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2002 Revised Code of Washington Volume 7: Titles 76 through 91
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VOLUME 7
Titles 76 through 91
2002
REVISED CODE OF WASHINGTON
Published under the authority of chapter 1.08 RCW.
Containing all laws of a general and permanent nature through the 2002 regular session, which adjourned sine
die March 14, 2002.
(2002 Ed.)
[Preface—p i]
REVISED CODE OF WASHINGTON
2002 Edition
©
2002 State of Washington
CERTIFICATE
The 2002 edition of the Revised Code of Washington, published officially by the Statute Law Committee, is, in
accordance with RCW 1.08.037, certified to comply with the current specifications of the committee.
JOHN G. SCHULTZ, Chair,
STATUTE LAW COMMITTEE
[Preface—p ii]
(2002 Ed.)
PREFACE
Numbering system: The number of each section of this code is made up of three parts, in sequence as
follows: Number of title; number of chapter within the title; number of section within the chapter. Thus RCW
1.04.020 is Title 1, chapter 4, section 20. The section part of the number (.020) is initially made up of three digits,
constitutes a true decimal, and provides a facility for numbering new sections to be inserted between old sections
already consecutively numbered, merely by adding one or more digits at the end of the number. In most chapters
of the code, sections have been numbered by tens (.010, .020, .030, .040, etc.), leaving nine vacant numbers
between original sections so that for a time new sections may be inserted without extension of the section number
beyond three digits.
Citation to the Revised Code of Washington: The code should be cited as RCW; see RCW 1.04.040. An
RCW title should be cited Title 7 RCW. An RCW chapter should be cited chapter 7.24 RCW. An RCW section
should be cited RCW 7.24.010. Through references should be made as RCW 7.24.010 through 7.24.100. Series
of sections should be cited as RCW 7.24.010, 7.24.020, and 7.24.030.
History of the Revised Code of Washington; Source notes: The Revised Code of Washington was adopted
by the legislature in 1950; see chapter 1.04 RCW. The original publication (1951) contained material variances
from the language and organization of the session laws from which it was derived, including a variety of divisions
and combinations of the session law sections. During 1953 through 1959, the Statute Law Committee, in exercise
of the powers contained in chapter 1.08 RCW, completed a comprehensive study of these variances and, by means
of a series of administrative orders or reenactment bills, restored each title of the code to reflect its session law
source, but retaining the general codification scheme originally adopted. An audit trail of this activity has been
preserved in the concluding segments of the source note of each section of the code so affected. The legislative
source of each section is enclosed in brackets [ ] at the end of the section. Reference to session laws is
abbreviated; thus "1891 c 23 § 1; 1854 p 99 § 135" refers to section 1, chapter 23, Laws of 1891 and section 135,
page 99, Laws of 1854. "Prior" indicates a break in the statutory chain, usually a repeal and reenactment. "RRS
or Rem. Supp.——" indicates the parallel citation in Remington’s Revised Code, last published in 1949.
Where, before restoration, a section of this code constituted a consolidation of two or more sections of the
session laws, or of sections separately numbered in Remington’s, the line of derivation is shown for each
component section, with each line of derivation being set off from the others by use of small Roman numerals,
"(i)," "(ii)," etc.
Where, before restoration, only a part of a session law section was reflected in a particular RCW section the
history note reference is followed by the word "part."
"Formerly" and its correlative form "FORMER PART OF SECTION" followed by an RCW citation preserves
the record of original codification.
Double amendments: Some double or other multiple amendments to a section made without reference to each
other are set out in the code in smaller (8-point) type. See RCW 1.12.025.
Index: Titles 1 through 91 are indexed in the RCW General Index. Separate indexes are provided for the
Rules of Court and the State Constitution.
Sections repealed or decodified; Disposition table: Memorials to RCW sections repealed or decodified are
tabulated in numerical order in the table entitled "Disposition of former RCW sections."
Codification tables: To convert a session law citation to its RCW number (for Laws of 1951 or later) consult
the codification tables. A similar table is included to relate the disposition in RCW of sections of Remington’s
Revised Statutes.
Errors or omissions: (1) Where an obvious clerical error has been made in the law during the legislative
process, the code reviser adds a corrected word, phrase, or punctuation mark in [brackets] for clarity. These
additions do not constitute any part of the law.
(2) Although considerable care has been taken in the production of this code, within the limits of available time
and facilities it is inevitable that in so large a work that there will be errors, both mechanical and of judgment.
When those who use this code detect errors in particular sections, a note citing the section involved and the nature
of the error may be sent to: Code Reviser, Box 40551, Legislative Building, Olympia, WA 98504-0551, so that
correction may be made in a subsequent publication.
(2002 Ed.)
[Preface—p iii]
TITLES OF THE REVISED CODE OF WASHINGTON
1
2
3
4
5
6
7
8
9
9A
10
11
12
13
14
15
16
17
18
19
20
21
22
23
23B
24
25
26
27
28A
28B
28C
29
30
31
32
33
34
35
35A
36
37
38
39
40
41
42
43
44
46
General provisions
Judicial
Courts of record
District courts—Courts of limited jurisdiction
Civil procedure
Evidence
Enforcement of judgments
Special proceedings and actions
Eminent domain
Crimes and punishments
Washington Criminal Code
Criminal procedure
Probate and trust law
District courts—Civil procedure
Juvenile courts and juvenile offenders
Aeronautics
Agriculture
Agriculture and marketing
Animals and livestock
Weeds, rodents, and pests
Businesses and professions
Businesses and professions
Business regulations—Miscellaneous
Commission merchants—Agricultural products
Securities and investments
Warehousing and deposits
Corporations, associations, and partnerships
Corporations and associations (Profit)
Washington business corporation act
Corporations and associations (Nonprofit)
Partnerships
Domestic relations
Education
Libraries, museums, and historical activities
Common school provisions
Higher education
Vocational education
Elections
Financial institutions
Banks and trust companies
Miscellaneous loan agencies
Mutual savings banks
Savings and loan associations
Government
Administrative law
Cities and towns
Optional Municipal Code
Counties
Federal areas—Indians
Militia and military affairs
Public contracts and indebtedness
Public documents, records, and publications
Public employment, civil service, and pensions
Public officers and agencies
State government—Executive
State government—Legislative
Highways and motor vehicles
Motor vehicles
[Preface—p iv]
47
48
Public highways and transportation
Insurance
Labor
49
Labor regulations
50
Unemployment compensation
51
Industrial insurance
Local service districts
52
Fire protection districts
53
Port districts
54
Public utility districts
55
Sanitary districts
57
Water-sewer districts
Property rights and incidents
58
Boundaries and plats
59
Landlord and tenant
60
Liens
61
Mortgages, deeds of trust, and real estate contracts
62A Uniform Commercial Code
63
Personal property
64
Real property and conveyances
65
Recording, registration, and legal publication
Public health, safety, and welfare
66
Alcoholic beverage control
67
Sports and recreation—Convention facilities
68
Cemeteries, morgues, and human remains
69
Food, drugs, cosmetics, and poisons
70
Public health and safety
71
Mental illness
71A Developmental disabilities
72
State institutions
73
Veterans and veterans’ affairs
74
Public assistance
Public resources
76
Forests and forest products
77
Fish and wildlife
78
Mines, minerals, and petroleum
79
Public lands
79A Public recreational lands
Public service
80
Public utilities
81
Transportation
Taxation
82
Excise taxes
83
Estate taxation
84
Property taxes
Waters
85
Diking and drainage
86
Flood control
87
Irrigation
88
Navigation and harbor improvements
89
Reclamation, soil conservation, and land settlement
90
Water rights—Environment
91
Waterways
(2002 Ed.)
Title 76
FORESTS AND FOREST PRODUCTS
Chapters
76.01
76.04
76.06
76.09
76.10
76.12
76.13
76.14
76.15
76.16
76.20
76.36
76.42
76.44
76.48
76.52
76.56
General provisions.
Forest protection.
Forest insect and disease control.
Forest practices.
Surface mining.
Reforestation.
Stewardship of nonindustrial forests and
woodlands.
Forest rehabilitation.
Community and urban forestry.
Access to state timber and other valuable
material.
Firewood on state lands.
Marks and brands.
Wood debris—Removal from navigable waters.
Institute of forest resources.
Specialized forest products.
Cooperative forest management services act.
Center for international trade in forest products.
Access roads to public and state forest lands: Chapter 79.38 RCW.
County timber: Chapter 36.34 RCW.
Easements over public lands: RCW 79.01.312 through 79.01.336,
79.36.230 through 79.36.290.
Exchange of state lands to facilitate marketing of forest products or to
consolidate state lands: RCW 79.08.180 through 79.08.200.
Excise tax on conveyance of standing timber: Chapter 82.45 RCW.
Forest management, major line at state universities: RCW 28B.10.115,
28B.20.060.
Forest roads, county: RCW 36.82.140.
Infractions: Chapter 7.84 RCW.
Lien for labor and services on timber and lumber: Chapter 60.24 RCW.
Limitation on liability of forest landowner for injuries to recreation users:
RCW 4.24.210.
Logging railroads: Title 81 RCW.
Logging trucks, special permits for use of roads and highways: RCW
46.44.047.
Logs on county highways and bridges: RCW 36.86.090.
Measurement of timber and wood products, fraud, penalty: RCW 9.45.122
through 9.45.126.
Motor vehicle size, weight and load: Chapter 46.44 RCW.
National forests, jurisdiction: Chapter 37.08 RCW.
Pest control compact: Chapter 17.34 RCW.
Reservation of timber on sale of county tax-title lands: RCW 36.35.120.
Safety supervisor: RCW 43.22.040.
Sustained yield plan and cooperative agreements: Chapter 79.60 RCW.
Taxation and/or assessment of lands lying both within fire protection
district and forest protection assessment area: RCW 52.16.170.
Transportation of forest products, applicability of public utility tax: RCW
82.16.020.
University demonstration forest and experiment station: RCW 79.08.070.
(2002 Ed.)
Chapter 76.01
GENERAL PROVISIONS
Sections
76.01.010
76.01.020
76.01.030
76.01.040
76.01.050
76.01.060
76.01.080
76.01.090
Sale of other than state forest lands.
Sale of other than state forest lands—Procedure.
Sale of other than state forest lands—Disposition of revenue.
Federal funds for management and protection of forests,
forest and range lands.
Federal funds for management and protection of forests,
forest and range lands—Disbursement of funds.
Right of entry in course of duty by representatives of department of natural resources.
Lacey compound—Light industrial facilities/land—Sale or
exchange.
Proposal for exchange or sale—Lacey compound site.
76.01.010 Sale of other than state forest lands. The
department of natural resources is hereby authorized to sell
any real property not designated or acquired as state forest
lands, but acquired by the state, either in the name of the
forest board, the forestry board, or the division of forestry,
for administrative sites, lien foreclosures or other purposes
whenever it shall determine that said lands are no longer or
not necessary for public use. [1988 c 128 § 12; 1955 c 121
§ 1.]
76.01.020 Sale of other than state forest lands—
Procedure. The sale may be made after public notice to the
highest bidder for such a price as shall be approved by the
governor, but not less than the fair market value of the real
property, plus the value of improvements thereon. Any
instruments necessary to convey title shall be executed by
the governor in form approved by the attorney general.
[1955 c 121 § 2.]
76.01.030 Sale of other than state forest lands—
Disposition of revenue. All amounts received from the sale
shall be credited to the fund of the department of government responsible for the acquisition and maintenance of the
property sold. [1955 c 121 § 3.]
76.01.040 Federal funds for management and
protection of forests, forest and range lands. The department of natural resources is hereby authorized to receive
funds from the federal government for cooperative work in
management and protection of forests and forest and range
lands as may be authorized by any act of Congress which is
now, or may hereafter be, adopted for such purposes. [1988
c 128 § 13; 1957 c 78 § 1.]
76.01.050 Federal funds for management and
protection of forests, forest and range lands—
Disbursement of funds. The department of natural resources is hereby authorized to disburse such funds, together with
[Title 76 RCW—page 1]
76.01.050
Title 76 RCW: Forests and Forest Products
any funds which may be appropriated or contributed from
any source for such purposes, on management and protection
of forests and forest and range lands. [1988 c 128 § 14;
1957 c 78 § 2.]
76.01.060 Right of entry in course of duty by
representatives of department of natural resources. Any
authorized assistants, employees, agents, appointees or representatives of the department of natural resources may, in the
course of their inspection and enforcement duties as provided
for in chapters 76.04, 76.06, 76.09, 76.16, and 76.36 RCW,
enter upon any lands, real estate, waters or premises except
the dwelling house or appurtenant buildings in this state
whether public or private and remain thereon while performing such duties. Similar entry by the department of natural
resources may be made for the purpose of making examinations, locations, surveys and/or appraisals of all lands under
the management and jurisdiction of the department of natural
resources; or for making examinations, appraisals and, after
five days’ written notice to the landowner, making surveys
for the purpose of possible acquisition of property to provide
public access to public lands. In no event other than an
emergency such as fire fighting shall motor vehicles be used
to cross a field customarily cultivated, without prior consent
of the owner. None of the entries herein provided for shall
constitute trespass, but nothing contained herein shall limit
or diminish any liability which would otherwise exist as a
result of the acts or omissions of said department or its
representatives. [2000 c 11 § 1; 1983 c 3 § 194; 1971 ex.s.
c 49 § 1; 1963 c 100 § 1.]
76.01.080 Lacey compound—Light industrial
facilities/land—Sale or exchange. Except as provided in
RCW 76.01.090, the department of natural resources may
sell or exchange the light industrial facilities and land in
Thurston county, known as the Lacey compound, which was
acquired as an administrative site. This land and the
facilities may be sold or exchanged for other lands and
facilities in Thurston county, or counties adjacent to
Thurston county, for use as an administrative site. The
property may be exchanged for public or private property.
The department is authorized to accept cash or expend cash
from appropriated funds in order to balance a proposed
exchange. Alternatively, the department may sell the Lacey
compound at public auction or under RCW 79.01.009. The
sale or exchange must be for at least market value. Transactions involving the construction of improvements must be
conducted pursuant to Title 39 RCW, as applicable, and
must comply with all other applicable laws and rules.
Proceeds received from the sale or exchange of the Lacey
compound must be deposited into the park land trust
revolving fund to be used to acquire a replacement administrative site. Funds received from the exchange or sale that
are not used to either replace or construct, or both, the
administrative site must be deposited pursuant to RCW
76.01.030 or into the appropriate trust account as determined
by the department. [2001 c 189 § 1.]
76.01.090 Proposal for exchange or sale—Lacey
compound site. Before proceeding with an exchange or sale
of the Lacey compound site, the department of natural
[Title 76 RCW—page 2]
resources shall submit a proposal for an exchange or sale to
the office of financial management for review and approval.
The proposal shall include:
(1) A determination of the ownership by trust of the
Lacey compound site;
(2) A determination of the market value of the Lacey
compound site;
(3) A determination of prospective proportional use of
the future site based on function and an assessment of the
financial responsibility for the new site based on the functional analysis; and
(4) A financing plan for the future site based on
prospective use.
The location of a future site is subject to the approval
of the board of natural resources and the state capitol
committee.
Any additional funding requirements shall be submitted
for approval by the legislature by January 1, 2002. [2001 c
189 § 2.]
Chapter 76.04
FOREST PROTECTION
Sections
ADMINISTRATION
76.04.005
76.04.015
76.04.016
76.04.025
76.04.035
76.04.045
76.04.055
76.04.065
76.04.075
76.04.085
76.04.095
76.04.105
76.04.115
76.04.125
76.04.135
76.04.145
76.04.155
76.04.165
76.04.167
76.04.175
76.04.177
Definitions.
Fire protection powers and duties of department—
Enforcement—Investigation—Administration.
Fire prevention and suppression capacity—Duties owed to
public in general—Legislative intent.
Federal funds.
Wardens—Appointment—Duties.
Rangers—Appointment—Ex officio rangers—Compensation.
Service of notices.
Arrests without warrants.
Rules—Penalty.
Penalty for violations.
Cooperative protection.
Contracts for protection and development.
Articles of incorporation—Requirements.
Requisites of contract.
Cooperative agreements—Public agencies.
Forest fire advisory board.
Fire fighting—Employment—Assistance.
Legislative declaration—Forest protection zones.
Legislative declaration—Equitable sharing of forest fire
protection costs—Coordinated forest fire protection and
suppression.
Fire suppression equipment—Comparison of costs.
Fire suppression equipment—Requirement to utilize private
equipment.
PERMITS
76.04.205
76.04.215
76.04.235
76.04.246
Burning permits.
Burning mill wood waste—Arresters.
Dumping mill waste, forest debris—Penalty.
Use of blasting fuse.
76.04.305
76.04.315
76.04.325
Closed to entry—Designation.
Suspension of burning permits/privileges.
Closure of forest operations or forest lands.
CLOSURES/SUSPENSIONS
FIRE PROTECTION REGULATION
76.04.405
76.04.415
76.04.425
Steam, internal combustion, or electrical engines and other
spark-emitting equipment regulated.
Penalty for violations—Work stoppage notice.
Unauthorized entry into sealed fire tool box.
(2002 Ed.)
Forest Protection
76.04.435
76.04.445
76.04.455
76.04.465
76.04.475
76.04.486
76.04.495
Deposit of fire or live coals.
Reports of fire.
Lighted material, etc.—Receptacles in conveyances.
Certain snags to be felled currently with logging.
Reimbursement for costs of suppression action.
Escaped slash burns—Obligations.
Negligent starting of fires or allowance of extreme fire hazard or debris—Liability—Recovery of reasonable expenses—Lien.
ASSESSMENTS, OBLIGATIONS, FUNDS
76.04.600
76.04.610
76.04.620
76.04.630
Owners to protect forests.
Forest fire protection assessment.
State funds—Loans—Recovery of funds from the landowner
contingency forest fire suppression account.
Landowner contingency forest fire suppression account—
Expenditures—Assessments.
HAZARD ABATEMENT
76.04.650
76.04.660
Disposal of forest debris—Permission to allow trees to fall
on another’s land.
Additional fire hazards—Extreme fire hazard areas—
Abatement, isolation or reduction—Summary action—
Recovery of costs.
FIRE REGULATION
76.04.700
76.04.710
76.04.720
76.04.730
76.04.740
76.04.750
Failure to extinguish campfire.
Wilful setting of fire.
Removal of notices.
Negligent fire—Spread.
Reckless burning.
Uncontrolled fire a public nuisance—Suppression—Duties—
Summary action—Recovery of costs.
76.04.900 Captions—1986 c 100.
Burning permits within fire protection districts: RCW 52.12.101.
Christmas trees—Cutting, breaking, removing: RCW 79.40.070 and
79.40.080.
Excessive steam in boilers, penalty: RCW 70.54.080.
Steam boilers and pressure vessels, construction, installation, inspection,
and certification: Chapter 70.79 RCW.
Treble damages for removal of trees: RCW 64.12.030 and 79.01.756.
ADMINISTRATION
76.04.005 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Additional fire hazard" means a condition existing
on any land in the state covered wholly or in part by forest
debris which is likely to further the spread of fire and
thereby endanger life or property. The term "additional fire
hazard" does not include green trees or snags left standing
in upland or riparian areas under the provisions of RCW
76.04.465 or chapter 76.09 RCW.
(2) "Closed season" means the period between April 15
and October 15, unless the department designates different
dates because of prevailing fire weather conditions.
(3) "Department" means the department of natural
resources, or its authorized representatives, as defined in
chapter 43.30 RCW.
(4) "Department protected lands" means all lands subject
to the forest protection assessment under RCW 76.04.610 or
covered under contract or agreement pursuant to RCW
76.04.135 by the department.
(5) "Emergency fire costs" means those costs incurred
or approved by the department for emergency forest fire
suppression, including the employment of personnel, rental
(2002 Ed.)
Chapter 76.04
of equipment, and purchase of supplies over and above costs
regularly budgeted and provided for nonemergency fire
expenses for the biennium in which the costs occur.
(6) "Forest debris" includes forest slash, chips, and any
other vegetative residue resulting from activities on forest
land.
(7) "Forest fire service" includes all wardens, rangers,
and other persons employed especially for preventing or
fighting forest fires.
(8) "Forest land" means any unimproved lands which
have enough trees, standing or down, or flammable material,
to constitute in the judgment of the department, a fire
menace to life or property. Sagebrush and grass areas east
of the summit of the Cascade mountains may be considered
forest lands when such areas are adjacent to or intermingled
with areas supporting tree growth. Forest land, for protection purposes, does not include structures.
(9) "Forest landowner," "owner of forest land," "landowner," or "owner" means the owner or the person in
possession of any public or private forest land.
(10) "Forest material" means forest slash, chips, timber,
standing or down, or other vegetation.
(11) "Landowner operation" means every activity, and
supporting activities, of a forest landowner and the
landowner’s agents, employees, or independent contractors
or permittees in the management and use of forest land
subject to the forest protection assessment under RCW
76.04.610 for the primary benefit of the owner. The term
includes, but is not limited to, the growing and harvesting of
forest products, the development of transportation systems,
the utilization of minerals or other natural resources, and the
clearing of land. The term does not include recreational and/
or residential activities not associated with these enumerated
activities.
(12) "Participating landowner" means an owner of forest
land whose land is subject to the forest protection assessment
under RCW 76.04.610.
(13) "Slash" means organic forest debris such as tree
tops, limbs, brush, and other dead flammable material
remaining on forest land as a result of a landowner operation.
(14) "Slash burning" means the planned and controlled
burning of forest debris on forest lands by broadcast burning,
underburning, pile burning, or other means, for the purposes
of silviculture, hazard abatement, or reduction and prevention
or elimination of a fire hazard.
(15) "Suppression" means all activities involved in the
containment and control of forest fires, including the
patrolling thereof until such fires are extinguished or
considered by the department to pose no further threat to life
or property.
(16) "Unimproved lands" means those lands that will
support grass, brush and tree growth, or other flammable
material when such lands are not cleared or cultivated and,
in the opinion of the department, are a fire menace to life
and property. [1992 c 52 § 24; 1986 c 100 § 1.]
76.04.015 Fire protection powers and duties of
department—Enforcement—Investigation—
Administration. (1) The department may, at its discretion,
appoint trained personnel possessing the necessary qualifica[Title 76 RCW—page 3]
76.04.015
Title 76 RCW: Forests and Forest Products
tions to carry out the duties and supporting functions of the
department and may determine their respective salaries.
(2) The department shall have direct charge of and
supervision of all matters pertaining to the forest fire service
of the state.
(3) The department shall:
(a) Enforce all laws within this chapter;
(b) Be empowered to take charge of and direct the work
of suppressing forest fires;
(c) Investigate the origin and cause of all forest fires to
determine whether either a criminal act or negligence by any
person, firm, or corporation caused the starting, spreading, or
existence of the fire. In conducting investigations, the
department shall work cooperatively, to the extent possible,
with utilities, property owners, and other interested parties to
identify and preserve evidence. Except as provided otherwise in this subsection, the department in conducting
investigations is authorized, without court order, to take
possession or control of relevant evidence found in plain
view and belonging to any person, firm, or corporation. To
the extent possible, the department shall notify the person,
firm, or corporation of its intent to take possession or control
of the evidence. The person, firm, or corporation shall be
afforded reasonable opportunity to view the evidence and,
before the department takes possession or control of the
evidence, also shall be afforded reasonable opportunity to
examine, document, and photograph it. If the person, firm,
or corporation objects in writing to the department’s taking
possession or control of the evidence, the department must
either return the evidence within seven days after the day on
which the department is provided with the written objections
or obtain a court order authorizing the continued possession
or control.
Absent a court order authorizing otherwise, the department may not take possession or control of evidence over
the objection of the owner of the evidence if: (i) The
evidence is used by the owner in conducting a business or in
providing an electric utility service; and (ii) the department’s
taking possession or control of the evidence would substantially and materially interfere with the operation of the
business or provision of electric utility service.
Absent a court order authorizing otherwise, the department may not take possession or control of evidence over
the objection of an electric utility when the evidence is not
owned by the utility but has caused damage to property
owned by the utility. However, this paragraph does not
apply if the department has notified the utility of its intent to
take possession or control of the evidence and provided the
utility with reasonable time to examine, document, and
photograph the evidence.
Only personnel qualified to work on electrical equipment may take possession or control of evidence owned or
controlled by an electric utility;
(d) Furnish notices or information to the public calling
attention to forest fire dangers and the penalties for violation
of this chapter;
(e) Be familiar with all timbered and cut-over areas of
the state; and
(f) Regulate and control the official actions of its
employees, the wardens, and the rangers.
(4) The department may:
[Title 76 RCW—page 4]
(a) Authorize all needful and proper expenditures for
forest protection;
(b) Adopt rules for the prevention, control, and suppression of forest fires as it considers necessary including but not
limited to: Fire equipment and materials; use of personnel;
and fire prevention standards and operating conditions
including a provision for reducing these conditions where
justified by local factors such as location and weather;
(c) Remove at will the commission of any ranger or
suspend the authority of any warden;
(d) Inquire into:
(i) The extent, kind, value, and condition of all timber
lands within the state;
(ii) The extent to which timber lands are being destroyed by fire and the damage thereon.
(5) When the department considers it to be in the best
interest of the state, it may cooperate with any agency of
another state, the United States or any agency thereof, the
Dominion of Canada or any agency or province thereof, and
any county, town, corporation, individual, or Indian tribe
within the state of Washington in forest fire fighting and
patrol. [1993 c 196 § 3; 1986 c 100 § 2.]
76.04.016 Fire prevention and suppression capacity—Duties owed to public in general—Legislative intent.
The department when acting, in good faith, in its statutory
capacity as a fire prevention and suppression agency, is
carrying out duties owed to the public in general and not to
any individual person or class of persons separate and apart
from the public. Nothing contained in this title, including
but not limited to any provision dealing with payment or
collection of forest protection or fire suppression assessments, may be construed to evidence a legislative intent that
the duty to prevent and suppress forest fires is owed to any
individual person or class of persons separate and apart from
the public in general. This section does not alter the
department’s duties and responsibilities as a landowner.
[1993 c 196 § 1.]
76.04.025 Federal funds. The department shall
receive and disburse any and all moneys contributed,
allotted, or paid by the United States under the authority of
any act of Congress for use in cooperation with the state of
Washington in protecting and developing forests. [1986 c
100 § 3.]
76.04.035 Wardens—Appointment—Duties. (1) The
department may appoint any of its employees as wardens, at
the times and localities as it considers the public welfare
demands, within any area of the state where there is forest
land requiring protection.
(2) The duties of wardens shall be:
(a) To provide forest fire prevention and protection
information to the public;
(b) To investigate discovered or reported fires on forest
lands and take appropriate action;
(c) To patrol their areas as necessary;
(d) To visit all parts of their area, and frequented places
and camps as far as possible, and warn campers or other
users and visitors of fire hazards;
(2002 Ed.)
Forest Protection
(e) To see that all locomotives and all steam, internal
combustion, and other spark-emitting equipment are provided
with spark arresters and adequate devices for preventing the
escape of fire or sparks in accordance with the law;
(f) To see that operations or activities on forest land
have all required fire prevention and suppression equipment
or devices as required by law;
(g) To extinguish wildfires;
(h) To set back-fires to control fires;
(i) To summons, impress, and employ help in controlling wildfires;
(j) To see that all laws for the protection of forests are
enforced;
(k) To investigate, arrest, and initiate prosecution of all
offenders of this chapter or other chapters as allowed by law;
and
(l) To perform all other duties as prescribed by law and
as the department directs.
(3) All wardens and rangers shall render reports to the
department on blanks or forms, or in the manner and at the
times as may be ordered, giving a summary of how employed, the area visited, expenses incurred, and other
information as required by the department.
(4) The department may suspend the authority of any
warden who may be incompetent or unwilling to discharge
properly the duties of the office.
(5) The department shall determine the placement of the
wardens and, upon its request to the county commissioners
of any county, the county commissioners shall designate and
furnish the wardens with suitably equipped office quarters in
the county courthouse.
(6) The authority of the wardens regarding the prevention, suppression, and control of forest fires, summoning,
impressing, or employing help, or making arrests for
violations of this chapter may extend to any part of the state.
[1986 c 100 § 4.]
76.04.045 Rangers—Appointment—Ex officio
rangers—Compensation. (1) All Washington state patrol
officers, fish and wildlife officers, deputy state fire marshals,
and state park rangers, while in their respective jurisdictions,
shall be ex officio rangers.
(2) Employees of the United States forest service, when
recommended by their forest supervisor, and citizens of the
state advantageously located may, at the discretion of the
department, be commissioned as rangers and vested with the
certain powers and duties of wardens as specified in this
chapter and as directed by the department.
(3) Rangers shall receive no compensation for their
services except when employed in cooperation with the state
and under the provisions of this chapter and shall not create
any indebtedness or incur any liability on behalf of the state:
PROVIDED, That rangers actually engaged in extinguishing
or preventing the spread of fire on forest land or elsewhere
that may endanger forest land shall, when their accounts for
such service have been approved by the department, be
entitled to receive compensation for such services at a rate
to be fixed by the department.
(4) The department may cancel the commission of any
ranger or authority granted to any ex officio ranger who may
(2002 Ed.)
76.04.035
be incompetent or unwilling to discharge properly the duties
of the office. [2001 c 253 § 9; 1986 c 100 § 5.]
76.04.055 Service of notices. Any notice required by
law to be served by the department, warden, or ranger shall
be sufficient if a written or printed copy thereof is delivered,
mailed, telegraphed, or electronically transmitted by the
department, warden, or ranger to the person to receive the
notice or to his or her responsible agent. If the name or address of the person or agent is unknown and cannot be
obtained by reasonable diligence, the notice may be served
by posting the copy in a conspicuous place upon the premises concerned by the notice. [1986 c 100 § 6.]
76.04.065 Arrests without warrants. Department
employees appointed as wardens, persons commissioned as
rangers, and all police officers may arrest persons violating
this chapter, without warrant, as prescribed by law. [1986
c 100 § 7.]
76.04.075 Rules—Penalty. Any person who violates
any of the orders or rules adopted under this chapter for the
protection of forests from fires is guilty of a misdemeanor
and subject to the penalties for a misdemeanor under RCW
9A.20.021, unless another penalty is provided. [1986 c 100
§ 8.]
76.04.085 Penalty for violations. Unless specified
otherwise, violations of the provisions of this chapter shall
be a misdemeanor and subject to the penalties for a misdemeanor under RCW 9A.20.021. [1986 c 100 § 9.]
76.04.095 Cooperative protection. When any
responsible protective agency or agencies composed of
timber owners other than the state agrees to undertake systematic forest protection in cooperation with the state and
such cooperation appears to the department to be more
advantageous to the state than the state-provided forest fire
services, the department may designate suitable areas to be
official cooperative districts and substitute cooperative
services for the state-provided services. The department may
cooperate in the compensation for expenses of preventing
and controlling fire in cooperative districts to the extent it
considers equitable on behalf of the state. [1986 c 100 §
10.]
76.04.105 Contracts for protection and development. The department may enter into contracts and undertakings with private corporations for the protection and
development of the forest lands within the state, subject to
the provisions of this chapter. [1986 c 100 § 11.]
76.04.115 Articles of incorporation—Requirements.
Before any private corporation may enter into any contract
under RCW 76.04.105, there shall be incorporated into the
articles of incorporation or charter of such corporation a provision requiring that the corporation, out of its earnings or
earned surplus, and in a manner satisfactory to the department, annually set apart funds to discharge any contract
[Title 76 RCW—page 5]
76.04.115
Title 76 RCW: Forests and Forest Products
entered into between such corporation and the department.
[1986 c 100 § 12.]
76.04.125 Requisites of contract. Any undertaking
for the protection and development of the forest lands of the
state under RCW 76.04.105 shall be regulated and controlled
by a contract to be entered into between the private corporation and the department. The contract shall outline the lands
involved and the conditions and details of the undertaking,
including an exact specification of the amount of funds to be
made available by the corporation and the time and manner
of disbursement. Before entering into any such contract, the
department shall be satisfied that the private corporation is
financially solvent and will be able to carry out the project
outlined in the contract. The department shall have charge
of the project for the protection and development of the
forest lands described in the contract, and any expense
incurred by the department under any such contract shall be
payable solely by the corporation from the funds provided by
it for these purposes. The state of Washington shall not in
any event be responsible to any person, firm, company, or
corporation for any indebtedness created by any corporation
under a contract pursuant to RCW 76.04.105. [1986 c 100
§ 13.]
76.04.135 Cooperative agreements—Public agencies.
(1) For the purpose of promoting and facilitating cooperation
between fire protection agencies and to more adequately
protect life, property, and the natural resources of the state,
the department may enter into a contract or agreement with
a municipality, county, state, or federal agency to provide
fire detection, prevention, presuppression, or suppression
services on property which they are responsible to protect.
(2) Contracts or agreements under subsection (1) of this
section may contain provisions for the exchange of services
on a cooperative basis or services in return for cash payment
or other compensation.
(3) No charges may be made when the department
determines that under a cooperative contract or agreement
the assistance received from a municipality, county, or
federal agency on state protected lands equals that provided
by the state on municipal, county, or federal lands. [1986 c
100 § 14.]
76.04.145 Forest fire advisory board. (1) There is
hereby created a forest fire advisory board, consisting of
seven members who shall represent private and public forest
landowners and other interested segments of the public. The
members shall be appointed by the commissioner of public
lands and shall serve at the commissioner’s pleasure, without
compensation.
(2) The duties of the forest fire advisory board shall be
strictly advisory and shall include, but not necessarily be
limited to:
(a) Reviewing forest fire prevention and suppression
policies of the department;
(b) Monitoring expenditures from and recoveries for the
landowner contingency forest fire suppression account;
(c) Recommending appropriate assessments and allocations for establishment and replenishment of the account
based upon the proportionate expenditures necessitated by
[Title 76 RCW—page 6]
participating landowner operations in western and eastern
Washington;
(d) Recommending to the department appropriate rules
or amendments to existing rules and reviewing
nonemergency rules affecting the protection of forest lands
from fire, including reasonable alternative means or procedures for the abatement, isolation, or reduction of forest fire
hazards.
(3) Except where an emergency exists, all rules concerning matters listed in subsection (2)(d) of this section shall be
adopted by the department after consultation with the forest
fire advisory board. [1986 c 100 § 15.]
76.04.155 Fire fighting—Employment—Assistance.
(1) The department may employ a sufficient number of
persons to extinguish or prevent the spreading of any fire
that may be in danger of damaging or destroying any timber
or other property on department protected lands. The
department may provide needed tools and supplies and may
provide transportation when necessary for persons so
employed.
(2) Every person so employed is entitled to compensation at a rate to be fixed by the department. The department
shall, upon request, show the person the number of hours
worked by that person and the rate established for payment.
After approval of the department, that person is entitled to
receive payment from the state.
(3) It is unlawful to fail to render assistance when called
upon by the department to aid in guarding or extinguishing
any fire. [1986 c 100 § 16.]
76.04.165 Legislative declaration—Forest protection
zones. (1) The legislature finds and declares that forest
lands within the state are increasingly being used for
residential purposes; that the risk to life and property is increasing from forest fires which may destroy developed
property; that, based on the primary missions for the
respective fire control agencies established in this chapter,
adjustment of the geographic areas of responsibility has not
kept pace with the increasing use of forest lands for residential purposes; and that the department should work with the
state’s other fire control agencies to define geographic areas
of responsibility that are more consistent with their respective primary missions.
(2) To accomplish the purposes of subsection (1) of this
section, the department shall establish a procedure to clarify
its geographic areas of responsibility. The areas of department protection shall be called forest protection zones. The
forest protection zones shall include all forest land which the
department is obligated to protect but shall not include forest
land within rural fire districts or municipal fire districts
which affected local fire control agencies agree, by mutual
consent with the department, is not appropriate for department protection. Forest land not included within a forest
protection zone established by mutual agreement of the
department and a rural fire district or a municipal fire district
shall not be assessed under RCW 76.04.610 or 76.04.630.
(3) After the department and any affected local fire
protection agencies have agreed on the boundary of a forest
protection zone, the department shall establish the boundary
by rule under chapter 34.05 RCW.
(2002 Ed.)
Forest Protection
(4) Except by agreement of the affected parties, the
establishment of forest protection zones shall not alter any
mutual aid agreement. [1995 c 151 § 2; 1988 c 273 § 2.]
76.04.167 Legislative declaration—Equitable
sharing of forest fire protection costs—Coordinated
forest fire protection and suppression. (1) The legislature
hereby finds and declares that:
(a) Forest wild fires are a threat to public health and
safety and can cause catastrophic damage to public and
private resources, including clean air, clean water, fish and
wildlife habitat, timber resources, forest soils, scenic beauty,
recreational opportunities, economic and employment
opportunities, structures, and other improvements;
(b) Forest landowners and the public have a shared
interest in protecting forests and forest resources by preventing and suppressing forest wild fires;
(c) A recent independent analysis of the state fire
program considered it imperative to restore a more equitable
split between the general fund and forest protection assessments;
(d) Without a substantial increase in forest protection
funds, the state’s citizens will be paying much more money
for emergency fire suppression; and
(e) It is therefore the intent of the legislature that the
costs of fire protection be equitably shared between the
forest protection assessment account and state contributions
to ensure that there will be sufficient fire fighters who are
equipped and trained to respond quickly to fires in order to
keep fires small and manage those large fires that do occur.
In recognition of increases in landowner assessments, the
legislature declares its intent that increases in the state’s
share for forest protection should be provided to stabilize the
funding for the forest protection program, and that sufficient
state funds should be committed to the forest protection
program so that the recommendations contained in the 1997
tridata report can be implemented on an equitable basis.
(2) The legislature hereby finds and declares that it is in
the public interest to establish and maintain a complete,
cooperative, and coordinated forest fire protection and
suppression program for the state; that, second only to
saving lives, the primary mission of the department is
protecting forest resources and suppressing forest wild fires;
that a primary mission of rural fire districts and municipal
fire departments is protecting improved property and suppressing structural fires; and that the most effective way to
protect structures is for the department to focus its efforts
and resources on aggressively suppressing forest wild fires.
(3) The legislature also acknowledges the natural role of
fire in forest ecosystems, and finds and declares it in the
public interest to use fire under controlled conditions to
prevent wild fires by maintaining healthy forests and
eliminating sources of fuel. [2001 c 279 § 1; 1995 c 151 §
1.]
76.04.175 Fire suppression equipment—Comparison
of costs. (1) The department shall, by June 1 of each year,
establish a list of fire suppression equipment, such as
portable showers, kitchens, water tanks, dozers, and hauling
equipment, provided by the department so that the cost by
(2002 Ed.)
76.04.165
unit or category can be determined and can be compared to
the expense of utilizing private vendors.
(2) The department shall establish a roster of quotes by
vendors who are able to provide equipment to respond to
incidents involving wildfires on department-protected lands.
The department shall use these quotes from private vendors
to make a comparison with the costs established in subsection (1) of this section. The department shall utilize the
most effective and efficient resource available for responding
to wildfires. [1995 c 113 § 2.]
Finding—Intent—1995 c 113: "The legislature finds that it is
frequently in the best interest of the state to utilize fire suppression
equipment from private vendors whenever possible in responding to
incidents involving wildfires on department-protected lands. It is the intent
of the legislature to encourage the department of natural resources to utilize
kitchen, shower, and other fire suppression equipment from private vendors
as allowed in RCW 76.04.015(4)(b), when such utilization will be most
effective and efficient." [1995 c 113 § 1.]
76.04.177 Fire suppression equipment—
Requirement to utilize private equipment. Before constructing or purchasing any equipment listed in RCW
76.04.175(1) for wildfire suppression, the department shall
compare the per use cost of the equipment to be purchased
or constructed with the per use cost of utilizing private
equipment. If utilizing private equipment is more effective
and efficient, the department may not construct or purchase
the equipment but shall utilize the equipment from the
lowest responsive bidder. [1995 c 113 § 3.]
Finding—Intent—1995 c 113: See note following RCW 76.04.175.
PERMITS
76.04.205 Burning permits. (1) Except in certain
areas designated by the department or as permitted under
rules adopted by the department, a person shall have a valid
written burning permit obtained from the department to burn:
(a) Any flammable material on any lands under the
protection of the department; or
(b) Refuse or waste forest material on forest lands
protected by the department.
(2) To be valid a permit must be signed by both the
department and the permittee. Conditions may be imposed
in the permit for the protection of life, property, or air
quality and [the department] may suspend or revoke the
permits when conditions warrant. A permit shall be effective only under the conditions and for the period stated
therein. Signing of the permit shall indicate the permittee’s
agreement to and acceptance of the conditions of the permit.
(3) The department may inspect or cause to be inspected
the area involved and may issue a burning permit if:
(a) All requirements relating to fire fighting equipment,
the work to be done, and precautions to be taken before
commencing the burning have been met;
(b) No unreasonable danger will result; and
(c) Burning will be done in compliance with air quality
standards established by chapter 70.94 RCW.
(4) The department, authorized employees thereof, or
any warden or ranger may refuse, revoke, or postpone the
use of permits to burn when necessary for the safety of
adjacent property or when necessary in their judgment to
[Title 76 RCW—page 7]
76.04.205
Title 76 RCW: Forests and Forest Products
prevent air pollution as provided in chapter 70.94 RCW.
[1986 c 100 § 17.]
76.04.215 Burning mill wood waste—Arresters. (1)
It is unlawful for anyone manufacturing lumber or shingles,
or other forest products, to destroy wood waste material by
burning within one-fourth of one mile of any forest material
without properly confining the place of the burning and
without further safeguarding the surrounding property against
danger from the burning by such additional devices as the
department may require.
(2) It is unlawful for anyone to destroy any wood waste
material by fire within any burner or destructor operated
within one-fourth of one mile of any forest material, or to
operate any power-producing plant using in connection
therewith any smokestack, chimney, or other spark-emitting
outlet, without installing and maintaining on such burner, or
destructor, or on such smokestack, chimney, or other sparkemitting outlet, a safe and suitable device for arresting
sparks. [1986 c 100 § 18.]
76.04.235 Dumping mill waste, forest debris—
Penalty. (1) No person may dump mill waste from forest
products, or forest debris of any kind, in quantities that the
department declares to constitute a forest fire hazard on or
threatening forest lands located in this state without first
obtaining a written permit issued by the department on such
terms and conditions determined by the department pursuant
to rules enacted to protect forest lands from fire. The permit
is in addition to any other permit required by law.
(2) Any person who dumps such mill waste, or forest
debris, without a permit, or in violation of a permit is guilty
of a gross misdemeanor and subject to the penalties for a
gross misdemeanor under RCW 9A.20.021 and may further
be required to remove all materials dumped. [1986 c 100 §
19.]
76.04.246 Use of blasting fuse. It is unlawful to use
fuse for blasting on any area of logging slash or area of
actual logging operation without a permit during the closed
season. Upon the issuance of a written permit by the
department or warden or ranger, fuse may be used during the
closed season under the conditions specified in the permit.
[1986 c 100 § 20.]
beginning and ending dates of the closures shall be posted
on the public highways entering the regions.
(4) The rules shall be in force from the time specified
therein, but when in the opinion of the department such
forest region continues to be exposed to fire danger, or
ceases to be so exposed, the department may extend,
suspend, or terminate the closure by proclamation.
(5) This section does not authorize the department to
prohibit the conduct of industrial operations, public work, or
access of permanent residents to their own property within
the closed area, but no one legally entering the region of
extra fire hazard may use the area for recreational purposes
which are prohibited to the general public under the terms of
this section. [1986 c 100 § 21.]
76.04.315 Suspension of burning permits/privileges.
In times and localities of unusual fire danger, the department
may issue an order suspending any or all burning permits or
privileges authorized by RCW 76.04.205 and may prohibit
absolutely the use of fire in such locations. [1986 c 100 §
22.]
76.04.325 Closure of forest operations or forest
lands. (1) When in the opinion of the department weather
conditions arise which present an extreme fire hazard,
whereby life and property may be endangered, the department may issue an order shutting down all logging, land
clearing, or other industrial operations which may cause a
fire to start. The shutdown shall be for the periods and
regions designated in the order. During shutdowns, all
persons are excluded from logging operating areas and areas
of logging slash, except those present in the interest of fire
protection.
(2) When in the opinion of the department extreme fire
weather exists, whereby forest lands may be endangered, the
department may issue an order restricting access to and
activities on forest lands. The order shall describe the regions and extent of restrictions necessary to protect forest
lands. During the period in which the order is in effect, all
persons may be excluded from the regions described, except
those persons present in the interest of fire protection.
(3) Each day’s violation of an order under this section
shall constitute a separate offense. [1986 c 100 § 23.]
FIRE PROTECTION REGULATION
CLOSURES/SUSPENSIONS
76.04.305 Closed to entry—Designation. (1) When,
in the opinion of the department, any forest land is particularly exposed to fire danger, the department may designate
such land as a region of extra fire hazard subject to closure,
and the department shall adopt rules for the protection
thereof.
(2) All such rules shall be published in such newspapers
of general circulation in the counties wherein such region is
situated and for such length of time as the department may
determine.
(3) When in the opinion of the department it becomes
necessary to close the region to entry, posters carrying the
wording "Region of extra fire hazard-CLOSED TO ENTRYexcept as provided by RCW 76.04.305" and indicating the
[Title 76 RCW—page 8]
76.04.405 Steam, internal combustion, or electrical
engines and other spark-emitting equipment regulated.
It is unlawful during the closed season for any person to
operate any steam, internal combustion, or electric engine, or
any other spark-emitting equipment or device, on any forest
land or in any place where, in the opinion of the department,
fire could spread to forest land, without first complying with
the requirements as may be established by the department by
rule pursuant to this chapter. [1986 c 100 § 24.]
76.04.415 Penalty for violations—Work stoppage
notice. (1) Every person upon receipt of written notice
issued by the department that such person has or is violating
any of the provisions of RCW 76.04.215, 76.04.305,
76.04.405, or 76.04.650 or any rule adopted by the depart(2002 Ed.)
Forest Protection
ment concerning fire prevention and fire suppression
preparedness shall cease operations until compliance with the
provisions of the sections or rules specified in such notice.
(2) The department may specify in the notice of
violation the special conditions and precautions under which
the operation would be allowed to continue until the end of
that working day. [1986 c 100 § 25.]
76.04.425 Unauthorized entry into sealed fire tool
box. It is unlawful to enter into a sealed fire tool box
without authorization. [1986 c 100 § 26.]
76.04.435 Deposit of fire or live coals. No person
operating a railroad may permit to be deposited by any
employee, and no one may deposit fire or live coals, upon
the right of way within one-fourth of one mile of any forest
material, during the closed season, unless the fire or live
coals are immediately extinguished. [1986 c 100 § 27.]
76.04.445 Reports of fire. (1) Any person engaged
in any activity on forest lands shall immediately report to the
department, in person or by radio, telephone, or telegraph,
any fires on forest lands.
(2) Railroad companies and other public carriers
operating on or through forest lands shall immediately report
to the department, in person or by radio, telephone, or
telegraph, any fires on or adjacent to their right of way or
route. [1986 c 100 § 28.]
76.04.455 Lighted material, etc.—Receptacles in
conveyances. (1) It is unlawful during the closed season for
any person to throw away any lighted tobacco, cigars,
cigarettes, matches, fireworks, charcoal, or other lighted
material or to discharge any tracer or incendiary ammunition
in any forest, brush, range, or grain areas.
(2) It is unlawful during the closed season for any
individual to smoke any flammable material when in forest
or brush areas except on roads, cleared landings, gravel pits,
or any similar area free of flammable material.
(3) Every conveyance operated through or above forest,
range, brush, or grain areas shall be equipped in each
compartment with a suitable receptacle for the disposition of
lighted tobacco, cigars, cigarettes, matches, or other flammable material.
(4) Every person operating a public conveyance through
or above forest, range, brush, or grain areas shall post a copy
of this section in a conspicuous place within the smoking
compartment of the conveyance; and every person operating
a saw mill or a logging camp in any such areas shall post a
copy of this section in a conspicuous place upon the ground
or buildings of the milling or logging operation. [1986 c
100 § 29.]
76.04.465 Certain snags to be felled currently with
logging. Standing dead trees constitute a substantial deterrent to effective fire control action in forest areas, but are
also an important and essential habitat for many species of
wildlife. To insure continued existence of these wildlife
species and continued forest growth while minimizing the
risk of destruction by conflagration, only certain snags must
be felled currently with the logging. The department shall
(2002 Ed.)
76.04.415
adopt rules relating to effective fire control action to require
that only certain snags be felled, taking into consideration
the need to protect the wildlife habitat. [1986 c 100 § 30.]
76.04.475 Reimbursement for costs of suppression
action. Any person, firm, or corporation, public or private,
obligated to take suppression action on any forest fire is
entitled to reimbursement for reasonable costs incurred,
subject to the following:
(1) No reimbursement is allowed under this section to
a person, firm, or corporation whose negligence is responsible for the starting or existence of any fire for which costs
may be recoverable pursuant to law. Reimbursement for
fires resulting from slash burns are subject to RCW
76.04.486.
(2) If the fire is started in the course of or as a result of
land clearing operations, right of way clearing, or a landowner operation, the person, firm, or corporation conducting the
operation shall supply:
(a) At no cost to the department, all equipment and
able-bodied persons under contract, control, employment, or
ownership that are requested by the department and are
reasonably available until midnight of the day on which the
fire started; and
(b) After midnight of the day on which the fire started,
at no cost to the department, all equipment and able-bodied
persons under contract, control, employment, or ownership
that were within a one-half mile radius of the fire at the time
of discovery, until the fire is declared out by the department.
In no case may the person, firm, or corporation provide less
than one suitable bulldozer and five able-bodied persons, or
other equipment accepted by the department as equivalent,
unless the department determines less is needed for the
purpose of suppressing the fire; and
(c) If the person, firm, or corporation has no personnel
or equipment within one-half mile of the fire, payment shall
be made to the department for the minimum requirement of
one suitable bulldozer and five able-bodied persons, for the
duration of the fire; and
(d) If, after midnight of the day on which the fire
started, additional personnel and equipment are requested by
the department, the person, firm, or corporation shall supply
the personnel and equipment under contract, control, employment, or ownership outside the one-half mile radius, if reasonably available, but shall be reimbursed for such personnel
and equipment as provided in subsection (4) of this section.
(3) When a fire which occurred in the course of or as a
result of land clearing operations, right of way clearing, or
a landowner operation, which had previously been suppressed, rekindles, the person, firm, or corporation shall
supply the same personnel and equipment, under the same
conditions, as were required at the time of the original fire.
(4) Claims for reimbursement shall be submitted within
a reasonable time to the department which shall upon
verifying the amounts therein and the necessity thereof
authorize payment at such rates as established by the
department for wages and equipment rental. [1986 c 100 §
31.]
76.04.486 Escaped slash burns—Obligations. (1)
All personnel and equipment required by the burning permit
[Title 76 RCW—page 9]
76.04.486
Title 76 RCW: Forests and Forest Products
issued for a slash burn may be required by the department,
at the permittee’s expense, for suppression of a fire resulting
from the slash burn until the fire is declared out by the
department. In no case may the permittee provide less than
one suitable bulldozer and five persons capable of taking
suppression action. In addition, if a slash burn becomes an
uncontrolled fire the department may recover from the
landowner the actual costs incurred in suppressing the fire.
The amount collected from the landowner shall be limited to
and calculated at the rate of one dollar per acre for the
landowner’s total forest lands protected by the department,
up to a maximum charge of fifty thousand dollars per
escaped slash burn.
(2) The landowner contingency forest fire suppression
account shall be used to pay and the permittee shall not be
responsible for fire suppression expenditures greater than
fifty thousand dollars or the total amount calculated for
forest lands owned as determined in subsection (1) of this
section for each escaped slash burn.
(3) All expenses incurred in suppressing a fire resulting
from a slash burn in which negligence was involved shall be
the obligation of the landowner. [1986 c 100 § 32.]
76.04.495 Negligent starting of fires or allowance of
extreme fire hazard or debris—Liability—Recovery of
reasonable expenses—Lien. (1) Any person, firm, or
corporation: (a) Whose negligence is responsible for the
starting or existence of a fire which spreads on forest land;
or (b) who creates or allows an extreme fire hazard under
RCW 76.04.660 to exist and which hazard contributes to the
spread of a fire; or (c) who allows forest debris subject to
RCW 76.04.650 to exist and which debris contributes to the
spread of fire, shall be liable for any reasonable expenses
made necessary by (a), (b), or (c) of this subsection. The
state, a municipality, a forest protective association, or any
fire protection agency of the United States may recover such
reasonable expenses in fighting the fire, together with costs
of investigation and litigation including reasonable attorneys’
fees and taxable court costs, if the expense was authorized
or subsequently approved by the department. The authority
granted under this subsection allowing the recovery of
reasonable expenses incurred by fire protection agencies of
the United States shall apply only to such expenses incurred
after June 30, 1993.
(2) The department or agency incurring such expense
shall have a lien for the same against any property of the
person, firm, or corporation liable under subsection (1) of
this section by filing a claim of lien naming the person, firm,
or corporation, describing the property against which the lien
is claimed, specifying the amount expended on the lands on
which the fire fighting took place and the period during
which the expenses were incurred, and signing the claim
with post office address. No claim of lien is valid unless
filed, with the county auditor of the county in which the
property sought to be charged is located, within a period of
ninety days after the expenses of the claimant are incurred.
The lien may be foreclosed in the same manner as a
mechanic’s lien is foreclosed under the statutes of the state
of Washington. [1993 c 196 § 2; 1986 c 100 § 33.]
[Title 76 RCW—page 10]
ASSESSMENTS, OBLIGATIONS, FUNDS
76.04.600 Owners to protect forests. Every owner
of forest land in the state of Washington shall furnish or
provide, during the season of the year when there is danger
of forest fires, adequate protection against the spread of fire
thereon or therefrom which shall meet with the approval of
the department. [1986 c 100 § 34.]
76.04.610 Forest fire protection assessment. (1) If
any owner of forest land within a forest protection zone
neglects or fails to provide adequate fire protection as
required by RCW 76.04.600, the department shall provide
such protection and shall annually impose the following assessments on each parcel of such land: (a) A flat fee
assessment of fourteen dollars and fifty cents; and (b)
twenty-five cents on each acre exceeding fifty acres. Assessors may, at their option, collect the assessment on tax
exempt lands. If the assessor elects not to collect the
assessment, the department may bill the landowner directly.
(2) An owner who has paid assessments on two or more
parcels, each containing fewer than fifty acres and each
within the same county, may obtain the following refund:
(a) If all the parcels together contain less than fifty
acres, then the refund is equal to the flat fee assessments
paid, reduced by the total of (i) fourteen dollars and (ii) the
total of the amounts retained by the county from such
assessments under subsection (5) of this section.
(b) If all the parcels together contain fifty or more acres,
then the refund is equal to the flat fee assessments paid,
reduced by the total of (i) fourteen dollars, (ii) twenty-five
cents for each acre exceeding fifty acres, and (iii) the total
of the amounts retained by the county from such assessments
under subsection (5) of this section.
Applications for refunds shall be submitted to the
department on a form prescribed by the department and in
the same year in which the assessments were paid. The
department may not provide refunds to applicants who do
not provide verification that all assessments and property
taxes on the property have been paid. Applications may be
made by mail.
In addition to the procedures under this subsection,
property owners with multiple parcels in a single county who
qualify for a refund under this section may apply to the
department on an application listing all the parcels owned in
order to have the assessment computed on all parcels but
billed to a single parcel. Property owners with the following
number of parcels may apply to the department in the year
indicated:
Year
2002
2003
2004
2005
2006 and thereafter
Number of Parcels
10 or more parcels
8 or more parcels
6 or more parcels
4 or more parcels
2 or more parcels
The department must compute the correct assessment
and allocate one parcel in the county to use to collect the
assessment. The county must then bill the forest fire
protection assessment on that one allocated identified parcel.
(2002 Ed.)
Forest Protection
The landowner is responsible for notifying the department of
any changes in parcel ownership.
(3) Beginning January 1, 1991, under the administration
and at the discretion of the department up to two hundred
thousand dollars per year of this assessment shall be used in
support of those rural fire districts assisting the department
in fire protection services on forest lands.
(4) For the purpose of this chapter, the department may
divide the forest lands of the state, or any part thereof, into
districts, for fire protection and assessment purposes, may
classify lands according to the character of timber prevailing,
and the fire hazard existing, and place unprotected lands
under the administration of the proper district. Amounts
paid or contracted to be paid by the department for protection of forest lands from funds at its disposal shall be a lien
upon the property protected, unless reimbursed by the owner
within ten days after October 1st of the year in which they
were incurred. The department shall be prepared to make
statement thereof, upon request, to a forest owner whose
own protection has not been previously approved as to its
adequacy, the department shall report the same to the
assessor of the county in which the property is situated. The
assessor shall extend the amounts upon the tax rolls covering
the property, and upon authorization from the department
shall levy the forest protection assessment against the
amounts of unimproved land as shown in each ownership on
the county assessor’s records. The assessor may then
segregate on the records to provide that the improved land
and improvements thereon carry the millage levy designed
to support the rural fire protection districts as provided for
in RCW 52.16.170.
(5) The amounts assessed shall be collected at the time,
in the same manner, by the same procedure, and with the
same penalties attached that general state and county taxes
on the same property are collected, except that errors in
assessments may be corrected at any time by the department
certifying them to the treasurer of the county in which the
land involved is situated. Assessments shall be known and
designated as assessments of the year in which the amounts
became reimbursable. Upon the collection of assessments
the county treasurer shall place fifty cents of the total
assessments paid on a parcel for fire protection into the
county current expense fund to defray the costs of listing,
billing, and collecting these assessments. The treasurer shall
then transmit the balance to the department. Collections
shall be applied against expenses incurred in carrying out the
provisions of this section, including necessary and reasonable
administrative costs incurred by the department in the
enforcement of these provisions. The department may also
expend sums collected from owners of forest lands or
received from any other source for necessary administrative
costs in connection with the enforcement of RCW 76.04.660.
(6) When land against which forest protection assessments are outstanding is acquired for delinquent taxes and
sold at public auction, the state shall have a prior lien on the
proceeds of sale over and above the amount necessary to
satisfy the county’s delinquent tax judgment. The county
treasurer, in case the proceeds of sale exceed the amount of
the delinquent tax judgment, shall immediately remit to the
department the amount of the outstanding forest protection
assessments.
(2002 Ed.)
76.04.610
(7) All nonfederal public bodies owning or administering forest land included in a forest protection zone shall pay
the forest protection assessments provided in this section and
the special forest fire suppression account assessments under
RCW 76.04.630. The forest protection assessments and
special forest fire suppression account assessments shall be
payable by nonfederal public bodies from available funds
within thirty days following receipt of the written notice
from the department which is given after October 1st of the
year in which the protection was provided. Unpaid assessments are not a lien against the nonfederal publicly owned
land but shall constitute a debt by the nonfederal public body
to the department and are subject to interest charges at the
legal rate.
(8) A public body, having failed to previously pay the
forest protection assessments required of it by this section,
which fails to suppress a fire on or originating from forest
lands owned or administered by it, is liable for the costs of
suppression incurred by the department or its agent and is
not entitled to reimbursement of costs incurred by the public
body in the suppression activities.
(9) The department may adopt rules to implement this
section, including, but not limited to, rules on levying and
collecting forest protection assessments. [2001 c 279 § 2;
1993 c 36 § 1; 1989 c 362 § 1; 1988 c 273 § 3; 1986 c 100
§ 35.]
Effective date—1993 c 36: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 15, 1993]." [1993 c 36 § 3.]
76.04.620 State funds—Loans—Recovery of funds
from the landowner contingency forest fire suppression
account. Biennial general fund appropriations to the department of natural resources normally provide funds for the
purpose of paying the emergency fire costs and expenses
incurred and/or approved by the department in forest fire
suppression or in reacting to any potential forest fire situation. When a determination is made that the fire started in
the course of or as a result of a landowner operation,
moneys expended from such appropriations in the suppression of the fire shall be recovered from the landowner
contingency forest fire suppression account. The department
shall transmit to the state treasurer for deposit in the general
fund any such moneys which are later recovered. Moneys
recovered during the biennium in which they are expended
may be spent for purposes set forth in this section during the
same biennium, without reappropriation. Loans between the
general fund and the landowner contingency forest fire
suppression account are authorized for emergency fire
suppression. The loans shall not exceed the amount appropriated for emergency forest fire suppression costs and shall
bear interest at the then current rate of interest as determined
by the state treasurer. [1986 c 100 § 36.]
76.04.630 Landowner contingency forest fire
suppression account—Expenditures—Assessments. There
is created a landowner contingency forest fire suppression
account in the state treasury. Moneys in the account may be
spent only as provided in this section. Disbursements from
the account shall be on authorization of the commissioner of
public lands or the commissioner’s designee. The account
[Title 76 RCW—page 11]
76.04.630
Title 76 RCW: Forests and Forest Products
is subject to the allotment procedure provided under chapter
43.88 RCW, but no appropriation is required for disbursements.
The department may expend from this account the
amounts as may be available and as it considers appropriate
for the payment of emergency fire costs resulting from a
participating landowner fire. The department may, when
moneys are available from the landowner contingency forest
fire suppression account, expend moneys for summarily
abating, isolating, or reducing an extreme fire hazard under
RCW 76.04.660. All moneys recovered as a result of the
department’s actions, from the owner or person responsible,
under RCW 76.04.660 shall be deposited in the landowner
contingency forest fire suppression account.
When a determination is made that the fire was started
by other than a landowner operation, moneys expended from
this account in the suppression of such fire shall be recovered from the general fund appropriations as may be available for emergency fire suppression costs. The department
shall deposit in the landowner contingency forest fire
suppression account moneys paid out of the account which
are later recovered, less reasonable costs of recovery.
This account shall be established and renewed by an
annual special forest fire suppression account assessment
paid by participating landowners at a rate to be established
by the department. In establishing assessments, the department shall seek to establish and thereafter reestablish a
balance in the account of three million dollars. The department may establish a flat fee assessment of no more than
seven dollars and fifty cents for participating landowners
owning parcels of fifty acres or less. For participating
landowners owning parcels larger than fifty acres, the
department may charge the flat fee assessment plus a per
acre assessment for every acre over fifty acres. The per acre
assessment established by the department may not exceed
fifteen cents per acre per year. The assessments may differ
to equitably distribute the assessment based on emergency
fire suppression cost experience necessitated by landowner
operations. Amounts assessed for this account shall be a
lien upon the forest lands with respect to which the assessment is made and may be collected as directed by the
department in the same manner as forest protection assessments. Payment of emergency costs from this account shall
in no way restrict the right of the department to recover
costs pursuant to RCW 76.04.495 or other laws.
When the department determines that a forest fire was
started in the course of or as a result of a landowner operation, it shall notify the forest fire advisory board of the
determination. The determination shall be final, unless,
within ninety days of the notification, the forest fire advisory
board or an interested party serves a request for a hearing
before the department. The hearing shall constitute an
adjudicative proceeding under chapter 34.05 RCW, the
administrative procedure act, and an appeal shall be in
accordance with RCW 34.05.510 through 34.05.598. [1993
c 36 § 2; 1991 sp.s. c 13 § 31. Prior: 1989 c 362 § 2; 1989
c 175 § 162; 1986 c 100 § 37.]
Effective date—1993 c 36: See note following RCW 76.04.610.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1989 c 175: See note following RCW 34.05.010.
[Title 76 RCW—page 12]
HAZARD ABATEMENT
76.04.650 Disposal of forest debris—Permission to
allow trees to fall on another’s land. Everyone clearing
land or clearing right of way for railroad, public highway,
private road, ditch, dike, pipe or wire line, or for any other
transmission, or transportation utility right of way, shall pile
and burn or dispose of by other satisfactory means, all forest
debris cut thereon, as rapidly as the clearing or cutting
progresses, or at such other times as the department may
specify, and if during the closed season, in compliance with
the law requiring burning permits.
No person clearing any land or right of way, or in
cutting or logging timber for any purpose, may fell, or
permit to be felled, any trees so that they may fall onto land
owned by another without first obtaining permission from
the owner in addition to complying with the terms of this
section for the disposal of refuse. All the terms of this
section and other forest laws of the state shall be observed
in all clearings of right of way or other land on behalf of the
state itself or any county thereof, either directly or by
contract, and, unless unavoidable emergency prevents,
provision shall be made by all officials directing the work
for withholding a sufficient portion of the payment therefor
until the disposal is completed, to insure the completion of
the disposal in compliance with this section. [1986 c 100 §
38.]
76.04.660 Additional fire hazards—Extreme fire
hazard areas—Abatement, isolation or reduction—
Summary action—Recovery of costs. (1) The owner of
land which is an additional fire hazard and the person
responsible for the existence of an additional fire hazard
shall take reasonable measures to reduce the danger of fire
spreading from the area and may abate the hazard by
burning or other satisfactory means.
(2) The department shall adopt rules defining areas of
extreme fire hazard that the owner and person responsible
shall abate. The areas shall include but are not limited to
high risk areas such as where life or buildings may be
endangered, areas adjacent to public highways, and areas of
frequent public use.
(3) The department may adopt rules, after consultation
with the forest fire advisory board, defining other conditions
of extreme fire hazard with a high potential for fire spreading to lands in other ownerships. The department may
prescribe additional measures that shall be taken by the
owner and person responsible to isolate or reduce the
extreme fire hazard.
(4) The owner or person responsible for the existence of
the extreme fire hazard is required to abate, isolate, or
reduce the hazard. The duty to abate, isolate, or reduce, and
liability under this chapter, arise upon creation of the
extreme fire hazard. Liability shall include but not be
limited to all fire suppression expenses incurred by the
department, regardless of fire cause.
(5) If the owner or person responsible for the existence
of the extreme fire hazard or forest debris subject to RCW
76.04.650 refuses, neglects, or unsuccessfully attempts to
abate, isolate, or reduce the same, the department may
summarily abate, isolate, or reduce the hazard as required by
(2002 Ed.)
Forest Protection
this chapter and recover twice the actual cost thereof from
the owner or person responsible. Landowner contingency
forest fire suppression account moneys may be used by the
department, when available, for this purpose. Moneys
recovered by the department pursuant to this section shall be
returned to the landowner contingency forest fire suppression
account.
(6) Such costs shall include all salaries and expenses of
people and equipment incurred therein, including those of the
department. All such costs shall also be a lien upon the land
enforceable in the same manner with the same effect as a
mechanic’s lien.
(7) The summary action may be taken only after ten
days’ notice in writing has been given to the owner or
reputed owner of the land on which the extreme fire hazard
or forest debris subject to RCW 76.04.650 exists. The
notice shall include a suggested method of abatement and
estimated cost thereof. The notice shall be by personal
service or by registered or certified mail addressed to the
owner or reputed owner at the owner’s last known place of
residence. [1986 c 100 § 39.]
FIRE REGULATION
76.04.700 Failure to extinguish campfire. It is
unlawful for any person to start any fire upon any camping
ground and upon leaving the camping ground fail to extinguish the fire. [1986 c 100 § 40.]
76.04.710 Wilful setting of fire. It is unlawful for
any person to wilfully start a fire, whether on his or her land
or the land of another, whereby forest lands or the property
of another is endangered, under circumstances not amounting
to arson in either the first or second degree or reckless
burning in either the first or second degree. [1986 c 100 §
41.]
76.04.720 Removal of notices. It is unlawful for any
person to wilfully and without authorization deface or
remove any warning notice posted under the requirements of
this chapter. [1986 c 100 § 42.]
76.04.730 Negligent fire—Spread. It is unlawful for
any person to negligently allow fire originating on the
person’s own property to spread to the property of another.
[1986 c 100 § 43.]
76.04.740 Reckless burning. (1) It is unlawful to
knowingly cause a fire or explosion and thereby place forest
lands in danger of destruction or damage.
(2) This section does not apply to acts amounting to
reckless burning in the first degree under RCW 9A.48.040.
(3) Terms used in this section shall have the meanings
given to them in Title 9A RCW.
(4) A violation of this section shall be punished as a
gross misdemeanor under RCW 9A.20.021. [1986 c 100 §
44.]
76.04.750 Uncontrolled fire a public nuisance—
Suppression—Duties—Summary action—Recovery of
(2002 Ed.)
76.04.660
costs. Any fire on or threatening any forest land burning
uncontrolled and without proper action being taken to
prevent its spread, notwithstanding the origin of the fire, is
a public nuisance by reason of its menace to life and property. Any person engaged in any activity on such lands,
having knowledge of the fire, notwithstanding the origin or
subsequent spread thereof on his or her own or other forest
lands, and the landowner, shall make every reasonable effort
to suppress the fire. If the person has not suppressed the fire
and the fire is on or threatening forest land within a forest
protection zone, the department shall summarily suppress the
fire. If the owner, lessee, other possessor of such land, or an
agent or contractor of the owner, lessee, or possessor, having
knowledge of the fire, has not made a reasonable effort to
suppress the fire, the cost thereof may be recovered from the
owner, lessee, or other possessor of the land and the cost of
the work shall also constitute a lien upon the real property
or chattels under the person’s ownership. The lien may be
filed by the department in the office of the county auditor
and foreclosed in the same manner provided by law for the
foreclosure of mechanics’ liens. The prosecuting attorney
shall bring the action to recover the cost or foreclose the
lien, upon the request of the department. In the absence of
negligence, no costs, other than those provided in RCW
76.04.475, shall be recovered from any landowner for lands
subject to the forest protection assessment with respect to the
land on which the fire burns.
When a fire occurs in a land clearing, right of way
clearing, or landowner operation it shall be fought to the full
limit of the available employees and equipment, and the fire
fighting shall be continued with the necessary crews and
equipment in such numbers as are, in the opinion of the
department, sufficient to suppress the fire. The fire shall not
be left without a fire fighting crew or fire patrol until
authority has been granted in writing by the department.
[1988 c 273 § 4; 1986 c 100 § 45.]
76.04.900 Captions—1986 c 100. As used in this act
subchapter and section captions constitute no part of the law.
[1986 c 100 § 60.]
Chapter 76.06
FOREST INSECT AND DISEASE CONTROL
Sections
76.06.010
76.06.020
76.06.030
76.06.040
76.06.050
76.06.060
76.06.070
76.06.080
76.06.090
76.06.110
Forest insects and tree diseases are public nuisance.
Definitions.
Administration.
Owner must control pests and diseases.
Infestation control district—Creation—Notice to owners.
Department to control pests and diseases if owner fails.
Lien for costs of control—Collection.
Owner complying with notice is exempt.
Dissolution of infestation control district.
Deposit of moneys in general fund—Allotment as unanticipated receipts.
76.06.010 Forest insects and tree diseases are public
nuisance. Forest insects and forest tree diseases which
threaten the permanent timber production of the forest areas
of the state of Washington are hereby declared to be a public
nuisance. [1951 c 233 § 1.]
[Title 76 RCW—page 13]
76.06.020
Title 76 RCW: Forests and Forest Products
76.06.020 Definitions. As used in this chapter:
(1) "Agent" means the recognized legal representative,
representatives, agent, or agents for any owner;
(2) "Department" means the department of natural
resources;
(3) "Owner" means and includes individuals, partnerships, corporations, and associations;
(4) "Timber land" means any land on which there is a
sufficient number of trees, standing or down, to constitute,
in the judgment of the department, a forest insect or forest
disease breeding ground of a nature to constitute a menace,
injurious and dangerous to permanent forest growth in the
district under consideration. [2000 c 11 § 2; 1988 c 128 §
15; 1951 c 233 § 2.]
76.06.030 Administration. This chapter shall be
administered by the department. [1988 c 128 § 16; 1951 c
233 § 3.]
76.06.040 Owner must control pests and diseases.
Every owner of timber lands, or his agent, shall make every
reasonable effort to control, destroy and eradicate such forest
insect pests and forest tree diseases which threaten the existence of any stand of timber or provide for the same to be
done on timber lands owned by him or under his control. In
the event he fails, neglects, or is unable to accomplish such
control, the action may be performed as provided for in this
chapter. [1951 c 233 § 4.]
76.06.050 Infestation control district—Creation—
Notice to owners. Whenever the department finds timber
lands threatened by infestations of forest insects or forest
tree diseases, and if it finds that such infestation is of such
character as to threaten destruction of timber stands, the
department shall declare and certify an infestation control
district and fix and declare the boundaries thereof, so as to
definitely describe such district. Said district may include
timber lands threatened by the infestation as well as those
timber lands already infested.
Thereafter the department shall at once serve written
notice to all owners of timber lands or their agents within
the said district to proceed under the provisions of this
chapter without delay to control, destroy and eradicate the
said forest insect pests or forest tree diseases as provided
herein. The said notice may be made by personal service, or
by mail addressed to the last known place or address of such
owner or agent. Said notice shall list and describe the
method or methods of action that will be acceptable to the
department if the owner or agent elects to control, destroy
and eradicate said insects or diseases on his own property.
Said notice when published for five consecutive days in
at least one daily newspaper or in two consecutive issues of
a weekly newspaper, either paper having a general circulation in said district will serve as the written notice to owners
of noncommercial timber lands. [1988 c 128 § 17; 1961 c
72 § 1; 1951 c 233 § 5.]
76.06.060 Department to control pests and diseases
if owner fails. If the owner or agent so notified shall fail,
refuse, neglect or is unable to comply with the requirements
of said notice, within a period of thirty days after the date
[Title 76 RCW—page 14]
thereof, it shall be the duty of the department or its agents,
using such funds as have been, or hereafter may be, made
available to proceed with the control, eradication and
destruction of such forest pests or forest tree diseases with
or without the cooperation of the owner involved in a
manner approved by the department. [1988 c 128 § 18;
1951 c 233 § 6.]
76.06.070 Lien for costs of control—Collection.
Upon the completion of the work directed, authorized and
performed under the provisions of this chapter, the department shall prepare a verified statement of the expenses
necessarily incurred in performing the work of controlling,
eradicating and destroying said forest insects or forest tree
diseases. The balance of such expenses after deducting such
amounts as may be contributed to the control costs by the
state, by the federal government, or by any other agencies,
companies, corporations or individuals, shall be a lien to be
prorated per acre upon the property, or properties involved:
PROVIDED, That the amount of said lien shall not exceed
twenty-five percent of the total costs incurred on such
owner’s lands including necessary buffer strips. Said lien
shall be reported by the department to the county assessor of
the county in which said lands are situated, and shall be
levied and collected with the next taxes on such lands in the
same manner and with the same interest, penalty and cost
charges as apply to ad valorem property taxes in this state:
PROVIDED FURTHER, Such report and levy shall be made
only on commercial timber lands. The assessor shall extend
the amounts on the assessment roll in a separate column, and
the procedure provided by law for the collection of taxes and
delinquent taxes shall be applicable thereto, and, upon the
collection thereof, the county treasurer shall repay the same
to the department to be applied to the expenses incurred in
carrying out the provisions of this chapter. [1988 c 128 §
19; 1951 c 233 § 7.]
76.06.080 Owner complying with notice is exempt.
Every owner, and all owners or representatives, who upon
receiving notice as provided in RCW 76.06.050, shall
proceed and continue in good faith to control, eradicate and
destroy said forest insects and forest tree diseases in accordance with standards established by the department shall be
exempt from the provisions hereof as to the lands upon
which he or they are so proceeding. [1988 c 128 § 20; 1951
c 233 § 11.]
76.06.090 Dissolution of infestation control district.
Whenever the department shall determine that insect control
work within the designated district of infestation is no longer
necessary or feasible, the department may dissolve said
district. [1988 c 128 § 21; 1951 c 233 § 12.]
76.06.110 Deposit of moneys in general fund—
Allotment as unanticipated receipts. All moneys collected
under the provisions of RCW 76.06.070, together with such
moneys as may be contributed by the federal government or
by any owner or agent, shall be deposited in the state general
fund for the purposes of this chapter.
Any additional revenue earmarked for the purposes of
this chapter which was not anticipated in the budget adopted
(2002 Ed.)
Forest Insect and Disease Control
by the legislature may be deposited in the general fund and
allotted as unanticipated receipts pursuant to RCW 43.79.270
through 43.79.282 as now existing or hereafter amended.
[1979 ex.s. c 67 § 12; 1951 c 233 § 9.]
Effective date—1979 ex.s. c 67: "Sections 12, 13, and 19 of this
1979 act shall take effect on July 1, 1981." [1979 ex.s. c 67 § 21.]
Severability—1979 ex.s. c 67: See note following RCW 19.28.351.
Chapter 76.09
FOREST PRACTICES
Sections
76.09.010
76.09.020
76.09.030
76.09.040
76.09.050
76.09.055
76.09.060
76.09.063
76.09.065
76.09.067
76.09.070
76.09.080
76.09.090
76.09.100
76.09.110
76.09.120
76.09.130
76.09.140
76.09.150
76.09.160
76.09.170
76.09.180
76.09.190
76.09.210
76.09.220
76.09.230
76.09.240
76.09.250
76.09.260
76.09.270
76.09.280
76.09.285
76.09.290
(2002 Ed.)
Legislative finding and declaration.
Definitions.
Forest practices board—Created—Membership—Terms—
Vacancies—Meetings—Compensation, travel expenses—Staff.
Forest practices rules—Adoption—Review of proposed
rules—Hearings—Riparian open space program.
Rules establishing classes of forest practices—Applications
for classes of forest practices—Approval or disapproval—Notifications—Procedures—Appeals—Waiver.
Findings—Emergency rule making authorized.
Applications for forest practices—Form—Contents—
Conversion of forest land to other use—Six-year moratorium—New applications—Approval—Emergencies.
Forest practices permit—Habitat incentives agreement.
Forest practices application or notification—Fee.
Application for forest practices—Owner of perpetual timber
rights.
Reforestation—Requirements—Procedures—Notification on
sale or transfer.
Stop work orders—Grounds—Contents—Procedure—
Appeals.
Notice of failure to comply—Contents—Procedures—
Appeals—Hearing—Final order—Limitations on actions.
Failure to comply with water quality protection—
Department of ecology authorized to petition appeals
board—Action on petition.
Final orders or final decisions binding upon all parties.
Failure of owner to take required course of action—Notice
of cost—Department authorized to complete course of
action—Liability of owner for costs—Lien.
Failure to obey stop work order—Departmental action authorized—Liability of owner or operator for costs.
Enforcement.
Inspection—Right of entry.
Right of entry by department of ecology.
Violations—Conversion to nontimber operation—Penalties—
Remission or mitigation—Appeals—Lien.
Disposition of moneys received as penalties, reimbursement
for damages.
Additional penalty, gross misdemeanor.
Forest practices appeals board—Created—Membership—
Terms—Vacancies—Removal.
Forest practices appeals board—Compensation—Travel expenses—Chair—Office—Quorum—Powers and duties—
Jurisdiction—Review.
Forest practices appeals board—Mediation—Appeal procedure—Judicial review.
Class IV forest practices—Counties and cities adopt standards—Administration and enforcement of regulations—
Restrictions upon local political subdivisions or regional
entities—Exceptions and limitations.
Policy for continuing program of orientation and training.
Department to represent state’s interest—Cooperation with
other public agencies—Grants and gifts.
Annual determination of state’s research needs—
Recommendations.
Removal of log and debris jams from streams.
Water quality standards affected by forest practices.
Inspection of lands—Reforestation.
76.06.110
76.09.300
Mass earth movements and fluvial processes—Program to
correct hazardous conditions on sites associated with
roads and railroad grades—Hazard-reduction plans.
76.09.305 Advisory committee to review hazard-reduction plans authorized—Compensation, travel expenses.
76.09.310 Hazard-reduction program—Notice to landowners within
areas selected for review—Proposed plans—Objections
to plan, procedure—Final plans—Appeal.
76.09.315 Implementation of hazard-reduction measures—Election—
Notice and application for cost-sharing funds—
Inspection—Letter of compliance—Limitations on liability.
76.09.320 Implementation of hazard-reduction program—Cost sharing
by department—Limitations.
76.09.330 Legislative findings—Liability from naturally falling trees
required to be left standing.
76.09.340 Certain forest practices exempt from rules and policies under
this chapter.
76.09.350 Long-term multispecies landscape management plans—Pilot
projects, selection—Plan approval, elements—Notice of
agreement recorded—Memorandums of agreements—
Report, evaluation.
76.09.360 Single multiyear permit.
76.09.368 Intent—Small forest landowners—Alternate plan processes/alternate harvest restrictions—Report to the legislature.
76.09.370 Findings—Forests and fish report—Adoption of rules.
76.09.380 Report to the legislature—Emergency rules—Permanent
rules.
76.09.390 Sale of land or timber rights with continuing obligations—
Notice—Failure to notify.
76.09.400 Forests and fish account—Created.
76.09.900 Short title.
76.09.905 Air pollution laws not modified.
76.09.910 Shoreline management act, hydraulics act, other statutes and
ordinances not modified—Exceptions.
76.09.915 Repeal and savings.
76.09.920 Application for extension of prior permits.
76.09.925 Effective dates—1974 ex.s. c 137.
76.09.935 Severability—1974 ex.s. c 137.
Chapter 76.09 RCW to be used to satisfy federal water pollution act
requirements: RCW 90.48.425.
76.09.010 Legislative finding and declaration. (1)
The legislature hereby finds and declares that the forest land
resources are among the most valuable of all resources in the
state; that a viable forest products industry is of prime
importance to the state’s economy; that it is in the public
interest for public and private commercial forest lands to be
managed consistent with sound policies of natural resource
protection; that coincident with maintenance of a viable
forest products industry, it is important to afford protection
to forest soils, fisheries, wildlife, water quantity and quality,
air quality, recreation, and scenic beauty.
(2) The legislature further finds and declares it to be in
the public interest of this state to create and maintain
through the adoption of this chapter a comprehensive
statewide system of laws and forest practices rules which
will achieve the following purposes and policies:
(a) Afford protection to, promote, foster and encourage
timber growth, and require such minimum reforestation of
commercial tree species on forest lands as will reasonably
utilize the timber growing capacity of the soil following
current timber harvest;
(b) Afford protection to forest soils and public resources
by utilizing all reasonable methods of technology in conducting forest practices;
(c) Recognize both the public and private interest in the
profitable growing and harvesting of timber;
[Title 76 RCW—page 15]
76.09.010
Title 76 RCW: Forests and Forest Products
(d) Promote efficiency by permitting maximum operating freedom consistent with the other purposes and policies
stated herein;
(e) Provide for regulation of forest practices so as to
avoid unnecessary duplication in such rules;
(f) Provide for interagency input and intergovernmental
and tribal coordination and cooperation;
(g) Achieve compliance with all applicable requirements
of federal and state law with respect to nonpoint sources of
water pollution from forest practices;
(h) To consider reasonable land use planning goals and
concepts contained in local comprehensive plans and zoning
regulations;
(i) Foster cooperation among managers of public
resources, forest landowners, Indian tribes and the citizens of
the state; and
(j) Develop a watershed analysis system that addresses
the cumulative effect of forest practices on, at a minimum,
the public resources of fish, water, and public capital
improvements of the state and its political subdivisions.
(3) The legislature further finds and declares that it is
also in the public interest of the state to encourage forest
landowners to undertake corrective and remedial action to
reduce the impact of mass earth movements and fluvial processes.
(4) The legislature further finds and declares that it is in
the public interest that the applicants for state forest practices
permits should assist in paying for the cost of review and
permitting necessary for the environmental protection of
these resources. [1999 sp.s. c 4 § 901; 1993 c 443 § 1;
1987 c 95 § 1; 1974 ex.s. c 137 § 1.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1993 c 443: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 15, 1993]." [1993 c 443 § 6.]
76.09.020 Definitions. For purposes of this chapter:
(1) "Adaptive management" means reliance on scientific
methods to test the results of actions taken so that the
management and related policy can be changed promptly and
appropriately.
(2) "Appeals board" means the forest practices appeals
board created by RCW 76.09.210.
(3) "Aquatic resources" includes water quality, salmon,
other species of the vertebrate classes Cephalaspidomorphi
and Osteichthyes identified in the forests and fish report, the
Columbia torrent salamander (Rhyacotriton kezeri), the
Cascade torrent salamander (Rhyacotriton cascadae), the
Olympic torrent salamander (Rhyacotriton olympian), the
Dunn’s salamander (Plethodon dunni), the Van Dyke’s
salamander (Plethodon vandyke), the tailed frog (Ascaphus
truei), and their respective habitats.
(4) "Commissioner" means the commissioner of public
lands.
(5) "Contiguous" means land adjoining or touching by
common corner or otherwise. Land having common
ownership divided by a road or other right of way shall be
considered contiguous.
(6) "Conversion to a use other than commercial timber
operation" means a bona fide conversion to an active use
[Title 76 RCW—page 16]
which is incompatible with timber growing and as may be
defined by forest practices rules.
(7) "Department" means the department of natural
resources.
(8) "Forest land" means all land which is capable of
supporting a merchantable stand of timber and is not being
actively used for a use which is incompatible with timber
growing. Forest land does not include agricultural land that
is or was enrolled in the conservation reserve enhancement
program by contract if such agricultural land was historically
used for agricultural purposes and the landowner intends to
continue to use the land for agricultural purposes in the
future.
(9) "Forest landowner" means any person in actual
control of forest land, whether such control is based either
on legal or equitable title, or on any other interest entitling
the holder to sell or otherwise dispose of any or all of the
timber on such land in any manner: PROVIDED, That any
lessee or other person in possession of forest land without
legal or equitable title to such land shall be excluded from
the definition of "forest landowner" unless such lessee or
other person has the right to sell or otherwise dispose of any
or all of the timber located on such forest land.
(10) "Forest practice" means any activity conducted on
or directly pertaining to forest land and relating to growing,
harvesting, or processing timber, including but not limited to:
(a) Road and trail construction;
(b) Harvesting, final and intermediate;
(c) Precommercial thinning;
(d) Reforestation;
(e) Fertilization;
(f) Prevention and suppression of diseases and insects;
(g) Salvage of trees; and
(h) Brush control.
"Forest practice" shall not include preparatory work such as
tree marking, surveying and road flagging, and removal or
harvesting of incidental vegetation from forest lands such as
berries, ferns, greenery, mistletoe, herbs, mushrooms, and
other products which cannot normally be expected to result
in damage to forest soils, timber, or public resources.
(11) "Forest practices rules" means any rules adopted
pursuant to RCW 76.09.040.
(12) "Forest trees" does not include hardwood trees
cultivated by agricultural methods in growing cycles shorter
than fifteen years if the trees were planted on land that was
not in forest use immediately before the trees were planted
and before the land was prepared for planting the trees.
"Forest trees" includes Christmas trees, but does not include
Christmas trees that are cultivated by agricultural methods,
as that term is defined in RCW 84.33.035.
(13) "Forests and fish report" means the forests and fish
report to the board dated April 29, 1999.
(14) "Application" means the application required
pursuant to RCW 76.09.050.
(15) "Operator" means any person engaging in forest
practices except an employee with wages as his or her sole
compensation.
(16) "Person" means any individual, partnership, private,
public, or municipal corporation, county, the department or
other state or local governmental entity, or association of
individuals of whatever nature.
(2002 Ed.)
Forest Practices
(17) "Public resources" means water, fish and wildlife,
and in addition shall mean capital improvements of the state
or its political subdivisions.
(18) "Timber" means forest trees, standing or down, of
a commercial species, including Christmas trees. However,
"timber" does not include Christmas trees that are cultivated
by agricultural methods, as that term is defined in RCW
84.33.035.
(19) "Timber owner" means any person having all or
any part of the legal interest in timber. Where such timber
is subject to a contract of sale, "timber owner" shall mean
the contract purchaser.
(20) "Board" means the forest practices board created in
RCW 76.09.030.
(21) "Unconfined avulsing channel migration zone"
means the area within which the active channel of an
unconfined avulsing stream is prone to move and where the
movement would result in a potential near-term loss of
riparian forest adjacent to the stream. Sizeable islands with
productive timber may exist within the zone.
(22) "Unconfined avulsing stream" means generally fifth
order or larger waters that experience abrupt shifts in
channel location, creating a complex flood plain characterized by extensive gravel bars, disturbance species of vegetation of variable age, numerous side channels, wall-based
channels, oxbow lakes, and wetland complexes. Many of
these streams have dikes and levees that may temporarily or
permanently restrict channel movement. [2002 c 17 § 1.
Prior: 2001 c 102 § 1; 2001 c 97 § 2; 1999 sp.s. c 4 § 301;
1974 ex.s. c 137 § 2.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.030 Forest practices board—Created—
Membership—Terms—Vacancies—Meetings—
Compensation, travel expenses—Staff. (1) There is hereby
created the forest practices board of the state of Washington
as an agency of state government consisting of members as
follows:
(a) The commissioner of public lands or the
commissioner’s designee;
(b) The director of the department of community, trade,
and economic development or the director’s designee;
(c) The director of the department of agriculture or the
director’s designee;
(d) The director of the department of ecology or the
director’s designee;
(e) The director of the department of fish and wildlife
or the director’s designee;
(f) An elected member of a county legislative authority
appointed by the governor: PROVIDED, That such
member’s service on the board shall be conditioned on the
member’s continued service as an elected county official;
and
(g) Six members of the general public appointed by the
governor, one of whom shall be an owner of not more than
five hundred acres of forest land, and one of whom shall be
an independent logging contractor.
(2) The director of the department of fish and wildlife’s
service on the board may be terminated two years after
August 18, 1999, if the legislature finds that after two years
the department has not made substantial progress toward
(2002 Ed.)
76.09.020
integrating the laws, rules, and programs governing forest
practices, chapter 76.09 RCW, and the laws, rules, and
programs governing hydraulic projects, *chapter 75.20 RCW.
Such a finding shall be based solely on whether the department of fish and wildlife makes substantial progress as
defined in this subsection, and will not be based on other
actions taken as a member of the board. Substantial progress shall include recommendations to the legislature for
closer integration of the existing rule-making authorities of
the board and the department of fish and wildlife, and closer
integration of the forest practices and hydraulics permitting
processes, including exploring the potential for a consolidated permitting process. These recommendations shall be
designed to resolve problems currently associated with the
existing dual regulatory and permitting processes.
(3) The members of the initial board appointed by the
governor shall be appointed so that the term of one member
shall expire December 31, 1975, the term of one member
shall expire December 31, 1976, the term of one member
shall expire December 31, 1977, the terms of two members
shall expire December 31, 1978, and the terms of two
members shall expire December 31, 1979. Thereafter, each
member shall be appointed for a term of four years.
Vacancies on the board shall be filled in the same manner as
the original appointments. Each member of the board shall
continue in office until his or her successor is appointed and
qualified. The commissioner of public lands or the
commissioner’s designee shall be the chairman of the board.
(4) The board shall meet at such times and places as
shall be designated by the chairman or upon the written
request of the majority of the board. The principal office of
the board shall be at the state capital.
(5) Members of the board, except public employees and
elected officials, shall be compensated in accordance with
RCW 43.03.250. Each member shall be entitled to reimbursement for travel expenses incurred in the performance of
their duties as provided in RCW 43.03.050 and 43.03.060.
(6) The board may employ such clerical help and staff
pursuant to chapter 41.06 RCW as is necessary to carry out
its duties. [1999 sp.s. c 4 § 1001; 1995 c 399 § 207; 1993
c 257 § 1; 1987 c 330 § 1301; 1985 c 466 § 70; 1984 c 287
§ 108; 1975-’76 2nd ex.s. c 34 § 173; 1975 1st ex.s. c 200
§ 1; 1974 ex.s. c 137 § 3.]
*Reviser’s note: Chapter 75.20 RCW was recodified as chapter 77.55
RCW by 2000 c 107. See Comparative Table for that chapter in the Table
of Disposition of Former RCW Sections, Volume 0.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
76.09.040 Forest practices rules—Adoption—
Review of proposed rules—Hearings—Riparian open
space program. (1) Where necessary to accomplish the
purposes and policies stated in RCW 76.09.010, and to
implement the provisions of this chapter, the board shall
[Title 76 RCW—page 17]
76.09.040
Title 76 RCW: Forests and Forest Products
adopt forest practices rules pursuant to chapter 34.05 RCW
and in accordance with the procedures enumerated in this
section that:
(a) Establish minimum standards for forest practices;
(b) Provide procedures for the voluntary development of
resource management plans which may be adopted as an
alternative to the minimum standards in (a) of this subsection
if the plan is consistent with the purposes and policies stated
in RCW 76.09.010 and the plan meets or exceeds the objectives of the minimum standards;
(c) Set forth necessary administrative provisions;
(d) Establish procedures for the collection and administration of forest practice fees as set forth by this chapter; and
(e) Allow for the development of watershed analyses.
Forest practices rules pertaining to water quality
protection shall be adopted by the board after reaching
agreement with the director of the department of ecology or
the director’s designee on the board with respect thereto.
All other forest practices rules shall be adopted by the board.
Forest practices rules shall be administered and enforced
by either the department or the local governmental entity as
provided in this chapter. Such rules shall be adopted and
administered so as to give consideration to all purposes and
policies set forth in RCW 76.09.010.
(2) The board shall prepare proposed forest practices
rules. In addition to any forest practices rules relating to
water quality protection proposed by the board, the department of ecology may submit to the board proposed forest
practices rules relating to water quality protection.
Prior to initiating the rule making process, the proposed
rules shall be submitted for review and comments to the
department of fish and wildlife and to the counties of the
state. After receipt of the proposed forest practices rules, the
department of fish and wildlife and the counties of the state
shall have thirty days in which to review and submit
comments to the board, and to the department of ecology
with respect to its proposed rules relating to water quality
protection. After the expiration of such thirty day period the
board and the department of ecology shall jointly hold one
or more hearings on the proposed rules pursuant to chapter
34.05 RCW. At such hearing(s) any county may propose
specific forest practices rules relating to problems existing
within such county. The board may adopt and the department of ecology may approve such proposals if they find the
proposals are consistent with the purposes and policies of
this chapter.
(3) The board shall establish by rule a riparian open
space program that includes acquisition of a fee interest in,
or at the landowner’s option, a conservation easement on
lands within unconfined avulsing channel migration zones.
Once acquired, these lands may be held and managed by the
department, transferred to another state agency, transferred
to an appropriate local government agency, or transferred to
a private nonprofit nature conservancy corporation, as
defined in RCW 64.04.130, in fee or transfer of management
obligation. The board shall adopt rules governing the
acquisition by the state or donation to the state of such interest in lands including the right of refusal if the lands are
subject to unacceptable liabilities. The rules shall include
definitions of qualifying lands, priorities for acquisition, and
provide for the opportunity to transfer such lands with
limited warranties and with a description of boundaries that
[Title 76 RCW—page 18]
does not require full surveys where the cost of securing the
surveys would be unreasonable in relation to the value of the
lands conveyed. The rules shall provide for the management
of the lands for ecological protection or fisheries enhancement. Because there are few, if any, comparable sales of
forest land within unconfined avulsing channel migration
zones, separate from the other lands or assets, these lands
are likely to be extraordinarily difficult to appraise and the
cost of a conventional appraisal often would be unreasonable
in relation to the value of the land involved. Therefore, for
the purposes of voluntary sales under this section, the
legislature declares that these lands are presumed to have a
value equal to: (a) The acreage in the sale multiplied by the
average value of commercial forest land in the region under
the land value tables used for property tax purposes under
*RCW 84.33.120; plus (b) the cruised volume of any timber
located within the channel migration multiplied by the
appropriate quality code stumpage value for timber of the
same species shown on the appropriate table used for timber
harvest excise tax purposes under RCW 84.33.091. For
purposes of this section, there shall be an eastside region and
a westside region as defined in the forests and fish report as
defined in RCW 76.09.020.
(4) Subject to appropriations sufficient to cover the cost
of such an acquisition program and the related costs of
administering the program, the department is directed to
purchase a fee interest or, at the owner’s option, a conservation easement in land that an owner tenders for purchase;
provided that such lands have been taxed as forest lands and
are located within an unconfined avulsing channel migration
zone. Lands acquired under this section shall become
riparian open space. These acquisitions shall not be deemed
to trigger the compensating tax of chapters 84.33 and 84.34
RCW.
(5) Instead of offering to sell interests in qualifying
lands, owners may elect to donate the interests to the state.
(6) Any acquired interest in qualifying lands by the state
under this section shall be managed as riparian open space.
[2000 c 11 § 3; 1999 sp.s. c 4 § 701; 1997 c 173 § 1; 1994
c 264 § 48; 1993 c 443 § 2; 1988 c 36 § 46; 1987 c 95 § 8;
1974 ex.s. c 137 § 4.]
*Reviser’s note: RCW 84.33.120 was amended by 2001 c 305 § 1
and by 2001 c 185 § 3 and also repealed by 2001 c 249 § 16.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1993 c 443: See note following RCW 76.09.010.
76.09.050 Rules establishing classes of forest
practices—Applications for classes of forest practices—
Approval or disapproval—Notifications—Procedures—
Appeals—Waiver. (1) The board shall establish by rule
which forest practices shall be included within each of the
following classes:
Class I: Minimal or specific forest practices that have
no direct potential for damaging a public resource and that
may be conducted without submitting an application or a
notification except that when the regulating authority is
transferred to a local governmental entity, those Class I
forest practices that involve timber harvesting or road
construction within "urban growth areas," designated
pursuant to chapter 36.70A RCW, are processed as Class IV
(2002 Ed.)
Forest Practices
forest practices, but are not subject to environmental review
under chapter 43.21C RCW;
Class II: Forest practices which have a less than
ordinary potential for damaging a public resource that may
be conducted without submitting an application and may
begin five calendar days, or such lesser time as the department may determine, after written notification by the
operator, in the manner, content, and form as prescribed by
the department, is received by the department. However, the
work may not begin until all forest practice fees required
under RCW 76.09.065 have been received by the department. Class II shall not include forest practices:
(a) On lands platted after January 1, 1960, as provided
in chapter 58.17 RCW or on lands that have or are being
converted to another use;
(b) Which require approvals under the provisions of the
hydraulics act, RCW 77.55.100;
(c) Within "shorelines of the state" as defined in RCW
90.58.030;
(d) Excluded from Class II by the board; or
(e) Including timber harvesting or road construction
within "urban growth areas," designated pursuant to chapter
36.70A RCW, which are Class IV;
Class III: Forest practices other than those contained in
Class I, II, or IV. A Class III application must be approved
or disapproved by the department within thirty calendar days
from the date the department receives the application.
However, the applicant may not begin work on that forest
practice until all forest practice fees required under RCW
76.09.065 have been received by the department;
Class IV: Forest practices other than those contained in
Class I or II: (a) On lands platted after January 1, 1960, as
provided in chapter 58.17 RCW, (b) on lands that have or
are being converted to another use, (c) on lands which,
pursuant to RCW 76.09.070 as now or hereafter amended,
are not to be reforested because of the likelihood of future
conversion to urban development, (d) involving timber
harvesting or road construction on lands that are contained
within "urban growth areas," designated pursuant to chapter
36.70A RCW, except where the forest landowner provides:
(i) A written statement of intent signed by the forest landowner not to convert to a use other than commercial forest
product operations for ten years, accompanied by either a
written forest management plan acceptable to the department
or documentation that the land is enrolled under the provisions of chapter 84.33 RCW; or (ii) a conversion option
harvest plan approved by the local governmental entity and
submitted to the department as part of the application, and/or
(e) which have a potential for a substantial impact on the
environment and therefore require an evaluation by the
department as to whether or not a detailed statement must be
prepared pursuant to the state environmental policy act,
chapter 43.21C RCW. Such evaluation shall be made within
ten days from the date the department receives the application: PROVIDED, That nothing herein shall be construed to
prevent any local or regional governmental entity from
determining that a detailed statement must be prepared for an
action pursuant to a Class IV forest practice taken by that
governmental entity concerning the land on which forest
practices will be conducted. A Class IV application must be
approved or disapproved by the department within thirty
calendar days from the date the department receives the
(2002 Ed.)
76.09.050
application, unless the department determines that a detailed
statement must be made, in which case the application must
be approved or disapproved by the department within sixty
calendar days from the date the department receives the
application, unless the commissioner of public lands, through
the promulgation of a formal order, determines that the
process cannot be completed within such period. However,
the applicant may not begin work on that forest practice until
all forest practice fees required under RCW 76.09.065 have
been received by the department.
Forest practices under Classes I, II, and III are exempt
from the requirements for preparation of a detailed statement
under the state environmental policy act.
(2) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, no Class II, Class III, or Class IV forest practice
shall be commenced or continued after January 1, 1975,
unless the department has received a notification with regard
to a Class II forest practice or approved an application with
regard to a Class III or Class IV forest practice containing
all information required by RCW 76.09.060 as now or
hereafter amended. However, in the event forest practices
regulations necessary for the scheduled implementation of
this chapter and RCW 90.48.420 have not been adopted in
time to meet such schedules, the department shall have the
authority to regulate forest practices and approve applications
on such terms and conditions consistent with this chapter and
RCW 90.48.420 and the purposes and policies of RCW
76.09.010 until applicable forest practices regulations are in
effect.
(3) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, if a notification or application is delivered in person
to the department by the operator or the operator’s agent, the
department shall immediately provide a dated receipt thereof.
In all other cases, the department shall immediately mail a
dated receipt to the operator.
(4) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, forest practices shall be conducted in accordance
with the forest practices regulations, orders and directives as
authorized by this chapter or the forest practices regulations,
and the terms and conditions of any approved applications.
(5) Except for those forest practices being regulated by
local governmental entities as provided elsewhere in this
chapter, the department of natural resources shall notify the
applicant in writing of either its approval of the application
or its disapproval of the application and the specific manner
in which the application fails to comply with the provisions
of this section or with the forest practices regulations.
Except as provided otherwise in this section, if the department fails to either approve or disapprove an application or
any portion thereof within the applicable time limit, the
application shall be deemed approved and the operation may
be commenced: PROVIDED, That this provision shall not
apply to applications which are neither approved nor
disapproved pursuant to the provisions of subsection (7) of
this section: PROVIDED, FURTHER, That if seasonal field
conditions prevent the department from being able to
properly evaluate the application, the department may issue
an approval conditional upon further review within sixty
days: PROVIDED, FURTHER, That the department shall
[Title 76 RCW—page 19]
76.09.050
Title 76 RCW: Forests and Forest Products
have until April 1, 1975, to approve or disapprove an
application involving forest practices allowed to continue to
April 1, 1975, under the provisions of subsection (2) of this
section. Upon receipt of any notification or any satisfactorily completed application the department shall in any event
no later than two business days after such receipt transmit a
copy to the departments of ecology and fish and wildlife,
and to the county, city, or town in whose jurisdiction the
forest practice is to be commenced. Any comments by such
agencies shall be directed to the department of natural
resources.
(6) For those forest practices regulated by the board and
the department, if the county, city, or town believes that an
application is inconsistent with this chapter, the forest
practices regulations, or any local authority consistent with
RCW 76.09.240 as now or hereafter amended, it may so
notify the department and the applicant, specifying its
objections.
(7) For those forest practices regulated by the board and
the department, the department shall not approve portions of
applications to which a county, city, or town objects if:
(a) The department receives written notice from the
county, city, or town of such objections within fourteen
business days from the time of transmittal of the application
to the county, city, or town, or one day before the department acts on the application, whichever is later; and
(b) The objections relate to lands either:
(i) Platted after January 1, 1960, as provided in chapter
58.17 RCW; or
(ii) On lands that have or are being converted to another
use.
The department shall either disapprove those portions of
such application or appeal the county, city, or town objections to the appeals board. If the objections related to
subparagraphs (b)(i) and (ii) of this subsection are based on
local authority consistent with RCW 76.09.240 as now or
hereafter amended, the department shall disapprove the
application until such time as the county, city, or town
consents to its approval or such disapproval is reversed on
appeal. The applicant shall be a party to all department
appeals of county, city, or town objections. Unless the
county, city, or town either consents or has waived its rights
under this subsection, the department shall not approve
portions of an application affecting such lands until the
minimum time for county, city, or town objections has expired.
(8) For those forest practices regulated by the board and
the department, in addition to any rights under the above
paragraph, the county, city, or town may appeal any department approval of an application with respect to any lands
within its jurisdiction. The appeals board may suspend the
department’s approval in whole or in part pending such
appeal where there exists potential for immediate and
material damage to a public resource.
(9) For those forest practices regulated by the board and
the department, appeals under this section shall be made to
the appeals board in the manner and time provided in RCW
76.09.220(8). In such appeals there shall be no presumption
of correctness of either the county, city, or town or the
department position.
(10) For those forest practices regulated by the board
and the department, the department shall, within four
[Title 76 RCW—page 20]
business days notify the county, city, or town of all notifications, approvals, and disapprovals of an application affecting
lands within the county, city, or town, except to the extent
the county, city, or town has waived its right to such notice.
(11) For those forest practices regulated by the board
and the department, a county, city, or town may waive in
whole or in part its rights under this section, and may
withdraw or modify any such waiver, at any time by written
notice to the department. [2002 c 121 § 1; 1997 c 173 § 2;
1994 c 264 § 49; 1993 c 443 § 3; 1990 1st ex.s. c 17 § 61;
1988 c 36 § 47; 1987 c 95 § 9; 1975 1st ex.s. c 200 § 2;
1974 ex.s. c 137 § 5.]
Effective date—1993 c 443: See note following RCW 76.09.010.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
76.09.055 Findings—Emergency rule making
authorized. (1) The legislature finds that the declines of
fish stocks throughout much of the state require immediate
action to be taken to help restore these fish runs where
possible. The legislature also recognizes that federal and
state agencies, tribes, county representatives, and private
timberland owners have spent considerable effort and time
to develop the forests and fish report. Given the agreement
of the parties, the legislature believes that the immediate
adoption of emergency rules is appropriate in this particular
instance. These rules can implement many provisions of the
forests and fish report to protect the economic well-being of
the state, and to minimize the risk to the state and landowners to legal challenges. This authority is not designed to set
any precedents for the forest practices board in future rule
making or set any precedents for other rule-making bodies
of the state.
(2) The forest practices board is authorized to adopt
emergency rules amending the forest practices rules with
respect to the protection of aquatic resources, in accordance
with RCW 34.05.350, except: (a) That the rules adopted
under this section may remain in effect until permanent rules
are adopted, or until June 30, 2001, whichever is sooner; (b)
notice of the proposed rules must be published in the
Washington State Register as provided in RCW 34.05.320;
(c) at least one public hearing must be conducted with an
opportunity to provide oral and written comments; and (d) a
rule-making file must be maintained as required by RCW
34.05.370. In adopting the emergency rules, the board is not
required to prepare a small business economic impact
statement under chapter 19.85 RCW, prepare a statement
indicating whether the rules constitute a significant legislative rule under RCW 34.05.328, prepare a significant
legislative rule analysis under RCW 34.05.328, or follow the
procedural requirements of the state environmental policy
act, chapter 43.21C RCW. The forest practices board may
only adopt recommendations contained in the forests and fish
report as emergency rules under this section. [2000 c 11 §
4; 1999 sp.s. c 4 § 201.]
Effective date—1999 sp.s. c 4 §§ 201, 202, and 203: "Sections 201,
202, and 203 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect immediately [June 7, 1999]."
[1999 sp.s. c 4 § 1405.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
(2002 Ed.)
Forest Practices
76.09.060 Applications for forest practices—Form—
Contents—Conversion of forest land to other use—Sixyear moratorium—New applications—Approval—
Emergencies. The following shall apply to those forest
practices administered and enforced by the department and
for which the board shall promulgate regulations as provided
in this chapter:
(1) The department shall prescribe the form and contents
of the notification and application. The forest practices rules
shall specify by whom and under what conditions the
notification and application shall be signed or otherwise
certified as acceptable. The application or notification shall
be delivered in person to the department, sent by first class
mail to the department or electronically filed in a form
defined by the department. The form for electronic filing
shall be readily convertible to a paper copy, which shall be
available to the public pursuant to chapter 42.17 RCW. The
information required may include, but is not limited to:
(a) Name and address of the forest landowner, timber
owner, and operator;
(b) Description of the proposed forest practice or
practices to be conducted;
(c) Legal description and tax parcel identification
numbers of the land on which the forest practices are to be
conducted;
(d) Planimetric and topographic maps showing location
and size of all lakes and streams and other public waters in
and immediately adjacent to the operating area and showing
all existing and proposed roads and major tractor roads;
(e) Description of the silvicultural, harvesting, or other
forest practice methods to be used, including the type of
equipment to be used and materials to be applied;
(f) Proposed plan for reforestation and for any
revegetation necessary to reduce erosion potential from
roadsides and yarding roads, as required by the forest
practices rules;
(g) Soil, geological, and hydrological data with respect
to forest practices;
(h) The expected dates of commencement and completion of all forest practices specified in the application;
(i) Provisions for continuing maintenance of roads and
other construction or other measures necessary to afford
protection to public resources;
(j) An affirmation that the statements contained in the
notification or application are true; and
(k) All necessary application or notification fees.
(2) Long range plans may be submitted to the department for review and consultation.
(3) The application for a forest practice or the notification of a Class II forest practice is subject to the three-year
reforestation requirement.
(a) If the application states that any such land will be or
is intended to be so converted:
(i) The reforestation requirements of this chapter and of
the forest practices rules shall not apply if the land is in fact
so converted unless applicable alternatives or limitations are
provided in forest practices rules issued under RCW
76.09.070 as now or hereafter amended;
(ii) Completion of such forest practice operations shall
be deemed conversion of the lands to another use for
purposes of chapters 84.33 and 84.34 RCW unless the
(2002 Ed.)
76.09.060
conversion is to a use permitted under a current use tax
agreement permitted under chapter 84.34 RCW;
(iii) The forest practices described in the application are
subject to applicable county, city, town, and regional
governmental authority permitted under RCW 76.09.240 as
now or hereafter amended as well as the forest practices
rules.
(b) Except as provided elsewhere in this section, if the
application or notification does not state that any land
covered by the application or notification will be or is
intended to be so converted:
(i) For six years after the date of the application the
county, city, town, and regional governmental entities shall
deny any or all applications for permits or approvals,
including building permits and subdivision approvals,
relating to nonforestry uses of land subject to the application;
(A) The department shall submit to the local governmental entity a copy of the statement of a forest landowner’s
intention not to convert which shall represent a recognition
by the landowner that the six-year moratorium shall be
imposed and shall preclude the landowner’s ability to obtain
development permits while the moratorium is in place. This
statement shall be filed by the local governmental entity with
the county recording officer, who shall record the documents
as provided in chapter 65.04 RCW, except that lands
designated as forest lands of long-term commercial significance under chapter 36.70A RCW shall not be recorded due
to the low likelihood of conversion. Not recording the
statement of a forest landowner’s conversion intention shall
not be construed to mean the moratorium is not in effect.
(B) The department shall collect the recording fee and
reimburse the local governmental entity for the cost of
recording the application.
(C) When harvesting takes place without an application,
the local governmental entity shall impose the six-year
moratorium provided in (b)(i) of this subsection from the
date the unpermitted harvesting was discovered by the
department or the local governmental entity.
(D) The local governmental entity shall develop a
process for lifting the six-year moratorium, which shall
include public notification, and procedures for appeals and
public hearings.
(E) The local governmental entity may develop an
administrative process for lifting or waiving the six-year
moratorium for the purposes of constructing a single-family
residence or outbuildings, or both, on a legal lot and building
site. Lifting or waiving of the six-year moratorium is
subject to compliance with all local ordinances.
(F) The six-year moratorium shall not be imposed on a
forest practices application that contains a conversion option
harvest plan approved by the local governmental entity
unless the forest practice was not in compliance with the
approved forest practice permit. Where not in compliance
with the conversion option harvest plan, the six-year moratorium shall be imposed from the date the application was
approved by the department or the local governmental entity;
(ii) Failure to comply with the reforestation requirements contained in any final order or decision shall constitute a removal of designation under the provisions of RCW
84.33.140, and a change of use under the provisions of RCW
84.34.080, and, if applicable, shall subject such lands to the
[Title 76 RCW—page 21]
76.09.060
Title 76 RCW: Forests and Forest Products
payments and/or penalties resulting from such removals or
changes; and
(iii) Conversion to a use other than commercial forest
product operations within six years after approval of the
forest practices without the consent of the county, city, or
town shall constitute a violation of each of the county,
municipal city, town, and regional authorities to which the
forest practice operations would have been subject if the
application had so stated.
(c) The application or notification shall be signed by the
forest landowner and accompanied by a statement signed by
the forest landowner indicating his or her intent with respect
to conversion and acknowledging that he or she is familiar
with the effects of this subsection.
(4) Whenever an approved application authorizes a
forest practice which, because of soil condition, proximity to
a water course or other unusual factor, has a potential for
causing material damage to a public resource, as determined
by the department, the applicant shall, when requested on the
approved application, notify the department two days before
the commencement of actual operations.
(5) Before the operator commences any forest practice
in a manner or to an extent significantly different from that
described in a previously approved application or notification, there shall be submitted to the department a new
application or notification form in the manner set forth in
this section.
(6) Except as provided in RCW 76.09.350(4), the
notification to or the approval given by the department to an
application to conduct a forest practice shall be effective for
a term of two years from the date of approval or notification
and shall not be renewed unless a new application is filed
and approved or a new notification has been filed. At the
option of the applicant, an application or notification may be
submitted to cover a single forest practice or a number of
forest practices within reasonable geographic or political
boundaries as specified by the department. An application
or notification that covers more than one forest practice may
have an effective term of more than two years. The board
shall adopt rules that establish standards and procedures for
approving an application or notification that has an effective
term of more than two years. Such rules shall include
extended time periods for application or notification approval
or disapproval. On an approved application with a term of
more than two years, the applicant shall inform the department before commencing operations.
(7) Notwithstanding any other provision of this section,
no prior application or notification shall be required for any
emergency forest practice necessitated by fire, flood,
windstorm, earthquake, or other emergency as defined by the
board, but the operator shall submit an application or
notification, whichever is applicable, to the department
within forty-eight hours after commencement of such
practice or as required by local regulations. [1997 c 290 §
3; 1997 c 173 § 3; 1993 c 443 § 4; 1992 c 52 § 22; 1990 1st
ex.s. c 17 § 62; 1975 1st ex.s. c 200 § 3; 1974 ex.s. c 137
§ 6.]
Reviser’s note: This section was amended by 1997 c 173 § 3 and by
1997 c 290 § 3, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1993 c 443: See note following RCW 76.09.010.
[Title 76 RCW—page 22]
Effective date—1992 c 52 § 22: "Section 22 of this act shall take
effect August 1, 1992." [1992 c 52 § 27.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
76.09.063 Forest practices permit—Habitat incentives agreement. When a private landowner is applying for
a forest practices permit under this chapter and that landowner has entered into a habitat incentives agreement with the
department and the department of fish and wildlife as
provided in *RCW 77.12.830, the department shall comply
with the terms of that agreement when evaluating the permit
application. [1997 c 425 § 5.]
*Reviser’s note: RCW 77.12.830 was recodified as RCW 77.55.300
pursuant to 2000 c 107 § 129.
Finding—Intent—1997 c 425: See note following RCW 77.55.300.
76.09.065 Forest practices application or notification—Fee. (1) Effective July 1, 1997, an applicant shall pay
an application fee and a recording fee, if applicable, at the
time an application or notification is submitted to the
department or to the local governmental entity as provided
in this chapter.
(2) For applications and notifications submitted to the
department, the application fee shall be fifty dollars for class
II, III, and IV forest practices applications or notifications
relating to the commercial harvest of timber. However, the
fee shall be five hundred dollars for class IV forest practices
applications on lands being converted to other uses or on
lands which are not to be reforested because of the likelihood of future conversion to urban development or on lands
that are contained within "urban growth areas," designated
pursuant to chapter 36.70A RCW, except the fee shall be
fifty dollars on those lands where the forest landowner
provides:
(a) A written statement of intent signed by the forest
landowner not to convert to a use other than commercial
forest product operations for ten years, accompanied by
either a written forest management plan acceptable to the
department or documentation that the land is enrolled under
the provisions of chapter 84.33 RCW; or
(b) A conversion option harvest plan approved by the
local governmental entity and submitted to the department as
part of the forest practices application.
All money collected from fees under this subsection shall be
deposited in the state general fund.
(3) For applications submitted to the local governmental
entity, the fee shall be five hundred dollars for class IV
forest practices on lands being converted to other uses or
lands that are contained within "urban growth areas," designated pursuant to chapter 36.70A RCW, except as otherwise
provided in this section, unless a different fee is otherwise
provided by the local governmental entity.
(4) Recording fees shall be as provided in chapter 36.18
RCW.
(5) An application fee under subsection (2) of this
section shall be refunded or credited to the applicant if either
the application or notification is disapproved by the department or the application or notification is withdrawn by the
applicant due to restrictions imposed by the department.
[2000 c 11 § 5; 1997 c 173 § 4; 1993 c 443 § 5.]
Effective date—1993 c 443: See note following RCW 76.09.010.
(2002 Ed.)
Forest Practices
76.09.067 Application for forest practices—Owner
of perpetual timber rights. Notwithstanding any other
provision of this chapter to the contrary, for the purposes of
RCW 76.09.050(1), 76.09.060(3) (b)(i)(A) and (c), and
76.09.065(2)(a), where timber rights have been transferred
by deed to a perpetual owner who is different from the forest
landowner, the owner of perpetual timber rights may sign the
forest practices application and the statement of intent not to
convert for a set period of time. The forest practices
application is not complete until the holder of perpetual timber rights has submitted evidence to the department that the
signed forest practices application and the signed statement
of intent have been served on the forest landowner. [1998
c 100 § 1.]
76.09.070 Reforestation—Requirements—
Procedures—Notification on sale or transfer. After the
completion of a logging operation, satisfactory reforestation
as defined by the rules and regulations promulgated by the
board shall be completed within three years: PROVIDED,
That: (1) A longer period may be authorized if seed or
seedlings are not available; (2) a period of up to five years
may be allowed where a natural regeneration plan is approved by the department; and (3) the department may
identify low-productivity lands on which it may allow for a
period of up to ten years for natural regeneration. Upon the
completion of a reforestation operation a report on such
operation shall be filed with the department of natural
resources. Within twelve months of receipt of such a report
the department shall inspect the reforestation operation, and
shall determine either that the reforestation operation has
been properly completed or that further reforestation and
inspection is necessary.
Satisfactory reforestation is the obligation of the owner
of the land as defined by forest practices regulations, except
the owner of perpetual rights to cut timber owned separately
from the land is responsible for satisfactory reforestation.
The reforestation obligation shall become the obligation of
a new owner if the land or perpetual timber rights are sold
or otherwise transferred.
Prior to the sale or transfer of land or perpetual timber
rights subject to a reforestation obligation, the seller shall
notify the buyer of the existence and nature of the obligation
and the buyer shall sign a notice of reforestation obligation
indicating the buyer’s knowledge thereof. The notice shall
be on a form prepared by the department and shall be sent
to the department by the seller at the time of sale or transfer
of the land or perpetual timber rights. If the seller fails to
notify the buyer about the reforestation obligation, the seller
shall pay the buyer’s costs related to reforestation, including
all legal costs which include reasonable attorneys’ fees,
incurred by the buyer in enforcing the reforestation obligation against the seller. Failure by the seller to send the
required notice to the department at the time of sale shall be
prima facie evidence, in an action by the buyer against the
seller for costs related to reforestation, that the seller did not
notify the buyer of the reforestation obligation prior to sale.
The forest practices regulations may provide alternatives
to or limitations on the applicability of reforestation requirements with respect to forest lands being converted in whole
or in part to another use which is compatible with timber
(2002 Ed.)
76.09.067
growing. The forest practices regulations may identify
classifications and/or areas of forest land that have the likelihood of future conversion to urban development within a ten
year period. The reforestation requirements may be modified or eliminated on such lands: PROVIDED, That such
identification and/or such conversion to urban development
must be consistent with any local or regional land use plans
or ordinances. [1987 c 95 § 10; 1982 c 173 § 1; 1975 1st
ex.s. c 200 § 4; 1974 ex.s. c 137 § 7.]
Effective date—1982 c 173: "This act shall take effect July 1, 1982."
[1982 c 173 § 2.]
76.09.080 Stop work orders—Grounds—Contents—
Procedure—Appeals. (1) The department shall have the
authority to serve upon an operator a stop work order which
shall be a final order of the department if:
(a) There is any violation of the provisions of this
chapter or the forest practices regulations; or
(b) There is a deviation from the approved application;
or
(c) Immediate action is necessary to prevent continuation of or to avoid material damage to a public resource.
(2) The stop work order shall set forth:
(a) The specific nature, extent, and time of the violation,
deviation, damage, or potential damage;
(b) An order to stop all work connected with the
violation, deviation, damage, or potential damage;
(c) The specific course of action needed to correct such
violation or deviation or to prevent damage and to correct
and/or compensate for damage to public resources which has
resulted from any violation, unauthorized deviation, or
willful or negligent disregard for potential damage to a
public resource; and/or those courses of action necessary to
prevent continuing damage to public resources where the
damage is resulting from the forest practice activities but has
not resulted from any violation, unauthorized deviation, or
negligence; and
(d) The right of the operator to a hearing before the
appeals board.
The department shall immediately file a copy of such
order with the appeals board and mail a copy thereof to the
timber owner and forest land owner at the addresses shown
on the application. The operator, timber owner, or forest
land owner may commence an appeal to the appeals board
within fifteen days after service upon the operator. If such
appeal is commenced, a hearing shall be held not more than
twenty days after copies of the notice of appeal were filed
with the appeals board. Such proceeding shall be an
adjudicative proceeding within the meaning of chapter 34.05
RCW, the Administrative Procedure Act. The operator shall
comply with the order of the department immediately upon
being served, but the appeals board if requested shall have
authority to continue or discontinue in whole or in part the
order of the department under such conditions as it may
impose pending the outcome of the proceeding. [1989 c 175
§ 163; 1975 1st ex.s. c 200 § 5; 1974 ex.s. c 137 § 8.]
Effective date—1989 c 175: See note following RCW 34.05.010.
76.09.090 Notice of failure to comply—Contents—
Procedures—Appeals—Hearing—Final order—
Limitations on actions. If a violation, a deviation, material
[Title 76 RCW—page 23]
76.09.090
Title 76 RCW: Forests and Forest Products
damage or potential for material damage to a public resource
has occurred and the department determines that a stop work
order is unnecessary, then the department shall issue and
serve upon the operator or land owner a notice, which shall
clearly set forth:
(1)(a) The specific nature, extent, and time of failure to
comply with the approved application; or identifying the
damage or potential damage; and/or
(b) The relevant provisions of this chapter or of the
forest practice regulations relating thereto;
(2) The right of the operator or land owner to a hearing
before the department; and
(3) The specific course of action ordered by the department to be followed by the operator to correct such failure
to comply and to prevent, correct and/or compensate for
material damage to public resources which resulted from any
violation, unauthorized deviation, or wilful or negligent
disregard for potential damage to a public resource; and/or
those courses of action necessary to prevent continuing
damage to public resources where the damage is resulting
from the forest practice activities but has not resulted from
any violation, unauthorized deviation, or negligence.
The department shall mail a copy thereof to the forest
land owner and the timber owner at the addresses shown on
the application, showing the date of service upon the
operator. Such notice to comply shall become a final order
of the department: PROVIDED, That no direct appeal to the
appeals board will be allowed from such final order. Such
operator shall undertake the course of action so ordered by
the department unless, within fifteen days after the date of
service of such notice to comply, the operator, forest land
owner, or timber owner, shall request the department in
writing to schedule a hearing. If so requested, the department shall schedule a hearing on a date not more than
twenty days after receiving such request. Within ten days
after such hearing, the department shall issue a final order
either withdrawing its notice to comply or clearly setting
forth the specific course of action to be followed by such
operator. Such operator shall undertake the course of action
so ordered by the department unless within thirty days after
the date of such final order, the operator, forest land owner,
or timber owner appeals such final order to the appeals
board.
No person shall be under any obligation under this
section to prevent, correct, or compensate for any damage to
public resources which occurs more than one year after the
date of completion of the forest practices operations involved
exclusive of reforestation, unless such forest practices were
not conducted in accordance with forest practices rules and
regulations: PROVIDED, That this provision shall not
relieve the forest land owner from any obligation to comply
with forest practices rules and regulations pertaining to providing continuing road maintenance. No action to recover
damages shall be taken under this section more than two
years after the date the damage involved occurs. [1975 1st
ex.s. c 200 § 6; 1974 ex.s. c 137 § 9.]
76.09.100 Failure to comply with water quality
protection—Department of ecology authorized to petition
appeals board—Action on petition. If the department of
ecology determines that a person has failed to comply with
[Title 76 RCW—page 24]
the forest practices regulations relating to water quality
protection, and that the department of natural resources has
not issued a stop work order or notice to comply, the
department of ecology shall inform the department thereof.
If the department of natural resources fails to take authorized
enforcement action within twenty-four hours under RCW
76.09.080, 76.09.090, 76.09.120, or 76.09.130, the department of ecology may petition to the chairman of the appeals
board, who shall, within forty-eight hours, either deny the
petition or direct the department of natural resources to
immediately issue a stop work order or notice to comply, or
to impose a penalty. No civil or criminal penalties shall be
imposed for past actions or omissions if such actions or
omissions were conducted pursuant to an approval or
directive of the department of natural resources. [1975 1st
ex.s. c 200 § 7; 1974 ex.s. c 137 § 10.]
76.09.110 Final orders or final decisions binding
upon all parties. Unless declared invalid on appeal, a final
order of the department or a final decision of the appeals
board shall be binding upon all parties. [1974 ex.s. c 137 §
11.]
76.09.120 Failure of owner to take required course
of action—Notice of cost—Department authorized to
complete course of action—Liability of owner for costs—
Lien. If an operator fails to undertake and complete any
course of action with respect to a forest practice, as required
by a final order of the department or a final decision of the
appeals board or any court pursuant to RCW 76.09.080 and
76.09.090, the department may determine the cost thereof
and give written notice of such cost to the operator, the
timber owner and the owner of the forest land upon or in
connection with which such forest practice was being
conducted. If such operator, timber owner, or forest land
owner fails within thirty days after such notice is given to
undertake such course of action, or having undertaken such
course of action fails to complete it within a reasonable time,
the department may expend any funds available to undertake
and complete such course of action and such operator,
timber owner, and forest land owner shall be jointly and
severally liable for the actual, direct cost thereof, but in no
case more than the amount set forth in the notice from the
department. If not paid within sixty days after the department completes such course of action and notifies such
forest land owner in writing of the amount due, such amount
shall become a lien on such forest land and the department
may collect such amount in the same manner provided in
chapter 60.04 RCW for mechanics’ liens. [1974 ex.s. c 137
§ 12.]
76.09.130 Failure to obey stop work order—
Departmental action authorized—Liability of owner or
operator for costs. When the operator has failed to obey a
stop work order issued under the provisions of RCW
76.09.080 the department may take immediate action to
prevent continuation of or avoid material damage to public
resources. If a final order or decision fixes liability with the
operator, timber owner, or forest land owner, they shall be
jointly and severally liable for such emergency costs which
(2002 Ed.)
Forest Practices
may be collected in the manner provided for in RCW
76.09.120. [1974 ex.s. c 137 § 13.]
76.09.140 Enforcement. (1) The department of
natural resources may take any necessary action to enforce
any final order or final decision, and may disapprove any
forest practices application or notification submitted by any
person who has failed to comply with a final order or final
decision or has failed to pay any civil penalties as provided
in RCW 76.09.170, for up to one year from the issuance of
a notice of intent to disapprove notifications and applications
under this section or until the violator pays all outstanding
civil penalties and complies with all validly issued and
outstanding notices to comply and stop work orders, whichever is longer. For purposes of chapter 482, Laws of 1993,
the terms "final order" and "final decision" shall mean the
same as set forth in RCW 76.09.080, 76.09.090, and
76.09.110. The department shall provide written notice of
its intent to disapprove an application or notification under
this subsection. The department shall forward copies of its
notice of intent to disapprove to any affected landowner.
The disapproval period shall run from thirty days following
the date of actual notice or when all administrative and
judicial appellate processes, if any, have been exhausted.
Any person provided the notice may seek review from the
appeals board by filing a request for review within thirty
days of the date of the notice of intent. While the notice of
intent to disapprove is in effect, the violator may not serve
as a person in charge of, be employed by, manage, or
otherwise participate to any degree in forest practices.
(2) On request of the department, the attorney general
may take action necessary to enforce this chapter, including,
but not limited to: Seeking penalties, interest, costs, and
attorneys’ fees; enforcing final orders or decisions; and
seeking civil injunctions, show cause orders, or contempt
orders.
(3) A county may bring injunctive, declaratory, or other
actions for enforcement for forest practice activities within
its jurisdiction in the superior court as provided by law
against the department, the forest landowner, timber owner
or operator to enforce the forest practices rules or any final
order of the department, or the appeals board. No civil or
criminal penalties shall be imposed for past actions or
omissions if such actions or omissions were conducted
pursuant to an approval or directive of the department.
Injunctions, declaratory actions, or other actions for enforcement under this subsection may not be commenced unless
the department fails to take appropriate action after ten days
written notice to the department by the county of a violation
of the forest practices rules or final orders of the department
or the appeals board.
(4)(a) The department may require financial assurance
prior to the conduct of any further forest practices from an
operator or landowner who within the preceding three-year
period has:
(i) Operated without an approved forest practices
application, other than an unintentional operation in connection with an approved application outside the approved
boundary of such an application;
(2002 Ed.)
76.09.130
(ii) Continued to operate in breach of, or failed to
comply with, the terms of an effective stop work order or
notice to comply; or
(iii) Failed to pay any civil or criminal penalty.
(b) The department may deny any application for failure
to submit financial assurances as required. [2000 c 11 § 6;
1999 sp.s. c 4 § 801; 1993 c 482 § 1; 1975 1st ex.s. c 200
§ 8; 1974 ex.s. c 137 § 14.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.150 Inspection—Right of entry. (1) The
department shall make inspections of forest lands, before,
during and after the conducting of forest practices as
necessary for the purpose of ensuring compliance with this
chapter and the forest practices rules and to ensure that no
material damage occurs to the natural resources of this state
as a result of such practices.
(2) Any duly authorized representative of the department
shall have the right to enter upon forest land at any reasonable time to enforce the provisions of this chapter and the
forest practices rules.
(3) The department or the department of ecology may
apply for an administrative inspection warrant to either
Thurston county superior court, or the superior court in the
county in which the property is located. An administrative
inspection warrant may be issued where:
(a) The department has attempted an inspection of forest
lands under this chapter to ensure compliance with this
chapter and the forest practices rules or to ensure that no
potential or actual material damage occurs to the natural
resources of this state, and access to all or part of the forest
lands has been actually or constructively denied; or
(b) The department has reasonable cause to believe that
a violation of this chapter or of rules adopted under this
chapter is occurring or has occurred.
(4) In connection with any watershed analysis, any
review of a pending application by an identification team
appointed by the department, any compliance studies, any
effectiveness monitoring, or other research that has been
agreed to by a landowner, the department may invite
representatives of other agencies, tribes, and interest groups
to accompany a department representative and, at the
landowner’s election, the landowner, on any such inspections. Reasonable efforts shall be made by the department
to notify the landowner of the persons being invited onto the
property and the purposes for which they are being invited.
[2000 c 11 § 7; 1999 sp.s. c 4 § 802; 1974 ex.s. c 137 § 15.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.160 Right of entry by department of ecology.
Any duly authorized representative of the department of
ecology shall have the right to enter upon forest land at any
reasonable time to administer the provisions of this chapter
and RCW 90.48.420. [1974 ex.s. c 137 § 16.]
76.09.170 Violations—Conversion to nontimber
operation—Penalties—Remission or mitigation—
Appeals—Lien. (1) Every person who violates any provision of RCW 76.09.010 through 76.09.280 or of the forest
[Title 76 RCW—page 25]
76.09.170
Title 76 RCW: Forests and Forest Products
practices rules, or who converts forest land to a use other
than commercial timber operation within three years after
completion of the forest practice without the consent of the
county, city, or town, shall be subject to a penalty in an
amount of not more than ten thousand dollars for every such
violation. Each and every such violation shall be a separate
and distinct offense. In case of a failure to comply with a
stop work order, every day’s continuance shall be a separate
and distinct violation. Every person who through an act of
commission or omission procures, aids or abets in the
violation shall be considered to have violated the provisions
of this section and shall be subject to the penalty in this
section. No penalty shall be imposed under this section
upon any governmental official, an employee of any governmental department, agency, or entity, or a member of any
board or advisory committee created by this chapter for any
act or omission in his or her duties in the administration of
this chapter or of any rule adopted under this chapter.
(2) The department shall develop and recommend to the
board a penalty schedule to determine the amount to be
imposed under this section. The board shall adopt by rule,
pursuant to chapter 34.05 RCW, such penalty schedule to be
effective no later than January 1, 1994. The schedule shall
be developed in consideration of the following:
(a) Previous violation history;
(b) Severity of the impact on public resources;
(c) Whether the violation of this chapter or its rules was
intentional;
(d) Cooperation with the department;
(e) Repairability of the adverse effect from the violation;
and
(f) The extent to which a penalty to be imposed on a
forest landowner for a forest practice violation committed by
another should be reduced because the owner was unaware
of the violation and has not received substantial economic
benefits from the violation.
(3) The penalty in this section shall be imposed by a
notice in writing, either by certified mail with return receipt
requested or by personal service, to the person incurring the
same from the department describing the violation with
reasonable particularity. Within fifteen days after the notice
is received, the person incurring the penalty may apply in
writing to the department for the remission or mitigation of
such penalty. Upon receipt of the application, that department may remit or mitigate the penalty upon whatever terms
that department in its discretion deems proper, provided the
department deems such remission or mitigation to be in the
best interests of carrying out the purposes of this chapter.
The department shall have authority to ascertain the facts
regarding all such applications in such reasonable manner
and under such rule as it may deem proper.
(4) Any person incurring a penalty under this section
may appeal the penalty to the forest practices appeals board.
Such appeals shall be filed within thirty days of receipt of
notice imposing any penalty unless an application for
remission or mitigation is made to the department. When
such an application for remission or mitigation is made, such
appeals shall be filed within thirty days of receipt of notice
from the department setting forth the disposition of the
application for remission or mitigation.
(5) The penalty imposed under this section shall become
due and payable thirty days after receipt of a notice impos[Title 76 RCW—page 26]
ing the same unless application for remission or mitigation
is made or an appeal is filed. When such an application for
remission or mitigation is made, any penalty incurred under
this section shall become due and payable thirty days after
receipt of notice setting forth the disposition of such application unless an appeal is filed from such disposition. Whenever an appeal of the penalty incurred is filed, the penalty
shall become due and payable only upon completion of all
administrative and judicial review proceedings and the
issuance of a final decision confirming the penalty in whole
or in part.
(6) If the amount of any penalty is not paid to the
department within thirty days after it becomes due and
payable, the attorney general, upon the request of the department, shall bring an action in the name of the state of
Washington in the superior court of Thurston county or of
any county in which such violator may do business, to
recover such penalty, interest, costs, and attorneys’ fees. In
all such actions the procedure and rules of evidence shall be
the same as an ordinary civil action except as otherwise in
this chapter provided. In addition to or as an alternative to
seeking enforcement of penalties in superior court, the
department may bring an action in district court as provided
in Title 3 RCW, to collect penalties, interest, costs, and
attorneys’ fees.
(7) Penalties imposed under this section for violations
associated with a conversion to a use other than commercial
timber operation shall be a lien upon the real property of the
person assessed the penalty and the department may collect
such amount in the same manner provided in chapter 60.04
RCW for mechanics’ liens.
(8) Any person incurring a penalty imposed under this
section is also responsible for the payment of all costs and
attorneys’ fees incurred in connection with the penalty and
interest accruing on the unpaid penalty amount. [1999 sp.s.
c 4 § 803; 1993 c 482 § 2; 1975 1st ex.s. c 200 § 9; 1974
ex.s. c 137 § 17.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1993 c 482 § 2(1) and (3) through (7): "The
following portions of this act shall take effect on January 1, 1994:
Subsections (1) and (3) through (7) of section 2 of this act." [1993 c 482
§ 3.]
76.09.180 Disposition of moneys received as penalties, reimbursement for damages. All penalties received
or recovered by state agency action for violations as prescribed in RCW 76.09.170 shall be deposited in the state
general fund. All such penalties recovered as a result of
local government action shall be deposited in the local
government general fund. Any funds recovered as reimbursement for damages pursuant to RCW 76.09.080 and
76.09.090 shall be transferred to that agency with jurisdiction
over the public resource damaged, including but not limited
to political subdivisions, the department of fish and wildlife,
the department of ecology, the department of natural resources, or any other department that may be so designated:
PROVIDED, That nothing herein shall be construed to affect
the provisions of RCW 90.48.142. [1994 c 264 § 50; 1988
c 36 § 48; 1974 ex.s. c 137 § 18.]
(2002 Ed.)
Forest Practices
76.09.190 Additional penalty, gross misdemeanor.
In addition to the penalties imposed pursuant to RCW
76.09.170, any person who conducts any forest practice or
knowingly aids or abets another in conducting any forest
practice in violation of any provisions of RCW 76.09.010
through 76.09.280 or 90.48.420, or of the regulations
implementing RCW 76.09.010 through 76.09.280 or
90.48.420, shall be guilty of a gross misdemeanor and upon
conviction thereof shall be punished by a fine of not less
than one hundred dollars nor more than one thousand dollars,
or by imprisonment for a term of not more than one year or
by both fine and imprisonment for each separate violation.
Each day upon which such violation occurs shall constitute
a separate violation. [1974 ex.s. c 137 § 19.]
76.09.210 Forest practices appeals board—
Created—Membership—Terms—Vacancies—Removal.
(1) There is hereby created within the environmental
hearings office under RCW 43.21B.005 the forest practices
appeals board of the state of Washington.
(2) The forest practices appeals board shall consist of
three members qualified by experience and training in
pertinent matters pertaining to the environment, and at least
one member of the appeals board shall have been admitted
to the practice of law in this state and shall be engaged in
the legal profession at the time of his appointment. The
appeals board shall be appointed by the governor with the
advice and consent of the senate, and no more than two of
the members at the time of appointment or during their term
shall be members of the same political party.
(3) Members shall be appointed for a term of six years
and shall serve until their successors are appointed and have
qualified. In case of a vacancy, it shall be filled by appointment by the governor for the unexpired portion of the term
in which such vacancy occurs. The terms of the first three
members of the appeals board shall be staggered so that their
terms shall expire after two, four, and six years.
(4) Any member may be removed for inefficiency,
malfeasance or misfeasance in office, upon specific written
charges filed by the governor, who shall transmit such
written charges to the member accused and to the chief
justice of the supreme court. The chief justice shall thereupon designate a tribunal composed of three judges of the
superior court to hear and adjudicate the charges. Such tribunal shall fix the time of the hearing, which shall be public,
and the procedure for the hearing, and the decision of such
tribunal shall be final and not subject to review by the
supreme court. Removal of any member by the tribunal
shall disqualify such member for reappointment.
(5) Each member of the appeals board:
(a) Shall not be a candidate for nor hold any other
public office or trust, and shall not engage in any occupation
or business interfering with or inconsistent with his duty as
a member, nor shall he serve on or under any committee of
any political party; and
(b) Shall not for a period of one year after the termination of his membership, act in a representative capacity
before the appeals board on any matter. [1979 ex.s. c 47 §
4; 1974 ex.s. c 137 § 21.]
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
(2002 Ed.)
76.09.190
76.09.220 Forest practices appeals board—
Compensation—Travel expenses—Chair—Office—
Quorum—Powers and duties—Jurisdiction—Review. (1)
The appeals board shall operate on either a part-time or a
full-time basis, as determined by the governor. If it is
determined that the appeals board shall operate on a full-time
basis, each member shall receive an annual salary to be
determined by the governor. If it is determined that the
appeals board shall operate on a part-time basis, each
member shall be compensated in accordance with RCW
43.03.250. The director of the environmental hearings office
shall make the determination, required under RCW
43.03.250, as to what statutorily prescribed duties, in
addition to attendance at a hearing or meeting of the board,
shall merit compensation. This compensation shall not
exceed ten thousand dollars in a fiscal year. Each member
shall receive reimbursement for travel expenses incurred in
the discharge of his or her duties in accordance with the
provisions of RCW 43.03.050 and 43.03.060.
(2) The appeals board shall as soon as practicable after
the initial appointment of the members thereof, meet and
elect from among its members a chair, and shall at least
biennially thereafter meet and elect or reelect a chair.
(3) The principal office of the appeals board shall be at
the state capital, but it may sit or hold hearings at any other
place in the state. A majority of the appeals board shall
constitute a quorum for making orders or decisions, adopting
rules necessary for the conduct of its powers and duties, or
transacting other official business, and may act though one
position on the board be vacant. One or more members may
hold hearings and take testimony to be reported for action by
the board when authorized by rule or order of the board.
The appeals board shall perform all the powers and duties
granted to it in this chapter or as otherwise provided by law.
(4) The appeals board shall make findings of fact and
prepare a written decision in each case decided by it, and
such findings and decision shall be effective upon being
signed by two or more members and upon being filed at the
appeals board’s principal office, and shall be open to public
inspection at all reasonable times.
(5) The appeals board shall either publish at its expense
or make arrangements with a publishing firm for the publication of those of its findings and decisions which are of
general public interest, in such form as to assure reasonable
distribution thereof.
(6) The appeals board shall maintain at its principal
office a journal which shall contain all official actions of the
appeals board, with the exception of findings and decisions,
together with the vote of each member on such actions. The
journal shall be available for public inspection at the
principal office of the appeals board at all reasonable times.
(7) The forest practices appeals board shall have
exclusive jurisdiction to hear appeals arising from an action
or determination by the department, and the department of
fish and wildlife, and the department of ecology with respect
to management plans provided for under RCW 76.09.350.
(8)(a) Any person aggrieved by the approval or disapproval of an application to conduct a forest practice or the
approval or disapproval of any landscape plan or permit or
watershed analysis may seek review from the appeals board
by filing a request for the same within thirty days of the
approval or disapproval. Concurrently with the filing of any
[Title 76 RCW—page 27]
76.09.220
Title 76 RCW: Forests and Forest Products
request for review with the board as provided in this section,
the requestor shall file a copy of his or her request with the
department and the attorney general. The attorney general
may intervene to protect the public interest and ensure that
the provisions of this chapter are complied with.
(b) The review proceedings authorized in (a) of this
subsection are subject to the provisions of chapter 34.05
RCW pertaining to procedures in adjudicative proceedings.
[1999 sp.s. c 4 § 902; 1999 c 90 § 1. Prior: 1997 c 423 §
2; 1997 c 290 § 5; 1989 c 175 § 164; 1984 c 287 § 109;
1979 ex.s. c 47 § 5; 1975-’76 2nd ex.s. c 34 § 174; 1975 1st
ex.s. c 200 § 10; 1974 ex.s. c 137 § 22.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Finding—1997 c 423: "The legislature finds that the functions of the
forest practices appeals board have overriding sensitivity and are of
importance to the public welfare and operation of state government." [1997
c 423 § 1.]
Effective date—1997 c 423: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 423 § 3.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
76.09.230 Forest practices appeals board—
Mediation—Appeal procedure—Judicial review. (1) In
all appeals over which the appeals board has jurisdiction,
upon request of one or more parties and with the consent of
all parties, the appeals board shall promptly schedule a
conference for the purpose of attempting to mediate the case.
The mediation conference shall be held prior to the hearing
on not less than seven days’ advance written notice to all
parties. All other proceedings pertaining to the appeal shall
be stayed until completion of mediation, which shall continue so long as all parties consent: PROVIDED, That this
shall not prevent the appeals board from deciding motions
filed by the parties while mediation is ongoing: PROVIDED, FURTHER, That discovery may be conducted while
mediation is ongoing if agreed to by all parties. Mediation
shall be conducted by an administrative appeals judge or
other duly authorized agent of the appeals board who has
received training in dispute resolution techniques or has a
demonstrated history of successfully resolving disputes, as
determined by the appeals board. A person who mediates in
a particular appeal shall not participate in a hearing on that
appeal or in writing the decision and order in the appeal.
Documentary and other physical evidence presented and
evidence of conduct or statements made during the course of
mediation shall be treated by the mediator and the parties in
a confidential manner and shall not be admissible in subsequent proceedings in the appeal except in accordance with
the provisions of the Washington rules of evidence pertaining to compromise negotiations.
(2) In all appeals the appeals board shall have all
powers relating to administration of oaths, issuance of
subpoenas, and taking of depositions, but such powers shall
be exercised in conformity with chapter 34.05 RCW.
[Title 76 RCW—page 28]
(3) In all appeals the appeals board, and each member
thereof, shall be subject to all duties imposed upon and shall
have all powers granted to, an agency by those provisions of
chapter 34.05 RCW relating to adjudicative proceedings.
(4) All proceedings before the appeals board or any of
its members shall be conducted in accordance with such
rules of practice and procedure as the board may prescribe.
The appeals board shall publish such rules and arrange for
the reasonable distribution thereof.
(5) Judicial review of a decision of the appeals board
may be obtained only pursuant to RCW 34.05.510 through
34.05.598. [1994 c 253 § 9; 1992 c 52 § 23; 1989 c 175 §
165; 1974 ex.s. c 137 § 23.]
Effective date—1989 c 175: See note following RCW 34.05.010.
76.09.240 Class IV forest practices—Counties and
cities adopt standards—Administration and enforcement
of regulations—Restrictions upon local political subdivisions or regional entities—Exceptions and limitations. (1)
By December 31, 2005, each county and each city shall
adopt ordinances or promulgate regulations setting standards
for those Class IV forest practices regulated by local government. The regulations shall: (a) Establish minimum
standards for Class IV forest practices; (b) set forth necessary administrative provisions; and (c) establish procedures
for the collection and administration of forest practices and
recording fees as set forth in this chapter.
(2) Class IV forest practices regulations shall be
administered and enforced by the counties and cities that
promulgate them.
(3) The forest practices board shall continue to promulgate regulations and the department shall continue to
administer and enforce the regulations promulgated by the
board in each county and each city for all forest practices as
provided in this chapter until such time as, in the opinion of
the department, the county or city has promulgated forest
practices regulations that meet the requirements as set forth
in this section and that meet or exceed the standards set forth
by the board in regulations in effect at the time the local
regulations are adopted. Regulations promulgated by the
county or city thereafter shall be reviewed in the usual
manner set forth for county or city rules or ordinances.
Amendments to local ordinances must meet or exceed the
forest practices rules at the time the local ordinances are
amended.
(a) Department review of the initial regulations promulgated by a county or city shall take place upon written
request by the county or city. The department, in consultation with the department of ecology, may approve or
disapprove the regulations in whole or in part.
(b) Until January 1, 2006, the department shall provide
technical assistance to all counties or cities that have adopted
forest practices regulations acceptable to the department and
that have assumed regulatory authority over all Class IV
forest practices within their jurisdiction.
(c) Decisions by the department approving or disapproving the initial regulations promulgated by a county or city
may be appealed to the forest practices appeals board, which
has exclusive jurisdiction to review the department’s approval or disapproval of regulations promulgated by counties and
cities.
(2002 Ed.)
Forest Practices
(4) For those forest practices over which the board and
the department maintain regulatory authority no county, city,
municipality, or other local or regional governmental entity
shall adopt or enforce any law, ordinance, or regulation
pertaining to forest practices, except that to the extent
otherwise permitted by law, such entities may exercise any:
(a) Land use planning or zoning authority: PROVIDED,
That exercise of such authority may regulate forest practices
only: (i) Where the application submitted under RCW
76.09.060 as now or hereafter amended indicates that the
lands have been or will be converted to a use other than
commercial forest product production; or (ii) on lands which
have been platted after January 1, 1960, as provided in
chapter 58.17 RCW: PROVIDED, That no permit system
solely for forest practices shall be allowed; that any additional or more stringent regulations shall not be inconsistent with
the forest practices regulations enacted under this chapter;
and such local regulations shall not unreasonably prevent
timber harvesting;
(b) Taxing powers;
(c) Regulatory authority with respect to public health;
and
(d) Authority granted by chapter 90.58 RCW, the
"Shoreline Management Act of 1971". [2002 c 121 § 2;
1997 c 173 § 5; 1975 1st ex.s. c 200 § 11; 1974 ex.s. c 137
§ 24.]
76.09.250 Policy for continuing program of orientation and training. The board shall establish a policy for a
continuing program of orientation and training to be conducted by the department with relation to forest practices and the
regulation thereof pursuant to RCW 76.09.010 through
76.09.280. [1974 ex.s. c 137 § 25.]
76.09.260 Department to represent state’s interest—
Cooperation with other public agencies—Grants and
gifts. The department shall represent the state’s interest in
matters pertaining to forestry and forest practices, including
federal matters, and may consult with and cooperate with the
federal government and other states, as well as other public
agencies, in the study and enhancement of forestry and forest
practices. The department is authorized to accept, receive,
disburse, and administer grants or other funds or gifts from
any source, including private individuals or agencies, the
federal government, and other public agencies for the
purposes of carrying out the provisions of this chapter.
Nothing in this chapter shall modify the designation of
the department of ecology as the agency representing the
state for all purposes of the Federal Water Pollution Control
Act. [1974 ex.s. c 137 § 26.]
76.09.270 Annual determination of state’s research
needs—Recommendations. The department, along with
other affected agencies and institutions, shall annually
determine the state’s needs for research in forest practices
and the impact of such practices on public resources and
shall recommend needed projects to the governor and the
legislature. [1974 ex.s. c 137 § 27.]
76.09.280 Removal of log and debris jams from
streams. Forest land owners shall permit reasonable access
(2002 Ed.)
76.09.240
requested by appropriate agencies for removal from stream
beds abutting their property of log and debris jams accumulated from upstream ownerships. Any owner of logs in such
jams in claiming or removing them shall be required to
remove all unmerchantable material from the stream bed in
accordance with the forest practices regulations. Any
material removed from stream beds must also be removed in
compliance with all applicable laws administered by other
agencies. [1974 ex.s. c 137 § 28.]
76.09.285 Water quality standards affected by
forest practices. See RCW 90.48.420.
76.09.290 Inspection of lands—Reforestation. The
department shall inspect, or cause to be inspected, deforested
lands of the state and ascertain if the lands are valuable
chiefly for agriculture, timber growing, or other purposes,
with a view to reforestation. [1986 c 100 § 49.]
76.09.300 Mass earth movements and fluvial
processes—Program to correct hazardous conditions on
sites associated with roads and railroad grades—Hazardreduction plans. (1) Mass earth movements and fluvial
processes can endanger public resources and public safety.
In some cases, action can be taken which has a probability
of reducing the danger to public resources and public safety.
In other cases it may be best to take no action. In order to
determine where and what, if any, actions should be taken
on forest lands, the department shall develop a program to
correct hazardous conditions on identified sites associated
with roads and railroad grades constructed on private and
public forest lands prior to January 1, 1987. The first
priority treatment shall be accorded to those roads and railroad grades constructed before the effective date of the forest
practices act of 1974.
(2) This program shall be designed to accomplish the
purposes and policies set forth in RCW 76.09.010. For each
geographic area studied, the department shall produce a
hazard-reduction plan which shall consist of the following
elements:
(a) Identification of sites where the department determines that earth movements or fluvial processes pose a
significant danger to public resources or public safety:
PROVIDED, That no liability shall attach to the state of
Washington or the department for failure to identify such
sites;
(b) Recommendations for the implementation of any
appropriate hazard-reduction measures on the identified sites,
which minimize interference with natural processes and
disturbance to the environment;
(c) Analysis of the costs and benefits of each of the
hazard-reduction alternatives, including a no-action alternative.
(3) In developing these plans, it is intended that the
department utilize appropriate scientific expertise including
a geomorphologist, a forest hydrologist, and a forest engineer.
(4) In developing these plans, the department shall
consult with affected tribes, landowners, governmental
agencies, and interested parties.
[Title 76 RCW—page 29]
76.09.300
Title 76 RCW: Forests and Forest Products
(5) Unless requested by a forest landowner under RCW
76.09.320, the department shall study geographic areas for
participation in the program only to the extent that funds
have been appropriated for cost sharing of hazard-reduction
measures under RCW 76.09.320. [1987 c 95 § 2.]
76.09.305 Advisory committee to review hazardreduction plans authorized—Compensation, travel
expenses. The forest practices board may, upon request of
the department or at its own discretion, appoint an advisory
committee consisting of not more than five members
qualified by appropriate experience and training to review
and comment upon such draft hazard reduction plans
prepared by the department as the department submits for
review.
If an advisory committee is established, and within
ninety days following distribution of a draft plan, the
advisory committee shall prepare a written report on each
hazard reduction plan submitted to it. The report, which
shall be kept on file by the department, shall address each of
those elements described in RCW 76.09.300(2).
Final authority for each plan is vested in the department,
and advisory committee comments and decisions shall be
advisory only. The exercise by advisory committee members of their authority to review and comment shall not
imply or create any liability on their part. Advisory committee members shall be compensated as provided for in RCW
43.03.250 and shall receive reimbursement for travel
expenses as provided by RCW 43.03.050 and 43.03.060.
[1987 c 95 § 3.]
76.09.310 Hazard-reduction program—Notice to
landowners within areas selected for review—Proposed
plans—Objections to plan, procedure—Final plans—
Appeal. (1) The department shall send a notice to all forest
landowners, both public and private, within the geographic
area selected for review, stating that the department intends
to study the area as part of the hazard-reduction program.
(2) The department shall prepare a proposed plan for
each geographic area studied. The department shall provide
the proposed plan to affected landowners, Indian tribes,
interested parties, and to the advisory committee, if established pursuant to RCW 76.09.305.
(3) Any aggrieved landowners, agencies, tribes, and
other persons who object to any or all of the proposed
hazard-reduction plan may, within thirty days of issuance of
the plan, request the department in writing to schedule a
conference. If so requested, the department shall schedule
a conference on a date not more than thirty days after
receiving such request.
(4) Within ten days after such a conference, the department shall either amend the proposed plan or respond in
writing indicating why the objections were not incorporated
into the plan.
(5) Within one hundred twenty days following the
issuance of the proposed plan as provided in subsection (2)
of this section, the department shall distribute a final hazardreduction plan designating those sites for which hazardreduction measures are recommended and those sites where
no action is recommended. For each hazard-reduction
[Title 76 RCW—page 30]
measure recommended, a description of the work and cost
estimate shall be provided.
(6) Any aggrieved landowners, agencies, tribes, and
other persons are entitled to appeal the final hazard-reduction
plan to the forest practices appeals board if, within thirty
days of the issuance of the final plan, the party transmits a
notice of appeal to the forest practices appeals board and to
the department.
(7) A landowner’s failure to object to the recommendations or to appeal the final hazard-reduction plan shall not be
deemed an admission that the hazard-reduction recommendations are appropriate.
(8) The department shall provide a copy of the final
hazard-reduction plan to the department of ecology and to
each affected county. [1987 c 95 § 4.]
76.09.315 Implementation of hazard-reduction
measures—Election—Notice and application for costsharing funds—Inspection—Letter of compliance—
Limitations on liability. (1) When a forest landowner
elects to implement the recommended hazard-reduction
measures, the landowner shall notify the department and
apply for cost-sharing funds. Upon completion, the department shall inspect the remedial measures undertaken by
the forest landowner. If, in the department’s opinion, the
remedial measures have been properly implemented, the
department shall promptly transmit a letter to the landowner
stating that the landowner has complied with the hazardreduction measures.
(2) Forest landowners, public and private, of hazardreduction sites reviewed by the department and who have
complied with the department’s recommendations for sites
which require action shall not be liable for any personal
injuries or property damage, occurring on or off the property
reviewed, arising from mass earth movements or fluvial
processes associated with the hazard-reduction site reviewed.
The limitation on liability contained in this subsection shall
also cover personal injuries or property damage arising from
mass earth movements or fluvial processes which are
associated with those areas disturbed by activities required
to acquire site access and to execute the plan when such
activities are approved as part of a hazard-reduction plan.
Notwithstanding the foregoing provisions of this subsection,
a landowner may be liable when the landowner had actual
knowledge of a dangerous artificial latent condition on the
property that was not disclosed to the department.
(3) The exercise by the department of its authority,
duties, and responsibilities provided for developing and
implementing the hazard-reduction program and plans shall
not imply or create any liability in the state of Washington
or the department except that the department may be liable
if the department is negligent in making a final hazardreduction plan or in approving the implementation of specific
hazard-reduction measures. [1987 c 95 § 5.]
76.09.320 Implementation of hazard-reduction
program—Cost sharing by department—Limitations. (1)
Subject to the availability of appropriated funds, the department shall pay fifty percent of the cost of implementing the
hazard-reduction program, except as provided in subsection
(2) of this section.
(2002 Ed.)
Forest Practices
(2) In the event department funds described in subsection (1) of this section are not available for all or a portion
of a forest landowner’s property, the landowner may request
application of the hazard-reduction program to the owner’s
lands, provided the landowner funds one hundred percent of
the cost of implementation of the department’s recommended
actions on his property.
(3) No cost-sharing funds may be made available for
sites where the department determines that the hazardous
condition results from a violation of then-prevailing standards as established by statute or rule. [1987 c 95 § 6.]
76.09.330 Legislative findings—Liability from
naturally falling trees required to be left standing. The
legislature hereby finds and declares that riparian ecosystems
on forest lands in addition to containing valuable timber
resources, provide benefits for wildlife, fish, and water
quality. The legislature further finds and declares that
leaving riparian areas unharvested and leaving snags and
green trees for large woody debris recruitment for streams
and rivers provides public benefits including but not limited
to benefits for threatened and endangered salmonids, other
fish, amphibians, wildlife, and water quality enhancement.
The legislature further finds and declares that leaving upland
areas unharvested for wildlife and leaving snags and green
trees for future snag recruitment provides benefits for
wildlife. Forest landowners may be required to leave trees
standing in riparian and upland areas to benefit public
resources. It is recognized that these trees may blow down
or fall into streams and that organic debris may be allowed
to remain in streams. This is beneficial to riparian dependent and other wildlife species. Further, it is recognized that
trees may blow down, fall onto, or otherwise cause damage
or injury to public improvements, private property, and persons. Notwithstanding any statutory provision, rule, or
common law doctrine to the contrary, the landowner, the
department, and the state of Washington shall not be held
liable for any injury or damages resulting from these actions,
including but not limited to wildfire, erosion, flooding,
personal injury, property damage, damage to public improvements, and other injury or damages of any kind or character
resulting from the trees being left. [1999 sp.s. c 4 § 602;
1992 c 52 § 5; 1987 c 95 § 7.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.340 Certain forest practices exempt from
rules and policies under this chapter. Forest practices
consistent with a habitat conservation plan approved prior to
March 25, 1996, by the secretary of the interior or commerce
under 16 U.S.C. Sec. 1531 et seq., and the endangered
species act of 1973 as amended, are exempt from rules and
policies under this chapter, provided the proposed forest
practices indicated in the application are in compliance with
the plan, and provided this exemption applies only to rules
and policies adopted primarily for the protection of one or
more species, including unlisted species, covered by the plan.
Such forest practices are deemed not to have the potential
for a substantial impact on the environment but may be
found to have the potential for a substantial impact on the
environment due to other reasons under RCW 76.09.050.
(2002 Ed.)
76.09.320
Nothing in this section is intended to limit the board’s
rule-making authority under this chapter. [1996 c 136 § 1.]
Effective date—1996 c 136: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 25, 1996]." [1996 c 136 § 2.]
76.09.350 Long-term multispecies landscape management plans—Pilot projects, selection—Plan approval,
elements—Notice of agreement recorded—Memorandums
of agreements—Report, evaluation. The legislature
recognizes the importance of providing the greatest diversity
of habitats, particularly riparian, wetland, and old growth
habitats, and of assuring the greatest diversity of species
within those habitats for the survival and reproduction of
enough individuals to maintain the native wildlife of Washington forest lands. The legislature also recognizes the
importance of long-term habitat productivity for natural and
wild fish, for the protection of hatchery water supplies, and
for the protection of water quality and quantity to meet the
needs of people, fish, and wildlife. The legislature recognizes the importance of maintaining and enhancing fish and
wildlife habitats capable of sustaining the commercial and
noncommercial uses of fish and wildlife. The legislature
further recognizes the importance of the continued growth
and development of the state’s forest products industry
which has a vital stake in the long-term productivity of both
the public and private forest land base.
The development of a landscape planning system would
help achieve these goals. Landowners and resource managers should be provided incentives to voluntarily develop
long-term multispecies landscape management plans that will
provide protection to public resources. Because landscape
planning represents a departure from the use of standard
baseline rules and may result in unintended consequences to
both the affected habitats and to a landowner’s economic
interests, the legislature desires to establish up to seven
experimental pilot programs to gain experience with landscape planning that may prove useful in fashioning legislation of a more general application.
(1) Until December 31, 2000, the department in cooperation with the department of fish and wildlife, and the
department of ecology when relating to water quality
protection, is granted authority to select not more than seven
pilot projects for the purpose of developing individual
landowner multispecies landscape management plans.
(a) Pilot project participants must be selected by the
department in cooperation with the department of fish and
wildlife, and the department of ecology when relating to
water quality protection, no later than October 1, 1997.
(b) The number and the location of the pilot projects are
to be determined by the department in cooperation with the
department of fish and wildlife, and the department of
ecology when relating to water quality protection, and should
be selected on the basis of risk to the habitat and species,
variety and importance of species and habitats in the
planning area, geographic distribution, surrounding ownership, other ongoing landscape and watershed planning activities in the area, potential benefits to water quantity and
quality, financial and staffing capabilities of participants, and
other factors that will contribute to the creation of landowner
multispecies landscape planning efforts.
[Title 76 RCW—page 31]
76.09.350
Title 76 RCW: Forests and Forest Products
(c) Each pilot project shall have a landscape management plan with the following elements:
(i) An identification of public resources selected for
coverage under the plan and measurable objectives for the
protection of the selected public resources;
(ii) A termination date of not later than 2050;
(iii) A general description of the planning area including
its geographic location, physical and biological features,
habitats, and species known to be present;
(iv) An identification of the existing forest practices
rules that will not apply during the term of the plan;
(v) Proposed habitat management strategies or prescriptions;
(vi) A projection of the habitat conditions likely to result
from the implementation of the specified management
strategies or prescriptions;
(vii) An assessment of habitat requirements and the
current habitat conditions of representative species included
in the plan;
(viii) An assessment of potential or likely impacts to
representative species resulting from the prescribed forest
practices;
(ix) A description of the anticipated benefits to those
species or other species as a result of plan implementation;
(x) A monitoring plan;
(xi) Reporting requirements including a schedule for
review of the plan’s performance in meeting its objectives;
(xii) Conditions under which a plan may be modified,
including a procedure for adaptive management;
(xiii) Conditions under which a plan may be terminated;
(xiv) A procedure for adaptive management that
evaluates the effectiveness of the plan to meet its measurable
public resources objectives, reflects changes in the best
available science, and provides changes to its habitat
management strategies, prescriptions, and hydraulic project
standards to the extent agreed to in the plan and in a timely
manner and schedule;
(xv) A description of how the plan relates to publicly
available plans of adjacent federal, state, tribal, and private
timberland owners; and
(xvi) A statement of whether the landowner intends to
apply for approval of the plan under applicable federal law.
(2) Until December 31, 2000, the department, in
agreement with the department of fish and wildlife, and the
department of ecology when the landowner elects to cover
water quality in the plan, shall approve a landscape management plan and enter into a binding implementation agreement with the landowner when such departments find, based
upon the best scientific data available, that:
(a) The plan contains all of the elements required under
this section including measurable public resource objectives;
(b) The plan is expected to be effective in meeting those
objectives;
(c) The landowner has sufficient financial resources to
implement the management strategies or prescriptions to be
implemented by the landowner under the plan;
(d) The plan will:
(i) Provide better protection than current state law for
the public resources selected for coverage under the plan
considered in the aggregate; and
(ii) Compared to conditions that could result from
compliance with current state law:
[Title 76 RCW—page 32]
(A) Not result in poorer habitat conditions over the life
of the plan for any species selected for coverage that is listed
as threatened or endangered under federal or state law, or
that has been identified as a candidate for such listing, at the
time the plan is approved; and
(B) Measurably improve habitat conditions for species
selected for special consideration under the plan;
(e) The plan shall include watershed analysis or provide
for a level of protection that meets or exceeds the protection
that would be provided by watershed analysis, if the landowner selects fish or water quality as a public resource to be
covered under the plan. Any alternative process to watershed analysis would be subject to timely peer review;
(f) The planning process provides for a public participation process during the development of the plan, which shall
be developed by the department in cooperation with the
landowner.
The management plans must be submitted to the
department and the department of fish and wildlife, and the
department of ecology when the landowner elects to cover
water quality in the plan, no later than March 1, 2000. The
department shall provide an opportunity for public comment
on the proposed plan. The comment period shall not be less
than forty-five days. The department shall approve or reject
plans within one hundred twenty days of submittal by the
landowner of a final plan. The decision by the department,
in agreement with the department of fish and wildlife, and
the department of ecology when the landowner has elected
to cover water quality in the plan, to approve or disapprove
the management plan is subject to the environmental review
process of chapter 43.21C RCW, provided that any public
comment period provided for under chapter 43.21C RCW
shall run concurrently with the public comment period
provided in this subsection (2).
(3) After a landscape management plan is adopted:
(a) Forest practices consistent with the plan need not
comply with:
(i) The specific forest practices rules identified in the
plan; and
(ii) Any forest practice rules and policies adopted after
the approval of the plan to the extent that the rules:
(A) Have been adopted primarily for the protection of
a public resource selected for coverage under the plan; or
(B) Provide for procedural or administrative obligations
inconsistent with or in addition to those provided for in the
plan with respect to those public resources; and
(b) If the landowner has selected fish as one of the
public resources to be covered under the plan, the plan shall
serve as the hydraulic project approval for the life of the
plan, in compliance with *RCW 75.20.100.
(4) The department is authorized to issue a single
landscape level permit valid for the life of the plan to a
landowner who has an approved landscape management plan
and who has requested a landscape permit from the department. Landowners receiving a landscape level permit shall
meet annually with the department and the department of
fish and wildlife, and the department of ecology where water
quality has been selected as a public resource to be covered
under the plan, to review the specific forest practices
activities planned for the next twelve months and to determine whether such activities are in compliance with the
plan. The departments will consult with the affected Indian
(2002 Ed.)
Forest Practices
tribes and other interested parties who have expressed an
interest in connection with the review. The landowner is to
provide ten calendar days’ notice to the department prior to
the commencement of any forest practices authorized under
a landscape level permit. The landscape level permit will
not impose additional conditions relating to the public
resources selected for coverage under the plan beyond those
agreed to in the plan. For the purposes of chapter 43.21C
RCW, forest practices conducted in compliance with an
approved plan are deemed not to have the potential for a
substantial impact on the environment as to any public
resource selected for coverage under the plan.
(5) Except as otherwise provided in a plan, the agreement implementing the landscape management plan is an
agreement that runs with the property covered by the
approved landscape management plan and the department
shall record notice of the plan in the real property records of
the counties in which the affected properties are located.
Prior to its termination, no plan shall permit forest land
covered by its terms to be withdrawn from such coverage,
whether by sale, exchange, or other means, nor to be
converted to nonforestry uses except to the extent that such
withdrawal or conversion would not measurably impair the
achievement of the plan’s stated public resource objectives.
If a participant transfers all or part of its interest in the
property, the terms of the plan still apply to the new landowner for the plan’s stated duration unless the plan is terminated under its terms or unless the plan specifies the conditions under which the terms of the plan do not apply to the
new landowner.
(6) The departments of natural resources, fish and
wildlife, and ecology shall seek to develop memorandums of
agreements with federal agencies and affected Indian tribes
relating to tribal issues in the landscape management plans.
The departments shall solicit input from affected Indian
tribes in connection with the selection, review, and approval
of any landscape management plan. If any recommendation
is received from an affected Indian tribe and is not adopted
by the departments, the departments shall provide a written
explanation of their reasons for not adopting the recommendation.
(7) The department is directed to report to the forest
practices board annually through the year 2000, but no later
than December 31st of each year, on the status of each pilot
project. The department is directed to provide to the forest
practices board, no later than December 31, 2000, an
evaluation of the pilot projects including a determination if
a permanent landscape planning process should be established along with a discussion of what legislative and rule
modifications are necessary. [1997 c 290 § 1.]
*Reviser’s note: RCW 75.20.100 was recodified as RCW 77.55.100
pursuant to 2000 c 107 § 129.
76.09.360 Single multiyear permit. The department
together with the department of fish and wildlife, and the
department of ecology relating to water quality protection,
shall develop a suitable process to permit landowners to
secure all permits required for the conduct of forest practices
in a single multiyear permit to be jointly issued by the
departments and the departments shall report their findings
to the legislature not later than December 31, 2000. [1997
c 290 § 2.]
(2002 Ed.)
76.09.350
76.09.368 Intent—Small forest landowners—
Alternate plan processes/alternate harvest restrictions—
Report to the legislature. The legislature intends that small
forest landowners have access to alternate plan processes or
alternate harvest restrictions, or both if necessary, that meet
the public resource protection standard set forth in RCW
76.09.370(3), but which also lowers the overall cost of
regulation to small forest landowners including, but not
limited to, timber value forgone, layout costs, and operating
costs. The forest practices board shall consult with the small
forest landowner office advisory committee in developing
these alternate approaches. By July 1, 2003, the forest
practices board shall provide the legislature with a written
report that describes the board’s progress in developing
alternate plan processes or alternate harvest restrictions, or
both if necessary, that meet legislative intent.
As used in this section, "small forest landowner" has the
same meaning as defined in RCW 76.13.120(2). [2002 c
120 § 4.]
76.09.370 Findings—Forests and fish report—
Adoption of rules. (1) The legislature finds that the process
that produced the forests and fish report was instigated by
the forest practices board, the report is the product of
considerable negotiations between several diverse interest
groups, and the report has the support of key federal
agencies. When adopting permanent rules under this section,
the forest practices board is strongly encouraged to follow
the recommendations of the forests and fish report, but may
include other alternatives for protection of aquatic resources.
If the forest practices board chooses to adopt rules under this
section that are not consistent with the recommendations
contained in the forests and fish report, the board must
notify the appropriate legislative committees of the proposed
deviations, the reasons for the proposed deviations, and
whether the parties to the forests and fish report still support
the agreement. The board shall defer final adoption of such
rules for sixty days of the legislative session to allow for the
opportunity for additional public involvement and legislative
oversight.
(2) The forest practices board shall follow the regular
rules adoption process contained in the administrative
procedure act, chapter 34.05 RCW, when adopting permanent rules pertaining to forest practices and the protection of
aquatic resources except as limited by subsection (1) of this
section. The permanent rules must accomplish the policies
stated in RCW 76.09.010 without jeopardizing the economic
viability of the forest products industry.
(3) The rules adopted under this section should be as
specific as reasonably possible while also allowing an
applicant to propose alternate plans in response to sitespecific physical features. Alternate plans should provide
protection to public resources at least equal in overall
effectiveness by alternate means.
(4) Rule making under subsection (2) of this section
shall be completed by June 30, 2001.
(5) The board should consider coordinating any environmental review process under chapter 43.21C RCW relating
to the adoption of rules under subsection (2) of this section
with any review of a related proposal under the national
environmental policy act (42 U.S.C. Sec. 4321, et seq.).
[Title 76 RCW—page 33]
76.09.370
Title 76 RCW: Forests and Forest Products
(6) After the board has adopted permanent rules under
subsection (2) of this section, changes to those rules and any
new rules covering aquatic resources may be adopted by the
board but only if the changes or new rules are consistent
with recommendations resulting from the scientifically based
adaptive management process established by a rule of the
board. Any new rules or changes under this subsection need
not be based upon the recommendations of the adaptive
management process if: (a) The board is required to adopt
or modify rules by the final order of any court having
jurisdiction thereof; or (b) future state legislation directs the
board to adopt or modify the rules.
(7) In adopting permanent rules, the board shall incorporate the scientific-based adaptive management process
described in the forests and fish report which will be used to
determine the effectiveness of the new forest practices rules
in aiding the state’s salmon recovery effort. The purpose of
an adaptive management process is to make adjustments as
quickly as possible to forest practices that are not achieving
the resource objectives. The adaptive management process
shall incorporate the best available science and information,
include protocols and standards, regular monitoring, a scientific and peer review process, and provide recommendations
to the board on proposed changes to forest practices rules to
meet timber industry viability and salmon recovery. [1999
sp.s. c 4 § 204.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.380 Report to the legislature—Emergency
rules—Permanent rules. Prior to the adoption of permanent rules as required by chapter 4, Laws of 1999 sp. sess.
and no later than January 1, 2000, the board shall report to
the appropriate legislative committees regarding the substance of emergency rules that have been adopted under
chapter 4, Laws of 1999 sp. sess. In addition, the report
shall include information on changes made to the forests and
fish report after April 29, 1999, and an update on the status
of the adoption of permanent rules, including the anticipated
substance of the rules and the anticipated date of final
adoption. The board shall additionally provide a report to
the appropriate legislative committees by January 1, 2001.
On January 1, 2006, the board shall provide a summary
to the appropriate legislative committees regarding modifications made to the forests and fish report made after January
1, 2000, and to the permanent rules according to the adaptive
management process as set forth in the forests and fish report. [1999 sp.s. c 4 § 205.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.390 Sale of land or timber rights with continuing obligations—Notice—Failure to notify. Prior to the
sale or transfer of land or perpetual timber rights subject to
continuing forest land obligations under the forest practices
rules adopted under RCW 76.09.370, as specifically identified in the forests and fish report the seller shall notify the
buyer of the existence and nature of such a continuing
obligation and the buyer shall sign a notice of continuing
forest land obligation indicating the buyer’s knowledge
thereof. The notice shall be on a form prepared by the
[Title 76 RCW—page 34]
department and shall be sent to the department by the seller
at the time of sale or transfer of the land or perpetual timber
rights and retained by the department. If the seller fails to
notify the buyer about the continuing forest land obligation,
the seller shall pay the buyer’s costs related to such continuing forest land obligation, including all legal costs and
reasonable attorneys’ fees, incurred by the buyer in enforcing
the continuing forest land obligation against the seller.
Failure by the seller to send the required notice to the
department at the time of sale shall be prima facie evidence,
in an action by the buyer against the seller for costs related
to the continuing forest land obligation, that the seller did
not notify the buyer of the continuing forest land obligation
prior to sale. [1999 sp.s. c 4 § 707.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.400 Forests and fish account—Created. The
forests and fish account is created in the state treasury.
Receipts from appropriations, federal grants, and gifts from
private organizations and individuals or other sources may be
deposited into the account. Moneys in the account may be
spent only after appropriation. Expenditures from the
account may only be used for the establishment and operation of the small forest landowner office under RCW
76.13.110, the purchase of easements under RCW 76.13.120,
the purchase of lands under RCW 76.09.040, or other activities necessary to implement chapter 4, Laws of 1999 sp.
sess. [1999 sp.s. c 4 § 1402.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.09.900 Short title. Sections 1 through 28 of this
1974 act shall be known and may be cited as the "Forest
Practices Act of 1974". [1974 ex.s. c 137 § 29.]
76.09.905 Air pollution laws not modified. Nothing
in RCW 76.09.010 through 76.09.280 or 90.48.420 shall
modify chapter 70.94 RCW or any other provision of law
relating to the control of air pollution. [1974 ex.s. c 137 §
31.]
76.09.910 Shoreline management act, hydraulics
act, other statutes and ordinances not modified—
Exceptions. Nothing in RCW 76.09.010 through 76.09.280
as now or hereafter amended shall modify any requirements
to comply with the Shoreline Management Act of 1971
except as limited by RCW 76.09.240 as now or hereafter
amended, or the hydraulics act (*RCW 75.20.100), other
state statutes in effect on January 1, 1975, and any local
ordinances not inconsistent with RCW 76.09.240 as now or
hereafter amended. [1975 1st ex.s. c 200 § 12; 1974 ex.s. c
137 § 32.]
*Reviser’s note: RCW 75.20.100 was recodified as RCW 77.55.100
pursuant to 2000 c 107 § 129.
76.09.915 Repeal and savings. (1) The following
acts or parts of acts are each repealed:
(a) Section 2, chapter 193, Laws of 1945, section 1,
chapter 218, Laws of 1947, section 1, chapter 44, Laws of
(2002 Ed.)
Forest Practices
1953, section 1, chapter 79, Laws of 1957, section 10,
chapter 207, Laws of 1971 ex. sess. and RCW 76.08.010;
(b) Section 1, chapter 193, Laws of 1945 and RCW
76.08.020;
(c) Section 3, chapter 193, Laws of 1945, section 2,
chapter 218, Laws of 1947, section 1, chapter 115, Laws of
1955 and RCW 76.08.030;
(d) Section 4, chapter 193, Laws of 1945, section 3,
chapter 218, Laws of 1947, section 2, chapter 79, Laws of
1957 and RCW 76.08.040;
(e) Section 5, chapter 193, Laws of 1945, section 4,
chapter 218, Laws of 1947, section 3, chapter 79, Laws of
1957, section 11, chapter 207, Laws of 1971 ex. sess. and
RCW 76.08.050;
(f) Section 6, chapter 193, Laws of 1945, section 5,
chapter 218, Laws of 1947, section 2, chapter 44, Laws of
1953, section 12, chapter 207, Laws of 1971 ex. sess. and
RCW 76.08.060;
(g) Section 7, chapter 193, Laws of 1945 and RCW
76.08.070;
(h) Section 8, chapter 193, Laws of 1945, section 6,
chapter 218, Laws of 1947, section 3, chapter 44, Laws of
1953, section 2, chapter 115, Laws of 1955, section 1,
chapter 40, Laws of 1961 and RCW 76.08.080; and
(i) Section 9, chapter 193, Laws of 1945, section 4,
chapter 44, Laws of 1953 and RCW 76.08.090.
(2) Notwithstanding the foregoing repealer, obligations
under such sections or permits issued thereunder and in
effect on the effective date of this section shall continue in
full force and effect, and no liability thereunder, civil or
criminal, shall be in any way modified. [1974 ex.s. c 137 §
34.]
76.09.920 Application for extension of prior permits. Permits issued by the department under the provisions
of RCW 76.08.030 during 1974 shall be effective until April
1, 1975 if an application has been submitted under the
provisions of RCW 76.09.050 prior to January 1, 1975.
[1974 ex.s. c 137 § 35.]
76.09.925 Effective dates—1974 ex.s. c 137. RCW
76.09.030, 76.09.040, 76.09.050, 76.09.060, 76.09.200,
90.48.420, and 76.09.935 are necessary for the immediate
preservation of the public peace, health and safety, the
support of the state government and its existing public
institutions, and shall take effect immediately. RCW
76.09.010, 76.09.020, 76.09.070, 76.09.080, 76.09.090,
76.09.100, 76.09.110, 76.09.120, 76.09.130, 76.09.140,
76.09.150, 76.09.160, 76.09.170, 76.09.180, 76.09.190,
76.09.210, 76.09.220, 76.09.230, 76.09.240, 76.09.250,
76.09.260, 76.09.270, 76.09.280, 76.09.900, 76.09.905,
76.09.910, 76.09.930, 76.09.915, and 76.09.920 shall take
effect January 1, 1975. [1974 ex.s. c 137 § 37.]
76.09.935 Severability—1974 ex.s. c 137. If any
provision of this 1974 act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provisions to other persons or circumstances shall not be affected. [1974 ex.s. c 137 § 36.]
(2002 Ed.)
76.09.915
Chapter 76.10
SURFACE MINING
Reviser’s note: Chapter 64, Laws of 1970 ex. sess. has been codified
as chapter 78.44 RCW, "Mines, minerals, and petroleum" although section
1 of the act states "Sections 2 through 25 of this act shall constitute a new
chapter in Title 76 RCW." As the act pertains solely to surface mining, the
change in placement has been made to preserve the subject matter
arrangement of the code.
Chapter 76.12
REFORESTATION
Sections
76.12.015
76.12.020
"Department" defined.
Powers of department—Acquisition of land for reforestation—Taxes, cancellation.
76.12.030 Deed of county land to department—Disposition of proceeds.
76.12.033 Remaining moneys—Certification—Distribution.
76.12.035 Reacquisition from federal government of lands originally
acquired through tax foreclosure—Agreements.
76.12.040 Gifts of county or city land for offices, warehouses, etc.
76.12.045 Gifts of county or city land for offices, warehouses, etc.—
Use of lands authorized.
76.12.050 Exchange of lands to consolidate and block up holdings or
obtain lands having commercial recreational leasing
potential.
76.12.060 Exchange of lands to consolidate and block up holdings—
Agreements and deeds by commissioner.
76.12.065 Exchange of lands to consolidate and block up holdings—
Lands acquired are subject to same laws and administered for same fund as lands exchanged.
76.12.067 Reconveyance to county of certain leased lands.
76.12.070 Reconveyance to county in certain cases.
76.12.072 Transfer of state forest lands back to county for public park
use—Procedure—Reconveyance back when use ceases.
76.12.073 Transfer of state forest lands back to county for public park
use—Timber resource management.
76.12.074 Transfer of state forest lands back to county for public park
use—Lands transferred by deed.
76.12.075 Transfer of state forest lands back to county for public park
use—Provisions cumulative and nonexclusive.
76.12.080 Acquisition of forest land—Requisites.
76.12.090 Utility bonds.
76.12.100 Bonds—Purchase price of land limited—Retirement of
bonds.
76.12.110 Forest development account.
76.12.120 Sales and leases of timber, timber land, or products thereon—Disposition of revenue.
76.12.125 Transfer, disposal of lands without public auction—
Requirements.
76.12.140 Logging of land—Rules and regulations—Penalty.
76.12.155 Record of proceedings, etc.
76.12.160 Sale or exchange of tree seedling stock and tree seed—
Provision of stock or seed to local governments or nonprofit organizations.
76.12.170 Use of proceeds specified.
76.12.180 Department-county agreements for improvement of access
roads.
76.12.205 Olympic natural resources center—Finding, intent.
76.12.210 Olympic natural resources center—Purpose, programs.
76.12.220 Olympic natural resources center—Administration.
76.12.230 Olympic natural resources center—Funding—Contracts.
76.12.240 Finding—Intent—Community and technical college forest
reserve land base—Management—Disposition of revenue.
Reservation of state land for reforestation after timber removed: RCW
79.01.164.
[Title 76 RCW—page 35]
76.12.015
Title 76 RCW: Forests and Forest Products
76.12.015 "Department" defined. As used in this
chapter, "department" means the department of natural
resources. [1988 c 128 § 22.]
76.12.020 Powers of department—Acquisition of
land for reforestation—Taxes, cancellation. The department shall have the power to accept gifts and bequests of
money or other property, made in its own name, or made in
the name of the state, to promote generally the interests of
reforestation or for a specific named purpose in connection
with reforestation, and to acquire in the name of the state, by
purchase or gift, any lands which by reason of their location,
topography or geological formation, are chiefly valuable for
purpose of developing and growing timber, and to designate
such lands and any lands of the same character belonging to
the state as state forest lands; and may acquire by gift or
purchase any lands of the same character. The department
shall have power to seed, plant and develop forests on any
lands, purchased, acquired or designated by it as state forest
lands, and shall furnish such care and fire protection for such
lands as it shall deem advisable. Upon approval of the
board of county commissioners of the county in which said
land is located such gift or donation of land may be accepted
subject to delinquent general taxes thereon, and upon such
acceptance of such gift or donation subject to such taxes, the
department shall record the deed of conveyance thereof and
file with the assessor and treasurer of the county wherein
such land is situated, written notice of acquisition of such
land, and that all delinquent general taxes thereon, except
state taxes, shall be canceled, and the county treasurer shall
thereupon proceed to make such cancellation in the records
of his office. Thereafter, such lands shall be held in trust,
protected, managed, and administered upon, and the proceeds
therefrom disposed of, under RCW 76.12.030. [1988 c 128
§ 23; 1937 c 172 § 1; 1929 c 117 § 1; 1923 c 154 § 3; RRS
§ 5812-3. Prior: 1921 c 169 § 1, part.]
76.12.030 Deed of county land to department—
Disposition of proceeds. If any land acquired by a county
through foreclosure of tax liens, or otherwise, comes within
the classification of land described in RCW 76.12.020 and
can be used as state forest land and if the department deems
such land necessary for the purposes of this chapter, the
county shall, upon demand by the department, deed such
land to the department and the land shall become a part of
the state forest lands.
Such land shall be held in trust and administered and
protected by the department as other state forest lands. Any
moneys derived from the lease of such land or from the sale
of forest products, oils, gases, coal, minerals, or fossils
therefrom, shall be distributed as follows:
(1) The expense incurred by the state for administration,
reforestation, and protection, not to exceed twenty-five
percent, which rate of percentage shall be determined by the
board of natural resources, shall be returned to the forest
development account in the state general fund.
(2) Any balance remaining shall be paid to the county
in which the land is located to be paid, distributed, and
prorated, except as hereinafter provided, to the various funds
in the same manner as general taxes are paid and distributed
during the year of payment: PROVIDED, That any such
[Title 76 RCW—page 36]
balance remaining paid to a county with a population of less
than sixteen thousand shall first be applied to the reduction
of any indebtedness existing in the current expense fund of
such county during the year of payment. [1997 c 370 § 1;
1991 c 363 § 151; 1988 c 128 § 24; 1981 2nd ex.s. c 4 § 4;
1971 ex.s. c 224 § 1; 1969 c 110 § 1; 1957 c 167 § 1; 1951
c 91 § 1; 1935 c 126 § 1; 1927 c 288 § 3, part (adding a
new section to 1923 c 154 § 3b); RRS § 5812-36.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
76.12.033 Remaining moneys—Certification—
Distribution. With regard to moneys remaining under RCW
76.12.030(2), within seven working days of receipt of these
moneys, the department shall certify to the state treasurer the
amounts to be distributed to the counties. The state treasurer
shall distribute funds to the counties four times per month,
with no more than ten days between each payment date.
[1998 c 71 § 1.]
76.12.035 Reacquisition from federal government of
lands originally acquired through tax foreclosure—
Agreements. Whenever any forest land which shall have
been acquired by any county through the foreclosure of tax
liens, or otherwise, and which shall have been acquired by
the federal government either from said county or from the
state holding said lands in trust, and shall be available for
reacquisition, the state board of natural resources and the
board of county commissioners of any such county are
hereby authorized to enter into an agreement for the reacquisition of such lands as state forest lands in trust for such
county. Such agreement shall provide for the price and
manner of such reacquisition. The state board of natural
resources is authorized to provide in such agreement for the
advance of funds available to it for such purpose from the
forest development account, all or any part of the price for
such reacquisition so agreed upon, which advance shall be
repaid at such time and in such manner as in said agreement
provided, solely from any distribution to be made to said
county under the provisions of RCW 76.12.030; that the title
to said lands shall be retained by the state free from any
trust until the state shall have been fully reimbursed for all
funds advanced in connection with such reacquisition; and
that in the event of the failure of the county to repay such
advance in the manner provided, the said forest lands shall
be retained by the state to be administered and/or disposed
of in the same manner as other state forest lands free and
clear of any trust interest therein by said county. Such
county shall make provisions for the reimbursement of the
various funds from any moneys derived from such lands so
acquired, or any other county trust forest board lands which
are distributable in a like manner, for any sums withheld
from funds for other areas which would have been distributed thereto from time to time but for such agreement. [1959
c 87 § 1.]
76.12.040 Gifts of county or city land for offices,
warehouses, etc. Any county, city or town is authorized
and empowered to convey to the state of Washington any
(2002 Ed.)
Reforestation
lands owned by such county, city or town upon the selection
of such lands by the department and the department is
hereby authorized to select and accept conveyances of lands
from such counties, cities or towns, suitable for use by the
department as locations for offices, warehouses and machinery storage buildings in the administration of the forestry
laws and lands of the state of Washington: PROVIDED,
HOWEVER, No consideration shall be paid by the state nor
by the department for the conveyance of such lands by such
county, city or town. [1988 c 128 § 25; 1937 c 125 § 1;
RRS § 5812-3c. FORMER PART OF SECTION: 1937 c
125 § 2 now codified as RCW 76.12.045.]
76.12.045 Gifts of county or city land for offices,
warehouses, etc.—Use of lands authorized. The department is authorized to use such lands for the purposes hereinbefore expressed and to improve said lands and build thereon
any necessary structures for the purposes hereinbefore
expressed and expend in so doing such funds as may be
authorized by law therefor. [1988 c 128 § 26; 1937 c 125
§ 2; RRS § 5812-3d. Formerly RCW 76.12.040.]
76.12.050 Exchange of lands to consolidate and
block up holdings or obtain lands having commercial
recreational leasing potential. The board of county
commissioners of any county and/or the mayor and city
council or city commission of any city or town and/or the
board of natural resources shall have authority to exchange,
each with the other, or with the federal forest service, the
federal government or any proper agency thereof and/or with
any private landowner, county land of any character, land
owned by municipalities of any character, and land owned
by the state under the jurisdiction of the department of
natural resources, for real property of equal value for the
purpose of consolidating and blocking up the respective land
holdings of any county, municipality, the federal government, or the state of Washington or for the purpose of obtaining lands having commercial recreational leasing potential. [1973 1st ex.s. c 50 § 1; 1961 c 77 § 1; 1937 c 77 § 1;
RRS § 5812-3e.]
76.12.060 Exchange of lands to consolidate and
block up holdings—Agreements and deeds by commissioner. The commissioner of public lands shall, with the
advice and approval of the attorney general, execute such
agreements, writings, or relinquishments and certify to the
governor such deeds as are necessary or proper to complete
an exchange as authorized by the board of natural resources
under RCW 76.12.050. [1961 c 77 § 2; 1937 c 77 § 2; RRS
§ 5812-3f.]
76.12.065 Exchange of lands to consolidate and
block up holdings—Lands acquired are subject to same
laws and administered for same fund as lands exchanged.
Lands acquired by the state of Washington as the result of
any exchange authorized under RCW 76.12.050 shall be held
and administered for the benefit of the same fund and subject to the same laws as were the lands exchanged therefor.
[1961 c 77 § 3.]
(2002 Ed.)
76.12.040
76.12.067 Reconveyance to county of certain leased
lands. If the board of natural resources determines that any
forest lands deeded to the board or the state pursuant to this
chapter, which are leased to any county for uses which have
as one permitted use a sanitary landfill and/or transfer station, are no longer appropriate for management by the board,
the board may reconvey all of the lands included within any
such lease to that county. Reconveyance shall be by
quitclaim deed executed by the chairman of the board. Upon
execution of such deed, full legal and equitable title to such
lands shall be vested in that county, and any leases on such
lands shall terminate. A county that receives any such
reconveyed lands shall indemnify and hold the state of
Washington harmless from any liability or expense arising
out of the reconveyed lands. [1991 c 10 § 1.]
76.12.070 Reconveyance to county in certain cases.
Whenever any county shall have acquired by tax foreclosure,
or otherwise, lands within the classification of RCW
76.12.020 and shall have thereafter contracted to sell such
lands to bona fide purchasers before the same may have
been selected as forest lands by the department, and has
heretofore deeded or shall hereafter deed because of inadvertence or oversight such lands to the state or to the department to be held under RCW 76.12.030 or any amendment
thereof; the department upon being furnished with a certified
copy of such contract of sale on file in such county and a
certificate of the county treasurer showing said contract to be
in good standing in every particular and that all due payments and taxes have been made thereon, and upon receipt
of a certified copy of a resolution of the board of county
commissioners of such county requesting the reconveyance
to the county of such lands, is hereby authorized to reconvey
such lands to such county by quitclaim deed executed by the
department. Such reconveyance of lands hereafter so
acquired shall be made within one year from the conveyance
thereof to the state or department. [1988 c 128 § 27; 1941
c 84 § 1; Rem. Supp. 1941 § 5812-3g.]
76.12.072 Transfer of state forest lands back to
county for public park use—Procedure—Reconveyance
back when use ceases. Whenever the board of county commissioners of any county shall determine that forest lands,
that were acquired from such county by the state pursuant to
RCW 76.12.030 and that are under the administration of the
department of natural resources, are needed by the county
for public park use in accordance with the county and the
state outdoor recreation plans, the board of county commissioners may file an application with the board of natural
resources for the transfer of such forest lands.
Upon the filing of an application by the board of county
commissioners, the department of natural resources shall
cause notice of the impending transfer to be given in the
manner provided by RCW 42.30.060. If the department of
natural resources determines that the proposed use is in
accordance with the state outdoor recreation plan, it shall
reconvey said forest lands to the requesting county to have
and to hold for so long as the forest lands are developed,
maintained, and used for the proposed public park purpose.
This reconveyance may contain conditions to allow the
department of natural resources to coordinate the manage[Title 76 RCW—page 37]
76.12.072
Title 76 RCW: Forests and Forest Products
ment of any adjacent state owned lands with the proposed
park activity to encourage maximum multiple use management and may reserve rights of way needed to manage other
state owned lands in the area. The application shall be
denied if the department of natural resources finds that the
proposed use is not in accord with the state outdoor recreation plan. If the land is not, or ceases to be, used for
public park purposes the land shall be conveyed back to the
department of natural resources upon request of the department. [1983 c 3 § 195; 1969 ex.s. c 47 § 1.]
76.12.073 Transfer of state forest lands back to
county for public park use—Timber resource management. The timber resources on any such state forest land
transferred to the counties under RCW 76.12.072 shall be
managed by the department of natural resources to the extent
that this is consistent with park purposes and meets with the
approval of the board of county commissioners. Whenever
the department of natural resources does manage the timber
resources of such lands, it will do so in accordance with the
general statutes relative to the management of all other state
forest lands. [1969 ex.s. c 47 § 2.]
76.12.074 Transfer of state forest lands back to
county for public park use—Lands transferred by deed.
Under provisions mutually agreeable to the board of county
commissioners and the board of natural resources, lands
approved for transfer to a county for public park purposes
under the provisions of RCW 76.12.072 shall be transferred
to the county by deed. [1969 ex.s. c 47 § 3.]
76.12.075 Transfer of state forest lands back to
county for public park use—Provisions cumulative and
nonexclusive. The provisions of RCW 76.12.072 through
76.12.075 shall be cumulative and nonexclusive and shall not
repeal any other related statutory procedure established by
law. [1969 ex.s. c 47 § 4.]
76.12.080 Acquisition of forest land—Requisites.
The department shall take such steps as it deems advisable
for locating and acquiring lands suitable for state forests and
reforestation. Acquisitions made pursuant to this section
shall be at no more than fair market value. No lands shall
ever be acquired by the department except upon the approval
of the title by the attorney general and on a conveyance
being made to the state of Washington by good and sufficient deed. No forest lands shall be designated, purchased,
or acquired by the department unless the area so designated
or the area to be acquired shall, in the judgment of the
department, be of sufficient acreage and so located that it
can be economically administered for forest development
purposes. [2000 c 148 § 1; 1988 c 128 § 28; 1923 c 154 §
4; RRS § 5812-4. Prior: 1921 c 169 § 1, part.]
76.12.090 Utility bonds. For the purpose of acquiring
and paying for lands for state forests and reforestation as
herein provided the department may issue utility bonds of
the state of Washington, in an amount not to exceed two
hundred thousand dollars in principal, during the biennium
expiring March 31, 1925, and such other amounts as may
hereafter be authorized by the legislature. Said bonds shall
[Title 76 RCW—page 38]
bear interest at not to exceed the rate of two percent per
annum which shall be payable annually. Said bonds shall
never be sold or exchanged at less than par and accrued
interest, if any, and shall mature in not less than a period
equal to the time necessary to develop a merchantable forest
on the lands exchanged for said bonds or purchased with
money derived from the sale thereof. Said bonds shall be
known as state forest utility bonds. The principal or interest
of said bonds shall not be a general obligation of the state,
but shall be payable only from the forest development
account. The department may issue said bonds in exchange
for lands selected by it in accordance with RCW 76.12.020,
76.12.030, 76.12.080, 76.12.090, 76.12.110, 76.12.120, and
76.12.140, or may sell said bonds in such manner as it
deems advisable, and with the proceeds purchase and acquire
such lands. Any of said bonds issued in exchange and
payment for any particular tract of lands may be made a first
and prior lien against the particular land for which they are
exchanged, and upon failure to pay said bonds and interest
thereon according to their terms, the lien of said bonds may
be foreclosed by appropriate court action. [2000 c 11 § 8;
1988 c 128 § 29; 1937 c 104 § 1; 1923 c 154 § 5; RRS §
5812-5.]
76.12.100 Bonds—Purchase price of land limited—
Retirement of bonds. For the purpose of acquiring,
seeding, reforestation and administering land for forests and
of carrying out RCW 76.12.020, 76.12.030, 76.12.080,
76.12.090, 76.12.110, 76.12.120, and 76.12.140, the department is authorized to issue and dispose of utility bonds of
the state of Washington in an amount not to exceed one
hundred thousand dollars in principal during the biennium
expiring March 31, 1951: PROVIDED, HOWEVER, That
no sum in excess of one dollar per acre shall ever be paid or
allowed either in cash, bonds, or otherwise, for any lands
suitable for forest growth, but devoid of such, nor shall any
sum in excess of three dollars per acre be paid or allowed
either in cash, bonds, or otherwise, for any lands adequately
restocked with young growth.
Any utility bonds issued under the provisions of this
section may be retired from time to time, whenever there is
sufficient money in the forest development account, said
bonds to be retired at the discretion of the department either
in the order of issuance, or by first retiring bonds with the
highest rate of interest. [2000 c 11 § 9; 1988 c 128 § 30;
1949 c 80 § 1; 1947 c 66 § 1; 1945 c 13 § 1; 1943 c 123 §
1; 1941 c 43 § 1; 1939 c 106 § 1; 1937 c 104 § 2; 1935 c
126 § 2; 1933 c 117 § 1; Rem. Supp. 1949 § 5812-11.]
76.12.110 Forest development account. There is
created a forest development account in the state treasury.
The state treasurer shall keep an account of all sums deposited therein and expended or withdrawn therefrom. Any sums
placed in the account shall be pledged for the purpose of
paying interest and principal on the bonds issued by the
department, and for the purchase of land for growing timber.
Any bonds issued shall constitute a first and prior claim and
lien against the account for the payment of principal and
interest. No sums for the above purposes shall be withdrawn
or paid out of the account except upon approval of the
department.
(2002 Ed.)
Reforestation
Appropriations may be made by the legislature from the
forest development account to the department for the purpose
of carrying on the activities of the department on state forest
lands, lands managed on a sustained yield basis as provided
for in RCW 79.68.040, and for reimbursement of expenditures that have been made or may be made from the resource management cost account in the management of state
forest lands. For the 1999-2001 fiscal biennium, moneys
from the account shall be distributed as directed in the
omnibus appropriations act to the beneficiaries of the
revenues derived from state forest lands. Funds that accrue
to the state from such a distribution shall be deposited into
the salmon recovery account. These funds shall be used for
a grant program for cities and counties for the preservation
and restoration of riparian, marine, and estuarine areas.
[2000 2nd sp.s. c 1 § 915; 1999 sp.s. c 13 § 18; 1998 c 347
§ 55; 1988 c 128 § 31; 1985 c 57 § 75; 1977 ex.s. c 159 §
1; 1959 c 314 § 1; 1951 c 149 § 1; 1933 c 118 § 2; 1923 c
154 § 6; RRS § 5812-6.]
Severability—Effective date—2000 2nd sp.s. c 1: See notes
following RCW 41.05.143.
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
Effective date—1998 c 347: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 3, 1998]." [1998 c 347 § 56.]
Effective date—1985 c 57: See note following RCW 18.04.105.
76.12.120 Sales and leases of timber, timber land,
or products thereon—Disposition of revenue. Except as
provided in RCW 76.12.125, all land, acquired or designated
by the department as state forest land, shall be forever
reserved from sale, but the timber and other products thereon
may be sold or the land may be leased in the same manner
and for the same purposes as is authorized for state granted
land if the department finds such sale or lease to be in the
best interests of the state and approves the terms and
conditions thereof.
Except as provided in RCW 79.12.035, all money
derived from the sale of timber or other products, or from
lease, or from any other source from the land, except where
the Constitution of this state or RCW 76.12.030 requires
other disposition, shall be disposed of as follows:
(1) Fifty percent shall be placed in the forest development account.
(2) Fifty percent shall be prorated and distributed to the
state general fund, to be dedicated for the benefit of the
public schools, and the county in which the land is located
according to the relative proportions of tax levies of all
taxing districts in the county. The portion to be distributed
to the state general fund shall be based on the regular school
levy rate under RCW 84.52.065 as now or hereafter
amended and the levy rate for any maintenance and operation special school levies. With regard to the portion to be
distributed to the counties, the department shall certify to the
state treasurer the amounts to be distributed within seven
working days of receipt of the money. The state treasurer
shall distribute funds to the counties four times per month,
with no more than ten days between each payment date.
The money distributed to the county shall be paid, distributed, and prorated to the various other funds in the same
(2002 Ed.)
76.12.110
manner as general taxes are paid and distributed during the
year of payment. [2000 c 148 § 2; 1998 c 71 § 2. Prior:
1988 c 128 § 32; 1988 c 70 § 1; 1980 c 154 § 11; 1971
ex.s. c 123 § 4; 1955 c 116 § 1; 1953 c 21 § 1; 1923 c 154
§ 7; RRS § 5812-7.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter 82.45 RCW digest.
Christmas trees—Cutting, breaking, removing: RCW 79.40.070 and
79.40.080.
76.12.125 Transfer, disposal of lands without public
auction—Requirements. (1) With the approval of the
board of natural resources, the department may directly
transfer or dispose of lands acquired under this chapter
without public auction, if such lands consist of ten contiguous acres or less, or have a value of twenty-five thousand
dollars or less. Such disposal may only occur in the
following circumstances:
(a) Transfers in lieu of condemnation; and
(b) Transfers to resolve trespass and property ownership
disputes.
(2) Real property to be transferred or disposed of under
this section shall be transferred or disposed of only after
appraisal and for at least fair market value, and only if such
transaction is in the best interest of the state or affected trust.
(3) The proceeds from real property transferred or
disposed of under this section shall be deposited into the
park land trust revolving fund and be solely used to buy
replacement land within the same county as the property
transferred or disposed. [2000 c 148 § 3.]
76.12.140 Logging of land—Rules and regulations—
Penalty. Any lands acquired by the state under RCW
76.12.020, 76.12.030, 76.12.080, 76.12.090, 76.12.110,
76.12.120, and 76.12.140, or any amendments thereto, shall
be logged, protected and cared for in such manner as to
insure natural reforestation of such lands, and to that end the
department shall have power, and it shall be its duty to make
rules and regulations, and amendments thereto, governing
logging operations on such areas, and to embody in any
contract for the sale of timber on such areas, such conditions
as it shall deem advisable, with respect to methods of
logging, disposition of slashings, and debris, and protection
and promotion of new forests. All such rules and regulations, or amendments thereto, shall be adopted by the
department under chapter 34.05 RCW. Any violation of any
such rules shall be a gross misdemeanor unless the department has specified by rule, when not inconsistent with
applicable statutes, that violation of a specific rule is an
infraction under chapter 7.84 RCW. [2000 c 11 § 10; 1988
c 128 § 33; 1987 c 380 § 17; 1927 c 288 § 3, part (adding
a new section to 1923 c 154 § 3a); RRS § 5812-3a. Prior:
1921 c 169 § 2.]
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
76.12.155 Record of proceedings, etc. The commissioner of public lands shall keep in his office in a permanent
bound volume a record of all forest lands acquired by the
state and any lands owned by the state and designated as
such by the department. The record shall show the date and
[Title 76 RCW—page 39]
76.12.155
Title 76 RCW: Forests and Forest Products
from whom said lands were acquired; amount and method of
payment therefor; the forest within which said lands are
embraced; the legal description of such lands; the amount of
money expended, if any, and the date thereof, for seeding,
planting, maintenance or care for such lands; the amount,
date and source of any income derived from such land; and
such other information and data as may be required by the
department. [1988 c 128 § 34; 1923 c 154 § 9; RRS §
5812-9. Formerly RCW 43.12.140.]
intent of the legislature to foster and support the research
and education necessary to provide sound scientific information on which to base sustainable forest and marine industries, and at the same time sustain the ecological values
demanded by much of the public. [1991 c 316 § 1.]
76.12.160 Sale or exchange of tree seedling stock
and tree seed—Provision of stock or seed to local governments or nonprofit organizations. The department is
authorized to sell to or exchange with persons intending to
restock forest areas, tree seedling stock and tree seed
produced at the state nursery.
The department may provide at cost, stock or seed to
local governments or nonprofit organizations for urban tree
planting programs consistent with the community and urban
forestry program. [1993 c 204 § 7; 1988 c 128 § 35; 1947
c 67 § 1; Rem. Supp. 1947 § 5823-40.]
76.12.210 Olympic natural resources center—
Purpose, programs. The Olympic natural resources center
is hereby created at the University of Washington in the college of forest resources and the college of ocean and fishery
sciences. The center shall maintain facilities and programs
in the western portion of the Olympic Peninsula. Its purpose
shall be to demonstrate innovative management methods
which successfully integrate environmental and economic
interests into pragmatic management of forest and ocean
resources. The center shall combine research and educational opportunities with experimental forestry, oceans management, and traditional management knowledge into an
overall program which demonstrates that management based
on sound economic principles is made superior when
combined with new methods of management based on
ecological principles. The programs developed by the center
shall include the following:
(1) Research and education on a broad range of ocean
resources problems and opportunities in the region, such as
estuarine processes, ocean and coastal management, offshore
development, fisheries and shellfish enhancement, and
coastal business development, tourism, and recreation. In
developing this component of the center’s program, the
center shall collaborate with coastal educational institutions
such as Grays Harbor community college and Peninsula
community college;
(2) Research and education on forest resources management issues on the landscape, ecosystem, or regional level,
including issues that cross legal and administrative boundaries;
(3) Research and education that broadly integrates
marine and terrestrial issues, including interactions of
marine, aquatic, and terrestrial ecosystems, and that identifies
options and opportunities to integrate the production of
commodities with the preservation of ecological values.
Where appropriate, programs shall address issues and
opportunities that cross legal and administrative boundaries;
(4) Research and education on natural resources and
their social and economic implications, and on alternative
economic and social bases for sustainable, healthy, resourcebased communities;
(5) Educational opportunities such as workshops, short
courses, and continuing education for resource professionals,
policy forums, information exchanges including international
exchanges where appropriate, conferences, student research,
and public education; and
(6) Creation of a neutral forum where parties with
diverse interests are encouraged to address and resolve their
conflicts. [1991 c 316 § 2; 1989 c 424 § 4.]
Findings—1993 c 204: See note following RCW 35.92.390.
76.12.170 Use of proceeds specified. All receipts
from the sale of stock or seed shall be deposited in a state
forest nursery revolving fund to be maintained by the
department, which is hereby authorized to use all money in
said fund for the maintenance of the state tree nursery or the
planting of denuded state owned lands. [1988 c 128 § 36;
1947 c 67 § 2; RRS § 5823-41.]
76.12.180 Department-county agreements for
improvement of access roads. The department of natural
resources may enter into agreements with the county to:
(1) Identify public roads used to provide access to state
forest lands in need of improvement;
(2) Establish a time schedule for the improvements;
(3) Advance payments to the county to fund the road
improvements: PROVIDED, That no more than fifty percent
of the access road revolving fund shall be eligible for use as
advance payments to counties. The department shall assess
the fund on January 1 and July 1 of each year to determine
the amount that may be used as advance payments to
counties for road improvements; and
(4) Determine the equitable distribution, if any, of costs
of such improvements between the county and the state
through negotiation of terms and conditions of any resulting
repayment to the fund or funds financing the improvements.
[1981 c 204 § 5.]
76.12.205 Olympic natural resources center—
Finding, intent. The legislature finds that conflicts over the
use of natural resources essential to the state’s residents,
especially forest and ocean resources, have increased
dramatically. There are growing demands that these resources be fully utilized for their commodity values, while
simultaneously there are increased demands for protection
and preservation of these same resources. While these
competing demands are most often viewed as mutually
exclusive, recent research has suggested that commodity production and ecological values can be integrated. It is the
[Title 76 RCW—page 40]
Severability—1991 c 316: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 316 § 6.]
Severability—1991 c 316: See note following RCW 76.12.205.
Effective date—1989 c 424: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
(2002 Ed.)
Reforestation
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 424 § 13.]
76.12.220 Olympic natural resources center—
Administration. The Olympic natural resources center shall
operate under the authority of the board of regents of the
University of Washington. It shall be administered by a
director appointed jointly by the deans of the college of
forest resources and the college of ocean and fishery sciences. The director shall be a member of the faculty of one
of those colleges. The director shall appoint and maintain a
scientific or technical committee, and other committees as
necessary, to advise the director on the efficiency, effectiveness, and quality of the center’s activities.
A policy advisory board consisting of eleven members
shall be appointed by the governor to advise the deans and
the director on policies for the center that are consistent with
the purposes of the center. Membership on the policy
advisory board shall broadly represent the various interests
concerned with the purposes of the center, including state
and federal government, environmental organizations, local
community, timber industry, and Indian tribes.
Service on boards and committees of the center shall be
without compensation but actual travel expenses incurred in
connection with service to the center may be reimbursed
from appropriated funds in accordance with RCW 43.03.050
and 43.03.060. [1991 c 316 § 3.]
Severability—1991 c 316: See note following RCW 76.12.205.
76.12.230 Olympic natural resources center—
Funding—Contracts. The center may solicit gifts, grants,
conveyances, bequests, and devises, whether real or personal
property, or both, in trust or otherwise, to be directed to the
center for carrying out the purposes of the center. The
center may solicit contracts for work, financial and in-kind
contributions, and support from private industries, interest
groups, federal and state sources, and other sources. It may
also use separately appropriated funds of the University of
Washington for the center’s activities. [1991 c 316 § 4.]
Severability—1991 c 316: See note following RCW 76.12.205.
76.12.240 Finding—Intent—Community and
technical college forest reserve land base—
Management—Disposition of revenue. (1) The legislature
finds that the state’s community and technical colleges need
a dedicated source of revenue to augment other sources of
capital improvement funding. The intent of this section is to
ensure that the forest land purchased under section 310,
chapter 16, Laws of 1990 1st ex. sess. and known as the
community and technical college forest reserve land base, is
managed in perpetuity and in the same manner as state forest
lands for sustainable commercial forestry and multiple use of
lands consistent with RCW 79.68.050. These state lands will
also be managed to provide an outdoor education and experience area for organized groups. The lands will provide a
source of revenue for the long-term capital improvement
needs of the state community and technical college system.
(2) There has been increasing pressure to convert forest
lands within areas of the state subject to population growth.
Loss of forest land in urbanizing areas reduces the production of forest products and the available supply of open
(2002 Ed.)
76.12.210
space, watershed protection, habitat, and recreational opportunities. The land known as the community and technical
college forest reserve land base is forever reserved from sale.
However, the timber and other products on the land may be
sold, or the land may be leased in the same manner and for
the same purposes as authorized for state granted lands if the
department finds the sale or lease to be in the best interest
of this forest reserve land base and approves the terms and
conditions of the sale or lease.
(3) The land exchange and acquisition powers provided
in RCW 76.12.050 may be used by the department to
reposition land within the community and technical college
forest reserve land base consistent with subsection (1) of this
section.
(4) Up to twenty-five percent of the revenue from these
lands, as determined by the board of natural resources, will
be deposited in the forest development account to reimburse
the forest development account for expenditures from the
account for management of these lands.
(5) The community college forest reserve account,
created under section 310, chapter 16, Laws of 1990 1st ex.
sess., is renamed the community and technical college forest
reserve account. The remainder of the revenue from these
lands must be deposited in the community and technical
college forest reserve account. Money in the account may
be appropriated by the legislature for the capital improvement needs of the state community and technical college
system or to acquire additional forest reserve lands. [1996
c 264 § 1.]
Chapter 76.13
STEWARDSHIP OF NONINDUSTRIAL FORESTS
AND WOODLANDS
Sections
76.13.005
76.13.007
76.13.010
76.13.020
76.13.030
76.13.100
76.13.110
76.13.120
76.13.130
76.13.140
Finding.
Purpose.
Definitions.
Authority.
Funding sources—Fees—Contracts.
Findings.
Small forest landowner office—Establishment—Duties—
Advisory committee—Report to the legislature.
Findings—Definitions—Forestry riparian easement program.
Small parcels—Alternative management plans.
Small forest landowners—Value of buffer trees.
76.13.005 Finding. The legislature hereby finds and
declares that:
(1) Over half of the private forest and woodland acreage
in Washington is owned by landowners with less than five
thousand acres who are not in the business of industrial
handling or processing of timber products.
(2) Nonindustrial forests and woodlands are absorbing
more demands and impacts on timber, fish, wildlife, water,
recreation, and aesthetic resources, due to population growth
and a shrinking commercial forest land base.
(3) Nonindustrial forests and woodlands provide
valuable habitat for many of the state’s numerous fish,
wildlife, and plant species, including some threatened and
endangered species, and many habitats can be protected and
improved through knowledgeable forest resource stewardship.
[Title 76 RCW—page 41]
76.13.005
Title 76 RCW: Forests and Forest Products
(4) Providing for long-term stewardship of nonindustrial
forests and woodlands in growth areas and rural areas is an
important factor in maintaining Washington’s special
character and quality of life.
(5) In order to encourage and maintain nonindustrial
forests and woodlands for their present and future benefit to
all citizens, Washington’s nonindustrial forest and woodland
owners’ long-term commitments to stewardship of forest
resources must be recognized and supported by the citizens
of Washington state. [1991 c 27 § 1.]
76.13.007 Purpose. The purpose of this chapter is to:
(1) Promote the coordination and delivery of services
with federal, state, and local agencies, colleges and universities, landowner assistance organizations, consultants, forest
resource-related industries and environmental organizations
to nonindustrial forest and woodland owners.
(2) Facilitate the production of forest products, enhancement of wildlife and fisheries, protection of streams and
wetlands, culturing of special plants, availability of recreation opportunities and the maintenance of scenic beauty for
the enjoyment and benefit of nonindustrial forest and
woodland owners and the citizens of Washington by meeting
the landowners’ stewardship objectives. [1991 c 27 § 2.]
76.13.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply to
RCW 76.13.005, 76.13.007, 76.13.020, and 76.13.030.
(1) "Cooperating organization" means federal, state, and
local agencies, colleges and universities, landowner assistance organizations, consultants, forest resource-related
industries, and environmental organizations which promote
and maintain programs designed to provide information and
technical assistance services to nonindustrial forest and
woodland owners.
(2) "Department" means the department of natural
resources.
(3) "Landowner" means an individual, partnership,
private, public or municipal corporation, Indian tribe, state
agency, county, or local government entity, educational
institution, or association of individuals of whatever nature
that own nonindustrial forests and woodlands.
(4) "Nonindustrial forests and woodlands" are those
suburban acreages and rural lands supporting or capable of
supporting trees and other flora and fauna associated with a
forest ecosystem, comprised of total individual land ownerships of less than five thousand acres and not directly
associated with wood processing or handling facilities.
(5) "Stewardship" means managing by caring for,
promoting, protecting, renewing, or reestablishing or both,
forests and associated resources for the benefit of the
landowner, the natural resources and the citizens of Washington state, in accordance with each landowner’s objectives,
best management practices, and legal requirements. [2000
c 11 § 11; 1999 sp.s. c 4 § 502; 1991 c 27 § 3.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.13.020 Authority. In order to accomplish the
purposes stated in RCW 76.13.007, the department may:
[Title 76 RCW—page 42]
(1) Establish and maintain a nonindustrial forest and
woodland owner assistance program, and through such a
program, assist nonindustrial forest and woodland owners in
meeting their stewardship objectives.
(2) Provide direct technical assistance through development of management plans, advice, and information to
nonindustrial forest land owners to meet their stewardship
objectives.
(3) Assist and facilitate efforts of cooperating organizations to provide stewardship education, information, technical
assistance, and incentives to nonindustrial forest and woodland owners.
(4) Provide financial assistance to landowners and
cooperating organizations.
(5) Appoint a stewardship advisory committee to assist
in establishing and operating this program.
(6) Loan or rent surplus equipment to assist cooperating
organizations and nonindustrial forest and woodland owners.
(7) Work with local governments to explain the importance of maintaining nonindustrial forests and woodlands.
(8) Take such other steps as are necessary to carry out
the purposes of this chapter. [1991 c 27 § 4.]
76.13.030 Funding sources—Fees—Contracts. The
department may:
(1) Receive and disburse any and all moneys contributed, allotted, or paid by the United States under authority of
any act of congress for the purposes of this chapter.
(2) Receive such gifts, grants, bequests, and endowments and donations of moneys, labor, material, seedlings,
and equipment from public or private sources as may be
made for the purpose of carrying out the provisions of this
chapter and may spend the gifts, grants, bequests, endowments, and donations as well as other moneys from public or
private sources according to their terms.
(3) Charge fees for attendance at workshops and
conferences, for various publications and other materials
which the department may prepare.
(4) Enter into contracts with cooperating organizations
having responsibility to carry out programs of similar
purposes to this chapter. [1991 c 27 § 5.]
76.13.100 Findings. (1) The legislature finds that
increasing regulatory requirements continue to diminish the
economic viability of small forest landowners. The concerns
set forth in *RCW 75.46.300 about the importance of
sustaining forestry as a viable land use are particularly
applicable to small landowners because of the location of
their holdings, the expected complexity of the regulatory requirements, and the need for significant technical expertise
not readily available to small landowners. The further
reduction in harvestable timber owned by small forest
landowners as a result of the rules to be adopted under RCW
76.09.055 will further erode small landowners’ economic
viability and willingness or ability to keep the lands in
forestry use and, therefore, reduce the amount of habitat
available for salmon recovery and conservation of other
aquatic resources, as defined in RCW 76.09.020.
(2) The legislature finds that the concerns identified in
subsection (1) of this section should be addressed by
establishing within the department of natural resources a
(2002 Ed.)
Stewardship of Nonindustrial Forests and Woodlands
small forest landowner office that shall be a resource and
focal point for small forest landowner concerns and policies.
The legislature further finds that a forestry riparian easement
program shall be established to acquire easements from small
landowners along riparian and other areas of value to the
state for protection of aquatic resources. The legislature
further finds that small forest landowners should have the
option of alternate management plans or alternate harvest
restrictions on smaller harvest units that may have a relatively low impact on aquatic resources. The small forest
landowner office should be responsible for assisting small
landowners in the development and implementation of these
plans or restrictions. [1999 sp.s. c 4 § 501.]
*Reviser’s note: RCW 75.46.300 was recodified as RCW 77.85.180
pursuant to 2000 c 107 § 135.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.13.110 Small forest landowner office—
Establishment—Duties—Advisory committee—Report to
the legislature. (1) The department of natural resources
shall establish and maintain a small forest landowner office.
The small forest landowner office shall be a resource and
focal point for small forest landowner concerns and policies,
and shall have significant expertise regarding the management of small forest holdings, governmental programs
applicable to such holdings, and the forestry riparian easement program.
(2) The small forest landowner office shall administer
the provisions of the forestry riparian easement program
created under RCW 76.13.120.
(3) The small forest landowner office shall assist in the
development of small landowner options through alternate
management plans or alternate harvest restrictions appropriate to small landowners. The small forest landowner office
shall develop criteria to be adopted by the forest practices
board in rules and a manual for alternate management plans
or alternate harvest restrictions. These alternate plans or
alternate harvest restrictions shall meet riparian functions
while requiring less costly regulatory prescriptions. At the
landowner’s option, alternate plans or alternate harvest
restrictions may be used to further meet riparian functions.
The small forest landowner office shall evaluate the
cumulative impact of such alternate management plans or
alternate harvest restrictions on essential riparian functions
at the subbasin or watershed level. The small forest landowner office shall adjust future alternate management plans
or alternate harvest restrictions in a manner that will minimize the negative impacts on essential riparian functions
within a subbasin or watershed.
(4) An advisory committee is established to assist the
small forest landowner office in developing policy and
recommending rules to the forest practices board. The
advisory committee shall consist of seven members, including a representative from the department of ecology, the
department of fish and wildlife, and a tribal representative.
Four additional committee members shall be small forest
landowners who shall be appointed by the commissioner of
public lands from a list of candidates submitted by the board
of directors of the Washington farm forestry association or
its successor organization. The association shall submit
more than one candidate for each position. The commission(2002 Ed.)
76.13.100
er shall designate two of the initial small forest landowner
appointees to serve five-year terms and the other two small
forest landowner appointees to serve four-year terms.
Thereafter, appointees shall serve for a term of four years.
The small forest landowner office shall review draft rules or
rule concepts with the committee prior to recommending
such rules to the forest practices board. The office shall
reimburse nongovernmental committee members for reasonable expenses associated with attending committee meetings
as provided in RCW 43.03.050 and 43.03.060.
(5) By December 1, 2002, the small forest landowner
office shall provide a report to the board and the legislature
containing:
(a) Estimates of the amounts of nonindustrial forests and
woodlands in holdings of twenty acres or less, twenty-one to
one hundred acres, one hundred to one thousand acres, and
one thousand to five thousand acres, in western Washington
and eastern Washington, and the number of persons having
total nonindustrial forest and woodland holdings in those size
ranges;
(b) Estimates of the number of parcels of nonindustrial
forests and woodlands held in contiguous ownerships of
twenty acres or less, and the percentages of those parcels
containing improvements used: (i) As primary residences for
half or more of most years; (ii) as vacation homes or other
temporary residences for less than half of most years; and
(iii) for other uses;
(c) The watershed administrative units in which significant portions of the riparian areas or total land area are
nonindustrial forests and woodlands;
(d) Estimates of the number of forest practices applications and notifications filed per year for forest road construction, silvicultural activities to enhance timber growth, timber
harvest not associated with conversion to nonforest land
uses, with estimates of the number of acres of nonindustrial
forests and woodlands on which forest practices are conducted under those applications and notifications; and
(e) Recommendations on ways the board and the
legislature could provide more effective incentives to
encourage continued management of nonindustrial forests
and woodlands for forestry uses in ways that better protect
salmon, other fish and wildlife, water quality, and other
environmental values.
(6) By December 1, 2004, and every four years thereafter, the small forest landowner office shall provide to the
board and the legislature an update of the report described in
subsection (5) of this section, containing more recent
information and describing:
(a) Trends in the items estimated under subsection (5)(a)
through (d) of this section;
(b) Whether, how, and to what extent the forest practices act and rules contributed to those trends; and
(c) Whether, how, and to what extent: (i) The board
and legislature implemented recommendations made in the
previous report; and (ii) implementation of or failure to
implement those recommendations affected those trends.
[2002 c 120 § 1; 2001 c 280 § 1; 2000 c 11 § 12; 1999 sp.s.
c 4 § 503.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
[Title 76 RCW—page 43]
76.13.120
Title 76 RCW: Forests and Forest Products
76.13.120 Findings—Definitions—Forestry riparian
easement program. (1) The legislature finds that the state
should acquire easements along riparian and other sensitive
aquatic areas from small forest landowners willing to sell or
donate such easements to the state provided that the state
will not be required to acquire such easements if they are
subject to unacceptable liabilities. The legislature therefore
establishes a forestry riparian easement program.
(2) The definitions in this subsection apply throughout
this section and RCW 76.13.100 and 76.13.110 unless the
context clearly requires otherwise.
(a) "Forestry riparian easement" means an easement
covering qualifying timber granted voluntarily to the state by
a small forest landowner.
(b) "Qualifying timber" means those trees covered by a
forest practices application that the small forest landowner is
required to leave unharvested under the rules adopted under
RCW 76.09.055 and 76.09.370 or that is made uneconomic
to harvest by those rules, and for which the small landowner
is willing to grant the state a forestry riparian easement.
"Qualifying timber" is timber within or bordering a commercially reasonable harvest unit as determined under rules
adopted by the forest practices board, or timber for which an
approved forest practices application for timber harvest
cannot be obtained because of restrictions under the forest
practices rules.
(c) "Small forest landowner" means a landowner
meeting all of the following characteristics: (i) A forest
landowner as defined in RCW 76.09.020 whose interest in
the land and timber is in fee or who has rights to the timber
to be included in the forestry riparian easement that extend
at least fifty years from the date the forest practices application associated with the easement is submitted; (ii) an entity
that has harvested from its own lands in this state during the
three years prior to the year of application an average timber
volume that would qualify the owner as a small harvester
under RCW 84.33.035; and (iii) an entity that certifies at the
time of application that it does not expect to harvest from its
own lands more than the volume allowed by RCW 84.33.035
during the ten years following application. If a landowner’s
prior three-year average harvest exceeds the limit of RCW
84.33.035, or the landowner expects to exceed this limit
during the ten years following application, and that landowner establishes to the department of natural resources’
reasonable satisfaction that the harvest limits were or will be
exceeded to raise funds to pay estate taxes or equally
compelling and unexpected obligations such as court-ordered
judgments or extraordinary medical expenses, the landowner
shall be deemed to be a small forest landowner.
For purposes of determining whether a person qualifies
as a small forest landowner, the small forest landowner
office, created in RCW 76.13.110, shall evaluate the landowner under this definition as of the date that the forest
practices application is submitted or the date the landowner
notifies the department that the harvest is to begin with
which the forestry riparian easement is associated. A small
forest landowner can include an individual, partnership,
corporate, or other nongovernmental legal entity. If a
landowner grants timber rights to another entity for less than
five years, the landowner may still qualify as a small forest
landowner under this section. If a landowner is unable to
obtain an approved forest practices application for timber
[Title 76 RCW—page 44]
harvest for any of his or her land because of restrictions
under the forest practices rules, the landowner may still
qualify as a small forest landowner under this section.
(d) "Completion of harvest" means that the trees have
been harvested from an area and that further entry into that
area by mechanized logging or slash treating equipment is
not expected.
(3) The department of natural resources is authorized
and directed to accept and hold in the name of the state of
Washington forestry riparian easements granted by small
forest landowners covering qualifying timber and to pay
compensation to such landowners in accordance with
subsections (6) and (7) of this section. The department of
natural resources may not transfer the easements to any
entity other than another state agency.
(4) Forestry riparian easements shall be effective for
fifty years from the date the forest practices application
associated with the qualifying timber is submitted to the
department of natural resources, unless the easement is
terminated earlier by the department of natural resources
voluntarily, based on a determination that termination is in
the best interest of the state, or under the terms of a termination clause in the easement.
(5) Forestry riparian easements shall be restrictive only,
and shall preserve all lawful uses of the easement premises
by the landowner that are consistent with the terms of the
easement and the requirement to protect riparian functions
during the term of the easement, subject to the restriction
that the leave trees required by the rules to be left on the
easement premises may not be cut during the term of the
easement. No right of public access to or across, or any
public use of the easement premises is created by this statute
or by the easement. Forestry riparian easements shall not be
deemed to trigger the compensating tax of or otherwise disqualify land from being taxed under chapter 84.33 or 84.34
RCW.
(6) Upon application of a small forest landowner for a
riparian easement that is associated with a forest practices
application and the landowner’s marking of the qualifying
timber on the qualifying lands, the small forest landowner
office shall determine the compensation to be offered to the
small forest landowner as provided for in this section. The
small forest landowner office shall also determine the
compensation to be offered to a small forest landowner for
qualifying timber for which an approved forest practices
application for timber harvest cannot be obtained because of
restrictions under the forest practices rules. The legislature
recognizes that there is not readily available market transaction evidence of value for easements of this nature, and thus
establishes the following methodology to ascertain the value
for forestry riparian easements. Values so determined shall
not be considered competent evidence of value for any other
purpose.
The small forest landowner office shall establish the
volume of the qualifying timber. Based on that volume and
using data obtained or maintained by the department of
revenue under RCW 84.33.074 and 84.33.091, the small
forest landowner office shall attempt to determine the fair
market value of the qualifying timber as of the date the
forest practices application associated with the qualifying
timber was submitted or the date the landowner notifies the
department that the harvest is to begin. Removal of any
(2002 Ed.)
Stewardship of Nonindustrial Forests and Woodlands
qualifying timber before the expiration of the easement must
be in accordance with the forest practices rules and the terms
of the easement. There shall be no reduction in compensation for reentry.
(7) Except as provided in subsection (8) of this section,
the small forest landowner office shall, subject to available
funding, offer compensation to the small forest landowner in
the amount of fifty percent of the value determined in
subsection (6) of this section, plus the compliance and
reimbursement costs as determined in accordance with RCW
76.13.140. If the landowner accepts the offer for qualifying
timber that will be harvested pursuant to an approved forest
practices application, the department of natural resources
shall pay the compensation promptly upon (a) completion of
harvest in the area covered by the forestry riparian easement;
(b) verification that there has been compliance with the rules
requiring leave trees in the easement area; and (c) execution
and delivery of the easement to the department of natural
resources. If the landowner accepts the offer for qualifying
timber for which an approved forest practices application for
timber harvest cannot be obtained because of restrictions
under the forest practices rules, the department of natural
resources shall pay the compensation promptly upon (i)
verification that there has been compliance with the rules
requiring leave trees in the easement area; and (ii) execution
and delivery of the easement to the department of natural
resources. Upon donation or payment of compensation, the
department of natural resources may record the easement.
(8) For approved forest practices applications where the
regulatory impact is greater than the average percentage
impact for all small landowners as determined by the
department of natural resources analysis under the regulatory
fairness act, chapter 19.85 RCW, the compensation offered
will be increased to one hundred percent for that portion of
the regulatory impact that is in excess of the average.
Regulatory impact includes trees left in buffers, special
management zones, and those rendered uneconomic to
harvest by these rules. A separate average or high impact
regulatory threshold shall be established for western and
eastern Washington. Criteria for these measurements and
payments shall be established by the small forest landowner
office.
(9) The forest practices board shall adopt rules under the
administrative procedure act, chapter 34.05 RCW, to
implement the forestry riparian easement program, including
the following:
(a) A standard version or versions of all documents
necessary or advisable to create the forestry riparian easements as provided for in this section;
(b) Standards for descriptions of the easement premises
with a degree of precision that is reasonable in relation to
the values involved;
(c) Methods and standards for cruises and valuation of
forestry riparian easements for purposes of establishing the
compensation. The department of natural resources shall
perform the timber cruises of forestry riparian easements required under this chapter and chapter 76.09 RCW. Any
rules concerning the methods and standards for valuations of
forestry riparian easements shall apply only to the department of natural resources, small forest landowners, and the
small forest landowner office;
(2002 Ed.)
76.13.120
(d) A method to determine that a forest practices
application involves a commercially reasonable harvest, and
adopt criteria for entering into a forest riparian easement
where a commercially reasonable harvest is not possible or
a forest practices application that has been submitted cannot
be approved because of restrictions under the forest practices
rules;
(e) A method to address blowdown of qualified timber
falling outside the easement premises;
(f) A formula for sharing of proceeds in relation to the
acquisition of qualified timber covered by an easement
through the exercise or threats of eminent domain by a
federal or state agency with eminent domain authority, based
on the present value of the department of natural resources’
and the landowner’s relative interests in the qualified timber;
(g) High impact regulatory thresholds;
(h) A method to determine timber that is qualifying
timber because it is rendered uneconomic to harvest by the
rules adopted under RCW 76.09.055 and 76.09.370; and
(i) A method for internal department of natural resources review of small forest landowner office compensation
decisions under subsection (7) of this section. [2002 c 120
§ 2; 2001 c 280 § 2; 2000 c 11 § 13; 1999 sp.s. c 4 § 504.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.13.130 Small parcels—Alternative management
plans. On parcels of twenty contiguous acres or less,
landowners with a total parcel ownership of less than eighty
acres shall not be required to leave riparian buffers adjacent
to streams according to forest practices rules adopted under
the forests and fish report as defined in RCW 76.09.020.
These landowners shall be subject to the permanent forest
practices rules in effect as of January 1, 1999, but may additionally be required to leave timber adjacent to streams that
is equivalent to no greater than fifteen percent of a volume
of timber contained in a stand of well managed fifty-year old
commercial timber covering the harvest area. The additional
fifteen percent leave tree level shall be computed as a
rotating stand volume and shall be regulated through flexible
forest practices as the stream buffer is managed over time to
meet riparian functions.
On parcels of twenty contiguous acres or less the small
forest landowner office shall work with landowners with a
total parcel ownership of less than eighty acres to develop
alternative management plans for riparian buffers. Such
alternative plans shall provide for the removal of leave trees
as other new trees grow in order to ensure the most effective
protection of critical riparian function. The office may
recommend reasonable modifications in alternative management plans of such landowners to further reduce risks to
public resources and endangered species so long as the
anticipated operating costs are not unreasonably increased
and the landowner is not required to leave a greater volume
than the threshold level. To qualify for the provisions of
this section, parcels must be twenty acres or less in contiguous ownership, and owners cannot have ownership interests
in a total of more than eighty acres of forest lands within the
state. [1999 sp.s. c 4 § 505.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
[Title 76 RCW—page 45]
76.13.140
Title 76 RCW: Forests and Forest Products
76.13.140 Small forest landowners—Value of buffer
trees. In order to assist small forest landowners to remain
economically viable, the legislature intends that the small
forest landowners be able to net fifty percent of the value of
the trees left in the buffer areas. The amount of compensation offered in RCW 76.13.120 shall also include the
compliance costs for participation in the riparian easement
program. For purposes of this section, "compliance costs"
includes the cost of preparing and recording the easement,
and any business and occupation tax and real estate excise
tax imposed because of entering into the easement. The
office may contract with private consultants that the office
finds qualified to perform timber cruises of forestry riparian
easements or to lay out streamside buffers and comply with
other forest and fish regulatory requirements related to the
forest riparian easement program. The department shall
reimburse small forest landowners for the actual costs
incurred for laying out the streamside buffers and marking
the qualifying timber once a contract has been executed for
the forestry riparian easement program. Reimbursement is
subject to the work being acceptable to the department. The
small forest landowner office shall determine how the
reimbursement costs will be calculated. [2002 c 120 § 3;
2001 c 280 § 3.]
Chapter 76.14
FOREST REHABILITATION
Sections
76.14.010
76.14.020
76.14.030
76.14.040
76.14.050
76.14.051
76.14.060
76.14.070
76.14.080
76.14.090
76.14.100
76.14.110
76.14.120
76.14.130
Definitions.
Yacolt burn designated high hazard area—Rehabilitation
required.
Administration.
Duties.
Firebreaks—Powers of department—Grazing lands.
Firebreaks—Preexisting agreements not altered.
Powers and duties—Private lands.
Powers and duties—Expenditure of public funds.
Fire protection projects—Assessments—Payment.
Fire protection projects—Notice—Hearing.
Fire protection projects—Collection of assessments.
Fire protection projects—Credit on assessment for private
expenditure.
Landowner’s responsibility under other laws.
Lands not to be included in project.
76.14.010 Definitions. As used in this chapter:
(1) "Department" means the department of natural
resources;
(2) "Forest land" means any lands considered best
adapted for the growing of trees; and
(3) The term "owner" means and includes individuals,
partnerships, corporations, associations, federal land managing agencies, state of Washington, counties, municipalities,
and other forest landowners. [2000 c 11 § 14; 1988 c 128
§ 37; 1953 c 74 § 2.]
76.14.020 Yacolt burn designated high hazard
area—Rehabilitation required. The Yacolt burn situated
in Clark, Skamania, and Cowlitz counties in townships 2, 3,
4, 5, 6 and 7 north, ranges 3, 4, 5, 6, 7, 7 1/2 and 8 east is
hereby designated a high hazard forest area requiring
rehabilitation by the establishment of extensive protection
[Title 76 RCW—page 46]
facilities and by the restocking of denuded areas artificially
to restore the productivity of the land. [1953 c 74 § 1.]
76.14.030 Administration. This chapter shall be
administered by the department. [1988 c 128 § 38; 1953 c
74 § 3.]
76.14.040 Duties. The department shall use funds
placed at its disposal to map, survey, fell snags, build
firebreaks and access roads, increase forest protection
activities and do all work deemed necessary to protect forest
lands from fire in the rehabilitation zone, and to perform
reforestation and do other improvement work on state lands
in the rehabilitation zone. [1988 c 128 § 39; 1955 c 171 §
1; 1953 c 74 § 4.]
76.14.050 Firebreaks—Powers of department—
Grazing lands. The department is authorized to cooperate
with owners of land located in the area described in RCW
76.14.020 in establishing firebreaks in their most logical
position regardless of land ownership. The department may
by gift, purchase, condemnation or otherwise acquire
easements for road rights of way and land or interests therein
located in the high hazard forest area described in RCW
76.14.020 for any purpose deemed necessary for access for
forest protection, reforestation, development and utilization,
and for access to state owned lands within the area described
in RCW 76.14.020 for all other purposes, and the department
shall have authority to regulate the use thereof. When the
landowner is using the land for agricultural grazing purposes
the state shall maintain gates or adequate cattle guards at
each place the road enters upon the private landowner’s
fenced lands. [1988 c 128 § 40; 1975 1st ex.s. c 101 § 1;
1955 c 171 § 2; 1953 c 74 § 5.]
76.14.051 Firebreaks—Preexisting agreements not
altered. Nothing in the provisions of RCW 76.14.050 as
now or hereafter amended shall be construed to otherwise
alter the terms of any existing agreements heretofore entered
into by the state and private parties under the authority of
RCW 76.14.050 as now or hereafter amended. [1975 1st
ex.s. c 101 § 2.]
76.14.060 Powers and duties—Private lands. The
department shall have authority to acquire the right by
purchase, condemnation or otherwise to cause snags on
private land to be felled, slash to be disposed of, and to take
such other measures on private land necessary to carry out
the objectives of this chapter. [1988 c 128 § 41; 1955 c 171
§ 3.]
76.14.070 Powers and duties—Expenditure of
public funds. The department shall have authority to
expend public money for the purposes and objectives
provided in this chapter. [1988 c 128 § 42; 1955 c 171 § 4.]
76.14.080 Fire protection projects—Assessments—
Payment. The department shall develop fire protection
projects within the high hazard forest area and shall determine the boundaries thereof in accordance with the lands
(2002 Ed.)
Forest Rehabilitation
benefited thereby and shall assess one-sixth of the cost of
such projects equally upon all forest lands within the project
on an acreage basis. Such assessment shall not, however,
exceed twenty-five cents per acre annually nor more than
one dollar and fifty cents per acre in the aggregate and shall
constitute a lien upon any forest products harvested therefrom. The landowner may by written notice to the department elect to pay his assessment on a deferred basis at
a rate of ten cents per thousand board feet and/or one cent
per Christmas tree when these products are harvested from
the lands for commercial use until the assessment plus two
percent interest from the date of completion of each project
has been paid for each acre. Payments under the deferred
plan shall be credited by forty acre tracts and shall be first
applied to payment of the assessment against the forty acre
tract from which the funds were derived and secondly to
other forty acre tracts held and designated by the payor. In
the event total ownership is less than forty acres then
payment shall be applied on an undivided basis to the entire
areas as to which the assessment remains unpaid. The
landowner who elects to pay on deferred basis may pay any
unpaid assessment and interest at any time. [1988 c 128 §
43; 1955 c 171 § 5.]
76.14.090 Fire protection projects—Notice—
Hearing. Notice of each project, the estimated assessment
per acre and a description of the boundaries thereof shall be
given by publication in a local newspaper of general circulation thirty days in advance of commencing work. Any
person owning land within the project may within ten days
after publication of notice demand a hearing before the
department in Olympia and present any reasons why he feels
the assessment should not be made upon his land. Thereafter, the department may change the boundaries of said project to eliminate land from the project which it determines in
its discretion will not be benefited by the project. [1988 c
128 § 44; 1955 c 171 § 6.]
76.14.100 Fire protection projects—Collection of
assessments. Except when the owner has notified the
department in writing that he will make payment on the
deferred plan, the assessment shall be collected by the
department reporting the same to the county assessor of the
county in which the property is situated upon completion of
the work in that project and the assessor shall annually
extend the amounts upon the tax rolls covering the property,
and the amounts shall be collected in the same manner, by
the same procedure, and with the same penalties attached as
the next general state and county taxes on the same property
are collected. Errors in assessments may be corrected at any
time by the department by certifying them to the treasurer of
the county in which the land involved is situated. Upon the
collection of such assessments the county treasurer shall
transmit them to the department. Payment on the deferred
plan shall be made directly to the department. Such payment must be made by January 31st for any timber or
Christmas trees harvested during the previous calendar year
and must be accompanied by a statement of the amount of
timber or number of Christmas trees harvested and the legal
description of the property from which they were harvested.
Whenever an owner paying on the deferred plan desires to
(2002 Ed.)
76.14.080
pay any unpaid balance or portion thereof, he may make
direct payment to the department. [1988 c 128 § 45; 1955
c 171 § 7.]
Collection of taxes: Chapter 84.56 RCW.
76.14.110 Fire protection projects—Credit on
assessment for private expenditure. Where the department
finds that a portion of the work in any project, except road
building, has been done by private expenditures for fire protection purposes only and that the work was not required by
other forestry laws having general application, then the
department shall appraise the work on the basis of what it
would have cost the state and shall credit the amount of the
appraisal toward payment of any sums assessed against lands
contained in the project and owned by the person or his
predecessors in title making the expenditure. Such appraisal
shall be added to the cost of the project for purposes of
determining the general assessment. [1988 c 128 § 46; 1955
c 171 § 8.]
76.14.120 Landowner’s responsibility under other
laws. This chapter shall not relieve the landowner of
providing adequate fire protection for forest land pursuant to
RCW 76.04.610 or, in lieu thereof, of paying the forest fire
protection assessment specified, but shall be deemed as providing solely for extra fire protection needed in the extrahazardous fire area. [1986 c 100 § 56; 1955 c 171 § 9.]
76.14.130 Lands not to be included in project.
Projects pursuant to RCW 76.14.080 shall not be developed
to include lands outside the following described boundary
within the high hazard forest areas: Beginning at a point on
the east boundary of section 24, township 4 north, range 4
east 1/4 mile south of the northeast corner; thence west 1/4
mile; south 1/16 mile; west 1/4 mile; north 1/16 mile; west
1/2 mile; south 1/8 mile; west 1/4 mile; south 1/8 mile; west
1/2 mile; south 1/16 mile; west 1/8 mile; south 1/16 mile;
west 1/8 mile; south 1/16 mile; west 1/2 mile; south 1/16
mile; west 3/4 mile; north 1/16 mile; west 1/4 mile; north
1/16 mile; west 1/2 mile; north 1/16 mile; west 1/4 mile;
north 1/16 mile; west 1 3/4 miles to the west quarter corner
of section 19, township 4 north, range 4 east. Thence north
1/4 mile; west 1/4 mile; north 1/8 mile; west 1/8 mile; north
1/8 mile; west 1/16 mile; north 1/4 mile; west 1/16 mile;
north 1/8 mile; west 1/8 mile; north 1/8 mile; west 3/16
mile; south 1/8 mile; west 3/16 mile; south 1/8 mile; east
3/16 mile; south 1/4 mile; west 2 3/16 miles; south 1/8 mile;
west 1/8 mile; south 1/4 mile; east 1/8 mile; south 1/16 mile;
east 1/4 mile; south 3/16 mile; east 3/8 mile; south 1/8 mile;
east 1/8 mile; south 1/16 mile; east 3/16 mile; south 7/16
mile; west 3/16 mile; south 1/4 mile; west 3/16 mile; south
1/4 mile; east 15/16 mile; south 1/4 mile; east 1/4 mile;
south 1/4 mile; east 1/4 mile; south 3/4 mile; to the southwest corner of section 36, township 4 north, range 3 east.
Thence west 3/8 mile; south 1/8 mile; east 1/8 mile; south
1/2 mile; west 1/8 mile; south 3/8 mile; west 1/8 mile; south
1/4 mile; west 1/4 mile; south 1/2 mile; west 1/8 mile; south
1/4 mile; east 3/8 mile; south 7/16 mile; west 1/4 mile; south
1/16 mile; west 1/4 mile; south 1/2 mile; west 1/8 mile;
south 1/4 mile; east 1/8 mile; south 1/16 mile; west 1/4 mile;
south 1/4 mile; east 1/2 mile; south 3/16 mile; east 1/4 mile;
[Title 76 RCW—page 47]
76.14.130
Title 76 RCW: Forests and Forest Products
south 1/16 mile; east 7/16 mile; south 3/16 mile; east 9/16
mile; south 1/4 mile; east 1/16 mile; south 1/4 mile; east
1/16 mile; south 1/8 mile; east 1/8 mile; south 1/8 mile; west
1/16 mile; south 5/8 mile; west 3/16 mile; south 1/16 mile;
east 1/4 mile; south 1/16 mile; east 1/8 mile; south 3/16
mile; west 1/8 mile; south 1/16 mile; west 11/16 mile; south
3/16 mile; east 15/16 mile, being 1/16 mile north of the
southeast corner of section 36, township 3 north, range 3
east. Thence east 1 mile; south 1/16 mile; west 7/8 mile;
south 1/8 mile; east 1/4 mile; south 1/4 mile; west 1/8 mile;
south 1/8 mile; west 3/16 mile; south 1/4 mile; west 7/16
mile; north 1/8 mile; west 1/8 mile; south 1/8 mile; west
5/16 mile; south 1/4 mile; west 3/16 mile; south 1/16 mile;
east 1/2 mile; north 1/16 mile; east 1/4 mile; south 1/8 mile;
east 1/8 mile; north 1/8 mile; east 1/8 mile being the
southeast corner of section 1, township 2 north, range 3 east.
Thence south 1/4 mile; east 1/4 mile; south 1/16 mile; east
1/4 mile; south 1/16 mile; east 1/4 mile; south 1/8 mile; east
1/8 mile; north 1/8 mile; east 3/8 mile; south 1/8 mile; east
1/16 mile; north 1/4 mile; east 7/16 mile; north 1/8 mile;
east 9/16 mile; south 1/4 mile; west 1/16 mile; south 1/8
mile; west 1/8 mile; south 1/8 mile; west 1/8 mile; south 1/8
mile; west 1/16 mile; south 1/4 mile; west 1/16 mile; south
1/8 mile; west 1/8 mile; south 1/16 mile; west 1/4 mile;
south 5/16 mile; to the center of section 17, township 2
north, range 4 east. Thence east 1 mile; south 1/16 mile;
east 2 miles; north 1/16 mile; east 1 1/2 miles; to the east
quarter corner of section 13, township 2 north, range 4 east.
Thence easterly 9 miles following Bonneville Power
Administration’s power transmission line through sections
18, 17, 16, 15, 14 and 13, township 2 north, range 5 east and
sections 18, 17 and 16, township 2 north, range 6 east to the
southeast corner of section 16, township 2 north, range 6
east. Thence easterly 3 3/4 miles; north 1 1/4 miles; east 1/4
mile; north 2 1/4 miles; west 3/4 mile; north 1 1/2 miles;
east 3/4 mile; north 1/2 mile; east 1 mile; north 1/2 mile;
east 1 mile; north 1 mile; east 2 miles; south 1 mile; east 1
mile; north 3 miles; to the northeast corner of section 1,
township 3 north, range 7 east. Thence west 4 miles; south
1 mile; west 2 miles; north 1/2 mile; west 2 miles; south 1/2
mile; west 1 mile; south 1/2 mile; west 2 miles; north 1 1/2
miles; west 1 mile; south 1 mile; west 2 miles; south 1 1/2
miles; east 1 mile; south 1/2 mile; west 1 mile; south 1/2
mile; west 1/2 mile; south 1/2 mile; west 3 1/2 miles to the
northwest corner of section 30, township 3 north, range 5
east. Thence north along Gifford Pinchot National Forest
boundary to the point of beginning. [1955 c 171 § 10.]
Chapter 76.15
COMMUNITY AND URBAN FORESTRY
Sections
76.15.005
76.15.007
76.15.010
76.15.020
76.15.030
76.15.040
76.15.050
76.15.060
Finding.
Purpose.
Definitions.
Authority.
Funding sources—Fees—Contracts.
Primary duty, department’s—Cooperation.
Agreements for urban tree planting.
Urban tree planting to be encouraged.
[Title 76 RCW—page 48]
76.15.005 Finding. (1) Trees and other woody
vegetation are a necessary and important part of community
and urban environments. Community and urban forests have
many values and uses including conserving energy, reducing
air and water pollution and soil erosion, contributing to
property values, attracting business, reducing glare and noise,
providing aesthetic and historical values, providing wood
products, and affording comfort and protection for humans
and wildlife.
(2) As urban and community areas in Washington state
grow, the need to plan for and protect community and urban
forests increases. Cities and communities benefit from
assistance in developing and maintaining community and
urban forestry programs that also address future growth.
(3) Assistance and encouragement in establishment,
retention, and enhancement of these forests and trees by
local governments, citizens, organizations, and professionals
are in the interest of the state based on the contributions
these forests make in preserving and enhancing the quality
of life of Washington’s municipalities and counties while
providing opportunities for economic development. [1991 c
179 § 1.]
76.15.007 Purpose. The purpose of this chapter is to:
(1) Encourage planting and maintenance and management of trees in the state’s municipalities and counties and
maximize the potential of tree and vegetative cover in
improving the quality of the environment.
(2) Encourage the coordination of state and local agency
activities and maximize citizen participation in the development and implementation of community and urban forestryrelated programs.
(3) Foster healthy economic activity for the state’s
community and urban forestry-related businesses through
cooperative and supportive contracts with the private
business sector.
(4) Facilitate the creation of employment opportunities
related to community and urban forestry activities including
opportunities for inner city youth to learn teamwork, resource conservation, environmental appreciation, and job
skills.
(5) Provide meaningful voluntary opportunities for the
state’s citizens and organizations interested in community
and urban forestry activities. [1991 c 179 § 2.]
76.15.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Community and urban forest" is that land in and
around human settlements ranging from small communities
to metropolitan areas, occupied or potentially occupied by
trees and associated vegetation. Community and urban
forest land may be planted or unplanted, used or unused, and
includes public and private lands, lands along transportation
and utility corridors, and forested watershed lands within
populated areas.
(2) "Community and urban forestry" means the planning, establishment, protection, care, and management of
trees and associated plants individually, in small groups, or
under forest conditions within municipalities and counties.
(2002 Ed.)
Community and Urban Forestry
76.15.010
(3) "Department" means the department of natural
resources.
(4) "Municipality" means a city, town, port district,
public school district, community college district, irrigation
district, weed control district, park district, or other political
subdivision of the state.
(5) "Person" means an individual, partnership, private or
public municipal corporation, Indian tribe, state entity,
county or local governmental entity, or association of
individuals of whatever nature. [2000 c 11 § 15; 1991 c 179
§ 3.]
76.15.050 Agreements for urban tree planting. The
department may enter into agreements with one or more
nonprofit organizations whose primary purpose is urban tree
planting. The agreements shall be to further public education about and support for urban tree planting, and for
obtaining voluntary activities by the local community
organizations in tree planting programs. The agreements
shall ensure that such programs are consistent with the
purposes of the community and urban forestry program
under this chapter. [1993 c 204 § 10.]
76.15.020 Authority. (1) The department may
establish and maintain a program in community and urban
forestry to accomplish the purpose stated in RCW 76.15.007.
The department may assist municipalities and counties in
establishing and maintaining community and urban forestry
programs and encourage persons to engage in appropriate
and improved tree management and care.
(2) The department may advise, encourage, and assist
municipalities, counties, and other public and private entities
in the development and coordination of policies, programs,
and activities for the promotion of community and urban
forestry.
(3) The department may appoint a committee or council
to advise the department in establishing and carrying out a
program in community and urban forestry.
(4) The department may assist municipal and county
tree maintenance programs by making surplus equipment
available on loan where feasible for community and urban
forestry programs and cooperative projects. [1991 c 179 §
4.]
76.15.060 Urban tree planting to be encouraged.
The department shall encourage urban planting of tree
varieties that are site-appropriate and provide the best combination of energy and water conservation, fire safety and
other safety, wildlife habitat, and aesthetic value. The
department may provide technical assistance in developing
programs in tree planting for energy conservation in areas of
the state where such programs are most cost-effective.
[1993 c 204 § 11.]
76.15.030 Funding sources—Fees—Contracts. The
department may:
(1) Receive and disburse any and all moneys contributed, allotted, or paid by the United States under authority of
any act of congress for the purposes of this chapter.
(2) Receive such gifts, grants, bequests, and endowments and donations of labor, material, seedlings, and
equipment from public or private sources as may be made
for the purpose of carrying out the provisions of this chapter,
and may spend the gifts, grants, bequests, endowments, and
donations as well as other moneys from public or private
sources.
(3) Charge fees for attendance at workshops and
conferences, and for various publications and other materials
that the department may prepare.
(4) Enter into agreements and contracts with persons
having community and urban forestry-related responsibilities.
[1991 c 179 § 5.]
76.15.040 Primary duty, department’s—
Cooperation. The department shall assume the primary
responsibility of carrying out this chapter and shall cooperate
with other private and public, state and federal persons, any
agency of another state, the United States, any agency of the
United States, or any agency or province of Canada. [1991
c 179 § 6.]
(2002 Ed.)
Findings—1993 c 204: See note following RCW 35.92.390.
Findings—1993 c 204: See note following RCW 35.92.390.
Chapter 76.16
ACCESS TO STATE TIMBER AND OTHER
VALUABLE MATERIAL
Sections
76.16.010
76.16.020
76.16.030
76.16.040
Acquisition of property interests for access authorized—
Maintenance.
Condemnation—Duty of attorney general.
Disposal of property interests acquired under this chapter.
Acquisition—Payment—Moneys available to department.
76.16.010 Acquisition of property interests for
access authorized—Maintenance. Whenever the department of natural resources, hereinafter referred to as the
department, shall find it to be for the best interests of the
state of Washington to acquire any property or use of a road
in private ownership to afford access to state timber and
other valuable material for the purpose of developing, caring
for or selling the same, the acquisition of such property, or
use thereof, is hereby declared to be necessary for the public
use of the state of Washington, and said department is
hereby authorized to acquire such property or the use of such
roads by gift, purchase, exchange or condemnation, and
subject to all of the terms and conditions of such gift,
purchase, exchange or decree of condemnation to maintain
such property or roads as part of the department’s land
management road system. [1963 c 140 § 1; 1945 c 239 § 1;
Rem. Supp. 1945 § 5823-30.]
Eminent domain: State Constitution Art. 1 § 16; chapter 8.04 RCW.
State lands subject to easements for removal of materials: RCW 79.01.312
and 79.36.230.
76.16.020 Condemnation—Duty of attorney general.
The attorney general of the state of Washington is hereby
required and authorized to condemn said property interests
found to be necessary for the public purposes of the state of
Washington, as provided in RCW 76.16.010, and upon being
furnished with a certified copy of the resolution of the
[Title 76 RCW—page 49]
76.16.020
Title 76 RCW: Forests and Forest Products
department, describing said property interests found to be
necessary for the purposes set forth in RCW 76.16.010, the
attorney general shall immediately take steps to acquire said
property interests by exercising the state’s right of eminent
domain under the provisions of chapter 8.04 RCW, and in
any condemnation action herein authorized, the resolution so
describing the property interests found to be necessary for
the purposes set forth above shall, in the absence of a
showing of bad faith, arbitrary, capricious or fraudulent
action, be conclusive as to the public use and real necessity
for the acquisition of said property interests for a public
purpose, and said property interests shall be awarded to the
state without the necessity of either pleading or proving that
the department was unable to agree with the owner or
owners of said private property interest for its purchase.
Any condemnation action herein authorized shall have
precedence over all actions, except criminal actions, and
shall be summarily tried and disposed of. [1963 c 140 § 2;
1945 c 239 § 2; Rem. Supp. 1945 § 5823-31.]
76.16.030 Disposal of property interests acquired
under this chapter. In the event the department should
determine that the property interests acquired under the authority of this chapter are no longer necessary for the
purposes for which they were acquired, the department shall
dispose of the same in the following manner, when in the
discretion of the department it is to the best interests of the
state of Washington to do so, except that property purchased
with educational funds or held in trust for educational
purposes shall be sold only in the same manner as are public
lands of the state:
(1) Where the state property necessitating the acquisition
of private property interests for access purposes under
authority of this chapter is sold or exchanged, said acquired
property interests may be sold or exchanged as an appurtenance of said state property when it is determined by the department that sale or exchange of said state property and
acquired property interests as one parcel is in the best
interests of the state.
(2) If said acquired property interests are not sold or
exchanged as provided in the preceding subsection, the
department shall notify the person or persons from whom the
property interest was acquired, stating that said property
interests are to be sold, and that said person or persons shall
have the right to purchase the same at the appraised price.
Said notice shall be given by registered letter or certified
mail, return receipt requested, mailed to the last known
address of said person or persons. If the address of said
person or persons is unknown, said notice shall be published
twice in an official newspaper of general circulation in the
county where the lands or a portion thereof is located. The
second notice shall be published not less than ten nor more
than thirty days after the notice is first published. Said
person or persons shall have thirty days after receipt of the
registered letter or five days after the last date of publication,
as the case may be, to notify the department, in writing, of
their intent to purchase the offered property interest. The
purchaser shall include with his notice of intention to
purchase, cash payment, certified check or money order in
an amount not less than one-third of the appraised price. No
instrument conveying property interests shall issue from the
[Title 76 RCW—page 50]
department until the full price of the property is received by
said department. All costs of publication required under this
section shall be added to the appraised price and collected by
the department upon sale of said property interests.
(3) If said property interests are not sold or exchanged
as provided in the preceding subsections, the department
shall notify the owners of land abutting said property
interests in the same manner as provided in the preceding
subsection and their notice of intent to purchase shall be
given in the manner and in accordance with the same time
limits as are set forth in the preceding subsection (2):
PROVIDED, That if more than one abutting owner gives
notice of intent to purchase said property interests the
department shall apportion them in relation to the lineal
footage bordering each side of the property interests to be
sold, and apportion the costs to the interested purchasers in
relation thereto: PROVIDED FURTHER, That no sale is
authorized by this section unless the department is satisfied
that the amounts to be received from the several purchasers
will equal or exceed the appraised price of the entire parcel
plus any costs of publishing notices.
(4) If no sale or exchange is consummated as provided
in subsections (1), (2) and (3) hereof, the department shall
sell said properties in the same manner as public lands of the
state of Washington are sold.
(5) Any disposal of property interests authorized by this
chapter shall be subject to any existing rights previously
granted by the department. [1963 c 140 § 3; 1945 c 239 §
3; Rem. Supp. 1945 § 5823-32.]
76.16.040 Acquisition—Payment—Moneys available
to department. The department in acquiring any property
interests under the provisions of this chapter, either by
purchase or condemnation, is hereby authorized to pay for
the same out of any moneys available to the department of
natural resources for this purpose. [1963 c 140 § 4; 1945 c
239 § 4; Rem. Supp. 1945 § 5823-33.]
Chapter 76.20
FIREWOOD ON STATE LANDS
Sections
76.20.010
76.20.020
76.20.030
76.20.035
76.20.040
License to remove firewood authorized.
Removal only for personal use.
Issuance of license—Fee—Limit on amount removed.
Removal of firewood without charge—Authorization.
Penalty.
76.20.010 License to remove firewood authorized.
The department of natural resources may issue licenses to
residents of this state to enter upon lands under the administration or jurisdiction of the department of natural
resources for the purpose of removing therefrom, standing or
downed timber which is unfit for any purpose except to be
used as firewood. [1975 c 10 § 1; 1945 c 97 § 1; Rem.
Supp. 1945 § 7797-40a.]
76.20.020 Removal only for personal use. In
addition to other matters which may be required to be
contained in the application for a license under this chapter
the applicant must certify that the wood so removed is to be
(2002 Ed.)
Firewood on State Lands
only for his own personal use and in his own home and that
he will not dispose of it to any other person. [1945 c 97 §
2; Rem. Supp. 1945 § 7797-40b.]
76.20.030 Issuance of license—Fee—Limit on
amount removed. The application may be made to the
department of natural resources, and if deemed proper, the
license may be issued upon the payment of two dollars and
fifty cents which shall be paid into the treasury of the state
by the officer collecting the same and placed in the resource
management cost account; the license shall be dated as of
the date of issuance and authorize the holder thereof to
remove between the dates so specified not more than six
cords of wood not fit for any use but as firewood for the use
of himself and family from the premises described in the
license under such regulations as the department of natural
resources may prescribe. [1975 c 10 § 2; 1945 c 97 § 3;
Rem. Supp. 1945 § 7797-40c.]
76.20.035 Removal of firewood without charge—
Authorization. Whenever the department of natural
resources determines that it is in the best interest of the state
and there will be a benefit to the lands involved or a state
program affecting such lands it may designate specific areas
and authorize the general public to enter upon lands under its
jurisdiction for the purposes of cutting and removing
standing or downed timber for use as firewood for the
personal use of the person so cutting and removing without
a charge under such terms and conditions as it may require.
[1975 c 10 § 3.]
76.20.040 Penalty. Any false statement made in the
application or any violation of the provisions of this chapter
shall constitute a gross misdemeanor and be punishable as
such. [1945 c 97 § 4; Rem. Supp. 1945 § 7797-40d.]
Chapter 76.36
MARKS AND BRANDS
Sections
76.36.010
76.36.020
76.36.035
76.36.060
76.36.070
76.36.090
76.36.100
76.36.110
76.36.120
76.36.130
76.36.140
76.36.160
76.36.900
Definitions.
Forest products to be marked.
Registration of brands—Assignments—Fee—Rules—
Penalty.
Impression of mark—Presumption.
Cancellation of registration.
Catch brands.
Right of entry to retake branded products.
Penalty for false branding, etc.
Forgery of mark, etc.—Penalty.
Sufficiency of mark.
Application of chapter to eastern Washington.
Deposit of fees—Use.
Severability—1925 ex.s. c 154.
76.36.010 Definitions. The words and phrases herein
used, unless the same be clearly contrary to or inconsistent
with the context of this chapter or the section in which used,
shall be construed as follows:
(1) "Booming equipment" includes boom sticks and
boom chains.
(2002 Ed.)
76.20.020
(2) "Brand" means a unique symbol or mark placed on
or in forest products for the purpose of identifying ownership.
(3) "Catch brand" means a mark or brand used by a
person as an identifying mark placed upon forest products
and booming equipment previously owned by another.
(4) "Department" means the department of natural
resources.
(5) "Forest products" means logs, spars, piles, and poles,
boom sticks, and shingle bolts and every form into which a
fallen tree may be cut before it is manufactured into lumber
or run through a sawmill, shingle mill, or tie mill, or cut into
cord wood, stove wood, or hewn ties.
(6) "Person" includes the plural and all corporations,
foreign and domestic, copartnerships, firms, and associations
of persons.
(7) "Waters of this state" includes any and all bodies of
fresh and salt water within the jurisdiction of the state
capable of being used for the transportation or storage of
forest products, including all rivers and lakes and their
tributaries, harbors, bays, bayous, and marshes. [2000 c 11
§ 16; 1984 c 60 § 1; 1925 ex.s. c 154 § 1; RRS § 8381-1.]
76.36.020 Forest products to be marked. Persons
who wish to identify any of their forest products which will
be stored or transported in or on the waters of the state shall
place a registered mark or brand in a conspicuous place on
each forest product item. Placement of the registered mark
or brand is prima facie evidence of ownership over forest
product items which have escaped from storage or transportation. Unbranded or unmarked stray logs or forest products
become the property of the state when recovered. [1984 c
60 § 2; 1925 ex.s. c 154 § 2; RRS § 8381-2. Prior: 1890
p 110 § 1.]
76.36.035 Registration of brands—Assignments—
Fee—Rules—Penalty. (1) All applications for brands, catch
brands, renewals, and assignments thereof shall be submitted
to and approved by the department prior to use. The department may refuse to approve any brand or catch brand which
is identical to or closely resembles a registered brand or
catch brand, or is in use by any other person or was not
selected in good faith for the marking or branding of forest
products. If approval is denied the applicant will select
another brand.
The registration for all existing brands or catch brands
shall expire on December 31, 1984, unless renewed prior to
that date. Renewals or new approved applications shall be
for five-year periods or portions thereof beginning on January 1, 1985. On or before September 30, 1984, and September 30th immediately preceding the end of each successive
five-year period the department shall notify by mail all
registered owners of brands or catch brands of the forthcoming expiration of their brands and the requirements for
renewal.
A fee of fifteen dollars shall be charged by the department for registration of all brands, catch brands, renewals or
assignments prior to January 1, 1985. Thereafter the fee
shall be twenty-five dollars.
Abandoned or canceled brands shall not be reissued for
a period of at least one year. The department shall deter[Title 76 RCW—page 51]
76.36.035
Title 76 RCW: Forests and Forest Products
mine the right to use brands or catch brands in dispute by
applicants.
(2) The department may adopt and enforce rules
implementing the provisions of this chapter. A violation of
any such rule shall constitute a misdemeanor unless the
department has specified by rule, when not inconsistent with
applicable statutes, that violation of a specific rule is an
infraction under chapter 7.84 RCW. [1987 c 380 § 18; 1984
c 60 § 8.]
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
76.36.060 Impression of mark—Presumption. All
forest products and booming equipment having impressed
thereupon a registered mark or brand are presumed to belong
to the person appearing on the records of the department as
the owner of such mark or brand. All forest products having
impressed thereupon a registered catch brand are presumed
to belong to the owner of the registered catch brand, unless
there is impressed thereupon more than one registered catch
brand, in which event they are presumed to belong to the
owner whose registered catch brand was placed thereupon
latest in point of time. [1984 c 60 § 3; 1957 c 36 § 4; 1925
ex.s. c 154 § 6; RRS § 8381-6. Prior: 1890 p 111 § 4.]
76.36.070 Cancellation of registration. The department, upon the petition of the owner of a registered mark or
brand, may cancel the registration in which case the mark or
brand shall be open to registration by any person subsequently applying therefor. [1984 c 60 § 4; 1957 c 36 § 5;
1925 ex.s. c 154 § 7; RRS § 8381-7.]
76.36.090 Catch brands. A person desiring to use a
catch brand as an identifying mark upon forest products or
booming equipment purchased or lawfully acquired from
another, shall before using it, make application for the registration thereof to the department in the manner prescribed for
the registration of other marks or brands as herein required.
The provisions contained in this chapter in reference to
registration, certifications, assignment, and cancellation, and
the fees to be paid to the department shall apply equally to
catch brands. The certificate of the department shall
designate the mark or brand as a catch brand, and the mark
or brand selected by the applicant as a catch brand shall be
inclosed in the letter C, which shall identify the mark or
brand as, and shall be used only in connection with, a catch
brand. [1984 c 60 § 5; 1957 c 36 § 6; 1925 ex.s. c 154 § 9;
RRS § 8381-9.]
76.36.100 Right of entry to retake branded products. The owner of any mark or brand registered as herein
provided, by himself or his duly authorized agent or representative, shall have a lawful right, at any time and in any
peaceable manner, to enter into or upon any tidelands,
marshes and beaches of this state and any mill, mill yard,
mill boom, rafting or storage grounds and any forest products or raft or boom thereof, for the purpose of searching for
any forest products and booming equipment having impressed thereupon or cut therein a registered mark or brand
belonging to him and to retake any forest products and
[Title 76 RCW—page 52]
booming equipment so found by him. [1925 ex.s. c 154 §
10; RRS § 8381-10. Prior: 1901 c 123 § 4.]
76.36.110 Penalty for false branding, etc. Every
person:
(1) Except boom companies organized as corporations
for the purpose of catching or reclaiming and holding or
disposing of forest products for the benefit of the owners,
and authorized to do business under the laws of this state,
who has or takes in tow or into custody or possession or
under control, without the authorization of the owner of a
registered mark or brand thereupon, any forest products or
booming equipment having thereupon a mark or brand registered as required by the terms of this chapter, or, with or
without such authorization, any forest products or booming
equipment which may be branded under the terms of this
chapter with a registered mark or brand and having no
registered mark or brand impressed thereupon or cut therein;
or,
(2) Who impresses upon or cut in any forest products or
booming equipment a mark or brand that is false, forged or
counterfeit; or,
(3) Who interferes with, prevents, or obstructs the owner
of any registered mark or brand, or his or her duly authorized agent or representative, entering into or upon any
tidelands, marshes or beaches of this state or any mill, mill
site, mill yard or mill boom or rafting or storage grounds or
any forest products or any raft or boom thereof for the
purpose of searching for forest products and booming
equipment having impressed thereupon a registered mark or
brand belonging to him or her or retaking any forest products or booming equipment so found by him or her; or,
(4) Who impresses or cuts a catch brand that is not
registered under the terms of this chapter upon or into any
forest products or booming equipment upon which there is
a registered mark or brand as authorized by the terms of this
chapter or a catch brand, whether registered or not, upon any
forest products or booming equipment that was not purchased or lawfully acquired by him or her from the owner;
is guilty of a gross misdemeanor. [1994 c 163 § 1; 1984 c
60 § 6; 1925 ex.s. c 154 § 11; RRS § 8381-11. Prior: 1890
p 112 § 8.]
76.36.120 Forgery of mark, etc.—Penalty. Every
person who, with an intent to injure or defraud the owner:
(1) Shall falsely make, forge or counterfeit a mark or
brand registered as herein provided and use it in marking or
branding forest products or booming equipment; or,
(2) Shall cut out, destroy, alter, deface, or obliterate any
registered mark or brand impressed upon or cut into any
forest products or booming equipment; or,
(3) Shall sell, encumber or otherwise dispose of or deal
in, or appropriate to his own use, any forest products or
booming equipment having impressed thereupon a mark or
brand registered as required by the terms of this chapter; or
(4) Shall buy or otherwise acquire or deal in any forest
products or booming equipment having impressed thereupon
a registered mark or brand;
Shall be guilty of a felony. [1925 ex.s. c 154 § 12;
RRS § 8381-12. Prior: 1890 p 111 §§ 6, 7.]
(2002 Ed.)
Marks and Brands
76.36.130
76.36.130 Sufficiency of mark. A mark or brand cut
in boom sticks with an ax or other sharp instrument shall be
sufficient for the purposes of this chapter if it substantially
conforms to the impression or drawing and written description on file with the department. [1988 c 128 § 47; 1957 c
36 § 7; 1925 ex.s. c 154 § 13; RRS § 8381-13.]
76.42.010 Removal of debris authorized—
Enforcement of chapter—Department of natural resources. This chapter authorizes the removal of wood debris from
navigable waters of the state of Washington. It shall be the
duty of the department of natural resources to administer and
enforce the provisions of this chapter. [1973 c 136 § 2.]
76.36.140 Application of chapter to eastern Washington. In view of the different conditions existing in the
logging industry of this state between the parts of the state
lying respectively east and west of the crest of the Cascade
mountains, forest products may be put into the water of this
state or shipped on common carrier railroads without having
thereon a registered mark or brand, as herein required, within
that portion of the state lying east of the crest of the Cascade
mountains and composed of the following counties to wit:
Adams, Asotin, Benton, Chelan, Columbia, Douglas, Ferry,
Franklin, Garfield, Grant, Kittitas, Klickitat, Lincoln,
Okanogan, Pend Oreille, Spokane, Stevens, Walla Walla,
Whitman, and Yakima; and the penalties herein provided for
failure to mark or brand such forest products shall not apply:
PROVIDED, That any person operating within such east
portion of the state may select a mark or brand and cause it
to be registered with the department pursuant to the terms of
this chapter, and use it for the purpose of marking or
branding forest products and booming equipment, and, in the
event of the registration of such mark or brand and the use
of it in marking or branding forest products or booming
equipment, the provisions hereof shall apply as to the forest
products and booming equipment so marked or branded.
[1988 c 128 § 48; 1957 c 36 § 8; 1925 ex.s. c 154 § 14;
RRS § 8381-14.]
76.42.020 Definitions. (1) "Removal" as used in this
chapter shall include all activities necessary for the collection
and disposal of such wood debris: PROVIDED, That
nothing herein provided shall permit removal of wood debris
from private property without written consent of the owner.
(2) "Wood debris" as used in this chapter is wood that
is adrift on navigable waters or has been adrift thereon and
stranded on beaches, marshes, or tidal and shorelands. [2000
c 11 § 17; 1994 c 163 § 2; 1973 c 136 § 3.]
76.36.160 Deposit of fees—Use. The department
shall deposit all moneys received under this chapter in the
general fund to be used exclusively for the administration of
this chapter by the department. [1984 c 60 § 7; 1957 c 36
§ 10.]
76.36.900 Severability—1925 ex.s. c 154. If any
section or provision of this chapter shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect
the validity of the chapter as a whole or any section,
provision, or part thereof not adjudged invalid or unconstitutional. [1925 ex.s. c 154 § 15; RRS § 8381-15.]
Chapter 76.42
WOOD DEBRIS—REMOVAL
FROM NAVIGABLE WATERS
Sections
76.42.010
76.42.020
76.42.030
76.42.060
76.42.070
Navigation
(2002 Ed.)
Removal of debris authorized—Enforcement of chapter—
Department of natural resources.
Definitions.
Removal of wood debris—Authorized.
Navigable waters—Unlawful to deposit wood debris into—
Exception.
Rules and regulations—Administration of chapter—
Authority to adopt and enforce.
and harbor improvements: Title 88 RCW.
76.42.030 Removal of wood debris—Authorized.
The department of natural resources may by contract,
license, or permit, or other arrangements, cause such wood
debris to be removed by private contractors, department of
natural resources employees, or by other public bodies.
Nothing contained in this chapter shall prohibit any individual from using any nonmerchantable wood debris for his own
personal use. [1994 c 163 § 3; 1973 c 136 § 4.]
76.42.060 Navigable waters—Unlawful to deposit
wood debris into—Exception. It shall be unlawful to
dispose of wood debris by depositing such material into any
of the navigable waters of this state, except as authorized by
law including any discharge or deposit allowed to be made
under and in compliance with chapter 90.48 RCW and any
rules duly adopted thereunder or any deposit allowed to be
made under and in compliance with chapter 76.09 or *75.46
RCW and any rules duly adopted under those chapters.
Violation of this section shall be a misdemeanor. [1999 sp.s.
c 4 § 601; 1973 c 136 § 7.]
*Reviser’s note: Chapter 75.46 RCW was recodified as chapter 77.85
RCW by 2000 c 107. See Comparative Table for that chapter in the Table
of Disposition of Former RCW Sections, Volume 0.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
76.42.070 Rules and regulations—Administration of
chapter—Authority to adopt and enforce. The department
of natural resources shall adopt and enforce such rules and
regulations as may be deemed necessary for administering
this chapter. [1973 c 136 § 8.]
Chapter 76.44
INSTITUTE OF FOREST RESOURCES
Sections
76.44.010
76.44.020
76.44.030
76.44.040
76.44.050
Institute created.
Administration of institute.
Duties.
Dissemination of research results.
Contributions may be accepted.
76.44.010 Institute created. There is hereby created
the institute of forest resources of the state of Washington
[Title 76 RCW—page 53]
76.44.010
Title 76 RCW: Forests and Forest Products
which shall operate under the authority of the board of
regents of the University of Washington. [1979 c 50 § 1;
1947 c 177 § 1; Rem. Supp. 1947 § 10831-1.]
Severability—1979 c 50: "If any provision of this amendatory act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 c 50 § 8.]
76.48.070
76.48.075
76.48.080
76.48.085
76.48.086
76.48.094
76.48.096
76.44.020 Administration of institute. The institute
of forest resources shall be administered by the dean of the
college of forest resources of the University of Washington
who shall also be the director of the institute. [1988 c 81 §
21; 1979 c 50 § 2; 1959 c 306 § 1; 1947 c 177 § 2; Rem.
Supp. 1947 § 10831-2.]
76.48.098
Severability—1979 c 50: See note following RCW 76.44.010.
76.48.130
76.48.140
76.48.200
76.48.900
76.48.901
76.48.902
76.48.910
76.44.030 Duties. The institute of forest resources
shall pursue research and education related to the forest
resource and its multiple use including its conservation,
management and utilization; its evaluation of forest land use
and the maintenance of its rural environment; the manufacture and marketing of forest products and the provision of
recreation and aesthetic values.
In pursuit of these objectives, the institute of forest
resources is authorized to cooperate with other universities,
state and federal agencies, industrial institutions, domestic or
foreign, where such cooperation advances these objectives.
[1979 c 50 § 5; 1947 c 177 § 3; Rem. Supp. 1947 § 108313.]
Severability—1979 c 50: See note following RCW 76.44.010.
76.44.040 Dissemination of research results. The
results of any research undertaken by the institute or in
which the institute participates shall be available to all
industries and citizens of the state of Washington and the
institute is authorized to disseminate such information.
[1979 c 50 § 6; 1947 c 177 § 4; Rem. Supp. 1947 § 108314.]
Severability—1979 c 50: See note following RCW 76.44.010.
76.44.050 Contributions may be accepted. The
institute is authorized to solicit and/or accept funds through
grants, contracts, or institutional consulting arrangements for
the prosecution of any research or education activity which
it may undertake in pursuit of its objectives. [1979 c 50 §
7; 1947 c 177 § 5; Rem. Supp. 1947 § 10831-5.]
Severability—1979 c 50: See note following RCW 76.44.010.
Chapter 76.48
SPECIALIZED FOREST PRODUCTS
Sections
76.48.010
76.48.020
76.48.030
76.48.040
76.48.050
76.48.060
76.48.062
Declaration of public interest.
Definitions.
Unlawful acts.
Agencies responsible for enforcement of chapter.
Specialized forest products permits—Expiration—
Specifications.
Specialized forest products permits—Required—Forms—
Filing.
Validation of specialized forest product permits—Authorized
agents.
[Title 76 RCW—page 54]
76.48.100
76.48.110
76.48.120
Transporting or possessing cedar or other specialized forest
products—Requirements.
Specialized forest products from out-of-state.
Contents of authorization, sales invoice, or bill of lading.
Purchase of specialized forest products—Required records.
Records of buyers available for research.
Cedar processors—Records of purchase, possession or retention of cedar products and salvage.
Cedar processors—Obtaining from suppliers not having
specialized forest products permit unlawful.
Cedar processors—Display of valid registration certificate
required.
Exemptions.
Violations—Seizure and disposition of products—
Disposition of proceeds.
False, fraudulent, stolen or forged specialized forest products
permit, sales invoice, bill of lading, etc.—Penalty.
Penalties.
Disposition of fines.
Assistance and training for minority groups.
Severability—1967 ex.s. c 47.
Severability—1977 ex.s. c 147.
Severability—1979 ex.s. c 94.
Saving—1967 ex.s. c 47.
76.48.010 Declaration of public interest. It is in the
public interest of this state to protect a great natural resource
and to provide a high degree of protection to the landowners
of the state of Washington from the theft of specialized
forest products. [1967 ex.s. c 47 § 2.]
76.48.020 Definitions. Unless otherwise required by
the context, as used in this chapter:
(1) "Authorization" means a properly completed
preprinted form authorizing the transportation or possession
of Christmas trees which contains the information required
by RCW 76.48.080, a sample of which is filed before the
harvesting occurs with the sheriff of the county in which the
harvesting is to occur.
(2) "Cascara bark" means the bark of a Cascara tree.
(3) "Cedar processor" means any person who purchases,
takes, or retains possession of cedar products or cedar
salvage for later sale in the same or modified form following
removal and delivery from the land where harvested.
(4) "Cedar products" means cedar shakeboards, shake
and shingle bolts, and rounds one to three feet in length.
(5) "Cedar salvage" means cedar chunks, slabs, stumps,
and logs having a volume greater than one cubic foot and
being harvested or transported from areas not associated with
the concurrent logging of timber stands (a) under a forest
practices application approved or notification received by the
department of natural resources, or (b) under a contract or
permit issued by an agency of the United States government.
(6) "Christmas trees" means any evergreen trees or the
top thereof, commonly known as Christmas trees, with limbs
and branches, with or without roots, including fir, pine,
spruce, cedar, and other coniferous species.
(7) "Cut or picked evergreen foliage," commonly known
as brush, means evergreen boughs, huckleberry, salal, fern,
Oregon grape, rhododendron, mosses, bear grass, scotch
broom (Cytisus scoparius), and other cut or picked evergreen
products. "Cut or picked evergreen foliage" does not mean
cones or seeds.
(8) "Harvest" means to separate, by cutting, prying,
picking, peeling, breaking, pulling, splitting, or otherwise
removing, a specialized forest product (a) from its physical
(2002 Ed.)
Specialized Forest Products
connection or contact with the land or vegetation upon which
it is or was growing or (b) from the position in which it is
lying upon the land.
(9) "Harvest site" means each location where one or
more persons are engaged in harvesting specialized forest
products close enough to each other that communication can
be conducted with an investigating law enforcement officer
in a normal conversational tone.
(10) "Landowner" means, with regard to real property,
the private owner, the state of Washington or any political
subdivision, the federal government, or a person who by
deed, contract, or lease has authority to harvest and sell forest products of the property. "Landowner" does not include
the purchaser or successful high bidder at a public or private
timber sale.
(11) "Native ornamental trees and shrubs" means any
trees or shrubs which are not nursery grown and which have
been removed from the ground with the roots intact.
(12) "Permit area" means a designated tract of land that
may contain single or multiple harvest sites.
(13) "Person" includes the plural and all corporations,
foreign or domestic, copartnerships, firms, and associations
of persons.
(14) "Processed cedar products" means cedar shakes,
shingles, fence posts, hop poles, pickets, stakes, rails, or
rounds less than one foot in length.
(15) "Sheriff" means, for the purpose of validating
specialized forest products permits, the county sheriff, deputy
sheriff, or an authorized employee of the sheriff’s office or
an agent of the office.
(16) "Specialized forest products" means Christmas
trees, native ornamental trees and shrubs, cut or picked
evergreen foliage, cedar products, cedar salvage, processed
cedar products, wild edible mushrooms, and Cascara bark.
(17) "Specialized forest products permit" means a
printed document in a form specified by the department of
natural resources, or true copy thereof, that is signed by a
landowner or his or her authorized agent or representative,
referred to in this chapter as "permittors" and validated by
the county sheriff and authorizes a designated person,
referred to in this chapter as "permittee," who has also
signed the permit, to harvest and transport a designated
specialized forest product from land owned or controlled and
specified by the permittor and that is located in the county
where the permit is issued.
(18) "Transportation" means the physical conveyance of
specialized forest products outside or off of a harvest site by
any means.
(19) "True copy" means a replica of a validated specialized forest products permit as reproduced by a copy machine
capable of effectively reproducing the information contained
on the permittee’s copy of the specialized forest products
permit. A copy is made true by the permittee or the permittee and permittor signing in the space provided on the
face of the copy. A true copy will be effective until the
expiration date of the specialized forest products permit
unless the permittee or the permittee and permittor specify
an earlier date. A permittor may require the actual signatures of both the permittee and permittor for execution of a
true copy by so indicating in the space provided on the
original copy of the specialized forest products permit. A
permittee, or, if so indicated, the permittee and permittor,
(2002 Ed.)
76.48.020
may condition the use of the true copy to harvesting only,
transportation only, possession only, or any combination
thereof.
(20) "Wild edible mushrooms" means edible mushrooms
not cultivated or propagated by artificial means. [2000 c 11
§ 18; 1995 c 366 § 1; 1992 c 184 § 1; 1979 ex.s. c 94 § 1;
1977 ex.s. c 147 § 1; 1967 ex.s. c 47 § 3.]
Severability—1995 c 366: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 366 § 19.]
76.48.030 Unlawful acts. It is unlawful for any
person to:
(1) Harvest specialized forest products as described in
RCW 76.48.020, in the quantities specified in RCW
76.48.060, without first obtaining a validated specialized
forest products permit;
(2) Engage in activities or phases of harvesting specialized forest products not authorized by the permit; or
(3) Harvest specialized forest products in any lesser
quantities than those specified in RCW 76.48.060, as now or
hereafter amended, without first obtaining permission from
the landowner or his or her duly authorized agent or representative. [1995 c 366 § 2; 1979 ex.s. c 94 § 2; 1977 ex.s.
c 147 § 2; 1967 ex.s. c 47 § 4.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.040 Agencies responsible for enforcement of
chapter. Agencies charged with the enforcement of this
chapter shall include, but not be limited to, the Washington
state patrol, county sheriffs and their deputies, county or municipal police forces, authorized personnel of the United
States forest service, and authorized personnel of the
departments of natural resources and fish and wildlife.
Primary enforcement responsibility lies in the county sheriffs
and their deputies. The legislature encourages county
sheriffs’ offices to enter into interlocal agreements with these
other agencies in order to receive additional assistance with
their enforcement responsibilities. [1995 c 366 § 3; 1994 c
264 § 51; 1988 c 36 § 49; 1979 ex.s. c 94 § 3; 1977 ex.s. c
147 § 3; 1967 ex.s. c 47 § 5.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.050 Specialized forest products permits—
Expiration—Specifications. Specialized forest products
permits shall consist of properly completed permit forms
validated by the sheriff of the county in which the specialized forest products are to be harvested. Each permit shall
be separately numbered and the permits shall be issued by
consecutive numbers. All specialized forest products permits
shall expire at the end of the calendar year in which issued,
or sooner, at the discretion of the permittor. A properly
completed specialized forest products permit form shall
include:
(1) The date of its execution and expiration;
(2) The name, address, telephone number, if any, and
signature of the permittor;
(3) The name, address, telephone number, if any, and
signature of the permittee;
[Title 76 RCW—page 55]
76.48.050
Title 76 RCW: Forests and Forest Products
(4) The type of specialized forest products to be
harvested or transported;
(5) The approximate amount or volume of specialized
forest products to be harvested or transported;
(6) The legal description of the property from which the
specialized forest products are to be harvested or transported,
including the name of the county, or the state or province if
outside the state of Washington;
(7) A description by local landmarks of where the
harvesting is to occur, or from where the specialized forest
products are to be transported;
(8) The number from some type of valid picture
identification; and
(9) Any other condition or limitation which the
permittor may specify.
Except for the harvesting of Christmas trees, the permit
or true copy thereof must be carried by the permittee and
available for inspection at all times. For the harvesting of
Christmas trees only a single permit or true copy thereof is
necessary to be available at the harvest site. [1995 c 366 §
4; 1979 ex.s. c 94 § 4; 1977 ex.s. c 147 § 4; 1967 ex.s. c 47
§ 6.]
Severability—1995 c 366: See note following RCW 76.48.020.
permit. In the event a single land ownership is situated in
two or more counties, a specialized forest product permit
shall be completed as to the land situated in each county.
While engaged in harvesting of specialized forest products,
permittees, or their agents or employees, must have readily
available at each harvest site a valid permit or true copy of
the permit. [1995 c 366 § 5; 1992 c 184 § 2; 1979 ex.s. c
94 § 5; 1977 ex.s. c 147 § 5; 1967 ex.s. c 47 § 7.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.062 Validation of specialized forest product
permits—Authorized agents. County sheriffs may contract
with other entities to serve as authorized agents to validate
specialized forest product permits. These entities include the
United States forest service, the bureau of land management,
the department of natural resources, local police departments,
and other entities as decided upon by the county sheriffs’
departments. An entity that contracts with a county sheriff
to serve as an authorized agent to validate specialized forest
product permits may make reasonable efforts to verify the
information provided on the permit form such as the section,
township, and range of the area where harvesting is to occur.
[1995 c 366 § 15.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.060 Specialized forest products permits—
Required—Forms—Filing. A specialized forest products
permit validated by the county sheriff shall be obtained by
a person prior to harvesting from any lands, including his or
her own, more than five Christmas trees, more than five
native ornamental trees or shrubs, more than five pounds of
cut or picked evergreen foliage, any cedar products, cedar
salvage, processed cedar products, or more than five pounds
of Cascara bark, or more than three United States gallons of
a single species of wild edible mushroom and more than an
aggregate total of nine United States gallons of wild edible
mushrooms, plus one wild edible mushroom. Specialized
forest products permit forms shall be provided by the
department of natural resources, and shall be made available
through the office of the county sheriff to permittees or
permittors in reasonable quantities. A permit form shall be
completed in triplicate for each permittor’s property on
which a permittee harvests specialized forest products. A
properly completed permit form shall be mailed or presented
for validation to the sheriff of the county in which the
specialized forest products are to be harvested. Before a
permit form is validated by the sheriff, sufficient personal
identification may be required to reasonably identify the
person mailing or presenting the permit form and the sheriff
may conduct other investigations as deemed necessary to
determine the validity of the information alleged on the
form. When the sheriff is reasonably satisfied as to the truth
of the information, the form shall be validated with the
sheriff’s validation stamp. Upon validation, the form shall
become the specialized forest products permit authorizing the
harvesting, possession, or transportation of specialized forest
products, subject to any other conditions or limitations which
the permittor may specify. Two copies of the permit shall
be given or mailed to the permittor, or one copy shall be
given or mailed to the permittor and the other copy given or
mailed to the permittee. The original permit shall be
retained in the office of the county sheriff validating the
[Title 76 RCW—page 56]
76.48.070 Transporting or possessing cedar or other
specialized forest products—Requirements. (1) Except as
provided in RCW 76.48.100 and 76.48.075, it is unlawful for
any person (a) to possess, (b) to transport, or (c) to possess
and transport within the state of Washington, subject to any
other conditions or limitations specified in the specialized
forest products permit by the permittor, more than five
Christmas trees, more than five native ornamental trees or
shrubs, more than five pounds of cut or picked evergreen
foliage, any processed cedar products, or more than five
pounds of Cascara bark, or more than three gallons of a
single species of wild edible mushrooms and more than an
aggregate total of nine gallons of wild edible mushrooms,
plus one wild edible mushroom without having in his or her
possession a written authorization, sales invoice, bill of
lading, or specialized forest products permit or a true copy
thereof evidencing his or her title to or authority to have
possession of specialized forest products being so possessed
or transported.
(2) It is unlawful for any person either (a) to possess,
(b) to transport, or (c) to possess and transport within the
state of Washington any cedar products or cedar salvage
without having in his or her possession a specialized forest
products permit or a true copy thereof evidencing his or her
title to or authority to have possession of the materials being
so possessed or transported. [1995 c 366 § 6; 1992 c 184 §
3; 1979 ex.s. c 94 § 6; 1977 ex.s. c 147 § 6; 1967 ex.s. c 47
§ 8.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.075 Specialized forest products from out-ofstate. (1) It is unlawful for any person to transport or cause
to be transported into this state from any other state or
province specialized forest products, except those harvested
from that person’s own property, without: (a) First acquiring
and having readily available for inspection a document
(2002 Ed.)
Specialized Forest Products
indicating the true origin of the specialized forest products
as being outside the state, or (b) without acquiring a specialized forest products permit as provided in subsection (4) of
this section.
(2) Any person transporting or causing to be transported
specialized forest products into this state from any other state
or province shall, upon request of any person to whom the
specialized forest products are sold or delivered or upon
request of any law enforcement officer, prepare and sign a
statement indicating the true origin of the specialized forest
products, the date of delivery, and the license number of the
vehicle making delivery, and shall leave the statement with
the person making the request.
(3) It is unlawful for any person to possess specialized
forest products, transported into this state, with knowledge
that the products were introduced into this state in violation
of this chapter.
(4) When any person transporting or causing to be
transported into this state specialized forest products elects
to acquire a specialized forest products permit, the specialized forest products transported into this state shall be
deemed to be harvested in the county of entry, and the
sheriff of that county may validate the permit as if the
products were so harvested, except that the permit shall also
indicate the actual harvest site outside the state.
(5) A cedar processor shall comply with RCW
76.48.096 by requiring a person transporting specialized
forest products into this state from any other state or province to display a specialized forest products permit, or true
copy thereof, or other document indicating the true origin of
the specialized forest products as being outside the state.
The cedar processor shall make and maintain a record of the
purchase, taking possession, or retention of cedar products
and cedar salvage in compliance with RCW 76.48.094.
(6) If, under official inquiry, investigation, or other
authorized proceeding regarding specialized forest products
not covered by a valid specialized forest products permit or
other acceptable document, the inspecting law enforcement
officer has probable cause to believe that the specialized
forest products were harvested in this state or wrongfully
obtained in another state or province, the officer may take
into custody and detain, for a reasonable time, the specialized forest products, all supporting documents, invoices, and
bills of lading, and the vehicle in which the products were
transported until the true origin of the specialized forest
products can be determined. [1995 c 366 § 7; 1979 ex.s. c
94 § 15.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.080 Contents of authorization, sales invoice,
or bill of lading. The authorization, sales invoice, or bill of
lading required by RCW 76.48.070 shall specify:
(1) The date of its execution.
(2) The number and type of products sold or being
transported.
(3) The name and address of the owner, vendor, or
donor of the specialized forest products.
(4) The name and address of the vendee, donee, or
receiver of the specialized forest products.
(5) The location of origin of the specialized forest
products. [1979 ex.s. c 94 § 7; 1967 ex.s. c 47 § 9.]
76.48.075
76.48.085 Purchase of specialized forest products—
Required records. Buyers who purchase specialized forest
products are required to record (1) the permit number; (2)
the type of forest product purchased; (3) the permit holder’s
name; and (4) the amount of forest product purchased. The
buyer shall keep a record of this information for a period of
one year from the date of purchase and make the records
available for inspection by authorized enforcement officials.
The buyer of specialized forest products must record the
license plate number of the vehicle transporting the forest
products on the bill of sale, as well as the seller’s permit
number on the bill of sale. This section shall not apply to
transactions involving Christmas trees.
This section shall not apply to buyers of specialized
forest products at the retail sales level. [2000 c 11 § 19;
1995 c 366 § 14.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.086 Records of buyers available for research.
Records of buyers of specialized forest products collected
under the requirements of RCW 76.48.085 may be made
available to colleges and universities for the purpose of
research. [1995 c 366 § 16.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.094 Cedar processors—Records of purchase,
possession or retention of cedar products and salvage.
Cedar processors shall make and maintain a record of the
purchase, taking possession, or retention of cedar products
and cedar salvage for at least one year after the date of
receipt. The record shall be legible and shall include the
date of delivery, the license number of the vehicle delivering
the products, the driver’s name, and the specialized forest
products permit number or the information provided for in
RCW 76.48.075(5). The record must be made at the time
each delivery is made. [1979 ex.s. c 94 § 9; 1977 ex.s. c
147 § 11.]
76.48.096 Cedar processors—Obtaining from
suppliers not having specialized forest products permit
unlawful. It is unlawful for any cedar processor to purchase, take possession, or retain cedar products or cedar
salvage subsequent to the harvesting and prior to the retail
sale of the products, unless the supplier thereof displays a
specialized forest products permit, or true copy thereof that
appears to be valid, or obtains the information under RCW
76.48.075(5). [1995 c 366 § 8; 1979 ex.s. c 94 § 10; 1977
ex.s. c 147 § 12.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.098 Cedar processors—Display of valid
registration certificate required. Every cedar processor
shall prominently display a valid registration certificate, or
copy thereof, obtained from the department of revenue under
RCW 82.32.030 at each location where the processor
receives cedar products or cedar salvage.
Permittees shall sell cedar products or cedar salvage
only to cedar processors displaying registration certificates
which appear to be valid. [1995 c 366 § 9; 1979 ex.s. c 94
§ 11; 1977 ex.s. c 147 § 13.]
Severability—1995 c 366: See note following RCW 76.48.020.
(2002 Ed.)
[Title 76 RCW—page 57]
76.48.100
Title 76 RCW: Forests and Forest Products
76.48.100 Exemptions. The provisions of this chapter
do not apply to:
(1) Nursery grown products.
(2) Logs (except as included in the definition of "cedar
salvage" under RCW 76.48.020), poles, pilings, or other
major forest products from which substantially all of the
limbs and branches have been removed, and cedar salvage
when harvested concurrently with timber stands (a) under an
approved forest practices application or notification, or (b)
under a contract or permit issued by an agency of the United
States government.
(3) The activities of a landowner, his or her agent, or
representative, or of a lessee of land in carrying on noncommercial property management, maintenance, or improvements
on or in connection with the land of the landowner or lessee.
[1995 c 366 § 10; 1979 ex.s. c 94 § 12; 1977 ex.s. c 147 §
7; 1967 ex.s. c 47 § 11.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.110 Violations—Seizure and disposition of
products—Disposition of proceeds. Whenever any law
enforcement officer has probable cause to believe that a
person is harvesting or is in possession of or transporting
specialized forest products in violation of the provisions of
this chapter, he or she may, at the time of making an arrest,
seize and take possession of any specialized forest products
found. The law enforcement officer shall provide reasonable
protection for the specialized forest products involved during
the period of litigation or he or she shall dispose of the
specialized forest products at the discretion or order of the
court before which the arrested person is ordered to appear.
Upon any disposition of the case by the court, the court
shall make a reasonable effort to return the specialized forest
products to its rightful owner or pay the proceeds of any sale
of specialized forest products less any reasonable expenses
of the sale to the rightful owner. If for any reason, the
proceeds of the sale cannot be disposed of to the rightful
owner, the proceeds, less the reasonable expenses of the sale,
shall be paid to the treasurer of the county in which the
violation occurred. The county treasurer shall deposit the
same in the county general fund. The return of the specialized forest products or the payment of the proceeds of any
sale of products seized to the owner shall not preclude the
court from imposing any fine or penalty upon the violator
for the violation of the provisions of this chapter. [1995 c
366 § 11; 1979 ex.s. c 94 § 13; 1977 ex.s. c 147 § 8; 1967
ex.s. c 47 § 12.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.120 False, fraudulent, stolen or forged
specialized forest products permit, sales invoice, bill of
lading, etc.—Penalty. It is unlawful for any person, upon
official inquiry, investigation, or other authorized proceedings, to offer as genuine any paper, document, or other
instrument in writing purporting to be a specialized forest
products permit, or true copy thereof, authorization, sales
invoice, or bill of lading, or to make any representation of
authority to possess or conduct harvesting or transporting of
specialized forest products, knowing the same to be in any
manner false, fraudulent, forged, or stolen.
[Title 76 RCW—page 58]
Any person who knowingly or intentionally violates this
section is guilty of forgery, and shall be punished as a class
C felony providing for imprisonment in a state correctional
institution for a maximum term fixed by the court of not
more than five years or by a fine of not more than five
thousand dollars, or by both imprisonment and fine.
Whenever any law enforcement officer reasonably
suspects that a specialized forest products permit or true
copy thereof, authorization, sales invoice, or bill of lading is
forged, fraudulent, or stolen, it may be retained by the
officer until its authenticity can be verified. [1995 c 366 §
12; 1979 ex.s. c 94 § 14; 1977 ex.s. c 147 § 9; 1967 ex.s. c
47 § 13.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.130 Penalties. A person who violates a provision of this chapter, other than the provisions contained in
RCW 76.48.120, as now or hereafter amended, is guilty of
a gross misdemeanor and upon conviction thereof shall be
punished by a fine of not more than one thousand dollars or
by imprisonment in the county jail for not to exceed one
year or by both a fine and imprisonment. [1995 c 366 § 13;
1977 ex.s. c 147 § 10; 1967 ex.s. c 47 § 14.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.140 Disposition of fines. All fines collected for
violations of any provision of this chapter shall be paid into
the general fund of the county treasury of the county in
which the violation occurred. [1977 ex.s. c 147 § 15.]
76.48.200 Assistance and training for minority
groups. Minority groups have long been participants in the
specialized forest products industry. The legislature encourages agencies serving minority communities, communitybased organizations, refugee centers, social service agencies,
agencies and organizations with expertise in the specialized
forest products industry, and other interested groups to work
cooperatively to accomplish the following purposes:
(1) To provide assistance and make referrals on translation services and to assist in translating educational materials, laws, and rules regarding specialized forest products;
(2) To hold clinics to teach techniques for effective
picking; and
(3) To work with both minority and nonminority
permittees in order to protect resources and foster understanding between minority and nonminority permittees.
To the extent practicable within their existing resources,
the commission on Asian-American affairs, the commission
on Hispanic affairs, and the department of natural resources
are encouraged to coordinate this effort. [1995 c 366 § 17.]
Severability—1995 c 366: See note following RCW 76.48.020.
76.48.900 Severability—1967 ex.s. c 47. If any
section, provision, or part thereof of this chapter shall be
adjudged to be invalid or unconstitutional, such adjudication
shall not affect the validity of the chapter as a whole, or any
section, provision, or part thereof not adjudged invalid or
unconstitutional. [1967 ex.s. c 47 § 15.]
(2002 Ed.)
Specialized Forest Products
76.48.901 Severability—1977 ex.s. c 147. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 147 § 16.]
senate natural resources committees the private acres treated
as a result of this chapter. [1979 c 100 § 4.]
Chapter 76.56
CENTER FOR INTERNATIONAL TRADE IN
FOREST PRODUCTS
76.48.902 Severability—1979 ex.s. c 94. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 94 § 17.]
Sections
76.56.010
76.48.910 Saving—1967 ex.s. c 47. This chapter is
not intended to repeal or modify any provision of existing
law. [1967 ex.s. c 47 § 16.]
76.56.050
76.56.020
76.56.030
76.56.040
76.56.900
Chapter 76.52
COOPERATIVE FOREST MANAGEMENT
SERVICES ACT
Sections
76.52.010
76.52.020
76.52.030
76.52.040
Short title.
Contracts with landowners.
Extending department forest management services to landowners.
Disposition of funds from landowners.
76.52.010 Short title. This chapter shall be known
and cited as the "cooperative forest management services
act." [1979 c 100 § 1.]
76.52.020 Contracts with landowners. The department of natural resources may, by agreement, make available
to forest landowners, equipment, materials, and personnel for
the purpose of more intensively managing or protecting the
land when the department determines that such services are
not otherwise available at a cost which would encourage the
landowner to so avail himself, and that the use of department
equipment, materials, or personnel will not jeopardize the
management of state lands or other programs of the department. The department shall enter into a contractual agreement with the landowner for services rendered and shall
recover the costs thereof. [1979 c 100 § 2.]
76.52.030 Extending department forest management
services to landowners. The department may, by agreement, extend forest management services to private lands as
a condition of carrying out such services on state lands when
the private lands are adjacent to or in close proximity to the
state lands being treated. The agreement shall include
provisions requiring the parties to pay all costs attributable
to the conducting of the services on their respective lands.
[1979 c 100 § 3.]
76.52.040 Disposition of funds from landowners.
Costs recovered by the department as a result of extending
forest management practices to private lands shall be
credited to the program or programs providing the services.
The department will report by December 31 of each odd
numbered year up to and including 1985 to the house and
(2002 Ed.)
76.48.901
Center for international trade in forest products created at
the University of Washington.
Duties.
Director—Appointment.
Use of center’s programs, research, and advisory services—
Schedule of fees.
Solicitation of financial contributions and support—Annual
report—Use of other funds.
Severability—1985 c 122.
76.56.010 Center for international trade in forest
products created at the University of Washington. There
is created a center for international trade in forest products
at the University of Washington in the college of forest
resources, which shall be referred to in this chapter as "the
center." The center shall operate under the authority of the
board of regents of the University of Washington. [1985 c
122 § 1.]
76.56.020 Duties. The center shall:
(1) Coordinate the University of Washington’s college
of forest resources’ faculty and staff expertise to assist in:
(a) The development of research and analysis for
developing policies and strategies which will expand forestbased international trade, including a major focus on secondary manufacturing;
(b) The development of technology or commercialization support for manufactured products that will meet the
evolving needs of international customers;
(c) The development of research and analysis on other
factors critical to forest-based trade, including the quality and
availability of raw wood resources; and
(d) The coordination, development, and dissemination of
market and technical information relevant to international
trade in forest products, including a major focus on secondary manufacturing;
(2) Further develop and maintain computer data bases
on world-wide forest products production and trade in order
to monitor and report on trends significant to the Northwest
forest products industry and support the center’s research
functions; and coordinate this system with state, federal, and
private sector efforts to insure a cost-effective information
resource that will avoid unnecessary duplication;
(3) Monitor international forest products markets and
assess the status of the state’s forest products industry,
including the competitiveness of small and medium-sized
secondary manufacturing firms in the forest products industry, which for the purposes of this chapter shall be firms
with annual revenues of twenty-five million or less, and
including the increased exports of Washington-produced
products of small and medium-sized secondary manufacturing firms;
(4) Provide high-quality research and graduate education
and professional nondegree training in international trade in
[Title 76 RCW—page 59]
76.56.020
Title 76 RCW: Forests and Forest Products
forest products in cooperation with the University of
Washington’s graduate school of business administration, the
school of law, the Jackson school of international studies, the
Northwest policy center of the graduate school of public
administration, and other supporting academic units;
(5) Develop cooperative linkages with the international
marketing program for agricultural commodities and trade at
Washington State University, the international trade project
of the United States forest service, the department of natural
resources, the department of community, trade, and economic development, the small business export finance assistance
center, and other state and federal agencies to avoid duplication of effort and programs;
(6) Cooperate with personnel from the state’s community and technical colleges in their development of wood
products manufacturing and wood technology curriculum and
offer periodic workshops on wood products manufacturing,
wood technology, and trade opportunities to community
colleges and private educators and trainers;
(7) Provide for public dissemination of research,
analysis, and results of the center’s programs to all groups,
including direct assistance groups, through technical workshops, short courses, international and national symposia,
cooperation with private sector networks and marketing
associations, or other means, including appropriate publications;
(8) Establish an executive policy board, including
representatives of small and medium-sized businesses, with
at least fifty percent of its business members representing
small businesses with one hundred or fewer employees and
medium-sized businesses with one hundred to five hundred
employees. The executive policy board shall also include a
representative of the community and technical colleges,
representatives of state and federal agencies, and a representative of a wood products manufacturing network or trade
association of small and medium-sized wood product
manufacturers. The executive policy board shall provide
advice on: Overall policy direction and program priorities,
state and federal budget requests, securing additional
research funds, identifying priority areas of focus for research efforts, selection of projects for research, and dissemination of results of research efforts; and
(9) Establish advisory or technical committees for each
research program area, to advise on research program area
priorities, consistent with the international trade opportunities
achievable by the forest products sector of the state and
region, to help ensure projects are relevant to industry needs,
and to advise on and support effective dissemination of
research results. Each advisory or technical committee shall
include representatives of forest products industries that
might benefit from this research.
Service on the committees and the executive policy
board established in subsections (8) and (9) of this section
shall be without compensation but actual travel expenses
incurred in connection with service to the center may be
reimbursed from appropriated funds in accordance with
RCW 43.03.050 and 43.03.060. [1994 c 282 § 1; 1992 c
121 § 1; 1987 c 195 § 16; 1985 c 122 § 2.]
76.56.030 Director—Appointment. The center shall
be administered by a director appointed by the dean of the
college of forest resources of the University of Washington.
The director shall be a member of the professional staff of
that college. [1985 c 122 § 3.]
76.56.040 Use of center’s programs, research, and
advisory services—Schedule of fees. The governor, the
legislature, state agencies, and the public may use the
center’s programs, research, and advisory services as may be
needed. The center shall establish a schedule of fees for
actual services rendered. [1985 c 122 § 4.]
76.56.050 Solicitation of financial contributions and
support—Annual report—Use of other funds. The center
shall aggressively solicit financial contributions and support
from the forest products industry, federal and state agencies,
and other granting sources or through other arrangements to
assist in conducting its activities. Subject to RCW
40.07.040, the center shall report annually to the governor
and the legislature on its success in obtaining funding from
nonstate sources and on its accomplishments in meeting the
provisions of this chapter. It may also use separately
appropriated funds of the University of Washington for the
center’s activities. [1994 c 282 § 2; 1987 c 505 § 74; 1985
c 122 § 5.]
Effective date—1994 c 282: See note following RCW 76.56.020.
76.56.900 Severability—1985 c 122. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 122 § 6.]
Effective date—1994 c 282: "This act shall take effect July 1, 1994."
[1994 c 282 § 6.]
[Title 76 RCW—page 60]
(2002 Ed.)
Title 77
FISH AND WILDLIFE
Chapters
77.04
77.08
77.12
77.15
77.18
77.32
77.36
77.44
77.50
77.55
77.60
77.65
77.70
77.75
77.80
77.85
77.90
77.95
77.100
77.105
77.110
77.115
77.120
77.125
Department of fish and wildlife.
General terms defined.
Powers and duties.
Fish and wildlife enforcement code.
Game fish mitigation.
Licenses.
Wildlife damage.
Warm water game fish enhancement program.
Limitations on certain commercial fisheries.
Construction projects in state waters.
Shellfish.
Food fish and shellfish—Commercial licenses.
License limitation programs.
Compacts and other agreements.
Program to purchase fishing vessels and
licenses.
Salmon recovery.
Salmon enhancement facilities—Bond issue.
Salmon enhancement program.
Volunteer fish and wildlife enhancement
program.
Recreational salmon and marine fish enhancement program.
Salmon and steelhead trout—Management of
resources.
Aquaculture disease control.
Ballast water management.
Marine fin fish aquaculture programs.
Carrier or racing pigeons—Injury to: RCW 9.61.190 and 9.61.200.
Control of predatory birds injurious to agriculture: RCW 15.04.110
through 15.04.120.
Coyote getters—Use in killing of coyotes: RCW 9.41.185.
Hood Canal bridge, public sport fishing from: RCW 47.56.366.
Infractions: Chapter 7.84 RCW.
Operation and maintenance of fish collection facility on Toutle river: RCW
77.55.240.
Volunteer cooperative fish and wildlife enhancement program: Chapter
77.100 RCW.
Wildlife and recreation lands; funding of maintenance and operation:
Chapter 79A.20 RCW.
Chapter 77.04
DEPARTMENT OF FISH AND WILDLIFE
(Formerly: Department of wildlife)
Sections
77.04.010
77.04.012
77.04.013
77.04.020
77.04.030
(2002 Ed.)
Short title.
Mandate of department and commission.
Findings and intent.
Composition of department—Powers and duties.
Commission—Appointment.
77.04.040
77.04.055
77.04.060
Commission—Qualifications of members.
Commission—Duties.
Commission—Meetings—Officers—Compensation, travel
expenses.
77.04.080 Director—Qualifications—Duties—Salary.
77.04.090 Rule-making authority—Certified copy as evidence.
77.04.120 Director—Research—Reports.
77.04.130 Adoption and certification of rules.
77.04.140 Unofficial printings of laws or rules—Approval required.
77.04.150 Disabled hunters and fishers—Advisory committee—
Composition—Terms—Pilot project—Report to the
legislature.
77.04.160 Surplus salmon report.
77.04.170 Funding for fish stock protection or recovery programs—
Prioritization and selection process requirements—
Development of outcome-focused performance measures.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
77.04.010 Short title. This title is known and may be
cited as "Fish and Wildlife Code of the State of Washington." [2000 c 107 § 201; 1990 c 84 § 1; 1980 c 78 § 2;
1955 c 36 § 77.04.010. Prior: 1947 c 275 § 1; Rem. Supp.
1947 § 5992-11.]
Effective date—1980 c 78: "This act shall take effect on July 1,
1981." [1980 c 78 § 137.]
Intent, construction—1980 c 78: "In enacting this 1980 act, it is the
intent of the legislature to revise and reorganize the game code of this state
to clarify and improve the administration of the state’s game laws. Unless
the context clearly requires otherwise, the revisions made to the game code
by this act are not to be construed as substantive." [1980 c 78 § 1.]
Savings—1980 c 78: "This act shall not have the effect of terminating or in any way modifying any proceeding or liability, civil or criminal,
which exists on the effective date of this act." [1980 c 78 § 138.]
Severability—1980 c 78: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 78 § 139.]
77.04.012 Mandate of department and commission.
Wildlife, fish, and shellfish are the property of the state.
The commission, director, and the department shall preserve,
protect, perpetuate, and manage the wildlife and food fish,
game fish, and shellfish in state waters and offshore waters.
The department shall conserve the wildlife and food
fish, game fish, and shellfish resources in a manner that does
not impair the resource. In a manner consistent with this
goal, the department shall seek to maintain the economic
well-being and stability of the fishing industry in the state.
The department shall promote orderly fisheries and shall
enhance and improve recreational and commercial fishing in
this state.
The commission may authorize the taking of wildlife,
food fish, game fish, and shellfish only at times or places, or
in manners or quantities, as in the judgment of the commission does not impair the supply of these resources.
[Title 77 RCW—page 1]
77.04.012
Title 77 RCW: Fish and Wildlife
The commission shall attempt to maximize the public
recreational game fishing and hunting opportunities of all
citizens, including juvenile, disabled, and senior citizens.
Recognizing that the management of our state wildlife,
food fish, game fish, and shellfish resources depends heavily
on the assistance of volunteers, the department shall work
cooperatively with volunteer groups and individuals to
achieve the goals of this title to the greatest extent possible.
Nothing in this title shall be construed to infringe on the
right of a private property owner to control the owner’s
private property. [2000 c 107 § 2; 1983 1st ex.s. c 46 § 5;
1975 1st ex.s. c 183 § 1; 1949 c 112 § 3, part; Rem. Supp.
1949 § 5780-201, part. Formerly RCW 75.08.012,
43.25.020.]
State policy regarding improvement of recreational salmon fishing: See
note following RCW 77.65.150.
77.04.013 Findings and intent. The legislature
supports the recommendations of the state fish and wildlife
commission with regard to the commission’s responsibilities
in the merged department of fish and wildlife. It is the intent of the legislature that, beginning July 1, 1996, the
commission assume regulatory authority for food fish and
shellfish in addition to its existing authority for game fish
and wildlife. It is also the intent of the legislature to provide
to the commission the authority to review and approve
department agreements, to review and approve the
department’s budget proposals, to adopt rules for the
department, and to select commission staff and the director
of the department.
The legislature finds that all fish, shellfish, and wildlife
species should be managed under a single comprehensive set
of goals, policies, and objectives, and that the decisionmaking authority should rest with the fish and wildlife
commission. The commission acts in an open and deliberative process that encourages public involvement and increases public confidence in department decision making. [1995
1st sp.s. c 2 § 1 (Referendum Bill No. 45, approved November 7, 1995). Formerly RCW 75.08.013.]
Referral to electorate—1995 1st sp.s. c 2: "This act shall be
submitted to the people for their adoption and ratification, or rejection, at
the next succeeding general election to be held in this state, in accordance
with Article II, section 1 of the state Constitution, as amended, and the laws
adopted to facilitate the operation thereof." [1995 1st sp.s. c 2 § 46.]
Referendum Bill No. 45 was approved by the electorate at the November
7, 1995, election.
77.04.020 Composition of department—Powers and
duties. The department consists of the state fish and
wildlife commission and the director. The commission may
delegate to the director any of the powers and duties vested
in the commission. [2000 c 107 § 202; 1996 c 267 § 32;
1993 sp.s. c 2 § 59; 1987 c 506 § 4; 1980 c 78 § 3; 1955 c
36 § 77.04.020. Prior: 1947 c 275 § 2; Rem. Supp. 1947
§ 5992-12.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: "Washington’s fish
and wildlife resources are the responsibility of all residents of the state. We
all benefit economically, recreationally, and aesthetically from these
[Title 77 RCW—page 2]
resources. Recognizing the state’s changing environment, the legislature
intends to continue to provide opportunities for the people to appreciate
wildlife in its native habitat. However, the wildlife management in the state
of Washington shall not cause a reduction of recreational opportunity for
hunting and fishing activities. The paramount responsibility of the
department remains to preserve, protect, and perpetuate all wildlife species.
Adequate funding for proper management, now and for future generations,
is the responsibility of everyone.
The intent of the legislature is: (1) To allow the governor to select the
director of wildlife; (2) to retain the authority of the wildlife commission to
establish the goals and objectives of the department; (3) to insure a high
level of public involvement in the decision-making process; (4) to provide
effective communications among the commission, the governor, the
legislature, and the public; (5) to expand the scope of appropriate funding
for the management, conservation, and enhancement of wildlife; (6) to not
increase the cost of license, tag, stamp, permit, and punchcard fees prior to
January 1, 1990; and (7) for the commission to carry out any other
responsibilities prescribed by the legislature in this title." [1987 c 506 § 1.]
References—1987 c 506: "All references in the Revised Code of
Washington to the department of game, the game commission, the director
of game, and the game fund shall mean, respectively, the department of
wildlife, the wildlife commission, the director of wildlife, and the wildlife
fund." [1987 c 506 § 99.]
Continuation of rules, director, game commission—1987 c 506:
"Rules of the department of game existing prior to July 26, 1987, shall
remain in effect unless or until amended or repealed by the director of
wildlife or the wildlife commission pursuant to Title 77 RCW. The director
of game on July 26, 1987, shall continue as the director of wildlife until
resignation or removal in accordance with the provisions of RCW
43.17.020. The game commission on July 26, 1987, shall continue as the
wildlife commission." [1987 c 506 § 100.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.04.030 Commission—Appointment. The fish and
wildlife commission consists of nine registered voters of the
state. In January of each odd-numbered year, the governor
shall appoint with the advice and consent of the senate three
registered voters to the commission to serve for terms of six
years from that January or until their successors are appointed and qualified. If a vacancy occurs on the commission
prior to the expiration of a term, the governor shall appoint
a registered voter within sixty days to complete the term.
Three members shall be residents of that portion of the state
lying east of the summit of the Cascade mountains, and three
shall be residents of that portion of the state lying west of
the summit of the Cascade mountains. Three additional
members shall be appointed at-large. No two members may
be residents of the same county. The legal office of the
commission is at the administrative office of the department
in Olympia. [2001 c 155 § 1; 2000 c 107 § 203; 1994 c 264
§ 52; 1993 sp.s. c 2 § 60; 1987 c 506 § 5; 1981 c 338 § 11;
1980 c 78 § 4; 1955 c 36 § 77.04.030. Prior: 1947 c 275
§ 3; Rem. Supp. 1947 § 5992-13.]
Effective date—1993 sp.s. c 2 §§ 7, 60, 80, and 82-100: See RCW
77.105.100.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.04.040 Commission—Qualifications of members.
Persons eligible for appointment as members of the commission shall have general knowledge of the habits and distribution of fish and wildlife and shall not hold another state,
county, or municipal elective or appointive office. In
(2002 Ed.)
Department of Fish and Wildlife
making these appointments, the governor shall seek to
maintain a balance reflecting all aspects of fish and wildlife,
including representation recommended by organized groups
representing sportfishers, commercial fishers, hunters, private
landowners, and environmentalists. Persons eligible for
appointment as fish and wildlife commissioners shall comply
with the provisions of chapters 42.52 and 42.17 RCW.
[1995 1st sp.s. c 2 § 3 (Referendum Bill No. 45, approved
November 7, 1995); 1993 sp.s. c 2 § 61; 1987 c 506 § 6;
1980 c 78 § 5; 1955 c 36 § 77.04.040. Prior: 1947 c 275
§ 4; Rem. Supp. 1947 § 5992-14.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.04.055 Commission—Duties. (1) In establishing
policies to preserve, protect, and perpetuate wildlife, fish,
and wildlife and fish habitat, the commission shall meet
annually with the governor to:
(a) Review and prescribe basic goals and objectives
related to those policies; and
(b) Review the performance of the department in
implementing fish and wildlife policies.
The commission shall maximize fishing, hunting, and
outdoor recreational opportunities compatible with healthy
and diverse fish and wildlife populations.
(2) The commission shall establish hunting, trapping,
and fishing seasons and prescribe the time, place, manner,
and methods that may be used to harvest or enjoy game fish
and wildlife.
(3) The commission shall establish provisions regulating
food fish and shellfish as provided in RCW 77.12.047.
(4) The commission shall have final approval authority
for tribal, interstate, international, and any other department
agreements relating to fish and wildlife.
(5) The commission shall adopt rules to implement the
state’s fish and wildlife laws.
(6) The commission shall have final approval authority
for the department’s budget proposals.
(7) The commission shall select its own staff and shall
appoint the director of the department. The director and
commission staff shall serve at the pleasure of the commission. [2000 c 107 § 204; 1995 1st sp.s. c 2 § 4 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s.
c 2 § 62; 1990 c 84 § 2; 1987 c 506 § 7.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
(2002 Ed.)
77.04.040
77.04.060 Commission—Meetings—Officers—
Compensation, travel expenses. The commission shall hold
at least one regular meeting during the first two months of
each calendar quarter, and special meetings when called by
the chair and by five members. Five members constitute a
quorum for the transaction of business.
The commission at a meeting in each odd-numbered
year shall elect one of its members as chairman and another
member as vice chairman, each of whom shall serve for a
term of two years or until a successor is elected and qualified.
Members of the commission shall be compensated in
accordance with RCW 43.03.250. In addition, members are
allowed their travel expenses incurred while absent from
their usual places of residence in accordance with RCW
43.03.050 and 43.03.060. [1993 sp.s. c 2 § 63. Prior: 1987
c 506 § 8; 1987 c 114 § 1; 1984 c 287 § 110; 1980 c 78 §
6; 1977 c 75 § 89; 1975-’76 2nd ex.s. c 34 § 175; 1961 c
307 § 9; 1955 c 352 § 1; 1955 c 36 § 77.04.060; prior:
1949 c 205 § 1; 1947 c 275 § 6; Rem. Supp. 1949 § 599216.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
77.04.080 Director—Qualifications—Duties—Salary.
Persons eligible for appointment as director shall have
practical knowledge of the habits and distribution of fish and
wildlife. The director shall supervise the administration and
operation of the department and perform the duties prescribed by law and delegated by the commission. The
director shall carry out the basic goals and objectives
prescribed under RCW 77.04.055. The director may appoint
and employ necessary personnel. The director may delegate,
in writing, to department personnel the duties and powers
necessary for efficient operation and administration of the
department.
Only persons having general knowledge of the fisheries
and wildlife resources and of the commercial and recreational fishing industry in this state are eligible for appointment
as director. The director shall not have a financial interest
in the fishing industry or a directly related industry. The
director shall receive the salary fixed by the governor under
RCW 43.03.040.
The director is the ex officio secretary of the commission and shall attend its meetings and keep a record of its
business. [2000 c 107 § 205; 1995 1st sp.s. c 2 § 5 (Referendum Bill No. 45, approved November 7, 1995); 1993 sp.s.
c 2 § 64; 1987 c 506 § 9; 1980 c 78 § 8; 1955 c 36 §
77.04.080. Prior: 1947 c 275 § 8; Rem. Supp. 1947 §
5992-18.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
[Title 77 RCW—page 3]
77.04.080
Title 77 RCW: Fish and Wildlife
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.04.090 Rule-making authority—Certified copy as
evidence. The commission shall adopt permanent rules and
amendments to or repeals of existing rules by approval of a
majority of the members by resolution, entered and recorded
in the minutes of the commission: PROVIDED, That the
commission may not adopt rules after July 23, 1995, that are
based solely on a section of law stating a statute’s intent or
purpose, on the enabling provisions of the statute establishing the agency, or on any combination of such provisions, for statutory authority to adopt any rule. The commission shall adopt emergency rules by approval of a majority
of the members. The commission, when adopting emergency rules under RCW 77.12.150, shall adopt rules in
conformance with chapter 34.05 RCW. Judicial notice shall
be taken of the rules filed and published as provided in
RCW 34.05.380 and 34.05.210.
A copy of an emergency rule, certified as a true copy
by a member of the commission, the director, or by a person
authorized in writing by the director to make the certification, is admissible in court as prima facie evidence of the
adoption and validity of the rule. [1996 c 267 § 35; 1995 c
403 § 111; 1984 c 240 § 1; 1980 c 78 § 16; 1955 c 36 §
77.12.050. Prior: 1947 c 275 § 15; Rem. Supp. 1947 §
5992-25. Formerly RCW 77.12.050.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.04.120 Director—Research—Reports. (1) The
director shall investigate the habits, supply, and economic
use of food fish and shellfish in state and offshore waters.
(2) The director shall make an annual report to the
governor on the operation of the department and the statistics
of the fishing industry.
(3) Subject to RCW 40.07.040, the director shall provide
a comprehensive biennial report of all departmental operations to the chairs of the committees on natural resources of
the senate and house of representatives, the senate ways and
means committee, and the house of representatives appropriations committee, including one copy to the staff of each of
the committees, to reflect the previous fiscal period. The
format of the report shall be similar to reports issued by the
department from 1964-1970 and the report shall include, but
not be limited to, descriptions of all department activities including: Revenues generated, program costs, capital expenditures, personnel, special projects, new and ongoing
research, environmental controls, cooperative projects,
[Title 77 RCW—page 4]
intergovernmental agreements, and outlines of ongoing
litigation, recent court decisions and orders on major issues
with the potential for state liability. The report shall
describe the status of the resource and its recreational,
commercial, and tribal utilization. The report shall be made
available to the public. [2000 c 107 § 3; 1988 c 36 § 31;
1987 c 505 § 71; 1985 c 208 § 1; 1985 c 93 § 1; 1983 1st
ex.s. c 46 § 7; 1977 c 75 § 87; 1955 c 12 § 75.08.020.
Prior: 1949 c 112 § 7(3), (6), (7); Rem. Supp. 1949 § 5780206 (3), (6), (7). Formerly RCW 75.08.020.]
Director of fish and wildlife to develop proposals to reinstate salmon and
steelhead in Tilton and Cowlitz rivers: RCW 77.12.765.
77.04.130 Adoption and certification of rules. (1)
Rules of the commission shall be adopted by the commission
or a designee in accordance with chapter 34.05 RCW.
(2) Rules of the commission shall be admitted as
evidence in the courts of the state when accompanied by an
affidavit from the commission or a designee certifying that
the rule has been lawfully adopted and the affidavit is prima
facie evidence of the adoption of the rule.
(3) The commission may designate department employees to act on the commission’s behalf in the adoption and
certification of rules. [1995 1st sp.s. c 2 § 12 (Referendum
Bill No. 45, approved November 7, 1995); 1983 1st ex.s. c
46 § 16; 1973 c 93 § 1; 1955 c 12 § 75.08.090. Prior:
1949 c 112 § 6, part; Rem. Supp. 1949 § 5780-205, part.
Formerly RCW 75.08.090.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.04.140 Unofficial printings of laws or rules—
Approval required. Provisions of this title or rules of the
commission shall not be printed in a pamphlet unless the
pamphlet is clearly marked as an unofficial version. This
section does not apply to printings approved by the commission. [1995 1st sp.s. c 2 § 13 (Referendum Bill No. 45,
approved November 7, 1995); 1983 1st ex.s. c 46 § 17; 1955
c 12 § 75.08.110. Prior: 1949 c 112 § 16; Rem. Supp.
1949 § 5780-215. Formerly RCW 75.08.110.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.04.150 Disabled hunters and fishers—Advisory
committee—Composition—Terms—Pilot project—Report
to the legislature. (1) The commission must appoint an
advisory committee to generally represent the interests of
disabled hunters and fishers on matters including, but not
limited to, special hunts, modified sporting equipment, access
to public land, and hunting and fishing opportunities. The
advisory committee is composed of seven members, each
being a person with a disability. The advisory committee
members must represent the entire state. The members must
be appointed so that each of the six department administrative regions, as they existed on January 1, 2001, are represented with one resident on the advisory committee. One
additional member must be appointed at large. The chair of
the advisory committee must be a member of the advisory
(2002 Ed.)
Department of Fish and Wildlife
committee and shall be selected by the members of the
advisory committee.
(2) For the purposes of this section, a person with a
disability includes but is not limited to:
(a) A permanently disabled person who is not ambulatory over natural terrain without a prosthesis or assistive
device;
(b) A permanently disabled person who is unable to
walk without the use of assistance from a brace, cane,
crutch, wheelchair, scooter, walker, or other assistive device;
(c) A person who has a cardiac condition to the extent
that the person’s functional limitations are severe;
(d) A person who is restricted by lung disease to the
extent that the person’s functional limitations are severe;
(e) A person who is totally blind or visually impaired;
or
(f) A permanently disabled person with upper or lower
extremity impairments who does not have the use of one or
both upper or lower extremities.
(3) The members of the advisory committee are appointed for a four-year term. If a vacancy occurs on the advisory
committee prior to the expiration of a term, the commission
must appoint a replacement within sixty days to complete the
term.
(4) The advisory committee must meet at least semiannually, and may meet at other times as requested by a
majority of the advisory committee members for any express
purpose that directly relates to the duties set forth in subsection (1) of this section. A majority of members currently
serving on the advisory committee constitutes a quorum.
The department must provide staff support for all official
advisory committee meetings.
(5) Each member of the advisory committee shall serve
without compensation but may be reimbursed for travel
expenses as authorized in RCW 43.03.050 and 43.03.060.
(6) The members of the advisory committee, or individuals acting on their behalf, are immune from civil liability
for official acts performed in the course of their duties.
(7) The provisions of this section constitute a pilot
program that expires July 1, 2005. On December 1, 2004,
the commission shall present a report to the appropriate
legislative committees detailing the effectiveness of the
advisory committee, including[,] but not limited to, the
participation levels, general interest, quality of advice, and
recommendations as to the advisory committee’s continuance
or modification. [2001 c 312 § 1.]
77.04.160 Surplus salmon report. (1) The department shall prepare an annual surplus salmon report. This
report shall include the disposition of adult salmonids that
have returned to salmonid hatchery facilities operated under
the jurisdiction of the state that:
(a) Have not been harvested; and
(b) Were not allowed to escape for natural spawning.
(2) The report shall include, by species, the number and
estimated weight of surplus salmon and steelhead and a
description of the disposition of the adult carcasses including, but not limited to, the following categories:
(a) Disposed in landfills;
(b) Transferred to another government agency for
reproductive purposes;
(2002 Ed.)
77.04.150
(c) Sold to contract buyers in the round;
(d) Sold to contract buyers after spawning;
(e) Transferred to Native American tribes;
(f) Donated to food banks; and
(g) Used in stream nutrient enrichment programs.
(3) The report shall also include, by species, information
on the number of requests for viable salmon eggs, the
number of these requests that were granted and the number
that were denied, the geographic areas for which these requests were granted or denied, and a brief explanation given
for each denial of a request for viable salmon eggs.
(4) The report shall be included in the biennial state of
the salmon report required by RCW 77.85.020 and other
similar state reports on salmon.
(5) The report shall include an assessment of the
infrastructure needs and facility modifications necessary to
implement chapter 337, Laws of 2001. [2001 c 337 § 5.]
77.04.170 Funding for fish stock protection or
recovery programs—Prioritization and selection process
requirements—Development of outcome-focused performance measures. In administering programs funded with
moneys from the capital budget related to protection or
recovery of fish stocks, the department shall incorporate the
environmental benefits of a project into its prioritization and
selection process. The department shall also develop
appropriate outcome-focused performance measures to be
used both for management and performance assessment of
the program. To the extent possible, the department should
coordinate its performance measure system with other natural
resource-related agencies as defined in RCW 43.41.270. The
department shall consult with affected interest groups in
implementing this section. [2001 c 227 § 11.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
Chapter 77.08
GENERAL TERMS DEFINED
Sections
77.08.010
77.08.020
77.08.022
77.08.024
77.08.030
77.08.045
Definitions.
"Game fish" defined.
"Food fish" defined.
"Salmon" defined.
"Big game" defined.
Migratory waterfowl terms defined.
77.08.010 Definitions. As used in this title or rules
adopted under this title, unless the context clearly requires
otherwise:
(1) "Director" means the director of fish and wildlife.
(2) "Department" means the department of fish and
wildlife.
(3) "Commission" means the state fish and wildlife
commission.
(4) "Person" means and includes an individual; a
corporation; a public or private entity or organization; a
local, state, or federal agency; all business organizations,
including corporations and partnerships; or a group of two or
more individuals acting with a common purpose whether
acting in an individual, representative, or official capacity.
[Title 77 RCW—page 5]
77.08.010
Title 77 RCW: Fish and Wildlife
(5) "Fish and wildlife officer" means a person appointed
and commissioned by the director, with authority to enforce
this title and rules adopted pursuant to this title, and other
statutes as prescribed by the legislature. Fish and wildlife
officer includes a person commissioned before June 11,
1998, as a wildlife agent or a fisheries patrol officer.
(6) "Ex officio fish and wildlife officer" means a
commissioned officer of a municipal, county, state, or
federal agency having as its primary function the enforcement of criminal laws in general, while the officer is in the
appropriate jurisdiction. The term "ex officio fish and
wildlife officer" includes special agents of the national
marine fisheries service, state parks commissioned officers,
United States fish and wildlife special agents, department of
natural resources enforcement officers, and United States
forest service officers, while the agents and officers are
within their respective jurisdictions.
(7) "To hunt" and its derivatives means an effort to kill,
injure, capture, or harass a wild animal or wild bird.
(8) "To trap" and its derivatives means a method of
hunting using devices to capture wild animals or wild birds.
(9) "To fish," "to harvest," and "to take," and their
derivatives means an effort to kill, injure, harass, or catch a
fish or shellfish.
(10) "Open season" means those times, manners of
taking, and places or waters established by rule of the
commission for the lawful hunting, fishing, taking, or
possession of game animals, game birds, game fish, food
fish, or shellfish that conform to the special restrictions or
physical descriptions established by rule of the commission
or that have otherwise been deemed legal to hunt, fish, take,
harvest, or possess by rule of the commission. "Open
season" includes the first and last days of the established
time.
(11) "Closed season" means all times, manners of
taking, and places or waters other than those established by
rule of the commission as an open season. "Closed season"
also means all hunting, fishing, taking, or possession of
game animals, game birds, game fish, food fish, or shellfish
that do not conform to the special restrictions or physical
descriptions established by rule of the commission as an
open season or that have not otherwise been deemed legal to
hunt, fish, take, harvest, or possess by rule of the commission as an open season.
(12) "Closed area" means a place where the hunting of
some or all species of wild animals or wild birds is prohibited.
(13) "Closed waters" means all or part of a lake, river,
stream, or other body of water, where fishing or harvesting
is prohibited.
(14) "Game reserve" means a closed area where hunting
for all wild animals and wild birds is prohibited.
(15) "Bag limit" means the maximum number of game
animals, game birds, or game fish which may be taken,
caught, killed, or possessed by a person, as specified by rule
of the commission for a particular period of time, or as to
size, sex, or species.
(16) "Wildlife" means all species of the animal kingdom
whose members exist in Washington in a wild state. This
includes but is not limited to mammals, birds, reptiles,
amphibians, fish, and invertebrates. The term "wildlife" does
not include feral domestic mammals, old world rats and mice
[Title 77 RCW—page 6]
of the family Muridae of the order Rodentia, or those fish,
shellfish, and marine invertebrates classified as food fish or
shellfish by the director. The term "wildlife" includes all
stages of development and the bodily parts of wildlife
members.
(17) "Wild animals" means those species of the class
Mammalia whose members exist in Washington in a wild
state and the species Rana catesbeiana (bullfrog). The term
"wild animal" does not include feral domestic mammals or
old world rats and mice of the family Muridae of the order
Rodentia.
(18) "Wild birds" means those species of the class Aves
whose members exist in Washington in a wild state.
(19) "Protected wildlife" means wildlife designated by
the commission that shall not be hunted or fished.
(20) "Endangered species" means wildlife designated by
the commission as seriously threatened with extinction.
(21) "Game animals" means wild animals that shall not
be hunted except as authorized by the commission.
(22) "Fur-bearing animals" means game animals that
shall not be trapped except as authorized by the commission.
(23) "Game birds" means wild birds that shall not be
hunted except as authorized by the commission.
(24) "Predatory birds" means wild birds that may be
hunted throughout the year as authorized by the commission.
(25) "Deleterious exotic wildlife" means species of the
animal kingdom not native to Washington and designated as
dangerous to the environment or wildlife of the state.
(26) "Game farm" means property on which wildlife is
held or raised for commercial purposes, trade, or gift. The
term "game farm" does not include publicly owned facilities.
(27) "Person of disability" means a permanently
disabled person who is not ambulatory without the assistance
of a wheelchair, crutches, or similar devices.
(28) "Fish" includes all species classified as game fish
or food fish by statute or rule, as well as all fin fish not
currently classified as food fish or game fish if such species
exist in state waters. The term "fish" includes all stages of
development and the bodily parts of fish species.
(29) "Raffle" means an activity in which tickets bearing
an individual number are sold for not more than twenty-five
dollars each and in which a permit or permits are awarded
to hunt or for access to hunt big game animals or wild
turkeys on the basis of a drawing from the tickets by the
person or persons conducting the raffle.
(30) "Youth" means a person fifteen years old for
fishing and under sixteen years old for hunting.
(31) "Senior" means a person seventy years old or older.
(32) "License year" means the period of time for which
a recreational license is valid. The license year begins April
1st, and ends March 31st.
(33) "Saltwater" means those marine waters seaward of
river mouths.
(34) "Freshwater" means all waters not defined as
saltwater including, but not limited to, rivers upstream of the
river mouth, lakes, ponds, and reservoirs.
(35) "State waters" means all marine waters and fresh
waters within ordinary high water lines and within the
territorial boundaries of the state.
(36) "Offshore waters" means marine waters of the
Pacific Ocean outside the territorial boundaries of the state,
including the marine waters of other states and countries.
(2002 Ed.)
General Terms Defined
(37) "Concurrent waters of the Columbia river" means
those waters of the Columbia river that coincide with the
Washington-Oregon state boundary.
(38) "Resident" means a person who has maintained a
permanent place of abode within the state for at least ninety
days immediately preceding an application for a license, has
established by formal evidence an intent to continue residing
within the state, and who is not licensed to hunt or fish as a
resident in another state.
(39) "Nonresident" means a person who has not fulfilled
the qualifications of a resident.
(40) "Shellfish" means those species of marine and
freshwater invertebrates that have been classified and that
shall not be taken except as authorized by rule of the
commission. The term "shellfish" includes all stages of
development and the bodily parts of shellfish species.
(41) "Commercial" means related to or connected with
buying, selling, or bartering.
(42) "To process" and its derivatives mean preparing or
preserving fish, wildlife, or shellfish.
(43) "Personal use" means for the private use of the
individual taking the fish or shellfish and not for sale or
barter.
(44) "Angling gear" means a line attached to a rod and
reel capable of being held in hand while landing the fish or
a hand-held line operated without rod or reel.
(45) "Fishery" means the taking of one or more particular species of fish or shellfish with particular gear in a
particular geographical area.
(46) "Limited-entry license" means a license subject to
a license limitation program established in chapter 77.70
RCW.
(47) "Seaweed" means marine aquatic plant species that
are dependent upon the marine aquatic or tidal environment,
and exist in either an attached or free floating form, and
includes but is not limited to marine aquatic plants in the
classes Chlorophyta, Phaeophyta, and Rhodophyta.
(48) "Trafficking" means offering, attempting to engage,
or engaging in sale, barter, or purchase of fish, shellfish,
wildlife, or deleterious exotic wildlife.
(49) "Invasive species" means a plant species or a
nonnative animal species that either:
(a) Causes or may cause displacement of, or otherwise
threatens, native species in their natural communities;
(b) Threatens or may threaten natural resources or their
use in the state;
(c) Causes or may cause economic damage to commercial or recreational activities that are dependent upon state
waters; or
(d) Threatens or harms human health.
(50) "Prohibited aquatic animal species" means an
invasive species of the animal kingdom that has been
classified as a prohibited aquatic animal species by the commission.
(51) "Regulated aquatic animal species" means a
potentially invasive species of the animal kingdom that has
been classified as a regulated aquatic animal species by the
commission.
(52) "Unregulated aquatic animal species" means a
nonnative animal species that has been classified as an
unregulated aquatic animal species by the commission.
(2002 Ed.)
77.08.010
(53) "Unlisted aquatic animal species" means a nonnative animal species that has not been classified as a prohibited aquatic animal species, a regulated aquatic animal species,
or an unregulated aquatic animal species by the commission.
(54) "Aquatic plant species" means an emergent,
submersed, partially submersed, free-floating, or floatingleaving plant species that grows in or near a body of water
or wetland. [2002 c 281 § 2; 2001 c 253 § 10; 2000 c 107
§ 207; 1998 c 190 § 111; 1996 c 207 § 2; 1993 sp.s. c 2 §
66; 1989 c 297 § 7; 1987 c 506 § 11; 1980 c 78 § 9; 1955
c 36 § 77.08.010. Prior: 1947 c 275 § 9; Rem. Supp. 1947
§ 5992-19.]
Purpose—2002 c 281: "The legislature recognizes the potential
economic and environmental damage that can occur from the introduction
of invasive aquatic species. The purpose of this act is to increase public
awareness of invasive aquatic species and enhance the department of fish
and wildlife’s regulatory capability to address threats posed by these
species." [2002 c 281 § 1.]
Intent—1996 c 207: "It is the intent of the legislature to clarify
hunting and fishing laws in light of the decision in State v. Bailey, 77 Wn.
App. 732 (1995). The fish and wildlife commission has the authority to
establish hunting and fishing seasons. These seasons are defined by limiting
the times, manners of taking, and places or waters for lawful hunting,
fishing, or possession of game animals, game birds, or game fish, as well
as by limiting the physical characteristics of the game animals, game birds,
or game fish which may be lawfully taken at those times, in those manners,
and at those places or waters." [1996 c 207 § 1.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.08.020 "Game fish" defined. (1) As used in this
title or rules of the commission, "game fish" means those
species of the class Osteichthyes that shall not be fished for
except as authorized by rule of the commission and includes:
Scientific Name
Common Name
Ambloplites rupestris
Coregonus clupeaformis
Ictalurus furcatus
Ictalurus melas
Ictalurus natalis
Ictalurus nebulosus
Ictalurus punctatus
Lepomis cyanellus
Lepomis gibbosus
Lepomis gulosus
Lepomis macrochirus
Lota lota
Micropterus dolomieui
Micropterus salmoides
Oncorhynchus nerka (in
its landlocked form)
Perca flavescens
Pomixis annularis
Pomixis nigromaculatus
Prosopium williamsoni
Oncorhynchus aquabonita
Oncorhynchus clarkii
Oncorhynchus mykiss
rock bass
lake white fish
blue catfish
black bullhead
yellow bullhead
brown bullhead
channel catfish
green sunfish
pumpkinseed
warmouth
bluegill
burbot or fresh water ling
smallmouth bass
largemouth bass
kokanee or silver trout
yellow perch
white crappie
black crappie
mountain white fish
golden trout
cutthroat trout
rainbow or steelhead trout
[Title 77 RCW—page 7]
77.08.020
Title 77 RCW: Fish and Wildlife
Salmo salar (in its
landlocked form)
Salmo trutta
Salvelinus fontinalis
Salvelinus malma
Salvelinus namaycush
Stizostedion vitreum
Thymallus articus
Atlantic salmon
brown trout
eastern brook trout
Dolly Varden trout
lake trout
Walleye
arctic grayling
(2) Private sector cultured aquatic products as defined
in RCW 15.85.020 are not game fish. [1989 c 218 § 2;
1985 c 457 § 21; 1980 c 78 § 10; 1969 ex.s. c 19 § 1; 1955
c 36 § 77.08.020. Prior: 1947 c 275 § 10; Rem. Supp.
1947 § 5992-20.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.08.022 "Food fish" defined. "Food fish" means
those species of the classes Osteichthyes, Agnatha, and
Chondrichthyes that have been classified and that shall not
be fished for except as authorized by rule of the commission.
The term "food fish" includes all stages of development and
the bodily parts of food fish species. [2000 c 107 § 208.]
77.08.024 "Salmon" defined. "Salmon" means all
species of the genus Oncorhynchus, except those classified
as game fish in RCW 77.08.020, and includes:
Scientific Name
Common Name
Oncorhynchus
Oncorhynchus
Oncorhynchus
Oncorhynchus
Oncorhynchus
Chinook salmon
Coho salmon
Chum salmon
Pink salmon
Sockeye salmon
tshawytscha
kisutch
keta
gorbuscha
nerka
(2) "Migratory bird" means migratory waterfowl and
coots, snipe, doves, and band-tailed pigeon;
(3) "Migratory bird stamp" means the stamp that is
required by RCW 77.32.350 to be in the possession of all
persons to hunt migratory birds;
(4) "Prints and artwork" means replicas of the original
stamp design that are sold to the general public. Prints and
artwork are not to be construed to be the migratory bird
stamp that is required by RCW 77.32.350. Artwork may be
any facsimile of the original stamp design, including color
renditions, metal duplications, or any other kind of design;
and
(5) "Migratory waterfowl art committee" means the
committee created by RCW 77.12.680. The committee’s
primary function is to select the annual migratory bird stamp
design. [1998 c 191 § 31; 1987 c 506 § 12; 1985 c 243 §
2.]
Effective date—1998 c 191: See note following RCW 77.32.050.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Chapter 77.12
POWERS AND DUTIES
Sections
77.12.010
77.12.020
77.12.031
77.12.035
77.12.037
77.12.039
77.12.043
[2000 c 107 § 209.]
77.12.045
77.08.030 "Big game" defined. As used in this title
or rules of the commission, "big game" means the following
species:
Scientific Name
Common Name
Cervus canadensis
Odocoileus hemionus
Odocoileus virginianus
Alces americana
Oreamnos americanus
Rangifer caribou
Ovis canadensis
Antilocapra americana
Felis concolor
Euarctos americana
Ursus horribilis
elk or wapiti
blacktail deer or mule deer
whitetail deer
moose
mountain goat
caribou
mountain sheep
pronghorn antelope
cougar or mountain lion
black bear
grizzly bear
[1980 c 78 § 11; 1971 ex.s. c 166 § 1.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.08.045 Migratory waterfowl terms defined. As
used in this title or rules adopted pursuant to this title:
(1) "Migratory waterfowl" means members of the family
Anatidae, including brants, ducks, geese, and swans;
77.12.047
77.12.140
77.12.150
77.12.152
77.12.154
77.12.170
77.12.177
77.12.184
77.12.190
77.12.201
77.12.203
77.12.204
77.12.210
77.12.220
77.12.230
77.12.240
77.12.260
77.12.262
77.12.264
77.12.275
[Title 77 RCW—page 8]
Limitation on prohibiting fishing with bait or artificial lures.
Wildlife to be classified.
Llamas and alpacas.
Protection of grizzly bears—Limitation on transplantation or
introduction—Negotiations with federal and state agencies.
Acquisition, use, and management of property—
Condemnation—When authorized.
Acceptance of funds or property for damage claims or conservation of fish, shellfish, and wildlife resources.
Contracts and agreements for propagation of fish or shellfish.
Territorial authority of commission—Adoption of federal
regulations and rules of fisheries commissions and compacts.
Scope of commission’s authority to adopt rules—
Application to private tideland owners or lessees of the
state.
Acquisition or sale of wildlife.
Game seasons—Opening and closing—Bag limits.
Commission may designate fishing areas.
Right of entry—Aircraft operated by department.
State wildlife fund—Deposits.
Disposition of moneys collected—Proceeds from sale of
food fish or shellfish—Unanticipated receipts.
Deposit of moneys from various activities—Production of
regulation booklets.
Diversion of wildlife fund moneys prohibited.
Counties may elect to receive an amount in lieu of taxes—
County to record collections for violations of law or
rules—Deposit.
In lieu payments authorized—Procedure—Game lands defined.
Grazing lands—Fish and wildlife goals—Implementation.
Department property—Management, sale.
Acquisition or transfer of property.
Local assessments against department property.
Authority to take wildlife—Disposition.
Agreements to prevent damage to private property.
Fish and wildlife officers compensation insurance—Medical
aid.
Fish and wildlife officers—Relieved from active duty when
injured—Compensation.
Agreements with department of defense.
(2002 Ed.)
Powers and Duties
77.12.285
Agreements with United States to protect Columbia River
fish—Fish cultural stations and protective devices.
77.12.315 Dogs harassing deer and elk—Declaration of emergency—
Taking dogs into custody or destroying—Immunity.
77.12.320 Agreements for purposes related to fish, shellfish, and wildlife—Acceptance of compensation, gifts, grants.
77.12.323 Special wildlife account—Investments.
77.12.325 Cooperation with Oregon to assure yields of Columbia river
fish, shellfish, and wildlife.
77.12.330 Exclusive fishing waters for youths.
77.12.360 Withdrawal of state land from lease—Compensation.
77.12.370 Withdrawal of state land from lease—County procedures,
approval, hearing.
77.12.380 Withdrawal of state land from lease—Actions by commissioner of public lands.
77.12.390 Withdrawal of state land from lease—Payment.
77.12.420 Improvement of conditions for growth of game fish.
77.12.451 Director may take or sell fish or shellfish—Restrictions on
sale of salmon.
77.12.453 Salmon fishing by Wanapum (Sokulk) Indians.
77.12.455 Prevention and suppression of diseases and pests.
77.12.459 Release and recapture of salmon or steelhead prohibited.
77.12.465 Abandoned or derelict vessels.
77.12.540 Public shooting grounds—Effect of filing—Use for booming.
77.12.550 Tidelands used as public shooting grounds—Diversion.
77.12.560 Tidelands used as public shooting grounds—Rules.
77.12.570 Game farm licenses—Rules—Exemption.
77.12.580 Game farms—Authority to dispose of eggs.
77.12.590 Game farms—Tagging of products—Exemption.
77.12.600 Game farms—Shipping of wildlife—Exemption.
77.12.605 Whidbey Island game farm—Sale of property.
77.12.610 Check stations—Purpose.
77.12.620 Check stations—Stopping for inspection.
77.12.630 Check stations—Other inspections, powers.
77.12.650 Protection of bald eagles and their habitats—Cooperation
required.
77.12.655 Habitat buffer zones for bald eagles—Rules.
77.12.670 Migratory bird stamp/migratory bird license validations—
Deposit and use of revenues.
77.12.680 Migratory waterfowl art committee—Membership—Terms—
Vacancies—Chairman—Review of expenditures—
Compensation.
77.12.690 Migratory waterfowl art committee—Duties—Deposit and
use of funds—Audits.
77.12.710 Game fish production—Double by year 2000.
77.12.722 Canada goose hunting—Season or bag limit restriction.
77.12.750 Senior environmental corps—Department powers and duties.
77.12.760 Steelhead trout fishery.
77.12.765 Tilton and Cowlitz rivers—Proposals to reinstate salmon and
steelhead.
77.12.790 Eastern Washington pheasant enhancement program—
Purpose.
77.12.800 Pheasant hunting—Opportunities for juvenile hunters.
77.12.810 Small game hunting license—Disposition of fee.
77.12.820 Eastern Washington pheasant enhancement account—
Created—Use of moneys.
77.12.850 Definitions.
77.12.852 Washington salmon stamp program—Creation.
77.12.854 Washington junior salmon stamp program—Creation.
77.12.856 Salmon stamp selection committee—Creation.
77.12.858 Deposit of receipts—Expenditures.
77.12.860 Stamp design—Department’s rule-making authority.
77.12.865 Derelict fishing gear—Guidelines for removal and disposal.
77.12.870 Derelict fishing gear data base.
77.12.875 Prohibited aquatic animal species—Infested state waters.
77.12.878 Infested waters—Rapid response plan.
Wild salmonid policy: RCW 77.65.420.
77.12.010 Limitation on prohibiting fishing with
bait or artificial lures. The commission shall not adopt
rules that categorically prohibit fishing with bait or artificial
lures in streams, rivers, beaver ponds, and lakes except that
the commission may adopt rules and regulations restricting
(2002 Ed.)
Chapter 77.12
fishing methods upon a determination by the director that an
individual body of water or part thereof clearly requires a
fishing method prohibition to conserve or enhance the fisheries resource or to provide selected fishing alternatives.
[2000 c 107 § 210; 1985 c 438 § 1; 1980 c 78 § 12; 1977 c
74 § 1; 1955 c 36 § 77.12.010. Prior: 1947 c 275 § 11;
Rem. Supp. 1947 § 5992-21.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.020 Wildlife to be classified. (1) The director
shall investigate the habits and distribution of the various
species of wildlife native to or adaptable to the habitats of
the state. The commission shall determine whether a species
should be managed by the department and, if so, classify it
under this section.
(2) The commission may classify by rule wild animals
as game animals and game animals as fur-bearing animals.
(3) The commission may classify by rule wild birds as
game birds or predatory birds. All wild birds not otherwise
classified are protected wildlife.
(4) In addition to those species listed in RCW
77.08.020, the commission may classify by rule as game fish
other species of the class Osteichthyes that are commonly
found in fresh water except those classified as food fish by
the director.
(5) The director may recommend to the commission that
a species of wildlife should not be hunted or fished. The
commission may designate species of wildlife as protected.
(6) If the director determines that a species of wildlife
is seriously threatened with extinction in the state of Washington, the director may request its designation as an
endangered species. The commission may designate an
endangered species.
(7) If the director determines that a species of the
animal kingdom, not native to Washington, is dangerous to
the environment or wildlife of the state, the director may
request its designation as deleterious exotic wildlife. The
commission may designate deleterious exotic wildlife.
(8) Upon recommendation by the director, the commission may classify nonnative aquatic animal species according
to the following categories:
(a) Prohibited aquatic animal species: These species are
considered by the commission to have a high risk of becoming an invasive species and may not be possessed, imported,
purchased, sold, propagated, transported, or released into
state waters except as provided in RCW 77.15.253;
(b) Regulated aquatic animal species: These species are
considered by the commission to have some beneficial use
along with a moderate, but manageable risk of becoming an
invasive species, and may not be released into state waters,
except as provided in RCW 77.15.253. The commission
shall classify the following commercial aquaculture species
as regulated aquatic animal species, and allow their release
into state waters pursuant to rule of the commission: Pacific
oyster (Crassostrea gigas), kumamoto oyster (Crassostrea
sikamea), European flat oyster (Ostrea edulis), eastern oyster
(Crassostrea virginica), manila clam (Tapes philippinarum),
blue mussel (Mytilus galloprovincialis), and suminoe oyster
(Crassostrea ariankenisis);
(c) Unregulated aquatic animal species: These species
are considered by the commission as having some beneficial
[Title 77 RCW—page 9]
77.12.020
Title 77 RCW: Fish and Wildlife
use along with a low risk of becoming an invasive species,
and are not subject to regulation under this title;
(d) Unlisted aquatic animal species: These species are
not designated as a prohibited aquatic animal species,
regulated aquatic animal species, or unregulated aquatic
animal species by the commission, and may not be released
into state waters. Upon request, the commission may
determine the appropriate category for an unlisted aquatic
animal species and classify the species accordingly;
(e) This subsection (8) does not apply to the transportation or release of nonnative aquatic animal species by ballast
water or ballast water discharge.
(9) Upon recommendation by the director, the commission may develop a work plan to eradicate native aquatic
species that threaten human health. Priority shall be given
to water bodies that the department of health has classified
as representing a threat to human health based on the
presence of a native aquatic species. [2002 c 281 § 3; 1994
c 264 § 53; 1987 c 506 § 13; 1980 c 78 § 13; 1969 ex.s. c
18 § 1; 1955 c 36 § 77.12.020. Prior: 1947 c 275 § 12;
Rem. Supp. 1947 § 5992-22.]
Purpose—2002 c 281: See note following RCW 77.08.010.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.031 Llamas and alpacas. The authority of the
department does not extend to preventing, controlling, or
suppressing diseases in llamas or alpacas or to controlling
the movement or sale of llamas or alpacas.
This section shall not be construed as granting or
denying authority to the department to prevent, control, or
suppress diseases in any animals other than llamas and
alpacas. [1994 c 264 § 54; 1993 c 80 § 4.]
77.12.035 Protection of grizzly bears—Limitation
on transplantation or introduction—Negotiations with
federal and state agencies. The commission shall protect
grizzly bears and develop management programs on publicly
owned lands that will encourage the natural regeneration of
grizzly bears in areas with suitable habitat. Grizzly bears
shall not be transplanted or introduced into the state. Only
grizzly bears that are native to Washington state may be
utilized by the department for management programs. The
department is directed to fully participate in all discussions
and negotiations with federal and state agencies relating to
grizzly bear management and shall fully communicate,
support, and implement the policies of this section. [2000 c
107 § 211; 1995 c 370 § 1.]
77.12.037 Acquisition, use, and management of
property—Condemnation—When authorized. The
commission may acquire by gift, easement, purchase, lease,
or condemnation lands, buildings, water rights, rights of way,
or other necessary property, and construct and maintain
necessary facilities for purposes consistent with this title.
The commission may authorize the director to acquire property under this section, but the power of condemnation may
only be exercised by the director when an appropriation has
been made by the legislature for the acquisition of a specific
[Title 77 RCW—page 10]
property, except to clear title and acquire access rights of
way.
The commission may sell, lease, convey, or grant
concessions upon real or personal property under the control
of the department. [2000 c 107 § 4; 1995 1st sp.s. c 2 § 23
(Referendum Bill No. 45, approved November 7, 1995);
1983 1st ex.s. c 46 § 9; 1955 c 212 § 1; 1955 c 12 §
75.08.040. Prior: 1949 c 112 § 7(2); Rem. Supp. 1949 §
5780-206(2). Formerly RCW 75.08.040.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Tidelands reserved for recreational use and taking of fish and shellfish:
RCW 79.94.390, 79.94.400.
77.12.039 Acceptance of funds or property for
damage claims or conservation of fish, shellfish, and
wildlife resources. The director may accept money or real
property from persons under conditions requiring the use of
the property or money for the protection, rehabilitation,
preservation, or conservation of the state wildlife, fish, and
shellfish resources, or in settlement of claims for damages to
wildlife, fish, and shellfish resources. The director shall
only accept real property useful for the protection, rehabilitation, preservation, or conservation of fish, shellfish, and
wildlife resources. [2001 c 253 § 11; 2000 c 107 § 5; 1995
1st sp.s. c 2 § 24 (Referendum Bill No. 45, approved
November 7, 1995); 1983 1st ex.s. c 46 § 11; 1955 c 12 §
75.16.050. Prior: 1949 c 112 § 51; Rem. Supp. 1949 §
5780-325. Formerly RCW 75.08.045, 75.16.050.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.12.043 Contracts and agreements for propagation of fish or shellfish. (1) The director may enter into
contracts and agreements with a person to secure fish or
shellfish or for the construction, operation, and maintenance
of facilities for the propagation of fish or shellfish.
(2) The director may enter into contracts and agreements
to procure from private aquaculturists fish or shellfish with
which to stock state waters. [2001 c 253 § 12; 1985 c 458
§ 7; 1983 1st ex.s. c 46 § 13; 1955 c 12 § 75.16.070. Prior:
1949 c 112 § 53; Rem. Supp. 1949 § 5780-327. Formerly
RCW 75.08.065, 75.16.070.]
Severability—1985 c 458: See RCW 77.95.900.
77.12.045 Territorial authority of commission—
Adoption of federal regulations and rules of fisheries
commissions and compacts. Consistent with federal law,
the commission’s authority extends to all areas and waters
within the territorial boundaries of the state, to the offshore
waters, and to the concurrent waters of the Columbia river.
Consistent with federal law, the commission’s authority
extends to fishing in offshore waters by residents of this
state.
The commission may adopt rules consistent with the
regulations adopted by the United States department of
commerce for the offshore waters. The commission may
adopt rules consistent with the recommendations or regula(2002 Ed.)
Powers and Duties
tions of the Pacific marine fisheries commission, Columbia
river compact, the Pacific salmon commission as provided in
chapter 77.75 RCW, or the international Pacific halibut
commission. [2001 c 253 § 13; 1995 1st sp.s. c 2 § 10
(Referendum Bill No. 45, approved November 7, 1995);
1989 c 130 § 1; 1983 1st ex.s. c 46 § 14; 1955 c 12 §
75.08.070. Prior: 1949 c 112 § 6, part; Rem. Supp. 1949 §
5780-205, part. Formerly RCW 75.08.070.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.12.047 Scope of commission’s authority to adopt
rules—Application to private tideland owners or lessees
of the state. (1) The commission may adopt, amend, or
repeal rules as follows:
(a) Specifying the times when the taking of wildlife,
fish, or shellfish is lawful or unlawful.
(b) Specifying the areas and waters in which the taking
and possession of wildlife, fish, or shellfish is lawful or
unlawful.
(c) Specifying and defining the gear, appliances, or
other equipment and methods that may be used to take
wildlife, fish, or shellfish, and specifying the times, places,
and manner in which the equipment may be used or possessed.
(d) Regulating the importation, transportation, possession, disposal, landing, and sale of wildlife, fish, shellfish, or
seaweed within the state, whether acquired within or without
the state.
(e) Regulating the prevention and suppression of
diseases and pests affecting wildlife, fish, or shellfish.
(f) Regulating the size, sex, species, and quantities of
wildlife, fish, or shellfish that may be taken, possessed, sold,
or disposed of.
(g) Specifying the statistical and biological reports
required from fishers, dealers, boathouses, or processors of
wildlife, fish, or shellfish.
(h) Classifying species of marine and freshwater life as
food fish or shellfish.
(i) Classifying the species of wildlife, fish, and shellfish
that may be used for purposes other than human consumption.
(j) Regulating the taking, sale, possession, and distribution of wildlife, fish, shellfish, or deleterious exotic wildlife.
(k) Establishing game reserves and closed areas where
hunting for wild animals or wild birds may be prohibited.
(l) Regulating the harvesting of fish, shellfish, and
wildlife in the federal exclusive economic zone by vessels or
individuals registered or licensed under the laws of this state.
(m) Authorizing issuance of permits to release, plant, or
place fish or shellfish in state waters.
(n) Governing the possession of fish, shellfish, or
wildlife so that the size, species, or sex can be determined
visually in the field or while being transported.
(o) Other rules necessary to carry out this title and the
purposes and duties of the department.
(2) Subsections (1)(a), (b), (c), (d), and (f) of this
section do not apply to private tideland owners and lessees
and the immediate family members of the owners or lessees
of state tidelands, when they take or possess oysters, clams,
(2002 Ed.)
77.12.045
cockles, borers, or mussels, excluding razor clams, produced
on their own private tidelands or their leased state tidelands
for personal use.
"Immediate family member" for the purposes of this
section means a spouse, brother, sister, grandparent, parent,
child, or grandchild.
(3) Except for subsection (1)(g) of this section, this
section does not apply to private sector cultured aquatic
products as defined in RCW 15.85.020. Subsection (1)(g) of
this section does apply to such products. [2001 c 253 § 14;
2000 c 107 § 7; 1995 1st sp.s. c 2 § 11 (Referendum Bill
No. 45, approved November 7, 1995); 1993 c 117 § 1; 1985
c 457 § 17; 1983 1st ex.s. c 46 § 15; 1980 c 55 § 1; 1955 c
12 § 75.08.080. Prior: 1949 c 112 § 6, part; Rem. Supp.
1949 § 5780-205, part. Formerly RCW 75.08.080.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.12.140 Acquisition or sale of wildlife. The
director, acting in a manner not inconsistent with criteria
established by the commission, may obtain by purchase, gift,
or exchange and may sell or transfer wildlife and their eggs
for stocking, research, or propagation. [1987 c 506 § 23;
1980 c 78 § 28; 1955 c 36 § 77.12.140. Prior: 1947 c 275
§ 24; Rem. Supp. 1947 § 5992-34.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.150 Game seasons—Opening and closing—
Bag limits. By emergency rule only, and in accordance with
criteria established by the commission, the director may
close or shorten a season for game animals, game birds, or
game fish, and after a season has been closed or shortened,
may reopen it and reestablish bag limits on game animals,
game birds, or game fish during that season. The director
shall advise the commission of the adoption of emergency
rules. A copy of an emergency rule, certified as a true copy
by the director or by a person authorized in writing by the
director to make the certification, is admissible in court as
prima facie evidence of the adoption and validity of the rule.
If the director finds that game animals have increased in
numbers in an area of the state so that they are damaging
public or private property or over-utilizing their habitat, the
commission may establish a special hunting season and
designate the time, area, and manner of taking and the
number and sex of the animals that may be killed or possessed by a licensed hunter. The director shall determine by
random selection the identity of hunters who may hunt
within the area and shall determine the conditions and
requirements of the selection process. The director shall
include notice of the special season in the rules establishing
open seasons. [1987 c 506 § 24; 1984 c 240 § 4; 1980 c 78
§ 29; 1977 ex.s. c 58 § 1; 1975 1st ex.s. c 102 § 1; 1955 c
36 § 77.12.150. Prior: 1949 c 205 § 2; 1947 c 275 § 25;
Rem. Supp. 1949 § 5992-35.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
[Title 77 RCW—page 11]
77.12.150
Title 77 RCW: Fish and Wildlife
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Special hunting season permits: RCW 77.32.370.
77.12.152 Commission may designate fishing areas.
The commission may designate the boundaries of fishing
areas by driving piling or by establishing monuments or by
description of landmarks or section lines and directional
headings. [1995 1st sp.s. c 2 § 14 (Referendum Bill No. 45,
approved November 7, 1995); 1983 1st ex.s. c 46 § 18; 1955
c 12 § 75.08.120. Prior: 1949 c 112 § 10; Rem. Supp.
1949 § 5780-209. Formerly RCW 75.08.120.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.12.154 Right of entry—Aircraft operated by
department. The director, fish and wildlife officers, ex
officio fish and wildlife officers, and department employees
may enter upon any land or waters and remain there while
performing their duties without liability for trespass.
It is lawful for aircraft operated by the department to
land and take off from the beaches or waters of the state.
[1998 c 190 § 71; 1983 1st ex.s. c 46 § 19; 1955 c 12 §
75.08.160. Prior: 1949 c 112 § 13; Rem. Supp. 1949 §
5780-212. Formerly RCW 75.08.160.]
77.12.170 State wildlife fund—Deposits. (1) There
is established in the state treasury the state wildlife fund
which consists of moneys received from:
(a) Rentals or concessions of the department;
(b) The sale of real or personal property held for
department purposes;
(c) The sale of licenses, permits, tags, and stamps
required by chapter 77.32 RCW and RCW 77.65.490, except
annual resident adult saltwater and all shellfish licenses,
which shall be deposited into the state general fund;
(d) Fees for informational materials published by the
department;
(e) Fees for personalized vehicle license plates as
provided in chapter 46.16 RCW;
(f) Articles or wildlife sold by the director under this
title;
(g) Compensation for damage to department property or
wildlife losses or contributions, gifts, or grants received
under RCW 77.12.320 or 77.32.380;
(h) Excise tax on anadromous game fish collected under
chapter 82.27 RCW;
(i) The sale of personal property seized by the department for fish, shellfish, or wildlife violations; and
(j) The department’s share of revenues from auctions
and raffles authorized by the commission.
(2) State and county officers receiving any moneys
listed in subsection (1) of this section shall deposit them in
the state treasury to be credited to the state wildlife fund.
[2001 c 253 § 15; 2000 c 107 § 216. Prior: 1998 c 191 §
38; 1998 c 87 § 2; 1996 c 101 § 7; 1989 c 314 § 4; 1987 c
506 § 25; 1984 c 258 § 334; prior: 1983 1st ex.s. c 8 § 2;
1983 c 284 § 1; 1981 c 310 § 2; 1980 c 78 § 30; 1979 c 56
§ 1; 1973 1st ex.s. c 200 § 12 (Referendum Bill No. 33);
[Title 77 RCW—page 12]
1969 ex.s. c 199 § 33; 1955 c 36 § 77.12.170; prior: 1947
c 275 § 27; Rem. Supp. 1947 § 5992-37.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective date—1998 c 87: See note following RCW 77.32.380.
Findings—1996 c 101: See note following RCW 77.32.530.
Finding—1989 c 314: See note following RCW 77.15.098.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Findings—Intent—1983 c 284: See note following RCW 82.27.020.
Effective dates—1981 c 310: "(1) Sections 9 and 10 of this act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1981.
(2) Section 13 of this act shall take effect on May 1, 1982.
(3) Sections 8, 11, 12, and 14 of this act shall take effect on July 1,
1982.
(4) All other sections of this act shall take effect on January 1, 1982."
[1981 c 310 § 32.]
Legislative intent—1981 c 310: "The legislature finds that abundant
deer and elk populations are in the best interest of the state, and for many
reasons the state’s deer and elk populations have apparently declined. The
legislature further finds that antlerless deer and elk seasons have been an
issue of great controversy throughout the state, and that antlerless deer and
elk seasons may contribute to a further decline in the state’s deer and elk
populations." [1981 c 310 § 1.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.177 Disposition of moneys collected—Proceeds
from sale of food fish or shellfish—Unanticipated receipts. (1) Except as provided in this title, state and county
officers receiving the following moneys shall deposit them
in the state general fund:
(a) The sale of commercial licenses required under this
title, except for licenses issued under RCW 77.65.490; and
(b) Moneys received for damages to food fish or
shellfish.
(2) The director shall make weekly remittances to the
state treasurer of moneys collected by the department.
(3) All fines and forfeitures collected or assessed by a
district court for a violation of this title or rule of the
department shall be remitted as provided in chapter 3.62
RCW.
(4) Proceeds from the sale of food fish or shellfish taken
in test fishing conducted by the department, to the extent that
these proceeds exceed the estimates in the budget approved
by the legislature, may be allocated as unanticipated receipts
under RCW 43.79.270 to reimburse the department for
unanticipated costs for test fishing operations in excess of
the allowance in the budget approved by the legislature.
(5) Proceeds from the sale of salmon carcasses and
salmon eggs from state general funded hatcheries by the
department of general administration shall be deposited in
the regional fisheries enhancement group account established
in RCW 77.95.090.
(6) Moneys received by the commission under RCW
77.12.039, to the extent these moneys exceed estimates in
the budget approved by the legislature, may be allocated as
unanticipated receipts under RCW 43.79.270. Allocations
under this subsection shall be made only for the specific
purpose for which the moneys were received, unless the
(2002 Ed.)
Powers and Duties
moneys were received in settlement of a claim for damages
to food fish or shellfish, in which case the moneys may be
expended for the conservation of these resources.
(7) Proceeds from the sale of herring spawn on kelp
fishery licenses by the department, to the extent those
proceeds exceed estimates in the budget approved by the
legislature, may be allocated as unanticipated receipts under
RCW 43.79.270. Allocations under this subsection shall be
made only for herring management, enhancement, and
enforcement. [2001 c 253 § 16; 2000 c 107 § 10; 1996 c
267 § 3; 1995 c 367 § 11; 1993 c 340 § 48; 1989 c 176 § 4;
1987 c 202 § 230; 1984 c 258 § 332; 1983 1st ex.s. c 46 §
23; 1979 c 151 § 175; 1977 ex.s. c 327 § 33; 1975 1st ex.s.
c 223 § 1; 1969 ex.s. c 199 § 31; 1969 ex.s. c 16 § 1; 1965
ex.s. c 72 § 2; 1955 c 12 § 75.08.230. Prior: 1951 c 271 §
2; 1949 c 112 § 25; Rem. Supp. 1949 § 5780-223. Formerly
RCW 75.08.230.]
Intent—1996 c 267: "It is the intent of this legislation to begin to
make the statutory changes required by the fish and wildlife commission in
order to successfully implement Referendum Bill No. 45." [1996 c 267 §
1.]
Effective date—1996 c 267: "This act shall take effect July 1, 1996."
[1996 c 267 § 36.]
Severability—Effective date—1995 c 367: See notes following
RCW 77.95.150.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Intent—1987 c 202: See note following RCW 2.04.190.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Severability—Effective date—1977 ex.s. c 327: See notes following
RCW 77.65.150.
77.12.184 Deposit of moneys from various activities—Production of regulation booklets. (1) The department shall deposit all moneys received from the following
activities into the state wildlife fund:
(a) The sale of interpretive, recreational, historical,
educational, and informational literature and materials;
(b) The sale of advertisements in regulation pamphlets
and other appropriate mediums; and
(c) Enrollment fees in department-sponsored educational
training events.
(2) Moneys collected under subsection (1) of this
section shall be spent primarily for producing regulation
booklets for users and for the development, production,
reprinting, and distribution of informational and educational
materials. The department may also spend these moneys for
necessary expenses associated with training activities, and
other activities as determined by the director.
(3) Regulation pamphlets may be subsidized through
appropriate advertising, but must be made available free of
charge to the users.
(4) The director may enter into joint ventures with other
agencies and organizations to generate revenue for providing
public information and education on wildlife and hunting and
fishing rules. [2000 c 252 § 1.]
77.12.190 Diversion of wildlife fund moneys prohibited. Moneys in the state wildlife fund may be used only
for the purposes of this title, including the payment of
(2002 Ed.)
77.12.177
principal and interest on bonds issued for capital projects.
[1991 sp.s. c 31 § 17; 1987 c 506 § 27; 1980 c 78 § 34;
1955 c 36 § 77.12.190. Prior: 1947 c 275 § 28; Rem.
Supp. 1947 § 5992-38.]
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.201 Counties may elect to receive an amount
in lieu of taxes—County to record collections for violations of law or rules—Deposit. The legislative authority of
a county may elect, by giving written notice to the director
and the treasurer prior to January 1st of any year, to obtain
for the following year an amount in lieu of real property
taxes on game lands as provided in RCW 77.12.203. Upon
the election, the county shall keep a record of all fines,
forfeitures, reimbursements, and costs assessed and collected,
in whole or in part, under this title for violations of law or
rules adopted pursuant to this title and shall monthly remit
an amount equal to the amount collected to the state treasurer for deposit in the public safety and education account
established under RCW 43.08.250. The election shall
continue until the department is notified differently prior to
January 1st of any year. [1987 c 506 § 29. Prior: 1984 c
258 § 335; 1984 c 214 § 1; 1980 c 78 § 36; 1977 ex.s. c 59
§ 1; 1965 ex.s. c 97 § 2.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Intent—1984 c 258: See note following RCW 3.46.120.
Effective date—1984 c 214: "This act takes effect on January 1,
1985." [1984 c 214 § 3.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.203 In lieu payments authorized—
Procedure—Game lands defined. (1) Notwithstanding
RCW 84.36.010 or other statutes to the contrary, the director
shall pay by April 30th of each year on game lands in each
county, if requested by an election under RCW 77.12.201, an
amount in lieu of real property taxes equal to that amount
paid on similar parcels of open space land taxable under
chapter 84.34 RCW or the greater of seventy cents per acre
per year or the amount paid in 1984 plus an additional
amount for control of noxious weeds equal to that which
would be paid if such lands were privately owned. This
amount shall not be assessed or paid on department buildings, structures, facilities, game farms, fish hatcheries,
tidelands, or public fishing areas of less than one hundred
acres.
(2) "Game lands," as used in this section and RCW
77.12.201, means those tracts one hundred acres or larger
owned in fee by the department and used for wildlife habitat
and public recreational purposes. All lands purchased for
wildlife habitat, public access or recreation purposes with
federal funds in the Snake River drainage basin shall be
considered game lands regardless of acreage.
(3) This section shall not apply to lands transferred after
April 23, 1990, to the department from other state agencies.
[Title 77 RCW—page 13]
77.12.203
Title 77 RCW: Fish and Wildlife
[1990 1st ex.s. c 15 § 11; 1984 c 214 § 2; 1980 c 78 § 37;
1965 ex.s. c 97 § 3.]
Limitations—1990 1st ex.s. c 15: "Amounts saved by operation of
section 11 of this act during the 1989-91 fiscal biennium may be used only
for financing capital facilities." [1990 1st ex.s. c 15 § 12.]
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
Effective date—1984 c 214: See note following RCW 77.12.201.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.204 Grazing lands—Fish and wildlife goals—
Implementation. The department of fish and wildlife shall
implement practices necessary to meet the standards developed under RCW 79.01.295 on agency-owned and managed
agricultural and grazing lands. The standards may be
modified on a site-specific basis as necessary and as determined by the department of fish and wildlife to achieve the
goals established under RCW 79.01.295(1). Existing lessees
shall be provided an opportunity to participate in any sitespecific field review. Department agricultural and grazing
leases issued after December 31, 1994, shall be subject to
practices to achieve the standards that meet those developed
pursuant to RCW 79.01.295.
This section shall in no way prevent the department of
fish and wildlife from managing its lands according to the
provisions of RCW 77.04.012, 77.12.210, or rules adopted
pursuant to this chapter. [2001 c 253 § 17; 2000 c 107 §
217; 1993 sp.s. c 4 § 6.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
77.12.210 Department property—Management, sale.
The director shall maintain and manage real or personal
property owned, leased, or held by the department and shall
control the construction of buildings, structures, and improvements in or on the property. The director may adopt
rules for the operation and maintenance of the property.
The commission may authorize the director to sell,
lease, convey, or grant concessions upon real or personal
property under the control of the department. This includes
the authority to sell timber, gravel, sand, and other materials
or products from real property held by the department, and
to sell or lease the department’s real or personal property or
grant concessions or rights of way for roads or utilities in the
property. Oil and gas resources owned by the state which
lie below lands owned, leased, or held by the department
shall be offered for lease by the commissioner of public
lands pursuant to chapter 79.14 RCW with the proceeds
being deposited in the state wildlife fund: PROVIDED, That
the commissioner of public lands shall condition such leases
at the request of the department to protect wildlife and its
habitat.
If the commission determines that real or personal
property held by the department cannot be used advantageously by the department, the director may dispose of that
property if it is in the public interest.
If the state acquired real property with use limited to
specific purposes, the director may negotiate terms for the
return of the property to the donor or grantor. Other real
property shall be sold to the highest bidder at public auction.
After appraisal, notice of the auction shall be published at
least once a week for two successive weeks in a newspaper
[Title 77 RCW—page 14]
of general circulation within the county where the property
is located at least twenty days prior to sale.
Proceeds from the sales shall be deposited in the state
wildlife fund. [2000 c 107 § 218; 1987 c 506 § 30; 1980 c
78 § 38; 1969 ex.s. c 73 § 1; 1955 c 36 § 77.12.210. Prior:
1947 c 275 § 30; Rem. Supp. 1947 § 5992-40.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.220 Acquisition or transfer of property. For
purposes of this title, the commission may make agreements
to obtain real or personal property or to transfer or convey
property held by the state to the United States or its agencies
or instrumentalities, units of local government of this state,
public service companies, or other persons, if in the judgment of the commission and the attorney general the transfer
and conveyance is consistent with public interest. For
purposes of this section, "local government" means any city,
town, county, special district, municipal corporation, or
quasi-municipal corporation.
If the commission agrees to a transfer or conveyance
under this section or to a sale or return of real property
under RCW 77.12.210, the director shall certify, with the
attorney general, to the governor that the agreement has been
made. The certification shall describe the real property. The
governor then may execute and the secretary of state attest
and deliver to the appropriate entity or person the instrument
necessary to fulfill the agreement. [2000 c 107 § 219; 1987
c 506 § 31; 1980 c 78 § 39; 1955 c 36 § 77.12.220. Prior:
1949 c 205 § 3; 1947 c 275 § 31; Rem. Supp. 1949 § 599241.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.230 Local assessments against department
property. The director may pay lawful local improvement
district assessments for projects that may benefit wildlife or
wildlife-oriented recreation made against lands held by the
state for department purposes. The payments may be made
from money appropriated from the state wildlife fund to the
department. [1987 c 506 § 32; 1980 c 78 § 40; 1955 c 36
§ 77.12.230. Prior: 1947 c 275 § 32; Rem. Supp. 1947 §
5992-42.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.240 Authority to take wildlife—Disposition.
The director may authorize the removal or killing of wildlife
that is destroying or injuring property, or when it is necessary for wildlife management or research.
The director or other employees of the department shall
dispose of wildlife taken or possessed by them under this
title in the manner determined by the director to be in the
best interest of the state. Proceeds from sales shall be
deposited in the state treasury to be credited to the state
wildlife fund. [1989 c 197 § 1; 1987 c 506 § 33; 1980 c 78
(2002 Ed.)
Powers and Duties
§ 41; 1955 c 36 § 77.12.240. Prior: 1947 c 275 § 33; Rem.
Supp. 1947 § 5992-43.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.260 Agreements to prevent damage to private
property. The director may make written agreements to
prevent damage to private property by wildlife. The
department may furnish money, material, or labor under
these agreements. [1987 c 506 § 34; 1980 c 78 § 43; 1955
c 36 § 77.12.260. Prior: 1949 c 238 § 1; 1947 c 275 § 35;
Rem. Supp. 1949 § 5992-45.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.262 Fish and wildlife officers compensation
insurance—Medical aid. The director shall provide
compensation insurance for fish and wildlife officers, insuring these employees against injury or death in the performance of enforcement duties not covered under the workers’
compensation act of the state. The beneficiaries and the
compensation and benefits under the compensation insurance
shall be the same as provided in chapter 51.32 RCW, and
the compensation insurance also shall provide for medical
aid and hospitalization to the extent and amount as provided
in RCW 51.36.010 and 51.36.020. [2000 c 107 § 8; 1983
1st ex.s. c 46 § 20; 1971 ex.s. c 289 § 73; 1953 c 207 § 14.
Formerly RCW 75.08.206, 43.25.047.]
Effective date—Severability—1971 ex.s. c 289: See RCW 51.98.060
and 51.98.070.
77.12.264 Fish and wildlife officers—Relieved from
active duty when injured—Compensation. The director
shall relieve from active duty fish and wildlife officers who
are injured in the performance of their official duties to such
an extent as to be incapable of active service. While
relieved from active duty, the employees shall receive onehalf of their salary less any compensation received through
the provisions of RCW 41.40.200, 41.40.220, and 77.12.262.
[2001 c 253 § 18; 2000 c 107 § 9; 1983 1st ex.s. c 46 § 22;
1957 c 216 § 1. Formerly RCW 75.08.208, 75.08.024.]
77.12.275 Agreements with department of defense.
The commission may negotiate agreements with the United
States department of defense to coordinate fishing in state
waters over which the department of defense has assumed
control. [1995 1st sp.s. c 2 § 7 (Referendum Bill No. 45,
approved November 7, 1995); 1983 1st ex.s. c 46 § 8; 1955
c 12 § 75.08.025. Prior: 1953 c 207 § 11. Formerly RCW
75.08.025.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.12.285 Agreements with United States to protect
Columbia River fish—Fish cultural stations and protec(2002 Ed.)
77.12.240
tive devices. (1) The commission may enter into agreements
with and receive funds from the United States for the
construction, maintenance, and operation of fish cultural
stations, laboratories, and devices in the Columbia River
basin for improvement of feeding and spawning conditions
for fish, for the protection of migratory fish from irrigation
projects and for facilitating free migration of fish over
obstructions.
(2) The director and the department may acquire by gift,
purchase, lease, easement, or condemnation the use of lands
where the construction or improvement is to be carried on by
the United States. [2000 c 107 § 6; 1995 1st sp.s. c 2 § 8
(Referendum Bill No. 45, approved November 7, 1995);
1993 sp.s. c 2 § 23; 1987 c 506 § 94; 1983 1st ex.s. c 46 §
12; 1955 c 12 § 75.16.060. Prior: 1949 c 112 § 52; Rem.
Supp. 1949 § 5780-326. Formerly RCW 75.08.055,
75.16.060.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
77.12.315 Dogs harassing deer and elk—Declaration
of emergency—Taking dogs into custody or destroying—
Immunity. If the director determines that a severe problem
exists in an area of the state because deer and elk are being
pursued, harassed, attacked or killed by dogs, the director
may declare by emergency rule that an emergency exists and
specify the area where it is lawful for fish and wildlife
officers to take into custody or destroy the dogs if necessary.
Fish and wildlife officers who take into custody or destroy
a dog pursuant to this section are immune from civil or
criminal liability arising from their actions. [2000 c 107 §
221; 1987 c 506 § 40; 1980 c 78 § 49; 1971 ex.s. c 183 §
1.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.320 Agreements for purposes related to fish,
shellfish, and wildlife—Acceptance of compensation, gifts,
grants. (1) The commission may make agreements with
persons, political subdivisions of this state, or the United
States or its agencies or instrumentalities, regarding fish,
shellfish, and wildlife-oriented recreation and the propagation, protection, conservation, and control of fish, shellfish,
and wildlife.
(2) The director may make written agreements with the
owners or lessees of real or personal property to provide for
the use of the property for fish, shellfish, and wildlifeoriented recreation. The director may adopt rules governing
the conduct of persons in or on the real property.
(3) The director may accept compensation for fish,
shellfish, and wildlife losses or gifts or grants of personal
property for use by the department. [2001 c 253 § 19; 1987
c 506 § 41; 1980 c 78 § 50; 1975 1st ex.s. c 207 § 1; 1974
[Title 77 RCW—page 15]
77.12.320
Title 77 RCW: Fish and Wildlife
ex.s. c 67 § 1; 1955 c 36 § 77.12.320. Prior: 1947 c 275 §
37; Rem. Supp. 1947 § 5992-47.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.323 Special wildlife account—Investments.
(1) There is established in the state wildlife fund a special
wildlife account. Moneys received under RCW 77.12.320 as
now or hereafter amended as compensation for wildlife
losses shall be deposited in the state treasury to be credited
to the special wildlife account.
(2) The director may advise the state treasurer and the
state investment board of a surplus in the special wildlife
account above the current needs. The state investment board
may invest and reinvest the surplus, as the commission
deems appropriate, in an investment authorized by RCW
43.84.150 or in securities issued by the United States
government as defined by RCW 43.84.080 (1) and (4).
Income received from the investments shall be deposited to
the credit of the special wildlife account. [1987 c 506 § 42;
1982 c 10 § 15. Prior: 1981 c 3 § 43; 1980 c 78 § 51;
1975 1st ex.s. c 207 § 2.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Severability—1982 c 10: See note following RCW 6.13.080.
Effective dates—Severability—1981 c 3: See notes following RCW
43.33A.010.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.325 Cooperation with Oregon to assure yields
of Columbia river fish, shellfish, and wildlife. The
commission may cooperate with the Oregon fish and wildlife
commission in the adoption of rules to ensure an annual
yield of fish, shellfish, and wildlife on the Columbia river
and to prevent the taking of fish, shellfish, and wildlife at
places or times that might endanger fish, shellfish, and
wildlife. [2001 c 253 § 20; 1980 c 78 § 52; 1959 c 315 §
2.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.330 Exclusive fishing waters for youths. The
commission may establish by rule exclusive fishing waters
for minors within specified ages. [1980 c 78 § 53; 1955 c
36 § 77.12.330. Prior: 1947 c 275 § 38; Rem. Supp. 1947
§ 5992-48.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.360 Withdrawal of state land from lease—
Compensation. Upon written request of the department, the
department of natural resources may withdraw from lease
state-owned lands described in the request. The request shall
bear the endorsement of the county legislative authority if
the lands were acquired under RCW 76.12.030 or 76.12.080.
Withdrawals shall conform to the state outdoor recreation
plan. If the lands are held for the benefit of the common
school fund or another fund, the department shall pay
compensation equal to the lease value of the lands to the
[Title 77 RCW—page 16]
appropriate fund. [1980 c 78 § 54; 1969 ex.s. c 129 § 3;
1955 c 36 § 77.12.360. Prior: 1947 c 130 § 1; Rem. Supp.
1947 § 8136-10.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.370 Withdrawal of state land from lease—
County procedures, approval, hearing. Prior to the
forwarding of a request needing endorsement under RCW
77.12.360, the director shall present the request to the
legislative authority of the county in which the lands are
located for its approval. The legislative authority, before
acting on the request, may call a public hearing. The
hearing shall take place within thirty days after presentation
of the request to the legislative authority.
The director shall publish notice of the public hearing
called by the legislative authority in a newspaper of general
circulation within the county at least once a week for two
successive weeks prior to the hearing. The notice shall
contain a copy of the request and the time and place of the
hearing.
The chairman of the county legislative authority shall
preside at the public hearing. The proceedings shall be
informal and all persons shall have a reasonable opportunity
to be heard.
Within ten days after the hearing, the county legislative
authority shall endorse its decision on the request for
withdrawal. The decision is final and not subject to appeal.
[1987 c 506 § 43; 1980 c 78 § 55; 1955 c 36 § 77.12.370.
Prior: 1947 c 130 § 2; Rem. Supp. 1947 § 8136-11.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.380 Withdrawal of state land from lease—
Actions by commissioner of public lands. Upon receipt of
a request under RCW 77.12.360, the commissioner of public
lands shall determine if the withdrawal would benefit the
people of the state. If the withdrawal would be beneficial,
the commissioner shall have the lands appraised for their
lease value. Before withdrawal, the department shall
transmit to the commissioner a voucher authorizing payment
from the state wildlife fund in favor of the fund for which
the lands are held. The payment shall equal the amount of
the lease value for the duration of the withdrawal. [1987 c
506 § 44; 1980 c 78 § 56; 1955 c 36 § 77.12.380. Prior:
1947 c 130 § 3; Rem. Supp. 1947 § 8136-12.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.390 Withdrawal of state land from lease—
Payment. Upon receipt of a voucher under RCW 77.12.380,
the commissioner of public lands shall withdraw the lands
from lease. The commissioner shall forward the voucher to
the state treasurer, who shall draw a warrant against the state
wildlife fund in favor of the fund for which the withdrawn
lands are held. [1987 c 506 § 45; 1980 c 78 § 57; 1973 c
106 § 35; 1955 c 36 § 77.12.390. Prior: 1947 c 130 § 4;
Rem. Supp. 1947 § 8136-13.]
(2002 Ed.)
Powers and Duties
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.420 Improvement of conditions for growth of
game fish. The director may spend moneys to improve
natural growing conditions for fish by constructing fishways,
installing screens, and removing obstructions to migratory
fish. The eradication of undesirable fish shall be authorized
by the commission. The director may enter into cooperative
agreements with state, county, municipal, and federal
agencies, and with private individuals for these purposes.
[1987 c 506 § 46; 1980 c 78 § 59; 1955 c 36 § 77.12.420.
Prior: 1947 c 127 § 1; Rem. Supp. 1947 § 5944-1.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.451 Director may take or sell fish or shellfish—Restrictions on sale of salmon. (1) The director may
take or remove any species of fish or shellfish from the waters or beaches of the state.
(2) The director may sell food fish or shellfish caught
or taken during department test fishing operations.
(3) The director shall not sell inedible salmon for human
consumption. Salmon and carcasses may be given to state
institutions or schools or to economically depressed people,
unless the salmon are unfit for human consumption. Salmon
not fit for human consumption may be sold by the director
for animal food, fish food, or for industrial purposes.
(4) In the sale of surplus salmon from state hatcheries,
the division of purchasing shall require that a portion of the
surplus salmon be processed and returned to the state by the
purchaser. The processed salmon shall be fit for human
consumption and in a form suitable for distribution to individuals. The division of purchasing shall establish the
required percentage at a level that does not discourage
competitive bidding for the surplus salmon. The measure of
the percentage is the combined value of all of the surplus
salmon sold. The department of social and health services
shall distribute the processed salmon to economically
depressed individuals and state institutions pursuant to rules
adopted by the department of social and health services.
[1990 c 36 § 1; 1985 c 28 § 1; 1983 1st ex.s. c 46 § 26;
1979 c 141 § 382; 1969 ex.s. c 16 § 2; 1965 ex.s. c 72 § 1;
1955 c 12 § 75.12.130. Prior: 1949 c 112 § 41; Rem.
Supp. 1949 § 5780-315. Formerly RCW 75.08.255,
75.12.130.]
77.12.453 Salmon fishing by Wanapum (Sokulk)
Indians. The director may issue permits to members of the
Wanapum band of Indians to take salmon for ceremonial and
subsistence purposes. The department shall establish the
areas in which the permits are valid and shall regulate the
times for and manner of taking the salmon. This section
does not create a right to fish commercially. [1983 1st ex.s.
c 46 § 27; 1981 c 251 § 2. Formerly RCW 75.08.265,
75.12.310.]
Legislative findings—1981 c 251: "The legislature finds that the
Sokulk Indians, otherwise known as the Wanapum band of Indians, have
(2002 Ed.)
77.12.390
made a significant effort to maintain their traditional tribal culture, including
the activity of taking salmon for ceremonial and subsistence purposes. The
legislature further finds that previously the state has encouraged ceremonial
and subsistence fishing by the Wanapums by chapter 210, Laws of 1939
and other permission. Therefore, the intent of the legislature in enacting
RCW 75.08.265 is to recognize the cultural importance of salmon fishing
to only the Wanapum Indians by authorizing these people a ceremonial and
subsistence fishery, while also preserving the state’s ability to conserve and
manage the salmon resource." [1983 1st ex.s. c 46 § 62; 1981 c 251 § 1.
Formerly RCW 75.12.300.]
77.12.455 Prevention and suppression of diseases
and pests. The commission may prohibit the introduction,
transportation or transplanting of fish, shellfish, organisms,
material, or other equipment which in the commission’s
judgment may transmit any disease or pests affecting fish or
shellfish. [2001 c 253 § 22; 1995 1st sp.s. c 2 § 16 (Referendum Bill No. 45, approved November 7, 1995); 1983 1st
ex.s. c 46 § 29; 1955 c 12 § 75.16.030. Prior: 1949 c 112
§ 43; Rem. Supp. 1949 § 5780-317. Formerly RCW
75.08.285, 75.16.030.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.12.459 Release and recapture of salmon or
steelhead prohibited. A person other than the United
States, an Indian tribe recognized as such by the federal
government, the state, a subdivision of the state, or a
municipal corporation or an agency of such a unit of
government shall not release salmon or steelhead trout into
the public waters of the state and subsequently to recapture
and commercially harvest such salmon or trout. This section
shall not prevent any person from rearing salmon or
steelhead trout in pens or in a confined area under circumstances where the salmon or steelhead trout are confined and
never permitted to swim freely in open water. [1998 c 190
§ 74; 1985 c 457 § 12. Formerly RCW 75.08.300.]
77.12.465 Abandoned or derelict vessels. (Effective
January 1, 2003.) The director has the authority, subject to
the processes and limitation outlined in chapter 79.100
RCW, to store, strip, use, auction, sell, salvage, scrap, or
dispose of an abandoned or derelict vessel found on or above
publicly or privately owned aquatic lands within the jurisdiction of the department. [2002 c 286 § 19.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
77.12.540 Public shooting grounds—Effect of
filing—Use for booming. Upon filing a certificate with the
commissioner of public lands that shows that lands will be
used for public shooting grounds by the department, the
lands shall be withdrawn from sale or lease and then may be
used as public shooting grounds under control of the department. The commissioner of public lands may also use
the lands for booming purposes. [1980 c 78 § 128; 1955 c
36 § 77.40.080. Prior: 1945 c 179 § 2; Rem. Supp. 1945
§ 7993-5b. Formerly RCW 77.40.080.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
[Title 77 RCW—page 17]
77.12.550
Title 77 RCW: Fish and Wildlife
77.12.550 Tidelands used as public shooting
grounds—Diversion. Tidelands granted to the department
to be used as public shooting grounds shall revert to the state
if used for another purpose. The department shall certify the
reversion to the commissioner of public lands who shall then
supervise and control the lands as provided in Title 79 RCW.
[1980 c 78 § 126; 1955 c 36 § 77.40.050. Prior: 1941 c
190 § 3; Rem. Supp. 1941 § 7993-8. Formerly RCW
77.40.050.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.560 Tidelands used as public shooting
grounds—Rules. The commission may adopt rules regarding the use of the tidelands as shooting grounds. [1980 c 78
§ 127; 1955 c 36 § 77.40.060. Prior: 1941 c 190 § 4; Rem.
Supp. 1941 § 7993-9. Formerly RCW 77.40.060.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.570 Game farm licenses—Rules—Exemption.
The commission shall establish the qualifications and
conditions for issuing a game farm license. The director
shall adopt rules governing the operation of game farms.
Private sector cultured aquatic products as defined in RCW
15.85.020 are exempt from regulation under this section.
[1987 c 506 § 49; 1985 c 457 § 22; 1980 c 78 § 98; 1975
1st ex.s. c 15 § 2; 1970 ex.s. c 29 § 14; 1955 c 36 §
77.28.020. Prior: 1947 c 275 § 82; Rem. Supp. 1947 §
5992-91. Formerly RCW 77.28.020.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.580 Game farms—Authority to dispose of
eggs. A licensed game farmer may purchase, sell, give
away, or dispose of the eggs of game birds or game fish
lawfully possessed as provided by rule of the director.
[1987 c 506 § 50; 1980 c 78 § 99; 1955 c 36 § 77.28.070.
Prior: 1947 c 275 § 87; Rem. Supp. 1947 § 5992-96.
Formerly RCW 77.28.070.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.590 Game farms—Tagging of products—
Exemption. Wildlife given away, sold, or transferred by a
licensed game farmer shall have attached to each wildlife
member, package, or container, a tag, seal, or invoice as
required by rule of the director. Private sector cultured
aquatic products as defined in RCW 15.85.020 are exempt
from regulation under this section. [1987 c 506 § 51; 1985
c 457 § 23; 1980 c 78 § 100; 1955 c 36 § 77.28.080. Prior:
1947 c 275 § 88; Rem. Supp. 1947 § 5992-97. Formerly
RCW 77.28.080.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
[Title 77 RCW—page 18]
77.12.600 Game farms—Shipping of wildlife—
Exemption. A common carrier may transport wildlife
shipped by a licensed game farmer if the wildlife is tagged,
sealed, or invoiced as provided in RCW 77.12.590. Packages containing wildlife shall have affixed to them tags or
labels showing the name of the licensee and the consignee.
For purposes of this section, wildlife does not include private
sector cultured aquatic products as defined in RCW
15.85.020. However, if a means of identifying such products
is required by rules adopted under RCW 15.85.060, this
exemption from the definition of wildlife applies only if the
aquatic products are identified in conformance with those
rules. [1985 c 457 § 24; 1980 c 78 § 101; 1955 c 36 §
77.28.090. Prior: 1947 c 275 § 89; Rem. Supp. 1947 §
5992-98. Formerly RCW 77.28.090.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.605 Whidbey Island game farm—Sale of
property. (1) The department shall endeavor to sell the
property known as Whidbey Island game farm, Island
county.
(2) If the sale takes place one year or less from May 7,
1999, the property may be sold only to a nonprofit corporation, a consortium of nonprofit corporations, or a municipal
corporation that intends to preserve, to the extent practicable,
the property for purposes of undeveloped open space and
historical preservation.
(3) If the sale takes place more than one year after May
7, 1999, the conditions in subsection (2) of this section do
not apply. [1999 c 205 § 1.]
Effective date—1999 c 205: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 7, 1999]." [1999 c 205 § 3.]
77.12.610 Check stations—Purpose. The purposes
of RCW 77.12.610 through 77.12.630 are to facilitate the
department’s gathering of biological data for managing
wildlife, fish, and shellfish resources of this state and to protect these resources by assuring compliance with Title 77
RCW, and rules adopted thereunder, in a manner designed
to minimize inconvenience to the public. [2000 c 107 § 225;
1982 c 155 § 1.]
77.12.620 Check stations—Stopping for inspection.
The department is authorized to require hunters and fishermen occupying a motor vehicle approaching or entering a
check station to stop and produce for inspection: (1) Any
wildlife, fish, shellfish, or seaweed in their possession; (2) licenses, permits, tags, stamps, or catch record cards, required
under Title 77 RCW, or rules adopted thereunder. For these
purposes, the department is authorized to operate check
stations which shall be plainly marked by signs, operated by
at least one uniformed fish and wildlife officer, and operated
in a safe manner. [2000 c 107 § 226; 1982 c 155 § 2.]
77.12.630 Check stations—Other inspections,
powers. The powers conferred by RCW 77.12.610 through
77.12.630 are in addition to all other powers conferred by
law upon the department. Nothing in RCW 77.12.610
(2002 Ed.)
Powers and Duties
through 77.12.630 shall be construed to prohibit the department from operating wildlife information stations at
which persons shall not be required to stop and report, or
from executing arrests, searches, or seizures otherwise
authorized by law. [2000 c 107 § 227; 1982 c 155 § 4.]
77.12.650 Protection of bald eagles and their
habitats—Cooperation required. The department shall
cooperate with other local, state, and federal agencies and
governments to protect bald eagles and their essential
habitats through existing governmental programs, including
but not limited to:
(1) The natural heritage program managed by the
department of natural resources under chapter 79.70 RCW;
(2) The natural area preserve program managed by the
department of natural resources under chapter 79.70 RCW;
(3) The shoreline management master programs adopted
by local governments and approved by the department of
ecology under chapter 90.58 RCW. [1987 c 506 § 52; 1984
c 239 § 2.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Legislative declaration—1984 c 239: "The legislature hereby
declares that the protection of the bald eagle is consistent with a societal
concern for the perpetuation of natural life cycles, the sensitivity and
vulnerability of particular rare and distinguished species, and the quality of
life of humans." [1984 c 239 § 1.]
77.12.655 Habitat buffer zones for bald eagles—
Rules. The department, in accordance with chapter 34.05
RCW, shall adopt and enforce necessary rules defining the
extent and boundaries of habitat buffer zones for bald eagles.
Rules shall take into account the need for variation of the
extent of the zone from case to case, and the need for
protection of bald eagles. The rules shall also establish
guidelines and priorities for purchase or trade and establishment of conservation easements and/or leases to protect such
designated properties. The department shall also adopt rules
to provide adequate notice to property owners of their
options under RCW 77.12.650 and this section. [2000 c 107
§ 228; 1990 c 84 § 3; 1984 c 239 § 3.]
Legislative declaration—1984 c 239: See note following RCW
77.12.650.
77.12.670 Migratory bird stamp/migratory bird
license validations—Deposit and use of revenues. (1) The
migratory bird stamp to be produced by the department shall
use the design as provided by the migratory waterfowl art
committee.
(2) All revenue derived from the sale of migratory bird
license validations or stamps by the department to any
person hunting waterfowl or to any stamp collector shall be
deposited in the state wildlife fund and shall be used only
for that portion of the cost of printing and production of the
stamps for migratory waterfowl hunters as determined by
subsection (4) of this section, and for those migratory
waterfowl projects specified by the director of the department for the acquisition and development of migratory
waterfowl habitat in the state and for the enhancement,
protection, and propagation of migratory waterfowl in the
state. Migratory bird license validation and stamp funds
may not be used on lands controlled by private hunting clubs
(2002 Ed.)
77.12.630
or on private lands that charge a fee for public access.
Migratory bird license validation and stamp funds may be
used for migratory waterfowl projects on private land where
public hunting is provided by written permission or on areas
established by the department as waterfowl hunting closures.
(3) All revenue derived from the sale of the license
validation and stamp by the department to persons hunting
solely nonwaterfowl migratory birds shall be deposited in the
state wildlife fund and shall be used only for that portion of
the cost of printing and production of the stamps for
nonwaterfowl migratory bird hunters as determined by
subsection (4) of this section, and for those nonwaterfowl
migratory bird projects specified by the director for the
acquisition and development of nonwaterfowl migratory bird
habitat in the state and for the enhancement, protection, and
propagation of nonwaterfowl migratory birds in the state.
(4) With regard to the revenue from license validation
and stamp sales that is not the result of sales to stamp
collectors, the department shall determine the proportion of
migratory waterfowl hunters and solely nonwaterfowl
migratory bird hunters by using the yearly migratory bird
hunter harvest information program survey results or, in the
event that these results are not available, other similar survey
results. A two-year average of the most recent survey
results shall be used to determine the proportion of the
revenue attributed to migratory waterfowl hunters and the
proportion attributed to solely nonwaterfowl migratory bird
hunters for each fiscal year. For fiscal year 1998-99 and for
fiscal year 1999-2000, ninety-six percent of the stamp
revenue shall be attributed to migratory waterfowl hunters
and four percent of the stamp revenue shall be attributed to
solely nonwaterfowl migratory game hunters.
(5) Acquisition shall include but not be limited to the
acceptance of gifts of real estate or any interest therein or
the rental, lease, or purchase of real estate or any interest
therein. If the department acquires any fee interest, leasehold, or rental interest in real property under this section, it
shall allow the general public reasonable access to that
property and shall, if appropriate, ensure that the deed or
other instrument creating the interest allows such access to
the general public. If the department obtains a covenant in
real property in its favor or an easement or any other interest
in real property under this section, it shall exercise its best
efforts to ensure that the deed or other instrument creating
the interest grants to the general public in the form of a
covenant running with the land reasonable access to the
property. The private landowner from whom the department
obtains such a covenant or easement shall retain the right of
granting access to the lands by written permission, but may
not charge a fee for access.
(6) The department may produce migratory bird stamps
in any given year in excess of those necessary for sale in
that year. The excess stamps may be sold to the migratory
waterfowl art committee for sale to the public. [2002 c 283
§ 2; 1998 c 191 § 32; 1987 c 506 § 53; 1985 c 243 § 4.]
Effective date—1998 c 191: See note following RCW 77.32.050.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
77.12.680 Migratory waterfowl art committee—
Membership—Terms—Vacancies—Chairman—Review of
[Title 77 RCW—page 19]
77.12.680
Title 77 RCW: Fish and Wildlife
expenditures—Compensation. (1) There is created the
migratory waterfowl art committee which shall be composed
of nine members.
(2)(a) The committee shall consist of one member
appointed by the governor, six members appointed by the
director, one member appointed by the chairman of the state
arts commission, and one member appointed by the director
of the department of agriculture.
(b) The member appointed by the director of the
department of agriculture shall represent statewide farming
interests.
(c) The member appointed by the chairman of the state
arts commission shall be knowledgeable in the area of fine
art reproduction.
(d) The members appointed by the governor and the
director shall be knowledgeable about waterfowl and
waterfowl management. The six members appointed by the
director shall represent, respectively:
(i) An eastern Washington sports group;
(ii) A western Washington sports group;
(iii) A group with a major interest in the conservation
and propagation of migratory waterfowl;
(iv) A statewide conservation organization;
(v) A statewide sports hunting group; and
(vi) The general public.
The members of the committee shall serve three-year
staggered terms and at the expiration of their term shall
serve until qualified successors are appointed. Of the nine
members, three shall serve initial terms of four years, three
shall serve initial terms of three years, and three shall serve
initial terms of two years. The appointees of the governor,
the chairman of the state arts commission, and the director
of agriculture shall serve the initial terms of four years.
Vacancies shall be filled for unexpired terms consistent with
this section. A chairman shall be elected annually by the
committee. The committee shall review the director’s
expenditures of the previous year of both the stamp money
and the prints and related artwork money. Members of the
committee shall serve without compensation. [1987 c 506
§ 54; 1985 c 243 § 5.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
77.12.690 Migratory waterfowl art committee—
Duties—Deposit and use of funds—Audits. The migratory
waterfowl art committee is responsible for the selection of
the annual migratory bird stamp design and shall provide the
design to the department. If the committee does not perform
this duty within the time frame necessary to achieve proper
and timely distribution of the stamps to license dealers, the
director shall initiate the art work selection for that year.
The committee shall create collector art prints and related
artwork, utilizing the same design as provided to the department. The administration, sale, distribution, and other
matters relating to the prints and sales of stamps with prints
and related artwork shall be the responsibility of the migratory waterfowl art committee.
The total amount brought in from the sale of prints and
related artwork shall be deposited in the state wildlife fund.
The costs of producing and marketing of prints and related
artwork, including administrative expenses mutually agreed
upon by the committee and the director, shall be paid out of
[Title 77 RCW—page 20]
the total amount brought in from sales of those same items.
Net funds derived from the sale of prints and related artwork
shall be used by the director to contract with one or more
appropriate individuals or nonprofit organizations for the
development of waterfowl propagation projects within Washington which specifically provide waterfowl for the Pacific
flyway. The department shall not contract with any individual or organization that obtains compensation for allowing
waterfowl hunting except if the individual or organization
does not permit hunting for compensation on the subject
property.
The migratory waterfowl art committee shall have an
annual audit of its finances conducted by the state auditor
and shall furnish a copy of the audit to the commission.
[1998 c 245 § 158; 1998 c 191 § 33; 1987 c 506 § 55; 1985
c 243 § 6.]
Reviser’s note: This section was amended by 1998 c 191 § 33 and
by 1998 c 245 § 158, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 191: See note following RCW 77.32.050.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
77.12.710 Game fish production—Double by year
2000. The legislature hereby directs the department to
determine the feasibility and cost of doubling the statewide
game fish production by the year 2000. The department
shall seek to equalize the effort and investment expended on
anadromous and resident game fish programs. The department shall provide the legislature with a specific plan for
legislative approval that will outline the feasibility of
increasing game fish production by one hundred percent over
current levels by the year 2000. The plan shall contain specific provisions to increase both hatchery and naturally
spawning game fish to a level that will support the production goal established in this section consistent with department policies. Steelhead trout, searun cutthroat trout,
resident trout, and warmwater fish producing areas of the
state shall be included in the plan.
The plan shall include the following critical elements:
(1) Methods of determining current catch and production, and catch and production in the year 2000;
(2) Methods of involving fishing groups, including
Indian tribes, in a cooperative manner;
(3) Methods for using low capital cost projects to
produce game fish as inexpensively as possible;
(4) Methods for renovating and modernizing all existing
hatcheries and rearing ponds to maximize production
capability;
(5) Methods for increasing the productivity of natural
spawning game fish;
(6) Application of new technology to increase hatchery
and natural productivity;
(7) Analysis of the potential for private contractors to
produce game fish for public fisheries;
(8) Methods to optimize public volunteer efforts and
cooperative projects for maximum efficiency;
(9) Methods for development of trophy game fish
fisheries;
(2002 Ed.)
Powers and Duties
(10) Elements of coordination with the Pacific Northwest Power Council programs to ensure maximum Columbia
river benefits;
(11) The role that should be played by private consulting companies in developing and implementing the plan;
(12) Coordination with federal fish and wildlife agencies, Indian tribes, and department fish production programs;
(13) Future needs for game fish predator control
measures;
(14) Development of disease control measures;
(15) Methods for obtaining access to waters currently
not available to anglers; and
(16) Development of research programs to support game
fish management and enhancement programs.
The department, in cooperation with the department of
revenue, shall assess various funding mechanisms and make
recommendations to the legislature in the plan. The department, in cooperation with the department of community,
trade, and economic development, shall prepare an analysis
of the economic benefits to the state that will occur when the
game fish production is increased by one hundred percent in
the year 2000. [1998 c 245 § 159; 1995 c 399 § 208; 1993
sp.s. c 2 § 70; 1990 c 110 § 2.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Finding—1990 c 110: "The legislature finds that the anadromous and
resident game fish resource of the state can be greatly increased to benefit
recreational fishermen and the economy of the state. Investments in the
increase of anadromous and resident game fish stocks will provide benefits
many times the cost of the program and will act as a catalyst for many
additional benefits in the tourism and associated industries, while enhancing
the livability of the state." [1990 c 110 § 1.]
77.12.722 Canada goose hunting—Season or bag
limit restriction. For the purposes of establishing a season
or bag limit restriction on Canada goose hunting, the
commission shall not consider leg length or bill length of
dusky Canada geese (Branta canadensis occidentalis). [2000
c 107 § 259; 1998 c 190 § 119; 1996 c 207 § 3; 1987 c 506
§ 59; 1983 c 3 § 196; 1981 c 310 § 3; 1980 c 78 § 70; 1977
c 44 § 1; 1955 c 36 § 77.16.020. Prior: 1947 c 275 § 41;
Rem. Supp. 1947 § 5992-50. Formerly RCW 77.16.020.]
Intent—1996 c 207: See note following RCW 77.08.010.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.12.750 Senior environmental corps—Department
powers and duties. (1) The department shall have the
following powers and duties in carrying out its responsibilities for the senior environmental corps created under RCW
43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project activities;
(2002 Ed.)
77.12.710
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The department shall not use corps volunteers to
displace currently employed workers. [1993 sp.s. c 2 § 72;
1992 c 63 § 13.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Severability—1992 c 63: See note following RCW 43.63A.240.
77.12.760 Steelhead trout fishery. Steelhead trout
shall be managed solely as a recreational fishery for nonIndian fishermen under the rule-setting authority of the fish
and wildlife commission.
Commercial non-Indian steelhead fisheries are not
authorized. [1993 sp.s. c 2 § 78.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.12.765 Tilton and Cowlitz rivers—Proposals to
reinstate salmon and steelhead. The director shall develop
proposals to reinstate the natural salmon and steelhead trout
fish runs in the Tilton and upper Cowlitz rivers in accordance with RCW 77.04.120(3). [2000 c 107 § 206; 1993
sp.s. c 2 § 65; 1985 c 208 § 2. Formerly RCW 77.04.100.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.12.790 Eastern Washington pheasant enhancement program—Purpose. There is created within the
department the eastern Washington pheasant enhancement
program. The purpose of the program is to improve the
harvest of pheasants by releasing pen-reared rooster pheasants on sites accessible for public hunting and by providing
grants for habitat enhancement on public or private lands
under agreement with the department. The department may
either purchase rooster pheasants from private contractors, or
produce rooster pheasants from department-sanctioned
cooperative projects, whichever is less expensive, provided
that the pheasants released meet minimum department
standards for health and maturity. Any surplus hen pheasants from pheasant farms or projects operated by the
department or the department of corrections for this enhancement program shall be made available to landowners who
voluntarily open their lands to public pheasant hunting.
Pheasants produced for the eastern Washington pheasant
enhancement program must not detrimentally affect the
production or operation of the department’s western Washington pheasant release program. The release of pheasants
for hunting purposes must not conflict with or supplant other
department efforts to improve upland bird habitat or naturally produced upland birds. [1997 c 422 § 2.]
Findings—1997 c 422: "The legislature finds that pheasant populations in eastern Washington have greatly decreased from their historic high
[Title 77 RCW—page 21]
77.12.790
Title 77 RCW: Fish and Wildlife
levels and that pheasant hunting success rates have plummeted. The
number of pheasant hunters has decreased due to reduced hunting success.
There is an opportunity to enhance the pheasant population by release of
pen-reared pheasants and habitat enhancements to create increased hunting
opportunities on publicly owned and managed lands." [1997 c 422 § 1.]
77.12.800 Pheasant hunting—Opportunities for
juvenile hunters. The commission must establish special
pheasant hunting opportunities for juvenile hunters in eastern
Washington for the 1998 season and future seasons. [1997
c 422 § 3.]
Findings—1997 c 422: See note following RCW 77.12.790.
77.12.810 Small game hunting license—Disposition
of fee. As provided in RCW 77.32.440, a portion of each
small game hunting license fee shall be deposited in the
eastern Washington pheasant enhancement account created
in RCW 77.12.820. [1998 c 191 § 30; 1997 c 422 § 4.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Findings—1997 c 422: See note following RCW 77.12.790.
77.12.820 Eastern Washington pheasant enhancement account—Created—Use of moneys. The eastern
Washington pheasant enhancement account is created in the
custody of the state treasurer. All receipts under RCW
77.12.810 must be deposited in the account. Moneys in the
account are subject to legislative appropriation and shall be
used for the purpose of funding the eastern Washington
pheasant enhancement program. The department may use
moneys from the account to improve pheasant habitat or to
purchase or produce pheasants. Not less than eighty percent
of expenditures from the account must be used to purchase
or produce pheasants. The eastern Washington pheasant
enhancement account funds must not be used for the
purchase of land. The account may be used to offer grants
to improve pheasant habitat on public or private lands that
are open to public hunting. The department may enter
partnerships with private landowners, nonprofit corporations,
cooperative groups, and federal or state agencies for the
purposes of pheasant habitat enhancement in areas that will
be available for public hunting. [1997 c 422 § 5.]
Findings—1997 c 422: See note following RCW 77.12.790.
77.12.850 Definitions. The definitions in this section
apply throughout RCW 77.12.850 through 77.12.860 unless
the context clearly requires otherwise.
(1) "Salmon" means all species of the genus
Oncorhynchus, except those classified as game fish in this
title, and includes:
Scientific Name
Common Name
Oncorhynchus
Oncorhynchus
Oncorhynchus
Oncorhynchus
Oncorhynchus
Chinook salmon
Coho salmon
Chum salmon
Pink salmon
Sockeye salmon
tshawytscha
kisutch
keta
gorbuscha
nerka
(2) "Department" means the department of fish and
wildlife.
(3) "Committee" means the salmon stamp selection
committee created in RCW 77.12.856.
[Title 77 RCW—page 22]
(4) "Stamp" means the stamp created under the Washington salmon stamp program and the Washington junior
salmon stamp program, created in RCW 77.12.850 through
77.12.860. [1999 c 342 § 2.]
Finding—1999 c 342: "The legislature finds that salmon recovery in
Washington state will involve everyone and will require funds to accomplish
recovery measures. Several species of salmon in Washington are, or are
expected to be, listed as threatened or endangered under the federal
endangered species act. At present, these species include chinook, chum,
bull trout and coho. To bring attention to the importance of the recovery
of salmon and their place in Washington’s heritage, raise funds for salmon
recovery projects, and involve citizens of all ages, the Washington salmon
stamp and Washington junior salmon stamp programs are created." [1999
c 342 § 1.]
77.12.852 Washington salmon stamp program—
Creation. (1) The Washington salmon stamp program is
created in the department. The purpose of the program is
the creation of a stamp that will portray a salmonid species
native to Washington and will be used for stamps, prints,
and posters that can be sold in a wide range of prices and
editions to appeal to citizens and collectors interested in
supporting salmon restoration. The proceeds from the sale
of the Washington salmon stamp shall be used for protection, preservation, and restoration of salmonid habitat in
Washington.
(2) Every year the department will announce competition, open to all Washington artists, for the creation of the
year’s Washington salmon stamp. The department will
market the stamp and prints through a wide distribution
method including web sites, license sites, and at public
events.
(3) The winning artist will receive a monetary award
and a certain number of artist proof prints. [1999 c 342 §
3.]
Finding—1999 c 342: See note following RCW 77.12.850.
77.12.854 Washington junior salmon stamp program—Creation. (1) The Washington junior salmon stamp
program is created in the department. The purpose of the
program is the creation of a stamp that will portray a
salmonid species native to Washington and will be used for
stamps, prints, and posters that can be sold in a wide range
of prices and editions to appeal to citizens and collectors
interested in supporting salmon restoration.
(2) Every year the department will announce a competition for the Washington junior salmon stamp program among
Washington K-12 students. The top winner will receive a
scholarship award. [1999 c 342 § 4.]
Finding—1999 c 342: See note following RCW 77.12.850.
77.12.856 Salmon stamp selection committee—
Creation. The salmon stamp selection committee is created.
The committee is comprised of five individuals selected by
the governor who will judge and select the winning entrant
for the Washington salmon stamp program and Washington
junior salmon stamp program. The governor will select
names from a collection of names forwarded from the
department and from the state arts commission in the
following categories: Artist, not competing in the salmon
stamp program; art collector; fish biologist; printer; and
public school teacher. [1999 c 342 § 5.]
(2002 Ed.)
Powers and Duties
Finding—1999 c 342: See note following RCW 77.12.850.
77.12.858 Deposit of receipts—Expenditures. All
receipts from the salmon stamp program created under RCW
77.12.850 through 77.12.860 must be deposited into the
regional fisheries enhancement salmonid recovery account
created under RCW 77.95.130. Expenditures from the
account may be used only for the purposes specified in
RCW 77.95.130 and chapter 342, Laws of 1999. The
department shall report biennially to the legislature on the
amount of money the salmon stamp program has generated.
[2000 c 107 § 230; 1999 c 342 § 6.]
Finding—1999 c 342: See note following RCW 77.12.850.
77.12.860 Stamp design—Department’s rule-making
authority. The department is granted the authority to
establish by rule the method for selecting appropriate designs
for the Washington salmon stamp program and Washington
junior salmon stamp program. The stamp shall be designed
and produced in accordance with department rules. [1999 c
342 § 7.]
Finding—1999 c 342: See note following RCW 77.12.850.
77.12.865 Derelict fishing gear—Guidelines for
removal and disposal. (1) As used in this section and
RCW 77.12.870, "derelict fishing gear" includes lost or
abandoned fishing nets, fishing lines, crab pots, shrimp pots,
and other commercial and recreational fishing equipment.
The term does not include lost or abandoned vessels.
(2) The department, in partnership with the Northwest
straits commission, the department of natural resources, and
other interested parties, must publish guidelines for the safe
removal and disposal of derelict fishing gear. The guidelines
must be completed by August 31, 2002, and made available
to any person interested in derelict fishing gear removal.
(3) Derelict fishing gear removal conducted in accordance with the guidelines prepared in subsection (2) of this
section is not subject to permitting under RCW 77.55.100.
[2002 c 20 § 2.]
Finding—Purpose—2002 c 20: "The legislature finds that fishing
gear that is lost or abandoned may continue to catch marine organisms long
after the gear is lost. The purpose of this act is to develop safe, effective
methods to remove derelict fishing gear, eliminate regulatory barriers to gear
removal, and discourage future losses of fishing gear." [2002 c 20 § 1.]
77.12.870 Derelict fishing gear data base. (1) The
department, in consultation with the Northwest straits
commission, the department of natural resources, and other
interested parties, must create and maintain a data base of
known derelict fishing gear, including the type of gear and
its location.
(2) A person who loses or abandons commercial fishing
gear within the waters of the state is encouraged to report
the location of the loss and the type of gear lost to the
department within forty-eight hours of the loss.
(3) The department, in consultation with fishing industry
groups and tribal comanagers, must evaluate methods to
reduce future losses of fishing gear and report the results of
this evaluation to the appropriate legislative committees by
January 1, 2003. [2002 c 20 § 3.]
Finding—Purpose—2002 c 20: See note following RCW 77.12.865.
(2002 Ed.)
77.12.856
77.12.875 Prohibited aquatic animal species—
Infested state waters. (1) The commission may designate
by rule state waters as infested if the director determines that
these waters contain a prohibited aquatic animal species.
(2) The commission, in consultation with the department
of ecology, may designate state waters as infested if it is
determined that these waters contain an invasive aquatic
plant species.
(3) The department shall work with the aquatic nuisance
species committee and its member agencies to create
educational materials informing the public of state waters
that are infested with invasive species, and advise them of
applicable rules and practices designed to reduce the spread
of the invasive species infesting the waters. [2002 c 281 §
5.]
Purpose—2002 c 281: See note following RCW 77.08.010.
77.12.878 Infested waters—Rapid response plan.
(1) The director shall create a rapid response plan in cooperation with the aquatic nuisance species committee and its
member agencies that describes actions to be taken when a
prohibited aquatic animal species is found to be infesting a
water body. These actions include eradication or control
programs where feasible and containment of infestation
where practical through notification, public education, and
the enforcement of regulatory programs.
(2) The commission may adopt rules to implement the
rapid response plan.
(3) The director, the department of ecology, and the
Washington state parks and recreation commission may post
signs at water bodies that are infested with aquatic animal
species that are classified as prohibited aquatic animal species under RCW 77.12.020 or with invasive species of the
plant kingdom. The signs should identify the prohibited
plant and animal species present and warn users of the water
body of the hazards and penalties for possessing and
transporting these species. Educational signs may be placed
at uninfested sites. [2002 c 281 § 6.]
Purpose—2002 c 281: See note following RCW 77.08.010.
Chapter 77.15
FISH AND WILDLIFE ENFORCEMENT CODE
Sections
77.15.005
77.15.010
77.15.020
77.15.030
77.15.040
77.15.050
77.15.060
77.15.065
77.15.070
77.15.075
77.15.080
77.15.085
77.15.090
77.15.092
77.15.094
77.15.096
Finding—Intent.
Exemption for department actions.
Authority to define violation of rule as infraction.
Individual animal unlawfully taken—Separate offense.
Jurisdiction.
"Conviction" defined.
Reference to chapters 7.84 and 9A.20 RCW.
Authority of attorney general if prosecuting attorney defaults.
Civil forfeiture of property used for violation of chapter.
Enforcement authority of fish and wildlife officers.
Fish and wildlife officers—Inspection authority.
Seizure without warrant.
Search, arrest warrant—Issuance—Execution.
Arrest without warrant.
Search without warrant—Seizure of evidence, property—
Limitation.
Inspection without warrant—Commercial fish and wildlife
entities—Limitations.
[Title 77 RCW—page 23]
Chapter 77.15
77.15.098
77.15.100
77.15.110
77.15.120
77.15.130
77.15.140
77.15.150
77.15.160
77.15.170
77.15.180
77.15.190
77.15.191
77.15.192
77.15.194
77.15.196
77.15.198
77.15.210
77.15.212
77.15.220
77.15.230
77.15.240
77.15.245
77.15.250
77.15.253
77.15.260
77.15.270
77.15.280
77.15.290
77.15.300
77.15.310
77.15.320
77.15.330
77.15.340
77.15.350
77.15.360
77.15.370
77.15.380
77.15.390
77.15.400
77.15.410
77.15.420
77.15.430
77.15.440
77.15.450
77.15.460
77.15.470
77.15.480
77.15.500
77.15.510
77.15.520
77.15.530
77.15.540
77.15.550
77.15.560
77.15.565
77.15.570
77.15.580
Title 77 RCW: Fish and Wildlife
Willful misconduct/gross negligence—Civil liability.
Forfeited wildlife and articles—Disposition—Department
authority—Sale.
Acting for commercial purposes—When—Proof.
Endangered fish or wildlife—Unlawful taking—Penalty.
Protected fish or wildlife—Unlawful taking—Penalty.
Unclassified fish or wildlife—Unlawful taking—Penalty.
Poison or explosives—Unlawful use—Penalty.
Infractions—Record catch—Barbed hooks—Other rule violations.
Waste of fish and wildlife—Penalty.
Unlawful interference with fishing or hunting gear—Penalty.
Unlawful trapping—Penalty.
Revocation of trapper’s license—Placement of unauthorized
traps.
Definitions.
Unlawful traps.
Unlawful poison.
Violation of RCW 77.15.194 or 77.15.196—Penalty.
Obstructing the taking of fish, shellfish, or wildlife—
Penalty.
Damages due to violation of RCW 77.15.210—Civil action.
Unlawful posting—Penalty.
Department lands or facilities—Unlawful use—Penalty.
Unlawful use of dogs—Public nuisance—Penalty.
Unlawful practices—Black bear baiting—Exceptions—
Illegal hunting—Use of dogs—Exceptions—Penalties.
Unlawful release of fish, shellfish, or wildlife—Penalty—
Unlawful release of deleterious exotic wildlife—Penalty.
Unlawful use of prohibited aquatic animal species—Penalty.
Unlawful trafficking in fish, shellfish, or wildlife—Penalty.
Providing false information—Penalty.
Reporting of fish or wildlife harvest—Rules violation—
Penalty.
Unlawful transportation of fish or wildlife—Unlawful transport of aquatic plants—Penalty.
Unlawful hydraulic project activities—Penalty.
Unlawful failure to use or maintain approved fish guard on
water diversion device—Penalty.
Unlawful failure to provide, maintain, or operate fishway for
dam or other obstruction—Penalty.
Unlawful hunting or fishing contests—Penalty.
Unlawful operation of a game farm—Penalty.
Inspection and disease control of aquatic farms—Rules
violation—Penalty.
Unlawful interfering in department operations—Penalty.
Unlawful recreational fishing in the first degree—Penalty.
Unlawful recreational fishing in the second degree—Penalty.
Seaweed—Unlawful taking—Penalty.
Unlawful hunting of wild birds—Penalty.
Unlawful hunting of big game—Penalty.
Illegally taken or possessed wildlife—Criminal wildlife
penalty assessed.
Unlawful hunting of wild animals—Penalty.
Weapons, traps, or dogs on game reserves—Unlawful use—
Penalty.
Spotlighting big game—Penalty.
Loaded firearm in vehicle—Unlawful use or possession—
Penalty.
Wildlife check stations or field inspections—Unlawful
avoidance—Penalty.
Certain devices declared public nuisances.
Commercial fishing without a license—Penalty.
Commercial fish guiding or chartering without a license—
Penalty.
Commercial fishing—Unlawful gear or methods—Penalty.
Unlawful use of a nondesignated vessel—Penalty.
Unlawful use of a commercial fishery license—Penalty.
Violation of commercial fishing area or time—Penalty.
Commercial fish, shellfish harvest or delivery—Failure to
report—Penalty.
Wholesale fish dealers—Accounting of commercial harvest—Penalties.
Participation of non-Indians in Indian fishery forbidden—
Exceptions, definitions, penalty.
Unlawful use of net to take fish—Penalty.
[Title 77 RCW—page 24]
77.15.590
77.15.600
77.15.610
77.15.620
77.15.630
77.15.640
77.15.650
77.15.660
77.15.670
77.15.675
77.15.680
77.15.690
77.15.700
77.15.710
77.15.720
77.15.730
77.15.732
77.15.900
77.15.901
77.15.902
Commercial fishing vessel—Unlawful use for recreational or
charter fishing—Penalty.
Engaging in commercial wildlife activity without a license—
Penalty.
Unlawful use of a commercial wildlife license—Penalty.
Engaging in fish dealing activity—Unlicensed—Penalty.
Fish buying and dealing licenses—Unlawful use—Penalty.
Wholesale fish buying and dealing—Rules violations—
Penalty.
Unlawful purchase or use of a license—Penalty.
Unlawful use of scientific permit—Penalty.
Suspension of department privileges—Violation—Penalty.
Hunting while intoxicated—Penalty.
Department authority to suspend privileges—Form and
procedure.
Department authority to revoke licenses.
Grounds for department revocation and suspension of privileges.
Conviction for assault—Revocation of licenses and suspension of privileges.
Shooting another person, livestock—Director’s authority to
suspend privileges.
Wildlife violator compact citations and convictions.
Citations from wildlife violator compact party state—Failure
to comply.
Short title.
Captions not law.
Savings—1998 c 190.
77.15.005 Finding—Intent. The legislature finds that
merger of the departments of fisheries and wildlife resulted
in two criminal codes applicable to fish and wildlife, and
that it has become increasingly difficult to administer and
enforce the two criminal codes. Furthermore, laws defining
crimes involving fish and wildlife have evolved over many
years of changing uses and management objectives for fish
and wildlife. The resulting two codes make it difficult for
citizens to comply with the law and unnecessarily complicate
enforcement of laws against violators.
The legislature intends by chapter 190, Laws of 1998 to
revise and recodify the criminal laws governing fish and
wildlife, ensuring that all people involved with fish and
wildlife are able to know and understand the requirements of
the laws and the risks of violation. Additionally, the
legislature intends to create a more uniform approach to
criminal laws governing fish and wildlife and to the laws
authorizing prosecution, sentencing, and punishments,
including repealing crimes that are redundant to other
provisions of the criminal code.
Chapter 190, Laws of 1998 is not intended to alter
existing powers of the commission or the director to adopt
rules or exercise powers over fish and wildlife. In some
places reference is made to violation of department rules, but
this is intended to conform with current powers of the
commission, director, or both, to adopt rules governing fish
and wildlife activities. [1998 c 190 § 1.]
77.15.010 Exemption for department actions. A
person is not guilty of a crime under this chapter if the
person is an officer, employee, or agent of the department
lawfully acting in the course of his or her authorized duties.
[1998 c 190 § 2.]
77.15.020 Authority to define violation of rule as
infraction. If the commission or director has authority to
adopt a rule that is punishable as a crime under this chapter,
(2002 Ed.)
Fish and Wildlife Enforcement Code
then the commission or director may provide that violation
of the rule shall be punished with notice of infraction under
RCW 7.84.030. [1998 c 190 § 3.]
77.15.030 Individual animal unlawfully taken—
Separate offense. Where it is unlawful to hunt, take, fish,
possess, or traffic in big game or protected or endangered
fish or wildlife, then each individual animal unlawfully taken
or possessed is a separate offense. [1999 c 258 § 1; 1998 c
190 § 4.]
77.15.040 Jurisdiction. District courts have jurisdiction concurrent with superior courts for misdemeanors and
gross misdemeanors committed in violation of this chapter
and may impose the punishment provided for these offenses.
Superior courts have jurisdiction over felonies committed in
violation of this chapter. Venue for offenses occurring in
off-shore waters shall be in a county bordering on the Pacific
Ocean, or the county where fish or wildlife from the offense
are landed. [1998 c 190 § 5.]
77.15.050 "Conviction" defined. Unless the context
clearly requires otherwise, as used in this chapter, "conviction" means a final conviction in a state or municipal court
or an unvacated forfeiture of bail or collateral deposited to
secure the defendant’s appearance in court. A plea of guilty,
or a finding of guilt for a violation of this title or rule of the
commission or director constitutes a conviction regardless of
whether the imposition of sentence is deferred or the penalty
is suspended. [1998 c 190 § 6.]
77.15.060 Reference to chapters 7.84 and 9A.20
RCW. Crimes defined by this chapter shall be punished as
infractions, misdemeanors, gross misdemeanors, or felonies,
based on the classification of crimes set out in chapters 7.84
and 9A.20 RCW. [1998 c 190 § 7.]
77.15.065 Authority of attorney general if prosecuting attorney defaults. If the prosecuting attorney of the
county in which a violation of this title or rule of the
department occurs fails to file an information against the
alleged violator, the attorney general upon request of the
commission may file an information in the superior court of
the county and prosecute the case in place of the prosecuting
attorney. The commission may request prosecution by the
attorney general if thirty days have passed since the commission informed the county prosecuting attorney of the alleged
violation. [1996 c 267 § 9; 1983 1st ex.s. c 46 § 41; 1949
c 112 § 24; Rem. Supp. 1949 § 5780-222. Formerly RCW
75.10.100, 75.08.275, 43.25.070.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
77.15.070 Civil forfeiture of property used for
violation of chapter. (1) Fish and wildlife officers and ex
officio fish and wildlife officers may seize without warrant
boats, airplanes, vehicles, motorized implements, conveyances, gear, appliances, or other articles they have probable
cause to believe have been held with intent to violate or used
in violation of this title or rule of the commission or direc(2002 Ed.)
77.15.020
tor. However, fish and wildlife officers or ex officio fish
and wildlife officers may not seize any item or article, other
than for evidence, if under the circumstances, it is reasonable
to conclude that the violation was inadvertent. The property
seized is subject to forfeiture to the state under this section
regardless of ownership. Property seized may be recovered
by its owner by depositing into court a cash bond equal to
the value of the seized property but not more than
twenty-five thousand dollars. Such cash bond is subject to
forfeiture in lieu of the property. Forfeiture of property
seized under this section is a civil forfeiture against property
and is intended to be a remedial civil sanction.
(2) In the event of a seizure of property under this
section, jurisdiction to begin the forfeiture proceedings shall
commence upon seizure. Within fifteen days following the
seizure, the seizing authority shall serve a written notice of
intent to forfeit property on the owner of the property seized
and on any person having any known right or interest in the
property seized. Notice may be served by any method
authorized by law or court rule, including service by certified
mail with return receipt requested. Service by mail is
deemed complete upon mailing within the fifteen-day period
following the seizure.
(3) Persons claiming a right of ownership or right to
possession of property are entitled to a hearing to contest
forfeiture. Such a claim shall specify the claim of ownership
or possession and shall be made in writing and served on the
director within forty-five days of the seizure. If the seizing
authority has complied with notice requirements and there is
no claim made within forty-five days, then the property shall
be forfeited to the state.
(4) If any person timely serves the director with a claim
to property, the person shall be afforded an opportunity to be
heard as to the person’s claim or right. The hearing shall be
before the director or director’s designee, or before an
administrative law judge appointed under chapter 34.12
RCW, except that a person asserting a claim or right may
remove the matter to a court of competent jurisdiction if the
aggregate value of the property seized is more than five
thousand dollars.
(5) The hearing to contest forfeiture and any subsequent
appeal shall be as provided for in chapter 34.05 RCW, the
administrative procedure act. The seizing authority has the
burden to demonstrate that it had reason to believe the property was held with intent to violate or was used in violation
of this title or rule of the commission or director. The
person contesting forfeiture has the burden of production and
proof by a preponderance of evidence that the person owns
or has a right to possess the property and:
(a) That the property was not held with intent to violate
or used in violation of this title; or
(b) If the property is a boat, airplane, or vehicle, that the
illegal use or planned illegal use of the boat, airplane, or
vehicle occurred without the owner’s knowledge or consent,
and that the owner acted reasonably to prevent illegal uses
of such boat, airplane, or vehicle.
(6) A forfeiture of a conveyance encumbered by a
perfected security interest is subject to the interest of the
secured party if the secured party neither had knowledge of
nor consented to the act or omission. No security interest in
seized property may be perfected after seizure.
[Title 77 RCW—page 25]
77.15.070
Title 77 RCW: Fish and Wildlife
(7) If seized property is forfeited under this section the
department may retain it for official use unless the property
is required to be destroyed, or upon application by any law
enforcement agency of the state, release such property to the
agency for the use of enforcing this title, or sell such
property, and deposit the proceeds to the wildlife fund, as
provided for in RCW 77.12.170. [2000 c 107 § 231; 1998
c 190 § 69.]
77.15.075 Enforcement authority of fish and wildlife
officers. (1) Fish and wildlife officers and ex officio fish
and wildlife officers shall enforce this title, rules of the
department, and other statutes as prescribed by the legislature. Fish and wildlife officers who are not ex officio
officers shall have and exercise, throughout the state, such
police powers and duties as are vested in sheriffs and peace
officers generally. An applicant for a fish and wildlife
officer position must be a citizen of the United States of
America who can read and write the English language. All
fish and wildlife officers employed after June 13, 2002, must
successfully complete the basic law enforcement academy
course, known as the basic course, sponsored by the criminal
justice training commission, or the basic law enforcement
equivalency certification, known as the equivalency course,
provided by the criminal justice training commission. All
officers employed on June 13, 2002, must have successfully
completed the basic course, the equivalency course, or the
supplemental course in criminal law enforcement, known as
the supplemental course, offered under chapter 155, Laws of
1985. Any officer who has not successfully completed the
basic course, the equivalency course, or the supplemental
course must complete the basic course or the equivalency
course within fifteen months of June 13, 2002.
(2) Fish and wildlife officers are peace officers.
However, nothing in this section or RCW 10.93.020 confers
membership to such officers in the Washington law enforcement officers’ and fire fighters’ retirement system under
chapter 41.26 RCW.
(3) Any liability or claim of liability under chapter 4.92
RCW that arises out of the exercise or alleged exercise of
authority by a fish and wildlife officer rests with the department unless the fish and wildlife officer acts under the
direction and control of another agency or unless the liability
is otherwise assumed under an agreement between the
department and another agency.
(4) Fish and wildlife officers may serve and execute
warrants and processes issued by the courts. [2002 c 128 §
4; 2000 c 107 § 212; 1998 c 190 § 112; 1993 sp.s. c 2 § 67;
1988 c 36 § 50; 1987 c 506 § 16; 1985 c 155 § 2; 1980 c 78
§ 17. Formerly RCW 77.12.055.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.15.080 Fish and wildlife officers—Inspection
authority. (1) Based upon articulable facts that a person is
engaged in fishing, harvesting, or hunting activities, fish and
wildlife officers have the authority to temporarily stop the
[Title 77 RCW—page 26]
person and check for valid licenses, tags, permits, stamps, or
catch record cards, and to inspect all fish, shellfish, seaweed,
and wildlife in possession as well as the equipment being
used to ensure compliance with the requirements of this title,
and may request the person to write his or her signature for
comparison with the signature on the license. Failure to
comply with the request is prima facie evidence that the
person is not the person named on the license. For licenses
purchased over the internet or telephone, fish and wildlife
officers may require the person, if age eighteen or older, to
exhibit a driver’s license or other photo identification.
(2) Based upon articulable facts that a person is transporting a prohibited aquatic animal species or any aquatic
plant, fish and wildlife officers and ex officio fish and
wildlife officers have the authority to temporarily stop the
person and inspect the watercraft to ensure that the watercraft and associated equipment are not transporting prohibited aquatic animal species or aquatic plants. [2002 c 281 §
8. Prior: 2001 c 306 § 1; 2001 c 253 § 23; 2000 c 107 §
233; 1998 c 190 § 113.]
Purpose—2002 c 281: See note following RCW 77.08.010.
77.15.085 Seizure without warrant. Fish and
wildlife officers and ex officio fish and wildlife officers may
seize without a warrant wildlife, fish, and shellfish they have
probable cause to believe have been taken, transported, or
possessed in violation of this title or rule of the commission
or director. [2000 c 107 § 232.]
77.15.090 Search, arrest warrant—Issuance—
Execution. On a showing of probable cause that there has
been a violation of any fish, seaweed, shellfish, or wildlife
law of the state of Washington, or upon a showing of
probable cause to believe that evidence of such violation
may be found at a place, a court shall issue a search warrant
or arrest warrant. Fish and wildlife officers may execute any
such arrest or search warrant reasonably necessary to their
duties under this title and may seize fish, seaweed, shellfish,
and wildlife or any evidence of a crime and the fruits or
instrumentalities of a crime as provided by warrant. The
court may have a building, enclosure, vehicle, vessel, container, or receptacle opened or entered and the contents
examined. [2001 c 253 § 24; 2000 c 107 § 234; 1998 c 190
§ 117; 1980 c 78 § 26; 1955 c 36 § 77.12.120. Prior: 1947
c 275 § 22; Rem. Supp. 1947 § 5992-32. Formerly RCW
77.12.120.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.15.092 Arrest without warrant. Fish and wildlife
officers and ex officio fish and wildlife officers may arrest
without warrant persons found violating the law or rules
adopted pursuant to this title. [2000 c 107 § 213; 1998 c
190 § 114; 1987 c 506 § 19; 1980 c 78 § 20; 1971 ex.s. c
173 § 2; 1961 c 68 § 3; 1955 c 36 § 77.12.080. Prior:
1947 c 275 § 18; Rem. Supp. 1947 § 5992-28. Formerly
RCW 77.12.080.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
(2002 Ed.)
Fish and Wildlife Enforcement Code
77.15.094 Search without warrant—Seizure of
evidence, property—Limitation. Fish and wildlife officers
and ex officio fish and wildlife officers may make a reasonable search without warrant of a vessel, conveyances,
vehicles, containers, packages, or other receptacles for fish,
seaweed, shellfish, and wildlife which they have reason to
believe contain evidence of a violation of law or rules
adopted pursuant to this title and seize evidence as needed
for law enforcement. This authority does not extend to
quarters in a boat, building, or other property used exclusively as a private domicile, does not extend to transitory
residences in which a person has a reasonable expectation of
privacy, and does not allow search and seizure without a
warrant if the thing or place is protected from search without
warrant within the meaning of Article I, section 7 of the
state Constitution. Seizure of property as evidence of a
crime does not preclude seizure of the property for forfeiture
as authorized by law. [2001 c 253 § 25; 2000 c 107 § 214;
1998 c 190 § 115; 1987 c 506 § 20; 1980 c 78 § 21; 1955
c 36 § 77.12.090. Prior: 1947 c 275 § 19; Rem. Supp.
1947 § 5992-29. Formerly RCW 77.12.090.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.15.096 Inspection without warrant—Commercial
fish and wildlife entities—Limitations. Fish and wildlife
officers may inspect without warrant at reasonable times and
in a reasonable manner the premises, containers, fishing
equipment, fish, seaweed, shellfish, and wildlife, and records
required by the department of any commercial fisher or
wholesale dealer or fish buyer. Fish and wildlife officers
may similarly inspect without warrant the premises, containers, fishing equipment, fish, shellfish, and wildlife, and
records required by the department of any shipping agent or
other person placing or attempting to place fish, shellfish, or
wildlife into interstate commerce, any cold storage plant that
the department has probable cause to believe contains fish,
shellfish, or wildlife, or of any taxidermist or fur buyer.
Fish and wildlife officers may inspect without warrant the
records required by the department of any retail outlet selling
fish, shellfish, or wildlife, and, if the officers have probable
cause to believe a violation of this title or rules of the
commission has occurred, they may inspect without warrant
the premises, containers, and fish, shellfish, and wildlife of
any retail outlet selling fish, shellfish, or wildlife. Authority
granted under this section does not extend to quarters in a
boat, building, or other property used exclusively as a private
domicile, does not extend to transitory residences in which
a person has a reasonable expectation of privacy, and does
not allow search and seizure without a warrant if the thing
or place is protected from search without warrant within the
meaning of Article I, section 7 of the state Constitution.
[2002 c 128 § 5; 2001 c 253 § 26; 1998 c 190 § 116; 1982
c 152 § 1; 1980 c 78 § 22. Formerly RCW 77.12.095.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.15.098 Willful misconduct/gross negligence—
Civil liability. (1) An authorized state, county, or municipal
officer may be subject to civil liability under RCW
(2002 Ed.)
77.15.094
77.15.070 for willful misconduct or gross negligence in the
performance of his or her duties.
(2) The director, the fish and wildlife commission, or
the department may be subject to civil liability for their
willful or reckless misconduct in matters involving the
seizure and forfeiture of personal property involved with fish
or wildlife offenses. [2000 c 107 § 215; 1993 sp.s. c 2 § 68;
1989 c 314 § 3. Formerly RCW 77.12.103.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Finding—1989 c 314: "In order to improve the enforcement of
wildlife laws it is important to increase the penalties upon poachers by
seizing the conveyances and gear that are used in poaching activities and to
cause forfeiture of those items to the department." [1989 c 314 § 1.]
77.15.100 Forfeited wildlife and articles—
Disposition—Department authority—Sale. (1) Unless
otherwise provided in this title, fish, shellfish, or wildlife
unlawfully taken or possessed, or involved in a violation
shall be forfeited to the state upon conviction. Unless
already held by, sold, destroyed, or disposed of by the
department, the court shall order such fish or wildlife to be
delivered to the department. Where delay will cause loss to
the value of the property and a ready wholesale buying
market exists, the department may sell property to a wholesale buyer at a fair market value.
(2) When seized property is forfeited to the department,
the department may retain it for official use unless the
property is required to be destroyed, or upon application by
any law enforcement agency of the state, release the property
to the agency for the use of enforcing this title, or sell such
property and deposit the proceeds into the state wildlife fund
established under RCW 77.12.170. Any sale of other
property shall be at public auction or after public advertisement reasonably designed to obtain the highest price. The
time, place, and manner of holding the sale shall be determined by the director. The director may contract for the
sale to be through the department of general administration
as state surplus property, or, except where not justifiable by
the value of the property, the director shall publish notice of
the sale once a week for at least two consecutive weeks
before the sale in at least one newspaper of general circulation in the county in which the sale is to be held. [2000 c
107 § 235; 1998 c 190 § 63.]
77.15.110 Acting for commercial purposes—
When—Proof. (1) For purposes of this chapter, a person
acts for commercial purposes if the person engages in
conduct that relates to commerce in fish, seaweed, shellfish,
or wildlife or any parts thereof. Commercial conduct may
include taking, delivering, selling, buying, or trading fish,
seaweed, shellfish, or wildlife where there is present or
future exchange of money, goods, or any valuable consideration. Evidence that a person acts for commercial purposes
includes, but is not limited to, the following conduct:
(a) Using gear typical of that used in commercial
fisheries;
(b) Exceeding the bag or possession limits for personal
use by taking or possessing more than three times the
amount of fish, seaweed, shellfish, or wildlife allowed;
[Title 77 RCW—page 27]
77.15.110
Title 77 RCW: Fish and Wildlife
(c) Delivering or attempting to deliver fish, seaweed,
shellfish, or wildlife to a person who sells or resells fish,
seaweed, shellfish, or wildlife including any licensed or
unlicensed wholesaler;
(d) Taking fish or shellfish using a vessel designated on
a commercial fishery license or using gear not authorized in
a personal use fishery;
(e) Using a commercial fishery license;
(f) Selling or dealing in raw furs; or
(g) Performing taxidermy service on fish, shellfish, or
wildlife belonging to another person for a fee or receipt of
goods or services.
(2) For purposes of this chapter, the value of any fish,
seaweed, shellfish, or wildlife may be proved based on
evidence of legal or illegal sales involving the person
charged or any other person, of offers to sell or solicitation
of offers to sell by the person charged or by any other
person, or of any market price for the fish, seaweed, shellfish, or wildlife including market price for farm-raised game
animals. The value assigned to specific fish, seaweed,
shellfish, or wildlife by RCW 77.15.420 may be presumed
to be the value of such fish, seaweed, shellfish, or wildlife.
It is not relevant to proof of value that the person charged
misrepresented that the fish, seaweed, shellfish, or wildlife
was taken in compliance with law if the fish, seaweed,
shellfish, or wildlife was unlawfully taken and had no lawful
market value. [2002 c 127 § 2; 2001 c 253 § 27; 1998 c
190 § 8.]
Intent—2002 c 127: "The legislature intends to clarify that when a
crime under chapter 77.15 RCW requires proof that a person acted for
commercial purposes, that element refers to engaging in particular conduct
that is commercial in nature and the element does not imply that a particular
state of mind must exist. This act revises the existing definition of that
element to confirm that the element is fulfilled by engaging in commercial
conduct and to eliminate any implication that a particular mental state of
mind must be shown. Examples are given of the type of conduct that may
be considered as evidence that a person acts for a commercial purpose;
however, these examples do not create a conclusive presumption that a
person acts for a commercial purpose." [2002 c 127 § 1.]
77.15.120 Endangered fish or wildlife—Unlawful
taking—Penalty. (1) A person is guilty of unlawful taking
of endangered fish or wildlife in the second degree if the
person hunts, fishes, possesses, maliciously harasses or kills
fish or wildlife, or maliciously destroys the nests or eggs of
fish or wildlife and the fish or wildlife is designated by the
commission as endangered, and the taking has not been
authorized by rule of the commission.
(2) A person is guilty of unlawful taking of endangered
fish or wildlife in the first degree if the person has been:
(a) Convicted under subsection (1) of this section or
convicted of any crime under this title involving the killing,
possessing, harassing, or harming of endangered fish or
wildlife; and
(b) Within five years of the date of the prior conviction
the person commits the act described by subsection (1) of
this section.
(3)(a) Unlawful taking of endangered fish or wildlife in
the second degree is a gross misdemeanor.
(b) Unlawful taking of endangered fish or wildlife in the
first degree is a class C felony. The department shall revoke
any licenses or tags used in connection with the crime and
order the person’s privileges to hunt, fish, trap, or obtain
[Title 77 RCW—page 28]
licenses under this title to be suspended for two years.
[2000 c 107 § 236; 1998 c 190 § 13.]
77.15.130 Protected fish or wildlife—Unlawful
taking—Penalty. (1) A person is guilty of unlawful taking
of protected fish or wildlife if:
(a) The person hunts, fishes, possesses, or maliciously
kills protected fish or wildlife, or the person possesses or
maliciously destroys the eggs or nests of protected fish or
wildlife, and the taking has not been authorized by rule of
the commission; or
(b) The person violates any rule of the commission
regarding the taking, harming, harassment, possession, or
transport of protected fish or wildlife.
(2) Unlawful taking of protected fish or wildlife is a
misdemeanor. [1998 c 190 § 14.]
77.15.140 Unclassified fish or wildlife—Unlawful
taking—Penalty. (1) A person is guilty of unlawful taking
of unclassified fish or wildlife if:
(a) The person kills, hunts, fishes, takes, holds, possesses, transports, or maliciously injures or harms fish or wildlife
that is not classified as big game, game fish, game animals,
game birds, food fish, shellfish, protected wildlife, or
endangered wildlife; and
(b) The act violates any rule of the commission or the
director.
(2) Unlawful taking of unclassified fish or wildlife is a
misdemeanor. [1998 c 190 § 15.]
77.15.150 Poison or explosives—Unlawful use—
Penalty. (1) A person is guilty of unlawful use of poison or
explosives if:
(a) The person lays out, sets out, or uses a drug, poison,
or other deleterious substance that kills, injures, harms, or
endangers fish, shellfish, or wildlife, except if the person is
using the substance in compliance with federal and state
laws and label instructions; or
(b) The person lays out, sets out, or uses an explosive
that kills, injures, harms, or endangers fish, shellfish, or
wildlife, except if authorized by law or permit of the
director.
(2) Unlawful use of poison or explosives is a gross
misdemeanor. [2001 c 253 § 28; 1998 c 190 § 16.]
77.15.160 Infractions—Record catch—Barbed
hooks—Other rule violations. A person is guilty of an
infraction, which shall be cited and punished as provided
under chapter 7.84 RCW, if the person:
(1) Fails to immediately record a catch of fish or
shellfish on a catch record card required by RCW 77.32.430,
or required by rule of the commission under this title; or
(2) Fishes for personal use using barbed hooks in
violation of any rule; or
(3) Violates any other rule of the commission or director
that is designated by rule as an infraction. [2000 c 107 §
237; 1998 c 190 § 17.]
77.15.170 Waste of fish and wildlife—Penalty. (1)
A person is guilty of waste of fish and wildlife in the second
degree if:
(2002 Ed.)
Fish and Wildlife Enforcement Code
(a) The person kills, takes, or possesses fish, shellfish,
or wildlife and the value of the fish, shellfish, or wildlife is
greater than twenty dollars but less than two hundred fifty
dollars; and
(b) The person recklessly allows such fish, shellfish, or
wildlife to be wasted.
(2) A person is guilty of waste of fish and wildlife in
the first degree if:
(a) The person kills, takes, or possesses fish, shellfish,
or wildlife having a value of two hundred fifty dollars or
more or wildlife classified as big game; and
(b) The person recklessly allows such fish, shellfish, or
wildlife to be wasted.
(3)(a) Waste of fish and wildlife in the second degree is
a misdemeanor.
(b) Waste of fish and wildlife in the first degree is a
gross misdemeanor. Upon conviction, the department shall
revoke any license or tag used in the crime and shall order
suspension of the person’s privileges to engage in the activity in which the person committed waste of fish and wildlife
in the first degree for a period of one year.
(4) It is prima facie evidence of waste if a processor
purchases or engages a quantity of food fish, shellfish, or
game fish that cannot be processed within sixty hours after
the food fish, game fish, or shellfish are taken from the
water, unless the food fish, game fish, or shellfish are
preserved in good marketable condition. [1999 c 258 § 5;
1998 c 190 § 21.]
77.15.180 Unlawful interference with fishing or
hunting gear—Penalty. (1) A person is guilty of unlawful
interference with fishing or hunting gear in the second degree if the person:
(a) Takes or releases a wild animal from another
person’s trap without permission;
(b) Springs, pulls up, damages, possesses, or destroys
another person’s trap without the owner’s permission; or
(c) Interferes with recreational gear used to take fish or
shellfish.
(2) Unlawful interference with fishing or hunting gear
in the second degree is a misdemeanor.
(3) A person is guilty of unlawful interference with
fishing or hunting gear in the first degree if the person:
(a) Takes or releases fish or shellfish from commercial
fishing gear without the owner’s permission; or
(b) Intentionally destroys or interferes with commercial
fishing gear.
(4) Unlawful interference with fishing or hunting gear
in the first degree is a gross misdemeanor.
(5) A person is not in violation of unlawful interference
with fishing or hunting gear if the person removes a trap
placed on property owned, leased, or rented by the person.
[2001 c 253 § 29; 1998 c 190 § 22.]
77.15.190 Unlawful trapping—Penalty. (1) A person
is guilty of unlawful trapping if the person:
(a) Sets out traps that are capable of taking wild
animals, game animals, or furbearing mammals and does not
possess all licenses, tags, or permits required under this title;
(b) Violates any rule of the commission or director
regarding seasons, bag or possession limits, closed areas
(2002 Ed.)
77.15.170
including game reserves, closed times, or any other rule
governing the trapping of wild animals; or
(c) Fails to identify the owner of the traps or devices by
neither (i) attaching a metal tag with the owner’s department-assigned identification number or the name and address
of the trapper legibly written in numbers or letters not less
than one-eighth inch in height nor (ii) inscribing into the
metal of the trap such number or name and address.
(2) Unlawful trapping is a misdemeanor. [1999 c 258
§ 9; 1998 c 190 § 34.]
77.15.191 Revocation of trapper’s license—
Placement of unauthorized traps. The director may revoke
the trapper’s license of a person placing unauthorized traps
on private property and may remove those traps. [2000 c
107 § 268; 1987 c 372 § 4. Formerly RCW 77.65.470,
77.32.199.]
77.15.192 Definitions. The definitions in this section
apply throughout RCW 77.15.194 through 77.15.198.
(1) "Animal" means any nonhuman vertebrate.
(2) "Body-gripping trap" means a trap that grips an
animal’s body or body part. Body-gripping trap includes,
but is not limited to, steel-jawed leghold traps, padded-jaw
leghold traps, Conibear traps, neck snares, and nonstrangling
foot snares. Cage and box traps, suitcase-type live beaver
traps, and common rat and mouse traps are not considered
body-gripping traps.
(3) "Person" means a human being and, where appropriate, a public or private corporation, an unincorporated
association, a partnership, a government, or a governmental
instrumentality.
(4) "Raw fur" means a pelt that has not been processed
for purposes of retail sale.
(5) "Animal problem" means any animal that threatens
or damages timber or private property or threatens or injures
livestock or any other domestic animal. [2001 c 1 § 2
(Initiative Measure No. 713, approved November 7, 2000).]
Finding—2001 c 1 (Initiative Measure No. 713): "The people of the
state of Washington find that this act is necessary in order to protect people
and domestic pets and to protect and conserve wildlife from the dangers of
cruel and indiscriminate steel-jawed leghold traps and poisons, and to
encourage the use of humane methods of trapping when trapping is
necessary to ensure public health and safety, protect livestock or property,
safeguard threatened and endangered species, or conduct field research on
wildlife." [2001 c 1 § 1 (Initiative Measure No. 713, approved November
7, 2000).]
Severability—2001 c 1 (Initiative Measure No. 713): "If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2001 c 1 § 6 (Initiative Measure
No. 713, approved November 7, 2000).]
77.15.194 Unlawful traps. (1) It is unlawful to use
or authorize the use of any steel-jawed leghold trap, neck
snare, or other body-gripping trap to capture any mammal
for recreation or commerce in fur.
(2) It is unlawful to knowingly buy, sell, barter, or
otherwise exchange, or offer to buy, sell, barter, or otherwise
exchange the raw fur of a mammal or a mammal that has
been trapped in this state with a steel-jawed leghold trap or
any other body-gripping trap, whether or not pursuant to
permit.
[Title 77 RCW—page 29]
77.15.194
Title 77 RCW: Fish and Wildlife
(3) It is unlawful to use or authorize the use of any
steel-jawed leghold trap or any other body-gripping trap to
capture any animal, except as provided in subsections (4)
and (5) of this section.
(4) Nothing in this section prohibits the use of a
Conibear trap in water, a padded leghold trap, or a
nonstrangling type foot snare with a special permit granted
by [the] director under (a) through (d) of this subsection.
Issuance of the special permits shall be governed by rules
adopted by the department and in accordance with the
requirements of this section. Every person granted a special
permit to use a trap or device listed in this subsection shall
check the trap or device at least every twenty-four hours.
(a) Nothing in this section prohibits the director, in
consultation with the department of social and health
services or the United States department of health and
human services from granting a permit to use traps listed in
this subsection for the purpose of protecting people from
threats to their health and safety.
(b) Nothing in this section prohibits the director from
granting a special permit to use traps listed in this subsection
to a person who applies for such a permit in writing, and
who establishes that there exists on a property an animal
problem that has not been and cannot be reasonably abated
by the use of nonlethal control tools, including but not
limited to guard animals, electric fencing, or box and cage
traps, or if such nonlethal means cannot be reasonably
applied. Upon making a finding in writing that the animal
problem has not been and cannot be reasonably abated by
nonlethal control tools or if the tools cannot be reasonably
applied, the director may authorize the use, setting, placing,
or maintenance of the traps for a period not to exceed thirty
days.
(c) Nothing in this section prohibits the director from
granting a special permit to department employees or agents
to use traps listed in this subsection where the use of the
traps is the only practical means of protecting threatened or
endangered species as designated under RCW 77.08.010.
(d) Nothing in this section prohibits the director from
issuing a permit to use traps listed in this subsection,
excluding Conibear traps, for the conduct of legitimate
wildlife research.
(5) Nothing in this section prohibits the United States
fish and wildlife service, its employees or agents, from using
a trap listed in subsection (4) of this section where the fish
and wildlife service determines, in consultation with the
director, that the use of such traps is necessary to protect
species listed as threatened or endangered under the federal
endangered species act (16 U.S.C. Sec. 1531 et seq.). [2001
c 1 § 3 (Initiative Measure No. 713, approved November 7,
2000).]
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See
notes following RCW 77.15.192.
77.15.196 Unlawful poison. It is unlawful to poison
or attempt to poison any animal using sodium fluoroacetate,
also known as compound 1080, or sodium cyanide. [2001
c 1 § 4 (Initiative Measure No. 713, approved November 7,
2000).]
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See
notes following RCW 77.15.192.
[Title 77 RCW—page 30]
77.15.198 Violation of RCW 77.15.194 or
77.15.196—Penalty. Any person who violates RCW
77.15.194 or 77.15.196 is guilty of a gross misdemeanor. In
addition to appropriate criminal penalties, the director shall
revoke the trapping license of any person convicted of a
violation of RCW 77.15.194 or 77.15.196. The director shall
not issue the violator a trapping license for a period of five
years following the revocation. Following a subsequent
conviction for a violation of RCW 77.15.194 or 77.15.196
by the same person, the director shall not issue a trapping
license to the person at any time. [2001 c 1 § 5 (Initiative
Measure No. 713, approved November 7, 2000).]
Finding—Severability—2001 c 1 (Initiative Measure No. 713): See
notes following RCW 77.15.192.
77.15.210 Obstructing the taking of fish, shellfish,
or wildlife—Penalty. (1) A person is guilty of obstructing
the taking of fish[, shellfish,] or wildlife if the person:
(a) Harasses, drives, or disturbs fish, shellfish, or
wildlife with the intent of disrupting lawful pursuit or taking
thereof; or
(b) Harasses, intimidates, or interferes with an individual
engaged in the lawful taking of fish, shellfish, or wildlife or
lawful predator control with the intent of disrupting lawful
pursuit or taking thereof.
(2) Obstructing the taking of fish, shellfish, or wildlife
is a gross misdemeanor.
(3) It is an affirmative defense to a prosecution for
obstructing the taking of fish, shellfish, or wildlife that the
person charged was:
(a) Interfering with a person engaged in hunting outside
the legally established hunting season; or
(b) Preventing or attempting to prevent unauthorized
trespass on private property.
(4) The person raising a defense under subsection (3) of
this section has the burden of proof by a preponderance of
the evidence. [2001 c 253 § 30; 1998 c 190 § 24.]
77.15.212 Damages due to violation of RCW
77.15.210—Civil action. Any person who is damaged by
any act prohibited in RCW 77.15.210 may bring a civil
action to enjoin further violations, and recover damages
sustained, including a reasonable attorneys’ fee. The trial
court may increase the award of damages to an amount not
to exceed three times the damages sustained. A party
seeking civil damages under this section may recover upon
proof of a violation by a preponderance of the evidence.
The state of Washington may bring a civil action to enjoin
violations of this section. [2000 c 107 § 238.]
77.15.220 Unlawful posting—Penalty. (1) A person
is guilty of unlawful posting if the individual posts signs
preventing hunting or fishing on any land not owned or
leased by the individual, or without the permission of the
person who owns, leases, or controls the land posted.
(2) Unlawful posting is a misdemeanor. [1998 c 190 §
25.]
77.15.230 Department lands or facilities—Unlawful
use—Penalty. (1) A person is guilty of unlawful use of
(2002 Ed.)
Fish and Wildlife Enforcement Code
department lands or facilities if the person enters upon, uses,
or remains upon department-owned or department-controlled
lands or facilities in violation of any rule of the department.
(2) Unlawful use of department lands or facilities is a
misdemeanor. [1999 c 258 § 6; 1998 c 190 § 26.]
77.15.240 Unlawful use of dogs—Public nuisance—
Penalty. (1) A person is guilty of unlawful use of dogs if
the person:
(a) Negligently fails to prevent a dog under the person’s
control from pursuing or injuring deer, elk, or an animal
classified as endangered under this title;
(b) Uses the dog to hunt deer or elk; or
(c) During the closed season for a species of game
animal or game bird, negligently fails to prevent the dog
from pursuing such animal or destroying the nest of a game
bird.
(2) Unlawful use of dogs is a misdemeanor. A dog that
is the basis for a violation of this section may be declared a
public nuisance. [1998 c 190 § 30.]
77.15.245 Unlawful practices—Black bear baiting—
Exceptions—Illegal hunting—Use of dogs—Exceptions—
Penalties. (1) Notwithstanding the provisions of RCW
77.12.240, 77.36.020, 77.36.030, or any other provisions of
law, it is unlawful to take, hunt, or attract black bear with
the aid of bait.
(a) Nothing in this subsection shall be construed to
prohibit the killing of black bear with the aid of bait by
employees or agents of county, state, or federal agencies
while acting in their official capacities for the purpose of
protecting livestock, domestic animals, private property, or
the public safety.
(b) Nothing in this subsection shall be construed to
prevent the establishment and operation of feeding stations
for black bear in order to prevent damage to commercial
timberland.
(c) Nothing in this subsection shall be construed to
prohibit the director from issuing a permit or memorandum
of understanding to a public agency, university, or scientific
or educational institution for the use of bait to attract black
bear for scientific purposes.
(d) As used in this subsection, "bait" means a substance
placed, exposed, deposited, distributed, scattered, or otherwise used for the purpose of attracting black bears to an area
where one or more persons hunt or intend to hunt them.
(2) Notwithstanding RCW 77.12.240, 77.36.020,
77.36.030, or any other provisions of law, it is unlawful to
hunt or pursue black bear, cougar, bobcat, or lynx with the
aid of a dog or dogs.
(a) Nothing in this subsection shall be construed to
prohibit the killing of black bear, cougar, bobcat, or lynx
with the aid of a dog or dogs by employees or agents of
county, state, or federal agencies while acting in their official
capacities for the purpose of protecting livestock, domestic
animals, private property, or the public safety. A dog or
dogs may be used by the owner or tenant of real property
consistent with a permit issued and conditioned by the
director.
(b) Nothing in this subsection shall be construed to
prohibit the director from issuing a permit or memorandum
(2002 Ed.)
77.15.230
of understanding to a public agency, university, or scientific
or educational institution for the use of a dog or dogs for the
pursuit, capture and relocation, of black bear, cougar, bobcat,
or lynx for scientific purposes.
(c) Nothing in this subsection shall be construed to
prohibit the director from issuing a permit or memorandum
of understanding to a public agency, university, or scientific
or educational institution for the use of a dog or dogs for the
killing of black bear, cougar, or bobcat, for the protection of
a state and/or federally listed threatened or endangered
species.
(3) Notwithstanding subsection (2) of this section, the
commission shall authorize the use of dogs only in selected
areas within a game management unit to address a public
safety need presented by one or more cougar. This authority
may only be exercised after the commission has determined
that no other practical alternative to the use of dogs exists,
and after the commission has adopted rules describing the
conditions in which dogs may be used. Conditions that may
warrant the use of dogs within a game management unit
include, but are not limited to, confirmed cougar/human
safety incidents, confirmed cougar/livestock and cougar/pet
depredations, and the number of cougar capture attempts and
relocations.
(4) A person who violates subsection (1) or (2) of this
section is guilty of a gross misdemeanor. In addition to
appropriate criminal penalties, the department shall revoke
the hunting license of a person who violates subsection (1)
or (2) of this section and order the suspension of wildlife
hunting privileges for a period of five years following the
revocation. Following a subsequent violation of subsection
(1) or (2) of this section by the same person, a hunting
license shall not be issued to the person at any time. [2001
c 253 § 31. Prior: 2000 c 248 § 1; 2000 c 107 § 260; 1997
c 1 § 1 (Initiative Measure No. 655, approved November 5,
1996). Formerly RCW 77.16.360.]
Effective date—2000 c 248: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 31, 2000]." [2000 c 248 § 2.]
Severability—1997 c 1 (Initiative Measure No. 655): "If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1997 c 1 § 2 (Initiative Measure
No. 655, approved November 5, 1996).]
77.15.250 Unlawful release of fish, shellfish, or
wildlife—Penalty—Unlawful release of deleterious exotic
wildlife—Penalty. (1)(a) A person is guilty of unlawfully
releasing, planting, or placing fish, shellfish, or wildlife if
the person knowingly releases, plants, or places live fish,
shellfish, wildlife, or aquatic plants within the state, and the
fish, shellfish, or wildlife have not been classified as
deleterious wildlife. This subsection does not apply to a
release of game fish into private waters for which a game
fish stocking permit has been obtained, or the planting of
fish or shellfish by permit of the commission.
(b) A violation of this subsection is a gross misdemeanor. In addition, the department shall order the person to pay
all costs the department incurred in capturing, killing, or
controlling the fish, shellfish, aquatic plants, or wildlife
released or its progeny. This does not affect the existing
authority of the department to bring a separate civil action to
[Title 77 RCW—page 31]
77.15.250
Title 77 RCW: Fish and Wildlife
recover costs of capturing, killing, controlling the fish, shellfish, aquatic plants, or wildlife released or their progeny, or
restoration of habitat necessitated by the unlawful release.
(2)(a) A person is guilty of unlawful release of deleterious exotic wildlife if the person knowingly releases, plants,
or places live fish, shellfish, or wildlife within the state and
such fish, shellfish, or wildlife has been classified as
deleterious exotic wildlife by rule of the commission.
(b) A violation of this subsection is a class C felony.
In addition, the department shall also order the person to pay
all costs the department incurred in capturing, killing, or
controlling the fish, shellfish, or wildlife released or its
progeny. This does not affect the existing authority of the
department to bring a separate civil action to recover costs
of capturing, killing, controlling the fish, shellfish, or
wildlife released or their progeny, or restoration of habitat
necessitated by the unlawful release. [2001 c 253 § 32;
1998 c 190 § 31.]
77.15.253 Unlawful use of prohibited aquatic
animal species—Penalty. (1) A person is guilty of unlawful use of a prohibited aquatic animal species if he or she
possesses, imports, purchases, sells, propagates, transports,
or releases a prohibited aquatic animal species within the
state, except as provided in this section.
(2) Unless otherwise prohibited by law, a person may:
(a) Transport prohibited aquatic animal species to the
department, or to another destination designated by the
director, in a manner designated by the director, for purposes
of identifying a species or reporting the presence of a
species;
(b) Possess a prohibited aquatic animal species if he or
she is in the process of removing it from watercraft or
equipment in a manner specified by the department;
(c) Release a prohibited aquatic animal species if the
species was caught while fishing and it is being immediately
returned to the water from which it came; or
(d) Possess, transport, or release a prohibited aquatic
animal species as the commission may otherwise prescribe.
(3) Unlawful use of a prohibited aquatic animal species
is a gross misdemeanor. A subsequent violation of subsection (1) of this section within five years is a class C felony.
(4) A person is guilty of unlawful release of a regulated
aquatic animal species if he or she releases a regulated
aquatic animal species into state waters, unless allowed by
the commission.
(5) Unlawful release of a regulated aquatic animal
species is a gross misdemeanor.
(6) A person is guilty of unlawful release of an unlisted
aquatic animal species if he or she releases an unlisted
aquatic animal species into state waters without requesting
a commission designation under RCW 77.12.020.
(7) Unlawful release of an unlisted aquatic animal
species is a gross misdemeanor.
(8) This section does not apply to the transportation or
release of organisms in ballast water. [2002 c 281 § 4.]
Purpose—2002 c 281: See note following RCW 77.08.010.
77.15.260 Unlawful trafficking in fish, shellfish, or
wildlife—Penalty. (1) A person is guilty of unlawful
trafficking in fish, shellfish, or wildlife in the second degree
[Title 77 RCW—page 32]
if the person traffics in fish, shellfish, or wildlife with a
wholesale value of less than two hundred fifty dollars and:
(a) The fish or wildlife is classified as game, food fish,
shellfish, game fish, or protected wildlife and the trafficking
is not authorized by statute or rule of the department; or
(b) The fish, shellfish, or wildlife is unclassified and the
trafficking violates any rule of the department.
(2) A person is guilty of unlawful trafficking in fish,
shellfish, or wildlife in the first degree if the person commits
the act described by subsection (1) of this section and:
(a) The fish, shellfish, or wildlife has a value of two
hundred fifty dollars or more; or
(b) The fish, shellfish, or wildlife is designated as an
endangered species or deleterious exotic wildlife and such
trafficking is not authorized by any statute or rule of the
department.
(3)(a) Unlawful trafficking in fish, shellfish, or wildlife
in the second degree is a gross misdemeanor.
(b) Unlawful trafficking in fish, shellfish, or wildlife in
the first degree is a class C felony. [2001 c 253 § 33; 1998
c 190 § 42.]
77.15.270 Providing false information—Penalty. (1)
A person is guilty of providing false information regarding
fish, shellfish, or wildlife if the person knowingly provides
false or misleading information required by any statute or
rule to be provided to the department regarding the taking,
delivery, possession, transportation, sale, transfer, or any
other use of fish, shellfish, or wildlife.
(2) Providing false information regarding fish, shellfish,
or wildlife is a gross misdemeanor. [2001 c 253 § 34; 1998
c 190 § 46.]
77.15.280 Reporting of fish or wildlife harvest—
Rules violation—Penalty. (1) A person is guilty of
violating rules requiring reporting of fish or wildlife harvest
if the person:
(a) Fails to make a harvest log report of a commercial
fish or shellfish catch in violation of any rule of the commission or the director;
(b) Fails to maintain a trapper’s report or taxidermist
ledger in violation of any rule of the commission or the
director;
(c) Fails to submit any portion of a big game animal for
a required inspection required by rule of the commission or
the director; or
(d) Fails to return a catch record card or wildlife harvest
report to the department as required by rule of the commission or director.
(2) Violating rules requiring reporting of fish or wildlife
harvest is a misdemeanor. [1998 c 190 § 47.]
77.15.290 Unlawful transportation of fish or
wildlife—Unlawful transport of aquatic plants—Penalty.
(1) A person is guilty of unlawful transportation of fish or
wildlife in the second degree if the person:
(a) Knowingly imports, moves within the state, or
exports fish, shellfish, or wildlife in violation of any rule of
the commission or the director governing the transportation
or movement of fish, shellfish, or wildlife and the transportation does not involve big game, endangered fish or wildlife,
(2002 Ed.)
Fish and Wildlife Enforcement Code
deleterious exotic wildlife, or fish, shellfish, or wildlife
having a value greater than two hundred fifty dollars; or
(b) Possesses but fails to affix or notch a big game
transport tag as required by rule of the commission or
director.
(2) A person is guilty of unlawful transportation of fish
or wildlife in the first degree if the person:
(a) Knowingly imports, moves within the state, or
exports fish, shellfish, or wildlife in violation of any rule of
the commission or the director governing the transportation
or movement of fish, shellfish, or wildlife and the transportation involves big game, endangered fish or wildlife, deleterious exotic wildlife, or fish, shellfish, or wildlife with a
value of two hundred fifty dollars or more; or
(b) Knowingly transports shellfish, shellstock, or
equipment used in commercial culturing, taking, handling, or
processing shellfish without a permit required by authority
of this title.
(3)(a) Unlawful transportation of fish or wildlife in the
second degree is a misdemeanor.
(b) Unlawful transportation of fish or wildlife in the first
degree is a gross misdemeanor.
(4) A person is guilty of unlawful transport of aquatic
plants if the person transports aquatic plants on any state or
public road, including forest roads, except as provided in this
section.
(5) Unless otherwise prohibited by law, a person may
transport aquatic plants:
(a) To the department, or to another destination designated by the director, in a manner designated by the department, for purposes of identifying a species or reporting the
presence of a species;
(b) When legally obtained for aquarium use, wetland or
lakeshore restoration, or ornamental purposes;
(c) When transporting a commercial aquatic plant
harvester to a suitable location for purposes of removing
aquatic plants;
(d) In a manner that prevents their unintentional
dispersal, to a suitable location for disposal, research, or
educational purposes; or
(e) As the commission may otherwise prescribe.
(6) Unlawful transport of aquatic plants is a misdemeanor. [2002 c 281 § 7; 2001 c 253 § 35; 1998 c 190 § 48.]
Purpose—2002 c 281: See note following RCW 77.08.010.
77.15.300 Unlawful hydraulic project activities—
Penalty. (1) A person is guilty of unlawfully undertaking
hydraulic project activities if the person constructs any form
of hydraulic project or performs other work on a hydraulic
project and:
(a) Fails to have a hydraulic project approval required
under chapter 77.55 RCW for such construction or work; or
(b) Violates any requirements or conditions of the
hydraulic project approval for such construction or work.
(2) Unlawfully undertaking hydraulic project activities
is a gross misdemeanor. [2000 c 107 § 239; 1998 c 190 §
52.]
77.15.310 Unlawful failure to use or maintain
approved fish guard on water diversion device—Penalty.
(1) A person is guilty of unlawful failure to use or maintain
(2002 Ed.)
77.15.290
an approved fish guard on a diversion device if the person
owns, controls, or operates a device used for diverting or
conducting water from a lake, river, or stream and:
(a) The device is not equipped with a fish guard, screen,
or bypass approved by the director as required by RCW
77.55.040 or *77.16.220; or
(b) The person knowingly fails to maintain or operate an
approved fish guard, screen, or bypass so as to effectively
screen or prevent fish from entering the intake.
(2) Unlawful failure to use or maintain an approved fish
guard, screen, or bypass on a diversion device is a gross
misdemeanor. Following written notification to the person
from the department that there is a violation, each day that
a diversion device is operated without an approved or
maintained fish guard, screen, or bypass is a separate
offense. [2000 c 107 § 240; 1998 c 190 § 53.]
*Reviser’s note: RCW 77.16.220 was recodified as RCW 77.55.320
pursuant to 2001 c 253 § 61.
77.15.320 Unlawful failure to provide, maintain, or
operate fishway for dam or other obstruction—Penalty.
(1) A person is guilty of unlawful failure to provide,
maintain, or operate a fishway for dam or other obstruction
if the person owns, operates, or controls a dam or other
obstruction to fish passage on a river or stream and:
(a) The dam or obstruction is not provided with a
durable and efficient fishway approved by the director as
required by RCW 77.55.060;
(b) Fails to maintain a fishway in efficient operating
condition; or
(c) Fails to continuously supply a fishway with a
sufficient supply of water to allow the free passage of fish.
(2) Unlawful failure to provide, maintain, or operate a
fishway for dam or other obstruction is a gross misdemeanor. Following written notification to the person from the
department that there is a violation, each day of unlawful
failure to provide, maintain, or operate a fishway is a
separate offense. [2000 c 107 § 241; 1998 c 190 § 54.]
77.15.330 Unlawful hunting or fishing contests—
Penalty. (1) A person is guilty of unlawfully holding a
hunting or fishing contest if the person:
(a) Conducts, holds, or sponsors a hunting contest, a
fishing contest involving game fish, or a competitive field
trial using live wildlife without the permit required by RCW
77.65.480; or
(b) Violates any rule of the commission or the director
applicable to a hunting contest, fishing contest involving
game fish, or a competitive field trial using live wildlife.
(2) Unlawfully holding a hunting or fishing contest is a
misdemeanor. [2001 c 253 § 36; 1998 c 190 § 56.]
77.15.340 Unlawful operation of a game farm—
Penalty. (1) A person is guilty of unlawful operation of a
game farm if the person (a) operates a game farm without
the license required by RCW 77.65.480; or (b) violates any
rule of the commission or the director applicable to game
farms under RCW 77.12.570, 77.12.580, and 77.12.590.
(2) Unlawful operation of a game farm is a gross
misdemeanor. [2001 c 253 § 37; 1998 c 190 § 57.]
[Title 77 RCW—page 33]
77.15.350
Title 77 RCW: Fish and Wildlife
77.15.350 Inspection and disease control of aquatic
farms—Rules violation—Penalty. (1) A person is guilty of
violating a rule regarding inspection and disease control of
aquatic farms if the person:
(a) Violates any rule adopted under chapter 77.115
RCW regarding the inspection and disease control program
for an aquatic farm; or
(b) Fails to register or report production from an aquatic
farm as required by chapter 77.115 RCW.
(2) A violation of a rule regarding inspection and
disease control of aquatic farms is a misdemeanor. [2000 c
107 § 242; 1998 c 190 § 58.]
77.15.360 Unlawful interfering in department
operations—Penalty. (1) A person is guilty of unlawful
interfering in department operations if the person prevents
department employees from carrying out duties authorized by
this title, including but not limited to interfering in the
operation of department vehicles, vessels, or aircraft.
(2) Unlawful interfering in department operations is a
gross misdemeanor. [2000 c 107 § 243; 1998 c 190 § 61.]
77.15.370 Unlawful recreational fishing in the first
degree—Penalty. (1) A person is guilty of unlawful
recreational fishing in the first degree if:
(a) The person takes, possesses, or retains two times or
more than the bag limit or possession limit of fish or
shellfish allowed by any rule of the director or commission
setting the amount of food fish, game fish, or shellfish that
can be taken, possessed, or retained for noncommercial use;
(b) The person fishes in a fishway; or
(c) The person shoots, gaffs, snags, snares, spears,
dipnets, or stones fish or shellfish in state waters, or possesses fish or shellfish taken by such means, unless such means
are authorized by express rule of the commission or director.
(2) Unlawful recreational fishing in the first degree is a
gross misdemeanor. [2001 c 253 § 38; 1998 c 190 § 19.]
77.15.380 Unlawful recreational fishing in the
second degree—Penalty. (1) A person is guilty of unlawful
recreational fishing in the second degree if the person fishes
for, takes, possesses, or harvests fish or shellfish and:
(a) The person does not have and possess the license or
the catch record card required by chapter 77.32 RCW for
such activity; or
(b) The action violates any rule of the commission or
the director regarding seasons, bag or possession limits but
less than two times the bag or possession limit, closed areas,
closed times, or any other rule addressing the manner or
method of fishing or possession of fish, except for use of a
net to take fish as provided for in RCW 77.15.580.
(2) Unlawful recreational fishing in the second degree
is a misdemeanor. [2001 c 253 § 39; 2000 c 107 § 244;
1998 c 190 § 18.]
77.15.390 Seaweed—Unlawful taking—Penalty. (1)
A person is guilty of unlawful taking of seaweed if the
person takes, possesses, or harvests seaweed and:
(a) The person does not have and possess the license
required by chapter 77.32 RCW for taking seaweed; or
[Title 77 RCW—page 34]
(b) The action violates any rule of the department or the
department of natural resources regarding seasons, possession limits, closed areas, closed times, or any other rule
addressing the manner or method of taking, possessing, or
harvesting of seaweed.
(2) Unlawful taking of seaweed is a misdemeanor. This
does not affect rights of the state to recover civilly for
trespass, conversion, or theft of state-owned valuable
materials. [2001 c 253 § 40; 2000 c 107 § 245; 1998 c 190
§ 20.]
77.15.400 Unlawful hunting of wild birds—Penalty.
(1) A person is guilty of unlawful hunting of wild birds in
the second degree if the person:
(a) Hunts for, takes, or possesses a wild bird and the
person does not have and possess all licenses, tags, stamps,
and permits required under this title;
(b) Maliciously destroys, takes, or harms the eggs or
nests of a wild bird except when authorized by permit;
(c) Violates any rule of the commission or director
regarding seasons, bag or possession limits but less than two
times the bag or possession limit, closed areas, closed times,
or other rule addressing the manner or method of hunting or
possession of wild birds; or
(d) Possesses a wild bird taken during a closed season
for that wild bird or taken from a closed area for that wild
bird.
(2) A person is guilty of unlawful hunting of wild birds
in the first degree if the person takes or possesses two times
or more than the possession or bag limit for wild birds
allowed by rule of the commission or director.
(3)(a) Unlawful hunting of wild birds in the second
degree is a misdemeanor.
(b) Unlawful hunting of wild birds in the first degree is
a gross misdemeanor. [2001 c 253 § 41; 1999 c 258 § 2;
1998 c 190 § 9.]
77.15.410 Unlawful hunting of big game—Penalty.
(1) A person is guilty of unlawful hunting of big game in the
second degree if the person:
(a) Hunts for, takes, or possesses big game and the
person does not have and possess all licenses, tags, or
permits required under this title;
(b) Violates any rule of the commission or director
regarding seasons, bag or possession limits, closed areas
including game reserves, closed times, or any other rule
governing the hunting, taking, or possession of big game; or
(c) Possesses big game taken during a closed season for
that big game or taken from a closed area for that big game.
(2) A person is guilty of unlawful hunting of big game
in the first degree if the person was previously convicted of
any crime under this title involving unlawful hunting, killing,
possessing, or taking big game, and within five years of the
date that the prior conviction was entered the person:
(a) Hunts for big game and does not have and possess
all licenses, tags, or permits required under this title;
(b) Acts in violation of any rule of the commission or
director regarding seasons, bag or possession limits, closed
areas including game reserves, or closed times; or
(c) Possesses big game taken during a closed season for
that big game or taken from a closed area for that big game.
(2002 Ed.)
Fish and Wildlife Enforcement Code
(3)(a) Unlawful hunting of big game in the second
degree is a gross misdemeanor.
(b) Unlawful hunting of big game in the first degree is
a class C felony. Upon conviction, the department shall
revoke all licenses or tags involved in the crime and the
department shall order the person’s hunting privileges suspended for two years. [1999 c 258 § 3; 1998 c 190 § 10.]
77.15.420 Illegally taken or possessed wildlife—
Criminal wildlife penalty assessed. (1) If a person is
convicted of violating RCW 77.15.410 and that violation
results in the death of wildlife listed in this section, the court
shall require payment of the following amounts for each
animal killed or possessed. This shall be a criminal wildlife
penalty assessment that shall be paid to the clerk of the court
and distributed each month to the state treasurer for deposit
in the public safety and education account.
(a) Moose, mountain sheep, mountain goat, and all
wildlife species classified as endangered by rule of
the commission, except for mountain caribou and
grizzly bear as listed under (d) of this subsection . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,000
(b) Elk, deer, black bear, and cougar . . . . . . $ 2,000
(c) Trophy animal elk and deer . . . . . . . . . . $ 6,000
(d) Mountain caribou, grizzly bear, and trophy
animal mountain sheep . . . . . . . . . . . . . . . $12,000
(2) No forfeiture of bail may be less than the amount of
the bail established for hunting during closed season plus the
amount of the criminal wildlife penalty assessment in
subsection (1) of this section.
(3) For the purpose of this section a "trophy animal" is:
(a) A buck deer with four or more antler points on both
sides, not including eyeguards;
(b) A bull elk with five or more antler points on both
sides, not including eyeguards; or
(c) A mountain sheep with a horn curl of three-quarter
curl or greater.
For purposes of this subsection, "eyeguard" means an
antler protrusion on the main beam of the antler closest to
the eye of the animal.
(4) If two or more persons are convicted of illegally
possessing wildlife in subsection (1) of this section, the
criminal wildlife penalty assessment shall be imposed on
them jointly and separately.
(5) The criminal wildlife penalty assessment shall be
imposed regardless of and in addition to any sentence, fines,
or costs otherwise provided for violating any provision of
this title. The criminal wildlife penalty assessment shall be
included by the court in any pronouncement of sentence and
may not be suspended, waived, modified, or deferred in any
respect. This section may not be construed to abridge or
alter alternative rights of action or remedies in equity or
under common law or statutory law, criminal or civil.
(6) A defaulted criminal wildlife penalty assessment
may be collected by any means authorized by law for the
enforcement of orders of the court or collection of a fine or
costs, including but not limited to vacation of a deferral of
sentencing or vacation of a suspension of sentence.
(7) A person assessed a criminal wildlife penalty
assessment under this section shall have his or her hunting
(2002 Ed.)
77.15.410
license revoked and all hunting privileges suspended until
the penalty assessment is paid through the registry of the
court in which the penalty assessment was assessed. [1998
c 190 § 62.]
77.15.430 Unlawful hunting of wild animals—
Penalty. (1) A person is guilty of unlawful hunting of wild
animals in the second degree if the person:
(a) Hunts for, takes, or possesses a wild animal that is
not classified as big game, and does not have and possess all
licenses, tags, or permits required by this title;
(b) Violates any rule of the commission or director
regarding seasons, bag or possession limits but less than two
times the bag or possession limit, closed areas including
game reserves, closed times, or other rule addressing the
manner or method of hunting or possession of wild animals
not classified as big game; or
(c) Possesses a wild animal that is not classified as big
game taken during a closed season for that wild animal or
from a closed area for that wild animal.
(2) A person is guilty of unlawful hunting of wild
animals in the first degree if the person takes or possesses
two times or more than the possession or bag limit for wild
animals that are not classified as big game animals as
allowed by rule of the commission or director.
(3)(a) Unlawful hunting of wild animals in the second
degree is a misdemeanor.
(b) Unlawful hunting of wild animals in the first degree
is a gross misdemeanor. [1999 c 258 § 4; 1998 c 190 § 11.]
77.15.440 Weapons, traps, or dogs on game reserves—Unlawful use—Penalty. (1) A person is guilty of
unlawful use of weapons, traps, or dogs on game reserves if:
(a) The person uses firearms, other hunting weapons, or
traps on a game reserve; or
(b) The person negligently allows a dog upon a game
reserve.
(2) This section does not apply to persons on a public
highway or if the conduct is authorized by rule of the
department.
(3) This section does not apply to a person in possession
of a handgun if the person in control of the handgun
possesses a valid concealed pistol license and the handgun
is concealed on the person.
(4) Unlawful use of weapons, traps, or dogs on game
reserves is a misdemeanor. [1998 c 190 § 12.]
77.15.450 Spotlighting big game—Penalty. (1) A
person is guilty of spotlighting big game in the second
degree if the person hunts big game with the aid of a
spotlight or other artificial light while in possession or
control of a firearm, bow and arrow, or cross bow.
(2) A person is guilty of spotlighting big game in the
first degree if:
(a) The person has any prior conviction for gross
misdemeanor or felony for a crime under this title involving
big game including but not limited to subsection (1) of this
section or RCW 77.15.410; and
(b) Within ten years of the date that such prior conviction was entered the person commits the act described by
subsection (1) of this section.
[Title 77 RCW—page 35]
77.15.450
Title 77 RCW: Fish and Wildlife
(3)(a) Spotlighting big game in the second degree is a
gross misdemeanor.
(b) Spotlighting big game in the first degree is a class
C felony. Upon conviction, the department shall order
suspension of all privileges to hunt wildlife for a period of
two years. [1998 c 190 § 27.]
77.15.460 Loaded firearm in vehicle—Unlawful use
or possession—Penalty. (1) A person is guilty of unlawful
possession of a loaded firearm in a motor vehicle if:
(a) The person carries, transports, conveys, possesses, or
controls a rifle or shotgun in or on a motor vehicle; and
(b) The rifle or shotgun contains shells or cartridges in
the magazine or chamber, or is a muzzle-loading firearm that
is loaded and capped or primed.
(2) A person is guilty of unlawful use of a loaded
firearm if the person negligently shoots a firearm from,
across, or along the maintained portion of a public highway.
(3) Unlawful possession of a loaded firearm in a motor
vehicle or unlawful use of a loaded firearm is a misdemeanor.
(4) This section does not apply if the person:
(a) Is a law enforcement officer who is authorized to
carry a firearm and is on duty within the officer’s respective
jurisdiction;
(b) Possesses a disabled hunter’s permit as provided by
RCW 77.32.237 and complies with all rules of the department concerning hunting by persons with disabilities.
(5) For purposes of this section, a firearm shall not be
considered loaded if the detachable clip or magazine is not
inserted in or attached to the firearm. [1999 c 258 § 7; 1998
c 190 § 28.]
77.15.470 Wildlife check stations or field inspections—Unlawful avoidance—Penalty. (1) A person is
guilty of unlawfully avoiding wildlife check stations or field
inspections if the person fails to:
(a) Obey check station signs;
(b) Stop and report at a check station if directed to do
so by a uniformed fish and wildlife officer; or
(c) Produce for inspection upon request by a fish and
wildlife officer: (i) Hunting or fishing equipment; (ii)
seaweed, fish, shellfish, or wildlife; or (iii) licenses, permits,
tags, stamps, or catch record cards required by this title.
(2) Unlawfully avoiding wildlife check stations or field
inspections is a gross misdemeanor.
(3) Wildlife check stations may not be established upon
interstate highways or state routes. [2000 c 107 § 246; 1998
c 190 § 29.]
77.15.480 Certain devices declared public nuisances.
Articles or devices unlawfully used, possessed, or maintained
for catching, taking, killing, attracting, or decoying wildlife,
fish, and shellfish are public nuisances. If necessary, fish
and wildlife officers and ex officio fish and wildlife officers
may seize, abate, or destroy these public nuisances without
warrant or process. [2001 c 253 § 42; 2000 c 107 § 247;
1980 c 78 § 27; 1955 c 36 § 77.12.130. Prior: 1947 c 275
§ 23; Rem. Supp. 1947 § 5992-33. Formerly RCW
77.12.130.]
[Title 77 RCW—page 36]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.15.500 Commercial fishing without a license—
Penalty. (1) A person is guilty of commercial fishing
without a license in the second degree if the person fishes
for, takes, or delivers food fish, shellfish, or game fish while
acting for commercial purposes and:
(a) The person does not hold a fishery license or
delivery license under chapter 77.65 RCW for the food fish
or shellfish; or
(b) The person is not a licensed operator designated as
an alternate operator on a fishery or delivery license under
chapter 77.65 RCW for the food fish or shellfish.
(2) A person is guilty of commercial fishing without a
license in the first degree if the person commits the act
described by subsection (1) of this section and:
(a) The violation involves taking, delivery, or possession
of food fish or shellfish with a value of two hundred fifty
dollars or more; or
(b) The violation involves taking, delivery, or possession
of food fish or shellfish from an area that was closed to the
taking of such food fish or shellfish by any statute or rule.
(3)(a) Commercial fishing without a license in the
second degree is a gross misdemeanor.
(b) Commercial fishing without a license in the first
degree is a class C felony. [2000 c 107 § 248; 1998 c 190
§ 35.]
77.15.510 Commercial fish guiding or chartering
without a license—Penalty. (1) A person is guilty of
commercial fish guiding or chartering without a license if:
(a) The person operates a charter boat and does not hold
the charter boat license required for the food fish taken;
(b) The person acts as a professional salmon guide and
does not hold a professional salmon guide license; or
(c) The person acts as a game fish guide and does not
hold a game fish guide license.
(2) Commercial fish guiding or chartering without a
license is a gross misdemeanor. [2001 c 253 § 43; 1998 c
190 § 36.]
77.15.520 Commercial fishing—Unlawful gear or
methods—Penalty. (1) A person is guilty of commercial
fishing using unlawful gear or methods if the person acts for
commercial purposes and takes or fishes for any fish or
shellfish using any gear or method in violation of a rule of
the department specifying, regulating, or limiting the gear or
method for taking, fishing, or harvesting of such fish or
shellfish.
(2) Commercial fishing using unlawful gear or methods
is a gross misdemeanor. [1998 c 190 § 37.]
77.15.530 Unlawful use of a nondesignated vessel—
Penalty. (1) A person who holds a fishery license required
by chapter 77.65 RCW, or who holds an operator’s license
and is designated as an alternate operator on a fishery license
required by chapter 77.65 RCW, is guilty of unlawful use of
a nondesignated vessel if the person takes, fishes for, or
delivers from that fishery using a vessel not designated on
(2002 Ed.)
Fish and Wildlife Enforcement Code
the person’s license, when vessel designation is required by
chapter 77.65 RCW.
(2) Unlawful use of a nondesignated vessel is a gross
misdemeanor.
(3) A nondesignated vessel may be used, subject to
appropriate notification to the department and in accordance
with rules established by the commission, when a designated
vessel is inoperative because of accidental damage or
mechanical breakdown.
(4) If the person commits the act described by subsection (1) of this section and the vessel designated on the
person’s fishery license was used by any person in the
fishery on the same day, then the violation for using a
nondesignated vessel is a class C felony. Upon conviction
the department shall order revocation and suspension of all
commercial fishing privileges under chapter 77.65 RCW for
a period of one year. [2000 c 107 § 249; 1998 c 190 § 38.]
77.15.540 Unlawful use of a commercial fishery
license—Penalty. (1) A person who holds a fishery license
required by chapter 77.65 RCW, or who holds an operator’s
license and is designated as an alternate operator on a fishery
license required by chapter 77.65 RCW, is guilty of unlawful
use of a commercial fishery license if the person:
(a) Does not have the commercial fishery license or
operator’s license in possession during fishing or delivery; or
(b) Violates any rule of the department regarding the
use, possession, display, or presentation of the person’s
license, decals, or vessel numbers.
(2) Unlawful use of a commercial fishery license is a
misdemeanor. [2000 c 107 § 250; 1998 c 190 § 39.]
77.15.530
report a commercial fish or shellfish harvest or delivery if
the person acts for commercial purposes and takes or
delivers any fish or shellfish, and the person:
(a) Fails to sign a fish-receiving ticket that documents
the delivery of fish or shellfish or otherwise documents the
taking or delivery; or
(b) Fails to report or document the taking, landing, or
delivery as required by any rule of the department.
(2) Failing to report a commercial fish harvest or
delivery is a gross misdemeanor.
(3) For purposes of this section, "delivery" of fish or
shellfish occurs when there is a transfer or conveyance of
title or control from the person who took, fished for, or
otherwise harvested the fish or shellfish. [1998 c 190 § 41.]
77.15.565 Wholesale fish dealers—Accounting of
commercial harvest—Penalties. Since violation of the
rules of the department relating to the accounting of the
commercial harvest of food fish and shellfish result in
damage to the resources of the state, liability for damage to
food fish and shellfish resources is imposed on a wholesale
fish dealer or the holder of a direct retail endorsement for
violation of a provision in chapter 77.65 RCW or a rule of
the department related to the accounting of the commercial
harvest of food fish and shellfish and shall be for the actual
damages or for damages imposed as follows:
(1) For violation of rules requiring the timely presentation to the department of documents relating to the accounting of commercial harvest, fifty dollars for each of the first
fifteen documents in a series and ten dollars for each
subsequent document in the same series. If documents
relating to the accounting of commercial harvest of food fish
and shellfish are lost or destroyed and the wholesale dealer
or holder of a direct retail endorsement notifies the department in writing within seven days of the loss or destruction,
the director shall waive the requirement for timely presentation of the documents.
(2) For violation of rules requiring accurate and legible
information relating to species, value, harvest area, or
amount of harvest, twenty-five dollars for each of the first
five violations of this subsection following July 28, 1985,
and fifty dollars for each violation after the first five violations.
(3) For violations of rules requiring certain signatures,
fifty dollars for each of the first two violations and one
hundred dollars for each subsequent violation. For the
purposes of this subsection, each signature is a separate requirement.
(4) For other violations of rules relating to the accounting of the commercial harvest, fifty dollars for each separate
violation. [2002 c 301 § 6; 2000 c 107 § 12; 1996 c 267 §
14; 1985 c 248 § 5. Formerly RCW 75.10.150.]
77.15.550 Violation of commercial fishing area or
time—Penalty. (1) A person is guilty of violating commercial fishing area or time in the second degree if the person
acts for commercial purposes and takes, fishes for, possesses,
delivers, or receives fish or shellfish:
(a) At a time not authorized by statute or rule;
(b) From an area that was closed to the taking of such
fish or shellfish for commercial purposes by statute or rule;
or
(c) If such fish or shellfish do not conform to the
special restrictions or physical descriptions established by
rule of the department.
(2) A person is guilty of violating commercial fishing
area or time in the first degree if the person commits the act
described by subsection (1) of this section and:
(a) The person acted with knowledge that the area or
time was not open to the taking or fishing of fish or shellfish
for commercial purposes; and
(b) The violation involved two hundred fifty dollars or
more worth of fish or shellfish.
(3)(a) Violating commercial fishing area or time in the
second degree is a gross misdemeanor.
(b) Violating commercial fishing area or time in the first
degree is a class C felony. [2001 c 253 § 44; 1999 c 258 §
10; 1998 c 190 § 40.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
Wholesale fish dealers—Documentation of commercial harvest: RCW
77.65.310.
77.15.560 Commercial fish, shellfish harvest or
delivery—Failure to report—Penalty. (1) Except as
provided in RCW 77.15.640, a person is guilty of failing to
77.15.570 Participation of non-Indians in Indian
fishery forbidden—Exceptions, definitions, penalty. (1)
Except as provided in subsection (3) of this section, it is
(2002 Ed.)
[Title 77 RCW—page 37]
77.15.570
Title 77 RCW: Fish and Wildlife
unlawful for a person who is not a treaty Indian fisherman
to participate in the taking of fish or shellfish in a treaty
Indian fishery, or to be on board a vessel, or associated
equipment, operating in a treaty Indian fishery. A violation
of this subsection is a gross misdemeanor.
(2) A person who violates subsection (1) of this section
with the intent of acting for commercial purposes, including
any sale of catch, control of catch, profit from catch, or
payment for fishing assistance, is guilty of a class C felony.
Upon conviction, the department shall order revocation of
any license and a one-year suspension of all commercial
fishing privileges requiring a license under chapter 77.65 or
77.70 RCW.
(3)(a) The spouse, forebears, siblings, children, and
grandchildren of a treaty Indian fisherman may assist the
fisherman in exercising treaty Indian fishing rights when the
treaty Indian fisherman is present at the fishing site.
(b) Other treaty Indian fishermen with off-reservation
treaty fishing rights in the same usual and accustomed
places, whether or not the fishermen are members of the
same tribe or another treaty tribe, may assist a treaty Indian
fisherman in exercising treaty Indian fishing rights when the
treaty Indian fisherman is present at the fishing site.
(c) Biologists approved by the department may be on
board a vessel operating in a treaty Indian fishery.
(4) For the purposes of this section:
(a) "Treaty Indian fisherman" means a person who may
exercise treaty Indian fishing rights as determined under
United States v. Washington, 384 F. Supp. 312 (W.D. Wash.
1974), or Sohappy v. Smith, 302 F. Supp. 899 (D. Oregon
1969), and post-trial orders of those courts;
(b) "Treaty Indian fishery" means a fishery open to only
treaty Indian fishermen by tribal or federal regulation;
(c) "To participate" and its derivatives mean an effort to
operate a vessel or fishing equipment, provide immediate
supervision in the operation of a vessel or fishing equipment,
or otherwise assist in the fishing operation, to claim possession of a share of the catch, or to represent that the catch
was lawfully taken in an Indian fishery.
(5) A violation of this section constitutes illegal fishing
and is subject to the suspensions provided for commercial
fishing violations. [2000 c 107 § 251; 1998 c 190 § 49;
1983 1st ex.s. c 46 § 63; 1982 c 197 § 1. Formerly RCW
75.12.320.]
77.15.580 Unlawful use of net to take fish—Penalty.
(1) A person is guilty of unlawful use of a net to take fish
in the second degree if the person:
(a) Lays, sets, uses, or controls a net or other device or
equipment capable of taking fish from the waters of this
state, except if the person has a valid license for such fishing
gear from the director under this title and is acting in
accordance with all rules of the commission and director; or
(b) Fails to return unauthorized fish to the water
immediately while otherwise lawfully operating a net under
a valid license.
(2) A person is guilty of unlawful use of a net to take
fish in the first degree if the person:
(a) Commits the act described by subsection (1) of this
section; and
[Title 77 RCW—page 38]
(b) The violation occurs within five years of entry of a
prior conviction for a gross misdemeanor or felony under
this title involving fish, other than a recreational fishing
violation, or involving unlawful use of nets.
(3)(a) Unlawful use of a net to take fish in the second
degree is a gross misdemeanor. Upon conviction, the
department shall revoke any license held under this title
allowing commercial net fishing used in connection with the
crime.
(b) Unlawful use of a net to take fish in the first degree
is a class C felony. Upon conviction, the department shall
order a one-year suspension of all commercial fishing
privileges requiring a license under this title.
(4) Notwithstanding subsections (1) and (2) of this
section, it is lawful to use a landing net to land fish otherwise legally hooked. [2000 c 107 § 252; 1998 c 190 § 50.]
77.15.590 Commercial fishing vessel—Unlawful use
for recreational or charter fishing—Penalty. (1) A person
is guilty of unlawful use of a commercial fishing vessel,
except as may be authorized by rule of the commission, for
recreational or charter fishing if the person uses, operates, or
controls a vessel on the same day for both:
(a) Charter or recreational fishing; and
(b) Commercial fishing or shellfish harvesting.
(2) Unlawful use of a commercial fishing vessel for
recreational or charter fishing is a gross misdemeanor.
[1998 c 190 § 51.]
77.15.600 Engaging in commercial wildlife activity
without a license—Penalty. (1) A person is guilty of
engaging in commercial wildlife activity without a license if
the person:
(a) Deals in raw furs for commercial purposes and does
not hold a fur dealer license required by chapter 77.65
RCW; or
(b) Practices taxidermy for commercial purposes and
does not hold a taxidermy license required by chapter 77.65
RCW.
(2) Engaging in commercial wildlife activities without
a license is a gross misdemeanor. [2001 c 253 § 45; 1999
c 258 § 8; 1998 c 190 § 32.]
77.15.610 Unlawful use of a commercial wildlife
license—Penalty. (1) A person who holds a fur buyer’s
license or taxidermy license is guilty of unlawful use of a
commercial wildlife license if the person:
(a) Fails to have the license in possession while engaged
in fur buying or practicing taxidermy for commercial
purposes; or
(b) Violates any rule of the department regarding the
use, possession, display, or presentation of the taxidermy or
fur buyer’s license.
(2) Unlawful use of a commercial wildlife license is a
misdemeanor. [1998 c 190 § 33.]
77.15.620 Engaging in fish dealing activity—
Unlicensed—Penalty. (1) A person is guilty of engaging in
fish dealing activity without a license in the second degree
if the person:
(2002 Ed.)
Fish and Wildlife Enforcement Code
(a) Engages in the commercial processing of fish or
shellfish, including custom canning or processing of personal
use fish or shellfish and does not hold a wholesale dealer’s
license required by RCW 77.65.280(1) or 77.65.480 for
anadromous game fish, or a direct retail endorsement under
RCW 77.65.510;
(b) Engages in the wholesale selling, buying, or
brokering of food fish or shellfish and does not hold a
wholesale dealer’s or buying license required by RCW
77.65.280(2) or 77.65.480 for anadromous game fish;
(c) Is a fisher who lands and sells his or her catch or
harvest in the state to anyone other than a licensed wholesale
dealer within or outside the state and does not hold a direct
retail endorsement required by RCW 77.65.510; or
(d) Engages in the commercial manufacture or preparation of fertilizer, oil, meal, caviar, fish bait, or other byproducts from food fish or shellfish and does not hold a wholesale dealer’s license required by RCW 77.65.280(4) or
77.65.480 for anadromous game fish.
(2) Engaging in fish dealing activity without a license
in the second degree is a gross misdemeanor.
(3) A person is guilty of engaging in fish dealing
activity without a license in the first degree if the person
commits the act described by subsection (1) of this section
and the violation involves fish or shellfish worth two
hundred fifty dollars or more. Engaging in fish dealing
activity without a license in the first degree is a class C
felony. [2002 c 301 § 7; 2000 c 107 § 253; 1998 c 190 §
43.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
77.15.630 Fish buying and dealing licenses—
Unlawful use—Penalty. (1) A person who holds a fish
dealer’s license required by RCW 77.65.280, an anadromous
game fish buyer’s license required by RCW 77.65.480, or a
fish buyer’s license required by RCW 77.65.340 is guilty of
unlawful use of fish buying and dealing licenses in the
second degree if the person:
(a) Possesses or receives fish or shellfish for commercial purposes worth less than two hundred fifty dollars; and
(b) Fails to document such fish or shellfish with a fishreceiving ticket required by statute or rule of the department.
(2) A person is guilty of unlawful use of fish buying
and dealing licenses in the first degree if the person commits
the act described by subsection (1) of this section and:
(a) The violation involves fish or shellfish worth two
hundred fifty dollars or more;
(b) The person acted with knowledge that the fish or
shellfish were taken from a closed area, at a closed time, or
by a person not licensed to take such fish or shellfish for
commercial purposes; or
(c) The person acted with knowledge that the fish or
shellfish were taken in violation of any tribal law.
(3)(a) Unlawful use of fish buying and dealing licenses
in the second degree is a gross misdemeanor.
(b) Unlawful use of fish buying and dealing licenses in
the first degree is a class C felony. Upon conviction, the
department shall suspend all privileges to engage in fish
buying or dealing for two years. [2000 c 107 § 254; 1998
c 190 § 44.]
(2002 Ed.)
77.15.620
77.15.640 Wholesale fish buying and dealing—Rules
violations—Penalty. (1) A person who holds a wholesale
fish dealer’s license required by RCW 77.65.280, an
anadromous game fish buyer’s license required by RCW
77.65.480, a fish buyer’s license required by RCW
77.65.340, or a direct retail endorsement under RCW
77.65.510 is guilty of violating rules governing wholesale
fish buying and dealing if the person:
(a) Fails to possess or display his or her license when
engaged in any act requiring the license;
(b) Fails to display or uses the license in violation of
any rule of the department;
(c) Files a signed fish-receiving ticket but fails to
provide all information required by rule of the department;
or
(d) Violates any other rule of the department regarding
wholesale fish buying and dealing.
(2) Violating rules governing wholesale fish buying and
dealing is a gross misdemeanor. [2002 c 301 § 8; 2000 c
107 § 255; 1998 c 190 § 45.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
77.15.650 Unlawful purchase or use of a license—
Penalty. (1) A person is guilty of unlawful purchase or use
of a license in the second degree if the person buys, holds,
uses, displays, transfers, or obtains any license, tag, permit,
or approval required by this title and the person:
(a) Uses false information to buy, hold, use, display, or
obtain a license, permit, tag, or approval;
(b) Acquires, holds, or buys in excess of one license,
permit, or tag for a license year if only one license, permit,
or tag is allowed per license year;
(c) Uses or displays a license, permit, tag, or approval
that was issued to another person;
(d) Permits or allows a license, permit, tag, or approval
to be used or displayed by another person not named on the
license, permit, tag, or approval;
(e) Acquires or holds a license while privileges for the
license are revoked or suspended.
(2) A person is guilty of unlawful purchase or use of a
license in the first degree if the person commits the act
described by subsection (1) of this section and the person
was acting with intent that the license, permit, tag, or approval be used for any commercial purpose. A person is
presumed to be acting with such intent if the violation
involved obtaining, holding, displaying, or using a license or
permit for participation in any commercial fishery issued
under this title or a license authorizing fish or wildlife
buying, trafficking, or wholesaling.
(3)(a) Unlawful purchase or use of a license in the
second degree is a gross misdemeanor. Upon conviction, the
department shall revoke any unlawfully used or held licenses
and order a two-year suspension of participation in the
activities for which the person unlawfully obtained, held, or
used a license.
(b) Unlawful purchase or use of a license in the first
degree is a class C felony. Upon conviction, the department
shall revoke any unlawfully used or held licenses and order
a five-year suspension of participation in any activities for
[Title 77 RCW—page 39]
77.15.650
Title 77 RCW: Fish and Wildlife
which the person unlawfully obtained, held, or used a
license.
(4) For purposes of this section, a person "uses" a
license, permit, tag, or approval if the person engages in any
activity authorized by the license, permit, tag, or approval
held or possessed by the person. Such uses include but are
not limited to fishing, hunting, taking, trapping, delivery or
landing fish or wildlife, and selling, buying, or wholesaling
of fish or wildlife.
(5) Any license obtained in violation of this section is
void upon issuance and is of no legal effect. [2000 c 107 §
256; 1998 c 190 § 59.]
77.15.660 Unlawful use of scientific permit—
Penalty. (1) A person is guilty of unlawful use of a
scientific permit if the person:
(a) Violates any terms or conditions of a scientific
permit issued by the director;
(b) Buys or sells fish or wildlife taken with a scientific
permit; or
(c) Violates any rule of the commission or the director
applicable to the issuance or use of scientific permits.
(2) Unlawful use of a scientific permit is a gross
misdemeanor. [1998 c 190 § 55.]
77.15.670 Suspension of department privileges—
Violation—Penalty. (1) A person is guilty of violating a
suspension of department privileges in the second degree if
the person engages in any activity that is licensed by the
department and the person’s privileges to engage in that
activity were revoked or suspended by any court or the
department.
(2) A person is guilty of violating a suspension of
department privileges in the first degree if the person
commits the act described by subsection (1) of this section
and:
(a) The suspension of privileges that was violated was
a permanent suspension;
(b) The person takes or possesses more than two
hundred fifty dollars’ worth of unlawfully taken food fish,
wildlife, game fish, seaweed, or shellfish; or
(c) The violation involves the hunting, taking, or
possession of fish or wildlife classified as endangered or
threatened or big game.
(3)(a) Violating a suspension of department privileges
in the second degree is a gross misdemeanor. Upon conviction, the department shall order permanent suspension of the
person’s privileges to engage in such hunting or fishing
activities.
(b) Violating a suspension of department privileges in
the first degree is a class C felony. Upon conviction, the
department shall order permanent suspension of all privileges
to hunt, fish, trap, or take wildlife, food fish, or shellfish.
(4) As used in this section, hunting includes trapping
with a trapping license. [1999 c 258 § 11; 1998 c 190 §
60.]
77.15.675 Hunting while intoxicated—Penalty. (1)
A person is guilty of hunting while under the influence of
intoxicating liquor or drugs if the person hunts wild animals
[Title 77 RCW—page 40]
or wild birds while under the influence of intoxicating liquor
or drugs.
(2) Hunting while under the influence of intoxicating
liquor or drugs is a gross misdemeanor. [1999 c 258 § 12;
1980 c 78 § 75; 1955 c 36 § 77.16.070. Prior: 1947 c 275
§ 45a; Rem. Supp. 1947 § 5992-55. Formerly RCW
77.16.070.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.15.680 Department authority to suspend privileges—Form and procedure. (1) If any crime in this chapter
is punishable by a suspension of privileges, then the department shall issue an order that specifies the privileges suspended and period when such suspension shall begin and
end. The department has no authority to issue licenses,
permits, tags, or stamps for the suspended activity until the
suspension ends and any license, tag, stamp, or other permission obtained in violation of an order of suspension is
void and ineffective.
(2) A court sentence may include a suspension of
privileges only if grounds are provided by statute. There is
no right to seek reinstatement of privileges from the department during a period of court-ordered suspension.
(3) If this chapter makes revocation or suspension of
privileges mandatory, then the department shall impose the
punishment in addition to any other punishments authorized
by law. [1998 c 190 § 65.]
77.15.690 Department authority to revoke licenses.
(1) Upon any conviction of any violation of this chapter, the
department may revoke any license, tag, or stamp, or other
permit involved in the violation or held by the person
convicted, in addition to other penalties provided by law.
(2) If the department orders that a license, tag, stamp,
or other permit be revoked, that order is effective upon entry
of the order and any such revoked license, tag, stamp, or
other permit is void as a result of such order of revocation.
The department shall order such license, tag, stamp, or other
permit turned over to the department, and shall order the
person not to acquire a replacement or duplicate for the
remainder of the period for which the revoked license, tag,
stamp, or other permit would have been valid. During this
period when a license is revoked, the person is subject to
punishment under this chapter. If the person appeals the
sentence by the court, the revocation shall be effective
during the appeal.
(3) If an existing license, tag, stamp, or other permit is
voided and revoked under this chapter, the department and
its agents shall not be required to refund or restore any fees,
costs, or money paid for the license, nor shall any person
have any right to bring a collateral appeal under chapter
34.05 RCW to attack the department order. [1998 c 190 §
64.]
77.15.700 Grounds for department revocation and
suspension of privileges. The department shall impose
revocation and suspension of privileges upon conviction in
the following circumstances:
(1) If directed by statute for an offense;
(2002 Ed.)
Fish and Wildlife Enforcement Code
(2) If the department finds that actions of the defendant
demonstrated a willful or wanton disregard for conservation
of fish or wildlife. Such suspension of privileges may be
permanent;
(3) If a person is convicted twice within ten years for a
violation involving unlawful hunting, killing, or possessing
big game, the department shall order revocation and suspension of all hunting privileges for two years. RCW 77.12.722
or *77.16.050 as it existed before June 11, 1998, may
comprise one of the convictions constituting the basis for
revocation and suspension under this subsection;
(4) If a person is convicted three times in ten years of
any violation of recreational hunting or fishing laws or rules,
the department shall order a revocation and suspension of all
recreational hunting and fishing privileges for two years;
(5) If a person is convicted twice within five years of a
gross misdemeanor or felony involving unlawful commercial
fish or shellfish harvesting, buying, or selling, the department shall impose a revocation and suspension of the
person’s commercial fishing privileges for one year. A
commercial fishery license revoked under this subsection
may not be used by an alternate operator or transferred
during the period of suspension. [2001 c 253 § 46; 1998 c
190 § 66.]
*Reviser’s note: RCW 77.16.050 was repealed by 1998 c 190 § 124.
77.15.710 Conviction for assault—Revocation of
licenses and suspension of privileges. (1) The commission
shall revoke all hunting, fishing, or other licenses issued
under this title and order a ten-year suspension of all privileges extended under the authority of the department of a
person convicted of assault on a fish and wildlife officer, ex
officio officer, employee, agent, or personnel acting for the
department, if the employee assaulted was on duty at the
time of the assault and carrying out the provisions of this
title. The suspension shall be continued beyond this period
if any damages to the victim have not been paid by the
suspended person.
(2) For the purposes of this section, the definition of
assault includes:
(a) RCW 9A.32.030; murder in the first degree;
(b) RCW 9A.32.050; murder in the second degree;
(c) RCW 9A.32.060; manslaughter in the first degree;
(d) RCW 9A.32.070; manslaughter in the second degree;
(e) RCW 9A.36.011; assault in the first degree;
(f) RCW 9A.36.021; assault in the second degree; and
(g) RCW 9A.36.031; assault in the third degree. [2000
c 107 § 257; 1998 c 190 § 67; 1995 1st sp.s. c 2 § 43
(Referendum Bill No. 45, approved November 7, 1995);
1993 sp.s. c 2 § 74; 1991 c 211 § 1. Formerly RCW
77.16.135.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.15.720 Shooting another person, livestock—
Director’s authority to suspend privileges. (1) If a person
(2002 Ed.)
77.15.700
shoots another person or domestic livestock while hunting,
the director shall revoke all hunting licenses and suspend all
hunting privileges for three years. If the shooting of another
person or livestock is the result of criminal negligence or
reckless or intentional conduct, then the person’s privileges
shall be suspended for ten years. The suspension shall be
continued beyond these periods if damages owed to the
victim or livestock owner have not been paid by the suspended person. A hunting license shall not be reissued to
the suspended person unless authorized by the director.
(2) Within twenty days of service of an order suspending privileges or imposing conditions under this section or
RCW 77.15.710, a person may petition for administrative
review under chapter 34.05 RCW by serving the director
with a petition for review. The order is final and unappealable if there is no timely petition for administrative review.
(3) The commission may by rule authorize petitions for
reinstatement of administrative suspensions and define
circumstances under which reinstatement will be allowed.
[2000 c 107 § 258; 1998 c 190 § 68.]
77.15.730 Wildlife violator compact citations and
convictions. (1) Upon receipt of a report of failure to
comply with the terms of a citation issued for a recreational
violation from the licensing authority of a state that is a
party to the wildlife violator compact under RCW 77.75.070,
the department shall suspend the violator’s recreational
license privileges under this title until there is satisfactory
evidence of compliance with the terms of the wildlife
citation. The department shall adopt by rule procedures for
the timely notification and administrative review of such
suspension of recreational licensing privileges.
(2) Upon receipt of a report of a conviction for a
recreational offense from the licensing authority of a state
that is a party to the wildlife violator compact under RCW
77.75.070, the department shall enter such conviction in its
records and shall treat such conviction as if it occurred in the
state of Washington for the purposes of suspension, revocation, or forfeiture of recreational license privileges. [2001 c
253 § 47; 1994 c 264 § 45; 1993 c 82 § 6. Formerly RCW
75.10.220.]
Revoked licenses—Application—1993 c 82: See note following
RCW 77.75.070.
77.15.732 Citations from wildlife violator compact
party state—Failure to comply. (1) Upon receipt of a
report of failure to comply with the terms of a citation from
the licensing authority of a state that is a party to the wildlife violator compact under RCW 77.75.070, the department
shall suspend the violator’s license privileges under this title
until satisfactory evidence of compliance with the terms of
the wildlife citation has been furnished by the issuing state
to the department. The department shall adopt by rule
procedures for the timely notification and administrative
review of such suspension of licensing privileges.
(2) Upon receipt of a report of a conviction from the
licensing authority of a state that is a party to the wildlife
violator compact under RCW 77.75.070, the department shall
enter such conviction in its records and shall treat such
conviction as if it occurred in the state of Washington for the
purposes of suspension, revocation, or forfeiture of license
[Title 77 RCW—page 41]
77.15.732
Title 77 RCW: Fish and Wildlife
privileges. [2000 c 107 § 263; 1993 c 82 § 5. Formerly
RCW 77.21.090.]
Revoked licenses—Application—1993 c 82: See note following
RCW 77.75.070.
77.15.900 Short title. This chapter may be known
and cited as the fish and wildlife enforcement code. [1998
c 190 § 126.]
77.15.901 Captions not law. Captions used in this
chapter are not any part of the law. [1998 c 190 § 127.]
77.15.902 Savings—1998 c 190. The enactment of
chapter 190, Laws of 1998 does not terminate, or in any way
modify, any liability, civil or criminal, that was in existence
on June 11, 1998. [1998 c 190 § 129.]
Chapter 77.18
GAME FISH MITIGATION
Sections
77.18.050
77.18.060
77.18.070
Planting privately produced trout.
Determination of appropriate waters.
Program costs to be covered by revenue increase.
77.18.050 Planting privately produced trout. The
legislature finds that it is beneficial to improve opportunities
for trout fishing in order to satisfy the public’s demand for
recreational fishing during a time of declining opportunities
to catch anadromous salmon and steelhead trout.
Fish farmers can produce trout in a triploid genetic
configuration for the purpose of certifying that the fish are
sterile and that they cannot interbreed with wild trout. These
fish are ideally suited to planting into public lakes and ponds
to provide immediate recreational fishing at a reasonable
cost. The fish continue to grow throughout their life cycle
and have the potential to grow to trophy size.
Planting of these catchable trout can provide increased
angler participation, increased fishing license sales, increased
tourism activities, and a boost to local economies.
The department of fish and wildlife is authorized to
purchase these privately produced fish to supplement existing
department trout hatchery production. The planting of these
catchable trout in water bodies with water quality sufficient
to support fish life must not have an adverse impact on the
wild trout population. [1999 c 363 § 1.]
Report to the legislature—1999 c 363: "The department of fish and
wildlife shall report to the appropriate legislative committees by February
1, 2001, regarding the implementation of this act. The report shall include
information regarding the location and number of fish planted, the size of
the fish planted, and information relating to the cost-effectiveness of the
catchable trout program, including an estimate of new license revenues
generated by the programs." [1999 c 363 § 4.]
Effective date—1999 c 363: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 17, 1999]." [1999 c 363 § 6.]
77.18.060 Determination of appropriate waters.
The fish and wildlife commission in consultation with the
department is authorized to determine which waters of the
state are appropriate for this use during the 1999 and 2000
[Title 77 RCW—page 42]
calendar years. In making this determination, the commission shall seek geographic distribution to assure opportunity
to fishers statewide.
The commission in consultation with the department will
determine the maximum number of fish that may be planted
into state waters so as not to compete with the wild populations of fish species in the water body. [1999 c 363 § 2.]
Report to the legislature—Effective date—1999 c 363: See notes
following RCW 77.18.050.
77.18.070 Program costs to be covered by revenue
increase. The fish and wildlife commission may authorize
purchase of privately produced fish for the purposes of RCW
77.18.050 and 77.18.060 only if the cost of the program will
be recovered by the estimated increase in revenue from
license sales and federal funds directly attributable to the
planting of these privately purchased fish. [1999 c 363 § 3.]
Report to the legislature—Effective date—1999 c 363: See notes
following RCW 77.18.050.
Chapter 77.32
LICENSES
Sections
77.32.007
77.32.010
77.32.014
77.32.025
77.32.050
77.32.070
77.32.090
77.32.155
77.32.237
77.32.238
77.32.240
77.32.250
77.32.256
77.32.320
77.32.350
77.32.370
77.32.380
77.32.400
77.32.410
77.32.420
77.32.430
77.32.440
77.32.450
77.32.460
77.32.470
77.32.480
77.32.490
77.32.500
"Special hunting season" defined.
Recreational license required—Activities—Permit for parking.
Licenses, tags, and stamps—Revocation/privileges suspended for noncompliance with support order.
Establishment of times and places for family fishing with no
license or catch record card—Authorized.
Recreational licenses, permits, tags, stamps, and raffle tickets issued by authorized officials—Rules—Fees—
Transaction fee.
Information required from license applicants—Reports on
taking of fish, shellfish, and wildlife.
Licenses, permits, tags, stamps, and raffle tickets—Rules for
form, display, procedures.
Hunter education training program—Certificate.
Disabled hunter’s permits.
Disabled hunter’s permits—Shooting from a motor vehicle—Assistance from nondisabled hunter.
Scientific permit—Procedures—Penalties—Fee.
Licenses nontransferable.
Duplicate licenses, rebates, permits, tags, and stamps—Fees.
Required licenses, tags—Transport tags for game.
Pheasant or migratory birds—Supplemental permit, stamp—
Fees.
Special hunting season permits—Fee.
Fish and wildlife lands vehicle use permit—Improved access
facility—Fee—Youth groups—Contributions—
Display—Transfer between vehicles—Penalty.
Disabled persons—Designated harvester card—Fish and
shellfish.
Personal use fishing license—Reciprocity with Oregon in
concurrent waters of Columbia river and coastal waters.
Recreational licenses—Nontransferable—Enforcement provisions.
Catch record cards.
Enhancement programs—Funding levels—Rules—Deposit to
warm water game fish account.
Big game hunting license—Fees.
Small game hunting license—Fees.
Personal use fishing licenses—Fees—Temporary fishing
license—Family fishing weekend license—Rules.
Reduced rate licenses.
Reduced rate combination fishing license.
Saltwater, freshwater transition areas—Rule-making authority.
(2002 Ed.)
Licenses
77.32.510
77.32.520
77.32.525
77.32.530
77.32.535
77.32.540
77.32.545
77.32.550
Recreational license fees—Disposition of appropriation.
Personal use shellfish and seaweed license—Fees—License
visible on licensee.
Hunting and fishing contests—Field trials for dogs—
Rules—Limitation.
Hunting big game—Auction or raffle—Procedure.
Private lands—Raffle authorization to hunt big game.
Hunting and fishing contests—Field trials for dogs—
Permit—Rules.
Removal of trap—Identification of traps—Disclosure of
identities.
Group fishing permit.
77.32.007 "Special hunting season" defined. For the
purposes of this chapter "special hunting season" means a
hunting season established by rule of the commission for the
purpose of taking specified wildlife under a special hunting
permit. [1984 c 240 § 8.]
77.32.010 Recreational license required—
Activities—Permit for parking. (1) Except as otherwise
provided in this chapter, a recreational license issued by the
director is required to hunt for or take wild animals or wild
birds, fish for, take, or harvest fish, shellfish, and seaweed.
A recreational fishing or shellfish license is not required for
carp, smelt, albacore, and crawfish, and a hunting license is
not required for bullfrogs.
(2) A permit issued by the department is required to
park a motor vehicle upon improved department access
facilities. [2001 c 253 § 49; 2000 c 107 § 264; 1998 c 191
§ 7; 1987 c 506 § 76; 1985 c 457 § 25; 1983 c 284 § 2;
1981 c 310 § 7; 1980 c 78 § 103; 1979 ex.s. c 3 § 1; 1959
c 245 § 1; 1955 c 36 § 77.32.010. Prior: 1947 c 275 § 93;
Rem. Supp. 1947 § 5992-102.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Findings—Intent—1983 c 284: See note following RCW 82.27.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.32.014
Licenses, tags, and stamps—
Revocation/privileges suspended for noncompliance with
support order. Licenses, tags, and stamps issued pursuant
to this chapter shall be revoked and the privileges suspended
for any period in which a person is certified by the department of social and health services or a court of competent
jurisdiction as a person in noncompliance with a support
order. Fish and wildlife officers and ex officio fish and
wildlife officers shall enforce this section through checks of
the department of licensing’s computer data base. A listing
on the department of licensing’s data base that an
individual’s license is currently suspended pursuant to RCW
46.20.291(8) shall be prima facie evidence that the individual
is in noncompliance with a support order. Presentation of a
written release issued by the department of social and health
services stating that the person is in compliance with an
order shall serve as prima facie proof of compliance with a
support order. [2001 c 253 § 50; 2000 c 107 § 265; 1998 c
191 § 8; 1997 c 58 § 881.]
Effective date—1998 c 191: See note following RCW 77.32.400.
(2002 Ed.)
Chapter 77.32
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
77.32.025 Establishment of times and places for
family fishing with no license or catch record card—
Authorized. Notwithstanding RCW 77.32.010, the commission may adopt rules designating times and places for the
purposes of family fishing days when licenses and catch
record cards are not required to fish or to harvest shellfish.
[1998 c 191 § 9; 1996 c 20 § 2; 1987 c 506 § 103.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective date—1996 c 20: "This act shall take effect July 1, 1996."
[1996 c 20 § 3.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
77.32.050 Recreational licenses, permits, tags,
stamps, and raffle tickets issued by authorized officials—
Rules—Fees—Transaction fee. All recreational licenses,
permits, tags, and stamps required by this title and raffle
tickets authorized under chapter 77.12 RCW shall be issued
under the authority of the commission. The commission
shall adopt rules for the issuance of recreational licenses,
permits, tags, stamps, and raffle tickets, and for the collection, payment, and handling of license fees, terms and
conditions to govern dealers, and dealers’ fees. A transaction fee on recreational licenses may be set by the commission and collected from licensees. The department may
authorize all or part of such fee to be paid directly to a
contractor providing automated licensing system services.
Fees retained by dealers shall be uniform throughout the
state. The department shall authorize dealers to collect and
retain dealer fees of at least two dollars for purchase of a
standard hunting or fishing recreational license document,
except that the commission may set a lower dealer fee for
issuance of tags or when a licensee buys a license that involves a stamp or display card format rather than a standard
department licensing document form. [2000 c 107 § 266;
1999 c 243 § 2; 1998 c 191 § 10; 1996 c 101 § 8; 1995 c
116 § 1; 1987 c 506 § 77; 1981 c 310 § 16; 1980 c 78 §
106; 1979 ex.s. c 3 § 2; 1955 c 36 § 77.32.050. Prior:
1953 c 75 § 2; 1947 c 275 § 97; Rem. Supp. 1947 § 5992106.]
Finding—1999 c 243: "The legislature finds that recreational license
dealers are private businesses that provide the service of license sales in
every part of the state. The dealers who sell recreational fishing and
hunting licenses for the department of fish and wildlife perform a valuable
public service function for those members of the public who purchase
licenses as well as a revenue generating function for the department. The
modernized fishing and hunting license format will require additional
investments by license dealers in employee training and public education."
[1999 c 243 § 1.]
Effective date—1999 c 243: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 10, 1999]." [1999 c 243 § 4.]
Effective date—1998 c 191: "Sections 10, 24, 31 through 33, 37, 43,
and 45 of this act are necessary for the immediate preservation of the public
peace, health, or safety, or support of the state government and its existing
public institutions, and take effect immediately [March 27, 1998]." [1998
c 191 § 49.]
[Title 77 RCW—page 43]
77.32.050
Title 77 RCW: Fish and Wildlife
Findings—1996 c 101: See note following RCW 77.32.530.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.32.070 Information required from license
applicants—Reports on taking of fish, shellfish, and
wildlife. Applicants for a license, permit, tag, or stamp shall
furnish the information required by the director. The
commission may adopt rules requiring licensees or
permittees to keep records and make reports concerning the
taking of fish, shellfish, and wildlife. [1998 c 191 § 11;
1995 c 116 § 3; 1987 c 506 § 79; 1981 c 310 § 18; 1980 c
78 § 108; 1955 c 36 § 77.32.070. Prior: 1947 c 275 § 99;
Rem. Supp. 1947 § 5992-108.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.32.090 Licenses, permits, tags, stamps, and raffle
tickets—Rules for form, display, procedures. The
commission may adopt rules pertaining to the form, period
of validity, use, possession, and display of licenses, permits,
tags, stamps, and raffle tickets required by this chapter.
[2000 c 107 § 267; 1998 c 191 § 12; 1996 c 101 § 10; 1995
c 116 § 4; 1987 c 506 § 80; 1981 c 310 § 19; 1980 c 78 §
109; 1955 c 36 § 77.32.090. Prior: 1947 c 275 § 101; Rem.
Supp. 1947 § 5992-110.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Findings—1996 c 101: See note following RCW 77.32.530.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.32.155 Hunter education training program—
Certificate. When purchasing any hunting license, persons
under the age of eighteen shall present certification of
completion of a course of instruction of at least ten hours in
the safe handling of firearms, safety, conservation, and
sportsmanship. Beginning January 1, 1995, all persons
purchasing any hunting license for the first time, if born
after January 1, 1972, shall present such certification.
The director may establish a program for training
persons in the safe handling of firearms, conservation, and
sportsmanship and may cooperate with the National Rifle
Association, organized sportsmen’s groups, or other public
or private organizations.
The director shall prescribe the type of instruction and
the qualifications of the instructors.
Upon successful completion of the course, a trainee
shall receive a hunter education certificate signed by an
[Title 77 RCW—page 44]
authorized instructor. The certificate is evidence of compliance with this section.
The director may accept certificates from other states
that persons have successfully completed firearm safety,
hunter education, or similar courses as evidence of compliance with this section. [1998 c 191 § 17; 1993 c 85 § 1;
1987 c 506 § 81; 1981 c 310 § 21; 1980 c 78 § 104; 1957
c 17 § 1. Formerly RCW 77.32.015.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.32.237 Disabled hunter’s permits. The commission shall attempt to enhance the hunting opportunities of
persons of disability. The commission shall authorize the
director to issue disabled hunter permits to persons of
disability. The commission shall adopt rules governing the
conduct of disabled hunters and their nondisabled companions. [1989 c 297 § 1.]
77.32.238 Disabled hunter’s permits—Shooting
from a motor vehicle—Assistance from nondisabled
hunter. (1) A disabled hunter who possesses a disabled
hunter permit and all appropriate hunting licenses may
possess a loaded firearm or other legal hunting device in and
may discharge a firearm or other legal hunting device from
a nonmoving motor vehicle that has the engine turned off.
Disabled hunters shall not be exempt from permit requirements for carrying concealed weapons, or from rules, laws,
or ordinances concerning the discharge of these weapons.
No hunting shall be permitted from a motor vehicle that is
parked on or beside the maintained portion of a public road.
(2) A person of disability holding a disabled hunter
permit may be accompanied by one nondisabled licensed
hunter who may assist the disabled hunter by killing game
wounded by the disabled hunter, and by tagging and retrieving game killed by the disabled hunter. A nondisabled
hunter shall not possess a loaded gun in, or shoot from, a
motor vehicle. [1989 c 297 § 2.]
77.32.240 Scientific permit—Procedures—
Penalties—Fee. A scientific permit allows the holder to
collect for research or display food fish, game fish, shellfish,
and wildlife, including avian nests and eggs as required in
RCW 77.32.010, under conditions prescribed by the director.
Before a permit is issued, the applicant shall demonstrate to
the director their qualifications and establish the need for the
permit. The director may require a bond of up to one
thousand dollars to ensure compliance with the permit. Permits are valid for the time specified, unless sooner revoked.
Holders of permits may exchange specimens with the
approval of the director.
A permit holder who violates this section shall forfeit
the permit and bond and shall not receive a similar permit
for one year. The fee for a scientific permit is twelve
dollars. [1998 c 191 § 21; 1991 sp.s. c 7 § 6; 1981 c 310 §
(2002 Ed.)
Licenses
28; 1980 c 78 § 119; 1955 c 36 § 77.32.240. Prior: 1947
c 275 § 113; Rem. Supp. 1947 § 5992-122.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.32.250 Licenses nontransferable. Licenses,
permits, tags, and stamps required by this chapter and raffle
tickets authorized under this chapter shall not be transferred.
[2001 c 253 § 51; 2000 c 107 § 269; 1998 c 191 § 22; 1996
c 101 § 12; 1995 c 116 § 5; 1981 c 310 § 29; 1980 c 78 §
120; 1955 c 36 § 77.32.250. Prior: 1947 c 275 § 114; Rem.
Supp. 1947 § 5992-123.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Findings—1996 c 101: See note following RCW 77.32.530.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.32.256 Duplicate licenses, rebates, permits, tags,
and stamps—Fees. The director shall by rule establish the
conditions and fees for issuance of duplicate licenses,
rebates, permits, tags, and stamps required by this chapter.
The fee for duplicate licenses, rebates, permits, tags, and
stamps may not exceed the actual cost to the department for
issuing the duplicate. [2002 c 222 § 1; 1995 c 116 § 6;
1994 c 255 § 13; 1991 sp.s. c 7 § 7; 1987 c 506 § 86; 1985
c 464 § 7; 1981 c 310 § 30; 1980 c 78 § 121; 1975 1st ex.s.
c 15 § 32.]
Effective date—1994 c 255 §§ 1-13: See note following RCW
77.32.520.
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—1985 c 464: See note following RCW 77.32.191.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Effective dates—1975 1st ex.s. c 15: See note following RCW
77.65.450.
77.32.320 Required licenses, tags—Transport tags
for game. (1) The correct licenses and tags are required to
hunt deer, elk, black bear, cougar, sheep, mountain goat,
moose, or wild turkey except as provided in RCW
77.32.450.
(2) Persons who kill deer, elk, bear, cougar, mountain
goat, sheep, moose, or wild turkey shall immediately validate
and attach their own transport tag to the carcass as provided
by rule of the director. [1998 c 191 § 23; 1997 c 114 § 1;
1990 c 84 § 4; 1987 c 506 § 87; 1981 c 310 § 8.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
(2002 Ed.)
77.32.240
77.32.350 Pheasant or migratory birds—
Supplemental permit, stamp—Fees. In addition to a small
game hunting license, a supplemental permit or stamp is
required to hunt for western Washington pheasant or
migratory birds.
(1) A western Washington pheasant permit is required
to hunt for pheasant in western Washington. Western
Washington pheasant permits must contain numbered spaces
for recording the location and date of harvest of each
western Washington pheasant.
(2) The permit shall be available as a season option, a
youth full season option, or a three-day option. The fee for
this permit is:
(a) For the resident and nonresident full season option,
thirty-six dollars;
(b) For the youth full season option, eighteen dollars;
(c) For the three-day option, twenty dollars.
(3) A migratory bird validation is required for all
persons sixteen years of age or older to hunt migratory birds.
The fee for the validation for hunters is ten dollars for
residents and nonresidents. The fee for the stamp for
collectors is ten dollars.
(4) The migratory bird license must be validated at the
time of signature of the licensee. [2002 c 283 § 1; 2000 c
107 § 270; 1998 c 191 § 25; 1998 c 191 § 24; 1992 c 41 §
1; 1991 sp.s. c 7 § 9; 1990 c 84 § 6; 1989 c 365 § 1; 1987
c 506 § 105. Prior: 1985 c 464 § 9; 1985 c 243 § 1; 1984
c 240 § 6; 1981 c 310 § 12.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective date—1992 c 41: "This act shall take effect January 1,
1993. The director of wildlife may take steps necessary to ensure that this
act is implemented on its effective date." [1992 c 41 § 2.]
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—1985 c 464: See note following RCW 77.65.450.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
77.32.370 Special hunting season permits—Fee. (1)
A special hunting season permit is required to hunt in each
special season established under chapter 77.12 RCW.
(2) Persons may apply for special hunting season
permits as provided by rule of the commission.
(3) The application fee to enter the drawing for a special
hunting permit is five dollars for residents, fifty dollars for
nonresidents, and three dollars for youth. [1998 c 191 § 26;
1991 sp.s. c 7 § 11; 1987 c 506 § 89; 1984 c 240 § 7; 1981
c 310 § 14.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
77.32.380 Fish and wildlife lands vehicle use
permit—Improved access facility—Fee—Youth groups—
Contributions—Display—Transfer between vehicles—
Penalty. (1) Persons who enter upon or use clearly identified department improved access facilities with a motor
vehicle may be required to display a current annual fish and
[Title 77 RCW—page 45]
77.32.380
Title 77 RCW: Fish and Wildlife
wildlife lands vehicle use permit on the motor vehicle while
within or while using an improved access facility. An
"improved access facility" is a clearly identified area
specifically created for motor vehicle parking, and includes
any boat launch or boat ramp associated with the parking
area, but does not include the department parking facilities
at the Gorge Concert Center near George, Washington. One
vehicle use permit shall be issued at no charge with an initial
purchase of either an annual saltwater, freshwater, combination, small game hunting, big game hunting, or trapping
license issued by the department. The annual fee for a fish
and wildlife lands vehicle use permit, if purchased separately, is ten dollars. A person to whom the department has
issued a vehicle use permit or who has purchased a vehicle
use permit separately may purchase additional vehicle use
permits from the department at a cost of five dollars per
vehicle use permit. Revenue derived from the sale of fish
and wildlife lands vehicle use permits shall be used solely
for the stewardship and maintenance of department improved
access facilities.
Youth groups may use department improved access
facilities without possessing a vehicle use permit when
accompanied by a vehicle use permit holder.
The department may accept contributions into the state
wildlife fund for the sound stewardship of fish and wildlife.
Contributors shall be known as "conservation patrons" and,
for contributions of twenty dollars or more, shall receive a
fish and wildlife lands vehicle use permit free of charge.
(2) The vehicle use permit must be displayed from the
interior of the motor vehicle so that it is clearly visible from
outside of the motor vehicle before entering upon or using
the motor vehicle on a department improved access facility.
The vehicle use permit can be transferred between two
vehicles and must contain space for the vehicle license
numbers of each vehicle.
(3) Failure to display the fish and wildlife lands vehicle
use permit if required by this section is an infraction under
chapter 7.84 RCW, and department employees are authorized
to issue a notice of infraction to the registered owner of any
motor vehicle entering upon or using a department improved
access facility without such a vehicle use permit. The
penalty for failure to clearly display the vehicle use permit
is sixty-six dollars. This penalty is reduced to thirty dollars
if the registered owner provides proof to the court that he or
she purchased a vehicle use permit within fifteen days after
the issuance of the notice of violation. [2001 c 243 § 1;
2000 c 107 § 271; 1998 c 87 § 1; 1993 sp.s. c 2 § 77; 1991
sp.s. c 7 § 12; 1988 c 36 § 52; 1987 c 506 § 90; 1985 c 464
§ 11; 1981 c 310 § 15.]
Effective date—1998 c 87: "This act takes effect January 1, 1999."
[1998 c 87 § 3.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—1985 c 464: See note following RCW 77.65.450.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
[Title 77 RCW—page 46]
77.32.400 Disabled persons—Designated harvester
card—Fish and shellfish. (1) The commission shall
authorize the director to issue designated harvester cards to
persons of disability. The commission shall adopt rules
governing the conduct of persons of disability who fish and
harvest shellfish and their designated harvesters.
(2) It is lawful to fish for, take, or possess the personaluse daily bag limit of shellfish, game fish, or food fish for
a disabled person if the harvester is licensed and has a
designated harvester card, and if the disabled person is
present on site and in possession of a combination fishing
license issued under RCW 77.32.490.
(3) A designated harvester card will be issued to such
a licensee upon written application to the director. The
application must be submitted on a department official form
and must be accompanied by a licensed medical doctor’s
certification of disability.
(4) A person with a combination fishing license issued
under RCW 77.32.490 is not required to be present at the
location where the designated harvester is harvesting
shellfish for the disabled person. The licensee is required to
be in the direct line of sight of the designated harvester who
is harvesting shellfish for him or her, unless it is not possible
to be in a direct line of sight because of a physical obstruction or other barrier. If such a barrier or obstruction exists,
the licensee is required to be within one-quarter mile of the
designated harvester who is harvesting shellfish for him or
her.
(5) Except as provided in subsection (4) of this section,
the disabled person needs to be present and participating in
the fishing activity. [1998 c 191 § 1. Prior: 1993 sp.s. c 17
§ 5; 1993 sp.s. c 2 § 42; 1993 c 201 § 1; 1989 c 305 § 4;
1983 1st ex.s. c 46 § 92; 1980 c 81 § 2. Formerly RCW
75.25.080.]
Effective date—1998 c 191: "Sections 1 through 9, 11 through 23,
25 through 30, 34 through 36, 38 through 42, and 44 of this act take effect
January 1, 1999." [1998 c 191 § 48.]
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—1980 c 81: "This act shall take effect on July 1,
1980." [1980 c 81 § 3.]
77.32.410 Personal use fishing license—Reciprocity
with Oregon in concurrent waters of Columbia river and
coastal waters. In concurrent waters of the Columbia river
and in Washington coastal territorial waters from the
Oregon-Washington boundary to a point five nautical miles
north, an Oregon angling license comparable to the Washington personal use fishing license is valid if Oregon recognizes
as valid the Washington personal use fishing license in
comparable Oregon waters.
If Oregon recognizes as valid the Washington personal
use fishing license southward to Cape Falcon in the coastal
territorial waters from the Washington-Oregon boundary and
in concurrent waters of the Columbia river then Washington
shall recognize a valid Oregon license comparable to the
Washington personal use fishing license northward to
Leadbetter Point.
(2002 Ed.)
Licenses
Oregon licenses are not valid for the taking of food fish
or game fish when angling in concurrent waters of the
Columbia river from the Washington shore. [1998 c 191 §
3; 1994 c 255 § 6; 1993 sp.s. c 17 § 7; 1989 c 305 § 9;
1987 c 87 § 4; 1985 c 174 § 1; 1983 1st ex.s. c 46 § 96;
1977 ex.s. c 327 § 17. Formerly RCW 75.25.120,
75.28.670.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective date—1994 c 255 §§ 1-13: See note following RCW
77.32.520.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Declaration of state policy—Severability—Effective date—1977
ex.s. c 327: See notes following RCW 77.65.150.
77.32.420 Recreational licenses—Nontransferable—
Enforcement provisions.
Reviser’s note: RCW 77.32.420 was amended by 2001 c 306 § 2
without reference to its repeal by 2001 c 253 § 62. It has been decodified
for publication purposes under RCW 1.12.025.
77.32.430 Catch record cards. Catch record cards
necessary for proper management of the state’s food fish and
game fish species and shellfish resources shall be administered under rules adopted by the commission and issued at
no charge. [1998 c 191 § 5; 1989 c 305 § 10. Formerly
RCW 75.25.190.]
Effective date—1998 c 191: See note following RCW 77.32.400.
77.32.440 Enhancement programs—Funding
levels—Rules—Deposit to warm water game fish account.
(1) The commission shall adopt rules to continue funding
current enhancement programs at levels equal to the participation of licensees in each of the individual enhancement
programs. All enhancement funding will continue to be
deposited directly into the individual accounts created for
each enhancement.
(2) In implementing subsection (1) of this section with
regard to warm water game fish, the department shall deposit
in the warm water game fish account the sum of one million
two hundred fifty thousand dollars each fiscal year during
the fiscal years 1999 and 2000, based on two hundred fifty
thousand warm water anglers. Beginning in fiscal year
2001, and each year thereafter, the deposit to the warm water
game fish account established in this subsection shall be
adjusted annually to reflect the actual numbers of license
holders fishing for warm water game fish based on an annual
survey of licensed anglers from the previous year conducted
by the department beginning with the April 1, 1999, to
March 31, 2000, license year survey. [1999 c 235 § 2; 1998
c 191 § 13.]
Effective date—1999 c 235: See note following RCW 77.44.050.
Effective date—1998 c 191: See note following RCW 77.32.400.
77.32.450 Big game hunting license—Fees. (1) A
big game hunting license is required to hunt for big game.
A big game license allows the holder to hunt for forest
grouse, unclassified wildlife, and the individual species
identified within a specific big game combination license
package. Each big game license includes one transport tag
for each species purchased in that package. A hunter may
(2002 Ed.)
77.32.410
not purchase more than one license for each big game
species except as authorized by rule of the commission. The
fees for annual big game combination packages are as follows:
(a) Big game number 1: Deer, elk, bear, and cougar.
The fee for this license is sixty-six dollars for residents, six
hundred sixty dollars for nonresidents, and thirty-three
dollars for youth.
(b) Big game number 2: Deer and elk. The fee for this
license is fifty-six dollars for residents, five hundred sixty
dollars for nonresidents, and twenty-eight dollars for youth.
(c) Big game number 3: Deer or elk, bear, and cougar.
At the time of purchase, the holder must identify either deer
or elk. The fee for this license is forty-six dollars for
residents, four hundred sixty dollars for nonresidents, and
twenty-three dollars for youth.
(d) Big game number 4: Deer or elk. At the time of
purchase, the holder must identify either deer or elk. The
fee for this license is thirty-six dollars for residents, three
hundred sixty dollars for nonresidents, and eighteen dollars
for youth.
(e) Big game number 5: Bear and cougar. The fee for
this license is twenty dollars for residents, two hundred
dollars for nonresidents, and ten dollars for youth.
(2) In the event that the commission authorizes a two
animal big game limit, the fees for the second animal are as
follows:
(a) Elk: The fee is twenty dollars for residents, two
hundred dollars for nonresidents, and ten dollars for youth.
(b) Deer: The fee is twenty dollars for residents, two
hundred dollars for nonresidents, and ten dollars for youth.
(c) Bear: The fee is ten dollars for residents, one
hundred dollars for nonresidents, and five dollars for youth.
(d) Cougar: The fee is ten dollars for residents, one
hundred dollars for nonresidents, and five dollars for youth.
(3) In the event that the commission authorizes a special
permit hunt for goat, sheep, or moose, the permit fees are as
follows:
(a) Mountain goat: The fee is one hundred dollars for
residents, one thousand dollars for nonresidents, and fifty
dollars for youth.
(b) Sheep: The fee is one hundred dollars for residents,
one thousand dollars for nonresidents, and fifty dollars for
youth.
(c) Moose: The fee is one hundred dollars for residents,
one thousand dollars for nonresidents, and fifty dollars for
youth.
Authorization to hunt the species set out under subsection (3)(a) through (c) of this section is by special permit
identified under RCW 77.32.370.
(4) The commission may adopt rules to reduce the price
of a license or eliminate the transportation tag requirements
concerning bear or cougar when necessary to meet harvest
objectives. [2000 c 109 § 1; 1998 c 191 § 14.]
Effective date—1998 c 191: See note following RCW 77.32.400.
77.32.460 Small game hunting license—Fees. (1) A
small game hunting license is required to hunt for all
classified wild animals and wild birds, except big game. A
small game license also allows the holder to hunt for
[Title 77 RCW—page 47]
77.32.460
Title 77 RCW: Fish and Wildlife
unclassified wildlife. The small game license includes one
transport tag for turkey.
(a) The fee for this license is thirty dollars for residents,
one hundred fifty dollars for nonresidents, and fifteen dollars
for youth.
(b) The fee for this license if purchased in conjunction
with a big game combination license package is sixteen
dollars for residents, eighty dollars for nonresidents, and
eight dollars for youth.
(c) The fee for a three-consecutive-day small game
license is fifty dollars for nonresidents.
(2) The fee for each additional turkey tag is eighteen
dollars for residents, sixty dollars for nonresidents, and nine
dollars for youth. [2000 c 109 § 2; 1998 c 191 § 15.]
Effective date—1998 c 191: See note following RCW 77.32.400.
77.32.470 Personal use fishing licenses—Fees—
Temporary fishing license—Family fishing weekend
license—Rules. (1) A personal use saltwater, freshwater,
combination, temporary, or family fishing weekend license
is required for all persons fifteen years of age or older to
fish for or possess fish taken for personal use from state
waters or offshore waters.
(2) The fees for annual personal use saltwater, freshwater, or combination licenses are as follows:
(a) A combination license allows the holder to fish for
or possess fish, shellfish, and seaweed from state waters or
offshore waters. The fee for this license is thirty-six dollars
for residents, seventy-two dollars for nonresidents, and five
dollars for youth.
(b) A saltwater license allows the holder to fish for or
possess fish taken from saltwater areas. The fee for this
license is eighteen dollars for residents, thirty-six dollars for
nonresidents, and five dollars for resident seniors.
(c) A freshwater license allows the holder to fish for,
take, or possess food fish or game fish species in all freshwater areas. The fee for this license is twenty dollars for
residents, forty dollars for nonresidents, and five dollars for
resident seniors.
(3) A temporary fishing license is valid for two consecutive days and allows the holder to fish for or possess fish
taken from state waters or offshore waters. The fee for this
temporary fishing license is six dollars for both residents and
nonresidents. This license is not valid on game fish species
for an eight-consecutive-day period beginning on the opening
day of the lowland lake fishing season.
(4) A family fishing weekend license allows for a
maximum of six anglers: One resident and five youth; two
residents and four youth; or one resident, one nonresident,
and four youth. This license allows the holders to fish for
or possess fish taken from state waters or offshore waters.
The fee for this license is twenty dollars. This license is
only valid during periods as specified by rule of the department.
(5) The commission may adopt rules to create and sell
combination licenses for all hunting and fishing activities at
or below a fee equal to the total cost of the individual
license contained within any combination. [1998 c 191 §
16.]
Effective date—1998 c 191: See note following RCW 77.32.400.
[Title 77 RCW—page 48]
77.32.480 Reduced rate licenses. All hunting licenses
shall, upon written application, be issued at the reduced rate
of a youth hunting license fee for the following individuals:
(1) A resident sixty-five years old or older who is an
honorably discharged veteran of the United States armed
forces having a service-connected disability;
(2) Residents who are honorably discharged veterans of
the United States armed forces with a thirty percent or more
service-connected disability; and
(3) An honorably discharged veteran of the United
States armed forces who is a resident and is confined to a
wheelchair. [1998 c 191 § 18.]
Effective date—1998 c 191: See note following RCW 77.32.400.
77.32.490 Reduced rate combination fishing license.
A combination fishing license shall, upon written application,
be issued at the reduced rate of five dollars to the following
individuals:
(1) Residents who are honorably discharged veterans of
the United States armed forces with a thirty percent or more
service-connected disability;
(2) A person who is blind;
(3) A person with a developmental disability as defined
in RCW 71A.10.020 with documentation of the disability
certified by a physician licensed to practice in this state; and
(4) A person who is physically disabled and confined to
a wheelchair. [1998 c 191 § 19.]
Effective date—1998 c 191: See note following RCW 77.32.400.
77.32.500 Saltwater, freshwater transition areas—
Rule-making authority. In order to simplify fishing license
requirements in transition areas between saltwater and
freshwater, the commission may adopt rules designating
specific waters where either a freshwater or a saltwater
license is valid. [1998 c 191 § 41.]
Effective date—1998 c 191: See note following RCW 77.32.400.
77.32.510 Recreational license fees—Disposition of
appropriation. As provided in RCW 77.12.170(1)(c), all
recreational license fees deposited into the general fund shall
be appropriated for the management, enhancement, research,
and enforcement of shellfish and saltwater programs of the
department. [1998 c 191 § 43.]
Effective date—1998 c 191: See note following RCW 77.32.050.
77.32.520 Personal use shellfish and seaweed
license—Fees—License visible on licensee. (1) A personal
use shellfish and seaweed license is required for all persons
other than residents or nonresidents under fifteen years of
age to fish for, take, dig for, or possess seaweed or shellfish
for personal use from state waters or offshore waters
including national park beaches.
(2) The fees for annual personal use shellfish and
seaweed licenses are:
(a) For a resident fifteen years of age or older, seven
dollars;
(b) For a nonresident fifteen years of age or older,
twenty dollars; and
(c) For a senior, five dollars.
(2002 Ed.)
Licenses
(3) The license fee for a two-day personal use shellfish
and seaweed license is six dollars for residents or nonresidents fifteen years of age or older.
(4) The personal use shellfish and seaweed license shall
be visible on the licensee while harvesting shellfish or
seaweed. [2000 c 107 § 27; 1999 c 243 § 3; 1998 c 191 §
2; 1994 c 255 § 4; 1993 sp.s. c 17 § 3. Formerly RCW
75.25.092.]
Finding—Effective date—1999 c 243: See notes following RCW
77.32.050.
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective date—1994 c 255 §§ 1-13: "Sections 1 through 13 of this
act shall take effect January 1, 1995." [1994 c 255 § 23.]
Finding—1993 sp.s. c 17: "The legislature finds that additional cost
savings can be realized by simplifying the department of fisheries recreational licensing system. The legislature finds that significant benefits will
accrue to recreational fishers from streamlining the department of fisheries
recreational licensing system. The legislature finds recreational license fees
and commercial landing taxes have not been increased in recent years. The
legislature finds that reduction in important department of fisheries programs
can be avoided by increasing license fees and commercial landing taxes.
The legislature finds that it is in the best interest of the state to avoid
significant reductions in current department of fisheries activities." [1993
sp.s. c 17 § 1.]
Contingent effective date—1993 sp.s. c 17: "This act shall take
effect January 1, 1994, except that sections 13 through 30 of this act shall
take effect only if Senate Bill No. 5124 does not become law by August 1,
1993." [1993 sp.s. c 17 § 32.] Senate Bill No. 5124 [1993 c 340] did
become law; sections 13 through 30 of 1993 sp.s. c 17 did not become law.
Severability—1993 sp.s. c 17: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 sp.s. c 17 § 53.]
77.32.525 Hunting and fishing contests—Field trials
for dogs—Rules—Limitation. The director shall administer
rules adopted by the commission governing the time, place,
and manner of holding hunting and fishing contests and
competitive field trials involving live wildlife for hunting
dogs. The department shall prohibit contests and field trials
that are not in the best interests of wildlife. [1987 c 506 §
48; 1980 c 78 § 67. Formerly RCW 77.12.530.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Contests and field trials: RCW 77.32.540.
77.32.530 Hunting big game—Auction or raffle—
Procedure. (1) The commission in consultation with the
director may authorize hunting of big game animals and wild
turkeys through auction. The department may conduct the
auction for the hunt or contract with a nonprofit wildlife
conservation organization to conduct the auction for the hunt.
(2) The commission in consultation with the director
may authorize hunting of up to a total of fifteen big game
animals and wild turkeys per year through raffle. The
department may conduct raffles or contract with a nonprofit
wildlife conservation organization to conduct raffles for
hunting these animals. In consultation with the gambling
commission, the director may adopt rules for the implementation of raffles involving hunting.
(3) The director shall establish the procedures for the
hunts, which shall require any participants to obtain any
required license, permit, or tag. Representatives of the
(2002 Ed.)
77.32.520
department may participate in the hunt upon the request of
the commission to ensure that the animals to be killed are
properly identified.
(4) After deducting the expenses of conducting an
auction or raffle, any revenues retained by a nonprofit
organization, as specified under contract with the department,
shall be devoted solely for wildlife conservation, consistent
with its qualification as a bona fide nonprofit organization
for wildlife conservation.
(5) The department’s share of revenues from auctions
and raffles shall be deposited in the state wildlife fund. The
revenues shall be used to improve the habitat, health, and
welfare of the species auctioned or raffled and shall supplement, rather than replace, other funds budgeted for management of that species. The commission may solicit input
from groups or individuals with special interest in and
expertise on a species in determining how to use these revenues.
(6) A nonprofit wildlife conservation organization may
petition the commission to authorize an auction or raffle for
a special hunt for big game animals and wild turkeys. [1996
c 101 § 5. Formerly RCW 77.12.770.]
Findings—1996 c 101: "The legislature finds that it is in the best
interest of recreational hunters to provide them with the variety of hunting
opportunities provided by auctions and raffles. Raffles provide an
affordable opportunity for most hunters to participate in special hunts for
big game animals and wild turkeys. The legislature also finds that wildlife
management and recreation are not adequately funded and that such auctions
and raffles can increase revenues to improve wildlife management and
recreation." [1996 c 101 § 1.]
77.32.535 Private lands—Raffle authorization to
hunt big game. If a private entity has a private lands
wildlife management area agreement in effect with the department, the commission may authorize the private entity to
conduct raffles for access to hunt for big game animals and
wild turkeys to meet the conditions of the agreement. The
private entity shall comply with all applicable rules adopted
under RCW 77.32.530 for the implementation of raffles;
however, raffle hunts conducted pursuant to this section shall
not be counted toward the number of raffle hunts the
commission may authorize under RCW 77.32.530. The
director shall establish the procedures for the hunts, which
shall require any participants to obtain any required license,
permit, or tag. Representatives of the department may participate in the hunt upon the request of the commission to
ensure that the animals to be killed are properly identified.
[2001 c 253 § 52; 1996 c 101 § 6. Formerly RCW
77.12.780.]
Findings—1996 c 101: See note following RCW 77.32.530.
77.32.540 Hunting and fishing contests—Field trials
for dogs—Permit—Rules. A person shall not promote,
conduct, hold, or sponsor a contest for the hunting or fishing
of wildlife or a competitive field trial involving live wildlife
for hunting dogs without first obtaining a hunting or fishing
contest permit. Contests and field trials shall be held in
accordance with established rules. [1998 c 190 § 118; 1987
c 506 § 58; 1980 c 78 § 69; 1955 c 36 § 77.16.010. Prior:
1947 c 275 § 39; Rem. Supp. 1947 § 5992-49. Formerly
RCW 77.16.010.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
[Title 77 RCW—page 49]
77.32.540
Title 77 RCW: Fish and Wildlife
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Contests and field trials: RCW 77.32.525.
77.32.545 Removal of trap—Identification of
traps—Disclosure of identities. A property owner, lessee,
or tenant may remove a trap placed on the owner’s, lessee’s,
or tenant’s posted or fenced property by a trapper.
Trappers shall attach to the chain of their traps or
devices a legible metal tag with either the department
identification number of the trapper or the name and address
of the trapper in English letters not less than one-eighth inch
in height.
When a property owner, lessee, or tenant presents a
trapper identification number to the department for a trap
found upon the property of the owner, lessee, or tenant and
requests identification of the trapper, the department shall
provide the requestor with the name and address of the
trapper. Prior to disclosure of the trapper’s name and
address, the department shall obtain the name and address of
the requesting individual in writing and after disclosing the
trapper’s name and address to the requesting individual, the
requesting individual’s name and address shall be disclosed
in writing to the trapper whose name and address was
disclosed. [1998 c 190 § 121; 1993 sp.s. c 2 § 75; 1988 c
36 § 51; 1987 c 372 § 1; 1980 c 78 § 85; 1955 c 36 §
77.16.170. Prior: 1947 c 275 § 56; Rem. Supp. 1947 §
5992-65. Formerly RCW 77.16.170.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.32.550 Group fishing permit. A group fishing
permit allows a group of individuals to fish and harvest
shellfish without individual licenses or the payment of individual license fees. The director must issue a group fishing
permit on a seasonal basis to a state-operated facility or
state-licensed nonprofit facility or program for physically or
mentally disabled persons, mentally ill persons, hospital
patients, handicapped persons, seriously or terminally ill
persons, persons who are dependent on the state because of
emotional or physical developmental disabilities, or senior
citizens who are in the care of the facility. The permit is
valid only for use during open season.
The commission must adopt rules that provide the
conditions under which a group fishing permit must be
issued. [2002 c 266 § 1.]
Chapter 77.36
WILDLIFE DAMAGE
Sections
77.36.005
77.36.010
77.36.020
77.36.030
77.36.040
77.36.050
77.36.060
77.36.070
Findings.
Definitions.
Game damage control—Special hunt.
Trapping or killing wildlife causing damage—Emergency
situations.
Payment of claims for damages—Procedure—Limitations.
Claimant refusal—Excessive claims.
Claim refused—Posted property.
Limit on total claims from wildlife fund per fiscal year.
[Title 77 RCW—page 50]
77.36.080
77.36.900
77.36.901
Limit on total claims from general fund per fiscal year—
Emergency exceptions.
Application—1996 c 54.
Effective date—1996 c 54.
77.36.005 Findings. (Expires June 30, 2004.) The
legislature finds that:
(1) As the number of people in the state grows and
wildlife habitat is altered, people will encounter wildlife
more frequently. As a result, conflicts between humans and
wildlife will also increase. Wildlife is a public resource of
significant value to the people of the state and the responsibility to minimize and resolve these conflicts is shared by all
citizens of the state.
(2) In particular, the state recognizes the importance of
commercial agricultural and horticultural crop production,
rangeland suitable for grazing or browsing of domestic
livestock, and the value of healthy deer and elk populations,
which can damage such crops. The legislature further finds
that damage prevention is key to maintaining healthy deer
and elk populations, wildlife-related recreational opportunities, commercially productive agricultural and horticultural
crops, and rangeland suitable for grazing or browsing of
domestic livestock, and that the state, participants in wildlife
recreation, and private landowners and tenants share the
responsibility for damage prevention. Toward this end, the
legislature encourages landowners and tenants to contribute
through their land management practices to healthy wildlife
populations and to provide access for related recreation. It
is in the best interests of the state for the department of fish
and wildlife to respond quickly to wildlife damage complaints and to work with these landowners and tenants to
minimize and/or prevent damages and conflicts while
maintaining deer and elk populations for enjoyment by all
citizens of the state.
(3) A timely and simplified process for resolving claims
for damages caused by deer and elk for commercial agricultural or horticultural products, and rangeland used for
grazing or browsing of domestic livestock is beneficial to the
claimant and the state. [2001 c 274 § 1; 1996 c 54 § 1.]
Expiration date—2001 c 274 §§ 1-3: "The following expire June 30,
2004:
(1) Section 1, chapter 274, Laws of 2001;
(2) Section 2, chapter 274, Laws of 2001; and
(3) Section 3, chapter 274, Laws of 2001." [2001 c 274 § 5.]
Effective date—2001 c 274: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 274 § 6.]
77.36.005 Findings. (Effective June 30, 2004.) The
legislature finds that:
(1) As the number of people in the state grows and
wildlife habitat is altered, people will encounter wildlife
more frequently. As a result, conflicts between humans and
wildlife will also increase. Wildlife is a public resource of
significant value to the people of the state and the responsibility to minimize and resolve these conflicts is shared by all
citizens of the state.
(2) In particular, the state recognizes the importance of
commercial agricultural and horticultural crop production and
the value of healthy deer and elk populations, which can
damage such crops. The legislature further finds that
(2002 Ed.)
Wildlife Damage
damage prevention is key to maintaining healthy deer and
elk populations, wildlife-related recreational opportunities,
and commercially productive agricultural and horticultural
crops, and that the state, participants in wildlife recreation,
and private landowners and tenants share the responsibility
for damage prevention. Toward this end, the legislature
encourages landowners and tenants to contribute through
their land management practices to healthy wildlife populations and to provide access for related recreation. It is in the
best interests of the state for the department of fish and
wildlife to respond quickly to wildlife damage complaints
and to work with these landowners and tenants to minimize
and/or prevent damages and conflicts while maintaining deer
and elk populations for enjoyment by all citizens of the state.
(3) A timely and simplified process for resolving claims
for damages caused by deer and elk for commercial agricultural or horticultural products is beneficial to the claimant
and the state. [1996 c 54 § 1.]
77.36.010 Definitions. (Expires June 30, 2004.) The
definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Crop" means (a) a growing or harvested horticultural and/or agricultural product for commercial purposes; or
(b) rangeland forage on privately owned land used for
grazing or browsing of domestic livestock for at least a
portion of the year for commercial purposes. For the
purposes of this chapter all parts of horticultural trees shall
be considered a crop and shall be eligible for claims.
(2) "Emergency" means an unforeseen circumstance
beyond the control of the landowner or tenant that presents
a real and immediate threat to crops, domestic animals, or
fowl.
(3) "Immediate family member" means spouse, brother,
sister, grandparent, parent, child, or grandchild. [2001 c 274
§ 2; 1996 c 54 § 2.]
Expiration date—2001 c 274 §§ 1-3: See note following RCW
77.36.005.
Effective date—2001 c 274: See note following RCW 77.36.005.
77.36.010 Definitions. (Effective June 30, 2004.)
Unless otherwise specified, the following definitions apply
throughout this chapter:
(1) "Crop" means a commercially raised horticultural
and/or agricultural product and includes growing or harvested product but does not include livestock. For the purposes
of this chapter all parts of horticultural trees shall be
considered a crop and shall be eligible for claims.
(2) "Emergency" means an unforeseen circumstance
beyond the control of the landowner or tenant that presents
a real and immediate threat to crops, domestic animals, or
fowl.
(3) "Immediate family member" means spouse, brother,
sister, grandparent, parent, child, or grandchild. [1996 c 54
§ 2.]
77.36.020 Game damage control—Special hunt.
The department shall work closely with landowners and
tenants suffering game damage problems to control damage
without killing the animals when practical, to increase the
harvest of damage-causing animals in hunting seasons, and
(2002 Ed.)
77.36.005
to kill the animals when no other practical means of damage
control is feasible.
If the department receives recurring complaints regarding property being damaged as described in this section or
RCW 77.36.030 from the owner or tenant of real property,
or receives such complaints from several such owners or
tenants in a locale, the commission shall consider conducting
a special hunt or special hunts to reduce the potential for
such damage. [1996 c 54 § 3.]
77.36.030 Trapping or killing wildlife causing
damage—Emergency situations. (1) Subject to the
following limitations and conditions, the owner, the owner’s
immediate family member, the owner’s documented employee, or a tenant of real property may trap or kill on that
property, without the licenses required under RCW 77.32.010
or authorization from the director under RCW 77.12.240,
wild animals or wild birds that are damaging crops, domestic
animals, or fowl:
(a) Threatened or endangered species shall not be
hunted, trapped, or killed;
(b) Except in an emergency situation, deer, elk, and
protected wildlife shall not be killed without a permit issued
and conditioned by the director or the director’s designee.
In an emergency, the department may give verbal permission
followed by written permission to trap or kill any deer, elk,
or protected wildlife that is damaging crops, domestic
animals, or fowl; and
(c) On privately owned cattle ranching lands, the land
owner or lessee may declare an emergency only when the
department has not responded within forty-eight hours after
having been contacted by the land owner or lessee regarding
damage caused by wild animals or wild birds. In such an
emergency, the owner or lessee may trap or kill any deer,
elk, or other protected wildlife that is causing the damage
but deer and elk may only be killed if such lands were open
to public hunting during the previous hunting season, or the
closure to public hunting was coordinated with the department to protect property and livestock.
(2) Except for coyotes and Columbian ground squirrels,
wildlife trapped or killed under this section remain the
property of the state, and the person trapping or killing the
wildlife shall notify the department immediately. The
department shall dispose of wildlife so taken within three
days of receiving such a notification and in a manner
determined by the director to be in the best interest of the
state. [1996 c 54 § 4.]
77.36.040 Payment of claims for damages—
Procedure—Limitations. (1) Pursuant to this section, the
director or the director’s designee may distribute money
appropriated to pay claims for damages to crops caused by
wild deer or elk in an amount of up to ten thousand dollars
per claim. Damages payable under this section are limited
to the value of such commercially raised horticultural or
agricultural crops, whether growing or harvested, and shall
be paid only to the owner of the crop at the time of damage,
without assignment. Damages shall not include damage to
other real or personal property including other vegetation or
animals, damages caused by animals other than wild deer or
elk, lost profits, consequential damages, or any other
[Title 77 RCW—page 51]
77.36.040
Title 77 RCW: Fish and Wildlife
damages whatsoever. These damages shall comprise the
exclusive remedy for claims against the state for damages
caused by wildlife.
(2) The director may adopt rules for the form of
affidavits or proof to be provided in claims under this
section. The director may adopt rules to specify the time
and method of assessing damage. The burden of proving
damages shall be on the claimant. Payment of claims shall
remain subject to the other conditions and limits of this
chapter.
(3) If funds are limited, payments of claims shall be
prioritized in the order that the claims are received. No
claim may be processed if:
(a) The claimant did not notify the department within
ten days of discovery of the damage. If the claimant intends
to take steps that prevent determination of damages, such as
harvest of damaged crops, then the claimant shall notify the
department as soon as reasonably possible after discovery so
that the department has an opportunity to document the
damage and take steps to prevent additional damage; or
(b) The claimant did not present a complete, written
claim within sixty days after the damage, or the last day of
damaging if the damage was of a continuing nature.
(4) The director or the director’s designee may examine
and assess the damage upon notice. The department and
claimant may agree to an assessment of damages by a
neutral person or persons knowledgeable in horticultural or
agricultural practices. The department and claimant shall
share equally in the costs of such third party examination
and assessment of damage.
(5) There shall be no payment for damages if:
(a) The crops are on lands leased from any public
agency;
(b) The landowner or claimant failed to use or maintain
applicable damage prevention materials or methods furnished
by the department, or failed to comply with a wildlife
damage prevention agreement under RCW 77.12.260;
(c) The director has expended all funds appropriated for
payment of such claims for the current fiscal year; or
(d) The damages are covered by insurance. The
claimant shall notify the department at the time of claim of
insurance coverage in the manner required by the director.
Insurance coverage shall cover all damages prior to any
payment under this chapter.
(6) When there is a determination of claim by the
director or the director’s designee pursuant to this section,
the claimant has sixty days to accept the claim or it is
deemed rejected. [1996 c 54 § 5.]
77.36.050 Claimant refusal—Excessive claims. If
the claimant does not accept the director’s decision under
RCW 77.36.040, or if the claim exceeds ten thousand
dollars, then the claim may be filed with the office of risk
management under *RCW 4.92.040(5). The office of risk
management shall recommend to the legislature whether the
claim should be paid. If the legislature approves the claim,
the director shall pay it from moneys appropriated for that
purpose. No funds shall be expended for damages under this
chapter except as appropriated by the legislature. [1996 c 54
§ 6.]
*Reviser’s note: RCW 4.92.040 was amended by 2002 c 332 § 11,
changing the filing of claims under subsection (5) to the risk management
division.
77.36.060 Claim refused—Posted property. The
director may refuse to consider and pay claims of persons
who have posted the property against hunting or who have
not allowed public hunting during the season prior to the
occurrence of the damages. [1996 c 54 § 7.]
77.36.070 Limit on total claims from wildlife fund
per fiscal year. The department may pay no more than one
hundred twenty thousand dollars per fiscal year from the
wildlife fund for claims under RCW 77.36.040 and for
assessment costs and compromise of claims. Such money
shall be used to pay animal damage claims only if the claim
meets the conditions of RCW 77.36.040 and the damage occurred in a place where the opportunity to hunt was not
restricted or prohibited by a county, municipality, or other
public entity during the season prior to the occurrence of the
damage. [1996 c 54 § 8.]
77.36.080 Limit on total claims from general fund
per fiscal year—Emergency exceptions. (Expires June 30,
2004.) (1) The department may pay no more than thirty
thousand dollars per fiscal year from the general fund for
claims under RCW 77.36.040 and for assessment costs and
compromise of claims unless the legislature declares an
emergency. Such money shall be used to pay animal
damage claims only if the claim meets the conditions of
RCW 77.36.040 and the damage occurred in a place where
the opportunity to hunt was restricted or prohibited by a
county, municipality, or other public entity during the season
prior to the occurrence of the damage.
(2) The legislature may declare an emergency, defined
for the purposes of this section as any happening arising
from weather, other natural conditions, or fire that causes
unusually great damage by deer or elk to commercially
raised agricultural or horticultural crops, or rangeland forage
on privately owned land used for grazing or browsing of
domestic livestock for at least a portion of the year. In an
emergency, the department may pay as much as may be
subsequently appropriated, in addition to the funds authorized under subsection (1) of this section, for claims under
RCW 77.36.040 and for assessment and compromise of
claims. Such money shall be used to pay animal damage
claims only if the claim meets the conditions of RCW
77.36.040 and the department has expended all funds
authorized under RCW 77.36.070 or subsection (1) of this
section.
(3) Of the total funds available each fiscal year under
subsection (1) of this section and RCW 77.36.070, no more
than one-third of this total may be used to pay animal
damage claims for rangeland forage on privately owned land.
(4) Of the total funds available each fiscal year under
subsection (1) of this section and RCW 77.36.070 that
remain unspent at the end of the fiscal year, fifty percent
shall be utilized as matching grants to enhance habitat for
deer and elk on public lands. [2001 c 274 § 3; 1996 c 54 §
9.]
Expiration date—2001 c 274 §§ 1-3: See note following RCW
77.36.005.
[Title 77 RCW—page 52]
(2002 Ed.)
Wildlife Damage
Effective date—2001 c 274: See note following RCW 77.36.005.
77.36.080 Limit on total claims from general fund
per fiscal year—Emergency exceptions. (Effective June
30, 2004.) (1) The department may pay no more than thirty
thousand dollars per fiscal year from the general fund for
claims under RCW 77.36.040 and for assessment costs and
compromise of claims unless the legislature declares an
emergency. Such money shall be used to pay animal
damage claims only if the claim meets the conditions of
RCW 77.36.040 and the damage occurred in a place where
the opportunity to hunt was restricted or prohibited by a
county, municipality, or other public entity during the season
prior to the occurrence of the damage.
(2) The legislature may declare an emergency, defined
for the purposes of this section as any happening arising
from weather, other natural conditions, or fire that causes
unusually great damage to commercially raised agricultural
or horticultural crops by deer or elk. In an emergency, the
department may pay as much as may be subsequently
appropriated, in addition to the funds authorized under
subsection (1) of this section, for claims under RCW
77.36.040 and for assessment and compromise of claims.
Such money shall be used to pay animal damage claims only
if the claim meets the conditions of RCW 77.36.040 and the
department has expended all funds authorized under RCW
77.36.070 or subsection (1) of this section. [1996 c 54 § 9.]
77.36.900 Application—1996 c 54. Chapter 54, Laws
of 1996 applies prospectively only and not retroactively. It
applies only to claims that arise on or after July 1, 1996.
[1996 c 54 § 10.]
77.36.901 Effective date—1996 c 54. Sections 1
through 12 of this act shall take effect July 1, 1996. [1996
c 54 § 13.]
Chapter 77.44
WARM WATER GAME FISH
ENHANCEMENT PROGRAM
Sections
77.44.005
77.44.007
77.44.010
77.44.030
77.44.040
77.44.050
77.44.060
77.44.070
Public interest declaration.
Definitions.
Warm water game fish enhancement program—Created.
Freshwater, combination fishing license—Disposition of fee.
Program goals.
Warm water game fish account—Created—Use of moneys.
Specifications—Purchases from aquatic farmers.
Purchases from aquatic farmers for stocking purposes.
77.44.005 Public interest declaration. The legislature declares that the public and private propagation, production, protection, and enhancement of fish is in the public
interest. [1991 c 253 § 1. Formerly RCW 77.18.005.]
77.44.007 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(2002 Ed.)
77.36.080
(1) "Contract" means an agreement setting at a minimum, price, quantity of fish to be delivered, time of delivery, and fish health requirements.
(2) "Fish health requirements" means those site specific
fish health and genetic requirements actually used by the
department of fish and wildlife in fish stocking.
(3) "Aquatic farmer" means a private sector person who
commercially farms and manages private sector cultured
aquatic products on the person’s own land or on land in
which the person has a present right of possession.
(4) "Warm water game fish" includes the following
species: Bass, channel catfish, walleye, crappie, and other
species as defined by the department. [2000 c 107 § 262;
1993 sp.s. c 2 § 76; 1991 c 253 § 2. Formerly RCW
77.18.010.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.44.010 Warm water game fish enhancement
program—Created. A warm water game fish enhancement
program is created in the department. The enhancement
program shall be designed to increase the opportunities to
fish for and catch warm water game fish including:
Largemouth black bass, smallmouth black bass, channel
catfish, black crappie, white crappie, walleye, and tiger
musky. The program shall be designed to use a practical
applied approach to increasing warm water fishing. The
department shall use the funds available efficiently to assure
the greatest increase in the fishing for warm water fish at the
lowest cost. This approach shall involve the minimization of
overhead and administrative costs and the maximization of
productive in-the-field activities. [1998 c 191 § 39; 1996 c
222 § 1.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective dates—1996 c 222: "(1) Sections 1, 2, and 4 through 6 of
this act shall take effect July 1, 1996.
(2) Section 3 of this act shall take effect January 1, 1997." [1996 c
222 § 8.]
77.44.030 Freshwater, combination fishing license—
Disposition of fee. (1) As provided in RCW 77.32.440, a
portion of each freshwater and combination fishing license
fee shall be deposited into the warm water game fish
account.
(2) The department shall use the most cost-effective
format in designing and administering the warm water game
fish surcharge [account].
(3) A warm water game fish account shall be used for
enhancement of largemouth bass, smallmouth bass, walleye,
black crappie, white crappie, channel catfish, and tiger
musky. [1998 c 191 § 29; 1996 c 222 § 3.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Effective dates—1996 c 222: See note following RCW 77.44.010.
77.44.040 Program goals. The goals of the warm
water game fish enhancement program are to improve the
fishing for warm water game fish using cost-effective
management. Development of new ponds and lakes shall be
an important and integral part of the program. The department shall work with the department of natural resources to
[Title 77 RCW—page 53]
77.44.040
Title 77 RCW: Fish and Wildlife
coordinate the reclamation of surface mines and the development of warm water game fish ponds. Improvement of
warm water fishing shall be coordinated with the protection
and conservation of cold water fish populations. This shall
be accomplished by carefully designing the warm water
projects to have minimal adverse effects upon the cold water
fish populations. New pond and lake development should
have beneficial effects upon wildlife due to the increase in
lacustrine and wetland habitat that will accompany the
improvement of warm water fish habitat. The department
shall not develop projects that will increase the populations
of undesirable or deleterious fish species such as carp,
squawfish, walking catfish, and others.
Fish culture programs shall be used in conditions where
they will prove to be cost-effective, and may include the
purchase of warm water fish from aquatic farmers defined in
RCW 15.85.020. Consideration should be made for development of urban area enhancement of fishing opportunity for
put-and-take species, such as channel catfish, that are
amenable to production by low-cost fish culture methods.
Fish culture shall also be used for stocking of high value
species, such as walleye, smallmouth bass, and tiger musky.
Introduction of special genetic strains that show high
potential for recreational fishing improvement, including
Florida strain largemouth bass and striped bass, shall be
considered.
Transplantation and introduction of exotic warm water
fish shall be carefully reviewed to assure that adverse effects
to native fish and wildlife populations do not occur. This
review shall include an analysis of consequences from
disease and parasite introduction.
Population management through the use of fish
toxicants, including rotenone or derris root, shall be an
integral part of the warm water game fish enhancement program. However, any use of fish toxicants shall be subject to
a thorough review to prevent adverse effects to cold water
fish, desirable warm water fish, and other biota. Eradication
of deleterious fish species shall be a goal of the program.
Habitat improvement shall be a major aspect of the
warm water game fish enhancement program. Habitat
improvement opportunities shall be defined with scientific
investigations, field surveys, and by using the extensive
experience of other state management entities. Installation
of cover, structure, water flow control structures, screens,
spawning substrate, vegetation control, and other management techniques shall be fully used. The department shall
work to gain access to privately owned waters that can be
developed with habitat improvements to improve the warm
water resource for public fishing.
The department shall use the resources of cooperative
groups to assist in the planning and implementation of the
warm water game fish enhancement program. In the
development of the program the department shall actively
involve the organized fishing clubs that primarily fish for
warm water fish. The warm water fish enhancement
program shall be cooperative between the department and
private landowners; private landowners shall not be required
to alter the uses of their private property to fulfill the
purposes of the warm water fish enhancement program. The
director shall not impose restrictions on the use of private
property, or take private property, for the purpose of the
warm water fish enhancement program. [1996 c 222 § 4.]
[Title 77 RCW—page 54]
Effective dates—1996 c 222: See note following RCW 77.44.010.
77.44.050 Warm water game fish account—
Created—Use of moneys. The warm water game fish
account is hereby created in the state wildlife fund. Moneys
in the account are subject to legislative appropriation and
shall be used for the purpose of funding the warm water
game fish enhancement program, including the development
of warm water pond and lake habitat, culture of warm water
game fish, improvement of warm water fish habitat, management of warm water fish populations, and other practical
activities that will improve the fishing for warm water fish.
Funds for warm water game fish as provided in RCW
77.32.440 shall not serve as replacement funding for department-operated warm water fish projects existing on December 31, 1994, except that an amount not to exceed ninety-one
thousand dollars may be used for warm water fish culture at
the Rod Meseberg warm water fish production facility during
the biennium ending June 30, 2001. [1999 c 235 § 1; 1996
c 222 § 5.]
Effective date—1999 c 235: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 10, 1999]." [1999 c 235 § 4.]
Effective dates—1996 c 222: See note following RCW 77.44.010.
77.44.060 Specifications—Purchases from aquatic
farmers. If the department requires, pursuant to its authority
relative to environmental permits or licenses, that resident
hatchery game fish be stocked by the permittee or licensee
for mitigation of environmental damage, the department shall
specify the pounds or numbers, species, stock, and/or race of
resident game fish that are to be provided. The department
shall offer the permittee or licensee the option of purchasing
under contract from aquatic farmers in Washington, those
game fish, unless the fish specified by the department are
not available from Washington growers. [1991 c 253 § 3.
Formerly RCW 77.18.020.]
77.44.070 Purchases from aquatic farmers for
stocking purposes. Any agency of state or federal government, political subdivision of the state, private or public
utility company, corporation, or sports group, or any purchaser of fish under RCW 77.44.060 may purchase resident
game fish from an aquatic farmer for stocking purposes if
permit requirements of this title and the department have
been met. [2001 c 253 § 53; 1991 c 253 § 4. Formerly
RCW 77.18.030.]
Chapter 77.50
LIMITATIONS ON CERTAIN
COMMERCIAL FISHERIES
(Formerly: Unlawful acts)
Sections
77.50.010
77.50.020
77.50.030
77.50.040
Limitations on commercial fishing for salmon in Puget
Sound waters.
Limitations on commercial fishing for chinook or coho
salmon in Pacific Ocean and Straits of Juan de Fuca.
Salmon fishing gear.
Commercial net fishing for salmon in tributaries of Columbia river—Boundaries defined.
(2002 Ed.)
Limitations on Certain Commercial Fisheries
77.50.050
77.50.060
77.50.070
77.50.080
77.50.090
77.50.100
77.50.110
77.50.120
77.50.900
Reef net salmon fishing gear—Reef net areas specified.
Unauthorized fishing vessels entering state waters.
Limitation on salmon fishing gear in Pacific Ocean.
Possession or transportation in Pacific Ocean of salmon
taken by other than troll lines or angling gear.
Bottom trawling not authorized—Areas specified.
Hood Canal shrimp—Limitation on number of shrimp pots.
Commercial salmon fishing—Unauthorized gear.
Maintaining consistent salmon harvest levels.
Purpose—2000 c 107.
77.50.010 Limitations on commercial fishing for
salmon in Puget Sound waters. (1) The commission may
authorize commercial fishing for sockeye salmon within the
waters described in subsection (2) of this section only during
the period June 10th to July 25th and for other salmon only
from the second Monday of September through November
30th, except during the hours between 4:00 p.m. of Friday
and 4:00 p.m. of the following Sunday.
(2) All waters east and south of a line commencing at
a concrete monument on Angeles Point in Clallam county
near the mouth of the Elwha River on which is inscribed
"Angeles Point Monument" (latitude 48° 9’ 3" north, longitude 123° 33’ 01" west of Greenwich Meridian); thence
running east on a line 81° 30’ true across the flashlight and
bell buoy off Partridge Point and thence continued to
longitude 122° 40’ west; thence north to the southerly shore
of Sinclair Island; thence along the southerly shore of the
island to the most easterly point of the island; thence 46°
true to Carter Point, the most southerly point of Lummi
Island; thence northwesterly along the westerly shore line of
Lummi Island to where the shore line intersects line of
longitude 122° 40’ west; thence north to the mainland,
including: The southerly portion of Hale Passage,
Bellingham Bay, Padilla Bay, Fidalgo Bay, Guemes Channel,
Skagit Bay, Similk Bay, Saratoga Passage, Holmes Harbor,
Possession Sound, Admiralty Inlet, Hood Canal, Puget
Sound, and their inlets, passages, waters, waterways, and
tributaries.
(3) The commission may authorize commercial fishing
for salmon with gill net, purse seine, and other lawful gear
prior to the second Monday in September within the waters
of Hale Passage, Bellingham Bay, Samish Bay, Padilla Bay,
Fidalgo Bay, Guemes Channel, Skagit Bay, and Similk Bay,
to wit: Those waters northerly and easterly of a line
commencing at Stanwood, thence along the south shore of
Skagit Bay to Rocky Point on Camano Island; thence
northerly to Polnell Point on Whidbey Island.
(4) Whenever the commission determines that a stock or
run of salmon cannot be harvested in the usual manner, and
that the stock or run of salmon may be in danger of being
wasted and surplus to natural or artificial spawning requirements, the commission may authorize units of gill net and
purse seine gear in any number or equivalents, by time and
area, to fully utilize the harvestable portions of these salmon
runs for the economic well being of the citizens of this state.
Gill net and purse seine gear other than emergency and test
gear authorized by the director shall not be used in Lake
Washington.
(5) The commission may authorize commercial fishing
for pink salmon in each odd-numbered year from August 1st
through September 1st in the waters lying inside of a line
commencing at the most easterly point of Dungeness Spit
(2002 Ed.)
Chapter 77.50
and thence projected to Point Partridge on Whidbey Island
and a line commencing at Olele Point and thence projected
easterly to Bush Point on Whidbey Island. [2002 c 311 § 2;
1998 c 190 § 75; 1995 1st sp.s. c 2 § 25 (Referendum Bill
No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 §
46; 1973 1st ex.s. c 220 § 2; 1971 ex.s. c 283 § 13; 1955 c
12 § 75.12.010. Prior: 1949 c 112 § 28; Rem. Supp. 1949
§ 5780-301. Formerly RCW 75.12.010.]
Findings—2002 c 311: "The legislature finds that the economic wellbeing and stability of the fishing industry and the conservation of the food
fish resources of the state of Washington are best served by providing
managers with all available tools to stabilize and distribute the commercial
harvest of targeted Puget Sound salmon stocks. In recent years, segments
of the industry in cooperation with the department of fish and wildlife have
funded studies examining modification of harvest practices and fishing gear,
particularly purse seine gear, to minimize or avoid impacts on nontargeted
Puget Sound salmon stocks.
The legislature finds that the new Pacific salmon treaty agreement of
1999 will drastically reduce the commercial harvest of Fraser river sockeye
salmon while likely providing increased harvest opportunities in areas of
Puget Sound where only gill net gear is now authorized. This exclusive
limitation is contrary to the long-term needs of the fishing industry and
inconsistent with the legislature’s intent to stabilize harvest levels while
selectively targeting healthy salmon stocks." [2002 c 311 § 1.]
Effective date—2002 c 311 § 2: "Section 2 of this act takes effect
July 1, 2002." [2002 c 311 § 3.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Legislative declaration: "The preservation of the fishing industry and
food fish and shellfish resources of the state of Washington is vital to the
state’s economy, and effective measures and remedies are necessary to
prevent the depletion of these resources." [1973 1st ex.s. c 220 § 1.]
Effective dates—1971 ex.s. c 283: See note following RCW
77.65.170.
77.50.020 Limitations on commercial fishing for
chinook or coho salmon in Pacific Ocean and Straits of
Juan de Fuca. (1) The commission may authorize commercial fishing for coho salmon in the Pacific Ocean and the
Straits of Juan de Fuca only from June 16th through October
31st.
(2) The commission may authorize commercial fishing
for chinook salmon in the Pacific Ocean and the Straits of
Juan de Fuca only from March 15th through October 31st.
[1998 c 190 § 76; 1995 1st sp.s. c 2 § 26 (Referendum Bill
No. 45, approved November 7, 1995); 1983 1st ex.s. c 46 §
48; 1955 c 12 § 75.18.020. Prior: 1953 c 147 § 3. Formerly RCW 75.12.015, 75.18.020.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.50.030 Salmon fishing gear. (1) A person shall
not use, operate, or maintain a gill net which exceeds one
thousand five hundred feet in length or a drag seine in the
waters of the Columbia river for catching salmon.
(2) A person shall not construct, install, use, operate, or
maintain within state waters a pound net, round haul net,
lampara net, fish trap, fish wheel, scow fish wheel, set net,
weir, or fixed appliance for catching salmon or steelhead
except under the authority of a trial or experimental fishery
permit, when an emerging commercial fishery has been
[Title 77 RCW—page 55]
77.50.030
Title 77 RCW: Fish and Wildlife
designated allowing use of one or more of these gear types.
The director must consult with the commercial fishing
interests that would be affected by the trial or experimental
fishery permit. The director may authorize the use of this
gear for scientific investigations.
(3) The department, in coordination with the Oregon
department of fish and wildlife, shall adopt rules to regulate
the use of monofilament in gill net webbing on the Columbia
river. [2001 c 163 § 2; 1998 c 190 § 77; 1993 sp.s. c 2 §
27; 1985 c 147 § 1; 1983 1st ex.s. c 46 § 52; 1955 c 12 §
75.12.040. Prior: 1949 c 112 § 29; Rem. Supp. 1949 §
5780-303. Formerly RCW 75.12.040.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.50.040 Commercial net fishing for salmon in
tributaries of Columbia river—Boundaries defined. (1)
The commission shall adopt rules defining geographical
boundaries of the following Columbia river tributaries and
sloughs:
(a) Washougal river;
(b) Camas slough;
(c) Lewis river;
(d) Kalama river;
(e) Cowlitz river;
(f) Elokomin river;
(g) Elokomin sloughs;
(h) Skamokawa sloughs;
(i) Grays river;
(j) Deep river;
(k) Grays bay.
(2) The commission may authorize commercial net
fishing for salmon in the tributaries and sloughs from
September 1st to November 30th only, if the time, areas, and
level of effort are regulated in order to maximize the
recreational fishing opportunity while minimizing excess
returns of fish to hatcheries. The commission shall not
authorize commercial net fishing if a significant catch of
steelhead would occur. [1998 c 190 § 78; 1984 c 80 § 5;
1983 c 245 § 1. Formerly RCW 75.12.132.]
77.50.050 Reef net salmon fishing gear—Reef net
areas specified. The commission shall not authorize use of
reef net fishing gear except in the reef net areas described in
this section.
(1) Point Roberts reef net fishing area includes those
waters within 250 feet on each side of a line projected 129°
true from a point at longitude 123° 01’ 15" W. latitude 48°
58’ 38" N. to a point one mile distant, as such description is
shown upon the United States Coast and Geodetic Survey
map numbered 6300, published September, 1941, in Washington, D.C., eleventh edition.
(2) Cherry Point reef net fishing area includes those
waters inland and inside the 10-fathom line between lines
projected 205° true from points on the mainland at longitude
122° 44’ 54" latitude 48° 51’ 48" and longitude 122° 44’ 18"
latitude 48° 51’ 33", a [as] such descriptions are shown upon
the United States Coast and Geodetic Survey map numbered
6380, published March, 1947, in Washington, D.C., eighth
edition.
[Title 77 RCW—page 56]
(3) Lummi Island reef net fishing area includes those
waters inland and inside a line projected from Village Point
208° true to a point 900 yards distant, thence 129° true to
the point of intersection with a line projected 259° true from
the shore of Lummi Island 122° 40’ 42" latitude 48° 41’
32", as such descriptions are shown upon the United States
Coast and Geodetic Survey map numbered 6380, published
March, 1947, in Washington, D.C., eighth edition, revised
11-25-57, save and except that there shall be excluded
therefrom all waters lying inside of a line projected 259° true
from a point at 122° 40’ 42" latitude 48° 41’ 32" to a point
300 yards distant from high tide, thence in a northerly
direction to the United States Coast and Geodetic Survey
reference mark number 2, 1941-1950, located on that point
on Lummi Island known as Lovers Point, as such descriptions are shown upon the United States Coast and Geodetic
Survey map number 6380 as aforesaid. The term "Village
Point" as used herein shall be construed to mean a point of
location on Village Point, Lummi Island, at the mean high
tide line on a true bearing of 43° 53’ a distance of 457 feet
to the center of the chimney of a wood frame house on the
east side of the county road. Said chimney and house being
described as Village Point Chimney on page 612 of the
United States Coast and Geodetic Survey list of geographic
positions No. G-5455, Rosario Strait.
(4) Sinclair Island reef net fishing area includes those
waters inland and inside a line projected from the northern
point of Sinclair Island to Boulder reef, thence 200° true to
the northwesterly point of Sinclair Island, as such descriptions are shown upon the United States Coast and Geodetic
Survey map numbered 6380, published March, 1947, in
Washington, D.C., eighth edition.
(5) Flat Point reef net fishing area includes those waters
within a radius of 175 feet of a point off Lopez Island
located at longitude 122° 55’ 24" latitude 48° 32’ 33", as
such description is shown upon the United States Coast and
Geodetic Survey map numbered 6380, published March,
1947, in Washington, D.C., eighth edition.
(6) Lopez Island reef net fishing area includes those
waters within 400 yards of shore between lines projected
true west from points on the shore of Lopez Island at
longitude 122° 55’ 04" latitude 48° 31’ 59" and longitude
122° 55’ 54" latitude 48° 30’ 55", as such descriptions are
shown upon the United States Coast and Geodetic Survey
map numbered 6380, published March, 1947, in Washington,
D.C., eighth edition.
(7) Iceberg Point reef net fishing area includes those
waters inland and inside a line projected from Davis Point
on Lopez Island to the west point of Long Island, thence to
the southern point of Hall Island, thence to the eastern point
at the entrance to Jones Bay, and thence to the southern
point at the entrance to Mackaye Harbor on Lopez Island;
and those waters inland and inside a line projected 320°
from Iceberg Point light on Lopez Island, a distance of 400
feet, thence easterly to the point on Lopez Island at longitude
122° 53’ 00" latitude 48° 25’ 39", as such descriptions are
shown upon the United States Coast and Geodetic Survey
map numbered 6380, published March, 1947, in Washington,
D.C., eighth edition.
(8) Aleck Bay reef net fishing area includes those
waters inland and inside a line projected from the southwestern point at the entrance to Aleck Bay on Lopez Island at
(2002 Ed.)
Limitations on Certain Commercial Fisheries
longitude 122° 51’ 11" latitude 48° 25’ 14" southeasterly
800 yards to the submerged rock shown on U.S.G.S. map
number 6380, thence northerly to the cove on Lopez Island
at longitude 122° 50’ 49" latitude 48° 25’ 42", as such descriptions are shown upon the United States Coast and
Geodetic Survey map numbered 6380, published March,
1947, in Washington, D.C., eighth edition.
(9) Shaw Island reef net fishing area number 1 includes
those waters within 300 yards of shore between lines
projected true south from points on Shaw Island at longitude
122° 56’ 14" latitude 48° 33’ 28" and longitude 122° 57’ 29"
latitude 48° 32’ 58", as such descriptions are shown upon the
United States Coast and Geodetic Survey map numbered
6380, published March, 1947, in Washington, D.C., eighth
edition.
(10) Shaw Island reef net fishing area number 2
includes those waters inland and inside a line projected from
Point George on Shaw Island to the westerly point of Neck
Point on Shaw Island, as such description is shown upon the
United States Coast and Geodetic Survey map numbered
6380, published March, 1947, in Washington, D.C., eighth
edition.
(11) Stuart Island reef net fishing area number 1
includes those waters within 600 feet of the shore of Stuart
Island between lines projected true east from points at
longitude 123° 10’ 47" latitude 48° 39’ 47" and longitude
123° 10’ 47" latitude 48° 39’ 33", as such descriptions are
shown upon the United States Coast and Geodetic Survey
map numbered 6380, published March, 1947, in Washington,
D.C., eighth edition.
(12) Stuart Island reef net fishing area number 2
includes those waters within 250 feet of Gossip Island, also
known as Happy Island, as such description is shown upon
the United States Coast and Geodetic Survey map numbered
6380, published March, 1947, in Washington, D.C., eighth
edition.
(13) Johns Island reef net fishing area includes those
waters inland and inside a line projected from the eastern
point of Johns Island to the northwestern point of Little
Cactus Island, thence northwesterly to a point on Johns
Island at longitude 123° 09’ 24" latitude 48° 39’ 59", as
such descriptions are shown upon the United States Coast
and Geodetic Survey map numbered 6380, published March,
1947, in Washington, D.C., eighth edition.
(14) Battleship Island reef net fishing area includes
those waters lying within 350 feet of Battleship Island, as
such description is shown upon the United States Coast and
Geodetic Survey map numbered 6380, published March,
1947, in Washington, D.C., eighth edition.
(15) Open Bay reef net fishing area includes those
waters lying within 150 feet of shore between lines projected
true east from a point on Henry Island at longitude 123° 11’
34 1/2" latitude 48° 35’ 27 1/2" at a point 250 feet south, as
such descriptions are shown upon the United States Coast
and Geodetic Survey map numbered 6380, published March,
1947, in Washington, D.C., eighth edition.
(16) Mitchell Reef net fishing area includes those waters
within a line beginning at the rock shown on U.S.G.S. map
number 6380 at longitude 123° 10’ 56" latitude 48° 34’ 49
1/2", and projected 50 feet northwesterly, thence southwesterly 250 feet, thence southeasterly 300 feet, thence northeasterly 250 feet, thence to the point of beginning, as such
(2002 Ed.)
77.50.050
descriptions are shown upon the United States Coast and
Geodetic Survey map numbered 6380, published March,
1947, in Washington, D.C., eighth edition.
(17) Smugglers Cove reef fishing area includes those
waters within 200 feet of shore between lines projected true
west from points on the shore of San Juan Island at longitude 123° 10’ 29" latitude 48° 33’ 50" and longitude 123°
10’ 31" latitude 48° 33’ 45", as such descriptions are shown
upon the United States Coast and Geodetic Survey map
numbered 6380, published March, 1947, in Washington,
D.C., eighth edition.
(18) Andrews Bay reef net fishing area includes those
waters lying within 300 feet of the shore of San Juan Island
between a line projected true south from a point at the
northern entrance of Andrews Bay at longitude 123° 09’ 53
1/2" latitude 48° 33’ 00" and the cable crossing sign in
Andrews Bay, at longitude 123° 09’ 45" latitude 48° 33’
04", as such descriptions are shown upon the United States
Coast and Geodetic Survey map numbered 6380, published
March, 1947, in Washington, D.C., eighth edition.
(19) Orcas Island reef net fishing area includes those
waters inland and inside a line projected true west a distance
of 1,000 yards from the shore of Orcas Island at longitude
122° 57’ 40" latitude 48° 41’ 06" thence northeasterly to a
point 500 feet true west of Point Doughty, then true east to
Point Doughty, as such descriptions are shown upon the
United States Coast and Geodetic Survey map numbered
6380, published March, 1947, in Washington, D.C., eighth
edition. [1998 c 190 § 79; 1983 1st ex.s. c 46 § 59; 1965 c
64 § 1; 1961 c 236 § 1; 1959 c 309 § 1; 1955 c 276 § 2.
Formerly RCW 75.12.140.]
77.50.060 Unauthorized fishing vessels entering
state waters. In order to protect the welfare of the citizens
of the state of Washington by protecting the natural resources of the state from illegal fishing in state waters, commercial fishing vessels which are not authorized by law to fish
for salmon in Washington state waters cannot enter Washington state waters unless all salmon fishing gear is stowed
below deck or placed in a position so that it is not readily
available for fishing. [1987 c 262 § 1. Formerly RCW
75.12.155.]
77.50.070 Limitation on salmon fishing gear in
Pacific Ocean. (1) Except as provided in subsection (2) of
this section, the commission shall not authorize gear other
than troll gear or angling gear for taking salmon within the
offshore waters or the waters of the Pacific Ocean over
which the state has jurisdiction lying west of the following
line: Commencing at the point of intersection of the international boundary line in the Strait of Juan de Fuca and a
line drawn between the lighthouse on Tatoosh Island in
Clallam County and Bonilla Point on Vancouver Island;
thence southerly to the lighthouse on Tatoosh Island; thence
southerly to the most westerly point of Cape Flattery; thence
southerly along the state shoreline of the Pacific Ocean,
crossing any river mouths at their most westerly points of
land, to Point Brown at the entrance to Grays Harbor; thence
southerly to Point Chehalis Light on Point Chehalis; thence
southerly from Point Chehalis along the state shoreline of the
Pacific Ocean to the Cape Shoalwater tower at the entrance
[Title 77 RCW—page 57]
77.50.070
Title 77 RCW: Fish and Wildlife
to Willapa Bay; thence southerly to Leadbetter Point; thence
southerly along the state shoreline of the Pacific Ocean to
the inshore end of the North jetty at the entrance to the
Columbia River; thence southerly to the knuckle of the
South jetty at the entrance to said river.
(2) The commission may authorize the use of nets for
taking salmon in the waters described in subsection (1) of
this section for scientific investigations. [1998 c 190 § 80;
1993 c 20 § 2; 1983 1st ex.s. c 46 § 60; 1957 c 108 § 3.
Formerly RCW 75.12.210.]
Camano Island. [1998 c 190 § 82; 1989 c 172 § 1. Formerly RCW 75.12.390.]
Purpose—1993 c 20: "The purpose of this act is to correct references
to a geographical landmark on Cape Shoalwater that no longer exists. Cape
Shoalwater Light has been removed and a new tower has been constructed
four hundred yards to the west. It is not intended that this act make any
substantive change in the boundaries of the areas described in RCW
75.12.210 and 75.28.012 beyond the minor adjustment necessitated by the
replacement of the landmark." [1993 c 20 § 1.]
Preamble—1957 c 108: "The state has a vital interest in the salmon
resources of the Pacific Ocean both within and beyond the territorial limits
of the state, in that a large number of such salmon spawn in its fresh water
streams, migrate to the waters of the Pacific Ocean and, in response to their
anadromous cycle, return to the fresh water streams to spawn.
Expansion of fishing for salmon by the use of nets in waters of the
eastern Pacific Ocean, which has occurred in the past year, will result in a
substantial depletion of salmon originating within the state because the
salmon runs are intercepted before they separate to move in toward the
rivers of their origin. Oregon, California and Canada, through their
respective fisheries agencies, have likewise expressed a deep concern over
this problem since portions of such salmon originate within their respective
jurisdictions. Short of absolute prohibition, it appears to be presently
impracticable to regulate salmon net fishing in such waters of the Pacific
Ocean by any known scientific fisheries management techniques in order to
insure adequate salmon escapement to the three Pacific Coast states and
Canada, the reason being that salmon stocks and races are so commingled
in such Pacific Ocean waters that they are indistinguishable as to origin
until they enter the harbors, bays, straits and estuaries of the respective
jurisdictions.
Canada, through its authorized officials, has proposed to prohibit its
nationals from net fishing for salmon in Pacific Ocean waters provided the
United States or the three Pacific Coast states apply such appropriate
conservation measures to their respective citizens. Inasmuch as there is
presently no congressional legislation prohibiting such fishing, and inasmuch
as authorized officials of the state department of the United States have
expressed a desire to have the states act in this area, the Pacific Marine
Fisheries Commission has proposed and recommended appropriate
legislation to the three Pacific Coast states to insure the survival of their
valuable salmon resources." [1957 c 108 § 2. Formerly RCW 75.12.200.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Effective date—1983 1st ex.s. c 31: "This act shall take effect
January 1, 1984." [1983 1st ex.s. c 31 § 4.]
77.50.080 Possession or transportation in Pacific
Ocean of salmon taken by other than troll lines or
angling gear. Within the waters described in RCW
77.50.070, a person shall not transport or possess salmon on
board a vessel carrying fishing gear of a type other than troll
lines or angling gear, unless accompanied by a certificate
issued by a state or country showing that the salmon have
been lawfully taken within the territorial waters of the state
or country. [2000 c 107 § 13; 1998 c 190 § 81; 1983 1st
ex.s. c 46 § 61; 1963 c 234 § 2; 1957 c 108 § 5. Formerly
RCW 75.12.230.]
Preamble—1957 c 108: See note following RCW 77.50.070.
77.50.090 Bottom trawling not authorized—Areas
specified. The commission shall not authorize commercial
bottom trawling for food fish and shellfish in all areas of
Hood Canal south of a line projected from Tala Point to
Foulweather Bluff and in Puget Sound south of a line
projected from Foulweather Bluff to Double Bluff and
including all marine waters east of Whidbey Island and
[Title 77 RCW—page 58]
77.50.100 Hood Canal shrimp—Limitation on
number of shrimp pots. The commission shall not authorize any commercial fisher to use more than fifty shrimp
pots while commercially fishing for shrimp in that portion of
Hood Canal lying south of the Hood Canal floating bridge.
[1998 c 190 § 83; 1993 c 340 § 50; 1989 c 316 § 9; 1983
1st ex.s. c 31 § 2. Formerly RCW 75.12.440, 75.28.134.]
77.50.110
Commercial salmon fishing—
Unauthorized gear. The commission shall not authorize
angling gear or other personal use gear for commercial
salmon fishing. [1998 c 190 § 84; 1996 c 267 § 24; 1983
1st ex.s. c 46 § 69; 1969 ex.s. c 23 § 1. Formerly RCW
75.12.650.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
Effective date—1969 ex.s. c 23: "The provisions of this act shall
become effective January 1, 1970." [1969 ex.s. c 23 § 2.]
77.50.120 Maintaining consistent salmon harvest
levels. It is the intent of the legislature to ensure that a
sustainable level of salmon is made available for harvest for
commercial fishers in the state. Maintaining consistent
harvest levels has become increasingly difficult with the
listing of salmonid species under the federal endangered
species act. Without a stable level of harvest, fishers cannot
develop niche markets that maximize the economic value of
the harvest. New tools and approaches are needed by fish
managers to bring increased stability to the fishing industry.
In the short term, it is the legislature’s intent to provide
managers with tools to assure that commercial harvest of
targeted stocks can continue and expand under the constraints of the federal endangered species act. There are
experimental types of commercial fishing gear that could
allow fishers to stabilize harvest levels by selectively
targeting healthy salmon stocks.
For the longer term, the department of fish and wildlife
shall proceed with changes to the operation of certain
hatcheries in order to stabilize harvest levels by allowing
naturally spawning and hatchery origin fish to be managed
as a single run. Scientific information from such hatcheries
would guide the department’s approach to reducing the need
to mass mark hatchery origin salmon where appropriate.
[2001 c 163 § 1.]
77.50.900 Purpose—2000 c 107. The purpose of
chapter 107, Laws of 2000 is to recodify Titles 75 and 77
RCW into Title 77 RCW ensuant to the merger of the
departments of wildlife and fisheries. [2000 c 107 § 1.]
(2002 Ed.)
Construction Projects in State Waters
Chapter 77.55
CONSTRUCTION PROJECTS IN STATE WATERS
Sections
77.55.010
77.55.020
77.55.030
77.55.040
77.55.050
77.55.060
77.55.070
77.55.080
77.55.090
77.55.100
77.55.110
77.55.120
77.55.130
77.55.140
77.55.150
77.55.160
77.55.170
77.55.180
77.55.190
77.55.200
77.55.210
77.55.220
77.55.230
77.55.240
77.55.250
77.55.260
77.55.270
77.55.280
77.55.290
77.55.300
77.55.310
77.55.320
77.55.330
77.55.340
77.55.350
77.55.360
Informational brochure.
Environmental excellence program agreements—Effect on
chapter.
Hazardous substance remedial actions—Procedural requirements not applicable.
Fish guards required on diversion devices—Penalties, remedies for failure.
Review of permit applications to divert or store water—
Water flow policy.
Fishways required in dams, obstructions—Penalties, remedies for failure.
Director may modify inadequate fishways and fish guards.
If fishway is impractical, fish hatchery or cultural facility
may be provided in lieu.
Mitigation plan review.
Hydraulic projects or other work—Plans and specifications—Permits—Approval—Emergencies.
Hydraulic projects for irrigation, stock watering, or
streambank stabilization—Plans and specifications—
Approval—Emergencies.
Placement of woody debris as condition of permit.
Dike vegetation management guidelines—Memorandum of
agreement.
Hydraulic projects—Civil penalty.
Hydraulic projects for removal or control of spartina, purple
loosestrife, and aquatic noxious weeds—Approval may
not be required—Rules—Definitions.
Columbia river anadromous fish sanctuary—Restrictions.
Hydraulic appeals board—Members—Jurisdiction—
Procedures.
Hydraulic appeals board—Procedures.
Processing of permits or authorizations for emergency water
withdrawal and facilities to be expedited.
Marine beach front protective bulkheads or rockwalls.
Watershed restoration projects—Hydraulic project approval—Permit processing.
Definitions—Hydraulic project approval—Regular maintenance—Notice required.
Hydraulic projects—Off-site mitigation.
Operation and maintenance of fish collection facility on
Toutle river.
Wetlands filled under RCW 75.20.300—Mitigation not
required.
Sediment dredging or capping actions—Dredging of existing
channels and berthing areas—Mitigation not required.
Small scale prospecting and mining—Rules.
Hydraulic project approval—Habitat incentives agreement.
Fish habitat enhancement project—Permit review and approval process.
Habitat incentives program—Goal—Requirements of agreement—Application evaluation factors.
Director may modify inadequate fishways and protective
devices.
Diversion of water—Screen, bypass required.
Derelict fishing gear—Removal.
Hydraulic project approvals—Storm water discharges.
Hydraulic project approvals—Reasonable conditions.
Certain secure community transition facilities not subject to
this chapter.
77.55.010 Informational brochure. The department
of fish and wildlife, the department of ecology, and the
department of natural resources shall jointly develop an
informational brochure that describes when permits and any
other authorizations are required for flood damage prevention
and reduction projects, and recommends ways to best
proceed through the various regulatory permitting processes.
(2002 Ed.)
Chapter 77.55
[1993 sp.s. c 2 § 28; 1991 c 322 § 21. Formerly RCW
75.20.005.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
77.55.020 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any other
provision of law, any legal requirement under this chapter,
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions
of an environmental excellence program agreement, entered
into under chapter 43.21K RCW. [1997 c 381 § 25.
Formerly RCW 75.20.015.]
Purpose—1997 c 381: See RCW 43.21K.005.
77.55.030 Hazardous substance remedial actions—
Procedural requirements not applicable. The procedural
requirements of this chapter shall not apply to any person
conducting a remedial action at a facility pursuant to a
consent decree, order, or agreed order issued pursuant to
chapter 70.105D RCW, or to the department of ecology
when it conducts a remedial action under chapter 70.105D
RCW. The department of ecology shall ensure compliance
with the substantive requirements of this chapter through the
consent decree, order, or agreed order issued pursuant to
chapter 70.105D RCW, or during the department-conducted
remedial action, through the procedures developed by the
department pursuant to RCW 70.105D.090. [1994 c 257 §
18. Formerly RCW 75.20.025.]
Severability—1994 c 257: See note following RCW 36.70A.270.
77.55.040 Fish guards required on diversion
devices—Penalties, remedies for failure. A diversion
device used for conducting water from a lake, river, or
stream for any purpose shall be equipped with a fish guard
approved by the director to prevent the passage of fish into
the diversion device. The fish guard shall be maintained at
all times when water is taken into the diversion device. The
fish guards shall be installed at places and times prescribed
by the director upon thirty days’ notice to the owner of the
diversion device.
Each day the diversion device is not equipped with an
approved fish guard is a separate offense. If within thirty
days after notice to equip a diversion device the owner fails
to do so, the director may take possession of the diversion
device and close the device until it is properly equipped.
Expenses incurred by the department constitute the value of
a lien upon the diversion device and upon the real and
personal property of the owner. Notice of the lien shall be
filed and recorded in the office of the county auditor of the
county in which the action is taken. [1998 c 190 § 85; 1983
1st ex.s. c 46 § 70; 1955 c 12 § 75.20.040. Prior: 1949 c
112 § 45; Rem. Supp. 1949 § 5780-319. Formerly RCW
75.20.040.]
77.55.050 Review of permit applications to divert or
store water—Water flow policy. It is the policy of this
state that a flow of water sufficient to support game fish and
[Title 77 RCW—page 59]
77.55.050
Title 77 RCW: Fish and Wildlife
food fish populations be maintained at all times in the
streams of this state.
The director of ecology shall give the director notice of
each application for a permit to divert or store water. The
director has thirty days after receiving the notice to state his
or her objections to the application. The permit shall not be
issued until the thirty-day period has elapsed.
The director of ecology may refuse to issue a permit if,
in the opinion of the director, issuing the permit might result
in lowering the flow of water in a stream below the flow
necessary to adequately support food fish and game fish
populations in the stream.
The provisions of this section shall in no way affect
existing water rights. [1993 sp.s. c 2 § 29; 1988 c 36 § 32;
1986 c 173 § 7; 1983 1st ex.s. c 46 § 71; 1955 c 12 §
75.20.050. Prior: 1949 c 112 § 46; Rem. Supp. 1949 §
5780-320. Formerly RCW 75.20.050.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.55.060 Fishways required in dams, obstructions—Penalties, remedies for failure. A dam or other
obstruction across or in a stream shall be provided with a
durable and efficient fishway approved by the director.
Plans and specifications shall be provided to the department
prior to the director’s approval. The fishway shall be
maintained in an effective condition and continuously
supplied with sufficient water to freely pass fish.
If a person fails to construct and maintain a fishway or
to remove the dam or obstruction in a manner satisfactory to
the director, then within thirty days after written notice to
comply has been served upon the owner, his agent, or the
person in charge, the director may construct a fishway or
remove the dam or obstruction. Expenses incurred by the
department constitute the value of a lien upon the dam and
upon the personal property of the person owning the dam.
Notice of the lien shall be filed and recorded in the office of
the county auditor of the county in which the dam or
obstruction is situated. The lien may be foreclosed in an
action brought in the name of the state.
If, within thirty days after notice to construct a fishway
or remove a dam or obstruction, the owner, his agent, or the
person in charge fails to do so, the dam or obstruction is a
public nuisance and the director may take possession of the
dam or obstruction and destroy it. No liability shall attach
for the destruction. [1998 c 190 § 86; 1983 1st ex.s. c 46 §
72; 1955 c 12 § 75.20.060. Prior: 1949 c 112 § 47; Rem.
Supp. 1949 § 5780-321. Formerly RCW 75.20.060.]
77.55.070 Director may modify inadequate fishways
and fish guards. If the director determines that a fishway
or fish guard described in RCW 77.55.040 and 77.55.060
and in existence on September 1, 1963, is inadequate, in
addition to other authority granted in this chapter, the
director may remove, relocate, reconstruct, or modify the
device, without cost to the owner. The director shall not
materially modify the amount of flow of water through the
device. After the department has completed the improvements, the fishways and fish guards shall be operated and
maintained at the expense of the owner in accordance with
[Title 77 RCW—page 60]
RCW 77.55.040 and 77.55.060. [2000 c 107 § 14; 1983 1st
ex.s. c 46 § 73; 1963 c 153 § 1. Formerly RCW 75.20.061.]
Director of fish and wildlife may modify, etc., inadequate fishways and
protective devices: RCW 77.55.310.
77.55.080 If fishway is impractical, fish hatchery or
cultural facility may be provided in lieu. Before a person
commences construction on a dam or other hydraulic project
for which the director determines that a fishway is impractical, the person shall at the option of the director:
(1) Convey to the state a fish cultural facility on a site
satisfactory to the director and constructed according to plans
and specifications approved by the director, and enter into an
agreement with the director secured by sufficient bond, to
furnish water and electricity, without expense, and funds
necessary to operate and maintain the facilities; or
(2) Enter into an agreement with the director secured by
sufficient bond to make payments to the state as the director
determines are necessary to expand, maintain, and operate
additional facilities at existing hatcheries within a reasonable
distance of the dam or other hydraulic work to compensate
for the damages caused by the dam or other hydraulic work.
(3) A decision of the director under this section is
subject to review in the superior court of the state for
Thurston county. Each day that a person carries on construction work or operates a dam or hydraulic project
without complying with this section is a separate offense.
[1983 1st ex.s. c 46 § 74; 1955 c 12 § 75.20.090. Prior:
1949 c 112 § 48; Rem. Supp. 1949 § 5780-322. Formerly
RCW 75.20.090.]
77.55.090 Mitigation plan review. When reviewing
a mitigation plan under RCW 77.55.100 or 77.55.110, the
department shall, at the request of the project proponent,
follow the guidance contained in RCW 90.74.005 through
90.74.030. [2000 c 107 § 15; 1997 c 424 § 6. Formerly
RCW 75.20.098.]
77.55.100 Hydraulic projects or other work—Plans
and specifications—Permits—Approval—Emergencies.
(1) In the event that any person or government agency
desires to construct any form of hydraulic project or perform
other work that will use, divert, obstruct, or change the
natural flow or bed of any of the salt or fresh waters of the
state, such person or government agency shall, before
commencing construction or work thereon and to ensure the
proper protection of fish life, secure the approval of the
department as to the adequacy of the means proposed for the
protection of fish life. This approval shall not be unreasonably withheld or unreasonably conditioned.
(2)(a) The department shall grant or deny approval of a
standard permit within forty-five calendar days of the receipt
of a complete application and notice of compliance with any
applicable requirements of the state environmental policy act,
made in the manner prescribed in this section. The permit
must contain provisions allowing for minor modifications to
the plans and specifications without requiring reissuance of
the permit.
(b) The applicant may document receipt of application
by filing in person or by registered mail. A complete
application for approval shall contain general plans for the
(2002 Ed.)
Construction Projects in State Waters
overall project, complete plans and specifications of the
proposed construction or work within the mean higher high
water line in salt water or within the ordinary high water line
in fresh water, and complete plans and specifications for the
proper protection of fish life.
(c) The forty-five day requirement shall be suspended if:
(i) After ten working days of receipt of the application,
the applicant remains unavailable or unable to arrange for a
timely field evaluation of the proposed project;
(ii) The site is physically inaccessible for inspection; or
(iii) The applicant requests delay. Immediately upon
determination that the forty-five day period is suspended, the
department shall notify the applicant in writing of the
reasons for the delay.
(d) For purposes of this section, "standard permit"
means a written permit issued by the department when the
conditions under subsections (3) and (5)(b) of this section
are not met.
(3)(a) The department may issue an expedited written
permit in those instances where normal permit processing
would result in significant hardship for the applicant or
unacceptable damage to the environment. In cases of
imminent danger, the department shall issue an expedited
written permit, upon request, for work to repair existing
structures, move obstructions, restore banks, protect property,
or protect fish resources. Expedited permit requests require
a complete written application as provided in subsection
(2)(b) of this section and shall be issued within fifteen
calendar days of the receipt of a complete written application. Approval of an expedited permit is valid for up to
sixty days from the date of issuance.
(b) For the purposes of this subsection, "imminent
danger" means a threat by weather, water flow, or other
natural conditions that is likely to occur within sixty days of
a request for a permit application.
(c) The department may not require the provisions of
the state environmental policy act, chapter 43.21C RCW, to
be met as a condition of issuing a permit under this subsection.
(d) The department or the county legislative authority
may determine if an imminent danger exists. The county
legislative authority shall notify the department, in writing,
if it determines that an imminent danger exists.
(4) Approval of a standard permit is valid for a period
of up to five years from date of issuance. The permittee
must demonstrate substantial progress on construction of that
portion of the project relating to the approval within two
years of the date of issuance. If the department denies
approval, the department shall provide the applicant, in
writing, a statement of the specific reasons why and how the
proposed project would adversely affect fish life. Protection
of fish life shall be the only ground upon which approval
may be denied or conditioned. Chapter 34.05 RCW applies
to any denial of project approval, conditional approval, or
requirements for project modification upon which approval
may be contingent.
(5)(a) In case of an emergency arising from weather or
stream flow conditions or other natural conditions, the
department, through its authorized representatives, shall issue
immediately, upon request, oral approval for removing any
obstructions, repairing existing structures, restoring stream
banks, or to protect property threatened by the stream or a
(2002 Ed.)
77.55.100
change in the stream flow without the necessity of obtaining
a written approval prior to commencing work. Conditions
of an oral approval to protect fish life shall be established by
the department and reduced to writing within thirty days and
complied with as provided for in this section. Oral approval
shall be granted immediately, upon request, for a stream
crossing during an emergency situation.
(b) For purposes of this section and RCW 77.55.110,
"emergency" means an immediate threat to life, the public,
property, or of environmental degradation.
(c) The department or the county legislative authority
may declare and continue an emergency when one or more
of the criteria under (b) of this subsection are met. The
county legislative authority shall immediately notify the
department if it declares an emergency under this subsection.
(6) The department shall, at the request of a county,
develop five-year maintenance approval agreements, consistent with comprehensive flood control management plans
adopted under the authority of RCW 86.12.200, or other
watershed plan approved by a county legislative authority, to
allow for work on public and private property for bank
stabilization, bridge repair, removal of sand bars and debris,
channel maintenance, and other flood damage repair and
reduction activity under agreed-upon conditions and times
without obtaining permits for specific projects.
(7) This section shall not apply to the construction of
any form of hydraulic project or other work which diverts
water for agricultural irrigation or stock watering purposes
authorized under or recognized as being valid by the state’s
water codes, or when such hydraulic project or other work
is associated with streambank stabilization to protect farm
and agricultural land as defined in RCW 84.34.020. These
irrigation or stock watering diversion and streambank
stabilization projects shall be governed by RCW 77.55.110.
A landscape management plan approved by the department and the department of natural resources under RCW
76.09.350(2), shall serve as a hydraulic project approval for
the life of the plan if fish are selected as one of the public
resources for coverage under such a plan.
(8) For the purposes of this section and RCW 77.55.110,
"bed" means the land below the ordinary high water lines of
state waters. This definition does not include irrigation
ditches, canals, storm water run-off devices, or other
artificial watercourses except where they exist in a natural
watercourse that has been altered by man.
(9) The phrase "to construct any form of hydraulic
project or perform other work" does not include the act of
driving across an established ford. Driving across streams
or on wetted stream beds at areas other than established
fords requires approval. Work within the ordinary high
water line of state waters to construct or repair a ford or
crossing requires approval. [2002 c 368 § 2; 2000 c 107 §
16; 1998 c 190 § 87. Prior: 1997 c 385 § 1; 1997 c 290 §
4; 1993 sp.s. c 2 § 30; 1991 c 322 § 30; 1988 c 272 § 1;
1988 c 36 § 33; 1986 c 173 § 1; 1983 1st ex.s. c 46 § 75;
1975 1st ex.s. c 29 § 1; 1967 c 48 § 1; 1955 c 12 §
75.20.100; prior: 1949 c 112 § 49; Rem. Supp. 1949 §
5780-323. Formerly RCW 75.20.100.]
Finding—Intent—2002 c 368: "The legislature finds that hydraulic
project approvals should ensure that fish life is properly protected, but
conditions attached to the approval of these permits must reasonably relate
to the potential harm that the projects may produce. The legislature is
[Title 77 RCW—page 61]
77.55.100
Title 77 RCW: Fish and Wildlife
particularly concerned over the current overlap of agency jurisdiction
regarding storm water projects, and believes that there is an immediate need
to address this issue to ensure that project applicants are not given
conflicting directions over project design. Requiring a major redesign of a
project results in major delays, produces exponentially rising costs for both
public and private project applicants, and frequently produces only marginal
benefits for fish.
The legislature recognizes that the department of ecology is primarily
responsible for the approval of storm water projects. The legislature
believes that once the department of ecology approves a proposed storm
water project, it is inappropriate for the department of fish and wildlife to
require a major redesign of that project in order for the applicant to obtain
hydraulic project approval. The legislature further believes that it is more
appropriate for the department of fish and wildlife to defer the design
elements of a storm water project to the department of ecology and focus
its own efforts on determining reasonable mitigation or conditions for the
project based upon the project’s potential harm to fish. It is the intent of
the legislature to restore some balance over conditions attached to hydraulic
permits, and to minimize overlapping state regulatory authority regarding
storm water projects in order to reduce waste in both time and money while
still providing ample protection for fish life." [2002 c 368 § 1.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Severability—1988 c 279: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 272 § 6.]
77.55.110 Hydraulic projects for irrigation, stock
watering, or streambank stabilization—Plans and specifications—Approval—Emergencies. In the event that any
person or government agency desires to construct any form
of hydraulic project or other work that diverts water for
agricultural irrigation or stock watering purposes, or when
such hydraulic project or other work is associated with
streambank stabilization to protect farm and agricultural land
as defined in RCW 84.34.020, and when such diversion or
streambank stabilization will use, divert, obstruct, or change
the natural flow or bed of any river or stream or will utilize
any waters of the state or materials from the stream beds, the
person or government agency shall, before commencing
construction or work thereon and to ensure the proper
protection of fish life, secure a written approval from the
department as to the adequacy of the means proposed for the
protection of fish life. This approval shall not be unreasonably withheld or unreasonably conditioned. The department
shall grant or deny the approval within forty-five calendar
days of the receipt of a complete application and notice of
compliance with any applicable requirements of the state
environmental policy act, made in the manner prescribed in
this section. The permit must contain provisions allowing
for minor modifications to the plans and specifications without requiring reissuance of the permit. The applicant may
document receipt of application by filing in person or by
registered mail. A complete application for an approval
shall contain general plans for the overall project, complete
plans and specifications of the proposed construction or work
within ordinary high water line, and complete plans and
specifications for the proper protection of fish life. The
forty-five day requirement shall be suspended if (1) after ten
working days of receipt of the application, the applicant
remains unavailable or unable to arrange for a timely field
evaluation of the proposed project; (2) the site is physically
inaccessible for inspection; or (3) the applicant requests
delay.
Immediately upon determination that the forty-five day
period is suspended, the department shall notify the applicant
in writing of the reasons for the delay.
An approval shall remain in effect without need for
periodic renewal for projects that divert water for agricultural
irrigation or stock watering purposes and that involve
seasonal construction or other work. Approval for
streambank stabilization projects shall remain in effect
without need for periodic renewal if the problem causing the
need for the streambank stabilization occurs on an annual or
more frequent basis. The permittee must notify the appropriate agency before commencing the construction or other
work within the area covered by the approval.
The permittee must demonstrate substantial progress on
construction of that portion of the project relating to the
approval within two years of the date of issuance. If the
department denies approval, the department shall provide the
applicant, in writing, a statement of the specific reasons why
and how the proposed project would adversely affect fish
life. Protection of fish life shall be the only ground upon
which approval may be denied or conditioned. Issuance,
denial, conditioning, or modification shall be appealable to
the hydraulic appeals board established in RCW 43.21B.005
within thirty days of the notice of decision. The burden
shall be upon the department to show that the denial or
conditioning of an approval is solely aimed at the protection
of fish life.
The department may, after consultation with the permittee, modify an approval due to changed conditions. The
modifications shall become effective unless appealed to the
hydraulic appeals board within thirty days from the notice of
the proposed modification. The burden is on the department
to show that changed conditions warrant the modification in
order to protect fish life.
A permittee may request modification of an approval
due to changed conditions. The request shall be processed
within forty-five calendar days of receipt of the written
request. A decision by the department may be appealed to
the hydraulic appeals board within thirty days of the notice
of the decision. The burden is on the permittee to show that
changed conditions warrant the requested modification and
that such modification will not impair fish life.
In case of an emergency arising from weather or stream
flow conditions or other natural conditions, the department,
through its authorized representatives, shall issue immediately upon request oral approval for removing any obstructions,
repairing existing structures, restoring stream banks, or to
protect property threatened by the stream or a change in the
stream flow without the necessity of obtaining a written
approval prior to commencing work. Conditions of an oral
approval shall be reduced to writing within thirty days and
complied with as provided for in this section.
For purposes of this chapter, "streambank stabilization"
shall include but not be limited to log and debris removal,
bank protection (including riprap, jetties, and groins), gravel
removal and erosion control. [2002 c 368 § 3; 1998 c 190
§ 88; 1993 sp.s. c 2 § 32; 1991 c 322 § 31; 1988 c 272 § 2;
1988 c 36 § 34; 1986 c 173 § 2. Formerly RCW
75.20.103.]
Finding—Intent—2002 c 368: See note following RCW 77.55.100.
[Title 77 RCW—page 62]
(2002 Ed.)
Construction Projects in State Waters
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Severability—1988 c 272: See note following RCW 77.55.100.
77.55.120 Placement of woody debris as condition
of permit. Whenever the placement of woody debris is
required as a condition of a hydraulic permit approval issued
pursuant to RCW 77.55.100 or 77.55.110, the department,
upon request, shall invite comment regarding that placement
from the local governmental authority, affected tribes,
affected federal and state agencies, and the project applicant.
[2000 c 107 § 17; 1993 sp.s. c 2 § 33; 1991 c 322 § 18.
Formerly RCW 75.20.104.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
77.55.130 Dike vegetation management guidelines—
Memorandum of agreement. The department and the
department of ecology will work cooperatively with the
United States army corps of engineers to develop a memorandum of agreement outlining dike vegetation management
guidelines so that dike owners are eligible for coverage
under P.L. 84-99, and state requirements established pursuant
to RCW 77.55.100 and 77.55.110 are met. [2000 c 107 §
18; 1993 sp.s. c 2 § 34; 1991 c 322 § 19. Formerly RCW
75.20.1041.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
77.55.140 Hydraulic projects—Civil penalty. The
department may levy civil penalties of up to one hundred
dollars per day for violation of any provisions of RCW
77.55.100 or 77.55.110. The penalty provided shall be
imposed by notice in writing, either by certified mail or
personal service to the person incurring the penalty, from the
director or the director’s designee describing the violation.
Any person incurring any penalty under this chapter may
appeal the same under chapter 34.05 RCW to the director.
Appeals shall be filed within thirty days of receipt of notice
imposing any penalty. The penalty imposed shall become
due and payable thirty days after receipt of a notice imposing the penalty unless an appeal is filed. Whenever an
appeal of any penalty incurred under this chapter is filed, the
penalty shall become due and payable only upon completion
of all review proceedings and the issuance of a final order
confirming the penalty in whole or in part.
If the amount of any penalty is not paid within thirty
days after it becomes due and payable the attorney general,
upon the request of the director shall bring an action in the
name of the state of Washington in the superior court of
Thurston county or of any county in which such violator
may do business, to recover such penalty. In all such
actions the procedure and rules of evidence shall be the same
as an ordinary civil action. All penalties recovered under
this section shall be paid into the state’s general fund. [2000
(2002 Ed.)
77.55.110
c 107 § 19; 1993 sp.s. c 2 § 35; 1988 c 36 § 35; 1986 c 173
§ 6. Formerly RCW 75.20.106.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.55.150 Hydraulic projects for removal or control
of spartina, purple loosestrife, and aquatic noxious
weeds—Approval may not be required—Rules—
Definitions. (1) An activity conducted solely for the
removal or control of spartina shall not require hydraulic
project approval.
(2) An activity conducted solely for the removal or
control of purple loosestrife and which is performed with
hand-held tools, hand-held equipment, or equipment carried
by a person when used shall not require hydraulic project approval.
(3) By June 30, 1997, the department of fish and
wildlife shall develop rules for projects conducted solely for
the removal or control of various aquatic noxious weeds
other than spartina and purple loosestrife and for activities or
projects for controlling purple loosestrife not covered by
subsection (2) of this section, which projects will use, divert,
obstruct, or change the natural flow or bed of any of the salt
or fresh waters of the state. Following the adoption of the
rules, the department shall produce and distribute a pamphlet
describing the methods of removing or controlling the
aquatic noxious weeds that are approved under the rules.
The pamphlet serves as the hydraulic project approval for
any project that is conducted solely for the removal or
control of such aquatic noxious weeds and that is conducted
as described in the pamphlet; no further hydraulic project
approval is required for such a project.
From time to time as information becomes available, the
department shall adopt similar rules for additional aquatic
noxious weeds or additional activities for removing or
controlling aquatic noxious weeds not governed by subsection (1) or (2) of this section and shall produce and distribute
one or more pamphlets describing these methods of removal
or control. Such a pamphlet serves as the hydraulic project
approval for any project that is conducted solely for the
removal or control of such aquatic noxious weeds and that
is conducted as described in the pamphlet; no further
hydraulic project approval is required for such a project.
(4) As used in this section, "spartina," "purple
loosestrife," and "aquatic noxious weeds" have the meanings
prescribed by RCW 17.26.020.
(5) Nothing in this section shall prohibit the department
of fish and wildlife from requiring a hydraulic project
approval for those parts of hydraulic projects that are not
specifically for the control or removal of spartina, purple
loosestrife, or other aquatic noxious weeds. [1995 c 255 §
4. Formerly RCW 75.20.108.]
Severability—Effective date—1995 c 255: See RCW 17.26.900 and
17.26.901.
77.55.160 Columbia river anadromous fish sanctuary—Restrictions. (1) Except for the north fork of the
Lewis river and the White Salmon river, all streams and
rivers tributary to the Columbia river downstream from
McNary dam are established as an anadromous fish sanctu[Title 77 RCW—page 63]
77.55.160
Title 77 RCW: Fish and Wildlife
ary. This sanctuary is created to preserve and develop the
food fish and game fish resources in these streams and rivers
and to protect them against undue industrial encroachment.
(2) Within the sanctuary area:
(a) The department shall not issue hydraulic project
approval to construct a dam greater than twenty-five feet
high within the migration range of anadromous fish as
determined by the department.
(b) A person shall not divert water from rivers and
streams in quantities that will reduce the respective stream
flow below the annual average low flow, based upon data
published in United States geological survey reports.
(3) The commission may acquire and abate a dam or
other obstruction, or acquire any water right vested on a
sanctuary stream or river, which is in conflict with the
provisions of subsection (2) of this section.
(4) Subsection (2)(a) of this section does not apply to
the sediment retention structure to be built on the North Fork
Toutle river by the United States army corps of engineers.
[1998 c 190 § 89; 1995 1st sp.s. c 2 § 27 (Referendum Bill
No. 45, approved November 7, 1995); 1993 sp.s. c 2 § 36;
1988 c 36 § 36; 1985 c 307 § 5; 1983 1st ex.s. c 46 § 76;
1961 c 4 § 1; Initiative Measure No. 25, approved November
8, 1960. Formerly RCW 75.20.110.]
Under the authority granted in RCW 77.55.110 for the
diversion of water for agricultural irrigation or stock watering purposes or when associated with streambank stabilization to protect farm and agricultural land as defined in RCW
84.34.020; or (b) under the authority granted in RCW
77.55.230 for off-site mitigation proposals.
(6)(a) Any person aggrieved by the approval, denial,
conditioning, or modification of a hydraulic approval
pursuant to RCW 77.55.110 may seek review from the board
by filing a request for the same within thirty days of notice
of the approval, denial, conditioning, or modification of such
approval.
(b) The review proceedings authorized in (a) of this
subsection are subject to the provisions of chapter 34.05
RCW pertaining to procedures in adjudicative proceedings.
[2000 c 107 § 20; 1996 c 276 § 2; 1993 sp.s. c 2 § 37; 1989
c 175 § 160; 1988 c 272 § 3; 1988 c 36 § 37; 1986 c 173 §
4. Formerly RCW 75.20.130.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Severability—1961 c 4: "If any section or provision or part thereof
of this act shall be held unconstitutional or for any other reason invalid, the
invalidity of such section, provision or part thereof shall not affect the
validity of the remaining sections, provisions or parts thereof which are not
judged to be invalid or unconstitutional." [1961 c 4 § 3 (Initiative Measure
No. 25, approved November 8, 1960).]
77.55.180 Hydraulic appeals board—Procedures.
(1) In all appeals, the hydraulic appeals board shall have all
powers relating to administration of oaths, issuance of
subpoenas, and taking of depositions, but such powers shall
be exercised in conformity with chapter 34.05 RCW.
(2) In all appeals, the hydraulic appeals board, and each
member thereof, shall be subject to all duties imposed upon
and shall have all powers granted to, an agency by those
provisions of chapter 34.05 RCW relating to adjudicative
proceedings.
(3) All proceedings before the hydraulic appeals board
or any of its members shall be conducted in accordance with
such rules of practice and procedure as the board may
prescribe. Such rules shall be published and distributed.
(4) Judicial review of a decision of the hydraulic
appeals board may be obtained only pursuant to RCW
34.05.510 through 34.05.598. [1995 c 382 § 7; 1989 c 175
§ 161; 1986 c 173 § 5. Formerly RCW 75.20.140.]
77.55.170 Hydraulic appeals board—Members—
Jurisdiction—Procedures. (1) There is hereby created
within the environmental hearings office under RCW
43.21B.005 the hydraulic appeals board of the state of
Washington.
(2) The hydraulic appeals board shall consist of three
members: The director of the department of ecology or the
director’s designee, the director of the department of
agriculture or the director’s designee, and the director or the
director’s designee of the department whose action is
appealed under subsection (6) of this section. A decision
must be agreed to by at least two members of the board to
be final.
(3) The board may adopt rules necessary for the conduct
of its powers and duties or for transacting other official
business.
(4) The board shall make findings of fact and prepare a
written decision in each case decided by it, and that finding
and decision shall be effective upon being signed by two or
more board members and upon being filed at the hydraulic
appeals board’s principal office, and shall be open to public
inspection at all reasonable times.
(5) The board has exclusive jurisdiction to hear appeals
arising from the approval, denial, conditioning, or modification of a hydraulic approval issued by the department: (a)
[Title 77 RCW—page 64]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1988 c 272: See note following RCW 77.55.100.
Effective date—1989 c 175: See note following RCW 34.05.010.
77.55.190 Processing of permits or authorizations
for emergency water withdrawal and facilities to be
expedited. All state and local agencies with authority under
this chapter to issue permits or other authorizations in
connection with emergency water withdrawals and facilities
authorized under RCW 43.83B.410 shall expedite the processing of such permits or authorizations in keeping with the
emergency nature of such requests and shall provide a
decision to the applicant within fifteen calendar days of the
date of application. [1989 c 171 § 8; 1987 c 343 § 6.
Formerly RCW 75.20.150.]
Severability—1989 c 171: See note following RCW 43.83B.400.
Severability—1987 c 343: See note following RCW 43.83B.300.
77.55.200 Marine beach front protective bulkheads
or rockwalls. (1) In order to protect the property of marine
waterfront shoreline owners it is necessary to facilitate
(2002 Ed.)
Construction Projects in State Waters
issuance of hydraulic permits for bulkheads or rockwalls
under certain conditions.
(2) The department shall issue a hydraulic permit with
or without conditions within forty-five days of receipt of a
complete and accurate application which authorizes commencement of construction, replacement, or repair of a
marine beach front protective bulkhead or rockwall for
single-family type residences or property under the following
conditions:
(a) The waterward face of a new bulkhead or rockwall
shall be located only as far waterward as is necessary to
excavate for footings or place base rock for the structure and
under no conditions shall be located more than six feet
waterward of the ordinary high water line;
(b) Any bulkhead or rockwall to replace or repair an
existing bulkhead or rockwall shall be placed along the same
alignment as the bulkhead or rockwall it is replacing;
however, the replaced or repaired bulkhead or rockwall may
be placed waterward of and directly abutting the existing
structure only in cases where removal of the existing
bulkhead or rockwall would result in environmental degradation or removal problems related to geological, engineering,
or safety considerations;
(c) Construction of a new bulkhead or rockwall, or
replacement or repair of an existing bulkhead or rockwall
waterward of the existing structure shall not result in the
permanent loss of critical food fish or shellfish habitats; and
(d) Timing constraints shall be applied on a case-bycase basis for the protection of critical habitats, including but
not limited to migration corridors, rearing and feeding areas,
and spawning habitats, for the proper protection of fish life.
(3) Any bulkhead or rockwall construction, replacement,
or repair not meeting the conditions in this section shall be
processed under this chapter in the same manner as any
other application.
(4) Any person aggrieved by the approval, denial,
conditioning, or modification of a hydraulic permit approval
under this section may formally appeal the decision to the
hydraulic appeals board pursuant to this chapter. [1991 c
279 § 1. Formerly RCW 75.20.160.]
77.55.210 Watershed restoration projects—
Hydraulic project approval—Permit processing. A
hydraulic project approval required by the department for a
watershed restoration project as defined in RCW 89.08.460
shall be processed in compliance with RCW 89.08.450
through 89.08.510. [1995 c 378 § 14. Formerly RCW
75.20.170.]
77.55.220 Definitions—Hydraulic project approval—Regular maintenance—Notice required. (1) The
definitions in this subsection apply throughout this section
unless the context clearly requires otherwise.
(a) "Marina" means a public or private facility providing
boat moorage space, fuel, or commercial services. Commercial services include but are not limited to overnight or liveaboard boating accommodations.
(b) "Marine terminal" means a public or private commercial wharf located in the navigable water of the state and
used, or intended to be used, as a port or facility for the
(2002 Ed.)
77.55.200
storing, handling, transferring, or transporting of goods to
and from vessels.
(2) For a marina or marine terminal in existence on June
6, 1996, or a marina or marine terminal that has received a
hydraulic project approval for its initial construction, a
renewable, five-year hydraulic project approval shall be
issued, upon request, for regular maintenance activities of the
marina or marine terminal.
(3) Upon construction of a new marina or marine
terminal that has received hydraulic project approval, a
renewable, five-year hydraulic project approval shall be issued, upon request, for regular maintenance activities of the
marina or marine terminal.
(4) For the purposes of this section, regular maintenance
activities are only those activities necessary to restore the
marina or marine terminal to the conditions approved in the
initial hydraulic project approval. These activities may
include, but are not limited to, dredging, piling replacement,
and float replacement.
(5) The five-year permit must include a requirement that
a fourteen-day notice be given to the department before
regular maintenance activities begin. [2002 c 368 § 7; 1996
c 192 § 2. Formerly RCW 75.20.180.]
Finding—Intent—2002 c 368: See note following RCW 77.55.100.
Finding—Intent—1996 c 192: "The legislature finds that initial
construction of a marina and some maintenance activities change the natural
flow or bed of the salt or fresh water body in which the marina is constructed. Because of this disturbance, it is appropriate that plans for initial
marina construction as well as some maintenance activities undergo the
hydraulic project review and approval process established in chapter 75.20
RCW.
It is the intent of the legislature that after a marina has received a
hydraulic project approval and been constructed, a renewable, five-year
hydraulic project approval be issued, upon request, for regular maintenance
activities within the marina." [1996 c 192 § 1.]
77.55.230 Hydraulic projects—Off-site mitigation.
The legislature finds that the construction of hydraulic
projects may require mitigation for the protection of fish life,
and that the mitigation may be most cost-effective and
provide the most benefit to the fish resource if the mitigation
is allowed to be applied in locations that are off-site of the
hydraulic project location. The department may approve offsite mitigation plans that are submitted by hydraulic project
applicants.
If a hydraulic project permit applicant proposes off-site
mitigation and the department does not approve the hydraulic
permit or conditions the permit approval in such a manner as
to render off-site mitigation unpracticable, the hydraulic
project proponent must be given the opportunity to submit
the hydraulic project application to the hydraulic appeals
board for approval. [1996 c 276 § 1. Formerly RCW
75.20.190.]
77.55.240 Operation and maintenance of fish
collection facility on Toutle river. The legislature recognizes the need to mitigate the effects of sedimentary build-up
and resultant damage to fish population in the Toutle river
resulting from the Mt. St. Helens eruption. The state has
entered into a contractual agreement with the United States
army corps of engineers designed to minimize fish habitat
disruption created by the sediment retention structure on the
Toutle river, under which the corps has agreed to construct
[Title 77 RCW—page 65]
77.55.240
Title 77 RCW: Fish and Wildlife
a fish collection facility at the sediment retention structure
site conditional upon the state assuming the maintenance and
operation costs of the facility. The department shall operate
and maintain a fish collection facility on the Toutle river.
[1993 sp.s. c 2 § 39; 1988 c 36 § 39; 1987 c 506 § 101.
Formerly RCW 75.20.310.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
77.55.250 Wetlands filled under *RCW 75.20.300—
Mitigation not required. The department may not require
mitigation for adverse impacts on fish life or habitat that
occurred at the time a wetland was filled, if the wetland was
filled under the provisions of *RCW 75.20.300. [2000 c 107
§ 21; 1995 c 328 § 1. Formerly RCW 75.20.320.]
*Reviser’s note: RCW 75.20.300 expired June 30, 1995.
77.55.260 Sediment dredging or capping actions—
Dredging of existing channels and berthing areas—
Mitigation not required. The department shall not require
mitigation for sediment dredging or capping actions that
result in a cleaner aquatic environment and equal or better
habitat functions and values, if the actions are taken under
a state or federal cleanup action.
This chapter shall not be construed to require habitat
mitigation for navigation and maintenance dredging of
existing channels and berthing areas. [1997 c 424 § 5.
Formerly RCW 75.20.325.]
77.55.270 Small scale prospecting and mining—
Rules. (1) Small scale prospecting and mining shall not
require written approval under this chapter if the prospecting
is conducted in accordance with provisions established by
the department.
(2) By December 31, 1998, the department shall adopt
rules applicable to small scale prospecting and mining
activities subject to this section. The department shall
develop the rules in cooperation with the recreational mining
community and other interested parties.
(3) Within two months of adoption of the rules, the
department shall distribute an updated gold and fish pamphlet that describes methods of mineral prospecting that are
consistent with the department’s rule. The pamphlet shall be
written to clearly indicate the prospecting methods that
require written approval under this chapter and the prospecting methods that require compliance with the pamphlet. To
the extent possible, the department shall use the provisions
of the gold and fish pamphlet to minimize the number of
specific provisions of a written approval issued under this
chapter.
(4) For the purposes of this chapter, "small scale
prospecting and mining" means only the use of the following
methods: Pans, nonmotorized sluice boxes, concentrators,
and minirocker boxes for the discovery and recovery of minerals. [1997 c 415 § 2. Formerly RCW 75.20.330.]
Findings—1997 c 415: "The legislature finds that small scale
prospecting and mining: (1) Is an important part of the heritage of the state;
(2) provides economic benefits to the state; and (3) can be conducted in a
manner that is beneficial to fish habitat and fish propagation. Now,
[Title 77 RCW—page 66]
therefore, the legislature declares that small scale prospecting and mining
shall be regulated in the least burdensome manner that is consistent with the
state’s fish management objectives and the federal endangered species act."
[1997 c 415 § 1.]
77.55.280 Hydraulic project approval—Habitat
incentives agreement. When a private landowner is
applying for hydraulic project approval under this chapter
and that landowner has entered into a habitat incentives
agreement with the department and the department of natural
resources as provided in RCW 77.55.300, the department
shall comply with the terms of that agreement when evaluating the request for hydraulic project approval. [2001 c 253
§ 54; 1997 c 425 § 4. Formerly RCW 75.20.340.]
Finding—Intent—1997 c 425: See note following RCW 77.55.300.
77.55.290 Fish habitat enhancement project—
Permit review and approval process. (1) In order to
receive the permit review and approval process created in
this section, a fish habitat enhancement project must meet
the criteria under (a) and (b) of this subsection:
(a) A fish habitat enhancement project must be a project
to accomplish one or more of the following tasks:
(i) Elimination of human-made fish passage barriers,
including culvert repair and replacement;
(ii) Restoration of an eroded or unstable stream bank
employing the principle of bioengineering, including limited
use of rock as a stabilization only at the toe of the bank, and
with primary emphasis on using native vegetation to control
the erosive forces of flowing water; or
(iii) Placement of woody debris or other instream
structures that benefit naturally reproducing fish stocks.
The department shall develop size or scale threshold
tests to determine if projects accomplishing any of these
tasks should be evaluated under the process created in this
section or under other project review and approval processes.
A project proposal shall not be reviewed under the process
created in this section if the department determines that the
scale of the project raises concerns regarding public health
and safety; and
(b) A fish habitat enhancement project must be approved in one of the following ways:
(i) By the department pursuant to chapter 77.95 or
77.100 RCW;
(ii) By the sponsor of a watershed restoration plan as
provided in chapter 89.08 RCW;
(iii) By the department as a department-sponsored fish
habitat enhancement or restoration project;
(iv) Through the review and approval process for the
jobs for the environment program;
(v) Through the review and approval process for
conservation district-sponsored projects, where the project
complies with design standards established by the conservation commission through interagency agreement with
the United States fish and wildlife service and the natural
resource conservation service;
(vi) Through a formal grant program established by the
legislature or the department for fish habitat enhancement or
restoration; and
(vii) Through other formal review and approval processes established by the legislature.
(2002 Ed.)
Construction Projects in State Waters
(2) Fish habitat enhancement projects meeting the
criteria of subsection (1) of this section are expected to result
in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria
of subsection (1) of this section and being reviewed and
approved according to the provisions of this section are not
subject to the requirements of RCW 43.21C.030(2)(c).
(3) Hydraulic project approval is required for projects
that meet the criteria of subsection (1) of this section and are
being reviewed and approved under this section. An
applicant shall use a joint aquatic resource permit application
form developed by the department of ecology *permit
assistance center to apply for approval under this chapter.
On the same day, the applicant shall provide copies of the
completed application form to the department and to each
appropriate local government. Local governments shall
accept the application as notice of the proposed project. The
department shall provide a fifteen-day comment period
during which it will receive comments regarding environmental impacts. In no more than forty-five days, the
department shall either issue hydraulic project approval, with
or without conditions, deny approval, or make a determination that the review and approval process created by this
section is not appropriate for the proposed project. The
department shall base this determination on identification
during the comment period of adverse impacts that cannot be
mitigated by hydraulic project approval. If the department
determines that the review and approval process created by
this section is not appropriate for the proposed project, the
department shall notify the applicant and the appropriate
local governments of its determination. The applicant may
reapply for approval of the project under other review and
approval processes.
Any person aggrieved by the approval, denial, conditioning, or modification of hydraulic project approval under this
section may formally appeal the decision to the hydraulic
appeals board pursuant to the provisions of this chapter.
(4) No local government may require permits or charge
fees for fish habitat enhancement projects that meet the
criteria of subsection (1) of this section and that are reviewed and approved according to the provisions of this
section. [2001 c 253 § 55; 1998 c 249 § 3. Formerly RCW
75.20.350.]
*Reviser’s note: The permit assistance center and its powers and
duties were terminated effective June 30, 1999, pursuant to 1995 c 347 §
617.
Findings—Purpose—1998 c 249: "The legislature finds that fish
habitat enhancement projects play a key role in the state’s salmon and
steelhead recovery efforts. The legislature finds that there are over two
thousand barriers to fish passage at road crossings throughout the state,
blocking fish access to as much as three thousand miles of freshwater
spawning and rearing habitat. The legislature further finds that removal of
these barriers and completion of other fish habitat enhancement projects
should be done in a cost-effective manner, which includes providing
technical assistance and training to people who will undertake projects such
as removal of barriers to salmon passage and minimizing the expense and
delays of various permitting processes. The purpose of this act is to take
immediate action to facilitate the review and approval of fish habitat
enhancement projects, to encourage efforts that will continue to improve the
process in the future, to address known fish passage barriers immediately,
and to develop over time a comprehensive system to inventory and prioritize
barriers on a statewide basis." [1998 c 249 § 1.]
Joint aquatic resource permit application form—Modification—
1998 c 249: "The department of ecology permit assistant [assistance] center
shall immediately modify the joint aquatic resource permit application form
(2002 Ed.)
77.55.290
to incorporate the permit process established in section 3 of this act." [1998
c 249 § 2.]
Finding—Report—1998 c 249: "The legislature finds that, while the
process created in this act can improve the speed with which fish habitat
enhancement projects are put into place, additional efforts can improve the
review and approval process for the future. The legislature directs the
department of fish and wildlife, the conservation commission, local
governments, fish habitat enhancement project applicants, and other
interested parties to work together to continue to improve the permitting
review and approval process. Specific efforts shall include the following:
(1) Development of common acceptable design standards, best
management practices, and standardized hydraulic project approval
conditions for each type of fish habitat enhancement project;
(2) An evaluation of the potential for using technical evaluation teams
in evaluating specific project proposals or stream reaches;
(3) An evaluation of techniques appropriate for restoration and
enhancement of pasture and crop land adjacent to riparian areas;
(4) A review of local government shoreline master plans to identify
and correct instances where the local plan does not acknowledge potentially
beneficial instream work;
(5) An evaluation of the potential for local governments to incorporate
fish habitat enhancement projects into their comprehensive planning process;
and
(6) Continued work with the federal government agencies on federal
permitting for fish habitat enhancement projects.
The department of fish and wildlife shall coordinate this joint effort
and shall report back to the legislature on the group’s progress by December
1, 1998." [1998 c 249 § 15.]
Effective date—1998 c 249: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 1, 1998]." [1998 c 249 § 18.]
77.55.300 Habitat incentives program—Goal—
Requirements of agreement—Application evaluation factors. (1) Beginning in January 1998, the department of fish
and wildlife and the department of natural resources shall
implement a habitat incentives program based on the
recommendations of federally recognized Indian tribes,
landowners, the regional fisheries enhancement groups, the
timber, fish, and wildlife cooperators, and other interested
parties. The program shall allow a private landowner to
enter into an agreement with the departments to enhance
habitat on the landowner’s property for food fish, game fish,
or other wildlife species. In exchange, the landowner shall
receive state regulatory certainty with regard to future
applications for hydraulic project approval or a forest
practices permit on the property covered by the agreement.
The overall goal of the program is to provide a mechanism
that facilitates habitat development on private property while
avoiding an adverse state regulatory impact to the landowner
at some future date. A single agreement between the
departments and a landowner may encompass up to one
thousand acres. A landowner may enter into multiple
agreements with the departments, provided that the total
acreage covered by such agreements with a single landowner
does not exceed ten thousand acres. The departments are
not obligated to enter into an agreement unless the departments find that the agreement is in the best interest of
protecting fish or wildlife species or their habitat.
(2) A habitat incentives agreement shall be in writing
and shall contain at least the following: A description of the
property covered by the agreement, an expiration date, a
description of the condition of the property prior to the
implementation of the agreement, and other information
needed by the landowner and the departments for future
reference and decisions.
[Title 77 RCW—page 67]
77.55.300
Title 77 RCW: Fish and Wildlife
(3) As part of the agreement, the department of fish and
wildlife may stipulate the factors that will be considered
when the department evaluates a landowner’s application for
hydraulic project approval under RCW 77.55.100 or
77.55.110 on property covered by the agreement. The
department’s identification of these evaluation factors shall
be in concurrence with the department of natural resources
and affected federally recognized Indian tribes. In general,
future decisions related to the issuance, conditioning, or
denial of hydraulic project approval shall be based on the
conditions present on the landowner’s property at the time of
the agreement, unless all parties agree otherwise.
(4) As part of the agreement, the department of natural
resources may stipulate the factors that will be considered
when the department evaluates a landowner’s application for
a forest practices permit under chapter 76.09 RCW on
property covered by the agreement. The department’s
identification of these evaluation factors shall be in concurrence with the department of fish and wildlife and affected
federally recognized Indian tribes. In general, future
decisions related to the issuance, conditioning, or denial of
forest practices permits shall be based on the conditions
present on the landowner’s property at the time of the agreement, unless all parties agree otherwise.
(5) The agreement is binding on and may be used by
only the landowner who entered into the agreement with the
department. The agreement shall not be appurtenant with the
land. However, if a new landowner chooses to maintain the
habitat enhancement efforts on the property, the new
landowner and the departments may jointly choose to retain
the agreement on the property.
(6) If the departments receive multiple requests for
agreements with private landowners under the habitat
incentives program, the departments shall prioritize these
requests and shall enter into as many agreements as possible
within available budgetary resources. [2000 c 107 § 229;
1997 c 425 § 3. Formerly RCW 77.12.830.]
Finding—Intent—1997 c 425: "In an effort to increase the amount
of habitat available for fish and wildlife, the legislature finds that it is
desirable for the department of fish and wildlife, the department of natural
resources, and other interested parties to work closely with private
landowners to achieve habitat enhancements. In some instances, private
landowners avoid enhancing habitat because of a concern that the presence
of fish or wildlife may make future land management more difficult. It is
the intent of this act to provide a mechanism that facilitates habitat
development while avoiding an adverse impact on the landowner at a later
date. The habitat incentives program is not intended to supercede any
federal laws." [1997 c 425 § 1.]
77.55.310 Director may modify inadequate fishways
and protective devices. The director may authorize
removal, relocation, reconstruction, or other modification of
an inadequate fishway or fish protective device required by
RCW 77.55.320 which device was in existence on September 1, 1963, without cost to the owner for materials and
labor. The modification may not materially alter the amount
of water flowing through the fishway or fish protective
device. Following modification, the fishway or fish protective device shall be maintained at the expense of the person
or governmental agency owning the obstruction or water
diversion device. [2001 c 253 § 21; 1980 c 78 § 90; 1963
c 152 § 1. Formerly RCW 77.12.425, 77.16.221.]
[Title 77 RCW—page 68]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Director of fish and wildlife may modify inadequate fishways and fish
guards: RCW 77.55.070.
77.55.320 Diversion of water—Screen, bypass
required. A person shall not divert water from a lake, river,
or stream containing game fish unless the water diversion
device is equipped at or near its intake with a fish guard or
screen to prevent the passage of game fish into the device
and, if necessary, with a means of returning game fish from
immediately in front of the fish guard or screen to the waters
of origin. A person who was, on June 11, 1947, otherwise
lawfully diverting water from a lake, river, or stream shall
not be deemed guilty of a violation of this section.
Plans for the fish guard, screen, and bypass shall be approved by the director prior to construction. The installation
shall be approved by the director prior to the diversion of
water.
The director may close a water diversion device
operated in violation of this section and keep it closed until
it is properly equipped with a fish guard, screen, or bypass.
[2001 c 253 § 48; 1998 c 190 § 122; 1980 c 78 § 89; 1955
c 36 § 77.16.220. Prior: 1947 c 275 § 61; Rem. Supp.
1947 § 5992-70. Formerly RCW 77.16.220.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.55.330 Derelict fishing gear—Removal. The
removal of derelict fishing gear does not require written
approval under this chapter if the gear is removed according
to the guidelines described in RCW 77.12.865. [2002 c 20
§ 4.]
Finding—Purpose—2002 c 20: See note following RCW 77.12.865.
77.55.340 Hydraulic project approvals—Storm
water discharges. (1) Notwithstanding any other provision
of this chapter, all hydraulic project approvals related to
storm water discharges must follow the provisions established in this section.
(2) Hydraulic project approvals issued in locations
covered by a national pollution discharge elimination system
municipal storm water general permit may not be conditioned or denied for water quality or quantity impacts arising
from storm water discharges. A hydraulic project approval
is required only for the actual construction of any storm
water outfall or associated structures pursuant to this chapter.
(3)(a) In locations not covered by a national pollution
discharge elimination system municipal storm water general
permit, the department may issue hydraulic project approvals
that contain provisions that protect fish life from adverse
effects, such as scouring or erosion of the bed of the water
body, resulting from the direct hydraulic impacts of the
discharge.
(b) Prior to the issuance of a hydraulic project approval
issued under this subsection (3), the department must:
(i) Make a finding that the discharge from the outfall
will cause harmful effects to fish life;
(ii) Transmit the findings to the applicant and to the city
or county where the project is being proposed; and
(iii) Allow the applicant an opportunity to use local
ordinances or other mechanisms to avoid the adverse effects
(2002 Ed.)
Construction Projects in State Waters
resulting from the direct hydraulic discharge. The forty-five
day requirement for hydraulic project approval issuance
pursuant to RCW 77.55.100 is suspended during the time
period the department is meeting the requirements of this
subsection (3)(b).
(c) After following the procedures set forth in (b) of this
subsection, the department may issue a hydraulic project
approval that prescribes the discharge rates from an outfall
structure that will prevent adverse effects to the bed or flow
of the waterway. The department may recommend, but not
specify, the measures required to meet these discharge rates.
The department may not require changes to the project
design above the mean higher high water mark of marine
waters, or the ordinary high water mark of fresh waters of
the state. Nothing in this section alters any authority the
department may have to regulate other types of projects
under this chapter. [2002 c 368 § 4.]
Finding—Intent—2002 c 368: See note following RCW 77.55.100.
77.55.350 Hydraulic project approvals—Reasonable
conditions. Conditions imposed upon hydraulic project
approvals must be reasonably related to the project. The
conditions must ensure that the project provides proper
protection for fish life, but the department may not impose
conditions that attempt to optimize conditions for fish life
that are out of proportion to the impact of the proposed
project. [2002 c 368 § 5.]
Finding—Intent—2002 c 368: See note following RCW 77.55.100.
77.55.360 Certain secure community transition
facilities not subject to this chapter. (Expires June 30,
2009.) An emergency has been caused by the need to
expeditiously site facilities to house sexually violent predators who have been committed under chapter 71.09 RCW.
To meet this emergency, secure community transition facilities sited pursuant to the preemption provisions of RCW
71.09.342 and secure facilities sited pursuant to the preemption provisions of RCW 71.09.250 are not subject to the
provisions of this chapter.
This section expires June 30, 2009. [2002 c 68 § 14.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
Chapter 77.60
SHELLFISH
Sections
77.60.010
77.60.020
77.60.030
77.60.040
77.60.050
77.60.060
77.60.070
77.60.080
77.60.090
77.60.100
77.60.110
77.60.120
77.60.130
(2002 Ed.)
State oyster reserves established.
Sale or lease of state oyster reserves.
State oyster reserves management policy—Personal use
harvesting—Inventory—Management categories—Cultch
permits.
Olympia oysters—Cultivation on reserves in Puget Sound.
Sale of shellfish from state oyster reserves.
Restricted shellfish areas—Infestations—Permit.
Geoduck clams, commercial harvesting—Unauthorized
acts—Gear requirements.
Imported oyster seed—Permit and inspection required.
Imported oyster seed—Inspection—Costs.
Establishment of reserves on state shellfish lands.
Zebra mussels and European green crabs—Draft rules—
Prevention of introduction and dispersal.
Infested waters—List published.
Aquatic nuisance species committee.
77.60.150
77.60.160
77.55.340
Oyster reserve land—Pilot project—Advisory committee—
Report—Lease administration.
Oyster reserve land account.
77.60.010 State oyster reserves established. The
following areas are the state oyster reserves and are more
completely described in maps and plats on file in the office
of the commissioner of public lands and in the office of the
auditor of the county in which the reserve is located:
1. PUGET SOUND OYSTER RESERVES:
(a) Totten Inlet reserves (sometimes known as Oyster
Bay reserves), located in Totten Inlet, Thurston county;
(b) Eld Inlet reserves (sometimes known as Mud Bay
reserves), located in Mud Bay, Thurston county;
(c) Oakland Bay reserves, located in Oakland Bay,
Mason county;
(d) North Bay reserves (sometimes known as Case Inlet
reserves), located in Case Inlet, Mason county.
2. WILLAPA HARBOR OYSTER RESERVES:
(a) Nemah reserve, south and west sides of reserve
located along Nemah River channel, Pacific county;
(b) Long Island reserve, located at south end and along
west side of Long Island, Willapa Harbor, Pacific county;
(c) Long Island Slough reserve, located at south end and
along east side of Long Island, Willapa Harbor, Pacific
county;
(d) Bay Center reserve, located in the Palix River
channel, extending from Palix River bridge to beyond Bay
Center to north of Goose Point, Willapa Harbor, Pacific
county;
(e) Willapa River reserve, located in the Willapa River
channel extending west and up-river from a point approximately one-quarter mile from the blinker light marking the
division of Willapa River channel and the North River
channel, Willapa Harbor, Pacific county. [1983 1st ex.s. c
46 § 78; 1955 c 12 § 75.24.010. Prior: 1949 c 112 § 54;
Rem. Supp. 1949 § 5780-01. Formerly RCW 75.24.010.]
77.60.020 Sale or lease of state oyster reserves.
Only upon recommendation of the commission may the state
oyster reserves be sold, leased, or otherwise disposed of by
the department of natural resources. [1995 1st sp.s. c 2 § 28
(Referendum Bill No. 45, approved November 7, 1995);
1983 1st ex.s. c 46 § 79; 1955 c 12 § 75.24.030. Prior:
1949 c 112 § 55; Rem. Supp. 1949 § 5780-402. Formerly
RCW 75.24.030.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.60.030 State oyster reserves management
policy—Personal use harvesting—Inventory—
Management categories—Cultch permits. It is the policy
of the state to improve state oyster reserves so that they are
productive and yield a revenue sufficient for their maintenance. In fixing the price of oysters and other shellfish sold
from the reserves, the director shall take into consideration
this policy. It is also the policy of the state to maintain the
[Title 77 RCW—page 69]
77.60.030
Title 77 RCW: Fish and Wildlife
oyster reserves to furnish shellfish to growers and processors
and to stock public beaches.
Shellfish may be harvested from state oyster reserves for
personal use as prescribed by rule of the director.
The director shall periodically inventory the state oyster
reserves and assign the reserve lands into management
categories:
(1) Native Olympia oyster broodstock reserves;
(2) Commercial shellfish harvesting zones;
(3) Commercial shellfish propagation zones designated
for long-term leasing to private aquaculturists;
(4) Public recreational shellfish harvesting zones;
(5) Unproductive land.
The director shall manage each category of oyster
reserve land to maximize the sustained yield production of
shellfish consistent with the purpose for establishment of
each management category.
The commission shall develop an oyster reserve management plan, to include recommendations for leasing
reserve lands, in coordination with the shellfish industry, by
January 1, 1986.
The director shall protect, reseed, improve the habitat of,
and replant state oyster reserves. The director shall also
issue cultch permits and oyster reserve fishery licenses.
[2000 c 107 § 22; 1998 c 245 § 152; 1985 c 256 § 1; 1983
1st ex.s. c 46 § 81; 1969 ex.s. c 91 § 1; 1955 c 12 §
75.24.060. Prior: 1949 c 112 § 56; Rem. Supp. 1949 §
5780-403. Formerly RCW 75.24.060.]
77.60.040 Olympia oysters—Cultivation on reserves
in Puget Sound. The legislature finds that current environmental and economic conditions warrant a renewal of the
state’s historical practice of actively cultivating and managing its oyster reserves in Puget Sound to produce the state’s
native oyster, the Olympia oyster. The director shall
reestablish dike cultivated production of Olympia oysters on
such reserves on a trial basis as a tool for planning more
comprehensive cultivation by the state. [2000 c 107 § 23;
1993 sp.s. c 2 § 40; 1985 c 256 § 2. Formerly RCW
75.24.065.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.60.050 Sale of shellfish from state oyster reserves. The director shall determine the time, place, and
method of sale of oysters and other shellfish from state
oyster reserves. Any person who commercially takes
shellfish from state oyster reserves must possess an oyster
reserve fishery license issued by the director pursuant to
RCW 77.65.260. Any person engaged in the commercial
cultching of oysters on state oyster reserves must possess an
oyster cultch permit issued by the director pursuant to RCW
77.65.270.
To maintain local communities and industries and to
restrain the formation of monopolies in the industry, the
director shall determine the number of bushels which shall
be sold to a person. When the shellfish are sold at public
auction, the director may reject any and all bids. [2000 c
107 § 24; 1983 1st ex.s. c 46 § 82; 1955 c 12 § 75.24.070.
[Title 77 RCW—page 70]
Prior: 1949 c 112 § 57; Rem. Supp. 1949 § 5780-404.
Formerly RCW 75.24.070.]
Oyster reserve fishery license: RCW 77.65.260.
77.60.060 Restricted shellfish areas—Infestations—
Permit. The director may designate as "restricted shellfish
areas" those areas in which infection or infestation of
shellfish is present. A permit issued by the director is
required to transplant or transport into or out of a restricted
area shellfish or equipment used in culturing, taking,
handling, or processing shellfish. [1998 c 190 § 90; 1983
1st ex.s. c 46 § 83; 1955 c 12 § 75.24.080. Prior: 1949 c
112 § 59; Rem. Supp. 1949 § 5780-406. Formerly RCW
75.24.080.]
77.60.070 Geoduck clams, commercial harvesting—
Unauthorized acts—Gear requirements. (1) The director
may not authorize a person to take geoduck clams for
commercial purposes outside the harvest area designated in
a current department of natural resources geoduck harvesting
agreement issued under RCW 79.96.080. The director may
not authorize commercial harvest of geoduck clams from
bottoms that are shallower than eighteen feet below mean
lower low water (0.0. ft.), or that lie in an area bounded by
the line of ordinary high tide (mean high tide) and a line two
hundred yards seaward from and parallel to the line of ordinary high tide. This section does not apply to the harvest of
private sector cultured aquatic products as defined in RCW
15.85.020.
(2) Commercial geoduck harvesting shall be done with
a hand-held, manually operated water jet or suction device
guided and controlled from under water by a diver. Periodically, the director shall determine the effect of each type or
unit of gear upon the geoduck population or the substrate
they inhabit. The director may require modification of the
gear or stop its use if it is being operated in a wasteful or
destructive manner or if its operation may cause permanent
damage to the bottom or adjacent shellfish populations.
[2000 c 107 § 25; 1998 c 190 § 91; 1995 1st sp.s. c 2 § 29
(Referendum Bill No. 45, approved November 7, 1995);
1993 c 340 § 51; 1984 c 80 § 2. Prior: 1983 1st ex.s. c 46
§ 85; 1983 c 3 § 193; 1979 ex.s. c 141 § 1; 1969 ex.s. c 253
§ 1. Formerly RCW 75.24.100.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Liberal construction—1969 ex.s. c 253: "The provisions of this act
shall be liberally construed." [1969 ex.s. c 253 § 5.]
Severability—1969 ex.s. c 253: "If any provisions of this 1969
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1969 ex.s. c 253 § 6.]
Designation of aquatic lands for geoduck harvesting: RCW 79.96.085.
Diver license for harvesting geoducks: RCW 77.65.410.
77.60.080 Imported oyster seed—Permit and
inspection required. The department may not authorize a
person to import oysters or oyster seed into this state for the
purpose of planting them in state waters without a permit
(2002 Ed.)
Shellfish
from the director. The director shall issue a permit only
after an adequate inspection has been made and the oysters
or oyster seed are found to be free of disease, pests, and
other substances which might endanger oysters in state
waters. [1998 c 190 § 92; 1983 1st ex.s. c 46 § 87; 1955 c
12 § 75.08.054. Prior: 1951 c 271 § 42. Formerly RCW
75.24.110, 75.08.054.]
77.60.090 Imported oyster seed—Inspection—Costs.
The director may require imported oyster seed to be inspected for diseases and pests. The director may specify the
place of inspection. Persons importing oyster seed shall pay
for the inspection costs excluding the inspector’s salary. The
cost shall be determined by the director and prorated among
the importers according to the number of cases of oyster
seeds each imports. The director shall specify the time and
manner of payment. [1983 1st ex.s. c 46 § 88; 1967 ex.s. c
38 § 1; 1955 c 12 § 75.08.056. Prior: 1951 c 271 § 43.
Formerly RCW 75.24.120, 75.08.056.]
77.60.100 Establishment of reserves on state
shellfish lands. The commission may examine the clam,
mussel, and oyster beds located on aquatic lands belonging
to the state and request the commissioner of public lands to
withdraw these lands from sale and lease for the purpose of
establishing reserves or public beaches. The director shall
conserve, protect, and develop these reserves and the oyster,
shrimp, clam, and mussel beds on state lands. [2000 c 107
§ 26; 1995 1st sp.s. c 2 § 30 (Referendum Bill No. 45,
approved November 7, 1995); 1983 1st ex.s. c 46 § 89; 1955
c 12 § 75.08.060. Prior: 1949 c 112 § 7(5); Rem. Supp.
1949 § 5780-206(5). Formerly RCW 75.24.130, 75.08.060.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.60.110 Zebra mussels and European green
crabs—Draft rules—Prevention of introduction and
dispersal. To complement programs authorized by the
federal aquatic nuisance species task force, the department
of fish and wildlife is directed to develop draft rules for
legislative consideration to prevent the introduction and
dispersal of zebra mussels and European green crabs and to
allow eradication of infestations that may occur. The
department is authorized to display and distribute material
and literature informing boaters and owners of airplanes that
land on water of the problem and to publicize and maintain
a telephone number available to the public to express concerns and report infestations. [1998 c 153 § 2. Formerly
RCW 75.24.140.]
Intent—1998 c 153: "The unauthorized introduction of the zebra
mussel and the European green crab into Washington state waters would
pose a serious economic and environmental threat. The zebra mussel and
European green crab have adverse impacts on fisheries, waterways, public
and private facilities, and the functioning of natural ecosystems. The threat
of zebra mussels and European green crabs requires a coordinated response.
It is the intent of the legislature to prevent adverse economic and environmental impacts caused by zebra mussels and European green crabs in
cooperation and coordination with local governments, the public, other
states, and federal agencies." [1998 c 153 § 1.]
Effective date—1998 c 153: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
(2002 Ed.)
77.60.080
government and its existing public institutions, and takes effect immediately
[March 25, 1998]." [1998 c 153 § 6.]
77.60.120 Infested waters—List published. The
department of fish and wildlife shall prepare, maintain, and
publish a list of all lakes, ponds, or other waters of the state
and other states infested with zebra mussels or European
green crabs. The department may participate in regional or
national groups addressing these species. [1998 c 153 § 3.
Formerly RCW 75.24.150.]
Intent—Effective date—1998 c 153: See notes following RCW
77.60.110.
77.60.130 Aquatic nuisance species committee. (1)
The aquatic nuisance species committee is created for the
purpose of fostering state, federal, tribal, and private cooperation on aquatic nuisance species issues. The mission of the
committee is to minimize the unauthorized or accidental
introduction of nonnative aquatic species and give special
emphasis to preventing the introduction and spread of
aquatic nuisance species. The term "aquatic nuisance
species" means a nonnative aquatic plant or animal species
that threatens the diversity or abundance of native species,
the ecological stability of infested waters, or commercial,
agricultural, or recreational activities dependent on such
waters.
(2) The committee consists of representatives from each
of the following state agencies: Department of fish and
wildlife, department of ecology, department of agriculture,
department of health, department of natural resources, Puget
Sound water quality action team, state patrol, state noxious
weed control board, and Washington sea grant program. The
committee shall encourage and solicit participation by:
Federally recognized tribes of Washington, federal agencies,
Washington conservation organizations, environmental
groups, and representatives from industries that may either
be affected by the introduction of an aquatic nuisance
species or that may serve as a pathway for their introduction.
(3) The committee has the following duties:
(a) Periodically revise the state of Washington aquatic
nuisance species management plan, originally published in
June 1998;
(b) Make recommendations to the legislature on statutory provisions for classifying and regulating aquatic nuisance
species;
(c) Recommend to the state noxious weed control board
that a plant be classified under the process designated by
RCW 17.10.080 as an aquatic noxious weed;
(d) Coordinate education, research, regulatory authorities, monitoring and control programs, and participate in
regional and national efforts regarding aquatic nuisance
species;
(e) Consult with representatives from industries and
other activities that may serve as a pathway for the introduction of aquatic nuisance species to develop practical strategies that will minimize the risk of new introductions; and
(f) Prepare a biennial report to the legislature with the
first report due by December 1, 2001, making recommendations for better accomplishing the purposes of this chapter,
and listing the accomplishments of this chapter to date.
(4) The committee shall accomplish its duties through
the authority and cooperation of its member agencies.
[Title 77 RCW—page 71]
77.60.130
Title 77 RCW: Fish and Wildlife
Implementation of all plans and programs developed by the
committee shall be through the member agencies and other
cooperating organizations. [2000 c 149 § 1.]
77.60.150 Oyster reserve land—Pilot project—
Advisory committee—Report—Lease administration. (1)
The department shall initiate a pilot project to evaluate the
feasibility and potential of intensively culturing shellfish on
currently nonproductive oyster reserve land in Puget Sound.
The pilot program shall include no fewer than three longterm lease agreements with commercial shellfish growers.
Except as provided in subsection (4) of this section, revenues
from the lease of such lands shall be deposited in the oyster
reserve land account created in RCW 77.60.160.
(2) The department shall form one advisory committee
each for the Willapa Bay oyster reserve lands and the Puget
Sound oyster reserve lands. The advisory committees shall
make recommendations on management practices to conserve, protect, and develop oyster reserve lands. The
advisory committees may make recommendations regarding
the management practices on oyster reserve lands, in
particular to ensure that they are managed in a manner that
will: (a) Increase revenue through production of high-value
shellfish; (b) not be detrimental to the market for shellfish
grown on nonreserve lands; and (c) avoid negative impacts
to existing shellfish populations. The advisory committees
may also make recommendation on the distribution of funds
in RCW 77.60.160(2)(a). The department shall attempt to
structure each advisory committee to include equal representation between shellfish growers that participate in reserve
sales and shellfish growers that do not.
(3) The department shall submit a brief progress report
on the status of the pilot programs to the appropriate
standing committees of the legislature by January 7, 2003.
(4) The department of natural resources, in consultation
with the department of fish and wildlife, shall administer the
leases for oyster reserves entered into under this chapter. In
administering the leases, the department of natural resources
shall exercise its authority under RCW 79.96.090. Vacation
of state oyster reserves by the department of fish and
wildlife shall not be a requirement for the department of
natural resources to lease any oyster reserves under this
section. The department of natural resources may recover
reasonable costs directly associated with the administration
of the leases for oyster reserves entered into under this
chapter. All administrative fees collected by the department
of natural resources pursuant to this section shall be deposited into the resource management cost account established in
RCW 79.64.020. The department of fish and wildlife may
not assess charges to recover the costs of consulting with the
department of natural resources under this subsection.
(5) The Puget Sound pilot program shall not include the
culture of geoduck. [2001 c 273 § 1.]
77.60.160 Oyster reserve land account. (1) The
oyster reserve land account is created in the state treasury.
All receipts from revenues from the lease of land or sale of
shellfish from oyster reserve lands must be deposited into the
account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only as provided in this section.
[Title 77 RCW—page 72]
(2) Funds in the account shall be used for the purposes
provided for in this subsection:
(a) Up to forty percent for the management expenses
incurred by the department that are directly attributable to
the management of the oyster reserve lands and for the
expenses associated with new research and development
activities at the Pt. Whitney and Nahcotta shellfish laboratories managed by the department. As used in this subsection,
"new research and development activities" includes an
emphasis on the control of aquatic nuisance species and
burrowing shrimp;
(b) Up to ten percent may be deposited into the state
general fund; and
(c) All remaining funds in the account shall be used for
the shellfish - on-site sewage grant program established in
RCW 90.71.100. [2001 c 273 § 2.]
Chapter 77.65
FOOD FISH AND SHELLFISH—
COMMERCIAL LICENSES
Sections
77.65.010
77.65.020
77.65.030
77.65.040
77.65.050
77.65.060
77.65.070
77.65.080
77.65.090
77.65.100
77.65.110
77.65.120
77.65.130
77.65.140
77.65.150
77.65.160
77.65.170
77.65.180
77.65.190
77.65.200
77.65.210
77.65.220
77.65.230
77.65.240
77.65.250
77.65.260
77.65.270
77.65.280
77.65.290
Commercial licenses and permits required—Exemption.
Transfer of licenses—Restrictions—Fees—Inheritability.
Commercial licenses and permits—Application deadline—
Exception.
Commercial licenses—Qualifications—Limited-entry license—Nonsalmon delivery license.
Application for commercial licenses and permits—
Replacement.
No commercial fishery during year—License requirement
waived or license fees refunded.
Licensees subject to statute and rules—Licenses not subject
to security interest or lien—Expiration and renewal of
licenses.
License suspension—Noncompliance with support order—
Reissuance.
Vessel substitution.
Vessel designation.
Alternate operator designation—Fee.
Sale or delivery of food fish or shellfish—Conditions—
Charter boat operation.
Vessel operation—License designation—Alternate operator
license required.
Alternate operators—Increase for certain licenses.
Charter licenses and angler permits—Fees—"Charter boat"
defined—Oregon charter boats—License renewal.
Commercial salmon fishery licenses—Gear and geographic
designations—Fees.
Salmon delivery license—Fee—Restrictions—Revocation.
Oregon, California harvested salmon—Landing in Washington ports encouraged.
Emergency salmon delivery license—Fee—Nontransferable,
nonrenewable.
Commercial fishery licenses for food fish fisheries—Fees—
Rules for species, gear, and areas.
Nonlimited entry delivery license—Limitations—Fee.
Commercial fishery licenses for shellfish fisheries—Fees—
Rules for species, gear, and areas.
Surcharge on Dungeness crab-coastal fishery licenses and
Dungeness crab-coastal class B fishery licenses—
Dungeness crab appeals account.
Surcharge on Dungeness crab-coastal fishery license and
Dungeness crab-coastal class B fishery license—Coastal
crab account.
Hardshell clam mechanical harvester fishery license.
State oyster reserves—Oyster reserve fishery license.
Oyster cultch permit.
Wholesale fish dealer’s license—Fee—Exemption.
Wholesale fish dealer licenses—Display.
(2002 Ed.)
Food Fish and Shellfish—Commercial Licenses
77.65.300
77.65.310
77.65.320
77.65.330
77.65.340
77.65.350
77.65.360
77.65.370
77.65.380
77.65.390
77.65.400
77.65.410
77.65.420
77.65.430
77.65.440
77.65.450
77.65.460
77.65.480
77.65.490
77.65.500
77.65.510
77.65.515
77.65.520
77.65.900
Wholesale fish dealer may be a fish buyer.
Wholesale fish dealers—Documentation of commercial
harvest.
Wholesale fish dealers—Performance bond.
Wholesale fish dealers—Performance bond—Payment of
liability.
Fish buyer’s license—Fee.
Salmon charter crew member—Salmon roe license—Sale of
salmon roe—Conditions.
License fee increases—Disposition.
Professional salmon guide license.
Ocean pink shrimp—Defined.
Ocean pink shrimp—Delivery license—Fee.
Emerging commercial fishery—Trial or experimental fishery—Licenses and permits.
Geoduck diver license.
Wild salmonid policy—Establishment.
Wild salmonid policy—Management strategies and gear
types.
Alternate operator—Geoduck diver—Salmon guide—Fees.
Trapper’s license.
Trapper’s license—Training program or examination requisite for issuance to initial licensee.
Taxidermist, fur dealer, fishing guide, game farmer,
anadromous game fish buyer—Licenses—Fish stocking
and game contest permits.
Activities requiring license/permit.
Reports required from persons with licenses or permits
under RCW 77.65.480.
Direct retail endorsement—Fee—Responsibilities of holder.
Direct retail endorsement—Requirements.
Direct retail endorsement—Compliance—Violations—
Suspension.
Effective date—1989 c 316.
77.65.010 Commercial licenses and permits required—Exemption. (1) Except as otherwise provided by
this title, a person may not engage in any of the following
activities without a license or permit issued by the director:
(a) Commercially fish for or take food fish or shellfish;
(b) Deliver food fish or shellfish taken in offshore
waters;
(c) Operate a charter boat or commercial fishing vessel
engaged in a fishery;
(d) Engage in processing or wholesaling food fish or
shellfish; or
(e) Act as a guide for salmon for personal use in
freshwater rivers and streams, other than that part of the
Columbia river below the bridge at Longview.
(2) No person may engage in the activities described in
subsection (1) of this section unless the licenses or permits
required by this title are in the person’s possession, and the
person is the named license holder or an alternate operator
designated on the license and the person’s license is not
suspended.
(3) A valid Oregon license that is equivalent to a license
under this title is valid in the concurrent waters of the
Columbia river if the state of Oregon recognizes as valid the
equivalent Washington license. The director may identify by
rule what Oregon licenses are equivalent.
(4) No license or permit is required for the production
or harvesting of private sector cultured aquatic products as
defined in RCW 15.85.020 or for the delivery, processing, or
wholesaling of such aquatic products. However, if a means
of identifying such products is required by rules adopted
under RCW 15.85.060, the exemption from licensing or
permit requirements established by this subsection applies
only if the aquatic products are identified in conformance
(2002 Ed.)
Chapter 77.65
with those rules. [1998 c 190 § 93; 1997 c 58 § 883; 1993
c 340 § 2; 1991 c 362 § 1; 1985 c 457 § 18; 1983 1st ex.s.
c 46 § 101; 1959 c 309 § 2; 1955 c 12 § 75.28.010. Prior:
1949 c 112 § 73; Rem. Supp. 1949 § 5780-511. Formerly
RCW 75.28.010.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Finding—Intent—1993 c 340: "The legislature finds that the laws
governing commercial fishing licensing in this state are highly complex and
increasingly difficult to administer and enforce. The current laws governing
commercial fishing licenses have evolved slowly, one section at a time, over
decades of contention and changing technology, without general consideration for how the totality fits together. The result has been confusion and
litigation among commercial fishers. Much of the confusion has arisen
because the license holder in most cases is a vessel, not a person. The
legislature intends by this act to standardize licensing criteria, clarify
licensing requirements, reduce complexity, and remove inequities in
commercial fishing licensing. The legislature intends that the license fees
stated in this act shall be equivalent to those in effect on January 1, 1993,
as adjusted under section 19, chapter 316, Laws of 1989." [1993 c 340 §
1.]
Captions not law—1993 c 340: "Section headings as used in this act
do not constitute any part of the law." [1993 c 340 § 57.]
Effective date—1993 c 340: "This act shall take effect January 1,
1994." [1993 c 340 § 58.]
Severability—1993 c 340: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 340 § 59.]
77.65.020 Transfer of licenses—Restrictions—
Fees—Inheritability. (1) Unless otherwise provided in this
title, a license issued under this chapter is not transferable
from the license holder to any other person.
(2) The following restrictions apply to transfers of
commercial fishery licenses, salmon delivery licenses, and
salmon charter licenses that are transferable between license
holders:
(a) The license holder shall surrender the previously
issued license to the department.
(b) The department shall complete no more than one
transfer of the license in any seven-day period.
(c) The fee to transfer a license from one license holder
to another is:
(i) The same as the resident license renewal fee if the
license is not limited under chapter 77.70 RCW;
(ii) Three and one-half times the resident renewal fee if
the license is not a commercial salmon license and the
license is limited under chapter 77.70 RCW;
(iii) Fifty dollars if the license is a commercial salmon
license and is limited under chapter 77.70 RCW;
(iv) Five hundred dollars if the license is a Dungeness
crab-coastal fishery license; or
(v) If a license is transferred from a resident to a
nonresident, an additional fee is assessed that is equal to the
difference between the resident and nonresident license fees
at the time of transfer, to be paid by the transferee.
(3) A commercial license that is transferable under this
title survives the death of the holder. Though such licenses
are not personal property, they shall be treated as analogous
to personal property for purposes of inheritance and intesta[Title 77 RCW—page 73]
77.65.020
Title 77 RCW: Fish and Wildlife
cy. Such licenses are subject to state laws governing wills,
trusts, estates, intestate succession, and community property,
except that such licenses are exempt from claims of creditors
of the estate and tax liens. The surviving spouse, estate, or
beneficiary of the estate may apply for a renewal of the
license. There is no fee for transfer of a license from a
license holder to the license holder’s surviving spouse or
estate, or to a beneficiary of the estate. [2000 c 107 § 28;
1997 c 418 § 1; 1995 c 228 § 1; 1993 sp.s. c 17 § 34.
Formerly RCW 75.28.011.]
Contingent effective date—1993 sp.s. c 17 §§ 34-47: "Sections 34
through 47 of this act shall take effect only if Senate Bill No. 5124 becomes
law by August 1, 1993." [1993 sp.s. c 17 § 48.] Senate Bill No. 5124
[1993 c 340] did become law. Sections 34 through 47 of 1993 sp.s. c 17
did become law.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
77.65.030 Commercial licenses and permits—
Application deadline—Exception. The application deadline
for a commercial license or permit established in this chapter
is December 31st of the calendar year for which the license
or permit is sought. The department shall accept no license
or permit applications after December 31st of the calendar
year for which the license or permit is sought. The application deadline in this section does not apply to a license or
permit that has not been renewed because of the death of the
license or permit holder. The license or permit holder’s
surviving spouse, estate, or estate beneficiary must be given
a reasonable opportunity to renew the license or permit.
[2001 c 244 § 2; 1993 c 340 § 3; 1986 c 198 § 8; 1983 1st
ex.s. c 46 § 103; 1981 c 201 § 1; 1965 ex.s. c 57 § 1; 1959
c 309 § 4; 1957 c 171 § 3. Formerly RCW 75.28.014.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.040 Commercial licenses—Qualifications—
Limited-entry license—Nonsalmon delivery license. (1)
Except as otherwise provided in this title, a person may hold
a commercial license established by this chapter.
(2) Except as otherwise provided in this title, an
individual may hold a commercial license only if the
individual is sixteen years of age or older and a bona fide
resident of the United States.
(3) A corporation may hold a commercial license only
if it is authorized to do business in this state.
(4) No person may hold a limited-entry license unless
the person meets the qualifications that this title establishes
for the license.
(5) The residency requirements in subsection (2) of this
section do not apply to holders of nonsalmon delivery
licenses. [2000 c 107 § 29; 1994 c 244 § 1; 1993 c 340 §
4; 1989 c 47 § 1; 1983 1st ex.s. c 46 § 104; 1963 c 171 § 1;
1955 c 12 § 75.28.020. Prior: 1953 c 207 § 9; 1949 c 112
§ 63; Rem. Supp. 1949 § 5780-501. Formerly RCW
75.28.020.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.050 Application for commercial licenses and
permits—Replacement. (1) Except as otherwise provided
in this title, the director shall issue commercial licenses and
[Title 77 RCW—page 74]
permits to a qualified person upon receiving a completed
application accompanied by the required fee.
(2) An application submitted to the department under
this chapter shall contain the name and address of the
applicant and any other information required by the department or this title. An applicant for a commercial fishery
license or delivery license may designate a vessel to be used
with the license. An applicant for a commercial fishery
license or delivery license may also designate up to two
alternate operators.
(3) An application submitted to the department under
this chapter shall contain the applicant’s declaration under
penalty of perjury that the information on the application is
true and correct.
(4) Upon issuing a commercial license under this
chapter, the director shall assign the license a unique number
that the license shall retain upon renewal. The department
shall use the number to record any commercial catch under
the license. This does not preclude the department from
using other, additional, catch record methods.
(5) The fee to replace a license that has been lost or
destroyed is twenty dollars. [1998 c 267 § 1; 1993 sp.s. c
17 § 44; (1993 c 340 § 5 repealed by 1993 sp.s. c 17 § 47);
1983 1st ex.s. c 46 § 105; 1959 c 309 § 7; 1955 c 12 §
75.28.030. Prior: 1953 c 207 § 2; 1949 c 112 § 65; Rem.
Supp. 1949 § 5780-503. Formerly RCW 75.28.030.]
Effective date—1998 c 267: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 1, 1998]." [1998 c 267 § 5.]
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
77.65.060 No commercial fishery during year—
License requirement waived or license fees refunded. If,
for any reason, the department does not allow any opportunity for a commercial fishery during a calendar year, the
director shall either: (1) Waive the requirement to obtain a
license for that commercial fishery for that year; or (2)
refund applicable license fees upon return of the license.
[2000 c 107 § 30; 1995 c 227 § 1. Formerly RCW
75.28.034.]
77.65.070 Licensees subject to statute and rules—
Licenses not subject to security interest or lien—
Expiration and renewal of licenses. (1) A commercial
license issued under this chapter permits the license holder
to engage in the activity for which the license is issued in
accordance with this title and the rules of the department.
(2) No security interest or lien of any kind, including
tax liens, may be created or enforced in a license issued
under this chapter.
(3) Unless otherwise provided in this title or rules of the
department, commercial licenses and permits issued under
this chapter expire at midnight on December 31st of the
calendar year for which they are issued. In accordance with
this title, licenses may be renewed annually upon application
and payment of the prescribed license fees. In accordance
with RCW 77.65.030, the department must provide a license
or permit holder’s surviving spouse, estate, or estate benefi(2002 Ed.)
Food Fish and Shellfish—Commercial Licenses
ciary a reasonable opportunity to renew the license or
permit. [2001 c 244 § 3; 1996 c 267 § 27; 1993 c 340 § 6;
1983 1st ex.s. c 46 § 108; 1955 c 212 § 2; 1955 c 12 §
75.28.040. Prior: 1949 c 112 § 64; Rem. Supp. 1949 §
5780-502. Formerly RCW 75.28.040.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.080 License suspension—Noncompliance with
support order—Reissuance. (1) The department shall
immediately suspend the license of a person who has been
certified pursuant to RCW 74.20A.320 by the department of
social and health services as a person who is not in compliance with a support order.
(2) A listing on the department of licensing’s data base
that an individual’s license is currently suspended pursuant
to RCW 46.20.291(8) shall be prima facie evidence that the
individual is in noncompliance with a support order.
Presentation of a written release issued by the department of
social and health services or a court stating that the person
is in compliance with an order shall serve as proof of
compliance. [2000 c 107 § 31; 1997 c 58 § 882. Formerly
RCW 75.28.042.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
77.65.090 Vessel substitution. This section applies to
all commercial fishery licenses, delivery licenses, and charter
licenses, except for emergency salmon delivery licenses.
(1) The holder of a license subject to this section may
substitute the vessel designated on the license or designate
a vessel if none has previously been designated if the license
holder:
(a) Surrenders the previously issued license to the
department;
(b) Submits to the department an application that
identifies the currently designated vessel, the vessel proposed
to be designated, and any other information required by the
department; and
(c) Pays to the department a fee of thirty-five dollars.
(2) Unless the license holder owns all vessels identified
on the application described in subsection (1)(b) of this
section or unless the vessel is designated on a Dungeness
crab-coastal or a Dungeness crab-coastal class B fishery
license, the following restrictions apply to changes in vessel
designation:
(a) The department shall change the vessel designation
on the license no more than four times per calendar year.
(b) The department shall change the vessel designation
on the license no more than once in any seven-day period.
[1994 c 260 § 11; 1993 sp.s. c 17 § 45. Formerly RCW
75.28.044.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
(2002 Ed.)
77.65.070
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
77.65.100 Vessel designation. This section applies to
all commercial fishery licenses, delivery licenses, and charter
licenses.
(1) An applicant for a license subject to this section may
designate a vessel to be used with the license. Except for
emergency salmon delivery licenses, the director may issue
a license regardless of whether the applicant designates a
vessel. An applicant may designate no more than one vessel
on a license subject to this section.
(2) A license for a fishery that requires a vessel authorizes no taking or delivery of food fish or shellfish unless a
vessel is designated on the license. A delivery license
authorizes no delivery of food fish or shellfish unless a
vessel is designated on the license.
(3) No vessel may be designated on more than one
commercial fishery license unless the licenses are for
different fisheries, except the same vessel may be designated
on two of the following licenses, provided the licenses are
owned by the same licensee:
(a) Puget Sound Dungeness crab fishery license;
(b) Shrimp pot-Puget Sound fishery license;
(c) Sea cucumber dive fishery license; and
(d) Sea urchin dive fishery license.
(4) No vessel may be designated on more than one
delivery license, on more than one salmon charter license, or
on more than one nonsalmon charter license. [2001 c 105
§ 3; 1998 c 190 § 94; 1993 c 340 § 7. Formerly RCW
75.28.045.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.110 Alternate operator designation—Fee.
This section applies to all commercial fishery licenses,
charter boat license[s], and delivery licenses.
(1) A person designated as an alternate operator must
possess an alternate operator license issued under RCW
77.65.130, and be designated on the license prior to engaging
in the activities authorized by the license. The holder of the
commercial fishery license, charter boat license, or delivery
license may designate up to two alternate operators for the
license, except:
(a) Whiting—Puget Sound fishery licensees may not
designate alternate operators;
(b) Emergency salmon delivery licensees may not
designate alternate operators;
(c) Shrimp pot-Puget Sound fishery licensees may
designate no more than one alternate operator at a time; and
(d) Shrimp trawl-Puget Sound fishery licensees may
designate no more than one alternate operator at a time.
(2) The fee to change the alternate operator designation
is twenty-two dollars. [2001 c 105 § 4; 2000 c 107 § 32;
1998 c 267 § 2; 1994 c 260 § 12; 1993 c 340 § 9. Formerly
RCW 75.28.046.]
Effective date—1998 c 267: See note following RCW 77.65.050.
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
[Title 77 RCW—page 75]
77.65.110
Title 77 RCW: Fish and Wildlife
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.120 Sale or delivery of food fish or shellfish—
Conditions—Charter boat operation. (1) Only the license
holder and any alternate operators designated on the license
may sell or deliver food fish or shellfish under a commercial
fishery license or delivery license. A commercial fishery
license or delivery license authorizes no taking or delivery
of food fish or shellfish unless the license holder or an
alternate operator designated on the license is present or
aboard the vessel.
(2) Notwithstanding RCW 77.65.010(1)(c), an alternate
operator license is not required for an individual to operate
a vessel as a charter boat. [2000 c 107 § 33; 1998 c 267 §
3; 1993 c 340 § 10. Formerly RCW 75.28.047.]
Effective date—1998 c 267: See note following RCW 77.65.050.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.130 Vessel operation—License designation—
Alternate operator license required. (1) A person who
holds a commercial fishery license or a delivery license may
operate the vessel designated on the license. A person who
is not the license holder may operate the vessel designated
on the license only if:
(a) The person holds an alternate operator license issued
by the director; and
(b) The person is designated as an alternate operator on
the underlying commercial fishery license or delivery license
under RCW 77.65.110.
(2) Only an individual at least sixteen years of age may
hold an alternate operator license.
(3) No individual may hold more than one alternate
operator license. An individual who holds an alternate
operator license may be designated as an alternate operator
on an unlimited number of commercial fishery licenses or
delivery licenses under RCW 77.65.110.
(4) An individual who holds two Dungeness crab—
Puget Sound fishery licenses may operate the licenses on one
vessel if the vessel owner or alternate operator is on the
vessel. The department shall allow a license holder to
operate up to one hundred crab pots for each license.
(5) As used in this section, to "operate" means to
control the deployment or removal of fishing gear from state
waters while aboard a vessel or to operate a vessel delivering
food fish or shellfish taken in offshore waters to a port
within the state. [2000 c 107 § 34; 1998 c 267 § 4; 1997 c
233 § 2; 1993 c 340 § 25. Formerly RCW 75.28.048.]
Effective date—1998 c 267: See note following RCW 77.65.050.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.140 Alternate operators—Increase for certain
licenses. The director may, by rule, increase the number of
alternate operators beyond the level authorized by RCW
77.65.050 and 77.65.110 for a commercial fishery license,
delivery license, or charter license. [2000 c 107 § 35; 1997
c 421 § 1. Formerly RCW 75.28.055.]
[Title 77 RCW—page 76]
77.65.150 Charter licenses and angler permits—
Fees—"Charter boat" defined—Oregon charter boats—
License renewal. (1) The director shall issue the charter
licenses and angler permits listed in this section according to
the requirements of this title. The licenses and permits and
their annual fees and surcharges are:
License or Permit
Annual Fee
(RCW 77.95.090 Surcharge)
Resident
(a) Nonsalmon charter
(b) Salmon charter
(c) Salmon angler
(d) Salmon roe
Governing
Section
Nonresident
$225
$375
$380
$685 RCW 77.70.050
(plus $100) (plus $100)
$ 0
$ 0 RCW 77.70.060
$ 95
$ 95 RCW 77.65.350
(2) A salmon charter license designating a vessel is
required to operate a charter boat to take salmon, other food
fish, and shellfish. The director may issue a salmon charter
license only to a person who meets the qualifications of
RCW 77.70.050.
(3) A nonsalmon charter license designating a vessel is
required to operate a charter boat to take food fish other than
salmon and shellfish. As used in this subsection, "food fish"
does not include salmon.
(4) "Charter boat" means a vessel from which persons
may, for a fee, fish for food fish or shellfish for personal
use, and that brings food fish or shellfish into state ports or
brings food fish or shellfish taken from state waters into
United States ports. The director may specify by rule when
a vessel is a "charter boat" within this definition. "Charter
boat" does not mean a vessel used by a guide for clients
fishing for food fish for personal use in freshwater rivers,
streams, and lakes, other than Lake Washington or that part
of the Columbia River below the bridge at Longview.
(5) A charter boat licensed in Oregon may fish without
a Washington charter license under the same rules as
Washington charter boat operators in ocean waters within the
jurisdiction of Washington state from the southern border of
the state of Washington to Leadbetter Point, as long as the
Oregon vessel does not land at any Washington port with the
purpose of taking on or discharging passengers. The
provisions of this subsection shall be in effect as long as the
state of Oregon has reciprocal laws and regulations.
(6) A salmon charter license under subsection (1)(b) of
this section may be renewed if the license holder notifies the
department by May 1st of that year that he or she will not
participate in the fishery during that calendar year. The
license holder must pay the one hundred-dollar enhancement
surcharge, plus a fifteen-dollar handling charge, in order to
be considered a valid renewal and eligible to renew the
license the following year. [2000 c 107 § 36; 1998 c 190 §
95; 1997 c 76 § 2; 1995 c 104 § 1; 1993 sp.s. c 17 § 41.
Prior: (1993 c 340 § 21 repealed by 1993 sp.s. c 17 § 47);
1989 c 316 § 2; 1989 c 147 § 1; 1989 c 47 § 2; 1988 c 9 §
1; 1983 1st ex.s. c 46 § 112; 1979 c 60 § 1; 1977 ex.s. c
327 § 5; 1971 ex.s. c 283 § 15; 1969 c 90 § 1. Formerly
RCW 75.28.095.]
Effective date—1997 c 76: See note following RCW 77.65.160.
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
(2002 Ed.)
Food Fish and Shellfish—Commercial Licenses
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Severability—1979 c 60: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 c 60 § 4.]
Legislative intent—Funding of salmon enhancement facilities—Use
of license fees—1977 ex.s. c 327: "The long range economic development
goals for the state of Washington shall include the restoration of salmon
runs to provide an increased supply of this valuable renewable resource for
the benefit of commercial and recreational users and the economic wellbeing of the state. For the purpose of providing funds for the planning,
acquisition, construction, improvement, and operation of salmon enhancement facilities within the state it is the intent of the legislature that the
revenues received from fees from the issuance of vessel delivery permits,
charter boat licenses, trolling gear licenses, gill net gear licenses, purse seine
gear licenses, reef net gear licenses, anadromous salmon angling licenses
and all moneys received from all privilege fees and fish sales taxes collected
on fresh or frozen salmon or parts thereof be utilized to fund such costs.
The salmon enhancement program funded by commercial and
recreational fishing fees and taxes shall be for the express benefit of all
persons whose fishing activities fall under the management authority of the
Washington department of fisheries and who actively participate in the
funding of the enhancement costs through the fees and taxes set forth in
chapters 75.28 and 82.27 RCW or through other adequate funding methods."
[1980 c 98 § 8; 1977 ex.s. c 327 § 1. Formerly RCW 75.18.100.]
Declaration of state policy—1977 ex.s. c 327: "The legislature,
recognizing that anadromous salmon within the waters of the state and
offshore waters are fished for both recreational and commercial purposes
and that the recreational anadromous salmon fishery is a major recreational
and economic asset to the state and improves the quality of life for all
residents of the state, declares that it is the policy of the state to enhance
and improve recreational anadromous salmon fishing in the state." [1977
ex.s. c 327 § 10. Formerly RCW 75.28.600.]
Severability—1977 ex.s. c 327: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 327 § 34.]
Effective date—1977 ex.s. c 327: "This 1977 amendatory act shall
take effect on January 1, 1978." [1977 ex.s. c 327 § 35.]
Effective dates—1971 ex.s. c 283: See note following RCW
77.65.170.
Limitation on issuance of salmon charter boat licenses: RCW 77.70.050.
Salmon charter boats—Angler permit, when required: RCW 77.70.060.
77.65.160 Commercial salmon fishery licenses—
Gear and geographic designations—Fees. (1) The
following commercial salmon fishery licenses are required
for the license holder to use the specified gear to fish for
salmon in state waters. Only a person who meets the
qualifications of RCW 77.70.090 may hold a license listed
in this subsection. The licenses and their annual fees and
surcharges under RCW 77.95.090 are:
Fishery
License
(a) Salmon Gill Net—Grays
Harbor-Columbia river
(b) Salmon Gill Net—Puget
Sound
(c) Salmon Gill Net—Willapa
Bay-Columbia river
(d) Salmon purse seine
(e) Salmon reef net
(f) Salmon troll
Resident
Fee
Nonresident
Fee
Surcharge
$380
$685
plus $100
$380
$685
plus $100
$380
$685
plus $100
$530
$380
$380
$985
$685
$685
plus $100
plus $100
plus $100
(2) A license issued under this section authorizes no
taking or delivery of salmon or other food fish unless a
vessel is designated under RCW 77.65.100.
(2002 Ed.)
77.65.150
(3) Holders of commercial salmon fishery licenses may
retain incidentally caught food fish other than salmon,
subject to rules of the department.
(4) A salmon troll license includes a salmon delivery
license.
(5) A salmon gill net license authorizes the taking of
salmon only in the geographical area for which the license
is issued. The geographical designations in subsection (1) of
this section have the following meanings:
(a) "Puget Sound" includes waters of the Strait of Juan
de Fuca, Georgia Strait, Puget Sound and all bays, inlets,
canals, coves, sounds, and estuaries lying easterly and
southerly of the international boundary line and a line at the
entrance to the Strait of Juan de Fuca projected northerly
from Cape Flattery to the lighthouse on Tatoosh Island and
then to Bonilla Point on Vancouver Island.
(b) "Grays Harbor-Columbia river" includes waters of
Grays Harbor and tributary estuaries lying easterly of a line
projected northerly from Point Chehalis Light to Point
Brown and those waters of the Columbia river and tributary
sloughs and estuaries easterly of a line at the entrance to the
Columbia river projected southerly from the most westerly
point of the North jetty to the most westerly point of the
South jetty.
(c) "Willapa Bay-Columbia river" includes waters of
Willapa Bay and tributary estuaries and easterly of a line
projected northerly from Leadbetter Point to the Cape
Shoalwater tower and those waters of the Columbia river and
tributary sloughs described in (b) of this subsection.
(6) A commercial salmon troll fishery license may be
renewed under this section if the license holder notifies the
department by May 1st of that year that he or she will not
participate in the fishery during that calendar year. A commercial salmon gill net, reef net, or seine fishery license may
be renewed under this section if the license holder notifies
the department before the third Monday in September of that
year that he or she will not participate in the fishery during
that calendar year. The license holder must pay the one
hundred-dollar enhancement surcharge, plus a fifteen-dollar
handling charge before the third Monday in September, in
order to be considered a valid renewal and eligible to renew
the license the following year.
(7) Notwithstanding the annual license fees and surcharges established in subsection (1) of this section, a person
who holds a resident commercial salmon fishery license shall
pay an annual license fee of one hundred dollars plus the
surcharge if all of the following conditions are met:
(a) The license holder is at least seventy-five years of
age;
(b) The license holder owns a fishing vessel and has
fished with a resident commercial salmon fishery license for
at least thirty years; and
(c) The commercial salmon fishery license is for a
geographical area other than the Puget Sound.
An alternate operator may not be designated for a
license renewed at the one hundred dollar annual fee under
this subsection (7). [2001 c 244 § 1; 2000 c 107 § 37; 1997
c 76 § 1; 1996 c 267 § 28; 1993 sp.s. c 17 § 35; (1993 c
340 § 12 repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 3;
1985 c 107 § 1; 1983 1st ex.s. c 46 § 113; 1965 ex.s. c 73
§ 2; 1959 c 309 § 10; 1955 c 12 § 75.28.110. Prior: 1951
[Title 77 RCW—page 77]
77.65.160
Title 77 RCW: Fish and Wildlife
c 271 § 9; 1949 c 112 § 69(1); Rem. Supp. 1949 § 5780507(1). Formerly RCW 75.28.110.]
Effective date—1997 c 76: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 19, 1997]." [1997 c 76 § 3.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Limitations on issuance of commercial salmon fishing licenses: RCW
77.70.090.
77.65.170 Salmon delivery license—Fee—
Restrictions—Revocation. (1) A salmon delivery license is
required to deliver salmon taken in offshore waters to a
place or port in the state. The annual fee for a salmon
delivery license is three hundred eighty dollars for residents
and six hundred eighty-five dollars for nonresidents. The
annual surcharge under RCW 77.95.090 is one hundred
dollars for each license. Holders of nonlimited entry
delivery licenses issued under RCW 77.65.210 may apply
the nonlimited entry delivery license fee against the salmon
delivery license fee.
(2) Only a person who meets the qualifications established in RCW 77.70.090 may hold a salmon delivery
license issued under this section.
(3) A salmon delivery license authorizes no taking of
salmon or other food fish or shellfish from the waters of the
state.
(4) If the director determines that the operation of a
vessel under a salmon delivery license results in the depletion or destruction of the state’s salmon resource or the
delivery into this state of salmon products prohibited by law,
the director may revoke the license under the procedures of
chapter 34.05 RCW. [2000 c 107 § 38; 1998 c 190 § 96;
1994 c 260 § 22; 1993 sp.s. c 17 § 36; (1993 c 340 § 13
repealed by 1993 sp.s. c 17 § 47); 1989 c 316 § 4; 1983 1st
ex.s. c 46 § 115; 1977 ex.s. c 327 § 3; 1971 ex.s. c 283 § 1;
1955 c 12 § 75.18.080. Prior: 1953 c 147 § 9. Formerly
RCW 75.28.113, 75.18.080.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Legislative intent—Funding of salmon enhancement facilities—Use
of license fees—Severability—Effective date—1977 ex.s. c 327: See notes
following RCW 77.65.150.
Effective dates—1971 ex.s. c 283: "The provisions of this 1971
amendatory act are necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing
public institutions, and shall take effect immediately. The provisions of
sections 1 to 10 inclusive of this 1971 amendatory act shall take effect on
January 1, 1972." [1971 ex.s. c 283 § 16.]
Limitations on issuance of salmon delivery licenses: RCW 77.70.090.
77.65.180 Oregon, California harvested salmon—
Landing in Washington ports encouraged. (1) The
[Title 77 RCW—page 78]
legislature finds that landing salmon into the ports of
Washington state, regardless of where such salmon have
been harvested, is economically beneficial to those ports as
well as to the citizens of the state of Washington. It is
therefore the intent of the legislature to encourage this
practice.
(2) Notwithstanding the provisions of RCW
77.65.010(1)(b) and 77.65.170, a Washington citizen who
holds a valid Oregon or California salmon troll license may
land salmon taken during lawful seasons in Oregon and
California into Washington ports without obtaining a salmon
delivery license. This exception is valid only when the
salmon were taken in offshore waters south of Cape Falcon.
(3) The department shall adopt rules necessary to
implement this section, including rules identifying the
appropriate methods for verifying that salmon were in fact
taken south of Cape Falcon. [2000 c 107 § 39; 1999 c 103
§ 1. Formerly RCW 75.28.114.]
77.65.190 Emergency salmon delivery license—
Fee—Nontransferable, nonrenewable. A person who does
not qualify for a license under RCW 77.70.090 shall obtain
a nontransferable emergency salmon delivery license to make
one delivery of salmon taken in offshore waters. The
director shall not issue an emergency salmon delivery license
unless, as determined by the director, a bona fide emergency
exists. The license fee is two hundred twenty-five dollars
for residents and four hundred seventy-five dollars for
nonresidents. An applicant for an emergency salmon
delivery license shall designate no more than one vessel that
will be used with the license. Alternate operator licenses are
not required of persons delivering salmon under an emergency salmon delivery license. Emergency salmon delivery
licenses are not renewable. [2000 c 107 § 40; 1993 sp.s. c
17 § 37; (1993 c 340 § 14 repealed by 1993 sp.s. c 17 § 47);
1989 c 316 § 5; 1984 c 80 § 1. Prior: 1983 1st ex.s. c 46
§ 116; 1983 c 297 § 1; 1977 ex.s. c 327 § 4; 1974 ex.s. c
184 § 3. Formerly RCW 75.28.116, 75.28.460.]
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Legislative intent—Funding of salmon enhancement facilities—Use
of license fees—Severability—Effective date—1977 ex.s. c 327: See notes
following RCW 77.65.150.
Legislative intent—Severability—1974 ex.s. c 184: See notes
following RCW 77.70.090.
77.65.200 Commercial fishery licenses for food fish
fisheries—Fees—Rules for species, gear, and areas. (1)
This section establishes commercial fishery licenses required
for food fish fisheries and the annual fees for those licenses.
As used in this section, "food fish" does not include salmon.
The director may issue a limited-entry commercial fishery license only to a person who meets the qualifications established in applicable governing sections of this title.
Fishery
(Governing section(s))
(a) Baitfish Lampara
(b) Baitfish purse seine
(c) Bottom fish jig
(d) Bottom fish pot
(e) Bottom fish troll
Annual Fee
Vessel
Resident Nonresident Required?
$185
$295
Yes
$530
$985
Yes
$130
$185
Yes
$130
$185
Yes
$130
$185
Yes
Limited
Entry?
No
No
No
No
No
(2002 Ed.)
Food Fish and Shellfish—Commercial Licenses
(f) Carp
$130
(g) Columbia river smelt
$380
(h) Dog fish set net
$130
(i) Emerging commercial
$185
fishery (RCW 77.70.160
and 77.65.400)
(j) Food fish drag seine
$130
(k) Food fish set line
$130
(l) Food fish trawl$240
Non-Puget Sound
(m) Food fish trawl$185
Puget Sound
(n) Herring dip bag net
$175
(RCW 77.70.120)
(o) Herring drag seine
$175
(RCW 77.70.120)
(p) Herring gill net
$175
(RCW 77.70.120)
(q) Herring Lampara
$175
(RCW 77.70.120)
(r) Herring purse seine
$175
(RCW 77.70.120)
(s) Herring spawn-on-kelp
N/A
(RCW 77.70.210)
(t) Smelt dip bag net
$130
(u) Smelt gill net
$380
(v) Whiting-Puget Sound
$295
(RCW 77.70.130)
$185
$685
$185
$295
No
No
No
No
Yes
No
Determined Determined
by rule
by rule
$185
$185
$405
Yes
Yes
Yes
No
No
No
$295
Yes
No
$275
Yes
Yes
$275
Yes
Yes
$275
Yes
Yes
$275
Yes
Yes
$275
Yes
Yes
N/A
Yes
Yes
$185
$685
$520
No
Yes
Yes
No
No
Yes
(2) The director may by rule determine the species of
food fish that may be taken with the commercial fishery
licenses established in this section, the gear that may be used
with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been
established for a particular species, gear, geographical area,
or combination thereof, a more general fishery license may
not be used to take food fish in that fishery. [2000 c 107 §
41; 1993 sp.s. c 17 § 38; (1993 c 340 § 15 repealed by 1993
sp.s. c 17 § 47); 1989 c 316 § 6; 1983 1st ex.s. c 46 § 117;
1965 ex.s. c 73 § 3; 1959 c 309 § 11; 1955 c 12 §
75.28.120. Prior: 1951 c 271 § 10; 1949 c 112 § 69(2);
Rem. Supp. 1949 § 5780-507(2). Formerly RCW
75.28.120.]
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Limitation on commercial herring fishing: RCW 77.70.120.
77.65.210 Nonlimited entry delivery license—
Limitations—Fee. (1) Except as provided in subsection (2)
of this section, a person may not use a commercial fishing
vessel to deliver food fish or shellfish taken in offshore
waters to a port in the state without a nonlimited entry
delivery license. As used in this section, "food fish" does
not include salmon. As used in this section, "shellfish" does
not include ocean pink shrimp or coastal crab. The annual
license fee for a nonlimited entry delivery license is one
hundred ten dollars for residents and two hundred dollars for
nonresidents.
(2) Holders of salmon troll fishery licenses issued under
RCW 77.65.160, salmon delivery licenses issued under RCW
77.65.170, crab pot fishery licenses issued under RCW
77.65.220, food fish trawl—Non-Puget Sound fishery
licenses issued under RCW 77.65.200, Dungeness crab—
coastal fishery licenses, ocean pink shrimp delivery licenses,
and shrimp trawl—Non-Puget Sound fishery licenses issued
(2002 Ed.)
77.65.200
under RCW 77.65.220 may deliver food fish or shellfish
taken in offshore waters without a nonlimited entry delivery
license.
(3) A nonlimited entry delivery license authorizes no
taking of food fish or shellfish from state waters. [2000 c
107 § 42; 1998 c 190 § 97; 1994 c 260 § 21. Prior: 1993
sp.s. c 17 § 39; 1993 c 376 § 3; (1993 c 340 § 16 repealed
by 1993 sp.s. c 17 § 47); 1989 c 316 § 7; 1983 1st ex.s. c
46 § 119; 1971 ex.s. c 283 § 5; 1965 ex.s. c 73 § 1; 1959 c
309 § 5. Formerly RCW 75.28.125, 75.28.085.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Findings—Effective date—1993 c 376: See notes following RCW
77.65.380.
Effective dates—1971 ex.s. c 283: See note following RCW
77.65.170.
77.65.220 Commercial fishery licenses for shellfish
fisheries—Fees—Rules for species, gear, and areas. (1)
This section establishes commercial fishery licenses required
for shellfish fisheries and the annual fees for those licenses.
The director may issue a limited-entry commercial fishery
license only to a person who meets the qualifications
established in applicable governing sections of this title.
Fishery
Annual Fee
Vessel
Limited
(Governing section(s))
Resident Nonresident Required? Entry?
(a) Burrowing shrimp
$185
$295
Yes
No
(b) Crab ring net$130
$185
Yes
No
Non-Puget Sound
(c) Crab ring net$130
$185
Yes
No
Puget Sound
(d) Dungeness crab$295
$520
Yes
Yes
coastal (RCW 77.70.280)
(e) Dungeness crab$295
$520
Yes
Yes
coastal, class B
(RCW 77.70.280)
(f) Dungeness crab$130
$185
Yes
Yes
Puget Sound
(RCW 77.70.110)
(g) Emerging commercial
$185
$295 Determined Determined
fishery (RCW 77.70.160
by rule
by rule
and 77.65.400)
(h) Geoduck (RCW
$ 0
$ 0
Yes
Yes
77.70.220)
(i) Hardshell clam
$530
$985
Yes
No
mechanical harvester
(RCW 77.65.250)
(j) Oyster reserve
$130
$185
No
No
(RCW 77.65.260)
(k) Razor clam
$130
$185
No
No
(l) Sea cucumber dive
$130
$185
Yes
Yes
(RCW 77.70.190)
(m) Sea urchin dive
$130
$185
Yes
Yes
(RCW 77.70.150)
(n) Shellfish dive
$130
$185
Yes
No
(o) Shellfish pot
$130
$185
Yes
No
(p) Shrimp pot$185
$295
Yes
Yes
Puget Sound
(RCW 77.70.410)
(q) Shrimp trawl$240
$405
Yes
No
Non-Puget Sound
[Title 77 RCW—page 79]
77.65.220
(r) Shrimp trawlPuget Sound
(RCW 77.70.420)
(s) Squid
Title 77 RCW: Fish and Wildlife
$185
$295
Yes
Yes
$185
$295
Yes
No
(2) The director may by rule determine the species of
shellfish that may be taken with the commercial fishery
licenses established in this section, the gear that may be used
with the licenses, and the areas or waters in which the licenses may be used. Where a fishery license has been
established for a particular species, gear, geographical area,
or combination thereof, a more general fishery license may
not be used to take shellfish in that fishery. [2000 c 107 §
43; 1999 c 239 § 2; 1994 c 260 § 14; 1993 sp.s. c 17 § 40;
(1993 c 340 § 17 repealed by 1993 sp.s. c 17 § 47); 1989 c
316 § 8; 1983 1st ex.s. c 46 § 120; 1977 ex.s. c 327 § 6;
1971 ex.s. c 283 § 7; 1965 ex.s. c 73 § 4; 1959 c 309 § 12;
1955 c 12 § 75.28.130. Prior: 1951 c 271 § 11; 1949 c 112
§ 69(3); Rem. Supp. 1949 § 5780-507(3). Formerly RCW
75.28.130.]
Finding—Purpose—Intent—1999 c 239: "The legislature finds that
it is in the public interest to convert the Puget Sound shrimp fishery from
the status of an emerging fishery to that of a limited entry fishery. The
purpose of this act is to initiate this conversion, recognizing that additional
details associated with the shrimp fishery limited entry program will need
to be developed. The legislature intends to complete the development of the
laws associated with this limited entry fishery program during the next
regular legislative session and will consider recommendations from the
industry and the department during this program." [1999 c 239 § 1.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Severability—Effective date—1977 ex.s. c 327: See notes following
RCW 77.65.150.
Effective dates—1971 ex.s. c 283: See note following RCW
77.65.170.
Dungeness crab-Puget Sound fishery license endorsement: RCW 77.70.110.
77.65.230 Surcharge on Dungeness crab-coastal
fishery licenses and Dungeness crab-coastal class B
fishery licenses—Dungeness crab appeals account. A
surcharge of fifty dollars shall be collected with each
Dungeness crab-coastal fishery license issued under RCW
77.65.220 until June 30, 2000, and with each Dungeness
crab-coastal class B fishery license issued under RCW
77.65.220 until December 31, 1997. Moneys collected under
this section shall be placed in the Dungeness crab appeals
account hereby created in the state treasury. The account is
subject to allotment procedures under chapter 43.88 RCW,
but no appropriation is required for expenditures. Expenditures from the account shall only be used for processing
appeals related to the issuance of Dungeness crab-coastal
fishery licenses. [2000 c 107 § 44; 1994 c 260 § 15.
Formerly RCW 75.28.132.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
[Title 77 RCW—page 80]
77.65.240 Surcharge on Dungeness crab-coastal
fishery license and Dungeness crab-coastal class B fishery
license—Coastal crab account. A surcharge of one
hundred twenty dollars shall be collected with each
Dungeness crab-coastal fishery license and with each
Dungeness crab-coastal class B fishery license issued under
RCW 77.65.220. Moneys collected under this section shall
be placed in the coastal crab account created under RCW
77.70.320. [2000 c 107 § 45; 1997 c 418 § 5. Formerly
RCW 75.28.133.]
77.65.250 Hardshell clam mechanical harvester
fishery license. A hardshell clam mechanical harvester
fishery license is required to operate a mechanical or hydraulic device for commercially harvesting clams, other than
geoduck clams, unless the requirements of RCW 77.55.100
are fulfilled for the proposed activity. [2000 c 107 § 46;
1993 c 340 § 19; 1989 c 316 § 12; 1985 c 457 § 19; 1983
1st ex.s. c 46 § 125; 1979 ex.s. c 141 § 3; 1969 ex.s. c 253
§ 3; 1955 c 212 § 8; 1955 c 12 § 75.28.280. Prior: 1951 c
271 § 26; 1949 c 112 § 70; Rem. Supp. 1949 § 5780-508.
Formerly RCW 75.28.280.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Construction—Severability—1969 ex.s. c 253: See notes following
RCW 77.60.070.
77.65.260 State oyster reserves—Oyster reserve
fishery license. A person who commercially takes shellfish
from state oyster reserves under RCW 77.60.050 must have
an oyster reserve fishery license. [2000 c 107 § 47; 1993 c
340 § 20; 1989 c 316 § 14; 1983 1st ex.s. c 46 § 131; 1969
ex.s. c 91 § 2; 1955 c 12 § 75.28.290. Prior: 1951 c 271 §
27; 1949 c 112 § 71; Rem. Supp. 1949 § 5780-509. Formerly RCW 75.28.290.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.270 Oyster cultch permit. An oyster cultch
permit is required for commercial cultching of oysters on
state oyster reserves. The director shall require that ten
percent of the cultch bags or other collecting materials be
provided to the state after the oysters have set, for the
purposes of increasing the supply of oysters on state oyster
reserves and enhancing oyster supplies on public beaches.
[1989 c 316 § 15. Formerly RCW 75.28.295.]
77.65.280 Wholesale fish dealer’s license—Fee—
Exemption. A wholesale fish dealer’s license is required
for:
(1) A business in the state to engage in the commercial
processing of food fish or shellfish, including custom
canning or processing of personal use food fish or shellfish.
(2) A business in the state to engage in the wholesale
selling, buying, or brokering of food fish or shellfish. A
wholesale fish dealer’s license is not required of those
businesses which buy exclusively from Washington licensed
wholesale dealers and sell solely at retail.
(3) Fishermen who land and sell their catch or harvest
in the state to anyone other than a licensed wholesale dealer
(2002 Ed.)
Food Fish and Shellfish—Commercial Licenses
within or outside the state, unless the fisher has a direct
retail endorsement.
(4) A business to engage in the commercial manufacture
or preparation of fertilizer, oil, meal, caviar, fish bait, or
other byproducts from food fish or shellfish.
(5) A business employing a fish buyer as defined under
RCW 77.65.340.
The annual license fee for a wholesale dealer is two
hundred fifty dollars. A wholesale fish dealer’s license is
not required for persons engaged in the processing, wholesale selling, buying, or brokering of private sector cultured
aquatic products as defined in RCW 15.85.020. However,
if a means of identifying such products is required by rules
adopted under RCW 15.85.060, the exemption from licensing
requirements established by this subsection applies only if
the aquatic products are identified in conformance with those
rules. [2002 c 301 § 5; 2000 c 107 § 48; 1993 sp.s. c 17 §
43; 1989 c 316 § 16. Prior: 1985 c 457 § 20; 1985 c 248
§ 1; 1983 1st ex.s. c 46 § 132; 1979 c 66 § 1; 1965 ex.s. c
28 § 1; 1955 c 212 § 11; 1955 c 12 § 75.28.300; prior:
1951 c 271 § 28; 1949 c 112 § 72(1); Rem. Supp. 1949 §
5780-510(1). Formerly RCW 75.28.300.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
77.65.290 Wholesale fish dealer licenses—Display.
Wholesale fish dealer licenses shall be displayed at the
business premises of the licensee. [1993 c 340 § 52; 1983
1st ex.s. c 46 § 110; 1955 c 12 § 75.28.070. Prior: 1949 c
112 § 74, part; Rem. Supp. 1949 § 5780-512, part. Formerly RCW 75.28.302, 75.28.070.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.300 Wholesale fish dealer may be a fish
buyer. A wholesale dealer who is an individual may be a
fish buyer. [1985 c 248 § 3. Formerly RCW 75.28.305.]
77.65.310 Wholesale fish dealers—Documentation
of commercial harvest. Wholesale fish dealers are responsible for documenting the commercial harvest of food fish
and shellfish according to the rules of the department. The
director may allow only wholesale fish dealers or their
designees to receive the forms necessary for the accounting
of the commercial harvest of food fish and shellfish. [1996
c 267 § 29; 1985 c 248 § 4. Formerly RCW 75.28.315.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
77.65.320 Wholesale fish dealers—Performance
bond. (1) A wholesale fish dealer shall not take possession
of food fish or shellfish until the dealer has deposited with
the department an acceptable performance bond on forms
prescribed and furnished by the department. This performance bond shall be a corporate surety bond executed in
favor of the department by a corporation authorized to do
business in the state of Washington under chapter 48.28
(2002 Ed.)
77.65.280
RCW and approved by the department. The bond shall be
filed and maintained in an amount equal to one thousand
dollars for each buyer engaged by the wholesale dealer. In
no case shall the bond be less than two thousand dollars nor
more than fifty thousand dollars.
(2) A wholesale dealer shall, within seven days of
engaging additional fish buyers, notify the department and
increase the amount of the bonding required in subsection
(1) of this section.
(3) The director may suspend and refuse to reissue a
wholesale fish dealer’s license of a dealer who has taken
possession of food fish or shellfish without an acceptable
performance bond on deposit with the department.
(4) The bond shall be conditioned upon the compliance
with the requirements of this chapter and rules of the
department relating to the payment of fines for violations of
rules for the accounting of the commercial harvest of food
fish or shellfish. In lieu of the surety bond required by this
section the wholesale fish dealer may file with the department a cash deposit, negotiable securities acceptable to the
department, or an assignment of a savings account or of a
savings certificate in a Washington bank on an assignment
form prescribed by the department.
(5) Liability under the bond shall be maintained as long
as the wholesale fish dealer engages in activities under RCW
77.65.280 unless released. Liability under the bond may be
released only upon written notification from the department.
Notification shall be given upon acceptance by the department of a substitute bond or forty-five days after the
expiration of the wholesale fish dealer’s annual license. In
no event shall the liability of the surety exceed the amount
of the surety bond required under this chapter. [2000 c 107
§ 49; 1996 c 267 § 30; 1985 c 248 § 6. Formerly RCW
75.28.323.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
77.65.330 Wholesale fish dealers—Performance
bond—Payment of liability. The director shall promptly
notify by order a wholesale dealer and the appropriate surety
when a violation of rules relating to the accounting of commercial harvest has occurred. The notification shall specify
the type of violation, the liability to be imposed for damages
caused by the violation, and a notice that the amount of
liability is due and payable to the department by the wholesale fish dealer and the surety.
If the amount specified in the order is not paid within
thirty days after receipt of the notice, the prosecuting
attorney for any county in which the persons to whom the
order is directed do business, or the attorney general upon
request of the department, may bring an action on behalf of
the state in the superior court for Thurston county or any
county in which the persons to whom the order is directed
do business to recover the amount specified in the final order
of the department. The surety shall be liable to the state to
the extent of the bond. [1985 c 248 § 7. Formerly RCW
75.28.328.]
77.65.340 Fish buyer’s license—Fee. (1) A fish
buyer’s license is required of and shall be carried by each
individual engaged by a wholesale fish dealer to purchase
[Title 77 RCW—page 81]
77.65.340
Title 77 RCW: Fish and Wildlife
food fish or shellfish from a licensed commercial fisherman.
A fish buyer may represent only one wholesale fish dealer.
(2) The annual fee for a fish buyer’s license is ninetyfive dollars. [2000 c 107 § 50; 1993 sp.s. c 17 § 46; 1989
c 316 § 17; 1985 c 248 § 2. Formerly RCW 75.28.340.]
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
77.65.350 Salmon charter crew member—Salmon
roe license—Sale of salmon roe—Conditions. (1) A salmon roe license is required for a crew member on a boat
designated on a salmon charter license to sell salmon roe as
provided in subsection (2) of this section. An individual
under sixteen years of age may hold a salmon roe license.
(2) A crew member on a boat designated on a salmon
charter license may sell salmon roe taken from fish caught
for personal use, subject to rules of the department and the
following conditions:
(a) The salmon is taken by an angler fishing on the
charter boat;
(b) The roe is the property of the angler until the roe is
given to the crew member. The crew member shall notify
the charter boat’s passengers of this fact;
(c) The crew member sells the roe to a licensed wholesale dealer; and
(d) The crew member is licensed as provided in subsection (1) of this section and has the license in possession
whenever the crew member sells salmon roe. [1996 c 267
§ 31; 1993 c 340 § 22; 1989 c 316 § 18; 1983 1st ex.s. c 46
§ 137; 1981 c 227 § 2. Formerly RCW 75.28.690.]
Intent—Effective date—1996 c 267: See notes following RCW
77.12.177.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.360 License fee increases—Disposition. All
revenues generated from the license fee increases in chapter
316, Laws of 1989 shall be deposited in the general fund and
shall be appropriated for the food fish and shellfish enhancement programs. [1989 c 316 § 20. Formerly RCW
75.28.700.]
77.65.370 Professional salmon guide license. (1) A
person shall not offer or perform the services of a professional salmon guide in the taking of salmon for personal use
in freshwater rivers and streams, other than in that part of
the Columbia river below the bridge at Longview, without a
professional salmon guide license.
(2) Only an individual at least sixteen years of age may
hold a professional salmon guide license. No individual may
hold more than one professional salmon guide license.
[1998 c 190 § 98; 1993 c 340 § 26; 1991 c 362 § 2.
Formerly RCW 75.28.710.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.380 Ocean pink shrimp—Defined. Unless the
context clearly requires otherwise, as used in this chapter
[Title 77 RCW—page 82]
"ocean pink shrimp" means the species Pandalus jordani.
[1993 c 376 § 2. Formerly RCW 75.28.720.]
Findings—1993 c 376: "The legislature finds that the offshore
Washington, Oregon, and California commercial ocean pink shrimp fishery
is composed of a mobile fleet, fishing the entire coast from Washington to
California and landing its catch in the state nearest the area being fished.
The legislature further finds that the ocean pink shrimp fishery currently
uses the entire available resource, and has the potential to become
overcapitalized. The legislature further finds that overcapitalization can lead
to economic destabilization, and that reductions in fishing opportunities
from licensing restrictions imposed for conservation needs and the economic
well-being of the ocean pink shrimp industry creates uncertainty. The
legislature further finds that it is [in] the best interest of the ocean pink
shrimp resource, commercial ocean pink shrimp fishers, and ocean pink
shrimp processors in the state, to limit the number of fishers who make
landings of ocean pink shrimp into the state of Washington to those persons
who have historically and continuously participated in the ocean pink
shrimp fishery." [1993 c 376 § 1.]
Effective date—1993 c 376: "This act shall take effect January 1,
1994." [1993 c 376 § 12.]
77.65.390 Ocean pink shrimp—Delivery license—
Fee. An ocean pink shrimp delivery license is required to
deliver ocean pink shrimp taken in offshore waters and
delivered to a port in the state. The annual license fee is
one hundred fifty dollars for residents and three hundred
dollars for nonresidents. Ocean pink shrimp delivery
licenses are transferable. [2000 c 107 § 51; 1993 c 376 § 4.
Formerly RCW 75.28.730.]
Findings—Effective date—1993 c 376: See notes following RCW
77.65.380.
77.65.400 Emerging commercial fishery—Trial or
experimental fishery—Licenses and permits. (1) The
director may by rule designate a fishery as an emerging
commercial fishery. The director shall include in the
designation whether the fishery is one that requires a vessel.
(2) "Emerging commercial fishery" means the commercial taking of a newly classified species of food fish or
shellfish, the commercial taking of a classified species with
gear not previously used for that species, or the commercial
taking of a classified species in an area from which that
species has not previously been commercially taken. Any
species of food fish or shellfish commercially harvested in
Washington state as of June 7, 1990, may be designated as
a species in an emerging commercial fishery, except that no
fishery subject to a license limitation program in chapter
77.70 RCW may be designated as an emerging commercial
fishery.
(3) A person shall not take food fish or shellfish in a
fishery designated as an emerging commercial fishery
without an emerging commercial fishery license and a permit
from the director. The director shall issue two types of
permits to accompany emerging commercial fishery licenses:
Trial fishery permits and experimental fishery permits. Trial
fishery permits are governed by subsection (4) of this
section. Experimental fishery permits are governed by RCW
77.70.160.
(4) The director shall issue trial fishery permits for a
fishery designated as an emerging commercial fishery unless
the director determines there is a need to limit the number of
participants under RCW 77.70.160. A person who meets the
qualifications of RCW 77.65.040 may hold a trial fishery
permit. The holder of a trial fishery permit shall comply
(2002 Ed.)
Food Fish and Shellfish—Commercial Licenses
with the terms of the permit. Trial fishery permits are not
transferable from the permit holder to any other person.
[2000 c 107 § 52; 1998 c 190 § 99; 1993 c 340 § 18.
Formerly RCW 75.28.740.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.65.410 Geoduck diver license. Every diver
engaged in the commercial harvest of geoduck clams shall
obtain a nontransferable geoduck diver license. [1993 c 340
§ 24; 1990 c 163 § 6; 1989 c 316 § 13; 1983 1st ex.s. c 46
§ 130; 1979 ex.s. c 141 § 4; 1969 ex.s. c 253 § 4. Formerly
RCW 75.28.750, 75.28.287.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Construction—Severability—1969 ex.s. c 253: See notes following
RCW 77.60.070.
Designation of aquatic lands for geoduck harvesting: RCW 79.96.085.
Geoducks, harvesting for commercial purposes—License: RCW 77.60.070.
77.65.420 Wild salmonid policy—Establishment.
By July 1, 1994, the commission jointly with the appropriate
Indian tribes, shall each establish a wild salmonid policy.
The policy shall ensure that department actions and programs
are consistent with the goals of rebuilding wild stock populations to levels that permit commercial and recreational
fishing opportunities. [2000 c 107 § 53; 1993 sp.s. c 4 § 2.
Formerly RCW 75.28.760.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
Instream flows: RCW 90.22.060.
Salmon, impact of water diversion: RCW 90.03.360.
77.65.430 Wild salmonid policy—Management
strategies and gear types. The director shall evaluate and
recommend, in consultation with the Indian tribes, salmon
fishery management strategies and gear types, as well as a
schedule for implementation, that will minimize the impact
of commercial and recreational fishing in the mixed stock
fishery on critical and depressed wild stocks of salmonids.
As part of this evaluation, the director, in conjunction with
the commercial and recreational fishing industries, shall
evaluate commercial and recreational salmon fishing gear
types developed by these industries. [2000 c 107 § 54; 1998
c 245 § 153; 1994 c 264 § 46; 1993 sp.s. c 4 § 4. Formerly
RCW 75.28.770.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
77.65.440 Alternate operator—Geoduck diver—
Salmon guide—Fees. The director shall issue the personal
licenses listed in this section according to the requirements
of this title. The licenses and their annual fees are:
Personal License
Annual Fee
(RCW 77.95.090 Surcharge)
Resident
(1) Alternate Operator
(2) Geoduck Diver
(3) Salmon Guide
Nonresident
$ 35
$185
$130
(plus $20)
$ 35
$295
$630
(plus $100)
Governing
Section
RCW 77.65.130
RCW 77.65.410
RCW 77.65.370
[2000 c 107 § 55; 1993 sp.s. c 17 § 42. Formerly RCW
75.28.780.]
(2002 Ed.)
77.65.400
Contingent effective date—1993 sp.s. c 17 §§ 34-47: See note
following RCW 77.65.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
77.65.450 Trapper’s license. A state trapping license
allows the holder to trap fur-bearing animals throughout the
state; however, a trapper may not place traps on private
property without permission of the owner, lessee, or tenant
where the land is improved and apparently used, or where
the land is fenced or enclosed in a manner designed to
exclude intruders or to indicate a property boundary line, or
where notice is given by posting in a conspicuous manner.
A state trapping license is void on April 1st following the
date of issuance. The fee for this license is thirty-six dollars
for residents sixteen years of age or older, fifteen dollars for
residents under sixteen years of age, and one hundred eighty
dollars for nonresidents. [1991 sp.s. c 7 § 3; 1987 c 372 §
3; 1985 c 464 § 4; 1981 c 310 § 23. Prior: 1980 c 78 §
113; 1980 c 24 § 2; 1975 1st ex.s. c 15 § 28. Formerly
RCW 77.32.191.]
Effective date—1991 sp.s. c 7: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1991." [1991 sp.s. c 7 § 14.]
Effective date—1985 c 464: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 464 § 13.]
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Effective dates—1975 1st ex.s. c 15: "Section 19 of this 1975
amendatory act shall be effective April 1, 1976. Sections 20 through 32 of
this 1975 amendatory act shall be effective January 1, 1976." [1975 1st
ex.s. c 15 § 34.]
Traps placed on private property: RCW 77.32.545, 77.15.191.
77.65.460 Trapper’s license—Training program or
examination requisite for issuance to initial licensee.
Persons purchasing a state trapping license for the first time
shall present certification of completion of a course of
instruction in safe, humane, and proper trapping techniques
or pass an examination to establish that the applicant has the
requisite knowledge.
The director shall establish a program for training
persons in trapping techniques and responsibilities, including
the use of trapping devices designed to painlessly capture or
instantly kill. The director shall cooperate with national and
state animal, humane, hunter education, and trapping
organizations in the development of a curriculum. Upon
successful completion of the course, trainees shall receive a
trapper’s training certificate signed by an authorized instructor. This certificate is evidence of compliance with this
section. [1987 c 506 § 82; 1981 c 310 § 24; 1980 c 78 §
114; 1977 c 43 § 1. Formerly RCW 77.32.197.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
[Title 77 RCW—page 83]
77.65.480
Title 77 RCW: Fish and Wildlife
77.65.480 Taxidermist, fur dealer, fishing guide,
game farmer, anadromous game fish buyer—Licenses—
Fish stocking and game contest permits. (1) A taxidermy
license allows the holder to practice taxidermy for profit.
The fee for this license is one hundred eighty dollars.
(2) A fur dealer’s license allows the holder to purchase,
receive, or resell raw furs for profit. The fee for this license
is one hundred eighty dollars.
(3) A fishing guide license allows the holder to offer or
perform the services of a professional guide in the taking of
game fish. The fee for this license is one hundred eighty
dollars for a resident and six hundred dollars for a nonresident.
(4) A game farm license allows the holder to operate a
game farm to acquire, breed, grow, keep, and sell wildlife
under conditions prescribed by the rules adopted pursuant to
this title. The fee for this license is seventy-two dollars for
the first year and forty-eight dollars for each following year.
(5) A game fish stocking permit allows the holder to
release game fish into the waters of the state as prescribed
by rule of the commission. The fee for this permit is
twenty-four dollars.
(6) A fishing or field trial permit allows the holder to
promote, conduct, hold, or sponsor a fishing or field trial
contest in accordance with rules of the commission. The fee
for a fishing contest permit is twenty-four dollars. The fee
for a field trial contest permit is twenty-four dollars.
(7) An anadromous game fish buyer’s license allows the
holder to purchase or sell steelhead trout and other
anadromous game fish harvested by Indian fishermen lawfully exercising fishing rights reserved by federal statute,
treaty, or executive order, under conditions prescribed by
rule of the director. The fee for this license is one hundred
eighty dollars. [1991 sp.s. c 7 § 4; 1987 c 506 § 83; 1985
c 464 § 5; 1983 c 284 § 3; 1981 c 310 § 25; 1980 c 78 §
115; 1975 1st ex.s. c 15 § 30. Formerly RCW 77.32.211.]
Effective date—1991 sp.s. c 7: See note following RCW 77.65.450.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Effective date—1985 c 464: See note following RCW 77.65.450.
Findings—Intent—1983 c 284: See note following RCW 82.27.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Effective dates—1975 1st ex.s. c 15: See note following RCW
77.65.450.
77.65.490 Activities requiring license/permit. (1) A
license issued by the director is required to:
(a) Practice taxidermy for commercial purposes;
(b) Deal in raw furs for commercial purposes;
(c) Act as a fishing guide;
(d) Operate a game farm; or
(e) Purchase or sell anadromous game fish.
(2) A permit issued by the director is required to:
(a) Conduct, hold, or sponsor hunting or fishing contests
or competitive field trials using live wildlife;
(b) Collect wild animals, wild birds, game fish, food
fish, shellfish, or protected wildlife for research or display;
(c) Stock game fish; or
[Title 77 RCW—page 84]
(d) Conduct commercial activities on department-owned
or controlled lands.
(3) Aquaculture as defined in RCW 15.85.020 is exempt
from the requirements of this section, except when being
stocked in public waters under contract with the department.
[2001 c 253 § 56.]
77.65.500 Reports required from persons with
licenses or permits under RCW 77.65.480. Licensed
taxidermists, fur dealers, anadromous game fish buyers, fishing guides, game farmers, and persons stocking game fish or
conducting a hunting, fishing, or field trial contest shall
make reports as required by rules of the director. [1987 c
506 § 84; 1983 c 284 § 4; 1981 c 310 § 26; 1980 c 78 §
116; 1955 c 36 § 77.32.220. Prior: 1947 c 275 § 111; Rem.
Supp. 1947 § 5992-120. Formerly RCW 77.32.220.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Findings—Intent—1983 c 284: See note following RCW 82.27.020.
Effective dates—Legislative intent—1981 c 310: See notes
following RCW 77.12.170.
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.65.510 Direct retail endorsement—Fee—
Responsibilities of holder. (1) The department must
establish and administer a direct retail endorsement to serve
as a single license that permits the holder of a Washington
salmon or crab commercial fishing license to clean, dress,
and sell his or her catch directly to consumers at retail,
including over the internet. The direct retail endorsement
must be issued as an optional addition to all holders of a
salmon or crab commercial fishing license that the department offers under this chapter.
(2) The direct retail endorsement must be offered at the
time of application for the qualifying commercial fishing
license. Individuals in possession of a qualifying commercial fishing license issued under this chapter may add a
direct retail endorsement to their current license at the time
they renew their commercial fishing license. Individuals
who do not have a commercial fishing license for salmon or
crab issued under this chapter may not receive a direct retail
endorsement. The costs, conditions, responsibilities, and
privileges associated with the endorsed commercial fishing
license is not affected or altered in any way by the addition
of a direct retail endorsement. These costs include the base
cost of the license and any revenue and excise taxes.
(3) An individual need only add one direct retail
endorsement to his or her license portfolio. If a direct retail
endorsement is selected by an individual holding more than
one commercial fishing license issued under this chapter, a
single direct retail endorsement is considered to be added to
all qualifying commercial fishing licenses held by that
individual, and is the only license required for the individual
to sell at retail the harvest of salmon or crab permitted by all
of the underlying endorsed licenses. The direct retail
endorsement applies only to the person named on the
endorsed license, and may not be used by an alternate
operator named on the endorsed license.
(4) In addition to any fees charged for the endorsed
licenses and harvest documentation as required by this
chapter or the rules of the department, the department may
(2002 Ed.)
Food Fish and Shellfish—Commercial Licenses
set a reasonable annual fee not to exceed the administrative
costs to the department for a direct retail endorsement.
(5) The holder of a direct retail endorsement is responsible for documenting the commercial harvest of salmon and
crab according to the provisions of this chapter, the rules of
the department for a wholesale fish dealer, and the reporting
requirements of the endorsed license. Any salmon or crab
caught by the holder of a direct retail endorsement must be
landed in the round and documented on fish tickets, as
provided for by the department, before further processing.
(6) The direct retail endorsement must be displayed in
a readily visible manner by the seller wherever and whenever a sale to someone other than a licensed wholesale dealer
occurs. For sales occurring in a venue other than in person,
such as over the internet, through a catalog, or on the phone,
the direct retail endorsement number of the seller must be
provided to the buyer both at the time of sale and the time
of delivery. All internet sales must be conducted in accordance with federal laws and regulations.
(7) The direct retail endorsement is to be held by a
natural person and is not transferrable or assignable. If the
endorsed license is transferred, the direct retail endorsement
immediately becomes void, and the transferor is not eligible
for a full or prorated reimbursement of the annual fee paid
for the direct retail endorsement. Upon becoming void, the
holder of a direct retail endorsement must surrender the
physical endorsement to the department.
(8) The holder of a direct retail endorsement must abide
by the provisions of Title 69 RCW as they apply to the
processing and retail sale of seafood. The department must
distribute a pamphlet, provided by the department of agriculture, with the direct retail endorsement generally describing
the labeling requirements set forth in chapter 69.04 RCW as
they apply to seafood.
(9) The holder of a qualifying commercial fishing
license issued under this chapter must either possess a direct
retail endorsement or a wholesale dealer license provided for
in RCW 77.65.280 in order to lawfully sell their catch or
harvest in the state to anyone other than a licensed wholesale
dealer.
(10) The direct retail endorsement entitles the holder to
sell wild-caught salmon or crab only at a temporary food
service establishment as that term is defined in RCW
69.06.045. [2002 c 301 § 2.]
Finding—2002 c 301: "The legislature finds that commercial fishing
is vitally important not just to the economy of Washington, but also to the
cultural heritage of the maritime communities in the state. Fisher men and
women have a long and proud history in the Pacific Northwest. State and
local governments should seek out ways to enable and encourage these
professionals to share the rewards of their craft with the nonfishing citizens
of and visitors to the state of Washington by encouraging the exploration
and development of new niche markets." [2002 c 301 § 1.]
Effective date—2002 c 301: "This act takes effect July 1, 2002."
[2002 c 301 § 12.]
77.65.515 Direct retail endorsement—Requirements.
(1) Prior to being issued a direct retail endorsement, an
individual must:
(a) Obtain and submit to the department a signed letter
on appropriate letterhead from the health department of the
county in which the individual makes his or her official
residence or where the hailing port for any documented
vessel owned by the individual is located as to the fulfill(2002 Ed.)
77.65.510
ment of all requirements related to county health rules,
including the payment of all required fees. The local health
department generating the letter may charge a reasonable fee
for any necessary inspections. The letter must certify that
the methods used by the individual to transport, store, and
display fresh salmon and crabs meets that county’s standards
and the statewide standards adopted by the board of health
for food service operations; and
(b) Submit proof to the department that the individual
making the direct retail sales is in possession of a valid food
and beverage service worker’s permit, as provided for in
chapter 69.06 RCW.
(2) The requirements of subsection (1) of this section
must be completed each license year before a renewal direct
retail endorsement can be issued.
(3) Any individual possessing a direct retail endorsement must notify the local health department of the county
in which retail sales are to occur, except for the county that
conducted the initial inspection, forty-eight hours before any
transaction and make his or her facilities available for
inspection by a fish and wildlife officer, the local health
department of any county in which he or she sells salmon or
crab, and any designee of the department of health or the
department of agriculture.
(4) Neither the department or a local health department
may be held liable in any judicial proceeding alleging that
consumption of or exposure to seafood sold by the holder of
a direct retail endorsement resulted in a negative health
consequence, as long as the department can show that the
individual holding the direct retail endorsement complied
with the requirements of subsection (1) of this section prior
to being issued his or her direct retail license, and neither the
department nor a local health department acted in a reckless
manner. For the purposes of this subsection, the department
or a local health district shall not be deemed to be acting
recklessly for not conducting a permissive inspection. [2002
c 301 § 3.]
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
77.65.520 Direct retail endorsement—Compliance—
Violations—Suspension. (1) The direct retail endorsement
is conditioned upon compliance:
(a) With the requirements of this chapter as they apply
to wholesale fish dealers and to the rules of the department
relating to the payment of fines for violations of rules for the
accounting of the commercial harvest of salmon or crabs;
and
(b) With the state board of health and local rules for
food service establishments.
(2) Violations of the requirements and rules referenced
in subsection (1) of this section may result in the suspension
of the direct retail endorsement. The suspended individual
must not be reimbursed for any portion of the suspended
endorsement. Suspension of the direct retail endorsement
may not occur unless and until:
(a) The director has notified by order the holder of the
direct retail endorsement when a violation of subsection (1)
of this section has occurred. The notification must specify
the type of violation, the liability to be imposed for damages
caused by the violation, a notice that the amount of liability
is due and payable by the holder of the direct retail endorse[Title 77 RCW—page 85]
77.65.520
Title 77 RCW: Fish and Wildlife
ment, and an explanation of the options available to satisfy
the liability; and
(b) The holder of the direct retail endorsement has had
at least ninety days after the notification provided in (a) of
this subsection was received to either make full payment for
all liabilities owed or enter into an agreement with the
department to pay off all liabilities within a reasonable time.
(3)(a) If, within ninety days after receipt of the order
provided in subsection (2)(a) of this section, the amount
specified in the order is not paid or the holder of the direct
retail endorsement has not entered into an agreement with
the department to pay off all liabilities, the prosecuting
attorney for any county in which the persons to whom the
order is directed do business, or the attorney general upon
request of the department, may bring an action on behalf of
the state in the superior court for Thurston county, or any
county in which the persons to whom the order is directed
do business, to seek suspension of the individual’s direct
retail endorsement for up to five years.
(b) The department may temporarily suspend the
privileges provided by the direct retail endorsement for up to
one hundred twenty days following the receipt of the order
provided in subsection (2)(a) of this section, unless the
holder of the direct retail endorsement has deposited with the
department an acceptable performance bond on forms
prescribed and provided by the department. This performance bond must be a corporate surety bond executed in
favor of the department by a corporation authorized to do
business in the state of Washington under chapter 48.28
RCW and approved by the department. The bond must be
filed and maintained in an amount equal to one thousand
dollars.
(4) For violations of state board of health and local rules
under subsection (1)(b) of this section only, any person
inspecting the facilities of a direct retail endorsement holder
under RCW 77.65.515 may suspend the privileges granted
by the endorsement for up to seven days. Within twentyfour hours of the discovery of the violation, the inspecting
entity must notify the department of the violation. Upon
notification, the department may proceed with the procedures
outlined in this section for suspension of the endorsement.
If the violation of a state board of health rule is discovered
by a local health department, that local jurisdiction may fine
the holder of the direct retail endorsement according to the
local jurisdiction’s rules as they apply to retail food operations.
(5) Subsections (2) and (3) of this section do not apply
to a holder of a direct retail endorsement that executes a
surety bond and abides by the conditions established in
RCW 77.65.320 and 77.65.330 as they apply to wholesale
dealers. [2002 c 301 § 4.]
Chapter 77.70
LICENSE LIMITATION PROGRAMS
Sections
77.70.010
77.70.020
77.70.040
77.70.050
77.70.060
77.70.070
77.70.080
77.70.090
77.70.100
77.70.110
77.70.120
77.70.130
77.70.140
77.70.150
77.70.160
77.70.170
77.70.180
77.70.190
77.70.200
77.70.210
77.70.220
77.70.230
77.70.240
77.70.250
77.70.260
77.70.280
77.70.290
77.70.300
77.70.310
77.70.320
77.70.330
Finding—Effective date—2002 c 301: See notes following RCW
77.65.510.
77.70.340
77.65.900 Effective date—1989 c 316. This act shall
take effect on January 1, 1990. The *director of fisheries
may immediately take such steps as are necessary to ensure
that this act is implemented on its effective date. [1989 c
316 § 22. Formerly RCW 75.28.900.]
77.70.350
*Reviser’s note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department
of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
[Title 77 RCW—page 86]
77.70.360
77.70.370
77.70.380
License renewed subject to RCW 77.65.080.
No harvest opportunity during year—License requirements
waived—Effect on license limitation programs.
Administrative review of department’s decision—Hearing—
Procedures.
Salmon charter boats—Limitation on issuance of licenses—
Renewal—Transfer.
Salmon charter boats—Angler permit, when required.
Salmon charter boats—Angler permit—Number of anglers.
Salmon charter boats—Angler permit—Total number of
anglers limited—Permit transfer.
Commercial salmon fishing licenses and delivery licenses—
Limitations—Transfer.
Commercial salmon fishery license or salmon delivery license—Reversion to department following government
confiscation of vessel.
Dungeness crab-Puget Sound fishery license—Limitations—
Qualifications.
Herring fishery license—Limitations on issuance.
Whiting-Puget Sound fishery license—Limitation on issuance.
Whiting-Puget Sound fishery license—Transferable to family members.
Sea urchin dive fishery license—Limitation on issuance—
Surcharge—Sea urchin dive fishery account—Transfer
of license—Issuance of new licenses.
Emerging commercial fishery designation—Experimental
fishery permits.
Emerging commercial fishery designation—Legislative
review.
Emerging commercial fishery—License status—
Recommendations to legislature—Information included
in report.
Sea cucumber dive fishery license—Limitation on issuance—Surcharge—Sea cucumber dive fishery account—
Transfer of license—Issuance of new licenses.
Herring spawn on kelp fishery licenses—Number limited.
Herring spawn on kelp fishery license—Auction.
Geoduck fishery license—Conditions and limitations—
OSHA regulations—Violations.
Ocean pink shrimp—Delivery license—Requirements and
criteria—Continuous participation.
Ocean pink shrimp—Delivery license—Requirements and
criteria—Historical participation.
Ocean pink shrimp—Delivery license—License transfer—
License suspension.
Ocean pink shrimp—Single delivery license.
Crab fishery—License required—Dungeness crab-coastal
fishery license—Dungeness crab-coastal class B fishery
license—Coastal crab and replacement vessel defined.
Crab taken in offshore waters—Criteria for landing in Washington state—Limitations.
Crab taken in offshore waters—Dungeness crab offshore
delivery license—Fee.
Transfer of Dungeness crab-coastal fishery licenses—Fee.
Coastal crab account—Created—Revenues—Expenditures.
Coastal crab account expenditures—Management of coastal
crab resource.
Criteria for nonresident Dungeness crab-coastal fishery
license for Oregon residents—Section effective contingent upon reciprocal statutory authority in Oregon.
Restrictions on designations and substitutions on Dungeness
crab-coastal fishery licenses and Dungeness crab-coastal
class B fishery licenses.
Dungeness crab-coastal fishery licenses—Limitation on new
licenses—Requirements for renewal.
Limitation on taking crab in the exclusive economic zone of
Oregon or California—Section effective contingent upon
reciprocal legislation by both Oregon and California.
Dungeness crab-coastal fishery licenses—Criteria for issuing
new licenses.
(2002 Ed.)
License Limitation Programs
77.70.390
77.70.400
77.70.410
77.70.420
77.70.430
77.70.440
Reduction of landing requirements under RCW 77.70.280—
Procedure.
Coastal Dungeness crab resource plan.
Shrimp pot-Puget Sound fishery—Limited entry fishery—
License analogous to personal property—
Transferability—Alternate operator designation.
Shrimp trawl-Puget Sound fishery—Limited entry fishery—
License analogous to personal property—
Transferability—Alternate operator.
Puget Sound crab pot buoy tag program—Fee.
Puget Sound crab pot buoy tag account.
77.70.010 License renewed subject to RCW
77.65.080. (1) A license renewed under the provisions of
this chapter that has been suspended under RCW 77.65.080
shall be subject to the following provisions:
(a) A license renewal fee shall be paid as a condition of
maintaining a current license; and
(b) The department shall waive any other license
requirements, unless the department determines that the
license holder has had sufficient opportunity to meet these
requirements.
(2) The provisions of subsection (1) of this section shall
apply only to a license that has been suspended under RCW
77.65.080 for a period of twelve months or less. A license
holder shall forfeit a license subject to this chapter and may
not recover any license renewal fees previously paid if the
license holder does not meet the requirements of RCW
74.20A.320(9) within twelve months of license suspension.
[2001 c 253 § 57; 1997 c 58 § 884. Formerly RCW
75.30.015.]
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
Chapter 77.70
disagrees with the department’s decision and the reasons for
the review board’s findings. Upon receipt of the review
board’s findings the director may order such relief as the
director deems appropriate under the circumstances.
Nothing in this section: (1) Impairs an aggrieved
person’s right to proceed under chapter 34.05 RCW; or (2)
imposes a liability on members of a review board for their
actions under this section. [2000 c 107 § 58; 1995 1st sp.s.
c 2 § 32 (Referendum Bill No. 45, approved November 7,
1995); 1983 1st ex.s. c 46 § 139; 1977 ex.s. c 106 § 6.
Formerly RCW 75.30.060.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Legislative findings—Severability—1977 ex.s. c 106: See notes
following RCW 77.70.050.
77.70.050 Salmon charter boats—Limitation on
issuance of licenses—Renewal—Transfer. (1) After May
28, 1977, the director shall issue no new salmon charter
licenses. A person may renew an existing salmon charter
license only if the person held the license sought to be
renewed during the previous year or acquired the license by
transfer from someone who held it during the previous year,
and if the person has not subsequently transferred the license
to another person.
(2) Salmon charter licenses may be renewed each year.
A salmon charter license which is not renewed each year
shall not be renewed further.
(3) Subject to the restrictions in RCW 77.65.020,
salmon charter licenses are transferrable from one license
holder to another. [2000 c 107 § 59; 1993 c 340 § 28; 1983
1st ex.s. c 46 § 141; 1981 c 202 § 1; 1979 c 101 § 7; 1977
ex.s. c 106 § 2. Formerly RCW 75.30.065, 75.30.020.]
77.70.020 No harvest opportunity during year—
License requirements waived—Effect on license limitation
programs. (1) The director shall waive license requirements, including landing or poundage requirements, if,
during the calendar year that a license issued pursuant to
chapter 77.65 RCW is valid, no harvest opportunity occurs
in the fishery corresponding to the license.
(2) For each license limitation program, where the
person failed to hold the license and failed to make landing
or poundage requirements because of a license waiver by the
director during the previous year, the person shall qualify for
a license by establishing that the person held the license
during the last year in which the license was not waived.
[2000 c 107 § 56; 1995 c 227 § 2. Formerly RCW
75.30.021.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Effective date—Intent—1979 c 101: See notes following RCW
77.70.060.
Legislative findings—1977 ex.s. c 106: "The legislature finds that
the wise management and economic health of the state’s salmon fishery are
of continued importance to the people of the state and to the economy of
the state as a whole. The legislature finds that charter boats licensed by the
state for use by the state’s charter boat fishing industry have increased in
quantity. The legislature finds that limitations on the number of licensed
charter boats will tend to improve the management of the charter boat
fishery and the economic health of the charter boat industry. The state
therefore must use its authority to regulate the number of licensed boats in
use by the state’s charter boat industry in a manner provided in this chapter
so that management and economic health of the salmon fishery may be
improved." [1977 ex.s. c 106 § 1. Formerly RCW 75.30.010.]
Severability—1977 ex.s. c 106: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 106 § 10.]
77.70.040 Administrative review of department’s
decision—Hearing—Procedures. A person aggrieved by
a decision of the department under this chapter may request
administrative review under the informal procedure established by this section.
In an informal hearing before a review board, the rules
of evidence do not apply. A record of the proceeding shall
be kept as provided by chapter 34.05 RCW. After hearing
the case the review board shall notify in writing the director
and the initiating party whether the review board agrees or
77.70.060 Salmon charter boats—Angler permit,
when required. (1) Except as provided in subsection (3) of
this section, a person shall not operate a vessel as a charter
boat from which salmon are taken in salt water without an
angler permit. The angler permit shall specify the maximum
number of persons that may fish from the charter boat per
trip. The angler permit expires if the salmon charter license
is not renewed.
(2002 Ed.)
[Title 77 RCW—page 87]
77.70.060
Title 77 RCW: Fish and Wildlife
(2) Only a person who holds a salmon charter license
issued under RCW 77.65.150 and 77.70.050 may hold an
angler permit.
(3) An angler permit shall not be required for charter
boats licensed in Oregon and fishing in ocean waters within
the jurisdiction of Washington state from the southern border
of the state of Washington to Leadbetter Point under the
same regulations as Washington charter boat operators, as
long as the Oregon vessel does not land at any Washington
port with the purpose of taking on or discharging passengers.
The provisions of this subsection shall be in effect as long
as the state of Oregon has reciprocal laws and regulations.
[2000 c 107 § 60; 1998 c 190 § 100; 1993 c 340 § 29; 1989
c 147 § 2; 1983 1st ex.s. c 46 § 142; 1979 c 101 § 2.
Formerly RCW 75.30.070.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Effective date—1979 c 101: "This act shall take effect on January
1, 1980." [1979 c 101 § 10.]
Intent—1979 c 101: "The legislature finds that wise management of
the state’s salmon fishery is essential to the well-being of the state. The
legislature recognizes that further restrictions on salmon fishing in the
charter salmon industry are necessary and that a limitation on the number
of persons fishing is preferable to reductions in the fishing season or daily
bag limits, or increases in size limits." [1979 c 101 § 1.]
77.70.070 Salmon charter boats—Angler permit—
Number of anglers. A salmon charter boat may not carry
more anglers than the number specified in the angler permit
issued under RCW 77.70.060. Members of the crew may
fish from the boat only to the extent that the number of
anglers specified in the angler permit exceeds the number of
noncrew passengers on the boat at that time. [2000 c 107 §
61; 1993 c 340 § 30; 1983 1st ex.s. c 46 § 143; 1979 c 101
§ 4. Formerly RCW 75.30.090.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Effective date—Intent—1979 c 101: See notes following RCW
77.70.060.
77.70.080 Salmon charter boats—Angler permit—
Total number of anglers limited—Permit transfer. (1)
The total number of anglers authorized by the director shall
not exceed the total number authorized for 1980.
(2) Angler permits issued under RCW 77.70.060 are
transferable. All or a portion of the permit may be transferred to another salmon charter license holder.
(3) The angler permit holder and proposed transferee
shall notify the department when transferring an angler
permit, and the director shall issue a new angler permit
certificate. If the original permit holder retains a portion of
the permit, the director shall issue a new angler permit
certificate reflecting the decrease in angler capacity.
(4) The department shall collect a fee of ten dollars for
each certificate issued under subsection (3) of this section.
[2000 c 107 § 62; 1993 c 340 § 31; 1983 1st ex.s. c 46 §
144; 1979 c 101 § 5. Formerly RCW 75.30.100.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Effective date—Intent—1979 c 101: See notes following RCW
77.70.060.
77.70.090 Commercial salmon fishing licenses and
delivery licenses—Limitations—Transfer. (1) Except as
provided in subsection (2) of this section, after May 6, 1974,
the director shall issue no new commercial salmon fishery licenses or salmon delivery licenses. A person may renew an
existing license only if the person held the license sought to
be renewed during the previous year or acquired the license
by transfer from someone who held it during the previous
year, and if the person has not subsequently transferred the
license to another person.
(2) Where the person failed to obtain the license during
the previous year because of a license suspension, the person
may qualify for a license by establishing that the person held
such a license during the last year in which the license was
not suspended.
(3) Subject to the restrictions in RCW 77.65.020,
commercial salmon fishery licenses and salmon delivery
licenses are transferable from one license holder to another.
[2000 c 107 § 63; 1995 c 135 § 7. Prior: 1993 c 340 § 32;
1993 c 100 § 1; 1983 1st ex.s. c 46 § 146; 1979 c 135 § 1;
1977 ex.s. c 230 § 1; 1977 ex.s. c 106 § 7; 1974 ex.s. c 184
§ 2. Formerly RCW 75.30.120, 75.28.455.]
Intent—1995 c 135: See note following RCW 29.04.160.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Legislative findings—Severability—1977 ex.s. c 106: See notes
following RCW 77.70.050.
Legislative intent—1974 ex.s. c 184: "The legislature finds that the
protection, welfare, and economic good of the commercial salmon fishing
industry is of paramount importance to the people of this state. Scientific
advancement has increased the efficiency of salmon fishing gear. There
presently exists an overabundance of commercial salmon fishing gear in our
state waters which causes great pressure on the salmon fishery resource.
This situation results in great economic waste to the state and prohibits
conservation programs from achieving their goals. The public welfare
requires that the number of commercial salmon fishing licenses and salmon
delivery permits issued by the state be limited to insure that sound
conservation programs can be scientifically carried out. It is the intention
of the legislature to preserve this valuable natural resource so that our food
supplies from such resource can continue to meet the ever increasing
demands placed on it by the people of this state." [1983 1st ex.s. c 46 §
136; 1974 ex.s. c 184 § 1. Formerly RCW 75.28.450.]
Severability—1974 ex.s. c 184: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1974 ex.s. c 184 § 11.]
77.70.100 Commercial salmon fishery license or
salmon delivery license—Reversion to department
following government confiscation of vessel. Any commercial salmon fishery license issued under RCW 77.65.160
or salmon delivery license issued under RCW 77.65.170
shall revert to the department when any government confiscates and sells the vessel designated on the license. Upon
application of the person named on the license as license
holder and the approval of the director, the department shall
transfer the license to the applicant. Application for transfer
of the license must be made within the calendar year for
which the license was issued. [2000 c 107 § 64; 1993 c 340
§ 33; 1986 c 198 § 2. Formerly RCW 75.30.125.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.70.110 Dungeness crab-Puget Sound fishery
license—Limitations—Qualifications. (1) A person shall
[Title 77 RCW—page 88]
(2002 Ed.)
License Limitation Programs
not commercially take Dungeness crab (Cancer magister) in
Puget Sound without first obtaining a Dungeness crab—
Puget Sound fishery license. As used in this section, "Puget
Sound" has the meaning given in RCW 77.65.160(5)(a). A
Dungeness crab—Puget Sound fishery license is not required
to take other species of crab, including red rock crab (Cancer
productus).
(2) Except as provided in subsections (3) and (6) of this
section, after January 1, 1982, the director shall issue no new
Dungeness crab—Puget Sound fishery licenses. Only a
person who meets the following qualification may renew an
existing license: The person shall have held the Dungeness
crab—Puget Sound fishery license sought to be renewed
during the previous year or acquired the license by transfer
from someone who held it during the previous year, and
shall not have subsequently transferred the license to another
person.
(3) Where the person failed to obtain the license during
the previous year because of a license suspension, the person
may qualify for a license by establishing that the person held
such a license during the last year in which the license was
not suspended.
(4) This section does not restrict the issuance of
commercial crab licenses for areas other than Puget Sound
or for species other than Dungeness crab.
(5) Dungeness crab—Puget Sound fishery licenses are
transferable from one license holder to another.
(6) If fewer than one hundred twenty-five persons are
eligible for Dungeness crab—Puget Sound fishery licenses,
the director may accept applications for new licenses. The
director shall determine by random selection the successful
applicants for the additional licenses. The number of
additional licenses issued shall be sufficient to maintain one
hundred twenty-five licenses in the Puget Sound Dungeness
crab fishery. The director shall adopt rules governing the
application, selection, and issuance procedures for new
Dungeness crab—Puget Sound fishery licenses. [2000 c 107
§ 65; 1999 c 151 § 1602; 1998 c 190 § 101. Prior: 1997 c
233 § 1; 1997 c 115 § 1; 1993 c 340 § 34; 1983 1st ex.s. c
46 § 147; 1982 c 157 § 1; 1980 c 133 § 4. Formerly RCW
75.30.130, 75.28.275.]
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Severability—1980 c 133: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 133 § 8.]
Legislative findings—1980 c 133: "The legislature finds that a
significant commercial crab fishery is developing within Puget Sound. The
legislature further finds that the crab fishery in Puget Sound represents a
separate and distinct fishery from that of the coastal waters and is limited
in quantity and is in need of conservation. The potential for depletion of
the crab stocks in these waters is increasing, particularly as crab fishing
becomes an attractive alternative to fishermen facing increasing restrictions
on commercial salmon fishing.
The legislature finds that the number of commercial fishermen
engaged in crab fishing has steadily increased. This factor, combined with
advances in fishing and marketing techniques, has resulted in strong
pressures on the supply of crab, unnecessary waste of an important natural
resource, and economic loss to the citizens of the state.
The legislature finds that increased regulation of commercial crab
fishing is necessary to preserve and efficiently manage the commercial crab
fishery in the waters of Puget Sound." [1980 c 133 § 1.]
(2002 Ed.)
77.70.110
77.70.120 Herring fishery license—Limitations on
issuance. (1) A person shall not fish commercially for
herring in state waters without a herring fishery license. As
used in this section, "herring fishery license" means any of
the following commercial fishery licenses issued under RCW
77.65.200: Herring dip bag net; herring drag seine; herring
gill net; herring lampara; herring purse seine.
(2) Except as provided in this section, a herring fishery
license may be issued only to a person who held the license
sought to be renewed during the previous year or acquired
the license by transfer from someone who held it during the
previous year, and if the person has not subsequently
transferred the license to another person.
(3) Herring fishery licenses may be renewed each year.
A herring fishery license that is not renewed each year shall
not be renewed further.
(4) The director may issue additional herring fishery
licenses if the stocks of herring will not be jeopardized by
granting additional licenses.
(5) Subject to the restrictions of RCW 77.65.020,
herring fishery licenses are transferable from one license
holder to another. [2000 c 107 § 66; 1998 c 190 § 102;
1993 c 340 § 35; 1983 1st ex.s. c 46 § 148; 1974 ex.s. c 104
§ 1; 1973 1st ex.s. c 173 § 4. Formerly RCW 75.30.140,
75.28.420.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Legislative findings—Purpose—1973 1st ex.s. c 173: "The
legislature finds that a significant commercial herring fishing industry is
presently developing in the state of Washington under the careful guidance
of the department of fisheries. The legislature further finds that the stocks
of herring within the waters of this state are limited in extent and are in
need of strict preservation.
In addition, the legislature finds that the number of commercial
fishermen engaged in fishing for herring has steadily increased. This factor,
combined with advances made in fishing and marketing techniques, has
resulted in strong pressures on the supply of herring, unnecessary waste in
one of Washington’s valuable resources, and economic loss to the citizens
of this state. Therefore, it is the purpose of RCW 75.30.140 to establish
reasonable procedures for controlling the extent of commercial herring
fishing." [1983 1st ex.s. c 46 § 135; 1973 1st ex.s. c 173 § 2. Formerly
RCW 75.28.390 and 75.28.400.]
77.70.130 Whiting-Puget Sound fishery license—
Limitation on issuance. (1) A person shall not commercially take whiting from areas that the department designates
within the waters described in RCW 77.65.160(5)(a) without
a whiting-Puget Sound fishery license.
(2) A whiting-Puget Sound fishery license may be
issued only to an individual who:
(a) Delivered at least fifty thousand pounds of whiting
during the period from January 1, 1981, through February
22, 1985, as verified by fish delivery tickets;
(b) Possessed, on January 1, 1986, all equipment
necessary to fish for whiting; and
(c) Held a whiting-Puget Sound fishery license during
the previous year or acquired such a license by transfer from
someone who held it during the previous year.
(3) After January 1, 1995, the director shall issue no
new whiting-Puget Sound fishery licenses. After January 1,
1995, only an individual who meets the following qualifications may renew an existing license: The individual shall
have held the license sought to be renewed during the
previous year or acquired the license by transfer from
[Title 77 RCW—page 89]
77.70.130
Title 77 RCW: Fish and Wildlife
someone who held it during the previous year, and shall not
have subsequently transferred the license to another person.
(4) Whiting-Puget Sound fishery licenses may be
renewed each year. A whiting-Puget Sound fishery license
that is not renewed each year shall not be renewed further.
[2000 c 107 § 67; 1993 c 340 § 39; 1986 c 198 § 5.
Formerly RCW 75.30.170.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.70.140 Whiting-Puget Sound fishery license—
Transferable to family members. A whiting-Puget Sound
fishery license may be transferred through gift, devise, bequest, or descent to members of the license holder’s immediate family which shall be limited to spouse, children, or
stepchildren. The holder of a whiting-Puget Sound fishery
license shall be present on any vessel taking whiting under
the license. In no instance may temporary permits be issued.
The director may adopt rules necessary to implement
RCW 77.70.130 and 77.70.140. [2000 c 107 § 68; 1993 c
340 § 40; 1986 c 198 § 4. Formerly RCW 75.30.180.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.70.150 Sea urchin dive fishery license—
Limitation on issuance—Surcharge—Sea urchin dive
fishery account—Transfer of license—Issuance of new
licenses. (1) A sea urchin dive fishery license is required to
take sea urchins for commercial purposes. A sea urchin dive
fishery license authorizes the use of only one diver in the
water at any time during sea urchin harvest operations. If
the same vessel has been designated on two sea urchin dive
fishery licenses, two divers may be in the water. A natural
person may not hold more than two sea urchin dive fishery
licenses.
(2) Except as provided in subsection (6) of this section,
the director shall issue no new sea urchin dive fishery
licenses. For licenses issued for the year 2000 and thereafter, the director shall renew existing licenses only to a
natural person who held the license at the end of the
previous year. If a sea urchin dive fishery license is not
held by a natural person as of December 31, 1999, it is not
renewable. However, if the license is not held because of
revocation or suspension of licensing privileges, the director
shall renew the license in the name of a natural person at the
end of the revocation or suspension if the license holder
applies for renewal of the license before the end of the year
in which the revocation or suspension ends.
(3) Where a licensee failed to obtain the license during
the previous year because of a license suspension or revocation by the director or the court, the licensee may qualify for
a license by establishing that the person held such a license
during the last year in which the person was eligible.
(4) Surcharges as provided for in this section shall be
collected and deposited into the sea urchin dive fishery
account hereby created in the custody of the state treasurer.
Only the director or the director’s designee may authorize
expenditures from the account. The sea urchin dive fishery
account is subject to allotment procedures under chapter
43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be used to
[Title 77 RCW—page 90]
retire sea urchin licenses until the number of licenses is
reduced to twenty-five, and thereafter shall only be used for
sea urchin management and enforcement.
(a) A surcharge of one hundred dollars shall be charged
with each sea urchin dive fishery license renewal for licenses
issued in 2000 through 2005.
(b) For licenses issued for the year 2000 and thereafter,
a surcharge shall be charged on the sea urchin dive fishery
license for designating an alternate operator. The surcharge
shall be as follows: Five hundred dollars for the first year
or each of the first two consecutive years after 1999 that any
alternate operator is designated and two thousand five
hundred dollars each year thereafter that any alternate
operator is designated.
(5) Sea urchin dive fishery licenses are transferable.
After December 31, 1999, there is a surcharge to transfer a
sea urchin dive fishery license. The surcharge is five
hundred dollars for the first transfer of a license valid for
calendar year 2000, and two thousand five hundred dollars
for any subsequent transfer, whether occurring in the year
2000 or thereafter. Notwithstanding this subsection, a onetime transfer exempt from surcharge applies for a transfer
from the natural person licensed on January 1, 2000, to that
person’s spouse or child.
(6) If fewer than twenty-five natural persons are eligible
for sea urchin dive fishery licenses, the director may accept
applications for new licenses. The additional licenses may
not cause more than twenty-five natural persons to be
eligible for a sea urchin dive fishery license. New licenses
issued under this section shall be distributed according to
rules of the department that recover the value of such
licensed privilege. [2001 c 253 § 58; 1999 c 126 § 1; 1998
c 190 § 104; 1993 c 340 § 41; 1990 c 62 § 2; 1989 c 37 §
2. Formerly RCW 75.30.210.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Legislative finding—1990 c 62; 1989 c 37: "The legislature finds
that a significant commercial sea urchin fishery is developing within state
waters. The potential for depletion of the sea urchin stocks in these waters
is increasing, particularly as the sea urchin fishery becomes an attractive
alternative to fishermen facing increasing restrictions on other types of
commercial fishery activities.
The legislature finds that the number of vessels engaged in commercial sea urchin fishing has steadily increased. This factor, combined with
advances in marketing techniques, has resulted in strong pressures on the
supply of sea urchins. The legislature desires to maintain the livelihood of
those vessel owners who have historically and continuously participated in
the sea urchin fishery. The legislature desires that the director have the
authority to consider extenuating circumstances concerning failure to meet
landing requirements for both initial endorsement issuance and endorsement
renewal.
The legislature finds that increased regulation of commercial sea
urchin fishing is necessary to preserve and efficiently manage the commercial sea urchin fishery in the waters of the state. The legislature is aware
that the continuing license provisions of the administrative procedure act,
RCW 34.05.422(3) provide procedural safeguards, but finds that the
pressure on the sea urchin resource endangers both the resource and the
economic well-being of the sea urchin fishery, and desires, therefore, to
exempt sea urchin endorsements from the continuing license provision."
[1990 c 62 § 1; 1989 c 37 § 1.]
77.70.160 Emerging commercial fishery designation—Experimental fishery permits. (1) The director may
issue experimental fishery permits for commercial harvest in
an emerging commercial fishery for which the director has
determined there is a need to limit the number of partici(2002 Ed.)
License Limitation Programs
pants. The director shall determine by rule the number and
qualifications of participants for such experimental fishery
permits. Only a person who holds an emerging commercial
fishery license issued under RCW 77.65.400 and who meets
the qualifications established in those rules may hold an
experimental fishery permit. The director shall limit the
number of these permits to prevent habitat damage, ensure
conservation of the resource, and prevent overharvesting. In
developing rules for limiting participation in an emerging or
expanding commercial fishery, the director shall appoint a
five-person advisory board representative of the affected
fishery industry. The advisory board shall review and make
recommendations to the director on rules relating to the
number and qualifications of the participants for such experimental fishery permits.
(2) RCW 34.05.422(3) does not apply to applications for
new experimental fishery permits.
(3) Experimental fishery permits are not transferable
from the permit holder to any other person. [2000 c 107 §
69; 1993 c 340 § 42; 1990 c 63 § 2. Formerly RCW
75.30.220.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Legislative finding—1990 c 63: "The legislature finds that:
(1) A number of commercial fisheries have emerged or expanded in
the past decade;
(2) Scientific information is critical to the proper management of an
emerging or expanding commercial fishery; and
(3) The scientific information necessary to manage an emerging or
expanding commercial fishery can best be obtained through the use of
limited experimental fishery permits allowing harvest levels that will
preserve and protect the state’s food fish and shellfish resource." [1990 c
63 § 1.]
77.70.170 Emerging commercial fishery designation—Legislative review. Whenever the director promulgates a rule designating an emerging commercial fishery, the
legislative standing committees of the house of representatives and senate dealing with fisheries issues shall be notified
of the rule and its justification thirty days prior to the
effective date of the rule. [1990 c 63 § 3. Formerly RCW
75.30.230.]
77.70.180 Emerging commercial fishery—License
status—Recommendations to legislature—Information
included in report. (1) Within five years after adopting
rules to govern the number and qualifications of participants
in an emerging commercial fishery, the director shall provide
to the appropriate senate and house of representatives
committees a report which outlines the status of the fishery
and a recommendation as to whether a separate commercial
fishery license, license fee, or limited harvest program
should be established for that fishery.
(2) For any emerging commercial fishery designated
under RCW 77.50.030, the report must also include:
(a) Information on the extent of the program, including
to what degree mass marking and supplementation programs
have been utilized in areas where emerging commercial
fisheries using selective fishing gear have been authorized;
(b) Information on the benefit provided to commercial
fishers including information on the effectiveness of emerging commercial fisheries using selective fishing gear in
(2002 Ed.)
77.70.160
providing expanded fishing opportunity within mixed stocks
of salmon;
(c) Information on the effectiveness of selective fishing
gear in minimizing postrelease mortality for nontarget stocks,
harvesting fish so that they are not damaged by the gear, and
aiding the creation of niche markets; and
(d) Information on the department’s efforts at operating
hatcheries in an experimental fashion by managing wild and
hatchery origin fish as a single run as an alternative to mass
marking and the utilization of selective fishing gear. The
department shall consult with commercial fishers, recreational fishers, federally recognized treaty tribes with a
fishing right, regional fisheries enhancement groups, and
other affected parties to obtain their input in preparing the
report under this subsection (2). [2001 c 163 § 3; 1993 c
340 § 43; 1990 c 63 § 4. Formerly RCW 75.30.240.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.70.190 Sea cucumber dive fishery license—
Limitation on issuance—Surcharge—Sea cucumber dive
fishery account—Transfer of license—Issuance of new
licenses. (1) A sea cucumber dive fishery license is required
to take sea cucumbers for commercial purposes. A sea
cucumber dive fishery license authorizes the use of only one
diver in the water at any time during sea cucumber harvest
operations. If the same vessel has been designated on two
sea cucumber dive fishery licenses, two divers may be in the
water. A natural person may not hold more than two sea
cucumber dive fishery licenses.
(2) Except as provided in subsection (6) of this section,
the director shall issue no new sea cucumber dive fishery
licenses. For licenses issued for the year 2000 and thereafter, the director shall renew existing licenses only to a
natural person who held the license at the end of the
previous year. If a sea cucumber dive fishery license is not
held by a natural person as of December 31, 1999, it is not
renewable. However, if the license is not held because of
revocation or suspension of licensing privileges, the director
shall renew the license in the name of a natural person at the
end of the revocation or suspension if the license holder
applies for renewal of the license before the end of the year
in which the revocation or suspension ends.
(3) Where a licensee failed to obtain the license during
either of the previous two years because of a license suspension by the director or the court, the licensee may qualify for
a license by establishing that the person held such a license
during the last year in which the person was eligible.
(4) Surcharges as provided for in this section shall be
collected and deposited into the sea cucumber dive fishery
account hereby created in the custody of the state treasurer.
Only the director or the director’s designee may authorize
expenditures from the account. The sea cucumber dive
fishery account is subject to allotment procedures under
chapter 43.88 RCW, but no appropriation is required for expenditures. Expenditures from the account shall only be
used to retire sea cucumber licenses until the number of
licenses is reduced to twenty-five, and thereafter shall only
be used for sea cucumber management and enforcement.
(a) A surcharge of one hundred dollars shall be charged
with each sea cucumber dive fishery license renewal for
licenses issued in 2000 through 2005.
[Title 77 RCW—page 91]
77.70.190
Title 77 RCW: Fish and Wildlife
(b) For licenses issued for the year 2000 and thereafter,
a surcharge shall be charged on the sea cucumber dive
fishery license for designating an alternate operator. The
surcharge shall be as follows: Five hundred dollars for the
first year or each of the first two consecutive years after
1999 that any alternate operator is designated and two
thousand five hundred dollars each year thereafter that any
alternate operator is designated.
(5) Sea cucumber dive fishery licenses are transferable.
After December 31, 1999, there is a surcharge to transfer a
sea cucumber dive fishery license. The surcharge is five
hundred dollars for the first transfer of a license valid for
calendar year 2000 and two thousand five hundred dollars
for any subsequent transfer whether occurring in the year
2000 or thereafter. Notwithstanding this subsection, a onetime transfer exempt from surcharge applies for a transfer
from the natural person licensed on January 1, 2000, to that
person’s spouse or child.
(6) If fewer than twenty-five persons are eligible for sea
cucumber dive fishery licenses, the director may accept
applications for new licenses. The additional licenses may
not cause more than twenty-five natural persons to be
eligible for a sea cucumber dive fishery license. New
licenses issued under this section shall be distributed
according to rules of the department that recover the value
of such licensed privilege. [2001 c 253 § 59; 1999 c 126 §
2; 1998 c 190 § 105; 1993 c 340 § 44; 1990 c 61 § 2.
Formerly RCW 75.30.250.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Legislative findings—1990 c 61: "The legislature finds that a
significant commercial sea cucumber fishery is developing within state
waters. The potential for depletion of the sea cucumber stocks in these
waters is increasing, particularly as the sea cucumber fishery becomes an
attractive alternative to commercial fishers who face increasing restrictions
on other types of commercial fishery activities.
The legislature finds that the number of commercial fishers engaged
in commercially harvesting sea cucumbers has rapidly increased. This
factor, combined with increases in market demand, has resulted in strong
pressures on the supply of sea cucumbers.
The legislature finds that increased regulation of commercial sea
cucumber fishing is necessary to preserve and efficiently manage the
commercial sea cucumber fishery in the waters of the state.
The legislature finds that it is desirable in the long term to reduce the
number of vessels participating in the commercial sea cucumber fishery to
fifty vessels to preserve the sea cucumber resource, efficiently manage the
commercial sea cucumber fishery in the waters of the state, and reduce
conflict with upland owners.
The legislature finds that it is important to preserve the livelihood of
those who have historically participated in the commercial sea cucumber
fishery that began about 1970 and that the 1988 and 1989 seasons should
be used to document historical participation." [1990 c 61 § 1.]
77.70.200 Herring spawn on kelp fishery licenses—
Number limited. The legislature finds that the wise
management of Washington state’s herring resource is of
paramount importance to the people of the state. The
legislature finds that herring are an important part of the
food chain for a number of the state’s living marine resources. The legislature finds that both open and closed
pond "spawn on kelp" harvesting techniques allow for an
economic return to the state while at the same time providing for the proper management of the herring resource. The
legislature finds that limitations on the number of herring
harvesters tends to improve the management and economic
[Title 77 RCW—page 92]
health of the herring industry. The maximum number of
herring spawn on kelp fishery licenses shall not exceed five
annually. The state therefore must use its authority to
regulate the number of herring spawn on kelp fishery
licenses so that the management and economic health of the
herring fishery may be improved. [1993 c 340 § 36; 1989
c 176 § 1. Formerly RCW 75.30.260, 75.28.235.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.70.210 Herring spawn on kelp fishery license—
Auction. (1) A herring spawn on kelp fishery license is
required to commercially take herring eggs which have been
deposited on vegetation of any type.
(2) A herring spawn on kelp fishery license may be
issued only to a person who:
(a) Holds a herring fishery license issued under RCW
77.65.200 and 77.70.120; and
(b) Is the highest bidder in an auction conducted under
subsection (3) of this section.
(3) The department shall sell herring spawn on kelp
commercial fishery licenses at auction to the highest bidder.
Bidders shall identify their sources of kelp. Kelp harvested
from state-owned aquatic lands as defined in RCW
79.90.465 requires the written consent of the department of
natural resources. The department shall give all holders of
herring fishery licenses thirty days’ notice of the auction.
[2000 c 107 § 70; 1993 c 340 § 37; 1989 c 176 § 2.
Formerly RCW 75.30.270, 75.28.245.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.70.220 Geoduck fishery license—Conditions and
limitations—OSHA regulations—Violations. (1) A person
shall not harvest geoduck clams commercially without a
geoduck fishery license. This section does not apply to the
harvest of private sector cultured aquatic products as defined
in RCW 15.85.020.
(2) Only a person who has entered into a geoduck
harvesting agreement with the department of natural resources under RCW 79.96.080 may hold a geoduck fishery
license.
(3) A geoduck fishery license authorizes no taking of
geoducks outside the boundaries of the public lands designated in the underlying harvesting agreement, or beyond the
harvest ceiling set in the underlying harvesting agreement.
(4) A geoduck fishery license expires when the underlying geoduck harvesting agreement terminates.
(5) The director shall determine the number of geoduck
fishery licenses that may be issued for each geoduck
harvesting agreement, the number of units of gear whose use
the license authorizes, and the type of gear that may be used,
subject to RCW 77.60.070. In making those determinations,
the director shall seek to conserve the geoduck resource and
prevent damage to its habitat.
(6) The holder of a geoduck fishery license and the
holder’s agents and representatives shall comply with all
applicable commercial diving safety regulations adopted by
the federal occupational safety and health administration
established under the federal occupational safety and health
act of 1970 as such law exists on May 8, 1979, 84 Stat.
(2002 Ed.)
License Limitation Programs
1590 et seq.; 29 U.S.C. Sec. 651 et seq. A violation of
those regulations is a violation of this subsection. For the
purposes of this section, persons who dive for geoducks are
"employees" as defined by the federal occupational safety
and health act. A violation of this subsection is grounds for
suspension or revocation of a geoduck fishery license
following a hearing under the procedures of chapter 34.05
RCW. The director shall not suspend or revoke a geoduck
fishery license if the violation has been corrected within ten
days of the date the license holder receives written notice of
the violation. If there is a substantial probability that a
violation of the commercial diving standards could result in
death or serious physical harm to a person engaged in
harvesting geoduck clams, the director shall suspend the
license immediately until the violation has been corrected.
If the license holder is not the operator of the harvest vessel
and has contracted with another person for the harvesting of
geoducks, the director shall not suspend or revoke the license
if the license holder terminates its business relationship with
that person until compliance with this subsection is secured.
[2000 c 107 § 71; 1998 c 190 § 106; 1993 c 340 § 46.
Formerly RCW 75.30.280.]
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
77.70.230 Ocean pink shrimp—Delivery license—
Requirements and criteria—Continuous participation. A
person shall not commercially deliver into any Washington
state port ocean pink shrimp caught in offshore waters
without an ocean pink shrimp delivery license issued under
RCW 77.65.390, or an ocean pink shrimp single delivery
license issued under RCW 77.70.260. An ocean pink shrimp
delivery license shall be issued to a vessel that:
(1) Landed a total of at least five thousand pounds of
ocean pink shrimp in Washington in any single calendar year
between January 1, 1983, and December 31, 1992, as
documented by a valid shellfish receiving ticket; and
(2) Can show continuous participation in the Washington, Oregon, or California ocean pink shrimp fishery by
being eligible to land ocean pink shrimp in either Washington, Oregon, or California each year since the landing
made under subsection (1) of this section. Evidence of such
eligibility shall be a certified statement from the relevant
state licensing agency that the applicant for a Washington
ocean pink shrimp delivery license held at least one of the
following permits:
(a) For Washington: Possession of a delivery permit or
delivery license issued under RCW 77.65.210;
(b) For Oregon: Possession of a vessel permit issued
under Oregon Revised Statute 508.880; or
(c) For California: A trawl permit issued under California Fish and Game Code sec. 8842. [2000 c 107 § 72; 1998
c 190 § 107; 1993 c 376 § 5. Formerly RCW 75.30.290.]
Findings—Effective date—1993 c 376: See notes following RCW
77.65.380.
77.70.240 Ocean pink shrimp—Delivery license—
Requirements and criteria—Historical participation. An
applicant who can show historical participation under RCW
77.70.230(1) but does not satisfy the continuous participation
(2002 Ed.)
77.70.220
requirement of RCW 77.70.230(2) shall be issued an ocean
pink shrimp delivery license if:
(1) The owner can prove that the owner was in the
process on December 31, 1992, of constructing a vessel for
the purpose of ocean pink shrimp harvest. For purposes of
this section, "construction" means having the keel laid, and
"for the purpose of ocean pink shrimp harvest" means the
vessel is designed as a trawl vessel. An ocean pink shrimp
delivery license issued to a vessel under construction is not
renewable after December 31, 1994, unless the vessel lands
a total of at least five thousand pounds of ocean pink shrimp
into a Washington state port before December 31, 1994; or
(2) The applicant’s vessel is a replacement for a vessel
that is otherwise eligible for an ocean pink shrimp delivery
license. [2000 c 107 § 73; 1993 c 376 § 6. Formerly RCW
75.30.300.]
Findings—Effective date—1993 c 376: See notes following RCW
77.65.380.
77.70.250 Ocean pink shrimp—Delivery license—
License transfer—License suspension. After December 31,
1994, an ocean pink shrimp delivery license may only be
issued to a vessel that held an ocean pink shrimp delivery
license in 1994, and each year thereafter. If the license is
transferred to another vessel, the license history shall also be
transferred to the transferee vessel.
Where the failure to hold the license in any given year
was the result of a license suspension, the vessel may qualify
if the vessel held an ocean pink shrimp delivery license in
the year immediately preceding the year of the license
suspension. [1993 c 376 § 7. Formerly RCW 75.30.310.]
Findings—Effective date—1993 c 376: See notes following RCW
77.65.380.
77.70.260 Ocean pink shrimp—Single delivery
license. The owner of an ocean pink shrimp fishing vessel
that does not qualify for an ocean pink shrimp delivery
license issued under RCW 77.65.390 shall obtain an ocean
pink shrimp single delivery license in order to make a
landing into a state port of ocean pink shrimp taken in
offshore waters. The director shall not issue an ocean pink
shrimp single delivery license unless, as determined by the
director, a bona fide emergency exists. A maximum of six
ocean pink shrimp single delivery licenses may be issued
annually to any vessel. The fee for an ocean pink shrimp
single delivery license is one hundred dollars. [2000 c 107
§ 74; 1993 c 376 § 8. Formerly RCW 75.30.320.]
Findings—Effective date—1993 c 376: See notes following RCW
77.65.380.
77.70.280 Crab fishery—License required—
Dungeness crab-coastal fishery license—Dungeness crabcoastal class B fishery license—Coastal crab and replacement vessel defined. (1) A person shall not commercially
fish for coastal crab in Washington state waters without a
Dungeness crab—coastal or a Dungeness crab—coastal class
B fishery license. Gear used must consist of one buoy
attached to each crab pot. Each crab pot must be fished
individually.
(2) A Dungeness crab—coastal fishery license is
transferable. Except as provided in subsection (3) of this
[Title 77 RCW—page 93]
77.70.280
Title 77 RCW: Fish and Wildlife
section, such a license shall only be issued to a person who
proved active historical participation in the coastal crab
fishery by having designated, after December 31, 1993, a
vessel or a replacement vessel on the qualifying license that
singly or in combination meets the following criteria:
(a) Made a minimum of eight coastal crab landings
totaling a minimum of five thousand pounds per season in at
least two of the four qualifying seasons identified in subsection (5) of this section, as documented by valid Washington
state shellfish receiving tickets; and showed historical and
continuous participation in the coastal crab fishery by having
held one of the following licenses or their equivalents each
calendar year beginning 1990 through 1993, and was
designated on the qualifying license of the person who held
one of the following licenses in 1994:
(i) Crab pot—Non-Puget Sound license, issued under
RCW 77.65.220(1)(b);
(ii) Nonsalmon delivery license, issued under RCW
77.65.210;
(iii) Salmon troll license, issued under RCW 77.65.160;
(iv) Salmon delivery license, issued under RCW
77.65.170;
(v) Food fish trawl license, issued under RCW
77.65.200; or
(vi) Shrimp trawl license, issued under RCW 77.65.220;
or
(b) Made a minimum of four Washington landings of
coastal crab totaling two thousand pounds during the period
from December 1, 1991, to March 20, 1992, and made a
minimum of eight crab landings totaling a minimum of five
thousand pounds of coastal crab during each of the following
periods: December 1, 1991, to September 15, 1992; December 1, 1992, to September 15, 1993; and December 1, 1993,
to September 15, 1994. For landings made after December
31, 1993, the vessel shall have been designated on the qualifying license of the person making the landings; or
(c) Made any number of coastal crab landings totaling
a minimum of twenty thousand pounds per season in at least
two of the four qualifying seasons identified in subsection
(5) of this section, as documented by valid Washington state
shellfish receiving tickets, showed historical and continuous
participation in the coastal crab fishery by having held one
of the qualifying licenses each calendar year beginning 1990
through 1993, and the vessel was designated on the qualifying license of the person who held that license in 1994.
(3) A Dungeness crab-coastal fishery license shall be
issued to a person who had a new vessel under construction
between December 1, 1988, and September 15, 1992, if the
vessel made coastal crab landings totaling a minimum of five
thousand pounds by September 15, 1993, and the new vessel
was designated on the qualifying license of the person who
held that license in 1994. All landings shall be documented
by valid Washington state shellfish receiving tickets. License applications under this subsection may be subject to
review by the advisory review board in accordance with
*RCW 77.70.030. For purposes of this subsection, "under
construction" means either:
(a)(i) A contract for any part of the work was signed
before September 15, 1992; and
(ii) The contract for the vessel under construction was
not transferred or otherwise alienated from the contract
[Title 77 RCW—page 94]
holder between the date of the contract and the issuance of
the Dungeness crab-coastal fishery license; and
(iii) Construction had not been completed before
December 1, 1988; or
(b)(i) The keel was laid before September 15, 1992; and
(ii) Vessel ownership was not transferred or otherwise
alienated from the owner between the time the keel was laid
and the issuance of the Dungeness crab-coastal fishery
license; and
(iii) Construction had not been completed before
December 1, 1988.
(4) A Dungeness crab—coastal class B fishery license
is not transferable. Such a license shall be issued to persons
who do not meet the qualification criteria for a Dungeness
crab—coastal fishery license, if the person has designated on
a qualifying license after December 31, 1993, a vessel or
replacement vessel that, singly or in combination, made a
minimum of four landings totaling a minimum of two
thousand pounds of coastal crab, documented by valid
Washington state shellfish receiving tickets, during at least
one of the four qualifying seasons, and if the person has
participated continuously in the coastal crab fishery by
having held or by having owned a vessel that held one or
more of the licenses listed in subsection (2) of this section
in each calendar year subsequent to the qualifying season in
which qualifying landings were made through 1994.
Dungeness crab—coastal class B fishery licenses cease to
exist after December 31, 1999, and the continuing license
provisions of RCW 34.05.422(3) are not applicable.
(5) The four qualifying seasons for purposes of this
section are:
(a) December 1, 1988, through September 15, 1989;
(b) December 1, 1989, through September 15, 1990;
(c) December 1, 1990, through September 15, 1991; and
(d) December 1, 1991, through September 15, 1992.
(6) For purposes of this section and RCW 77.70.340,
"coastal crab" means Dungeness crab (cancer magister) taken
in all Washington territorial and offshore waters south of the
United States-Canada boundary and west of the BonillaTatoosh line (a line from the western end of Cape Flattery
to Tatoosh Island lighthouse, then to the buoy adjacent to
Duntz Rock, then in a straight line to Bonilla Point of
Vancouver island), Grays Harbor, Willapa Bay, and the
Columbia river.
(7) For purposes of this section, "replacement vessel"
means a vessel used in the coastal crab fishery in 1994, and
that replaces a vessel used in the coastal crab fishery during
any period from 1988 through 1993, and which vessel’s
licensing and catch history, together with the licensing and
catch history of the vessel it replaces, qualifies a single
applicant for a Dungeness crab—coastal or Dungeness
crab—coastal class B fishery license. A Dungeness crab—
coastal or Dungeness crab—coastal class B fishery license
may only be issued to a person who designated a vessel in
the 1994 coastal crab fishery and who designated the same
vessel in 1995. [2000 c 107 § 76; 1998 c 190 § 108; 1995
c 252 § 1; 1994 c 260 § 2. Formerly RCW 75.30.350.]
*Reviser’s note: RCW 77.70.030 was repealed by 2001 c 291 § 501,
effective July 1, 2001.
Finding—1994 c 260: "The legislature finds that the commercial crab
fishery in coastal and offshore waters is overcapitalized. The legislature
further finds that this overcapitalization has led to the economic
(2002 Ed.)
License Limitation Programs
destabilization of the coastal crab industry, and can cause excessive
harvesting pressures on the coastal crab resources of Washington state. In
order to provide for the economic well-being of the Washington crab
industry and to protect the livelihood of Washington crab fishers who have
historically and continuously participated in the coastal crab fishery, the
legislature finds that it is in the best interests of the economic well-being of
the coastal crab industry to reduce the number of fishers taking crab in
coastal waters, to reduce the number of vessels landing crab taken in
offshore waters, to limit the number of future licenses, and to limit fleet
capacity by limiting vessel size." [1994 c 260 § 1.]
Severability—1994 c 260: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1994 c 260 § 24.]
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: "Sections 1
through 5, 9 through 19, and 21 through 24 of this act shall take effect
January 1, 1995." [1994 c 260 § 25.]
77.70.290 Crab taken in offshore waters—Criteria
for landing in Washington state—Limitations. (1) The
director shall allow the landing into Washington state of crab
taken in offshore waters only if:
(a) The crab are legally caught and landed by fishers
with a valid Washington state Dungeness crab-coastal fishery
license or a valid Dungeness crab-coastal class B fishery
license; or
(b)(i) The director determines that the landing of
offshore Dungeness crab by fishers without a Washington
state Dungeness crab-coastal fishery license or a valid
Dungeness crab-coastal class B fishery license is in the best
interest of the coastal crab processing industry; (ii) the
director has been requested to allow such landings by at least
three Dungeness crab processors; (iii) the landings are
permitted only between the dates of December 1st to
February 15th inclusively; (iv) only crab fishers commercially licensed to fish by Oregon or California are permitted to
land, if the crab was taken with gear that consisted of one
buoy attached to each crab pot, and each crab pot was fished
individually; (v) the fisher landing the crab has obtained a
valid delivery license; and (vi) the decision is made on a
case-by-case basis for the sole reason of improving the
economic stability of the commercial crab fishery.
(2) Nothing in this section allows the commercial
fishing of Dungeness crab in waters within three miles of
Washington state by fishers who do not possess a valid
Dungeness crab-coastal fishery license or a valid Dungeness
crab-coastal class B fishery license. Landings of offshore
Dungeness crab by fishers without a valid Dungeness crabcoastal fishery license or a valid Dungeness crab-coastal
class B fishery license do not qualify the fisher for such
licenses. [1997 c 418 § 2; 1994 c 260 § 3. Formerly RCW
75.30.360.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
77.70.300 Crab taken in offshore waters—
Dungeness crab offshore delivery license—Fee. A person
commercially fishing for Dungeness crab in offshore waters
outside of Washington state jurisdiction shall obtain a
Dungeness crab offshore delivery license from the director
if the person does not possess a valid Dungeness crab-coastal
fishery license or a valid Dungeness crab-coastal class B
(2002 Ed.)
77.70.280
fishery license and the person wishes to land Dungeness crab
into a place or a port in the state. The annual fee for a
Dungeness crab offshore delivery license is two hundred
fifty dollars. The director may specify restrictions on
landings of offshore Dungeness crab in Washington state as
authorized in RCW 77.70.290.
Fees from the offshore Dungeness crab delivery license
shall be placed in the coastal crab account created in RCW
77.70.320. [2000 c 107 § 77; 1994 c 260 § 4. Formerly
RCW 75.30.370.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
77.70.310 Transfer of Dungeness crab-coastal
fishery licenses—Fee. Dungeness crab-coastal fishery
licenses are freely transferable on a willing seller-willing
buyer basis after paying the transfer fee in RCW 77.65.020.
[2000 c 107 § 78; 1997 c 418 § 3; 1994 c 260 § 5. Formerly RCW 75.30.380.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
77.70.320 Coastal crab account—Created—
Revenues—Expenditures. The coastal crab account is
created in the custody of the state treasurer. The account
shall consist of revenues from fees from the transfer of each
Dungeness crab-coastal fishery license assessed under RCW
77.65.020, delivery fees assessed under RCW 77.70.300, and
the license surcharge under RCW 77.65.240. Only the
director or the director’s designee may authorize expenditures from the account. The account is subject to allotment
procedures under chapter 43.88 RCW but no appropriation
is required for expenditures. Funds may be used for coastal
crab management activities as provided in RCW 77.70.330.
[2000 c 107 § 79; 1997 c 418 § 4; 1994 c 260 § 6. Formerly RCW 75.30.390.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
77.70.330 Coastal crab account expenditures—
Management of coastal crab resource. Expenditures from
the coastal crab account may be made by the department for
management of the coastal crab resource. Management
activities may include studies of resource viability, interstate
negotiations concerning regulation of the offshore crab
resource, resource enhancement projects, or other activities
as determined by the department. [1994 c 260 § 8. Formerly RCW 75.30.410.]
Effective date—1994 c 260 § 8: "Section 8 of this act shall take
effect January 1, 1997." [1994 c 260 § 26.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
77.70.340 Criteria for nonresident Dungeness crabcoastal fishery license for Oregon residents—Section
effective contingent upon reciprocal statutory authority
in Oregon. (1) An Oregon resident who can show historical
and continuous participation in the Washington state coastal
[Title 77 RCW—page 95]
77.70.340
Title 77 RCW: Fish and Wildlife
crab fishery by having held a nonresident non-Puget Sound
crab pot license issued under RCW 77.65.220 each year
from 1990 through 1994, and who has delivered a minimum
of eight landings totaling five thousand pounds of crab into
Oregon during any two of the four qualifying seasons as
provided in RCW 77.70.280(5) as evidenced by valid
Oregon fish receiving tickets, shall be issued a nonresident
Dungeness crab-coastal fishery license valid for fishing in
Washington state waters north from the Oregon-Washington
boundary to United States latitude forty-six degrees thirty
minutes north. Such license shall be issued upon application
and submission of proof of delivery.
(2) This section shall become effective contingent upon
reciprocal statutory authority in the state of Oregon providing for equal access for Washington state coastal crab fishers
to Oregon territorial coastal waters north of United States
latitude forty-five degrees fifty-eight minutes north, and
Oregon waters of the Columbia river. [2000 c 107 § 80;
1994 c 260 § 9. Formerly RCW 75.30.420.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
77.70.350 Restrictions on designations and substitutions on Dungeness crab-coastal fishery licenses and
Dungeness crab-coastal class B fishery licenses. (1) The
following restrictions apply to vessel designations and
substitutions on Dungeness crab-coastal fishery licenses and
Dungeness crab-coastal class B fishery licenses:
(a) The holder of the license may not designate on the
license a vessel the hull length of which exceeds ninety-nine
feet, nor may the holder change vessel designation if the hull
length of the vessel proposed to be designated exceeds the
hull length of the currently designated vessel by more than
ten feet;
(b) If the hull length of the vessel proposed to be
designated is comparable to or exceeds by up to one foot the
hull length of the currently designated vessel, the department
may change the vessel designation no more than once in any
two consecutive Washington state coastal crab seasons unless
the currently designated vessel is lost or in disrepair such
that it does not safely operate, in which case the department
may allow a change in vessel designation;
(c) If the hull length of the vessel proposed to be
designated exceeds by between one and ten feet the hull
length of the currently designated vessel, the department may
change the vessel designation no more than once in any five
consecutive Washington state coastal crab seasons, unless a
request is made by the license holder during a Washington
state coastal crab season for an emergency change in vessel
designation. If such an emergency request is made, the
director may allow a temporary change in designation to
another vessel, if the hull length of the other vessel does not
exceed by more than ten feet the hull length of the currently
designated vessel.
(2) For the purposes of this section, "hull length" means
the length of a vessel’s hull as shown by United States coast
guard documentation or marine survey, or for vessels that do
not require United States coast guard documentation, by
manufacturer’s specifications or marine survey. [1994 c 260
§ 10. Formerly RCW 75.30.430.]
[Title 77 RCW—page 96]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
77.70.360 Dungeness crab-coastal fishery licenses—
Limitation on new licenses—Requirements for renewal.
Except as provided under RCW 77.70.380, the director shall
issue no new Dungeness crab-coastal fishery licenses after
December 31, 1995. A person may renew an existing
license only if the person held the license sought to be
renewed during the previous year or acquired the license by
transfer from someone who held it during the previous year,
and if the person has not subsequently transferred the license
to another person. Where the person failed to obtain the
license during the previous year because of a license suspension, the person may qualify for a license by establishing
that the person held such a license during the last year in
which the license was not suspended. [2000 c 107 § 81;
1994 c 260 § 13. Formerly RCW 75.30.440.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
77.70.370 Limitation on taking crab in the exclusive
economic zone of Oregon or California—Section effective
contingent upon reciprocal legislation by both Oregon
and California. (1) A Dungeness crab—coastal fishery
licensee shall not take Dungeness crab in the waters of the
exclusive economic zone westward of the states of Oregon
or California and land crab taken in those waters into
Washington state unless the licensee also holds the licenses,
permits, or endorsements, required by Oregon or California
to land crab into Oregon or California, respectively.
(2) This section becomes effective only upon reciprocal
legislation being enacted by both the states of Oregon and
California. For purposes of this section, "exclusive economic zone" means that zone defined in the federal fishery
conservation and management act (16 U.S.C. Sec. 1802) as
of January 1, 1995, or as of a subsequent date adopted by
rule of the director. [1998 c 190 § 109; 1994 c 260 § 16.
Formerly RCW 75.30.450.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
77.70.380 Dungeness crab-coastal fishery licenses—
Criteria for issuing new licenses. If fewer than one
hundred seventy-five persons are eligible for Dungeness
crab-coastal fishery licenses, the director may accept
applications for new licenses. Additional licenses issued
may maintain a maximum of one hundred seventy-five
licenses in the Washington coastal crab fishery. If additional
licenses are to be issued, the director shall adopt rules
governing the notification, application, selection, and
issuance procedures for new Dungeness crab-coastal fishery
licenses, based on recommendations of the advisory review
board established under *RCW 77.70.030. [2000 c 107 §
82; 1994 c 260 § 17. Formerly RCW 75.30.460.]
(2002 Ed.)
License Limitation Programs
*Reviser’s note: RCW 77.70.030 was repealed by 2001 c 291 § 501,
effective July 1, 2001.
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
77.70.390 Reduction of landing requirements under
RCW 77.70.280—Procedure. The director may reduce the
landing requirements established under RCW 77.70.280 upon
the recommendation of an advisory review board established
under *RCW 77.70.030, but the director may not entirely
waive the landing requirement. The advisory review board
may recommend a reduction of the landing requirement in
individual cases if in the advisory review board’s judgment,
extenuating circumstances prevented achievement of the
landing requirement. The director shall adopt rules governing the operation of the advisory review board and defining
"extenuating circumstances." Extenuating circumstances may
include situations in which a person had a vessel under
construction such that qualifying landings could not be made.
In defining extenuating circumstances, special consideration
shall be given to individuals who can provide evidence of
lack of access to capital based on past discrimination due to
race, creed, color, sex, national origin, or disability. [2000
c 107 § 83; 1994 c 260 § 19. Formerly RCW 75.30.470.]
*Reviser’s note: RCW 77.70.030 was repealed by 2001 c 291 § 501,
effective July 1, 2001.
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
Effective date—1994 c 260 §§ 1-5, 9-19, and 21-24: See note
following RCW 77.70.280.
77.70.400 Coastal Dungeness crab resource plan.
The department, with input from Dungeness crab—coastal
fishery licensees and processors, shall prepare a resource
plan to achieve even-flow harvesting and long-term stability
of the coastal Dungeness crab resource. The plan may
include pot limits, further reduction in the number of vessels,
individual quotas, trip limits, area quotas, or other measures
as determined by the department. The provisions of such a
resource plan that are designed to effect a gear reduction or
effort reduction based upon historical landing criteria are
subject to the provisions of RCW 77.70.390 with respect to
the consideration of extenuating circumstances. [2001 c 228
§ 1; 1998 c 245 § 154; 1994 c 260 § 20. Formerly RCW
75.30.480.]
Assignment of shellfish pots—2001 c 228: "For the purposes of
determining the number of shellfish pots assigned to a license authorizing
commercial harvest of Dungeness crab adjacent to the Washington coast, if
the license is held by a person whose vessel designated for use under that
license was lost due to sinking in any one of the three qualifying seasons,
then the department of fish and wildlife shall use the landings in February
1996 to determine the number of pots granted to the license holder as an
exception to WAC 220-52-040(14). A license holder must notify the
department of his or her eligibility under this section by September 30,
2001." [2001 c 228 § 2.]
Finding—Severability—1994 c 260: See notes following RCW
77.70.280.
77.70.410 Shrimp pot-Puget Sound fishery—
Limited entry fishery—License analogous to personal
property—Transferability—Alternate operator designation. (1) The shrimp pot-Puget Sound fishery is a limited
(2002 Ed.)
77.70.380
entry fishery and a person shall not fish for shrimp taken
from Puget Sound for commercial purposes with shrimp pot
gear except under the provisions of a shrimp pot-Puget
Sound fishery license issued under RCW 77.65.220.
(2) A shrimp pot-Puget Sound fishery license shall only
be issued to a natural person who held a shrimp pot-Puget
Sound fishery license during the previous year, except upon
the death of the licensee the license shall be treated as
analogous to personal property for purposes of inheritance
and intestacy.
(3) No more than two shrimp pot-Puget Sound fishery
licenses may be owned by a licensee. The licensee must
transfer the second license into the licensee’s name, and designate on the second license the same vessel as is designated
on the first license at the time of the transfer. Licensees
who hold two shrimp pot-Puget Sound fishery licenses may
not transfer one of the two licenses for a twelve-month
period beginning on the date the second license is transferred
to the licensee, but the licensee may transfer both licenses to
another natural person. The nontransferability provisions of
this subsection start anew for the receiver of the two
licenses. Licensees who hold two shrimp pot-Puget sound
fishery licenses may fish one and one-half times the maximum number of pots allowed for Puget Sound shrimp, and
may retain and land one and one-half times the maximum
catch limits established for Puget Sound shrimp taken with
shellfish pot gear.
(4) Through December 31, 2001, shrimp pot-Puget
Sound fishery licenses are transferable only to a current
shrimp pot-Puget Sound fishery licensee, or upon death of
the licensee. Beginning January 1, 2002, shrimp pot-Puget
Sound commercial fishery licenses are transferable, except
holders of two shrimp pot-Puget Sound licenses are subject
to nontransferability provisions as provided for in this
section.
(5) Through December 31, 2001, a shrimp pot-Puget
Sound licensee may designate any natural person as the
alternate operator for the license. Beginning January 1,
2002, a shrimp pot-Puget Sound licensee may designate only
an immediate family member, as defined in RCW 77.12.047,
as the alternate operator. A licensee with a bona fide
medical emergency may designate a person other than an
immediate family member as the alternate operator for a
period not to exceed two years, provided the licensee documents the medical emergency with letters from two medical
doctors describing the illness or condition that prevents the
licensee from participating in the fishery. The two-year
period may be extended by the director upon recommendation of a department-appointed Puget Sound shrimp advisory
board. If the licensee has no immediate family member who
is capable of operating the license, the licensee may make a
request to the Puget Sound shrimp advisory board to
designate an alternate operator who is not an immediate
family member, and upon recommendation of the Puget
Sound shrimp advisory board, the director may allow
designation of an alternate operator who is not an immediate
family member. [2001 c 105 § 1; 2000 c 107 § 84; 1999 c
239 § 3. Formerly RCW 75.30.490.]
Finding—Purpose—Intent—1999 c 239: See note following RCW
77.65.220.
[Title 77 RCW—page 97]
77.70.420
Title 77 RCW: Fish and Wildlife
77.70.420 Shrimp trawl-Puget Sound fishery—
Limited entry fishery—License analogous to personal
property—Transferability—Alternate operator. (1) The
shrimp trawl-Puget Sound fishery is a limited entry fishery
and a person shall not fish for shrimp taken from Puget
Sound for commercial purposes with shrimp trawl gear
except under the provisions of a shrimp trawl-Puget Sound
fishery license issued under RCW 77.65.220.
(2) A shrimp trawl-Puget Sound fishery license shall
only be issued to a natural person who held a shrimp trawlPuget Sound fishery license during the previous licensing
year, except upon the death of the licensee the license shall
be treated as analogous to personal property for purposes of
inheritance and intestacy.
(3) No more than one shrimp trawl-Puget Sound fishery
license may be owned by a licensee.
(4) Through December 31, 2001, shrimp trawl-Puget
Sound fishery licenses are nontransferable, except upon
death of the licensee. Beginning January 1, 2002, shrimp
trawl-Puget Sound licenses are transferable.
(5) Through December 31, 2001, a shrimp trawl-Puget
Sound licensee may designate any natural person as the
alternate operator for the license. Beginning January 1,
2002, a shrimp trawl-Puget Sound licensee may designate
only an immediate family member, as defined in RCW
77.12.047, as the alternate operator. A licensee with a bona
fide medical emergency may designate a person other than
an immediate family member as the alternate operator for a
period not to exceed two years, provided the licensee
documents the medical emergency with letters from two
medical doctors describing the illness or condition that
prevents the immediate family member from participating in
the fishery. The two-year period may be extended by the director upon recommendation of a department-appointed
Puget Sound shrimp advisory board. If the licensee has no
immediate family member who is capable of operating the
license, the licensee may make a request to the Puget Sound
shrimp advisory board to designate an alternate operator who
is not an immediate family member, and upon recommendation of the Puget Sound shrimp advisory board, the director
may allow designation of an alternate operator who is not an
immediate family member. [2001 c 105 § 2; 2000 c 107 §
85; 1999 c 239 § 4. Formerly RCW 75.30.500.]
Finding—Purpose—Intent—1999 c 239: See note following RCW
77.65.220.
77.70.430 Puget Sound crab pot buoy tag program—Fee. In order to administer a Puget Sound crab pot
buoy tag program, the department may charge a fee to
holders of a Dungeness crab—Puget Sound fishery license
to reimburse the department for the production of Puget
Sound crab pot buoy tags and the administration of a Puget
Sound crab pot buoy tag program. [2001 c 234 § 1.]
Effective date—2001 c 234: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 9, 2001]." [2001 c 234 § 3.]
77.70.440 Puget Sound crab pot buoy tag account.
The Puget Sound crab pot buoy tag account is created in the
custody of the state treasurer. All revenues from fees from
RCW 77.70.430 must be deposited into the account.
[Title 77 RCW—page 98]
Expenditures from this account may be used for the production of crab pot buoy tags and the administration of a Puget
Sound crab pot buoy tag program. Only the director or the
director’s designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW but no appropriation is required
for expenditures. [2001 c 234 § 2.]
Effective date—2001 c 234: See note following RCW 77.70.430.
Chapter 77.75
COMPACTS AND OTHER AGREEMENTS
Sections
COLUMBIA RIVER COMPACT
77.75.010
77.75.020
Columbia River Compact—Provisions.
Columbia River Compact—Commission to represent state.
PACIFIC MARINE FISHERIES COMPACT
77.75.030
77.75.040
Pacific Marine Fisheries Compact—Provisions.
Pacific Marine Fisheries Compact—Representatives of state
on Pacific Marine Fisheries Commission.
77.75.050
77.75.060
Coastal ecosystems compact authorized.
Coastal ecosystems cooperative agreements authorized.
COASTAL ECOSYSTEMS COMPACT
WILDLIFE VIOLATOR COMPACT
77.75.070
77.75.080
77.75.090
Wildlife violator compact—Established.
Licensing authority defined.
Administration facilitation.
77.75.100
Snake river boundary—Cooperation with Idaho for adoption
and enforcement of rules regarding wildlife.
Snake river boundary—Concurrent jurisdiction of Idaho and
Washington courts and law enforcement officers.
Snake river boundary—Honoring licenses to take wildlife of
either state.
Snake river boundary—Purpose—Restrictions.
SNAKE RIVER BOUNDARY
77.75.110
77.75.120
77.75.130
MISCELLANEOUS
77.75.140
77.75.150
77.75.160
Treaty between United States and Canada concerning Pacific
salmon.
Wildlife restoration—Federal act.
Fish restoration and management projects—Federal act.
COLUMBIA RIVER COMPACT
77.75.010 Columbia River Compact—Provisions.
There exists between the states of Washington and Oregon
a definite compact and agreement as follows:
All laws and regulations now existing or which may be
necessary for regulating, protecting or preserving fish in the
waters of the Columbia river, or its tributaries, over which
the states of Washington and Oregon have concurrent jurisdiction, or which would be affected by said concurrent
jurisdiction, shall be made, changed, altered and amended in
whole or in part, only with the mutual consent and approbation of both states. [1983 1st ex.s. c 46 § 149; 1955 c 12
§ 75.40.010. Prior: 1949 c 112 § 80; Rem. Supp. 1949 §
5780-701. Formerly RCW 75.40.010.]
77.75.020 Columbia River Compact—Commission
to represent state. The commission may give to the state
of Oregon such consent and approbation of the state of
(2002 Ed.)
Compacts and Other Agreements
Washington as is necessary under the compact set out in
RCW 77.75.010. For the purposes of RCW 77.75.010, the
states of Washington and Oregon have concurrent jurisdiction in the concurrent waters of the Columbia river. [2000
c 107 § 86; 1995 1st sp.s. c 2 § 19 (Referendum Bill No. 45,
approved November 7, 1995); 1983 1st ex.s. c 46 § 150;
1955 c 12 § 75.40.020. Prior: 1949 c 112 § 81; Rem.
Supp. 1949 § 5780-702. Formerly RCW 75.40.020.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
PACIFIC MARINE FISHERIES COMPACT
77.75.030 Pacific Marine Fisheries Compact—
Provisions. There exists between the states of Alaska,
California, Idaho, Oregon and Washington a definite compact and agreement as follows:
THE PACIFIC MARINE FISHERIES COMPACT
The contracting states do hereby agree as follows:
ARTICLE I.
The purposes of this compact are and shall be to
promote the better utilization of fisheries, marine, shell and
anadromous, which are of mutual concern, and to develop a
joint program of protection and prevention of physical waste
of such fisheries in all of those areas of the Pacific Ocean
and adjacent waters over which the compacting states jointly
or separately now have or may hereafter acquire jurisdiction.
Nothing herein contained shall be construed so as to
authorize the compacting states or any of them to limit the
production of fish or fish products for the purpose of
establishing or fixing the prices thereof or creating and
perpetuating a monopoly.
ARTICLE II.
This agreement shall become operative immediately as
to those states executing it whenever the compacting states
have executed it in the form that is in accordance with the
laws of the executing states and the congress has given its
consent.
ARTICLE III.
Each state joining herein shall appoint, as determined by
state statutes, one or more representatives to a commission
hereby constituted and designated as The Pacific Marine
Fisheries Commission, of whom one shall be the administrative or other officer of the agency of such state charged with
the conservation of the fisheries resources to which this compact pertains. This commission shall be a body with the
powers and duties set forth herein.
The term of each commissioner of The Pacific Marine
Fisheries Commission shall be four years. A commissioner
shall hold office until his successor shall be appointed and
qualified but such successor’s term shall expire four years
from legal date of expiration of the term of his predecessor.
Vacancies occurring in the office of such commissioner from
any reason or cause shall be filled for the unexpired term, or
a commissioner may be removed from office, as provided by
the statutes of the state concerned. Each commissioner may
(2002 Ed.)
77.75.020
delegate in writing from time to time to a deputy the power
to be present and participate, including voting as his representative or substitute, at any meeting of or hearing by or
other proceeding of the commission.
Voting powers under this compact shall be limited to
one vote for each state regardless of the number of representatives.
ARTICLE IV.
The duty of the said commission shall be to make
inquiry and ascertain from time to time such methods,
practices, circumstances and conditions as may be disclosed
for bringing about the conservation and the prevention of the
depletion and physical waste of the fisheries, marine, shell,
and anadromous in all of those areas of the Pacific Ocean
over which the states signatory to this compact jointly or
separately now have or may hereafter acquire jurisdiction.
The commission shall have power to recommend the
coordination of the exercise of the police powers of the
several states within their respective jurisdictions and said
conservation zones to promote the preservation of those
fisheries and their protection against overfishing, waste,
depletion or any abuse whatsoever and to assure a continuing
yield from the fisheries resources of the signatory parties
hereto.
To that end the commission shall draft and, after
consultation with the advisory committee hereinafter authorized, recommend to the governors and legislative branches
of the various signatory states hereto legislation dealing with
the conservation of the marine, shell and anadromous
fisheries in all of those areas of the Pacific Ocean and
adjacent waters over which the signatory states jointly or
separately now have or may hereafter acquire jurisdiction.
The commission shall, more than one month prior to any
regular meeting of the legislative branch in any state
signatory hereto, present to the governor of such state its
recommendations relating to enactments by the legislative
branch of that state in furthering the intents and purposes of
this compact.
The commission shall consult with and advise the
pertinent administrative agencies in the signatory states with
regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable
and which lie within the jurisdiction of such agencies.
The commission shall have power to recommend to the
states signatory hereto the stocking of the waters of such
states with marine, shell, or anadromous fish and fish eggs
or joint stocking by some or all of such states and when two
or more of the said states shall jointly stock waters the
commission shall act as the coordinating agency for such
stocking.
ARTICLE V.
The commission shall elect from its number a chairman
and a vice chairman and shall appoint and at its pleasure,
remove or discharge such officers and employees as may be
required to carry the provisions of this compact into effect
and shall fix and determine their duties, qualifications and
compensation. Said commission shall adopt rules and
regulations for the conduct of its business. It may establish
and maintain one or more offices for the transaction of its
business and may meet at any time or place within the
[Title 77 RCW—page 99]
77.75.030
Title 77 RCW: Fish and Wildlife
territorial limits of the signatory states but must meet at least
once a year.
ARTICLE VI.
No action shall be taken by the commission except by
the affirmative vote of a majority of the whole number of
compacting states represented at any meeting. No recommendation shall be made by the commission in regard to any
species of fish except by the vote of a majority of the
compacting states which have an interest in such species.
ARTICLE VII.
The fisheries research agencies of the signatory states
shall act in collaboration as the official research agency of
The Pacific Marine Fisheries Commission.
An advisory committee to be representative of the
commercial fishermen, commercial fishing industry and such
other interests of each state as the commission deems
advisable shall be established by the commission as soon as
practicable for the purpose of advising the commission upon
such recommendations as it may desire to make.
ARTICLE VIII.
Nothing in this compact shall be construed to limit the
powers of any state or to repeal or prevent the enactment of
any legislation or the enforcement of any requirement by any
state imposing additional conditions and restrictions to
conserve its fisheries.
ARTICLE IX.
Continued absence of representation or of any representative on the commission from any state party hereto, shall
be brought to the attention of the governor thereof.
ARTICLE X.
The states agree to make available annual funds for the
support of the commission on the following basis:
Eighty percent of the annual budget shall be shared
equally by those member states having as a boundary the
Pacific Ocean; not less than five percent of the annual
budget shall be contributed by any other member state; the
balance of the annual budget shall be shared by those
member states, having as a boundary the Pacific Ocean, in
proportion to the primary market value of the products of
their commercial fisheries on the basis of the latest five-year
catch records.
The annual contribution of each member state shall be
figured to the nearest one hundred dollars.
This amended article shall become effective upon its
enactment by the states of Alaska, California, Idaho, Oregon,
and Washington and upon ratification by congress by virtue
of the authority vested in it under Article I, section 10 of the
Constitution of the United States.
ARTICLE XI.
This compact shall continue in force and remain binding
upon each state until renounced by it. Renunciation of this
compact must be preceded by sending six months’ notice in
writing of intention to withdraw from the compact to the
other parties hereto.
[Title 77 RCW—page 100]
ARTICLE XII.
The states of Alaska or Hawaii, or any state having
rivers or streams tributary to the Pacific Ocean may become
a contracting state by enactment of The Pacific Marine
Fisheries Compact. Upon admission of any new state to the
compact, the purposes of the compact and the duties of the
commission shall extend to the development of joint programs for the conservation, protection and prevention of
physical waste of fisheries in which the contracting states are
mutually concerned and to all waters of the newly admitted
state necessary to develop such programs.
This article shall become effective upon its enactment
by the states of Alaska, California, Idaho, Oregon and
Washington and upon ratification by congress by virtue of
the authority vested in it under Article I, section 10, of the
Constitution of the United States. [1983 1st ex.s. c 46 §
151; 1969 ex.s. c 101 § 2; 1959 ex.s. c 7 § 1; 1955 c 12 §
75.40.030. Prior: 1949 c 112 § 82(1); Rem. Supp. 1949 §
5780-703(1). Formerly RCW 75.40.030.]
Reviser’s note: The 24th annual report (1971 p 40) of the Pacific
Marine Fisheries Compact commission indicates congressional approval
effective July 10, 1970, by P.L. 91-315, 91st congress; 84 Stat. 415.
Effective date—1969 ex.s. c 101: "The provisions of this 1969
amendatory act shall not take effect until such time as the proposed
amendment to The Pacific Marine Fisheries Compact contained herein is
approved by the congress of the United States." [1969 ex.s. c 101 § 1.]
77.75.040 Pacific Marine Fisheries Compact—
Representatives of state on Pacific Marine Fisheries
Commission. A member selected by or a designee of the
fish and wildlife commission, ex officio, and two appointees
of the governor representing the fishing industry shall act as
the representatives of this state on the Pacific Marine
Fisheries Commission. The appointees of the governor are
subject to confirmation by the state senate. [1995 1st sp.s.
c 2 § 20 (Referendum Bill No. 45, approved November 7,
1995); 1983 1st ex.s. c 46 § 152; 1963 c 171 § 2; 1955 c 12
§ 75.40.040. Prior: 1949 c 112 § 82(2); Rem. Supp. 1949
§ 5780-703(2). Formerly RCW 75.40.040.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
COASTAL ECOSYSTEMS COMPACT
77.75.050 Coastal ecosystems compact authorized.
The state of Washington is authorized to enter into an
interstate compact or compacts with all or any of the states
of California, Idaho, and Oregon to protect and restore
coastal ecosystems of these states to levels that will prevent
the need for listing any native salmonid fish species under
the federal endangered species act of 1973, as amended, or
under any comparable state legislation. [1994 c 148 § 1.
Formerly RCW 75.40.100.]
Effective date—1994 c 148: "This act shall take effect July 1, 1994."
[1994 c 148 § 3.]
77.75.060 Coastal ecosystems cooperative agreements authorized. Until such time as the agencies in
California, Idaho, Oregon, and Washington present a final
proposed interstate compact for enactment by their respective
(2002 Ed.)
Compacts and Other Agreements
legislative bodies, the governor may establish cooperative
agreements with the states of California, Idaho, and Oregon
that allow the states to coordinate their individual efforts in
developing state programs that further the region-wide goals
set forth under RCW 77.75.050. [2000 c 107 § 87; 1994 c
148 § 2. Formerly RCW 75.40.110.]
Effective date—1994 c 148: See note following RCW 77.75.050.
WILDLIFE VIOLATOR COMPACT
77.75.070 Wildlife violator compact—Established.
The wildlife violator compact is hereby established in the
form substantially as follows, and the Washington state
department of fish and wildlife is authorized to enter into
such compact on behalf of the state with all other jurisdictions legally joining therein:
ARTICLE I
FINDINGS, DECLARATION OF POLICY,
AND PURPOSE
(a) The party states find that:
(1) Wildlife resources are managed in trust by the
respective states for the benefit of all residents and visitors.
(2) The protection of their respective wildlife resources
can be materially affected by the degree of compliance with
state statute, law, regulation, ordinance, or administrative
rule relating to the management of those resources.
(3) The preservation, protection, management, and
restoration of wildlife contributes immeasurably to the
aesthetic, recreational, and economic aspects of these natural
resources.
(4) Wildlife resources are valuable without regard to
political boundaries, therefore, all persons should be required
to comply with wildlife preservation, protection, management, and restoration laws, ordinances, and administrative
rules and regulations of all party states as a condition
precedent to the continuance or issuance of any license to
hunt, fish, trap, or possess wildlife.
(5) Violation of wildlife laws interferes with the
management of wildlife resources and may endanger the
safety of persons and property.
(6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among
the various states.
(7) In most instances, a person who is cited for a
wildlife violation in a state other than the person’s home
state:
(i) Must post collateral or bond to secure appearance for
a trial at a later date; or
(ii) If unable to post collateral or bond, is taken into
custody until the collateral or bond is posted; or
(iii) Is taken directly to court for an immediate appearance.
(8) The purpose of the enforcement practices described
in paragraph (7) of this subdivision is to ensure compliance
with the terms of a wildlife citation by the person who, if
permitted to continue on the person’s way after receiving the
citation, could return to the person’s home state and disregard the person’s duty under the terms of the citation.
(9) In most instances, a person receiving a wildlife
citation in the person’s home state is permitted to accept the
(2002 Ed.)
77.75.060
citation from the officer at the scene of the violation and to
immediately continue on the person’s way after agreeing or
being instructed to comply with the terms of the citation.
(10) The practice described in paragraph (7) of this
subdivision causes unnecessary inconvenience and, at times,
a hardship for the person who is unable at the time to post
collateral, furnish a bond, stand trial, or pay the fine, and
thus is compelled to remain in custody until some alternative
arrangement can be made.
(11) The enforcement practices described in paragraph
(7) of this subdivision consume an undue amount of law
enforcement time.
(b) It is the policy of the party states to:
(1) Promote compliance with the statutes, laws, ordinances, regulations, and administrative rules relating to
management of wildlife resources in their respective states.
(2) Recognize the suspension of wildlife license privileges of any person whose license privileges have been
suspended by a party state and treat this suspension as if it
had occurred in their state.
(3) Allow violators to accept a wildlife citation, except
as provided in subdivision (b) of Article III, and proceed on
the violator’s way without delay whether or not the person
is a resident in the state in which the citation was issued,
provided that the violator’s home state is party to this
compact.
(4) Report to the appropriate party state, as provided in
the compact manual, any conviction recorded against any
person whose home state was not the issuing state.
(5) Allow the home state to recognize and treat convictions recorded for their residents which occurred in another
party state as if they had occurred in the home state.
(6) Extend cooperation to its fullest extent among the
party states for obtaining compliance with the terms of a
wildlife citation issued in one party state to a resident of
another party state.
(7) Maximize effective use of law enforcement personnel and information.
(8) Assist court systems in the efficient disposition of
wildlife violations.
(c) The purpose of this compact is to:
(1) Provide a means through which the party states may
participate in a reciprocal program to effectuate policies
enumerated in subdivision (b) of this article in a uniform and
orderly manner.
(2) Provide for the fair and impartial treatment of
wildlife violators operating within party states in recognition
of the person’s right of due process and the sovereign status
of a party state.
ARTICLE II
DEFINITIONS
Unless the context requires otherwise, the definitions in
this article apply through this compact and are intended only
for the implementation of this compact:
(a) "Citation" means any summons, complaint, ticket,
penalty assessment, or other official document issued by a
wildlife officer or other peace officer for a wildlife violation
containing an order which requires the person to respond.
(b) "Collateral" means any cash or other security
deposited to secure an appearance for trial, in connection
[Title 77 RCW—page 101]
77.75.070
Title 77 RCW: Fish and Wildlife
with the issuance by a wildlife officer or other peace officer
of a citation for a wildlife violation.
(c) "Compliance" with respect to a citation means the
act of answering the citation through appearance at a court,
a tribunal, or payment of fines, costs, and surcharges, if any,
or both such appearance and payment.
(d) "Conviction" means a conviction, including any
court conviction, of any offense related to the preservation,
protection, management, or restoration of wildlife which is
prohibited by state statute, law, regulation, ordinance, or
administrative rule, or a forfeiture of bail, bond, or other
security deposited to secure appearance by a person charged
with having committed any such offense, or payment of a
penalty assessment, or a plea of nolo contendere, or the
imposition of a deferred or suspended sentence by the court.
(e) "Court" means a court of law, including Magistrate’s
Court and the Justice of the Peace Court.
(f) "Home state" means the state of primary residence
of a person.
(g) "Issuing state" means the party state which issues a
wildlife citation to the violator.
(h) "License" means any license, permit, or other public
document which conveys to the person to whom it was
issued the privilege of pursuing, possessing, or taking any
wildlife regulated by statute, law, regulation, ordinance, or
administrative rule of a party state.
(i) "Licensing authority" means the department or
division within each party state which is authorized by law
to issue or approve licenses or permits to hunt, fish, trap, or
possess wildlife.
(j) "Party state" means any state which enacts legislation
to become a member of this wildlife compact.
(k) "Personal recognizance" means an agreement by a
person made at the time of issuance of the wildlife citation
that the person will comply with the terms of that citation.
(l) "State" means any state, territory, or possession of
the United States, the District of Columbia, Commonwealth
of Puerto Rico, Provinces of Canada, or other countries.
(m) "Suspension" means any revocation, denial, or
withdrawal of any or all license privileges, including the
privilege to apply for, purchase, or exercise the benefits
conferred by any license.
(n) "Terms of the citation" means those conditions and
options expressly stated upon the citation.
(o) "Wildlife" means all species of animals, including
but not necessarily limited to mammals, birds, fish, reptiles,
amphibians, mollusks, and crustaceans, which are defined as
"wildlife" and are protected or otherwise regulated by statute,
law, regulation, ordinance, or administrative rule in a party
state. "Wildlife" also means food fish and shellfish as
defined by statute, law, regulation, ordinance, or administrative rule in a party state. Species included in the definition
of "wildlife" vary from state to state and determination of
whether a species is "wildlife" for the purposes of this
compact shall be based on local law.
(p) "Wildlife law" means any statute, law, regulation,
ordinance, or administrative rule developed and enacted to
manage wildlife resources and the use thereof.
(q) "Wildlife officer" means any individual authorized
by a party state to issue a citation for a wildlife violation.
(r) "Wildlife violation" means any cited violation of a
statute, law, regulation, ordinance, or administrative rule
[Title 77 RCW—page 102]
developed and enacted to manage wildlife resources and the
use thereof.
ARTICLE III
PROCEDURES FOR ISSUING STATE
(a) When issuing a citation for a wildlife violation, a
wildlife officer shall issue a citation to any person whose
primary residence is in a party state in the same manner as
if the person were a resident of the home state and shall not
require the person to post collateral to secure appearance,
subject to the exceptions contained in subdivision (b) of this
article, if the officer receives the person’s personal recognizance that the person will comply with the terms of the
citation.
(b) Personal recognizance is acceptable:
(1) If not prohibited by local law or the compact
manual; and
(2) If the violator provides adequate proof of the
violator’s identification to the wildlife officer.
(c) Upon conviction or failure of a person to comply
with the terms of a wildlife citation, the appropriate official
shall report the conviction or failure to comply to the
licensing authority of the party state in which the wildlife
citation was issued. The report shall be made in accordance
with procedures specified by the issuing state and shall
contain the information specified in the compact manual as
minimum requirements for effective processing by the home
state.
(d) Upon receipt of the report of conviction or noncompliance required by subdivision (c) of this article, the
licensing authority of the issuing state shall transmit to the
licensing authority in the home state of the violator the
information in a form and content as contained in the
compact manual.
ARTICLE IV
PROCEDURES FOR HOME STATE
(a) Upon receipt of a report of failure to comply with
the terms of a citation from the licensing authority of the
issuing state, the licensing authority of the home state shall
notify the violator, shall initiate a suspension action in
accordance with the home state’s suspension procedures and
shall suspend the violator’s license privileges until satisfactory evidence of compliance with the terms of the wildlife
citation has been furnished by the issuing state to the home
state licensing authority. Due process safeguards will be
accorded.
(b) Upon receipt of a report of conviction from the
licensing authority of the issuing state, the licensing authority
of the home state shall enter such conviction in its records
and shall treat such conviction as if it occurred in the home
state for the purposes of the suspension of license privileges.
(c) The licensing authority of the home state shall
maintain a record of actions taken and make reports to
issuing states as provided in the compact manual.
ARTICLE V
RECIPROCAL RECOGNITION OF SUSPENSION
All party states shall recognize the suspension of license
privileges of any person by any state as if the violation on
which the suspension is based had in fact occurred in their
(2002 Ed.)
Compacts and Other Agreements
state and could have been the basis for suspension of license
privileges in their state.
ARTICLE VI
APPLICABILITY OF OTHER LAWS
Except as expressly required by provisions of this
compact, nothing herein shall be construed to affect the right
of any party state to apply any of its laws relating to license
privileges to any person or circumstance, or to invalidate or
prevent any agreement or other cooperative arrangements
between a party state and a nonparty state concerning
wildlife law enforcement.
ARTICLE VII
COMPACT ADMINISTRATOR PROCEDURES
(a) For the purpose of administering the provisions of
this compact and to serve as a governing body for the
resolution of all matters relating to the operation of this
compact, a board of compact administrators is established.
The board shall be composed of one representative from
each of the party states to be known as the compact administrator. The compact administrator shall be appointed by the
head of the licensing authority of each party state and will
serve and be subject to removal in accordance with the laws
of the state the administrator represents. A compact administrator may provide for the discharge of the administrator’s
duties and the performance of the administrator’s functions
as a board member by an alternate. An alternate may not be
entitled to serve unless written notification of the alternate’s
identity has been given to the board.
(b) Each member of the board of compact administrators
shall be entitled to one vote. No action of the board shall be
binding unless taken at a meeting at which a majority of the
total number of votes on the board are cast in favor thereof.
Action by the board shall be only at a meeting at which a
majority of the party states are represented.
(c) The board shall elect annually, from its membership,
a chairperson and vice-chairperson.
(d) The board shall adopt bylaws, not inconsistent with
the provisions of this compact or the laws of a party state,
for the conduct of its business and shall have the power to
amend and rescind its bylaws.
(e) The board may accept for any of its purposes and
functions under this compact all donations and grants of
money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any
governmental agency, and may receive, utilize, and dispose
of the same.
(f) The board may contract with or accept services or
personnel from any governmental or intergovernmental
agency, individual, firm, corporation, or any private nonprofit organization or institution.
(g) The board shall formulate all necessary procedures
and develop uniform forms and documents for administering
the provisions of this compact. All procedures and forms
adopted pursuant to board action shall be contained in the
compact manual.
ARTICLE VIII
ENTRY INTO COMPACT AND WITHDRAWAL
77.75.070
(b)(1) Entry into the compact shall be made by resolution of ratification executed by the authorized officials of the
applying state and submitted to the chairperson of the board.
(2) The resolution shall be in a form and content as
provided in the compact manual and shall include statements
that in substance are as follows:
(i) A citation of the authority by which the state is
empowered to become a party to this compact;
(ii) Agreement to comply with the terms and provisions
of the compact; and
(iii) That compact entry is with all states then party to
the compact and with any state that legally becomes a party
to the compact.
(3) The effective date of entry shall be specified by the
applying state, but shall not be less than sixty days after
notice has been given by the chairperson of the board of
compact administrators or by the secretariat of the board to
each party state that the resolution from the applying state
has been received.
(c) A party state may withdraw from this compact by
official written notice to the other party states, but a withdrawal shall not take effect until ninety days after notice of
withdrawal is given. The notice shall be directed to the
compact administrator of each member state. No withdrawal
shall affect the validity of this compact as to the remaining
party states.
ARTICLE IX
AMENDMENTS TO THE COMPACT
(a) This compact may be amended from time to time.
Amendments shall be presented in resolution form to the
chairperson of the board of compact administrators and may
be initiated by one or more party states.
(b) Adoption of an amendment shall require endorsement by all party states and shall become effective thirty
days after the date of the last endorsement.
(c) Failure of a party state to respond to the compact
chairperson within one hundred twenty days after receipt of
the proposed amendment shall constitute endorsement.
ARTICLE X
CONSTRUCTION AND SEVERABILITY
This compact shall be liberally construed so as to
effectuate the purposes stated herein. The provisions of this
compact shall be severable and if any phrase, clause,
sentence, or provision of this compact is declared to be
contrary to the constitution of any party state or of the
United States or the applicability thereof to any government,
agency, individual, or circumstance is held invalid, the
compact shall not be affected thereby. If this compact shall
be held contrary to the constitution of any party state thereto,
the compact shall remain in full force and effect as to the
remaining states and in full force and effect as to the state
affected as to all severable matters.
ARTICLE XI
TITLE
This compact shall be known as the wildlife violator
compact. [1994 c 264 § 55; 1993 c 82 § 1. Formerly RCW
77.17.010.]
(a) This compact shall become effective when it has
been adopted by at least two states.
(2002 Ed.)
[Title 77 RCW—page 103]
77.75.070
Title 77 RCW: Fish and Wildlife
Revoked licenses—Application—1993 c 82: "The provisions of this
compact shall also apply to individuals whose licenses under Title 77 RCW
are currently in revoked status." [1993 c 82 § 4.]
77.75.080 Licensing authority defined. For purposes
of Article VII of RCW 77.75.070, the term "licensing
authority," with reference to this state, means the department.
The director is authorized to appoint a compact administrator. [2000 c 107 § 261; 1994 c 264 § 56; 1993 c 82 § 2.
Formerly RCW 77.17.020.]
Revoked licenses—Application—1993 c 82: See note following
RCW 77.75.070.
77.75.090 Administration facilitation. The director
shall furnish to the appropriate authorities of the participating
states any information or documents reasonably necessary to
facilitate the administration of the compact. [1994 c 264 §
57; 1993 c 82 § 3. Formerly RCW 77.17.030.]
Revoked licenses—Application—1993 c 82: See note following
RCW 77.75.070.
SNAKE RIVER BOUNDARY
77.75.100 Snake river boundary—Cooperation with
Idaho for adoption and enforcement of rules regarding
wildlife. The commission may cooperate with the Idaho fish
and game commission in the adoption and enforcement of
rules regarding wildlife on that portion of the Snake river
forming the boundary between Washington and Idaho.
[1980 c 78 § 62; 1967 c 62 § 1. Formerly RCW 77.12.450.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.75.110 Snake river boundary—Concurrent
jurisdiction of Idaho and Washington courts and law
enforcement officers. To enforce RCW 77.75.120 and
77.75.130, courts in the counties contiguous to the boundary
waters, fish and wildlife officers, and ex officio fish and
wildlife officers have jurisdiction over the boundary waters
to the furthermost shoreline. This jurisdiction is concurrent
with the courts and law enforcement officers of Idaho.
[2000 c 107 § 222; 1980 c 78 § 63; 1967 c 62 § 3. Formerly RCW 77.12.470.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.75.120 Snake river boundary—Honoring licenses
to take wildlife of either state. The taking of wildlife from
the boundary waters or islands of the Snake river shall be in
accordance with the wildlife laws of the respective states.
Fish and wildlife officers and ex officio fish and wildlife
officers shall honor the license of either state and the right
of the holder to take wildlife from the boundary waters and
islands in accordance with the laws of the state issuing the
license. [2000 c 107 § 223; 1980 c 78 § 64; 1967 c 62 § 4.
Formerly RCW 77.12.480.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.75.130 Snake river boundary—Purpose—
Restrictions. The purpose of RCW 77.75.100 through
[Title 77 RCW—page 104]
77.75.130 is to avoid the conflict, confusion, and difficulty
of locating the state boundary in or on the boundary waters
and islands of the Snake river. These sections do not allow
the holder of a Washington license to fish or hunt on the
shoreline, sloughs, or tributaries on the Idaho side, nor allow
the holder of an Idaho license to fish or hunt on the shoreline, sloughs, or tributaries on the Washington side. [2000
c 107 § 224; 1980 c 78 § 65; 1967 c 62 § 5. Formerly
RCW 77.12.490.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
MISCELLANEOUS
77.75.140 Treaty between United States and
Canada concerning Pacific salmon. The commission may
adopt and enforce the provisions of the treaty between the
government of the United States and the government of
Canada concerning Pacific salmon, treaty document number
99-2, entered into force March 18, 1985, at Quebec City,
Canada, and the regulations of the commission adopted
under authority of the treaty. [1995 1st sp.s. c 2 § 21
(Referendum Bill No. 45, approved November 7, 1995);
1989 c 130 § 2; 1983 1st ex.s. c 46 § 153; 1955 c 12 §
75.40.060. Prior: 1949 c 112 § 83; Rem. Supp. 1949 §
5780-704. Formerly RCW 75.40.060.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.75.150 Wildlife restoration—Federal act. The
state assents to the act of congress entitled: "An Act to
provide that the United States shall aid the states in wildlife
restoration projects, and for other purposes," (50 Stat. 917;
16 U.S.C. Sec. 669). The department shall establish and
conduct cooperative wildlife restoration projects, as defined
in the act, and shall comply with the act and related rules
adopted by the secretary of agriculture. [1980 c 78 § 60;
1955 c 36 § 77.12.430. Prior: 1939 c 140 § 1; RRS §
5855-12. Formerly RCW 77.12.430.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
77.75.160 Fish restoration and management projects—Federal act. The state assents to the act of congress
entitled: "An Act to provide that the United States shall aid
the states in fish restoration and management projects, and
for other purposes," (64 Stat. 430; 16 U.S.C. Sec. 777). The
department shall establish, conduct, and maintain fish
restoration and management projects, as defined in the act,
and shall comply with the act and related rules adopted by
the secretary of the interior. [1993 sp.s. c 2 § 69; 1987 c
506 § 47; 1982 c 26 § 2; 1980 c 78 § 61; 1955 c 36 §
77.12.440. Prior: 1951 c 124 § 1. Formerly RCW
77.12.440.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
(2002 Ed.)
Compacts and Other Agreements
Intent—1982 c 26: "The legislature recognizes that funds from the
federal Dingell-Johnson Act (64 Stat. 430; 16 U.S.C. Sec. 777) are derived
from a tax imposed on the sale of recreational fishing tackle, and that these
funds are granted to the state for fish restoration and management projects.
The intent of this 1982 amendment to RCW 77.12.440 is to provide for the
allocation of the Dingell-Johnson aid for fish restoration and management
projects of the department of game and the department of fisheries. Such
funds shall be subject to appropriation by the legislature." [1982 c 26 § 1.]
Effective date—1982 c 26: "This act shall take effect on October 1,
1982." [1982 c 26 § 3.]
Effective date—Intent, construction—Savings—Severability—1980
c 78: See notes following RCW 77.04.010.
Chapter 77.80
PROGRAM TO PURCHASE FISHING VESSELS
AND LICENSES
Sections
77.80.010
77.80.020
77.80.030
77.80.040
77.80.050
77.80.060
Definitions.
Program authorized—Conditions.
Determination of purchase price—Maximum price.
Disposition of vessels and gear—Prohibition against using
purchased vessels for fishing purposes.
Rules—Administration of program.
Vessel, gear, license, and permit reduction fund.
77.80.010 Definitions. As used in this chapter:
(1) "Case areas" means those areas of the Western
district of Washington and in the adjacent offshore waters
which are within the jurisdiction of the state of Washington,
as defined in United States of America et al. v. State of
Washington et al., Civil No. 9213, United States District
Court for Western District of Washington, February 12,
1974, and in Sohappy v. Smith, 302 F. Supp. 899 (D.
Oregon, 1969), as amended, affirmed, and remanded 529 F.
2d 570 (9th Cir., 1976), or an area in which fishing rights
are affected by court decision in a manner consistent with
the above-mentioned decisions;
(2) "Program" means the program established under
RCW 77.80.010 through 77.80.060. [2000 c 107 § 88; 1985
c 7 § 150; 1983 1st ex.s. c 46 § 155; 1977 ex.s. c 230 § 3;
1975 1st ex.s. c 183 § 3. Formerly RCW 75.44.100,
75.28.505.]
Legislative finding and intent—1975 1st ex.s. c 183: "The
legislature finds that the protection, welfare, and economic well-being of the
commercial fishing industry is important to the people of this state. There
presently exists an overabundance of commercial fishing gear in our state
waters which causes great pressure on the fishing resources. This results in
great economic waste to the state and prohibits conservation and harvesting
programs from achieving their goals. This adverse situation has been
compounded by the federal court decisions, United States of America et al.
v. State of Washington et al., Civil No. 9213, United States District Court
for the Western District of Washington, February 12, 1974, and Sohappy v.
Smith, 302 F. Supp. 899 (D. Oregon, 1969), as amended, affirmed, and
remanded 529 F. 2d 570 (9th Cir., 1976). As a result, large numbers of
commercial fishermen face personal economic hardship, and the state
commercial fishing industry is confronted with economic difficulty. The
public welfare requires that the state have the authority to purchase
commercial fishing vessels, licenses, gear, and permits offered for sale, as
appropriate, in a manner which will provide relief to the individual vessel
owner, and which will effect a reduction in the amount of commercial
fishing gear in use in the state so as to insure increased economic opportunity for those persons in the industry and to insure that sound scientific
conservation and harvesting programs can be carried out. It is the intention
of the legislature to provide relief to commercial fishermen adversely
affected by the current economic situation in the state fishery and to
preserve this valuable state industry and these natural resources." [1977
ex.s. c 230 § 2; 1975 1st ex.s. c 183 § 2. Formerly RCW 75.28.500.]
(2002 Ed.)
77.75.160
77.80.020 Program authorized—Conditions. The
department may purchase commercial fishing vessels and
appurtenant gear, and the current state commercial fishing licenses, delivery permits, and charter boat licenses if the
license or permit holder was substantially restricted in
fishing as a result of compliance with United States of
America et al. v. State of Washington et al., Civil No. 9213,
United States District Court for Western District of Washington, February 12, 1974, and Sohappy v. Smith, 302 F. Supp.
899 (D. Oregon, 1969), as amended, affirmed, and remanded
529 F. 2d 570 (9th Cir., 1976).
The department shall not purchase a vessel without also
purchasing all current Washington commercial fishing
licenses and delivery permits and charter boat licenses issued
to the vessel or its owner. The department may purchase
current licenses and delivery permits without purchasing the
vessel. [1984 c 67 § 1; 1983 1st ex.s. c 46 § 156; 1979
ex.s. c 43 § 1; 1977 ex.s. c 230 § 4; 1975 1st ex.s. c 183 §
4. Formerly RCW 75.44.110, 75.28.510.]
Legislative finding and intent—1975 1st ex.s. c 183: See note
following RCW 77.80.010.
77.80.030 Determination of purchase price—
Maximum price. The purchase price of a vessel and
appurtenant gear shall be based on a survey conducted by a
qualified marine surveyor. A license or delivery permit shall
be valued separately.
The director may specify a maximum price to be paid
for a vessel, gear, license, or delivery permit purchased
under RCW 77.80.020. A license or delivery permit purchased under RCW 77.80.020 shall be permanently retired
by the department. [2000 c 107 § 89; 1983 1st ex.s. c 46 §
157; 1975 1st ex.s. c 183 § 5. Formerly RCW 75.44.120,
75.28.515.]
Legislative finding and intent—1975 1st ex.s. c 183: See note
following RCW 77.80.010.
77.80.040 Disposition of vessels and gear—
Prohibition against using purchased vessels for fishing
purposes. The department may arrange for the insurance,
storage, and resale or other disposition of vessels and gear
purchased under RCW 77.80.020. Vessels shall not be
resold by the department to the seller or the seller’s immediate family. The vessels shall not be used by any owner or
operator: (1) As a commercial fishing or charter vessel in
state waters; or (2) to deliver fish to a place or port in the
state. The department shall require that the purchasers and
other users of vessels sold by the department execute
suitable instruments to insure compliance with the requirements of this section. The director may commence suit or
be sued on such an instrument in a state court of record or
United States district court having jurisdiction. [2000 c 107
§ 90; 1983 1st ex.s. c 46 § 158; 1979 ex.s. c 43 § 2; 1975
1st ex.s. c 183 § 6. Formerly RCW 75.44.130, 75.28.520.]
Legislative finding and intent—1975 1st ex.s. c 183: See note
following RCW 77.80.010.
77.80.050 Rules—Administration of program. The
director shall adopt rules for the administration of the
program. To assist the department in the administration of
the program, the director may contract with persons not
[Title 77 RCW—page 105]
77.80.050
Title 77 RCW: Fish and Wildlife
employed by the state and may enlist the aid of other state
agencies. [1995 c 269 § 3201; 1983 1st ex.s. c 46 § 159;
1979 ex.s. c 43 § 4; 1975-’76 2nd ex.s. c 34 § 172; 1975 1st
ex.s. c 183 § 8. Formerly RCW 75.44.140, 75.28.530.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Legislative finding and intent—1975 1st ex.s. c 183: See note
following RCW 77.80.010.
77.80.060 Vessel, gear, license, and permit reduction fund. The director is responsible for the administration
and disbursement of all funds, goods, commodities, and
services received by the state under the program.
There is created within the state treasury a fund to be
known as the "vessel, gear, license, and permit reduction
fund". This fund shall be used for purchases under RCW
77.80.020 and for the administration of the program. This
fund shall be credited with federal or other funds received to
carry out the purposes of the program and the proceeds from
the sale or other disposition of property purchased under
RCW 77.80.020. [2000 c 107 § 91; 1983 1st ex.s. c 46 §
160; 1977 ex.s. c 230 § 5; 1975 1st ex.s. c 183 § 9.
Formerly RCW 75.44.150, 75.28.535.]
Legislative finding and intent—1975 1st ex.s. c 183: See note
following RCW 77.80.010.
Chapter 77.85
SALMON RECOVERY
Sections
77.85.005
77.85.010
77.85.020
77.85.030
77.85.040
77.85.050
77.85.060
77.85.070
77.85.080
77.85.090
77.85.100
77.85.110
77.85.120
77.85.130
77.85.135
77.85.140
77.85.150
77.85.160
77.85.170
77.85.180
77.85.190
77.85.200
77.85.210
77.85.900
Findings—Intent.
Definitions.
State of the salmon report.
Governor’s salmon recovery office—Creation—Purpose.
Independent science panel—Selection—Terms—Purpose.
Habitat project lists.
Critical pathways methodology—Habitat work schedule.
Technical advisory groups.
Sea grant program—Technical assistance authorized.
Southwest Washington salmon recovery region—Created.
Work group—Evaluation of mitigation alternatives.
Salmon recovery funding board—Creation—Membership.
Board responsibilities—Grants and loans administration
assistance.
Allocation of funds—Procedures and criteria.
Habitat project funding—Statement of environmental benefits—Development of outcome-focused performance
measures.
Habitat project lists—Tracking of funds—Report.
Statewide salmon recovery strategy—Prospective application.
Salmon monitoring data, information.
Salmon recovery account.
Findings.
Federal assurances in forests and fish report—Events constituting failure of assurances—Governor’s authority to
negotiate.
Steelhead recovery program—Management board—Duties—
Termination of program.
Monitoring activities—Monitoring oversight committee—
Legislative steering committee—Report to the legislature—Monitoring strategy and action plan.
Captions not law.
[Title 77 RCW—page 106]
77.85.005 Findings—Intent. The legislature finds
that repeated attempts to improve salmonid fish runs
throughout the state of Washington have failed to avert listings of salmon and steelhead runs as threatened or endangered under the federal endangered species act (16 U.S.C.
Sec. 1531 et seq.). These listings threaten the sport, commercial, and tribal fishing industries as well as the economic
well-being and vitality of vast areas of the state. It is the
intent of the legislature to begin activities required for the
recovery of salmon stocks as soon as possible, although the
legislature understands that successful recovery efforts may
not be realized for many years because of the life cycle of
salmon and the complex array of natural and human-caused
problems they face.
The legislature finds that it is in the interest of the
citizens of the state of Washington for the state to retain
primary responsibility for managing the natural resources of
the state, rather than abdicate those responsibilities to the
federal government, and that the state may best accomplish
this objective by integrating local and regional recovery
activities into a statewide plan that can make the most
effective use of provisions of federal laws allowing for a
state lead in salmon recovery. The legislature also finds that
a statewide salmon recovery plan must be developed and
implemented through an active public involvement process
in order to ensure public participation in, and support for,
salmon recovery. The legislature also finds that there is a
substantial link between the provisions of the federal
endangered species act and the federal clean water act (33
U.S.C. Sec. 1251 et seq.). The legislature further finds that
habitat restoration is a vital component of salmon recovery
efforts. Therefore, it is the intent of the legislature to
specifically address salmon habitat restoration in a coordinated manner and to develop a structure that allows for the
coordinated delivery of federal, state, and local assistance to
communities for habitat projects that will assist in the
recovery and enhancement of salmon stocks.
The legislature also finds that credible scientific review
and oversight is essential for any salmon recovery effort to
be successful.
The legislature further finds that it is important to
monitor the overall health of the salmon resource to determine if recovery efforts are providing expected returns. It
is important to monitor salmon habitat projects and salmon
recovery activities to determine their effectiveness in order
to secure federal acceptance of the state’s approach to
salmon recovery. Adaptive management cannot exist
without monitoring. For these reasons, the legislature
believes that a coordinated and integrated monitoring process
should be developed.
The legislature therefore finds that a coordinated
framework for responding to the salmon crisis is needed
immediately. To that end, the salmon recovery office should
be created within the governor’s office to provide overall
coordination of the state’s response; an independent science
panel is needed to provide scientific review and oversight; a
coordinated state funding process should be established
through a salmon recovery funding board; the appropriate
local or tribal government should provide local leadership in
identifying and sequencing habitat projects to be funded by
state agencies; habitat projects should be implemented
without delay; and a strong locally based effort to restore
(2002 Ed.)
Salmon Recovery
salmon habitat should be established by providing a framework to allow citizen volunteers to work effectively. [1999
sp.s. c 13 § 1; 1998 c 246 § 1. Formerly RCW 75.46.005.]
Severability—1999 sp.s. c 13: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 sp.s. c 13 § 24.]
Effective date—1999 sp.s. c 13: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
July 1, 1999." [1999 sp.s. c 13 § 25.]
77.85.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Adaptive management" means reliance on scientific
methods to test the results of actions taken so that the
management and related policy can be changed promptly and
appropriately.
(2) "Critical pathways methodology" means a project
scheduling and management process for examining interactions between habitat projects and salmonid species,
prioritizing habitat projects, and assuring positive benefits
from habitat projects.
(3) "Habitat project list" is the list of projects resulting
from the critical pathways methodology under RCW
77.85.060(2). Each project on the list must have a written
agreement from the landowner on whose land the project
will be implemented. Projects include habitat restoration
projects, habitat protection projects, habitat projects that
improve water quality, habitat projects that protect water
quality, habitat-related mitigation projects, and habitat project
maintenance and monitoring activities.
(4) "Habitat work schedule" means those projects from
the habitat project list that will be implemented during the
current funding cycle. The schedule shall also include a list
of the entities and individuals implementing projects, the
start date, duration, estimated date of completion, estimated
cost, and funding sources for the projects.
(5) "Limiting factors" means conditions that limit the
ability of habitat to fully sustain populations of salmon.
These factors are primarily fish passage barriers and degraded estuarine areas, riparian corridors, stream channels, and
wetlands.
(6) "Project sponsor" is a county, city, special district,
tribal government, state agency, a combination of such
governments through interlocal or interagency agreements,
a nonprofit organization, regional fisheries enhancement
group, or one or more private citizens. A project sponsored
by a state agency may be funded by the board only if it is
included on the habitat project list submitted by the lead
entity for that area and the state agency has a local partner
that would otherwise qualify as a project sponsor.
(7) "Salmon" includes all species of the family
Salmonidae which are capable of self-sustaining, natural
production.
(8) "Salmon recovery plan" means a state plan developed in response to a proposed or actual listing under the
federal endangered species act that addresses limiting factors
including, but not limited to harvest, hatchery, hydropower,
habitat, and other factors of decline.
(2002 Ed.)
77.85.005
(9) "Tribe" or "tribes" means federally recognized Indian
tribes.
(10) "WRIA" means a water resource inventory area
established in chapter 173-500 WAC as it existed on January
1, 1997.
(11) "Owner" means the person holding title to the land
or the person under contract with the owner to lease or
manage the legal owner’s property. [2002 c 210 § 1; 2000
c 107 § 92; 1998 c 246 § 2. Formerly RCW 75.46.010.]
77.85.020 State of the salmon report. Beginning in
December 2000, the governor shall submit a biennial state of
the salmon report to the legislature during the first week of
December. The report may include the following:
(1) A description of the amount of in-kind and financial
contributions, including volunteer, private, and state, federal,
tribal as available, and local government money directly
spent on salmon recovery in response to actual, proposed, or
expected endangered species act listings;
(2) A summary of habitat projects including but not
limited to:
(a) A summary of accomplishments in removing barriers
to salmon passage and an identification of existing barriers;
(b) A summary of salmon restoration efforts undertaken
in the past two years;
(c) A summary of the role which private volunteer
initiatives contribute in salmon habitat restoration efforts;
and
(d) A summary of efforts taken to protect salmon
habitat;
(3) A summary of collaborative efforts undertaken with
adjoining states or Canada;
(4) A summary of harvest and hatchery management
activities affecting salmon recovery;
(5) A summary of information regarding impediments
to successful salmon recovery efforts;
(6) A summary of the number and types of violations of
existing laws pertaining to: (a) Water quality; and (b)
salmon. The summary shall include information about the
types of sanctions imposed for these violations;
(7) Information on the estimated carrying capacity of
new habitat created pursuant to chapter 246, Laws of 1998;
and
(8) Recommendations to the legislature that would
further the success of salmon recovery. The recommendations may include:
(a) The need to expand or improve nonregulatory
programs and activities; and
(b) The need to expand or improve state and local laws
and regulations. [1998 c 246 § 4. Formerly RCW
75.46.030.]
77.85.030 Governor’s salmon recovery office—
Creation—Purpose. (Expires June 30, 2006.) (1) The
salmon recovery office is created within the office of the
governor to coordinate state strategy to allow for salmon
recovery to healthy sustainable population levels with
productive commercial and recreational fisheries. The
primary purpose of the office is to coordinate and assist in
the development of salmon recovery plans for evolutionarily
significant units, and submit those plans to the appropriate
[Title 77 RCW—page 107]
77.85.030
Title 77 RCW: Fish and Wildlife
tribal governments and federal agencies as an integral part of
a statewide strategy developed consistent with the guiding
principles and procedures under RCW 77.85.150. The
governor’s salmon recovery office may also:
(a) Act as liaison to local governments, the state
congressional delegation, the United States congress,
federally recognized tribes, and the federal executive branch
agencies for issues related to the state’s endangered species
act salmon recovery plans; and
(b) Provide the biennial state of the salmon report to the
legislature pursuant to RCW 77.85.020.
(2) This section expires June 30, 2006. [2000 c 107 §
93; 1999 sp.s. c 13 § 8; 1998 c 246 § 5. Formerly RCW
75.46.040.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.040 Independent science panel—Selection—
Terms—Purpose. (1) The governor shall request the
national academy of sciences, the American fisheries society,
or a comparable institution to screen candidates to serve as
members on the independent science panel. The institution
that conducts the screening of the candidates shall submit a
list of the nine most qualified candidates to the governor, the
speaker of the house of representatives, and the majority
leader of the senate. The candidates shall reflect expertise
in habitat requirements of salmon, protection and restoration
of salmon populations, artificial propagation of salmon,
hydrology, or geomorphology.
(2) The speaker of the house of representatives and the
majority leader in the senate may each remove one name
from the nomination list. The governor shall consult with
tribal representatives and the governor shall appoint five
scientists from the remaining names on the nomination list.
(3) The members of the independent science panel shall
serve four-year terms. Vacant positions on the panel shall
be filled in the same manner as the original appointments.
Members shall serve no more than two full terms. The
independent science panel members shall elect the chair of
the panel among themselves every two years. Based upon
available funding, the governor’s salmon recovery office
may contract for services with members of the independent
science panel for compensation under chapter 39.29 RCW.
(4) The independent science panel shall be governed by
generally accepted guidelines and practices governing the
activities of independent science boards such as the national
academy of sciences. The purpose of the independent
science panel is to help ensure that sound science is used in
salmon recovery efforts. The governor’s salmon recovery
office shall request review of salmon recovery plans by the
science review panel. The science panel does not have the
authority to review individual projects or habitat project lists
developed under RCW 77.85.050, 77.85.060, and *75.46.080
or to make policy decisions. The panel shall periodically
submit its findings and recommendations under this subsection to the legislature and the governor.
(5) The independent science panel, in conjunction with
the technical review team, shall recommend standardized
monitoring indicators and data quality guidelines for use by
entities involved in habitat projects and salmon recovery
activities across the state.
[Title 77 RCW—page 108]
(6) The independent science panel, in conjunction with
the technical review team, shall also recommend criteria for
the systematic and periodic evaluation of monitoring data in
order for the state to be able to answer critical questions
about the effectiveness of the state’s salmon recovery efforts.
(7) The recommendations on monitoring as required in
this section shall be provided in a report to the governor and
to the legislature by the independent science panel, in
conjunction with the salmon recovery office, no later than
December 31, 2000. The report shall also include recommendations on the level of effort needed to sustain monitoring of salmon projects and other recovery efforts, and any
other recommendations on monitoring deemed important by
the independent science panel and the technical review team.
The report may be included in the biennial state of the
salmon report required under RCW 77.85.020. [2000 c 107
§ 94; 1999 sp.s. c 13 § 10; 1998 c 246 § 6. Formerly RCW
75.46.050.]
*Reviser’s note: RCW 75.46.080 expired July 1, 2000.
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.050 Habitat project lists. (1)(a) Counties,
cities, and tribal governments must jointly designate, by
resolution or by letters of support, the area for which a
habitat project list is to be developed and the lead entity that
is to be responsible for submitting the habitat project list.
No project included on a habitat project list shall be considered mandatory in nature and no private landowner may be
forced or coerced into participation in any respect. The lead
entity may be a county, city, conservation district, special
district, tribal government, or other entity.
(b) The lead entity shall establish a committee that
consists of representative interests of counties, cities,
conservation districts, tribes, environmental groups, business
interests, landowners, citizens, volunteer groups, regional fish
enhancement groups, and other habitat interests. The
purpose of the committee is to provide a citizen-based
evaluation of the projects proposed to promote salmon
habitat. The technical review team may provide the lead
entity with organizational models that may be used in
establishing the committees.
(c) The committee shall compile a list of habitat
projects, establish priorities for individual projects, define the
sequence for project implementation, and submit these
activities as the habitat project list. The committee shall also
identify potential federal, state, local, and private funding
sources.
(2) The area covered by the habitat project list must be
based, at a minimum, on a WRIA, combination of WRIAs,
or any other area as agreed to by the counties, cities, and
tribes in resolutions or in letters of support meeting the
requirements of this subsection. Preference will be given to
projects in an area that contain a salmon species that is listed
or proposed for listing under the federal endangered species
act.
(3) The lead entity shall submit the habitat project list
to the technical review team in accordance with procedures
adopted by the board. [1999 sp.s. c 13 § 11; 1998 c 246 §
7. Formerly RCW 75.46.060.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
(2002 Ed.)
Salmon Recovery
77.85.060 Critical pathways methodology—Habitat
work schedule. (1) Critical pathways methodology shall be
used to develop a habitat project list and a habitat work
schedule that ensures salmon habitat projects will be prioritized and implemented in a logical sequential manner that
produces habitat capable of sustaining healthy populations of
salmon.
(2) The critical pathways methodology shall:
(a) Include a limiting factors analysis for salmon in
streams, rivers, tributaries, estuaries, and subbasins in the
region. The technical advisory group shall have responsibility for the limiting factors analysis;
(b) Identify local habitat projects that sponsors are
willing to undertake. The projects identified must have a
written agreement from the landowner on which the project
is to be implemented. Project sponsors shall have the lead
responsibility for this task;
(c) Identify how projects will be monitored and evaluated. The project sponsor, in consultation with the technical
advisory group and the appropriate landowner, shall have
responsibility for this task;
(d) Include a review of monitoring data, evaluate project
performance, and make recommendations to the committee
established under RCW 77.85.050 and to the technical
review team. The technical advisory group has responsibility
for this task; and
(e) Describe the adaptive management strategy that will
be used. The committee established under RCW 77.85.050
shall have responsibility for this task. If a committee has
not been formed, the technical advisory group shall have the
responsibility for this task.
(3) The habitat work schedule shall include all projects
developed pursuant to subsection (2) of this section, and
shall identify and coordinate with any other salmon habitat
project implemented in the region, including habitat preservation projects funded through the Washington wildlife and
recreation program, the conservation reserve enhancement
program, and other conservancy programs. The habitat work
schedule shall also include the start date, duration, estimated
date of completion, estimated cost, and, if appropriate, the
affected salmonid species of each project. Each schedule
shall be updated on an annual basis to depict new activities.
[2000 c 107 § 95; 1999 sp.s. c 13 § 12; 1998 c 246 § 8.
Formerly RCW 75.46.070.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.070 Technical advisory groups. (1) The
conservation commission, in consultation with local government and the tribes, shall invite private, federal, state, tribal,
and local government personnel with appropriate expertise to
act as a technical advisory group.
(2) For state personnel, involvement on the technical
advisory group shall be at the discretion of the particular
agency. Unless specifically provided for in the budget,
technical assistance participants shall be provided from
existing full-time equivalent employees.
(3) The technical advisory group shall identify the
limiting factors for salmonids to respond to the limiting
factors relating to habitat pursuant to RCW 77.85.060(2).
(4) Where appropriate, the conservation district within
the area implementing this chapter shall take the lead in
(2002 Ed.)
77.85.060
developing and maintaining relationships between the
technical advisory group and the private landowners under
*RCW 75.46.080. The conservation districts may assist
landowners to organize around river, tributary, estuary, or
subbasins of a watershed.
(5) Fishery enhancement groups and other volunteer
organizations may participate in the activities under this
section. [2000 c 107 § 97; 1998 c 246 § 10. Formerly
RCW 75.46.090.]
*Reviser’s note: RCW 75.46.080 expired July 1, 2000.
77.85.080 Sea grant program—Technical assistance
authorized. The sea grant program at the University of
Washington is authorized to provide technical assistance to
volunteer groups and other project sponsors in designing and
implementing habitat projects that address the limiting
factors analysis required under RCW 77.85.060. The cost
for such assistance may be covered on a fee-for-service
basis. [2000 c 107 § 98; 1999 sp.s. c 13 § 14; 1998 c 246
§ 11. Formerly RCW 75.46.100.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.090 Southwest Washington salmon recovery
region—Created. The southwest Washington salmon
recovery region, whose boundaries are provided in chapter
60, Laws of 1998, is created. [2000 c 107 § 99; 1998 c 246
§ 12. Formerly RCW 75.46.110.]
77.85.100 Work group—Evaluation of mitigation
alternatives. (1) The departments of transportation, fish and
wildlife, and ecology, and tribes shall convene a work group
to develop policy guidance to evaluate mitigation alternatives. The policy guidance shall be designed to enable
committees established under RCW 77.85.050 to develop
and implement habitat project lists that maximize environmental benefits from project mitigation while reducing
project design and permitting costs. The work group shall
seek technical assistance to ensure that federal, state, treaty
right, and local environmental laws and ordinances are met.
The purpose of this section is not to increase regulatory
requirements or expand departmental authority.
(2) The work group shall develop guidance for determining alternative mitigation opportunities. Such guidance
shall include criteria and procedures for identifying and
evaluating mitigation opportunities within a watershed. Such
guidance shall create procedures that provide alternative
mitigation that has a low risk to the environment, yet has
high net environmental, social, and economic benefits
compared to status quo options.
(3) The evaluation shall include:
(a) All elements of mitigation, including but not limited
to data requirements, decision making, state and tribal
agency coordination, and permitting; and
(b) Criteria and procedures for identifying and evaluating mitigation opportunities, including but not limited to the
criteria in chapter 90.74 RCW.
(4) Committees established under RCW 77.85.050 shall
coordinate voluntary collaborative efforts between habitat
project proponents and mitigation project proponents.
Mitigation funds may be used to implement projects identi[Title 77 RCW—page 109]
77.85.100
Title 77 RCW: Fish and Wildlife
fied by a work plan to mitigate for the impacts of a transportation or other development proposal or project.
(5) For the purposes of this section, "mitigation" has the
same meaning as provided in RCW 90.74.010. [2000 c 107
§ 100; 1998 c 246 § 16. Formerly RCW 75.46.120.]
77.85.110 Salmon recovery funding board—
Creation—Membership. (1) The salmon recovery funding
board is created consisting of ten members.
(2) Five members of the board shall be voting members
who are appointed by the governor, subject to confirmation
by the senate. One of these voting members shall be a
cabinet-level appointment as the governor’s representative to
the board. Board members who represent the general public
shall not have a financial or regulatory interest in salmon
recovery. The governor shall appoint one of the general
public members of the board as the chair. The voting
members of the board shall be appointed for terms of four
years, except that two members initially shall be appointed
for terms of two years and three members shall initially be
appointed for terms of three years. In making the appointments, the governor shall seek a board membership that
collectively provide the expertise necessary to provide strong
fiscal oversight of salmon recovery expenditures, and that
provide extensive knowledge of local government processes
and functions and an understanding of issues relevant to
salmon recovery in Washington state. The governor shall
appoint at least three of the voting members of the board no
later than ninety days after July 1, 1999. Vacant positions
on the board shall be filled in the same manner as the
original appointments. The governor may remove members
of the board for good cause.
In addition to the five voting members of the board, the
following five state officials shall serve as ex officio
nonvoting members of the board: The director of the department of fish and wildlife, the executive director of the
conservation commission, the secretary of transportation, the
director of the department of ecology, and the commissioner
of public lands. The state officials serving in an ex officio
capacity may designate a representative of their respective
agencies to serve on the board in their behalf. Such designations shall be made in writing and in such manner as is
specified by the board.
(3) Staff support to the board shall be provided by the
interagency committee for outdoor recreation. For administrative purposes, the board shall be located with the interagency committee for outdoor recreation.
(4) Members of the board who do not represent state
agencies shall be compensated as provided by RCW
43.03.250. Members of the board shall be reimbursed for
travel expenses as provided by RCW 43.03.050 and
43.03.060. [1999 sp.s. c 13 § 3. Formerly RCW
75.46.150.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.120 Board responsibilities—Grants and loans
administration assistance. (1) The salmon recovery
funding board is responsible for making grants and loans for
salmon habitat projects and salmon recovery activities from
[Title 77 RCW—page 110]
the amounts appropriated to the board for this purpose. To
accomplish this purpose the board may:
(a) Provide assistance to grant applicants regarding the
procedures and criteria for grant and loan awards;
(b) Make and execute all manner of contracts and
agreements with public and private parties as the board
deems necessary, consistent with the purposes of this
chapter;
(c) Accept any gifts, grants, or loans of funds, property,
or financial or other aid in any form from any other source
on any terms that are not in conflict with this chapter;
(d) Adopt rules under chapter 34.05 RCW as necessary
to carry out the purposes of this chapter; and
(e) Do all acts and things necessary or convenient to
carry out the powers expressly granted or implied under this
chapter.
(2) The interagency committee for outdoor recreation
shall provide all necessary grants and loans administration
assistance to the board, and shall distribute funds as provided
by the board in RCW 77.85.130. [2000 c 107 § 101; 1999
sp.s. c 13 § 4. Formerly RCW 75.46.160.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.130 Allocation of funds—Procedures and
criteria. (1) The salmon recovery funding board shall
develop procedures and criteria for allocation of funds for
salmon habitat projects and salmon recovery activities on a
statewide basis to address the highest priorities for salmon
habitat protection and restoration. To the extent practicable
the board shall adopt an annual allocation of funding. The
allocation should address both protection and restoration of
habitat, and should recognize the varying needs in each area
of the state on an equitable basis. The board has the
discretion to partially fund, or to fund in phases, salmon
habitat projects. The board may annually establish a
maximum amount of funding available for any individual
project, subject to available funding. No projects required
solely as a mitigation or a condition of permitting are
eligible for funding.
(2)(a) In evaluating, ranking, and awarding funds for
projects and activities the board shall give preference to
projects that:
(i) Are based upon the limiting factors analysis identified under RCW 77.85.060;
(ii) Provide a greater benefit to salmon recovery based
upon the stock status information contained in the department of fish and wildlife salmonid stock inventory (SASSI),
the salmon and steelhead habitat inventory and assessment
project (SSHIAP), and any comparable science-based
assessment when available;
(iii) Will benefit listed species and other fish species;
and
(iv) Will preserve high quality salmonid habitat.
(b) In evaluating, ranking, and awarding funds for
projects and activities the board shall also give consideration
to projects that:
(i) Are the most cost-effective;
(ii) Have the greatest matched or in-kind funding; and
(iii) Will be implemented by a sponsor with a successful
record of project implementation.
(2002 Ed.)
Salmon Recovery
(3) The board may reject, but not add, projects from a
habitat project list submitted by a lead entity for funding.
(4) For fiscal year 2000, the board may authorize the
interagency review team to evaluate, rank, and make funding
decisions for categories of projects or activities or from
funding sources provided for categories of projects or activities. In delegating such authority the board shall consider
the review team’s staff resources, procedures, and technical
capacity to meet the purposes and objectives of this chapter.
The board shall maintain general oversight of the team’s
exercise of such authority.
(5) The board shall seek the guidance of the technical
review team to ensure that scientific principles and information are incorporated into the allocation standards and into
proposed projects and activities. If the technical review
team determines that a habitat project list complies with the
critical pathways methodology under RCW 77.85.060, it
shall provide substantial weight to the list’s project priorities
when making determinations among applications for funding
of projects within the area covered by the list.
(6) The board shall establish criteria for determining
when block grants may be made to a lead entity or other
recognized regional recovery entity consistent with one or
more habitat project lists developed for that region. Where
a lead entity has been established pursuant to RCW
77.85.050, the board may provide grants to the lead entity to
assist in carrying out lead entity functions under this chapter,
subject to available funding. The board shall determine an
equitable minimum amount of funds for each region, and
shall distribute the remainder of funds on a competitive
basis.
(7) The board may waive or modify portions of the
allocation procedures and standards adopted under this
section in the award of grants or loans to conform to
legislative appropriations directing an alternative award
procedure or when the funds to be awarded are from federal
or other sources requiring other allocation procedures or
standards as a condition of the board’s receipt of the funds.
The board shall develop an integrated process to manage the
allocation of funding from federal and state sources to
minimize delays in the award of funding while recognizing
the differences in state and legislative appropriation timing.
(8) The board may award a grant or loan for a salmon
recovery project on private or public land when the landowner has a legal obligation under local, state, or federal law to
perform the project, when expedited action provides a clear
benefit to salmon recovery, and there will be harm to salmon
recovery if the project is delayed. For purposes of this
subsection, a legal obligation does not include a project
required solely as a mitigation or a condition of permitting.
(9) The board may condition a grant or loan to include
the requirement that property may only be transferred to a
federal agency if the agency that will acquire the property
agrees to comply with all terms of the grant or loan to which
the project sponsor was obligated. Property acquired or
improved by a project sponsor may be conveyed to a federal
agency, but only if the agency agrees to comply with all
terms of the grant or loan to which the project sponsor was
obligated. [2000 c 107 § 102; 2000 c 15 § 1; 1999 sp.s. c
13 § 5. Formerly RCW 75.46.170.]
Reviser’s note: This section was amended by 2000 c 15 § 1 and by
2000 c 107 § 102, each without reference to the other. Both amendments
(2002 Ed.)
77.85.130
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.135 Habitat project funding—Statement of
environmental benefits—Development of outcome-focused
performance measures. In providing funding for habitat
projects, the salmon recovery funding board shall require
recipients to incorporate the environmental benefits of the
project into their grant applications, and the board shall
utilize the statement of environmental benefits in its prioritization and selection process. The board shall also
develop appropriate outcome-focused performance measures
to be used both for management and performance assessment
of the grant program. To the extent possible, the board
should coordinate its performance measure system with other
natural resource-related agencies as defined in RCW
43.41.270. The board shall consult with affected interest
groups in implementing this section. [2001 c 227 § 9.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
77.85.140 Habitat project lists—Tracking of
funds—Report. (1) Habitat project lists shall be submitted
to the salmon recovery funding board for funding at least
once a year on a schedule established by the board. The
board shall provide the legislature with a list of the proposed
projects and a list of the projects funded by October 1st of
each year for informational purposes. Project sponsors who
complete salmon habitat projects approved for funding from
habitat project lists and have met grant application deadlines
will be paid by the salmon recovery funding board within
thirty days of project completion.
(2) The interagency committee for outdoor recreation
shall track all funds allocated for salmon habitat projects and
salmon recovery activities on behalf of the board, including
both funds allocated by the board and funds allocated by
other state or federal agencies for salmon recovery or water
quality improvement.
(3) Beginning in December 2000, the board shall
provide a biennial report to the governor and the legislature
on salmon recovery expenditures. This report shall be
coordinated with the state of the salmon report required
under RCW 77.85.020. [2001 c 303 § 1; 2000 c 107 § 103;
1999 sp.s. c 13 § 6. Formerly RCW 75.46.180.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.150 Statewide salmon recovery strategy—
Prospective application. (1) By September 1, 1999, the
governor, with the assistance of the salmon recovery office,
shall submit a statewide salmon recovery strategy to the
appropriate federal agencies administering the federal
endangered species act.
(2) The governor and the salmon recovery office shall
be guided by the following considerations in developing the
strategy:
(a) The strategy should identify statewide initiatives and
responsibilities with regional and local watershed initiatives
as the principal mechanism for implementing the strategy;
(b) The strategy should emphasize collaborative,
incentive-based approaches;
[Title 77 RCW—page 111]
77.85.150
Title 77 RCW: Fish and Wildlife
(c) The strategy should address all factors limiting the
recovery of Washington’s listed salmon stocks, including
habitat and water quality degradation, harvest and hatchery
management, inadequate streamflows, and other barriers to
fish passage. Where other limiting factors are beyond the
state’s jurisdictional authorities to respond to, such as some
natural predators and high seas fishing, the strategy shall
include the state’s requests for federal action to effectively
address these factors;
(d) The strategy should identify immediate actions
necessary to prevent extinction of a listed salmon stock,
establish performance measures to determine if restoration
efforts are working, recommend effective monitoring and
data management, and recommend to the legislature clear
and certain measures to be implemented if performance goals
are not met;
(e) The strategy shall rely on the best scientific information available and provide for incorporation of new information as it is obtained;
(f) The strategy should seek a fair allocation of the
burdens and costs upon economic and social sectors of the
state whose activities may contribute to limiting the recovery
of salmon; and
(g) The strategy should seek clear measures and
procedures from the appropriate federal agencies for removing Washington’s salmon stocks from listing under the federal act.
(3) Beginning on September 1, 2000, the strategy shall
be updated through an active public involvement process,
including early and meaningful opportunity for public
comment. In obtaining public comment, the salmon recovery office shall hold public meetings throughout the state and
shall encourage regional and local recovery planning efforts
to similarly ensure an active public involvement process.
(4) This section shall apply prospectively only and not
retroactively. Nothing in this section shall be construed to
invalidate actions taken in recovery planning at the local,
regional, or state level prior to July 1, 1999. [1999 sp.s. c
13 § 9. Formerly RCW 75.46.190.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.160 Salmon monitoring data, information.
State salmon monitoring data provided by lead entities,
regional fisheries enhancement groups, and others shall be
included in the data base of SASSI [salmon and steelhead
stock inventory] and SSHIAP [salmon and steelhead habitat
inventory assessment project]. Information pertaining to
habitat preservation projects funded through the Washington
wildlife and recreation program, the conservation reserve
enhancement program, and other conservancy programs
related to salmon habitat shall be included in the SSHIAP
data base. [1999 sp.s. c 13 § 13. Formerly RCW
75.46.200.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.170 Salmon recovery account. The salmon
recovery account is created in the state treasury. To the
account shall be deposited such funds as the legislature
directs or appropriates to the account. Moneys in the
[Title 77 RCW—page 112]
account may be spent only after appropriation. Expenditures
from the account may be used for salmon recovery. [1999
sp.s. c 13 § 16. Formerly RCW 75.46.210.]
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 77.85.005.
77.85.180 Findings. (1) The legislature finds that the
forests and fish report as defined in RCW 76.09.020 was
developed through extensive negotiations with the federal
agencies responsible for administering the endangered species act and the clean water act. The legislature further finds
that the forestry industry, small landowners, tribal governments, state and federal agencies, and counties have worked
diligently for nearly two years to reach agreement on
scientifically based changes to the forest practices rules, set
forth in the forests and fish report as defined in RCW
76.09.020. The legislature further finds that if existing forest
practices rules are amended as proposed in the forests and
fish report as defined in RCW 76.09.020, the resulting
changes in forest practices (a) will lead to: (i) Salmon
habitat that meets riparian functions vital to the long-term
recovery of salmon on more than sixty thousand miles of
streams in this state; (ii) identification of forest roads
contributing to habitat degradation and corrective action to
remedy those problems to protect salmon habitat; (iii)
increased protection of steep and unstable slopes; and (iv)
the implementation of scientifically based adaptive management and monitoring processes for evaluating the impacts of
forest practices on aquatic resources, as defined in RCW
76.09.020, and a process for amending the forest practices
rules to incorporate new information as it becomes available;
(b) will lead to the protection of aquatic resources to the
maximum extent practicable consistent with maintaining
commercial forest management as an economically viable
use of lands suitable for that purpose; and (c) will provide a
regulatory climate and structure more likely to keep landowners from converting forest lands to other uses that would
be less desirable for salmon recovery.
(2) The legislature further finds that the changes in laws
and rules contemplated by chapter 4, Laws of 1999 sp. sess.,
taken as a whole, constitute a comprehensive and coordinated program to provide substantial and sufficient contributions
to salmon recovery and water quality enhancement in areas
impacted by forest practices and are intended to fully satisfy
the requirements of the endangered species act (16 U.S.C.
Sec. 1531 et seq.) with respect to incidental take of salmon
and other aquatic resources and the clean water act (33
U.S.C. Sec. 1251 et seq.) with respect to nonpoint source
pollution attributable to forest practices.
(3) The legislature finds that coordination is needed
between the laws relating to forestry in chapter 76.09 RCW
and the state salmon recovery strategy being developed
under this chapter. The coordination should ensure that
nonfederal forest lands are managed in ways that make
appropriate contributions to the recovery of salmonid fish,
water quality, and related environmental amenities while
encouraging continued investments in those lands for
commercial forestry purposes. Specifically, the legislature
finds that forest practices rules relating to water quality,
salmon, certain other species of fish, certain species of
stream-associated amphibians, and their respective habitats
should be coordinated with the rules and policies relating to
(2002 Ed.)
Salmon Recovery
other land uses through the statewide salmon recovery planning process. The legislature further finds that this subchapter is but one part of a comprehensive salmon strategy as
required in this chapter, and this investment in salmon
habitat will be of little value if a comprehensive state plan
is not completed and fully implemented.
(4) The legislature recognizes that the adoption of forest
practices rules consistent with the forests and fish report as
defined in RCW 76.09.020 will impose substantial financial
burdens on forest landowners which, if not partially offset
through other changes in the laws and rules governing
forestry, could lead to significantly reduced silvicultural investments on nonfederal lands, deterioration in the quality,
condition, and amounts of forests on those lands, and longterm adverse effects on fish and wildlife habitat and other
environmental amenities associated with well managed
forests. Moreover, as the benefits of the proposed revisions
to the forest practices rules will benefit the general public,
chapter 4, Laws of 1999 sp. sess. suggests that some of these
costs be shared with the general public.
(5) As an integral part of implementing the salmon
recovery strategy, chapter 4, Laws of 1999 sp. sess. (a)
provides direction to the forest practices board, the department of natural resources, and the department of ecology
with respect to the adoption, implementation, and enforcement of rules relating to forest practices and the protection
of aquatic resources; (b) provides additional enforcement
tools to the department of natural resources to enforce the
forest practices rules; (c) anticipates the need for adequate
and consistent funding for the various programmatic elements necessary to fully implement the strategy over time
and derive the long-term benefits; (d) provides for the
acquisition by the state of forest lands within certain stream
channel migration zones where timber harvest will not be
allowed; (e) provides for small landowners to have costs
shared for a portion of any extraordinary economic losses
attributable to the revisions to the forest practices rules
required by chapter 4, Laws of 1999 sp. sess.; and (f)
amends other existing laws to aid in the implementation of
the recommendations set forth in the forests and fish report
as defined in RCW 76.09.020. [1999 sp.s. c 4 § 101.
Formerly RCW 75.46.300.]
Part headings not law—1999 sp.s. c 4: "Part headings used in this
act are not any part of the law." [1999 sp.s. c 4 § 1403.]
77.85.190 Federal assurances in forests and fish
report—Events constituting failure of assurances—
Governor’s authority to negotiate. (1) Chapter 4, Laws of
1999 sp. sess. has been enacted on the assumption that the
federal assurances described in the forests and fish report as
defined in RCW 76.09.020 will be obtained and that forest
practices conducted in accordance with chapter 4, Laws of
1999 sp. sess. and the rules adopted under chapter 4, Laws
of 1999 sp. sess. will not be subject to additional regulations
or restrictions for aquatic resources except as provided in the
forests and fish report.
(2) The occurrence of any of the following events shall
constitute a failure of assurances:
(a) Either (i) the national marine fisheries service or the
United States fish and wildlife service fails to promulgate an
effective rule under 16 U.S.C. Sec. 1533(d) covering each
aquatic resource that is listed as threatened under the
(2002 Ed.)
77.85.180
endangered species act within two years after the date on
which the aquatic resource is so listed or, in the case of bull
trout, within two years after August 18, 1999; or (ii) any
such rule fails to permit any incidental take that would occur
from the conduct of forest practices in compliance with the
rules adopted under chapter 4, Laws of 1999 sp. sess. or
fails to confirm that such forest practices would not otherwise be in violation of the endangered species act and the
regulations promulgated under that act. However, this
subsection (2)(a) is not applicable to any aquatic resource
covered by an incidental take permit described in (c) of this
subsection;
(b) Either the national marine fisheries service or the
United States fish and wildlife service shall promulgate an
effective rule under 16 U.S.C. Sec. 1533(d) covering any
aquatic resource that would preclude the conduct of forest
practices consistent with the prescriptions outlined in the
forests and fish report. However, this subsection (2)(b) is
not applicable to any aquatic resource covered by an
incidental take permit described in (c) of this subsection;
(c) Either the secretary of the interior or the secretary of
commerce fails to issue an acceptable incidental take permit
under 16 U.S.C. Sec. 1539(a) covering all fish and wildlife
species included within aquatic resources on or before June
30, 2005. An acceptable incidental take permit will (i)
permit the incidental take, if any, of all fish and wildlife species included within aquatic resources resulting from the
conduct of forest practices in compliance with the prescriptions outlined in the forests and fish report; (ii) provide
protection to the state of Washington and its subdivisions
and to landowners and operators; (iii) not require the
commitment of additional resources beyond those required
to be committed under the forests and fish report; and (iv)
provide "no-surprises" protection as described in 50 C.F.R.
Parts 17 and 222 (1998);
(d) Either the national marine fisheries service or the
United States fish and wildlife service fails to promulgate an
effective rule under 16 U.S.C. Sec. 1533(d) within five years
after the date on which a fish species is listed as threatened
or endangered under the endangered species act which prohibits actions listed under 16 U.S.C. 1538;
(e) The environmental protection agency or department
of ecology fails to provide the clean water act assurances
described in appendix M to the forests and fish report; or
(f) The assurances described in (a) through (e) of this
subsection are reversed or otherwise rendered ineffective by
subsequent federal legislation or rule making or by final
decision of any court of competent jurisdiction.
Upon the occurrence of a failure of assurances, any
agency, tribe, or other interested person including, without
limitation, any forest landowner, may provide written notice
of the occurrence of such failure of assurances to the legislature and to the office of the governor. Promptly upon
receipt of such a notice, the governor shall review relevant
information and if he or she determines that a failure of
assurances has occurred, the governor shall make such a
finding in a written report with recommendations and deliver
such report to the legislature. Upon notice of the occurrence
of a failure of assurances, the legislature shall review chapter
4, Laws of 1999 sp. sess., all rules adopted by the forest
practices board, the department of ecology, or the department
of fish and wildlife at any time after January 1, 1999, that
[Title 77 RCW—page 113]
77.85.190
Title 77 RCW: Fish and Wildlife
were adopted primarily for the protection of one or more
aquatic resources and affect forest practices and the terms of
the forests and fish report, and shall take such action,
including the termination of funding or the modification of
other statutes, as it deems appropriate.
(3) The governor may negotiate with federal officials,
directly or through designated representatives, on behalf of
the state and its agencies and subdivisions, to obtain assurances from federal agencies to the effect that compliance
with the forest practices rules as amended under chapter 4,
Laws of 1999 sp. sess. and implementation of the recommendations in the forests and fish report will satisfy federal
requirements under the endangered species act and the clean
water act and related regulations, including the negotiation
of a rule adopted under section 4(d) of the endangered
species act, entering into implementation agreements and
receiving incidental take permits under section 10 of the
endangered species act or entering into other intergovernmental agreements.
(4)(a) It is expressly understood that the state will
pursue a rule delineating federal assurances under 16 U.S.C.
Sec. 1533(d) and may concurrently develop a Sec. 10(a)
habitat conservation plan by June 2005. The department of
natural resources must report regularly to the house of
representatives and senate natural resources committees on
the progress of the program, and on any technical or legal
issues that may arise.
(b) The forest and fish agreement as embodied in
chapter 4, Laws of 1999 sp. sess. and this chapter, the rules
adopted by the forest practices board to implement this
chapter, and all protections for small forest landowners, are
reaffirmed as part of the extension of time granted in chapter
228, Laws of 2002 and will be collectively included in the
federal assurances sought by the state of Washington. [2002
c 228 § 1; 1999 sp.s. c 4 § 1301. Formerly RCW
75.46.350.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.190.
77.85.200 Steelhead recovery program—
Management board—Duties—Termination of program.
(1) A program for steelhead recovery is established in Clark,
Cowlitz, Lewis, Skamania, and Wahkiakum counties within
the habitat area classified as evolutionarily significant unit 4
by the federal national marine fisheries service. The
management board created under subsection (2) of this
section is responsible for implementing the habitat portion of
the approved steelhead recovery initiative and is empowered
to receive and disburse funds for the approved steelhead
recovery initiative. The management board created pursuant
to this section shall constitute the lead entity and the
committee established under RCW 77.85.050 responsible for
fulfilling the requirements and exercising powers under this
chapter.
(2) A management board consisting of fifteen voting
members is created within evolutionarily significant unit 4.
The members shall consist of one county commissioner or
designee from each of the five participating counties selected
by each county legislative authority; one member representing the cities contained within evolutionarily significant unit
4 as a voting member selected by the cities in evolutionarily
significant unit 4; a representative of the Cowlitz Tribe
[Title 77 RCW—page 114]
appointed by the tribe; one state legislator elected from one
of the legislative districts contained within evolutionarily significant unit 4 selected by that group of state legislators
representing the area; five representatives to include at least
one member who represents private property interests
appointed by the five county commissioners or designees;
one hydro utility representative nominated by hydro utilities
and appointed by the five county commissioners or
designees; and one representative nominated from the
environmental community who resides in evolutionarily
significant unit 4 appointed by the five county commissioners or designees. The board shall appoint and consult a
technical advisory committee, which shall include four
representatives of state agencies one each appointed by the
directors of the departments of ecology, fish and wildlife,
and transportation, and the commissioner of public lands.
The board may also appoint additional persons to the
technical advisory committee as needed. The chair of the
board shall be selected from among the five county commissioners or designees and the legislator on the board. In
making appointments under this subsection, the county
commissioners shall consider recommendations of interested
parties. Vacancies shall be filled in the same manner as the
original appointments were selected. No action may be
brought or maintained against any management board member, the management board, or any of its agents, officers, or
employees for any noncontractual acts or omissions in
carrying out the purposes of this section.
(3)(a) The management board shall participate in the
development of a recovery plan to implement its responsibilities under (b) of this subsection. The management board
shall consider local watershed efforts and activities as well
as habitat conservation plans in the implementation of the
recovery plan. Any of the participating counties may
continue its own efforts for restoring steelhead habitat.
Nothing in this section limits the authority of units of local
government to enter into interlocal agreements under chapter
39.34 RCW or any other provision of law.
(b) The management board is responsible for implementing the habitat portions of the local government responsibilities of the lower Columbia steelhead conservation
initiative approved by the state and the national marine fisheries service. The management board may work in cooperation with the state and the national marine fisheries service
to modify the initiative, or to address habitat for other
aquatic species that may be subsequently listed under the
federal endangered species act. The management board may
not exercise authority over land or water within the individual counties or otherwise preempt the authority of any units
of local government.
(c) The management board shall prioritize as appropriate
and approve projects and programs related to the recovery of
lower Columbia river steelhead runs, including the funding
of those projects and programs, and coordinate local government efforts as prescribed in the recovery plan. The
management board shall establish criteria for funding
projects and programs based upon their likely value in
steelhead recovery. The management board may consider
local economic impact among the criteria, but jurisdictional
boundaries and factors related to jurisdictional population
may not be considered as part of the criteria.
(2002 Ed.)
Salmon Recovery
(d) The management board shall assess the factors for
decline along each prioritized stream as listed in the lower
Columbia steelhead conservation initiative. The management
board is encouraged to take a stream-by-stream approach in
conducting the assessment which utilizes state and local
expertise, including volunteer groups, interest groups, and
affected units of local government.
(4) The management board has the authority to hire and
fire staff, including an executive director, enter into contracts, accept grants and other moneys, disburse funds, make
recommendations to cities and counties about potential code
changes and the development of programs and incentives
upon request, pay all necessary expenses, and may choose a
fiduciary agent. The management board shall report on its
progress on a quarterly basis to the legislative bodies of the
five participating counties and the state natural resourcerelated agencies. The management board shall prepare a
final report at the conclusion of the program describing its
efforts and successes in implementing the habitat portion of
the lower Columbia steelhead conservation initiative. The
final report shall be transmitted to the appropriate committees of the legislature, the legislative bodies of the participating counties, and the state natural resource-related agencies.
(5) The program terminates on July 1, 2006.
(6) For purposes of this section, "evolutionarily significant unit" means the habitat area identified for an
evolutionarily significant unit of an aquatic species listed or
proposed for listing as a threatened or endangered species
under the federal endangered species act (16 U.S.C. Sec.
1531 et seq.). [2001 c 135 § 1; 2000 c 107 § 121; 1998 c
60 § 2. Formerly RCW 75.56.050.]
Effective date—2001 c 135: "This act takes effect August 1, 2001."
[2001 c 135 § 3.]
Finding—Intent—1998 c 60: "The legislature recognizes the need
to address listings that are made under the federal endangered species act
(16 U.S.C. Sec. 1531 et seq.) in a way that will make the most efficient use
of existing efforts. The legislature finds that the principle of adaptive
management requires that different models should be tried so that the
lessons learned from these models can be put to use throughout the state.
It is the intent of the legislature to create a program for southwestern
Washington to address the recent steelhead listings and which takes full
advantage of all state and local efforts at habitat restoration in that area to
date." [2001 c 135 § 2; 1998 c 60 § 1.]
Effective date—1998 c 60: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 19, 1998]." [1998 c 60 § 3.]
77.85.210 Monitoring activities—Monitoring
oversight committee—Legislative steering committee—
Report to the legislature—Monitoring strategy and action
plan. (1) The monitoring oversight committee is hereby
established. The committee shall be comprised of the
directors or their designated representatives of:
(a) The salmon recovery office;
(b) The department of ecology;
(c) The department of fish and wildlife;
(d) The conservation commission;
(e) The Puget Sound action team;
(f) The department of natural resources;
(g) The department of transportation; and
(h) The interagency committee for outdoor recreation.
(2) The director of the salmon recovery office and the
chair of the salmon recovery funding board, or their
(2002 Ed.)
77.85.200
designees, shall cochair the committee. The cochairs shall
convene the committee as necessary to develop, for the
consideration of the governor and legislature, a comprehensive and coordinated monitoring strategy and action plan on
watershed health with a focus on salmon recovery. The
committee shall invite representation from the treaty tribes
to participate in the committee’s efforts. In addition, the
committee shall invite participation by other state, local, and
federal agencies and other entities as appropriate. The committee shall address the monitoring recommendations of the
independent science panel provided under RCW 77.85.040(7)
and of the joint legislative audit and review committee in its
report number 01-1 on investing in the environment.
(3) The independent science panel shall act as an
advisor to the monitoring oversight committee and shall
review all work products developed by the committee and
make recommendations to the committee cochairs.
(4) A legislative steering committee is created consisting
of four legislators. Two of the legislators shall be members
of the house of representatives, each representing different
major political parties, appointed by the co-speakers of the
house of representatives. The other two legislators shall be
members of the senate, each representing different major
political parties, appointed by the president of the senate.
The monitoring oversight committee shall provide briefings
to the legislative steering committee on a quarterly basis on
the progress that the oversight committee is making on the
development of the coordinated monitoring strategy and action plan, and the establishment of an adaptive management
framework. The briefings shall include information on how
the monitoring strategy will be coordinated with other
government efforts, expected benefits and efficiencies that
will be achieved, recommended funding sources and funding
levels that will ensure stable sources of funding for monitoring, and the efforts and cooperation provided by agencies to
improve coordination of their activities.
(5) The committee shall make recommendations to
individual agencies to improve coordination of monitoring
activities.
(6) The committee shall:
(a) Define the monitoring goals, objectives, and questions that must be addressed as part of a comprehensive
statewide salmon recovery monitoring and adaptive management framework;
(b) Identify and evaluate existing monitoring activities
for inclusion in the framework, while ensuring data consistency and coordination and the filling of monitoring gaps;
(c) Recommend statistical designs appropriate to the
objectives;
(d) Recommend performance measures appropriate to
the objectives and targeted to the appropriate geographical,
temporal, and biological scales;
(e) Recommend standardized monitoring protocols for
salmon recovery and watershed health;
(f) Recommend procedures to ensure quality assurance
and quality control of all relevant data;
(g) Recommend data transfer protocols to support easy
access, sharing, and coordination among different collectors
and users;
(h) Recommend ways to integrate monitoring information into decision making;
[Title 77 RCW—page 115]
77.85.210
Title 77 RCW: Fish and Wildlife
(i) Recommend organizational and governance structures
for oversight and implementation of the coordinated monitoring framework;
(j) Recommend stable sources of funding that will
ensure the continued operation and maintenance of the
state’s salmon recovery and watershed health monitoring
programs, once established; and
(k) Identify administrative actions that will be undertaken by state agencies to implement elements of the coordinated monitoring program.
(7) In developing the coordinated monitoring strategy,
the committee shall coordinate with other appropriate state,
federal, local, and tribal monitoring efforts, including but not
limited to the Northwest power planning council, the
Northwest Indian fisheries commission, the national marine
fisheries service, and the United States fish and wildlife
service. The committee shall also consult with watershed
planning units under chapter 90.82 RCW, lead entities under
this chapter, professional organizations, and other appropriate
groups.
(8) The cochairs shall provide an interim report to the
governor and the members of the appropriate legislative
committees by March 1, 2002, on the progress made in implementing this section. By December 1, 2002, the committee shall provide a monitoring strategy and action plan to the
governor, and the members of the appropriate legislative
committees for achieving a comprehensive watershed health
monitoring program with a focus on salmon recovery. The
strategy and action plan shall document the results of the
committee’s actions in addressing the responsibilities
described in subsection (6) of this section. In addition, the
monitoring strategy and action plan shall include an assessment of existing state agency operations related to monitoring, evaluation, and adaptive management of watershed
health and salmon recovery, and shall recommend any
operational or statutory changes and funding necessary to
fully implement the enhanced coordination program developed under this section. The plan shall make recommendations based upon the goal of fully realizing an enhanced and
coordinated monitoring program by June 30, 2007. [2001 c
298 § 3.]
Finding—Intent—2001 c 298: "The legislature finds that a
comprehensive program of monitoring is fundamental to making sound
public policy and programmatic decisions regarding salmon recovery and
watershed health. Monitoring provides accountability for results of
management actions and provides the data upon which an adaptive
management framework can lead to improvement of strategies and
programs. Monitoring is also a required element of any salmon recovery
plan submitted to the federal government for approval. While numerous
agencies and citizen organizations are engaged in monitoring a wide range
of salmon recovery and watershed health parameters, there is a greater need
for coordination of monitoring efforts, for using limited monitoring
resources to obtain information most useful for achieving relevant local,
state, and federal requirements regarding watershed health and salmon
recovery, and for making the information more accessible to those agencies
and organizations implementing watershed health programs and projects.
Regarding salmon recovery monitoring, the state independent science panel
has concluded that many programs already monitor indicators relevant to
salmonids, but the efforts are largely uncoordinated or unlinked among
programs, have different objectives, use different indicators, lack support for
sharing data, and lack shared statistical designs to address specific issues
raised by listing of salmonid species under the federal endangered species
act.
Therefore, it is the intent of the legislature to encourage the refocusing
of existing agency monitoring activities necessary to implement a comprehensive watershed health monitoring program, with a focus on salmon
[Title 77 RCW—page 116]
recovery. The program should: Be based on a framework of greater
coordination of existing monitoring activities; require monitoring activities
most relevant to adopted local, state, and federal watershed health objectives; and facilitate the exchange of monitoring information with agencies
and organizations carrying out watershed health, salmon recovery, and water
resources management planning and programs." [2001 c 298 § 1.]
77.85.900 Captions not law. Captions used in this
chapter are not any part of the law. [1998 c 246 § 18.
Formerly RCW 75.46.900.]
Chapter 77.90
SALMON ENHANCEMENT FACILITIES—
BOND ISSUE
Sections
77.90.010
77.90.020
77.90.030
77.90.040
77.90.050
77.90.060
77.90.070
77.90.080
General obligation bonds authorized—Purpose—Terms—
Appropriation required.
Administration of proceeds.
"Facilities" defined.
Form, terms, conditions, etc., of bonds.
Anticipation notes—Authorized—Payment of principal and
interest on bonds and notes.
Salmon enhancement construction bond retirement fund—
Created—Purpose.
Availability of sufficient revenue required before bonds
issued.
Bonds legal investment for public funds.
77.90.010 General obligation bonds authorized—
Purpose—Terms—Appropriation required. For the
purpose of providing funds for the planning, acquisition,
construction, and improvement of salmon hatcheries, other
salmon propagation facilities including natural production
sites, and necessary supporting facilities within the state, the
state finance committee may issue general obligation bonds
of the state of Washington in the sum of twenty-nine million
two hundred thousand dollars or so much thereof as may be
required to finance the improvements defined in this chapter
and all costs incidental thereto. These bonds shall be paid
and discharged within thirty years. No bonds authorized by
this chapter may be offered for sale without prior legislative
appropriation of the proceeds of such bonds to be sold.
[1990 1st ex.s. c 15 § 10. Prior: 1989 1st ex.s. c 14 § 15;
1989 c 136 § 8; 1985 ex.s. c 4 § 10; 1983 1st ex.s. c 46 §
162; 1981 c 261 § 1; 1980 c 15 § 1; 1977 ex.s. c 308 § 2.
Formerly RCW 75.48.020.]
Severability—1990 1st ex.s. c 15: See note following RCW
43.99H.010.
Severability—Effective dates—1989 1st ex.s. c 14: See RCW
43.99H.900 and 43.99H.901.
Intent—1989 c 136: See note following RCW 43.83A.020.
Severability—1985 ex.s. c 4: See RCW 43.99G.900.
Legislative finding—1977 ex.s. c 308: "The long range economic
development goals for the state of Washington must include the restoration
of salmon runs to provide an increased supply of this renewable resource for
the benefit of commercial and recreational users and the economic wellbeing of the state." [1977 ex.s. c 308 § 1. Formerly RCW 75.48.010.]
77.90.020 Administration of proceeds. The proceeds
from the sale of the bonds deposited in the salmon enhancement construction account of the general fund under the
terms of this chapter shall be administered by the department
(2002 Ed.)
Salmon Enhancement Facilities—Bond Issue
77.90.020
subject to legislative appropriation. [1983 1st ex.s. c 46 §
164; 1977 ex.s. c 308 § 4. Formerly RCW 75.48.040.]
directed herein. [1983 1st ex.s. c 46 § 168; 1977 ex.s. c 308
§ 8. Formerly RCW 75.48.080.]
77.90.030 "Facilities" defined. As used in this
chapter, "facilities" means salmon propagation facilities
including, but not limited to, all equipment, utilities, structures, real property, and interests in and improvements on
real property, as well as stream bed clearing, for or incidental to the acquisition, construction, or development of salmon
propagation facilities. Specifically, the term includes a
spawning channel on the Skagit river. [1983 1st ex.s. c 46
§ 165; 1981 c 261 § 2; 1977 ex.s. c 308 § 5. Formerly
RCW 75.48.050.]
77.90.070 Availability of sufficient revenue required
before bonds issued. The bonds authorized by this chapter
shall be issued only after the director has certified, based
upon reasonable estimates and data provided to the department, that sufficient revenues will be available from sport
and commercial salmon license sales and from salmon fees
and taxes to meet the requirements of RCW 77.90.060
during the life of the bonds. [2000 c 107 § 104; 1983 1st
ex.s. c 46 § 170; 1977 ex.s. c 308 § 10. Formerly RCW
75.48.100.]
77.90.040 Form, terms, conditions, etc., of bonds.
The state finance committee may prescribe the form, terms,
conditions, and covenants of the bonds, the time or times of
sale of all or any portion of them, and the conditions and
manner of their sale and issuance. [1989 c 136 § 9; 1983
1st ex.s. c 46 § 166; 1977 ex.s. c 308 § 6. Formerly RCW
75.48.060.]
77.90.080 Bonds legal investment for public funds.
The bonds authorized in this chapter are a legal investment
for all state funds or for funds under state control and for all
funds of any other public body. [1983 1st ex.s. c 46 § 171;
1977 ex.s. c 308 § 11. Formerly RCW 75.48.110.]
Intent—1989 c 136: See note following RCW 43.83A.020.
77.90.050 Anticipation notes—Authorized—
Payment of principal and interest on bonds and notes.
When the state finance committee has decided to issue the
bonds or a portion thereof, it may, pending the issuing of the
bonds, issue, in the name of the state, temporary notes in
anticipation of the money to be derived from the sale of the
bonds, which notes shall be designated as "anticipation
notes". The portion of the proceeds of the sale of the bonds
as may be required for the purpose shall be applied to the
payment of the principal of and interest on the anticipation
notes which have been issued. The bonds and notes shall
pledge the full faith and credit of the state of Washington
and shall contain an unconditional promise to pay the
principal and interest when due. The state finance committee may authorize the use of a printed facsimile of the seal
of the state of Washington in the issuance of the bonds and
notes. [1983 1st ex.s. c 46 § 167; 1977 ex.s. c 308 § 7.
Formerly RCW 75.48.070.]
77.90.060 Salmon enhancement construction bond
retirement fund—Created—Purpose. The salmon enhancement construction bond retirement fund is created in
the state treasury. This fund shall be exclusively devoted to
the payment of interest on and retirement of the bonds
authorized by this chapter. The state finance committee
shall, on or before June 30th of each year, certify to the state
treasurer the amount required in the next succeeding twelve
months for the payment of the principal of and the interest
coming due on the bonds. Not less than thirty days prior to
the date on which the interest or principal and interest
payment is due, the state treasurer shall withdraw from any
general state revenues received in the state treasury and
deposit in the salmon enhancement construction bond retirement fund an amount equal to the amount certified by the
state finance committee to be due on such payment date.
The owner and holder of each of the bonds or the trustee for
any of the bonds may by mandamus or other appropriate
proceeding require the transfer and payment of funds as
(2002 Ed.)
Chapter 77.95
SALMON ENHANCEMENT PROGRAM
Sections
77.95.010
77.95.020
77.95.030
77.95.040
77.95.050
77.95.060
77.95.070
77.95.080
77.95.090
77.95.100
77.95.110
77.95.120
77.95.130
77.95.140
77.95.150
77.95.160
77.95.170
77.95.180
77.95.190
77.95.200
77.95.210
77.95.220
77.95.230
77.95.240
77.95.250
77.95.260
77.95.270
77.95.280
77.95.290
77.95.300
77.95.310
77.95.900
Legislative findings.
Long-term regional policy statements.
Salmon enhancement plan—Enhancement projects.
Commission to monitor enhancement projects and enhancement plan.
"Enhancement project" defined.
Regional fisheries enhancement group authorized.
Regional fisheries enhancement groups—Goals.
Regional fisheries enhancement groups—Incorporation prerequisites.
Regional fisheries enhancement group account—Revenue
sources, uses, and limitations.
Regional fisheries enhancement groups—Start-up funds.
Regional fisheries enhancement group advisory board.
Regional fisheries enhancement group advisory board—
Duties and authority.
Regional fisheries enhancement salmonid recovery account—Created.
Skagit river salmon recovery plan.
Coordination with regional enhancement groups—Findings.
Fish passage barrier removal task force—Membership—
Recommendations.
Salmonid fish passage—Removing impediments—Grant
program—Administration—Data base directory.
Fish passage barrier removal program.
Field testing of remote site incubators.
Remote site incubator program—Reports to the legislature.
Sale of surplus salmon eggs—Order of priority.
Legislative finding.
Director’s determination of salmon production costs.
State purchase of private salmon smolts.
State purchase of private salmon smolts—Bids.
State purchase of private salmon smolts—Private ocean
ranching not authorized.
State purchase of private salmon smolts—Availability of
excess salmon eggs.
Chinook and coho salmon—External marking of hatcheryproduced fish—Findings.
Chinook and coho salmon—External marking of hatcheryproduced fish—Program.
Chinook and coho salmon—External marking of hatcheryproduced fish—Rules.
Annual report—Salmon and steelhead harvest.
Severability—1985 c 458.
[Title 77 RCW—page 117]
77.95.010
Title 77 RCW: Fish and Wildlife
77.95.010 Legislative findings. Currently, many of
the salmon stocks of Washington state are critically reduced
from their sustainable level. The best interests of all fishing
groups and the citizens as a whole are served by a stable and
productive salmon resource. Immediate action is needed to
reverse the severe decline of the resource and to insure its
very survival. The legislature finds a state of emergency
exists and that immediate action is required to restore its
fishery.
Disagreement and strife have dominated the salmon
fisheries for many years. Conflicts among the various
fishing interests have only served to erode the resource. It
is time for the state of Washington to make a major commitment to increasing productivity of the resource and to move
forward with an effective rehabilitation and enhancement
program. The commission is directed to dedicate its efforts
and the efforts of the department to seek resolution to the
many conflicts that involve the resource.
Success of the enhancement program can only occur if
projects efficiently produce salmon or restore habitat. The
expectation of the program is to optimize the efficient use of
funding on projects that will increase artificially and naturally produced salmon, restore and improve habitat, or identify
ways to increase the survival of salmon. The full utilization
of state resources and cooperative efforts with interested
groups are essential to the success of the program. [1995 1st
sp.s. c 2 § 33 (Referendum Bill No. 45, approved November
7, 1995); 1993 sp.s. c 2 § 45; 1985 c 458 § 1. Formerly
RCW 75.50.010.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.95.020 Long-term regional policy statements. (1)
The commission shall develop long-term regional policy
statements regarding the salmon fishery resources before
December 1, 1985. The commission shall consider the
following in formulating and updating regional policy
statements:
(a) Existing resource needs;
(b) Potential for creation of new resources;
(c) Successful existing programs, both within and
outside the state;
(d) Balanced utilization of natural and hatchery production;
(e) Desires of the fishing interest;
(f) Need for additional data or research;
(g) Federal court orders; and
(h) Salmon advisory council recommendations.
(2) The commission shall review and update each policy
statement at least once each year. [1995 1st sp.s. c 2 § 34
(Referendum Bill No. 45, approved November 7, 1995);
1985 c 458 § 2. Formerly RCW 75.50.020.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s c 2: See note following RCW
43.17.020.
[Title 77 RCW—page 118]
77.95.030 Salmon enhancement plan—Enhancement
projects. (1) The commission shall develop a detailed
salmon enhancement plan with proposed enhancement
projects. The plan and the regional policy statements shall
be submitted to the secretary of the senate and chief clerk of
the house of representatives for legislative distribution by
June 30, 1986. The enhancement plan and regional policy
statements shall be provided by June 30, 1986, to the natural
resources committees of the house of representatives and the
senate. The commission shall provide a maximum opportunity for the public to participate in the development of the
salmon enhancement plan. To insure full participation by all
interested parties, the commission shall solicit and consider
enhancement project proposals from Indian tribes, sports
fishermen, commercial fishermen, private aquaculturists, and
other interested groups or individuals for potential inclusion
in the salmon enhancement plan. Joint or cooperative
enhancement projects shall be considered for funding.
(2) The following criteria shall be used by the commission in formulating the project proposals:
(a) Compatibility with the long-term policy statement;
(b) Benefit/cost analysis;
(c) Needs of all fishing interests;
(d) Compatibility with regional plans, including harvest
management plans;
(e) Likely increase in resource productivity;
(f) Direct applicability of any research;
(g) Salmon advisory council recommendations;
(h) Compatibility with federal court orders;
(i) Coordination with the salmon and steelhead advisory
commission program;
(j) Economic impact to the state;
(k) Technical feasibility; and
(l) Preservation of native salmon runs.
(3) The commission shall not approve projects that serve
as replacement funding for projects that exist prior to May
21, 1985, unless no other sources of funds are available.
(4) The commission shall prioritize various projects and
establish a recommended implementation time schedule.
[1995 1st sp.s. c 2 § 35 (Referendum Bill No. 45, approved
November 7, 1995); 1985 c 458 § 3. Formerly RCW
75.50.030.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.95.040 Commission to monitor enhancement
projects and enhancement plan. Upon approval by the
legislature of funds for its implementation, the commission
shall monitor the progress of projects detailed in the salmon
enhancement plan.
The commission shall be responsible for establishing
criteria which shall be used to measure the success of each
project in the salmon enhancement plan. [1995 1st sp.s. c 2
§ 36 (Referendum Bill No. 45, approved November 7,
1995); 1985 c 458 § 4. Formerly RCW 75.50.040.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
(2002 Ed.)
Salmon Enhancement Program
77.95.050 "Enhancement project" defined. As used
in this chapter, "enhancement project" means salmon
propagation activities including, but not limited to, hatcheries, spawning channels, rearing ponds, egg boxes, fishways,
fish screens, stream bed clearing, erosion control, habitat
restoration, net pens, applied research projects, and any
equipment, real property, or other interest necessary to the
proper operation thereof. [1985 c 458 § 6. Formerly RCW
75.50.060.]
77.95.060 Regional fisheries enhancement group
authorized. The legislature finds that it is in the best
interest of the salmon resource of the state to encourage the
development of regional fisheries enhancement groups. The
accomplishments of one existing group, the Grays Harbor
fisheries enhancement task force, have been widely recognized as being exemplary. The legislature recognizes the
potential benefits to the state that would occur if each region
of the state had a similar group of dedicated citizens working
to enhance the salmon resource.
The legislature authorizes the formation of regional
fisheries enhancement groups. These groups shall be eligible
for state financial support and shall be actively supported by
the commission and the department. The regional groups
shall be operated on a strictly nonprofit basis, and shall seek
to maximize the efforts of volunteer and private donations to
improve the salmon resource for all citizens of the state.
[1995 1st sp.s. c 2 § 38 (Referendum Bill No. 45, approved
November 7, 1995); 1993 sp.s. c 2 § 46; 1989 c 426 § 1.
Formerly RCW 75.50.070.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Severability—1989 c 426: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 426 § 10.]
77.95.070 Regional fisheries enhancement groups—
Goals. Regional fisheries enhancement groups, consistent
with the long-term regional policy statements developed
under RCW 77.95.020, shall seek to:
(1) Enhance the salmon and steelhead resources of the
state;
(2) Maximize volunteer efforts and private donations to
improve the salmon and steelhead resources for all citizens;
(3) Assist the department in achieving the goal to
double the statewide salmon and steelhead catch by the year
2000; and
(4) Develop projects designed to supplement the fishery
enhancement capability of the department. [2000 c 107 §
105; 1997 c 389 § 5; 1993 sp.s. c 2 § 47; 1989 c 426 § 4.
Formerly RCW 75.50.080.]
Findings—1997 c 389: See note following RCW 77.95.100.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Severability—1989 c 426: See note following RCW 77.95.060.
(2002 Ed.)
77.95.050
77.95.080 Regional fisheries enhancement groups—
Incorporation prerequisites. Each regional fisheries
enhancement group shall be incorporated pursuant to Title 24
RCW. Any interested person or group shall be permitted to
join. It is desirable for the group to have representation
from all categories of fishers and other parties that have
interest in salmon within the region, as well as the general
public. [1990 c 58 § 2. Formerly RCW 75.50.090.]
Findings—1990 c 58: "The legislature finds that: (1) It is in the best
interest of the state to encourage nonprofit regional fisheries enhancement
groups authorized in RCW 75.50.070 to participate in enhancing the state’s
salmon population including, but not limited to, salmon research, increased
natural and artificial production, and through habitat improvement; (2) such
regional fisheries enhancement groups interested in improving salmon
habitat and rearing salmon shall be eligible for financial assistance; (3) such
regional fisheries enhancement groups should seek to maximize the efforts
of volunteer personnel and private donations; (4) this program will assist the
state in its goal to double the salmon catch by the year 2000; (5) this
program will benefit both commercial and recreational fisheries and improve
cooperative efforts to increase salmon production through a coordinated
approach with similar programs in other states and Canada; and (6) the
Grays Harbor fisheries enhancement task force’s exemplary performance in
salmon enhancement provides a model for establishing regional fisheries
enhancement groups by rule adopted under RCW 75.50.070, 75.50.080, and
75.50.090 through 75.50.110." [1990 c 58 § 1.]
77.95.090 Regional fisheries enhancement group
account—Revenue sources, uses, and limitations. The
dedicated regional fisheries enhancement group account is
created in the custody of the state treasurer. Only the
commission or the commission’s designee may authorize
expenditures from the account. The account is subject to
allotment procedures under chapter 43.88 RCW, but no
appropriation is required for expenditures.
A portion of each recreational fishing license fee shall
be used as provided in RCW 77.32.440. A surcharge of one
hundred dollars shall be collected on each commercial
salmon fishery license, each salmon delivery license, and
each salmon charter license sold in the state. All receipts
shall be placed in the regional fisheries enhancement group
account and shall be used exclusively for regional fisheries
enhancement group projects for the purposes of RCW
77.95.110. Funds from the regional fisheries enhancement
group account shall not serve as replacement funding for
department operated salmon projects that exist on January 1,
1991.
All revenue from the department’s sale of salmon carcasses and eggs that return to group facilities shall be
deposited in the regional fisheries enhancement group
account for use by the regional fisheries enhancement group
that produced the surplus. The commission shall adopt rules
to implement this section pursuant to chapter 34.05 RCW.
[2000 c 107 § 106. Prior: 1998 c 245 § 155; 1998 c 191 §
27; 1995 1st sp.s. c 2 § 39 (Referendum Bill No. 45,
approved November 7, 1995); prior: 1993 sp.s. c 17 § 11;
1993 c 340 § 53; 1990 c 58 § 3. Formerly RCW
75.50.100.]
Effective date—1998 c 191: See note following RCW 77.32.400.
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
[Title 77 RCW—page 119]
77.95.090
Title 77 RCW: Fish and Wildlife
Finding, intent—Captions not law—Effective date—Severability—
1993 c 340: See notes following RCW 77.65.010.
Effective date—1990 c 58 § 3: "Section 3 of this act shall take effect
January 1, 1991." [1990 c 58 § 6.]
Findings—1990 c 58: See note following RCW 77.95.080.
77.95.100 Regional fisheries enhancement groups—
Start-up funds. The department may provide start-up funds
to regional fisheries enhancement groups for costs associated
with any enhancement project. The regional fisheries
enhancement group advisory board and the commission shall
develop guidelines for providing funds to the regional
fisheries enhancement groups. [2000 c 107 § 107; 1997 c
389 § 2. Formerly RCW 75.50.105.]
Findings—1997 c 389: "(1) The legislature finds that:
(a) Currently, many of the salmon stocks on the Washington coast and
in Puget Sound are severely depressed and may soon be listed under the
federal endangered species act.
(b) Immediate action is needed to reverse the severe decline of this
resource and ensure its very survival.
(c) The cooperation and participation of private landowners is crucial
in efforts to restore and enhance salmon populations.
(d) Regional fisheries enhancement groups have been exceptionally
successful in their efforts to work with private landowners to restore and
enhance salmon habitat on private lands.
(e) State funding for regional fisheries enhancement groups has been
declining and is a significant limitation to current fisheries enhancement and
habitat restoration efforts.
(f) Therefore, a stable funding source is essential to the success of the
regional enhancement groups and their efforts to work cooperatively with
private landowners to restore salmon resources.
(2) The legislature further finds that:
(a) The increasing population and continued development throughout
the state, and the transportation system needed to serve this growth, have
exacerbated problems associated with culverts, creating barriers to fish
passage.
(b) These barriers obstruct habitat and have resulted in reduced
production and survival of anadromous and resident fish at a time when
salmonid stocks continue to decline.
(c) Current state laws do not appropriately direct resources for the
correction of fish passage obstructions related to transportation facilities.
(d) Current fish passage management efforts related to transportation
projects lack necessary coordination on a watershed, regional, and statewide
basis, have inadequate funding, and fail to maximize use of available
resources.
(e) Therefore, the legislature finds that the department of transportation
and the department of fish and wildlife should work with state, tribal, local
government, and volunteer entities to develop a coordinated, watershedbased fish passage barrier removal program." [1997 c 389 § 1.]
77.95.110 Regional fisheries enhancement group
advisory board. (1) A regional fisheries enhancement
group advisory board is established to make recommendations to the commission. The members shall be appointed
by the commission and consist of two commercial fishing
representatives, two recreational fishing representatives, and
three at-large positions. At least two of the advisory board
members shall be members of a regional fisheries enhancement group. Advisory board members shall serve three-year
terms. The advisory board membership shall include two
members serving ex officio to be nominated, one through the
Northwest Indian fisheries commission, and one through the
Columbia river intertribal fish commission. The chair of the
regional fisheries enhancement group advisory board shall be
elected annually by members of the regional fisheries
enhancement group advisory board. The advisory board
shall meet at least quarterly. All meetings of the advisory
[Title 77 RCW—page 120]
board shall be open to the public under the open public
meetings act, chapter 42.30 RCW.
The department shall invite the advisory board to
comment and provide input into all relevant policy initiatives, including, but not limited to, wild stock, hatcheries,
and habitat restoration efforts.
(2) Members shall not be compensated but shall receive
reimbursement for travel expenses in accordance with RCW
43.03.050 and 43.03.060.
(3) The department may use account funds to provide
agency assistance to the groups, to provide professional,
administrative or clerical services to the advisory board, or
to implement the training and technical assistance services
plan as developed by the advisory board pursuant to RCW
77.95.120. The level of account funds used by the department shall be determined by the commission after review of
recommendation by the regional fisheries enhancement group
advisory board and shall not exceed twenty percent of annual
contributions to the account. [2000 c 107 § 108. Prior:
1995 1st sp.s. c 2 § 40 (Referendum Bill No. 45, approved
November 7, 1995); 1995 c 367 § 5; 1990 c 58 § 4.
Formerly RCW 75.50.110.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Severability—Effective date—1995 c 367: See notes following
RCW 77.95.150.
Findings—1990 c 58: See note following RCW 77.95.080.
77.95.120 Regional fisheries enhancement group
advisory board—Duties and authority. (1) The regional
fisheries enhancement group advisory board shall:
(a) Assess the training and technical assistance needs of
the regional fisheries enhancement groups;
(b) Develop a training and technical assistance services
plan in order to provide timely, topical technical assistance
and training services to regional fisheries enhancement
groups. The plan shall be provided to the director and to the
senate and house of representatives natural resources
committees no later than October 1, 1995, and shall be
updated not less than every year. The advisory board shall
provide ample opportunity for the public and interested
parties to participate in the development of the plan. The
plan shall include but is not limited to:
(i) Establishment of an information clearinghouse
service that is readily available to regional fisheries enhancement groups. The information clearinghouse shall collect,
collate, and make available a broad range of information on
subjects that affect the development, implementation, and
operation of diverse fisheries and habitat enhancement
projects. The information clearinghouse service may include
periodical news and informational bulletins;
(ii) An ongoing program in order to provide direct, onsite technical assistance and services to regional fisheries
enhancement groups. The advisory board shall assist
regional fisheries enhancement groups in soliciting federal,
state, and local agencies, tribal governments, institutions of
higher education, and private business for the purpose of
providing technical assistance and services to regional
fisheries enhancement group projects; and
(iii) A cost estimate for implementing the plan;
(2002 Ed.)
Salmon Enhancement Program
(c) Propose a budget to the director for operation of the
advisory board and implementation of the technical assistance plan;
(d) Make recommendations to the director regarding
regional enhancement group project proposals and funding
of those proposals; and
(e) Establish criteria for the redistribution of unspent
project funds for any regional enhancement group that has a
year ending balance exceeding one hundred thousand dollars.
(2) The regional fisheries enhancement group advisory
board may:
(a) Facilitate resolution of disputes between regional
fisheries enhancement groups and the department;
(b) Promote community and governmental partnerships
that enhance the salmon resource and habitat;
(c) Promote environmental ethics and watershed
stewardship;
(d) Advocate for watershed management and restoration;
(e) Coordinate regional fisheries enhancement group
workshops and training;
(f) Monitor and evaluate regional fisheries enhancement
projects;
(g) Provide guidance to regional fisheries enhancement
groups; and
(h) Develop recommendations to the director to address
identified impediments to the success of regional fisheries
enhancement groups.
(3)(a) The regional fisheries enhancement group
advisory board shall develop recommendations for limitations on the amount of overhead that a regional fisheries
enhancement group may charge from each of the following
categories of funding provided to the group:
(i) Federal funds;
(ii) State funds;
(iii) Local funds; and
(iv) Private donations.
(b) The advisory board shall develop recommendations
for limitations on the number and salary of paid employees
that are employed by a regional fisheries enhancement
group. The regional fisheries enhancement group advisory
board shall adhere to the founding principles for regional
groups that emphasize the volunteer nature of the groups,
maximization of field-related fishery resource benefits, and
minimization of overhead.
(c) The advisory board shall evaluate and make recommendations for the limitation or elimination of commissions,
finders fees, or other reimbursements to regional fisheries
enhancement group employees. [2000 c 107 § 109; 1998 c
96 § 1; 1995 c 367 § 6. Formerly RCW 75.50.115.]
Severability—Effective date—1995 c 367: See notes following
RCW 77.95.150.
77.95.130 Regional fisheries enhancement salmonid
recovery account—Created. The regional fisheries
enhancement salmonid recovery account is created in the
state treasury. All receipts from federal sources and moneys
from state sources specified by law must be deposited into
the account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
for the sole purpose of fisheries enhancement and habitat
restoration by regional fisheries enhancement groups. [1997
c 389 § 3. Formerly RCW 75.50.125.]
(2002 Ed.)
77.95.120
Findings—1997 c 389: See note following RCW 77.95.100.
77.95.140 Skagit river salmon recovery plan. The
commission shall prepare a salmon recovery plan for the
Skagit river. The plan shall include strategies for employing
displaced timber workers to conduct salmon restoration and
other tasks identified in the plan. The plan shall incorporate
the best available technology in order to achieve maximum
restoration of depressed salmon stocks. The plan must
encourage the restoration of natural spawning areas and
natural rearing of salmon but must not preclude the development of an active hatchery program. [1995 1st sp.s. c 2 §
41 (Referendum Bill No. 45, approved November 7, 1995);
1993 sp.s. c 2 § 48; 1992 c 88 § 1. Formerly RCW
75.50.130.]
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.95.150 Coordination with regional enhancement
groups—Findings. The legislature finds that:
(1) Regional enhancement groups are a valuable
resource for anadromous fish recovery. They improve
critical fish habitat and directly contribute to anadromous
fish populations through fish restoration technology.
(2) Due to a decrease in recreational and commercial
salmon license sales, regional enhancement groups are
receiving fewer financial resources at a time when recovery
efforts are needed most.
(3) To maintain regional enhancement groups as an
effective enhancement resource, technical assets of state
agencies must be coordinated and utilized to maximize the
financial resources of regional enhancement groups and
overall fish recovery efforts. [1995 c 367 § 1. Formerly
RCW 75.50.150.]
Severability—1995 c 367: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 367 § 12.]
Effective date—1995 c 367: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 16, 1995]." [1995 c 367 § 13.]
77.95.160 Fish passage barrier removal task force—
Membership—Recommendations. The department and the
department of transportation shall convene a fish passage
barrier removal task force. The task force shall consist of
one representative each from the department, the department
of transportation, the department of ecology, tribes, cities,
counties, a business organization, an environmental organization, regional fisheries enhancement groups, and other
interested entities as deemed appropriate by the cochairs.
The persons representing the department and the department
of transportation shall serve as cochairs of the task force and
shall appoint members to the task force. The task force shall
make recommendations to expand the program in RCW
77.95.180 to identify and expedite the removal of humanmade or caused impediments to anadromous fish passage in
[Title 77 RCW—page 121]
77.95.160
Title 77 RCW: Fish and Wildlife
the most efficient manner practical. Program recommendations shall include a funding mechanism and other necessary
mechanisms to coordinate and prioritize state, tribal, local,
and volunteer efforts within each water resource inventory
area. A priority shall be given to projects that immediately
increase access to available and improved spawning and
rearing habitat for depressed, threatened, and endangered
stocks. The department or the department of transportation
may contract with cities and counties to assist in the identification and removal of impediments to anadromous fish
passage. [2000 c 107 § 110; 1997 c 389 § 6; 1995 c 367 §
2. Formerly RCW 75.50.160.]
Findings—1997 c 389: See note following RCW 77.95.100.
Severability—Effective date—1995 c 367: See notes following
RCW 77.95.150.
77.95.170 Salmonid fish passage—Removing
impediments—Grant program—Administration—Data
base directory. (1) The department of transportation and
the department of fish and wildlife may administer and
coordinate all state grant programs specifically designed to
assist state agencies, local governments, private landowners,
tribes, organizations, and volunteer groups in identifying and
removing impediments to salmonid fish passage. The
transportation improvement board may administer all grant
programs specifically designed to assist cities, counties, and
local governments with fish passage barrier corrections
associated with transportation projects. All grant programs
must be administered and be consistent with the following:
(a) Salmonid-related corrective projects, inventory,
assessment, and prioritization efforts;
(b) Salmonid projects subject to a competitive application process; and
(c) A minimum dollar match rate that is consistent with
the funding authority’s criteria. If no funding match is
specified, a match amount of at least twenty-five percent per
project is required. For local, private, and volunteer projects,
in-kind contributions may be counted toward the match requirement.
(2) Priority shall be given to projects that immediately
increase access to available and improved spawning and
rearing habitat for depressed, threatened, and endangered
stocks. Priority shall also be given to project applications
that are coordinated with other efforts within a watershed.
(3) Except for projects administered by the transportation improvement board, all projects shall be reviewed and
approved by the fish passage barrier removal task force or
an alternative oversight committee designated by the state
legislature.
(4) Other agencies that administer natural resource based
grant programs that may include fish passage barrier removal
projects shall use fish passage selection criteria that are
consistent with this section.
(5) The departments of transportation and fish and
wildlife shall establish a centralized data base directory of all
fish passage barrier information. The data base directory
must include, but is not limited to, existing fish passage
inventories, fish passage projects, grant program applications,
and other data bases. These data must be used to coordinate
and assist in habitat recovery and project mitigation projects.
[Title 77 RCW—page 122]
[1999 c 242 § 4; 1998 c 249 § 16. Formerly RCW
75.50.165.]
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
77.95.180 Fish passage barrier removal program.
To maximize available state resources, the department and
the department of transportation shall work in partnership
with the regional fisheries enhancement group advisory
board to identify cooperative projects to eliminate fish
passage barriers caused by state roads and highways. The
advisory board may provide input to the department to aid
in identifying priority barrier removal projects that can be
accomplished with the assistance of regional fisheries
enhancement groups. The department of transportation shall
provide engineering and other technical services to assist
regional fisheries enhancement groups with fish passage barrier removal projects, provided that the barrier removal
projects have been identified as a priority by the department
of fish and wildlife and the department of transportation has
received an appropriation to continue the fish barrier removal
program. [1995 c 367 § 3. Formerly RCW 75.50.170.]
Severability—Effective date—1995 c 367: See notes following
RCW 77.95.150.
77.95.190 Field testing of remote site incubators.
The department shall coordinate with the regional fisheries
enhancement group advisory board to field test coho and
chinook salmon remote site incubators. The purpose of field
testing efforts shall be to gather conclusive scientific data on
the effectiveness of coho and chinook remote site incubators.
[1995 c 367 § 10. Formerly RCW 75.50.180.]
Severability—Effective date—1995 c 367: See notes following
RCW 77.95.150.
77.95.200 Remote site incubator program—Reports
to the legislature. (1) The department shall develop and
implement a program utilizing remote site incubators in
Washington state. The program shall identify sites in
tributaries that are suitable for reestablishing self-sustaining,
locally adapted populations of coho, chum, or chinook
salmon. The initial selection of sites shall be completed by
July 1, 1999, and updated annually thereafter.
(2) The department may only approve a remote site
incubator project if the department deems it is consistent
with the conservation of wild salmon and trout. The
department shall only utilize appropriate salmonid eggs in
remote site incubators, and may acquire eggs by gift or
purchase.
(3) The department shall depend chiefly upon volunteer
efforts to implement the remote site incubator program
through volunteer cooperative projects and the regional
fisheries enhancement groups. The department may
prioritize remote site incubator projects within regional
enhancement areas.
(4) The department may purchase remote site incubators
and may use agency employees to construct remote site
incubators. The director and the secretary of the department
of corrections shall jointly investigate the potential of
producing remote site incubators through the prison industries program of the department of corrections, and shall
(2002 Ed.)
Salmon Enhancement Program
jointly report their finding to the natural resources committees of the house of representatives and the senate by
December 1, 1999.
(5) The department shall investigate the use of the
remote site incubator technology for the production of warm
water fish.
(6) The department shall evaluate the initial results of
the program and report to the legislature by December 1,
2000. Annual reports on the progress of the program shall
be provided to the fish and wildlife commission. [1998 c
251 § 2. Formerly RCW 75.50.190.]
Finding—1998 c 251: "The legislature finds that trout and salmon
populations are depleted in many state waters. Restoration of these
populations to a healthy status requires improved protection of these species
and their habitats. However, in some instances restoration of self-sustaining
populations also requires the reintroduction of the fish into their native
habitat.
Remote site incubators have been shown to be a cost-effective means
of bypassing the early period of high mortality experienced by salmonid
eggs that are naturally spawned in streams. In addition, remote site
incubators provide an efficient method for reintroduction of fish into areas
that are not seeded by natural spawning. The technology for remote site
incubators is well developed, and their application is easily accomplished
in a wide variety of habitat by persons with a moderate level of training.
It is a goal of the remote site incubator program to assist the
reestablishment of wild salmon and trout populations that are self-sustaining
through natural spawning. In other cases, where the habitat has been
permanently damaged and natural populations cannot sustain themselves, the
remote site incubator program may become a cost-effective long-term
solution for supplementation of fish populations." [1998 c 251 § 1.]
77.95.210 Sale of surplus salmon eggs—Order of
priority. (1) Except as provided in subsection (2) of this
section, the department may supply, at a reasonable charge,
surplus salmon eggs to a person for use in the cultivation of
salmon. The department shall not intentionally create a
surplus of salmon to provide eggs for sale. The department
shall only sell salmon eggs from stocks that are not suitable
for salmon population rehabilitation or enhancement in state
waters in Washington after the salmon harvest on surplus
salmon has been first maximized by both commercial and
recreational fishers.
(2) The department shall not destroy hatchery origin
salmon for the purposes of destroying viable eggs that would
otherwise be useful for propagation or salmon recovery
purposes, as determined by the department and Indian tribes
with treaty fishing rights in a collaborative manner, for
replenishing fish runs. Eggs deemed surplus by the state
must be provided, in the following order of priority, to:
(a) Voluntary cooperative salmon culture programs
under the supervision of the department under chapter 77.100
RCW;
(b) Regional fisheries enhancement group salmon
culture programs under the supervision of the department
under this chapter;
(c) Salmon culture programs requested by lead entities
and approved by the salmon funding recovery board under
chapter 77.85 RCW;
(d) Hatcheries of federally approved tribes in Washington to whom eggs are moved, not sold, under the interlocal
cooperation act, chapter 39.34 RCW; and
(e) Governmental hatcheries in Washington, Oregon,
and Idaho.
(2002 Ed.)
77.95.200
The order of priority established in this subsection for
distributing surplus eggs does not apply when there is a
shortfall in the supply of eggs.
(3) All sales, provisions, distributions, or transfers shall
be consistent with the department’s egg transfer and aquaculture disease control regulations as now existing or hereafter
amended. Prior to department determination that eggs of a
salmon stock are surplus and available for sale, the department shall assess the productivity of each watershed that is
suitable for receiving eggs. [2001 c 337 § 1; 2000 c 107 §
11; 1988 c 115 § 1; 1983 1st ex.s. c 46 § 25; 1974 ex.s. c
23 § 1; 1971 c 35 § 4. Formerly RCW 75.08.245,
75.16.120.]
Sale of surplus salmon eggs and carcasses by volunteer cooperative fish
projects: RCW 77.100.040.
77.95.220
Legislative finding. The legislature finds
that:
(1) The fishery resources of Washington are critical to
the social and economic needs of the citizens of the state;
(2) Salmon production is dependent on both wild and
artificial production;
(3) The department is directed to enhance Washington’s
salmon runs; and
(4) Full utilization of the state’s salmon rearing facilities
is necessary to enhance commercial and recreational fisheries. [1993 sp.s. c 2 § 24; 1989 c 336 § 1. Formerly RCW
75.08.400.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Severability—1989 c 336: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 336 § 7.]
77.95.230 Director’s determination of salmon
production costs. The director shall determine the cost of
operating all state-funded salmon production facilities at full
capacity and shall provide this information with the
department’s biennial budget request. [1989 c 336 § 2.
Formerly RCW 75.08.410.]
Severability—1989 c 336: See note following RCW 77.95.220.
77.95.240 State purchase of private salmon smolts.
The director may contract with cooperatives or private
aquaculturists for the purchase of quality salmon smolts for
release into public waters if all department fish rearing facilities are operating at full capacity. The intent of cooperative
and private sector contracting is to explore the opportunities
of cooperatively producing more salmon for the public
fisheries without incurring additional capital expense for the
department. [1989 c 336 § 3. Formerly RCW 75.08.420.]
Severability—1989 c 336: See note following RCW 77.95.220.
77.95.250 State purchase of private salmon smolts—
Bids. If the director elects to contract with cooperatives or
private aquaculturists for the purpose of purchasing quality
salmon smolts, contracting shall be done by a competitive
bid process. In awarding contracts to private contractors, the
director shall give preference to nonprofit corporations. The
[Title 77 RCW—page 123]
77.95.250
Title 77 RCW: Fish and Wildlife
director shall establish the criteria for the contract, which
shall include but not be limited to species, size of smolt,
stock composition, quantity, quality, rearing location, release
location, and other pertinent factors. [1989 c 336 § 4.
Formerly RCW 75.08.430.]
Severability—1989 c 336: See note following RCW 77.95.220.
77.95.260 State purchase of private salmon smolts—
Private ocean ranching not authorized. Nothing in
chapter 336, Laws of 1989 shall authorize the practice of
private ocean ranching. Privately contracted smolts become
the property of the state at the time of release. [1989 c 336
§ 5. Formerly RCW 75.08.440.]
Severability—1989 c 336: See note following RCW 77.95.220.
77.95.270 State purchase of private salmon smolts—
Availability of excess salmon eggs. Except as provided in
RCW 77.95.210, the department may make available to
private contractors salmon eggs in excess of department
hatchery needs for the purpose of contract rearing to release
the smolts into public waters. However, providing salmon
eggs as specified in RCW 77.95.210(2) has the highest priority. The priority of providing eggs surplus after meeting the
requirements of RCW 77.95.210(2) to contract rearing is a
higher priority than providing eggs to aquaculture purposes
that are not destined for release into Washington public
waters. [2001 c 337 § 2; 1989 c 336 § 6. Formerly RCW
75.08.450.]
Severability—1989 c 336: See note following RCW 77.95.220.
77.95.280 Chinook and coho salmon—External
marking of hatchery-produced fish—Findings. The
legislature declares that the state has a vital interest in the
continuation of recreational fisheries for chinook salmon and
coho salmon in mixed stock areas, and that the harvest of
hatchery origin salmon should be encouraged while wild
salmon should be afforded additional protection when
required. A program of selective harvest shall be developed
utilizing hatchery salmon that are externally marked in a
conspicuous manner, regulations that promote the unharmed
release of unmarked fish, when and where appropriate, and
a public information program that educates the public about
the need to protect depressed stocks of wild salmon.
The legislature further declares that the establishment of
other incentives for commercial fishing and fish processing
in Washington will complement the program of selective
harvest in mixed stock fisheries anticipated by this legislation. [1995 c 372 § 1. Formerly RCW 75.08.500.]
77.95.290 Chinook and coho salmon—External
marking of hatchery-produced fish—Program. The
department shall mark appropriate coho salmon that are
released from department operated hatcheries and rearing
ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers for the purpose of
maximized catch while sustaining wild and hatchery reproduction.
The department shall mark all appropriate chinook
salmon targeted for contribution to the Washington catch that
are released from department operated hatcheries and rearing
[Title 77 RCW—page 124]
ponds in such a manner that the fish are externally recognizable as hatchery origin salmon by fishers.
The goal of the marking program is: (1) The annual
marking by June 30, 1997, of all appropriate hatchery origin
coho salmon produced by the department with marking to
begin with the 1994 Puget Sound coho brood; and (2) the
annual marking by June 30, 1999, of all appropriate hatchery
origin chinook salmon produced by the department with
marking to begin with the 1998 chinook brood. The
department may experiment with different methods for
marking hatchery salmon with the primary objective of
maximum survival of hatchery marked fish, maximum
contribution to fisheries, and minimum cost consistent with
the other goals.
The department shall coordinate with other entities that
are producing hatchery chinook and coho salmon for release
into public waters to enable the broadest application of the
marking program to all hatchery produced chinook and coho
salmon. The department shall work with the treaty Indian
tribes in order to reach mutual agreement on the implementation of the mass marking program. The ultimate goal of the
program is the coast-wide marking of appropriate hatchery
origin chinook and coho salmon, and the protection of all
wild chinook and coho salmon, where appropriate. [1999 c
372 § 15; 1998 c 250 § 2; 1995 c 372 § 2. Formerly RCW
75.08.510.]
Findings—Intent—1998 c 250: "The legislature finds that mass
marking of hatchery-raised salmon is an effective tool for implementing
selective salmon fisheries in this state. Mass marking of coho salmon is
currently underway and holds great promise for maintaining both recreational and commercial fishing opportunities while protecting wild stocks. In
view of the anticipated listing of Puget Sound chinook salmon as endangered under the federal endangered species act, the legislature finds that it
is essential to expeditiously proceed with implementing a mass marking
program for chinook salmon in Puget Sound and elsewhere in the state.
Through a cooperative effort by state and federal agencies and private
enterprise, appropriate technologies have been developed for marking
chinook salmon. It is the intent of the legislature to use these newly
developed tools to implement chinook salmon mass marking beginning in
April 1999." [1998 c 250 § 1.]
77.95.300 Chinook and coho salmon—External
marking of hatchery-produced fish—Rules. The department shall adopt rules to control the mixed stock chinook
and coho fisheries of the state so as to sustain healthy stocks
of wild salmon, allow the maximum survival of wild salmon,
allow for spatially separated fisheries that target on hatchery
stocks, foster the best techniques for releasing wild chinook
and coho salmon, and contribute to the economic viability of
the fishing businesses of the state. [1995 c 372 § 3.
Formerly RCW 75.08.520.]
77.95.310 Annual report—Salmon and steelhead
harvest. Beginning September 1, 1998, and each September
1st thereafter, the department shall submit a report to the
appropriate standing committees of the legislature identifying
the total salmon and steelhead harvest of the preceding
season. This report shall include the final commercial
harvests and recreational harvests. At a minimum, the report
shall clearly identify:
(1) The total treaty tribal and nontribal harvests by
species and by management unit;
(2) Where and why the nontribal harvest does not meet
the full allocation allowed under United States v. Washing(2002 Ed.)
Salmon Enhancement Program
ton, 384 F. Supp. 312 (1974) (Boldt I) including a summary
of the key policies within the management plan that result in
a less than full nontribal allocation; and
(3) The location and quantity of salmon and steelhead
harvested under the wastage provisions of United States v.
Washington, 384 F. Supp. 312 (1974). [1997 c 414 § 1.
Formerly RCW 75.08.530.]
77.95.900 Severability—1985 c 458. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 458 § 12. Formerly RCW 75.50.900.]
77.95.310
77.100.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Volunteer group" means any person or group of
persons interested in or party to an agreement with the
department relating to a cooperative fish or wildlife project.
(2) "Cooperative project" means a project conducted by
a volunteer group that will benefit the fish, shellfish, game
bird, nongame wildlife, or game animal resources of the state
and for which the benefits of the project, including fish and
wildlife reared and released, are available to all citizens of
the state. Indian tribes may elect to participate in cooperative fish and wildlife projects with the department. [2000 c
107 § 111; 1993 sp.s. c 2 § 50; 1988 c 36 § 42; 1984 c 72
§ 2. Formerly RCW 75.52.020.]
Chapter 77.100
VOLUNTEER FISH AND WILDLIFE
ENHANCEMENT PROGRAM
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Sections
77.100.010 Legislative findings—Department to administer cooperative
enhancement program.
77.100.020 Definitions.
77.100.030 Cooperative projects—Types.
77.100.040 Cooperative projects—Sale of surplus salmon eggs and
carcasses.
77.100.050 Duties of department.
77.100.060 Commission to establish rules—Subjects.
77.100.070 Agreements for cooperative projects—Duration.
77.100.080 Duties of volunteer group.
77.100.090 Application of chapter.
77.100.100 Cedar river spawning channel.
77.100.110 Cedar river spawning channel—Technical committee—
Policy committee.
77.100.120 Cedar river spawning channel—Specifications.
77.100.130 Cedar river spawning channel—Funding.
77.100.140 Cedar river spawning channel—Transfer of funds.
77.100.150 Cedar river spawning channel—Legislative declaration.
77.100.160 Cedar river spawning channel—Mitigation of water diversion projects.
77.100.170 Fish hatcheries—Volunteer group projects.
77.100.900 Severability—1984 c 72.
77.100.030 Cooperative projects—Types. The
department shall encourage and support the development and
operation of cooperative projects of the following types:
(1) Cooperative food fish and game fish rearing projects, including but not limited to egg planting, egg boxes,
juvenile planting, pen rearing, pond rearing, raceway rearing,
and egg taking;
(2) Cooperative fish habitat improvement projects,
including but not limited to fish migration improvement,
spawning bed rehabilitation, habitat restoration, reef construction, lake fertilization, pond construction, pollution
abatement, and endangered stock protection;
(3) Cooperative fish or game research projects if the
project is clearly of a research nature and if the results are
readily available to the public;
(4) Cooperative game bird and game animal projects,
including but not limited to habitat improvement and
restoration, replanting and transplanting, nest box installation,
pen rearing, game protection, and supplemental feeding;
(5) Cooperative nongame wildlife projects, including but
not limited to habitat improvement and restoration, nest box
installation, establishment of wildlife interpretive areas or
facilities, pollution abatement, supplemental feeding, and
endangered species preservation and enhancement; and
(6) Cooperative information and education projects,
including but not limited to landowner relations, outdoor
ethics, natural history of Washington’s fish, shellfish, and
wildlife, and outdoor survival. [1984 c 72 § 3. Formerly
RCW 75.52.030.]
77.100.010 Legislative findings—Department to
administer cooperative enhancement program. The fish
and wildlife resources of the state benefit by the contribution
of volunteer recreational and commercial fishing organizations, schools, and other volunteer groups in cooperative
projects under agreement with the department. These
projects provide educational opportunities, improve the
communication between the natural resources agencies and
the public, and increase the fish and game resources of the
state. In an effort to increase these benefits and realize the
full potential of cooperative projects, the department shall
administer a cooperative fish and wildlife enhancement
program and enter agreements with volunteer groups relating
to the operation of cooperative projects. [1993 sp.s. c 2 §
49; 1988 c 36 § 41; 1984 c 72 § 1. Formerly RCW
75.52.010.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.100.040 Cooperative projects—Sale of surplus
salmon eggs and carcasses. The department may authorize
the sale of surplus salmon eggs and carcasses by permitted
cooperative projects for the purposes of defraying the
expenses of the cooperative project. In no instance shall the
department allow a profit to be realized through such sales.
The department shall adopt rules to implement this section
pursuant to chapter 34.05 RCW. [1993 sp.s. c 2 § 51; 1987
c 48 § 1. Formerly RCW 75.52.035.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
(2002 Ed.)
[Title 77 RCW—page 125]
77.100.040
Title 77 RCW: Fish and Wildlife
Sale of surplus salmon eggs by department: RCW 77.95.210.
77.100.050 Duties of department. (1) The department shall:
(a) Encourage and support the establishment of cooperative agreements for the development and operation of
cooperative food fish, shellfish, game fish, game bird, game
animal, and nongame wildlife projects, and projects which
provide an opportunity for volunteer groups to become
involved in resource and habitat-oriented activities. All
cooperative projects shall be fairly considered in the approval of cooperative agreements;
(b) Identify regions and species or activities that would
be particularly suitable for cooperative projects providing
benefits compatible with department goals;
(c) Determine the availability of rearing space at
operating facilities or of net pens, egg boxes, portable
rearing containers, incubators, and any other rearing facilities
for use in cooperative projects, and allocate them to volunteer groups as fairly as possible;
(d) Make viable eggs available for replenishing fish
runs, and salmon carcasses for nutrient enhancement of
streams. If a regional fisheries enhancement group, lead
entity, volunteer cooperative group, federally approved tribe
in Washington, or a governmental hatchery in Washington,
Oregon, or Idaho requests the department for viable eggs, the
department must include the request within the brood stock
document prepared for review by the regional offices. The
eggs shall be distributed in accordance with the priority
established in RCW 77.95.210 if they are available. A
request for viable eggs may only be denied if the eggs would
not be useful for propagation or salmon recovery purposes,
as determined under RCW 77.95.210;
(e) Exempt volunteer groups from payment of fees to
the department for activities related to the project;
(f) Publicize the cooperative program;
(g) Not substitute a new cooperative project for any part
of the department’s program unless mutually agreeable to the
department and volunteer group;
(h) Not approve agreements that are incompatible with
legally existing land, water, or property rights.
(2) The department may, when requested, provide to
volunteer groups its available professional expertise and
assist the volunteer group to evaluate its project. The
department must conduct annual workshops in each administrative region of the department that has fish stocks listed as
threatened or endangered under the federal endangered
species act, 16 U.S.C. Sec. 1531 et seq., in order to assist
volunteer groups with egg rearing, share information on
successful salmon recovery projects accomplished by
volunteers within the state, and provide basic training on
monitoring efforts that can be accomplished by volunteers in
order to help determine if their efforts are successful. [2001
c 337 § 3; 1987 c 505 § 73; 1984 c 72 § 4. Formerly RCW
75.52.040.]
77.100.060 Commission to establish rules—Subjects.
The commission shall establish by rule:
(1) The procedure for entering a cooperative agreement
and the application forms for a permit to release fish or
wildlife required by *RCW 77.12.457. The procedure shall
[Title 77 RCW—page 126]
indicate the information required from the volunteer group
as well as the process of review by the department. The
process of review shall include the means to coordinate with
other agencies and Indian tribes when appropriate and to
coordinate the review of any necessary hydraulic permit
approval applications.
(2) The procedure for providing within forty-five days
of receipt of a proposal a written response to the volunteer
group indicating the date by which an acceptance or rejection of the proposal can be expected, the reason why the date
was selected, and a written summary of the process of
review. The response should also include any suggested
modifications to the proposal which would increase its
likelihood of approval and the date by which such modified
proposal could be expected to be accepted. If the proposal
is rejected, the department must provide in writing the
reasons for rejection. The volunteer group may request the
director or the director’s designee to review information
provided in the response.
(3) The priority of the uses to which eggs, seed,
juveniles, or brood stock are put. Use by cooperative
projects shall be second in priority only to the needs of programs of the department or of other public agencies within
the territorial boundaries of the state. Sales of eggs, seed,
juveniles, or brood stock have a lower priority than use for
cooperative projects. The rules must identify and implement
appropriate protocols for brood stock handling, including the
outplanting of adult fish, spawning, incubation, rearing, and
release and establish a prioritized schedule for implementation of chapter 337, Laws of 2001, and shall include directives for allowing more hatchery salmon to spawn naturally
in areas where progeny of hatchery fish have spawned,
including the outplanting of adult fish, in order to increase
the number of viable salmon eggs and restore healthy
numbers of fish within the state.
(4) The procedure for the director to notify a volunteer
group that the agreement for the project is being revoked for
cause and the procedure for revocation. Revocation shall be
documented in writing to the volunteer group. Cause for
revocation may include: (a) The unavailability of adequate
biological or financial resources; (b) the development of
unacceptable biological or resource management conflicts; or
(c) a violation of agreement provisions. Notice of cause to
revoke for a violation of agreement provisions may specify
a reasonable period of time within which the volunteer group
must comply with any violated provisions of the agreement.
(5) An appropriate method of distributing among
volunteer groups fish, bird, or animal food or other supplies
available for the program. [2001 c 337 § 4; 2000 c 107 §
112; 1995 1st sp.s. c 2 § 42 (Referendum Bill No. 45,
approved November 7, 1995); 1984 c 72 § 5. Formerly
RCW 75.52.050.]
*Reviser’s note: RCW 77.12.457 was repealed by 2001 c 253 § 62.
Referral to electorate—1995 1st sp.s. c 2: See note following RCW
77.04.013.
Effective date—1995 1st sp.s. c 2: See note following RCW
43.17.020.
77.100.070 Agreements for cooperative projects—
Duration. Agreements under this chapter may be for up to
five years, with the department attempting to maximize the
duration of each cooperative agreement. The duration of the
(2002 Ed.)
Volunteer Fish and Wildlife Enhancement Program
agreement should reflect the financial and volunteer commitment and the stability of the volunteer group as well as the
department’s expectation of resource availability and project
contributions to the resource. [1984 c 72 § 6. Formerly
RCW 75.52.060.]
77.100.080 Duties of volunteer group. (1) The
volunteer group shall:
(a) Provide care and diligence in conducting the
cooperative project; and
(b) Maintain accurately the required records of the
project on forms provided by the department.
(2) The volunteer group shall acknowledge that fish and
game reared in cooperative projects are public property and
must be handled and released for the benefit of all citizens
of the state. The fish and game are to remain public property until reduced to private ownership under rules of the
commission. [2000 c 107 § 113; 1984 c 72 § 7. Formerly
RCW 75.52.070.]
77.100.090 Application of chapter. This chapter
applies to cooperative projects which were in existence on
June 7, 1984, or which require no further funding. Implementation of this chapter for new projects requiring funding
shall be to the extent that funds are available from the
aquatic land enhancement account. [1984 c 72 § 8. Formerly RCW 75.52.080.]
77.100.100 Cedar river spawning channel. A
salmon spawning channel shall be constructed on the Cedar
river with the assistance and cooperation of the department.
The department shall use existing personnel and the volunteer fisheries enhancement program outlined under chapter
77.100 RCW to assist in the planning, construction, and
operation of the spawning channel. [2000 c 107 § 114; 1993
sp.s. c 2 § 52; 1989 c 85 § 3. Formerly RCW 75.52.100.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Project designation—1989 c 85: "The legislature hereby designates
the Cedar river sockeye salmon enhancement project as a "Washington state
centennial salmon venture."" [1989 c 85 § 1.]
Legislative finding—1989 c 85: "The legislature recognizes that
King county has a unique urban setting for a recreational fishery and that
Lake Washington and the rivers flowing into it should be developed for
greater salmon production. A Lake Washington fishery is accessible to fifty
percent of the state’s citizens by automobile in less than one hour. There
has been extensive sockeye fishing success in Lake Washington, primarily
from fish originating in the Cedar river. The legislature intends to enhance
the Cedar river fishery by active state and local management and intends to
maximize the Lake Washington sockeye salmon runs for recreational fishing
for all of the citizens of the state. A sockeye enhancement program could
produce two to three times the current numbers of returning adults. A
sockeye enhancement project would increase the public’s appreciation of our
state’s fisheries, would demonstrate the role of a clean environment, and
would show that positive cooperation can exist between local and state
government in planning and executing programs that directly serve the
public. A spawning channel in the Cedar river has been identified as an
excellent way to enhance the Lake Washington sockeye run. A public
utility currently diverting water from the Cedar river for beneficial public
use has expressed willingness to fund the planning, design, evaluation,
construction, and operation of a spawning channel on the Cedar river."
[1989 c 85 § 2.]
Severability—1989 c 85: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
(2002 Ed.)
77.100.070
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 85 § 11.]
77.100.110 Cedar river spawning channel—
Technical committee—Policy committee. The department
shall chair a technical committee, which shall review the
preparation of enhancement plans and construction designs
for a Cedar river sockeye spawning channel. The technical
committee shall consist of not more than eight members:
One representative each from the department, national
marine fisheries service, United States fish and wildlife
service, and Muckleshoot Indian tribe; and four representatives from the public utility described in RCW 77.100.130.
The technical committee will be guided by a policy committee, also to be chaired by the department, which shall consist
of not more than six members: One representative from the
department, one from the Muckleshoot Indian tribe, and one
from either the national marine fisheries service or the
United States fish and wildlife service; and three representatives from the public utility described in RCW 77.100.130.
The policy committee shall oversee the operation and
evaluation of the spawning channel. The policy committee
will continue its oversight until the policy committee
concludes that the channel is meeting the production goals
specified in RCW 77.100.120. [2000 c 107 § 115; 1998 c
245 § 156; 1993 sp.s. c 2 § 53; 1989 c 85 § 4. Formerly
RCW 75.52.110.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Project designation—Legislative finding—Severability—1989 c 85:
See notes following RCW 77.100.100.
77.100.120 Cedar river spawning channel—
Specifications. The channel shall be designed to produce,
at a minimum, fry comparable in quality to those produced
in the Cedar river and equal in number to what could be
produced naturally by the estimated two hundred sixty-two
thousand adults that could have spawned upstream of the
Landsburg diversion. Construction of the spawning channel
shall commence no later than September 1, 1990. Initial
construction size shall be adequate to produce fifty percent
or more of the production goal specified in this section.
[1989 c 85 § 5. Formerly RCW 75.52.120.]
Project designation—Legislative finding—Severability—1989 c 85:
See notes following RCW 77.100.100.
77.100.130 Cedar river spawning channel—
Funding. The legislature recognizes that, if funding for
planning, design, evaluation, construction, and operating
expenses is provided by a public utility that diverts water for
beneficial public use, and if the performance of the spawning
channel meets the production goals described in RCW
77.100.120, the spawning channel project will serve, at a
minimum, as compensation for lost sockeye salmon spawning habitat upstream of the Landsburg diversion. The
amount of funding to be supplied by the utility will fully
fund the total cost of planning, design, evaluation, and
construction of the spawning channel. [2000 c 107 § 116;
1989 c 85 § 6. Formerly RCW 75.52.130.]
Project designation—Legislative finding—Severability—1989 c 85:
See notes following RCW 77.100.100.
[Title 77 RCW—page 127]
77.100.140
Title 77 RCW: Fish and Wildlife
77.100.140 Cedar river spawning channel—
Transfer of funds.
Reviser’s note: RCW 75.52.140 was amended by 2000 c 107 § 117
and recodified as RCW 77.100.140 without reference to its repeal by 2000
c 150 § 2. It has been decodified, effective July 1, 2001, for publication
purposes under RCW 1.12.025.
77.100.150 Cedar river spawning channel—
Legislative declaration. The legislature hereby declares that
the construction of the Cedar river sockeye spawning channel is in the best interests of the state of Washington. [1989
c 85 § 9. Formerly RCW 75.52.150.]
Project designation—Legislative finding—Severability—1989 c 85:
See notes following RCW 77.100.100.
77.100.160 Cedar river spawning channel—
Mitigation of water diversion projects. Should the
requirements of RCW 77.100.100 through 77.100.160 not be
met, the department shall seek immediate legal clarification
of the steps which must be taken to fully mitigate water
diversion projects on the Cedar river. [2000 c 107 § 118;
1993 sp.s. c 2 § 54; 1989 c 85 § 10. Formerly RCW
75.52.160.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Project designation—Legislative finding—Severability—1989 c 85:
See notes following RCW 77.100.100.
77.100.170 Fish hatcheries—Volunteer group
projects. The manager of a state fish hatchery operated by
the department of fish and wildlife may allow nonprofit
volunteer groups affiliated with the hatchery to undertake
projects to raise donations, gifts, and grants that enhance
support for the hatchery or activities in the surrounding
watershed that benefit the hatchery. The manager may
provide agency personnel and services, if available, to assist
in the projects and may allow the volunteer groups to
conduct activities on the grounds of the hatchery.
The director of the department of fish and wildlife shall
encourage and facilitate arrangements between hatchery
managers and nonprofit volunteer groups and may establish
guidelines for such arrangements. [1995 c 224 § 1. Formerly RCW 75.08.047.]
77.100.900 Severability—1984 c 72. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 72 § 9. Formerly RCW 75.52.900.]
Chapter 77.105
RECREATIONAL SALMON AND MARINE FISH
ENHANCEMENT PROGRAM
Sections
77.105.005
77.105.010
77.105.020
77.105.030
Findings.
Program created—Coordinator.
Department responsibilities.
Planning and operation of programs—Assistance from nondepartmental sources.
77.105.040 Delayed-release chinook salmon—Freshwater rearing.
[Title 77 RCW—page 128]
77.105.050 Marine bottomfish species—Research, methods, and programs for artificial rearing.
77.105.060 Additional research.
77.105.070 Siting process for enhancement projects—Cooperation with
other entities.
77.105.080 Public awareness program.
77.105.090 Management of predators.
77.105.100 Plans to target hatchery-produced fish—Participation by
fishing interests—Feasibility of increased survival and
production of chinook and coho salmon.
77.105.110 Coordination of sport fishing program with wild stock initiative.
77.105.120 Increased recreational access to salmon and marine fish
resources—Plans.
77.105.130 Recreational fishing projects—Contracting with entities.
77.105.140 Saltwater, combination fishing license—Disposition of fee.
77.105.150 Recreational fisheries enhancement account.
77.105.900 Effective date—1993 sp.s. c 2 §§ 7, 60, 80, and 82-100.
77.105.901 Severability—1993 sp.s. c 2.
77.105.005 Findings. The legislature finds that
recreational fishing opportunities for salmon and marine
bottomfish have been dwindling in recent years. It is
important to restore diminished recreational fisheries and to
enhance the salmon and marine bottomfish resource to assure
sustained productivity. Investments made in recreational
fishing programs will repay the people of the state many
times over in increased economic activity and in an improved quality of life. [1993 sp.s. c 2 § 82. Formerly RCW
75.54.005.]
77.105.010 Program created—Coordinator. There
is created within the department of fish and wildlife the
Puget Sound recreational salmon and marine fish enhancement program. The department of fish and wildlife shall
identify a coordinator for the program who shall act as
spokesperson for the program and shall:
(1) Coordinate the activities of the Puget Sound recreational salmon and marine fish enhancement program,
including the Lake Washington salmon fishery; and
(2) Work within and outside of the department to
achieve the goals stated in this chapter. [1998 c 245 § 157;
1993 sp.s. c 2 § 83. Formerly RCW 75.54.010.]
77.105.020 Department responsibilities. The
department shall: Develop a short-term program of hatchery-based salmon enhancement using freshwater pond sites
for the final rearing phase; solicit support from cooperative
projects, regional enhancement groups, and other supporting
organizations; conduct comprehensive research on resident
and migratory salmon production opportunities; and conduct
research on marine bottomfish production limitations and on
methods for artificial propagation of marine bottomfish.
Long-term responsibilities of the department are to:
Fully implement enhancement efforts for Puget Sound and
Hood Canal resident salmon and marine bottomfish; identify
opportunities to reestablish salmon runs into areas where
they no longer exist; encourage naturally spawning salmon
populations to develop to their fullest extent; and fully utilize
hatchery programs to improve recreational fishing. [1993
sp.s. c 2 § 84. Formerly RCW 75.54.020.]
77.105.030 Planning and operation of programs—
Assistance from nondepartmental sources. The depart(2002 Ed.)
Recreational Salmon and Marine Fish Enhancement Program
ment shall seek recommendations from persons who are
expert on the planning and operation of programs for
enhancement of recreational fisheries. The department shall
fully use the expertise of the University of Washington
college of fisheries and the sea grant program to develop
research and enhancement programs. [1993 sp.s. c 2 § 85.
Formerly RCW 75.54.030.]
77.105.040 Delayed-release chinook salmon—
Freshwater rearing. The department shall develop new
locations for the freshwater rearing of delayed-release
chinook salmon. In calendar year 1994, at least one freshwater pond chinook salmon rearing site shall be developed
and begin production in each of the following areas: South
Puget Sound, central Puget Sound, north Puget Sound, and
Hood Canal. Natural or artificial pond sites shall be
preferred to net pens due to higher survival rates experienced
from pond rearing. Rigorous predatory bird control measures shall be implemented. The goal of the program is to
increase the production and planting of delayed-release
chinook salmon to a level of three million fish annually by
the year 2000. [1993 sp.s. c 2 § 86. Formerly RCW
75.54.040.]
77.105.050 Marine bottomfish species—Research,
methods, and programs for artificial rearing. The
department shall conduct research, develop methods, and
implement programs for the artificial rearing and release of
marine bottomfish species. Lingcod, halibut, rockfish, and
Pacific cod shall be the species of primary emphasis due to
their importance in the recreational fishery. [1993 sp.s. c 2
§ 87. Formerly RCW 75.54.050.]
77.105.060 Additional research. The department
shall undertake additional research to more fully evaluate
improved enhancement techniques, hooking mortality rates,
methods of mass marking, improvement of catch models,
and sources of marine bottomfish mortality. Research shall
be designed to give the best opportunity to provide information that can be applied to real-world recreational fishing
needs. [1993 sp.s. c 2 § 88. Formerly RCW 75.54.060.]
77.105.070 Siting process for enhancement projects—Cooperation with other entities. The department
shall work with the department of ecology and local government entities to streamline the siting process for new
enhancement projects. The department is encouraged to
work with the legislature to develop statutory changes that
enable expeditious processing and granting of permits for
fish enhancement projects. [1994 c 264 § 47; 1993 sp.s. c
2 § 89. Formerly RCW 75.54.070.]
77.105.030
77.105.090 Management of predators. The department shall increase efforts to document the effects of bird
predators, harbor seals, sea lions, and predatory fish upon the
salmon and marine fish resource. Every opportunity shall be
explored to convince the federal government to amend the
marine mammal protection act to allow for balanced management of predators, as well as to work with the United
States fish and wildlife service to achieve workable control
measures for predatory birds. [1993 sp.s. c 2 § 91. Formerly RCW 75.54.090.]
77.105.100 Plans to target hatchery-produced fish—
Participation by fishing interests—Feasibility of increased
survival and production of chinook and coho salmon.
Indian tribal fishing interests and non-Indian commercial
fishing groups shall be invited to participate in development
of plans for selective fisheries that target hatchery-produced
fish and minimize catch of naturally spawned fish. In
addition, talks shall be initiated on the feasibility of altering
the rearing programs of department hatcheries to achieve
higher survival and greater production of chinook and coho
salmon. [1993 sp.s. c 2 § 92. Formerly RCW 75.54.100.]
77.105.110 Coordination of sport fishing program
with wild stock initiative. The department shall coordinate
the sport fishing program with the wild stock initiative to
assure that the two programs are compatible and potential
conflicts are avoided. [1993 sp.s. c 2 § 93. Formerly RCW
75.54.110.]
77.105.120 Increased recreational access to salmon
and marine fish resources—Plans. The department shall
develop plans for increased recreational access to salmon and
marine fish resources. Proposals for new boat launching
ramps and pier fishing access shall be developed. [1993
sp.s. c 2 § 94. Formerly RCW 75.54.120.]
77.105.130 Recreational fishing projects—
Contracting with entities. The department shall contract
with private consultants, aquatic farms, or construction firms,
where appropriate, to achieve the highest benefit-to-cost ratio
for recreational fishing projects. [1993 sp.s. c 2 § 95.
Formerly RCW 75.54.130.]
77.105.140 Saltwater, combination fishing license—
Disposition of fee. As provided in RCW 77.32.440, a
portion of each saltwater and combination fishing license fee
shall be deposited in the recreational fisheries enhancement
account created in RCW 77.105.150. [2000 c 107 § 119;
1998 c 191 § 28; 1997 c 197 § 1; 1993 sp.s. c 2 § 97.
Formerly RCW 75.54.140.]
Effective date—1998 c 191: See note following RCW 77.32.400.
77.105.080 Public awareness program. The
department’s information and education section shall develop
a public awareness program designed to educate the public
on the elements of the recreational fishing program and to
recruit volunteers to assist the department in implementing
recreational fishing projects. Economic benefits of the
program shall be emphasized. [1993 sp.s. c 2 § 90.
Formerly RCW 75.54.080.]
(2002 Ed.)
77.105.150 Recreational fisheries enhancement
account. The recreational fisheries enhancement account is
created in the state treasury. All receipts from RCW
77.105.140 shall be deposited into the account. Moneys in
the account may be spent only after appropriation. Expenditures from the account may be used only for recreational
[Title 77 RCW—page 129]
77.105.150
Title 77 RCW: Fish and Wildlife
fisheries enhancement programs. [2000 c 107 § 120; 1993
sp.s. c 2 § 98. Formerly RCW 75.54.150.]
77.105.900 Effective date—1993 sp.s. c 2 §§ 7, 60,
80, and 82-100. Sections 7, 60, 80, and 82 through 100 of
this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take
effect July 1, 1993. [1993 sp.s. c 2 § 105. Formerly RCW
75.54.900.]
77.105.901
43.300.901.
Severability—1993 sp.s. c 2. See RCW
Chapter 77.110
SALMON AND STEELHEAD TROUT—
MANAGEMENT OF RESOURCES
Sections
77.110.010
77.110.020
77.110.030
77.110.040
Declaration.
Petition to congress.
Management of natural resources—State policy.
Declaration—Denial of rights based on race, sex, origin, or
cultural heritage.
77.110.900 Transmittal of act to president and congress—1985 c 1.
77.110.901 Severability—1985 c 1.
77.110.010 Declaration. The people of the state of
Washington declare that an emergency exists in the management of salmon and steelhead trout resources such that both
are in great peril. An immediate resolution of this crisis is
essential to perpetuating and enhancing these resources.
[1985 c 1 § 1 (Initiative Measure No. 456, approved November 6, 1984). Formerly RCW 75.56.010.]
77.110.020 Petition to congress. The people of the
state of Washington petition the United States Congress to
immediately make the steelhead trout a national game fish
protected under the Black Bass Act. [1985 c 1 § 2 (Initiative Measure No. 456, approved November 6, 1984).
Formerly RCW 75.56.020.]
77.110.030 Management of natural resources—State
policy. The people of the state of Washington declare that
conservation, enhancement, and proper utilization of the
state’s natural resources, including but not limited to lands,
waters, timber, fish, and game are responsibilities of the state
of Washington and shall remain within the express domain
of the state of Washington.
While fully respecting private property rights, all
resources in the state’s domain shall be managed by the state
alone such that conservation, enhancement, and proper
utilization are the primary considerations. No citizen shall
be denied equal access to and use of any resource on the
basis of race, sex, origin, cultural heritage, or by and through
any treaty based upon the same. [1985 c 1 § 3 (Initiative
Measure No. 456, approved November 6, 1984). Formerly
RCW 75.56.030.]
77.110.040 Declaration—Denial of rights based on
race, sex, origin, or cultural heritage. The people of the
[Title 77 RCW—page 130]
state of Washington declare that under the Indians Citizens
Act of 1924, all Indians became citizens of the United States
and subject to the Constitution and laws of the United States
and state in which they reside. The people further declare
that any special off-reservation legal rights or privileges of
Indians established through treaties that are denied to other
citizens were terminated by that 1924 enactment, and any
denial of rights to any citizen based upon race, sex, origin,
cultural heritage, or by and through any treaty based upon
the same is unconstitutional.
No rights, privileges, or immunities shall be denied to
any citizen upon the basis of race, sex, origin, cultural
heritage, or by and through any treaty based upon the same.
[1985 c 1 § 4 (Initiative Measure No. 456, approved November 6, 1984). Formerly RCW 75.56.040.]
77.110.900 Transmittal of act to president and
congress—1985 c 1. The secretary of state shall transmit
copies of this act to the president of the United States senate,
the speaker of the United States house of representatives,
and each member of congress. [1985 c 1 § 5 (Initiative
Measure No. 456, approved November 6, 1984). Formerly
RCW 75.56.900.]
77.110.901 Severability—1985 c 1. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 1 § 6 (Initiative Measure No. 456,
approved November 6, 1984). Formerly RCW 75.56.905.]
Chapter 77.115
AQUACULTURE DISEASE CONTROL
Sections
77.115.010 Disease inspection and control for aquatic farmers—
Development of program—Elements—Rules—
Violations.
77.115.020 Disease inspection and control program—User fees—
Aquaculture disease control account.
77.115.030 Consultation required—Agreements for diagnostic field
services authorized—Roster of biologists.
77.115.040 Registration of aquatic farmers.
77.115.010 Disease inspection and control for
aquatic farmers—Development of program—Elements—
Rules—Violations. (1) The director of agriculture and the
director shall jointly develop a program of disease inspection
and control for aquatic farmers as defined in RCW
15.85.020. The program shall be administered by the
department under rules established under this section. The
purpose of the program is to protect the aquaculture industry
and wildstock fisheries from a loss of productivity due to
aquatic diseases or maladies. As used in this section
"diseases" means, in addition to its ordinary meaning,
infestations of parasites or pests. The disease program may
include, but is not limited to, the following elements:
(a) Disease diagnosis;
(b) Import and transfer requirements;
(c) Provision for certification of stocks;
(d) Classification of diseases by severity;
(2002 Ed.)
Aquaculture Disease Control
(e) Provision for treatment of selected high-risk diseases;
(f) Provision for containment and eradication of highrisk diseases;
(g) Provision for destruction of diseased cultured aquatic
products;
(h) Provision for quarantine of diseased cultured aquatic
products;
(i) Provision for coordination with state and federal
agencies;
(j) Provision for development of preventative or control
measures;
(k) Provision for cooperative consultation service to
aquatic farmers; and
(l) Provision for disease history records.
(2) The commission shall adopt rules implementing this
section. However, such rules shall have the prior approval
of the director of agriculture and shall provide therein that
the director of agriculture has provided such approval. The
director of agriculture or the director’s designee shall attend
the rule-making hearings conducted under chapter 34.05
RCW and shall assist in conducting those hearings. The
authorities granted the department by these rules and by
RCW 77.12.047(1)(g), 77.60.060, 77.60.080, 77.65.210,
*77.115.020, 77.115.030, and 77.115.040 constitute the only
authorities of the department to regulate private sector
cultured aquatic products and aquatic farmers as defined in
RCW 15.85.020. Except as provided in subsection (3) of
this section, no action may be taken against any person to
enforce these rules unless the department has first provided
the person an opportunity for a hearing. In such a case, if
the hearing is requested, no enforcement action may be taken
before the conclusion of that hearing.
(3) The rules adopted under this section shall specify the
emergency enforcement actions that may be taken by the
department, and the circumstances under which they may be
taken, without first providing the affected party with an
opportunity for a hearing. Neither the provisions of this
subsection nor the provisions of subsection (2) of this section
shall preclude the department from requesting the initiation
of criminal proceedings for violations of the disease inspection and control rules.
(4) A person shall not violate the rules adopted under
subsection (2) or (3) of this section or violate RCW
77.115.040.
(5) In administering the program established under this
section, the department shall use the services of a pathologist
licensed to practice veterinary medicine.
(6) The director in administering the program shall not
place constraints on or take enforcement actions in respect
to the aquaculture industry that are more rigorous than those
placed on the department or other fish-rearing entities.
[2000 c 107 § 122; 1998 c 190 § 110; 1993 sp.s. c 2 § 55;
1988 c 36 § 43; 1985 c 457 § 8. Formerly RCW
75.58.010.]
*Reviser’s note: RCW 75.58.020 was recodified as RCW 77.115.020
and also repealed by 2000 c 150 § 2, effective July 1, 2001.
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
(2002 Ed.)
77.115.010
77.115.020 Disease inspection and control program—User fees—Aquaculture disease control account.
Reviser’s note: RCW 75.58.020 was amended by 2000 c 107 § 123
and recodified as RCW 77.115.020 without reference to its repeal by 2000
c 150 § 2. It has been decodified, effective July 1, 2001, for publication
purposes under RCW 1.12.025.
77.115.030 Consultation required—Agreements for
diagnostic field services authorized—Roster of biologists.
(1) The director shall consult regarding the disease inspection and control program established under RCW
77.115.010 with federal agencies and Indian tribes to assure
protection of state, federal, and tribal aquatic resources and
to protect private sector cultured aquatic products from
disease that could originate from waters or facilities managed
by those agencies.
(2) With regard to the program, the director may enter
into contracts or interagency agreements for diagnostic field
services with government agencies and institutions of higher
education and private industry.
(3) The director shall provide for the creation and
distribution of a roster of biologists having a specialty in the
diagnosis or treatment of diseases of fish or shellfish. The
director shall adopt rules specifying the qualifications which
a person must have in order to be placed on the roster.
[2000 c 107 § 124; 1993 sp.s. c 2 § 57; 1988 c 36 § 44;
1985 c 457 § 10. Formerly RCW 75.58.030.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
77.115.040 Registration of aquatic farmers. All
aquatic farmers as defined in RCW 15.85.020 shall register
with the department. The director shall develop and maintain a registration list of all aquaculture farms. Registered
aquaculture farms shall provide the department production
statistical data. The state veterinarian shall be provided with
registration and statistical data by the department. [1993
sp.s. c 2 § 58; 1988 c 36 § 45; 1985 c 457 § 11. Formerly
RCW 75.58.040.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Chapter 77.120
BALLAST WATER MANAGEMENT
Sections
77.120.005
77.120.010
77.120.020
77.120.030
77.120.040
77.120.050
77.120.060
77.120.070
77.120.080
77.120.090
77.120.900
Findings.
Definitions.
Application of chapter.
Authorized ballast water discharge.
Reporting and sampling requirements.
Pilot project—Private sector ballast water treatment operation.
Report to legislature—Results of chapter.
Violation of chapter—Penalties.
Legislative review of chapter—Recommendations.
Ballast water information system—Improvements.
Severability—2000 c 108.
[Title 77 RCW—page 131]
77.120.005
Title 77 RCW: Fish and Wildlife
77.120.005 Findings. The legislature finds that some
nonindigenous species have the potential to cause economic
and environmental damage to the state and that current
efforts to stop the introduction of nonindigenous species
from shipping vessels do not adequately reduce the risk of
new introductions into Washington waters.
The legislature recognizes the international ramifications
and the rapidly changing dimensions of this issue, and the
difficulty that any one state has in either legally or practically managing this issue. Recognizing the possible limits of
state jurisdiction over international issues, the state declares
its support for the international maritime organization and
United States coast guard efforts, and the state intends to
complement, to the extent its powers allow it, the United
States coast guard’s ballast water management program.
[2000 c 108 § 1.]
77.120.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Ballast tank" means any tank or hold on a vessel
used for carrying ballast water, whether or not the tank or
hold was designed for that purpose.
(2) "Ballast water" means any water and matter taken on
board a vessel to control or maintain trim, draft, stability, or
stresses of the vessel, without regard to the manner in which
it is carried.
(3) "Empty/refill exchange" means to pump out, until
the tank is empty or as close to empty as the master or
operator determines is safe, the ballast water taken on in
ports, estuarine, or territorial waters, and then refilling the
tank with open sea waters.
(4) "Exchange" means to replace the water in a ballast
tank using either flow through exchange, empty/refill
exchange, or other exchange methodology recommended or
required by the United States coast guard.
(5) "Flow through exchange" means to flush out ballast
water by pumping in midocean water at the bottom of the
tank and continuously overflowing the tank from the top
until three full volumes of water have been changed to
minimize the number of original organisms remaining in the
tank.
(6) "Nonindigenous species" means any species or other
viable biological material that enters an ecosystem beyond its
natural range.
(7) "Open sea exchange" means an exchange that occurs
fifty or more nautical miles offshore. If the United States
coast guard requires a vessel to conduct an exchange further
offshore, then that distance is the required distance for
purposes of compliance with this chapter.
(8) "Recognized marine trade association" means those
trade associations in Washington state that promote improved
ballast water management practices by educating their
members on the provisions of this chapter, participating in
regional ballast water coordination through the Pacific ballast
water group, assisting the department in the collection of
ballast water exchange forms, and the monitoring of ballast
water. This includes members of the Puget Sound marine
committee for Puget Sound and the Columbia river steamship operators association for the Columbia river.
[Title 77 RCW—page 132]
(9) "Sediments" means any matter settled out of ballast
water within a vessel.
(10) "Untreated ballast water" includes exchanged or
unexchanged ballast water that has not undergone treatment.
(11) "Vessel" means a self-propelled ship in commerce
of three hundred gross tons or more.
(12) "Voyage" means any transit by a vessel destined
for any Washington port.
(13) "Waters of the state" means any surface waters,
including internal waters contiguous to state shorelines
within the boundaries of the state. [2000 c 108 § 2.]
77.120.020 Application of chapter. (1) This chapter
applies to all vessels carrying ballast water into the waters of
the state from a voyage, except:
(a) A vessel of the United States department of defense
or United States coast guard subject to the requirements of
section 1103 of the national invasive species act of 1996, or
any vessel of the armed forces, as defined in 33 U.S.C. Sec.
1322(a)(14), that is subject to the uniform national discharge
standards for vessels of the armed forces under 33 U.S.C.
Sec. 1322(n);
(b) A vessel (i) that discharges ballast water or sediments only at the location where the ballast water or
sediments originated, if the ballast water or sediments do not
mix with ballast water or sediments from areas other than
open sea waters; or (ii) that does not discharge ballast water
in Washington waters;
(c) A vessel traversing the internal waters of Washington in the Strait of Juan de Fuca, bound for a port in
Canada, and not entering or departing a United States port,
or a vessel in innocent passage, which is a vessel merely
traversing the territorial sea of the United States and not
entering or departing a United States port, or not navigating
the internal waters of the United States; and
(d) A crude oil tanker that does not exchange or
discharge ballast water into the waters of the state.
(2) This chapter does not authorize the discharge of oil
or noxious liquid substances in a manner prohibited by state,
federal, or international laws or regulations. Ballast water
containing oil, noxious liquid substances, or any other
pollutant shall be discharged in accordance with the applicable requirements.
(3) The master or operator in charge of a vessel is
responsible for the safety of the vessel, its crew, and its
passengers. Nothing in this chapter relieves the master or
operator in charge of a vessel of the responsibility for
ensuring the safety and stability of the vessel or the safety of
the crew and passengers. [2000 c 108 § 3.]
77.120.030 Authorized ballast water discharge. The
owner or operator in charge of any vessel covered by this
chapter is required to ensure that the vessel under their
ownership or control does not discharge ballast water into
the waters of the state except as authorized by this section.
(1) Discharge into waters of the state is authorized if the
vessel has conducted an open sea exchange of ballast water.
A vessel is exempt from this requirement if the vessel’s
master reasonably determines that such a ballast water
exchange operation will threaten the safety of the vessel or
the vessel’s crew, or is not feasible due to vessel design
(2002 Ed.)
Ballast Water Management
limitations or equipment failure. If a vessel relies on this
exemption, then it may discharge ballast water into waters of
the state, subject to any requirements of treatment under
subsection (2) of this section and subject to RCW
77.120.040.
(2) After July 1, 2004, discharge of ballast water into
waters of the state is authorized only if there has been an
open sea exchange or if the vessel has treated its ballast
water to meet standards set by the department. When
weather or extraordinary circumstances make access to
treatment unsafe to the vessel or crew, the master of a vessel
may delay compliance with any treatment required under this
subsection until it is safe to complete the treatment.
(3) The requirements of this section do not apply to a
vessel discharging ballast water or sediments that originated
solely within the waters of Washington state, the Columbia
river system, or the internal waters of British Columbia
south of latitude fifty degrees north, including the waters of
the Straits of Georgia and Juan de Fuca.
(4) Open sea exchange is an exchange that occurs fifty
or more nautical miles offshore. If the United States coast
guard requires a vessel to conduct an exchange further
offshore, then that distance is the required distance for
purposes of compliance with this chapter. [2002 c 282 § 2;
2000 c 108 § 4.]
77.120.040 Reporting and sampling requirements.
The owner or operator in charge of any vessel covered by
this chapter is required to ensure that the vessel under their
ownership or control complies with the reporting and
sampling requirements of this section.
(1) Vessels covered by this chapter must report ballast
water management information to the department using
ballast water management forms that are acceptable to the
United States coast guard. The frequency, manner, and form
of such reporting shall be established by the department by
rule. Any vessel may rely on a recognized marine trade
association to collect and forward this information to the
department.
(2) In order to monitor the effectiveness of national and
international efforts to prevent the introduction of
nonindigenous species, all vessels covered by this chapter
must submit nonindigenous species ballast water monitoring
data. The monitoring, sampling, testing protocols, and
methods of identifying nonindigenous species in ballast
water shall be determined by the department by rule. A
vessel covered by this chapter may contract with a recognized marine trade association to randomly sample vessels
within that association’s membership, and provide data to the
department.
(3) Vessels that do not belong to a recognized marine
trade association must submit individual ballast tank sample
data to the department for each voyage.
(4) All data submitted to the department under subsection (2) of this section shall be consistent with sampling and
testing protocols as adopted by the department by rule.
(5) The department shall adopt rules to implement this
section. The rules and recommendations shall be developed
in consultation with advisors from regulated industries and
the potentially affected parties, including but not limited to
shipping interests, ports, shellfish growers, fisheries, environ(2002 Ed.)
77.120.030
mental interests, interested citizens who have knowledge of
the issues, and appropriate governmental representatives
including the United States coast guard. In recognition of
the need to have a coordinated response to ballast water
management for the Columbia river system, the department
must consider rules adopted by the state of Oregon when
adopting rules under this section for ballast water management in the navigable waters of the Columbia river system.
(a) The department shall set standards for the discharge
of treated ballast water into the waters of the state. The
rules are intended to ensure that the discharge of treated
ballast water poses minimal risk of introducing
nonindigenous species. In developing this standard, the
department shall consider the extent to which the requirement is technologically and practically feasible. Where
practical and appropriate, the standards shall be compatible
with standards set by the United States coast guard and shall
be developed in consultation with federal and state agencies
to ensure consistency with the federal clean water act, 33
U.S.C. Sec. 1251-1387.
(b) The department shall adopt ballast water sampling
and testing protocols for monitoring the biological components of ballast water that may be discharged into the waters
of the state under this chapter. Monitoring data is intended
to assist the department in evaluating the risk of new,
nonindigenous species introductions from the discharge of
ballast water, and to evaluate the accuracy of ballast water
exchange practices. The sampling and testing protocols must
consist of cost-effective, scientifically verifiable methods
that, to the extent practical and without compromising the
purposes of this chapter, utilize easily measured indices, such
as salinity, or check for species that indicate the potential
presence of nonindigenous species or pathogenic species.
The department shall specify appropriate quality assurance
and quality control for the sampling and testing protocols.
[2002 c 282 § 3; 2000 c 108 § 5.]
77.120.050 Pilot project—Private sector ballast
water treatment operation. The shipping vessel industry,
the public ports, and the department shall promote the
creation of a pilot project to establish a private sector ballast
water treatment operation that is capable of servicing vessels
at all Washington ports. Federal and state agencies and
private industries shall be invited to participate. The project
will develop equipment or methods to treat ballast water and
establish operational methods that do not increase the cost of
ballast water treatment at smaller ports. The legislature
intends that the cost of treatment required by this chapter is
substantially equivalent among large and small ports in
Washington. [2000 c 108 § 6.]
77.120.060 Report to legislature—Results of chapter. The legislature recognizes that international and
national laws relating to this chapter are changing and that
state law must adapt accordingly. The department shall
submit to the legislature, and make available to the public,
a report that summarizes the results of this chapter and
makes recommendations for improvement to this chapter on
or before December 1, 2001, and a second report on or
before December 1, 2004. The 2004 report shall describe
how the costs of treatment required as of July 1, 2004, will
[Title 77 RCW—page 133]
77.120.060
Title 77 RCW: Fish and Wildlife
be substantially equivalent among ports where treatment is
required. The 2004 report must describe how the states of
Washington and Oregon are coordinating their efforts for
ballast water management in the Columbia river system.
The department shall strive to fund the provisions of this
chapter through existing resources, cooperative agreements
with the maritime industry, and federal funding sources.
[2002 c 282 § 4; 2000 c 108 § 7.]
77.120.070 Violation of chapter—Penalties. (1)
Except as limited by subsection (2) or (3) of this section, the
director or the director’s designee may impose a civil penalty
or warning for a violation of the requirements of this chapter
on the owner or operator in charge of a vessel who fails to
comply with the requirements imposed under RCW
77.120.030 and 77.120.040. The penalty shall not exceed
five thousand dollars for each violation. In determining the
amount of a civil penalty, the department shall consider if
the violation was intentional, negligent, or without any fault,
and shall consider the quality and nature of risks created by
the violation. The owner or operator subject to such a
penalty may contest the determination by requesting an
adjudicative proceeding within twenty days. Any determination not timely contested is final and may be reduced to a
judgment enforceable in any court with jurisdiction. If the
department prevails using any judicial process to collect a
penalty under this section, the department shall also be
awarded its costs and reasonable attorneys’ fees.
(2) The civil penalty for a violation of reporting
requirements of RCW 77.120.040 shall not exceed five
hundred dollars per violation.
(3) Any owner or operator who knowingly, and with
intent to deceive, falsifies a ballast water management report
form is liable for a civil penalty in an amount not to exceed
five thousand dollars per violation, in addition to any
criminal liability that may attach to the filing of false
documents.
(4) The department, in cooperation with the United
States coast guard, may enforce the requirements of this
chapter. [2000 c 108 § 8.]
77.120.080 Legislative review of chapter—
Recommendations. By December 31, 2005, the natural
resources committees of the legislature must review this
chapter and its implementation and make recommendations
if needed to the 2006 regular session of the legislature.
[2000 c 108 § 9.]
77.120.090 Ballast water information system—
Improvements. The department, working with the United
States coast guard and the marine exchanges, will work
cooperatively to improve the ballast water information
system and make improvements no later than October 1,
2002. The cooperative effort will strive to obtain ballast
water reports for the United States coast guard under
contract. The reports may be used for ballast water management information under this chapter and be forwarded to the
United States coast guard for its management purposes.
Prior to July 1, 2002, the department must take steps to
reduce or eliminate the costs of reporting. [2002 c 282 § 5.]
[Title 77 RCW—page 134]
77.120.900 Severability—2000 c 108. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [2000 c 108 § 11.]
Chapter 77.125
MARINE FIN FISH AQUACULTURE PROGRAMS
Sections
77.125.010
77.125.020
77.125.030
77.125.040
Accidental Atlantic salmon release—Prevention measures.
Marine aquatic farming location—Defined.
Development of proposed rules—Elements.
Report to the legislature.
77.125.010 Accidental Atlantic salmon release—
Prevention measures. Marine aquaculture net pen facilities
in Washington state have accidentally released Atlantic
salmon into Puget Sound. It is necessary to minimize
escapes through the implementation of statewide prevention
measures. [2001 c 86 § 1.]
77.125.020 Marine aquatic farming location—
Defined. For the purposes of this chapter, "marine aquatic
farming location" means a complete complex that may be
composed of various marine enclosures, net pens, or other
rearing vessels, food handling facilities, or other facilities
related to the rearing of Atlantic salmon or other fin fish in
marine waters. A marine aquatic farming location is distinguished from the individual facilities that collectively
compose the location. [2001 c 86 § 2.]
77.125.030 Development of proposed rules—
Elements. The director, in cooperation with the marine fin
fish aquatic farmers, shall develop proposed rules for the
implementation, administration, and enforcement of marine
fin fish aquaculture programs. In developing such proposed
rules, the director must use a negotiated rule-making process
pursuant to RCW 34.05.310. The proposed rules shall be
submitted to the appropriate legislative committees by January 1, 2002, to allow for legislative review of the proposed
rules. The proposed rules shall include the following
elements:
(1) Provisions for the prevention of escapes of cultured
marine fin fish aquaculture products from enclosures, net
pens, or other rearing vessels;
(2) Provisions for the development and implementation
of management plans to facilitate the most rapid recapture of
live marine fin fish aquaculture products that have escaped
from enclosures, net pens, or other rearing vessels, and to
prevent the spread or permanent escape of these products;
(3) Provisions for the development of management
practices based on the latest available science, to include:
(a) Procedures for inspections of marine aquatic farming
locations on a regular basis to determine conformity with
law and the rules of the department relating to the operation
of marine aquatic farming locations; and
(b) Operating procedures at marine aquatic farming
locations to prevent the escape of marine fin fish, to include
the use of net antifoulants;
(2002 Ed.)
Marine Fin Fish Aquaculture Programs
77.125.030
(4) Provisions for the eradication of those cultured
marine fin fish aquaculture products that have escaped from
enclosures, net pens, or other rearing vessels found spawning
in state waters;
(5) Provisions for the determination of appropriate
species, stocks, and races of marine fin fish aquaculture
products allowed to be cultured at specific locations and
sites;
(6) Provisions for the development of an Atlantic
salmon watch program similar to the one in operation in
British Columbia, Canada. The program must provide for
the monitoring of escapes of Atlantic salmon from marine
aquatic farming locations, monitor the occurrence of naturally produced Atlantic salmon, determine the impact of
Atlantic salmon on naturally produced and cultured fin fish
stocks, provide a focal point for consolidation of scientific
information, and provide a forum for interaction and education of the public; and
(7) Provisions for the development of an education
program to assist marine aquatic farmers so that they operate
in an environmentally sound manner. [2001 c 86 § 3.]
77.125.040 Report to the legislature. Rules to
implement this chapter shall be adopted no sooner than thirty
days following the end of the 2002 regular legislative
session. The director shall provide a written report to the
appropriate legislative committees by January 1, 2003, on the
progress of the program. [2001 c 86 § 4.]
(2002 Ed.)
[Title 77 RCW—page 135]
Title 78
MINES, MINERALS, AND PETROLEUM
Chapters
78.04
78.06
78.08
78.12
78.16
78.22
78.44
78.52
78.56
78.04.050
Mining corporations.
Mining claims—Survey reports.
Location of mining claims.
Abandoned shafts and excavations.
Mineral and petroleum leases on county
lands.
Extinguishment of unused mineral rights.
Surface mining.
Oil and gas conservation.
Metals mining and milling operations.
Appropriation of water for industrial purposes: RCW 90.16.020.
Assay—Altering or making false sample or certificate: RCW 9.45.210,
9.45.220.
Boilers and unfired pressure vessels: Chapter 70.79 RCW.
Bureau of statistics: Chapter 43.07 RCW.
Department of natural resources: Chapter 43.30 RCW.
Department of community, trade, and economic development: Chapter
43.330 RCW.
Explosives: Chapter 70.74 RCW.
Franchises on county roads and bridges: Chapter 36.55 RCW.
Geological survey: RCW 43.27A.130, chapter 43.92 RCW.
Geology supervisor: RCW 43.30.125 and 43.27A.130.
Industrial safety and health: Chapter 49.17 RCW.
Labor liens on franchises, earnings, and property of certain companies:
Chapter 60.32 RCW.
Measurement of oil, gas, coal products, fraud, penalty: RCW 9.45.122
through 9.45.126.
Mines, supervisor: RCW 43.21.060 through 43.21.090.
Operating engine or boiler without spark arrester: RCW 9.40.040.
Pipelines, hazardous liquid and gas: Chapter 81.88 RCW.
Private ways of necessity: Chapter 8.24 RCW.
Protection of employees: State Constitution Art. 2 § 35.
Public lands
applications for federal certification that lands are nonmineral: RCW
79.01.308.
relinquishment to United States in certain cases of reserved mineral
rights: RCW 79.08.110.
sales and leases, reservation in contract: RCW 79.01.224.
Public utilities, gas, electrical and water companies: Chapter 80.28 RCW.
Supervisor of industrial safety and health: RCW 43.22.040.
Underground storage of natural gas: Chapter 80.40 RCW.
Use of waters for irrigation, mining, manufacturing, deemed a public use:
State Constitution Art. 21.
Chapter 78.04
MINING CORPORATIONS
Sections
78.04.010
78.04.015
78.04.020
78.04.030
78.04.040
(2002 Ed.)
Right of eminent domain.
Right of entry.
Manner of exercising right of eminent domain.
No stock subscription necessary.
Right of stockholder to enter and examine property.
Penalty for violations under RCW 78.04.040.
78.04.010 Right of eminent domain. The right of
eminent domain is hereby extended to all corporations
incorporated or that may hereafter be incorporated under the
laws of this state or any state or territory of the United
States, and doing business in this state, for the purpose of
acquiring, owning or operating mines, mills or reduction
works, or mining or milling gold and silver or other minerals, which may desire to erect and operate surface tramways
or elevated cable tramways for the purpose of carrying,
conveying or transporting the products of such mines, mills
or reduction works. [1897 c 60 § 1; RRS § 8608. FORMER PART OF SECTION: 1897 c 60 § 2; RRS § 8609
now codified as RCW 78.04.015.]
Water rights—Appropriation for industrial (mining) purposes: RCW
90.16.020 and 90.16.030.
78.04.015 Right of entry. Every corporation incorporated or that may hereafter be incorporated under the laws of
this state or any state or territory of the United States, and
doing business in this state, for the purpose of acquiring,
owning or operating mines, mills or reduction works, or
mining or milling gold and silver or other minerals, which
may desire to erect and operate surface tramways or elevated
cable tramways for the purpose of carrying, conveying or
transporting the products of such mines, mills or reduction
works, shall have the right to enter upon any land between
the termini of the proposed lines for the purpose of examining, locating and surveying such lines, doing no unnecessary
damage thereby. [1897 c 60 § 2; RRS § 8609. Formerly
RCW 87.04.010, part.]
78.04.020 Manner of exercising right of eminent
domain. Every such corporation shall have the right to
appropriate real estate or other property for right of way in
the same manner and under the same procedure as now is or
may be hereafter provided by the law in the case of other
corporations authorized by the laws of this state to exercise
the right of eminent domain. [1897 c 60 § 3; RRS § 8610.]
Eminent domain by corporations: Chapter 8.20 RCW.
78.04.030 No stock subscription necessary. In
incorporations already formed, or which may hereafter be
formed under *this chapter, where the amount of the capital
stock of such corporation consists of the aggregate valuation
of the whole number of feet, shares, or interest in any
mining claim in this state, for the working and development
of which such corporation shall be or have been formed, no
actual subscription to the capital stock of such corporation
shall be necessary; but each owner in said mining claim shall
be deemed to have subscribed such an amount to the capital
stock of such corporation as under its bylaws will represent
[Title 78 RCW—page 1]
78.04.030
Title 78 RCW: Mines, Minerals, and Petroleum
the value of so much of his interest in said mining claim, the
legal title to which he may by deed, deed of trust or other
instrument vest, or have vested in such corporation for
mining purposes; such subscription to be deemed to have
been made on the execution and delivery to such corporation
of such deed, deed of trust, or other instrument; nor shall the
validity of any assessment levied by the board of trustees of
such corporation be affected by the reason of the fact that
the full amount of the capital stock of such corporation, as
mentioned in its certificate of incorporation, shall not have
been subscribed as provided in this section: PROVIDED,
That the greater portion of said amount of capital stock shall
have been so subscribed: AND, PROVIDED FURTHER,
That this section shall not be so construed as to prohibit the
stockholders of any corporation formed, or which may be
formed, for mining purposes as provided in this section,
from regulating the mode of making subscriptions to its
capital stock and calling in the same by bylaws or express
contract. [Code 1881 § 2446; 1873 p 407 § 26; 1869 p 339
§ 28; 1866 p 65 § 28; RRS § 8611.]
*Reviser’s note: The two remaining sections of "this chapter" (Code
1881 c CLXXXV) are codified in RCW 78.04.030 above and RCW
90.16.010.
78.04.040 Right of stockholder to enter and examine property. Any owner of stock to the amount of one
thousand shares, in any corporation doing business under the
laws of the state of Washington for the purposes of mining,
shall, at all hours of business or labor on or about the
premises or property of such corporation, have the right to
enter upon such property and examine the same, either on
the surface or underground. And it is hereby made the duty
of any and all officers, managers, agents, superintendents, or
persons in charge, to allow any such stockholder to enter
upon and examine any of the property of such corporation at
any time during the hours of business or labor; and the
presentation of certificates of stock in the corporation of the
amount of one thousand shares, to the officer or person in
charge, shall be prima facie evidence of ownership and right
to enter upon or into, and make examinations of the property
of the corporation. [1901 c 120 § 1; RRS § 8612.]
78.04.050 Penalty for violations under RCW
78.04.040. Any violation of any of the provisions of RCW
78.04.040 by any officer or agent of such corporation shall
constitute a misdemeanor, and upon conviction thereof every
such officer or agent shall be fined in a sum not greater than
two hundred dollars for each offense. [1901 c 120 § 2; RRS
§ 8613.]
Chapter 78.06
MINING CLAIMS—SURVEY REPORTS
Sections
78.06.010
78.06.020
Definitions.
Duplicate survey reports to be filed with county auditor—
Contents.
78.06.030 Auditor to forward survey reports to department of natural
resources.
Holding claim by geological, etc., survey—Reports: RCW 78.08.072.
78.06.010 Definitions. Words or terms used herein
have the following meanings:
(1) "Geological surveys" means surveys on the ground
for mineral deposits by the proper application of the principles and techniques of the science of geology as they relate
to the search for and discovery of mineral deposits.
(2) "Geochemical surveys" means surveys on the ground
for mineral deposits by the proper application of the principles and techniques of the science of chemistry as they relate
to the search for and discovery of mineral deposits.
(3) "Geophysical surveys" means surveys on the ground
for mineral deposits through the employment of generally
recognized equipment and methods for measuring physical
differences between rock types or discontinuities in geological formations. [1959 c 119 § 1.]
78.06.020 Duplicate survey reports to be filed with
county auditor—Contents. All reports of geological,
geophysical, or geochemical surveys on mining claims which
may be filed with the auditor of any county in this state
pursuant to United States Public Law 85-876 or amendments
or revisions thereto shall be so filed in duplicate, and shall
set forth fully:
(1) The location of the survey performed in relation to
the point of discovery and boundaries of the claim.
(2) The nature, extent, and cost of the survey.
(3) The date the survey was commenced and the date
completed.
(4) The basic findings therefrom.
(5) The name, address, and professional background of
the person or persons performing or conducting the survey.
[1959 c 119 § 2.]
78.06.030 Auditor to forward survey reports to
department of natural resources. All county auditors
receiving for filing duplicate copies of geological, geochemical, and geophysical survey reports on mining claims
shall forward, monthly, one copy of each report received to
the department of natural resources. [1988 c 127 § 31; 1959
c 119 § 3.]
Chapter 78.08
LOCATION OF MINING CLAIMS
Sections
1887 ACT
78.08.005
78.08.020
78.08.030
78.08.040
Prior claims, how governed.
Extent of lode claims.
Rights of locators.
Recording instruments affecting claim.
78.08.050
78.08.060
Location notices—Contents—Recording.
Staking of claim—Requisites—Right of person diligently
engaged in search.
Cut, excavation, tunnel or test hole in lieu of discovery
shaft.
Holding claim by geological, etc., survey—Report of survey.
"Lode" defined.
Amended certificate of location.
Assessment work, affidavit of work performed or affidavit
of fees paid.
Affidavit is prima facie evidence.
1899 AND LATER ACTS
78.08.070
78.08.072
78.08.075
78.08.080
78.08.081
78.08.082
[Title 78 RCW—page 2]
(2002 Ed.)
Location of Mining Claims
78.08.090
78.08.100
78.08.110
78.08.115
Relocating abandoned claim.
Location of placer claims.
Affidavit as proof.
Application of RCW 78.08.050 through 78.08.115.
1887 ACT
78.08.005 Prior claims, how governed. All mining
claims upon veins or lodes of quartz or other rock in place,
bearing gold, silver or other valuable mineral deposits
heretofore located, shall be governed as to length along the
vein or lode by the customs, regulations and laws in force at
the date of such location. [1887 c 87 § 1; RRS § 8615.]
For earlier acts on this subject, see: 1867 pp 146-147, 1869 pp 386-388,
1873 pp 444-446, 1875 pp 126-127, 1877 pp 335-336. See also, act
of congress, May 10, 1872.
78.08.020 Extent of lode claims. A mining claim
located upon any vein or lode of quartz or other rock in
place, bearing gold, silver or other valuable mineral deposits,
after the approval of *this act by the governor, whether
located by one or more persons, may equal, but shall not
exceed, one thousand five hundred feet in length along the
vein or lode; but no location of a mining claim shall be
made until the discovery of the vein or lode within the limits
of the claims located. No claims shall extend more than
three hundred feet on each side of the middle of the vein at
the surface, nor shall any claims be limited by any mining
regulation to less than fifty feet of surface on each side of
the middle of such vein or lode at the surface, excepting
where adverse rights, existing at the date of the approval of
this act, shall make such limitation necessary. The end lines
of each claim shall be parallel to each other. [1887 c 87 §
2; RRS § 8616.]
*Reviser’s note: "this act" [1887 c 87], is codified in RCW
78.08.005 through 78.08.040; "date of the approval of this act" was
February 2, 1888.
78.08.030 Rights of locators. The locators of all
mining locations heretofore made or hereafter made under
the provisions of RCW 78.08.005 through 78.08.040, on any
mineral vein, lode or ledge on the public domain, and their
heirs and assigns so long as they comply with the laws of
the United States and the state and local laws relating
thereto, shall have the exclusive right to the possession and
enjoyment of all surface included within the lines of their
location, and of all veins, lodes and ledges throughout their
entire depth, and the top or apex of which lies within the
surface lines of such location, extending downward vertically, although such veins, lodes or ledges may so far depart
from the perpendicular in their course downward as to
extend outside of the vertical side line of said surface
location. [1887 c 87 § 3; RRS § 8617.]
78.08.040 Recording instruments affecting claim.
All location notices, bonds, assignments and transfers of
mining claims shall be recorded in the office of the county
auditor of the county where the same is situated within thirty
days after the execution thereof. [1979 ex.s. c 30 § 15; 1887
c 87 § 7; RRS § 8621.]
(2002 Ed.)
Chapter 78.08
1899 AND LATER ACTS
78.08.050 Location notices—Contents—Recording.
The discoverer of a lode shall within ninety days from the
date of discovery, record in the office of the auditor of the
county in which such lode is found, a notice containing the
name or names of the locators, the date of the location, the
number of feet in length claimed on each side of the
discovery, the general course of the lode and such a description of the claim or claims located by reference to some
natural object or permanent monument as will identify the
claim. [1899 c 45 § 1; RRS § 8622.]
For earlier acts on this subject, see: 1867 pp 146-147, 1869 pp 386-388,
1873 pp 444-446, 1875 pp 126-127, 1877 pp 335-336, 1887 c 87; see
also, act of congress, May 10, 1872.
78.08.060 Staking of claim—Requisites—Right of
person diligently engaged in search. (1) Before filing such
notice for record, the discoverer shall locate his or her claim
by posting at the discovery at the time of discovery a notice
containing the name of the lode, the name of the locator or
locators, and the date of discovery, and marking the surface
boundaries of the claim by placing substantial posts or stone
monuments bearing the name of the lode and date of
location; one post or monument must appear at each corner
of such claim; such posts or monuments must be not less
than three feet high; if posts are used they shall be not less
than four inches in diameter and shall be set in the ground
in a substantial manner. If any such claim be located on
ground that is covered wholly or in part with brush or trees,
such brush shall be cut and trees be marked or blazed along
the lines of such claim to indicate the location of such lines.
(2) Prior to valid discovery the actual possession and
right of possession of one diligently engaged in the search
for minerals shall be exclusive as regards prospecting during
continuance of such possession and diligent search. As used
in this section, "diligently engaged" shall mean performing
not less than one hundred dollars worth of annual assessment
work on or for the benefit of the claim or paying any fee or
fees in lieu of assessment work in such year or years it is
required under federal law, or any larger amount that may be
designated now or later by the federal government for annual
assessment work. [1995 c 114 § 1; 1965 c 151 § 1; 1963 c
64 § 1; 1949 c 12 § 1; 1899 c 45 § 2; RRS § 8623.]
78.08.070 Cut, excavation, tunnel or test hole in lieu
of discovery shaft. Any open cut, excavation or tunnel
which cuts or exposes a lode and from which a total of two
hundred cubic feet of material has been removed or in lieu
thereof a test hole drilled on the lode to a minimum depth of
twenty feet from the collar, shall hold the lode the same as
if a discovery shaft were sunk thereon, and shall be equivalent thereto. [1955 c 357 § 1; 1899 c 45 § 3; RRS § 8624.]
78.08.072 Holding claim by geological, etc., survey—Report of survey. Any geological, geochemical, or
geophysical survey which reasonably involves a direct
expenditure on or for the benefit of each claim of not less
than the one hundred dollars worth of annual assessment
work required under federal statute or regulations shall hold
such claim for not more than two consecutive years or more
[Title 78 RCW—page 3]
78.08.072
Title 78 RCW: Mines, Minerals, and Petroleum
than a total of five years: PROVIDED, That a written report
of such survey shall be filed with the county auditor at the
time annual assessment work is recorded as required under
federal statute, and said written report shall set forth fully:
(1) The location of the survey performed in relation to
the point of discovery or location notice and boundaries of
the claim.
(2) The nature, extent, and cost of the survey.
(3) The date the survey was commenced and the date
completed.
(4) The basic findings therefrom.
(5) The name, address, and professional background of
the person or persons performing or conducting the survey.
[1965 c 151 § 2; 1963 c 64 § 2; 1959 c 114 § 1.]
Reports of geological, etc., surveys: Chapter 78.06 RCW.
78.08.075 "Lode" defined. The term "lode" as used
in RCW 78.08.050 through 78.08.115 shall be construed to
mean ledge, vein or deposit. [1983 c 3 § 197; 1899 c 45 §
4; RRS § 8625. Formerly RCW 78.08.010.]
78.08.080 Amended certificate of location. If at any
time the locator of any quartz or lode mining claim heretofore or hereafter located, or his assigns, shall learn that his
original certificate was defective or that the requirements of
the law had not been complied with before filing, or shall be
desirous of changing his surface boundaries or of taking in
any additional ground which is subject to location, or in any
case the original certificate was made prior to the *passage
of this law, and he shall be desirous of securing the benefits
of RCW 78.08.050 through 78.08.115, such locator or his
assigns may file an amended certificate of location, subject
to the provisions of RCW 78.08.050 through 78.08.115,
regarding the making of new locations. [1983 c 3 § 198;
1899 c 45 § 5; RRS § 8626.]
*Reviser’s note: "passage of this law": 1899 c 45 (H.B. 272) passed
the house, February 27, 1899; passed the senate, March 7, 1899, and was
approved by the governor March 8, 1899.
78.08.081 Assessment work, affidavit of work
performed or affidavit of fees paid. Within thirty days
after the expiration of the period of time fixed for the
performance of annual labor or the making of improvements
upon any quartz or lode mining claim or premises, the
person in whose behalf such work or improvement was made
or some person for him or her knowing the facts, shall make
and record in the office of the county auditor of the county
wherein such claims are situate either an affidavit or oath of
labor performed on such claim, or affidavit or oath of fee or
fees paid to the federal government in lieu of the annual
labor requirement. Such affidavit shall state the exact
amount of fee or fees paid, or the kind of labor, including
the number of feet of shaft, tunnel or open cut made on such
claim, or any other kind of improvements allowed by law
made thereon. When both fee and labor requirements have
been waived by the federal government, such affidavit will
contain a statement to that effect and the state shall not
require labor to be performed. Such affidavit shall contain
the section, township and range in which such lode is located
if the location be in a surveyed area. [1995 c 114 § 2; 1979
[Title 78 RCW—page 4]
ex.s. c 30 § 16; 1955 c 357 § 3; 1899 c 45 § 6; RRS §
8627.]
78.08.082 Affidavit is prima facie evidence. Such
affidavit when so recorded shall be prima facie evidence of
the performance of such labor or the making of such
improvements, and such original affidavit after it has been
recorded, or a certified copy of record of same, shall be
received as evidence accordingly by all the courts of this
state. [1899 c 45 § 7; RRS § 8628.]
78.08.090 Relocating abandoned claim. The
relocation of a forfeited or abandoned quartz or lode claim
shall only be made by sinking a new discovery shaft, or in
lieu thereof performing at least an equal amount of development work within the borders of the claim, and fixing new
boundaries in the same manner and to the same extent as is
required in making a new location, or the relocator may sink
the original discovery shaft ten feet deeper than it was at the
date of commencement of such relocation, and shall erect
new, or make the old monuments the same as originally
required; in either case a new location monument shall be
erected. [1949 c 12 § 2; 1899 c 45 § 8; RRS § 8629.]
78.08.100 Location of placer claims. The discoverer
of placers or other forms of deposits subject to location and
appropriation under mining laws applicable to placers shall
locate his claim in the following manner:
First. He must immediately post in a conspicuous place
at the point of discovery thereon, a notice or certificate of
location thereof, containing (1) the name of the claim; (2)
the name of the locator or locators; (3) the date of discovery
and posting of the notice hereinbefore provided for, which
shall be considered as the date of the location; (4) a description of the claim by reference to legal subdivisions of
sections, if the location is made in conformity with the
public surveys, otherwise, a description with reference to
some natural object or permanent monuments as will identify
the claim; and where such claim is located by legal subdivisions of the public surveys, such location shall, notwithstanding that fact, be marked by the locator upon the ground the
same as other locations.
Second. Within thirty days from the date of such
discovery he must record such notice or certificate of
location in the office of the auditor of the county in which
such discovery is made, and so distinctly mark his location
on the ground that its boundaries may be readily traced.
Third. Within sixty days from the date of discovery, the
discoverer shall perform labor upon such location or claim
in developing the same to an amount which shall be equivalent in the aggregate to at least ten dollars worth of such
labor for each twenty acres, or fractional part thereof,
contained in such location or claim: PROVIDED, HOWEVER, That nothing in this subdivision shall be held to apply
to lands located under the laws of the United States as placer
claims for the purpose of the development of petroleum and
natural gas and other natural oil products.
Fourth. Such locator shall, upon the performance of
such labor, file with the auditor of the county an affidavit
showing such performance and generally the nature and kind
(2002 Ed.)
Location of Mining Claims
of work so done. [1901 c 137 § 1; 1899 c 45 § 10; RRS §
8631.]
78.08.110 Affidavit as proof. The affidavit provided
for in the last section, and the aforesaid placer notice or
certificate of location when filed for record, shall be prima
facie evidence of the facts therein recited. A copy of such
certificate, notice or affidavit certified by the county auditor
shall be admitted in evidence in all actions or proceeding
with the same effect as the original and the provisions of
RCW 78.08.081 and 78.08.082 shall apply to placer claims
as well as lode claims. [1899 c 45 § 11; RRS § 8632.]
78.08.115 Application of RCW 78.08.050 through
78.08.115. All locations of quartz or placer formations or
deposits hereafter made shall conform to the requirements of
RCW 78.08.050 through 78.08.115 insofar as the same are
respectively applicable thereto. [1983 c 3 § 199; 1899 c 45
§ 12; RRS § 8633.]
Chapter 78.12
ABANDONED SHAFTS AND EXCAVATIONS
Sections
78.12.010
78.12.020
78.12.030
78.12.040
78.12.050
78.12.060
78.12.061
78.12.062
78.12.070
Shafts, excavations to be fenced.
Complaint—Contents.
Order to serve notice.
Notice—Contents—Civil and criminal penalties.
Suit in name of state—Disposition of proceeds.
Procedure when shaft unclaimed.
Safety cage in mining shaft—Regulations.
Safety cage in mining shaft—Penalty.
Damage actions preserved.
78.12.010 Shafts, excavations to be fenced. Any
person or persons, company, or corporation who shall
hereafter dig, sink or excavate, or cause the same to be done,
or being the owner or owners, or in the possession, under
any lease or contract, of any shaft, excavation or hole,
whether used for mining or otherwise, or whether dug, sunk
or excavated for the purpose of mining, to obtain water, or
for any other purpose, within this state, shall, during the time
they may be employed in digging, sinking or excavating, or
after they have ceased work upon or abandoned the same,
erect, or cause to be erected, good and substantial fences or
other safeguards, and keep the same in good repair around
such works or shafts sufficient to securely guard against
danger to persons and animals from falling into such shafts
or excavations. [1890 p 121 § 1; RRS § 8857.]
78.12.020 Complaint—Contents. Three persons
being residents of the county, and knowing or having reason
to believe that the provisions of RCW 78.12.010 are being
or have been violated within such county, may file a notice
with any district or municipal court therein, which notice
shall be in writing, and shall state—First, the location, as
near as may be, of the hole, excavation or shaft. Second,
that the same is dangerous to persons or animals, and has
been left or is being worked contrary to the provisions of
this chapter. Third, the name of the person or persons,
company or corporation who is or are the owners of the
same, if known, or if unknown, the persons who were
(2002 Ed.)
78.08.100
known to be employed therein. Fourth, if abandoned and no
claimant; and Fifth, the estimated cost of fencing or otherwise securing the same against any avoidable accidents.
[1987 c 202 § 231; 1987 c 3 § 19; 1890 p 121 § 2; RRS §
8858.]
Severability—1987 c 3: See note following RCW 3.46.020.
Intent—1987 c 202: See note following RCW 2.04.190.
78.12.030 Order to serve notice. Upon the filing of
the notice, as provided in RCW 78.12.020, the district or
municipal court shall issue an order, directed to the sheriff
of the county or to any constable or city marshal therein,
directing such officer to serve a notice in manner and form
as is prescribed by law for service of summons upon any
person or persons or the authorized agent or agents of any
company or corporation named in the notice on file, as
provided in RCW 78.12.020. [1984 c 258 § 139; 1890 p
121 § 3; RRS 8859.]
Court Improvement Act of 1984—Effective dates—Severability—
Short title—1984 c 258: See notes following RCW 3.30.010.
Application—1984 c 258 §§ 101-139: See note following RCW
3.50.005.
78.12.040 Notice—Contents—Civil and criminal
penalties. The notice thus served shall require the said
persons to appear before the judge issuing the same, at a
time to be stated therein, not more than ten nor less than
three days from the service of said notice, and show to the
satisfaction of the court that the provisions of this chapter
have been complied with; or if said person or persons fail to
appear, judgment will be entered against said person or
persons for double the amount stated in the notice on file;
and all proceedings had therein shall be as prescribed by law
in civil cases; and such persons, in addition to any judgment
that may be rendered against them, shall be liable and
subject to a fine not exceeding the sum of one hundred
dollars for each and every violation of the provisions of this
chapter, which judgments and fines shall be adjudged and
collected as provided for by law. [1987 c 202 § 232; 1890
p 122 § 4; RRS § 8860.]
Intent—1987 c 202: See note following RCW 2.04.190.
78.12.050 Suit in name of state—Disposition of
proceeds. Suits commenced under the provisions of this
chapter shall be in the name of the state of Washington, and
all judgments and fines collected shall be paid into the
county treasury for county purposes: PROVIDED, That all
fees, fines, forfeitures and penalties collected or assessed by
a district court because of the violation of a state law shall
be remitted as provided in chapter 3.62 RCW as now exists
or is later amended. [1987 c 202 § 233; 1969 ex.s. c 199 §
34; 1890 p 122 § 5; RRS § 8861.]
Intent—1987 c 202: See note following RCW 2.04.190.
Disposition of costs, fines, fees, penalties, and forfeitures: RCW 10.82.070.
78.12.060 Procedure when shaft unclaimed. If the
notice filed with the district or municipal court, as aforesaid,
shall state that the excavation, shaft or hole has been
abandoned, and no person claims the ownership thereof, the
court shall notify the county legislative authority of the
location of the same, and they shall, as soon as possible
[Title 78 RCW—page 5]
78.12.060
Title 78 RCW: Mines, Minerals, and Petroleum
thereafter, cause the same to be so fenced, or otherwise
guarded, as to prevent accidents to persons or animals; and
all expenses thus incurred shall be paid as other county
expenses: PROVIDED, That nothing herein contained shall
be so construed as to compel the county commissioners to
fill up, fence or otherwise guard any shaft, excavation or
hole, unless in their discretion, the same may be considered
dangerous to persons or animals. [1987 c 202 § 234; 1987
c 3 § 20; 1890 p 122 § 6; RRS § 8862.]
Severability—1987 c 3: See note following RCW 3.46.020.
Intent—1987 c 202: See note following RCW 2.04.190.
78.12.061 Safety cage in mining shaft—Regulations.
It shall be unlawful for any person or persons, company or
companies, corporation or corporations, to sink or work
through any vertical shaft at a greater depth than one
hundred and fifty feet, unless the said shaft shall be provided
with an iron-bonneted safety cage, to be used in the lowering
and hoisting of the employees of such person or persons,
company or companies, corporation or corporations. The
safety apparatus, whether consisting of eccentrics, springs or
other device, shall be securely fastened to the cage, and shall
be of sufficient strength to hold the cage loaded at any depth
to which the shaft may be sunk, provided the cable shall
break. The iron bonnet aforesaid shall be made of boiler
sheet iron of a good quality, of at least three-sixteenths of an
inch in thickness, and shall cover the top of said cage in
such manner as to afford the greatest protection to life and
limb from any matter falling down said shaft. [1890 p 123
§ 7; RRS § 8863. Formerly RCW 78.36.850, part.]
78.12.062 Safety cage in mining shaft—Penalty.
Any person or persons, company or companies, corporation
or corporations, who shall neglect, fail or refuse to comply
with the provisions of RCW 78.12.061, shall be guilty of a
misdemeanor, and upon conviction thereof, shall be fined not
less than five hundred dollars nor more than one thousand
dollars. [1890 p 123 § 8; RRS § 8864. Formerly RCW
78.36.850, part.]
78.12.070 Damage actions preserved. Nothing
contained in this chapter shall be so construed as to prevent
recovery being had in a suit for damages for injuries
sustained by the party so injured, or his heirs or administrator or administratrix, or anyone else now competent to sue
in an action of such character. [1890 p 123 § 9; RRS §
8865.]
Chapter 78.16
MINERAL AND PETROLEUM LEASES ON
COUNTY LANDS
Sections
78.16.010
78.16.020
78.16.030
78.16.040
78.16.050
78.16.060
78.16.070
Leases authorized.
Order for lease—Terms—Option to purchase.
Sale and conveyance.
Option to surrender lands.
Disposition of royalties and rentals.
Surface rights.
Damages to owner.
[Title 78 RCW—page 6]
78.16.010 Leases authorized. Whenever it shall
appear to the board of county commissioners of any county
in this state that it is for the best interests of said county and
the taxing districts and the people thereof, that any mining
claims, reserved mineral rights, or any other county owned
or tax acquired property owned by the county, either
absolutely or as trustee, should be leased for the purpose of
exploration, development, and removal of any minerals, oil,
gas and other petroleum products therefrom, said board of
county commissioners is hereby authorized to enter into
written leases, under the terms of which any county owned
lands or county owned mineral rights, or reserved mineral
rights, are leased for the aforementioned purpose, with or
without an option to purchase. Any such lease shall be upon
terms and conditions as said county commissioners may
deem for the best interests of said county and the taxing
districts, and as in this chapter provided, and may be for
such primary term as said board may determine and as long
thereafter as minerals, including oil, and/or gas, may be
produced therefrom. [1945 c 93 § 1; 1907 c 38 § 1; Rem.
Supp. 1945 § 11312.]
Construction—1945 c 93: "Chapter 38, Laws of 1907, is amended
by adding a new section to be designated as section 8, to read as follows:
Section 8. Nothing herein contained is intended to or shall be
construed as affecting any existing rights granted under chapter 38, Laws
of 1907." [1945 c 93 § 6.]
78.16.020 Order for lease—Terms—Option to
purchase. When said commissioners, in their discretion,
decide to lease said claims or properties as provided in RCW
78.16.010, they shall enter an order to that effect upon their
records and shall fix the duration and terms and conditions
of said lease, and in case an option to purchase is given shall
fix the purchase price, which shall not be less than the total
amount of the taxes, interest and penalties due at the time
the property was acquired by the county, and may provide
that any royalties paid shall apply and be credited on the
purchase price, and said lease or lease and option shall be
signed and executed on behalf of said county by said
commissioners, or a majority of them. [1907 c 38 § 2; RRS
§ 11313.]
78.16.030 Sale and conveyance. Upon payment of
the full purchase price, in cases where an option to purchase
is given, a conveyance shall be executed to the purchaser by
the chairman of the board of county commissioners. Such
conveyance shall refer to the order of the board authorizing
such leasing with the option to purchase, and shall be
deemed to convey all the estate, right, title and interest of
the county in and to the property sold; and such conveyance,
when executed, shall be conclusive evidence of the regularity
and validity of all proceedings hereunder. [1907 c 38 § 3;
RRS § 11314.]
78.16.040 Option to surrender lands. The lessee
under any such petroleum lease shall have the option of
surrendering any of the lands included in said lease at any
time, and shall thereby be relieved of all liability with
respect to such lands except the payment of accrued royalties
as provided in said lease. Upon such surrender, the lessee
shall have the right for a period of one hundred twenty days
following the date of such surrender, to remove all improve(2002 Ed.)
Mineral and Petroleum Leases on County Lands
ments placed by him on the lands which have been surrendered. [1945 c 93 § 2; Rem. Supp. 1945 § 11314-1.]
78.16.050 Disposition of royalties and rentals. Any
royalties or rentals received by the said county under any
lease entered into under the provisions of this chapter, shall
be divided among the various taxing districts entitled thereto,
in the same proportion and manner as the purchase money
for said lands would have been divided in the event the said
properties had been sold. [1945 c 93 § 3; Rem. Supp. 1945
§ 11314-2.]
78.16.060 Surface rights. Nothing in this chapter
contained shall be construed as giving the county commissioners the right to lease the surface rights of tax acquired
property, except that the lease of any property as in this
chapter provided shall give the lessee the right to use such
portions of the surface on said land as may be necessary or
desirable to it in its business. [1945 c 93 § 4; Rem. Supp.
1945 § 11314-3.]
78.16.070 Damages to owner. In the event said lease
shall be for reserved mineral rights on lands previously sold
by said county with mineral rights reserved, as provided in
RCW 36.34.010, said lease shall contain a provision that no
rights shall be exercised under said lease by the lessee, his
or her heirs, executors, administrators, successors, or assigns,
until provision has been made by the lessee, his or her heirs,
executors, administrators, successors, or assigns to pay to the
owner of the land upon which the rights reserved to the
county are sought to be exercised, full payment for all
damages to said owner by reason of entering upon said land;
said rights to be determined as provided for in RCW
36.34.010: PROVIDED, HOWEVER, That in the event of
litigation to determine such damage, the primary term of
such lease shall be extended for a period equal to the time
required for such litigation, but not to exceed three years.
[2000 c 11 § 20; 1945 c 93 § 5; Rem. Supp. 1945 § 113144.]
Chapter 78.22
EXTINGUISHMENT OF UNUSED
MINERAL RIGHTS
Sections
78.22.010
78.22.020
78.22.030
78.22.040
78.22.050
78.22.060
78.22.070
78.22.080
78.22.090
Extinguishment of unused mineral rights authorized.
"Mineral interest" defined.
Acts constituting use of mineral interest.
Statement of claim—Contents—Fees—Filing.
Extinguishment of mineral interest—Procedure.
Presumption of extinguishment—Conditions—Statement of
claim—Filing, recording, indexing.
Statement of claim—Notice and affidavit of publication—
Auditor’s duties.
Exemptions from claim of abandonment and extinguishment.
Waiver prohibited.
78.22.010 Extinguishment of unused mineral rights
authorized. Any mineral interest, if unused for a period of
twenty years, may be extinguished by the surface owner as
set forth in RCW 78.22.050 and 78.22.060. [1984 c 252 §
1.]
(2002 Ed.)
78.16.040
78.22.020 "Mineral interest" defined. A mineral
interest means the interest which is created by an instrument
transferring, either by grant, assignment, or reservation, or
otherwise an interest, of any kind, in any subsurface mineral.
[1984 c 252 § 2.]
78.22.030 Acts constituting use of mineral interest.
A mineral interest is used if:
(1) Any minerals produced have been in connection
with the mineral interest;
(2) Operations for injection, withdrawal, storage or
disposal of water, gas, or other fluid substances have been
conducted in connection with the mineral interest;
(3) Rents or royalties have been paid for the purpose of
delaying or enjoying the use or exercise of the mineral
interest;
(4) The use or the exercise of the mineral interest has
been carried out on any tract with which the mineral interest
may be unitized or pooled for production purposes;
(5) In the case of coal or other solid minerals, minerals
have been produced from a common vein or seam;
(6) Taxes have been paid on such mineral interest;
(7) Any use pursuant to or authorized by the instrument
creating such mineral interest has been taken;
(8) A sale, lease, mortgage, or other transfer of the
mineral interest has been recorded in the county auditor’s
office in the county in which the land affected by the
mineral interest is located prior to the end of the twenty-year
period set forth in RCW 78.22.010 or within two years after
June 7, 1984, whichever is later; or
(9) A statement of claim has been filed by the owner of
the mineral interest in the manner set forth in RCW
78.22.040 or 78.22.060. [1984 c 252 § 3.]
78.22.040 Statement of claim—Contents—Fees—
Filing. The statement of claim referred to in RCW
78.22.030(9) shall be filed by the current owner of the
mineral interest prior to the end of the twenty-year period set
forth in RCW 78.22.010 or within two years after June 7,
1984, whichever is later. The statement of claim shall contain the name and address of the current owner of such
interest, and the name of the original holder of the mineral
interest substantially as that name is shown on the instrument
that originally created the mineral interest and shall be
accompanied by payment of the fees provided in RCW
36.18.010.
The statement of claim shall be filed in the county
auditor’s office in the county in which such land affected by
the mineral interest is located. [1984 c 252 § 4.]
78.22.050 Extinguishment of mineral interest—
Procedure. (1) After the later of the expiration of the
twenty-year period set forth in RCW 78.22.010 or two years
after June 7, 1984, the surface owner may extinguish the
mineral interest held by another person and acquire ownership of that interest by providing sixty days notice of intention to file a claim of abandonment and extinguishment of
the mineral interest upon the current mineral interest owner.
Notice shall be served by personal service or by mailing the
notice by registered mail to the last known address of the
current mineral interest owner. The county treasurer shall
[Title 78 RCW—page 7]
78.22.050
Title 78 RCW: Mines, Minerals, and Petroleum
supply the name and address of the current mineral interest
owner as they appear on the county property tax records to
the surface owner without charge. If the current mineral
interest owner is unknown to the county treasurer, and the
current mineral interest owner cannot be determined after
due diligence, the surface owner may serve the notice upon
the current mineral interest owner by publishing the notice
at least once each week for three consecutive weeks in a
newspaper of general circulation published in the county in
which the property interest is located, and if there is no
newspaper of general circulation in the county, then in a
newspaper of general circulation published in an adjoining
county, and if there is no such newspaper in an adjoining
county, then in a newspaper of general circulation published
at the capital of the state.
(2) The notice of intention to file a claim of abandonment and extinguishment shall contain:
(a) The name and address, if known, of the holder of
the mineral interest, as shown of record;
(b) A reference to the instrument originally creating the
mineral interest, including where it is recorded;
(c) A description of the lands affected by the mineral
interest;
(d) The name and address of the person giving notice;
(e) The date of the first publication of the notice if
notice is by publication; and
(f) A statement that a claim of abandonment and
extinguishment of the mineral interest will be filed upon the
expiration of a period of sixty days after the date of the last
publication or the date service was perfected by personal
service or registered mail on the current mineral interest
owner, unless the current mineral interest owner files a
statement of claim of mineral interest in the form prescribed
in RCW 78.22.040.
(3) A copy of the notice of intention to file a claim of
abandonment and extinguishment and an affidavit of publication shall be submitted to the county auditor within fifteen
days after the date of the last publication or the date service
was perfected by personal service or registered mail on the
current mineral interest owner.
(4) The affidavit of publication shall contain either:
(a) A statement that a copy of the notice has been
personally served upon or mailed to the owner of the current
mineral interest and the address to which it was mailed; or
(b) If a copy of the notice was not mailed, a detailed
description, including dates, of the efforts made to determine
with due diligence the address of the current owner of the
mineral interest. [1984 c 252 § 5.]
78.22.060 Presumption of extinguishment—
Conditions—Statement of claim—Filing, recording,
indexing. Upon payment of fees provided in RCW
36.18.010, and if the surface owner files the claim of abandonment and extinguishment, together with a copy of the
notice and the affidavit of publication, as required in RCW
78.22.050, in the county auditor’s office for the county
where such interest is located then the mineral interest shall
be conclusively presumed to be extinguished.
If a statement of claim of mineral interest is filed by the
current mineral interest owner within the sixty-day period
provided in RCW 78.22.050, together with payment of fees
[Title 78 RCW—page 8]
provided in RCW 36.18.010, the county auditor shall record,
index, and make special notation in the index of the filing.
[1984 c 252 § 6.]
78.22.070 Statement of claim—Notice and affidavit
of publication—Auditor’s duties. Upon receipt, the county
auditor shall record a statement of claim or a notice and
affidavit of publication in the dormant mineral interest index.
When possible, the auditor shall also indicate by marginal
notation on the instrument originally creating the mineral
interest the recording of the statement of claim or notice and
affidavit of publication. The county auditor shall record a
statement of claim by cross-referencing in the dormant
mineral interest index the name of the current owner of the
mineral interest and the name of the original holder of the
mineral interest as set out in the statement of claim. [1984
c 252 § 7.]
78.22.080 Exemptions from claim of abandonment
and extinguishment. Mineral interests retained or owned
by any public entity or mineral interests resulting from land
exchanges between public and private owners shall not be
subject to a claim of abandonment and extinguishment.
[1984 c 252 § 8.]
78.22.090 Waiver prohibited. The provisions of this
chapter may not be waived at any time prior to the expiration of the twenty-year period under RCW 78.22.010. [1984
c 252 § 9.]
Chapter 78.44
SURFACE MINING
Sections
78.44.010
78.44.011
78.44.020
78.44.031
78.44.040
78.44.045
78.44.050
78.44.055
78.44.060
78.44.070
78.44.081
78.44.083
78.44.085
78.44.087
78.44.091
78.44.101
78.44.111
78.44.121
78.44.131
78.44.141
78.44.151
78.44.161
78.44.171
78.44.181
78.44.190
Legislative finding.
Intent.
Purposes.
Definitions.
Administration of chapter—Rule-making authority.
Surface mining reclamation account.
Exclusive authority to regulate reclamation—Department
may delegate enforcement authority to counties, cities,
towns—Other laws not affected.
Surface mining of coal—Preemption of chapter by federal
laws, programs.
Investigations, research, etc.—Dissemination of information.
Cooperation with other agencies—Receipt and expenditure
of funds.
Reclamation permits required—Applications.
Reclamation permit—Refusal to issue.
Application fee—Annual permit fee—Appeals.
Performance security required—Department authority.
Reclamation plans—Approval process.
Joint reclamation plans may be required.
Segmental reclamation—Primary objective.
Reclamation setbacks—Exemption.
Reclamation specifics—Basic objective—Modifications for
metals mining and milling operations—Timeline.
Reclamation—Minimum standards—Waiver.
Reclamation plans—Modification, when required—SEPA.
Reclamation compliance—Inspection of disturbed area—
Special inspection requirements for metals mining and
milling operations.
Reclamation—Transfer of permits.
Reclamation—Report by permit holder on anniversary date.
Deficiencies—Order to rectify—Time extension.
(2002 Ed.)
Surface Mining
78.44.200
78.44.210
78.44.220
78.44.230
78.44.240
78.44.250
78.44.260
78.44.270
78.44.280
78.44.300
78.44.310
78.44.910
78.44.920
78.44.930
Immediate danger—Emergency notice and order to rectify
deficiencies—Emergency order to suspend surface mining.
Order to suspend surface mining—Injunction.
Declaration of abandonment—Reclamation—Subsequent
miner.
Abandonment—Cancellation of the reclamation permit.
Reclamation by the department—Order to submit performance security—Cost recovery.
Fines—Civil penalties—Damage recovery.
Operating without permit—Penalty.
Appeals—Standing.
Underground operation—Surface disturbances subject to
chapter.
Reclamation awards—Recognition of excellence.
Reclamation consulting—No cost service.
Previously mined land.
Effective date—1970 ex.s. c 64.
Severability—1970 ex.s. c 64.
78.44.010 Legislative finding. The legislature
recognizes that the extraction of minerals by surface mining
is an essential activity making an important contribution to
the economic well-being of the state and nation. It is not
possible to extract minerals without producing some environmental impacts. At the same time, comprehensive regulation
of mining and thorough reclamation of mined lands is
necessary to prevent or mitigate conditions that would be
detrimental to the environment and to protect the general
welfare, health, safety, and property rights of the citizens of
the state. Surface mining takes place in diverse areas where
the geologic, topographic, climatic, biologic, and social
conditions are significantly different, and reclamation
specifications must vary accordingly. Therefore, the legislature finds that a balance between appropriate environmental
regulation and the production and conservation of minerals
is in the best interests of the citizens of the state. [1993 c
518 § 2; 1970 ex.s. c 64 § 2.]
Captions—1993 c 518: "Captions used in this act do not constitute
any part of the law." [1993 c 518 § 41.]
Severability—1993 c 518: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 518 § 43.]
Effective date—1993 c 518: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 518 § 44.]
78.44.011 Intent. The legislature recognizes that the
extraction of minerals through surface mining has historically
included regulatory involvement by both state and local
governments.
It is the intent of the legislature to clarify that surface
mining is an appropriate land use, subject to reclamation
authority exercised by the department of natural resources
and land use and operation regulatory authority by counties,
cities, and towns. [1993 c 518 § 1.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.020 Purposes. The purposes of this chapter are
to:
(1) Provide that the usefulness, productivity, and scenic
values of all lands and waters involved in surface mining
within the state will receive the greatest practical degree of
(2002 Ed.)
Chapter 78.44
protection and reclamation at the earliest opportunity
following completion of surface mining;
(2) Provide for the greatest practical degree of statewide
consistency in the regulation of surface mines;
(3) Apportion regulatory authority between state and
local governments in order to minimize redundant regulation
of mining; and
(4) Ensure that reclamation is consistent with local land
use plans. [2000 c 11 § 21; 1993 c 518 § 3; 1970 ex.s. c 64
§ 3.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.031 Definitions. Unless the context clearly indicates otherwise, the definitions in this section apply throughout this chapter.
(1) "Approved subsequent use" means the post surfacemining land use contained in an approved reclamation plan
and approved by the local land use authority.
(2) "Completion of surface mining" means the cessation
of mining and directly related activities in any segment of a
surface mine that occurs when essentially all minerals that
can be taken under the terms of the reclamation permit have
been depleted except minerals required to accomplish
reclamation according to the approved reclamation plan.
(3) "Department" means the department of natural
resources.
(4) "Determination" means any action by the department
including permit issuance, reporting, reclamation plan
approval or modification, permit transfers, orders, fines, or
refusal to issue permits.
(5) "Disturbed area" means any place where activities
clearly in preparation for, or during, surface mining have
physically disrupted, covered, compacted, moved, or otherwise altered the characteristics of soil, bedrock, vegetation,
or topography that existed prior to such activity. Disturbed
areas may include but are not limited to: Working faces,
water bodies created by mine-related excavation, pit floors,
the land beneath processing plant and stock pile sites, spoil
pile sites, and equipment staging areas. Disturbed areas shall
also include aboveground waste rock sites and tailing
facilities, and other surface manifestations of underground
mines.
Disturbed areas do not include:
(a) Surface mine access roads unless these have characteristics of topography, drainage, slope stability, or ownership that, in the opinion of the department, make reclamation
necessary;
(b) Lands that have been reclaimed to all standards
outlined in this chapter, rules of the department, any applicable SEPA document, and the approved reclamation plan; and
(c) Subsurface aspects of underground mines, such as
portals, tunnels, shafts, pillars, and stopes.
(6) "Miner" means any person or persons, any partnership, limited partnership, or corporation, or any association
of persons, including every public or governmental agency
engaged in surface mining.
(7) "Minerals" means clay, coal, gravel, industrial
minerals, metallic substances, peat, sand, stone, topsoil, and
any other similar solid material or substance to be excavated
from natural deposits on or in the earth for commercial,
industrial, or construction use.
[Title 78 RCW—page 9]
78.44.031
Title 78 RCW: Mines, Minerals, and Petroleum
(8) "Operations" means all mine-related activities,
exclusive of reclamation, that include, but are not limited to
activities that affect noise generation, air quality, surface and
ground water quality, quantity, and flow, glare, pollution,
traffic safety, ground vibrations, and/or significant or
substantial impacts commonly regulated under provisions of
land use or other permits of local government and local
ordinances, or other state laws.
Operations specifically include:
(a) The mining or extraction of rock, stone, gravel, sand,
earth, and other minerals;
(b) Blasting, equipment maintenance, sorting, crushing,
and loading;
(c) On-site mineral processing including asphalt or
concrete batching, concrete recycling, and other aggregate
recycling;
(d) Transporting minerals to and from the mine, on site
road maintenance, road maintenance for roads used extensively for surface mining activities, traffic safety, and traffic
control.
(9) "Overburden" means the earth, rock, soil, and topsoil
that lie above mineral deposits.
(10) "Permit holder" means any person or persons, any
partnership, limited partnership, or corporation, or any
association of persons, either natural or artificial, including
every public or governmental agency engaged in surface
mining and/or the operation of surface mines, whether
individually, jointly, or through subsidiaries, agents, employees, operators, or contractors who holds a state reclamation
permit.
(11) "Reclamation" means rehabilitation for the appropriate future use of disturbed areas resulting from surface
mining including areas under associated mineral processing
equipment, areas under stockpiled materials, and aboveground waste rock and tailing facilities, and all other surface
disturbances associated with underground mines. Although
both the need for and the practicability of reclamation will
control the type and degree of reclamation in any specific
surface mine, the basic objective shall be to reestablish on a
perpetual basis the vegetative cover, soil stability, and water
conditions appropriate to the approved subsequent use of the
surface mine and to prevent or mitigate future environmental
degradation.
(12) "Reclamation setbacks" include those lands along
the margins of surface mines wherein minerals and overburden shall be preserved in sufficient volumes to accomplish
reclamation according to the approved plan and the minimum reclamation standards. Maintenance of reclamation
setbacks may not preclude other mine-related activities
within the reclamation setback.
(13) "Recycling" means the reuse of minerals or rock
products.
(14) "Screening" consists of vegetation, berms or other
topography, fencing, and/or other screens that may be
required to mitigate impacts of surface mining on adjacent
properties and/or the environment.
(15) "Segment" means any portion of the surface mine
that, in the opinion of the department:
(a) Has characteristics of topography, drainage, slope
stability, ownership, mining development, or mineral
distribution, that make reclamation necessary;
[Title 78 RCW—page 10]
(b) Is not in use as part of surface mining and/or related
activities; and
(c) Is larger than seven acres and has more than five
hundred linear feet of working face except as provided in a
segmental reclamation agreement approved by the department.
(16) "SEPA" means the state environmental policy act,
chapter 43.21C RCW and rules adopted thereunder.
(17)(a) "Surface mine" means any area or areas in close
proximity to each other, as determined by the department,
where extraction of minerals results in:
(i) More than three acres of disturbed area;
(ii) Surface mined slopes greater than thirty feet high
and steeper than 1.0 foot horizontal to 1.0 foot vertical; or
(iii) More than one acre of disturbed area within an
eight acre area, when the disturbed area results from mineral
prospecting or exploration activities.
(b) Surface mines include areas where mineral extraction from the surface or subsurface occurs by the auger
method or by reworking mine refuse or tailings, when the
disturbed area exceeds the size or height thresholds listed in
(a) of this subsection.
(c) Surface mining occurs when operations have created
or are intended to create a surface mine as defined by this
subsection.
(d) Surface mining shall exclude excavations or grading
used:
(i) Primarily for on-site construction, on-site road
maintenance, or on-site landfill construction;
(ii) For the purpose of public safety or restoring the land
following a natural disaster;
(iii) For the purpose of removing stockpiles;
(iv) For forest or farm road construction or maintenance
on site or on contiguous lands;
(v) Primarily for public works projects if the mines are
owned or primarily operated by counties with 1993 populations of less than twenty thousand persons, and if each mine
has less than seven acres of disturbed area; and
(vi) For sand authorized by RCW 79A.05.630.
(18) "Topsoil" means the naturally occurring upper part
of a soil profile, including the soil horizon that is rich in
humus and capable of supporting vegetation together with
other sediments within four vertical feet of the ground
surface. [2000 c 11 § 22; 1999 c 252 § 1; 1997 c 142 § 1;
1993 c 518 § 4.]
Severability—1999 c 252: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 252 § 3.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.040 Administration of chapter—Rule-making
authority. The department of natural resources is charged
with the administration of reclamation under this chapter. In
order to implement and enforce this chapter, the department,
under the administrative procedure act (chapter 34.05 RCW),
may from time to time adopt those rules necessary to carry
out the purposes of this chapter. [1993 c 518 § 6; 1984 c
215 § 2; 1970 ex.s. c 64 § 5.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
(2002 Ed.)
Surface Mining
78.44.045 Surface mining reclamation account. The
surface mining reclamation account is created in the state
treasury. Annual mining fees, funds received by the department from state, local, or federal agencies for research purposes, as well as other mine-related funds and fines received
by the department shall be deposited into this account. The
surface mine reclamation account may be used by the
department only to:
(1) Administer its regulatory program pursuant to this
chapter;
(2) Undertake research relating to surface mine regulation, reclamation of surface mine lands, and related issues;
and
(3) Cover costs arising from appeals from determinations made under this chapter.
Fines, interest, and other penalties collected by the
department under the provisions of this chapter shall be used
to reclaim surface mines abandoned prior to 1971. [1993 c
518 § 10.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.050 Exclusive authority to regulate reclamation—Department may delegate enforcement authority to
counties, cities, towns—Other laws not affected. The
department shall have the exclusive authority to regulate
surface mine reclamation. No county, city, or town may
require for its review or approval a separate reclamation plan
or application. The department may, however, delegate
some or all of its enforcement authority by contractual
agreement to a county, city, or town that employs personnel
who are, in the opinion of the department, qualified to
enforce plans approved by the department. All counties,
cities, or towns shall have the authority to zone surface
mines and adopt ordinances regulating operations as provided in this chapter, except that county, city, or town operations ordinances may be preempted by the department during
the emergencies outlined in RCW 78.44.200 and related
rules.
This chapter shall not alter or preempt any provisions of
the state fisheries laws (*Title 75 RCW), the state water
allocation and use laws (chapters 90.03 and 90.44 RCW), the
state water pollution control laws (chapter 90.48 RCW), the
state wildlife laws (Title 77 RCW), state noise laws or air
quality laws (Title 70 RCW), shoreline management (chapter
90.58 RCW), the state environmental policy act (chapter
43.21C RCW), state growth management (chapter 36.70A
RCW), state drinking water laws (chapters 43.20 and
70.119A RCW), or any other state statutes. [1997 c 185 §
1; 1993 c 518 § 7; 1970 ex.s. c 64 § 6.]
*Reviser’s note: Title 75 RCW was recodified, repealed, and/or
decodified in its entirety by 2000 c 107. See Comparative Table for Title
75 RCW in the Table of Disposition of Former RCW Sections, Volume 0.
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.055 Surface mining of coal—Preemption of
chapter by federal laws, programs. In the event state law
is preempted under federal surface mining laws relating to
surface mining of coal or the department of natural resources
determines that a federal program and its rules and regulations relating to the surface mining of coal are as stringent
(2002 Ed.)
78.44.045
and effective as the provisions of this chapter, the provisions
of this chapter shall not apply to such surface mining for
which federal permits are issued until such preemption
ceases or the department determines such chapter should
apply. [1984 c 215 § 8. Formerly RCW 78.44.175.]
78.44.060 Investigations, research, etc.—
Dissemination of information. The department shall have
the authority to conduct, authorize, and/or participate in
investigations, research, experiments, and demonstrations,
and to collect and disseminate information relating to surface
mining and reclamation of surface mined lands. [1993 c 518
§ 8; 1970 ex.s. c 64 § 7.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.070 Cooperation with other agencies—Receipt
and expenditure of funds. The department may cooperate
with other governmental and private agencies and agencies
of the federal government, and may reasonably reimburse
them for any services the department requests that they
provide. The department may also receive any federal funds,
state funds and any other funds and expend them for
reclamation of land affected by surface mining and for
purposes enumerated in RCW 78.44.060. [1993 c 518 § 9;
1970 ex.s. c 64 § 8.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.081 Reclamation permits required—
Applications. After July 1, 1993, no miner or permit holder
may engage in surface mining without having first obtained
a reclamation permit from the department. Operating
permits issued by the department between January 1, 1971,
and June 30, 1993, shall be considered reclamation permits.
A separate permit shall be required for each noncontiguous
surface mine. The reclamation permit shall consist of the
permit forms and any exhibits attached thereto. The permit
holder shall comply with the provisions of the reclamation
permit unless waived and explained in writing by the
department.
Prior to receiving a reclamation permit, an applicant
must submit an application on forms provided by the
department that shall contain the following information and
shall be considered part of the reclamation permit:
(1) Name and address of the legal landowner, or
purchaser of the land under a real estate contract;
(2) The name of the applicant and, if the applicants are
corporations or other business entities, the names and
addresses of their principal officers and resident agent for
service of process;
(3) A reasonably accurate description of the minerals to
be surface mined;
(4) Type of surface mining to be performed;
(5) Estimated starting date, date of completion, and date
of completed reclamation of surface mining;
(6) Size and legal description of the permit area and
maximum lateral and vertical extent of the disturbed area;
(7) Expected area to be disturbed by surface mining
during (a) the next twelve months, and (b) the following
twenty-four months;
[Title 78 RCW—page 11]
78.44.081
Title 78 RCW: Mines, Minerals, and Petroleum
(8) Any applicable SEPA documents; and
(9) Other pertinent data as required by the department.
The reclamation permit shall be granted for the period
required to deplete essentially all minerals identified in the
reclamation permit on the land covered by the reclamation
plan. The reclamation permit shall be valid until the
reclamation is complete unless the permit is canceled by the
department. [1997 c 192 § 1; 1993 c 518 § 11.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.083 Reclamation permit—Refusal to issue.
The department shall refuse to issue a reclamation permit if
it is determined during the SEPA process that the impacts of
a proposed surface mine cannot be adequately mitigated.
The department or county, city, or town may refuse to
issue any other permit at any other location to any miner or
permit holder who fails to rectify deficiencies set forth in an
order of the department within the requisite time schedule.
However, the department or county, city, or town shall issue
all appropriate permits when all deficiencies are corrected at
each surface mining site. [1993 c 518 § 33.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.085 Application fee—Annual permit fee—
Appeals. (1) An applicant for a public or private reclamation permit shall pay a nonrefundable application fee to the
department before being granted a surface mining permit.
The amount of the application fee shall be one thousand
dollars.
(2) After June 30, 2001, each public or private permit
holder shall pay an annual permit fee of one thousand
dollars. The annual permit fee shall be payable to the
department on the first anniversary of the permit date and
each year thereafter. Annual fees paid by a county for
mines used exclusively for public works projects and having
less than seven acres of disturbed area per mine shall not
exceed one thousand dollars. Annual fees are waived for all
mines used primarily for public works projects if the mines
are owned and primarily operated by counties with 1993
populations of less than twenty thousand persons, and if each
mine has less than seven acres of disturbed area.
(3) Appeals from any determination of the department
shall not stay the requirement to pay any annual permit fee.
Failure to pay the annual fee may constitute grounds for an
order to suspend surface mining or cancellation of the
reclamation permit as provided in this chapter.
(4) All fees collected by the department shall be
deposited into the surface mining reclamation account.
(5) If the department delegates enforcement responsibilities to a county, city, or town, the department may allocate
funds collected under this section to the county, city, or
town.
(6) Within sixty days after receipt of a permit application, the department shall advise applicants of any information necessary to successfully complete the application.
[2001 1st sp.s. c 5 § 1; 1997 c 413 § 1; 1996 c 70 § 1; 1993
c 518 § 14.]
Effective date—2001 1st sp.s. c 5: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
[Title 78 RCW—page 12]
the state government and its existing public institutions, and takes effect
July 1, 2001." [2001 1st sp.s. c 5 § 3.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.087 Performance security required—
Department authority. (1) The department shall not issue
a reclamation permit until the applicant has deposited with
the department an acceptable performance security on forms
prescribed and furnished by the department. A public or
governmental agency shall not be required to post performance security.
(2) This performance security may be:
(a) Bank letters of credit acceptable to the department;
(b) A cash deposit;
(c) Negotiable securities acceptable to the department;
(d) An assignment of a savings account;
(e) A savings certificate in a Washington bank on an
assignment form prescribed by the department;
(f) Assignments of interests in real property within the
state of Washington; or
(g) A corporate surety bond executed in favor of the
department by a corporation authorized to do business in the
state of Washington under Title 48 RCW and authorized by
the department.
(3) The performance security shall be conditioned upon
the faithful performance of the requirements set forth in this
chapter and of the rules adopted under it.
(4) The department shall have the authority to determine
the amount of the performance security using a standardized
performance security formula developed by the department.
The amount of the security shall be determined by the
department and based on the estimated costs of completing
reclamation according to the approved reclamation plan or
minimum standards and related administrative overhead for
the area to be surface mined during (a) the next
twelve-month period, (b) the following twenty-four months,
and (c) any previously disturbed areas on which the reclamation has not been satisfactorily completed and approved.
(5) The department may increase or decrease the amount
of the performance security at any time to compensate for a
change in the disturbed area, the depth of excavation, a
modification of the reclamation plan, or any other alteration
in the conditions of the mine that affects the cost of reclamation. The department may, for any reason, refuse any
performance security not deemed adequate.
(6) Liability under the performance security shall be
maintained until reclamation is completed according to the
approved reclamation plan to the satisfaction of the department unless released as hereinafter provided. Liability under
the performance security may be released only upon written
notification by the department. Notification shall be given
upon completion of compliance or acceptance by the
department of a substitute performance security. The
liability of the surety shall not exceed the amount of security
required by this section and the department’s reasonable
legal fees to recover the security.
(7) Any interest or appreciation on the performance
security shall be held by the department until reclamation is
completed to its satisfaction. At such time, the interest shall
be remitted to the permit holder; except that such interest or
appreciation may be used by the department to effect
(2002 Ed.)
Surface Mining
reclamation in the event that the permit holder fails to
comply with the provisions of this chapter and the costs of
reclamation exceed the face value of the performance security.
(8) No other state agency or local government other
than the department shall require performance security for
the purposes of surface mine reclamation. The department
may enter into written agreements with federal agencies in
order to avoid redundant bonding of surface mines straddling
boundaries between federally controlled and other lands
within Washington state.
(9) When acting in its capacity as a regulator, no other
state agency or local government may require a surface
mining operation regulated under this chapter to post
performance security unless that state agency or local
government has express statutory authority to do so. A state
agency’s or local government’s general authority to protect
the public health, safety, and welfare does not constitute
express statutory authority to require a performance security.
However, nothing in this section prohibits a state agency or
local government from requiring a performance security
when the state agency or local government is acting in its
capacity as a landowner and contracting for extractionrelated activities on state or local government property.
[1997 c 186 § 1; 1995 c 223 § 3; 1994 c 232 § 23; 1993 c
518 § 15.]
Severability—1994 c 232: See RCW 78.56.900.
Effective date—1994 c 232 §§ 1-5, 9-17, and 23-31: See RCW
78.56.901.
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.091 Reclamation plans—Approval process.
An applicant shall provide a reclamation plan and copies
acceptable to the department prior to obtaining a reclamation
permit. The department shall have the sole authority to
approve reclamation plans. Reclamation plans or modified
reclamation plans submitted to the department after June 30,
1993, shall meet or exceed the minimum reclamation
standards set forth in this chapter and by the department in
rule. Each applicant shall also supply copies of the proposed
plans and final reclamation plan approved by the department
to the county, city, or town in which the mine will be
located. The department shall solicit comment from local
government prior to approving a reclamation plan. The
reclamation plan shall include:
(1) A written narrative describing the proposed mining
and reclamation scheme with:
(a) A statement of a proposed subsequent use of the
land after reclamation that is consistent with the local land
use designation. Approval of the reclamation plan shall not
vest the proposed subsequent use of the land;
(b) If the permit holder is not the sole landowner, a
copy of the conveyance or a written statement that expressly
grants or reserves the right to extract minerals by surface
mining methods;
(c) A simple and accurate legal description of the permit
area and disturbed areas;
(d) The maximum depth of mining;
(e) A reasonably accurate description of the minerals to
be mined;
(f) A description of the method of mining;
(2002 Ed.)
78.44.087
(g) A description of the sequence of mining that will
provide, within limits of normal procedures of the industry,
for completion of surface mining and associated disturbance
on each portion of the permit area so that reclamation can be
initiated at the earliest possible time on each segment of the
mine;
(h) A schedule for progressive reclamation of each
segment of the mine;
(i) Where mining on flood plains or in river or stream
channels is contemplated, a thoroughly documented
hydrogeologic evaluation that will outline measures that
would protect against or would mitigate avulsion and erosion
as determined by the department;
(j) Where mining is contemplated within critical aquifer
recharge areas, special protection areas as defined by chapter
90.48 RCW and implementing rules, public water supply
watersheds, sole source aquifers, wellhead protection areas,
and designated aquifer protection areas as set forth in chapter
36.36 RCW, a thoroughly documented hydrogeologic
analysis of the reclamation plan may be required; and
(k) Additional information as required by the department
including but not limited to: The positions of reclamation
setbacks and screening, conservation of topsoil, interim
reclamation, revegetation, postmining erosion control, drainage control, slope stability, disposal of mine wastes, control
of fill material, development of wetlands, ponds, lakes, and
impoundments, and rehabilitation of topography.
(2) Maps of the surface mine showing:
(a) All applicable data required in the narrative portion
of the reclamation plan;
(b) Existing topographic contours;
(c) Contours depicting specifications for surface gradient
restoration appropriate to the proposed subsequent use of the
land and meeting the minimum reclamation standards;
(d) Locations and names of all roads, railroads, and
utility lines on or adjacent to the area;
(e) Locations and types of proposed access roads to be
built in conjunction with the surface mining;
(f) Detailed and accurate boundaries of the permit area,
screening, reclamation setbacks, and maximum extent of the
disturbed area; and
(g) Estimated depth to ground water and the locations
of surface water bodies and wetlands both prior to and after
mining.
(3) At least two cross sections of the mine including all
applicable data required in the narrative and map portions of
the reclamation plan.
(4) Evidence that the proposed surface mine has been
approved under local zoning and land use regulations.
(5) Written approval of the reclamation plan by the
landowner for mines permitted after June 30, 1993.
(6) Other supporting data and documents regarding the
surface mine as reasonably required by the department.
If the department refuses to approve a reclamation plan
in the form submitted by an applicant or permit holder, it
shall notify the applicant or permit holder stating the reasons
for its determination and describe such additional requirements to the applicant or permit holder’s reclamation plan as
are necessary for the approval of the plan by the department.
If the department refuses to approve a complete reclamation
plan within one hundred twenty days, the miner or permit
[Title 78 RCW—page 13]
78.44.091
Title 78 RCW: Mines, Minerals, and Petroleum
holder may appeal this determination under the provisions of
this chapter.
Only insignificant deviations may occur from the
approved reclamation plan without prior written approval by
the department for the proposed change. [1997 c 192 § 2;
1993 c 518 § 12.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.101 Joint reclamation plans may be required.
Where two or more surface mines join along a common
boundary, the department may require submission of a joint
reclamation plan in order to provide for optimum reclamation or to avoid waste of mineral resources. Such joint
reclamation plans may be in the form of a single collaborative plan submitted by all affected permit holders or as
individual reclamation plans in which the schedule of
reclamation, finished contours, and revegetation match
reclamation plans of adjacent permit holders. [1993 c 518
§ 13.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.111 Segmental reclamation—Primary objective. The permit holder shall reclaim each segment of the
mine within two years of completion of surface mining on
that segment except as provided in a segmental reclamation
agreement approved in writing by the department. The
primary objective of a segmental reclamation agreement
should be to enhance final reclamation. [1993 c 518 § 5.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.121 Reclamation setbacks—Exemption.
Reclamation setbacks shall be as follows unless waived by
the department:
(1) The reclamation setback for unconsolidated deposits
within mines permitted after June 30, 1993, shall be equal to
the maximum anticipated height of the adjacent working face
or as determined by the department. Setbacks and buffers
may be destroyed as part of final reclamation of each
segment if approved by the department.
(2) The minimum reclamation setback for consolidated
materials within mines permitted after June 30, 1993, shall
be thirty feet or as determined by the department.
(3) An exemption from this section may be granted by
the department following a written request. The department
may consider submission of a plan for backfilling acceptable
to the department, a geotechnical slope-stability study, proof
of a dedicated source of fill materials, written approval of
contiguous landowners, and other information before
granting an exemption. [1993 c 518 § 18.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.131 Reclamation specifics—Basic objective—
Modifications for metals mining and milling operations—
Timeline. The need for, and the practicability of, reclamation shall control the type and degree of reclamation in any
specific instance. However, the basic objective of reclamation is to reestablish on a continuing basis the vegetative
[Title 78 RCW—page 14]
cover, slope stability, water conditions, and safety conditions
suitable to the proposed subsequent use consistent with local
land use plans for the surface mine site.
Each permit holder shall comply with the minimum
reclamation standards in effect on the date the permit was
issued and any additional reclamation standards set forth in
the approved reclamation plan. The department may modify,
on a site specific basis, the minimum reclamation standards
for metals mining and milling operations regulated under
chapter 232, Laws of 1994 in order to achieve the reclamation and closure objectives of that chapter. The basic
objective of reclamation for these operations is the reestablishment on a continuing basis of vegetative cover, slope
stability, water conditions, and safety conditions.
Reclamation activities, particularly those relating to
control of erosion and mitigation of impacts of mining to
adjacent areas, shall, to the extent feasible, be conducted
simultaneously with surface mining, and in any case shall be
initiated at the earliest possible time after completion of surface mining on any segment of the permit area.
All reclamation activities shall be completed not more
than two years after completion or abandonment of surface
mining on each segment of the area for which a reclamation
permit is in force.
The department may by contract delegate enforcement
of provisions of reclamation plans to counties, cities, and
towns. A county, city, or town performing enforcement
functions may not impose any additional fees on permit
holders. [1994 c 232 § 24; 1993 c 518 § 20.]
Severability—1994 c 232: See RCW 78.56.900.
Effective date—1994 c 232 §§ 1-5, 9-17, and 23-31: See RCW
78.56.901.
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.141 Reclamation—Minimum standards—
Waiver. Reclamation of surface mines permitted after June
30, 1993, and reclamation of surface mine segments addressed by reclamation plans modified after June 30, 1994,
shall meet the following minimum standards except as
waived in writing by the department.
(1) Prior to surface mining, permit holders shall carefully stockpile all topsoil on the site for use in reclamation, or
immediately move topsoil to reclaim adjacent segments,
except when the approved subsequent use does not require
replacing the topsoil. Topsoil needed for reclamation shall
not be sold as a mineral nor mixed with sterile soils. Stockpiled materials used as screening shall not be used for
reclamation until such time as the appropriate county or
municipal government has given its approval.
(2) The department may require that clearly visible,
permanent monuments delineating the permit boundaries and
maximum extent of the disturbed area be set at appropriate
places around the mine site. The permit holder shall
maintain the monuments until termination of the reclamation
permit.
(3) All minimum reclamation standards may be waived
in writing by the department in order to accommodate
unique and beneficial reclamation schemes such as parks,
swimming facilities, buildings, and wildlife reserves. Such
waivers shall be granted only after written approval by the
department of a reclamation plan describing the variances to
(2002 Ed.)
Surface Mining
the minimum reclamation standards, receipt of documentation of SEPA compliance, and written approvals from the
landowner and by the local land use authority.
(4) All surface-mined slopes shall be reclaimed to the
following minimum standards:
(a) In surface mines in soil, sand, gravel, and other
unconsolidated materials, all reclaimed slopes shall:
(i) Have varied steepness;
(ii) Have a sinuous appearance in both profile and plan
view;
(iii) Have no large rectilinear topographic elements;
(iv) Generally have slopes of between 2.0 and 3.0 feet
horizontal to 1.0 foot vertical or flatter except in limited
areas where steeper slopes are necessary in order to create
sinuous topography and to control drainage;
(v) Not exceed 1.5 feet horizontal to 1.0 foot vertical
except as necessary to blend with adjacent natural slopes;
(vi) Be compacted if significant backfilling is required
to produce the final reclaimed slopes and if the department
determines that compaction is necessary.
(b) Slopes in consolidated materials shall have no
prescribed slope angle or height, but where a severely
hazardous condition is created by mining and that is not
indigenous to the immediate area, the slopes shall not exceed
2.0 feet horizontal to 1.0 foot vertical. Steeper slopes shall
be acceptable in areas where evidence is submitted that
demonstrates that the geologic or topographic characteristics
of the site preclude reclamation of slopes to such angle or
height or that such slopes constitute an acceptable subsequent use under local land use regulations.
(c) Surface mines in which the seasonal or permanent
water tables have been penetrated, thereby creating swamps,
ponds, or lakes useful for recreational, wildlife habitat, water
quality control, or other beneficial wetland purposes shall be
reclaimed in the following manner:
(i) For slopes that are below the permanent water table
in soil, sand, gravel, and other unconsolidated materials, the
slope angle shall be no steeper than 1.5 feet horizontal to 1.0
foot vertical;
(ii) Generally, solid rock banks shall be shaped so that
a person can escape from the water, however steeper slopes
and lack of water egress shall be acceptable in rural, forest,
or mountainous areas or where evidence is provided that
such slopes would constitute an acceptable subsequent use
under local land use regulations;
(iii) Both standpipes and armored spillways or other
measures to prevent undesirable overflow or seepage shall be
provided to stabilize all such water bodies within the
disturbed area; and
(iv) Where lakes, ponds, or swamps are created, the
permit holder shall provide measures to establish a beneficial
wetland by developing natural wildlife habitat and incorporating such measures as irregular shoreline configurations,
sinuous bathymetry and shorelines, varied water depths,
peninsulas, islands, and subaqueous areas less than 1.5 foot
deep during summer low-water levels. Clay-bearing material
placed below water level may be required to avoid creating
sterile wetlands.
(d) Final topography shall generally comprise sinuous
contours, chutes and buttresses, spurs, and rolling mounds
and hills, all of which shall blend with adjacent topography
(2002 Ed.)
78.44.141
to a reasonable extent. Straight planar slopes and right
angles should be avoided.
(e) The floors of mines shall generally grade gently into
postmining drainages to preclude sheet-wash erosion during
intense precipitation, except where backgrading is appropriate for drainage control, to establish wetlands, or to trap
sediment.
(f) Topsoil shall be restored as necessary to promote
effective revegetation and to stabilize slopes and mine floors.
Where limited topsoil is available, topsoil shall be placed
and revegetated in such a way as to ensure that little topsoil
is lost to erosion.
(g) Where surface mining has exposed natural materials
that may create polluting conditions, including but not
limited to acid-forming coals and metalliferous rock or soil,
such conditions shall be addressed according to a method
approved by the department. The final ground surface shall
be graded so that surface water drains away from these
materials.
(h) All grading and backfilling shall be made with
nonnoxious, noncombustible, and relatively incompactible
solids unless the permit holder provides:
(i) Written approval from all appropriate solid waste
regulatory agencies; and
(ii) Any and all revisions to such written approval
during the entire time the reclamation permit is in force.
(i) Final reclaimed slopes should be left roughly graded,
preserving equipment tracks, depressions, and small mounds
to trap clay-bearing soil and promote natural revegetation.
Where reasonable, final equipment tracks should be oriented
in order to trap soil and seeds and to inhibit erosion.
(j) Pit floors should be bulldozed or ripped to foster
revegetation.
(5) Drainages shall be graded and contain adequate
energy dissipation devices so that essentially natural conditions of water velocity, volume, and turbidity are reestablished within six months of reclamation of each segment
of the mine. Ditches and other artificial drainages shall be
constructed on each reclaimed segment to control surface
water, erosion, and siltation and to direct runoff to a safe
outlet. Diversion ditches including but not limited to channels, flumes, tightlines and retention ponds shall be capable
of carrying the peak flow at the mine site that has the
probable recurrence frequency of once in twenty-five years
as determined from data for the twenty-five year, twentyfour hour precipitation event published by the national
oceanic and atmospheric administration. The grade of such
ditches and channels shall be constructed to limit erosion and
siltation. Natural and other drainage channels shall be kept
free of equipment, wastes, stockpiles, and overburden.
(6) Impoundment of water shall be an acceptable
reclamation technique provided that approvals of other
agencies with jurisdiction are obtained and:
(a) Proper measures are taken to prevent undesirable
seepage that could cause flooding outside the permitted area
or adversely affect the stability of impoundment dikes or
adjacent slopes;
(b) Both standpipes and armored spillways or other
measures necessary to control overflow are provided.
(7) Revegetation shall be required as appropriate to
stabilize slopes, generate new topsoil, reduce erosion and
turbidity, mask rectilinear contours, and restore the scenic
[Title 78 RCW—page 15]
78.44.141
Title 78 RCW: Mines, Minerals, and Petroleum
value of the land to the extent feasible as appropriate to the
approved subsequent use. Although the scope of and
necessity for revegetation will vary according to the geography, precipitation, and approved subsequent use of the site,
the objective of segmental revegetation is to reestablish selfsustaining vegetation and conditions of slope stability,
surface water quality, and appearance before release of the
reclamation permit. Revegetation shall normally meet the
following standards:
(a) Revegetation shall commence during the first proper
growing season following restoration of slopes on each
segment unless the department has granted the permit holder
a written time extension.
(b) In eastern Washington, the permit holder may not be
able to achieve continuous ground cover owing to arid
conditions or sparse topsoil. However, revegetation shall be
as continuous as reasonably possible as determined by the
department.
(c) Revegetation generally shall include but not be
limited to diverse evergreen and deciduous trees, shrubs,
grasses, and deep-rooted ground cover.
(i) For western Washington, nitrogen-fixing species
including but not limited to alder, white clover, and lupine
should be included in dry areas. In wet areas, tubers,
sedges, wetland grasses, willow, cottonwood, cedar, and
alder are appropriate.
(ii) In eastern Washington, lupine, white clover, Russian
olive, black locust, junipers, and pines are among appropriate
plants. In wet areas, cottonwood, tubers, and sedges are
appropriate.
(d) The requirements for revegetation may be reduced
or waived by the department where erosion will not be a
problem in rural areas where precipitation exceeds thirty
inches per annum, or where revegetation is inappropriate for
the approved subsequent use of the surface mine.
(e) In areas where revegetation is critical and conditions
are harsh, the department may require irrigation, fertilization,
and importation of clay or humus-bearing soils to establish
effective vegetation.
(f) The department may refuse to release a reclamation
permit or performance security until it deems that effective
revegetation has commenced. [1993 c 518 § 21.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.151 Reclamation plans—Modification, when
required—SEPA. (1) The permit holder may modify the
reclamation plan at any time during the term of the permit
provided that the modified reclamation plan meets the
protections, mitigations, and reclamation goals of RCW
78.44.091, 78.44.131, and 78.44.141.
(2) The department may require a permit holder to
modify the reclamation plan if the department determines:
(a) That the previously approved reclamation plan has
not been modified during the past ten years; or
(b) That the permit holder has violated or is not substantially following the previously approved reclamation plan.
(3) Modified reclamation plans shall be reviewed by the
department as lead agency under SEPA. Such SEPA
analyses shall consider only those impacts relating directly
to the proposed modifications. Copies of proposed and
[Title 78 RCW—page 16]
approved modifications shall be sent to the appropriate
county, city, or town. [1997 c 192 § 3; 1993 c 518 § 23.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.161 Reclamation compliance—Inspection of
disturbed area—Special inspection requirements for
metals mining and milling operations. The department
may order at any time an inspection of the disturbed area to
determine if the miner or permit holder has complied with
the reclamation permit, rules, and this chapter.
The department shall have special inspection requirements for metals mining and milling operations regulated
under chapter 232, Laws of 1994. The department shall
inspect these mining operations at least quarterly, unless
prevented by inclement weather conditions, in order to
ensure that the permit holder is in compliance with the
reclamation permit, rules, and this chapter. The department
shall conduct additional inspections as needed during the
construction phase of these mining operations in order to
ensure compliance with the reclamation permit, rules, and
this chapter. [1994 c 232 § 22; 1993 c 518 § 25.]
Severability—1994 c 232: See RCW 78.56.900.
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.171 Reclamation—Transfer of permits.
Reclamation permits shall be transferred to a subsequent
permit holder and the department shall release the former
permit holder from the duties imposed by this chapter if:
(1) Both permit holders comply with all rules of the
department addressing requirements for transferring a permit;
and
(2) Unless waived by the department, the mine and all
others operated by both the former and subsequent permit
holders and their principal officers or owners are in compliance with this chapter and rules. [1993 c 518 § 22.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.181 Reclamation—Report by permit holder
on anniversary date. On the anniversary date of the
reclamation permit and each year thereafter until reclamation
is completed and approved, the permit holder shall file a
report of activities completed during the preceding year.
The report shall be on a form prescribed by the department.
[1993 c 518 § 24.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.190 Deficiencies—Order to rectify—Time
extension. The department may issue an order to rectify
deficiencies when a miner or permit holder is conducting
surface mining in any manner not authorized by:
(1) This chapter;
(2) The rules adopted by the department;
(3) The authorized reclamation plan; or
(4) The reclamation permit.
The order shall describe the deficiencies and shall
require that the miner or permit holder correct all deficien(2002 Ed.)
Surface Mining
cies no later than sixty days from issuance of the order. The
department may extend the period for correction for delays
clearly beyond the miner or permit holder’s control, but only
when the miner or permit holder is, in the opinion of the
department, making every reasonable effort to comply.
[1993 c 518 § 26.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.200 Immediate danger—Emergency notice
and order to rectify deficiencies—Emergency order to
suspend surface mining. When the department finds that
a permit holder is conducting surface mining in any manner
not authorized by:
(1) This chapter;
(2) The rules adopted by the department;
(3) The approved reclamation plan; or
(4) The reclamation permit;
and that activity has created a situation involving an immediate danger to the public health, safety, welfare, or environment requiring immediate action, the department may issue
an emergency notice and order to rectify deficiencies, and/or
an emergency order to suspend surface mining. These
orders shall be effective when entered. The department may
take such action as is necessary to prevent or avoid the
danger to the public health, safety, welfare, or environment
that justifies use of emergency adjudication. The department
shall give such notice as is practicable to the permit holder
or miner who is required to comply with the order. The
order shall comply with the requirements of the administrative procedure act.
Regulations of surface mining operations administered
by other state and local agencies shall be preempted by this
section to the extent that the time schedule and procedures
necessary to rectify the emergency situation, as determined
by the department, conflict with such local regulation. [1993
c 518 § 27.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.210 Order to suspend surface mining—
Injunction. Upon the failure of a miner or permit holder to
comply with a department order to rectify deficiencies, the
department may issue an order to suspend surface mining
when a miner or permit holder is conducting surface mining
in any manner not authorized by:
(1) This chapter;
(2) The rules adopted by the department;
(3) The approved reclamation plan;
(4) The reclamation permit; or
(5) If the miner or permit holder fails to comply with
any final order of the department.
The order to suspend surface mining shall require the
miner or permit holder to suspend part or all of the miner’s
or permit holder’s mining operations until the conditions
resulting in the issuance of the order have been mitigated to
the satisfaction of the department.
The attorney general may take the necessary legal action
to enjoin, or otherwise cause to be stopped, surface mining
in violation of an order to suspend surface mining. [1993 c
518 § 28.]
(2002 Ed.)
78.44.190
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.220 Declaration of abandonment—
Reclamation—Subsequent miner. The department may
issue a declaration of abandonment when it determines that
all surface mining has ceased for a period of one hundred
eighty consecutive days not set forth in the permit holder’s
reclamation plan or when, by reason of inspection of the
permit area, or by any other means, the department determines that the mine has in fact been abandoned by the permit holder except that abandonment shall not include normal
interruptions of surface mining resulting from labor disputes,
economic conditions associated with lack of smelting
capacity or availability of appropriate transportation, war,
social unrest, demand for minerals, maintenance and repairs,
and acts of God.
Following a declaration of abandonment, the department
shall require the permit holder to complete reclamation in
accordance with this chapter. If the permit holder fails to do
so, the department shall proceed to do the necessary reclamation work pursuant to RCW 78.44.240.
If another miner applies for a permit on a site that has
been declared abandoned, the department may, in its discretion, cancel the reclamation permit of the permit holder and
issue a new reclamation permit to the applicant. The department shall not issue a new permit unless it determines
that such issuance will be an effective means of assuring that
the site will ultimately be reclaimed. The applicant must
agree to assume the reclamation responsibilities left unfinished by the first miner, in addition to meeting all requirements for issuance of a new permit. [1993 c 518 § 29.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.230 Abandonment—Cancellation of the
reclamation permit. When the department determines that
a surface mine has been abandoned, it may cancel the reclamation permit. The permit holder shall be informed of such
actions by a department notification of illegal abandonment
and cancellation of the reclamation permit. [1993 c 518 §
30.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.240 Reclamation by the department—Order
to submit performance security—Cost recovery. The
department may, with the staff, equipment, and material
under its control, or by contract with others, reclaim the
disturbed areas when it finds that reclamation has not
occurred in any segment of a surface mine within two years
of completion of mining or of declaration of abandonment
and the permit holder is not actively pursuing reclamation.
If the department intends to undertake the reclamation,
the department shall issue an order to submit performance
security requiring the permit holder or surety to submit to
the department the amount of moneys posted pursuant to
RCW 78.44.087. If the amount specified in the order to
submit performance security is not paid within twenty days
after issuance of the notice, the attorney general upon
request of the department shall bring an action on behalf of
[Title 78 RCW—page 17]
78.44.240
Title 78 RCW: Mines, Minerals, and Petroleum
the state in a superior court to recover the amount specified
and associated legal fees.
The department may proceed at any time after issuing
the order to submit performance security with reclamation of
the site according to the approved reclamation plan or
according to a plan developed by the department that meets
the minimum reclamation standards.
The department shall keep a record of all expenses
incurred in carrying out any reclamation project or activity
authorized under this section, including:
(1) Reclamation;
(2) A reasonable charge for the services performed by
the state’s personnel and the state’s equipment and materials
utilized; and
(3) Administrative and legal expenses related to reclamation of the surface mine.
The department shall refund to the surety or permit
holder all amounts received in excess of the amount of
expenses incurred. If the amount received is less than the
expenses incurred, the attorney general, upon request of the
department, may bring an action against the permit holder on
behalf of the state in the superior court to recover the
remaining costs listed in this section. [1993 c 518 § 31.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.250 Fines—Civil penalties—Damage recovery.
Each order of the department may impose a fine or fines in
the event that a miner or permit holder fails to obey the
order of the department. When a miner or permit holder
fails to comply with an order of the department, the miner
or permit holder shall be subject to a civil penalty in an
amount not more than ten thousand dollars for each violation
plus interest based upon a schedule of fines set forth by the
department in rule. Procedures for imposing a penalty and
setting the amount of the penalty shall be as provided in
RCW 90.48.144. Each day on which a miner or permit
holder continues to disobey any order of the department shall
constitute a separate violation. If the penalty and interest is
not paid to the department after it becomes due and payable,
the attorney general, upon the request of the department,
may bring an action in the name of the state of Washington
to recover the penalty, interest, mitigation for environmental
damages, and associated legal fees. Decisions of the department are subject to review by the pollution control
hearings board.
All fines, interest, penalties, and other damage recovery
costs from mines regulated by the department shall be
credited to the surface mining reclamation account. [1993
c 518 § 32.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.260 Operating without permit—Penalty. Any
miner or permit holder conducting surface mining within the
state of Washington without a valid reclamation permit shall
be guilty of a gross misdemeanor. Surface mining outside
of the permitted area shall constitute illegal mining without
a valid reclamation permit. Each day of mining without a
valid reclamation permit shall constitute a separate offense.
[Title 78 RCW—page 18]
[1993 c 518 § 34; 1970 ex.s. c 64 § 16. Formerly RCW
78.44.150.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.270 Appeals—Standing. Appeals from
department determinations under this chapter shall be made
as follows:
Appeals from department determinations made under
this chapter shall be made under the provisions of the
Administrative Procedure Act (chapter 34.05 RCW), and
shall be considered an adjudicative proceeding within the
meaning of the Administrative Procedure Act, chapter 34.05
RCW. Only a person aggrieved within the meaning of RCW
34.05.530 has standing and can file an appeal. [1993 c 518
§ 35; 1989 c 175 § 166; 1970 ex.s. c 64 § 18. Formerly
RCW 78.44.170.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
78.44.280 Underground operation—Surface disturbances subject to chapter. Surface disturbances caused by
an underground metals mining and milling operation are
subject to the requirements of this chapter if the operation is
proposed after June 30, 1999. An operation is proposed
when an agency is presented with an application for an
operation or expansion of an existing operation having a
probable significant adverse environmental impact under
chapter 43.21C RCW. The department of ecology shall
retain authority for reclamation of surface disturbances
caused by an underground operation operating at any time
prior to June 30, 1999, unless the operator requests that
authority for reclamation of surface disturbances caused by
such operation be transferred to the department under the
requirements of this chapter. [1999 c 252 § 2.]
Severability—1999 c 252: See note following RCW 78.44.031.
78.44.300 Reclamation awards—Recognition of
excellence. The department shall create reclamation awards
in recognition of excellence in reclamation or reclamation
research. Such awards shall be presented to individuals,
miners, operators, companies, or government agencies
performing exemplary surface mining reclamation in the
state of Washington. The department shall designate a
percent of the state annual fees as funding of the awards.
[1993 c 518 § 37.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.310 Reclamation consulting—No cost service.
The department shall establish a no-cost consulting service
within the department to assist miners, permit holders, local
government, and the public in technical matters related to
mine regulation, mine operations, and reclamation. The department shall prepare concise, printed information for the
public explaining surface mining activities, timelines for
permits and reviews, laws, and the role of governmental
agencies involved in surface mining, including how to
contact all regulators. The department shall not be held
(2002 Ed.)
Surface Mining
liable for any negligent advice. [1997 c 184 § 1; 1993 c 518
§ 38.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.910 Previously mined land. Miners and permit
holders shall not be required to reclaim any segment where
all surface mining was completed prior to January 1, 1971.
However, the department shall make an effort to reclaim
previously abandoned or completed surface mining segments.
[1993 c 518 § 36; 1970 ex.s. c 64 § 22.]
Captions—Severability—Effective date—1993 c 518: See notes
following RCW 78.44.010.
78.44.920 Effective date—1970 ex.s. c 64. This act
shall become effective January 1, 1971. [1970 ex.s. c 64 §
23.]
78.44.930 Severability—1970 ex.s. c 64. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances shall not be affected. [1970 ex.s. c 64 § 24.]
Chapter 78.52
OIL AND GAS CONSERVATION
Sections
78.52.001
78.52.010
78.52.025
78.52.030
78.52.031
78.52.032
78.52.033
78.52.035
78.52.037
78.52.040
78.52.045
78.52.050
78.52.070
78.52.100
78.52.120
78.52.125
78.52.130
78.52.140
78.52.150
78.52.155
78.52.200
78.52.205
78.52.210
78.52.220
78.52.230
78.52.240
78.52.245
78.52.250
78.52.253
(2002 Ed.)
Declaration of purpose.
Definitions.
Hearings and meetings of department.
Employment of personnel.
Conduct of hearings—Evidence.
Hearing examiners.
Failure of witness to attend or testify—Contempt.
Attorney for department.
State oil and gas supervisor—Deputy supervisors—
Employment of personnel.
Duty and powers of department—In general.
Committee to participate in and administer federal Safe
Drinking Water Act in conjunction with the departments
of ecology, natural resources, and social and health
services.
Rules, regulations, and orders—Time and place of hearing—
Notices.
Hearing upon petition—Time for action.
Records—Copies as evidence—Copies to be furnished.
Drilling permit required—Notice.
Environmental impact statement required when drilling affects surface waters of the state—Drilling may be denied, when.
Waste prohibited.
Carbon black and carbon products—Permit required.
Investigations authorized.
Investigations—Powers and duties.
Development units authorized for known pools.
Development units to be prescribed for pool after discovery—Temporary development units.
Development units—Size and shape.
Development units—Location of well.
Development units—Order must cover entire pool—
Modifications.
Development units—Pooling of interests.
Pooling order—Allocation of production.
Pooled interests in well in development unit—Allocation of
costs—Rights of owners.
Pooling agreement, offer to pool, pooling order—Fairness to
nonconsenting, unleased owners.
78.44.310
78.52.255
Operations on development unit deemed operations on each
tract—Production allocated to tract deemed produced
from each tract—Shut-in well considered on each
tract—Lease on part of tract excluded from unit.
78.52.257 Dissolution of pooling order—Interests covered by terminated lease—Modification or termination of pooling order—Extension of dissolution of pooling order.
78.52.260 "Wildcat" or "exploratory" well data confidential.
78.52.270 Limitation of production to "oil allowable"—Proration.
78.52.280 Determining market demand—No undue discrimination in
proration of "allowable."
78.52.290 Limitation of production to "gas allowable"—Proration.
78.52.300 Limitation of gas production from one pool.
78.52.310 Proration of allowable production in pool—Publication of
orders—Emergency orders.
78.52.320 Compliance with limitation or proration required.
78.52.330 Unit operation of separately owned tracts.
78.52.335 Unit operation of pools.
78.52.345 Ratable purchase of oil from owners or operators of pool
required.
78.52.355 Ratable purchase of gas from owners or operators of pool
required.
78.52.365 Enforcement of RCW 78.52.345 and 78.52.355.
78.52.450 Participation of public lands in unit plan.
78.52.460 Unit plan not deemed monopolistic.
78.52.463 Suspension of operations for violation—Notice—Order—
Hearing—Stay of order.
78.52.467 Illegal oil, gas, or product—Sale, purchase, etc., prohibited—Seizure and sale—Deposit of proceeds.
78.52.470 Objections to order—Hearing required—Modification of
order.
78.52.480 Appeal from order or decision—Rights of department.
78.52.490 Appeal—How taken.
78.52.530 Violations—Injunctions.
78.52.540 Violations—Injunctions by private party.
78.52.550 Violations—Penalty.
78.52.900 Short title.
78.52.910 Construction—1951 c 146.
78.52.920 Severability—1951 c 146.
78.52.921 Severability—1983 c 253.
Franchises on county roads and bridges: Chapter 36.55 RCW.
Gas and hazardous liquid pipelines: Chapter 81.88 RCW.
Interstate oil compact commission, governor may join: RCW 43.06.015.
Oil or natural gas exploration in marine waters: RCW 90.58.550.
78.52.001 Declaration of purpose. It is hereby
declared to be in the public interest to foster, encourage, and
promote the exploration, development, production, and
utilization of oil and gas in the state in such manner as will
prevent waste; to authorize and to provide for the operation
and development of oil and gas properties in such manner as
to assure that the maximum economic recovery of oil and
gas may be obtained and the rights of owners thereof fully
protected; to conduct such oil and gas operations in a
manner that will maintain a safe and healthful environment
for the people of Washington and protect the state’s natural
resources; and to encourage, authorize, and provide for
cycling, recycling, pressure maintenance and secondary
recovery operations in order that the maximum economic
recovery of oil and gas may be obtained to the end that
landowners, royalty owners, producers, and the general
public may realize and enjoy the greatest possible benefits
from these vital resources. [1983 c 253 § 1; 1951 c 146 §
1.]
78.52.010 Definitions. For the purposes of this
chapter, unless the text otherwise requires, the following
terms shall have the following meanings:
[Title 78 RCW—page 19]
78.52.010
Title 78 RCW: Mines, Minerals, and Petroleum
(1) "Certificate of clearance" means a permit prescribed
by the department for the transportation or the delivery of
oil, gas, or product.
(2) "Department" means the department of natural
resources.
(3) "Development unit" means the maximum area of a
pool which may be drained efficiently and economically by
one well.
(4) "Division order" means an instrument showing
percentage of royalty or rental divisions among royalty
owners.
(5) "Fair and reasonable share of the production" means,
as to each separately-owned tract or combination of tracts,
that part of the authorized production from a pool that is
substantially in the proportion that the amount of recoverable
oil or gas under the development unit of that separatelyowned tract or tracts bears to the recoverable oil or gas or
both in the total of the development units in the pool.
(6) "Field" means the general area which is underlaid by
at least one pool and includes the underground reservoir or
reservoirs containing oil or gas, or both. The words "field"
and "pool" mean the same thing when only one underground
reservoir is involved; however, "field," unlike "pool," may
relate to two or more pools.
(7) "Gas" means all natural gas, all gaseous substances,
and all other fluid or gaseous hydrocarbons not defined as
oil in subsection (12) of this section, including but not
limited to wet gas, dry gas, residue gas, condensate, and
distillate, as those terms are generally understood in the
petroleum industry.
(8) "Illegal oil" or "illegal gas" means oil or gas that has
been produced from any well within the state in violation of
this chapter or any rule or order of the department.
(9) "Illegal product" means any product derived in
whole or part from illegal oil or illegal gas.
(10) "Interested person" means a person with an
ownership, basic royalty, or leasehold interest in oil or gas
within an existing or proposed development unit or unitized
pool.
(11) "Lessee" means the lessee under an oil and gas
lease, or the owner of any land or mineral rights who has the
right to conduct or carry on any oil and gas development,
exploration and operation thereon, or any person so operating
for himself, herself, or others.
(12) "Oil" means crude petroleum, oil, and all hydrocarbons, regardless of gravity, that are in the liquid phase in the
original reservoir conditions and are produced and recovered
at the wellhead in liquid form.
(13) "Operator" means the person who operates a well
or unit or who has been designated or accepted by the
owners to operate the well or unit, and who is responsible
for compliance with the department’s rules and policies.
(14) "Owner" means the person who has the right to
develop, operate, drill into, and produce from a pool and to
appropriate the oil or gas that he or she produces therefrom,
either for that person or for that person and others.
(15) "Person" means any natural person, corporation,
association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or representative of any kind and
includes any governmental or political subdivision or any
agency thereof.
[Title 78 RCW—page 20]
(16) "Pool" means an underground reservoir containing
a common accumulation of oil or gas, or both. Each zone
of a structure which is completely separated from any other
zone in the same structure such that the accumulations of oil
or gas are not common with each other is considered a
separate pool and is covered by the term "pool" as used in
this chapter.
(17) "Pooling" means the integration or combination of
two or more tracts into an area sufficient to constitute a
development unit of the size for one well as prescribed by
the department.
(18) "Product" means any commodity made from oil or
gas.
(19) "Protect correlative rights" means that the action or
regulation by the department should afford a reasonable
opportunity to each person entitled thereto to recover or
receive without causing waste his or her fair and reasonable
share of the oil and gas in this tract or tracts or its equivalent.
(20) "Royalty" means a right to or interest in oil or gas
or the value from or attributable to production, other than the
right or interest of a lessee, owner, or operator, as defined
herein. Royalty includes, but is not limited to the basic
royalty in a lease, overriding royalty, and production
payments. Any such interest may be referred to in this
chapter as "royalty" or "royalty interest." As used in this
chapter "basic royalty" means the royalty reserved in a lease.
"Royalty owner" means a person who owns a royalty interest.
(21) "Supervisor" means the state oil and gas supervisor.
(22) "Unitization" means the operation of all or part of
a field or reservoir as a single entity for operating purposes.
(23) "Waste" in addition to its ordinary meaning, means
and includes:
(a) "Physical waste" as that term is generally understood
in the petroleum industry;
(b) The inefficient, excessive, or improper use of, or
unnecessary dissipation of, reservoir energy, and the locating, spacing, drilling, equipping, operating, or producing of
any oil or gas well in a manner which results or is probable
to result in reducing the quantity of oil or gas to be recovered from any pool in this state under operations conducted
in accordance with prudent and proper practices or that
causes or tends to cause unnecessary wells to be drilled;
(c) The inefficient above-ground storage of oil, and the
locating, spacing, drilling, equipping, operating, or producing
of any oil or gas well in a manner causing or tending to
cause unnecessary or excessive surface loss or destruction of
oil or gas;
(d) The production of oil or gas in such manner as to
cause unnecessary water channeling, or coning;
(e) The operation of an oil well with an inefficient gasoil ratio;
(f) The drowning with water of any pool or part thereof
capable of producing oil or gas, except insofar as and to the
extent authorized by the department;
(g) Underground waste;
(h) The creation of unnecessary fire hazards;
(i) The escape into the open air, from a well producing
oil or gas, of gas in excess of the amount which is reasonably necessary in the efficient development or production of
the well;
(2002 Ed.)
Oil and Gas Conservation
(j) The use of gas for the manufacture of carbon black,
except as provided in RCW 78.52.140;
(k) Production of oil and gas in excess of the reasonable
market demand;
(l) The flaring of gas from gas wells except that which
is necessary for the drilling, completing, or testing of the
well; and
(m) The unreasonable damage to natural resources
including but not limited to the destruction of the surface,
soils, wildlife, fish, or aquatic life from or by oil and gas
operations. [1994 sp.s. c 9 § 809; 1983 c 253 § 2; 1951 c
146 § 3.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.025 Hearings and meetings of department.
The department shall hold hearings or meetings at such times
and places as may be found by the department to be necessary to carry out its duties. The department may establish
its own rules for the conduct of public hearings or meetings
consistent with other applicable law. [1994 sp.s. c 9 § 810;
1983 c 253 § 3; 1951 c 146 § 5. Formerly RCW
78.52.060.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.030 Employment of personnel. The department shall employ all personnel necessary to carry out the
provisions of this chapter. [1994 sp.s. c 9 § 811; 1951 c 146
§ 6.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.031 Conduct of hearings—Evidence. The
department may subpoena witnesses, administer oaths, and
require the production of records, books, and documents for
examination at any hearing or investigation conducted by it.
No person shall be excused from attending and testifying, or
from producing books, papers, and records before the
department or a court, or from obedience to the subpoena of
the department or a court, on the ground or for the reason
that the testimony or evidence, documentary or otherwise,
required of the person may tend to incriminate the person or
subject the person to a penalty or forfeiture: PROVIDED,
That nothing herein contained shall be construed as requiring
any person to produce any books, papers, or records, or to
testify in response to any inquiry not pertinent to some
question lawfully before the department or court for determination. No person shall be subjected to criminal prosecution
or to any penalty or forfeiture for or on account of any
transaction, matter, or thing concerning which, in spite of his
or her objection, he or she may be required to testify or
produce evidence, documentary or otherwise before the
department or court, or in obedience to its subpoena:
PROVIDED, HOWEVER, That no person testifying shall be
exempt from prosecution and punishment for perjury
committed in so testifying. [1994 sp.s. c 9 § 812; 1983 c
253 § 5; 1951 c 146 § 7. Formerly RCW 78.52.080.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
(2002 Ed.)
78.52.010
78.52.032 Hearing examiners. In addition to the
powers and authority, either express or implied, granted to
the department by virtue of the laws of this state, the
department may, in prescribing its rules of order or procedure in connection with hearings or other proceedings before
the department, provide for the appointment of one or more
examiners to conduct a hearing or hearings with respect to
any matter properly coming before the department and to
make reports and recommendations to the department with
respect thereto. Any employee of the department or any
other person designated by the commissioner of public lands,
or the supervisor when this power is so delegated, may serve
as an examiner. The department shall adopt rules governing
hearings to be conducted before examiners. [1994 sp.s. c 9
§ 813; 1983 c 253 § 10.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.033 Failure of witness to attend or testify—
Contempt. In case of failure or refusal on the part of any
person to comply with a subpoena issued by the department
or in case of the refusal of any witness to testify as to any
matter regarding which the witness may be interrogated, any
superior court in the state, upon the application of the
department, may compel the person to comply with such
subpoena, and to attend before the department and produce
such records, books, and documents for examination, and to
give his or her testimony and shall have the power to punish
for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.
[1994 sp.s. c 9 § 814; 1951 c 146 § 8. Formerly RCW
78.52.090.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.035 Attorney for department. The attorney
general shall be the attorney for the department, but in cases
of emergency, the department may call upon the prosecuting
attorney of the county where the action is to be brought, or
defended, to represent the department until such time as the
attorney general may take charge of the litigation. [1994
sp.s. c 9 § 815; 1951 c 146 § 9. Formerly RCW 78.52.110.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.037 State oil and gas supervisor—Deputy
supervisors—Employment of personnel. The department
shall designate a state oil and gas supervisor who shall be
charged with duties as may be delegated by the department.
The department may designate one or more deputy supervisors and employ all personnel necessary including the
appointment of examiners as provided in RCW 78.52.032 to
carry out this chapter and the rules and orders of the
department. [1994 sp.s. c 9 § 816; 1983 c 253 § 4.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.040 Duty and powers of department—In
general. The department shall administer and enforce the
provisions of this chapter by the adoption of policies, and all
rules, regulations, and orders promulgated hereunder, and the
[Title 78 RCW—page 21]
78.52.040
Title 78 RCW: Mines, Minerals, and Petroleum
department has jurisdiction, power, and authority, over all
persons and property, public and private, necessary to
enforce effectively such duty. [1994 sp.s. c 9 § 817; 1983
c 253 § 6; 1951 c 146 § 10.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.045 Committee to participate in and administer federal Safe Drinking Water Act in conjunction with
the departments of ecology, natural resources, and social
and health services. See RCW 43.21A.445.
78.52.050 Rules, regulations, and orders—Time and
place of hearing—Notices. The department may make such
reasonable rules, regulations, and orders as may be necessary
from time to time for the proper administration and enforcement of this chapter. Unless otherwise required by law or
by this chapter or by rules of procedure made under this
chapter, the department may make such rules, regulations,
and orders, after notice, as the basis therefor. The notice
may be given by publication in some newspaper of general
circulation in the state in a manner and form which may be
prescribed by the department by general rule. The public
hearing shall be at the time and in the manner and at the
place prescribed by the department, and any person having
any interest in the subject matter of the hearing shall be
entitled to be heard. In addition, written notice shall be
mailed to all interested persons who have requested, in
writing, notice of department hearings, rulings, policies, and
orders. The department shall establish and maintain a
mailing list for this purpose. Substantial compliance with
these mailing requirements is deemed compliance with this
section. [1994 sp.s. c 9 § 818; 1983 c 253 § 7; 1951 c 146
§ 11.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.070 Hearing upon petition—Time for action.
Any interested person shall have the right to have the
department call a hearing for the purpose of taking action
with respect to any matter within the jurisdiction of the
department by filing a verified written petition therefor,
which shall state in substance the matter and reasons for and
nature of the action requested. Upon receipt of any such
request the department, if in its judgment a hearing is warranted and justifiable, shall promptly call a hearing thereon,
and after such hearing, and with all convenient speed, and in
any event within twenty days after the conclusion of such
hearing, shall take such action with regard to the subject
matter thereof as it may deem appropriate. [1994 sp.s. c 9
§ 819; 1951 c 146 § 12.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.100 Records—Copies as evidence—Copies to
be furnished. All rules, regulations, policies, and orders of
the department, all petitions, copies of all notices and actions
with affidavits of posting, mailing, or publications pertaining
thereto, all findings of fact, and transcripts of all hearings
shall be in writing and shall be entered in full by the department in the permanent official records of the office of the
[Title 78 RCW—page 22]
commissioner of public lands and shall be open for inspection at all times during reasonable office hours. A copy of
any rule, regulation, policy, order, or other official records
of the department, certified by the commissioner of public
lands, shall be received in evidence in all courts of this state
with the same effect as the original. The department is
hereby required to furnish to any person upon request, copies
of all rules, regulations, policies, orders, and amendments
thereof. [1994 sp.s. c 9 § 820; 1983 c 253 § 8; 1951 c 146
§ 13.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.120 Drilling permit required—Notice. Any
person desiring or proposing to drill any well in search of oil
or gas, before commencing the drilling of any such well,
shall apply to the department upon such form as the department may prescribe, and shall pay to the state treasurer a fee
of the following amounts for each application:
(1) For each well the estimated depth of which is three
thousand five hundred feet or less, two hundred fifty dollars;
(2) From three thousand five hundred one feet to seven
thousand feet, five hundred dollars;
(3) From seven thousand one feet to twelve thousand
feet, seven hundred fifty dollars; and
(4) From twelve thousand one feet and deeper, one
thousand dollars.
In addition, as pertains to the tract upon which the well
is proposed to be located, the applicant must notify the
surface landowner, the landowner’s tenant, and other surface
users in the manner provided by regulations of the department that a drilling permit has been applied for by furnishing
each such surface landowner, tenant, and other users with a
copy of the application concurrent with the filing of the
application. Within fifteen days of receipt of the application,
each such surface landowner, the landowner’s tenant, and
other surface users have the right to inform the department
of objections or comments as to the proposed use of the
surface by the applicant, and the department shall consider
the objections or comments.
The drilling of any well is prohibited until a permit is
given and such fee has been paid as provided in this section.
The department may prescribe that the said form indicate the
exact location of such well, the name and address of the
owner, operator, contractor, driller, and any other person responsible for the conduct of drilling operations, the proposed
depth of the well, the elevation of the well above sea level,
and such other relevant and reasonable information as the
department may deem necessary or convenient to effectuate
the purposes of this chapter.
The department shall issue a permit if it finds that the
proposed drilling will be consistent with this chapter, the
rules and orders adopted under it, and is not detrimental to
the public interest. The department shall impose conditions
and restrictions as necessary to protect the public interest and
to ensure compliance with this chapter, and the rules and
orders adopted by the department. A person shall not apply
to drill a well in search of oil or gas unless that person holds
an ownership or contractual right to locate and operate the
drilling operations upon the proposed drilling site. A person
shall not be issued a permit unless that person prima facie
holds an ownership or contractual right to drill to the
(2002 Ed.)
Oil and Gas Conservation
78.52.120
proposed depth, or proposed horizon. Proof of prima facie
ownership shall be presented to the department. [1994 sp.s.
c 9 § 821; 1983 c 253 § 11; 1951 c 146 § 14.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.150 Investigations authorized. The department
shall make such investigations as it may deem proper to
determine whether waste exists or is imminent or whether
other facts exist which justify action by the department.
[1994 sp.s. c 9 § 824; 1951 c 146 § 17.]
78.52.125 Environmental impact statement required
when drilling affects surface waters of the state—Drilling
may be denied, when. Any person desiring or proposing to
drill any well in search of oil or gas, when such drilling
would be conducted through or under any surface waters of
the state, shall prepare and submit an environmental impact
statement upon such form as the department of ecology shall
prescribe at least one hundred and twenty days prior to
commencing the drilling of any such well. Within ninety
days after receipt of such environmental statement the
department of ecology shall prepare and submit to the
department of natural resources a report examining the
potential environmental impact of the proposed well and
recommendations for department action thereon. If after
consideration of the report the department determines that
the proposed well is likely to have a substantial environmental impact the drilling permit for such well may be denied.
The department shall require sufficient safeguards to
minimize the hazards of pollution of all surface and ground
waters of the state. If safeguards acceptable to the department cannot be provided the drilling permit shall be denied.
[1994 sp.s. c 9 § 822; 1971 ex.s. c 180 § 8.]
Reviser’s note: The definitions of RCW 90.56.010 apply to this
section. Funds for the purposes of carrying out this section are provided
from the coastal protection fund, RCW 90.48.390 and 90.48.400. The
authority and enforcement of rules pertaining to this section are covered in
RCW 90.56.050 and 90.56.900.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Severability—Short title—Construction—1971 ex.s. c 180: See
RCW 90.48.903, 90.48.906, and 90.56.900.
78.52.130 Waste prohibited. Waste of oil and gas,
as defined in this chapter, is prohibited. [1951 c 146 § 15.]
78.52.140 Carbon black and carbon products—
Permit required. The use of gas from a well producing gas
only, or from a well which is primarily a gas well, for the
manufacture of carbon black or similar products predominantly carbon, is declared to constitute waste prima facie,
and such gas well shall not be used for any such purpose
unless it is clearly shown, at a public hearing to be held by
the department, on application of the person desiring to use
such gas, that waste would not take place by the use of such
gas for the purpose or purposes applied for, and that gas
which would otherwise be lost is not available for such
purpose or purposes, and that the gas to be used cannot be
used for a more beneficial purpose, such as for light or fuel
purposes, except at prohibitive cost, and that it would be in
the public interest to grant such permit. If the department
finds that the applicant has clearly shown a right to use such
gas for the purpose or purposes applied for, it shall issue a
permit upon such terms and conditions as may be found
necessary in order to permit the use of the gas, and at the
same time require compliance with the intent of this section.
[1994 sp.s. c 9 § 823; 1951 c 146 § 16.]
(2002 Ed.)
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.155 Investigations—Powers and duties. (1)
The department shall make investigations as necessary to
carry out this chapter.
(2) The department shall require:
(a) Identification of ownership of oil or gas wells,
producing leases, tanks, plants, structures, and facilities for
the transportation or refining of oil or gas;
(b) The making and filing of well logs, core samples,
directional surveys, and reports on well locations, drilling,
and production;
(c) The testing of oil and gas wells;
(d) The drilling, casing, operating, and plugging of wells
in such a manner as to prevent the escape of oil or gas out
of the casings, or out of one pool into another, the intrusion
of water into an oil or gas pool, and the pollution of freshwater supplies by oil, gas, or saltwater and to prevent
blowouts, cavings, see pages, and fires;
(e) The furnishing of adequate security acceptable to the
department, conditioned on the performance of the duty to
plug each dry or abandoned well, the duty to reclaim and
clean-up well drilling sites, the duty to repair wells causing
waste, the duty to comply with all applicable laws and rules
adopted by the department, orders of the department, all
permit conditions, and this chapter;
(f) The operation of wells with efficient gas-oil and
water-oil ratios and may fix these ratios and limit production
from wells with inefficient gas-oil or water-oil ratios;
(g) The production of oil and gas from wells be accurately measured by means and upon standards prescribed by
the department, and that every person who produces, sells,
purchases, acquires, stores, transports, treats, or processes oil
or gas in this state keeps and maintains for a period of five
years within this state complete and accurate records thereof,
which records shall be available for examination by the
department or its agents at all reasonable times, and that
every person file with the department such reports as it may
prescribe with respect to the oil or gas; and
(h) Compliance with all applicable laws and rules of this
state.
(3) The department shall regulate:
(a) The drilling, producing, locating, spacing, and
plugging of wells and all other operations for the production
of oil or gas;
(b) The physical, mechanical, and chemical treatment of
wells, and the perforation of wells;
(c) Operations to increase ultimate recovery such as
cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into producing
formations;
(d) Disposal of saltwater and oil field brines;
[Title 78 RCW—page 23]
78.52.155
Title 78 RCW: Mines, Minerals, and Petroleum
(e) The storage, processing, and treatment of natural gas
and oil produced within this state; and
(f) Reclamation and clean-up of all well sites and any
areas directly affected by the drilling, production, operation,
and plugging of oil and gas wells.
(4) The department may limit and prorate oil and gas
produced in this state and may restrict future production of
oil and gas from any pool in such amounts as will offset and
compensate for any production determined by the department
to be in excess of or in violation of "oil allowable" or "gas
allowable."
(5) The department shall classify wells as oil or gas
wells for purposes material to the interpretation or enforcement of this chapter.
(6) The department shall regulate oil and gas exploration
and drilling activities so as to prevent or remedy unreasonable or excessive waste or surface destruction. [1994 sp.s.
c 9 § 825; 1983 c 253 § 9.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.200 Development units authorized for known
pools. When necessary to prevent waste, to avoid the
drilling of unnecessary wells, or to protect correlative rights
including those of royalty owners, the department, upon its
own motion or upon application of interested persons, shall
establish development units covering any known pool.
Development units shall be of uniform size and shape for the
entire pool unless the department finds that it must make an
exception due to geologic, geographic, or other factors.
When necessary, the department may divide any pool into
zones and establish development units for each zone, which
units may differ in size and shape from those established in
any other zone. [1994 sp.s. c 9 § 826; 1983 c 253 § 12;
1951 c 146 § 22.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.205 Development units to be prescribed for
pool after discovery—Temporary development units.
Within sixty days after the discovery of oil or gas in a pool
not then covered by an order of the department, a hearing
shall be held and the department shall issue an order
prescribing development units for the pool. If sufficient geological or other scientific data from drilling operations or
other evidence is not available to determine the maximum
area that can be efficiently and economically drained by one
well, the department may establish temporary development
units to ensure the orderly development of the pool pending
availability of the necessary data. A temporary order shall
continue in force for a period of not more than twenty-four
months at the expiration of which time, or upon the petition
of an affected person, the department shall require the presentation of such geological, scientific, drilling, or other evidence as will enable it to determine the proper development
units in the pool. During the interim period between the
discovery and the issuance of the temporary order, permits
shall not be issued for the drilling of direct offsets to a
discovery well. [1994 sp.s. c 9 § 827; 1983 c 253 § 13.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
[Title 78 RCW—page 24]
78.52.210 Development units—Size and shape. (1)
The size and the shape of any development units shall be
such as will result in the efficient and economical development of the pool as a whole, and the size shall not be
smaller than the maximum area that can be efficiently and
economically drained by one well as determined by competent geological, geophysical, engineering, drilling, or other
scientific testimony, data, and evidence. The department
shall fix a development unit of not more than one hundred
sixty acres for any pool deemed by the department to be an
oil reservoir, or of six hundred forty acres for any pool
deemed by the department to be a gas reservoir, plus a ten
percent tolerance in either case to allow for irregular sections. The department may, at its discretion, after notice and
hearing, establish development units for oil and gas in
variance of these limitations when competent geological,
geophysical, engineering, drilling, or other scientific testimony, data, and evidence is presented and upon a finding that
one well can efficiently and economically drain a larger or
smaller area and is justified because of technical, economic,
environmental, or safety considerations.
(2) The department may establish development units of
different sizes or shapes for different parts of a pool or may
grant exceptions to the size or shapes of any development
unit or units. Where development units of different sizes or
shapes exist in a pool, the department shall, if necessary,
make such adjustments to the allowable production from the
well or wells drilled thereon so that each operator in each
development unit will have a reasonable opportunity to
produce or receive his or her just and equitable share of the
production. [1994 sp.s. c 9 § 828; 1983 c 253 § 14; 1951 c
146 § 23.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.220 Development units—Location of well. An
order establishing development units for a pool shall specify
the size and shape of each area and the location of the
permitted well thereon in accordance with a reasonable uniform spacing plan. Upon application and after notice and a
hearing, if the department finds that a well drilled at the
prescribed location would not produce in paying quantities,
or that surface conditions would substantially add to the
burden or hazard of drilling such well, the department may
enter an order permitting the well to be drilled pursuant to
permit at a location other than that prescribed by such
development order; however, the department shall include in
the order suitable provisions to prevent the production from
the development unit of more than its just and equitable
share of the oil and gas in the pool. [1994 sp.s. c 9 § 829;
1983 c 253 § 15; 1951 c 146 § 24.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.230 Development units—Order must cover
entire pool—Modifications. An order establishing development units for a pool shall cover all lands determined or
believed to be underlaid by such pool, and may be modified
by the department from time to time to include additional
areas determined to be underlaid by such pool. When the
(2002 Ed.)
Oil and Gas Conservation
department determines that it is necessary for the prevention
of waste, or to avoid the drilling of unnecessary wells, or to
protect correlative rights, an order establishing development
units in a pool may be modified by the department to
increase or decrease the size of development units in the
pool or to permit the drilling of additional wells on a
reasonably uniform plan in the pool. [1994 sp.s. c 9 § 830;
1983 c 253 § 16; 1951 c 146 § 25.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.240 Development units—Pooling of interests.
When two or more separately-owned tracts are embraced
within a development unit, or when there are separately
owned interests in all or a part of the development unit, then
the owners and lessees thereof may pool their interests for
the development and operation of the development unit. In
the absence of this voluntary pooling, the department, upon
the application of any interested person, shall enter an order
pooling all interests, including royalty interests, in the
development unit for the development and operation thereof.
Each such pooling order shall be made after notice and
hearing. The applicant or applicants shall have the burden
of proving that all reasonable efforts have been made to
obtain the consent of, or to reach agreement with, other
owners. [1994 sp.s. c 9 § 831; 1983 c 253 § 17; 1951 c 146
§ 26.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.245 Pooling order—Allocation of production.
A pooling order shall be upon terms and conditions that are
fair and reasonable and that afford to each owner and royalty
owner his or her fair and reasonable share of production.
Production shall be allocated as follows:
(1) For the purpose of determining the portions of
production owned by the persons owning interests in the
pooled unit, the production shall be allocated to the respective tracts within the unit in the proportion that the surface
acres in each tract bear to the number of surface acres
included in the entire unit.
(2) Notwithstanding subsection (1) of this section, if the
department finds that allocation on a surface acreage basis
does not allocate to each tract its fair share, the department
shall allocate the production so that each tract will receive its
fair share. [1994 sp.s. c 9 § 832; 1983 c 253 § 18.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.250 Pooled interests in well in development
unit—Allocation of costs—Rights of owners. (1) Each
such pooling order shall make provision for the drilling and
operation of a well on the development unit, and for the payment of the reasonable actual cost thereof by the owners of
interests required to pay such costs in the development unit,
plus a reasonable charge for supervision and storage facilities. Costs associated with production from the pooled unit
shall be allocated in the same manner as is production in
RCW 78.52.245. In the event of any dispute as to such
costs the department shall determine the proper costs.
(2002 Ed.)
78.52.230
(2) As to each owner who fails or refuses to agree to
bear his or her proportionate share of the costs of the drilling
and operation of the well, the order shall provide for
reimbursement of those persons paying for the drilling and
operation of the well of the nonconsenting owner’s share of
the costs from, and only from, production from the unit
representing that person’s interest, excluding royalty or other
interests not obligated to pay any part of the cost thereof.
The department may provide that the consenting owners
shall own and be entitled to receive all production from the
well after payment of the royalty as provided in the lease, if
any, applicable to each tract or interest, and obligations
payable from production, until the consenting owners have
been paid the amount due under the terms of the pooling
order or order settling any dispute.
The order shall determine the interest of each owner in
the unit and shall provide that each consenting owner is
entitled to receive, subject to royalty or similar obligations,
the share of the production of the well applicable to the
owner’s interest in the unit, and, unless the owner has agreed
otherwise, his or her proportionate part of the nonconsenting
owner’s share of the production until costs are recovered as
provided in this subsection. Each nonconsenting owner is
entitled to receive, subject to royalty or similar obligations,
the share of production from the well applicable to the
owner’s interest in the unit after the consenting owners have
recovered from the nonconsenting owner’s share of production the following:
(a) In respect to every such well, one hundred percent
of the nonconsenting owner’s share of the cost of surface
equipment beyond the wellhead connections, including but
not limited to, stock tanks, separators, treaters, pumping
equipment, and piping, plus one hundred percent of the
nonconsenting owner’s share of the cost of operation of the
well, commencing with first production and continuing until
the consenting owners have recovered these costs, with the
intent that the nonconsenting owner’s share of these costs
and equipment will be that interest which would have been
chargeable to the nonconsenting owner had he or she
initially agreed to pay his or her share of the costs of the
well from the beginning of the operation;
(b) One hundred fifty percent of that portion of the costs
and expenses of staking the location, well site preparation,
rights of way, rigging-up, drilling, reworking, deepening or
plugging back, testing, and completing, after deducting any
cash contributions received by the consenting owners, and
also one hundred fifty percent of that portion of the cost of
equipment in the well, up to and including the wellhead
connections; and
(c) If there is a dispute regarding the costs, the department shall determine the proper costs and their allocation
among working interest owners after due notice to interested
parties and a hearing on the costs.
(3) The operator of a well under a pooling order in
which there are nonconsenting owners shall furnish the
nonconsenting owners with monthly statements of all costs
incurred, together with the quantity of oil or gas produced,
and the amount of proceeds realized from the sale of this
production during the preceding month. If and when the
consenting owners recover from a nonconsenting owner’s
relinquished interest the amounts provided for in subsection
(2) of this section, the relinquished interest of the noncon[Title 78 RCW—page 25]
78.52.250
Title 78 RCW: Mines, Minerals, and Petroleum
senting owner shall automatically revert to him or her, and
the nonconsenting owner shall own the same interest in the
well and the production from it and be liable for the further
costs of the operation as if he or she had participated in the
initial drilling and operation.
(4) A nonconsenting owner of a tract in a development
unit which is not subject to any lease or other contract for
the development thereof for oil and gas shall elect within
fifteen days of the issuance of the pooling order or such further time as the department shall, in the order, allow:
(a) To be treated as a nonconsenting owner as provided
in subsections (2) and (3) of this section and is deemed to
have a basic landowners’ royalty of one-eighth, or twelve
and one-half percent, of the production allocated to the tract,
unless a higher basic royalty has been established in the
development unit. If a higher royalty has been established,
then the nonconsenting owner of a nonleased tract shall
receive the higher basic royalty. This presumed royalty shall
exist only during the time that costs and expenses are being
recovered under subsection (2) of this section, and is
intended to assure that the owner of a nonleased tract receive
a basic royalty free of all costs at all times. Notwithstanding
anything herein to the contrary, the owner shall at all times
retain his or her entire ownership of the property, including
the right to execute an oil and gas lease on any terms
negotiated, and be entitled to all production subject to subsection (2) of this section; or
(b) To grant a lease to the operator at the current fair
market value for that interest for comparable leases or
interests at the time of the commencement of drilling; or
(c) To pay his or her pro rata share of the costs of the
well or wells in the development unit and receive his or her
pro rata share of production, if any.
A nonconsenting owner who does not make an election
as provided in this subsection is deemed to have elected to
be treated under (a) of this subsection. [1994 sp.s. c 9 §
833; 1983 c 253 § 19; 1951 c 146 § 27.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.253 Pooling agreement, offer to pool, pooling
order—Fairness to nonconsenting, unleased owners. A
pooling agreement, offer to pool, or pooling order is not
considered fair and reasonable as applied to nonconsenting,
unleased owners only, if it provides for an operating agreement containing any of the following provisions:
(1) Preferential right of the operator to purchase mineral
interests in the unit;
(2) A call on or option to purchase production from the
unit;
(3) Operating charges that include any part of district or
central office expense other than reasonable overhead
charges; or
(4) Prohibition against nonoperators questioning the
operation of the unit. [1983 c 253 § 20.]
78.52.255 Operations on development unit deemed
operations on each tract—Production allocated to tract
deemed produced from each tract—Shut-in well considered on each tract—Lease on part of tract excluded from
unit. (1) Operations incident to the drilling of a well upon
[Title 78 RCW—page 26]
any portion of a development unit covered by a pooling
order shall be deemed, for all purposes, the conduct of such
operations upon each separately-owned tract in the development unit by the several owners thereof. That portion of the
production allocated to each separately-owned tract included
in a development unit covered by a pooling order shall,
when produced, be deemed for all purposes, including the
payment of royalty, to have been produced from each
separately-owned tract by a well drilled thereon. If an oil or
gas well on a pooled unit is shut-in, it shall be considered
that the shut-in well is on each separately-owned tract in the
pooled unit.
(2) If only part of the tract is included in the unit,
operations on, production from, or a shut-in well on the unit
shall maintain an oil and gas lease on the tract as to the part
excluded from the unit only if the lease would be maintained
had the unit been created voluntarily under the lease. [1983
c 253 § 21.]
78.52.257 Dissolution of pooling order—Interests
covered by terminated lease—Modification or termination of pooling order—Extension of dissolution of pooling
order. (1) An order pooling a development unit shall
automatically dissolve:
(a) One year after its effective date if there has been no
production of commercial quantities or drilling operations on
lands within the unit;
(b) Six months after completion of a dry hole on the
unit; or
(c) Six months after cessation of production of commercial quantities from the unit, unless, prior to the expiration
of such six-month period, the operator shall, in good faith,
commence drilling or reworking operations in an effort to
restore production.
(2) Upon the termination of a lease pooled by order of
the department under authority granted in this chapter,
interests covered by the lease are considered pooled as
unleased mineral interests.
(3) Any party to a pooling order is entitled, after due
notice to all parties, to a hearing to modify or terminate a
previously entered pooling order upon presenting new
evidence showing that the previous determination of reservoir conclusions are substantially incorrect.
(4) The department, after notice and hearing, may grant
additional time, for good cause shown, before a pooling
order is automatically dissolved as provided in subsection (1)
of this section. In no case may such an extension be longer
than six months. [1994 sp.s. c 9 § 834; 1983 c 253 § 22.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.260 "Wildcat" or "exploratory" well data
confidential. Whenever the department requires the making
and filing of well logs, directional surveys, or reports on the
drilling of, subsurface conditions found in, or reports with
respect to the substance produced, or capable of being
produced from, a "wildcat" or "exploratory" well, as those
terms are used in the petroleum industry, such logs, surveys,
reports, or information shall be kept confidential by the
department for a period of one year, if at the time of filing
such logs, surveys, reports, or other information, the owner,
(2002 Ed.)
Oil and Gas Conservation
lessee, or operator of such well requests that such information be kept confidential: PROVIDED, HOWEVER, That
the department may divulge or use such information in a
public hearing or suit when it is necessary for the enforcement of the provisions of this chapter or any rule, regulation,
or order made hereunder. [1994 sp.s. c 9 § 835; 1951 c 146
§ 28.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.270 Limitation of production to "oil allowable"—Proration. Whenever the total amount of oil which
all of the pools in this state can currently produce in accordance with good operating practices, exceeds the amount
reasonably required to meet the reasonable market demand,
the department shall limit the oil which may be currently
produced in this state to an amount, designated the "oil
allowable." The department shall then prorate this "oil
allowable" among the pools on a reasonable basis, avoiding
undue discrimination among the pools, and so that waste will
be prevented. In determining the "oil allowable," and in
prorating such "oil allowable" among the pools in the state,
the department shall take into account the producing conditions and other relevant facts with respect to such pools,
including the separate needs for oil and gas, and separate
needs for oil of particular kinds or qualities, and shall
formulate rules setting forth standards or a program for the
determination of the "oil allowable," and shall prorate the
"oil allowable" in accordance with such standards or program, and where conditions in one pool or area are substantially similar to those in another pool or area, then the same
standards or program shall be applied to such pools or areas
so that as far as practicable a uniform program will be
followed: PROVIDED, HOWEVER, That if the amount
prorated to a pool as its share of the "oil allowable" is in
excess of the amount which the pool can efficiently produce
currently, then the department shall prorate to such pool the
maximum amount which can be efficiently produced
currently without waste. [1994 sp.s. c 9 § 836; 1951 c 146
§ 29.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.280 Determining market demand—No undue
discrimination in proration of "allowable." The department shall not be required to determine the reasonable
market demand applicable to any single pool of oil except in
relation to all pools producing oil of similar kind and quality
and in relation to the reasonable market demand. The
department shall prorate the "allowable" in such manner as
will prevent undue discrimination against any pool or area in
favor of another or others resulting from selective buying or
nomination by purchasers. [1994 sp.s. c 9 § 837; 1951 c
146 § 30.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.290 Limitation of production to "gas allowable"—Proration. Whenever the total amount of gas which
all of the pools in this state can currently produce in accordance with good operating practice exceeds the amount
(2002 Ed.)
78.52.260
reasonably required to meet the reasonable market demand,
the department shall limit the gas which may be currently
produced to an amount, designated as the "gas allowable,"
which will not exceed the reasonable market demand for gas.
The department shall then prorate the "gas allowable" among
the pools on a reasonable basis, avoiding undue discrimination among the pools, and so that waste will be prevented,
giving due consideration to location of pipe lines, cost of
interconnecting such pipe lines, and other pertinent factors,
and insofar as applicable, the provisions of RCW 78.52.270
shall be followed in determining the "gas allowable" and in
prorating such "gas allowable" among the pools therein:
PROVIDED, HOWEVER, That in determining the reasonable market demand for gas as between pools, the department shall give due regard to the fact that gas produced from
oil pools is to be regulated in a manner which will protect
the reasonable use of gas energy for oil production and promote the most or maximum efficient recovery of oil from
such pools. [1994 sp.s. c 9 § 838; 1951 c 146 § 31.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.300 Limitation of gas production from one
pool. Whenever the total amount of gas which may be
currently produced from all of the pools in this state has not
been limited as hereinabove provided, and the available
production from any one pool containing gas only is in
excess of the reasonable market demand or available transportation facilities for gas from such pool, the department
shall limit the production of gas from such pool to that
amount which does not exceed the reasonable market
demand or transportation facilities for gas from such pool.
[1994 sp.s. c 9 § 839; 1951 c 146 § 32.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.310 Proration of allowable production in
pool—Publication of orders—Emergency orders. Whenever the department limits the total amount of oil or gas
which may be produced from any pool to an amount less
than that which the pool could produce if no restrictions
were imposed (whether incidental to, or without, a limitation
of the total amount of oil which may be produced in the
state) the department shall prorate the allowable production
for the pool among the producers in the pool on a reasonable
basis, so that each producer will have opportunity to produce
or receive his or her just and equitable share, subject to the
reasonable necessities for the prevention of waste, giving
where reasonable, under the circumstances, to each pool with
small wells of settled production, allowable production which
prevents the premature abandonment of wells in the pool.
All orders establishing the "oil allowable" and "gas
allowable" for this state, and all orders prorating such
allowables as herein provided, and any changes thereof, for
any month or period shall be issued by the department on or
before the fifteenth day of the month preceding the month
for which such orders are to be effective, and such orders
shall be immediately published in some newspaper of
general circulation printed in Olympia, Washington. No
orders establishing such allowables, or prorating such
allowables, or any changes thereof, shall be issued without
[Title 78 RCW—page 27]
78.52.310
Title 78 RCW: Mines, Minerals, and Petroleum
first having a hearing, after notice, as provided in this
chapter: PROVIDED, HOWEVER, When in the judgment
of the department, an emergency requiring immediate action
is found to exist, the department may issue an emergency
order under this section which shall have the same effect and
validity as if a hearing with respect to the same had been
held after due notice. The emergency order permitted by
this section shall remain in force no longer than thirty days,
and in any event it shall expire when the order made after
due notice and hearing with respect to the subject matter of
the emergency order becomes effective. [1994 sp.s. c 9 §
840; 1951 c 146 § 33.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.320 Compliance with limitation or proration
required. Whenever the production of oil or gas in this
state or any pool therein is limited and the "oil allowable" or
"gas allowable" is established and prorated by the department as provided in RCW 78.52.310, no person shall
thereafter produce from any well, pool, lease, or property
more than the production which is prorated thereto. [1994
sp.s. c 9 § 841; 1951 c 146 § 34.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.330 Unit operation of separately owned tracts.
To assist in the development of oil and gas in this state and
to further the purposes of this chapter, the persons owning
interests in separate tracts of land, may validly agree to
integrate their interests and manage, operate, and develop
their land as a unit, subject to the approval of the department. [1994 sp.s. c 9 § 842; 1951 c 146 § 35.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.335 Unit operation of pools. (1) The department shall upon the application of any interested person, or
upon its own motion, hold a hearing to consider the need for
the operation as a unit of one or more pools or parts of them
in a field.
(2) The department may enter an order providing for the
unit operations if it finds that:
(a) The unit operations are necessary for secondary
recovery or enhanced recovery purposes. For purposes of
this chapter secondary or enhanced recovery means that oil
or gas or both are recovered by any method, artificial
flowing or pumping, that may be employed to produce oil or
gas, or both, through the joint use of two or more wells with
an application of energy extrinsic to the pool or pools. This
includes pressuring, cycling, pressure maintenance, or
injections into the pool or pools of a substance or form of
energy: PROVIDED, That this does not include the injection in a well of a substance or form of energy for the sole
purpose of (i) aiding in the lifting of fluids in the well, or
(ii) stimulation of the reservoir at or near the well by
mechanical, chemical, thermal, or explosive means;
(b) The unit operations will protect correlative rights;
(c) The operations will increase the ultimate recovery of
oil or gas, or will prevent waste, or will prevent the drilling
of unnecessary wells; and
[Title 78 RCW—page 28]
(d) The value of the estimated additional recovery of oil
and/or gas exceeds the estimated additional cost incident to
conducting these operations.
(3) The department may also enter an order providing
for unit operations, after notice and hearing, only if the
department finds that there is clear and convincing evidence
that all of the following conditions are met:
(a) In the absence of unitization, the ultimate recovery
of oil or gas, or both, will be substantially decreased because
normal production techniques and methods are not feasible
and will not result in the maximum efficient and economic
recovery of oil or gas, or both;
(b) The unit operations will protect correlative rights;
(c) The unit operations will prevent waste, or will
prevent the drilling of unnecessary wells;
(d) There has been a discovery of a commercial oil or
gas field; and
(e) There has been sufficient exploration, drilling
activity, and development to properly define the one or more
pools or parts of them in a field proposed to be unitized.
(4) Notwithstanding any of the above, nothing in this
chapter may be construed to prevent the voluntary agreement
of all interested persons to any plan of unit operations. The
department shall approve operations upon making a finding
consistent with subsection (2) (b) and (c) of this section.
(5) The order shall be upon terms and conditions that
are fair and reasonable and shall prescribe a plan for unit
operations that includes:
(a) A description of the pool or pools or parts thereof to
be so operated, termed the unitized area;
(b) A statement of the nature of the operations contemplated;
(c) An allocation of production and costs to the separately-owned tracts in the unitized area. The allocation shall
be in accord with the agreement, if any, of the interested
parties. If there is no agreement, production shall be
allocated in a manner calculated to ensure that each owner’s
correlative rights are protected, and each separately-owned
tract or combination of tracts receives its fair and reasonable
share of production. Costs shall be allocated on a fair and
reasonable basis;
(d) A provision, if necessary, prescribing fair, reasonable, and equitable terms and conditions as to time and rate
of interest for carrying or otherwise financing any person
who is unable to promptly meet his or her financial obligations in connection with the unit, such carrying and interest
charges to be paid as provided by the department from the
person’s prorated share of production;
(e) A provision for the supervision and conduct of the
unit operations, in respect to which each owner shall have a
vote with a value corresponding to the percentage of the
costs of unit operations chargeable against the owner’s
interest;
(f) The time when the unit operations shall commence,
the timetable for development, and the manner and circumstances under which the unit operations shall terminate; and
(g) Additional provisions which are found to be appropriate for carrying out the unit operations and for the
protection of correlative rights.
(6) No order of the department providing for unit
operations may become effective until:
(2002 Ed.)
Oil and Gas Conservation
(a) The plan for unit operations approved by the
department has been approved in writing by those persons
who, under the department’s order, will be required to pay
at least seventy-five percent of the costs of unit operations;
(b) The plan has been approved in writing by those
persons such as royalty owners, overriding royalty owners,
and production payment owners, who own at least seventyfive percent of the production or proceeds thereof that will
be credited to interests that are free of costs; and
(c) The department has made a finding, either in the
order providing for unit operations or in a supplemental
order, that the plan for unit operations has been so approved.
If the plan for unit operations has not been so approved at
the time the order providing for unit operations is made, the
department shall upon application and notice hold such
supplemental hearings as may be required to determine if
and when the plan for unit operations has been so approved.
If the persons owning required percentages of interest in the
unitized area do not approve the plan for unit operations
within a period of six months from the date on which the
order providing for unit operations is made, or within such
additional period or periods of time as the department prescribes, the order will become unenforceable and shall be
vacated by the department.
(7) An order providing for unit operations may be
amended by an order made by the department in the same
manner and subject to the same conditions as an original
order, except as provided in subsection (8) of this section,
providing for unit operations, but (a) if such an amendment
affects only the rights and interests of the owners, the
approval of the amendment by those persons who own interests that are free of costs is not required, and (b) no such
amending order may change the percentage for the allocation
of oil and gas as established for any separately-owned tract
or combination of tracts by the original order, except with
the consent of all persons owning oil and gas rights in the
tract, and no such order may change the percentage for the
allocation of cost as established for any separately-owned
tract or combination of tracts by the original order, except
with the consent of all persons owning an interest in the tract
or combination of tracts. An amendment that provides for
the expansion of the unit area shall comply with subsection
(8) of this section.
(8) The department, by order, may provide for the unit
operation of a reservoir or reservoirs or parts thereof that
include a unitized area established by a previous order of the
department. The order, in providing for the allocation of
unit production, shall first treat the unitized area previously
established as a single tract and the portion of the new unit
production allocated thereto shall then be allocated among
the separately-owned tracts included in the previously
established unit area in the same proportions as those
specified in the previous order.
(9) After the date designated by the department the unit
plan shall be effective, oil and gas leases within the unit
area, or other contracts pertaining to the development
thereof, shall be changed only to the extent necessary to
meet the requirements of the unit plan, and otherwise shall
remain in full force. Operations carried on under and in
accordance with the unit plan shall be regarded and considered as fulfillment of and compliance with all of the provisions, covenants, and conditions, expressed or implied, of the
(2002 Ed.)
78.52.335
several oil and gas leases upon lands within the unit area, or
other contracts pertaining to the development thereof, insofar
as the leases or other contracts may relate to the pool or
field subject to the unit plan. The amount of production
apportioned and allocated under the unit plan to each
separately-owned tract within the unit area, and only that
amount, regardless of the location of the well within the unit
area from which it may be produced, and regardless of
whether it is more or less than the amount of production
from the well, if any, on each separately-owned tract, shall
for all purposes be regarded as production from the separately-owned tract. Lessees shall not be obligated to pay
royalties or make other payments, required by the oil and
gas leases or other contracts affecting each such separatelyowned tract, on production in excess of that amount apportioned and allocated to the separately-owned tract under the
unit plan.
(10) The portion of the unit production allocated to any
tract and the proceeds from its sale are the property and
income of the several persons to whom, or to whose credit,
the portion and proceeds are allocated or payable under the
order providing for unit operations.
(11) No division order or other contract relating to the
sale, purchase, or production from a separately-owned tract
or combination of tracts may be terminated by the order
providing for unit operations but shall remain in force and
shall apply to oil and gas allocated to the tract until terminated by an amended division order or contract in accordance
with the order.
(12) Except to the extent that parties affected so agree,
an order providing for unit operations shall not be construed
to result in a transfer of all or any part of the title of any
person to the oil and gas rights in any tract in the unit area.
All property, whether real or personal, that may be acquired
in the conduct of unit operations hereunder shall be acquired
for the account of the owners within the unit area, and shall
be the property of those owners in the proportion that the
expenses of unit operations are charged.
(13) After the date designated by the order of the
department that a unit plan shall become effective, the
designation of one or more unit operators shall be by vote of
the lessees of land in the unit area, in a manner to be
provided in the unit plan, and any operations in conflict with
such unit plan shall be unlawful and are prohibited.
(14) A certified copy of any order of the department
entered under this section is entitled to be recorded in the
auditor’s office in the county or counties wherein all or any
portion of the unit area is located and, if recorded, constitute
notice thereof to all persons. A copy of this order shall be
mailed by certified mail to all interested persons.
(15) No order for unitization may be construed to allow
the drilling of a well on a tract within the unit which is not
leased or under contract for oil and gas exploration or
production. [1994 sp.s. c 9 § 843; 1983 c 253 § 23.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.345 Ratable purchase of oil from owners or
operators of pool required. Each person now or hereafter
purchasing or taking for transportation oil from any owner
or producer shall purchase or take ratably without discrimination in favor of any owner or operator over any other
[Title 78 RCW—page 29]
78.52.345
Title 78 RCW: Mines, Minerals, and Petroleum
owner or producer in the same pool offering to sell his or
her oil produced therefrom to that person. If the person
purchasing or taking for transportation oil does not have
need for all such oil lawfully produced within a pool, or if
for any reason is unable to purchase all of the oil, then it
shall purchase from each operator in a pool ratably, taking
and purchasing the same quantity of oil from each well to
the extent that each well is capable of producing its ratable
portion without waste. Nothing in this section may be
construed to require any owner or operator to sell his or her
product to only one purchaser or to require more than one
pipeline connection for each producing well. If any such
purchaser or person taking oil for transportation is likewise
an operator or owner, the purchaser or person is prohibited
from discriminating in favor of his or her own production,
or production in which he or she may be interested, and his
or her own production shall be treated as that of any other
operator or owner. [1983 c 253 § 24.]
78.52.355 Ratable purchase of gas from owners or
operators of pool required. Each person now or hereafter
purchasing or taking for transportation gas produced from
gas wells or from oil wells from any owner or operator shall
purchase or take ratably without discrimination in favor of
any owner or operator, over any other owner or operator in
a pool. The person shall not discriminate in the quantities
purchased, the basis of measurement, or the gas transportation facilities afforded for gas of like quantity, quality, and
pressure available from such wells. For the purpose of this
section and RCW 78.52.345, reasonable differences in
quantity taken or facilities afforded do not constitute unreasonable discrimination if the differences bear a fair relationship to differences in quality, quantity, or pressure of the gas
available or the acreage attributable to the well, market
requirements, or to the relative lengths of time during which
the gas will be available to the purchaser. If the purchaser
or person taking gas for transportation is likewise an
operator or owner, the purchaser or person is prohibited from
discriminating in favor of quantities taken or facilities in
which he or she may be interested, and his or her own
production shall be treated as that of any other operator or
owner producing from gas wells in the same pool. [1983 c
253 § 25.]
78.52.365 Enforcement of RCW 78.52.345 and
78.52.355. The department may administer and enforce
RCW 78.52.345 and 78.52.355 in accordance with the
procedures in this chapter for its enforcement and with the
rules and orders of the department. [1994 sp.s. c 9 § 844;
1983 c 253 § 26.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.450 Participation of public lands in unit plan.
The commissioner of public lands, or other officer or board
having the control and management of state land, and the
proper board or officer of any political, municipal, or other
subdivision or agency of the state having control and
management of public lands, may, on behalf of the state or
of such political, municipal, or other subdivision or agency
thereof, with respect to land and oil and gas rights subject to
[Title 78 RCW—page 30]
the control and management of such respective body, board
or officer, consent to and participate in any unit plan. [1951
c 146 § 48.]
78.52.460 Unit plan not deemed monopolistic. No
plan for the operation of a field or pool of oil or gas as a
unit, either whole or in part, created or approved by the
department under this chapter may be held to violate any of
the statutes of this state prohibiting monopolies or acts,
arrangements, agreements, contracts, combinations, or
conspiracies in restraint of trade or commerce. [1994 sp.s.
c 9 § 845; 1951 c 146 § 49.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.463 Suspension of operations for violation—
Notice—Order—Hearing—Stay of order. (1) Any
operation or activity that is in violation of applicable laws,
rules, orders, or permit conditions is subject to suspension by
order of the department. The order may suspend the
operations authorized in the permit in whole or in part. The
order may be issued only after the department has first
notified the operator or owner of the violations and the
operator or owner has failed to comply with the directions
contained in the notification within ten days of service of the
notice: PROVIDED, That the department may issue the
suspension order immediately without notice if the violations
are or may cause substantial harm to adjacent property,
persons, or public resources, or has or may result in the
pollution of waters in violation of any state or federal law or
rule. A suspension shall remain in effect until the violations
are corrected or other directives are complied with unless
declared invalid by the department after hearing or an
appeal. The suspension order and notification, where
applicable, shall specify the violations and the actions
required to be undertaken to be in compliance with such
laws, rules, orders, or permit conditions. The order and
notification may also require remedial actions to be undertaken to restore, prevent, or correct activities or conditions
which have resulted from the violations. The order and
notification may be directed to the operator or owner or
both.
(2) The suspension order constitutes a final and binding
order unless the owner or operator to whom the order is
directed requests a hearing before the department within
fifteen days after service of the order. Such a request shall
not in itself stay or suspend the order and the operator or
owner shall comply with the order immediately upon service.
The department may stay or suspend in whole or in part the
suspension order pending a hearing if so requested. The
hearing shall constitute an adjudicative proceeding under
chapter 34.05 RCW, the Administrative Procedure Act.
[1994 sp.s. c 9 § 846; 1989 c 175 § 167; 1983 c 253 § 29.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
78.52.467 Illegal oil, gas, or product—Sale, purchase, etc., prohibited—Seizure and sale—Deposit of
proceeds. (1) The sale, purchase, acquisition, transportation,
refining, processing, or handling of illegal oil, gas, or
(2002 Ed.)
Oil and Gas Conservation
product is prohibited. However, no penalty by way of fine
may be imposed upon a person who sells, purchases, acquires, transports, refines, processes, or handles illegal oil,
gas, or product unless (a) the person knows, or is put on
notice of, facts indicating that illegal oil, illegal gas, or
illegal product is involved, or (b) the person fails to obtain
a certificate of clearance with respect to the oil, gas, or
product if prescribed by rule or order of the department, or
fails to follow any other method prescribed by an order of
the department for the identification of the oil, gas, or
product.
(2) Illegal oil, illegal gas, and illegal product are
declared to be contraband and are subject to seizure and sale
as provided in this section. Seizure and sale shall be in
addition to all other remedies and penalties provided in this
chapter for violations relating to illegal oil, illegal gas, or
illegal product. If the department believes that any oil, gas,
or product is illegal, the department acting through the
attorney general, shall bring a civil action in rem in the
superior court of the county in which the oil, gas, or product
is found, to seize and sell the same, or the department may
include such an action in rem in any suit brought for an
injunction or penalty involving illegal oil, illegal gas, or
illegal product. A person claiming an interest in oil, gas, or
product affected by an action in rem has the right to intervene as an interested party.
(3) Actions for the seizure and sale of illegal oil, illegal
gas, or illegal product shall be strictly in rem and shall
proceed in the name of the state as plaintiff against the oil,
gas, or product as defendant. No bond or similar undertaking may be required of the plaintiff. Upon the filing of the
petition for seizure and sale, the clerk of the court shall issue
a summons, with a copy of the petition attached thereto,
directed to the sheriff of the county or to another officer or
person whom the court may designate, for service upon all
persons having or claiming any interest in the oil, gas, or
product described in the petition. The summons shall
command these persons to appear and answer within twenty
days after the issuance and service of the summons. These
persons need not be named or otherwise identified in the
summons, and the summons shall be served by posting a
copy of the summons, with a copy of the petition attached,
on any public bulletin board or at the courthouse of a county
where the oil, gas, or product involved is located, and by
posting another copy at or near the place where the oil, gas,
or product is located. The posting constitutes notice of the
action to all persons having or claiming any interest in the
oil, gas, or product described in the petition. In addition, if
the court, on a properly verified petition, or affidavit or
affidavits, or oral testimony, finds that grounds for seizure
and for sale exist, the court shall issue an immediate order
of seizure, describing the oil, gas, or product to be seized,
and directing the sheriff of the county to take the oil, gas, or
product into the sheriff’s actual or constructive custody and
to hold the same subject to further orders of the court. The
court, in the order of seizure, may direct the sheriff to
deliver the oil, gas, or product seized by him or her under
the order to a court-appointed agent. The agent shall give
bond in an amount and with such surety as the court may
direct, conditioned upon compliance with the orders of the
court concerning the custody and disposition of the oil, gas,
or product.
(2002 Ed.)
78.52.467
(4) Any person having an interest in oil, gas, or product
described in order of seizure and contesting the right of the
state to seize and sell the oil, gas, or product may obtain its
release prior to sale upon furnishing to the sheriff a bond
approved by the court. The bond shall be in an amount
equal to one hundred fifty percent of the market value of the
oil, gas, or product to be released and shall be conditioned
upon either redelivery to the sheriff of the released commodity or payment to the sheriff of its market value, if and when
ordered by the court, and upon full compliance with further
orders of the court.
(5) If the court, after a hearing upon a petition for the
seizure and sale of oil, gas, or product, finds that the oil,
gas, or product is contraband, the court shall order its sale by
the sheriff in the same manner and upon the same notice of
sale as provided by law for the sale of personal property on
execution of judgment entered in a civil action, except that
the court may order that the oil, gas, or product be sold in
specified lots or portions and at specified intervals. Upon
sale, title to the oil, gas, or product sold shall vest in the
purchaser free of all claims, and it shall be legal oil, legal
gas, or legal product in the hands of the purchaser.
(6) All proceeds, less costs of suit and expenses of sale,
which are derived from the sale of illegal oil, illegal gas, or
illegal product, and all amounts paid as penalties provided
for by this chapter, shall be paid into the state treasury for
the use of the department in defraying its expenses in the
same manner as other funds provided by law for the use of
the department. [1994 sp.s. c 9 § 847; 1983 c 253 § 30.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.470 Objections to order—Hearing required—
Modification of order. Any person adversely affected by
any order of the department may, within thirty days from the
effective date of such order, apply for a hearing with respect
to any matter determined therein. No cause for action arising out of any order of the department accrues in any court
to any person unless the person makes application for a
hearing as provided in this section. Such application shall
set forth specifically the ground on which the applicant
considers the order to be unlawful or unreasonable. No
party shall, in any court, urge or rely upon any ground not
set forth in said application. An order made in conformity
to a decision resulting from a hearing which abrogates,
changes, or modifies the original order shall have the same
force and effect as an original. Such hearing shall constitute
an adjudicative proceeding under chapter 34.05 RCW, the
Administrative Procedure Act, and shall be conducted in
accordance with its provisions. [1994 sp.s. c 9 § 848; 1989
c 175 § 168; 1983 c 253 § 27; 1951 c 146 § 50.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective date—1989 c 175: See note following RCW 34.05.010.
78.52.480 Appeal from order or decision—Rights of
department. In proceedings for review of an order or
decision of the department, the department shall be a party
to the proceedings and shall have all rights and privileges
granted by this chapter to any other party to such proceed-
[Title 78 RCW—page 31]
78.52.480
Title 78 RCW: Mines, Minerals, and Petroleum
ings. [1994 sp.s. c 9 § 849; 1983 c 253 § 28; 1951 c 146 §
51.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.490 Appeal—How taken. Within thirty days
after the application for a hearing is denied, or if the
application is granted, then within thirty days after the rendition of the decision on the hearing, the applicant may apply
to the superior court, at the petitioner’s option, for (a)
Thurston county, (b) the county of petitioner’s residence or
place of business, or (c) in any county where the property or
property rights owned by the petitioner is located for a
review of such rule, regulation, order, or decision. The
application for review shall be filed in the office of the clerk
of the superior court of Thurston county and shall specifically state the grounds for review upon which the
applicant relies and shall designate the rule, regulation, order,
or decision sought to be reviewed. The applicant shall
immediately serve a certified copy of said application upon
the commissioner of public lands who shall immediately
notify all parties who appeared in the proceedings before the
department that such application for review has been filed.
In the event the court determines the review is solely for the
purpose of determining the validity of a rule or regulation of
general applicability the court shall transfer venue to
Thurston county for a review of such rule or regulation in
the manner provided for in RCW 34.05.570. [1994 sp.s. c
9 § 850; 1983 c 253 § 32; 1951 c 146 § 52.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
substituted for the person who brought the suit, and the
injunction shall be issued as if the state had at all times been
the complainant. [1994 sp.s. c 9 § 852; 1951 c 146 § 57.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.52.550 Violations—Penalty. Every person who
shall violate or knowingly aid and abet the violation of this
chapter or any valid orders, rules and regulations issued
thereunder, or who fails to perform any act which is herein
made his duty to perform, shall be guilty of a gross misdemeanor. [1951 c 146 § 58.]
78.52.900 Short title. This chapter shall be known as
the "Oil and Gas Conservation Act." [1951 c 146 § 2.]
78.52.910 Construction—1951 c 146. It is intended
that the provisions of this chapter shall be liberally construed
to accomplish the purposes authorized and provided for, or
intended to be provided for by this chapter. [1951 c 146 §
59.]
78.52.920 Severability—1951 c 146. If any part or
parts of this chapter, or the application thereof to any person
or circumstances be held to be unconstitutional, such
invalidity shall not affect the validity of the remaining
portions of this chapter, or the application thereof to other
persons or circumstances. The legislature hereby declares
that it would have passed the remaining parts of this chapter
if it had known that said invalid part or parts thereof would
be declared unconstitutional. [1951 c 146 § 60.]
78.52.530 Violations—Injunctions. Whenever it shall
appear that any person is violating any provisions of this
chapter, or any rule, regulation, or order made by the
department under this chapter, and if the department cannot,
without litigation, effectively prevent further violation, the
department may bring suit in the name of the state against
such person in the superior court in the county of the
residence of the defendant, or in the county of the residence
of any defendant if there be more than one defendant, or in
the county where the violation is alleged to have occurred,
to restrain such person from continuing such violation. In
such suit the department may without bond obtain injunctions prohibitory and mandatory, including temporary
restraining orders and preliminary injunctions, as the facts
may warrant. [1994 sp.s. c 9 § 851; 1951 c 146 § 56.]
Sections
78.56.010
78.56.020
78.56.030
78.56.040
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
78.56.050
78.52.540 Violations—Injunctions by private party.
If the department fails to bring suit within thirty days to
enjoin any apparent violation of this chapter, or of any rule,
regulation, or order made by the department under this
chapter, then any person or party in interest adversely affected by such violation, who has requested the department in
writing to sue, may, to prevent any or further violation, bring
suit for that purpose in the superior court of any county
where the department could have instituted such suit. If, in
such suit, the court should hold that injunctive relief should
be granted, then the state shall be made a party and shall be
[Title 78 RCW—page 32]
78.52.921 Severability—1983 c 253. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 253 § 34.]
Chapter 78.56
METALS MINING AND MILLING OPERATIONS
78.56.060
78.56.070
78.56.080
78.56.090
78.56.100
Intent.
Definitions.
Operations subject to this chapter and other requirements.
Disclosures required with state environmental policy act
checklist—Public inspection of information.
Environmental impact statement required—Mitigation measures to be part of permit requirements—Department of
ecology to cooperate with affected local governments.
Metals mining coordinator to be appointed—Duties.
Quarterly inspections by responsible state agencies required—Cross-training and coordination of inspections
encouraged.
Metals mining account—Estimate of costs by department of
ecology and department of natural resources—Fee on
operations to be established by department of ecology.
Initial waste discharge permits for tailings facilities—Siting
criteria—Primary screening process—Technical site
investigation—Site selection report.
Waste discharge permits for metals mining and milling operations tailing facilities—Pollution control standards—
Waste rock management plan—Citizen observation and
(2002 Ed.)
Metals Mining and Milling Operations
78.56.110
78.56.120
78.56.130
78.56.140
78.56.150
78.56.160
78.56.900
78.56.901
78.56.902
verification of water samples—Voluntary reduction
plan—Application of this section.
Performance security required—Conditions—Department of
ecology authority to adopt requirements—Liability under
performance security.
Remediation or mitigation by department of ecology—Order
to submit performance security.
Legislative finding—Impact analysis required for large-scale
operations—Impact fees by county legislative authority—Application of this section—Application of chapter
82.02 RCW.
Citizen action suits.
Application of requirements to milling facilities not adjacent
to mining operation.
Moratorium on use of heap leach extraction process—Joint
review by department of ecology and department of
natural resources—Permanent prohibition of in situ
extraction.
Severability—1994 c 232.
Effective date—1994 c 232 §§ 1-5, 9-17, and 23-29.
Effective date—1994 c 232 §§ 6-8 and 18-22.
78.56.010 Intent. It is in the best interests of the
citizens of the state of Washington to insure the highest
degree of environmental protection while allowing the proper
development and use of its natural resources, including its
mineral resources. Metals mining can have significant positive and adverse impacts on the state and on local communities. The purpose of this chapter is to assure that metals
mineral mining or milling operations are designed, constructed, and operated in a manner that promotes both economic
opportunities and environmental and public health safeguards
for the citizens of the state. It is the intent of the legislature
to create a regulatory framework which yields, to the
greatest extent possible, a metals mining industry that is
compatible with these policies. [1994 c 232 § 1.]
78.56.020 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Metals mining and milling operation" means a
mining operation extracting from the earth precious or base
metal ore and processing the ore by treatment or concentration in a milling facility. It also refers to an expansion of an
existing operation or any new metals mining operation if the
expansion or new mining operation is likely to result in a
significant, adverse environmental impact pursuant to the
provisions of chapter 43.21C RCW. The extraction of
dolomite, sand, gravel, aggregate, limestone, magnesite,
silica rock, and zeolite or other nonmetallic minerals; and
placer mining; and the smelting of aluminum are not metals
mining and milling operations regulated under this chapter.
(2) "Milling" means the process of grinding or crushing
ore and extracting the base or precious metal by chemical
solution, electro winning, or flotation processes.
(3) "Heap leach extraction process" means the process
of extracting base or precious metal ore by percolating
solutions through ore in an open system and includes
reprocessing of previously milled ore. The heap leach
extraction process does not include leaching in a vat or tank.
(4) "In situ extraction" means the process of dissolving
base or precious metals from their natural place in the
geological setting and retrieving the solutions from which
metals can be recovered.
(5) "Regulated substances" means any materials regulated under a waste discharge permit pursuant to the require(2002 Ed.)
Chapter 78.56
ments of chapter 90.48 RCW and/or a permit issued pursuant
to chapter 70.94 RCW.
(6) "To mitigate" means: (a) To avoid the adverse
impact altogether by not taking a certain action or parts of
an action; (b) to minimize adverse impacts by limiting the
degree or magnitude of the action and its implementation, by
using appropriate technology or by taking affirmative steps
to avoid or reduce impacts; (c) to rectify adverse impacts by
repairing, rehabilitating, or restoring the affected environment; (d) to reduce or eliminate adverse impacts over time
by preservation and maintenance operations during the life
of the action; (e) to compensate for the impact by replacing,
enhancing, or providing substitute resources or environments;
or (f) to monitor the adverse impact and take appropriate
corrective measures. [1994 c 232 § 2.]
78.56.030 Operations subject to this chapter and
other requirements. Metals mining and milling operations
are subject to the requirements of this chapter in addition to
the requirements established in other statutes and rules.
[1994 c 232 § 3.]
78.56.040 Disclosures required with state environmental policy act checklist—Public inspection of information. The department of ecology shall require each applicant
submitting a checklist pursuant to chapter 43.21C RCW for
a metals mining and milling operation to disclose the
ownership and each controlling interest in the proposed
operation. The applicant shall also disclose all other mining
operations within the United States which the applicant
operates or in which the applicant has an ownership or
controlling interest. In addition, the applicant shall disclose
and may enumerate and describe the circumstances of: (1)
Any past or present bankruptcies involving the ownerships
and their subsidiaries, (2) any abandonment of sites regulated
by the model toxics control act, chapter 70.105D RCW, or
other similar state remedial cleanup programs, or the federal
comprehensive environmental response, compensation, and
liability act, 42 U.S.C. Sec. 9601 et seq., as amended, (3)
any penalties in excess of ten thousand dollars assessed for
violations of the provisions of 33 U.S.C. Sec. 1251 et seq.
or 42 U.S.C. Sec. 7401 et seq., and (4) any previous forfeitures of financial assurance due to noncompliance with
reclamation or remediation requirements. This information
shall be available for public inspection and copying at the
department of ecology. Ownership or control of less than
ten percent of the stock of a corporation shall not by itself
constitute ownership or a controlling interest under this
section. [1994 c 232 § 4.]
78.56.050 Environmental impact statement required—Mitigation measures to be part of permit
requirements—Department of ecology to cooperate with
affected local governments. (1) An environmental impact
statement must be prepared for any proposed metals mining
and milling operation. The department of ecology shall be
the lead agency in coordinating the environmental review
process under chapter 43.21C RCW and in preparing the
environmental impact statement, except for uranium and
thorium operations regulated under Title 70 RCW.
[Title 78 RCW—page 33]
78.56.050
Title 78 RCW: Mines, Minerals, and Petroleum
(2) As part of the environmental review of metals
mining and milling operations regulated under this chapter,
the applicant shall provide baseline data adequate to document the premining conditions at the proposed site of the
metals mining and milling operation. The baseline data shall
contain information on the elements of the natural environment identified in rules adopted pursuant to chapter 43.21C
RCW.
(3) The department of ecology, after consultation with
the department of fish and wildlife, shall incorporate
measures to mitigate significant probable adverse impacts to
fish and wildlife as part of the department of ecology’s
permit requirements for the proposed operation.
(4) In conducting the environmental review and preparing the environmental impact statement, the department of
ecology shall cooperate with all affected local governments
to the fullest extent practicable. [1994 c 232 § 5.]
78.56.060 Metals mining coordinator to be appointed—Duties. The department of ecology will appoint a
metals mining coordinator. The coordinator will maintain
current information on the status of any metals mining and
milling operation regulated under this chapter from the
preparation of the environmental impact statement through
the permitting, construction, operation, and reclamation
phases of the project or until the proposal is no longer
active. The coordinator shall also maintain current information on postclosure activities. The coordinator will act as a
contact person for the applicant, the operator, and interested
members of the public. The coordinator may also assist
agencies with coordination of their inspection and monitoring
responsibilities. [1994 c 232 § 6.]
78.56.070 Quarterly inspections by responsible state
agencies required—Cross-training and coordination of
inspections encouraged. (1) State agencies with the responsibility for inspecting metals mining and milling operations
regulated under this chapter shall conduct such inspections
at least quarterly: PROVIDED, That the inspections are not
prevented by inclement weather conditions.
(2) The legislature encourages state agencies with
inspection responsibilities for metals mining and milling
operations regulated under this chapter to explore opportunities for cross-training of inspectors among state agencies and
programs. This cross-training would be for the purpose of
meeting the inspection responsibilities of these agencies in
a more efficient and cost-effective manner. If doing so
would be more efficient and cost-effective, state agency
inspectors are also encouraged to coordinate inspections with
federal and local government inspectors as well as with one
another. [1994 c 232 § 7.]
78.56.080 Metals mining account—Estimate of costs
by department of ecology and department of natural
resources—Fee on operations to be established by department of ecology. (1) The metals mining account is created
in the state treasury. Expenditures from this account are
subject to appropriation. Expenditures from this account
may only be used for: (a) The additional inspections of metals mining and milling operations required by RCW
[Title 78 RCW—page 34]
78.56.070 and (b) the metals mining coordinator established
in RCW 78.56.060.
(2)(a) As part of its normal budget development process
and in consultation with the metals mining industry, the
department of ecology shall estimate the costs required for
the department to meet its obligations for the additional
inspections of metals mining and milling operations required
by chapter 232, Laws of 1994. The department shall also
estimate the cost of employing the metals mining coordinator
established in RCW 78.56.060.
(b) As part of its normal budget development process
and in consultation with the metals mining industry, the
department of natural resources shall estimate the costs
required for the department to meet its obligations for the
additional inspections of metals mining and milling operations required by chapter 232, Laws of 1994.
(3) Based on the cost estimates generated by the
department of ecology and the department of natural resources, the department of ecology shall establish the amount of
a fee to be paid by each active metals mining and milling
operation regulated under this chapter. The fee shall be
established at a level to fully recover the direct and indirect
costs of the agency responsibilities identified in subsection
(2) of this section. The amount of the fee for each operation
shall be proportional to the number of visits required per
site. Each applicant for a metals mining and milling
operation shall also be assessed the fee based on the same
criterion. The department of ecology may adjust the fees
established in this subsection if unanticipated activity in the
industry increases or decreases the amount of funding necessary to meet agencies’ inspection responsibilities.
(4) The department of ecology shall collect the fees
established in subsection (3) of this section. All moneys
from these fees shall be deposited into the metals mining
account. [1997 c 170 § 1; 1994 c 232 § 8.]
Effective date—1997 c 170: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 170 § 2.]
78.56.090 Initial waste discharge permits for
tailings facilities—Siting criteria—Primary screening
process—Technical site investigation—Site selection report. (1) In the processing of an application for an initial
waste discharge permit for a tailings facility pursuant to the
requirements of chapter 90.48 RCW, the department of
ecology shall consider site-specific criteria in determining a
preferred location of tailings facilities of metals mining and
milling operations and incorporate the requirements of all
known available and reasonable methods in order to maintain
the highest possible standards to insure the purity of all
waters of the state in accordance with the public policy
identified by RCW 90.48.010.
In implementing the siting criteria, the department shall
take into account the objectives of the proponent’s application relating to mining and milling operations. These
objectives shall consist of, but not be limited to (a) operational feasibility, (b) compatibility with optimum tailings
placement methods, (c) adequate volume capacity, (d)
availability of construction materials, and (e) an optimized
embankment volume.
(2002 Ed.)
Metals Mining and Milling Operations
(2) To meet the mandate of subsection (1) of this
section, siting of tailings facilities shall be accomplished
through a two-stage process that consists of a primary
alternatives screening phase, and a secondary technical site
investigation phase.
(3) The primary screening phase will consist of, but not
be limited to, siting criteria based on considerations as to
location as follows:
(a) Proximity to the one hundred year flood plain, as
indicated in the most recent federal emergency management
agency maps;
(b) Proximity to surface and ground water;
(c) Topographic setting;
(d) Identifiable adverse geologic conditions, such as
landslides and active faults; and
(e) Visibility impacts of the public generally and
residents more particularly.
(4) The department of ecology, through the primary
screening process, shall reduce the available tailings facility
sites to one or more feasible locations whereupon a technical
site investigation phase shall be conducted by the department
for the purpose of verifying the adequacy of the remaining
potential sites. The technical site investigations phase shall
consist of, but not be limited to, the following:
(a) Soil characteristics;
(b) Hydrologic characteristics;
(c) A local and structural geology evaluation, including
seismic conditions and related geotechnical investigations;
(d) A surface water control analysis; and
(e) A slope stability analysis.
(5) Upon completion of the two phase evaluation
process set forth in this section, the department of ecology
shall issue a site selection report on the preferred location.
This report shall address the above criteria as well as analyze
the feasibility of reclamation and stabilization of the tailings
facility. The siting report may recommend mitigation or
engineering factors to address siting concerns. The report
shall be developed in conjunction with the preparation of and
contained in an environmental impact statement prepared
pursuant to chapter 43.21C RCW. The report may be
utilized by the department of ecology for the purpose of providing information related to the suitability of the site and
for ruling on an application for a waste discharge permit.
(6) The department of ecology may, at its discretion,
require the applicant to provide the information required in
either phase one or phase two as described in subsections (3)
and (4) of this section. [1994 c 232 § 9.]
78.56.100 Waste discharge permits for metals
mining and milling operations tailing facilities—Pollution
control standards—Waste rock management plan—
Citizen observation and verification of water samples—
Voluntary reduction plan—Application of this section.
(1) In order to receive a waste discharge permit from the
department of ecology pursuant to the requirements of
chapter 90.48 RCW or in order to operate a metals mining
and milling tailing facility, an applicant proposing a metals
mining and milling operation regulated under this chapter
must meet the following additional requirements:
(2002 Ed.)
78.56.090
(a) Any tailings facility shall be designed and operated
to prevent the release of pollution and must meet the
following standards:
(i) Operators shall apply all known available and
reasonable technology to limit the concentration of potentially toxic materials in the tailings facility to assure the
protection of wildlife and human health;
(ii) The tailings facility shall have a containment system
that includes an engineered liner system, leak detection and
leak collection elements, and a seepage collection impoundment to assure that a leak of any regulated substance under
chapter 90.48 RCW will be detected before escaping from
the containment system. The design and management of the
facility must ensure that any leaks from the tailings facility
are detected in a manner which allows for remediation
pursuant to chapter 90.48 RCW. The applicant shall prepare
a detailed engineering report setting forth the facility design
and construction. The applicant shall submit the report to
the department of ecology for its review and approval of a
design as determined by the department. Natural conditions,
such as depth to ground water or net rainfall, shall be taken
into account in the facility design, but not in lieu of the
protection required by the engineered liner system;
(iii) The toxicity of mine or mill tailings and the
potential for long-term release of regulated substances from
mine or mill tailings shall be reduced to the greatest extent
practicable through stabilization, removal, or reuse of the
substances; and
(iv) The closure of the tailings facility shall provide for
isolation or containment of potentially toxic materials and
shall be designed to prevent future release of regulated
substances contained in the impoundment;
(b) The applicant must develop a waste rock management plan approved by the department of ecology and the
department of natural resources which emphasizes pollution
prevention. At a minimum, the plan must contain the
following elements:
(i) An accurate identification of the acid generating
properties of the waste rock;
(ii) A strategy for encapsulating potentially toxic
material from the environment, when appropriate, in order to
prevent the release of heavy metals and acidic drainage; and
(iii) A plan for reclaiming and closing waste rock sites
which minimizes infiltration of precipitation and runoff into
the waste rock and which is designed to prevent future
releases of regulated substances contained within the waste
rock;
(c) If an interested citizen or citizen group so requests
of the department of ecology, the metals mining and milling
operator or applicant shall work with the department of
ecology and the interested party to make arrangements for
citizen observation and verification in the taking of required
water samples. While it is the intent of this subsection to
provide for citizen observation and verification of water
sampling activities, it is not the intent of this subsection to
require additional water sampling and analysis on the part of
the mining and milling operation or the department. The
citizen observation and verification program shall be incorporated into the applicant’s, operator’s, or department’s
normal sampling regimen and shall occur at least once every
six months. There is no duty of care on the part of the state
or its employees to any person who participates in the citizen
[Title 78 RCW—page 35]
78.56.100
Title 78 RCW: Mines, Minerals, and Petroleum
observation and verification of water sampling under chapter
232, Laws of 1994 and the state and its employees shall be
immune from any civil lawsuit based on any injuries to or
claims made by any person as a result of that person’s
participation in such observation and verification of water
sampling activities. The metals mining and milling operator
or applicant shall not be liable for any injuries to or claims
made by any person which result from that person coming
onto the property of the metals mining and milling operator
or applicant as an observer pursuant to chapter 232, Laws of
1994. The results from these and all other relevant water
sampling activities shall be kept on file with the relevant
county and shall be available for public inspection during
normal working hours; and
(d) An operator or applicant for a metals mining and
milling operation must complete a voluntary reduction plan
in accordance with RCW 70.95C.200.
(2) Only those tailings facilities constructed after April
1, 1994, must meet the requirement established in subsection
(1)(a) of this section. Only those waste rock holdings
constructed after April 1, 1994, must meet the requirement
established in subsection (1)(b) of this section. [1994 c 232
§ 10.]
78.56.110 Performance security required—
Conditions—Department of ecology authority to adopt
requirements—Liability under performance security. (1)
The department of ecology shall not issue necessary permits
to an applicant for a metals mining and milling operation
until the applicant has deposited with the department of
ecology a performance security which is acceptable to the
department of ecology based on the requirements of subsection (2) of this section. This performance security may be:
(a) Bank letters of credit;
(b) A cash deposit;
(c) Negotiable securities;
(d) An assignment of a savings account;
(e) A savings certificate in a Washington bank; or
(f) A corporate surety bond executed in favor of the
department of ecology by a corporation authorized to do
business in the state of Washington under Title 48 RCW.
The department of ecology may, for any reason, refuse
any performance security not deemed adequate.
(2) The performance security shall be conditioned on the
faithful performance of the applicant or operator in meeting
the following obligations:
(a) Compliance with the environmental protection laws
of the state of Washington administered by the department
of ecology, or permit conditions administered by the department of ecology, associated with the construction, operation,
and closure pertaining to metals mining and milling operations, and with the related environmental protection ordinances and permit conditions established by local government when requested by local government;
(b) Reclamation of metals mining and milling operations
that do not meet the threshold of surface mining as defined
by RCW 78.44.031(17);
(c) Postclosure environmental monitoring as determined
by the department of ecology; and
[Title 78 RCW—page 36]
(d) Provision of sufficient funding as determined by the
department of ecology for cleanup of potential problems
revealed during or after closure.
(3) The department of ecology may, if it deems appropriate, adopt rules for determining the amount of the
performance security, requirements for the performance
security, requirements for the issuer of the performance
security, and any other requirements necessary for the
implementation of this section.
(4) The department of ecology may increase or decrease
the amount of the performance security at any time to
compensate for any alteration in the operation that affects
meeting the obligations in subsection (2) of this section. At
a minimum, the department shall review the adequacy of the
performance security every two years.
(5) Liability under the performance security shall be
maintained until the obligations in subsection (2) of this
section are met to the satisfaction of the department of
ecology. Liability under the performance security may be
released only upon written notification by the department of
ecology.
(6) Any interest or appreciation on the performance
security shall be held by the department of ecology until the
obligations in subsection (2) of this section have been met to
the satisfaction of the department of ecology. At such time,
the interest shall be remitted to the applicant or operator.
However, if the applicant or operator fails to comply with
the obligations of subsection (2) of this section, the interest
or appreciation may be used by the department of ecology to
comply with the obligations.
(7) Only one agency may require a performance security
to satisfy the deposit requirements of RCW 78.44.087, and
only one agency may require a performance security to
satisfy the deposit requirements of this section. However, a
single performance security, when acceptable to both the
department of ecology and the department of natural resources, may be utilized by both agencies to satisfy the requirements of this section and RCW 78.44.087. [1995 c 223 § 1;
1994 c 232 § 11.]
78.56.120 Remediation or mitigation by department
of ecology—Order to submit performance security. The
department of ecology may, with staff, equipment, and
material under its control, or by contract with others,
remediate or mitigate any impact of a metals mining and
milling operation when it finds that the operator or permit
holder has failed to comply with relevant statutes, rules, or
permits, and the operator or permit holder has failed to take
adequate or timely action to rectify these impacts.
If the department intends to remediate or mitigate such
impacts, the department shall issue an order to submit
performance security requiring the permit holder or surety to
submit to the department the amount of moneys posted
pursuant to RCW 78.56.110. If the amount specified in the
order to submit performance security is not paid within
twenty days after issuance of the notice, the attorney general
upon request of the department shall bring an action on behalf of the state in a superior court to recover the amount
specified and associated legal fees.
(2002 Ed.)
Metals Mining and Milling Operations
The department may proceed at any time after issuing
the order to submit performance security to remediate or
mitigate adverse impacts.
The department shall keep a record of all expenses
incurred in carrying out any remediation or mitigation
activities authorized under this section, including:
(1) Remediation or mitigation;
(2) A reasonable charge for the services performed by
the state’s personnel and the state’s equipment and materials
utilized; and
(3) Administrative and legal expenses related to
remediation or mitigation.
The department shall refund to the surety or permit
holder all amounts received in excess of the amount of
expenses incurred. If the amount received is less than the
expenses incurred, the attorney general, upon request of the
department of ecology, may bring an action against the
permit holder on behalf of the state in the superior court to
recover the remaining costs listed in this section. [1995 c
223 § 2; 1994 c 232 § 12.]
78.56.130 Legislative finding—Impact analysis
required for large-scale operations—Impact fees by
county legislative authority—Application of this section—
Application of chapter 82.02 RCW. (1) The legislature
finds that the construction and operation of large-scale
metals mining and milling facilities may create new job
opportunities and enhance local tax revenues. However, the
legislature also finds that such operations may also result in
new demands on public facilities owned and operated by
local government entities, such as public streets and roads;
publicly owned parks, open space, and recreation facilities;
school facilities; and fire protection facilities in jurisdictions
that are not part of a fire district. It is important for these
economic impacts to be identified as part of any proposal for
a large-scale metals mining and milling operation. It is then
appropriate for the county legislative authority to balance
expected revenues, including revenues derived from taxes
paid by the owner of such an operation, and costs associated
with the operation to determine to what degree any new
costs require mitigation by the metals mining applicant.
(2) An applicant for a large-scale metals mining and
milling operation regulated under this chapter must submit
to the relevant county legislative authority an impact analysis
describing the economic impact of the proposed mining
operation on local governmental units. For the purposes of
this section, a metals mining operation is large-scale if, in
the construction or operation of the mine and the associated
milling facility, the applicant and contractors at the site
employ more than thirty-five persons during any consecutive
six-month period. The relevant county is the county in
which the mine and mill are to be sited, unless the economic
impacts to local governmental units are projected to substantially affect more than one county. In that case, the impact
plan must be submitted to the legislative authority of all
affected counties. Local governmental units include counties, cities, towns, school districts, and special purpose districts.
(3) The economic impact analysis shall include at least
the following information:
(2002 Ed.)
78.56.120
(a) A timetable for development of the mining operation, including the opening date of the operation and the
estimated closing date;
(b) The estimated number of persons coming into the
impacted area as a result of the development of the mining
operation;
(c) An estimate of the increased capital and operating
costs to local governmental units for providing services
necessary as a result of the development of the mining
operation; and
(d) An estimate of the increased tax or other revenues
accruing to local governmental units as a result of development of the mining and milling operation.
(4) The county legislative authority of a county planning
under chapter 36.70A RCW may assess impact fees under
chapter 82.02 RCW to address economic impacts associated
with development of the mining operation. The county
legislative authority shall hold at least one public hearing on
the economic impact analysis and any proposed mitigation
measures.
(5) The county legislative authority of a county which
is not planning under chapter 36.70A RCW may negotiate
with the applicant on a strategy to address economic impacts
associated with development of the mining operation. The
county legislative authority shall hold at least one public
hearing on the economic impact analysis and any proposed
mitigation measures.
(6) The county legislative authority must approve or
disapprove the impact analysis and any associated proposals
from the applicant to address economic impacts to local
governmental units resulting from development of the mining
operation. If the applicant does not submit an adequate
impact analysis to the relevant county legislative authority or
if the county legislative authority does not find the
applicant’s proposals to be acceptable because of their failure
to adequately mitigate adverse economic impacts, the county
legislative authority shall refuse to issue any permits under
its jurisdiction necessary for the construction or operation of
the mine and associated mill.
(7) The requirements established in this section apply to
metals mining operations under construction or constructed
after April 1, 1994.
(8) The provisions of chapter 82.02 RCW shall apply to
new mining and milling operations. [1994 c 232 § 13.]
78.56.140 Citizen action suits. (1) Except as provided in subsections (2) and (5) of this section, any aggrieved
person may commence a civil action on his or her own
behalf:
(a) Against any person, including any state agency or
local government agency, who is alleged to be in violation
of a law, rule, order, or permit pertaining to metals mining
and milling operations regulated under chapter 232, Laws of
1994;
(b) Against a state agency if there is alleged a failure of
the agency to perform any nondiscretionary act or duty under
state laws pertaining to metals mining and milling operations; or
(c) Against any person who constructs a metals mining
and milling operation without the permits and authorizations
required by state law.
[Title 78 RCW—page 37]
78.56.140
Title 78 RCW: Mines, Minerals, and Petroleum
The superior courts shall have jurisdiction to enforce
metals mining laws, rules, orders, and permit conditions, or
to order the state to perform such act or duty, as the case
may be. In addition to injunctive relief, a superior court
may award a civil penalty when deemed appropriate in an
amount not to exceed ten thousand dollars per violation per
day, payable to the state of Washington.
(2) No action may be commenced:
(a) Under subsection (1)(a) of this section:
(i) Prior to sixty days after the plaintiff has given notice
of the alleged violation to the state, and to any alleged
violator of a metals mining and milling law, rule, order, or
permit condition; or
(ii) If the state has commenced and is diligently prosecuting a civil action in a court of the state or of the United
States or is diligently pursuing authorized administrative
enforcement action to require compliance with the law, rule,
order, or permit. To preclude a civil action, the enforcement
action must contain specific, aggressive, and enforceable
timelines for compliance and must provide for public notice
of and reasonable opportunity for public comment on the
enforcement action. In any such court action, any aggrieved
person may intervene as a matter of right; or
(b) Under subsection (1)(b) of this section prior to sixty
days after the plaintiff has given notice of such action to the
state.
(3)(a) Any action respecting a violation of a law, rule,
order, or permit condition pertaining to metals mining and
milling operations may be brought in the judicial district in
which such operation is located or proposed.
(b) In such action under this section, the state, if not a
party, may intervene as a matter of right.
(4) The court, in issuing any final order in any action
brought pursuant to subsection (1) of this section, may award
costs of litigation, including reasonable attorney and expert
witness fees, to any prevailing party, wherever the court
determines such award is appropriate. The court may, if a
temporary restraining order or preliminary injunction is
sought, require the filing of a bond or equivalent security in
accordance with the rules of civil procedure.
(5) A civil action to enforce compliance with a law,
rule, order, or permit may not be brought under this section
if any other statute, or the common law, provides authority
for the plaintiff to bring a civil action and, in such action,
obtain the same relief, as authorized under this section, for
enforcement of such law, rule, order, or permit. Nothing in
this section restricts any right which any person, or class of
persons, may have under any statute or common law to seek
any relief, including relief against the state or a state agency.
[1994 c 232 § 14.]
metals milling operation under this section. [1994 c 232 §
15.]
78.56.160 Moratorium on use of heap leach extraction process—Joint review by department of ecology and
department of natural resources—Permanent prohibition
of in situ extraction. (1) Until June 30, 1996, there shall be
a moratorium on metals mining and milling operations using
the heap leach extraction process. The department of natural
resources and the department of ecology shall jointly review
the existing laws and regulations pertaining to the heap leach
extraction process for their adequacy in safeguarding the
environment.
(2) Metals mining using the process of in situ extraction
is permanently prohibited in the state of Washington. [1998
c 245 § 161; 1994 c 232 § 16.]
78.56.900 Severability—1994 c 232. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1994 c 232 § 29.]
78.56.901 Effective date—1994 c 232 §§ 1-5, 9-17,
and 23-29. This act is necessary for the immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and,
with the exception of sections 6 through 8 and 18 through 22
of this act, shall take effect immediately [April 1, 1994].
[1994 c 232 § 30.]
78.56.902 Effective date—1994 c 232 §§ 6-8 and 1822. Sections 6 through 8 and 18 through 22 of this act shall
take effect July 1, 1995. [1994 c 232 § 31.]
78.56.150 Application of requirements to milling
facilities not adjacent to mining operation. A milling
facility which is not adjacent to or in the vicinity of the
metals mining operation producing the ore to be milled and
which processes precious or base metal ore by treatment or
concentration is subject to the provisions of RCW 78.56.010
through 78.56.090, 78.56.100(1) (a), (c), and (d), 78.56.110
through 78.56.140, 70.94.620, and 70.105.300 and chapters
70.94, 70.105, 90.03, and 90.48 RCW and all other applicable laws. The smelting of aluminum does not constitute a
[Title 78 RCW—page 38]
(2002 Ed.)
Title 79
PUBLIC LANDS
Chapters
79.01 Public lands act.
79.08 General provisions.
79.12 Sales and leases of public lands and materials.
79.14 Oil and gas leases on state lands.
79.24 Capitol building lands.
79.28 Lieu lands.
79.36 Easements over public lands.
79.38 Access roads.
79.40 Trespass.
79.44 Assessments and charges against state lands.
79.60 Sustained yield cooperative agreements.
79.64 Funds for managing and administering lands.
79.66 Land bank.
79.68 Multiple use concept in management and
administration of state-owned lands.
79.70 Natural area preserves.
79.71 Washington natural resources conservation
areas.
79.76 Geothermal resources.
79.81 Marine plastic debris.
79.90 Aquatic lands—In general.
79.91 Aquatic lands—Easements and rights of way.
79.92 Aquatic lands—Harbor areas.
79.93 Aquatic lands—Waterways and streets.
79.94 Aquatic lands—Tidelands and shorelands.
79.95 Aquatic lands—Beds of navigable waters.
79.96 Aquatic lands—Oysters, geoducks, shellfish,
and other aquacultural uses.
79.100 Derelict vessels.
Access to state timber: Chapter 76.16 RCW.
Acquisition, disposition of state highway property: Chapter 47.12 RCW.
Bridges, obstructions in navigable waters: Chapter 88.28 RCW.
Commissioner of public lands: State Constitution Art. 3 §§ 23, 25; chapter
43.12 RCW.
Compact with the United States: State Constitution Art. 26.
Contracts with United States as to highway property: Chapter 47.08 RCW.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
County lands, generally: Chapter 36.34 RCW.
Diking and drainage, improvement districts, benefit to public land: RCW
85.08.370.
Donation law, conflicting claims: RCW 7.28.280.
Ejectment, quiet title: Chapter 7.28 RCW.
Eminent domain: State Constitution Art. 1 § 16.
Eminent domain by state: Chapter 8.04 RCW.
Extensions of streets over tidelands: State Constitution Art. 15 § 3.
Facilitating recovery from Mt. St. Helens eruption—Scope of state agency
action: RCW 43.01.210.
Federal areas, jurisdiction: Chapters 37.04 and 37.08 RCW.
Federal funds for forest management: RCW 76.01.040, 76.01.050.
Firewood on state lands: Chapter 76.20 RCW.
Flood control districts may include public lands: Chapter 86.09 RCW.
(2002 Ed.)
Forest roads, county: RCW 36.82.140.
Funds for the support of common schools, source: State Constitution Art.
9 § 3.
Governmental lands, exemption from taxation: State Constitution Art. 7 §
1.
Harbor line commission: State Constitution Art. 15 § 1.
Harbor lines, relocation: RCW 79.92.020.
Improvement district, benefit to public land: RCW 85.08.370.
Indians and Indian lands: Chapter 37.12 RCW.
Infractions: Chapter 7.84 RCW.
Insect pests and plant diseases: Chapter 17.24 RCW.
Intergovernmental disposition of property: Chapter 39.33 RCW.
Irrigation districts may include public land: Chapter 87.03 RCW.
Land inspectors: Chapter 79.01 RCW.
Lease of unnecessary lands by director of agriculture: RCW 15.04.090.
Leases of public lands for underground storage of natural gas: RCW
80.40.060.
Marine recreation land act: Chapter 79A.25 RCW.
Oil and gas unit plan, participation of public lands: RCW 78.52.450.
Parks and recreation: Chapter 79A.05 RCW.
Permanent school fund, investment: State Constitution Art. 16 § 5.
Pest districts may include public lands: Chapter 17.12 RCW.
Public lands, authority of United States over certain areas: State Constitution Art. 25 § 1.
Public shooting grounds: Chapter 77.12 RCW.
Public waterways may include public lands: Chapter 91.08 RCW.
Reclamation by state: Chapter 89.16 RCW.
Reclamation districts
may include public lands: RCW 89.30.016.
right of way across state land: RCW 89.30.223.
Restraint on disposition of certain areas bordering harbor lines: State
Constitution Art. 15 § 1.
River, harbor improvements: Chapter 88.32 RCW.
Sale of other than state forest lands: RCW 76.01.010.
School and granted lands
amount offered, platting: State Constitution Art. 16 § 4.
disposition: State Constitution Art. 16 § 1.
limitations on sales: State Constitution Art. 16 § 3.
manner and terms of sale: State Constitution Art. 16 § 2.
State agency for surveys and maps: Chapter 58.24 RCW.
State boundaries: State Constitution Art. 24 § 1.
State lands subject to easements for removal of materials: RCW 79.01.312,
79.36.230.
Streets over tidelands: RCW 35.21.230 through 35.21.250.
Tidelands
declaration of state ownership: State Constitution Art. 17 § 1.
disclaimer of certain lands by state: State Constitution Art. 17 § 2.
Trespass: Chapter 64.12 RCW.
United States reclamation areas, state lands in: Chapter 89.12 RCW.
Use of state land for game purposes: RCW 77.12.360.
Washington coordinate system: Chapter 58.20 RCW.
Waste: Chapter 64.12 RCW.
Weed districts may include public lands: Chapter 17.04 RCW.
Wharves, docks, leasing and maintenance: State Constitution Art. 15 § 2.
[Title 79 RCW—page 1]
Title 79
Title 79 RCW: Public Lands
Wharves and landings: Chapter 88.24 RCW.
INDEX OF PUBLIC LAND ACTS OF SPECIAL OR
HISTORICAL NATURE NOT CODIFIED IN RCW
Subject
Year
Chapter
. . . . . . . . . . . . . . . . . . . 1901
1915
Adams County
. . . . . . . . . . . . . . 1941
1907
American Lake . . . . . . . . . . . . . . 1907
Auburn game farm, transfer to parks
and recreation commission . . . . . 1981
Barthen, Lenore . . . . . . . . . . . . . . . . 1951
Behme, C.R.
. . . . . . . . . . . . . . . . 1927
Bentley, W.C. . . . . . . . . . . . . . . . . 1921
1961
Benton County, state patrol land . . . . 1977
Benton County, University of
Washington land . . . . . . . . . . . . 1965
Benton County, WSU land . . . . . . . 1961
Blaine . . . . . . . . . . . . . . . . . . . . . . 1917
Bremerton . . . . . . . . . . . . . . . . . . . 1947
Camp Murray, conveyance for aerospace
science and modeling center . . . . 1969
Canyon Lakes
. . . . . . . . . . . . . . . 1986
⎧ 1893
⎪ 1893
⎪ 1901
⎪ 1909
⎪ 1911
Capitol Buildings . . . . . . . . . . . . . . ⎨ 1913
⎪ 1915
⎪ 1917
⎪ 1925
⎪ 1927
⎩ 1945
Capitol Place
. . . . . . . . . . . . . . . . 1937
Centralia . . . . . . . . . . . . . . . . . . . . 1949
Centralia, city of, easement for street . . 1963
Chehalis . . . . . . . . . . . . . . . . . . . . 1945
⎧ 1935
Chelan County
. . . . . . . . . . . . . . ⎨ 1935
⎩ 1935
Cheney . . . . . . . . . . . . . . . . . . . . . . 1949
Christenson, Ruby
. . . . . . . . . . . . 1935
⎧ 1931
Clallam County . . . . . . . . . . . . . . ⎨ 1941
⎩ 1945
Clallam County, county park purposes 1965
Clapp, Helen A. . . . . . . . . . . . . . . . 1941
Clark County, state school for the
deaf, conveyance of portion . . . 1969
Clark County, Whipple Creek,
exchange . . . . . . . . . . . . . . . . 1967
1919
Clarkston . . . . . . . . . . . . . . . . . . . 1957
1905
Columbia River . . . . . . . . . . . . . . 1915
1937
Colville . . . . . . . . . . . . . . . . . . . 1939
Commercial Trust Co. . . . . . . . . . . . 1907
141
78
211
191
197
Aberdeen
[Title 79 RCW—page 2]
ex.s.
ex.s.
ex.s.
ex.s.
ex.s.
ex.s.
49
59
247
38
59
191
5
76
144
207
85
7
831
138
45
20
592
50
191
167
27
225
47
160
38
81
124
50
52
53
35
51
92
94
207
51
121
62
219
75
148
28
145
86
144
197
Conconnully Lake, lake in Okanogan
County designated as . . . . . . . . . 1965
1915
Cowlitz County . . . . . . . . . . . . . . 1951
Cowlitz County, exchange of state
forest lands for lands adjacent
to Seaquest State Park
. . . . . . 1971 ex.s.
Deno, Louis . . . . . . . . . . . . . . . . . . 1931
Deschutes Basin . . . . . . . . . . . . . . . 1937
Deschutes Waterway . . . . . . . . . . . . 1939
Douglas County . . . . . . . . . . . . . . . 1941
Drainage Ditches . . . . . . . . . . . . . . . 1893
Eastern Washington College
1949
of Ed. . . . . . . . . . . . . . . . . . . 1959
Echo Glenn . . . . . . . . . . . . . . . . . . . 1986
Everett, Port . . . . . . . . . . . . . . . . . . 1943
Fairmont Cemetery Association . . . . 1939
Ferry County, Curlew . . . . . . . . . . . . 1917
Feureur, Louis . . . . . . . . . . . . . . . . 1901
Fircrest . . . . . . . . . . . . . . . . . . . . . . 1986
Fort Worden, department of
institutions land . . . . . . . . . . . . . 1965 ex.s.
Franklin County . . . . . . . . . . . . . . . . 1931
Game department, tidelands in
Clark County . . . . . . . . . . . . . 1959
Game Farm . . . . . . . . . . . . . . . . . . 1929
Grays Harbor County . . . . . . . . . . . . 1955
1913
Grays Harbor, Port
. . . . . . . . . . . 1957
⎧ 1935
⎪ 1935
Great Northern RR
. . . . . . . . . . . ⎨ 1935
⎪ 1939
⎩ 1941
Harbor lines at Anacortes,
Aberdeen, Hoquiam, Cosmopolis, ⎧ 1963
Bellingham, Port Angeles,
⎪ 1967 ex.s.
Renton, Lake Forest Park, . . . . ⎨ 1971 ex.s.
Seattle, Tacoma, Olympia,
⎪ 1972 ex.s.
Kalama, Bremerton, Port
⎪ 1977 ex.s.
Orchard, Vancouver, Port
⎩ 1979
Townsend, La Conner, Everett, relocation
Harbor lines in Lake Union, Salmon
Bay, Union Bay, Commencement
Bay, relocation . . . . . . . . . . . . . 1967 ex.s.
Hollingsworth, Howard C. . . . . . . . . 1949
Holman Waterway . . . . . . . . . . . . . . 1919
1919
Ilwaco . . . . . . . . . . . . . . . . . . . . . 1929
1947
Ilwaco, Port . . . . . . . . . . . . . . . . . 1957
Island County . . . . . . . . . . . . . . . . 1931
1941
Jefferson County . . . . . . . . . . . . . . 1941
Keystone Water Users Ass’n . . . . . . . 1915
⎧ 1933
⎪ 1933
King County . . . . . . . . . . . . . . . . . ⎨ 1935
⎪ 1935
⎪ 1939
⎩ 1945
King County, University of
Washington land . . . . . . . . . . . 1967 ex.s.
104
157
134
158
51
159
76
117
88
35
128
7
272
20
86
163
7
66
100
249
173
281
27
40
50
52
53
159
117
139
24
158
69
124
19
24
23
198
198
222
101
85
12
94
121
78
77
99
49
51
8
119
116
(2002 Ed.)
Public Lands
King County, unplatted tidelands deeded
to state board for community
college education; reversion . . . 1971 ex.s. 241
⎧ 1927
262
Kitsap County . . . . . . . . . . . . . . . ⎨ 1931
86
⎪ 1941
106
⎩ 1947
207
Kitsap County, sewer disposal plant
to county sewer district No. 5 . . . 1965 ex.s.
95
Kitsap County, Washington
Veterans’ Home land to
department of game . . . . . . . . . . 1965 ex.s.
94
Kitsap County, transfer of land from
state for recreational purposes . . . 1975 1st ex.s. 27
1945
185
Klickitat County . . . . . . . . . . . . . . 1951
73
La Conner . . . . . . . . . . . . . . . . . . . 1939
101
Lake Spokane, Long Lake
redesignated as . . . . . . . . . . . . . 1965
104
Lake Washington . . . . . . . . . . . . . . . 1911
94
1889-90
...
Land Commission . . . . . . . . . . . . . 1893
125
Lewis County, department of natural
resources, revesting Liberty
Bay, relocation of harbor lines . . 1961
22
⎧ 1919
44
Mason County
. . . . . . . . . . . . . . ⎨ 1935
104
⎩ 1949
132
Mason County, Cemetery District
No. 1, deeding of authorized
. . 1971 ex.s.
90
Mason County, exchange of forest
trust land . . . . . . . . . . . . . . . . . 1973
26
McCroskey, Milton P. . . . . . . . . . . . 1947
26
Medical Lake . . . . . . . . . . . . . . . . 1889-90
...
Military department, lands in Seattle
1959
181
Montesano . . . . . . . . . . . . . . . . . . . 1933 ex.s.
35
Mt. Spokane State Park . . . . . . . . . 1947
237
Mulinowski, A.M. . . . . . . . . . . . . . . 1955
281
Northern State Hospital at Sedro Woolley,
disposition of property . . . . . . . 1974 ex.s. 178
Okanogan County . . . . . . . . . . . . . . 1939
159
⎧ 1907
17
⎪ 1917
144
Olympia
. . . . . . . . . . . . . . . . . . ⎨ 1947
65
⎩ 1949
87
1949
96
Olympia, Port . . . . . . . . . . . . . . . 1953
92
Olympic National Park
. . . . . . . . . 1955
231
Olympic National Park, exchange
of standing timber for lands
. . 1963
53
Oregon-Wash. RR and Nav. Co. . . . 1931
50
Pacific Highway . . . . . . . . . . . . . . . 1929
215
Payne, J.H. . . . . . . . . . . . . . . . . . . 1935
49
Peninsula, Port . . . . . . . . . . . . . . . . 1953
283
People’s Water & Gas Co. . . . . . . . . 1937
163
⎧ 1917
31
Pierce County . . . . . . . . . . . . . . . ⎨ 1929
173
⎪ 1933
99
⎩ 1949
37
Port of Seattle . . . . . . . . . . . . . . . . . 1959
158
Port Orchard . . . . . . . . . . . . . . . . . . 1951
95
Port Townsend . . . . . . . . . . . . . . . 1907
117
Pullman . . . . . . . . . . . . . . . . . . . . . 1947
48
(2002 Ed.)
Riverside State Park . . .
Rohrbach, F.L. . . . . . .
Sager, Frank T. . . . . .
San Juan Island National
Park . . . . . . . . . .
Title 79
........
........
........
Historical
........
. . 1939
. . 1939
. . 1951
..
⎧
⎪
School Lands . . . . . . . . . . . . . . . ⎨
⎪
⎩
⎧
⎪
⎪
⎪
⎪
⎪
⎪
Seattle . . . . . . . . . . . . . . . . . . . . . ⎨
⎪
⎪
⎪
⎪
⎪
⎪
⎪
⎩
Skagit County . . . . . . . . . . . . . . . .
Skagit County port, conveyance of
tidelands to . . . . . . . . . . . . . . . .
Skagit County, sale or exchange of
University of Washington land . .
Skamania County . . . . . . . . . . . . . . .
Slininger, H.A. . . . . . . . . . . . . . . . .
⎧
Snohomish County . . . . . . . . . . . . . ⎨
⎩
Snohomish County, reconveyance,
county park . . . . . . . . . . . . . . .
Soap Lake . . . . . . . . . . . . . . . . . . .
⎧
Spokane
.................. ⎨
⎩
⎧
Spokane County . . . . . . . . . . . . . . ⎨
⎪
⎩
⎧
State Lands . . . . . . . . . . . . . . . . . . ⎨
⎪
⎩
State parks, Ike Kinswas State
Park—Recreation area . . . . . . . .
State parks, land in Douglas county . .
State parks, land on Whidbey Island .
State parks, Mayfield Lake State
Park, name changed . . . . . . . . .
State parks, Wallace Falls State Park .
State Timber . . . . . . . . . . . . . . . . .
State Training School . . . . . . . . .
Steilacoom . . . . . . . . . . . . . . . .
Strobach, Richard . . . . . . . . . .
Sunde, Olive
.............
Sunnyside Chamber of Commerce
.
.
.
.
.
.
.
.
.
.
.
.
.
19
19
59
1967
94
1883
...
1890
...
1917
46
1923
61
1939
129
1897
28
1905
76
1907
3
1909
30
1909
221
1913
59
1915
115
1925 ex.s. 127
1927
267
1929
177
1931
33
1939
77
1949
81
1957
81
1957
252
1981 1st ex.s. 1
1951
83
1969
127
1971 ex.s.
1937
1957
1909
1933
1937
228
91
118
126
90
7
1967
1949
1913
1937
1955
1921
1939
1943
1951
1909
1909
1921
1935
18
147
40
85
374
98
20
273
25
75
216
57
56
1971
1959
1959
50
72
63
1971
1965
1933
1941
1911
1931
1957
1929
1935
1959
50
146
106
135
27
94
131
201
51
180
[Title 79 RCW—page 3]
Title 79
1907
Tacoma . . . . . . . . . . . . . . . . . . . . 1907
Tacoma Scouts . . . . . . . . . . . . . . . 1935
Tidelands . . . . . . . . . . . . . . . . . . . . 1897
⎧ 1913
⎪ 1919
⎪ 1919
United States
. . . . . . . . . . . . . . . ⎨ 1931
⎪ 1937
⎪ 1945
⎩ 1955
⎧ 1891
⎪ 1893
University of Washington . . . . . . . ⎨ 1903
⎪ 1907
⎪ 1909
⎩ 1911
University of Washington,
R.H. Thomson expressway . . . . 1967
University of Washington, sale or
exchange of land in Skagit county 1971
Unplatted Ballard tidelands deeded
to state board for community
college education; reversion . . . 1971
⎧ 1901
Vancouver . . . . . . . . . . . . . . . . . . ⎨ 1909
⎪ 1933
⎩ 1937
Vancouver, Port
. . . . . . . . . . . . . . 1919
Varney-Sunnyside Packing Co. . . . . . 1955
1913
Walla Walla County . . . . . . . . . . . . 1955
Walla Walla County, department of
institutions land, conveyance of
1965
⎧ 1947
⎪ 1949
⎪ 1949
Washington State College . . . . . . . . ⎨ 1949
⎪ 1949
⎪ 1955
⎪ 1959
⎩ 1959
Washington State University,
exchanges, leases . . . . . . . . . . . . 1961
Washington State University, sale
or exchange of land in
Whitman county . . . . . . . . . . . . 1971
1909
Washington Veterans’ Home . . . . . . 1945
⎧ 1917
Wenatchee . . . . . . . . . . . . . . . . . . ⎨ 1947
⎩ 1955
1931
Whitman County . . . . . . . . . . . . . 1947
Whitman County, sale or exchange of
WSU land . . . . . . . . . . . . . . . 1971
⎧ 1961
⎪ 1963
Whitman County, WSU land . . . . . ⎨ 1965
⎪ 1967
⎪ 1967
⎩ 1969
Willapa Bay . . . . . . . . . . . . . . . . . . 1927
1931
Willapa-Grays Harbor Highway
. . 1933
[Title 79 RCW—page 4]
Title 79 RCW: Public Lands
16
123
104
27
68
51
161
86
91
79
231
125
122
91
3
30
94
116
ex.s.
ex.s.
ex.s.
228
241
88
95
42
163
68
130
141
376
115
48
23
24
25
207
261
59
89
76
ex.s.
ex.s.
ex.s.
ex.s.
228
183
79
17
43
359
50
26
228
76
78
90
116
78
28
231
25
121
Willapa Harbor, Port . . . .
Woodinville . . . . . . . . . .
Yakima County . . . . . . .
Yakima County, fairground
.
.
.
.
.
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.
.
.
.
.
1933
1986
1949
1955
19
7
207
257
1
Section 1 is codified as RCW 79.24.020; section 10 as RCW
79.24.090, repealed by 1959 c 257 § 48.
2
Section 9 is codified as RCW 79.24.040, repealed by 1959 c 257 §
48; section 10 as RCW 79.24.060; section 11 as RCW 79.24.070, repealed
by 1959 c 257 § 48; and section 12 as RCW 79.24.030.
Chapter 79.01
PUBLIC LANDS ACT
Sections
79.01.004
79.01.006
79.01.007
79.01.009
79.01.036
79.01.038
79.01.048
79.01.052
79.01.056
79.01.060
79.01.064
79.01.068
79.01.072
79.01.074
79.01.076
79.01.080
79.01.082
79.01.084
79.01.088
79.01.092
79.01.093
79.01.094
79.01.095
79.01.096
79.01.100
79.01.104
79.01.108
79.01.112
79.01.116
79.01.120
79.01.124
79.01.128
79.01.132
79.01.133
79.01.134
"Public lands," "state lands" defined.
Charitable, educational, penal, and reformatory real property—Inventory—Transfer.
Charitable, educational, penal, and reformatory real property—High economic return potential—Income.
Real property—Transfer or disposal without public auction.
"Improvements" defined.
"Valuable materials" defined.
Board of appraisers.
Board of natural resources—Records—Rules and regulations.
Commissioner of public lands—Deputy—Appointment—
Powers—Oath.
Auditors and cashiers—Inspectors—Other assistants.
Official bonds.
Land inspectors—Compensation—Oaths.
False statements—Penalty.
Department authority to accept land.
Selection to complete uncompleted grants.
Relinquishment on failure or rejection of selection.
Appraisal—Defined.
Appraisal, transfer, sale, and lease of state lands, valuable
materials—Blank forms of applications.
Who may purchase or lease—Application—Fees.
Inspection and appraisal—Minimum price of lands for educational purposes—Improvements on land.
Statutes not applicable to state tidelands, shorelands, harbor
areas, and the beds of navigable waters.
Powers of department over lands granted to state for educational purposes.
Economic analysis of state lands held in trust—Scope—Use.
Maximum and minimum acreage subject to sale or lease—
Exception—Approval by legislature or regents—
Duration of leases—Alteration of leases.
Maximum area of urban or suburban state land—Platting.
Vacation of plat by commissioner—Vested rights.
Vacation on petition—Preference right to purchase.
Entire section may be inspected.
Date of sale limited by time of appraisal—Sale of valuable
materials.
Survey to determine area subject to sale or lease.
Valuable materials sold separately, when.
Management of public lands within watershed area providing water supply for city or town—Lake Whatcom
municipal watershed pilot project—Report—Exclusive
method of condemnation by city or town for watershed
purposes.
Valuable materials sold separately—Initial deposit—
Advance payment/guarantee payment—Time limit on
removal—Direct sale of valuable materials—
Performance security—Proof of taxes paid.
Valuable materials sold separately—"Lump sum sale" and
"scale sale" defined for purposes of RCW 79.01.132.
Contract for sale of rock, gravel, etc.—Forfeiture—
Royalties—Monthly reports—Audit of books.
(2002 Ed.)
Public Lands Act
79.01.136
Separate appraisal of improvements before sale or lease—
Damages and waste to be deducted—Appraisal by review board.
79.01.140 Possession after termination or expiration of lease—
Extensions for crop rotation.
79.01.148 Deposit by purchaser to cover value of improvements.
79.01.152 Witnesses—Compelling attendance, examination, etc., in
fixing values.
79.01.160 Rules or procedures for removal of valuable materials sold.
79.01.164 Classification of land after timber removed—Lands for
reforestation reserved.
79.01.168 Sale of valuable materials—Inspection, appraisal without
application or deposit.
79.01.172 Disposition of crops on forfeited land.
79.01.176 Road material—Sale to public authorities—Disposition of
proceeds.
79.01.184 Sale procedure—Fixing date, place, and time of sale—
Notice—Publication and posting—Advertisement for
informational purposes only—Direct sale to applicant
without notice, when.
79.01.188 Sale procedure—Pamphlet list of lands or valuable materials.
79.01.192 Sale procedure—Additional advertising expense.
79.01.196 Sale procedure—Place of sale—Hours—Reoffer—
Continuance.
79.01.200 Sale procedure—Sales at auction or by sealed bid—
Minimum price—Exception as to minor sale of valuable
materials at auction.
79.01.204 Sale procedure—Conduct of sales—Deposits—Memorandum
of purchase—Bid bonds.
79.01.208 Sale procedure—Readvertisement of lands not sold.
79.01.212 Sale procedure—Confirmation of sale.
79.01.216 Sale procedure—Terms—Deferred payments, rate of interest.
79.01.220 Sale procedure—Certificate to governor of payment in full—
Deed.
79.01.224 Sale procedure—Reservation in contract.
79.01.228 Sale procedure—Form of contract—Forfeiture—Extension of
time.
79.01.232 Bill of sale for valuable materials sold separately.
79.01.236 Subdivision of contracts or leases—Fee.
79.01.238 Valuable materials contract—Impracticable to perform/cancellation—Substitute valuable materials.
79.01.240 Effect of mistake or fraud.
79.01.242 Lease of state lands—General.
79.01.244 Land leased for agriculture open to public for fishing and
hunting—Exceptions.
79.01.248 Lease procedure—Scheduling auctions.
79.01.252 Lease procedure—Notice to be posted—Lease to highest
bidder.
79.01.256 Lease procedure—Rental payment.
79.01.260 Lease procedure—Disposition of moneys.
79.01.264 Lease procedure—Rejection or approval of leases.
79.01.268 Lease procedure—Record of leases—Forfeiture—Time extension.
79.01.277 Lease procedure—Converting to a new lease.
79.01.284 Water right for irrigation as improvement.
79.01.292 Assignment of contracts or leases.
79.01.295 Grazing lands—Fish and wildlife goals—Technical advisory
committee—Implementation.
79.01.2951 Findings—Salmon stocks—Grazing lands—Coordinated
resource management plans.
79.01.2955 Purpose—Ecosystem standards.
79.01.296 Grazing leases—Restrictions—Agricultural leases in lieu of.
79.01.300 Leased lands reserved from sale—Exception.
79.01.301 Sale of lands used for grazing or other low priority purposes
which have irrigated agricultural potential—
Applications—Regulations.
79.01.304 Abstracts of state lands.
79.01.308 Applications for federal certification that lands are
nonmineral.
79.01.312 Certain state lands subject to easements for removal of valuable materials.
79.01.316 Certain state lands subject to easements for removal of valuable materials—Private easement over public lands
subject to common user in removal of valuable materials.
(2002 Ed.)
79.01.320
79.01.324
79.01.328
79.01.332
79.01.336
79.01.340
79.01.344
79.01.348
79.01.352
79.01.356
79.01.360
79.01.364
79.01.384
79.01.388
79.01.392
79.01.396
79.01.400
79.01.404
79.01.408
79.01.412
79.01.414
79.01.416
79.01.500
79.01.612
79.01.616
79.01.617
79.01.618
79.01.620
79.01.624
79.01.628
79.01.632
79.01.633
79.01.634
79.01.640
79.01.642
79.01.644
79.01.645
79.01.648
79.01.649
Chapter 79.01
Certain state lands subject to easements for removal of valuable materials—Reasonable facilities and service for
transportation must be furnished.
Certain state lands subject to easements for removal of valuable materials—Duty of utilities and transportation
commission.
Certain state lands subject to easements for removal of valuable materials—Penalty for violation of orders—
Reversion of easement.
Certain state lands subject to easements for removal of valuable materials—Application for right of way—
Appraisement of damage—Certificate, contents.
Certain state lands subject to easements for removal of valuable materials—Forfeiture for nonuser.
Right of way for roads and streets over, or for county
wharves upon, state lands.
Railroad right of way.
Railroad right of way—Procedure to acquire.
Railroad right of way—Appraisement.
Railroad right of way—Improvements—Appraisal, deposit,
etc.
Railroad right of way—Release or payment of damages as
to improvements outside right of way.
Railroad right of way—Certificate.
Right of way for utility pipe lines, transmission lines, etc.
Right of way for utility pipe lines, transmission lines, etc.—
Procedure to acquire.
Right of way for utility pipe lines, transmission lines, etc.—
Appraisal—Certificate—Reversion for nonuser.
Right of way for irrigation, diking and drainage purposes.
Right of way for irrigation, diking and drainage purposes—
Procedure to acquire.
Right of way for irrigation, diking and drainage purposes—
Appraisal—Certificate.
Grant of overflow rights.
Construction of foregoing sections relating to rights of way
and overflow rights.
Grant of such easements and rights as applicant may acquire
in private lands by eminent domain.
Condemnation proceedings where state land is involved.
Court review of actions.
Management of acquired lands—Land acquired by escheat
suitable for park purposes—Rental—Repairs.
Prospecting and mining—Leases and permits for prospecting
and contracts for mining valuable minerals and specified
materials—Execution authorized—Lands subject to—
Size of tracts.
Prospecting and mining—Public auction of mining contracts.
Prospecting and mining—Mineral leases, contracts, and
permits—Rules.
Prospecting and mining—Leases for mineral prospecting—
Application—Fees—Rejection.
Prospecting and mining—Compliance with mineral rights
reservations—Compensation for loss or damage to surface rights.
Prospecting and mining—Prospecting leases—Term of
lease—Rental—Mining contract required for extraction
for commercial sale or use—Annual prospecting work—
Termination of lease.
Prospecting and mining—Conversion of prospecting lease
into contract—Preference—Time for application—Plans
for development and reclamation—Development work—
Termination of contract—Nonconversion, effect.
Prospecting and mining—Lessee’s rights and duties relative
to owner of surface rights.
Prospecting and mining—Termination of lease or contract
for default.
Prospecting and mining—Form, terms, and conditions of
prospecting leases and mining contracts—Subcontracts.
Prospecting and mining—Reclamation of premises.
Prospecting and mining—Mining contracts—Production
royalties—Minimum royalty.
Prospecting and mining—Renewal of mining contracts.
Prospecting and mining—Consolidation of mining contracts.
Prospecting and mining—State may enter lands and examine
property and records—Disclosure of information.
[Title 79 RCW—page 5]
Chapter 79.01
Title 79 RCW: Public Lands
79.01.650
Prospecting and mining—State may dispose of materials not
covered by prospecting lease or mining contract—
Disposition of timber.
79.01.651 Prospecting and mining—Recreational mineral prospecting
permits.
79.01.652 Coal mining—Leases and option contracts authorized.
79.01.656 Coal mining—Application for option contract—Fee.
79.01.660 Coal mining—Investigation—Grant of option contract—
Rights and duties of option contract holder.
79.01.664 Coal mining—Action to determine damage to surface owner
or lessee—Commencement of option contract delayed.
79.01.668 Coal mining—Lease—Application, terms, royalties.
79.01.672 Coal mining—Lease without option contract.
79.01.676 Coal mining—Inspection of works and records—Information
confidential.
79.01.680 Coal mining—Use and sale of materials from land.
79.01.684 Coal mining—Suspension of mining—Termination of lease.
79.01.688 Coal mining—Condition of premises on termination of
lease—Removal of personalty.
79.01.692 Coal mining—Re-lease—Procedure—Preference to lessee.
79.01.696 Coal mining—Waste prohibited.
79.01.700 Oil and gas leases on state lands.
79.01.704 Witnesses—Compelling attendance, production of books,
etc.
79.01.708 Maps and plats—Record and index—Public inspection.
79.01.712 Seal.
79.01.720 Fees.
79.01.724 Fee book—Verification.
79.01.728 Assessments paid to be added to purchase price of land.
79.01.732 Appearance before United States land offices.
79.01.736 Duty of attorney general—Commissioner may represent
state.
79.01.740 Reconsideration of official acts.
79.01.744 Reports.
79.01.748 Trespasser guilty of larceny, when.
79.01.752 Lessee or contract holder guilty of misdemeanor, when.
79.01.756 Removal of timber, manufacture into articles—Treble damages.
79.01.760 Trespass, waste, damages—Prosecutions.
79.01.765 Rewards for information regarding violations.
79.01.770 School districts, institutions of higher education, purchase of
leased lands with improvements by—Authorized—
Exception—Price.
79.01.774 School districts, institutions of higher education, purchase of
leased lands with improvements by—Certain purchases
classified—Payable out of common school construction
fund.
79.01.778 School districts, institutions of higher education, purchase of
leased lands with improvements by—Extension of contract period, when—Limitation.
79.01.780 Determination if lands purchased or leased by school districts or institutions of higher education are used as
school sites—Reversion, when.
79.01.784 Urban lands—Cooperative planning, development.
79.01.790 Findings—Damage to timber.
79.01.795 Sale of damaged valuable materials.
79.01.800 Seaweed—Marine aquatic plants defined.
79.01.805 Seaweed—Personal use limit—Commercial harvesting prohibited—Exception—Import restriction.
79.01.810 Seaweed—Harvest and possession violations—Penalties and
damages.
79.01.815 Seaweed—Enforcement.
Accreted lands, seashore conservation area, jurisdiction and powers: RCW
79A.05.630.
Multiple use concept in management and administration of state-owned
lands: Chapter 79.68 RCW.
State trust lands—Withdrawal—Revocation or modification of withdrawal
when used for recreational purposes—Board to determine most
beneficial use in accordance with policy: RCW 79A.50.100.
79.01.004 "Public lands," "state lands" defined.
Public lands of the state of Washington are lands belonging
to or held in trust by the state, which are not devoted to or
reserved for a particular use by law, and include state lands,
[Title 79 RCW—page 6]
tidelands, shorelands and harbor areas as hereinafter defined,
and the beds of navigable waters belonging to the state.
Whenever used in this chapter the term "state lands"
shall mean and include:
School lands, that is, lands held in trust for the support
of the common schools;
University lands, that is, lands held in trust for university purposes;
Agricultural college lands, that is, lands held in trust for
the use and support of agricultural colleges;
Scientific school lands, that is, lands held in trust for the
establishment and maintenance of a scientific school;
Normal school lands, that is, lands held in trust for state
normal schools;
Capitol building lands, that is, lands held in trust for the
purpose of erecting public buildings at the state capital for
legislative, executive and judicial purposes;
Institutional lands, that is, lands held in trust for state
charitable, educational, penal and reformatory institutions;
and
All public lands of the state, except tidelands,
shorelands, harbor areas and the beds of navigable waters.
[1927 c 255 § 1; RRS § 7797-1. Prior: 1911 c 36 § 1;
1907 c 256 § 1; 1897 c 89 §§ 4, 5; 1895 c 178 §§ 1, 2.
Formerly RCW 79.04.010.]
79.01.006 Charitable, educational, penal, and
reformatory real property—Inventory—Transfer. (1)
Every five years the department of social and health services
and other state agencies that operate institutions shall
conduct an inventory of all real property subject to the
charitable, educational, penal, and reformatory institution
account and other real property acquired for institutional purposes or for the benefit of the blind, deaf, mentally ill,
developmentally disabled, or otherwise disabled. The
inventory shall identify which of those real properties are not
needed for state-provided residential care, custody, or
treatment. By December 1, 1992, and every five years
thereafter the department shall report the results of the
inventory to the house of representatives committee on capital facilities and financing, the senate committee on ways
and means, and the joint legislative audit and review
committee.
(2) Real property identified as not needed for stateprovided residential care, custody, or treatment shall be
transferred to the corpus of the charitable, educational, penal,
and reformatory institution account. This subsection shall
not apply to leases of real property to a consortium of three
or more counties in order for the counties to construct or
otherwise acquire correctional facilities for juveniles or
adults or to real property subject to binding conditions that
conflict with the other provisions of this subsection.
(3) The department of natural resources shall manage all
property subject to the charitable, educational, penal, and
reformatory institution account and, in consultation with the
department of social and health services and other affected
agencies, shall adopt a plan for the management of real
property subject to the account and other real property
acquired for institutional purposes or for the benefit of the
blind, deaf, mentally ill, developmentally disabled, or
otherwise disabled.
(2002 Ed.)
Public Lands Act
(a) The plan shall be consistent with state trust land
policies and shall be compatible with the needs of institutions adjacent to real property subject to the plan.
(b) The plan may be modified as necessary to ensure the
quality of future management and to address the acquisition
of additional real property. [1996 c 288 § 51; 1996 c 261 §
1; 1991 c 204 § 1.]
Reviser’s note: This section was amended by 1996 c 261 § 1 and by
1996 c 288 § 51, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Department of social and health services duty: RCW 43.20A.035.
79.01.007 Charitable, educational, penal, and
reformatory real property—High economic return potential—Income. Where C.E.P. & R.I. land has the
potential for lease for commercial, industrial, or residential
uses or other uses with the potential for high economic
return and is within urban or suburban areas, the department
of natural resources shall make every effort consistent with
trust land management principles and all other provisions of
law to lease the lands for such purposes, unless the land is
subject to a lease to a state agency operating an existing
state institution. The department of natural resources is
authorized, subject to approval by the board of natural
resources and only if a higher return can be realized, to
exchange such lands for lands of at least equal value and to
sell such lands and use the proceeds to acquire replacement
lands. The department shall report to the appropriate
legislative committees all C.E.P. & R.I. land purchased, sold,
or exchanged. Income from the leases shall be deposited in
the charitable, educational, penal, and reformatory institutions account. The legislature shall give priority consideration to appropriating one-half of the money derived from
lease income to providing community housing for persons
who are mentally ill, developmentally disabled, or youth who
are blind, deaf, or otherwise disabled. [1991 c 204 § 5.]
79.01.009 Real property—Transfer or disposal
without public auction. (1) For the purposes of this
section, "public agency" means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi-municipal
corporations, special purpose districts, and local service
districts; any agency of the state government; any agency of
the United States; and any Indian tribe recognized as such by
the federal government.
(2) With the approval of the board of natural resources,
the department of natural resources may directly transfer or
dispose of real property, without public auction, in the
following circumstances:
(a) Transfers in lieu of condemnations;
(b) Transfers to public agencies; and
(c) Transfers to resolve trespass and property ownership
disputes.
(3) Real property to be transferred or disposed of under
this section shall be transferred or disposed of only after
appraisal and for at least fair market value, and only if such
transaction is in the best interest of the state or affected trust.
[1992 c 167 § 2.]
(2002 Ed.)
79.01.006
79.01.036 "Improvements" defined. Whenever used
in this chapter the term "improvements" when referring to
state lands shall mean anything considered a fixture in law
placed upon or attached to such lands that has changed the
value of the lands or any changes in the previous condition
of the fixtures that changes the value of the land. [1982 1st
ex.s. c 21 § 147; 1979 ex.s. c 109 § 1; 1927 c 255 § 9; RRS
§ 7797-9. Prior: 1897 c 89 § 5. Formerly RCW
79.04.090.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
Severability—1979 ex.s. c 109: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 109 § 24.]
Effective date—1979 ex.s. c 109: "The provisions of this 1979
amendatory act shall take effect September 26, 1979." [1979 ex.s. c 109 §
25.]
79.01.038 "Valuable materials" defined. "Valuable
materials." Whenever used in this title the term "valuable
materials" when referring to state lands means any product
or material on said lands, such as forest products, forage or
agricultural crops, stone, gravel, sand, peat, and all other
materials of value except mineral, coal, petroleum, and gas
as provided for under chapter 79.01 RCW. [1982 1st ex.s.
c 21 § 148; 1959 c 257 § 1.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.048 Board of appraisers. The board of natural
resources shall constitute the board of appraisers provided
for in section 2 of Article XVI of the state Constitution, to,
before the sale of any lands granted to the state for educational purposes, appraise the value of such lands less the improvements thereon. [1988 c 128 § 50; 1927 c 255 § 12;
RRS § 7797-12. Formerly RCW 43.65.030.]
79.01.052 Board of natural resources—Records—
Rules and regulations. The board of natural resources shall
keep its records in the office of the commissioner of public
lands, and shall keep a full and complete record of its
proceedings relating to the appraisal of lands granted for
educational purposes, and the board shall have the power,
from time to time, to make and enforce rules and regulations
for the carrying out of the provisions of this chapter relating
to its duties not inconsistent with law. [1988 c 128 § 51;
1982 1st ex.s. c 21 § 149; 1927 c 255 § 13; RRS § 7797-13.
Formerly RCW 43.65.020.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.056 Commissioner of public lands—Deputy—
Appointment—Powers—Oath. The commissioner of
public lands shall have the power to appoint an assistant,
who shall be deputy commissioner of public lands with
power to perform any act or duty relating to the office of the
commissioner, and, in case of vacancy by death or resignation of the commissioner, shall perform the duties of the
office until the vacancy is filled, and shall act as chief clerk
in the office of the commissioner of public lands, and, before
entering upon his duties, shall take, subscribe and file in the
[Title 79 RCW—page 7]
79.01.056
Title 79 RCW: Public Lands
office of the secretary of state the oath of office required by
law of state officers. [1927 c 255 § 14; RRS § 7797-14.
Prior: 1903 c 33 § 1; RRS § 7815. Formerly RCW
43.12.020.]
79.01.060 Auditors and cashiers—Inspectors—
Other assistants. The commissioner of public lands shall
have the power to appoint an auditor and cashier, and an
assistant auditor and cashier, and to appoint and employ such
number of state land inspectors, who shall be citizens of the
state of Washington familiar with the work of inspecting and
appraising lands, and such number of engineers, draftsmen,
clerks and other assistants, as he may deem necessary for the
performance of the duties of his office. [1927 c 255 § 15;
RRS § 7797-15. Formerly RCW 43.12.030.]
79.01.064 Official bonds. The commissioner of
public lands and his appointees shall enter into good and
sufficient surety company bonds as required by law, in the
following sums: Commissioner of public lands, fifty
thousand dollars; auditor and cashier, twenty thousand
dollars; assistant auditor and cashier, ten thousand dollars;
each state land inspector, five thousand dollars; and other appointees in such sum as may be fixed in the manner provided by law. [1927 c 255 § 16; RRS § 7797-16. Prior: 1907
c 119 §§ 1, 2; RRS §§ 7816, 7817. Formerly RCW
43.12.040.]
79.01.068 Land inspectors—Compensation—Oaths.
The compensation of a state land inspector shall not exceed
seven dollars per diem for the time actually employed, and
necessary expenses, which shall be submitted to the commissioner of public lands in an itemized and verified account to
be approved by him.
Each state land inspector shall, before entering upon his
duties, take and subscribe and file in the office of the
secretary of state, an oath in substance as follows: "I
. . . . . . do solemnly swear that I will well and truly perform
the duties of state land inspector in the inspection and
appraisement of lands to be selected by, or belonging to, or
held in trust by the state of Washington, to the best of my
knowledge and ability; that I will personally and carefully
examine each parcel or tract of land assigned to me for
inspection, and a full and complete report make, as to each
tract inspected, of every material fact connected with the
location, condition and character of said land, and my
estimate of the value thereof, and the amount and estimated
value of all timber, or other valuable material, and all
improvements thereon, when directed by the commissioner
of public lands; that I am not, nor will I become, interested
directly or indirectly in the sale, lease or purchase of said
lands; that I will not communicate or disclose to any person
other than the commissioner of public lands, or his deputy,
or the members of the board of natural resources, any
information in relation to the location, condition, character
or value of any lands inspected by me, or the timber or other
valuable material, or the improvements thereon; that in the
performance of my duties as state land inspector I will in all
respects act according to the best of my knowledge and
ability, and will protect the interests of the state of Washington." [1988 c 128 § 52; 1927 c 255 § 17; RRS § 7797-17.
[Title 79 RCW—page 8]
Prior: (i) 1907 c 256 § 2; RRS § 7836. (ii) 1897 c 89 §§
6, 8; RRS § 7838. Formerly RCW 43.12.050.]
79.01.072 False statements—Penalty. If any state
land inspector shall knowingly or wilfully make any false
statement in any report of inspection of lands, or any false
estimate of the value of lands inspected or the timber or
other valuable materials or improvements thereon, or shall
knowingly or wilfully divulge anything or give any information in regard to lands inspected by him, other than to the
commissioner of public lands, the deputy commissioner of
public lands, or the board of natural resources, he shall
forthwith be removed from office, and shall be deemed
guilty of a felony and in such case it shall be the duty of the
commissioner of public lands and of the members of the
board of natural resources, to report all facts within their
knowledge to the proper prosecuting officer to the end that
prosecution for the offense may be had. [1988 c 128 § 53;
1927 c 255 § 18; RRS § 7797-18. Formerly RCW
43.12.060.]
79.01.074 Department authority to accept land.
The department is hereby authorized, when in its judgment
it appears advisable, to accept on behalf of the state, any
grant of land within the state which shall then become a part
of the state forests. No grant may be accepted until the title
has been examined and approved by the attorney general of
the state and a report made to the board of natural resources
of the result of the examination. [1986 c 100 § 48.]
79.01.076 Selection to complete uncompleted grants.
So long as any grant of lands by the United States to the
state of Washington, for any purpose, or as lieu or indemnity
lands therefor, remains incomplete, the commissioner of
public lands shall, from time to time, cause the records in his
office and in the United States land offices, to be examined
for the purpose of ascertaining what of the unappropriated
lands of the United States are open to selection, and whether
any thereof may be of sufficient value and so situated as to
warrant their selection as state lands, and in that case may
cause the same to be inspected and appraised by one or more
state land inspectors, and a full report made thereon by the
smallest legal subdivisions of forty acres each, classifying
such lands into grazing, farming and timbered lands, and
estimating the value of each tract inspected and the quantity
and value of all valuable material thereon, and in the case of
timbered lands the amount and value of the standing timber
thereon, and the estimated value of such lands after the
timber is removed, which report shall be made as amply and
expeditiously as possible on blanks to be furnished by the
commissioner of public lands for that purpose, under the
oath of the inspector to the effect that he has personally
examined the tracts mentioned in each forty acres thereof,
and that said report and appraisement is made from such
personal examination, and is, to the best of affiant’s knowledge and belief, true and correct, and that the lands are not
occupied by any bona fide settler.
The commissioner of public lands shall select such
unappropriated lands as he shall deem advisable, and do all
things necessary under the laws of the United States to vest
title thereto in the state, and shall assign lands of equal
(2002 Ed.)
Public Lands Act
value, as near as may be, to the various uncompleted grants.
[1927 c 255 § 19; RRS § 7797-19. Prior: 1897 c 89 §§ 5,
7, 9, 10. Formerly RCW 79.08.050.]
Lieu lands: Chapter 79.28 RCW.
79.01.080 Relinquishment on failure or rejection of
selection. In case any person interested in any tract of land
heretofore selected by the territory of Washington or any
officer, board or agent thereof or by the state of Washington
or any officer, board or agent thereof or which may be
hereafter selected by the state of Washington or the commissioner of public lands, in pursuance to any grant of public
lands made by the United States to the territory or state of
Washington for any purpose or upon any trust whatever, the
selection of which has failed or been rejected or shall fail or
shall be rejected for any reason, shall request it, the commissioner of public lands shall have the authority and power on
behalf of the state to relinquish to the United States such
tract of land. [1927 c 255 § 20; RRS § 7797-20. Prior:
1899 c 63 § 1. Formerly RCW 79.08.060.]
79.01.082 Appraisal—Defined. For the purposes of
this title, "appraisal" means an estimate of the market value
of land or valuable materials. The estimate must reflect the
value based on market conditions at the time of the sale or
transfer offering. The appraisal must reflect the department
of natural resources’ best effort to establish a reasonable
market value for the purpose of setting a minimum bid at
auction or transfer. A purchaser of state lands or valuable
materials may not rely upon the appraisal prepared by the
department of natural resources for purposes of deciding
whether to make a purchase from the department. All
purchasers are required to make their own independent appraisals. [2001 c 250 § 10.]
79.01.084 Appraisal, transfer, sale, and lease of
state lands, valuable materials—Blank forms of applications. The commissioner of public lands shall cause to be
prepared, and furnish to applicants, blank forms of applications for the appraisal, transfer, and purchase of any state
lands and the purchase of valuable materials situated thereon,
and for the lease of state lands. These forms shall contain
instructions to inform and aid applicants. [2001 c 250 § 1;
1982 1st ex.s. c 21 § 150; 1959 c 257 § 2; 1927 c 255 § 21;
RRS § 7797-21. Prior: 1909 c 223 § 2; 1907 c 256 § 5;
1903 c 74 § 1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18.
Formerly RCW 79.08.040.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.088
Who may purchase or lease—
Application—Fees. Any person desiring to purchase any
state lands, or to purchase any timber, fallen timber, stone,
gravel, or other valuable materials situated on state lands, or
to lease any state lands, shall file in the office of the
commissioner of public lands an application, on the proper
form which shall be accompanied by reasonable fees to be
prescribed by the board of natural resources in an amount
sufficient to defray the cost of performing or otherwise
providing for the processing, review, or inspection of the
applications or activities permitted pursuant to the applica(2002 Ed.)
79.01.076
tions for each category of services performed. These fees
shall be credited to the resource management cost account
(RMCA) fund as established under RCW 79.64.010 in the
general fund. [1982 1st ex.s. c 21 § 151; 1979 ex.s. c 109
§ 2; 1967 c 163 § 4; 1959 c 257 § 3; 1927 c 255 § 22; RRS
§ 7797-22. Prior: 1909 c 223 § 2; 1907 c 256 § 5; 1903 c
74 § 1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18. Formerly
RCW 79.12.010.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.092 Inspection and appraisal—Minimum
price of lands for educational purposes—Improvements
on land. When in the judgment of the department of natural
resources, there is sufficient interest for the appraisement and
sale, or the lease, for any lawful purpose, excepting mining
of valuable minerals or coal, or extraction of petroleum or
gas, of state lands, the department shall cause each tract of
land to be inspected as to its topography, development
potential, forestry, agricultural and grazing qualities, coal,
mineral, stone, gravel or other valuable material, the distance
from any city or town, railroad, river, irrigation canal, ditch
or other waterway, and location of utilities. In case of an
application to purchase land granted to the state for educational purposes, the department shall submit a report to the
board of natural resources, which board shall fix the value
per acre of each lot, block, subdivision or tract proposed to
be sold in one parcel, which value shall be not less than ten
dollars per acre. In case of applications to purchase state
lands, other than lands granted to the state for educational
purposes and capitol building lands, the department shall appraise and fix the value thereof. In case of interest for the
lease of state lands, for any lawful purposes other than that
of mining for valuable minerals or coal, or extraction of
petroleum or gas, the department shall fix the rental value
thereof, and only improvements authorized in writing by the
department of natural resources or consistent with the
approved plan of development shall be placed on state lands
under lease and these improvements shall become the property of the state at the expiration or termination of the lease
unless otherwise agreed upon under the terms of the lease:
PROVIDED, That these improvements may be required by
the department of natural resources to be removed at the end
of the lease term by the lessee at his expense. Any improvements placed upon any state lands without the written
authority of the commissioner of public lands shall become
the property of the state and be considered part of the land.
[1979 ex.s. c 109 § 3; 1967 ex.s. c 78 § 3; 1959 c 257 § 4;
1941 c 217 § 2; 1935 c 136 § 1; 1927 c 255 § 23; Rem.
Supp. 1941 § 7797-23. Prior: 1909 c 223 § 2; 1907 c 256
§ 5; 1903 c 74 § 1; 1897 c 89 § 11; 1895 c 178 §§ 17, 18.
Formerly RCW 79.12.020.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.093 Statutes not applicable to state tidelands,
shorelands, harbor areas, and the beds of navigable
[Title 79 RCW—page 9]
79.01.093
Title 79 RCW: Public Lands
waters. RCW 79.01.092, 79.01.096, 79.01.136, 79.01.140,
79.01.148, 79.01.244, 79.01.248, 79.01.252, 79.01.256,
79.01.260, 79.01.264, 79.01.268, 79.01.724, 79.12.570,
79.28.080, 79.01.242, and 79.01.277 do not apply to state
tidelands, shorelands, harbor areas, and the beds of navigable
waters. [1979 ex.s. c 109 § 22.]
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.094 Powers of department over lands granted
to state for educational purposes. The department of
natural resources shall exercise general supervision and
control over the sale or lease for any purpose of land granted
to the state for educational purposes and also over the sale
of timber, fallen timber, stone, gravel and all other valuable
materials situated thereon. It shall be the duty of the
department to prepare all reports, data and information in its
records pertaining to any such proposed sale or lease. The
department shall have power, if it deems it advisable, to
order that any particular sale or lease of such land or
valuable materials be held in abeyance pending further
inspection and report. The department may cause such
further inspection and report of land or materials involved in
any proposed sale or lease to be made and for that purpose
shall have power to employ its own inspectors, cruisers and
other technical assistants. Upon the basis of such further
inspection and report the department shall determine whether
or not, and the terms upon which, the proposed sale or lease
shall be consummated. [1988 c 128 § 54; 1941 c 217 § 3;
Rem. Supp. 1941 § 7797-23A. Formerly RCW 43.65.060.]
79.01.095 Economic analysis of state lands held in
trust—Scope—Use. Periodically at intervals to be determined by the board of natural resources, the commissioner
of public lands shall cause an economic analysis to be made
of those state lands held in trust, where the nature of the
trust makes maximization of the economic return to the
beneficiaries of income from state lands the prime objective.
The analysis shall be by specific tracts, or where such tracts
are of similar economic characteristics, by groupings of such
tracts.
The most recently made analysis shall be considered by
the department of natural resources in making decisions as
to whether to sell or lease state lands, standing timber or
crops thereon, or minerals therein, including but not limited
to oil and gas and other hydrocarbons, rocks, gravel and
sand.
The economic analysis shall include, but shall not be
limited to the following criteria: (1) Present and potential
sale value; (2) present and probable future returns on the
investment of permanent state funds; (3) probable future
inflationary or deflationary trends; (4) present and probable
future income from leases or the sale of land products; and
(5) present and probable future tax income derivable therefrom specifically including additional state, local and other
tax revenues from potential private development of land
currently used primarily for grazing and other similar low
priority use; such private development would include, but not
be limited to, development as irrigated agricultural land.
[1969 ex.s. c 131 § 1.]
[Title 79 RCW—page 10]
79.01.096 Maximum and minimum acreage subject
to sale or lease—Exception—Approval by legislature or
regents—Duration of leases—Alteration of leases. Not
more than one hundred and sixty acres of any land granted
to the state by the United States shall be offered for sale in
one parcel and no university lands shall be offered for sale
except by legislative directive or with the consent of the
board of regents of the University of Washington.
Any land granted to the state by the United States may
be sold or leased for any lawful purpose in such minimum
acreage as may be fixed by the department of natural
resources.
Except as otherwise provided in RCW 79.01.770, upon
the application of a school district or any institution of
higher education for the purchase or lease of lands granted
to the state by the United States, the department of natural
resources may offer such land for sale or lease to such
school district or institution of higher education in such
acreage as it may determine, consideration being given upon
application of a school district to school site criteria established by the state board of education: PROVIDED, That in
the event the department thereafter proposes to offer such
land for sale or lease at public auction such school district or
institution of higher education shall have a preference right
for six months from notice of such proposal to purchase or
lease such land at the appraised value determined by the
board of natural resources.
State lands shall not be leased for a longer period than
ten years: PROVIDED, That such lands may be leased for
the purpose of prospecting for, developing and producing oil,
gas and other hydrocarbon substances or for the mining of
coal subject to the provisions of chapter 79.14 RCW and
RCW 79.01.692. Such lands may be leased for agricultural
purposes for any period not to exceed twenty-five years
except that such leases which authorize tree fruit and grape
production may be for any period up to fifty-five years.
Such lands may be leased for public school, college or
university purposes for any period not exceeding seventyfive years. Such lands may be leased for commercial,
industrial, business, or recreational purposes for any period
not exceeding fifty-five years. Such lands may be leased for
residential purposes for any period not to exceed ninety-nine
years. If during the term of the lease of any state lands for
agricultural, grazing, commercial, residential, business, or
recreational purposes, in the opinion of the department it is
in the best interest of the state so to do, the department may,
on the application of the lessee and in agreement with the
lessee, alter and amend the terms and conditions of such
lease. The sum total of the original lease term and any
extension thereof shall not exceed the limits provided herein.
[1982 c 54 § 1; 1979 ex.s. c 109 § 4; 1971 ex.s. c 200 § 1;
1970 ex.s. c 46 § 1; 1967 ex.s. c 78 § 1; 1959 c 257 § 5;
1955 c 394 § 1; 1927 c 255 § 24; RRS § 7797-24. Prior:
1915 c 147 § 15; 1909 p 256 § 4; 1907 c 256 § 5; 1903 c
91 § 3; 1897 c 89 § 11. Formerly RCW 79.12.030.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
Severability—1971 ex.s. c 200: "If any provision of this 1971
amendatory act, or its application to any person or circumstances is held
(2002 Ed.)
Public Lands Act
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 200 § 6.]
Public lands, funds for support of common school fund: State Constitution
Art. 9 § 3.
School and granted lands: State Constitution Art. 16.
University of Washington: Chapter 28B.20 RCW.
79.01.100 Maximum area of urban or suburban
state land—Platting. The department of natural resources
shall cause all unplatted state lands, within the limits of any
incorporated city or town, or within two miles of the
boundary thereof, where the valuation of such lands is found
by appraisement to exceed one hundred dollars per acre, to
be platted into lots and blocks, of not more than five acres
in a block, before the same are offered for sale, and not
more than one block shall be offered for sale in one parcel.
The department of natural resources may designate or
describe any such plat by name, or numeral, or as an
addition to such city or town, and, upon the filing of any
such plat, it shall be sufficient to describe the lands, or any
portion thereof, embraced in such plat, according to the
designation prescribed by the department of natural resources. Such plats shall be made in duplicate, and when properly authenticated by the department of natural resources, one
copy thereof shall be filed in the office of the department
and one copy in the office of the county auditor in which the
lands are situated, and said auditor shall receive and file
such plats without compensation or fees and make record
thereof in the same manner as required by law for the filing
and recording of other plats in his office.
In selling lands subject to the provisions of Article 16,
section 4, of the state Constitution, the department of natural
resources will be permitted to sell the land within the
required land subdivision without being required to complete
the construction of streets, utilities, and such similar things
as may be required by any local government entity in the
instance of the platting of private or other property within
their area of jurisdiction: PROVIDED, That no construction
will be permitted on lands so sold until the purchaser or
purchasers collectively comply with all of the normal
requirements for platting. [1967 ex.s. c 78 § 4; 1959 c 257
§ 6; 1927 c 255 § 25; RRS § 7797-25. Prior: 1909 c 223
§ 2; 1907 c 256 § 5; 1903 c 74 § 1; 1897 c 89 § 11; 1895
c 178 §§ 17, 18. Formerly RCW 79.12.040.]
Platting: State Constitution Art. 16 § 4.
Recording—Duties of county auditor: Chapter 65.04 RCW.
79.01.104 Vacation of plat by commissioner—
Vested rights. When, in the judgment of the commissioner
of public lands the best interest of the state will be thereby
promoted, the commissioner may vacate any plat or plats
covering state lands, and vacate any street, alley or other
public place therein situated: PROVIDED, That the vacation
of any such plat shall not affect the vested rights of any
person or persons theretofore acquired therein. In the
exercise of the foregoing power and authority to vacate the
commissioner shall enter an order in the records of his office
and at once forward a certified copy thereof to the county
auditor of the county wherein said platted lands are located
and said auditor shall cause the same to be recorded in the
miscellaneous records of his office and noted on the plat by
(2002 Ed.)
79.01.096
reference to the volume and page of the record. [1959 c 257
§ 7; 1927 c 255 § 26; RRS § 7797-26. Prior: 1903 c 127
§§ 1, 2. Formerly RCW 79.12.050.]
79.01.108 Vacation on petition—Preference right to
purchase. Whenever all the owners and other persons
having a vested interest in the lands abutting on any street,
alley, or other public place, or any portion thereof, in any
plat of state lands, lying outside the limits of any incorporated city or town, shall petition the commissioner of public
lands therefor, the commissioner may vacate any such tract,
alley or public place or part thereof and in such case all such
streets, alleys or other public places or portions thereof so
vacated shall be platted, appraised and sold or leased in the
manner provided for the platting, appraisal and sale or lease
of similar lands: PROVIDED, That where the area vacated
can be determined from the plat already filed it shall not be
necessary to survey such area before platting the same. The
owner or owners, or other persons having a vested interest
in the lands abutting on any of the lots, blocks or other parcels platted upon the lands embraced within any area vacated
as hereinabove provided, shall have a preference right for the
period of sixty days from the date of filing such plat and the
appraisal of such lots, blocks or other parcels of land in the
office of the commissioner of public lands, to purchase the
same at the appraised value thereof. [1959 c 257 § 8; 1927
c 255 § 27; RRS § 7797-27. Prior: 1903 c 127 § 3.
Formerly RCW 79.12.060.]
79.01.112 Entire section may be inspected. Whenever application is made to purchase less than a section of
unplatted state lands, the commissioner of public lands may
order the inspection of the entire section or sections of which
the lands applied for form a part. [1959 c 257 § 9; 1927 c
255 § 28; RRS § 7797-28. Prior: 1909 c 223 § 2. Formerly RCW 79.12.070.]
79.01.116 Date of sale limited by time of appraisal—Sale of valuable materials. (1) In no case shall any
lands granted to the state be offered for sale unless the same
shall have been appraised by the board of natural resources
within ninety days prior to the date fixed for the sale.
(2) For the sale of valuable materials from state land
under this title, if the board of natural resources is required
by law to appraise the sale, the board must establish a
minimum appraisal value that is valid for a period of one
hundred eighty days, or a longer period as may be established by resolution. The board may reestablish the minimum appraisal value at any time. For any valuable materials
sales that the board is required by law to appraise, the board
may by resolution transfer this authority to the commissioner
of public lands.
(3) Where the board of natural resources has set a
minimum appraisal value for a valuable materials sale, the
commissioner of public lands may set the final appraisal
value of valuable materials for auction, which must be equal
to or greater than the board of natural resources’ minimum
appraisal value. The commissioner may also appraise any
valuable materials sale not required by law to be approved
by the board of natural resources. [2001 c 250 § 2; 1982 1st
ex.s. c 21 § 152; 1959 c 257 § 10; 1935 c 55 § 1 (adding
[Title 79 RCW—page 11]
79.01.116
Title 79 RCW: Public Lands
section 29 to 1927 c 255 in lieu of original section 29 which
was vetoed); RRS § 7797-29. Prior: 1909 c 223 § 2.
Formerly RCW 79.12.080.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.120 Survey to determine area subject to sale
or lease. The commissioner of public lands may cause any
state lands to be surveyed for the purpose of ascertaining and
determining the area subject to sale or lease. [1982 1st ex.s.
c 21 § 153; 1959 c 257 § 11; 1927 c 255 § 30; RRS § 779730. Prior: 1909 c 223 § 2; 1907 c 256 § 5; 1903 c 74 § 1;
1897 c 89 § 11; 1895 c 178 §§ 17, 18. Formerly RCW
79.12.090.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.124 Valuable materials sold separately, when.
Valuable material[s] situated upon state lands may be sold
separate from the land, when in the judgment of the commissioner of public lands, it is for the best interest of the state
so to sell the same. When application is made for the
purchase of any valuable materials, the commissioner of
public lands shall appraise the value of the valuable materials if the commissioner determines it is in the best interest
of the state to sell. No valuable materials shall be sold for
less than the appraised value thereof. [2001 c 250 § 3; 1982
1st ex.s. c 21 § 154; 1959 c 257 § 12; 1929 c 220 § 1; 1927
c 255 § 31; RRS § 7797-31. Prior: 1915 c 147 § 2; 1909
c 223 § 3; 1907 c 256 § 6; 1901 c 148 § 1; 1899 c 129 § 1;
1897 c 89 § 12; 1895 c 178 § 23. Formerly RCW
79.12.100.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
Forests and forest products: Title 76 RCW.
79.01.128 Management of public lands within
watershed area providing water supply for city or
town—Lake Whatcom municipal watershed pilot project—Report—Exclusive method of condemnation by city
or town for watershed purposes. (1) In the management
of public lands lying within the limits of any watershed over
and through which is derived the water supply of any city or
town, the department may alter its land management practices to provide water with qualities exceeding standards
established for intrastate and interstate waters by the department of ecology: PROVIDED, That if such alterations of
management by the department reduce revenues from,
increase costs of management of, or reduce the market value
of public lands the city or town requesting such alterations
shall fully compensate the department.
(2) The department shall initiate a pilot project for the
municipal watershed delineated by the Lake Whatcom
hydrographic boundaries to determine what factors need to
be considered to achieve water quality standards beyond
those required under chapter 90.48 RCW and what additional
management actions can be taken on state trust lands that
can contribute to such higher water quality standards. The
department shall establish an advisory committee consisting
of a representative each of the city of Bellingham, Whatcom
county, the Whatcom county water district 10, the depart[Title 79 RCW—page 12]
ment of ecology, the department of fish and wildlife, and the
department of health, and three general citizen members to
assist in this pilot project. In the event of differences of
opinion among the members of the advisory committee, the
committee shall attempt to resolve these differences through
various means, including the retention of facilitation or
mediation services.
(3) The pilot project in subsection (2) of this section
shall be completed by June 30, 2000. The department shall
defer all timber sales in the Lake Whatcom hydrographic
boundaries until the pilot project is complete.
(4) Upon completion of the study, the department shall
provide a report to the natural resources committee of the
house of representatives and to the natural resources, parks,
and recreation committee of the senate summarizing the results of the study.
(5) The exclusive manner, notwithstanding any provisions of the law to the contrary, for any city or town to
acquire by condemnation ownership or rights in public lands
for watershed purposes within the limits of any watershed
over or through which is derived the water supply of any
city or town shall be to petition the legislature for such
authority. Nothing in this section, RCW 79.44.003 and
chapter 79.68 RCW shall be construed to affect any existing
rights held by third parties in the lands applied for. [1999
c 257 § 1; 1971 ex.s. c 234 § 11; 1927 c 255 § 32; RRS §
7797-32. Prior: 1915 c 147 § 2; 1909 c 223 § 3; 1907 c
256 § 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89 § 12;
1895 c 178 § 23. Formerly RCW 79.12.110.]
Condemnation proceedings where state land involved: RCW 8.28.010.
Municipal corporation in adjoining state may condemn watershed property:
RCW 8.28.050.
79.01.132 Valuable materials sold separately—
Initial deposit—Advance payment/guarantee payment—
Time limit on removal—Direct sale of valuable materials—Performance security—Proof of taxes paid. (1)
When valuable materials on state lands are sold separate
from the land, they may be sold as a lump sum sale or as a
scale sale. Lump sum sales under five thousand dollars
appraised value shall be paid for in cash on the day of sale.
The initial deposit shall be maintained until all contract
obligations of the purchaser are satisfied. However, all or a
portion of the initial deposit may be applied as the final
payment for the valuable materials in the event the department of natural resources determines that adequate security
exists for the performance or fulfillment of any remaining
obligations of the purchaser under the sale contract.
(2) The initial deposits required in RCW 79.01.204 may
not exceed twenty-five percent of the actual or projected
purchase price, but in the case of lump sum sales appraised
at over five thousand dollars the initial deposit may not be
less than five thousand dollars, and shall be made on the day
of the sale. For those sales appraised below the amount
specified in RCW 79.01.200, the department of natural
resources may require full cash payment on the day of sale.
(3) The purchaser shall notify the department of natural
resources before any operation takes place on the sale site.
Upon notification, the department of natural resources shall
determine and require advance payment for the cutting,
removal, or processing of the valuable materials, or may
(2002 Ed.)
Public Lands Act
allow purchasers to guarantee payment by submitting as
adequate security bank letters of credit, payment bonds,
assignments of savings accounts, assignments of certificates
of deposit, or other methods acceptable to the department as
adequate security. The amount of such advance payments
and/or security shall be determined by the department and at
all times equal or exceed the value of timber cut and other
valuable materials processed or removed until paid for.
(4) In all cases where valuable materials are sold
separate from the land, the same shall revert to the state if
not removed from the land within the period specified in the
sale contract. The specified period shall not exceed five
years from the date of the purchase thereof: PROVIDED,
That the specified periods in the sale contract for stone,
sand, fill material, or building stone shall not exceed thirty
years.
(5) In all cases where, in the judgment of the department of natural resources, the purchaser is acting in good
faith and endeavoring to remove such materials, the department of natural resources may extend the time for the
removal thereof for any period not exceeding forty years
from the date of purchase for the stone, sand, fill material,
or building stone or for a total of ten years beyond the
normal termination date specified in the original sale contract
for all other material. Extension of a contract is contingent
upon payment to the state of a sum to be fixed by the
department of natural resources, based on the estimated loss
of income per acre to the state resulting from the granting of
the extension. In no event may the extension payment be
less than fifty dollars per extension, plus interest on the
unpaid portion of the contract. The interest rate shall be
fixed, from time to time, by rule adopted by the board of
natural resources and shall not be less than six percent per
annum. The applicable rate of interest as fixed at the date
of sale, the maximum extension payment, and the method for
calculating the unpaid portion of the contract upon which
such interest shall be paid by the purchaser shall be set forth
in the contract. The department of natural resources shall
pay into the state treasury all sums received for such
extension and the same shall be credited to the fund to
which was credited the original purchase price of the
material so sold.
(6) A direct sale of valuable materials may be sold to
the applicant for cash at full appraised value without notice
or advertising. The board of natural resources shall, by
resolution, establish the value amount of a direct sale not to
exceed twenty thousand dollars in appraised sale value, and
establish procedures to assure that competitive market prices
and accountability will be guaranteed.
(7) The department may, in addition to any other
securities, require a performance security to guarantee
compliance with all contract requirements. The security is
limited to those types listed in subsection (3) of this section.
The value of the performance security will, at all times,
equal or exceed the value of work performed or to be
performed by the purchaser.
(8) Any time that the department of natural resources
sells timber by contract that includes a performance bond,
the department shall require the purchaser to present proof
of any and all property taxes paid prior to the release of the
performance bond. Within thirty days of payment of taxes
due by the timber purchaser, the county treasurer shall
(2002 Ed.)
79.01.132
provide certified evidence of property taxes paid, clearly
disclosing the sale contract number.
(9) The provisions of this section apply unless otherwise
provided by statute. The board of natural resources shall
establish procedures to protect against cedar theft and to
ensure adequate notice is given for persons interested in
purchasing cedar. [2001 c 250 § 4; 2001 c 187 § 1; 1999 c
51 § 1; 1997 c 116 § 1; 1989 c 148 § 1; 1988 c 136 § 2;
1983 c 2 § 16. Prior: 1982 c 222 § 11; 1982 c 27 § 3;
1975 1st ex.s. c 52 § 1; 1971 ex.s. c 123 § 1; 1969 ex.s. c
14 § 2; 1961 c 73 § 1; 1959 c 257 § 13; 1927 c 255 § 33;
RRS § 7797-33; prior: 1915 c 147 § 2; 1909 c 223 § 3;
1907 c 256 § 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89
§ 12; 1895 c 178 § 23. Formerly RCW 79.12.120.]
Reviser’s note: This section was amended by 2001 c 187 § 1 and by
2001 c 250 § 4, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—2001 c 187: See note following RCW 84.40.020.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1982 c 222: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 222 § 17.]
79.01.133 Valuable materials sold separately—
"Lump sum sale" and "scale sale" defined for purposes
of RCW 79.01.132. Unless a contrary meaning is clearly
required by the context, as used in RCW 79.01.132 the
following words shall have the meaning indicated:
(1) "Lump sum sale" shall mean "any sale offered with
a single total price applying to all the material conveyed."
(2) "Scale sale" shall mean "any sale offered with per
unit prices to be applied to the material conveyed." [1969
ex.s. c 14 § 1.]
79.01.134 Contract for sale of rock, gravel, etc.—
Forfeiture—Royalties—Monthly reports—Audit of books.
The department of natural resources, upon application by any
person, firm or corporation, may enter into a contract
providing for the sale and removal of rock, gravel, sand and
silt located upon state lands or state forest lands, and
providing for payment to be made therefor on a royalty
basis. The issuance of a contract shall be made after public
auction and such contract shall not be issued for less than
the appraised value of the material.
Each application made pursuant to this section shall set
forth the estimated quantity and kind of materials desired to
be removed and shall be accompanied by a map or plat
showing the area from which the applicant wishes to remove
such materials. The department of natural resources may in
its discretion include in any contract entered into pursuant to
this section, such terms and conditions protecting the
interests of the state as it may require. In each such contract
the department of natural resources shall provide for a right
of forfeiture by the state, upon a failure to operate under the
contract or pay royalties for periods therein stipulated, and
he may require a bond with a surety company authorized to
transact a surety business in this state, as surety, to secure
the performance of the terms and conditions of such contract
including the payment of royalties. The right of forfeiture
shall be exercised by entry of a declaration of forfeiture in
[Title 79 RCW—page 13]
79.01.134
Title 79 RCW: Public Lands
the records of the department of natural resources. The
amount of rock, gravel, sand, or silt taken under the contract
shall be reported monthly by the purchaser to the department
of natural resources and payment therefor made on the basis
of the royalty provided in the contract.
The department of natural resources may inspect and
audit books, contracts and accounts of each person removing
rock, gravel, sand, or silt pursuant to any such contract and
make such other investigation and secure or receive any
other evidence necessary to determine whether or not the
state is being paid the full amount payable to it for the
removal of such materials. [1985 c 197 § 1; 1961 c 73 §
11.]
79.01.136 Separate appraisal of improvements
before sale or lease—Damages and waste to be deducted—Appraisal by review board. Before any state lands are
offered for sale, or lease, or are assigned, the department of
natural resources may establish the fair market value of those
authorized improvements not owned by the state. In the
event that agreement cannot be reached between the state
and the lessee on the fair market value, such valuation shall
be submitted to a review board of appraisers. The board
shall be as follows: One member to be selected by the
lessee and his expense shall be borne by the lessee; one
member selected by the state and his expense shall be borne
by the state; these members so selected shall mutually select
a third member and his expenses shall be shared equally by
the lessee and the state. The majority decision of this appraisal review board shall be binding on both parties. For
this purpose "fair market value" is defined as: The highest
price in terms of money which a property will bring in a
competitive and open market under all conditions of a fair
sale, the buyer and seller, each prudently knowledgeable and
assuming the price is not affected by undue stimulus. All
damages and wastes committed upon such lands and other
obligations due from the lessee shall be deducted from the
appraised value of the improvements: PROVIDED, That the
department of natural resources on behalf of the respective
trust may purchase at fair market value those improvements
if it appears to be in the best interest of the state from the
*RMCA of the general fund. [1979 ex.s. c 109 § 5; 1959 c
257 § 14; 1927 c 255 § 34; RRS § 7797-34. Prior: 1915 c
147 § 2; 1909 c 223 § 3; 1907 c 256 § 6; 1901 c 148 § 1;
1899 c 129 § 1; 1897 c 89 § 12; 1895 c 178 § 23. Formerly
RCW 79.12.130.]
Reviser’s note: *(1) "RMCA" apparently refers to the resource
management cost account established in RCW 79.64.020. See RCW
79.01.088.
(2) This section does not apply to state tidelands, shorelands, harbor
areas, and the beds of navigable waters. See RCW 79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.140 Possession after termination or expiration
of lease—Extensions for crop rotation. No lessee of state
lands shall remain in possession of said lands after the
termination or expiration of his lease, without the written
consent of the commissioner of public lands, and then only
upon such terms and conditions as such written consent shall
prescribe: PROVIDED, That the department of natural
resources may authorize for a specific period beyond the
[Title 79 RCW—page 14]
term of the lease cropping improvements for the purpose of
crop rotation which shall be deemed authorized improvements. [1979 ex.s. c 109 § 6; 1927 c 255 § 35; RRS §
7797-35. Prior: 1915 c 147 § 19. Formerly RCW
79.12.140.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.148 Deposit by purchaser to cover value of
improvements. If the purchaser of state lands be not the
owner of the authorized improvements thereon, he shall
deposit with the auctioneer making the sale, at the time of
the sale, the appraised value of such improvements, and the
commissioner shall pay to the owner of said improvements
the sum so deposited: PROVIDED, That when the improvements are owned by the state in accordance with the provisions of this chapter or have been acquired by the state by
escheat or operation of law the purchaser may, in case of
sale, pay for such improvements in equal annual installments
at the same time, and with the same rate of interest on
deferred payments, as the installments of the purchase price
of the land are paid, and under such rules and regulations
regarding use and care of said improvements as may be
fixed by the commissioner of public lands. [1979 ex.s. c
109 § 7; 1935 c 57 § 1; 1927 c 255 § 37; RRS § 7797-37.
Prior: 1915 c 147 § 2; 1909 c 223 § 3; 1907 c 256 § 6;
1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89 § 12; 1895 c 178
§ 23. Formerly RCW 79.12.160.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.152 Witnesses—Compelling attendance,
examination, etc., in fixing values. For the purpose of
determining the value and character of lands, timber, fallen
timber, stone, gravel, or other valuable material, or improvements, the board of natural resources, or the commissioner of public lands, as the case may be, may compel the
attendance of witnesses by subpoena, at such place as the
board, or the commissioner, may designate, and examine
such witnesses under oath as to the value and character of
such lands, or materials, or improvements and waste or
damage to the land. [1988 c 128 § 55; 1927 c 255 § 38;
RRS § 7797-38. Prior: 1915 c 147 § 2; 1909 c 223 § 3;
1907 c 256 § 6; 1901 c 148 § 1; 1899 c 129 § 1; 1897 c 89
§ 12; 1895 c 178 § 23. Formerly RCW 79.12.170.]
79.01.160 Rules or procedures for removal of
valuable materials sold. All sales of valuable materials
upon state lands shall be made subject to the right, power,
and authority of the commissioner of public lands to prescribe rules or procedures governing the manner of the sale
and removal of the valuable materials. Such procedures
shall be binding when contained within a purchaser’s contract for valuable materials and apply to the purchaser’s
successors in interest and shall be enforced by the commissioner of public lands. [2001 c 250 § 5; 1959 c 257 § 15;
(2002 Ed.)
Public Lands Act
1927 c 255 § 40; RRS § 7797-40. Prior: 1915 c 147 § 2;
1909 c 223 § 3; 1907 c 256 § 6; 1901 c 148 § 1; 1899 c 129
§ 1; 1897 c 89 § 12; 1895 c 178 § 23. Formerly RCW
79.12.190.]
Forest protection: Chapter 76.04 RCW.
79.01.164 Classification of land after timber
removed—Lands for reforestation reserved. When the
merchantable timber has been sold and actually removed
from any state lands, the commissioner of public lands may
classify the land, and may reserve from any future sale such
portions thereof as may be found suitable for reforestation,
and in such case, the commissioner shall enter such reservation in the records in his office, and all such lands so
reserved shall not thereafter be subject to sale or lease. The
commissioner of public lands shall certify all such reservations for reforestation so made, to the board of natural
resources, and it shall be the duty of the department of
natural resources, to protect such lands, and the remaining
timber thereon, from fire and to reforest the same. [1959 c
257 § 16; 1927 c 255 § 41; RRS § 7797-41. Prior: 1915 c
147 § 2; 1909 c 223 § 3; 1907 c 256 § 6; 1901 c 148 § 1;
1899 c 129 § 1; 1897 c 89 § 12; 1895 c 178 § 23. Formerly
RCW 79.12.200.]
Reforestation: Chapter 76.12 RCW.
79.01.168 Sale of valuable materials—Inspection,
appraisal without application or deposit. The commissioner of public lands may cause valuable materials on state
lands to be inspected and appraised and offered for sale
when authorized by the board of natural resources without an
application having been filed, or deposit made, for the
purchase of the same. [1961 c 73 § 2; 1959 c 257 § 17;
1927 c 255 § 42; RRS § 7797-42. Prior: 1915 c 147 § 2.
Formerly RCW 79.12.210.]
79.01.172 Disposition of crops on forfeited land.
Whenever the state of Washington shall become the owner
of any growing crop, or crop grown upon, any state lands,
by reason of the forfeiture, cancellation or termination of any
contract or lease of state lands, or from any other cause, the
commissioner of public lands is authorized to arrange for the
harvesting, sale or other disposition of such crop in such
manner as he deems for the best interest of the state, and
shall pay the proceeds of any such sale into the state treasury
to be credited to the same fund as the rental of the lands
upon which the crop was grown would be credited. [1927
c 255 § 43; RRS § 7797-43. Prior: 1915 c 89 §§ 1, 2.
Formerly RCW 79.12.240.]
79.01.176 Road material—Sale to public authorities—Disposition of proceeds. Any county, city, or town
desiring to purchase any stone, rock, gravel, or sand upon
any state lands to be used in the construction, maintenance,
or repair of any public street, road, or highway within such
county, city, or town, may file with the commissioner of
public lands an application for the purchase thereof, which
application shall set forth the quantity and kind of material
desired to be purchased, the location thereof, and the name,
or other designation, and location of the street, road, or
highway upon which the material is to be used. The
(2002 Ed.)
79.01.160
commissioner of public lands upon the receipt of such an
application is authorized to sell said material in such manner
and upon such terms as he deems advisable and for the best
interest of the state for not less than the fair market value
thereof to be appraised by the commissioner of public lands.
The proceeds of any such sale shall be paid into the state
treasury and credited to the fund to which the proceeds of
the sale of the land upon which the material is situated
would belong. [1982 1st ex.s. c 21 § 155; 1927 c 255 § 44;
RRS § 7797-44. Prior: 1923 c 71 § 1; 1917 c 148 § 13.
Formerly RCW 79.12.250.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.184 Sale procedure—Fixing date, place, and
time of sale—Notice—Publication and posting—
Advertisement for informational purposes only—Direct
sale to applicant without notice, when. When the department of natural resources shall have decided to sell any state
lands or valuable materials thereon, or with the consent of
the board of regents of the University of Washington, or by
legislative directive, shall have decided to sell any lot, block,
tract, or tracts of university lands, or the valuable materials
thereon, it shall be the duty of the department to fix the date,
place, and time of sale, and no sale shall be had on any day
which is a legal holiday.
The department shall give notice of the sale by advertisement published not less than two times during a four
week period prior to the time of sale in at least one newspaper of general circulation in the county in which the whole,
or any part of any lot, block, or tract of land to be sold, or
the material upon which is to be sold is situated, and by
posting a copy of the notice in a conspicuous place in the
department’s Olympia office, the region headquarters
administering such sale, and in the office of the county
auditor of such county. The notice shall specify the place,
date, and time of sale, the appraised value thereof, and
describe with particularity each parcel of land to be sold, or
from which valuable materials are to be sold. In the case of
valuable materials sales, the estimated volume will be
identified and the terms of sale will be available in the
region headquarters and the department’s Olympia office.
The advertisement is for informational purposes only,
and under no circumstances does the information in the
notice of sale constitute a warranty that the purchaser will
receive the stated values, volumes, or acreage. All purchasers are expected to make their own measurements, evaluations, and appraisals.
A direct sale of valuable materials may be sold to the
applicant for cash at full appraised value without notice or
advertising. The board of natural resources shall, by
resolution, establish the value amount of a direct sale not to
exceed twenty thousand dollars in appraised sale value, and
establish procedures to ensure that competitive market prices
and accountability will be guaranteed. [2001 c 250 § 6;
1997 c 116 § 2; 1989 c 148 § 2; 1988 c 136 § 3; 1983 c 2
§ 17. Prior: 1982 1st ex.s. c 21 § 156; 1982 c 27 § 1; 1971
ex.s. c 123 § 2; 1969 ex.s. c 14 § 3; 1959 c 257 § 18; 1927
c 255 § 46; RRS § 7797-46; prior: 1923 c 19 § 1; 1913 c
36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14;
1895 c 178 § 28. Formerly RCW 79.12.300.]
[Title 79 RCW—page 15]
79.01.184
Title 79 RCW: Public Lands
Effective date—1983 c 2 § 17: "Section 17 of this act shall take
effect on July 1, 1983." [1983 c 2 § 18.]
Severability—1983 c 2: See note following RCW 18.71.030.
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
County auditor, transfer of duties: RCW 79.08.170.
School and granted lands, manner and terms of sale: State Constitution
Art. 16 § 2.
79.01.188 Sale procedure—Pamphlet list of lands or
valuable materials. The commissioner of public lands shall
cause to be printed a list of all public lands, or valuable
materials thereon, and the appraised value thereof, that are
to be sold. This list should be published in a pamphlet form
to be issued at least four weeks prior to the date of any sale
of the lands or valuable materials thereon. The list should
be organized by county and by alphabetical order, and
provide sale information to prospective buyers. The commissioner of public lands shall retain for free distribution in
his or her office and the region offices sufficient copies of
the pamphlet, to be kept in a conspicuous place, and, when
requested so to do, shall mail copies of the pamphlet as
issued to any requesting applicant. The commissioner of
public lands may seek additional means of publishing the
information in the pamphlet, such as on the internet, to
increase the number of prospective buyers. [2001 c 250 §
7; 1982 1st ex.s. c 21 § 157; 1959 c 257 § 19; 1927 c 255
§ 47; RRS § 7797-47. Prior: 1923 c 19 § 1; 1913 c 36 §
1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c 89 § 14; 1895 c
178 § 28. Formerly RCW 79.12.310.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
County auditor, transfer of duties: RCW 79.08.170.
79.01.192 Sale procedure—Additional advertising
expense. The commissioner of public lands is authorized to
expend any sum in additional advertising of such sale as he
shall determine to be for the best interest of the state. [1927
c 255 § 48; RRS § 7797-48. Prior: 1923 c 19 § 1; 1897 c
89 § 14. Formerly codified as RCW 79.12.320.]
79.01.196 Sale procedure—Place of sale—Hours—
Reoffer—Continuance. When sales are made by the county
auditor, they shall take place at such place on county
property as the board of county commissioners may direct in
the county in which the whole, or the greater part, of each
lot, block or tract of land, or the material thereon, to be sold,
is situated. All other sales shall be held at the departmental
district offices having jurisdiction over the respective sales.
Sales shall be conducted between the hours of ten o’clock in
the forenoon and four o’clock in the afternoon.
Any sale which has been offered, and for which there
are no bids received shall not be reoffered until it has been
readvertised as specified in RCW 79.01.188 and 79.01.192.
If all sales cannot be offered within the specified time on the
advertised date, the sale shall continue on the following day
between the hours of ten o’clock in the forenoon and four
o’clock in the afternoon. [1965 ex.s. c 23 § 3; 1959 c 257
§ 20; 1927 c 255 § 49; RRS § 7797-49. Prior: 1923 c 19
§ 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897
c 89 § 14; 1895 c 178 § 28. Formerly RCW 79.12.330.]
[Title 79 RCW—page 16]
79.01.200 Sale procedure—Sales at auction or by
sealed bid—Minimum price—Exception as to minor sale
of valuable materials at auction. All sales of land shall be
at public auction, and all sales of valuable materials shall be
at public auction or by sealed bid to the highest bidder, on
the terms prescribed by law and as specified in the notice
provided, and no land or materials shall be sold for less than
its appraised value: PROVIDED, That on public lands
granted to the state for educational purposes sealed bids may
be accepted for sales of timber or stone only: PROVIDED
FURTHER, That when valuable material has been appraised
at an amount not exceeding one hundred thousand dollars,
the department of natural resources, when authorized by the
board of natural resources, may arrange for the sale at public
auction of said valuable material and for its removal under
such terms and conditions as the department may prescribe,
after the department shall have caused to be published not
less than ten days prior to sale a notice of such sale in a
newspaper of general circulation located nearest to property
to be sold. This section does not apply to direct sales
authorized in RCW 79.01.184. [1989 c 148 § 3; 1988 c 136
§ 1; 1979 c 54 § 2; 1975 1st ex.s. c 45 § 1; 1971 ex.s. c
123 § 3; 1969 ex.s. c 14 § 4; 1961 c 73 § 3; 1959 c 257 §
21; 1933 c 66 § 1; 1927 c 255 § 50; RRS § 7797-50. Prior:
1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152
§ 1; 1897 c 89 § 14; 1895 c 178 § 28. Formerly RCW
79.12.340.]
79.01.204 Sale procedure—Conduct of sales—
Deposits—Memorandum of purchase—Bid bonds. Sales
by public auction under this chapter shall be conducted
under the direction of the department of natural resources or
its authorized representative. The department or
department’s representative are hereinafter referred to as
auctioneers. On or before the time specified in the notice of
sale each bidder shall deposit with the auctioneer, in cash or
by certified check, cashier’s check, money order payable to
the order of the department of natural resources, or by bid
guarantee in the form of bid bond acceptable to the department, an amount equal to the deposit specified in the notice
of sale. The deposit shall include a specified amount of the
appraised price for the land or valuable materials offered for
sale, together with any fee required by law for the issuance
of contracts, deeds, or bills of sale. Said deposit may, when
prescribed in notice of sale, be considered an opening bid of
an amount not less than the minimum appraised price
established in the notice of sale. The successful bidder’s
deposit will be retained by the auctioneer and the difference,
if any, between the deposit and the total amount due shall on
the day of the sale be paid in cash, certified check, cashier’s
check, bank draft, or money order, made payable to the
department. If a bid bond is used, the share of the total
deposit due guaranteed by the bid bond shall, within ten days
of the day of sale, be paid in cash, certified check, cashier’s
check, money order, or other acceptable payment method
payable to the department. Other deposits, if any, shall be
returned to the respective bidders at the conclusion of each
sale. The auctioneer shall deliver to the purchaser a memorandum of his or her purchase containing a description of the
land or materials purchased, the price bid, and the terms of
(2002 Ed.)
Public Lands Act
the sale. The auctioneer shall at once send to the department
the cash, certified check, cashier’s check, bank draft, money
order, bid guarantee, or other acceptable payment method
received from the purchaser, and a copy of the memorandum
delivered to the purchaser, together with such additional
report of his or her proceedings with reference to such sales
as may be required by the department. [2001 c 250 § 8;
1982 c 27 § 2; 1979 c 54 § 3; 1961 c 73 § 4; 1959 c 257 §
22; 1927 c 255 § 51; RRS § 7797-51. Prior: 1923 c 19 §
1; 1913 c 36 § 1; 1909 c 223 § 4; 1907 c 152 § 1; 1897 c
89 § 14; 1895 c 178 § 28. Formerly RCW 79.12.350.]
79.01.208 Sale procedure—Readvertisement of
lands not sold. If any land so offered for sale be not sold
the same may again be advertised for sale, as provided in
this chapter, whenever in the opinion of the commissioner of
public lands it shall be expedient so to do, and such land
shall be again advertised and offered for sale as herein
provided, whenever any person shall apply to the commissioner in writing to have such land offered for sale and shall
agree to pay, at least the appraised value thereof and shall
deposit with the commissioner at the time of making such
application a sufficient sum of money to pay the cost of
advertising such sale. [1927 c 255 § 52; RRS § 7797-52.
Prior: 1923 c 19 § 1; 1913 c 36 § 1; 1909 c 223 § 4; 1907
c 152 § 1; 1897 c 89 § 14; 1895 c 178 § 24. Formerly
RCW 79.12.360.]
79.01.212 Sale procedure—Confirmation of sale. If
no affidavit showing that the interest of the state in such sale
was injuriously affected by fraud or collusion, shall be filed
with the department of natural resources within ten days
from the receipt of the report of the auctioneer conducting
the sale of any state lands, or valuable material thereon, and
it shall appear from such report that the sale was fairly
conducted, that the purchaser was the highest bidder at such
sale, and that his bid was not less than the appraised value
of the property sold, and if the department shall be satisfied
that the lands, or material, sold would not, upon being
readvertised and offered for sale, sell for at least ten percent
more than the price at which it shall have been sold, and that
the payment, required by law to be made at the time of
making the sale, has been made, and that the best interests
of the state may be subserved thereby, the department shall
enter upon its records a confirmation of sale and thereupon
issue to the purchaser a contract of sale, deed or bill of sale,
as the case may be, as in this chapter provided. [1982 1st
ex.s. c 21 § 158; 1959 c 257 § 23; 1927 c 255 § 53; RRS §
7797-53. Prior: 1907 c 256 § 7; 1903 c 79 § 2; 1897 c 89
§ 15; 1895 c 178 § 29. Formerly RCW 79.12.370.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
County auditor, transfer of duties: RCW 79.08.170.
79.01.216 Sale procedure—Terms—Deferred
payments, rate of interest. All state lands shall be sold on
terms and conditions established by the board of natural
resources in light of market conditions. Sales by real estate
contract or for cash may be authorized. All deferred
payments shall draw interest at such rate as may be fixed,
from time to time, by rule adopted by the board of natural
(2002 Ed.)
79.01.204
resources, and the rate of interest, as so fixed at the date of
each sale, shall be stated in all advertising for and notice of
sale and in the contract of sale. All remittances for payment
of either principal or interest shall be forwarded to the
department of natural resources. [1984 c 222 § 11; 1982 1st
ex.s. c 21 § 159; 1969 ex.s. c 267 § 1; 1959 c 257 § 24;
1927 c 255 § 54; RRS § 7797-54. Prior: 1917 c 149 § 1;
1915 c 147 § 3; 1907 c 256 § 3; 1897 c 89 § 16; 1895 c 178
§§ 25, 29. Formerly RCW 79.12.380.]
Severability—Effective date—1984 c 222: See RCW 79.66.900 and
79.66.901.
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.220 Sale procedure—Certificate to governor
of payment in full—Deed. When the entire purchase price
of any state lands shall have been fully paid, the commissioner of public lands shall certify such fact to the governor,
and shall cause a deed signed by the governor and attested
by the secretary of state, with the seal of the state attached
thereto, to be issued to the purchaser and to be recorded in
the office of the commissioner of public lands, and no fee
shall be required for any deed of land issued by the governor
other than the fee provided for in this chapter. [1982 1st
ex.s. c 21 § 160; 1959 c 257 § 25; 1927 c 255 § 55; RRS §
7797-55. Prior: 1917 c 149 § 1; 1915 c 147 § 3; 1907 c
256 § 3; 1897 c 89 § 16; 1895 c 178 §§ 25, 29. Formerly
RCW 79.12.390.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.224 Sale procedure—Reservation in contract.
Each and every contract for the sale of, and each deed to,
state lands shall contain the following reservation: "The
party of the first part hereby expressly saves, excepts, and
reserves out of the grant hereby made, unto itself and its
successors and assigns forever, all oils, gases, coal, ores,
minerals, and fossils of every name, kind, or description, and
which may be in or upon said lands above described, or any
part thereof, and the right to explore the same for such oils,
gases, coal, ores, minerals, and fossils; and it also hereby expressly saves and reserves out of the grant hereby made,
unto itself and its successors and assigns forever, the right to
enter by itself or its agents, attorneys, and servants upon said
lands, or any part or parts thereof, at any and all times, for
the purpose of opening, developing, and working mines
thereon, and taking out and removing therefrom all such oils,
gases, coal, ores, minerals, and fossils, and to that end it
further expressly reserves out of the grant hereby made, unto
itself its successors and assigns, forever, the right by its or
their agents, servants, and attorneys at any and all times to
erect, construct, maintain, and use all such buildings,
machinery, roads, and railroads, sink such shafts, remove
such soil, and to remain on said lands or any part thereof for
the business of mining and to occupy as much of said lands
as may be necessary or convenient for the successful prosecution of such mining business, hereby expressly reserving
to itself and its successors and assigns, as aforesaid, generally, all rights and powers in, to, and over said land, whether
herein expressed or not, reasonably necessary or convenient
to render beneficial and efficient the complete enjoyment of
the property and the rights hereby expressly reserved.
[Title 79 RCW—page 17]
79.01.224
Title 79 RCW: Public Lands
No rights shall be exercised under the foregoing
reservation, by the state or its successors or assigns, until
provision has been made by the state or its successors or
assigns, to pay to the owner of the land upon which the
rights reserved under this section to the state or its successors or assigns, are sought to be exercised, full payment for
all damages sustained by said owner, by reason of entering
upon said land: PROVIDED, That if said owner from any
cause whatever refuses or neglects to settle said damages,
then the state or its successors or assigns, or any applicant
for a lease or contract from the state for the purpose of
prospecting for or mining valuable minerals, or option
contract, or lease, for mining coal, or lease for extracting
petroleum or natural gas, shall have the right to institute such
legal proceedings in the superior court of the county wherein
the land is situate, as may be necessary to determine the
damages which said owner of said land may suffer." [1982
1st ex.s. c 21 § 161; 1927 c 255 § 56; RRS § 7797-56.
Prior: 1917 c 149 § 1; 1915 c 147 § 3; 1907 c 256 § 3;
1897 c 89 § 16; 1895 c 178 §§ 25, 29. Formerly RCW
79.12.410.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.228 Sale procedure—Form of contract—
Forfeiture—Extension of time. The purchaser of state
lands under the provisions of this chapter, except in cases
where the full purchase price is paid at the time of the
purchase, shall enter into and sign a contract with the state,
to be signed by the commissioner of public lands on behalf
of the state, with the seal of his office attached, and in a
form to be prescribed by the attorney general, in which he
shall covenant that he will make the payments of principal
and interest, computed from the date the contract is issued,
when due, and that he will pay all taxes and assessments that
may be levied or assessed on such land, and that on failure
to make the payments as prescribed in this chapter when due
all rights of the purchaser under said contract may, at the
election of the commissioner of public lands, acting for the
state, be forfeited, and that when forfeited the state shall be
released from all obligation to convey the land. The
purchaser’s rights under the real estate contract shall not be
forfeited except as provided in chapter 61.30 RCW.
The contract provided for in this section shall be
executed in duplicate, and one copy shall be retained by the
purchaser and the other shall be filed in the office of the
commissioner of public lands.
The commissioner of public lands may, as he deems
advisable, extend the time for payment of principal and
interest on contracts heretofore issued, and contracts to be
issued under this chapter.
The commissioner of public lands shall notify the
purchaser of any state lands in each instance when payment
on his contract is overdue, and that he is liable to forfeiture
if payment is not made when due. [1985 c 237 § 18; 1982
1st ex.s. c 21 § 162; 1959 c 257 § 26; 1927 c 255 § 57;
RRS § 7797-57. Prior: 1897 c 89 §§ 17, 18, 27; 1895 c
178 §§ 30, 31. Formerly RCW 79.12.400.]
Severability—Effective date—Application—1985 c 237: See RCW
61.30.905 and 61.30.910.
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
[Title 79 RCW—page 18]
79.01.232 Bill of sale for valuable materials sold
separately. When valuable materials are sold separate from
the land and the purchase price is paid in full, the commissioner of public lands shall cause a bill of sale, signed by the
commissioner and attested by the seal of his or her office,
setting forth the time within which such material shall be
removed, to be issued to the purchaser and to be recorded in
the office of the commissioner of public lands, upon the
payment of the fee provided for in this chapter. [2001 c 250
§ 9; 1927 c 255 § 58; RRS § 7797-58. Formerly RCW
79.12.420.]
79.01.236 Subdivision of contracts or leases—Fee.
Whenever the holder of a contract of purchase of any state
lands, or the holder of any lease of any such lands, except
for mining of valuable minerals or coal, or extraction of
petroleum or gas, shall surrender the same to the commissioner with the request to have it divided into two or more
contracts, or leases, the commissioner may divide the same
and issue new contracts, or leases, but no new contract, or
lease, shall issue while there is due and unpaid any interest,
rental, or taxes or assessments on the land held under such
contract or lease, nor in any case where the commissioner is
of the opinion that the state’s security would be impaired or
endangered by the proposed division. For all such new
contracts, or leases, a fee as determined by the board of
natural resources for each new contract or lease issued, shall
be paid by the applicant and such fee shall be paid into the
state treasury to the resource management cost account fund
established in the general fund pursuant to RCW 79.64.010.
[1982 1st ex.s. c 21 § 163; 1979 ex.s. c 109 § 8; 1959 c 257
§ 27; 1955 c 394 § 2; 1927 c 255 § 59; RRS § 7797-59.
Prior: 1903 c 79 § 3. Formerly RCW 79.12.260.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.238 Valuable materials contract—
Impracticable to perform/cancellation—Substitute valuable materials. (1) In the event that the department of
natural resources determines that regulatory requirements or
some other circumstance beyond the control of both the
department and the purchaser has made a valuable materials
contract wholly or partially impracticable to perform, the department may cancel any portion of the contract which could
not be performed. In the event of such a cancellation, the
purchaser shall not be liable for the purchase price of any
portions of the contract so canceled. Market price fluctuations shall not constitute an impracticable situation for
valuable materials contracts.
(2) Alternatively, and notwithstanding any other provision in this title, the department of natural resources may
substitute valuable materials from another site in exchange
for any valuable materials which the department determines
have become impracticable to remove under the original
contract. Any substituted valuable materials must belong to
the identical trust involved in the original contract, and the
substitute materials shall be determined by the department of
natural resources to have an appraised value that is not
greater than the valuable materials remaining under the
(2002 Ed.)
Public Lands Act
original contract. The substitute valuable materials and site
shall remain subject to all applicable permitting requirements
and the state environmental policy act, chapter 43.21C RCW,
for the activities proposed at that site. In any such substitution, the value of the materials substituted shall be fixed at
the purchase price of the original contract regardless of
subsequent market changes. Consent of the purchaser shall
be required for any substitution under this section. [2001 c
250 § 18.]
79.01.240 Effect of mistake or fraud. Any sale,
transfer, or lease of state lands in which the purchaser,
transfer recipient, or lessee obtains the sale or lease by fraud
or misrepresentation is void, and the contract of purchase or
lease shall be of no effect. In the event of fraud, the
contract, transferred property, or lease must be surrendered
to the department of natural resources, but the purchaser,
transfer recipient, or lessee may not be refunded any money
paid on account of the surrendered contract, transfer, or
lease. In the event that a mistake is discovered in the sale
or lease of state lands, or in the sale of valuable materials on
state lands, the department may take action to correct the
mistake in accordance with RCW 79.01.740 if maintaining
the corrected contract, transfer, or lease is in the best
interests of the affected trust or trusts. [2001 c 250 § 11;
1982 1st ex.s. c 21 § 164; 1959 c 257 § 28; 1927 c 255 §
60; RRS § 7797-60. Prior: 1903 c 79 § 3. Formerly RCW
79.12.280.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.242 Lease of state lands—General. (1)
Subject to other provisions of this chapter and subject to
rules adopted by the board of natural resources, the department may lease state lands for purposes it deems advisable,
including, but not limited to, commercial, industrial, residential, agricultural, and recreational purposes in order to obtain
a fair market rental return to the state or the appropriate
constitutional or statutory trust. Every lease issued by the
department, shall contain: (a) The specific use or uses to
which the land is to be employed; (b) the improvements
required: PROVIDED, That a minimum reasonable time is
allowed for the completion of the improvements; (c) the rent
is payable in advance in quarterly, semiannual, or annual
payments, as determined by the department or as agreed
upon by the lessee and the department of natural resources;
(d) other terms and conditions as the department deems
advisable, subject to review by the board of natural resources, to more nearly effectuate the purposes of the state
Constitution and of this chapter.
(2) The department may authorize the use of state land
by lease at state auction for initial leases or by negotiation
for existing leases. Notice of intent to lease by negotiation
shall be published in at least two newspapers of general
circulation in the area in which the land which is to be the
subject of negotiation is located within the ninety days
immediately preceding commencement of negotiations.
(3) Leases which authorize commercial, industrial, or
residential uses on state lands may be entered into by
negotiation. Negotiations shall be subject to rules of the
(2002 Ed.)
79.01.238
board of natural resources. At the option of the department,
these leases may be placed for bid at public auction.
(4) Any person, firm or corporation desiring to lease
any state lands for any purpose not prohibited by law, may
make application to the department, describing the lands
sought to be leased on forms to be provided by the department.
(5) Notwithstanding any provision in this chapter to the
contrary, in leases for residential purposes, the board of
natural resources may waive or modify any conditions of the
lease if the waiver or modification is necessary to enable any
federal agency or lending institution authorized to do
business in this state or elsewhere in the United States to
participate in any loan secured by a security interest in a
leasehold interest.
(6) Upon expiration of the lease term, if the leased land
is not otherwise utilized, the department may allow the
lessee to continue to hold the land for a period not exceeding
one year upon such rent, terms, and conditions as the
department may prescribe. Upon the expiration of the one
year extension, if the department has not yet determined the
disposition of the land for other purposes, the department
may issue a temporary permit to the lessee upon terms and
conditions it prescribes. The temporary permit may not
extend beyond a five year period. [1984 c 222 § 12; 1979
ex.s. c 109 § 10.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1984 c 222: See RCW 79.66.900 and
79.66.901.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.244 Land leased for agriculture open to
public for fishing and hunting—Exceptions. All state
lands hereafter leased for grazing or agricultural purposes
shall be open and available to the public for purposes of
hunting and fishing unless closed to public entry because of
fire hazard or unless the department of natural resources
gives prior written approval and the area is lawfully posted
by lessee to prohibit hunting and fishing thereon in order to
prevent damage to crops or other land cover, to improvements on the land, to livestock, to the lessee, or to the
general public, or closure is necessary to avoid undue
interference with carrying forward a departmental or agency
program. In the event any such lands are so posted it shall
be unlawful for any person to hunt or fish on any such
posted lands.
The department of natural resources shall insert the
provisions of this section in all grazing and agricultural
leases hereafter issued. [1979 ex.s. c 109 § 9; 1969 ex.s. c
46 § 1; 1959 c 257 § 29; 1947 c 171 § 1; 1927 c 255 § 61;
RRS § 7797-61. Prior: 1915 c 147 § 4; 1903 c 79 § 4;
1897 c 89 § 19; 1895 c 178 § 32. Formerly RCW
79.12.430.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
[Title 79 RCW—page 19]
79.01.248
Title 79 RCW: Public Lands
79.01.248 Lease procedure—Scheduling auctions.
When the department of natural resources shall have decided
to lease any state lands at public auction it shall be the duty
of the department to fix the date, place, and time when such
lands shall be offered for lease. [1979 ex.s. c 109 § 11;
1927 c 255 § 62; RRS § 7797-62. Prior: 1897 c 89 § 20.
Formerly RCW 79.12.440.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.252 Lease procedure—Notice to be posted—
Lease to highest bidder. The department shall give thirty
days notice of the public auction leasing by posting in some
conspicuous place in the county auditor’s office, the office
of the commissioner of public lands and the area headquarters of the department of natural resources administering
such lease, and in at least two newspapers of general
circulation in the area in which the leasing shall occur. The
notice shall specify the place and time of auction, the
appraised value thereof, and describe each parcel to be
leased, and the terms and conditions of the lease.
The leasing shall be conducted under the direction of
the commissioner of public lands by his authorized representative, or by the auditor for the county in which the land to
be leased is located. The commissioner’s representative and
the county auditor are hereinafter referred to as auctioneers.
The commissioner of public lands is authorized to
expend an amount necessary in additional advertising of such
lease as he shall determine to be for the best interest of the
state.
When leases are auctioned by the county auditor the
auction shall take place in the county where the state land to
be leased is situated at such place as specified in the notice.
All other leases shall be held at the departmental area office
having jurisdiction over the leases. Auction shall be conducted between the hours of ten o’clock in the morning and
four o’clock in the afternoon. All leasing at public auction
shall be by oral or by sealed bid to the highest bidder on the
terms prescribed by law and as specified in the notice
hereinbefore provided, and no state land shall be leased for
less than the appraised value. [1979 ex.s. c 109 § 12; 1927
c 255 § 63; RRS § 7797-63. Prior: 1897 c 89 § 21; 1895
c 178 § 37. Formerly RCW 79.12.450.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
County auditor, transfer of duties: RCW 79.08.170.
79.01.256 Lease procedure—Rental payment. The
person or persons to whom any lease of state lands is
awarded, shall pay to the auctioneer in cash or by certified
check or accepted draft on any bank in this state, the rental
in accordance with his bid, and thereafter all rentals shall be
paid in advance to the commissioner of public lands. [1979
ex.s. c 109 § 13; 1927 c 255 § 64; RRS § 7797-64. Prior:
1897 c 89 § 22. Formerly RCW 79.12.460.]
[Title 79 RCW—page 20]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.260 Lease procedure—Disposition of moneys.
When any state lands have been leased, the auctioneer shall
send to the commissioner such cash, certified check, draft or
money order received from the successful bidder, together
with any additional report of his proceedings as may be required by the commissioner. [1979 ex.s. c 109 § 14; 1927
c 255 § 65; RRS § 7797-65. Prior: 1915 c 147 § 5; 1903
c 79 § 5; 1897 c 89 § 23. Formerly RCW 79.12.470.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.264 Lease procedure—Rejection or approval
of leases. The department of natural resources may reject
any and all bids for leases when the interests of the state
shall justify it, and in such case it shall forthwith refund to
the person paying the same, any rental and bid deposit upon
the return of receipts issued therefor. If the department
approves any leasing made by the auctioneer it shall proceed
to issue a lease to the successful bidder upon a form approved by the attorney general. All such leases shall be in
duplicate, both to be signed by the lessee, and by the
department. The original lease shall be forwarded to the
lessee and the duplicate copy kept in the office of the
department. [1985 c 197 § 2; 1979 ex.s. c 109 § 15; 1927
c 255 § 66; RRS § 7797-66. Prior: 1897 c 89 §§ 24, 26.
Formerly RCW 79.12.480.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.268 Lease procedure—Record of leases—
Forfeiture—Time extension. The commissioner of public
lands shall keep a full and complete record of all leases issued under the provisions of the preceding sections and the
payments made thereon. If such rental be not paid on or
before the date the same becomes due, according to the
terms of the lease, the commissioner of public lands shall
declare a forfeiture, cancel the lease and eject the lessee
from the land: PROVIDED, That the commissioner of
public lands may extend the time for payment of annual
rental when, in his judgment, the interests of the state will
not be prejudiced thereby. [1979 ex.s. c 109 § 16; 1933 c
139 § 1; 1927 c 255 § 67; RRS § 7797-67. Prior: 1915 c
147 § 6; 1909 c 223 § 5; 1897 c 89 § 25. Formerly RCW
79.12.490.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
(2002 Ed.)
Public Lands Act
79.01.277 Lease procedure—Converting to a new
lease. Holders of existing leases for state lands may apply
for a conversion to a new lease as authorized by this chapter
within two years of September 26, 1979. The amount of
time expired under any existing lease so converted shall be
included in the calculation of the maximum lease term
allowed in RCW 79.01.096. [1979 ex.s. c 109 § 17.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.284 Water right for irrigation as improvement. At any time during the existence of any lease of state
lands, except lands leased for the purpose of mining of
valuable minerals, or coal, or extraction of petroleum or gas,
the lessee with the consent of the commissioner of public
lands, first obtained, by written application, showing the cost
and benefits to be derived thereby, may purchase or acquire
a water right appurtenant to and in order to irrigate the land
leased by him, and if such water right shall become a
valuable and permanent improvement to the lands, then, in
case of the sale or lease of such lands to other parties, the
lessee acquiring such water right shall be entitled to receive
the value thereof as in case of other improvements which he
has placed upon the land. [1959 c 257 § 32; 1927 c 255 §
71; RRS § 7797-71. Prior: 1903 c 79 § 7; 1897 c 89 § 31;
1895 c 178 § 41. Formerly RCW 79.12.530.]
79.01.292 Assignment of contracts or leases. All
contracts of purchase, or leases, of state lands issued by the
department of natural resources shall be assignable in writing
by the contract holder or lessee and the assignee shall be
subject to and governed by the provisions of law applicable
to the purchaser, or lessee, of whom he is the assignee, and
shall have the same rights in all respects as the original
purchaser, or lessee, of the lands, provided the assignment is
approved by the department of natural resources and entered
of record in its office. [1982 1st ex.s. c 21 § 165; 1927 c
255 § 73; RRS § 7797-73. Prior: 1903 c 79 § 8. Formerly
RCW 79.12.270.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.295 Grazing lands—Fish and wildlife goals—
Technical advisory committee—Implementation. (1) By
December 31, 1993, the department of fish and wildlife shall
develop goals for the wildlife and fish that this agency
manages, to preserve, protect, and perpetuate wildlife and
fish on shrub steppe habitat or on lands that are presently
agricultural lands, rangelands, or grazable woodlands. These
goals shall be consistent with the maintenance of a healthy
ecosystem.
(2) By July 31, 1993, the conservation commission shall
appoint a technical advisory committee to develop standards
that achieve the goals developed in subsection (1) of this
section. The committee members shall include but not be
limited to technical experts representing the following
interests: Agriculture, academia, range management,
utilities, environmental groups, commercial and recreational
fishing interests, the Washington rangelands committee,
(2002 Ed.)
79.01.277
Indian tribes, the department of fish and wildlife, the
department of natural resources, the department of ecology,
conservation districts, and the department of agriculture. A
member of the conservation commission shall chair the
committee.
(3) By December 31, 1994, the committee shall develop
standards to meet the goals developed under subsection (1)
of this section. These standards shall not conflict with the
recovery of wildlife or fish species that are listed or proposed for listing under the federal endangered species act.
These standards shall be utilized to the extent possible in
development of coordinated resource management plans to
provide a level of management that sustains and perpetuates
renewable resources, including fish and wildlife, riparian
areas, soil, water, timber, and forage for livestock and
wildlife. Furthermore, the standards are recommended for
application to model watersheds designated by the Northwest
power planning council in conjunction with the conservation
commission. The maintenance and restoration of sufficient
habitat to preserve, protect, and perpetuate wildlife and fish
shall be a major component included in the standards and
coordinated resource management plans. Application of
standards to privately owned lands is voluntary and may be
dependent on funds to provide technical assistance through
conservation districts.
(4) The conservation commission shall approve the
standards and shall provide them to the departments of
natural resources and fish and wildlife, each of the conservation districts, and Washington State University cooperative
extension service. The conservation districts shall make
these standards available to the public and for coordinated
resource management planning. Application to private lands
is voluntary.
(5) The department of natural resources shall implement
practices necessary to meet the standards developed pursuant
to this section on department managed agricultural and
grazing lands, consistent with the trust mandate of the
Washington state Constitution and Title 79 RCW. The
standards may be modified on a site-specific basis as needed
to achieve the fish and wildlife goals, and as determined by
the department of fish and wildlife, and the department of
natural resources. Existing lessees shall be provided an
opportunity to participate in any site-specific field review.
Department agricultural and grazing leases issued after
December 31, 1994, shall be subject to practices to achieve
the standards that meet those developed pursuant to this
section. [1998 c 245 § 162; 1993 sp.s. c 4 § 5.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
79.01.2951 Findings—Salmon stocks—Grazing
lands—Coordinated resource management plans. The
legislature finds that many wild stocks of salmonids in the
state of Washington are in a state of decline. Stocks of
salmon on the Columbia and Snake rivers have been listed
under the federal endangered species act, and the bull trout
has been petitioned for listing. Some scientists believe that
numerous other stocks of salmonids in the Pacific Northwest
are in decline or possibly extinct. The legislature declares
that to lose wild stocks is detrimental to the genetic diversity
of the fisheries resource and the economy, and will represent
the loss of a vital component of Washington’s aquatic
[Title 79 RCW—page 21]
79.01.2951
Title 79 RCW: Public Lands
ecosystems. The legislature further finds that there is a
continuing loss of habitat for fish and wildlife. The legislature declares that steps must be taken in the areas of wildlife
and fish habitat management, water conservation, wild
salmonid stock protection, and education to prevent further
losses of Washington’s fish and wildlife heritage from a
number of causes including urban and rural subdivisions,
shopping centers, industrial park, and other land use activities.
The legislature finds that the maintenance and restoration of Washington’s rangelands and shrub-steppe vegetation
is vital to the long-term benefit of the people of the state.
The legislature finds that approximately one-fourth of the
state is open range or open-canopied grazable woodland.
The legislature finds that these lands provide forage for
livestock, habitat for wildlife, and innumerable recreational
opportunities including hunting, hiking, and fishing.
The legislature finds that the development of coordinated resource management plans, that take into consideration
the needs of wildlife, fish, livestock, timber production,
water quality protection, and rangeland conservation on all
state-owned grazing lands will improve the stewardship of
these lands and allow for the increased development and
maintenance of fish and wildlife habitat and other multipurpose benefits the public derives from these lands.
The legislature finds that the state currently provides
insufficient technical support for coordinated resource
management plans to be developed for all state-owned lands
and for many of the private lands desiring to develop such
plans. As a consequence of this lack of technical assistance,
our state grazing lands, including fish and wildlife habitat
and other resources provided by these lands, are not achieving their potential. The legislature also finds that with many
state lands being intermixed with private grazing lands,
development of coordinated resource management plans on
state-owned and managed lands provides an opportunity to
improve the management and enhance the conditions of
adjacent private lands.
A purpose of chapter 4, Laws of 1993 sp. sess. is to
establish state grazing lands as the model in the state for the
development and implementation of standards that can be
used in coordinated resource management plans and to
thereby assist the timely development of coordinated
resource management plans for all state-owned grazing
lands. Every lessee of state lands who wishes to participate
in the development and implementation of a coordinated
resource management plan shall have the opportunity to do
so. [1996 c 163 § 2. Prior: 1993 sp.s. c 4 § 1.]
management approach in selecting and implementing
practices that work towards meeting the standards based on
the best available science and evaluation tools.
(3) For as long as the chapter 4, Laws of 1993 sp. sess.
ecosystem standards remain in effect, they shall be applied
through a collaborative process that incorporates the following principles:
(a) The land manager and lessee or permittee shall look
at the land together and make every effort to reach agreement on management and resource objectives for the land
under consideration;
(b) They will then discuss management options and
make every effort to reach agreement on which of the
available options will be used to achieve the agreed-upon
objectives;
(c) No land manager or owner ever gives up his or her
management prerogative;
(d) Efforts will be made to make land management
plans economically feasible for landowners, managers, and
lessees and to make the land management plan compatible
with the lessee’s entire operation;
(e) Coordinated resource management planning is
encouraged where either multiple ownerships, or management practices, or both, are involved;
(f) The department of fish and wildlife shall consider
multiple use, including grazing, on lands owned or managed
by the department of fish and wildlife where it is compatible
with the management objectives of the land; and
(g) The department of natural resources shall allow
multiple use on lands owned or managed by the department
of natural resources where multiple use can be demonstrated
to be compatible with RCW 79.68.010, 79.68.020, and
79.68.050.
(4) The ecosystem standards are to be achieved by
applying appropriate land management practices on riparian
lands and on the uplands in order to reach the desired
ecological conditions.
(5) The legislature urges that state agencies that manage
grazing lands make planning and implementation of chapter
163, Laws of 1996, using the coordinated resource management and planning process, a high priority, especially where
either multiple ownerships, or multiple use resources
objectives, or both, are involved. In all cases, the choice of
using the coordinated resource management planning process
will be a voluntary decision by all concerned parties including agencies, private landowners, lessees, permittees, and
other interests. [1996 c 163 § 1.]
79.01.2955 Purpose—Ecosystem standards. (1) It is
the purpose of chapter 163, Laws of 1996 that all state
agricultural lands, grazing lands, and grazeable woodlands
shall be managed in keeping with the statutory and constitutional mandates under which each agency operates. Chapter
163, Laws of 1996 is consistent with section 1, chapter 4,
Laws of 1993 sp. sess.
(2) The ecosystem standards developed under chapter 4,
Laws of 1993 sp. sess. for state-owned agricultural and
grazing lands are defined as desired ecological conditions.
The standards are not intended to prescribe practices. For
this reason, land managers are encouraged to use an adaptive
79.01.296 Grazing leases—Restrictions—
Agricultural leases in lieu of. The lessee, or assignee of
any lease, of state lands, leased for grazing purposes, shall
not use the same for any other purpose than that expressed
in the lease: PROVIDED, That such lessee, or his assignee,
of state lands, may surrender his lease to the commissioner
of public lands and request the commissioner to issue an
agricultural lease in lieu thereof, and in such case, the
commissioner upon the payment of the fixed rental for
agricultural purposes under the appraisement of said land
shall be authorized to issue a new lease, for the unexpired
portion of the term of the lease surrendered, under which the
lessee shall be permitted to clear, plow and cultivate the
[Title 79 RCW—page 22]
(2002 Ed.)
Public Lands Act
lands as in the case of an original lease for agricultural
purposes. [1959 c 257 § 34; 1927 c 255 § 74; RRS § 779774. Prior: 1903 c 79 § 8. Formerly RCW 79.12.550.]
79.01.300 Leased lands reserved from sale—
Exception. State lands held under lease as above provided
shall not be offered for sale, or sold, during the life of the
lease, except upon application of the lessee. [1927 c 255 §
75; RRS § 7797-75. Prior: 1897 c 89 § 23. Formerly
RCW 79.12.560.]
79.01.301 Sale of lands used for grazing or other
low priority purposes which have irrigated agricultural
potential—Applications—Regulations. (1) The purpose of
this section is to provide revenues to the state and its various
taxing districts through the sale of public lands which are
currently used primarily for grazing and similar low priority
purposes, by enabling their development as irrigated agricultural lands.
(2) All applications for the purchase of lands of the
foregoing character, when accompanied by a proposed plan
of development of the lands for a higher priority use, shall
be individually reviewed by the board of natural resources.
The board shall thereupon determine whether the sale of the
lands is in the public interest and upon an affirmative finding
shall offer such lands for sale under the applicable provisions
of this chapter: PROVIDED, That any such parcel of land
shall be sold to the highest bidder but only at a bid equal to
or higher than the last appraised valuation thereof as established by appraisers for the department for any such parcel
of land: PROVIDED FURTHER, That any lands lying
within United States reclamation areas, the sale price of
which is limited or otherwise regulated pursuant to federal
reclamation laws or regulations thereunder, need not be
offered for sale so long as such limitations or regulations are
applicable thereto.
(3) The department of natural resources shall make
appropriate regulations defining properties of such irrigated
agricultural potential and shall take into account the economic benefits to the locality in classifying such properties for
sale. [1967 ex.s. c 78 § 5.]
79.01.304 Abstracts of state lands. The commissioner of public lands shall cause full and correct abstracts of all
the state lands to be made and kept in his office in suitable
and well bound books, and other suitable records. Such abstracts shall show in proper columns and pages the section
or part of section, lot or block, township and range in which
each tract is situated, whether timber or prairie, improved or
unimproved, the appraised value per acre, the value of
improvements and the value of damages, and the total value,
the several values of timber, stone, gravel, or other valuable
materials thereon, the date of sale, the name of purchaser,
sale price per acre, the date of lease, the name of lessee, the
term of the lease, the annual rental, amount of cash paid,
amount unpaid and when due, amount of annual interest, and
in proper columns such other facts as may be necessary to
show a full and complete abstract of the conditions and
circumstances of each tract or parcel of land from the time
the title was acquired by the state until the issuance of a
deed or other disposition of the land by the state. [1982 1st
(2002 Ed.)
79.01.296
ex.s. c 21 § 166; 1927 c 255 § 76; RRS § 7797-76. Prior:
(i) 1897 c 89 § 32; RRS § 7823. (ii) 1911 c 59 § 9; RRS §
7899. Formerly RCW 43.12.080.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.308 Applications for federal certification that
lands are nonmineral. The commissioner of public lands
is authorized and directed to make applications, and to cause
publication of notices of applications, to the interior department of the United States for certification that any land
granted to the state is nonmineral in character, in accordance
with the rules of the general land office of the United States.
[1927 c 255 § 77; RRS § 7797-77. Prior: 1897 c 89 § 33.
Formerly RCW 79.08.130.]
79.01.312 Certain state lands subject to easements
for removal of valuable materials. All state lands granted,
sold or leased since the fifteenth day of June, 1911, or
hereafter granted, sold or leased, containing timber, minerals,
stone, sand, gravel, or other valuable materials, or when
other state lands contiguous or in proximity thereto contain
any such valuable materials, shall be subject to the right of
the state, or any grantee or lessee thereof who has acquired
such other lands, or any such valuable materials thereon,
since the fifteenth day of June, 1911, or hereafter acquiring
such other lands or valuable materials thereon, to acquire the
right of way over such lands so granted, sold or leased, for
private railroads, skid roads, flumes, canals, watercourses or
other easements for the purpose of, and to be used in,
transporting and moving such valuable materials from such
other lands, over and across the lands so granted or leased,
upon the state, or its grantee or lessee, paying to the owner
of lands so granted or sold, or the lessee of the lands so
leased, reasonable compensation therefor. In case the parties
interested cannot agree upon the damages incurred, the same
shall be ascertained and assessed in the same manner as
damages are ascertained and assessed against a railroad
company seeking to condemn private property. [1982 1st
ex.s. c 21 § 167; 1927 c 255 § 78; RRS § 7797-78. Prior:
1911 c 109 § 1. Formerly RCW 79.36.010.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
Railroads, eminent domain: RCW 81.36.010 and 81.53.180.
Similar enactment: RCW 79.36.230.
State lands, eminent domain: RCW 8.28.010.
79.01.316 Certain state lands subject to easements
for removal of valuable materials—Private easement over
public lands subject to common user in removal of
valuable materials. Every grant, deed, conveyance, contract
to purchase or lease made since the fifteenth day of June,
1911, or hereafter made to any person, firm, or corporation,
for a right of way for a private railroad, skid road, canal,
flume, watercourse, or other easement, over or across any
state lands for the purpose of, and to be used in, transporting
and moving timber, minerals, stone, sand, gravel, or other
valuable materials of the land, shall be subject to the right of
the state, or any grantee or lessee thereof, or other person
who has acquired since the fifteenth day of June, 1911, or
shall hereafter acquire, any lands containing valuable
[Title 79 RCW—page 23]
79.01.316
Title 79 RCW: Public Lands
materials contiguous to, or in proximity to, such right of
way, or who has so acquired or shall hereafter acquire such
valuable materials situated upon state lands or contiguous to,
or in proximity to, such right of way, of having such
valuable materials transported or moved over such private
railroad, skid road, flume, canal, watercourse, or other
easement, after the same is or has been put in operation,
upon paying therefor just and reasonable rates for transportation, or for the use of such private railroad, skid road, flume,
canal, watercourse, or other easement, and upon complying
with just, reasonable and proper rules and regulations
relating to such transportation or use, which rates, rules, and
regulations, shall be under the supervision and control of the
utilities and transportation commission. [1982 1st ex.s. c 21
§ 168; 1927 c 255 § 79; RRS § 7797-79. Prior: 1911 c 109
§ 2. Formerly RCW 79.36.020.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
Similar enactment: RCW 79.36.240.
Washington utilities and transportation commission: Chapter 80.01 RCW.
79.01.320 Certain state lands subject to easements
for removal of valuable materials—Reasonable facilities
and service for transportation must be furnished. Any
person, firm or corporation, having acquired such right of
way or easement since the fifteenth day of June, 1911, or
hereafter acquiring such right of way or easement over any
state lands for the purpose of transporting or moving timber,
mineral, stone, sand, gravel, or other valuable materials, and
engaged in such business thereon, shall accord to the state,
or any grantee or lessee thereof, having since the fifteenth
day of June, 1911, acquired, or hereafter acquiring, from the
state, any state lands containing timber, mineral, stone, sand,
gravel, or other valuable materials, contiguous to or in
proximity to such right of way or easement, or any person,
firm, or corporation, having since the fifteenth day of June,
1911, acquired, or hereafter acquiring, the timber, mineral,
stone, sand, gravel, or other valuable materials upon any
state lands contiguous to or in proximity to the lands over
which such right of way or easement is operated, proper and
reasonable facilities and service for transporting and moving
such valuable materials, under reasonable rules and regulations and upon payment of just and reasonable charges
therefor, or, if such right of way or other easement is not
then in use, shall accord the use of such right of way or
easement for transporting and moving such valuable materials, under reasonable rules and regulations and upon the
payment of just and reasonable charges therefor. [1982 1st
ex.s. c 21 § 169; 1927 c 255 § 80; RRS § 7797-80. Prior:
1911 c 109 § 3. Formerly RCW 79.36.030.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
Similar enactment: RCW 79.36.250.
79.01.324 Certain state lands subject to easements
for removal of valuable materials—Duty of utilities and
transportation commission. Should the owner or operator
of any private railroad, skid road, flume, canal, watercourse
or other easement operating over lands acquired since the fifteenth day of June, 1911, or hereafter acquired, from the
state, as in the previous sections provided, fail to agree with
[Title 79 RCW—page 24]
the state, or any grantee thereof, as to the reasonable and
proper rules, regulations and charges, concerning the
transportation of timber, mineral, stone, sand, gravel or other
valuable materials, from lands contiguous to, or in proximity
to, the lands over which such private railroad, skid road,
flume, canal, watercourse or other easement, is operated, for
transporting or moving such valuable materials, the state, or
such person, firm or corporation, owning and desiring to
have such valuable materials transported or moved, may
apply to the state utilities and transportation commission and
have the reasonableness of the rules and regulations and
charges inquired into, and it shall be the duty of the utilities
and transportation commission to inquire into the same and
it is hereby given the same power and authority to investigate the same as it is now authorized to investigate or
inquire into the reasonableness of rules, regulations and
charges made by railroad companies, and it is authorized and
empowered to make any such order as it would make in an
inquiry against a railroad company, and in case such private
railroad, skid road, flume, canal, watercourse or easement, is
not then in use, may make such reasonable, proper and just
rules and regulations concerning the use thereof for the
purposes aforesaid as may be just and proper, and such order
shall have the same force and effect, and be binding upon
the parties to such hearing, as though such hearing and order
was made affecting a common carrier railroad. [1983 c 4 §
6; 1927 c 255 § 81; RRS § 7797-81. Prior: 1911 c 109 §
4. Formerly RCW 79.36.040.]
Similar enactment: RCW 79.36.270.
Transportation, general regulations: Chapter 81.04 RCW.
79.01.328 Certain state lands subject to easements
for removal of valuable materials—Penalty for violation
of orders—Reversion of easement. In case any person,
firm or corporation, owning or operating any private railroad,
skid road, flume, canal, watercourse or other easement, over
and across any state lands, or any lands acquired since the
fifteenth day of June, 1911, or hereafter acquired, from the
state, subject to the provisions of the preceding sections,
shall violate or fail to comply with any rule, regulation or
order made by the utilities and transportation commission,
after an inquiry and hearing as provided in the preceding
section, such person, firm or corporation, shall be subject to
a penalty of not to exceed one thousand dollars for each and
every violation thereof, and in addition thereto such right of
way, private road, skid road, flume, canal, watercourse or
other easement and all improvements and structures on such
right of way, and connected therewith, shall revert to the
state or to the owner of the land over which such right of
way is located, and may be recovered in an action instituted
in any court of competent jurisdiction. [1982 1st ex.s. c 21
§ 170; 1927 c 255 § 82; RRS § 7797-82. Prior: 1911 c 109
§ 5. Formerly RCW 79.36.050.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
Similar enactment: RCW 79.36.280.
79.01.332 Certain state lands subject to easements
for removal of valuable materials—Application for right
of way—Appraisement of damage—Certificate, contents.
Any person, firm or corporation, engaged in the business of
(2002 Ed.)
Public Lands Act
logging or lumbering, quarrying, mining or removing sand,
gravel or other valuable materials from land, and desirous of
obtaining a right of way for the purpose of transporting or
moving timber, minerals, stone, sand, gravel or other
valuable materials from other lands, over and across any
state lands, or tide or shore lands belonging to the state, or
any such lands sold or leased by the state since the fifteenth
day of June, 1911, shall file with the commissioner of public
lands upon a form to be furnished for that purpose, a written
application for such right of way, accompanied by a plat
showing the location of the right of way applied for with
references to the boundaries of the government section in
which the lands over and across which such right of way is
desired are located. Upon the filing of such application and
plat, the commissioner of public lands shall cause the lands
embraced within the right of way applied for, to be inspected, and all timber thereon, and all damages to the lands
affected which may be caused by the use of such right of
way, to be appraised, and shall notify the applicant of the
appraised value of such timber and such appraisement of
damages. Upon the payment to the commissioner of public
lands of the amount of the appraised value of timber and
damages, the commissioner shall issue in duplicate a right of
way certificate setting forth the terms and conditions upon
which such right of way is granted, as provided in the
preceding sections, and providing that whenever such right
of way shall cease to be used for the purpose for which it
was granted, or shall not be used in accordance with such
terms and conditions, it shall be deemed forfeited. One copy
of such certificate shall be filed in the office of the commissioner of public lands and one copy delivered to the applicant. [1927 c 255 § 83; RRS § 7797-83. Prior: 1921 c 55
§ 1; 1915 c 147 § 12; 1897 c 89 § 34; 1895 c 178 § 45.
Formerly RCW 79.36.060.]
Similar enactment: RCW 79.36.290.
79.01.336 Certain state lands subject to easements
for removal of valuable materials—Forfeiture for nonuser. Any such right of way heretofore granted which has
never been used, or has ceased to be used for the purpose
for which it was granted, for a period of two years, shall be
deemed forfeited. The forfeiture of any such right of way
heretofore granted, or granted under the provisions of the
preceding sections, shall be rendered effective by the mailing
of a notice of such forfeiture to the grantee thereof at his last
known post office address and by stamping a copy of such
certificate, or other record of the grant, in the office of the
commissioner of public lands with the word "canceled", and
the date of such cancellation. [1927 c 255 § 84; RRS §
7797-84. Prior: 1921 c 55 § 1; 1915 c 147 § 12; 1897 c 89
§ 34; 1895 c 178 § 45. Formerly RCW 79.36.070.]
79.01.332
agency, cause to be filed in the office of the department of
natural resources a petition for a right of way for such road
or street, setting forth the reasons for the establishment
thereof, accompanied by a duly attested copy of a plat made
by the county or city engineer or proper agency of the
United States of America, or state agency, showing the
location of the proposed road or street with reference to the
legal subdivisions, or lots and blocks of the official plat, or
the lands, over and across which such right of way is
desired, the amount of land to be taken and the amount of
land remaining in each portion of each legal subdivision or
lot or block bisected by such proposed road or street.
Upon the filing of such petition and plat the department
of natural resources, if deemed for the best interest of the
state to grant the petition, shall cause the land proposed to be
taken to be inspected and shall appraise the value of the land
and valuable materials thereon and notify the petitioner of
such appraised value.
If there are no valuable materials on the proposed right
of way, or upon the payment of the appraised value of the
land and valuable materials thereon, to the department of
natural resources in cash, or by certified check drawn upon
any bank in this state, or money order, except for all rights
of way granted to the department of natural resources on
which the valuable materials, if any, shall be sold at public
auction or by sealed bid, the department may approve the
plat filed with the petition and file and enter the same in the
records of his or her office, and such approval and record
shall constitute a grant of such right of way from the state.
[2001 c 250 § 12; 1982 1st ex.s. c 21 § 171; 1961 c 73 § 5;
1945 c 145 § 1; 1927 c 255 § 85; Rem. Supp. 1945 § 779785. Prior: 1917 c 148 § 9; 1903 c 20 § 1; 1897 c 89 § 35;
1895 c 178 § 46. Formerly RCW 79.36.080.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.344 Railroad right of way. A right of way
through, over and across any state lands not held under a
contract of sale, is hereby granted to any railroad company
organized under the laws of this state, or any state or
territory of the United States, or under any act of congress
of the United States, to any extent not exceeding fifty feet on
either side of the center line of any railroad now constructed,
or hereafter to be constructed, and for such greater width as
is required for excavations, embankments, depots, station
grounds, passing tracks or borrow pits, which extra width
shall not in any case exceed two hundred feet on either side
of said right of way. [1927 c 255 § 86; RRS § 7797-86.
Prior: 1907 c 104 § 1; 1901 c 173 § 1. Formerly RCW
79.36.090.]
Railroad rights of way: Chapter 81.52 RCW.
Similar enactment: RCW 79.36.290.
79.01.340 Right of way for roads and streets over,
or for county wharves upon, state lands. Any county or
city or the United States of America or state agency desiring
to locate, establish, and construct a road or street over and
across any state lands of the state of Washington shall by
resolution of the board of county commissioners of such
county, or city council or other governing body of such city,
or proper agency of the United States of America, or state
(2002 Ed.)
79.01.348 Railroad right of way—Procedure to
acquire. In order to obtain the benefits of the preceding
section any railroad company hereafter constructing, or
proposing to construct, a railroad, shall file with the commissioner of public lands a copy of its articles of incorporation,
due proof of organization thereunder, a map or maps,
accompanied by the field notes of the survey, showing the
location of the line of said railroad, the width of the right of
way and extra widths, if any, and shall pay to the commis[Title 79 RCW—page 25]
79.01.348
Title 79 RCW: Public Lands
sioner of public lands as hereinafter provided the amount of
the appraised value of the lands included within said right of
way, and extra widths if any are required, and the damages
to any lands affected by such right of way or extra widths.
[1927 c 255 § 87; RRS § 7797-87. Prior: 1907 c 104 § 1;
1901 c 173 § 1. Formerly RCW 79.36.100.]
79.01.352 Railroad right of way—Appraisement.
All state lands over which a right of way of any railroad to
be hereafter constructed, shall be located, shall be appraised
in the same manner as in the case of applications for the
purchase of state lands, fixing the appraised value per acre
for each lot or block, quarter section or subdivision thereof,
less the improvements, if any, and the damages to any state
lands affected by such right of way, shall be appraised in
like manner, and the appraisement shall be recorded and the
evidence or report upon which the same is based shall be
preserved of record, in the office of the commissioner of
public lands, and the commissioner shall send notice to the
railroad company applying for the right of way that such
appraisement has been made. [1927 c 255 § 88; RRS §
7797-88. Prior: 1901 c 173 §§ 2, 5. Formerly RCW
79.36.110.]
79.01.356 Railroad right of way—Improvements—
Appraisal, deposit, etc. Should any improvements, made
by anyone not holding adversely to the state at the time of
making such improvements or made in good faith by a
lessee of the state whose lease had not been canceled or was
not subject to cancellation for any cause, or made upon the
land by mistake, be upon any of such lands at the time of
the appraisement, the same shall be separately appraised,
together with the damage and waste done to said lands, or to
adjacent lands, by the use and occupancy of the same, and
after deducting from the amount of the appraisement for
improvements the amount of such damage and waste, the
balance shall be regarded as the value of said improvements,
and the railroad company, if not the owner of such improvements, shall deposit with the commissioner of public lands
the value of the same, as shown by said appraisement, within
thirty days next following the date thereof. The commissioner of public lands shall hold such moneys for a period of
three months, and unless a demand and proof of ownership
of such improvements shall be made upon the commissioner
within said period of three months, the same shall be
deemed forfeited to the state and deposited with the state
treasurer and paid into the general fund. If two or more
persons shall file claims of ownership of said improvements,
within said period of three months, with the commissioner
of public lands, the commissioner shall hold such moneys
until the claimants agree or a certified copy of the judgment
decreeing the ownership of said improvements shall be filed
with him. When notice of agreement or a certified copy of
a judgment has been so filed, the commissioner of public
lands shall pay over to the owner of the improvements the
money so deposited. [1927 c 255 § 89; RRS § 7797-89.
Prior: 1915 c 147 § 13; 1901 c 173 § 4. Formerly RCW
79.36.120.]
79.01.360 Railroad right of way—Release or
payment of damages as to improvements outside right of
[Title 79 RCW—page 26]
way. When the construction or proposed construction of
said railroad affects the value of improvements on state lands
not situated on the right of way or extra widths, the applicant
for said right of way shall file with the commissioner of
public lands a valid release of damages duly executed by the
owner or owners of such improvements, or a certified copy
of a judgment of a court of competent jurisdiction, showing
that compensation for the damages resulting to such owner
or owners, as ascertained in accordance with existing law,
has been made or paid into the registry of such court. [1927
c 255 § 90; RRS § 7797-90. Prior: 1915 c 147 § 13; 1901
c 173 § 4. Formerly RCW 79.36.130.]
79.01.364 Railroad right of way—Certificate. Upon
full payment of the appraised value of any right of way for
a railroad and of damages to state lands affected, the
commissioner of public lands shall issue to the railroad
company applying for such right of way a certificate in such
form as the commissioner of public lands may prescribe, in
which the terms and conditions of said easement shall be set
forth and the lands covered thereby described, and any future
grant, or lease, by the state, of the lands crossed or affected
by such right of way shall be subject to the easement
described in the certificate. [1927 c 255 § 91; RRS § 779791. Prior: 1915 c 147 § 14; 1901 c 173 § 7. Formerly
RCW 79.36.140.]
79.01.384 Right of way for utility pipe lines,
transmission lines, etc. A right of way through, over, and
across any state lands or state forest lands, may be granted
to any municipal or private corporation, company, association, individual, or the United States of America, constructing or proposing to construct, or which has heretofore
constructed, any telephone line, ditch, flume, or pipe line for
the domestic water supply of any municipal corporation or
transmission line for the purpose of generating or transmitting electricity for light, heat, or power. [1982 1st ex.s. c 21
§ 172; 1961 c 73 § 6; 1945 c 147 § 1; 1927 c 255 § 96;
Rem. Supp. 1945 § 7797-96. Prior: 1925 c 6 § 1; 1921 c
148 § 1; 1919 c 97 § 1; 1909 c 188 § 1. Formerly RCW
79.36.150.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.388 Right of way for utility pipe lines,
transmission lines, etc.—Procedure to acquire. In order
to obtain the benefits of the grant made in RCW 79.01.384,
the municipal or private corporation or company, association,
individual, or the United States of America, constructing or
proposing to construct, or which has heretofore constructed,
such telephone line, ditch, flume, pipe line or transmission
line, shall file, with the commissioner of public lands, a map,
accompanied by the field notes of the survey and location of
such telephone line, ditch, flume, pipe line or transmission
line, and shall make payment therefor as provided in RCW
79.01.392. The land within the right of way shall be limited
to an amount necessary for the construction of said telephone
line, ditch, flume, pipe line or transmission line sufficient for
the purposes required, together with sufficient land on either
side thereof for ingress and egress to maintain and repair the
same, and the grant shall include the right to cut all standing
(2002 Ed.)
Public Lands Act
timber, and/or reproduction within said right of way. The
grant shall also include the right to cut trees marked as
danger trees by the applicant outside of the right of way,
which shall be dangerous to the operation and maintenance
of the telephone line, ditch, flume, pipe line or transmission
line upon full payment of the appraised value thereof. [1961
c 73 § 7; 1959 c 257 § 35; 1945 c 147 § 2; 1927 c 255 §
97; Rem. Supp. 1945 § 7797-97. Prior: 1921 c 148 § 2;
1919 c 97 § 2; 1909 c 188 § 2. Formerly RCW 79.36.160.]
79.01.392 Right of way for utility pipe lines,
transmission lines, etc.—Appraisal—Certificate—
Reversion for nonuser. Upon the filing of the plat and
field notes, as provided in RCW 79.01.388, the land applied
for and the valuable materials on the right of way applied
for, and the marked danger trees to be felled off the right of
way, if any, and the improvements included in the right of
way applied for, if any, shall be appraised as in the case of
an application to purchase state lands. Upon full payment of
the appraised value of the land applied for, or upon payment
of an annual rental when the department of natural resources
deems a rental to be in the best interests of the state, and
upon full payment of the appraised value of the valuable
materials and improvements, if any, the commissioner of
public lands shall issue to the applicant a certificate of the
grant of such right of way stating the terms and conditions
thereof and shall enter the same in the abstracts and records
in his or her office, and thereafter any sale or lease of the
lands affected by such right of way shall be subject to the
easement of such right of way. Should the corporation,
company, association, individual, state agency, political
subdivision of the state, or the United States of America,
securing such right of way ever abandon the use of the same
for a period of sixty months or longer for the purposes for
which it was granted, the right of way shall revert to the
state, or the state’s grantee. [2001 c 250 § 13; 1961 c 73 §
8; 1959 c 257 § 36; 1945 c 147 § 3; 1927 c 255 § 98; Rem.
Supp. 1945 § 7797-98. Prior: 1909 c 188 § 3. Formerly
RCW 79.36.170.]
79.01.396 Right of way for irrigation, diking and
drainage purposes. A right of way through, over and
across any state lands is hereby granted to any irrigation
district, or irrigation company duly organized under the laws
of this state, and to any association, individual, or the United
States of America, constructing or proposing to construct an
irrigation ditch or pipe line for irrigation, or to any diking
and drainage district or any diking and drainage improvement district proposing to construct a dike or drainage ditch.
[1982 1st ex.s. c 21 § 173; 1945 c 147 § 4; 1927 c 255 §
99; Rem. Supp. 1945 § 7797-99. Prior: 1917 c 148 § 6;
1907 c 161 § 1. Formerly RCW 79.36.180.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.400 Right of way for irrigation, diking and
drainage purposes—Procedure to acquire. In order to
obtain the benefits of the grant hereinabove provided for, the
irrigation district, irrigation company, association, individual,
or the United States of America, constructing or proposing
to construct such irrigation ditch or pipe line for irrigation,
(2002 Ed.)
79.01.388
or the diking and drainage district or diking and drainage
improvement district constructing or proposing to construct
any dike or drainage ditch, shall file with the commissioner
of public lands a map accompanied by the field notes of the
survey and location of the proposed irrigation ditch, pipe
line, dike, or drainage ditch, and shall pay to the state as
hereinafter provided, the amount of the appraised value of
the said lands used for or included within such right of way.
The land within said right of way shall be limited to an
amount necessary for the construction of the irrigation ditch,
pipe line, dike, or drainage ditch for the purposes required,
together with sufficient land on either side thereof for ingress
and egress to maintain and repair the same. [1945 c 147 §
5; 1927 c 255 § 100; Rem. Supp. 1945 § 7797-100. Prior:
1917 c 148 § 7; 1907 c 161 § 2. Formerly RCW
79.36.190.]
79.01.404 Right of way for irrigation, diking and
drainage purposes—Appraisal—Certificate. Upon the
filing of the plat and field notes as hereinabove provided, the
lands included within the right of way applied for shall be
appraised as in the case of an application to purchase such
lands, at the full market value thereof. Upon full payment
of the appraised value of the lands the commissioner of
public lands shall issue to the applicant a certificate of right
of way, and enter the same in the records in his office and
thereafter any sale or lease by the state of the lands affected
by such right of way shall be subject thereto. [1927 c 255
§ 101; RRS § 7797-101. Prior: 1907 c 161 § 3. Formerly
RCW 79.36.200.]
79.01.408 Grant of overflow rights. The commissioner of public lands shall have the power to grant to any
person or corporation the right, privilege, and authority to
perpetually back and hold water upon or over any state
lands, and overflow such lands and inundate the same,
whenever the commissioner shall deem it necessary for the
purpose of erecting, constructing, maintaining, or operating
any water power plant, reservoir, or works for impounding
water for power purposes, irrigation, mining, or other public
use, but no such rights shall be granted until the value of the
lands to be overflowed and any damages to adjoining lands
of the state, appraised as in the case of an application to
purchase such lands, shall have been paid by the person or
corporation seeking the grant, and if the construction or
erection of any such water power plant, reservoir, or works
for impounding water for the purposes heretofore specified,
shall not be commenced and diligently prosecuted and
completed within such time as the commissioner of public
lands may prescribe at the time of the grant, the same may
be forfeited by the commissioner of public lands by serving
written notice of such forfeiture upon the person or corporation to whom the grant was made, but the commissioner,
for good cause shown to his satisfaction, may extend the
time within which such work shall be completed. [1982 1st
ex.s. c 21 § 174; 1927 c 255 § 102; RRS § 7797-102. Prior:
1915 c 147 §§ 10, 11; 1907 c 125 §§ 1, 2. Formerly RCW
79.36.210.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
Operating agencies: Chapter 43.52 RCW.
[Title 79 RCW—page 27]
79.01.412
Title 79 RCW: Public Lands
79.01.412 Construction of foregoing sections
relating to rights of way and overflow rights. The
foregoing sections relating to the acquiring of rights of way
and overflow rights through, over and across lands belonging
to the state, shall not be construed as exclusive or as
affecting the right of municipal and public service corporations to acquire lands belonging to or under control of the
state, or rights of way or other rights thereover, by condemnation proceedings. [1927 c 255 § 103; RRS § 7797-103.
Formerly RCW 79.36.220.]
Railroad rights of way: Chapter 81.52 RCW.
79.01.414 Grant of such easements and rights as
applicant may acquire in private lands by eminent
domain. The department of natural resources may grant to
any person such easements and rights in state lands or state
forest lands as the applicant applying therefor may acquire
in privately owned lands through proceedings in eminent
domain. No grant shall be made under this section until
such time as the full market value of the estate or interest
granted together with damages to all remaining property of
the state of Washington has been ascertained and safely
secured to the state. [1982 1st ex.s. c 21 § 175; 1961 c 73
§ 12.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.416 Condemnation proceedings where state
land is involved. See RCW 8.28.010.
79.01.500 Court review of actions. Any applicant to
purchase, or lease, any public lands of the state, or any
valuable materials thereon, and any person whose property
rights or interests will be affected by such sale or lease,
feeling himself aggrieved by any order or decision of the
board of natural resources, or the commissioner of public
lands, concerning the same, may appeal therefrom to the
superior court of the county in which such lands or materials
are situated, by serving upon all parties who have appeared
in the proceedings in which the order or decision was made,
or their attorneys, a written notice of appeal, and filing such
notice, with proof, or admission, of service, with the board,
or the commissioner, within thirty days from the date of the
order or decision appealed from, and at the time of filing the
notice, or within five days thereafter, filing a bond to the
state, in the penal sum of two hundred dollars, with sufficient sureties, to be approved by the secretary of the board,
or the commissioner, conditioned that the appellant shall pay
all costs that may be awarded against him on appeal, or the
dismissal thereof. Within thirty days after the filing of
notice of appeal, the secretary of the board, or the commissioner, shall certify, under official seal, a transcript of all
entries in the records of the board, or the commissioner,
together with all processes, pleadings and other papers
relating to and on file in the case, except evidence used in
such proceedings, and file such transcript and papers, at the
expense of the applicant, with the clerk of the court to which
the appeal is taken. The hearing and trial of said appeal in
the superior court shall be de novo before the court, without
a jury, upon the pleadings and papers so certified, but the
court may order the pleadings to be amended, or new and
[Title 79 RCW—page 28]
further pleadings to be filed. Costs on appeal shall be
awarded to the prevailing party as in actions commenced in
the superior court, but no costs shall be awarded against the
state, the board, or the commissioner. Should judgment be
rendered against the appellant, the costs shall be taxed
against him and his sureties on the appeal bond, except when
the state is the only adverse party, and shall be included in
the judgment, upon which execution may issue as in other
cases. Any party feeling himself aggrieved by the judgment
of the superior court may seek appellate review as in other
civil cases. Unless appellate review of the judgment of the
superior court is sought, the clerk of said court shall, on
demand, certify, under his hand and the seal of the court, a
true copy of the judgment, to the board, or the commissioner, which judgment shall thereupon have the same force and
effect as if rendered by the board, or the commissioner. In
all cases of appeals from orders or decisions of the commissioner of public lands involving the prior right to purchase
tidelands of the first class, if the appeal be not prosecuted,
heard and determined, within two years from the date of the
appeal, the attorney general shall, after thirty days’ notice to
the appellant of his intention so to do, move the court for a
dismissal of the appeal, but nothing herein shall be construed
to prevent the dismissal of such appeal at any time in the
manner provided by law. [1988 c 202 § 59; 1988 c 128 §
56; 1971 c 81 § 139; 1927 c 255 § 125; RRS § 7797-125.
Prior: 1901 c 62 §§ 1 through 7; 1897 c 89 § 52; 1895 c
178 § 82. Formerly RCW 79.08.030.]
Reviser’s note: This section was amended by 1988 c 128 § 56 and
by 1988 c 202 § 59, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1988 c 202: See note following RCW 2.24.050.
79.01.612 Management of acquired lands—Land
acquired by escheat suitable for park purposes—
Rental—Repairs. (1) Except as provided in subsection (2)
of this section, the department of natural resources shall
manage and control all lands acquired by the state by escheat
or under chapter 79.66 RCW and all lands acquired by the
state by deed of sale or gift or by devise, except such lands
which are conveyed or devised to the state to be used for a
particular purpose. The department shall lease the lands in
the same manner as school lands. When the department
determines to sell the lands, they shall be initially offered for
sale either at public auction or direct sale to public agencies
as provided in this chapter. If the lands are not sold at
public auction, the department may, with approval of the
board of natural resources, market the lands through persons
licensed under chapter 18.85 RCW or through other commercially feasible means at a price not lower than the land’s
appraised value and pay necessary marketing costs from the
sale proceeds. Necessary marketing costs includes reasonable costs associated with advertising the property and
paying commissions. The proceeds of the lease or sale of all
such lands shall be deposited into the appropriate fund in the
state treasury in the manner prescribed by law, except if the
grantor in any such deed or the testator in case of a devise
specifies that the proceeds of the sale or lease of such lands
be devoted to a particular purpose such proceeds shall be so
applied. The department may employ agents to rent any
escheated, deeded, or devised lands, or lands acquired under
(2002 Ed.)
Public Lands Act
chapter 79.66 RCW, for such rental and time and in such
manner as the department directs, but the property shall not
be rented by such agent for a longer period than one year
and no tenant is entitled to compensation for any improvement which he makes on such property. The agent shall
cause repairs to be made to the property as the department
directs, and shall deduct the cost thereof, together with such
compensation and commission as the department authorizes,
from the rentals of such property and the remainder which
is collected shall be transmitted monthly to the department
of natural resources.
(2) When land is acquired by the state by escheat which
because of its location or features may be suitable for park
purposes, the department shall notify the state parks and
recreation commission. The department and the commission
shall jointly evaluate the land for its suitability for park
purposes, based upon the features of the land and the need
for park facilities in the vicinity. Where the department and
commission determine that such land is suitable for park
purposes, it shall be offered for transfer to the commission,
or, in the event that the commission declines to accept the
land, to the local jurisdiction providing park facilities in that
area. When so offered, the payment required by the recipient agency shall not exceed the costs incurred by the department in managing and protecting the land since receipt by
the state.
(3) The department may review lands acquired by
escheat since January 1, 1983, for their suitability for park
purposes, and apply the evaluation and transfer procedures
authorized by subsection (2) of this section. [1993 c 49 § 1;
1984 c 222 § 13; 1927 c 255 § 154; RRS § 7797-154.
Formerly RCW 43.12.100.]
Severability—Effective date—1984 c 222: See RCW 79.66.900 and
79.66.901.
Real property distributed to state by probate court decree, jurisdiction of
commissioner of public lands over: RCW 11.08.220.
79.01.616 Prospecting and mining—Leases and
permits for prospecting and contracts for mining valuable minerals and specified materials—Execution authorized—Lands subject to—Size of tracts. The department
of natural resources may issue permits and leases for
prospecting, and contracts for the mining of valuable
minerals and specified materials, except rock, gravel, sand,
silt, coal, or hydrocarbons, upon and from any public lands
belonging to or held in trust by the state, or which have been
sold and the minerals thereon reserved by the state in tracts
not to exceed six hundred forty acres or an entire government-surveyed section. [1987 c 20 § 1; 1965 c 56 § 2; 1927
c 255 § 155; RRS § 7797-155. Prior: 1917 c 148 § 1; 1915
c 152 § 1; 1897 c 102 § 1. Formerly RCW 78.20.010, part,
and 78.20.020.]
79.01.617 Prospecting and mining—Public auction
of mining contracts. The department of natural resources
may offer nonrenewable placer mining contracts by public
auction for the mining of gold under terms set by the department. In the case of lands known to contain valuable
minerals or specified materials in commercially significant
quantities, the department may offer mining contracts by
public auction. [1987 c 20 § 2.]
(2002 Ed.)
79.01.612
79.01.618 Prospecting and mining—Mineral leases,
contracts, and permits—Rules. The department of natural
resources may adopt rules necessary for carrying out the
mineral leasing, contracting, and permitting provisions of
RCW 79.01.616 through 79.01.651. Such rules shall be
enacted under chapter 34.05 RCW. The department may
amend or rescind any rules adopted under this section. The
department shall publish these rules in pamphlet form for the
information of the public. [1987 c 20 § 3; 1983 c 3 § 200;
1965 c 56 § 3.]
79.01.620 Prospecting and mining—Leases for
mineral prospecting—Application—Fees—Rejection. Any
person desiring to obtain a lease for mineral prospecting purposes upon any lands in which the mineral rights are owned
or administered by the department of natural resources, shall
file in the proper office of the department an application or
applications therefor, upon the prescribed form, together with
application fees. The department may reject an application
for a mineral prospecting lease when the department determines rejection to be in the best interests of the state, and in
such case shall inform the applicant of the reason for
rejection and refund the application fee. The department
may also reject the application and declare the application
fee forfeited should the applicant fail to execute the lease.
[1987 c 20 § 4; 1965 c 56 § 4; 1927 c 255 § 156; RRS §
7797-156. Prior: 1917 c 148 § 2; 1901 c 151 §§ 1, 2; 1897
c 102 §§ 2, 5. Formerly RCW 78.20.010, part, and RCW
78.20.030.]
79.01.624 Prospecting and mining—Compliance
with mineral rights reservations—Compensation for loss
or damage to surface rights. Where the surface rights are
held by a third party, the lessee shall not exercise the rights
reserved by the state upon lands covered by the lessee’s
lease or contract until the lessee has provided the department
with satisfactory evidence of compliance with the requirements of the state’s mineral rights reservations. Where the
surface rights are held by the state, the lessee shall not exercise its mineral rights upon lands covered by the lessee’s
lease or contract until the lessee has made satisfactory
arrangements with the department to compensate the state for
loss or damage to the state’s surface rights. [1987 c 20 § 5;
1965 c 56 § 5; 1927 c 255 § 157; RRS § 7797-157. Prior:
1917 c 148 § 3; 1899 c 147 § 1; 1897 c 102 § 6. Formerly
RCW 78.20.040.]
79.01.628 Prospecting and mining—Prospecting
leases—Term of lease—Rental—Mining contract required for extraction for commercial sale or use—Annual
prospecting work—Termination of lease. Leases for
prospecting purposes may be for a term of up to seven years
from the date of the lease. The lessee shall pay an annual
lease rental as set by the board of natural resources. The
annual lease rental shall be paid in advance. The lessee
shall not have the right to extract and remove for commercial sale or use from the leased premises any minerals or
specified materials found on the premises except upon
obtaining a mining contract. The lessee shall perform annual
prospecting work in cost amounts as set by the board of
natural resources. The lessee may make payment to the
[Title 79 RCW—page 29]
79.01.628
Title 79 RCW: Public Lands
department in lieu of the performance of annual prospecting
work for up to three years during the term of the lease.
Prospecting work performed must contribute to the mineral
evaluation of the leased premises.
The lessee may at any time give notice of intent to
terminate the lease if all of the covenants of the lease
including reclamation are met. The notice of termination of
lease shall be made by giving written notice together with
copies of all information obtained from the premises. The
lease shall terminate sixty days thereafter if all arrears and
sums which are due under the lease up to the time of
termination have been paid. [1987 c 20 § 6; 1965 c 56 § 6;
1945 c 103 § 1; 1927 c 255 § 158; RRS § 7797-158. Prior:
1897 c 102 §§ 4, 5. Formerly RCW 78.20.050.]
79.01.632 Prospecting and mining—Conversion of
prospecting lease into contract—Preference—Time for
application—Plans for development and reclamation—
Development work—Termination of contract—
Nonconversion, effect. The holder of any prospecting lease
shall have a preference right to a mining contract on the
premises described in the lease if application therefor is
made to the department of natural resources at least one
hundred eighty days prior to the expiration of the prospecting lease.
A lessee applying for a mining contract shall furnish
plans for development leading toward production. The plans
shall address the reclamation of the property. A mining
contract shall be for a term of twenty years.
The first year of the contract and each year thereafter,
the lessee shall perform development work in cost amounts
as set by the board of natural resources. The lessee may
make payment to the department in lieu of development
work.
The lessee may at any time give notice of intent to
terminate the contract if all of the covenants of the contract
including reclamation are met. The notice of termination of
contract shall be made by giving written notice together with
copies of all information obtained from the premises. The
contract shall terminate sixty days thereafter if all arrears and
sums which are due under the contract up to the time of
termination have been paid.
The lessee shall have sixty days from the termination
date of the contract in which to remove improvements,
except those necessary for the safety and maintenance of
mine workings, from the premises without material damage
to the land or subsurface covered by the contract. However,
the lessee shall upon written request to the department be
granted an extension where forces beyond the control of the
lessee prevent removal of the improvements within sixty
days.
Any lessee not converting a prospecting lease to a
mining contract shall not be entitled to a new prospecting
lease on the lease premises for one year from the expiration
date of the prior lease. Such lands included in the prospecting lease shall be open to application by any person
other than the prior lessee, and the lessee’s agents or
associates during the year period described above. [1987 c
20 § 7; 1965 c 56 § 7; 1927 c 255 § 159; RRS § 7797-159.
Prior: 1901 c 151 § 4. Formerly RCW 78.20.060.]
[Title 79 RCW—page 30]
79.01.633 Prospecting and mining—Lessee’s rights
and duties relative to owner of surface rights. Where the
surface rights have been sold and the minerals retained by
the state, the state’s right of entry to these lands is hereby
transferred and assigned to the lessee during the life of the
lease or contract. No lessee shall commence any operation
upon lands covered by his or her lease or contract until the
lessee has complied with RCW 79.01.624. [1987 c 20 § 8;
1965 c 56 § 8.]
79.01.634 Prospecting and mining—Termination of
lease or contract for default. The department of natural
resources shall terminate and cancel a prospecting lease or
mining contract upon failure of the lessee to make payment
of the annual rental or royalties or comply with the terms
and conditions of said lease or contract upon the date such
payments and compliances are due. The lessee shall be
notified of such termination and cancellation, said notice to
be mailed to the last known address of the lessee. Termination and cancellation shall become effective thirty days from
the date of mailing said notice: PROVIDED, That the
department may, upon written request from the lessee, grant
an extension of time in which to make such payment or
comply with said terms and conditions. [1987 c 20 § 9;
1965 c 56 § 9.]
79.01.640 Prospecting and mining—Form, terms,
and conditions of prospecting leases and mining contracts—Subcontracts. Prospecting leases or mining
contracts referred to in chapter 79.01 RCW shall be as
prescribed by, and in accordance with rules adopted by the
department of natural resources.
The department may include in any mineral prospecting
lease or mining contract to be issued under this chapter such
terms and conditions as are customary and proper for the
protection of the rights of the state and of the lessee not in
conflict with this chapter, or rules adopted by the department.
Any lessee shall have the right to contract with others
to work or operate the leased premises or any part thereof or
to subcontract the same and the use of said land or any part
thereof for the purpose of mining for valuable minerals or
specified materials, with the same rights and privileges
granted to the lessee. Notice of such contracting or subcontracting with others to work or operate the property shall be
made in writing to the department. [1987 c 20 § 10; 1965
c 56 § 11; 1927 c 255 § 161; RRS § 7797-161. Prior: 1917
c 148 § 3; 1899 c 147 § 1; 1897 c 102 § 6. Formerly RCW
78.20.080.]
79.01.642 Prospecting and mining—Reclamation of
premises. At time of termination for any mineral prospecting lease, permit, mining contract, or placer mining contract,
the premises shall be reclaimed in accordance with plans
approved by the department. [1987 c 20 § 11.]
79.01.644 Prospecting and mining—Mining contracts—Production royalties—Minimum royalty. Mining
contracts entered into as provided in chapter 79.01 RCW
shall provide for the payment to the state of production
royalties as set by the board of natural resources. A lessee
(2002 Ed.)
Public Lands Act
shall pay in advance annually a minimum royalty which
shall be set by the board of natural resources. The minimum
royalty shall be allowed as a credit against production
royalties due during the contract year. [1987 c 20 § 12;
1965 c 56 § 12; 1959 c 257 § 38; 1945 c 103 § 2; 1927 c
255 § 162; Rem. Supp. 1945 § 7797-162. Prior: 1917 c
148 § 4; 1901 c 151 § 3; 1897 c 89 § 7. Formerly RCW
78.20.090.]
79.01.645 Prospecting and mining—Renewal of
mining contracts. The lessee may apply for the renewal of
a mining contract, except placer mining contracts issued
pursuant to RCW 79.01.617, to the department within ninety
days before the expiration of the contract. Upon receipt of
the application, the department shall make the necessary
investigation to determine whether the terms of the contract
have been complied with, and if the department finds they
have been complied with in good faith, the department shall
renew the contract. The terms and conditions of the renewal
contract shall remain the same except for royalty rates,
which shall be determined by reference to then existing law.
[1987 c 20 § 13.]
79.01.648 Prospecting and mining—Consolidation
of mining contracts. The holders of two or more mining
contracts may consolidate said contracts under a common
management to permit proper operation of large scale
developments. Notification of such consolidation shall be
made to the department of natural resources, together with
a statement of plans of operation and proposed consolidation.
The department may thereafter make examinations and
investigations and if it finds that such consolidation is not in
the best interest of the state, it shall disapprove such consolidated operation. [1965 c 56 § 13; 1945 c 103 § 3 (adding
a new section to 1927 c 255, section 162-1); Rem. Supp.
1945 § 7797-162a. Formerly RCW 78.20.100.]
79.01.649 Prospecting and mining—State may enter
lands and examine property and records—Disclosure of
information. Any person designated by the department of
natural resources shall have the right at any time to enter
upon the lands and inspect and examine the structures,
works, and mines situated thereon, and shall also have the
right to examine such books, records, and accounts of the
lessee as are directly connected with the determination of
royalties on the property under lease from the state but it
shall be unlawful for any person so appointed to disclose any
information thus obtained to any person other than the
departmental officials and employees, except the attorney
general and prosecuting attorneys of the state. [1965 c 56 §
14.]
79.01.650 Prospecting and mining—State may
dispose of materials not covered by prospecting lease or
mining contract—Disposition of timber. The state shall
have the right to sell or otherwise dispose of any surface
resource, timber, rock, gravel, sand, silt, coal, or hydrocarbons, except minerals or materials specifically covered by a
mineral prospecting lease or mining contract, found upon the
land during the period covered by said lease or contract.
The state shall also have the right to enter upon such land
(2002 Ed.)
79.01.644
and remove same, and shall not be obliged to withhold from
any sale any timber for prospecting or mining purposes. The
lessee shall, upon payment to the department of natural
resources, have the right to cut and use timber found on the
leased premises for mining purposes as provided in rules
adopted by the department. [1987 c 20 § 14; 1965 c 56 §
15.]
79.01.651 Prospecting and mining—Recreational
mineral prospecting permits. The department may issue
permits for recreational mineral prospecting in designated
areas containing noneconomic mineral deposits. The term of
a permit shall not exceed one year. Designated areas,
equipment allowed, methods of prospecting, as well as other
appropriate permit conditions, shall be set in rules adopted
by the department. Fees shall be set by the board of natural
resources. [1987 c 20 § 15.]
79.01.652 Coal mining—Leases and option contracts authorized. The commissioner of public lands is
authorized to execute option contracts and leases for the
mining and extraction of coal from any public lands of the
state, or to which it may hereafter acquire title, or from any
lands sold or leased by the state the minerals of which have
been reserved by the state. [1927 c 255 § 163; RRS § 7797163. Prior: 1925 ex.s. c 155 § 1. Formerly RCW
78.24.010.]
79.01.656 Coal mining—Application for option
contract—Fee. Any citizen of the United States believing
coal to exist upon any of the lands described in the preceding section may apply to the commissioner of public lands
for an option contract for any amount not exceeding one
section for prospecting purposes, such application to be made
by legal subdivision according to the public land surveys.
The applicant shall pay to the commissioner of public lands,
at the time of filing his application, the sum of one dollar an
acre for the lands applied for, but in no case less than fifty
dollars. In case of the refusal of the commissioner to
execute an option contract for the lands, any remainder of
the sum so paid, after deducting the expense incurred by the
commissioner in investigating the character of the land, shall
be returned to the applicant. [1927 c 255 § 164; RRS §
7797-164. Prior: 1925 ex.s. c 155 § 2. Formerly RCW
78.24.020.]
79.01.660 Coal mining—Investigation—Grant of
option contract—Rights and duties of option contract
holder. Upon the filing of any such application, the commissioner of public lands shall forthwith investigate the
character of the lands applied for, and if, from such investigation, he deems it to the best interests of the state he shall
enter into an option contract with the applicant.
The holder of any option contract shall be entitled,
during the period of one year from the date thereof, to enter
upon the lands and carry on such work of exploration,
examination and prospecting for coal as may be necessary to
determine the presence of coal upon the lands and the
feasibility of mining the same. He shall have the right to
use such timber found upon the lands and owned by the state
as may be necessary for steam purposes and timbering in the
[Title 79 RCW—page 31]
79.01.660
Title 79 RCW: Public Lands
examination and prospecting of such lands: PROVIDED,
That this provision shall not be construed to require the state
to withhold any such timber from sale. No coal shall be removed from such lands during the period of such option
contract except for samples and testing. At the expiration of
the option contract, the applicant shall fill or cover in a
substantial manner all prospect holes and shafts, or surround
the same with substantial fences, and shall file with the
commissioner of public lands a report showing in detail the
result of his investigation and prospecting. [1927 c 255 §
165; RRS § 7797-165. Prior: 1925 ex.s. c 155 § 3.
Formerly RCW 78.24.030.]
79.01.664 Coal mining—Action to determine
damage to surface owner or lessee—Commencement of
option contract delayed. In the case of lands which the
state may have sold or leased and reserved the mineral rights
therein, if the holder of any option contract or lease shall be
unable to agree with the owner or prior lessee of the lands,
he shall have a right of action in the superior court of the
county in which the land is situated to ascertain and determine the amount of damages which will accrue to such
owner or lessee of the land by reason of the entry thereon
and prospecting for or mining coal, as the case may be. In
the event of any such action, the term of the option contract
or lease shall begin thirty days after the entry of the final
judgment in such action. [1927 c 255 § 166; RRS § 7797166. Prior: 1925 ex.s. c 155 § 4. Formerly RCW
78.24.070.]
79.01.668 Coal mining—Lease—Application, terms,
royalties. At any time during the life of the option contract,
the holder thereof may apply to the commissioner of public
lands for a coal mining lease of the lands included therein,
or such portion thereof as he may specify, for the purpose of
mining and extraction of coal therefrom. Such coal mining
lease shall be for such term, not more than twenty years, and
in such form as may be prescribed by the commissioner of
public lands, shall entitle the lessee to mine and sell and
dispose of all coal underlying said lands and to occupy and
use so much of the surface thereof as may be necessary for
bunkers and other outside works, and for railroads, buildings,
appliances and appurtenances in connection with the mining
operations. Such lease shall provide for the payment to the
state of a royalty, according to the grade of coal, for each
ton of two thousand pounds of merchantable coal taken from
the lands, as follows: For lignite coal of the class commonly
found in Lewis and Thurston counties, not less than ten cents
per ton; for subbituminous coal, not less than fifteen cents
per ton; for high grade bituminous and coking coals, not less
than twenty cents per ton; but such lease shall provide for
the payment each year of a minimum royalty of not less than
one nor more than ten dollars an acre for the lands covered
thereby: PROVIDED, That the commissioner of public
lands may agree with the lessee that said minimum royalty
shall be graduated for the different years of said lease so that
a lower minimum royalty shall be paid during the earlier
years of the term. The minimum royalty fixed in the lease
shall be paid in advance each year, and the lessee, at stated
periods during the term of the lease, fixed by the commissioner, shall furnish to the commissioner of public lands a
[Title 79 RCW—page 32]
written report under oath showing the amount of merchantable coal taken from the land during the period covered by
such report and shall remit therewith such sum in excess of
the minimum royalty theretofore paid for the current year as
may be payable as royalty for the period covered by such
report.
The commissioner shall incorporate in every lease such
provisions and conditions not inconsistent with the provisions
of this chapter and not inconsistent with good coal mining
practice as he shall deem necessary and proper for the
protection of the state, and, in addition thereto, the commissioner shall be empowered to prescribe such rules and
regulations, not inconsistent with this chapter and not
inconsistent with good mining practice, governing the
manner and methods of mining as in his judgment are
necessary and proper. [1985 c 459 § 1; 1927 c 255 § 167;
RRS § 7797-167. Prior: 1925 ex.s. c 155 § 5. Formerly
RCW 78.24.040.]
Severability—1985 c 459: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 459 § 10.]
79.01.672 Coal mining—Lease without option
contract. In the case of lands known to contain workable
coal, the commissioner may, in his discretion, issue coal
mining leases under the foregoing provisions although no
option contract has been theretofore issued for such lands.
[1927 c 255 § 168; RRS § 7797-168. Prior: 1925 ex.s. c
155 § 6. Formerly RCW 78.24.050.]
79.01.676 Coal mining—Inspection of works and
records—Information confidential. The commissioner of
public lands or any person designated by him shall have the
right at any time to enter upon the lands and inspect and
examine the structures, works and mines situated thereon,
and shall also have the right to examine such books, records
and accounts of the lessee as are directly connected with the
operation of the mine on the property under lease from the
state; but it shall be unlawful for the commissioner or any
person so appointed to disclose any information thus
obtained to any person other than the commissioner of public
lands and his employees, except the attorney general and
prosecuting attorneys of the state. [1927 c 255 § 169; RRS
§ 7797-169. Prior: 1925 ex.s. c 155 § 7. Formerly RCW
78.24.060.]
79.01.680 Coal mining—Use and sale of materials
from land. The state shall have the right to sell or otherwise dispose of any timber, stone or other valuable materials,
except coal, found upon the land during the period covered
by any option contract, or lease issued under the foregoing
provisions, with the right to enter upon such lands and cut
and remove the same, and shall not be obliged to withhold
from sale any timber for coal mining or prospecting purposes: PROVIDED, That the lessee shall be permitted to use in
his mining operations any timber found upon the land, first
paying therefor to the commissioner of public lands the
value thereof as fixed by said commissioner: AND PROVIDED FURTHER, That any bill of sale for the removal of
timber, stone or other material given subsequent to the coal
(2002 Ed.)
Public Lands Act
lease shall contain provisions preventing any interference
with the operations of the coal lease. [1927 c 255 § 170;
RRS § 7797-170. Prior: 1925 ex.s. c 155 § 8. Formerly
RCW 78.24.080.]
79.01.684 Coal mining—Suspension of mining—
Termination of lease. Should the lessee for any reason,
except strikes or inability to mine or dispose of his output
without loss, suspend mining operations upon the lands
included in his lease, or upon any contiguous lands operated
by him in connection therewith, for a period of six months,
or should the lessee for any reason suspend mining operations upon the lands included in his lease or in such contiguous lands for a period of twelve months, the commissioner
of public lands may, at his option, cancel the lease, first
giving thirty days’ notice in writing to the lessee.
The lessee shall have the right to terminate the lease
after thirty days’ written notice to the commissioner of
public lands and the payment of all royalties and rentals then
due. [1927 c 255 § 171; RRS § 7797-171. Prior: 1925
ex.s. c 155 § 9. Formerly RCW 78.24.090.]
79.01.688 Coal mining—Condition of premises on
termination of lease—Removal of personalty. Upon the
termination of any lease issued under the foregoing provisions, the lessee shall surrender the lands and premises and
leave in good order and repair all shafts, slopes, airways,
tunnels and watercourses then in use. Unless the coal
therein is exhausted, he shall also, as far as it is reasonably
practicable so to do, leave open to the face all main entries
then in use so that the work of further development and
operation may not be unnecessarily hampered. He shall also
leave on the premises all buildings and other structures, but
shall have the right to, without damage to such buildings and
structures, remove all tracks, machinery and other personal
property. [1927 c 255 § 172; RRS § 7797-172. Prior: 1925
ex.s. c 155 § 10. Formerly RCW 78.24.100.]
79.01.692 Coal mining—Re-lease—Procedure—
Preference to lessee. If at the expiration of any lease for
the mining and extraction of coal or any renewal thereof the
lessee desires to re-lease the lands covered thereby, he may
make application to the commissioner of public lands for a
re-lease. Such application shall be in writing and under
oath, setting forth the extent, character and value of all
improvements, development work and structures existing
upon the land. The commissioner of public lands may on
the filing of such application cause the lands to be inspected,
and if he deems it for the best interests of the state to release said lands, he shall fix the royalties for the ensuing
term in accordance with the foregoing provisions relating to
original leases, and issue to the applicant a renewal lease for
a further term; such application for a release when received
from the lessee, or successor of any lessee, who has in good
faith developed and improved the property in a substantial
manner during his original lease to be given preference on
equal terms against the application of any new applicant.
[1927 c 255 § 173; RRS § 7797-173. Prior: 1925 ex.s. c
155 § 11. Formerly RCW 78.24.110.]
79.01.680
79.01.696 Coal mining—Waste prohibited. It shall
be unlawful for the holder of any coal mining option
contract, or any lessee, to commit any waste upon the lands
embraced therein, except as may be incident to his work of
prospecting or mining. [1927 c 255 § 174; RRS § 7797-174.
Prior: 1925 ex.s. c 155 § 12. Formerly RCW 78.24.120.]
79.01.700 Oil and gas leases on state lands. See
chapter 79.14 RCW.
79.01.704 Witnesses—Compelling attendance,
production of books, etc. In all hearings pertaining to
public lands of the state, as provided by this chapter, the
board of natural resources, or the commissioner of public
lands, as the case may be, shall, in its or his discretion have
power to issue subpoenas and compel thereby the attendance
of witnesses and the production of books and papers, at such
time and place as may be fixed by the board, or the commissioner, to be stated in the subpoena and to conduct the
examination thereof.
The subpoena may be served by the sheriff of any
county, or by any officer authorized by law to serve process,
or by any person eighteen years of age or over, competent
to be a witness, but who is not a party to the matter in
which the subpoena is issued.
Each witness subpoenaed by the board, or commissioner, as a witness on behalf of the state, shall be allowed the
same fees and mileage as provided by law to be paid
witnesses in courts of record in this state, said fees and
mileage to be paid by warrants on the general fund from the
appropriation for the office of the commissioner of public
lands.
Any person duly served with a subpoena who fails to
obey the same, without legal excuse, shall be considered in
contempt. The board, or commissioner, shall certify the
facts thereof to the superior court of the county in which
such witness may reside for contempt of court proceedings
as provided in chapter 7.21 RCW. The certificate of the
board, or commissioner, shall be considered by the court as
prima facie evidence of the contempt. [1989 c 373 § 26;
1971 ex.s. c 292 § 54; 1959 c 257 § 39; 1927 c 255 § 186;
RRS § 7797-186. Prior: 1897 c 89 § 59; 1895 c 223 § 93.
Formerly RCW 79.08.010.]
Severability—1989 c 373: See RCW 7.21.900.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Witness fees, generally: Chapter 2.40 RCW.
79.01.708 Maps and plats—Record and index—
Public inspection. All maps, plats and field notes of
surveys, required to be made by this chapter shall, after
approval by the department of natural resources, or the
commissioner of public lands, as the case may be, be
deposited and filed in the office of the commissioner of
public lands, who shall keep a careful and complete record
and index of all maps, plats and field notes of surveys in his
possession, in well bound books, which shall at all times be
open to public inspection. [1988 c 128 § 57; 1927 c 255 §
187; RRS § 7797-187. Formerly RCW 43.12.110.]
79.01.712 Seal. All notices, orders, contracts, certificates, rules and regulations, or other documents or papers
(2002 Ed.)
[Title 79 RCW—page 33]
79.01.712
Title 79 RCW: Public Lands
made and issued by or on behalf of the department of natural
resources, or the commissioner of public lands, as provided
in this chapter, shall be authenticated by a seal whereon shall
be the vignette of George Washington, with the words "Seal
of the commissioner of public lands, State of Washington."
[1988 c 128 § 58; 1927 c 255 § 188; RRS § 7797-188.
Formerly RCW 43.65.070.]
79.01.720 Fees. The commissioner of public lands for
services performed by him, may charge and collect fees as
determined by the board of natural resources for each
category of services performed based on costs incurred.
[1979 ex.s. c 109 § 18; 1959 c 153 § 1; 1927 c 255 § 190;
RRS § 7797-190. Formerly RCW 43.12.120.]
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.724 Fee book—Verification. The commissioner of public lands shall keep a fee book, in which shall be
entered all fees received by him, with the date paid and the
name of the person paying the same, and the nature of the
services rendered for which the fee is charged, which book
shall be verified monthly by his affidavit entered therein, and
all fees collected by him shall be paid into the state treasury
to the *RMCA within the general fund and the receipt of the
state treasurer taken therefor and retained in the office of the
commissioner of public lands as a voucher. [1979 ex.s. c
109 § 19; 1927 c 255 § 191; RRS § 7797-191. Formerly
RCW 43.12.130.]
Reviser’s note: *(1) "RMCA" apparently refers to the resource
management cost account created in RCW 79.64.020. See RCW 79.01.088.
(2) This section does not apply to state tidelands, shorelands, harbor
areas, and the beds of navigable waters. See RCW 79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.01.728 Assessments paid to be added to purchase
price of land. When any public land of the state as defined
in this chapter shall have been assessed for local improvements, or for benefits, by any municipal corporation authorized by law to assess the same, and such assessments have
been paid by the state, and such land is offered for sale,
there shall be added to the value of such land, appraised as
provided by this chapter, the amount of assessments paid by
the state, which amount so added shall be paid by the
purchaser, in case of sale, in equal annual installments at the
same time, and with the same rate of interest upon deferred
payments, as the installments of the purchase price are paid,
in addition to the amounts otherwise due to the state for said
land, and no deed shall be executed until such assessments
have been paid. [1927 c 255 § 192; RRS § 7797-192.
Prior: 1925 ex.s. c 180 § 1; 1909 c 154 § 7; 1907 c 73 § 3;
1905 c 144 § 5. Formerly RCW 79.44.110.]
Assessments paid by state to be added to purchase price of land: RCW
79.44.095.
79.01.732 Appearance before United States land
offices. The commissioner of public lands is authorized and
directed to appear before the United States land offices in all
cases involving the validity of the selections of any lands
granted to the state, and to summon witnesses and pay
necessary witness fees and stenographer fees in such
[Title 79 RCW—page 34]
contested cases. [1927 c 255 § 193; RRS § 7797-193.
Formerly RCW 43.12.070.]
79.01.736 Duty of attorney general—Commissioner
may represent state. It shall be the duty of the attorney
general, to institute, or defend, any action or proceeding to
which the state, or the commissioner of public lands, or the
board of natural resources, is or may be a party, or in which
the interests of the state are involved, in any court of this
state, or any other state, or of the United States, or in any
department of the United States, or before any board or
tribunal, when requested so to do by the commissioner of
public lands, or the board of natural resources, or upon his
own initiative.
The commissioner of public lands is authorized to
represent the state in any such action or proceeding relating
to any public lands of the state. [1959 c 257 § 40; 1927 c
255 § 194; RRS § 7797-194. Prior: 1909 c 223 § 7; 1897
c 89 § 65; 1895 c 178 § 100. Formerly RCW 79.08.020.]
79.01.740 Reconsideration of official acts. The
department of natural resources may review and reconsider
any of its official acts relating to state lands until such time
as a lease, contract, or deed shall have been made, executed,
and finally issued, and the department may recall any lease,
contract, or deed issued for the purpose of correcting
mistakes or errors, or supplying omissions. [1982 1st ex.s.
c 21 § 177; 1927 c 255 § 195; RRS § 7797-195. Formerly
RCW 43.65.080.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
79.01.744 Reports. (1) It shall be the duty of the
commissioner of public lands to report, and recommend, to
each session of the legislature, any changes in the law
relating to the methods of handling the public lands of the
state that he may deem advisable.
(2) The commissioner of public lands shall provide a
comprehensive biennial report to reflect the previous fiscal
period. The report shall include, but not be limited to,
descriptions of all department activities including: Revenues
generated, program costs, capital expenditures, personnel,
special projects, new and ongoing research, environmental
controls, cooperative projects, intergovernmental agreements,
the adopted sustainable harvest compared to the sales program, and outlines of ongoing litigation, recent court
decisions and orders on major issues with the potential for
state liability. The report shall describe the status of the
resources managed and the recreational and commercial
utilization. The report shall be given to the chairs of the
house and senate committees on ways and means and the
house and senate committees on natural resources, including
one copy to the staff of each of the committees, and shall be
made available to the public.
(3) The commissioner of public lands shall provide
annual reports to the respective trust beneficiaries, including
each county. The report shall include, but not be limited to,
the following: Acres sold, acres harvested, volume from
those acres, acres planted, number of stems per acre, acres
precommercially thinned, acres commercially thinned, acres
partially cut, acres clear cut, age of final rotation for acres
(2002 Ed.)
Public Lands Act
clear cut, and the total number of acres off base for harvest
and an explanation of why those acres are off base for
harvest. [1997 c 448 § 3; 1987 c 505 § 76; 1985 c 93 § 3;
1927 c 255 § 196; RRS § 7797-196. Prior: 1907 c 114 §
1; RRS § 7801. Formerly RCW 43.12.150.]
79.01.748 Trespasser guilty of larceny, when. Every
person who wilfully commits any trespass upon any public
lands of the state and cuts down, destroys or injures any
timber, or any tree standing or growing thereon, or takes, or
removes, or causes to be taken, or removed, therefrom any
wood or timber lying thereon, or maliciously injures or
severs anything attached thereto, or the produce thereof, or
digs, quarries, mines, takes or removes therefrom any earth,
soil, stone, mineral, clay, sand, gravel, or any valuable materials, shall be guilty of larceny. [1927 c 255 § 197; RRS §
7797-197. Prior: 1889-90 pp 124-125 §§ 1, 4. Formerly
RCW 79.40.010.]
79.01.752 Lessee or contract holder guilty of
misdemeanor, when. Every person being in lawful possession of any public lands of the state, under and by virtue
of any lease or contract of purchase from the state, cuts
down, destroys or injures, or causes to be cut down, destroyed or injured, any timber standing or growing thereon,
or takes or removes, or causes to be taken or removed,
therefrom, any wood or timber lying thereon, or maliciously
injures or severs anything attached thereto, or the produce
thereof, or digs, quarries, mines, takes or removes therefrom,
any earth, soil, clay, sand, gravel, stone, mineral or other
valuable material, or causes the same to be done, or otherwise injures, defaces or damages, or causes to be injured,
defaced or damaged, any such lands unless expressly authorized so to do by the lease or contract under which he holds
possession of such lands, or by the provisions of law under
and by virtue of which such lease or contract was issued,
shall be guilty of a misdemeanor. [1927 c 255 § 198; RRS
§ 7797-198. Prior: 1899 c 34 §§ 1 through 3. Formerly
RCW 79.40.020.]
79.01.756 Removal of timber, manufacture into
articles—Treble damages. Every person who shall cut or
remove, or cause to be cut or removed, any timber growing
or being upon any public lands of the state, or who shall
manufacture the same into logs, bolts, shingles, lumber or
other articles of use or commerce, unless expressly authorized so to do by a bill of sale from the state, or by a lease
or contract from the state under which he holds possession
of such lands, or by the provisions of law under and by
virtue of which such bill of sale, lease or contract was
issued, shall be liable to the state in treble the value of the
timber or other articles so cut, removed or manufactured, to
be recovered in a civil action, and shall forfeit to the state all
interest in and to any article into which said timber is
manufactured. [1927 c 255 § 199; RRS § 7797-199. Prior:
1897 c 89 § 66; 1895 c 178 § 101. Formerly RCW
79.40.030.]
Firewood on state lands: Chapter 76.20 RCW.
Injunction to prevent waste on public land: RCW 64.12.050.
Injury to or removing trees, etc.—Damages: RCW 64.12.030.
Penalty for destroying native flora: RCW 47.40.080.
(2002 Ed.)
79.01.744
79.01.760 Trespass, waste, damages—Prosecutions.
(1) Every person who, without authorization, uses or
occupies public lands, removes any valuable material as
defined in RCW 79.01.038 from public lands, or causes
waste or damage to public lands, or injures publicly owned
personal property or publicly owned improvements to real
property on public lands, is liable to the state for treble the
amount of the damages. However, liability shall be for
single damages if the department of natural resources
determines, or the person proves upon trial, that the person,
at time of the unauthorized act or acts, did not know, or
have reason to know, that he or she lacked authorization.
Damages recoverable under this section include, but are not
limited to, the market value of the use, occupancy, or things
removed, had the use, occupancy, or removal been authorized; and any damages caused by injury to the land,
publicly owned personal property or publicly owned improvement, including the costs of restoration. In addition,
the person is liable for reimbursing the state for its reasonable costs, including but not limited to, its administrative
costs, survey costs to the extent they are not included in
damages awarded for restoration costs, and its reasonable
attorneys’ fees and other legal costs.
(2) This section does not apply in any case where
liability for damages is provided under RCW 64.12.030,
4.24.630, 79.01.756, or 79.40.070.
(3) The department of natural resources is authorized
and directed to investigate all trespasses and wastes upon,
and damages to, public lands of the state, and to cause
prosecutions for, and/or actions for the recovery of, the
same, to be commenced as is provided by law. [1994 c 280
§ 2; 1993 c 266 § 1; 1927 c 255 § 200; RRS § 7797-200.
Prior: 1897 c 89 § 64; 1895 c 178 § 99. Formerly RCW
79.40.040.]
Waste and trespass: Chapter 64.12 RCW.
79.01.765 Rewards for information regarding
violations. The department of natural resources is authorized to offer and pay a reward not to exceed ten thousand
dollars in each case for information regarding violations of
any statute or rule relating to the state’s public lands and
natural resources on those lands, except forest practices
under chapter 76.09 RCW. No reward may be paid to any
federal, state, or local government or agency employees for
information obtained by them in the normal course of their
employment. The department of natural resources is
authorized to adopt rules in pursuit of its authority under this
section to determine the appropriate account or fund from
which to pay the reward. The department is also authorized
to adopt rules establishing the criteria for paying a reward
and the amount to be paid. No appropriation shall be
required for disbursement. [1994 c 56 § 1; 1990 c 163 § 8.]
79.01.770 School districts, institutions of higher
education, purchase of leased lands with improvements
by—Authorized—Exception—Price. Notwithstanding the
provisions of RCW 79.01.096 or any other provision of law,
any school district or institution of higher education leasing
land granted to the state by the United States and on which
land such district or institution has placed improvements as
defined in RCW 79.01.036 shall be afforded the opportunity
[Title 79 RCW—page 35]
79.01.770
Title 79 RCW: Public Lands
by the department of natural resources at any time to
purchase such land, excepting land over which the department retains management responsibilities, for the
purposes of schoolhouse construction and/or necessary
supporting facilities or structures at the appraised value
thereof less the value that any improvements thereon added
to the value of the land itself at the time of the sale thereof.
[1985 c 200 § 1; 1982 1st ex.s. c 31 § 1; 1980 c 115 § 8;
1971 ex.s. c 200 § 2.]
Severability—1980 c 115: See note following RCW 28A.335.090.
Severability—1971 ex.s. c 200: See note following RCW 79.01.096.
79.01.774 School districts, institutions of higher
education, purchase of leased lands with improvements
by—Certain purchases classified—Payable out of common school construction fund. The purchases authorized
under RCW 79.01.770 shall be classified as for the construction of common school plant facilities under RCW
28A.525.010 through 28A.525.222 and shall be payable out
of the common school construction fund as otherwise
provided for in RCW 28A.515.320 if the school district
involved was under emergency school construction classification as established by the state board of education at any
time during the period of its lease of state lands. [1990 c 33
§ 596; 1971 ex.s. c 200 § 3.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Severability—1971 ex.s. c 200: See note following RCW 79.01.096.
79.01.778 School districts, institutions of higher
education, purchase of leased lands with improvements
by—Extension of contract period, when—Limitation. In
those cases where the purchases, as authorized by RCW
79.01.770 and 79.01.774, have been made on a ten year
contract, the board of natural resources, if it deems it in the
best interest of the state, may extend the term of any such
contract to not to exceed an additional ten years under such
terms and conditions as the board may determine. [1971
ex.s. c 200 § 4.]
Severability—1971 ex.s. c 200: See note following RCW 79.01.096.
79.01.780 Determination if lands purchased or
leased by school districts or institutions of higher education are used as school sites—Reversion, when. Notwithstanding any other provisions of law, annually the board of
natural resources shall determine if lands purchased or leased
by school districts or institutions of higher education under
the provisions of RCW 79.01.096 and 79.01.770 are being
used for school sites. If such land has not been used for
school sites for a period of seven years the title to such land
shall revert to the original trust for which it was held. [1971
ex.s. c 200 § 5.]
Severability—1971 ex.s. c 200: See note following RCW 79.01.096.
79.01.784 Urban lands—Cooperative planning,
development. The purpose of this section is to foster
cooperative planning between the state of Washington, the
department of natural resources, and local governments as to
state-owned lands under the department’s jurisdiction
situated in urban areas.
[Title 79 RCW—page 36]
At least once a year, prior to finalizing the department’s
urban land leasing action plan, the department and applicable
local governments shall meet to review state and local plans
and to coordinate planning in areas where urban lands are
located. The department and local governments may enter
into formal agreements for the purpose of planning the
appropriate development of these state-owned urban lands.
The department shall contact those local governments
which have planning, zoning, and land-use regulation
authority over areas where urban lands under its jurisdiction
are located so as to facilitate these annual or other meetings.
"Urban lands" as used in this section shall mean those
areas which within ten years are expected to be intensively
used for locations of buildings, structures, and usually have
urban governmental services.
"Local government" as used in this section shall mean
counties, cities, and towns having planning and land-use
regulation authority. [1979 ex.s. c 56 § 1.]
79.01.790 Findings—Damage to timber. From time
to time timber on state land is damaged by events such as
fire, wind storms, and flooding. After such events the
timber becomes very susceptible to loss of value and quality
due to rot and disease. To obtain maximum value for the
state, it is important to sell any damaged timber as fast as
possible while providing ample protection for the physical
environment and recognizing the sensitivity of removing
timber from certain locations. [1987 c 126 § 1.]
79.01.795 Sale of damaged valuable materials.
When the department finds valuable materials on state land
that are damaged by fire, wind, flood, or from any other
cause, it shall determine if the salvage of the damaged
valuable materials is in the best interest of the trust for
which the land is held. If salvaging the valuable materials
is in the best interest of the trust, the department shall
proceed to offer the valuable materials for sale. The
valuable materials, when offered for sale, must be sold in the
most expeditious and efficient manner as determined by the
department. In determining if the sale is in the best interest
of the trust the department shall consider the net value of the
valuable materials and relevant elements of the physical and
social environment. [2001 c 250 § 14; 1987 c 126 § 2.]
79.01.800 Seaweed—Marine aquatic plants defined.
Unless the context clearly requires otherwise, the definition
in this section applies throughout this chapter.
"Marine aquatic plants" means saltwater marine plant
species that are dependent upon the marine aquatic or tidal
environment, and exist in either an attached or free-floating
state. Marine aquatic plants include but are not limited to
seaweed of the classes Chlorophyta, Phaeophyta, and
Rhodophyta. [1993 c 283 § 2.]
Findings—1993 c 283: "The legislature finds that the plant resources
of marine aquatic ecosystems have inherent value and provide essential
habitat. These resources are also becoming increasingly valuable as
economic commodities and may be declining. The legislature further finds
that the regulation of harvest of these resources is currently inadequate to
afford necessary protection." [1993 c 283 § 1.]
79.01.805 Seaweed—Personal use limit—
Commercial harvesting prohibited—Exception—Import
(2002 Ed.)
Public Lands Act
restriction. (1) The maximum daily wet weight harvest or
possession of seaweed for personal use from all aquatic
lands as defined under RCW 79.90.010 and all privately
owned tidelands is ten pounds per person. The department
of natural resources in cooperation with the department of
fish and wildlife may establish seaweed harvest limits of less
than ten pounds for conservation purposes. This section
shall in no way affect the ability of any state agency to
prevent harvest of any species of marine aquatic plant from
lands under its control, ownership, or management.
(2) Except as provided under subsection (3) of this
section, commercial harvesting of seaweed from aquatic
lands as defined under RCW 79.90.010, and all privately
owned tidelands is prohibited. This subsection shall in no
way affect commercial seaweed aquaculture.
(3) Upon mutual approval by the department and the
department of fish and wildlife, seaweed species of the
genus Macrocystis may be commercially harvested for use
in the herring spawn-on-kelp fishery.
(4) Importation of seaweed species of the genus
Macrocystis into Washington state for the herring spawn-onkelp fishery is subject to the fish and shellfish disease
control policies of the department of fish and wildlife.
Macrocystis shall not be imported from areas with fish or
shellfish diseases associated with organisms that are likely to
be transported with Macrocystis. The department shall
incorporate this policy on Macrocystis importation into its
overall fish and shellfish disease control policies. [1996 c
46 § 1; 1994 c 286 § 1; 1993 c 283 § 3.]
Effective date—1994 c 286: "This act shall take effect July 1, 1994."
[1994 c 286 § 6.]
Findings—1993 c 283: See note following RCW 79.01.800.
79.01.810 Seaweed—Harvest and possession violations—Penalties and damages. It is unlawful to exceed the
harvest and possession restrictions imposed under RCW
79.01.805. A violation of this section is a misdemeanor
punishable in accordance with RCW 9.92.030, and a violation taking place on aquatic lands is subject to the provisions
of RCW 79.01.760. A person committing a violation of this
section on private tidelands which he or she owns is liable
to the state for treble the amount of damages to the seaweed
resource, and a person trespassing on private tidelands and
committing a violation of this section is liable to the private
tideland owner for treble the amount of damages to the
seaweed resource. Damages recoverable include, but are not
limited to, damages for the market value of the seaweed, for
injury to the aquatic ecosystem, and for the costs of restoration. In addition, the person is liable for reimbursing the
injured party for the party’s reasonable costs, including but
not limited to investigative costs and reasonable attorneys’
fees and other litigation-related costs. [1994 c 286 § 2; 1993
c 283 § 4.]
Effective date—1994 c 286: See note following RCW 79.01.805.
Findings—1993 c 283: See note following RCW 79.01.800.
79.01.815 Seaweed—Enforcement. The department
of fish and wildlife and law enforcement authorities may
enforce the provisions of RCW 79.01.805 and 79.01.810.
[1994 c 286 § 3; 1993 c 283 § 5.]
Effective date—1994 c 286: See note following RCW 79.01.805.
(2002 Ed.)
79.01.805
Findings—1993 c 283: See note following RCW 79.01.800.
Chapter 79.08
GENERAL PROVISIONS
Sections
79.08.015
Exchange of land under control of department of natural
resources—Public notice—News release—Hearing—
Procedure.
79.08.070 University demonstration forest and experiment station.
79.08.080 Grant of lands for city park or playground purposes.
79.08.090 Exchange of lands to secure city parks and playgrounds.
79.08.100 Director of ecology to assist city parks.
79.08.110 Relinquishment to United States, in certain cases of reserved
mineral rights.
79.08.120 Leases to United States for national defense.
79.08.140 Prospecting leases and contracts on state lands.
79.08.150 Option contracts and coal leases on state lands.
79.08.160 Oil and gas leases on state lands.
79.08.170 Transfer of county auditor’s duties to county treasurer.
79.08.180 Exchange of state lands—Additional purposes—Conditions.
79.08.190 Exchange of lands to facilitate marketing of forest products
or to consolidate and block up state lands—Lands acquired—How held and administered.
79.08.200 Exchange of lands to facilitate marketing of forest products
or to consolidate and block up state lands—Agreements,
deeds, etc.
79.08.210 Transfer of state forest lands back to counties for park use—
Procedure—Timber resource management.
79.08.250 Exchange of lands—Purposes.
79.08.260 Exchange of bedlands—Cowlitz river.
79.08.275 Milwaukee Road corridor—Management and control.
79.08.277 Milwaukee Road corridor—Recreational use—Permit—
Rules—Fees.
79.08.279 Powers with respect to Milwaukee Road corridor.
79.08.281 Milwaukee Road corridor—Leasing—Duties with respect to
unleased portions.
79.08.283 Milwaukee Road corridor—Authority to terminate or modify
leases—Notice.
79.08.284 Milwaukee Road corridor—Cross-state trail—Land transfers—Rail carrier franchise.
Facilitating recovery from Mt. St. Helens eruption—Scope of state agency
action: RCW 43.01.210.
Land use data bank—Contents, source—Consultants authorized—Use:
RCW 79.68.120.
Multiple use concept in management and administration of state-owned
lands: Chapter 79.68 RCW.
University of Washington, lease of lands with outdoor recreation potential—
Restrictions—Unlawful to use posted lands: RCW 28B.20.328.
Washington State University, lease of lands with outdoor recreation
potential—Restrictions—Unlawful to use posted lands: RCW
28B.30.325.
79.08.015 Exchange of land under control of
department of natural resources—Public notice—News
release—Hearing—Procedure. Before the department of
natural resources presents a proposed exchange to the board
of natural resources involving an exchange of any lands
under the administrative control of the department of natural
resources, the department shall hold a public hearing on the
proposal in the county where the state land or the greatest
proportion thereof is located. Ten days but not more than
twenty-five days prior to such hearing, the department shall
publish a paid public notice of reasonable size in display
advertising form, setting forth the date, time, and place of
the hearing, at least once in one or more daily newspapers
of general circulation in the county and at least once in one
or more weekly newspapers circulated in the area where the
[Title 79 RCW—page 37]
79.08.015
Title 79 RCW: Public Lands
state-owned land is located. A news release pertaining to the
hearing shall be disseminated among printed and electronic
media in the area where the state land is located. The public
notice and news release also shall identify lands involved in
the proposed exchange and describe the purposes of the
exchange and proposed use of the lands involved. A
summary of the testimony presented at the hearings shall be
prepared for the board’s consideration when reviewing the
department’s exchange proposal. If there is a failure to
substantially comply with the procedures set forth in this
section, then the exchange agreement shall be subject to
being declared invalid by a court. Any such suit must be
brought within one year from the date of the exchange
agreement. [1979 c 54 § 1; 1975 1st ex.s. c 107 § 2.]
Exchange of state land by parks and recreation commission, procedure:
RCW 79A.05.180.
79.08.070 University demonstration forest and
experiment station. For the purpose of securing an area
suitable for a demonstration forest and forest experiment
station for the University of Washington authority is hereby
granted the board of regents of the University of Washington
and the commissioner of public lands with the advice and
approval of the state board of land commissioners, all acting
with the advice and approval of the attorney general, to
exchange all or any portion of the granted lands of the
University of Washington assigned for the support of said
university by section 9 of chapter 122 of the act of March
14th, 1893, enacted by the legislature of Washington, being
entitled, "An act providing for the location, construction and
maintenance of the University of Washington, and making an
appropriation therefor, and declaring an emergency," for all
or any portion of such lands as may be acquired by the state
under and by virtue of chapter 102, of the Session Laws of
Washington for the year 1913, being: "An act relating to
lands granted to the state for common schools and for
educational, penal, reformatory, charitable, capitol buildings
and other purposes providing for the completion of such
grants and the relinquishment of certain granted lands; and
making an appropriation," approved March 18th, 1913, by
exchange with the United States in the Pilchuck-SultanWallace watersheds included within the present boundaries
of the Snoqualmie national forest. Said board of regents and
commissioner of public lands with the advice and approval
aforesaid are hereby authorized to execute such agreements,
writings or relinquishments as are necessary or proper for the
purpose of carrying said exchange into effect and such
agreements or other writings to be executed in duplicate, one
to be filed with the commissioner of public lands and one to
be delivered to the said board of regents. Said exchange
shall be made upon the basis of equal values to be determined by careful valuation of the areas to be exchanged.
[1917 c 66 § 1; RRS § 7848.]
Reviser’s note: 1893 c 122 § 9 referred to herein reads as follows:
"That 100,000 acres of the lands granted by section 17 of the enabling act,
approved February 22, 1889, for state, charitable, educational, penal and
reformatory institutions are hereby assigned for the support of the University
of Washington."
79.08.080 Grant of lands for city park or playground purposes. Whenever application is made to the
commissioner of public lands by any incorporated city or
[Title 79 RCW—page 38]
town or metropolitan park district for the use of any state
owned tide or shore lands within the corporate limits of said
city or town or metropolitan park district for municipal park
and/or playground purposes, he shall cause such application
to be entered in the records of his office, and shall then
forward the same to the governor, who shall appoint a
committee of five representative citizens of said city or
town, in addition to the commissioner of public lands and
the director of ecology, both of whom shall be ex officio
members of said committee, to investigate said lands and
determine whether they are suitable and needed for such
purposes; and, if they so find, the land commissioner shall
certify to the governor that the property shall be deeded to
the said city or town or metropolitan park district and the
governor shall then execute a deed in the name of the state
of Washington, attested by the secretary of state, conveying
the use of such lands to said city or town or metropolitan
park district for said purposes for so long as it shall continue
to hold, use and maintain said lands for such purposes.
[1988 c 127 § 33; 1939 c 157 § 1; RRS § 7993-1.]
79.08.090 Exchange of lands to secure city parks
and playgrounds. In the event there are no state owned
tide or shore lands in any such city or town or metropolitan
park district suitable for such purposes and the committee
finds other lands therein which are suitable and needed
therefor, the commissioner of public lands is hereby authorized to secure the same by exchanging state owned tide or
shore lands in the same county of equal value therefor, and
the use of the lands so secured shall be conveyed to any
such city or town or metropolitan park district as provided
for in RCW 79.08.080. In all such exchanges the commissioner of public lands shall be and he is hereby authorized
and directed, with the assistance of the attorney general, to
execute such agreements, writings, relinquishments and
deeds as are necessary or proper for the purpose of carrying
such exchanges into effect. Upland owners shall be notified
of such state owned tide or shore lands to be exchanged.
[1939 c 157 § 2; RRS § 7993-2.]
79.08.100 Director of ecology to assist city parks.
The director of ecology, in addition to serving as an ex
officio member of any such committee, is hereby authorized
and directed to assist any such city or town or metropolitan
park district in the development and decoration of any lands
so conveyed and to furnish trees, grass, flowers and shrubs
therefor. [1988 c 127 § 34; 1939 c 157 § 3; RRS § 7993-3.]
79.08.110 Relinquishment to United States, in
certain cases of reserved mineral rights. Whenever the
state shall have heretofore sold or may hereafter sell any
state lands and issued a contract of purchase or executed a
deed of conveyance therefor, in which there is a reservation
of all oils, gases, coal, ores, minerals and fossils of every
kind and of rights in connection therewith, and the United
States of America shall have acquired for governmental
purposes and uses all right, title, claim and interest of the
purchaser, or grantee, or his successors in interest or assigns,
in or to said contract or the land described therein, except
such reserved rights, and no oils, gases, coal, ores, minerals
or fossils of any kind have been discovered or are known to
(2002 Ed.)
General Provisions
79.08.110
exist in or upon such lands, the commissioner of public
lands may, if he deems advisable, cause to be prepared a
deed of conveyance to the United States of America of such
reserved rights, and certify the same to the governor in the
manner provided by law for deeds to state lands, and the
governor shall be, and hereby is authorized to execute, and
the secretary of state to attest, a deed of conveyance for such
reserved rights to the United States of America. [1931 c 105
§ 1; RRS § 8124-1.]
(7) Land exchanged under this section shall not be used
to reduce the publicly owned forest land base.
(8) The board of natural resources shall determine that
each land exchange is in the best interest of the trust for
which the land is held prior to authorizing the land exchange. [1987 c 113 § 1; 1983 c 261 § 1; 1973 1st ex.s. c
50 § 2; 1961 c 77 § 4; 1957 c 290 § 1.]
Certification of deed to governor: RCW 79.01.220.
79.08.190 Exchange of lands to facilitate marketing
of forest products or to consolidate and block up state
lands—Lands acquired—How held and administered.
Lands acquired by the state of Washington as the result of
any exchange authorized by RCW 79.08.180 through
79.08.200, shall be held and administered for the benefit of
the same fund and subject to the same laws as were the
lands exchanged therefor. [1957 c 290 § 2.]
79.08.120 Leases to United States for national
defense. State lands may be leased to the United States for
national defense purposes at the fair rental value thereof as
determined by the commissioner of public lands, for a period
of five years or less. Such leases may be made without
competitive bidding at public auction and without payment
in advance by the United States government of the first
year’s rental. Such leases otherwise shall be negotiated and
arranged in the same manner as other leases of state lands.
[1941 c 66 § 1; Rem. Supp. 1941 § 8122-1.]
79.08.140 Prospecting leases and contracts on state
lands. See RCW 79.01.616 through 79.01.648.
79.08.150 Option contracts and coal leases on state
lands. See RCW 79.01.652 through 79.01.696.
79.08.160 Oil and gas leases on state lands. See
chapter 79.14 RCW.
Exchange to block up holdings: RCW 76.12.050, 76.12.060.
79.08.200 Exchange of lands to facilitate marketing
of forest products or to consolidate and block up state
lands—Agreements, deeds, etc. The commissioner of
public lands shall, with the advice and approval of the
attorney general, execute such agreements, writings, or
relinquishments and certify to the governor such deeds as are
necessary or proper to execute such exchange authorized by
RCW 79.08.180 through 79.08.200. [1957 c 290 § 3.]
79.08.210 Transfer of state forest lands back to
counties for park use—Procedure—Timber resource
management. See RCW 76.12.072 through 76.12.075.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
79.08.250 Exchange of lands—Purposes. The
department of natural resources may exchange surplus real
property previously acquired by the department as administrative sites. The property may be exchanged for any public
or private real property of equal value, to preserve archeological sites on trust lands, to acquire land to be held in
natural preserves, to maintain habitats for endangered species, or to acquire or enhance sites to be dedicated for recreational purposes. [1979 c 24 § 1.]
79.08.180 Exchange of state lands—Additional
purposes—Conditions. The department of natural resources, with the approval of the board of natural resources, may
exchange any state land and any timber thereon for any land
of equal value in order to:
(1) Facilitate the marketing of forest products of state
lands;
(2) Consolidate and block-up state lands;
(3) Acquire lands having commercial recreational
leasing potential;
(4) Acquire county-owned lands;
(5) Acquire urban property which has greater income
potential or which could be more efficiently managed by the
department in exchange for state urban lands as defined in
RCW 79.01.784; or
(6) Acquire any other lands when such exchange is
determined by the board of natural resources to be in the
best interest of the trust for which the state land is held.
79.08.260 Exchange of bedlands—Cowlitz river. (1)
The department of natural resources is authorized to exchange bedlands abandoned through rechanneling of the
Cowlitz river near the confluence of the Columbia river so
that the state obtains clear title to the Cowlitz river as it now
exists or where it may exist in the future through the
processes of erosion and accretion.
(2) The department of natural resources is also authorized to exchange bedlands and enter into boundary line
agreements to resolve any disputes that may arise over the
location of state-owned lands now comprising the dike that
was created in the 1920s.
(3) For purposes of chapter 150, Laws of 2001,
"Cowlitz river near the confluence of the Columbia river"
means those tidelands and bedlands of the Cowlitz river
fronting and abutting sections 10, 11, and 14, township 7
north, range 2 west, Willamette Meridian and fronting and
abutting the Huntington Donation Land Claim No. 47 and
79.08.170 Transfer of county auditor’s duties to
county treasurer. The duties of the county auditor in each
county with a population of two hundred ten thousand or
more, with regard to sales and leases of the state lands dealt
with under Title 79 RCW except RCW 79.01.100, 79.01.104,
and 79.94.040, are transferred to the county treasurer. [1991
c 363 § 152; 1983 c 3 § 201; 1955 c 184 § 1.]
(2002 Ed.)
[Title 79 RCW—page 39]
79.08.260
Title 79 RCW: Public Lands
the Blakeny Donation Land Claim No. 43, township 7 north,
range 2 west, Willamette Meridian.
(4) Nothing in chapter 150, Laws of 2001 shall be
deemed to convey to the department of natural resources the
power of eminent domain. [2001 c 150 § 2.]
protection of adjoining landowners. Permit fees shall be
established at a level that will cover costs of issuance. Upon
request of abutting landowners, the department shall notify
the landowners of permits issued for use of the corridor
adjacent to their property. [1984 c 174 § 7.]
Findings—2001 c 150: "(1) The legislature finds that in the 1920s
the Cowlitz river near the confluence of the Columbia river in Longview,
Washington was diverted from its original course by dredging and
construction of a dike. As a result, a portion of the original bed of the
Cowlitz river became a nonnavigable body of shallow water. Another
portion of the original bed of the Cowlitz river became part of a dike and
is indistinguishable from existing islands. The main channel of the Cowlitz
river was diverted over uplands to the south of the original bed and has
continued as a navigable channel.
(2) The legislature finds that continued ownership of the nonnavigable
portion of the original bed of the Cowlitz river near the confluence of the
Columbia river no longer serves the state’s interest in navigation.
Ownership of the existing navigable bed of the Cowlitz river would better
serve the state’s interest in navigation. It is also in the state’s interest to
resolve any disputes that have arisen because state-owned land is now
indistinguishable from privately owned land within the dike." [2001 c 150
§ 1.]
Severability—2001 c 150: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 c 150 § 3.]
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.08.275 Milwaukee Road corridor—Management
and control. (Contingent expiration date.) Except as
provided in RCW 79A.05.120 and 79A.05.125, the portion
of the Milwaukee Road corridor from the west end of the
bridge structure over the Columbia river, which point is
located in section 34, township 16 north, range 23 east,
W.M., to the Idaho border purchased by the state shall be
under the management and control of the department of
natural resources. [2000 c 11 § 23; 1996 c 129 § 8; 1989 c
129 § 2; 1984 c 174 § 6.]
Contingent expiration date—1996 c 129 §§ 7, 8: See note following
RCW 79A.05.315.
Intent—Effective date—Severability—1996 c 129: See notes
following RCW 79A.05.115.
Construction—1989 c 129: See note following RCW 79A.05.315.
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.08.275 Milwaukee Road corridor—Management
and control. (Contingent effective date.) The portion of
the Milwaukee Road corridor from the west end of the
bridge structure over the Columbia river, which point is
located in section 34, township 16 north, range 23 east,
W.M., to the Idaho border purchased by the state shall be
under the management and control of the department of
natural resources. [1989 c 129 § 2; 1984 c 174 § 6.]
Construction—1989 c 129: See note following RCW 79A.05.315.
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.08.277 Milwaukee Road corridor—Recreational
use—Permit—Rules—Fees. The portion of the Milwaukee
Road corridor under management and control of the department of natural resources shall be open to individuals or
organized groups which obtain permits from the department
of natural resources to travel the corridor for recreational
purposes. The department of natural resources shall, for the
purpose of issuing permits for corridor use, promulgate rules
necessary for the orderly and safe use of the corridor and
[Title 79 RCW—page 40]
79.08.279 Powers with respect to Milwaukee Road
corridor. The department of natural resources may do the
following with respect to the portion of the Milwaukee Road
corridor under its control:
(1) Enter into agreements to allow the realignment or
modification of public roads, farm crossings, water conveyance facilities, and other utility crossings;
(2) Regulate activities and restrict uses, including, but
not limited to, closing portions of the corridor to reduce fire
danger or protect public safety in consultation with local
legislative authorities or fire districts;
(3) Place hazard warning signs and close hazardous
structures;
(4) Renegotiate deed restrictions upon agreement with
affected parties; and
(5) Approve and process the sale or exchange of lands
or easements if (a) such a sale or exchange will not adversely affect the recreational, transportation or utility potential of
the corridor and (b) the department has not entered into a
lease of the property in accordance with RCW 79.08.281.
[1984 c 174 § 8.]
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.08.281 Milwaukee Road corridor—Leasing—
Duties with respect to unleased portions. (1) The department of natural resources shall offer to lease, and shall
subsequently lease if a reasonable offer is made, portions of
the Milwaukee Road corridor under its control to the person
who owns or controls the adjoining land for periods of up to
ten years commencing with June 7, 1984. The lessee shall
assume the responsibility for fire protection, weed control,
and maintenance of water conveyance facilities and culverts.
The leases shall follow standard department of natural
resources leasing procedures, with the following exceptions:
(a) The lessee may restrict public access pursuant to
RCW 79.08.277 and 79.08.281(3).
(b) The right of renewal shall be to the current lessee if
the lessee still owns or controls the adjoining lands.
(c) If two persons own or control opposite sides of the
corridor, each person shall be eligible for equal portions of
the available property.
(2) The department of natural resources has the authority to renew leases in existence on June 7, 1984.
(3) The leases shall contain a provision allowing the
department of natural resources to issue permits to travel the
corridor for recreational purposes.
(4) Unleased portions of the Milwaukee Road property
under this section shall be managed by the department of
natural resources. On these unleased portions, the department solely shall be responsible for weed control, culvert,
bridge, and other necessary maintenance and fire protection
services. The department shall place hazard warning signs
and close hazardous structures on unleased portions and shall
regulate activities and restrict uses, including closing the
(2002 Ed.)
General Provisions
corridor during seasons of high fire danger. [1984 c 174 §
9.]
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.08.283 Milwaukee Road corridor—Authority to
terminate or modify leases—Notice. The state, through the
department of natural resources, shall reserve the right to
terminate a lease entered into pursuant to RCW 79.08.281 or
modify authorized uses of the corridor for future recreation,
transportation, or utility uses. If the state elects to terminate
the lease, the state shall provide the lessee with a minimum
of six months’ notice. [1984 c 174 § 10.]
Purpose—1984 c 174: See note following RCW 79A.05.315.
79.08.284 Milwaukee Road corridor—Cross-state
trail—Land transfers—Rail carrier franchise. See RCW
79A.05.115 through 79A.05.130.
Chapter 79.12
SALES AND LEASES OF PUBLIC LANDS
AND MATERIALS
Sections
79.12.015
79.12.025
79.12.035
79.12.055
79.12.095
79.12.570
79.12.600
79.12.610
79.12.620
79.12.630
Amateur radio repeater stations—Legislative intent.
Amateur radio electronic repeater sites and units—Reduced
rental rates—Frequencies.
Retirement of interfund loans—Transfer of timber cutting
rights on forest board purchase lands to the federal land
grant trusts—Distribution of revenue from timber management activities.
Nonprofit television reception improvements districts—
Rental of public lands—Intent.
Geothermal resources—Guidelines for development.
Share crop leases authorized—Terms—Application.
Harvest, storage of crop—Notice—Warehouse receipt.
Sale, storage, or other disposition of crops.
Insurance of crop—Division of cost.
Application of other provisions to share crop leases.
79.12.015 Amateur radio repeater stations—
Legislative intent. The department of natural resources
leases state lands and space on towers located on state lands
to amateur radio operators for their repeater stations. These
sites are necessary to maintain emergency communications
for public safety and for use in disaster relief and search and
rescue support.
The licensed amateur radio operators of the state
provide thousands of hours of public communications service
to the state every year. Their communication network spans
the entire state, based in individual residences and linked
across the state through a series of mountain-top repeater
stations. The amateur radio operators install and maintain
their radios and the electronic repeater stations at their own
expense. The amateur radio operators who use their equipment to perform public services should not bear the sole
responsibility for supporting the electronic repeater stations.
In recognition of the essential role performed by the
amateur radio operators in emergency communications, the
legislature intends to reduce the rental fee paid by the
amateur radio operators while assuring the department of
natural resources full market rental for the use of stateowned property. [1988 c 209 § 1.]
(2002 Ed.)
79.08.281
79.12.025 Amateur radio electronic repeater sites
and units—Reduced rental rates—Frequencies. The
department of natural resources shall determine the lease rate
for amateur radio electronic repeater sites and units available
for public service communication. For the amateur operator
to qualify for a rent of one hundred dollars per year per site,
the amateur operator shall do one of the following: (1)
Register and remain in good standing with the state’s radio
amateur civil emergency services and amateur radio emergency services organizations, or (2) if an amateur group, sign
a statement of public service developed by the department.
The legislature’s biennial appropriations shall account
for the estimated difference between the one hundred dollar
per year, per site, per lessee paid by the qualified amateur
operators and the fair market amateur rent, as established by
the department.
The amateur radio regulatory authority approved by the
federal communication commission shall assign the radio
frequencies used by amateur radio lessees. The department
shall develop guidelines to determine which lessees are to
receive reduced rental fees as moneys are available by
legislative appropriation to pay a portion of the rent for
electronic repeaters operated by amateur radio operators.
[1995 c 105 § 1; 1988 c 209 § 2.]
79.12.035 Retirement of interfund loans—Transfer
of timber cutting rights on forest board purchase lands
to the federal land grant trusts—Distribution of revenue
from timber management activities. (1) The department
of natural resources is authorized to:
(a) Determine the total present account balance with
interest of the interfund loans made by the resource management cost account to the forest development account in
accordance with generally accepted accounting principles;
(b) Subject to approval of the board of natural resources, effectuate a transfer of timber cutting rights on forest
board purchase lands to the federal land grant trusts in such
proportion that each trust receives full and fair market value
for the interfund loans and is fully repaid or so much thereof
as possible within distribution constraints described in
subsection (2) of this section.
(2) After the effective date of the transfer authorized by
subsection (1)(b) of this section and until the exercise of the
cutting rights on the timber transferred has been fully
satisfied, the distribution of revenue from timber management activities on forest board purchase lands on which cutting rights have been transferred shall be as follows:
(a) As determined by the board of natural resources, an
amount no greater than thirty-three and three-tenths percent
to be distributed to the federal land grant trust accounts and
resource management cost account as directed by RCW
79.64.040 and 79.64.050;
(b) As determined by the board of natural resources, an
amount not less than sixteen and seven-tenths percent to the
forest development account;
(c) Fifty percent to be distributed as provided in RCW
76.12.120(2). [1988 c 70 § 3.]
Purpose—1988 c 70 § 3: "The purpose of RCW 79.12.035 is to
provide a means to retire interfund loans authorized by RCW 79.64.030
from the resource management cost account to the forest development
account. The resource management cost account is an asset of the federal
land grant trusts. Section 3 of this act is intended to authorize a process by
[Title 79 RCW—page 41]
79.12.035
Title 79 RCW: Public Lands
which the interfund loans may be repaid such that the federal land grant
trusts will receive full fair market value without disruption in income to
counties and the state general fund from management activities on state
forest lands managed pursuant to chapter 79.12 RCW." [1988 c 70 § 2.]
the state’s percentage of such crops within ten days after the
owner has received such instructions. [2000 c 18 § 1; 1949
c 203 § 4; Rem. Supp. 1949 § 7895-4.]
79.12.055 Nonprofit television reception improvements districts—Rental of public lands—Intent. The
department of natural resources shall determine the fair
market rental rate for leases to nonprofit television reception
improvement districts. It is the intent of the legislature to
appropriate general funds to pay a portion of the rent
charged to nonprofit television reception improvement
districts. It is the further intent of the legislature that such
a lessee pay an annual lease rent of fifty percent of the fair
market rental rate, as long as there is a general fund appropriation to compensate the trusts for the remainder of the fair
market rental rate. [1994 c 294 § 1.]
79.12.610 Sale, storage, or other disposition of
crops. The commissioner shall sell the crops covered by the
warehouse receipt and may comply with the provisions of
any federal act or the regulation of any federal agency with
relation to the storage or disposition of said grain or peas.
[1977 c 20 § 1; 1949 c 203 § 5; Rem. Supp. 1949 § 78955.]
Effective date—1994 c 294: "This act shall take effect July 1, 1994."
[1994 c 294 § 3.]
79.12.095 Geothermal resources—Guidelines for
development. In an effort to increase potential revenue to
the geothermal account, the department of natural resources
shall, by December 1, 1991, adopt rules providing guidelines
and procedures for leasing state-owned land for the development of geothermal resources. [1991 c 76 § 3.]
Geothermal account: Chapter 43.140 RCW.
79.12.570 Share crop leases authorized—Terms—
Application. The commissioner of public lands may lease
state lands on a share crop basis. Share crop leases shall be
on such terms and conditions and for such length of time,
not to exceed ten years, as the commissioner may prescribe.
Upon receipt of a written application to lease state lands, the
commissioner shall make such investigations as he shall
deem necessary and if he finds that such a lease would be
advantageous to the state, he may proceed with the leasing
of such lands on said basis as other state lands are leased.
[1979 ex.s. c 109 § 20; 1961 c 73 § 10; 1949 c 203 § 1;
Rem. Supp. 1949 § 7895-1.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
79.12.600 Harvest, storage of crop—Notice—
Warehouse receipt. When crops that are covered by a
share crop lease are harvested, the lessee shall give written
notice to the commissioner that the crop is being harvested,
and shall also give to the commissioner the name and
address of the warehouse or elevator to which such crops are
sold or in which such crops will be stored. The lessee shall
also serve on the owner of such warehouse or elevator a
written copy of so much of the lease as shall show the
percentage of division of the proceeds of such crop as
between lessee and lessor. The owner of such warehouse or
elevator shall make out a warehouse receipt, which receipt
may be negotiable or nonnegotiable as directed by the state,
showing the percentage of crops belonging to the state, and
the respective gross and net amounts, grade, and location
thereof, and shall deliver to the commissioner the receipt for
[Title 79 RCW—page 42]
79.12.620 Insurance of crop—Division of cost. The
lessee under any lease issued under the provisions of RCW
79.12.570 through 79.12.630 shall notify the commissioner
of public lands as soon as an estimated yield of the crop can
be obtained, such estimate to be immediately submitted to
the commissioner, who is hereby authorized to insure the
crop from loss by fire or hail. The cost of such insurance
shall be paid by the state and lessee on the same basis as the
crop returns to which each is entitled. [1949 c 203 § 6;
Rem. Supp. 1949 § 7895-6.]
79.12.630 Application of other provisions to share
crop leases. RCW 79.12.570 through 79.12.630 shall not
repeal the provisions of the general leasing statutes of the
state of Washington and all of the general provisions of such
statutes with reference to filing of applications, deposits
required therewith, forfeiture of deposits, cancellation of
leases for noncompliance and general procedures shall apply
to all leases issued under the provisions of RCW 79.12.570
through 79.12.630. [1949 c 203 § 7; Rem. Supp. 1949 §
7895-7.]
Chapter 79.14
OIL AND GAS LEASES ON STATE LANDS
Sections
79.14.010
79.14.020
79.14.030
79.14.040
79.14.050
79.14.060
79.14.070
79.14.080
79.14.090
79.14.100
79.14.110
79.14.120
79.14.130
79.14.140
79.14.150
79.14.160
79.14.170
79.14.180
79.14.190
79.14.200
79.14.210
79.14.220
79.14.900
Definitions.
Leases authorized—Terms—Duration.
Rental fees—Minimum royalties.
Compensation to owners of private rights and to state for
surface damage.
Drilling operations beyond lease term—Lease provisions.
Surrender of lease—Liability.
Royalties.
Leases of land within a geologic structure.
Cancellation or forfeiture of leases—New leases.
Cooperative or unit plans—Communization or drilling
agreements.
Customary provisions in leases.
Rules and regulations.
Wells to be located minimum distance from boundaries—
Exception.
Rights of way over public lands—Payment for timber.
Sales of timber—Rules.
Development after discovery.
Spacing and offsetting of wells.
Lands may be withheld from leasing.
Payment of royalty share—Royalty in kind.
Prior permits validated—Relinquishment for new leases.
Assignments and subleases of leases.
Appeal from rulings of commissioner.
Severability—1955 c 131.
(2002 Ed.)
Oil and Gas Leases on State Lands
Franchises on county roads and bridges: Chapter 36.55 RCW.
Gas and hazardous liquid pipelines: Chapter 81.88 RCW.
Interstate oil compact commission, governor may join: RCW 43.06.015.
Oil and gas conservation: Chapter 78.52 RCW.
79.14.010 Definitions. Whenever used in this chapter,
unless the context otherwise requires, words and terms shall
have the meaning attributed to them herein:
(1) "Public lands": Lands and areas belonging to or
held in trust by the state, including tide and submerged lands
of the Pacific Ocean or any arm thereof and lands of every
kind and nature including mineral rights reserved to the state.
(2) "Commissioner": The commissioner of public lands
of the state of Washington. [1967 c 163 § 6; 1955 c 131 §
1. Prior: 1937 c 161 § 1. Formerly RCW 78.28.280.]
1967 c 163 adopted to implement Amendment 42—Severability—
1967 c 163: See notes following RCW 64.16.005.
79.14.020 Leases authorized—Terms—Duration.
The commissioner is authorized to lease public lands for the
purpose of prospecting for, developing and producing oil,
gas or other hydrocarbon substances. Each such lease is to
be composed of not more than six hundred forty acres or an
entire government surveyed section, except a lease on river
bed, lake bed, tide and submerged lands which is to be composed of not more than one thousand nine hundred twenty
acres. All leases shall contain such terms and conditions as
may be prescribed by the rules and regulations adopted by
the commissioner in accordance with the provisions of this
chapter. Leases may be for an initial term of from five up
to ten years and shall be extended for so long thereafter as
lessee shall comply with one of the following conditions:
(1) Prosecute development on the leased land with the due
diligence of a prudent operator upon encountering oil, gas,
or other hydrocarbon substances, (2) produce any of said
substances from the leased lands, (3) engage in drilling,
deepening, repairing, or redrilling any well thereon, or (4)
participate in a unit plan to which the commissioner has
consented under RCW 78.52.450. [1986 c 34 § 1; 1985 c
459 § 2; 1955 c 131 § 2. Prior: 1937 c 161 §§ 2, 3; 1927
c 255 §§ 175, 176. Formerly RCW 78.28.290.]
Severability—1985 c 459: See note following RCW 79.01.668.
79.14.030 Rental fees—Minimum royalties. The
department of natural resources shall require as a prerequisite
to the issuing of any lease a rental as set by the board of
natural resources but not less than one dollar and twenty-five
cents per acre or such prorated share of the rental per acre
as the state’s mineral rights ownership for the first year of
such lease, payable in advance to the department of natural
resources at the time the lease is awarded and a like rental
annually in advance thereafter so long as such lease remains
in force: PROVIDED, That such rental shall cease at such
time as royalty accrues to the state from production from
such lease. Commencing with the lease year beginning on
or after oil, gas or other hydrocarbon substances are first
produced in quantities deemed paying quantities by lessee on
the land subject to such lease, lessee shall pay a minimum
royalty as set by the board of natural resources but not less
than five dollars per acre or fraction thereof or such prorated
share of the rental per acre as the state’s mineral rights
(2002 Ed.)
Chapter 79.14
ownership at the expiration of each year. Royalties payable
by the lessee shall be the royalties from production as
provided for in RCW 79.14.070 or the minimum royalty
provided herein, whichever is greater: PROVIDED, That if
such lease is unitized, the minimum royalty shall be payable
only on the leased acreage after production is obtained in
such paying quantities from such lease. [1985 c 459 § 3;
1980 c 151 § 1; 1955 c 131 § 3. Prior: 1937 c 161 § 4;
1927 c 255 § 176. Formerly RCW 78.28.300.]
Severability—1985 c 459: See note following RCW 79.01.668.
79.14.040 Compensation to owners of private rights
and to state for surface damage. No lessee shall commence any operation upon lands covered by his lease until
such lessee has provided for compensation to owners of
private rights therein according to law, or in lieu thereof,
filed a surety bond with the commissioner in an amount
sufficient in the opinion of the commissioner to cover such
compensation until the amount of compensation is determined by agreement, arbitration or judicial decision and has
provided for compensation to the state of Washington for
damage to the surface rights of the state in accordance with
the rules and regulations adopted by the commissioner.
[1955 c 131 § 4. Prior: 1937 c 161 § 6; 1927 c 255 § 175.
Formerly RCW 78.28.310.]
79.14.050 Drilling operations beyond lease term—
Lease provisions. All leases shall provide that if oil, gas or
other hydrocarbon substances are not encountered on or
before the end of the initial term, the lease shall not terminate if the lessee is then prosecuting drilling operations on
the leased lands with due diligence, in which event the same
shall remain in force so long as lessee shall keep one string
of tools in operation on the leased lands, allowing not to
exceed ninety days between the completion of one well and
the commencement of the next until such substances are
encountered in quantities deemed paying quantities by lessee.
All leases shall further provide that if oil, gas or other
hydrocarbon substances in paying quantities shall have been
discovered on the leased lands prior to the expiration of the
initial term, then in the event at any time after the expiration
of the initial term production on the leased land shall cease
from any cause, the lease shall not terminate provided lessee
resumes operations for the drilling of a well or the restoration of production within ninety days from such cessation.
The lease shall remain in force during the prosecution of
such operations, and if production results therefrom, then so
long as production continues. [1985 c 459 § 4; 1955 c 131
§ 5. Prior: 1937 c 161 § 7; 1927 c 255 § 180. Formerly
RCW 78.28.320.]
Severability—1985 c 459: See note following RCW 79.01.668.
79.14.060 Surrender of lease—Liability. Every
lessee shall have the option of surrendering his lease as to all
or any portion or portions of the land covered thereby at any
time and shall be relieved of all liability thereunder with
respect to the land so surrendered except for monetary
payments theretofore accrued and except for physical
damage to the premises embraced by his lease which have
been occasioned by his operations. [1955 c 131 § 6. Prior:
1937 c 161 §§ 8, 10. Formerly RCW 78.28.330.]
[Title 79 RCW—page 43]
79.14.070
Title 79 RCW: Public Lands
79.14.070 Royalties. All oil and gas leases issued
pursuant to this chapter shall be upon a royalty of not less
than twelve and one-half percent of the gross production of
all oil, gas or other hydrocarbons produced and saved from
the lands covered by such lease. [1955 c 131 § 7. Prior:
1937 c 161 § 9; 1927 c 255 § 176. Formerly RCW
78.28.340.]
79.14.080 Leases of land within a geologic structure. Oil and gas leases shall not be issued on unleased
lands which have been classified by the commissioner as
being within a known geologic structure of a producing oil
or gas field, except as follows: Upon application of any
person, the commissioner shall lease in areas not exceeding
six hundred forty acres, at public auction, any or all unleased
lands within such geologic structure to the person offering
the greatest cash bonus therefor at such auction. Notice of
the offer of such lands for lease will be given by publication
in a newspaper of general circulation in Olympia, Washington, and in such other publications as the commissioner may
authorize. The first publication shall be at least thirty days
prior to the date of sale. [1955 c 131 § 8. Prior: 1937 c
161 §§ 5, 11. Formerly RCW 78.28.350.]
79.14.090 Cancellation or forfeiture of leases—New
leases. The commissioner is hereby authorized to cancel any
lease issued as provided herein for nonpayment of rentals or
royalties or nonperformance by the lessee of any provision
or requirement of the lease: PROVIDED, That before any
such cancellation shall be made, the commissioner shall mail
to the lessee by registered mail, addressed to the post office
address of such lessee shown by the records of the office of
the commissioner, a notice of intention to cancel such lease
specifying the default for which the lease is subject to
cancellation. If lessee shall, within thirty days after the
mailing of said notice to the lessee, commence and thereafter
diligently and in good faith prosecute the remedying of the
default specified in such notice, then no cancellation of the
lease shall be entered by the commissioner. Otherwise, the
said cancellation shall be made and all rights of the lessee
under the lease shall automatically terminate, except that
lessee shall retain the right to continue its possession and
operation of any well or wells in regard to which lessee is
not in default: PROVIDED FURTHER, That failure to pay
rental and royalty required under leases within the time
prescribed therein shall automatically and without notice
work a forfeiture of such leases and of all rights thereunder.
Upon the expiration, forfeiture, or surrender of any lease, no
new lease covering the lands or any of them embraced by
such expired, forfeited, or surrendered lease, shall be issued
for a period of ten days following the date of such expiration, forfeiture, or surrender. If more than one application
for a lease covering such lands or any of them shall be made
during such ten-day period the commissioner shall issue a
lease to such lands or any of them to the person offering the
greatest cash bonus for such lease at a public auction to be
held at the time and place and in the manner as the commissioner shall by regulation prescribe. [1955 c 131 § 9. Prior:
1937 c 161 § 12; 1927 c 255 § 179. Formerly RCW
78.28.360.]
[Title 79 RCW—page 44]
79.14.100
Cooperative or unit plans—
Communization or drilling agreements. For the purpose
of more properly conserving the natural resources of any oil
or gas pool, field, or like area, lessees thereon and their
representatives may unite with each other, or jointly or
separately with others, in collectively adopting and operating
under a cooperative [or] unit plan of development or
operation of such pool, field, or like area, or any part
thereof, whenever determined and certified by commissioner
to be necessary or advisable in the public interest. The
commissioner is thereunto authorized, in his discretion, with
the consent of the holders of leases involved, in order to
conform with the terms and conditions of any such cooperative or unit plan to establish, alter, change or revoke exploration, drilling, producing, rental, and royalty requirements of
such leases with like consent on the part of the lessees, in
connection with the institution and operation of any such
cooperative or unit plan as he may deem necessary or proper
to secure the proper protection of the public interest.
When separate tracts cannot be independently developed
and operated in conformity with an established well spacing
or development program, any lease or any portion thereof
may be pooled with other lands, whether or not owned by
the state of Washington under a communization or drilling
agreement providing for an apportionment of production or
royalties among the separate tracts of land comprising the
drilling or spacing unit when determined by the commissioner to be in the public interest, and operations or production
pursuant to such an agreement shall be deemed to be
operations or production as to each such lease committed
thereto.
The term of any lease that has become the subject of
any cooperative or unit plan of development or operation of
a pool, field, or like area, which plan has the approval of the
commissioner, shall continue in force until the termination
of such plan, and in the event such plan is terminated prior
to the expiration of any such lease, the original term of such
lease shall continue. Any lease under this chapter hereinafter committed to any such plan embracing lands that are in
part within and in part outside of the area covered by any
such plan, shall be segregated in separate leases as to the
lands committed and the land not committed as of the
effective date of unitization. [1955 c 131 § 10. Prior: 1937
c 161 § 14. Formerly RCW 78.28.370.]
79.14.110 Customary provisions in leases. The
commissioner is authorized to insert in any lease issued
under the provisions of this chapter such terms as are
customary and proper for the protection of the rights of the
state and of the lessee and of the owners of the surface of
the leased lands not in conflict with the provisions of this
chapter. [1955 c 131 § 11. Prior: 1937 c 161 § 15; 1927
c 255 § 178. Formerly RCW 78.28.380.]
79.14.120 Rules and regulations. The commissioner
is required to prescribe and publish, for the information of
the public, all reasonable rules and regulations necessary for
carrying out the provisions of this chapter. He may amend
or rescind any rule or regulation promulgated by him under
the authority contained herein: PROVIDED, That no rule or
regulation or amendment of the same or any order rescinding
(2002 Ed.)
Oil and Gas Leases on State Lands
any rule or regulation shall become effective until after thirty
days from the promulgation of the same by publication in a
newspaper of general circulation published at the state
capitol and shall take effect and be in force at times specified therein. All rules and regulations of the commissioner
and all amendments or revocations of existing rules and
regulations shall be recorded in an appropriate book or
books, shall be adequately indexed, and shall be kept in the
office of the commissioner and shall constitute a public
record. Such rules and regulations of the commissioner shall
be printed in pamphlet form and furnished to the public free
of cost. [1955 c 131 § 12. Prior: 1937 c 161 § 16; 1927
c 255 § 178. Formerly RCW 78.28.390.]
79.14.130 Wells to be located minimum distance
from boundaries—Exception. Each lease issued under this
chapter shall provide that without the approval of the
commissioner, no well shall be drilled on the lands demised
thereby in such manner or at such location that the producing interval thereof shall be less than three hundred thirty
feet from any of the outer boundaries of the demised lands,
except that if the right to oil, gas or other hydrocarbons
underlying adjoining lands be vested in private ownership,
such approval shall not be required. [1955 c 131 § 13.
Prior: 1937 c 161 § 17. Formerly RCW 78.28.400.]
79.14.140 Rights of way over public lands—
Payment for timber. Any person granted a lease under the
provisions of this chapter shall have a right of way over
public lands, as provided by law, when necessary, for the
drilling, recovering, saving and marketing of oil, gas or other
hydrocarbons. Before any such right of way grant shall
become effective, a written application for, and a plat
showing the location of, such right of way, and the land
necessary for the well site and drilling operations, with
reference to adjoining lands, shall be filed with the commissioner. All timber on said right of way and the land
necessary for the drilling operation, shall be appraised by the
commissioner and paid for in money by the person to whom
the lease is granted. [1955 c 131 § 14. Prior: 1937 c 161
§ 18. Formerly RCW 78.28.410.]
79.14.150 Sales of timber—Rules. All sales of
timber, as prescribed in this chapter, shall be made subject
to the right, power and authority of the commissioner to
prescribe rules and regulations governing the manner of the
removal of the merchantable timber upon any lands embraced within any lease with the view of protecting the same
and other timber against destruction or injury by fire or from
other causes. Such rules or regulations shall be binding
upon the lessee, his successors in interest, and shall be
enforced by the commissioner. [1955 c 131 § 15. Prior:
1937 c 161 § 19. Formerly RCW 78.28.420.]
79.14.160 Development after discovery. After the
discovery of oil, gas or other hydrocarbons in paying
quantities, lessee shall proceed to develop the oil, gas or
other hydrocarbons in the lands covered thereby through the
drilling of such wells as will efficiently extract the oil, gas
or other hydrocarbons therefrom and such development shall
take into account the productiveness of the producing
(2002 Ed.)
79.14.120
horizon, the depth at which it occurs, the average cost of
wells, the market requirements obtaining at any given time,
and the maintenance of proper oil and gas ratios. [1955 c
131 § 16. Prior: 1937 c 161 § 20. Formerly RCW
78.28.430.]
79.14.170 Spacing and offsetting of wells. All leases
shall contain such terms, conditions, and provisions as will
protect the interests of the state with reference to spacing of
wells for the purpose of offsetting any wells on privately
owned lands. [1955 c 131 § 17. Prior: 1937 c 161 § 21.
Formerly RCW 78.28.440.]
79.14.180 Lands may be withheld from leasing.
Nothing contained in this chapter shall be construed as
requiring the commissioner to offer any tract or tracts of
land for lease; but the commissioner shall have power to
withhold any tract or tracts from leasing for oil, gas or other
hydrocarbons, if, in his judgment, the best interest of the
state will be served by so doing. [1955 c 131 § 18. Prior:
1937 c 161 § 24. Formerly RCW 78.28.450.]
79.14.190 Payment of royalty share—Royalty in
kind. The lessee shall pay to the commissioner the market
value at the well of the state’s royalty share of oil and other
hydrocarbons except gas produced and saved and delivered
by lessee from the lease. In lieu of receiving payment for
the market value of the state’s royalty share of oil, the
commissioner may elect that such royalty share of oil be
delivered in kind at the mouth of the wells into tanks
provided by the commissioner. Lessee shall pay to the
commissioner the state’s royalty share of the sale price
received by the lessee for gas produced and saved and sold
from the lease. If such gas is not sold but is used by lessee
for the manufacture of gasoline or other products, lessee
shall pay to the commissioner the market value of the state’s
royalty share of the residue gas and other products, less a
proper allowance for extraction costs. [1955 c 131 § 19.
Prior: 1937 c 161 § 25. Formerly RCW 78.28.460.]
79.14.200 Prior permits validated—Relinquishment
for new leases. All exploration permits issued by the
commissioner prior to June 9, 1955, which have not expired
or been legally canceled for nonperformance by the
permittees, are hereby declared to be valid and existing
contracts with the state of Washington, according to their
terms and provisions. The obligation of the state to conform
to the terms and provisions of such permits is hereby
recognized, and the commissioner is directed to accept and
recognize all such permits according to their express terms
and provisions. No repeal or amendment made by this
chapter shall affect any right acquired under the law as it
existed prior to such repeal or amendment, and such right
shall be governed by the law in effect at time of its acquisition. Any permit recognized and confirmed by this section
may be relinquished to the state by the permittee, and a new
lease or, if such permit contains more than six hundred forty
acres, new leases in the form provided for in this chapter,
shall be issued in lieu of same and without bonus therefor;
but the new lease or leases so issued shall be as provided for
in this chapter and governed by the applicable provisions of
[Title 79 RCW—page 45]
79.14.200
Title 79 RCW: Public Lands
this chapter instead of by the law in effect prior thereto.
[1955 c 131 § 20. Prior: 1937 c 161 § 26. Formerly RCW
78.28.470.]
79.14.210 Assignments and subleases of leases. Any
oil or gas lease issued under the authority of this chapter
may be assigned or subleased as to all or part of the acreage
included therein, subject to final approval by the commissioner, and as to either a divided or undivided interest
therein to any person. Any assignment or sublease shall take
effect as of the first day of the lease month following the
date of filing with the commissioner: PROVIDED, HOWEVER, That the commissioner may, in his discretion,
disapprove an assignment of a separate zone or deposit under
any lease or of a part of a legal subdivision. Upon approval
of any assignment or sublease, the assignee or sublessee
shall be bound by the terms of the lease to the same extent
as if such assignee or sublessee were the original lessee, any
conditions in the assignment or sublease to the contrary
notwithstanding. Any partial assignment of any lease shall
segregate the assigned and retained portions thereof, and
upon approval of such assignment by the commissioner, the
assignor shall be released and discharged from all obligations
thereafter accruing with respect to the assigned lands. [1955
c 131 § 21. Prior: 1937 c 161 § 27. Formerly RCW
78.28.480.]
79.24.087
Capitol grant revenue to capitol building construction account.
79.24.100
79.24.110
79.24.120
79.24.130
79.24.140
79.24.150
79.24.160
Bond issue authorized.
Sale of bonds—Price—Investment of funds in.
Life of bonds—Payment of interest.
Signatures—Registration of bonds.
Proceeds to capitol building construction account.
Bonds as security and legal investment.
Use of proceeds specified.
DESCHUTES BASIN
PARKING FACILITIES
79.24.300
79.24.310
79.24.320
79.24.330
79.24.340
SYLVESTER PARK
79.24.400
79.24.410
Sylvester Park—Grant authorized.
Sylvester Park—Subsurface parking facility.
79.24.450
Access to capitol grounds on described route authorized.
79.24.500
79.24.510
79.24.520
Property described.
Area designated as the east capitol site.
Acquisition of property authorized—Means—Other state
agencies to assist committee in executing chapter.
Department of general administration to design and develop
site and buildings—Approval of capitol committee.
State agencies may buy land and construct buildings thereon—Requirements.
State buildings to be constructed only on capitol grounds—
Exception.
Department of general administration to rent, lease or use
properties.
Use of proceeds from site.
Deposit, use of proceeds from sale or lease of aquatic lands
or valuable materials therefrom—Aquatic lands enhancement project grant requirements—Aquatic lands enhancement account.
Use of private real estate and rights in site declared public
use.
Severability—1961 c 167.
ACCESS TO CAPITOL GROUNDS
EAST CAPITOL SITE
79.24.530
79.14.220 Appeal from rulings of commissioner.
Any applicant for a lease under this chapter, feeling himself
aggrieved by any order or decision, rule or regulation of the
commissioner of public lands, concerning the same, may
appeal therefrom to the superior court of the county wherein
such lands are situated, as provided by RCW 79.01.500.
[1955 c 131 § 22. Prior: 1937 c 161 § 28. Formerly RCW
78.28.490.]
79.14.900 Severability—1955 c 131. If any provision
or section of this chapter shall be adjudicated to be unconstitutional, such adjudication shall not affect the validity of this
chapter as a whole or any part thereof not adjudicated
unconstitutional. If any provision of this chapter, or the
application of such provision to any person or circumstances
is held unconstitutional, invalid or unenforceable, the
remainder of this chapter or the application of such provision
to persons or circumstances other than those as to which it
is held unconstitutional, invalid or unenforceable, shall not
be affected thereby. [1955 c 131 § 23. Formerly RCW
78.28.900.]
Chapter 79.24
CAPITOL BUILDING LANDS
Sections
GENERAL
79.24.010
79.24.020
79.24.030
79.24.060
79.24.085
Designation of lands—Sale, manner, consent of board.
Use of funds restricted.
Employment of assistants—Payment of expenses.
Disposition of proceeds of sale—Publication of notice of
proposals or bids.
Disposition of money from sales.
[Title 79 RCW—page 46]
Parking facilities authorized—Rental.
Number and location of facilities.
Appropriations—Parking facilities, laboratories.
Purchase of land for parking facilities authorized.
Purchase of land for parking facilities authorized—
Construction of one-level facility.
79.24.540
79.24.550
79.24.560
79.24.570
79.24.580
79.24.590
79.24.600
STATE BUILDINGS AND PARKING FACILITIES—1969 ACT
79.24.650
79.24.652
Committee duties enumerated.
Bonds authorized—Amount—Interest and maturity—Payable
from certain revenues.
79.24.654 Maturities—Covenants—Section’s provisions as contract
with bond holders—Where payable.
79.24.656 Signatures—Registration.
79.24.658 Payment of principal and interest—State building and parking bond redemption fund—Reserve—Owner’s remedies—Disposition of proceeds of sale—Nondebt-limit
revenue bond retirement account.
79.24.660 Bonds as security and legal investment.
79.24.662 Use of bond proceeds.
79.24.664 Appropriation.
79.24.666 State capitol committee to act upon advice of legislative
committee—State capitol committee powers.
79.24.668 Severability—1969 ex.s. c 272.
Control of traffic on capitol grounds: RCW 46.08.150 and 46.08.160.
State capitol committee: Chapter 43.34 RCW.
(2002 Ed.)
Capitol Building Lands
GENERAL
79.24.010
Effective date—1985 c 57: See note following RCW 18.04.105.
79.24.010 Designation of lands—Sale, manner,
consent of board. All lands granted to the state by the
federal government for the purpose of erecting public
buildings at the state capitol shall be known and designated
as "Capitol Building Lands". None of such lands, nor the
timber or other materials thereon, shall hereafter be sold
without the consent of the board of natural resources and
only in the manner as provided for public lands and materials thereon. [1959 c 257 § 42; 1909 c 69 § 2; RRS § 7898.]
79.24.087 Capitol grant revenue to capitol building
construction account. All revenues received from leases
and sales of lands, timber and other products on the surface
or beneath the surface of the lands granted to the state of
Washington by the United States pursuant to an act of
Congress approved February 22, 1889, for capitol building
purposes, shall be paid into the "capitol building construction
account". [1923 c 12 § 1; RRS § 7921-1. Formerly RCW
43.34.060.]
79.24.020 Use of funds restricted. All funds arising
from the sale of lands granted to the state of Washington for
the purpose of erecting public buildings at the state capital
shall be held intact for the purpose for which they were
granted. Lands when selected and assigned to said grant
shall not be transferred to any other grant, nor shall the
moneys derived from said lands be applied to any other purpose than for the erection of buildings at the state capital.
[1893 c 83 § 1; RRS § 7896.]
DESCHUTES BASIN
79.24.030 Employment of assistants—Payment of
expenses. The board of natural resources and the department of natural resources may employ such cruisers,
draughtsmen, engineers, architects or other assistants as may
be necessary for the best interests of the state in carrying out
the provisions of RCW 79.24.010 through 79.24.085, and all
expenses incurred by the board and department, and all
claims against the capitol building construction account shall
be audited by the department and presented in vouchers to
the state treasurer, who shall draw a warrant therefor against
the capitol building construction account as herein provided
or out of any appropriation made for such purpose. [1988
c 128 § 62; 1985 c 57 § 76; 1973 c 106 § 37; 1959 c 257 §
43; 1911 c 59 § 12; 1909 c 69 § 7; RRS § 7903.]
Effective date—1985 c 57: See note following RCW 18.04.105.
79.24.060 Disposition of proceeds of sale—
Publication of notice of proposals or bids. The proceeds
of such sale of capitol building lands, or the timber or other
materials shall be paid into the capitol building construction
account which is hereby established in the state treasury to
be used as in *this act provided. All contracts for the
construction of capitol buildings shall be let after notice for
proposals or bids have been advertised for at least four
consecutive weeks in at least three newspapers of general
circulation throughout the state. [1985 c 57 § 77; 1959 c
257 § 44; 1911 c 59 § 10; 1909 c 69 § 5; RRS § 7901.]
79.24.100 Bond issue authorized. The state capitol
committee may issue coupon or registered bonds of the state
of Washington in an amount not exceeding one million
dollars. The bonds shall bear interest at a rate not to exceed
five percent per annum, both principal and interest to be
payable only from the capitol building construction fund
from revenues hereafter received from leases and contracts
of sale heretofore or hereafter made of lands, timber, and
other products from the surface or beneath the surface of the
lands granted to the state by the United States pursuant to
the act of congress approved February 22, 1889, for capitol
building purposes. [1947 c 186 § 1; Rem. Supp. 1947 §
7921-10.]
Capitol building construction fund abolished and moneys transferred to
capitol building construction account: RCW 43.79.330 through
43.79.334.
State capitol committee: Chapter 43.34 RCW.
79.24.110 Sale of bonds—Price—Investment of
funds in. Such bonds may be sold in such manner and in
such amount, in such denominations, and at such times as
the capitol committee shall determine, at the best price
obtainable, but not for a sum so low as to make the net
interest return to the purchaser exceed five percent per
annum as computed by standard tables upon such sums; or
the state treasurer may invest surplus cash in the accident
fund in such bonds at par, at such rate of interest, not exceeding five percent as may be agreed upon between the
treasurer and the state capitol committee, and the state
finance committee may invest any surplus cash in the
general fund, not otherwise appropriated, in such bonds at
par at such rate of interest, not exceeding five percent, as
may be agreed upon between the state finance committee
and the state capitol committee. [1947 c 186 § 2; Rem.
Supp. 1947 § 7921-11.]
*Reviser’s note: "This act" first appears in 1909 c 69 codified as
RCW 79.24.010 and 79.24.030 through 79.24.085.
Effective date—1985 c 57: See note following RCW 18.04.105.
Accident fund: RCW 51.44.010.
State finance committee: Chapter 43.33 RCW.
State treasurer: Chapter 43.08 RCW.
79.24.085 Disposition of money from sales. All
sums of money received from sales shall be paid into the
capitol building construction account in the state treasury,
and are hereby appropriated for the purposes of *this act.
[1985 c 57 § 78; 1959 c 257 § 46; 1909 c 69 § 8; RRS §
7904.]
79.24.120 Life of bonds—Payment of interest.
Bonds issued under RCW 79.24.100 through 79.24.160 shall
be payable in such manner, at such place or places, and at
such time or times, not longer than twenty years from their
date; with the option of paying any or all of said bonds at
any interest paying date, as shall be fixed by the capitol
committee, and the interest on the bonds shall be payable
*Reviser’s note: For "this act," see note following RCW 79.24.060.
(2002 Ed.)
[Title 79 RCW—page 47]
79.24.120
Title 79 RCW: Public Lands
semiannually. [1947 c 186 § 3; Rem. Supp. 1947 § 792112.]
79.24.130 Signatures—Registration of bonds. The
bonds shall be signed by the governor and state auditor
under the seal of the state, and any coupons attached thereto
shall be signed by the same officers, whose signatures
thereupon may be printed facsimile. Any of such bonds may
be registered in the name of the holder upon presentation to
the state treasurer, or at the fiscal agency of the state in New
York, as to principal alone, or as to both principal and interest, under such regulations as the state capitol committee
may prescribe. [1947 c 186 § 4; Rem. Supp. 1947 § 792113.]
79.24.140 Proceeds to capitol building construction
account. The proceeds from the sale of the bonds hereby
authorized shall be paid into the *capitol building construction fund. [1947 c 186 § 5; Rem. Supp. 1947 § 7921-14.]
*Reviser’s note: For "capitol building construction fund," see note
following RCW 79.24.100.
79.24.150 Bonds as security and legal investment.
Bonds authorized by RCW 79.24.100 through 79.24.160
shall be accepted by the state, counties, cities, towns, school
districts, and other political subdivisions as security for the
deposit of any of their funds in any banking institution. Any
officer of this state, or any county, city, town, school district,
or other political subdivision may invest surplus funds,
which he is authorized to invest in securities, and where such
authorization is not limited or restricted as to the class of
securities in which he may invest, in bonds issued under
RCW 79.24.100 through 79.24.160. [1947 c 186 § 6; Rem.
Supp. 1947 § 7921-15.]
79.24.160 Use of proceeds specified. Proceeds of the
bonds issued hereunder shall be expended by the state
capitol committee in the completion of the Deschutes Basin
project adjacent to the state capitol grounds. The project
shall embrace: (1) The acquisition by purchase or condemnation of necessary lands or easements; (2) the construction
of a dam or weir along the line of Fifth Avenue in the city
of Olympia and a parkway and railroad over the same; (3)
the construction of a parkway on the west bank of the
Deschutes Basin from the Pacific highway at the Deschutes
River to a connection with the Olympic highway; (4) the
construction of a parkway from the vicinity of Ninth Avenue
and Columbia Street in the city of Olympia around the south
side of the north Deschutes Basin, using the existing railroad
causeway, to a road along Percival Creek and connecting
with the Olympic highway; (5) the preservation of the
precipitous banks surrounding the basin by the acquisition of
easements or other rights whereby the cutting of trees and
the building of structures on the banks can be controlled; (6)
the construction by dredging of varying level areas at the
foot of the bluffs for access to water and to provide for
boating and other recreational areas; and (7) such other
undertakings as, in the judgment of the committee, are
necessary to the completion of the project.
In connection with the establishment of parkways,
causeways, streets, and highways, or the relocation thereof,
[Title 79 RCW—page 48]
and the rerouting of railroads to effectuate the general plan
of the basin project, the committee shall at all times cooperate with the department of transportation, the proper authorities of the city of Olympia, and the railroad companies
which may be involved in the rerouting of railway lines.
[1984 c 7 § 370; 1947 c 186 § 7; Rem. Supp. 1947 § 792116.]
Severability—1984 c 7: See note following RCW 47.01.141.
PARKING FACILITIES
79.24.300 Parking facilities authorized—Rental.
The state capitol committee may construct parking facilities
for the state capitol adequate to provide parking space for
automobiles, said parking facilities to be either of a single
level, multiple level, or both, and to be either on one site or
more than one site and located either on or in close proximity to the capitol grounds, though not necessarily contiguous
thereto. The state capitol committee may select such lands
as are necessary therefor and acquire them by purchase or
condemnation. As an aid to such selection the committee
may cause location, topographical, economic, traffic, and
other surveys to be conducted, and for this purpose may
utilize the services of existing state agencies, may employ
personnel, or may contract for the services of any person,
firm or corporation. In selecting the location and plans for
the construction of the parking facilities the committee shall
consider recommendations of the director of general administration.
Space in parking facilities may be rented to the officers
and employees of the state on a monthly basis at a rental to
be determined by the director of general administration. The
state shall not sell gasoline, oil, or any other commodities or
perform any services for any vehicles or equipment other
than state equipment. [1977 c 75 § 90; 1965 c 129 § 1;
1955 c 293 § 1.]
79.24.310 Number and location of facilities. The
state capitol committee may construct any two of the
following three facilities: (1) A two story parking facility
south of the transportation and public lands building in the
existing parking area; (2) multiple level but not to exceed
three story parking facility adjacent to the new office
building; (3) multiple level but not to exceed three story
parking facility adjacent to the new office building. [1955
c 293 § 2.]
79.24.320 Appropriations—Parking facilities,
laboratories. There is appropriated to the state capitol
committee from the *capitol building construction fund for
the fiscal biennium ending June 30, 1957, the sum of seven
hundred thousand dollars for the purposes of RCW
79.24.300, 79.24.310 and 79.24.320. Of this sum five hundred thousand dollars is to be used for parking purposes as
outlined above and the remaining two hundred thousand
dollars of this sum are to be used to complete the fisheries
and health laboratories in the new office building on the
contingency that it is necessary for the fisheries and health
departments to move to Olympia. [1955 c 293 § 3.]
*Reviser’s note: For "capitol building construction fund," see note
following RCW 79.24.100.
(2002 Ed.)
Capitol Building Lands
79.24.330 Purchase of land for parking facilities
authorized. For use in the construction thereon of parking
facilities in close proximity to the capitol grounds, the state
capitol committee is authorized to purchase, at a price not in
excess of one hundred thousand dollars, the following real
estate situated in the city of Olympia, Thurston county, state
of Washington, and more particularly described as: Lots
two, three, six, and seven, block eight, P.D. Moore’s
addition to the town of Olympia, according to the plat
thereof recorded in volume 1 of plats, page 32, records of
said county. [1957 c 257 § 1.]
79.24.340 Purchase of land for parking facilities
authorized—Construction of one-level facility. After
purchase of the said real estate the state capitol committee
shall construct thereon one-level parking facilities suitable
for as large a number of automobiles as may reasonably be
accommodated thereon. [1957 c 257 § 2.]
SYLVESTER PARK
79.24.400 Sylvester Park—Grant authorized. The
city of Olympia may grant to the state of Washington its
right, title and interest in that public square situated therein
and bounded by Capitol Way, Legion Way, Washington
Street and East Seventh Street, and commonly known as
Sylvester Park, and such conveyance shall in all respects
supersede the terms and effect of any prior conveyance or
agreement concerning this property. [1955 c 216 § 1.]
79.24.410 Sylvester Park—Subsurface parking
facility. The state capitol committee may accept such grant
on behalf of the state. Upon receipt from the city of Olympia of the conveyance authorized by RCW 79.24.400, the
state capitol committee may lease the premises thereby
conveyed, to any person, firm, or corporation for the purpose
of constructing, operating and maintaining a garage and
parking facility underneath the surface of said property.
The lease shall be for a term of not to exceed twentyfive years and by its terms shall require the lessee to restore
and maintain the condition of the surface of the property so
as to be available and suitable for use as a public park. The
lease shall further provide that all improvements to the property shall become the property of the state upon termination
of the lease, and may provide such further terms as the
capitol committee may deem to be advantageous. [1955 c
216 § 2.]
ACCESS TO CAPITOL GROUNDS
79.24.450 Access to capitol grounds on described
route authorized. The state capitol committee may construct a suitable access to the capitol grounds by way of
fourteenth and fifteenth streets in the city of Olympia, and
for the purpose may acquire, by purchase or condemnation,
such lands along the said streets and between Capitol Way
and Cherry Street in the city of Olympia, and construct
thereon such improvements as the state capitol committee
may deem proper for the purposes of such access. [1957 c
258 § 1.]
(2002 Ed.)
79.24.330
EAST CAPITOL SITE
79.24.500 Property described. The state capitol
committee shall proceed as rapidly as their resources permit
to acquire title to the following described property for
development as state capitol grounds:
That area bounded as follows: Commencing at a point
beginning at the southwest corner of Capitol Way and 15th
Avenue and proceeding westerly to the present easterly
boundary of the capitol grounds on the west; thence proceeding northerly along said easterly boundary of the capitol
grounds; thence proceeding easterly along the boundary of
the present capitol grounds to a point at the corner of Capitol
Way and 14th Avenue; thence proceeding southerly to the
point of beginning; also that area bounded by Capitol Way
on the west, 11th Avenue on the north, Jefferson Street on
the east, and 16th Avenue (Maple Park) on the south; also
that area bounded by Jefferson Street on the west, 14th
Avenue on the north, Cherry Street on the east and 14th
Avenue (Interstate No. 5 access) on the south; also that area
bounded by 14th Avenue (Interstate No. 5 access) on the
north, the westerly boundary of the Oregon-Washington
Railroad & Navigation Co. right-of-way on the east, 16th
Avenue on the south, and Jefferson Street on the west; also
that area bounded by 15th Avenue on the north, the westerly
boundary of the Oregon-Washington Railroad & Navigation
Co. right-of-way on the east, and 14th Avenue (Interstate
No. 5 access) on the south and west; all in the city of
Olympia, county of Thurston, state of Washington, or any
such portion or portions of the above described areas as may
be required for present or future expansion of the facilities
of the state capitol. [1967 ex.s. c 43 § 1; 1961 c 167 § 1.]
79.24.510 Area designated as the east capitol site.
The area described in RCW 79.24.500 shall be known as the
east capitol site, and upon acquisition shall become part of
the state capitol grounds. [1961 c 167 § 2.]
79.24.520 Acquisition of property authorized—
Means—Other state agencies to assist committee in
executing chapter. The state capitol committee may acquire
such property by gift, exchange, purchase, option to purchase, condemnation, or any other means of acquisition not
expressly prohibited by law. All other state agencies shall
aid and assist the state capitol committee in carrying out the
provisions of RCW 79.24.500 through 79.24.600. [1961 c
167 § 3.]
79.24.530 Department of general administration to
design and develop site and buildings—Approval of
capitol committee. The department of general administration shall develop, amend and modify an overall plan for the
design and establishment of state capitol buildings and
grounds on the east capitol site in accordance with current
and prospective requisites of a state capitol befitting the state
of Washington. The overall plan, amendments and modifications thereto shall be subject to the approval of the state
capitol committee. [1961 c 167 § 4.]
79.24.540 State agencies may buy land and construct buildings thereon—Requirements. State agencies
[Title 79 RCW—page 49]
79.24.540
Title 79 RCW: Public Lands
which are authorized by law to acquire land and construct
buildings, whether from appropriated funds or from funds
not subject to appropriation by the legislature, may buy land
in the east capitol site and construct buildings thereon so
long as the location, design and construction meet the
requirements established by the department of general
administration and approved by the state capitol committee.
[1961 c 167 § 5.]
79.24.550 State buildings to be constructed only on
capitol grounds—Exception. No state agency shall
undertake construction of buildings in Thurston county
except upon the state capitol grounds: PROVIDED, That the
state capitol committee may authorize exceptions upon a
finding by the state capitol committee that appropriate locations on the capitol grounds or east capitol site are unavailable. [1961 c 167 § 6.]
79.24.560 Department of general administration to
rent, lease or use properties. The department of general
administration shall have the power to rent, lease, or otherwise use any of the properties acquired in the east capitol
site. [1961 c 167 § 7.]
79.24.570 Use of proceeds from site. All moneys
received by the department of general administration from
the management of the east capitol site, excepting (1) funds
otherwise dedicated prior to April 28, 1967, (2) parking and
rental charges and fines which are required to be deposited
in other accounts, and (3) reimbursements of service and
other utility charges made to the department of general
administration, shall be deposited in the capitol purchase and
development account of the state general fund. [2000 c 11
§ 24; 1969 ex.s. c 273 § 11; 1963 c 157 § 1; 1961 c 167 §
8.]
79.24.580 Deposit, use of proceeds from sale or
lease of aquatic lands or valuable materials therefrom—
Aquatic lands enhancement project grant requirements—
Aquatic lands enhancement account. After deduction for
management costs as provided in RCW 79.64.040 and payments to towns under RCW 79.92.110(2), all moneys
received by the state from the sale or lease of state-owned
aquatic lands and from the sale of valuable material from
state-owned aquatic lands shall be deposited in the aquatic
lands enhancement account which is hereby created in the
state treasury. After appropriation, these funds shall be used
solely for aquatic lands enhancement projects; for the
purchase, improvement, or protection of aquatic lands for
public purposes; for providing and improving access to such
lands; and for volunteer cooperative fish and game projects.
In providing grants for aquatic lands enhancement
projects, the department shall require grant recipients to
incorporate the environmental benefits of the project into
their grant applications, and the department shall utilize the
statement of environmental benefits in its prioritization and
selection process. The department shall also develop
appropriate outcome-focused performance measures to be
used both for management and performance assessment of
the grants. To the extent possible, the department should
coordinate its performance measure system with other natural
[Title 79 RCW—page 50]
resource-related agencies as defined in RCW 43.41.270. The
department shall consult with affected interest groups in
implementing this section.
During the fiscal biennium ending June 30, 2003, the
funds may be appropriated for boating safety and shellfish
management, enforcement, and enhancement. [2002 c 371
§ 923; 2001 c 227 § 7; 1999 c 309 § 919; 1997 c 149 § 913;
1995 2nd sp.s. c 18 § 923; 1994 c 219 § 12; 1993 sp.s. c 24
§ 927; 1987 c 350 § 1; 1985 c 57 § 79; 1984 c 221 § 24;
1982 2nd ex.s. c 8 § 4; 1969 ex.s. c 273 § 12; 1967 ex.s. c
105 § 3; 1961 c 167 § 9.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
Severability—Effective date—1999 c 309: See notes following
RCW 41.06.152.
Severability—Effective date—1997 c 149: See notes following
RCW 43.08.250.
Severability—Effective date—1995 2nd sp.s. c 18: See notes
following RCW 19.118.110.
Finding—1994 c 219: See note following RCW 43.88.030.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Effective date—1987 c 350: "This act shall take effect July 1, 1989."
[1987 c 350 § 3.]
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—Effective date—1984 c 221: See RCW 79.90.901 and
79.90.902.
79.24.590 Use of private real estate and rights in
site declared public use. The use of the private real estate,
rights, and interests in the east capitol site is hereby declared
to be a public use. [1961 c 167 § 10.]
79.24.600 Severability—1961 c 167. If any provision
of RCW 79.24.500 through 79.24.590, or its application to
any person or circumstance is held invalid, the remainder of
RCW 79.24.500 through 79.24.590, or the application of the
provision to other persons or circumstances is not affected.
[1961 c 167 § 11.]
STATE BUILDINGS AND PARKING FACILITIES—
1969 ACT
79.24.650 Committee duties enumerated. The state
capitol committee shall provide for the construction, remodeling, and furnishing of capitol office buildings, parking
facilities, governor’s mansion, and such other buildings and
facilities as are determined by the state capitol committee to
be necessary to provide space for the legislature by way of
offices, committee rooms, hearing rooms, and work rooms,
and to provide executive office space and housing for the
governor, and to provide executive office space for other
elective officials and such other state agencies as may be
necessary, and to pay for all costs and expenses in issuing
the bonds and to pay interest thereon during construction of
the facilities for which the bonds were issued and six months
thereafter. [1969 ex.s. c 272 § 1.]
79.24.652 Bonds authorized—Amount—Interest
and maturity—Payable from certain revenues. In
(2002 Ed.)
Capitol Building Lands
addition to any authority previously granted, the state capitol
committee is authorized and directed to issue coupon or
registered revenue bonds of the state in an amount not to
exceed fifteen million dollars. The bonds may be sold in
such manner and amounts, and in such denominations, at
such times, at such price and shall bear interest at such rates
and mature at such times as the state capitol committee shall
determine by resolution. Both principal and interest shall be
payable only from revenues hereafter received from leases
and contracts of sale heretofore or hereafter made of lands,
timber, and other products from the surface or beneath the
surface of the lands granted to the state by the United States
pursuant to the act of congress approved February 22, 1889,
for capitol building purposes and from any parking revenues
derived from state capitol parking facilities. [1969 ex.s. c
272 § 2.]
79.24.654 Maturities—Covenants—Section’s
provisions as contract with bond holders—Where
payable. Bonds issued under RCW 79.24.650 through
79.24.668 shall mature at such time or times, and include
such provisions for optional redemption, premiums, coverage, guarantees, and other covenants as in the opinion of the
state capitol committee may be necessary. In issuing such
bonds and including such provisions, the state capitol
committee shall act for the state and all officers, departments
and agencies thereof affected by such provisions, and the
state and such other officers, departments and agencies shall
adhere to and be bound by such covenants. As long as any
of such bonds shall be outstanding, neither the state, nor any
of its officers, departments, agencies or instrumentalities,
shall divert any of the proceeds and revenues actually
pledged to secure the payment of the bonds and interest
thereon, and the provisions of this section shall restrict and
limit the powers of the legislature of the state of Washington
in respect to the matters herein mentioned as long as the
bonds are outstanding and unpaid and shall constitute a
contract to that effect for the benefit of the holders of all
such bonds. The principal and interest of said bonds shall
be payable at the office of the state treasurer, or at the office
of the fiscal agent of the state in New York City at the
option of the holder of any such bond or bonds. [1969 ex.s.
c 272 § 3.]
79.24.656 Signatures—Registration. The bonds shall
be signed by the governor and state treasurer under the seal
of the state which may be printed or engraved in the border
of such bonds. The signature of the governor may be a
facsimile printed upon the bonds and any coupons attached
thereto shall be signed with the facsimile signature of said
officials. Any of such bonds may be registered in the name
of the holder upon presentation to the state treasurer, or at
the fiscal agency of the state in New York City, as to
principal alone, or as to both principal and interest, under
such regulations as the treasurer may prescribe. [1969 ex.s.
c 272 § 4.]
79.24.658 Payment of principal and interest—State
building and parking bond redemption fund—Reserve—
Owner’s remedies—Disposition of proceeds of sale—
Nondebt-limit revenue bond retirement account. For the
(2002 Ed.)
79.24.652
purpose of paying the principal and interest of the bonds as
the bonds become due, or as the bonds become callable at
the option of the capitol committee, there is created a fund
to be denominated the "state building and parking bond
redemption fund". While any of the bonds remain outstanding and unpaid, it shall be the duty of the capitol committee
on or before June 30th of each year to determine the amount
that will be required for the redemption of bonds and the
payment of interest during the next fiscal year, and certify
the amount to the state treasurer in writing. The state
treasurer shall forthwith and thereafter during that fiscal year
and at least fifteen days prior to each interest and principal
payment date deposit into the state building and parking
bond redemption fund all receipts from any parking facilities
and to the extent necessary from receipts from leases and
contracts of sale heretofore or hereafter made of lands,
timber, and other products from the surface or beneath the
surface of the lands granted to the state by the United States
pursuant to the act of congress until the amount certified to
the treasurer by the capitol committee has accrued to the
state building and parking bond redemption fund. Nothing
in RCW 79.24.650 through 79.24.668 shall prohibit the use
of such receipts from leases and contracts of sale for any
other lawfully authorized purpose when not required for the
redemption and payment of interest and meeting the covenant requirements of the bonds authorized herein.
In addition to certifying and providing for the annual
amounts required to pay the principal and interest of the
bonds, the capitol committee may, under such terms and
conditions and at such times and in such amounts as may be
found necessary to insure the sale of the bonds, provide for
additional payments into the state building and parking bond
redemption fund to be held as a reserve to secure the
payment of the principal and interest of such bonds.
The owner and holder of any of the bonds or the trustee
for any of the bonds may by mandamus or other appropriate
proceeding require and compel the deposit and payment of
funds as directed herein.
The proceeds from the sale of the bonds hereby authorized shall be paid into the general fund—state building
construction account.
If a nondebt-limit revenue bond retirement account is
created in the state treasury by chapter 456, Laws of 1997
and becomes effective prior to the issuance of any of the
bonds authorized by this chapter, the nondebt-limit revenue
bond retirement account shall be used for the purposes of
this chapter in lieu of the state building and parking bond
redemption fund. [1997 c 456 § 28; 1969 ex.s. c 272 § 5.]
Severability—1997 c 456: See RCW 43.99L.900.
Effective date—1997 c 456 §§ 9-43: See RCW 43.99M.901.
79.24.660 Bonds as security and legal investment.
Bonds authorized by RCW 79.24.650 through 79.24.668
shall be accepted by the state, counties, cities, towns, school
districts, and other political subdivisions as security for the
deposit of any of their funds in any banking institution. Any
officer of this state, or any county, city, town, school district,
or other political subdivision may invest surplus funds,
which he is authorized to invest in securities, and where such
authorization is not limited or restricted as to the class of
[Title 79 RCW—page 51]
79.24.660
Title 79 RCW: Public Lands
securities in which he may invest, in bonds issued under
RCW 79.24.650 through 79.24.668. [1969 ex.s. c 272 § 6.]
79.24.662 Use of bond proceeds. Proceeds of the
bonds issued hereunder shall be expended by the state
capitol committee for the purposes enumerated in RCW
79.24.650. [1969 ex.s. c 272 § 7.]
79.24.664 Appropriation. There is appropriated to
the department of general administration from the general
fund—state building construction account the sum of fifteen
million dollars or so much thereof as may be necessary to
accomplish the purposes set forth in RCW 79.24.650. [1969
ex.s. c 272 § 8.]
79.24.666 State capitol committee to act upon
advice of legislative committee—State capitol committee
powers. The state capitol committee shall perform the
foregoing in accordance with law and after consultation with
and advice of such committee of the senate and house of
representatives as the legislature may appoint for this
purpose. The state capitol committee shall have power to do
all acts and things necessary or convenient to carry out the
purposes of RCW 79.24.650 through 79.24.668 subject to
and in accordance with the provisions of RCW 79.24.650
through 79.24.668 and chapters 43.19 and 79.24 RCW.
[1969 ex.s. c 272 § 9.]
79.24.668 Severability—1969 ex.s. c 272. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances, is not affected. [1969 ex.s. c 272 § 11.]
Chapter 79.28
LIEU LANDS
Sections
79.28.010
79.28.020
79.28.030
79.28.040
79.28.050
authority of the United States, or any other appropriation or
disposition of the same by the United States, whether such
lands are now surveyed or unsurveyed, the department of
natural resources, with the advice and approval of the
attorney general, is authorized and empowered to enter into
an agreement or agreements, on behalf of the state, with the
proper officer or officers of the United States for the relinquishment of any such lands and the selection in lieu thereof,
under the provisions of RCW 79.28.010 through 79.28.030,
of lands of the United States of equal area and value. [1988
c 128 § 63; 1913 c 102 § 1; RRS § 7824.]
79.28.020 Examination and appraisal. Upon the
making of any such agreement, the board of natural resources shall be empowered and it shall be its duty to cause such
examination and appraisal to be made as will determine the
area and value, as nearly as may be, of the lands lost to the
state, or the title to, use or possession of which is claimed by
the United States by reason of the causes mentioned in RCW
79.28.010, and proposed to be relinquished to the United
States, and shall cause an examination and appraisal to be
made of any lands which may be designated by the officers
of the United States as subject to selection by the state in
lieu of the lands aforesaid, to the end that the state shall
obtain lands in lieu thereof of equal area and value. [1988
c 128 § 64; 1913 c 102 § 2; RRS § 7825.]
79.28.030 Transfer of title to lands relinquished.
Whenever the title to any lands selected under the provisions
of RCW 79.28.010 through 79.28.030 shall become vested
in the state of Washington by the acceptance and approval
of the lists of lands so selected, or other proper action of the
United States, the governor, on behalf of the state of
Washington, shall execute and deliver to the United States a
deed of conveyance of the lands of the state relinquished
under the provisions of RCW 79.28.010 through 79.28.030,
which deed shall convey to and vest in the United States all
the right, title and interest of the state of Washington therein.
[1913 c 102 § 3; RRS § 7826.]
Agreements for selection authorized.
Examination and appraisal.
Transfer of title to lands relinquished.
Livestock grazing on lieu lands.
Grazing permits—Arrangements with United States government.
79.28.070 Improvement of grazing ranges—Agreements.
79.28.080 Improvement of grazing ranges—Extension of duration of
permit—Reduction of fees.
Fish and wildlife goals: RCW 79.01.295.
Granted lands: Enabling Act §§ 10-12 and 15-19; state Constitution Art.
16.
79.28.040 Livestock grazing on lieu lands. The
commissioner of public lands shall have the power, and it
shall be his duty, to adopt and promulgate, from time to
time, reasonable rules and regulations for the grazing of
livestock on such tracts and areas of the indemnity or lieu
public lands of the state contiguous to national forests and
suitable for grazing purposes, as have been, or shall be,
obtained from the United States under the provisions of
RCW 79.28.010. [1923 c 85 § 1; RRS § 7826-1.]
79.28.010 Agreements for selection authorized. For
the purpose of obtaining from the United States indemnity or
lieu lands for such lands granted to the state for common
schools, educational, penal, reformatory, charitable, capitol
building or other purposes, as have been or may be lost to
the state, or the title to or use or possession of which is
claimed by the United States or by others claiming by,
through or under the United States, by reason of any of the
causes entitling the state to select other lands in lieu thereof,
the inclusion of the same in any reservation by or under
79.28.050 Grazing permits—Arrangements with
United States government. The commissioner of public
lands shall have the power to issue permits for the grazing
of livestock on the lands described in RCW 79.28.040 in
such manner and upon such terms, as near as may be, as
permits are, or shall be, issued by the United States for the
grazing of livestock on national forest reserve lands and for
such fees as he shall deem adequate and advisable, and shall
have the power to enter into such arrangements as may be
deemed advisable and to cooperate with the officers of the
United States having charge of the grazing of livestock on
[Title 79 RCW—page 52]
(2002 Ed.)
Lieu Lands
forest reserve lands for the protection and preservation of the
grazing areas on the state lands contiguous to national forests
and for the administration of the provisions of RCW
79.28.040 and 79.28.050. [1983 c 3 § 202; 1923 c 85 § 2;
RRS § 7826-2.]
79.28.070 Improvement of grazing ranges—
Agreements. The department of natural resources is hereby
authorized on behalf of the state of Washington to enter into
cooperative agreements with any person as defined in RCW
1.16.080 for the improvement of the state’s grazing ranges
by the clearing of debris, maintenance of trails and water
holes and other requirements for the general improvement of
the grazing ranges. [1963 c 99 § 1; 1955 c 324 § 1.]
79.28.080 Improvement of grazing ranges—
Extension of duration of permit—Reduction of fees. In
order to encourage the improvement of grazing ranges by
holders of grazing permits, the department of natural
resources shall consider (1) extension of grazing permit
periods to a maximum of ten years, and (2) reduction of
grazing fees, in situations where the permittee contributes or
agrees to contribute to the improvement of the range,
financially, by labor, or otherwise. [1985 c 197 § 3; 1979
ex.s. c 109 § 21; 1955 c 324 § 2.]
Reviser’s note: This section does not apply to state tidelands,
shorelands, harbor areas, and the beds of navigable waters. See RCW
79.01.093.
Severability—Effective date—1979 ex.s. c 109: See notes following
RCW 79.01.036.
Chapter 79.36
EASEMENTS OVER PUBLIC LANDS
Sections
79.36.230
Easement reserved in later grants for removal of materials,
etc.
79.36.240 Private easement over state lands subject to common user.
79.36.250 Easement over public lands subject to common user.
79.36.260 Reservations in grants and leases.
79.36.270 Duty of utilities and transportation commission.
79.36.280 Penalty for violating utilities and transportation
commission’s order.
79.36.290 Applications—Appraisement—Certificate—Forfeiture—Fee.
79.36.300 Access to state timber.
Access to state timber: Chapter 76.16 RCW.
Diking district right of way: RCW 85.05.080.
Flood control district right of way: Chapter 86.09 RCW.
Reclamation district right of way: RCW 89.30.223.
79.36.230 Easement reserved in later grants for
removal of materials, etc. All state lands hereafter granted,
sold or leased shall be subject to the right of the state, or
any grantee or lessee or successor in interest thereof hereafter acquiring other state lands, or acquiring the timber, stone,
mineral or other natural products thereon, or the manufactured products thereof to acquire the right of way over such
lands so granted, for logging and/or lumbering railroads,
private railroads, skid roads, flumes, canals, watercourses, or
other easements for the purpose of and to be used in the
transporting and moving of such timber, stone, mineral or
other natural products thereon, and the manufactured
(2002 Ed.)
79.28.050
products thereof from such state land, and all necessary
machinery, supplies or materials to be used in transporting,
cutting, manufacturing, mining or quarrying any or all of
such products over and across the lands so granted or leased,
upon the state or its grantee or successor in interest thereof,
paying to the owner of the lands so granted, sold, or leased
reasonable compensation therefor. In case the parties
interested cannot agree upon the damages incurred, the same
shall be ascertained and assessed in the same manner as
damages are ascertained and assessed against a railroad
seeking to condemn private property. [1927 c 312 § 1; RRS
§ 8107-1. Prior: 1911 c 109 § 1.]
Severability—1927 c 312: "If any section, subdivision, sentence or
clause in this act shall be held invalid or unconstitutional, such adjudication
shall not affect the validity of the act as a whole, or any section, provision
or part thereof not adjudged invalid or unconstitutional." [1927 c 312 § 8.]
This applies to RCW 79.36.230 through 79.36.290.
Railroads, eminent domain: RCW 81.36.010 and 81.53.180.
Similar enactment: RCW 79.01.312.
79.36.240 Private easement over state lands subject
to common user. Every grant, deed, conveyance, lease or
contract hereafter made to any person, firm or corporation
over and across any state lands for the purpose of right of
way for any logging and/or lumbering railroad, private
railroad, skid road, flume, canal, watercourse or other
easement to be used in the hauling of timber, stone, mineral
or other natural products of the land and the manufactured
products thereof and all necessary machinery, supplies or
materials to be used in transporting, cutting, manufacturing,
mining or quarrying any or all of such products, shall be
subject to the right of the state, or any grantee or successor
in interest thereof, owning or hereafter acquiring from the
state any timber, stone, mineral, or other natural products, or
any state lands containing valuable timber, stone, mineral or
other natural products of the land, of having such timber,
stone, mineral or other natural products, and the manufactured products thereof and all necessary machinery, supplies
or materials to be used in transporting, cutting, manufacturing, mining or quarrying any or all of such products transported or moved over such railroad, skid road, flume, canal,
watercourse or other easement, after the same is or has been
put in operation, upon paying therefor just and reasonable
rates for transportation or for the use of such railroad, skid
road, flume, canal, watercourse or other easement, and upon
complying with just, reasonable and proper rules affecting
such transportation, which rates, rules and regulations shall
be under the supervision and control of the utilities and
transportation commission of the state of Washington. [1983
c 4 § 7; 1927 c 312 § 2; RRS § 8107-2. Prior: 1911 c 109
§ 2.]
Similar enactment: RCW 79.01.316.
79.36.250 Easement over public lands subject to
common user. Any person, firm or corporation hereafter
acquiring the right of way or other easement over state lands
or over any tide or shore lands belonging to the state, or
over and across any navigable water or stream for the
purpose of transporting or moving timber, stone, mineral, or
other natural products of the lands, and the manufactured
products thereof and engaged in such business thereon, shall
accord to the state or any grantee or successor in interest
[Title 79 RCW—page 53]
79.36.250
Title 79 RCW: Public Lands
thereof hereafter acquiring state lands containing valuable
timber, stone, mineral or other natural products of the land,
or any person, firm or corporation hereafter acquiring the
timber, stone, mineral or other natural products situate upon
state lands, or the manufactured products thereof proper and
reasonable facilities and service, including physical connection therewith, for the transportation and moving of such
timber, stone, mineral and other natural products of the land,
and the manufactured products thereof and all necessary
machinery, supplies or materials to be used in transporting,
cutting, manufacturing, mining or quarrying any or all of
such products under reasonable rules and regulations upon
payment of just and reasonable charges therefor, or, if such
right of way or other easement is not then in use to have the
right to use such right of way or easement for transporting
and moving such products under such reasonable rules and
regulations and upon payment of just and reasonable charges
therefor. [1927 c 312 § 3; RRS § 8107-3. Prior: 1911 c
109 § 3.]
Similar enactment: RCW 79.01.320.
79.36.260 Reservations in grants and leases.
Whenever any person, firm or corporation shall hereafter
purchase, lease or acquire any state lands, or any easement
or interest therein, or any timber, stone, mineral or other
natural products thereon, or the manufactured products
thereof the purchase, lease or grant shall be subject to the
condition or reservation that such person, firm or corporation, or their successors in interest, shall, whenever any of
the timber, stone, mineral or other natural products on said
lands or the manufactured products thereof are removed, by
any logging and/or lumbering railroad, private railroad, skid
road, flume, canal, watercourse or other easement, owned,
leased or operated by such person, firm or corporation, or
their successors in interest, accord to any other person, firm
or corporation, or their successors in interest, having the
right to remove any timber, stone, mineral, or other natural
products or the manufactured products thereof from any
other lands, owned or formerly owned by the state, proper
and reasonable facilities and service, including physical
connection therewith, for the transportation and moving of
such other timber, stone, mineral and other natural products,
and the manufactured products thereof and all necessary
machinery, supplies or materials to be used in transporting,
cutting[,] manufacturing, mining or quarrying any or all of
such products under reasonable rules and regulations and
upon payment of just and reasonable charges therefor; and
that any conveyance, lease or mortgage of such logging
and/or lumbering railroad, private railroad, skid road, flume,
canal, watercourse or other easement, shall be subject to the
right of the person, firm or corporation, or their successors
in interest, having the right to remove timber, stone, mineral
or other natural products or the manufactured products
thereof from such other state lands, to be accorded such
proper and reasonable facilities and service, including physical connection therewith, for the transportation and moving
of such other timber, stone, mineral and other natural
products and the manufactured products thereof and all
necessary machinery, supplies or materials to be used in
transporting, cutting, manufacturing, mining or quarrying any
or all of such products under reasonable rules, regulations
[Title 79 RCW—page 54]
and upon payment of just and reasonable charges therefor;
and such purchase, lease or grant from the state shall also be
subject to the condition or reservation that whenever any of
the timber, stone, mineral or other natural products on such
lands or the manufactured products thereof are about to be
removed, by means of any logging and/or lumbering
railroad, private railroad, skid road, flume, canal, watercourse or other easement, not owned, controlled, or operated
by the person, firm or corporation owning or having the
right to remove, and about to remove such timber, stone,
mineral or other natural products or the manufactured
products thereof shall exact and require from the owners and
operators of such logging and/or lumbering railroad, private
railroad, skid road, flume, canal, watercourse or other easement, which shall be binding upon the successors in interest
of such owners and operators, an agreement and promise, as
a part of the contract for removal, and by virtue of RCW
79.36.230 through 79.36.290 there shall be deemed to be a
part of any such express or implied contract for removal, an
agreement, and promise that such owners and operators, and
their successors in interest, shall accord to any person, firm
or corporation and their successors in interest, having the
right to remove any timber, stone, mineral or other natural
products or the manufactured products thereof from any
lands, owned, or formerly owned by the state, proper and
reasonable facilities and service, including physical connection therewith, for the transportation and moving of such
timber, stone, mineral and other natural products and the
manufactured products thereof and all necessary machinery,
supplies or materials to be used in transporting, cutting,
manufacturing, mining or quarrying any or all of such
products and under reasonable rules and regulations and
upon payment of just and reasonable charges therefor. [1927
c 312 § 4; RRS § 8107-4.]
79.36.270 Duty of utilities and transportation
commission. Should the owner or operator of any logging
and/or lumbering railroad, private railroad, skid road, flume,
canal, watercourse or other easement operating over lands
hereafter acquired from the state, as in RCW 79.36.230
through 79.36.290 set out, fail to agree with the state or with
any subsequent grantee or successor in interest thereof as to
the reasonable and proper rules, regulations and charges
concerning the transportation of timber, stone, mineral or
other natural products of the land, or the manufactured
products thereof and all necessary machinery, supplies or
materials to be used in transporting, cutting, manufacturing,
mining or quarrying any or all of such products for carrying
and transporting such products or for the use of the railroad,
skid road, flume, canal, watercourse or other easement in
transporting such products, the state or such person, firm or
corporation owning and desiring to ship such products may
apply to the utilities and transportation commission and have
the reasonableness of the rules, regulations and charges
inquired into and it shall be the duty of the utilities and
transportation commission to inquire into the same in the
same manner, and it is hereby given the same power and
authority to investigate the same as it is now authorized to
investigate and inquire into the rules and regulations and
charges made by railroads and is authorized and empowered
to make such order as it would make in an inquiry against
(2002 Ed.)
Easements Over Public Lands
a railroad, and in case such logging and/or lumbering
railroad, private railroad, skid road, flume, canal, watercourse or other easement is not then in use, may make such
reasonable, proper and just rules and regulations concerning
the use thereof for the purposes aforesaid as may be just and
proper and such order shall have the same force and effect
and shall be binding upon the parties to such hearing as
though such hearing and order was made affecting a railroad.
[1983 c 4 § 8; 1927 c 312 § 5; RRS § 8107-5. Prior: 1911
c 109 § 4.]
Similar enactment: RCW 79.01.324.
79.36.280 Penalty for violating utilities and transportation commission’s order. In case any person, firm or
corporation owning and/or operating any logging and/or
lumbering railroad, private railroad, skid road, flume, canal,
watercourse or other easement subject to the provisions of
RCW 79.36.230 through 79.36.290 shall fail to comply with
any rule, regulation or order made by the utilities and
transportation commission, after an inquiry as provided for
in RCW 79.36.270, each person, firm or corporation shall be
subject to a penalty not exceeding one thousand dollars, and
in addition thereto, the right of way over state lands theretofore granted to such person, firm or corporation, and all improvements and structures on such right of way and connected therewith, shall revert to the state of Washington, and
may be recovered by it in an action instituted in any court of
competent jurisdiction, unless such state lands have been
sold. [1983 c 4 § 9; 1927 c 312 § 7; RRS § 8107-7. Prior:
1911 c 109 § 5.]
Similar enactment: RCW 79.01.328.
79.36.290 Applications—Appraisement—
Certificate—Forfeiture—Fee. Any person, firm or corporation shall have a right of way over public lands, subject to
the provisions of RCW 79.36.230 through 79.36.290, when
necessary, for the purpose of hauling or removing timber,
stone, mineral, or other natural products or the manufactured
products thereof of the land. Before, however, any such
right of way grant shall become effective, a written application for and a plat showing the location of such right of way,
with reference to the adjoining lands, shall be filed with the
department of natural resources, and all timber on said right
of way, together with the damages to said land, shall be
appraised and paid for in cash by the person, firm or
corporation applying for such right of way. The department
of natural resources shall then cause to be issued in duplicate
to such person, firm or corporation a right of way certificate
setting forth the conditions and terms upon which such right
of way is granted. Whenever said right of way shall cease
to be used, for a period of two years, for the purpose for
which it was granted, it shall be deemed forfeited, and said
right of way certificate shall contain such a provision:
PROVIDED, That any right of way for logging purposes
heretofore issued which has never been used, or has ceased
to be used, for a period of two years, for the purpose of
which it was granted, shall be deemed forfeited and shall be
canceled upon the records of the department. One copy of
each certificate shall be filed with the department and one
copy delivered to the applicant. The forfeiture of said right
of way, as herein provided, shall be rendered effective by the
(2002 Ed.)
79.36.270
mailing of notice of such forfeiture to the grantee thereof to
his last known post office address and by stamping the copy
of said certificate in the department canceled and the date of
such cancellation. For the issuance of such certificate the
same fee shall be charged as provided in the case of certificates for railroad rights of way. [1988 c 128 § 65; 1927 c
312 § 6; RRS § 8107-6. Prior: 1921 c 55 § 1; 1915 c 147
§ 12; 1897 c 89 § 34; 1895 c 178 § 45.]
Certificates for railroad rights of way: RCW 79.01.364.
Fees, generally: RCW 79.01.720.
Similar enactment: RCW 79.01.332 and 79.01.336.
79.36.300
RCW.
Access to state timber. See chapter 76.16
Chapter 79.38
ACCESS ROADS
Sections
79.38.010
79.38.020
79.38.030
79.38.040
79.38.050
79.38.060
79.38.900
Acquisition of property for access to public or state forest
lands from public highway.
Department’s powers—Exchange of easement rights—
Provide, maintain, or dispose of access roads.
Use of roads by purchasers of valuable materials—Terms—
Charges.
Permits for use of roads—Regulations.
Access road revolving fund—Composition—Use.
Use of moneys not deposited in revolving fund.
Severability—1961 c 44.
79.38.010 Acquisition of property for access to
public or state forest lands from public highway. In
addition to any authority otherwise granted by law, the
department of natural resources shall have the authority to
acquire lands, interests in lands, and other property for the
purpose of affording access by road to public lands or state
forest lands from any public highway. [1961 c 44 § 1.]
79.38.020 Department’s powers—Exchange of
easement rights—Provide, maintain, or dispose of access
roads. To facilitate the carrying out of the purpose of this
chapter, the department of natural resources may:
(1) Grant easements, rights of way, and permits to cross
public lands and state forest lands to any person in exchange
for similar rights over lands not under its jurisdiction;
(2) Enter into agreements with any person or agency
relating to purchase, construction, reconstruction, maintenance, repair, regulation, and use of access roads or public
roads used to provide access to public lands or state forest
lands;
(3) Dispose, by sale, exchange, or otherwise, of any
interest in an access road in the event it determines such
interest is no longer necessary for the purposes of this
chapter. [1981 c 204 § 1; 1961 c 44 § 2.]
79.38.030 Use of roads by purchasers of valuable
materials—Terms—Charges. Purchasers of valuable
materials from public lands or state forest lands may use
access roads or public roads for the removal of such materials where the rights acquired by the state will permit, but use
shall be subject to the right of the department of natural
resources:
[Title 79 RCW—page 55]
79.38.030
Title 79 RCW: Public Lands
(1) To impose reasonable terms for the use, construction, reconstruction, maintenance, and repair of such access
roads; and
(2) To impose reasonable charges for the use of such
access roads or public roads which have been constructed or
reconstructed through funding by the department of natural
resources. [1981 c 204 § 2; 1961 c 44 § 3.]
79.38.040 Permits for use of roads—Regulations.
Whenever the department of natural resources finds that it is
for the best interest of the state and where the rights acquired by the state will permit, the department may grant
permits for the use of access roads to any person. Any
permit issued under the authority of this section shall be
subject to reasonable regulation by the department. Such
regulation shall include, but is not limited to, the following
matters:
(1) Requirements for construction, reconstruction,
maintenance, and repair;
(2) Limitations as to extent and time of use;
(3) Provision for revocation at the discretion of the
department; and
(4) Charges for use. [1961 c 44 § 4.]
79.38.050
Access road revolving fund—
Composition—Use. The department of natural resources
shall create, maintain, and administer a revolving fund, to be
known as the access road revolving fund in which shall be
deposited all moneys received by it from users of access
roads as payment for costs incurred or to be incurred in
maintaining, repairing, and reconstructing access roads, or
public roads used to provide access to public lands or state
forest lands. The department may use moneys in the fund
for the purposes for which they were obtained without
appropriation by the legislature. [1981 c 204 § 3; 1961 c 44
§ 5.]
79.38.060 Use of moneys not deposited in revolving
fund. All moneys received by the department of natural
resources from users of access roads which are not deposited
in the access road revolving fund shall be paid as follows:
(1) To reimburse the state fund or account from which
expenditures have been made for the acquisition, construction or improvement of the access road or public road, and
upon full reimbursement, then
(2) To the funds or accounts for which the public lands
and state forest lands, to which access is provided, are
pledged by law or constitutional provision, in which case the
department of natural resources shall make an equitable
apportionment between funds and accounts so that no fund
or account shall benefit at the expense of another. [1981 c
204 § 4; 1961 c 44 § 6.]
79.38.900 Severability—1961 c 44. If any provisions
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1961 c 44 § 7.]
[Title 79 RCW—page 56]
Chapter 79.40
TRESPASS
Sections
79.40.070
Cutting, breaking, removing Christmas trees—
Compensation.
79.40.080 Construction—1937 c 87.
79.40.090 Firewood on state lands.
Penalty for destroying rhododendron and other native flora on state lands:
RCW 47.40.080.
Trespass: Chapter 64.12 RCW.
79.40.070 Cutting, breaking, removing Christmas
trees—Compensation. It shall be unlawful for any person
to enter upon any of the state lands, including all land under
the jurisdiction of the department of natural resources, or
upon any private land without the permission of the owner
thereof and to cut, break or remove therefrom for commercial purposes any evergreen trees, commonly known as
Christmas trees, including fir, hemlock, spruce, and pine
trees. Any person cutting, breaking or removing or causing
to be cut, broken or removed, or who cuts down, cuts off,
breaks, tops, or destroys any of such Christmas trees shall be
liable to the state, or to the private owner thereof, for
payment for such trees at a price of one dollar each if
payment is made immediately upon demand. Should it be
necessary to institute civil action to recover the value of such
trees, the state in the case of state lands, or the owner in
case of private lands, may exact treble damages on the basis
of three dollars per tree for each tree so cut or removed.
[1988 c 128 § 66; 1955 c 225 § 1; 1937 c 87 § 1; RRS §
8074-1.]
79.40.080 Construction—1937 c 87. RCW 79.40.070
is not intended to repeal or modify any of the provisions of
existing statutes providing penalties for the unlawful removal
of timber from state lands. [1937 c 87 § 2; RRS § 8074-2.]
79.40.090
76.20 RCW.
Firewood on state lands. See chapter
Chapter 79.44
ASSESSMENTS AND CHARGES AGAINST
STATE LANDS
Sections
79.44.003
79.44.004
79.44.010
79.44.020
79.44.030
79.44.040
79.44.050
79.44.060
79.44.070
79.44.080
79.44.090
79.44.095
"Assessing district" defined.
"Assessment" defined.
State lands subject to local assessments.
State to be charged its proportion of cost—Construction of
chapter.
Apportioning cost on leaseholds.
Notice to state of intention to improve, or impose assessment—Consent—Notice to port commission.
Certification of roll—Penalties, interest.
Payment procedure—State lands not subject to lien, exception.
Enforcement against lessee or contract holder.
Foreclosure against leasehold or contract interest—
Cancellation of lease or contract.
Payment by state after forfeiture of lease or contract.
Assessments paid by state to be added to purchase price of
land.
(2002 Ed.)
Assessments and Charges Against State Lands
79.44.100
Assignment of lease or contract to purchaser at foreclosure
sale.
79.44.120 When assessments need not be added in certain cases.
79.44.130 Local provisions superseded.
79.44.140 Application of chapter—Eminent domain assessments.
79.44.190 Acquisition of property by state or political subdivision
which is subject to unpaid assessments or delinquencies—Payment of lien or installments.
79.44.900 Severability—1963 c 20.
Diking, drainage and sewerage improvement district assessments: RCW
85.08.370.
Diking and drainage district assessments: RCW 85.05.390.
Flood control district assessments: RCW 86.09.523, 86.09.526, 86.09.529.
Intercounty diking and drainage district assessments: RCW 85.24.275.
Irrigation district assessments: RCW 87.03.025.
Special benefit assessments for farm and agricultural land or timber land:
RCW 84.34.300 through 84.34.390.
79.44.003 "Assessing district" defined. As used in
this chapter "assessing district" means:
(1) Incorporated cities and towns;
(2) Diking districts;
(3) Drainage districts;
(4) Port districts;
(5) Irrigation districts;
(6) Water-sewer districts;
(7) Counties; and
(8) Any municipal corporation or public agency having
power to levy local improvement or other assessments, rates,
or charges which by statute are expressly made applicable to
lands of the state. [1999 c 153 § 68; 1989 c 243 § 13; 1971
ex.s. c 234 § 14; 1963 c 20 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
79.44.004 "Assessment" defined. As used in this
chapter, "assessment" shall mean any assessment, rate or
charge levied, assessed, imposed, or charged by any assessing district as defined in RCW 79.44.003, and which assessments, rates or charges by statute are expressly made
applicable to lands of the state. [1989 c 243 § 16.]
79.44.010 State lands subject to local assessments.
All lands, including school lands, granted lands, escheated
lands, or other lands, held or owned by the state of Washington in fee simple (in trust or otherwise), situated within the
limits of any assessing district in this state, may be assessed
and charged for the cost of local or other improvements
specially benefiting such lands which may be ordered by the
proper authorities of any such assessing district and may be
assessed by any irrigation district to the same extent as
private lands within the district are assessed: PROVIDED,
That the leasehold, contractual, or possessory interest of any
person, firm, association, or private or municipal corporation
in any such lands shall be charged and assessed in the
proportional amount such leasehold, contractual, or possessory interest is benefited: PROVIDED, FURTHER, That no
lands of the state shall be included within an irrigation
district except as provided in RCW 87.03.025 and 89.12.090.
[1982 1st ex.s. c 21 § 178; 1963 c 20 § 2; 1919 c 164 § 1;
RRS § 8125. Cf. 1909 c 154 §§ 1, 4.]
Savings—Captions—Severability—Effective dates—1982 1st ex.s.
c 21: See RCW 79.96.901 through 79.96.905.
(2002 Ed.)
Chapter 79.44
79.44.020 State to be charged its proportion of
cost—Construction of chapter. In all local improvement
assessment districts in any assessing district in this state,
property in such district, held or owned by the state shall be
assessed and charged for its proportion of the cost of such
local improvements in the same manner as other property in
such district, it being the intention of this chapter that the
state shall bear its just and equitable proportion of the cost
of local improvements specially benefiting state lands:
PROVIDED, That none of the provisions of this chapter
shall have the effect, or be construed to have the effect, to
alter or modify in any particular any existing lease of any
lands or property owned by the state, or release or discharge
any lessee of any such lands or property from any of the
obligations, covenants or conditions of the contract under
which any such lands or property are leased or held by any
such lessee. [1963 c 20 § 3; 1919 c 164 § 2; RRS § 8126.
Cf. 1909 c 154 § 5.]
79.44.030 Apportioning cost on leaseholds. Where
state lands are under lease, the proportionate amounts to be
assessed against the leasehold interest, and the fee simple
interest of the state, shall be fixed with reference to the life
of the improvement and the period for which said lease has
yet to run. [1919 c 164 § 3; RRS § 8127. Cf. 1909 c 154
§ 3; 1907 c 74 § 3.]
79.44.040 Notice to state of intention to improve, or
impose assessment—Consent—Notice to port commission.
Notice of the intention to make such improvement, or
impose any assessment, together with the estimate of the
amount to be charged to each lot, tract or parcel of land, or
other property owned by the state to be assessed, shall be
forwarded by registered or certified mail to the chief administrative officer of the agency of state government occupying, using, or having jurisdiction over such lands at least
thirty days prior to the date fixed for hearing on the resolution or petition initiating the assessment. Such assessing
district, shall not have jurisdiction to order such improvement as to the interest of the state in harbor areas and state
tidelands until the written consent of the commissioner of
public lands to the making of such improvement shall have
been obtained, unless other means be provided for paying
that portion of the cost which would otherwise be levied on
the interest of the state of Washington in and to those
tidelands, and nothing herein shall prevent the city from
assessing the proportionate cost of the improvement against
any leasehold, contractual, or possessory interest in and to
any tideland or harbor area owned by the state: PROVIDED, HOWEVER, That in the case of tidelands and harbor
areas within the boundaries of any port district, notice of
intention to make such improvement shall also be forwarded
to the commissioners of the port district. [2002 c 260 § 2;
1989 c 243 § 14; 1979 c 151 § 177; 1963 c 20 § 4; 1919 c
164 § 4; RRS § 8128. Cf. 1909 c 154 § 6.]
79.44.050 Certification of roll—Penalties, interest.
Upon the approval and confirmation of the assessment roll
ordered by the proper authorities of any assessing district,
the treasurer of such assessing district shall certify and
forward to the chief administrative officer of the agency of
[Title 79 RCW—page 57]
79.44.050
Title 79 RCW: Public Lands
state government occupying, using, or having jurisdiction
over the lands, a statement of all the lots or parcels of land
held or owned by the state and charged on such assessment
roll, separately describing each such lot or parcel of the
state’s land, with the amount of the local assessment charged
against it, or the proportionate amount assessed against the
fee simple interest of the state, in case the land has been
leased. The chief administrative officer upon receipt of such
statement shall cause a proper record to be made in his
office of the cost of such assessment upon the lands occupied, used, or under the jurisdiction of his agency.
No penalty shall be provided or enforced against the
state, and the interest upon such assessments shall be
computed and paid at the rate paid by other property situated
in the same assessing district. [2002 c 260 § 3; 1989 c 243
§ 15; 1979 c 151 § 178; 1963 c 20 § 5; 1933 c 108 § 1;
1919 c 164 § 5; RRS § 8129. Cf. 1909 c 154 § 6; 1907 c
74 §§ 1, 2, 4, 5.]
79.44.060 Payment procedure—State lands not
subject to lien, exception. When the chief administrative
officer of an agency of state government is satisfied that an
assessing district has complied with all the conditions
precedent to the levy of assessments for district purposes,
pursuant to this chapter against state lands occupied, used, or
under the jurisdiction of his agency, he shall pay them,
together with any interest thereon from any funds specifically appropriated to his agency therefor or from any funds of
his agency which under existing law have been or are
required to be expended to pay assessments on a current
basis. In all other cases, the chief administrative officer
shall certify to the director of financial management that the
assessment is one properly chargeable to the state. The
director of financial management shall pay such assessments
from funds available or appropriated to him for this purpose.
Except as provided in RCW 79.44.190 no lands of the
state shall be subject to a lien for unpaid assessments, nor
shall the interest of the state in any land be sold for unpaid
assessments where assessment liens attached to the lands
prior to state ownership. [1979 c 151 § 179; 1971 ex.s. c
116 § 2; 1963 c 20 § 6; 1947 c 205 § 1; Rem. Supp. 1947
§ 8136a.]
79.44.070 Enforcement against lessee or contract
holder. When any assessing district has made or caused to
be made an assessment against such leasehold, contractual,
or possessory interest for any such local improvement, the
treasurer of that assessing district shall immediately give
notice to the chief administrative officer of the agency
having jurisdiction over the lands. The assessment shall
become a lien against the leasehold, contractual, or possessory interest in the same manner as the assessments on other
property, and its collection may be enforced against such
interests as provided by law for the enforcement of other
local improvement assessments: PROVIDED, That the
assessment shall not be made payable in installments unless
the owner of such leasehold, contractual, or possessory
interest shall first file with such treasurer a satisfactory bond
guaranteeing the payment of such installments as they
become due. [2002 c 260 § 4; 1979 c 151 § 180; 1963 c 20
§ 7; 1919 c 164 § 6; RRS § 8130. Cf. 1909 c 154 § 2.]
[Title 79 RCW—page 58]
79.44.080 Foreclosure against leasehold or contract
interest—Cancellation of lease or contract. Whenever any
assessing district shall have foreclosed the lien of any such
delinquent assessments, as provided by law, and shall have
obtained title to such leasehold, contractual, or possessory
interest, the chief administrative officer of the agency having
jurisdiction over the lands shall be notified by registered or
certified mail of such action and furnished a statement of all
assessments against such leasehold, contractual, or possessory interest, and the chief administrative officer shall cause
the amount of such assessments to be paid as provided in
RCW 79.44.060, and upon the receipt of an assignment from
such assessing district, the chief administrative officer shall
cancel such lease or contract: PROVIDED, HOWEVER,
That unless the assessing district making the local improvement and levying the special assessment shall have used due
diligence in the foreclosure thereof, the chief administrative
officer shall not be required to pay any sum in excess of
what they deem to be the special benefits accruing to the
state’s reversionary interest in the property: AND PROVIDED FURTHER, That if such delinquent assessment or
installment shall be against a leasehold interest in fresh water
harbor areas within a port district, the chief administrative
officer shall notify the commissioners of that port district of
the receipt of such assignment, and the commissioners shall
forthwith cancel such lease. [2002 c 260 § 5; 1979 c 151 §
181; 1963 c 20 § 8; 1919 c 164 § 7; RRS § 8131.]
79.44.090 Payment by state after forfeiture of lease
or contract. If by reason of default in the payment of
rentals or installments, or other causes, the state shall cancel
any lease or contract against which assessments have been
levied as herein provided, the chief administrative officer of
the agency having jurisdiction over the lands shall cause
such assessments or installments as shall fall due subsequent
to the cancellation of said contract or leasehold interest to be
paid as provided in RCW 79.44.060, the same as if the assessments or installments thereof had been levied on the
state’s interest in said lands. [1963 c 20 § 9; 1919 c 164 §
8; RRS § 8132.]
79.44.095 Assessments paid by state to be added to
purchase price of land. When any land, other than lands
occupied and used in connection with state institutions,
owned or held by the state within incorporated cities, towns,
diking, drainage or port districts in this state, against which
local improvement assessments have been paid, as herein
provided for, is offered for sale, there shall be added to the
appraised value of such land, as provided by law, such
portion of the local improvement assessment paid by the
state as shall be deemed to represent the value added to such
lands by such improvement for the purpose of sale, which
amount so added shall be paid by the purchaser in cash at
the time of the sale of said land, in addition to the amounts
otherwise due to the state for said land, and no deed shall
ever be executed until such local improvement assessments
have been paid, and nothing herein shall be construed as
canceling any unpaid assessments on the land so sold by the
state, but such land shall be sold subject to all assessments
unpaid at the time of sale. [1919 c 164 § 9; RRS § 8133.
Cf. 1909 c 154 § 7.]
(2002 Ed.)
Assessments and Charges Against State Lands
Assessments paid to be added to purchase price of land: RCW 79.01.728.
79.44.100 Assignment of lease or contract to
purchaser at foreclosure sale. Whenever any such tide,
state, school, granted or other lands situated within the limits
of any assessing district, has been included within any local
improvement district by such assessing district, and the
contract, leasehold or other interest of any individual has
been sold to satisfy the lien of such assessment for local
improvement, the purchaser of such interest at such sale
shall be entitled to receive from the state of Washington, on
demand, an assignment of the contract, leasehold or other
interest purchased by him, and shall assume, subject to the
terms and conditions of the contract or lease, the payment to
the state of the amount of the balance which his predecessor
in interest was obligated to pay. [1963 c 20 § 10; 1919 c
164 § 10; RRS § 8134. Cf. 1909 c 154 § 10.]
79.44.120 When assessments need not be added in
certain cases. Whenever any state school, granted, tide or
other public lands of the state shall have been charged with
local improvement assessments under any local improvement
assessment district in any incorporated city, town, irrigation,
diking, drainage, port, weed or pest district, or any other
district now authorized by law to levy assessments against
state lands, where such assessments are required under
existing statutes to be returned to the fund of the state
treasury from which said assessments were originally paid,
the commissioner of public lands may, and he is hereby
authorized, to sell such lands for their appraised valuation
without regard to such assessments, anything to the contrary
in the existing statutes notwithstanding: PROVIDED, That
nothing herein contained shall be construed to alter in any
way any existing statute providing for the method of
procedure in levying assessments against state lands in any
of such local improvement assessment districts. [1937 c 80
§ 1; RRS § 7797-192a.]
79.44.130 Local provisions superseded. The provisions of this chapter shall apply to all assessing districts as
herein defined, any charter or ordinance provisions to the
contrary notwithstanding. [1963 c 20 § 11; 1919 c 164 § 11;
RRS § 8135. Cf. 1909 c 154 § 8.]
79.44.140 Application of chapter—Eminent domain
assessments. The provisions of this chapter shall apply to
all local improvements initiated after June 11, 1919, including assessments to pay the cost and expense of taking and
damaging property by the power of eminent domain, as
provided by law: PROVIDED, That in case of eminent
domain assessments, it shall not be necessary to forward
notice of the intention to make such improvement, but the
eminent domain commissioners, authorized to make such assessment, shall, at the time of filing the assessment roll with
the court in the manner provided by law, forward by
registered or certified mail to the chief administrative officer
of the agency using, occupying or having jurisdiction over
the lands a notice of such assessment, and of the day fixed
by the court for the hearing thereof: PROVIDED, That no
assessment against the state’s interest in tidelands or harbor
areas shall be binding against the state if the commissioner
(2002 Ed.)
79.44.095
of public lands shall file a disapproval of the same in court
before judgment confirming the roll. [2002 c 260 § 6; 1979
c 151 § 182; 1963 c 20 § 12; 1919 c 164 § 12; RRS §
8136.]
79.44.190 Acquisition of property by state or
political subdivision which is subject to unpaid assessments or delinquencies—Payment of lien or installments.
When real property subject to an unpaid special assessment
for a local improvement levied by any political subdivision
of the state authorized to form local improvement or utility
local improvement districts is acquired by purchase or
condemnation by the state or any political subdivision
thereof, including but not limited to any special purpose
district, the property so acquired shall continue to be subject
to the assessment lien.
An assessment lien or installment thereof, delinquent at
the time of such acquisition shall be paid at the time of
acquisition, and the amount thereof, including any accrued
interest and delinquent penalties, shall be withheld from the
purchase price or condemnation award by the public body
acquiring the property and shall be paid immediately to the
county, city, or town treasurer, whichever is applicable, in
payment of and discharge of such delinquent installment lien.
Any installment or installments not delinquent at the
time of acquisition shall become due and payable in such
year and at such date as said installment would have become
due if such property had not been so acquired: PROVIDED,
That where such property is acquired by the state of Washington, the balance of the assessment shall be paid in full at
the time of acquisition.
For the purpose of this section, the "time of acquisition"
shall mean the date of completion of the sale, date of
condemnation verdict, date of the order of immediate
possession and use pursuant to RCW 8.04.090, or the date
of judgment, if not tried to a jury. [1971 ex.s. c 116 § 1.]
79.44.900 Severability—1963 c 20. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1963 c 20 § 16.]
Chapter 79.60
SUSTAINED YIELD
COOPERATIVE AGREEMENTS
Sections
79.60.010
79.60.020
79.60.030
79.60.040
79.60.050
79.60.060
79.60.070
79.60.080
79.60.090
Cooperative agreements.
Cooperative units.
Limitations on agreements.
Easement over state land during life of agreement.
Sale agreements.
Minimum price—Alternative bases—Bids and awards.
Contracts—Requirements.
Transfer or assignment of contract of purchase.
Performance bond—Cash deposit.
79.60.010 Cooperative agreements. The department
of natural resources with regard to state forest board lands
and state granted lands is hereby authorized to enter into
cooperative agreements with the United States of America,
[Title 79 RCW—page 59]
79.60.010
Title 79 RCW: Public Lands
Indian tribes, and private owners of timber land providing
for coordinated forest management, including time, rate and
method of cutting timber and method of silvicultural practice
on a sustained yield unit. [1988 c 128 § 67; 1941 c 123 §
1; 1939 c 130 § 1; Rem. Supp. 1941 § 7879-11. Formerly
RCW 79.52.070.]
79.60.020 Cooperative units. The department of
natural resources is hereby authorized and directed to
determine, define and declare informally the establishment
of a sustained yield unit, comprising the land area to be
covered by any such cooperative agreement and include
therein such other lands as may be later acquired by the department and included under the cooperative agreement.
[1988 c 128 § 68; 1939 c 130 § 2; RRS § 7879-12. Formerly RCW 79.52.080.]
79.60.030 Limitations on agreements. The state
shall agree that the cutting from combined national forest
and state lands will be limited to the sustained yield capacity
of these lands in the management unit as determined by the
contracting parties and approved by the commissioner of
public lands for state granted lands and the board of natural
resources for state forest board lands. Cooperation with the
private contracting party or parties shall be contingent on
limitation of production to a specified amount as determined
by the contracting parties and approved by the commissioner
of public lands for state granted lands and the board of
natural resources for state forest board lands and shall
comply with the other conditions and requirements of such
cooperative agreement. [1988 c 128 § 69; 1939 c 130 § 3;
RRS § 7879-13. Formerly RCW 79.52.090.]
79.60.040 Easement over state land during life of
agreement. The private contracting party or parties shall
enjoy the right of easement over state forest board lands and
state granted lands included under said cooperative agreement for railway, road and other uses necessary to the carrying out of the agreement. This easement shall be only for
the life of the cooperative agreement and shall be granted
without charge with the provision that payment shall be
made for all merchantable timber cut, removed or damaged
in the use of such easement, payment to be based on the
contract stumpage price for timber of like value and species
and to be made within thirty days from date of cutting,
removal and/or damage of such timber and appraisal thereof
by the department of natural resources. [1988 c 128 § 70;
1941 c 123 § 2; Rem. Supp. 1941 § 7879-13a. Formerly
RCW 79.52.110.]
79.60.050 Sale agreements. During the period when
any such cooperative agreement is in effect, the timber on
the state lands which the department of natural resources
determines shall be included in the sustained yield unit may,
from time to time, be sold at not less than its appraised
value as approved by the commissioner of public lands for
state granted lands and the board of natural resources for
state forest board lands, due consideration being given to
existing forest conditions on all lands included in the
cooperative management unit and such sales may be made
in the discretion of the department and the contracting party
[Title 79 RCW—page 60]
or parties in the cooperative sustained yield agreement.
These sale agreements shall contain such provisions as are
necessary to effectually permit the department to carry out
the purpose of this section and in other ways afford adequate
protection to the public interests involved. [1988 c 128 §
71; 1939 c 130 § 4; RRS § 7879-14. Formerly RCW
79.52.100.]
79.60.060 Minimum price—Alternative bases—Bids
and awards. The sale of timber upon state forest board
land and state granted land within such sustained yield unit
or units shall be made for not less than the appraised value
thereof as heretofore provided for the sale of timber on state
lands: PROVIDED, That, if in the judgment of the department, it is to the best interests of the state to do so, said
timber or any such sustained yield unit or units may be sold
on a stumpage or scale basis for a price per thousand not
less than the appraised value thereof. The department shall
reserve the right to reject any and all bids if the intent of this
chapter will not be carried out. Permanency of local
communities and industries, prospects of fulfillment of contract requirements, and financial position of the bidder shall
all be factors included in this decision. [1988 c 128 § 72;
1939 c 130 § 5; RRS § 7879-15. Formerly RCW
79.52.040.]
79.60.070 Contracts—Requirements. A written
contract shall be entered into with the successful bidder
which shall fix the time when logging operations shall be
commenced and concluded and require monthly payments
for timber removed as soon as scale sheets have been
tabulated and the amount of timber removed during the
month determined, or require payments monthly in advance
at the discretion of the board or the commissioner. The
board and the commissioner shall designate the price per
thousand to be paid for each species of timber and shall
provide for supervision of logging operations, the methods
of scaling and report, and shall require the purchaser to
comply with all laws of the state of Washington with respect
to fire protection and logging operation of the timber
purchased; and shall contain such other provisions as may be
deemed advisable. [1939 c 130 § 6; RRS § 7879-16.
Formerly RCW 79.52.050, part.]
79.60.080 Transfer or assignment of contract of
purchase. No transfer or assignment by the purchaser shall
be valid unless the transferee or assignee is acceptable to the
department of natural resources and the transfer or assignment approved by it in writing. [1988 c 128 § 73; 1941 c
123 § 3; Rem. Supp. 1941 § 7879-16a. Formerly RCW
79.52.120.]
79.60.090 Performance bond—Cash deposit. The
purchaser shall, at the time of executing the contract, deliver
a performance bond or sureties acceptable in regard to terms
and amount to the department of natural resources, but such
performance bond or sureties shall not exceed ten percent of
the estimated value of the timber purchased computed at the
stumpage price and at no time shall exceed a total of fifty
thousand dollars. The purchaser shall also be required to
make a cash deposit equal to twenty percent of the estimated
(2002 Ed.)
Sustained Yield Cooperative Agreements
value of the timber purchased, computed at the stumpage
bid. Upon failure of the purchaser to comply with the terms
of the contract, the performance bond or sureties may be forfeited to the state upon order of the department of natural
resources.
At no time shall the amount due the state for timber
actually cut and removed exceed the amount of the deposit
as hereinabove set forth. The amount of the deposit shall be
returned to the purchaser upon completion and full compliance with the contract by the purchaser, or it may, at the
discretion of the purchaser, be applied on final payment on
the contract. [1988 c 128 § 74; 1941 c 123 § 4; 1939 c 130
§ 7; Rem. Supp. 1941 § 7879-17. Formerly RCW
79.52.060.]
Chapter 79.64
FUNDS FOR MANAGING AND
ADMINISTERING LANDS
Sections
79.64.010
79.64.020
79.64.030
79.64.040
79.64.050
79.64.060
79.64.070
79.64.090
Definitions.
Resource management cost account—Use.
Expenditures of certain funds in account to be for trust
lands—Use for other lands—Repayment—Ordinary cost
not deductible from sale proceeds—Accounting.
Deductions from proceeds of all transactions authorized—
Limitations.
Deductions to be paid into account.
Rules relating to account.
Severability—1961 c 178.
Agricultural college trust management account—Creation.
79.64.010 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the
following meanings:
(1) "Account" means the resource management cost
account in the state general fund.
(2) "Department" means the department of natural
resources.
(3) "Board" means the board of natural resources of the
department of natural resources.
(4) "Rule" means rule as the same is defined by RCW
34.05.010.
(5) The definitions set forth in RCW 79.01.004 shall be
applicable. [1967 ex.s. c 63 § 1; 1961 c 178 § 1.]
79.64.020 Resource management cost account—Use.
A resource management cost account in the state treasury is
hereby created to be used solely for the purpose of defraying
the costs and expenses necessarily incurred by the department in managing and administering public lands and the
making and administering of leases, sales, contracts, licenses,
permits, easements, and rights of way as authorized under
the provisions of this title. Appropriations from the account
to the department shall be expended for no other purposes.
Funds in the account may be appropriated or transferred by
the legislature for the benefit of all of the trusts from which
the funds were derived. [1993 c 460 § 1; 1985 c 57 § 80;
1981 c 4 § 2; 1961 c 178 § 2.]
Effective date—1993 c 460: "This act shall take effect July 1, 1994."
[1993 c 460 § 3.]
(2002 Ed.)
79.60.090
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 c 4: See note following RCW 28A.515.320.
79.64.030 Expenditures of certain funds in account
to be for trust lands—Use for other lands—Repayment—
Ordinary cost not deductible from sale proceeds—
Accounting. Funds in the account from the moneys
received from leases, sales, contracts, licenses, permits, easements, and rights of way issued by the department and
affecting school lands, university lands, scientific school
lands, normal school lands, capitol building lands, or institutional lands shall be pooled and expended by the department
solely for the purpose of defraying the costs and expenses
necessarily incurred in managing and administering all of the
trust lands enumerated in this section. Such funds may be
used for similar costs and expenses in managing and administering other lands managed by the department provided that
such expenditures that have been or may be made on such
other lands shall be repaid to the resource management cost
account together with interest at a rate determined by the
board of natural resources.
Costs and expenses necessarily incurred in managing
and administering agricultural college lands shall not be
deducted from proceeds received from the sale of such lands
or from the sale of resources that are part of the lands.
Costs and expenses incurred in managing and administering
agricultural college trust lands shall be funded by appropriation under RCW 79.64.090.
An accounting shall be made annually of the accrued
expenditures from the pooled trust funds in the account. In
the event the accounting determines that expenditures have
been made from moneys received from trust lands for the
benefit of other lands, such expenditure shall be considered
a debt and an encumbrance against the property benefitted,
including property held under chapter 76.12 RCW. The
results of the accounting shall be reported to the legislature
at the next regular session. The state treasurer is authorized,
upon request of the department, to transfer funds between
the forest development account and the resource management
cost account solely for purpose of repaying loans pursuant to
this section. [2001 c 250 § 15; 1999 c 279 § 1; 1993 c 460
§ 2; 1988 c 70 § 4; 1977 ex.s. c 159 § 2; 1961 c 178 § 3.]
Effective date—1999 c 279: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 279 § 4.]
Effective date—1993 c 460: See note following RCW 79.64.020.
Forest development account: RCW 76.12.110.
79.64.040 Deductions from proceeds of all transactions authorized—Limitations. The board shall determine
the amount deemed necessary in order to achieve the purposes of this chapter and shall provide by rule for the
deduction of this amount from the moneys received from all
leases, sales, contracts, licenses, permits, easements, and
rights of way issued by the department and affecting public
lands, provided that no deduction shall be made from the
proceeds from agricultural college lands. Moneys received
as deposits from successful bidders, advance payments, and
security under RCW 79.01.132 and 79.01.204 prior to
December 1, 1981, which have not been subjected to
deduction under this section are not subject to deduction
[Title 79 RCW—page 61]
79.64.040
Title 79 RCW: Public Lands
under this section. The deductions authorized under this
section shall in no event exceed twenty-five percent of the
moneys received by the department in connection with any
one transaction pertaining to public lands other than second
class tide and shore lands and the beds of navigable waters,
and fifty percent of the moneys received by the department
pertaining to second class tide and shore lands and the beds
of navigable waters. [2001 c 250 § 16; 1999 c 279 § 2;
1981 2nd ex.s. c 4 § 3; 1971 ex.s. c 224 § 2; 1967 ex.s. c 63
§ 2; 1961 c 178 § 4.]
Effective date—1999 c 279: See note following RCW 79.64.030.
Deductions authorized relating to common school lands—
Temporary discontinued deductions for common school construction
fund—1983 1st ex.s. c 17: "(1) The deductions authorized in RCW
79.64.040 relating to common school lands may be increased by the board
of natural resources to one hundred percent after temporary discontinued
deductions result in a transfer to the common school construction fund in
the amount of approximately fourteen million dollars or so much thereof as
may be necessary to maintain a positive cash balance in the common school
construction fund. The increased deductions shall continue until the
additional amounts received from the increased rate equal the amounts of
the deductions that were discontinued or transferred under subsection (2) of
this section. Thereafter the deductions shall be as otherwise provided for
in RCW 79.64.040.
(2) If the discontinued deductions will not result in a transfer of
fourteen million dollars or so much thereof as may be necessary to maintain
a positive balance in the common school construction fund in the biennium
ending June 30, 1983, the state treasurer shall transfer the difference from
the resource management cost account to the common school construction
fund." [1983 1st ex.s. c 17 § 3.]
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
79.64.050 Deductions to be paid into account. All
deductions from moneys received made in accordance with
RCW 79.64.040 shall be paid into the account and the balance shall be paid into the state treasury to the credit of the
fund otherwise entitled to the proceeds. [2001 c 250 § 17;
1961 c 178 § 5.]
79.64.060 Rules relating to account. The board shall
adopt such rules as it deems necessary and proper for the
purpose of carrying out the provisions of RCW 79.64.010
through 79.64.070. [1983 c 3 § 203; 1961 c 178 § 6.]
79.64.070 Severability—1961 c 178. If any provision
of RCW 79.64.010 through 79.64.070, or its application to
any person or circumstance is held invalid, the remainder of
RCW 79.64.010 through 79.64.070, or the application of the
provision to other persons or circumstances is not affected.
[1983 c 3 § 204; 1961 c 178 § 7.]
79.64.090 Agricultural college trust management
account—Creation. The agricultural college trust management account is created in the state treasury. To the account
shall be deposited such funds as the legislature directs or
appropriates. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for the costs of managing the assets of the agricultural
school trust. [1999 c 279 § 3.]
Effective date—1999 c 279: See note following RCW 79.64.030.
[Title 79 RCW—page 62]
Chapter 79.66
LAND BANK
Sections
79.66.010
79.66.020
79.66.030
79.66.040
79.66.050
79.66.060
79.66.070
79.66.080
79.66.090
79.66.100
79.66.900
79.66.901
Legislative finding.
Land bank—Created—Purchase of property authorized.
Exchange or sale of property held in land bank.
Management of property held in land bank.
Appropriation of funds from forest development account or
resource management cost account—Use of income.
Reimbursement for costs and expenses.
Land bank technical advisory committee.
Identification of trust lands expected to convert to commercial, residential, or industrial uses—Hearing—Notice—
Designation as urban lands.
Exchange of urban land for land bank land—Notification of
affected public agencies.
Lands for commercial, industrial, or residential use—
Payment of in-lieu of property tax—Distribution.
Severability—1984 c 222.
Effective date—1984 c 222.
79.66.010 Legislative finding. The legislature finds
that from time to time it may be desirable for the department
of natural resources to sell state lands which have low
potential for natural resource management or low incomegenerating potential or which, because of geographic location
or other factors, are inefficient for the department to manage.
However, it is also important to acquire lands for long-term
management to replace those sold so that the publicly owned
land base will not be depleted and the publicly owned forest
land base will not be reduced. The purpose of this chapter
is to provide a means to facilitate such sales and purchases
so that the diversity of public uses on the trust lands will be
maintained. In making the determinations, the department
shall comply with local land use plans and applicable growth
management principles. [1984 c 222 § 1; 1977 ex.s. c 109
§ 1.]
79.66.020 Land bank—Created—Purchase of
property authorized. The department of natural resources,
with the approval of the board of natural resources, may
purchase property at fair market value to be held in a land
bank, which is hereby created within the department.
Property so purchased shall be property which would be
desirable for addition to the public lands of the state because
of the potential for natural resource or income production of
the property. The total acreage held in the land bank shall
not exceed one thousand five hundred acres. [1984 c 222 §
2; 1977 ex.s. c 109 § 2.]
79.66.030 Exchange or sale of property held in land
bank. The department of natural resources, with the
approval of the board of natural resources, may:
(1) Exchange property held in the land bank for any
other public lands of equal value administered by the
department of natural resources, including any lands held in
trust.
(2) Exchange property held in the land bank for property of equal or greater value which is owned publicly or
privately, and which has greater potential for natural resource or income production or which could be more
efficiently managed by the department, however, no power
of eminent domain is hereby granted to the department; and
(2002 Ed.)
Land Bank
(3) Sell property held in the land bank in the manner
provided by law for the sale of state lands without any
requirement of platting and to use the proceeds to acquire
property for the land bank which has greater potential for
natural resource or income production or which would be
more efficiently managed by the department. [1984 c 222
§ 3; 1977 ex.s. c 109 § 3.]
79.66.040 Management of property held in land
bank. The department of natural resources may manage the
property held in the land bank as provided in RCW
79.01.612: PROVIDED, That such properties or interest in
such properties shall not be withdrawn, exchanged, transferred, or sold without first obtaining payment of the fair
market value of the property or interest therein or obtaining
property of equal value in exchange. [1984 c 222 § 4; 1977
ex.s. c 109 § 4.]
79.66.050 Appropriation of funds from forest
development account or resource management cost
account—Use of income. The legislature may authorize
appropriation of funds from the forest development account
or the resource management cost account for the purposes of
this chapter. Income from the sale or management of
property in the land bank shall be returned as a recovered
expense to the forest development account or the resource
management cost account and may be used to acquire
property under RCW 79.66.020. [1984 c 222 § 5; 1977 ex.s.
c 109 § 5.]
Forest development account: RCW 76.12.110.
Resource management cost account: RCW 79.64.020.
79.66.060 Reimbursement for costs and expenses.
The department of natural resources shall be reimbursed for
actual costs and expenses incurred in managing and administering the land bank program under this chapter from the
forest development account or the resource management cost
account in an amount not to exceed the limits provided in
RCW 79.64.040. Reimbursement from proceeds of sales
shall be limited to marketing costs provided in RCW
79.01.612. [1984 c 222 § 6.]
79.66.070 Land bank technical advisory committee.
(1) There is created a land bank technical advisory committee, consisting of three members. Membership shall consist
of: One member qualified by experience and training in
matters pertaining to land use planning and real estate
appointed by the commissioner of public lands, one member
qualified by experience and training in public trust matters
appointed by the superintendent of public instruction, and
one member qualified by experience and training in financial
matters appointed by the state treasurer.
(2) The technical advisory committee shall provide
professional advice and counsel to the board of natural
resources regarding land bank sales, purchases, and exchanges involving urban property.
(3) Members of the technical advisory committee shall
be appointed for five-year terms and shall serve until a
successor is appointed. In the case of a vacancy the vacancy
shall be filled by the appointing authority. The initial term
of the appointee of the commissioner shall expire in three
(2002 Ed.)
79.66.030
years. The initial term of the appointee of the superintendent shall expire in four years. The initial term of the
appointee of the treasurer shall expire in five years. All
terms expire December 31.
(4) Members of the technical advisory committee shall
be reimbursed for travel expenses incurred in the performance of their duties under RCW 43.03.050 and 43.03.060.
[1984 c 222 § 7.]
79.66.080 Identification of trust lands expected to
convert to commercial, residential, or industrial uses—
Hearing—Notice—Designation as urban lands. Periodically, at intervals to be determined by the board of natural
resources, the department of natural resources shall identify
trust lands which are expected to convert to commercial,
residential, or industrial uses within ten years. The department shall adhere to existing local comprehensive plans,
zoning classifications, and duly adopted local policies when
making this identification and determining the fair market
value of the property.
The department shall hold a public hearing on the
proposal in the county where the state land is located. At
least fifteen days but not more than thirty days before the
hearing, the department shall publish a public notice of
reasonable size in display advertising form, setting forth the
date, time, and place of the hearing, at least once in one or
more daily newspapers of general circulation in the county
and at least once in one or more weekly newspapers circulated in the area where the trust land is located. At the same
time that the published notice is given, the department shall
give written notice of the hearings to the departments of fish
and wildlife and general administration, to the parks and
recreation commission, and to the county, city, or town in
which the property is situated. The department shall
disseminate a news release pertaining to the hearing among
printed and electronic media in the area where the trust land
is located. The public notice and news release also shall
identify trust lands in the area which are expected to convert
to commercial, residential, or industrial uses within ten
years.
A summary of the testimony presented at the hearings
shall be prepared for the board’s consideration. The board
of natural resources shall designate trust lands which are
expected to convert to commercial, residential, or industrial
uses as urban land. Descriptions of lands designated by the
board shall be made available to the county and city or town
in which the land is situated and for public inspection and
copying at the department’s administrative office in Olympia,
Washington and at each area office.
The hearing and notice requirements of this section
apply to those trust lands which have been identified by the
department prior to July 1, 1984, as being expected to
convert to commercial, residential, or industrial uses within
the next ten years, and which have not been sold or exchanged prior to July 1, 1984. [1994 c 264 § 60; 1988 c 36
§ 53; 1984 c 222 § 8.]
79.66.090 Exchange of urban land for land bank
land—Notification of affected public agencies. If the
department of natural resources determines to exchange
urban land for land bank land, public agencies defined in
[Title 79 RCW—page 63]
79.66.090
Title 79 RCW: Public Lands
RCW 79.01.009 that may benefit from owning the property
shall be notified in writing of the determination. The public
agencies have sixty days from the date of notice by the
department to submit an application to purchase the land and
shall be afforded an opportunity of up to one year, as
determined by the board of natural resources, to purchase the
land from the land bank at fair market value directly without
public auction as authorized under RCW 79.01.009. The
board of natural resources, if it deems it in the best interest
of the state, may extend the period under terms and conditions as the board determines. If competing applications are
received from governmental entities, the board shall select
the application which results in the highest monetary value.
[1993 c 265 § 1; 1984 c 222 § 9.]
79.66.100 Lands for commercial, industrial, or
residential use—Payment of in-lieu of property tax—
Distribution. Lands purchased by the department of natural
resources for commercial, industrial, or residential use shall
be subject to payment of in-lieu of real property tax for the
period in which they are held in the land bank. The in-lieu
payment shall be equal to the property taxes which would
otherwise be paid if the land remained subject to the tax.
Payment shall be made at the end of the calendar year to the
county in which the land is located. If a parcel is not held
in the land bank for the entire year, the in-lieu payment shall
be reduced proportionately to reflect only that period of time
in which the land was held in the land bank. The county
treasurer shall distribute the in-lieu payments proportionately
in accordance with RCW 84.56.230 as though such moneys
were receipts from ad valorem property taxes. [1984 c 222
§ 10.]
79.66.900 Severability—1984 c 222. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1984 c 222 § 15.]
79.66.901 Effective date—1984 c 222. This act is
necessary for the immediate preservation of the public peace,
health, and safety, the support of the state government and
its existing public institutions, and shall take effect July 1,
1984. [1984 c 222 § 16.]
Chapter 79.68
MULTIPLE USE CONCEPT IN MANAGEMENT
AND ADMINISTRATION OF
STATE-OWNED LANDS
Sections
79.68.010
79.68.020
79.68.030
79.68.035
79.68.040
79.68.045
79.68.050
Concept to be utilized, when.
"Multiple use" defined.
"Sustained yield plans" defined.
Definitions.
Department to periodically adjust acreages under sustained
yield management program—Calculation of sustainable
harvest level.
Existence of arrearage at end of planning decade—Analysis
of alternative courses of action—Sale of arrearage.
Multiple uses compatible with financial obligations of trust
management—Other uses permitted, when.
[Title 79 RCW—page 64]
79.68.060
79.68.070
79.68.080
79.68.090
79.68.100
79.68.110
79.68.120
79.68.900
79.68.910
Public lands identified and withdrawn from conflicting uses—Effect—Limitation.
Scope of department’s authorized activities.
Fostering use of aquatic environment—Limitation.
Multiple use land resource allocation plan—Adoption—
Factors considered.
Conferring with other agencies—Public hearings authorized.
Compliance with local ordinances, when.
Land use data bank—Contents, source—Consultants authorized—Use.
Department’s existing authority and powers preserved.
Existing withdrawals for state park and state game purposes
preserved.
79.68.010 Concept to be utilized, when. The
legislature hereby directs that a multiple use concept be
utilized by the department of natural resources in the
management and administration of state-owned lands under
the jurisdiction of the department where such a concept is in
the best interests of the state and the general welfare of the
citizens thereof, and is consistent with the applicable trust
provisions of the various lands involved. [1971 ex.s. c 234
§ 1.]
79.68.020 "Multiple use" defined. "Multiple use" as
used in RCW 79.01.128, 79.44.003 and this chapter shall
mean the management and administration of state-owned
lands under the jurisdiction of the department of natural
resources to provide for several uses simultaneously on a
single tract and/or planned rotation of one or more uses on
and between specific portions of the total ownership consistent with the provisions of RCW 79.68.010. [1971 ex.s.
c 234 § 2.]
79.68.030 "Sustained yield plans" defined. "Sustained yield plans" as used in RCW 79.01.128, 79.44.003
and this chapter shall mean management of the forest to
provide harvesting on a continuing basis without major
prolonged curtailment or cessation of harvest. [1971 ex.s. c
234 § 3.]
79.68.035 Definitions. Unless the context clearly
requires otherwise the definitions in this section apply
throughout this chapter.
(1) "Arrearage" means the summation of the annual
sustainable harvest timber volume since July 1, 1979, less
the sum of state timber sales contract default volume and the
state timber sales volume deficit since July 1, 1979.
(2) "Default" means the volume of timber remaining
when a contractor fails to meet the terms of the sales
contract on the completion date of the contract or any extension thereof and timber returned to the state under *RCW
79.01.1335.
(3) "Deficit" means the summation of the difference
between the department’s annual planned sales program
volume and the actual timber volume sold.
(4) "Planning decade" means the ten-year period
covered in the forest land management plan adopted by the
board of natural resources.
(5) "Sustainable harvest level" means the volume of
timber scheduled for sale from state-owned lands during a
planning decade as calculated by the department of natural
(2002 Ed.)
Multiple Use Concept in Management and Administration of State-Owned Lands
resources and approved by the board of natural resources.
[1987 c 159 § 2.]
*Reviser’s note: RCW 79.01.1335 expired December 31, 1984.
Legislative findings—1987 c 159: "Adequately funding construction
of the state’s educational facilities represents one of the highest priority uses
of state-owned lands. Many existing facilities need replacement and many
additional facilities will be needed by the year 2000 to house students
entering the educational system. The sale of timber from state-owned lands
plays a key role in supporting the construction of school facilities.
Currently and in the future, demands for school construction funds are
expected to exceed available revenues.
The department of natural resources sells timber on a sustained yield
basis. Since 1980, purchasers defaulted on sales contracts affecting over
one billion one hundred million board feet of timber. Between 1981 and
1983, the department sold six hundred million board feet of timber less than
the sustainable harvest level. As a consequence of the two actions, the
department entered their 1984-1993 planning decade with a timber sale
arrearage which could be sold without adversely affecting the continued
productivity of the state-owned forests." [1987 c 159 § 1.]
79.68.040 Department to periodically adjust
acreages under sustained yield management program—
Calculation of sustainable harvest level. The department
of natural resources shall manage the state-owned lands
under its jurisdiction which are primarily valuable for the
purpose of growing forest crops on a sustained yield basis
insofar as compatible with other statutory directives. To this
end, the department shall periodically adjust the acreages
designated for inclusion in the sustained yield management
program and calculate a sustainable harvest level. [1987 c
159 § 3; 1971 ex.s. c 234 § 4.]
Legislative findings—1987 c 159: See note following RCW
79.68.035.
79.68.045 Existence of arrearage at end of planning
decade—Analysis of alternative courses of action—Sale
of arrearage. If an arrearage exists at the end of any
planning decade, the department shall conduct an analysis of
alternatives to determine the course of action regarding the
arrearage which provides the greatest return to the trusts
based upon economic conditions then existing and forecast,
as well as impacts on the environment of harvesting the
additional timber. The department shall offer for sale the
arrearage in addition to the sustainable harvest level adopted
by the board of natural resources for the next planning
decade if the analysis determined doing so will provide the
greatest return to the trusts. [1987 c 159 § 4.]
Legislative findings—1987 c 159: See note following RCW
79.68.035.
79.68.050 Multiple uses compatible with financial
obligations of trust management—Other uses permitted,
when. Multiple uses additional to and compatible with those
basic activities necessary to fulfill the financial obligations
of trust management may include but are not limited to:
(1) Recreational areas;
(2) Recreational trails for both vehicular and
nonvehicular uses;
(3) Special educational or scientific studies;
(4) Experimental programs by the various public
agencies;
(5) Special events;
(6) Hunting and fishing and other sports activities;
(7) Maintenance of scenic areas;
(2002 Ed.)
79.68.035
(8) Maintenance of historical sites;
(9) Municipal or other public watershed protection;
(10) Greenbelt areas;
(11) Public rights of way;
(12) Other uses or activities by public agencies;
If such additional uses are not compatible with the financial
obligations in the management of trust land they may be
permitted only if there is compensation from such uses
satisfying the financial obligations. [1971 ex.s. c 234 § 5.]
79.68.060 Public lands identified and withdrawn
from conflicting uses—Effect—Limitation. For the
purpose of providing increased continuity in the management
of public lands and of facilitating long range planning by
interested agencies, the department of natural resources is
authorized to identify and to withdraw from all conflicting
uses at such times and for such periods as it shall determine
appropriate, limited acreages of public lands under its
jurisdiction. Acreages so withdrawn shall be maintained for
the benefit of the public and, in particular, of the public
schools, colleges and universities, as areas in which may be
observed, studied, enjoyed, or otherwise utilized the natural
ecological systems thereon, whether such systems be unique
or typical to the state of Washington. Nothing herein is
intended to or shall modify the department’s obligation to
manage the land under its jurisdiction in the best interests of
the beneficiaries of granted trust lands. [1971 ex.s. c 234 §
6.]
79.68.070 Scope of department’s authorized activities. The department of natural resources is hereby authorized to carry out all activities necessary to achieve the
purposes of RCW 79.01.128, 79.44.003 and this chapter,
including, but not limited to:
(1) Planning, construction and operation of conservation,
recreational sites, areas, roads and trails, by itself or in
conjunction with any public agency;
(2) Planning, construction and operation of special
facilities for educational, scientific, conservation, or experimental purposes by itself or in conjunction with any other
public or private agency;
(3) Improvement of any lands to achieve the purposes
of RCW 79.01.128, 79.44.003 and this chapter;
(4) Cooperation with public and private agencies in the
utilization of such lands for watershed purposes;
(5) The authority to make such leases, contracts,
agreements or other arrangements as are necessary to
accomplish the purposes of RCW 79.01.128, 79.44.003 and
this chapter: PROVIDED, That nothing herein shall affect
any existing requirements for public bidding or auction with
private agencies or parties, except that agreements or other
arrangements may be made with public schools, colleges,
universities, governmental agencies, and nonprofit scientific
and educational associations. [1987 c 472 § 12; 1971 ex.s.
c 234 § 7.]
Severability—1987 c 472: See RCW 79.71.900.
79.68.080 Fostering use of aquatic environment—
Limitation. The department of natural resources shall foster
the commercial and recreational use of the aquatic environment for production of food, fibre, income, and public
[Title 79 RCW—page 65]
79.68.080
Title 79 RCW: Public Lands
enjoyment from state-owned aquatic lands under its jurisdiction and from associated waters, and to this end the department may develop and improve production and harvesting of
seaweeds and sealife attached to or growing on aquatic land
or contained in aquaculture containers, but nothing in this
section shall alter the responsibility of other state agencies
for their normal management of fish, shellfish, game and
water. [1971 ex.s. c 234 § 8.]
79.68.090 Multiple use land resource allocation
plan—Adoption—Factors considered. The department of
natural resources may adopt a multiple use land resource
allocation plan for all or portions of the lands under its
jurisdiction providing for the identification and establishment
of areas of land uses and identifying those uses which are
best suited to achieve the purposes of RCW 79.01.128,
79.44.003 and this chapter. Such plans shall take into
consideration the various ecological conditions, elevations,
soils, natural features, vegetative cover, climate, geographical
location, values, public use potential, accessibility, economic
uses, recreational potentials, local and regional land use
plans or zones, local, regional, state and federal comprehensive land use plans or studies, and all other factors necessary
to achieve the purposes of RCW 79.01.128, 79.44.003 and
this chapter. [1971 ex.s. c 234 § 9.]
79.68.100 Conferring with other agencies—Public
hearings authorized. The department of natural resources
may confer with other public and private agencies to
facilitate the formulation of policies and/or plans providing
for multiple use concepts. The department of natural
resources is empowered to hold public hearings from time to
time to assist in achieving the purposes of RCW 79.01.128,
79.44.003 and this chapter. [1971 ex.s. c 234 § 10.]
79.68.110 Compliance with local ordinances, when.
The department of natural resources may comply with
county or municipal zoning ordinances, laws, rules or
regulations affecting the use of state lands under the jurisdiction of the department of natural resources where such
regulations are consistent with the treatment of similar
private lands. [1971 ex.s. c 234 § 13.]
79.68.120 Land use data bank—Contents, source—
Consultants authorized—Use. (1) The department of
natural resources shall design expansion of its land use data
bank to include additional information that will assist in the
formulation, evaluation, and updating of intermediate and
long-range goals and policies for land use, population growth
and distribution, urban expansion, open space, resource
preservation and utilization, and other factors which shape
statewide development patterns and significantly influence
the quality of the state’s environment. The system shall be
designed to permit inclusion of other lands in the state and
will do so as financing and time permit.
(2) Such data bank shall contain any information
relevant to the future growth of agriculture, forestry, industry, business, residential communities, and recreation; the
wise use of land and other natural resources which are in
accordance with their character and adaptability; the conservation and protection of the soil, air, water, and forest
[Title 79 RCW—page 66]
resources; the protection of the beauty of the landscape; and
the promotion of the efficient and economical uses of public
resources.
The information shall be assembled from all possible
sources, including but not limited to, the federal government
and its agencies, all state agencies, all political subdivisions
of the state, all state operated universities and colleges, and
any source in the private sector. All state agencies, all
political subdivisions of the state, and all state universities
and colleges are directed to cooperate to the fullest extent in
the collection of data in their possession. Information shall
be collected on all areas of the state but collection may
emphasize one region at a time.
(3) The data bank shall make maximum use of computerized or other advanced data storage and retrieval methods.
The department is authorized to engage consultants in data
processing to ensure that the data bank will be as complete
and efficient as possible.
(4) The data shall be made available for use by any
governmental agency, research organization, university or
college, private organization or private person as a tool to
evaluate the range of alternatives in land and resource
planning in the state. [1971 ex.s. c 234 § 16.]
79.68.900 Department’s existing authority and
powers preserved. Nothing in RCW 79.01.128, 79.44.003
and this chapter shall be construed to affect or repeal any
existing authority or powers of the department of natural
resources in the management or administration of the lands
under its jurisdiction. [1971 ex.s. c 234 § 12.]
79.68.910 Existing withdrawals for state park and
state game purposes preserved. Nothing in RCW
79.01.128, 79.44.003 and this chapter shall be construed to
affect, amend, or repeal any existing withdrawal of public
lands for state park or state game purposes. [1971 ex.s. c
234 § 15.]
Chapter 79.70
NATURAL AREA PRESERVES
Sections
79.70.010
79.70.020
79.70.030
79.70.040
79.70.060
79.70.070
79.70.080
79.70.090
79.70.100
79.70.900
Purpose.
Definitions.
Powers of department.
Powers as to transactions involving public lands deemed
natural areas—Alienation of lands designated natural
area preserves.
Legislative findings—Natural heritage resources.
Natural heritage advisory council.
Council duties.
Dedication of property as natural area.
Public hearing—Establishment of boundary.
Construction—1972 ex.s. c 119.
79.70.010 Purpose. The purpose of this chapter is to
establish a state system of natural area preserves and a
means whereby the preservation of these aquatic and land
areas can be accomplished.
All areas within the state, except those which are
expressly dedicated by law for preservation and protection in
their natural condition, are subject to alteration by human
(2002 Ed.)
Natural Area Preserves
activity. Natural lands, together with the plants and animals
living thereon in natural ecological systems, are valuable for
the purposes of scientific research, teaching, as habitats of
rare and vanishing species, as places of natural historic and
natural interest and scenic beauty, and as living museums of
the original heritage of the state.
It is, therefore, the public policy of the state of Washington to secure for the people of present and future generations the benefit of an enduring resource of natural areas by
establishing a system of natural area preserves, and to
provide for the protection of these natural areas. [1972 ex.s.
c 119 § 1.]
79.70.020 Definitions. For the purposes of this
chapter:
(1) "Department" shall mean the department of natural
resources.
(2) "Natural areas" and "natural area preserves" shall
mean such public or private areas of land or water which
have retained their natural character, although not necessarily
completely natural and undisturbed, or which are important
in preserving rare or vanishing flora, fauna, geological,
natural historical or similar features of scientific or educational value and which are acquired or voluntarily registered
or dedicated by the owner under this chapter.
(3) "Public lands" and "state lands" shall have the
meaning set out in RCW 79.01.004.
(4) "Council" means the natural heritage advisory
council as established in RCW 79.70.070.
(5) "Commissioner" means the commissioner of public
lands.
(6) "Instrument of dedication" means any written
document intended to convey an interest in real property
pursuant to chapter 64.04 RCW.
(7) "Natural heritage resources" means the plant
community types, aquatic types, unique geologic types, and
special plant and animal species and their critical habitat as
defined in the natural heritage plan established under RCW
79.70.030.
(8) "Plan" means the natural heritage plan as established
under RCW 79.70.030.
(9) "Program" means the natural heritage program as
established under RCW 79.70.030.
(10) "Register" means the Washington register of natural
area preserves as established under RCW 79.70.030. [1981
c 189 § 1; 1972 ex.s. c 119 § 2.]
79.70.030 Powers of department. In order to set
aside, preserve, and protect natural areas within the state, the
department is authorized, in addition to any other powers, to:
(1) Establish the criteria for selection, acquisition,
management, protection, and use of such natural areas,
including:
(a) Limiting public access to natural area preserves
consistent with the purposes of this chapter. Where appropriate, and on a case-by-case basis, a buffer zone with an
increased low level of public access may be created around
the environmentally sensitive areas;
(b) Developing a management plan for each designated
natural area preserve. The plan must identify the significant
resources to be conserved consistent with the purposes of
(2002 Ed.)
79.70.010
this chapter and identify the areas with potential for lowimpact public and environmental educational uses. The plan
must specify the types of management activities and public
uses that are permitted, consistent with the purposes of this
chapter. The department must make the plans available for
review and comment by the public, and state, tribal, and
local agencies, prior to final approval;
(2) Cooperate or contract with any federal, state, or
local governmental agency, private organizations, or individuals in carrying out the purpose of this chapter;
(3) Consistent with the plan, acquire by gift, devise,
purchase, grant, dedication, or means other than eminent
domain, the fee or any lesser right or interest in real property
which shall be held and managed as a natural area;
(4) Acquire by gift, devise, grant, or donation any
personal property to be used in the acquisition and/or
management of natural areas;
(5) Inventory existing public, state, and private lands in
cooperation with the council to assess possible natural areas
to be preserved within the state;
(6) Maintain a natural heritage program to provide
assistance in the selection and nomination of areas containing natural heritage resources for registration or dedication.
The program shall maintain a classification of natural heritage resources, an inventory of their locations, and a data
bank for such information. The department of natural
resources shall cooperate with the department of fish and
wildlife in the selection and nomination of areas from the
data bank that relate to critical wildlife habitats. Information
from the data bank shall be made available to public and
private agencies and individuals for environmental assessment and proprietary land management purposes. Usage of
the classification, inventory, or data bank of natural heritage
resources for any purpose inconsistent with the natural heritage program is not authorized;
(7) Prepare a natural heritage plan which shall govern
the natural heritage program in the conduct of activities to
create and manage a system of natural areas that includes
natural resources conservation areas, and may include areas
designated under the research natural area program on
federal lands in the state;
(a) The plan shall list the natural heritage resources to
be considered for registration and shall provide criteria for
the selection and approval of natural areas under this
chapter;
(b) The department shall provide opportunities for input,
comment, and review to the public, other public agencies,
and private groups with special interests in natural heritage
resources during preparation of the plan;
(c) Upon approval by the council and adoption by the
department, the plan shall be updated and submitted biennially to the appropriate committees of the legislature for their
information and review. The plan shall take effect ninety
days after the adjournment of the legislative session in which
it is submitted unless the reviewing committees suggest
changes or reject the plan; and
(8) Maintain a state register of natural areas containing
significant natural heritage resources to be called the
Washington register of natural area preserves. Selection of
natural areas for registration shall be in accordance with
criteria listed in the natural heritage plan and accomplished
through voluntary agreement between the owner of the
[Title 79 RCW—page 67]
79.70.030
Title 79 RCW: Public Lands
natural area and the department. No privately owned lands
may be proposed to the council for registration without prior
notice to the owner or registered without voluntary consent
of the owner. No state or local governmental agency may
require such consent as a condition of any permit or approval of or settlement of any civil or criminal proceeding or to
penalize any landowner in any way for failure to give, or for
withdrawal of, such consent.
(a) The department shall adopt rules and regulations as
authorized by RCW 43.30.310 and 79.70.030(1) and chapter
34.05 RCW relating to voluntary natural area registration.
(b) After approval by the council, the department may
place sites onto the register or remove sites from the register.
(c) The responsibility for management of registered
natural area preserves shall be with the preserve owner. A
voluntary management agreement may be developed between
the department and the owners of the sites on the register.
(d) Any public agency may register lands under provisions of this chapter. [2002 c 284 § 1; 1994 c 264 § 61;
1988 c 36 § 54; 1981 c 189 § 3; 1972 ex.s. c 119 § 3.]
79.70.040 Powers as to transactions involving public
lands deemed natural areas—Alienation of lands designated natural area preserves. The department is further
authorized to purchase, lease, set aside or exchange any
public land or state-owned trust lands which are deemed to
be natural areas: PROVIDED, That the appropriate state
land trust receives the fair market value for any interests that
are disposed of: PROVIDED, FURTHER, That such
transactions are approved by the board of natural resources.
An area consisting of public land or state-owned trust
lands designated as a natural area preserve shall be held in
trust and shall not be alienated except to another public use
upon a finding by the department of natural resources of
imperative and unavoidable public necessity. [1972 ex.s. c
119 § 4.]
79.70.060 Legislative findings—Natural heritage
resources. The legislature finds:
(1) That it is necessary to establish a process and means
for public and private sector cooperation in the development
of a system of natural areas. Private and public landowners
should be encouraged to participate in a program of natural
area establishment which will benefit all citizens of the state;
(2) That there is a need for a systematic and accessible
means for providing information concerning the locations of
the state’s natural heritage resources; and
(3) That the natural heritage advisory council should
utilize a specific framework for natural heritage resource
conservation decision making through a classification,
inventory, priority establishment, acquisition, and management process known as the natural heritage program. Future
natural areas should avoid unnecessary duplication of already
protected natural heritage resources including those which
may already be protected in existing publicly owned or
privately dedicated lands such as nature preserves, natural
areas, natural resources conservation areas, parks, or wilderness. [2002 c 284 § 2; 1981 c 189 § 2.]
79.70.070 Natural heritage advisory council. (1)
The natural heritage advisory council is hereby established.
[Title 79 RCW—page 68]
The council shall consist of fifteen members, ten of whom
shall be chosen as follows and who shall elect from the
council’s membership a chairperson:
(a) Five individuals, appointed by the commissioner,
who shall be recognized experts in the ecology of natural
areas and represent the public, academic, and private sectors.
Desirable fields of expertise are biological and geological
sciences; and
(b) Five individuals, appointed by the commissioner,
who shall be selected from the various regions of the state.
At least one member shall be or represent a private forest
landowner and at least one member shall be or represent a
private agricultural landowner.
(2) Members appointed under subsection (1) of this
section shall serve for terms of four years.
(3) In addition to the members appointed by the
commissioner, the director of the department of fish and
wildlife, the director of the department of ecology, the
supervisor of the department of natural resources, the
director of the state parks and recreation commission, and
the administrator of the interagency committee for outdoor
recreation, or an authorized representative of each agency
officer, shall serve as ex officio, nonvoting members of the
council.
(4) Any vacancy on the council shall be filled by
appointment for the unexpired term by the commissioner.
(5) In order to provide for staggered terms, of the initial
members of the council:
(a) Three shall serve for a term of two years;
(b) Three shall serve for a term of three years; and
(c) Three shall serve for a term of four years.
(6) Members of the natural preserves advisory committee serving on July 26, 1981, shall serve as members of the
council until the commissioner appoints a successor to each.
The successor appointment shall be specifically designated
to replace a member of the natural preserves advisory
committee until all members of that committee have been
replaced. A member of the natural preserves advisory
committee is eligible for appointment to the council if
otherwise qualified.
(7) Members of the council shall serve without compensation. Members shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060 as now or
hereafter amended. [1998 c 50 § 1; 1994 c 264 § 62; 1988
c 36 § 55; 1981 c 189 § 4.]
79.70.080 Council duties. (1) The council shall:
(a) Meet at least annually and more frequently at the
request of the chairperson;
(b) Recommend policy for the natural heritage program
through the review and approval of the natural heritage plan;
(c) Advise the department, the department of fish and
wildlife, the state parks and recreation commission, and other
state agencies managing state-owned land or natural resources regarding areas under their respective jurisdictions which
are appropriate for natural area registration or dedication;
(d) Advise the department of rules and regulations that
the council considers necessary in carrying out this chapter;
(e) Review and approve area nominations by the
department or other agencies for registration and review and
(2002 Ed.)
Natural Area Preserves
comment on legal documents for the voluntary dedication of
such areas;
(f) Recommend whether new areas proposed for
protection be established as natural area preserves, natural
resources conservation areas, a combination of both, or by
some other protected status; and
(g) Review and comment on management plans proposed for individual natural area preserves.
(2) From time to time, the council shall identify areas
from the natural heritage data bank which qualify for
registration. Priority shall be based on the natural heritage
plan and shall generally be given to those resources which
are rarest, most threatened, or under-represented in the
heritage conservation system on a statewide basis. After
qualifying areas have been identified, the department shall
advise the owners of such areas of the opportunities for
acquisition or voluntary registration or dedication. [2002 c
284 § 3; 1994 c 264 § 63; 1988 c 36 § 56; 1981 c 189 § 5.]
79.70.090 Dedication of property as natural area.
(1) The owner of a registered natural area, whether a private
individual or an organization, may voluntarily agree to
dedicate the area as a natural area by executing with the
state an instrument of dedication in a form approved by the
council. The instrument of dedication shall be effective
upon its recording in the real property records of the appropriate county or counties in which the natural area is located.
The county assessor in computing assessed valuation shall
take into consideration any reductions in property values
and/or highest and best use which result from natural area
dedication.
(2) A public agency owning or managing a registered
natural area preserve may dedicate lands under the provisions of this chapter.
(3) The department shall adopt rules and regulations as
authorized by RCW 43.30.310 and 79.70.030(1) relating to
voluntary natural area dedication and defining:
(a) The types of real property interests that may be
transferred;
(b) Real property transfer methods and the types of
consideration of payment possible;
(c) Additional dedication provisions, such as natural area
management, custody, use, and rights and privileges retained
by the owner; and
(d) Procedures for terminating dedication arrangements.
[1981 c 189 § 6.]
79.70.100 Public hearing—Establishment of boundary. The department shall hold a public hearing in the
county where the majority of the land in a proposed natural
area preserve is located prior to establishing the boundary.
[1998 c 50 § 2.]
79.70.900 Construction—1972 ex.s. c 119. Nothing
in this chapter is intended to supersede or otherwise affect
any existing legislation. [1972 ex.s. c 119 § 6.]
(2002 Ed.)
79.70.080
Chapter 79.71
WASHINGTON NATURAL RESOURCES
CONSERVATION AREAS
Sections
79.71.010
79.71.020
79.71.030
79.71.040
79.71.050
79.71.060
79.71.070
79.71.080
79.71.090
79.71.100
79.71.120
79.71.900
Legislative findings.
Characteristics of lands considered for conservation purposes.
Definitions.
Acquisition of property for natural resources conservation
areas—Designation.
Transfer of trust land for natural resources conservation
areas—Use of proceeds.
Public hearing on proposed conservation area.
Management plans for designated areas.
Administration of natural resources conservation areas—
Management agreements and activities.
Natural resources conservation areas stewardship account.
Designation of certain areas as natural resources conservation areas.
Elk river natural resources conservation area—Transfer of
management—Hunting opportunities.
Severability—1987 c 472.
79.71.010 Legislative findings. The legislature finds
that: (1) There is an increasing and continuing need by the
people of Washington for certain areas of the state to be
conserved, in rural as well as urban settings, for the benefit
of present and future generations; (2) such areas are worthy
of conservation for their outstanding scenic and ecological
values and provide opportunities for low-impact public use;
(3) in certain cases acquisition of property or rights in
property is necessary to protect these areas for public
purposes; and (4) there is a need for a state agency to act in
an effective and timely manner to acquire interests in such
areas and to develop appropriate management strategies for
conservation purposes. [1991 c 352 § 1; 1987 c 472 § 1.]
79.71.020 Characteristics of lands considered for
conservation purposes. Lands possessing the following
characteristics are considered by the legislature to be worthy
of consideration for conservation purposes:
(1) Lands identified as having high priority for conservation, natural systems, wildlife, and low-impact public use
values;
(2) An area of land or water, or land and water, that has
flora, fauna, geological, archaeological, scenic, or similar
features of critical importance to the people of Washington
and that has retained to some degree or has reestablished its
natural character;
(3) Examples of native ecological communities; and
(4) Environmentally significant sites threatened with
conversion to incompatible or ecologically irreversible uses.
[1991 c 352 § 2; 1987 c 472 § 2.]
79.71.030 Definitions. As used in this chapter:
"Commissioner" means the commissioner of public
lands.
"Department" means the department of natural resources.
"Conservation purposes" include but are not limited to:
(1) Maintaining, enhancing, or restoring ecological systems,
including but not limited to aquatic, coastal, riparian,
montane, and geological systems, whether such systems be
[Title 79 RCW—page 69]
79.71.030
Title 79 RCW: Public Lands
unique or typical to the state of Washington; (2) maintaining
exceptional scenic landscapes; (3) maintaining habitat for
threatened, endangered, and sensitive species; (4) enhancing
sites for primitive recreational purposes; and (5) outdoor
environmental education.
"Low-impact public use" includes public recreation uses
and improvements that do not adversely affect the resource
values, are appropriate to the maintenance of the site in a
relatively unmodified natural setting, and do not detract from
long-term ecological processes.
"Management activities" may include limited production
of income from forestry, agriculture, or other resource
management activities, if such actions are consistent with the
other purposes and requirements of this chapter.
"Natural resources conservation area" or "conservation
area" means an area having the characteristics identified in
RCW 79.71.020. [1991 c 352 § 3; 1987 c 472 § 3.]
79.71.040 Acquisition of property for natural
resources conservation areas—Designation. The department is authorized to acquire property or less than fee
interests in property, as defined by RCW 64.04.130, by all
means, except eminent domain, for creating natural resources
conservation areas, where acquisition is the best way to
achieve the purposes of this chapter. Areas acquired or
assembled by the department for conservation purposes will
be designated as "Washington natural resources conservation
areas." [1987 c 472 § 4.]
79.71.050 Transfer of trust land for natural resources conservation areas—Use of proceeds. The
department is authorized to transfer fee simple interest or
less than fee interests in trust land, as defined by Article
XVI of the Washington Constitution, for the creation of
natural resources conservation areas, provided the owner of
the trust land receives full fair market value compensation
for all rights transferred. The proceeds from such transfers
shall be used for the exclusive purpose of acquiring real
property to replace those interests utilized for the conservation area in order to meet the department’s fiduciary obligations and to maintain the productive land base of the various
trusts. [1991 c 352 § 4; 1987 c 472 § 5.]
79.71.060 Public hearing on proposed conservation
area. The department shall hold a public hearing in the
county where the majority of the land in the proposed
natural resources conservation area is located prior to establishing the boundary. An area proposed for designation
must contain resources consistent with characteristics
identified in RCW 79.71.020. [1991 c 352 § 5; 1987 c 472
§ 6.]
79.71.070 Management plans for designated areas.
The department shall develop a management plan for each
designated area. The plan shall identify the significant
resources to be conserved consistent with the purposes of
this chapter and identify the areas with potential for lowimpact public and environmental educational uses. The plan
shall specify what types of management activities and public
uses that are permitted, consistent with the conservation
purposes of this chapter. The department shall make such
[Title 79 RCW—page 70]
plans available for review and comment by the public and
other state, tribal, and local agencies, prior to final approval
by the commissioner. [1991 c 352 § 6; 1987 c 472 § 7.]
79.71.080 Administration of natural resources
conservation areas—Management agreements and
activities. The department is authorized to administer
natural resources conservation areas and may enter into
management agreements for these areas with federal agencies, state agencies, local governments, and private nonprofit
conservancy corporations, as defined in RCW 64.04.130,
when such agreements are consistent with the purposes of
acquisition as defined in the adopted management plan. All
management activities within a Washington natural resources
conservation area will conform with the plan. Any moneys
derived from the management of these areas in conformance
with the adopted plan shall be deposited in the natural
resources conservation areas stewardship account. [1991 c
352 § 7; 1987 c 472 § 8.]
79.71.090 Natural resources conservation areas
stewardship account. There is hereby created the natural
resources conservation areas stewardship account in the state
treasury to ensure proper and continuing management of land
acquired or designated pursuant to this chapter. Funds for
the stewardship account shall be derived from appropriations
of state general funds, federal funds, grants, donations, gifts,
bond issue receipts, securities, and other monetary instruments of value. Income derived from the management of
natural resources conservation areas shall also be deposited
in this stewardship account.
Appropriations from this account to the department shall
be expended for no other purpose than the following: (1) To
manage the areas approved by the legislature in fulfilling the
purposes of this chapter; (2) to manage property acquired as
natural area preserves under chapter 79.70 RCW; (3) to
manage property transferred under the authority and appropriation provided by the legislature to be managed under
chapter 79.70 RCW or this chapter or acquired under chapter
79A.15 RCW; and (4) to pay for operating expenses for the
natural heritage program under chapter 79.70 RCW. [2000
c 11 § 25; 1991 sp.s. c 13 § 118; 1991 c 352 § 8; 1987 c
472 § 9.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
79.71.100 Designation of certain areas as natural
resources conservation areas. The legislature hereby
designates certain areas as natural resources conservation
areas:
(1) The Mt. Si conservation area (King County), RCW
79A.05.725, is hereby designated the Mt. Si natural resources conservation area. The department is directed to continue
its management of this area and to develop a plan for its
continued conservation and use by the public. In accordance
with Article XVI of the Washington state Constitution, any
available private lands and trust lands located within the
designated boundaries of the Mt. Si conservation area shall
be leased or acquired in fee from the appropriate trust at fair
market value using funds appropriated for that purpose.
(2002 Ed.)
Washington Natural Resources Conservation Areas
(2) Trust lands and state-owned land on Cypress Island
(Skagit County) are hereby designated as the Cypress Island
natural resources conservation area. Any available private
lands necessary to achieve the purposes of this section shall
be acquired by the department of natural resources using
funds appropriated for that purpose. Trust lands located
within the designated boundaries of the Cypress Island
natural resources conservation area shall be leased or
acquired in fee from the appropriate trust at fair market
value.
(3) Woodard Bay (Thurston County) is hereby designated the Woodard Bay natural resources conservation area.
The department is directed to acquire property available in
Sec. 18, T.19N, R1W using funds appropriated for that purpose.
(4) The area adjacent to the Dishman Hills natural area
(Spokane County) is hereby designated the Dishman Hills
natural resources conservation area. The department is
directed to acquire property available in Sec. 19, 29 and 30,
T.25N, R44E, using funds appropriated for that purpose.
[2000 c 11 § 26; 1987 c 472 § 10.]
79.71.120 Elk river natural resources conservation
area—Transfer of management—Hunting opportunities.
The property currently designated as the Elk river natural
area preserve is transferred from management under chapter
79.70 RCW as a natural area preserve to management under
chapter 79.71 RCW as a natural resources conservation area.
The legislature finds that hunting is a suitable low-impact
public use within the Elk river natural resources conservation
area. The department of natural resources shall incorporate
this legislative direction into the management plan developed
for the Elk river natural resources conservation area. The
department shall work with the department of fish and
wildlife to identify hunting opportunities compatible with the
area’s conservation purposes. [1997 c 371 § 1.]
79.71.900 Severability—1987 c 472. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 472 § 20.]
Chapter 79.76
GEOTHERMAL RESOURCES
Sections
79.76.010
79.76.020
79.76.030
79.76.040
79.76.050
79.76.060
79.76.070
79.76.080
79.76.090
79.76.100
79.76.110
79.76.120
79.76.130
(2002 Ed.)
Legislative declaration.
Short title.
Definitions.
Geothermal resources deemed sui generis.
Administration of chapter.
Scope of chapter.
Drilling permits—Applications—Hearing—Fees.
Drilling permits—Criteria for granting.
Casing requirements.
Plugging and abandonment of wells—Transfer of jurisdiction to department of ecology.
Suspension of drilling, shut-in or removal of equipment for
authorized period—Unlawful abandonment.
Notification of abandonment or suspension of operations—
Required—Procedure.
Performance bond or other security—Required.
79.76.140
79.76.150
79.76.160
79.76.170
79.76.180
79.76.190
79.76.200
79.76.210
79.76.220
79.76.230
79.76.240
79.76.250
79.76.260
79.76.270
79.76.280
79.76.290
79.76.300
79.76.900
79.71.100
Termination or cancellation of bond or change in other security, when.
Notification of sale, exchange, etc.
Combining orders, unitization programs and well spacing—
Authority of department.
Designation of resident agent for service of process.
General authority of department.
Employment of personnel.
Drilling records, etc., to be maintained—Inspection—Filing.
Filing of records with department upon completion, abandonment or suspension of operations.
Statement of geothermal resources produced—Filing.
Confidentiality of records.
Removal, destruction, alteration, etc., of records prohibited.
Violations—Modification of permit, when necessary—
Departmental order—Issuance—Appeal.
Liability in damages for violations—Procedure.
Injunctions—Restraining orders.
Judicial review.
Violations—Penalty.
Aiding or abetting violations.
Severability—1974 ex.s. c 43.
79.76.010 Legislative declaration. The public has a
direct interest in the safe, orderly and nearly pollution-free
development of the geothermal resources of the state, as
hereinafter in RCW 79.76.030(1) defined. The legislature
hereby declares that it is in the best interests of the state to
further the development of geothermal resources for the
benefit of all of the citizens of the state while at the same
time fully providing for the protection of the environment.
The development of geothermal resources shall be so
conducted as to protect the rights of landowners, other
owners of interests therein, and the general public. In
providing for such development, it is the purpose of this
chapter to provide for the orderly exploration, safe drilling,
production and proper abandonment of geothermal resources
in the state of Washington. [1974 ex.s. c 43 § 1.]
79.76.020 Short title. This chapter shall be known as
the Geothermal Resources Act. [1974 ex.s. c 43 § 2.]
79.76.030 Definitions. For the purposes of this
chapter, unless the text otherwise requires, the following
terms shall have the following meanings:
(1) "Geothermal resources" means only that natural heat
energy of the earth from which it is technologically practical
to produce electricity commercially and the medium by
which such heat energy is extracted from the earth, including
liquids or gases, as well as any minerals contained in any
natural or injected fluids, brines and associated gas, but
excluding oil, hydrocarbon gas and other hydrocarbon
substances.
(2) "Waste", in addition to its ordinary meaning, shall
mean "physical waste" as that term is generally understood
and shall include:
(a) The inefficient, excessive, or improper use of, or
unnecessary dissipation of, reservoir energy; or the locating,
spacing, drilling, equipping, operating or producing of any
geothermal energy well in a manner which results, or tends
to result, in reducing the quantity of geothermal energy to be
recovered from any geothermal area in this state;
(b) The inefficient above-ground transporting or storage
of geothermal energy; or the locating, spacing, drilling,
equipping, operating, or producing of any geothermal well in
[Title 79 RCW—page 71]
79.76.030
Title 79 RCW: Public Lands
a manner causing, or tending to cause, unnecessary excessive
surface loss or destruction of geothermal energy;
(c) The escape into the open air, from a well of steam
or hot water, in excess of what is reasonably necessary in
the efficient development or production of a geothermal well.
(3) "Geothermal area" means any land that is, or
reasonably appears to be, underlain by geothermal resources.
(4) "Energy transfer system" means the structures and
enclosed fluids which facilitate the utilization of geothermal
energy. The system includes the geothermal wells, cooling
towers, reinjection wells, equipment directly involved in
converting the heat energy associated with geothermal
resources to mechanical or electrical energy or in transferring
it to another fluid, the closed piping between such equipment, wells and towers and that portion of the earth which
facilitates the transfer of a fluid from reinjection wells to
geothermal wells: PROVIDED, That the system shall not
include any geothermal resources which have escaped into
or have been released into the nongeothermal ground or
surface waters from either man-made containers or through
leaks in the structure of the earth caused by or to which
access was made possible by any drilling, redrilling, reworking or operating of a geothermal or reinjection well.
(5) "Operator" means the person supervising or in
control of the operation of a geothermal resource well,
whether or not such person is the owner of the well.
(6) "Owner" means the person who possesses the legal
right to drill, convert or operate any well or other facility
subject to the provisions of this chapter.
(7) "Person" means any individual, corporation, company, association of individuals, joint venture, partnership,
receiver, trustee, guardian, executor, administrator, personal
representative, or public agency that is the subject of legal
rights and duties.
(8) "Pollution" means any damage or injury to ground
or surface waters, soil or air resulting from the unauthorized
loss, escape, or disposal of any substances at any well
subject to the provisions of this chapter.
(9) "Department" means the department of natural
resources.
(10) "Well" means any excavation made for the discovery or production of geothermal resources, or any special
facility, converted producing facility, or reactivated or
converted abandoned facility used for the reinjection of geothermal resources, or the residue thereof underground.
(11) "Core holes" are holes drilled or excavations made
expressly for the acquisition of geological or geophysical
data for the purpose of finding and delineating a favorable
geothermal area prior to the drilling of a well.
(12) A "completed well" is a well that has been drilled
to its total depth, has been adequately cased, and is ready to
be either plugged and abandoned, shut-in, or put into
production.
(13) "Plug and abandon" means to place permanent
plugs in the well in such a way and at such intervals as are
necessary to prevent future leakage of fluid from the well to
the surface or from one zone in the well to the other, and to
remove all drilling and production equipment from the site,
and to restore the surface of the site to its natural condition
or contour or to such condition as may be prescribed by the
department.
[Title 79 RCW—page 72]
(14) "Shut-in" means to adequately cap or seal a well to
control the contained geothermal resources for an interim
period. [1974 ex.s. c 43 § 3.]
79.76.040 Geothermal resources deemed sui generis.
Notwithstanding any other provision of law, geothermal
resources are found and hereby determined to be sui generis,
being neither a mineral resource nor a water resource and as
such are hereby declared to be the private property of the
holder of the title to the surface land above the resource.
[1979 ex.s. c 2 § 1; 1974 ex.s. c 43 § 4.]
Severability—1979 ex.s. c 2: "If any provision of this 1979 act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 2 § 2.]
79.76.050 Administration of chapter. (1) The
department shall administer and enforce the provisions of
this chapter and the rules, regulations, and orders relating to
the drilling, operation, maintenance, abandonment and
restoration of geothermal areas, to prevent damage to and
waste from underground geothermal deposits, and to prevent
damage to underground and surface waters, land or air that
may result from improper drilling, operation, maintenance or
abandonment of geothermal resource wells.
(2) In order to implement the terms and provisions of
this chapter, the department under the provisions of chapter
34.05 RCW, as now or hereafter amended, may from time
to time promulgate those rules and regulations necessary to
carry out the purposes of this chapter, including but not
restricted to defining geothermal areas; establishing security
requirements, which may include bonding; providing for
liens against production; providing for casing and safety
device requirements; providing for site restoration plans to
be completed prior to abandonment; and providing for
abandonment requirements. [1974 ex.s. c 43 § 5.]
79.76.060 Scope of chapter. This chapter is intended
to preempt local regulation of the drilling and operation of
wells for geothermal resources but shall not be construed to
permit the locating of any well or drilling when such well or
drilling is prohibited under state or local land use law or
regulations promulgated thereunder. Geothermal resources,
byproducts and/or waste products which have escaped or
been released from the energy transfer system and/or a
mineral recovery process shall be subject to provisions of
state law relating to the pollution of ground or surface waters
(Title 90 RCW), provisions of the state fisheries law (*Title
75 RCW), and the state game laws (Title 77 RCW), and any
other state environmental pollution control laws. Authorization for use of byproduct water resources for all beneficial
uses, including but not limited to greenhouse heating, warm
water fish propagation, space heating plants, irrigation,
swimming pools, and hot springs baths, shall be subject to
the appropriation procedure as provided in Title 90 RCW.
[1974 ex.s. c 43 § 6.]
*Reviser’s note: Title 75 RCW was recodified, repealed, and/or
decodified in its entirety by 2000 c 107. See Comparative Table for Title
75 RCW in the Table of Disposition of Former RCW Sections, Volume 0.
79.76.070 Drilling permits—Applications—
Hearing—Fees. (1) Any person proposing to drill a well or
(2002 Ed.)
Geothermal Resources
redrill an abandoned well for geothermal resources shall file
with the department a written application for a permit to
commence such drilling or redrilling on a form prescribed by
the department accompanied by a permit fee of two hundred
dollars. The department shall forward a duplicate copy to
the department of ecology within ten days of filing.
(2) Upon receipt of a proper application relating to
drilling or redrilling the department shall set a date, time,
and place for a public hearing on the application, which
hearing shall be in the county in which the drilling or redrilling is proposed to be made, and shall instruct the
applicant to publish notices of such application and hearing
by such means and within such time as the department shall
prescribe. The department shall require that the notice so
prescribed shall be published twice in a newspaper of
general circulation within the county in which the drilling or
redrilling is proposed to be made and in such other appropriate information media as the department may direct.
(3) Any person proposing to drill a core hole for the
purpose of gathering geothermal data, including but not
restricted to heat flow, temperature gradients, and rock
conductivity, shall be required to obtain a single permit for
each geothermal area according to subsection (1) of this
section, except that no permit fee shall be required, no notice
need be published, and no hearing need be held. Such core
holes that penetrate more than seven hundred and fifty feet
into bedrock shall be deemed geothermal test wells and
subject to the payment of a permit fee and to the requirement in subsection (2) of this section for public notices and
hearing. In the event geothermal energy is discovered in a
core hole, the hole shall be deemed a geothermal well and
subject to the permit fee, notices, and hearing. Such core
holes as described by this subsection are subject to all other
provisions of this chapter, including a bond or other security
as specified in RCW 79.76.130.
(4) All moneys paid to the department under this section
shall be deposited with the state treasurer for credit to the
general fund. [1974 ex.s. c 43 § 7.]
79.76.080 Drilling permits—Criteria for granting.
A permit shall be granted only if the department is satisfied
that the area is suitable for the activities applied for; that the
applicant will be able to comply with the provisions of this
chapter and the rules and regulations enacted hereunder; and
that a permit would be in the best interests of the state.
The department shall not allow operation of a well
under permit if it finds that the operation of any well will
unreasonably decrease ground water available for prior water
rights in any aquifer or other ground water source for water
for beneficial uses, unless such affected water rights are
acquired by condemnation, purchase or other means.
The department shall have the authority to condition the
permit as it deems necessary to carry out the provisions of
this chapter, including but not limited to conditions to reduce
any environmental impact.
The department shall forward a copy of the permit to
the department of ecology within five days of issuance.
[1974 ex.s. c 43 § 8.]
79.76.090 Casing requirements. Any operator
engaged in drilling or operating a well for geothermal
(2002 Ed.)
79.76.070
resources shall equip such well with casing of sufficient
strength and with such safety devices as may be necessary,
in accordance with methods approved by the department.
No person shall remove a casing, or any portion thereof,
from any well without prior approval of the department.
[1974 ex.s. c 43 § 9.]
79.76.100 Plugging and abandonment of wells—
Transfer of jurisdiction to department of ecology. Any
well drilled under authority of this chapter from which:
(1) It is not technologically practical to derive the
energy to produce electricity commercially, or the owner or
operator has no intention of deriving energy to produce
electricity commercially, and
(2) Usable minerals cannot be derived, or the owner or
operator has no intention of deriving usable minerals, shall
be plugged and abandoned as provided in this chapter or,
upon the owner’s or operator’s written application to the
department of natural resources and with the concurrence
and approval of the department of ecology, jurisdiction over
the well may be transferred to the department of ecology
and, in such case, the well shall no longer be subject to the
provisions of this chapter but shall be subject to any applicable laws and regulations relating to wells drilled for appropriation and use of ground waters. If an application is made
to transfer jurisdiction, a copy of all logs, records, histories,
and descriptions shall be provided to the department of
ecology by the applicant. [1974 ex.s. c 43 § 10.]
79.76.110 Suspension of drilling, shut-in or removal
of equipment for authorized period—Unlawful abandonment. (1) The department may authorize the operator to
suspend drilling operations, shut-in a completed well, or
remove equipment from a well for the period stated in the
department’s written authorization. The period of suspension
may be extended by the department upon the operator showing good cause for the granting of such extension.
(2) If drilling operations are not resumed by the operator, or the well is not put into production, upon expiration of
the suspension or shut-in permit, an intention to unlawfully
abandon shall be presumed.
(3) A well shall also be deemed unlawfully abandoned
if, without written approval from the department, drilling
equipment is removed.
(4) An unlawful abandonment under this chapter shall
be entered in the department records and written notice
thereof shall be mailed by registered mail both to such
operator at his last known address as disclosed by records of
the department and to the operator’s surety. The department
may thereafter proceed against the operator and his surety.
[1974 ex.s. c 43 § 11.]
79.76.120 Notification of abandonment or suspension of operations—Required—Procedure. (1) Before any
operation to plug and abandon or suspend the operation of
any well is commenced, the owner or operator shall submit
in writing a notification of abandonment or suspension of
operations to the department for approval. No operation to
abandon or suspend the operation of a well shall commence
without approval by the department. The department shall
[Title 79 RCW—page 73]
79.76.120
Title 79 RCW: Public Lands
respond to such notification in writing within ten working
days following receipt of the notification.
(2) Failure to abandon or suspend operations in accordance with the method approved by the department shall
constitute a violation of this chapter, and the department
shall take appropriate action under the provisions of RCW
79.76.270. [1974 ex.s. c 43 § 12.]
79.76.130 Performance bond or other security—
Required. Every operator who engages in the drilling,
redrilling, or deepening of any well shall file with the department a reasonable bond or bonds with good and sufficient surety, or the equivalent thereof, acceptable to the
department, conditioned on compliance with the provisions
of this chapter and all rules and regulations and permit
conditions adopted pursuant to this chapter. This performance bond shall be executed in favor of and approved by
the department.
In lieu of a bond the operator may file with the department a cash deposit, negotiable securities acceptable to the
department, or an assignment of a savings account in a
Washington bank on an assignment form prescribed by the
department. The department, in its discretion, may accept a
single surety or security arrangement covering more than one
well. [1974 ex.s. c 43 § 13.]
79.76.140 Termination or cancellation of bond or
change in other security, when. The department shall not
consent to the termination and cancellation of any bond by
the operator, or change as to other security given, until the
well or wells for which it has been issued have been
properly abandoned or another valid bond for such well has
been submitted and approved by the department. A well is
properly abandoned when abandonment has been approved
by the department. [1974 ex.s. c 43 § 14.]
79.76.150 Notification of sale, exchange, etc. The
owner or operator of a well shall notify the department in
writing within ten days of any sale, assignment, conveyance,
exchange, or transfer of any nature which results in any
change or addition in the owner or operator of the well on
such forms with such information as may be prescribed by
the department. [1974 ex.s. c 43 § 15.]
79.76.160 Combining orders, unitization programs
and well spacing—Authority of department. The department has the authority, through rules and regulations, to
promulgate combining orders, unitization programs, and well
spacing, and establish proportionate costs among owners or
operators for the operation of such units as the result of said
combining orders, if good and sufficient reason is demonstrated that such measures are necessary to prevent the
waste of geothermal resources. [1974 ex.s. c 43 § 16.]
79.76.170 Designation of resident agent for service
of process. Each owner or operator of a well shall designate
a person who resides in this state as his agent upon whom
may be served all legal processes, orders, notices, and
directives of the department or any court. [1974 ex.s. c 43
§ 17.]
[Title 79 RCW—page 74]
79.76.180 General authority of department. The
department shall have the authority to conduct or authorize
investigations, research, experiments, and demonstrations,
cooperate with other governmental and private agencies in
making investigations, receive any federal funds, state funds,
and other funds and expend them on research programs
concerning geothermal resources and their potential development within the state, and to collect and disseminate information relating to geothermal resources in the state:
PROVIDED, That the department shall not construct or
operate commercial geothermal facilities. [1974 ex.s. c 43
§ 18.]
79.76.190 Employment of personnel. The department shall have the authority, and it shall be its duty, to
employ all personnel necessary to carry out the provisions of
this chapter pursuant to chapter 41.06 RCW. [1974 ex.s. c
43 § 19.]
79.76.200 Drilling records, etc., to be maintained—
Inspection—Filing. (1) The owner or operator of any well
shall keep or cause to be kept careful and accurate logs,
records, descriptions, and histories of the drilling, redrilling,
or deepening of the well.
(2) All logs, records, histories, and descriptions referred
to in subsection (1) of this section shall be kept in the local
office of the owner or operator, and together with other
reports of the owner or operator shall be subject during
business hours to inspection by the department. Each owner
or operator, upon written request from the department, shall
file with the department a copy of the logs, records, histories, descriptions, or other records or portions thereof
pertaining to the geothermal drilling or operation underway
or suspended. [1974 ex.s. c 43 § 20.]
79.76.210 Filing of records with department upon
completion, abandonment or suspension of operations.
Upon completion or plugging and abandonment of any well
or upon the suspension of operations conducted with respect
to any well for a period of at least six months, one copy of
the log, core record, electric log, history, and all other logs
and surveys that may have been run on the well, shall be
filed with the department within thirty days after such
completion, plugging and abandonment, or six months’
suspension. [1974 ex.s. c 43 § 21.]
79.76.220 Statement of geothermal resources
produced—Filing. The owner or operator of any well
producing geothermal resources shall file with the department a statement of the geothermal resources produced.
Such report shall be submitted on such forms and in such
manner as may be prescribed by the department. [1974 ex.s.
c 43 § 22.]
79.76.230 Confidentiality of records. (1) The
records of any owner or operator, when filed with the
department as provided in this chapter, shall be confidential
and shall be open to inspection only to personnel of the
department for the purpose of carrying out the provisions of
(2002 Ed.)
Geothermal Resources
this chapter and to those authorized in writing by such owner
or operator, until the expiration of a twenty-four month
confidential period to begin at the date of commencement of
production or of abandonment of the well.
(2) Such records shall in no case, except as provided in
this chapter, be available as evidence in court proceedings.
No officer, employee, or member of the department shall be
allowed to give testimony as to the contents of such records,
except as provided in this chapter for the review of a decision of the department or in any proceeding initiated for the
enforcement of an order of the department, for the enforcement of a lien created by the enforcement of this chapter, or
for use as evidence in criminal proceedings arising out of
such records or the statements upon which they are based.
[1974 ex.s. c 43 § 23.]
79.76.240 Removal, destruction, alteration, etc., of
records prohibited. No person shall, for the purpose of
evading the provision of this chapter or any rule, regulation
or order of the department made thereunder, remove from
this state, or destroy, mutilate, alter or falsify any such
record, account, or writing. [1974 ex.s. c 43 § 24.]
79.76.250 Violations—Modification of permit, when
necessary—Departmental order—Issuance—Appeal.
Whenever it appears with probable cause to the department
that:
(1) A violation of any provision of this chapter, regulation adopted pursuant thereto, or condition of a permit issued
pursuant to this chapter has occurred or is about to occur, or
(2) That a modification of a permit is deemed necessary
to carry out the purpose of this chapter,
the department shall issue a written order in person to the
operator or his employees or agents, or by certified mail,
concerning the drilling, testing, or other operation conducted
with respect to any well drilled, in the process of being
drilled, or in the process of being abandoned or in the
process of reclamation or restoration, and the operator,
owner, or designated agent of either shall comply with the
terms of the order and may appeal from the order in the
manner provided for in RCW 79.76.280. When the department deems necessary the order may include a shutdown
order to remain in effect until the deficiency is corrected.
[1974 ex.s. c 43 § 25.]
79.76.260 Liability in damages for violations—
Procedure. Any person who violates any of the provisions
of this chapter, or fails to perform any duty imposed by this
chapter, or violates an order or other determination of the
department made pursuant to the provisions of this chapter,
and in the course thereof causes the death of, or injury to,
fish, animals, vegetation or other resources of the state, shall
be liable to pay the state damages including an amount equal
to the sum of money necessary to restock such waters,
replenish such resources, and otherwise restore the stream,
lake, other water source, or land to its condition prior to the
injury, as such condition is determined by the department.
Such damages shall be recoverable in an action brought by
the attorney general on behalf of the people of the state of
Washington in the superior court of the county in which
such damages occurred: PROVIDED, That if damages
(2002 Ed.)
79.76.230
occurred in more than one county the attorney general may
bring action in any of the counties where the damage
occurred. Any moneys so recovered by the attorney general
shall be transferred to the department under whose jurisdiction the damaged resource occurs, for the purposes of
restoring the resource. [1974 ex.s. c 43 § 26.]
79.76.270 Injunctions—Restraining orders. Whenever it shall appear that any person is violating any provision
of this chapter, or any rule, regulation, or order made by the
department hereunder, and if the department cannot, without
litigation, effectively prevent further violation, the department may bring suit in the name of the state against such
person in the court in the county of the residence of the
defendant, or in the county of the residence of any defendant
if there be more than one defendant, or in the county where
the violation is alleged to have occurred, to restrain such
person from continuing such violation. In such suit the
department may, without bond, obtain injunctions prohibitory
and mandatory, including temporary restraining orders and
preliminary injunctions, as the facts may warrant. [1974
ex.s. c 43 § 27.]
79.76.280 Judicial review. (1) Any person adversely
affected by any rule, regulation, order, or permit entered by
the department pursuant to this chapter may obtain judicial
review thereof in accordance with the applicable provisions
of chapter 34.05 RCW.
(2) The court having jurisdiction, insofar as is practicable, shall give precedence to proceedings for judicial review
brought under this chapter. [1974 ex.s. c 43 § 28.]
79.76.290 Violations—Penalty. Violation of any
provision of this chapter or of any rule, regulation, order of
the department, or condition of any permit made hereunder
is punishable, upon conviction, by a fine of not more than
two thousand five hundred dollars or by imprisonment in the
county jail for not more than six months, or both. [1974
ex.s. c 43 § 29.]
79.76.300 Aiding or abetting violations. No person
shall knowingly aid or abet any other person in the violation
of any provision of this chapter or of any rule, regulation or
order of the department made hereunder. [1974 ex.s. c 43
§ 30.]
79.76.900 Severability—1974 ex.s. c 43. If any
provision of this 1974 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1974 ex.s. c 43 § 32.]
Chapter 79.81
MARINE PLASTIC DEBRIS
Sections
79.81.010
79.81.020
79.81.030
79.81.040
79.81.050
Intent.
Definitions.
Coordinating implementation—Rules.
Agreements with other entities.
Employees—Information clearinghouse contracts.
[Title 79 RCW—page 75]
Chapter 79.81
79.81.060
79.81.900
Title 79 RCW: Public Lands
Grants, funds, or gifts.
Severability—1989 c 23.
79.81.010 Intent. The legislature finds that the public
health and safety is threatened by an increase in the amount
of plastic garbage being deposited in the waters and on the
shores of the state. To address this growing problem, the
commissioner of public lands appointed the marine plastic
debris task force which presented a state action plan in
October 1988. It is necessary for the state of Washington to
implement the action plan in order to:
(1) Cleanup and prevent further pollution of the state’s
waters and aquatic lands;
(2) Increase public awareness;
(3) Coordinate federal, state, local, and private efforts;
(4) Foster the stewardship of the aquatic lands of the
state. [1989 c 23 § 1.]
79.81.020 Definitions. As used in this chapter:
(1) "Department" means the department of natural
resources.
(2) "Action plan" means the marine plastic debris action
plan of October 1988 as presented to the commissioner of
public lands by the marine plastic debris task force. [1989
c 23 § 2.]
79.81.030 Coordinating implementation—Rules.
The department shall have the authority to coordinate
implementation of the plan with appropriate state agencies
including the parks and recreation commission and the
departments of ecology and fish and wildlife. The department is authorized to promulgate, in consultation with
affected agencies, the necessary rules to provide for the
cleanup and to prevent pollution of the waters of the state
and aquatic lands by plastic and other marine debris. [1994
c 264 § 65; 1989 c 23 § 3.]
79.81.040 Agreements with other entities. The
department may enter into intergovernmental agreements
with federal or state agencies and agreements with private
parties deemed necessary by the department to carry out the
provisions of this chapter. [1989 c 23 § 4.]
79.81.050 Employees—Information clearinghouse
contracts. The department is the designated agency to
coordinate implementation of the action plan and is authorized to hire such employees as are necessary to coordinate
the plan among state and federal agencies, the private sector,
and interested public groups and organizations. The department is authorized to contract, through an open bidding
process, with interested parties to act as the information
clearinghouse for marine plastic debris related issues. [1989
c 23 § 5.]
79.81.060 Grants, funds, or gifts. The department is
authorized to accept, receive, disburse, and administer grants
or funds or gifts from any source including private individuals, public entities, and the federal government to supplement
the funds hereby appropriated to carry out the purposes of
this chapter. [1989 c 23 § 6.]
[Title 79 RCW—page 76]
79.81.900 Severability—1989 c 23. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 23 § 7.]
Chapter 79.90
AQUATIC LANDS—IN GENERAL
Sections
79.90.010
79.90.015
79.90.020
79.90.025
79.90.030
79.90.035
79.90.040
79.90.045
79.90.050
79.90.055
79.90.060
79.90.065
79.90.070
79.90.080
79.90.090
79.90.100
79.90.105
79.90.110
79.90.120
79.90.130
79.90.150
79.90.160
79.90.170
79.90.180
79.90.190
79.90.200
79.90.210
79.90.215
79.90.220
79.90.230
79.90.240
79.90.250
79.90.260
79.90.270
79.90.280
79.90.290
79.90.300
79.90.310
79.90.320
79.90.325
79.90.330
"Aquatic lands."
"Outer harbor line."
"Harbor area."
"Inner harbor line."
"First class tidelands."
"Second class tidelands."
"First class shorelands."
"Second class shorelands."
"Beds of navigable waters."
"Improvements."
"Valuable materials."
"Person."
Harbor line commission.
Board of natural resources—Records—Rules and regulations.
Sale and lease of state-owned aquatic lands—Blank forms of
applications.
Who may purchase or lease—Application—Fees.
Private recreational docks—Mooring buoys.
Date of sale limited by time of appraisal.
Survey to determine areas subject to sale or lease.
Valuable materials from Columbia river—Agreements with
Oregon.
Material removed for channel or harbor improvement or
flood control—Use for public purpose.
Mt. St. Helen’s eruption—Dredge spoils—Sale by certain
landowners.
Sale procedure—Fixing date, place, and time of sale—
Notice—Publication and posting—Direct sale to applicant without notice, when.
Sale procedure—Pamphlet list of lands or materials—Notice
of sale—Proof of publishing and posting.
Sale procedure—Additional advertising expense.
Sale procedure—Place of sale—Hours—Reoffer—
Continuance.
Sale procedure—Sales at auction or by sealed bid—
Minimum price—Exception as to minor sale of valuable
materials at auction.
Highest responsible bidder—Determination.
Sale procedure—Conduct of sales—Deposits—Bid bonds—
Memorandum of purchase.
Sale procedure—Readvertisement of lands not sold.
Sale procedure—Confirmation of sale.
Sale procedure—Terms of payment—Deferred payments,
rate of interest.
Sale procedure—Certificate to governor of payment in full—
Deed.
Sale procedure—Reservation in contract.
Sale procedure—Form of contract—Forfeiture—Extension of
time.
Bill of sale for valuable material sold separately.
Sale of rock, gravel, sand, silt, and other valuable materials.
Sale of rock, gravel, sand and silt—Application—Terms of
lease or contract—Bond—Payment—Reports.
Sale of rock, gravel, sand and silt—Investigation, audit of
books of person removing.
Contract for sale of rock, gravel, etc.—Royalties—
Consideration of flood protection value.
Leases and permits for prospecting and contracts for mining
valuable minerals and specific materials from aquatic
lands.
(2002 Ed.)
Aquatic Lands—In General
79.90.340
79.90.350
79.90.360
79.90.370
79.90.380
79.90.390
79.90.400
79.90.410
79.90.450
79.90.455
79.90.457
79.90.460
79.90.465
79.90.470
79.90.475
79.90.480
79.90.485
79.90.490
79.90.495
79.90.500
79.90.505
79.90.510
79.90.515
79.90.520
79.90.525
79.90.530
79.90.535
79.90.540
79.90.545
79.90.550
79.90.555
79.90.560
79.90.565
79.90.570
79.90.575
79.90.900
79.90.901
79.90.902
Option contracts for prospecting and leases for mining and
extraction of coal from aquatic lands.
Subdivision of leases—Fee.
Effect of mistake or fraud.
Assignment of contracts or leases.
Abstracts of state-owned aquatic lands.
Distraint or sale of improvements for taxes.
Aquatic lands—Court review of actions.
Reconsideration of official acts.
Aquatic lands—Findings.
Aquatic lands—Management guidelines.
Authority to exchange state-owned tidelands and
shorelands—Rules—Limitation.
Aquatic lands—Preservation and enhancement of water-dependent uses—Leasing authority.
Definitions.
Aquatic lands—Use for public utility lines—Recovery of
costs—Use for public parks or public recreation purposes—Lease of tidelands in front of public parks—Use
granted by easement—Recovery of commodity costs.
Management of certain aquatic lands by port district—
Agreement—Rent—Model management agreement.
Determination of annual rent rates for lease of aquatic lands
for water-dependent uses—Marina leases.
Log storage rents.
Rent for leases in effect October 1, 1984.
Rents and fees for aquatic lands used for aquaculture production and harvesting.
Aquatic lands—Rents for nonwater-dependent uses—Rents
and fees for the recovery of mineral or geothermal
resources.
Aquatic lands—Rents for multiple uses.
Aquatic lands—Lease for water-dependent use—Rental for
nonwater-dependent use.
Aquatic lands—Rent for improvements.
Aquatic lands—Administrative review of proposed rent.
Aquatic lands—Security for leases for more than one year.
Aquatic lands—Payment of rent.
Aquatic lands—Interest rate.
Adoption of rules.
Application to existing property rights—Application of
Shoreline Management Act.
Aquatic land disposal sites—Legislative findings.
Aquatic land dredged material disposal site account.
Fees for use of aquatic land dredged material disposal sites
authorized.
Archaeological activities on state-owned aquatic lands—
Agreements, leases, or other conveyances.
Bush act/Callow act lands.
Charge for term of easement—Recovery of costs.
Savings—Captions—Severability—Effective dates—1982
1st ex.s. c 21.
Severability—1984 c 221.
Effective date—1984 c 221.
79.90.010 "Aquatic lands." Whenever used in
chapters 79.90 through 79.96 RCW the term "aquatic lands"
means all state-owned tidelands, shorelands, harbor areas,
and the beds of navigable waters. [1982 1st ex.s. c 21 § 1.]
79.90.015 "Outer harbor line." Whenever used in
chapters 79.90 through 79.96 RCW the term "outer harbor
line" means a line located and established in navigable
waters as provided in section 1 of Article XV of the state
Constitution, beyond which the state shall never sell or lease
any rights whatever to private persons. [1982 1st ex.s. c 21
§ 2.]
79.90.020 "Harbor area." Whenever used in
chapters 79.90 through 79.96 RCW the term "harbor area"
means the area of navigable waters determined as provided
(2002 Ed.)
Chapter 79.90
in section 1 of Article XV of the state Constitution, which
shall be forever reserved for landings, wharves, streets and
other conveniences of navigation and commerce. [1982 1st
ex.s. c 21 § 3.]
79.90.025 "Inner harbor line." Whenever used in
chapters 79.90 through 79.96 RCW the term "inner harbor
line" means a line located and established in navigable
waters between the line of ordinary high tide or ordinary
high water and the outer harbor line, constituting the inner
boundary of the harbor area. [1982 1st ex.s. c 21 § 4.]
79.90.030 "First class tidelands." Whenever used in
chapters 79.90 through 79.96 RCW the term "first class
tidelands" means the shores of navigable tidal waters
belonging to the state, lying within or in front of the corporate limits of any city, or within one mile thereof upon either
side and between the line of ordinary high tide and the inner
harbor line; and within two miles of the corporate limits on
either side and between the line of ordinary high tide and the
line of extreme low tide. [1982 1st ex.s. c 21 § 5.]
79.90.035 "Second class tidelands." Whenever used
in chapters 79.90 through 79.96 RCW the term "second class
tidelands" means the shores of navigable tidal waters
belonging to the state, lying outside of and more than two
miles from the corporate limits of any city, and between the
line of ordinary high tide and the line of extreme low tide.
[1982 1st ex.s. c 21 § 6.]
79.90.040 "First class shorelands." Whenever used
in chapters 79.90 through 79.96 RCW the term "first class
shorelands" means the shores of a navigable lake or river
belonging to the state, not subject to tidal flow, lying
between the line of ordinary high water and the line of
navigability, or inner harbor line where established and
within or in front of the corporate limits of any city or
within two miles thereof upon either side. [1982 1st ex.s. c
21 § 7.]
79.90.045 "Second class shorelands." Whenever
used in chapters 79.90 through 79.96 RCW the term "second
class shorelands" means the shores of a navigable lake or
river belonging to the state, not subject to tidal flow, lying
between the line of ordinary high water and the line of
navigability, and more than two miles from the corporate
limits of any city. [1982 1st ex.s. c 21 § 8.]
79.90.050 "Beds of navigable waters." Whenever
used in chapters 79.90 through 79.96 RCW, the term "beds
of navigable waters" means those lands lying waterward of
and below the line of navigability on rivers and lakes not
subject to tidal flow, or extreme low tide mark in navigable
tidal waters, or the outer harbor line where harbor area has
been created. [1982 1st ex.s. c 21 § 9.]
79.90.055 "Improvements." Whenever used in
chapters 79.90 through 79.96 RCW the term "improvements"
when referring to aquatic lands means anything considered
a fixture in law placed within, upon or attached to such lands
[Title 79 RCW—page 77]
79.90.055
Title 79 RCW: Public Lands
that has changed the value of those lands, or any changes in
the previous condition of the fixtures that changes the value
of the land. [1982 1st ex.s. c 21 § 10.]
79.90.060 "Valuable materials." Whenever used in
chapters 79.90 through 79.96 RCW the term "valuable
materials" when referring to aquatic lands means any product
or material within or upon said lands, such as forest products, forage, stone, gravel, sand, peat, agricultural crops, and
all other materials of value except mineral, coal, petroleum,
and gas as provided for under chapters 79.01 and 79.14
RCW. [1982 1st ex.s. c 21 § 11.]
79.90.065 "Person." Whenever used in chapters
79.90 through 79.96 RCW the term "person" means any
private individual, partnership, association, organization,
cooperative, firm, corporation, the state or any agency or
political subdivision thereof, any public or municipal
corporation, or any unit of government, however designated.
[1982 1st ex.s. c 21 § 12.]
79.90.070 Harbor line commission. The board of
natural resources shall constitute the commission provided
for in section 1 of Article XV of the state Constitution to
locate and establish outer harbor lines beyond which the
state shall never sell or lease any rights whatever to private
persons, and to locate and establish the inner harbor line,
thereby defining the width of the harbor area between such
harbor lines. The harbor area shall be forever reserved for
landings, wharves, streets, and other conveniences of
navigation and commerce. [1982 1st ex.s. c 21 § 13.]
79.90.080 Board of natural resources—Records—
Rules and regulations. The board of natural resources
acting as the harbor line commission shall keep a full and
complete record of its proceedings relating to the establishment of harbor lines and the determination of harbor areas.
The board shall have the power from time to time to make
and enforce rules and regulations for the carrying out of the
provisions of chapters 79.90 through 79.96 RCW relating to
its duties not inconsistent with law. [1982 1st ex.s. c 21 §
14.]
79.90.090 Sale and lease of state-owned aquatic
lands—Blank forms of applications. The department of
natural resources shall prepare, and furnish to applicants,
blank forms of applications for the purchase of tide or shore
lands belonging to the state, otherwise permitted by RCW
79.94.150 to be sold, and the purchase of valuable material
situated thereon, and the lease of tidelands, shorelands and
harbor areas belonging to the state, which forms shall
contain such instructions as will inform and aid the applicants. [1982 1st ex.s. c 21 § 15.]
79.90.100
Who may purchase or lease—
Application—Fees. Any person desiring to purchase any
tide or shore lands belonging to the state, otherwise permitted under RCW 79.94.150 to be sold, or to purchase any
valuable material situated thereon, or to lease any aquatic
lands, shall file with the department of natural resources an
[Title 79 RCW—page 78]
application, on the proper form which shall be accompanied
by reasonable fees to be prescribed by the board of natural
resources in its rules and regulations, in an amount sufficient
to defray the cost of performing or otherwise providing for
the processing, review, or inspection of the applications or
activities permitted pursuant to the applications for each
category of services performed. These fees shall be credited
to the resource management cost account (RMCA) fund in
the general fund. [1982 1st ex.s. c 21 § 16.]
79.90.105 Private recreational docks—Mooring
buoys. (1) The abutting residential owner to state-owned
shorelands, tidelands, or related beds of navigable waters,
other than harbor areas, may install and maintain without
charge a dock on such areas if used exclusively for private
recreational purposes and the area is not subject to prior
rights, including any rights of upland, tideland, or shoreland
owners as provided in RCW 79.94.070, 79.94.260,
79.94.280, and 79.95.010. The dock cannot be sold or
leased separately from the upland residence. The dock
cannot be used to moor boats for commercial or residential
use. This permission is subject to applicable local, state, and
federal rules and regulations governing location, design,
construction, size, and length of the dock. Nothing in this
subsection (1) prevents the abutting owner from obtaining a
lease if otherwise provided by law.
(2) The abutting residential owner to state-owned
shorelands, tidelands, or related beds of navigable waters,
other than harbor areas, may install and maintain a mooring
buoy without charge if the boat that is moored to the buoy
is used for private recreational purposes, the area is not
subject to prior rights, including any rights of upland,
tideland, or shoreland owners as provided in RCW
79.94.070, 79.94.260, 79.94.280, and 79.95.010, and the
buoy will not obstruct the use of mooring buoys previously
authorized by the department.
(a) The buoy must be located as near to the upland
residence as practical, consistent with applicable rules and
regulations and the provisions of this section. The buoy
must be located, or relocated if necessary, to accommodate
the use of lawfully installed and maintained buoys.
(b) If two or more residential owners, who otherwise
qualify for free use under the provisions of this section, are
in dispute over assertion of rights to install and maintain a
mooring buoy in the same location, they may seek formal
settlement through adjudication in superior court for the
county in which the buoy site is located. In the adjudication,
preference must be given to the residential owner that first
installed and continually maintained and used a buoy on that
site, if it meets all applicable rules, regulations, and provisions of this section, and then to the owner of the residential
property nearest the site. Nothing in this section requires the
department to mediate or otherwise resolve disputes between
residential owners over the use of the same site for a
mooring buoy.
(c) The buoy cannot be sold or leased separately from
the abutting residential property. The buoy cannot be used
to moor boats for commercial or residential use, nor to moor
boats over sixty feet in length.
(d) If the department determines that it is necessary for
secure moorage, the abutting residential owner may install
(2002 Ed.)
Aquatic Lands—In General
and maintain a second mooring buoy, under the same
provisions as the first, the use of which is limited to a
second mooring line to the boat moored at the first buoy.
(e) The permission granted in this subsection (2) is
subject to applicable local, state, and federal rules and
regulations governing location, design, installation, maintenance, and operation of the mooring buoy, anchoring system,
and moored boat. Nothing in this subsection (2) prevents a
boat owner from obtaining a lease if otherwise provided by
law. This subsection (2) also applies to areas that have been
designated by the commissioner of public lands or the fish
and wildlife commission as aquatic reserves.
(3) This permission to install and maintain a recreational
dock or mooring buoy may be revoked by the department,
or the department may direct the owner of a recreational
dock or mooring buoy to relocate their dock or buoy, if the
department makes a finding of public necessity to protect
waterward access, ingress rights of other landowners, public
health or safety, or public resources. Circumstances prompting a finding of public necessity may include, but are not
limited to, the dock, buoy, anchoring system, or boat posing
a hazard or obstruction to navigation or fishing, contributing
to degradation of aquatic habitat, or contributing to decertification of shellfish beds otherwise suitable for commercial or
recreational harvest. The revocation may be appealed as
provided for under RCW 79.90.400.
(4) Nothing in this section authorizes a boat owner to
abandon a vessel at a recreational dock, mooring buoy, or
elsewhere. [2002 c 304 § 1; 2001 c 277 § 1; 1989 c 175 §
170; 1983 2nd ex.s. c 2 § 2.]
Effective date—1989 c 175: See note following RCW 34.05.010.
79.90.110 Date of sale limited by time of appraisal.
In no case shall any tide or shore lands belonging to the
state, otherwise permitted under RCW 79.94.150 to be sold,
or any valuable materials situated within or upon any tidelands, shorelands or beds of navigable waters belonging to
the state, be offered for sale unless the same shall have been
appraised by the department of natural resources within
ninety days prior to the date fixed for the sale. [1982 1st
ex.s. c 21 § 17.]
79.90.120 Survey to determine areas subject to sale
or lease. The department of natural resources may cause
any aquatic lands to be surveyed for the purpose of ascertaining and determining the area subject to sale or lease.
[1982 1st ex.s. c 21 § 18.]
79.90.130 Valuable materials from Columbia
river—Agreements with Oregon. The department is authorized and empowered to confer with and enter into any
agreements with the public authorities of the state of Oregon,
which in the judgment of the department will assist the state
of Washington and the state of Oregon in securing the
maximum revenues for sand, gravel or other valuable
materials taken from the bed of the Columbia river where
said river forms the boundary line between said states.
[1991 c 322 § 24; 1982 1st ex.s. c 21 § 19.]
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
(2002 Ed.)
79.90.105
79.90.150 Material removed for channel or harbor
improvement or flood control—Use for public purpose.
When gravel, rock, sand, silt or other material from any
aquatic lands is removed by any public agency or under
public contract for channel or harbor improvement, or flood
control, use of such material may be authorized by the
department of natural resources for a public purpose on land
owned or leased by the state or any municipality, county, or
public corporation: PROVIDED, That when no public land
site is available for deposit of such material, its deposit on
private land with the landowner’s permission is authorized
and may be designated by the department of natural resources to be for a public purpose. Prior to removal and use, the
state agency, municipality, county, or public corporation
contemplating or arranging such use shall first obtain written
permission from the department of natural resources. No
payment of royalty shall be required for such gravel, rock,
sand, silt, or other material used for such public purpose, but
a charge will be made if such material is subsequently sold
or used for some other purpose: PROVIDED, That the
department may authorize such public agency or private
landowner to dispose of such material without charge when
necessary to implement disposal of material. No charge
shall be required for any use of the material obtained under
the provisions of this chapter when used solely on an
authorized site. No charge shall be required for any use of
the material obtained under the provisions of this chapter if
the material is used for public purposes by local governments. Public purposes include, but are not limited to,
construction and maintenance of roads, dikes, and levies.
Nothing in this section shall repeal or modify the provisions
of *RCW 75.20.100 or eliminate the necessity of obtaining
a permit for such removal from other state or federal
agencies as otherwise required by law. [1991 c 337 § 1;
1982 1st ex.s. c 21 § 21.]
*Reviser’s note: RCW 75.20.100 was recodified as RCW 77.55.100
pursuant to 2000 c 107 § 129.
79.90.160 Mt. St. Helen’s eruption—Dredge
spoils—Sale by certain landowners. The legislature finds
and declares that, due to the extraordinary volume of
material washed down onto state-owned beds and shorelands
in the Toutle river, Coweeman river, and portions of the
Cowlitz river, the dredge spoils placed upon adjacent
publicly and privately owned property in such areas, if
further disposed, will be of nominal value to the state and
that it is in the best interests of the state to allow further
disposal without charge.
All dredge spoil or materials removed from the stateowned beds and shores of the Toutle river, Coweeman river
and that portion of the Cowlitz river from two miles above
the confluence of the Toutle river to its mouth deposited on
adjacent public and private lands during the years 1980
through December 31, 1995, as a result of dredging of these
rivers for navigation and flood control purposes may be sold,
transferred, or otherwise disposed of by owners of such
lands without the necessity of any charge by the department
of natural resources and free and clear of any interest of the
department of natural resources of the state of Washington.
[2000 c 13 § 2; 1989 c 213 § 4; 1985 c 307 § 7; 1985 c 12
§ 1; 1982 1st ex.s. c 21 § 22.]
[Title 79 RCW—page 79]
79.90.170
Title 79 RCW: Public Lands
79.90.170 Sale procedure—Fixing date, place, and
time of sale—Notice—Publication and posting—Direct
sale to applicant without notice, when. When the department of natural resources shall have decided to sell any
tidelands or shorelands belonging to the state, otherwise
permitted by RCW 79.94.150 to be sold, or any valuable
materials situated within or upon any aquatic lands, it shall
be the duty of the department to forthwith fix the date, place,
and the time of sale, and no sale shall be had on any day
which is a legal holiday.
The department shall give notice of the sale by advertisement published once a week for four consecutive weeks
immediately preceding the date fixed for sale in said notice,
in at least one newspaper published and of general circulation in the county in which the whole or any part of any lot,
block, or tract of land to be sold (or the valuable materials
thereon) is to be sold is situated, and by causing a copy of
said notice to be posted in a conspicuous place in the
department’s Olympia office and the area headquarters
administering such sale, and in the office of the county
auditor of such county; which notice shall specify the place
and time of sale, the appraised value thereof, and describe
with particularity each parcel of land to be sold, or from
which valuable materials are to be sold, and in the case of
material sales the estimated volume thereof, and specify that
the terms of sale will be posted in the area headquarters and
the department’s Olympia office: PROVIDED, That any
sale of valuable material of an appraised value of one
thousand dollars or less may be sold directly to the applicant
for cash at the appraised value without notice or advertising.
[1982 1st ex.s. c 21 § 23.]
79.90.180 Sale procedure—Pamphlet list of lands or
materials—Notice of sale—Proof of publishing and
posting. The department of natural resources shall cause to
be printed a list of all tidelands and shorelands belonging to
the state, otherwise permitted by RCW 79.94.150 to be sold,
or valuable materials contained within or upon aquatic lands,
and the appraised value thereof, that are to be sold in the
several counties of the state, said lists to be issued at least
four weeks prior to the date of any sale of the lands and
materials enumerated thereon, such materials to be listed
under the name of the county wherein located, in alphabetical order giving the appraised values, the character of the
same and such other information as may be of interest to
prospective buyers. Said department shall cause to be
distributed to the auditor of each county in the state a
sufficient number of such lists to supply the demands made
upon them respectively as reported by such auditors. And
said county auditors shall keep the list so furnished in a
conspicuous place or receptacle on the counter of the public
office of their respective departments, and, when requested
so to do, shall mail copies of such lists to residents of their
counties. The department shall retain for free distribution in
its office in Olympia and the area offices sufficient copies of
said lists, to be kept in a conspicuous place or receptacle on
the counter of the general office of the department of natural
resources, and the areas, and, when requested so do to, shall
mail copies of said list as issued to any applicant therefor.
Proof of publication of the notice of sale shall be made by
affidavit of the publisher, or person in charge, of the
[Title 79 RCW—page 80]
newspaper publishing the same and proof of posting the
notice of sale and the receipt of the lists shall be made by
certificate of the county auditor which shall forthwith be sent
to and filed with the department of natural resources. [1982
1st ex.s. c 21 § 24.]
79.90.190 Sale procedure—Additional advertising
expense. The department of natural resources is authorized
to expend any sum in additional advertising of such sale as
shall be determined to be in the best interests of the state.
[1982 1st ex.s. c 21 § 25.]
79.90.200 Sale procedure—Place of sale—Hours—
Reoffer—Continuance. When sales are made by the county
auditor, they shall take place at such place on county
property as the county legislative authority may direct in the
county in which the whole, or the greater part, of each lot,
block, or tract of land, or the material thereon, to be sold, is
situated. All other sales shall be held at the departmental
area offices having jurisdiction over the respective sales. All
sales shall be conducted between the hours of ten o’clock
a.m. and four o’clock p.m.
Any sale which has been offered, and for which there
are no bids received shall not be reoffered until it has been
readvertised as specified in RCW 79.90.170, 79.90.180, and
79.90.190. If all sales cannot be offered within the specified
time on the advertised date, the sale shall continue on the
following day between the hours of ten o’clock a.m. and
four o’clock p.m. [1982 1st ex.s. c 21 § 26.]
79.90.210 Sale procedure—Sales at auction or by
sealed bid—Minimum price—Exception as to minor sale
of valuable materials at auction. All sales of tidelands and
shorelands belonging to the state, otherwise permitted by
RCW 79.94.150 to be sold, shall be at public auction and all
sales of valuable materials shall be at public auction or by
sealed bid to the highest responsible bidder, on the terms
prescribed by law and as specified in the notice provided,
and no land or materials shall be sold for less than their
appraised value: PROVIDED, That when valuable material
has been appraised at an amount not exceeding one hundred
thousand dollars, the department of natural resources, when
authorized by the board of natural resources, may arrange for
the sale at public auction of said valuable material and for its
removal under such terms and conditions as the department
may prescribe, after the department shall have caused to be
published not less than ten days prior to sale a notice of such
sale in a newspaper of general circulation located nearest to
the property to be sold. However, any sale of valuable
material on aquatic lands of an appraised value of ten
thousand dollars or less may be sold directly to the applicant
for cash without notice or advertising. [1990 c 163 § 1;
1982 1st ex.s. c 21 § 27.]
79.90.215
Highest responsible bidder—
Determination. (1) To determine the "highest responsible
bidder" under RCW 79.90.210, the department of natural
resources shall be entitled to consider, in addition to price,
the following:
(a) The financial and technical ability of the bidder to
perform the contract;
(2002 Ed.)
Aquatic Lands—In General
(b) Whether the bid contains material defects;
(c) Whether the bidder has previously or is currently
complying with terms and conditions of any other contracts
with the state or relevant contracts with entities other than
the state;
(d) Whether the bidder has been convicted of a crime
relating to the public lands or natural resources of the state
of Washington, the United States, or any other state, tribe, or
country, where "conviction" shall include a guilty plea, or
unvacated forfeiture of bail;
(e) Whether the bidder is owned, controlled, or managed
by any person, partnership, or corporation that is not
responsible under this statute; and
(f) Whether the subcontractors of the bidder, if any, are
responsible under this statute.
(2) Whenever the department has reason to believe that
the apparent high bidder is not a responsible bidder, the
department may award the sale to the next responsible bidder
or the department may reject all bids pursuant to RCW
79.90.240. [1990 c 163 § 2.]
79.90.220 Sale procedure—Conduct of sales—
Deposits—Bid bonds—Memorandum of purchase. Sales
by public auction under this chapter shall be conducted
under the direction of the department of natural resources, by
its authorized representative or by the county auditor of the
county in which the sale is held. The department’s representative and the county auditor are hereinafter referred to as
auctioneers. On or before the time specified in the notice of
sale each bidder shall deposit with the auctioneer, in cash or
by certified check, cashier’s check, or postal money order
payable to the order of the department of natural resources,
or by bid guarantee in the form of bid bond acceptable to the
department, an amount equal to the deposit specified in the
notice of sale. The deposit shall include a specified amount
of the appraised price for the valuable materials offered for
sale, together with any fee required by law for the issuance
of contracts or bills of sale. Said deposit may, when
prescribed in the notice of sale, be considered an opening bid
of an amount not less than the minimum appraised price
established in the notice of sale. The successful bidder’s
deposit will be retained by the auctioneer and the difference,
if any, between the deposit and the total amount due shall on
the day of the sale be paid in cash, certified check, cashier’s
check, draft, postal money order or by personal check made
payable to the department. If a bid bond is used, the share
of the total deposit due guaranteed by the bid bond shall,
within ten days of the day of sale, be paid in cash, certified
check, cashier’s check, draft or postal money order payable
to the department. Other deposits, if any, shall be returned
to the respective bidders at the conclusion of each sale. The
auctioneer shall deliver to the purchaser a memorandum of
his purchase containing a description of the land or materials
purchased, the price bid, and the terms of the sale. The
auctioneer shall at once send to the department the cash,
certified check, cashier’s check, draft, postal money order,
or bid guarantee received from the purchaser, and a copy of
the memorandum delivered to the purchaser, together with
such additional report of his proceedings with reference to
such sales as may be required by the department. [1982 1st
ex.s. c 21 § 28.]
(2002 Ed.)
79.90.215
79.90.230 Sale procedure—Readvertisement of
lands not sold. If any tide or shore land, when otherwise
permitted under RCW 79.94.150 to be sold, so offered for
sale be not sold, the same may again be advertised for sale,
as provided in this chapter, whenever in the opinion of the
department of natural resources it shall be expedient so to
do, and such land shall be again advertised and offered for
sale as herein provided, whenever any person shall apply to
the commissioner in writing to have such land offered for
sale and shall agree to pay, at least the appraised value
thereof and shall deposit with the department at the time of
making such application a sufficient sum of money to pay
the cost of advertising such sale. [1982 1st ex.s. c 21 § 29.]
79.90.240 Sale procedure—Confirmation of sale.
(1) A sale of valuable materials or tidelands or shorelands
otherwise permitted by RCW 79.94.150 to be sold shall be
confirmed if:
(a) No affidavit showing that the interest of the state in
such sale was injuriously affected by fraud or collusion, is
filed with the commissioner of public lands within ten days
from the receipt of the report of the auctioneer conducting
the sale;
(b) It shall appear from such report that the sale was
fairly conducted, that the purchaser was the highest responsible bidder at such sale, and that the sale price is not less
than the appraised value of the property sold;
(c) The commissioner is satisfied that the lands or
material sold would not, upon being readvertised and offered
for sale, sell for a substantially higher price; and
(d) The payment required by law to be made at the time
of making the sale has been made, and that the best interests
of the state may be subserved thereby.
(2) Upon confirming a sale, the commissioner shall
enter upon his records the confirmation of sale and thereupon issue to the purchaser a contract of sale or bill of sale as
the case may be, as is provided for in this chapter. [1990 c
163 § 3; 1982 1st ex.s. c 21 § 30.]
79.90.250 Sale procedure—Terms of payment—
Deferred payments, rate of interest. All tidelands and
shorelands belonging to the state, otherwise permitted under
RCW 79.94.150 to be sold, shall be sold on the following
terms: One-tenth to be paid on the date of sale; one-tenth to
be paid one year from the date of the issuance of the
contract of sale; and one-tenth annually thereafter until the
full purchase price has been made; but any purchaser may
make full payment at any time. All deferred payments shall
draw interest at such rate as may be fixed, from time to
time, by rule adopted by the board of natural resources, and
the rate of interest, as so fixed at the date of each sale, shall
be stated in all advertising for and notice of said sale and in
the contract of sale. The first installment of interest shall
become due and payable one year after the date of the
contract of sale and thereafter all interest shall become due
and payable annually on said date, and all remittances for
payment of either principal or interest shall be forwarded to
the department of natural resources. [1982 1st ex.s. c 21 §
31.]
[Title 79 RCW—page 81]
79.90.260
Title 79 RCW: Public Lands
79.90.260 Sale procedure—Certificate to governor
of payment in full—Deed. When the entire purchase price
of any tidelands or shorelands belonging to the state,
otherwise permitted under RCW 79.94.150 to be sold, shall
have been fully paid, the department of natural resources
shall certify such fact to the governor, and shall cause a deed
signed by the governor and attested by the secretary of state,
with the seal of the state attached thereto, to be issued to the
purchaser and to be recorded in the office of the commissioner of public lands, and no fee shall be required for
any deed issued by the governor other than the fee provided
for in this chapter. [1982 1st ex.s. c 21 § 32.]
79.90.270 Sale procedure—Reservation in contract.
Each and every contract for the sale of (and each deed to)
tidelands or shorelands belonging to the state, otherwise
permitted under RCW 79.94.150 to be sold, shall contain the
reservation contained in RCW 79.01.224. [1982 1st ex.s. c
21 § 33.]
79.90.280 Sale procedure—Form of contract—
Forfeiture—Extension of time. The purchaser of tidelands
or shorelands belonging to the state, otherwise permitted
under RCW 79.94.150 to be sold, except in cases where the
full purchase price is paid at the time of the purchase, shall
enter into and sign a contract with the state to be signed by
the commissioner of public lands on behalf of the state, with
his seal of office attached, and in a form to be prescribed by
the attorney general, and under those terms and conditions
provided in RCW 79.01.228. [1982 1st ex.s. c 21 § 34.]
79.90.290 Bill of sale for valuable material sold
separately. When valuable materials shall have been sold
separate from aquatic lands and the purchase price is paid in
full, the department of natural resources shall cause a bill of
sale, signed by the commissioner of public lands and attested
by the seal of his office, setting forth the time within which
such material shall be removed. The bill of sale shall be
issued to the purchaser and shall be recorded in the office of
the commissioner of public lands, upon the payment of the
fee provided for in this chapter. [1982 1st ex.s. c 21 § 35.]
79.90.300 Sale of rock, gravel, sand, silt, and other
valuable materials. The department of natural resources,
upon application by any person or when determined by the
department to be in the best interest of the state, may enter
into a contract or lease providing for the removal and sale of
rock, gravel, sand, and silt, or other valuable materials
located within or upon beds of navigable waters, or upon any
tidelands or shorelands belonging to the state and providing
for payment to be made therefor by such royalty as the
department may fix, by negotiation, by sealed bid, or at
public auction. If application is made for the purchase of
any valuable material situated within or upon aquatic lands
the department shall inspect and appraise the value of the
material in the application. [1991 c 322 § 26; 1982 1st ex.s.
c 21 § 36.]
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
[Title 79 RCW—page 82]
79.90.310 Sale of rock, gravel, sand and silt—
Application—Terms of lease or contract—Bond—
Payment—Reports. Each application made pursuant to
RCW 79.90.300 shall set forth the estimated quantity and
kind of materials desired to be removed and shall be
accompanied by a map or plat showing the area from which
the applicant wishes to remove such materials. The department of natural resources may in its discretion include in any
lease or contract entered into pursuant to RCW 79.90.300
through 79.90.320, such terms and conditions deemed
necessary by the department to protect the interests of the
state. In each such lease or contract the department shall
provide for a right of forfeiture by the state, upon a failure
to operate under the lease or contract or pay royalties or rent
for periods therein stipulated, and the department shall
require a bond with a surety company authorized to transact
a surety business in this state, as surety to secure the
performance of the terms and conditions of such contract or
lease including the payment of royalties. The right of
forfeiture shall be exercised by entry of a declaration of
forfeiture in the records of the department. The amount of
rock, gravel, sand or silt taken under the contract or lease
shall be reported monthly by the purchaser to the department
and payment therefor made on the basis of the royalty
provided in the lease or contract. [1982 1st ex.s. c 21 § 37.]
79.90.320 Sale of rock, gravel, sand and silt—
Investigation, audit of books of person removing. The
department of natural resources may inspect and audit books,
contracts, and accounts of each person removing rock,
gravel, sand, or silt pursuant to any such lease or contract
under RCW 79.90.300 and 79.90.310 and make such other
investigation and secure or receive any other evidence
necessary to determine whether or not the state is being paid
the full amount payable to it for the removal of such
materials. [1982 1st ex.s. c 21 § 38.]
79.90.325 Contract for sale of rock, gravel, etc.—
Royalties—Consideration of flood protection value.
Whenever, pursuant to RCW 79.01.134, the commissioner of
public lands enters into a contract for the sale and removal
of rock, gravel, sand, or silt out of a riverbed, the commissioner shall, when establishing a royalty, take into consideration flood protection value to the public that will arise as a
result of such removal. [1984 c 212 § 10. Formerly RCW
79.01.135.]
79.90.330 Leases and permits for prospecting and
contracts for mining valuable minerals and specific
materials from aquatic lands. The department of natural
resources may issue permits and leases for prospecting,
placer mining contracts, and contracts for the mining of
valuable minerals and specific materials, except rock, gravel,
sand, silt, coal, or hydrocarbons, upon and from any aquatic
lands belonging to the state, or which have been sold and the
minerals thereon reserved by the state in tracts not to exceed
six hundred forty acres or an entire government-surveyed
section. The procedures contained at RCW 79.01.616
through 79.01.651, inclusive, shall apply thereto. [1987 c 20
§ 16; 1982 1st ex.s. c 21 § 39.]
(2002 Ed.)
Aquatic Lands—In General
79.90.340 Option contracts for prospecting and
leases for mining and extraction of coal from aquatic
lands. The department of natural resources is authorized to
execute option contracts for prospecting purposes and leases
for the mining and extraction of coal from any aquatic lands
owned by the state or from which it may hereafter acquire
title, or from any aquatic lands sold or leased by the state
the minerals of which have been reserved by the state. The
procedures contained at RCW 79.01.652 through 79.01.696,
inclusive, shall apply thereto. [1982 1st ex.s. c 21 § 40.]
79.90.350 Subdivision of leases—Fee. Whenever the
holder of any contract to purchase any tidelands or
shorelands belonging to the state, otherwise permitted under
RCW 79.94.150 to be sold, or the holder of any lease of any
such lands, except for mining of valuable minerals, or coal,
or extraction of petroleum or gas, shall surrender the same
to the department of natural resources with the request to
have it divided into two or more contracts or leases, the
department may divide the same and issue new contracts, or
leases: PROVIDED, That no new contract or lease shall
issue while there is due and unpaid any rental, taxes, or
assessments on the land held under such contract or lease,
nor in any case where the department is of the opinion that
the state’s security would be impaired or endangered by the
proposed division. For all such new contracts, or leases, a
fee as determined by the board of natural resources for each
new contract or lease issued, shall be paid by the applicant
and such fee shall be paid into the state treasury to the
resource management cost account in the general fund,
pursuant to RCW 79.64.020. [1982 1st ex.s. c 21 § 41.]
79.90.360 Effect of mistake or fraud. Any sale or
lease of tidelands or shorelands belonging to the state,
otherwise permitted under RCW 79.94.150 to be sold, made
by mistake, or not in accordance with law, or obtained by
fraud or misrepresentation, shall be void, and the contract of
purchase, or lease, issued thereon shall be of no effect, and
the holder of such contract, or lease, shall be required to
surrender the same to the department of natural resources,
which, except in the case of fraud on the part of the purchaser, or lessee, shall cause the money paid on account of such
surrendered contract, or lease, to be refunded to the holder
thereof, provided the same has not been paid into the state
treasury. [1982 1st ex.s. c 21 § 42.]
79.90.370 Assignment of contracts or leases. All
contracts of purchase of tidelands or shorelands belonging to
the state, otherwise permitted under RCW 79.94.150 to be
sold, and all leases of tidelands, shorelands, or beds of
navigable waters belonging to the state issued by the department of natural resources shall be assignable in writing by
the contract holder or lessee. The assignee shall be subject
to the provisions of law applicable to the purchaser, or
lessee, of whom he is the assignee, and shall have the same
rights in all respects as the original purchaser, or lessee, of
the lands, but only if the assignment is first approved by the
department and entered upon the records in the office of the
commissioner of public lands. [1982 1st ex.s. c 21 § 43.]
79.90.340
79.90.380 Abstracts of state-owned aquatic lands.
The department of natural resources shall cause full and
correct abstracts of all aquatic lands, to be made and kept in
the same manner as provided for in RCW 79.01.304. [1982
1st ex.s. c 21 § 44.]
79.90.390 Distraint or sale of improvements for
taxes. Whenever improvements have been made on stateowned tidelands, shorelands or beds of navigable waters, in
front of cities or towns, prior to the location of harbor lines
in front of such cities or towns, and the reserved harbor area
as located include such improvements, no distraint or sale of
such improvements for taxes shall be had until six months
after said lands have been leased or offered for lease: PROVIDED, That this section shall not affect or impair the lien
for taxes on said improvements. [1982 1st ex.s. c 21 § 45.]
79.90.400 Aquatic lands—Court review of actions.
Any applicant to purchase, or lease, any aquatic lands of the
state, or any valuable materials thereon, and any person
whose property rights or interest will be affected by such
sale or lease, feeling himself aggrieved by any order or
decision of the board of natural resources, or the commissioner of public lands, concerning the same, may appeal
therefrom in the manner provided in RCW 79.01.500. [1982
1st ex.s. c 21 § 46.]
79.90.410 Reconsideration of official acts. The
department of natural resources may review and reconsider
any of its official acts relating to the aquatic lands of the
state until such time as a lease, contract, or deed shall have
been made, executed, and finally issued, and the department
may recall any lease, contract, or deed issued for the purpose
of correcting mistakes or errors, or supplying omissions.
[1982 1st ex.s. c 21 § 47.]
79.90.450 Aquatic lands—Findings. The legislature
finds that state-owned aquatic lands are a finite natural
resource of great value and an irreplaceable public heritage.
The legislature recognizes that the state owns these aquatic
lands in fee and has delegated to the department of natural
resources the responsibility to manage these lands for the
benefit of the public. The legislature finds that waterdependent industries and activities have played a major role
in the history of the state and will continue to be important
in the future. The legislature finds that revenues derived
from leases of state-owned aquatic lands should be used to
enhance opportunities for public recreation, shoreline access,
environmental protection, and other public benefits associated with the aquatic lands of the state. The legislature further
finds that aquatic lands are faced with conflicting use
demands. The purpose of RCW 79.90.450 through
79.90.545 is to articulate a management philosophy to guide
the exercise of the state’s ownership interest and the exercise
of the department’s management authority, and to establish
standards for determining equitable and predictable lease
rates for users of state-owned aquatic lands. [1984 c 221 §
1.]
79.90.455 Aquatic lands—Management guidelines.
The management of state-owned aquatic lands shall be in
(2002 Ed.)
[Title 79 RCW—page 83]
79.90.455
Title 79 RCW: Public Lands
conformance with constitutional and statutory requirements.
The manager of state-owned aquatic lands shall strive to provide a balance of public benefits for all citizens of the state.
The public benefits provided by aquatic lands are varied and
include:
(1) Encouraging direct public use and access;
(2) Fostering water-dependent uses;
(3) Ensuring environmental protection;
(4) Utilizing renewable resources.
Generating revenue in a manner consistent with subsections (1) through (4) of this section is a public benefit.
[1984 c 221 § 2.]
79.90.457 Authority to exchange state-owned
tidelands and shorelands—Rules—Limitation. The
department of natural resources may exchange state-owned
tidelands and shorelands with private and other public
landowners if the exchange is in the public interest and will
actively contribute to the public benefits established in RCW
79.90.455. The board of natural resources shall adopt rules
which establish criteria for determining when a proposed
exchange is in the public interest and actively contributes to
the public benefits established in RCW 79.90.455. The
department may not exchange state-owned harbor areas or
waterways. [1995 c 357 § 1.]
79.90.460 Aquatic lands—Preservation and enhancement of water-dependent uses—Leasing authority.
(1) The management of state-owned aquatic lands shall
preserve and enhance water-dependent uses. Water-dependent uses shall be favored over other uses in aquatic land
planning and in resolving conflicts between competing lease
applications. In cases of conflict between water-dependent
uses, priority shall be given to uses which enhance renewable resources, water-borne commerce, and the navigational
and biological capacity of the waters, and to statewide
interests as distinguished from local interests.
(2) Nonwater-dependent use of state-owned aquatic
lands is a low-priority use providing minimal public benefits
and shall not be permitted to expand or be established in
new areas except in exceptional circumstances where it is
compatible with water-dependent uses occurring in or
planned for the area.
(3) The department shall consider the natural values of
state-owned aquatic lands as wildlife habitat, natural area
preserve, representative ecosystem, or spawning area prior to
issuing any initial lease or authorizing any change in use.
The department may withhold from leasing lands which it
finds to have significant natural values, or may provide
within any lease for the protection of such values.
(4) The power to lease state-owned aquatic lands is
vested in the department of natural resources, which has the
authority to make leases upon terms, conditions, and length
of time in conformance with the state Constitution and
chapters 79.90 through 79.96 RCW.
(5) State-owned aquatic lands shall not be leased to
persons or organizations which discriminate on the basis of
race, color, creed, religion, sex, age, or physical or mental
handicap. [1984 c 221 § 3.]
[Title 79 RCW—page 84]
79.90.465 Definitions. The definitions in this section
apply throughout chapters 79.90 through 79.96 RCW.
(1) "Water-dependent use" means a use which cannot
logically exist in any location but on the water. Examples
include, but are not limited to, water-borne commerce;
terminal and transfer facilities; ferry terminals; watercraft
sales in conjunction with other water-dependent uses;
watercraft construction, repair, and maintenance; moorage
and launching facilities; aquaculture; log booming; and
public fishing piers and parks.
(2) "Water-oriented use" means a use which historically
has been dependent on a waterfront location, but with
existing technology could be located away from the waterfront. Examples include, but are not limited to, wood
products manufacturing, watercraft sales, fish processing,
petroleum refining, sand and gravel processing, log storage,
and house boats. For the purposes of determining rent under
this chapter, water-oriented uses shall be classified as waterdependent uses if the activity either is conducted on stateowned aquatic lands leased on October 1, 1984, or was
actually conducted on the state-owned aquatic lands for at
least three years before October 1, 1984. If, after October
1, 1984, the activity is changed to a use other than a waterdependent use, the activity shall be classified as a nonwaterdependent use. If continuation of the existing use requires
leasing additional state-owned aquatic lands and is permitted
under the shoreline management act of 1971, chapter 90.58
RCW, the department may allow reasonable expansion of the
water-oriented use.
(3) "Nonwater-dependent use" means a use which can
operate in a location other than on the waterfront. Examples
include, but are not limited to, hotels, condominiums,
apartments, restaurants, retail stores, and warehouses not part
of a marine terminal or transfer facility.
(4) "Log storage" means the water storage of logs in
rafts or otherwise prepared for shipment in water-borne
commerce, but does not include the temporary holding of
logs to be taken directly into a vessel or processing facility.
(5) "Log booming" means placing logs into and taking
them out of the water, assembling and disassembling log
rafts before or after their movement in water-borne commerce, related handling and sorting activities taking place in
the water, and the temporary holding of logs to be taken
directly into a processing facility. "Log booming" does not
include the temporary holding of logs to be taken directly
into a vessel.
(6) "Department" means the department of natural
resources.
(7) "Port district" means a port district created under
Title 53 RCW.
(8) The "real rate of return" means the average for the
most recent ten calendar years of the average rate of return
on conventional real property mortgages as reported by the
federal home loan bank board or any successor agency,
minus the average inflation rate for the most recent ten
calendar years.
(9) The "inflation rate" for a given year is the percentage rate of change in the previous calendar year’s all
commodity producer price index of the bureau of labor statistics of the United States department of commerce. If the
index ceases to be published, the department shall designate
by rule a comparable substitute index.
(2002 Ed.)
Aquatic Lands—In General
(10) "Public utility lines" means pipes, conduits, and
similar facilities for distribution of water, electricity, natural
gas, telephone, other electronic communication, and sewers,
including sewer outfall lines.
(11) "Terminal" means a point of interchange between
land and water carriers, such as a pier, wharf, or group of
such, equipped with facilities for care and handling of cargo
and/or passengers.
(12) "State-owned aquatic lands" means those aquatic
lands and waterways administered by the department of
natural resources or managed under RCW 79.90.475 by a
port district. "State-owned aquatic lands" does not include
aquatic lands owned in fee by, or withdrawn for the use of,
state agencies other than the department of natural resources.
[1984 c 221 § 4.]
79.90.470 Aquatic lands—Use for public utility
lines—Recovery of costs—Use for public parks or public
recreation purposes—Lease of tidelands in front of public
parks—Use granted by easement—Recovery of commodity costs. (1) The use of state-owned aquatic lands for public
utility lines owned by a governmental entity shall be granted
by an agreement, permit, or other instrument if the use is
consistent with the purposes of RCW 79.90.450 through
79.90.460 and does not obstruct navigation or other public
uses. The department may recover only its reasonable direct
administrative costs incurred in processing and approving the
request or application, and reviewing plans for construction
of public utility lines. For purposes of this section, "direct
administrative costs" means the cost of hours worked directly
on an application or request, based on salaries and benefits,
plus travel reimbursement and other actual out-of-pocket
costs. Direct administrative costs recovered by the department must be deposited into the resource management cost
account. Use for public parks or public recreation purposes
shall be granted without charge if the aquatic lands and
improvements are available to the general public on a firstcome, first-served basis and are not managed to produce a
profit for the operator or a concessionaire. The department
may lease state-owned tidelands that are in front of state
parks only with the approval of the state parks and recreation
commission. The department may lease bedlands in front of
state parks only after the department has consulted with the
state parks and recreation commission.
(2) The use of state-owned aquatic lands for local public
utility lines owned by a nongovernmental entity will be
granted by easement if the use is consistent with the purpose
of RCW 79.90.450 through 79.90.460 and does not obstruct
navigation or other public uses. The total charge for the
easement will be determined under RCW 79.90.575.
(3) Nothing in this section limits the ability of the
department to obtain payment for commodity costs, such as
lost revenue from renewable resources, resulting from the
granted use of state-owned aquatic lands for public utility
lines. [2002 c 152 § 2; 1984 c 221 § 5.]
Findings—Severability—2002 c 152: See notes following RCW
79.90.575.
79.90.475 Management of certain aquatic lands by
port district—Agreement—Rent—Model management
agreement. Upon request of a port district, the department
(2002 Ed.)
79.90.465
and port district may enter into an agreement authorizing the
port district to manage state-owned aquatic lands abutting or
used in conjunction with and contiguous to uplands owned,
leased, or otherwise managed by a port district, for port
purposes as provided in Title 53 RCW. Such agreement
shall include, but not be limited to, provisions defining the
specific area to be managed, the term, conditions of occupancy, reservations, periodic review, and other conditions to
ensure consistency with the state Constitution and the
policies of this chapter. If a port district acquires operating
management, lease, or ownership of real property which
abuts state-owned aquatic lands currently under lease from
the state to a person other than the port district, the port district shall manage such aquatic lands if: (1) The port district
acquires the leasehold interest in accordance with state law,
or (2) the current lessee and the department agree to termination of the current lease to accommodate management by the
port. The administration of aquatic lands covered by a
management agreement shall be consistent with the aquatic
land policies of chapters 79.90 through 79.96 RCW and the
implementing regulations adopted by the department. The
administrative procedures for management of the lands shall
be those of Title 53 RCW.
No rent shall be due the state for the use of state-owned
aquatic lands managed under this section for water-dependent or water-oriented uses. If a port district manages stateowned aquatic lands under this section and either leases or
otherwise permits any person to use such lands, the rental
fee attributable to such aquatic land only shall be comparable
to the rent charged lessees for the same or similar uses by
the department: PROVIDED, That a port district need not
itemize for the lessee any charges for state-owned aquatic
lands improved by the port district for use by carriers by
water. If a port leases state-owned aquatic lands to any
person for nonwater-dependent use, eighty-five percent of
the revenue attributable to the rent of the state-owned aquatic
land only shall be paid to the state.
Upon application for a management agreement, and so
long as the application is pending and being diligently
pursued, no rent shall be due the department for the lease by
the port district of state-owned aquatic lands included within
the application for water-dependent or water-oriented uses.
The department and representatives of the port industry
shall develop a proposed model management agreement
which shall be used as the basis for negotiating the management agreements required by this section. The model
management agreement shall be reviewed and approved by
the board of natural resources. [1984 c 221 § 6.]
79.90.480 Determination of annual rent rates for
lease of aquatic lands for water-dependent uses—Marina
leases. Except as otherwise provided by this chapter, annual
rent rates for the lease of state-owned aquatic lands for water-dependent uses shall be determined as follows:
(1)(a) The assessed land value, exclusive of improvements, as determined by the county assessor, of the upland
tax parcel used in conjunction with the leased area or, if
there are no such uplands, of the nearest upland tax parcel
used for water-dependent purposes divided by the parcel area
equals the upland value.
[Title 79 RCW—page 85]
79.90.480
Title 79 RCW: Public Lands
(b) The upland value times the area of leased aquatic
lands times thirty percent equals the aquatic land value.
(2) As of July 1, 1989, and each July 1 thereafter, the
department shall determine the real capitalization rate to be
applied to water-dependent aquatic land leases commencing
or being adjusted under subsection (3)(a) of this section in
that fiscal year. The real capitalization rate shall be the real
rate of return, except that until June 30, 1989, the real capitalization rate shall be five percent and thereafter it shall not
change by more than one percentage point in any one year
or be more than seven percent or less than three percent.
(3) The annual rent shall be:
(a) Determined initially, and redetermined every four
years or as otherwise provided in the lease, by multiplying
the aquatic land value times the real capitalization rate; and
(b) Adjusted by the inflation rate each year in which the
rent is not determined under subsection (3)(a) of this section.
(4) If the upland parcel used in conjunction with the
leased area is not assessed or has an assessed value inconsistent with the purposes of the lease, the nearest comparable
upland parcel used for similar purposes shall be substituted
and the lease payment determined in the same manner as
provided in this section.
(5) For the purposes of this section, "upland tax parcel"
is a tax parcel, some portion of which has upland characteristics. Filled tidelands or shorelands with upland characteristics which abut state-owned aquatic land shall be considered
as uplands in determining aquatic land values.
(6) The annual rent for filled state-owned aquatic lands
that have the characteristics of uplands shall be determined
in accordance with RCW 79.90.500 in those cases in which
the state owns the fill and has a right to charge for the fill.
(7) For leases for marina uses only, beginning on June
11, 1998, the annual rental rates in effect on December 31,
1997, shall remain in effect until July 1, 1999, at which time
the annual water-dependent rent shall be determined by the
method in effect at that time. In order to be eligible for the
rate to remain at this level, a marina lease must be in good
standing, meaning that the lessee must be current with
payment of rent, the lease not expired or in approved
holdover status, and the lessee not in breach of other terms
of the agreement.
(8) For all new leases for marinas, or any other waterdependent use, issued after December 31, 1997, the initial
annual water-dependent rent shall be determined by the
methods in subsections (1) through (6) of this section. [1998
c 185 § 2; 1984 c 221 § 7.]
Findings—Report—1998 c 185: "(1) The legislature finds that the
current method for determining water-dependent rental rates for aquatic land
leases may not be achieving the management goals in RCW 79.90.455. The
current method for setting rental rates, as well as alternatives to the current
methods, should be evaluated in light of achieving management goals for
aquatic lands leases. The legislature further finds that there should be no
further increases in water-dependent rental rates for marina leases before the
completion of this evaluation.
(2) The department of natural resources shall study and prepare a
report to the legislature on alternatives to the current method for determination of water-dependent rent set forth in RCW 79.90.480. The report shall
be prepared with the assistance of appropriate outside economic expertise
and stakeholder involvement. Affected stakeholders shall participate with
the department by providing information necessary to complete this study.
For each alternative, the report shall:
(a) Describe each method and the costs and benefits of each;
(b) Compare each with the current method of calculating rents;
(c) Provide the private industry perspective;
[Title 79 RCW—page 86]
(d) Describe the public perspective;
(e) Analyze the impact on state lease revenue;
(f) Evaluate the impacts of water-dependent rates on economic
development in economically distressed counties; and
(g) Evaluate the ease of administration.
(3) The report shall be presented to the legislature by November 1,
1998, with the recommendations of the department clearly identified. The
department’s recommendations shall include draft legislation as necessary
for implementation of its recommendations." [1998 c 185 § 1.]
79.90.485 Log storage rents. (1) Until June 30,
1989, the log storage rents per acre shall be the average
rents the log storage leases in effect on July 1, 1984, would
have had under the formula for water-dependent leases as set
out in RCW 79.90.480, except that the aquatic land values
shall be thirty percent of the assessed value of the abutting
upland parcels exclusive of improvements, if they are
assessed. If the abutting upland parcel is not assessed, the
nearest assessed upland parcel shall be used.
(2) On July 1, 1989, and every four years thereafter, the
base log storage rents established under subsection (1) of this
section shall be adjusted in proportion to the change in
average water-dependent lease rates per acre since the date
the log storage rates were last established under this section.
(3) The annual rent shall be adjusted by the inflation
rate each year in which the rent is not determined under
subsection (1) or (2) of this section.
(4) If the lease provides for seasonal use so that portions
of the leased area are available for public use without charge
part of the year, the annual rent may be discounted to reflect
such public use in accordance with rules adopted by the
board of natural resources. [1984 c 221 § 8.]
79.90.490 Rent for leases in effect October 1, 1984.
For leases in effect on October 1, 1984, the rent shall remain
at the annual rate in effect on September 30, 1984, until the
next lease anniversary date, at which time rent established
under RCW 79.90.480 or 79.90.485 shall become effective.
If the first rent amount established is an increase of more
than one hundred dollars and is more than thirty-three
percent above the rent in effect on September 30, 1984, the
annual rent shall not increase in any year by more than
thirty-three percent of the difference between the previous
rent and the rent established under RCW 79.90.480 or
79.90.485. If the first rent amount established under RCW
79.90.480 or 79.90.485 is more than thirty-three percent
below the rent in effect on September 30, 1984, the annual
rent shall not decrease in any year by more than thirty-three
percent of the difference between the previous rent and the
rent established under RCW 79.90.480 or 79.90.485.
Thereafter, notwithstanding any other provision of this title,
the annual rental established under RCW 79.90.480 or
79.90.485 shall not increase more than fifty percent in any
year.
This section applies only to leases of state-owned
aquatic lands subject to RCW 79.90.480 or 79.90.485. [1984
c 221 § 9.]
79.90.495 Rents and fees for aquatic lands used for
aquaculture production and harvesting. If state-owned
aquatic lands are used for aquaculture production or harvesting, rents and fees shall be established through competitive bidding or negotiation. [1984 c 221 § 10.]
(2002 Ed.)
Aquatic Lands—In General
79.90.500
79.90.500 Aquatic lands—Rents for nonwaterdependent uses—Rents and fees for the recovery of
mineral or geothermal resources. Leases for nonwaterdependent uses of state-owned aquatic lands shall be charged
the fair market rental value of the leased lands, determined
in accordance with appraisal techniques specified by rule.
However, rents for nonwater-dependent uses shall always be
more than the amount that would be charged as rent for a
water-dependent use of the same parcel. Rents and fees for
the mining or other recovery of mineral or geothermal
resources shall be established through competitive bidding,
negotiations, or as otherwise provided by statute. [1984 c
221 § 11.]
for the review rests with the appropriate port commission.
If the request for review is made within thirty days after the
manager’s final determination as to the rental, the lessee may
pay rent at the preceding year’s rate pending completion of
the review, and shall pay any additional rent or be entitled
to a refund, with interest thirty days after announcement of
the decision. The interest rate shall be fixed, from time to
time, by rule adopted by the board of natural resources and
shall not be less than six percent per annum. Nothing in this
section abrogates the right of an aggrieved party to pursue
legal remedies. For purposes of this section, "manager" is
the department except where state-owned aquatic lands are
managed by a port district, in which case "manager" is the
port district. [1991 c 64 § 1; 1984 c 221 § 15.]
79.90.505 Aquatic lands—Rents for multiple uses.
If water-dependent and nonwater-dependent uses occupy
separate portions of the same leased parcel of state-owned
aquatic land, the rental rate for each use shall be that established for such use by this chapter, prorated in accordance
with the proportion of the whole parcel that each use
occupies. If water-dependent and nonwater-dependent uses
occupy the same portion of a leased parcel of state-owned
aquatic land, the rental rate for such parcel shall be subject
to negotiation with the department taking into account the
proportion of the improvements each use occupies. [1984 c
221 § 12.]
79.90.525 Aquatic lands—Security for leases for
more than one year. For any lease for a term of more than
one year, the department may require that the rent be
secured by insurance, bond, or other security satisfactory to
the department in an amount not exceeding two years’ rent.
The department may require additional security for other
lease provisions. The department shall not require cash
deposits exceeding one-twelfth of the annual rental. [1984
c 221 § 16.]
79.90.510 Aquatic lands—Lease for water-dependent use—Rental for nonwater-dependent use. If a parcel
leased for water-dependent uses is used for an extended
period of time, as defined by rule of the department, for a
nonwater-dependent use, the rental for the nonwater-dependent use shall be negotiated with the department. [1984 c
221 § 13.]
79.90.515 Aquatic lands—Rent for improvements.
Except as agreed between the department and the lessee
prior to construction of the improvements, rent shall not be
charged under any lease of state-owned aquatic lands for
improvements, including fills, authorized by the department
or installed by the lessee or its predecessor before June 1,
1971, so long as the lands remain under a lease or succession of leases without a period of three years in which no
lease is in effect or a bona fide application for a lease is
pending.
If improvements were installed under a good faith belief
that a state aquatic lands lease was not necessary, rent shall
not be charged for the improvements if, within ninety days
after specific written notification by the department that a
lease is required, the owner either applies for a lease or files
suit to determine if a lease is required. [1984 c 221 § 14.]
79.90.520 Aquatic lands—Administrative review of
proposed rent. The manager shall, by rule, provide for an
administrative review of any aquatic land rent proposed to be
charged. The rules shall require that the lessee or applicant
for release file a request for review within thirty days after
the manager has notified the lessee or applicant of the rent
due. For leases issued by the department, the final authority
for the review rests with the board of natural resources. For
leases managed under RCW 79.90.475, the final authority
(2002 Ed.)
79.90.530 Aquatic lands—Payment of rent. If the
annual rent charged for the use of a parcel of state-owned
aquatic lands exceeds four thousand dollars, the lessee may
pay on a prorated quarterly basis. If the annual rent exceeds
twelve thousand dollars, the lessee may pay on a prorated
monthly basis. [1984 c 221 § 17.]
79.90.535 Aquatic lands—Interest rate. The interest
rate and all interest rate guidelines shall be fixed, from time
to time, by rule adopted by the board of natural resources
and shall not be less than six percent per annum. [1991 c 64
§ 2; 1984 c 221 § 18.]
79.90.540 Adoption of rules. The department shall
adopt such rules as are necessary to carry out the purposes
of RCW 79.90.450 through 79.90.535, specifically including
criteria for determining under RCW 79.90.480(4) when an
abutting upland parcel has been inappropriately assessed and
for determining the nearest comparable upland parcel used
for water-dependent uses. [1984 c 221 § 19.]
79.90.545 Application to existing property rights—
Application of Shoreline Management Act. Nothing in
this chapter or RCW 79.93.040 or 79.93.060 shall modify or
affect any existing legal rights involving the boundaries of,
title to, or vested property rights in aquatic lands or waterways. Nothing in this chapter shall modify, alter, or
otherwise affect the applicability of chapter 90.58 RCW.
[1984 c 221 § 20.]
79.90.550 Aquatic land disposal sites—Legislative
findings. The legislature finds that the department of natural
resources provides, manages, and monitors aquatic land
disposal sites on state-owned aquatic lands for materials
dredged from rivers, harbors, and shipping lanes. These
[Title 79 RCW—page 87]
79.90.550
Title 79 RCW: Public Lands
disposal sites are approved through a cooperative planning
process by the departments of natural resources and ecology,
the United States corps of engineers, and the United States
environmental protection agency in cooperation with the
*Puget Sound water quality authority. These disposal sites
are essential to the commerce and well being of the citizens
of the state of Washington. Management and environmental
monitoring of these sites are necessary to protect environmental quality and to assure appropriate use of state-owned
aquatic lands. The creation of an aquatic land dredged
material disposal site account is a reasonable means to
enable and facilitate proper management and environmental
monitoring of these disposal sites. [1987 c 259 § 1.]
*Reviser’s note: The Puget Sound water quality authority and its
powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were
terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§
11 and 12. Powers, duties, and functions of the Puget Sound water quality
authority pertaining to cleanup and protection of Puget Sound transferred to
the Puget Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
Effective date—1987 c 259: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect on July
1, 1987." [1987 c 259 § 5.]
79.90.555 Aquatic land dredged material disposal
site account. The aquatic land dredged material disposal
site account is hereby established in the state treasury. The
account shall consist of funds appropriated to the account;
funds transferred or paid to the account pursuant to settlements; court or administrative agency orders or judgments;
gifts and grants to the account; and all funds received by the
department of natural resources from users of aquatic land
dredged material disposal sites. After appropriation, moneys
in the fund may be spent only for the management and environmental monitoring of aquatic land dredged material
disposal sites. The account is subject to the allotment
procedure provided under chapter 43.88 RCW. [1991 sp.s.
c 13 § 63; 1987 c 259 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1987 c 259: See note following RCW 79.90.550.
79.90.560 Fees for use of aquatic land dredged
material disposal sites authorized. The department of
natural resources shall, from time to time, estimate the costs
of site management and environmental monitoring at aquatic
land dredged material disposal sites and may, by rule,
establish fees for use of such sites in amounts no greater
than necessary to cover the estimated costs. All such
revenues shall be placed in the aquatic land dredged material
disposal site account under RCW 79.90.555. [1987 c 259 §
3.]
Effective date—1987 c 259: See note following RCW 79.90.550.
79.90.565 Archaeological activities on state-owned
aquatic lands—Agreements, leases, or other conveyances.
After consultation with the director of community, trade, and
economic development, the department of natural resources
may enter into agreements, leases, or other conveyances for
archaeological activities on state-owned aquatic lands. Such
agreements, leases, or other conveyances may contain such
conditions as are required for the department of natural
[Title 79 RCW—page 88]
resources to comply with its legal rights and duties. All
such agreements, leases, or other conveyances, shall be
issued in accordance with the terms of chapters 79.90
through 79.96 RCW. [1995 c 399 § 210; 1988 c 124 § 9.]
Severability—Intent—Application—1988 c 124: See RCW
27.53.901 and notes following RCW 27.53.030.
79.90.570 Bush act/Callow act lands. (1) A person
in possession of real property conveyed by the state of
Washington pursuant to the authority of chapter 24, Laws of
1895 (Bush act) or chapter 25, Laws of 1895 (Callow act),
wherein such lands are subject to a possibility of reversion,
shall heretofore have and are granted the further right to use
all of the property for the purpose of cultivating and propagating clams and any shellfish.
(2) The rights granted under subsection (1) of this
section do not include the right to use subtidal portions of
Bush act and Callow act lands for the harvest and cultivation
of any species of shellfish that had not commenced prior to
December 31, 2001.
(3) For the purposes of this section, harvest and cultivation of any species of shellfish shall not be deemed to have
commenced unless the subtidal portions of the land had been
planted with that species of shellfish prior to December 31,
2001.
(4) No vested rights in shellfish cultivation may be
impaired by any of the provisions of chapter 123, Laws of
2002, nor is anything other than what is stated in subsection
(2) of this section intended to grant any further rights in the
subtidal lands than what was originally included under the
intent of the Bush and Callow acts. [2002 c 123 § 2.]
Findings—2002 c 123: "The legislature declares that shellfish
farming provides a consistent source of quality food, offers opportunities of
new jobs, increases farm income stability, and improves balance of trade.
The legislature also finds that many areas of the state of Washington are
scientifically and biologically suitable for shellfish farming, and therefore
the legislature has encouraged and promoted shellfish farming activities,
programs, and development with the same status as other agricultural
activities, programs, and development within the state. It being the policy
of this state to encourage the development and expansion of shellfish
farming within the state and to promote the development of a diverse
shellfish farming industry, the legislature finds that the uncertainty
surrounding reversionary clauses contained in Bush act and Callow act
deeds is interfering with this policy. The legislature finds that uncertainty
of the grant of rights for the claim and other shellfish culture as contained
in chapter 166, Laws of 1919 must be fully and finally resolved. It is not
the intent of this act to impair any vested rights in shellfish cultivation or
current shellfish aquaculture activities to which holders of Bush act and
Callow act lands are entitled." [2002 c 123 § 1.]
79.90.575 Charge for term of easement—Recovery
of costs. (1) Until July 1, 2008, the charge for the term of
an easement granted under RCW 79.90.470(2) will be
determined as follows and will be paid in advance upon
grant of the easement:
(a) Five thousand dollars for individual easement
crossings that are no longer than one mile in length;
(b) Twelve thousand five hundred dollars for individual
easement crossings that are more than one mile but less than
five miles in length; or
(c) Twenty thousand dollars for individual easement
crossings that are five miles or more in length.
(2) The charge for easements under subsection (1) of
this section must be adjusted annually by the rate of yearly
(2002 Ed.)
Aquatic Lands—In General
increase in the most recently published consumer price
index, all urban consumers, for the Seattle-Everett SMSA,
over the consumer price index for the preceding year, as
compiled by the bureau of labor statistics, United States
department of labor for the state of Washington rounded up
to the nearest fifty dollars.
(3) The term of the easement is thirty years.
(4) In addition to the charge for the easement under
subsection (1) of this section, the department may recover its
reasonable direct administrative costs incurred in receiving
an application for the easement, approving the easement, and
reviewing plans for and construction of the public utility
lines. For the purposes of this subsection, "direct administrative costs" means the cost of hours worked directly on an
application, based on salaries and benefits, plus travel
reimbursement and other actual out-of-pocket costs. Direct
administrative costs recovered by the department must be
deposited into the resource management cost account.
(5) Applicants under RCW 79.90.470(2) providing a
residence with an individual service connection for electrical,
natural gas, cable television, or telecommunications service
are not required to pay the charge for the easement under
subsection (1) of this section but shall pay administrative
costs under subsection (4) of this section.
(6) A final decision on applications for an easement
must be made within one hundred twenty days after the
department receives the completed application and after all
applicable regulatory permits for the aquatic easement have
been acquired. This subsection applies to applications
submitted before June 13, 2002, as well as to applications
submitted on or after June 13, 2002. Upon request of the
applicant, the department may reach a decision on an
application within sixty days and charge an additional fee for
an expedited processing. The fee for an expedited processing is the greater of: (a) Ten percent of the combined total
of the easement charge and direct administrative costs; or (b)
the cost of staff overtime, calculated at time and one-half,
associated with the expedited processing. [2002 c 152 § 3.]
Findings—2002 c 152: "The legislature finds that local public
utilities provide essential services to all of the residents of the state and that
the construction and improvement of local utility infrastructure is critical to
the public health, safety, and welfare, community and economic development, and installation of modern and reliable communication and energy
technology. The legislature further finds that local utility lines must cross
state-owned aquatic lands in order to reach all state residents and that, for
the benefit of such residents, the state should permit the crossings,
consistent with all applicable state environmental laws, in a nondiscriminatory, economic, and timely manner. The legislature further finds that this
act and the valuation methodology in section 3 of this act applies only to
the uses listed in section 2 of this act, and does not establish a precedent for
valuation for any other uses on state-owned aquatic lands." [2002 c 152 §
1.]
Severability—2002 c 152: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 152 § 4.]
79.90.900 Savings—Captions—Severability—
Effective dates—1982 1st ex.s. c 21. See RCW 79.96.901
through 79.96.905.
79.90.901 Severability—1984 c 221. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
(2002 Ed.)
79.90.575
the provision to other persons or circumstances is not
affected. [1984 c 221 § 31.]
79.90.902 Effective date—1984 c 221. This act shall
take effect on October 1, 1984. [1984 c 221 § 32.]
Chapter 79.91
AQUATIC LANDS—EASEMENTS
AND RIGHTS OF WAY
Sections
79.91.010
79.91.020
79.91.030
79.91.040
79.91.050
79.91.060
79.91.070
79.91.080
79.91.090
79.91.100
79.91.110
79.91.120
79.91.130
79.91.140
79.91.150
79.91.160
79.91.170
79.91.180
79.91.190
79.91.200
79.91.210
79.91.900
Certain aquatic lands subject to easements for removal of
valuable materials.
Certain aquatic lands subject to easements for removal of
valuable materials—Private easements subject to common use in removal of valuable materials.
Certain state and aquatic lands subject to easements for
removal of valuable materials—Reasonable facilities and
service for transporting must be furnished.
Certain state and aquatic lands subject to easements for
removal of valuable materials—Duty of utilities and
transportation commission.
Certain state and aquatic lands subject to easements for
removal of valuable materials—Penalty for violation of
orders.
Certain state and aquatic lands subject to easements for
removal of valuable materials—Application for right of
way.
Certain state and aquatic lands subject to easements for
removal of valuable materials—Forfeiture for nonuser.
United States of America, state agency, county, or city right
of way for roads and streets over, and wharves over and
upon aquatic lands.
Railroad bridge rights of way across navigable streams.
Public bridges or trestles across waterways and aquatic
lands.
Common carriers may bridge or trestle state waterways.
Location and plans of bridge or trestle to be approved—
Future alterations.
Right of way for utility pipelines, transmission lines, etc.
Right of way for utility pipelines, transmission lines, etc.—
Procedure to acquire.
Right of way for utility pipelines, transmission lines, etc.—
Appraisal—Certificate—Reversion for nonuser.
Right of way for irrigation, diking, and drainage purposes.
Right of way for irrigation, diking, and drainage purposes—
Procedure to acquire.
Right of way for irrigation, diking, and drainage purposes—
Appraisal—Certificate.
Grant of overflow rights.
Construction of RCW 79.91.010 through 79.91.190 relating
to rights of way and overflow rights.
Grant of such easements and rights of way as applicant may
acquire in private lands by eminent domain.
Savings—Captions—Severability—Effective dates—1982
1st ex.s. c 21.
79.91.010 Certain aquatic lands subject to easements for removal of valuable materials. All tide and
shore lands originally belonging to the state, and which were
granted, sold or leased at any time after June 15, 1911, and
which contain any valuable materials or are contiguous to or
in proximity of state lands or other tide or shore lands which
contain any valuable materials, shall be subject to the right
of the state or any grantee or lessee thereof who has acquired such other lands, or any valuable materials thereon,
after June 15, 1911, to acquire the right of way over such
lands so granted, sold or leased, for private railroads, skid
roads, flumes, canals, watercourses or other easements for
[Title 79 RCW—page 89]
79.91.010
Title 79 RCW: Public Lands
the purpose of, and to be used in, transporting and moving
such valuable materials from such other lands, over and
across the lands so granted or leased in accordance with the
provisions of RCW 79.01.312. [1982 1st ex.s. c 21 § 48.]
79.91.020 Certain aquatic lands subject to easements for removal of valuable materials—Private easements subject to common use in removal of valuable
materials. Every right of way for a private railroad, skid
road, canal, flume, or watercourse, or other easement, over
and across any tide or shore lands belonging to the state, for
the purpose of, and to be used in, transporting and moving
valuable materials of the land, granted after June 15, 1911,
shall be subject to joint and common use in accordance with
the provisions of RCW 79.01.316. [1982 1st ex.s. c 21 §
49.]
79.91.030 Certain state and aquatic lands subject to
easements for removal of valuable materials—Reasonable
facilities and service for transporting must be furnished.
Any person having acquired a right of way or easement as
provided in RCW 79.91.010 and 79.91.020 over any tidelands or shorelands belonging to the state or over or across
beds of any navigable water or stream for the purpose of
transporting or moving valuable materials and being engaged
in such business, or any grantee or lessee thereof acquiring
after June 15, 1911, state lands or tide or shore lands
containing valuable materials, where said land is contiguous
to or in proximity of such right of way or easement, shall
accord to the state or any person acquiring after June 15,
1911, valuable materials upon any such lands, proper and
reasonable facilities and service for transporting and moving
such valuable materials under reasonable rules and regulations and upon payment of just and reasonable charges
thereof in accordance with the provisions of RCW 79.01.320.
[1982 1st ex.s. c 21 § 50.]
79.91.040 Certain state and aquatic lands subject to
easements for removal of valuable materials—Duty of
utilities and transportation commission. Should the owner
or operator of any private railroad, skid road, flume, canal,
watercourse or other right of way or easement provided for
in RCW 79.91.020 and 79.91.030 fail to agree with the state
or any grantee or lessee thereof, as to the reasonable and
proper rules, regulations, and charges, concerning the
transportation and movement of valuable materials from
those lands contiguous to or in proximity to the lands over
which such private right of way or easement is operated, the
state or any grantee or lessee thereof, owning and desiring
to have such valuable materials transported or moved, may
apply to the Washington state utilities and transportation
commission for an inquiry into the reasonableness of the
rules and regulations, investigate the same, and make such
binding reasonable, proper and just rates and regulations in
accordance with the provisions of RCW 79.01.324. [1982
1st ex.s. c 21 § 51.]
79.91.050 Certain state and aquatic lands subject to
easements for removal of valuable materials—Penalty for
violation of orders. Any person owning or operating any
right of way or easement subject to the provisions of RCW
[Title 79 RCW—page 90]
79.91.020 through 79.91.040, over and across any tidelands
or shorelands belonging to the state or across any beds of
navigable waters, and violating or failing to comply with any
rule, regulation, or order made by the utilities and transportation commission, after inquiry, investigation, and a hearing
as provided in RCW 79.91.040, shall be subject to the same
penalties provided in RCW 79.01.328. [1982 1st ex.s. c 21
§ 52.]
79.91.060 Certain state and aquatic lands subject to
easements for removal of valuable materials—Application
for right of way. Any person engaged in the business of
logging or lumbering, quarrying, mining, or removing sand,
gravel, or other valuable materials from land, and desirous
of obtaining a right of way or easement provided for in
RCW 79.91.010 through 79.91.030 over and across any tide
or shore lands belonging to the state, or beds of navigable
waters or any such lands sold or leased by the state since
June 15, 1911, shall file with the department of natural
resources upon a form to be furnished for that purpose, a
written application for such right of way in accordance with
the provisions of RCW 79.01.332. [1982 1st ex.s. c 21 §
53.]
79.91.070 Certain state and aquatic lands subject to
easements for removal of valuable materials—Forfeiture
for nonuser. Any such right of way or easement granted
under the provisions of RCW 79.91.010 through 79.91.030
which has never been used, or for a period of two years has
ceased to be used for the purpose for which it was granted,
shall be deemed forfeited. The forfeiture of any such right
of way heretofore granted or granted under the provisions of
RCW 79.91.010 through 79.91.030, shall be rendered
effective by the mailing of a notice of such forfeiture to the
grantee thereof at his last known post office address and by
posting a copy of such certificate, or other record of the
grant, in the office of the commissioner of public lands with
the word "canceled" and the date of such cancellation.
[1982 1st ex.s. c 21 § 54.]
79.91.080 United States of America, state agency,
county, or city right of way for roads and streets over,
and wharves over and upon aquatic lands. Any county or
city or the United States of America or any state agency
desiring to locate, establish, and construct a road or street
over and across any aquatic lands, or wharf over any tide or
shore lands, belonging to the state, shall by resolution of the
legislative body of such county, or city council or other governing body of such city, or proper agency of the United
States of America or state agency, cause to be filed with the
department of natural resources a petition for a right of way
for such road or street or wharf in accordance with the
provisions of RCW 79.01.340.
The department may grant the petition if it deems it in
the best interest of the state and upon payment for such right
of way and any damages to the affected aquatic lands.
[1982 1st ex.s. c 21 § 55.]
79.91.090 Railroad bridge rights of way across
navigable streams. Any railroad company heretofore or
hereafter organized under the laws of the territory or state of
(2002 Ed.)
Aquatic Lands—Easements and Rights of Way
Washington, or under any other state or territory of the
United States, or under any act of the congress of the United
States, and authorized to do business in the state and to
construct and operate railroads therein, shall have the right
to construct bridges across the navigable streams within this
state over which the line or lines of its railway shall run for
the purpose of being made a part of said railway line, or for
the more convenient use thereof, if said bridges are so
constructed as not to interfere with, impede, or obstruct
navigation on such streams: PROVIDED, That payment for
any such right of way and any damages to those aquatic
lands affected be first paid. [1982 1st ex.s. c 21 § 56.]
79.91.100 Public bridges or trestles across waterways and aquatic lands. Counties, cities, towns, and other
municipalities shall have the right to construct bridges and
trestles across waterways heretofore or hereafter laid out
under the authority of the state of Washington, and over and
across any tide or shore lands and harbor areas of the state
adjacent thereto over which the projected line or lines of
highway will run, if such bridges or trestles are constructed
in good faith for the purpose of being made a part of the
constructed line of such a highway, upon payment for any
such right of way and upon payment for any damages to
those aquatic lands affected. [1982 1st ex.s. c 21 § 57.]
79.91.110 Common carriers may bridge or trestle
state waterways. Any person authorized by any state or
municipal law or ordinance to construct and operate railroads, interurban railroads or street railroads as common
carriers within this state, shall have the right to construct
bridges or trestles across waterways laid out under the
authority of the state of Washington, over which the projected line or lines of railroad will run. The bridges or trestles
shall be constructed in good faith for the purpose of being
made a part of the constructed line of such railroad, and may
also include a roadway for the accommodation of vehicles
and foot passengers. Full payment for any such right of way
and any damages to those aquatic lands affected by the right
of way shall first be made. [1982 1st ex.s. c 21 § 58.]
79.91.120 Location and plans of bridge or trestle to
be approved—Future alterations. The location and plans
of any bridge, draw bridge, or trestle proposed to be constructed under RCW 79.91.090 through 79.91.110 shall be
submitted to and approved by the department of natural
resources before construction is commenced: PROVIDED,
That in case the portion of such waterway, river, stream, or
watercourse, at the place to be so crossed is navigable water
of the United States, or otherwise within the jurisdiction of
the United States, such location and plans shall also be
submitted to and approved by the United States Corps of
Engineers before construction is commenced. When plans
for any bridge or trestle have been approved by the department of natural resources and the United States Corps of
Engineers, it shall be unlawful to deviate from such plans
either before or after the completion of such structure, unless
the modification of such plans has previously been submitted
to, and received the approval of the department of natural
resources and the United States Corps of Engineers, as the
case may be. Any structure hereby authorized and approved
(2002 Ed.)
79.91.090
as indicated in this section shall remain within the jurisdiction of the respective officer or officers approving the
same, and shall be altered or changed from time to time at
the expense of the municipality owning the highway, or at
the expense of the common carriers, at the time owning the
railway or road using such structure, to meet the necessities
of navigation and commerce in such manner as may be from
time to time ordered by the respective officer or officers at
such time having jurisdiction of the same, and such orders
may be enforced by appropriate action at law or in equity at
the suit of the state. [1982 1st ex.s. c 21 § 59.]
79.91.130 Right of way for utility pipelines, transmission lines, etc. A right of way through, over and across
any tidelands, shorelands, beds of navigable waters, oyster
reserves belonging to the state, or the reversionary interest
of the state in oyster lands may be granted to any person or
the United States of America, constructing or proposing to
construct, or which has heretofore constructed, any telephone
line, ditch, flume, or pipeline for the domestic water supply
of any municipal corporation or transmission line for the
purpose of generating or transmitting electricity for light,
heat or power. [1982 1st ex.s. c 21 § 60.]
79.91.140 Right of way for utility pipelines, transmission lines, etc.—Procedure to acquire. In order to
obtain the benefits of the grant made in RCW 79.91.130, the
person or the United States of America constructing or
proposing to construct, or which has heretofore constructed,
such telephone line, ditch, flume, pipeline, or transmission
line, shall file, with the department of natural resources, a
map accompanied by the field notes of the survey and
location of such telephone line, ditch, flume, pipeline, or
transmission line, and shall make payment therefor as
provided in RCW 79.91.150. The land within the right of
way shall be limited to an amount necessary for the construction of said telephone line, ditch, flume, pipeline, or
transmission line sufficient for the purposes required,
together with sufficient land on either side thereof for ingress
and egress to maintain and repair the same. The grant shall
also include the right to cut all standing timber outside the
right of way marked as danger trees located on public lands
upon full payment of the appraised value thereof. [1982 1st
ex.s. c 21 § 61.]
79.91.150 Right of way for utility pipelines, transmission lines, etc.—Appraisal—Certificate—Reversion for
nonuser. On the filing of the plat and field notes, as
provided in RCW 79.91.140, the land applied for and any
improvements included in the right of way applied for, if
any, shall be appraised as in the case of an application to
purchase state lands. Upon full payment of the appraised
value of the aquatic land applied for, or upon payment of an
annual rental when the department of natural resources
deems a rental to be in the best interests of the state, and
upon full payment of the appraised value of any danger trees
and improvements, if any, the department shall issue to the
applicant a certificate of the grant of such right of way
stating the terms and conditions thereof and shall enter the
same in the abstracts and records in the office of the commissioner of public lands, and thereafter any sale or lease of
[Title 79 RCW—page 91]
79.91.150
Title 79 RCW: Public Lands
the lands affected by such right of way shall be subject to
the easement of such right of way: PROVIDED, That
should the person or the United States of America securing
such right of way ever abandon the use of the same for the
purposes for which it was granted, the right of way shall
revert to the state, or the state’s grantee. [1982 1st ex.s. c
21 § 62.]
79.91.160 Right of way for irrigation, diking, and
drainage purposes. A right of way through, over, and
across any tide or shore lands belonging to the state is
hereby granted to any irrigation district, or irrigation company duly organized under the laws of this state, and to any
person, or the United States of America, constructing or
proposing to construct an irrigation ditch or pipeline for
irrigation, or to any diking and drainage district or any
diking and drainage improvement district proposing to
construct a dike or drainage ditch. [1982 1st ex.s. c 21 §
63.]
79.91.170 Right of way for irrigation, diking, and
drainage purposes—Procedure to acquire. In order to
obtain the benefits of the grant provided for in RCW
79.91.160, the irrigation district, irrigation company, person,
or the United States of America, constructing or proposing
to construct such irrigation ditch or pipeline for irrigation, or
the diking and drainage district or diking and drainage
improvement district constructing or proposing to construct
any dike or drainage ditch, shall file with the department of
natural resources a map accompanied by the field notes of
the survey and location of the proposed irrigation ditch,
pipeline, dike, or drainage ditch, and shall pay to the state as
provided in RCW 79.91.180, the amount of the appraised
value of the said lands used for or included within such right
of way. The land within such right of way shall be limited
to an amount necessary for the construction of the irrigation
ditch, pipeline, dike, or drainage ditch for the purposes
required, together with sufficient land on either side thereof
for ingress and egress to maintain and repair the same.
[1982 1st ex.s. c 21 § 64.]
79.91.180 Right of way for irrigation, diking, and
drainage purposes—Appraisal—Certificate. Upon the
filing of the plat and field notes as in RCW 79.91.170, the
lands included within the right of way applied for shall be
appraised as in the case of an application to purchase such
lands, at full market value thereof. Upon full payment of the
appraised value of the lands the department of natural
resources shall issue to the applicant a certificate of right of
way, and enter the same in the records in the office of the
commissioner of public lands and thereafter any sale or lease
by the state of the lands affected by such right of way shall
be subject thereto. [1982 1st ex.s. c 21 § 65.]
79.91.190 Grant of overflow rights. The department
of natural resources shall have the power and authority to
grant to any person, the right, privilege, and authority to
perpetually back and hold water upon or over any stateowned tidelands or shorelands, and to overflow and inundate
the same, whenever the department shall deem it necessary
for the purpose of erecting, constructing, maintaining, or
[Title 79 RCW—page 92]
operating any water power plant, reservoir, or works for
impounding water for power purposes, irrigation, mining, or
other public use in accordance with the provisions of RCW
79.01.408. [1982 1st ex.s. c 21 § 66.]
79.91.200 Construction of RCW 79.91.010 through
79.91.190 relating to rights of way and overflow rights.
RCW 79.91.010 through 79.91.190, relating to the acquiring
of rights of way and overflow rights through, over, and
across aquatic lands belonging to the state, shall not be
construed as exclusive or as affecting the right of municipal
and public service corporations to acquire lands belonging to
or under the control of the state, or rights of way or other
rights thereover, by condemnation proceedings. [1982 1st
ex.s. c 21 § 67.]
79.91.210 Grant of such easements and rights of
way as applicant may acquire in private lands by eminent domain. The department of natural resources may
grant to any person such easements and rights in tidelands
and shorelands and oyster reserves owned by the state as the
applicant may acquire in privately or publicly owned lands
through proceedings in eminent domain in accordance with
the provisions of RCW 79.01.414. [1982 1st ex.s. c 21 §
68.]
79.91.900 Savings—Captions—Severability—
Effective dates—1982 1st ex.s. c 21. See RCW 79.96.901
through 79.96.905.
Chapter 79.92
AQUATIC LANDS—HARBOR AREAS
Sections
79.92.010
79.92.020
79.92.030
79.92.035
79.92.060
79.92.070
79.92.080
79.92.090
79.92.100
79.92.110
79.92.900
Harbor lines and areas to be established.
Relocation of harbor lines by the harbor line commission.
Relocation of harbor lines authorized by legislature.
Modification of harbor lines in Port Gardner Bay.
Terms of harbor area leases.
Construction or extension of docks, wharves, etc., in harbor
areas—New lease.
Re-leases of harbor areas.
Procedure to re-lease harbor areas.
Regulation of wharfage, dockage, and other tolls.
Harbor areas and tidelands within towns—Distribution of
rents to municipal authorities.
Savings—Captions—Severability—Effective dates—1982
1st ex.s. c 21.
79.92.010 Harbor lines and areas to be established.
It shall be the duty of the board of natural resources acting
as the harbor line commission to locate and establish harbor
lines and determine harbor areas, as required by section 1 of
Article XV of the state Constitution, where such harbor lines
and harbor areas have not heretofore been located and
established. [1982 1st ex.s. c 21 § 69.]
79.92.020 Relocation of harbor lines by the harbor
line commission. Whenever it appears that the inner harbor
line of any harbor area heretofore determined has been so
established as to overlap or fall inside the government
meander line, or for any other good cause, the board of
(2002 Ed.)
Aquatic Lands—Harbor Areas
natural resources acting as the harbor line commission is
empowered to relocate and reestablish said inner harbor line
so erroneously established, outside of the meander line. All
tidelands or shorelands within said inner harbor line so
reestablished and relocated, shall belong to the state and may
be sold or leased as other tidelands or shorelands of the first
class in accordance with the provisions of RCW 79.94.150:
PROVIDED, That in all other cases, authority to relocate the
inner harbor line or outer harbor line, or both, shall first be
obtained from the legislature. [1982 1st ex.s. c 21 § 70.]
79.92.030 Relocation of harbor lines authorized by
legislature. The commission on harbor lines is hereby
authorized to change, relocate, or reestablish harbor lines in
Guemes Channel and Fidalgo Bay in front of the city of
Anacortes, Skagit county; in Grays Harbor in front of the
cities of Aberdeen, Hoquiam, and Cosmopolis, Grays Harbor
county; Bellingham Bay in front of the city of Bellingham,
Whatcom county; in Elliott Bay, Puget Sound and Lake
Union within, and in front of the city of Seattle, King
county, and within one mile of the limits of such city; Port
Angeles harbor in front of the city of Port Angeles, Clallam
county; in Lake Washington in front of the cities of Renton
and Lake Forest Park, King county; Commencement Bay in
front of the city of Tacoma, Pierce county; and within one
mile of the limits of such city; Budd Inlet in front of the city
of Olympia, Thurston county; the Columbia river in front of
the city of Kalama, Cowlitz county; Port Washington
Narrows and Sinclair Inlet in front of the city of Bremerton,
Kitsap county; Sinclair Inlet in front of the city of Port
Orchard, Kitsap county; in Liberty Bay in front of the city
of Poulsbo, King county; the Columbia river in front of the
city of Vancouver, Clark county; Port Townsend Bay in
front of the city of Port Townsend, Jefferson county; the
Swinomish Channel in front of the city of La Conner, Skagit
county; and Port Gardner Bay in front of the city of Everett,
Snohomish county, except no harbor lines shall be established west of the easterly shoreline of Jetty Island as
presently situated or west of a line extending S 37° 09’ 38"
W from the Snohomish River Light (5); in Oakland Bay in
front of the city of Shelton, Mason county; and within one
mile of the limits of such city; in Gig Harbor in front of the
city of Gig Harbor, Pierce county; and within one mile of
the limits of such city. [1989 c 79 § 1; 1982 1st ex.s. c 21
§ 71.]
79.92.035 Modification of harbor lines in Port
Gardner Bay. The harbor line commission shall modify
harbor lines in Port Gardner Bay as necessary to facilitate
the conveyance through exchange authorized in RCW
79.94.450. [1987 c 271 § 5.]
Severability—1987 c 271: See note following RCW 79.95.050.
79.92.060 Terms of harbor area leases. Applications, leases, and bonds of lessees shall be in such form as
the department of natural resources shall prescribe. Every
lease shall provide that the rental shall be payable to the
department, and for cancellation by the department upon
sixty days’ written notice for any breach of the conditions
thereof. Every lessee shall furnish a bond, with surety
satisfactory to the department, with such penalty as the
(2002 Ed.)
79.92.020
department may prescribe, but not less than five hundred
dollars, conditioned upon the faithful performance of the
terms of the lease and the payment of the rent when due. If
the department shall at any time deem any bond insufficient,
it may require the lessee to file a new and sufficient bond
within thirty days after receiving notice to do so.
Applications for leases of harbor areas upon tidal waters
shall be accompanied by such plans and drawings and other
data concerning the proposed wharves, docks, or other
structures or improvements thereof as the department shall
require. Every lease of harbor areas shall provide that,
wharves, docks, or other conveniences of navigation and
commerce adequate for the public needs, to be specified in
such lease, shall be constructed within such time as may be
fixed in each case by the department. In no case shall the
construction be commenced more than two years from the
date of such lease and shall be completed within such
reasonable time as the department shall fix, any of which
times may be extended by the department either before or
after their expiration, and the character of the improvements
may be changed either before or after completion with the
approval of the department: PROVIDED, That if in its
opinion improvements existing upon such harbor area or the
tidelands adjacent thereto are adequate for public needs of
commerce and navigation, the department shall require the
maintenance of such existing improvements and need not
require further improvements. [1982 1st ex.s. c 21 § 74.]
79.92.070 Construction or extension of docks,
wharves, etc., in harbor areas—New lease. If the owner
of any harbor area lease upon tidal waters shall desire to
construct thereon any wharf, dock, or other convenience of
navigation or commerce, or to extend, enlarge, or substantially improve any existing structure used in connection with
such harbor area, and shall deem the required expenditure
not warranted by his or her right to occupy such harbor area
during the remainder of the term of his or her lease, the
lease owner may make application to the department of
natural resources for a new lease of such harbor area for a
period not exceeding thirty years. Upon the filing of such
application accompanied by such proper plans, drawings or
other data, the department shall forthwith investigate the
same and if it shall determine that the proposed work or
improvement is in the public interest and reasonably adequate for the public needs, it shall by order fix the terms and
conditions and the rate of rental for such new lease, such
rate of rental shall be a fixed percentage, during the term of
such lease, on the true and fair value in money of such
harbor area determined from time to time by the department.
The department may propose modifications of the proposed
wharf, dock, or other convenience or extensions, enlargements, or improvements thereon. The department shall,
within ninety days from the filing of such application notify
the applicant in writing of the terms and conditions upon
which such new lease will be granted, and of the rental to be
paid, and if the applicant shall within ninety days thereafter
elect to accept a new lease of such harbor area upon the
terms and conditions, and at the rental prescribed by the department, the department shall make a new lease for such
harbor area for the term applied for and the existing lease
[Title 79 RCW—page 93]
79.92.070
Title 79 RCW: Public Lands
shall thereupon be surrendered and canceled. [2000 c 11 §
27; 1982 1st ex.s. c 21 § 75.]
79.92.080 Re-leases of harbor areas. Upon the
expiration of any harbor area lease upon tidal waters
hereafter expiring, the owner thereof may apply for a release of such harbor area for a period not exceeding thirty
years. Such application shall be accompanied with maps
showing the existing improvements upon such harbor area
and the tidelands adjacent thereto and with proper plans,
drawings, and other data showing any proposed extensions
or improvements of existing structures. Upon the filing of
such application the department of natural resources shall
forthwith investigate the same and if it shall determine that
the character of the wharves, docks or other conveniences of
commerce and navigation are reasonably adequate for the
public needs and in the public interest, it shall by order fix
and determine the terms and conditions upon which such release shall be granted and the rate of rental to be paid, which
rate shall be a fixed percentage during the term of such lease
on the true and fair value in money of such harbor area as
determined from time to time by the department of natural
resources. [2000 c 11 § 28; 1982 1st ex.s. c 21 § 76.]
79.92.090 Procedure to re-lease harbor areas. Upon
completion of the valuation of any tract of harbor area
applied for under RCW 79.92.080, the department of natural
resources shall notify the applicant of the terms and conditions upon which the re-lease will be granted and of the
rental fixed. The applicant or his successor in interest shall
have the option for the period of sixty days from the date of
the service of notice in which to accept a lease on the terms
and conditions and at the rental so fixed and determined by
the department. If the terms and conditions and rental are
accepted a new lease shall be granted for the term applied
for. If the terms and conditions are not accepted by the
applicant within the period of time, or within such further
time, not exceeding three months, as the department shall
grant, the same shall be deemed rejected by the applicant,
and the department shall give eight weeks’ notice by publication once a week in one or more newspapers of general
circulation in the county in which the harbor area is located,
that a lease of the harbor area will be sold on such terms and
conditions and at such rental, at a time and place specified
in the notice (which shall not be more than three months
from the date of the first publication of the notice) to the
person offering at the public sale to pay the highest sum as
a cash bonus at the time of sale of such lease. Notice of the
sale shall be served upon the applicant at least six weeks
prior to the date thereof. The person paying the highest sum
as a cash bonus shall be entitled to lease the harbor area:
PROVIDED, That if the lease is not sold at the public sale
the department may at any time or times again fix the terms,
conditions and rental, and again advertise the lease for sale
as above provided and upon similar notice: AND PROVIDED FURTHER, That upon failure to secure any sale of the
lease as above prescribed, the department may issue revocable leases without requirement of improvements for one year
periods at a minimum rate of two percent. [1985 c 469 §
61; 1982 1st ex.s. c 21 § 77.]
[Title 79 RCW—page 94]
79.92.100 Regulation of wharfage, dockage, and
other tolls. The state of Washington shall ever retain and
does hereby reserve the right to regulate the rates of wharfage, dockage, and other tolls to be imposed by the lessee or
his assigns upon commerce for any of the purposes for
which the leased area may be used and the right to prevent
extortion and discrimination in such use thereof. [1982 1st
ex.s. c 21 § 78.]
79.92.110 Harbor areas and tidelands within
towns—Distribution of rents to municipal authorities. (1)
Where any leased harbor area or tideland is situated within
the limits of a town, whether or not the harbor area or
tideland lies within a port district, the rents from such leases
shall be paid by the state treasurer to the municipal authorities of the town to be expended for water-related improvements.
(2) The state treasurer is hereby authorized and directed
to make payments to the respective towns on the first days
of July and January of each year, of all moneys payable
under the terms of this section. [1984 c 221 § 25; 1983 c
153 § 1; 1982 2nd ex.s. c 8 § 2; 1982 1st ex.s. c 21 § 79.]
Severability—Effective date—1984 c 221: See RCW 79.90.901 and
79.90.902.
Effective date—1983 c 153: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1983." [1983 c 153 § 2.]
Effective date—1982 2nd ex.s. c 8 § 2: "Section 2 of this act shall
take effect July 1, 1983." [1982 2nd ex.s. c 8 § 3.]
79.92.900 Savings—Captions—Severability—
Effective dates—1982 1st ex.s. c 21. See RCW 79.96.901
through 79.96.905.
Chapter 79.93
AQUATIC LANDS—WATERWAYS AND STREETS
Sections
79.93.010
79.93.020
79.93.030
79.93.040
79.93.050
79.93.060
79.93.070
79.93.900
First class tide and shore lands to be platted—Public waterways and streets.
Streets, waterways, etc., validated.
Street slopes on tide or shore lands.
Permits to use waterways.
Excavation of waterways—Waterways open to public—Tide
gates or locks.
Vacation of waterways—Extension of streets.
Copies of waterway permits or leases existing on October 1,
1984, to be delivered to the department—Exception.
Savings—Captions—Severability—Effective dates—1982
1st ex.s. c 21.
79.93.010 First class tide and shore lands to be
platted—Public waterways and streets. It shall be the
duty of the department of natural resources simultaneously
with the establishment of harbor lines and the determination
of harbor areas in front of any city or town, or as soon
thereafter as practicable, to survey and plat all tide and shore
lands of the first class not heretofore platted, and in platting
the same to lay out streets which shall thereby be dedicated
to public use, subject to the control of the cities or towns in
which they are situated.
(2002 Ed.)
Aquatic Lands—Waterways and Streets
The department shall also establish one or more public
waterways not less than fifty nor more than one thousand
feet wide, beginning at the outer harbor line and extending
inland across the tidelands belonging to the state. These
waterways shall include within their boundaries, as nearly as
practicable, all navigable streams running through such
tidelands, and shall be located at such other places as in the
judgment of the department may be necessary for the present
and future convenience of commerce and navigation. All
waterways shall be reserved from sale or lease and remain
as public highways for watercraft until vacated as provided
for in this chapter.
The department shall appraise the value of such platted
tide and shore lands and enter such appraisals in its records
in the office of the commissioner of public lands. [1982 1st
ex.s. c 21 § 80.]
79.93.020 Streets, waterways, etc., validated. All
alleys, streets, avenues, boulevards, waterways, and other
public places and highways heretofore located and platted on
the tide and shore lands of the first class, or harbor areas, as
provided by law, and not heretofore vacated as provided by
law, are hereby validated as public highways and dedicated
to the use of the public for the purposes for which they were
intended, subject however to vacation as provided for in this
chapter. [1982 1st ex.s. c 21 § 81.]
79.93.030 Street slopes on tide or shore lands. The
department of natural resources shall have power to approve
plans for and authorize the construction of slopes, with rock,
riprap, or other protection, upon any state owned aquatic
lands incident to the improvement of any abutting or adjacent street or avenue by any city or town in this state. [1982
1st ex.s. c 21 § 82.]
79.93.040 Permits to use waterways. If the United
States government has established pierhead lines within a
waterway created under the laws of this state at any distance
from the boundaries established by the state, structures may
be constructed in that strip of waterway between the waterway boundary and the nearest pierhead line only with the
consent of the department of natural resources and upon such
plans, terms, and conditions and for such term as determined
by the department. However, no permit shall extend for a
period longer than thirty years.
The department may cancel any permit upon sixty days’
notice for a substantial breach by the permittee of any of the
permit conditions.
If a waterway is within the territorial limits of a port
district, the duties assigned by this section to the department
may be exercised by the port commission of such port
district as provided in RCW 79.90.475.
Nothing in this section shall confer upon, create, or
recognize in any abutting owner any right or privilege in or
to any strip of waterway abutting any street and between
prolongations of the lines of such street, but the control of
and the right to use such strip is hereby reserved to the state
of Washington, except as authorized by RCW 79.90.475.
[1984 c 221 § 21; 1982 1st ex.s. c 21 § 83.]
Severability—Effective date—1984 c 221: See RCW 79.90.901 and
79.90.902.
(2002 Ed.)
79.93.010
Application to existing property rights: RCW 79.90.545.
79.93.050 Excavation of waterways—Waterways
open to public—Tide gates or locks. All waterways
excavated through any tide or shore lands belonging to the
state of Washington by virtue of the provisions of chapter
99, Laws of 1893, so far as they run through said tide or
shore lands, are hereby declared to be public waterways, free
to all citizens upon equal terms, and subject to the jurisdiction of the proper authorities, as otherwise provided by law:
PROVIDED, That where tide gates or locks are considered
by the contracting parties excavating any waterways to be
necessary to the efficiency of the same, the department of
natural resources may, in its discretion, authorize such tide
gates or locks to be constructed and may authorize the
parties constructing the same to operate them and collect a
reasonable toll from vessels passing through said tide gates
or locks: PROVIDED FURTHER, That the state of Washington or the United States of America can, at any time,
appropriate said tide gates or locks upon payment to the
parties erecting them of the reasonable value of the same at
the date of such appropriation, said reasonable value to be
ascertained and determined as in other cases of condemnation of private property for public use. [1982 1st ex.s. c 21
§ 84.]
79.93.060 Vacation of waterways—Extension of
streets. If a waterway established under the laws of this
state, or any portion of the waterway, has not been excavated, or is not used for navigation, or is not required in the
public interest to exist as a waterway, such waterway or
portion thereof may be vacated by written order of the
commissioner of public lands upon request by ordinance or
resolution of the city council of the city in which such
waterway is located or by resolution of the port commission
of the port district in which the waterway is located. If the
waterway or portion thereof which is vacated is navigable
water of the United States, or otherwise within the jurisdiction of the United States, a copy of such resolution or ordinance, together with a copy of the vacation order of the
commissioner of public lands shall be submitted to the
United States Army Corps of Engineers for their approval,
and if they approve, the waterway or portion thereof is
vacated: PROVIDED, That if a port district owns property
abutting the waterway and the provisions of this section are
otherwise satisfied, the waterway, or the portion thereof that
abuts the port district property, shall be vacated.
Upon such vacation of a waterway, the commissioner of
public lands shall notify the city in which the waterway is
located, and the city has the right, if otherwise permitted by
RCW 79.94.150, to extend across the portions so vacated
any existing streets, or to select such portions of the waterway as the city may desire for street purposes, in no case to
exceed one hundred fifty feet in width for any one street.
Such selection shall be made within sixty days subsequent to
the receipt of notice of the vacation of the portion of the
waterway.
If the city fails to make a selection within such time, or
selects only a portion of the waterway, the title of the
remaining portions of the vacated waterway shall vest in the
state, unless the waterway is located within the territorial
[Title 79 RCW—page 95]
79.93.060
Title 79 RCW: Public Lands
limits of a port district, in which event, if otherwise permitted by RCW 79.94.150, the title shall vest in the port district. The title is subject to any railroad or street railway
crossings existing at the time of such vacation. [1984 c 221
§ 22; 1982 1st ex.s. c 21 § 85.]
Severability—Effective date—1984 c 221: See RCW 79.90.901 and
79.90.902.
Application to existing property rights: RCW 79.90.545.
79.94.230
79.94.240
79.94.250
79.94.260
79.93.070 Copies of waterway permits or leases
existing on October 1, 1984, to be delivered to the
department—Exception. Copies of waterway permits or
leases in existence on October 1, 1984, shall be delivered to
the department of natural resources except in those cases in
which the port district enters into an agreement authorizing
management of state-owned aquatic land as provided in
RCW 79.90.475. [1984 c 221 § 23.]
79.94.270
Severability—Effective date—1984 c 221: See RCW 79.90.901 and
79.90.902.
79.94.320
79.93.900 Savings—Captions—Severability—
Effective dates—1982 1st ex.s. c 21. See RCW 79.96.901
through 79.96.905.
79.94.390
79.94.280
79.94.290
79.94.300
79.94.310
79.94.330
79.94.400
79.94.410
Chapter 79.94
AQUATIC LANDS—
TIDELANDS AND SHORELANDS
Sections
79.94.010
79.94.020
79.94.030
79.94.040
79.94.050
79.94.060
79.94.070
79.94.080
79.94.090
79.94.100
79.94.110
79.94.120
79.94.130
79.94.140
79.94.150
79.94.160
79.94.170
79.94.210
79.94.220
79.94.420
Survey to determine area subject to sale or lease.
First class tidelands and shorelands to be platted.
Second class tidelands and shorelands may be platted.
Tidelands and shorelands of the first class and second
class—Plats—Record.
Tidelands and shorelands of the first class and second
class—Appraisal—Record.
Tidelands and shorelands of the first class and second
class—Notice of filing plat and record of appraisal—
Appeal.
Tidelands and shorelands of the first class—Preference right
of upland owner—How exercised.
Tide and shore lands—Sale of remaining lands.
Sale of tidelands other than first class.
Tidelands and shorelands of the first and second class—
Petition for replat—Replatting and reappraisal—
Vacation by replat.
Tidelands and shorelands of the first and second class—
Dedication of replat—All interests must join.
Tidelands and shorelands of the first and second class—
Vacation by replat—Preference right of tideland or
shoreland owner.
Tidelands and shorelands of the first and second class—
Vacation procedure cumulative.
Tidelands and shorelands of the first and second class—
Effect of replat.
First and second class tidelands and shorelands and waterways of state to be sold only to public entities—
Leasing—Limitation.
Sale of state-owned tide or shore lands to municipal corporation or state agency—Authority to execute agreements,
deeds, etc.
Construction of RCW 79.94.150 and 79.94.170—Use and
occupancy fee where unauthorized improvements placed
on publicly owned aquatic lands.
Second class shorelands on navigable lakes—Sale.
Second class shorelands—Boundary of shorelands when
water lowered—Certain shorelands granted to city of
Seattle.
79.94.440
[Title 79 RCW—page 96]
79.94.430
79.94.450
79.94.900
Second class shorelands—Platting—Selection for slips,
docks, wharves, etc.
Second class shorelands—Platting of certain shorelands of
Lake Washington for use as harbor area—Effect.
Second class shorelands—Platting of certain shorelands of
Lake Washington for use as harbor area—Selection for
slips, docks, wharves, etc.—Vesting of title.
Second class shorelands—Sale or lease when in best public
interest—Preference right of upland owner—Procedure
upon determining sale or lease not in best public interest
or where transfer made for public use—Platting.
Second class tide or shore lands detached from uplands by
navigable water—Sale.
First class unplatted tide or shore lands—Lease preference
right to upland owners—Lease for booming purposes.
Second class tide or shore lands—Lease for booming purposes.
First and second class tide or shore lands—Preference rights,
time limit on exercise.
First and second class tide or shore lands—Accretions—
Lease.
Tide or shore lands of the first or second class—Failure to
re-lease tide or shore lands—Appraisal of improvements.
Location of line dividing tidelands from shorelands in tidal
rivers.
Certain tidelands reserved for recreational use and taking of
fish and shellfish.
Access to and from tidelands reserved for recreational use
and taking of fish and shellfish.
Tidelands and shorelands—Use of tide and shore lands
granted to United States—Purposes—Limitations.
Tidelands and shorelands—Use of tide and shore lands
granted to United States—Application—Proof of upland
use—Conveyance.
Tidelands and shorelands—Use of tide and shore lands
granted to United States—Easements over tide or shore
lands to United States.
Tidelands and shorelands—Use of tide and shore lands
granted to United States—Reversion on cessation of use.
United States Navy base—Exchange of property—
Procedure.
Savings—Captions—Severability—Effective dates—1982
1st ex.s. c 21.
79.94.010 Survey to determine area subject to sale
or lease. The department of natural resources may cause
any tide or shore lands belonging to the state to be surveyed
and platted for the purpose of ascertaining and determining
the area subject to sale or lease. [1982 1st ex.s. c 21 § 86.]
79.94.020 First class tidelands and shorelands to be
platted. It shall be the duty of the department of natural
resources simultaneously with the establishment of harbor
lines and the determination of harbor areas in front of any
city or town or as soon thereafter as practicable to survey
and plat all tidelands and shorelands of the first class not
heretofore platted as provided in RCW 79.93.010. [1982 1st
ex.s. c 21 § 87.]
79.94.030 Second class tidelands and shorelands
may be platted. The department of natural resources may
survey and plat any tidelands and shorelands of the second
class not heretofore platted. [1982 1st ex.s. c 21 § 88.]
79.94.040 Tidelands and shorelands of the first
class and second class—Plats—Record. The department
of natural resources shall prepare plats showing all tidelands
and shorelands of the first class and second class, surveyed,
platted, and appraised by it in the respective counties, on
(2002 Ed.)
Aquatic Lands—Tidelands and Shorelands
which shall be marked the location of all such aquatic lands,
with reference to the lines of the United States survey of the
abutting upland, and shall prepare in well bound books a
record of its proceedings, including a list of said tidelands
and shorelands surveyed, platted, or replatted, and appraised
by it and its appraisal of the same, which plats and books
shall be in triplicate and the department shall file one copy
of such plats and records in the office of the commissioner
of public lands, and file one copy in the office of the county
auditor of the county where the lands platted, or replatted,
and appraised are situated, and file one copy in the office of
the city engineer of the city in which, or within two miles of
which, the lands platted, or replatted, are situated. [1982 1st
ex.s. c 21 § 89.]
79.94.050 Tidelands and shorelands of the first
class and second class—Appraisal—Record. In appraising
tidelands or shorelands of the first class or second class
platted or replatted after March 26, 1895, the department of
natural resources shall appraise each lot, tract or piece of
land separately, and shall enter in a well bound book to be
kept in the office of the commissioner of public lands a
description of each lot, tract or piece of tide or shore land of
the first or second class, its full appraised value, the area and
rate per acre at which it was appraised, and if any lot is
covered in whole or in part by improvements in actual use
for commerce, trade, residence, or business, on or prior to,
the date of the plat or replat, the department shall enter the
name of the owner, or reputed owner, the nature of the
improvements, the area covered by the improvements, the
portion of each lot, tract or piece of land covered, and the
appraised value of the land covered, with and exclusive of,
the improvements. [1982 1st ex.s. c 21 § 90.]
79.94.060 Tidelands and shorelands of the first
class and second class—Notice of filing plat and record
of appraisal—Appeal. The department of natural resources
shall, before filing in the office of the commissioner of
public lands the plat and record of appraisal of any tidelands
or shorelands of the first or second class platted and appraised by it, cause a notice to be published once each week
for four consecutive weeks in a newspaper published and of
general circulation in the county wherein the land covered by
such plat and record are situated, stating that such plat and
record, describing it, is complete and subject to inspection at
the office of the commissioner of public lands, and will be
filed on a certain day to be named in the notice.
Any person entitled to purchase under RCW 79.94.150
and claiming a preference right of purchase of any of the
tidelands or shorelands platted and appraised by the department, and who feels aggrieved at the appraisement fixed by
the department upon such lands, or any part thereof, may
within sixty days after the filing of such plat and record in
the office of the commissioner (which shall be done on the
day fixed in said notice), appeal from such appraisement to
the superior court of the county in which the tide or shore
lands are situated, in the manner provided for taking appeals
from orders or decisions under RCW 79.90.400.
The prosecuting attorney of any county, or city attorney
of any city, in which such aquatic lands are located, shall at
the request of the governor, or of ten freeholders of the
(2002 Ed.)
79.94.040
county or city, in which such lands are situated, appeal on
behalf of the state, or the county, or city, from any such
appraisal in the manner provided in this section. Notice of
such appeal shall be served upon the department of natural
resources through the administrator, and it shall be his duty
to immediately notify all persons entitled to purchase under
RCW 79.94.150 and claiming a preference right to purchase
the lands subject to the appraisement.
Any party, other than the state or the county or city
appealing, shall execute a bond to the state with sufficient
surety, to be approved by the department of natural resources, in the sum of two hundred dollars conditioned for the
payment of costs on appeal.
The superior court to which an appeal is taken shall
hear evidence as to the value of the lands appraised and
enter an order confirming, or raising, or lowering the
appraisal appealed from, and the clerk of the court shall file
a certified copy thereof in the office of the commissioner of
public lands. The appraisal fixed by the court shall be final.
[1982 1st ex.s. c 21 § 91.]
79.94.070 Tidelands and shorelands of the first
class—Preference right of upland owner—How exercised.
Upon platting and appraisal of tidelands or shorelands of the
first class as in this chapter provided, if the department of
natural resources shall deem it for the best public interest to
offer said tide or shore lands of the first class for lease, the
department shall cause a notice to be served upon the owner
of record of uplands fronting upon the tide or shore lands to
be offered for lease if he or she be a resident of the state, or
if he or she be a nonresident of the state, shall mail to his or
her last known post office address, as reflected in the county
records, a copy of the notice notifying him or her that the
state is offering such tide or shore lands for lease, giving a
description of those lands and the department’s appraised fair
market value of such tide or shore lands for lease, and
notifying such owner that he or she has a preference right to
apply to lease said tide or shore lands at the appraised value
for the lease thereof for a period of sixty days from the date
of service of mailing of said notice. If at the expiration of
sixty days from the service or mailing of the notice, as
above provided, there being no conflicting applications filed,
and the owner of the uplands fronting upon the tide or shore
lands offered for lease, has failed to avail himself or herself
of his or her preference right to apply to lease or to pay to
the department the appraised value for lease of the tide or
shore lands described in said notice, then in that event, said
tide or shore lands may be offered for lease to any person
and may be leased in the manner provided for in the case of
lease of state lands.
If at the expiration of sixty days two or more claimants
asserting a preference right to lease shall have filed applications to lease any tract, conflicting with each other, the
conflict between the claimants shall be equitably resolved by
the department of natural resources as the best interests of
the state require in accord with the procedures prescribed by
chapter 34.05 RCW: PROVIDED, That any contract
purchaser of lands or rights therein, which upland qualifies
the owner for a preference right under this section, shall
have first priority for such preference right. [2000 c 11 §
29; 1982 1st ex.s. c 21 § 92.]
[Title 79 RCW—page 97]
79.94.080
Title 79 RCW: Public Lands
79.94.080 Tide and shore lands—Sale of remaining
lands. Any tide or shore lands of the first class remaining
unsold, and where there is no pending application for the
purchase of the same under claim of any preference right,
when otherwise permitted under RCW 79.94.150 to be sold,
shall be sold on the same terms and in the same manner as
provided for the sale of state lands for not less than the
appraised value fixed at the time of the application to
purchase, and the department of natural resources whenever
it shall deem it advisable and for the best interest of the state
may reappraise such lands in the same manner as provided
for the appraisal of state lands. [1982 1st ex.s. c 21 § 93.]
79.94.090 Sale of tidelands other than first class.
All tidelands, other than first class, shall be offered for sale,
when otherwise permitted under RCW 79.94.150 to be sold,
and sold in the same manner as state lands, other than
capitol building lands, but for not less than five dollars per
lineal chain, measured on the United States meander line
bounding the inner shore limit of such tidelands, and each
applicant shall furnish a copy of the United States field
notes, certified to by the officer in charge thereof, of said
meander line with his application, and shall pay one-tenth of
the purchase price on the date of sale. [1982 1st ex.s. c 21
§ 94.]
79.94.100 Tidelands and shorelands of the first and
second class—Petition for replat—Replatting and reappraisal—Vacation by replat. Whenever all of the owners
and other persons having a vested interest in those tidelands
or shorelands embraced within any plat of tide or shore lands
of the first or second class, heretofore or hereafter platted or
replatted, or within any portion of any such plat in which
there are unsold tide or shore lands belonging to the state,
shall file a petition with the department of natural resources
accompanied by proof of service of such petition upon the
city council, or other governing body, of the city or town in
which the tide or shore lands described in the petition are
situated, or upon the legislative body of the county in which
such tide or shore lands outside of any incorporated city or
town are situated, asking for a replat of such tide or shore
lands, the department is authorized and empowered to replat
said tide or shore lands described in such petition, and all
unsold tide or shore lands situated within such replat shall be
reappraised as provided for the original appraisal of tide or
shore lands: PROVIDED, That any streets or alleys embraced within such plat or portion of plat, vacated by the
replat hereby authorized shall vest in the owner or owners of
the lands abutting thereon. [1982 1st ex.s. c 21 § 95.]
79.94.110 Tidelands and shorelands of the first and
second class—Dedication of replat—All interests must
join. If in the preparation of a replat provided for in RCW
79.94.100 by the department of natural resources, it becomes
desirable to appropriate any tidelands or shorelands heretofore sold for use as streets, alleys, waterways, or other public
places, all persons interested in the title to such tidelands or
shorelands desired for public places shall join in the dedication of such replat before it shall become effective. [1982
1st ex.s. c 21 § 96.]
[Title 79 RCW—page 98]
79.94.120 Tidelands and shorelands of the first and
second class—Vacation by replat—Preference right of
tideland or shoreland owner. If any street, alley, waterway, or other public place theretofore platted, is vacated
by a replat as provided for in RCW 79.94.100 and
79.94.110, or any new street, alley, waterway, or other
public place is so laid out as to leave unsold tidelands or
shorelands between such new street, alley, waterway, or
other public place, and tidelands or shorelands theretofore
sold, the owner of the adjacent tidelands or shorelands
theretofore sold shall have the preference right for sixty days
after the final approval of such plat to purchase the unsold
tidelands or shorelands so intervening at the appraised value
thereof, if otherwise permitted under RCW 79.94.150 to be
sold. [1982 1st ex.s. c 21 § 97.]
79.94.130 Tidelands and shorelands of the first and
second class—Vacation procedure cumulative. RCW
79.94.100 through 79.94.120 are intended to afford a method
of procedure, in addition to other methods provided in this
chapter for the vacation of streets, alleys, waterways, and
other public places platted on tidelands or shorelands of the
first or second class. [1982 1st ex.s. c 21 § 98.]
79.94.140 Tidelands and shorelands of the first and
second class—Effect of replat. A replat of tidelands or
shorelands of the first or second class heretofore, or hereafter, platted shall be in full force and effect and shall constitute a vacation of streets, alleys, waterways, and other public
places theretofore dedicated, when otherwise permitted by
RCW 79.94.150, and the dedication of new streets, alleys,
waterways, and other public places appearing upon such
replat, when the same is recorded and filed as in the case of
original plats. [1982 1st ex.s. c 21 § 99.]
79.94.150 First and second class tidelands and
shorelands and waterways of state to be sold only to
public entities—Leasing—Limitation. (1) This section
shall apply to:
(a) First class tidelands as defined in RCW 79.90.030;
(b) Second class tidelands as defined in RCW
79.90.035;
(c) First class shorelands as defined in RCW 79.90.040;
(d) Second class shorelands as defined in RCW
79.90.045, except as included within RCW 79.94.210;
(e) Waterways as described in RCW 79.93.010.
(2) Notwithstanding any other provision of law, from
and after August 9, 1971, all tidelands and shorelands
enumerated in subsection (1) of this section owned by the
state of Washington shall not be sold except to public
entities as may be authorized by law and they shall not be
given away.
(3) Tidelands and shorelands enumerated in subsection
(1) of this section may be leased for a period not to exceed
fifty-five years: PROVIDED, That nothing in this section
shall be construed as modifying or canceling any outstanding
lease during its present term.
(4) Nothing in this section shall:
(a) Be construed to cancel an existing sale contract;
(2002 Ed.)
Aquatic Lands—Tidelands and Shorelands
(b) Prohibit sale or exchange of beds and shorelands
where the water course has changed and the area now has
the characteristics of uplands;
(c) Prevent exchange involving state-owned tide and
shore lands. [1982 1st ex.s. c 21 § 100.]
79.94.160 Sale of state-owned tide or shore lands to
municipal corporation or state agency—Authority to
execute agreements, deeds, etc. The department of natural
resources may with the advice and approval of the board of
natural resources sell state-owned tide or shore lands at the
appraised market value to any municipal corporation or
agency of the state of Washington when said land is to be
used solely for municipal or state purposes: PROVIDED,
That the department shall with the advice and approval of
the attorney general, execute such agreements, writings, or
relinquishments and certify to the governor such deeds as are
necessary or proper to affect such sale or exchange. [1982
1st ex.s. c 21 § 101.]
79.94.170 Construction of RCW 79.94.150 and
79.94.170—Use and occupancy fee where unauthorized
improvements placed on publicly owned aquatic lands.
Nothing in RCW 79.94.150 and 79.94.170 shall be construed
to prevent the assertion of public ownership rights in any
publicly owned aquatic lands, or the leasing of such aquatic
lands when such leasing is not contrary to the statewide
public interest.
The department of natural resources may require the
payment of a use and occupancy fee in lieu of a lease where
improvements have been placed without authorization on
publicly owned aquatic lands. [1982 1st ex.s. c 21 § 102.]
79.94.210 Second class shorelands on navigable
lakes—Sale. (1) The legislature finds that maintaining
public lands in public ownership is often in the public
interest. However, when second class shorelands on navigable lakes have minimal public value, the sale of those
shorelands to the abutting upland owner may not be contrary
to the public interest: PROVIDED, That the purpose of this
section is to remove the prohibition contained in RCW
79.94.150 regarding the sale of second class shorelands to
abutting owners, whose uplands front on the shorelands.
Nothing contained in this section shall be construed to
otherwise affect the rights of interested parties relating to
public or private ownership of shorelands within the state.
(2) Notwithstanding the provisions of RCW 79.94.150,
the department of natural resources may sell second class
shorelands on navigable lakes to abutting owners whose
uplands front upon the shorelands in cases where the board
of natural resources has determined that these sales would
not be contrary to the public interest. These shorelands shall
be sold at fair market value, but not less than five percent of
the fair market value of the abutting upland, less improvements, to a maximum depth of one hundred and fifty feet
landward from the line of ordinary high water.
(3) Review of the decision of the department regarding
the sale price established for a shoreland to be sold pursuant
to this section may be obtained by the upland owner by
filing a petition with the board of tax appeals created in
accordance with chapter 82.03 RCW within thirty days after
(2002 Ed.)
79.94.150
the mailing of notification by the department to the owner
regarding the price. The board of tax appeals shall review
such cases in an adjudicative proceeding as described in
chapter 34.05 RCW, the administrative procedure act, and
the board’s review shall be de novo. Decisions of the board
of tax appeals regarding fair market values determined
pursuant to this section shall be final unless appealed to the
superior court pursuant to RCW 34.05.510 through
34.05.598. [1989 c 378 § 3; 1989 c 175 § 171; 1982 1st
ex.s. c 21 § 106.]
Reviser’s note: This section was amended by 1989 c 175 § 171 and
by 1989 c 378 § 3, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1989 c 175: See note following RCW 34.05.010.
79.94.220 Second class shorelands—Boundary of
shorelands when water lowered—Certain shorelands
granted to city of Seattle. In every case where the state of
Washington had prior to June 13, 1913, sold to any purchaser from the state any second class shorelands bordering upon
navigable waters of this state by description wherein the
water boundary of the shorelands so purchased is not
defined, such water boundary shall be the line of ordinary
navigation in such water; and whenever such waters have
been or shall hereafter be lowered by any action done or
authorized either by the state of Washington or the United
States, such water boundary shall thereafter be the line of
ordinary navigation as the same shall be found in such
waters after such lowering, and there is hereby granted and
confirmed to every such purchaser, his heirs and assigns, all
such lands: PROVIDED HOWEVER, That RCW 79.94.220
and 79.94.230 shall not apply to such portions of such
second class shorelands which shall, as provided by RCW
79.94.230, be selected by the department of natural resources
for harbor areas, slips, docks, wharves, warehouses, streets,
avenues, parkways and boulevards, alleys, or other public
purposes: PROVIDED FURTHER, That all shorelands and
the bed of Lake Washington from the southerly margin of
the plat of Lake Washington shorelands southerly along the
westerly shore of said lake to a line three hundred feet south
of and parallel with the east and west center line of section
35, township 24 north, range 4 east, W.M., are hereby
reserved for public uses and are hereby granted and donated
to the city of Seattle for public park, parkway and boulevard
purposes, and as a part of its public park, parkway, and
boulevard system and any diversion or attempted diversion
of such lands so donated from such purposes shall cause the
title to said lands to revert to the state. [1982 1st ex.s. c 21
§ 107.]
79.94.230 Second class shorelands—Platting—
Selection for slips, docks, wharves, etc. It shall be the
duty of the department of natural resources to survey such
second class shorelands and in platting such survey to
designate thereon as selected for public use all of such
shorelands as in the opinion of the department is available,
convenient or necessary to be selected for the use of the
public as harbor areas, sites for slips, docks, wharves,
warehouses, streets, avenues, parkways and boulevards,
alleys, and other public purposes.
[Title 79 RCW—page 99]
79.94.230
Title 79 RCW: Public Lands
Upon the filing of such plat in the office of the commissioner of public lands, the title to all harbor areas so selected
shall remain in the state, the title to all selections for streets,
avenues, and alleys shall vest in any city or town within the
corporate limits of which they may be then situate, otherwise
in the county in which situate, the title to and control of any
lands so selected and designated upon such plat for parkways
and boulevard purposes shall, if the same lie outside of the
corporate limits of any city or town and if the same form a
part of the general parkway and boulevard system of a city
of the first class, be in such city, and the title to all selections for slips, docks, wharves, warehouses and other public
purposes shall vest in the port district if they be situate in a
port district, otherwise in the county in which situate. [1982
1st ex.s. c 21 § 108.]
79.94.240 Second class shorelands—Platting of
certain shorelands of Lake Washington for use as harbor
area—Effect. It shall be the duty of the department of
natural resources to plat for the public use harbor area in
front of such portions of the shorelands of Lake Washington
heretofore sold as second class shorelands by the state of
Washington as in the opinion of the department are necessary for the use of the public as harbor area: PROVIDED
HOWEVER, That RCW 79.94.240 and 79.94.250 shall not
be construed to authorize the department to change the
location of any inner or outer harbor line or the boundaries
or location of, or to replat any harbor area heretofore platted
under and by virtue of sections 1 and 2, chapter 183, Laws
of 1913, and the title to all shorelands heretofore purchased
from the state as second class shorelands is hereby confirmed to such purchaser, his heirs and assigns, out to the
inner harbor line heretofore established and platted under
sections 1 and 2, chapter 183, Laws of 1913, or which shall
be established and platted under RCW 79.94.230 and
79.94.250, and all reservations shown upon the plat made
and filed pursuant to sections 1 and 2, chapter 183, Laws of
1913, are declared null and void, except reservations shown
thereon for harbor area, and reservations in such harbor area,
and reservations across shorelands for traversed streets which
were extensions of streets existing across shorelands at the
time of filing of such plat. Said department shall in platting
said harbor area make a new plat showing all the harbor area
on Lake Washington already platted under said sections 1
and 2, chapter 183, Laws of 1913, and under sections 1 and
2, chapter 150, Laws of 1917, and upon the adoption of any
new plat by the board of natural resources acting as the
harbor line commission, and the filing of said plat in the
office of the commissioner of public lands, the title to all
such harbor areas so selected shall remain in the state of
Washington, and such harbor areas shall not be sold, but
may be leased as provided for by law relating to the leasing
of such harbor area. [1982 1st ex.s. c 21 § 109.]
79.94.250 Second class shorelands—Platting of
certain shorelands of Lake Washington for use as harbor
area—Selection for slips, docks, wharves, etc.—Vesting
of title. Immediately after establishing the harbor area
provided for in RCW 79.94.240, it shall be the duty of the
department of natural resources to make a plat designating
thereon all shorelands, of the first and second class, not
[Title 79 RCW—page 100]
theretofore sold by the state of Washington, and to select for
the use of the public out of such shorelands, or out of harbor
areas in front thereof, sites for slips, docks, wharves,
warehouses, streets, avenues, parkways, boulevards, alleys,
commercial waterways, and other public purposes, insofar as
such shorelands may be available for any or all such public
purposes.
Upon the filing of such plat of shorelands with such
reservations and selections thereon in the office of the
commissioner of public lands, the title to all selections for
streets, avenues, and alleys shall vest in any city or town
within the corporate limits of which they may be then
situate, otherwise in the county in which they are situate.
The title to and control of any land so selected and designated upon such plat for parkway and boulevard purposes shall,
if the same lie outside the corporate limits of any city or
town, and if the same form a part of the general parkway
and boulevard system of the city of the first class, be in such
city. The title to all selections for commercial waterway
purposes shall vest in the commercial waterway district in
which situate, or for which selected, and the title to all
selections for slips, docks, wharves, warehouses and other
purposes shall vest in the port district if they be situate in a
port district, otherwise in the county in which situated, and
any sales of such shorelands when otherwise permitted by
law shall be made subject to such selection and reservation
for public use. [1982 1st ex.s. c 21 § 110.]
79.94.260 Second class shorelands—Sale or lease
when in best public interest—Preference right of upland
owner—Procedure upon determining sale or lease not in
best public interest or where transfer made for public
use—Platting. If application is made to purchase or lease
any shorelands of the second class and the department of
natural resources shall deem it for the best public interest to
offer said shorelands of the second class for sale or lease,
the department shall cause a notice to be served upon the
abutting upland owner if he be a resident of the state, or if
the upland owner be a nonresident of the state, shall mail to
his last known post office address, as reflected in the county
records a copy of a notice notifying him that the state is
offering such shorelands for sale or lease, giving a description of the department’s appraised fair market value of such
shorelands for sale or lease, and notifying such upland owner
that he has a preference right to purchase, if such purchase
is otherwise permitted under RCW 79.94.150, or lease said
shorelands at the appraised value thereof for a period of
thirty days from the date of the service or mailing of said
notice. If at the expiration of the thirty days from the
service or mailing of the notice, as provided in this section,
the abutting upland owner has failed to avail himself of his
preference right to purchase, as otherwise permitted under
RCW 79.94.150, or lease, or to pay to the department the
appraised value for sale or lease of the shorelands described
in said notice, then in that event, except as otherwise
provided in this section, said shorelands may be offered for
sale, when otherwise permitted under RCW 79.94.150, or
offered for lease, and sold or leased in the manner provided
for the sale or lease of state lands, as otherwise permitted
under this chapter.
(2002 Ed.)
Aquatic Lands—Tidelands and Shorelands
The department of natural resources shall authorize the
sale or lease, whether to abutting upland owners or others,
only if such sale or lease would be in the best public interest
and is otherwise permitted under RCW 79.94.150. It is the
intent of the legislature that whenever it is in the best public
interest, the shorelands of the second class managed by the
department of natural resources shall not be sold but shall be
maintained in public ownership for the use and benefit of the
people of the state.
In all cases where application is made for the lease of
any second class shorelands adjacent to upland, under the
provisions of this section, the same shall be leased per lineal
chain frontage, and the United States field notes of the
meander line shall accompany each application as required
for the sale of such lands, and when application is made for
the lease of second class shorelands separated from the
upland by navigable waters, the application shall be accompanied by the plat and field notes of a survey of the lands
applied for, as required with applications for the purchase of
such lands.
If, following an application by the abutting upland
owner to either purchase as otherwise permitted under RCW
79.94.150 or to obtain an exclusive lease at appraised full
market value or rental, the department deems that such sale
or lease is not in the best public interest, or if property rights
in state-owned second class shorelands are at any time withdrawn, sold, or assigned in any manner authorized by law to
a public agency for a use by the general public, the department shall within one hundred and eighty days from receipt
of such application to purchase or lease, or on reaching a
decision to withdraw, sell or assign such shorelands to a
public agency, and: (1) Make a formal finding that the body
of water adjacent to such shorelands is navigable; (2) find
that the state or the public has an overriding interest inconsistent with a sale or exclusive lease to a private person, and
specifically identify such interest and the factor or factors
amounting to such inconsistency; and (3) provide for the
review of said decision in accordance with the procedures
prescribed by chapter 34.05 RCW.
Notwithstanding the above provisions, the department
may cause any of such shorelands to be platted as is provided for the platting of shorelands of the first class, and when
so platted such lands shall be sold, when otherwise permitted
under RCW 79.94.150 to be sold, or leased in the manner
provided for the sale or lease of shorelands of the first class.
[1982 1st ex.s. c 21 § 111.]
79.94.270 Second class tide or shore lands detached
from uplands by navigable water—Sale. Tide or shore
lands of the second class which are separated from the
upland by navigable waters shall be sold, when otherwise
permitted under RCW 79.94.150 to be sold, but in no case
at less than five dollars per acre. An applicant to purchase
such tide or shore lands shall, at his own expense, survey
and file with his application a plat of the surveys of the land
applied for, which survey shall be connected with, and the
plat shall show, two or more connections with the United
States survey of the uplands, and the applicant shall file the
field notes of the survey of said land with his application.
The department of natural resources shall examine and test
said plat and field notes of the survey, and if found incorrect
(2002 Ed.)
79.94.260
or indefinite, it shall cause the same to be corrected or may
reject the same and cause a new survey to be made. [1982
1st ex.s. c 21 § 112.]
79.94.280 First class unplatted tide or shore lands—
Lease preference right to upland owners—Lease for
booming purposes. The department of natural resources is
authorized to lease to the abutting upland owner any unplatted first class tide or shore lands.
The department shall, prior to the issuance of any lease
under the provisions of this section, fix the annual rental for
said tide or shore lands and prescribe the terms and conditions of the lease. No lease issued under the provisions of
this section shall be for a longer term than ten years from
the date thereof, and every such lease shall be subject to
termination upon ninety days’ notice to the lessee in the
event that the department shall decide that it is in the best
interest of the state that such tide or shore lands be surveyed
and platted. At the expiration of any lease issued under the
provisions of this section, the lessee or his successors or
assigns shall have a preference right to re-lease the lands
covered by the original lease or any portion thereof, if the
department shall deem it to be in the best interests of the
state to re-lease the same, for succeeding periods not exceeding five years each at such rental and upon such terms and
conditions as may be prescribed by said department.
In case the abutting uplands are not improved and
occupied for residential purposes and the abutting upland
owner has not filed an application for the lease of such
lands, the department may lease the same to any person for
booming purposes under the terms and conditions of this
section: PROVIDED, That failure to use for booming
purposes any lands leased under this section for such
purposes for a period of one year shall work a forfeiture of
such lease and such land shall revert to the state without any
notice to the lessee upon the entry of a declaration of
forfeiture in the records of the department of natural resources. [1982 1st ex.s. c 21 § 113.]
79.94.290 Second class tide or shore lands—Lease
for booming purposes. The department of natural resources
is authorized to lease any second class tide or shore lands,
whether reserved from sale, or from lease for other purposes,
by or under authority of law, or not, except any oyster
reserve containing oysters in merchantable quantities, to any
person, for booming purposes, for any term not exceeding
ten years from the date of such lease, for such annual rental
and upon such terms and conditions as the department may
fix and determine, and may also provide for forfeiture and
termination of any such lease at any time for failure to pay
the fixed rental or for any violation of the terms or conditions thereof.
The lessee of any such lands for booming purposes shall
receive, hold, and sort the logs and other timber products of
all persons requesting such service and upon the same terms
and without discrimination, and may charge and collect tolls
for such service not to exceed seventy-five cents per thousand feet scale measure on all logs, spars, or other large
timber and reasonable rates on all other timber products, and
shall be subject to the same duties and liabilities, so far as
the same are applicable, as are imposed upon boom compa[Title 79 RCW—page 101]
79.94.290
Title 79 RCW: Public Lands
nies organized under the laws of the state: PROVIDED,
That failure to use any lands leased under the provisions of
this section for booming purposes for a period of one year
shall work a forfeiture of such lease, and such lands shall
revert to the state without any notice to the lessee upon the
entry of a declaration of forfeiture in the records of the
department.
At the expiration of any lease issued under the provisions of this section, the lessee shall have the preference
right to re-lease the lands covered by his original lease for
a further term, not exceeding ten years, at such rental and
upon such terms and conditions as may be prescribed by the
department of natural resources. [1982 1st ex.s. c 21 § 114.]
79.94.300 First and second class tide or shore
lands—Preference rights, time limit on exercise. All
preference rights to purchase tide or shore lands of the first
or second class, when otherwise permitted by RCW
79.94.150 to be purchased, awarded by the department of
natural resources, or by the superior court in case of appeal
from the award of the department, shall be exercised by the
parties to whom the award is made within thirty days from
the date of the service of notice of the award by registered
mail, by the payment to the department of the sums required
by law to be paid for a contract, or deed, as in the case of
the sale of state lands, other than capitol building lands, and
upon failure to make such payment such preference rights
shall expire. [1982 1st ex.s. c 21 § 115.]
79.94.310 First and second class tide or shore
lands—Accretions—Lease. Any accretions that may be
added to any tract or tracts of tide or shore lands of the first
or second class heretofore sold, or that may hereafter be
sold, by the state, shall belong to the state and shall not be
sold, or offered for sale, unless otherwise permitted by this
chapter to be sold, and unless the accretions shall have been
first surveyed under the direction of the department of
natural resources: PROVIDED, That the owner of the
adjacent tide or shore lands shall have the preference right
to purchase said lands produced by accretion, when otherwise permitted by RCW 79.94.150 to be sold, for thirty days
after said owner of the adjacent tide or shore lands shall
have been notified by registered mail of his preference right
to purchase such accreted lands. [1982 1st ex.s. c 21 § 116.]
79.94.320 Tide or shore lands of the first or second
class—Failure to re-lease tide or shore lands—Appraisal
of improvements. In case any lessee of tide or shore lands,
for any purpose except mining of valuable minerals or coal,
or extraction of petroleum or gas, or his successor in interest,
shall after the expiration of any lease, fail to purchase, when
otherwise permitted under RCW 79.94.150 to be purchased,
or re-lease from the state the tide or shore lands formerly
covered by his lease, when the same are offered for sale or
re-lease, then and in that event the department of natural
resources shall appraise and determine the value of all
improvements existing upon such tide or shore lands at the
expiration of the lease which are not capable of removal
without damage to the land, including the cost of filling and
raising said property above high tide, or high water, whether
filled or raised by the lessee or his successors in interest, or
[Title 79 RCW—page 102]
by virtue of any contract made with the state, and also
including the then value to the land of all existing local
improvements paid for by such lessee or his successors in
interest. In case the lessee or his successor in interest is
dissatisfied with the appraised value of such improvements
as determined by the department, he shall have the right of
appeal to the superior court of the county wherein said tide
or shore lands are situated, within the time and according to
the method prescribed in RCW 79.90.400 for taking appeals
from decisions of the department.
In case such tide or shore lands are leased, or sold, to
any person other than such lessee or his successor in interest,
within three years from the expiration of the former lease,
the bid of such subsequent lessee or purchaser shall not be
accepted until payment is made by such subsequent lessee or
purchaser of the appraised value of the improvements as
determined by the department, or as may be determined on
appeal, to such former lessee or his successor in interest.
In case such tide or shore lands are not leased, or sold,
within three years after the expiration of such former lease,
then in that event, such improvements existing on the lands
at the time of any subsequent lease, shall belong to the state
and be considered a part of the land, and shall be taken into
consideration in appraising the value, or rental value, of the
land and sold or leased with the land. [1982 1st ex.s. c 21
§ 117.]
79.94.330 Location of line dividing tidelands from
shorelands in tidal rivers. The department of natural
resources is hereby authorized to locate in all navigable
rivers in this state which are subject to tidal flow, the line
dividing the tidelands in such river from the shorelands in
such river, and such classification or the location of such
dividing line shall be final and not subject to review, and the
department shall enter the location of said line upon the plat
of the tide and shore lands affected. [1982 1st ex.s. c 21 §
118.]
79.94.390 Certain tidelands reserved for recreational use and taking of fish and shellfish. The following
described tidelands, being public lands of the state, are
withdrawn from sale or lease and reserved as public areas
for recreational use and for the taking of fish and shellfish
for personal use as defined in *RCW 75.08.011:
Parcel No. 1. (Point Whitney) The tidelands of the
second class, owned by the state of Washington, situate in
front of, adjacent to or abutting upon lots 3, 4, and 5, section
7, township 26 north, range 1 west, W.M., with a frontage
of 72.45 lineal chains, more or less.
Excepting, however, those portions of the above
described tidelands of the second class conveyed to the state
of Washington, department of fish and wildlife through deed
issued May 14, 1925, under application No. 8136, records of
department of public lands.
Parcel No. 2. (Point Whitney) The tidelands of the
second class lying below the line of mean low tide, owned
by the state of Washington, situate in front of lot 1, section
6, township 26 north, range 1 west, W.M., with a frontage
of 21.00 lineal chains, more or less; also
The tidelands of the second class, owned by the state of
Washington, situate in front of, adjacent to or abutting upon
(2002 Ed.)
Aquatic Lands—Tidelands and Shorelands
lots 6 and 7, and that portion of lot 5, section 1, township 26
north, range 1 west, W.M., lying south of a line running due
west from a point on the government meander line which is
S 22° E 1.69 chains from an angle point in said meander
line which is S 15° W 1.20 chains, more or less, from the
point of intersection of the north line of said lot 5 and said
meander line, with a frontage of 40.31 lineal chains, more or
less.
Parcel No. 3. (Toandos Peninsula) The tidelands of the
second class, owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lots 1, 2, and 3,
section 5, lots 1, 2, and 3, section 4, and lot 1, section 3, all
in township 25 north, range 1 west, W.M., with a frontage
of 158.41 lineal chains, more or less.
Parcel No. 4. (Shine) The tidelands of the second class,
owned by the state of Washington, situate in front of,
adjacent to, or abutting upon lots 1, 2, 3 and that portion of
lot 4 lying north of the south 8.35 chains thereof as measured along the government meander line, all in section 35,
township 28 north, range 1 east, W.M., with a frontage of
76.70 lineal chains, more or less.
Subject to an easement for right of way for county road
granted to Jefferson county December 8, 1941 under
application No. 1731, records of department of public lands.
Parcel No. 5. (Lilliwaup) The tidelands of the second
class, owned by the state of Washington, lying easterly of
the east line of vacated state oyster reserve plat No. 133
produced southerly and situate in front of, adjacent to or
abutting upon lot 9, section 30, lot 8, section 19 and lot 5
and the south 20 acres of lot 4, section 20, all in township
23 north, range 3 west, W.M., with a frontage of 62.46 lineal
chains, more or less.
Subject to easements for rights of way for state road
granted through the filing of state road plats No. 374
December 15, 1930, No. 661, March 29, 1949, and No. 666
August 25, 1949, records of department of public lands.
Parcel No. 6. (Nemah) Those portions of the tidelands
of the second class, owned by the state of Washington,
situate in front of, adjacent to, or abutting upon lots 5, 6, and
7, section 3 and lots 1, 2, and 3, section 4, township 12
north, range 10 west, W.M., lots 1, 2, 3, and 4, section 34,
section 27 and lots 1, 2, 3 and 4, section 28, township 13
north, range 10 west, W.M., lying easterly of the easterly
line of the Nemah Oyster reserve and easterly of the easterly
line of a tract of tidelands of the second class conveyed
through deed issued July 28, 1938, pursuant to the provisions
of chapter 24, Laws of 1895, under application No. 9731,
with a frontage of 326.22 lineal chains, more or less.
Parcels No. 7 and 8. (Penn Cove) The unplatted
tidelands of the first class, and tidelands of the second class,
owned by the state of Washington, situate in front of,
adjacent to, or abutting upon lots 1 and 2, section 33, lots 1,
2, 3, and 4, section 32, lots 2 and 3 and the B.P. Barstow
D.L.C. No. 49, sections 30 and 31 and that portion of the
R.H. Lansdale D.L.C. No. 54 in section 30, lying west of the
east 3.00 chains thereof as measured along the government
meander line, all in township 32 north, range 1 east, W.M.,
with a frontage of 260.34 lineal chains, more or less.
Excepting, however, the tidelands above the line of
mean low tide in front of said lot 1, section 32 which were
conveyed as tidelands of the second class through deed
(2002 Ed.)
79.94.390
issued December 29, 1908, application No. 4957, records of
department of public lands.
Subject to an easement for right of way for transmission
cable line granted to the United States of America Army
Engineers June 7, 1943, under application No. 17511,
records of department of public lands.
Parcel No. 9. (South of Penn Cove) The tidelands of
the second class, owned by the state of Washington, situate
in front of, adjacent to, or abutting upon lots 2, 3 and 4,
section 17 and lots 1, 2 and 3, section 20, township 31 north,
range 2 east, W.M., with a frontage of 129.97 lineal chains,
more or less.
Parcel No. 10. (Mud Bay—Lopez Island) The tidelands
of the second class, owned by the state of Washington
situate in front of, adjacent to, or abutting upon lots 5, 6 and
7, section 18, lot 5, section 7 and lots 3, 4, and 5, section 8,
all in township 34 north, range 1 west, W.M., with a
frontage of 172.11 lineal chains, more or less.
Excepting, however, any tideland of the second class in
front of said lot 3, section 8 conveyed through deeds issued
April 14, 1909, pursuant to the provisions of chapter 24,
Laws of 1895, under application No. 4985, records of
department of public lands.
Parcel No. 11. (Cattle Point) The tidelands of the
second class, owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lot 1, section 6, lots 1,
3, 4, 5, 6, 7, 8, 9, and 10, section 7, lots 1, 2, 3, 4, 5, 6 and
7, section 8 and lot 1, section 5, all in township 34 north,
range 2 west, W.M., with a frontage of 463.88 lineal chains,
more or less.
Excepting, however, any tidelands of the second class
in front of said lot 10, section 7 conveyed through deed
issued June 1, 1912, under application No. 6906, records of
department of public lands.
Parcel No. 12. (Spencer Spit) The tidelands of the
second class, owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lots 1, 3, and 4,
section 7, and lot 5, section 18 all in township 35 north,
range 1 west, W.M., with a frontage of 118.80 lineal chains,
more or less. [1994 c 264 § 66; 1983 1st ex.s. c 46 § 181;
1982 1st ex.s. c 21 § 124.]
*Reviser’s note: RCW 75.08.011 was repealed by 2000 c 107 § 125.
Tidelands—Upland owner use: "The state department of fisheries
is authorized to permit designated portions of the following described
tidelands to be used by the upland owners thereof for the purpose of
building and maintaining docks: Tidelands of the second class owned by
the state of Washington situated in front of, adjacent to, or abutting upon,
the entire west side of lot 1, section 5, Township 34 North, Range 2 West,
W.M., to the northernmost tip of said lot, and lots 2 and 3, section 8,
Township 34 North, Range 2 West, W.M. (Cattle Point)." [1967 ex.s. c 128
§ 1.]
79.94.400 Access to and from tidelands reserved for
recreational use and taking of fish and shellfish. The
director of fish and wildlife may take appropriate action to
provide public and private access, including roads and docks,
to and from the tidelands described in RCW 79.94.390.
[1994 c 264 § 67; 1982 1st ex.s. c 21 § 125.]
79.94.410 Tidelands and shorelands—Use of tide
and shore lands granted to United States—Purposes—
Limitations. The use of any tide and shore lands belonging
to the state, and adjoining and bordering on any tract, piece
[Title 79 RCW—page 103]
79.94.410
Title 79 RCW: Public Lands
or parcel of land, which may have been reserved or acquired,
or which may hereafter be reserved or acquired, by the
government of the United States, for the purposes of erecting
and maintaining thereon forts, magazines, arsenals, dockyards, navy yards, prisons, penitentiaries, lighthouses, fog
signal stations, aviation fields, or other aids to navigation, be
and the same is hereby granted to the United States, upon
payment for such rights, so long as the upland adjoining
such tide or shore lands shall continue to be held by the
government of the United States for any of the public
purposes above mentioned: PROVIDED, That this grant
shall not extend to or include any aquatic lands covered by
more than four fathoms of water at ordinary low tide; and
shall not be construed to prevent any citizen of the state
from using said lands for the taking of food fishes so long
as such fishing does not interfere with the public use of them
by the United States. [1982 1st ex.s. c 21 § 126.]
79.94.420 Tidelands and shorelands—Use of tide
and shore lands granted to United States—Application—
Proof of upland use—Conveyance. Whenever application
is made to the department of natural resources by any
department of the United States government for the use of
any tide or shore lands belonging to the state and adjoining
and bordering on any upland held by the United States for
any of the purposes mentioned in RCW 79.94.410, upon
proof being made to said department of natural resources,
that such uplands are so held by the United States for such
purposes, and upon payment for such land, it shall cause
such fact to be entered in the records of the office of the
commissioner of public lands and the department shall
certify such fact to the governor who will execute a deed in
the name of the state, attested by the secretary of state,
conveying the use of such lands, for such purposes, to the
United States, so long as it shall continue to hold for said
public purposes the uplands adjoining said tide and shore
lands. [1982 1st ex.s. c 21 § 127.]
shore lands for the purpose mentioned in RCW 79.94.430,
the grant or easement of such tide or shore lands shall be
terminated thereby, and said tide or shore lands shall revert
to the state without resort to any court or tribunal. [1982 1st
ex.s. c 21 § 129.]
79.94.450 United States Navy base—Exchange of
property—Procedure. The department of natural resources
is authorized to deed, by exchanges of property, to the
United States Navy those tidelands necessary to facilitate the
location of the United States Navy base in Everett. In
carrying out this authority, the department of natural resources shall request that the governor execute the deed in the
name of the state attested to by the secretary of state. The
department of natural resources will follow the requirements
outlined in RCW 79.08.015 in making the exchange. The
department must exchange the state’s tidelands for lands of
equal value, and the land received in the exchange must be
suitable for natural preserves, recreational purposes, or have
commercial value. The lands must not have been previously
used as a waste disposal site. Choice of the site must be
made with the advice and approval of the board of natural
resources. [1987 c 271 § 4.]
Severability—1987 c 271: See note following RCW 79.95.050.
79.94.900 Savings—Captions—Severability—
Effective dates—1982 1st ex.s. c 21. See RCW 79.96.901
through 79.96.905.
Chapter 79.95
AQUATIC LANDS—
BEDS OF NAVIGABLE WATERS
Sections
79.95.010
79.95.020
79.95.030
79.94.430 Tidelands and shorelands—Use of tide
and shore lands granted to United States—Easements
over tide or shore lands to United States. Whenever
application is made to the department of natural resources,
by any department of the United States government, for the
use of any tide or shore lands belonging to the state, for any
public purpose, and said department shall be satisfied that
the United States requires or may require the use of such
tide or shore lands for such public purposes, said department
may reserve such tide or shore lands from public sale and
grant the use of them to the United States, upon payment for
such land, so long as it may require the use of them for such
public purposes. In such a case, the department shall
execute an easement to the United States, which grants the
use of said tide or shore lands to the United States, so long
as it shall require the use of them for said public purpose.
[1982 1st ex.s. c 21 § 128.]
79.94.440 Tidelands and shorelands—Use of tide
and shore lands granted to United States—Reversion on
cessation of use. Whenever the United States shall cease to
hold and use any uplands for the use and purposes mentioned in RCW 79.94.410, or shall cease to use any tide or
[Title 79 RCW—page 104]
79.95.040
79.95.050
79.95.060
79.95.900
Lease of beds of navigable waters.
Lease of beds of navigable waters—Terms and conditions of
lease—Forfeiture for nonuser.
Lease of beds of navigable waters—Improvements—Federal
permit—Forfeiture—Plans and specifications.
Lease of beds of navigable waters—Preference right to release.
United States Navy base—Legislative findings and declaration.
Lease of bedlands in Port Gardner Bay for dredge spoil
site—Conditions.
Savings—Captions—Severability—Effective dates—1982
1st ex.s. c 21.
79.95.010 Lease of beds of navigable waters. Except
as provided in RCW 79.95.060, the department of natural
resources may lease to the abutting tide or shore land owner
or lessee, the beds of navigable waters lying below the line
of extreme low tide in waters where the tide ebbs and flows,
and below the line of navigability in lakes and rivers claimed
by the state and defined in section 1, Article XVII, of the
Constitution of the state.
In case the abutting tide or shore lands or the abutting
uplands are not improved or occupied for residential or
commercial purposes, the department may lease such beds to
any person for a period not exceeding ten years for booming
purposes.
(2002 Ed.)
Aquatic Lands—Beds of Navigable Waters
Nothing in this chapter shall change or modify any of
the provisions of the state Constitution or laws of the state
which provide for the leasing of harbor areas and the
reservation of lands lying in front thereof. [1987 c 271 § 2;
1982 1st ex.s. c 21 § 130.]
Severability—1987 c 271: See note following RCW 79.95.050.
79.95.020 Lease of beds of navigable waters—
Terms and conditions of lease—Forfeiture for nonuser.
The department of natural resources shall, prior to the issuance of any lease under the provisions of this chapter, fix the
annual rental and prescribe the terms and conditions of the
lease: PROVIDED, That in fixing such rental, the department shall not take into account the value of any improvements heretofore or hereafter placed upon the lands by the
lessee.
No lease issued under the provisions of this chapter
shall be for a term longer than thirty years from the date
thereof if in front of second class tide or shore lands; or a
term longer than ten years if in front of unplatted first class
tide or shore lands leased under the provisions of RCW
79.94.280, in which case said lease shall be subject to the
same terms and conditions as provided for in the lease of
such unplatted first class tide or shore lands. Failure to use
those beds leased under the provisions of this chapter for
booming purposes, for a period of two years shall work a
forfeiture of said lease and the land shall revert to the state
without notice to the lessee upon the entry of a declaration
of forfeiture in the records of the commissioner of public
lands. [1982 1st ex.s. c 21 § 131.]
79.95.030 Lease of beds of navigable waters—
Improvements—Federal permit—Forfeiture—Plans and
specifications. The applicant for a lease under the provisions of this chapter shall first obtain from the United States
Army Corps of Engineers or other federal regulatory agency,
a permit to place structures or improvements in said navigable waters and file with the department of natural resources
a copy of said permit. No structures or improvements shall
be constructed beyond a point authorized by the Corps of
Engineers or the department of natural resources and any
construction beyond authorized limits will work a forfeiture
of all rights granted by the terms of any lease issued under
the provisions of this chapter. The applicant shall also file
plans and specifications of any proposed improvements to be
placed upon such areas with the department of natural
resources, said plans and specifications to be the same as
provided for in the case of the lease of harbor areas. [1982
1st ex.s. c 21 § 132.]
79.95.040 Lease of beds of navigable waters—
Preference right to re-lease. At the expiration of any lease
issued under the provisions of this chapter, the lessee or his
successors or assigns, shall have a preference right to release the area covered by the original lease or any portion
thereof if the department of natural resources deems it to be
in the best interest of the state to re-lease the same. Such
re-lease shall be for such term as specified by the provisions
of this chapter, and at such rental and upon such conditions
as may be prescribed by the department: PROVIDED, That
if such preference right is not exercised, the rights and
(2002 Ed.)
79.95.010
obligations of the lessee, the department of natural resources,
and any subsequent lessee shall be the same as provided in
RCW 79.94.320 relating to failure to re-lease tide or shore
lands. Any person who prior to June 11, 1953, had occupied
and improved an area subject to lease under this chapter and
has secured a permit for such improvements from the United
States Army Corps of Engineers, or other federal regulatory
agency, shall have the rights and obligations of a lessee
under this section upon the filing of a copy of such permit
together with plans and specifications of such improvements
with the department of natural resources. [1982 1st ex.s. c
21 § 133.]
79.95.050 United States Navy base—Legislative
findings and declaration. The legislature recognizes the
importance of economic development in the state of Washington, and finds that the location of a United States Navy
base in Everett, Washington will enhance economic development. The legislature finds that the state should not assume
liability or risks resulting from any action taken by the
United States Navy, now or in the future associated with the
dredge disposal program for that project known as confined
aquatic disposal (CAD). The legislature also recognizes the
importance of improving water quality and cleaning up
pollution in Puget Sound. The legislature hereby declares
these actions to be a public purpose necessary to protect the
health, safety, and welfare of its citizens, and to promote
economic growth and improve environmental quality in the
state of Washington. The United States Navy proposes to
commence the Everett home port project immediately.
[1987 c 271 § 1.]
Severability—1987 c 271: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 271 § 6.]
79.95.060 Lease of bedlands in Port Gardner Bay
for dredge spoil site—Conditions. (1) Upon application by
the United States Navy, and upon verification of the legal
description and compliance with the intent of this chapter,
the commissioner of public lands is authorized to lease
bedlands in Port Gardner Bay for a term of thirty years so
the United States Navy can utilize a dredge spoil site solely
for purposes related to construction of the United States
Navy base at Everett.
(2) The lease shall reserve for the state uses of the
property and associated waters which are not inconsistent
with the use of the bed by the Navy as a disposal site. The
lease shall include conditions under which the Navy:
(a) Will agree to hold the state of Washington harmless
for any damage and liability relating to, or resulting from,
the use of the property by the Navy; and
(b) Will agree to comply with all terms and conditions
included in the applicable state of Washington section 401
water quality certification issued under the authority of the
Federal Clean Water Act (33 U.S.C. Sec. 1251, et seq.), all
terms and conditions of the Army Corps of Engineers section
404 permit (33 U.S.C. Sec. 1344), and all requirements of
statutes, regulations, and permits relating to water quality
and aquatic life in Puget Sound and Port Gardner Bay,
including all reasonable and appropriate terms and conditions
of any permits issued under the authority of the Washington
[Title 79 RCW—page 105]
79.95.060
Title 79 RCW: Public Lands
state shoreline management act (chapter 90.58 RCW) and
any applicable shoreline master program.
(3) The ability of the state of Washington to enforce the
terms and conditions specified in subsection (2)(b) of this
section shall include, but not be limited to: (a) The terms
and conditions of the lease; (b) the section 401 water quality
certification under the Clean Water Act, 33 U.S.C. Sec.
1251, et seq.; (c) the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Sec.
9601, et seq.; (d) the Resource Conservation and Recovery
Act, 42 U.S.C. Sec. 6901, et seq.; or (e) any other applicable
federal or state law. [1987 c 271 § 3.]
Severability—1987 c 271: See note following RCW 79.95.050.
79.95.900 Savings—Captions—Severability—
Effective dates—1982 1st ex.s. c 21. See RCW 79.96.901
through 79.96.905.
Chapter 79.96
AQUATIC LANDS—OYSTERS, GEODUCKS,
SHELLFISH, AND OTHER AQUACULTURAL USES
Sections
79.96.010
79.96.020
79.96.030
79.96.040
79.96.050
79.96.060
79.96.070
79.96.080
79.96.085
79.96.090
79.96.100
79.96.110
79.96.120
79.96.130
79.96.140
79.96.901
79.96.902
79.96.903
79.96.904
79.96.905
79.96.906
Leasing beds of tidal waters for shellfish cultivation or other
aquaculture use.
Leasing lands for shellfish cultivation or other aquaculture
use—Who may lease—Application—Deposit.
Leasing lands for shellfish cultivation or other aquaculture
use—Inspection and report by director of fish and wildlife—Rental and term—Commercial harvest of subtidal
hardshell clams by hydraulic escalating.
Leasing lands for shellfish cultivation or other aquaculture
use—Survey and boundary markers.
Leasing lands for shellfish cultivation or other aquaculture
use—Renewal lease.
Leasing lands for shellfish cultivation or other aquaculture
use—Reversion for use other than cultivation of shellfish.
Leasing lands for shellfish cultivation or other aquaculture
use—Abandonment—Application for other lands.
Geoduck harvesting—Agreements, regulation.
Geoduck harvesting—Designation of aquatic lands.
Lease of tidelands set aside as oyster reserves.
Inspection and report by director of fish and wildlife.
Vacation of reserve—Lease of lands—Designated state oyster reserve lands.
Sale of reserved or reversionary rights in tidelands.
Wrongful taking of shellfish from public lands—Civil remedies.
Leasing beds for geoduck harvest/cultivation—Survey by
private party.
Savings—1982 1st ex.s. c 21.
Captions—1982 1st ex.s. c 21.
Severability—1982 1st ex.s. c 21.
Effective date—1982 1st ex.s. c 21 §§ 176, 179.
Effective date—1982 1st ex.s. c 21.
Intensive management plan for geoducks—Evaluation of
program—Report—1984 c 221.
79.96.010 Leasing beds of tidal waters for shellfish
cultivation or other aquaculture use. The beds of all
navigable tidal waters in the state lying below extreme low
tide, except as prohibited by section 1, Article XV, of the
Washington state Constitution shall be subject to lease for
the purposes of planting and cultivating oyster beds, or for
the purpose of cultivating clams or other edible shellfish, or
[Title 79 RCW—page 106]
for other aquaculture use, for periods not to exceed thirty
years.
Nothing in this section shall prevent any person from
leasing more than one parcel, as offered by the department.
[1993 c 295 § 1; 1982 1st ex.s. c 21 § 134.]
79.96.020 Leasing lands for shellfish cultivation or
other aquaculture use—Who may lease—Application—
Deposit. Any person desiring to lease tidelands or beds of
navigable waters for the purpose of planting and cultivating
oyster beds, or for the purpose of cultivating clams and other
edible shellfish, shall file with the department of natural
resources, on a proper form, an application in writing signed
by the applicant and accompanied by a map of the lands
desired to be leased, describing the lands by metes and
bounds tied to at least two United States government corners,
and by such reference to local geography as shall suffice to
convey a knowledge of the location of the lands with
reasonable accuracy to persons acquainted with the vicinity,
and accompanied by a deposit of ten dollars which deposit
shall be returned to the applicant in case a lease is not
granted. [1982 1st ex.s. c 21 § 135.]
79.96.030 Leasing lands for shellfish cultivation or
other aquaculture use—Inspection and report by director
of fish and wildlife—Rental and term—Commercial
harvest of subtidal hardshell clams by hydraulic escalating. (1) The department of natural resources, upon the
receipt of an application for a lease for the purpose of
planting and cultivating oyster beds or for the purpose of
cultivating clams or other edible shellfish, shall notify the
director of fish and wildlife of the filing of the application
describing the tidelands or beds of navigable waters applied
for. The director of fish and wildlife shall cause an inspection of the lands applied for to be made and shall make a
full report to the department of natural resources of his or
her findings as to whether it is necessary, in order to protect
existing natural oyster beds, and to secure adequate seeding
thereof, to retain the lands described in the application for
lease or any part thereof, and in the event the director deems
it advisable to retain the lands or any part thereof for the
protection of existing natural oyster beds or to guarantee the
continuance of an adequate seed stock for existing natural
oyster beds, the same shall not be subject to lease. However, if the director determines that the lands applied for or any
part thereof may be leased, the director shall so notify the
department of natural resources and the director shall cause
an examination of the lands to be made to determine the
presence, if any, of natural oysters, clams, or other edible
shellfish on said lands, and to fix the rental value of the
lands for use for oyster, clam, or other edible shellfish
cultivation. In his or her report to the department, the
director shall recommend a minimum rental for said lands
and an estimation of the value of the oysters, clams, or other
edible shellfish, if any, then present on the lands applied for.
The lands approved by the director for lease may then be
leased to the applicant for a period of not less than five
years nor more than ten years at a rental not less than the
minimum rental recommended by the director of fish and
wildlife. In addition, before entering upon possession of the
land, the applicant shall pay the value of the oysters, clams,
(2002 Ed.)
Aquatic Lands—Oysters, Geoducks, Shellfish, and Other Aquacultural Uses
or other edible shellfish, if any, then present on the land as
determined by the director, plus the expense incurred by the
director in investigating the quantity of oysters, clams, or
other edible shellfish, present on the land applied for.
(2) When issuing new leases or reissuing existing leases
the department shall not permit the commercial harvest of
subtidal hardshell clams by means of hydraulic escalating
when the upland within five hundred feet of any lease tract
is zoned for residential development. [1994 c 264 § 68;
1987 c 374 § 1; 1982 1st ex.s. c 21 § 136.]
79.96.040 Leasing lands for shellfish cultivation or
other aquaculture use—Survey and boundary markers.
Before entering into possession of any leased tidelands or
beds of navigable waters, the applicant shall cause the same
to be surveyed by a registered land surveyor, and he or she
shall furnish to the department of natural resources and to
the director of fish and wildlife, a map of the leased premises signed and certified by the registered land surveyor. The
lessee shall also cause the boundaries of the leased premises
to be marked by piling monuments or other markers of a
permanent nature as the director of fish and wildlife may
direct. [1994 c 264 § 69; 1982 1st ex.s. c 21 § 137.]
79.96.050 Leasing lands for shellfish cultivation or
other aquaculture use—Renewal lease. The department of
natural resources may, upon the filing of an application for
a renewal lease, cause the tidelands or beds of navigable
waters to be inspected, and if he or she deems it in the best
interests of the state to re-lease said lands, he or she shall
issue to the applicant a renewal lease for such further period
not exceeding thirty years and under such terms and conditions as may be determined by the department: PROVIDED,
That in the case of an application for a renewal lease it shall
not be necessary for the lands to be inspected and reported
upon by the director of fish and wildlife. [1994 c 264 § 70;
1993 c 295 § 2; 1982 1st ex.s. c 21 § 138.]
79.96.060 Leasing lands for shellfish cultivation or
other aquaculture use—Reversion for use other than
cultivation of shellfish. All leases of tidelands and beds of
navigable waters for the purpose of planting and cultivating
oysters, clams, or other edible shellfish shall expressly
provide that if at any time after the granting of said lease,
the lands described therein shall cease to be used for the
purpose of oyster beds, clam beds, or other edible shellfish
beds, they shall thereupon revert to and become the property
of the state and that the same are leased only for the purpose
of cultivating oysters, clams, or other edible shellfish
thereon, and that the state reserves the right to enter upon
and take possession of said lands if at any time the same are
used for any other purpose than the cultivation of oysters,
clams, or other edible shellfish. [1982 1st ex.s. c 21 § 139.]
79.96.070 Leasing lands for shellfish cultivation or
other aquaculture use—Abandonment—Application for
other lands. If from any cause any lands leased for the
purpose of planting and cultivating oysters, clams, or other
edible shellfish shall become unfit and valueless for any such
purposes, the lessee or his assigns, upon certifying such fact
under oath to the department of natural resources, together
(2002 Ed.)
79.96.030
with the fact that he has abandoned such land, shall be
entitled to make application for other lands for such purposes. [1982 1st ex.s. c 21 § 140.]
79.96.080 Geoduck harvesting—Agreements,
regulation. (1) Geoducks shall be sold as valuable materials
under the provisions of chapter 79.90 RCW. After confirmation of the sale, the department of natural resources may
enter into an agreement with the purchaser for the harvesting
of geoducks. The department of natural resources may place
terms and conditions in the harvesting agreements as the department deems necessary. The department of natural
resources may enforce the provisions of any harvesting
agreement by suspending or canceling the harvesting
agreement or through any other means contained in the
harvesting agreement. Any geoduck harvester may terminate
a harvesting agreement entered into pursuant to this subsection if actions of a governmental agency, beyond the control
of the harvester, its agents, or its employees, prohibit
harvesting, for a period exceeding thirty days during the
term of the harvesting agreement, except as provided within
the agreement. Upon such termination of the agreement by
the harvester, the harvester shall be reimbursed by the
department of natural resources for the cost paid to the
department on the agreement, less the value of the harvest
already accomplished by the harvester under the agreement.
(2) Harvesting agreements under this title for the
purpose of harvesting geoducks shall require the harvester
and the harvester’s agent or representatives to comply with
all applicable commercial diving safety standards and regulations promulgated and implemented by the federal occupational safety and health administration established under the
federal occupational safety and health act of 1970 as such
law exists or as hereafter amended (84 Stat. 1590 et seq.; 29
U.S.C. Sec. 651 et seq.): PROVIDED, That for the purposes
of this section and *RCW 75.24.100 as now or hereafter
amended, all persons who dive for geoducks are deemed to
be employees as defined by the federal occupational safety
and health act. All harvesting agreements shall provide that
failure to comply with these standards is cause for suspension or cancellation of the harvesting agreement: PROVIDED FURTHER, That for the purposes of this subsection if
the harvester contracts with another person or entity for the
harvesting of geoducks, the harvesting agreement shall not
be suspended or canceled if the harvester terminates its
business relationship with such entity until compliance with
this subsection is secured. [1990 c 163 § 4; 1982 1st ex.s.
c 21 § 141.]
*Reviser’s note: RCW 75.24.100 was recodified as RCW 77.60.070
pursuant to 2000 c 107 § 130.
79.96.085 Geoduck harvesting—Designation of
aquatic lands. The department of natural resources shall
designate the areas of aquatic lands owned by the state that
are available for geoduck harvesting by licensed geoduck
harvesters in accordance with chapter 79.90 RCW. [1990 c
163 § 5; 1983 1st ex.s. c 46 § 129; 1979 ex.s. c 141 § 5.
Formerly RCW 75.28.286.]
Commercial harvesting of geoducks: RCW 77.60.070, 77.65.410.
[Title 79 RCW—page 107]
79.96.090
Title 79 RCW: Public Lands
79.96.090 Lease of tidelands set aside as oyster
reserves. The department of natural resources is hereby
authorized to lease first or second class tidelands which have
heretofore or which may hereafter be set aside as state oyster
reserves in the same manner as provided elsewhere in this
chapter for the lease of those lands. [1982 1st ex.s. c 21 §
142.]
79.96.100 Inspection and report by director of fish
and wildlife. The department of natural resources, upon the
receipt of an application for the lease of any first or second
class tidelands owned by the state which have heretofore or
which may hereafter be set aside as state oyster reserves,
shall notify the director of fish and wildlife of the filing of
the application describing the lands applied for. It shall be
the duty of the director of fish and wildlife to cause an
inspection of the reserve to be made for the purpose of
determining whether said reserve or any part thereof should
be retained as a state oyster reserve or vacated. [1994 c 264
§ 71; 1982 1st ex.s. c 21 § 143.]
79.96.110 Vacation of reserve—Lease of lands—
Designated state oyster reserve lands. (1) In the event that
the fish and wildlife commission approves the vacation of
the whole or any part of a reserve, the department of natural
resources may vacate and offer for lease such parts or all of
the reserve as it deems to be for the best interest of the state,
and all moneys received for the lease of such lands shall be
paid to the department of natural resources.
(2) Notwithstanding RCW 77.60.020, subsection (1) of
this section, or any other provision of state law, the state
oyster reserves in Eld Inlet, Hammersley Inlet, or Totten
Inlet, situated in Mason or Thurston counties shall permanently be designated as state oyster reserve lands. [2001 c
273 § 4; 2000 c 11 § 30; 1994 c 264 § 72; 1982 1st ex.s. c
21 § 144.]
79.96.120 Sale of reserved or reversionary rights in
tidelands. Upon an application to purchase the reserved and
reversionary rights of the state in any tidelands sold under
the provisions of chapter 24 of the Laws of 1895, or chapter
25 of the Laws of 1895, or chapter 165 of the Laws of 1919,
or either such reserved or reversionary right if only one
exists, being filed in the office of the commissioner of public
lands by the owner of such tidelands, accompanied by an
abstracter’s certificate, or other evidence of the applicant’s
title to such lands, the department of natural resources, if it
finds the applicant is the owner of the tidelands, is authorized to inspect, appraise, and sell, if otherwise permitted
under RCW 79.94.150, for not less than the appraised value,
such reserved or reversionary rights of the state to the
applicant, and upon payment of the purchase price to cause
a deed to be issued therefor as in the case of the sale of state
lands, or upon the payment of one-fifth of the purchase
price, to issue a contract of sale therefor, providing that the
remainder of the purchase price may be paid in four equal
annual installments, with interest on deferred payments at the
rate of six percent per annum, or sooner at the election of
the contract holder, which contract shall be subject to
cancellation by the department of natural resources for
failure to comply with its provisions, and upon the comple[Title 79 RCW—page 108]
tion of the payments as provided in such contract to cause a
deed to the lands described in the contract to be issued to the
holder thereof as in the case of the sale of state lands. [1982
1st ex.s. c 21 § 145.]
79.96.130 Wrongful taking of shellfish from public
lands—Civil remedies. (1) If a person wrongfully takes
shellfish or causes shellfish to be wrongfully taken from the
public lands and the wrongful taking is intentional and
knowing, then the person shall be liable for damages of
treble the fair market retail value of the amount of shellfish
wrongfully taken. If a person wrongfully takes shellfish
from the public lands under other circumstances, then the
person shall be liable for damages of double the fair market
value of the amount of shellfish wrongfully taken.
(2) For purposes of this section, a person "wrongfully
takes" shellfish from public lands if the person takes
shellfish: (a) Above the limits of any applicable laws that
govern the harvest of shellfish from public lands; (b) without
reporting the harvest to the department of fish and wildlife
or the department of natural resources where such reporting
is required by law or contract; (c) outside the area or above
the limits that an agreement or contract from the department
of natural resources allows the harvest of shellfish from
public lands; or (d) without a lease or purchase of the shellfish where such lease or purchase is required by law prior to
harvest of the shellfish.
(3) The remedies in this section are for civil damages
and shall be proved by a preponderance of the evidence.
The department of natural resources may file a civil action
in Thurston county superior court or the county where the
shellfish were taken against any person liable under this
section. Damages recovered under this section shall be
applied in the same way as received under geoduck harvesting agreements authorized by RCW 79.96.080.
(4) For purposes of the remedies created by this section,
the amount of shellfish wrongfully taken by a person may be
established either:
(a) By surveying the aquatic lands to reasonably
establish the amount of shellfish taken from the immediate
area where a person is shown to have been wrongfully taking shellfish;
(b) By weighing the shellfish on board any vessel or in
possession of a person shown to be wrongfully taking
shellfish; or
(c) By any other evidence that reasonably establishes the
amount of shellfish wrongfully taken.
The amount of shellfish established by (a) or (b) of this
subsection shall be presumed to be the amount wrongfully
taken unless the defendant shows by a preponderance of
evidence that the shellfish were lawfully taken or that the
defendant did not take the shellfish presumed to have been
wrongfully taken. Whenever there is reason to believe that
shellfish in the possession of any person were wrongfully
taken, the department of natural resources or the department
of fish and wildlife may require the person to proceed to a
designated off-load point and to weigh all shellfish in
possession of the person or on board the person’s vessel.
(5) This civil remedy is supplemental to the state’s
power to prosecute any person for theft of shellfish, for other
crimes where shellfish are involved, or for violation of
(2002 Ed.)
Aquatic Lands—Oysters, Geoducks, Shellfish, and Other Aquacultural Uses
regulations of the department of fish and wildlife. [1994 c
264 § 73; 1990 c 163 § 9.]
79.96.140 Leasing beds for geoduck harvest/
cultivation—Survey by private party. Beds of navigable
waters held under contract or deed from the state of Washington upon which a private party is harvesting or cultivating
geoduck shall be surveyed by the private party and a record
of survey filed in compliance with chapter 58.09 RCW prior
to harvest. Property corners will be placed in sufficient
quantity and location to aid in relocation of the oyster tract
lines occurring or extending below extreme low tide. Buoys
on anchors must be placed intervisibly along and at angle
points on any ownership boundaries that extend below
extreme low tide, for the harvest term. The survey of
privately owned beds of navigable waters will be established
on the Washington coordinate system in compliance with
chapter 58.20 RCW and property corners labeled with their
coordinates on the record of survey. [2002 c 123 § 3.]
The department of natural resources shall evaluate the
progress of the intensive geoduck management program and
provide a written report to the legislature by December 1,
1990, for delivery to the appropriate standing committees.
The evaluation shall determine the benefits and costs of
continued operation of the program, and shall discuss
alternatives including continuance, modification, and termination of the intensive geoduck management program. [1994
c 264 § 74; 1984 c 221 § 26.]
Severability—Effective date—1984 c 221: See RCW 79.90.901 and
79.90.902.
Chapter 79.100
DERELICT VESSELS
Findings—2002 c 123: See note following RCW 79.90.570.
Sections
79.100.005
79.100.010
79.100.020
79.100.030
79.96.901 Savings—1982 1st ex.s. c 21. The enactment of this act including all repeals, decodifications, and
amendments shall not be construed as affecting any existing
right acquired under the statutes repealed, decodified, or
amended or under any rule, regulation, or order issued
pursuant thereto; nor as affecting any proceeding instituted
thereunder. [1982 1st ex.s. c 21 § 181.]
79.100.040
79.100.050
79.100.060
79.100.070
79.100.080
79.100.090
79.100.100
79.100.900
79.100.901
79.96.902 Captions—1982 1st ex.s. c 21. Chapter
and section headings as used in this act do not constitute any
part of the law. [1982 1st ex.s. c 21 § 182.]
79.96.903 Severability—1982 1st ex.s. c 21. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1982 1st ex.s. c 21 § 184.]
79.96.904 Effective date—1982 1st ex.s. c 21 §§ 176,
179. Sections 176 (amending RCW 79.01.525) and 179
(creating a new section providing for an aquatic lands joint
legislative committee) of this act are necessary for the
immediate preservation of the public peace, health and
safety, the support of the state government and its existing
public institutions, and shall take effect immediately. [1982
1st ex.s. c 21 § 185.]
79.96.905 Effective date—1982 1st ex.s. c 21.
Except as provided in RCW 79.96.904, this act shall take
effect July 1, 1983. [1982 1st ex.s. c 21 § 186.]
79.96.906 Intensive management plan for
geoducks—Evaluation of program—Report—1984 c 221.
The department of natural resources may enter into agreements with the department of fish and wildlife for the
development of an intensive management plan for geoducks
including the development and operation of a geoduck
hatchery.
(2002 Ed.)
79.96.130
Findings.
Definitions.
Chapter not exclusive remedy.
Authority of authorized public entity—Owner retains
primary responsibility.
Obtaining custody of vessel.
Use or disposal of vessel.
Reimbursement for costs.
Contract with private company/individual.
Chapter not exclusive.
Contest custody/reimbursement—Lawsuit.
Derelict vessel removal account.
Severability—2002 c 286.
Effective date—2002 c 286.
79.100.005 Findings. (Effective January 1, 2003.)
The legislature finds that there has been an increase in the
number of derelict and abandoned vessels that are either
grounded or anchored upon publicly or privately owned
submerged lands. These vessels are public nuisances and
safety hazards as they often pose hazards to navigation,
detract from the aesthetics of Washington’s waterways, and
threaten the environment with the potential release of
hazardous materials. The legislature further finds that the
costs associated with the disposal of derelict and abandoned
vessels are substantial, and that in many cases there is no
way to track down the current vessel owners in order to seek
compensation. As a result, the costs associated with the
removal of derelict vessels becomes a burden on public
entities and the taxpaying public. [2002 c 286 § 1.]
79.100.010 Definitions. (Effective January 1, 2003.)
The definitions in this section apply throughout this chapter
unless the context clearly requires otherwise.
(1) "Abandoned vessel" means the vessel’s owner is not
known or cannot be located, or if the vessel’s owner is
known and located but is unwilling to take control of the
vessel, and the vessel has been left, moored, or anchored in
the same area without the express consent, or contrary to the
rules, of the owner, manager, or lessee of the aquatic lands
below or on which the vessel is located for either a period
of more than thirty consecutive days or for more than a total
of ninety days in any three hundred sixty-five day period.
For the purposes of this subsection (1) only, "in the same
area" means within a radius of five miles of any location
where the vessel was previously moored or anchored on
aquatic lands.
[Title 79 RCW—page 109]
79.100.010
Title 79 RCW: Public Lands
(2) "Aquatic lands" means all tidelands, shorelands,
harbor areas, and the beds of navigable waters, including
lands owned by the state and lands owned by other public or
private entities.
(3) "Authorized public entity" includes any of the
following: The department of natural resources; the department of fish and wildlife; the parks and recreation commission; a metropolitan park district; a port district; and any
city, town, or county with ownership, management, or
jurisdiction over the aquatic lands where an abandoned or
derelict vessel is located.
(4) "Department" means the department of natural
resources.
(5) "Derelict vessel" means the vessel’s owner is known
and can be located, and exerts control of a vessel that:
(a) Has been moored, anchored, or otherwise left in the
waters of the state or on public property contrary to RCW
79.01.760 or rules adopted by an authorized public entity;
(b) Has been left on private property without authorization of the owner; or
(c) Has been left for a period of seven consecutive days,
and:
(i) Is sunk or in danger of sinking;
(ii) Is obstructing a waterway; or
(iii) Is endangering life or property.
(6) "Owner" means any natural person, firm, partnership, corporation, association, government entity, or organization that has a lawful right to possession of a vessel by
purchase, exchange, gift, lease, inheritance, or legal action
whether or not the vessel is subject to a security interest.
(7) "Vessel" has the same meaning as defined in RCW
53.08.310. [2002 c 286 § 2.]
79.100.020 Chapter not exclusive remedy. (Effective January 1, 2003.) This chapter is not intended to limit
or constrain the ability and authority of the authorized public
entities to enact and enforce ordinances or other regulations
relating to derelict and abandoned vessels, or to take any
actions authorized by federal or state law in responding to
derelict or abandoned vessels. This chapter is also not
intended to be the sole remedy available to authorized public
entities against the owners of derelict and abandoned vessels.
[2002 c 286 § 3.]
79.100.030 Authority of authorized public entity—
Owner retains primary responsibility. (Effective January
1, 2003.) (1) An authorized public entity has the authority,
subject to the processes and limitations of this chapter, to
store, strip, use, auction, sell, salvage, scrap, or dispose of an
abandoned or derelict vessel found on or above aquatic lands
within the jurisdiction of the authorized public entity. A
vessel disposal must be done in an environmentally sound
manner and in accordance with all federal, state, and local
laws, including the state solid waste disposal provisions
provided for in chapter 70.95 RCW. Scuttling or sinking of
a vessel is only permissible after obtaining the express
permission of the owner or owners of the aquatic lands
below where the scuttling or sinking would occur, and
obtaining all necessary state and federal permits or licenses.
(2) The primary responsibility to remove a derelict or
abandoned vessel belongs to the owner, operator, or lessee
[Title 79 RCW—page 110]
of the moorage facility or the aquatic lands where the vessel
is located. If the authorized public entity with the primary
responsibility is unwilling or unable to exercise the authority
granted by this section, it may request the department to
assume the authorized public entity’s authority for a particular vessel. The department may at its discretion assume the
authorized public entity’s authority for a particular vessel
after being requested to do so. For vessels not at a moorage
facility, an authorized public entity with jurisdiction over the
aquatic lands where the vessel is located may, at its discretion, request to assume primary responsibility for that
particular vessel from the owner of the aquatic lands where
the vessel is located.
(3) The authority granted by this chapter is permissive,
and no authorized public entity has a duty to exercise the
authority. No liability attaches to an authorized public entity
that chooses not to exercise this authority. [2002 c 286 § 4.]
79.100.040 Obtaining custody of vessel. (Effective
January 1, 2003.) (1) Prior to exercising the authority
granted in RCW 79.100.030, the authorized public entity
must first obtain custody of the vessel. To do so, the authorized public entity must:
(a) Mail notice of its intent to obtain custody, at least
twenty days prior to taking custody, to the last known
address of the previous owner to register the vessel in any
state or with the federal government and to any lien holders
or secured interests on record. A notice need not be sent to
the purported owner or any other person whose interest in
the vessel is not recorded with a state or federal agency;
(b) Post notice of its intent clearly on the vessel for
thirty days and publish its intent at least once, more than ten
days but less than twenty days prior to taking custody, in a
newspaper of general circulation for the county in which the
vessel is located; and
(c) Post notice of its intent on the department’s internet
web site on a page specifically designated for such notices.
If the authorized public entity is not the department, the
department must facilitate the internet posting.
(2) All notices sent, posted, or published in accordance
with this section must, at a minimum, explain the intent of
the authorized public entity to take custody of the vessel, the
rights of the authorized public entity after taking custody of
the vessel as provided in RCW 79.100.030, the procedures
the owner must follow in order to avoid custody being taken
by the authorized public entity, the procedures the owner
must follow in order to reclaim possession after custody is
taken by the authorized public entity, and the financial
liabilities that the owner may incur as provided for in RCW
79.100.060.
(3) If a vessel is in immediate danger of sinking,
breaking up, or blocking navigational channels, and the
owner of the vessel cannot be located or is unwilling to assume responsibility for the vessel, an authorized public entity
may tow, beach, or otherwise take temporary possession of
the vessel. Before taking temporary possession of the vessel,
the authorized public entity must make reasonable attempts
to consult with the department and the United States coast
guard to ensure that other remedies are not available. The
basis for taking temporary possession of the vessel must be
set out in writing by the authorized public entity within
(2002 Ed.)
Derelict Vessels
79.100.040
seven days of taking action and be submitted to the owner,
if known, as soon thereafter as is reasonable. Immediately
after taking possession of the vessel, the authorized public
entity must initiate the notice provisions in subsection (1) of
this section. The authorized public entity must complete the
notice requirements of subsection (1) of this section before
using or disposing of the vessel as authorized in RCW
79.100.050. [2002 c 286 § 5.]
reasonable attorneys’ fees and costs incurred by the authorized public entity. [2002 c 286 § 7.]
79.100.050 Use or disposal of vessel. (Effective
January 1, 2003.) (1) After taking custody of a vessel, the
authorized public entity may use or dispose of the vessel in
any appropriate and environmentally sound manner without
further notice to any owners, but must give preference to
uses that derive some monetary benefit from the vessel,
either in whole or in scrap. If no value can be derived from
the vessel, the authorized public entity must give preference
to the least costly, environmentally sound, reasonable
disposal option. Any disposal operations must be consistent
with the state solid waste disposal provisions provided for in
chapter 70.95 RCW.
(2) If the authorized public entity chooses to offer the
vessel at a public auction, either a minimum bid may be set
or a letter of credit may be required, or both, to discourage
future reabandonment of the vessel.
(3) Proceeds derived from the sale of the vessel must
first be applied to any administrative costs that are incurred
by the authorized public entity during the notification
procedures set forth in RCW 79.100.040, removal and
disposal costs, and costs associated with environmental
damages directly or indirectly caused by the vessel. If the
proceeds derived from the vessel exceed all administrative
costs, removal and disposal costs, and costs associated with
environmental damages directly or indirectly caused by the
vessel, the remaining moneys must be applied to satisfying
any liens registered against the vessel.
(4) Any value derived from a vessel greater than all
liens and costs incurred reverts to the derelict vessel removal
account established in RCW 79.100.100. [2002 c 286 § 6.]
79.100.080 Chapter not exclusive. (Effective
January 1, 2003.) The rights granted by this chapter are in
addition to any other legal rights an authorized public entity
may have to obtain title to, remove, recover, sell, or dispose
of an abandoned or derelict vessel, and in no way does this
chapter alter those rights, or affect the priority of other liens
on a vessel. [2002 c 286 § 9.]
79.100.060 Reimbursement for costs. (Effective
January 1, 2003.) (1) The owner of an abandoned or
derelict vessel is responsible for reimbursing an authorized
public entity for all reasonable and auditable costs associated
with the removal or disposal of the owner’s vessel under this
chapter. These costs include, but are not limited to, costs
incurred exercising the authority granted in RCW
79.100.030, all administrative costs incurred by the authorized public entity during the procedure set forth in RCW
79.100.040, removal and disposal costs, and costs associated
with environmental damages directly or indirectly caused by
the vessel.
(2) Reimbursement for costs may be sought from an
owner who is identified subsequent to the vessel’s removal
and disposal.
(3) If the full amount of all costs due to the authorized
public entity under this chapter is not paid to the authorized
public entity within thirty days after first notifying the
responsible parties of the amounts owed, the authorized
public entity or the department may bring an action in any
court of competent jurisdiction to recover the costs, plus
(2002 Ed.)
79.100.070 Contract with private company/individual. (Effective January 1, 2003.) An authorized
public entity may enter into a contract with a private
company or individual to carry out the authority granted in
this chapter. [2002 c 286 § 8.]
79.100.090 Contest custody/reimbursement—
Lawsuit. (Effective January 1, 2003.) A person seeking to
redeem a vessel that is in the custody of an authorized public
entity may commence a lawsuit to contest the authorized
public entity’s decision to take custody of the vessel or to
contest the amount of reimbursement owed. The lawsuit
must be commenced in the superior court of the county in
which the vessel existed when custody was taken by the
authorized public entity. The lawsuit must be commenced
within twenty days of the date the authorized public entity
took custody of the vessel under RCW 79.100.040, or the
right to a hearing is deemed waived and the vessel’s owner
is liable for any costs owed the authorized public entity. In
the event of litigation, the prevailing party is entitled to
reasonable attorneys’ fees and costs. [2002 c 286 § 10.]
79.100.100 Derelict vessel removal account. (Effective January 1, 2003.) (1) The derelict vessel removal
account is created in the state treasury. All receipts from
RCW 79.100.050 and 79.100.060 and those moneys specified in RCW 88.02.030 and 88.02.050 must be deposited
into the account. Moneys in the account may only be spent
after appropriation. Expenditures from the account shall be
used by the department to reimburse authorized public
entities for seventy-five percent of the total reasonable and
auditable administrative, removal, disposal, and environmental damage costs of abandoned or derelict vessels when the
previous owner is either unknown after a reasonable search
effort or insolvent. During the 2001-2003 biennium, up to
forty percent of the expenditures from the account may be
used for administrative expenses of the department of licensing and department of natural resources in implementing
this chapter. In each subsequent biennium, up to twenty
percent of the expenditures from the account may be used
for administrative expenses of the department of licensing
and department of natural resources in implementing this
chapter.
(2) If the balance of the account reaches one million
dollars as of March 1st of any year, the department must
notify the department of licensing and the collection of any
fees associated with this account must be suspended for the
following fiscal year.
(3) Priority for use of this account is for the removal of
derelict and abandoned vessels that are in danger of sinking,
[Title 79 RCW—page 111]
79.100.100
Title 79 RCW: Public Lands
breaking up, or blocking navigation channels, or that present
environmental risks such as leaking fuel or other hazardous
substances. The department must develop criteria, in the
form of informal guidelines, to prioritize removal projects
associated with this chapter, but may not consider whether
the applicant is a state or local entity when prioritizing. The
guidelines must also include guidance to the authorized
public entities as to what removal activities and associated
costs are reasonable and eligible for reimbursement.
(4) The department must keep all authorized public
entities apprized of the balance of the derelict vessel removal
account and the funds available for reimbursement. The
guidelines developed by the department must also be made
available to the other authorized public entities. This
subsection (4) must be satisfied by utilizing the least costly
method, including maintaining the information on the
department’s internet web site, or any other cost-effective
method.
(5) An authorized public entity may contribute its
twenty-five percent of costs that are not eligible for reimbursement by using in-kind services, including the use of
existing staff, equipment, and volunteers.
(6) This chapter does not guarantee reimbursement for
an authorized public entity. Authorized public entities
seeking certainty in reimbursement prior to taking action
under this chapter may first notify the department of their
proposed action and the estimated total costs. Upon notification by an authorized public entity, the department must
make the authorized public entity aware of the status of the
fund and the likelihood of reimbursement being available.
The department may offer technical assistance and assure
reimbursement for up to two years following the removal
action if an assurance is appropriate given the balance of the
fund and the details of the proposed action. [2002 c 286 §
11.]
79.100.900 Severability—2002 c 286. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [2002 c 286 § 25.]
79.100.901 Effective date—2002 c 286. This act
takes effect January 1, 2003. [2002 c 286 § 26.]
[Title 79 RCW—page 112]
(2002 Ed.)
Title 79A
PUBLIC RECREATIONAL LANDS
Chapters
79A.05 Parks and recreation commission.
79A.10 Outdoor recreational facilities.
79A.15 Acquisition of habitat conservation and outdoor recreation lands.
79A.20 Wildlife and recreation lands—Funding of
maintenance and operations.
79A.25 Interagency committee for outdoor recreation.
79A.30 Washington state horse park.
79A.35 Washington state recreation trails system.
79A.40 Conveyances for persons in recreational activities.
79A.45 Skiing and commercial ski activity.
79A.50 Public lands for state or city parks.
79A.55 Scenic river system.
79A.60 Regulation of recreational vessels.
79A.65 Commission moorage facilities.
79A.70 State parks gift foundation.
79A.05.130
Chapter 79A.05
PARKS AND RECREATION COMMISSION
79A.05.210
79A.05.215
79A.05.220
Sections
79A.05.010
79A.05.015
79A.05.020
79A.05.025
79A.05.030
79A.05.035
79A.05.040
79A.05.045
79A.05.050
79A.05.055
79A.05.060
79A.05.065
79A.05.070
79A.05.075
79A.05.080
79A.05.085
79A.05.090
79A.05.095
79A.05.100
79A.05.105
79A.05.110
79A.05.115
79A.05.120
79A.05.125
(2002 Ed.)
79A.05.135
79A.05.140
79A.05.145
79A.05.150
79A.05.155
79A.05.160
79A.05.165
79A.05.170
79A.05.175
79A.05.178
79A.05.180
79A.05.185
79A.05.190
79A.05.195
79A.05.200
79A.05.205
79A.05.225
Definitions.
Commission created—Composition—Compensation
and expenses.
Duties of commission.
Chair—Meetings—Quorum.
Powers and duties—Mandatory.
Additional powers and duties.
Director’s duties.
Waste reduction and recycling.
Community restitution for littering in state parks—
Policy and procedures.
Additional powers and duties.
Parks improvement account—Transfers to state parks
renewal and stewardship account.
Park passes—Eligibility.
Further powers—Director of parks and recreation—
Salaries.
Delegation of commission’s powers and duties to
director.
Lease of park lands for television stations.
Lease of park lands for television stations—Lease
rental rates, terms—Attachment of antennae.
Exemption of persons over sixty-five from fees for
collection in state parks of wood debris for personal use.
Donations of land for park purposes.
Bequests and donations of money.
Withdrawal of granted lands on public highways.
Withdrawal of other lands—Exchange for lands on
highway.
Cross-state trail facility.
Cross-state trail—Transfer of lands in Milwaukee Road
corridor.
Cross-state trail—Rail line franchise negotiations by
department of transportation.
79A.05.230
79A.05.235
79A.05.240
79A.05.245
79A.05.250
79A.05.255
79A.05.260
79A.05.265
79A.05.270
79A.05.275
79A.05.280
79A.05.285
79A.05.290
79A.05.300
79A.05.305
79A.05.310
79A.05.315
79A.05.320
79A.05.325
79A.05.330
79A.05.335
79A.05.340
Cross-state trail account—Land acquisition—Rules
describing trail.
Dedication as parks and parkways.
Permits for improvement of parks—Limitations.
Application for permit.
Plans and specifications.
Surety bond.
Police powers vested in commission and employees.
Penalties.
Transfer of surplus land—Reversionary clause required—Release—Parkland acquisition account.
Disposal of land not needed for park purposes.
Real property disposal—Disputed land—Manner—
Notice and hearing—Suit for noncompliance.
Exchange of state land by commission—Public notice—News release—Hearing—Procedure.
Small boat facilities for Puget Sound authorized.
Recreational metal detectors—Available land.
Identification of historic archaeological resources in
state parks—Plan—Availability of land for use by
recreational metal detectors.
Certain tidelands transferred to commission.
Certain tidelands transferred to commission—Access
to and from tidelands.
Sale of state trust lands—Terms and conditions.
State parks renewal and stewardship account.
Trust lands—Periodic review to identify parcels appropriate for transfer to commission.
Winter recreational facilities—Commission duties—
Liability.
Winter recreational area parking permits—Fee—
Expiration.
Winter recreational program account—Deposit of
parking permit fees—Winter recreation programs
by public and private agencies.
Winter recreational parking areas—Restriction of overnight parking.
Penalty for violation of RCW 79A.05.240 or
46.61.585.
Winter recreational parking areas—Rules.
Winter recreation advisory committee—Generally.
Sun Lakes state park—"Vic Meyers Golf Course"
designation—"Vic Meyers Lake" designation.
Hostels—Legislative declaration of intent.
"Hostel" defined.
Hostels—Authority of political subdivisions to establish.
Hostels—Commission authorized to accept grants or
moneys for the support thereof—Rules required.
Land evaluation, acquisition.
Acquisition of land held by department of natural
resources.
Establishment of urban area state parks by parks and
recreation commission.
Declaration of policy—Lands for public park purposes.
Powers and duties—Program of boating safety education—Casualty and accident reporting program.
Milwaukee Road corridor—Transfer of management
control to commission.
Milwaukee Road corridor—Duties.
Milwaukee Road corridor—Additional duties.
Recreation trail on Milwaukee Road corridor.
Environmental interpretation—Authority of commission.
Environmental interpretation—Scope of activities.
[Title 79A RCW—page 1]
Chapter 79A.05
79A.05.345
79A.05.350
Title 79A RCW: Public Recreational Lands
Environmental interpretation—Assistance from other
organizations.
Senior environmental corps—Commission powers and
duties.
GREEN RIVER GORGE CONSERVATION AREA
79A.05.700
79A.05.705
79A.05.710
UNDERWATER PARKS
79A.05.355
79A.05.360
79A.05.370
79A.05.375
Underwater parks—Lead agency.
Underwater parks—Authority to establish—Powers
and duties.
Underwater parks—Diverse recreational opportunity.
Underwater parks—Liability.
WATER TRAIL RECREATION PROGRAM
79A.05.380
79A.05.385
79A.05.390
79A.05.395
79A.05.400
79A.05.405
79A.05.410
79A.05.415
79A.05.420
Water
Water
Water
Water
Water
Water
Water
Water
Water
trail
trail
trail
trail
trail
trail
trail
trail
trail
recreation program—Created.
recreation program—Powers and duties.
recreation program—Grants.
recreation program—Liability.
recreation program—Permits.
recreation program—Account created.
recreation program—Rules.
recreation program—Violation.
advisory committee.
79A.05.715
MOUNT SI CONSERVATION AREA
79A.05.725
79A.05.730
79A.05.735
79A.05.740
79A.05.745
79A.05.510
79A.05.515
79A.05.520
79A.05.525
79A.05.530
79A.05.535
79A.05.540
79A.05.545
Declaration of purpose.
Youth development and conservation division established—Supervisory personnel.
Composition of youth corps—Qualifications, conditions, period of enrollment, etc.
Compensation—Quarters—Hospital services, etc.
Laws relating to hours, conditions of employment,
civil service, etc., not applicable.
Expenditures, gifts, government surplus materials.
Agreements with private persons to enroll additional
people—Commercial activities prohibited—
Authorized closures of area.
Agreements with and acceptance of grants from federal
government authorized.
Agreements with and acceptance of grants from federal
government authorized—Length of enrollment and
compensation in accordance with federal standards
authorized.
Conservation corps.
SEASHORE CONSERVATION AREA
79A.05.600
79A.05.605
79A.05.610
79A.05.615
79A.05.620
79A.05.625
79A.05.630
79A.05.635
79A.05.640
79A.05.645
79A.05.650
79A.05.655
79A.05.660
79A.05.665
79A.05.670
79A.05.675
79A.05.680
79A.05.685
79A.05.688
79A.05.690
79A.05.693
79A.05.695
Declaration of principles.
Seashore conservation area—Established.
Jurisdiction over and administration of area.
Principles and purposes to be followed in administering area.
Cooperation and assistance of federal, state, and local
agencies.
Powers and authority of department of fish and wildlife not interfered with.
Sale, lease, and disposal of lands within the Seashore
Conservation Area.
Ocean beach recreation management plans—
Cooperative program.
Definitions.
Local recreation management plans.
Reservation for pedestrian use—Restrictions on motorized traffic.
Areas reserved for pedestrian use—Exception.
Public vehicles.
Land adjoining national wildlife refuges and state
parks—Pedestrian use—Exception.
Consultation with government agencies required.
Compliance with federal and state laws required.
Hearings.
Adoption of plans—Approval—Procedure.
Appeal.
Cooperation for law enforcement.
Ocean beaches in Seashore Conservation Area declared
public highways.
Amendments to plan—Approval—Procedure.
[Title 79A RCW—page 2]
Legislative declaration.
"Mt. Si conservation area"—Created.
Mt. Si conservation area—Management.
Mt. Si conservation area—Valuation of included lands.
Eminent domain—Use prohibited.
WASHINGTON STATE YAKIMA RIVER CONSERVATION AREA
79A.05.750
79A.05.755
79A.05.760
79A.05.765
YOUTH DEVELOPMENT AND CONSERVATION CORPS
79A.05.500
79A.05.505
Declaration.
Green River Gorge conservation area created.
Acquisition of real property, easements, or rights authorized.
Acquisition of real property, easements, or rights authorized—Rights of other state agencies not to be
infringed upon.
79A.05.770
79A.05.775
79A.05.780
79A.05.785
79A.05.790
79A.05.793
79A.05.795
Legislative declaration.
"Washington State Yakima river conservation area"—
Created.
Yakima river conservation area—Size prescribed.
Yakima river conservation area—Authority of Yakima
county commissioners.
Yakima river conservation area—Land acquisition.
Intent to preserve river wetlands in their natural state.
Yakima river conservation area—Consultation between
commission and Yakima county commissioners.
Yakima river conservation area—Interagency committee for outdoor recreation directed to assist
Yakima county commissioners.
County or city zoning and/or permitted land uses not
affected.
Department of fish and wildlife, fish and wildlife
commission—Powers, duties, and authority—No
hunting in any state park.
Acquisition of real property, etc., of another agency by
Yakima county commissioners—Agency approval
required.
79A.05.010 Definitions. The definitions in this
section apply throughout this title unless the context clearly
requires otherwise.
(1) "Commission" means the state parks and recreation
commission.
(2) "Chair" means the member of the commission
elected pursuant to RCW 79A.05.025.
(3) "Director" and "director of the state parks and
recreation commission" mean the director of parks and
recreation or the director’s designee.
(4) "Recreation" means those activities of a voluntary
and leisure time nature that aid in promoting entertainment,
pleasure, play, relaxation, or instruction.
(5) "Natural forest" means a forest that faithfully
represents, or is meant to become representative of, its
unaltered state. [1999 c 249 § 101.]
Severability—1999 c 249: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 249 § 1901.]
79A.05.015 Commission created—Composition—
Compensation and expenses. There is hereby created a
"state parks and recreation commission" consisting of seven
citizens of the state. The members of the commission shall
be appointed by the governor by and with the advice and
consent of the senate and shall serve for a term of six years,
expiring on December 31st of even-numbered years, and
until their successors are appointed. In case of a vacancy,
(2002 Ed.)
Parks and Recreation Commission
the governor shall fill the vacancy for the unexpired term of
the commissioner whose office has become vacant.
In making the appointments to the commission, the
governor shall choose citizens who understand park and
recreation needs and interests. No person shall serve if he
or she holds any elective or full-time appointive state,
county, or municipal office. Members of the commission
shall be compensated in accordance with RCW 43.03.240
and in addition shall be allowed their travel expenses
incurred while absent from their usual places of residence in
accordance with RCW 43.03.050 and 43.03.060.
Payment of expenses pertaining to the operation of the
commission shall be made upon vouchers certified to by
such persons as shall be designated by the commission.
[1999 c 249 § 201; 1984 c 287 § 82; 1975-’76 2nd ex.s. c
34 § 116; 1969 ex.s. c 31 § 1; 1965 ex.s. c 132 § 1; 1965 c
8 § 43.51.020. Prior: 1947 c 271 § 1; 1945 c 36 § 1; 1921
c 7 § 10; RRS § 10768. Formerly RCW 43.51.020.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
79A.05.020 Duties of commission. In addition to
whatever other duties may exist in law or be imposed in the
future, it is the duty of the commission to:
(1) Implement integrated pest management practices and
regulate pests as required by RCW 17.15.020;
(2) Take steps necessary to control spartina and purple
loosestrife as required by RCW 17.26.020;
(3) Participate in the implementation of chapter 19.02
RCW;
(4) Coordinate planning and provide staffing and
administrative assistance to the Lewis and Clark trail
committee as required by *RCW 27.34.340;
(5) Administer those portions of chapter 46.10 RCW not
dealing with registration and licensing of snowmobiles as
required by RCW 46.10.210;
(6) Consult and participate in the scenic and recreational
highway system as required by chapter 47.39 RCW; and
(7) Develop, prepare, and distribute information relating
to marine oil recycling tanks and sewage holding tank
pumping stations, in cooperation with other departments, as
required by chapter 88.02 RCW.
The commission has the power reasonably necessary to
carry out these duties. [1999 c 249 § 301.]
*Reviser’s note: RCW 27.34.340 was repealed by 1999 c 35 § 5.
See chapter 35, Laws of 1999 for the Lewis and Clark bicentennial advisory
committee.
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.025 Chair—Meetings—Quorum. The
commission shall elect one of its members as chair. The
commission may be convened at such times as the chair
deems necessary, and a majority shall constitute a quorum
for the transaction of business. [1999 c 249 § 202; 1965 c
8 § 43.51.030. Prior: 1947 c 271 § 3; RRS § 10768-2.
Formerly RCW 43.51.030.]
Severability—1999 c 249: See note following RCW 79A.05.010.
(2002 Ed.)
79A.05.015
79A.05.030 Powers and duties—Mandatory. The
commission shall:
(1) Have the care, charge, control, and supervision of all
parks and parkways acquired or set aside by the state for
park or parkway purposes.
(2) Adopt policies, and adopt, issue, and enforce rules
pertaining to the use, care, and administration of state parks
and parkways. The commission shall cause a copy of the
rules to be kept posted in a conspicuous place in every state
park to which they are applicable, but failure to post or keep
any rule posted shall be no defense to any prosecution for
the violation thereof.
(3) Permit the use of state parks and parkways by the
public under such rules as shall be adopted.
(4) Clear, drain, grade, seed, and otherwise improve or
beautify parks and parkways, and erect structures, buildings,
fireplaces, and comfort stations and build and maintain paths,
trails, and roadways through or on parks and parkways.
(5) Grant concessions or leases in state parks and
parkways, upon such rentals, fees, or percentage of income
or profits and for such terms, in no event longer than fifty
years, and upon such conditions as shall be approved by the
commission: PROVIDED, That leases exceeding a twentyyear term shall require a unanimous vote of the commission:
PROVIDED FURTHER, That if, during the term of any
concession or lease, it is the opinion of the commission that
it would be in the best interest of the state, the commission
may, with the consent of the concessionaire or lessee, alter
and amend the terms and conditions of such concession or
lease: PROVIDED FURTHER, That television station leases
shall be subject to the provisions of RCW 79A.05.085, only:
PROVIDED FURTHER, That the rates of such concessions
or leases shall be renegotiated at five-year intervals. No
concession shall be granted which will prevent the public
from having free access to the scenic attractions of any park
or parkway.
(6) Employ such assistance as it deems necessary.
Commission expenses relating to its use of volunteer
assistance shall be limited to premiums or assessments for
the insurance of volunteers by the department of labor and
industries, compensation of staff who assist volunteers,
materials and equipment used in authorized volunteer projects, training, reimbursement of volunteer travel as provided
in RCW 43.03.050 and 43.03.060, and other reasonable
expenses relating to volunteer recognition. The commission,
at its discretion, may waive commission fees otherwise
applicable to volunteers. The commission shall not use
volunteers to replace or supplant classified positions. The
use of volunteers may not lead to the elimination of any
employees or permanent positions in the bargaining unit.
(7) By majority vote of its authorized membership select
and purchase or obtain options upon, lease, or otherwise
acquire for and in the name of the state such tracts of land,
including shore and tide lands, for park and parkway
purposes as it deems proper. If the commission cannot
acquire any tract at a price it deems reasonable, it may, by
majority vote of its authorized membership, obtain title
thereto, or any part thereof, by condemnation proceedings
conducted by the attorney general as provided for the
condemnation of rights of way for state highways. Option
agreements executed under authority of this subsection shall
be valid only if:
[Title 79A RCW—page 3]
79A.05.030
Title 79A RCW: Public Recreational Lands
(a) The cost of the option agreement does not exceed
one dollar; and
(b) Moneys used for the purchase of the option agreement are from (i) funds appropriated therefor, or (ii) funds
appropriated for undesignated land acquisitions, or (iii) funds
deemed by the commission to be in excess of the amount
necessary for the purposes for which they were appropriated;
and
(c) The maximum amount payable for the property upon
exercise of the option does not exceed the appraised value of
the property.
(8) Cooperate with the United States, or any county or
city of this state, in any matter pertaining to the acquisition,
development, redevelopment, renovation, care, control, or
supervision of any park or parkway, and enter into contracts
in writing to that end. All parks or parkways, to which the
state contributed or in whose care, control, or supervision the
state participated pursuant to the provisions of this section,
shall be governed by the provisions hereof. [1999 c 249 §
302; 1999 c 155 § 1; 1999 c 59 § 1; 1989 c 175 § 106; 1980
c 89 § 1; 1979 c 10 § 4. Prior: 1977 ex.s. c 123 § 1; 1977
c 75 § 57; 1967 ex.s. c 90 § 1; 1965 c 8 § 43.51.040; prior:
1959 c 317 § 1; 1955 c 391 § 1; 1929 c 148 § 1; 1923 c 157
§ 1; 1921 c 149 § 2; RRS § 10942. Formerly RCW
43.51.040.]
Reviser’s note: This section was amended by 1999 c 59 § 1, 1999
c 155 § 1, and by 1999 c 249 § 302, each without reference to the other.
All amendments are incorporated in the publication of this section under
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
Inspection of recreational devices: Chapter 79A.40 RCW.
79A.05.035 Additional powers and duties. (1) The
commission shall:
(a) Manage timber and land under its jurisdiction to
maintain and enhance aesthetic and recreational values;
(b) Apply modern conservation practices to maintain
and enhance aesthetic, recreational, and ecological resources;
and
(c) Designate and preserve certain forest areas throughout the state as natural forests or natural areas for interpretation, study, and preservation purposes.
(2) Trees may be removed from state parks:
(a) When hazardous to persons, property, or facilities;
(b) As part of a park maintenance or development
project, or conservation practice;
(c) As part of a road or utility easement; or
(d) When damaged by a catastrophic forest event.
(3) Tree removal under subsection (2) of this section
shall be done by commission personnel, unless the personnel
lack necessary expertise. Except in emergencies and when
feasible, significant trees shall be removed only after they
have been marked or appraised by a professional forester.
The removal of significant trees from a natural forest may
take place only after a public hearing has been held, except
in emergencies.
(4) When feasible, felled timber shall be left on the
ground for natural purposes or used for park purposes
including, but not limited to, building projects, trail mulching, and firewood. In natural forest areas, first consideration
[Title 79A RCW—page 4]
shall be given to leaving timber on the ground for natural
purposes.
(5) The commission may issue permits to individuals
under RCW 4.24.210 and 79A.05.090 for the removal of
wood debris from state parks for personal firewood use.
(6) Only timber that qualifies for cutting or removal
under subsection (2) of this section may be sold. Timber
shall be sold only when surplus to the needs of the park.
(7) Net revenue derived from timber sales shall be
deposited in the state parks renewal and stewardship account
created in RCW 79A.05.215. [1999 c 249 § 303; 1984 c 82
§ 1; 1981 c 271 § 3. Formerly RCW 43.51.045.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.040 Director’s duties. In addition to other
duties the commission may from time to time impose, it is
the duty of the director to:
(1) Ensure the control of weeds in parks to the extent
required by RCW 17.04.160 and 17.10.205; and
(2) Participate in the operations of the environmental
enhancement and job creation task force under chapter
43.21J RCW.
The director has the power reasonably necessary to
carry out these duties. [1999 c 249 § 401.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.045 Waste reduction and recycling. (1) The
commission shall provide waste reduction and recycling
information in each state park campground and day-use area.
(2) The commission shall provide recycling receptacles
in the day-use and campground areas of at least forty state
parks. The receptacles shall be clearly marked for the
disposal of at least two of the following recyclable materials:
Aluminum, glass, newspaper, plastic, and tin. The commission shall endeavor to provide recycling receptacles in parks
that are near urban centers or in heavily used parks.
(3) The commission shall provide daily maintenance of
such receptacles from April through September of each year.
(4) The commission is authorized to enter into agreements with any person, company, or nonprofit organization
to provide for the collection and transport of recyclable
materials and related activities under this section. [1999 c
249 § 304; 1991 c 11 § 1. Formerly RCW 43.51.046.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Marinas and airports: RCW 70.93.095.
79A.05.050 Community restitution for littering in
state parks—Policy and procedures. (1) The commission
shall establish a policy and procedures for supervising and
evaluating community restitution activities that may be imposed under RCW 70.93.060(3) including a description of
what constitutes satisfactory completion of community
restitution.
(2) The commission shall inform each state park of the
policy and procedures regarding community restitution
activities, and each state park shall then notify the commission as to whether or not the park elects to participate in the
community restitution program. The commission shall
transmit a list notifying the district courts of each state park
that elects to participate. [2002 c 175 § 52; 1996 c 263 § 3.
Formerly RCW 43.51.048.]
(2002 Ed.)
Parks and Recreation Commission
Effective date—2002 c 175: See note following RCW 7.80.130.
79A.05.055 Additional powers and duties. The
commission may:
(1) Study and appraise parks and recreational needs of
the state and assemble and disseminate information relative
to parks and recreation;
(2) Make provisions for the publication and sale of
interpretive, recreational, and historical materials and
literature. Proceeds from such sales shall be directed to the
parks improvement account; and
(3) Coordinate the parks and recreational functions of
the various state departments, and cooperate with state and
federal agencies in the promotion of parks and recreational
opportunities. [1997 c 137 § 1; 1987 c 225 § 1; 1965 c 8 §
43.51.050. Prior: 1955 c 391 § 2; 1947 c 271 § 4; RRS §
10768-3. Formerly RCW 43.51.050.]
Effective date—1997 c 137: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 137 § 6.]
79A.05.060 Parks improvement account—Transfers
to state parks renewal and stewardship account. (1) The
parks improvement account is hereby established in the state
treasury.
(2) The commission shall deposit all moneys received
from the sale of interpretive, recreational, and historical
literature and materials in this account. Moneys in the
account may be spent only for development, production, and
distribution costs associated with literature and materials.
(3) Disbursements from the account shall be on the
authority of the director, or the director’s designee. The
account is subject to the allotment procedure provided under
chapter 43.88 RCW. No appropriation is required for
disbursement of moneys to be used for support of further
production of materials provided for in RCW 79A.05.055(2).
The director may transfer a portion of the moneys in this
account to the state parks renewal and stewardship account
and may expend moneys so transferred for any purpose
provided for in RCW 79A.05.215. [1999 c 249 § 402; 1997
c 137 § 2; 1987 c 225 § 2. Formerly RCW 43.51.052.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1997 c 137: See note following RCW 79A.05.055.
79A.05.065 Park passes—Eligibility. (1) The
commission shall grant to any person who meets the eligibility requirements specified in this section a senior citizen’s
pass which shall (a) entitle such person, and members of his
or her camping unit, to a fifty percent reduction in the
campsite rental fee prescribed by the commission, and (b)
entitle such person to free admission to any state park.
(2) The commission shall grant a senior citizen’s pass
to any person who applies for the same and who meets the
following requirements:
(a) The person is at least sixty-two years of age; and
(b) The person is a domiciliary of the state of Washington and meets reasonable residency requirements prescribed
by the commission; and
(c) The person and his or her spouse have a combined
income which would qualify the person for a property tax
exemption pursuant to RCW 84.36.381, as now law or here(2002 Ed.)
79A.05.050
after amended. The financial eligibility requirements of this
subparagraph (c) shall apply regardless of whether the
applicant for a senior citizen’s pass owns taxable property or
has obtained or applied for such property tax exemption.
(3) Each senior citizen’s pass granted pursuant to this
section is valid so long as the senior citizen meets the
requirements of subsection (2)(b) of this section. Notwithstanding, any senior citizen meeting the eligibility
requirements of this section may make a voluntary donation
for the upkeep and maintenance of state parks.
(4) A holder of a senior citizen’s pass shall surrender
the pass upon request of a commission employee when the
employee has reason to believe the holder fails to meet the
criteria in subsection (2)(a), (b), or (c) of this section. The
holder shall have the pass returned upon providing proof to
the satisfaction of the director of the parks and recreation
commission that the holder does meet the eligibility criteria
for obtaining the senior citizen’s pass.
(5) Any resident of Washington who is disabled as
defined by the social security administration and who
receives social security benefits for that disability, or any
other benefits for that disability from any other governmental
or nongovernmental source, or who is entitled to benefits for
permanent disability under RCW 71A.10.020(3) due to
unemployability full time at the minimum wage, or who is
legally blind or profoundly deaf, or who has been issued a
card, decal, or special license plate for a permanent disability
under RCW 46.16.381 shall be entitled to receive, regardless
of age and upon making application therefor, a disability
pass at no cost to the holder. The pass shall (a) entitle such
person, and members of his or her camping unit, to a fifty
percent reduction in the campsite rental fee prescribed by the
commission, and (b) entitle such person to free admission to
any state park.
(6) A card, decal, or special license plate issued for a
permanent disability under RCW 46.16.381 may serve as a
pass for the holder to entitle that person and members of the
person’s camping unit to a fifty percent reduction in the
campsite rental fee prescribed by the commission, and to
allow the holder free admission to state parks.
(7) Any resident of Washington who is a veteran and
has a service-connected disability of at least thirty percent
shall be entitled to receive a lifetime veteran’s disability pass
at no cost to the holder. The pass shall (a) entitle such
person, and members of his or her camping unit, to free use
of any campsite within any state park; (b) entitle such person
to free admission to any state park; and (c) entitle such
person to an exemption from any reservation fees.
(8) All passes issued pursuant to this section shall be
valid at all parks any time during the year: PROVIDED,
That the pass shall not be valid for admission to concessionaire operated facilities.
(9) This section shall not affect or otherwise impair the
power of the commission to continue or discontinue any
other programs it has adopted for senior citizens.
(10) The commission shall adopt such rules as it finds
appropriate for the administration of this section. Among
other things, such rules shall prescribe a definition of
"camping unit" which will authorize a reasonable number of
persons traveling with the person having a pass to stay at the
campsite rented by such person, a minimum Washington
residency requirement for applicants for a senior citizen’s
[Title 79A RCW—page 5]
79A.05.065
Title 79A RCW: Public Recreational Lands
pass and an application form to be completed by applicants
for a senior citizen’s pass. [1999 c 249 § 305; 1997 c 74 §
1; 1989 c 135 § 1; 1988 c 176 § 909; 1986 c 6 § 1; 1985 c
182 § 1; 1979 ex.s. c 131 § 1; 1977 ex.s. c 330 § 1.
Formerly RCW 43.51.055.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Severability—1988 c 176: See RCW 71A.10.900.
79A.05.070 Further powers—Director of parks and
recreation—Salaries. The commission may:
(1) Make rules and regulations for the proper administration of its duties;
(2) Accept any grants of funds made with or without a
matching requirement by the United States, or any agency
thereof, for purposes in keeping with the purposes of this
chapter; accept gifts, bequests, devises and endowments for
purposes in keeping with such purposes; enter into cooperative agreements with and provide for private nonprofit
groups to use state park property and facilities to raise
money to contribute gifts, grants, and support to the commission for the purposes of this chapter. The commission may
assist the nonprofit group in a cooperative effort by providing necessary agency personnel and services, if available.
However, none of the moneys raised may inure to the
benefit of the nonprofit group, except in furtherance of its
purposes to benefit the commission as provided in this
chapter. The agency and the private nonprofit group shall
agree on the nature of any project to be supported by such
gift or grant prior to the use of any agency property or
facilities for raising money. Any such gifts may be in the
form of recreational facilities developed or built in part or in
whole for public use on agency property, provided that the
facility is consistent with the purposes of the agency;
(3) Require certification by the commission of all parks
and recreation workers employed in state aided or state
controlled programs;
(4) Act jointly, when advisable, with the United States,
any other state agencies, institutions, departments, boards, or
commissions in order to carry out the objectives and responsibilities of this chapter;
(5) Grant franchises and easements for any legitimate
purpose on parks or parkways, for such terms and subject to
such conditions and considerations as the commission shall
specify;
(6) Charge such fees for services, utilities, and use of
facilities as the commission shall deem proper;
(7) Enter into agreements whereby individuals or
companies may rent undeveloped parks or parkway land for
grazing, agricultural, or mineral development purposes upon
such terms and conditions as the commission shall deem
proper, for a term not to exceed ten years;
(8) Determine the qualifications of and employ a
director of parks and recreation who shall receive a salary as
fixed by the governor in accordance with the provisions of
RCW 43.03.040 and determine the qualifications and salary
of and employ such other persons as may be needed to carry
out the provisions hereof; and
(9) Without being limited to the powers hereinbefore
enumerated, the commission shall have such other powers as
in the judgment of a majority of its members are deemed
necessary to effectuate the purposes of this chapter: PRO[Title 79A RCW—page 6]
VIDED, That the commission shall not have power to
supervise directly any local park or recreation district, and
no funds shall be made available for such purpose. [1999 c
249 § 307; 1995 c 211 § 3; 1993 c 156 § 1; 1987 c 225 § 3;
1980 c 89 § 2; 1969 c 99 § 1; 1965 c 8 § 43.51.060. Prior:
1961 c 307 § 12; 1955 c 391 § 3; 1947 c 271 § 5; RRS §
10768-4. Formerly RCW 43.51.060.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Findings—Intent—1995 c 211: "The legislature finds that during the
past fourteen years, the Washington state parks and recreation commission
has endured a steady erosion of general fund operating support, which has
caused park closures, staff reductions, and growing backlog of deferred
maintenance projects. The legislature also finds that the growth of parks
revenue has been constrained by staff limitations and by transfers of that
revenue into the general fund.
The legislature intends to reverse the decline in operating support to
its state parks, stabilize the system’s level of general fund support, and
inspire system employees and park visitors to enhance these irreplaceable
resources and ensure their continuing availability to current and future state
citizens and visitors. To achieve these goals, the legislature intends to
dedicate park revenues to park operations, developing and renovating park
facilities, undertaking deferred maintenance, and improving park stewardship. The legislature clearly intends that such revenues shall complement,
not supplant, future general fund support." [1995 c 211 § 1.]
Effective date—1995 c 211: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 211 § 8.]
Severability—1995 c 211: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 211 § 9.]
Effective date—1969 c 99: "This 1969 amendatory act shall take
effect July 1, 1969." [1969 c 99 § 12.]
79A.05.075 Delegation of commission’s powers and
duties to director. No provision of law relating to the
commission shall prevent the commission from delegating to
the director such powers and duties of the commission as
they may deem proper. [1999 c 249 § 306; 1969 ex.s. c 31
§ 2. Formerly RCW 43.51.061.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.080 Lease of park lands for television
stations. The state parks and recreation commission is
hereby authorized to lease the use of such areas in Mount
Spokane state park, Steptoe Butte state park, Kamiak Butte
state park or any other state park for television stations as
the commission may decide are suitable for that purpose:
PROVIDED, That this authority shall not extend to school
lands or lands held by the state of Washington for educational purposes. [1965 c 8 § 43.51.062. Prior: 1953 c 39 § 1.
Formerly RCW 43.51.062.]
Validating—1953 c 39: "Any lease authorizing the use of any
portion of Mount Spokane state park for a television station which the state
parks and recreation commission has already made is hereby validated and
confirmed, and the parties thereto are bound by the terms thereof." [1953
c 39 § 2.]
Construction—1953 c 39: "The authority conferred by this act is in
addition to the powers and authority now conferred upon the state parks and
recreation commission, and this act shall not be construed to repeal or limit,
by implication or otherwise, any authority or power now conferred by law
upon the state parks and recreation commission." [1953 c 39 § 3.]
79A.05.085 Lease of park lands for television
stations—Lease rental rates, terms—Attachment of
(2002 Ed.)
Parks and Recreation Commission
antennae. The commission shall determine the fair market
value for television station leases based upon independent
appraisals and existing leases for television stations shall be
extended at said fair market rental for at least one period of
not more than twenty years: PROVIDED, That the rates in
said leases shall be renegotiated at five year intervals:
PROVIDED FURTHER, That said stations shall permit the
attachment of antennae of publicly operated broadcast and
microwave stations where electronically practical to combine
the towers: PROVIDED FURTHER, That notwithstanding
any term to the contrary in any lease, this section shall not
preclude the commission from prescribing new and reasonable lease terms relating to the modification, placement or
design of facilities operated by or for a station, and any
extension of a lease granted under this section shall be
subject to this proviso: PROVIDED FURTHER, That
notwithstanding any other provision of law the director in his
discretion may waive any requirement that any environmental impact statement or environmental assessment be submitted as to any lease negotiated and signed between January 1,
1974 and December 31, 1974. [1974 ex.s. c 151 § 1.
Formerly RCW 43.51.063.]
79A.05.090 Exemption of persons over sixty-five
from fees for collection in state parks of wood debris for
personal use. Persons over the age of sixty-five are exempt
from any permit or other administrative fee imposed by the
commission for the collection of wood debris in state parks,
if such wood is for personal use. [1983 c 193 § 1. Formerly RCW 43.51.065.]
79A.05.095 Donations of land for park purposes.
The commission may receive and accept donations of lands
for state park purposes, and shall be responsible for the management and control of all lands so acquired. It may from
time to time recommend to the legislature the acquisition of
lands for park purposes by purchase or condemnation. [1999
c 249 § 901; 1965 c 8 § 43.51.070. Prior: 1913 c 113 § 2;
RRS § 10940. Formerly RCW 43.51.070.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.100 Bequests and donations of money. The
commission may receive in trust any money donated or
bequeathed to it, and carry out the terms of such donation or
bequest, or, in the absence of such terms, expend the same
as it may deem advisable for park or parkway purposes.
Money so received shall be deposited in the state parks
renewal and stewardship account. [1997 c 137 § 3; 1969 c
99 § 2; 1965 c 8 § 43.51.090. Prior: 1923 c 157 § 2; 1921
c 149 § 3; RRS § 10943. Formerly RCW 43.51.090.]
Effective date—1997 c 137: See note following RCW 79A.05.055.
79A.05.105 Withdrawal of granted lands on public
highways. Inasmuch as the value of land with standing
timber is increasing and will continue to increase from year
to year and no loss will be caused to the common school
fund or other fund into which the proceeds of the sale of any
land held by the state would be paid by postponing the sale
thereof, the commissioner of public lands may, upon his own
motion, and shall, when directed so to do by the state parks
and recreation commission, withdraw from sale any land
(2002 Ed.)
79A.05.085
held by the state abutting on any public highway and certify
to the commission that such land is withheld from sale
pursuant to the terms of this section.
Such lands shall not be sold until directed by the
legislature, and shall in the meantime be under the care,
charge, control, and supervision of the commission. [1965
c 8 § 43.51.100. Prior: 1921 c 149 § 4; RRS § 10944.
Formerly RCW 43.51.100.]
79A.05.110 Withdrawal of other lands—Exchange
for lands on highway. The commissioner of public lands
may, upon his or her own motion, and shall, when directed
so to do by the commission, withdraw from sale any land
held by the state and not acquired directly from the United
States with reservations as to the manner of sale thereof and
the purposes for which it may be sold, and certify to the
commission that such land is withheld from sale pursuant to
the terms of this section.
All such land shall be under the care, charge, control,
and supervision of the commission, and after appraisal in
such manner as the commission directs may be exchanged
for land of equal value, and to this end the chair and secretary of the commission may execute deeds of conveyance
in the name of the state. [1999 c 249 § 902; 1965 c 8 §
43.51.110. Prior: 1921 c 149 § 5; RRS § 10945. Formerly
RCW 43.51.110.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.115 Cross-state trail facility. (Contingent
expiration date.) (1) The commission shall develop and
maintain a cross-state trail facility with appropriate appurtenances.
(2) This section expires July 1, 2006, if the department
of transportation does not enter into a franchise agreement
for a rail line over portions of the Milwaukee Road corridor
by July 1, 2006. [1999 c 301 § 1; 1996 c 129 § 2. Formerly RCW 43.51.112.]
Effective date—1999 c 301: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 13, 1999]." [1999 c 301 § 6.]
Intent—1996 c 129: "The legislature intends to complete a crossstate trail system while maintaining long-term ownership of the Milwaukee
Road corridor. In order to accomplish this, it will be beneficial to change
the management and control of certain portions of the Milwaukee Road
corridor currently managed and controlled by several state agencies and to
provide a franchise to establish and maintain a rail line. It is the intent of
the legislature that if a franchise is not agreed upon, no changes in the
current management and control shall occur." [1996 c 129 § 1.]
Effective date—1996 c 129: "This act takes effect July 1, 1996."
[1996 c 129 § 10.]
Severability—1996 c 129: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 129 § 12.]
79A.05.120 Cross-state trail—Transfer of lands in
Milwaukee Road corridor. (Contingent expiration date.)
(1) To facilitate completion of a cross-state trail under the
management of the parks and recreation commission,
management and control of lands known as the Milwaukee
Road corridor shall be transferred between state agencies as
[Title 79A RCW—page 7]
79A.05.120
Title 79A RCW: Public Recreational Lands
follows on the date a franchise agreement is entered into for
a rail line over portions of the Milwaukee Road corridor:
(a) Portions owned by the state between Ellensburg and
the Columbia river that are managed by the parks and
recreation commission are transferred to the department of
transportation;
(b) Portions owned by the state between the west side
of the Columbia river and Royal City Junction and between
Warden and Lind that are managed by the department of
natural resources are transferred to the department of transportation; and
(c) Portions owned by the state between Lind and the
Idaho border that are managed by the department of natural
resources are transferred to the parks and recreation commission.
(2) The department of natural resources and the parks
and recreation commission may by mutual agreement
transfer the management authority over portions of the
Milwaukee Road corridor between their two respective
agencies without legislative approval if the portion transferred does not exceed ten miles in length.
(3) This section expires July 1, 2006, and no transfers
shall occur if the department of transportation does not enter
into a franchise agreement for a rail line over portions of the
Milwaukee Road corridor by July 1, 2006. [1999 c 301 § 2;
1996 c 129 § 3. Formerly RCW 43.51.1121.]
(g) Compliance with environmental standards; and
(h) Provisions for insurance and the coverage of
liability.
(2) The franchise may provide for periodic review of
financial arrangements under the franchise.
(3) The department of transportation, in consultation
with the parks and recreation commission and the legislative
transportation committee, shall negotiate the terms of the
franchise, and shall present the agreement to the parks and
recreation commission for approval of as to terms and provisions affecting the cross-state trail or affecting the commission.
(4) This section expires July 1, 2006, if the department
of transportation does not enter into a franchise agreement
for a rail line over portions of the Milwaukee Road corridor
by July 1, 2006. [1999 c 301 § 3; 1996 c 129 § 4. Formerly RCW 43.51.113.]
Effective date—1999 c 301: See note following RCW 79A.05.115.
Intent—Effective date—Severability—1996 c 129: See notes
following RCW 79A.05.115.
Effective date—1999 c 301: See note following RCW 79A.05.115.
Review and approval of franchise—Report to the legislature: "(1)
Before entering into a final agreement to issue a franchise negotiated in
accordance with RCW 43.51.113, the department of transportation shall
submit the franchise to the legislative transportation committee for review
and approval.
(2) If the department of transportation has not entered into a final
agreement to franchise a rail line over portions of the Milwaukee Road
corridor by December 1, 1998, a report of the progress and obstacles to
such an agreement shall be made. The report shall be submitted by
December 15, 1998, to appropriate committees of the legislature." [1996 c
129 § 6.]
Intent—Effective date—Severability—1996 c 129: See notes
following RCW 79A.05.115.
79A.05.125 Cross-state trail—Rail line franchise
negotiations by department of transportation. (Contingent expiration date.) (1) The department of transportation
shall negotiate a franchise with a rail carrier to establish and
maintain a rail line over portions of the Milwaukee Road
corridor owned by the state between Ellensburg and Lind.
The department of transportation may negotiate such a
franchise with any qualified rail carrier. Criteria for negotiating the franchise and establishing the right of way include:
(a) Assurances that resources from the franchise will be
sufficient to compensate the state for use of the property,
including completion of a cross-state trail between Easton
and the Idaho border;
(b) Types of payment for use of the franchise, including
payment for the use of federally granted trust lands in the
transportation corridor;
(c) Standards for maintenance of the line;
(d) Provisions ensuring that both the conventional and
intermodal rail service needs of local shippers are met. Such
accommodations may comprise agreements with the franchisee to offer or maintain adequate service or to provide
service by other carriers at commercially reasonable rates;
(e) Provisions requiring the franchisee, upon reasonable
request of any other rail operator, to provide rail service and
interchange freight over what is commonly known as the
Stampede Pass rail line from Cle Elum to Auburn at commercially reasonable rates;
(f) If any part of the franchise agreement is invalidated
by actions or rulings of the federal surface transportation
board or a court of competent jurisdiction, the remaining
portions of the franchise agreement are not affected;
79A.05.130 Cross-state trail account—Land acquisition—Rules describing trail. (Contingent expiration date.)
(1) The cross-state trail account is created in the custody of
the state treasurer. Eleven million five hundred thousand
dollars is provided to the state parks and recreation commission to acquire, construct, and maintain a cross-state trail.
This amount may consist of: (a) Legislative appropriations
intended for trail development; (b) payments for the purchase
of federally granted trust lands; and (c) franchise fees
derived from use of the rail corridor. The legislature intends
that any amounts provided from the transportation fund are
to be repaid to the transportation fund from franchise fees.
(2) The department shall deposit franchise fees from use
of the rail corridor according to the following priority: (a)
To the department of transportation for actual costs incurred
in administering the franchise; (b) to the department of
natural resources as compensation for use of federally
granted trust lands in the rail corridor; (c) to the transportation fund to reimburse any amounts transferred or appropriated from that fund by the legislature for trail development;
(d) to the cross-state trail account, not to exceed eleven
million five hundred thousand dollars, provided that this
amount shall be reduced proportionate with any funds transferred or appropriated by the 1996 legislature or paid from
franchise fees for the purchase of federally granted trust
lands or for trail development; and (e) the remainder to the
essential rail assistance account, created under RCW
47.76.250. Expenditures from the cross-state trail account
may be used only for the acquisition, development, operation, and maintenance of the cross-state trail. Only the
director of the state parks and recreation commission or the
[Title 79A RCW—page 8]
(2002 Ed.)
Parks and Recreation Commission
director’s designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but no appropriation is required
for expenditures.
(3) The commission may acquire land from willing
sellers for the cross-state trail, but not by eminent domain.
(4) The commission shall adopt rules describing the
cross-state trail.
(5) This section expires July 1, 2006, if the department
of transportation does not enter into a franchise agreement
for a rail line over portions of the Milwaukee Road corridor
by July 1, 2006. [1999 c 301 § 4; 1996 c 129 § 5. Formerly RCW 43.51.114.]
Effective date—1999 c 301: See note following RCW 79A.05.115.
Intent—Effective date—Severability—1996 c 129: See notes
following RCW 79A.05.115.
79A.05.135 Dedication as parks and parkways. All
state parks and parkways, subject to the provisions of this
chapter are set apart and dedicated as public parks and
parkways for the benefit and enjoyment of all the people of
this state. [1965 c 8 § 43.51.120. Prior: 1921 c 149 § 6;
RRS § 10946. Formerly RCW 43.51.120.]
79A.05.140 Permits for improvement of parks—
Limitations. The state parks and recreation commission
may grant permits to individuals, groups, churches, charities,
organizations, agencies, clubs, or associations to improve any
state park or parkway, or any lands belonging to the state
and withdrawn from sale under the provisions of this
chapter. These improvements shall not interfere with access
to or use of such public lands or facilities by the general
public and shall benefit the public in terms of safety,
recreation, aesthetics, or wildlife or natural area preservation.
These improvements on public lands and facilities shall be
for the use of all members of the general public. [1999 c 59
§ 2; 1982 c 156 § 1; 1965 c 8 § 43.51.130. Prior: 1929 c
83 § 1; RRS § 10946-1. Formerly RCW 43.51.130.]
79A.05.145 Application for permit. Any such
individual, group, organization, agency, club, or association
desiring to obtain such permit shall make application therefor
in writing to the commission, describing the lands proposed
to be improved and stating the nature of the proposed
improvement. [1999 c 59 § 3; 1982 c 156 § 2; 1965 c 8 §
43.51.140. Prior: 1929 c 83 § 2; RRS § 10946-2. Formerly
RCW 43.51.140.]
79A.05.150 Plans and specifications. If the state
parks and recreation commission determines that the proposed improvement will substantially alter a park, parkway,
or park land, it shall require the applicant to submit detailed
plans and specifications of the proposed improvement,
which, as submitted, or as modified by the state parks and
recreation commission, shall be incorporated in the permit
when granted. [1982 c 156 § 3; 1965 c 8 § 43.51.150.
Prior: 1929 c 83 § 3; RRS § 10946-3. Formerly RCW
43.51.150.]
79A.05.130
the secretary of state a bond payable to the state, in such
penal sum as the commission shall require, with good and
sufficient sureties to be approved by the commission,
conditioned that the grantee of the permit will make the
improvement in accordance with the plans and specifications
contained in the permit, and, in case the improvement is
made upon lands withdrawn from sale under the provisions
of RCW 79A.05.105, will pay into the state treasury to the
credit of the fund to which the proceeds of the sale of such
lands would belong, the appraised value of all merchantable
timber and material on the land, destroyed, or used in
making such improvement. [2000 c 11 § 31; 1982 c 156 §
4; 1965 c 8 § 43.51.160. Prior: 1929 c 83 § 4; RRS §
10946-4. Formerly RCW 43.51.160.]
79A.05.160 Police powers vested in commission and
employees. The members of the state parks and recreation
commission and such of its employees as the commission
may designate shall be vested with police powers to enforce
the laws of this state. [1965 c 8 § 43.51.170. Prior: 1921
c 149 § 7; RRS § 10947. Formerly RCW 43.51.170.]
79A.05.165 Penalties. Every person who:
(1) Cuts, breaks, injures, destroys, takes, or removes any
tree, shrub, timber, plant, or natural object in any park or
parkway except in accordance with such rules as the commission may prescribe; or
(2) Kills, or pursues with intent to kill, any bird or
animal in any park or parkway; or
(3) Takes any fish from the waters of any park or
parkway, except in conformity with such general rules as the
commission may prescribe; or
(4) Willfully mutilates, injures, defaces, or destroys any
guidepost, notice, tablet, fence, inclosure, or work for the
protection or ornamentation of any park or parkway; or
(5) Lights any fire upon any park or parkway, except in
such places as the commission has authorized, or willfully or
carelessly permits any fire which he or she has lighted or
which is under his or her charge, to spread or extend to or
burn any of the shrubbery, trees, timber, ornaments, or improvements upon any park or parkway, or leaves any
campfire which he or she has lighted or which has been left
in his or her charge, unattended by a competent person,
without extinguishing it; or
(6) Places within any park or parkway or affixes to any
object therein contained, without a written license from the
commission, any word, character, or device designed to
advertise any business, profession, article, thing, exhibition,
matter, or event; or
(7) Violates any rule adopted, promulgated, or issued by
the commission pursuant to the provisions of this chapter;
shall be guilty of a misdemeanor unless the commission has
specified by rule, when not inconsistent with applicable statutes, that violation of the rule is an infraction under chapter
7.84 RCW. [1997 c 214 § 1; 1987 c 380 § 15; 1965 c 8 §
43.51.180. Prior: 1921 c 149 § 8; RRS § 10948. Formerly
RCW 43.51.180.]
Effective date—Severability—1987 c 380: See RCW 7.84.900 and
7.84.901.
79A.05.155 Surety bond. If the commission determines it necessary, the applicant shall execute and file with
(2002 Ed.)
[Title 79A RCW—page 9]
79A.05.170
Title 79A RCW: Public Recreational Lands
79A.05.170 Transfer of surplus land—Reversionary
clause required—Release—Parkland acquisition account.
(1) Any lands owned by the state parks and recreation
commission, which are determined to be surplus to the needs
of the state for development for state park purposes and
which the commission proposes to deed to a local government or other entity, shall be accompanied by a clause
requiring that if the land is not used for outdoor recreation
purposes, ownership of the land shall revert to the state
parks and recreation commission.
(2) The state parks and recreation commission, in cases
where land subject to such a reversionary clause is proposed
for use or disposal for purposes other than recreation, shall
require that, if the land is surplus to the needs of the
commission for park purposes at the time the commission
becomes aware of its proposed use for nonrecreation
purposes, the holder of the land or property shall reimburse
the commission for the release of the reversionary interest in
the land. The reimbursement shall be in the amount of the
fair market value of the reversionary interest as determined
by a qualified appraiser agreeable to the commission.
Appraisal costs shall be borne by the local entity which
holds title to the land.
(3) Any funds generated under a reimbursement under
this section shall be deposited in the parkland acquisition
account which is hereby created in the state treasury.
Moneys in this account are to be used solely for the purchase or acquisition of property for use as state park property by the commission, as directed by the legislature; all such
funds shall be subject to legislative appropriation. [1991
sp.s. c 13 § 23; 1985 c 57 § 33; 1984 c 87 § 1. Formerly
RCW 43.51.200.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
79A.05.175 Disposal of land not needed for park
purposes. Whenever the commission finds that any land
under its control cannot advantageously be used for park
purposes, it is authorized to dispose of such land by the
method provided in this section or by the method provided
in RCW 79A.05.170. If such lands are school or other grant
lands, control thereof shall be relinquished by resolution of
the commission to the proper state officials. If such lands
were acquired under restrictive conveyances by which the
state may hold them only so long as they are used for park
purposes, they may be returned to the donor or grantors by
the commission. All other such lands may be either sold by
the commission to the highest bidder or exchanged for other
lands of equal value by the commission, and all conveyance
documents shall be executed by the governor. All such
exchanges shall be accompanied by a transfer fee, to be set
by the commission and paid by the other party to the
transfer; such fee shall be paid into the parkland acquisition
account established under RCW 79A.05.170. Sealed bids on
all sales shall be solicited at least twenty days in advance of
the sale date by an advertisement appearing at least once a
week for two consecutive weeks in a newspaper of general
circulation in the county in which the land to be sold is
located. If the commission feels that no bid received adequately reflects the fair value of the land to be sold, it may
[Title 79A RCW—page 10]
reject all bids, and may call for new bids. All proceeds
derived from the sale of such park property shall be paid
into the park land acquisition account. All land considered
for exchange shall be evaluated by the commission to
determine its adaptability to park usage. The equal value of
all lands exchanged shall first be determined by the appraisals to the satisfaction of the commission. No sale or
exchange of state park lands shall be made without the
unanimous consent of the commission. [1999 c 249 § 601;
1998 c 42 § 1; 1984 c 87 § 2; 1971 ex.s. c 246 § 1; 1969 c
99 § 3; 1965 c 8 § 43.51.210. Prior: 1953 c 64 § 1; 1947
c 261 § 1; RRS § 10951a. Formerly RCW 43.51.210.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.178 Real property disposal—Disputed
land—Manner—Notice and hearing—Suit for noncompliance. (1) Notwithstanding any other provision of this
chapter, the commission may directly dispose of up to ten
contiguous acres of real property, without public auction, to
resolve trespass, property ownership disputes, and boundary
adjustments with adjacent private property owners. Real
property to be disposed of under this section may be
disposed of only after appraisal and for at least fair market
value, and only if the transaction is in the best interest of the
state. The commission shall cooperate with potential
purchasers to arrive at a mutually agreeable sales price. If
necessary, determination of fair market value may include
the use of separate independent appraisals by each party and
the review of the appraisals, as agreed upon by the parties.
All conveyance documents shall be executed by the governor. All proceeds from the disposal of the property shall be
paid into the park land acquisition account. No disposal of
real property may be made without the unanimous consent
of the commission.
(2) Prior to the disposal of any real property under
subsection (1) of this section, the commission shall hold a
public hearing on the proposal in the county where the real
property, or the greatest portion of the real property, is
located. At least ten days, but not more than twenty-five
days, prior to the hearing, the commission shall publish a
paid public notice of reasonable size in display advertising
form, setting forth the date, time, and place of the hearing,
at least once in one or more daily newspapers of general
circulation in the county and at least once in one or more
weekly newspapers circulated in the area where the real
property is located. A news release concerning the public
hearing must be disseminated among print and electronic
media in the area where the real property is located. The
public notice and news release shall also identify the real
property involved in the proposed disposal and describe the
purpose of the proposed disposal. A summary of the
testimony presented at the public hearing shall be prepared
for the commission’s consideration when reviewing the proposed disposal of real property.
(3) If there is a failure to substantially comply with the
procedures set out under this section, then the agreement to
dispose of the real property is subject to being declared
invalid by a court of competent jurisdiction. Such a suit
must be brought within one year of the date of the real property disposal agreement. [2000 c 42 § 1.]
(2002 Ed.)
Parks and Recreation Commission
79A.05.180 Exchange of state land by commission—
Public notice—News release—Hearing—Procedure.
Before the director of parks and recreation presents a
proposed exchange to the parks and recreation commission
involving an exchange of state land pursuant to this chapter,
the director shall hold a public hearing on the proposal in the
county where the state lands or the greatest proportion
thereof is located. Ten days but not more than twenty-five
days prior to such hearing, the director shall publish a paid
public notice of reasonable size in display advertising form,
setting forth the date, time, and place of the hearing, at least
once in one or more daily newspapers of general circulation
in the county and at least once in one or more weekly
newspapers circulated in the area where the state owned land
is located. A news release pertaining to the hearing shall be
disseminated among printed and electronic media in the area
where the state land is located. The public notice and news
release also shall identify lands involved in the proposed
exchange and describe the purposes of the exchange and
proposed use of the lands involved. A summary of the
testimony presented at the hearings shall be prepared for the
commission’s consideration when reviewing the director’s
exchange proposal. If there is a failure to substantially
comply with the procedures set forth in this section, then the
exchange agreement shall be subject to being declared invalid by a court. Any such suit must be brought within one
year from the date of the exchange agreement. [1998 c 42
§ 2; 1975 1st ex.s. c 107 § 1. Formerly RCW 43.51.215.]
Exchange of land under control of department of natural resources,
procedure: RCW 79.08.015.
79A.05.185 Small boat facilities for Puget Sound
authorized. To encourage the development of the Puget
Sound country as a recreational boating area, the commission
is authorized to establish landing, launch ramp, and other
facilities for small pleasure boats at places on Puget Sound
frequented by such boats and where the commission shall
find such facilities will be of greatest advantage to the users
of pleasure boats. The commission is authorized to acquire
land or to make use of lands belonging to the state for such
purposes, and to construct the necessary floats, launch ramp,
and other desirable structures and to make such further
development of any area used in connection therewith as in
the judgment of the commission is best calculated to facilitate the public enjoyment thereof. [1999 c 249 § 904; 1965
c 8 § 43.51.220. Prior: 1949 c 154 § 1; RRS § 10768-4d.
Formerly RCW 43.51.220.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.190 Recreational metal detectors—Available
land. (1) By September 1, 1997, the commission shall
increase the area available for use by recreational metal
detectors by at least two hundred acres.
(2) Beginning September 1, 1998, and each year
thereafter until August 31, 2003, the commission shall
increase the area of land available for use by recreational
metal detectors by at least fifty acres. [1997 c 150 § 2.
Formerly RCW 43.51.235.]
Intent—1997 c 150: "It is the intent of the legislature that those
significant historic archaeological resources on state park lands that are of
importance to the history of our state, or its communities, be protected for
the people of the state. At the same time, the legislature also recognizes
(2002 Ed.)
79A.05.180
that the recreational use of metal detectors in state parks is a legitimate form
of recreation that can be compatible with the protection of significant
historic archaeological resources." [1997 c 150 § 1.]
79A.05.195 Identification of historic archaeological
resources in state parks—Plan—Availability of land for
use by recreational metal detectors. (1) The commission
shall develop a cost-effective plan to identify historic
archaeological resources in at least one state park containing
a military fort located in Puget Sound. The plan shall
include the use of a professional archaeologist and volunteer
citizens.
(2) Any park land that is made available for use by
recreational metal detectors under this section shall count
toward the requirements established in RCW 79A.05.190.
[1999 c 249 § 905; 1997 c 150 § 3. Formerly RCW
43.51.237.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.200 Certain tidelands transferred to commission. The powers, functions, and duties heretofore
exercised by the department of fish and wildlife, or its director, respecting the management, control, and operation of the
following enumerated tidelands, which are presently suitable
for public recreational use, are hereby transferred to the
parks and recreation commission which shall also have
respecting such tidelands all the powers conferred by this
chapter, as now or hereafter amended, respecting parks and
parkways:
Parcel No. 1. (Toandos Peninsula) The tidelands of the
second class, owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lots 1, 2, and 3,
section 5, lots 1, 2, and 3, section 4, and lot 1, section 3, all
in township 25 north, range 1 west, W.M., with a frontage
of 158.41 lineal chains, more or less.
Parcel No. 2. (Shine) The tidelands of the second class,
owned by the state of Washington, situate in front of,
adjacent to, or abutting upon lots 1, 2, 3 and that portion of
lot 4 lying north of the south 8.35 chains thereof as measured along the government meander line, all in section 35,
township 28 north, range 1 east, W.M., with a frontage of
76.70 lineal chains, more or less.
Subject to an easement for right of way for county road
granted to Jefferson county December 8, 1941 under
application No. 1731, records of department of public lands.
Parcel No. 3. (Mud Bay - Lopez Island) The tidelands
of the second class, owned by the state of Washington
situate in front of, adjacent to, or abutting upon lots 5, 6 and
7, section 18, lot 5, section 7 and lots 3, 4, and 5, section 8,
all in township 34 north, range 1 west, W.M., with a
frontage of 172.11 lineal chains, more or less.
Excepting, however, any tideland of the second class in
front of said lot 3, section 8 conveyed through deeds issued
April 14, 1909 pursuant to the provisions of chapter 24,
Laws of 1895 under application No. 4985, records of department of public lands.
Parcel No. 4. (Spencer Spit) The tidelands of the
second class, owned by the state of Washington, situate in
front of, adjacent to, or abutting upon lots 1, 3, and 4,
section 7, and lot 5, section 18 all in township 35 north,
range 1 west, W.M., with a frontage of 118.80 lineal chains,
more or less.
[Title 79A RCW—page 11]
79A.05.200
Title 79A RCW: Public Recreational Lands
Parcel No. 5. (Lilliwaup) The tidelands of the second
class, owned by the state of Washington, lying easterly of
the east line of vacated state oyster reserve plat No. 133
produced southerly and situate in front of, adjacent to or
abutting upon lot 9, section 30, lot 8, section 19 and lot 5
and the south 20 acres of lot 4, section 20, all in township
23 north, range 3 west, W.M., with a frontage of 62.46 lineal
chains, more or less. [2000 c 11 § 32; 1967 ex.s. c 96 § 1.
Formerly RCW 43.51.240.]
Severability—1967 ex.s. c 96: "If any provision of this 1967 act, or
its application to any person or circumstance is held invalid, the remainder
of this 1967 act, or the application of the provision to other persons or
circumstances is not affected." [1967 ex.s. c 96 § 3.]
Certain tidelands reserved for recreational use: RCW 79.94.390.
79A.05.205 Certain tidelands transferred to commission—Access to and from tidelands. The state parks
and recreation commission may take appropriate action to
provide public and private access, including roads and docks,
to and from the tidelands described in RCW 79A.05.200.
[2000 c 11 § 33; 1967 ex.s. c 96 § 2. Formerly RCW
43.51.250.]
79A.05.210 Sale of state trust lands—Terms and
conditions. (1) The department of natural resources and the
commission shall have authority to negotiate sales to the
commission, for park and outdoor recreation purposes, of
trust lands at fair market value.
(2) The department of natural resources and the commission shall negotiate a sale to the commission of the lands
and timber thereon identified in the joint study under section
4, chapter 163, Laws of 1985, and commonly referred to as
the Point Lawrence trust property, San Juan county — on
the extreme east point of Orcas Island. Timber conservation
and management practices provided for in RCW 79A.05.035
and 79A.05.305 shall govern the management of land and
timber transferred under this subsection as of the effective
date of the transfer, upon payment for the property, and
nothing in this chapter shall be construed as restricting or
otherwise modifying the department of natural resources’
management, control, or use of such land and timber until
such date. [1999 c 249 § 906; 1995 c 211 § 4; 1992 c 185
§ 1; 1988 c 79 § 1; 1987 c 466 § 1; 1985 c 163 § 1; 1981
c 271 § 1; 1980 c 4 § 1; 1971 ex.s. c 210 § 1. Formerly
RCW 43.51.270.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Findings—Intent—Effective date—Severability—1995 c 211: See
notes following RCW 79A.05.070.
Withdrawal of state trust lands for park and recreational purpose: RCW
79A.50.080 through 79A.50.100.
79A.05.215 State parks renewal and stewardship
account. The state parks renewal and stewardship account
is created in the state treasury. Except as otherwise provided
in this chapter, all receipts from user fees, concessions,
leases, and other state park-based activities shall be deposited
into the account. Expenditures from the account may be
used for operating state parks, developing and renovating
park facilities, undertaking deferred maintenance, enhancing
park stewardship, and other state park purposes. Expenditures from the account may be made only after appropriation
[Title 79A RCW—page 12]
by the legislature. [1995 c 211 § 7. Formerly RCW 43.51.275.]
Findings—Intent—Effective date—Severability—1995 c 211: See
notes following RCW 79A.05.070.
79A.05.220 Trust lands—Periodic review to identify
parcels appropriate for transfer to commission. The
parks and recreation commission and the department of
natural resources may periodically conduct a joint review of
trust lands managed by the department to identify those
parcels which may be appropriate for transfer to the commission for public recreation purposes. [1987 c 466 § 3. Formerly RCW 43.51.285.]
Escheat land suitable for park purposes: RCW 79.01.612.
79A.05.225 Winter recreational facilities—
Commission duties—Liability. In addition to its other
powers, duties, and functions the commission may:
(1) Plan, construct, and maintain suitable facilities for
winter recreational activities on lands administered or
acquired by the commission or as authorized on lands
administered by other public agencies or private landowners
by agreement;
(2) Provide and issue upon payment of the proper fee,
under RCW 79A.05.230, 79A.05.240, and 46.61.585, with
the assistance of such authorized agents as may be necessary
for the convenience of the public, special permits to park in
designated winter recreational area parking spaces;
(3) Administer the snow removal operations for all
designated winter recreational area parking spaces; and
(4) Compile, publish, and distribute maps indicating
such parking spaces, adjacent trails, and areas and facilities
suitable for winter recreational activities.
The commission may contract with any public or private
agency for the actual conduct of such duties, but shall
remain responsible for the proper administration thereof.
The commission is not liable for unintentional injuries to
users of lands administered for winter recreation purposes
under this section or under RCW 46.10.210, whether the
lands are administered by the commission, by other public
agencies, or by private landowners through agreement with
the commission. Nothing in this section prevents the
liability of the commission for injuries sustained by a user
by reason of a known dangerous artificial latent condition for
which warning signs have not been conspicuously posted.
A road covered with snow and groomed for the purposes of
winter recreation consistent with this chapter and chapter
46.10 RCW shall not be presumed to be a known dangerous
artificial latent condition for the purposes of this chapter.
[1999 c 249 § 1401. Prior: 1990 c 136 § 2; 1990 c 49 § 2;
1982 c 11 § 1; 1975 1st ex.s. c 209 § 1. Formerly RCW
43.51.290.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Severability—1975 1st ex.s. c 209: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 209 § 9.]
79A.05.230 Winter recreational area parking
permits—Fee—Expiration. The fee for the issuance of
special winter recreational area parking permits shall be determined by the commission after consultation with the
winter recreation advisory committee. If the person making
(2002 Ed.)
Parks and Recreation Commission
application therefor is also the owner of a snowmobile
registered pursuant to chapter 46.10 RCW, there shall be no
fee for the issuance of an annual permit. All special winter
recreational area parking permits shall commence and expire
on the dates established by the commission. [1990 c 49 § 3;
1986 c 47 § 1; 1982 c 11 § 2; 1975 1st ex.s. c 209 § 2.
Formerly RCW 43.51.300.]
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
79A.05.235 Winter recreational program account—
Deposit of parking permit fees—Winter recreation
programs by public and private agencies. There is hereby
created the winter recreational program account in the state
treasury. Special winter recreational area parking permit
fees collected under this chapter shall be remitted to the state
treasurer to be deposited in the winter recreational program
account and shall be appropriated only to the commission for
nonsnowmobile winter recreation purposes including the
administration, acquisition, development, operation, planning,
and maintenance of winter recreation facilities and the
development and implementation of winter recreation, safety,
enforcement, and education programs. The commission may
accept gifts, grants, donations, or moneys from any source
for deposit in the winter recreational program account.
Any public agency in this state may develop and
implement winter recreation programs. The commission
may make grants to public agencies and contract with any
public or private agency or person to develop and implement
winter recreation programs. [1991 sp.s. c 13 § 6; 1985 c 57
§ 35; 1982 c 11 § 3; 1975 1st ex.s. c 209 § 3. Formerly
RCW 43.51.310.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
79A.05.240 Winter recreational parking areas—
Restriction of overnight parking. The commission may,
after consultation with the winter recreation advisory
committee, adopt rules and regulations prohibiting or
restricting overnight parking at any special state winter
recreational parking areas owned or administered by it.
Where such special state winter recreational parking areas
are administered by the commission pursuant to an agreement with other public agencies, such agreement may
provide for prohibition or restriction of overnight parking.
[1982 c 11 § 4; 1975 1st ex.s. c 209 § 4. Formerly RCW
43.51.320.]
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
79A.05.245 Penalty for violation of RCW
79A.05.240 or 46.61.585. See RCW 46.61.587.
79A.05.250 Winter recreational parking areas—
Rules. The commission may adopt such rules as are
necessary to implement and enforce RCW 79A.05.225
through 79A.05.240 and 46.61.585 after consultation with
the winter recreation advisory committee. [2000 c 11 § 34;
(2002 Ed.)
79A.05.230
1982 c 11 § 5; 1975 1st ex.s. c 209 § 7. Formerly RCW
43.51.330.]
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
79A.05.255 Winter recreation advisory committee—
Generally. (1) There is created a winter recreation advisory
committee to advise the parks and recreation commission in
the administration of this chapter and to assist and advise the
commission in the development of winter recreation facilities
and programs.
(2) The committee shall consist of:
(a) Six representatives of the nonsnowmobiling winter
recreation public appointed by the commission, including a
resident of each of the six geographical areas of this state
where nonsnowmobiling winter recreation activity occurs, as
defined by the commission.
(b) Three representatives of the snowmobiling public
appointed by the commission.
(c) One representative of the department of natural
resources, one representative of the department of fish and
wildlife, and one representative of the Washington state
association of counties, each of whom shall be appointed by
the director of the particular department or association.
(3) The terms of the members appointed under subsection (2)(a) and (b) of this section shall begin on October 1st
of the year of appointment and shall be for three years or
until a successor is appointed, except in the case of appointments to fill vacancies for the remainder of the unexpired
term: PROVIDED, That the first of these members shall be
appointed for terms as follows: Three members shall be
appointed for one year, three members shall be appointed for
two years, and three members shall be appointed for three
years.
(4) Members of the committee shall be reimbursed from
the winter recreational program account created by RCW
79A.05.235 for travel expenses as provided in RCW
43.03.050 and 43.03.060.
(5) The committee shall meet at times and places it
determines not less than twice each year and additionally as
required by the committee chair or by majority vote of the
committee. The chair of the committee shall be chosen
under procedures adopted by the committee. The committee
shall adopt any other procedures necessary to govern its
proceedings.
(6) The director of parks and recreation or the director’s
designee shall serve as secretary to the committee and shall
be a nonvoting member. [2000 c 48 § 1; 2000 c 11 § 35;
1994 c 264 § 19; 1990 c 49 § 1; 1989 c 175 § 107; 1988 c
36 § 16; 1987 c 330 § 1101; 1986 c 47 § 2; 1982 c 11 § 6;
1975 1st ex.s. c 209 § 8. Formerly RCW 43.51.340.]
Reviser’s note: This section was amended by 2000 c 11 § 35 and by
2000 c 48 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1989 c 175: See note following RCW 34.05.010.
Construction—Application of rules—Severability—1987 c 330:
See notes following RCW 28B.12.050.
Severability—1975 1st ex.s. c 209: See note following RCW
79A.05.225.
[Title 79A RCW—page 13]
79A.05.260
Title 79A RCW: Public Recreational Lands
79A.05.260 Sun Lakes state park—"Vic Meyers
Golf Course" designation—"Vic Meyers Lake" designation. The legislature hereby names the golf course located
at Sun Lakes State Park the "Vic Meyers Golf Course", and
Rainbow Lake shall be re-named "Vic Meyers Lake". The
state shall provide and install a proper marker in a suitable
location in the main activity area of the park which will set
forth the key role Victor Aloysius Meyers had in the
development of Sun Lakes State Park and the important part
he had for many years in the political and governmental
history of the state. In addition, the name hereby established
for the golf course shall be prominently displayed at the golf
course club house.
The legislature finds it appropriate to so honor Victor
Aloysius Meyers for his long and dedicated service to the
people of this state. [1977 ex.s. c 266 § 1. Formerly RCW
43.51.350.]
79A.05.265 Hostels—Legislative declaration of
intent. The legislature finds that there is a need for hostels
in the state for the safety and welfare of transient persons
with limited resources. It is the intent of RCW 79A.05.265
through 79A.05.275 that such facilities be established using
locally donated structures. It is the further intent of RCW
79A.05.265 through 79A.05.275 that the state dispense any
available federal or other moneys for such related projects
and provide assistance where possible. [2000 c 11 § 36;
1977 ex.s. c 281 § 1. Formerly RCW 43.51.360.]
79A.05.270 "Hostel" defined. For purposes of *this
chapter, "hostel" means a simple basic structure that serves
as a safe, low-cost accommodation for mobile people of all
ages from this country and abroad. [1977 ex.s. c 281 § 2.
Formerly RCW 43.51.365.]
*Reviser’s note: "This chapter" apparently refers to RCW 43.51.360
through 43.51.375; which were subsequently recodified as RCW 79A.05.265
through 79A.05.280 pursuant to 1999 c 249 § 1601.
79A.05.275 Hostels—Authority of political subdivisions to establish. Any political subdivision of the state is
authorized to establish hostels within its jurisdiction. The
facilities and services shall include, but not be limited to:
(1) Short term sleeping accommodations including
adequate restroom and bathing facilities; and
(2) Information and referral services, including, but not
limited to availability of employment and health services.
Details of operations and regulations, including the
establishment of appropriate fees to recover actual operating
and maintenance costs, shall be within the discretion of the
operating authority: PROVIDED, That the consumption of
alcoholic beverages or the possession or use of a controlled
substance in violation of chapter 69.50 RCW shall be
prohibited. [1977 ex.s. c 281 § 3. Formerly RCW
43.51.370.]
79A.05.280 Hostels—Commission authorized to
accept grants or moneys for the support thereof—Rules
required. The parks and recreation commission is authorized to accept grants or moneys from any federal or private
source for support of hostels. The commission at its
discretion is directed to apportion and transfer any such
[Title 79A RCW—page 14]
moneys to contracting agencies or political subdivisions
which operate hostels: PROVIDED, That the commission
shall establish rules and regulations for the operation of
hostels which are substantially similar to the operating
standards and customs established by the American Youth
Hostels Incorporated. [1977 ex.s. c 281 § 4. Formerly
RCW 43.51.375.]
79A.05.285 Land evaluation, acquisition. The
commission is authorized to evaluate and acquire land under
RCW 79.01.612 in cooperation with the department of natural resources. [1999 c 249 § 907.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.290 Acquisition of land held by department
of natural resources. The commission may select land held
by the department of natural resources for acquisition under
RCW 79A.50.010 et seq. [1999 c 249 § 908.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.300 Establishment of urban area state parks
by parks and recreation commission. For the reasons
specified in RCW 79A.25.250, the state parks and recreation
commission shall place a high priority on the establishment
of urban area state parks and shall revise its plan for future
state parks to achieve this priority. This section shall be
implemented by January 1, 1981. [2000 c 11 § 37; 1980 c
89 § 4. Formerly RCW 43.51.385.]
79A.05.305 Declaration of policy—Lands for public
park purposes. The legislature declares that it is the
continuing policy of the state of Washington to set aside and
manage certain lands within the state for public park
purposes. To comply with public park purposes, these lands
shall be acquired and managed to:
(1) Maintain and enhance ecological, aesthetic, and
recreational purposes;
(2) Preserve and maintain mature and old-growth forests
containing trees of over ninety years and other unusual
ecosystems as natural forests or natural areas, which may
also be used for interpretive purposes;
(3) Protect cultural and historical resources, locations,
and artifacts, which may also be used for interpretive
purposes;
(4) Provide a variety of recreational opportunities to the
public, including but not limited to use of developed recreation areas, trails, and natural areas;
(5) Preserve and maintain habitat which will protect and
promote endangered, threatened, and sensitive plants, and
endangered, threatened, and sensitive animal species; and
(6) Encourage public participation in the formulation
and implementation of park policies and programs. [1984 c
82 § 2. Formerly RCW 43.51.395.]
79A.05.310 Powers and duties—Program of boating
safety education—Casualty and accident reporting
program. The state parks and recreation commission shall:
(1) Coordinate a statewide program of boating safety
education using to the maximum extent possible existing
(2002 Ed.)
Parks and Recreation Commission
programs offered by the United States power squadron and
the United States coast guard auxiliary;
(2) Adopt rules in accordance with chapter 34.05 RCW,
consistent with United States coast guard regulations,
standards, and precedents, as needed for the efficient
administration and enforcement of this section;
(3) Enter into agreements aiding the administration of
this chapter;
(4) Adopt and administer a casualty and accident
reporting program consistent with United States coast guard
regulations;
(5) Adopt and enforce recreational boating safety rules,
including but not necessarily limited to equipment and
navigating requirements, consistent with United States coast
guard regulations;
(6) Coordinate with local and state agencies the development of biennial plans and programs for the enhancement
of boating safety, safety education, and enforcement of
safety rules and laws; allocate money appropriated to the
commission for these programs as necessary; and accept and
administer any public or private grants or federal funds
which are obtained for these purposes under chapter 43.88
RCW; and
(7) Take additional actions necessary to gain acceptance
of a program of boating safety for this state under the federal
boating safety act of 1971. [1998 c 245 § 66; 1994 c 151 §
3; 1984 c 183 § 4; 1983 2nd ex.s. c 3 § 52. Formerly RCW
43.51.400.]
Penalties for violations: RCW 88.02.110.
79A.05.315 Milwaukee Road corridor—Transfer of
management control to commission. (Contingent expiration date.) Except as provided in RCW 79A.05.120 and
79A.05.125, management control of the portion of the
Milwaukee Road corridor, beginning at the western terminus
near Easton and concluding at the west end of the bridge
structure over the Columbia river, which point is located in
section 34, township 16 north, range 23 east, W.M., inclusive of the northerly spur line therefrom, shall be transferred
by the department of natural resources to the state parks and
recreation commission at no cost to the commission. [2000
c 11 § 38; 1996 c 129 § 7; 1989 c 129 § 1; 1984 c 174 § 2.
Formerly RCW 43.51.405.]
Contingent expiration date—1996 c 129 §§ 7, 8: "Sections 7 and
8, chapter 129, Laws of 1996 expire July 1, 2006, if the department of
transportation does not enter into a franchise agreement for a rail line over
portions of the Milwaukee Road corridor by July 1, 2006." [1999 c 301 §
5; 1996 c 129 § 11.]
Intent—Effective date—Severability—1996 c 129: See notes
following RCW 79A.05.115.
Construction—1989 c 129: "Nothing in this act shall be construed
to affect any existing or reversionary interests in the real property lying
within the Milwaukee Road corridor." [1989 c 129 § 4.]
Purpose—1984 c 174: "The purpose of RCW 43.51.405 through
43.51.411 and 79.08.275 through 79.08.283 is to set forth the state’s policy
regarding the approximately two hundred thirteen-mile corridor of land
purchased by the state from the Milwaukee Railroad Company under section
17(21), chapter 143, Laws of 1981." [1984 c 174 § 1.]
79A.05.315 Milwaukee Road corridor—Transfer of
management control to commission. (Contingent effective
date.) Management control of the portion of the Milwaukee
Road corridor, beginning at the western terminus near Easton
(2002 Ed.)
79A.05.310
and concluding at the west end of the bridge structure over
the Columbia river, which point is located in section 34,
township 16 north, range 23 east, W.M., inclusive of the
northerly spur line therefrom, shall be transferred by the
department of natural resources to the state parks and
recreation commission at no cost to the commission. [1989
c 129 § 1; 1984 c 174 § 2. Formerly RCW 43.51.405.]
Construction—1989 c 129: "Nothing in this act shall be construed
to affect any existing or reversionary interests in the real property lying
within the Milwaukee Road corridor." [1989 c 129 § 4.]
Purpose—1984 c 174: "The purpose of RCW 43.51.405 through
43.51.411 and 79.08.275 through 79.08.283 is to set forth the state’s policy
regarding the approximately two hundred thirteen-mile corridor of land
purchased by the state from the Milwaukee Railroad Company under section
17(21), chapter 143, Laws of 1981." [1984 c 174 § 1.]
79A.05.320 Milwaukee Road corridor—Duties. The
state parks and recreation commission shall do the following
with respect to the portion of the Milwaukee Road corridor
under its control:
(1) Manage the corridor as a recreational trail except
when closed under RCW 79A.05.325;
(2) Close the corridor to hunting;
(3) Close the corridor to all motorized vehicles except:
(a) Emergency or law enforcement vehicles; (b) vehicles
necessary for access to utility lines; and (c) vehicles necessary for maintenance of the corridor, or construction of the
trail;
(4) Comply with legally enforceable conditions contained in the deeds for the corridor;
(5) Control weeds under the applicable provisions of
chapters 17.04, 17.06, and 17.10 RCW; and
(6) Clean and maintain culverts. [2000 c 11 § 39; 1987
c 438 § 39; 1984 c 174 § 3. Formerly RCW 43.51.407.]
Purpose—1984 c 174: See note following RCW 79A.05.315.
79A.05.325 Milwaukee Road corridor—Additional
duties. The state parks and recreation commission may do
the following with respect to the portion of the Milwaukee
Road corridor under its control:
(1) Enter into agreements to allow the realignment or
modification of public roads, farm crossings, water conveyance facilities, and other utility crossings;
(2) Regulate activities and restrict uses, including, but
not limited to, closing portions of the corridor to reduce fire
danger or protect public safety;
(3) Place hazard warning signs and close hazardous
structures;
(4) Renegotiate deed restrictions upon agreement with
affected parties; and
(5) Approve and process the sale or exchange of lands
or easements if such a sale or exchange will not adversely
affect the recreational potential of the corridor; and
(6) Manage the portion of the Milwaukee Road corridor
lying between the eastern corporate limits of the city of
Kittitas and the eastern end of the corridor under commission
control for recreational access limited to holders of permits
issued by the commission. The commission shall, for the
purpose of issuing permits for corridor use, adopt rules
necessary for the orderly and safe use of the corridor and the
protection of adjoining landowners, which may include restrictions on the total numbers of permits issued, numbers in
[Title 79A RCW—page 15]
79A.05.325
Title 79A RCW: Public Recreational Lands
a permitted group, and periods during which the corridor is
available for permitted users. The commission may increase
recreational management of this portion of the corridor and
eliminate the permit system as it determines in its discretion
based upon available funding and other resources. [1989 c
129 § 3; 1984 c 174 § 4. Formerly RCW 43.51.409.]
Construction—1989 c 129: See note following RCW 79A.05.315.
Purpose—1984 c 174: See note following RCW 79A.05.315.
79A.05.330 Recreation trail on Milwaukee Road
corridor. The state parks and recreation commission shall
identify opportunities and encourage volunteer work, private
contributions, and support from tax-exempt foundations to
develop, operate, and maintain the recreation trail on the
portion of the Milwaukee Road under its control. [1984 c
174 § 5. Formerly RCW 43.51.411.]
Purpose—1984 c 174: See note following RCW 79A.05.315.
79A.05.335 Environmental interpretation—
Authority of commission. The legislature finds that the
lands owned and managed by the state parks and recreation
commission are a significant collection of valuable natural,
historical, and cultural resources for the citizens of Washington state. The legislature further finds that if citizens
understand and appreciate the state park ecological resources,
they will come to appreciate and understand the ecosystems
and natural resources throughout the state. Therefore, the
state parks and recreation commission may increase the use
of its facilities and resources to provide environmental
interpretation throughout the state parks system. [1991 c 107
§ 1. Formerly RCW 43.51.415.]
79A.05.340 Environmental interpretation—Scope of
activities. The state parks and recreation commission may
provide environmental interpretative activities for visitors to
state parks that:
(1) Explain the functions, history, and cultural aspects
of ecosystems;
(2) Explain the relationship between human needs,
human behaviors and attitudes, and the environment; and
(3) Offer experiences and information to increase citizen
appreciation and stewardship of the environment and its
multiple uses. [1991 c 107 § 2. Formerly RCW 43.51.417.]
79A.05.345 Environmental interpretation—
Assistance from other organizations. The state parks and
recreation commission may consult and enter into agreements with and solicit assistance from private sector organizations and other governmental agencies that are interested
in conserving and interpreting Washington’s environment.
The commission shall not permit commercial advertising in
state park lands or interpretive centers as a condition of such
agreements. Logos or credit lines for sponsoring organizations may be permitted. The commission shall maintain an
accounting of all monetary gifts provided, and expenditures
of monetary gifts shall not be used to increase personnel.
[1991 c 107 § 3. Formerly RCW 43.51.419.]
79A.05.350 Senior environmental corps—
Commission powers and duties. (1) The parks and recre[Title 79A RCW—page 16]
ation commission shall have the following powers and duties
in carrying out its responsibilities for the senior environmental corps created under RCW 43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers
and procedures for reimbursement of volunteer expenses;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project
activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The commission shall not use corps volunteers to
displace currently employed workers. [1992 c 63 § 14.
Formerly RCW 43.51.420.]
Severability—1992 c 63: See note following RCW 43.63A.240.
UNDERWATER PARKS
79A.05.355 Underwater parks—Lead agency. The
state parks and recreation commission shall act as the lead
agency for the establishment of underwater parks in state
waters and for environmental reviews of projects necessary
to establish underwater parks. The commission may enter
into interagency agreements to facilitate timely receipt of
necessary permits from other state agencies and local
governments. [1993 c 267 § 1. Formerly RCW 43.51.430.]
79A.05.360 Underwater parks—Authority to
establish—Powers and duties. The commission may establish a system of underwater parks to provide for diverse
recreational diving opportunities and to conserve and protect
unique marine resources of the state of Washington. In
establishing and maintaining an underwater park system, the
commission may:
(1) Plan, construct, and maintain underwater parks;
(2) Acquire property and enter management agreements
with other units of state government for the management of
lands, tidelands, and bedlands as underwater parks;
(3) Construct artificial reefs and other underwater
features to enhance marine life and recreational uses of an
underwater park;
(4) Accept gifts and donations for the benefit of
underwater parks;
(5) Facilitate private efforts to construct artificial reefs
and underwater parks;
(6) Work with the federal government, local governments and other appropriate agencies of state government,
including but not limited to: The department of natural
resources, the department of fish and wildlife and the natural
heritage council to carry out the purposes of this chapter;
and
(7) Contract with other state agencies or local governments for the management of an underwater park unit.
(2002 Ed.)
Parks and Recreation Commission
[1999 c 249 § 1301; 1994 c 264 § 20; 1993 c 267 § 2.
Formerly RCW 43.51.432.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.370 Underwater parks—Diverse recreational
opportunity. In establishing an underwater park system, the
commission shall seek to create diverse recreational opportunities in areas throughout Washington state. The commission shall place a high priority upon creating units that
possess unique or diverse marine life or underwater natural
or artificial features such as shipwrecks. [1993 c 267 § 4.
Formerly RCW 43.51.436.]
79A.05.375 Underwater parks—Liability. The
commission is not liable for unintentional injuries to users of
underwater parks, whether the facilities are administered by
the commission or by another entity or person. However,
nothing in this section prevents the liability of the commission for injuries sustained by a user by reason of a known
dangerous artificial latent condition for which warning signs
have not been conspicuously posted. [1993 c 267 § 5.
Formerly RCW 43.51.438.]
WATER TRAIL RECREATION PROGRAM
79A.05.380 Water trail recreation program—
Created. The legislature recognizes the increase in wateroriented recreation by users of human and wind-powered,
beachable vessels such as kayaks, canoes, or day sailors on
Washington’s waters. These recreationists frequently require
overnight camping facilities along the shores of public or
private beaches. The legislature now creates a water trail
recreation program, to be administered by the Washington
state parks and recreation commission. [1993 c 182 § 1.
Formerly RCW 43.51.440.]
79A.05.385 Water trail recreation program—
Powers and duties. In addition to its other powers, duties,
and functions, the commission may:
(1) Plan, construct, and maintain suitable facilities for
water trail activities on lands administered or acquired by the
commission or as authorized on lands administered by tribes
or other public agencies or private landowners by agreement.
(2) Provide and issue, upon payment of the proper fee,
with the assistance of those authorized agents as may be
necessary for the convenience of the public, water trail
permits to utilize designated water trail facilities. The commission may, after consultation with the water trail advisory
committee, adopt rules authorizing reciprocity of water trail
permits provided by another state or Canadian province, but
only to the extent that a similar exemption or provision for
water trail permits is issued by that state or province.
(3) Compile, publish, distribute, and charge a fee for
maps or other forms of public information indicating areas
and facilities suitable for water trail activities.
(4) Contract with a public agency, private entity, or
person for the actual conduct of these duties.
(5) Work with individuals or organizations who wish to
volunteer their time to support the water trail recreation
program. [1993 c 182 § 2. Formerly RCW 43.51.442.]
(2002 Ed.)
79A.05.360
79A.05.390 Water trail recreation program—
Grants. The commission may make water trail program
grants to public agencies or tribal governments and may
contract with any public agency, tribal government, entity, or
person to develop and implement water trail programs.
[1993 c 182 § 3. Formerly RCW 43.51.444.]
79A.05.395 Water trail recreation program—
Liability. The commission is not liable for unintentional
injuries to users of facilities administered for water trail
purposes under this chapter, whether the facilities are
administered by the commission or by any other entity or
person. However, nothing in this section prevents the
liability of the commission for injuries sustained by a user
by reason of a known dangerous artificial latent condition for
which warning signs have not been conspicuously posted.
[1993 c 182 § 4. Formerly RCW 43.51.446.]
79A.05.400 Water trail recreation program—
Permits. A person may not participate as a user of the
water trail recreation program without first obtaining a water
trail permit. A person must renew this permit on an annual
basis in order to continue to participate as a user of the
program. The fee for the issuance of the statewide water
trail permit for each year shall be determined by the commission after consultation with the water trail advisory
committee. All statewide water trail permits shall expire on
the last day of December of the year for which the permit is
issued. [1993 c 182 § 5. Formerly RCW 43.51.448.]
79A.05.405 Water trail recreation program—
Account created. The water trail program account is
created in the state treasury. All receipts from sales of
materials pursuant to RCW 79A.05.385, from statewide
water trail permit fees collected pursuant to RCW
79A.05.400, and all monetary civil penalties collected
pursuant to RCW 79A.05.415 shall be deposited in the water
trail program account. Any gifts, grants, donations, or
moneys from any source received by the commission for the
water trail program shall also be deposited in the water trail
program account. Moneys in the account may be spent only
after appropriation to the commission, and may be used
solely for water trail program purposes, including: (1)
Administration, acquisition, development, operation, planning, and maintenance of water trail lands and facilities, and
grants or contracts therefor; and (2) the development and
implementation of water trail informational, safety, enforcement, and education programs, and grants or contracts
therefor. [2000 c 11 § 40; 1993 c 182 § 6. Formerly RCW
43.51.450.]
79A.05.410 Water trail recreation program—Rules.
The commission may, after consultation with the water trail
advisory committee, adopt rules to administer the water trail
program and facilities on areas owned or administered by the
commission. Where water trail facilities administered by
other public or private entities are incorporated into the
water trail system, the rules adopted by those entities shall
prevail. The commission is not responsible or liable for
enforcement of these alternative rules. [1993 c 182 § 7.
Formerly RCW 43.51.452.]
[Title 79A RCW—page 17]
79A.05.415
Title 79A RCW: Public Recreational Lands
79A.05.415 Water trail recreation program—
Violation. Violation of the provisions of the commission’s
rules governing the use of water trail facilities and property
shall constitute a civil infraction, punishable as provided
under chapter 7.84 RCW. [1993 c 182 § 8. Formerly RCW
43.51.454.]
79A.05.420 Water trail advisory committee. (1)
There is created a water trail advisory committee to advise
the parks and recreation commission in the administration of
RCW 79A.05.380 through 79A.05.415 and to assist and
advise the commission in the development of water trail
facilities and programs.
(2) The advisory committee shall consist of twelve
members, who shall be appointed as follows:
(a) Five public members representing recreational water
trail users, to be appointed by the commission;
(b) Two public members representing commercial
sectors with an interest in the water trail system, to be
appointed by the commission;
(c) One representative each from the department of
natural resources, the department of fish and wildlife, the
Washington state association of counties, and the association
of Washington cities, to be appointed by the director of the
agency or association. The director of the Washington state
parks and recreation commission or the director’s designee
shall serve as secretary to the committee and shall be a
nonvoting member.
(3) Except as provided in this section, the terms of the
public members appointed by the commission shall begin on
January 1st of the year of appointment and shall be for three
years or until a successor is appointed, except in the case of
appointments to fill vacancies for the remainder of an unexpired term. In making the initial appointments to the
advisory committee, the commission shall appoint two public
members to serve one year, two public members to serve for
two years, and three public members to serve for three years.
Public members of the advisory committee may be reimbursed from the water trail program account for travel
expenses as provided in RCW 43.03.050 and 43.03.060.
(4) The committee shall select a chair and adopt rules
necessary to govern its proceedings. The committee shall
meet at the times and places it determines, not less than
twice a year, and additionally as required by the committee
chair or by majority vote of the committee. [2000 c 11 §
41; 1994 c 264 § 21; 1993 c 182 § 9. Formerly RCW
43.51.456.]
YOUTH DEVELOPMENT AND
CONSERVATION CORPS
79A.05.500 Declaration of purpose. The purpose of
RCW 79A.05.500 through 79A.05.530 is to provide: (1)
The opportunity for healthful employment of youths in
programs of conservation, developing, improving, and
maintaining natural and artificial recreational areas for the
welfare of the general public; (2) the opportunity for our
youths to learn vocational and work skills, develop good
work habits and a sense of responsibility and contribution to
society, improvement in personal physical and moral well
being, and an understanding and appreciation of nature.
[Title 79A RCW—page 18]
[2000 c 11 § 42; 1969 ex.s. c 96 § 1; 1965 c 8 § 43.51.500.
Prior: 1961 c 215 § 1. Formerly RCW 43.51.500.]
79A.05.505 Youth development and conservation
division established—Supervisory personnel. There is
hereby created and established a youth development and
conservation division within the commission. The commission shall appoint such supervisory personnel as necessary to
carry out the purposes of RCW 79A.05.500 through
79A.05.530. [1999 c 249 § 1201; 1965 c 8 § 43.51.510.
Prior: 1961 c 215 § 2. Formerly RCW 43.51.510.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.510 Composition of youth corps—
Qualifications, conditions, period of enrollment, etc.
Composition of the corps shall consist of youths who are
citizens of the United States and residents of the state of
Washington of good character and health, and who are not
more than twenty-one years of age. In order to enroll, an
individual must agree to comply with rules and regulations
promulgated by the commission. The period of enrollment
shall be for thirty, sixty or ninety days or for such shorter
period as determined by the commission. If permitted by the
commission an individual may reenroll. Enrollment shall
basically be allocated on a percentage basis to each of the
forty-nine legislative districts on the basis of the ratio that
the population of each district bears to the total population
of the state of Washington, but the commission may also
take into account problems of substantial unemployment in
certain areas. [1975 c 7 § 1; 1969 ex.s. c 96 § 3; 1965 c 8
§ 43.51.530. Prior: 1961 c 215 § 3. Formerly RCW
43.51.530.]
79A.05.515 Compensation—Quarters—Hospital
services, etc. (1) The minimum compensation shall be at
the rate of twenty-five dollars per week, except that up to
the minimum state wage may be paid on the basis of
assigned leadership responsibilities or special skills.
(2) Enrollees shall be furnished quarters, subsistence,
medical and hospital services, transportation, equipment, as
the commission may deem necessary and appropriate for
their needs. Such quarters, subsistence, and equipment may
be furnished by any governmental or public agency.
(3) The compensation of enrollees of any program under
this chapter may be paid biweekly. [1999 c 249 § 1202;
1982 c 70 § 1; 1975 c 7 § 2; 1965 c 8 § 43.51.540. Prior:
1961 c 215 § 5. Formerly RCW 43.51.540.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.520 Laws relating to hours, conditions of
employment, civil service, etc., not applicable. Existing
provisions of law with respect to hours of work, rate of
compensation, sick leave, vacation, civil service and unemployment compensation shall not be applicable to enrollees
or temporary employees working under the provisions of
RCW 79A.05.500 through 79A.05.530. [2000 c 11 § 43;
1965 c 8 § 43.51.550. Prior: 1961 c 215 § 6. Formerly
RCW 43.51.550.]
(2002 Ed.)
Parks and Recreation Commission
79A.05.525 Expenditures, gifts, government surplus
materials. The commission may expend such amounts as
necessary for supplies, material and equipment to be used by
enrollees in connection with their work, recreation, health, or
welfare; the commission shall purchase government surplus
materials, supplies and equipment when available and as
needed.
The commission may accept any gifts, grants or
contributions of money, material, lands, or personal property
as it deems appropriate and may administer and dispose of
them as it determines to be in the interests of the general
public. [1965 c 8 § 43.51.560. Prior: 1961 c 215 § 7.
Formerly RCW 43.51.560.]
79A.05.530 Agreements with private persons to
enroll additional people—Commercial activities prohibited—Authorized closures of area. The commission may,
by agreement with an individual or company enroll and
supervise additional young persons, who shall be furnished
compensation, subsistence, quarters, supplies and materials
by the cooperating private company or individual, to develop, maintain or improve natural and artificial recreational
areas for the health and happiness of the general public. The
corps shall not be engaged in the development, improvement
or maintenance of a commercial recreational area or resort,
and the individual or corporation entering such agreement
with the commission shall make such improved areas
available to the general public without cost for a period of
at least five years. Private individuals may reserve the right
to close the area during periods of fire hazard or during
periods when excess damage would be caused by public use.
[1975 c 7 § 3; 1973 1st ex.s. c 154 § 85; 1965 c 8 §
43.51.570. Prior: 1961 c 215 § 8. Formerly RCW
43.51.570.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
79A.05.535 Agreements with and acceptance of
grants from federal government authorized. The state
parks and recreation commission is authorized to enter into
agreements with and accept grants from the federal government for the support of any program within the purposes of
RCW 79A.05.500 through 79A.05.530. [2000 c 11 § 44;
1965 ex.s. c 48 § 1. Formerly RCW 43.51.580.]
79A.05.540 Agreements with and acceptance of
grants from federal government authorized—Length of
enrollment and compensation in accordance with federal
standards authorized. Notwithstanding the provisions of
RCW 79A.05.510 and 79A.05.515, the commission may
determine the length of enrollment and the compensation of
enrollees in accordance with the standards of any federal act
or regulation under which an agreement is made with, or a
grant is received from the federal government pursuant to
RCW 79A.05.535. [2000 c 11 § 45; 1965 ex.s. c 48 § 2.
Formerly RCW 43.51.590.]
79A.05.545 Conservation corps. The commission
shall cooperate in implementing and operating the conservation corps as required by chapter 43.220 RCW. [1999 c 249
§ 701.]
(2002 Ed.)
79A.05.525
Severability—1999 c 249: See note following RCW 79A.05.010.
SEASHORE CONSERVATION AREA
79A.05.600 Declaration of principles. The beaches
bounding the Pacific Ocean from the Straits of Juan de Fuca
to Cape Disappointment at the mouth of the Columbia River
constitute some of the last unspoiled seashore remaining in
the United States. They provide the public with almost
unlimited opportunities for recreational activities, like
swimming, surfing and hiking; for outdoor sports, like
hunting, fishing, clamming, and boating; for the observation
of nature as it existed for hundreds of years before the
arrival of white men; and for relaxation away from the
pressures and tensions of modern life. In past years, these
recreational activities have been enjoyed by countless
Washington citizens, as well as by tourists from other states
and countries. The number of people wishing to participate
in such recreational activities grows annually. This increasing public pressure makes it necessary that the state dedicate
the use of the ocean beaches to public recreation and to
provide certain recreational and sanitary facilities.
Nonrecreational use of the beach must be strictly limited.
Even recreational uses must be regulated in order that
Washington’s unrivaled seashore may be saved for our
children in much the same form as we know it today. [1967
c 120 § 1. Formerly RCW 43.51.650.]
Repeal and savings—1967 c 120: "Chapter 78, Laws of 1929
(uncodified) is hereby repealed: PROVIDED, That the title of anyone who
has purchased property under this act shall not be affected." [1967 c 120
§ 10.]
79A.05.605 Seashore conservation area—
Established. There is established for the recreational use
and enjoyment of the public the Washington State Seashore
Conservation Area. It shall include all lands now or
hereafter under state ownership or control lying between
Cape Disappointment and Leadbetter Point; between Toke
Point and the South jetty on Point Chehalis; and between
Damon Point and the Makah Indian Reservation and occupying the area between the line of ordinary high tide and the
line of extreme low tide, as these lines now are or may
hereafter be located, and, where applicable, between the
Seashore Conservation Line, as established by survey of the
Washington state parks and recreation commission and the
line of extreme low tide, as these lines now are or may
hereafter be located; and shall also include all state-owned
nontrust accreted lands along the ocean: PROVIDED, That
no such conservation area shall include any lands within the
established boundaries of any Indian reservation. [1969 ex.s.
c 55 § 1; 1967 c 120 § 2. Formerly RCW 43.51.655.]
Construction—1969 ex.s. c 55: "No provision of this 1969
amendatory act shall be construed as affecting any private or public property
rights." [1969 ex.s. c 55 § 8.]
79A.05.610 Jurisdiction over and administration of
area. Except as otherwise provided in RCW 79A.05.600
through 79A.05.630, the Washington State Seashore Conservation Area shall be under the jurisdiction of the Washington
state parks and recreation commission, which shall administer RCW 79A.05.600 through 79A.05.630 in accordance with
the powers granted it herein and under the appropriate
[Title 79A RCW—page 19]
79A.05.610
Title 79A RCW: Public Recreational Lands
provisions of this chapter. [2000 c 11 § 46; 1969 ex.s. c 55
§ 2; 1967 c 120 § 3. Formerly RCW 43.51.660.]
Construction—1969 ex.s. c 55: See note following RCW
79A.05.605.
79A.05.615 Principles and purposes to be followed
in administering area. The Washington state parks and
recreation commission shall administer the Washington State
Seashore Conservation Area in harmony with the broad
principles set forth in RCW 79A.05.600. Where feasible, the
area shall be preserved in its present state; everywhere it
shall be maintained in the best possible condition for public
use. All forms of public outdoor recreation shall be permitted and encouraged in the area, unless specifically excluded
or limited by the commission. While the primary purpose in
the establishment of the area is to preserve the coastal
beaches for public recreation, other uses shall be allowed as
provided in RCW 79A.05.600 through 79A.05.630, or when
found not inconsistent with public recreational use by the
Washington state parks and recreation commission. [2000
c 11 § 47; 1969 ex.s. c 55 § 3; 1967 c 120 § 4. Formerly
RCW 43.51.665.]
Construction—1969 ex.s. c 55: See note following RCW
79A.05.605.
79A.05.620 Cooperation and assistance of federal,
state, and local agencies. In administering the Washington
State Seashore Conservation Area, the Washington state
parks and recreation commission shall seek the cooperation
and assistance of federal agencies, other state agencies, and
local political subdivisions. All state agencies, and the
governing officials of each local subdivision shall cooperate
with the commission in carrying out its duties. Except as
otherwise provided in RCW 79A.05.600 through 79A.05.630,
and notwithstanding any other provision of law, other state
agencies and local subdivisions shall perform duties in the
Washington State Seashore Conservation Area which are
within their normal jurisdiction, except when such performance clearly conflicts with the purposes of RCW
79A.05.600 through 79A.05.630. [2000 c 11 § 48; 1969
ex.s. c 55 § 4; 1967 c 120 § 5. Formerly RCW 43.51.670.]
Construction—1969 ex.s. c 55: See note following RCW
79A.05.605.
79A.05.625 Powers and authority of department of
fish and wildlife not interfered with. Nothing in RCW
79A.05.600 through 79A.05.630 and 79A.05.635 through
79A.05.695 shall be construed to interfere with the powers,
duties and authority of the department of fish and wildlife to
regulate the conservation or taking of food fish and shellfish.
Nor shall anything in RCW 79A.05.600 through 79A.05.630
and 79A.05.635 through 79A.05.695 be construed to interfere with the powers, duties and authority of the department
of fish and wildlife to regulate, manage, conserve, and
provide for the harvest of wildlife within such area: PROVIDED, HOWEVER, That no hunting shall be permitted in
any state park. [2000 c 11 § 49; 1994 c 264 § 22; 1988 c
75 § 17; 1987 c 506 § 92; 1983 c 3 § 109; 1969 ex.s. c 55
§ 5; 1967 c 120 § 6. Formerly RCW 43.51.675.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Construction—1969 ex.s. c 55: See note following RCW
79A.05.605.
79A.05.630 Sale, lease, and disposal of lands within
the Seashore Conservation Area. Lands within the
Seashore Conservation Area shall not be sold, leased, or
otherwise disposed of, except as herein provided. The
commission may, under authority granted in RCW
79A.05.175 and 79A.05.180, exchange state park lands in the
Seashore Conservation Area for lands of equal value to be
managed by the commission consistent with this chapter.
Only state park lands lying east of the Seashore Conservation Line, as it is located at the time of exchange, may be
so exchanged. The department of natural resources may
lease the lands within the Washington State Seashore
Conservation Area as well as the accreted lands along the
ocean in state ownership for the exploration and production
of oil and gas: PROVIDED, That oil drilling rigs and
equipment will not be placed on the Seashore Conservation
Area or state-owned accreted lands.
Sale of sand from accretions shall be made to supply the
needs of cranberry growers for cranberry bogs in the vicinity
and shall not be prohibited if found by the commission to be
reasonable, and not generally harmful or destructive to the
character of the land: PROVIDED, That the commission
may grant leases and permits for the removal of sands for
construction purposes from any lands within the Seashore
Conservation Area if found by the commission to be
reasonable and not generally harmful or destructive to the
character of the land: PROVIDED FURTHER, That net
income from such leases shall be deposited in the state parks
renewal and stewardship account. [2000 c 11 § 50; 1997 c
137 § 4; 1995 c 203 § 1; 1988 c 75 § 18; 1969 ex.s. c 55 §
6; 1967 c 120 § 8. Formerly RCW 43.51.685.]
Effective date—1997 c 137: See note following RCW 79A.05.055.
Effective date—1995 c 203: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 1, 1995]." [1995 c 203 § 2.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
Construction—1969 ex.s. c 55: See note following RCW
79A.05.605.
79A.05.635 Ocean beach recreation management
plans—Cooperative program. A cooperative program to
provide recreation management plans for the ocean beaches
that comprise the Seashore Conservation Area established by
RCW 79A.05.605 is created. [2000 c 11 § 51; 1988 c 75 §
1. Formerly RCW 43.51.695.]
Effective date—1988 c 75: "This act shall take effect January 1,
1989." [1988 c 75 § 20.]
79A.05.640 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply to
RCW 79A.05.600 through 79A.05.695.
(1) "Local government" means a county, city, or town.
(2) "Ocean beaches" include the three ocean beaches
described in RCW 79A.05.605.
Effective date—1988 c 75: See note following RCW 79A.05.635.
[Title 79A RCW—page 20]
(2002 Ed.)
Parks and Recreation Commission
(3) "Pedestrian use" means any use that does not
involve a motorized vehicle. [2000 c 11 § 52; 1988 c 75 §
2. Formerly RCW 43.51.700.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.645 Local recreation management plans.
Local governments having a portion of the Seashore Conservation Area within their boundaries may, individually or
through an agreement with other local governments located
on the same ocean beach, adopt a recreation management
plan which meets the requirements of RCW 79A.05.600
through 79A.05.695 for that portion of the ocean beach. The
legislature hereby encourages adoption of a single plan for
each beach. [2000 c 11 § 53; 1988 c 75 § 3. Formerly
RCW 43.51.705.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.650 Reservation for pedestrian use—
Restrictions on motorized traffic. (1) Except as provided
in RCW 79A.05.655 and 79A.05.660, a total of forty percent
of the length of the beach subject to the recreation management plan shall be reserved for pedestrian use under this
section and RCW 79A.05.665. Restrictions on motorized
traffic under this section shall be from April 15th to the day
following Labor day of each year. Local jurisdictions may
adopt provisions within recreation management plans that
exceed the requirements of this section. The commission
shall not require that a plan designate for pedestrian use
more than forty percent of the land subject to the plan.
(2) In designating areas to be reserved for pedestrian
use, the plan shall consider the following:
(a) Public safety;
(b) Statewide interest in recreational use of the ocean
beaches;
(c) Protection of shorebird and marine mammal habitats;
(d) Preservation of native beach vegetation;
(e) Protection of sand dune topography;
(f) Prudent management of clam beds;
(g) Economic impacts to the local community; and
(h) Public access and parking availability. [2000 c 11
§ 54; 1988 c 75 § 4. Formerly RCW 43.51.710.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.655 Areas reserved for pedestrian use—
Exception. Notwithstanding RCW 79A.05.650(1), recreation
management plans may make provision for vehicular traffic
on areas otherwise reserved for pedestrian use in order to:
(1) Facilitate clam digging;
(2) Accommodate organized recreational events of not
more than seven consecutive days duration;
(3) Provide for removal of wood debris under RCW
4.24.210 and 79A.05.035(5); and
(4) Accommodate removal of sand located upland from
the Seashore Conservation Area or removal of sand within
the Seashore Conservation Area under the terms of a
covenant, easement, or deed. [2000 c 11 § 55; 1988 c 75 §
5. Formerly RCW 43.51.715.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.660 Public vehicles. Recreation management
plans shall not prohibit or restrict public vehicles operated in
(2002 Ed.)
79A.05.640
the performance of official duties, vehicles responding to an
emergency, or vehicles specially authorized by the director
or the director’s designee. [1999 c 249 § 1101; 1988 c 75
§ 6. Formerly RCW 43.51.720.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.665 Land adjoining national wildlife refuges
and state parks—Pedestrian use—Exception. Recreation
management plans shall, upon request of the commission,
reserve on a permanent, seasonal, or temporary basis, land
adjoining national wildlife refuges and state parks for
pedestrian use. After a plan is approved, the commission
may require local jurisdictions to adopt amendments to the
plan governing driving on land adjoining wildlife refuges
and state parks. Land reserved for pedestrian use under this
section for at least the period from April 15th through the
day following Labor Day of each year shall be included
when determining compliance with the requirements of RCW
79A.05.650. [2000 c 11 § 56; 1988 c 75 § 7. Formerly
RCW 43.51.725.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.670 Consultation with government agencies
required. In preparing, adopting, or approving a recreation
management plan, local jurisdictions and the commission
shall consult with the department of fish and wildlife and the
United States fish and wildlife service. [1999 c 249 § 1102;
1988 c 75 § 8. Formerly RCW 43.51.730.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.675 Compliance with federal and state laws
required. Recreation management plans shall comply with
all applicable federal and state laws. [1988 c 75 § 9.
Formerly RCW 43.51.735.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.680 Hearings. Before adopting a recreation
management plan, or amendments to an existing plan, local
jurisdictions shall conduct a public hearing. Notice of the
hearing shall be published in a newspaper of general circulation in each jurisdiction adopting the plan as well as in a
newspaper of general statewide circulation on at least two
occasions not less than fourteen days before the first day of
the hearing. When a proposed recreation management plan
has been prepared by more than one jurisdiction, joint
hearings may be conducted. [1988 c 75 § 10. Formerly
RCW 43.51.740.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.685 Adoption of plans—Approval—
Procedure. Recreation management plans shall be adopted
by each participating jurisdiction and submitted to the
commission by September 1, 1989. The commission shall
approve the proposed plan if, in the commission’s judgment,
the plan adequately fulfills the requirements of RCW
79A.05.600 through 79A.05.695.
If the proposed plan is not approved, the commission
shall suggest modifications to the participating local govern[Title 79A RCW—page 21]
79A.05.685
Title 79A RCW: Public Recreational Lands
ments. Local governments shall have ninety days after
receiving the suggested modifications to resubmit a recreation management plan. Thereafter, if the commission finds
that a plan does not adequately fulfill the requirements of
RCW 79A.05.600 through 79A.05.695, the commission may
amend the proposal or adopt an alternative plan.
If a plan for all or any portion of the Seashore Conservation Area is not submitted in accordance with RCW
79A.05.635 through 79A.05.695, the commission shall adopt
a recreation management plan for that site.
Administrative rules adopted by the commission under
*RCW 43.51.680 shall remain in effect for all or any portion
of each ocean beach until a recreation management plan for
that site is adopted or approved by the commission.
The commission shall not adopt a recreation management plan for all or any portion of an ocean beach while
appeal of a commission decision regarding that site is
pending. [2000 c 11 § 57; 1988 c 75 § 11. Formerly RCW
43.51.745.]
*Reviser’s note: RCW 43.51.680 was repealed by 1988 c 75 § 19,
effective January 1, 1989.
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.688 Appeal. Any individual, partnership,
corporation, association, organization, cooperative, local
government, or state agency aggrieved by a decision of the
commission under this chapter may appeal under chapter
34.05 RCW. [1999 c 249 § 1103; 1988 c 75 § 12. Formerly RCW 43.51.750.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.690 Cooperation for law enforcement. The
commission shall cooperate with state and local law enforcement agencies in meeting the need for law enforcement
within the Seashore Conservation Area. [1988 c 75 § 13.
Formerly RCW 43.51.755.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.693 Ocean beaches in Seashore Conservation Area declared public highways. The ocean beaches
within the Seashore Conservation Area are hereby declared
a public highway and shall remain forever open to the use of
the public as provided in RCW 79A.05.635 through
79A.05.695. [2000 c 11 § 58; 1988 c 75 § 14. Formerly
RCW 43.51.760.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
79A.05.695 Amendments to plan—Approval—
Procedure. Amendments to the recreation management plan
may be adopted jointly by each local government participating in the plan and submitted to the commission for approval. The commission shall approve a proposed amendment if,
in the commission’s judgment, the amendment adequately
fulfills the requirements of RCW 79A.05.600 through
79A.05.695.
After a plan is approved, the commission may require
local jurisdictions to adopt amendments to the plan if the
commission finds that such amendments are necessary to
protect public health and safety, or to protect significant
natural resources as determined by the agency having
[Title 79A RCW—page 22]
jurisdiction over the resource. [2000 c 11 § 59; 1988 c 75
§ 15. Formerly RCW 43.51.765.]
Effective date—1988 c 75: See note following RCW 79A.05.635.
GREEN RIVER GORGE CONSERVATION AREA
79A.05.700 Declaration. The Green River Gorge,
between the town of Kanasket and the Kummer bridge in
King county, is a twelve mile spectacularly winding gorge
with steep to overhanging rock walls reaching heights of
from one hundred fifty to three hundred feet. The beauty
and natural features of the gorge are generally confined
within the canyon rim. This twelve mile gorge area contains
many examples of unique biological and geological features
for educational and recreational interpretation, almost two
miles of Eocene sediment rocks and fossils are exposed revealing one of the most complete stratographic sections to be
found in the region. The area, a unique recreational attraction with more than one million seven hundred thousand
people living within an hour’s driving time, is presently used
by hikers, geologists, fishermen, kayakers and canoeists, picnickers and swimmers, and those seeking the solitude offered
by this unique area. Abutting and adjacent landowners
generally have kept the gorge lands in their natural state;
however, economic and urbanization pressures for development are rapidly increasing. Local and state outdoor
recreation plans show a regional need for resources and
facilities which could be developed in this area. A twelve
mile strip incorporating the visual basins of the Green River
from the Kummer bridge to Palmer needs to be acquired and
developed as a conservation area to preserve this unique area
for the recreational needs of the region. [1969 ex.s. c 162
§ 1. Formerly RCW 43.51.900.]
79A.05.705 Green River Gorge conservation area
created. There is hereby created a Washington state parks
and recreation commission conservation area to be known as
"Green River Gorge conservation area". [1969 ex.s. c 162
§ 2. Formerly RCW 43.51.910.]
79A.05.710 Acquisition of real property, easements,
or rights authorized. In addition to all other powers and
duties prescribed by law, the state parks and recreation
commission is authorized and directed to acquire such real
property, easements, or rights in the Green River Gorge in
King county, together with such real property, easements,
and rights as is necessary for such park and conservation
purposes in any manner authorized by law for the acquisition
of lands for parks and parkway purposes. Except for such
real property as is necessary and convenient for development
of picnicking or camping areas and their related facilities, it
is the intent of this section that such property shall be acquired to preserve, as much as possible, the gorge within the
canyon rim in its natural pristine state. [1969 ex.s. c 162 §
3. Formerly RCW 43.51.920.]
79A.05.715 Acquisition of real property, easements,
or rights authorized—Rights of other state agencies not
to be infringed upon. Nothing herein shall be construed as
authorizing or directing the state parks and recreation
(2002 Ed.)
Parks and Recreation Commission
commission to acquire any real property, easements, or rights
in the Green River Gorge in King county which are now
held by any state agency for the purposes of outdoor recreation, conservation, fish, or wildlife management or public
hunting or fishing without the approval of such agency.
[1969 ex.s. c 162 § 4. Formerly RCW 43.51.930.]
MOUNT SI CONSERVATION AREA
79A.05.725 Legislative declaration. Mt. Si and Little
Si in King county offer unique scenic, natural, and geological features which can be viewed from the I-90 highway.
They also afford outstanding recreational opportunities
enjoyed by the citizens of this state and tourists alike. The
legislature recognizes the importance of guarding portions of
this area from those types of development which would
permanently alter the area’s natural form and beauty. It
further recognizes the necessity of setting forth procedures
to manage the area, to enhance the opportunities afforded the
state’s citizens, one-half of whom live within one-half hour
driving time of Mt. Si, and to safeguard to the extent
possible the scenic, natural, geological, game habitat, and
recreational values therein, and to safeguard and promote the
upper Snoqualmie River valley’s economy in which the
recreational use of Mt. Si plays a pivotal role. Therefore,
the legislature declares this area to be of statewide significance for the foregoing purposes to be enhanced and
safeguarded in accordance with the procedures set forth in
chapter 306, Laws of 1977 ex. sess. [1977 ex.s. c 306 § 1;
1975-’76 2nd ex.s. c 88 § 1. Formerly RCW 43.51.940.]
79A.05.730 "Mt. Si conservation area"—Created.
There is hereby created a "Mt. Si conservation area" to
include approximately twenty-five hundred acres of state,
United States government, and privately owned lands within
Sections 25, 26, 35, and 36, Township 24 North, Range 8
East, W.M., and Sections 2, 3, 10, 11, and 12 of Township
23 North, Range 8 East, W.M., as identified for inclusion in
the conservation area and described more specifically by the
Mt. Si citizen advisory subcommittee in their published
report of December 6, 1976, to the Washington state
department of natural resources and the Washington state
parks and recreation commission as contained in the report
filed by those agencies to the house and senate committees
on parks and recreation, filed December 1976. [1977 ex.s.
c 306 § 2. Formerly RCW 43.51.942.]
Designation of Mt. Si conservation area as Mt. Si natural resources
conservation area: RCW 79.71.100.
79A.05.735 Mt. Si conservation area—Management.
The state department of natural resources and the state parks
and recreation commission have joined together in excellent
cooperation in the conducting of this study along with the
citizen advisory subcommittee and have joined together in
cooperation with the department of fish and wildlife to
accomplish other projects of multidisciplinary concern, and
because it may be in the best interests of the state to
continue such cooperation, the state parks and recreation
commission, the department of natural resources, and the
department of fish and wildlife are hereby directed to
consider both short and long term objectives, the expertise
(2002 Ed.)
79A.05.715
of each agency’s staff, and alternatives such as reasonably
may be expected to safeguard the conservation area’s values
as described in RCW 79A.05.725 giving due regard to
efficiency and economy of management: PROVIDED, That
the interests conveyed to or by the state agencies identified
in this section shall be managed by the department of natural
resources until such time as the state parks and recreation
commission or other public agency is managing public recreation areas and facilities located in such close proximity to
the conservation area described in RCW 79A.05.730 so as to
make combined management of those areas and facilities and
transfer of management of the conservation area more efficient and economical than continued management by the
department of natural resources. At that time the department
of natural resources is directed to negotiate with the appropriate public agency for the transfer of those management responsibilities for the interests obtained within the conservation area under RCW 79A.05.725 through 79A.05.745:
PROVIDED FURTHER, That the state agencies identified
in this section may, by mutual agreement, undertake management of portions of the conservation area as they may from
time to time determine in accordance with those rules and
regulations established for natural area preserves under chapter 79.70 RCW, for natural and conservation areas under
present WAC 352-16-020(3) and (6), and under chapter
77.12 RCW. [2000 c 11 § 60; 1994 c 264 § 23; 1988 c 36
§ 17; 1977 ex.s. c 306 § 3. Formerly RCW 43.51.943.]
79A.05.740 Mt. Si conservation area—Valuation of
included lands. The full market value for department of
natural resources’ managed trust lands or interest therein
within the conservation area shall be determined by the
department of natural resources for any lands or interests to
be dedicated or leased as provided herein. The department
of natural resources shall determine the value of dedicating
such lands or interests in lands as it may determine to be
necessary to carry out the purposes of chapter 306, Laws of
1977 ex. sess. either by execution of fifty-five year scenic or
development easements or by execution of fifty-five year
leases, including such conditions as may be necessary to
carry out the purposes of chapter 306, Laws of 1977 ex.
sess. Any lease issued pursuant to chapter 306, Laws of
1977 ex. sess. may be subject to renewal under the provisions of *RCW 79.01.276 as presently existing or hereafter
amended. Nothing in chapter 306, Laws of 1977 ex. sess.
shall be deemed to alter or affect normal management on
lands owned by the state for which no dedication by easement or lease has been made and it is further recognized that
no restrictions on management of such lands shall be
required unless the applicable trust relating to such lands
shall have been compensated. [1998 c 245 § 67; 1977 ex.s.
c 306 § 4. Formerly RCW 43.51.944.]
*Reviser’s note: RCW 79.01.276 was repealed by 1979 1st ex.s. c
109 § 23.
79A.05.745 Eminent domain—Use prohibited. No
property or interest in property shall be acquired for the
purpose of chapter 306, Laws of 1977 ex. sess. by the
exercise of the power of eminent domain. [1977 ex.s. c 306
§ 6. Formerly RCW 43.51.945.]
[Title 79A RCW—page 23]
79A.05.750
Title 79A RCW: Public Recreational Lands
WASHINGTON STATE YAKIMA RIVER
CONSERVATION AREA
79A.05.750 Legislative declaration. It is the intent
of RCW 79A.05.750 through 79A.05.795 to establish and
recognize the Yakima river corridor from Selah Gap
(Yakima Ridge) to Union Gap (Rattlesnake Hills) as a
uniquely valuable recreation, conservation, and scenic
resource in the state of Washington. [2000 c 11 § 61; 1977
ex.s. c 75 § 1. Formerly RCW 43.51.946.]
79A.05.755 "Washington State Yakima river
conservation area"—Created. There is hereby created an
area to be known as the "Washington State Yakima river
conservation area". This area designation may be used as a
common reference by all state and local agencies, municipalities, and federal agencies. [1977 ex.s. c 75 § 3. Formerly
RCW 43.51.947.]
79A.05.760 Yakima river conservation area—Size
prescribed. For the purposes of RCW 79A.05.750 through
79A.05.795, the Yakima river conservation area is to contain
no more than the area delineated in appendix D on pages D3, D-4, D-6, D-7, D-9, and D-10 of the report entitled "The
Yakima River Regional Greenway" which resulted from the
Yakima river study authorized in section 170, chapter 269,
Laws of 1975, first extraordinary session. This area is also
defined as sections 12 and 17, township 13 north, range 18
east totaling approximately 18.0 acres, sections 7, 17, 18, 20,
21, 28, 29, 32, 33, township 13 north, range 19 east totaling
approximately 936.0 acres, and sections 4, 5, 8, 9, 17, township 12 north, range 19 east totaling approximately 793.7
acres. [1999 c 249 § 1001; 1977 ex.s. c 75 § 2. Formerly
RCW 43.51.948.]
sary or suitable for the development of recreational areas and
their related facilities, it is the intent of this section that such
property shall be acquired to preserve, as much as possible,
the river wetlands in their natural state. [1977 ex.s. c 75 §
6. Formerly RCW 43.51.951.]
79A.05.780 Yakima river conservation area—
Consultation between commission and Yakima county
commissioners. The Washington state parks and recreation
commission is directed to consult with the Yakima county
commissioners in the acquisition, development, and operation
of the Yakima river conservation area in accordance with the
purposes of RCW 79A.05.750 through 79A.05.795 and the
Yakima river study authorized in section 170, chapter 269,
Laws of 1975, first extraordinary session. [2000 c 11 § 63;
1977 ex.s. c 75 § 7. Formerly RCW 43.51.952.]
79A.05.785 Yakima river conservation area—
Interagency committee for outdoor recreation directed to
assist Yakima county commissioners. The interagency
committee for outdoor recreation is directed to assist the
Yakima county commissioners in obtaining state, federal,
and private funding for the acquisition, development, and
operation of the Yakima river conservation area. [1977 ex.s.
c 75 § 8. Formerly RCW 43.51.953.]
79A.05.790 County or city zoning and/or permitted
land uses not affected. Nothing herein shall be construed
as affecting nor being in conflict with existing county or city
zoning and/or permitted land uses and the right to develop,
build or expand existing uses in accordance with the said
zoning or permitted land uses within the Yakima river
conservation area. [1977 ex.s. c 75 § 9. Formerly RCW
43.51.954.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.05.765 Yakima river conservation area—
Authority of Yakima county commissioners. The Yakima
county commissioners are authorized to coordinate the acquisition, development, and operation of the Yakima river
conservation area in accordance with the purposes of RCW
79A.05.750 through 79A.05.795 and in cooperation with
public parks, conservation and resource managing agencies.
[2000 c 11 § 62; 1977 ex.s. c 75 § 4. Formerly RCW
43.51.949.]
79A.05.770 Yakima river conservation area—Land
acquisition. The Yakima county commissioners are authorized to acquire such real property, easements or rights in
river-related lands in the Yakima river conservation area,
together with such real property, easements, and rights as are
necessary for such conservation and parks purposes in any
manner authorized by law for the acquisition of lands for
conservation, parks and parkway purposes: PROVIDED,
That only the Yakima county commissioners shall have the
power of eminent domain for the purposes of this chapter.
[1977 ex.s. c 75 § 5. Formerly RCW 43.51.950.]
79A.05.775 Intent to preserve river wetlands in
their natural state. Except for such property as is neces[Title 79A RCW—page 24]
79A.05.793 Department of fish and wildlife, fish
and wildlife commission—Powers, duties, and authority—
No hunting in any state park. Nothing in RCW
79A.05.750 through 79A.05.795 shall be construed to
interfere with the powers, duties, and authority of the state
department of fish and wildlife or the state fish and wildlife
commission to regulate, manage, conserve, and provide for
the harvest of wildlife within such area: PROVIDED,
HOWEVER, That no hunting shall be permitted in any state
park. [2000 c 11 § 64; 1993 sp.s. c 2 § 19; 1987 c 506 §
93; 1977 ex.s. c 75 § 10. Formerly RCW 43.51.955.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
79A.05.795 Acquisition of real property, etc., of
another agency by Yakima county commissioners—
Agency approval required. Nothing herein shall be
construed as authorizing or directing the Yakima county
commissioners to acquire any real property, easements, or
rights in the Yakima river conservation area which are now
held by any other agency without the approval of that
agency. [1977 ex.s. c 75 § 11. Formerly RCW 43.51.956.]
(2002 Ed.)
Outdoor Recreational Facilities
Chapter 79A.10
OUTDOOR RECREATIONAL FACILITIES
Sections
79A.10.010
79A.10.020
79A.10.030
79A.10.040
79A.10.050
79A.10.060
79A.10.070
79A.10.080
79A.10.090
General obligation bonds authorized.
Disposition of proceeds of sale.
Bonds payable from proceeds of corporation fees.
Outdoor recreational bond redemption fund.
Remedies of bondholders.
Legislature may provide additional means of support.
Bonds legal investment for funds of state and municipal corporations.
Undertaking to impose corporation fees—Use, proration of one-half of proceeds.
Consent of world fair bondholders prerequisite to
issuance of bonds authorized by this chapter.
79A.10.010 General obligation bonds authorized.
For the purpose of providing funds for the development of
outdoor recreational facilities in the state, the state finance
committee is hereby authorized to issue, at any time prior to
January 1, 1970, general obligation bonds of the state of
Washington in the sum of ten million dollars, or so much
thereof as shall be required to finance the program for which
these bonds are being authorized: PROVIDED, That funds
realized from the sale of such bonds shall be used solely for
the acquisition of land and attached appurtenances and such
property shall be for outdoor recreational use.
The state finance committee is authorized to prescribe
the form of such bonds and the time of sale of all or any
portion or portions of such bonds, and the conditions of sale
and issuance thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the principal and interest when due. The committee
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. [1965 c 8 § 43.98.010. Prior: 1963
ex.s. c 12 § 1. Formerly RCW 43.98.010.]
79A.10.020 Disposition of proceeds of sale. The
proceeds from the sale of the bonds authorized herein shall
be deposited in the parks and parkways account of the
general fund or such other account or fund as shall be established for this purpose. Any agency or commission charged
with the administration of the account or fund is authorized
to use or permit the use of any funds derived from the sale
of bonds authorized under this chapter as matching funds in
any case where federal or other funds are made available on
a matching basis for projects within the purposes of this
chapter. [1965 c 8 § 43.98.020. Prior: 1963 ex.s. c 12 § 2.
Formerly RCW 43.98.020.]
Outdoor recreation account, deposit of proceeds in: RCW 79A.25.060.
Parks and parkways account abolished: RCW 43.79.405.
79A.10.030 Bonds payable from proceeds of
corporation fees. The bonds issued under the provisions of
this chapter shall be payable from the proceeds of one-half
of the corporation fees collected under all the provisions of
chapter 70, Laws of 1937, as now or hereafter amended.
The bonds and interest shall, so long as any portion thereof
remains unpaid, constitute a prior and exclusive claim,
subject only to amounts previously pledged for the payment
(2002 Ed.)
Chapter 79A.10
of interest on and retirement of bonds heretofore issued,
upon that portion of the corporation fees so collected. [1965
c 8 § 43.98.030. Prior: 1963 ex.s. c 12 § 3. Formerly
RCW 43.98.030.]
Reviser’s note: Chapter 70, Laws of 1937 referred to above is
affected by chapter 53, Laws of 1965 which enacts a new corporations code
effective July 1, 1967 (Title 23A RCW). Section 166 thereof repeals it
subject to the savings and continuation provision contained in section 165
which reads as follows: "Nothing contained in this act shall be construed
as an impairment of any obligation of the state as evidenced by bonds held
for any purpose, and subsections 2 and 13 of section 135, subsections 1 and
2 of section 136, and sections 137, 138, 139, 140, 141, 142, 146, and 147
shall be deemed to be a continuation of chapter 70, Laws of 1937, as
amended, for the purpose of payment of:
(1) world’s fair bonds authorized by chapter 174, Laws of 1957 as
amended by chapter 152, Laws of 1961, and
(2) outdoor recreation bonds authorized by referendum bill number 11
(chapter 12, Laws of 1963 extraordinary session), approved by the people
on November 3, 1964."
79A.10.040 Outdoor recreational bond redemption
fund. The outdoor recreational bond redemption fund is
hereby created in the state treasury, which fund shall be
exclusively devoted to the payment of interest on and
retirement of the bonds authorized by this chapter. [1965 c
8 § 43.98.040. Prior: 1963 ex.s. c 12 § 4. Formerly RCW
43.98.040.]
79A.10.050 Remedies of bondholders. The owner
and holder of each of said bonds or the trustee for any of the
bonds may by mandamus or other appropriate proceeding
require and compel the transfer and payment of funds as
directed herein. [1965 c 8 § 43.98.050. Prior: 1963 ex.s.
c 12 § 5. Formerly RCW 43.98.050.]
79A.10.060 Legislature may provide additional
means of support. The legislature may provide additional
means for raising moneys for the payment of the interest and
principal of the bonds authorized herein and this chapter
shall not be deemed to provide an exclusive method for such
payment. [1965 c 8 § 43.98.060. Prior: 1963 ex.s. c 12 §
6. Formerly RCW 43.98.060.]
79A.10.070 Bonds legal investment for funds of
state and municipal corporations. The bonds herein
authorized shall be a legal investment for all state funds or
for funds under state control and all funds of municipal
corporations. [1965 c 8 § 43.98.070. Prior: 1963 ex.s. c 12
§ 7. Formerly RCW 43.98.070.]
79A.10.080 Undertaking to impose corporation
fees—Use, proration of one-half of proceeds. See RCW
43.31.620 and 43.31.740.
79A.10.090 Consent of world fair bondholders
prerequisite to issuance of bonds authorized by this
chapter. No bonds authorized by this chapter shall be
issued until there shall first be obtained and filed in the
office of the state finance committee the written consent of
the holders of all outstanding bonds issued under authority
of chapter 174, Laws of 1957, as amended by chapter 152,
Laws of 1961, to the changes effected by this chapter and
the 1963 amendments of *RCW 43.31.620 and 43.31.740 in
[Title 79A RCW—page 25]
79A.10.090
Title 79A RCW: Public Recreational Lands
the order of priority of payment of said world fair bonds out
of the proceeds of the corporation fees collected under
chapter 70, Laws of 1937 as amended. [1965 c 8 §
43.98.090. Prior: 1963 ex.s. c 12 § 10. Formerly RCW
43.98.090.]
Reviser’s note: *(1) RCW 43.61.620 and 43.31.740 were decodified
by 1985 c 466 § 75, effective June 30, 1985.
(2) See note following RCW 79A.10.030.
Chapter 79A.15
ACQUISITION OF HABITAT CONSERVATION
AND OUTDOOR RECREATION LANDS
Sections
79A.15.005
79A.15.010
79A.15.020
79A.15.030
79A.15.040
79A.15.050
79A.15.060
79A.15.065
79A.15.070
79A.15.080
79A.15.090
79A.15.100
79A.15.900
Findings.
Definitions.
Habitat conservation account.
Allocation and use of moneys—Grants.
Habitat conservation account—Distribution and use of
moneys.
Outdoor recreation account—Distribution and use of
moneys.
Habitat conservation account—Acquisition policies and
priorities.
Grants through habitat conservation account—
Statement of environmental benefits—
Development of outcome-focused performance
measures.
Acquisition and development priorities—Generally.
Recommended project list—Committee authority to
obligate funds—Legislature’s authority.
Condemnation.
Report to governor and standing committees.
Severability—1990 1st ex.s. c 14.
79A.15.005 Findings. The legislature finds:
(1) That Washington possesses an abundance of natural
wealth in the form of forests, mountains, wildlife, waters,
and other natural resources, all of which help to provide an
unparalleled diversity of outdoor recreation opportunities and
a quality of life unmatched in this nation;
(2) That as the state’s population grows, the demand on
these resources is growing too, placing greater stress on
today’s already overcrowded public recreational lands and
facilities, and resulting in a significant loss of wildlife habitat
and lands of unique natural value;
(3) That public acquisition and development programs
have not kept pace with the state’s expanding population;
(4) That private investment and employment opportunities in general and the tourist industry in particular are
dependent upon the continued availability of recreational
opportunities and our state’s unique natural environment;
(5) That if current trends continue, some wildlife species
and rare ecosystems will be lost in the state forever and
public recreational lands will not be adequate to meet public
demands;
(6) That there is accordingly a need for the people of
the state to reserve certain areas of the state, in rural as well
as urban settings, for the benefit of present and future
generations.
It is therefore the policy of the state to acquire as soon
as possible the most significant lands for wildlife conservation and outdoor recreation purposes before they are converted to other uses, and to develop existing public recreational
land and facilities to meet the needs of present and future
[Title 79A RCW—page 26]
generations. [1990 1st ex.s. c 14 § 1. Formerly RCW
43.98A.005.]
79A.15.010 Definitions. The definitions set forth in
this section apply throughout this chapter.
(1) "Acquisition" means the purchase on a willing seller
basis of fee or less than fee interests in real property. These
interests include, but are not limited to, options, rights of
first refusal, conservation easements, leases, and mineral
rights.
(2) "Committee" means the interagency committee for
outdoor recreation.
(3) "Critical habitat" means lands important for the
protection, management, or public enjoyment of certain
wildlife species or groups of species, including, but not
limited to, wintering range for deer, elk, and other species,
waterfowl and upland bird habitat, fish habitat, and habitat
for endangered, threatened, or sensitive species.
(4) "Local agencies" means a city, county, town, tribe,
special purpose district, port district, or other political
subdivision of the state providing services to less than the
entire state.
(5) "Natural areas" means areas that have, to a significant degree, retained their natural character and are important in preserving rare or vanishing flora, fauna, geological,
natural historical, or similar features of scientific or educational value.
(6) "Special needs populations" means physically
restricted people or people of limited means.
(7) "Trails" means public ways constructed for and open
to pedestrians, equestrians, or bicyclists, or any combination
thereof, other than a sidewalk constructed as a part of a city
street or county road for exclusive use of pedestrians.
(8) "Urban wildlife habitat" means lands that provide
habitat important to wildlife in proximity to a metropolitan
area.
(9) "Water access" means boat or foot access to marine
waters, lakes, rivers, or streams. [1990 1st ex.s. c 14 § 2.
Formerly RCW 43.98A.010.]
79A.15.020 Habitat conservation account. The
habitat conservation account is established in the state
treasury. The committee shall administer the account in
accordance with chapter 79A.25 RCW and this chapter, and
shall hold it separate and apart from all other money, funds,
and accounts of the committee. [2000 c 11 § 65; 1990 1st
ex.s. c 14 § 3. Formerly RCW 43.98A.020.]
79A.15.030 Allocation and use of moneys—Grants.
(1) Moneys appropriated for this chapter shall be divided
equally between the habitat conservation and outdoor
recreation accounts and shall be used exclusively for the
purposes specified in this chapter.
(2) Moneys deposited in these accounts shall be invested
as authorized for other state funds, and any earnings on them
shall be credited to the respective account.
(3) All moneys deposited in the habitat conservation and
outdoor recreation accounts shall be allocated under RCW
79A.15.040 and 79A.15.050 as grants to state or local
agencies for acquisition, development, and renovation within
the jurisdiction of those agencies, subject to legislative
(2002 Ed.)
Acquisition of Habitat Conservation and Outdoor Recreation Lands
appropriation. The committee may use or permit the use of
any funds appropriated for this chapter as matching funds
where federal, local, or other funds are made available for
projects within the purposes of this chapter.
(4) Projects receiving grants under this chapter that are
developed or otherwise accessible for public recreational
uses shall be available to the public on a nondiscriminatory
basis.
(5) The committee may make grants to an eligible
project from both the habitat conservation and outdoor
recreation accounts and any one or more of the applicable
categories under such accounts described in RCW
79A.15.040 and 79A.15.050. [2000 c 11 § 66; 1990 1st
ex.s. c 14 § 4. Formerly RCW 43.98A.030.]
Outdoor recreation account: Chapter 79A.25 RCW.
79A.15.040 Habitat conservation account—
Distribution and use of moneys. (1) Moneys appropriated
for this chapter to the habitat conservation account shall be
distributed in the following way:
(a) Not less than thirty-five percent for the acquisition
and development of critical habitat;
(b) Not less than twenty percent for the acquisition and
development of natural areas;
(c) Not less than fifteen percent for the acquisition and
development of urban wildlife habitat; and
(d) The remaining amount shall be considered
unallocated and shall be used by the committee to fund high
priority acquisition and development needs for critical habitat, natural areas, and urban wildlife habitat. During the
fiscal biennium ending June 30, 2001, the remaining amount
reappropriated from the fiscal biennium ending June 30,
1999, may be allocated for matching grants for riparian zone
habitat protection projects that implement watershed plans
under the program established in section 329(6), chapter 235,
Laws of 1997.
(2) In distributing these funds, the committee retains discretion to meet the most pressing needs for critical habitat,
natural areas, and urban wildlife habitat, and is not required
to meet the percentages described in subsection (1) of this
section in any one biennium.
(3) Only state agencies may apply for acquisition and
development funds for critical habitat and natural areas
projects under subsection (1)(a), (b), and (d) of this section.
(4) State and local agencies may apply for acquisition
and development funds for urban wildlife habitat projects
under subsection (1)(c) and (d) of this section. [1999 c 379
§ 917; 1997 c 235 § 718; 1990 1st ex.s. c 14 § 5. Formerly
RCW 43.98A.040.]
Effective date—1999 c 379: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 18, 1999]." [1999 c 379 § 949.]
Severability—1997 c 235: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 235 § 901.]
Effective date—1997 c 235: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 26, 1997]." [1997 c 235 § 902.]
(2002 Ed.)
79A.15.030
79A.15.050 Outdoor recreation account—
Distribution and use of moneys. (1) Moneys appropriated
for this chapter to the outdoor recreation account shall be
distributed in the following way:
(a) Not less than twenty-five percent to the state parks
and recreation commission for the acquisition and development of state parks, with at least seventy-five percent of this
money for acquisition costs. However, during the 1999-2001
biennium, distributions for acquisition and development of
state parks shall not exceed four million two hundred fifty
thousand dollars, and the proportion for acquisition costs
shall be determined by the commission;
(b) Not less than twenty-five percent for the acquisition,
development, and renovation of local parks, with at least
fifty percent of this money for acquisition costs;
(c) Not less than fifteen percent for the acquisition and
development of trails;
(d) Not less than ten percent for the acquisition and
development of water access sites, with at least seventy-five
percent of this money for acquisition costs; and
(e) The remaining amount shall be considered
unallocated and shall be distributed by the committee to state
and local agencies to fund high priority acquisition and development needs for parks, trails, and water access sites.
(2) In distributing these funds, the committee retains discretion to meet the most pressing needs for state and local
parks, trails, and water access sites, and is not required to
meet the percentages described in subsection (1) of this
section in any one biennium.
(3) Only local agencies may apply for acquisition,
development, or renovation funds for local parks under
subsection (1)(b) of this section.
(4) State and local agencies may apply for funds for
trails under subsection (1)(c) of this section.
(5) State and local agencies may apply for funds for
water access sites under subsection (1)(d) of this section.
[1999 c 379 § 941; 1999 c 379 § 920; 1990 1st ex.s. c 14 §
6. Formerly RCW 43.98A.050.]
Effective date—1999 c 379: See note following RCW 79A.15.040.
79A.15.060 Habitat conservation account—
Acquisition policies and priorities. (1) The committee may
adopt rules establishing acquisition policies and priorities for
distributions from the habitat conservation account.
(2) Moneys appropriated for this chapter may not be
used by the committee to fund additional staff positions or
other overhead expenses, or by a state, regional, or local
agency to fund operation and maintenance of areas acquired
under this chapter, except that the committee may use
moneys appropriated for this chapter for the fiscal biennium
ending June 30, 2001, for the administrative costs of implementing the pilot watershed plan implementation program
established in section 329(6), chapter 235, Laws of 1997,
and developing an inventory of publicly owned lands
established in section 329(7), chapter 235, Laws of 1997.
(3) Moneys appropriated for this chapter may be used
for costs incidental to acquisition, including, but not limited
to, surveying expenses, fencing, and signing.
(4) Except as provided in subsection (5) of this section,
the committee may not approve a local project where the
[Title 79A RCW—page 27]
79A.15.060
Title 79A RCW: Public Recreational Lands
local agency share is less than the amount to be awarded
from the habitat conservation account.
(5) During the fiscal biennium ending June 30, 2001,
the committee may approve a riparian zone habitat protection
project established in section 329(6), chapter 235, Laws of
1997, where the local agency share is less than the amount
to be awarded from the habitat conservation account.
(6) In determining acquisition priorities with respect to
the habitat conservation account, the committee shall
consider, at a minimum, the following criteria:
(a) For critical habitat and natural areas proposals:
(i) Community support;
(ii) Immediacy of threat to the site;
(iii) Uniqueness of the site;
(iv) Diversity of species using the site;
(v) Quality of the habitat;
(vi) Long-term viability of the site;
(vii) Presence of endangered, threatened, or sensitive
species;
(viii) Enhancement of existing public property;
(ix) Consistency with a local land use plan, or a regional
or statewide recreational or resource plan; and
(x) Educational and scientific value of the site.
(b) For urban wildlife habitat proposals, in addition to
the criteria of (a) of this subsection:
(i) Population of, and distance from, the nearest urban
area;
(ii) Proximity to other wildlife habitat;
(iii) Potential for public use; and
(iv) Potential for use by special needs populations.
(7) Before October 1st of each even-numbered year, the
committee shall recommend to the governor a prioritized list
of state agency projects to be funded under RCW
79A.15.040(1) (a), (b), and (c). The governor may remove
projects from the list recommended by the committee and
shall submit this amended list in the capital budget request
to the legislature. The list shall include, but not be limited
to, a description of each project; and shall describe for each
project any anticipated restrictions upon recreational activities allowed prior to the project.
(8) Before October 1st of each year, the committee shall
recommend to the governor a prioritized list of all local
projects to be funded under RCW 79A.15.040(1)(c). The
governor may remove projects from the list recommended by
the committee and shall submit this amended list in the
capital budget request to the legislature. The list shall
include, but not be limited to, a description of each project
and any particular match requirement, and describe for each
project any anticipated restrictions upon recreational activities allowed prior to the project. [2000 c 11 § 67; 1999 c
379 § 918; 1997 c 235 § 719; 1990 1st ex.s. c 14 § 7.
Formerly RCW 43.98A.060.]
Effective date—1999 c 379: See note following RCW 79A.15.040.
Severability—Effective date—1997 c 235: See notes following
RCW 79A.15.040.
79A.15.065 Grants through habitat conservation
account—Statement of environmental benefits—
Development of outcome-focused performance measures.
In providing grants through the habitat conservation account,
the committee shall require grant applicants to incorporate
[Title 79A RCW—page 28]
the environmental benefits of the project into their grant
applications, and the committee shall utilize the statement of
environmental benefits in the grant application and review
process. The committee shall also develop appropriate
outcome-focused performance measures to be used both for
management and performance assessment of the grant
program. To the extent possible, the committee should
coordinate its performance measure system with other natural
resource-related agencies as defined in RCW 43.41.270. The
committee shall consult with affected interest groups in
implementing this section. [2001 c 227 § 8.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
79A.15.070 Acquisition and development priorities—Generally. (1) In determining which state parks
proposals and local parks proposals to fund, the committee
shall use existing policies and priorities.
(2) Moneys appropriated for this chapter may not be
used by the committee to fund additional staff or other
overhead expenses, or by a state, regional, or local agency
to fund operation and maintenance of areas acquired under
this chapter, except that the committee may use moneys
appropriated for this chapter for the fiscal biennium ending
June 30, 2001, for the administrative costs of implementing
the pilot watershed plan implementation program established
in section 329(6), chapter 235, Laws of 1997, and developing an inventory of publicly owned lands established in
section 329(7), chapter 235, Laws of 1997.
(3) Moneys appropriated for this chapter may be used
for costs incidental to acquisition, including, but not limited
to, surveying expenses, fencing, and signing.
(4) The committee may not approve a project of a local
agency where the share contributed by the local agency is
less than the amount to be awarded from the outdoor
recreation account.
(5) The committee may adopt rules establishing acquisition policies and priorities for the acquisition and development of trails and water access sites to be financed from
moneys in the outdoor recreation account.
(6) In determining the acquisition and development
priorities, the committee shall consider, at a minimum, the
following criteria:
(a) For trails proposals:
(i) Community support;
(ii) Immediacy of threat to the site;
(iii) Linkage between communities;
(iv) Linkage between trails;
(v) Existing or potential usage;
(vi) Consistency with an existing local land use plan or
a regional or statewide recreational or resource plan;
(vii) Availability of water access or views;
(viii) Enhancement of wildlife habitat; and
(ix) Scenic values of the site.
(b) For water access proposals:
(i) Community support;
(ii) Distance from similar water access opportunities;
(iii) Immediacy of threat to the site;
(iv) Diversity of possible recreational uses; and
(v) Public demand in the area.
(7) Before October 1st of each even-numbered year, the
committee shall recommend to the governor a prioritized list
(2002 Ed.)
Acquisition of Habitat Conservation and Outdoor Recreation Lands
of state agency projects to be funded under RCW
79A.15.050(1) (a), (c), and (d). The governor may remove
projects from the list recommended by the committee and
shall submit this amended list in the capital budget request
to the legislature. The list shall include, but not be limited
to, a description of each project; and shall describe for each
project any anticipated restrictions upon recreational activities allowed prior to the project.
(8) Before October 1st of each year, the committee shall
recommend to the governor a prioritized list of all local
projects to be funded under RCW 79A.15.050(1) (b), (c),
and (d). The governor may remove projects from the list
recommended by the committee and shall submit this
amended list in the capital budget request to the legislature.
The list shall include, but not be limited to, a description of
each project and any particular match requirement, and
describe for each project any anticipated restrictions upon
recreational activities allowed prior to the project. [2000 c
11 § 68; 1999 c 379 § 919; 1997 c 235 § 720; 1990 1st ex.s.
c 14 § 8. Formerly RCW 43.98A.070.]
Effective date—1999 c 379: See note following RCW 79A.15.040.
Severability—Effective date—1997 c 235: See notes following
RCW 79A.15.040.
79A.15.080 Recommended project list—Committee
authority to obligate funds—Legislature’s authority. The
committee shall not sign contracts or otherwise financially
obligate funds from the habitat conservation account or the
outdoor recreation account as provided in this chapter before
the legislature has appropriated funds for a specific list of
projects. The legislature may remove projects from the list
recommended by the governor. [1990 1st ex.s. c 14 § 9.
Formerly RCW 43.98A.080.]
79A.15.090 Condemnation. Moneys made available
under this chapter for land acquisition shall not be used to
acquire land through condemnation. [1990 1st ex.s. c 14 §
10. Formerly RCW 43.98A.090.]
79A.15.100 Report to governor and standing
committees. On or before November 1st of each oddnumbered year, the committee shall submit to the governor
and the standing committees of the legislature dealing with
fiscal affairs, fish and wildlife, and natural resources a report
detailing the acquisitions and development projects funded
under this chapter during the immediately preceding biennium. [1990 1st ex.s. c 14 § 11. Formerly RCW
43.98A.100.]
79A.15.900 Severability—1990 1st ex.s. c 14. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1990 1st ex.s. c 14 § 12. Formerly
RCW 43.98A.900.]
79A.15.070
Chapter 79A.20
WILDLIFE AND RECREATION LANDS—FUNDING
OF MAINTENANCE AND OPERATIONS
Sections
79A.20.005
79A.20.010
79A.20.030
79A.20.900
79A.20.901
79A.20.902
Findings.
Definitions.
Allocation and distribution of moneys.
Short title.
Severability—1992 c 153.
Captions not law—1992 c 153.
79A.20.005 Findings. (1) The legislature finds that:
(a) The state of Washington owns and maintains a wide
variety of fish and wildlife habitat, natural areas, parks, and
other recreation lands;
(b) The state of Washington is responsible for managing
these lands for the benefit of the citizens, wildlife, and other
natural resources of the state;
(c) The state of Washington has recently significantly
enhanced its efforts to acquire critical habitat, natural areas,
parks, and other recreation lands and to transfer suitable
lands from school trust to conservation and park purposes;
(d) Recent unprecedented population growth has greatly
increased the threat to the state’s fish and wildlife habitat
and the demands placed on the lands under (a) of this
subsection;
(e) The importance of this habitat and these lands to the
state is continuing to increase as more people depend on
them to satisfy their needs and more plant and animal
species require state-owned lands for their survival;
(f) By itself, public ownership cannot guarantee that
resources will be protected, or that appropriate recreational
opportunities will be provided;
(g) Only through ongoing, responsible management can
fish and wildlife habitat, sensitive ecosystems, and recreational values be protected;
(h) The operation and maintenance funding for stateowned fish and wildlife habitat, natural areas, parks, and
other recreation lands has not kept pace with increasing
demands placed upon such lands;
(i) Many needed operation and maintenance projects
have been deferred due to insufficient funding, resulting in
increased costs when the projects are finally undertaken; and
(j) An increase in operation and maintenance funding is
necessary to bring state-owned lands and facilities up to
acceptable standards and to protect the state’s investment in
its fish and wildlife habitat, natural areas, parks, and other
recreation lands.
(2) Therefore, it is the policy of the state to provide
adequate and continuing funding for operation and maintenance needs of state-owned fish and wildlife habitat, natural
areas, parks, and other recreation lands to protect the state’s
investment in such lands, and it is the purpose of this
chapter to create a mechanism for doing so. [1992 c 153 §
2. Formerly RCW 43.98B.005.]
79A.20.010 Definitions. The definitions set forth in
this section apply throughout this chapter.
(1) "Basic stewardship" means the costs associated with
holding and protecting property to maintain the functions for
which the property was acquired. It includes, but is not
(2002 Ed.)
[Title 79A RCW—page 29]
79A.20.010
Title 79A RCW: Public Recreational Lands
limited to, costs associated with statutorily required in-lieu
property taxes, weed and pest control, fire protection, fence
maintenance, cultural and archaeological site protection,
basic research related to maintenance of natural area preserves and natural resource conservation areas, basic resource and environmental protection, and meeting applicable
legal requirements.
(2) "Improved or developed resources" means the costs
associated with the built or manipulated environment. It
includes, but is not limited to, costs associated with maintaining buildings, grounds, roads, trails, water access sites,
and utility systems. Also included are improvements to
habitat such as bank stabilization, range rehabilitation, and
food and water sources.
(3) "Human use management" means the costs associated with visitor management, education, and protection.
(4) "Administration" means state agency costs necessary
to support subsections (1) through (3) of this section. It
includes, but is not limited to, budget and accounting,
personnel support services, volunteer programs, and training.
[1992 c 153 § 3. Formerly RCW 43.98B.010.]
79A.20.030 Allocation and distribution of moneys.
(1) Moneys appropriated for this chapter from the *state
wildlife and recreation lands management account shall be
expended in the following manner:
(a) Not less than thirty percent for basic stewardship;
(b) Not less than twenty percent for improved or
developed resources;
(c) Not less than fifteen percent for human use management; and
(d) Not more than fifteen percent for administration.
(e) The remaining twenty to thirty-five percent shall be
considered unallocated.
(2) In the event that moneys appropriated for this
chapter to the *state wildlife and recreation lands management account under the initial allocation prove insufficient
to meet basic stewardship needs, the unallocated amount
shall be used to fund basic stewardship needs.
(3) Each eligible agency is not required to meet this
specific percentage distribution. However, funding across
agencies should meet these percentages during each biennium.
(4) It is intended that moneys disbursed from this
account not replace existing operation and maintenance
funding levels from other state sources.
(5) Agencies eligible to receive funds from this account
are the departments of fish and wildlife and natural resources, and the state parks and recreation commission.
(6) Moneys appropriated for this chapter from the *state
wildlife and recreation lands management account shall be
distributed in the following manner:
(a) Not less than twenty-five percent to the state parks
and recreation commission.
(b) Not less than twenty-five percent to the department
of natural resources.
(c) Not less than twenty-five percent to the department
of fish and wildlife.
(d) The remaining funds shall be allocated to eligible
agencies based upon an evaluation of remaining unfunded
needs.
[Title 79A RCW—page 30]
(7) The office of financial management shall review
eligible state agency requests and make recommendations on
the allocation of funds provided under this chapter as part of
the governor’s operating budget request to the legislature.
[1994 c 264 § 30; 1992 c 153 § 5. Formerly RCW
43.98B.030.]
*Reviser’s note: This account was created in RCW 79A.20.020
which was repealed by 2000 c 150 § 2, effective July 1, 2001.
79A.20.900 Short title. This chapter shall be known
as the state wildlife and recreation lands management act.
[1992 c 153 § 1. Formerly RCW 43.98B.900.]
79A.20.901 Severability—1992 c 153. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1992 c 153 § 7. Formerly RCW
43.98B.910.]
79A.20.902 Captions not law—1992 c 153. Section
headings as used in this chapter do not constitute any part of
the law. [1992 c 153 § 8. Formerly RCW 43.98B.920.]
Chapter 79A.25
INTERAGENCY COMMITTEE FOR
OUTDOOR RECREATION
Sections
79A.25.005
79A.25.010
79A.25.020
79A.25.030
79A.25.040
79A.25.050
79A.25.060
79A.25.070
79A.25.080
79A.25.090
79A.25.100
79A.25.110
79A.25.120
79A.25.130
79A.25.140
79A.25.150
79A.25.160
79A.25.170
Policy—Mission of committee.
Definition of terms.
Director’s powers and duties.
Determination of proportion of motor vehicle fuel tax
moneys derived from tax on marine fuel—
Studies—Costs.
Marine fuel tax refund account—Moneys derived from
tax on marine fuel—Refunding and placement in
account—Exception.
Marine fuel tax refund account—Claims for refunds
paid from.
Outdoor recreation account—Deposits.
Recreation resource account, motor vehicle fund—
Transfers of moneys from marine fuel tax account.
Recreation resource account—Distribution of moneys
transferred.
Interest on funds granted by committee to be returned
to source account.
Conversion of marine recreation land to other uses—
Approval—Substitution.
Interagency committee for outdoor recreation—
Created—Membership—Terms—Compensation
and travel expenses.
Plans for public outdoor recreation land acquisition or
improvement—Contents—Submission—
Recommendations.
Participation in federal programs—Authority.
Commitments or agreements forbidden unless sufficient funds available—Agreements with federal
agencies on behalf of state or local agencies—
Conditions.
Assistance furnished by state departments—
Appointment of director and personnel—Civil
service exemption.
Washington state recreation trails system, duties of
interagency committee for outdoor recreation.
Public parks and recreation sites guide.
(2002 Ed.)
Interagency Committee for Outdoor Recreation
79A.25.180
79A.25.190
79A.25.200
79A.25.210
79A.25.220
79A.25.230
79A.25.240
79A.25.250
Public parks and recreation sites guide—Review and
update.
Appropriations by subsequent legislatures.
Recreation resource account.
Firearms range account—Grant program—Rules.
Firearms range advisory committee.
Firearms range account—Gifts and grants.
Grants and loan administration.
Acquisition, development, etc., of urban area parks by
interagency committee for outdoor recreation.
YOUTH OR COMMUNITY ATHLETIC FACILITIES
79A.25.800
79A.25.810
79A.25.820
79A.25.830
Intent—Purpose.
Community outdoor athletic fields advisory council.
Strategic plan—Funding eligibility—Regional coordination and cooperative efforts—Data collection
and exchange.
Gifts, grants, or endowments.
79A.25.901
79A.25.902
Severability—1965 c 5.
Short title.
CONSTRUCTION
79A.25.005 Policy—Mission of committee. (1) As
Washington begins its second century of statehood, the
legislature recognizes that renewed efforts are needed to
preserve, conserve, and enhance the state’s recreational
resources. Rapid population growth and increased urbanization have caused a decline in suitable land for recreation and
resulted in overcrowding and deterioration of existing facilities. Lack of adequate recreational resources directly
affects the health and well-being of all citizens of the state,
reduces the state’s economic viability, and prevents Washington from maintaining and achieving the quality of life that
it deserves.
It is therefore the policy of the state and its agencies to
preserve, conserve, and enhance recreational resources and
open space. In carrying out this policy, the mission of the
interagency committee for outdoor recreation and its staff is
to (a) create and work actively for the implementation of a
unified statewide strategy for meeting the recreational needs
of Washington’s citizens, (b) represent and promote the
interests of the state on recreational issues in concert with
other state and local agencies and the governor, (c) encourage and provide interagency and regional coordination, and
interaction between public and private organizations, (d)
administer recreational grant-in-aid programs and provide
technical assistance, and (e) serve as a repository for
information, studies, research, and other data relating to
recreation.
(2) Washington is uniquely endowed with fresh and salt
waters rich in scenic and recreational value. This outdoor
heritage enriches the lives of citizens, attracts new residents
and businesses to the state, and is a major support of its
expanding tourist industry. Rising population, increased
income and leisure time, and the rapid growth of boating and
other water sports have greatly increased the demand for
water related recreation, while waterfront land is rapidly
rising in value and disappearing from public use. There is
consequently an urgent need for the acquisition or improvement of waterfront land on fresh and salt water suitable for
marine recreational use by Washington residents and visitors.
To meet this need, it is necessary and proper that the portion
of motor vehicle fuel taxes paid by boat owners and operators on fuel consumed in their watercraft and not reclaimed
(2002 Ed.)
Chapter 79A.25
as presently provided by law should be expended for the
acquisition or improvement of marine recreation land on the
Pacific Ocean, Puget Sound, bays, lakes, rivers, reservoirs
and other fresh and salt waters of the state. [1989 c 237 §
1; 1965 c 5 § 1 (Initiative Measure No. 215, approved
November 3, 1964). Formerly RCW 43.99.010.]
Effective date—1989 c 237: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect on June
30, 1989." [1989 c 237 § 9.]
79A.25.010 Definition of terms. Definitions: As
used in this chapter:
(1) "Marine recreation land" means any land with or
without improvements which (a) provides access to, or in
whole or in part borders on, fresh or salt water suitable for
recreational use by watercraft, or (b) may be used to create,
add to, or make more usable, bodies of water, waterways, or
land, for recreational use by watercraft.
(2) "Public body" means any county, city, town, port
district, park and recreation district, metropolitan park
district, or other municipal corporation which is authorized
to acquire or improve public outdoor recreation land, and
shall also mean Indian tribes now or hereafter recognized as
such by the federal government for participation in the land
and water conservation program.
(3) "Tax on marine fuel" means motor vehicle fuel tax
which is (a) tax on fuel used in, or sold or distributed for
use in, any watercraft, (b) refundable pursuant to chapter
82.36 RCW, and (c) paid to the director of licensing with
respect to taxable sales, distributions, or uses occurring on or
after December 3, 1964.
(4) "Watercraft" means any boat, vessel, or other craft
used for navigation on or through water.
(5) "Committee" means the interagency committee for
outdoor recreation.
(6) "Director" means the director of the interagency
committee for outdoor recreation. [1989 c 237 § 2; 1979 c
158 § 108; 1972 ex.s. c 56 § 1; 1965 c 5 § 2 (Initiative
Measure No. 215, approved November 3, 1964). Formerly
RCW 43.99.020.]
Effective date—1989 c 237: See note following RCW 79A.25.005.
Construction—1972 ex.s. c 56: "The provisions of this 1972
amendatory act are intended to be remedial and procedural and shall be
construed to apply retroactively." [1972 ex.s. c 56 § 2.]
79A.25.020 Director’s powers and duties. The
director shall have the following powers and duties:
(1) To supervise the administrative operations of the
committee and its staff;
(2) To administer recreation grant-in-aid programs and
provide technical assistance to state and local agencies;
(3) To prepare and update a strategic plan for the
acquisition, renovation, and development of recreational
resources and the preservation and conservation of open
space. The plan shall be prepared in coordination with the
office of the governor and the office of financial management, with participation of federal, state, and local agencies
having recreational responsibilities, user groups, private
sector interests, and the general public. The plan shall be
submitted to the committee for review, and the committee
shall submit its recommendations on the plan to the gover[Title 79A RCW—page 31]
79A.25.020
Title 79A RCW: Public Recreational Lands
nor. The plan shall include, but is not limited to: (a) an
inventory of current resources; (b) a forecast of recreational
resource demand; (c) identification and analysis of actual and
potential funding sources; (d) a process for broad scale
information gathering; (e) an assessment of the capabilities
and constraints, both internal and external to state government, that affect the ability of the state to achieve the goals
of the plan; (f) an analysis of strategic options and decisions
available to the state; (g) an implementation strategy that is
coordinated with executive policy and budget priorities; and
(h) elements necessary to qualify for participation in or the
receipt of aid from any federal program for outdoor recreation;
(4) To represent and promote the interests of the state
on recreational issues and further the mission of the committee;
(5) Upon approval of the committee, to enter into
contracts and agreements with private nonprofit corporations
to further state goals of preserving, conserving, and enhancing recreational resources and open space for the public
benefit and use;
(6) To appoint such technical and other committees as
may be necessary to carry out the purposes of this chapter;
(7) To create and maintain a repository for data, studies,
research, and other information relating to recreation in the
state, and to encourage the interchange of such information;
(8) To encourage and provide opportunities for interagency and regional coordination and cooperative efforts
between public agencies and between public and private
entities involved in the development and preservation of
recreational resources; and
(9) To prepare the state trails plan, as required by RCW
79A.35.040. [2000 c 11 § 69; 1989 c 237 § 4. Formerly
RCW 43.99.025.]
Effective date—1989 c 237: See note following RCW 79A.25.005.
79A.25.030 Determination of proportion of motor
vehicle fuel tax moneys derived from tax on marine
fuel—Studies—Costs. From time to time, but at least once
each four years, the director of licensing shall determine the
amount or proportion of moneys paid to him or her as motor
vehicle fuel tax which is tax on marine fuel. The director
shall make or authorize the making of studies, surveys, or
investigations to assist him or her in making such determination, and shall hold one or more public hearings on the
findings of such studies, surveys, or investigations prior to
making his or her determination. The studies, surveys, or
investigations conducted pursuant to this section shall
encompass a period of twelve consecutive months each time.
The final determination by the director shall be implemented
as of the next biennium after the period from which the
study data were collected. The director may delegate his or
her duties and authority under this section to one or more
persons of the department of licensing if he or she finds such
delegation necessary and proper to the efficient performance
of these duties. Costs of carrying out the provisions of this
section shall be paid from the marine fuel tax refund account
created in RCW 79A.25.040, upon legislative appropriation.
[2000 c 11 § 70; 1995 c 166 § 1; 1979 c 158 § 109; 1975’76 2nd ex.s. c 50 § 1; 1969 ex.s. c 74 § 1; 1965 c 5 § 3
[Title 79A RCW—page 32]
(Initiative Measure No. 215, approved November 3, 1964).
Formerly RCW 43.99.030.]
79A.25.040 Marine fuel tax refund account—
Moneys derived from tax on marine fuel—Refunding and
placement in account—Exception. There is created the
marine fuel tax refund account in the state treasury. The
director of licensing shall request the state treasurer to refund
monthly from the motor vehicle fund amounts which have
been determined to be tax on marine fuel. The state
treasurer shall refund such amounts and place them in the
marine fuel tax refund account to be held for those entitled
thereto pursuant to chapter 82.36 RCW and RCW
79A.25.050, except that he or she shall not refund and place
in the marine fuel tax refund account for any period for
which a determination has been made pursuant to RCW
79A.25.030 more than the greater of the following amounts:
(1) An amount equal to two percent of all moneys paid to
him or her as motor vehicle fuel tax for such period, (2) an
amount necessary to meet all approved claims for refund of
tax on marine fuel for such period. [2000 c 11 § 71; 1995
c 166 § 2; 1991 sp.s. c 13 § 42; 1985 c 57 § 53; 1979 c 158
§ 110; 1965 c 5 § 4 (Initiative Measure No. 215, approved
November 3, 1964). Formerly RCW 43.99.040.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
79A.25.050 Marine fuel tax refund account—Claims
for refunds paid from. Claims submitted pursuant to
chapter 82.36 RCW for refund of tax on marine fuel which
has been placed in the marine fuel tax refund account shall,
if approved, be paid from that account. [1965 c 5 § 5
(Initiative Measure No. 215, approved November 3, 1964).
Formerly RCW 43.99.050.]
79A.25.060 Outdoor recreation account—Deposits.
The outdoor recreation account is created in the state
treasury. Moneys in the account are subject to legislative
appropriation. The committee shall administer the account
in accordance with chapter 79A.15 RCW and this chapter,
and shall hold it separate and apart from all other money,
funds, and accounts of the committee.
Grants, gifts, or other financial assistance, proceeds
received from public bodies as administrative cost contributions, and moneys made available to the state of Washington
by the federal government for outdoor recreation, may be
deposited into the account. [2000 c 11 § 72; 1995 c 166 §
3; 1991 sp.s. c 13 § 52; 1985 c 57 § 54; 1967 ex.s. c 62 §
1; 1965 c 5 § 6 (Initiative Measure No. 215, approved
November 3, 1964). Formerly RCW 43.99.060.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
79A.25.070 Recreation resource account, motor
vehicle fund—Transfers of moneys from marine fuel tax
account. (Effective unless Referendum Bill No. 51 is
approved at the November 2002 general election.) Upon
expiration of the time limited by RCW 82.36.330 for
claiming of refunds of tax on marine fuel, the state of
(2002 Ed.)
Interagency Committee for Outdoor Recreation
Washington shall succeed to the right to such refunds. The
director of licensing, after taking into account past and
anticipated claims for refunds from and deposits to the
marine fuel tax refund account and the costs of carrying out
the provisions of RCW 79A.25.030, shall request the state
treasurer to transfer monthly from the marine fuel tax refund
account an amount equal to the proportion of the moneys in
the account representing the motor vehicle fuel tax rate
under RCW 82.36.025 in effect on January 1, 1990, to the
recreation resource account and the remainder to the motor
vehicle fund. [2000 c 11 § 73; 1995 c 166 § 4; 1990 c 42
§ 116; 1979 c 158 § 111; 1965 c 5 § 7 (Initiative Measure
No. 215, approved November 3, 1964). Formerly RCW
43.99.070.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
79A.25.070 Recreation resource account, motor
vehicle fund—Transfers from marine fuel tax account.
(Effective December 30, 2002, if Referendum Bill No. 51
is approved at the November 2002 general election.) Upon
expiration of the time limited by RCW 82.36.330 for
claiming of refunds of tax on marine fuel, the state of
Washington shall succeed to the right to such refunds. The
director of licensing, after taking into account past and
anticipated claims for refunds from and deposits to the
marine fuel tax refund account and the costs of carrying out
the provisions of RCW 79A.25.030, shall request the state
treasurer to transfer monthly from the marine fuel tax refund
account an amount equal to the proportion of the moneys in
the account representing the motor vehicle fuel tax rate
under RCW 82.36.025 in effect on January 1, 2001, to the
recreation resource account and the remainder to the motor
vehicle fund. [2002 c 202 § 312; 2000 c 11 § 73; 1995 c
166 § 4; 1990 c 42 § 116; 1979 c 158 § 111; 1965 c 5 § 7
(Initiative Measure No. 215, approved November 3, 1964).
Formerly RCW 43.99.070.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
79A.25.080 Recreation resource account—
Distribution of moneys transferred. Moneys transferred to
the recreation resource account from the marine fuel tax
refund account may be used when appropriated by the
legislature, as well as any federal or other funds now or
hereafter available, to pay the necessary administrative and
coordinative costs of the interagency committee for outdoor
recreation established by RCW 79A.25.110. All moneys so
transferred, except those appropriated as aforesaid, shall be
divided into two equal shares and shall be used to benefit
watercraft recreation in this state as follows:
(1) One share as grants to state agencies for (a) acquisition of title to, or any interests or rights in, marine recreation
land, (b) capital improvement and renovation of marine
recreation land, including periodic dredging in accordance
with subsection (3) of this section, if needed, to maintain or
(2002 Ed.)
79A.25.070
make the facility more useful, or (c) matching funds in any
case where federal or other funds are made available on a
matching basis for purposes described in (a) or (b) of this
subsection;
(2) One share as grants to public bodies to help finance
(a) acquisition of title to, or any interests or rights in, marine
recreation land, or (b) capital improvement and renovation
of marine recreation land, including periodic dredging in
accordance with subsection (3) of this section, if needed, to
maintain or make the facility more useful. A public body is
authorized to use a grant, together with its own contribution,
as matching funds in any case where federal or other funds
are made available for purposes described in (a) or (b) of
this subsection. The committee may prescribe further terms
and conditions for the making of grants in order to carry out
the purposes of this chapter.
(3) For the purposes of this section "periodic dredging"
is limited to dredging of materials that have been deposited
in a channel due to unforeseen events. This dredging should
extend the expected usefulness of the facility for at least five
years. [2000 c 11 § 74; 1999 c 341 § 1; 1995 c 166 § 5;
1971 ex.s. c 140 § 1; 1965 ex.s. c 136 § 1; 1965 c 5 § 8
(Initiative Measure No. 215, approved November 3, 1964).
Formerly RCW 43.99.080.]
79A.25.090 Interest on funds granted by committee
to be returned to source account. Interest earned on funds
granted or made available by the committee shall not be expended by the recipient but shall be returned to the source
account for disbursement by the committee in accordance
with general budget and accounting procedure. [1995 c 166
§ 6; 1967 ex.s. c 62 § 7. Formerly RCW 43.99.095.]
79A.25.100 Conversion of marine recreation land to
other uses—Approval—Substitution. Marine recreation
land with respect to which money has been expended under
RCW 79A.25.080 shall not, without the approval of the
committee, be converted to uses other than those for which
such expenditure was originally approved. The committee
shall only approve any such conversion upon conditions
which will assure the substitution of other marine recreation
land of at least equal fair market value at the time of
conversion and of as nearly as feasible equivalent usefulness
and location. [2000 c 11 § 75; 1965 c 5 § 10 (Initiative
Measure No. 215, approved November 3, 1964). Formerly
RCW 43.99.100.]
79A.25.110 Interagency committee for outdoor
recreation—Created—Membership—Terms—
Compensation and travel expenses. There is created the
interagency committee for outdoor recreation consisting of
the commissioner of public lands, the director of parks and
recreation, and the director of fish and wildlife, or their
designees, and, by appointment of the governor with the
advice and consent of the senate, five members from the
public at large who have a demonstrated interest in and a
general knowledge of outdoor recreation in the state. The
terms of members appointed from the public at large shall
commence on January 1st of the year of appointment and
shall be for three years or until a successor is appointed,
except in the case of appointments to fill vacancies which
[Title 79A RCW—page 33]
79A.25.110
Title 79A RCW: Public Recreational Lands
shall be for the remainder of the unexpired term; provided
the first such members shall be appointed for terms as
follows: One member for one year, two members for two
years, and two members for three years. The governor shall
appoint one of the members from the public at large to serve
as chairman of the committee for the duration of the
member’s term. Members employed by the state shall serve
without additional pay and participation in the work of the
committee shall be deemed performance of their employment. Members from the public at large shall be compensated in accordance with RCW 43.03.240 and shall be entitled
to reimbursement individually for travel expenses incurred in
performance of their duties as members of the committee in
accordance with RCW 43.03.050 and 43.03.060. [1994 c
264 § 31; 1988 c 36 § 21; 1985 c 77 § 1; 1984 c 287 § 84.
Prior: 1981 c 338 § 7; 1981 c 206 § 1; 1975-’76 2nd ex.s.
c 34 § 125; 1971 c 60 § 1; 1967 ex.s. c 62 § 2; 1965 c 5 §
11 (Initiative Measure No. 215, approved November 3,
1964). Formerly RCW 43.99.110.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—1981 c 206: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1981." [1981 c 206 § 4.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Construction and maintenance of outdoor recreation facilities by department of natural resources, review by interagency committee for
outdoor recreation: RCW 43.30.300.
79A.25.120 Plans for public outdoor recreation land
acquisition or improvement—Contents—Submission—
Recommendations. Any public body or any agency of state
government authorized to acquire or improve public outdoor
recreation land which desires funds from the outdoor
recreation account, the recreation resource account, or the
nonhighway and off-road vehicle activities program account
shall submit to the committee a long-range plan for developing outdoor recreation facilities within its authority and
detailed plans for the projects sought to be financed from
these accounts, including estimated cost and such other information as the committee may require. The committee
shall analyze all proposed plans and projects, and shall
recommend to the governor for inclusion in the budget such
projects as it may approve and find to be consistent with an
orderly plan for the acquisition and improvement of outdoor
recreation lands in the state. [1995 c 166 § 7; 1983 c 3 §
114; 1965 c 5 § 12 (Initiative Measure No. 215, approved
November 3, 1964). Formerly RCW 43.99.120.]
79A.25.130 Participation in federal programs—
Authority. The committee may apply to any appropriate
agency or officer of the United States for participation in or
the receipt of aid from any federal program respecting
outdoor recreation not specifically designated for another
fund or agency. It may enter into contracts and agreements
with the United States or any appropriate agency thereof,
keep financial and other records relating thereto, and furnish
to appropriate officials and agencies of the United States
such reports and information as may be reasonably necessary
to enable such officials and agencies to perform their duties
[Title 79A RCW—page 34]
under such programs. [1967 ex.s. c 62 § 5. Formerly RCW
43.99.124.]
79A.25.140 Commitments or agreements forbidden
unless sufficient funds available—Agreements with
federal agencies on behalf of state or local agencies—
Conditions. The committee for outdoor recreation shall
make no commitment nor enter into any agreement until it
has determined that sufficient funds are available to meet
project costs. It is the legislative intent that, to such extent
as may be necessary to assure the proper operation and
maintenance of areas and facilities acquired or developed
pursuant to any program participated in by this state under
authority of this chapter, such areas and facilities shall be
publicly maintained for outdoor recreation purposes. When
requested by a state agency or public body, the committee
may enter into and administer agreements with the United
States or any appropriate agency thereof for planning,
acquisition, and development projects involving participating
federal-aid funds on behalf of any state agency, public body,
or subdivision of this state: PROVIDED, That recipients of
funds give necessary assurances to the committee that they
have available sufficient matching funds to meet their shares,
if any, of the cost of the project and that the acquired or
developed areas will be operated and maintained at the
expense of such state agency, public body, or subdivision for
public outdoor recreation use. [1967 ex.s. c 62 § 6.
Formerly RCW 43.99.126.]
79A.25.150 Assistance furnished by state departments—Appointment of director and personnel—Civil
service exemption. When requested by the committee,
members employed by the state shall furnish assistance to
the committee from their departments for the analysis and
review of proposed plans and projects, and such assistance
shall be a proper charge against the appropriations to the
several agencies represented on the committee. Assistance
may be in the form of money, personnel, or equipment and
supplies, whichever is most suitable to the needs of the
committee.
The director shall be appointed by, and serve at the
pleasure of, the governor. The governor shall select the
director from a list of three candidates submitted by the
committee. However, the governor may request and the
committee shall provide an additional list or lists from which
the governor may select the director. The lists compiled by
the committee shall not be subject to public disclosure. The
director shall have background and experience in the areas
of recreation management and policy. The director shall be
paid a salary to be fixed by the governor in accordance with
the provisions of RCW 43.03.040. The director shall appoint
such personnel as may be necessary to carry out the duties
of the committee. Not more than three employees appointed
by the director shall be exempt from the provisions of chapter 41.06 RCW. [1989 c 237 § 3; 1981 c 206 § 2; 1967
ex.s. c 62 § 3; 1965 c 5 § 13 (Initiative Measure No. 215,
approved November 3, 1964). Formerly RCW 43.99.130.]
Effective date—1989 c 237: See note following RCW 79A.25.005.
Effective date—1981 c 206: See note following RCW 79A.25.110.
(2002 Ed.)
Interagency Committee for Outdoor Recreation
79A.25.160 Washington state recreation trails
system, duties of interagency committee for outdoor
recreation. See chapter 79A.35 RCW.
79A.25.170 Public parks and recreation sites guide.
In addition to its other powers and duties the director is
authorized to coordinate the preparation of a comprehensive
guide of public parks and recreation sites in the state of
Washington. Such guide may include one or more maps
showing the locations of such public parks and recreation
areas, and may also include information as to the facilities
and recreation opportunities available. All state agencies
providing public recreational facilities shall participate.
Cooperation of federal agencies providing public recreational
facilities within the state shall be solicited.
The director shall determine the costs of providing and
distributing such a guide and pursue the most feasible means
of paying the costs of initial production. The guide shall be
sold for an amount to cover the reasonable production and
distribution costs involved, and the director may contract
with any state agency, local government agency, or private
firm as otherwise allowed by law for any part of such
production or distribution. [1989 c 237 § 5; 1979 ex.s. c 24
§ 1. Formerly RCW 43.99.142.]
Effective date—1989 c 237: See note following RCW 79A.25.005.
Plan submittal: "The committee shall submit a plan for production
and distribution of the guide to the State Legislature on or before January
1, 1981." [1979 ex.s. c 24 § 3.]
79A.25.180 Public parks and recreation sites
guide—Review and update. The director shall periodically
review and have updated the guide authorized by RCW
79A.25.170. [2000 c 11 § 76; 1989 c 237 § 6; 1979 ex.s. c
24 § 4. Formerly RCW 43.99.146.]
Effective date—1989 c 237: See note following RCW 79A.25.005.
79A.25.190 Appropriations by subsequent legislatures. The 1967 and subsequent legislatures may appropriate funds requested in the budget for grants to public bodies
and state agencies from the recreation resource account to
the committee for allocation and disbursement. The committee shall include a list of prioritized state agency projects to
be funded from the recreation resource account with its
biennial budget request. [1995 c 166 § 8; 1965 c 5 § 15
(Initiative Measure No. 215, approved November 3, 1964).
Formerly RCW 43.99.150.]
79A.25.200 Recreation resource account. The
recreation resource account is created in the state treasury.
Moneys in this account are subject to legislative appropriation. The committee shall administer the account in accordance with this chapter and chapter 79A.35 RCW and shall
hold it separate and apart from all other money, funds, and
accounts of the committee. Moneys received from the
marine fuel tax refund account under RCW 79A.25.070 shall
be deposited into the account. Grants, gifts, or other
financial assistance, proceeds received from public bodies as
administrative cost contributions, and moneys made available
to the state of Washington by the federal government for
outdoor recreation may be deposited into the account. [2000
c 11 § 77; 1995 c 166 § 10. Formerly RCW 43.99.170.]
(2002 Ed.)
79A.25.160
79A.25.210 Firearms range account—Grant program—Rules. The firearms range account is hereby created
in the state general fund. Moneys in the account shall be
subject to legislative appropriation and shall be used for
purchase and development of land, construction or improvement of range facilities, including fixed structure construction or remodeling, equipment purchase, safety or environmental improvements, noise abatement, and liability protection for public and nonprofit firearm range training and
practice facilities.
Grant funds shall not be used for expendable shooting
supplies, or normal operating expenses. In making grants,
the interagency committee for outdoor recreation shall give
priority to projects for noise abatement or safety improvement. Grant funds shall not supplant funds for other
organization programs.
The funds will be available to nonprofit shooting
organizations, school districts, and state, county, or local
governments on a match basis. All entities receiving
matching funds must be open on a regular basis and usable
by law enforcement personnel or the general public who
possess Washington concealed pistol licenses or Washington
hunting licenses or who are enrolled in a firearm safety
class.
Applicants for a grant from the firearms range account
shall provide matching funds in either cash or in-kind
contributions. The match must represent one dollar in value
for each one dollar of the grant except that in the case of a
grant for noise abatement or safety improvements the match
must represent one dollar in value for each two dollars of the
grant. In-kind contributions include but are not limited to
labor, materials, and new property. Existing assets and
existing development may not apply to the match.
Applicants other than school districts or local or state
government must be registered as a nonprofit or not-forprofit organization with the Washington secretary of state.
The organization’s articles of incorporation must contain
provisions for the organization’s structure, officers, legal
address, and registered agent.
Organizations requesting grants must provide the hours
of range availability for public and law enforcement use.
The fee structure will be submitted with the grant application.
Any nonprofit organization or agency accepting a grant
under this program will be required to pay back the entire
grant amount to the firearms range account if the use of the
range facility is discontinued less than ten years after the
grant is accepted.
Entities receiving grants must make the facilities for
which grant funding is received open for hunter safety
education classes and firearm safety classes on a regular
basis for no fee.
Government units or school districts applying for grants
must open their range facility on a regular basis for hunter
safety education classes and firearm safety classes.
The interagency committee for outdoor recreation shall
adopt rules to implement chapter 195, Laws of 1990,
pursuant to chapter 34.05 RCW. [1996 c 96 § 1; 1994 sp.s.
c 7 § 443; 1990 c 195 § 2. Formerly RCW 77.12.720.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
[Title 79A RCW—page 35]
79A.25.210
Title 79A RCW: Public Recreational Lands
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Findings—1990 c 195: "Firearms are collected, used for hunting,
recreational shooting, and self-defense, and firearm owners as well as bow
users need safe, accessible areas in which to shoot their equipment.
Approved shooting ranges provide that opportunity, while at the same time,
promote public safety. Interest in all shooting sports has increased while
safe locations to shoot have been lost to the pressures of urban growth."
[1990 c 195 § 1.]
79A.25.220 Firearms range advisory committee. (1)
A ten-member firearms range advisory committee is hereby
created to provide advice and counsel to the interagency
committee for outdoor recreation. The members shall be
appointed by the director of the interagency committee for
outdoor recreation from the following groups:
(a) Law enforcement;
(b) Washington military department;
(c) Black powder shooting sports;
(d) Rifle shooting sports;
(e) Pistol shooting sports;
(f) Shotgun shooting sports;
(g) Archery shooting sports;
(h) Hunter education;
(i) Hunters; and
(j) General public.
(2) The firearms range advisory committee members
shall serve two-year terms with five new members being
selected each year beginning with the third year of the
committee’s existence. The firearms range advisory committee members shall not receive compensation from the
firearms range account. However, travel and per diem costs
shall be paid consistent with regulations for state employees.
(3) The interagency committee for outdoor recreation
shall provide administrative, operational, and logistical
support for the firearms range advisory committee. Expenses directly incurred for supporting this program may be
charged by the interagency committee for outdoor recreation
against the firearms range account. Expenses shall not
exceed ten percent of the yearly income for the range
account.
(4) The interagency committee for outdoor recreation
shall in cooperation with the firearms range advisory
committee:
(a) Develop an application process;
(b) Develop an audit and accountability program;
(c) Screen, prioritize, and approve grant applications;
and
(d) Monitor compliance by grant recipients.
(5) The department of natural resources, the department
of fish and wildlife, and the Washington military department
are encouraged to provide land, facilitate land exchanges,
and support the development of shooting range facilities.
[1993 sp.s. c 2 § 71; 1990 c 195 § 3. Formerly RCW
77.12.730.]
Effective date—1993 sp.s. c 2 §§ 1-6, 8-59, and 61-79: See RCW
43.300.900.
Severability—1993 sp.s. c 2: See RCW 43.300.901.
Findings—1990 c 195: See note following RCW 79A.25.210.
79A.25.230 Firearms range account—Gifts and
grants. The interagency committee for outdoor recreation
may accept gifts and grants upon such terms as the com[Title 79A RCW—page 36]
mittee shall deem proper. All monetary gifts and grants
shall be deposited in the firearms range account of the
general fund. [1990 c 195 § 4. Formerly RCW 77.12.740.]
Findings—1990 c 195: See note following RCW 79A.25.210.
79A.25.240 Grants and loan administration. The
interagency committee for outdoor recreation shall provide
necessary grants and loan administration support to the
salmon recovery funding board as provided in *RCW
75.46.160. The committee shall also be responsible for
tracking salmon recovery expenditures under *RCW
75.46.180. The committee shall provide all necessary
administrative support to the board, and the board shall be
located with the committee. The committee shall provide
necessary information to the salmon recovery office. [2000
c 11 § 78; 1999 sp.s. c 13 § 17.]
*Reviser’s note: RCW 75.46.160 and 75.46.180 were recodified as
RCW 77.85.120 and 77.85.140, respectively, pursuant to 2000 c 107 § 135.
Severability—Effective date—1999 sp.s. c 13: See notes following
RCW 75.46.005.
79A.25.250 Acquisition, development, etc., of urban
area parks by interagency committee for outdoor recreation. Recognizing the fact that the demand for park
services is greatest in our urban areas, that parks should be
accessible to all Washington citizens, that the urban poor
cannot afford to travel to remotely located parks, that few
state parks are located in or near urban areas, that a need
exists to conserve energy, and that local governments having
jurisdiction in urban areas cannot afford the costs of maintaining and operating the extensive park systems needed to
service their large populations, the legislature hereby directs
the interagency committee for outdoor recreation to place a
high priority on the acquisition, development, redevelopment,
and renovation of parks to be located in or near urban areas
and to be particularly accessible to and used by the populations of those areas. For purposes of RCW 79A.25.250 and
79A.05.300, "urban areas" means any incorporated city with
a population of five thousand persons or greater or any
county with a population density of two hundred fifty
persons per square mile or greater. This section shall be
implemented by January 1, 1981. [2000 c 11 § 79; 1980 c
89 § 3. Formerly RCW 43.51.380.]
YOUTH OR COMMUNITY ATHLETIC FACILITIES
79A.25.800 Intent—Purpose. (Contingent expiration
date.) (1) The legislature recognizes that coordinated
funding efforts are needed to maintain, develop, and improve
the state’s community outdoor athletic fields. Rapid population growth and increased urbanization have caused a
decline in suitable outdoor fields for community athletic
activities and has resulted in overcrowding and deterioration
of existing surfaces. Lack of adequate community outdoor
athletic fields directly affects the health and well-being of all
citizens of the state, reduces the state’s economic viability,
and prevents Washington from maintaining and achieving the
quality of life that it deserves. Therefore, it is the policy of
the state and its agencies to maintain, develop, fund, and
improve youth or community athletic facilities, including but
not limited to community outdoor athletic fields.
(2002 Ed.)
Interagency Committee for Outdoor Recreation
(2) In carrying out this policy, the legislature intends to
promote the building of new community outdoor athletic
fields, the upgrading of existing community outdoor athletic
fields, and the maintenance of existing community outdoor
athletic fields across the state of Washington. The purpose
of RCW 79A.25.800 through 79A.25.830 is to create an
advisory council to provide information and advice to the
interagency committee for outdoor recreation in the distribution of the funds in the *youth athletic facility grant
account established in RCW 43.99N.060(4). [2000 c 11 §
80; 1998 c 264 § 1. Formerly RCW 43.99.800.]
*Reviser’s note: The "youth athletic facility grant account" was
renamed the "youth athletic facility account" by 2000 c 137 § 1.
Severability—1998 c 264: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 264 § 5.]
Contingent expiration date—1998 c 264: "Sections 1 through 4 of
this act expire one year after RCW 82.14.0494 expires." [1998 c 264 § 6.]
79A.25.810 Community outdoor athletic fields
advisory council. (Contingent expiration date.) (1) A
community outdoor athletic fields advisory council is
established within the interagency committee for outdoor
recreation. The advisory council shall consist of nine
members, from the public at large, appointed as follows: (a)
Four members appointed by the chairperson of the interagency committee for outdoor recreation; (b) two members
appointed by the house of representatives, one each appointed by the speaker of the house of representatives and the
minority leader of the house of representatives; (c) two
members appointed by the senate, one each appointed by the
majority leader of the senate and the minority leader of the
senate; and (d) one member appointed by the governor, who
shall serve as chairperson of the advisory council. If a
position on the advisory council which is supposed to be
filled by an appointment by either the house of representatives or the senate is vacant for more than ninety days
because of a failure to make the appointment, the chairperson of the interagency committee may appoint a person to
fill the vacancy. The appointments must reflect an effort to
achieve a balance among the appointed members based upon
factors of geographic, population density, racial, ethnic, and
gender diversity, and with a sense and awareness of community outdoor athletic fields needs, including the complete
variety of outdoor athletic activities.
(2) The community outdoor athletic fields advisory
council shall annually advise, provide information to, and
make recommendations to the interagency committee for
outdoor recreation on how to allocate all of the funds deposited in the youth athletic facility account created in RCW
43.99N.060(4). These recommendations must include, at a
minimum, recommendations concerning the distribution of
funds deposited in the youth athletic facility account between
the maintenance of existing athletic facilities, the development of new athletic facilities, the improvement of existing
athletic facilities, and the award of funds from the youth
athletic facility account to cities, counties, and qualified
nonprofit organizations for acquiring, developing, equipping,
maintaining, and improving youth or community athletic
facilities, including but not limited to community outdoor
athletic fields.
(2002 Ed.)
79A.25.800
(3) The members shall serve three-year terms. Of the
initial members, two shall be appointed for a one-year term,
three shall be appointed for a two-year term, and the
remainder shall be appointed for three-year terms. Thereafter, members shall be appointed for three-year terms. The
member appointed by the governor shall serve as chairperson
of the advisory council for the duration of the member’s
term.
(4) Members of the advisory council shall serve without
compensation, but shall be reimbursed for travel expenses as
provided in RCW 43.03.050 and 43.03.060. [2001 c 245 §
1; 1998 c 264 § 2. Formerly RCW 43.99.810.]
Severability—Contingent expiration date—1998 c 264: See notes
following RCW 79A.25.800.
79A.25.820 Strategic plan—Funding eligibility—
Regional coordination and cooperative efforts—Data
collection and exchange. (Contingent expiration date.)
Subject to available resources, the interagency committee for
outdoor recreation, in consultation with the community
outdoor athletic fields advisory council may:
(1) Prepare and update a strategic plan for the development, maintenance, and improvement of community outdoor
athletic fields in the state. In the preparation of such plan,
the interagency committee for outdoor recreation may use
available data from federal, state, and local agencies having
community outdoor athletic responsibilities, user groups,
private sector interests, and the general public. The plan
may include, but is not limited to:
(a) An inventory of current community outdoor athletic
fields;
(b) A forecast of demand for these fields;
(c) An identification and analysis of actual and potential
funding sources; and
(d) Other information the interagency committee for
outdoor recreation deems appropriate to carry out the
purposes of RCW 79A.25.800 through 79A.25.830;
(2) Determine the eligibility requirements for cities,
counties, and qualified nonprofit organizations to access
funding from the *youth athletic facility grant account
created in RCW 43.99N.060(4);
(3) Encourage and provide opportunities for interagency
and regional coordination and cooperative efforts between
public agencies and between public entities and nonprofit
organizations involved in the maintenance, development, and
improvement of community outdoor athletic fields; and
(4) Create and maintain data, studies, research, and
other information relating to community outdoor athletic
fields in the state, and to encourage the exchange of this
information. [2000 c 11 § 81; 1998 c 264 § 3. Formerly
RCW 43.99.820.]
*Reviser’s note: The "youth athletic facility grant account" was
renamed the "youth athletic facility account" by 2000 c 137 § 1.
Severability—Contingent expiration date—1998 c 264: See notes
following RCW 79A.25.800.
79A.25.830 Gifts, grants, or endowments. (Contingent expiration date.) The interagency committee for
outdoor recreation may receive gifts, grants, or endowments
from public and private sources that are made from time to
time, in trust or otherwise, for the use and benefit of the
purposes of RCW 79A.25.800 through 79A.25.830 and
[Title 79A RCW—page 37]
79A.25.830
Title 79A RCW: Public Recreational Lands
spend gifts, grants, or endowments or income from the
public or private sources according to their terms, unless the
receipt of the gifts, grants, or endowments violates RCW
42.17.710. [2000 c 11 § 82; 1998 c 264 § 4. Formerly
RCW 43.99.830.]
Severability—Contingent expiration date—1998 c 264: See notes
following RCW 79A.25.800.
CONSTRUCTION
79A.25.901 Severability—1965 c 5. If any provision
of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1965 c 5 § 17 (Initiative Measure No.
215, approved November 3, 1964). Formerly RCW
43.99.900.]
79A.25.902 Short title. This chapter shall be known
and may be cited as the Marine Recreation Land Act of
1964. [1965 c 5 § 18 (Initiative Measure No. 215, approved
November 3, 1964). Formerly RCW 43.99.910.]
Chapter 79A.30
WASHINGTON STATE HORSE PARK
Sections
79A.30.005
79A.30.010
79A.30.020
79A.30.030
79A.30.040
79A.30.050
79A.30.900
Findings—Purpose.
Definitions.
Park established—Site approval—Ownership of land—
Development, promotion, operation, management,
and maintenance.
Washington state horse park authority—Formation—
Powers—Articles of incorporation—Board.
Washington state horse park authority—Powers.
Collaboration by authority and state on projects of
shared interest—Cooperation with groups for
youth recreational activities.
Severability—1995 c 200.
79A.30.005 Findings—Purpose. The legislature finds
that:
(1) Horses are part of a large, highly diverse, and vital
industry which provides significant economic, employment,
recreational, and educational contributions to residents of and
visitors to the state of Washington;
(2) Currently there is no adequate facility in the Pacific
Northwest with the acreage, services, and capacity to host
large regional horse shows, national championships, or
Olympics-quality events to showcase and promote this
important Washington industry;
(3) Establishing a first-class horse park facility in
Washington would meet important needs of the state’s horse
industry, attract investment, enhance recreational opportunities, and bring new exhibitors and tourists to the state from
throughout the region and beyond; and
(4) A unique opportunity exists to form a partnership
between state, county, and private interests to create a major
horse park facility that will provide public recreational
opportunities and statewide economic and employment
benefits.
[Title 79A RCW—page 38]
It is the purpose of this legislation to create the framework for such a partnership to facilitate development of the
Washington state horse park. It is further the intent of the
legislature that the state horse park shall be developed in
stages, based on factors such as the availability of funds,
equipment, and other materials donated by private sources;
the availability and willingness of volunteers to work on
park development; and the availability of revenues generated
by the state horse park as it is developed and utilized. [1995
c 200 § 1. Formerly RCW 67.18.005.]
79A.30.010 Definitions. Unless the context clearly
indicates otherwise, the definitions in this section apply
throughout this chapter.
(1) "Authority" means the Washington state horse park
authority authorized to be created in RCW 79A.30.030.
(2) "Commission" means the Washington state parks
and recreation commission.
(3) "Horses" includes all domesticated members of the
taxonomic family Equidae, including but not limited to
horses, donkeys, and mules.
(4) "State horse park" means the Washington state horse
park established in RCW 79A.30.020. [2000 c 11 § 83;
1995 c 200 § 2. Formerly RCW 67.18.010.]
79A.30.020 Park established—Site approval—
Ownership of land—Development, promotion, operation,
management, and maintenance. (1) The Washington state
horse park is hereby established, to be located at a site
approved by the commission. In approving a site for the
state horse park, the commission shall consider areas with
large blocks of land suitable for park development, the
distance to various population centers in the state, the ease
of transportation to the site for large vehicles traveling along
either a north-south or an east-west corridor, and other
factors deemed important by the commission.
(2) Ownership of land for the state horse park shall be
as follows:
(a) The commission is vested with and shall retain
ownership of land provided by the state for the state horse
park. Any lands acquired by the commission after July 23,
1995, for the state horse park shall be purchased under
chapter 79A.15 RCW. The legislature encourages the
commission to provide a long-term lease of the selected
property to the Washington state horse park authority at a
minimal charge. The lease shall contain provisions ensuring
public access to and use of the horse park facilities, and
generally maximizing public recreation opportunities at the
horse park, provided that the facility remains available
primarily for horse-related activities.
(b) Land provided for the state horse park by the county
in which the park is located shall remain in the ownership of
that county unless the county determines otherwise. The
legislature encourages the county to provide a long-term
lease of selected property to the Washington state horse park
authority at a minimal charge.
(c) If the authority acquires additional lands through
donations, grants, or other means, or with funds generated
from the operation of the state horse park, the authority shall
retain ownership of those lands. The authority shall also
(2002 Ed.)
Washington State Horse Park
retain ownership of horse park site improvements paid for by
or through donations or gifts to the authority.
(3) Development, promotion, operation, management,
and maintenance of the state horse park is the responsibility
of the authority created in RCW 79A.30.030. [2000 c 11 §
84; 1995 c 200 § 3. Formerly RCW 67.18.020.]
79A.30.030 Washington state horse park authority—Formation—Powers—Articles of incorporation—
Board. (1) A nonprofit corporation may be formed under
the nonprofit corporation provisions of chapter 24.03 RCW
to carry out the purposes of this chapter. Except as provided
in RCW 79A.30.040, the corporation shall have all the
powers and be subject to the same restrictions as are
permitted or prescribed to nonprofit corporations and shall
exercise those powers only for carrying out the purposes of
this chapter and those purposes necessarily implied therefrom. The nonprofit corporation shall be known as the
Washington state horse park authority. The articles of
incorporation shall provide that it is the responsibility of the
authority to develop, promote, operate, manage, and maintain
the Washington state horse park. The articles of incorporation shall provide for appointment of directors and other
conduct of business consistent with the requirements of this
chapter.
(2)(a) The articles of incorporation shall provide for a
seven-member board of directors for the authority, all
appointed by the governor. Board members shall serve
three-year terms, except that two of the original appointees
shall serve one-year terms, and two of the original appointees shall serve two-year terms. A board member may serve
consecutive terms.
(b) The articles of incorporation shall provide that the
governor appoint board members as follows:
(i) One board member shall represent the interests of the
commission. In making this appointment, the governor shall
solicit recommendations from the commission;
(ii) One board member shall represent the interests of
the county in which the park is located. In making this
appointment, the governor shall solicit recommendations
from the county legislative authority; and
(iii) Five board members shall represent the geographic
and sports discipline diversity of equestrian interests in the
state, and at least one of these members shall have business
experience relevant to the organization of horse shows or
operation of a horse show facility. In making these appointments, the governor shall solicit recommendations from a
variety of active horse-related organizations in the state.
(3) The articles of incorporation shall include a policy
that provides for the preferential use of a specific area of the
horse park facilities at nominal cost for horse groups
associated with youth groups and the disabled.
(4) The governor shall make appointments to fill board
vacancies for positions authorized under subsection (2) of
this section, upon additional solicitation of recommendations
from the board of directors.
(5) The board of directors shall perform their duties in
the best interests of the authority, consistent with the
standards applicable to directors of nonprofit corporations
under RCW 24.03.127. [2000 c 11 § 85; 1995 c 200 § 4.
Formerly RCW 67.18.030.]
(2002 Ed.)
79A.30.020
79A.30.040 Washington state horse park authority—Powers. To meet its responsibility for developing,
promoting, operating, managing, and maintaining the state
horse park, the authority is empowered to do the following:
(1) Exercise the general powers authorized for any
nonprofit corporation as specified in RCW 24.03.035. All
debts of the authority shall be in the name of the authority
and shall not be debts of the state of Washington for which
the state or any state agency shall have any obligation to
pay; and the authority may not issue bonds. Neither the full
faith and credit of the state nor the state’s taxing power is
pledged for any indebtedness of the authority;
(2) Employ and discharge at its discretion employees,
agents, advisors, and other personnel;
(3) Apply for or solicit, accept, administer, and dispose
of grants, gifts, and bequests of money, services, securities,
real estate, or other property. However, if the authority
accepts a donation designated for a specific purpose, the
authority shall use the donation for the designated purpose;
(4) Establish, revise, collect, manage, and expend such
fees and charges at the state horse park as the authority
deems necessary to accomplish its responsibilities;
(5) Make such expenditures as are appropriate for
paying the administrative costs and expenses of the authority
and the state horse park;
(6) Authorize use of the state horse park facilities by the
general public and by and for compatible nonequestrian
events as the authority deems reasonable, so long as the
primacy of the center for horse-related purposes is not compromised;
(7) Insure its obligations and potential liability;
(8) Enter into cooperative agreements with and provide
for private nonprofit groups to use the state horse park
facilities and property to raise money to contribute gifts,
grants, and support to the authority for the purposes of this
chapter;
(9) Grant concessions or leases at the state horse park
upon such terms and conditions as the authority deems
appropriate, but in no event shall the term of a concession or
lease exceed twenty-five years. Concessions and leases shall
be consistent with the purposes of this chapter and may be
renegotiated at least every five years; and
(10) Generally undertake any and all lawful acts
necessary or appropriate to carry out the purposes for which
the authority and the state horse park are created. [1995 c
200 § 5. Formerly RCW 67.18.040.]
79A.30.050 Collaboration by authority and state on
projects of shared interest—Cooperation with groups for
youth recreational activities. (1) If the authority and state
agencies find it mutually beneficial to do so, they are authorized to collaborate and cooperate on projects of shared
interest. Agencies authorized to collaborate with the
authority include but are not limited to: The commission for
activities and projects related to public recreation; the
department of agriculture for projects related to the equine
agricultural industry; the department of community, trade,
and economic development with respect to community and
economic development and tourism issues associated with
development of the state horse park; Washington State
University with respect to opportunities for animal research,
[Title 79A RCW—page 39]
79A.30.050
Title 79A RCW: Public Recreational Lands
education, and extension; the department of ecology with
respect to opportunities for making the state horse park’s
waste treatment facilities a demonstration model for the
handling of waste to protect water quality; and with local
community colleges with respect to programs related to
horses, economic development, business, and tourism.
(2) The authority shall cooperate with 4-H clubs, pony
clubs, youth groups, and local park departments to provide
youth recreational activities. The authority shall also provide
for preferential use of an area of the horse park facility for
youth and the disabled at nominal cost. [1995 c 200 § 6.
Formerly RCW 67.18.050.]
79A.30.900 Severability—1995 c 200. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1995 c 200 § 8. Formerly RCW
67.18.900.]
Chapter 79A.35
WASHINGTON STATE RECREATION
TRAILS SYSTEM
Sections
79A.35.010
79A.35.020
79A.35.030
79A.35.040
79A.35.050
79A.35.060
79A.35.070
79A.35.080
79A.35.090
79A.35.100
79A.35.110
79A.35.120
79A.35.900
Definitions.
Purpose.
Trails to be designated by IAC—Inclusion of other
trails—Procedure.
State trails plan.
Proposals for designation of existing or proposed trails
as state recreational trails.
Coordination by IAC.
Categories of trails or areas—Policy statement as to
certain state lands.
General types of use.
Guidelines.
Consultation and cooperation with state, federal and
local agencies.
Participation by volunteer organizations—Liability of
public agencies therefor limited.
Department of transportation—Participation.
Short title.
79A.35.010 Definitions. As used in this chapter,
"IAC" means the Washington state interagency committee
for outdoor recreation, and "system" means the Washington
state recreation trails system. [1970 ex.s. c 76 § 2. Formerly RCW 67.32.020.]
Interagency committee for outdoor recreation: Chapter 79A.25 RCW.
79A.35.020 Purpose. (1) In order to provide for the
ever increasing outdoor recreation needs of an expanding
resident and tourist population and to promote public access
to, travel within, and the enjoyment and appreciation of
outdoor areas of Washington, it is declared to be in the
public interest to plan a system of trails throughout the state
to enable and encourage the public to engage in outdoor
recreation activities.
(2) The purpose of this chapter is to provide the means
for attaining these objectives by instituting a method for
establishing a system of state recreation trails, and by
prescribing the manner by which a proposed trail may be
[Title 79A RCW—page 40]
included in the system. [1970 ex.s. c 76 § 3. Formerly
RCW 67.32.030.]
79A.35.030 Trails to be designated by IAC—
Inclusion of other trails—Procedure. (1) The system shall
be composed of trails as designated by the IAC. Such trails
shall meet the conditions established in this chapter and such
supplementary criteria as the IAC may prescribe.
(2) The IAC shall establish a procedure whereby
federal, state, and local governmental agencies and/or public
and private organizations may propose trails for inclusion
within the system. Such proposals will comply with the
proposal requirements contained in RCW 79A.35.050.
(3) In consultation with appropriate federal, state, and
local governmental agencies and public and private organizations, the IAC shall establish a procedure for public review
of the proposals considered appropriate for inclusion in the
statewide trails system. [2000 c 11 § 86; 1970 ex.s. c 76 §
4. Formerly RCW 67.32.040.]
79A.35.040 State trails plan. The director shall
prepare a state trails plan as part of the statewide outdoor
recreation and open space plan. Included in this plan shall
be an inventory of existing trails and potential trail routes on
all lands within the state presently being used or with
potential for use by all types of trail users. Such trails plan
may include general routes or corridors within which specific
trails or segments thereof may be considered for designation
as state recreation trails. [1989 c 237 § 7; 1971 ex.s. c 47
§ 1; 1970 ex.s. c 76 § 5. Formerly RCW 67.32.050.]
Effective date—1989 c 237: See note following RCW 79A.25.005.
Severability—1971 ex.s. c 47: See RCW 46.09.900.
Application of chapter—Permission necessary to enter upon private lands:
RCW 46.09.010.
79A.35.050 Proposals for designation of existing or
proposed trails as state recreational trails. Before any
specific existing or proposed trail is considered for designation as a state recreational trail, a proposal must be submitted to the IAC showing the following:
(1) For existing trails:
(a) The route of such trail, including maps and illustrations, and the recommended mode or modes of travel to be
permitted thereon;
(b) The characteristics that, in the judgment of the
agency or organization proposing the trail, make it worthy of
designation as a component of a state recreation trail or trail
system;
(c) A map showing the current status of land ownership
and use along the designated route;
(d) The name of the agency or combination of agencies
that would be responsible for acquiring additional trail
rights-of-way or easements, trail improvement, operation and
maintenance, and a statement from those agencies indicating
the conditions under which they would be willing to accept
those responsibilities;
(e) Any anticipated problems of maintaining and
supervising the use of such trail and any anticipated hazards
to the use of any land or resource adjacent to such trail;
(f) And such others as deemed necessary by the IAC.
(2002 Ed.)
Washington State Recreation Trails System
(2) In addition, for proposed trails or for existing trails
which require additional right-of-way acquisition, easements,
and/or development:
(a) The method of acquiring trail rights-of-way or
easements;
(b) The estimated cost of acquisition of lands, or interest
in land, if any is required;
(c) The plans for developing the trail and the estimated
cost thereof;
(d) Proposed sources of funds to accomplish (2)(a) and
(2)(b) of this section. [1970 ex.s. c 76 § 6. Formerly RCW
67.32.060.]
79A.35.060 Coordination by IAC. Following
designation of a state recreation trail, the IAC may coordinate:
(1) The agency or agencies that will acquire (where
appropriate), develop and/or maintain the trail;
(2) The most appropriate location for the trail;
(3) Modes of travel to be permitted;
(4) And other functions as appropriate. [1970 ex.s. c 76
§ 7. Formerly RCW 67.32.070.]
79A.35.070 Categories of trails or areas—Policy
statement as to certain state lands. The following seven
categories of trails or areas are hereby established for
purposes of this chapter:
(1) Cross-state trails which connect scenic, historical,
geological, geographical, or other significant features which
are characteristic of the state;
(2) Water-oriented trails which provide a designated
path to, on, or along fresh and/or salt water in which the
water is the primary point of interest;
(3) Scenic-access trails which give access to quality
recreation, scenic, historic or cultural areas of statewide or
national significance;
(4) Urban trails which provide opportunities within an
urban setting for walking, bicycling, horseback riding, or
other compatible activities. Where appropriate, they will
connect parks, scenic areas, historical points, and
neighboring communities;
(5) Historical trails which identify and interpret routes
which were significant in the historical settlement and
development of the state;
(6) ORV vehicle trails which are suitable for use by
both four-wheel drive vehicles and two-wheel vehicles.
Such trails may be included as a part of the trail systems
enumerated in subsections (1), (2), (3) and (5) of this section
or may be separately designated;
(7) Off-road and off-trail areas which are suitable for
use by both four-wheel drive vehicles and two-wheel
vehicles. IAC shall coordinate an inventory and classification of such areas giving consideration to the type of use
such areas will receive from persons operating four-wheel
drive vehicles and two-wheel vehicles.
The planning and designation of trails shall take into
account and give due regard to the interests of federal
agencies, state agencies and bodies, counties, municipalities,
private landowners and individuals, and interested recreation
organizations. It is not required that the above categories be
used to designate specific trails, but the IAC will assure that
(2002 Ed.)
79A.35.050
full consideration is given to including trails from all categories within the system. As it relates to all classes of trails
and to all types of trail users, it is herein declared as state
policy to increase recreational trail access to and within state
and federally owned lands and private lands where access
may be obtained. It is the intent of the legislature that
public recreation facilities be developed as fully as possible
to provide greater recreation opportunities for the citizens of
the state. The purpose of chapter 153, Laws of 1972 ex.
sess. is to increase the availability of trails and areas for offroad vehicles by granting authority to state and local
governments to maintain a system of ORV trails and areas,
and to fund the program to provide for such development.
State lands should be used as fully as possible for all public
recreation which is compatible with the income-producing
requirements of the various trusts. [1977 ex.s. c 220 § 21;
1972 ex.s. c 153 § 1; 1971 ex.s. c 47 § 2; 1970 ex.s. c 76 §
8. Formerly RCW 67.32.080.]
Severability—1971 ex.s. c 47: See RCW 46.09.900.
Application of chapter—Permission necessary to enter upon private lands:
RCW 46.09.010.
79A.35.080 General types of use. All trails designated as state recreational trails will be constructed, maintained,
and operated to provide for one or more of the following
general types of use: Foot, foot powered bicycle, horse,
motor vehicular or watercraft travel as appropriate to the
terrain and location, or to legal, administrative or other
necessary restraints. It is further provided that the same trail
shall not be designated for use by foot and vehicular travel
at the same time. [1970 ex.s. c 76 § 9. Formerly RCW
67.32.090.]
79A.35.090 Guidelines. With the concurrence of any
federal or state agency administering lands through which a
state recreation trail may pass, and after consultation with
local governments, private organizations and landowners
which the IAC knows or believes to be concerned, the IAC
may issue guidelines including, but not limited to: Encouraging the permissive use of volunteer organizations for
planning, maintenance or trail construction assistance; trail
construction and maintenance standards, a trail use reporting
procedure, and a uniform trail mapping system. [1971 ex.s.
c 47 § 3; 1970 ex.s. c 76 § 10. Formerly RCW 67.32.100.]
Severability—1971 ex.s. c 47: See RCW 46.09.900.
Application of chapter—Permission necessary to enter upon private lands:
RCW 46.09.010.
79A.35.100 Consultation and cooperation with state,
federal and local agencies. The IAC is authorized and
encouraged to consult and to cooperate with any state, federal or local governmental agency or body including special
districts subject to the provisions of chapter 85.38 RCW,
with private landowners, and with any privately owned
utility having jurisdiction or control over or information
concerning the use, abandonment or disposition of roadways,
utility rights-of-way, dikes or levees, or other properties
suitable for the purpose of improving or expanding the
system in order to assure, to the extent practicable, that any
such properties having value for state recreation trail
[Title 79A RCW—page 41]
79A.35.100
Title 79A RCW: Public Recreational Lands
purposes may be made available for such use. [1993 c 258
§ 1; 1970 ex.s. c 76 § 11. Formerly RCW 67.32.110.]
79A.35.110 Participation by volunteer organizations—Liability of public agencies therefor limited.
Volunteer organizations may assist public agencies, with the
agency’s approval, in the construction and maintenance of
recreational trails in accordance with the guidelines issued by
the interagency committee. In carrying out such volunteer
activities the members of the organizations shall not be
considered employees or agents of the public agency
administering the trails, and such public agencies shall not be
subject to any liability whatsoever arising out of volunteer
activities. The liability of public agencies to members of
such volunteer organizations shall be limited in the same
manner as provided for in RCW 4.24.210. [1971 ex.s. c 47
§ 4. Formerly RCW 67.32.130.]
Severability—1971 ex.s. c 47: See RCW 46.09.900.
Application of chapter—Permission necessary to enter upon private lands:
RCW 46.09.010.
79A.35.120 Department of transportation—
Participation. The department of transportation shall
consider plans for trails along and across all new construction projects, improvement projects, and along or across any
existing highways in the state system as deemed desirable by
the IAC. [1984 c 7 § 368; 1971 ex.s. c 47 § 5. Formerly
RCW 67.32.140.]
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1971 ex.s. c 47: See RCW 46.09.900.
Application of chapter—Permission necessary to enter upon private lands:
RCW 46.09.010.
79A.35.900 Short title. This chapter may be cited as
the Washington State Recreation Trails System Act. [1970
ex.s. c 76 § 1. Formerly RCW 67.32.010.]
Chapter 79A.40
CONVEYANCES FOR PERSONS IN
RECREATIONAL ACTIVITIES
Sections
79A.40.010
79A.40.020
79A.40.030
79A.40.040
79A.40.050
79A.40.060
79A.40.070
79A.40.080
79A.40.090
79A.40.100
Safe and adequate facilities and equipment required of
owner and operator—Operator not common carrier.
Plans, specifications to be submitted to state parks and
recreation commission—Approval—Penalty.
Orders directing repairs, improvements, changes, etc.—
Notice—Forbidding operation.
Penalty for violation of chapter or rules, etc., of parks
and recreation commission.
Inspector of recreational devices—Employees.
Powers and duties of inspector—Condemnation of
equipment—Annual inspection.
Costs of inspection and plan review—Lien—
Disposition of funds.
State immunity from liability—Actions deemed exercise of police power.
Rules and codes.
Judicial review.
common carrier. Every owner or operator of any recreational device designed and operated for the conveyance of
persons which aids in promoting entertainment, pleasure,
play, relaxation, or instruction, specifically including devices
generally associated with winter sports activities such as ski
lifts, ski tows, j-bars, t-bars, ski mobiles, chair lifts, and
similar devices and equipment, shall construct, furnish,
maintain, and provide safe and adequate facilities and
equipment with which safely and properly to receive and
transport all persons offered to and received by the owner or
operator of such devices, and to promote the safety of such
owner’s or operator’s patrons, employees and the public.
The owner or operator of the devices and equipment covered
by this section shall be deemed not to be a common carrier.
[1965 ex.s. c 85 § 1; 1961 c 253 § 1; 1959 c 327 § 1.
Formerly RCW 70.88.010.]
79A.40.020 Plans, specifications to be submitted to
state parks and recreation commission—Approval—
Penalty. It shall be unlawful after June 10, 1959, to
construct or install any such recreational device as set forth
in RCW 79A.40.010 without first submitting plans and
specifications for such device to the state parks and recreation commission and receiving the approval of the commission for such construction or installation. Violation of this
section shall be a misdemeanor. [2000 c 11 § 87; 1959 c
327 § 2. Formerly RCW 70.88.020.]
79A.40.030 Orders directing repairs, improvements,
changes, etc.—Notice—Forbidding operation. The state
parks and recreation commission shall have the authority and
the responsibility for the inspection of the devices set forth
in RCW 79A.40.010 and in addition shall have the following
powers and duties:
(1) Whenever the commission, after hearing called upon
its own motion or upon complaint, finds that additional
apparatus, equipment, facilities or devices for use or in
connection with the transportation or conveyance of persons
upon the devices set forth in RCW 79A.40.010, ought
reasonably to be provided, or any repairs or improvements
to, or changes in, any theretofore in use ought reasonably to
be made, or any additions or changes in construction should
reasonably be made thereto, in order to promote the security
and safety of the public or employees, it may make and
serve an order directing such repairs, improvements, changes, or additions to be made.
(2) If the commission finds that the equipment, or
appliances in connection therewith, or the apparatus, or other
structures of the recreational device set forth in RCW
79A.40.010 are defective, and that the operation thereof is
dangerous to the employees of the owner or operator of such
device or to the public, it shall immediately give notice to
the owner or operator of such device of the repairs or
reconstruction necessary to place the same in a safe condition, and may prescribe the time within which they shall be
made. If, in its opinion, it is needful or proper, the commission may forbid the operation of the device until it is
repaired and placed in a safe condition. [2000 c 11 § 88;
1959 c 327 § 3. Formerly RCW 70.88.030.]
79A.40.010 Safe and adequate facilities and equipment required of owner and operator—Operator not
[Title 79A RCW—page 42]
(2002 Ed.)
Conveyances for Persons in Recreational Activities
79A.40.040 Penalty for violation of chapter or rules,
etc., of parks and recreation commission. Any violation
of this chapter or the rules, regulations and codes of the state
parks and recreation commission relating to public safety in
the construction, operation and maintenance of the recreational devices provided for in this chapter shall be a
misdemeanor. [1965 ex.s. c 85 § 2; 1959 c 327 § 4.
Formerly RCW 70.88.040.]
79A.40.050 Inspector of recreational devices—
Employees. The state parks and recreation commission shall
employ or retain a person qualified in engineering experience
and training who shall be designated as the inspector of
recreational devices, and may employ such additional
employees as are necessary to properly administer this
chapter. The inspector and such additional employees may
be hired on a temporary basis or borrowed from other state
departments, or the commission may contract with individuals or firms for such inspecting service on an independent
basis. The commission shall prescribe the salary or other
remuneration for such service. [1959 c 327 § 5. Formerly
RCW 70.88.050.]
79A.40.060 Powers and duties of inspector—
Condemnation of equipment—Annual inspection. The inspector of recreational devices and his or her assistants shall
inspect all equipment and appliances connected with the
recreational devices set forth in RCW 79A.40.010 and make
such reports of his or her inspection to the commission as
may be required. He or she shall, on discovering any
defective equipment, or appliances connected therewith,
rendering the use of the equipment dangerous, immediately
report the same to the owner or operator of the device on
which it is found, and in addition report it to the commission. If in the opinion of the inspector the continued
operation of the defective equipment constitutes an immediate danger to the safety of the persons operating or being
conveyed by such equipment, the inspector may condemn
such equipment and shall immediately notify the commission
of his or her action in this respect: PROVIDED, That
inspection required by this chapter must be conducted at
least once each year. [2000 c 11 § 89; 1959 c 327 § 6.
Formerly RCW 70.88.060.]
79A.40.070 Costs of inspection and plan review—
Lien—Disposition of funds. The expenses incurred in
connection with making inspections under this chapter shall
be paid by the owner or operator of such recreational devices
either by reimbursing the commission for the costs incurred
or by paying directly such individuals or firms that may be
engaged by the commission to accomplish the inspection
service. Payment shall be made only upon notification by
the commission of the amount due. The commission shall
maintain accurate and complete records of the costs incurred
for each inspection and plan review for construction approval
and shall assess the respective owners or operators of said
recreational devices only for the actual costs incurred by the
commission for such safety inspections and plan review for
construction approval. The costs as assessed by the commission shall be a lien on the equipment of the owner or operator of the recreational devices so inspected. Such moneys
(2002 Ed.)
79A.40.040
collected by the commission under this section shall be paid
into the state parks renewal and stewardship account. [1997
c 137 § 5; 1990 c 136 § 1; 1975 1st ex.s. c 74 § 1; 1961 c
253 § 2; 1959 c 327 § 7. Formerly RCW 70.88.070.]
Effective date—1997 c 137: See note following RCW 79A.05.055.
Parks and parkways account abolished: RCW 43.79.405.
79A.40.080 State immunity from liability—Actions
deemed exercise of police power. Inspections, rules, and
orders of the state parks and recreation commission resulting
from the exercise of the provisions of this chapter and
chapter 79A.45 RCW shall not in any manner be deemed to
impose liability upon the state for any injury or damage
resulting from the operation or signing of the facilities regulated by this chapter, and all actions of the state parks and
recreation commission and its personnel shall be deemed to
be an exercise of the police power of the state. [2000 c 11
§ 90; 1991 c 75 § 2; 1990 c 136 § 3; 1959 c 327 § 8.
Formerly RCW 70.88.080.]
79A.40.090 Rules and codes. The state parks and
recreation commission is empowered to adopt reasonable
rules and codes relating to public safety in the construction,
operation, signing, and maintenance of the recreational
devices provided for in this chapter. The rules and codes
authorized hereunder shall be in accordance with established
standards, if any, and shall not be discriminatory in their
application. [1991 c 75 § 3; 1959 c 327 § 9. Formerly
RCW 70.88.090.]
79A.40.100 Judicial review. The procedure for
review of the orders or actions of the state parks and
recreation commission, its agents or employees, shall be the
same as that contained in RCW 81.04.170, 81.04.180, and
81.04.190. [1959 c 327 § 10. Formerly RCW 70.88.100.]
Chapter 79A.45
SKIING AND COMMERCIAL SKI ACTIVITY
Sections
79A.45.010
79A.45.020
79A.45.030
79A.45.040
79A.45.050
79A.45.060
Ski area sign requirements.
"Trails" or "runs" defined.
Standard of conduct—Prohibited acts—Responsibility.
Skiing outside of trails or boundaries—Notice of skier
responsibility.
Leaving scene of skiing accident—Penalty—Notice.
Insurance requirements for operators.
79A.45.010 Ski area sign requirements. (1) The
operator of any ski area shall maintain a sign system based
on international or national standards and as may be required
by the state parks and recreation commission.
All signs for instruction of the public shall be bold in
design with wording short, simple, and to the point. All
such signs shall be prominently placed.
Entrances to all machinery, operators’, and attendants’
rooms shall be posted to the effect that unauthorized persons
are not permitted therein.
The sign "Working on Lift" or a similar warning sign
shall be hung on the main disconnect switch and at control
[Title 79A RCW—page 43]
79A.45.010
Title 79A RCW: Public Recreational Lands
points for starting the auxiliary or prime mover when a
person is working on the passenger tramway.
(2) All signs required for normal daytime operation shall
be in place, and those pertaining to the tramway, lift, or tow
operations shall be adequately lighted for night skiing.
(3) If a particular trail or run has been closed to the
public by an operator, the operator shall place a notice
thereof at the top of the trail or run involved, and no person
shall ski on a run or trail which has been designated
"Closed".
(4) An operator shall place a notice at the embarking
terminal or terminals of a lift or tow which has been closed
that the lift or tow has been closed and that a person
embarking on such a lift or tow shall be considered to be a
trespasser.
(5) Any snow making machines or equipment shall be
clearly visible and clearly marked. Snow grooming equipment or any other vehicles shall be equipped with a yellow
flashing light at any time the vehicle is moving on or in the
vicinity of a ski run; however, low profile vehicles, such as
snowmobiles, may be identified in the alternative with a flag
on a mast of not less than six feet in height.
(6) The operator of any ski area shall maintain a readily
visible sign on each rope tow, wire rope tow, j-bar, t-bar, ski
lift, or other similar device, advising the users of the device
that:
(a) Any person not familiar with the operation of the lift
shall ask the operator thereof for assistance and/or instruction; and
(b) The skiing-ability level recommended for users of
the lift and the runs served by the device shall be classified
"easiest", "more difficult", and "most difficult". [1991 c 75
§ 1; 1989 c 81 § 2; 1977 ex.s. c 139 § 1. Formerly RCW
70.117.010.]
Severability—1989 c 81: See note following RCW 79A.45.020.
79A.45.020 "Trails" or "runs" defined. As used in
this chapter, the following terms have the meanings indicated
unless the context clearly requires otherwise.
"Trails" or "runs" means those trails or runs that have
been marked, signed, or designated by the ski area operator
as ski trails or ski runs within the ski area boundary. [1989
c 81 § 1. Formerly RCW 70.117.015.]
Severability—1989 c 81: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 81 § 6.]
79A.45.030 Standard of conduct—Prohibited acts—
Responsibility. (1) In addition to the specific requirements
of this section, all skiers shall conduct themselves within the
limits of their individual ability and shall not act in a manner
that may contribute to the injury of themselves or any other
person.
(2) No person shall:
(a) Embark or disembark upon a ski lift except at a
designated area;
(b) Throw or expel any object from any tramway, ski
lift, commercial skimobile, or other similar device while
riding on the device;
[Title 79A RCW—page 44]
(c) Act in any manner while riding on a rope tow, wire
rope tow, j-bar, t-bar, ski lift, or similar device that may
interfere with the proper or safe operation of the lift or tow;
(d) Wilfully engage in any type of conduct which may
injure any person, or place any object in the uphill ski track
which may cause another to fall, while traveling uphill on a
ski lift; or
(e) Cross the uphill track of a j-bar, t-bar, rope tow,
wire rope tow, or other similar device except at designated
locations.
(3) Every person shall maintain control of his or her
speed and course at all times, and shall stay clear of any
snowgrooming equipment, any vehicle, any lift tower, and
any other equipment on the mountain.
(4) A person shall be the sole judge of his or her ability
to negotiate any trail, run, or uphill track and no action shall
be maintained against any operator by reason of the condition of the track, trail, or run unless the condition results
from the negligence of the operator.
(5) Any person who boards a rope tow, wire rope tow,
j-bar, t-bar, ski lift, or other similar device shall be presumed
to have sufficient abilities to use the device. No liability
shall attach to any operator or attendant for failure to instruct
the person on the use of the device, but a person shall follow
any written or verbal instructions that are given regarding the
use.
(6) Because of the inherent risks in the sport of skiing
all persons using the ski hill shall exercise reasonable care
for their own safety. However, the primary duty shall be on
the person skiing downhill to avoid any collision with any
person or object below him or her.
(7) Any person skiing outside the confines of trails open
for skiing or runs open for skiing within the ski area
boundary shall be responsible for any injuries or losses
resulting from his or her action.
(8) Any person on foot or on any type of sliding device
shall be responsible for any collision whether the collision is
with another person or with an object.
(9) A person embarking on a lift or tow without
authority shall be considered to be a trespasser. [1989 c 81
§ 3; 1977 ex.s. c 139 § 2. Formerly RCW 70.117.020.]
Severability—1989 c 81: See note following RCW 79A.45.020.
79A.45.040 Skiing outside of trails or boundaries—
Notice of skier responsibility. Ski area operators shall
place a notice of the provisions of RCW 79A.45.030(7) on
their trail maps, at or near the ticket booth, and at the bottom
of each ski lift or similar device. [2000 c 11 § 91; 1989 c
81 § 5. Formerly RCW 70.117.025.]
Severability—1989 c 81: See note following RCW 79A.45.020.
79A.45.050 Leaving scene of skiing accident—
Penalty—Notice. (1) Any person who is involved in a
skiing accident and who departs from the scene of the
accident without leaving personal identification or otherwise
clearly identifying himself or herself before notifying the
proper authorities or obtaining assistance, knowing that any
other person involved in the accident is in need of medical
or other assistance, shall be guilty of a misdemeanor.
(2) An operator shall place a prominent notice containing the substance of this section in such places as are
(2002 Ed.)
Skiing and Commercial Ski Activity
necessary to notify the public. [1989 c 81 § 4; 1977 ex.s. c
139 § 3. Formerly RCW 70.117.030.]
Severability—1989 c 81: See note following RCW 79A.45.020.
79A.45.060 Insurance requirements for operators.
(1) Every tramway, ski lift, or commercial skimobile
operator shall maintain liability insurance of not less than
one hundred thousand dollars per person per accident and of
not less than two hundred thousand dollars per accident.
(2) Every operator of a rope tow, wire rope tow, j-bar,
t-bar, or similar device shall maintain liability insurance of
not less than twenty-five thousand dollars per person per
accident and of not less than fifty thousand dollars per
accident.
(3) This section shall not apply to operators of tramways
that are not open to the general public and that are operated
without charge, except that this section shall apply to
operators of tramways that are operated by schools, ski
clubs, or similar organizations. [1977 ex.s. c 139 § 4.
Formerly RCW 70.117.040.]
Chapter 79A.50
PUBLIC LANDS FOR STATE OR CITY PARKS
Sections
79A.50.010
79A.50.020
79A.50.030
79A.50.040
79A.50.050
79A.50.060
79A.50.070
79A.50.080
79A.50.090
79A.50.100
79A.50.110
Use of public lands for state or city park purposes—
Regents’ consent, when.
Use of public lands for state or city park purposes—
Rental—Deposit of rent.
Use of public lands for state or city park purposes—
Removal of timber—Consent—Compensation.
State lands used for state parks—Trust lands, payment
of full market value rental—Other lands, rent free.
State lands used for state parks—Trust lands—
Determination of full market value by board of
natural resources.
State lands used for state parks—Trust lands—Full
market value rental defined—Factor in determination.
State lands used for state parks—Certain funds appropriated for rental to be deposited without deduction for management purposes.
Utilization of public lands for outdoor recreational and
other beneficial public uses—State agency cooperation.
Department estopped from certain actions respecting
state parks without concurrence of commission.
State trust lands—Withdrawal—Revocation or modification of withdrawal when used for recreational
purposes—Hearing—Notice—Board to determine
most beneficial use in accordance with policy.
Exchange of lands to secure private lands for parks
and recreation purposes.
79A.50.010 Use of public lands for state or city
park purposes—Regents’ consent, when. The department
of natural resources is hereby authorized to withdraw from
sale or lease, and reserve for state or city park purposes,
public lands selected by the state parks and recreation
commission, for such time as it shall determine will be for
the best interests of the state and any particular fund for
which said public lands are being held in trust: PROVIDED,
None of the lands selected under the provisions of section 3,
chapter 91, Laws of 1903, shall be withdrawn or reserved
hereunder without the consent of the board of regents of the
(2002 Ed.)
79A.45.050
University of Washington; except that the consent of the
board of regents of the University of Washington shall not
be required with regard to any such lands which are situated
within the corporate limits of any city or town and are
presently zoned for residential use. [1969 ex.s. c 129 § 2;
1951 c 26 § 1. Formerly RCW 79.08.102.]
Reviser’s note: 1903 c 91 § 3 referred to herein is not codified. See
Index of Public Land Acts of Special or Historical Nature not codified in
RCW following Title 79 RCW digest.
79A.50.020 Use of public lands for state or city
park purposes—Rental—Deposit of rent. The department
of natural resources and the state parks and recreation
commission shall fix a yearly reasonable rental for the use
of public lands reserved for state park purposes, which shall
be paid by the commission to the department for the particular fund for which the lands had been held in trust, and
which rent shall be transmitted to the state treasurer for
deposit in such fund. [1988 c 128 § 59; 1951 c 26 § 2.
Formerly RCW 79.08.104.]
79A.50.030 Use of public lands for state or city
park purposes—Removal of timber—Consent—
Compensation. No merchantable timber shall be cut or
removed from lands reserved for state park purposes without
the consent of the department of natural resources and
without payment to the particular fund for which the lands
are held in trust, the reasonable value thereof as fixed by the
department. [1988 c 128 § 60; 1951 c 26 § 3. Formerly
RCW 79.08.106.]
79A.50.040 State lands used for state parks—Trust
lands, payment of full market value rental—Other lands,
rent free. The parks and recreation commission shall pay
to the department of natural resources the full market value
rental for state-owned lands acquired in trust from the United
States that are used for state parks. All other state lands
used by the parks and recreation commission for state parks
shall be rent free. [1967 ex.s. c 63 § 4. Formerly RCW
79.08.1062.]
79A.50.050 State lands used for state parks—Trust
lands—Determination of full market value by board of
natural resources. The full market value shall be determined by the board of natural resources for trust lands used
for state park purposes. [1969 ex.s. c 189 § 1; 1967 ex.s. c
63 § 5. Formerly RCW 79.08.1064.]
79A.50.060 State lands used for state parks—Trust
lands—Full market value rental defined—Factor in
determination. The full market value rental for trust lands
used by the parks and recreation commission shall be a
percentage of the full market value of the land and the board
of natural resources shall consider in its deliberations the
average percentage of return realized by the state during the
preceding fiscal biennium on the invested common school
permanent fund. [1969 ex.s. c 189 § 2; 1967 ex.s. c 63 § 6.
Formerly RCW 79.08.1066.]
79A.50.070 State lands used for state parks—
Certain funds appropriated for rental to be deposited
[Title 79A RCW—page 45]
79A.50.070
Title 79A RCW: Public Recreational Lands
without deduction for management purposes. Any funds
appropriated to the state parks and recreation commission for
payment of rental for use of state lands reserved for state
park purposes during the 1969-71 biennium and received by
the department of natural resources shall be deposited by the
department to the applicable trust land accounts without the
deduction normally applied to such revenues for management
purposes. [1969 ex.s. c 189 § 3. Formerly RCW
79.08.1069.]
79A.50.080 Utilization of public lands for outdoor
recreational and other beneficial public uses—State
agency cooperation. In order to maximize outdoor recreation opportunities for the people of the state of Washington
and allow for the full utilization of state owned land, all state
departments and agencies are authorized and directed to
cooperate together in fully utilizing the public lands. All
state departments and agencies, vested with statutory
authority for utilizing land for outdoor recreation or other
beneficial public uses, are authorized and directed to apply
to another state department or agency holding suitable public
lands for permission of use. The department or agency
applied to is authorized and directed to grant permission of
use to the applying department or agency if the public use of
the public land would be consistent with the existing and
continuing principal uses. Trust lands may be withdrawn for
outdoor recreation purposes from sale or lease for other purposes by the department of natural resources pursuant to this
section subject to the constraints imposed by the Washington
state Constitution and the federal enabling statute. The
decision regarding such consistency with existing and continuing principal uses shall be made by the agency owning
or controlling such lands and which decision shall be final.
[1969 ex.s. c 247 § 1. Formerly RCW 79.08.1072.]
79A.50.090 Department estopped from certain
actions respecting state parks without concurrence of
commission. The department of natural resources shall not
rescind the withdrawal of public land in any existing and
future state park nor sell any timber or other valuable
material therefrom or grant any right of way or easement
thereon, except as provided in the withdrawal order or for
off-site drilling, without the concurrence of the state parks
and recreation commission.
The department of natural resources shall have reasonable access across such lands in order to reach other public
lands administered by the department of natural resources.
[1969 ex.s. c 247 § 2. Formerly RCW 79.08.1074.]
(2) The department shall cause notice of the withdrawal,
revocation of withdrawal or modification of withdrawal of
state trust lands as described in subsection (1) of this section
to be published by advertisement once a week for four
weeks prior to the public hearing in at least one newspaper
published and of general circulation in the county or counties
in which the state trust lands are situated, and by causing a
copy of said notice to be posted in a conspicuous place in
the department’s Olympia office, in the district office in
which the land is situated, and in the office of the county
auditor in the county where the land is situated thirty days
prior to the public hearing. The notice shall specify the time
and place of the public hearing and shall describe with
particularity each parcel of state trust lands involved in said
hearing.
(3) The board of natural resources shall administer the
hearing according to its prescribed rules and regulations.
(4) The board of natural resources shall determine the
most beneficial use or combination of uses of the state trust
lands. Its decision will be conclusive as to the matter:
PROVIDED, HOWEVER, That said decisions as to uses
shall conform to applicable state plans and policy guidelines
adopted by the department of community, trade, and economic development. [1995 c 399 § 209; 1985 c 6 § 24;
1969 ex.s. c 129 § 1. Formerly RCW 79.08.1078.]
Purchase of withdrawn state trust lands by state parks and recreation
commission: RCW 79A.05.210.
Reconveyance of state forest land to counties for park purposes: RCW
76.12.072 through 76.12.075.
79A.50.110 Exchange of lands to secure private
lands for parks and recreation purposes. For the purpose
of securing and preserving privately owned lands for parks
and recreation purposes, the department of natural resources
is authorized, with the advice and approval of the state board
of natural resources, to exchange any state lands of equal
value for such lands. Lands acquired by exchange as herein
provided shall be withdrawn from lease and sale and
reserved for park and recreation purposes. [1967 ex.s. c 64
§ 2. Formerly RCW 79.08.109.]
Construction—Severability—1967 ex.s. c 64: See notes following
RCW 43.30.300.
Outdoor recreation facilities, construction and maintenance by department
of natural resources: RCW 43.30.300.
Chapter 79A.55
SCENIC RIVER SYSTEM
State trust lands—Withdrawal—Revocation or modification of withdrawal
when used for recreational purposes—Board to determine most
beneficial use in accordance with policy: RCW 79A.50.100.
Sections
79A.55.005
79A.55.010
79A.55.020
79A.50.100 State trust lands—Withdrawal—
Revocation or modification of withdrawal when used for
recreational purposes—Hearing—Notice—Board to
determine most beneficial use in accordance with policy.
(1) A public hearing may be held prior to any withdrawal of
state trust lands and shall be held prior to any revocation of
withdrawal or modification of withdrawal of state trust lands
used for recreational purposes by the department of natural
resources or by other state agencies.
79A.55.020
[Title 79A RCW—page 46]
79A.55.030
79A.55.040
Legislative finding—Purpose.
Definitions.
Management policies—Development—Hearings—
Notice (as amended by 1999 c 151).
Management policies—Development—Inclusion of
management plans—Identification and exclusion of
unsuitably developed lands—Boundaries of river
areas—Hearings—Notice—Meetings—Chair—
Studies—Proposals for system additions (as
amended by 1999 c 249).
Administration of management program—Powers,
duties, and authority of commission.
State agencies and local governments to pursue policies to conserve and enhance included river ar(2002 Ed.)
Scenic River System
79A.55.050
79A.55.060
79A.55.070
79A.55.080
79A.55.090
79A.55.900
eas—Shoreline management act—Private lands—
Trust lands.
Criteria for inclusion of rivers within system.
Authority of department of fish and wildlife unaffected.
Rivers designated as part of system.
Inclusion of state’s scenic rivers in national wild and
scenic river system not precluded.
Wildlife fund moneys not to be used.
Severability—1977 ex.s. c 161.
79A.55.005 Legislative finding—Purpose. The
legislature hereby finds that many rivers of this state, with
their immediate environs, possess outstanding natural, scenic,
historic, ecological, and recreational values of present and
future benefit to the public. The legislature further finds that
the policy of permitting the construction of dams and other
impoundment facilities at appropriate sections of the rivers
of this state needs to be complemented by a policy that
would protect and preserve the natural character of such
rivers and fulfill other conservation purposes. It is hereby
declared to be the policy of this state that certain selected
rivers of the state which, with their immediate environs,
possess the aforementioned characteristics, shall be preserved
in as natural a condition as practical and that overuse of such
rivers, which tends to downgrade their natural condition,
shall be discouraged.
The purpose of this chapter is to establish a program for
managing publicly owned land on rivers included in the
state’s scenic river system, to indicate the river segments to
be initially included in that system, to prescribe a procedure
for adding additional components to the system, and to
protect the rights of private property owners. [1977 ex.s. c
161 § 1. Formerly RCW 79.72.010.]
79A.55.010 Definitions. The definitions set forth in
this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Commission" means the state parks and recreation
commission.
(2) "Participating local government" means the legislative authority of any city or county, a portion of whose
territorial jurisdiction is bounded by or includes a river or
river segment of the state’s scenic river system.
(3) "River" means a flowing body of water or a section,
segment, or portion thereof.
(4) "River area" means a river and the land area in its
immediate environs as established by the participating
agencies not exceeding a width of one-quarter mile landward
from the streamway on either side of the river.
(5) "Scenic easement" means the negotiated right to
control the use of land, including the air space above the
land, for the purpose of protecting the scenic view throughout the visual corridor.
(6) "Streamway" means that stream-dependent corridor
of single or multiple, wet or dry, channel or channels within
which the usual seasonal or stormwater run-off peaks are
contained, and within which environment the flora, fauna,
soil, and topography is dependent on or influenced by the
height and velocity of the fluctuating river currents.
(7) "System" means all the rivers and river areas in the
state designated by the legislature for inclusion as scenic
rivers but does not include tributaries of a designated river
(2002 Ed.)
Chapter 79A.55
unless specifically included by the legislature. The inclusion
of a river in the system does not mean that other rivers or
tributaries in a drainage basin shall be required to be part of
the management program developed for the system unless
the rivers and tributaries within the drainage basin are
specifically designated for inclusion by the legislature.
(8) "Visual corridor" means that area which can be seen
in a normal summer month by a person of normal vision
walking either bank of a river included in the system. The
visual corridor shall not exceed the river area. [1999 c 249
§ 801; 1999 c 151 § 1701; 1994 c 264 § 64; 1988 c 36 § 57;
1987 c 57 § 1; 1984 c 7 § 371; 1977 ex.s. c 161 § 2.
Formerly RCW 79.72.020.]
Reviser’s note: This section was amended by 1999 c 151 § 1701 and
by 1999 c 249 § 801, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1999 c 249: See note following RCW 79A.05.010.
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Severability—1984 c 7: See note following RCW 47.01.141.
79A.55.020 Management policies—Development—Hearings—
Notice (as amended by 1999 c 151). (1) The department shall develop and
adopt management policies for publicly owned or leased land on the rivers
designated by the legislature as being a part of the state’s scenic river
system and within the associated river areas. The department may adopt
regulations identifying river classifications which reflect the characteristics
common to various segments of scenic rivers and may adopt management
policies consistent with local government’s shoreline management master
plans appropriate for each such river classification. All such policies shall
be ((subject to review by the committee of participating agencies. Once
such a policy has been approved by a majority vote of the committee
members, it shall be)) adopted by the department in accordance with the
provisions of chapter 34.05 RCW, as now or hereafter amended. Any
variance with such a policy by any public agency shall be authorized only
by the approval of the ((committee of participating agencies by majority
vote,)) department and shall be made only to alleviate unusual hardships
unique to a given segment of the system.
(2) Any policies developed pursuant to subsection (1) of this section
shall include management plans for protecting ecological, economic,
recreational, aesthetic, botanical, scenic, geological, hydrological, fish and
wildlife, historical, cultural, archaeological, and scientific features of the
rivers designated as being in the system. Such policies shall also include
management plans to encourage any nonprofit group, organization,
association, person, or corporation to develop and adopt programs for the
purpose of increasing fish propagation.
(3) The ((committee of participating agencies shall, by two-thirds
majority vote,)) department shall identify on a river by river basis any
publicly owned or leased lands which could be included in a river area of
the system but which are developed in a manner unsuitable for land to be
managed as part of the system. The department shall exclude lands so
identified from the provisions of any management policies implementing the
provisions of this chapter.
(4) The ((committee of participating agencies, by majority vote,))
department shall determine the boundaries which shall define the river area
associated with any included river. With respect to the rivers named in
*RCW 79.72.080, the ((committee)) department shall make such determination, and those determinations authorized by subsection (3) of this section,
within one year of September 21, 1977.
(5) Before making a decision regarding the river area to be included
in the system, a variance in policy, or the excluding of land from the
provisions of the management policies, the ((committee)) department shall
hold hearings in accord with chapter 34.05 RCW, with at least one public
hearing to be held in the general locale of the river under consideration.
The department shall cause to be published in a newspaper of general
circulation in the area which includes the river or rivers to be considered,
a description, including a map showing such river or rivers, of the material
to be considered at the public hearing. Such notice shall appear at least
twice in the time period between two and four weeks prior to the public
hearing.
[Title 79A RCW—page 47]
79A.55.020
Title 79A RCW: Public Recreational Lands
(((6) Meetings of the committee shall be called by the department or
by written petition signed by five or more of the committee members. The
chairman of the parks and recreation commission or the chairman’s designee
shall serve as the chairman of any meetings of the committee held to
implement the provisions of this chapter.))
The ((committee)) department shall seek and receive comments from
the public regarding potential additions to the system, shall initiate studies,
and may((, through the department,)) submit to any session of the legislature
proposals for additions to the state scenic river system. These proposals
shall be accompanied by a detailed report on the factors which, in the
((committee’s)) department’s judgment, make an area a worthy addition to
the system. [1999 c 151 § 1702; 1977 ex.s. c 161 § 3. Formerly RCW
79.72.030.]
*Reviser’s note: RCW 79.72.080 was recodified as RCW
79A.55.070 pursuant to 1999 c 249 § 1601.
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
79A.55.020 Management policies—Development—Inclusion of
management plans—Identification and exclusion of unsuitably developed lands—Boundaries of river areas—Hearings—Notice—Meetings—
Chair—Studies—Proposals for system additions (as amended by 1999 c
249). (1) The ((department)) commission shall develop and adopt
management policies for publicly owned or leased land on the rivers
designated by the legislature as being a part of the state’s scenic river
system and within the associated river areas. The ((department)) commission may adopt ((regulations)) rules identifying river classifications which
reflect the characteristics common to various segments of scenic rivers and
may adopt management policies consistent with local government’s
shoreline management master plans appropriate for each such river
classification. All such policies shall be subject to review by the committee
of participating agencies. Once such a policy has been approved by a
majority vote of the committee members, it shall be adopted by the
((department)) commission in accordance with the provisions of chapter
34.05 RCW, as now or hereafter amended. Any variance with such a policy
by any public agency shall be authorized only by the approval of the
committee of participating agencies by majority vote, and shall be made
only to alleviate unusual hardships unique to a given segment of the system.
(2) Any policies developed pursuant to subsection (1) of this section
shall include management plans for protecting ecological, economic,
recreational, aesthetic, botanical, scenic, geological, hydrological, fish and
wildlife, historical, cultural, archaeological, and scientific features of the
rivers designated as being in the system. Such policies shall also include
management plans to encourage any nonprofit group, organization,
association, person, or corporation to develop and adopt programs for the
purpose of increasing fish propagation.
(3) The committee of participating agencies shall, by two-thirds
majority vote, identify on a river by river basis any publicly owned or
leased lands which could be included in a river area of the system but
which are developed in a manner unsuitable for land to be managed as part
of the system. The ((department)) commission shall exclude lands so
identified from the provisions of any management policies implementing the
provisions of this chapter.
(4) The committee of participating agencies, by majority vote, shall
determine the boundaries which shall define the river area associated with
any included river. With respect to the rivers named in RCW 79A.55.070,
the committee shall make such determination, and those determinations
authorized by subsection (3) of this section, within one year of September
21, 1977.
(5) Before making a decision regarding the river area to be included
in the system, a variance in policy, or the excluding of land from the
provisions of the management policies, the committee shall hold hearings
in accord with chapter 34.05 RCW, with at least one public hearing to be
held in the general locale of the river under consideration. The ((department)) commission shall cause to be published in a newspaper of general
circulation in the area which includes the river or rivers to be considered,
a description, including a map showing such river or rivers, of the material
to be considered at the public hearing. Such notice shall appear at least
twice in the time period between two and four weeks prior to the public
hearing.
(6) Meetings of the committee shall be called by the ((department))
commission or by written petition signed by five or more of the committee
members. The ((chairman)) chair of the ((parks and recreation)) commission or the ((chairman’s)) chair’s designee shall serve as the ((chairman))
[Title 79A RCW—page 48]
chair of any meetings of the committee held to implement the provisions of
this chapter.
The committee shall seek and receive comments from the public
regarding potential additions to the system, shall initiate studies, and may,
through the ((department)) commission, submit to any session of the
legislature proposals for additions to the state scenic river system. These
proposals shall be accompanied by a detailed report on the factors which,
in the committee’s judgment, make an area a worthy addition to the system.
[1999 c 249 § 802; 1977 ex.s. c 161 § 3. Formerly RCW 79.72.030.]
Reviser’s note: RCW 79A.55.020 was amended twice during the
1999 legislative session, each without reference to the other. For rule of
construction concerning sections amended more than once during the same
legislative session, see RCW 1.12.025.
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.55.030 Administration of management program—Powers, duties, and authority of commission. (1)
The management program for the system shall be administered by the commission. The commission shall have the
responsibility for coordinating the development of the program between affected state agencies and participating local
governments, and shall develop and adopt rules, in accord
with chapter 34.05 RCW, the Administrative Procedure Act,
for each portion of the system, which shall implement the
management policies. In developing rules for a specific
river in the system, the commission shall hold at least one
public hearing in the general locale of the river under
consideration. The hearing may constitute the hearing
required by chapter 34.05 RCW. The commission shall
cause a brief summary of the proposed rules to be published
twice in a newspaper of general circulation in the area that
includes the river to be considered in the period of time
between two and four weeks prior to the public hearing. In
addition to the foregoing required publication, the commission shall also provide notice of the hearings, rules, and
decisions of the commission to radio and television stations
and major local newspapers in the areas that include the
river to be considered.
(2) In addition to any other powers granted to carry out
the intent of this chapter, the commission is authorized to:
(a) Purchase, within the river area, real property in fee or
any lesser right or interest in real property including, but not
limited to scenic easements and future development rights,
visual corridors, wildlife habitats, unique ecological areas,
historical sites, camping and picnic areas, boat launching
sites, and/or easements abutting the river for the purpose of
preserving or enhancing the river or facilitating the use of
the river by the public for fishing, boating and other water
related activities; and (b) purchase, outside of a river area,
public access to the river area.
The right of eminent domain shall not be utilized in any
purchase made pursuant to this section.
(3) The commission is further authorized to: (a)
Acquire by gift, devise, grant, or dedication the fee, an
option to purchase, a right of first refusal or any other lesser
right or interest in real property and upon acquisition such
real property shall be held and managed within the scenic
river system; and (b) accept grants, contributions, or funds
from any agency, public or private, or individual for the
purposes of this chapter.
(4) The commission is hereby vested with the power to
obtain injunctions and other appropriate relief against
violations of any provisions of this chapter and any rules
adopted under this section or agreements made under the
(2002 Ed.)
Scenic River System
provisions of this chapter. [1999 c 249 § 803; 1999 c 151
§ 1703; 1989 c 175 § 169; 1977 ex.s. c 161 § 4. Formerly
RCW 79.72.040.]
Reviser’s note: This section was amended by 1999 c 151 § 1703 and
by 1999 c 249 § 803, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1999 c 249: See note following RCW 79A.05.010.
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
79A.55.040 State agencies and local governments to
pursue policies to conserve and enhance included river
areas—Shoreline management act—Private lands—Trust
lands. (1) All state government agencies and local governments are hereby directed to pursue policies with regard to
their respective activities, functions, powers, and duties
which are designed to conserve and enhance the conditions
of rivers which have been included in the system, in accordance with the management policies and the rules adopted
by the commission for such rivers. Local agencies are
directed to pursue such policies with respect to all lands in
the river area owned or leased by such local agencies.
Nothing in this chapter shall authorize the modification of a
shoreline management plan adopted by a local government
and approved by the state pursuant to chapter 90.58 RCW
without the approval of the department of ecology and local
government. The policies adopted pursuant to this chapter
shall be integrated, as fully as possible, with those of the
shoreline management act of 1971.
(2) Nothing in this chapter shall grant to the commission
the power to restrict the use of private land without either
the specific written consent of the owner thereof or the
acquisition of rights in real property authorized by RCW
79A.55.030.
(3) Nothing in this chapter shall prohibit the department
of natural resources from exercising its full responsibilities
and obligations for the management of state trust lands.
[1999 c 249 § 804; 1999 c 151 § 1704; 1977 ex.s. c 161 §
5. Formerly RCW 79.72.050.]
Reviser’s note: This section was amended by 1999 c 151 § 1704 and
by 1999 c 249 § 804, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1999 c 249: See note following RCW 79A.05.010.
Part headings not law—Effective date—1999 c 151: See notes
following RCW 18.28.010.
79A.55.050 Criteria for inclusion of rivers within
system. Rivers of a scenic nature are eligible for inclusion
in the system. Ideally, a scenic river:
(1) Is free-flowing without diversions that hinder
recreational use;
(2) Has a streamway that is relatively unmodified by
riprapping and other stream bank protection;
(3) Has water of sufficient quality and quantity to be
deemed worthy of protection;
(4) Has a relatively natural setting and adequate open
space;
(5) Requires some coordinated plan of management in
order to enhance and preserve the river area; and
(2002 Ed.)
79A.55.030
(6) Has some lands along its length already in public
ownership, or the possibility for purchase or dedication of
public access and/or scenic easements. [1977 ex.s. c 161 §
6. Formerly RCW 79.72.060.]
79A.55.060 Authority of department of fish and
wildlife unaffected. Nothing contained in this chapter shall
affect the authority of the department of fish and wildlife to
construct facilities or make improvements to facilitate the
passage or propagation of fish nor shall anything in this
chapter be construed to interfere with the powers, duties, and
authority of the department of fish and wildlife to regulate,
manage, conserve, and provide for the harvest of fish or
wildlife within any area designated as being in the state’s
scenic river system. No hunting shall be permitted in any
state park. [1999 c 249 § 805; 1988 c 36 § 58; 1977 ex.s.
c 161 § 7. Formerly RCW 79.72.070.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.55.070 Rivers designated as part of system.
The following rivers of the state of Washington are hereby
designated as being in the scenic river system of the state of
Washington:
(1) The Skykomish river from the junction of the north
and south forks of the Skykomish river:
(a) Downstream approximately fourteen miles to its
junction with the Sultan river;
(b) Upstream approximately twenty miles on the south
fork to the junction of the Tye and Foss rivers;
(c) Upstream approximately eleven miles on the north
fork to its junction with Bear creek;
(2) The Beckler river from its junction with the south
fork of the Skykomish river upstream approximately eight
miles to its junction with Rapid river;
(3) The Tye river from its junction with the south fork
of the Skykomish river upstream approximately fourteen
miles to Tye Lake; and
(4) The Little Spokane river from the upstream boundary of the state park boat put-in site near Rutter parkway and
downstream to its confluence with the Spokane river. [1991
c 206 § 1; 1977 ex.s. c 161 § 8. Formerly RCW 79.72.080.]
Green River Gorge conservation area: RCW 79A.05.700 through
79A.05.715.
Washington state Yakima river conservation area: RCW 79A.05.750
through 79A.05.795.
79A.55.080 Inclusion of state’s scenic rivers in
national wild and scenic river system not precluded.
Nothing in this chapter shall preclude a section or segment
of the state’s scenic rivers included in the system from
becoming a part of the national wild and scenic river system.
[1977 ex.s. c 161 § 9. Formerly RCW 79.72.090.]
79A.55.090 Wildlife fund moneys not to be used.
No funds shall be expended from the wildlife fund to carry
out the provisions of this chapter. [1988 c 36 § 59; 1977
ex.s. c 161 § 10. Formerly RCW 79.72.100.]
79A.55.900 Severability—1977 ex.s. c 161. If any
provision of this act, or its application to any person of legal
entity or circumstances, is held invalid, the remainder of the
[Title 79A RCW—page 49]
79A.55.900
Title 79A RCW: Public Recreational Lands
act, or the application of the provision to other persons or
legal entities or circumstances, shall not be affected. [1977
ex.s. c 161 § 12. Formerly RCW 79.72.900.]
79A.60.480
79A.60.485
Chapter 79A.60
REGULATION OF RECREATIONAL VESSELS
Sections
79A.60.010
79A.60.020
79A.60.030
79A.60.040
79A.60.050
79A.60.060
79A.60.070
79A.60.080
79A.60.090
79A.60.100
79A.60.110
79A.60.120
79A.60.130
79A.60.140
79A.60.150
79A.60.160
79A.60.170
79A.60.180
79A.60.190
79A.60.200
79A.60.210
79A.60.220
79A.60.230
79A.60.240
79A.60.250
79A.60.260
79A.60.270
79A.60.280
79A.60.290
79A.60.300
79A.60.400
79A.60.410
79A.60.420
79A.60.430
79A.60.440
79A.60.450
79A.60.460
79A.60.470
79A.60.490
79A.60.495
Definitions.
Violations of chapter punishable as misdemeanor—
Circumstances—Violations designated as civil
infractions.
Operation of vessel in a negligent manner—Penalty.
Operation of vessel in a reckless manner—Operation
of a vessel under the influence of intoxicating
liquor—Penalty.
Homicide by watercraft—Penalty.
Assault by watercraft—Penalty.
Conviction under RCW 79A.60.050 or 79A.60.060—
Community supervision or community placement—Conditions.
Failure to stop for law enforcement officer.
Eluding a law enforcement vessel.
Enforcement—Chapter to supplement federal law.
Equipment standards—Rules—Penalty.
Tampering with vessel lights or signals—Exhibiting
false lights or signals—Penalty.
Muffler or underwater exhaust system required—
Exemptions—Enforcement—Penalty.
Personal flotation devices—Inspection and approval—
Rules.
Failure of vessel to contain required equipment—
Liability of operator or owner—Penalty.
Personal flotation devices required—Penalty.
Water skiing safety—Requirements.
Loading or powering vessel beyond safe operating
ability—Penalties.
Operation of personal watercraft—Prohibited activities—Penalties.
Duty of operator involved in collision, accident, or
other casualty—Immunity from liability of persons
rendering assistance—Penalties.
Casualty and accident reports—Confidentiality—Use
as evidence.
Boating accident reports by local government agencies—Investigation—Report of coroner.
Vessels adrift—Owner to be notified.
Notice—Contents—Service.
Posting of notice.
Compensation—Liability on failure to give notice.
Disputed claims—Trial—Bond.
Liability for excessive or negligent use.
Unclaimed vessel—Procedure.
Vessels secured pursuant to chapter 79A.65 RCW.
Vessels carrying passengers for hire on whitewater
rivers—Purpose.
Vessels carrying passengers for hire on whitewater
rivers—Whitewater river outfitter’s license required.
Vessels carrying passengers for hire on whitewater
rivers—Conduct constituting misdemeanor.
Vessels carrying passengers for hire on whitewater
rivers—Safety requirements.
Vessels carrying passengers for hire on whitewater
rivers—Operation of vessel—Exemptions.
Vessels carrying passengers for hire on whitewater
rivers—Use of alcohol prohibited—Vessel to be
accompanied by vessel with licensed outfitter.
Vessels carrying passengers for hire on whitewater
rivers—Rights of way.
Vessels carrying passengers for hire on whitewater
rivers—Designation of whitewater river sections.
[Title 79A RCW—page 50]
79A.60.498
79A.60.500
79A.60.510
79A.60.520
79A.60.530
79A.60.540
79A.60.550
79A.60.560
79A.60.570
79A.60.580
79A.60.590
79A.60.595
79A.60.600
79A.60.610
79A.60.620
Vessels carrying passengers for hire on whitewater
rivers—Whitewater river outfitter’s license—
Application—Fees—Insurance—Penalties—State
immune from civil actions arising from licensure.
Vessels carrying passengers for hire on whitewater
rivers—Rules to implement RCW 79A.60.480—
Fees.
Vessels carrying passengers for hire on whitewater
rivers—License suspension for certain convictions.
Designation as whitewater river—Rules—Schedule of
fines.
Uniform regulation of business and professions act.
Uniform waterway marking system.
Findings—Sewage disposal initiative established—
Boater environmental education—Waterway access
facilities.
Identification and designation of polluted and environmentally sensitive areas.
Designation of marinas, boat launches, or boater destinations for installation of sewage pumpout or
dump units.
Contracts for financial assistance—Ownership of sewage pumpout or dump unit—Ongoing costs.
Development by department of ecology of design,
installation, and operation of sewage pumpout and
dump units—Rules.
Boater environmental education program.
Grants for environmental education or boat waste
management planning.
Review of programs by commission.
Allocation of funds.
Commission to adopt rules.
Liquid petroleum gas leak warning devices—Findings.
Recreational boating fire prevention education program.
Small spill prevention education program.
79A.60.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Boat wastes" includes, but is not limited to, sewage,
garbage, marine debris, plastics, contaminated bilge water,
cleaning solvents, paint scrapings, or discarded petroleum
products associated with the use of vessels.
(2) "Boater" means any person on a vessel on waters of
the state of Washington.
(3) "Carrying passengers for hire" means carrying
passengers in a vessel on waters of the state for valuable
consideration, whether given directly or indirectly or received by the owner, agent, operator, or other person having
an interest in the vessel. This shall not include trips where
expenses for food, transportation, or incidentals are shared
by participants on an even basis. Anyone receiving compensation for skills or money for amortization of equipment and
carrying passengers shall be considered to be carrying
passengers for hire on waters of the state.
(4) "Commission" means the state parks and recreation
commission.
(5) "Darkness" means that period between sunset and
sunrise.
(6) "Environmentally sensitive area" means a restricted
body of water where discharge of untreated sewage from
boats is especially detrimental because of limited flushing,
shallow water, commercial or recreational shellfish, swimming areas, diversity of species, the absence of other
pollution sources, or other characteristics.
(7) "Guide" means any individual, including but not
limited to subcontractors and independent contractors,
(2002 Ed.)
Regulation of Recreational Vessels
engaged for compensation or other consideration by a
whitewater river outfitter for the purpose of operating
vessels. A person licensed under *RCW 77.32.211 or
75.28.780 and acting as a fishing guide is not considered a
guide for the purposes of this chapter.
(8) "Marina" means a facility providing boat moorage
space, fuel, or commercial services. Commercial services
include but are not limited to overnight or live-aboard
boating accommodations.
(9) "Motor driven boats and vessels" means all boats
and vessels which are self propelled.
(10) "Muffler" or "muffler system" means a sound
suppression device or system, including an underwater
exhaust system, designed and installed to abate the sound of
exhaust gases emitted from an internal combustion engine
and that prevents excessive or unusual noise.
(11) "Operate" means to steer, direct, or otherwise have
physical control of a vessel that is underway.
(12) "Operator" means an individual who steers, directs,
or otherwise has physical control of a vessel that is underway or exercises actual authority to control the person at the
helm.
(13) "Observer" means the individual riding in a vessel
who is responsible for observing a water skier at all times.
(14) "Owner" means a person who has a lawful right to
possession of a vessel by purchase, exchange, gift, lease,
inheritance, or legal action whether or not the vessel is
subject to a security interest.
(15) "Person" means any individual, sole proprietorship,
partnership, corporation, nonprofit corporation or organization, limited liability company, firm, association, or other
legal entity located within or outside this state.
(16) "Personal flotation device" means a buoyancy
device, life preserver, buoyant vest, ring buoy, or buoy
cushion that is designed to float a person in the water and
that is approved by the commission.
(17) "Personal watercraft" means a vessel of less than
sixteen feet that uses a motor powering a water jet pump, as
its primary source of motive power and that is designed to
be operated by a person sitting, standing, or kneeling on, or
being towed behind the vessel, rather than in the conventional manner of sitting or standing inside the vessel.
(18) "Polluted area" means a body of water used by
boaters that is contaminated by boat wastes at unacceptable
levels, based on applicable water quality and shellfish
standards.
(19) "Public entities" means all elected or appointed
bodies, including tribal governments, responsible for collecting and spending public funds.
(20) "Reckless" or "recklessly" means acting carelessly
and heedlessly in a willful and wanton disregard of the
rights, safety, or property of another.
(21) "Sewage pumpout or dump unit" means:
(a) A receiving chamber or tank designed to receive
vessel sewage from a "porta-potty" or a portable container;
and
(b) A stationary or portable mechanical device on land,
a dock, pier, float, barge, vessel, or other location convenient
to boaters, designed to remove sewage waste from holding
tanks on vessels.
(22) "Underway" means that a vessel is not at anchor,
or made fast to the shore, or aground.
(2002 Ed.)
79A.60.010
(23) "Vessel" includes every description of watercraft on
the water, other than a seaplane, used or capable of being
used as a means of transportation on the water. However, it
does not include inner tubes, air mattresses, sailboards, and
small rafts or flotation devices or toys customarily used by
swimmers.
(24) "Water skiing" means the physical act of being
towed behind a vessel on, but not limited to, any skis,
aquaplane, kneeboard, tube, or any other similar device.
(25) "Waters of the state" means any waters within the
territorial limits of Washington state.
(26) "Whitewater river outfitter" means any person who
is advertising to carry or carries passengers for hire on any
whitewater river of the state, but does not include any person
whose only service on a given trip is providing instruction
in canoeing or kayaking skills.
(27) "Whitewater rivers of the state" means those rivers
and streams, or parts thereof, within the boundaries of the
state as listed in RCW 79A.60.470 or as designated by the
commission under RCW 79A.60.495. [2000 c 11 § 92; 1998
c 219 § 5; 1997 c 391 § 1; 1993 c 244 § 5; 1933 c 72 § 1;
RRS § 9851-1. Formerly RCW 88.12.010.]
*Reviser’s note: RCW 77.32.211 and 75.28.780 were recodified as
RCW 77.65.480 and 77.65.440, respectively, pursuant to 2000 c 107 § 31.
Intent—1993 c 244: "It is the intent of the legislature that the
boating safety laws administered by the state parks and recreation commission provide Washington’s citizens with clear and reasonable boating safety
regulations and penalties. Therefore, the legislature intends to recodify,
clarify, and partially decriminalize the statewide boating safety laws in order
to help the boating community understand and comply with these laws.
It is also the intent of the legislature to increase boat registration fees
in order to provide additional funds to local governments for boating safety
enforcement and education programs. The funds are to be used for
enforcement, education, training, and equipment, including vessel noise
measurement equipment. The legislature encourages programs that provide
boating safety education in the primary and secondary school system for
boat users and potential future boat users. The legislature also encourages
boating safety programs that use volunteer and private sector efforts to
enhance boating safety and education." [1993 c 244 § 1.]
79A.60.020 Violations of chapter punishable as
misdemeanor—Circumstances—Violations designated as
civil infractions. (1) A violation of this chapter designated
as an infraction is a misdemeanor, punishable under RCW
9.92.030, if the current violation is the person’s third
violation of the same provision of this chapter during the
past three hundred sixty-five days.
(2) A violation designated in this chapter as a civil
infraction shall constitute a civil infraction pursuant to
chapter 7.84 RCW. [1999 c 249 § 1501; 1993 c 244 § 6.
Formerly RCW 88.12.015.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.030 Operation of vessel in a negligent
manner—Penalty. A person shall not operate a vessel in a
negligent manner. For the purposes of this section, to
"operate in a negligent manner" means operating a vessel in
disregard of careful and prudent operation, or in disregard of
careful and prudent rates of speed that are no greater than is
reasonable and proper under the conditions existing at the
point of operation, taking into account the amount and
character of traffic, size of the lake or body of water,
freedom from obstruction to view ahead, effects of vessel
[Title 79A RCW—page 51]
79A.60.030
Title 79A RCW: Public Recreational Lands
wake, and so as not to unduly or unreasonably endanger life,
limb, property or other rights of any person entitled to the
use of such waters. Except as provided in RCW
79A.60.020, a violation of this section is an infraction under
chapter 7.84 RCW. [2000 c 11 § 93; 1993 c 244 § 7; 1933
c 72 § 2; RRS § 9851-2. Formerly RCW 88.12.020.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.040 Operation of vessel in a reckless
manner—Operation of a vessel under the influence of
intoxicating liquor—Penalty. (1) It shall be unlawful for
any person to operate a vessel in a reckless manner.
(2) It shall be a violation for a person to operate a
vessel while under the influence of intoxicating liquor or any
drug. A person is considered to be under the influence of
intoxicating liquor or any drug if:
(a) The person has 0.08 grams or more of alcohol per
two hundred ten liters of breath, as shown by analysis of the
person’s breath made under RCW 46.61.506; or
(b) The person has 0.08 percent or more by weight of
alcohol in the person’s blood, as shown by analysis of the
person’s blood made under RCW 46.61.506; or
(c) The person is under the influence of or affected by
intoxicating liquor or any drug; or
(d) The person is under the combined influence of or
affected by intoxicating liquor and any drug.
The fact that any person charged with a violation of this
section is or has been entitled to use such drug under the
laws of this state shall not constitute a defense against any
charge of violating this section. A person cited under this
subsection may upon request be given a breath test for
breath alcohol or may request to have a blood sample taken
for blood alcohol analysis. An arresting officer shall
administer field sobriety tests when circumstances permit.
(3) A violation of this section is a misdemeanor,
punishable as provided under RCW 9.92.030. In addition,
the court may order the defendant to pay restitution for any
damages or injuries resulting from the offense. [1998 c 213
§ 7; 1993 c 244 § 8. Prior: 1990 c 231 § 3; 1990 c 31 § 1;
1987 c 373 § 6; 1986 c 153 § 6; 1985 c 267 § 2. Formerly
RCW 88.12.025, 88.12.100, and 88.02.095.]
Effective date—1998 c 213: See note following RCW 46.20.308.
Intent—1993 c 244: See note following RCW 79A.60.010.
Effective date—Severability—1990 c 231: See notes following
RCW 79A.60.170.
Legislative finding, purpose—Severability—1987 c 373: See notes
following RCW 46.61.502.
79A.60.050 Homicide by watercraft—Penalty. (1)
When the death of any person ensues within three years as
a proximate result of injury proximately caused by the
operating of any vessel by any person, the operator is guilty
of homicide by watercraft if he or she was operating the
vessel:
(a) While under the influence of intoxicating liquor or
any drug, as defined by RCW 79A.60.040;
(b) In a reckless manner; or
(c) With disregard for the safety of others.
(2) When the death is caused by a skier towed by a
vessel, the operator of the vessel is not guilty of homicide by
watercraft.
[Title 79A RCW—page 52]
(3) A violation of this section is punishable as a class A
felony according to chapter 9A.20 RCW. [2000 c 11 § 94;
1998 c 219 § 1. Formerly RCW 88.12.029.]
79A.60.060 Assault by watercraft—Penalty. (1)
"Serious bodily injury" means bodily injury which involves
a substantial risk of death, serious permanent disfigurement,
or protracted loss or impairment of the function of any part
or organ of the body.
(2) A person is guilty of assault by watercraft if he or
she operates any vessel:
(a) In a reckless manner, and this conduct is the
proximate cause of serious bodily injury to another; or
(b) While under the influence of intoxicating liquor or
any drug, as defined by RCW 79A.60.040, and this conduct
is the proximate cause of serious bodily injury to another.
(3) When the injury is caused by a skier towed by a
vessel, the operator of the vessel is not guilty of assault by
watercraft.
(4) A violation of this section is punishable as a class B
felony according to chapter 9A.20 RCW. [2000 c 11 § 95;
1998 c 219 § 2. Formerly RCW 88.12.032.]
79A.60.070 Conviction under RCW 79A.60.050 or
79A.60.060—Community supervision or community
placement—Conditions. A person convicted under RCW
79A.60.050 or 79A.60.060 shall, as a condition of community custody imposed under *RCW 9.94A.545 or community
placement imposed under *RCW 9.94A.700, complete a
diagnostic evaluation by an alcohol or drug dependency
agency approved by the department of social and health
services or a qualified probation department, defined under
RCW 46.61.516, that has been approved by the department
of social and health services. If the person is found to have
an alcohol or drug problem that requires treatment, the
person shall complete treatment in a program approved by
the department of social and health services under chapter
70.96A RCW. If the person is found not to have an alcohol
or drug problem that requires treatment, he or she shall
complete a course in an information school approved by the
department of social and health services under chapter
70.96A RCW. The convicted person shall pay all costs for
any evaluation, education, or treatment required by this
section, unless the person is eligible for an existing program
offered or approved by the department of social and health
services. Nothing in chapter 219, Laws of 1998 requires the
addition of new treatment or assessment facilities nor affects
the department of social and health services use of existing
programs and facilities authorized by law. [2000 c 11 § 96;
1998 c 219 § 3. Formerly RCW 88.12.033.]
*Reviser’s note: These RCW references have been corrected to
reflect the reorganization of chapter 9.94A RCW by 2001 c 10 § 6.
79A.60.080 Failure to stop for law enforcement
officer. Any operator of a vessel who willfully fails to stop
when requested or signaled to do so by a person reasonably
identifiable as a law enforcement officer is guilty of a gross
misdemeanor. [1990 c 235 § 1. Formerly RCW 88.12.035,
88.12.110, and 88.08.070.]
(2002 Ed.)
Regulation of Recreational Vessels
79A.60.090 Eluding a law enforcement vessel. Any
operator of a vessel who willfully fails or refuses to immediately bring the vessel to a stop and who operates the vessel
in a manner indicating a wanton or willful disregard for the
lives or property of others while attempting to elude a pursuing law enforcement vessel, after being given a visual or
audible signal to bring the vessel to a stop, shall be guilty of
a class C felony punishable under chapter 9A.20 RCW. The
signal given by the law enforcement officer may be by hand,
voice, emergency light, or siren. The officer giving such a
signal shall be in uniform and his or her vessel shall be
appropriately marked showing it to be an official law
enforcement vessel. [1990 c 235 § 2. Formerly RCW
88.12.045, 88.12.120, and 88.08.080.]
79A.60.100 Enforcement—Chapter to supplement
federal law. (1) Every law enforcement officer of this state
and its political subdivisions has the authority to enforce this
chapter. Law enforcement officers may enforce recreational
boating rules adopted by the commission. Such law enforcement officers include, but are not limited to, county sheriffs,
officers of other local law enforcement entities, fish and
wildlife officers, through the director, the state patrol, and
state park rangers. In the exercise of this responsibility, all
such officers may stop and board any vessel and direct it to
a suitable pier or anchorage to enforce this chapter.
(2) This chapter shall be construed to supplement
federal laws and regulations. To the extent this chapter is
inconsistent with federal laws and regulations, the federal
laws and regulations shall control. [2001 c 253 § 60; 1994
c 264 § 80; 1993 c 244 § 9; 1988 c 36 § 73; 1986 c 217 §
10. Formerly RCW 88.12.055, 88.12.330, and 91.14.100.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.110 Equipment standards—Rules—Penalty.
In addition to the equipment standards prescribed under this
chapter, the commission shall adopt rules specifying equipment standards for vessels. Except where the violation is
classified as a misdemeanor under this chapter, violation of
any equipment standard adopted by the commission is an
infraction under chapter 7.84 RCW. [1993 c 244 § 10.
Formerly RCW 88.12.065.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.120 Tampering with vessel lights or signals—Exhibiting false lights or signals—Penalty. An
operator or owner who endangers a vessel, or the persons on
board the vessel, by showing, masking, extinguishing,
altering, or removing any light or signal or by exhibiting any
false light or signal, is guilty of a misdemeanor, punishable
as provided in RCW 9.92.030. [1993 c 244 § 11. Formerly
RCW 88.12.075.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.130 Muffler or underwater exhaust system
required—Exemptions—Enforcement—Penalty. (1) All
motor-propelled vessels shall be equipped and maintained
with an effective muffler that is in good working order and
in constant use. For the purpose of this section, an effective
muffler or underwater exhaust system does not produce
sound levels in excess of ninety decibels when subjected to
(2002 Ed.)
79A.60.090
a stationary sound level test that shall be prescribed by rules
adopted by the commission, as of July 25, 1993, and for
engines manufactured on or after January 1, 1994, a noise
level of eighty-eight decibels when subjected to a stationary
sound level test that shall be prescribed by rules adopted by
the commission.
(2) A vessel that does not meet the requirements of
subsection (1) of this section shall not be operated on the
waters of this state.
(3) No person may operate a vessel on waters of the
state in such a manner as to exceed a noise level of seventyfive decibels measured from any point on the shoreline of
the body of water on which the vessel is being operated that
shall be specified by rules adopted by the commission, as of
July 25, 1993. Such measurement shall not preclude a
stationary sound level test that shall be prescribed by rules
adopted by the commission.
(4) This section does not apply to: (a) A vessel tuning
up, testing for, or participating in official trials for speed
records or a sanctioned race conducted pursuant to a permit
issued by an appropriate governmental agency; or (b) a
vessel being operated by a vessel or marine engine manufacturer for the purpose of testing or development. Nothing in
this subsection prevents local governments from adopting
ordinances to control the frequency, duration, and location of
vessel testing, tune-up, and racing.
(5) Any officer authorized to enforce this section who
has reason to believe that a vessel is not in compliance with
the noise levels established in this section may direct the
operator of the vessel to submit the vessel to an on-site test
to measure noise level, with the officer on board if the
officer chooses, and the operator shall comply with such
request. If the vessel exceeds the decibel levels established
in this section, the officer may direct the operator to take
immediate and reasonable measures to correct the violation.
(6) Any officer who conducts vessel sound level tests as
provided in this section shall be qualified in vessel noise
testing. Qualifications shall include but may not be limited
to the ability to select the appropriate measurement site and
the calibration and use of noise testing equipment.
(7) A person shall not remove, alter, or otherwise
modify in any way a muffler or muffler system in a manner
that will prevent it from being operated in accordance with
this chapter.
(8) A person shall not manufacture, sell, or offer for
sale any vessel that is not equipped with a muffler or muffler
system that does not comply with this chapter. This subsection shall not apply to power vessels designed, manufactured,
and sold for the sole purpose of competing in racing events
and for no other purpose. Any such exemption or exception
shall be documented in any and every sale agreement and
shall be formally acknowledged by signature on the part of
both the buyer and the seller. Copies of the agreement shall
be maintained by both parties. A copy shall be kept on
board whenever the vessel is operated.
(9) Except as provided in RCW 79A.60.020, a violation
of this section is an infraction under chapter 7.84 RCW.
(10) Vessels that are equipped with an engine modified
to increase performance beyond the engine manufacturer’s
stock configuration shall have an exhaust system that
complies with the standards in this section after January 1,
1994. Until that date, operators or owners, or both, of such
[Title 79A RCW—page 53]
79A.60.130
Title 79A RCW: Public Recreational Lands
vessels with engines that are out of compliance shall be
issued a warning and be given educational materials about
types of muffling systems available to muffle noise from
such high performance engines.
(11) Nothing in this section preempts a local government from exercising any power that it possesses under the
laws or Constitution of the state of Washington to adopt
more stringent regulations. [2000 c 11 § 97; 1993 c 244 §
39. Formerly RCW 88.12.085.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.140 Personal flotation devices—Inspection
and approval—Rules. (1) The commission shall adopt
rules providing for its inspection and approval of the personal flotation devices that may be used to satisfy the
requirements of this chapter and governing the manner in
which such devices shall be used. The commission shall
prescribe the different types of devices that are appropriate
for the different uses, such as water skiing or operation of a
personal watercraft. In adopting its rules the commission
shall consider the United States coast guard rules or regulations. The commission may approve devices inspected and
approved by the coast guard without conducting any inspection of the devices itself.
(2) In situations where personal flotation devices are required under provisions of this chapter, the devices shall be
in good and serviceable condition and of appropriate size.
If they are not, then they shall not be considered as personal
flotation devices under such provisions. [1993 c 244 § 12.
Formerly RCW 88.12.095.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.150 Failure of vessel to contain required
equipment—Liability of operator or owner—Penalty. If
an infraction is issued under this chapter because a vessel
does not contain the required equipment and if the operator
is not the owner of the vessel, but is operating the vessel
with the express or implied permission of the owner, then
either or both operator or owner may be cited for the
infraction. [1993 c 244 § 13. Formerly RCW 88.12.105.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.160 Personal flotation devices required—
Penalty. (1) No person may operate or permit the operation
of a vessel on the waters of the state without a personal
flotation device on board for each person on the vessel.
Each personal flotation device shall be in serviceable
condition, of an appropriate size, and readily accessible.
(2) Except as provided in RCW 79A.60.020, a violation
of subsection (1) of this section is an infraction under
chapter 7.84 RCW if the vessel is not carrying passengers
for hire.
(3) A violation of subsection (1) of this section is a
misdemeanor punishable under RCW 9.92.030, if the vessel
is carrying passengers for hire.
(4) No person shall operate a vessel under nineteen feet
in length on the waters of this state with a child twelve years
old and under, unless the child is wearing a personal
flotation device that meets or exceeds the United States coast
guard approval standards of the appropriate size, while the
vessel is underway. For the purposes of this section, a
[Title 79A RCW—page 54]
personal flotation device is not considered readily accessible
for children twelve years old and under unless the device is
worn by the child while the vessel is underway. The
personal flotation device must be worn at all times by a
child twelve years old and under whenever the vessel is
underway and the child is on an open deck or open cockpit
of the vessel. The following circumstances are excepted:
(a) While a child is below deck or in the cabin of a boat
with an enclosed cabin;
(b) While a child is on a United States coast guard
inspected passenger-carrying vessel operating on the navigable waters of the United States; or
(c) While on board a vessel at a time and place where
no person would reasonably expect a danger of drowning to
occur.
(5) Except as provided in RCW 79A.60.020, a violation
of subsection (4) of this section is an infraction under
chapter 7.84 RCW. Enforcement of subsection (4) of this
section by law enforcement officers may be accomplished as
a primary action, and need not be accompanied by the
suspected violation of some other offense. [2000 c 11 § 98;
1999 c 310 § 1; 1993 c 244 § 14; 1933 c 72 § 5; RRS §
9851-5. Formerly RCW 88.12.115 and 88.12.050.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.170 Water skiing safety—Requirements. (1)
The purpose of this section is to promote safety in water
skiing on the waters of Washington state, provide a means
of ensuring safe water skiing and promote the enjoyment of
water skiing.
(2) No vessel operator may tow or attempt to tow a
water skier on any waters of Washington state unless such
craft shall be occupied by at least an operator and an
observer. The observer shall continuously observe the
person or persons being towed and shall display a flag
immediately after the towed person or persons fall into the
water, and during the time preparatory to skiing while the
person or persons are still in the water. Such flag shall be
a bright red or brilliant orange color, measuring at least
twelve inches square, mounted on a pole not less than
twenty-four inches long and displayed as to be visible from
every direction. This subsection does not apply to a personal
watercraft, the design of which makes no provision for
carrying an operator or any other person on board, and that
is actually operated by the person or persons being towed.
Every remote-operated personal watercraft shall have a flag
attached which meets the requirements of this subsection.
Except as provided under RCW 79A.60.020, a violation of
this subsection is an infraction under chapter 7.84 RCW.
(3) The observer and the operator shall not be the same
person. The observer shall be an individual who meets the
minimum qualifications for an observer established by rules
of the commission. Except as provided under RCW
79A.60.020, a violation of this subsection is an infraction
under chapter 7.84 RCW.
(4) No person shall engage or attempt to engage in
water skiing without wearing a personal flotation device.
Except as provided under RCW 79A.60.020, a violation of
this subsection is an infraction under chapter 7.84 RCW.
(5) No person shall engage or attempt to engage in
water skiing, or operate any vessel to tow a water skier, on
(2002 Ed.)
Regulation of Recreational Vessels
the waters of Washington state during the period from one
hour after sunset until one hour prior to sunrise. A violation
of this subsection is a misdemeanor, punishable as provided
under RCW 9.92.030.
(6) No person engaged in water skiing either as operator, observer, or skier, shall conduct himself or herself in a
reckless manner that willfully or wantonly endangers, or is
likely to endanger, any person or property. A violation of
this subsection is a misdemeanor as provided under RCW
9.92.030.
(7) The requirements of subsections (2), (3), (4), and (5)
of this section shall not apply to persons engaged in tournaments, competitions, or exhibitions that have been authorized
or otherwise permitted by the appropriate agency having
jurisdiction and authority to authorize such events. [2000 c
11 § 99; 1993 c 244 § 15; 1990 c 231 § 1; 1989 c 241 § 1.
Formerly RCW 88.12.125, 88.12.080, and 88.12.070.]
Intent—1993 c 244: See note following RCW 79A.60.010.
Effective date—1990 c 231: "This act shall take effect July 1, 1990."
[1990 c 231 § 4.]
Severability—1990 c 231: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 231 § 5.]
79A.60.180 Loading or powering vessel beyond safe
operating ability—Penalties. (1) A person shall not load
or permit to be loaded a vessel with passengers or cargo
beyond its safe carrying ability or carry passengers or cargo
in an unsafe manner taking into consideration weather and
other existing operating conditions.
(2) A person shall not operate or permit to be operated
a vessel equipped with a motor or other propulsion machinery of a power beyond the vessel’s ability to operate safely,
taking into consideration the vessel’s type, use, and construction, the weather conditions, and other existing operating
conditions.
(3) A violation of subsection (1) or (2) of this section is
an infraction punishable as provided under chapter 7.84
RCW except as provided under RCW 79A.60.020 or where
the overloading or overpowering is reasonably advisable to
effect a rescue or for some similar emergency purpose.
(4) If it appears reasonably certain to any law enforcement officer that a person is operating a vessel clearly
loaded or powered beyond its safe operating ability and in
the judgment of that officer the operation creates an especially hazardous condition, the officer may direct the operator to
take immediate and reasonable steps necessary for the safety
of the individuals on board the vessel, including directing the
operator to return to shore or a mooring and to remain there
until the situation creating the hazard is corrected or ended.
Failure to follow the direction of an officer under this
subsection is a misdemeanor punishable as provided under
RCW 9.92.030. [2000 c 11 § 100; 1993 c 244 § 16.
Formerly RCW 88.12.135.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.190 Operation of personal watercraft—
Prohibited activities—Penalties. (1) A person shall not
operate a personal watercraft unless each person aboard the
personal watercraft is wearing a personal flotation device
approved by the commission. Except as provided for in
(2002 Ed.)
79A.60.170
RCW 79A.60.020, a violation of this subsection is a civil
infraction punishable under RCW 7.84.100.
(2) A person operating a personal watercraft equipped
by the manufacturer with a lanyard-type engine cutoff switch
shall attach the lanyard to his or her person, clothing, or
personal flotation device as appropriate for the specific
vessel. It is unlawful for any person to remove or disable a
cutoff switch that was installed by the manufacturer.
(3) A person shall not operate a personal watercraft
during darkness.
(4) A person under the age of fourteen shall not operate
a personal watercraft on the waters of this state.
(5) A person shall not operate a personal watercraft in
a reckless manner, including recklessly weaving through
congested vessel traffic, recklessly jumping the wake of
another vessel unreasonably or unnecessarily close to the
vessel or when visibility around the vessel is obstructed, or
recklessly swerving at the last possible moment to avoid
collision.
(6) A person shall not lease, hire, or rent a personal
watercraft to a person under the age of sixteen.
(7) Subsections (1) through (6) of this section shall not
apply to a performer engaged in a professional exhibition or
a person participating in a regatta, race, marine parade,
tournament, or exhibition authorized or otherwise permitted
by the appropriate agency having jurisdiction and authority
to authorize such events.
(8) Violations of subsections (2) through (6) of this
section constitute a misdemeanor under RCW 9.92.030.
[2000 c 11 § 101; 1993 c 244 § 17. Formerly RCW
88.12.145.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.200 Duty of operator involved in collision,
accident, or other casualty—Immunity from liability of
persons rendering assistance—Penalties. (1) The operator
of a vessel involved in a collision, accident, or other casualty, to the extent the operator can do so without serious
danger to the operator’s own vessel or persons aboard, shall
render all practical and necessary assistance to persons
affected by the collision, accident, or casualty to save them
from danger caused by the incident. Under no circumstances
may the rendering of assistance or other compliance with
this section be evidence of the liability of such operator for
the collision, accident, or casualty. The operator shall also
give all pertinent accident information, as specified by rule
by the commission, to the law enforcement agency having
jurisdiction: PROVIDED, That this requirement shall not
apply to operators of vessels when they are participating in
an organized competitive event authorized or otherwise permitted by the appropriate agency having jurisdiction and
authority to authorize such events. These duties are in
addition to any duties otherwise imposed by law. Except as
provided for in RCW 79A.60.020 and subsection (3) of this
section, a violation of this subsection is a civil infraction
punishable under RCW 7.84.100.
(2) Any person who complies with subsection (1) of this
section or who gratuitously and in good faith renders
assistance at the scene of a vessel collision, accident, or
other casualty, without objection of the person assisted, shall
not be held liable for any civil damages as a result of the
[Title 79A RCW—page 55]
79A.60.200
Title 79A RCW: Public Recreational Lands
rendering of assistance or for any act or omission in providing or arranging salvage, towage, medical treatment, or other
assistance, where the assisting person acts as any reasonably
prudent person would have acted under the same or similar
circumstances.
(3) An operator of a vessel is guilty of a class C felony
and is punishable pursuant to RCW 9A.20.021 if the
operator: (a) Is involved in a collision that results in injury
to a person; (b) knew or reasonably should have known that
a person was injured in the collision; and (c) leaves the
scene of the collision without rendering all practical and
necessary assistance to the injured person as required
pursuant to subsection (1) of this section, under circumstances in which the operator could have rendered assistance
without serious danger to the operator’s own vessel or
persons aboard. This subsection (3) does not apply to
vessels involved in commerce, including but not limited to
tugs, barges, cargo vessels, commercial passenger vessels,
fishing vessels, and processing vessels. [2000 c 11 § 102;
1996 c 36 § 1; 1993 c 244 § 18; 1984 c 183 § 1; 1983 2nd
ex.s. c 3 § 48. Formerly RCW 88.12.155, 88.12.130, and
88.02.080.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.210 Casualty and accident reports—
Confidentiality—Use as evidence. (1) All reports made to
the commission pursuant to RCW 79A.60.200 and
79A.05.310 shall be without prejudice to the person who
makes the report and shall be for the confidential usage of
governmental agencies, except as follows:
(a) Statistical information which shall be made public;
(b) The names and addresses of the operator and owner
and the registration number or name of the vessel as documented which was involved in an accident or casualty and
the names and addresses of any witnesses which, if reported,
shall be disclosed upon written request to any person
involved in a reportable accident, or, for a reportable
casualty, to any member of a decedent’s family or the
personal representatives of the family.
(2) A report made to the commission pursuant to RCW
79A.60.200 and 79A.05.310 or copy thereof shall not be
used in any trial, civil or criminal, arising out of an accident
or casualty, except that solely to prove a compliance or
failure to comply with the report requirements of RCW
79A.60.200 and 79A.05.310, a certified statement which
indicates that a report has or has not been made to the
commission shall be provided upon demand to any court or
upon written request to any person who has or claims to
have made a report. [1999 c 249 § 1502; 1984 c 183 § 3.
Formerly RCW 88.12.165, 88.12.140, and 43.51.402.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.60.220 Boating accident reports by local
government agencies—Investigation—Report of coroner.
Law enforcement authorities, fire departments, or search and
rescue units of any city or county government shall provide
to the commission a report, prepared by the local government agency regarding any boating accident occurring within
their jurisdiction resulting in a death or injury requiring
hospitalization. Such report shall be provided to the commission within ten days of the occurrence of the accident.
[Title 79A RCW—page 56]
The results of any investigation of the accident conducted by
the city or county governmental agency shall be included in
the report provided to the commission. At the earliest
opportunity, but in no case more than forty-eight hours after
becoming aware of an accident, the agency shall notify the
commission of the accident. The commission shall have
authority to investigate any boating accident. The results of
any investigation conducted by the commission shall be
made available to the local government for further processing. This provision does not eliminate the requirement for
a boating accident report by the operator required under
RCW 79A.60.200.
The report of a county coroner, or any public official
assuming the functions of a coroner, concerning the death of
any person resulting from a boating accident, shall be
submitted to the commission within one week of completion.
Information in such report may be, together with information
in other such reports, incorporated into the state boating
accident report provided for in RCW 79A.05.310(4), and
shall be for the confidential usage of governmental agencies
as provided in RCW 79A.60.210. [1999 c 249 § 1503; 1987
c 427 § 1. Formerly RCW 88.12.175, 88.12.150, and
43.51.403.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Boating accidents and boating safety services—Study—Report—
1987 c 427: "The parks and recreation commission shall conduct a study
of boating accidents and boating safety services in Washington including a
review of how the local option tax for funding of boating safety enforcement is used. Further the parks and recreation commission shall develop
recommendations to address identified problems and report these recommendations to the legislature by January 2, 1988." [1987 c 427 § 4.]
79A.60.230 Vessels adrift—Owner to be notified.
Any person taking up any vessel found adrift, and out of the
custody of the owner, in waters of this state, shall forthwith
notify the owner thereof, if to him or her known, or if upon
reasonable inquiry he or she can ascertain the name and
residence of the owner, and request such owner to pay all
reasonable charges, and take such vessel away. [1993 c 244
§ 19; Code 1881 § 3242; 1854 p 386 § 1; RRS § 9891.
Formerly RCW 88.12.185, 88.12.160, and 88.20.010.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.240 Notice—Contents—Service. Such notice
as is required by RCW 79A.60.230 shall be given personally,
or in writing; if in writing, it shall be served upon the owner,
or may be sent by mail to the post office where such owner
usually receives his or her letters. Such notice shall inform
the party where the vessel was taken up, and where it may
be found, and what amount the taker-up or finder demands
for his or her charges. [1999 c 249 § 1504; 1993 c 244 §
20; Code 1881 § 3243; 1854 p 386 § 2; RRS § 9892.
Formerly RCW 88.12.195, 88.12.170, and 88.20.020.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.250 Posting of notice. (1) In all cases where
the notice required by RCW 79A.60.230 is not given
personally, it shall be the duty of the taker-up to post up at
the post office nearest the place where such vessel may be
taken up, a written notice of the taking up of such vessel.
The written notice shall contain a description of the vessel,
(2002 Ed.)
Regulation of Recreational Vessels
with the name, if any is painted thereon, also the place
where taken up, the place where the property may be found,
and the charge for taking the same up.
(2) If the taker-up is traveling upon waters of the state,
such notice shall additionally be posted up at the first post
office he or she shall pass after the taking up.
(3) In all cases, the person who took up the vessel shall
at the time when, and place where, he or she posts up such
notice, also mail a copy of such notice, directed to the
postmaster of each post office on waters of the state, and
within fifty miles of the place where such vessel is taken up.
[1999 c 249 § 1505; 1993 c 244 § 21; Code 1881 § 3244;
1854 p 386 § 3; RRS § 9893. Formerly RCW 88.12.205,
88.12.180, and 88.20.030.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.250
1854 p 386 § 5; RRS § 9895. Formerly RCW 88.12.218,
88.12.200, and 88.20.050.]
Intent—1993 c 244: See note following RCW 79A.60.010.
Intent—1987 c 202: See note following RCW 2.04.190.
79A.60.280 Liability for excessive or negligent use.
In case the taker-up shall use the vessel, more than is
necessary to put it into a place of safety, he or she shall be
liable to the owner for such use, and for all damage; and in
case it shall suffer injury from his or her neglect to take
suitable care of it, he or she shall be liable to the owner for
all damage. [1993 c 244 § 24; Code 1881 § 3247, part;
1854 p 387 § 6; RRS § 9896, part. FORMER PART OF
SECTION: Code 1881 § 3247, part. Now codified as RCW
88.20.070. Formerly RCW 88.12.222, 88.12.210, and
88.20.060.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.260 Compensation—Liability on failure to
give notice. Every person taking up any vessel so found
adrift, and giving the notice herein required, shall be entitled
to receive from the owner claiming the property, a reasonable compensation for his or her time, services, expenses,
and risk in taking up said property, and take notice of the
same, to be settled by agreement between the parties. In
case the person has not, within ten days after the taking up,
substantially complied with the provisions of this chapter in
giving the notice, the person shall be entitled to no compensation, but he or she shall be liable to all damages the owner
may have suffered, and be also liable to the owner for the
value of the use of the vessel, from the time of taking it up
until the same is delivered to the owner. [1993 c 244 § 22;
Code 1881 § 3245; 1854 p 386 § 4; RRS § 9894. Formerly
RCW 88.12.215, 88.12.190, and 88.20.040.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.270 Disputed claims—Trial—Bond. In case
the parties cannot agree on the amount to be paid the takerup, or the ownership, and the sum claimed is less than one
thousand dollars, the owner may file a complaint, setting out
the facts, and the judge, on hearing, shall decide the same
with a jury, or not, and in the same manner as is provided in
ordinary civil actions before a district judge. If the amount
claimed by the taker-up is more than one thousand dollars,
the owner shall file his or her complaint in the superior court
of the county where the property is, and trial shall be had as
in other civil actions; but if the taker-up claims more than
one thousand dollars, and a less amount is awarded him or
her, he or she shall be liable for all the costs in the superior
court; and in all cases where the taker-up shall recover a less
amount than has been tendered him or her by the owner or
claimant, previous to filing his or her complaint, he or she
shall pay the costs before the district judge or in the superior
court: PROVIDED, That in all cases the owner, after filing
his or her complaint before a district judge, shall be entitled
to the possession of the vessel, upon giving bond, with
security to the satisfaction of the judge, in double the amount
claimed by the taker-up. When the complaint is filed in the
superior court, the clerk thereof shall approve the security of
the bond. The bond shall be conditioned to pay such costs
as shall be awarded to the finder or taker-up of such vessel.
[1993 c 244 § 23; 1987 c 202 § 248; Code 1881 § 3246;
(2002 Ed.)
79A.60.290 Unclaimed vessel—Procedure. In case
such vessel is of less value than one hundred dollars, and is
not claimed within three months, the taker-up may apply to
a district judge of the district where the property is, who,
upon being satisfied that due notice has been given, and that
the owner cannot, with reasonable diligence be found, shall
order the vessel to be sold, and after paying the taker-up
such sum as he or she shall be entitled to, and the costs, the
balance shall be paid the county treasurer as is provided in
the case of the sale of estrays. In case the vessel exceeds
one hundred dollars, and is not claimed within six months,
application shall be made to the superior court of the county,
and the same proceeding shall be thereupon had. All sales
made under this section shall be conducted as sales of
personal property on execution. [1993 c 244 § 25; 1987 c
202 § 249; Code 1881 § 3247, part; 1854 p 387 § 7; RRS §
9896, part. Formerly RCW 88.12.225, 88.12.220, 88.20.070,
and 88.20.060, part.]
Intent—1993 c 244: See note following RCW 79A.60.010.
Intent—1987 c 202: See note following RCW 2.04.190.
79A.60.300 Vessels secured pursuant to chapter
79A.65 RCW. The provisions of RCW 79A.60.230 through
79A.60.290 do not apply to vessels secured pursuant to
chapter 79A.65 RCW. [2000 c 11 § 103; 1994 c 51 § 8.
Formerly RCW 88.12.227.]
Severability—1994 c 51: See RCW 79A.65.900.
79A.60.400 Vessels carrying passengers for hire on
whitewater rivers—Purpose. The purpose of RCW
79A.60.440 through 79A.60.480 is to further the public
interest, welfare, and safety by providing for the protection
and promotion of safety in the operation of vessels carrying
passengers for hire on the whitewater rivers of this state.
[2000 c 11 § 104; 1993 c 244 § 26; 1986 c 217 § 1.
Formerly RCW 88.12.230 and 91.14.005.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.410 Vessels carrying passengers for hire on
whitewater rivers—Whitewater river outfitter’s license
required. (1) No person shall act in the capacity of a paid
whitewater river outfitter, or advertise in any newspaper or
[Title 79A RCW—page 57]
79A.60.410
Title 79A RCW: Public Recreational Lands
magazine or any other trade publication, or represent himself
or herself as a whitewater river outfitter in the state, without
first obtaining a whitewater river outfitter’s license from the
department of licensing in accordance with RCW
79A.60.480.
(2) Every whitewater river outfitter’s license must, at all
times, be conspicuously placed on the premises set forth in
the license. [2000 c 11 § 105; 1997 c 391 § 2. Formerly
RCW 88.12.232.]
Effective date—1997 c 391 §§ 2, 4, 5, 7, and 8: "Sections 2, 4, 5,
7, and 8 of this act take effect January 1, 1998." [1997 c 391 § 12.]
79A.60.420 Vessels carrying passengers for hire on
whitewater rivers—Conduct constituting misdemeanor.
Except as provided in RCW 79A.60.480, the commission of
a prohibited act or the omission of a required act under
RCW 79A.60.430 through 79A.60.480 constitutes a misdemeanor, punishable as provided under RCW 9.92.030. [2000
c 11 § 106; 1997 c 391 § 3; 1993 c 244 § 27. Formerly
RCW 88.12.235.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.430 Vessels carrying passengers for hire on
whitewater rivers—Safety requirements. (1) While
carrying passengers for hire on whitewater rivers in this
state, the licensed whitewater river outfitter shall comply
with the following requirements at the beginning of every
trip:
(a) If using inflatable vessels, use only vessels with
three or more separate air chambers;
(b) Ensure that all passengers are wearing a securely
fastened United States coast guard-approved type V personal
flotation device of the proper size, and that all guides are
wearing a securely fastened United States coast guardapproved type III or type V personal flotation device;
(c) Ensure that a spare United States coast guardapproved type III or type V personal flotation device in good
repair is accessible to all vessels on each trip;
(d) Ensure that each vessel has on it a bagged throwable
line with a floating line and bag;
(e) Ensure that each vessel has accessible an adequate
first-aid kit;
(f) Ensure that each vessel has a spare propelling
device;
(g) Ensure that a repair kit and air pump are accessible
to inflatable vessel;
(h) Ensure that equipment to prevent and treat hypothermia is accessible to all vessels on a trip; and
(i) Ensure that each vessel is operated by a guide who
has complied with the requirements of subsection (2) of this
section.
(2) No person may act as a guide unless the individual
is at least eighteen years of age and has:
(a) Successfully completed a lifesaving training course
meeting standards adopted by the commission;
(b) Completed a program of guide training on
whitewater rivers, conducted by a guide instructor, which
program must run for a minimum of fifty hours on a
whitewater river and must include at least the following
elements:
(i) Equipment preparation and boat rigging;
[Title 79A RCW—page 58]
(ii) Reading river characteristics including currents,
eddies, rapids, and hazards;
(iii) Methods of scouting and running rapids;
(iv) River rescue techniques, including emergency
procedures and equipment recovery; and
(v) Communications with clients, including paddling and
safety instruction; and
(c) Completed at least one trip on an entire section of
whitewater river before carrying passengers for hire in a
vessel on any such section of whitewater river.
(3) A guide instructor must have traveled at least one
thousand five hundred river miles, seven hundred fifty of
which must have been while acting as a guide.
(4) Any person conducting guide training on whitewater
rivers shall, upon request of a guide trainee, issue proof of
completion to the guide completing the required training
program. [1997 c 391 § 4; 1993 c 244 § 30; 1986 c 217 §
6. Formerly RCW 88.12.245, 88.12.280, and 91.14.050.]
Effective date—1997 c 391 §§ 2, 4, 5, 7, and 8: See note following
RCW 79A.60.410.
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.440 Vessels carrying passengers for hire on
whitewater rivers—Operation of vessel—Exemptions. (1)
No person may operate any vessel carrying passengers for
hire on whitewater rivers in a manner that interferes with
other vessels or with the free and proper navigation of the
rivers of this state.
(2) Every operator of a vessel carrying passengers for
hire on whitewater rivers shall at all times operate the vessel
in a careful and prudent manner and at such a speed as to
not endanger the life, limb, or property of any person.
(3) No vessel carrying passengers for hire on whitewater
rivers may be loaded with passengers or cargo beyond its
safe carrying capacity taking into consideration the type and
construction of the vessel and other existing operating
conditions. In the case of inflatable vessels, safe carrying
capacity in whitewater shall be considered as less than the
United States coast guard capacity rating for each vessel.
This subsection shall not apply in cases of an unexpected
emergency on the river.
(4) Individuals licensed under chapter 77.32 RCW and
acting as fishing guides are exempt from RCW 79A.60.420
and 79A.60.460 through 79A.60.480. [2000 c 11 § 107;
1993 c 244 § 28; 1986 c 217 § 3. Formerly RCW 88.12.250
and 91.14.020.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.450 Vessels carrying passengers for hire on
whitewater rivers—Use of alcohol prohibited—Vessel to
be accompanied by vessel with licensed outfitter. (1)
Whitewater river outfitters and guides on any trip carrying
passengers for hire on whitewater rivers of the state shall not
allow the use of alcohol during the course of a trip on a
whitewater river section in this state.
(2) Any vessel carrying passengers for hire on any
whitewater river section in this state must be accompanied
by at least one other vessel being operated by a licensed
whitewater river outfitter or a guide under the direction or
control of a licensed whitewater river outfitter. [1997 c 391
(2002 Ed.)
Regulation of Recreational Vessels
§ 5; 1993 c 244 § 31; 1986 c 217 § 7. Formerly RCW
88.12.255, 88.12.290, and 91.14.060.]
Effective date—1997 c 391 §§ 2, 4, 5, 7, and 8: See note following
RCW 79A.60.410.
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.460 Vessels carrying passengers for hire on
whitewater rivers—Rights of way. (1) Except as provided
in subsection (2) of this section, vessels on whitewater rivers
proceeding downstream have the right of way over vessels
proceeding upstream.
(2) In all cases, vessels not under power proceeding
downstream on whitewater rivers have the right of way over
motorized craft underway. [1993 c 244 § 29; 1986 c 217 §
4. Formerly RCW 88.12.260 and 91.14.030.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.470 Vessels carrying passengers for hire on
whitewater rivers—Designation of whitewater river
sections. Whitewater river sections include but are not
limited to:
(1) Green river above Flaming Geyser state park;
(2) Klickitat river above the confluence with Summit
creek;
(3) Methow river below the town of Carlton;
(4) Sauk river above the town of Darrington;
(5) Skagit river above Bacon creek;
(6) Suiattle river;
(7) Tieton river below Rimrock dam;
(8) Skykomish river below Sunset Falls and above the
Highway 2 bridge one mile east of the town of Gold Bar;
(9) Wenatchee river above the Wenatchee county park
at the town of Monitor;
(10) White Salmon river; and
(11) Any other section of river designated a "whitewater
river section" by the commission under RCW 79A.60.495.
[2000 c 11 § 108; 1997 c 391 § 6; 1986 c 217 § 8. Formerly RCW 88.12.265, 88.12.300, and 91.14.070.]
79A.60.480 Vessels carrying passengers for hire on
whitewater rivers—Whitewater river outfitter’s license—
Application—Fees—Insurance—Penalties—State immune
from civil actions arising from licensure. (Effective until
January 1, 2003.) (1) The department of licensing shall
issue a whitewater river outfitter’s license to an applicant
who submits a completed application, pays the required fee,
and complies with the requirements of this section.
(2) An applicant for a whitewater river outfitter’s license
shall make application upon a form provided by the department of licensing. The form must be submitted annually and
include the following information:
(a) The name, residence address, and residence telephone number, and the business name, address, and telephone number of the applicant;
(b) Certification that all employees, subcontractors, or
independent contractors hired as guides meet training
standards under RCW 79A.60.430 before carrying any
passengers for hire;
(c) Proof that the applicant has liability insurance for a
minimum of three hundred thousand dollars per claim for
occurrences by the applicant and the applicant’s employees
(2002 Ed.)
79A.60.450
that result in bodily injury or property damage. All guides
must be covered by the applicant’s insurance policy;
(d) Certification that the applicant will maintain the
insurance for a period of not less than one year from the
date of issuance of the license; and
(e) Certification by the applicant that for a period of not
less than twenty-four months immediately preceding the
application the applicant:
(i) Has not had a license, permit, or certificate to carry
passengers for hire on a river revoked by another state or by
an agency of the government of the United States due to a
conviction for a violation of safety or insurance coverage
requirements no more stringent than the requirements of this
chapter; and
(ii) Has not been denied the right to apply for a license,
permit, or certificate to carry passengers for hire on a river
by another state.
(3) The department of licensing shall charge a fee for
each application, to be set in accordance with RCW
43.24.086.
(4) Any person advertising or representing himself or
herself as a whitewater river outfitter who is not currently
licensed is guilty of a gross misdemeanor.
(5) The department of licensing shall submit annually a
list of licensed persons and companies to the department of
community, trade, and economic development, tourism
promotion division.
(6) If an insurance company cancels or refuses to renew
insurance for a licensee, the insurance company shall notify
the department of licensing in writing of the termination of
coverage and its effective date not less than thirty days
before the effective date of termination.
(a) Upon receipt of an insurance company termination
notice, the department of licensing shall send written notice
to the licensee that on the effective date of termination the
department of licensing will suspend the license unless proof
of insurance as required by this section is filed with the
department of licensing before the effective date of the
termination.
(b) If an insurance company fails to give notice of
coverage termination, this failure shall not have the effect of
continuing the coverage.
(c) The department of licensing may suspend a license
under this section if the licensee fails to maintain in full
force and effect the insurance required by this section.
(7) The state of Washington shall be immune from any
civil action arising from the issuance of a license under this
section. [2000 c 11 § 109; 1997 c 391 § 7; 1995 c 399 §
216; 1986 c 217 § 11. Formerly RCW 88.12.275,
88.12.320, and 91.14.090.]
Effective date—1997 c 391 §§ 2, 4, 5, 7, and 8: See note following
RCW 79A.60.410.
79A.60.480 Vessels carrying passengers for hire on
whitewater rivers—Whitewater river outfitter’s license—
Application—Fees—Insurance—Penalties—State immune
from civil actions arising from licensure. (Effective
January 1, 2003.) (1) The department of licensing may
issue a whitewater river outfitter’s license to an applicant
who submits a completed application, pays the required fee,
and complies with the requirements of this section.
[Title 79A RCW—page 59]
79A.60.480
Title 79A RCW: Public Recreational Lands
(2) An applicant for a whitewater river outfitter’s license
shall make application upon a form provided by the department of licensing. The form must be submitted annually and
include the following information:
(a) The name, residence address, and residence telephone number, and the business name, address, and telephone number of the applicant;
(b) Certification that all employees, subcontractors, or
independent contractors hired as guides meet training
standards under RCW 79A.60.430 before carrying any
passengers for hire;
(c) Proof that the applicant has liability insurance for a
minimum of three hundred thousand dollars per claim for
occurrences by the applicant and the applicant’s employees
that result in bodily injury or property damage. All guides
must be covered by the applicant’s insurance policy;
(d) Certification that the applicant will maintain the
insurance for a period of not less than one year from the
date of issuance of the license; and
(e) Certification by the applicant that for a period of not
less than twenty-four months immediately preceding the
application the applicant:
(i) Has not had a license, permit, or certificate to carry
passengers for hire on a river revoked by another state or by
an agency of the government of the United States due to a
conviction for a violation of safety or insurance coverage
requirements no more stringent than the requirements of this
chapter; and
(ii) Has not been denied the right to apply for a license,
permit, or certificate to carry passengers for hire on a river
by another state.
(3) The department of licensing shall charge a fee for
each application, to be set in accordance with RCW
43.24.086.
(4) Any person advertising or representing himself or
herself as a whitewater river outfitter who is not currently
licensed is guilty of a gross misdemeanor.
(5) The department of licensing shall submit annually a
list of licensed persons and companies to the department of
community, trade, and economic development, tourism
promotion division.
(6) If an insurance company cancels or refuses to renew
insurance for a licensee, the insurance company shall notify
the department of licensing in writing of the termination of
coverage and its effective date not less than thirty days
before the effective date of termination.
(a) Upon receipt of an insurance company termination
notice, the department of licensing shall send written notice
to the licensee that on the effective date of termination the
department of licensing will suspend the license unless proof
of insurance as required by this section is filed with the
department of licensing before the effective date of the
termination.
(b) If an insurance company fails to give notice of
coverage termination, this failure shall not have the effect of
continuing the coverage.
(c) The department of licensing may sanction a license
under RCW 18.235.110 if the licensee fails to maintain in
full force and effect the insurance required by this section.
(7) The state of Washington shall be immune from any
civil action arising from the issuance of a license under this
section. [2002 c 86 § 327; 2000 c 11 § 109; 1997 c 391 §
[Title 79A RCW—page 60]
7; 1995 c 399 § 216; 1986 c 217 § 11. Formerly RCW
88.12.275, 88.12.320, and 91.14.090.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1997 c 391 §§ 2, 4, 5, 7, and 8: See note following
RCW 79A.60.410.
79A.60.485 Vessels carrying passengers for hire on
whitewater rivers—Rules to implement RCW
79A.60.480—Fees. The department of licensing may adopt
and enforce such rules, including the setting of fees, as may
be consistent with and necessary to implement RCW
79A.60.480. The fees must approximate the cost of administration. The fees must be deposited in the master license
account. [2000 c 11 § 110; 1997 c 391 § 9. Formerly RCW
88.12.276.]
79A.60.490 Vessels carrying passengers for hire on
whitewater rivers—License suspension for certain
convictions. (Effective until January 1, 2003.) Within five
days after conviction for any of the provisions of RCW
79A.60.430 through 79A.60.480, the court shall forward a
copy of the judgment to the department of licensing. After
receiving proof of conviction, the department of licensing
may suspend the license of any whitewater river outfitter for
a period not to exceed one year or until proof of compliance
with all licensing requirements and correction of the violation under which the whitewater river outfitter was convicted. [2000 c 11 § 111; 1997 c 391 § 8. Formerly RCW
88.12.278.]
Effective date—1997 c 391 §§ 2, 4, 5, 7, and 8: See note following
RCW 79A.60.410.
79A.60.490 Vessels carrying passengers for hire on
whitewater rivers—License sanction for certain convictions. (Effective January 1, 2003.) Within five days after
conviction for any of the provisions of RCW 79A.60.430
through 79A.60.480, the court shall forward a copy of the
judgment to the department of licensing. After receiving
proof of conviction, the department of licensing may sanction the license of any whitewater river outfitter under RCW
18.235.110. Proof of compliance with all licensing requirements and correction of the violation under which the
whitewater river outfitter was convicted may be considered
by the department as mitigating factors when taking disciplinary action. [2002 c 86 § 328; 2000 c 11 § 111; 1997 c
391 § 8. Formerly RCW 88.12.278.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
Effective date—1997 c 391 §§ 2, 4, 5, 7, and 8: See note following
RCW 79A.60.410.
79A.60.495 Designation as whitewater river—
Rules—Schedule of fines. The commission shall adopt
rules that designate as whitewater rivers all sections of rivers
with at least one class III rapid or greater, as described in
the American Whitewater Affiliation’s whitewater safety
code. The commission is authorized to consider the imposi-
(2002 Ed.)
Regulation of Recreational Vessels
tion of a schedule of fines for minor violations. [1997 c 391
§ 10. Formerly RCW 88.12.279.]
79A.60.498 Uniform regulation of business and
professions act. (Effective January 1, 2003.) The uniform
regulation of business and professions act, chapter 18.235
RCW, governs unlicensed practice, the issuance and denial
of licenses, and the discipline of licensees under this chapter.
[2002 c 86 § 329.]
Effective dates—2002 c 86: See note following RCW 18.08.340.
Part headings not law—Severability—2002 c 86: See RCW
18.235.902 and 18.235.903.
79A.60.500 Uniform waterway marking system.
The parks and recreation commission is hereby directed to
develop and adopt rules establishing a uniform waterway
marking system for waters of the state not serviced by such
a marking system administered by the federal government.
Such system shall be designed to provide for standardized
waterway marking buoys, floats, and other waterway
marking devices which identify or specify waterway hazards,
vessel traffic patterns, and similar information of necessity
or use to boaters. Any new or replacement waterway
marking buoy, float, or device installed by a unit of local
government shall be designed and installed consistent with
rules adopted by the parks and recreation commission
pursuant to this section. [1987 c 427 § 3. Formerly RCW
88.12.285, 88.12.350, and 43.51.404.]
79A.60.510 Findings—Sewage disposal initiative
established—Boater environmental education—Waterway
access facilities. The legislature finds that the waters of
Washington state provide a unique and valuable recreational
resource to large and growing numbers of boaters. Proper
stewardship of, and respect for, these waters requires that,
while enjoying them for their scenic and recreational
benefits, boaters must exercise care to assure that such
activities do not contribute to the despoliation of these
waters, and that watercraft be operated in a safe and responsible manner. The legislature has specifically addressed the
topic of access to clean and safe waterways by requiring the
1987 boating safety study and by establishing the Puget
Sound action team.
The legislature finds that there is a need to educate
Washington’s boating community about safe and responsible
actions on our waters and to increase the level and visibility
of the enforcement of boating laws. To address the incidence of fatalities and injuries due to recreational boating on
our state’s waters, local and state efforts directed towards
safe boating must be stimulated. To provide for safe waterways and public enjoyment, portions of the watercraft excise
tax and boat registration fees should be made available for
boating safety and other boating recreation purposes.
In recognition of the need for clean waterways, and in
keeping with the Puget Sound action team’s water quality
work plan, the legislature finds that adequate opportunities
for responsible disposal of boat sewage must be made
available. There is hereby established a five-year initiative
to install sewage pumpout or sewage dump stations at
appropriate marinas.
(2002 Ed.)
79A.60.495
To assure the use of these sewage facilities, a boater
environmental education program must accompany the fiveyear initiative and continue to educate boaters about boat
wastes and aquatic resources.
The legislature also finds that, in light of the increasing
numbers of boaters utilizing state waterways, a program to
acquire and develop sufficient waterway access facilities for
boaters must be undertaken.
To support boating safety, environmental protection and
education, and public access to our waterways, the legislature declares that a portion of the income from boatingrelated activities, as specified in RCW 82.49.030 and
88.02.040, should support these efforts. [1999 c 249 § 1506;
1989 c 393 § 1. Formerly RCW 88.12.295, 88.12.360, and
88.36.010.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.60.520 Identification and designation of
polluted and environmentally sensitive areas. The
commission, in consultation with the departments of ecology,
fish and wildlife, natural resources, social and health
services, and the Puget Sound action team shall conduct a
literature search and analyze pertinent studies to identify
areas which are polluted or environmentally sensitive within
the state’s waters. Based on this review the commission
shall designate appropriate areas as polluted or environmentally sensitive, for the purposes of chapter 393, Laws of
1989 only. [1999 c 249 § 1507; 1994 c 264 § 81; 1989 c
393 § 3. Formerly RCW 88.12.305, 88.12.380, and
88.36.030.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.60.530 Designation of marinas, boat launches,
or boater destinations for installation of sewage pumpout
or dump units. (1) A marina which meets one or more of
the following criteria shall be designated by the commission
as appropriate for installation of a sewage pumpout or dump
unit:
(a) The marina is located in an environmentally sensitive or polluted area; or
(b) The marina has one hundred twenty-five slips or
more and there is a lack of sewage pumpout or dump units
within a reasonable distance.
(2) In addition to subsection (1) of this section, the
commission may at its discretion designate a marina as
appropriate for installation of a sewage pumpout or dump
unit if there is a demonstrated need for a sewage pumpout or
dump unit at the marina based on professionally conducted
studies undertaken by federal, state, or local government, or
the private sector; and it meets the following criteria:
(a) The marina provides commercial services, such as
sales of food, fuel or supplies, or overnight or live-aboard
moorage opportunities;
(b) The marina is located at a heavily used boating
destination or on a heavily traveled route, as determined by
the commission; or
(c) There is a lack of adequate sewage pumpout or
dump unit capacity within a reasonable distance.
(3) Exceptions to the designation made under this
section may be made by the commission if no sewer, septic,
water, or electrical services are available at the marina.
[Title 79A RCW—page 61]
79A.60.530
Title 79A RCW: Public Recreational Lands
(4) In addition to marinas, the commission may designate boat launches or boater destinations as appropriate for
installation of a sewage pumpout or dump unit based on the
criteria found in subsections (1) and (2) of this section.
[1993 c 244 § 32; 1989 c 393 § 4. Formerly RCW
88.12.315, 88.12.390, and 88.36.040.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.540 Contracts for financial assistance—
Ownership of sewage pumpout or dump unit—Ongoing
costs. (1) Marinas and boat launches designated as appropriate for installation of a sewage pumpout or dump unit under
RCW 79A.60.530 shall be eligible for funding support for
installation of such facilities from funds specified in RCW
79A.60.590. The commission shall notify owners or
operators of all designated marinas and boat launches of the
designation, and of the availability of funding to support
installation of appropriate sewage disposal facilities. The
commission shall encourage the owners and operators to
apply for available funding.
(2) The commission shall seek to provide the most costefficient and accessible facilities possible for reducing the
amount of boat waste entering the state’s waters. The
commission shall consider providing funding support for
portable pumpout facilities in this effort.
(3) The commission shall contract with, or enter into an
interagency agreement with another state agency to contract
with, applicants based on the criteria specified below:
(a)(i) Contracts may be awarded to publicly owned,
tribal, or privately owned marinas or boat launches.
(ii) Contracts may provide for state reimbursement to
cover eligible costs as deemed reasonable by commission
rule. Eligible costs include purchase, installation, or major
renovation of the sewage pumpout or dump units, including
sewer, water, electrical connections, and those costs attendant
to the purchase, installation, and other necessary appurtenances, such as required pier space, as determined by the
commission.
(iii) Ownership of the sewage pumpout or dump unit
will be retained by the state through the commission in
privately owned marinas. Ownership of the sewage pumpout
or dump unit in publicly owned marinas will be held by the
public entity.
(iv) Operation, normal and expected maintenance, and
ongoing utility costs will be the responsibility of the contract
recipient. The sewage pumpout or dump unit shall be kept
in operating condition and available for public use at all
times during operating hours of the facility, excluding necessary maintenance periods.
(v) The contract recipient agrees to allow the installation, existence and use of the sewage pumpout or dump unit
by granting an irrevocable license for a minimum of ten
years at no cost to the commission.
(b) Contracts awarded pursuant to (a) of this subsection
shall be subject, for a period of at least ten years, to the
following conditions:
(i) Any contract recipient entering into a contract under
this section must allow the boating public access to the
sewage pumpout or dump unit during operating hours.
(ii) The contract recipient must agree to monitor and
encourage the use of the sewage pumpout or dump unit, and
[Title 79A RCW—page 62]
to cooperate in any related boater environmental education
program administered or approved by the commission.
(iii) The contract recipient must agree not to charge a
fee for the use of the sewage pumpout or dump unit.
(iv) The contract recipient must agree to arrange and
pay a reasonable fee for a periodic inspection of the sewage
pumpout or dump unit by the local health department or
appropriate authority.
(v) Use of a free sewage pumpout or dump unit by the
boating public shall be deemed to be included in the term
"outdoor recreation" for the purposes of chapter 4.24 RCW.
[2000 c 11 § 112; 1993 c 244 § 33; 1989 c 393 § 5. Formerly RCW 88.12.325, 88.12.400, and 88.36.050.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.550 Development by department of ecology
of design, installation, and operation of sewage pumpout
and dump units—Rules. The department of ecology, in
consultation with the commission, shall, for initiation of the
statewide program only, develop criteria for the design,
installation, and operation of sewage pumpout and dump
units, taking into consideration the ease of access to the unit
by the boating public. The department of ecology may adopt
rules to administer the provisions of this section. [1993 c
244 § 34; 1989 c 393 § 6. Formerly RCW 88.12.335,
88.12.410, and 88.36.060.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.560 Boater environmental education program. The commission shall undertake a statewide boater
environmental education program concerning the effects of
boat wastes. The boater environmental education program
shall provide informational materials on proper boat waste
disposal methods, environmentally safe boat maintenance
practices, locations of sewage pumpout and dump units, and
boat oil recycling facilities. [1993 c 244 § 35; 1989 c 393
§ 7. Formerly RCW 88.12.345, 88.12.420, and 88.36.070.]
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.570 Grants for environmental education or
boat waste management planning. The commission shall
award grants to local government entities for boater environmental education or boat waste management planning.
Grants shall be allocated according to criteria developed by
the commission. [1989 c 393 § 8. Formerly RCW
88.12.355, 88.12.430, and 88.36.080.]
79A.60.580 Review of programs by commission.
The commission shall, in consultation with interested parties,
review progress on installation of sewage pumpout and dump
units, the boater environmental education program, and the
boating safety program. [1999 c 249 § 1508; 1993 c 244 §
36; 1989 c 393 § 9. Formerly RCW 88.12.365, 88.12.440,
and 88.36.090.]
Severability—1999 c 249: See note following RCW 79A.05.010.
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.590 Allocation of funds. The amounts
allocated in accordance with *RCW 82.49.030(3) shall be
(2002 Ed.)
Regulation of Recreational Vessels
79A.60.590
expended upon appropriation in accordance with the following limitations:
(1) Thirty percent of the funds shall be appropriated to
the interagency committee for outdoor recreation and be
expended for use by state and local government for public
recreational waterway boater access and boater destination
sites. Priority shall be given to critical site acquisition. The
interagency committee for outdoor recreation shall administer
such funds as a competitive grants program. The amounts
provided for in this subsection shall be evenly divided
between state and local governments.
(2) Thirty percent of the funds shall be expended by the
commission exclusively for sewage pumpout or dump units
at publicly and privately owned marinas as provided for in
RCW 79A.60.530 and 79A.60.540.
(3) Twenty-five percent of the funds shall be expended
for grants to state agencies and other public entities to
enforce boating safety and registration laws and to carry out
boating safety programs. The commission shall administer
such grant program.
(4) Fifteen percent shall be expended for instructional
materials, programs or grants to the public school system,
public entities, or other nonprofit community organizations
to support boating safety and boater environmental education
or boat waste management planning. The commission shall
administer this program. [2000 c 11 § 113; 1993 c 244 §
37; 1989 c 393 § 11. Formerly RCW 88.12.375, 88.12.450,
and 88.36.100.]
(e) Current state and federal standards governing heating
and cooking appliances on vessels that are fueled by liquid
petroleum gas do not adequately protect against undetected
gas leaks. Such gas leaks have led to explosions on Washington waters, causing loss of life and property damage;
(f) The commission coordinates a statewide program of
boating safety education to communicate accident prevention
information to boaters at risk of fires, explosions, and other
hazards, and administers a boating accident reporting
program to assess the effectiveness of accident prevention
measures.
(2) It is the intent of the legislature to address the state’s
unique local circumstances regarding inadequate protection
of Washington’s boaters from undetected leaks of liquid
petroleum gas-fueled appliances by incorporating into the
boating safety program an intensified boating fire prevention
program with special emphasis on preventing fires and
carbon monoxide poisoning caused by auxiliary fuels and
appliances. [1994 c 151 § 1; 1993 c 469 § 1. Formerly
RCW 88.12.500.]
*Reviser’s note: RCW 82.49.030 was amended by 2000 c 103 § 18,
deleting subsection (3).
Intent—1993 c 244: See note following RCW 79A.60.010.
79A.60.610 Recreational boating fire prevention
education program. The commission shall undertake a
statewide recreational boating fire prevention education
program concerning the safe use of marine fuels and
electrical systems and the hazards of carbon monoxide. The
boating fire prevention education program shall provide for
the distribution of fire safety materials and decals warning of
fire hazards and for educational opportunities to educate
boaters on the safety practices needed to operate heaters,
stoves, and other appliances in Washington’s unique aquatic
environment. The commission shall evaluate the boating
public’s voluntary participation in the program and the
program’s impact on safe boating. [1994 c 151 § 2.
Formerly RCW 88.12.505.]
79A.60.595 Commission to adopt rules. The
commission shall adopt rules as are necessary to carry out all
sections of chapter 393, Laws of 1989 except for RCW
79A.60.550 and 82.49.030. The commission shall comply
with all applicable provisions of chapter 34.05 RCW in
adopting the rules. [1999 c 249 § 1509; 1989 c 393 § 14.
Formerly RCW 88.12.385, 88.12.460, and 88.36.110.]
Severability—1999 c 249: See note following RCW 79A.05.010.
79A.60.600 Liquid petroleum gas leak warning
devices—Findings. (1) The legislature finds that:
(a) Washington state has the greatest length of marine
shoreline miles of the lower forty-eight states;
(b) Such marine waters and the extensive freshwater
lakes and rivers of the state provide innumerable recreational
opportunities, and support a state recreational vessel population that is one of the largest in the country;
(c) Many of Washington’s popular recreational waters
are remote from population centers and thus remote from
emergency health care facilities;
(d) Washington’s climate in the western portion of the
state, in which its marine recreational waters lie, is cool and
wet for much of the year. Much of the state’s recreational
vessel activity is conducted in the late fall and winter months
in connection with fishing activities. For these reasons the
great majority of Washington vessels are equipped with
heating devices. These appliances are in use for a much
greater portion of the boating season than in other states, and
are predominantly fueled by liquid petroleum gas;
(2002 Ed.)
Severability—1993 c 469: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 469 § 7.]
Effective date—1993 c 469: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 17, 1993]." [1993 c 469 § 8.]
79A.60.620 Small spill prevention education program. (1) The Washington sea grant program, in consultation with the department of ecology, shall develop and
conduct a voluntary spill prevention education program that
targets small spills from commercial fishing vessels, ferries,
cruise ships, ports, and marinas. Washington sea grant shall
coordinate the spill prevention education program with
recreational boater education performed by the state parks
and recreation commission.
(2) The spill prevention education program shall
illustrate ways to reduce oil contamination of bilge water,
accidental spills of hydraulic fluid and other hazardous
substances during routine maintenance, and reduce spillage
during refueling. The program shall illustrate proper
disposal of oil and hazardous substances and promote
strategies to meet shoreside oil and hazardous substance
handling, and disposal needs of the targeted groups. The
program shall include a series of training workshops and the
[Title 79A RCW—page 63]
79A.60.620
Title 79A RCW: Public Recreational Lands
development of educational materials. [2000 c 11 § 114;
1991 c 200 § 110. Formerly RCW 90.56.090.]
Chapter 79A.65
COMMISSION MOORAGE FACILITIES
Sections
79A.65.010
79A.65.020
79A.65.030
79A.65.040
79A.65.050
79A.65.900
Definitions.
Securing unauthorized vessels—Notice—Claiming
vessels—Abandoned vessels.
Sale of abandoned vessels—Notice—Redemption of
vessels—Use of proceeds—Disposal of vessels.
Action to recover charges—Attorneys’ fees—Costs.
Rights not affected.
Severability—1994 c 51.
79A.65.010 Definitions. (Effective until January 1,
2003.) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(1) "Charges" means charges of the commission for
moorage and storage, and all other charges related to the
vessel and owing to or that become owing to the commission, including but not limited to costs of securing, disposing, or removing vessels, damages to any commission
facility, and any costs of sale and related legal expenses for
implementing RCW 79A.65.020 and 79A.65.030.
(2) "Commission" means the Washington state parks
and recreation commission.
(3) "Commission facility" means any property or facility
owned, leased, operated, managed, or otherwise controlled
by the commission or by a person pursuant to a contract
with the commission.
(4) "Owner" means a person who has a lawful right to
possession of a vessel by purchase, exchange, gift, lease,
inheritance, or legal action whether or not the vessel is
subject to a security interest, and shall not include the holder
of a bona fide security interest.
(5) "Person" means any natural person, firm, partnership, corporation, association, organization, or any other
entity.
(6)(a) "Registered owner" means any person that is
either: (i) Shown as the owner in a vessel certificate of
documentation issued by the secretary of the United States
department of transportation under 46 U.S.C. Sec. 12103; or
(ii) the registered owner or legal owner of a vessel for which
a certificate of title has been issued under chapter 88.02
RCW; or (iii) the owner of a vessel registered under the
vessel registration laws of another state under which laws the
commission can readily identify the ownership of vessels
registered with that state.
(b) "Registered owner" also includes: (i) Any holder of
a security interest or lien recorded with the United States
department of transportation with respect to a vessel on
which a certificate of documentation has been issued; (ii)
any holder of a security interest identified in a certificate of
title for a vessel registered under chapter 88.02 RCW; or (iii)
any holder of a security interest in a vessel where the holder
is identified in vessel registration information of a state with
vessel registration laws that fall within (a)(iii) of this
subsection and under which laws the commission can readily
determine the identity of the holder.
[Title 79A RCW—page 64]
(c) "Registered owner" does not include any vessel
owner or holder of a lien or security interest in a vessel if
the vessel does not have visible information affixed to it
(such as name and hailing port or registration numbers) that
will enable the commission to obtain ownership information
for the vessel without incurring unreasonable expense.
(7) "Registered vessel" means a vessel having a registered owner.
(8) "Secured vessel" means any vessel that has been
secured by the commission that remains in the commission’s
possession and control.
(9) "Unauthorized vessel" means a vessel using a
commission facility of any type whose owner has not paid
the required moorage fees or has left the vessel beyond the
posted time limits, or a vessel otherwise present without
permission of the commission.
(10) "Vessel" means every watercraft or part thereof
constructed, used, or capable of being used as a means of
transportation on the water. It includes any equipment or
personal property on the vessel that is used or capable of
being used for the operation, navigation, or maintenance of
the vessel. [2000 c 11 § 115; 1994 c 51 § 1. Formerly
RCW 88.27.010.]
79A.65.010 Definitions. (Effective January 1, 2003.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Charges" means charges of the commission for
moorage and storage, and all other charges related to the
vessel and owing to or that become owing to the commission, including but not limited to costs of securing, disposing, or removing vessels, damages to any commission
facility, and any costs of sale and related legal expenses for
implementing RCW 79A.65.020 and 79A.65.030.
(2) "Commission" means the Washington state parks
and recreation commission.
(3) "Commission facility" means any moorage facility,
as that term is defined in RCW 53.08.310, owned, leased,
operated, managed, or otherwise controlled by the commission or by a person pursuant to a contract with the commission.
(4) "Owner" means a person who has a lawful right to
possession of a vessel by purchase, exchange, gift, lease,
inheritance, or legal action whether or not the vessel is
subject to a security interest, and shall not include the holder
of a bona fide security interest.
(5) "Person" means any natural person, firm, partnership, corporation, association, organization, or any other
entity.
(6)(a) "Registered owner" means any person that is
either: (i) Shown as the owner in a vessel certificate of
documentation issued by the secretary of the United States
department of transportation under 46 U.S.C. Sec. 12103; or
(ii) the registered owner or legal owner of a vessel for which
a certificate of title has been issued under chapter 88.02
RCW; or (iii) the owner of a vessel registered under the
vessel registration laws of another state under which laws the
commission can readily identify the ownership of vessels
registered with that state.
(b) "Registered owner" also includes: (i) Any holder of
a security interest or lien recorded with the United States
(2002 Ed.)
Commission Moorage Facilities
department of transportation with respect to a vessel on
which a certificate of documentation has been issued; (ii)
any holder of a security interest identified in a certificate of
title for a vessel registered under chapter 88.02 RCW; or (iii)
any holder of a security interest in a vessel where the holder
is identified in vessel registration information of a state with
vessel registration laws that fall within (a)(iii) of this
subsection and under which laws the commission can readily
determine the identity of the holder.
(c) "Registered owner" does not include any vessel
owner or holder of a lien or security interest in a vessel if
the vessel does not have visible information affixed to it
(such as name and hailing port or registration numbers) that
will enable the commission to obtain ownership information
for the vessel without incurring unreasonable expense.
(7) "Registered vessel" means a vessel having a registered owner.
(8) "Secured vessel" means any vessel that has been
secured by the commission that remains in the commission’s
possession and control.
(9) "Unauthorized vessel" means a vessel using a
commission facility of any type whose owner has not paid
the required moorage fees or has left the vessel beyond the
posted time limits, or a vessel otherwise present without
permission of the commission.
(10) "Vessel" means every watercraft or part thereof
constructed, used, or capable of being used as a means of
transportation on the water. It includes any equipment or
personal property on the vessel that is used or capable of
being used for the operation, navigation, or maintenance of
the vessel. [2002 c 286 § 20; 2000 c 11 § 115; 1994 c 51
§ 1. Formerly RCW 88.27.010.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
79A.65.020 Securing unauthorized vessels—
Notice—Claiming vessels—Abandoned vessels. (Effective
until January 1, 2003.) (1) The commission may take
reasonable measures, including but not limited to the use of
anchors, chains, ropes, and locks, or removal from the water,
to secure unauthorized vessels located at or on a commission
facility so that the unauthorized vessels are in the possession
and control of the commission. At least ten days before
securing any unauthorized registered vessel, the commission
shall send notification by registered mail to the last registered owner or registered owners of the vessel at their last
known address or addresses.
(2) The commission may take reasonable measures,
including but not limited to the use of anchors, chains, ropes,
locks, or removal from the water, to secure any vessel if the
vessel, in the opinion of the commission, is a nuisance, is in
danger of sinking or creating other damage to a commission
facility, or is otherwise a threat to the health, safety, or
welfare of the public or environment at a commission
facility. The costs of any such procedure shall be paid by
the vessel’s owner.
(3) At the time of securing any vessel under subsection
(1) or (2) of this section, the commission shall attach to the
vessel a readily visible notice or, when practicable, shall post
such notice in a conspicuous location at the commission
facility in the event the vessel is removed from the premises.
(2002 Ed.)
79A.65.010
The notice shall be of a reasonable size and shall contain the
following information:
(a) The date and time the notice was attached or posted;
(b) A statement that the vessel has been secured by the
commission and that if the commission’s charges, if any, are
not paid and the vessel is not removed by . . . . . . (the
thirty-fifth consecutive day following the date of attachment
or posting of the notice), the vessel will be considered
abandoned and will be sold at public auction to satisfy the
charges;
(c) The address and telephone number where additional
information may be obtained concerning the securing of the
vessel and conditions for its release; and
(d) A description of the owner’s or secured party’s
rights under this chapter.
(4) With respect to registered vessels: Within five days
of the date that notice is attached or posted under subsection
(3) of this section, the commission shall send such notice, by
registered mail, to each registered owner.
(5) If a vessel is secured under subsection (1) or (2) of
this section, the owner, or any person with a legal right to
possess the vessel, may claim the vessel by:
(a) Making arrangements satisfactory to the commission
for the immediate removal of the vessel from the
commission’s control or for authorized storage or moorage;
and
(b) Making payment to the commission of all reasonable
charges incurred by the commission in securing the vessel
under subsections (1) and (2) of this section and of all
moorage fees owed to the commission.
(6) A vessel is considered abandoned if, within the
thirty-five day period following the date of attachment or
posting of notice in subsection (3) of this section, the vessel
has not been claimed under subsection (5) of this section.
[1994 c 51 § 2. Formerly RCW 88.27.020.]
79A.65.020 Securing unauthorized vessels—
Notice—Claiming vessels—Abandoned vessels—Derelict
vessel removal account. (Effective January 1, 2003.) (1)
The commission may take reasonable measures, including
but not limited to the use of anchors, chains, ropes, and
locks, or removal from the water, to secure unauthorized
vessels located at or on a commission facility so that the
unauthorized vessels are in the possession and control of the
commission. At least ten days before securing any unauthorized registered vessel, the commission shall send notification by registered mail to the last registered owner or
registered owners of the vessel at their last known address or
addresses.
(2) The commission may take reasonable measures,
including but not limited to the use of anchors, chains, ropes,
locks, or removal from the water, to secure any vessel if the
vessel, in the opinion of the commission, is a nuisance, is in
danger of sinking or creating other damage to a commission
facility, or is otherwise a threat to the health, safety, or
welfare of the public or environment at a commission
facility. The costs of any such procedure shall be paid by
the vessel’s owner.
(3) At the time of securing any vessel under subsection
(1) or (2) of this section, the commission shall attach to the
vessel a readily visible notice or, when practicable, shall post
[Title 79A RCW—page 65]
79A.65.020
Title 79A RCW: Public Recreational Lands
such notice in a conspicuous location at the commission
facility in the event the vessel is removed from the premises.
The notice shall be of a reasonable size and shall contain the
following information:
(a) The date and time the notice was attached or posted;
(b) A statement that the vessel has been secured by the
commission and that if the commission’s charges, if any, are
not paid and the vessel is not removed by . . . . . . (the
thirty-fifth consecutive day following the date of attachment
or posting of the notice), the vessel will be considered
abandoned and will be sold at public auction to satisfy the
charges;
(c) The address and telephone number where additional
information may be obtained concerning the securing of the
vessel and conditions for its release; and
(d) A description of the owner’s or secured party’s
rights under this chapter.
(4) With respect to registered vessels: Within five days
of the date that notice is attached or posted under subsection
(3) of this section, the commission shall send such notice, by
registered mail, to each registered owner.
(5) If a vessel is secured under subsection (1) or (2) of
this section, the owner, or any person with a legal right to
possess the vessel, may claim the vessel by:
(a) Making arrangements satisfactory to the commission
for the immediate removal of the vessel from the
commission’s control or for authorized storage or moorage;
and
(b) Making payment to the commission of all reasonable
charges incurred by the commission in securing the vessel
under subsections (1) and (2) of this section and of all
moorage fees owed to the commission.
(6) A vessel is considered abandoned if, within the
thirty-five day period following the date of attachment or
posting of notice in subsection (3) of this section, the vessel
has not been claimed under subsection (5) of this section.
(7) If the owner or owners of a vessel are unable to
reimburse the commission for all reasonable charges under
subsections (1) and (2) of this section within a reasonable
time, the commission may seek reimbursement of seventyfive percent of all reasonable and auditable costs from the
derelict vessel removal account established in RCW
79.100.100. [2002 c 286 § 21; 1994 c 51 § 2. Formerly
RCW 88.27.020.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
79A.65.030 Sale of abandoned vessels—Notice—
Redemption of vessels—Use of proceeds—Disposal of
vessels. (Effective until January 1, 2003.) (1) The commission may provide for the public sale of vessels considered abandoned under RCW 79A.65.020. At such sales, the
vessels shall be sold for cash to the highest and best bidder.
(2) Before a vessel is sold, the commission shall make
a reasonable effort to provide notice of sale, at least twenty
days before the day of the sale, to each registered owner of
a registered vessel and each owner of an unregistered vessel.
The notice shall contain the time and place of the sale, a
reasonable description of the vessel to be sold, and the
amount of charges then owing with respect to the vessel, and
a summary of the rights and procedures under this chapter.
A notice of sale shall be published at least once, more than
[Title 79A RCW—page 66]
ten but not more than twenty days before the sale, in a
newspaper of general circulation in the county in which the
commission facility is located. This notice shall include: (a)
If known, the name of the vessel and the last owner and the
owner’s address; and (b) a reasonable description of the vessel. The commission may bid all or part of its charges at the
sale and may become a purchaser at the sale.
(3) Before a vessel is sold, any person seeking to
redeem a secured vessel may commence a lawsuit in the
superior court for the county in which the vessel was secured
to contest the commission’s decision to secure the vessel or
the amount of charges owing. This lawsuit shall be commenced within fifteen days of the date the notification was
posted under RCW 79A.65.020(3), or the right to a hearing
is deemed waived and the owner is liable for any charges
owing the commission. In the event of litigation, the
prevailing party is entitled to reasonable attorneys’ fees and
costs.
(4) The proceeds of a sale under this section shall be
applied first to the payment of the amount of the reasonable
charges incurred by the commission and moorage fees owed
to the commission, then to the owner or to satisfy any liens
of record or security interests of record on the vessel in the
order of their priority. If an owner cannot in the exercise of
due diligence be located by the commission within one year
of the date of the sale, any excess funds from the sale,
following the satisfaction of any bona fide security interest,
shall revert to the department of revenue under chapter 63.29
RCW. If the sale is for a sum less than the applicable
charges, the commission is entitled to assert a claim for the
deficiency against the vessel owner. Nothing in this section
prevents any lien holder or secured party from asserting a
claim for any deficiency owed the lien holder or secured
party.
(5) If no one purchases the vessel at a sale, the commission may proceed to properly dispose of the vessel in any
way the commission considers appropriate, including, but not
limited to, destruction of the vessel or by negotiated sale.
The commission may assert a claim against the owner for
any charges incurred thereby. If the vessel, or any part of
the vessel, or any rights to the vessel, are sold under this
subsection, any proceeds from the sale shall be distributed in
the manner provided in subsection (4) of this section. [2000
c 11 § 116; 1994 c 51 § 3. Formerly RCW 88.27.030.]
79A.65.030 Sale of abandoned vessels—Notice—
Redemption of vessels—Use of proceeds—Disposal of
vessels. (Effective January 1, 2003.) (1) The commission
may provide for the public sale of vessels considered
abandoned under RCW 79A.65.020. At such sales, the
vessels shall be sold for cash to the highest and best bidder.
The commission may establish either a minimum bid or
require a letter of credit, or both, to discourage the future
reabandonment of the vessel.
(2) Before a vessel is sold, the commission shall make
a reasonable effort to provide notice of sale, at least twenty
days before the day of the sale, to each registered owner of
a registered vessel and each owner of an unregistered vessel.
The notice shall contain the time and place of the sale, a
reasonable description of the vessel to be sold, and the
amount of charges then owing with respect to the vessel, and
(2002 Ed.)
Commission Moorage Facilities
a summary of the rights and procedures under this chapter.
A notice of sale shall be published at least once, more than
ten but not more than twenty days before the sale, in a
newspaper of general circulation in the county in which the
commission facility is located. This notice shall include: (a)
If known, the name of the vessel and the last owner and the
owner’s address; and (b) a reasonable description of the vessel. The commission may bid all or part of its charges at the
sale and may become a purchaser at the sale.
(3) Before a vessel is sold, any person seeking to
redeem a secured vessel may commence a lawsuit in the
superior court for the county in which the vessel was secured
to contest the commission’s decision to secure the vessel or
the amount of charges owing. This lawsuit shall be commenced within fifteen days of the date the notification was
posted under RCW 79A.65.020(3), or the right to a hearing
is deemed waived and the owner is liable for any charges
owing the commission. In the event of litigation, the
prevailing party is entitled to reasonable attorneys’ fees and
costs.
(4) The proceeds of a sale under this section shall be
applied first to the payment of the amount of the reasonable
charges incurred by the commission and moorage fees owed
to the commission, then to the owner or to satisfy any liens
of record or security interests of record on the vessel in the
order of their priority. If an owner cannot in the exercise of
due diligence be located by the commission within one year
of the date of the sale, any excess funds from the sale,
following the satisfaction of any bona fide security interest,
shall revert to the derelict vessel removal account established
in RCW 79.100.100. If the sale is for a sum less than the
applicable charges, the commission is entitled to assert a
claim for the deficiency against the vessel owner. Nothing
in this section prevents any lien holder or secured party from
asserting a claim for any deficiency owed the lien holder or
secured party.
(5) If no one purchases the vessel at a sale, the commission may proceed to properly dispose of the vessel in any
way the commission considers appropriate, including, but not
limited to, destruction of the vessel or by negotiated sale.
The commission may assert a claim against the owner for
any charges incurred thereby. If the vessel, or any part of
the vessel, or any rights to the vessel, are sold under this
subsection, any proceeds from the sale shall be distributed in
the manner provided in subsection (4) of this section. [2002
c 286 § 22; 2000 c 11 § 116; 1994 c 51 § 3. Formerly
RCW 88.27.030.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
79A.65.040 Action to recover charges—Attorneys’
fees—Costs. If the full amount of all charges due the
commission on an unauthorized vessel is not paid to the
commission within thirty days after the date on which notice
is affixed or posted under RCW 79A.65.020(3), the commission may bring an action in any court of competent jurisdiction to recover the charges, plus reasonable attorneys’ fees
and costs incurred by the commission. [2000 c 11 § 117;
1994 c 51 § 4. Formerly RCW 88.27.040.]
(2002 Ed.)
79A.65.030
79A.65.050 Rights not affected. The rights granted
to the commission under this chapter are in addition to any
other legal rights the commission may have to secure, hold,
and sell a vessel and in no manner does this section alter
those rights, or affect the priority of other liens on a vessel.
[1994 c 51 § 5. Formerly 88.27.050.]
79A.65.900 Severability—1994 c 51. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1994 c 51 § 10. Formerly RCW 88.27.900.]
Chapter 79A.70
STATE PARKS GIFT FOUNDATION
Sections
79A.70.005
79A.70.010
79A.70.020
79A.70.030
79A.70.040
79A.70.050
79A.70.900
Findings.
Purpose.
Definitions.
Washington state parks gift foundation—
Establishment—Board of directors—Term of service.
Foundation’s duties—Grant process.
Foundation moneys not to supplant preexisting funding.
Severability—2000 c 25.
79A.70.005 Findings. The legislature finds that:
(1) State parks are a valuable asset to the people of the
state of Washington, contributing to their health, education,
and well-being;
(2) Well maintained state parks are an attraction and
contribute significantly to the economic well-being of the
state of Washington;
(3) Well maintained state parks encourage the appreciation of the natural resources and natural beauty of the state
of Washington;
(4) There is an increasing demand for more state parks
and more state parks services;
(5) There are individuals and groups who desire to
contribute to the continued vitality of the state parks system;
(6) Providing a tax-deductible method for individuals
and groups to contribute is an effective way of increasing
available funds to improve the state parks system; and
(7) It is in the public interest to create a nonprofit
foundation to provide such a method for individuals and
groups to contribute to the preservation, restoration, and
enhancement of the state parks system. [2000 c 25 § 1.]
79A.70.010 Purpose. The purpose of the Washington
state parks gift foundation is to solicit support for the state
parks system, cooperate with other organizations, and to
encourage gifts to support and improve the state parks.
[2000 c 25 § 2.]
79A.70.020 Definitions. The definitions in this
section apply throughout this chapter, unless the context
clearly requires otherwise.
(1) "Foundation" means the Washington state parks gift
foundation, created in RCW 79A.70.030.
[Title 79A RCW—page 67]
79A.70.020
Title 79A RCW: Public Recreational Lands
(2) "State parks" means that system of parks administered by the commission under this title.
(3) "Eligible grant recipients" includes any and all of the
activities of the commission in carrying out the provisions of
this title.
(4) "Eligible projects" means any project, action, or part
of any project or action that serves to preserve, restore,
improve, or enhance the state parks. [2000 c 25 § 3.]
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [2000 c 25 § 7.]
79A.70.030 Washington state parks gift foundation—Establishment—Board of directors—Term of
service. (1) By September 1, 2000, the commission shall
file articles of incorporation in accordance with the Washington nonprofit corporation act, chapter 24.03 RCW, to
establish the Washington state parks gift foundation. The
foundation shall not be an agency, instrumentality, or
political subdivision of the state and shall not disburse public
funds.
(2) The foundation shall have a board of directors
consisting of up to fifteen members. Initial members of the
board shall be appointed by the governor and collectively
have experience in business, charitable giving, outdoor recreation, and parks administration. Initial appointments shall be
made by September 30, 2000. Subsequent board members
shall be elected by the general membership of the foundation.
(3) Members of the board shall serve three-year terms,
except for the initial terms, which shall be staggered by the
governor to achieve a balanced mix of terms on the board.
Members of the board may serve up to a maximum of three
terms. At the end of a term, a member may continue to
serve until a successor has been elected. [2000 c 25 § 4.]
79A.70.040 Foundation’s duties—Grant process.
(1) As soon as practicable, the board of directors shall
organize themselves and the foundation suitably to carry out
the duties of the foundation, including achieving federal taxexempt status.
(2) The foundation shall actively solicit contributions
from individuals and groups for the benefit of the state
parks.
(3) The foundation shall develop criteria for guiding
themselves in either the creation of an endowment, or the
making of grants to eligible grant recipients and eligible
projects in the state parks, or both.
(4) A competitive grant process shall be conducted at
least annually by the foundation to award funds to the state
parks. Competitive grant applications shall only be submitted to the foundation by the commission. The process shall
be started as soon as practicable. Grants shall be awarded
to eligible projects consistent with the criteria developed by
the foundation and shall be available only for state parks use
on eligible projects. [2000 c 25 § 5.]
79A.70.050 Foundation moneys not to supplant
preexisting funding. Money provided to the state parks by
the foundation shall not be used to supplant preexisting
funding sources. [2000 c 25 § 6.]
79A.70.900 Severability—2000 c 25. If any provision
of this act or its application to any person or circumstance is
[Title 79A RCW—page 68]
(2002 Ed.)
Title 80
PUBLIC UTILITIES
Chapters
80.01
80.04
80.08
80.12
80.16
80.20
80.24
80.28
80.32
80.36
80.40
80.50
80.52
80.54
80.58
80.60
80.66
80.98
Utilities and transportation commission.
Regulations—General.
Securities.
Transfers of property.
Affiliated interests.
Investigation of public service companies.
Regulatory fees.
Gas, electrical, and water companies.
Electric franchises and rights of way.
Telecommunications.
Underground Natural Gas Storage Act.
Energy facilities—Site locations.
Energy financing voter approval act.
Attachments to transmission facilities.
Nonpolluting power generation exemption.
Net metering of electricity.
Radio communications service companies.
Construction.
Agreements between electrical public utilities and cooperatives: Chapter
54.48 RCW.
Assessment of public utilities for property tax purposes: Chapter 84.12
RCW.
Conversion of overhead electric and communication facilities to underground: Chapter 35.96 RCW, RCW 36.88.410 through 36.88.480.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Corporations, annual license fee of public service companies: RCW
23B.01.590.
Easements of public service companies taxable as personalty: RCW
84.20.010.
Electrical advisory board: RCW 19.28.311.
Flaggers—Safety standards: RCW 49.17.350.
Franchise on county roads and bridges: Chapter 36.55 RCW.
Fraud in obtaining telecommunications service: RCW 9.26A.110.
Gas and hazardous liquid pipelines: Chapter 81.88 RCW.
Generating electricity by steam: RCW 43.21.220 through 43.21.410.
Hydroelectric resources, creation of separate legal authority by irrigation
districts and cities, towns, or public utility districts: RCW 87.03.825
through 87.03.840.
Mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Motor vehicle fuel tax exemption for urban transportation system: RCW
82.36.275.
Municipal utilities: Chapter 35.92 RCW.
Municipal utilities, sale or lease of: Chapter 35.94 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Nuclear, thermal power facilities, joint development by cities, public utility
districts, electrical companies: Chapter 54.44 RCW.
Operating agencies: Chapter 43.52 RCW.
Party line telephone calls, emergencies: Chapter 70.85 RCW.
Power resources, state division of: Chapter 43.27A RCW.
Public utility districts: Title 54 RCW.
Public utility tax: Chapter 82.16 RCW.
State department of conservation: Chapter 43.27A RCW.
(2002 Ed.)
State power commission: Chapter 43.27A RCW.
Traffic control at work sites: RCW 47.36.200 through 47.36.230.
Underground utilities, records of location: Chapter 19.122 RCW.
Utility poles, unlawful to attach objects: RCW 70.54.090, 70.54.100.
Water resources, state division of: Chapter 43.27A RCW.
Chapter 80.01
UTILITIES AND
TRANSPORTATION COMMISSION
Sections
80.01.010
Commission created—Appointment of members—Terms—
Vacancies—Removal—Salary.
80.01.020 Commissioners—Oath, bond, and qualifications—Persons
excluded from office and employment.
80.01.030 Commission to employ secretary and other assistants—
Secretary’s duties—Deputies.
80.01.040 General powers and duties of commission.
80.01.050 Quorum—Hearings—Actions deemed those of the commission.
80.01.060 Administrative law judges—Powers—Designated persons for
emergency adjudications.
80.01.070 Joint investigations, hearings, orders.
80.01.075 Authority to initiate, participate in federal administrative
agency proceedings.
80.01.080 Public service revolving fund.
80.01.090 Proceedings public records—Seal.
80.01.100 Duties of attorney general.
80.01.110 Wholesale telecommunications services—Commission authorized to review rates, terms, conditions.
80.01.300 Certain provisions not to detract from commission powers,
duties, and functions.
Collection agencies, retained by public bodies to collect debts—Fees: RCW
19.16.500.
Solid waste collection districts in counties, commission findings necessary:
RCW 36.58A.030.
80.01.010 Commission created—Appointment of
members—Terms—Vacancies—Removal—Salary. There
is hereby created and established a state commission to be
known and designated as the Washington utilities and
transportation commission, and in this chapter referred to as
the commission.
The commission shall be composed of three members
appointed by the governor, with the consent of the senate.
Not more than two members of said commission shall
belong to the same political party.
The members of the first commission to be appointed
after taking effect of this section shall be appointed for terms
beginning April 1, 1951, and expiring as follows: One
commissioner for the term expiring January 1, 1953; one
commissioner for the term expiring January 1, 1955; one
commissioner for the term expiring January 1, 1957. Each
of the commissioners shall hold office until his successor is
appointed and qualified. Upon the expiration of the terms of
the three commissioners first to be appointed as herein
provided, each succeeding commissioner shall be appointed
[Title 80 RCW—page 1]
80.01.010
Title 80 RCW: Public Utilities
and hold office for the term of six years. One of such
commissioners to be designated by the governor, shall,
during the term of the appointing governor, be the chairman
of the commission.
Each commissioner shall receive a salary as may be
fixed by the governor in accordance with the provisions of
RCW 43.03.040.
Any member of the commission may be removed for
inefficiency, malfeasance or misfeasance in office, upon
specific written charges filed by the governor, who shall
transmit such written charges to the member accused and to
the chief justice of the supreme court. The chief justice
shall thereupon designate a special tribunal composed of
three judges of the superior court to hear and adjudicate the
charges. Such tribunal shall fix the time, place and procedure for the hearing, and the hearing shall be public. The
decision of such tribunal shall be final and not subject to
review.
If the tribunal specified herein finds the charges of the
governor to be true, the governor shall have the right to
immediately remove the commissioner from office, to
declare the position of the commissioner vacant, and appoint
another commissioner to the position in accordance with the
provisions of the law.
Any vacancy arising in the office of commissioner shall
be filled by appointment by the governor, and an appointee
selected to fill such vacancy shall hold office for the balance
of the full term for which his predecessor on the commission
was appointed.
If a vacancy occurs while the senate is not in session,
the governor shall make a temporary appointment until the
next meeting of the senate, when he shall present to the
senate his nomination or nominations for the office to be
filled. [1961 c 307 § 4; 1961 c 14 § 80.01.010. Prior:
1955 c 340 § 7; 1951 c 260 § 1; 1949 c 117 § 1; Rem.
Supp. 1949 § 10964-115-1. Formerly RCW 43.53.010.]
80.01.020 Commissioners—Oath, bond, and qualifications—Persons excluded from office and employment.
Each commissioner shall, before entering upon the duties of
his office, take and subscribe the constitutional oath of
office, and furnish bond to the state in the sum of twenty
thousand dollars conditioned for the faithful discharge of the
duties of his office and for the proper accounting for all
funds that may come into his possession by virtue of his
office. Each commissioner shall be a qualified elector of
this state and no person in the employ of or holding any
official relation to any corporation or person, which corporation or person is subject in whole or in part to regulation by
the commission, and no person owning stocks or bonds of
any such corporation or who is in any manner pecuniarily
interested therein shall be appointed or hold the office of
commissioner or be appointed or employed by the commission: PROVIDED, That if any such person shall become
the owner of such stocks or bonds or become pecuniarily
interested in such corporation otherwise than voluntarily, he
shall within a reasonable time divest himself of such
ownership or interest, and failing to do so his office or
employment shall become vacant. [1961 c 14 § 80.01.020.
Prior: 1949 c 117 § 2; Rem. Supp. 1949 § 10964-115-2.
Formerly RCW 43.53.020 and 43.53.030.]
[Title 80 RCW—page 2]
80.01.030 Commission to employ secretary and
other assistants—Secretary’s duties—Deputies. The
commission shall appoint and employ a secretary and such
accounting, engineering, expert and clerical assistants, and
such other qualified assistants as may be necessary to carry
on the administrative work of the commission.
The secretary shall be the custodian of the commission’s
official seal, and shall keep full and accurate minutes of all
transactions, proceedings and determinations of the commission and perform such other duties as may be required by
the commission.
The commission may deputize one or more of its
assistants to perform, in the name of the commission, such
duties of the commission as it deems expedient. [1961 c 14
§ 80.01.030. Prior: 1949 c 117 § 4; 1934 c 267 §§ 2, 3, 5
and 6; Rem. Supp. 1949 § 10964-115-4 and Rem. Supp.
1945 §§ 10459-2, 10459-3, 10459-5, 10459-6; prior: compare prior laws as follows: 1955 c 340 § 7; 1951 c 260 § 1;
1949 c 117 §§ 1, 3, 8; 1945 c 267; 1935 c 8 § 1; 1921 c 7
§§ 25, 26; 1911 c 117. Formerly RCW 43.53.040.]
80.01.040 General powers and duties of commission. The utilities and transportation commission shall:
(1) Exercise all the powers and perform all the duties
prescribed therefor by this title and by Title 81 RCW, or by
any other law.
(2) Regulate in the public interest, as provided by the
public service laws, the rates, services, facilities, and
practices of all persons engaging in the transportation by
whatever means of persons or property within this state for
compensation, and related activities; including, but not
limited to, air transportation companies, auto transportation
companies, express companies, freight and freight line
companies, motor freight companies, motor transportation
agents, private car companies, railway companies, sleeping
car companies, steamboat companies, street railway companies, toll bridge companies, storage warehousemen, and
wharfingers and warehousemen.
(3) Regulate in the public interest, as provided by the
public service laws, the rates, services, facilities, and
practices of all persons engaging within this state in the
business of supplying any utility service or commodity to the
public for compensation, and related activities; including, but
not limited to, electrical companies, gas companies, irrigation
companies, telecommunications companies, and water
companies.
(4) Make such rules and regulations as may be necessary to carry out its other powers and duties. [1985 c 450
§ 10; 1961 c 14 § 80.01.040. Prior: (i) 1949 c 117 § 3;
Rem. Supp. 1949 § 10964-115-3. (ii) 1945 c 267 § 5; Rem.
Supp. 1945 § 10459-5. (iii) 1945 c 267 § 6; Rem. Supp.
1945 § 10459-6. Formerly RCW 43.53.050.]
Severability—Legislative review—1985 c 450: See RCW 80.36.900
and 80.36.901.
Flaggers—Safety standards: RCW 49.17.350.
80.01.050 Quorum—Hearings—Actions deemed
those of the commission. A majority of the commissioners
shall constitute a quorum for the transaction of any business,
for the performance of any duty, or for the exercise of any
power of the commission, and may hold hearings at any time
(2002 Ed.)
Utilities and Transportation Commission
or place within or without the state. Any investigation,
inquiry, or hearing which the commission has power to
undertake or to hold may be undertaken or held by or before
any commissioner or any employee designated and authorized by the commission as provided in RCW 80.01.060.
All investigations, inquiries, and hearings of the commission,
and all findings, orders, or decisions, made by a commissioner, when approved and confirmed by the commission
and filed in its office, shall be and be deemed to be the
orders or decisions of the commission. [1995 c 331 § 2;
1961 c 14 § 80.01.050. Prior: 1949 c 117 § 6; Rem. Supp.
1949 § 10964-115-6. Formerly RCW 43.53.060.]
80.01.060 Administrative law judges—Powers—
Designated persons for emergency adjudications. (1) The
commission may designate employees of the commission as
hearing examiners, administrative law judges, and review
judges when it deems such action necessary for its general
administration. The designated employees have power to administer oaths, to issue subpoenas for the attendance of
witnesses and the production of papers, waybills, books,
accounts, documents, and testimony, to examine witnesses,
and to receive testimony in any inquiry, investigation,
hearing, or proceeding in any part of the state, under such
rules as the commission may adopt.
(2) In general rate increase filings by a natural gas,
electric, or telecommunications company, the designated
employee may preside, but may not enter an initial order
unless expressly agreed to in writing by the company making
the filing. In all other cases, the designated employee may
enter an initial order including findings of fact and conclusions of law in accordance with RCW 34.05.461(1)(a) and
(c) and (3) through (9) or 34.05.485. RCW 34.05.461 (1)(b)
and (2) do not apply to entry of orders under this section.
The designated employee may not enter final orders, except
that the commission may designate persons by rule to
preside and enter final orders in emergency adjudications
under RCW 34.05.479.
(3) If the designated employee does not enter an initial
order as provided in subsection (2) of this section, then a
majority of the members of the commission who are to enter
the final order must hear or review substantially all of the
record submitted by any party. [1995 c 331 § 3; 1991 c 48
§ 1; 1981 c 67 § 35; 1961 c 14 § 80.01.060. Prior: 1925
ex.s. c 164 § 1; RRS § 10779-1. Formerly RCW 43.53.070.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
80.01.070 Joint investigations, hearings, orders.
The commission shall have full power to make joint or
concurrent investigations, hold joint or concurrent hearings,
and issue joint or concurrent orders in conjunction or
concurrence with any official, board, or commission of any
state or of the United States, whether in the holding of such
investigations or hearings or in the making of such orders
the commission functions under agreements or compacts
between states or under the concurrent power of states to
regulate interstate commerce or as an agency of the federal
government or otherwise. When necessary the commission
may hold such joint hearing or investigation outside the
(2002 Ed.)
80.01.050
state. [1961 c 14 § 80.01.070. Prior: 1949 c 117 § 7; Rem.
Supp. 1949 § 10964-115-7. Formerly RCW 43.53.080.]
80.01.075 Authority to initiate, participate in
federal administrative agency proceedings. The commission shall have the authority as petitioner, intervenor or
otherwise to initiate and/or participate in proceedings before
federal administrative agencies in which there is at issue the
authority, rates or practices for transportation or utility
services affecting the interests of the state of Washington, its
businesses and general public, and to do all things necessary
in its opinion to present to such federal administrative
agencies all facts bearing upon such issues, and to similarly
initiate and/or participate in any judicial proceedings relating
thereto. [1967 ex.s. c 49 § 1.]
80.01.080 Public service revolving fund. There is
created in the state treasury a public service revolving fund.
Regulatory fees payable by all types of public service
companies shall be deposited to the credit of the public
service revolving fund. Except for expenses payable out of
the pipeline safety account, all expense of operation of the
Washington utilities and transportation commission shall be
payable out of the public service revolving fund.
During the 2001-2003 fiscal biennium, the legislature
may transfer from the public service revolving fund to the
state general fund such amounts as reflect the appropriations
reductions made by the 2002 supplemental appropriations act
for administrative efficiencies and savings. [2002 c 371 §
924; 2001 c 238 § 8; 1961 c 14 § 80.01.080. Prior: 1949
c 117 § 11; Rem. Supp. 1949 § 10964-115-11. Formerly
RCW 43.53.090.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
80.01.090 Proceedings public records—Seal. All
proceedings of the commission and all documents and
records in its possession shall be public records, and it shall
adopt and use an official seal. [1998 c 245 § 163; 1987 c
505 § 77; 1977 c 75 § 91; 1961 c 14 § 80.01.090. Prior:
1949 c 117 § 5; Rem. Supp. 1949 § 10964-115-5. Formerly
RCW 43.53.100.]
80.01.100 Duties of attorney general. It shall be the
duty of the attorney general to represent and appear for the
people of the state of Washington and the commission in all
actions and proceedings involving any question under this
title or Title 81 RCW, or under or in reference to any act or
order of the commission; and it shall be the duty of the
attorney general generally to see that all laws affecting any
of the persons or corporations herein enumerated are
complied with, and that all laws, the enforcement of which
devolves upon the commission, are enforced, and to that end
he is authorized to institute, prosecute and defend all
necessary actions and proceedings. [1961 c 14 § 80.01.100.
Prior: 1911 c 117 § 5; RRS § 10341.]
80.01.110 Wholesale telecommunications services—
Commission authorized to review rates, terms, conditions.
[Title 80 RCW—page 3]
80.01.110
Title 80 RCW: Public Utilities
The commission is authorized to perform the duties required
by RCW 53.08.380 and 54.16.340. [2000 c 81 § 10.]
Findings—2000 c 81: See note following RCW 53.08.005.
80.01.300 Certain provisions not to detract from
commission powers, duties, and functions. Nothing
contained in the provisions of RCW 36.58A.010 through
36.58A.040 and 70.95.090 and this section shall detract from
the powers, duties, and functions given to the utilities and
transportation commission in chapter 81.77 RCW. [1971
ex.s. c 293 § 7.]
80.04.410
80.04.420
80.04.430
80.04.440
80.04.450
80.04.460
80.04.470
80.04.480
80.04.500
80.04.510
80.04.520
80.04.530
80.04.550
Chapter 80.04
REGULATIONS—GENERAL
Sections
80.04.010
80.04.015
80.04.020
80.04.030
80.04.040
80.04.050
80.04.060
80.04.070
80.04.075
80.04.080
80.04.090
80.04.095
80.04.100
80.04.110
80.04.120
80.04.130
80.04.140
80.04.150
80.04.160
80.04.170
80.04.180
80.04.190
80.04.200
80.04.210
80.04.220
80.04.230
80.04.240
80.04.250
80.04.260
80.04.270
80.04.280
80.04.290
80.04.300
80.04.310
80.04.320
80.04.330
80.04.350
80.04.360
80.04.380
80.04.385
80.04.387
80.04.390
80.04.400
80.04.405
Definitions.
Conduct of business subject to regulation—Determination by
commission.
Procedure before commission and courts.
Number of witnesses may be limited.
Witness fees and mileage.
Protection against self-incrimination.
Depositions—Service of process.
Inspection of books, papers, and documents.
Manner of serving papers.
Annual reports.
Forms of records to be prescribed.
Protection of records containing commercial information.
Production of out-of-state books and records.
Complaints—Hearings—Water systems not meeting board
of health standards—Drinking water standards—
Nonmunicipal water systems audits.
Hearing—Order—Record.
Suspension of tariff change—Mandatory measured telecommunications service—Washington telephone assistance
program service—Effect of abandonment of electrical
generation facility on which tax exemption for pollution
control equipment is claimed.
Order requiring joint action.
Remunerative rates cannot be changed without approval.
Rules and regulations.
Review of orders.
Supersedeas—Water companies seeking supersedeas.
Appellate review.
Rehearing before commission.
Commission may change orders.
Reparations.
Overcharges—Refund.
Action in court on reparations and overcharges.
Valuation of public service property.
Summary proceedings.
Merchandise accounts to be kept separate.
Purchase and sale of stock by employees.
Sales of stock to employees and customers.
Budgets to be filed by companies—Supplementary budgets.
Commission’s control over expenditures.
Budget rules.
Effect of unauthorized expenditure—Emergencies.
Depreciation and retirement accounts.
Earnings in excess of reasonable rate—Consideration in
fixing rates.
Penalties—Violations by public service companies.
Penalties—Violations by officers, agents, and employees of
public service companies.
Penalties—Violations by other corporations.
Penalties—Violations by persons.
Actions to recover penalties—Disposition of fines, penalties,
and forfeitures.
Additional penalties—Violations by public service companies and officers, agents, and employees thereof.
[Title 80 RCW—page 4]
Orders and rules conclusive.
Intervention by commission where order or rule is involved.
Findings of commission prima facie correct.
Companies liable for damages.
Certified copies of orders, rules, etc.—Evidentiary effect.
Investigation of accidents.
Commission to enforce public service laws—Employees as
peace officers.
Rights of action not released—Penalties cumulative.
Application to municipal utilities.
Duties of attorney general.
Approval of lease of utility facilities.
Local exchange company that serves less than two percent
of state’s access lines—Regulatory exemptions—
Reporting requirements.
Thermal energy—Restrictions on authority of commission.
80.04.010 Definitions. As used in this title, unless
specifically defined otherwise or unless the context indicates
otherwise:
"Automatic location identification" means a system by
which information about a caller’s location, including the
seven-digit number or ten-digit number used to place a 911
call or a different seven-digit number or ten-digit number to
which a return call can be made from the public switched
network, is forwarded to a public safety answering point for
display.
"Automatic number identification" means a system that
allows for the automatic display of the seven-digit or tendigit number used to place a 911 call.
"Commission" means the utilities and transportation
commission.
"Commissioner" means one of the members of such
commission.
"Competitive telecommunications company" means a
telecommunications company which has been classified as
such by the commission pursuant to RCW 80.36.320.
"Competitive telecommunications service" means a
service which has been classified as such by the commission
pursuant to RCW 80.36.330.
"Corporation" includes a corporation, company, association or joint stock association.
"Person" includes an individual, a firm or partnership.
"Gas plant" includes all real estate, fixtures and personal
property, owned, leased, controlled, used or to be used for or
in connection with the transmission, distribution, sale or
furnishing of natural gas, or the manufacture, transmission,
distribution, sale or furnishing of other type gas, for light,
heat or power.
"Gas company" includes every corporation, company,
association, joint stock association, partnership and person,
their lessees, trustees or receiver appointed by any court
whatsoever, and every city or town, owning, controlling,
operating or managing any gas plant within this state.
"Electric plant" includes all real estate, fixtures and
personal property operated, owned, used or to be used for or
in connection with or to facilitate the generation, transmission, distribution, sale or furnishing of electricity for light,
heat, or power for hire; and any conduits, ducts or other
devices, materials, apparatus or property for containing,
holding or carrying conductors used or to be used for the
transmission of electricity for light, heat or power.
"Electrical company" includes any corporation, company, association, joint stock association, partnership and
(2002 Ed.)
Regulations—General
person, their lessees, trustees or receivers appointed by any
court whatsoever (other than a railroad or street railroad
company generating electricity solely for railroad or street
railroad purposes or for the use of its tenants and not for sale
to others), and every city or town owning, operating or
managing any electric plant for hire within this state.
"Electrical company" does not include a company or person
employing a cogeneration facility solely for the generation
of electricity for its own use or the use of its tenants or for
sale to an electrical company, state or local public agency,
municipal corporation, or quasi municipal corporation
engaged in the sale or distribution of electrical energy, but
not for sale to others, unless such company or person is
otherwise an electrical company.
"LATA" means a local access transport area as defined
by the commission in conformance with applicable federal
law.
"Private telecommunications system" means a telecommunications system controlled by a person or entity for the
sole and exclusive use of such person, entity, or affiliate
thereof, including the provision of private shared telecommunications services by such person or entity. "Private telecommunications system" does not include a system offered
for hire, sale, or resale to the general public.
"Private shared telecommunications services" includes
the provision of telecommunications and information
management services and equipment within a user group located in discrete private premises in building complexes,
campuses, or high-rise buildings, by a commercial shared
services provider or by a user association, through privately
owned customer premises equipment and associated data
processing and information management services and
includes the provision of connections to the facilities of a
local exchange and to interexchange telecommunications
companies.
"Private switch automatic location identification service"
means a service that enables automatic location identification
to be provided to a public safety answering point for 911
calls originating from station lines served by a private switch
system.
"Radio communications service company" includes
every corporation, company, association, joint stock association, partnership, and person, their lessees, trustees, or
receivers appointed by any court, and every city or town
making available facilities to provide radio communications
service, radio paging, or cellular communications service for
hire, sale, or resale.
"Telecommunications company" includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed
by any court whatsoever, and every city or town owning,
operating or managing any facilities used to provide telecommunications for hire, sale, or resale to the general public
within this state.
"Noncompetitive telecommunications service" means
any service which has not been classified as competitive by
the commission.
"Facilities" means lines, conduits, ducts, poles, wires,
cables, cross-arms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, real
estate, easements, apparatus, property and routes used,
operated, owned or controlled by any telecommunications
(2002 Ed.)
80.04.010
company to facilitate the provision of telecommunications
service.
"Telecommunications" is the transmission of information by wire, radio, optical cable, electromagnetic, or other
similar means. As used in this definition, "information"
means knowledge or intelligence represented by any form of
writing, signs, signals, pictures, sounds, or any other symbols.
"Water system" includes all real estate, easements,
fixtures, personal property, dams, dikes, head gates, weirs,
canals, reservoirs, flumes or other structures or appliances
operated, owned, used or to be used for or in connection
with or to facilitate the supply, storage, distribution, sale,
furnishing, diversion, carriage, apportionment or measurement of water for power, irrigation, reclamation, manufacturing, municipal, domestic or other beneficial uses for hire.
"Water company" includes every corporation, company,
association, joint stock association, partnership and person,
their lessees, trustees or receivers appointed by any court
whatsoever, and every city or town owning, controlling,
operating, or managing any water system for hire within this
state: PROVIDED, That for purposes of commission
jurisdiction it shall not include any water system serving less
than one hundred customers where the average annual gross
revenue per customer does not exceed three hundred dollars
per year, which revenue figure may be increased annually by
the commission by rule adopted pursuant to chapter 34.05
RCW to reflect the rate of inflation as determined by the
implicit price deflator of the United States department of
commerce: AND PROVIDED FURTHER, That such
measurement of customers or revenues shall include all
portions of water companies having common ownership or
control, regardless of location or corporate designation.
"Control" as used herein shall be defined by the commission
by rule and shall not include management by a satellite
agency as defined in chapter 70.116 RCW if the satellite
agency is not an owner of the water company. "Water
company" also includes, for auditing purposes only,
nonmunicipal water systems which are referred to the
commission pursuant to an administrative order from the
department, or the city or county as provided in RCW
80.04.110. However, water companies exempt from commission regulation shall be subject to the provisions of
chapter 19.86 RCW. A water company cannot be removed
from regulation except with the approval of the commission.
Water companies subject to regulation may petition the
commission for removal from regulation if the number of
customers falls below one hundred or the average annual
revenue per customer falls below three hundred dollars. The
commission is authorized to maintain continued regulation if
it finds that the public interest so requires.
"Cogeneration facility" means any machinery, equipment, structure, process, or property, or any part thereof,
installed or acquired for the primary purpose of the sequential generation of electrical or mechanical power and useful
heat from the same primary energy source or fuel.
"Public service company" includes every gas company,
electrical company, telecommunications company, and water
company. Ownership or operation of a cogeneration facility
does not, by itself, make a company or person a public service company.
[Title 80 RCW—page 5]
80.04.010
Title 80 RCW: Public Utilities
"Local exchange company" means a telecommunications
company providing local exchange telecommunications
service.
"Department" means the department of health.
The term "service" is used in this title in its broadest
and most inclusive sense. [1995 c 243 § 2; 1991 c 100 § 1;
1989 c 101 § 2; 1987 c 229 § 1. Prior: 1985 c 450 § 2;
1985 c 167 § 1; 1985 c 161 § 1; 1979 ex.s. c 191 § 10;
1977 ex.s. c 47 § 1; 1963 c 59 § 1; 1961 c 14 § 80.04.010;
prior: 1955 c 316 § 2; prior: 1929 c 223 § 1, part; 1923 c
116 § 1, part; 1911 c 117 § 8, part; RRS § 10344, part.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
Severability—Legislative review—1985 c 450: See RCW 80.36.900
and 80.36.901.
Severability—1979 ex.s. c 191: See RCW 82.35.900.
80.04.015 Conduct of business subject to regulation—Determination by commission. Whether or not any
person or corporation is conducting business subject to
regulation under this title, or has performed or is performing
any act requiring registration or approval of the commission
without securing such registration or approval, shall be a
question of fact to be determined by the commission.
Whenever the commission believes that any person or corporation is engaged in any activity without first complying with
the requirements of this title, it may institute a special
proceeding requiring such person or corporation to appear
before the commission at a location convenient for witnesses
and the production of evidence and produce information,
books, records, accounts, and other memoranda, and give
testimony under oath as to the activities being conducted.
The commission may consider any and all facts that may
indicate the true nature and extent of the operations or acts
and may subpoena such witnesses and documents as it
deems necessary.
After investigation, the commission is authorized and
directed to issue the necessary order or orders declaring the
activities to be subject to, or not subject to, the provisions of
this title. In the event the activities are found to be subject
to the provisions of this title, the commission shall issue
such orders as may be necessary to require all parties involved in the activities to comply with this title, and with
respect to services found to be reasonably available from
alternative sources, to issue orders to cease and desist from
providing jurisdictional services pending full compliance.
In proceedings under this section, no person or corporation may be excused from testifying or from producing any
information, book, document, paper, or account before the
commission when ordered to do so, on the ground that the
testimony or evidence, information, book, document, or
account required may tend to incriminate him or her or
subject him or her to penalty or forfeiture specified in this
title; but no person or corporation may be prosecuted,
punished, or subjected to any penalty or forfeiture specified
in this title for or on account of any account, transaction,
matter, or thing concerning which he or she shall under oath
have testified or produced documentary evidence in proceedings under this section: PROVIDED, That no person so
testifying may be exempt from prosecution or punishment
for any perjury committed by him or her in such testimony:
[Title 80 RCW—page 6]
PROVIDED FURTHER, That the exemption from prosecution in this section extends only to violations of this title.
Until July 1, 1994, in any proceeding instituted under
this section to determine whether a person or corporation
owning, controlling, operating, or managing a water system
is subject to commission regulation, and where the person or
corporation has failed or refused to provide sufficient information or documentation to enable the commission to
make such a determination, the burden shall be on such
person or corporation to prove that the person’s or
corporation’s operations or acts are not subject to commission regulation. [1991 c 101 § 1; 1986 c 11 § 1.]
80.04.020 Procedure before commission and courts.
Each commissioner shall have power to administer oaths,
certify to all official acts, and to issue subpoenas for the
attendance of witnesses and the production of papers, books,
accounts, documents and testimony in any inquiry, investigation, hearing or proceeding in any part of the state.
The superior court of the county in which any such
inquiry, investigation, hearing or proceeding may be had,
shall have power to compel the attendance of witnesses and
the production of papers, books, accounts, documents and
testimony as required by such subpoena. The commission
or the commissioner before which the testimony is to be
given or produced, in case of the refusal of any witness to
attend or testify or produce any papers required by the
subpoena, shall report to the superior court in and for the
county in which the proceeding is pending by petition,
setting forth that due notice has been given of the time and
place of attendance of said witnesses, or the production of
said papers, and that the witness has been summoned in the
manner prescribed in this chapter, and that the fees and
mileage of the witness have been paid or tendered to the
witness for his attendance and testimony, and that the
witness has failed and refused to attend or produce the
papers required by the subpoena, before the commission, in
the cause or proceedings named in the notice and subpoena,
or has refused to answer questions propounded to him in the
course of such proceeding, and ask an order of said court,
compelling the witness to attend and testify before the
commission. The court, upon the petition of the commission, shall enter an order directing the witness to appear
before said court at a time and place to be fixed by the court
in such order, and then and there show cause why he has not
responded to said subpoena. A copy of said order shall be
served upon said witness. If it shall appear to the court that
said subpoena was regularly issued by the commission, the
court shall thereupon enter an order that said witness appear
before the commission at said time and place as fixed in said
order, and testify or produce the required papers, and upon
failing to obey said order, said witness shall be dealt with as
for contempt of court. [1961 c 14 § 80.04.020. Prior: 1911
c 117 § 75, part; RRS § 10413, part.]
80.04.030 Number of witnesses may be limited. In
all proceedings before the commission the commission shall
have the right, in their discretion, to limit the number of
witnesses testifying upon any subject or proceeding to be
inquired of before the commission. [1961 c 14 § 80.04.030.
Prior: 1911 c 117 § 75, part; RRS § 10413, part.]
(2002 Ed.)
Regulations—General
80.04.040 Witness fees and mileage. Each witness
who shall appear under subpoena shall receive for his
attendance four dollars per day and ten cents per mile
traveled by the nearest practicable route in going to and
returning from the place of hearing. No witness shall be
entitled to fees or mileage from the state when summoned at
the instance of the public service companies affected. [1961
c 14 § 80.04.040. Prior: 1955 c 79 § 1; 1911 c 117 § 76,
part; RRS 10414, part.]
80.04.050 Protection against self-incrimination. The
claim by any witness that any testimony sought to be elicited
may tend to incriminate him shall not excuse such witness
from testifying, but such evidence or testimony shall not be
used against such person on the trial of any criminal proceeding, excepting in a prosecution for perjury. The
commissioner shall have power to compel the attendance of
witnesses at any place within the state. [1961 c 14 §
80.04.050. Prior: 1911 c 117 § 76, part; RRS 10414, part.]
Powers of each commissioner to compel attendance of witnesses: RCW
80.04.020.
80.04.060 Depositions—Service of process. The
commission shall have the right to take the testimony of any
witness by deposition, and for that purpose the attendance of
witnesses and the production of books, documents, papers
and accounts may be enforced in the same manner as in the
case of hearings before the commission, or any member
thereof. Process issued under the provisions of this chapter
shall be served as in civil cases. [1961 c 14 § 80.04.060.
Prior: 1911 c 117 § 76, part; RRS § 10414, part.]
80.04.070 Inspection of books, papers, and documents. The commission and each commissioner, or any
person employed by the commission, shall have the right, at
any and all times, to inspect the accounts, books, papers and
documents of any public service company, and the commission, or any commissioner, may examine under oath any
officer, agent or employee of such public service company
in relation thereto, and with reference to the affairs of such
company: PROVIDED, That any person other than a
commissioner who shall make any such demand shall
produce his authority from the commission to make such
inspection. [1961 c 14 § 80.04.070. Prior: 1911 c 117 §
77; RRS § 10415.]
80.04.075 Manner of serving papers. All notices,
applications, complaints, findings of fact, opinions and orders
required by this title to be served may be served by mail and
service thereof shall be deemed complete when a true copy
of such paper or document is deposited in the post office
properly addressed and stamped. [1961 c 14 § 80.04.075.
Prior: 1933 c 165 § 7; RRS § 10458-1. Formerly RCW
80.04.370.]
80.04.080 Annual reports. Every public service
company shall annually furnish to the commission a report
in such form as the commission may require, and shall
specifically answer all questions propounded to it by the
commission, upon or concerning which the commission may
need information. Such annual reports shall show in detail
(2002 Ed.)
80.04.040
the amount of capital stock issued, the amounts paid therefor
and the manner of payment for same, the dividends paid, the
surplus fund, if any, and the number of stockholders, the
funded and floating debts and the interest paid thereon, the
cost and value of the company’s property, franchises and
equipment, the number of employees and the salaries paid
each class, the accidents to employees and other persons and
the cost thereof, the amounts expended for improvements
each year, how expended and the character of such improvements, the earnings or receipts from each franchise or
business and from all sources, the proportion thereof earned
from business moving wholly within the state and the
proportion earned from interstate business, the operating and
other expenses and the proportion of such expense incurred
in transacting business wholly within the state, and proportion incurred in transacting interstate business, such
division to be shown according to such rules of division as
the commission may prescribe, the balances of profit and
loss, and a complete exhibit of the financial operations of the
company each year, including an annual balance sheet. Such
report shall also contain such information in relation to rates,
charges or regulations concerning charges, or agreements,
arrangements or contracts affecting the same, as the commission may require; and the commission may, in its discretion,
for the purpose of enabling it the better to carry out the
provisions of this title, prescribe the period of time within
which all public service companies subject to the provisions
of this title shall have, as near as may be, a uniform system
of accounts, and the manner in which such accounts shall be
kept. Such detailed report shall contain all the required
statistics for the period of twelve months ending on the last
day of any particular month prescribed by the commission
for any public service company. Such reports shall be made
out under oath and filed with the commission at its office in
Olympia on such date as the commission specifies by rule,
unless additional time be granted in any case by the commission. The commission shall have authority to require any
public service company to file monthly reports of earnings
and expenses, and to file periodical or special, or both
periodical and special, reports concerning any matter about
which the commission is authorized or required by this or
any other law, to inquire into or keep itself informed about,
or which it is required to enforce, such periodical or special
reports to be under oath whenever the commission so
requires. [1989 c 107 § 1; 1961 c 14 § 80.04.080. Prior:
1911 c 117 § 78, part; RRS § 10416, part.]
80.04.090 Forms of records to be prescribed. The
commission may, in its discretion, prescribe the forms of any
and all accounts, records and memoranda to be kept by
public service companies, including the accounts, records
and memoranda of the movement of traffic, sales of its
product, the receipts and expenditures of money. The
commission shall at all times have access to all accounts,
records and memoranda kept by public service companies,
and may employ special agents or examiners, who shall have
power to administer oaths and authority, under the order of
the commission, to examine witnesses and to inspect and
examine any and all accounts, records and memoranda kept
by such companies. The commission may, in its discretion,
prescribe the forms of any and all reports, accounts, records
[Title 80 RCW—page 7]
80.04.090
Title 80 RCW: Public Utilities
and memoranda to be furnished and kept by any public service company whose line or lines extend beyond the limits
of this state, which are operated partly within and partly
without the state, so that the same shall show any information required by the commission concerning the traffic
movement, receipts and expenditures appertaining to those
parts of the line within the state. [1961 c 14 § 80.04.090.
Prior: 1911 c 117 § 78, part; RRS § 10416, part.]
80.04.095 Protection of records containing commercial information. Records, subject to chapter 42.17 RCW,
filed with the commission or the attorney general from any
person which contain valuable commercial information, including trade secrets or confidential marketing, cost, or
financial information, or customer-specific usage and
network configuration and design information, shall not be
subject to inspection or copying under chapter 42.17 RCW:
(1) Until notice to the person or persons directly affected has
been given; and (2) if, within ten days of the notice, the
person has obtained a superior court order protecting the
records as confidential. The court shall determine that the
records are confidential and not subject to inspection and
copying if disclosure would result in private loss, including
an unfair competitive disadvantage. When providing information to the commission or the attorney general, a
person shall designate which records or portions of records
contain valuable commercial information. Nothing in this
section shall prevent the use of protective orders by the
commission governing disclosure of proprietary or confidential information in contested proceedings. [1987 c 107 § 1.]
80.04.100 Production of out-of-state books and
records. The commission may by order with or without
hearing require the production within this state, at such time
and place as it may designate, of any books, accounts,
papers or records kept by any public service company in any
office or place without this state, or at the option of the
company verified copies thereof, so that an examination
thereof may be made by the commission or under its
direction. [1961 c 14 § 80.04.100. Prior: 1933 c 165 § 2;
1911 c 117 § 79; RRS § 10421.]
80.04.110 Complaints—Hearings—Water systems
not meeting board of health standards—Drinking water
standards—Nonmunicipal water systems audits. (1)
Complaint may be made by the commission of its own
motion or by any person or corporation, chamber of commerce, board of trade, or any commercial, mercantile,
agricultural or manufacturing society, or any body politic or
municipal corporation, or by the public counsel section of
the office of the attorney general, or its successor, by
petition or complaint in writing, setting forth any act or thing
done or omitted to be done by any public service corporation
in violation, or claimed to be in violation, of any provision
of law or of any order or rule of the commission: PROVIDED, That no complaint shall be entertained by the commission except upon its own motion, as to the reasonableness of
the schedule of the rates or charges of any gas company,
electrical company, water company, or telecommunications
company, unless the same be signed by the mayor, council
or commission of the city or town in which the company
[Title 80 RCW—page 8]
complained of is engaged in business, or not less than
twenty-five consumers or purchasers of such gas, electricity,
water or telecommunications service, or at least twenty-five
percent of the consumers or purchasers of the company’s
service: PROVIDED, FURTHER, That when two or more
public service corporations, (meaning to exclude municipal
and other public corporations) are engaged in competition in
any locality or localities in the state, either may make complaint against the other or others that the rates, charges,
rules, regulations or practices of such other or others with or
in respect to which the complainant is in competition, are
unreasonable, unremunerative, discriminatory, illegal, unfair
or intending or tending to oppress the complainant, to stifle
competition, or to create or encourage the creation of
monopoly, and upon such complaint or upon complaint of
the commission upon its own motion, the commission shall
have power, after notice and hearing as in other cases, to, by
its order, subject to appeal as in other cases, correct the
abuse complained of by establishing such uniform rates,
charges, rules, regulations or practices in lieu of those
complained of, to be observed by all of such competing
public service corporations in the locality or localities
specified as shall be found reasonable, remunerative,
nondiscriminatory, legal, and fair or tending to prevent
oppression or monopoly or to encourage competition, and
upon any such hearing it shall be proper for the commission
to take into consideration the rates, charges, rules, regulations and practices of the public service corporation or
corporations complained of in any other locality or localities
in the state.
(2) All matters upon which complaint may be founded
may be joined in one hearing, and no motion shall be
entertained against a complaint for misjoinder of complaints
or grievances or misjoinder of parties; and in any review of
the courts of orders of the commission the same rule shall
apply and pertain with regard to the joinder of complaints
and parties as herein provided: PROVIDED, All grievances
to be inquired into shall be plainly set forth in the complaint.
No complaint shall be dismissed because of the absence of
direct damage to the complainant.
(3) Upon the filing of a complaint, the commission shall
cause a copy thereof to be served upon the person or
corporation complained of, which shall be accompanied by
a notice fixing the time when and place where a hearing will
be had upon such complaint. The time fixed for such
hearing shall not be less than ten days after the date of the
service of such notice and complaint, excepting as herein
provided. The commission shall enter its final order with
respect to a complaint filed by any entity or person other
than the commission within ten months from the date of
filing of the complaint, unless the date is extended for cause.
Rules of practice and procedure not otherwise provided for
in this title may be prescribed by the commission. Such
rules may include the requirement that a complainant use
informal processes before filing a formal complaint.
(4) The commission shall, as appropriate, audit a
nonmunicipal water system upon receipt of an administrative
order from the department, or the city or county in which the
water system is located, finding that the water delivered by
a system does not meet state board of health standards
adopted under RCW 43.20.050(2)(a) or standards adopted
under chapters 70.116 and 70.119A RCW, and the results of
(2002 Ed.)
Regulations—General
the audit shall be provided to the requesting department, city,
or county. However, the number of nonmunicipal water
systems referred to the commission in any one calendar year
shall not exceed twenty percent of the water companies
subject to commission regulation as defined in RCW
80.04.010.
Every nonmunicipal water system referred to the
commission for audit under this section shall pay to the
commission an audit fee in an amount, based on the
system’s twelve-month audited period, equal to the fee
required to be paid by regulated companies under RCW
80.24.010.
(5) Any customer or purchaser of service from a water
system or company that is subject to commission regulation
may file a complaint with the commission if he or she has
reason to believe that the water delivered by the system to
the customer does not meet state drinking water standards
under chapter 43.20 or 70.116 RCW. The commission shall
investigate such a complaint, and shall request that the state
department of health or local health department of the county
in which the system is located test the water for compliance
with state drinking water standards, and provide the results
of such testing to the commission. The commission may
decide not to investigate the complaint if it determines that
the complaint has been filed in bad faith, or for the purpose
of harassment of the water system or company, or for other
reasons has no substantial merit. The water system or
company shall bear the expense for the testing. After the
commission has received the complaint from the customer
and during the pendency of the commission investigation, the
water system or company shall not take any steps to terminate service to the customer or to collect any amounts
alleged to be owed to the company by the customer. The
commission may issue an order or take any other action to
ensure that no such steps are taken by the system or company. The customer may, at the customer’s option and
expense, obtain a water quality test by a licensed or otherwise qualified water testing laboratory, of the water delivered
to the customer by the water system or company, and
provide the results of such a test to the commission. If the
commission determines that the water does not meet state
drinking water standards, it shall exercise its authority over
the system or company as provided in this title, and may,
where appropriate, order a refund to the customer on a pro
rata basis for the substandard water delivered to the customer, and shall order reimbursement to the customer for the
cost incurred by the customer, if any, in obtaining a water
quality test. [1995 c 376 § 12. Prior: 1991 c 134 § 1; 1991
c 100 § 2; prior: 1989 c 207 § 2; 1989 c 101 § 17; 1985 c
450 § 11; 1961 c 14 § 80.04.110; prior: 1913 c 145 § 1;
1911 c 117 § 80; RRS § 10422.]
Findings—1995 c 376: See note following RCW 70.116.060.
Severability—Legislative review—1985 c 450: See RCW 80.36.900
and 80.36.901.
Drinking water standards: Chapters 43.21A, 70.119A, and 80.28 RCW.
80.04.120 Hearing—Order—Record. At the time
fixed for the hearing mentioned in RCW 80.04.110, the
complainant and the person or corporation complained of
shall be entitled to be heard and introduce such evidence as
he or it may desire. The commission shall issue process to
(2002 Ed.)
80.04.110
enforce the attendance of all necessary witnesses. At the
conclusion of such hearing the commission shall make and
render findings concerning the subject matter and facts
inquired into and enter its order based thereon. A copy of
such order, certified under the seal of the commission, shall
be served upon the person or corporation complained of, or
his or its attorney, which order shall, of its own force, take
effect and become operative twenty days after the service
thereof, except as otherwise provided. Where an order
cannot, in the judgment of the commission, be complied with
within twenty days, the commission may prescribe such
additional time as in its judgment is reasonably necessary to
comply with the order, and may, on application and for good
cause shown, extend the time for compliance fixed in its
order. A full and complete record of all proceedings had
before the commission, or any member thereof, on any
formal hearing had, and all testimony shall be taken down by
a stenographer appointed by the commission, and the parties
shall be entitled to be heard in person or by attorney. In
case of an action to review any order of the commission, a
transcript of such testimony, together with all exhibits
introduced, and of the record and proceedings in the cause,
shall constitute the record of the commission. [1961 c 14 §
80.04.120. Prior: 1911 c 117 § 81; RRS § 10423.]
80.04.130 Suspension of tariff change—Mandatory
measured telecommunications service—Washington
telephone assistance program service—Effect of abandonment of electrical generation facility on which tax
exemption for pollution control equipment is claimed. (1)
Whenever any public service company shall file with the
commission any schedule, classification, rule or regulation,
the effect of which is to change any rate, charge, rental or
toll theretofore charged, the commission shall have power,
either upon its own motion or upon complaint, upon notice,
to enter upon a hearing concerning such proposed change
and the reasonableness and justness thereof, and pending
such hearing and the decision thereon the commission may
suspend the operation of such rate, charge, rental or toll for
a period not exceeding ten months from the time the same
would otherwise go into effect, and after a full hearing the
commission may make such order in reference thereto as
would be provided in a hearing initiated after the same had
become effective. The commission shall not suspend a tariff
that makes a decrease in a rate, charge, rental, or toll filed
by a telecommunications company pending investigation of
the fairness, justness, and reasonableness of the decrease
when the filing does not contain any offsetting increase to
another rate, charge, rental, or toll and the filing company
agrees to not file for an increase to any rate, charge, rental,
or toll to recover the revenue deficit that results from the
decrease for a period of one year. The filing company shall
file with any decrease sufficient information as the commission by rule may require to demonstrate the decreased rate,
charge, rental, or toll is above the long run incremental cost
of the service. A tariff decrease that results in a rate that is
below long run incremental cost, or is contrary to commission rule or order, or the requirements of this chapter, shall
be rejected for filing and returned to the company. The
commission may prescribe a different rate to be effective on
the prospective date stated in its final order after its investi[Title 80 RCW—page 9]
80.04.130
Title 80 RCW: Public Utilities
gation, if it concludes based on the record that the originally
filed and effective rate is unjust, unfair, or unreasonable.
For the purposes of this section, tariffs for the following
telecommunications services, that temporarily waive or
reduce charges for existing or new subscribers for a period
not to exceed sixty days in order to promote the use of the
services shall be considered tariffs that decrease rates,
charges, rentals, or tolls:
(a) Custom calling service;
(b) Second access lines; or
(c) Other services the commission specifies by rule.
The commission may suspend any promotional tariff
other than those listed in (a) through (c) of this subsection.
The commission may suspend the initial tariff filing of
any water company removed from and later subject to
commission jurisdiction because of the number of customers
or the average annual gross revenue per customer provisions
of RCW 80.04.010. The commission may allow temporary
rates during the suspension period. These rates shall not
exceed the rates charged when the company was last regulated. Upon a showing of good cause by the company, the
commission may establish a different level of temporary
rates.
(2) At any hearing involving any change in any schedule, classification, rule or regulation the effect of which is to
increase any rate, charge, rental or toll theretofore charged,
the burden of proof to show that such increase is just and
reasonable shall be upon the public service company.
(3) The implementation of mandatory local measured
telecommunications service is a major policy change in
available telecommunications service. The commission shall
not accept for filing a price list, nor shall it accept for filing
or approve, prior to June 1, 2004, a tariff filed by a telecommunications company which imposes mandatory local
measured service on any customer or class of customers,
except that, upon finding that it is in the public interest, the
commission may accept for filing a price list or it may
accept for filing and approve a tariff that imposes mandatory
measured service for a telecommunications company’s
extended area service or foreign exchange service. This
subsection does not apply to land, air, or marine mobile
service, or to pay telephone service, or to any service which
has been traditionally offered on a measured service basis.
(4) The implementation of Washington telephone
assistance program service is a major policy change in
available telecommunications service. The implementation
of Washington telephone assistance program service will aid
in achieving the stated goal of universal telephone service.
(5) If a utility claims a sales or use tax exemption on
the pollution control equipment for an electrical generation
facility and abandons the generation facility before the
pollution control equipment is fully depreciated, any tariff
filing for a rate increase to recover abandonment costs for
the pollution control equipment shall be considered unjust
and unreasonable for the purposes of this section. [2001 c
267 § 1; 1998 c 110 § 1; 1997 c 368 § 14; 1993 c 311 § 1;
1992 c 68 § 1; 1990 c 170 § 1; 1989 c 101 § 13. Prior:
1987 c 333 § 1; 1987 c 229 § 2; prior: 1985 c 450 § 12;
1985 c 206 § 1; 1985 c 161 § 2; 1984 c 3 § 2; 1961 c 14 §
80.04.130; prior: 1941 c 162 § 1; 1937 c 169 § 2; 1933 c
165 § 3; 1915 c 133 § 1; 1911 c 117 § 82; Rem. Supp. 1941
§ 10424.]
[Title 80 RCW—page 10]
Effective date—2001 c 267: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 11, 2001]." [2001 c 267 § 2.]
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
Effective date—1993 c 311: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 12, 1993]." [1993 c 311 § 2.]
Effective date—1987 c 333: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 1,
1987." [1987 c 333 § 2.]
Severability—Legislative review—1985 c 450: See RCW 80.36.900
and 80.36.901.
80.04.140 Order requiring joint action. Whenever
any order of the commission shall require joint action by two
or more public service companies, such order shall specify
that the same shall be made at their joint cost, and the
companies affected shall have thirty days, or such further
time, as the commission may prescribe, within which to
agree upon the part or division of cost which each shall bear,
and costs of operation and maintenance in the future, or the
proportion of charges or revenue each shall receive from
such joint service and the rules to govern future operations.
If at the expiration of such time such companies shall fail to
file with the commission a statement that an agreement has
been made for the division or apportionment of such cost,
the division of costs of operation and maintenance to be
incurred in the future and the proportion of charges or
revenue each shall receive from such joint service and the
rules to govern future operations, the commission shall have
authority, after further hearing, to enter a supplemental order
fixing the proportion of such cost or expense to be borne by
each company, and the manner in which the same shall be
paid and secured. [1961 c 14 § 80.04.140. Prior: 1911 c
117 § 83; RRS § 10425.]
80.04.150 Remunerative rates cannot be changed
without approval. Whenever the commission shall find,
after hearing had upon its own motion or upon complaint as
herein provided, that any rate, toll, rental or charge which
has been the subject of complaint and inquiry is sufficiently
remunerative to the public service company affected thereby,
it may order that such rate, toll, rental or charge shall not be
changed, altered, abrogated or discontinued, nor shall there
be any change in the classification which will change or alter
such rate, toll, rental or charge without first obtaining the
consent of the commission authorizing such change to be
made. [1961 c 14 § 80.04.150. Prior: 1911 c 117 § 84;
RRS § 10426.]
80.04.160 Rules and regulations. The commission is
hereby authorized and empowered to adopt, promulgate and
issue rules and regulations covering the transmission and
delivery of messages and conversations, and the furnishing
and supply of gas, electricity and water, and any and all
services concerning the same, or connected therewith; and
generally such rules as pertain to the comfort and convenience of the public concerning the subjects treated of in
this title. Such rules and regulations shall be promulgated
(2002 Ed.)
Regulations—General
and issued by the commission on its own motion, and shall
be served on the public service company affected thereby as
other orders of the commission are served. Any public
service company affected thereby, and deeming such rules
and regulations, or any of them, improper, unjust, unreasonable, or contrary to law, may within twenty days from the
date of service of such order upon it file objections thereto
with the commission, specifying the particular grounds of
such objections. The commission shall, upon receipt of such
objections, fix a time and place for hearing the same, and
after a full hearing may make such changes or modifications
thereto, if any, as the evidence may justify. The commission
shall have, and it is hereby given, power to adopt rules to
govern its proceedings, and to regulate the mode and manner
of all investigations and hearings: PROVIDED, No person
desiring to be present at such hearing shall be denied
permission. Actions may be instituted to review rules and
regulations promulgated under this section as in the case of
orders of the commission. [1961 c 14 § 80.04.160. Prior:
1911 c 117 § 85; RRS § 10427.]
80.04.170 Review of orders. Any complainant or any
public service company affected by any findings or order of
the commission, and deeming such findings or order to be
contrary to law, may, within thirty days after the service of
the findings or order upon him or it, apply to the superior
court of Thurston county for a writ of review, for the
purpose of having the reasonableness and lawfulness of such
findings or order inquired into and determined. Such writ
shall be made returnable not later than thirty days from and
after the date of the issuance thereof, unless upon notice to
all parties affected further time be allowed by the court, and
shall direct the commission to certify its record in the case
to the court. Such cause shall be heard by the court without
the intervention of a jury on the evidence and exhibits
introduced before the commission and certified to by it.
Upon such hearing the superior court shall enter judgment
either affirming or setting aside or remanding for further
action the findings or order of the commission under review.
The reasonable cost of preparing the transcript of testimony
taken before the commission shall be assessable as part of
the statutory court costs, and the amount thereof, if collected
by the commission, shall be deposited in the public service
revolving fund. In case such findings or order be set aside,
or reversed and remanded, the court shall make specific
findings based upon evidence in the record indicating clearly
all respects in which the commission’s findings or order are
erroneous. [1961 c 14 § 80.04.170. Prior: 1937 c 169 § 3;
1911 c 117 § 86; RRS § 10428.]
80.04.180 Supersedeas—Water companies seeking
supersedeas. (1) The pendency of any writ of review shall
not of itself stay or suspend the operation of the order of the
commission, but the superior court in its discretion may
restrain or suspend, in whole or in part, the operation of the
commission’s order pending the final hearing and determination of the suit.
(2) No order so restraining or suspending an order of
the commission relating to rates, charges, tolls or rentals, or
rules or regulations, practices, classifications or contracts
affecting the same, shall be made by the superior court
(2002 Ed.)
80.04.160
otherwise than upon three days’ notice and after hearing. If
a supersedeas is granted the order granting the same shall
contain a specific finding, based upon evidence submitted to
the court making the order, and identified by reference
thereto, that great or irreparable damage would otherwise
result to the petitioner, and specifying the nature of the
damage. A water company seeking a supersedeas must
demonstrate to the court that it is in compliance with the
state board of health standards adopted pursuant to RCW
43.20.050 and chapter 70.116 RCW relating to the purity,
volume, and pressure of water.
(3) In case the order of the commission under review is
superseded by the court, it shall require a bond, with good
and sufficient surety, conditioned that such company petitioning for such review shall answer for all damages caused
by the delay in the enforcement of the order of the commission, and all compensation for whatever sums for transmission or service any person or corporation shall be compelled
to pay pending the review proceedings in excess of the sum
such person or corporations would have been compelled to
pay if the order of the commission had not been suspended.
(4) The court may, in addition to or in lieu of the bond
herein provided for, require such other or further security for
the payment of such excess charges or damages as it may
deem proper. [1989 c 207 § 3; 1961 c 14 § 80.04.180.
Prior: 1933 c 165 § 6; prior: 1931 c 119 § 2; 1911 c 117
§ 87; RRS § 10429.]
80.04.190 Appellate review. The commission, any
public service company or any complainant may, after the
entry of judgment in the superior court in any action of
review, seek appellate review as in other cases. [1988 c 202
§ 60; 1971 ex.s. c 107 § 4; 1961 c 14 § 80.04.190. Prior:
1911 c 117 § 88; RRS § 10430.]
Rules of court: Cf. RAP 2.2.
Severability—1988 c 202: See note following RCW 2.24.050.
80.04.200 Rehearing before commission. Any public
service company affected by any order of the commission,
and deeming itself aggrieved, may, after the expiration of
two years from the date of such order taking effect, petition
the commission for a rehearing upon the matters involved in
such order, setting forth in such petition the grounds and
reasons for such rehearing, which grounds and reasons may
comprise and consist of changed conditions since the
issuance of such order, or by showing a result injuriously
affecting the petitioner which was not considered or anticipated at the former hearing, or that the effect of such order
has been such as was not contemplated by the commission
or the petitioner, or for any good and sufficient cause which
for any reason was not considered and determined in such
former hearing. Upon the filing of such petition, such
proceedings shall be had thereon as are provided for hearings
upon complaint, and such orders may be reviewed as are
other orders of the commission: PROVIDED, That no order
superseding the order of the commission denying such
rehearing shall be granted by the court pending the review.
In case any order of the commission shall not be reviewed,
but shall be complied with by the public service company,
such petition for rehearing may be filed within six months
from and after the date of the taking effect of such order,
[Title 80 RCW—page 11]
80.04.200
Title 80 RCW: Public Utilities
and the proceedings thereon shall be as in this section
provided. The commission, may, in its discretion, permit the
filing of a petition for rehearing at any time. No order of
the commission upon a rehearing shall affect any right of
action or penalty accruing under the original order unless so
ordered by the commission. [1961 c 14 § 80.04.200. Prior:
1911 c 117 § 89; RRS § 10431.]
80.04.210 Commission may change orders. The
commission may at any time, upon notice to the public
service company affected, and after opportunity to be heard
as provided in the case of complaints rescind, alter or amend
any order or rule made, issued or promulgated by it, and any
order or rule rescinding, altering or amending any prior order
or rule shall, when served upon the public service company
affected, have the same effect as herein provided for original
orders and rules. [1961 c 14 § 80.04.210. Prior: 1911 c
117 § 90; RRS § 10432.]
80.04.220 Reparations. When complaint has been
made to the commission concerning the reasonableness of
any rate, toll, rental or charge for any service performed by
any public service company, and the same has been investigated by the commission, and the commission has determined that the public service company has charged an
excessive or exorbitant amount for such service, and the
commission has determined that any party complainant is
entitled to an award of damages, the commission shall order
that the public service company pay to the complainant the
excess amount found to have been charged, whether such
excess amount was charged and collected before or after the
filing of said complaint, with interest from the date of the
collection of said excess amount. [1961 c 14 § 80.04.220.
Prior: 1943 c 258 § 1; 1937 c 29 § 1; Rem. Supp. 1943 §
10433.]
80.04.230 Overcharges—Refund. When complaint
has been made to the commission that any public service
company has charged an amount for any service rendered in
excess of the lawful rate in force at the time such charge
was made, and the same has been investigated and the
commission has determined that the overcharge allegation is
true, the commission may order that the public service
company pay to the complainant the amount of the overcharge so found, whether such overcharge was made before
or after the filing of said complaint, with interest from the
date of collection of such overcharge. [1961 c 14 §
80.04.230. Prior: 1937 c 29 § 2; RRS § 10433-1.]
80.04.240 Action in court on reparations and
overcharges. If the public service company does not
comply with the order of the commission for the payment of
the overcharge within the time limited in such order, suit
may be instituted in any superior court where service may be
had upon the said company to recover the amount of the
overcharge with interest. It shall be the duty of the commission to certify its record in the case, including all exhibits,
to the court. Such record shall be filed with the clerk of
said court within thirty days after such suit shall have been
started and said suit shall be heard on the evidence and
exhibits introduced before the commission and certified to by
[Title 80 RCW—page 12]
it. If the complainant shall prevail in such action, the
superior court shall enter judgment for the amount of the
overcharge with interest and shall allow complainant a
reasonable attorney’s fee, and the cost of preparing and
certifying said record for the benefit of and to be paid to the
commission by complainant, and deposited by the commission in the public service revolving fund, said sums to be
fixed and collected as a part of the costs of the suit. If the
order of the commission shall be found to be contrary to law
or erroneous by reason of the rejection of testimony properly
offered, the court shall remand the cause to the commission
with instructions to receive the testimony so proffered and
rejected and enter a new order based upon the evidence
theretofore taken and such as it is directed to receive. The
court may in its discretion remand any cause which is
reversed by it to the commission for further action. Appeals
to the supreme court shall lie as in other civil cases. All
complaints concerning overcharges resulting from collecting
unreasonable rates and charges or from collecting amounts
in excess of lawful rates shall be filed with the commission
within six months in cases involving the collection of
unreasonable rates and two years in cases involving the
collection of more than lawful rates from the time the cause
of action accrues, and the suit to recover the overcharge
shall be filed in the superior court within one year from the
date of the order of the commission.
The procedure provided in this section is exclusive, and
neither the supreme court nor any superior court shall have
jurisdiction save in the manner hereinbefore provided. [1961
c 14 § 80.04.240. Prior: 1943 c 258 § 2; 1937 c 29 § 3;
Rem. Supp. 1943 § 10433-2.]
80.04.250 Valuation of public service property. The
commission shall have power upon complaint or upon its
own motion to ascertain and determine the fair value for rate
making purposes of the property of any public service
company used and useful for service in this state and shall
exercise such power whenever it shall deem such valuation
or determination necessary or proper under any of the
provisions of this title. In determining what property is used
and useful for providing electric, gas, or water service, the
commission may include the reasonable costs of construction
work in progress to the extent that the commission finds that
inclusion is in the public interest.
The commission shall have the power to make revaluations of the property of any public service company from
time to time.
The commission shall, before any hearing is had, notify
the complainants and the public service company concerned
of the time and place of such hearing by giving at least
thirty days’ written notice thereof, specifying that at the time
and place designated a hearing will be held for the purpose
of ascertaining the value of the company’s property, used
and useful as aforesaid, which notice shall be sufficient to
authorize the commission to inquire into and pass upon the
matters designated in this section. [1991 c 122 § 2; 1961 c
14 § 80.04.250. Prior: 1933 c 165 § 4; 1913 c 182 § 1;
1911 c 117 § 92; RRS § 10441.]
Findings—1991 c 122: "The legislature finds that the state is facing
an energy shortage as growth occurs and that inadequate supplies of energy
will cause harmful impacts on the entire range of state citizens. The
legislature further finds that energy efficiency improvement is the single
(2002 Ed.)
Regulations—General
most effective near term measure to lessen the risk of energy shortage. In
the area of electricity, the legislature additionally finds that the Northwest
power planning council has made several recommendations, including an
update of the commercial building energy code and granting flexible
ratemaking alternatives for utility commissions to encourage prudent
acquisition of new electric resources." [1991 c 122 § 1.]
Severability—1991 c 122: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 122 § 4.]
80.04.260 Summary proceedings. Whenever the
commission shall be of opinion that any public service
company is failing or omitting, or about to fail or omit, to do
anything required of it by law, or by order, direction or
requirement of the commission, or is doing anything, or
about to do anything, or permitting anything, or about to
permit anything to be done contrary to or in violation of law
or of any order, direction or requirement of the commission
authorized by this title, it shall direct the attorney general to
commence an action or proceeding in the superior court of
the state of Washington for Thurston county, or in the
superior court of any county in which such company may do
business, in the name of the state of Washington on the
relation of the commission, for the purpose of having such
violations or threatened violations stopped and prevented,
either by mandamus or injunction. The attorney general
shall thereupon begin such action or proceeding by petition
to such superior court, alleging the violation complained of,
and praying for the appropriate relief by way of mandamus
or injunction. It shall thereupon be the duty of the court to
specify a time, not exceeding twenty days after the service
of the copy of the petition, within which the public service
company complained of must answer the petition. In case
of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner
as the court shall direct, without other or formal pleadings,
and without respect to any technical requirement. Such
persons or corporations as the court may deem necessary or
proper to be joined as parties, in order to make its judgment,
order or writ effective, may be joined as parties. The final
judgment in any such action or proceeding shall either
dismiss the action or proceeding or direct that the writ of
mandamus or injunction, or both, issue as prayed for in the
petition, or in such other modified form as the court may
determine will afford appropriate relief. Appellate review of
the final judgment may be sought in the same manner and
with the same effect as review of judgments of the superior
court in actions to review orders of the commission. All
provisions of this chapter relating to the time of review, the
manner of perfecting the same, the filing of briefs, hearings
and supersedeas, shall apply to appeals to the supreme court
or the court of appeals under the provisions of this section.
[1988 c 202 § 61; 1971 c 81 § 140; 1961 c 14 § 80.04.260.
Prior: 1911 c 117 § 93; RRS § 10442.]
Severability—1988 c 202: See note following RCW 2.24.050.
80.04.270 Merchandise accounts to be kept separate. Any public service company engaging in the sale of
merchandise or appliances or equipment shall keep separate
accounts, as prescribed by the commission, of its capital
employed in such business and of its revenues therefrom and
operating expenses thereof. The capital employed in such
(2002 Ed.)
80.04.250
business shall not constitute a part of the fair value of said
company’s property for rate making purposes, nor shall the
revenues from or operating expenses of such business
constitute a part of the operating revenues and expenses of
said company as a public service company. For purposes of
this section, the providing of competitive telephone service,
as defined in RCW 82.04.065, shall not constitute the sale of
merchandise, appliances, or equipment, unless the commission determines that it would be in the public interest to hold
otherwise. [1983 2nd ex.s. c 3 § 40; 1981 c 144 § 5; 1961
c 14 § 80.04.270. Prior: 1933 c 165 § 8; RRS § 10458-2.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
80.04.280 Purchase and sale of stock by employees.
No public service company shall permit any employee to
sell, offer for sale, or solicit the purchase of any security of
any other person or corporation during such hours as such
employee is engaged to perform any duty of such public
service company; nor shall any public service company by
any means or device require any employee to purchase or
contract to purchase any of its securities or those of any
other person or corporation; nor shall any public service
company require any employee to permit the deduction from
his wages or salary of any sum as a payment or to be applied as a payment of any purchase or contract to purchase
any security of such public service company or of any other
person or corporation. [1961 c 14 § 80.04.280. Prior: 1933
c 165 § 9; RRS § 10458-3.]
80.04.290 Sales of stock to employees and customers. A corporate public service company, either heretofore
or hereafter organized under the laws of this state, may sell
to its employees and customers any increase of its capital
stock, or part thereof, without first offering it to existing
stockholders: PROVIDED, That such sale is approved by
the holders of a majority of the capital stock, at a regular or
special meeting held after notice given as to the time, place,
and object thereof as provided by law and the bylaws of the
company. Such sales shall be at prices and in amounts for
each purchaser and upon terms and conditions as set forth in
the resolution passed at the stockholders’ meeting, or in a
resolution passed at a subsequent meeting of the board of
trustees if the resolution passed at the stockholders’ meeting
shall authorize the board to determine prices, amounts,
terms, and conditions, except that in either event, a minimum
price for the stock must be fixed in the resolution passed at
the stockholders’ meeting. [1961 c 14 § 80.04.290. Prior:
1955 c 79 § 2; 1923 c 110 § 1; RRS § 10344-1.]
80.04.300 Budgets to be filed by companies—
Supplementary budgets. The commission may regulate,
restrict, and control the budgets of expenditures of public
service companies. Each company shall prepare a budget
showing the amount of money which, in its judgment, will
be needed during the ensuing year for maintenance, operation, and construction, classified by accounts as prescribed
by the commission, and shall within ten days of the date it
is approved by the company file it with the commission for
[Title 80 RCW—page 13]
80.04.300
Title 80 RCW: Public Utilities
its investigation and approval or rejection. When a budget
has been filed the commission shall examine into and investigate it to determine whether the expenditures therein
proposed are fair and reasonable and not contrary to public
interest.
Adjustments or additions to budget expenditures may be
made from time to time during the year by filing a supplementary budget with the commission for its investigation and
approval or rejection. [1961 c 14 § 80.04.300. Prior: 1959
c 248 § 11; prior: 1933 c 165 § 10, part; RRS § 10458-4,
part.]
80.04.310 Commission’s control over expenditures.
The commission may, both as to original and supplementary
budgets, prior to the making or contracting for the expenditure of any item therein, and after notice to the company and
a hearing thereon, reject any item of the budget. The
commission may require any company to furnish further
information, data, or detail as to any proposed item of
expenditure.
Failure of the commission to object to any item of
expenditure within ninety days of the filing of any original
budget or within thirty days of the filing of any supplementary budget shall constitute authority to the company to
proceed with the making of or contracting for such expenditure, but such authority may be terminated any time by
objection made thereto by the commission prior to the
making of or contracting for such expenditure.
Examination, investigation, and determination of the
budget by the commission shall not bar or estop it from later
determining whether any of the expenditures made thereunder are fair, reasonable, and commensurate with the service,
material, supplies, or equipment received. [1987 c 38 § 1;
1961 c 14 § 80.04.310. Prior: 1959 c 248 § 12; prior:
1933 c 165 § 10, part; RRS § 10458-4, part.]
80.04.320 Budget rules. The commission may
prescribe the necessary rules to place RCW 80.04.300
through 80.04.330 in operation. It may, by rule, establish
criteria to exempt companies in whole or in part from the
operation thereof. The commission may upon request of any
company withhold from publication during such time as the
commission may deem advisable any portion of any original
or supplementary budget relating to proposed capital expenditures. [1989 c 107 § 3; 1961 c 14 § 80.04.320. Prior:
1959 c 248 § 13; prior: 1933 c 165 § 10, part; RRS §
10458-4, part.]
80.04.330 Effect of unauthorized expenditure—
Emergencies. Any public service company may make or
contract for any rejected item of expenditure, but in such
case the same shall not be allowed as an operating expense,
or as to items of construction, as a part of the fair value of
the company’s property used and useful in serving the
public: PROVIDED, That such items of construction may
at any time thereafter be so allowed in whole or in part upon
proof that they are used and useful. Any company may
upon the happening of any emergency caused by fire, flood,
explosion, storm, earthquake, riot, or insurrection, or for the
immediate preservation or restoration to condition of
usefulness of any of its property, the usefulness of which has
[Title 80 RCW—page 14]
been destroyed by accident, make the necessary expenditure
therefor free from the operation of RCW 80.04.300 through
80.04.330.
Any finding and order entered by the commission shall
be in effect until vacated and set aside in proper proceedings
for review thereof. [1961 c 14 § 80.04.330. Prior: 1959 c
248 § 14; prior: 1933 c 165 § 10, part; RRS § 10458-4,
part.]
80.04.350 Depreciation and retirement accounts.
The commission shall have power after hearing to require
any or all public service companies to carry proper and
adequate depreciation or retirement accounts in accordance
with such rules, regulations and forms of accounts as the
commission may prescribe. The commission may from time
to time ascertain and by order fix the proper and adequate
rates of depreciation or retirement of the several classes of
property of each public service company. Each public
service company shall conform its depreciation or retirement
accounts to the rates so prescribed. In fixing the rate of the
annual depreciation or retirement charge, the commission
may consider the rate and amount theretofore charged by the
company for depreciation or retirement.
The commission shall have and exercise like power and
authority over all other reserve accounts of public service
companies. [1961 c 14 § 80.04.350. Prior: 1937 c 169 §
4; 1933 c 165 § 13; RRS § 10458-7.]
80.04.360 Earnings in excess of reasonable rate—
Consideration in fixing rates. If any public service
company earns in the period of five consecutive years
immediately preceding the commission order fixing rates for
such company a net utility operating income in excess of a
reasonable rate of return upon the fair value of its property
used and useful in the public service, the commission shall
take official notice of such fact and of whether any such
excess earnings shall have been invested in such company’s
plant or otherwise used for purposes beneficial to the
consumers of such company and may consider such facts in
fixing rates for such company. [1961 c 14 § 80.04.360.
Prior: 1959 c 285 § 2; 1933 c 165 § 14; RRS § 10458-8.]
80.04.380 Penalties—Violations by public service
companies. Every public service company, and all officers,
agents and employees of any public service company, shall
obey, observe and comply with every order, rule, direction
or requirement made by the commission under authority of
this title, so long as the same shall be and remain in force.
Any public service company which shall violate or fail to
comply with any provision of this title, or which fails, omits
or neglects to obey, observe or comply with any order, rule,
or any direction, demand or requirement of the commission,
shall be subject to a penalty of not to exceed the sum of one
thousand dollars for each and every offense. Every violation
of any such order, direction or requirement of this title shall
be a separate and distinct offense, and in case of a continuing violation every day’s continuance thereof shall be and be
deemed to be a separate and distinct offense. [1961 c 14 §
80.04.380. Prior: 1911 c 117 § 94; RRS § 10443. Formerly RCW 80.04.380, part. FORMER PART OF SECTION:
1911 c 117 § 96 now in RCW 80.04.387.]
(2002 Ed.)
Regulations—General
80.04.385 Penalties—Violations by officers, agents,
and employees of public service companies. Every officer,
agent or employee of any public service company, who shall
violate or fail to comply with, or who procures, aids or abets
any violation by any public service company of any provision of this title, or who shall fail to obey, observe or
comply with any order of the commission, or any provision
of any order of the commission, or who procures, aids or
abets any such public service company in its failure to obey,
observe and comply with any such order or provision, shall
be guilty of a gross misdemeanor. [1961 c 14 § 80.04.385.
Prior: 1911 c 117 § 95; RRS § 10444. Formerly RCW
80.04.390, part.]
80.04.387 Penalties—Violations by other corporations. Every corporation, other than a public service
company, which shall violate any provision of this title, or
which shall fail to obey, observe or comply with any order
of the commission under authority of this title, so long as the
same shall be and remain in force, shall be subject to a
penalty of not to exceed the sum of one thousand dollars for
each and every offense. Every such violation shall be a
separate and distinct offense, and the penalty shall be
recovered in an action as provided in RCW 80.04.400.
[1961 c 14 § 80.04.387. Prior: 1911 c 117 § 96; RRS §
10445. Formerly RCW 80.04.380, part.]
80.04.390 Penalties—Violations by persons. Every
person who, either individually, or acting as an officer or
agent of a corporation other than a public service company,
shall violate any provision of this title, or fail to observe,
obey or comply with any order made by the commission
under this title, so long as the same shall be or remain in
force, or who shall procure, aid or abet any such corporation
in its violation of this title, or in its failure to obey, observe
or comply with any such order, shall be guilty of a gross
misdemeanor. [1961 c 14 § 80.04.390. Prior: 1911 c 117
§ 97; RRS § 10446. FORMER PART OF SECTION: 1911
c 117 § 95 now in RCW 80.04.385.]
80.04.400 Actions to recover penalties—Disposition
of fines, penalties, and forfeitures. Actions to recover
penalties under this title shall be brought in the name of the
state of Washington in the superior court of Thurston county,
or in the superior court of any county in or through which
such public service company may do business. In all such
actions the procedure and rules of evidence shall be the same
as in ordinary civil actions, except as otherwise herein
provided. All fines and penalties recovered by the state
under this title shall be paid into the treasury of the state and
credited to the state general fund or such other fund as
provided by law: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court
because of the violation of a state law shall be remitted as
provided in chapter 3.62 RCW as now exists or is later
amended. [1987 c 202 § 238; 1969 ex.s. c 199 § 35; 1961
c 14 § 80.04.400. Prior: 1911 c 117 § 98; RRS § 10447.]
Intent—1987 c 202: See note following RCW 2.04.190.
80.04.405 Additional penalties—Violations by public
service companies and officers, agents, and employees
(2002 Ed.)
80.04.385
thereof. In addition to all other penalties provided by law
every public service company subject to the provisions of
this title and every officer, agent or employee of any such
public service company who violates or who procures, aids
or abets in the violation of any provision of this title or any
order, rule, regulation or decision of the commission shall
incur a penalty of one hundred dollars for every such
violation. Each and every such violation shall be a separate
and distinct offense and in case of a continuing violation
every day’s continuance shall be and be deemed to be a
separate and distinct violation. Every act of commission or
omission which procures, aids or abets in the violation shall
be considered a violation under the provisions of this section
and subject to the penalty herein provided for.
The penalty herein provided for shall become due and
payable when the person incurring the same receives a notice
in writing from the commission describing such violation
with reasonable particularity and advising such person that
the penalty is due. The commission may, upon written
application therefor, received within fifteen days, remit or
mitigate any penalty provided for in this section or discontinue any prosecution to recover the same upon such terms as
it in its discretion shall deem proper and shall have authority
to ascertain the facts upon all such applications in such
manner and under such regulations as it may deem proper.
If the amount of such penalty is not paid to the commission
within fifteen days after receipt of notice imposing the same
or application for remission or mitigation has not been made
within fifteen days after violator has received notice of the
disposition of such application the attorney general shall
bring an action in the name of the state of Washington in the
superior court of Thurston county or of some other county
in which such violator may do business, to recover such
penalty. In all such actions the procedure and rules of
evidence shall be the same as an ordinary civil action except
as otherwise herein provided. All penalties recovered under
this title shall be paid into the state treasury and credited to
the public service revolving fund. [1963 c 59 § 2.]
80.04.410 Orders and rules conclusive. In all
actions between private parties and public service companies
involving any rule or order of the commission, and in all
actions for the recovery of penalties provided for in this title,
or for the enforcement of the orders or rules issued and
promulgated by the commission, the said orders and rules
shall be conclusive unless set aside or annulled in a review
as in this title provided. [1961 c 14 § 80.04.410. Prior:
1911 c 117 § 99; RRS § 10448.]
80.04.420 Intervention by commission where order
or rule is involved. In all court actions involving any rule
or order of the commission, where the commission has not
been made a party, the commission shall be served with a
copy of all pleadings, and shall be entitled to intervene.
Where the fact that the action involves a rule or order of the
commission does not appear until the time of trial, the court
shall immediately direct the clerk to notify the commission
of the pendency of such action, and shall permit the commission to intervene in such action.
The failure to comply with the provisions of this section
shall render void and of no effect any judgment in such
[Title 80 RCW—page 15]
80.04.420
Title 80 RCW: Public Utilities
action, where the effect of such judgment is to modify or
nullify any rule or order of the commission. [1961 c 14 §
80.04.420. Prior: 1943 c 67 § 1; Rem. Supp. 1943 §
10448-1.]
80.04.430 Findings of commission prima facie
correct. Whenever the commission has issued or promulgated any order or rule, in any writ of review brought by a
public service company to determine the reasonableness of
such order or rule, the findings of fact made by the commission shall be prima facie correct, and the burden shall be
upon said public service company to establish the order or
rule to be unreasonable or unlawful. [1961 c 14 §
80.04.430. Prior: 1911 c 117 § 100; RRS § 10449.]
80.04.440 Companies liable for damages. In case
any public service company shall do, cause to be done or
permit to be done any act, matter or thing prohibited,
forbidden or declared to be unlawful, or shall omit to do any
act, matter or thing required to be done, either by any law of
this state, by this title or by any order or rule of the commission, such public service company shall be liable to the
persons or corporations affected thereby for all loss, damage
or injury caused thereby or resulting therefrom, and in case
of recovery if the court shall find that such act or omission
was wilful, it may, in its discretion, fix a reasonable counsel
or attorney’s fee, which shall be taxed and collected as part
of the costs in the case. An action to recover for such loss,
damage or injury may be brought in any court of competent
jurisdiction by any person or corporation. [1961 c 14 §
80.04.440. Prior: 1911 c 117 § 102; RRS § 10451.]
80.04.450 Certified copies of orders, rules, etc.—
Evidentiary effect. Upon application of any person the
commission shall furnish certified copies of any classification, rate, rule, regulation or order established by such
commission, and the printed copies published by authority of
the commission, or any certified copy of any such classification, rate, rule, regulation or order, with seal affixed, shall be
admissible in evidence in any action or proceeding, and shall
be sufficient to establish the fact that the charge, rate, rule,
order or classification therein contained is the official act of
the commission. When copies of any classification, rate,
rule, regulation or order not contained in the printed reports,
or copies of papers, accounts or records of public service
companies filed with the commission shall be demanded
from the commission for proper use, the commission shall
charge a reasonable compensation therefor. [1961 c 14 §
80.04.450. Prior: 1911 c 117 § 103; RRS § 10452.]
80.04.460 Investigation of accidents. Every public
service company shall give immediate notice to the commission of every accident resulting in death or injury to any
person occurring in its plant or system, in such manner as
the commission may prescribe. Such notice shall not be
admitted as evidence or used for any purpose against the
company giving it in any action for damages growing out of
any matter mentioned in the notice.
The commission may investigate any accident resulting
in death or injury to any person occurring in connection with
the plant or system of any public service company. Notice
[Title 80 RCW—page 16]
of the investigation shall be given in all cases for a sufficient
length of time to enable the company affected to participate
in the hearing and may be given orally or in writing, in such
manner as the commission may prescribe.
Such witnesses may be examined as the commission
deems necessary and proper to thoroughly ascertain the
cause of the accident and fix the responsibility therefor. The
examination and investigation may be conducted by an
inspector or deputy inspector, and they may administer oaths,
issue subpoenas, and compel the attendance of witnesses,
and when the examination is conducted by an inspector or
deputy inspector, he shall make a full and complete report
thereof to the commission. [1961 c 14 § 80.04.460. Prior:
1953 c 104 § 2; prior: 1911 c 117 § 63, part; RRS § 10399,
part.]
80.04.470 Commission to enforce public service
laws—Employees as peace officers. It shall be the duty of
the commission to enforce the provisions of this title and all
other acts of this state affecting public service companies,
the enforcement of which is not specifically vested in some
other officer or tribunal. Any employee of the commission
may, without a warrant, arrest any person found violating in
his presence any provision of this title, or any rule or
regulation adopted by the commission: PROVIDED, That
each such employee shall be first specifically designated in
writing by the commission or a member thereof as having
been found to be a fit and proper person to exercise such
authority. Upon being so designated such person shall be a
peace officer and a police officer for the purposes herein
mentioned. [1961 c 173 § 1; 1961 c 14 § 80.04.470. Prior:
1911 c 117 § 101; RRS § 10450.]
80.04.480 Rights of action not released—Penalties
cumulative. This title shall not have the effect to release or
waive any right of action by the state or any person for any
right, penalty or forfeiture which may have arisen or may
hereafter arise under any law of this state; and all penalties
accruing under this title shall be cumulative of each other,
and a suit for the recovery of one penalty shall not be a bar
to the recovery of any other. [1961 c 14 § 80.04.480. Prior:
1911 c 117 § 104; RRS § 10453. Formerly RCW 80.04.480
and 80.04.490.]
80.04.500 Application to municipal utilities.
Nothing in this title shall authorize the commission to make
or enforce any order affecting rates, tolls, rentals, contracts
or charges or service rendered, or the adequacy or sufficiency of the facilities, equipment, instrumentalities or buildings,
or the reasonableness of rules or regulations made, furnished,
used, supplied or in force affecting any telecommunications
line, gas plant, electrical plant or water system owned and
operated by any city or town, or to make or enforce any
order relating to the safety of any telecommunications line,
electrical plant or water system owned and operated by any
city or town, but all other provisions enumerated herein shall
apply to public utilities owned by any city or town. [1985
c 450 § 13; 1969 ex.s. c 210 § 1; 1961 c 14 § 80.04.500.
Prior: 1911 c 117 § 105; RRS § 10454.]
Severability—Legislative review—1985 c 450: See RCW 80.36.900
and 80.36.901.
(2002 Ed.)
Regulations—General
80.04.510 Duties of attorney general. It shall be the
duty of the attorney general to represent and appear for the
people of the state of Washington and the commission in all
actions and proceedings involving any question under this
title, or under or in reference to any act or order of the
commission; and it shall be the duty of the attorney general
generally to see that all laws affecting any of the persons or
corporations herein enumerated are complied with, and that
all laws, the enforcement of which devolves upon the
commission, are enforced, and to that end he is authorized
to institute, prosecute and defend all necessary actions and
proceedings. [1961 c 14 § 80.04.510. Prior: 1911 c 117 §
5; RRS § 10341.]
80.04.520 Approval of lease of utility facilities. In
addition to any other powers and duties under this chapter,
the commission shall have the authority to authorize and
approve the terms of any lease of utility facilities by a public
service company, as lessee, if the public service company
makes proper application to the commission certifying that
such authorization or approval is necessary or appropriate to
exempt any owner of the facilities from being a public utility
company under the federal Public Utility Holding Company
Act of 1935. [1979 ex.s. c 125 § 1.]
80.04.530 Local exchange company that serves less
than two percent of state’s access lines—Regulatory
exemptions—Reporting requirements. (1)(a) Except as
provided in (b) of this subsection, the following do not apply
to a local exchange company that serves less than two
percent of the access lines in the state of Washington: RCW
80.04.080, 80.04.300 through 80.04.330, and, except for
RCW 80.08.140, chapters 80.08, 80.12, and 80.16 RCW.
(b) Nothing in this subsection (1) shall affect the
commission’s authority over the rates, service, accounts,
valuations, estimates, or determinations of costs, as well as
the authority to determine whether any expenditure is fair,
reasonable, and commensurate with the service, material,
supplies, or equipment received.
(c) For purposes of this subsection, the number of
access lines served by a local exchange company includes
the number of access lines served in this state by any affiliate of that local exchange company.
(2) Any local exchange company for which an exemption is provided under this section shall not be required to
file reports or data with the commission, except each such
company shall file with the commission an annual report that
consists of its annual balance sheet and results of operations,
both presented on a Washington state jurisdictional basis.
This requirement may be satisfied by the filing of information or reports and underlying studies filed with exchange
carrier entities or regulatory agencies if the jurisdictionally
separated results of operations for Washington state can be
obtained from the information or reports. This subsection
shall not be applied to exempt a local exchange company
from an obligation to respond to data requests in an adjudicative proceeding in which it is a party.
(3) The commission may, in response to customer
complaints or on its own motion and after notice and
hearing, establish additional reporting requirements for a specific local exchange company. [1995 c 110 § 1.]
(2002 Ed.)
80.04.510
80.04.550 Thermal energy—Restrictions on authority of commission. (1) Nothing in this title shall authorize
the commission to make or enforce any order affecting rates,
tolls, rentals, contracts or charges for service rendered, or the
adequacy or sufficiency of the facilities, equipment, instrumentalities, or buildings, or the reasonableness of rules or
regulations made, furnished, used, supplied, or in force
affecting any district thermal energy system owned and
operated by any thermal energy company.
(2) For the purposes of this section:
(a) "Thermal energy company" means any private
person, company, association, partnership, joint venture, or
corporation engaged in or proposing to engage in developing,
producing, transmitting, distributing, delivering, furnishing,
or selling to or for the public thermal energy services for any
beneficial use other than electricity generation;
(b) "District thermal energy system" means any system
that provides thermal energy for space heating, space
cooling, or process uses from a central plant, and that
distributes the thermal energy to two or more buildings
through a network of pipes;
(c) "Thermal energy" means heat or cold in the form of
steam, heated or chilled water, or any other heated or chilled
fluid or gaseous medium; and
(d) "Thermal energy services" means the provision of
thermal energy from a district thermal energy system and
includes such ancillary services as energy audits, metering,
billing, maintenance, and repairs related to thermal energy.
[1996 c 33 § 2.]
Findings—1996 c 33: "(1) The legislature finds:
(a) The Washington utilities and transportation commission has the
authority to regulate district heating suppliers on the basis of financial
solvency, system design integrity, and reasonableness of contract rates and
rate formulas under *chapter 80.62 RCW;
(b) Consumers have competitive alternatives to thermal energy
companies for space heating and cooling and ancillary services;
(c) Consumers have recourse against thermal energy companies for
unfair business practices under the consumer protection act; and
(d) Technology and marketing opportunities have advanced since the
enactment of *chapter 80.62 RCW to make the provision of cooling
services, as well as heating services, an economical option for consumers.
(2) The legislature declares that the public health, safety, and welfare
does not require the regulation of thermal energy companies by the
Washington utilities and transportation commission." [1996 c 33 § 1.]
*Reviser’s note: Chapter 80.62 RCW was repealed by 1996 c 33 §
3.
Chapter 80.08
SECURITIES
Sections
80.08.010
80.08.020
80.08.030
80.08.040
80.08.043
80.08.047
80.08.080
80.08.090
80.08.100
80.08.110
80.08.120
Definition.
Control vested in state.
Authority to issue.
Prior to issuance—Filing required—Contents—Request for
order establishing compliance.
Issuance of notes—Compliance with RCW 80.08.040—
Exceptions.
Commission may exempt certain issuances—Order or rule—
Public interest.
Capitalization of franchises or merger contracts prohibited.
Accounting for disposition of proceeds.
Issuance made contrary to this chapter—Penalties.
Penalty against companies.
Penalty against individuals.
[Title 80 RCW—page 17]
Chapter 80.08
80.08.130
80.08.140
80.08.150
80.08.160
Title 80 RCW: Public Utilities
Assumption of obligation or liability—Compliance with
filing requirements.
State not obligated.
Authority of commission—Not affected by requirements of
this chapter.
Small local exchange company—Chapter does not apply.
80.08.010 Definition. The term "public service
company", as used in this chapter, shall mean every company now or hereafter engaged in business in this state as a
public utility and subject to regulation as to rates and service
by the utilities and transportation commission under the
provisions of this title. [1961 c 14 § 80.08.010. Prior:
1959 c 248 § 2; 1953 c 95 § 4; 1933 c 151 § 1, part; RRS
§ 10439-1, part.]
80.08.020 Control vested in state. The power of
public service companies to issue stocks and stock certificates or other evidence of interest or ownership, and bonds,
notes and other evidences of indebtedness and to create liens
on their property situated within this state is a special
privilege, the right of supervision, regulation, restriction, and
control of which is and shall continue to be vested in the
state, and such power shall be exercised as provided by law
and under such rules and regulations as the commission may
prescribe. [1961 c 14 § 80.08.020. Prior: 1933 c 151 § 2;
RRS § 10439-2.]
80.08.030 Authority to issue. A public service
company may issue stock and stock certificates or other
evidence of interest or ownership, or bonds, notes or other
evidence of indebtedness payable on demand or at periods of
more than twelve months after the date thereof, for the
following purposes only: The acquisition of property, or the
construction, completion, extension, or improvement of its
facilities, or the improvement or maintenance of its service,
or the issuance of stock dividends, or the discharge or
refunding of its obligations, or the reimbursement of moneys
actually expended from income or from any other moneys in
the treasury of the company not secured by or obtained from
the issue of stock or stock certificates or other evidence of
interest or ownership, or bonds, notes or other evidence of
indebtedness of the company for any of the aforesaid
purposes except maintenance of service, in cases where the
applicant keeps its accounts and vouchers for such expenditures in such manner as to enable the commission to ascertain the amount of money so expended and the purpose for
which the expenditure was made. [1961 c 14 § 80.08.030.
Prior: 1953 c 95 § 5; 1937 c 30 § 1; 1933 c 151 § 3; RRS
§ 10439-3.]
80.08.040 Prior to issuance—Filing required—
Contents—Request for order establishing compliance.
Any public service company that undertakes to issue stocks,
stock certificates, other evidence of interest or ownership,
bonds, notes, or other evidences of indebtedness shall file
with the commission before such issuance:
(1) A description of the purposes for which the issuance
is made, including a certification by an officer authorized to
do so that the proceeds from any such financing is for one
or more of the purposes allowed by this chapter;
[Title 80 RCW—page 18]
(2) A description of the proposed issuance including the
terms of financing; and
(3) A statement as to why the transaction is in the
public interest.
(4) Any public service company undertaking an issuance
and making a filing in conformance with this section may at
any time of such filing request the commission to enter a
written order that such company has complied with the requirements of this section. The commission shall enter such
written order after such company has provided all information and statements required by subsections (1), (2), and (3)
of this section. [1994 c 251 § 1; 1987 c 106 § 1; 1961 c 14
§ 80.08.040. Prior: 1933 c 151 § 4; RRS § 10439-4.]
80.08.043 Issuance of notes—Compliance with
RCW 80.08.040—Exceptions. A public service company
may issue notes, except demand notes, for proper purposes
and not in violation of any provision of this chapter, or any
other law, payable at periods of not more than twelve
months after the date of issuance, without complying with
the requirements of RCW 80.08.040, but no such note may
be refunded, in whole or in part, by any issue of stock or
stock certificates or other evidence of interest or ownership,
or bonds, notes, or other evidence of indebtedness, without
compliance with RCW 80.08.040. However, compliance
with RCW 80.08.040 is required for the issuance of any note
or notes issued as part of a single borrowing transaction of
one million dollars or more payable at periods of less than
twelve months after the date of issuance by any public
service company that is subject to the federal power act
unless such note or notes aggregates together with all other
then outstanding notes and drafts of a maturity of twelve
months or less on which such public service company is
primarily or secondarily liable not more than five percent of
the par value of other securities of such company then
outstanding, computed, in the case of securities having no
par value, on the basis of the fair market value as of the date
of issuance. [1997 c 162 § 1.]
80.08.047 Commission may exempt certain issuances—Order or rule—Public interest. The commission may
from time to time by order or rule, and subject to such terms
and conditions as may be prescribed in the order or rule,
exempt any security or any class of securities for which a
filing is required under this chapter or any electrical or
natural gas company or class of electrical or natural gas
company from the provisions of this chapter if it finds that
the application of this chapter to such security, class of
securities, electrical or natural gas company, or class of
electrical or natural gas company is not required by the
public interest. [1997 c 15 § 1.]
80.08.080 Capitalization of franchises or merger
contracts prohibited. The commission shall have no power
to authorize the capitalization of the right to be a corporation, or to authorize the capitalization of any franchise or
permit whatsoever or the right to own, operate or enjoy any
such franchise or permit, in excess of the amount (exclusive
of any tax or annual charge) actually paid to the state or to
a political subdivision thereof as the consideration for the
grant of such franchise, permit or right; nor shall any
(2002 Ed.)
Securities
80.08.080
contract for consolidation or lease be capitalized, nor shall
any public service company hereafter issue any bonds, notes
or other evidences of indebtedness against or as a lien upon
any contract for consolidation or merger. [1961 c 14 §
80.08.080. Prior: 1933 c 151 § 7; RRS § 10439-7.]
other evidence of interest or ownership, or bond, note or
other evidence of indebtedness, has been issued or executed
in violation of any of the provisions of this chapter, negotiates, or causes the same to be negotiated, shall be guilty of
a gross misdemeanor. [1994 c 251 § 4; 1961 c 14 §
80.08.120. Prior: 1933 c 151 § 12; RRS § 10439-12.]
80.08.090 Accounting for disposition of proceeds.
The commission shall have the power to require public
service companies to account for the disposition of the
proceeds of all sales of stocks and stock certificates or other
evidence of interest or ownership, and bonds, notes and other
evidences of indebtedness, in such form and detail as it may
deem advisable, and to establish such rules and regulations
as it may deem reasonable and necessary to insure the
disposition of such proceeds for the purpose or purposes
specified in its order. [1961 c 14 § 80.08.090. Prior: 1933
c 151 § 8; RRS § 10439-8.]
80.08.130 Assumption of obligation or liability—
Compliance with filing requirements. Any public service
company that assumes any obligation or liability as guarantor, indorser, surety or otherwise in respect to the securities
of any other person, firm or corporation, when such securities are payable at periods of more than twelve months after
the date thereof, shall comply with the filing requirements of
RCW 80.08.040. [1994 c 251 § 5; 1961 c 14 § 80.08.130.
Prior: 1933 c 151 § 13; RRS § 10439-13.]
80.08.100 Issuance made contrary to this chapter—
Penalties. If a public service company issues any stock, or
other evidence of interest or ownership, bond, note, or other
evidence of indebtedness contrary to the provisions of this
chapter, the company may be subject to penalty under RCW
80.08.110 and 80.08.120. [1994 c 251 § 2; 1961 c 14 §
80.08.100. Prior: 1933 c 151 § 9; RRS § 10439-9.]
80.08.140 State not obligated. No provision of this
chapter, and no deed or act done or performed under or in
connection therewith, shall be held or construed to obligate
the state of Washington to pay or guarantee, in any manner
whatsoever, any stock or stock certificate or other evidence
of interest or ownership, or bond, note or other evidence of
indebtedness, authorized, issued or executed under the
provisions of this chapter. [1961 c 14 § 80.08.140. Prior:
1933 c 151 § 14; RRS § 10439-14.]
80.08.110 Penalty against companies. Every public
service company which, directly or indirectly, issues or
causes to be issued, any stock or stock certificate or other
evidence of interest or ownership, or bond, note or other
evidence of indebtedness, in nonconformity with the provisions of this chapter, or which applies the proceeds from the
sale thereof, or any part thereof, to any purpose other than
the purpose or purposes allowed by this chapter, shall be
subject to a penalty of not more than one thousand dollars
for each offense. Every violation shall be a separate and
distinct offense and in case of a continuing violation every
day’s continuance thereof shall be deemed to be a separate
and distinct offense.
The act, omission or failure of any officer, agent or
employee of any public service company acting within the
scope of his official duties or employment, shall in every
case be deemed to be the act, omission or failure of such
public service company. [1994 c 251 § 3; 1961 c 14 §
80.08.110. Prior: 1933 c 151 § 11; RRS § 10439-11.]
80.08.120 Penalty against individuals. Every officer,
agent, or employee of a public service company, and every
other person who knowingly authorizes, directs, aids in,
issues or executes, or causes to be issued or executed, any
stock or stock certificate or other evidence of interest or
ownership, or bond, note or other evidence of indebtedness
contrary to the provisions of this chapter, or who knowingly
makes any false statement or representation or with knowledge of its falsity files or causes to be filed with the commission any false statement or representation, or causes or
assists to be applied the proceeds or any part thereof, from
the sale of any stock or stock certificate or other evidence of
interest or ownership, or bond, note or other evidence of
indebtedness, to any purpose not allowed by this chapter, or
who, with knowledge that any stock or stock certificate or
(2002 Ed.)
80.08.150 Authority of commission—Not affected by
requirements of this chapter. No action by a public
service company in compliance with nor by the commission
in conformance with the requirements of this chapter may in
any way affect the authority of the commission over rates,
service, accounts, valuations, estimates, or determinations of
costs, or any matters whatsoever that may come before it.
[1994 c 251 § 6.]
80.08.160 Small local exchange company—Chapter
does not apply. Subject to RCW 80.04.530(1), this chapter
does not apply to a local exchange company that serves less
than two percent of the access lines in the state of Washington. [1995 c 110 § 2.]
Chapter 80.12
TRANSFERS OF PROPERTY
Sections
80.12.010
80.12.020
80.12.030
80.12.040
80.12.045
80.12.050
80.12.060
Definition.
Order required to sell, merge, etc.
Disposal without authorization void.
Authority required to acquire property or securities of utility.
Small local exchange company—Chapter does not apply.
Rules and regulations.
Penalty.
80.12.010 Definition. The term "public service
company," as used in this chapter, shall mean every company now or hereafter engaged in business in this state as a
public utility and subject to regulation as to rates and service
by the utilities and transportation commission under the
provisions of this title. [1961 c 14 § 80.12.010. Prior:
[Title 80 RCW—page 19]
80.12.010
Title 80 RCW: Public Utilities
1953 c 95 § 6; 1941 c 159 § 1, part; Rem. Supp. 1941 §
10440a.]
80.12.020 Order required to sell, merge, etc. No
public service company shall sell, lease, assign or otherwise
dispose of the whole or any part of its franchises, properties
or facilities whatsoever, which are necessary or useful in the
performance of its duties to the public, and no public service
company shall, by any means whatsoever, directly or
indirectly, merge or consolidate any of its franchises,
properties or facilities with any other public service company, without having secured from the commission an order
authorizing it so to do: PROVIDED, That this section shall
not apply to any sale, lease, assignment or other disposal of
such franchises, properties or facilities to a special purpose
district as defined in RCW 36.96.010, city, county, or town.
[1981 c 117 § 1; 1961 c 14 § 80.12.020. Prior: 1945 c 75
§ 1; 1941 c 159 § 2; Rem. Supp. 1945 § 10440b.]
80.12.030 Disposal without authorization void. Any
such sale, lease, assignment, or other disposition, merger or
consolidation made without authority of the commission
shall be void. [1961 c 14 § 80.12.030. Prior: 1941 c 159
§ 3; Rem. Supp. 1941 § 10440c.]
80.12.040 Authority required to acquire property or
securities of utility. No public service company shall,
directly or indirectly, purchase, acquire, or become the
owner of any of the franchises, properties, facilities, capital
stocks or bonds of any other public service company unless
authorized so to do by the commission. Nothing contained
in this chapter shall prevent the holding of stocks or other
securities heretofore lawfully acquired or prohibit, upon the
surrender or exchange of said stocks or other securities
pursuant to a reorganization plan, the purchase, acquisition,
taking or holding by the owner of a proportionate amount of
the stocks or other securities of any new corporation organized to take over at foreclosure or other sale, the property
of the corporation the stocks or securities of which have
been thus surrendered or exchanged. Any contract by any
public service company for the purchase, acquisition,
assignment or transfer to it of any of the stocks or other
securities of any other public service company, directly or
indirectly, without the approval of the commission shall be
void and of no effect. [1961 c 14 § 80.12.040. Prior: 1941
c 159 § 4; Rem. Supp. 1941 § 10440d.]
80.12.045 Small local exchange company—Chapter
does not apply. Subject to RCW 80.04.530(1), this chapter
does not apply to a local exchange company that serves less
than two percent of the access lines in the state of Washington. [1995 c 110 § 3.]
80.12.050 Rules and regulations. The commission
shall have power to promulgate rules and regulations to
make effective the provisions of this chapter. [1961 c 14 §
80.12.050. Prior: 1941 c 159 § 5; Rem. Supp. 1941 §
10440e.]
[Title 80 RCW—page 20]
80.12.060 Penalty. The provisions of RCW 80.04.380
and 80.04.385 as to penalties shall be applicable to public
service companies, their officers, agents and employees
failing to comply with the provisions of this chapter. [1961
c 14 § 80.12.060. Prior: 1941 c 159 § 6; Rem. Supp. 1941
§ 10440f.]
Chapter 80.16
AFFILIATED INTERESTS
Sections
80.16.010
80.16.020
80.16.030
80.16.040
80.16.050
80.16.055
80.16.060
80.16.070
80.16.080
80.16.090
Definitions.
Dealings with affiliated interests—Prior filing with commission required—Commission may disapprove.
Payments to affiliated interest disallowed if not reasonable.
Satisfactory proof, what constitutes.
Commission’s control is continuing.
Small local exchange company—Chapter does not apply.
Summary order on nonapproved payments.
Summary order on payments after disallowance.
Court action to enforce orders.
Review of orders.
80.16.010 Definitions. As used in this chapter the
term "public service company" shall include every corporation engaged in business as a public utility and subject to
regulation as to rates and service by the utilities and transportation commission under the provisions of this title.
As used in this chapter, the term "affiliated interest"
means:
Every corporation and person owning or holding directly
or indirectly five percent or more of the voting securities of
any public service company engaged in any intrastate
business in this state;
Every corporation and person, other than those above
specified, in any chain of successive ownership of five
percent or more of voting securities, the chain beginning
with the holder of the voting securities of such public service
company;
Every corporation five percent or more of whose voting
securities are owned by any person or corporation owning
five percent or more of the voting securities of such public
service company or by any person or corporation in any such
chain of successive ownership of five percent or more of
voting securities;
Every corporation or person with which the public
service company has a management or service contract; and
Every person who is an officer or director of such
public service company or of any corporation in any chain
of successive ownership of five percent or more of voting
securities. [1961 c 14 § 80.16.010. Prior: 1953 c 95 § 7;
1933 c 152 § 1, part; RRS § 10440-1, part.]
80.16.020 Dealings with affiliated interests—Prior
filing with commission required—Commission may
disapprove. Every public service company shall file with
the commission a verified copy, or a verified summary if
unwritten, of a contract or arrangement providing for the
furnishing of management, supervisory[,] construction, engineering, accounting, legal, financial, or similar services, or
any contract or arrangement for the purchase, sale, lease, or
exchange of any property, right, or thing, or for the furnish(2002 Ed.)
Affiliated Interests
ing of any service, property, right, or thing, other than those
enumerated in this section, hereafter made or entered into
between a public service company and any affiliated interest
as defined in this chapter, including open account advances
from or to the affiliated interests. The filing must be made
prior to the effective date of the contract or arrangement.
Modifications or amendments to the contracts or arrangements with affiliated interests must be filed with the commission prior to the effective date of the modification or
amendment. Any time after receipt of the contract or
arrangement, the commission may institute an investigation
and disapprove the contract, arrangement, modification, or
amendment thereto if the commission finds the public
service company has failed to prove that it is reasonable and
consistent with the public interest. The commission may
disapprove any such contract or arrangement if satisfactory
proof is not submitted to the commission of the cost to the
affiliated interest of rendering the services or of furnishing
the property or service described in this section. [1998 c 47
§ 1; 1961 c 14 § 80.16.020. Prior: 1941 c 160 § 1; 1933 c
152 § 2; Rem. Supp. 1941 § 10440-2.]
80.16.030 Payments to affiliated interest disallowed
if not reasonable. In any proceeding, whether upon the
commission’s own motion or upon complaint, involving the
rates or practices of any public service company, the
commission may exclude from the accounts of the public
service company any payment or compensation to an affiliated interest for any services rendered or property or
service furnished, as described in this section, under existing
contracts or arrangements with the affiliated interest unless
the public service company establishes the reasonableness of
the payment or compensation. In the proceeding the commission shall disallow the payment or compensation, in
whole or in part, in the absence of satisfactory proof that it
is reasonable in amount. In such a proceeding, any payment
or compensation may be disapproved or disallowed by the
commission, in whole or in part, if satisfactory proof is not
submitted to the commission of the cost to the affiliated
interest of rendering the service or furnishing the property or
service described in this section. [1998 c 47 § 2; 1961 c 14
§ 80.16.030. Prior: 1933 c 152 § 3; RRS § 10440-3.]
80.16.040 Satisfactory proof, what constitutes. No
proof shall be satisfactory, within the meaning of RCW
80.16.010 through 80.16.030, unless it includes the original
(or verified copies) of the relevant cost records and other
relevant accounts of the affiliated interest, or such abstract
thereof or summary taken therefrom, as the commission may
deem adequate, properly identified and duly authenticated:
PROVIDED, HOWEVER, That the commission may, where
reasonable, approve or disapprove such contracts or arrangements without the submission of such cost records or
accounts. [1961 c 14 § 80.16.040. Prior: 1933 c 152 § 4;
RRS § 10440-4.]
80.16.050 Commission’s control is continuing. The
commission shall have continuing supervisory control over
the terms and conditions of such contracts and arrangements
as are herein described so far as necessary to protect and
promote the public interest. The commission shall have the
(2002 Ed.)
80.16.020
same jurisdiction over the modifications or amendment of
contracts or arrangements as are herein described as it has
over such original contracts or arrangements. The fact that
a contract or arrangement has been filed with, or the
commission has approved entry into such contracts or
arrangements as described herein shall not preclude disallowance or disapproval of payments made pursuant thereto, if
upon actual experience under such contract or arrangement,
it appears that the payments provided for or made were or
are unreasonable. Every order of the commission approving
any such contract or arrangement shall be expressly conditioned upon the reserved power of the commission to revise
and amend the terms and conditions thereof, if, when, and as
necessary to protect and promote the public interest. [1998
c 47 § 3; 1961 c 14 § 80.16.050. Prior: 1933 c 152 § 5;
RRS § 10440-5.]
80.16.055 Small local exchange company—Chapter
does not apply. Subject to RCW 80.04.530(1), this chapter
does not apply to a local exchange company that serves less
than two percent of the access lines in the state of Washington. [1995 c 110 § 4.]
80.16.060 Summary order on nonapproved payments. Whenever the commission shall find upon investigation that any public service company is giving effect to
any such contract or arrangement without such contract or
arrangement having been filed or approved, the commission
may issue a summary order prohibiting the public service
company from treating any payments made under the terms
of such contract or arrangement as operating expenses or as
capital expenditures for rate or valuation purposes, unless
and until such contract or arrangement has been filed with
the commission or until payments have received the approval
of the commission. [1998 c 47 § 4; 1961 c 14 § 80.16.060.
Prior: 1933 c 152 § 6; RRS § 10440-6.]
80.16.070 Summary order on payments after
disallowance. Whenever the commission finds upon
investigation that any public service company is making
payments to an affiliated interest, although the payments
have been disallowed or disapproved by the commission in
a proceeding involving the public service company’s rates or
practices, the commission shall issue a summary order
directing the public service company to not treat the payments as operating expenses or capital expenditures for rate
or valuation purposes, unless and until the payments have
received the approval of the commission. [1998 c 47 § 5;
1961 c 14 § 80.16.070. Prior: 1933 c 152 § 7; RRS §
10440-7.]
80.16.080 Court action to enforce orders. The
superior court of Thurston county is authorized to enforce
such orders to cease and desist by appropriate process,
including the issuance of a preliminary injunction, upon the
suit of the commission. [1961 c 14 § 80.16.080. Prior:
1933 c 152 § 8; RRS § 10440-8.]
80.16.090 Review of orders. Any public service
company or affiliated interest deeming any decision or order
of the commission to be in any respect or manner improper,
[Title 80 RCW—page 21]
80.16.090
Title 80 RCW: Public Utilities
unjust or unreasonable may have the same reviewed in the
courts in the same manner and by the same procedure as is
now provided by law for review of any other order or
decision of the commission. [1961 c 14 § 80.16.090. Prior:
1933 c 152 § 9; RRS § 10440-9.]
Chapter 80.20
INVESTIGATION OF PUBLIC
SERVICE COMPANIES
Sections
80.20.010
80.20.020
80.20.030
80.20.040
80.20.050
80.20.060
Definition.
Cost of investigation may be assessed against company.
Interest on unpaid assessment—Action to collect.
Commission’s determination of necessity as evidence.
Order of commission not subject to review.
Limitation on frequency of investigation.
80.20.010 Definition. As used in this chapter, the
term "public service company" means any person, firm,
association, or corporation, whether public or private,
operating a utility or public service enterprise subject in any
respect to regulation by the commission under the provisions
of this title. [1961 c 14 § 80.20.010. Prior: 1953 c 95 § 8;
1939 c 203 § 1; RRS § 10458-6.]
80.20.020 Cost of investigation may be assessed
against company. Whenever the commission in any
proceeding upon its own motion or upon complaint shall
deem it necessary in order to carry out the duties imposed
upon it by law to investigate the books, accounts, practices
and activities of, or make any valuation or appraisal of the
property of any public service company, or to investigate or
appraise any phase of its operations, or to render any
engineering or accounting service to or in connection with
any public service company, and the cost thereof to the
commission exceeds in amount the ordinary regulatory fees
paid by such public service company during the preceding
calendar year or estimated to be paid during the current year,
whichever is more, such public service company shall pay
the expenses reasonably attributable and allocable to such
investigation, valuation, appraisal or services. The commission shall ascertain such expenses, and, after giving notice
and an opportunity to be heard, shall render a bill therefor
by registered mail to the public service company, either at
the conclusion of the investigation, valuation, appraisal or
services, or from time to time during its progress. Within
thirty days after a bill has been mailed such public service
company shall pay to the commission the amount of the bill,
and the commission shall transmit such payment to the state
treasurer who shall credit it to the public service revolving
fund. The total amount which any public service company
shall be required to pay under the provisions of this section
in any calendar year shall not exceed one percent of the
gross operating revenues derived by such public service
company from its intrastate operations during the last
preceding calendar year. If such company did not operate
during all of the preceding year the calculations shall be
based upon estimated gross revenues for the current year.
[1961 c 14 § 80.20.020. Prior: 1939 c 203 § 2(a); RRS §
10458-6a(a).]
[Title 80 RCW—page 22]
80.20.030 Interest on unpaid assessment—Action to
collect. Amounts so assessed against any public service
company not paid within thirty days after mailing of the bill
therefor, shall draw interest at the rate of six percent per
annum from the date of mailing of the bill. Upon failure of
the public service company to pay the bill, the attorney
general shall proceed in the name of the state by civil action
in the superior court for Thurston county against such public
service company to collect the amount due, together with interest and costs of suit. [1961 c 14 § 80.20.030. Prior:
1939 c 203 § 2(b); RRS § 10458-6a(b).]
80.20.040 Commission’s determination of necessity
as evidence. In such action the commission’s determination
of the necessity of the investigation, valuation, appraisal or
services shall be conclusive evidence of such necessity, and
its findings and determination of facts expressed in bills
rendered pursuant to RCW 80.20.020 through 80.20.060 or
in any proceedings determinative of such bills shall be prima
facie evidence of such facts. [1961 c 14 § 80.20.040. Prior:
1939 c 203 § 2(c); RRS § 10458-6a(c).]
80.20.050 Order of commission not subject to
review. In view of the civil action provided for in RCW
80.20.020 through 80.20.060 any order made by the commission in determining the amount of such bill shall not be
reviewable in court, but the mere absence of such right of
review shall not prejudice the rights of defendants in the
civil action. [1961 c 14 § 80.20.050. Prior: 1939 c 203 §
2(d); RRS § 10458-6a(d).]
80.20.060 Limitation on frequency of investigation.
Expenses of a complete valuation, rate and service investigation shall not be assessed against a public service company
under this chapter if such company shall have been subjected
to and paid the expenses of a complete valuation, rate and
service investigation during the preceding five years, unless
the properties or operations of the company have materially
changed or there has been a substantial change in its value
for rate making purposes or in any other circumstances and
conditions affecting rates and services: PROVIDED, That
the provisions of this section shall not be a limitation on the
frequency of assessment of costs of investigation where such
investigation results from a tariff filing or tariff filings by a
public service company to increase rates. [1971 ex.s. c 143
§ 8; 1961 c 14 § 80.20.060. Prior: 1939 c 203 § 2(e); RRS
§ 10458-6a(e).]
Chapter 80.24
REGULATORY FEES
Sections
80.24.010
80.24.020
80.24.030
80.24.040
80.24.050
80.24.060
Companies to file reports of gross revenue and pay fees—
Delinquent fee payments.
Fees to approximate reasonable cost of regulation.
Intent of legislature—Regulatory cost records to be kept by
commission.
Disposition of fees.
Penalty for failure to pay fees—Disposition of fines and
penalties.
Pipeline safety fee—Reports—Procedure to contest fees—
Regulatory incentive program.
(2002 Ed.)
Regulatory Fees
Assessment of public utilities for property tax purposes: Chapter 84.12
RCW.
Corporations, annual license fees for public service companies: RCW
23B.01.530, 23B.01.590.
Easements of public service companies taxable as personalty: RCW
84.20.010.
Public utility tax: Chapter 82.16 RCW.
80.24.010 Companies to file reports of gross
revenue and pay fees—Delinquent fee payments. Every
public service company subject to regulation by the commission shall, on or before the date specified by the commission
for filing annual reports under RCW 80.04.080, file with the
commission a statement on oath showing its gross operating
revenue from intrastate operations for the preceding calendar
year or portion thereof and pay to the commission a fee
equal to one-tenth of one percent of the first fifty thousand
dollars of gross operating revenue, plus two-tenths of one
percent of any gross operating revenue in excess of fifty
thousand dollars: PROVIDED, That the fee shall in no case
be less than one dollar.
The percentage rates of gross operating revenue to be
paid in any year may be decreased by the commission for
any class of companies subject to the payment of such fees,
by general order entered before March 1st of such year, and
for such purpose such companies shall be classified as
follows:
Electrical, gas, water, telecommunications, and irrigation
companies shall constitute class one. Every other company
subject to regulation by the commission, for which regulatory fees are not otherwise fixed by law shall pay fees as
herein provided and shall constitute additional classes according to kinds of businesses engaged in.
Any payment of the fee imposed by this section made
after its due date shall include a late fee of two percent of
the amount due. Delinquent fees shall accrue interest at the
rate of one percent per month. [1994 c 83 § 1; 1990 c 48 §
1; 1985 c 450 § 14; 1961 c 14 § 80.24.010. Prior: 1955 c
125 § 2; prior: 1939 c 123 § 1, part; 1937 c 158 § 1, part;
1929 c 107 § 1, part; 1923 c 107 § 1, part; 1921 c 113 § 1,
part; RRS § 10417, part.]
Severability—Legislative review—1985 c 450: See RCW 80.36.900
and 80.36.901.
80.24.020 Fees to approximate reasonable cost of
regulation. In fixing the percentage rates of gross operating
revenue to be paid in any year, the commission shall
consider all moneys then in the public service revolving fund
and the fees currently to be paid into such fund, to the end
that the fees collected from the several classes of companies
shall be approximately the same as the reasonable cost of
supervising and regulating such classes of companies. [1961
c 14 § 80.24.020. Prior: 1955 c 125 § 3; prior: 1939 c 123
§ 1, part; 1937 c 158 § 1, part; RRS § 10417, part.]
80.24.030 Intent of legislature—Regulatory cost
records to be kept by commission. It is the intent and
purpose of the legislature that the several groups of public
service companies shall each contribute sufficient in fees to
the commission to pay the reasonable cost of regulating the
several groups respectively. The commission shall keep
accurate records of the costs incurred in regulating and
(2002 Ed.)
Chapter 80.24
supervising the several groups of companies subject to
regulation or supervision and such records shall be open to
inspection by all interested parties. The records and data
upon which the commission’s determination is made shall be
considered prima facie correct in any proceeding instituted
to challenge the reasonableness or correctness of any order
of the commission fixing fees and distributing regulatory
expenses. [1961 c 14 § 80.24.030. Prior: 1937 c 158 § 7;
RRS § 10417-5.]
80.24.040 Disposition of fees. All moneys collected
under the provisions of this chapter shall within thirty days
be paid to the state treasurer and by the state treasurer
deposited to the public service revolving fund: PROVIDED,
That all fees, fines, forfeitures and penalties collected or
assessed by a district court because of the violation of a state
law shall be remitted as provided in chapter 3.62 RCW as
now exists or is later amended. [1987 c 202 § 239; 1969
ex.s. c 199 § 36; 1961 c 14 § 80.24.040. Prior: 1937 c 158
§ 6; RRS § 10417-4.]
Intent—1987 c 202: See note following RCW 2.04.190.
80.24.050 Penalty for failure to pay fees—
Disposition of fines and penalties. Every person, firm,
company or corporation, or the officers, agents or employees
thereof, failing or neglecting to pay the fees herein required
shall be guilty of a misdemeanor. All fines and penalties
collected under the provisions of this chapter shall be
deposited into the public service revolving fund of the state
treasury: PROVIDED, That all fees, fines, forfeitures and
penalties collected or assessed by a district court because of
the violation of a state law shall be remitted as provided in
chapter 3.62 RCW as now exists or is later amended. [1987
c 202 § 240; 1979 ex.s. c 198 § 1; 1969 ex.s. c 199 § 37;
1961 c 14 § 80.24.050. Prior: 1923 c 107 § 2; 1921 c 113
§ 3; RRS § 10419.]
Intent—1987 c 202: See note following RCW 2.04.190.
80.24.060 Pipeline safety fee—Reports—Procedure
to contest fees—Regulatory incentive program. (1)(a)
Every gas company and every interstate gas pipeline company subject to inspection or enforcement by the commission
shall pay an annual pipeline safety fee to the commission.
The pipeline safety fees received by the commission shall be
deposited in the pipeline safety account created in RCW
81.88.050.
(b) The aggregate amount of fees set shall be sufficient
to recover the reasonable costs of administering the pipeline
safety program, taking into account federal funds used to
offset the costs. The fees established under this section shall
be designed to generate revenue not exceeding appropriated
levels of funding for the current fiscal year. At a minimum,
the fees established under this section shall be sufficient to
adequately fund pipeline inspection personnel, the timely
review of pipeline safety and integrity plans, the timely
development of spill response plans, the timely development
of accurate maps of pipeline locations, participation in
federal pipeline safety efforts to the extent allowed by law,
and the staffing of the citizens committee on pipeline safety.
[Title 80 RCW—page 23]
80.24.060
Title 80 RCW: Public Utilities
(c) Increases in the aggregate amount of fees over the
immediately preceding fiscal year are subject to the requirements of RCW 43.135.055.
(2) The commission shall by rule establish the methodology it will use to set the appropriate fee for each entity
subject to this section. The methodology shall provide for
an equitable distribution of program costs among all entities
subject to the fee. The fee methodology shall provide for:
(a) Direct assignment of average costs associated with
annual standard inspections, including the average number of
inspection days per year. In establishing these directly
assignable costs, the commission shall consider the requirements and guidelines of the federal government, state
safety standards, and good engineering practice[s]; and
(b) A uniform and equitable means of estimating and
allocating costs of other duties relating to inspecting pipelines for safety that are not directly assignable, including but
not limited to design review and construction inspections,
specialized inspections, incident investigations, geographic
mapping system design and maintenance, and administrative
support.
(3) The commission shall require reports from those
entities subject to this section in the form and at such time
as necessary to set the fees. After considering the reports
supplied by the entities, the commission shall set the amount
of the fee payable by each entity by general order entered
before July 1st of each year.
(4) For companies subject to RCW 80.24.010, the
commission shall collect the pipeline safety fee as part of the
fee specified in RCW 80.24.010. The commission shall
allocate the moneys collected under RCW 80.24.010 between
the pipeline safety program and for other regulatory purposes. The commission shall adopt rules that assure that fee
moneys related to the pipeline safety program are maintained
separately from other moneys collected by the commission
under this chapter.
(5) Any payment of the fee imposed by this section
made after its due date must include a late fee of two
percent of the amount due. Delinquent fees accrue interest
at the rate of one percent per month.
(6) The commission shall keep accurate records of the
costs incurred in administering its gas pipeline safety
program, and the records are open to inspection by interested
parties. The records and data upon which the commission’s
determination is made shall be prima facie correct in any
proceeding to challenge the reasonableness or correctness of
any order of the commission fixing fees and distributing
regulatory expenses.
(7) If any entity seeks to contest the imposition of a fee
imposed under this section, that entity shall pay the fee and
request a refund within six months of the due date for the
payment by filing a petition for a refund with the commission. The commission shall establish by rule procedures for
handling refund petitions and may delegate the decisions on
refund petitions to the secretary of the commission.
(8) After establishing the fee methodology by rule as
required in subsection (2) of this section, the commission
shall create a regulatory incentive program for pipeline
safety programs in collaboration with the citizens committee
on pipeline safety. The regulatory incentive program created
by the commission shall not shift costs among companies
paying pipeline safety fees and shall not decrease revenue to
[Title 80 RCW—page 24]
pipeline safety programs. The regulatory incentive program
shall not be implemented until after the review conducted
according to RCW 81.88.150. [2001 c 238 § 2.]
Intent—Finding—2001 c 238: "The intent of this act is to ensure a
sustainable, comprehensive, pipeline safety program, to protect the health
and safety of the citizens of the state of Washington, and [to] maintain the
quality of the state’s environment. The legislature finds that public safety
and the environment are best protected by securing permanent funding for
this program through establishment of a regulatory fee imposed on
hazardous liquids and gas pipelines." [2001 c 238 § 1.]
Effective date—2001 c 238: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 238 § 13.]
Chapter 80.28
GAS, ELECTRICAL, AND WATER COMPANIES
Sections
80.28.005
80.28.010
80.28.020
80.28.022
80.28.024
80.28.025
80.28.030
80.28.040
80.28.050
80.28.060
80.28.065
80.28.068
80.28.070
80.28.074
80.28.075
80.28.080
80.28.090
80.28.100
80.28.110
80.28.120
80.28.130
80.28.140
80.28.150
80.28.160
80.28.170
80.28.180
80.28.185
80.28.190
80.28.200
80.28.205
80.28.207
80.28.210
80.28.212
80.28.215
80.28.220
80.28.230
80.28.240
Definitions.
Duties as to rates, services, and facilities—Limitations on
termination of utility service for residential heating.
Commission to fix just, reasonable, and compensatory rates.
Water company rates—Reserve account.
Legislative finding.
Encouragement of energy cogeneration, conservation, and
production from renewable resources—Consideration of
water conservation goals.
Commission may order improved quality of commodity—
Water companies, board of health standards.
Commission may order improved service—Water companies, noncompliance, receivership.
Tariff schedules to be filed with commission—Public schedules.
Tariff changes—Statutory notice—Exception.
Tariff schedule—Energy conservation—Payment by successive property owners—Notice—Rules.
Rates—Low-income customers.
Sliding scale of charges permitted.
Legislative declaration.
Banded rates—Natural gas and electric services.
Published rates to be charged—Exceptions.
Unreasonable preference prohibited.
Rate discrimination prohibited—Exception.
Service to be furnished on reasonable notice.
Effect on existing contracts.
Repairs, improvements, changes, additions, or extensions
may be directed.
Inspection of gas and water meters.
Inspection of electric meters.
Testing apparatus to be furnished.
Testing at consumer’s request.
Rules and regulations.
Water companies within counties—Commission may regulate.
Gas companies—Certificate—Violations—Commission powers—Penalty—Fees.
Gas companies—Refunds of charges.
Enforcement of federal laws covering gas pipeline safety—
Request for federal delegation of authority.
Commission inspection of records, maps, or written procedures.
Safety rules—Pipeline transporters—Penalty.
Safety rules—Civil penalty for violation of RCW 80.28.210
or regulations issued thereunder—Level of penalty—
Compromise—Disposition of penalty.
Gas pipeline company duties after notice of excavation.
Gas companies—Right of eminent domain—Purposes.
Gas companies—Use for purpose acquired exclusive—
Disposition of property.
Recovery of damages by utility company for tampering,
unauthorized connections, diversion of services.
(2002 Ed.)
Gas, Electrical, and Water Companies
80.28.250
80.28.260
Water companies—Fire hydrants.
Adoption of policies to provide financial incentives for energy efficiency programs.
80.28.270 Water companies—Extension, installation, or connection
charges.
80.28.275 Water companies—Assumption of substandard water system—Limited immunity from liability.
80.28.280 Compressed natural gas—Motor vehicle refueling stations—
Public interest.
80.28.290 Compressed natural gas—Refueling stations—Identify barriers.
80.28.300 Gas, electrical companies authorized to provide customers
with landscaping information and to request voluntary
donations for urban forestry.
80.28.303 Conservation service tariff—Contents of filing—Rate base—
Duties of commission.
80.28.306 Conservation bonds—Conservation investment assets as
collateral—Priority of security interests—Transfers.
80.28.309 Costs as bondable conservation investment.
80.28.310 Tariff for irrigation pumping service—Authority for electrical companies to buy back electricity.
Construction projects in state waters: Chapter 77.55 RCW.
Franchises on state highways: Chapter 47.44 RCW.
Reduced utility rates for low-income senior citizens and other low-income
citizens: RCW 74.38.070.
80.28.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Bondable conservation investment" means all
expenditures made by electrical, gas, or water companies
with respect to energy or water conservation measures and
services intended to improve the efficiency of electricity,
gas, or water end use, including related carrying costs if:
(a) The conservation measures and services do not
produce assets that would be bondable utility property under
the general utility mortgage of the electrical, gas, or water
company;
(b) The commission has determined that the expenditures were incurred in conformance with the terms and
conditions of a conservation service tariff in effect with the
commission at the time the costs were incurred, and at the
time of such determination the commission finds that the
company has proven that the costs were prudent, that the
terms and conditions of the financing are reasonable, and
that financing under this chapter is more favorable to the
customer than other reasonably available alternatives;
(c) The commission has approved inclusion of the
expenditures in rate base and has not ordered that they be
currently expensed; and
(d) The commission has not required that the measures
demonstrate that energy savings have persisted at a certain
level for a certain period before approving the cost of these
investments as bondable conservation investment.
(2) "Conservation bonds" means bonds, notes, certificates of beneficial interests in trusts, or other evidences of
indebtedness or ownership that:
(a) The commission determines at or before the time of
issuance are issued to finance or refinance bondable conservation investment by an electrical, gas or water company;
and
(b) Rely partly or wholly for repayment on conservation
investment assets and revenues arising with respect thereto.
(3) "Conservation investment assets" means the statutory
right of an electrical, gas, or water company:
(2002 Ed.)
Chapter 80.28
(a) To have included in rate base all of its bondable
conservation investment and related carrying costs; and
(b) To receive through rates revenues sufficient to
recover the bondable conservation investment and the costs
of equity and debt capital associated with it, including,
without limitation, the payment of principal, premium, if
any, and interest on conservation bonds.
(4) "Finance subsidiary" means any corporation,
company, association, joint stock association, or trust that is
beneficially owned, directly or indirectly, by an electrical,
gas, or water company, or in the case of a trust issuing
conservation bonds consisting of beneficial interests, for
which an electrical, gas, or water company or a subsidiary
thereof is the grantor, or an unaffiliated entity formed for the
purpose of financing or refinancing approved conservation
investment, and that acquires conservation investment assets
directly or indirectly from such company in a transaction
approved by the commission. [1994 c 268 § 1.]
80.28.010 Duties as to rates, services, and facilities—Limitations on termination of utility service for
residential heating. (1) All charges made, demanded or
received by any gas company, electrical company or water
company for gas, electricity or water, or for any service
rendered or to be rendered in connection therewith, shall be
just, fair, reasonable and sufficient.
(2) Every gas company, electrical company and water
company shall furnish and supply such service, instrumentalities and facilities as shall be safe, adequate and efficient,
and in all respects just and reasonable.
(3) All rules and regulations issued by any gas company, electrical company or water company, affecting or
pertaining to the sale or distribution of its product, shall be
just and reasonable.
(4) Utility service for residential space heating shall not
be terminated between November 15 through March 15 if
the customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided
within five business days of receiving a payment overdue
notice unless there are extenuating circumstances. If the
customer fails to notify the utility within five business days
and service is terminated, the customer can, by paying
reconnection charges, if any, and fulfilling the requirements
of this section, receive the protections of this chapter;
(b) Provides self-certification of household income for
the prior twelve months to a grantee of the department of
community, trade, and economic development which
administers federally funded energy assistance programs.
The grantee shall determine that the household income does
not exceed the maximum allowed for eligibility under the
state’s plan for low-income energy assistance under 42
U.S.C. 8624 and shall provide a dollar figure that is seven
percent of household income. The grantee may verify information provided in the self-certification;
(c) Has applied for home heating assistance from
applicable government and private sector organizations and
certifies that any assistance received will be applied to the
current bill and future utility bills;
[Title 80 RCW—page 25]
80.28.010
Title 80 RCW: Public Utilities
(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such
assistance is available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the
payment plan. The plan will be designed both to pay the
past due bill by the following October 15 and to pay for
continued utility service. If the past due bill is not paid by
the following October 15, the customer shall not be eligible
for protections under this chapter until the past due bill is
paid. The plan shall not require monthly payments in excess
of seven percent of the customer’s monthly income plus onetwelfth of any arrearage accrued from the date application is
made and thereafter during November 15 through March 15.
A customer may agree to pay a higher percentage during this
period, but shall not be in default unless payment during this
period is less than seven percent of monthly income plus
one-twelfth of any arrearage accrued from the date application is made and thereafter. If assistance payments are
received by the customer subsequent to implementation of
the plan, the customer shall contact the utility to reformulate
the plan; and
(f) Agrees to pay the moneys owed even if he or she
moves.
(5) The utility shall:
(a) Include in any notice that an account is delinquent
and that service may be subject to termination, a description
of the customer’s duties in this section;
(b) Assist the customer in fulfilling the requirements
under this section;
(c) Be authorized to transfer an account to a new
residence when a customer who has established a plan under
this section moves from one residence to another within the
same utility service area;
(d) Be permitted to disconnect service if the customer
fails to honor the payment program. Utilities may continue
to disconnect service for those practices authorized by law
other than for nonpayment as provided for in this subsection.
Customers who qualify for payment plans under this section
who default on their payment plans and are disconnected can
be reconnected and maintain the protections afforded under
this chapter by paying reconnection charges, if any, and by
paying all amounts that would have been due and owing
under the terms of the applicable payment plan, absent
default, on the date on which service is reconnected; and
(e) Advise the customer in writing at the time it
disconnects service that it will restore service if the customer
contacts the utility and fulfills the other requirements of this
section.
(6) A payment plan implemented under this section is
consistent with RCW 80.28.080.
(7) Every gas company and electrical company shall
offer residential customers the option of a budget billing or
equal payment plan. The budget billing or equal payment
plan shall be offered low-income customers eligible under
the state’s plan for low-income energy assistance prepared in
accordance with 42 U.S.C. 8624(C)(1) without limiting
availability to certain months of the year, without regard to
the length of time the customer has occupied the premises,
and without regard to whether the customer is the tenant or
owner of the premises occupied.
(8) Every gas company, electrical company and water
company shall construct and maintain such facilities in
[Title 80 RCW—page 26]
connection with the manufacture and distribution of its
product as will be efficient and safe to its employees and the
public.
(9) An agreement between the customer and the utility,
whether oral or written, shall not waive the protections
afforded under this chapter.
(10) In establishing rates or charges for water service,
water companies as defined in RCW 80.04.010 may consider
the achievement of water conservation goals and the discouragement of wasteful water use practices. [1995 c 399 § 211.
Prior: 1991 c 347 § 22; 1991 c 165 § 4; 1990 1st ex.s. c 1
§ 5; 1986 c 245 § 5; 1985 c 6 § 25; 1984 c 251 § 4; 1961
c 14 § 80.28.010; prior: 1911 c 117 § 26; RRS § 10362.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Findings—1991 c 165: See note following RCW 35.21.300.
80.28.020 Commission to fix just, reasonable, and
compensatory rates. Whenever the commission shall find,
after a hearing had upon its own motion, or upon complaint,
that the rates or charges demanded, exacted, charged or collected by any gas company, electrical company or water
company, for gas, electricity or water, or in connection
therewith, or that the rules, regulations, practices or contracts
affecting such rates or charges are unjust, unreasonable,
unjustly discriminatory or unduly preferential, or in any wise
in violation of the provisions of the law, or that such rates
or charges are insufficient to yield a reasonable compensation for the service rendered, the commission shall determine
the just, reasonable, or sufficient rates, charges, regulations,
practices or contracts to be thereafter observed and in force,
and shall fix the same by order. [1961 c 14 § 80.28.020.
Prior: 1911 c 117 § 54, part; RRS § 10390, part.]
80.28.022 Water company rates—Reserve account.
In determining the rates to be charged by each water
company subject to its jurisdiction, the commission may
provide for the funding of a reserve account exclusively for
the purpose of making capital improvements approved by the
department of health as a part of a long-range plan, or
required by the department to assure compliance with federal
or state drinking water regulations, or to perform construction or maintenance required by the department of ecology
to secure safety to life and property under RCW
43.21A.064(2). Expenditures from the fund shall be subject
to prior approval by the commission, and shall be treated for
rate-making purposes as customer contributions. [1991 c
150 § 1; 1990 c 132 § 6.]
Legislative findings—Severability—1990 c 132: See note following
RCW 43.20.240.
80.28.024 Legislative finding. The legislature finds
and declares that the potential for meeting future energy
needs through conservation measures, including energy
conservation loans, energy audits, the use of appropriate tree
plantings for energy conservation, and the use of renewable
resources, such as solar energy, wind energy, wood, wood
waste, municipal waste, agricultural products and wastes,
hydroelectric energy, geothermal energy, and end-use waste
heat, may not be realized without incentives to public and
private energy utilities. The legislature therefore finds and
(2002 Ed.)
Gas, Electrical, and Water Companies
declares that actions and incentives by state government to
promote conservation and the use of renewable resources
would be of great benefit to the citizens of this state by
encouraging efficient energy use and a reliable supply of
energy based upon renewable energy resources. [1993 c 204
§ 8; 1980 c 149 § 1.]
Findings—1993 c 204: See note following RCW 35.92.390.
80.28.025 Encouragement of energy cogeneration,
conservation, and production from renewable resources—
Consideration of water conservation goals. (1) In establishing rates for each gas and electric company regulated by
this chapter, the commission shall adopt policies to encourage meeting or reducing energy demand through
cogeneration as defined in RCW 82.35.020, measures which
improve the efficiency of energy end use, and new projects
which produce or generate energy from renewable resources,
such as solar energy, wind energy, hydroelectric energy,
geothermal energy, wood, wood waste, municipal wastes,
agricultural products and wastes, and end-use waste heat.
These policies shall include but are not limited to allowing
a return on investment in measures to improve the efficiency
of energy end use, cogeneration, or projects which produce
or generate energy from renewable resources which return is
established by adding an increment of two percent to the rate
of return on common equity permitted on the company’s
other investment. Measures or projects encouraged under
this section are those for which construction or installation
is begun after June 12, 1980, and before January 1, 1990,
and which, at the time they are placed in the rate base, are
reasonably expected to save, produce, or generate energy at
a total incremental system cost per unit of energy delivered
to end use which is less than or equal to the incremental
system cost per unit of energy delivered to end use from
similarly available conventional energy resources which
utilize nuclear energy or fossil fuels and which the gas or
electric company could acquire to meet energy demand in
the same time period. The rate of return increment shall be
allowed for a period not to exceed thirty years after the measure or project is first placed in the rate base.
(2) In establishing rates for water companies regulated
by this chapter, the commission may consider the achievement of water conservation goals and the discouragement of
wasteful water use practices. [1991 c 347 § 23; 1980 c 149
§ 2.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Public utility tax exemptions relating to energy conservation and production
from renewable resources: RCW 82.16.055.
80.28.030 Commission may order improved quality
of commodity—Water companies, board of health
standards. Whenever the commission shall find, after such
hearing, that the illuminating or heating power, purity or
pressure of gas, the efficiency of electric lamp supply, the
voltage of the current supplied for light, heat or power, or
the purity, quality, volume, and pressure of water, supplied
by any gas company, electrical company or water company,
as the case may be, is insufficient, impure, inadequate or
inefficient, it shall order such improvement in the manufacture, distribution or supply of gas, in the manufacture,
(2002 Ed.)
80.28.024
transmission or supply of electricity, or in the storage,
distribution or supply of water, or in the methods employed
by such gas company, electrical company or water company,
as will in its judgment be efficient, adequate, just and
reasonable. Failure of a water company to comply with state
board of health standards adopted under RCW
43.20.050(2)(a) or department standards adopted under
chapter 70.116 RCW for purity, volume, and pressure shall
be prima facie evidence that the water supplied is insufficient, impure, inadequate, or inefficient.
In ordering improvements in the storage, distribution, or
supply of water, the commission shall consult and coordinate
with the department. In the event that a water company fails
to comply with an order of the commission in a timely
fashion, the commission may request that the department
petition the court to place the company in receivership.
[1989 c 207 § 4; 1961 c 14 § 80.28.030. Prior: 1911 c 117
§ 54, part; RRS § 10390, part.]
80.28.040 Commission may order improved service—Water companies, noncompliance, receivership.
Whenever the commission shall find, after hearing, that any
rules, regulations, measurements or the standard thereof,
practices, acts or services of any such gas company, electrical company or water company are unjust, unreasonable,
improper, insufficient, inefficient or inadequate, or that any
service which may be reasonably demanded is not furnished,
the commission shall fix the reasonable rules, regulations,
measurements or the standard thereof, practices, acts or
service to be thereafter furnished, imposed, observed and
followed, and shall fix the same by order or rule.
In ordering improvements to the service of any water
company, the commission shall consult and coordinate with
the department. In the event that a water company fails to
comply with an order of the commission within the deadline
specified in the order, the commission may request that the
department petition the court to place the company in
receivership. [1989 c 207 § 5; 1961 c 14 § 80.28.040.
Prior: 1911 c 117 § 54, part; RRS § 10390, part.]
80.28.050 Tariff schedules to be filed with commission—Public schedules. Every gas company, electrical
company and water company shall file with the commission
and shall print and keep open to public inspection schedules
in such form as the commission may prescribe, showing all
rates and charges made, established or enforced, or to be
charged or enforced, all forms of contract or agreement, all
rules and regulations relating to rates, charges or service,
used or to be used, and all general privileges and facilities
granted or allowed by such gas company, electrical company
or water company. [1961 c 14 § 80.28.050. Prior: 1911 c
117 § 27; RRS § 10363.]
Duty of company to fix rate for wholesale power on request of public utility
district: RCW 54.04.100.
80.28.060 Tariff changes—Statutory notice—
Exception. Unless the commission otherwise orders, no
change shall be made in any rate or charge or in any form
of contract or agreement or in any rule or regulation relating
to any rate, charge or service, or in any general privilege or
facility which shall have been filed and published by a gas
[Title 80 RCW—page 27]
80.28.060
Title 80 RCW: Public Utilities
company, electrical company or water company in compliance with the requirements of RCW 80.28.050 except after
thirty days’ notice to the commission and publication for
thirty days, which notice shall plainly state the changes
proposed to be made in the schedule then in force and the
time when the change will go into effect and all proposed
changes shall be shown by printing, filing and publishing
new schedules, or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection.
Proposed changes may be suspended by the commission
within thirty days or before the stated effective date of the
proposed change, whichever is later. The commission, for
good cause shown, may allow changes without requiring the
thirty days’ notice by duly filing, in such manner as it may
direct, an order specifying the changes so to be made and
the time when it shall take effect. All such changes shall be
immediately indicated upon its schedules by the company affected. When any change is made in any rate or charge,
form of contract or agreement, or any rule or regulation
relating to any rate or charge or service, or in any general
privilege or facility, the effect of which is to increase any
rate or charge, then in existence, attention shall be directed
on the copy filed with the commission to such increase by
some character immediately preceding or following the item
in such schedule, such character to be in form as designated
by the commission. [1989 c 152 § 1; 1961 c 14 §
80.28.060. Prior: 1911 c 117 § 28; RRS § 10364.]
80.28.065 Tariff schedule—Energy conservation—
Payment by successive property owners—Notice—Rules.
(1) Upon request by an electrical or gas company, the
commission may approve a tariff schedule that contains rates
or charges for energy conservation measures, services, or
payments provided to individual property owners or customers. The tariff schedule shall require the electrical or gas
company to enter into an agreement with the property owner
or customer receiving services at the time the conservation
measures, services, or payments are initially provided. The
tariff schedule may allow for the payment of the rates or
charges over a period of time and for the application of the
payment obligation to successive property owners or customers at the premises where the conservation measures or
services were installed or performed or with respect to which
the conservation payments were made.
(2) The electrical or gas company shall record a notice
of a payment obligation, containing a legal description,
resulting from an agreement under this section with the
county auditor or recording officer as provided in RCW
65.04.030.
(3) The commission may prescribe by rule other
methods by which an electrical or gas company shall notify
property owners or customers of any such payment obligation. [1993 c 245 § 2.]
Legislative findings—Intent—1993 c 245: "(1) The legislature finds
that:
(a) The ability of utilities to acquire cost-effective conservation
measures is instrumental in assuring that Washington citizens have
reasonable energy rates and that utilities have adequate energy resources to
meet future energy demands;
(b) Customers may be more willing to accept investments in energy
efficiency and conservation if real and perceived impediments to property
transactions are avoided;
[Title 80 RCW—page 28]
(c) Potential purchasers of real property should be notified of any
utility conservation charges at the earliest point possible in the sale.
(2) It is the intent of the legislature to encourage utilities to develop
innovative approaches designed to promote energy efficiency and conservation that have limited rate impacts on utility customers. It is not the intent
of the legislature to restrict the authority of the utilities and transportation
commission to approve tariff schedules.
(3) It is also the intent of the legislature that utilities which establish
conservation tariffs should undertake measures to assure that potential
purchasers of property are aware of the existence of any conservation tariffs.
Measures that may be considered include, but are not limited to:
(a) Recording a notice of a conservation tariff payment obligation,
containing a legal description, with the county property records;
(b) Annually notifying customers who have entered agreements of the
conservation tariff obligation;
(c) Working with the real estate industry to provide for disclosure of
conservation tariff obligations in standardized listing agreements and earnest
money agreements; and
(d) Working with title insurers to provide recorded conservation tariff
obligations as an informational note to the preliminary commitment for
policy of title insurance." [1993 c 245 § 1.]
80.28.068 Rates—Low-income customers. Upon
request by an electrical or gas company, the commission
may approve rates, charges, services, and/or physical
facilities at a discount for low-income senior customers and
low-income customers. Expenses and lost revenues as a
result of these discounts shall be included in the company’s
cost of service and recovered in rates to other customers.
[1999 c 62 § 1.]
80.28.070 Sliding scale of charges permitted.
Nothing in this chapter shall be taken to prohibit a gas
company, electrical company or water company from
establishing a sliding scale of charges, whereby a greater
charge is made per unit for a lesser than a greater quantity
for gas, electricity or water, or any service rendered or to be
rendered. [1961 c 14 § 80.28.070. Prior: 1911 c 117 § 32;
RRS § 10368.]
80.28.074 Legislative declaration. The legislature
declares it is the policy of the state to:
(1) Preserve affordable natural gas and electric services
to the residents of the state;
(2) Maintain and advance the efficiency and availability
of natural gas and electric services to the residents of the
state of Washington;
(3) Ensure that customers pay only reasonable charges
for natural gas and electric service;
(4) Permit flexible pricing of natural gas and electric
services. [1988 c 166 § 1.]
80.28.075 Banded rates—Natural gas and electric
services. Upon request by a natural gas company or an
electrical company, the commission may approve a tariff that
includes banded rates for any nonresidential natural gas or
electric service that is subject to effective competition from
energy suppliers not regulated by the utilities and transportation commission. "Banded rate" means a rate that has a
minimum and maximum rate. Rates may be changed within
the rate band upon such notice as the commission may order.
[1988 c 166 § 2.]
(2002 Ed.)
Gas, Electrical, and Water Companies
80.28.080 Published rates to be charged—
Exceptions. No gas company, electrical company or water
company shall charge, demand, collect or receive a greater
or less or different compensation for any service rendered or
to be rendered than the rates and charges applicable to such
service as specified in its schedule filed and in effect at the
time, nor shall any such company directly or indirectly
refund or remit in any manner or by any device any portion
of the rates or charges so specified, or furnish its product at
free or reduced rates except to its employees and their
families, and its officers, attorneys, and agents; to hospitals,
charitable and eleemosynary institutions and persons engaged
in charitable and eleemosynary work; to indigent and
destitute persons; to national homes or state homes for
disabled volunteer soldiers and soldiers’ and sailors’ homes:
PROVIDED, That the term "employees" as used in this
paragraph shall include furloughed, pensioned and superannuated employees, persons who have become disabled or
infirm in the service of any such company; and the term
"families," as used in this paragraph, shall include the
families of those persons named in this proviso, the families
of persons killed or dying in the service, also the families of
persons killed, and the surviving spouse prior to remarriage,
and the minor children during minority of persons who died
while in the service of any of the companies named in this
paragraph: PROVIDED FURTHER, That water companies
may furnish free or at reduced rates water for the use of the
state, or for any project in which the state is interested:
AND PROVIDED FURTHER, That gas companies, electrical companies, and water companies may charge the defendant for treble damages awarded in lawsuits successfully litigated under RCW 80.28.240.
No gas company, electrical company or water company
shall extend to any person or corporation any form of
contract or agreement or any rule or regulation or any
privilege or facility except such as are regularly and uniformly extended to all persons and corporations under like
circumstances. [1985 c 427 § 2; 1973 1st ex.s. c 154 § 116;
1961 c 14 § 80.28.080. Prior: 1911 c 117 § 29; RRS §
10365.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
80.28.090 Unreasonable preference prohibited. No
gas company, electrical company or water company shall
make or grant any undue or unreasonable preference or
advantage to any person, corporation, or locality, or to any
particular description of service in any respect whatsoever,
or subject any particular person, corporation or locality or
any particular description of service to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.
[1961 c 14 § 80.28.090. Prior: 1911 c 117 § 30; RRS §
10366.]
80.28.100 Rate discrimination prohibited—
Exception. No gas company, electrical company or water
company shall, directly or indirectly, or by any special rate,
rebate, drawback or other device or method, charge, demand,
collect or receive from any person or corporation a greater
or less compensation for gas, electricity or water, or for any
service rendered or to be rendered, or in connection there(2002 Ed.)
80.28.080
with, except as authorized in this chapter, than it charges,
demands, collects or receives from any other person or
corporation for doing a like or contemporaneous service with
respect thereto under the same or substantially similar
circumstances or conditions. [1961 c 14 § 80.28.100. Prior:
1911 c 117 § 31; RRS § 10367.]
Reduced utility rates for low-income senior citizens and other low-income
citizens: RCW 74.38.070.
80.28.110 Service to be furnished on reasonable
notice. Every gas company, electrical company or water
company, engaged in the sale and distribution of gas,
electricity or water, shall, upon reasonable notice, furnish to
all persons and corporations who may apply therefor and be
reasonably entitled thereto, suitable facilities for furnishing
and furnish all available gas, electricity and water as
demanded, except that a water company shall not furnish
water contrary to the provisions of water system plans
approved under chapter 43.20 or 70.116 RCW. [1990 c 132
§ 5; 1961 c 14 § 80.28.110. Prior: 1911 c 117 § 33; RRS
§ 10369.]
Legislative findings—Severability—1990 c 132: See note following
RCW 43.20.240.
Duty of company to fix rate for wholesale power on request of public utility
district: RCW 54.04.100.
80.28.120 Effect on existing contracts. Every gas,
water or electrical company owning, operating or managing
a plant or system for the distribution and sale of gas, water
or electricity to the public for hire shall be and be held to be
a public service company as to such plant or system and as
to all gas, water or electricity distributed or furnished
therefrom, whether such gas, water or electricity be sold
wholesale or retail or be distributed wholly to the general
public or in part as surplus gas, water or electricity to
manufacturing or industrial concerns or to other public
service companies or municipalities for redistribution.
Nothing in this title shall be construed to prevent any gas
company, electrical company or water company from
continuing to furnish its product or the use of its lines,
equipment or service under any contract or contracts in force
on June 7, 1911, at the rates fixed in such contract or contracts: PROVIDED, That the commission shall have power,
in its discretion, to direct by order that such contract or
contracts shall be terminated by the company party thereto
and thereupon such contract or contracts shall be terminated
by such company as and when directed by such order.
[1961 c 14 § 80.28.120. Prior: 1933 c 165 § 1; 1911 c 117
§ 34; RRS § 10370.]
80.28.130 Repairs, improvements, changes, additions, or extensions may be directed. Whenever the
commission shall find, after hearing had upon its own
motion or upon complaint, that repairs or improvements, to,
or changes in, any gas plant, electrical plant or water system
ought to be made, or that any additions or extensions should
reasonably be made thereto, in order to promote the security
or convenience of the public or employees, or in order to
secure adequate service or facilities for manufacturing,
distributing or supplying gas, electricity or water, the
commission may enter an order directing that such reason[Title 80 RCW—page 29]
80.28.130
Title 80 RCW: Public Utilities
able repairs, improvements, changes, additions or extensions
of such gas plant, electrical plant or water system be made.
[1961 c 14 § 80.28.130. Prior: 1911 c 117 § 70; RRS §
10406.]
80.28.140 Inspection of gas and water meters. The
commission may appoint inspectors of gas and water meters
whose duty it shall be when required by the commission to
inspect, examine, prove and ascertain the accuracy of any
and all gas and water meters used or intended to be used for
measuring or ascertaining the quantity of gas for light, heat
or power, or the quantity of water furnished for any purpose
by any public service company to or for the use of any person or corporation, and when found to be or made to be
correct such inspectors shall seal all such meters and each of
them with some suitable device to be prescribed by the
commission.
No public service company shall thereafter furnish, set
or put in use any gas or water meter which shall not have
been inspected, proved and sealed by an inspector of the
commission under such rules and regulations as the commission may prescribe. [1961 c 14 § 80.28.140. Prior:
1911 c 117 § 74, part; RRS § 10410, part.]
80.28.150 Inspection of electric meters. The
commission may appoint inspectors of electric meters whose
duty it shall be when required by the commission to inspect,
examine, prove and ascertain the accuracy of any and all
electric meters used or intended to be used for measuring
and ascertaining the quantity of electric current furnished for
light, heat or power by any public service company to or for
the use of any person or corporation, and to inspect, examine
and ascertain the accuracy of all apparatus for testing and
proving the accuracy of electric meters, and when found to
be or made to be correct the inspector shall stamp or mark
all such meters and apparatus with some suitable device to
be prescribed by the commission. No public service
company shall furnish, set or put in use any electric meters
the type of which shall not have been approved by the commission. [1961 c 14 § 80.28.150. Prior: 1911 c 117 § 74,
part; RRS § 10410, part.]
80.28.160 Testing apparatus to be furnished. Every
gas company, electrical company and water company shall
prepare and maintain such suitable premises, apparatus and
facilities as may be required and approved by the commission for testing and proving the accuracy of gas, electric or
water meters furnished for use by it by which apparatus
every meter may be tested. [1961 c 14 § 80.28.160. Prior:
1911 c 117 § 74, part; RRS § 10410, part.]
80.28.170 Testing at consumer’s request. If any
consumer to whom a meter has been furnished shall request
the commission in writing to inspect such meter, the commission shall have the same inspected and tested, and if the
same, on being so tested, shall be found to be more than
four percent if an electric meter, or more than two percent
if a gas meter, or more than two percent if a water meter,
defective or incorrect to the prejudice of the consumer, the
expense of such inspection and test shall be borne by the gas
company, electrical company or water company, and if the
[Title 80 RCW—page 30]
same, on being so tested shall be found to be correct within
the limits of error prescribed by the provisions of this
section, the expense of such inspection and test shall be
borne by the consumer. [1961 c 14 § 80.28.170. Prior:
1911 c 117 § 74, part; RRS § 10410, part.]
80.28.180 Rules and regulations. The commission
shall prescribe such rules and regulations to carry into effect
the provisions of RCW 80.28.140 through 80.28.170 as it
may deem necessary, and shall fix the uniform and reasonable charges for the inspection and testing of meters upon
complaint. [1961 c 14 § 80.28.180. Prior: 1911 c 117 §
74, part; RRS § 10410, part.]
80.28.185 Water companies within counties—
Commission may regulate. The commission may develop
and enter into an agreement with a county to carry out the
regulatory functions of this chapter with regard to water
companies located within the boundary of that county. The
duration of the agreement, the duties to be performed, and
the remuneration to be paid by the commission are subject
to agreement by the commission and the county. [1989 c
207 § 6.]
80.28.190 Gas companies—Certificate—Violations—
Commission powers—Penalty—Fees. No gas company
shall, after January 1, 1956, operate in this state any gas
plant for hire without first having obtained from the commission under the provisions of this chapter a certificate
declaring that public convenience and necessity requires or
will require such operation and setting forth the area or areas
within which service is to be rendered; but a certificate shall
be granted where it appears to the satisfaction of the commission that such gas company was actually operating in
good faith, within the confines of the area for which such
certificate shall be sought, on June 8, 1955. Any right,
privilege, certificate held, owned or obtained by a gas
company may be sold, assigned, leased, transferred or
inherited as other property, only upon authorization by the
commission. The commission shall have power, after
hearing, when the applicant requests a certificate to render
service in an area already served by a certificate holder
under this chapter only when the existing gas company or
companies serving such area will not provide the same to the
satisfaction of the commission and in all other cases, with or
without hearing, to issue said certificate as prayed for; or for
good cause shown to refuse to issue same, or to issue it for
the partial exercise only of said privilege sought, and may
attach to the exercise of the rights granted by said certificate
such terms and conditions as, in its judgment, the public
convenience and necessity may require.
The commission may, at any time, by its order duly
entered after a hearing had upon notice to the holder of any
certificate hereunder, and an opportunity to such holder to be
heard, at which it shall be proven that such holder wilfully
violates or refuses to observe any of its proper orders, rules
or regulations, suspend, revoke, alter or amend any certificate issued under the provisions of this section, but the
holder of such certificate shall have all the rights of rehearing, review and appeal as to such order of the commission
as is provided herein.
(2002 Ed.)
Gas, Electrical, and Water Companies
In all respects in which the commission has power and
authority under this chapter applications and complaints may
be made and filed with it, process issued, hearings held,
opinions, orders and decisions made and filed, petitions for
rehearing filed and acted upon, and petitions for writs of
review to the superior court filed therewith, appeals or
mandate filed with the supreme court or the court of appeals
of this state considered and disposed of by said courts in the
manner, under the conditions, and subject to the limitations
and with the effect specified in the Washington utilities and
transportation commission laws of this state.
Every officer, agent, or employee of any corporation,
and every other person who violates or fails to comply with,
or who procures, aids or abets in the violation of any of the
provisions of this section or who fails to obey, observe or
comply with any order, decision, rule or regulation, directive,
demand or requirements, or any provision of this section, is
guilty of a gross misdemeanor and punishable as such.
Neither this section, RCW 80.28.200, 80.28.210, nor any
provisions thereof shall apply or be construed to apply to
commerce with foreign nations or commerce among the
several states of this union except insofar as the same may
be permitted under the provisions of the Constitution of the
United States and acts of congress.
The commission shall collect the following miscellaneous fees from gas companies: Application for a certificate
of public convenience and necessity or to amend a certificate, twenty-five dollars; application to sell, lease, mortgage
or transfer a certificate of public convenience and necessity
or any interest therein, ten dollars. [1971 c 81 § 141; 1961
c 14 § 80.28.190. Prior: 1955 c 316 § 4.]
80.28.200 Gas companies—Refunds of charges.
Whenever any gas company whose rates are subject to the
jurisdiction of the commission shall receive any refund of
amounts charged and collected from it on account of natural
gas purchased by it, by reason of any reduction of rates or
disallowance of an increase in rates of the seller of such
natural gas pursuant to an order of the federal power
commission, whether such refund shall be directed by the
federal power commission or by any court upon review of
such an order or shall otherwise accrue to such company, the
commission shall have power after a hearing, upon its own
motion, upon complaint, or upon the application of such
company, to determine whether or not such refund should be
passed on, in whole or in part, to the consumers of such
company and to order such company to pass such refund on
to its consumers, in the manner and to the extent determined
just and reasonable by the commission. [1961 c 14 §
80.28.200. Prior: 1955 c 316 § 5.]
80.28.205 Enforcement of federal laws covering gas
pipeline safety—Request for federal delegation of authority. (1) The commission shall seek and accept federal
delegation for the commission’s inspectors as federal agents
for the purposes of enforcement of federal laws covering gas
pipeline safety and the associated federal rules, as they exist
on March 28, 2000. The commission shall establish and
submit to the United States secretary of transportation an
inspection program that complies with requirements for
delegated interstate agent inspection authority. If the
(2002 Ed.)
80.28.190
secretary of transportation delegates inspection authority to
the state as provided in this subsection, the commission, at
a minimum, shall do the following:
(a) Inspect gas pipelines periodically as specified in the
inspection program;
(b) Collect fees;
(c) Order and oversee the testing of gas pipelines as
authorized by federal law and regulation; and
(d) File reports with the United States secretary of transportation as required to maintain the delegated authority.
(2) The commission shall also seek federal authority to
adopt safety standards related to the monitoring and testing
of interstate gas pipelines.
(3) Upon designation under subsection (1) of this
section or under a grant of authority under subsection (2) of
this section, to the extent authorized by federal law, the
commission shall adopt rules for interstate gas pipelines that
are no less stringent than the state’s laws and rules for intrastate gas pipelines. [2000 c 191 § 10.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
80.28.207 Commission inspection of records, maps,
or written procedures. The commission may inspect any
record, map, or written procedure required by federal law to
be kept by a gas pipeline company concerning the reporting
of gas releases, and the design, construction, testing, or
operation and maintenance of gas pipelines. [2000 c 191 §
12.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
80.28.210 Safety rules—Pipeline transporters—
Penalty. Every person or corporation transporting natural
gas by pipeline, or having for one or more of its principal
purposes the construction, maintenance or operation of pipelines for transporting natural gas, in this state, even though
such person or corporation not be a public service company
under chapter 80.28 RCW, and even though such person or
corporation does not deliver, sell or furnish any such gas to
any person or corporation within this state, shall be subject
to regulation by the utilities and transportation commission
insofar as the construction and operation of such facilities
shall affect matters of public safety, and every such company
shall construct and maintain such facilities as will be safe
and efficient. The commission shall have the authority to
prescribe rules and regulations to effectuate the purpose of
this enactment. Every such person and every such officer,
agent and employee of a corporation who, as an individual
or as an officer or agent of such corporation, violates or fails
to comply with, or who procures, aids, or abets another, or
his company, in the violation of, or noncompliance with, any
provision of this section or any order, rule or requirement of
the commission hereunder, shall be guilty of a gross misdemeanor. [1969 ex.s. c 210 § 2; 1961 c 14 § 80.28.210.
Prior: 1955 c 316 § 6.]
80.28.212 Safety rules—Civil penalty for violation
of RCW 80.28.210 or regulations issued thereunder—
Level of penalty—Compromise—Disposition of penalty.
[Title 80 RCW—page 31]
80.28.212
Title 80 RCW: Public Utilities
Any gas company which violates any provision of RCW
80.28.210 as now exists or is later amended or of any
regulation issued thereunder, shall be subject to a civil
penalty to be directly assessed by the commission. The level
of such penalty shall be set by rule by the commission and
shall not exceed the penalties specified in federal pipeline
safety laws (49 U.S.C. 60101 et seq.) in effect on July 23,
1995. Any civil penalty may be compromised by the
commission. In determining the amount of the penalty, or
the amount agreed upon and compromised, the appropriateness of the penalty to the size of the business of the person
charged, the gravity of the violation, and the good faith of
the gas company charged in attempting to achieve compliance after notification of the violation, shall be considered.
The amount of the penalty, when finally determined, or the
amount agreed upon and compromised, may be recovered in
a civil action in the superior court of Thurston county or of
some other county in which such violator may do business.
In all such actions for recovery the procedure and rules of
evidence shall be the same as in ordinary civil actions. All
penalties recovered under this title shall be paid into the state
treasury and credited to the public service revolving fund.
[1995 c 247 § 1; 1969 ex.s. c 210 § 3.]
80.28.215 Gas pipeline company duties after notice
of excavation. A gas pipeline company that has been
notified by an excavator that excavation work will occur
near a gas transmission pipeline shall ensure that the pipeline
company’s representative consults with the excavator on-site
prior to the excavation. The gas pipeline company has the
discretion to require that the pipeline section in the vicinity
of the excavation is fully uncovered and examined for
damage prior to being reburied. [2000 c 191 § 22.]
Intent—Findings—Conflict with federal requirements—Short
title—Effective date—2000 c 191: See RCW 81.88.005 and 81.88.900
through 81.88.902.
80.28.220 Gas companies—Right of eminent
domain—Purposes. Every corporation having for one of its
principal purposes the transmission, distribution, sale, or
furnishing of natural gas or other type gas for light, heat, or
power and holding and owning a certificate of public
convenience and necessity from the utilities and transportation commission authorizing the operation of a gas plant,
may appropriate, by condemnation, lands and property and
interests therein, for the transmission, distribution, sale, or
furnishing of such natural gas or other type gas through gas
mains or pipelines under the provisions of chapter 8.20
RCW. [1961 c 14 § 80.28.220. Prior: 1957 c 191 § 1.]
80.28.230 Gas companies—Use for purpose acquired exclusive—Disposition of property. Any property
or interest acquired as provided in RCW 80.28.220 shall be
used exclusively for the purposes for which it was acquired:
PROVIDED, HOWEVER, That if any such property be sold
or otherwise disposed of by said corporations, such sale or
disposition shall be by public sale or disposition and advertised in the manner of public sales in the county where such
property is located. [1961 c 14 § 80.28.230. Prior: 1957 c
191 § 2.]
[Title 80 RCW—page 32]
80.28.240 Recovery of damages by utility company
for tampering, unauthorized connections, diversion of
services. (1) A utility may bring a civil action for damages
against any person who commits, authorizes, solicits, aids,
abets, or attempts to:
(a) Divert, or cause to be diverted, utility services by
any means whatsoever;
(b) Make, or cause to be made, any connection or
reconnection with property owned or used by the utility to
provide utility service without the authorization or consent
of the utility;
(c) Prevent any utility meter or other device used in
determining the charge for utility services from accurately
performing its measuring function by tampering or by any
other means;
(d) Tamper with any property owned or used by the
utility to provide utility services; or
(e) Use or receive the direct benefit of all or a portion
of the utility service with knowledge of, or reason to believe
that, the diversion, tampering, or unauthorized connection
existed at the time of the use or that the use or receipt was
without the authorization or consent of the utility.
(2) In any civil action brought under this section, the
utility may recover from the defendant as damages three
times the amount of actual damages, if any, plus the cost of
the suit and reasonable attorney’s fees, plus the costs
incurred on account of the bypassing, tampering, or unauthorized reconnection, including but not limited to costs and
expenses for investigation, disconnection, reconnection,
service calls, and expert witnesses.
(3) Any damages recovered under this section in excess
of the actual damages sustained by the utility may be taken
into account by the utilities and transportation commission
or other applicable rate-making agency in establishing utility
rates.
(4) As used in this section:
(a) "Customer" means the person in whose name a
utility service is provided;
(b) "Divert" means to change the intended course or
path of electricity, gas, or water without the authorization or
consent of the utility;
(c) "Person" means any individual, partnership, firm,
association, or corporation or government agency;
(d) "Reconnection" means the commencement of utility
service to a customer or other person after service has been
lawfully disconnected by the utility;
(e) "Tamper" means to rearrange, injure, alter, interfere
with, or otherwise prevent from performing the normal or
customary function;
(f) "Utility" means any electrical company, gas company, or water company as those terms are defined in RCW
80.04.010, and includes any electrical, gas, or water system
operated by any public agency; and
(g) "Utility service" means the provision of electricity,
gas, water, or any other service or commodity furnished by
the utility for compensation. [1989 c 11 § 30; 1985 c 427
§ 1.]
Severability—1989 c 11: See note following RCW 9A.56.220.
80.28.250 Water companies—Fire hydrants. A city,
town or county may, by ordinance or resolution, require a
(2002 Ed.)
Gas, Electrical, and Water Companies
80.28.250
water company to maintain fire hydrants in the area served
by the water company. The utilities and transportation commission has no authority to waive this obligation. [1986 c
119 § 1.]
health. This immunity shall expire on the earlier of the date
the plan of improvements is completed or four years from
the date of assuming responsibility. This immunity does not
apply to intentional injuries, fraud, or bad faith. [1994 c 292
§ 9.]
80.28.260 Adoption of policies to provide financial
incentives for energy efficiency programs. (1) The
commission shall adopt a policy allowing an incentive rate
of return on investment (a) for payments made under RCW
19.27A.035 and (b) for programs that improve the efficiency
of energy end use if priority is given to senior citizens and
low-income citizens in the course of carrying out such
programs. The incentive rate of return on investments set
forth in this subsection is established by adding an increment
of two percent to the rate of return on common equity
permitted on the company’s other investments.
(2) The commission shall consider and may adopt a
policy allowing an incentive rate of return on investment in
additional programs to improve the efficiency of energy end
use or other incentive policies to encourage utility investment in such programs.
(3) The commission shall consider and may adopt other
policies to protect a company from a reduction of short-term
earnings that may be a direct result of utility programs to
increase the efficiency of energy use. These policies may
include allowing a periodic rate adjustment for investments
in end use efficiency or allowing changes in price structure
designed to produce additional new revenue. [1996 c 186 §
520; 1990 c 2 § 9.]
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Effective dates—1990 c 2: See note following RCW 19.27.040.
Findings—Severability—1990 c 2: See notes following RCW
19.27A.015.
80.28.270 Water companies—Extension, installation,
or connection charges. The commission’s jurisdiction over
the rates, charges, practices, acts or services of any water
company shall include any aspect of line extension, service
installation, or service connection. If the charges for such
services are not set forth by specific amount in the
company’s tariff filed with the commission pursuant to RCW
80.28.050, the commission shall determine the fair, just,
reasonable, and sufficient charge for such extension, installation, or connection. In any such proceeding in which there
is no specified tariffed rate, the burden shall be on the
company to prove that its proposed charges are fair, just,
reasonable, and sufficient. [1991 c 101 § 2.]
80.28.275 Water companies—Assumption of
substandard water system—Limited immunity from liability. A water company assuming responsibility for a water
system that is not in compliance with state or federal
requirements for public drinking water systems, and its
agents and employees, are immune from lawsuits or causes
of action, based on noncompliance with state or federal
requirements for public drinking water systems, which
predate the date of assuming responsibility and continue after
the date of assuming responsibility, provided that the water
company has submitted and is complying with a plan and
schedule of improvements approved by the department of
(2002 Ed.)
80.28.280 Compressed natural gas—Motor vehicle
refueling stations—Public interest. The legislature finds
that compressed natural gas offers significant potential to
reduce vehicle emissions and to significantly decrease dependence on petroleum-based fuels. The legislature also
finds that well-developed and convenient refueling systems
are imperative if compressed natural gas is to be widely used
by the public. The legislature declares that the development
of compressed natural gas refueling stations are in the public
interest. Nothing in this section and RCW 80.28.290 is intended to alter the regulatory practices of the commission or
allow the subsidization of one ratepayer class by another.
[1991 c 199 § 216.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Clean fuel: RCW 70.120.210.
80.28.290 Compressed natural gas—Refueling
stations—Identify barriers. The commission shall identify
barriers to the development of refueling stations for vehicles
operating on compressed natural gas, and shall develop
policies to remove such barriers. In developing such
policies, the commission shall consider providing rate
incentives to encourage natural gas companies to invest in
the infrastructure required by such refueling stations. [1991
c 199 § 217.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
80.28.300 Gas, electrical companies authorized to
provide customers with landscaping information and to
request voluntary donations for urban forestry. (1) Gas
companies and electrical companies under this chapter may
provide information to their customers regarding landscaping
that includes tree planting for energy conservation.
(2) Gas companies and electrical companies under this
chapter may request voluntary donations from their customers for the purposes of urban forestry. The request may be
in the form of a check-off on the billing statement or other
form of a request for a voluntary donation. [1993 c 204 §
4.]
Findings—1993 c 204: See note following RCW 35.92.390.
80.28.303 Conservation service tariff—Contents of
filing—Rate base—Duties of commission. (1) An electrical, gas, or water company may file a conservation service
tariff with the commission. The tariff shall provide:
(a) The terms and conditions upon which the company
will offer the conservation measures and services specified
in the tariff;
(b) The period of time during which the conservation
measures and services will be offered; and
[Title 80 RCW—page 33]
80.28.303
Title 80 RCW: Public Utilities
(c) The maximum amount of expenditures to be made
during a specified time period by the company on conservation measures and services specified in the tariff.
(2) The commission has the same authority with respect
to a proposed conservation service tariff as it has with regard
to any other schedule or classification the effect of which is
to change any rate or charge, including, without limitation,
the power granted by RCW 80.04.130 to conduct a hearing
concerning a proposed conservation service tariff and the
reasonableness and justness thereof, and pending such
hearing and the decision thereon the commission may
suspend the operation of the tariff for a period not exceeding
ten months from the time the tariff would otherwise go into
effect.
(3) An electrical, gas, or water company may from time
to time apply to the commission for a determination that
specific expenditures may under its tariff constitute bondable
conservation investment. A company may request this
determination by the commission in separate proceedings for
this purpose or in connection with a general rate case. The
commission may designate the expenditures as bondable
conservation investment as defined in RCW 80.28.005(1) if
it finds that such designation is in the public interest.
(4) The commission shall include in rate base all
bondable conservation investment. The commission shall
approve rates for service by electrical, gas, and water
companies at levels sufficient to recover all of the expenditures of the bondable conservation investment included in
rate base and the costs of equity and debt capital associated
therewith, including, without limitation, the payment of
principal, premium, if any, and interest on conservation
bonds. The rates so determined may be included in general
rate schedules or may be expressed in one or more separate
rate schedules. The commission shall not revalue bondable
conservation investment for rate-making purposes, to
determine that revenues required to recover bondable
conservation investment and associated equity and debt
capital costs are unjust, unreasonable, or in any way impair
or reduce the value of conservation investment assets or that
would impair the timing or the amount of revenues arising
with respect to conservation investment assets that have been
pledged to secure conservation bonds.
(5) Nothing in this chapter precludes the commission
from adopting or continuing other conservation policies and
programs intended to provide incentives for and to encourage
utility investment in improving the efficiency of energy or
water end use. However, the policies or programs shall not
impair conservation investment assets. This chapter is not
intended to be an exclusive or mandatory approach to
conservation programs for electrical, gas, and water companies, and no such company is obligated to file conservation
service tariffs under this chapter, to apply to the commission
for a determination that conservation costs constitute
bondable conservation investment within the meaning of this
chapter, or to issue conservation bonds.
(6)(a) If a customer of an electrical, gas, or water
company for whose benefit the company made expenditures
for conservation measures or services ceases to be a customer of such company for one or more of the following
reasons, the commission may require that the portion of such
conservation expenditures that had been included in rate base
[Title 80 RCW—page 34]
but not theretofore recovered in the rates of such company
be removed from the rate base of the company:
(i) The customer ceases to be a customer of the supplier
of energy or water, and the customer repays to the company
the portion of the conservation expenditures made for the
benefit of such customer that has not theretofore been recovered in rates of the company; or
(ii) The company sells its property used to serve such
customer and the customer ceases to be a customer of the
company as a result of such action.
(b) An electrical, gas, or water company may include in
a contract for a conservation measure or service, and the
commission may by rule or order require to be included in
such contracts, a provision requiring that, if the customer
ceases to be a customer of that supplier of energy or water,
the customer shall repay to the company the portion of the
conservation expenditures made for the benefit of such
customer that has not theretofore been recovered in rates of
the company. [1994 c 268 § 2.]
80.28.306 Conservation bonds—Conservation
investment assets as collateral—Priority of security
interests—Transfers. (1) Electrical, gas, and water companies, or finance subsidiaries, may issue conservation bonds
upon approval by the commission.
(2) Electrical, gas, and water companies, or finance
subsidiaries may pledge conservation investment assets as
collateral for conservation bonds by obtaining an order of the
commission approving an issue of conservation bonds and
providing for a security interest in conservation investment
assets. A security interest in conservation investment assets
is created and perfected only upon entry of an order by the
commission approving a contract governing the granting of
the security interest and the filing with the department of licensing of a UCC-1 financing statement, showing such
pledgor as "debtor" and identifying such conservation
investment assets and the bondable conservation investment
associated therewith. The security interest is enforceable
against the debtor and all third parties, subject to the rights
of any third parties holding security interests in the conservation investment assets perfected in the manner described in
this section, if value has been given by the purchasers of
conservation bonds. An approved security interest in
conservation investment assets is a continuously perfected
security interest in all revenues and proceeds arising with
respect to the associated bondable conservation investment,
whether or not such revenues have accrued. Upon such
approval, the priority of such security interest shall be as set
forth in the contract governing the conservation bonds.
Conservation investment assets constitute property for the
purposes of contracts securing conservation bonds whether
or not the related revenues have accrued.
(3) The relative priority of a security interest created
under this section is not defeated or adversely affected by
the commingling of revenues arising with respect to conservation investment assets with other funds of the debtor. The
holders of conservation bonds shall have a perfected security
interest in all cash and deposit accounts of the debtor in
which revenues arising with respect to conservation investment assets pledged to such holders have been commingled
with other funds, but such perfected security interest is
(2002 Ed.)
Gas, Electrical, and Water Companies
limited to an amount not greater than the amount of such
revenues received by the debtor within twelve months before
(a) any default under the conservation bonds held by the
holders or (b) the institution of insolvency proceedings by or
against the debtor, less payments from such revenues to the
holders during such twelve-month period. If an event of
default occurs under an approved contract governing conservation bonds, the holders of conservation bonds or their
authorized representatives, as secured parties, may foreclose
or otherwise enforce the security interest in the conservation
investment assets securing the conservation bonds, subject to
the rights of any third parties holding prior security interests
in the conservation investment assets perfected in the manner
provided in this section. Upon application by the holders of
[or] their representatives, without limiting their other
remedies, the commission shall order the sequestration and
payment to the holders or their representatives of revenues
arising with respect to the conservation investment assets
pledged to such holders. Any such order shall remain in full
force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the
debtor. Any surplus in excess of amounts necessary to pay
principal, premium, if any, interest, and expenses arising
under the contract governing the conservation bonds shall be
remitted to the debtor electrical, gas, or water company or
the debtor finance subsidiary.
(4) The granting, perfection, and enforcement of security
interests in conservation investment assets to secure conservation bonds is governed by this chapter rather than by
*chapter 62A.9 RCW.
(5) A transfer of conservation investment assets by an
electrical, gas, or water company to a finance subsidiary,
which such parties have in the governing documentation
expressly stated to be a sale or other absolute transfer, in a
transaction approved in an order issued by the commission
and in connection with the issuance by such finance subsidiary of conservation bonds, shall be treated as a true sale,
and not as a pledge or other financing, of such conservation
investment assets. According the holders of conservation
bonds a preferred right to revenues of the electrical, gas, or
water company, or the provision by such company of other
credit enhancement with respect to conservation bonds, does
not impair or negate the characterization of any such transfer
as a true sale.
(6) Any successor to an electrical, gas, or water company pursuant to any bankruptcy, reorganization, or other
insolvency proceeding shall perform and satisfy all obligations of the company under an approved contract governing
conservation bonds, in the same manner and to the same
extent as such company before any such proceeding,
including, without limitation, collecting and paying to the
bondholders or their representatives revenues arising with
respect to the conservation investment assets pledged to
secure the conservation bonds. [1994 c 268 § 3.]
*Reviser’s note: Chapter 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
chapter 62A.9A RCW.
80.28.309 Costs as bondable conservation investment. (1) Costs incurred before June 9, 1994, by electrical,
gas, or water companies with respect to energy or water
conservation measures and services intended to improve the
(2002 Ed.)
80.28.306
efficiency of energy or water end use shall constitute
bondable conservation investment for purposes of RCW
80.28.005, 80.28.303, 80.28.306, and this section, if:
(a) The commission has previously issued a rate order
authorizing the inclusion of such costs in rate base; and
(b) The commission authorizes the issuance of conservation bonds secured by conservation investment assets
associated with such costs.
(2) If costs incurred before June 9, 1994, by electrical,
gas, or water companies with respect to energy or water
conservation measures intended to improve the efficiency of
energy or water end use have not previously been considered
by the commission for inclusion in rate base, an electrical,
gas, or water company may apply to the commission for
approval of such costs. If the commission finds that the
expenditures are a bondable conservation investment, the
commission shall by order designate such expenditures as
bondable conservation investment, which shall be subject to
RCW 80.28.005, 80.28.303, 80.28.306, and this section.
[1994 c 268 § 4.]
80.28.310 Tariff for irrigation pumping service—
Authority for electrical companies to buy back electricity.
Upon request by an electrical company, the commission may
approve a tariff for irrigation pumping service that allows the
company to buy back electricity from customers to reduce
electricity usage by those customers during the electrical
company’s particular irrigation season. [2001 c 122 § 1.]
Effective date—2001 c 122: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 27, 2001]." [2001 c 122 § 7.]
Chapter 80.32
ELECTRIC FRANCHISES AND RIGHTS OF WAY
Sections
80.32.010
80.32.040
80.32.050
80.32.060
80.32.070
80.32.080
80.32.090
80.32.100
Franchises
Cities and counties may grant franchises—Procedure—
Liability to restore road for travel.
Grant of franchise subject to referendum.
Sale or lease of plant and franchises.
Eminent domain.
Right of entry.
Duties of electrical companies exercising power of eminent
domain.
Limitation on use of electricity.
Remedy for violations.
on state highways: Chapter 47.44 RCW.
80.32.010 Cities and counties may grant franchises—Procedure—Liability to restore road for travel. The
legislative authority of the city or town having control of any
public street or road, or, where the street or road is not
within the limits of any incorporated city or town, then the
county legislative authority of the county wherein the road
or street is situated, may grant authority for the construction,
maintenance and operation of transmission lines for transmitting electric power, together with poles, wires and other
appurtenances, upon, over, along and across any such public
street or road, and in granting this authority the legislative
authority of the city or town, or the county legislative
authority, as the case may be, may prescribe the terms and
conditions on which the transmission line and its appurte[Title 80 RCW—page 35]
80.32.010
Title 80 RCW: Public Utilities
nances, shall be constructed, maintained and operated upon,
over, along and across the road or street, and the grade or
elevation at which the same shall be constructed, maintained
and operated: PROVIDED, That on application being made
to the county legislative authority for such authority, the
county legislative authority shall fix a time and place for
hearing the same, and shall cause the county auditor to give
public notice thereof at the expense of the applicant, by
posting written or printed notices in three public places in
the county seat of the county, and in at least one conspicuous place on the road or street or part thereof, for which
application is made, at least fifteen days before the day fixed
for such hearing, and by publishing a like notice once a
week for two consecutive weeks in the official county
newspaper, the last publication to be at least five days before
the day fixed for the hearing, which notice shall state the
name or names of the applicant or applicants, a description
of the roads or streets or parts thereof for which the application is made, and the time and place fixed for the hearing.
The hearing may be adjourned from time to time by order of
the county legislative authority. If after such hearing the
county legislative authority shall deem it to be for the public
interest to grant the authority in whole or in part, it may
make and enter the proper order granting the authority
applied for or such part thereof as it deems to be for the
public interest, and shall require the transmission line and its
appurtenances to be placed in such location on or along the
road or street as it finds will cause the least interference with
other uses of the road or street. In case any such transmission line is or shall be located in part on private right of
way, the owner thereof shall have the right to construct and
operate the same across any county road or county street
which intersects the private right of way, if the crossing is
so constructed and maintained as to do no unnecessary
damage: PROVIDED, That any person or corporation
constructing the crossing or operating the transmission line
on or along the county road or county street shall be liable
to the county for all necessary expense incurred in restoring
the county road or county street to a suitable condition for
travel. [1985 c 469 § 62; 1961 c 14 § 80.32.010. Prior:
1903 c 173 § 1; RRS § 5430. Formerly RCW 80.32.010,
80.32.020, and 80.32.030.]
80.32.040 Grant of franchise subject to referendum.
All grants of franchises or rights for the conduct or distribution of electric energy, electric power, or electric light within
any city or town of the state of Washington by the city
council or other legislative body or legislative authority
thereof, whether granted by ordinance, resolution, or other
form of grant, contract, permission or license, shall be
subject to popular referendum under the general laws of this
state heretofore or hereafter enacted, or as may be provided
by the charter provisions, heretofore or hereafter adopted, of
any such city or town: PROVIDED, That no petition for
referendum may be filed after six months from the date of
ordinance, resolution, or other form of grant, contract,
permission, or license granting such franchise. [1961 c 14
§ 80.32.040. Prior: (i) 1941 c 114 § 1; Rem. Supp. 1941 §
5430-1. (ii) 1941 c 114 § 2; Rem. Supp. 1941 § 5430-2.]
[Title 80 RCW—page 36]
80.32.050 Sale or lease of plant and franchises.
Any corporation incorporated or that may hereafter be
incorporated under the laws of this state or any state or
territory of the United States, for the purpose of manufacturing, transmitting or selling electric power, may lease or
purchase and operate (except in cases where such lease or
purchase is prohibited by the Constitution of this state) the
whole or any part of the plant for manufacturing or distributing electric power or energy of any other corporation,
heretofore or hereafter constructed, together with the
franchises, powers, immunities and all other property or
appurtenances appertaining thereto: PROVIDED, That such
lease or purchase has been or shall be consented to by
stockholders of record holding at least two-thirds in amount
of the capital stock or the lessor or grantor corporation; and
all such leases and purchases made or entered into prior to
the effective date of chapter 173, Laws of 1903, by consent
of stockholders as aforesaid are for all intents and purposes
hereby ratified and confirmed, saving, however, any vested
rights of private parties. [1961 c 14 § 80.32.050. Prior:
1903 c 173 § 3; RRS § 5431.]
80.32.060 Eminent domain. Every corporation,
incorporated or that may hereafter be incorporated under the
laws of this state, or of any other state or territory of the
United States, and doing business in this state, for the
purpose of manufacturing or transmitting electric power,
shall have the right to appropriate real estate and other
property for right-of-way or for any corporate purpose, in the
same manner and under the same procedure as now is or
may hereafter be provided by law in the case of ordinary
railroad corporations authorized by the laws of this state to
exercise the right of eminent domain: PROVIDED, That
such right of eminent domain shall not be exercised with
respect to any public road or street until the location of the
transmission line thereon has been authorized in accordance
with RCW 80.32.010. [1961 c 14 § 80.32.060. Prior: 1903
c 173 § 2; No RRS.]
Eminent domain by corporations generally: Chapter 8.20 RCW.
80.32.070 Right of entry. Every such corporation
shall have the right to enter upon any land between the
termini of the proposed lines for the purpose of examining,
locating and surveying such lines, doing no unnecessary
damage thereby. [1961 c 14 § 80.32.070. Prior: 1899 c 94
§ 2; RRS § 11085.]
80.32.080 Duties of electrical companies exercising
power of eminent domain. Any corporation authorized to
do business in this state, which, under the present laws of
the state, is authorized to condemn property for the purpose
of generating and transmitting electrical power for the
operation of railroads or railways, or for municipal lighting,
and which by its charter or articles of incorporation, assumes
the additional right to sell electric power and electric light to
private consumers outside the limits of a municipality and to
sell electric power to private consumers within the limits of
a municipality, which shall provide in its articles that in
respect of the purposes mentioned in this section it will
assume and undertake to the state and to the inhabitants
thereof the duties and obligations of a public service corpo(2002 Ed.)
Electric Franchises and Rights of Way
ration, shall be deemed to be in respect of such purposes a
public service corporation, and shall be held to all the duties,
obligations and control, which by law are or may be imposed
upon public service corporations. Any such corporation shall
have the right to sell electric light outside the limits of a
municipality and electric power both inside and outside such
limits to private consumers from the electricity generated and
transmitted by it for public purposes and not needed by it
therefor: PROVIDED, That such corporation shall furnish
such excess power at equal rates, quantity and conditions
considered, to all consumers alike, and shall supply it to the
first applicants therefor until the amount available shall be
exhausted: PROVIDED FURTHER, That no such corporation shall be obliged to furnish such excess power to any one
consumer to an amount exceeding twenty-five percent of the
total amount of such excess power generated or transmitted
by it. In exercising the power of eminent domain for public
purposes it shall not be an objection thereto that a portion of
the electric current generated will be applied to private
purposes, provided the principal uses intended are public:
PROVIDED, That all public service or quasi public service
corporations shall at no time sell, deliver and dispose of
electrical power in bulk to manufacturing concerns at the
expense of its public service functions, and any person, firm
or corporation that is a patron of such corporation as to such
public function, shall have the right to apply to any court of
competent jurisdiction to correct any violation of the
provisions of RCW 80.32.080 through 80.32.100. [1961 c
14 § 80.32.080. Prior: 1907 c 159 § 1; RRS § 5432.]
Chapter 80.36
TELECOMMUNICATIONS
Sections
80.36.005
80.36.010
80.36.020
80.36.030
80.36.040
80.36.050
80.36.060
80.36.070
80.36.080
80.36.090
80.36.100
80.36.110
80.36.120
80.36.130
80.36.135
80.36.140
80.36.145
80.36.150
80.36.160
80.36.170
80.36.180
80.36.183
80.36.186
80.36.190
80.36.195
80.32.090 Limitation on use of electricity. Whenever any corporation has acquired any property by decree of
appropriation based on proceedings in court under the
provisions of RCW 80.32.080 through 80.32.100, no portion
of the electricity generated or transmitted by it by means of
the property appropriated under the provisions of RCW
80.32.080 through 80.32.100 shall be used or applied by
such corporation for or to a business or trade not under the
present laws deemed public or quasi public conducted by
itself. [1961 c 14 § 80.32.090. Prior: 1907 c 159 § 2; RRS
§ 5433.]
80.36.200
80.36.210
80.36.220
80.36.225
80.32.100 Remedy for violations. In the event of the
violation of any of the requirements of RCW 80.32.080 and
80.32.090 by any corporation availing itself of its provisions,
an appropriate suit may be maintained in the name of the
state upon the relation of the attorney general, or, if he shall
refuse or neglect to act, upon the relation of any individual
aggrieved by the violation, or violations, complained of, to
compel such corporation to comply with the requirements of
RCW 80.32.080 and 80.32.090. A violation of RCW
80.32.080 and 80.32.090 shall cause the forfeiture of the
corporate franchise if the corporation refuses or neglects to
comply with the orders with respect thereto made in the suit
herein provided for. [1961 c 14 § 80.32.100. Prior: 1907
c 159 § 3; RRS § 5434.]
80.36.320
80.36.230
80.36.240
80.36.250
80.36.260
80.36.270
80.36.300
80.36.310
80.36.330
80.36.340
80.36.350
80.36.360
80.36.370
80.36.375
80.36.390
80.36.400
80.36.410
80.36.420
80.36.430
80.36.440
80.36.450
80.36.460
80.36.470
(2002 Ed.)
80.32.080
Definitions.
Eminent domain.
Right of entry.
Extent of appropriation.
Use of road, street, and railroad right-of-way—When consent of city necessary.
Use of railroad right-of-way—Penalty for refusal by railroad.
Liability for wilful injury to telecommunications property.
Liability for negligent injury to property—Notice of underwater cable.
Rates, services, and facilities.
Service to be furnished on demand.
Tariff schedules to be filed and open to public.
Tariff changes—Statutory notice—Exception.
Joint rates, contracts, etc.
Published rates to be charged—Exceptions.
Alternative regulation of telecommunications companies.
Rates and services fixed by commission, when.
Formal investigation and fact-finding—Alternative to full
adjudicative proceeding.
Contracts filed with commission.
Physical connections may be ordered, routing prescribed,
and joint rates established.
Unreasonable preference prohibited.
Rate discrimination prohibited.
Discounted message toll rates prohibited—Availability of
statewide, averaged toll rates.
Pricing of or access to noncompetitive services—
Unreasonable preference or advantage prohibited.
Long and short distance provision.
Telecommunications relay system—Long distance discount
rates.
Transmission of messages of other lines.
Order of sending messages.
Duty to transmit messages—Penalty for refusal or neglect.
Pay telephones—Calls to operator without charge or coin
insertion to be provided.
Exchange areas for telecommunications companies.
Exchange areas for telephone companies—Procedure to
establish.
Commission may complain of interstate rates.
Betterments may be ordered.
Effect on existing contracts.
Policy declaration.
Classification as competitive telecommunications companies,
services—Initiation of proceedings—Notice and publication—Effective date—Date for final order.
Classification as competitive telecommunications companies,
services—Factors considered—Minimal regulation—
Equal access—Reclassification.
Classification as competitive telecommunications companies,
services—Effective competition defined—Prices and
rates—Reclassification.
Banded rates.
Registration of new companies.
Exempted actions or transactions.
Certain services not regulated.
Personal wireless services—Siting microcells and/or minor
facilities—Definitions.
Telephone solicitation.
Automatic dialing and announcing device—Commercial
solicitation by.
Washington telephone assistance program—Findings.
Washington telephone assistance program—Availability,
components.
Washington telephone assistance program—Excise tax.
Washington telephone assistance program—Rules.
Washington telephone assistance program—Limitation.
Washington telephone assistance program—Deposit waivers,
connection fee discounts.
Washington telephone assistance program—Eligibility.
[Title 80 RCW—page 37]
Chapter 80.36
Title 80 RCW: Public Utilities
80.36.475
Washington telephone assistance program—Report to legislature.
80.36.500 Information delivery services through exclusive number
prefix or service access code.
80.36.510 Legislative finding.
80.36.520 Disclosure of alternate operator services.
80.36.522 Alternate operator service companies—Registration—
Penalties.
80.36.524 Alternate operator service companies—Rules.
80.36.530 Violation of consumer protection act—Damages.
80.36.540 Telefacsimile messages—Unsolicited transmission—
Penalties.
80.36.555 Enhanced 911 service—Residential service required.
80.36.560 Enhanced 911 service—Business service required.
80.36.600 Universal service program—Planning and preparation—
Commission’s duties—Approval of legislature required—Definitions.
80.36.610 Universal service program—Authority of commission—
Rules—Fees—Legislative intent.
80.36.620 Universal service program—Rules.
80.36.850 Extended area service defined.
80.36.855 Extended area service program.
80.36.900 Severability—1985 c 450.
80.36.901 Legislative review of 1985 c 450—1989 c 101.
Arrest by telegraph, validity of telegraphic copy: RCW 10.31.060.
Bills and notes drawn by telegraph, preservation of original: RCW
5.52.040.
Divulging telegraph message: RCW 9.73.010.
Telegraph and telephone companies: State Constitution Art. 12 § 19.
Telegraph communications, generally: Chapter 5.52 RCW.
Use of slugs to operate coin telephones: RCW 9.26A.120.
80.36.005 Definitions. The definitions in this section
apply throughout RCW 80.36.410 through 80.36.475, unless
the context clearly requires otherwise.
(1) "Community agency" means local community
agencies that administer community service voice mail
programs.
(2) "Community service voice mail" means a computerized voice mail system that provides low-income recipients
with: (a) An individually assigned telephone number; (b) the
ability to record a personal greeting; and (c) a private
security code to retrieve messages.
(3) "Department" means the department of social and
health services.
(4) "Service year" means the period between July 1st
and June 30th. [2002 c 104 § 1; 1993 c 249 § 1.]
Effective date—1993 c 249: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 7, 1993]." [1993 c 249 § 4.]
80.36.010 Eminent domain. The right of eminent
domain is hereby extended to all telecommunications
companies organized or doing business in this state. [1985
c 450 § 15; 1961 c 14 § 80.36.010. Prior: 1890 p 292 § 1;
RRS § 11338.]
80.36.020 Right of entry. Every corporation incorporated under the laws of this state or any state or territory of
the United States for the purpose of constructing, operating
or maintaining any telecommunications line in this state shall
have the right to enter upon any land between the termini of
its proposed telecommunications lines for the purpose of
examining, locating and surveying the telecommunications
line, doing no unnecessary damage thereby. [1985 c 450 §
[Title 80 RCW—page 38]
16; 1961 c 14 § 80.36.020. Prior: 1888 p 65 § 1; RRS §
11339.]
80.36.030 Extent of appropriation. Such telecommunications company may appropriate so much land as may be
actually necessary for its telecommunications line, with the
right to enter upon lands immediately adjacent thereto, for
the purpose of constructing, maintaining and operating its
line and making all necessary repair. Such telecommunications company may also, for the purpose aforesaid, enter
upon and appropriate such portion of the right-of-way of any
railroad company as may be necessary for the construction,
maintenance and operation of its telecommunications line:
PROVIDED, That such appropriation shall not obstruct such
railroad of the travel thereupon, nor interfere with the
operation of such railroad. [1985 c 450 § 17; 1961 c 14 §
80.36.030. Prior: 1888 p 66 § 2; RRS § 11342.]
80.36.040 Use of road, street, and railroad right-ofway—When consent of city necessary. Any telecommunications company, or the lessees thereof, doing business in
this state, shall have the right to construct and maintain all
necessary telecommunications lines for public traffic along
and upon any public road, street or highway, along or across
the right-of-way of any railroad corporation, and may erect
poles, posts, piers or abutments for supporting the insulators,
wires and any other necessary fixture of their lines, in such
manner and at such points as not to incommode the public
use of the railroad or highway, or interrupt the navigation of
the waters: PROVIDED, That when the right-of-way of
such corporation has not been acquired by or through any
grant or donation from the United States, or this state, or any
county, city or town therein, then the right to construct and
maintain such lines shall be secured only by the exercise of
right of eminent domain, as provided by law: PROVIDED
FURTHER, That where the right-of-way as herein contemplated is within the corporate limits of any incorporated city,
the consent of the city council thereof shall be first obtained
before such telecommunications lines can be erected thereon.
[1985 c 450 § 18; 1961 c 14 § 80.36.040. Prior: 1890 p
292 § 5; RRS § 11352.]
80.36.050 Use of railroad right-of-way—Penalty for
refusal by railroad. Every railroad operated in this state,
and carrying freight and passengers for hire, or doing
business in this state, is and shall be designated a "post
road," and the corporation or company owning the same
shall allow telecommunications companies to construct and
maintain telecommunications lines on and along the right-ofway of such railroad.
In case of the refusal or neglect of any railroad company or corporation to comply with the provisions of this
section, said company or corporation shall be liable for
damages in the sum of not less than one thousand dollars nor
more than five thousand dollars for each offense, and one
hundred dollars per day during the continuance thereof.
[1985 c 450 § 19; 1961 c 14 § 80.36.050. Prior: (i) 1890
p 292 § 3; RRS § 11340. (ii) 1890 p 293 § 9; RRS §
11356.]
(2002 Ed.)
Telecommunications
80.36.060 Liability for wilful injury to telecommunications property. Any person who wilfully and maliciously
does any injury to any telecommunications property mentioned in RCW 80.36.070, is liable to the company for five
times the amount of actual damages sustained thereby, to be
recovered in any court of competent jurisdiction. [1985 c
450 § 20; 1961 c 14 § 80.36.060. Prior: 1890 p 293 § 7;
RRS § 11354.]
80.36.070 Liability for negligent injury to property—Notice of underwater cable. Any person who injures
or destroys, through want of proper care, any necessary or
useful fixtures of any telecommunications company, is liable
to the company for all damages sustained thereby. Any
vessel which, by dragging its anchor or otherwise, breaks,
injures or destroys the subaqueous cable of a telecommunications company, subjects its owners to the damages
hereinbefore specified.
No telecommunications company can recover damages
for the breaking or injury of any subaqueous telecommunications cable, unless such company has previously erected on
either bank of the waters under which the cable is placed, a
monument indicating the place where the cable lies, and
publishes for one month, in some newspaper most likely to
give notice to navigators, a notice giving a description and
the purpose of the monuments, and the general course,
landings and termini of the cable. [1985 c 450 § 21; 1961
c 14 § 80.36.070. Prior: (i) 1890 p 293 § 6; RRS § 11353.
(ii) 1890 p 293 § 10; RRS § 11357.]
80.36.080 Rates, services, and facilities. All rates,
tolls, contracts and charges, rules and regulations of telecommunications companies, for messages, conversations, services
rendered and equipment and facilities supplied, whether such
message, conversation or service to be performed be over
one company or line or over or by two or more companies
or lines, shall be fair, just, reasonable and sufficient, and the
service so to be rendered any person, firm or corporation by
any telecommunications company shall be rendered and
performed in a prompt, expeditious and efficient manner and
the facilities, instrumentalities and equipment furnished by it
shall be safe, kept in good condition and repair, and its
appliances, instrumentalities and service shall be modern,
adequate, sufficient and efficient. [1985 c 450 § 22; 1961 c
14 § 80.36.080. Prior: 1911 c 117 § 35, part; RRS §
10371, part.]
80.36.090 Service to be furnished on demand.
Every telecommunications company operating in this state
shall provide and maintain suitable and adequate buildings
and facilities therein, or connected therewith, for the accommodation, comfort and convenience of its patrons and
employees.
Every telecommunications company shall, upon reasonable notice, furnish to all persons and corporations who may
apply therefor and be reasonably entitled thereto suitable and
proper facilities and connections for telephonic communication and furnish telephone service as demanded. [1985 c
450 § 23; 1961 c 14 § 80.36.090. Prior: 1911 c 117 § 35,
part; RRS § 10371, part.]
(2002 Ed.)
80.36.060
80.36.100 Tariff schedules to be filed and open to
public. Every telecommunications company shall file with
the commission and shall print and keep open to public
inspection at such points as the commission may designate,
schedules showing the rates, tolls, rentals, and charges of
such companies for messages, conversations and services
rendered and equipment and facilities supplied for messages
and services to be performed within the state between each
point upon its line and all other points thereon, and between
each point upon its line and all points upon every other
similar line operated or controlled by it, and between each
point on its line or upon any line leased, operated or controlled by it and all points upon the line of any other similar
company, whenever a through service and joint rate shall
have been established or ordered between any two such
points. If no joint rate covering a through service has been
established, the several companies in such through service
shall file, print and keep open to public inspection as
aforesaid the separately established rates, tolls, rentals, and
charges applicable for such through service. The schedules
printed as aforesaid shall plainly state the places between
which telecommunications service, or both, will be rendered,
and shall also state separately all charges and all privileges
or facilities granted or allowed, and any rules or regulations
which may in anywise change, affect or determine any of the
aggregate of the rates, tolls, rentals or charges for the service
rendered. A schedule shall be plainly printed in large type,
and a copy thereof shall be kept by every telecommunications company readily accessible to and for convenient
inspection by the public at such places as may be designated
by the commission, which schedule shall state the rates
charged from such station to every other station on such
company’s line, or on any line controlled and used by it
within the state. All or any of such schedules kept as
aforesaid shall be immediately produced by such telecommunications company upon the demand of any person. A
notice printed in bold type, and stating that such schedules
are on file and open to inspection by any person, the places
where the same are kept, and that the agent will assist such
person to determine from such schedules any rate, toll,
rental, rule or regulation which is in force shall be kept
posted by every telecommunications company in a conspicuous place in every station or office of such company. [1989
c 101 § 9; 1985 c 450 § 24; 1961 c 14 § 80.36.100. Prior:
1911 c 117 § 36; RRS § 10372.]
80.36.110 Tariff changes—Statutory notice—
Exception. (1) Except as provided in subsection (2) of this
section, unless the commission otherwise orders, no change
shall be made in any rate, toll, rental, or charge, that was
filed and published by any telecommunications company in
compliance with the requirements of RCW 80.36.100, except
after thirty days’ notice to the commission and publication
for thirty days as required in the case of original schedules
in RCW 80.36.100, which notice shall plainly state the
changes proposed to be made in the schedule then in force,
and the time when the changed rate, toll, or charge will go
into effect, and all proposed changes shall be shown by
printing, filing and publishing new schedules, or shall be
plainly indicated upon the schedules in force at the time and
kept open to public inspection. Proposed changes may be
[Title 80 RCW—page 39]
80.36.110
Title 80 RCW: Public Utilities
suspended by the commission within thirty days or before
the stated effective date of the proposed change, whichever
is later. The commission for good cause shown may allow
changes in rates, charges, tolls, or rentals without requiring
the thirty days’ notice and publication provided for in this
section, by an order specifying the change to be made and
the time when it takes effect, and the manner in which the
change will be filed and published. When any change is
made in any rate, toll, rental, or charge, the effect of which
is to increase any rate, toll, rental, or charge then existing,
attention shall be directed on the copy filed with the commission to the increase by some character immediately
preceding or following the item in the schedule, which
character shall be in such a form as the commission may
designate.
(2) A telecommunications company may file a tariff that
decreases any rate, charge, rental, or toll with ten days’
notice to the commission and publication without receiving
a special order from the commission when the filing does
not contain an offsetting increase to another rate, charge,
rental, or toll, and the filing company agrees not to file for
an increase to any rate, charge, rental, or toll to recover the
revenue deficit that results from the decrease for a period of
one year. [1997 c 166 § 1. Prior: 1989 c 152 § 2; 1989 c
101 § 10; 1985 c 450 § 25; 1961 c 14 § 80.36.110; prior:
1911 c 117 § 37; RRS § 10373.]
80.36.120 Joint rates, contracts, etc. The names of
the several companies which are parties to any joint rates,
tolls, contracts or charges of telecommunications companies
for messages, conversations and service to be rendered shall
be specified therein, and each of the parties thereto, other
than the one filing the same, shall file with the commission
such evidence of concurrence therein or acceptance thereof
as may be required or approved by the commission; and
where such evidence of concurrence or acceptance is filed,
it shall not be necessary for the companies filing the same to
also file copies of the tariff in which they are named as
parties. [1985 c 450 § 26; 1961 c 14 § 80.36.120. Prior:
1911 c 117 § 38; RRS § 10374.]
80.36.130 Published rates to be charged—
Exceptions. (1) Except as provided in RCW 80.04.130 and
80.36.150, no telecommunications company shall charge,
demand, collect or receive different compensation for any
service rendered or to be rendered than the charge applicable
to such service as specified in its schedule on file and in
effect at that time, nor shall any telecommunications company refund or remit, directly or indirectly, any portion of the
rate or charge so specified, nor extend to any person or
corporation any form of contract or agreement or any rule or
regulation or any privilege or facility except such as are
specified in its schedule filed and in effect at the time, and
regularly and uniformly extended to all persons and corporations under like circumstances for like or substantially
similar service.
(2) No telecommunications company subject to the
provisions of this title shall, directly or indirectly, give any
free or reduced service or any free pass or frank for the
transmission of messages by telecommunications between
points within this state, except to its officers, employees,
[Title 80 RCW—page 40]
agents, pensioners, surgeons, physicians, attorneys at law,
and their families, and persons and corporations exclusively
engaged in charitable and eleemosynary work, and ministers
of religion, Young Men’s Christian Associations, Young
Women’s Christian Associations; to indigent and destitute
persons, and to officers and employees of other telecommunications companies, railroad companies, and street railroad
companies.
(3) The commission may accept a tariff that gives free
or reduced rate services for a temporary period of time in
order to promote the use of the services. [1992 c 68 § 2;
1989 c 101 § 11; 1985 c 450 § 27; 1961 c 14 § 80.36.130.
Prior: 1911 c 117 § 40; RRS § 10376. FORMER PART
OF SECTION: 1929 c 96 § 1, part now codified in RCW
81.28.080.]
80.36.135 Alternative regulation of telecommunications companies. (1) The legislature declares that:
(a) Changes in technology and the structure of the
telecommunications industry may produce conditions under
which traditional rate of return, rate base regulation of
telecommunications companies may not in all cases provide
the most efficient and effective means of achieving the
public policy goals of this state as declared in RCW
80.36.300, this section, and RCW 80.36.145. The commission should be authorized to employ an alternative form of
regulation if that alternative is better suited to achieving
those policy goals.
(b) Because of the great diversity in the scope and type
of services provided by telecommunications companies,
alternative regulatory arrangements that meet the varying
circumstances of different companies and their ratepayers
may be desirable.
(2) Subject to the conditions set forth in this chapter and
RCW 80.04.130, the commission may regulate telecommunications companies subject to traditional rate of return, rate
base regulation by authorizing an alternative form of
regulation. The commission may determine the manner and
extent of any alternative forms of regulation as may in the
public interest be appropriate. In addition to the public
policy goals declared in RCW 80.36.300, the commission
shall consider, in determining the appropriateness of any
proposed alternative form of regulation, whether it will:
(a) Facilitate the broad deployment of technological
improvements and advanced telecommunications services to
underserved areas or underserved customer classes;
(b) Improve the efficiency of the regulatory process;
(c) Preserve or enhance the development of effective
competition and protect against the exercise of market power
during its development;
(d) Preserve or enhance service quality and protect
against the degradation of the quality or availability of
efficient telecommunications services;
(e) Provide for rates and charges that are fair, just, reasonable, sufficient, and not unduly discriminatory or preferential; and
(f) Not unduly or unreasonably prejudice or disadvantage any particular customer class.
(3) A telecommunications company or companies
subject to traditional rate of return, rate base regulation may
petition the commission to establish an alternative form of
(2002 Ed.)
Telecommunications
regulation. The company or companies shall submit with the
petition a plan for an alternative form of regulation. The
plan shall contain a proposal for transition to the alternative
form of regulation and the proposed duration of the plan.
The plan must also contain a proposal for ensuring adequate
carrier-to-carrier service quality, including service quality
standards or performance measures for interconnection, and
appropriate enforcement or remedial provisions in the event
the company fails to meet service quality standards or
performance measures. The commission also may initiate
consideration of alternative forms of regulation for a company or companies on its own motion. The commission, after
notice and hearing, shall issue an order accepting, modifying,
or rejecting the plan within nine months after the petition or
motion is filed, unless extended by the commission for good
cause. The commission shall order implementation of the
alternative plan of regulation unless it finds that, on balance,
an alternative plan as proposed or modified fails to meet the
considerations stated in subsection (2) of this section.
(4) Not later than sixty days from the entry of the
commission’s order, the company or companies affected by
the order may file with the commission an election not to
proceed with the alternative form of regulation as authorized
by the commission.
(5) The commission may waive such regulatory requirements under Title 80 RCW for a telecommunications
company subject to an alternative form of regulation as may
be appropriate to facilitate the implementation of this section.
However, the commission may not waive any grant of legal
rights to any person contained in this chapter and chapter
80.04 RCW. The commission may waive different regulatory requirements for different companies or services if such
different treatment is in the public interest.
(6) Upon petition by the company, and after notice and
hearing, the commission may rescind or modify an alternative form of regulation in the manner requested by the
company.
(7) The commission or any person may file a complaint
under RCW 80.04.110 alleging that a telecommunications
company under an alternative form of regulation has not
complied with the terms and conditions set forth in the alternative form of regulation. The complainant shall bear the
burden of proving the allegations in the complaint. [2000 c
82 § 1; 1995 c 110 § 5; 1989 c 101 § 1.]
80.36.140 Rates and services fixed by commission,
when. Whenever the commission shall find, after a hearing
had upon its own motion or upon complaint, that the rates,
charges, tolls or rentals demanded, exacted, charged or
collected by any telecommunications company for the
transmission of messages by telecommunications, or for the
rental or use of any telecommunications line, instrument,
wire, appliance, apparatus or device or any telecommunications receiver, transmitter, instrument, wire, cable, apparatus,
conduit, machine, appliance or device, or any telecommunications extension or extension system, or that the rules,
regulations or practices of any telecommunications company
affecting such rates, charges, tolls, rentals or service are
unjust, unreasonable, unjustly discriminatory or unduly
preferential, or in anywise in violation of law, or that such
rates, charges, tolls or rentals are insufficient to yield reason(2002 Ed.)
80.36.135
able compensation for the service rendered, the commission
shall determine the just and reasonable rates, charges, tolls
or rentals to be thereafter observed and in force, and fix the
same by order as provided in this title.
Whenever the commission shall find, after such hearing
that the rules, regulations or practices of any telecommunications company are unjust or unreasonable, or that the
equipment, facilities or service of any telecommunications
company is inadequate, inefficient, improper or insufficient,
the commission shall determine the just, reasonable, proper,
adequate and efficient rules, regulations, practices, equipment, facilities and service to be thereafter installed, observed and used, and fix the same by order or rule as
provided in this title. [1985 c 450 § 28; 1961 c 14 §
80.36.140. Prior: 1911 c 117 § 55; RRS § 10391.]
80.36.145 Formal investigation and fact-finding—
Alternative to full adjudicative proceeding. (1) The
legislature declares that the availability of an alternative
abbreviated formal procedure for use by the commission
instead of a full adjudicative proceeding may in appropriate
circumstances advance the public interest by reducing the
time required by the commission for decision and the costs
incurred by interested parties and ratepayers. Therefore, the
commission is authorized to use formal investigation and
fact-finding instead of an adjudicative proceeding under
chapter 34.05 RCW when it determines that its use is in the
public interest and that a full adjudicative hearing is not
necessary to fully develop the facts relevant to the proceeding and the positions of the parties, including intervenors.
(2) The commission may use formal investigation and
fact-finding instead of the hearing provided in the following
circumstances:
(a) A complaint proceeding under RCW 80.04.110 with
concurrence of the respondent when the commission is the
complainant or with concurrence of the complainant and
respondent when not the commission;
(b) A tariff suspension under RCW 80.04.130; or
(c) A competitive classification proceeding under RCW
80.36.320 and 80.36.330.
(3) In formal investigation and fact-finding the commission may limit the record to written submissions by the
parties, including intervenors. The commission shall review
the written submissions and, based thereon, shall enter
appropriate findings of fact and conclusions of law and its
order. When there is a reasonable expression of public
interest in the issues under consideration, the commission
shall hold at least one public hearing for the receipt of
information from members of the public that are not formal
intervenors in the proceeding and may elect to convert the
proceeding to an adjudicative proceeding at any stage. The
assignment of an agency employee or administrative law
judge to preside at such public hearing shall not require the
entry of an initial order.
(4) The commission shall adopt rules of practice and
procedure including rules for discovery of information
necessary for the use of formal investigation and fact-finding
and for the filing of written submissions. The commission
may provide by rule for a number of rounds of written
comments: PROVIDED, That the party with the burden of
[Title 80 RCW—page 41]
80.36.145
Title 80 RCW: Public Utilities
proof shall always have the opportunity to file reply comments. [1989 c 101 § 3.]
80.36.150 Contracts filed with commission. (1)
Every telecommunications company shall file with the
commission, as and when required by it, a copy of any contract, agreement or arrangement in writing with any other
telecommunications company, or with any other corporation,
association or person relating in any way to the construction,
maintenance or use of a telecommunications line or service
by, or rates and charges over and upon, any such telecommunications line. The commission shall adopt rules that
provide for the filing by telecommunications companies on
the public record of the essential terms and conditions of
every contract for service. The commission shall not require
that customer proprietary information contained in contracts
be disclosed on the public record.
(2) The commission shall not treat contracts as tariffs or
price lists. The commission may require noncompetitive
service to be tariffed unless the company demonstrates that
the use of a contract is in the public interest based upon a
customer requirement or a competitive necessity for deviation from tariffed rates, terms and conditions, or that the
contract is for a new service with limited demand.
(3) Contracts shall be for a stated time period and shall
cover the costs for the service contracted for, as determined
by commission rule or order. Contracts shall be enforceable
by the contracting parties according to their terms, unless the
contract has been rejected by the commission before its
stated effective date as improper under the commission’s
rules and orders, or the requirements of this chapter. If the
commission finds a contract to be below cost after it has
gone into effect, based on commission rules or orders or the
requirements of this chapter in effect at the time of the
execution of the contract, it may make the appropriate
adjustment to the contracting company’s revenue requirement
in a subsequent proceeding.
(4) Contracts executed and filed prior to July 23, 1989,
are deemed lawful and enforceable by the contracting parties
according to the contract terms. If the commission finds that
any existing contract provides for rates that are below cost,
based on commission rules or orders or the requirements of
this chapter in effect at the time of the execution of the contract, it may make the appropriate adjustment to the contracting company’s revenue requirement in a subsequent proceeding.
(5) If a contract covers competitive and noncompetitive
services, the noncompetitive services shall be unbundled and
priced separately from all other services and facilities in the
contract. Such noncompetitive services shall be made
available to all purchasers under the same or substantially
the same circumstances at the same rate, terms, and conditions. [1989 c 101 § 8; 1985 c 450 § 29; 1961 c 14 §
80.36.150. Prior: 1911 c 117 § 39; RRS § 10375.]
80.36.160 Physical connections may be ordered,
routing prescribed, and joint rates established. In order
to provide toll telephone service where no such service is
available, or to promote the most expeditious handling or
most direct routing of toll messages and conversations, or to
prevent arbitrary or unreasonable practices which may result
[Title 80 RCW—page 42]
in the failure to utilize the toll facilities of all telecommunications companies equitably and effectively, the commission
may, on its own motion, or upon complaint, notwithstanding
any contract or arrangement between telecommunications
companies, investigate, ascertain and, after hearing, by order
(1) require the construction and maintenance of suitable
connections between telephone lines for the transfer of
messages and conversations at a common point or points
and, if the companies affected fail to agree on the proportion
of the cost thereof to be borne by each such company,
prescribe said proportion of cost to be borne by each; and/or
(2) prescribe the routing of toll messages and conversations
over such connections and the practices and regulations to be
followed with respect to such routing; and/or (3) establish
reasonable joint rates or charges by or over said lines and
connections and just, reasonable and equitable divisions
thereof as between the telecommunications companies
participating therein.
This section shall not be construed as conferring on the
commission jurisdiction, supervision or control of the rates,
service or facilities of any mutual, cooperative or farmer line
company or association, except for the purpose of carrying
out the provisions of this section. [1985 c 450 § 30; 1961
c 14 § 80.36.160. Prior: 1943 c 68 § 1; 1923 c 118 § 1;
1911 c 117 § 73; Rem. Supp. 1943 § 10409.]
80.36.170 Unreasonable preference prohibited. No
telecommunications company shall make or give any undue
or unreasonable preference or advantage to any person,
corporation or locality, or subject any particular person,
corporation or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. The
commission shall have primary jurisdiction to determine
whether any rate, regulation, or practice of a telecommunications company violates this section. This section shall not
apply to contracts offered by a telecommunications company
classified as competitive or to contracts for services classified as competitive under RCW 80.36.320 and 80.36.330.
[1989 c 101 § 4; 1985 c 450 § 31; 1961 c 14 § 80.36.170.
Prior: 1911 c 117 § 42; RRS § 10378.]
80.36.180 Rate discrimination prohibited. No
telecommunications company shall, directly or indirectly, or
by any special rate, rebate, drawback or other device or
method, unduly or unreasonably charge, demand, collect or
receive from any person or corporation a greater or less
compensation for any service rendered or to be rendered
with respect to communication by telecommunications or in
connection therewith, except as authorized in this title or
Title 81 RCW than it charges, demands, collects or receives
from any other person or corporation for doing a like and
contemporaneous service with respect to communication by
telecommunications under the same or substantially the same
circumstances and conditions. The commission shall have
primary jurisdiction to determine whether any rate, regulation, or practice of a telecommunications company violates
this section. This section shall not apply to contracts offered
by a telecommunications company classified as competitive
or to contracts for services classified as competitive under
RCW 80.36.320 or 80.36.330. [1989 c 101 § 5; 1985 c 450
(2002 Ed.)
Telecommunications
§ 32; 1961 c 14 § 80.36.180. Prior: 1911 c 117 § 41; RRS
§ 10377.]
80.36.183 Discounted message toll rates prohibited—Availability of statewide, averaged toll rates.
Notwithstanding any other provision of this chapter, no
telecommunications company shall offer a discounted
message toll service based on volume that prohibits aggregation of volumes across all territory with respect to which that
company functions as an interexchange carrier. The commission shall continue to have the authority to require
statewide, averaged toll rates to be made available by any
telecommunications company subject to its jurisdiction.
[1989 c 101 § 6.]
80.36.186 Pricing of or access to noncompetitive
services—Unreasonable preference or advantage prohibited. Notwithstanding any other provision of this chapter, no
telecommunications company providing noncompetitive
services shall, as to the pricing of or access to noncompetitive services, make or grant any undue or unreasonable
preference or advantage to itself or to any other person providing telecommunications service, nor subject any telecommunications company to any undue or unreasonable prejudice or competitive disadvantage. The commission shall
have primary jurisdiction to determine whether any rate,
regulation, or practice of a telecommunications company
violates this section. [1989 c 101 § 7.]
80.36.190 Long and short distance provision. No
telecommunications company subject to the provisions of
this title shall charge or receive any greater compensation in
the aggregate for the transmission of any long distance
conversation or message of like kind for a shorter than for
a longer distance over the same line, in the same direction,
within this state, the shorter being included within the longer
distance, or charge any greater compensation for a through
service than the aggregate of the intermediate rates subject
to the provision of this title, but this shall not be construed
as authorizing any such telecommunications company to
charge and receive as great a compensation for a shorter as
for a longer distance. Upon application of any telecommunications company the commission may, by order, authorize it
to charge less for longer than for a shorter distance service
for the transmission of conversation or messages in special
cases after investigation, but the order must specify and
prescribe the extent to which the telecommunications
company making such application is relieved from the
operation of this section, and only to the extent so specified
and prescribed shall any telecommunications company be
relieved from the requirements of this section. [1985 c 450
§ 33; 1961 c 14 § 80.36.190. Prior: 1911 c 117 § 44; RRS
§ 10380.]
80.36.195 Telecommunications relay system—Long
distance discount rates. Each telecommunications company
providing intrastate interexchange voice transmission service
shall offer discounts from otherwise applicable long distance
rates for service used in conjunction with the statewide relay
service authorized under RCW 43.20A.725. Such long
distance discounts shall be determined in relation to the
(2002 Ed.)
80.36.180
additional time required to translate calls through relay
operators. In the case of intrastate long distance services
provided pursuant to tariff, the commission shall require the
incorporation of such discounts. [1992 c 144 § 5.]
Legislative findings—Severability—1992 c 144: See notes following
RCW 43.20A.720.
80.36.200 Transmission of messages of other lines.
Every telecommunications company operating in this state
shall receive, transmit and deliver, without discrimination or
delay, the messages of any other telecommunications
company. [1985 c 450 § 34; 1961 c 14 § 80.36.200. Prior:
1911 c 117 § 45; RRS § 10381.]
80.36.210 Order of sending messages. It shall be the
duty of any telegraph company, doing business in this state,
to transmit all dispatches in the order in which they are
received, under the penalty of one hundred dollars, to be
recovered with costs of suit, by the person or persons whose
dispatch is postponed out of its order: PROVIDED, That
communications to and from public officers on official
business, may have precedence over all other communications: AND, PROVIDED FURTHER, That intelligence of
general and public interest may be transmitted for publication out of its order. [1961 c 14 § 80.36.210. Prior: Code
1881 § 2361; RRS § 11344; prior: 1866 p 77 § 20.]
80.36.220 Duty to transmit messages—Penalty for
refusal or neglect. Telecommunications companies shall
receive, exchange and transmit each other’s messages
without delay or discrimination, and all telecommunications
companies shall receive and transmit messages for any
person.
In case of the refusal or neglect of any telecommunications company to comply with the provisions of this section,
the penalty for the same shall be a fine of not more than five
hundred nor less than one hundred dollars for each offense.
[1985 c 450 § 35; 1961 c 14 § 80.36.220. Prior: (i) 1890
p 292 § 2; RRS § 11343. (ii) 1890 p 293 § 8; RRS §
11355.]
80.36.225 Pay telephones—Calls to operator
without charge or coin insertion to be provided. All
telecommunications companies and customer-owned, pay
telephone providers doing business in this state and utilizing
pay telephones shall provide a system whereby calls may be
made to the operator without charge and without requiring
the use of credit cards or other payment devices, or insertion
of any coins into such pay telephone. [1985 c 450 § 36;
1975 c 21 § 1.]
Emergency calls, yielding line: Chapter 70.85 RCW.
80.36.230 Exchange areas for telecommunications
companies. The commission is hereby granted the power to
prescribe exchange area boundaries and/or territorial
boundaries for telecommunications companies. [1985 c 450
§ 37; 1961 c 14 § 80.36.230. Prior: 1941 c 137 § 1; Rem.
Supp. 1941 § 11358-1.]
[Title 80 RCW—page 43]
80.36.240
Title 80 RCW: Public Utilities
80.36.240 Exchange areas for telephone companies—Procedure to establish. The commission in conducting hearings, promulgating rules, and otherwise proceeding to make effective the provisions of RCW 80.36.230 and
80.36.240, shall be governed by, and shall have the powers
provided in this title, as amended; all provisions as to review
of the commission’s orders and appeals to the supreme court
or the court of appeals contained in said title, as amended,
shall be available to all companies and parties affected by
the commission’s orders issued under authority of RCW
80.36.230 and 80.36.240. [1971 c 81 § 142; 1961 c 14 §
80.36.240. Prior: 1941 c 137 § 2; Rem. Supp. 1941 §
11358-2.]
80.36.250 Commission may complain of interstate
rates. The commission may investigate all interstate rates
and charges, classifications, or rules or practices relating
thereto, for or in relation to the transmission of messages or
conversations. Where any acts in relation thereto take place
within this state which, in the opinion of the commission, are
excessive or discriminatory, or are levied or laid in violation
of the federal communications act of June 19, 1934, and acts
amendatory thereof or supplementary thereto, or are in
conflict with the rulings, orders, or regulations of the Federal
Communications Commission, the commission shall apply by
petition to the Federal Communications Commission for
relief, and may present to such federal commission all facts
coming to its knowledge respecting violations of such act or
the rulings, orders, or regulations of the federal commission.
[1961 c 14 § 80.36.250. Prior: 1911 c 117 § 58; RRS §
10394.]
80.36.260 Betterments may be ordered. Whenever
the commission shall find, after a hearing had on its own
motion or upon complaint, that repairs or improvements to,
or changes in, any telecommunications line ought reasonably
be made, or that any additions or extensions should reasonably be made thereto in order to promote the security or
convenience of the public or employees, or in order to
secure adequate service or facilities for telecommunications
communications, the commission shall make and serve an
order directing that such repairs, improvements, changes,
additions or extensions be made in the manner to be specified therein. [1985 c 450 § 38; 1961 c 14 § 80.36.260.
Prior: 1911 c 117 § 71; RRS § 10407.]
80.36.270 Effect on existing contracts. Nothing in
this title shall be construed to prevent any telecommunications company from continuing to furnish the use of its line,
equipment or service under any contract or contracts in force
on June 7, 1911 or upon the taking effect of any schedule or
schedules of rates subsequently filed with the commission,
as herein provided, at the rates fixed in such contract or
contracts. [1989 c 101 § 12; 1985 c 450 § 39; 1961 c 14 §
80.36.270. Prior: 1911 c 117 § 43; RRS § 10379.]
80.36.300 Policy declaration. The legislature declares
it is the policy of the state to:
(1) Preserve affordable universal telecommunications
service;
[Title 80 RCW—page 44]
(2) Maintain and advance the efficiency and availability
of telecommunications service;
(3) Ensure that customers pay only reasonable charges
for telecommunications service;
(4) Ensure that rates for noncompetitive telecommunications services do not subsidize the competitive ventures of
regulated telecommunications companies;
(5) Promote diversity in the supply of telecommunications services and products in telecommunications markets
throughout the state; and
(6) Permit flexible regulation of competitive telecommunications companies and services. [1985 c 450 § 1.]
80.36.310 Classification as competitive telecommunications companies, services—Initiation of proceedings—
Notice and publication—Effective date—Date for final
order. (1) Telecommunications companies may petition to
be classified as competitive telecommunications companies
under RCW 80.36.320 or to have services classified as
competitive telecommunications services under RCW
80.36.330. The commission may initiate classification
proceedings on its own motion. The commission may
require all regulated telecommunications companies potentially affected by a classification proceeding to appear as
parties for a determination of their classification.
(2) Any company petition or commission motion for
competitive classification shall state an effective date not
sooner than thirty days from the filing date. The company
must provide notice and publication of the proposed competitive classification in the same manner as provided in RCW
80.36.110 for tariff changes. The proposed classification
shall take effect on the stated effective date unless suspended
by the commission and set for hearing under chapter 34.05
RCW or set for a formal investigation and fact-finding under
RCW 80.36.145. The commission shall enter its final order
with respect to any suspended classification within six
months from the date of filing of a company’s petition or the
commission’s motion. [1998 c 337 § 4; 1989 c 101 § 14;
1985 c 450 § 3.]
Severability—1998 c 337: See note following RCW 80.36.600.
80.36.320 Classification as competitive telecommunications companies, services—Factors considered—
Minimal regulation—Equal access—Reclassification. (1)
The commission shall classify a telecommunications company as a competitive telecommunications company if the
services it offers are subject to effective competition. Effective competition means that the company’s customers have
reasonably available alternatives and that the company does
not have a significant captive customer base. In determining
whether a company is competitive, factors the commission
shall consider include but are not limited to:
(a) The number and sizes of alternative providers of
service;
(b) The extent to which services are available from
alternative providers in the relevant market;
(c) The ability of alternative providers to make functionally equivalent or substitute services readily available at
competitive rates, terms, and conditions; and
(2002 Ed.)
Telecommunications
(d) Other indicators of market power which may include
market share, growth in market share, ease of entry, and the
affiliation of providers of services.
The commission shall conduct the initial classification
and any subsequent review of the classification in accordance with such procedures as the commission may establish
by rule.
(2) Competitive telecommunications companies shall be
subject to minimal regulation. Minimal regulation means
that competitive telecommunications companies may file,
instead of tariffs, price lists that shall be effective after ten
days’ notice to the commission and customers. The commission shall prescribe the form of notice. The commission
may also waive other regulatory requirements under this title
for competitive telecommunications companies when it determines that competition will serve the same purposes as
public interest regulation. The commission may waive
different regulatory requirements for different companies if
such different treatment is in the public interest. A competitive telecommunications company shall at a minimum:
(a) Keep its accounts according to regulations as
determined by the commission;
(b) File financial reports with the commission as
required by the commission and in a form and at times
prescribed by the commission;
(c) Keep on file at the commission such current price
lists and service standards as the commission may require;
and
(d) Cooperate with commission investigations of
customer complaints.
(3) When a telecommunications company has demonstrated that the equal access requirements ordered by the
federal district court in the case of U.S. v. AT&T, 552 F.
Supp. 131 (1982), or in supplemental orders, have been met,
the commission shall review the classification of telecommunications companies providing inter-LATA interexchange
services. At that time, the commission shall classify all such
companies as competitive telecommunications companies
unless it finds that effective competition, as defined in
subsection (1) of this section, does not then exist.
(4) The commission may revoke any waivers it grants
and may reclassify any competitive telecommunications
company if the revocation or reclassification would protect
the public interest.
(5) The commission may waive the requirements of
RCW 80.36.170 and 80.36.180 in whole or in part for a
competitive telecommunications company if it finds that
competition will serve the same purpose and protect the
public interest. [1998 c 337 § 5; 1989 c 101 § 15; 1985 c
450 § 4.]
Severability—1998 c 337: See note following RCW 80.36.600.
80.36.330 Classification as competitive telecommunications companies, services—Effective competition
defined—Prices and rates—Reclassification. (1) The
commission may classify a telecommunications service
provided by a telecommunications company as a competitive
telecommunications service if the service is subject to
effective competition. Effective competition means that
customers of the service have reasonably available alternatives and that the service is not provided to a significant
(2002 Ed.)
80.36.320
captive customer base. In determining whether a service is
competitive, factors the commission shall consider include
but are not limited to:
(a) The number and size of alternative providers of
services;
(b) The extent to which services are available from
alternative providers in the relevant market;
(c) The ability of alternative providers to make functionally equivalent or substitute services readily available at
competitive rates, terms, and conditions; and
(d) Other indicators of market power, which may
include market share, growth in market share, ease of entry,
and the affiliation of providers of services.
(2) When the commission finds that a telecommunications company has demonstrated that a telecommunications
service is competitive, the commission may permit the service to be provided under a price list effective on ten days
notice to the commission and customers. The commission
shall prescribe the form of notice. The commission may
adopt procedural rules necessary to implement this section.
(3) Prices or rates charged for competitive telecommunications services shall cover their cost. The commission shall
determine proper cost standards to implement this section,
provided that in making any assignment of costs or allocating any revenue requirement, the commission shall act to
preserve affordable universal telecommunications service.
(4) The commission may investigate prices for competitive telecommunications services upon complaint. In any
complaint proceeding initiated by the commission, the
telecommunications company providing the service shall bear
the burden of proving that the prices charged cover cost, and
are fair, just, and reasonable.
(5) Telecommunications companies shall provide the
commission with all data it deems necessary to implement
this section.
(6) No losses incurred by a telecommunications company in the provision of competitive services may be recovered
through rates for noncompetitive services. The commission
may order refunds or credits to any class of subscribers to a
noncompetitive telecommunications service which has paid
excessive rates because of below cost pricing of competitive
telecommunications services.
(7) The commission may reclassify any competitive
telecommunications service if reclassification would protect
the public interest.
(8) The commission may waive the requirements of
RCW 80.36.170 and 80.36.180 in whole or in part for a
service classified as competitive if it finds that competition
will serve the same purpose and protect the public interest.
[1998 c 337 § 6; 1989 c 101 § 16; 1985 c 450 § 5.]
Severability—1998 c 337: See note following RCW 80.36.600.
80.36.340 Banded rates. The commission may
approve a tariff which includes banded rates for any telecommunications service if such tariff is in the public interest.
"Banded rate" means a rate which has a minimum and a
maximum rate. The minimum rate in the rate band shall
cover the cost of the service. Rates may be changed within
the rate band upon such notice as the commission may order.
[1985 c 450 § 6.]
[Title 80 RCW—page 45]
80.36.350
Title 80 RCW: Public Utilities
80.36.350 Registration of new companies. Each
telecommunications company not operating under tariff in
Washington on January 1, 1985, shall register with the commission before beginning operations in this state. The
registration shall be on a form prescribed by the commission
and shall contain such information as the commission may
by rule require, but shall include as a minimum the name
and address of the company; the name and address of its
registered agent, if any; the name, address, and title of each
officer or director; its most current balance sheet; its latest
annual report, if any; and a description of the telecommunications services it offers or intends to offer.
The commission may require as a precondition to
registration the procurement of a performance bond sufficient
to cover any advances or deposits the telecommunications
company may collect from its customers, or order that such
advances or deposits be held in escrow or trust.
The commission may deny registration to any telecommunications company which:
(1) Does not provide the information required by this
section;
(2) Fails to provide a performance bond, if required;
(3) Does not possess adequate financial resources to
provide the proposed service; or
(4) Does not possess adequate technical competency to
provide the proposed service.
The commission shall take action to approve or issue a
notice of hearing concerning any application for registration
within thirty days after receiving the application. The
commission may approve an application with or without a
hearing. The commission may deny an application after a
hearing.
A telecommunications company may also submit a
petition for competitive classification under RCW 80.36.310
at the time it applies for registration. The commission may
act on the registration application and the competitive
classification petition at the same time. [1990 c 10 § 1;
1985 c 450 § 7.]
80.36.360 Exempted actions or transactions. For the
purposes of RCW 19.86.170, actions or transactions of
competitive telecommunications companies, or associated
with competitive telecommunications services, shall not be
deemed otherwise permitted, prohibited, or regulated by the
commission. [1985 c 450 § 8.]
80.36.370 Certain services not regulated. The
commission shall not regulate the following:
(1) One way broadcast or cable television transmission
of television or radio signals;
(2) Private telecommunications systems;
(3) Telegraph services;
(4) Any sale, lease, or use of customer premises
equipment except such equipment as is regulated on July 28,
1985;
(5) Private shared telecommunications services, unless
the commission finds, upon notice and investigation, that
customers of such services have no alternative access to
local exchange telecommunications companies. If the commission makes such a finding, it may require the private
shared telecommunications services provider to make
[Title 80 RCW—page 46]
alternative facilities or conduit space available on reasonable
terms and conditions at reasonable prices;
(6) Radio communications services provided by a
regulated telecommunications company, except that when
those services are the only voice grade, local exchange telecommunications service available to a customer of the
company the commission may regulate the radio communication service of that company. [1990 c 118 § 1; 1985 c 450
§ 9.]
80.36.375 Personal wireless services—Siting
microcells and/or minor facilities—Definitions. (1) If a
personal wireless service provider applies to site several
microcells and/or minor facilities in a single geographical
area:
(a) If one or more of the microcells and/or minor
facilities are not exempt from the requirements of RCW
43.21C.030(2)(c), local governmental entities are encouraged:
(i) To allow the applicant, at the applicant’s discretion, to
file a single set of documents required by chapter 43.21C
RCW that will apply to all the microcells and/or minor
facilities to be sited; and (ii) to render decisions under
chapter 43.21C RCW regarding all the microcells and/or
minor facilities in a single administrative proceeding; and
(b) Local governmental entities are encouraged: (i) To
allow the applicant, at the applicant’s discretion, to file a
single set of documents for land use permits that will apply
to all the microcells and/or minor facilities to be sited; and
(ii) to render decisions regarding land use permits for all the
microcells and/or minor facilities in a single administrative
proceeding.
(2) For the purposes of this section:
(a) "Personal wireless services" means commercial
mobile services, unlicensed wireless services, and common
carrier wireless exchange access services, as defined by
federal laws and regulations.
(b) "Microcell" means a wireless communication facility
consisting of an antenna that is either: (i) Four feet in height
and with an area of not more than five hundred eighty
square inches; or (ii) if a tubular antenna, no more than four
inches in diameter and no more than six feet in length.
(c) "Minor facility" means a wireless communication
facility consisting of up to three antennas, each of which is
either: (i) Four feet in height and with an area of not more
than five hundred eighty square inches; or (ii) if a tubular
antenna, no more than four inches in diameter and no more
than six feet in length; and the associated equipment cabinet
that is six feet or less in height and no more than forty-eight
square feet in floor area. [1997 c 219 § 2; 1996 c 323 § 3.]
Findings—1996 c 323: See note following RCW 43.70.600.
80.36.390 Telephone solicitation. (1) As used in this
section, "telephone solicitation" means the unsolicited
initiation of a telephone call by a commercial or nonprofit
company or organization to a residential telephone customer
and conversation for the purpose of encouraging a person to
purchase property, goods, or services or soliciting donations
of money, property, goods, or services. "Telephone solicitation" does not include:
(a) Calls made in response to a request or inquiry by the
called party. This includes calls regarding an item that has
(2002 Ed.)
Telecommunications
been purchased by the called party from the company or
organization during a period not longer than twelve months
prior to the telephone contact;
(b) Calls made by a not-for-profit organization to its
own list of bona fide or active members of the organization;
(c) Calls limited to polling or soliciting the expression
of ideas, opinions, or votes; or
(d) Business-to-business contacts.
For purposes of this section, each individual real estate
agent or insurance agent who maintains a separate list from
other individual real estate or insurance agents shall be
treated as a company or organization. For purposes of this
section, an organization as defined in RCW 29.01.090 or
29.01.100 and organized pursuant to RCW 29.42.010 shall
not be considered a commercial or nonprofit company or
organization.
(2) A person making a telephone solicitation must
identify him or herself and the company or organization on
whose behalf the solicitation is being made and the purpose
of the call within the first thirty seconds of the telephone
call.
(3) If, at any time during the telephone contact, the
called party states or indicates that he or she does not wish
to be called again by the company or organization or wants
to have his or her name and individual telephone number
removed from the telephone lists used by the company or
organization making the telephone solicitation, then:
(a) The company or organization shall not make any
additional telephone solicitation of the called party at that
telephone number within a period of at least one year; and
(b) The company or organization shall not sell or give
the called party’s name and telephone number to another
company or organization: PROVIDED, That the company
or organization may return the list, including the called
party’s name and telephone number, to the company or
organization from which it received the list.
(4) A violation of subsection (2) or (3) of this section is
punishable by a fine of up to one thousand dollars for each
violation.
(5) The attorney general may bring actions to enforce
compliance with this section. For the first violation by any
company or organization of this section, the attorney general
shall notify the company with a letter of warning that the
section has been violated.
(6) A person aggrieved by repeated violations of this
section may bring a civil action in superior court to enjoin
future violations, to recover damages, or both. The court
shall award damages of at least one hundred dollars for each
individual violation of this section. If the aggrieved person
prevails in a civil action under this subsection, the court shall
award the aggrieved person reasonable attorneys’ fees and
cost of the suit.
(7) The utilities and transportation commission shall by
rule ensure that telecommunications companies inform their
residential customers of the provisions of this section. The
notification may be made by (a) annual inserts in the billing
statements mailed to residential customers, or (b) conspicuous publication of the notice in the consumer information
pages of local telephone directories. [1987 c 229 § 13; 1986
c 277 § 2.]
Legislative finding—1986 c 277: "The legislature finds that certain
kinds of telephone solicitation are increasing and that these solicitations
(2002 Ed.)
80.36.390
interfere with the legitimate privacy rights of the citizens of the state. A
study conducted by the utilities and transportation commission, as directed
by the forty-ninth legislature, has found that the level of telephone
solicitation in this state is significant to warrant regulatory action to protect
the privacy rights of the citizens of the state. It is the intent of the
legislature to clarify and establish the rights of individuals to reject
unwanted telephone solicitations." [1986 c 277 § 1.]
Charitable solicitations: Chapter 19.09 RCW.
Commercial telephone solicitation: Chapter 19.158 RCW.
80.36.400 Automatic dialing and announcing
device—Commercial solicitation by. (1) As used in this
section:
(a) An automatic dialing and announcing device is a
device which automatically dials telephone numbers and
plays a recorded message once a connection is made.
(b) Commercial solicitation means the unsolicited
initiation of a telephone conversation for the purpose of
encouraging a person to purchase property, goods, or services.
(2) No person may use an automatic dialing and
announcing device for purposes of commercial solicitation.
This section applies to all commercial solicitation intended
to be received by telephone customers within the state.
(3) A violation of this section is a violation of chapter
19.86 RCW. It shall be presumed that damages to the
recipient of commercial solicitations made using an automatic dialing and announcing device are five hundred dollars.
(4) Nothing in this section shall be construed to prevent
the Washington utilities and transportation commission from
adopting additional rules regulating automatic dialing and
announcing devices. [1986 c 281 § 2.]
Legislative finding—1986 c 281: "The legislature finds that the use
of automatic dialing and announcing devices for purposes of commercial
solicitation: (1) Deprives consumers of the opportunity to immediately
question a seller about the veracity of their claims; (2) subjects consumers
to unwarranted invasions of their privacy; and (3) encourages inefficient and
potentially harmful use of the telephone network. The legislature further
finds that it is in the public interest to prohibit the use of automatic dialing
and announcing devices for purposes of commercial solicitation." [1986 c
281 § 1.]
80.36.410 Washington telephone assistance program—Findings. (Expires June 30, 2003.) The legislature
finds that universal telephone service is an important policy
goal of the state. The legislature further finds that: (1) Recent changes in the telecommunications industry, such as
federal access charges, raise concerns about the ability of
low-income persons to continue to afford access to local
exchange telephone service; and (2) many low-income
persons making the transition to independence from receiving supportive services through community agencies do not
qualify for economic assistance from the department.
Therefore, the legislature finds that it is in the public interest
to take steps to mitigate the effects of these changes on lowincome persons. [2002 c 104 § 2; 1987 c 229 § 3.]
Expiration date—2002 c 104 §§ 2 and 3: "Sections 2 and 3 of this
act expire June 30, 2003." [2002 c 104 § 4.]
Expiration date—1987 c 229 §§ 3-10: "RCW 80.36.410 through
80.36.470 shall expire June 30, 2003." [1998 c 159 § 1; 1993 c 249 § 3;
1990 c 170 § 8; 1987 c 229 § 12.]
80.36.420 Washington telephone assistance program—Availability, components. (Expires June 30, 2003.)
[Title 80 RCW—page 47]
80.36.420
Title 80 RCW: Public Utilities
The Washington telephone assistance program shall be
available to participants of department programs set forth in
RCW 80.36.470. Assistance shall consist of the following
components:
(1) A discount on service connection fees of fifty
percent or more as set forth in RCW 80.36.460.
(2) A waiver of deposit requirements on local exchange
service, as set forth in RCW 80.36.460.
(3) A discounted flat rate service for local exchange
service, which shall be subject to the following conditions:
(a) The commission shall establish a single telephone
assistance rate for all local exchange companies operating in
the state of Washington. The telephone assistance rate shall
include any federal end user access charges and any other
charges necessary to obtain local exchange service.
(b) The commission shall, in establishing the telephone
assistance rate, consider all charges for local exchange
service, including federal end user access charges, mileage
charges, extended area service, and any other charges
necessary to obtain local exchange service.
(c) The telephone assistance rate shall only be available
to eligible customers subscribing to the lowest available local
exchange flat rate service, where the lowest local exchange
flat rate, including any federal end user access charges and
any other charges necessary to obtain local exchange service,
is greater than the telephone assistance rate. Low-income
senior citizens sixty years of age and older and other lowincome persons identified by the department as medically
needy shall, where single-party service is available, be
provided with single-party service as the lowest available
local exchange flat rate service.
(d) The cost of providing the service shall be paid, to
the maximum extent possible, by a waiver of all or part of
the federal end user access charge and, to the extent necessary, from the telephone assistance fund created by RCW
80.36.430. [1990 c 170 § 2; 1987 c 229 § 4.]
Expiration date—1987 c 229 §§ 3-10: See note following RCW
80.36.410.
80.36.430 Washington telephone assistance program—Excise tax. (Expires June 30, 2003.) The Washington telephone assistance program shall be funded by a
telephone assistance excise tax on all switched access lines
and by funds from any federal government or other programs
for this purpose. Switched access lines are defined in RCW
82.14B.020. The telephone assistance excise tax shall be
applied equally to all residential and business access lines
not to exceed fourteen cents per month. The telephone
assistance excise tax shall be separately identified on each
ratepayer’s bill as the "Washington telephone assistance program." All money collected from the telephone assistance
excise tax shall be transferred to a telephone assistance fund
administered by the department. Local exchange companies
shall bill the fund for their expenses incurred in offering the
telephone assistance program, including administrative and
program expenses. The department shall disburse the money
to the local exchange companies. The department is
exempted from having to conclude a contract with local
exchange companies in order to effect this reimbursement.
The department shall recover its administrative costs from
the fund. The department may specify by rule the range and
extent of administrative and program expenses that will be
[Title 80 RCW—page 48]
reimbursed to local exchange companies. [1990 c 170 § 3;
1987 c 229 § 5.]
Expiration date—1987 c 229 §§ 3-10: See note following RCW
80.36.410.
80.36.440 Washington telephone assistance program—Rules. (Expires June 30, 2003.) The commission
and the department may adopt any rules necessary to implement RCW 80.36.410 through 80.36.470. [1990 c 170 § 4;
1987 c 229 § 6.]
Expiration date—1987 c 229 §§ 3-10: See note following RCW
80.36.410.
80.36.450 Washington telephone assistance program—Limitation. (Expires June 30, 2003.) The Washington telephone assistance program shall be limited to one
residential access line per eligible household. [1993 c 249
§ 2; 1987 c 229 § 7.]
Effective date—1993 c 249: See note following RCW 80.36.005.
Expiration date—1987 c 229 §§ 3-10: See note following RCW
80.36.410.
80.36.460 Washington telephone assistance program—Deposit waivers, connection fee discounts.
(Expires June 30, 2003.) Local exchange companies shall
file tariffs with the commission which waive deposits on
local exchange service for eligible subscribers and which
establish a fifty percent discount on service connection fees
for eligible subscribers. Part or all of the remaining fifty
percent of service connection fees may be paid by funds
from federal government or other programs for this purpose.
The commission or other appropriate agency shall make
timely application for any available federal funds. The
remaining portion of the connection fee to be paid by the
subscriber shall be expressly payable by installment fees
spread over a period of months. A subscriber may, however,
choose to pay the connection fee in a lump sum. Costs
associated with the waiver and discount shall be accounted
for separately and recovered from the telephone assistance
fund. Eligible subscribers shall be allowed one waiver of a
deposit and one discount on service connection fees per year.
[1990 c 170 § 5; 1987 c 229 § 8.]
Expiration date—1987 c 229 §§ 3-10: See note following RCW
80.36.410.
80.36.470 Washington telephone assistance program—Eligibility. (Expires June 30, 2003.) (1) Adult
recipients of department-administered programs for the
financially needy which provide continuing financial or
medical assistance, food stamps, or supportive services to
persons in their own homes are eligible for participation in
the telephone assistance program. The department shall
notify the participants of their eligibility.
(2) Participants in community service voice mail
programs are eligible for participation in the telephone
assistance program after completing use of community
service voice mail services. Eligibility shall be for a period
including the remainder of the current service year and the
following service year. Community agencies shall notify the
department of participants eligible under this subsection.
[2002 c 104 § 3; 1990 c 170 § 6; 1987 c 229 § 9.]
(2002 Ed.)
Telecommunications
Expiration date—2002 c 104 §§ 2 and 3: See note following RCW
80.36.410.
Expiration date—1987 c 229 §§ 3-10: See note following RCW
80.36.410.
80.36.475 Washington telephone assistance program—Report to legislature. The department shall report
to the energy and utilities committees of the house of representatives and the senate by December 1 of each year on the
status of the Washington telephone assistance program. The
report shall include the number of participants by qualifying
social service programs receiving benefits from the telephone
assistance program and the type of benefits participants receive. The report shall also include a description of the geographical distribution of participants, the program’s annual
revenue and expenditures, and any recommendations for
legislative action. [1990 c 170 § 7.]
80.36.500 Information delivery services through
exclusive number prefix or service access code. (1) As
used in this section:
(a) "Information delivery services" means telephone
recorded messages, interactive programs, or other information services that are provided for a charge to a caller
through an exclusive telephone number prefix or service
access code.
(b) "Information providers" means the persons or
corporations that provide the information, prerecorded
message, or interactive program for the information delivery
service. The information provider generally receives a
portion of the revenue from the calls.
(c) "Interactive program" means a program that allows
an information delivery service caller, once connected to the
information provider’s announcement machine, to use the
caller’s telephone device to access more specific information.
(2) The utilities and transportation commission shall by
rule require any local exchange company that offers information delivery services to a local telephone exchange to
provide each residential telephone subscriber the opportunity
to block access to all information delivery services offered
through the local exchange company. The rule shall take
effect by October 1, 1988.
(3) All costs of complying with this section shall be
borne by the information providers.
(4) The local exchange company shall inform subscribers of the availability of the blocking service through a bill
insert and by publication in a local telephone directory.
[1991 c 191 § 8; 1988 c 123 § 2.]
Legislative finding, intent—1988 c 123: "(1) The legislature finds
that throughout the state there is widespread use of information delivery
services, which are also known as information-access telephone services and
commonly provided on a designated telephone number prefix. These
services operate on a charge-per-call basis, providing revenue for both the
information provider and the local exchange company. The marketing
practices for these telephone services have at times been misleading to
consumers and at other times specifically directed toward minors. The
result has been placement of calls by individuals, particularly by children,
who are uninformed about the charges that might apply. In addition,
children may have secured access to obscene, indecent, and salacious
material through these services. The legislature finds that these services can
be blocked by certain local exchange companies at switching locations, and
that devices exist which allow for blocking within a residence. Therefore,
the legislature finds that residential telephone users in the state are entitled
to the option of having their phones blocked from access to information
delivery services.
(2002 Ed.)
80.36.470
(2) It is the intent of the legislature that the utilities and transportation
commission and local exchange companies, to the extent feasible, distinguish between information delivery services that are misleading to
consumers, directed at minors, or otherwise objectionable and adopt policies
and rules that accomplish the purposes of RCW 80.36.500 with the least
adverse effect on information delivery services that are not misleading to
consumers, directed at minors, or otherwise objectionable." [1988 c 123 §
1.]
Investigation and report by commission: "By October 1, 1988, the
commission shall investigate and report to the committees on energy and
utilities in the house of representatives and the senate on methods to protect
minors from obscene, indecent, and salacious materials available through the
use of information delivery services. The investigation shall include a study
of personal identification numbers, credit cards, scramblers, and beep-tone
devices as methods of limiting access." [1988 c 123 § 3.]
Severability—1988 c 123: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 123 § 4.]
Information delivery services: Chapter 19.162 RCW.
80.36.510 Legislative finding. The legislature finds
that a growing number of companies provide, in a nonresidential setting, telecommunications services necessary to
long distance service without disclosing the services provided or the rate, charge or fee. The legislature finds that
provision of these services without disclosure to consumers
is a deceptive trade practice. [1988 c 91 § 1.]
80.36.520 Disclosure of alternate operator services.
The utilities and transportation commission shall by rule
require, at a minimum, that any telecommunications company, operating as or contracting with an alternate operator
services company, assure appropriate disclosure to consumers of the provision and the rate, charge or fee of services
provided by an alternate operator services company.
For the purposes of this chapter, "alternate operator
services company" means a person providing a connection to
intrastate or interstate long-distance services from places
including, but not limited to, hotels, motels, hospitals, and
customer-owned pay telephones. [1988 c 91 § 2.]
80.36.522 Alternate operator service companies—
Registration—Penalties. All alternate operator service
companies providing services within the state shall register
with the commission as a telecommunications company
before providing alternate operator services. The commission may deny an application for registration of an alternate
operator services company if, after a hearing, it finds that the
services and charges to be offered by the company are not
for the public convenience and advantage. The commission
may suspend the registration of an alternate operator services
company if, after a hearing, it finds that the company does
not meet the service or disclosure requirements of the
commission. Any alternate operator services company that
provides service without being properly registered with the
commission shall be subject to a penalty of not less than five
hundred dollars and not more than one thousand dollars for
each and every offense. In case of a continuing offense,
every day’s continuance shall be a separate offense. The
penalty shall be recovered in an action as provided in RCW
80.04.400. [1990 c 247 § 2.]
[Title 80 RCW—page 49]
80.36.524
Title 80 RCW: Public Utilities
80.36.524 Alternate operator service companies—
Rules. The commission may adopt rules that provide for
minimum service levels for telecommunications companies
providing alternate operator services. The rules may provide
a means for suspending the registration of a company
providing alternate operator services if the company fails to
meet minimum service levels or if the company fails to
provide appropriate disclosure to consumers of the protection
afforded under this chapter. [1990 c 247 § 3.]
80.36.530 Violation of consumer protection act—
Damages. In addition to the penalties provided in this title,
a violation of RCW 80.36.510, 80.36.520, or 80.36.524
constitutes an unfair or deceptive act in trade or commerce
in violation of chapter 19.86 RCW, the consumer protection
act. Acts in violation of RCW 80.36.510, 80.36.520, or
80.36.524 are not reasonable in relation to the development
and preservation of business, and constitute matters vitally
affecting the public interest for the purpose of applying the
consumer protection act, chapter 19.86 RCW. It shall be
presumed that damages to the consumer are equal to the cost
of the service provided plus two hundred dollars. Additional
damages must be proved. [1990 c 247 § 4; 1988 c 91 § 3.]
80.36.540 Telefacsimile messages—Unsolicited
transmission—Penalties. (1) As used in this section,
"telefacsimile message" means the transmittal of electronic
signals over telephone lines for conversion into written text.
(2) No person, corporation, partnership, or association
shall initiate the unsolicited transmission of telefacsimile
messages promoting goods or services for purchase by the
recipient.
(3)(a) Except as provided in (b) of this subsection, this
section shall not apply to telefacsimile messages sent to a
recipient with whom the initiator has had a prior contractual
or business relationship.
(b) A person shall not initiate an unsolicited
telefacsimile message under the provisions of (a) of this
subsection if the person knew or reasonably should have
known that the recipient is a governmental entity.
(4) Notwithstanding subsection (3) of this section, it is
unlawful to initiate any telefacsimile message to a recipient
who has previously sent a written or telefacsimile message
to the initiator clearly indicating that the recipient does not
want to receive telefacsimile messages from the initiator.
(5) The unsolicited transmission of telefacsimile
messages promoting goods or services for purchase by the
recipient is a matter affecting the public interest for the
purpose of applying the consumer protection act, chapter
19.86 RCW. The transmission of unsolicited telefacsimile
messages is not reasonable in relation to the development
and preservation of business. A violation of this section is
an unfair or deceptive act in trade or commerce for the
purpose of applying the consumer protection act, chapter
19.86 RCW. Damages to the recipient of telefacsimile
messages in violation of this section are five hundred dollars
or actual damages, whichever is greater.
(6) Nothing in this section shall be construed to prevent
the Washington utilities and transportation commission from
adopting additional rules regulating transmissions of
telefacsimile messages. [1990 c 221 § 1.]
[Title 80 RCW—page 50]
80.36.555 Enhanced 911 service—Residential
service required. By January 1, 1997, or one year after
enhanced 911 service becomes available or a private switch
automatic location identification service approved by the
Washington utilities and transportation commission is
available from the serving local exchange telecommunications company, whichever is later, any private shared
telecommunications services provider that provides service
to residential customers shall assure that the telecommunications system is connected to the public switched network
such that calls to 911 result in automatic location identification for each residential unit in a format that is compatible
with the existing or planned county enhanced 911 system.
[1995 c 243 § 3.]
Findings—1995 c 243: "The legislature finds that citizens of the state
increasingly rely on the dependability of enhanced 911, a system that allows
the person answering an emergency call to immediately determine the
location of the emergency without the need of the caller to speak. The
legislature further finds that in some cases, calls made from telephones
connected to private telephone systems may not be precisely located by the
answerer, eliminating some of the benefit of enhanced 911, and that this
condition could additionally imperil citizens calling from these locations in
an emergency. The legislature also finds that until national standards have
been developed to address this condition, information-forwarding requirements should be mandated for only those settings with the most risk,
including schools, residences, and some business settings." [1995 c 243 §
1.]
Severability—1995 c 243: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 243 § 12.]
80.36.560 Enhanced 911 service—Business service
required. By January 1, 1997, or one year after enhanced
911 service becomes available or a private switch automatic
location identification service approved by the Washington
utilities and transportation commission is available from the
serving local exchange telecommunications company,
whichever is later, any commercial shared services provider
of private shared telecommunications services for hire or
resale to the general public to multiple unaffiliated business
users from a single system shall assure that such a system is
connected to the public switched network such that calls to
911 result in automatic location identification for each
telephone in a format that is compatible with the existing or
planned county enhanced 911 system. This section shall
apply only to providers of service to businesses containing
a physical area exceeding twenty-five thousand square feet,
or businesses on more than one floor of a building, or
businesses in multiple buildings. [1995 c 243 § 5.]
Findings—Severability—1995 c 243: See notes following RCW
80.36.555.
80.36.600 Universal service program—Planning and
preparation—Commission’s duties—Approval of legislature required—Definitions. (1) The commission shall plan
and prepare to implement a program for the preservation and
advancement of universal telecommunications service which
shall not take effect until the legislature approves the
program. The purpose of the universal service program is to
benefit telecommunications ratepayers in the state by
minimizing implicit sources of support and maximizing
explicit sources of support that are specific, sufficient,
competitively neutral, and technologically neutral to support
(2002 Ed.)
Telecommunications
basic telecommunications services for customers of telecommunications companies in high-cost locations.
(2) In preparing a universal service program for approval by the legislature, the commission shall:
(a) Estimate the cost of supporting all lines located in
high-cost locations and the cost of supporting one primary
telecommunications line for each residential or business
customer located in high-cost locations;
(b) Determine the assessments that must be made on all
telecommunications carriers, and the manner of collection, to
provide support for:
(i) All residential and business lines located in high-cost
locations;
(ii) Only one primary line for each residential or
business customer located in high-cost locations;
(c) Designate those telecommunications carriers serving
high-cost locations that are eligible to receive support for the
benefit of their customers in those locations;
(d) Adopt or prepare to adopt all necessary rules for
administration of the program; and
(e) Provide a schedule of all fees and payments proposed or expected to be proposed by the commission under
subsection (3)(d) of this section.
(3) Once a program is approved by the legislature and
subsequently established, the following provisions apply
unless otherwise directed by the legislature:
(a) All transfers of money necessary to provide the
support shall be outside the state treasury and not be subject
to appropriation;
(b) The commission may delegate to the commission
secretary or other staff the authority to resolve disputes or
make other decisions necessary to the administration of the
program;
(c) The commission may contract with an independent
program administrator subject to the direction and control of
the commission and may authorize the establishment of an
account or accounts in independent financial institutions
should that be necessary for administration of the program;
(d) The expenses of an independent program administrator shall be authorized by the commission and shall be paid
out of contributions by the telecommunications carriers
participating in the program;
(e) The commission may require the carriers participating in the program, as part of their contribution, to pay into
the public service revolving fund the costs of the commission attributable to supervision and administration of the
program that are not otherwise recovered through fees paid
to the commission.
(4) The commission shall establish standards for review
or testing of all telecommunications carriers’ compliance
with the program for the purpose of ensuring the support
received by a telecommunications carrier is used only for the
purposes of the program and that each telecommunications
carrier is making its proper contribution to the program. The
commission may conduct the review or test, or contract with
an independent administrator or other person to conduct the
review or test.
(5) The commission shall coordinate administration of
the program with any federal universal service program and
may administer the federal fund in conjunction with the state
program if so authorized by federal law.
(2002 Ed.)
80.36.600
(6) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Telecommunications carrier" has the same meaning
as defined in 47 U.S.C. Sec. 153(44).
(b) "Basic telecommunications services" means the
following services:
(i) Single-party service;
(ii) Voice grade access to the public switched network;
(iii) Support for local usage;
(iv) Dual tone multifrequency signaling (touch-tone);
(v) Access to emergency services (911);
(vi) Access to operator services;
(vii) Access to interexchange services;
(viii) Access to directory assistance; and
(ix) Toll limitation services.
(c) "High-cost location" means a location where the cost
of providing telecommunications services is greater than a
benchmark established by the commission by rule.
(7) Each telecommunications carrier that provides
intrastate telecommunications services shall provide whatever
information the commission may reasonably require in order
to fulfill the commission’s responsibilities under subsection
(2) of this section. [1999 c 372 § 16; 1998 c 337 § 1.]
Severability—1998 c 337: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 337 § 8.]
80.36.610 Universal service program—Authority of
commission—Rules—Fees—Legislative intent. (1) The
commission is authorized to take actions, conduct proceedings, and enter orders as permitted or contemplated for a
state commission under the federal telecommunications act
of 1996, P.L. 104-104 (110 Stat. 56), but the commission’s
authority to either establish a new state program or to adopt
new rules to preserve and advance universal service under
section 254(f) of the federal act is limited to the actions
expressly authorized by RCW 80.36.600. The commission
may establish by rule fees to be paid by persons seeking
commission action under the federal act, and by parties to
proceedings under that act, to offset in whole or part the
commission’s expenses that are not otherwise recovered
through fees in implementing the act, but new fees or
assessments charged telecommunications carriers to either
establish a state program or to adopt rules to preserve and
advance universal service under section 254(f) of the federal
act do not take effect until the legislature has approved a
state universal service program.
(2) The legislature intends that under the future universal service program established in this state:
(a) Every telecommunications carrier that provides
intrastate telecommunications services shall contribute, on an
equitable and nondiscriminatory basis, to the preservation
and advancement of universal service in the state;
(b) The contributions shall be competitively and
technologically neutral; and
(c) The universal service program to be established in
accordance with RCW 80.36.600 shall not be inconsistent
with the requirements of 47 U.S.C. Sec. 254. [1998 c 337
§ 2.]
Severability—1998 c 337: See note following RCW 80.36.600.
[Title 80 RCW—page 51]
80.36.620
Title 80 RCW: Public Utilities
80.36.620 Universal service program—Rules. Any
rules regarding universal service adopted by the utilities and
transportation commission shall comply with the purpose, as
stated in RCW 80.36.600, for establishing a program for the
preservation and advancement of universal telecommunications service. Services to be supported are only those basic
services defined in *RCW 80.36.600(7). [1998 c 337 § 3.]
*Reviser’s note: RCW 80.36.600 was amended by 1999 c 372 § 16,
changing subsection (7) to subsection (6).
Severability—1998 c 337: See note following RCW 80.36.600.
80.36.850 Extended area service defined. As used
in RCW 80.36.855, "extended area service" means the ability
to call from one exchange to another exchange without
incurring a toll charge. [1989 c 282 § 2.]
Policy—Program limitations—Report to legislative committees—
Program expiration—1989 c 282: See notes following RCW 80.36.855.
80.36.855 Extended area service program. Any
business, resident, or community may petition for and shall
receive extended area service within the service territory of
the local exchange company that provides service to the petitioner under the following conditions:
(1) Any customer, business or residential, interested in
obtaining extended area service in their community must
collect and submit to the commission the signatures of a
representative majority of affected customers in the community. A "representative majority" for purposes of this section
consists of fifteen percent of the access lines in that community;
(2) After receipt of the signatures, the commission shall
authorize a study to be conducted by the affected local
exchange company in order to determine whether a community of interest exists for the implementation of extended
area service. For purposes of this section a community of
interest shall be found if the average number of calls per
customer per month from the area petitioning for extended
area service to the area to which extended area service will
be implemented is at least five;
(3) If a community of interest exists, the commission
shall then calculate any increased rate that would be applied
to the area which would have extended area service granted
to it. This rate shall be based on the charges to a rate group
having the same or similar calling capability as set forth in
the tariffs of the local exchange telecommunications company involved;
(4) The affected telecommunications company shall be
given the opportunity to propose an alternative plan that
might be priced differently and that plan shall be included in
the poll of subscribers as an alternative under subsection (5)
of this section;
(5) After determining the amount of any additional rate,
the commission shall notify the subscribers who will be
affected by the increased rate and conduct a poll of those
subscribers. If a simple majority votes its approval the
commission shall order extended area service; and
(6) Any extended area service program adopted pursuant
to this section shall be considered experimental and not
binding on the commission in subsequent extended area
service proceedings. If an extended area service program
adopted pursuant to this section results in a revenue deficien[Title 80 RCW—page 52]
cy for a local exchange company, the commission shall
allocate the resulting revenue requirement in a manner which
produces fair, just and reasonable rates for all classes of
customers. [1989 c 282 § 3.]
Policy—1989 c 282: "Universal telephone service for the people of
the state of Washington is a policy goal of the legislature and has been
enacted previously into Washington law. Access to universal and affordable
telephone service enhances the economic and social well-being of Washington citizens." [1989 c 282 § 1.]
Program limitations—Report to legislative committees—1989 c
282: "The pilot program specified in sections 2 and 3 of this act applies
only to extended area service petitions which meet the conditions under
section 3 of this act, and have been filed with the commission by January
1, 1989. Any petitions for extended area service filed after January 1, 1989,
shall be addressed under terms and conditions determined by the commission. By December 1, 1990, the commission shall submit to the energy and
utilities committees of the house of representatives and the senate a report
on extended area service. The report shall include:
(1) The status of any experimental, pilot program which provides
extended area service developed under this section, and whether such an
experimental, pilot program approach should continue to be made available;
(2) The status of all extended area service petitions pending at the
commission;
(3) Commission action on the recommendations of the local extended
calling advisory committee; and
(4) Commission recommendations for any other legislation addressing
the issue of extended area service." [1989 c 282 § 4.] Section 2 of this act
is the enactment of RCW 80.36.850. Section 3 of this act is the enactment
of RCW 80.36.855.
Program expiration—1989 c 282: "The extended area service
program under sections 2 through 5 of this act shall expire on December 1,
1990, except for any extended area service obtained by any business
residence or community and put in place under section 3 of this act." [1989
c 282 § 5.]
80.36.900 Severability—1985 c 450. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 450 § 42.]
80.36.901 Legislative review of 1985 c 450—1989 c
101. The legislature shall conduct an intensive review of
chapter 450, Laws of 1985 during the 1991-1993 biennium
to determine whether the purposes of chapter 450, Laws of
1985 have been achieved and if further relaxation of regulatory requirements is in the public interest. [1989 c 101 § 18;
1985 c 450 § 44.]
Chapter 80.40
UNDERGROUND NATURAL GAS STORAGE ACT
Sections
80.40.010
80.40.020
80.40.030
80.40.040
80.40.050
80.40.060
80.40.070
80.40.900
80.40.910
80.40.920
Definitions.
Declaration concerning the public interest.
Eminent domain.
Eminent domain—Application to oil and gas conservation
committee prerequisite to eminent domain—Procedure.
Rights of company using storage—Rights of owners of condemned land and interests therein.
Leases by commissioner of public lands.
Leases by county commissioners.
Short title.
Chapter to be liberally construed.
Severability—1963 c 201.
(2002 Ed.)
Underground Natural Gas Storage Act
80.40.010 Definitions. As used in this chapter, unless
specifically defined otherwise or unless the context indicates
otherwise:
"Commission" shall mean the Washington utilities and
transportation commission;
"Committee" shall mean the oil and gas conservation
committee established by *RCW 78.52.020;
"Natural gas" shall mean gas either in the earth in its
original state or after the same has been produced by
removal therefrom of component parts not essential to its use
for light and fuel;
"Natural gas company" shall mean every corporation,
company, association, joint stock association, partnership or
person authorized to do business in this state and engaged in
the transportation, distribution, or underground storage of
natural gas;
"Underground reservoir" shall mean any subsurface
sand, strata, formation, aquifer, cavern or void whether
natural or artificially created, suitable for the injection and
storage of natural gas therein and the withdrawal of natural
gas therefrom;
"Underground storage" shall mean the process of
injecting and storing natural gas within and withdrawing
natural gas from an underground reservoir: PROVIDED,
The withdrawal of gas from an underground reservoir shall
not be deemed a taking or producing within the terms of
RCW 82.04.100. [1963 c 201 § 2.]
*Reviser’s note: RCW 78.52.020 was repealed by 1994 sp.s. c 9 §
869, effective July 1, 1994.
80.40.020 Declaration concerning the public interest. The underground storage of natural gas will promote
the economic development of the state and provide for more
economic distribution of natural gas to the domestic, commercial and industrial consumers of this state, thereby
serving the public interest. [1963 c 201 § 3.]
80.40.030 Eminent domain. Any natural gas company having received an order under RCW 80.40.040 shall
have the right of eminent domain to be exercised in the
manner provided in and subject to the provisions of chapter
8.20 RCW to acquire for its use for the underground storage
of natural gas any underground reservoir, as well as such
other property or interests in property as may be required to
adequately maintain and utilize the underground reservoir for
the underground storage of natural gas, including easements
and rights of way for access to and egress from the underground storage reservoir. The right of eminent domain
granted hereby shall apply to property or property interests
held in private ownership, provided condemnor has exercised
good faith in negotiations for private sale or lease. No
property shall be taken or damaged until the compensation
to be made therefor shall have been ascertained and paid.
Any property or interest therein so acquired by any natural
gas company shall be used exclusively for the purposes for
which it was acquired. Any decree of appropriation hereunder shall define and limit the rights condemned and shall
provide for the reversion of such rights to the defendant or
defendants or their successors in interest upon abandonment
of the underground storage project. Good faith exploration
work or development work relative to the storage reservoir
(2002 Ed.)
80.40.010
is conclusive evidence that its use has not been abandoned.
The court may include in such decree such other relevant
conditions, covenants and restrictions as it may deem fair
and equitable. [1963 c 201 § 4.]
80.40.040 Eminent domain—Application to *oil and
gas conservation committee prerequisite to eminent
domain—Procedure. Any natural gas company desiring to
exercise the right of eminent domain to condemn any
property or interest in property for the underground storage
of natural gas shall first make application to the *oil and gas
conservation committee for an order approving the proposed
project. Notice of such application shall be given by the
committee to the utilities and transportation commission, to
the director of ecology, to the commissioner of public lands,
and to all other persons known to have an interest in the
property to be condemned. Said notice shall be given in the
manner provided by RCW 8.20.020 as amended. The
committee shall publish notice of said application at least
once each week for three successive weeks in some newspaper of general circulation in the county or counties where the
proposed underground storage project is located. If no
written requests for hearing on the application are received
by the committee within forty-five days from the date of
service of notice of the application and publication thereof,
the committee may proceed without hearing and issue its
order. If a hearing is requested, a public hearing on the
application will be held within the county or one of the
counties where the proposed underground storage project is
located. Any order approving the proposed underground
storage project shall contain findings that (1) the underground storage of natural gas in the lands or property sought
to be condemned is in the public interest and welfare; (2) the
underground reservoir is reasonably practicable, and the
applicant has complied with all applicable oil and gas
conservation laws of the state of Washington; (3) the
underground reservoir sought to be condemned is nonproductive of economically recoverable valuable minerals or
materials, or of oil or gas in commercial quantities under
either primary or secondary recovery methods, and nonproductive of fresh water in commercial quantities with feasible
and reasonable pumping lift; (4) the natural gas company has
acquired the right by grant, lease or other agreement to store
natural gas under at least sixty-five percent of the area of the
surface of the land under which such proposed underground
storage reservoir extends; (5) the natural gas company carries
public liability insurance or has deposited collateral in
amounts satisfactory to the committee or has furnished a
financial statement showing assets in a satisfactory amount,
to secure payment of any liability resulting from any
occurrence arising out of or caused by the operation or use
of any underground reservoir or facilities incidental thereto;
(6) the underground storage project will not injure, pollute,
or contaminate any usable fresh water resources; (7) the
underground storage project will not injure, interfere with, or
endanger any mineral resources or the development or
extraction thereof. The order of the committee may be reviewed in the manner provided by chapter 34.05 RCW:
PROVIDED, That if an appeal is not commenced within
thirty days of the date of the order of the committee, the
[Title 80 RCW—page 53]
80.40.040
Title 80 RCW: Public Utilities
same shall be final and conclusive. [1988 c 127 § 35; 1963
c 201 § 5.]
*Reviser’s note: The duties of the oil and gas conservation
committee were transferred to the department of natural resources by 1994
sp.s. c 9, effective July 1, 1994.
80.40.050 Rights of company using storage—Rights
of owners of condemned land and interests therein. All
natural gas in an underground reservoir utilized for underground storage, whether acquired by eminent domain or
otherwise, shall at all times be the property of the natural
gas company utilizing said underground storage, its heirs,
successors, or assigns; and in no event shall such gas be subject to any right of the owner of the surface of the land
under which said underground reservoir lies or of the owner
of any mineral interest therein or of any person other than
the said natural gas company, its heirs, successors and
assigns to release, produce, take, reduce to possession, or
otherwise interfere with or exercise any control thereof:
PROVIDED, That the right of condemnation hereby granted
shall be without prejudice to the rights of the owner of the
condemned lands or of the rights and interest therein to drill
or bore through the underground reservoir in such a manner
as shall protect the underground reservoir against pollution
and against the escape of natural gas in a manner which
complies with the orders, rules and regulations of the *oil
and gas conservation committee issued for the purpose of
protecting underground storage and shall be without prejudice to the rights of the owners of said lands or other rights
or interests therein as to all other uses thereof. The additional cost of complying with regulations or orders to protect
the underground storage shall be paid by the condemnor.
[1963 c 201 § 6.]
*Reviser’s note: The duties of the oil and gas conservation
committee were transferred to the department of natural resources by 1994
sp.s. c 9, effective July 1, 1994.
80.40.060 Leases by commissioner of public lands.
The commissioner of public lands is authorized to lease
public lands, property, or any interest therein for the purpose
of underground storage of natural gas. Any such lease shall
be upon such terms and conditions as the said commissioner
may deem for the best interests of the state and as are
customary and proper for the protection of the rights of the
state and of the lessee and of the owners of the surface of
the leased lands, and may be for such primary term as said
commissioner may determine and as long thereafter as the
lessee continues to use such lands, property, or interest
therein for underground storage of gas. [1963 c 201 § 7.]
80.40.070 Leases by county commissioners. Whenever it shall appear to the board of county commissioners of
any county that it is for the best interests of said county, the
taxing districts and the people thereof, that any countyowned or tax-acquired property owned by the county, either
absolutely or as trustee, should be leased for the purpose of
underground storage of natural gas therein, said board of
county commissioners is hereby authorized to enter into
written leases under the terms of which any county-owned
lands, property, or interest therein are leased for the aforementioned purposes, with or without an option to purchase
the land surface. Any such lease shall be upon such terms
[Title 80 RCW—page 54]
and conditions as said county commissioners may deem for
the best interests of said county and the taxing districts, and
may be for such primary term as said board may determine
and as long thereafter as the lessee continues to use the said
lands, property, or interest therein for underground storage
of natural gas. [1963 c 201 § 8.]
80.40.900 Short title. This act shall be known as the
"Underground Natural Gas Storage Act." [1963 c 201 § 9.]
80.40.910 Chapter to be liberally construed. It is
intended that the provisions of this chapter shall be liberally
construed to accomplish the purposes authorized and
provided for. [1963 c 201 § 10.]
80.40.920 Severability—1963 c 201. If any part or
parts of this chapter or the application thereof to any person
or circumstances is held to be unconstitutional such invalidity shall not affect the validity of the remaining portions of
this chapter, or the application thereof to other persons or
circumstances. [1963 c 201 § 11.]
Chapter 80.50
ENERGY FACILITIES—SITE LOCATIONS
Sections
80.50.010
80.50.020
80.50.030
80.50.040
80.50.060
80.50.071
80.50.075
80.50.080
80.50.085
80.50.090
80.50.100
80.50.105
80.50.110
80.50.120
80.50.130
80.50.140
80.50.150
80.50.160
80.50.175
80.50.180
80.50.190
80.50.300
80.50.310
80.50.320
80.50.900
80.50.901
80.50.902
80.50.903
80.50.904
Legislative finding—Policy—Intent.
Definitions.
Energy facility site evaluation council—Created—
Membership—Support.
Energy facility site evaluation council—Powers enumerated.
Energy facilities to which chapter applies—Applications for
certification—Forms—Information.
Council to receive applications—Fees or charges for application processing or certification monitoring.
Expedited processing of applications.
Counsel for the environment.
Council staff to assist applicants, make recommendations.
Public hearings.
Recommendations to governor—Approval or rejection of
certification—Reconsideration.
Transmission facilities for petroleum products—
Recommendations to governor.
Chapter governs and supersedes other law or regulations—
Preemption of regulation and certification by state.
Effect of certification.
Revocation or suspension of certification—Grounds.
Review.
Enforcement of compliance—Penalties.
Availability of information.
Study of potential sites—Fee—Disposition of payments.
Proposals and actions by other state agencies and local political subdivisions pertaining to energy facilities exempt
from "detailed statement" required by RCW 43.21C.030.
Disposition of receipts from applicants.
Unfinished nuclear power projects—Transfer of all or a
portion of a site to a political subdivision or subdivisions of the state—Water rights.
Council actions—Exemption from chapter 43.21C RCW.
Governor to evaluate council efficiency, make recommendations.
Severability—1970 ex.s. c 45.
Severability—1974 ex.s. c 110.
Severability—1977 ex.s. c 371.
Severability—1996 c 4.
Effective date—1996 c 4.
(2002 Ed.)
Energy Facilities—Site Locations
Reviser’s note: Powers and duties of the department of social and
health services and the secretary of social and health services transferred to
the department of health and the secretary of health. See RCW 43.70.060.
Energy supply emergencies: Chapter 43.21G RCW.
Regulation of dangerous wastes associated with energy facilities: RCW
70.105.110.
State energy office: Chapter 43.21F RCW.
Water pollution control, energy facilities, permits, etc., duties of energy
facility site evaluation council: RCW 90.48.262.
80.50.010 Legislative finding—Policy—Intent. The
legislature finds that the present and predicted growth in
energy demands in the state of Washington requires the
development of a procedure for the selection and utilization
of sites for energy facilities and the identification of a state
position with respect to each proposed site. The legislature
recognizes that the selection of sites will have a significant
impact upon the welfare of the population, the location and
growth of industry and the use of the natural resources of the
state.
It is the policy of the state of Washington to recognize
the pressing need for increased energy facilities, and to
ensure through available and reasonable methods, that the
location and operation of such facilities will produce minimal adverse effects on the environment, ecology of the land
and its wildlife, and the ecology of state waters and their
aquatic life.
It is the intent to seek courses of action that will balance
the increasing demands for energy facility location and
operation in conjunction with the broad interests of the
public. Such action will be based on these premises:
(1) To assure Washington state citizens that, where
applicable, operational safeguards are at least as stringent as
the criteria established by the federal government and are
technically sufficient for their welfare and protection.
(2) To preserve and protect the quality of the environment; to enhance the public’s opportunity to enjoy the
esthetic and recreational benefits of the air, water and land
resources; to promote air cleanliness; and to pursue beneficial changes in the environment.
(3) To provide abundant energy at reasonable cost.
(4) To avoid costs of complete site restoration and
demolition of improvements and infrastructure at unfinished
nuclear energy sites, and to use unfinished nuclear energy
facilities for public uses, including economic development,
under the regulatory and management control of local
governments and port districts.
(5) To avoid costly duplication in the siting process and
ensure that decisions are made timely and without unnecessary delay. [2001 c 214 § 1; 1996 c 4 § 1; 1975-’76 2nd
ex.s. c 108 § 29; 1970 ex.s. c 45 § 1.]
Severability—2001 c 214: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 c 214 § 33.]
Effective date—2001 c 214: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 8, 2001]." [2001 c 214 § 34.]
Findings—2001 c 214: See note following RCW 39.35.010.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
Nuclear power facilities, joint operation: Chapter 54.44 RCW.
(2002 Ed.)
Chapter 80.50
State energy office: Chapter 43.21F RCW.
80.50.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Applicant" means any person who makes application for a site certification pursuant to the provisions of this
chapter.
(2) "Application" means any request for approval of a
particular site or sites filed in accordance with the procedures established pursuant to this chapter, unless the context
otherwise requires.
(3) "Person" means an individual, partnership, joint
venture, private or public corporation, association, firm,
public service company, political subdivision, municipal
corporation, government agency, public utility district, or any
other entity, public or private, however organized.
(4) "Site" means any proposed or approved location of
an energy facility.
(5) "Certification" means a binding agreement between
an applicant and the state which shall embody compliance to
the siting guidelines, in effect as of the date of certification,
which have been adopted pursuant to RCW 80.50.040 as
now or hereafter amended as conditions to be met prior to or
concurrent with the construction or operation of any energy
facility.
(6) "Associated facilities" means storage, transmission,
handling, or other related and supporting facilities connecting
an energy plant with the existing energy supply, processing,
or distribution system, including, but not limited to, communications, controls, mobilizing or maintenance equipment,
instrumentation, and other types of ancillary transmission
equipment, off-line storage or venting required for efficient
operation or safety of the transmission system and overhead,
and surface or subsurface lines of physical access for the
inspection, maintenance, and safe operations of the transmission facility and new transmission lines constructed to
operate at nominal voltages in excess of 200,000 volts to
connect a thermal power plant to the northwest power grid:
PROVIDED, That common carrier railroads or motor
vehicles shall not be included.
(7) "Transmission facility" means any of the following
together with their associated facilities:
(a) Crude or refined petroleum or liquid petroleum
product transmission pipeline of the following dimensions:
A pipeline larger than six inches minimum inside diameter
between valves for the transmission of these products with
a total length of at least fifteen miles;
(b) Natural gas, synthetic fuel gas, or liquified petroleum gas transmission pipeline of the following dimensions:
A pipeline larger than fourteen inches minimum inside
diameter between valves, for the transmission of these
products, with a total length of at least fifteen miles for the
purpose of delivering gas to a distribution facility, except an
interstate natural gas pipeline regulated by the United States
federal power commission.
(8) "Independent consultants" means those persons who
have no financial interest in the applicant’s proposals and
who are retained by the council to evaluate the applicant’s
proposals, supporting studies, or to conduct additional
studies.
[Title 80 RCW—page 55]
80.50.020
Title 80 RCW: Public Utilities
(9) "Thermal power plant" means, for the purpose of
certification, any electrical generating facility using any fuel,
including nuclear materials, for distribution of electricity by
electric utilities.
(10) "Energy facility" means an energy plant or transmission facilities: PROVIDED, That the following are
excluded from the provisions of this chapter:
(a) Facilities for the extraction, conversion, transmission
or storage of water, other than water specifically consumed
or discharged by energy production or conversion for energy
purposes; and
(b) Facilities operated by and for the armed services for
military purposes or by other federal authority for the
national defense.
(11) "Council" means the energy facility site evaluation
council created by RCW 80.50.030.
(12) "Counsel for the environment" means an assistant
attorney general or a special assistant attorney general who
shall represent the public in accordance with RCW
80.50.080.
(13) "Construction" means on-site improvements,
excluding exploratory work, which cost in excess of two
hundred fifty thousand dollars.
(14) "Energy plant" means the following facilities
together with their associated facilities:
(a) Any stationary thermal power plant with generating
capacity of three hundred fifty thousand kilowatts or more,
measured using maximum continuous electric generating
capacity, less minimum auxiliary load, at average ambient
temperature and pressure, and floating thermal power plants
of one hundred thousand kilowatts or more, including
associated facilities. For the purposes of this subsection,
"floating thermal power plants" means a thermal power plant
that is suspended on the surface of water by means of a
barge, vessel, or other floating platform;
(b) Facilities which will have the capacity to receive
liquified natural gas in the equivalent of more than one
hundred million standard cubic feet of natural gas per day,
which has been transported over marine waters;
(c) Facilities which will have the capacity to receive
more than an average of fifty thousand barrels per day of
crude or refined petroleum or liquified petroleum gas which
has been or will be transported over marine waters, except
that the provisions of this chapter shall not apply to storage
facilities unless occasioned by such new facility construction;
(d) Any underground reservoir for receipt and storage of
natural gas as defined in RCW 80.40.010 capable of delivering an average of more than one hundred million standard
cubic feet of natural gas per day; and
(e) Facilities capable of processing more than twentyfive thousand barrels per day of petroleum into refined
products.
(15) "Land use plan" means a comprehensive plan or
land use element thereof adopted by a unit of local government pursuant to chapters 35.63, 35A.63, or 36.70 RCW.
(16) "Zoning ordinance" means an ordinance of a unit
of local government regulating the use of land and adopted
pursuant to chapters 35.63, 35A.63, or 36.70 RCW or Article
XI of the state Constitution.
(17) "Alternative energy resource" means: (a) Wind; (b)
solar energy; (c) geothermal energy; (d) landfill gas; (e)
wave or tidal action; or (f) biomass energy based on solid
[Title 80 RCW—page 56]
organic fuels from wood, forest, or field residues, or dedicated energy crops that do not include wood pieces that have
been treated with chemical preservatives such as creosote,
pentachlorophenol, or copper-chrome-arsenic. [2001 c 214
§ 3; 1995 c 69 § 1; 1977 ex.s. c 371 § 2; 1975-’76 2nd ex.s.
c 108 § 30; 1970 ex.s. c 45 § 2.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
80.50.030 Energy facility site evaluation council—
Created—Membership—Support. (1) There is created and
established the energy facility site evaluation council.
(2)(a) The chair of the council shall be appointed by the
governor with the advice and consent of the senate, shall
have a vote on matters before the council, shall serve for a
term coextensive with the term of the governor, and is
removable for cause. The chair may designate a member of
the council to serve as acting chair in the event of the chair’s
absence. The salary of the chair shall be determined under
RCW 43.03.040. The chair is a "state employee" for the
purposes of chapter 42.52 RCW. As applicable, when
attending meetings of the council, members may receive
reimbursement for travel expenses in accordance with RCW
43.03.050 and 43.03.060, and are eligible for compensation
under RCW 43.03.250.
(b) The chair or a designee shall execute all official
documents, contracts, and other materials on behalf of the
council. The Washington state department of community,
trade, and economic development shall provide all administrative and staff support for the council. The director of the
department of community, trade, and economic development
has supervisory authority over the staff of the council and
shall employ such personnel as are necessary to implement
this chapter. Not more than three such employees may be
exempt from chapter 41.06 RCW.
(3)(a) The council shall consist of the directors, administrators, or their designees, of the following departments,
agencies, commissions, and committees or their statutory
successors:
(i) Department of ecology;
(ii) Department of fish and wildlife;
(iii) Department of community, trade, and economic
development;
(iv) Utilities and transportation commission; and
(v) Department of natural resources.
(b) The directors, administrators, or their designees, of
the following departments, agencies, and commissions, or
their statutory successors, may participate as councilmembers
at their own discretion provided they elect to participate no
later than sixty days after an application is filed:
(i) Department of agriculture;
(ii) Department of health;
(iii) Military department; and
(iv) Department of transportation.
(c) Council membership is discretionary for agencies
that choose to participate under (b) of this subsection only
for applications that are filed with the council on or after
May 8, 2001. For applications filed before May 8, 2001,
(2002 Ed.)
Energy Facilities—Site Locations
council membership is mandatory for those agencies listed
in (b) of this subsection.
(4) The appropriate county legislative authority of every
county wherein an application for a proposed site is filed
shall appoint a member or designee as a voting member to
the council. The member or designee so appointed shall sit
with the council only at such times as the council considers
the proposed site for the county which he or she represents,
and such member or designee shall serve until there has been
a final acceptance or rejection of the proposed site.
(5) The city legislative authority of every city within
whose corporate limits an energy plant is proposed to be
located shall appoint a member or designee as a voting
member to the council. The member or designee so appointed shall sit with the council only at such times as the council
considers the proposed site for the city which he or she
represents, and such member or designee shall serve until
there has been a final acceptance or rejection of the proposed
site.
(6) For any port district wherein an application for a
proposed port facility is filed subject to this chapter, the port
district shall appoint a member or designee as a nonvoting
member to the council. The member or designee so appointed shall sit with the council only at such times as the council
considers the proposed site for the port district which he or
she represents, and such member or designee shall serve
until there has been a final acceptance or rejection of the
proposed site. The provisions of this subsection shall not
apply if the port district is the applicant, either singly or in
partnership or association with any other person. [2001 c
214 § 4; 1996 c 186 § 108. Prior: 1994 c 264 § 75; 1994
c 154 § 315; 1990 c 12 § 3; 1988 c 36 § 60; 1986 c 266 §
51; prior: 1985 c 466 § 71; 1985 c 67 § 1; 1985 c 7 § 151;
prior: 1984 c 125 § 18; 1984 c 7 § 372; 1977 ex.s. c 371 §
3; 1975-’76 2nd ex.s. c 108 § 31; 1974 ex.s. c 171 § 46;
1970 ex.s. c 45 § 3.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Effective date—1990 c 12: "This act shall take effect July 1, 1990."
[1990 c 12 § 12.]
Severability—1986 c 266: See note following RCW 38.52.005.
Effective date—Severability—1985 c 466: See notes following
RCW 43.31.125.
Severability—Headings—Effective date—1984 c 125: See RCW
43.63A.901 through 43.63A.903.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
80.50.040 Energy facility site evaluation council—
Powers enumerated. The council shall have the following
powers:
(1) To adopt, promulgate, amend, or rescind suitable
rules and regulations, pursuant to chapter 34.05 RCW, to
carry out the provisions of this chapter, and the policies and
practices of the council in connection therewith;
(2002 Ed.)
80.50.030
(2) To develop and apply environmental and ecological
guidelines in relation to the type, design, location, construction, and operational conditions of certification of energy
facilities subject to this chapter;
(3) To establish rules of practice for the conduct of
public hearings pursuant to the provisions of the Administrative Procedure Act, as found in chapter 34.05 RCW;
(4) To prescribe the form, content, and necessary
supporting documentation for site certification;
(5) To receive applications for energy facility locations
and to investigate the sufficiency thereof;
(6) To make and contract, when applicable, for independent studies of sites proposed by the applicant;
(7) To conduct hearings on the proposed location of the
energy facilities;
(8) To prepare written reports to the governor which
shall include: (a) A statement indicating whether the
application is in compliance with the council’s guidelines,
(b) criteria specific to the site and transmission line routing,
(c) a council recommendation as to the disposition of the
application, and (d) a draft certification agreement when the
council recommends approval of the application;
(9) To prescribe the means for monitoring of the effects
arising from the construction and the operation of energy
facilities to assure continued compliance with terms of
certification and/or permits issued by the council pursuant to
chapter 90.48 RCW or subsection (12) of this section:
PROVIDED, That any on-site inspection required by the
council shall be performed by other state agencies pursuant
to interagency agreement: PROVIDED FURTHER, That the
council may retain authority for determining compliance
relative to monitoring;
(10) To integrate its site evaluation activity with
activities of federal agencies having jurisdiction in such
matters to avoid unnecessary duplication;
(11) To present state concerns and interests to other
states, regional organizations, and the federal government on
the location, construction, and operation of any energy
facility which may affect the environment, health, or safety
of the citizens of the state of Washington;
(12) To issue permits in compliance with applicable
provisions of the federally approved state implementation
plan adopted in accordance with the Federal Clean Air Act,
as now existing or hereafter amended, for the new construction, reconstruction, or enlargement or operation of energy
facilities: PROVIDED, That such permits shall become
effective only if the governor approves an application for
certification and executes a certification agreement pursuant
to this chapter: AND PROVIDED FURTHER, That all such
permits be conditioned upon compliance with all provisions
of the federally approved state implementation plan which
apply to energy facilities covered within the provisions of
this chapter; and
(13) To serve as an interagency coordinating body for
energy-related issues. [2001 c 214 § 6; 1990 c 12 § 4; 1985
c 67 § 2; 1979 ex.s. c 254 § 1; 1977 ex.s. c 371 § 4; 1975’76 2nd ex.s. c 108 § 32; 1970 ex.s. c 45 § 4.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Effective date—1990 c 12: See note following RCW 80.50.030.
[Title 80 RCW—page 57]
80.50.040
Title 80 RCW: Public Utilities
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
80.50.060 Energy facilities to which chapter applies—Applications for certification—Forms—
Information. (1) The provisions of this chapter shall apply
to the construction of energy facilities which includes the
new construction of energy facilities and the reconstruction
or enlargement of existing energy facilities where the net
increase in physical capacity or dimensions resulting from
such reconstruction or enlargement meets or exceeds those
capacities or dimensions set forth in RCW 80.50.020 (7) and
(14). No construction of such energy facilities may be
undertaken, except as otherwise provided in this chapter,
after July 15, 1977, without first obtaining certification in the
manner provided in this chapter.
(2) The provisions of this chapter apply to the construction, reconstruction, or enlargement of a new or existing
energy facility that exclusively uses alternative energy
resources and chooses to receive certification under this
chapter, regardless of the generating capacity of the project.
(3) The provisions of this chapter shall not apply to
normal maintenance and repairs which do not increase the
capacity or dimensions beyond those set forth in RCW
80.50.020 (7) and (14).
(4) Applications for certification of energy facilities
made prior to July 15, 1977 shall continue to be governed by
the applicable provisions of law in effect on the day immediately preceding July 15, 1977 with the exceptions of RCW
80.50.190 and 80.50.071 which shall apply to such prior
applications and to site certifications prospectively from July
15, 1977.
(5) Applications for certification shall be upon forms
prescribed by the council and shall be supported by such
information and technical studies as the council may require.
[2001 c 214 § 2; 1977 ex.s. c 371 § 5; 1975-’76 2nd ex.s. c
108 § 34; 1970 ex.s. c 45 § 6.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
80.50.071 Council to receive applications—Fees or
charges for application processing or certification monitoring. (1) The council shall receive all applications for
energy facility site certification. The following fees or
charges for application processing or certification monitoring
shall be paid by the applicant or certificate holder:
(a) A fee of twenty-five thousand dollars for each
proposed site, to be applied toward the cost of the independent consultant study authorized in this subsection, shall
accompany the application and shall be a condition precedent
to any further consideration or action on the application by
the council. The council shall commission its own independent consultant study to measure the consequences of the
proposed energy facility on the environment for each site
application. The council shall direct the consultant to study
any matter which it deems essential to an adequate appraisal
of the site. The full cost of the study shall be paid by the
applicant: PROVIDED, That said costs exceeding a total of
the twenty-five thousand dollars paid pursuant to subsection
[Title 80 RCW—page 58]
(1)(a) of this section shall be payable subject to the applicant
giving prior approval to such excess amount.
(b) Each applicant shall, in addition to the costs of the
independent consultant provided by subsection (1)(a) of this
section, pay such reasonable costs as are actually and
necessarily incurred by the council in processing the application. Such costs shall include, but are not limited to, costs
of a hearing examiner, a court reporter, additional staff
salaries, wages and employee benefits, goods and services,
travel expenses within the state and miscellaneous expenses,
as arise directly from processing such application.
Each applicant shall, at the time of application submission, deposit twenty thousand dollars, or such lesser amount
as may be specified by council rule, to cover costs provided
for by subsection (1)(b) of this section. Reasonable and
necessary costs of the council directly attributable to application processing shall be charged against such deposit.
The council shall submit to each applicant a statement
of such expenditures actually made during the preceding
calendar quarter which shall be in sufficient detail to explain
such expenditures. The applicant shall pay the state treasurer the amount of such statement to restore the total
amount on deposit to the originally established level:
PROVIDED, That such applicant may, at the request of the
council, increase the amount of funds on deposit to cover
anticipated expenses during peak periods of application
processing. Any funds remaining unexpended at the conclusion of application processing shall be refunded to the applicant, or at the applicant’s option, credited against required
deposits of certificate holders.
(c) Each certificate holder shall pay such reasonable
costs as are actually and necessarily incurred by the council
for inspection and determination of compliance by the
certificate holder with the terms of the certification relative
to monitoring the effects of construction and operation of the
facility.
Each certificate holder, within thirty days of execution
of the site certification agreement, shall deposit twenty
thousand dollars, or such other amount as may be specified
by council rule, to cover costs provided for by subsection
(1)(c) of this section. Reasonable and necessary costs of the
council directly attributable to inspection and determination
of compliance by the certificate holder with the terms of the
certification relative to monitoring the effects of construction
and operation of the facility shall be charged against such
deposit.
The council shall submit to each certificate holder a
statement of such expenditures actually made during the
preceding calendar quarter which shall be in sufficient detail
to explain such expenditures. The certificate holder shall
pay the state treasurer the amount of such statement to
restore the total amount on deposit to the originally established level: PROVIDED, That if the actual, reasonable, and
necessary expenditures for inspection and determination of
compliance in the preceding calendar quarter have exceeded
the amount of funds on deposit, such excess costs shall be
paid by the certificate holder.
(2) If an applicant or certificate holder fails to provide
the initial deposit, or if subsequently required payments are
not received within thirty days following receipt of the
statement from the council, the council may (a) in the case
of the applicant, suspend processing of the application until
(2002 Ed.)
Energy Facilities—Site Locations
80.50.071
payment is received; or (b) in the case of a certificate holder,
suspend the certification.
(3) All payments required of the applicant or certificate
holder under this section are to be made to the state treasurer
who shall make payments as instructed by the council from
the funds submitted. All such funds shall be subject to state
auditing procedures. Any unexpended portions thereof shall
be returned to the applicant or certificate holder. [1977 ex.s.
c 371 § 16.]
(2) Council staff shall review all information submitted
and recommend resolutions to issues in dispute that would
allow site approval.
(3) Council staff may make recommendations to the
council on conditions that would allow site approval. [2001
c 214 § 5.]
80.50.075 Expedited processing of applications. (1)
Any person required to file an application for certification of
an energy facility pursuant to this chapter may apply to the
council for an expedited processing of such an application.
The application for expedited processing shall be submitted
to the council in such form and manner and accompanied by
such information as may be prescribed by council rule. The
council may grant an applicant expedited processing of an
application for certification upon finding that:
(a) The environmental impact of the proposed energy
facility;
(b) The area potentially affected;
(c) The cost and magnitude of the proposed energy
facility; and
(d) The degree to which the proposed energy facility
represents a change in use of the proposed site
are not significant enough to warrant a full review of the
application for certification under the provisions of this
chapter.
(2) Upon granting an applicant expedited processing of
an application for certification, the council shall not be
required to:
(a) Commission an independent study, notwithstanding
the provisions of RCW 80.50.071; nor
(b) Hold an adjudicative proceeding under chapter 34.05
RCW, the Administrative Procedure Act, on the application.
(3) The council shall adopt rules governing the expedited processing of an application for certification pursuant to
this section. [1989 c 175 § 172; 1977 ex.s. c 371 § 17.]
80.50.090 Public hearings. (1) The council shall
conduct an informational public hearing in the county of the
proposed site as soon as practicable but not later than sixty
days after receipt of an application for site certification:
PROVIDED, That the place of such public hearing shall be
as close as practical to the proposed site.
(2) Subsequent to the informational public hearing, the
council shall conduct a public hearing to determine whether
or not the proposed site is consistent and in compliance with
county or regional land use plans or zoning ordinances. If
it is determined that the proposed site does conform with
existing land use plans or zoning ordinances in effect as of
the date of the application, the county or regional planning
authority shall not thereafter change such land use plans or
zoning ordinances so as to affect the proposed site.
(3) Prior to the issuance of a council recommendation
to the governor under RCW 80.50.100 a public hearing,
conducted as an adjudicative proceeding under chapter 34.05
RCW, the Administrative Procedure Act, shall be held. At
such public hearing any person shall be entitled to be heard
in support of or in opposition to the application for certification.
(4) Additional public hearings shall be held as deemed
appropriate by the council in the exercise of its functions
under this chapter. [2001 c 214 § 7; 1989 c 175 § 173;
1970 ex.s. c 45 § 9.]
Effective date—1989 c 175: See note following RCW 34.05.010.
80.50.080 Counsel for the environment. After the
council has received a site application, the attorney general
shall appoint an assistant attorney general as a counsel for
the environment. The counsel for the environment shall
represent the public and its interest in protecting the quality
of the environment. Costs incurred by the counsel for the
environment in the performance of these duties shall be
charged to the office of the attorney general, and shall not be
a charge against the appropriation to the energy facility site
evaluation council. He shall be accorded all the rights,
privileges and responsibilities of an attorney representing a
party in a formal action. This section shall not be construed
to prevent any person from being heard or represented by
counsel in accordance with the other provisions of this
chapter. [1977 ex.s. c 371 § 6; 1970 ex.s. c 45 § 8.]
80.50.085 Council staff to assist applicants, make
recommendations. (1) After the council has received a site
application, council staff shall assist applicants in identifying
issues presented by the application.
(2002 Ed.)
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
Effective date—1989 c 175: See note following RCW 34.05.010.
80.50.100 Recommendations to governor—Approval
or rejection of certification—Reconsideration. (1) The
council shall report to the governor its recommendations as
to the approval or rejection of an application for certification
within twelve months of receipt by the council of such an
application, or such later time as is mutually agreed by the
council and the applicant. If the council recommends
approval of an application for certification, it shall also
submit a draft certification agreement with the report. The
council shall include conditions in the draft certification
agreement to implement the provisions of this chapter,
including, but not limited to, conditions to protect state or
local governmental or community interests affected by the
construction or operation of the energy facility, and conditions designed to recognize the purpose of laws or ordinances, or rules or regulations promulgated thereunder, that are
preempted or superseded pursuant to RCW 80.50.110 as now
or hereafter amended.
(2) Within sixty days of receipt of the council’s report
the governor shall take one of the following actions:
[Title 80 RCW—page 59]
80.50.100
Title 80 RCW: Public Utilities
(a) Approve the application and execute the draft
certification agreement; or
(b) Reject the application; or
(c) Direct the council to reconsider certain aspects of the
draft certification agreement.
The council shall reconsider such aspects of the draft
certification agreement by reviewing the existing record of
the application or, as necessary, by reopening the adjudicative proceeding for the purposes of receiving additional
evidence. Such reconsideration shall be conducted expeditiously. The council shall resubmit the draft certification to
the governor incorporating any amendments deemed necessary upon reconsideration. Within sixty days of receipt of
such draft certification agreement, the governor shall either
approve the application and execute the certification agreement or reject the application. The certification agreement
shall be binding upon execution by the governor and the
applicant.
(3) The rejection of an application for certification by
the governor shall be final as to that application but shall not
preclude submission of a subsequent application for the same
site on the basis of changed conditions or new information.
[1989 c 175 § 174; 1977 ex.s. c 371 § 8; 1975-’76 2nd ex.s.
c 108 § 36; 1970 ex.s. c 45 § 10.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
80.50.105 Transmission facilities for petroleum
products—Recommendations to governor. In making its
recommendations to the governor under this chapter regarding an application that includes transmission facilities for
petroleum products, the council shall give appropriate weight
to city or county facility siting standards adopted for the
protection of sole source aquifers. [1991 c 200 § 1112.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
80.50.110 Chapter governs and supersedes other
law or regulations—Preemption of regulation and
certification by state. (1) If any provision of this chapter
is in conflict with any other provision, limitation, or restriction which is now in effect under any other law of this state,
or any rule or regulation promulgated thereunder, this
chapter shall govern and control and such other law or rule
or regulation promulgated thereunder shall be deemed
superseded for the purposes of this chapter.
(2) The state hereby preempts the regulation and
certification of the location, construction, and operational
conditions of certification of the energy facilities included
under RCW 80.50.060 as now or hereafter amended. [1975’76 2nd ex.s. c 108 § 37; 1970 ex.s. c 45 § 11.]
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
80.50.120 Effect of certification. (1) Subject to the
conditions set forth therein any certification shall bind the
state and each of its departments, agencies, divisions,
bureaus, commissions, boards, and political subdivisions,
whether a member of the council or not, as to the approval
[Title 80 RCW—page 60]
of the site and the construction and operation of the proposed energy facility.
(2) The certification shall authorize the person named
therein to construct and operate the proposed energy facility
subject only to the conditions set forth in such certification.
(3) The issuance of a certification shall be in lieu of any
permit, certificate or similar document required by any
department, agency, division, bureau, commission, board, or
political subdivision of this state, whether a member of the
council or not. [1977 ex.s. c 371 § 10; 1975-’76 2nd ex.s.
c 108 § 38; 1970 ex.s. c 45 § 12.]
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
80.50.130 Revocation or suspension of certification—Grounds. Any certification may be revoked or
suspended:
(1) For any material false statement in the application or
in the supplemental or additional statements of fact or
studies required of the applicant when a true answer would
have warranted the council’s refusal to recommend certification in the first instance; or
(2) For failure to comply with the terms or conditions
of the original certification; or
(3) For violation of the provisions of this chapter,
regulations issued thereunder or order of the council. [1970
ex.s. c 45 § 13.]
80.50.140 Review. (1) A final decision pursuant to
RCW 80.50.100 on an application for certification shall be
subject to judicial review pursuant to provisions of chapter
34.05 RCW and this section. Petitions for review of such a
decision shall be filed in the Thurston county superior court.
All petitions for review of a decision under RCW 80.50.100
shall be consolidated into a single proceeding before the
Thurston county superior court. The Thurston county
superior court shall certify the petition for review to the
supreme court upon the following conditions:
(a) Review can be made on the administrative record;
(b) Fundamental and urgent interests affecting the public
interest and development of energy facilities are involved
which require a prompt determination;
(c) Review by the supreme court would likely be sought
regardless of the determination of the Thurston county
superior court; and
(d) The record is complete for review.
The Thurston county superior court shall assign a
petition for review of a decision under RCW 80.50.100 for
hearing at the earliest possible date and shall expedite such
petition in every way possible. If the court finds that review
cannot be limited to the administrative record as set forth in
subparagraph (a) of this subsection because there are alleged
irregularities in the procedure before the council not found
in the record, but finds that the standards set forth in
subparagraphs (b), (c), and (d) of this subsection are met, the
court shall proceed to take testimony and determine such
factual issues raised by the alleged irregularities and certify
the petition and its determination of such factual issues to
the supreme court. Upon certification, the supreme court
shall assign the petition for hearing at the earliest possible
(2002 Ed.)
Energy Facilities—Site Locations
date, and it shall expedite its review and decision in every
way possible.
(2) Objections raised by any party in interest concerning
procedural error by the council shall be filed with the
council within sixty days of the commission of such error,
or within thirty days of the first public hearing or meeting of
the council at which the general subject matter to which the
error is related is discussed, whichever comes later, or such
objection shall be deemed waived for purposes of judicial
review as provided in this section.
(3) The rules and regulations adopted by the council
shall be subject to judicial review pursuant to the provisions
of chapter 34.05 RCW. [1988 c 202 § 62; 1981 c 64 § 3;
1977 ex.s. c 371 § 11; 1970 ex.s. c 45 § 14.]
Severability—1988 c 202: See note following RCW 2.24.050.
80.50.150 Enforcement of compliance—Penalties.
(1) The courts are authorized to grant such restraining
orders, and such temporary and permanent injunctive relief
as is necessary to secure compliance with this chapter and/or
with a site certification agreement issued pursuant to this
chapter or a National Pollutant Discharge Elimination
System (hereafter in this section, NPDES) permit issued by
the council pursuant to chapter 90.48 RCW or any permit
issued pursuant to RCW 80.50.040(14). The court may
assess civil penalties in an amount not less than one thousand dollars per day nor more than twenty-five thousand
dollars per day for each day of construction or operation in
material violation of this chapter, or in material violation of
any site certification agreement issued pursuant to this
chapter, or in violation of any NPDES permit issued by the
council pursuant to chapter 90.48 RCW, or in violation of
any permit issued pursuant to RCW 80.50.040(14). The
court may charge the expenses of an enforcement action
relating to a site certification agreement under this section,
including, but not limited to, expenses incurred for legal
services and expert testimony, against any person found to
be in material violation of the provisions of such certification: PROVIDED, That the expenses of a person found not
to be in material violation of the provisions of such certification, including, but not limited to, expenses incurred for legal
services and expert testimony, may be charged against the
person or persons bringing an enforcement action or other
action under this section.
(2) Wilful violation of any provision of this chapter
shall be a gross misdemeanor.
(3) Wilful or criminally negligent, as defined in RCW
9A.08.010[(1)](d), violation of any provision of an NPDES
permit issued by the council pursuant to chapter 90.48 RCW
or any permit issued by the council pursuant to RCW
80.50.040(14) or any emission standards promulgated by the
council in order to implement the Federal Clean Air Act and
the state implementation plan with respect to energy facilities
under the jurisdiction provisions of this chapter shall be
deemed a crime, and upon conviction thereof shall be punished by a fine of up to twenty-five thousand dollars per day
and costs of prosecution. Any violation of this subsection
shall be a gross misdemeanor.
(4) Any person knowingly making any false statement,
representation, or certification in any document in any
NPDES form, notice, or report required by an NPDES
(2002 Ed.)
80.50.140
permit or in any form, notice, or report required for or by
any permit issued pursuant to *RCW 80.50.090(14) shall be
deemed guilty of a crime, and upon conviction thereof shall
be punished by a fine of up to ten thousand dollars and costs
of prosecution.
(5) Every person who violates the provisions of certificates and permits issued or administered by the council shall
incur, in addition to any other penalty as provided by law, a
penalty in an amount of up to five thousand dollars a day for
every such violation. Each and every such violation shall be
a separate and distinct offense, and in case of a continuing
violation, every day’s continuance shall be and be deemed to
be a separate and distinct violation. Every act of commission or omission which procures, aids, or abets in the
violation shall be considered a violation under the provisions
of this section and subject to the penalty provided in this
section. The penalty provided in this section shall be
imposed by a notice in writing, either by certified mail with
return receipt requested or by personal service, to the person
incurring the same from the council describing such violation
with reasonable particularity. The council may, upon written
application therefor received within fifteen days after notice
imposing any penalty is received by the person incurring the
penalty, and when deemed in the best interest to carry out
the purposes of this chapter, remit or mitigate any penalty
provided in this section upon such terms as the council shall
deem proper, and shall have authority to ascertain the facts
upon all such applications in such manner and under such
regulations as it may deem proper. Any person incurring
any penalty under this section may appeal the same to the
council. Such appeals shall be filed within thirty days of
receipt of notice imposing any penalty unless an application
for remission or mitigation is made to the council. When an
application for remission or mitigation is made, such appeals
shall be filed within thirty days of receipt of notice from the
council setting forth the disposition of the application. Any
penalty imposed under this section shall become due and
payable thirty days after receipt of a notice imposing the
same unless application for remission or mitigation is made
or an appeal is filed. When an application for remission or
mitigation is made, any penalty incurred hereunder shall
become due and payable thirty days after receipt of notice
setting forth the disposition of the application unless an
appeal is filed from such disposition. Whenever an appeal
of any penalty incurred hereunder is filed, the penalty shall
become due and payable only upon completion of all review
proceedings and the issuance of a final order confirming the
penalty in whole or in part. If the amount of any penalty is
not paid to the council within thirty days after it becomes
due and payable, the attorney general, upon the request of
the council, shall bring an action in the name of the state of
Washington in the superior court of Thurston county or of
any county in which such violator may do business, to
recover such penalty. In all such actions the procedure and
rules of evidence shall be the same as an ordinary civil action except as otherwise provided in this chapter. All
penalties recovered under this section shall be paid into the
state treasury and credited to the general fund.
(6) Civil proceedings to enforce this chapter may be
brought by the attorney general or the prosecuting attorney
of any county affected by the violation on his own motion
or at the request of the council. Criminal proceedings to
[Title 80 RCW—page 61]
80.50.150
Title 80 RCW: Public Utilities
enforce this chapter may be brought by the prosecuting
attorney of any county affected by the violation on his own
motion or at the request of the council.
(7) The remedies and penalties in this section, both civil
and criminal, shall be cumulative and shall be in addition to
any other penalties and remedies available at law, or in
equity, to any person. [1979 ex.s. c 254 § 2; 1979 c 41 § 1;
1977 ex.s. c 371 § 12; 1970 ex.s. c 45 § 15.]
Reviser’s note: (1) This section was amended by 1979 c 41 § 1 and
by 1979 ex.s. c 254 § 2, each without reference to the other. Both
amendments are incorporated in the publication of this section pursuant to
RCW 1.12.025(2). For rule of construction, see RCW 1.12.025(1).
*(2) The reference to RCW 80.50.090(14) appears to be in error; that
section has only four subsections and concerns public hearings, not issuance
of permits. RCW 80.50.040(14) relates to issuance of permits.
80.50.160 Availability of information. The council
shall make available for public inspection and copying
during regular office hours at the expense of any person
requesting copies, any information filed or submitted pursuant to this chapter. [1970 ex.s. c 45 § 16.]
80.50.175 Study of potential sites—Fee—Disposition
of payments. (1) In addition to all other powers conferred
on the council under this chapter, the council shall have the
powers set forth in this section.
(2) The council, upon request of any potential applicant,
is authorized, as provided in this section, to conduct a
preliminary study of any potential site prior to receipt of an
application for site certification. A fee of ten thousand
dollars for each potential site, to be applied toward the cost
of any study agreed upon pursuant to subsection (3) of this
section, shall accompany the request and shall be a condition
precedent to any action on the request by the council.
(3) After receiving a request to study a potential site, the
council shall commission its own independent consultant to
study matters relative to the potential site. The study shall
include, but need not be limited to, the preparation and
analysis of environmental impact information for the
proposed potential site and any other matter the council and
the potential applicant deem essential to an adequate appraisal of the potential site. In conducting the study, the council
is authorized to cooperate and work jointly with the county
or counties in which the potential site is located, any federal,
state, or local governmental agency that might be requested
to comment upon the potential site, and any municipal or
public corporation having an interest in the matter. The full
cost of the study shall be paid by the potential applicant:
PROVIDED, That such costs exceeding a total of ten
thousand dollars shall be payable subject to the potential
applicant giving prior approval to such excess amount.
(4) Any study prepared by the council pursuant to
subsection (3) of this section may be used in place of the
"detailed statement" required by RCW 43.21C.030(2)(c) by
any branch of government except the council created
pursuant to chapter 80.50 RCW.
(5) All payments required of the potential applicant
under this section are to be made to the state treasurer, who
in turn shall pay the consultant as instructed by the council.
All such funds shall be subject to state auditing procedures.
Any unexpended portions thereof shall be returned to the
potential applicant.
[Title 80 RCW—page 62]
(6) Nothing in this section shall change the requirements
for an application for site certification or the requirement of
payment of a fee as provided in RCW 80.50.071, or change
the time for disposition of an application for certification as
provided in RCW 80.50.100.
(7) Nothing in this section shall be construed as preventing a city or county from requiring any information it deems
appropriate to make a decision approving a particular
location. [1983 c 3 § 205; 1977 ex.s. c 371 § 13; 1975-’76
2nd ex.s. c 108 § 40; 1974 ex.s. c 110 § 2.]
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
80.50.180 Proposals and actions by other state
agencies and local political subdivisions pertaining to
energy facilities exempt from "detailed statement"
required by RCW 43.21C.030. Except for actions of the
council under chapter 80.50 RCW, all proposals for legislation and other actions of any branch of government of this
state, including state agencies, municipal and public corporations, and counties, to the extent the legislation or other
action involved approves, authorizes, permits, or establishes
procedures solely for approving, authorizing or permitting,
the location, financing or construction of any energy facility
subject to certification under chapter 80.50 RCW, shall be
exempt from the "detailed statement" required by RCW
43.21C.030. Nothing in this section shall be construed as
exempting any action of the council from any provision of
chapter 43.21C RCW. [1977 ex.s. c 371 § 14.]
80.50.190 Disposition of receipts from applicants.
The state general fund shall be credited with all receipts
from applicants paid to the state pursuant to chapter 80.50
RCW. Such funds shall be used only by the council for the
purposes set forth in chapter 80.50 RCW. All expenditures
shall be authorized by law. [1977 ex.s. c 371 § 15.]
80.50.300 Unfinished nuclear power projects—
Transfer of all or a portion of a site to a political subdivision or subdivisions of the state—Water rights. (1)
This section applies only to unfinished nuclear power
projects. If a certificate holder stops construction of a
nuclear energy facility before completion, terminates the
project or otherwise resolves not to complete construction,
never introduces or stores fuel for the energy facility on the
site, and never operates the energy facility as designed to
produce energy, the certificate holder may contract, establish
interlocal agreements, or use other formal means to effect
the transfer of site restoration responsibilities, which may
include economic development activities, to any political
subdivision or subdivisions of the state composed of elected
officials. The contracts, interlocal agreements, or other
formal means of cooperation may include, but are not
limited to provisions effecting the transfer or conveyance of
interests in the site and energy facilities from the certificate
holder to other political subdivisions of the state, including
costs of maintenance and security, capital improvements, and
demolition and salvage of the unused energy facilities and
infrastructure.
(2) If a certificate holder transfers all or a portion of the
site to a political subdivision or subdivisions of the state
(2002 Ed.)
Energy Facilities—Site Locations
composed of elected officials and located in the same county
as the site, the council shall amend the site certification
agreement to release those portions of the site that it finds
are no longer intended for the development of an energy
facility.
Immediately upon release of all or a portion of the site
pursuant to this section, all responsibilities for maintaining
the public welfare for portions of the site transferred,
including but not limited to health and safety, are transferred
to the political subdivision or subdivisions of the state. For
sites located on federal land, all responsibilities for maintaining the public welfare for all of the site, including but not
limited to health and safety, must be transferred to the
political subdivision or subdivisions of the state irrespective
of whether all or a portion of the site is released.
(3) The legislature finds that for all or a portion of sites
that have been transferred to a political subdivision or
subdivisions of the state prior to September 1, 1999, ensuring water for site restoration including economic development, completed pursuant to this section can best be
accomplished by a transfer of existing surface water rights,
and that such a transfer is best accomplished administratively
through procedures set forth in existing statutes and rules.
However, if a transfer of water rights is not possible, the
department of ecology shall, within six months of the
transfer of the site or portion thereof pursuant to subsection
(1) of this section, create a trust water right under chapter
90.42 RCW containing between ten and twenty cubic feet
per second for the benefit of the appropriate political
subdivision or subdivisions of the state. The trust water
right shall be used in fulfilling site restoration responsibilities, including economic development. The trust water right
shall be from existing valid water rights within the basin
where the site is located.
(4) For purposes of this section, "political subdivision or
subdivisions of the state" means a city, town, county, public
utility district, port district, or joint operating agency. [2000
c 243 § 1; 1996 c 4 § 2.]
80.50.310 Council actions—Exemption from chapter
43.21C RCW. Council actions pursuant to the transfer of
the site or portions of the site under RCW 80.50.300 are
exempt from the provisions of chapter 43.21C RCW. [1996
c 4 § 3.]
80.50.320 Governor to evaluate council efficiency,
make recommendations. The governor shall undertake an
evaluation of the operations of the council to assess means
to enhance its efficiency. The assessment must include
whether the efficiency of the siting process would be
improved by conducting the process under the state environmental policy act in a particular sequence relative to the
adjudicative proceeding. The results of this assessment may
include recommendations for administrative changes,
statutory changes, or expanded staffing levels. [2001 c 214
§ 8.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
(2002 Ed.)
80.50.300
80.50.900 Severability—1970 ex.s. c 45. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances, is not affected. [1970 ex.s. c 45 § 17.]
80.50.901 Severability—1974 ex.s. c 110. If any
provision of this 1974 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances, is not affected. [1974 ex.s. c 110 § 3.]
80.50.902 Severability—1977 ex.s. c 371. If any
provision of this 1977 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1977 ex.s. c 371 § 20.]
80.50.903 Severability—1996 c 4. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1996 c 4 § 5.]
80.50.904 Effective date—1996 c 4. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[March 6, 1996]. [1996 c 4 § 6.]
Chapter 80.52
ENERGY FINANCING VOTER APPROVAL ACT
Sections
80.52.010
80.52.020
80.52.030
80.52.040
80.52.050
80.52.060
80.52.070
80.52.080
80.52.900
80.52.910
Short title.
Purpose.
Definitions.
Election approval required before issuance of bonds.
Conduct of election.
Form of ballot propositions.
Approval of request for financing authority.
Priorities.
Severability—1981 2nd ex.s. c 6.
Effective dates—1981 2nd ex.s. c 6.
80.52.010 Short title. This chapter may be cited as
the Washington state energy financing voter approval act.
[1981 2nd ex.s. c 6 § 1 (Initiative Measure No. 394, approved November 3, 1981).]
80.52.020 Purpose. The purpose of this chapter is to
provide a mechanism for citizen review and approval of
proposed financing for major public energy projects. The
development of dependable and economic energy sources is
of paramount importance to the citizens of the state, who
have an interest in insuring that major public energy projects
make the best use of limited financial resources. Because
the construction of major public energy projects will significantly increase utility rates for all citizens, the people of the
state hereby establish a process of voter approval for such
[Title 80 RCW—page 63]
80.52.020
Title 80 RCW: Public Utilities
projects. [1981 2nd ex.s. c 6 § 2 (Initiative Measure No.
394, approved November 3, 1981).]
80.52.030 Definitions. The definitions set forth in this
section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Public agency" means a public utility district, joint
operating agency, city, county, or any other state governmental agency, entity, or political subdivision.
(2) "Major public energy project" means a plant or
installation capable, or intended to be capable, of generating
electricity in an amount greater than three hundred fifty
megawatts, measured using maximum continuous electric
generating capacity, less minimum auxiliary load, at average
ambient temperature and pressure. Where two or more such
plants are located within the same geographic site, each plant
shall be considered a major public energy project. An
addition to an existing facility is not deemed to be a major
energy project unless the addition itself is capable, or
intended to be capable, of generating electricity in an amount
greater than three hundred fifty megawatts. A project which
is under construction on July 1, 1982, shall not be considered a major public energy project unless the official agency
budget or estimate for total construction costs for the project
as of July 1, 1982, is more than two hundred percent of the
first official estimate of total construction costs as specified
in the senate energy and utilities committee WPPSS inquiry
report, volume one, January 12, 1981, and unless, as of July
1, 1982, the projected remaining cost of construction for that
project exceeds two hundred million dollars.
(3) "Cost of construction" means the total cost of
planning and building a major public energy project and
placing it into operation, including, but not limited to,
planning cost, direct construction cost, licensing cost, cost of
fuel inventory for the first year’s operation, interest, and all
other costs incurred prior to the first day of full operation,
whether or not incurred prior to July 1, 1982.
(4) "Cost of acquisition" means the total cost of acquiring a major public energy project from another party,
including, but not limited to, principal and interest costs.
(5) "Bond" means a revenue bond, a general obligation
bond, or any other indebtedness issued by a public agency or
its assignee.
(6) "Applicant" means a public agency, or the assignee
of a public agency, requesting the secretary of state to
conduct an election pursuant to this chapter.
(7) "Cost-effective" means that a project or resource is
forecast:
(a) To be reliable and available within the time it is
needed; and
(b) To meet or reduce the electric power demand of the
intended consumers at an estimated incremental system cost
no greater than that of the least-cost similarly reliable and
available alternative project or resource, or any combination
thereof.
(8) "System cost" means an estimate of all direct costs
of a project or resource over its effective life, including, if
applicable, the costs of distribution to the consumer, and,
among other factors, waste disposal costs, end-of-cycle costs,
and fuel costs (including projected increases), and such
quantifiable environmental costs and benefits as are directly
[Title 80 RCW—page 64]
attributable to the project or resource. [2002 c 190 § 1;
1995 c 69 § 2; 1981 2nd ex.s. c 6 § 3 (Initiative Measure
No. 394, approved November 3, 1981).]
80.52.040 Election approval required before
issuance of bonds. No public agency or assignee of a
public agency may issue or sell bonds to finance the cost of
construction or the cost of acquisition of a major public
energy project, or any portion thereof, unless it has first
obtained authority for the expenditure of the funds to be
raised by the sale of such bonds for that project at an election conducted in the manner provided in this chapter. [1981
2nd ex.s. c 6 § 4 (Initiative Measure No. 394, approved
November 3, 1981).]
80.52.050 Conduct of election. The election required
under RCW 80.52.040 shall be conducted in the manner
provided in this section.
(1)(a) If the applicant is a public utility district, joint
operating agency, city, or county, the election shall be
among the voters of the public utility district, city, or county,
or among the voters of the local governmental entities
comprising the membership of the joint operating agency.
(b) If the applicant is any public agency other than those
described in subsection (1)(a) of this section, or is an
assignee of a joint operating agency and not itself a joint
operating agency, the election shall be conducted statewide
in the manner provided in Title 29 RCW for statewide elections.
(2) The election shall be held at the next statewide
general election occurring more than ninety days after
submission of a request by an applicant to the secretary of
state unless a special election is requested by the applicant
as provided in this section.
(3) If no statewide election can be held under subsection
(2) of this section within one hundred twenty days of the
submission to the secretary of state of a request by an
applicant for financing authority under this chapter, the
applicant may request that a special election be held if such
election is necessary to avoid significant delay in construction or acquisition of the energy project. Within ten days of
receipt of such a request for a special election, the secretary
of state shall designate a date for the election pursuant to
RCW 29.13.010 and certify the date to the county auditor of
each county in which an election is to be held under this
section.
(4) Prior to an election under this section, the applicant
shall submit to the secretary of state a cost-effectiveness
study, prepared by an independent consultant approved by
the state finance committee, pertaining to the major public
energy project under consideration. The study shall be
available for public review and comment for thirty days. At
the end of the thirty-day period, the applicant shall prepare
a final draft of the study which includes the public comment,
if any.
(5) The secretary of state shall certify the ballot issue
for the election to be held under this section to the county
auditor of each county in which an election is to be held.
The certification shall include the statement of the proposition as provided in RCW 80.52.060. The costs of the election shall be relieved by the applicant in the manner provid(2002 Ed.)
Energy Financing Voter Approval Act
ed by RCW 29.13.045. In addition, the applicant shall
reimburse the secretary of state for the applicant’s share of
the costs related to the preparation and distribution of the
voters’ pamphlet required by subsection (6) of this section
and such other costs as are attributable to any election held
pursuant to this section.
(6) Prior to an election under this section, the secretary
of state shall provide an opportunity for supporters and
opponents of the requested financing authority to present
their respective views in a voters’ pamphlet which shall be
distributed to the voters of the local governmental entities
participating in the election. Upon submission of an
applicant’s request for an election pursuant to this section,
the applicant shall provide the secretary of state with the
following information regarding each major public energy
project for which the applicant seeks financing authority at
such election, which information shall be included in the
voters’ pamphlet:
(a) The name, location, and type of major public energy
project, expressed in common terms;
(b) The dollar amount and type of bonds being requested;
(c) If the bond issuance is intended to finance the
acquisition of all or a portion of the project, the anticipated
total cost of the acquisition of the project;
(d) If the bond issuance is intended to finance the
planning or construction of all or a portion of the project, the
anticipated total cost of construction of the project;
(e) The projected average rate increase for consumers of
the electricity to be generated by the project. The rate
increase shall be that which will be necessary to repay the
total indebtedness incurred for the project, including estimated interest;
(f) A summary of the final cost-effectiveness study
conducted under subsection (4) of this section;
(g) The anticipated functional life of the project;
(h) The anticipated decommissioning costs of the
project; and
(i) If a special election is requested by the applicant, the
reasons for requesting a special election. [1982 c 88 § 1;
1981 2nd ex.s. c 6 § 5 (Initiative Measure No. 394, approved
November 3, 1981).]
Effective date—1982 c 88: "This act shall take effect on July 1,
1982." [1982 c 88 § 2.]
80.52.060 Form of ballot propositions. The proposition for each major public energy project listed upon a ballot
pursuant to this chapter shall be in the form provided in this
section.
(1) If the funds are intended to finance the planning or
construction of all or a portion of the project, the proposition
shall read substantially as follows:
"Shall (name of applicant) be authorized to
spend
(dollar amount of financing authority
requested) to construct the (name of the project)
(type of project) located at (location) , the anticipated total construction cost of
which is (anticipated cost of construction) ?"
(2) If the financing authority is intended to finance the
acquisition of all or a portion of the project from another
party, the proposition shall read substantially as follows:
(2002 Ed.)
80.52.050
"Shall (name of applicant) be authorized to
spend
(dollar amount of financing authority
requested) to acquire the (name of project)
(type of project) located at (location) , the
anticipated total acquisition cost of which is (anticipated cost of acquisition) ?"
[1981 2nd ex.s. c 6 § 6 (Initiative Measure No. 394, approved November 3, 1981).]
80.52.070 Approval of request for financing authority. A request for financing authority pursuant to this
chapter shall be considered approved if it receives the
approval of a majority of those voting on the request. [1981
2nd ex.s. c 6 § 7 (Initiative Measure No. 394, approved
November 3, 1981).]
80.52.080 Priorities. In planning for future energy
expenditures, public agencies shall give priority to projects
and resources which are cost-effective. Priority for future
bond sales to finance energy expenditures by public agencies
shall be given: First, to conservation; second, to renewable
resources; third, to generating resources utilizing waste heat
or generating resources of high fuel-conversion efficiency;
and fourth, to all other resources. This section does not
apply to projects which are under construction on December
3, 1981. [1981 2nd ex.s. c 6 § 8 (Initiative Measure No.
394, approved November 3, 1981).]
80.52.900 Severability—1981 2nd ex.s. c 6. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 2nd ex.s. c 6 § 10 (Initiative
Measure No. 394, approved November 3, 1981).]
80.52.910 Effective dates—1981 2nd ex.s. c 6.
Section 8 of this act shall take effect immediately. The
remainder of this act shall take effect on July 1, 1982.
Public agencies intending to submit a request for financing
authority under this act are authorized to institute the
procedures specified in section 5(4) of this act prior to the
effective date of this act. [1981 2nd ex.s. c 6 § 11 (Initiative
Measure No. 394, approved November 3, 1981).]
Chapter 80.54
ATTACHMENTS TO TRANSMISSION FACILITIES
Sections
80.54.010
80.54.020
80.54.030
80.54.040
80.54.050
80.54.060
80.54.070
Definitions.
Regulation of rates, terms, and conditions—Criteria.
Commission order fixing rates, terms, or conditions.
Criteria for just and reasonable rate.
Exemptions from chapter.
Adoption of rules.
Uniform attachment rates within utility service area.
80.54.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Attachment" means any wire or cable for the
transmission of intelligence by telecommunications or
[Title 80 RCW—page 65]
80.54.010
Title 80 RCW: Public Utilities
television, including cable television, light waves, or other
phenomena, or for the transmission of electricity for light,
heat, or power, and any related device, apparatus, or auxiliary equipment, installed upon any pole or in any telecommunications, electrical, cable television, or communications
right of way, duct, conduit, manhole or handhole, or other
similar facilities owned or controlled, in whole or in part, by
one or more utilities, where the installation has been made
with the consent of the one or more utilities.
(2) "Licensee" means any person, firm, corporation,
partnership, company, association, joint stock association, or
cooperatively organized association, other than a utility,
which is authorized to construct attachments upon, along,
under, or across the public ways.
(3) "Utility" means any electrical company or telecommunications company as defined in RCW 80.04.010, and
does not include any entity cooperatively organized, or
owned by federal, state, or local government, or a subdivision of state or local government. [1985 c 450 § 40; 1979
c 33 § 1.]
Severability—Legislative review—1985 c 450: See RCW 80.36.900
and 80.36.901.
80.54.020 Regulation of rates, terms, and conditions—Criteria. The commission shall have the authority
to regulate in the public interest the rates, terms, and
conditions for attachments by licensees or utilities. All rates,
terms, and conditions made, demanded, or received by any
utility for any attachment by a licensee or by a utility must
be just, fair, reasonable, and sufficient. [1979 c 33 § 2.]
80.54.030 Commission order fixing rates, terms, or
conditions. Whenever the commission shall find, after
hearing had upon complaint by a licensee or by a utility, that
the rates, terms, or conditions demanded, exacted, charged,
or collected by any utility in connection with attachments are
unjust, unreasonable, or that the rates or charges are insufficient to yield a reasonable compensation for the attachment,
the commission shall determine the just, reasonable, or
sufficient rates, terms, and conditions thereafter to be
observed and in force and shall fix the same by order. In
determining and fixing the rates, terms, and conditions, the
commission shall consider the interest of the customers of
the attaching utility or licensee, as well as the interest of the
customers of the utility upon which the attachment is made.
[1979 c 33 § 3.]
80.54.040 Criteria for just and reasonable rate. A
just and reasonable rate shall assure the utility the recovery
of not less than all the additional costs of procuring and
maintaining pole attachments, nor more than the actual
capital and operating expenses, including just compensation,
of the utility attributable to that portion of the pole, duct, or
conduit used for the pole attachment, including a share of the
required support and clearance space, in proportion to the
space used for the pole attachment, as compared to all other
uses made of the subject facilities, and uses which remain
available to the owner or owners of the subject facilities.
[1979 c 33 § 4.]
[Title 80 RCW—page 66]
80.54.050 Exemptions from chapter. Nothing in this
chapter shall be deemed to apply to any attachment by one
or more electrical companies on the facilities of one or more
other electrical companies. [1979 c 33 § 5.]
80.54.060 Adoption of rules. The commission shall
adopt rules, regulations and procedures relative to the
implementation of this chapter. [1979 c 33 § 6.]
80.54.070 Uniform attachment rates within utility
service area. Notwithstanding any other provision of law,
a utility as defined in RCW 80.54.010(3) and any utility not
regulated by the utilities and transportation commission shall
levy attachment rates which are uniform for all licensees
within the utility service area. [1979 c 33 § 7.]
Chapter 80.58
NONPOLLUTING POWER
GENERATION EXEMPTION
Sections
80.58.010
Nonpolluting power generation by individual—Exemption
from regulation—Authorization to contract with utility.
80.58.010 Nonpolluting power generation by
individual—Exemption from regulation—Authorization
to contract with utility. The generation of power by a
nonpolluting, renewable energy source by an individual
natural person not otherwise engaged in the business of
power generation is declared to be exempt from all statutes
and rules otherwise regulating the generation of power:
PROVIDED, That such an individual is hereby authorized to
provide such power to the utility servicing the property on
which the power is generated and the servicing utility is
hereby authorized to accept such power under such terms
and conditions as may be agreed to between the parties.
[1979 ex.s. c 191 § 11.]
Severability—1979 ex.s. c 191: See RCW 82.35.900.
Chapter 80.60
NET METERING OF ELECTRICITY
Sections
80.60.005
80.60.010
80.60.020
80.60.030
80.60.040
Findings.
Definitions.
Available on first-come, first-served basis—Interconnected
metering systems allowed—Charges to customer-generator.
Net energy measurement—Required calculation—Unused
credit.
Safety, power quality, and interconnection requirements—
Customer-generator’s expense—Commission may adopt
additional requirements.
80.60.005 Findings. The legislature finds that it is in
the public interest to:
(1) Encourage private investment in renewable energy
resources;
(2) Stimulate the economic growth of this state; and
(3) Enhance the continued diversification of the energy
resources used in this state. [1998 c 318 § 1.]
(2002 Ed.)
Net Metering of Electricity
80.60.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
indicates otherwise.
(1) "Commission" means the utilities and transportation
commission.
(2) "Customer-generator" means a user of a net metering
system.
(3) "Electrical company" means a company owned by
investors that meets the definition of RCW 80.04.010.
(4) "Electric cooperative" means a cooperative or
association organized under chapter 23.86 or 24.06 RCW.
(5) "Electric utility" means any electrical company,
public utility district, irrigation district, port district, electric
cooperative, or municipal electric utility that is engaged in
the business of distributing electricity to retail electric
customers in the state.
(6) "Irrigation district" means an irrigation district under
chapter 87.03 RCW.
(7) "Municipal electric utility" means a city or town that
owns or operates an electric utility authorized by chapter
35.92 RCW.
(8) "Net metering" means measuring the difference
between the electricity supplied by an electric utility and the
electricity generated by a customer-generator that is fed back
to the electric utility over the applicable billing period.
(9) "Net metering system" means a fuel cell or a facility
for the production of electrical energy that:
(a) Uses as its fuel either solar, wind, or hydropower;
(b) Has a generating capacity of not more than twentyfive kilowatts;
(c) Is located on the customer-generator’s premises;
(d) Operates in parallel with the electric utility’s
transmission and distribution facilities; and
(e) Is intended primarily to offset part or all of the
customer-generator’s requirements for electricity.
(10) "Port district" means a port district within which an
industrial development district has been established as
authorized by Title 53 RCW.
(11) "Public utility district" means a district authorized
by chapter 54.04 RCW. [2000 c 158 § 1; 1998 c 318 § 2.]
80.60.020 Available on first-come, first-served
basis—Interconnected metering systems allowed—
Charges to customer-generator. An electric utility:
(1) Shall offer to make net metering available to eligible
customers-generators on a first-come, first-served basis until
the cumulative generating capacity of net metering systems
equals 0.1 percent of the utility’s peak demand during 1996,
of which not less than 0.05 percent shall be attributable to
net metering systems that use as its fuel either solar, wind,
or hydropower;
(2) Shall allow net metering systems to be interconnected using a standard kilowatt-hour meter capable of registering the flow of electricity in two directions, unless the
commission, in the case of an electrical company, or the
appropriate governing body, in the case of other electric
utilities, determines, after appropriate notice and opportunity
for comment:
(a) That the use of additional metering equipment to
monitor the flow of electricity in each direction is necessary
and appropriate for the interconnection of net metering
(2002 Ed.)
80.60.010
systems, after taking into account the benefits and costs of
purchasing and installing additional metering equipment; and
(b) How the cost of purchasing and installing an
additional meter is to be allocated between the customergenerator and the utility;
(3) Shall charge the customer-generator a minimum
monthly fee that is the same as other customers of the
electric utility in the same rate class, but shall not charge the
customer-generator any additional standby, capacity, interconnection, or other fee or charge unless the commission, in
the case of an electrical company, or the appropriate governing body, in the case of other electric utilities, determines,
after appropriate notice and opportunity for comment that:
(a) The electric utility will incur direct costs associated
with interconnecting or administering net metering systems
that exceed any offsetting benefits associated with these
systems; and
(b) Public policy is best served by imposing these costs
on the customer-generator rather than allocating these costs
among the utility’s entire customer base. [2000 c 158 § 2;
1998 c 318 § 3.]
80.60.030 Net energy measurement—Required
calculation—Unused credit. Consistent with the other
provisions of this chapter, the net energy measurement must
be calculated in the following manner:
(1) The electric utility shall measure the net electricity
produced or consumed during the billing period, in accordance with normal metering practices.
(2) If the electricity supplied by the electric utility exceeds the electricity generated by the customer-generator and
fed back to the electric utility during the billing period, the
customer-generator shall be billed for the net electricity
supplied by the electric utility, in accordance with normal
metering practices.
(3) If electricity generated by the customer-generator
exceeds the electricity supplied by the electric utility, the
customer-generator:
(a) Shall be billed for the appropriate customer charges
for that billing period, in accordance with RCW 80.60.020;
and
(b) Shall be credited for the excess kilowatt-hours
generated during the billing period, with this kilowatt-hour
credit appearing on the bill for the following billing period.
At the beginning of each calendar year, any remaining
unused kilowatt-hour credit accumulated during the previous
year shall be granted to the electric utility, without any
compensation to the customer-generator. [1998 c 318 § 4.]
80.60.040 Safety, power quality, and interconnection requirements—Customer-generator’s expense—
Commission may adopt additional requirements. (1) A
net metering system used by a customer-generator shall
include, at the customer-generator’s own expense, all
equipment necessary to meet applicable safety, power
quality, and interconnection requirements established by the
national electrical code, national electrical safety code, the
institute of electrical and electronics engineers, and underwriters laboratories.
(2) The commission, in the case of an electrical company, or the appropriate governing body, in the case of other
[Title 80 RCW—page 67]
80.60.040
Title 80 RCW: Public Utilities
electric utilities, after appropriate notice and opportunity for
comment, may adopt by regulation additional safety, power
quality, and interconnection requirements for customergenerators that the commission or governing body determines are necessary to protect public safety and system
reliability.
(3) An electric utility may not require a customergenerator whose net metering system meets the standards in
subsections (1) and (2) of this section to comply with
additional safety or performance standards, perform or pay
for additional tests, or purchase additional liability insurance.
However, an electric utility shall not be liable directly or
indirectly for permitting or continuing to allow an attachment
of a net metering system, or for the acts or omissions of the
customer-generator that cause loss or injury, including death,
to any third party. [2000 c 158 § 3; 1998 c 318 § 5.]
Chapter 80.66
RADIO COMMUNICATIONS
SERVICE COMPANIES
Sections
80.66.010
Scope of regulation—Filing of certain agreements.
80.66.010 Scope of regulation—Filing of certain
agreements. The commission shall not regulate radio
communications service companies, except that:
(1) The commission may regulate the rates, services,
facilities, and practices of radio communications service
companies, within a geographic service area or a portion of
a geographic service area in which it is authorized to operate
by the federal communications commission if it is the only
provider of basic telecommunications service within such
geographic service area or such portion of a geographic
service area. For purposes of this section, "basic telecommunications service" means voice grade, local exchange telecommunications service.
(2) Actions or transactions of radio communications
service companies that are not regulated pursuant to subsection (1) of this section shall not be deemed actions or
transactions otherwise permitted, prohibited, or regulated by
the commission for purposes of RCW 19.86.170.
(3) Radio communications service companies shall file
with the commission copies of all agreements with any of
their affiliated interests as defined in RCW 80.16.010,
showing the rates, tolls, rentals, contracts, and charges of
such affiliated interest for services rendered and equipment
and facilities supplied to the radio communications service
company, except that such agreements need not be filed
where the services rendered and equipment and facilities
supplied are provided by the affiliated interest under a tariff
or price list filed with the commission. [1985 c 167 § 2.]
80.98.050
Emergency—1961 c 14.
80.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
[1961 c 14 § 80.98.010.]
80.98.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1961 c 14 § 80.98.020.]
80.98.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected. [1961 c 14 §
80.98.030.]
80.98.040
80.98.040.
Repeals and saving. See 1961 c 14 §
80.98.050 Emergency—1961 c 14. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1961 c 14 § 80.98.050.]
Chapter 80.98
CONSTRUCTION
Sections
80.98.010
80.98.020
80.98.030
80.98.040
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
[Title 80 RCW—page 68]
(2002 Ed.)
Title 81
TRANSPORTATION
Chapters
81.01
81.04
81.08
81.12
81.16
81.20
81.24
81.28
81.29
81.36
81.40
81.44
81.48
81.52
81.53
81.54
81.56
81.60
81.61
81.64
81.66
81.68
81.70
81.72
81.75
81.77
81.80
81.84
81.88
81.96
81.100
81.104
81.108
81.112
81.900
General provisions.
Regulations—General.
Securities.
Transfers of property.
Affiliated interests.
Investigation of public service companies.
Regulatory fees.
Common carriers in general.
Common carriers—Limitations on liability.
Railroads—Corporate powers and duties.
Railroads—Employee requirements and
regulations.
Common carriers—Equipment.
Railroads—Operating requirements and
regulations.
Railroads—Rights of way—Spurs—Fences.
Railroads—Crossings.
Railroads—Inspection of industrial crossings.
Railroads—Shippers and passengers.
Railroads—Railroad police and regulations.
Railroads—Passenger-carrying vehicles for
employees.
Street railways.
Transportation for persons with special
needs.
Auto transportation companies.
Passenger charter carriers.
Taxicab companies.
Transportation centers.
Solid waste collection companies.
Motor freight carriers.
Steamboat companies.
Gas and hazardous liquid pipelines.
Western regional short-haul air transportation compact.
High occupancy vehicle systems.
High-capacity transportation systems.
Low-level radioactive waste sites.
Regional transit authorities.
Construction.
Assessment for property tax purposes, of
private car companies: Chapter 84.16 RCW.
public service companies: Chapter 84.12 RCW.
Commencement of actions against certain railroad corporations, etc.: RCW
4.28.080.
Constitutional limitations on certain corporations: State Constitution Art.
12.
Corporate seals, effect of absence from instrument: RCW 64.04.105.
Counties, signs, signals, etc.: RCW 36.86.040.
Easements
of public service companies taxable as personalty: RCW 84.20.010.
over certain public lands: Chapter 79.01 RCW.
Eminent domain by corporations: Chapter 8.20 RCW.
(2002 Ed.)
Flaggers—Safety standards: RCW 49.17.350.
Franchises on
county roads and bridges: Chapter 36.55 RCW.
state highways: Chapter 47.44 RCW.
Free transportation for public officers, prohibited: State Constitution Art.
12 § 20.
Highway user tax structure: Chapter 46.85 RCW.
Labor liens: Chapter 60.32 RCW.
Mechanics’, materialmen’s liens: Chapter 60.04 RCW.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Public utility tax: Chapter 82.16 RCW.
Railroad grade crossings, traffic devices required by utilities and transportation commission: RCW 47.36.050.
Safety and health, tunnels and underground construction: Chapter 49.24
RCW.
Steam boilers, pressure vessels, construction, inspection, etc.: Chapter
70.79 RCW.
Taxation of rolling stock: State Constitution Art. 12 § 17.
Traffic control at work sites: Chapter 47.36 RCW.
Transporting natural gas: RCW 80.28.210.
Chapter 81.01
GENERAL PROVISIONS
Sections
81.01.010
Adoption of provisions of chapter 80.01 RCW.
81.01.010 Adoption of provisions of chapter 80.01
RCW. The provisions of chapter 80.01 RCW, as now or
hereafter amended, apply to Title 81 RCW as fully as though
they were set forth herein. [1961 c 14 § 81.01.010.]
Chapter 81.04
REGULATIONS—GENERAL
Sections
81.04.010
81.04.020
81.04.030
81.04.040
81.04.050
81.04.060
81.04.070
81.04.075
81.04.080
81.04.090
81.04.100
81.04.110
81.04.120
81.04.130
81.04.140
81.04.150
81.04.160
81.04.170
81.04.180
81.04.190
Definitions.
Procedure before commission and courts.
Number of witnesses may be limited.
Witness fees and mileage.
Protection against self-incrimination.
Deposition—Service of process.
Inspection of books, papers, and documents.
Manner of serving papers.
Annual report.
Forms of records to be prescribed.
Production of out-of-state books and records.
Complaint—Hearing.
Hearing—Order—Record.
Suspension of tariff change.
Order requiring joint action.
Remunerative rate—No change without approval prohibited.
Rules and regulations.
Review of orders.
Supersedeas.
Appellate review.
[Title 81 RCW—page 1]
Chapter 81.04
81.04.200
81.04.210
81.04.220
81.04.230
81.04.235
81.04.236
81.04.240
81.04.250
81.04.260
81.04.270
81.04.280
81.04.290
81.04.300
81.04.310
81.04.320
81.04.330
81.04.350
81.04.360
81.04.380
81.04.385
81.04.387
81.04.390
81.04.400
81.04.405
81.04.410
81.04.420
81.04.430
81.04.440
81.04.450
81.04.460
81.04.470
81.04.490
81.04.500
81.04.510
81.04.520
81.04.530
Title 81 RCW: Transportation
Rehearing before commission.
Commission may change orders.
Reparations.
Overcharges—Refund.
Limitation of actions.
When cause of action deemed to accrue.
Action in court on reparations and overcharges.
Determination of rates.
Summary proceedings.
Merchandise accounts to be kept separate.
Purchase and sale of stock by employees.
Sale of stock to employees and patrons.
Budgets to be filed by companies—Supplementary budgets.
Commission’s control over expenditures.
Budget rules and regulations.
Effect of unauthorized expenditure—Emergencies.
Depreciation and retirement accounts.
Excessive earnings to reserve fund.
Penalties—Violations by public service companies.
Penalties—Violations by officers, agents, and employees of
public service companies and persons or entities acting
as public service companies.
Penalties—Violations by other corporations.
Penalties—Violations by persons.
Actions to recover penalties—Disposition of fines, fees,
penalties.
Additional penalties—Violations by public service companies and officers, agents, and employees.
Orders and rules conclusive.
Commission intervention where order or rule is involved.
Findings of department prima facie correct.
Companies liable for damages.
Certified copies of orders, rules, etc.—Evidentiary effect.
Commission to enforce public service laws—Employees as
peace officers.
Right of action not released—Penalties cumulative.
Application to municipal utilities.
Duties of attorney general.
Engaging in business or operating without approval or authority—Procedure.
Rate regulation study.
Controlled substances, alcohol.
81.04.010 Definitions. As used in this title, unless
specially defined otherwise or unless the context indicates
otherwise:
"Commission" means the utilities and transportation
commission.
"Commissioner" means one of the members of such
commission.
"Corporation" includes a corporation, company, association, or joint stock association.
"Low-level radioactive waste site operating company"
includes every corporation, company, association, joint stock
association, partnership, and person, their lessees, trustees, or
receivers appointed by any court whatsoever, owning,
operating, controlling, or managing a low-level radioactive
waste disposal site or sites located within the state of
Washington.
"Low-level radioactive waste" means low-level waste as
defined by RCW 43.145.010.
"Person" includes an individual, a firm, or copartnership.
"Street railroad" includes every railroad by whatsoever
power operated, or any extension or extensions, branch or
branches thereof, for public use in the conveyance of persons
or property for hire, being mainly upon, along, above, or
below any street, avenue, road, highway, bridge, or public
place within any one city or town, and includes all equipment, switches, spurs, tracks, bridges, right of trackage,
[Title 81 RCW—page 2]
subways, tunnels, stations, terminals, and terminal facilities
of every kind used, operated, controlled, or owned by or in
connection with any such street railroad, within this state.
"Street railroad company" includes every corporation,
company, association, joint stock association, partnership,
and person, their lessees, trustees, or receivers appointed by
any court whatsoever, and every city or town, owning,
controlling, operating, or managing any street railroad or any
cars or other equipment used thereon or in connection
therewith within this state.
"Railroad" includes every railroad, other than street railroad, by whatsoever power operated for public use in the
conveyance of persons or property for hire, with all bridges,
ferries, tunnels, equipment, switches, spurs, tracks, stations,
and terminal facilities of every kind used, operated, controlled, or owned by or in connection with any such railroad.
"Railroad company" includes every corporation, company, association, joint stock association, partnership, or
person, their lessees, trustees, or receivers appointed by any
court whatsoever, owning, operating, controlling, or managing any railroad or any cars or other equipment used thereon
or in connection therewith within this state.
"Express company" includes every corporation, company, association, joint stock association, partnership, and
person, their lessees, trustees, or receivers appointed by any
court whatsoever, who shall engage in or transact the
business of carrying any freight, merchandise, or property for
hire on the line of any common carrier operated in this state.
"Common carrier" includes all railroads, railroad
companies, street railroads, street railroad companies,
commercial ferries, express companies, car companies,
sleeping car companies, freight companies, freight line
companies, and every corporation, company, association,
joint stock association, partnership, and person, their lessees,
trustees, or receivers appointed by any court whatsoever, and
every city or town, owning, operating, managing, or controlling any such agency for public use in the conveyance of
persons or property for hire within this state.
"Vessel" includes every species of watercraft, by
whatsoever power operated, for public use in the conveyance
of persons or property for hire over and upon the waters
within this state, excepting all towboats, tugs, scows, barges,
and lighters, and excepting rowboats and sailing boats under
twenty gross tons burden, open steam launches of five tons
gross and under, and vessels under five tons gross propelled
by gas, fluid, naphtha, or electric motors.
"Commercial ferry" includes every corporation, company, association, joint stock association, partnership, and
person, their lessees, trustees, or receivers, appointed by any
court whatsoever, owning, controlling, leasing, operating, or
managing any vessel over and upon the waters of this state.
"Transportation of property" includes any service in
connection with the receiving, delivery, elevation, transfer in
transit, ventilation, refrigeration, icing, storage, and handling
of the property transported, and the transmission of credit.
"Transportation of persons" includes any service in
connection with the receiving, carriage, and delivery of the
person transported and his baggage and all facilities used, or
necessary to be used in connection with the safety, comfort,
and convenience of the person transported.
"Public service company" includes every common
carrier.
(2002 Ed.)
Regulations—General
The term "service" is used in this title in its broadest
and most inclusive sense. [1993 c 427 § 9; 1991 c 272 § 3;
1981 c 13 § 2; 1961 c 14 § 81.04.010. Prior: 1955 c 316
§ 3; prior: 1929 c 223 § 1, part; 1923 c 116 § 1, part; 1911
c 117 § 8, part; RRS § 10344, part.]
81.04.010
place of hearing. No witness shall be entitled to fees or
mileage from the state when summoned at the instance of
the public service companies affected. [1961 c 14 §
81.04.040. Prior: 1955 c 79 § 3; 1911 c 117 § 76, part;
RRS § 10414, part.]
Effective dates—1991 c 272: See RCW 81.108.901.
81.04.020 Procedure before commission and courts.
Each commissioner shall have power to administer oaths,
certify to all official acts, and to issue subpoenas for the
attendance of witnesses and the production of papers, waybills, books, accounts, documents and testimony in any
inquiry, investigation, hearing or proceeding in any part of
the state.
The superior court of the county in which any such
inquiry, investigation, hearing or proceeding may be had,
shall have power to compel the attendance of witnesses and
the production of papers, waybills, books, accounts, documents and testimony as required by such subpoena. The
commission or the commissioner before which the testimony
is to be given or produced, in case of the refusal of any witness to attend or testify or produce any papers required by
the subpoena, shall report to the superior court in and for the
county in which the proceeding is pending by petition,
setting forth that due notice has been given of the time and
place of attendance of said witnesses, or the production of
said papers, and that the witness has been summoned in the
manner prescribed in this chapter, and that the fees and
mileage of the witness have been paid or tendered to the
witness for his attendance and testimony, and that the
witness has failed and refused to attend or produce the
papers required by the subpoena, before the commission, in
the cause or proceedings named in the notice and subpoena,
or has refused to answer questions propounded to him in the
course of such proceeding, and ask an order of said court,
compelling the witness to attend and testify before the
commission. The court, upon the petition of the commission, shall enter an order directing the witness to appear
before said court at a time and place to be fixed by the court
in such order, and then and there show cause why he has not
responded to said subpoena. A copy of said order shall be
served upon said witness. If it shall appear to the court that
said subpoena was regularly issued by the commission, the
court shall thereupon enter an order that said witness appear
before the commission at said time and place as fixed in said
order, and testify or produce the required papers, and upon
failing to obey said order, said witness shall be dealt with as
for contempt of court. [1961 c 14 § 81.04.020. Prior: 1911
c 117 § 75, part; RRS § 10413, part.]
81.04.030 Number of witnesses may be limited. In
all proceedings before the commission the commission shall
have the right, in their discretion, to limit the number of
witnesses testifying upon any subject or proceeding to be
inquired of before the commission. [1961 c 14 § 81.04.030.
Prior: 1911 c 117 § 75, part; RRS § 10413, part.]
81.04.040 Witness fees and mileage. Each witness
who appears under subpoena shall receive for his attendance
four dollars per day and ten cents per mile traveled by the
nearest practicable route in going to and returning from the
(2002 Ed.)
81.04.050 Protection against self-incrimination. The
claim by any witness that any testimony sought to be elicited
may tend to incriminate him shall not excuse such witness
from testifying, but such evidence or testimony shall not be
used against such person on the trial of any criminal proceeding, excepting in a prosecution for perjury. The
commissioner shall have power to compel the attendance of
witnesses at any place within the state. [1961 c 14 §
81.04.050. Prior: 1911 c 117 § 76, part; RRS § 10414,
part.]
81.04.060 Deposition—Service of process. The
commission shall have the right to take the testimony of any
witness by deposition, and for that purpose the attendance of
witnesses and the production of books, waybills, documents,
papers and accounts may be enforced in the same manner as
in the case of hearings before the commission, or any
member thereof. Process issued under the provisions of this
chapter shall be served as in civil cases. [1961 c 14 §
81.04.060. Prior: 1911 c 117 § 76, part; RRS § 10414,
part.]
81.04.070 Inspection of books, papers, and documents. The commission and each commissioner, or any
person employed by the commission, shall have the right, at
any and all times, to inspect the accounts, books, papers and
documents of any public service company, and the commission, or any commissioner, may examine under oath any
officer, agent or employee of such public service company
in relation thereto, and with reference to the affairs of such
company: PROVIDED, That any person other than a
commissioner who shall make any such demand shall
produce his authority from the commission to make such
inspection. [1961 c 14 § 81.04.070. Prior: 1911 c 117 §
77; RRS § 10415.]
81.04.075 Manner of serving papers. All notices,
applications, complaints, findings of fact, opinions and orders
required by this title to be served may be served by mail and
service thereof shall be deemed complete when a true copy
of such paper or document is deposited in the post office
properly addressed and stamped. [1961 c 14 § 81.04.075.
Prior: 1933 c 165 § 7; RRS § 10458-1. Formerly RCW
81.04.370.]
81.04.080 Annual report. Every public service
company shall annually furnish to the commission a report
in such form as the commission may require, and shall
specifically answer all questions propounded to it by the
commission, upon or concerning which the commission may
need information. Such annual reports shall show in detail
the amount of capital stock issued, the amounts paid therefor
and the manner of payment for same, the dividends paid, the
surplus fund, if any, and the number of stockholders, the
funded and floating debts and the interest paid thereon, the
[Title 81 RCW—page 3]
81.04.080
Title 81 RCW: Transportation
cost and value of the company’s property, franchises and
equipment, the number of employees and the salaries paid
each class, the accidents to passengers, employees and other
persons and the cost thereof, the amounts expended for
improvements each year, how expended and the character of
such improvements, the earnings or receipts from each
franchise or business and from all sources, the proportion
thereof earned from business moving wholly within the state
and the proportion earned from interstate traffic, the nature
of the traffic movement showing the percentage of the ton
miles each class of commodity bears to the total ton mileage,
the operating and other expenses and the proportion of such
expense incurred in transacting business wholly within the
state, and the proportion incurred in transacting interstate
business, such division to be shown according to such rules
of division as the commission may prescribe, the balances of
profit and loss, and a complete exhibit of the financial
operations of the carrier each year, including an annual
balance sheet. Such report shall also contain such information in relation to rates, charges or regulations concerning
fares, charges or freights, or agreements, arrangements or
contracts affecting the same, as the commission may require;
and the commission may, in its discretion, for the purpose of
enabling it the better to carry out the provisions of this title,
prescribe the period of time within which all public service
companies subject to the provisions of this title shall have,
as near as may be, a uniform system of accounts, and the
manner in which such accounts shall be kept. Such detailed
report shall contain all the required statistics for the period
of twelve months ending on the last day of any particular
month prescribed by the commission for any public service
company. Such reports shall be made out under oath and
filed with the commission at its office in Olympia on such
date as the commission specifies by rule, unless additional
time be granted in any case by the commission. The
commission shall have authority to require any public service
company to file monthly reports of earnings and expenses,
and to file periodical or special, or both periodical and
special, reports concerning any matter about which the
commission is authorized or required by this or any other
law, to inquire into or keep itself informed about, or which
it is required to enforce, such periodical or special reports to
be under oath whenever the commission so requires. [1989
c 107 § 2; 1961 c 14 § 81.04.080. Prior: 1911 c 117 § 78,
part; RRS § 10416, part.]
81.04.090 Forms of records to be prescribed. The
commission may, in its discretion, prescribe the forms of any
and all accounts, records and memoranda to be kept by
public service companies, including the accounts, records
and memoranda of the movement of traffic, sales of its
product, the receipts and expenditures of money. The
commission shall at all times have access to all accounts,
records and memoranda kept by public service companies,
and may employ special agents or examiners, who shall have
power to administer oaths and authority, under the order of
the commission, to examine witnesses and to inspect and
examine any and all accounts, records and memoranda kept
by such companies. The commission may, in its discretion,
prescribe the forms of any and all reports, accounts, records
and memoranda to be furnished and kept by any public ser[Title 81 RCW—page 4]
vice company whose line or lines extend beyond the limits
of this state, which are operated partly within and partly
without the state, so that the same shall show any information required by the commission concerning the traffic
movement, receipts and expenditures appertaining to those
parts of the line within the state. [1961 c 14 § 81.04.090.
Prior: 1911 c 117 § 78, part; RRS § 10416, part.]
81.04.100 Production of out-of-state books and
records. The commission may by order with or without
hearing require the production within this state, at such time
and place as it may designate, of any books, accounts,
papers or records kept by any public service company in any
office or place without this state, or at the option of the
company verified copies thereof, so that an examination
thereof may be made by the commission or under its
direction. [1961 c 14 § 81.04.100. Prior: 1933 c 165 § 2;
1911 c 117 § 79; RRS § 10421.]
81.04.110 Complaint—Hearing. Complaint may be
made by the commission of its own motion or by any person
or corporation, chamber of commerce, board of trade, or any
commercial, mercantile, agricultural or manufacturing
society, or any body politic or municipal corporation, by
petition or complaint in writing, setting forth any act or thing
done or omitted to be done by any public service company
or any person, persons, or entity acting as a public service
company in violation, or claimed to be in violation, of any
provision of law or of any order or rule of the commission.
When two or more public service companies or a
person, persons, or entity acting as a public service company, (meaning to exclude municipal and other public corporations) are engaged in competition in any locality or localities
in the state, either may make complaint against the other or
others that the rates, charges, rules, regulations or practices
of such other or others with or in respect to which the
complainant is in competition, are unreasonable, unremunerative, discriminatory, illegal, unfair or intending or tending to
oppress the complainant, to stifle competition, or to create or
encourage the creation of monopoly, and upon such complaint or upon complaint of the commission upon its own
motion, the commission shall have power, after notice and
hearing as in other cases, to, by its order, subject to appeal
as in other cases, correct the abuse complained of by
establishing such uniform rates, charges, rules, regulations or
practices in lieu of those complained of, to be observed by
all of such competing public service companies in the
locality or localities specified as shall be found reasonable,
remunerative, nondiscriminatory, legal, and fair or tending to
prevent oppression or monopoly or to encourage competition,
and upon any such hearing it shall be proper for the commission to take into consideration the rates, charges, rules,
regulations and practices of the public service company or
companies complained of in any other locality or localities
in the state.
All matters upon which complaint may be founded may
be joined in one hearing, and no motion shall be entertained
against a complaint for misjoinder of complaints or grievances or misjoinder of parties; and in any review of the courts
of orders of the commission the same rule shall apply and
pertain with regard to the joinder of complaints and parties
(2002 Ed.)
Regulations—General
as herein provided: PROVIDED, All grievances to be
inquired into shall be plainly set forth in the complaint. No
complaint shall be dismissed because of the absence of direct
damage to the complainant.
Upon the filing of a complaint, the commission shall
cause a copy thereof to be served upon the person or
company complained of, which shall be accompanied by a
notice fixing the time when and place where a hearing will
be had upon such complaint. The time fixed for such
hearing shall not be less than ten days after the date of the
service of such notice and complaint, excepting as herein
provided. Rules of practice and procedure not otherwise
provided for in this title may be prescribed by the commission. [1994 c 37 § 2; 1961 c 14 § 81.04.110. Prior: 1913
c 145 § 1; 1911 c 117 § 80; RRS § 10422.]
Intent—1994 c 37: "It is the intent of the legislature to clarify that
the utilities and transportation commission has the authority to make more
efficient use of its resources, provide quicker resolution of complaints
regarding transportation tariff matters, eliminate duplicative hearings on
classification and violation matters, and to make certain that criminal
proceedings involving alleged violations of transportation tariffs not be
dismissed because of confusion regarding whether a defendant has received
a classification by the commission." [1994 c 37 § 1.]
81.04.120 Hearing—Order—Record. At the time
fixed for the hearing mentioned in RCW 81.04.110, the
complainant and the person or corporation complained of
shall be entitled to be heard and introduce such evidence as
he or it may desire. The commission shall issue process to
enforce the attendance of all necessary witnesses. At the
conclusion of such hearing the commission shall make and
render findings concerning the subject matter and facts
inquired into and enter its order based thereon. A copy of
such order, certified under the seal of the commission, shall
be served upon the person or corporation complained of, or
his or its attorney, which order shall, of its own force, take
effect and become operative twenty days after the service
thereof, except as otherwise provided. Where an order
cannot, in the judgment of the commission, be complied with
within twenty days, the commission may prescribe such
additional time as in its judgment is reasonably necessary to
comply with the order, and may, on application and for good
cause shown, extend the time for compliance fixed in its
order. A full and complete record of all proceedings had
before the commission, or any member thereof, on any
formal hearing had, and all testimony shall be taken down by
a stenographer appointed by the commission, and the parties
shall be entitled to be heard in person or by attorney. In
case of an action to review any order of the commission, a
transcript of such testimony, together with all exhibits
introduced, and of the record and proceedings in the cause,
shall constitute the record of the commission. [1961 c 14 §
81.04.120. Prior: 1911 c 117 § 81; RRS § 10423.]
81.04.130 Suspension of tariff change. Whenever
any public service company, other than a railroad company,
files with the commission any schedule, classification, rule,
or regulation, the effect of which is to change any rate, fare,
charge, rental, or toll previously charged, the commission
has power, either upon its own motion or upon complaint,
upon notice, to hold a hearing concerning the proposed
change and the reasonableness and justness of it. Pending
(2002 Ed.)
81.04.110
the hearing and the decision the commission may suspend
the operation of the rate, fare, charge, rental, or toll, if the
change is proposed by a common carrier subject to the
jurisdiction of the commission, other than a solid waste
collection company, for a period not exceeding seven
months, and, if proposed by a solid waste collection company, for a period not exceeding ten months from the time the
change would otherwise go into effect. After a full hearing
the commission may make such order in reference to the
change as would be provided in a hearing initiated after the
change had become effective.
At any hearing involving any change in any schedule,
classification, rule, or regulation the effect of which is to
increase any rate, fare, charge, rental, or toll theretofore
charged, the burden of proof to show that such increase is
just and reasonable is upon the public service company.
When any common carrier subject to the jurisdiction of the
commission files any tariff, classification, rule, or regulation
the effect of which is to decrease any rate, fare, or charge,
the burden of proof to show that such decrease is just and
reasonable is upon the common carrier. [1993 c 300 § 1;
1984 c 143 § 1; 1961 c 14 § 81.04.130. Prior: 1941 c 162
§ 1; 1937 c 169 § 2; 1933 c 165 § 3; 1915 c 133 § 1; 1911
c 117 § 82; Rem. Supp. 1941 § 10424.]
81.04.140 Order requiring joint action. Whenever
any order of the commission shall require joint action by two
or more public service companies, such order shall specify
that the same shall be made at their joint cost, and the
companies affected shall have thirty days, or such further
time, as the commission may prescribe, within which to
agree upon the part or division of cost which each shall bear,
and costs of operation and maintenance in the future, or the
proportion of charges or revenue each shall receive from
such joint service and the rules to govern future operations.
If at the expiration of such time such companies shall fail to
file with the commission a statement that an agreement has
been made for the division or apportionment of such cost,
the division of costs of operation and maintenance to be
incurred in the future and the proportion of charges or
revenue each shall receive from such joint service and the
rules to govern future operations, the commission shall have
authority, after further hearing, to enter a supplemental order
fixing the proportion of such cost or expense to be borne by
each company, and the manner in which the same shall be
paid and secured. [1961 c 14 § 81.04.140. Prior: 1911 c
117 § 83; RRS § 10425.]
81.04.150 Remunerative rate—No change without
approval prohibited. Whenever the commission finds, after
hearing had upon its own motion or upon complaint as
provided in this chapter, that any rate, toll, rental, or charge
that has been the subject of complaint and inquiry is sufficiently remunerative to the public service company, other
than a railroad company, affected by it, the commission may
order that the rate, toll, rental, or charge shall not be
changed, altered, abrogated, or discontinued, nor shall there
be any change in the classification that will change or alter
the rate, toll, rental, or charge without first obtaining the
consent of the commission authorizing the change to be
[Title 81 RCW—page 5]
81.04.150
Title 81 RCW: Transportation
made. [1984 c 143 § 2; 1961 c 14 § 81.04.150. Prior:
1911 c 117 § 84; RRS § 10426.]
81.04.160 Rules and regulations. The commission is
hereby authorized and empowered to adopt, promulgate and
issue rules and regulations covering the bulletining of trains,
showing the time of arrival and departure of all trains, and
the probable arrival and departure of delayed trains; the
conditions to be contained in and become a part of contracts
for transportation of persons and property, and any and all
services concerning the same, or connected therewith; the
time that station rooms and offices shall be kept open; rules
governing demurrage and reciprocal demurrage, and to provide reasonable penalties to expedite the prompt movement
of freight and release of cars, the limits of express deliveries
in cities and towns, and generally such rules as pertain to the
comfort and convenience of the public concerning the
subjects treated of in this title. Such rules and regulations
shall be promulgated and issued by the commission on its
own motion, and shall be served on the public service
company affected thereby as other orders of the commission
are served. Any public service company affected thereby,
and deeming such rules and regulations, or any of them,
improper, unjust, unreasonable, or contrary to law, may within twenty days from the date of service of such order upon
it file objections thereto with the commission, specifying the
particular grounds of such objections. The commission shall,
upon receipt of such objections, fix a time and place for
hearing the same, and after a full hearing may make such
changes or modifications thereto, if any, as the evidence may
justify. The commission shall have, and it is hereby given,
power to adopt rules to govern its proceedings, and to
regulate the mode and manner of all investigations and
hearings: PROVIDED, No person desiring to be present at
such hearing shall be denied permission. Actions may be
instituted to review rules and regulations promulgated under
this section as in the case of orders of the commission.
[1961 c 14 § 81.04.160. Prior: 1911 c 117 § 85; RRS §
10427.]
81.04.170 Review of orders. Any complainant or any
public service company affected by any findings or order of
the commission, and deeming such findings or order to be
contrary to law, may, within thirty days after the service of
the findings or order upon him or it, apply to the superior
court of Thurston county for a writ of review, for the
purpose of having the reasonableness and lawfulness of such
findings or order inquired into and determined. Such writ
shall be made returnable not later than thirty days from and
after the date of the issuance thereof, unless upon notice to
all parties affected further time be allowed by the court, and
shall direct the commission to certify its record in the case
to the court. Such cause shall be heard by the court without
the intervention of a jury on the evidence and exhibits
introduced before the commission and certified to by it.
Upon such hearing the superior court shall enter judgment
either affirming or setting aside or remanding for further
action the findings or order of the commission under review.
The reasonable cost of preparing the transcript of testimony
taken before the commission shall be assessable as part of
the statutory court costs, and the amount thereof, if collected
[Title 81 RCW—page 6]
by the commission, shall be deposited in the public service
revolving fund. In case such findings or order be set aside,
or reversed and remanded, the court shall make specific
findings based upon evidence in the record indicating clearly
all respects in which the commission’s findings or order are
erroneous. [1961 c 14 § 81.04.170. Prior: 1937 c 169 § 3;
1911 c 117 § 86; RRS § 10428.]
81.04.180 Supersedeas. The pendency of any writ of
review shall not of itself stay or suspend the operation of the
order of the commission, but the superior court in its
discretion may restrain or suspend, in whole or in part, the
operation of the commission’s order pending the final
hearing and determination of the suit.
No order so restraining or suspending an order of the
commission relating to rates, fares, charges, tolls or rentals,
or rules or regulations, practices, classifications or contracts
affecting the same, shall be made by the superior court
otherwise than upon three days’ notice and after hearing, and
if a supersedeas is granted the order granting the same shall
contain a specific finding, based upon evidence submitted to
the court making the order, and identified by reference
thereto, that great or irreparable damage would otherwise
result to the petitioner, and specifying the nature of the
damage.
In case the order of the commission under review is
superseded by the court, it shall require a bond, with good
and sufficient surety, conditioned that such company petitioning for such review shall answer for all damages caused
by the delay in the enforcement of the order of the commission, and all compensation for whatever sums for transportation any person or corporation shall be compelled to pay
pending the review proceedings in excess of the sum such
person or corporations would have been compelled to pay if
the order of the commission had not been suspended.
The court may, in addition to or in lieu of the bond
herein provided for, require such other or further security for
the payment of such excess charges or damages as it may
deem proper. [1961 c 14 § 81.04.180. Prior: 1933 c 165
§ 6; prior: 1931 c 119 § 2; 1911 c 117 § 87; RRS § 10429.]
81.04.190 Appellate review. The commission, any
public service company or any complainant may, after the
entry of judgment in the superior court in any action of
review, seek appellate review as in other cases. [1988 c 202
§ 63; 1971 ex.s. c 107 § 5; 1961 c 14 § 81.04.190. Prior:
1911 c 117 § 88; RRS § 10430.]
Rules of court: Cf. RAP 2.2.
Severability—1988 c 202: See note following RCW 2.24.050.
81.04.200 Rehearing before commission. Any public
service company affected by any order of the commission,
and deeming itself aggrieved, may, after the expiration of
two years from the date of such order taking effect, petition
the commission for a rehearing upon the matters involved in
such order, setting forth in such petition the grounds and
reasons for such rehearing, which grounds and reasons may
comprise and consist of changed conditions since the
issuance of such order, or by showing a result injuriously
affecting the petitioner which was not considered or anticipated at the former hearing, or that the effect of such order
(2002 Ed.)
Regulations—General
has been such as was not contemplated by the commission
or the petitioner, or for any good and sufficient cause which
for any reason was not considered and determined in such
former hearing. Upon the filing of such petition, such
proceedings shall be had thereon as are provided for hearings
upon complaint, and such orders may be reviewed as are
other orders of the commission: PROVIDED, That no order
superseding the order of the commission denying such
rehearing shall be granted by the court pending the review.
In case any order of the commission shall not be reviewed,
but shall be complied with by the public service company,
such petition for rehearing may be filed within six months
from and after the date of the taking effect of such order,
and the proceedings thereon shall be as in this section
provided. The commission, may, in its discretion, permit the
filing of a petition for rehearing at any time. No order of
the commission upon a rehearing shall affect any right of
action or penalty accruing under the original order unless so
ordered by the commission. [1961 c 14 § 81.04.200. Prior:
1911 c 117 § 89; RRS § 10431.]
81.04.210 Commission may change orders. The
commission may at any time, upon notice to the public
service company affected, and after opportunity to be heard
as provided in the case of complaints rescind, alter or amend
any order or rule made, issued or promulgated by it, and any
order or rule rescinding, altering or amending any prior order
or rule shall, when served upon the public service company
affected, have the same effect as herein provided for original
orders and rules. [1961 c 14 § 81.04.210. Prior: 1911 c
117 § 90; RRS § 10432.]
81.04.220 Reparations. When complaint has been
made to the commission concerning the reasonableness of
any rate, fare, toll, rental or charge for any service performed by any public service company, and the same has
been investigated by the commission, and the commission
has determined that the public service company has charged
an excessive or exorbitant amount for such service, and the
commission has determined that any party complainant is
entitled to an award of damages, the commission shall order
that the public service company pay to the complainant the
excess amount found to have been charged, whether such
excess amount was charged and collected before or after the
filing of said complaint, with interest from the date of the
collection of said excess amount. [1961 c 14 § 81.04.220.
Prior: 1943 c 258 § 1; 1937 c 29 § 1; Rem. Supp. 1943 §
10433.]
81.04.230 Overcharges—Refund. When complaint
has been made to the commission that any public service
company has charged an amount for any service rendered in
excess of the lawful rate in force at the time such charge
was made, and the same has been investigated and the
commission has determined that the overcharge allegation is
true, the commission may order that the public service
company pay to the complainant the amount of the overcharge so found, whether such overcharge was made before
or after the filing of said complaint, with interest from the
date of collection of such overcharge. [1961 c 14 §
81.04.230. Prior: 1937 c 29 § 2; RRS § 10433-1.]
(2002 Ed.)
81.04.200
81.04.235 Limitation of actions. All complaints
against public service companies for recovery of overcharges
shall be filed with the commission within two years from the
time the cause of action accrues, and not after, except as
hereinafter provided, and except that if claim for the overcharge has been presented in writing to the public service
company within the two-year period of limitation, said
period shall be extended to include six months from the time
notice in writing is given by the public service company to
the claimant of disallowance of the claim, or any part or
parts thereof, specified in the notice.
If on or before expiration of the two-year period of
limitation for the recovery of overcharges, a public service
company begins action under RCW 81.28.270 for recovery
of charges in respect of the same transportation service, or,
without beginning action, collects charges in respect of that
service, said period of limitation shall be extended to include
ninety days from the time such action is begun or such
charges are collected by the carrier.
All complaints against public service companies for the
recovery of damages not based on overcharges shall be filed
with the commission within six months from the time the
cause of action accrues except as hereinafter provided.
The six-month period of limitation for recovery of
damages not based on overcharges shall be extended for a
like period and under the same conditions as prescribed for
recovery of overcharges. If the six-month period for
recovery of damages not based on overcharges has expired
at the time action is commenced under RCW 81.28.270 for
recovery of charges with respect to the same transportation
service, or, without beginning such action, charges are
collected with respect to that service, complaints therefor
shall be filed with the commission within ninety days from
the commencement of such action or the collection of such
charges by the carrier. [1963 c 59 § 4; 1961 c 14 §
81.04.235. Prior: 1955 c 79 § 5.]
81.04.236 When cause of action deemed to accrue.
The cause of action for the purposes of RCW 81.04.235,
81.04.240, and 81.28.270 shall be deemed to accrue: (a) In
respect of a shipment of property, upon delivery or tender of
delivery thereof by the carrier, and not after; (b) in respect
of goods or service or services other than a shipment of
property, upon the rendering of an invoice or statement of
charges by the public service company, and not after.
The provisions of this section shall extend to and
embrace cases in which the cause of action has heretofore
accrued as well as cases in which the cause of action may
hereafter accrue. [1961 c 14 § 81.04.236. Prior: 1955 c 79
§ 6.]
81.04.240 Action in court on reparations and
overcharges. If the public service company does not
comply with the order of the commission for the payment of
damages or overcharges within the time limited in the order,
action may be brought in any superior court where service
may be had upon the company to recover the amount of
damages or overcharges with interest. The commission shall
certify and file its record in the case, including all exhibits,
with the clerk of the court within thirty days after such
action is started and the action shall be heard on the evi[Title 81 RCW—page 7]
81.04.240
Title 81 RCW: Transportation
dence and exhibits introduced before the commission and
certified to by it.
If the complainant shall prevail in the action, the court
shall enter judgment for the amount of damages or overcharges with interest and shall allow complainant a reasonable attorney’s fee, and the cost of preparing and certifying
the record for the benefit of and to be paid to the commission by complainant, and deposited by the commission in the
public service revolving fund, said sums to be fixed and
collected as a part of the costs of the action.
If the order of the commission is found contrary to law
or erroneous by reason of the rejection of testimony properly
offered, the court shall remand the cause to the commission
with instructions to receive the testimony so proffered and
rejected and enter a new order based upon the evidence
theretofore taken and such as it is directed to receive.
The court may remand any action which is reversed by
it to the commission for further action.
Appeals to the supreme court shall lie as in other civil
cases. Action to recover damages or overcharges shall be
filed in the superior court within one year from the date of
the order of the commission.
The procedure provided in this section is exclusive, and
neither the supreme court nor any superior court shall have
jurisdiction save in the manner hereinbefore provided. [1961
c 14 § 81.04.240. Prior: 1955 c 79 § 4; 1943 c 258 § 2;
1937 c 29 § 3; Rem. Supp. 1943 § 10433-2.]
81.04.250 Determination of rates. The commission
has the power upon complaint or upon its own motion to
prescribe and authorize just and reasonable rates for the
transportation of persons or property by carriers other than
railroad companies, and shall exercise that power whenever
and as often as it deems necessary or proper. The commission shall, before any hearing is had upon the complaint or
motion, notify the complainants and the carrier concerned of
the time and place of the hearing by giving at least ten days’
written notice thereof, specifying that at the time and place
designated a hearing will be held for the purpose of prescribing and authorizing the rates. The notice is sufficient to
authorize the commission to inquire into and pass upon the
matters designated in this section.
In exercising this power the commission may use any
standard, formula, method, or theory of valuation reasonably
calculated to arrive at the objective of prescribing and
authorizing just and reasonable rates.
In the exercise of this power the commission may give
consideration, in addition to other factors, to the following:
(1) To the effect of the rates upon movement of traffic
by the carriers;
(2) To the public need for adequate transportation
facilities, equipment, and service at the lowest level of
charges consistent with the provision, maintenance, and
renewal of the facilities, equipment and service; and
(3) To the carrier need for revenue of a level that under
honest, efficient, and economical management is sufficient
to cover the cost (including all operating expenses, depreciation accruals, rents, and taxes of every kind) of providing
adequate transportation service, plus an amount equal to the
percentage of that cost as is reasonably necessary for the
provision, maintenance, and renewal of the transportation
[Title 81 RCW—page 8]
facilities or equipment and a reasonable profit to the carrier.
The relation of carrier expenses to carrier revenues may be
deemed the proper test of a reasonable profit.
This section does not apply to railroad companies,
which shall be regulated in this regard by *chapter 81.34
RCW and rules adopted thereunder. [1984 c 143 § 3; 1961
c 14 § 81.04.250. Prior: 1951 c 75 § 1; 1933 c 165 § 4;
1913 c 182 § 1; 1911 c 117 § 92; RRS § 10441.]
*Reviser’s note: Chapter 81.34 RCW was repealed by 1991 c 49 §
1.
81.04.260 Summary proceedings. Whenever the
commission shall be of opinion that any public service
company is failing or omitting, or about to fail or omit, to do
anything required of it by law, or by order, direction or
requirement of the commission, or is doing anything, or
about to do anything, or permitting anything, or about to
permit anything to be done contrary to or in violation of law
or of any order, direction or requirement of the commission
authorized by this title, it shall direct the attorney general to
commence an action or proceeding in the superior court of
the state of Washington for Thurston county, or in the
superior court of any county in which such company may do
business, in the name of the state of Washington on the
relation of the commission, for the purpose of having such
violations or threatened violations stopped and prevented,
either by mandamus or injunction. The attorney general
shall thereupon begin such action or proceeding by petition
to such superior court, alleging the violation complained of,
and praying for appropriate relief by way of mandamus or
injunction. It shall thereupon be the duty of the court to
specify a time, not exceeding twenty days after the service
of the copy of the petition, within which the public service
company complained of must answer the petition. In case
of default in answer or after answer, the court shall immediately inquire into the facts and circumstances in such manner
as the court shall direct, without other or formal pleadings,
and without respect to any technical requirement. Such
persons or corporations as the court may deem necessary or
proper to be joined as parties, in order to make its judgment,
order or writ effective, may be joined as parties. The final
judgment in any such action or proceeding shall either
dismiss the action or proceeding or direct that the writ of
mandamus or injunction, or both, issue as prayed for in the
petition, or in such other modified form as the court may
determine will afford appropriate relief. Appellate review of
the final judgment may be sought in the same manner and
with the same effect as review of judgments of the superior
court in actions to review orders of the commission. All
provisions of this chapter relating to the time of review, the
manner of perfecting the same, the filing of briefs, hearings
and supersedeas, shall apply to appeals to the supreme court
or the court of appeals under the provisions of this section.
[1988 c 202 § 64; 1971 c 81 § 143; 1961 c 14 § 81.04.260.
Prior: 1911 c 117 § 93; RRS § 10442.]
Severability—1988 c 202: See note following RCW 2.24.050.
81.04.270 Merchandise accounts to be kept separate. Any public service company engaging in the sale of
merchandise or appliances or equipment shall keep separate
accounts, as prescribed by the commission, of its capital
(2002 Ed.)
Regulations—General
employed in such business and of its revenues therefrom and
operating expenses thereof. The capital employed in such
business shall not constitute a part of the fair value of said
company’s property for rate making purposes, nor shall the
revenues from or operating expenses of such business
constitute a part of the operating revenues and expenses of
said company as a public service company. [1961 c 14 §
81.04.270. Prior: 1933 c 165 § 8; RRS § 10458-2.]
81.04.270
mentary budget with the commission for its investigation and
approval or rejection. [1961 c 14 § 81.04.300. Prior: 1959
c 248 § 15; prior: 1933 c 165 § 10, part; RRS § 10458-4,
part.]
81.04.280 Purchase and sale of stock by employees.
No public service company shall permit any employee to
sell, offer for sale, or solicit the purchase of any security of
any other person or corporation during such hours as such
employee is engaged to perform any duty of such public
service company; nor shall any public service company by
any means or device require any employee to purchase or
contract to purchase any of its securities or those of any
other person or corporation; nor shall any public service
company require any employee to permit the deduction from
his wages or salary of any sum as a payment or to be applied as a payment of any purchase or contract to purchase
any security of such public service company or of any other
person or corporation. [1961 c 14 § 81.04.280. Prior: 1933
c 165 § 9; RRS § 10458-3.]
81.04.290 Sale of stock to employees and patrons.
A corporate public service company, either heretofore or
hereafter organized under the laws of this state, may sell to
its employees and patrons any increase of its capital stock,
or part thereof, without first offering it to existing stockholders: PROVIDED, That such sale is approved by the holders
of a majority of the capital stock, at a regular or special
meeting held after notice given as to the time, place, and
object thereof as provided by law and the bylaws of the
company. Such sales shall be at prices and in amounts for
each purchaser and upon terms and conditions as set forth in
the resolution passed at the stockholders’ meeting, or in a
resolution passed at a subsequent meeting of the board of
trustees if the resolution passed at the stockholders’ meeting
shall authorize the board to determine prices, amounts,
terms, and conditions, except that in either event a minimum
price for the stock must be fixed in the resolution passed at
the stockholders’ meeting. [1961 c 14 § 81.04.290. Prior:
1955 c 79 § 7; 1923 c 110 § 1; RRS § 10344-1.]
81.04.310 Commission’s control over expenditures.
The commission may, both as to original and supplementary
budgets, prior to the making or contracting for the expenditure of any item therein, and after notice to the company and
a hearing thereon, reject any item of the budget. The
commission may require any company to furnish further
information, data, or detail as to any proposed item of
expenditure.
Failure of the commission to object to any item of
expenditure within sixty days of the filing of any original
budget or within thirty days of the filing of any supplementary budget shall constitute authority to the company to
proceed with the making of or contracting for such expenditure, but such authority may be terminated at any time by
objection made thereto by the commission prior to the
making of or contracting for such expenditure.
Examination, investigation, and determination of the
budget by the commission shall not bar or estop it from later
determining whether any of the expenditures made thereunder are fair, reasonable, and commensurate with the service,
material, supplies, or equipment received. [1961 c 14 §
81.04.310. Prior: 1959 c 248 § 16; prior: 1933 c 165 § 10,
part; RRS § 10458-4, part.]
81.04.320 Budget rules and regulations. The
commission may prescribe the necessary rules and regulations to place RCW 81.04.300 through 81.04.330 in operation. It may by general order, exempt in whole or in part
from the operation thereof companies whose gross operating
revenues are less than twenty-five thousand dollars a year.
The commission may upon request of any company withhold
from publication during such time as the commission may
deem advisable, any portion of any original or supplementary
budget relating to proposed capital expenditures. [1961 c 14
§ 81.04.320. Prior: 1959 c 248 § 17; prior: 1933 c 165 §
10, part; RRS § 10458-4, part.]
81.04.300 Budgets to be filed by companies—
Supplementary budgets. The commission may regulate,
restrict, and control the budgets of expenditures of public
service companies. Each company shall prepare a budget
showing the amount of money which, in its judgment, will
be needed during the ensuing year for maintenance, operation, and construction, classified by accounts as prescribed
by the commission, and shall within ten days of the date it
is approved by the company file it with the commission for
its investigation and approval or rejection. When a budget
has been filed with the commission it shall examine into and
investigate it to determine whether the expenditures therein
proposed are fair and reasonable and not contrary to public
interest.
Adjustments or additions to budget expenditures may be
made from time to time during the year by filing a supple(2002 Ed.)
81.04.330 Effect of unauthorized expenditure—
Emergencies. Any public service company may make or
contract for any rejected item of expenditure, but in such
case the same shall not be allowed as an operating expense,
or as to items of construction, as a part of the fair value of
the company’s property used and useful in serving the
public: PROVIDED, That such items of construction may
at any time thereafter be so allowed in whole or in part upon
proof that they are used and useful. Any company may
upon the happening of any emergency caused by fire, flood,
explosion, storm, earthquake, riot, or insurrection, or for the
immediate preservation or restoration to condition of
usefulness of any of its property, the usefulness of which has
been destroyed by accident, make the necessary expenditure
therefor free from the operation of RCW 81.04.300 through
81.04.330.
Any finding and order entered by the commission shall
be in effect until vacated and set aside in proper proceedings
for review thereof. [1961 c 14 § 81.04.330. Prior: 1959 c
[Title 81 RCW—page 9]
81.04.330
Title 81 RCW: Transportation
248 § 18; prior: 1933 c 165 § 10, part; RRS § 10458-4,
part.]
81.04.350 Depreciation and retirement accounts.
The commission shall have power after hearing to require
any or all public service companies to carry proper and
adequate depreciation or retirement accounts in accordance
with such rules, regulations and forms of accounts as the
commission may prescribe. The commission may from time
to time ascertain and by order fix the proper and adequate
rates of depreciation or retirement of the several classes of
property of each public service company. Each public
service company shall conform its depreciation or retirement
accounts to the rates so prescribed. In fixing the rate of the
annual depreciation or retirement charge, the commission
may consider the rate and amount theretofore charged by the
company for depreciation or retirement.
The commission shall have and exercise like power and
authority over all other reserve accounts of public service
companies. [1961 c 14 § 81.04.350. Prior: 1937 c 169 §
4; 1933 c 165 § 13; RRS § 10458-7.]
81.04.360 Excessive earnings to reserve fund. If any
public service company earns in the period of five consecutive years immediately preceding the commission order
fixing rates for such company a net utility operating income
in excess of a reasonable rate of return upon the fair value
of its property used and useful in the public service, the
commission shall take official notice of such fact and of
whether any such excess earnings shall have been invested
in such company’s plant or otherwise used for purposes
beneficial to the consumers of such company and may
consider such facts in fixing rates for such company. [1961
c 14 § 81.04.360. Prior: 1959 c 285 § 3; 1933 c 165 § 14;
RRS § 10458-8.]
81.04.380 Penalties—Violations by public service
companies. Every public service company, and all officers,
agents and employees of any public service company, shall
obey, observe and comply with every order, rule, direction
or requirement made by the commission under authority of
this title, so long as the same shall be and remain in force.
Any public service company which shall violate or fail to
comply with any provision of this title, or which fails, omits
or neglects to obey, observe or comply with any order, rule,
or any direction, demand or requirement of the commission,
shall be subject to a penalty of not to exceed the sum of one
thousand dollars for each and every offense. Every violation
of any such order, direction or requirement of this title shall
be a separate and distinct offense, and in case of a continuing violation every day’s continuance thereof shall be and be
deemed to be a separate and distinct offense. [1961 c 14 §
81.04.380. Prior: 1911 c 117 § 94; RRS § 10443.]
81.04.385 Penalties—Violations by officers, agents,
and employees of public service companies and persons
or entities acting as public service companies. Every
officer, agent or employee of any public service company or
any person, persons, or entity acting as a public service
company, who shall violate or fail to comply with, or who
procures, aids or abets any violation by any public service
[Title 81 RCW—page 10]
company of any provision of this title, or who shall fail to
obey, observe or comply with any order of the commission,
or any provision of any order of the commission, or who
procures, aids or abets any such public service company in
its failure to obey, observe and comply with any such order
or provision, shall be guilty of a gross misdemeanor. [1994
c 37 § 3; 1961 c 14 § 81.04.385. Prior: 1911 c 117 § 95;
RRS § 10444. Formerly RCW 81.04.390, part.]
Intent—1994 c 37: See note following RCW 81.04.110.
81.04.387 Penalties—Violations by other corporations. Every corporation, other than a public service
company, which shall violate any provision of this title, or
which shall fail to obey, observe or comply with any order
of the commission under authority of this title, so long as the
same shall be and remain in force, shall be subject to a
penalty of not to exceed the sum of one thousand dollars for
each and every offense. Every such violation shall be a
separate and distinct offense, and the penalty shall be
recovered in an action as provided in RCW 81.04.400.
[1961 c 14 § 81.04.387. Prior: 1911 c 117 § 96; RRS §
10445. Formerly RCW 81.04.380, part.]
81.04.390 Penalties—Violations by persons. Every
person who, either individually, or acting as an officer or
agent of a corporation other than a public service company,
violates any provision of this title, or fails to observe, obey,
or comply with any order made by the commission under
this title, so long as the same is or remains in force, or who
procures, aids, or abets any such corporation in its violation
of this title, or in its failure to obey, observe, or comply with
any such order, is guilty of a gross misdemeanor, except that
a violation pertaining to equipment on motor carriers
transporting hazardous material is a misdemeanor. [1980 c
104 § 5; 1961 c 14 § 81.04.390. Prior: 1911 c 117 § 97;
RRS § 10446.]
81.04.400 Actions to recover penalties—Disposition
of fines, fees, penalties. Actions to recover penalties under
this title shall be brought in the name of the state of Washington in the superior court of Thurston county, or in the
superior court of any county in or through which such public
service company may do business. In all such actions the
procedure and rules of evidence shall be the same as in
ordinary civil actions, except as otherwise herein provided.
All fines and penalties recovered by the state under this title
shall be paid into the treasury of the state and credited to the
state general fund or such other fund as provided by law:
PROVIDED, That all fees, fines, forfeitures and penalties
collected or assessed by a district court because of the
violation of a state law shall be remitted as provided in
chapter 3.62 RCW as now exists or is later amended. [1987
c 202 § 241; 1969 ex.s. c 199 § 38; 1961 c 14 § 81.04.400.
Prior: 1911 c 117 § 98; RRS § 10447.]
Intent—1987 c 202: See note following RCW 2.04.190.
81.04.405 Additional penalties—Violations by public
service companies and officers, agents, and employees.
In addition to all other penalties provided by law every
public service company subject to the provisions of this title
and every officer, agent or employee of any such public
(2002 Ed.)
Regulations—General
service company who violates or who procures, aids or abets
in the violation of any provision of this title or any order,
rule, regulation or decision of the commission, every person
or corporation violating the provisions of any cease and
desist order issued pursuant to RCW 81.04.510, and every
person or entity found in violation pursuant to a complaint
under RCW 81.04.110, shall incur a penalty of one hundred
dollars for every such violation. Each and every such violation shall be a separate and distinct offense and in case of a
continuing violation every day’s continuance shall be and be
deemed to be a separate and distinct violation. Every act of
commission or omission which procures, aids or abets in the
violation shall be considered a violation under the provisions
of this section and subject to the penalty herein provided for.
The penalty herein provided for shall become due and
payable when the person incurring the same receives a notice
in writing from the commission describing such violation
with reasonable particularity and advising such person that
the penalty is due. The commission may, upon written
application therefor, received within fifteen days, remit or
mitigate any penalty provided for in this section or discontinue any prosecution to recover the same upon such terms as
it in its discretion shall deem proper and shall have authority
to ascertain the facts upon all such applications in such
manner and under such regulations as it may deem proper.
If the amount of such penalty is not paid to the commission
within fifteen days after receipt of notice imposing the same
or application for remission or mitigation has not been made
within fifteen days after violator has received notice of the
disposition of such application the attorney general shall
bring an action in the name of the state of Washington in the
superior court of Thurston county or of some other county
in which such violator may do business, to recover such
penalty. In all such actions the procedure and rules of
evidence shall be the same as an ordinary civil action except
as otherwise herein provided. All penalties recovered under
this title shall be paid into the state treasury and credited to
the public service revolving fund. [1994 c 37 § 4; 1973 c
115 § 2; 1963 c 59 § 3.]
Intent—1994 c 37: See note following RCW 81.04.110.
81.04.410 Orders and rules conclusive. In all
actions between private parties and public service companies
involving any rule or order of the commission, and in all
actions for the recovery of penalties provided for in this title,
or for the enforcement of the orders or rules issued and
promulgated by the commission, the said orders and rules
shall be conclusive unless set aside or annulled in a review
as in this title provided. [1961 c 14 § 81.04.410. Prior:
1911 c 117 § 99; RRS § 10448.]
81.04.420 Commission intervention where order or
rule is involved. In all court actions involving any rule or
order of the commission, where the commission has not been
made a party, the commission shall be served with a copy of
all pleadings, and shall be entitled to intervene. Where the
fact that the action involves a rule or order of the commission does not appear until the time of trial, the court shall
immediately direct the clerk to notify the commission of the
pendency of such action, and shall permit the commission to
intervene in such action.
(2002 Ed.)
81.04.405
The failure to comply with the provisions of this section
shall render void and of no effect any judgment in such
action, where the effect of such judgment is to modify or
nullify any rule or order of the commission. [1961 c 14 §
81.04.420. Prior: 1943 c 67 § 1; Rem. Supp. 1943 §
10448-1.]
81.04.430 Findings of department prima facie
correct. Whenever the commission has issued or promulgated any order or rule, in any writ of review brought by a
public service company to determine the reasonableness of
such order or rule, the findings of fact made by the commission shall be prima facie correct, and the burden shall be
upon said public service company to establish the order or
rule to be unreasonable or unlawful. [1961 c 14 §
81.04.430. Prior: 1911 c 117 § 100; RRS § 10449.]
81.04.440 Companies liable for damages. In case
any public service company shall do, cause to be done or
permit to be done any act, matter or thing prohibited,
forbidden or declared to be unlawful, or shall omit to do any
act, matter or thing required to be done, either by any law of
this state, by this title or by any order or rule of the commission, such public service company shall be liable to the
persons or corporations affected thereby for all loss, damage
or injury caused thereby or resulting therefrom, and in case
of recovery if the court shall find that such act or omission
was wilful, it may, in its discretion, fix a reasonable counsel
or attorney’s fee, which shall be taxed and collected as part
of the costs in the case. An action to recover for such loss,
damage or injury may be brought in any court of competent
jurisdiction by any person or corporation. [1961 c 14 §
81.04.440. Prior: 1911 c 117 § 102; RRS § 10451.]
81.04.450 Certified copies of orders, rules, etc.—
Evidentiary effect. Upon application of any person the
commission shall furnish certified copies of any classification, rate, rule, regulation or order established by such
commission, and the printed copies published by authority of
the commission, or any certified copy of any such classification, rate, rule, regulation or order, with seal affixed, shall be
admissible in evidence in any action or proceeding, and shall
be sufficient to establish the fact that the charge, rate, rule,
order or classification therein contained is the official act of
the commission. When copies of any classification, rate,
rule, regulation or order not contained in the printed reports,
or copies of papers, accounts or records of public service
companies filed with the commission shall be demanded
from the commission for proper use, the commission shall
charge a reasonable compensation therefor. [1961 c 14 §
81.04.450. Prior: 1911 c 117 § 103; RRS § 10452.]
81.04.460 Commission to enforce public service
laws—Employees as peace officers. It shall be the duty of
the commission to enforce the provisions of this title and all
other acts of this state affecting public service companies,
the enforcement of which is not specifically vested in some
other officer or tribunal. Any employee of the commission
may, without a warrant, arrest any person found violating in
his presence any provision of this title, or any rule or
regulation adopted by the commission: PROVIDED, That
[Title 81 RCW—page 11]
81.04.460
Title 81 RCW: Transportation
each such employee shall be first specifically designated in
writing by the commission or a member thereof as having
been found to be a fit and proper person to exercise such
authority. Upon being so designated such person shall be a
peace officer and a police officer for the purposes herein
mentioned. [1961 c 173 § 2; 1961 c 14 § 81.04.460. Prior:
1911 c 117 § 101; RRS § 10450.]
81.04.470 Right of action not released—Penalties
cumulative. This title shall not have the effect to release or
waive any right of action by the state or any person for any
right, penalty or forfeiture which may have arisen or may
hereafter arise under any law of this state; and all penalties
accruing under this title shall be cumulative of each other,
and a suit for the recovery of one penalty shall not be a bar
to the recovery of any other: PROVIDED, That no contract,
receipt, rule or regulation shall exempt any corporation
engaged in transporting livestock by railway from liability of
a common carrier, or carrier of livestock which would exist
had no contract, receipt, rule or regulation been made or
entered into. [1961 c 14 § 81.04.470. Prior: 1911 c 117 §
104; RRS § 10453. Formerly RCW 81.04.470 and
81.04.480.]
81.04.490 Application to municipal utilities.
Nothing in this title shall authorize the commission to make
or enforce any order affecting rates, tolls, rentals, contracts
or charges or service rendered, or the safety, adequacy or
sufficiency of the facilities, equipment, instrumentalities or
buildings, or the reasonableness of rules or regulations made,
furnished, used, supplied or in force affecting any street
railroad owned and operated by any city or town, but all
other provisions enumerated herein shall apply to public
utilities owned by any city or town. [1961 c 14 § 81.04.490.
Prior: 1911 c 117 § 105; RRS § 10454.]
81.04.500 Duties of attorney general. It shall be the
duty of the attorney general to represent and appear for the
people of the state of Washington and the commission in all
actions and proceedings involving any question under this
title, or under or in reference to any act or order of the
commission; and it shall be the duty of the attorney general
generally to see that all laws affecting any of the persons or
corporations herein enumerated are complied with, and that
all laws, the enforcement of which devolves upon the
commission, are enforced, and to that end he is authorized
to institute, prosecute and defend all necessary actions and
proceedings. [1961 c 14 § 81.04.500. Prior: 1911 c 117 §
5; RRS § 10341.]
81.04.510 Engaging in business or operating
without approval or authority—Procedure. Whether or
not any person or corporation is conducting business
requiring operating authority, or has performed or is performing any act requiring approval of the commission
without securing such approval, shall be a question of fact
to be determined by the commission. Whenever the commission believes that any person or corporation is engaged
in operations without the necessary approval or authority
required by any provision of this title, it may institute a
special proceeding requiring such person or corporation to
[Title 81 RCW—page 12]
appear before the commission at a location convenient for
witnesses and the production of evidence and bring with him
books, records, accounts and other memoranda, and give
testimony under oath as to his operations or acts, and the
burden shall rest upon such person or corporation of proving
that his operations or acts are not subject to the provisions
of this chapter. The commission may consider any and all
facts that may indicate the true nature and extent of the
operations or acts and may subpoena such witnesses and
documents as it deems necessary.
After having made the investigation herein described,
the commission is authorized and directed to issue the
necessary order or orders declaring the operations or acts to
be subject to, or not subject to, the provisions of this title.
In the event the operations or acts are found to be subject to
the provisions of this title, the commission is authorized and
directed to issue cease and desist orders to all parties
involved in the operations or acts.
In proceedings under this section no person or corporation shall be excused from testifying or from producing any
book, waybill, document, paper or account before the
commission when ordered to do so, on the ground that the
testimony or evidence, book, waybill, document, paper or
account required of him may tend to incriminate him or
subject him to penalty or forfeiture; but no person or
corporation shall be prosecuted, punished or subjected to any
penalty or forfeiture for or on account of any account,
transaction, matter or thing concerning which he shall under
oath have testified or produced documentary evidence in proceedings under this section: PROVIDED, That no person so
testifying shall be exempt from prosecution or punishment
for any perjury committed by him in his testimony. [1973
c 115 § 15.]
81.04.520 Rate regulation study. The commission,
together with the Hanford low-level radioactive waste
disposal site operator and other state agencies and parties as
necessary, shall study and assess the need for procedures that
include, but are not limited to: Assuring that the operator’s
rates are fair, just, reasonable, and sufficient considering the
value of the operator’s leasehold and license interests, the
unique nature of its business operations, and the operator’s
liability associated with the site and its investment incurred
over the term of its operations, and the rate of return
equivalent to that earned by comparable enterprises; and for
ensuring that the commission’s costs of regulation are
recovered when the federal low-level waste policy act
amendment of 1985 results in the regional site being the
exclusive site option for Northwest low-level waste compact
generators, after January 1, 1993. If, following receipt of the
study, the legislature authorizes the commission to regulate
the operator’s rates, such rates shall not take effect until
January 1, 1993, when the regional site will be the exclusive
site option for Northwest low-level waste compact generators. [1998 c 245 § 164; 1990 c 21 § 8.]
Low-level radioactive test sites: Chapter 81.100 RCW.
81.04.530 Controlled substances, alcohol. A person
or employer operating as a motor carrier shall comply with
the requirements of the United States department of transportation federal motor carrier safety regulations as contained in
(2002 Ed.)
Regulations—General
Title 49 C.F.R. Part 382, controlled substances and alcohol
use and testing. A person or employer who begins or
conducts commercial motor vehicle operations without
having a controlled substance and alcohol testing program
that is in compliance with the requirements of Title 49
C.F.R. Part 382 is subject to a penalty, under the process set
forth in RCW 81.04.405, of up to one thousand five hundred
dollars and up to an additional five hundred dollars for each
motor vehicle driver employed by the person or employer
who is not in compliance with the motor vehicle driver
testing requirements. A person or employer having actual
knowledge that a driver has tested positive for controlled
substances or alcohol who allows a positively tested person
to continue to perform a safety-sensitive function is subject
to a penalty, under the process set forth in RCW 81.04.405,
of one thousand five hundred dollars. [1999 c 351 § 6.]
Chapter 81.08
SECURITIES
Sections
81.08.010
81.08.012
81.08.020
81.08.030
81.08.040
81.08.070
81.08.080
81.08.090
81.08.100
81.08.110
81.08.120
81.08.130
81.08.140
81.08.150
Definition.
"Evidence of indebtedness"—Limitation of term.
Control vested in state.
Authority to issue.
Prior to issuance—Filing required—Contents.
Fee schedule.
Capitalization of franchise or merger contract prohibited.
Accounting for disposition of proceeds.
Issuance made contrary to this chapter—Penalties.
Penalty against company.
Penalty against individual.
Assumption of obligation or liability—Compliance with
filing requirements.
State not obligated.
Authority of commission—Not affected by requirements of
this chapter.
81.08.010 Definition. The term "public service
company", as used in this chapter, shall mean every company now or hereafter engaged in business in this state as a
public utility and subject to regulation as to rates and service
by the utilities and transportation commission under the
provisions of this title: PROVIDED, That it shall not
include any such company the issuance of stocks and securities of which is subject to regulation by the Interstate
Commerce Commission: PROVIDED FURTHER, That it
shall not include any "motor carrier" as that term is defined
in RCW 81.80.010 or any "garbage and refuse collection
company" subject to the provisions of chapter 81.77 RCW.
[1981 c 13 § 3; 1965 ex.s. c 105 § 3; 1961 c 14 §
81.08.010. Prior: 1959 c 248 § 3; 1957 c 205 § 2; 1953 c
95 § 9; prior: 1933 c 151 § 1, part; RRS § 10439-1, part.]
81.08.012 "Evidence of indebtedness"—Limitation
of term. The term "evidence of indebtedness," as used in
this chapter, shall not include conditional sales contracts or
purchase money chattel mortgages. [1961 c 14 § 81.08.012.
Prior: 1951 c 227 § 2.]
81.08.020 Control vested in state. The power of
public service companies to issue stocks and stock certificates or other evidence of interest or ownership, and bonds,
(2002 Ed.)
81.04.530
notes and other evidences of indebtedness and to create liens
on their property situated within this state is a special
privilege, the right of supervision, regulation, restriction, and
control of which is and shall continue to be vested in the
state, and such power shall be exercised as provided by law
and under such rules and regulations as the commission may
prescribe. [1961 c 14 § 81.08.020. Prior: 1933 c 151 § 2;
RRS § 10439-2.]
81.08.030 Authority to issue. A public service
company may issue stock and stock certificates or other
evidence of interest or ownership, or bonds, notes or other
evidence of indebtedness payable on demand or at periods of
more than twelve months after the date thereof, for the
following purposes only: The acquisition of property, or the
construction, completion, extension, or improvement of its
facilities, or the improvement or maintenance of its service,
or the issuance of stock dividends, or the discharge or
refunding of its obligations, or the reimbursement of moneys
actually expended from income or from any other moneys in
the treasury of the company not secured by or obtained from
the issue of stock or stock certificates or other evidence of
interest or ownership, or bonds, notes or other evidence of
indebtedness of the company for any of the aforesaid
purposes except maintenance of service, in cases where the
applicant keeps its accounts and vouchers for such expenditures in such manner as to enable the commission to ascertain the amount of money so expended and the purpose for
which the expenditure was made. [1961 c 14 § 81.08.030.
Prior: 1953 c 95 § 10; 1937 c 30 § 1; 1933 c 151 § 3; RRS
§ 10439-3.]
81.08.040 Prior to issuance—Filing required—
Contents. Any public service company that undertakes to
issue stocks, stock certificates, other evidence of interest or
ownership, bonds, notes, or other evidences of indebtedness
shall file with the commission before such issuance:
(1) A description of the purposes for which the issuance
is made, including a certification by an officer authorized to
do so that the proceeds from any such financing is for one
or more of the purposes allowed by this chapter;
(2) A description of the proposed issuance including the
terms of financing; and
(3) A statement as to why the transaction is in the
public interest. [1994 c 251 § 8; 1961 c 14 § 81.08.040.
Prior: 1933 c 151 § 4; RRS § 10439-4.]
81.08.070 Fee schedule. Each public service company making application to the commission for authority to
issue stock and stock certificates or other evidence of interest
or ownership and bonds, notes or other evidence of indebtedness, shall pay to the commission the following fees: For
each order authorizing an issue of bonds, notes or other
evidence of indebtedness, one dollar for each one thousand
dollars of the principal amount of the authorized issue or
fraction thereof up to one million dollars, and fifty cents for
each one thousand dollars over one million dollars and up to
ten million dollars, and ten cents for each one thousand
dollars over ten million dollars, with a minimum fee in any
case of ten dollars; for each order authorizing an issue of
stock, stock certificates, or other evidence of interest or
[Title 81 RCW—page 13]
81.08.070
Title 81 RCW: Transportation
ownership, one dollar for each one thousand dollars of the
par or stated value of the authorized issue or fraction thereof
up to one million dollars, and fifty cents for each one thousand dollars over one million dollars and up to ten million
dollars, and ten cents for each one thousand dollars over ten
million dollars, with a minimum fee in any case of ten
dollars: PROVIDED, That only twenty-five percent of the
specified fees need be paid on any issue or on such portion
thereof as may be used to guarantee, take over, refund, or
discharge any stock issue or stock certificates, bonds, notes
or other evidence of interest, ownership or indebtedness on
which a fee has theretofore been paid: PROVIDED FURTHER, That if the commission modifies the amount of the
issue requested and the applicant elects not to avail itself of
the authorization, no fee need be paid. All fees collected
under this section shall be paid at least once each month to
the state treasurer and deposited in the public service
revolving fund. [1961 c 14 § 81.08.070. Prior: 1959 c 248
§ 23; prior: 1953 c 95 § 11; 1937 c 30 § 2, part; 1933 c
151 § 6, part; RRS § 10439-6, part.]
81.08.080 Capitalization of franchise or merger
contract prohibited. The commission shall have no power
to authorize the capitalization of the right to be a corporation, or to authorize the capitalization of any franchise or
permit whatsoever or the right to own, operate or enjoy any
such franchise or permit in excess of the amount (exclusive
of any tax or annual charge) actually paid to the state or to
a political subdivision thereof as the consideration for the
grant of such franchise, permit or right; nor shall any
contract for consolidation or lease be capitalized, nor shall
any public service company hereafter issue any bonds, notes
or other evidences of indebtedness against or as a lien upon
any contract for consolidation or merger. [1961 c 14 §
81.08.080. Prior: 1933 c 151 § 7; RRS § 10439-7.]
81.08.090 Accounting for disposition of proceeds.
The commission shall have the power to require public
service companies to account for the disposition of the
proceeds of all sales of stocks and stock certificates or other
evidence of interest or ownership, and bonds, notes and other
evidences of indebtedness, in such form and detail as it may
deem advisable, and to establish such rules and regulations
as it may deem reasonable and necessary to insure the
disposition of such proceeds for the purpose or purposes
specified in its order. [1961 c 14 § 81.08.090. Prior: 1933
c 151 § 8; RRS § 10439-8.]
81.08.100 Issuance made contrary to this chapter—
Penalties. If a public service company issues any stock,
stock certificate, or other evidence of interest or ownership,
bond, note, or other evidence of indebtedness, contrary to the
provisions of this chapter, the company may be subject to
penalty under RCW 81.08.110 and 81.08.120. [1994 c 251
§ 9; 1961 c 14 § 81.08.100. Prior: 1933 c 151 § 9; RRS §
10439-9.]
81.08.110 Penalty against company. Every public
service company which, directly or indirectly, issues or
causes to be issued, any stock or stock certificate or other
evidence of interest or ownership, or bond, note or other
[Title 81 RCW—page 14]
evidence of indebtedness, in nonconformity with the provisions of this chapter, or which applies the proceeds from the
sale thereof, or any part thereof, to any purpose other than
the purpose or purposes allowed by this chapter shall be
subject to a penalty of not more than one thousand dollars
for each offense. Every violation of any such order, rules,
direction, demand or requirement of the department, or of
any provision of this chapter, shall be a separate and distinct
offense and in case of a continuing violation every day’s
continuance thereof shall be deemed to be a separate and
distinct offense.
The act, omission or failure of any officer, agent or
employee of any public service company acting within the
scope of his official duties or employment, shall in every
case be deemed to be the act, omission or failure of such
public service company. [1994 c 251 § 10; 1961 c 14 §
81.08.110. Prior: 1933 c 151 § 11; RRS § 10439-11.]
81.08.120 Penalty against individual. Every officer,
agent, or employee of a public service company, and every
other person who knowingly authorizes, directs, aids in,
issues or executes, or causes to be issued or executed, any
stock or stock certificate or other evidence of interest or
ownership, or bond, note or other evidence of indebtedness
contrary to the provisions of this chapter, or who knowingly
makes any false statement or representation or with knowledge of its falsity files or causes to be filed with the commission any false statement or representation or causes or
assists to be applied the proceeds or any part thereof, from
the sale of any stock or stock certificate or other evidence of
interest or ownership, or bond, note or other evidence of
indebtedness, to any purpose not allowed by this chapter or
who, with knowledge that any stock or stock certificate or
other evidence of interest or ownership, or bond, note or
other evidence of indebtedness, has been issued or executed
in violation of any of the provisions of this chapter negotiates, or causes the same to be negotiated, shall be guilty of
a gross misdemeanor. [1994 c 251 § 11; 1961 c 14 §
81.08.120. Prior: 1933 c 151 § 12; RRS § 10439-12.]
81.08.130 Assumption of obligation or liability—
Compliance with filing requirements. Any public service
company that assumes any obligation or liability as guarantor, indorser, surety or otherwise in respect to the securities
of any other person, firm or corporation, when such securities are payable at periods of more than twelve months after
the date thereof, shall comply with the filing requirements of
RCW 81.08.040. [1994 c 251 § 12; 1961 c 14 § 81.08.130.
Prior: 1933 c 151 § 13; RRS § 10439-13.]
81.08.140 State not obligated. No provision of this
chapter, and no deed or act done or performed under or in
connection therewith, shall be held or construed to obligate
the state of Washington to pay or guarantee, in any manner
whatsoever, any stock or stock certificate or other evidence
of interest or ownership, or bond, note or other evidence of
indebtedness, authorized, issued or executed under the
provisions of this chapter. [1961 c 14 § 81.08.140. Prior:
1933 c 151 § 14; RRS § 10439-14.]
(2002 Ed.)
Securities
81.08.150 Authority of commission—Not affected by
requirements of this chapter. No action by a public
service company in compliance with nor by the commission
in conformance with the requirements of this chapter may in
any way affect the authority of the commission over rates,
service, accounts, valuations, estimates, or determinations of
costs, or any matters whatsoever that may come before it.
[1994 c 251 § 13.]
Chapter 81.12
TRANSFERS OF PROPERTY
Sections
81.12.010
81.12.020
81.12.030
81.12.040
81.12.050
81.12.060
Definition.
Order required to sell, merge, etc.
Disposal without authorization void.
Authority required to acquire property or securities of company.
Rules and regulations.
Penalty.
81.12.010 Definition. The term "public service
company," as used in this chapter, shall mean every company now or hereafter engaged in business in this state as a
public utility and subject to regulation as to rates and service
by the utilities and transportation commission under the
provisions of this title: PROVIDED, That it shall not
include common carriers subject to regulation by the Interstate Commerce Commission: PROVIDED FURTHER, That
it shall not include motor freight carriers subject to the
provisions of chapter 81.80 RCW or garbage and refuse
collection companies subject to the provisions of chapter
81.77 RCW: PROVIDED FURTHER, That nothing contained in this chapter shall relieve public service companies
from the necessity for compliance with the provisions of
RCW 81.80.270. [1981 c 13 § 4; 1969 ex.s. c 210 § 4;
1965 ex.s. c 105 § 4; 1963 c 59 § 5; 1961 c 14 § 81.12.010.
Prior: 1953 c 95 § 12; 1941 c 159 § 1, part; Rem. Supp.
1941 § 10440a.]
81.12.020 Order required to sell, merge, etc. No
public service company shall sell, lease, assign or otherwise
dispose of the whole or any part of its franchises, properties
or facilities whatsoever, which are necessary or useful in the
performance of its duties to the public, and no public service
company shall, by any means whatsoever, directly or
indirectly, merge or consolidate any of its franchises,
properties or facilities with any other public service company, without having secured from the commission an order
authorizing it so to do: PROVIDED, That this section shall
not apply to any sale, lease, assignment or other disposal of
such franchises, properties or facilities to a public utility
district. [1961 c 14 § 81.12.020. Prior: 1945 c 75 § 1;
1941 c 159 § 2; Rem. Supp. 1945 § 10440b.]
81.12.030 Disposal without authorization void. Any
such sale, lease, assignment, or other disposition, merger or
consolidation made without authority of the commission
shall be void. [1961 c 14 § 81.12.030. Prior: 1941 c 159
§ 3; Rem. Supp. 1941 § 10440c.]
(2002 Ed.)
81.08.150
81.12.040 Authority required to acquire property or
securities of company. No public service company shall,
directly or indirectly, purchase, acquire, or become the
owner of any of the franchises, properties, facilities, capital
stocks or bonds of any other public service company unless
authorized so to do by the commission. Nothing contained
in this chapter shall prevent the holding of stocks or other
securities heretofore lawfully acquired or prohibit, upon the
surrender or exchange of said stocks or other securities
pursuant to a reorganization plan, the purchase, acquisition,
taking or holding by the owner of a proportionate amount of
the stocks or other securities of any new corporation organized to take over at foreclosure or other sale, the property
of the corporation the stocks or securities of which have
been thus surrendered or exchanged. Any contract by any
public service company for the purchase, acquisition,
assignment or transfer to it of any of the stocks or other
securities of any other public service company, directly or
indirectly, without the approval of the commission shall be
void and of no effect. [1961 c 14 § 81.12.040. Prior: 1941
c 159 § 4; Rem. Supp. 1941 § 10440d.]
81.12.050 Rules and regulations. The commission
shall have power to promulgate rules and regulations to
make effective the provisions of this chapter. [1961 c 14 §
81.12.050. Prior: 1941 c 159 § 5; Rem. Supp. 1941 §
10440e.]
81.12.060 Penalty. The provisions of RCW 81.04.380
and 81.04.385 as to penalties shall be applicable to public
service companies, their officers, agents and employees
failing to comply with the provisions of this chapter. [1961
c 14 § 81.12.060. Prior: 1941 c 159 § 6; Rem. Supp. 1941
§ 10440f.]
Chapter 81.16
AFFILIATED INTERESTS
Sections
81.16.010
81.16.020
81.16.030
81.16.040
81.16.050
81.16.060
81.16.070
81.16.075
81.16.080
81.16.090
Definitions.
Dealings with affiliated interests—Prior filing with commission required—Commission may disapprove.
Payments to affiliated interest disallowed if not reasonable.
Satisfactory proof, what constitutes.
Commission’s control is continuing.
Summary order on nonapproved payments.
Summary order on payments after disallowance.
Application of chapter—Solid waste collection companies.
Court action to enforce orders.
Review of orders.
81.16.010 Definitions. As used in this chapter, the
term "public service company" shall include every corporation engaged in business as a public utility and subject to
regulation as to rates and service by the utilities and transportation commission under the provisions of this title.
As used in this chapter, the term "affiliated interest,"
means:
Every corporation and person owning or holding directly
or indirectly five percent or more of the voting securities of
any public service company engaged in any intrastate
business in this state;
[Title 81 RCW—page 15]
81.16.010
Title 81 RCW: Transportation
Every corporation and person, other than those above
specified, in any chain of successive ownership of five
percent or more of voting securities, the chain beginning
with the holder of the voting securities of such public service
company;
Every corporation five percent or more of whose voting
securities are owned by any person or corporation owning
five percent or more of the voting securities of such public
service company or by any person or corporation in any such
chain of successive ownership of five percent or more of
voting securities;
Every corporation or person with which the public
service company has a management or service contract; and
Every person who is an officer or director of such
public service company or of any corporation in any chain
of successive ownership of five percent or more of voting
securities. [1969 ex.s. c 210 § 5; 1961 c 14 § 81.16.010.
Prior: 1953 c 95 § 13; 1933 c 152 § 1, part; RRS § 104401, part.]
81.16.020 Dealings with affiliated interests—Prior
filing with commission required—Commission may
disapprove. Every public service company shall file with
the commission a verified copy, or a verified summary if
unwritten, of a contract or arrangement providing for the
furnishing of management, supervisory construction, engineering, accounting, legal, financial, or similar services, or
any contract or arrangement for the purchase, sale, lease, or
exchange of any property, right, or thing, or for the furnishing of any service, property, right, or thing, other than those
enumerated in this section, hereafter made or entered into
between a public service company and any affiliated interest
as defined in this chapter, including open account advances
from or to the affiliated interests. The filing must be made
prior to the effective date of the contract or arrangement.
Modifications or amendments to the contracts or arrangements with affiliated interests must be filed with the commission prior to the effective date of the modification or
amendment. The commission may at any time after receipt
of the contract or arrangement institute an investigation and
disapprove the contract, arrangement, or amendment thereto
if the commission finds the public service company has
failed to prove that it is reasonable and consistent with the
public interest. The commission may disapprove any such
contract or arrangement if satisfactory proof is not submitted
to the commission of the cost to the affiliated interest of
rendering the services or of furnishing the property or
service described in this section. [1998 c 47 § 6; 1961 c 14
§ 81.16.020. Prior: 1941 c 160 § 1; 1933 c 152 § 1; Rem.
Supp. 1941 § 10440-2.]
81.16.030 Payments to affiliated interest disallowed
if not reasonable. In any proceeding, whether upon the
commission’s own motion or upon complaint, involving the
rates or practices of any public service company, the
commission may exclude from the accounts of the public
service company any payment or compensation to an affiliated interest for any services rendered or property or
service furnished, as described in this section, under existing
contracts or arrangements with the affiliated interest unless
the public service company establishes the reasonableness of
[Title 81 RCW—page 16]
the payment or compensation. In the proceeding the commission shall disallow the payment or compensation, in
whole or in part, in the absence of satisfactory proof that it
is reasonable in amount. In such a proceeding, any payment
or compensation may be disapproved or disallowed by the
commission, in whole or in part, if satisfactory proof is not
submitted to the commission of the cost to the affiliated
interest of rendering the service or furnishing the property or
service described in this section. [1998 c 47 § 7; 1961 c 14
§ 81.16.030. Prior: 1933 c 152 § 3; RRS § 10440-3.]
81.16.040 Satisfactory proof, what constitutes. No
proof shall be satisfactory, within the meaning of RCW
81.16.010 through 81.16.030, unless it includes the original
(or verified copies) of the relevant cost records and other
relevant accounts of the affiliated interest, or such abstract
thereof or summary taken therefrom, as the commission may
deem adequate, properly identified and duly authenticated:
PROVIDED, HOWEVER, That the commission may, where
reasonable, approve or disapprove such contracts or arrangements without the submission of such cost records or
accounts. [1961 c 14 § 81.16.040. Prior: 1933 c 152 § 4;
RRS § 10440-4.]
81.16.050 Commission’s control is continuing. The
commission shall have continuing supervisory control over
the terms and conditions of such contracts and arrangements
as are herein described so far as necessary to protect and
promote the public interest. The commission shall have the
same jurisdiction over the modifications or amendment of
contracts or arrangements as are herein described as it has
over such original contracts or arrangements. The fact that
a contract or arrangement has been filed with, or the
commission has approved entry into such contracts or
arrangements, as described herein, shall not preclude
disallowance or disapproval of payments made pursuant
thereto, if upon actual experience under such contract or
arrangement, it appears that the payments provided for or
made were or are unreasonable. Every order of the commission approving any such contract or arrangement shall be
expressly conditioned upon the reserved power of the
commission to revise and amend the terms and conditions
thereof, if, when and as necessary to protect and promote the
public interest. [1998 c 47 § 8; 1961 c 14 § 81.16.050.
Prior: 1933 c 152 § 5; RRS § 10440-5.]
81.16.060 Summary order on nonapproved payments. Whenever the commission shall find upon investigation that any public service company is giving effect to
any such contract or arrangement without such contract or
arrangement having been filed or approved, the commission
may issue a summary order prohibiting the public service
company from treating any payments made under the terms
of such contract or arrangement as operating expenses or as
capital expenditures for rate or valuation purposes, unless
and until such contract or arrangement has been filed with
the commission or until payments have received the approval
of the commission. [1998 c 47 § 9; 1961 c 14 § 81.16.060.
Prior: 1933 c 152 § 6; RRS § 10440-6.]
(2002 Ed.)
Affiliated Interests
81.16.070 Summary order on payments after
disallowance. Whenever the commission finds upon
investigation that any public service company is making
payments to an affiliated interest, although the payments
have been disallowed or disapproved by the commission in
a proceeding involving the public service company’s rates or
practices, the commission shall issue a summary order
directing the public service company to not treat the payments as operating expenses or capital expenditures for rate
or valuation purposes, unless and until the payments have
received the approval of the commission. [1998 c 47 § 10;
1961 c 14 § 81.16.070. Prior: 1933 c 152 § 7; RRS §
10440-7.]
81.16.075 Application of chapter—Solid waste
collection companies. This chapter does not apply to a
determination of the base for collection rates for solid waste
collection companies meeting the requirements under RCW
81.77.160(3). [1997 c 434 § 2.]
81.16.080 Court action to enforce orders. The
superior court of Thurston county is authorized to enforce
such orders to cease and desist by appropriate process,
including the issuance of a preliminary injunction, upon the
suit of the commission. [1961 c 14 § 81.16.080. Prior:
1933 c 152 § 8; RRS § 10440-8.]
81.16.090 Review of orders. Any public service
company or affiliated interest deeming any decision or order
of the commission to be in any respect or manner improper,
unjust or unreasonable may have the same reviewed in the
courts in the same manner and by the same procedure as is
now provided by law for review of any other order or
decision of the commission. [1961 c 14 § 81.16.090. Prior:
1933 c 152 § 9; RRS § 10440-9.]
Chapter 81.20
INVESTIGATION OF PUBLIC
SERVICE COMPANIES
Sections
81.20.010
81.20.020
81.20.030
81.20.040
81.20.050
81.20.060
Definition.
Cost of investigation may be assessed against company.
Interest on unpaid assessment—Action to collect.
Commission’s determination of necessity as evidence.
Order of commission not subject to review.
Limitation on frequency of investigations.
81.20.010 Definition. As used in this chapter, the
term "public service company" means any person, firm,
association, or corporation, whether public or private,
operating a utility or public service enterprise subject in any
respect to regulation by the utilities and transportation
commission under the provisions of this title or Title 22
RCW. [1961 c 14 § 81.20.010. Prior: 1953 c 95 § 14;
1939 c 203 § 1; RRS § 10458-6.]
81.20.020 Cost of investigation may be assessed
against company. Whenever the commission in any
proceeding upon its own motion or upon complaint shall
deem it necessary in order to carry out the duties imposed
(2002 Ed.)
81.16.070
upon it by law to investigate the books, accounts, practices
and activities of, or make any valuation or appraisal of the
property of any public service company, or to investigate or
appraise any phase of its operations, or to render any
engineering or accounting service to or in connection with
any public service company, and the cost thereof to the
commission exceeds in amount the ordinary regulatory fees
paid by such public service company during the preceding
calendar year or estimated to be paid during the current year,
whichever is more, such public service company shall pay
the expenses reasonably attributable and allocable to such
investigation, valuation, appraisal or services. The commission shall ascertain such expenses, and, after giving notice
and an opportunity to be heard, shall render a bill therefor
by registered mail to the public service company, either at
the conclusion of the investigation, valuation, appraisal or
services, or from time to time during its progress. Within
thirty days after a bill has been mailed such public service
company shall pay to the commission the amount of the bill,
and the commission shall transmit such payment to the state
treasurer who shall credit it to the public service revolving
fund. The total amount which any public service company
shall be required to pay under the provisions of this section
in any calendar year shall not exceed one percent of the
gross operating revenues derived by such public service
company from its intrastate operations during the last
preceding calendar year. If such company did not operate
during all of the preceding year the calculations shall be
based upon estimated gross revenues for the current year.
[1961 c 14 § 81.20.020. Prior: 1939 c 203 § 2(a); RRS §
10458-6a(a).]
81.20.030 Interest on unpaid assessment—Action to
collect. Amounts so assessed against any public service
company not paid within thirty days after mailing of the bill
therefor, shall draw interest at the rate of six percent per
annum from the date of mailing of the bill. Upon failure of
the public service company to pay the bill, the attorney
general shall proceed in the name of the state by civil action
in the superior court for Thurston county against such public
service company to collect the amount due, together with interest and costs of suit. [1961 c 14 § 81.20.030. Prior:
1939 c 203 § 2(b); RRS § 10458-6a(b).]
81.20.040 Commission’s determination of necessity
as evidence. In such action the commission’s determination
of the necessity of the investigation, valuation, appraisal or
services shall be conclusive evidence of such necessity, and
its findings and determination of facts expressed in bills
rendered pursuant to RCW 81.20.020 through 81.20.060 or
in any proceedings determinative of such bills shall be prima
facie evidence of such facts. [1961 c 14 § 81.20.040. Prior:
1939 c 203 § 2(c); RRS § 10458-6a(c).]
81.20.050 Order of commission not subject to
review. In view of the civil action provided for in RCW
81.20.020 through 81.20.060 any order made by the commission in determining the amount of such bill shall not be
reviewable in court, but the mere absence of such right of
review shall not prejudice the rights of defendants in the
[Title 81 RCW—page 17]
81.20.050
Title 81 RCW: Transportation
civil action. [1961 c 14 § 81.20.050. Prior: 1939 c 203 §
2(d); RRS § 10458-6a(d).]
81.20.060 Limitation on frequency of investigations.
Expenses of a complete valuation, rate and service investigation shall not be assessed against a public service company
under this chapter if such company shall have been subjected
to and paid the expenses of a complete valuation, rate and
service investigation during the preceding five years, unless
the properties or operations of the company have materially
changed or there has been a substantial change in its value
for rate making purposes or in other circumstances and
conditions affecting rates and services. [1961 c 14 §
81.20.060. Prior: 1939 c 203 § 2(e); RRS § 10458-6a(e).]
Chapter 81.24
REGULATORY FEES
Sections
81.24.010
Companies to file reports of gross revenue and pay fees—
General.
81.24.020 Fees of auto transportation companies—Statement filing.
81.24.030 Fees of every commercial ferry—Statement filing.
81.24.050 Fees to approximate reasonable cost of regulation.
81.24.060 Intent of legislature—Regulatory cost records to be kept by
commission.
81.24.070 Disposition of fees.
81.24.075 Delinquent fee payments.
81.24.080 Penalty for failure to pay fees—Disposition of fees and
penalties.
81.24.090 Pipeline safety fee—Reports—Procedure to contest fees—
Regulatory incentive program.
Corporations, annual license fees of public service companies: RCW
23B.01.570.
Highway user tax structure: Chapter 46.85 RCW.
Mileage fees on auto stages: RCW 46.16.125.
81.24.010 Companies to file reports of gross
revenue and pay fees—General. (1) Every company
subject to regulation by the commission, except auto transportation companies, steamboat companies, wharfingers or
warehousemen, motor freight carriers, and storage warehousemen shall, on or before the date specified by the
commission for filing annual reports under RCW 81.04.080,
file with the commission a statement on oath showing its
gross operating revenue from intrastate operations for the
preceding calendar year, or portion thereof, and pay to the
commission a fee equal to one-tenth of one percent of the
first fifty thousand dollars of gross operating revenue, plus
two-tenths of one percent of any gross operating revenue in
excess of fifty thousand dollars, except railroad companies
which shall each pay to the commission a fee equal to one
and one-half percent of its intrastate gross operating revenue.
However, the fee shall in no case be less than one dollar.
Any railroad association that qualifies as a not-for-profit
charitable organization under the federal internal revenue
code section 501(c)(3) is exempt from the fee required under
this subsection.
(2) The percentage rates of gross operating revenue to
be paid in any one year may be decreased by the commission for any class of companies subject to the payment of
such fees, by general order entered before March 1st of such
year, and for such purpose such companies shall be classi[Title 81 RCW—page 18]
fied as follows: Railroad, express, sleeping car, and toll
bridge companies shall constitute class two. Every other
company subject to regulation by the commission, for which
regulatory fees are not otherwise fixed by law shall pay fees
as herein provided and shall constitute additional classes
according to kinds of businesses engaged in. [1996 c 196 §
1; 1990 c 48 § 2; 1977 ex.s. c 48 § 1; 1969 ex.s. c 210 § 6;
1963 c 59 § 11; 1961 c 14 § 81.24.010. Prior: 1957 c 185
§ 1; 1955 c 125 § 4; prior: 1939 c 123 § 1, part; 1937 c
158 § 1, part; 1929 c 107 § 1, part; 1923 c 107 § 1, part;
1921 c 113 § 1, part; RRS § 10417, part.]
81.24.020 Fees of auto transportation companies—
Statement filing. By May 1st of each year, every auto
transportation company must file with the commission a
statement showing its gross operating revenue from intrastate
operations for the preceding year and pay to the commission
a fee of two-fifths of one percent of the amount of gross
operating revenue. However, the fee paid shall in no case be
less than two dollars and fifty cents.
The percentage rate of gross operating revenue to be
paid in any period may be decreased by the commission by
general order entered before the fifteenth day of the month
preceding the month in which the fee is due. [1997 c 215
§ 1; 1961 c 14 § 81.24.020. Prior: 1955 c 125 § 5; prior:
1937 c 158 § 2, part; RRS § 10417-1, part.]
81.24.030 Fees of every commercial ferry—
Statement filing. Every commercial ferry shall, on or
before the first day of April of each year, file with the
commission a statement on oath showing its gross operating
revenue from intrastate operations for the preceding calendar
year, or portion thereof, and pay to the commission a fee of
two-fifths of one percent of the amount of gross operating
revenue: PROVIDED, That the fee so paid shall in no case
be less than five dollars. The percentage rate of gross
operating revenue to be paid in any year may be decreased
by the commission by general order entered before March
1st of such year. [1993 c 427 § 10; 1981 c 13 § 5; 1961 c
14 § 81.24.030. Prior: 1955 c 125 § 6; prior: 1939 c 123
§ 3, part; 1937 c 158 § 4, part; RRS § 10417-3, part.]
81.24.050 Fees to approximate reasonable cost of
regulation. In fixing the percentage rates of gross operating
revenue to be paid by companies under RCW 81.24.010,
81.24.020, and 81.24.030, the commission shall consider all
moneys then in the public service revolving fund and the
fees currently to be paid into such fund, to the end that the
fees collected from the companies, or classes of companies,
covered by each respective section shall be approximately
the same as the reasonable cost of supervising and regulating
such companies, or classes of companies, respectively.
[1983 c 3 § 206; 1961 c 14 § 81.24.050. Prior: 1955 c 125
§ 8; prior: (i) 1939 c 123 § 1, part; 1937 c 158 § 1, part;
RRS § 10417, part. (ii) 1937 c 158 § 2, part; RRS § 104171, part. (iii) 1939 c 123 § 3, part; 1937 c 158 § 4, part;
RRS § 10417-3, part. (iv) 1939 c 123 § 2, part; 1937 c 158
§ 3, part; RRS § 10417-2, part. (v) 1949 c 124 § 1, part;
Rem. Supp. 1949 § 10417-2, part.]
(2002 Ed.)
Regulatory Fees
81.24.060 Intent of legislature—Regulatory cost
records to be kept by commission. It is the intent and
purpose of the legislature that the several groups of public
service companies shall each contribute sufficient in fees to
the commission to pay the reasonable cost of regulating the
several groups respectively. The commission shall keep
accurate records of the costs incurred in regulating and
supervising the several groups of companies subject to
regulation or supervision and such records shall be open to
inspection by all interested parties. The records and data
upon which the commission’s determination is made shall be
considered prima facie correct in any proceeding instituted
to challenge the reasonableness or correctness of any order
of the commission fixing fees and distributing regulatory
expenses. [1961 c 14 § 81.24.060. Prior: 1937 c 158 § 7;
RRS § 10417-5.]
81.24.070 Disposition of fees. All moneys collected
under the provisions of this chapter shall within thirty days
be paid to the state treasurer and by him deposited to the
public service revolving fund. [1961 c 14 § 81.24.070.
Prior: 1937 c 158 § 6; RRS § 10417-4.]
81.24.075 Delinquent fee payments. Any payment
of a fee imposed by this chapter made after its due date shall
include a late fee of two percent of the amount due.
Delinquent fees shall accrue interest at the rate of one
percent per month. [1994 c 83 § 2.]
81.24.080 Penalty for failure to pay fees—
Disposition of fees and penalties. Every person, firm,
company or corporation, or the officers, agents or employees
thereof, failing or neglecting to pay the fees herein required
shall be guilty of a misdemeanor. All fines and penalties
collected under the provisions of this chapter shall be
deposited into the public service revolving fund of the state
treasury: PROVIDED, That all fees, fines, forfeitures and
penalties collected or assessed by a district court because of
the violation of a state law shall be remitted as provided in
chapter 3.62 RCW as now exists or is later amended. [1987
c 202 § 242; 1979 ex.s. c 198 § 2; 1961 c 14 § 81.24.080.
Prior: 1923 c 107 § 2; 1921 c 113 § 3; RRS § 10419.]
Intent—1987 c 202: See note following RCW 2.04.190.
81.24.090 Pipeline safety fee—Reports—Procedure
to contest fees—Regulatory incentive program. (1)(a)
Every hazardous liquid pipeline company as defined in RCW
81.88.010 shall pay an annual pipeline safety fee to the
commission. The pipeline safety fees received by the
commission shall be deposited in the pipeline safety account
created in RCW 81.88.050.
(b) The aggregate amount of fees set shall be sufficient
to recover the reasonable costs of administering the pipeline
safety program, taking into account federal funds used to
offset the costs. The fees established under this section shall
be designed to generate revenue not exceeding appropriated
levels of funding for the current fiscal year. At a minimum,
the fees established under this section shall be sufficient to
adequately fund pipeline inspection personnel, the timely
review of pipeline safety and integrity plans, the timely
development of spill response plans, the timely development
(2002 Ed.)
81.24.060
of accurate maps of pipeline locations, participation in
federal pipeline safety efforts to the extent allowed by law,
and the staffing of the citizens committee on pipeline safety.
(c) Increases in the aggregate amount of fees over the
immediately preceding fiscal year are subject to the requirements of RCW 43.135.055.
(2) The commission shall by rule establish the methodology it will use to set the appropriate fee for each entity
subject to this section. The methodology shall provide for
an equitable distribution of program costs among all entities
subject to the fee. The fee methodology shall provide for:
(a) Direct assignment of average costs associated with
annual standard inspections, including the average number of
inspection days per year. In establishing these directly
assignable costs, the commission shall consider the requirements and guidelines of the federal government, state
safety standards, and good engineering practice[s]; and
(b) A uniform and equitable means of estimating and
allocating costs of other duties relating to inspecting pipelines for safety that are not directly assignable, including but
not limited to design review and construction inspections,
specialized inspections, incident investigations, geographic
mapping system design and maintenance, and administrative
support.
(3) The commission shall require reports from those
entities subject to this section in the form and at such time
as necessary to set the fees. After considering the reports
supplied by the entities, the commission shall set the amount
of the fee payable by each entity by general order entered
before July 1st of each year.
(4) For companies subject to RCW 81.24.010, the
commission shall collect the pipeline safety fee as part of the
fee specified in RCW 81.24.010. The commission shall
allocate the moneys collected under RCW 81.24.010 between
the pipeline safety program and for other regulatory purposes. The commission shall adopt rules that assure that fee
moneys related to the pipeline safety program are maintained
separately from other moneys collected by the commission
under this chapter.
(5) Any payment of the fee imposed by this section
made after its due date must include a late fee of two
percent of the amount due. Delinquent fees accrue interest
at the rate of one percent per month.
(6) The commission shall keep accurate records of the
costs incurred in administering its hazardous liquid pipeline
safety program, and the records are open to inspection by
interested parties. The records and data upon which the
commission’s determination is made shall be prima facie
correct in any proceeding to challenge the reasonableness or
correctness of any order of the commission fixing fees and
distributing regulatory expenses.
(7) If any entity seeks to contest the imposition of a fee
imposed under this section, that entity shall pay the fee and
request a refund within six months of the due date for the
payment by filing a petition for a refund with the commission. The commission shall establish by rule procedures for
handling refund petitions and may delegate the decisions on
refund petitions to the secretary of the commission.
(8) After establishing the fee methodology by rule as
required in subsection (2) of this section, the commission
shall create a regulatory incentive program for pipeline
safety programs in collaboration with the citizens committee
[Title 81 RCW—page 19]
81.24.090
Title 81 RCW: Transportation
on pipeline safety. The regulatory incentive program created
by the commission shall not shift costs among companies
paying pipeline safety fees and shall not decrease revenue to
pipeline safety programs. The regulatory incentive program
shall not be implemented until after the review conducted
according to RCW 81.88.150. [2001 c 238 § 3.]
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
Chapter 81.28
COMMON CARRIERS IN GENERAL
Sections
81.28.010
81.28.020
81.28.030
81.28.040
Duties as to rates, services, and facilities.
Duty of carriers and shippers to expedite traffic.
Routing of freight—Connecting companies—Damages.
Tariff schedules to be filed with commission—Public schedules—Commission’s powers as to schedules.
81.28.050 Tariff changes—Statutory notice—Exception.
81.28.060 Joint rates, contracts, etc.
81.28.080 Published rates to be charged—Exceptions.
81.28.180 Rate discrimination prohibited.
81.28.190 Unreasonable preferences prohibited.
81.28.200 Long and short haul.
81.28.210 Transportation at less than published rates—Rebating.
81.28.220 Action for treble damages.
81.28.230 Commission to fix just, reasonable, and compensatory rates.
81.28.240 Commission may order improved facilities and service.
81.28.250 Commission may complain of interstate rates.
81.28.260 Bicycles as baggage.
81.28.270 Limitation of action for collection of transportation charges.
81.28.280 Reports of wrecks, etc.
81.28.290 Investigation of accidents, wrecks.
Charges, prohibition against discrimination: State Constitution Art. 12 §
15.
Common carrier may bridge state waterway: RCW 79.91.110.
Constitutional limitations generally: State Constitution Art. 12.
Department of transportation as common carrier: RCW 47.60.220.
Free transportation to public officers prohibited: State Constitution Art. 2
§ 39.
Legislature may establish maximum rates for transportation: State
Constitution Art. 12 § 18.
Lien for transportation, storage, etc.: Chapter 60.60 RCW.
Monopolies and trusts prohibited: State Constitution Art. 12 § 22.
Municipal transportation systems: Title 35 RCW.
Regulation of common carriers: State Constitution Art. 12 § 13.
81.28.010 Duties as to rates, services, and facilities.
All charges made for any service rendered or to be rendered
in the transportation of persons or property, or in connection
therewith, by any common carrier, or by any two or more
common carriers, shall be just, fair, reasonable and sufficient.
Every common carrier shall construct, furnish, maintain
and provide, safe, adequate and sufficient service facilities,
trackage, sidings, railroad connections, industrial and
commercial spurs and equipment to enable it to promptly,
expeditiously, safely and properly receive, transport and
deliver all persons or property offered to or received by it
for transportation, and to promote the safety, health, comfort
and convenience of its patrons, employees and the public.
All rules and regulations issued by any common carrier
affecting or pertaining to the transportation of persons or
[Title 81 RCW—page 20]
property shall be just and reasonable. [1961 c 14 §
81.28.010. Prior: 1911 c 117 § 9; RRS § 10345.]
81.28.020 Duty of carriers and shippers to expedite
traffic. Every common carrier shall under reasonable rules
and regulations promptly and expeditiously receive, transport
and deliver all persons or property offered to or received by
it for transportation. All persons receiving cars for loading
shall promptly and expeditiously load the same, and all
persons receiving property shall promptly and expeditiously
receive and remove the same from the cars and freight
rooms. [1961 c 14 § 81.28.020. Prior: 1911 c 117 § 10;
RRS § 10346.]
81.28.030 Routing of freight—Connecting companies—Damages. All transportation companies doing
business wholly or in part within this state shall, upon
receipt of any article of freight, promptly forward the same
to its marked destination, by the route directed by the
shipper, or if no directions are given by shipper, then to any
connecting company whose line or route reaches nearest to
the point to which such freight is marked.
Any transportation company failing to comply with this
section shall be liable for any damages that may be sustained, either to the shipper or consignee, from any cause,
upon proof that said damages resulted on account of a failure
of the transportation company to comply with this section.
Suit for damages may be instituted either at the place of
shipping or destination, either by the shipper or consignee,
and before any court competent and qualified to hear and
determine like causes between individuals resident of the
district in which said court is holding. [1961 c 14 §
81.28.030. Prior: (i) 1890 p 291 § 1; RRS § 10491. (ii)
1890 p 291 § 2; RRS § 10492. (iii) 1890 p 291 § 3; RRS
§ 10493.]
81.28.040 Tariff schedules to be filed with commission—Public schedules—Commission’s powers as to
schedules. Every common carrier shall file with the
commission and shall print and keep open for public
inspection, schedules showing the rates, fares, charges, and
classification for the transportation of persons and property
within the state between each point upon the carrier’s route
and all other points thereon; and between each point upon its
route and all points upon every route leased, operated, or
controlled by it; and between each point on its route or upon
any route leased, operated, or controlled by it and all points
upon the route of any other common carrier, whenever a
through route and joint rate have been established or ordered
between any two such points. If no joint rate over a through
route has been established, the several carriers participating
in the through route shall file, print, and keep open for
public inspection, the separately established rates, fares,
charges, and classifications that apply to the through transportation. The schedules printed shall plainly state the
places between which property and persons will be carried,
shall also contain classification of passengers or property in
force, and shall also state separately all terminal charges,
storage charges, icing charges, and all other charges that the
commission may require to be stated, all privileges or
facilities granted or allowed, and any rules or regulations that
(2002 Ed.)
Common Carriers in General
may in any way change, affect, or determine any part, or the
aggregate of, such rates, fares, and charges, or the value of
the service rendered to the passenger, shipper, or consignee.
The schedule shall be plainly printed in large type, and a
copy of it shall be kept by every carrier readily accessible to
inspection by the public in every station or office of the
carrier where passengers or property are respectively
received for transportation, when the station or office is in
charge of any agent. All or any of the schedules kept as
provided in this section shall be immediately produced by
the carrier for inspection upon the demand of any person.
A notice printed in bold type and stating that the schedules
are on file with the agent and open to inspection by any
person and that the agent will assist any person to determine
from the schedules any transportation rates or fares or rules
or regulations that are in force shall be kept posted by the
carrier in two public and conspicuous places in every such
station or office. The form of each schedule shall be
prescribed by the commission.
The commission has power, from time to time, to
determine and prescribe by order such changes in the form
of the schedules as may be found expedient, and to modify
the requirements of this section in respect to publishing,
posting, and filing of schedules either in particular instances
or by general rule or order applicable to special or peculiar
circumstances or conditions.
The commission may, in its discretion, suspend the
operation of this section in whole or in part as applied to
vessels engaged in jobbing business not operating on regular
routes. This section does not apply to rail transportation
contracts regulated by *RCW 81.34.070 or to railroad
services or transactions exempted under *RCW 81.34.110.
[1984 c 143 § 4; 1961 c 14 § 81.28.040. Prior: 1911 c 117
§ 14; RRS § 10350.]
*Reviser’s note: RCW 81.34.070 and 81.34.110 were repealed by
1991 c 49 § 1.
81.28.050 Tariff changes—Statutory notice—
Exception. Unless the commission otherwise orders, no
change may be made in any classification, rate, fare, charge,
rule, or regulation filed and published by a common carrier
other than a rail carrier, except after thirty days’ notice to
the commission and to the public. In the case of a solid
waste collection company, no such change may be made
except after forty-five days’ notice to the commission and to
the public. The notice shall be published as provided in
RCW 81.28.040 and shall plainly state the changes proposed
to be made in the schedule then in force and the time when
the changed rate, classification, fare, or charge will go into
effect. All proposed changes shall be shown by printing,
filing, and publishing new schedules or shall be plainly
indicated upon the schedules in force at the time and kept
open to public inspection. In the case of a change proposed
by a rail carrier, except for changes to rail contracts between
a rail carrier and a shipper authorized under *RCW
81.34.070, which changes become effective in accordance
with that section, a proposal resulting in a rate increase or a
new rate shall not become effective for twenty days after the
notice is published, and a proposal resulting in a rate
decrease shall not become effective for ten days after the
notice is published. The commission, for good cause shown,
may by order allow changes in rates without requiring the
(2002 Ed.)
81.28.040
notice and the publication time periods specified in this
section. When any change is made in any rate, fare, charge,
classification, rule, or regulation, attention shall be directed
to the change by some character on the schedule. The
character and its placement shall be designated by the
commission. The commission may, by order, for good cause
shown, allow changes in any rate, fare, charge, classification,
rule, or regulation without requiring any character to indicate
each and every change to be made. [1993 c 300 § 2; 1984
c 143 § 5; 1981 c 116 § 1; 1961 c 14 § 81.28.050. Prior:
1957 c 205 § 3; 1911 c 117 § 15; RRS § 10351.]
*Reviser’s note: RCW 81.34.070 was repealed by 1991 c 49 § 1.
81.28.060 Joint rates, contracts, etc. The names of
the several carriers which are parties to any joint tariff shall
be specified therein, and each of the parties thereto, other
than the one filing the same, shall file with the commission
such evidence of concurrence therein or acceptance thereof
as may be required or approved by the commission; and
where such evidence of concurrence or acceptance is filed,
it shall not be necessary for the carriers filing the same also
to file copies of the tariffs in which they are named as
parties.
Every common carrier shall file with the commission
copies of every contract, agreement or arrangement with any
other common carrier or common carriers relating in any
way to the transportation of persons or property. [1961 c 14
§ 81.28.060. Prior: 1911 c 117 § 16; RRS § 10352.]
81.28.080 Published rates to be charged—
Exceptions. No common carrier shall charge, demand, collect or receive a greater or less or different compensation for
transportation of persons or property, or for any service in
connection therewith, than the rates, fares and charges
applicable to such transportation as specified in its schedules
filed and in effect at the time; nor shall any such carrier
refund or remit in any manner or by any device any portion
of the rates, fares, or charges so specified excepting upon
order of the commission as hereinafter provided, nor extend
to any shipper or person any privileges or facilities in the
transportation of passengers or property except such as are
regularly and uniformly extended to all persons and corporations under like circumstances. No common carrier shall,
directly or indirectly, issue or give any free ticket, free pass
or free or reduced transportation for passengers between
points within this state, except its employees and their
families, surgeons and physicians and their families, its
officers, agents and attorneys at law; to ministers of religion,
traveling secretaries of railroad Young Men’s Christian
Associations, inmates of hospitals, charitable and eleemosynary institutions and persons exclusively engaged in charitable and eleemosynary work; to indigent, destitute and
homeless persons and to such persons when transported by
charitable societies or hospitals, and the necessary agents
employed in such transportation; to inmates of the national
homes or state homes for disabled volunteer soldiers and of
soldiers’ and sailors’ homes, including those about to enter
and those returning home after discharge; to necessary caretakers of livestock, poultry, milk and fruit; to employees of
sleeping car companies, express companies, and to linemen
of telegraph and telephone companies; to railway mail
[Title 81 RCW—page 21]
81.28.080
Title 81 RCW: Transportation
service employees, post office inspectors, customs inspectors
and immigration inspectors; to newsboys on trains; baggage
agents, witnesses attending any legal investigation in which
the common carrier is interested; to persons injured in
accidents or wrecks and physicians and nurses attending such
persons; to the National Guard of Washington when on
official duty, and students going to and returning from state
institutions of learning: PROVIDED, That this provision
shall not be construed to prohibit the interchange of passes
for the officers, attorneys, agents and employees and their
families, of railroad companies, steamboat companies,
express companies and sleeping car companies with other
railroad companies, steamboat companies, express companies
and sleeping car companies, nor to prohibit any common
carrier from carrying passengers free with the object of
providing relief in cases of general epidemic, pestilence, or
other calamitous visitation: AND PROVIDED, FURTHER,
That this provision shall not be construed to prohibit the
exchange of passes or franks for the officers, attorneys,
agents, employees, and their families of such telegraph,
telephone and cable lines, and the officers, attorneys, agents,
employees, and their families of other telegraph, telephone
or cable lines, or with railroad companies, express companies
or sleeping car companies: PROVIDED, FURTHER, That
the term "employee" as used in this section shall include
furloughed, pensioned, and superannuated employees,
persons who have become disabled or infirm in the service
of any such common carrier, and the remains of a person
killed or dying in the employment of a carrier, those entering
or leaving its service and ex-employees traveling for the
purpose of entering the service of any such common carrier;
and the term "families" as used in this section shall include
the families of those persons named in this proviso, also the
families of persons killed and the surviving spouses prior to
remarriage and minor children during minority, of persons
who died while in the service of any such common carrier:
AND PROVIDED, FURTHER, That nothing herein contained shall prevent the issuance of mileage, commutation
tickets or excursion passenger tickets: AND PROVIDED,
FURTHER, That nothing in this section shall be construed
to prevent the issuance of free or reduced transportation by
any street railroad company for mail carriers, or policemen
or members of fire departments, city officers, and employees
when engaged in the performance of their duties as such city
employees.
Common carriers subject to the provisions of this title
may carry, store or handle, free or at reduced rates, property
for the United States, state, county or municipal governments, or for charitable purposes, or to or from fairs and
exhibitions for exhibition thereat, and may carry, store or
handle, free or at reduced rates, the household goods and
personal effects of its employees and those entering or
leaving its service and those killed or dying while in its
service.
Nothing in this title shall be construed to prohibit the
making of a special contract providing for the mutual
exchange of service between any railroad company and any
telegraph or telephone company, where the line of such
telegraph or telephone company is situated upon or along the
railroad right of way and used by both of such companies.
[1973 1st ex.s. c 154 § 117; 1961 c 14 § 81.28.080. Prior:
1929 c 96 § 1; 1911 c 117 § 18; RRS § 10354. Formerly
[Title 81 RCW—page 22]
RCW 81.28.080 through 81.28.130, 81.28.150 through
81.28.170, and 80.36.130.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
81.28.180 Rate discrimination prohibited. A
common carrier shall not, directly or indirectly, by any
special rate, rebate, drawback, or other device or method,
charge, demand, collect, or receive from any person or
corporation a greater or lesser compensation for any service
rendered or to be rendered in the transportation of persons or
property, except as authorized in this title, than it charges,
demands, collects, or receives from any person or corporation for doing a like and contemporaneous service in the
transportation of a like kind of traffic under the same or
substantially similar circumstances and conditions. This
section does not apply to railroad companies, which shall be
regulated in this regard by *chapter 81.34 RCW and rules
adopted thereunder. [1984 c 143 § 6; 1961 c 14 §
81.28.180. Prior: 1911 c 117 § 20; RRS § 10356.]
*Reviser’s note: Chapter 81.34 RCW was repealed by 1991 c 49 §
1.
81.28.190 Unreasonable preferences prohibited. A
common carrier shall not make or give any undue or
unreasonable preference or advantage to any person or
corporation or to any locality or to any particular description
of traffic in any respect whatsoever, or subject any particular
person or corporation or locality or any particular description
of traffic, to any undue or unreasonable prejudice or disadvantage in any respect whatsoever. This section does not
apply to railroad companies, which shall be regulated in this
regard by *chapter 81.34 RCW and rules adopted thereunder.
[1984 c 143 § 7; 1961 c 14 § 81.28.190. Prior: 1911 c 117
§ 21; RRS § 10357.]
*Reviser’s note: Chapter 81.34 RCW was repealed by 1991 c 49 §
1.
81.28.200 Long and short haul. A common carrier
subject to the provisions of this title shall not charge or
receive any greater compensation in the aggregate for the
transportation of persons or of a like kind of property, for a
shorter than for a longer distance over the same line in the
same direction, the shorter being included within the longer
distance, or to charge any greater compensation as a through
rate than the aggregate of the intermediate rates, subject to
the provisions of this title. This shall not be construed as
authorizing any such common carrier to charge and receive
as great a compensation for a shorter as for a longer distance
or haul. Upon application of a common carrier the commission may by order authorize it to charge less for a longer
than for a shorter distance for the transportation of persons
or property in special cases after investigation by the
commission, but the order must specify and prescribe the
extent to which the common carrier making the application
is relieved from the operation of this section. Only to the
extent so specified and prescribed is any common carrier relieved from the operation and requirements of this section.
This section does not apply to railroad companies, which
shall be regulated in this regard by *chapter 81.34 RCW and
(2002 Ed.)
Common Carriers in General
rules adopted thereunder. [1984 c 143 § 8; 1961 c 14 §
81.28.200. Prior: 1911 c 117 § 22; RRS § 10358.]
*Reviser’s note: Chapter 81.34 RCW was repealed by 1991 c 49 §
1.
81.28.210 Transportation at less than published
rates—Rebating. No common carrier, or any officer or
agent thereof, or any person acting for or employed by it,
shall assist, suffer or permit any person or corporation to
obtain transportation for any person or property between
points within this state at less than the rates then established
and in force in accordance with the schedules filed and published in accordance with the provisions of this title, by
means of false billing, false classification, false weight or
weighing, or false report of weight, or by any other device
or means. No person, corporation, or any officer, agent or
employee of a corporation, who shall deliver property for
transportation within the state to a common carrier, shall
seek to obtain or obtain such transportation for such property
at less than the rates then established and in force therefor,
as aforesaid, by false billing, false or incorrect classification,
false weight or weighing, false representation of the contents
or substance of a package, or false report or statement of
weight, or by any device or means, whether with or without
the consent or connivance of a common carrier or any of its
officers, agents or employees.
No person, corporation, or any officer, agent or employee, of a corporation, shall knowingly or wilfully, directly or
indirectly, by false statement or representation as to the cost,
value, nature or extent of injury, or by the use of any false
billing, bill of lading, receipt, voucher, roll, account, claim,
certificate, affidavit or deposition, knowing the same to be
false, fictitious or fraudulent, or to upon any false, fictitious
or fraudulent statement or entry, obtain or attempt to obtain
any allowance, rebate or payment for damage, or otherwise,
in connection with or growing out of the transportation of
persons or property, or agreement to transport such persons
or property, whether with or without the consent or connivance of such common carrier or any of its officers, agents or
employees, whereby the compensation of such carrier for
such transportation shall be in fact made less than the rates
then established and in force therefor.
No person, corporation, or any officer, agent or employee of a corporation, who shall deliver property for transportation within the state to a common carrier, shall seek to
obtain or obtain such transportation by any false representation, false statement of false paper or token as to the
contents or substance thereof, where the transportation of
such property is prohibited by law. [1961 c 14 § 81.28.210.
Prior: 1911 c 117 § 23; RRS § 10359.]
81.28.220 Action for treble damages. The attorney
general of the state of Washington is authorized and directed,
whenever he has reasonable grounds to believe that any
person, firm or corporation has knowingly accepted or
received from any carriers of persons or property subject to
the jurisdiction of the commission, either directly or indirectly, any unlawful rebate, discount, deduction, concession,
refund or remittance from the rates or charges filed and open
to public inspection as provided for in the public service
laws of this state, to prosecute a civil action in the name of
(2002 Ed.)
81.28.200
the people of the state of Washington in the superior court
of Thurston county to collect three times the total sum of
such rebates, discounts, deductions, concessions, refunds or
remittances so accepted or received within three years prior
to the commencement of such action.
All penalties imposed under the provisions of this
section shall be paid to the state treasurer and by him
deposited in the public service revolving fund. [1961 c 14
§ 81.28.220. Prior: 1937 c 169 § 5; RRS § 10447-1.]
81.28.230 Commission to fix just, reasonable, and
compensatory rates. Whenever the commission finds, after
a hearing had upon its own motion or upon complaint, as
provided in this chapter, that the rates, fares, or charges
demanded, exacted, charged, or collected by any common
carrier for the transportation of persons or property within
the state or in connection therewith, or that the regulations
or practices of the common carrier affecting those rates are
unjust, unreasonable, unjustly discriminatory, or unduly
preferential, or in any way are in violation of the provisions
of law, or that the rates, fares, or charges are insufficient to
yield a reasonable compensation for the service rendered, the
commission shall determine and fix by order the just,
reasonable, or sufficient rates, fares, or charges, or the
regulations or practices to be thereafter observed and
enforced. This section does not apply to railroad companies,
which shall be regulated in this regard by *chapter 81.34
RCW and rules adopted thereunder. [1984 c 143 § 9; 1961
c 14 § 81.28.230. Prior: 1911 c 117 § 53, part; RRS §
10389, part.]
*Reviser’s note: Chapter 81.34 RCW was repealed by 1991 c 49 §
1.
81.28.240 Commission may order improved facilities and service. Whenever the commission shall find, after
such hearing, that the rules, regulations, practices, equipment, appliances, facilities or service of any such common
carrier in respect to the transportation of persons or property
are unjust, unreasonable, unsafe, improper, inadequate or
insufficient, the commission shall determine the just,
reasonable, safe, adequate, sufficient and proper rules,
regulations, practices, equipment, appliances, facilities or
service to be observed, furnished, constructed or enforced
and be used in the transportation of persons and property by
such common carrier, and fix the same by its order or rule.
[1961 c 14 § 81.28.240. Prior: 1911 c 117 § 53, part; RRS
§ 10389, part.]
81.28.250 Commission may complain of interstate
rates. The commission shall have power, and it is hereby
made its duty, to investigate all interstate, rates, fares,
charges, classifications or rules or practices in relation
thereto, for or in relation to the transportation of persons or
property where any act in relation thereto shall take place
within this state, and when the same are, in the opinion of
the commission, excessive or discriminatory, or are levied or
laid in violation of the act of congress entitled "An act to
regulate commerce," approved February 4, 1887, and the acts
amendatory thereof and supplementary thereto, or in conflict
with the rulings, orders or regulations of the interstate
commerce commission, the commission shall apply, by peti[Title 81 RCW—page 23]
81.28.250
Title 81 RCW: Transportation
tion, to the interstate commerce commission for relief, and
may present to the interstate commerce commission all facts
coming to its knowledge as to violations of the rulings,
orders or regulations of that commission, or as to violations
of the said act to regulate commerce or acts amendatory
thereof or supplementary thereto. [1961 c 14 § 81.28.250.
Prior: 1911 c 117 § 58; RRS § 10394.]
81.28.290. Prior: 1953 c 104 § 4; prior: 1911 c 117 § 63,
part; RRS § 10399, part.]
81.28.260 Bicycles as baggage. Bicycles are hereby
declared to be and are deemed baggage, and shall be
transported as baggage for passengers by railroad corporations and steamboats, and subject to the same liabilities as
other baggage; and no such passenger shall be required to
crate, cover, or otherwise protect any such bicycle: PROVIDED, That a railroad corporation or steamboat shall not
be required to transport under the provisions of this section
more than one bicycle for one person. [1961 c 14 §
81.28.260. Prior: 1899 c 15 § 1; RRS § 10495.]
Sections
81.29.010
81.29.020
81.28.270 Limitation of action for collection of
transportation charges. All actions at law by railroads,
common and contract carriers by motor truck and all other
public carriers for recovery of their charges, or any part of
them, for any common carrier service performed by said
carriers, shall be begun within two years from the time the
cause of action accrues, and not after. [1961 c 14 §
81.28.270. Prior: 1945 c 117 § 1; Rem. Supp. 1945 § 1671.]
81.28.280 Reports of wrecks, etc. Every public
service company shall give immediate notice to the commission of every accident resulting in death or injury to any
person occurring on its lines or system, in such manner as
the commission may prescribe.
Such notice shall not be admitted as evidence or used
for any purpose against the company giving it in any action
for damages growing out of any matter mentioned in the
notice. The commission may require reports to be made by
any common carrier of all wrecks, collisions, or derailments
occurring on its line. [1961 c 14 § 81.28.280. Prior: 1953
c 104 § 3; prior: 1911 c 117 § 63, part; RRS § 10399, part.]
81.28.290 Investigation of accidents, wrecks. The
commission shall investigate all accidents that may occur
upon the lines of any common carrier resulting in loss of
life, to any passenger or employee, and may investigate any
and all accidents or wrecks occurring on the line of any
common carrier. Notice of the investigation shall be given
in all cases for a sufficient length of time to enable the
company affected to participate in the hearing and may be
given orally or in writing, in such manner as the commission
may prescribe.
Such witnesses may be examined as the commission
deems necessary and proper to thoroughly ascertain the
cause of the accident or wreck and fix the responsibility
therefor. The examination and investigation may be conducted by an inspector or deputy inspector, and they may
administer oaths, issue subpoenas, and compel the attendance
of witnesses, and when the examination is conducted by an
inspector or deputy inspector, he shall make a full and
complete report thereof to the commission. [1961 c 14 §
[Title 81 RCW—page 24]
Chapter 81.29
COMMON CARRIERS—
LIMITATIONS ON LIABILITY
81.29.030
81.29.040
81.29.050
Definition.
Carrier’s liability for loss—Limitation—Exceptions—Tariff
schedule—Time for filing claims or instituting suits.
Carrier’s right of action against other carrier.
Penalty for violations.
Liability for baggage.
81.29.010 Definition. The term "common carrier" as
used in this chapter shall include every individual, firm,
copartnership, association or corporation, or their lessees,
trustees or receivers, engaged in the transportation of
property for the public for hire, whether by rail, water, motor
vehicle, air or otherwise. [1961 c 14 § 81.29.010. Prior:
1945 c 203 § 1; Rem. Supp. 1945 § 3673-0. Formerly RCW
81.32.010, part.]
81.29.020 Carrier’s liability for loss—Limitation—
Exceptions—Tariff schedule—Time for filing claims or
instituting suits. Any common carrier receiving property
for transportation wholly within the state of Washington
from one point in the state of Washington to another point
in the state of Washington, shall issue a receipt or bill of
lading therefor, and shall be liable to the lawful holder
thereof for any loss, damage, or injury to such property
caused by it, or by any common carrier to which such
property may be delivered, or over whose line or lines such
property may pass when transported on a through bill of
lading, and no contract, receipt, rule, regulation, or other
limitation of any character whatsoever, shall exempt such
common carrier from the liability imposed; and any such
common carrier so receiving property for transportation
wholly within the state of Washington, or any common
carrier delivering said property so received and transported,
shall be liable to the lawful holder of said receipt or bill of
lading, or to any party entitled to recover thereon, whether
such receipt or bill of lading has been issued or not, for the
full actual loss, damage, or injury to such property caused by
it or by any such common carrier to which such property
may be delivered, or over whose line or lines such property
may pass, when transported on a through bill of lading,
notwithstanding any limitation of liability or limitation of the
amount of recovery, or representation or agreement as to
value in any such receipt or bill of lading, or in any contract,
rule, or regulation, or in any tariff filed with the commission;
and any such limitation, without respect to the manner or
form in which it is sought to be made, is hereby declared to
be unlawful and void: PROVIDED, HOWEVER, That the
provisions hereof respecting liability for full actual loss,
damage, or injury, notwithstanding any limitation of liability
or recovery or representation or agreement or release as to
value, and declaring any such limitation to be unlawful and
void, shall not apply: First, to baggage carried on passenger
trains, boats, motor vehicles, or aircraft, or trains, boats,
(2002 Ed.)
Common Carriers—Limitations on Liability
motor vehicles, or aircraft carrying passengers; second, to
property, except ordinary livestock received for transportation concerning which the carrier shall have been or shall be
expressly authorized or required by order of the commission,
to establish and maintain rates dependent upon the value
declared in writing by the shipper or agreed upon in writing
as the released value of the property, in which case such
declaration or agreement shall have no other effect than to
limit liability and recovery to an amount not exceeding the
value so declared or released; and any tariff schedule which
may be filed with the commission pursuant to such order
shall contain specific reference thereto and may establish
rates varying with the value so declared and agreed upon;
and the commission is hereby empowered to make such
order in cases where rates dependent upon and varying with
declared or agreed values would, in its opinion, be just and
reasonable under the circumstances and conditions surrounding the transportation. The term "ordinary livestock" shall
include all cattle, swine, sheep, goats, horses, and mules,
except such as are chiefly valuable for breeding, racing,
show purposes, or other special uses: PROVIDED, FURTHER, That nothing in this section shall deprive any holder
of such receipt or bill of lading of any remedy or right of
action which he has under the existing law: PROVIDED,
FURTHER, That it shall be unlawful for any such receiving
or delivering common carrier to provide by rule, contract,
regulation, or otherwise a shorter period for the filing of
claims than nine months, and for the institution of suits than
two years, such period for institution of suits to be computed
from the day when notice in writing is given by the carrier
to the claimant that the carrier has disallowed the claim or
any part or parts thereof specified in the notice: AND PROVIDED, FURTHER, That for the purposes of this section
and of RCW 81.29.030 the delivering carrier in the case of
rail transportation shall be construed to be the carrier
performing the linehaul service nearest to the point of
destination, and not a carrier performing merely a switching
service at the point of destination: AND PROVIDED
FURTHER, That the liability imposed by this section shall
also apply in the case of property reconsigned or diverted in
accordance with the applicable tariffs filed with the commission. [1982 c 83 § 1; 1980 c 132 § 1; 1961 c 14 §
81.29.020. Prior: 1945 c 203 § 2; 1923 c 149 § 1; Rem.
Supp. 1945 § 3673-1. Formerly RCW 81.32.290 through
81.32.330.]
Effective date—1980 c 132: "This 1980 act shall take effect on July
1, 1980." [1980 c 132 § 4.]
81.29.030 Carrier’s right of action against other
carrier. The common carrier issuing such receipt or bill of
lading, or delivering such property so received and
transported, shall be entitled to recover from the common
carrier on whose line the loss, damage, or injury shall have
been sustained, the amount of such loss, damage, or injury
as it may be required to pay to the owners of such property,
as may be evidenced by any receipt, judgment or transcript
thereof. [1961 c 14 § 81.29.030. Prior: 1945 c 203 § 3;
1923 c 149 § 2; Rem. Supp. 1945 § 3673-2. Formerly RCW
81.32.340.]
(2002 Ed.)
81.29.020
81.29.040 Penalty for violations. Any common
carrier subject to the provisions of this chapter, or whenever
such common carrier is a corporation, any director or officer
thereof, or any receiver, trustee, lessee, agent, or person
acting for or employed by such corporation, who, alone, or
with any other corporation, company, person, or party, shall
wilfully do or cause to be done, or shall willingly suffer or
permit to be done, any act, matter, or thing in this chapter
prohibited or declared to be unlawful, or who shall aid or
abet therein, or shall wilfully omit or fail to do any act,
matter or thing in this chapter required to be done, or shall
cause or willingly suffer or permit any act, matter or thing
so directed or required by this chapter to be done, or not to
be so done, or shall aid or abet any such omission or failure,
or shall be guilty of any infraction of this chapter for which
no penalty is otherwise provided, or who shall aid or abet
therein, shall be deemed guilty of a misdemeanor, and shall
upon conviction thereof in any court of competent jurisdiction, be subject to a fine of not to exceed five thousand
dollars for each offense. [1961 c 14 § 81.29.040. Prior:
1923 c 149 § 3; RRS § 3673-3. Formerly RCW 81.32.350.]
81.29.050 Liability for baggage. The liability of any
common carrier subject to regulation by the commission for
the loss of or damage to any baggage shall be set by the
commission. The commission will review the amounts
periodically and adjust the rate accordingly. [1991 c 21 § 1;
1961 c 14 § 81.29.050. Prior: 1945 c 209 § 1; Rem. Supp.
1945 § 10495-1. Formerly RCW 81.32.360.]
Chapter 81.36
RAILROADS—CORPORATE POWERS
AND DUTIES
Sections
81.36.010 Right of eminent domain.
81.36.020 Right of entry.
81.36.030 Intersections and connections with other roads or canals.
81.36.040 Line or canal across or along watercourses.
81.36.050 Change of grade or location of road or canal.
81.36.060 Extensions, branch lines.
81.36.070 Purchase, lease, sale, merger of railroads.
81.36.075 Proceedings prior to March 18, 1909, validated.
81.36.090 Requisites to building extension or branch line.
81.36.100 Bridges over navigable streams.
81.36.120 May own securities of irrigation companies.
81.36.130 May construct and operate ditches and canals.
Assessment of private car companies for property tax purposes: Chapter
84.16 RCW.
Consolidation of competing railroads prohibited: State Constitution Art. 12
§ 16.
Constitutional limitations, generally: State Constitution Art. 12.
Express companies: State Constitution Art. 12 § 21.
Rights of way over public lands, bridges, etc.: Chapter 79.01 RCW.
Taxation of rolling stock: State Constitution Art. 12 § 17.
81.36.010 Right of eminent domain. Every corporation organized for the construction of any railway, macadamized road, plank road, clay road, canal or bridge, is hereby
authorized and empowered to appropriate, by condemnation,
land and any interest in land or contract right relating
thereto, including any leasehold interest therein and any
rights-of-way for tunnels beneath the surface of the land, and
[Title 81 RCW—page 25]
81.36.010
Title 81 RCW: Transportation
any elevated rights-of-way above the surface thereof,
including lands granted to the state for university, school or
other purposes, and also tide and shore lands belonging to
the state (but not including harbor areas), which may be
necessary for the line of such road, railway or canal, or site
of such bridge, not exceeding two hundred feet in width,
besides a sufficient quantity thereof for toll houses, workshops, materials for construction, excavations and embankments and a right-of-way over adjacent lands or property, to
enable such corporation to construct and prepare its road,
railway, canal or bridge, and to make proper drains; and in
case of a canal, whenever the court shall deem it necessary,
to appropriate a sufficient quantity of land, including lands
granted to the state for university, school or other purposes,
in addition to that before specified in this section, for the
construction and excavation of such canal and of the slopes
and bermes thereof, not exceeding one thousand feet in total
width; and in case of a railway to appropriate a sufficient
quantity of any such land, including lands granted to the
state for university, schools and other purposes and also tide
and shore lands belonging to the state (but not including
harbor areas) in addition to that before specified in this
section, for the necessary side tracks, depots and water
stations, and the right to conduct water thereto by aqueduct,
and for yards, terminal, transfer and switching grounds,
docks and warehouses required for receiving, delivering,
storage and handling of freight, and such land, or any
interest therein, as may be necessary for the security and
safety of the public in the construction, maintenance and
operation of its railways; compensation therefor to be made
to the owner thereof irrespective of any benefit from any
improvement proposed by such corporation, in the manner
provided by law: AND PROVIDED FURTHER, That if
such corporation locate the bed of such railway or canal
upon any part of the track now occupied by any established
state or county road, said corporation shall be responsible to
the state or county in which such state or county road so
appropriated is located, for all expenses incurred by the state
or county in relocating and opening the part of such road so
appropriated. The term land as herein used includes tide and
shore lands but not harbor areas; it also includes any interest
in land or contract right relating thereto, including any
leasehold interest therein. [1961 c 14 § 81.36.010. Prior:
1907 c 244 § 1; 1903 c 180 § 1; 1895 c 80 § 2; 1888 p 63
§ 2; Code 1881 § 2456; 1869 p 343 § 2; RRS § 10539.]
81.36.020 Right of entry. A corporation organized
for the construction of any railway, macadamized road, plank
road, clay road, canal or bridge, shall have a right to enter
upon any land, real estate or premises, or any of the lands
granted to the state of Washington for school, university or
other purposes, between the termini thereof, for the purpose
of examining, locating and surveying the line of such road
or canal, or the site of such bridge, doing no unnecessary
damage thereby. [1961 c 14 § 81.36.020. Prior: 1895 c 80
§ 1; 1888 p 63 § 1; Code 1881 § 2455; 1869 p 34 § 1; RRS
§ 10538.]
81.36.030 Intersections and connections with other
roads or canals. Every corporation formed under the laws
of this state for the construction of a railroad shall have the
[Title 81 RCW—page 26]
power to cross, intersect, join and unite its railway with any
other railway before constructed, at any point in its route,
and upon the grounds of such other railway company, with
the necessary turn-outs, sidings, switches and other conveniences in furtherance of the objects of its connections, and
every corporation whose railway is or shall be hereafter
intersected by any new railway shall unite with the corporation owning such new railway in forming such intersections
and connections and grant the facilities aforesaid; and if the
two corporations cannot agree upon the amount of compensation to be made therefor, or the points and manner of such
crossings and connections, the same shall be ascertained and
determined in the manner provided by law for the taking of
lands and other property which shall be necessary for the
construction of its road, and every corporation formed under
the laws of this state for the construction of a canal shall
have the power to cross and intersect any railway before
constructed at any point in its road and upon the grounds of
such other railway company, and every corporation whose
railway is or shall hereafter be crossed or intersected by any
canal shall unite with the corporation owning such canal in
forming such crossings and intersections and grant the
facilities therefor; and if the two corporations cannot agree
upon the compensation to be made therefor, or the points
and manner of such crossings and connections, the same
shall be ascertained and determined in the manner provided
by law for the taking of lands and other property which shall
be necessary for the construction of said canal. [1961 c 14
§ 81.36.030. Prior: 1895 c 80 § 3; 1888 p 64 § 3; Code
1881 § 2456 1/2; RRS § 10535.]
81.36.040 Line or canal across or along watercourses. Every corporation formed under the laws of this state for
the construction of railroads or canals shall possess the
power to construct its railway or canal, as the case may be,
across, along or upon any river, stream of water, watercourses, plank road, turnpike or canal, which the route of
such railway or canal shall intersect or touch; but such
corporation shall restore the river, stream, watercourse, plank
road or turnpike thus intersected or touched to its former
state as near as may be, and pay any damages caused by
such construction: PROVIDED, That the construction of any
railway or canal by such corporation along, across or upon
any of the navigable rivers or waters of this state shall be in
such manner as to not interfere with, impede or obstruct the
navigation thereof; and all rights, privileges and powers of
every description by law conferred upon road or railroad
companies are hereby given and granted to canal companies
so far as the same may be applicable, and all power and authority possessed by the public or municipal corporations of
the state or their local authorities, with reference to road or
railroad companies, may be exercised by them with reference
to canal companies. [1961 c 14 § 81.36.040. Prior: 1895
c 80 § 4; 1888 p 64 § 3; RRS § 10536.]
81.36.050 Change of grade or location of road or
canal. Any corporation may change the grade or location of
its road, or canal, not departing from the general route
specified in the articles of incorporation, for the purpose of
avoiding annoyances to public travel or dangerous or
deficient curves or grades, or unsafe or unsubstantial grounds
(2002 Ed.)
Railroads—Corporate Powers and Duties
or foundation, or for other like reasonable causes, and for the
accomplishment of such change, shall have the same right to
enter upon, examine, survey and appropriate the necessary
lands and materials, as in the original location and construction of such road or canal. [1961 c 14 § 81.36.050. Prior:
Code 1881 § 2457; 1869 p 343 § 3; RRS § 10537.]
81.36.060 Extensions, branch lines. Any railroad
corporation chartered by, or organized under, the laws of the
state, or of any state or territory, or under the laws of the
United States, and authorized to do business in this state,
may extend its railroads from any point named in its charter
or articles of incorporation, or may build branch roads either
from any point on its line of road or from any point on the
line of any other railroad connecting, or to be connected,
with its road, the use of which other road between such
points and the connection with its own road such corporation
shall have secured by lease or agreement for a term of not
less than ten years from its date. Before making any such
extension or building any such branch road, such corporation
shall, by resolution of its directors or trustees, to be entered
in the record of its proceedings, designate the route of such
proposed extension or branch by indicating the place from
and to which said railroad is to be constructed, and the
estimated length of such railroad, and the name of each
county in this state through or into which it is constructed or
intended to be constructed, and file a copy of such record,
certified by the president and secretary, in the office of the
secretary of state, who shall endorse thereon the date of the
filing thereof and record the same. Thereupon such corporation shall have all the rights and privileges to make such
extension or build such branch and receive aid thereto which
it would have had if it had been authorized in its charter or
articles of incorporation. [1961 c 14 § 81.36.060. Prior:
1890 p 526 § 1; RRS § 10460.]
81.36.070 Purchase, lease, sale, merger of railroads.
Any railroad company now or hereafter incorporated
pursuant to the laws of this state or of the United States, or
of any state or territory of the United States, may at any
time by means of subscription to the capital stock of any
other railroad company, or by the purchase of its stock or
bonds, or by guaranteeing its bonds, or otherwise, aid such
company in the construction of its railroad within or without
this state; and any such company owning or operating a railroad within or without this state, may extend the same into
this or any other state or territory, and may build, buy, or
lease the whole or any part of any other railroad, together
with the franchises, powers and immunities and all other
property and appurtenances appertaining thereto, whether
located within or without this state; or may consolidate with
any railroad or railroads in such other state or territory, or
with any other railroad in this state, and may operate the
same, and may own such real estate and other property in
such other state or territory as may be necessary or convenient in the operation of such road; and any such railroad
company may sell or lease the whole or any part of its
railroad and branches, within or without this state, constructed or to be constructed, together with all property, rights,
privileges, and franchises appertaining thereto, to any
railroad company organized or existing pursuant to the laws
(2002 Ed.)
81.36.050
of the United States or of this state, or of any other state or
territory of the United States; and any railroad company
incorporated or existing under the laws of the United States,
or of any state or territory of the United States, may extend,
construct, maintain and operate its railroad, or any portion or
branch thereof, into and through this state, and may build
branches from any point on such extension to any place or
places within this state, and the railroad company of any
other state or territory of the United States which shall so
purchase or lease a railroad, or any part thereof in this state,
or consolidate with any such railroad in this state, or shall
extend or construct its road, or any portion or branch thereof
in this state, shall possess and may exercise and enjoy as to
the location, control, management and operation of the said
road, and as to the location, construction and operation of
any extension or branch thereof, all the rights, powers,
privileges and franchises possessed by railroad corporations
organized under the laws of this state, including the exercise
of the power of eminent domain. Such purchase, sale,
consolidation or lease may be made, or such aid furnished
upon such terms or conditions as may be agreed upon by the
directors and trustees of the respective companies; but,
except in the case of sale or lease of branch line railroads,
the same shall be approved or ratified by persons holding or
representing seventy-five percent of the capital stock of the
company so selling or disposing of its stock or bonds, or
selling, leasing, or otherwise disposing of its railroad
property and appurtenances pertaining thereto, at any annual
stockholders’ meeting or at a special meeting of the stockholders called for that purpose, or by the approval in writing
of seventy-five percent of the stockholders of such company.
Articles stating the name selected for such consolidated
corporation and the terms of such consolidation shall be
approved by each corporation by the vote of the stockholders
holding seventy-five percent of the stock, in person or by
proxy, at a regular meeting thereof or a special meeting
called for that purpose in the manner provided by the bylaws
of the respective consolidating corporations, or by the
consent in writing of such seventy-five percent of such
stockholders annexed to such articles; and a copy thereof,
with a copy of the records of such approval or consent, duly
certified by the respective presidents and secretaries, with the
corporate seals of such corporations affixed thereto, shall be
filed for record in the office of the secretary of state, and a
copy thereof be furnished to the commission; and thereupon
such consolidating corporations shall be and become one
corporation, by the name so selected, which, within this
state, shall possess all the powers, franchises, and immunities, including the right of further consolidation with other
corporations, and be subject to all the liabilities and restrictions now or hereafter imposed by law: PROVIDED, That
no railroad corporation shall consolidate its stock, property,
or franchises with any other railroad corporation owning a
competing line, or purchase, either directly or indirectly, any
stock or interest in a railroad corporation owning or operating a competing line: AND, PROVIDED FURTHER, That
nothing in the foregoing provisions shall be held or construed as curtailing the right of this state, or of the counties
through which any such road or roads may be located to
levy and collect taxes upon the same, and upon the rolling
stock thereof, in conformity with the provisions of the laws
of this state upon that subject, and all roads or branches
[Title 81 RCW—page 27]
81.36.070
Title 81 RCW: Transportation
thereof in this state so consolidated with, purchased or
leased, or aided, or extended into this state, shall be subject
to taxation and to regulation and control of its operation by
the laws of this state in all respects the same as if constructed by corporations organized under the laws of this state;
and any corporation of another state or territory or of the
United States, being the purchaser or lessee of a railroad
within this state or extending its railroad or any portion
thereof into or through this state, shall establish and maintain
an office or offices in this state, at some point or points on
its line, at which legal process and notice may be served as
upon railroad corporations of this state: PROVIDED,
FURTHER, That before any railroad corporation organized
under the laws of any other state or territory, or of the
United States, shall be permitted to avail itself of the
benefits of this section and RCW 81.36.075 with respect to
any railroad constructed, or to be constructed within this
state, such corporation shall file with the secretary of state,
a true copy of its charter or articles of incorporation, and
otherwise comply with the laws of this state respecting
foreign corporations doing business within the state:
PROVIDED, That any such consolidation shall be approved
by the commission: PROVIDED, FURTHER, That in no
case shall the capital stock of the company formed by such
consolidation exceed the sum of the capital stock of the
companies so consolidated, at the par value thereof. Any
sale or lease of a branch line railroad made in substantial
compliance with the provisions of this section prior to April
8, 1926 is hereby legalized and made in all respects legal
and binding from the date of its execution. [1961 c 14 §
81.36.070. Prior: 1925 ex.s. c 188 § 1; 1915 c 136 § 1;
1909 c 196 § 1; 1890 p 526 § 2; RRS § 10463. Formerly
RCW 81.36.070 and 81.36.080.]
81.36.075 Proceedings prior to March 18, 1909,
validated. Any sale or purchase of, and any consolidation
by sale, or otherwise, or any lease, or agreement to sell,
consolidate with or lease, the whole or any part of any
railroad, or the branch lines of any company, whether
organized or located within or without this state, with the
franchises appertaining thereto, to, from or with any railroad
company organized under the laws of the United States or of
this state or any other state or territory, or any consolidation
between such companies, executed prior to March 18, 1909
by the proper officers of the respective companies, parties to
such sale, lease or consolidation or contract, is hereby legalized and made in all respects valid and binding from the date
of its execution: PROVIDED, That the provisions of this
section shall not apply when the railroads or transportation
corporations involved are competing lines. [1961 c 14 §
81.36.075. Prior: 1909 c 196 § 2; RRS § 10464.]
81.36.090 Requisites to building extension or
branch line. Any railroad corporation chartered by or
organized under the laws of the United States, or of any
state or territory, whose constructed railroad shall reach or
intersect the boundary line of this state at any point, may
extend its railroad into this state from any such point or
points to any place or places within the state, and may build
branches from any point on such extension. Before making
such extension or building any such branch road, such
[Title 81 RCW—page 28]
corporation shall, by resolution of its directors or trustees, to
be entered in the record of its proceedings, designate the
route of such proposed extension or branch by indicating the
place from and to which such extension or branch is to be
constructed, and the estimated length of such extension or
branch, and the name of each county in this state through or
into which it is constructed or intended to be constructed,
and file a copy of such record, certified by the president and
secretary, in the office of the secretary of state, who shall
endorse thereon the date of filing thereof, and record the
same. Thereupon such corporation shall have all the rights
and privileges to make such extension or build such branch
and receive such aid thereto as it would have had had it been
authorized so to do by articles of incorporation duly filed in
accordance with the laws of this state. [1961 c 14 §
81.36.090. Prior: 1890 p 527 § 3; RRS § 10466.]
81.36.100 Bridges over navigable streams. Any
railroad corporation heretofore duly incorporated and
organized under the laws of this state or of the territory of
Washington, or which may hereafter be duly incorporated
and organized under the laws of this state, or heretofore or
hereafter incorporated and organized under the laws of any
other state or territory of the United States, and authorized
to do business in this state and to construct and operate
railroads therein, shall have and hereby is given the right to
construct bridges across the navigable streams within this
state over which the projected line or lines of railway of said
railroad corporations will run: PROVIDED, That said
bridges are constructed in good faith for the purpose of
being made a part of the constructed line of said railroad:
AND PROVIDED, That they shall be constructed in the
course of the construction of said railroad or thereafter for
the more convenient operation thereof: AND PROVIDED
FURTHER, That such bridges shall be so constructed as not
to interfere with, impede or obstruct the navigation of such
streams. [1961 c 14 § 81.36.100. Prior: 1890 p 53 § 1;
RRS § 10468.]
Bridges and trestles across state waterways: RCW 79.91.110, 79.91.120.
Railroad bridges across navigable streams: RCW 79.91.090.
81.36.120 May own securities of irrigation companies. It shall be lawful for any corporation, whether such
corporation is organized under the laws of the territory or
state of Washington, the laws of any other state or territory,
or the laws of the United States owning, leasing or operating
any line or lines of railway within the state of Washington,
or which may own, lease or operate in the future any such
line or lines of railway within this state, to take, acquire,
own, negotiate, sell and guarantee bonds and stocks of companies or corporations which are or may hereafter be
organized for the purpose of irrigating and reclaiming lands
within this state. [1961 c 14 § 81.36.120. Prior: 1890 p
529 § 1; RRS § 10461.]
81.36.130 May construct and operate ditches and
canals. It shall be lawful for any such corporation to build,
own and operate irrigating ditches and canals in this state for
the purpose of irrigating and reclaiming arid lands contiguous to or tributary to such line or lines of railway. [1961 c
14 § 81.36.130. Prior: 1890 p 529 § 2; RRS § 10462.]
(2002 Ed.)
Railroads—Employee Requirements and Regulations
Chapter 81.40
RAILROADS—EMPLOYEE REQUIREMENTS
AND REGULATIONS
Sections
81.40.010
81.40.030
81.40.035
81.40.040
81.40.050
81.40.060
81.40.070
81.40.080
81.40.090
81.40.095
Full train crews—Passenger—Safety review.
Penalty—Exceptions from requirements—Enforcement.
Freight train crews.
Trainmen—Hours of service.
Enforcement.
Purchase of apparel by employees.
Penalty.
Employee shelters.
Penalty.
Rules and regulations—Railroad employees—Sanitation,
shelter.
81.40.100 Penalty for employing illiterate engineer—Penalty for illiterate person to act as engineer.
81.40.110 Flagman must read, write, and speak English.
81.40.120 Cost of records or medical examinations—Definitions.
81.40.130 Cost of records or medical examinations—Unlawful to require employee or applicant to pay.
81.40.140 Cost of records or medical examinations—Penalty.
Industrial insurance, employments covered: Chapter 51.12 RCW.
Intoxication of railway employees: RCW 9.91.020.
81.40.010 Full train crews—Passenger—Safety
review. No law or order of any regulatory agency of this
state shall prevent a common carrier by railroad from staffing its passenger trains in accordance with collective
bargaining agreements or any national or other applicable
settlement of train crew size. In the absence of a collective
bargaining agreement or any national or other applicable settlement of train crew size, any common carrier railroad
operating a passenger train with a crew of less than two
members shall be subject to a safety review by the Washington utilities and transportation commission, which, as to
staffing, may issue an order requiring as many as two crew
members. [1992 c 102 § 1; 1961 c 14 § 81.40.010. Prior:
1911 c 134 § 1; RRS § 10486.]
81.40.030 Penalty—Exceptions from requirements—
Enforcement. Each train or engine run in violation of RCW
81.40.010 shall constitute a separate offense: PROVIDED,
That nothing in RCW 81.40.010 and 81.40.030 shall be
construed as applying in the case of disability of one or
more of any train crew while out on the road between division terminals, wrecking trains, or to any line, or part of line,
where not more than two trains are run in each twenty-four
hours.
Any person, corporation, company, or officer of court
operating any railroad or railway, or part of any railroad or
railway in the state of Washington, and engaged as a
common carrier, in the transportation of freight or passengers, who shall violate any of the provisions of RCW
81.40.010 and 81.40.030 shall be guilty of a misdemeanor,
and upon conviction thereof shall be fined not less than one
hundred dollars nor more than five hundred dollars for each
offense.
It shall be the duty of the commission to enforce RCW
81.40.010 and 81.40.030. [1983 c 3 § 207; 1961 c 14 §
81.40.030. Prior: (i) 1911 c 134 § 3; RRS § 10488. (ii)
1911 c 134 § 4; RRS § 10489. (iii) 1911 c 134 § 5; RRS §
10490.]
(2002 Ed.)
Chapter 81.40
81.40.035 Freight train crews. No law or order of
any regulatory agency of this state shall prevent a common
carrier by railroad from manning its freight trains in accordance with collective bargaining agreements or any national
or other settlement of train crew size. The size of passenger
train crews shall not be affected by *this act. [1967 c 2 § 2
(Initiative Measure No. 233, approved November 8, 1966).]
*Reviser’s note: This act [chapter 2, Laws of 1967], consisting of
this section and the repeal of RCW 81.40.020, was Initiative Measure No.
233 adopted by the people November 8, 1966, and declared effective law
by proclamation signed by the governor December 8, 1966.
Repeal of conflicting acts: "All acts or parts of acts in conflict with
or in derogation of this act are hereby repealed insofar as the same are in
conflict with, or in derogation of, this act or any part thereof." [1967 c 2
§ 3 (Initiative Measure No. 233, approved November 8, 1966).]
81.40.040 Trainmen—Hours of service. It shall be
unlawful for any common carrier by railroad or any of its
officers or agents, to require or permit any employee
engaged in or connected with the movement of any train to
remain on duty more than twelve consecutive hours, except
when by casualty occurring after such employee has started
on his trip; or, except by accident or unavoidable delay of
trains scheduled to make connection with the train on which
such employee is serving, he is prevented from reaching his
terminal; or, to require or permit any such employee who
has been on duty twelve consecutive hours to go on duty
without having had at least ten hours off duty; or, to require
or permit any such employee who has been on duty twelve
hours in the aggregate in any twenty-four hour period to
continue on duty without having had at least eight hours off
duty within the twenty-four hour period. [1977 c 70 § 1;
1961 c 14 § 81.40.040. Prior: 1907 c 20 § 1; RRS § 7652.]
81.40.050 Enforcement. Any such common carrier,
or any of its officers or agents violating any of the provisions of RCW 81.40.040 is hereby declared to be guilty of
a misdemeanor, and upon conviction thereof shall be liable
to a penalty of not less than one hundred or more than one
thousand dollars for each and every such violation to be
recovered in a suit or suits to be brought by the attorney
general; and it shall be the duty of the attorney general to
bring such suits upon duly verified information being lodged
with him of such violation having occurred, in any superior
court; and it shall also be the duty of the commission to
fully investigate all cases of the violation of RCW 81.40.040,
and to lodge with the attorney general information of any
such violation as may come to its knowledge. [1961 c 14 §
81.40.050. Prior: 1907 c 20 § 2; RRS § 7653.]
81.40.060 Purchase of apparel by employees. It
shall be unlawful for any railroad or other transportation
company doing business in the state of Washington, or of
any officer, agent or servant of such railroad or other
transportation company, to require any conductor, engineer,
brakeman, fireman, purser, or other employee, as a condition
of his continued employment, or otherwise to require or
compel, or attempt to require or compel, any such employees
to purchase of any such railroad or other transportation
company or of any particular person, firm or corporation or
at any particular place or places, any uniform or other clothing or apparel, required by any such railroad or other
[Title 81 RCW—page 29]
81.40.060
Title 81 RCW: Transportation
transportation company to be used by any such employee in
the performance of his duties as such; and any such railroad
or transportation company or any officer, agent or servant
thereof, who shall order or require any conductor, engineer,
brakeman, fireman, purser, or other person in its employ, to
purchase any uniform or other clothing or apparel as
aforesaid, shall be deemed to have required such purchase as
a condition of such employee’s continued employment.
[1961 c 14 § 81.40.060. Prior: 1907 c 224 § 1; RRS §
10504.]
81.40.070 Penalty. Any railroad or other transportation company doing business in the state of Washington, or
any officer, agent or servant thereof, violating any of the
provisions of RCW 81.40.060 shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished
by a fine in any sum not less than one hundred dollars nor
more than five hundred dollars, or by imprisonment in the
county jail of the county where the misdemeanor is committed, not exceeding six months. [1961 c 14 § 81.40.070.
Prior: 1907 c 224 § 1; RRS § 10505.]
81.40.080 Employee shelters. It shall be unlawful for
any railroad company, corporation, association or other
person owning, controlling or operating any line of railroad
in the state of Washington, to build, construct, reconstruct,
or repair railroad car equipment or motive power in this state
without first erecting and maintaining at every point where
five employees or more are regularly employed on such
work, a shed over a sufficient portion of the tracks used for
such work, so as to provide that all men regularly employed
in such work shall be sheltered and protected from rain and
other inclement weather: PROVIDED, That the provisions
of this section shall not apply at points where it is necessary
to make light repairs only on equipment or motive power,
nor to equipment loaded with time or perishable freight, nor
to equipment when trains are being held for the movement
of equipment, nor to equipment on tracks where trains arrive
or depart or are assembled or made up for departure. The
term "light repairs," as herein used, shall not include repairs
usually made in roundhouse, shop or shed upon well
equipped railroads. [1961 c 14 § 81.40.080. Prior: 1941 c
238 § 1; Rem. Supp. 1941 § 7666-40.]
81.40.090 Penalty. Any railroad company or officer
or agent thereof, or any other person, who shall violate the
provisions of RCW 81.40.080, by failing or refusing to
comply with its provisions, shall be deemed guilty of a
misdemeanor, and each day’s failure or refusal to comply
with the provisions of RCW 81.40.080 shall be considered
a separate offense. [1961 c 14 § 81.40.090. Prior: 1941 c
238 § 2; Rem. Supp. 1941 § 7666-41.]
81.40.095 Rules and regulations—Railroad employees—Sanitation, shelter. The utilities and transportation
commission shall adopt and enforce rules and regulations
relating to sanitation and adequate shelter as it affects the
health of all railroad employees, including but not limited to
railroad trainmen, enginemen, yardmen, maintenance of way
employees, highway crossing watchmen, clerical, platform,
freight house and express employees. [1961 c 14 §
[Title 81 RCW—page 30]
81.40.095. Prior: 1957 c 71 § 1. Formerly RCW
81.04.162.]
81.40.100 Penalty for employing illiterate engineer—Penalty for illiterate person to act as engineer.
Every person who, as an officer of a corporation or otherwise, shall knowingly employ as an engineer or engine
driver, to run a locomotive or train on any railway, any
person who cannot read time tables and ordinary handwriting; and every person who, being unable to read time tables
and ordinary handwriting, shall act as an engineer or run a
locomotive or train on any railway, shall be guilty of a gross
misdemeanor. [1961 c 14 § 81.40.100. Prior: 1909 c 249
§ 274; RRS § 2526.]
81.40.110 Flagman must read, write, and speak
English. Any railroad operating within this state, shall not
employ or use as flagman any person or persons who cannot
read, write and speak the English language. [1961 c 14 §
81.40.110. Prior: 1907 c 138 § 1, part; 1899 c 35 § 1, part;
RRS § 10480, part.]
81.40.120 Cost of records or medical examinations—Definitions. As used in RCW 81.40.120 through
81.40.140:
(1) "Employer" means any common carrier by rail,
doing business in or operating within the state, and any
subsidiary thereof.
(2) "Employee" means every person who may be
permitted, required, or directed by any employer, in consideration of direct or indirect gain or profit, to engage in any
employment. [1961 c 14 § 81.40.120. Prior: 1955 c 228 §
1.]
81.40.130 Cost of records or medical examinations—Unlawful to require employee or applicant to pay.
It is unlawful for any employer to require any employee or
applicant for employment to pay the cost of a medical
examination or the cost of furnishing any records required by
the employer as a condition of employment. [1961 c 14 §
81.40.130. Prior: 1955 c 228 § 2.]
81.40.140 Cost of records or medical examinations—Penalty. Any employer who violates the provisions
of RCW 81.40.120 through 81.40.140 shall be guilty of a
misdemeanor and upon conviction shall be punished by a
fine of not more than one hundred dollars. Each violation
shall constitute a separate offense. [1961 c 14 § 81.40.140.
Prior: 1955 c 228 § 3.]
Chapter 81.44
COMMON CARRIERS—EQUIPMENT
Sections
81.44.010
81.44.020
81.44.031
Commission may order improved facilities.
Correction of unsafe or defective conditions—Failure to
have walkways and handrails as unsafe or defective
condition, when.
Safety appliances—Locomotives operated on class 1 railroads.
(2002 Ed.)
Common Carriers—Equipment
81.44.032
Penalties for violating RCW 81.44.031 or tampering with
locomotive speedometer lock or recording tape.
81.44.040 Safety appliances—Cars—Street cars.
81.44.050 Power of commission as to appliances.
81.44.060 Penalty.
81.44.065 Devolution of powers and duties relative to safety of railroads.
81.44.070 Duties of inspector of safety appliances.
81.44.085 First aid kits and drinking water—Penalty.
81.44.091 Cabooses—Size—Equipment—Application.
81.44.092 Cabooses—Minimum length—Construction—Insulation—
Cupola.
81.44.093 Cabooses—Trucks, riding qualities, wheels—Draft gears,
minimum travel, minimum capacity.
81.44.094 Cabooses—Electric lighting—Markers.
81.44.095 Cabooses—Glass, glazing materials of safety glass type.
81.44.096 Cabooses—Stanchions, grab handles, or bars, installation—
Edges and protrusions rounded—Seat backs, standard.
81.44.097 Cabooses—Drinking water facilities.
81.44.0971 Cabooses—Facilities for washing hands and face.
81.44.0972 Cabooses—Fire extinguisher—Type, location, and maintenance.
81.44.098 Cabooses—No violation when move in service if correction
made at first available point—Temporary exemption,
procedure, limitations.
81.44.0981 Cabooses—Register for report of failures—Regulations for
use of.
81.44.0982 Cabooses—Compliance, when—Standard for compliance.
81.44.099 Cabooses—Regulation and enforcement—Regulations for.
81.44.100 Penalty.
81.44.101 Track motor cars—Windshield and canopy required.
81.44.102 Track motor cars—Absence of windshield or canopy unlawful.
81.44.103 Track motor cars—Head and tail lights required.
81.44.104 Track motor cars—Absence of lights unlawful.
81.44.105 Track motor cars—Penalty for violation.
81.44.110 Equipment is part of cars—Tare weight.
81.44.120 Reimbursement of shipper for supplying equipment.
81.44.130 Safeguarding frogs, switches, and guard rails.
Excessive steam in boilers, penalty: RCW 70.54.080.
Safety and health, tunnels and underground construction: Chapter 49.24
RCW.
Steam boilers, pressure vessels, construction, inspection, etc.: Chapter
70.79 RCW.
Tampering with signals, lights, etc.: RCW 88.08.020.
81.44.010 Commission may order improved facilities. Whenever the commission shall, after a hearing had
upon its own motion or upon complaint, find that, additional
tracks, switches, terminals, terminal facilities, stations,
motive power or any other property, apparatus, equipment,
facilities or device for use by any common carrier in, or in
connection with the transportation of persons or property,
ought reasonably to be provided, or any repairs or improvements to, or changes in, any theretofore in use ought
reasonably to be made, or any additions or changes in
construction should reasonably be made thereto, in order to
promote the security or convenience of the public or employees, or in order to secure adequate service or facilities for
the transportation of passengers or property, the commission
may, after a hearing, either on its own motion or after
complaint, make and serve an order directing such repairs,
improvements, changes or additions to be made. [1961 c 14
§ 81.44.010. Prior: 1911 c 117 § 64; RRS § 10400.]
81.44.020 Correction of unsafe or defective conditions—Failure to have walkways and handrails as unsafe
or defective condition, when. If upon investigation the
commission shall find that the equipment or appliances in
(2002 Ed.)
Chapter 81.44
connection therewith, or the apparatus, tracks, bridges or
other structures of any common carrier are defective, and
that the operation thereof is dangerous to the employees of
such common carrier or to the public, it shall immediately
give notice to the superintendent or other officer of such
common carrier of the repairs or reconstruction necessary to
place the same in a safe condition, and may also prescribe
the rate of speed for trains or cars passing over such
dangerous or defective track, bridge or other structure until
the repairs or reconstruction required are made, and may also
prescribe the time within which the same shall be made. Or
if, in its opinion, it is needful or proper, it may forbid the
running of trains or cars over any defective track, bridge or
structure until the same be repaired and placed in a safe
condition. Failure of a railroad bridge or trestle to be
equipped with walkways and handrails may be identified as
an unsafe or defective condition under this section after
hearing had by the commission upon complaint or on its
own motion. The commission in making such determination
shall balance considerations of employee and public safety
with the potential for increased danger to the public resulting
from adding such walkways or handrails to railway bridges:
PROVIDED, That a railroad company and its employees
shall not be liable for injury to or death of any person
occurring on or about any railway bridge or trestle if such
person was not a railway employee but was a trespasser or
was otherwise not authorized to be in the location where
such injury or death occurred.
There shall be no appeal from or action to review any
order of the commission made under the provisions of this
section if the commission finds that immediate compliance
is necessary for the protection of employees or the public.
[1982 c 141 § 1; 1977 ex.s. c 46 § 1; 1961 c 14 §
81.44.020. Prior: 1911 c 117 § 65; RRS § 10401.]
81.44.031 Safety appliances—Locomotives operated
on class 1 railroads. Every locomotive operated on every
class 1 railroad within the state of Washington shall be
equipped with:
(1) Power driven wheel brakes and appliances for
operating the train brake system, so equipped that the
engineer on the locomotive drawing such train can control its
speed without requiring the brakeman to use hand brakes for
that purpose, in operating condition at all times;
(2) Couplers coupling automatically by impact, which
can be coupled or uncoupled without the necessity of men
going between the locomotive and the locomotive or car to
which the same is being coupled or from which it is being
uncoupled, and with suitable uncoupling levers;
(3) Proper sill steps and grab irons, and with proper
footboards if used in switching service;
(4) Electric headlights of approved design on each end
in operating condition at all times;
(5) Except in switching service, a speedometer calibrated in miles per hour, accurate within five miles per hour,
and operable at all times: PROVIDED, That if a speedometer is determined to be out of calibration or inoperable while
the locomotive in enroute, it will be deemed as being in
good working order until the locomotive reaches the next
terminal where repair facilities are available or where a
[Title 81 RCW—page 31]
81.44.031
Title 81 RCW: Transportation
locomotive with a working speedometer is available for
substitution;
(6) Windshields with fully operable windshield wipers
capable of removing rain and snow, and adequate operable
defrosters on each lead unit of the locomotive consist.
At least one unit of the leading engine-consist on every
railroad in this state shall be equipped as of January, 1977,
with one or more colored oscillating lights, visible on all
sides of the locomotive for a distance of at least two hundred
yards. Said light or lights shall be operated whenever the
locomotive is in motion or is stopped on a grade crossing,
and may be of any color allowed by law, other than the
color of the locomotive’s headlight. [1977 ex.s. c 263 § 1.]
81.44.032 Penalties for violating RCW 81.44.031 or
tampering with locomotive speedometer lock or recording
tape. Any railroad or railway in this state violating any of
the provisions of RCW 81.44.031, shall be fined not less
than five hundred dollars nor more than one thousand dollars
for each violation; each day such condition exists shall
constitute a separate violation. In setting the fine for
equipment failure, the location of the locomotive at the time
of the violation and access to repair facilities shall be taken
into consideration. It shall also be a violation of RCW
81.44.031 and this section subject to the same penalty as
provided in this section for any railroad employee, except
those charged with the duty of installation, maintenance and
repair or removal of speedometers to tamper with, adjust or
break the lock or alter or remove the speed recording tape
therein. [1977 ex.s. c 263 § 2.]
81.44.040 Safety appliances—Cars—Street cars.
Each car shall be equipped with couplers coupling automatically, which can be coupled or uncoupled without the
necessity of men going between the ends of the cars, with
power brakes, with proper hand brakes, sill steps and grab
irons, and, where secure ladders and running boards are required, with such ladders and running boards, and all cars
having ladders shall also be equipped with secure hand holds
or grab irons on their roofs at the tops of such ladders, and
with such other appliances necessary for the safe operation
of such cars, and the trains containing such cars, as may be
prescribed by the commission: PROVIDED, That in the
loading and hauling of long commodities requiring more
than one car, hand brakes may be omitted from all save one
of the cars, while they are thus combined for such purpose:
AND PROVIDED FURTHER, That in the operation of
trains not less than eighty-five percent of the cars in such
train, which are associated together, shall have their power
brakes used and operated by the engineer of the locomotive
drawing such train.
Every street car shall be equipped with proper and
efficient brakes, steps, grab irons or hand rails, fenders or
aprons or pilots, and with such other appliances, apparatus
and machinery necessary for the safe operation of such street
car as the commission may prescribe. [1961 c 14 §
81.44.040. Prior: 1911 c 117 § 66, part; RRS § 10402,
part. Formerly RCW 81.44.040 and 81.64.120, part.]
effect of chapter 117, Laws of 1911, designate the number,
dimensions, location and manner of application of the appliances provided for in RCW 81.44.031 and 81.44.040, or
such as may be prescribed by the commission, and shall give
notice of such designation to all railroad companies and
street railroad companies subject to the provisions of this
title, by such means as the commission may deem proper,
and thereafter such number, dimensions, location, and
manner of application as designated by the commission shall
remain as the standards of equipment to be used on all cars
and locomotives subject to the provisions of this title. The
commission shall have power to add to, change, or modify
said standards of equipment at any time or to provide
different standards under different circumstances and
conditions: PROVIDED, That the commission may, upon
full hearing, for good cause, extend the period within which
any railroad or street railroad may comply with the provisions of RCW 81.44.031 through 81.44.060 with respect to
the equipment of locomotives or cars actually in service on
the date of passage of chapter 117, Laws of 1911. The
commission is hereby given authority to fix the time within
which such modification or change shall become effective or
obligatory. After the time so fixed it shall be unlawful to
use any car, motor, or locomotive which does not comply
with the standards so prescribed by the commission:
PROVIDED, That when any car, motor, or locomotive shall
have been properly equipped as provided in this title, and
such equipment shall have become defective or insecure
while such car, motor, or locomotive was being used by such
railroad company upon its line of railroad, such car, motor,
or locomotive may be hauled from the place where such
equipment was first discovered to be defective or insecure to
the nearest available point where such car, motor, or locomotive can be repaired, without liability for the penalties
imposed herein if such movement is necessary to make such
repairs, and such repairs cannot reasonably be made except
at such repair point. Nothing in this proviso shall be construed to permit the hauling of defective cars by means of
chains instead of drawbars in revenue trains, or in association with other cars that are commercially used, unless such
defective cars contain livestock or perishable freight. [1983
c 3 § 208; 1961 c 14 § 81.44.050. Prior: 1911 c 117 § 66,
part; RRS § 10402, part.]
81.44.060 Penalty. It shall be unlawful for any
railroad company or street railroad company to use or
operate any car, motor, locomotive, or train that is defective,
or any car, motor, locomotive, or train upon which any appliance, machinery, or attachment thereto belonging is
defective, or to knowingly operate its train over any defective track, bridge, or other structure, excepting in cases of
emergency and under proper precautions: PROVIDED, That
RCW 81.44.031 through 81.44.060 shall not apply to
boarding and outfit cars when moved as work trains, or to
trains consisting wholly of logging trucks or of logging
trucks and a passenger car or caboose at the rear end thereof,
or of logging trucks and not to exceed five freight cars at the
rear end thereof. [1983 c 3 § 209; 1961 c 14 § 81.44.060.
Prior: 1911 c 117 § 66, part; RRS § 10402, part.]
81.44.050 Power of commission as to appliances.
The commission shall, as soon as practicable, after the taking
[Title 81 RCW—page 32]
(2002 Ed.)
Common Carriers—Equipment
81.44.065 Devolution of powers and duties relative
to safety of railroads. The utilities and transportation
commission shall exercise all powers and duties in relation
to the inspection of tracks, bridges, structures, equipment,
apparatus, and appliances of railroads with respect to the
safety of employees and the public and the administration
and enforcement of all laws providing for the protection of
the public and employees of railroads which prior to April
1, 1955 were vested in and required to be performed by the
director of labor and industries. [1961 c 14 § 81.44.065.
Prior: 1955 c 165 § 1. Formerly RCW 43.53.055.]
81.44.070 Duties of inspector of safety appliances.
It shall be the duty of the inspector of tracks, bridges,
structures, and equipment, and such deputies as may be
appointed, to inspect all equipment, and appliances connected therewith, and all apparatus, tracks, bridges and structures, depots and facilities and accommodations connected
therewith, and facilities and accommodations furnished for
the use of employees, and make such reports of his inspection to the commission as may be required. He shall, on
discovering any defective equipment or appliances connected
therewith, rendering the use of such equipment dangerous,
immediately report the same to the superintendent of the
road on which it is found, and to the proper official at the
nearest point where such defect is discovered, describing the
defect. Such inspector may, on the discovery of any defect
rendering the use of any car, motor or locomotive dangerous,
condemn such car, motor or locomotive, and order the same
out of service until repaired and put in good working order.
He shall, on discovering any track, bridge or structure
defective or unsafe in any particular, report such condition
to the commission, and, in addition thereto, report the same
to the official in charge of the division of such railroad upon
which such defect is found. In case any track, bridge or
structure is found so defective as to be dangerous to the
employees or public for a train or trains to be operated over
the same, the inspector is hereby authorized to condemn
such track, bridge or structure and notify the commission
and the office in charge of the division of such railroad
where such defect is found of his action concerning the
same, reporting in detail the defect complained of, and the
work or improvements necessary to repair such defect. He
shall also report to the commission the violation of any law
governing, controlling or affecting the conduct of public
service companies in this state, as such companies are
defined in this title or in Title 80 RCW.
The inspector, or such deputies as may be appointed,
shall have the right and privilege of riding on any locomotive, either on freight or passenger trains, or on the caboose
of any freight train, for the purpose of inspecting the track
on any railroad in this state: PROVIDED, That the engineer
or conductor in charge of any such locomotive or caboose
may require such inspector to produce his authority, under
the seal of the commission, showing that he is such inspector
or deputy inspector.
The inspector, or such deputy inspector or inspectors as
may be appointed, shall, when required by the commission,
inspect any street railroad, gas plant, electrical plant, water
system, telephone line or telegraph line, and upon discovering any defective or dangerous track, bridge, structure,
(2002 Ed.)
81.44.065
equipment, apparatus, machinery, appliance, facility, instrumentality or building, rendering the use of the same dangerous to the public or to the employees of the company
owning or operating the same, report the same to the
commission, and to the official in charge of such road, plant,
system or line. [1961 c 14 § 81.44.070. Prior: 1911 c 117
§ 67; RRS § 10403. Formerly RCW 81.44.070 and
81.44.080.]
81.44.085 First aid kits and drinking water—
Penalty. Every person operating a common carrier railroad
in this state shall equip each locomotive and caboose used in
train or yard switching service, and every car used in
passenger service with a first aid kit of a type to be approved by the commission, which kit shall be plainly marked
and be readily visible and accessible and be maintained in a
fully quipped condition: PROVIDED, That such kits shall
not be required on equipment used exclusively in yard or
switching service where such kits are maintained in the yard
or terminal.
Each locomotive and caboose shall also be furnished
with sanitary cups and sanitary ice-cooled drinking water.
For the purpose of this section a "locomotive" shall
include all railroad engines propelled by any form of energy
and used in rail line haul or yard switching service.
Any person violating any provisions of this section shall
be guilty of a misdemeanor. [1969 ex.s. c 210 § 7; 1961 c
14 § 81.44.085. Prior: 1951 c 66 §§ 1, 2, 3.]
Cabooses
drinking water facilities: RCW 81.44.097.
fire extinguisher—Type, location, and maintenance: RCW 81.44.0972.
81.44.091 Cabooses—Size—Equipment—
Application. The provisions of RCW 81.44.091 through
81.44.100 shall apply to all cabooses except when used in
yard service or in road service for a distance of not to
exceed twenty-five straightaway miles: PROVIDED, That
RCW 81.44.091 through 81.44.100 shall not apply to logging
railways. [1969 ex.s. c 116 § 1.]
81.44.092 Cabooses—Minimum length—
Construction—Insulation—Cupola. Cabooses shall be at
least twenty-four feet in length exclusive of platform and of
either cupola or bay window type. Cabooses shall be of
metal frame construction, and shall be sufficiently insulated
to eliminate track noise above eighty-five decibels in any
octave in the speech range. A cupola shall extend inward
toward the center line of the car not less than two and onehalf feet from either side of the caboose. [1969 ex.s. c 116
§ 2.]
81.44.093 Cabooses—Trucks, riding qualities,
wheels—Draft gears, minimum travel, minimum capacity.
The trucks shall provide riding qualities at least equal to
those of freight type trucks modified with elliptical or
additional coil springs or other means of equal or greater
efficiency and shall be equipped with standard steel wheels
or their equivalent. Draft gears shall have a minimum travel
of two and one-half inches and a minimum capacity of
eighteen thousand foot-pounds, and shall comply with
[Title 81 RCW—page 33]
81.44.093
Title 81 RCW: Transportation
Association of American Railroads Standard M-901 or its
equivalent. [1969 ex.s. c 116 § 3.]
81.44.094 Cabooses—Electric lighting—Markers.
Electric lighting of at least forty foot-candles shall be
provided for the direct illumination of the caboose desk and
reading areas and for the lavatory facilities. The caboose
marker, or markers, shall be reflectorized or capable of
illumination when required. [1969 ex.s. c 116 § 4.]
81.44.095 Cabooses—Glass, glazing materials of
safety glass type. Wherever glass or glazing materials are
used in partitions, doors, windows or wind deflectors, they
shall be of the safety glass type. [1969 ex.s. c 116 § 5.]
81.44.096 Cabooses—Stanchions, grab handles, or
bars, installation—Edges and protrusions rounded—Seat
backs, standard. Stanchions, grab handles or bars shall be
installed at entrances, exits and cupola within convenient
reach of employees moving within the caboose. All edges
and protrusions (including all bench, desk, chair and other
furnishings) shall be rounded as required by the Washington
utilities and transportation commission. All seat backs shall
conform to safety standards designed by the U.S. department
of transportation in its "Federal Motor Vehicle Safety
Standards" Motor Vehicle Safety Standard No. 201. [1969
ex.s. c 116 § 6.]
81.44.097 Cabooses—Drinking water facilities.
Drinking water facilities shall be installed and maintained to
provide cool, clean, sanitary drinking water. This water
shall be provided in sanitary containers and refrigerated.
Each container shall be equipped with an approved type of
fountain, faucet, or other dispenser. [1969 ex.s. c 116 § 7.]
81.44.0971 Cabooses—Facilities for washing hands
and face. Facilities for the washing of hands and face shall
be maintained separately from drinking facilities. [1969
ex.s. c 116 § 8.]
81.44.0972 Cabooses—Fire extinguisher—Type,
location, and maintenance. All cabooses shall be equipped
with at least one portable foam, dry chemical, or carbon
dioxide type fire extinguisher with a minimum capacity of
one and one-quarter gallons or five pounds. Such
extinguishers shall be placed in readily accessible locations
and shall be effectively maintained. [1969 ex.s. c 116 § 9.]
81.44.098 Cabooses—No violation when move in
service if correction made at first available point—
Temporary exemption, procedure, limitations. In the
event a failure of required equipment or standards of
maintenance occurs after a caboose has commenced a move
in service after being reported in accordance with RCW
81.44.0981, the railroad operating that caboose shall not be
deemed in violation of RCW 81.44.091 through 81.44.100 if
said failure of equipment or standards of maintenance is
corrected at the first point at which maintenance supplies are
available, or, in case of repairs, the first at which materials
and repair facilities are available and repairs can reasonably
[Title 81 RCW—page 34]
be made. If, in any particular case, any temporary exemption from any requirements of RCW 81.44.091 through
81.44.100 is deemed necessary by a carrier concerned, the
utilities and transportation commission will consider the
application of such carrier for temporary exemption and may
grant such exemption when accompanied by a full statement
of the conditions existing and the reasons for the exemption.
Any exemptions so granted will be limited to the particular
case specified, and will be limited to a stated period of time.
[1969 ex.s. c 116 § 10.]
81.44.0981 Cabooses—Register for report of
failures—Regulations for use of. A register for the
reporting of failures of required equipment or standards of
maintenance shall be maintained on all cabooses. Said
register shall contain sufficient space to record the dates and
particulars of said failure. The railroads shall provide
reasonable regulations for the use of this register, including
a provision for maintaining this record of reported failures
for not less than the previous eighty day period. [1969 ex.s.
c 116 § 11.]
81.44.0982 Cabooses—Compliance, when—
Standard for compliance. Compliance with RCW
81.44.091 through 81.44.100 shall be accomplished within
five years of August 11, 1969. The requirements stated in
RCW 81.44.091 through 81.44.100 shall be deemed complied with by equipment or standards of maintenance equal
or superior to those herein prescribed. [1969 ex.s. c 116 §
12.]
81.44.099 Cabooses—Regulation and enforcement—
Regulations for. The utilities and transportation commission shall be empowered to regulate and enforce all sections
of RCW 81.44.091 through 81.44.100, and shall be empowered to enact all reasonable regulations for the enforcement
of RCW 81.44.091 through 81.44.100. [1969 ex.s. c 116 §
13.]
81.44.100 Penalty. Any person, corporation or
company operating any railroad or railway in this state,
violating any of the provisions of RCW 81.44.091 through
81.44.100, shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined not less than five
hundred dollars, nor more than one thousand dollars, for
each offense. [1969 ex.s. c 116 § 14; 1961 c 14 §
81.44.100. Prior: 1909 c 31 § 2; RRS § 10484.]
81.44.101 Track motor cars—Windshield and
canopy required. Every person, firm or corporation
operating or controlling any railroad running through or
within this state as a common carrier shall, on or before
January 1, 1952, equip each of its track motor cars with:
(1) A windshield and a device for wiping rain, snow and
other moisture therefrom, which device shall be maintained
in good order and so constructed as to be controlled or
operated by the operator of said track motor car;
(2) A canopy or top of such construction as to adequately protect the occupants thereof from the rays of the sun,
rain, snow or other inclement weather. [1961 c 14 §
81.44.101. Prior: 1951 c 42 § 1.]
(2002 Ed.)
Common Carriers—Equipment
81.44.102 Track motor cars—Absence of windshield
or canopy unlawful. It shall be unlawful after January 1,
1952, for any person, firm or corporation, operating or
controlling any common carrier railroad running through or
within this state to operate or use any track motor car which
is not equipped with a windshield and canopy or top as
provided in RCW 81.44.101. [1961 c 14 § 81.44.102.
Prior: 1951 c 42 § 2.]
81.44.103 Track motor cars—Head and tail lights
required. Every person, firm or corporation operating or
controlling any railroad running as a common carrier through
or within the state shall, on or before January 1, 1952, equip
each of its track motor cars used during the period from
thirty minutes before sunset to thirty minutes after sunrise,
with an electric headlight of such construction and with
sufficient candle power to render plainly visible at a distance
of not less than three hundred feet in advance of such track
motor car, any track obstruction, landmark, warning sign or
grade crossing, and further shall equip such track motor car
with a red rear electric light of such construction and with
sufficient candle power as to be plainly visible at a distance
of three hundred feet. [1961 c 14 § 81.44.103. Prior: 1951
c 42 § 3.]
81.44.104 Track motor cars—Absence of lights
unlawful. It shall be unlawful after January 1, 1952, for any
person, firm or corporation operating or controlling any
railroad running as a common carrier through or within this
state to operate or use any track motor car from thirty
minutes before sunset to thirty minutes after sunrise, which
is not equipped with lights of the candle power, construction
and utility described in RCW 81.44.103. [1961 c 14 §
81.44.104. Prior: 1951 c 42 § 4.]
81.44.105 Track motor cars—Penalty for violation.
Every violation of RCW 81.44.101 through 81.44.105 is a
misdemeanor and shall be punishable by a fine of not more
than one hundred dollars. [1961 c 14 § 81.44.105. Prior:
1951 c 42 § 5.]
81.44.110 Equipment is part of cars—Tare weight.
The stakes, standards, supports, stays, railings and other
equipments, appliances and contrivances necessary to
effectually and suitably equip and supply every and all flat
cars, and cars belonging to any and every railroad company,
or person engaged in the business of carrying for hire in this
state shall constitute and be held considered part and parcel
of said cars, and the weight of same shall be added to the
weight of the cars, and shall be deducted from the weight of
the cargo, commodity, or product shipped on any and all
such flat car or cars so that the freight charges shall be
charged by the carrier only on the cargo, commodity or
product carried. [1961 c 14 § 81.44.110. Prior: 1907 c 218
§ 1; RRS § 10470.]
81.44.120 Reimbursement of shipper for supplying
equipment. Whenever any railroad company or any person
engaged in the business of carrying for hire in this state shall
set in or furnish any person or persons any flat car or cars
that is, or are not, provided with stakes, standards, supports,
(2002 Ed.)
81.44.102
stays, railings and other equipments, appliances and contrivances necessary to effectually and suitably equip and supply
every and all such flat car or cars for the purpose of loading
and transporting goods, commodities or products, and it shall
be necessary and requisite that the shipper or loader of any
goods, commodities or products shall furnish any stakes,
standards, supports, stays, railings and other equipments,
appliances and contrivances necessary to effectually and
suitably equip and supply such flat car or cars for the
purpose of transporting any goods, commodities or products,
the carrier or railroad company, or person engaged in the
business of carrying for hire, shall pay to the shipper or
loader of any such flat car or cars the cost and expense of
placing on any and all of such flat car or cars stakes,
standards, supports, stays, railings or other equipments,
appliances, and contrivances necessary to effectually and
suitably equip or supply every and all such flat car or cars.
[1961 c 14 § 81.44.120. Prior: 1907 c 218 § 2; RRS §
10473.]
81.44.130 Safeguarding frogs, switches, and guard
rails. Every railroad and street railroad operating in this
state shall so adjust, fill, block and securely guard all frogs,
switches and guard rails so as to protect and prevent the feet
of persons being caught therein. [1961 c 14 § 81.44.130.
Prior: 1911 c 117 § 68; RRS § 10404.]
Chapter 81.48
RAILROADS—OPERATING REQUIREMENTS
AND REGULATIONS
Sections
81.48.010
81.48.015
Failure to ring bell—Penalty—Exception.
Limiting or prohibiting the sounding of locomotive horns—
Supplemental safety measures—Notice.
81.48.020 Obstructing or delaying train—Penalty.
81.48.030 Speed within cities and towns and at grade crossings may be
regulated.
81.48.040 Procedure to fix speed limits—Change in limits.
81.48.050 Trains to stop at railroad crossings.
81.48.060 Penalty for violation of duty endangering safety.
Excessive steam in boilers, penalty: RCW 70.54.080.
Steam boilers, pressure vessels, construction, inspection, etc.: Chapter
70.79 RCW.
81.48.010 Failure to ring bell—Penalty—Exception.
Every engineer driving a locomotive on any railway who
shall fail to ring the bell or sound the whistle upon such
locomotive, or cause the same to be rung or sounded at least
eighty rods from any place where such railway crosses a
traveled road or street on the same level (except in cities, or
in counties that enact ordinances applying only to crossings
equipped with supplemental safety measures as provided in
RCW 81.48.015), or to continue the ringing of such bell or
sounding of such whistle until such locomotive shall have
crossed such road or street, shall be guilty of a misdemeanor.
This section shall not apply to an engineer operating a
locomotive within yard limits or when on track, which is not
main line track, where crossing speed is restricted by
published special instruction or bulletin to ten miles per hour
or less. [1995 c 315 § 1; 1961 c 14 § 81.48.010. Prior:
1909 c 249 § 276; RRS § 2528.]
[Title 81 RCW—page 35]
81.48.015
Title 81 RCW: Transportation
81.48.015 Limiting or prohibiting the sounding of
locomotive horns—Supplemental safety measures—
Notice. (1) The legislature hereby authorizes cities and
counties to enact ordinances limiting or prohibiting the
sounding of locomotive horns, provided the ordinance applies only at crossings equipped with supplemental safety
measures. A supplemental safety measure is a safety device
defined in P.L. 103-440, section 20153(a)(3), as that law
existed on November 2, 1994. A supplemental safety
measure that prevents careless movement over the crossing
(e.g., as where adequate median barriers prevent movement
around crossing gates extending over the full width of the
lanes in a particular direction of travel), shall be deemed to
conform to those standards required under P.L. 103-440
unless specifically rejected by emergency order issued by the
United States secretary of the department of transportation.
(2) Prior to enacting the ordinance, the cities and
counties shall provide written notification to the railroad
companies affected by the proposed ordinance, and to the
state utilities and transportation commission, for the purpose
of providing an opportunity to comment on the proposed
ordinance.
(3) Nothing in this section shall be construed as limiting
the state’s power, guaranteed by the tenth amendment to the
Constitution of the United States, to enact laws necessary for
the health, safety, or welfare of the people of the state of
Washington. [1995 c 315 § 2.]
and may be different for different grade crossings and shall
be commensurate with the hazard presented and the practical
operation of trains. The commission shall have the right
from time to time, as conditions change, to either increase or
decrease speed limits established under RCW 81.48.030 and
81.48.040. [1994 c 81 § 84; 1971 ex.s. c 143 § 2; 1961 c
14 § 81.48.040. Prior: 1943 c 228 § 2; Rem. Supp. 1943
§ 10547-2.]
81.48.050 Trains to stop at railroad crossings. All
railroads and street railroads, operating in this state shall
cause their trains and cars to come to a full stop at a
distance not greater than five hundred feet before crossing
the tracks of another railroad crossing at grade, excepting at
crossings where there are established signal towers, and
signal men, interlocking plants or gates. [1961 c 14 §
81.48.050. Prior: 1911 c 117 § 69; RRS § 10405.]
81.48.060 Penalty for violation of duty endangering
safety. Every engineer, motorman, gripman, conductor,
brakeman, switch tender, train dispatcher or other officer,
agent or servant of any railway company, who shall be guilty
of any wilful violation or omission of his duty as such
officer, agent or servant, by which human life or safety shall
be endangered, for which no punishment is specially prescribed, shall be guilty of a misdemeanor. [1961 c 14 §
81.48.060. Prior: 1909 c 249 § 277; RRS § 2529.]
81.48.020 Obstructing or delaying train—Penalty.
Every person who shall wilfully obstruct, hinder or delay the
passage of any car lawfully operated upon any railway, shall
be guilty of a misdemeanor. [1961 c 14 § 81.48.020. Prior:
1909 c 249 § 278; RRS § 2530.]
81.48.030 Speed within cities and towns and at
grade crossings may be regulated. The right to fix and
regulate the speed of railway trains within the limits of any
city or town other than a first class city, and at grade
crossings as defined in RCW 81.53.010 where such grade
crossings are outside the limits of cities and towns, is vested
exclusively in the commission: PROVIDED, That RCW
81.48.030 and 81.48.040 shall not apply to street railways
which may be operating or hereafter operated within the
limits of said cities and towns. [1994 c 81 § 83; 1973 c 115
§ 3; 1971 ex.s. c 143 § 1; 1961 c 14 § 81.48.030. Prior:
1943 c 228 § 1; Rem. Supp. 1943 § 10547-1.]
81.48.040 Procedure to fix speed limits—Change in
limits. After due investigation, the commission shall make
and issue an order fixing and regulating the speed of railway
trains within the limits of cities and towns other than first
class cities. The speed limit to be fixed by the commission
shall be discretionary, and it may fix different rates of speed
for different cities and towns, which rates of speed shall be
commensurate with the hazard presented and the practical
operation of the trains. The commission shall also fix and
regulate the speed of railway trains at grade crossings as
defined in RCW 81.53.010 where such grade crossings are
outside the limits of cities and towns when in the judgment
of the commission the public safety so requires; such speed
limit to be fixed shall be discretionary with the commission
[Title 81 RCW—page 36]
Chapter 81.52
RAILROADS—RIGHTS OF WAY—
SPURS—FENCES
Sections
81.52.010
81.52.020
81.52.030
Physical connections.
Sidetrack and switch connections—Duty to construct.
Sidetrack and switch connection may be ordered by commission.
81.52.040 Spur tracks.
81.52.050 Fences—Crossings—Cattle guards.
81.52.060 Fences—Liability for injury to stock.
81.52.070 Fences—Negligence—Evidence.
Eminent domain by corporations: Chapter 8.20 RCW.
Forest protection: Chapter 76.04 RCW.
Public lands, rights of way, easements, etc.: Chapter 79.01 RCW.
81.52.010 Physical connections. Whenever the
commission shall find, after a hearing made upon complaint
or upon its own motion, that the public necessities and
conveniences would be subserved by having track connections made, between any two or more railroads at any of the
points hereinafter specified, the commission shall order any
two or more railroads of the same or similar gauge to make
physical connections at any and all crossings, and at all
points where a railroad shall begin or terminate at or near
any other railroad, and at or near all towns or cities, so that
the cars of any such railroad company may be speedily
transferred from one railroad to another, and shall order
whether the expense thereof shall to be borne jointly or
otherwise. [1961 c 14 § 81.52.010. Prior: 1919 c 153 § 1;
1911 c 117 § 61; RRS § 10397.]
(2002 Ed.)
Railroads—Rights of Way—Spurs—Fences
81.52.020 Sidetrack and switch connections—Duty
to construct. A railroad company upon the application of
any shipper shall construct, maintain and operate upon
reasonable terms a switch connection or connections with a
lateral line of railway or private side track owned, operated
or controlled by such shipper, and shall upon the application
of any shipper, provide upon its own property a side track
and switch connection with its line of railway, whenever
such a side track and switch connection is reasonably
practicable, and can be put in with safety and the business
therefor is sufficient to justify the same. [1961 c 14 §
81.52.020. Prior: 1911 c 117 § 13; RRS § 10349.]
81.52.030 Sidetrack and switch connection may be
ordered by commission. Whenever the commission shall
find, after a hearing had upon its own motion or upon
complaint, as herein provided, that application has been
made by any shipper for a switching connection or connections with a lateral line of railway or private side track
owned, operated or controlled by such shipper, or that
application has been made by any shipper for the installation
of a side track upon the property of such railroad, and that
such switch connection or side track is reasonably practicable, can be put in with reasonable safety, and the business
therefor is sufficient to justify the same, and that the railroad
company has refused to install or provide the same, the
commission shall enter its order requiring such connection or
the construction of such side track: PROVIDED, That such
shipper so to be served shall pay the legitimate cost and
expense of constructing such connection or side track as
shall be determined in separate items by the commission,
and before the railroad company shall be compelled to incur
any cost in connection therewith the same shall be secured
to the railroad company in such manner as the commission
may require. Whenever such lateral line of railway private
side track or side track upon the property of the railroad
company shall be constructed under the provisions of this
section, any person or corporation shall be entitled to
connect therewith or use the same upon the payment to the
shipper incurring the primary expense of a reasonable
proportion of the cost thereof, to be determined by the
commission after notice to the interested parties: PROVIDED, That such connection can be made without unreasonable
interference with the right of such shipper incurring the
primary expense. [1961 c 14 § 81.52.030. Prior: 1911 c
117 § 62; RRS § 10398.]
81.52.040 Spur tracks. Any railroad corporation
organized under the laws of this state or of any other state,
and authorized to do business in this state and owning or
operating a railway in this state, may construct, maintain and
operate public spur tracks, from its railroad or any branch
thereof, to and upon the grounds of any mill, elevator,
storehouse, warehouse, dock, wharf, pier, manufacturing
establishment, lumber yard, coal dock or other industry or
enterprise, with all side tracks, storage tracks, wyes, turnouts,
and connections necessary or convenient to the use of the
same; and such company may acquire by purchase or
condemnation, in the manner provided by the laws of this
state for the acquisition of real estate for railway purposes,
all necessary rights of way for such spur tracks, side tracks,
(2002 Ed.)
81.52.020
storage tracks, wyes, turnouts and connections; said spur
when constructed to be a public spur for the use of all
industries located or thereafter located thereon: PROVIDED,
That the right to acquire by condemnation herein granted
shall not be exercised over unimproved lands for a greater
distance than five miles, or over improved lands for a greater
distance than one mile, or over lands within the limits of a
municipal corporation for a greater distance than one-fourth
of a mile: PROVIDED FURTHER, That this section shall
not be construed as limiting the rights granted under RCW
81.36.060 through 81.36.090, relating to the construction of
branch lines. [1961 c 14 § 81.52.040. Prior: 1907 c 223 §
1; RRS § 10465.]
81.52.050 Fences—Crossings—Cattle guards. Every
person, company or corporation having the control or
management of any railroad shall, outside of any corporate
city or town, and outside the limits of any sidetrack or
switch, cause to be constructed and maintained in good
repair on each side of said railroad, along the line of said
right of way of such person, company or corporation
operating the same, a substantial fence, and at every point
where any roadway or other public highway shall cross said
railroad, a safe and sufficient crossing must be built and
maintained, and on each side of such crossing and at each
end of such sidetrack or switch, outside of any incorporated
city or town, a sufficient cattle guard: PROVIDED, That
any person holding land on both sides of said right of way
shall have the right to put in gates for his own use at such
places as may be convenient. [1961 c 14 § 81.52.050.
Prior: 1907 c 88 § 1; RRS § 10507.]
81.52.060 Fences—Liability for injury to stock.
Every such person, company or corporation owning or
operating such railroad shall be liable for all damages
sustained in the injury or killing of stock in any manner by
reason of the failure of such person, company or corporation,
to construct and maintain such fence or such crossing or
cattle guard; but when such fences, crossings and guards
have been duly made, and shall be kept in good repair, such
person, company or corporation shall not be liable for any
such damages, unless negligently or unlawfully done. [1961
c 14 § 81.52.060. Prior: 1907 c 88 § 2; RRS § 10508.]
81.52.070 Fences—Negligence—Evidence. In all
actions against persons, companies or corporations, operating
steam or electric railroads in the state of Washington, for
injury to stock by collision with moving trains, it is prima
facie evidence of negligence on the part of such person,
company or corporation, to show that the railroad track was
not fenced with a substantial fence or protected by a sufficient cattle guard at the place where the stock was injured or
killed. [1961 c 14 § 81.52.070. Prior: 1907 c 88 § 3; RRS
§ 10509.]
[Title 81 RCW—page 37]
Chapter 81.53
Title 81 RCW: Transportation
Chapter 81.53
RAILROADS—CROSSINGS
Sections
81.53.010
81.53.020
81.53.030
81.53.040
81.53.050
81.53.060
Definitions.
Grade separation required where practicable.
Petition for crossing—Hearing—Order.
Supplemental hearing—Change of route.
Requirements of order on change of route.
Petition for alteration of crossing—Closure of grade crossing
without hearing.
81.53.070 Hearing.
81.53.080 Restrictions on structures, railway equipment, in proximity
of crossings—Minimum clearance for under-crossings.
81.53.090 Duty to maintain crossings.
81.53.091 Underpasses, overpasses constructed with aid of federal
funds—Apportionment of maintenance cost between
railroad and state.
81.53.100 Cost when railroad crosses highway.
81.53.110 Cost when highway crosses railroad.
81.53.120 Cost when railroad crosses railroad.
81.53.130 Apportionment of cost.
81.53.140 Time for performance.
81.53.150 Practice and procedure.
81.53.160 Service of process.
81.53.170 Judicial review.
81.53.180 Eminent domain.
81.53.190 Abatement of illegal crossings.
81.53.200 Mandamus to compel performance.
81.53.210 Penalty.
81.53.220 Obstructions in highways.
81.53.230 No new right of action conferred.
81.53.240 Scope of chapter.
81.53.250 Employment of experts.
81.53.261 Crossing signals, warning devices—Petition, motion—
Hearing—Order—Costs apportionment—Records not
evidence for actions—Appeal.
81.53.271 Crossing signals, warning devices—Petition contents—
Apportionment of installation and maintenance costs.
81.53.275 Crossing signals, warning devices—Apportionment when
funds not available from grade crossing protective fund.
81.53.281 Crossing signals, warning devices—Grade crossing protective fund—Created—Transfer of funds—Allocation of
costs—Procedure—Federal funding—Recovery of costs.
81.53.291 Crossing signals, warning devices—Operational scope—
Election by first class cities—Procedure.
81.53.295 Crossing signals, warning devices, etc.—Federal funds used
to pay installation costs—Grade crossing protective
fund—State and local authorities to pay remaining installation costs—Railroad to pay maintenance costs.
81.53.400 Traffic control devices during construction, repair, etc. of
crossing or overpass—Required.
81.53.410 Traffic control devices during construction, repair, etc. of
crossing or overpass—Standards and conditions.
81.53.420 Traffic control devices during construction, repair, etc. of
crossing or overpass—Rules.
81.53.900 Effective date—1975 1st ex.s. c 189.
Counties, signs, signals, etc.: RCW 36.86.040.
Railroad intersections, crossings, etc.: State Constitution Art. 12 § 13.
Traffic devices required by utilities and transportation commission: RCW
47.36.050.
81.53.010 Definitions. The term "commission," when
used in this chapter, means the utilities and transportation
commission of Washington.
The term "highway," when used in this chapter, includes
all state and county roads, streets, alleys, avenues, boulevards, parkways and other public places actually open and in
use, or to be opened and used, for travel by the public.
The term "railroad," when used in this chapter, means
every railroad, including interurban and suburban electric
[Title 81 RCW—page 38]
railroads, by whatsoever power operated, for the public use
in the conveyance of persons or property for hire, with all
bridges, ferries, tunnels, equipment, switches, spurs, sidings,
tracks, stations and terminal facilities of every kind, used,
operated, controlled, managed, or owned by or in connection
therewith. The said term shall also include every logging
and other industrial railway owned or operated primarily for
the purpose of carrying the property of its owners or
operators or of a limited class of persons, with all tracks,
spurs and sidings used in connection therewith. The said
term shall not include street railways operating within the
limits of any incorporated city or town.
The term "railroad company," when used in this chapter,
includes every corporation, company, association, joint stock
association, partnership or person, its, their or his lessees,
trustees or receivers appointed by any court whatsoever,
owning, operating, controlling or managing any railroad, as
that term is defined in this section.
The term "over-crossing," when used in this chapter,
means any point or place where a highway crosses a railroad
by passing above the same.
The term "under-crossing," when used in this chapter,
means any point or place where a highway crosses a railroad
by passing under the same.
The term "over-crossing" or "under-crossing," shall also
mean any point or place where one railroad crosses another
railroad not at grade.
The term "grade crossing," when used in this chapter,
means any point or place where a railroad crosses a highway
or a highway crosses a railroad or one railroad crosses
another, at a common grade. [1961 c 14 § 81.53.010. Prior:
1959 c 283 § 2; prior: (i) 1913 c 30 § 1; RRS § 10511. (ii)
1941 c 161 § 1; Rem. Supp. 1941 § 10511-1. Formerly
RCW 81.52.080, part.]
81.53.020 Grade separation required where practicable. All railroads and extensions of railroads hereafter
constructed shall cross existing railroads and highways by
passing either over or under the same, when practicable, and
shall in no instance cross any railroad or highway at grade
without authority first being obtained from the commission
to do so. All highways and extensions of highways hereafter
laid out and constructed shall cross existing railroads by
passing either over or under the same, when practicable, and
shall in no instance cross any railroad at grade without
authority first being obtained from the commission to do so:
PROVIDED, That this section shall not be construed to
prohibit a railroad company from constructing tracks at grade
across other tracks owned or operated by it within established yard limits. In determining whether a separation of
grades is practicable, the commission shall take into consideration the amount and character of travel on the railroad
and on the highway; the grade and alignment of the railroad
and the highway; the cost of separating grades; the topography of the country, and all other circumstances and conditions naturally involved in such an inquiry. [1961 c 14 §
81.53.020. Prior: 1913 c 30 § 2; RRS § 10512. Formerly
RCW 81.52.090.]
81.53.030 Petition for crossing—Hearing—Order.
Whenever a railroad company desires to cross a highway or
(2002 Ed.)
Railroads—Crossings
railroad at grade, it shall file a written petition with the
commission setting forth the reasons why the crossing cannot
be made either above or below grade. Whenever the
legislative authority of a county, or the municipal authorities
of a city, or the state officers authorized to lay out and
construct state roads, or the state parks and recreation
commission, desire to extend a highway across a railroad at
grade, they shall file a written petition with the commission,
setting forth the reasons why the crossing cannot be made
either above or below grade. Upon receiving the petition the
commission shall immediately investigate it, giving at least
ten days’ notice to the railroad company and the county or
city affected thereby, of the time and place of the investigation, to the end that all parties interested may be present and
heard. If the highway involved is a state road or parkway,
the secretary of transportation or the state parks and recreation commission shall be notified of the time and place of
hearing. The evidence introduced shall be reduced to writing
and be filed by the commission. If it finds that it is not
practicable to cross the railroad or highway either above or
below grade, the commission shall enter a written order in
the cause, either granting or denying the right to construct a
grade crossing at the point in question. The commission
may provide in the order authorizing a grade crossing, or at
any subsequent time, that the railroad company shall install
and maintain proper signals, warnings, flagmen, interlocking
devices, or other devices or means to secure the safety of the
public and its employees. In respect to existing railroad
grade crossings over highways the construction of which
grade crossings was accomplished other than under a
commission order authorizing it, the commission may in any
event require the railroad company to install and maintain,
at or near each crossing, on both sides of it, a sign known as
the sawbuck crossing sign with the lettering "Railroad
Crossing" inscribed thereon with a suitable inscription
indicating the number of tracks. The sign shall be of
standard design conforming to specifications furnished by the
Washington state department of transportation. [1984 c 7 §
373; 1961 c 14 § 81.53.030. Prior: 1959 c 283 § 1; 1955
c 310 § 3; prior: 1937 c 22 § 1, part; 1913 c 30 § 3, part;
RRS § 10513, part. Formerly RCW 81.52.100.]
Severability—1984 c 7: See note following RCW 47.01.141.
81.53.040 Supplemental hearing—Change of route.
If the commission finds that it is impracticable to construct
an over-crossing or under-crossing on the established or
proposed highway, and shall find that by deflecting the
established or proposed highway a practicable and feasible
over-crossing or under-crossing or a safer grade crossing can
be provided, it shall continue the hearing and hold a supplemental hearing thereon. At least ten days’ notice of the time
and place of the supplemental hearing shall be given to all
landowners that may be affected by the proposed change in
location of the highways. At the supplemental hearing the
commission shall inquire into the propriety and necessity of
changing and deflecting the highway as proposed. If the
proposed change in route of the highway involves the
abandonment and vacation of a portion of an established
highway, the owners of land contiguous to the portion of the
highway to be vacated shall, in like manner, be notified of
the time and place of the supplemental hearing. At the
(2002 Ed.)
81.53.030
conclusion of the hearing, the commission shall enter its
findings in writing, and shall determine the location of the
crossing which may be constructed, and whether it shall be
an under-crossing, over-crossing or grade crossing, and shall
determine whether or not any proposed change in the route
of an existing highway, or the abandonment of a portion
thereof is advisable or necessary to secure an over-crossing,
under-crossing, or safer grade crossing. [1961 c 14 §
81.53.040. Prior: 1955 c 310 § 4; prior: 1937 c 22 § 1,
part; 1913 c 30 § 3, part; RRS § 10513, part. Formerly
RCW 81.52.110.]
81.53.050 Requirements of order on change of
route. If the commission finds and determines that a change
in route of an existing highway, or vacation of a portion
thereof, is necessary or advisable, it shall further find and
determine what private property or property rights it is
necessary to take, damage, or injuriously affect for the
purpose of constructing the highway along a new route, and
what private property or property rights, will be affected by
the proposed vacation of a portion of an existing highway.
The property and property rights found necessary to be
taken, damaged, or affected shall be described in the findings
with reasonable accuracy. In any action brought to acquire
the right to take or damage any such property or property
rights, the findings of the commission shall be conclusive as
to the necessity therefor. A copy of the findings shall be
served upon all parties to the cause. [1961 c 14 § 81.53.050.
Prior: 1955 c 310 § 5; 1937 c 22 § 1, part; 1913 c 30 § 3,
part; RRS § 10513, part. Formerly RCW 81.52.120.]
81.53.060 Petition for alteration of crossing—
Closure of grade crossing without hearing. The mayor
and city council, or other governing body of any city or
town, or the legislative authority of any county within which
there exists any under-crossing, over-crossing, or grade
crossing, or where any street or highway is proposed to be
located or established across any railroad, or any railroad
company whose road is crossed by any highway, may file
with the commission their or its petition in writing, alleging
that the public safety requires the establishment of an undercrossing or over-crossing, or an alteration in the method and
manner of an existing crossing and its approaches, or in the
style and nature of construction of an existing over-crossing,
under-crossing, or grade crossing, or a change in the location
of an existing highway or crossing, the closing or discontinuance of an existing highway crossing, and the diversion
of travel thereon to another highway or crossing, or if not
practicable, to change the crossing from grade or to close
and discontinue the crossing, the opening of an additional
crossing for the partial diversion of travel, and praying that
this relief may be ordered. If the existing or proposed crossing is on a state road, highway, or parkway, the petition may
be filed by the secretary of transportation or the state parks
and recreation commission. Upon the petition being filed,
the commission shall fix a time and place for hearing the
petition and shall give not less than twenty days’ notice to
the petitioner, the railroad company, and the municipality or
county in which the crossing is situated. If the highway
involved is a state highway or parkway, like notice shall be
given to the secretary of transportation or the state parks and
[Title 81 RCW—page 39]
81.53.060
Title 81 RCW: Transportation
recreation commission. If the change petitioned for requires
that private lands, property, or property rights be taken,
damaged, or injuriously affected to open up a new route for
the highway, or requires that any portion of any existing
highway be vacated and abandoned, twenty days’ notice of
the hearing shall be given to the owner or owners of the
private lands, property, and property rights which it is
necessary to take, damage, or injuriously affect, and to the
owner or owners of the private lands, property, or property
rights that will be affected by the proposed vacation and
abandonment of the existing highway. The commission shall
also cause notice of the hearing to be published once in a
newspaper of general circulation in the community where the
crossing is situated, which publication shall appear at least
two days before the date of hearing. At the time and place
fixed in the notice, all persons and parties interested are
entitled to be heard and introduce evidence. In the case of
a petition for closure of a grade crossing the commission
may order the grade crossing closed without hearing where:
(1) Notice of the filing of the petition is posted at, or as near
as practical to, the crossing; (2) notice of the filing of the
petition is published once in a newspaper of general circulation in the community or area where the crossing is situated,
which publication shall appear within the same week that the
notice referred to in subsection (1) of this section is posted;
and (3) no objections are received by the commission within
twenty days from the date of the publication of the notice.
[1984 c 7 § 374; 1969 ex.s. c 210 § 8; 1961 c 14 §
81.53.060. Prior: 1937 c 22 § 2, part; 1921 c 138 § 1, part;
1913 c 30 § 4, part; RRS § 10514, part. Formerly RCW
81.52.130.]
Severability—1984 c 7: See note following RCW 47.01.141.
81.53.070 Hearing. At the conclusion of the hearing
the commission shall make and file its written findings of
fact concerning the matters inquired into in like manner as
provided for findings of fact upon petition for new crossings.
The commission shall also enter its order based upon said
findings of fact, which shall specify whether the highway
shall continue at grade or whether it shall be changed to
cross over or under the railroad in its existing location or at
some other point, and whether an over-crossing or undercrossing shall be established at the proposed location of any
street or highway or at some other point, or whether the
style and nature of construction of an existing crossing shall
be changed, or whether said highway shall be closed and
travel thereon diverted to another channel, or any other
change that the commission may find advisable or necessary:
PROVIDED, That in an emergency where a highway is relocated to avoid a grade crossing, or a new crossing is
constructed in the vicinity of an existing crossing in the
interest of public safety, the commission may order such
existing crossing closed without notice or hearing as specified herein. In case the order made requires that private
lands, property, or property rights be taken, damaged or
injuriously affected, the right to take, damage or injuriously
affect the same shall be acquired as hereinafter provided.
Any petition herein authorized may be filed by the
commission on its own motion, and proceedings thereon
shall be the same as herein provided for the hearing and
determination of a petition filed by a railroad company.
[Title 81 RCW—page 40]
[1961 c 14 § 81.53.070. Prior: 1937 c 22 § 2, part; 1921 c
138 § 1, part; 1913 c 30 § 4, part; RRS § 10514, part.
Formerly RCW 81.52.140.]
81.53.080 Restrictions on structures, railway
equipment, in proximity of crossings—Minimum clearance for under-crossings. After February 24, 1937, no
building, loading platform, or other structure which will tend
to obstruct the vision of travelers on a highway or parkway,
of approaching railway traffic, shall be erected or placed on
railroad or public highway rights of way within a distance of
one hundred feet of any grade crossing located outside the
corporate limits of any city or town unless authorized by the
commission, and no trains, railway cars or equipment shall
be spotted less than one hundred feet from any grade
crossing within or without the corporate limits of any city or
town except to serve station facilities and existing facilities
of industries.
The commission shall have the power to specify the
minimum vertical and horizontal clearance of under-crossings constructed, repaired or reconstructed after February 24,
1937, except as to primary state highways. [1969 ex.s. c
210 § 9; 1961 c 14 § 81.53.080. Prior: 1937 c 22 § 2, part;
1921 c 138 § 1, part; 1913 c 30 § 4, part; RRS § 10514,
part. Formerly RCW 81.52.150.]
81.53.090 Duty to maintain crossings. When a
highway crosses a railroad by an over-crossing or undercrossing, the framework and abutments of the over-crossing
or under-crossing, as the case may be, shall be maintained
and kept in repair by the railroad company, and the roadway
thereover or thereunder and approaches thereto shall be
maintained and kept in repair by the county or municipality
in which the same are situated, or if the highway is a state
road or parkway, the roadway over or under the railroad
shall be maintained and kept in repair as provided by law for
the maintenance and repair of state roads and parkways.
The railings of over-crossings shall be considered a part
of the roadway. Whenever a highway intersects a railroad
at common grade, the roadway approaches within one foot
of the outside of either rail shall be maintained and kept in
repair by highway authority, and the planking or other
materials between the rails and for one foot on the outside
thereof shall be installed and maintained by the railroad
company. At crossings involving more than one track,
maintenance by the railroad company shall include that
portion of the crossing between and for one foot on the
outside of each outside rail. The minimum length of such
planking or other materials shall be twenty feet on installation or repairs made after February 24, 1937. [1961 c 14 §
81.53.090. Prior: 1937 c 22 § 3; 1913 c 30 § 5; RRS §
10515. Formerly RCW 81.52.160.]
81.53.091 Underpasses, overpasses constructed with
aid of federal funds—Apportionment of maintenance cost
between railroad and state. See RCW 47.28.150.
81.53.100 Cost when railroad crosses highway.
Whenever, under the provisions of this chapter, new railroads are constructed across existing highways, or highway
changes are made either for the purpose of avoiding grade
(2002 Ed.)
Railroads—Crossings
crossings on such new railroads, or for the purpose of
crossing at a safer and more accessible point than otherwise
available, the entire expense of crossing above or below the
grade of the existing highway, or changing the route thereof,
for the purpose mentioned in this section, shall be paid by
the railroad company. [1961 c 14 § 81.53.100. Prior: 1937
c 22 § 4A; 1925 ex.s. c 73 § 1A; 1921 c 138 § 2A; 1913 c
30 § 6A; RRS § 10516A. Formerly RCW 81.52.170.]
81.53.110 Cost when highway crosses railroad.
Whenever, under the provisions of this chapter, a new
highway is constructed across a railroad, or an existing grade
crossing is eliminated or changed (or the style or nature of
construction of an existing crossing is changed), the entire
expense of constructing a new grade crossing, an
overcrossing, under-crossing, or safer grade crossing, or
changing the nature and style of construction of an existing
crossing, including the expense of constructing approaches
to such crossing and the expense of securing rights of way
for such approaches, as the case may be, shall be apportioned by the commission between the railroad, municipality
or county affected, or if the highway is a state road or
parkway, between the railroad and the state, in such manner
as justice may require, regard being had for all facts relating
to the establishment, reason for, and construction of said
improvement. If the highway involved is a state road or
parkway, the amount not apportioned to the railroad company shall be paid as provided by law for constructing such
state road or parkway. [1961 c 14 § 81.53.110. Prior: 1937
c 22 § 4B; 1925 ex.s. c 73 § 1B; 1921 c 138 § 2B; 1913 c
30 § 6B; RRS § 10516B. Formerly RCW 81.52.180.]
81.53.120 Cost when railroad crosses railroad.
Whenever two or more lines of railroad owned or operated
by different companies cross a highway, or each other, by an
over-crossing, under-crossing, or grade crossing required or
permitted by this chapter or by an order of the commission,
the portion of the expense of making such crossing not
chargeable to any municipality, county or to the state, and
the expense of constructing and maintaining such signals,
warnings, flagmen, interlocking devices, or other devices or
means to secure the safety of the public and the employees
of the railroad company, as the commission may require to
be constructed and maintained, shall be apportioned between
said railroad companies by the commission in such manner
as justice may require, regard being had for all facts relating
to the establishment, reason for, and construction of said
improvement, unless said companies shall mutually agree
upon an apportionment. If it becomes necessary for the
commission to make an apportionment between the railroad
companies, a hearing for that purpose shall be held, at least
ten days’ notice of which shall be given. [1961 c 14 §
81.53.120. Prior: 1937 c 22 § 4C; 1925 ex.s. c 73 § 1C;
1921 c 138 § 2C; 1913 c 30 § 6C; RRS § 10516C. Formerly RCW 81.52.190.]
81.53.130 Apportionment of cost. In the construction
of new railroads across existing highways, the railroads shall
do or cause to be done all the work of constructing the
crossings and road changes that may be required, and shall
acquire and furnish whatever property or easements may be
(2002 Ed.)
81.53.100
necessary, and shall pay, as provided in RCW 81.53.100
through 81.53.120, the entire expense of such work including
all compensation or damages for property or property rights
taken, damaged or injuriously affected. In all other cases the
construction work may be apportioned by the commission
between the parties who may be required to contribute to the
cost thereof as the parties may agree, or as the commission
may consider advisable. All work within the limits of
railroad rights of way shall in every case be done by the
railroad company owning or operating the same. The cost
of acquiring additional lands, rights or easements to provide
for the change of existing crossings shall, unless the parties
otherwise agree, in the first instance be paid by the municipality or county within which the crossing is located; or in
the case of a state road or parkway, shall be paid in the
manner provided by law for paying the cost of acquiring
lands, rights or easements for the construction of state roads
or parkways. The expense accruing on account of property
taken or damaged shall be divided and paid in the manner
provided for dividing and paying other costs of construction.
Upon the completion of the work and its approval by the
commission, an accounting shall be had, and if it shall
appear that any party has expended more than its proportion
of the total cost, a settlement shall be forthwith made. If the
parties shall be unable to agree upon a settlement, the
commission shall arbitrate, adjust and settle the account after
notice to the parties. In the event of failure and refusal of
any party to pay its proportion of the expense, the sum with
interest from the date of the settlement may be recovered in
a civil action by the party entitled thereto. In cases where
the commission has settled the account, the finding of the
commission as to the amount due shall be conclusive in any
civil action brought to recover the same if such finding has
not been reviewed or appealed from as herein provided, and
the time for review or appeal has expired. If any party shall
seek review of any finding or order of the commission
apportioning the cost between the parties liable therefor, the
superior court, the court of appeals, or the supreme court, as
the case may be, shall cause judgment to be entered in such
review proceedings for such sum or sums as may be found
lawfully or justly due by one party to another. [1988 c 202
§ 65; 1971 c 81 § 144; 1961 c 14 § 81.53.130. Prior: 1937
c 22 § 5; 1913 c 30 § 7; RRS § 10517. Formerly RCW
81.52.200.]
Severability—1988 c 202: See note following RCW 2.24.050.
81.53.140 Time for performance. The commission,
in any order requiring work to be done, shall have power to
fix the time within which the same shall be performed and
completed: PROVIDED, That if any party having a duty to
perform within a fixed time under any order of the commission shall make it appear to the commission that the order
cannot reasonably be complied with within the time fixed by
reason either of facts arising after the entry of the order or
of facts existing prior to the entry thereof that were not
presented, and with reasonable diligence could not have been
sooner presented to the commission, such party shall be
entitled to a reasonable extension of time within which to
perform the work. An order of the commission refusing to
grant an extension of time may be reviewed as provided for
the review of other orders of the commission. [1961 c 14 §
[Title 81 RCW—page 41]
81.53.140
Title 81 RCW: Transportation
81.53.140. Prior: 1913 c 30 § 10; RRS § 10520. Formerly
RCW 81.52.210.]
81.53.150 Practice and procedure. Modes of
procedure under this chapter, unless otherwise provided in
this chapter, shall be as provided in other provisions of this
title. The commission is hereby given power to adopt rules
to govern its proceedings and to regulate the mode and
manner of all investigations and hearings under this chapter.
[1961 c 14 § 81.53.150. Prior: 1913 c 30 § 11; RRS §
10521. Formerly RCW 81.52.220.]
81.53.160 Service of process. All notices required to
be served by this chapter shall be in writing, and shall
briefly state the nature of the matter to be inquired into and
investigated. Notices may be served in the manner provided
by law for the service of summons in civil cases, or by registered United States mail. When service is made by
registered mail, the receipt of the receiving post office shall
be sufficient proof of service. When, under the provisions
of this chapter, it is necessary to serve notice of hearings
before the commission on owners of private lands, property,
or property rights, and such owners cannot be found, service
may be made by publication in the manner provided by law
for the publication of summons in civil actions, except that
publication need be made but once each week for three
consecutive weeks, and the hearing may be held at any time
after the expiration of thirty days from the date of the first
publication of the notice. [1961 c 14 § 81.53.160. Prior:
1913 c 30 § 12; RRS § 10522. Formerly RCW 81.52.230.]
81.53.170 Judicial review. Upon the petition of any
party to a proceeding before the commission, any finding or
findings, or order or orders of the commission, made under
color of authority of this chapter, except as otherwise provided, may be reviewed in the superior court of the county
wherein the crossing is situated, and the reasonableness and
lawfulness of such finding or findings, order or orders
inquired into and determined, as provided in this title for the
review of the commission’s orders generally. Appellate
review of the judgment of the superior court may be sought
in like manner as provided in said utilities and transportation
commission law for review by the supreme court or the court
of appeals. [1988 c 202 § 66; 1971 c 81 § 145; 1961 c 14
§ 81.53.170. Prior: 1937 c 22 § 6; 1913 c 30 § 13; RRS §
10523. Formerly RCW 81.52.240.]
Severability—1988 c 202: See note following RCW 2.24.050.
81.53.180 Eminent domain. Whenever to carry out
any work undertaken under this chapter it is necessary to
take, damage, or injuriously affect any private lands,
property, or property rights, the right so to take, damage, or
injuriously affect the same may be acquired by condemnation as hereinafter provided:
(1) In cases where new railroads are constructed and
laid out by railroad company authorized to exercise the
power of eminent domain, the right to take, damage, or
injuriously affect private lands, property, or property rights
shall be acquired by the railroad company by a condemnation proceedings brought in its own name and prosecuted as
provided by law for the exercise of the power of eminent
[Title 81 RCW—page 42]
domain by railroad companies, and the right of eminent
domain is hereby conferred on railroad companies for the
purpose of carrying out the requirements of this chapter or
the requirements of any order of the commission.
(2) In cases where it is necessary to take, damage, or
injuriously affect private lands, property, or property rights
to permit the opening of a new highway or highway crossing
across a railroad, the right to take, damage, or injuriously
affect such lands, property, or property rights shall be
acquired by the municipality or county petitioning for such
new crossing by a condemnation proceeding brought in the
name of such municipality or county as provided by law for
the exercise of the power of eminent domain by such
municipality or county. If the highway involved be a state
highway, then the right to take, damage, or injuriously affect
private lands, property, or property rights shall be acquired
by a condemnation proceeding prosecuted under the laws
relative to the exercise of the power of eminent domain in
aid of such state road.
(3) In cases where the commission orders changes in
existing crossings to secure an under-crossing, over-crossing,
or safer grade crossing, and it is necessary to take, damage,
or injuriously affect private lands, property, or property
rights to execute the work, the right to take, damage, or
injuriously affect such lands, property, or property rights
shall be acquired in a condemnation proceeding prosecuted
in the name of the state of Washington by the attorney general under the laws relating to the exercise of the power of
eminent domain by cities of the first class for street and
highway purposes: PROVIDED, That in the cases mentioned in this subdivision the full value of any lands taken
shall be awarded, together with damages, if any accruing to
the remainder of the land not taken by reason of the severance of the part taken, but in computing the damages to the
remainder, if any, the jury shall offset against such damages,
if any, the special benefits, if any, accruing to such remainder by reason of the proposed improvement. The right of
eminent domain for the purposes mentioned in this subdivision is hereby granted. [1961 c 14 § 81.53.180. Prior:
1913 c 30 § 15; RRS § 10525. Formerly RCW 81.52.250.]
81.53.190 Abatement of illegal crossings. If an
under-crossing, over-crossing, or grade crossing is constructed, maintained, or operated, or is about to be constructed,
operated, or maintained, in violation of the provisions of this
chapter, or in violation of any order of the commission, such
construction, operation, or maintenance may be enjoined, or
may be abated, as provided by law for the abatement of
nuisances. Suits to enjoin or abate may be brought by the
attorney general, or by the prosecuting attorney of the county
in which the unauthorized crossing is located. [1961 c 14 §
81.53.190. Prior: 1913 c 30 § 16; RRS § 10526. Formerly
RCW 81.52.260.]
81.53.200 Mandamus to compel performance. If
any railroad company, county, municipality, or officers
thereof, or other person, shall fail, neglect, or refuse to
perform or discharge any duty required of it or them under
this chapter or any order of the commission, the performance
of such duty may be compelled by mandamus, or other
appropriate proceeding, prosecuted by the attorney general
(2002 Ed.)
Railroads—Crossings
upon request of the commission. [1961 c 14 § 81.53.200.
Prior: 1913 c 30 § 17; RRS § 10527. Formerly RCW
81.52.270.]
81.53.210 Penalty. If any railroad company shall fail
or neglect to obey, comply with, or carry out the requirements of this chapter, or any order of the commission made
under it, such company shall be liable to a penalty not to
exceed five thousand dollars, such penalty to be recovered
in a civil action brought in the name of the state of Washington by the attorney general. All penalties recovered shall
be paid into the state treasury. [1961 c 14 § 81.53.210.
Prior: 1913 c 30 § 18; RRS § 10528. Formerly RCW
81.52.280.]
81.53.220 Obstructions in highways. Whenever, to
carry out any work ordered under RCW 81.53.010 through
81.53.281 and 81.54.010, it is necessary to erect and
maintain posts, piers, or abutments in a highway, the right
and authority to erect and maintain the same is hereby
granted: PROVIDED, That, in case of a state highway the
same shall be placed only at such points on such state
highway as may be approved by the state secretary of
transportation and fixed after such approval by order of the
commission. [1983 c 3 § 210; 1961 c 14 § 81.53.220.
Prior: 1925 ex.s. c 179 § 2; 1913 c 30 § 19; RRS § 10529.
Formerly RCW 81.52.290.]
81.53.230 No new right of action conferred.
Nothing contained in this chapter shall be construed as
conferring a right of action for the abandonment or vacation
of any existing highway or portion thereof in cases where no
right of action exists independent of this chapter. [1961 c 14
§ 81.53.230. Prior: 1913 c 30 § 20; RRS § 10530.]
81.53.240 Scope of chapter. Except to the extent
necessary to permit participation by first class cities in the
grade crossing protective fund, when an election to participate is made as provided in RCW 81.53.261 through
81.53.291, chapter 81.53 RCW is not operative within the
limits of first class cities, and does not apply to street
railway lines operating on or across any street, alley, or other
public place within the limits of any city, except that a street
car line outside of cities of the first class shall not cross a
railroad at grade without express authority from the commission. The commission may not change the location of a
state highway without the approval of the secretary of transportation, or the location of any crossing thereon adopted or
approved by the department of transportation, or grant a
railroad authority to cross a state highway at grade without
the consent of the secretary of transportation. [1984 c 7 §
375; 1969 c 134 § 8; 1961 c 14 § 81.53.240. Prior: (i)
1953 c 95 § 15; 1925 ex.s. c 179 § 3; 1913 c 30 § 21; RRS
§ 10531. (ii) 1959 c 283 § 7. Formerly RCW 81.52.300
and 81.52.380.]
Severability—1984 c 7: See note following RCW 47.01.141.
81.53.250 Employment of experts. The commission
may employ temporarily such experts, engineers, and
inspectors as may be necessary to supervise changes in
(2002 Ed.)
81.53.200
existing crossings undertaken under this chapter; the expense
thereof shall be paid by the railroad upon the request and
certificate of the commission, said expense to be included in
the cost of the particular change of grade on account of
which it is incurred, and apportioned as provided in this
chapter.
The commission may also employ such engineers and
other persons as permanent employees as may be necessary
to properly administer this chapter. [1961 c 14 § 81.53.250.
Prior: 1937 c 22 § 7; 1913 c 30 § 14; RRS § 10524.
Formerly RCW 81.52.330.]
81.53.261 Crossing signals, warning devices—
Petition, motion—Hearing—Order—Costs apportionment—Records not evidence for actions—Appeal.
Whenever the secretary of transportation or the governing
body of any city, town, or county, or any railroad company
whose road is crossed by any highway, shall deem that the
public safety requires signals or other warning devices, other
than sawbuck signs, at any crossing of a railroad at common
grade by any state, city, town, or county highway, road,
street, alley, avenue, boulevard, parkway, or other public
place actually open and in use or to be opened and used for
travel by the public, he or it shall file with the utilities and
transportation commission a petition in writing, alleging that
the public safety requires the installation of specified signals
or other warning devices at such crossing or specified
changes in the method and manner of existing crossing
warning devices. Upon receiving such petition, the commission shall promptly set the matter for hearing, giving at least
twenty days notice to the railroad company or companies
and the county or municipality affected thereby, or the
secretary of transportation in the case of a state highway, of
the time and place of such hearing. At the time and place
fixed in the notice, all persons and parties interested shall be
entitled to be heard and introduce evidence, which shall be
reduced to writing and filed by the commission. If the
commission shall determine from the evidence that public
safety does not require the installation of the signal, other
warning device or change in the existing warning device
specified in the petition, it shall make determinations to that
effect and enter an order denying said petition in toto. If the
commission shall determine from the evidence that public
safety requires the installation of such signals or other
warning devices at such crossing or such change in the
existing warning devices at said crossing, it shall make
determinations to that effect and enter an order directing the
installation of such signals or other warning devices or
directing that such changes shall be made in existing warning devices. The commission shall also at said hearing
apportion the entire cost of installation and maintenance of
such signals or other warning devices, other than sawbuck
signs, as provided in RCW 81.53.271: PROVIDED, That
upon agreement by all parties to waive hearing, the commission shall forthwith enter its order.
No railroad shall be required to install any such signal
or other warning device until the public body involved has
either paid or executed its promise to pay to the railroad its
portion of the estimated cost thereof.
Nothing in this section shall be deemed to foreclose the
right of the interested parties to enter into an agreement,
[Title 81 RCW—page 43]
81.53.261
Title 81 RCW: Transportation
franchise, or permit arrangement providing for the installation of signals or other warning devices at any such crossing
or for the apportionment of the cost of installation and
maintenance thereof, or compliance with an existing agreement, franchise, or permit arrangement providing for the
same.
The hearing and determinations authorized by this
section may be instituted by the commission on its own
motion, and the proceedings, hearing, and consequences
thereof shall be the same as for the hearing and determination of any petition authorized by this section.
No part of the record, or a copy thereof, of the hearing
and determination provided for in this section and no
finding, conclusion, or order made pursuant thereto shall be
used as evidence in any trial, civil or criminal, arising out of
an accident at or in the vicinity of any crossing prior to
installation of signals or other warning devices pursuant to
an order of the commission as a result of any such investigation.
Any order entered by the utilities and transportation
commission under this section shall be subject to review,
supersedeas and appeal as provided in RCW 81.04.170
through 81.04.190, respectively.
Nothing in this section shall be deemed to relieve any
railroad from liability on account of failure to provide
adequate protective devices at any such crossing. [1982 c 94
§ 1; 1969 c 134 § 1.]
Application—1982 c 94: "The provisions of this act shall not apply
to those petitions acted upon by the commission prior to July 10, 1982."
[1982 c 94 § 5.]
Reviser’s note: The term "this act" refers to the amendment by 1982
c 94 of RCW 81.53.261, 81.53.271, 81.53.281, and 81.53.295.
81.53.271 Crossing signals, warning devices—
Petition contents—Apportionment of installation and
maintenance costs. The petition shall set forth by description the location of the crossing or crossings, the type of
signal or other warning device to be installed, the necessity
from the standpoint of public safety for such installation, the
approximate cost of installation and related work, and the
approximate annual cost of maintenance. If the commission
directs the installation of a grade crossing protective device,
and a federal-aid funding program is available to participate
in the costs of such installation, both installation and
maintenance costs of the device shall be apportioned in
accordance with the provisions of RCW 81.53.295. Otherwise if installation is directed by the commission, it shall
apportion the cost of installation and maintenance as provided in this section:
Installation: (1) Sixty percent to the grade crossing
protective fund, created by RCW 81.53.281;
(2) Thirty percent to the city, town, county, or state; and
(3) Ten percent to the railroad:
PROVIDED, That, if the proposed installation is located
at a new crossing requested by a city, town, county, or state,
forty percent of the cost shall be apportioned to the city,
town, county, or state, and none to the railroad. If the
proposed installation is located at a new crossing requested
by a railroad, then the entire cost shall be apportioned to the
railroad. In the event the city, town, county, or state should
concurrently petition the commission and secure an order
authorizing the closure of an existing crossing or crossings
[Title 81 RCW—page 44]
in proximity to the crossing for which installation of signals
or other warning devices shall have been directed, the apportionment to the petitioning city, town, county, or state
shall be reduced by ten percent of the total cost for each
crossing ordered closed and the apportionment from the
grade crossing protective fund increased accordingly. This
exception shall not be construed to permit a charge to the
grade crossing protective fund in an amount greater than the
total cost otherwise apportionable to the city, town, county,
or state. No reduction shall be applied where one crossing
is closed and another opened in lieu thereof, nor to crossings
of a private nature.
Maintenance: (1) Twenty-five percent to the grade
crossing protective fund, created by RCW 81.53.281; and
(2) Seventy-five percent to the railroad:
PROVIDED, That if the proposed installation is located
at a new crossing requested by a railroad, then the entire
cost shall be apportioned to the railroad. [1982 c 94 § 2;
1975 1st ex.s. c 189 § 1; 1973 1st ex.s. c 77 § 1; 1969 c 134
§ 2.]
Application—1982 c 94: See note following RCW 81.53.261.
81.53.275 Crossing signals, warning devices—
Apportionment when funds not available from grade
crossing protective fund. In the event funds are not
available from the grade crossing protective fund, the
commission shall apportion to the parties on the basis of the
benefits to be derived by the public and the railroad, respectively, that part of the cost which would otherwise be
assigned to the fund: PROVIDED, That in such instances
the city, town, county or state shall not be assessed more
than sixty percent of the total cost of installation on other
than federal aid designated highway projects: AND PROVIDED FURTHER, That in such instances the entire cost of
maintenance shall be apportioned to the railroad. [1969 ex.s.
c 281 § 18; 1969 c 134 § 7.]
81.53.281 Crossing signals, warning devices—Grade
crossing protective fund—Created—Transfer of funds—
Allocation of costs—Procedure—Federal funding—
Recovery of costs. There is hereby created in the state
treasury a "grade crossing protective fund," to which shall be
transferred all moneys appropriated for the purpose of
carrying out the provisions of RCW 81.53.261, 81.53.271,
81.53.281, 81.53.291, and 81.53.295. At the time the
commission makes each allocation of cost to said grade
crossing protective fund, it shall certify that such cost shall
be payable out of said fund. When federal-aid highway
funds are not involved, the railroad shall, upon completion
of the installation of any such signal or other protective
device and related work, present its claim for reimbursement
for the cost of installation and related work from said fund
of the amount allocated thereto by the commission. The
annual cost of maintenance shall be presented and paid in a
like manner. When federal-aid highway funds are involved,
the department of transportation shall, upon entry of an order
by the commission requiring the installation or upgrading of
a grade crossing protective device, submit to the commission
an estimate for the cost of the proposed installation and
related work. Upon receipt of the estimate the commission
shall pay to the department of transportation the percentage
(2002 Ed.)
Railroads—Crossings
of the estimate specified in RCW 81.53.295, as now or
hereafter amended, to be used as the grade crossing protective fund portion of the cost of the installation and related
work. The commission is hereby authorized to recover
administrative costs from said fund in an amount not to exceed three percent of the direct appropriation provided for
any biennium, and in the event administrative costs exceed
three percent of the appropriation, the excess shall be
chargeable to regulatory fees paid by railroads pursuant to
RCW 81.24.010.
The office of financial management shall direct the state
treasurer to transfer to the motor vehicle fund an amount not
to exceed $1,331,000 from the grade crossing protective fund
for the 1987-89 fiscal biennium. [1998 c 245 § 166; 1987
c 257 § 1; 1985 c 405 § 509; 1982 c 94 § 3; 1975 1st ex.s.
c 189 § 2; 1973 c 115 § 4; 1969 c 134 § 3.]
Severability—1985 c 405: See note following RCW 9.46.100.
Application—1982 c 94: See note following RCW 81.53.261.
81.53.291 Crossing signals, warning devices—
Operational scope—Election by first class cities—
Procedure. RCW 81.53.261 through 81.53.291 shall be
operative within the limits of all cities, towns and counties,
except cities of the first class. Cities of the first class may
elect as to each particular crossing whether RCW 81.53.261
through 81.53.291 shall apply. Such election shall be made
by the filing by such city of a petition as provided for in
RCW 81.53.261 with the utilities and transportation commission, or by a statement filed with the commission accepting
jurisdiction, when such petition is filed by others. [1969 c
134 § 4.]
81.53.295 Crossing signals, warning devices, etc.—
Federal funds used to pay installation costs—Grade
crossing protective fund—State and local authorities to
pay remaining installation costs—Railroad to pay maintenance costs. Whenever federal-aid highway funds are
available and are used to pay a portion of the cost of
installing a grade crossing protective device, and related
work, at a railroad crossing of any state highway, city or
town street, or county road at the then prevailing federal-aid
matching rate, the grade crossing protective fund shall pay
ten percent of the remaining cost of such installation and
related work. The state or local authority having jurisdiction
of such highway, street, or road shall pay the balance of the
remaining cost of such installation and related work. The
railroad whose road is crossed by the highway, street, or
road shall thereafter pay the entire cost of maintaining the
device. [1982 c 94 § 4; 1975 1st ex.s. c 189 § 3.]
Application—1982 c 94: See note following RCW 81.53.261.
81.53.400 Traffic control devices during construction, repair, etc. of crossing or overpass—Required.
Whenever any railroad company engages in the construction,
maintenance, or repair of a crossing or overpass, the company shall install and maintain traffic control devices adequate
to protect the public and railroad employees, subject to the
requirements of RCW 81.53.410 and 81.53.420. [1977 ex.s.
c 168 § 1.]
(2002 Ed.)
81.53.281
81.53.410 Traffic control devices during construction, repair, etc. of crossing or overpass—Standards and
conditions. All traffic control devices used under RCW
81.53.400 shall be subject to the following conditions:
(1) Any traffic control devices shall be used at a repair
or construction site only so long as the devices are needed
or applicable. Any devices that are no longer needed or
applicable shall be removed or inactivated so as to prevent
confusion;
(2) All barricades, signs, and similar devices shall be
constructed and installed in a workmanlike manner;
(3) Bushes, weeds, or any other material or object shall
not be allowed to obscure any traffic control devices;
(4) All signs, barricades, and other control devices
intended for use during hours of darkness shall be adequately
illuminated or reflectorized, with precautions taken to protect
motorists from glare; and
(5) Flagpersons shall be provided where necessary to
adequately protect the public and railroad employees. The
flagpersons shall be responsible and competent and possess
at least average intelligence, vision, and hearing. They shall
be neat in appearance and courteous to the public. [1977
ex.s. c 168 § 2.]
81.53.420 Traffic control devices during construction, repair, etc. of crossing or overpass—Rules. The
utilities and transportation commission shall adopt rules to
implement the provisions of RCW 81.53.400 and 81.53.410
pursuant to chapter 34.05 RCW. The commission shall
invite the participation of all interested parties in any hearings or proceedings taken under this section, including any
parties who request notice of any proceedings.
Any rules adopted under this section and any devices
employed under RCW 81.53.410 shall conform to the
national standards established by the current manual, including any future revisions, on the Uniform Traffic Control
Devices as approved by the American National Standards
Institute as adopted by the federal highway administrator of
the United States department of transportation.
Rules adopted by the commission shall specifically
prescribe the duties, procedures, and equipment to be used
by the flagpersons required by RCW 81.53.410.
RCW 81.53.400 through 81.53.420 and rules adopted
thereunder shall be enforced by the commission under the
provisions of chapter 81.04 RCW: PROVIDED, That rules
adopted by the commission shall recognize that cities with
a population in excess of four hundred thousand are responsible for specific public thoroughfares and have the specific
responsibility and authority for determining the practices
relating to safeguarding the public during construction,
repair, and maintenance activities. [1977 ex.s. c 168 § 3.]
81.53.900 Effective date—1975 1st ex.s. c 189. This
1975 amendatory act is necessary for the immediate preservation of the public peace, health, and safety, the support of
the state government and its existing public institutions, and
shall take effect July 1, 1975. [1975 1st ex.s. c 189 § 4.]
[Title 81 RCW—page 45]
Chapter 81.54
Title 81 RCW: Transportation
Chapter 81.54
RAILROADS—INSPECTION
OF INDUSTRIAL CROSSINGS
Sections
81.54.010
81.54.020
81.54.030
81.54.040
Definitions.
Annual inspection of industrial crossings.
Reimbursement of inspection cost.
Chapter not operative within first class cities.
81.54.010 Definitions. The term "grade crossing"
when used in this chapter means any point or place where a
logging or industrial railroad crosses a highway or a highway
crosses such railroad or such railroad crosses any other
railroad, at a common grade.
The term "over-crossing" when used in this chapter
means any point or place where a highway crosses a railroad
by passing above the same.
The term "under-crossing" when used in this chapter
means any point or place where a highway crosses a railroad
by passing under the same.
The term "over-crossing" or "under-crossing" shall also
mean any point or place where one railroad crosses another
railroad not at grade.
The term "logging" or "industrial" railroad when used in
this chapter shall include every railway owned or operated
primarily for the purpose of carrying the property of its
owners or operators or a limited class of persons, with all
tracks, spurs and sidings used in connection therewith.
[1961 c 14 § 81.54.010. Prior: 1941 c 161 § 1; Rem. Supp.
1941 § 10511-1. Formerly RCW 81.52.080, part.]
81.54.020 Annual inspection of industrial crossings.
All grade crossings, under-crossings and over-crossings on
the line of every logging and other industrial railway as
herein defined shall be inspected annually by the commission
as to condition, also maintenance, and safety in the interest
of the public, for the purpose that the commission may, if it
shall deem it necessary, require such improvements, changes
and repairs as in its judgment are proper to the end that
adequate safety shall be provided for the public. [1961 c 14
§ 81.54.020. Prior: 1941 c 161 § 2; Rem. Supp. 1941 §
10511-2. Formerly RCW 81.52.310.]
81.54.030 Reimbursement of inspection cost. Every
person operating any logging railroad or industrial railway
shall, prior to July 1st of each year, file with the commission
a statement showing the number of, and location, by name
of highway, quarter section, section, township, and range of
all crossings on his line and pay with the filing a fee for
each crossing so reported. The commission shall, by order,
fix the exact fee based on the cost of rendering such inspection service. All fees collected shall be deposited in the
state treasury to the credit of the public service revolving
fund. Intersections having one or more tracks shall be
treated as a single crossing. Tracks separated a distance in
excess of one hundred feet from the nearest track or group
of tracks shall constitute an additional crossing. Where two
or more independently operated railroads cross each other or
the same highway intersection, each independent track shall
constitute a separate crossing.
[Title 81 RCW—page 46]
Every person failing to make the report and pay the fees
required, shall be guilty of a misdemeanor and in addition be
subject to a penalty of twenty-five dollars for each day that
the fee remains unpaid after it becomes due. [1991 c 46 §
1; 1961 c 14 § 81.54.030. Prior: 1951 c 111 § 1; 1941 c
161 § 3; Rem. Supp. 1941 § 10511-3. Formerly RCW
81.52.320.]
81.54.040 Chapter not operative within first class
cities. This chapter shall not be operative within the limits
of cities of the first class. [1961 c 14 § 81.54.040. Prior:
1953 c 95 § 16; 1951 c 111 § 2. Formerly RCW
81.52.325.]
Chapter 81.56
RAILROADS—SHIPPERS AND PASSENGERS
Sections
81.56.010 Distribution of cars.
81.56.020 Distributing book must be kept.
81.56.030 Discrimination prohibited—Connecting lines.
81.56.040 Equal privileges.
81.56.050 Joint rates and through routes.
81.56.060 Forest products—Scales at junctions.
81.56.070 Forest products—Charges, how based.
81.56.080 Forest products—Shipper’s count and weight.
81.56.100 Forest products—Penalty.
81.56.110 Forest products—Special contracts regarding weights.
81.56.120 Cruelty to stock in transit—Penalty.
81.56.130 Commission rules to expedite traffic.
81.56.140 Agent—Fixed place of business.
81.56.150 Regulating sale of passenger tickets.
81.56.160 Redemption of unused tickets.
Constitutional limitations, generally: State Constitution Art. 12.
Express companies: State Constitution Art. 12 § 21.
81.56.010 Distribution of cars. Every railroad
company shall upon reasonable notice, furnish to all persons
and corporations who may apply therefor and offer property
for transportation sufficient and suitable cars for the transportation of such property in carload lots. In case at any
particular time a railroad company has not sufficient cars to
meet all the requirements for transportation of property in
carload lots, all cars available for such purpose shall be
distributed among the several applicants therefor, without
unjust discrimination between shippers, localities or competitive or noncompetitive points. [1961 c 14 § 81.56.010.
Prior: 1911 c 117 § 11; RRS § 10347.]
81.56.020 Distributing book must be kept. Every
railroad company shall keep, subject to the inspection of any
bona fide shipper, a book or books known as "car distributing book," which shall be kept by such officer or officers,
employees of such railroad, and in such manner and form as
the commission shall direct, showing among other things all
orders for cars received by such railroad company, the name
of the person ordering the same, the time when and place
where such cars are required, the time when and place where
such cars were supplied, and such other matters and information as the commission may prescribe. [1961 c 14 §
81.56.020. Prior: 1911 c 117 § 12; RRS § 10348.]
(2002 Ed.)
Railroads—Shippers and Passengers
81.56.030 Discrimination prohibited—Connecting
lines. Every railroad company shall, under such regulations
as may be prescribed by the commission, afford all reasonable, proper and equal facilities for the interchange of
passengers, tonnage and cars, loaded or empty, between the
lines, owned, operated, controlled or leased by it and the
lines of every other railroad company; and shall, under such
regulations as the commission may prescribe, receive and
transport, without delay or discrimination, the passengers,
tonnage and cars, loaded or empty, of any connecting line of
railroad: PROVIDED, That perishable freight of all kinds
and livestock shall have precedence of shipment. Every
railroad company as such is required to receive from every
other railroad company at a connecting point the tonnage
carried by such other railroad company in the cars in which
the same may be loaded, and haul the same through to the
point of destination if the destination be upon a line owned,
operated or controlled by such railroad company, or, if the
destination be upon the line of some other railroad company,
to haul such tonnage in such cars through to the connecting
point upon the line operated, owned, controlled or leased by
it by way of route over which such car is billed, and there
deliver the same to the next connecting carrier under such
regulations as the commission may prescribe. [1961 c 14 §
81.56.030. Prior: 1911 c 117 § 24; RRS § 10360.]
81.56.040 Equal privileges. No railroad corporation
or company organized or doing business in this state shall
allow any telegraph or telephone company, or any individual,
any facilities, privileges or rates for transportation of men or
material, or for repairing their lines, not allowed to all
telegraph and telephone companies and individuals. [1961
c 14 § 81.56.040. Prior: 1890 p 292 § 4; RRS § 11341.]
81.56.050 Joint rates and through routes. Whenever
the commission shall be of opinion, after hearing had upon
its own motion or upon complaint, that the rates and charges
in force over two or more railroads, between any two points
in the state, are unjust, unreasonable or excessive, or that no
satisfactory through route or joint rate exists between such
points, and that the public necessities and convenience
demand the establishment of a through route and a joint rate
between such points, the commission may order such
railroads to establish such through route, and may establish
and fix a joint rate which will be fair, just, reasonable and
sufficient, to be followed, charged, enforced, demanded and
collected in the future, and the commission may order that
carload freight moving between such points shall be carried
by the different companies, parties to such through route and
joint rate, without being transferred from the originating cars.
In case no agreement exists between such railroads for the
interchange of cars, then the commission, before making
such order, shall be empowered to, and it shall be its duty,
to make rules for the expeditious and safe return and proper
compensation for the cars so loaded by the company or
companies receiving the same. [1961 c 14 § 81.56.050.
Prior: 1911 c 117 § 57; RRS § 10393.]
81.56.060 Forest products—Scales at junctions. All
railroad companies operating as common carriers within the
limits of this state, shall be required to provide scales, and
(2002 Ed.)
81.56.030
weigh at junction or at some common point within this state
all cars loaded with lumber, shingles or other forest products
for shipment. [1961 c 14 § 81.56.060. Prior: 1905 c 126
§ 1; RRS § 10474.]
81.56.070 Forest products—Charges, how based.
All charges for freight on said commodities, except where
error is apparent, shall be based on the weights determined
by the weighing stations within the limits of this state, and
all bills of lading of railroad companies operating within the
limits of this state shall specify these provisions: PROVIDED, That RCW 81.56.060 through 81.56.110 shall not apply
to switching charges or to the handling of logs where the
charge is by the car or by the thousand feet. [1961 c 14 §
81.56.070. Prior: 1905 c 126 § 2; RRS § 10475.]
81.56.080 Forest products—Shipper’s count and
weight. Any railroad company’s employee acting as
weigher shall upon request of any shipper give him a
statement showing gross and net weight of any shipment by
him. Sworn count and weight of shipper shall be presumptive evidence of true weight where error in railroad weights
is apparent. [1961 c 14 § 81.56.080. Prior: 1905 c 126 §
3; RRS § 10476.]
81.56.100 Forest products—Penalty. In case of
violation of the provisions of RCW 81.56.060 through
81.56.110 by any railroad company, it shall pay a penalty of
twenty dollars for every car it shall neglect to weigh and bill
within the state as above provided, to be recovered from
such company in action where there is any agent of such
railroad company who may be served with process, and the
penalties recovered under RCW 81.56.060 through 81.56.110
shall be paid into the county treasury in such county where
action is taken. [1961 c 14 § 81.56.100. Prior: 1905 c 126
§ 5; RRS § 10478.]
81.56.110 Forest products—Special contracts
regarding weights. Nothing contained in RCW 81.56.060
through 81.56.110 shall interfere with the right of the shipper
and carrier to enter into a private contract regarding weights
when it is impracticable to weigh. [1961 c 14 § 81.56.110.
Prior: 1905 c 126 § 6; RRS § 10479.]
81.56.120 Cruelty to stock in transit—Penalty.
Railroad companies in carrying or transporting animals shall
not permit them to be confined in cars for a longer period
than forty-eight consecutive hours without unloading them
for rest, water and feeding for a period of at least two
consecutive hours, unless prevented from so unloading them
by unavoidable accident. In estimating such confinement,
the time during which the animals have been confined
without such rest on connecting roads from which they are
received shall be included. Animals so unloaded shall,
during such rest, be properly fed, watered by the owner or
person having the custody of them, or in case of his default
in so doing, then by the railroad company transporting them,
at the expense of said owner or person in custody thereof,
and said company shall in such case have a lien upon such
animals for food, care and custody furnished, and shall not
be liable for such detention of such animals. If animals are
[Title 81 RCW—page 47]
81.56.120
Title 81 RCW: Transportation
transported where they can and do have proper food, water,
space and opportunity for rest, the foregoing provision in
regard to their being unloaded shall not apply. Violators of
this section shall be punished by fine not exceeding one
thousand dollars per animal. [1994 c 261 § 19; 1961 c 14
§ 81.56.120. Prior: 1893 c 27 § 4; RRS § 10494.]
Finding—Intent—1994 c 261: See note following RCW 16.52.011.
81.56.130 Commission rules to expedite traffic. The
commission shall have, and it is hereby given, power to
provide by proper rules and regulations the time within
which all railroads shall furnish, after demand therefor, all
cars, equipment and facilities for the handling of freight in
carload and less than carload lots, and receiving, gathering
and transporting, after demand, of all express packages and
the delivery thereof at destination, the extent of free gathering and distributing limits for express packages in cities and
towns, the distance that freight shall be transported each day
after receipt, the time within which consignors or persons
ordering cars shall load the same, and the time within which
consignees and persons to whom freight may be consigned
shall unload and discharge the same and receive freight from
the freight rooms, and to provide the penalties to be paid to
consignors and consignees for delays on the part of railroads
to conform to such rules, and prescribe the penalty to be
paid by consignors and consignees to railroads for failure to
observe such rules. [1961 c 14 § 81.56.130. Prior: 1911 c
117 § 59; RRS § 10395.]
ed for, shall be guilty of a misdemeanor. [1961 c 14 §
81.56.150. Prior: 1909 c 249 § 396; RRS § 2648.]
81.56.160 Redemption of unused tickets. Every
person or corporation engaged wholly or in part in the
business of carrying passengers for hire in this state, and
every authorized ticket agent thereof, to whom there shall be
presented by the holder thereof, within one year after its
expiration, any passage ticket or part thereof, or other
evidence of right to travel, wholly or in part upon the
railroad or boat of such person or corporation, which shall
be wholly or partially unused, who shall fail to redeem the
same within three days after presentation, upon the following
terms, to wit:
(1) When wholly unused, for the price paid therefor; and
(2) When partially unused, for the price paid therefor,
less the regular toll or charge for the passage had;
Shall be punished by a fine of not more than five
hundred dollars, and in addition thereto shall forfeit to the
holder of such ticket or part thereof or other evidence of a
right to travel, three times the redeemable value thereof.
[1961 c 14 § 81.56.160. Prior: 1909 c 249 § 397; RRS §
2649.]
Chapter 81.60
RAILROADS—RAILROAD POLICE
AND REGULATIONS
(Formerly: Railroads—Special police and police regulations)
81.56.140 Agent—Fixed place of business. Every
agent, person, firm, or corporation engaged in selling, issuing
or dealing in railroad passenger transportation in this state,
must have a fixed place of business in the town or city
wherein such agent, person, firm, or corporation transacts
said business, and such agent, person, firm or corporation is
hereby required to keep the certificate mentioned in RCW
81.56.150, posted in a conspicuous place in such place of
business. [1961 c 14 § 81.56.140. Prior: 1905 c 180 § 2;
RRS § 10497.]
81.56.150 Regulating sale of passenger tickets. It
shall be the duty of every person or corporation engaged
wholly or in part in the business of carrying passengers for
hire, to provide every agent authorized to sell its passage
tickets in this state, with a certificate of his authority,
attested by its seal and the signature of its manager, secretary or general passenger agent, which shall contain a
designation of the place of business at which such authority
shall be exercised.
Every person and every corporation or association, and
every officer, agent or employee thereof who shall sell,
exchange or transfer, or have in his possession with intent to
sell, exchange or transfer, or maintain, conduct or operate
any office or place of business for the sale, exchange or
transfer of any passage ticket or pass or part thereof, or any
other evidence of a right to travel upon any railroad or boat,
whether the same be owned or operated within or without
the limits of this state, in any place except his place of
business, or within such place of business without having
rightfully in his possession and posted in a conspicuous
place therein the certificate of authority hereinabove provid[Title 81 RCW—page 48]
Sections
81.60.010
Criminal justice training commission may appoint railroad
police officers.
81.60.020 Application for appointment.
81.60.030 Oath.
81.60.040 Duties.
81.60.050 Badge.
81.60.060 Liability for unlawful acts.
81.60.070 Malicious injury to railroad property.
81.60.080 Sabotaging rolling stock.
81.60.090 Receiving stolen railroad property.
Intoxication of railway employee: RCW 9.91.020.
Tampering with lights, signals, etc.: RCW 88.08.020.
81.60.010 Criminal justice training commission may
appoint railroad police officers. The criminal justice
training commission shall have the power to and may in its
discretion appoint and commission railroad police officers at
the request of any railroad corporation and may revoke any
appointment at its pleasure. [2001 c 72 § 1; 1961 c 14 §
81.60.010. Prior: 1915 c 118 § 1; RRS § 10542.]
81.60.020 Application for appointment. Any
railroad corporation desiring the appointment of any of its
officers, agents, or servants not exceeding twenty-five in
number for any one division of any railroad operating in this
state as railroad police officers shall file a request with the
criminal justice training commission on an approved application form. The application shall be signed by the president
or some managing officer of the railroad corporation and
shall be accompanied by an affidavit stating that the officer
is acquainted with the person whose appointment is sought,
that the officer believes the person to be of good moral
(2002 Ed.)
Railroads—Railroad Police and Regulations
character, and that the person is of such character and
experience that he or she can be safely entrusted with the
powers of a police officer.
For the purposes of this section, "division" means the
part of any railroad or railroads under the jurisdiction of any
one division superintendent. [2001 c 72 § 2; 1961 c 14 §
81.60.020. Prior: 1955 c 99 § 1; 1915 c 118 § 2; RRS §
10543.]
81.60.030 Oath. Before receiving a commission each
person appointed under the provisions of RCW 81.60.010
through 81.60.060 shall successfully complete a course of
training prescribed or approved by the criminal justice
training commission, and shall take, subscribe, and file with
the commission an oath to support the Constitution of the
United States and the Constitution and laws of the state of
Washington, and to faithfully perform the duties of the
office. The corporation requesting appointment of a railroad
police officer shall bear the full cost of training.
Railroad police officers appointed and commissioned
under RCW 81.60.010 through 81.60.060 are subject to rules
and regulations adopted by the commission. [2001 c 72 § 3;
1961 c 14 § 81.60.030. Prior: 1915 c 118 § 3; RRS §
10544.]
81.60.040 Duties. Every police officer appointed and
commissioned under the provisions of RCW 81.60.010
through 81.60.060 shall when on duty have the power and
authority conferred by law on peace officers, but shall
exercise such power only in the protection of the property
belonging to or under the control of the corporation at whose
instance the officer is appointed and in preventing, and
making arrest for, violations of law upon or in connection
with such property. [2001 c 72 § 4; 1961 c 14 § 81.60.040.
Prior: 1915 c 118 § 4; RRS § 10545.]
81.60.050 Badge. Every railroad police officer shall,
when on duty, wear in plain view a badge bearing the words
"railroad police" and the name of the corporation by which
the officer is employed, or carry, and present upon request,
official credentials identifying the railroad police officer and
corporation. [2001 c 72 § 5; 1961 c 14 § 81.60.050. Prior:
1915 c 118 § 5; RRS § 10546.]
81.60.020
any dangerous missile at any train, engine, motor, or car on
any railway, shall be punished by imprisonment in a state
correctional facility for not more than ten years. [1999 c
352 § 4; 1992 c 7 § 60; 1961 c 14 § 81.60.070. Prior:
1909 c 249 § 398; RRS § 2650.]
Application—1999 c 352 §§ 3-5: See note following RCW
9.94A.515.
81.60.080 Sabotaging rolling stock. Any person or
persons who shall willfully or maliciously, with intent to
injure or deprive the owner thereof, take, steal, remove,
change, add to, alter, or in any manner interfere with any
journal bearing, brass, waste, packing, triple valve, pressure
cock, brake, air hose, or any other part of the operating
mechanism of any locomotive, engine, tender, coach, car,
caboose, or motor car used or capable of being used by any
railroad or railway company in this state, shall be guilty of
a felony, and upon conviction thereof shall be punished by
imprisonment in a state correctional facility for not more
than five years, or by a fine not exceeding one thousand
dollars, or by both such fine and imprisonment. [1992 c 7
§ 61; 1961 c 14 § 81.60.080. Prior: 1941 c 212 § 1; Rem.
Supp. 1941 § 2650-1.]
81.60.090 Receiving stolen railroad property. Every
person who shall buy or receive any of the property described in RCW 81.60.080, knowing the same to have been
stolen, shall be guilty of a felony, and upon conviction
thereof shall be punished as provided in RCW 81.60.080.
[1961 c 14 § 81.60.090. Prior: 1941 c 212 § 2; Rem. Supp.
1941 § 2650-2.]
Chapter 81.61
RAILROADS—PASSENGER-CARRYING VEHICLES
FOR EMPLOYEES
Sections
81.61.010
81.61.020
81.61.030
81.61.040
"Passenger-carrying vehicle" defined.
Minimum standards for safe maintenance and operation—
Rules and orders—Scope.
Rules and orders—Adoption and enforceability—Hearings—
Notice.
Inspection authorized in enforcing rules and orders.
81.60.060 Liability for unlawful acts. The corporation procuring the appointment of any railroad police shall
be solely responsible for the compensation for the officer’s
services and shall be liable civilly for any unlawful act of
the officer resulting in damage to any person or corporation.
[2001 c 72 § 6; 1961 c 14 § 81.60.060. Prior: 1915 c 118
§ 6; RRS § 10547.]
81.61.010 "Passenger-carrying vehicle" defined.
Unless the context clearly requires otherwise, the term
"passenger-carrying vehicle" as used in this chapter means
those buses and trucks owned, operated and maintained by
a railroad company which transports railroad employees in
other than the cab of such vehicle and designed primarily for
operation on roads which may or may not be equipped with
retractable flanged wheels for operation on railroad tracks.
[1977 ex.s. c 2 § 1.]
81.60.070 Malicious injury to railroad property.
Every person who, in such manner as might, if not discovered, endanger the safety of any engine, motor, car or train,
or any person thereon, shall in any manner interfere or
tamper with or obstruct any switch, frog, rail, roadbed,
sleeper, viaduct, bridge, trestle, culvert, embankment,
structure, or appliance pertaining to or connected with any
railway, or any train, engine, motor, or car on such railway,
and every person who shall discharge any firearm or throw
81.61.020 Minimum standards for safe maintenance
and operation—Rules and orders—Scope. The utilities
and transportation commission shall adopt such rules and
orders as are necessary to insure that every passengercarrying vehicle provided by a railroad company to transport
employees in the course of their employment shall be maintained and operated in a safe manner whether it is used on
(2002 Ed.)
[Title 81 RCW—page 49]
81.61.020
Title 81 RCW: Transportation
a public or private road or railroad. Such rules and orders
shall establish minimum standards for:
(1) The construction and mechanical equipment of the
passenger-carrying vehicles, including coupling devices,
lighting devices and reflectors, exhaust system, rear vision
mirrors, service and parking brakes, steering mechanisms,
tires, warning and signaling devices, windshield wipers and
heating equipment capable of maintaining a reasonable
temperature in passenger areas;
(2) The operation of passenger-carrying vehicles,
including driving rules, the loading and carrying of passengers, maximum daily hours of service by drivers, minimum
age and skill of drivers, physical condition of drivers,
refueling, road warning devices, and the transportation of
gasoline and explosives;
(3) The safety of passengers in a passenger-carrying
vehicle, including emergency exits, fire extinguishers, first
aid kits, facilities for communication between cab and rear
compartments, means of ingress and egress, side walls,
canopy, and tail gates or other means of retaining passengers
within the passenger-carrying vehicle. [1977 ex.s. c 2 § 2.]
81.61.030 Rules and orders—Adoption and enforceability—Hearings—Notice. Any rules or orders adopted
under this chapter shall be subject to the requirements of,
and enforceable by the penalties imposed by chapter 81.04
RCW. Any interested person or group may request notice
of, and participate in any hearings or proceedings held
pursuant to this chapter. The commission shall conduct a
hearing prior to the adoption of any rule or order under this
chapter. [1977 ex.s. c 2 § 3.]
81.61.040 Inspection authorized in enforcing rules
and orders. The commission may, in enforcing rules and
orders under this chapter, inspect any passenger-carrying
vehicle provided by a railroad company to transport employees in the course of their employment. Upon request,
the chief of the state patrol may assist the commission in
these inspections. [1977 ex.s. c 2 § 4.]
Chapter 81.64
STREET RAILWAYS
Sections
81.64.010
81.64.020
Grant of franchise.
Application to county legislative authority—Notice—
Hearing—Order.
81.64.030 May cross public road.
81.64.040 Eminent domain.
81.64.050 Right of entry.
81.64.060 Purchase or lease of street railway property.
81.64.070 Consolidation of companies.
81.64.080 Fares and transfers.
81.64.090 Competent employees required.
81.64.100 "Competent" defined.
81.64.110 Penalty.
81.64.120 Car equipment specified.
81.64.130 Penalty.
81.64.140 Weather guards.
81.64.150 Penalty.
81.64.160 Hours of labor.
81.64.170 Penalty.
Bridges across navigable waters: RCW 79.91.090 through 79.91.120.
Municipal transportation systems: Title 35 RCW.
[Title 81 RCW—page 50]
81.64.010 Grant of franchise. The legislative
authority of the city or town having control of any public
street or road, or where such street or road is not within the
limits of any incorporated city or town, then the board of
county commissioners wherein such road or street is situated,
may grant authority for the construction, maintenance and
operation of electric railroads or railways, motor railroads or
railways and railroads and railways of which the motive
power is any power other than steam, together with such
poles, wires and other appurtenances upon, over, along and
across any such public street or road and in granting such
authority the legislative authority of such city or town or the
board of county commissioners, as the case may be, may
prescribe the terms and conditions on which such railroads
or railways and their appurtenances shall be constructed,
maintained and operated upon, over, along and across such
road or street, and the grade or elevation at which the same
shall be maintained and operated. [1961 c 14 § 81.64.010.
Prior: 1907 c 99 § 1, part; 1903 c 175 § 1, part; RRS §
11082, part.]
81.64.020 Application to county legislative authority—Notice—Hearing—Order. On application being made
to the county legislative authority for such authority, the
county legislative authority shall fix a time and place for
hearing the same, and shall cause the county auditor to give
public notice thereof at the expense of the applicant, by
posting written or printed notices in three public places in
the county seat of the county, and in at least one conspicuous place on the road or street or part thereof, for which
application is made, at least thirty days before the day fixed
for the hearing, and by publishing a like notice once a week
for two consecutive weeks in the official county newspaper,
the last publication to be at least five days before the day
fixed for the hearing, which notice shall state the name or
names of the applicant or applicants, a description of the
roads or streets or parts thereof for which the application is
made, and the time and place fixed for the hearing. The
hearing may be adjourned from time to time by order of the
county legislative authority. If, after the hearing, the county
legislative authority shall deem it to be for the public interest
to grant the authority in whole or in part, it may make and
enter the proper order granting the authority applied for or
such part thereof as it deems to be for the public interest,
and shall require such railroad or railway and its appurtenances to be placed in such location on or along the road or
street as it finds will cause the least interference with other
uses of the road or street. [1985 c 469 § 63; 1961 c 14 §
81.64.020. Prior: 1907 c 99 § 1, part; 1903 c 175 § 1, part;
RRS § 11082, part.]
81.64.030 May cross public road. In case any such
railroad or railway, is or shall be located in part on private
right of way, the owner thereof shall have the right to
construct and operate the same across any county road or
county street which intersects such private right of way, if
such crossing is so constructed and maintained as to do no
unnecessary damage: PROVIDED, That any person or
corporation constructing such crossing or operating such
railroad or railway on or along such county road or public
street shall be liable to the county for all necessary expense
(2002 Ed.)
Street Railways
incurred in restoring such county road or public street to a
suitable condition for travel. [1961 c 14 § 81.64.030. Prior:
1907 c 99 § 1, part; 1903 c 175 § 1, part; RRS § 11082,
part.]
81.64.040 Eminent domain. Every corporation
incorporated or that may hereafter be incorporated under the
laws of this state, or of any other state or territory of the
United States and doing business in this state for the purpose
of operating railroads or railways by electric power, shall
have the right to appropriate real estate and other property
for right of way or for any corporate purpose, in the same
manner and under the same procedure as now is or may
hereafter be provided by law in the case of ordinary railroad
corporations authorized by the laws of this state to exercise
the right of eminent domain: PROVIDED, That such right
of eminent domain shall not be exercised with respect to any
public road or street until the location of the electric railroad
or railway thereon has been authorized in accordance with
RCW 81.64.010 through 81.64.030. [1961 c 14 § 81.64.040.
Prior: 1903 c 175 § 2; RRS § 11083.]
81.64.050 Right of entry. Every such corporation
shall have the right to enter upon any land between the
termini of the proposed lines for the purpose of examining,
locating and surveying such lines, doing no unnecessary
damage thereby. [1961 c 14 § 81.64.050. Prior: 1899 c 94
§ 2; RRS § 11085.]
81.64.060 Purchase or lease of street railway
property. Any corporation incorporated or that may
hereafter be incorporated under the laws of this state or any
state or territory of the United States, for the purpose of
constructing, owning or operating railroads or railways by
electric power, may lease or purchase and operate (except in
cases where such lease or purchase is prohibited by the Constitution of this state) the whole or any part of the electric
railroad or electric railway, of any other corporation heretofore or hereafter constructed, together with the franchises,
powers, immunities and all other property or appurtenances
appertaining thereto: PROVIDED, That such lease or purchase has been or shall be consented to by stockholders of
record holding at least two-thirds in amount of the capital
stock of the lessor or grantor corporation; and all such leases
and purchases made or entered into prior to the effective
date of chapter 175, Laws of 1903, by consent of stockholders as aforesaid are for all intents and purposes hereby
ratified and confirmed, saving, however, any vested rights of
private parties. [1961 c 14 § 81.64.060. Prior: 1903 c 175
§ 3; RRS § 11084.]
81.64.070 Consolidation of companies. With the
consent of the majority in interest of their shareholders, two
or more corporations operating street railway lines within or
in the suburbs of the same municipality, may amalgamate
their businesses and properties by consolidation, sale, lease,
or other appropriate means, and either by conveyance to a
third corporation or one to the other. [1961 c 14 §
81.64.070. Prior: 1917 c 170 § 1; RRS § 11086.]
(2002 Ed.)
81.64.030
81.64.080 Fares and transfers. No street railroad
company shall charge, demand or collect more than five
cents for one continuous ride within the corporate limits of
any city or town: PROVIDED, That such rate may be exceeded or lowered as to any municipally owned street
railroad when the corporate authorities of the municipality
owning such railroad shall, by an ordinance duly passed,
authorize the collection of a higher or lower rate of fare, to
be specified in such ordinance, and as to any other street
railroad company, such rate may be exceeded or lowered
with the permission or upon the order of the commission
after the filing of a tariff or a complaint by such street
railroad company and a hearing thereon as provided in this
title. Every street railroad company shall, upon such terms
as shall be just and reasonable, furnish to its passengers
transfers entitling such passenger to one continuous trip over
and upon portions of its lines within the said city or town
not reached by the originating car. [1961 c 14 § 81.64.080.
Prior: 1919 c 33 § 1; 1911 c 117 § 25; RRS § 10361.]
81.64.090 Competent employees required. Street
railway or street car companies, or street car corporations,
shall employ none but competent men to operate or assist as
conductors, motormen or gripmen upon any street railway,
or streetcar line in this state. [1961 c 14 § 81.64.090. Prior:
1901 c 103 § 1; RRS § 11073.]
81.64.100 "Competent" defined. A man shall be
deemed competent to operate or assist in operating cars or
(dummies) usually used by street railway or streetcar
companies, or corporations, only after first having served at
least three days under personal instruction of a regularly
employed conductor, motorman or gripman on a car or
dummy in actual service on the particular street railway or
streetcar line for which the service of an additional man or
additional men may be required: PROVIDED, That during
a strike on the streetcar lines the railway companies may
employ competent men who have not worked three days on
said particular streetcar line. [1961 c 14 § 81.64.100. Prior:
1901 c 103 § 2; RRS § 11074.]
81.64.110 Penalty. Any violation of RCW 81.64.090
by the president, secretary, manager, superintendent, assistant
superintendent, stockholder or other officer or employee of
any company or corporation owning or operating any street
railway or streetcar line or any receiver of street railway or
streetcar company, or street railway or streetcar corporations
appointed by any court within this state to operate such car
line shall, upon conviction thereof, be deemed guilty of a
misdemeanor, and subject the offender to such offense to a
fine in any amount not less than fifty dollars nor more than
two hundred dollars, or imprisonment in the county jail for
a term of thirty days, or both such fine and imprisonment at
the discretion of the court. [1961 c 14 § 81.64.110. Prior:
1901 c 103 § 3; RRS § 11075.]
81.64.120 Car equipment specified. Every streetcar
run or used on any streetcar line in the state of Washington
shall be provided with good and substantial aprons, pilots or
fenders, and which shall be so constructed as to prevent any
person from being thrown down and run over or caught
[Title 81 RCW—page 51]
81.64.120
Title 81 RCW: Transportation
beneath or under such car. [1961 c 14 § 81.64.120. Prior:
1897 c 94 § 1; RRS § 11076. FORMER PART OF SECTION: 1911 c 117 § 66, part now codified in RCW
81.44.040.]
county of this state to institute the necessary proceedings to
enforce the provisions of RCW 81.64.160 and 81.64.170.
[1961 c 14 § 81.64.170. Prior: 1895 c 100 § 2; RRS §
7649.]
81.64.130 Penalty. The owners or managers operating
any streetcar line failing to comply with the provisions of
RCW 81.64.120 shall forfeit and pay to the state of Washington a penalty of not less than twenty-five dollars for each
and every violation of RCW 81.64.120 and each car run
shall be considered a separate violation of RCW 81.64.120
and every period of five days shall be deemed a separate
violation of RCW 81.64.120. [1961 c 14 § 81.64.130.
Prior: 1897 c 94 § 2; RRS § 11077.]
Chapter 81.66
TRANSPORTATION FOR PERSONS WITH
SPECIAL NEEDS
81.64.140 Weather guards. All corporations,
companies or individuals owning, managing or operating any
street railway or line in the state of Washington, shall
provide, during the rain or winter season, all cars run or used
on its or their respective roads with good, substantial and
sufficient vestibules, or weather guards, for the protection of
the employees of such corporation, company or individual.
The vestibules or weather guards shall be so constructed
as to protect the employees of such company, corporation or
individual from the wind, rain or snow. [1961 c 14 §
81.64.140. Prior: (i) 1895 c 144 § 1; RRS § 11078. (ii)
1895 c 144 § 2; RRS § 11079.]
81.64.150 Penalty. Any such street railway company,
corporation or individual, as mentioned in RCW 81.64.140,
failing to comply with the provisions of RCW 81.64.140,
shall forfeit and pay to the state of Washington a penalty of
not less than fifty dollars nor more than two hundred and
fifty dollars for each and every violation of RCW 81.64.140,
and each period of ten days that any such company, corporation or individual shall fail to comply with the provisions
of RCW 81.64.140, or for each car used by such corporation,
company, or individual not in conformity with RCW
81.64.140, shall be taken and deemed to be a separate
violation of RCW 81.64.140. [1961 c 14 § 81.64.150.
Prior: 1895 c 144 § 3; RRS § 11080.]
81.64.160 Hours of labor. No person, agent, officer,
manager or superintendent or receiver of any corporation or
owner of streetcars shall require his or its gripmen, motormen, drivers or conductors to work more than ten hours in
any twenty-four hours. [1961 c 14 § 81.64.160. Prior:
1895 c 100 § 1; RRS § 7648.]
81.64.170 Penalty. Any person, agent, officer,
manager, superintendent or receiver of any corporation, or
owner of streetcar or cars, violating any of the provisions of
RCW 81.64.160 shall upon conviction thereof be deemed
guilty of a misdemeanor, and be fined in any sum not less
than twenty-five dollars nor more than one hundred dollars
for each day in which such gripman, motorman, driver or
conductor in the employ of such person, agent, officer,
manager, superintendent or receiver of such corporation or
owner is required to work more than ten hours during each
twenty-four hours, as provided in RCW 81.64.160, and it is
hereby made the duty of the prosecuting attorney of each
[Title 81 RCW—page 52]
(Formerly: Transportation for the elderly and the handicapped)
Sections
81.66.010
81.66.020
81.66.030
81.66.040
81.66.050
81.66.060
Definitions.
Private, nonprofit transportation provider required to operate
in accordance with this chapter.
Authority of commission.
Certificate required—Application—Transferability—Carried
in vehicle.
Insurance or bond required.
Suspension, revocation, or alteration of certificate.
81.66.010 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
clearly indicates otherwise.
(1) "Corporation" means a corporation, company,
association, or joint stock association.
(2) "Person" means an individual, firm, or a copartnership.
(3) "Private, nonprofit transportation provider" means
any private, nonprofit corporation providing transportation
services for compensation solely to persons with special
transportation needs.
(4) "Persons with special transportation needs" means
those persons, including their personal attendants, who
because of physical or mental disability, income status, or
age are unable to transport themselves or to purchase
appropriate transportation. [1996 c 244 § 1; 1979 c 111 §
4.]
Severability—1979 c 111: See note following RCW 46.74.010.
81.66.020 Private, nonprofit transportation provider
required to operate in accordance with this chapter. No
person or corporation, their lessees, trustees, receivers, or
trustees appointed by any court, may operate as a private,
nonprofit transportation provider except in accordance with
this chapter. [1979 c 111 § 5.]
Severability—1979 c 111: See note following RCW 46.74.010.
81.66.030 Authority of commission. The commission
shall regulate every private, nonprofit transportation provider
in this state but has authority only as follows: To issue
certificates to such providers; to set forth insurance requirements; to adopt reasonable rules to insure that any vehicles
used by such providers will be adequate for the proposed
service; and to inspect the vehicles and otherwise regulate
the safety of operations of each provider. The commission
may charge fees to private, nonprofit transportation providers, which shall be approximately the same as the reasonable
cost of regulating such providers. [1998 c 173 § 4; 1979 c
111 § 6.]
Severability—1979 c 111: See note following RCW 46.74.010.
(2002 Ed.)
Transportation for Persons With Special Needs
81.66.040 Certificate required—Application—
Transferability—Carried in vehicle. No private, nonprofit
transportation provider may operate in this state without first
having obtained from the commission under the provisions
of this chapter a certificate, but a certificate shall be granted
to any private, nonprofit transportation provider holding an
auto transportation company certificate on September 1,
1979, upon surrender of the auto transportation company
certificate. Any right, privilege, or certificate held, owned,
or obtained by a private, nonprofit transportation provider
may be sold, assigned, leased, transferred, or inherited as
other property only upon authorization by the commission.
The commission shall issue a certificate to any person or
corporation who files an application, in a form to be determined by the commission, which sets forth:
(1) Satisfactory proof of its status as a private, nonprofit
corporation;
(2) The kind of service to be provided;
(3) The number and type of vehicles to be operated,
together with satisfactory proof that the vehicles are adequate
for the proposed service and that drivers of such vehicles
will be adequately trained and qualified;
(4) Any proposed rates, fares, or charges;
(5) Satisfactory proof of insurance or surety bond, in
accordance with RCW 81.66.050.
The commission may deny a certificate to a provider who
does not meet the requirements of this section. Each vehicle
of a private, nonprofit transportation provider shall carry a
copy of the provider’s certificate. [1979 c 111 § 7.]
Severability—1979 c 111: See note following RCW 46.74.010.
81.66.050 Insurance or bond required. The commission shall, in the granting of certificates to operate any
private, nonprofit transportation provider, require the owner
or operator to first procure liability and property damage
insurance from a company licensed to make liability insurance in the state of Washington or a surety bond of a
company licensed to write surety bonds in the state of
Washington on each vehicle used or to be used in transporting persons for compensation. The commission shall fix the
amount of the insurance policy or policies or surety bond,
giving due consideration to the character and amount of
traffic, the number of persons affected, and the degree of
danger which the proposed operation involves. Such liability
and property damage insurance or surety bond shall be
maintained in force on each vehicle while so used. Each
policy for liability of property damage insurance or surety
bond required herein, shall be filed with the commission and
kept in full force and effect, and failure to do so shall be
cause for the revocation of the certificate. [1979 c 111 § 8.]
Severability—1979 c 111: See note following RCW 46.74.010.
81.66.060 Suspension, revocation, or alteration of
certificate. The commission may, at any time, by its order
duly entered after a hearing had upon notice to the holder of
any certificate issued under this chapter, and an opportunity
to such holder to be heard, at which it is proven that the
holder has wilfully violated or refused to observe any of the
commission’s proper orders, rules, or regulations, suspend,
revoke, alter, or amend any certificate issued under the
provisions of this chapter, but the holder of the certificate
(2002 Ed.)
81.66.040
shall have all the rights of rehearing, review, and appeal as
to the order of the commission as is provided for in RCW
81.68.070. [1979 c 111 § 9.]
Severability—1979 c 111: See note following RCW 46.74.010.
Chapter 81.68
AUTO TRANSPORTATION COMPANIES
Sections
81.68.010 Definitions.
81.68.015 Application of chapter restricted.
81.68.020 Compliance with chapter required.
81.68.030 Regulation by commission.
81.68.040 Certificate of convenience and necessity.
81.68.045 Excursion service companies—Certificate.
81.68.050 Filing fees.
81.68.060 Liability and property damage insurance—Surety bond.
81.68.065 Self-insurers—Exemptions as to insurance or bond.
81.68.070 Public service law invoked.
81.68.080 Penalty.
81.68.090 Scope of chapter.
Auto stages, licensing, etc.: Title 46 RCW.
Highway user tax structure: Chapter 46.85 RCW.
Mileage fees: RCW 46.16.125.
Penalty for carrying passengers without license: RCW 46.16.180.
Seating capacity fees: RCW 46.16.121.
81.68.010 Definitions. The definitions set forth in this
section shall apply throughout this chapter, unless the context
clearly indicates otherwise.
(1) "Corporation" means a corporation, company,
association, or joint stock association.
(2) "Person" means an individual, firm, or a copartnership.
(3) "Auto transportation company" means every corporation or person, their lessees, trustees, receivers, or trustees
appointed by any court whatsoever, owning, controlling,
operating, or managing any motor propelled vehicle not
usually operated on or over rails used in the business of
transporting persons, and baggage, mail, and express on the
vehicles of auto transportation companies carrying passengers, for compensation over any public highway in this state
between fixed termini or over a regular route, and not
operating exclusively within the incorporated limits of any
city or town.
(4) "Public highway" means every street, road, or
highway in this state.
(5) The words "between fixed termini or over a regular
route" mean the termini or route between or over which any
auto transportation company usually or ordinarily operates
any motor propelled vehicle, even though there may be departure from the termini or route, whether the departures are
periodic or irregular. Whether or not any motor propelled
vehicle is operated by any auto transportation company
"between fixed termini or over a regular route" within the
meaning of this section is a question of fact, and the finding
of the commission thereon is final and is not subject to
review. [1989 c 163 § 1; 1984 c 166 § 1; 1979 c 111 § 16;
1975-’76 2nd ex.s. c 121 § 1; 1969 ex.s. c 210 § 10; 1961
c 14 § 81.68.010. Prior: 1935 c 120 § 1; 1921 c 111 § 1;
RRS § 6387.]
Severability—1979 c 111: See note following RCW 46.74.010.
[Title 81 RCW—page 53]
81.68.015
Title 81 RCW: Transportation
81.68.015 Application of chapter restricted. This
chapter does not apply to corporations or persons, their
lessees, trustees, receivers, or trustees appointed by any court
whatsoever insofar as they own, control, operate, or manage
taxicabs, hotel buses, school buses, motor propelled vehicles
operated exclusively in transporting agricultural, horticultural, dairy, or other farm products from the point of production
to the market, or any other carrier that does not come within
the term "auto transportation company" as defined in RCW
81.68.010.
This chapter does not apply to persons operating motor
vehicles when operated wholly within the limits of incorporated cities or towns, and for a distance not exceeding three
road miles beyond the corporate limits of the city or town in
Washington in which the original starting point of the
vehicle is located, and which operation either alone or in
conjunction with another vehicle or vehicles is not a part of
any journey beyond the three-mile limit.
This chapter does not apply to commuter ride sharing or
ride sharing for the elderly and the handicapped in accordance with *RCW 46.74.010, so long as the ride-sharing
operation does not compete with nor infringe upon comparable service actually being provided before the initiation of
the ride-sharing operation by an existing auto transportation
company certificated under this chapter. [1989 c 163 § 2;
1984 c 166 § 2.]
The commission may, at any time, by its order duly
entered after a hearing had upon notice to the holder of any
certificate under this chapter, and an opportunity to the
holder to be heard, at which it shall be proven that the
holder wilfully violates or refuses to observe any of the
commission’s proper orders, rules, or regulations, suspend,
revoke, alter, or amend any certificate issued under the
provisions of this chapter, but the holder of the certificate
has all the rights of rehearing, review, and appeal as to the
order of the commission as is provided for in RCW
81.68.070. [1989 c 163 § 4; 1984 c 166 § 4; 1961 c 14 §
81.68.030. Prior: 1921 c 111 § 3; RRS § 6389.]
81.68.020 Compliance with chapter required. No
corporation or person, their lessees, trustees, or receivers or
trustees appointed by any court whatsoever, may engage in
the business of operating as a common carrier any motor
propelled vehicle for the transportation of persons, and
baggage, mail, and express on the vehicles of auto transportation companies carrying passengers, between fixed termini
or over a regular route for compensation on any public
highway in this state, except in accordance with the provisions of this chapter. [1989 c 163 § 3; 1984 c 166 § 3;
1961 c 14 § 81.68.020. Prior: 1927 c 166 § 1; 1921 c 111
§ 2; RRS § 6388.]
81.68.040 Certificate of convenience and necessity.
No auto transportation company shall operate for the
transportation of persons, and baggage, mail and express on
the vehicles of auto transportation companies carrying
passengers, for compensation between fixed termini or over
a regular route in this state, without first having obtained
from the commission under the provisions of this chapter a
certificate declaring that public convenience and necessity
require such operation; but a certificate shall be granted
when it appears to the satisfaction of the commission that
such person, firm or corporation was actually operating in
good faith, over the route for which such certificate shall be
sought on January 15, 1921. Any right, privilege, certificate
held, owned or obtained by an auto transportation company
may be sold, assigned, leased, transferred or inherited as
other property, only upon authorization by the commission.
The commission shall have power, after hearing, when the
applicant requests a certificate to operate in a territory
already served by a certificate holder under this chapter, only
when the existing auto transportation company or companies
serving such territory will not provide the same to the
satisfaction of the commission, and in all other cases with or
without hearing, to issue said certificate as prayed for; or for
good cause shown to refuse to issue same, or to issue it for
the partial exercise only of said privilege sought, and may
attach to the exercise of the rights granted by said certificate
to such terms and conditions as, in its judgment, the public
convenience and necessity may require. [1961 c 14 §
81.68.040. Prior: 1921 c 111 § 4; RRS § 6390.]
81.68.030 Regulation by commission. The commission is vested with power and authority, and it is its duty to
supervise and regulate every auto transportation company in
this state as provided in this section. Under this authority,
it shall for each auto transportation company:
(1) Fix, alter, and amend just, fair, reasonable, and sufficient rates, fares, charges, classifications, rules, and regulations;
(2) Regulate the accounts, service, and safety of
operations;
(3) Require the filing of annual and other reports and of
other data;
(4) Supervise and regulate the companies in all other
matters affecting the relationship between such companies
and the traveling and shipping public;
(5) By general order or otherwise, prescribe rules and
regulations in conformity with this chapter, applicable to any
and all such companies, and within such limits make orders.
81.68.045 Excursion service companies—Certificate.
No excursion service company may operate for the transportation of persons for compensation without first having
obtained from the commission under the provisions of this
chapter a certificate to do so.
A certificate shall be issued to any qualified applicant
therefor, authorizing the whole or any part of the operations
covered by the application, if it is found that the applicant is
fit, willing, and able to properly perform the services
proposed and conform to the provisions of this chapter and
the rules of the commission adopted under this chapter, and
that such operations will be consistent with the public
interest. However, a certificate shall be granted when it
appears to the satisfaction of the commission that the person,
firm, or corporation was actually operating in good faith that
type of service for which the certificate was sought on
January 15, 1983. Any right, privilege, or certificate held,
owned, or obtained by an excursion service company may be
*Reviser’s note: RCW 46.74.010 was amended by 1996 c 244 § 2
changing the term "ride sharing for the elderly and the handicapped" to
"ride sharing for persons with special transportation needs."
[Title 81 RCW—page 54]
(2002 Ed.)
Auto Transportation Companies
sold, assigned, leased, transferred, or inherited as other
property only upon authorization by the commission. For
good cause shown the commission may refuse to issue the
certificate, or issue it for the partial exercise only of the
privilege sought, and may attach to the exercise of the rights
granted by the certificate such terms and conditions as, in its
judgment, the public interest may require. [1984 c 166 § 5.]
81.68.050 Filing fees. Any application for a certificate of public convenience and necessity or amendment
thereof, or application to sell, lease, mortgage, or transfer a
certificate of public convenience and necessity or any interest therein, shall be accompanied by such filing fees as the
commission may prescribe by rule: PROVIDED, That such
fee shall not exceed two hundred dollars. [1973 c 115 § 5;
1961 c 14 § 81.68.050. Prior: 1955 c 125 § 9; prior: 1937
c 158 § 2, part; RRS § 10417-1, part.]
81.68.060 Liability and property damage insurance—Surety bond. In granting certificates to operate any
auto transportation company, for transporting for compensation persons and baggage, mail, and express on the
vehicles of auto transportation companies carrying passengers, the commission shall require the owner or operator to
first procure liability and property damage insurance from a
company licensed to make liability insurance in the state of
Washington or a surety bond of a company licensed to write
surety bonds in the state of Washington on each motor
propelled vehicle used or to be used in transporting persons
for compensation, in the amount of not less than one
hundred thousand dollars for any recovery for personal
injury by one person and not less than three hundred
thousand dollars for any vehicle having a capacity of sixteen
passengers or less and not less than five hundred thousand
dollars for any vehicle having a capacity of seventeen
passengers or more for all persons receiving personal injury
by reason of at least one act of negligence and not less than
fifty thousand dollars for damage to property of any person
other than the assured. The commission shall fix the amount
of the insurance policy or policies or security deposit giving
due consideration to the character and amount of traffic, the
number of persons affected, and the degree of danger that
the proposed operation involves. The liability and property
damage insurance or surety bond shall be maintained in
force on [the] motor propelled vehicle while so used, and
each policy for liability or property damage insurance or
surety bond required by this section shall be filed with the
commission and kept in full force and effect. Failure so to
do is cause for the revocation of the certificate. [1989 c 163
§ 5; 1984 c 166 § 6; 1977 ex.s. c 298 § 1; 1961 c 14 §
81.68.060. Prior: 1921 c 111 § 5; RRS § 6391.]
81.68.065 Self-insurers—Exemptions as to insurance
or bond. Any auto transportation company now or hereafter
authorized to transport persons for compensation on the
highways and engaging in interstate, or interstate and intrastate, operations within the state of Washington which is or
becomes qualified as a self-insurer with the interstate
commerce commission of the United States in accordance
with the provisions of the United States interstate commerce
act applicable to self insurance by motor carriers, shall be
(2002 Ed.)
81.68.045
exempt, so long as such qualification remains effective, from
all provisions of law relating to the carrying or filing of
insurance policies or bonds in connection with such operations.
The commission may require proof of the existence and
continuation of such qualification with the interstate commerce commission to be made by affidavit of the auto
transportation company, in such form as the commission
shall prescribe. [1961 c 14 § 81.68.065. Prior: (i) 1949 c
127 § 1; Rem. Supp. 1949 § 6386-5a. (ii) 1949 c 127 § 2;
Rem. Supp. 1949 § 6386-5b.]
81.68.070 Public service law invoked. In all respects
in which the commission has power and authority under this
chapter, applications and complaints may be made and filed
with it, process issued, hearings held, opinions, orders and
decisions made and filed, petitions for rehearing filed and
acted upon, and petitions for writs of review, to the superior
court filed therewith, appeals or mandate filed with the
supreme court or the court of appeals of this state, considered and disposed of by said courts in the manner, under the
conditions and subject to the limitations and with the effect
specified in this title. [1971 c 81 § 146; 1961 c 14 §
81.68.070. Prior: 1921 c 111 § 6; RRS § 6392.]
81.68.080 Penalty. Every officer, agent, or employee
of any corporation, and every other person who violates or
fails to comply with, or who procures, aids, or abets in the
violation of any provisions of this chapter, or who fails to
obey, observe, or comply with any order, decision, rule or
regulation, direction, demand, or requirement, or any part of
provision thereof, is guilty of a gross misdemeanor and
punishable as such: PROVIDED, That violation of an order,
decision, rule or regulation, direction, demand, or requirement relating to traffic including parking, standing,
stopping, and pedestrian offenses is a traffic infraction,
except that violation of an order, decision, rule or regulation,
direction, demand, or requirement equivalent to those
provisions of Title 46 RCW set forth in RCW 46.63.020 is
a misdemeanor. [1979 ex.s. c 136 § 106; 1961 c 14 §
81.68.080. Prior: 1921 c 111 § 7; RRS § 6393.]
Effective date—Severability—1979 ex.s. c 136: See notes following
RCW 46.63.010.
81.68.090 Scope of chapter. Neither this chapter nor
any provision thereof shall apply or be construed to apply to
commerce with foreign nations or commerce among the
several states of this union except insofar as the same may
be permitted under the provisions of the Constitution of the
United States and the acts of congress. [1961 c 14 §
81.68.090. Prior: 1921 c 111 § 8; RRS § 6394.]
Chapter 81.70
PASSENGER CHARTER CARRIERS
Sections
81.70.010
81.70.020
81.70.030
81.70.220
Business affected with the public interest—Declaration of
purpose.
Definitions.
Exclusions.
Certificate or registration required.
[Title 81 RCW—page 55]
Chapter 81.70
81.70.230
81.70.240
81.70.250
81.70.260
81.70.270
81.70.280
81.70.290
81.70.300
81.70.310
81.70.320
81.70.330
81.70.340
81.70.350
Title 81 RCW: Transportation
Certificates—Application, issuance, safety fitness, financial
responsibility.
Certificates—Transfer restricted.
Certificates—Grounds for cancellation, etc.
Unlawful operation after certificate or registration canceled,
etc.
Scope of regulation.
Insurance or bond for liability and property damage.
Self-insurers.
Authority of commission and courts.
Application of Title 81 RCW.
Fees—Amounts, deposit.
Vehicle identification.
Interstate or foreign carriers.
Annual regulatory fee—Delinquent fee payments.
81.70.010 Business affected with the public interest—Declaration of purpose. The use of the public
highways for the transportation of passengers for compensation is a business affected with the public interest. It is
the purpose of this chapter to preserve for the public full
benefit in use of public highways consistent with the needs
of commerce, without unnecessary congestion or wear and
tear upon such highways; to secure to the people safe,
adequate and dependable transportation by carriers operating
upon such highways; and to secure full and unrestricted flow
of traffic by motor carriers over such highways which will
adequately meet reasonable public demands by providing for
the regulation of all transportation agencies with respect to
safety of operations and accident indemnity so that safe,
adequate and dependable service by all necessary
transportation agencies shall be maintained, and the full use
of the highway reserved to the public. [1965 c 150 § 2.]
81.70.020 Definitions. Unless the context otherwise
requires, the definitions and general provisions set forth in
this section shall govern the construction of this chapter:
(1) "Commission" means the Washington utilities and
transportation commission;
(2) "Person or persons" means an individual, a corporation, association, joint stock association, and partnership,
their lessees, trustees or receivers;
(3) "Public highway" includes every public street, road
or highway in this state;
(4) "Motor vehicle" means every self-propelled vehicle
with seating capacity for seven or more persons, excluding
the driver;
(5) Subject to the exclusions of RCW 81.70.030,
"charter party carrier of passengers" means every person
engaged in the transportation of a group of persons, who,
pursuant to a common purpose and under a single contract,
have acquired the use of a motor bus to travel together as a
group to a specified destination or for a particular itinerary,
either agreed upon in advance or modified by the chartered
group after having left the place of origin.
(6) Subject to the exclusion of RCW 81.70.030, "excursion service carrier" means every person engaged in the
transportation of persons for compensation over any public
highway in this state from points of origin within the incorporated limits of any city or town or area, to any other
location within the state of Washington and returning to that
origin. The service shall not pick up or drop off passengers
after leaving and before returning to the area of origin. The
excursions may or may not be regularly scheduled. Com[Title 81 RCW—page 56]
pensation for the transportation offered or afforded shall be
computed, charged, or assessed by the excursion service
company on an individual fare basis. [1989 c 163 § 6; 1988
c 30 § 1; 1969 c 132 § 1; 1965 c 150 § 3.]
81.70.030 Exclusions. Provisions of this chapter do
not apply to:
(1) Persons operating motor vehicles wholly within the
limits of incorporated cities;
(2) Persons or their lessees, receivers or trustees insofar
as they own, control, operate or manage taxicabs, hotel buses
or school buses, when operated as such;
(3) Passenger vehicles carrying passengers on a noncommercial enterprise basis;
(4) Operators of charter boats operating on waters
within or bordering this state; or
(5) Limousine charter party carriers of passengers under
*chapter 81.90 RCW. [1989 c 283 § 17; 1965 c 150 § 4.]
*Reviser’s note: Chapter 81.90 RCW was repealed by 1996 c 87 §
23.
81.70.220 Certificate or registration required. No
person may engage in the business of a charter party carrier
or excursion service carrier of persons over any public
highway without first having obtained a certificate from the
commission to do so or having registered as an interstate
carrier. [1989 c 163 § 7; 1988 c 30 § 2.]
81.70.230 Certificates—Application, issuance, safety
fitness, financial responsibility. (1) Applications for
certificates shall be made to the commission in writing,
verified under oath, and shall be in such form and contain
such information as the commission by regulation may
require. Every such application shall be accompanied by a
fee as the commission may prescribe by rule.
(2) A certificate shall be issued to any qualified applicant authorizing, in whole or in part, the operations covered
by the application if it is found that the applicant is fit,
willing, and able to perform properly the service and to
conform to the provisions of this chapter and the rules and
regulations of the commission.
(3) Before a certificate is issued, the commission shall
require the applicant to establish safety fitness and proof of
minimum financial responsibility as provided in this chapter.
[1988 c 30 § 3.]
81.70.240 Certificates—Transfer restricted. No
certificate issued under this chapter or rights to conduct
services under it may be leased, assigned, or otherwise
transferred or encumbered, unless authorized by the commission. [1988 c 30 § 4.]
81.70.250 Certificates—Grounds for cancellation,
etc. The commission may cancel, revoke, or suspend any
certificate issued under this chapter on any of the following
grounds:
(1) The violation of any of the provisions of this
chapter;
(2) The violation of an order, decision, rule, regulation,
or requirement established by the commission pursuant to
this chapter;
(2002 Ed.)
Passenger Charter Carriers
(3) Failure of a charter party carrier or excursion service
carrier of passengers to pay a fee imposed on the carrier
within the time required by law;
(4) Failure of a charter party carrier or excursion service
carrier to maintain required insurance coverage in full force
and effect; or
(5) Failure of the certificate holder to operate and
perform reasonable service. [1989 c 163 § 8; 1988 c 30 §
5.]
81.70.260 Unlawful operation after certificate or
registration canceled, etc. After the cancellation or
revocation of a certificate or interstate registration or during
the period of its suspension, it is unlawful for a charter party
carrier or excursion service carrier of passengers to conduct
any operations as such a carrier. [1989 c 163 § 9; 1988 c 30
§ 6.]
81.70.270 Scope of regulation. It is the duty of the
commission to regulate charter party carriers and excursion
service carriers with respect to safety of equipment, driver
qualifications, and safety of operations. The commission
shall establish such rules and regulations and require such
reports as are necessary to carry out the provisions of this
chapter. [1989 c 163 § 10; 1988 c 30 § 7.]
81.70.280 Insurance or bond for liability and
property damage. (1) In granting certificates under this
chapter, the commission shall require charter party carriers
and excursion service carriers of passengers to procure and
continue in effect during the life of the certificate, liability
and property damage insurance from a company licensed to
make liability insurance in the state of Washington or a
surety bond of a company licensed to write surety bonds in
the state of Washington on each motor-propelled vehicle
used or to be used in transporting persons for compensation,
in the following amounts:
(a) Not less than one hundred thousand dollars for any
recovery for personal injury by one person; and
(b) Not less than three hundred thousand dollars for any
vehicle having a capacity of sixteen passengers or less; and
(c) Not less than five hundred thousand dollars for any
vehicle having a capacity of seventeen passengers or more
for all receiving personal injury by reason of at least one act
of negligence; and
(d) Not less than fifty thousand dollars for damage to
property of any person other than the insured.
(2) The commission shall fix the amount of the insurance policy or policies or security deposit giving consideration to the character and amount of traffic, the number of
persons affected, and the degree of danger which the
proposed operation involves. Such liability and property
damage insurance or surety bond shall be maintained in
force on each motor-propelled vehicle while so used. Each
policy for liability or property damage insurance or surety
bond required herein shall be filed with the commission and
kept in effect and a failure so to do is cause for revocation
of the certificate. [1989 c 163 § 11; 1988 c 30 § 8.]
81.70.290 Self-insurers. A charter party carrier or
excursion service carrier of passengers authorized to trans(2002 Ed.)
81.70.250
port persons for compensation on the highways and engaging
in interstate, or interstate and intrastate, operations within the
state of Washington which is or becomes qualified as a selfinsurer with the interstate commerce commission of the
United States in accordance with the United States interstate
commerce act applicable to self-insurance by motor carriers
is exempt from RCW 81.70.280 relating to the carrying or
filing of insurance policies or bonds in connection with such
operations as long as such qualification remains effective.
The commission may require proof of the existence and
continuation of qualification with the interstate commerce
commission to be made by affidavit of the charter party
carrier or excursion service carrier in a form the commission
may prescribe. [1989 c 163 § 12; 1988 c 30 § 9.]
81.70.300 Authority of commission and courts. In
all respects in which the commission has power and authority under this chapter, applications and complaints may be
made and filed with it, process issued by it, hearings held,
opinions, orders, and decisions made and filed, petitions for
rehearing filed and acted upon, petitions for writs of review
filed with the superior court, appeals or mandates filed with
the supreme court or the court of appeals of this state, and
may be considered and disposed of by said courts in a
manner, under the conditions, subject to the limitations, and
with the effect specified in this chapter. [1988 c 30 § 10.]
81.70.310 Application of Title 81 RCW. All
applicable provisions of this title relating to procedure,
powers of the commission, and penalties shall apply to the
operation and regulation of persons under this chapter,
except as those provisions may conflict with the provisions
of this chapter and rules and regulations issued thereunder by
the commission. [1988 c 30 § 11.]
81.70.320 Fees—Amounts, deposit. (1) An application for a certificate or amendment thereof, or application to
sell, lease, mortgage, or transfer a certificate, shall be
accompanied by such filing fees as the commission may
prescribe by rule, however the fee shall not exceed two
hundred dollars.
(2) All fees paid to the commission under this chapter
shall be deposited in the state treasury to the credit of the
public service revolving fund.
(3) It is the intent of the legislature that all fees collected under this chapter shall reasonably approximate the cost
of supervising and regulating charter party carriers and
excursion service carriers subject thereto, and to that end the
commission is authorized to decrease the schedule of fees
provided for in RCW 81.70.350 by general order entered
before November 1 of any year in which the commission
determines that the moneys then in the charter party carrier
and excursion service carrier account of the public service
revolving fund and the fees currently to be paid will exceed
the reasonable cost of supervising and regulating such
carriers during the succeeding calendar year. Whenever the
cost accounting records of the commission indicate that the
schedule of fees previously reduced should be increased,
such increase, not in any event to exceed the schedule set
forth in this chapter, may be effected by a similar general
[Title 81 RCW—page 57]
81.70.320
Title 81 RCW: Transportation
Chapter 81.72
TAXICAB COMPANIES
order entered before November 1 of any calendar year.
[1989 c 163 § 13; 1988 c 30 § 12.]
81.70.330 Vehicle identification. It is unlawful for a
charter party carrier or excursion service carrier to operate
a motor bus upon the highways of this state unless there is
firmly affixed to the vehicle on both sides thereof, the name
of the carrier and the certificate or permit number of such
carrier. The characters composing such identification shall
be of sufficient size to be clearly distinguishable at a
distance of at least fifty feet from the vehicle. [1989 c 163
§ 14; 1988 c 30 § 13.]
81.70.340 Interstate or foreign carriers. It is
unlawful for a charter party carrier or excursion service
carrier of passengers engaged in interstate or foreign commerce to use any of the public highways of this state for the
transportation of passengers in interstate or foreign commerce, unless such carrier has identified its vehicles and
registered its interstate or foreign operations with the
commission. Interstate and foreign carriers possessing
operating authority issued by the interstate commerce
commission shall register such authority pursuant to Public
Law 89-170, as amended, and the regulations of the interstate commerce commission adopted thereunder. Interstate
and foreign charter party carriers and excursion service
carriers of passengers exempt from regulation by the
interstate commerce commission shall register their interstate
operations under regulations adopted by the commission,
which shall, to the maximum extent practical, conform to the
regulations promulgated by the interstate commerce commission under Public Law 89-170, as amended. All other
provisions of this chapter shall be applicable to motor
carriers of passengers engaged in interstate or foreign
commerce insofar as the same are not prohibited under the
Constitution of the United States or federal statute. [1989 c
163 § 15; 1988 c 30 § 14.]
81.70.350 Annual regulatory fee—Delinquent fee
payments. (1) The commission shall collect from each
charter party carrier and excursion service carrier holding a
certificate issued pursuant to this chapter and from each
interstate or foreign carrier subject to this chapter an annual
regulatory fee, to be established by the commission but
which in total shall not exceed the cost of supervising and
regulating such carriers, for each bus used by such carrier.
(2) All fees prescribed by this section shall be due and
payable on or before December 31 of each year, to cover the
ensuing year beginning February 1.
(3) Any payment of the fee imposed by this section
made after its due date shall include a late fee of two percent
of the amount due. Delinquent fees shall accrue interest at
the rate of one percent per month. [1994 c 83 § 3; 1989 c
163 § 16; 1988 c 30 § 15.]
Sections
81.72.200 Legislative intent.
81.72.210 Local regulatory powers listed.
81.72.220 Cooperative agreements—Joint regulation.
Transportation of passengers in for hire vehicles: Chapter 46.72 RCW.
81.72.200 Legislative intent. The legislature finds
and declares that privately operated taxicab transportation
service is a vital part of the transportation system within the
state and provides demand-responsive services to state
residents, tourists, and out-of-state business people. Consequently, the safety, reliability, and economic viability and
stability of privately operated taxicab transportation service
are matters of statewide importance. The regulation of
privately operated taxicab transportation services is thus an
essential governmental function. Therefore, it is the intent
of the legislature to permit political subdivisions of the state
to regulate taxicab transportation services without liability
under federal antitrust laws. [1984 c 126 § 1.]
81.72.210 Local regulatory powers listed. To protect
the public health, safety, and welfare, cities, towns, counties,
and port districts of the state may license, control, and
regulate privately operated taxicab transportation services
operating within their respective jurisdictions. The power to
regulate includes:
(1) Regulating entry into the business of providing
taxicab transportation services;
(2) Requiring a license to be purchased as a condition
of operating a taxicab and the right to revoke, cancel, or
refuse to reissue a license for failure to comply with regulatory requirements;
(3) Controlling the rates charged for providing taxicab
transportation service and the manner in which rates are
calculated and collected, including the establishment of zones
as the basis for rates;
(4) Regulating the routes of taxicabs, including restricting access to airports;
(5) Establishing safety, equipment, and insurance
requirements; and
(6) Any other requirements adopted to ensure safe and
reliable taxicab service. [1984 c 126 § 2.]
81.72.220 Cooperative agreements—Joint regulation. A city, town, county, or port district may enter into
cooperative agreements with any other city, town, county, or
port district for the joint regulation of taxicabs. Cooperative
agreements may provide for, but are not limited to, the
granting, revocation, and suspension of joint taxicab licenses.
[1984 c 126 § 3.]
Chapter 81.75
TRANSPORTATION CENTERS
Sections
81.75.010
81.75.020
[Title 81 RCW—page 58]
Authorization to own and operate—Purpose.
Method of acquisition and operation prescribed—Grants—
Consolidation of activities.
(2002 Ed.)
Transportation Centers
81.75.030
81.75.900
Services available—Terms of usage.
Severability—1977 ex.s. c 217.
81.75.010 Authorization to own and operate—
Purpose. It is desirable to a transportation system that
convenient and comfortable terminals be established and
maintained with the services of all modes of public transportation available to the public at such a center to the extent
feasible. It is proper that cities, towns, counties, public
transportation benefit area authorities, and municipal corporations of this state be authorized to own and operate transportation centers. [1977 ex.s. c 217 § 1.]
81.75.020 Method of acquisition and operation
prescribed—Grants—Consolidation of activities. Through
its council or other legislative body, any city, town, county,
public transportation benefit area authority, or other municipal corporation, authorized to operate public transportation
services, may construct or otherwise acquire intermodal
transportation centers by donation, lease, or purchase and
may operate or let for purposes of leasing space at fair
market value for the services set forth in RCW 81.75.030,
and to perform other functions permitted by law, the centers
or portions of the centers, for public or private purposes or
for compensation or rental upon such conditions as its
council or other legislative body shall from time to time
prescribe. The city, town, county, public transportation
benefit area authority, or municipal corporation, may apply
for and receive grants from the federal government for
purposes of funding a transportation center and may consolidate a transportation center with other lawful city or town
activities. [1977 ex.s. c 217 § 2.]
81.75.030 Services available—Terms of usage. To
the extent feasible, the services available to the public at any
transportation center may include taxi, auto rental, passenger
trains, motor buses, travel agents, restrooms, food, telegraph,
baggage handling, transfer and delivery of light freight and
packages, commercial airlines, air charter, place of temporary rest for citizens and travelers (but not overnight), mail,
private auto parking for users of public transportation
through the transportation center, local transit, limousine, and
any other use necessary to the foregoing.
Any city, town, county, public transportation benefit
area authority, or municipal corporation, which elects to
operate a transportation center shall operate the center for the
general public good. The operator may establish the terms
of usage for the various modes of transportation and for
others that utilize its facilities, may make reasonable rules
concerning public and private use, and may exclude all
persons therefrom who refuse to comply with the terms or
rules of use. The operator may own, operate, maintain, and
manage a transportation center, but shall not engage in
providing a transportation or other related service at the
center unless otherwise authorized by law. [1977 ex.s. c 217
§ 3.]
81.75.900 Severability—1977 ex.s. c 217. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
(2002 Ed.)
Chapter 81.75
application of the provision to other persons or circumstances is not affected. [1977 ex.s. c 217 § 5.]
Chapter 81.77
SOLID WASTE COLLECTION COMPANIES
(Formerly: Garbage and refuse collection companies)
Sections
81.77.010
81.77.015
81.77.020
81.77.0201
Definitions.
Construction of phrase "garbage and refuse."
Compliance with chapter required—Exemption for cities.
Jurisdiction of commission upon discontinuation of jurisdiction by municipality.
81.77.030 Supervision and regulation by commission.
81.77.040 Certificate of convenience and necessity required—
Procedure when applicant requests certificate for existing service area.
81.77.050 Filing fees.
81.77.060 Liability and property damage insurance—Surety bond.
81.77.070 Public service company law invoked.
81.77.080 Companies to file reports of gross operating revenue and
pay fees—Legislative intent—Disposition of revenue.
81.77.090 Penalty.
81.77.100 Scope of chapter with respect to foreign or interstate commerce—Regulation of solid waste collection companies.
81.77.110 Temporary certificates.
81.77.120 Service to unincorporated areas of counties.
81.77.130 Application of chapter to collection or transportation of
source separated recyclable materials.
81.77.140 Application of chapter—Collection and transportation of
recyclable materials by recycling companies or nonprofit
entities—Reuse or reclamation.
81.77.160 Pass-through rates—Rules.
81.77.170 Fees, charges, or taxes—Normal operating expense.
81.77.180 Recyclable materials collection—Processing and marketing.
81.77.185 Recyclable materials collection—Revenue sharing.
81.77.190 Curbside recycling—Reduced rate.
81.77.900 Severability—1989 c 431.
Unlawful diversion of recyclable material: RCW 70.95.235.
81.77.010 Definitions. As used in this chapter:
(1) "Motor vehicle" means any truck, trailer, semitrailer,
tractor or any self-propelled or motor driven vehicle used
upon any public highway of this state for the purpose of
transporting solid waste, for the collection and/or disposal
thereof;
(2) "Public highway" means every street, road, or
highway in this state;
(3) "Common carrier" means any person who undertakes
to transport solid waste, for the collection and/or disposal
thereof, by motor vehicle for compensation, whether over
regular or irregular routes, or regular or irregular schedules;
(4) "Contract carrier" means all garbage and refuse
transporters not included under the terms "common carrier"
and "private carrier," as herein defined, and further, shall
include any person who under special and individual
contracts or agreements transports solid waste by motor
vehicle for compensation;
(5) "Private carrier" means a person who, in his own
vehicle, transports solid waste purely as an incidental adjunct
to some other established private business owned or operated
by him in good faith: PROVIDED, That a person who
transports solid waste from residential sources in a vehicle
designed or used primarily for the transport of solid waste
shall not constitute a private carrier;
[Title 81 RCW—page 59]
81.77.010
Title 81 RCW: Transportation
(6) "Vehicle" means every device capable of being
moved upon a public highway and in, upon, or by which any
solid waste is or may be transported or drawn upon a public
highway, excepting devices moved by human or animal
power or used exclusively upon stationary rail or tracks;
(7) "Solid waste collection company" means every
person or his lessees, receivers, or trustees, owning, controlling, operating or managing vehicles used in the business of
transporting solid waste for collection and/or disposal for
compensation, except septic tank pumpers, over any public
highway in this state whether as a "common carrier" thereof
or as a "contract carrier" thereof;
(8) Solid waste collection does not include collecting or
transporting recyclable materials from a drop-box or recycling buy-back center, nor collecting or transporting recyclable materials by or on behalf of a commercial or industrial
generator of recyclable materials to a recycler for use or
reclamation. Transportation of these materials is regulated
under chapter 81.80 RCW; and
(9) "Solid waste" means the same as defined under
RCW 70.95.030, except for the purposes of this chapter solid
waste does not include recyclable materials except for source
separated recyclable materials collected from residences.
[1989 c 431 § 17; 1961 c 295 § 2.]
81.77.015 Construction of phrase "garbage and
refuse." Whenever in this chapter the phrase "garbage and
refuse" is used as a qualifying phrase or otherwise it shall be
construed as meaning "garbage and/or refuse." [1965 ex.s.
c 105 § 5.]
81.77.020 Compliance with chapter required—
Exemption for cities. No person, his lessees, receivers, or
trustees, shall engage in the business of operating as a solid
waste collection company in this state, except in accordance
with the provisions of this chapter: PROVIDED, That the
provisions of this chapter shall not apply to the operations of
any solid waste collection company under a contract of solid
waste disposal with any city or town, nor to any city or town
which itself undertakes the disposal of solid waste. [1989 c
431 § 18; 1961 c 295 § 3.]
81.77.0201 Jurisdiction of commission upon discontinuation of jurisdiction by municipality. A city, town, or
combined city-county may at any time reverse its decision to
exercise its authority under RCW 81.77.020. In such an
event, the commission shall issue a certificate to the last
holder of a valid commission certificate of public convenience and necessity, or its successors or assigns, for the
area reverting to commission jurisdiction. If there was no
certificate existing for the area, or the previous holder was
compensated for its certificate property right, the commission
shall consider applications for authority under RCW
81.77.040. [1997 c 171 § 4.]
Severability—1997 c 171: See note following RCW 35.02.160.
81.77.030 Supervision and regulation by commission. The commission shall supervise and regulate every
solid waste collection company in this state,
(1) By fixing and altering its rates, charges, classifications, rules and regulations;
[Title 81 RCW—page 60]
(2) By regulating the accounts, service, and safety of
operations;
(3) By requiring the filing of annual and other reports
and data;
(4) By supervising and regulating such persons or
companies in all other matters affecting the relationship
between them and the public which they serve;
(5) By requiring compliance with local solid waste
management plans and related implementation ordinances;
(6) By requiring certificate holders under chapter 81.77
RCW to use rate structures and billing systems consistent
with the solid waste management priorities set forth under
RCW 70.95.010 and the minimum levels of solid waste collection and recycling services pursuant to local comprehensive solid waste management plans. The commission may
order consolidated billing and provide for reasonable and
necessary expenses to be paid to the administering company
if more than one certificate is granted in an area.
The commission, on complaint made on its own motion
or by an aggrieved party, at any time, after the holding of a
hearing of which the holder of any certificate has had notice
and an opportunity to be heard, and at which it shall be
proven that the holder has wilfully violated or refused to
observe any of the commission’s orders, rules, or regulations, or has failed to operate as a solid waste collection
company for a period of at least one year preceding the
filing of the complaint, may suspend, revoke, alter, or amend
any certificate issued under the provisions of this chapter.
[1989 c 431 § 20; 1987 c 239 § 1; 1965 ex.s. c 105 § 1;
1961 c 295 § 4.]
81.77.040 Certificate of convenience and necessity
required—Procedure when applicant requests certificate
for existing service area. No solid waste collection
company shall hereafter operate for the hauling of solid
waste for compensation without first having obtained from
the commission a certificate declaring that public convenience and necessity require such operation. A condition of
operating a solid waste company in the unincorporated areas
of a county shall be complying with the solid waste management plan prepared under chapter 70.95 RCW applicable in
the company’s franchise area.
Issuance of the certificate of necessity shall be determined upon, but not limited to, the following factors: The
present service and the cost thereof for the contemplated area
to be served; an estimate of the cost of the facilities to be
utilized in the plant for solid waste collection and disposal,
sworn to before a notary public; a statement of the assets on
hand of the person, firm, association or corporation which
will be expended on the purported plant for solid waste
collection and disposal, sworn to before a notary public; a
statement of prior experience, if any, in such field by the
petitioner, sworn to before a notary public; and sentiment in
the community contemplated to be served as to the necessity
for such a service.
Except as provided in *RCW 81.77.150, when an
applicant requests a certificate to operate in a territory
already served by a certificate holder under this chapter, the
commission may, after hearing, issue the certificate only if
the existing solid waste collection company or companies
(2002 Ed.)
Solid Waste Collection Companies
serving the territory will not provide service to the satisfaction of the commission.
In all other cases, the commission may, with or without
hearing, issue certificates, or for good cause shown refuse to
issue them, or issue them for the partial exercise only of the
privilege sought, and may attach to the exercise of the rights
granted such terms and conditions as, in its judgment, the
public convenience and necessity may require.
Any right, privilege, certificate held, owned, or obtained
by a solid waste collection company may be sold, assigned,
leased, transferred, or inherited as other property, but only
upon authorization by the commission.
Any solid waste collection company which upon July 1,
1961 is operating under authority of a common carrier or
contract carrier permit issued under the provisions of chapter
81.80 RCW shall be granted a certificate of necessity
without hearing upon compliance with the provisions of this
chapter. Such solid waste collection company which has
paid the plate fee and gross weight fees required by chapter
81.80 RCW for the year 1961 shall not be required to pay
additional like fees under the provisions of this chapter for
the remainder of such year.
For purposes of issuing certificates under this chapter,
the commission may adopt categories of solid wastes as
follows: Garbage, refuse, recyclable materials, and demolition debris. A certificate may be issued for one or more
categories of solid waste. Certificates issued on or before
July 23, 1989, shall not be expanded or restricted by
operation of this chapter. [1989 c 431 § 21; 1987 c 239 §
2; 1961 c 295 § 5.]
*Reviser’s note: RCW 81.77.150 expired June 30, 1991.
81.77.050 Filing fees. Any application for a certificate issued under this chapter or amendment thereof, or
application to sell, lease, mortgage, or transfer a certificate
issued under this chapter or any interest therein, shall be
accompanied by such filing fee as the commission may
prescribe by rule: PROVIDED, That such fee shall not
exceed two hundred dollars. [1989 c 431 § 22; 1973 c 115
§ 9; 1961 c 295 § 6.]
81.77.060 Liability and property damage insurance—Surety bond. The commission, in granting certificates to operate a solid waste collection company, shall
require the owner or operator to first procure liability and
property damage insurance from a company licensed to make
liability insurance in the state or a surety bond of a company
licensed to write surety bonds in the state, on each motor
propelled vehicle used or to be used in transporting solid
waste for compensation in the amount of not less than
twenty-five thousand dollars for any recovery for personal
injury by one person, and not less than ten thousand dollars
and in such additional amount as the commission shall
determine, for all persons receiving personal injury by reason
of one act of negligence, and not less than ten thousand
dollars for damage to property of any person other than the
assured, and to maintain such liability and property damage
insurance or surety bond in force on each motor propelled
vehicle while so used. Each policy for liability or property
damage insurance or surety bond required herein shall be
filed with the commission and kept in full force and effect
(2002 Ed.)
81.77.040
and failure so to do shall be cause for revocation of the
delinquent’s certificate. [1989 c 431 § 23; 1961 c 295 § 7.]
81.77.070 Public service company law invoked. In
all respects in which the commission has power and authority under this chapter, applications and complaints may be
made and filed with it, process issued, hearings held,
opinions, orders and decisions made and filed, petitions for
rehearing filed and acted upon, and petitions for writs of
review, to the superior court filed therewith, appeals or
mandate filed with the supreme court of this state, considered and disposed of by said courts in the manner, under the
conditions, and subject to the limitations, and with the effect
specified in this title for public service companies generally.
[1961 c 295 § 8.]
81.77.080 Companies to file reports of gross
operating revenue and pay fees—Legislative intent—
Disposition of revenue. Every solid waste collection
company shall, on or before the 1st day of April of each
year, file with the commission a statement on oath showing
its gross operating revenue from intrastate operations for the
preceding calendar year, or portion thereof, and pay to the
commission a fee equal to one percent of the amount of
gross operating revenue: PROVIDED, That the fee shall in
no case be less than one dollar.
It is the intent of the legislature that the fees collected
under the provisions of this chapter shall reasonably approximate the cost of supervising and regulating motor carriers
subject thereto, and to that end the utilities and transportation
commission is authorized to decrease the schedule of fees
provided in this section by general order entered before
March 1st of any year in which it determines that the
moneys then in the solid waste collection companies account
of the public service revolving fund and the fees currently to
be paid will exceed the reasonable cost of supervising and
regulating such carriers.
All fees collected under this section or under any other
provision of this chapter shall be paid to the commission and
shall be by it transmitted to the state treasurer within thirty
days to be deposited to the credit of the public service
revolving fund. [1989 c 431 § 24; 1971 ex.s. c 143 § 3;
1969 ex.s. c 210 § 11; 1963 c 59 § 12; 1961 c 295 § 9.]
81.77.090 Penalty. Every person who violates or fails
to comply with, or who procures, aids, or abets in the
violation of any provisions of this chapter, or who fails to
obey, or comply with any order, decision, rule, regulation,
direction, demand, or requirement of the commission, or any
part or provision thereof, is guilty of a gross misdemeanor.
[1961 c 295 § 10.]
81.77.100 Scope of chapter with respect to foreign
or interstate commerce—Regulation of solid waste
collection companies. Neither this chapter nor any provision thereof shall apply, or be construed to apply, to commerce with foreign nations or commerce among the several
states except insofar as the same may be permitted under the
provisions of the Constitution of the United States and the
acts of congress.
[Title 81 RCW—page 61]
81.77.100
Title 81 RCW: Transportation
However, in order to protect public health and safety
and to ensure solid waste collection services are provided to
all areas of the state, the commission, in accordance with
this chapter, shall regulate all solid waste collection companies conducting business in the state. [1989 c 431 § 25;
1985 c 436 § 2; 1961 c 295 § 11.]
81.77.110 Temporary certificates. The commission
may with or without a hearing issue temporary certificates to
engage in the business of operating a solid waste collection
company, but only after it finds that the issuance of such
temporary certificate is consistent with the public interest.
Such temporary certificate may be issued for a period up to
one hundred eighty days where the area or territory covered
thereby is not contained in the certificate of any other solid
waste collection company. In all other cases such temporary
certificate may be issued for a period not to exceed one
hundred twenty days. The commission may prescribe such
special rules and regulations and impose such special terms
and conditions with reference thereto as in its judgment are
reasonable and necessary in carrying out the provisions of
this chapter. The commission shall collect a fee of twentyfive dollars for an application for such temporary certificate.
[1989 c 431 § 26; 1965 ex.s. c 105 § 2.]
81.77.120 Service to unincorporated areas of
counties. A county legislative authority shall periodically
comment to the commission in writing concerning the
authority’s perception of the adequacy of service being
provided by regulated franchisees serving the unincorporated
areas of the county. The county legislative authority shall
also receive and forward to the commission all letters of
comment on services provided by regulated franchise
holder(s) serving unincorporated areas of the county. Any
such written comments or letters shall become part of the record of any rate, compliance, or any other hearing held by
the commission on the issuance, revocation, or reissuance of
a certificate provided for in RCW 81.77.040. [1987 c 239
§ 3.]
81.77.130 Application of chapter to collection or
transportation of source separated recyclable materials.
The provisions of chapter 81.77 RCW shall not apply to the
collection or transportation of source separated recyclable
materials from residences under a contract with any county,
city, or town, nor to any city or town which itself undertakes
the collection and transportation of source separated recyclable materials from residences. [1989 c 431 § 19.]
81.77.140 Application of chapter—Collection and
transportation of recyclable materials by recycling
companies or nonprofit entities—Reuse or reclamation.
Nothing in this chapter shall prevent a recycling company or
nonprofit entity from collecting and transporting recyclable
materials from a buy-back center, drop-box, or from a
commercial or industrial generator of recyclable materials, or
upon agreement with a solid waste collection company.
Nothing in this chapter shall be construed as prohibiting
a commercial or industrial generator of commercial recyclable materials from selling, conveying, or arranging for
[Title 81 RCW—page 62]
transportation of such material to a recycler for reuse or
reclamation. [1989 c 431 § 31.]
81.77.160 Pass-through rates—Rules. (1) The
commission, in fixing and altering collection rates charged
by every solid waste collection company under this section,
shall include in the base for the collection rates:
(a) All charges for the disposal of solid waste at the
facility or facilities designated by a local jurisdiction under
a local comprehensive solid waste management plan or
ordinance; and
(b) All known and measurable costs related to implementation of the approved county or city comprehensive
solid waste management plan.
(2) If a solid waste collection company files a tariff to
recover the costs specified under this section, and the
commission suspends the tariff, the portion of the tariff
covering costs specified in this section shall be placed in
effect by the commission at the request of the company on
an interim basis as of the originally filed effective date,
subject to refund, pending the commission’s final order. The
commission may adopt rules to implement this section.
(3) This section applies to a solid waste collection
company that has an affiliated interest under chapter 81.16
RCW with a facility, if the total cost of disposal, including
waste transfer, transport, and disposal charges, at the facility
is equal to or lower than any other reasonable and currently
available option. [1997 c 434 § 1; 1989 c 431 § 30.]
Section captions not law—1989 c 431: See RCW 70.95.902.
81.77.170 Fees, charges, or taxes—Normal operating expense. For rate-making purposes, a fee, charge, or tax
on the disposal of solid waste shall be considered a normal
operating expense of the solid waste collection company.
[1989 c 431 § 36.]
Section captions not law—1989 c 431: See RCW 70.95.902.
81.77.180 Recyclable materials collection—
Processing and marketing. (1) A solid waste collection
company collecting recyclable materials from residences
shall utilize one or more private recycling businesses when
arranging for the processing and marketing of such materials,
if the following conditions are met:
(a) A recycling business is located within the county at
the time the collection program commences or at any time
that the solid waste collection company changes its existing
processor;
(b) A local private recycling business is capable and
competent to provide the processing and marketing service;
and
(c) A local private recycling business offers to pay a
price for the recyclable materials which is equal to or greater
than the price offered by out-of-county private recyclers, or
proposes a charge for the processing and marketing service
which is equal to or less than the charge for the service
available from an out-of-county private recycler.
(2) This section shall not apply to:
(a) Cities or towns who exercise their authority under
RCW 81.77.130 to provide residential curbside collection of
recyclable materials;
(2002 Ed.)
Solid Waste Collection Companies
(b) A solid waste collection company that is directed by
a city, town, or county to utilize a publicly owned recyclable
processing facility located within such city, town, or county;
or
(c) Counties which exercise their authority under RCW
36.58.040 to contract for the residential curbside collection
of source separated recyclables.
This section shall not apply to programs for the collection of source separated recyclable materials where rates to
implement the programs have been filed with the commission prior to May 21, 1991.
(3) For the purposes of this section, "private recycling
business" means any private for-profit or private not-forprofit firm that engages in the processing and marketing of
recyclable materials.
(4) This section is not enforceable by complaint filed
with the commission. [1991 c 319 § 403.]
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
81.77.185 Recyclable materials collection—Revenue
sharing. (1) The commission shall allow solid waste
collection companies collecting recyclable materials to retain
up to thirty percent of the revenue paid to the companies for
the material if the companies submit a plan to the commission that is certified by the appropriate local government
authority as being consistent with the local government solid
waste plan and that demonstrates how the revenues will be
used to increase recycling. The remaining revenue shall be
passed to residential customers.
(2) By December 2, 2005, the commission shall provide
a report to the legislature that evaluates:
(a) The effectiveness of revenue sharing as an incentive
to increase recycling in the state; and
(b) The effect of revenue sharing on costs to customers.
[2002 c 299 § 6.]
Chapter 81.80
MOTOR FREIGHT CARRIERS
Sections
81.80.010
81.80.020
81.80.030
81.80.040
81.80.045
81.80.050
81.80.060
81.80.070
81.80.080
81.80.090
81.80.100
81.80.110
81.80.115
81.80.120
81.80.130
81.80.132
81.80.140
81.80.150
81.80.170
81.80.175
81.80.190
81.80.195
81.80.200
81.80.211
81.80.220
81.80.230
81.80.240
81.80.250
81.80.260
81.80.270
81.80.272
81.80.280
81.80.290
81.80.301
81.77.190 Curbside recycling—Reduced rate. (1) If
the commission authorizes a surcharge or reduced rate
incentive based on a customer’s participation in a company’s
curbside residential recycling program, customers participating in any other noncurbside recycling program approved by
the jurisdiction shall be eligible for such incentives.
(2) For the purpose of this section, "reduced rate" means
a residential solid waste collection rate incorporating a
rebate, refund, or discount. It does not include any residential solid waste collection rate based on the volume or
weight of solid waste set out for collection. [1991 c 319 §
406.]
81.80.305
81.80.312
Severability—Part headings not law—1991 c 319: See RCW
70.95F.900 and 70.95F.901.
81.80.360
81.80.370
81.80.371
81.77.900
70.95.901.
Severability—1989 c 431. See RCW
81.80.318
81.80.321
81.80.330
81.80.340
81.80.345
81.80.346
81.80.355
81.80.357
81.80.375
81.80.380
81.80.381
81.80.391
81.80.395
81.80.400
(2002 Ed.)
81.77.180
Definitions.
Declaration of policy.
Hidden transportation charges.
Exempt vehicles.
Exemption—Freight consolidators.
Compliance required.
Combination of services.
Grant or denial of permit—Cease and desist orders—
Penalty.
Application for permit.
Form of application—Filing fees.
Form and contents of permit.
Limitation on renewal of application.
Fees imposed under this chapter—Procedure for contesting—Rules.
Classification of carriers.
Regulatory power of commission over common carriers.
Common carriers—Estimate of charges for household
goods—Penalty.
Regulatory power over contract carriers.
Tariffs to be compiled and sold by commission.
Temporary permits.
Permits for farm to market hauling.
Insurance or deposit of security.
Liability insurance requirements exclusive.
Conditions may be attached to permits.
Hours of operators—Rules and regulations.
Tariff rates must be charged.
Penalty for rebating—Procedures for collection.
Joint through rates.
Bond to protect shippers and consignees.
Operation in more than one class.
Permits—Transfer—Assignment—Acquisition of carrier
holding permit—Commission approval—Duties on
cessation of operation.
Transfer of decedent’s interest—Temporary continuance of
operations.
Cancellation of permits.
Rules and regulations.
Registration of motor carriers doing business in state—
Identification number—Receipt carried in cab—Fees.
Markings required—Exemptions.
Interchange of trailers, semitrailers, or power units—
Interchange agreement, approval, restrictions—Procedure
when no agreement.
Single trip transit permit.
Regulatory fee—Based on gross income—Legislative intent—Delinquent fee payments—Public service revolving fund.
Enforcement of chapter.
Public service law invoked.
Venue—Hearings on applications.
Venue—Appeals from rulings and orders.
Unlawful advertising—Penalty.
Advertising—Household goods—Permit number required—
Penalty.
Procedure—Penalties—General statute invoked.
Application to interstate commerce.
Carriers must register authority from interstate commerce
commission.
Fee when federal requirements necessitate uniform forms
evidencing interstate operations.
Cooperation with federal government.
Regulation pursuant to act of congress or agreement with
interstate commerce commission.
Reciprocity—Apportionment of regulatory fees.
Idaho vehicles exempt—Reciprocity.
Commercial zones and terminal areas—Common carriers
with existing business within zone—Persons seeking to
serve as common carriers after designation.
[Title 81 RCW—page 63]
Chapter 81.80
Title 81 RCW: Transportation
81.80.410
Commercial zones and terminal areas—Common carriers
with existing general freight authority.
81.80.420 Commercial zones and terminal areas—Expansion by commission.
81.80.430 Brokers and forwarders.
81.80.440 Recovered materials transportation—When permit required—Rate regulation exemption—Definitions.
81.80.450 Recovered materials transportation—Evaluation of rate regulation exemption—Required information—Rules.
81.80.460 Recovered materials transportation—Construction.
Reciprocal or proportional registration of vehicles: Chapter 46.85 RCW.
Taxation of motor carriers of freight for hire—Allocation of gross receipts:
RCW 35.21.840.
81.80.010 Definitions. The definitions set forth in this
section apply throughout this chapter.
(1) "Person" means and includes an individual, firm,
copartnership, corporation, company, or association or their
lessees, trustees, or receivers.
(2) "Motor vehicle" means any truck, trailer, semitrailer,
tractor, dump truck which uses a hydraulic or mechanical
device to dump or discharge its load, or any self-propelled
or motor-driven vehicle used upon any public highway of
this state for the purpose of transporting property, but not
including baggage, mail, and express transported on the
vehicles of auto transportation companies carrying passengers.
(3) "Public highway" means every street, road, or
highway in this state.
(4) "Common carrier" means any person who undertakes
to transport property for the general public by motor vehicle
for compensation, whether over regular or irregular routes,
or regular or irregular schedules, including motor vehicle
operations of other carriers by rail or water and of express
or forwarding companies.
(5) "Contract carrier" includes all motor vehicle operators not included under the terms "common carrier" and
"private carrier" as herein defined in paragraph (4) and
paragraph (6), and further includes any person who under
special and individual contracts or agreements transports
property by motor vehicle for compensation.
(6) A "private carrier" is a person who transports by his
own motor vehicle, with or without compensation therefor,
property which is owned or is being bought or sold by such
person, or property of which such person is the seller,
purchaser, lessee, or bailee where such transportation is
incidental to and in furtherance of some other primary
business conducted by such person in good faith.
(7) "Motor carrier" means and includes "common
carrier," "contract carrier," "private carrier," and "exempt
carrier" as herein defined.
(8) "Exempt carrier" means any person operating a
vehicle exempted from certain provisions of this chapter
under RCW 81.80.040.
(9) "Vehicle" means every device capable of being
moved upon a public highway and in, upon, or by which any
person or property is or may be transported or drawn upon
a public highway, excepting devices moved by human or
animal power or used exclusively upon stationary rail or
tracks.
(10) "Commercial zone" means an area encompassing
one or more cities or towns and environs adjacent thereto
established pursuant to RCW 81.80.400.
[Title 81 RCW—page 64]
(11) "Terminal area" means an area including one or
more cities or towns and environs adjacent thereto established pursuant to RCW 81.80.400.
(12) "Common carrier" and "contract carrier" includes
persons engaged in the business of providing, contracting
for, or undertaking to provide transportation of property for
compensation over the public highways of the state of
Washington as brokers or forwarders. [1989 c 60 § 1; 1988
c 31 § 1; 1982 c 71 § 1; 1967 c 69 § 1; 1961 c 14 §
81.80.010. Prior: 1937 c 166 § 2; 1935 c 184 § 2; RRS §
6382-2.]
Severability—1982 c 71: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 c 71 § 5.]
Severability—1967 c 69: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1967 c 69 § 4.]
81.80.020 Declaration of policy. The business of
operating as a motor carrier of freight for compensation
along the highways of this state is declared to be a business
affected with a public interest. The rapid increase of motor
carrier freight traffic and the fact that under the existing law
many motor trucks are not effectively regulated have
increased the dangers and hazards on public highways and
make it imperative that more complete regulation should be
employed to the end that the highways may be rendered
safer for the use of the general public; that the wear of such
highways may be reduced; that congestion on highways may
be minimized; that the shippers of the state may be provided
with a stabilized service and rate structure; that sound
economic conditions in such transportation and among such
carriers may be fostered in the public interest; that adequate,
economical, and efficient service by motor carriers, and
reasonable charges therefor, without unjust discrimination,
undue preferences or advantages, or unfair or destructive
competitive practices may be promoted; that the common
carriage of commodities by motor carrier may be preserved
in the public interest; that the relations between, and transportation by and regulation of, motor carriers and other
carriers may be improved and coordinated so that the
highways of the state of Washington may be properly
developed and preserved, and the public may be assured
adequate, complete, dependable and stable transportation
service in all its phases. [1961 c 14 § 81.80.020. Prior:
1937 c 166 § 1; 1935 c 184 § 1; RRS § 6382-1.]
81.80.030 Hidden transportation charges. Operators
of motor vehicles excluded from the term "private carrier,"
other than "common carriers" shall not be compelled to
dedicate their property to the business of public transportation and subject themselves to all the duties and burdens
imposed by this chapter upon "common carriers," but where
they recover the cost of transportation through price differentials or in any other direct or indirect manner and such
transportation cost recovery unreasonably endangers the
stability of rates and the essential transportation service
involving the movement of commodities over the same route
or routes by other types of carriage, then such transportation
costs, attempted to be recovered, shall not be less than the
(2002 Ed.)
Motor Freight Carriers
rate, fare or charge regularly established by the department
for such transportation service if given by other types of
carriers, it being the intention of the legislature to foster a
stable rate structure free of discriminations for the shippers
of the state of Washington. [1961 c 14 § 81.80.030. Prior:
1937 c 166 § 3; RRS § 6382-2a.]
81.80.040 Exempt vehicles. The provisions of this
chapter, except where specifically otherwise provided, and
except the provisions providing for licenses, shall not apply
to:
(1) Motor vehicles when operated in transportation
exclusively within the corporate limits of any city or town of
less than ten thousand population unless contiguous to a city
or town of ten thousand population or over, nor between
contiguous cities or towns both or all of which are less than
ten thousand population;
(2) Motor vehicles when operated in transportation
wholly within the corporate limits of cities or towns of ten
thousand or more but less than thirty thousand population, or
between such cities or towns when contiguous, as to which
the commission, after investigation and the issuance of an
order thereon, has determined that no substantial public
interest exists which requires that such transportation be
subject to regulation under this chapter;
(3) Motor vehicles when transporting exclusively the
United States mail or in the transportation of newspapers or
periodicals;
(4) Motor vehicles owned and operated by the United
States, the state of Washington, or any county, city, town, or
municipality therein, or by any department of them, or either
of them;
(5) Motor vehicles specially constructed for towing not
more than two disabled, unauthorized, or repossessed motor
vehicles, wrecking, or exchanging an operable vehicle for a
disabled vehicle and not otherwise used in transporting
goods for compensation. For the purposes of this subsection,
a vehicle is considered to be repossessed only from the time
of its actual repossession through the end of its initial tow;
(6) Motor vehicles normally owned and operated by
farmers in the transportation of their own farm, orchard, or
dairy products, including livestock and plant or animal
wastes, from point of production to market, or in the infrequent or seasonal transportation by one farmer for another
farmer, if their farms are located within twenty miles of each
other, of products of the farm, orchard, or dairy, including
livestock and plant or animal wastes, or of supplies or
commodities to be used on the farm, orchard, or dairy;
(7) Motor vehicles when transporting exclusively water
in connection with construction projects only;
(8) Motor vehicles of less than 8,000 pounds gross
vehicle weight when transporting exclusively legal documents, pleadings, process, correspondence, depositions,
briefs, medical records, photographs, books or papers, cash
or checks, when moving shipments of the documents
described at the direction of an attorney as part of providing
legal services. [1993 c 121 § 4; 1984 c 171 § 1; 1979 ex.s.
c 6 § 1; 1963 c 59 § 7; 1961 c 14 § 81.80.040. Prior: 1957
c 205 § 4; 1949 c 133 § 1; 1947 c 263 § 1; 1937 c 166 § 4;
1935 c 184 § 3; Rem. Supp. 1949 § 6382-3.]
(2002 Ed.)
81.80.030
81.80.045 Exemption—Freight consolidators. (1)
Except as provided in subsections (2) and (3) of this section,
the provisions of this chapter shall not apply to the operations of a shipper or a group or association of shippers in
consolidating or distributing freight for themselves or for
their members on a nonprofit basis for the purpose of
securing the benefits of carload, truckload, or other volume
rates, when the services of a common carrier are used for the
transportation of such shipments.
(2) Every shipper or group or association of shippers
claiming this exemption shall file with the commission on an
annual basis a statement of nonprofit status and such proof
of that status as the commission may by rule require.
(3) The commission may examine the books and records
of any shipper or group or association of shippers claiming
exemption under this section solely for the purpose of
investigating violations of this section. [1979 ex.s. c 138 §
1.]
81.80.050 Compliance required. It shall be unlawful
for any person to operate as a "motor carrier" on any public
highway of this state except in accordance with the provisions of this chapter. [1961 c 14 § 81.80.050. Prior: 1935
c 184 § 4; RRS § 6382-4.]
81.80.060 Combination of services. Every person
who engages for compensation to perform a combination of
services a substantial portion of which includes transportation of property of others upon the public highways shall
be subject to the jurisdiction of the commission as to such
transportation and shall not engage upon the same without
first having obtained a common carrier or contract carrier
permit to do so. An example of such a combination of
services shall include, but not be limited to, the delivery of
household appliances for others where the delivering carrier
also unpacks or uncrates the appliances and makes the initial
installation thereof. Every person engaging in such a
combination of services shall advise the commission what
portion of the consideration is intended to cover the transportation service and if the agreement covering the combination
of services is in writing, the rate and charge for such
transportation shall be set forth therein. The rates or charges
for the transportation services included in such combination
of services shall be subject to control and regulation by the
commission in the same manner that the rates of common
and contract carriers are now controlled and regulated. Any
person engaged in extracting and/or processing and, in
connection therewith, hauling materials exclusively for the
maintenance, construction or improvement of a public
highway shall not be deemed to be performing a combination of services. [1969 ex.s. c 210 § 17; 1969 c 33 § 1.
Prior: 1967 ex.s. c 145 § 77; 1967 c 69 § 2; 1965 ex.s. c
170 § 40; 1961 c 14 § 81.80.060; prior: 1937 c 166 § 5;
RRS § 6382-4a.]
Severability—1967 c 69: See note following RCW 81.80.010.
81.80.070 Grant or denial of permit—Cease and
desist orders—Penalty. (1) No "common carrier," "contract
carrier," or "temporary carrier" shall operate for the transportation of property for compensation in this state without first
obtaining from the commission a permit so to do. Permits
[Title 81 RCW—page 65]
81.80.070
Title 81 RCW: Transportation
heretofore issued or hereafter issued to any carrier, shall be
exercised by said carrier to the fullest extent so as to render
reasonable service to the public. Applications for common
or contract carrier permits or extensions thereof shall be on
file for a period of at least thirty days prior to the granting
thereof unless the commission finds that special conditions
require the earlier granting thereof.
(2) A permit or extension thereof shall be issued to any
qualified applicant therefor, authorizing the whole or any
part of the operations covered by the application, if it is
found that the applicant is fit, willing, and able properly to
perform the services proposed and conform to the provisions
of this chapter and the requirements, rules and regulations of
the commission thereunder, and that such operations will be
consistent with the public interest, and, in the case of
common carriers, that the same are or will be required by
the present or future public convenience and necessity,
otherwise such application shall be denied.
(3) Nothing contained in this chapter shall be construed
to confer upon any person or persons the exclusive right or
privilege of transporting property for compensation over the
public highways of the state.
(4) A common carrier, contract carrier, or temporary
carrier operating without the permit required in subsection
(1) of this section, or who violates a cease and desist order
of the commission issued under RCW 81.04.510, is subject
to a penalty, under the process set forth in RCW 81.04.405,
of one thousand five hundred dollars.
(5) Notwithstanding RCW 81.04.510, the commission
may, in conjunction with issuing the penalty set forth in
subsection (4) of this section, issue cease and desist orders
to carriers operating without the permit required in subsection (1) of this section, and to all persons involved in the
carriers’ operations. [1999 c 79 § 1; 1963 c 242 § 1; 1961
c 14 § 81.80.070. Prior: 1953 c 95 § 17; 1947 c 264 § 2;
1941 c 163 § 1; 1937 c 166 § 6; 1935 c 184 § 5; Rem.
Supp. 1947 § 6382-5.]
81.80.080 Application for permit. Application for
permits shall be made to the commission in writing and shall
state the ownership, financial condition, equipment to be
used and physical property of the applicant, the territory or
route or routes in or over which the applicant proposes to
operate, the nature of the transportation to be engaged in and
such other information as the commission may require, and
in case such application is that of a "contract carrier" shall
have attached thereto photocopies of all contracts to furnish
transportation covered by such application. [1991 c 41 § 1;
1961 c 14 § 81.80.080. Prior: 1935 c 184 § 6; RRS §
6382-6.]
81.80.090 Form of application—Filing fees. The
commission shall prescribe forms of application for permits
and for extensions thereof for the use of prospective applicants, and for transfer of permits and for acquisition of
control of carriers holding permits, and shall make regulations for the filing thereof. Any such application shall be
accompanied by such filing fee as the commission may
prescribe by rule: PROVIDED, That such fee shall not
exceed five hundred fifty dollars. [1993 c 97 § 5; 1973 c
[Title 81 RCW—page 66]
115 § 10; 1961 c 14 § 81.80.090. Prior: 1941 c 163 § 2;
1937 c 166 § 7; 1935 c 184 § 7; RRS § 6382-7.]
81.80.100 Form and contents of permit. Permits
granted by the commission shall be in such form as the
commission shall prescribe and shall set forth the name and
address of the person to whom the permit is granted, the
nature of the transportation service to be engaged in and the
principal place of operation, termini or route to be used or
territory to be served by the operation. No permit holder
shall operate except in accordance with the permit issued to
him. [1961 c 14 § 81.80.100. Prior: 1935 c 194 § 8; RRS
§ 6382-8.]
81.80.110 Limitation on renewal of application. No
person whose application for a permit has been denied after
hearing under any of the provisions of this chapter shall be
eligible to renew the application for a period of six months
from the date of the order denying such application. [1961
c 14 § 81.80.110. Prior: 1947 c 264 § 3; 1935 c 184 § 9;
Rem. Supp. 1947 § 6382-9.]
81.80.115 Fees imposed under this chapter—
Procedure for contesting—Rules. If a person seeks to
contest the imposition of a fee imposed under this chapter,
the person shall pay the fee and request a refund within six
months of the due date for the payment by filing a petition
for a refund with the commission. The commission shall
establish by rule procedures for handling refund petitions and
may delegate the decisions on refund petitions to the
secretary of the commission. [1993 c 97 § 6.]
81.80.120 Classification of carriers. The commission
may from time to time establish such just and reasonable
classifications of the groups of carriers included in the terms
"common carriers" and "contract carriers" as the special
nature of the services performed by such carriers shall
require, and such just and reasonable rules, regulations and
requirements, consistent with the provisions of this chapter,
to be observed by the carriers so classified or grouped, as
the commission deems necessary or advisable in the public
interest. [1961 c 14 § 81.80.120. Prior: 1937 c 166 § 8;
1935 c 184 § 10; RRS § 6382-10.]
81.80.130 Regulatory power of commission over
common carriers. The commission shall supervise and
regulate every "common carrier" in this state; make, fix,
alter, and amend, just, fair, reasonable, minimum, maximum,
or minimum and maximum, rates, charges, classifications,
rules, and regulations for all "common carriers"; regulate the
accounts, service, and safety of operations thereof; require
the filing of reports and other data thereby; and supervise
and regulate all "common carriers" in all other matters
affecting their relationship with competing carriers of every
kind and the shipping and general public: PROVIDED, The
commission may by order approve rates filed by common
carriers in respect to certain designated commodities and
services when, in the opinion of the commission, it is
impractical for the commission to make, fix, or prescribe
rates covering such commodities and services. [1961 c 14
(2002 Ed.)
Motor Freight Carriers
§ 81.80.130. Prior: 1957 c 205 § 5; 1937 c 166 § 9; 1935
c 184 § 11; RRS § 6382-11.]
81.80.132 Common carriers—Estimate of charges
for household goods—Penalty. When a common carrier
gives an estimate of charges for services in carrying household goods, the carrier will endeavor to accurately reflect the
actual charges. The carrier is subject to a monetary penalty
not to exceed one thousand dollars per violation when the
actual charges exceed the percentages allowed by the
commission. [1993 c 392 § 1.]
81.80.140 Regulatory power over contract carriers.
The commission is hereby vested with power and authority,
and it is hereby made its duty, to supervise and regulate
every "contract carrier" in this state; to fix, alter and amend,
just, fair and reasonable classifications, rules and regulations
and minimum rates and charges of each such "contract
carrier"; to regulate the account, service and safety of
operations thereof; and require the filing of reports and of
other data thereby; and to supervise and regulate such
"contract carriers" in all other matters affecting their relationship with both the shipping and the general public. [1961 c
14 § 81.80.140. Prior: 1937 c 166 § 11; 1935 c 184 § 12;
RRS § 6382-12.]
81.80.150 Tariffs to be compiled and sold by
commission. The commission shall make, fix, construct,
compile, promulgate, publish, and distribute tariffs containing
compilations of rates, charges, classifications, rules, and
regulations to be used by all common carriers. In compiling
such tariffs it shall include within any given tariff compilation such carriers, groups of carriers, commodities, or
geographical areas as it determines shall be in the public
interest. Such compilations and publications may be made
by the commission by compiling the rates, charges, classifications, rules, and regulations now in effect, and as they may
be amended and altered from time to time after notice and
hearing, by issuing and distributing revised pages or supplements to such tariffs or reissues thereof in accordance with
the orders of the commission: PROVIDED, That the
commission, upon good cause shown, may establish temporary rates, charges, or classification changes which may be
made permanent only after publication in an applicable tariff
for not less than sixty days, and determination by the
commission thereafter that the rates, charges or classifications are just, fair, and reasonable: PROVIDED FURTHER,
That temporary rates shall not be made permanent except
upon notice and hearing if within sixty days from date of
publication, a shipper or common carrier, or representative
of either, shall file with the commission a protest alleging
such temporary rates to be unjust, unfair, or unreasonable.
For purposes of this proviso, the publication of temporary
rates in the tariff shall be deemed adequate public notice.
Nothing herein shall be construed to prevent the commission
from proceeding on its own motion, upon notice and hearing,
to fix and determine just, fair, and reasonable rates, charges,
and classifications. Each common carrier shall purchase
from the commission and post tariffs applicable to its
authority. The commission shall set fees for sale of the
tariffs, and supplements and corrections of them, at rates to
(2002 Ed.)
81.80.130
cover all costs of making, fixing, constructing, compiling,
promulgating, publishing, and distributing the tariffs. The
proper tariff, or tariffs, applicable to a carrier’s operations
shall be available to the public at each agency and office of
all common carriers operating within this state. Such
compilations and publications shall be sold by the commission for the established fee. However, copies may be furnished free to other regulatory bodies and departments of
government and to colleges, schools, and libraries. All
copies of the compilations, whether sold or given free, shall
be issued and distributed under rules and regulations to be
fixed by the commission: PROVIDED FURTHER, That the
commission may by order authorize common carriers to
publish and file tariffs with the commission and be governed
thereby in respect to certain designated commodities and
services when, in the opinion of the commission, it is
impractical for the commission to make, fix, construct,
compile, publish, and distribute tariffs covering such commodities and services. [1993 c 97 § 4; 1981 c 116 § 2;
1973 c 115 § 11; 1961 c 14 § 81.80.150. Prior: 1959 c 248
§ 5; 1957 c 205 § 6; 1947 c 264 § 4; 1941 c 163 § 3; 1937
c 166 § 10; Rem. Supp. 1947 § 6382-11a.]
81.80.170 Temporary permits. The commission may
issue temporary permits to temporary "common carriers" or
"contract carriers" for a period not to exceed one hundred
eighty days, but only after it finds that the issuance of such
temporary permits is consistent with the public interest. It
may prescribe such special rules and regulations and impose
such special terms and conditions with reference thereto as
in its judgment are reasonable and necessary in carrying out
the provisions of this chapter.
The commission may also issue temporary permits
pending the determination of an application filed with the
commission for approval of a consolidation or merger of the
properties of two or more common carriers or contract
carriers or of a purchase or lease of one or more common
carriers or contract carriers. [1963 c 242 § 2; 1961 c 14 §
81.80.170. Prior: 1953 c 95 § 18; 1947 c 264 § 5; 1937 c
166 § 12; 1935 c 184 § 14; Rem. Supp. 1947 § 6382-14.]
81.80.175 Permits for farm to market hauling. A
permit or extension thereof for hauling unprocessed or
unmanufactured agricultural commodities and livestock for
a distance not to exceed eighty miles from the point of
production to primary markets shall be issued to any
qualified applicant therefor, authorizing the whole or part of
the operations covered by the application, if it is found that
the applicant is fit, willing, and able properly to perform the
services proposed and conform to the provisions of this
chapter and the requirements, rules and regulations of the
commission thereunder, and that such operations will be consistent with the public interest. [1963 c 242 § 5.]
81.80.190 Insurance or deposit of security. The
commission shall in the granting of permits to "common
carriers" and "contract carriers" under this chapter require
such carriers to either procure and file liability and property
damage insurance from a company licensed to write such
insurance in the state of Washington, or deposit such
security, for such limits of liability and upon such terms and
[Title 81 RCW—page 67]
81.80.190
Title 81 RCW: Transportation
conditions as the commission shall determine to be necessary
for the reasonable protection of the public against damage
and injury for which such carrier may be liable by reason of
the operation of any motor vehicle.
In fixing the amount of said insurance policy or policies,
or deposit of security, the commission shall give due
consideration to the character and amount of traffic and the
number of persons affected and the degree of danger which
the proposed operation involves.
If the commission is notified of the cancellation,
revocation, or any other changes in the required insurance or
security of a common carrier or contract carrier with a
permit to transport radioactive or hazardous materials, the
commission shall immediately notify the state radiation
control agency of the change. [1986 c 191 § 5; 1961 c 14
§ 81.80.190. Prior: 1935 c 184 § 16; RRS § 6382-16.]
Construction—Severability—1986 c 191: See RCW 43.200.905 and
43.200.906.
81.80.195 Liability insurance requirements exclusive. This chapter shall exclusively govern the liability
insurance requirements for motor vehicle common and
contract carriers. Any motor vehicle that meets the public
liability requirements prescribed under RCW 81.80.190 shall
not be required to comply with any ordinances of a city or
county prescribing insurance requirements. [1989 c 264 §
2.]
Policy—1989 c 264: "The state legislature has prescribed what
requirements are necessary for public liability insurance for motor vehicle
common and contract carriers to adequately protect both public and private
property, both real and personal. It is therefore necessary and desirable for
the state to prevent each city or county from applying its own separate
insurance regulations in addition to those required by the commission."
[1989 c 264 § 1.]
81.80.200 Conditions may be attached to permits.
The commission is hereby vested with power and authority
in issuing permits to any of the carriers classified in accordance with RCW 81.80.120 to attach thereto such terms and
conditions and to require such insurance or security as it
may deem necessary for the protection of the public highways and to be for the best interest of the shipping and the
general public. All such regulations and conditions shall be
deemed temporary and may be revoked by the commission
upon recommendation of the state or county authorities in
charge of highway maintenance or safety when in the judgment of such authorities such revocation is required in order
to protect the public or preserve the public highways. [1961
c 14 § 81.80.200. Prior: 1937 c 166 § 14; 1935 c 184 § 17;
RRS § 6382-17.]
81.80.211 Hours of operators—Rules and regulations. The commission may adopt rules and regulations
relating to the hours of duty of motor carrier drivers and
operators. [1961 c 14 § 81.80.211. Prior: 1953 c 95 § 23.]
81.80.220 Tariff rates must be charged. No "common carrier" or "contract carrier" shall collect or receive a
greater, less or different remuneration for the transportation
of property or for any service in connection therewith than
the rates and charges which shall have been legally established and filed with the commission, or as are specified in
[Title 81 RCW—page 68]
the contract or contracts filed, as the case may be, nor shall
any such carrier refund or remit in any manner or by any
device any portion of the rates and charges required to be
collected by each tariff or contract or filing with the commission.
The commission may check the records of all carriers
under this chapter and of those employing the services of the
carrier for the purpose of discovering all discriminations,
under or overcharges and rebates, and may suspend or
revoke permits for violations of this section.
The commission may refuse to accept any time schedule
or tariff or contract that will, in the opinion of the commission, limit the service of a carrier to profitable trips only or
to the carrying of high class commodities in competition
with other carriers who give a complete service and thus
afford one carrier an unfair advantage over a competitor.
[1961 c 14 § 81.80.220. Prior: 1937 c 166 § 16; 1935 c
184 § 19; RRS § 6382-19.]
81.80.230 Penalty for rebating—Procedures for
collection. Any person, whether carrier subject to the
provisions of this chapter, shipper, or consignee, or any officer, employee, agent, or representative thereof, who shall
offer, grant, or give, or solicit, accept, or receive any rebate,
concession, or discrimination in violation of any provision of
this chapter, or who by means of any false statement or
representation, or by the use of any false or fictitious bill,
bill of lading, receipt, voucher, roll, account, claim, certificate, affidavit, deposition, lease, or bill of sale, or by any
other means or device shall assist, suffer or permit any
person or persons, natural or artificial, to obtain transportation of property subject to this chapter for less than the
applicable rate, fare, or charge, or who shall fraudulently
seek to evade or defeat regulation as in this chapter provided
for motor carriers shall be subject to a civil penalty of not
more than one hundred dollars for each violation. Each and
every such violation shall be a separate and distinct offense,
and in case of a continuing violation every day’s continuance
shall be a separate and distinct violation. Every act of
commission or omission which procures, aids, or abets in the
violation shall be considered a violation under this section
and subject to the penalty provided for in this section.
The penalty provided for in this section shall become
due and payable when the person incurring the penalty
receives a notice in writing from the commission describing
the violation with reasonable particularity and advising the
person that the penalty is due. The commission may, upon
written application therefor, received within fifteen days,
remit or mitigate any penalty provided for in this section or
discontinue any prosecution to recover the penalty upon such
terms as the commission in its discretion deems proper. The
commission has authority to ascertain the facts upon all such
applications in such manner and under such regulations as it
may deem proper. If the penalty is not paid to the commission within fifteen days after receipt of notice imposing the
penalty or application for remission or mitigation has not
been made within fifteen days after the violator has received
notice of the disposition of the application, the attorney
general shall bring an action in the name of the state of
Washington in the superior court of Thurston county or of
some other county in which the violator may do business, to
(2002 Ed.)
Motor Freight Carriers
recover the penalty. In all such actions, the procedure and
rules of evidence shall be the same as in an ordinary civil
action except as otherwise provided in this section. All
penalties recovered under this section shall be paid into the
state treasury and credited to the public service revolving
fund. [1980 c 132 § 2; 1961 c 14 § 81.80.230. Prior: 1947
c 264 § 6; Rem. Supp. 1947 § 6382-19a.]
Effective date—1980 c 132: See note following RCW 81.29.020.
81.80.240 Joint through rates. The commission shall
have power and authority to require a common carrier by
motor vehicle, railroad, express or water to establish reasonable through rates with other common carriers by motor
vehicle, railroad, express and water, and to provide safe and
adequate service, equipment and facilities for the transportation of property; to establish and enforce just and reasonable
individual and joint rates, charges and classifications, and
just and reasonable regulations and practices relating thereto,
and in case of such joint rates, fares and charges to establish
just, reasonable and equitable divisions thereof as between
the carriers participating therein, which shall not unduly
prefer or prejudice any of such participating carriers. In
ordering and establishing joint through rates between
different types of carriers the commission shall give full
effect to the lower cost of transportation of property by any
type of carrier and shall reflect such lower cost by differentials under a through rate of the higher cost carrier. [1961
c 14 § 81.80.240. Prior: 1937 c 166 § 17; 1935 c 184 § 20;
RRS § 6382-20.]
81.80.250 Bond to protect shippers and consignees.
The commission may, under such rules and regulations as it
shall prescribe, require any common carrier to file a surety
bond, or deposit security, in a sum to be determined by the
commission, to be conditioned upon such carrier making
compensation to shippers and consignees for all money
belonging to shippers and consignees, and coming into the
possession of such carrier in connection with its transportation service. Any common carrier which may be required by
law to compensate a shipper or consignee for any loss,
damage or default for which a connecting common carrier is
legally responsible shall be subrogated to the rights of such
shipper or consignee under any such bond or deposit of
security to the extent of the sum so paid. [1961 c 14 §
81.80.250. Prior: 1935 c 184 § 21; RRS § 6382-21.]
81.80.260 Operation in more than one class. It shall
be unlawful for any person to operate any vehicle at the
same time in more than one class of operation, except upon
approval of the commission and a finding that such operation
will be in the public interest.
No "exempt carrier" as such shall transport property for
compensation except as hereinabove provided. [1967 c 69
§ 3; 1961 c 14 § 81.80.260. Prior: 1935 c 184 § 22; RRS
§ 6382-22.]
Severability—1967 c 69: See note following RCW 81.80.010.
81.80.270 Permits—Transfer—Assignment—
Acquisition of carrier holding permit—Commission
approval—Duties on cessation of operation. No permit
issued under the authority of this chapter shall be construed
(2002 Ed.)
81.80.230
to be irrevocable. Nor shall such permit be subject to
transfer or assignment except upon a proper showing that
property rights might be affected thereby, and then in the
discretion of the commission.
No person, partnership or corporation, singly or in
combination with any other person, partnership or corporation, whether a carrier holding a permit or otherwise, or any
combination of such, shall acquire control or enter into any
agreement or arrangement to acquire control of a common or
contract carrier holding a permit through ownership of its
stock or through purchase, lease or contract to manage the
business, or otherwise except after and with the approval and
authorization of the commission: PROVIDED, That upon
the dissolution of a partnership, which holds a permit,
because of the death, bankruptcy, or withdrawal of a partner
where such partner’s interest is transferred to his spouse or
to one or more remaining partners, or in the case of a
corporation which holds a permit, in the case of the death of
a shareholder where a shareholder’s interest upon death is
transferred to his spouse or to one or more of the remaining
shareholders, the commission shall transfer the permit to the
newly organized partnership which is substantially composed
of the remaining partners, or continue the corporation’s
permit without making the proceeding subject to hearing and
protest. In all other cases any such transaction either
directly or indirectly entered into without approval of the
commission shall be void and of no effect, and it shall be
unlawful for any person seeking to acquire or divest control
of such permit to be a party to any such transaction without
approval of the commission.
Every carrier who shall cease operation and abandon his
rights under the permits issued him shall notify the commission within thirty days of such cessation or abandonment,
and return to the commission the identification cards issued
to him. [1973 c 115 § 12; 1969 ex.s. c 210 § 12; 1965 ex.s.
c 134 § 1; 1963 c 59 § 6; 1961 c 14 § 81.80.270. Prior:
1959 c 248 § 24; 1937 c 166 § 18; 1935 c 184 § 23; RRS
§ 6382-23.]
81.80.272 Transfer of decedent’s interest—
Temporary continuance of operations. Except as otherwise provided in RCW 81.80.270 any permit granted to any
person under this chapter and held by that person alone or in
conjunction with others other than as stockholders in a
corporation at the time of his death shall be transferable the
same as any other right or interest of the person’s estate
subject to the following:
(1) Application for transfer shall be made to the
commission in such form and contain such information as
the commission shall prescribe. The transfer described in
any such application shall be approved if it appears from the
application or from any hearing held thereon or from any
investigation thereof that the proposed transferee is fit,
willing and able properly to perform the services authorized
by the permit to be transferred and to conform to the provisions of this chapter and the requirements, rules and regulations of the commission thereunder, otherwise the application
shall be denied.
(2) Temporary continuance of motor carrier operations
without prior compliance with the provisions of this section
will be recognized as justified by the public interest in cases
[Title 81 RCW—page 69]
81.80.272
Title 81 RCW: Transportation
in which the personal representatives, heirs or surviving
spouses of deceased persons desire to continue the operations
of the carriers whom they succeed in interest subject to such
reasonable rules and regulations as the commission may
prescribe.
In case of temporary continuance under this section the
successor shall immediately procure insurance or deposit
security as required by RCW 81.80.190.
Immediately upon any such temporary continuance of
motor carrier operations and in any event not more than
thirty days thereafter the successor shall give notice of the
succession by written notice to the commission containing
such information as the commission shall prescribe. [1973
c 115 § 13; 1965 ex.s. c 134 § 2.]
81.80.280 Cancellation of permits. Permits may be
canceled, suspended, altered or amended by the commission
upon complaint by any interested party, or upon the
commission’s own motion after notice and opportunity for
hearing, when the permittee or his or its agent has repeatedly
violated this chapter, the rules and regulations of the commission or the motor laws of this state or of the United
States, or the permittee has made unlawful rebates or has not
conducted his operation in accordance with the permit
granted him. Any person may at the instance of the commission be enjoined from any violation of the provisions of
this chapter, or any order, rule or regulation made by the
commission pursuant to the terms hereof. If such suit be
instituted by the commission no bond shall be required as a
condition to the issuance of such injunction. [1987 c 209 §
1; 1961 c 14 § 81.80.280. Prior: 1935 c 184 § 24; RRS §
6382-24.]
81.80.290 Rules and regulations. The commission
shall have power and authority, by general order or otherwise, to prescribe rules and regulations in conformity with
this chapter to carry out the purposes thereof, applicable to
any and all "motor carriers," or to any persons transporting
property by motor vehicle for compensation even though
they do not come within the term "motor carrier" as herein
defined.
The commission shall mail each holder of a permit
under this chapter a copy of such rules and regulations.
[1961 c 14 § 81.80.290. Prior: 1935 c 184 § 25; RRS §
6382-25.]
Violation of rules pertaining to vehicle equipment on motor carriers
transporting hazardous material: RCW 46.48.175.
81.80.301 Registration of motor carriers doing
business in state—Identification number—Receipt carried
in cab—Fees. The commission may implement a system to
register motor carriers doing business in this state, including,
but not limited to:
(1) The prescription of an identification number and the
issuance of a receipt that must be carried within the cab of
each motive power vehicle operated within this state;
(2) The adoption of requirements for the carriers to
carry other identifying information along with the identification number provided for in subsection (1) of this section;
(3) Participation in a single state registration program as
authorized by the Intermodal Surface Transportation Effi[Title 81 RCW—page 70]
ciency Act of 1991, 49 U.S.C. Sec. 11506, as in effect on
July 25, 1993; and
(4) The collection of any fee authorized by the
Intermodal Surface Transportation Efficiency Act, 49 U.S.C.
Sec. 11506, as in effect on July 25, 1993, in addition to any
other fees authorized by law. [1993 c 97 § 1.]
81.80.305 Markings required—Exemptions. (1) All
motor vehicles, other than those exempt under subsection (2)
of this section, must display a permanent marking identifying
the name or number, or both, on each side of the power
units. For a motor vehicle that is a common or contract
carrier under permit by the commission as described in
subsection (3)(a), a private carrier under subsection (4), or
a leased carrier as described in subsection (5) of this section,
any required identification that is added, modified, or
renewed after September 1, 1991, must be displayed on the
driver and passenger doors of the power unit. The identification must be in a clearly legible style with letters no less
than three inches high and in a color contrasting with the
surrounding body panel.
(2) This section does not apply to (a) vehicles exempt
under RCW 81.80.040, and (b) vehicles operated by private
carriers that singly or in combination are less than thirty-six
thousand pounds gross vehicle weight.
(3) If the motor vehicle is operated as (a) a common or
contract carrier under a permit by the commission, the
identification must contain the name of the permittee, or
business name, and the permit number, or (b) a common or
contract carrier holding both intrastate and interstate authority, the identification may be either the ICC certificate
number or commission permit number.
(4) If the motor vehicle is a private carrier, the identification must contain the name and address of either the
business operating the vehicle or the registered owner.
(5) If the motor vehicle is operated under lease, the
vehicle must display either permanent markings or placards
on the driver and passenger doors of the power unit. A
motor vehicle under lease (a) that is operated as a common
or contract carrier under permit by the commission must
display identification as provided in subsection (3)(a) of this
section, and (b) that is operated as a private carrier must
display identification as provided in subsection (4) of this
section. [1991 c 241 § 1.]
81.80.312 Interchange of trailers, semitrailers, or
power units—Interchange agreement, approval, restrictions—Procedure when no agreement. No carrier shall
interchange its trailers or semitrailers with any other carrier
without first filing an interchange agreement with and
securing approval thereof by the commission. The interchange agreement providing for the transfer or interchange
of trailers or semitrailers pursuant thereto shall be authorized
only on through movements between connecting regular
route carriers.
No carrier shall interchange its power units, with or
without drivers, with any other carrier, and no carrier shall
interchange its trailers or semitrailers with any other carrier
beyond that authorized in the preceding paragraph without
first filing an interchange agreement with and securing
approval thereof under rules adopted by the commission:
(2002 Ed.)
Motor Freight Carriers
PROVIDED, That such approval shall be given only for
interchanges between connecting regular route carriers and
only within an area which the commission has, following
hearing, found to be within the distribution area around a
city or cities one of which has a population of not less than
one hundred thousand, and has further found it consistent
with the public interest to allow such interchange agreements
due to a lack of service or a resultant improvement in service and operating economies: PROVIDED FURTHER,
That such interchange agreements are limited to traffic
having both origin and final destination within such area and
the points or point of interchange are located within such
area and are common to both carriers and are named in the
interchange agreement.
Any carrier operating any motive power vehicle owned
by another person or party but not operated pursuant to an
interchange agreement shall secure identification cab cards
and decals or stamps or numbers in his own name for such
motive power vehicles as required by *RCW 81.80.300.
[1969 ex.s. c 210 § 16; 1967 c 170 § 2; 1961 c 14 §
81.80.312. Prior: 1953 c 95 § 20.]
*Reviser’s note: RCW 81.80.300 was repealed by 1993 c 97 § 7,
effective January 1, 1994.
81.80.318 Single trip transit permit. Any motor
carrier engaged in this state in the casual or occasional
carriage of property in interstate or foreign commerce, who
would otherwise be subject to all of the requirements of this
chapter, shall be authorized to engage in such casual or
occasional carriage, upon securing from the commission a
single trip transit permit, valid for a period not exceeding ten
days, which shall authorize a one way trip in transporting
property for compensation between points in the state of
Washington and points in other states, territories, or foreign
countries.
No identification numbers and no regulatory fees other
than as provided in this section shall be required for such
permit. The permit must be carried in the cab of the motive
power vehicle.
The permit shall be issued upon application to the
commission or any of its duly authorized agents upon
payment of a fee of not more than twenty dollars and the
furnishing of proof of possession of public liability and
property damage insurance at levels set by commission rule.
Such proof may consist of an insurance policy or a certificate of insurance.
The commission shall not be required to collect the
excise tax prescribed by *RCW 82.44.020 on any vehicle
subject only to the payment of this fee. [1993 c 97 § 2;
1985 c 7 § 153; 1967 c 170 § 3; 1963 c 59 § 8; 1961 c 14
§ 81.80.318. Prior: 1955 c 79 § 10.]
*Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c
1 § 2.
Effective date—1993 c 97 §§ 2, 3, and 7: "Sections 2, 3, and 7 of
this act take effect January 1, 1994." [1993 c 97 § 8.]
81.80.321 Regulatory fee—Based on gross income—
Legislative intent—Delinquent fee payments—Public
service revolving fund. In addition to all other fees to be
paid, a common carrier and contract carrier shall pay a
regulatory fee of no more than 0.0025 of its gross income
from intrastate operations for the previous calendar year, or
(2002 Ed.)
81.80.312
such other period as the commission designates by rule. The
carrier shall pay the fee no later than four months after the
end of the appropriate period and shall include with the
payment such information as the commission requires by
rule.
The legislature intends that the fees collected under this
chapter shall reasonably approximate the cost of supervising
and regulating motor carriers subject to this chapter, and to
that end the commission may by general order decrease fees
provided in this section if it determines that the moneys then
in the motor carrier account of the public service revolving
fund and the fees currently to be paid will exceed the
reasonable cost of supervising and regulating carriers.
Any payment of the fee imposed by this section made
after its due date shall include a late fee of two percent of
the amount due. Delinquent fees shall accrue interest at the
rate of one percent per month.
All fees collected under any other provision of this
chapter must be paid to the commission. The commission
shall transmit the fees to the state treasurer within thirty days
for deposit to the credit of the public service revolving fund.
[1994 c 83 § 4; 1993 c 97 § 3.]
Effective date—1993 c 97 §§ 2, 3, and 7: See note following RCW
81.80.318.
81.80.330 Enforcement of chapter. The commission
is hereby empowered to administer and enforce all provisions of this chapter and to inspect the vehicles, books, and
documents of all "motor carriers" and the books, documents,
and records of those using the service of the carriers for the
purpose of discovering all discriminations and rebates and
other information pertaining to the enforcement of this
chapter and shall prosecute violations thereof. The commission shall employ such auditors, inspectors, clerks, and
assistants as it may deem necessary for the enforcement of
this chapter. The Washington state patrol shall perform all
motor carrier safety inspections required by this chapter,
including terminal safety audits, except for (1) those carriers
subject to the economic regulation of the commission, or (2)
a vehicle owned or operated by a carrier affiliated with a
solid waste company subject to economic regulation by the
commission. The attorney general shall assign at least one
assistant to the exclusive duty of assisting the commission in
the enforcement of this chapter, and the prosecution of
persons charged with the violation thereof. It shall be the
duty of the Washington state patrol and the sheriffs of the
counties to make arrests and the county attorneys to prosecute violations of this chapter. [1995 c 272 § 5; 1980 c 132
§ 3; 1961 c 14 § 81.80.330. Prior: 1935 c 184 § 29; RRS
§ 6382-29.]
Effective dates—1995 c 272: See note following RCW 46.32.090.
Effective date—1980 c 132: See note following RCW 81.29.020.
81.80.340 Public service law invoked. In all respects
in which the commission has power and authority under this
chapter applications and complaints may be made and filed
with it, process issued, hearings held, opinions, orders and
decisions made and filed, petitions for rehearing filed and
acted upon, and petitions for writs of review to the superior
court filed therewith, appeals or mandate filed with the
supreme court or the court of appeals of this state, consid[Title 81 RCW—page 71]
81.80.340
Title 81 RCW: Transportation
ered and disposed of by said courts in the manner, under the
conditions and subject to the limitations and with the effect
specified in this title. The right of review and appeal hereby
conferred shall be available to any motor carriers, complainant, protestant or other person adversely affected by any
decision or order of the commission. [1971 c 81 § 147;
1961 c 14 § 81.80.340. Prior: 1947 c 264 § 9; 1935 c 184
§ 30; Rem. Supp. 1947 § 6382-30.]
81.80.345 Venue—Hearings on applications.
Hearings on applications shall be heard in the county or
adjoining county for which authority to operate is being applied. If more than one county is involved, the commission
may hold the hearings at a location that will afford the
greatest opportunity for testimony by witnesses representing
the area for which authority to operate is being applied.
[1988 c 58 § 1; 1963 c 242 § 3.]
81.80.346 Venue—Appeals from rulings and orders.
Appeals from rulings and orders shall be heard in the
superior court of the county of the residence of the applicant
or Thurston county at the option of the applicant. [1963 c
242 § 4.]
81.80.355 Unlawful advertising—Penalty. Any
person not holding a permit authorizing him to operate as a
common carrier, contract carrier, or temporary carrier for the
transportation of property for compensation in this state, or
an exempt carrier, who displays on any building, vehicle,
billboard or in any manner, any advertisement of, or by
circular, letter, newspaper, magazine, poster, card or telephone directory, advertises the transportation of property for
compensation shall be guilty of a misdemeanor and punishable as such. [1961 c 14 § 81.80.355. Prior: 1957 c 205 §
8; 1953 c 95 § 22.]
81.80.357 Advertising—Household goods—Permit
number required—Penalty. (1) No person in the business
of transporting household goods as defined by the commission in intrastate commerce shall advertise without listing
the carrier’s Washington utilities and transportation commission permit number in the advertisement.
(2) As of June 9, 1994, all advertising, contracts,
correspondence, cards, signs, posters, papers, and documents
which show a household goods motor carrier name or
address shall show the carrier’s Washington utilities and
transportation commission permit number. The alphabetized
listing of household good[s] motor carriers appearing in the
advertising sections of telephone books or other directories
and all advertising that shows the carrier’s name or address
shall show the carrier’s current Washington utilities and
transportation commission permit number.
(3) Advertising by electronic transmission need not
contain the carrier’s Washington utilities and transportation
commission permit number if the carrier provides it to the
person selling the advertisement and it is recorded in the
advertising contract.
(4) No person shall falsify a Washington utilities and
transportation commission permit number or use a false or
inaccurate Washington utilities and transportation commission permit number in connection with any solicitation or
[Title 81 RCW—page 72]
identification as an authorized household goods motor
carrier.
(5) If, upon investigation, the commission determines
that a motor carrier or person acting in the capacity of a
motor carrier has violated this section, the commission may
issue a penalty not to exceed five hundred dollars for every
violation. [1994 c 168 § 1.]
81.80.360 Procedure—Penalties—General statute
invoked. All applicable provisions of this title, relating to
procedure, powers of the department and penalties, shall
apply to the operation and regulation of persons under this
chapter, except insofar as such provisions may conflict with
provisions of this chapter and rules and regulations issued
thereunder by the commission. [1961 c 14 § 81.80.360.
Prior: 1937 c 166 § 22; RRS § 6382-31a.]
81.80.370 Application to interstate commerce. This
chapter shall apply to persons and motor vehicles engaged in
interstate commerce to the full extent permitted by the
Constitution and laws of the United States. [1961 c 14 §
81.80.370. Prior: 1935 c 184 § 32; RRS § 6382-32.]
81.80.371 Carriers must register authority from
interstate commerce commission. It shall be unlawful for
any carrier to perform a transportation service for compensation upon the public highways of this state without first
having secured appropriate authority from the Interstate
Commerce Commission, if such authority is required, and
without first having registered such authority, if any, with
the commission.
It shall also be unlawful for a carrier to perform a
transportation service for compensation on the public
highways of this state as an interstate carrier of commodities
included in the exemptions provided in section 203(b) of the
Interstate Commerce Act without having first registered as
such a carrier with the commission.
Such registration shall be granted upon application,
without hearing, upon payment of the appropriate filing fee
prescribed by this chapter for other applications for operating
authority. [1963 c 59 § 9.]
81.80.375 Fee when federal requirements necessitate
uniform forms evidencing interstate operations. Where
by virtue of federal requirements uniform forms are to be
utilized to evidence lawfulness of interstate operations, the
commission shall charge a fee for such forms equal to the
cost to the commission. [1971 ex.s. c 143 § 6.]
Effective date—1971 ex.s. c 143: "Sections 4, 5, 6 and 7 of this
1971 amendatory act shall take effect on October 31, 1971." [1971 ex.s. c
143 § 9.]
81.80.380 Cooperation with federal government.
The commission is hereby authorized and directed to
cooperate with the federal government and the interstate
commerce commission of the United States or any other
commission or organization delegated or authorized to
regulate interstate or foreign commerce by motor carriers to
the end that the transportation of property by motor carriers
in interstate or foreign commerce into and through the state
of Washington may be regulated and the laws of the United
(2002 Ed.)
Motor Freight Carriers
States and the state of Washington enforced and administered cooperatively in the public interest. [1961 c 14 §
81.80.380. Prior: 1935 c 184 § 33; RRS § 6382-33.]
81.80.381 Regulation pursuant to act of congress or
agreement with interstate commerce commission. In
addition to such authority concerning interstate commerce as
is granted to it by other provisions of this chapter, the
commission may regulate motor freight carriers in interstate
commerce on Washington highways under authority of and
in accordance with the provisions of any act of congress
vesting in or delegating to the commission such authority as
an agency of the United States government or pursuant to
agreement with the Interstate Commerce Commission. [1963
c 59 § 10.]
81.80.391 Reciprocity—Apportionment of regulatory fees. The commission, in respect to common carriers
engaged in interstate commerce, may enter into reciprocal
agreements with other states, the District of Columbia,
territories and countries which are authorized to make like
agreements, to apportion the regulatory fees of common
carriers between Washington and the other states, District of
Columbia, territories or countries into which such carriers
operate.
The percentage of miles each such carrier operates in
Washington as they bear to the total miles each such carrier
operates in the other states, District of Columbia, territories
and countries involved shall be used by the commission to
determine what percentage of each of the carrier’s total
vehicles shall be attributable to operating in Washington as
the basis for computing the total regulatory fees to be paid
by each such carrier to the commission.
The commission may require each such carrier to submit
under oath such information, records and data as it deems
necessary for carrying out the provisions of this section.
The commission’s determination of the number of vehicles
of each carrier to be used as the basis for computing the
regulatory fees payable by each carrier shall be final.
All moneys collected pursuant to this section shall be
deposited in the state treasury to the credit of the public
service revolving fund. [1961 c 14 § 81.80.391. Prior:
1953 c 129 § 1.]
81.80.395 Idaho vehicles exempt—Reciprocity. The
Washington utilities and transportation commission may
enter into an agreement or arrangement with a duly authorized representative of the state of Idaho, for the purpose of
granting to operators of commercial vehicles that are
properly registered in the state of Idaho, the privilege of
operating their vehicles in this state within a designated area
near the border of their state without the need for registration
as required by chapter 81.80 RCW if the state of Idaho
grants a similar privilege to operators of commercial vehicles
from this state. The initial designated area shall be limited
to state route 195 from the Idaho border to Lewiston, and
SR 12 from Lewiston to Clarkston. The utilities and
transportation commission shall submit other proposed
reciprocal agreements in designated border areas to the
legislative transportation committee for approval. [1988 c
138 § 1.]
(2002 Ed.)
81.80.380
81.80.400 Commercial zones and terminal areas—
Common carriers with existing business within zone—
Persons seeking to serve as common carriers after
designation. There is hereby established for each city and
town within the state a commercial zone and terminal area
coextensive with the present geographic limits of the
commercial zone and terminal area established for each such
city and town by the interstate commerce commission
pursuant to section 10526(b)(i) (formerly 203(b)(8)) of the
Interstate Commerce Act. The commission shall promulgate
and publish within ninety days of June 10, 1982, appropriate
rules designating the area of the commercial zones and
terminal areas established hereby. Any common carrier of
general freight who, on the effective date of rules promulgated by the commission hereunder, has general freight authority between any two points in such zone shall have the
authority to serve as a common carrier of general freight
between any points within the zone at rates prescribed by the
commission: PROVIDED, HOWEVER, That any restrictions, other than territorial restrictions, on his authority to
transport general freight shall remain in full force and effect.
Any person thereafter seeking to serve as a common carrier
of general freight within the zone shall be subject to all the
requirements of this chapter and the rules of the commission
applicable to persons seeking new or extended permit
authority, except as exempted by RCW 81.80.040. [1982 c
71 § 2; 1972 ex.s. c 22 § 1.]
Severability—1982 c 71: See note following RCW 81.80.010.
Severability—1972 ex.s. c 22: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1972 ex.s. c 22 § 3.]
81.80.410 Commercial zones and terminal areas—
Common carriers with existing general freight authority.
Any common carrier who, on the effective date of rules
promulgated by the commission hereunder, has general
freight authority between a city or town within a commercial
zone or terminal area and a city or town without such zone
or area may as part of inter-city service perform pickup and
delivery any place in such zone or area at rates prescribed by
the commission. [1982 c 71 § 3; 1972 ex.s. c 22 § 2.]
Severability—1982 c 71: See note following RCW 81.80.010.
Severability—1972 ex.s. c 22: See note following RCW 81.80.400.
81.80.420 Commercial zones and terminal areas—
Expansion by commission. The commission may, by rule,
expand the geographic scope of any commercial zone and/or
terminal area upon a finding that public convenience and
necessity require such expansion. [1982 c 71 § 4.]
Severability—1982 c 71: See note following RCW 81.80.010.
81.80.430 Brokers and forwarders. (1) A person
who provides brokering or forwarding services for the
transportation of property in intrastate commerce shall file
with the commission and keep in effect, a surety bond or
deposit of satisfactory security, in a sum to be determined by
the commission, but not less than five thousand dollars,
conditioned upon such broker or forwarder making compensation to shippers, consignees, and carriers for all moneys
belonging to them and coming into the broker’s or
[Title 81 RCW—page 73]
81.80.430
Title 81 RCW: Transportation
forwarder’s possession in connection with the transportation
service.
(2) It is unlawful for a broker or forwarder to conduct
business in this state without first securing appropriate
authority from the Interstate Commerce Commission, if such
authority is required, and registering with and providing
satisfactory evidence of financial responsibility to the
Washington utilities and transportation commission. Satisfactory evidence of financial responsibility shall consist of a
surety bond or deposit of security. Compliance with this
requirement may be met by filing a copy of a surety bond or
trust fund approved by the Interstate Commerce Commission. The commission shall grant such registration without
hearing, upon application and payment of a one-time
registration fee as prescribed by the commission. For
purposes of this subsection, a broker or forwarder conducts
business in this state when the broker or forwarder, its
employees, or agents is physically present in the state and is
acting as a broker or forwarder.
(3) Failure to file the bond, deposit security, or provide
satisfactory evidence of financial responsibility is sufficient
cause for refusal of the commission to grant the application
for a permit or registration. Failure to maintain the bond or
the deposit of security is sufficient cause for cancellation of
a permit or registration. [1991 c 146 § 1; 1990 c 109 § 1;
1989 c 60 § 2; 1988 c 31 § 2.]
81.80.440 Recovered materials transportation—
When permit required—Rate regulation exemption—
Definitions. (1) It is unlawful for a motor vehicle transporting recovered materials to perform a transportation service
for compensation upon the public highways of this state
without first having received a permit from the commission.
The permits shall be granted upon a finding that the motor
carrier is fit, willing, and able to provide transportation of
recovered materials, and upon payment of the appropriate
filing fee authorized by this chapter for other applications for
operating authority, including payment of the annual regulatory fee imposed by *RCW 81.80.320. The carriers are subject to the safety of operations and insurance requirements of
the commission, but are not subject to rate regulation by the
commission.
(2) The provisions of this section apply to motor
vehicles when:
(a) Transporting recovered materials for a person from
one or more sites generating ten thousand or more tons of
recovered materials per year to a reprocessing facility or an
end-use manufacturing site;
(b) Transporting recovered materials from a reprocessing
facility to another reprocessing facility or to an end-use
manufacturing site; or
(c) Transporting recovered mixed waste paper from a
reprocessing facility to an energy recovery facility.
(3) For the purposes of this section, the following
definitions shall apply:
(a) "Recovered materials" means those commodities
collected for recycling or reuse, such as papers, glass,
plastics, used wood, metals, yard waste, used oil, and tires,
that if not collected for recycling would otherwise be destined for disposal or incineration. "Recovered materials"
[Title 81 RCW—page 74]
shall not include any wood waste or wood byproduct
generated from a logging, milling, or chipping activity;
(b) "Reprocessing facility" means a business registered
under chapter 82.32 RCW or a nonprofit corporation
identified under chapter 24.03 RCW that accepts or purchases recovered materials and prepares those materials for
resale;
(c) "Mixed waste paper" means assorted low-value
grades of paper that have not been separated into individual
grades of paper at the point of collection; and
(d) "Energy recovery facility" means a facility designed
to burn mixed waste paper as a fuel, except that such term
does not include mass burn incinerators. [1991 c 148 § 1;
1990 c 123 § 1.]
*Reviser’s note: RCW 81.80.320 was repealed by 1993 c 97 § 7,
effective January 1, 1994.
81.80.450 Recovered materials transportation—
Evaluation of rate regulation exemption—Required
information—Rules. (1) The department of community,
trade, and economic development, in conjunction with the
utilities and transportation commission and the department of
ecology, shall evaluate the effect of exempting motor
vehicles transporting recovered materials from rate regulation
as provided under RCW 81.80.440. The evaluation shall, at
a minimum, describe the effect of such exemption on:
(a) The cost and timeliness of transporting recovered
materials within the state;
(b) The volume of recovered materials transported
within the state;
(c) The number of safety violations and traffic accidents
related to transporting recovered materials within the state;
and
(d) The availability of service related to transporting
recovered materials from rural areas of the state.
(2) The commission shall adopt rules requiring persons
transporting recovered materials to submit information
required under RCW 70.95.280. In adopting such rules, the
commission shall include procedures to ensure the confidentiality of proprietary information. [1998 c 245 § 167; 1995
c 399 § 212; 1990 c 123 § 2.]
81.80.460 Recovered materials transportation—
Construction. Nothing in chapter 123, Laws of 1990 shall
be construed as changing the provisions of RCW
81.77.010(8), nor shall chapter 123, Laws of 1990 be
construed as allowing any entity, other than a solid waste
collection company authorized by the commission or an
entity collecting solid waste from a city or town under the
provisions of chapter 35.21 or 35A.21 RCW, to collect solid
waste which may incidentally contain recyclable materials.
[1990 c 123 § 3.]
Chapter 81.84
STEAMBOAT COMPANIES
Sections
81.84.010
81.84.020
Certificate of convenience and necessity required—Progress
reports.
Application—Hearing—Issuance of certificate—Determining
factors.
(2002 Ed.)
Steamboat Companies
81.84.025
81.84.030
81.84.040
81.84.050
81.84.060
Certificate—Insurance or bond required—Amounts.
Certificate—Transfer.
Filing fees.
Penalties—Remission, mitigation.
Certificate—Grounds for cancellation, revocation, suspension, alteration, or amendment.
81.84.070 Temporary certificate—Immediate and urgent need.
Cities and towns may acquire and operate ferries: RCW 35.21.110.
Department of transportation as common carrier: RCW 47.60.220.
Excessive steam in boilers: RCW 70.54.080.
Lien on ships, equipment for labor, material, handling cargo, etc.: Chapter
60.36 RCW.
Navigation and harbor improvements: Title 88 RCW.
Privately owned ferries, county licensing: Chapter 36.53 RCW.
Tidelands, shorelands, harbor areas: Chapters 79.92, 79.94 RCW.
81.84.010 Certificate of convenience and necessity
required—Progress reports. (1) No commercial ferry may
hereafter operate any vessel or ferry for the public use for
hire between fixed termini or over a regular route upon the
waters within this state, including the rivers and lakes and
Puget Sound, without first applying for and obtaining from
the commission a certificate declaring that public convenience and necessity require such operation. Service
authorized by certificates issued before or after July 25,
1993, to a commercial ferry operator shall be exercised by
the operator in a manner consistent with the conditions
established in the certificate or tariffs: PROVIDED, That no
certificate shall be required for a vessel primarily engaged in
transporting freight other than vehicles, whose gross earnings
from the transportation of passengers and/or vehicles, are not
more than ten percent of the total gross annual earnings of
such vessel: PROVIDED, That nothing herein shall be construed to affect the right of any county public transportation
benefit area or other public agency within this state to
construct, condemn, purchase, operate, or maintain, itself or
by contract, agreement, or lease, with any person, firm, or
corporation, ferries or boats across or wharfs at or upon the
waters within this state, including rivers and lakes and Puget
Sound, provided such operation is not over the same route
or between the same districts, being served by a certificate
holder without first acquiring the rights granted to the
certificate holder under the certificate, nor shall this chapter
be construed to affect, amend, or invalidate any contract
entered into prior to January 15, 1927, for the operation of
ferries or boats upon the waters within this state, which was
entered into in good faith by any county with any person,
firm, or corporation, except that in case of the operation or
maintenance by any county, city, town, port district, or other
political subdivision by contract, agreement, or lease with
any person, firm, or corporation, of ferries or boats across or
wharfs at or upon the waters within this state, including
rivers and lakes and Puget Sound, the commission shall have
power and authority to regulate rates and services of such
operation or maintenance of ferries, boats, or wharfs, to
make, fix, alter, or amend said rates, and to regulate service
and safety of operations thereof, in the manner and to the
same extent as it is empowered to regulate a commercial
ferry, notwithstanding the provisions of any act or parts of
acts inconsistent herewith.
(2) The holder of a certificate of public convenience and
necessity granted under this chapter must initiate service
within five years of obtaining the certificate. The certificate
(2002 Ed.)
Chapter 81.84
holder shall report to the commission every six months after
the certificate is granted on the progress of the certificated
route. The reports shall include, but not be limited to, the
progress of environmental impact, parking, local government
land use, docking, and financing considerations. However,
if service has not been initiated within five years of obtaining the certificate, the commission may extend the certificate
on a twelve-month basis for up to three years if the sixmonth progress reports indicate there is significant advancement toward initiating service.
(3) The commission shall review certificates in existence
as of July 25, 1993, where service is not being provided on
all or any portion of the route or routes certificated. Based
on progress reports required under subsection (2) of this
section, the commission may grant an extension beyond that
provided in subsection (2) of this section. Such additional
extension may not exceed a total of two years. [1993 c 427
§ 2; 1961 c 14 § 81.84.010. Prior: 1950 ex.s. c 6 § 1, part;
1927 c 248 § 1, part; RRS § 10361-1, part.]
81.84.020 Application—Hearing—Issuance of
certificate—Determining factors. (1) Upon the filing of an
application the commission shall give reasonable notice to
the department, affected cities and counties, and any common carrier which might be adversely affected, of the time
and place for hearing on such application. The commission
shall have power after hearing, to issue the certificate as
prayed for, or to refuse to issue it, or to issue it for the
partial exercise only of the privilege sought, and may attach
to the exercise of the rights granted by said certificate such
terms and conditions as in its judgment the public convenience and necessity may require; but the commission shall
not have power to grant a certificate to operate between
districts and/or into any territory prohibited by RCW
47.60.120 or already served by an existing certificate holder,
unless such existing certificate holder has failed or refused
to furnish reasonable and adequate service or has failed to
provide the service described in its certificate or tariffs after
the time period allowed to initiate service has elapsed:
PROVIDED, A certificate shall be granted when it shall
appear to the satisfaction of the commission that the commercial ferry was actually operating in good faith over the
route for which such certificate shall be sought, on January
15, 1927: PROVIDED, FURTHER, That in case two or
more commercial ferries shall upon said date have been
operating vessels upon the same route, or between the same
districts the commission shall determine after public hearing
whether one or more certificates shall issue, and in determining to whom a certificate or certificates shall be issued, the
commission shall consider all material facts and circumstances including the prior operation, schedules, and services
rendered by either of the ferries, and in case more than one
certificate shall issue, the commission shall fix and determine the schedules and services of the ferries to which the
certificates are issued to the end that duplication of service
be eliminated and public convenience be furthered.
(2) Before issuing a certificate, the commission shall
determine that the applicant has the financial resources to
operate the proposed service for at least twelve months,
based upon the submission by the applicant of a pro forma
financial statement of operations. Issuance of a certificate
[Title 81 RCW—page 75]
81.84.020
Title 81 RCW: Transportation
shall be determined upon, but not limited to, the following
factors: Ridership and revenue forecasts; the cost of service
for the proposed operation; an estimate of the cost of the
assets to be used in providing the service; a statement of the
total assets on hand of the applicant that will be expended on
the proposed operation; and a statement of prior experience,
if any, in such field by the applicant. The documentation
required of the applicant under this section shall comply with
the provisions of RCW 9A.72.085.
(3) Subsection (2) of this section does not apply to an
application for a certificate that is pending as of July 25,
1993. [1993 c 427 § 3; 1961 c 14 § 81.84.020. Prior: 1950
ex.s. c 6 § 1, part; 1927 c 248 § 1, part; RRS § 10361-1,
part.]
81.84.025 Certificate—Insurance or bond required—Amounts. The commission, in granting a certificate to operate as a commercial ferry, shall require the
operator to first obtain liability and property damage insurance from a company licensed to write liability insurance in
the state or a surety bond of a company licensed to write
surety bonds in the state, on each vessel or ferry to be used,
in the amount of not less than one hundred thousand dollars
for any recovery for personal injury by one person, and not
less than one million dollars and in such additional amount
as the commission shall determine, for all persons receiving
personal injury and property damage by reason of one act of
negligence, and not less than fifty thousand dollars for
damage to property of any person other than the insured; or
combined bodily injury and property damage liability
insurance of not less than one million dollars, and to
maintain such liability and property damage insurance or
surety bond in force on each vessel or ferry while so used.
Each policy for liability or property damage insurance or
surety bond required by this section must be filed with the
commission and kept in full force and effect, and failure to
do so is cause for revocation of the operator’s certificate.
[1993 c 427 § 4.]
81.84.030 Certificate—Transfer. No certificate or
any right or privilege thereunder held, owned, or obtained
under the provisions of this chapter shall be sold, assigned,
leased, mortgaged, or in any manner transferred, either by
the act of the parties or by operation of law, except upon
authorization by the commission first obtained. [1993 c 427
§ 5; 1961 c 14 § 81.84.030. Prior: 1950 ex.s. c 6 § 1, part;
1927 c 248 § 1, part; RRS § 10361-1, part.]
81.84.040 Filing fees. Any application for a certificate of public convenience and necessity or amendment
thereof, or application to sell, lease, mortgage, or transfer a
certificate of public convenience and necessity or any interest therein, shall be accompanied by such filing fee as the
commission may prescribe by rule: PROVIDED, That such
fee shall not exceed two hundred dollars. [1973 c 115 § 14;
1961 c 14 § 81.84.040. Prior: 1955 c 125 § 10; prior:
1939 c 123 § 3, part; 1937 c 158 § 4, part; RRS § 10417-3,
part.]
any commercial ferry who violates or who procures, aids, or
abets in the violation of any provision of this title, or any
order, rule, regulation, or decision of the commission shall
incur a penalty of one hundred dollars for every such violation. Each and every such violation shall be a separate and
distinct offense, and in case of a continuing violation every
day’s continuance shall be and be deemed to be a separate
and distinct violation. Every act of commission or omission
which procures, aids, or abets in the violation shall be
considered a violation under the provisions of this section
and subject to the penalty herein provided for.
The penalty herein provided for shall become due and
payable when the person incurring the same receives a notice
in writing from the commission describing such violation
with reasonable particularity and advising such person that
the penalty is due.
The commission may, upon written application therefor,
received within fifteen days, remit or mitigate any penalty
provided for in this section or discontinue any prosecution to
recover the same upon such terms as it in its discretion shall
deem proper, and shall have authority to ascertain the facts
upon all such applications in such manner and under such
regulations as it may deem proper.
If the amount of such penalty is not paid to the commission within fifteen days after receipt of notice imposing the
same or, if application for remission or mitigation has not
been made, within fifteen days after the violator has received
notice of the disposition of such application, the attorney
general shall bring an action to recover the penalty in the
name of the state of Washington in the superior court of
Thurston county or of some other county in which such
violator may do business. In all such actions the procedure
and rules of evidence shall be the same as in ordinary civil
actions except as otherwise herein provided. All penalties
recovered by the state under this chapter shall be paid into
the state treasury and credited to the public service revolving
fund. [1993 c 427 § 6; 1961 c 14 § 81.84.050. Prior: 1937
c 169 § 6; RRS § 10361-2.]
81.84.060 Certificate—Grounds for cancellation,
revocation, suspension, alteration, or amendment. The
commission, upon complaint by an interested party, or upon
its own motion after notice and opportunity for hearing, may
cancel, revoke, suspend, alter, or amend a certificate issued
under this chapter on any of the following grounds:
(1) Failure of the certificate holder to initiate service by
the conclusion of the fifth year after the certificate has been
granted or by the conclusion of an extension granted under
RCW 81.84.010 (2) or (3), if the commission has considered
the progress report information required under RCW
81.84.010 (2) or (3);
(2) Failure of the certificate holder to file an annual
report;
(3) The filing by a certificate holder of an annual report
that shows no revenue in the previous twelve-month period
after service has been initiated;
(4) The violation of any provision of this chapter;
(5) The violation of or failure to observe the provisions
or conditions of the certificate or tariffs;
81.84.050 Penalties—Remission, mitigation. Every
commercial ferry and every officer, agent, or employee of
[Title 81 RCW—page 76]
(2002 Ed.)
Steamboat Companies
(6) The violation of an order, decision, rule, regulation,
or requirement established by the commission under this
chapter;
(7) Failure of a certificate holder to maintain the
required insurance coverage in full force and effect; or
(8) Failure or refusal to furnish reasonable and adequate
service after initiating service.
The commission shall take appropriate action within
thirty days upon a complaint by an interested party or of its
own finding that a provision of this section has been
violated. [1993 c 427 § 7.]
81.84.070 Temporary certificate—Immediate and
urgent need. The commission may, with or without a
hearing, issue temporary certificates to operate under this
chapter, but only after it finds that the issuance of the
temporary certificate is necessary due to an immediate and
urgent need and is otherwise consistent with the public
interest. The certificate may be issued for a period of up to
one hundred eighty days. The commission may prescribe
such special rules and impose special terms and conditions
on the granting of the certificate as in its judgment are
reasonable and necessary in carrying out this chapter. The
commission shall collect a filing fee, not to exceed two
hundred dollars, for each application for a temporary
certificate. The commission shall not issue a temporary
certificate to operate on a route for which a certificate has
been issued or for which an application by another commercial ferry operator is pending. [1993 c 427 § 8.]
Chapter 81.88
GAS AND HAZARDOUS LIQUID PIPELINES
(Formerly: Gas and oil pipelines)
Sections
81.88.005
81.88.010
81.88.020
81.88.030
81.88.040
81.88.050
81.88.060
81.88.070
81.88.080
81.88.090
81.88.100
81.88.110
81.88.140
81.88.150
81.88.900
81.88.901
81.88.902
Intent—Findings.
Definitions.
Pipeline corporations—Regulation—Eminent domain.
Pipeline carriers regulated as common carriers.
Violations—Rules—Penalties—Injunctive relief.
Pipeline safety account.
Comprehensive safety program—Commission’s duties—
Rules—Standards—Safety plan approval.
Prevention of third-party excavation damage—Development
and distribution of training curricula.
Pipeline mapping system—Commission specifications and
evaluations.
Enforcement of federal hazardous liquid pipeline safety
requirements—Request for federal delegation of authority.
Commission inspection of records, maps, or written procedures.
Pipeline company duties after notice of excavation.
Citizens committee on pipeline safety—Duties—
Membership.
Review of hazardous liquid and gas pipeline safety programs.
Conflict with federal requirements—2000 c 191.
Short title—2000 c 191.
Effective date—2000 c 191.
81.88.005 Intent—Findings. (1) The intent of chapter
191, Laws of 2000 is to protect the health and safety of the
citizens of the state of Washington and the quality of the
state’s environment by developing and implementing
(2002 Ed.)
81.84.060
environmental and public safety measures applicable to
persons transporting hazardous liquids and gas by pipeline
within the state of Washington. The legislature finds that
public safety and the environment may best be protected by
adopting standards that are equal to, or more stringent than,
those adopted by the federal government, so long as they do
not impermissibly interfere with interstate commerce.
(2) The legislature recognizes that additional federal
authority is needed to implement a comprehensive pipeline
safety program and by chapter 191, Laws of 2000 and other
measures directs the state to seek that authority.
(3) It is also the intent of the legislature that the
governor work with the state congressional delegation in
seeking:
(a) To amend the federal pipeline safety act to delegate
authority to qualified states to adopt and enforce standards
equal to or more stringent than federal standards;
(b) State authority to administer and enforce federal
requirements related to pipeline safety; and
(c) Higher levels of funding for state and federal
pipeline safety activities and for states to respond to pipeline
accident emergencies.
(4) While the legislature acknowledges that serious
accidents have occurred for hazardous liquid and gas
pipelines in this nation and elsewhere, it recognizes that
there are fundamental differences between hazardous liquid
pipelines and gas pipelines and that a different system of
safety regulations must be applied for each kind of pipeline.
[2000 c 191 § 1.]
81.88.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Commission" means the utilities and transportation
commission.
(2) "Failsafe" means a design feature that will maintain
or result in a safe condition in the event of malfunction or
failure of a power supply, component, or control device.
(3) "Gas" means natural gas, flammable gas, or toxic or
corrosive gas.
(4) "Gas pipeline" means all parts of a pipeline facility
through which gas moves in transportation, including, but
not limited to, line pipe, valves, and other appurtenances
connected to line pipe, pumping units, fabricated assemblies
associated with pumping units, metering and delivery stations
and fabricated assemblies therein, and breakout tanks. "Gas
pipeline" does not include process or transfer pipelines.
(5) "Gas pipeline company" means a person or entity
constructing, owning, or operating a gas pipeline for transporting gas. A "gas pipeline company" does not include:
(a) Distribution systems owned and operated under franchise
for the sale, delivery, or distribution of natural gas at retail;
or (b) excavation contractors or other contractors that
contract with a gas pipeline company.
(6) "Hazardous liquid" means: (a) Petroleum, petroleum
products, or anhydrous ammonia as those terms are defined
in 49 C.F.R. Part 195 in effect March 1, 1998; and (b)
carbon dioxide.
(7) "Local government" means a political subdivision of
the state or a city or town.
[Title 81 RCW—page 77]
81.88.010
Title 81 RCW: Transportation
(8) "Person" means an individual, partnership, franchise
holder, association, corporation, a state, a city, a county, or
any political subdivision or instrumentality of a state, and its
employees, agents, or legal representatives.
(9) "Pipeline," "pipeline system," or "hazardous liquid
pipeline" means all parts of a pipeline facility through which
a hazardous liquid moves in transportation, including, but not
limited to, line pipe, valves, and other appurtenances
connected to line pipe, pumping units, fabricated assemblies
associated with pumping units, metering and delivery stations
and fabricated assemblies therein, and breakout tanks.
"Pipeline" or "pipeline system" does not include process or
transfer pipelines.
(10) "Pipeline company" or "hazardous liquid pipeline
company" means a person or entity constructing, owning, or
operating a pipeline for transporting hazardous liquid. A
"pipeline company" does not include: (a) Distribution
systems owned and operated under franchise for the sale,
delivery, or distribution of natural gas at retail; or (b)
excavation contractors or other contractors that contract with
a pipeline company.
(11) "Reportable release" means a spilling, leaking,
pouring, emitting, discharging, or any other uncontrolled
escape of a hazardous liquid in excess of one barrel, or
forty-two gallons.
(12) "Safety management systems" means management
systems that include coordinated and interdisciplinary
evaluations of the effect of significant changes to a pipeline
system before such changes are implemented.
(13) "Transfer pipeline" means a buried or aboveground
pipeline used to carry oil between a tank vessel or transmission pipeline and the first valve inside secondary containment at the facility provided that any discharge on the facility side of that first valve will not directly impact waters of
the state. A transfer pipeline includes valves, and other
appurtenances connected to the pipeline, pumping units, and
fabricated assemblies associated with pumping units. A
transfer pipeline does not include process pipelines, pipelines
carrying ballast or bilge water, transmission pipelines, or
tank vessel or storage tanks.
(14) "Transmission pipeline" means a gas pipeline that
transports gas within a storage field, or transports gas from
an interstate pipeline or storage facility to a distribution main
or a large volume gas user, or operates at a hoop stress of
twenty percent or more of the specified minimum yield
strength. [2001 c 238 § 6; 2000 c 191 § 2.]
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
81.88.020 Pipeline corporations—Regulation—
Eminent domain. All corporations having for one of their
principal purposes the construction, maintenance and operation of pipelines and appurtenances for the conveyance and
transportation as common carriers of oils, gas, gasoline and
other petroleum products shall be subject to control and
regulation by the commission in the same manner and to the
same extent as other public service corporations. The power
of eminent domain is hereby conferred upon such corporations to be used for acquiring rights of way for common
carrier pipelines and they shall have the right to condemn
and appropriate lands and property and interests therein for
their use under the same procedure as is provided for the
[Title 81 RCW—page 78]
condemnation and appropriation of private property by
railway companies, but no private property shall be taken or
damaged until the compensation to be made therefor shall
have been ascertained and paid as provided in the case of
condemnation and appropriation by railway companies. Any
property or interest therein acquired by any corporation
under the provisions of this section by the exercise of the
right of eminent domain shall be used exclusively for the
purposes for which it was acquired. In all actions brought
under this section to enforce the right of eminent domain,
courts wherein such actions are brought may give such
actions preference over all other civil actions in the matter
of setting the same for hearing or trial and in hearing the
same. [1961 c 14 § 81.88.020. Prior: 1951 c 94 § 2; 1915
c 132 § 2; RRS § 9965.]
81.88.030 Pipeline carriers regulated as common
carriers. Every person, copartnership, corporation or other
association now or hereafter engaged in the business of
producing from natural deposits and/or carrying or transporting natural gas and/or crude oil or petroleum or the products
thereof for hire, by pipelines within this state shall be a
common carrier within the meaning and subject to the
provisions of this title: PROVIDED, HOWEVER, That the
provisions of this section shall not apply to distribution
systems owned and operated under franchise for the sale,
delivery, or distribution of natural gas at retail. [1961 c 14
§ 81.88.030. Prior: 1933 ex.s. c 61 § 1; RRS § 9965-1.]
81.88.040 Violations—Rules—Penalties—Injunctive
relief. (1) A person, officer, agent, or employee of a
pipeline company who, as an individual or acting as an
officer, agent, or employee of such a company, violates or
fails to comply with this chapter or a rule adopted under this
section, or who procures, aids, or abets another person or
entity in the violation of or noncompliance with this section
or a rule adopted under this section, is guilty of a gross misdemeanor.
(2)(a) A pipeline company, or any person, officer, agent,
or employee of a pipeline company that violates a provision
of this section, or a rule adopted under this section, is
subject to a civil penalty to be assessed by the commission.
(b) The commission shall adopt rules: (i) Setting
penalty amounts, but may not exceed the penalties specified
in the federal pipeline safety laws, 49 U.S.C. Sec. 60101 et
seq.; and (ii) establishing procedures for mitigating penalties
assessed.
(c) In determining the amount of the penalty, the
commission shall consider: (i) The appropriateness of the
penalty in relation to the position of the person charged with
the violation; (ii) the gravity of the violation; and (iii) the
good faith of the person or company charged in attempting
to achieve compliance after notification of the violation.
(d) The amount of the penalty may be recovered in a
civil action in the superior court of Thurston county or of
some other county in which the violator may do business.
In all actions for recovery, the rules of evidence shall be the
same as in ordinary civil actions. All penalties recovered
under this section must be paid into the state treasury and
credited to the *hazardous liquid pipeline safety account.
(2002 Ed.)
Gas and Hazardous Liquid Pipelines
81.88.040
81.88.050 Pipeline safety account. (1) The pipeline
safety account is created in the custody of the state treasurer.
All fees received by the commission for the pipeline safety
program according to RCW 80.24.060 and 81.24.090 and all
receipts from the federal office of pipeline safety and any
other state or federal funds provided for pipeline safety shall
be deposited in the account, except as provided in subsection
(2) of this section. Any fines collected under this chapter,
or otherwise designated to this account must be deposited in
the account. Moneys in the account may be spent only after
appropriation. Expenditures from the account may be used
only for funding pipeline safety.
(2) Federal funds received before June 30, 2001, shall
be treated as receipt of unanticipated funds and expended,
without appropriation, for the designated purposes. [2001 c
238 § 7; 2000 c 191 § 4.]
(3) The commission shall approve operations safety
plans if they have been deemed fit for service. A plan shall
be deemed fit for service when it provides for pipelines that
are designed, developed, constructed, operated, and periodically modified to provide for protection of public safety and
the environment. Pipeline operations safety plans shall, at a
minimum, include:
(a) A schedule of inspection and testing within the
pipeline distribution system of:
(i) All mechanical components;
(ii) All electronic components; and
(iii) The structural integrity of all pipelines as determined through pressure testing, internal inspection tool
surveys, or another appropriate technique;
(b) Failsafe systems;
(c) Safety management systems; and
(d) Emergency management training for pipeline
operators.
(4) The commission shall coordinate information related
to pipeline safety by providing technical assistance to local
planning and siting authorities.
(5) The commission shall evaluate, and consider
adopting, proposals developed by the federal office of
pipeline safety, the national transportation safety board, and
other agencies and organizations related to methods and
technologies for testing the integrity of pipeline structure,
leak detection, and other elements of pipeline operation.
[2001 c 238 § 9; 2000 c 191 § 5.]
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
81.88.060 Comprehensive safety program—
Commission’s duties—Rules—Standards—Safety plan
approval. (1) A comprehensive program of hazardous
liquid pipeline safety is authorized by RCW 81.88.010,
81.88.040, 81.88.050, 81.88.090, 81.88.100, 48.48.160, and
this section to be developed and implemented consistent with
federal law. The commission shall administer and enforce
all laws related to hazardous liquid pipeline safety.
(2) The commission shall adopt rules for pipeline safety
standards for hazardous liquid pipeline transportation that:
(a) Require pipeline companies to design, construct,
operate, and maintain their pipeline facilities so they are safe
and efficient;
(b) Require pipeline companies to rapidly locate and
isolate all reportable releases from pipelines, that may
include:
(i) Installation of remote control shut-off valves; and
(ii) Installation of remotely monitored pressure gauges
and meters;
(c) Require the training and certification of personnel
who operate pipelines and the associated systems;
(d) Require reporting of emergency situations, including
emergency shutdowns and material defects or physical
damage that impair the serviceability of a pipeline; and
(e) Require pipeline companies to submit operations
safety plans to the commission once every five years, as well
as any amendments to the plan made necessary by changes
to the pipeline system or its operation. The safety plan shall
include emergency response procedures.
81.88.070 Prevention of third-party excavation
damage—Development and distribution of training
curricula. (1) The commission shall develop, in consultation with representatives of hazardous liquid pipeline
companies, gas pipeline companies, local governments, and
the excavation and construction industries: (a) A curricula
aimed at the prevention of third-party excavation damage to
hazardous liquid pipelines and gas pipelines; and (b) a plan
for distribution of the curricula.
(2) The curricula shall include training on:
(a) Prevention of damage to hazardous liquid and gas
pipelines;
(b) The danger involved if a hazardous liquid or gas
pipeline is damaged;
(c) The significance of hazardous liquid or gas pipeline
damage that does not cause immediate failure; and
(d) The importance of immediately reporting damage to
a hazardous liquid or gas pipeline and the importance of
immediately repairing a damaged hazardous liquid or gas
pipeline. [2000 c 191 § 6.]
(3) The commission shall adopt rules incorporating by
reference other substances designated as hazardous by the
secretary of transportation under 49 U.S.C. Sec. 60101(a)(4).
(4) The commission shall also have the power of
injunctive relief, as required by 49 U.S.C. Sec. 60105(b), to
enforce the provisions of this chapter.
(5) Nothing in this section duplicates the authority of the
energy facility site evaluation council under chapter 80.50
RCW. [2000 c 191 § 3; 1998 c 123 § 1.]
*Reviser’s note: The "hazardous liquid pipeline safety account" was
redesignated the "pipeline safety account" by 2001 c 238 § 7.
(2002 Ed.)
81.88.080 Pipeline mapping system—Commission
specifications and evaluations. (1) The commission shall
require hazardous liquid pipeline companies, and gas pipeline
companies with interstate pipelines, gas transmission pipelines, or gas pipelines operating over two hundred fifty
pounds per square inch gauge, to provide accurate maps of
their pipeline to specifications developed by the commission
sufficient to meet the needs of first responders including
installation depth information when known.
[Title 81 RCW—page 79]
81.88.080
Title 81 RCW: Transportation
(2) The commission shall evaluate the sufficiency of the
maps and consolidate the maps into a statewide geographic
information system. The commission shall assist local
governments in obtaining hazardous liquid and gas pipeline
location information and maps. The maps shall be made
available to the one-number locator services as provided in
chapter 19.122 RCW. The mapping system shall be consistent with the United States department of transportation
national pipeline mapping program.
(3) The mapping system shall be completed by January
1, 2006, and periodically updated thereafter. The commission shall develop a plan for funding the geographic information system and report its recommendations to the
legislature by December 15, 2000. [2000 c 191 § 7.]
81.88.090 Enforcement of federal hazardous liquid
pipeline safety requirements—Request for federal
delegation of authority. (1) The commission shall apply
for federal delegation for the state’s program for the purposes of enforcement of federal hazardous liquid pipeline safety
requirements. If the secretary of transportation delegates
inspection authority to the state as provided in this subsection, the commission, at a minimum, shall do the following:
(a) Inspect hazardous liquid pipelines periodically as
specified in the inspection program;
(b) Collect fees;
(c) Order and oversee the testing of hazardous liquid
pipelines as authorized by federal law and regulation; and
(d) File reports with the United States secretary of transportation as required to maintain the delegated authority.
(2) The commission shall also seek federal authority to
adopt safety standards related to the monitoring and testing
of interstate hazardous liquid pipelines.
(3) Upon delegation under subsection (1) of this section
or under a grant of authority under subsection (2) of this
section, to the extent authorized by federal law, the commission shall adopt rules for interstate pipelines that are no less
stringent than the state’s laws and rules for intrastate
hazardous liquid pipelines. [2001 c 238 § 10; 2000 c 191 §
9.]
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
81.88.100 Commission inspection of records, maps,
or written procedures. The commission may inspect any
record, map, or written procedure required by federal law to
be kept by a hazardous liquid pipeline company concerning
the reportable releases, and the design, construction, testing,
or operation and maintenance of hazardous liquid pipelines.
[2000 c 191 § 11.]
81.88.110 Pipeline company duties after notice of
excavation. A pipeline company that has been notified by
an excavator that excavation work will occur near a hazardous liquid pipeline shall ensure that the pipeline
company’s representative consults with the excavator on-site
prior to the excavation. The pipeline company has the
discretion to require that the pipeline section in the vicinity
of the excavation is fully uncovered and examined for
damage prior to being reburied. [2000 c 191 § 21.]
[Title 81 RCW—page 80]
81.88.140 Citizens committee on pipeline safety—
Duties—Membership. (1) The citizens committee on
pipeline safety is established to advise the state agencies and
other appropriate federal and local government agencies and
officials on matters relating to hazardous liquid and gas
pipeline safety, routing, construction, operation, and maintenance. The committee shall serve as an advisory committee
for the commission on matters relating to the commission’s
pipeline safety programs and activities. The commission
shall consult with and provide periodic reports to the
committee on matters related to the commission’s pipeline
safety programs and activities, including but not limited to
the development and regular review of funding elements for
pipeline safety programs and activities.
(2) The committee shall have thirteen total members
who shall be appointed by the governor to staggered threeyear terms and shall consist of: (a) Nine members representing local government, including elected officials and
the public; and (b) four nonvoting members, representing
owners and operators of hazardous liquid and gas pipelines.
All members of the committee, voting and nonvoting, may
participate fully in the committee’s meetings, activities, and
deliberations and shall timely receive all notices and information related to committee business and decisions.
(3) The committee shall review and comment on
proposed rules and the operation of the state pipeline safety
programs.
(4) The committee may create one or more technical
advisory committees comprised of gas and hazardous liquid
pipeline owners or operators, agency representatives, natural
resource and environmental interests, or other interested
parties.
(5) The committee established in this section constitutes
a class one group under RCW 43.03.220. Expenses for this
group, as well as staff support, shall be provided by the
utilities and transportation commission. [2001 c 238 § 11;
2000 c 191 § 14.]
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
81.88.150 Review of hazardous liquid and gas
pipeline safety programs. The joint legislative audit and
review committee shall review staff use, inspection activity,
fee methodology, and costs of the hazardous liquid and gas
pipeline safety programs and report to the appropriate
legislative committees by July 1, 2003. The report shall
include a comparison of interstate and intrastate programs,
including but not limited to the number and complexity of
regular and specialized inspections, mapping requirements
for each program, and allocation of administrative costs to
each program. [2001 c 238 § 4.]
Intent—Finding—Effective date—2001 c 238: See notes following
RCW 80.24.060.
81.88.900 Conflict with federal requirements—2000
c 191. If any part of this act is found to be in conflict with
federal requirements that are a prescribed condition to the
allocation of federal funds to the state, the conflicting part of
this act is inoperative solely to the extent of the conflict and
with respect to the agencies directly affected, and this
finding does not affect the operation of the remainder of this
(2002 Ed.)
Gas and Hazardous Liquid Pipelines
81.88.900
act in its application to the agencies concerned. Rules
adopted under this act must meet federal requirements that
are a necessary condition to the receipt of federal funds by
the state. [2000 c 191 § 26.]
feasibility of new short-haul air transportation concepts in
the West.
81.88.901 Short title—2000 c 191. This act may be
known and cited as the Washington state pipeline safety act.
[2000 c 191 § 27.]
A. There is hereby established an agency of the party
states to be known as the Western Regional Short-Haul Air
Transportation Commission (hereinafter called the "Commission").
B. The Commission shall be composed of one member
from each party state and one federal member, if authorized
by federal law, who shall be the Secretary of Transportation
or his designee. Each state member shall be appointed,
suspended, or removed and shall serve subject to and in
accordance with the laws of the state which he represents.
C. The state members shall each be entitled to one vote
on the Commission. No action of the Commission shall be
binding unless taken at a meeting at which a majority of all
members representing the party states are present, and unless
a majority of the total number of votes on the Commission
are cast in favor thereof. The federal member shall not be
entitled to a vote on the Commission unless authorized by a
majority vote of the state members. The state members may
provide that decisions of the Commission shall require the
affirmative vote of the federal member and of a majority of
the state members, if such provision is necessary in order to
meet the requirements of federal law. In matters coming
before the Commission, the state members shall, to the
extent practicable, consult with representatives of appropriate
local subdivisions within their respective states and the
federal member, if any, shall consult with the federal
departments and agencies having an interest in the subject
matter.
D. The state members of the Commission shall elect
annually, from among their number, a chairman and a vice
chairman. The state members may provide that the chairman
so elected shall be designated as the state cochairman and
the federal member shall be designated as the federal
cochairman, if such provision is necessary in order to meet
the requirements of federal law.
E. Each state member shall have an alternate appointed
in accordance with the laws of the state which he represents.
The federal member, if any, shall have an alternate appointed
in accordance with federal law. An alternate shall be
entitled to vote in the event of the absence, death, disability,
removal, or resignation of the state or federal member for
whom he is an alternate.
81.88.902 Effective date—2000 c 191. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[March 28, 2000]. [2000 c 191 § 29.]
Chapter 81.96
WESTERN REGIONAL SHORT-HAUL AIR
TRANSPORTATION COMPACT
Sections
81.96.010
81.96.020
81.96.030
Ratification and approval—Adherence.
Terms and provisions.
Service of secretary of transportation as state member—
Execution of compact.
81.96.010 Ratification and approval—Adherence.
The western regional short-haul air transportation compact
proposed for adoption by the states of Alaska, Arizona,
California, Colorado, Hawaii, Idaho, Montana, Nevada, New
Mexico, Oregon, Utah, Washington, and Wyoming, is hereby
ratified and approved and the adherence of this state to the
provisions of this compact, upon its ratification and approval
by at least six of the other twelve states, is hereby declared.
[1972 ex.s. c 36 § 2.]
81.96.020 Terms and provisions. The terms and
provisions of the compact referred to in RCW 81.96.010 are
as follows:
WESTERN REGIONAL SHORT-HAUL AIR
TRANSPORTATION COMPACT
Article I
PURPOSE
The party states recognize that short-haul air transportation is essential to a balanced and efficient transportation
system in the West, meeting special needs created by
particular geographic and population patterns in both rural
and urban areas. They further recognize that it is not economically feasible for the commercial airlines to provide a
full complement of short-haul air services or to explore fully
the capabilities and limitations of the various types and
locations of such services. They also recognize that careful
planning, experimentation, and testing are needed before appropriate short-haul air transportation can be developed for
all the situations in which it would be beneficial to the
economy and general welfare of the western states. To meet
this need, the party states agree that a regional compact
should be established for the purpose of organizing and
conducting a series of demonstration programs to test the
(2002 Ed.)
Article II
REGIONAL COMMISSION
Article III
FUNCTIONS OF THE COMMISSION
A. It shall be the primary function of the Commission
to authorize and effect a series of demonstration programs to
test the feasibility of new short-haul air transportation
concepts in the West. To carry out this function, the
Commission shall have power to:
(1) Establish basic regional demonstration policy and
coordinate with federal policy makers where appropriate;
(2) Create a management plan and implement programs
through a suitable staff;
(3) Designate demonstration arenas and facilities;
(4) Select demonstration operators;
[Title 81 RCW—page 81]
81.96.020
Title 81 RCW: Transportation
(5) Establish a funding plan for the demonstration
programs selected; and
(6) Establish means of monitoring and evaluating the
demonstration programs.
Article IV
ADMINISTRATIVE POWERS AND DUTIES
OF THE COMMISSION
A. The Commission shall adopt bylaws, rules, and
regulations for the conduct of its business and the performance of its functions, and shall have the power to amend
and rescind such bylaws, rules, and regulations. The
Commission shall publish its bylaws, rules, and regulations
in convenient form and shall file a copy thereof, and shall
also file a copy of any amendment thereto, with the appropriate agency or officer in each of the party states.
B. The Commission may accept, use, and dispose of
gifts or donations of services or property, real, personal, or
mixed, tangible or intangible, for any of its purposes and
functions under this compact.
C. The Commission may enter into and perform such
contracts, leases, cooperative agreements, or other transactions as may be necessary in carrying out its functions and
on such terms as it may deem appropriate, with any department, agency, or instrumentality of the United States or with
any state, or any political subdivision, agency, or instrumentality thereof, or with any person, firm, association, or
corporation.
D. In order to obtain information needed to carry out
its duties, the Commission may hold such hearings, sit and
act at such times and places, take such testimony, receive
such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may
deem advisable. The chairman of the Commission, or any
member designated by the Commission for the purpose, shall
have authority to administer oaths when it is determined by
the Commission that testimony shall be taken or evidence
received under oath.
E. The Commission may arrange for the head of any
federal, state, or local department or agency to furnish to the
Commission such information as may be available to or
procurable by such department or agency, relating to the
duties and functions of the Commission.
F. The Commission annually shall make to the Governor of each party state, a report covering the activities of the
Commission for the preceding year, and embodying such
recommendations as may have been adopted by the Commission, which report shall be transmitted to the legislature of
said state. The Commission may issue such additional
reports as it may deem desirable.
Article V
FINANCES
A. The members of the Commission shall serve without
compensation from the Commission, but the compensation
and expenses of each state member in attending Commission
meetings may be paid by the state he represents in accordance with the laws of that state. All other expenses
incurred by the Commission shall be paid by the Commission.
B. The Commission shall submit periodically to the
executive head or designated officer of each party state a
[Title 81 RCW—page 82]
budget of its estimated expenditures for such period as may
be required by the laws of that state for presentation to the
legislature thereof. Each such budget shall contain specific
recommendations of the amount or amounts to be appropriated by each of the party states. The share to be paid by each
party state shall be determined by a majority vote of the
state members of the Commission. The federal member, if
any, shall not participate or vote in such determination. The
costs shall be allocated equitably among the party states in
accordance with their respective interests.
C. The Commission may meet any of its obligations in
whole or in part with funds available to it from the federal
government or other sources under Article IV(B) of this
compact, provided that the Commission takes specific action
setting aside such funds prior to the incurring of any
obligation to be met in whole or in part in this manner.
Except where the Commission makes use of funds available
to it under Article IV(B) of this compact, the Commission
shall not incur any obligation prior to the allotment of funds
by the party states adequate to meet the same.
Article VI
PERSONNEL
A. The Commission may appoint and fix the compensation of an Executive Director, who shall be responsible for
the day-to-day management of the operations conducted by
the Commission. The Executive Director shall act as
secretary-treasurer for the Commission and he, together with
such other personnel as the Commission may direct, shall be
bonded in such amounts as the Commission may require.
B. The Executive Director shall, with the approval of
the Commission, appoint and remove or discharge such
technical, clerical or other personnel on a regular, part-time,
or consulting basis as may be necessary for the performance
of the Commission’s functions.
C. Officers and employees of the Commission shall be
eligible for social security coverage in respect to old age and
survivors’ insurance provided the Commission takes such
steps as may be necessary pursuant to federal law to participate in such program of insurance as a governmental agency
or unit. The Commission may establish and maintain or
participate in such additional programs of employee benefits
as may be appropriate to afford the officers and employees
of the Commission terms and conditions of employment
similar to those enjoyed by employees of the party states
generally. The Commission shall not be bound by any
statute or regulation of any party state in the employment or
discharge of any officer or employee.
Article VII
RECORDS AND AUDIT
A. The Commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the Commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and
disbursements of funds handled by the Commission shall be
audited yearly by a certified or licensed public accountant
and the report of the audit shall be included in and become
a part of the annual report of the Commission.
B. The audit authorities of each of the party states and
of the appropriate federal departments and agencies, or any
of their duly authorized representatives, shall have access for
(2002 Ed.)
Western Regional Short-Haul Air Transportation Compact
the purpose of audit and examination to any books, documents, papers, and records of the Commission that are
pertinent.
C. The Commission shall keep books and records in
compliance with federal requirements and standards where
necessary to qualify for federal assistance, including records
which fully disclose the amount and disposition of the proceeds of federal assistance the Commission has received, the
total cost of the plan, program, or project or undertaking in
connection with which such assistance is given or used, and
the amount and nature of that portion of the cost of the plan,
program, or project or undertaking supplied by other sources,
and such other records as will facilitate an effective audit.
Article VIII
ELIGIBLE PARTIES, ENTRY INTO FORCE
AND WITHDRAWAL
A. Any or all of the states of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New
Mexico, Oregon, Utah, Washington, and Wyoming shall be
eligible to become party to this compact.
B. As to any eligible party state, this compact shall
become effective when its legislature shall have enacted the
same into law; provided, that it shall not become initially
effective until enacted into law by 7 states.
C. Any party state may withdraw from this compact by
enacting a statute repealing the same, but no such withdrawal
shall take effect until one year after the Governor of the
withdrawing state has given notice to the Governors of all
other party states. No withdrawal shall affect any liability
already incurred by or chargeable to a party state prior to the
time of such withdrawal.
Article IX
CONSTRUCTION AND SEVERABILITY
It is intended that the provisions of this compact shall
be reasonably and liberally construed to effectuate its
purposes. The provisions of this compact shall be severable
and if any phrase, clause, sentence, or provision of this
compact is declared to be contrary to the constitution of any
party state or of the United States, or the applicability thereof to any government, agency, person or circumstance is
held invalid, the validity of the remainder of this compact
and the applicability thereof to any government, agency,
person, or circumstance shall not be affected thereby. If this
compact shall be held contrary to the constitution of any
party state, the compact shall remain in full force and effect
as to the remaining states and in full force and effect as to
the state affected as to all severable matters. [1972 ex.s. c
36 § 3.]
81.96.030 Service of secretary of transportation as
state member—Execution of compact. The secretary of
transportation or his designee may serve as the Washington
state member to the western regional short-haul air transportation compact and may execute the compact on behalf of
this state with any other state or states legally joining
therein. [1984 c 7 § 376; 1972 ex.s. c 36 § 4.]
Severability—1984 c 7: See note following RCW 47.01.141.
(2002 Ed.)
81.96.020
Chapter 81.100
HIGH OCCUPANCY VEHICLE SYSTEMS
Sections
81.100.010 Purpose.
81.100.020 Definitions.
81.100.030 Employer tax.
81.100.040 Adoption of goals.
81.100.050 Survey of tax use.
81.100.060 Excise tax.
81.100.070 High occupancy vehicle account.
81.100.080 Use of funds.
81.100.090 Interlocal agreements.
81.100.100 Urban public transportation system.
81.100.900 Construction—Severability—Headings—1990 c 43.
Use of moneys, construction priority: See 1990 c 298 § 35.
81.100.010 Purpose. The need for mobility, growing
travel demand, and increasing traffic congestion in urban
areas necessitate accelerated development and increased
utilization of the high-occupancy vehicle system. RCW
81.100.030 and 81.100.060 provide taxing authority that
counties or regional transportation investment districts can
use in the near term to accelerate development and increase
utilization of the high-occupancy vehicle system by supplementing available federal, state, and local funds. [2002 c 56
§ 409; 1990 c 43 § 12.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Construction—1990 c 43: "This act shall be liberally construed to
give effect to the intent of this act." [1990 c 43 § 56.]
Severability—1990 c 43: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 43 § 57.]
Headings—1990 c 43: "Section headings, part headings, and the
index as used in this act do not constitute any part of the law." [1990 c 43
§ 55.]
81.100.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Transit agency" means a city that operates a transit
system, a public transportation benefit area, a county
transportation authority, or a metropolitan municipal corporation.
(2) The "high occupancy vehicle system" includes high
occupancy vehicle lanes, related high occupancy vehicle
facilities, and high occupancy vehicle programs.
(3) "High occupancy vehicle lanes" mean lanes reserved
for public transportation vehicles only or public transportation vehicles and private vehicles carrying no fewer than a
specified number of passengers under RCW 46.61.165.
(4) "Related facilities" means park and ride lots, park
and pool lots, ramps, bypasses, turnouts, signal preemption,
and other improvements designed to maximize use of the
high occupancy vehicle system.
(5) "High occupancy vehicle program" means advertising the high occupancy vehicle system, promoting carpool,
vanpool, and transit use, providing vanpool vehicles, and
enforcement of driving restrictions governing high occupancy
vehicle lanes. [1990 c 43 § 13.]
[Title 81 RCW—page 83]
81.100.030
Title 81 RCW: Transportation
81.100.030 Employer tax. (1) A county with a
population of one million or more, or a county with a
population of from two hundred ten thousand to less than
one million that is adjoining a county with a population of
one million or more, and having within its boundaries
existing or planned high-occupancy vehicle lanes on the state
highway system, or a regional transportation investment
district for capital improvements, but only to the extent that
the tax has not already been imposed by the county, may,
with voter approval impose an excise tax of up to two
dollars per employee per month on all employers or any
class or classes of employers, public and private, including
the state located in the agency’s jurisdiction, measured by
the number of full-time equivalent employees. In no event
may the total taxes imposed under this section exceed two
dollars per employee per month for any single employer.
The county or investment district imposing the tax authorized in this section may provide for exemptions from the
tax to such educational, cultural, health, charitable, or
religious organizations as it deems appropriate.
Counties or investment districts may contract with the
state department of revenue or other appropriate entities for
administration and collection of the tax. Such contract shall
provide for deduction of an amount for administration and
collection expenses.
(2) The tax shall not apply to employment of a person
when the employer has paid for at least half of the cost of a
transit pass issued by a transit agency for that employee,
valid for the period for which the tax would otherwise be
owed.
(3) A county or investment district shall adopt rules that
exempt from all or a portion of the tax any employer that
has entered into an agreement with the county or investment
district that is designed to reduce the proportion of employees who drive in single-occupant vehicles during peak commuting periods in proportion to the degree that the agreement is designed to meet the goals for the employer’s
location adopted under RCW 81.100.040.
The agreement shall include a list of specific actions
that the employer will undertake to be entitled to the
exemption. Employers having an exemption from all or part
of the tax through this subsection shall annually certify to
the county or investment district that the employer is
fulfilling the terms of the agreement. The exemption
continues as long as the employer is in compliance with the
agreement.
If the tax authorized in RCW 81.100.060 is also
imposed, the total proceeds from both tax sources each year
shall not exceed the maximum amount which could be collected under RCW 81.100.060. [2002 c 56 § 410; 1991 c
363 § 153; 1990 c 43 § 14.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
81.100.040 Adoption of goals. The legislature
encourages counties, in conjunction with cities, metropolitan
planning organizations, and transit agencies in metropolitan
areas to adopt goals for reducing the proportion of commuters who drive in single-occupant vehicles during peak
commuting periods. Any county imposing a tax under this
[Title 81 RCW—page 84]
chapter must adopt such goals. In adopting these goals,
counties shall consider at least the following:
(1) Existing and anticipated levels of peak-period traffic
congestion on roadways used by employees in commuting to
work;
(2) Existing and anticipated levels of transit and vanpool
service and carpool programs available to and from the
worksite;
(3) Variations in employment density and employer size;
(4) Availability and cost of parking; and
(5) Consistency of the goals with the regional transportation plan. [1990 c 43 § 15.]
81.100.050 Survey of tax use. The department of
transportation shall include in the annual transit report under
RCW 35.58.2795 and 35.58.2796 an element describing
actions taken under this chapter. On at least two occasions
prior to December 31, 1998, the department shall include an
evaluation of the effectiveness of such actions. [1990 c 43
§ 16.]
81.100.060 Excise tax. A county with a population of
one million or more and a county with a population of from
two hundred ten thousand to less than one million that is
adjoining a county with a population of one million or more,
having within their boundaries existing or planned
high-occupancy vehicle lanes on the state highway system,
or a regional transportation investment district for capital
improvements, but only to the extent that the surcharge has
not already been imposed by the county, may, with voter
approval, impose a local surcharge of not more than threetenths of one percent of the value on vehicles registered to
a person residing within the county and not more than 13.64
percent on the state sales and use taxes paid under the rate
in RCW 82.08.020(2) on retail car rentals within the county
or investment district. A county may impose the surcharge
only to the extent that it has not been imposed by the
district. No surcharge may be imposed on vehicles licensed
under RCW 46.16.070 except vehicles with an unladen
weight of six thousand pounds or less, RCW 46.16.079,
46.16.085, or 46.16.090.
Counties or investment districts imposing a tax under
this section shall contract, before the effective date of the
resolution or ordinance imposing a surcharge, administration
and collection to the state department of licensing, and
department of revenue, as appropriate, which shall deduct an
amount, as provided by contract, for administration and
collection expenses incurred by the department. All administrative provisions in chapters 82.03, 82.32, and 82.44 RCW
shall, insofar as they are applicable to motor vehicle excise
taxes, be applicable to surcharges imposed under this section.
All administrative provisions in chapters 82.03, 82.08, 82.12,
and 82.32 RCW shall, insofar as they are applicable to state
sales and use taxes, be applicable to surcharges imposed
under this section.
If the tax authorized in RCW 81.100.030 is also
imposed, the total proceeds from tax sources imposed under
this section and RCW 81.100.030 each year shall not exceed
the maximum amount which could be collected under this
section. [2002 c 56 § 411; 1998 c 321 § 34 (Referendum
(2002 Ed.)
High Occupancy Vehicle Systems
Bill No. 49, approved November 3, 1998); 1992 c 194 § 12;
1991 c 363 § 154; 1990 c 43 § 17.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 82.14.045.
Legislative intent—1992 c 194: See note following RCW 82.08.020.
Effective dates—1992 c 194: See note following RCW 46.04.466.
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Changes in tax law—Liability: RCW 82.08.064, 82.14.055, and 82.32.430.
81.100.070 High occupancy vehicle account. Funds
collected by the department of revenue or other entity under
RCW 81.100.030, or by the department of licensing under
RCW 81.100.060, less the deduction for collection expenses,
shall be deposited in the high occupancy vehicle account
hereby created in the custody of the state treasurer. On the
first day of the months of January, April, July, and October
of each year, the state treasurer shall distribute the funds in
the account to the counties on whose behalf the funds were
received. The state treasurer shall make the distribution
under this section without appropriation. [1991 sp.s. c 13 §§
105, 119; 1990 c 43 § 18.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
81.100.080 Use of funds. Funds collected under
RCW 81.100.030 or 81.100.060 and any investment earnings
accruing thereon shall be used by the county in a manner
consistent with the regional transportation plan only for costs
of collection, costs of preparing, adopting, and enforcing
agreements under RCW 81.100.030(3), for construction of
high occupancy vehicle lanes and related facilities, mitigation
of environmental concerns that result from construction or
use of high occupancy vehicle lanes and related facilities,
payment of principal and interest on bonds issued for the
purposes of this section, for high occupancy vehicle programs as defined in RCW 81.100.020(5), and for commuter
rail projects in accordance with RCW 81.104.120. No funds
collected under RCW 81.100.030 or 81.100.060 after June
30, 2000, may be pledged for the payment or security of the
principal or interest on any bonds issued for the purposes of
this section. Not more than ten percent of the funds may be
used for transit agency high occupancy vehicle programs.
Priorities for construction of high occupancy vehicle
lanes and related facilities shall be as follows:
(1)(a) To accelerate construction of high occupancy
vehicle lanes on the interstate highway system, as well as
related facilities;
(b) To finance or accelerate construction of high
occupancy vehicle lanes on the noninterstate state highway
system, as well as related facilities.
(2) To finance construction of high occupancy vehicle
lanes on local arterials, as well as related facilities.
Moneys received by an agency under this chapter shall
be used in addition to, and not as a substitute for, moneys
currently used by the agency for the purposes specified in
this section.
(2002 Ed.)
81.100.060
Counties may contract with cities or the state department of transportation for construction of high occupancy
vehicle lanes and related facilities, and may issue general
obligation bonds to fund such construction and use funds
received under this chapter to pay the principal and interest
on such bonds. [1990 c 43 § 19.]
81.100.090 Interlocal agreements. Counties imposing
a tax under this chapter shall enter into an agreement
through the interlocal cooperation act with the department of
transportation. The agreement shall provide an opportunity
for the department of transportation, cities and transit
agencies having within their boundaries a portion of the
existing or planned high occupancy vehicle system as contained in the regional transportation plan, to coordinate
programming and operational decisions affecting the high
occupancy vehicle system. If two or more adjoining
counties impose a tax under RCW 81.100.030 or 81.100.060,
the counties shall jointly enter one interlocal agreement with
the department of transportation. [1990 c 43 § 20.]
81.100.100 Urban public transportation system.
The high occupancy vehicle system is an urban public
transportation system as defined in RCW 47.04.082. [1990
c 43 § 21.]
81.100.900 Construction—Severability—Headings—
1990 c 43. See notes following RCW 81.100.010.
Chapter 81.104
HIGH-CAPACITY TRANSPORTATION SYSTEMS
Sections
81.104.010
81.104.015
81.104.020
81.104.030
Purpose.
Definitions.
State policy roles.
Policy development outside central Puget Sound—Voter
approval.
81.104.040 Policy development in central Puget Sound—Voter approval.
81.104.050 Expansion of service.
81.104.060 State role in planning and implementation.
81.104.070 Responsibility for system implementation.
81.104.080 Regional transportation planning.
81.104.090 Department of transportation responsibilities—Funding of
planning projects.
81.104.100 Planning process.
81.104.110 Independent system plan oversight.
81.104.115 Rail fixed guideway system—Safety and security program
plan.
81.104.120 Commuter rail service—Voter approval.
81.104.130 Financial responsibility.
81.104.140 Dedicated funding sources.
81.104.150 Employer tax.
81.104.160 Motor vehicle excise tax—Sales and use tax on car rentals.
81.104.170 Sales and use tax.
81.104.180 Pledge of revenues for bond retirement.
81.104.190 Contract for collection of taxes.
81.104.900 Construction—Severability—Headings—1990 c 43.
81.104.901 Section headings not part of law—Severability—Effective
date—1992 c 101.
High capacity transportation account: RCW 47.78.010.
81.104.010 Purpose. Increasing congestion on
Washington’s roadways calls for identification and implementation of high capacity transportation system alternatives.
[Title 81 RCW—page 85]
81.104.010
Title 81 RCW: Transportation
The legislature believes that local jurisdictions should
coordinate and be responsible for high capacity transportation policy development, program planning, and implementation. The state should assist by working with local agencies
on issues involving rights of way, partially financing projects
meeting established state criteria including development and
completion of the high occupancy vehicle lane system,
authorizing local jurisdictions to finance high capacity
transportation systems through voter-approved tax options,
and providing technical assistance and information. [1992 c
101 § 18; 1991 c 318 § 1; 1990 c 43 § 22.]
81.104.015 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "High-capacity transportation system" means a
system of public transportation services within an urbanized
region operating principally on exclusive rights of way, and
the supporting services and facilities necessary to implement
such a system, including interim express services and high
occupancy vehicle lanes, which taken as a whole, provides
a substantially higher level of passenger capacity, speed, and
service frequency than traditional public transportation
systems operating principally in general purpose roadways.
(2) "Rail fixed guideway system" means a light, heavy,
or rapid rail system, monorail, inclined plane, funicular,
trolley, or other fixed rail guideway component of a highcapacity transportation system that is not regulated by the
Federal Railroad Administration, or its successor. "Rail
fixed guideway system" does not mean elevators, moving
sidewalks or stairs, and vehicles suspended from aerial
cables, unless they are an integral component of a station
served by a rail fixed guideway system.
(3) "Regional transit system" means a high-capacity
transportation system under the jurisdiction of one or more
transit agencies except where a regional transit authority
created under chapter 81.112 RCW exists, in which case
"regional transit system" means the high-capacity transportation system under the jurisdiction of a regional transit
authority.
(4) "Transit agency" means city-owned transit systems,
county transportation authorities, metropolitan municipal
corporations, and public transportation benefit areas. [1999
c 202 § 9; 1992 c 101 § 19.]
Effective date—1999 c 202: See note following RCW 35.21.228.
81.104.020 State policy roles. The department of
transportation’s current policy role in transit is expanded to
include other high capacity transportation development as
part of a multimodal transportation system.
(1) The department of transportation shall implement a
program for high capacity transportation coordination,
planning, and technical studies with appropriations from the
high capacity transportation account.
(2) The department shall assist local jurisdictions and regional transportation planning organizations with high
capacity transportation planning efforts. [1991 c 318 § 2;
1990 c 43 § 23.]
81.104.030 Policy development outside central Puget
Sound—Voter approval. (1) In any county that has a
[Title 81 RCW—page 86]
population of one hundred seventy-five thousand or more
and has an interstate highway within its borders, except for
any county having a population of more than one million or
a county that has a population more than four hundred
thousand and is adjacent to a county with a population of
more than one million, transit agencies may elect to establish
high capacity transportation service. Such agencies shall
form a regional policy committee with proportional representation based upon population distribution within the designated service area and a representative of the department of
transportation, or such agencies may use the designated
metropolitan planning organization as the regional policy
committee.
Transit agencies participating in joint regional policy
committees shall seek voter approval within their own
service boundaries of a high capacity transportation system
plan and financing plan. For transit agencies in counties
adjoining state or international boundaries where the high
capacity transportation system plan and financing plan
propose a bi-state or international high capacity transportation system, such voter approval shall be required from only
those voters residing within the service area in the state of
Washington.
(2) Transit agencies in counties adjoining state or
international boundaries are authorized to participate in the
regional high capacity transportation programs of an adjoining state or Canadian province. [1995 2nd sp.s. c 14 § 541;
1993 c 428 § 1; 1992 c 101 § 20; 1991 c 318 § 3; 1991 c
309 § 2; (1991 c 363 § 155 repealed by 1991 c 309 § 6);
1990 c 43 § 24.]
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
81.104.040 Policy development in central Puget
Sound—Voter approval. Transit agencies in each county
with a population of one million or more, and in each county
with a population of from two hundred ten thousand to less
than one million bordering a county with a population of one
million or more that are authorized on January 1, 1991, to
provide high capacity transportation planning and operating
services must establish through interlocal agreements a joint
regional policy committee with proportional representation
based upon the population distribution within each agency’s
designated service area, as determined by the parties to the
agreement.
(1) The membership of the joint regional policy committee shall consist of locally elected officials who serve on the
legislative authority of the existing transit systems and a
representative from the department of transportation.
Nonvoting membership for elected officials from adjoining
counties may be allowed at the committee’s discretion.
(2) The joint regional policy committee shall be responsible for the preparation and adoption of a regional high
capacity transportation implementation program, which shall
include the system plan, project plans, and a financing plan.
This program shall be in conformance with the regional
transportation planning organization’s regional transportation
plan and consistent with RCW 81.104.080.
(3) The joint regional policy committee shall present an
adopted high capacity transportation system plan and
financing plan to the boards of directors of the transit
agencies within the service area or to the regional transit
(2002 Ed.)
High-Capacity Transportation Systems
authority, if such authority has been formed. The authority
shall proceed as prescribed in RCW 81.112.030. [1992 c
101 § 21; 1991 c 318 § 4; 1990 c 43 § 25.]
81.104.050 Expansion of service. Regional high
capacity transportation service may be expanded beyond the
established district boundaries through interlocal agreements
among the transit agencies and any regional transit authorities in existence. [1992 c 101 § 22; 1991 c 318 § 5;
1990 c 43 § 26.]
81.104.060 State role in planning and implementation. (1) The state’s planning role in high capacity transportation development as one element of a multimodal transportation system should facilitate cooperative state and local
planning efforts.
(2) The department of transportation may serve as a
contractor for high capacity transportation system and project
design, administer construction, and assist agencies authorized to provide service in the acquisition, preservation, and
joint use of rights of way.
(3) The department and local jurisdictions shall continue
to cooperate with respect to the development of high
occupancy vehicle lanes and related facilities, associated
roadways, transfer stations, people mover systems developed
either by the public or private sector, and other related
projects.
(4) The department in cooperation with local jurisdictions shall develop policies which enhance the development
of high speed interregional systems by both the private and
the public sector. These policies may address joint use of
rights of way, identification and preservation of transportation corridors, and joint development of stations and other
facilities. [1991 c 318 § 6; 1990 c 43 § 27.]
81.104.070 Responsibility for system implementation. (1) The state shall not become an operating agent for
regional high capacity transportation systems.
(2) Agencies providing high capacity transportation
service are responsible for planning, construction, operations,
and funding including station area design and development,
and parking facilities. Agencies may implement necessary
contracts, joint development agreements, and interlocal
government agreements. Agencies providing service shall
consult with affected local jurisdictions and cooperate with
comprehensive planning processes. [1990 c 43 § 28.]
81.104.080 Regional transportation planning.
Where applicable, regional transportation plans and local
comprehensive plans shall address the relationship between
urban growth and an effective high capacity transportation
system plan, and provide for cooperation between local
jurisdictions and transit agencies.
(1) Regional high capacity transportation plans shall be
included in the designated regional transportation planning
organization’s regional transportation plan review and update
process to facilitate development of a coordinated
multimodal transportation system and to meet federal
funding requirements.
(2) Interlocal agreements between transit authorities, cities, and counties shall set forth conditions for assuring land
(2002 Ed.)
81.104.040
uses compatible with development of high capacity transportation systems. These include developing sufficient land use
densities through local actions in high capacity transportation
corridors and near passenger stations, preserving transit
rights of way, and protecting the region’s environmental
quality. The implementation program for high capacity
transportation systems shall favor cities and counties with
supportive land use plans. In developing local actions
intended to carry out these policies cities and counties shall
insure the opportunity for public comment and participation
in the siting of such facilities, including stations or transfer
facilities. Agencies providing high capacity transportation
services, in cooperation with public and private interests,
shall promote transit-compatible land uses and development
which includes joint development.
(3) Interlocal agreements shall be consistent with state
planning goals as set forth in chapter 36.70A RCW.
Agreements shall also include plans for concentrated
employment centers, mixed-use development, and housing
densities that support high capacity transportation systems.
(4) Agencies providing high capacity transportation
service and other transit agencies shall develop a cooperative
process for the planning, development, operations, and
funding of feeder transportation systems. Feeder systems
may include existing and future intercity passenger systems
and alternative technology people mover systems which may
be developed by the private or public sector.
(5) Cities and counties along corridors designated in a
high capacity transportation system plan shall enter into
agreements with their designated regional transportation
planning organizations, for the purpose of participating in a
right of way preservation review process which includes
activities to promote the preservation of the high capacity
transportation rights of way. The regional transportation
planning organization shall serve as the coordinator of the
review process.
(a) Cities and counties shall forward all development
proposals for projects within and adjoining to the rights of
way proposed for preservation to the designated regional
transportation planning organizations, which shall distribute
the proposals for review by parties to the right of way
preservation review process.
(b) The regional transportation planning organizations
shall also review proposals for conformance with the
regional transportation plan and associated regional development strategies. The designated regional transportation
planning organization shall within ninety days compile local
and regional agency comments and communicate the same
to the originating jurisdiction and the joint regional policy
committee. [1991 c 318 § 7; 1990 c 43 § 29.]
81.104.090 Department of transportation responsibilities—Funding of planning projects. The department of
transportation shall be responsible for distributing amounts
appropriated from the high capacity transportation account,
which shall be allocated by the department of transportation
based on criteria in subsection (2) of this section. The
department shall assemble and participate in a committee
comprised of transit agencies eligible to receive funds from
the high capacity transportation account for the purpose of
reviewing fund applications.
[Title 81 RCW—page 87]
81.104.090
Title 81 RCW: Transportation
(1) State high capacity transportation account funds may
provide up to eighty percent matching assistance for high
capacity transportation planning efforts.
(2) Authorizations for state funding for high capacity
transportation planning projects shall be subject to the
following criteria:
(a) Conformance with the designated regional transportation planning organization’s regional transportation plan;
(b) Local matching funds;
(c) Demonstration of projected improvement in regional
mobility;
(d) Conformance with planning requirements prescribed
in RCW 81.104.100, and if five hundred thousand dollars or
more in state funding is requested, conformance with the
requirements of RCW 81.104.110; and
(e) Establishment, through interlocal agreements, of a
joint regional policy committee as defined in RCW
81.104.030 or 81.104.040.
(3) The department of transportation shall provide
general review and monitoring of the system and project
planning process prescribed in RCW 81.104.100. [1995 c
269 § 2602; 1993 c 393 § 2; 1991 c 318 § 8; 1990 c 43 §
30.]
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Effective date—1993 c 393: See RCW 47.66.900.
81.104.100 Planning process. To assure development
of an effective high capacity transportation system, local
authorities shall follow the following planning process:
(1) Regional, multimodal transportation planning is the
ongoing urban transportation planning process conducted in
each urbanized area by its regional transportation planning
organization. During this process, regional transportation
goals are identified, travel patterns are analyzed, and future
land use and travel are projected. The process provides a
comprehensive view of the region’s transportation needs but
does not select specified modes to serve those needs. The
process shall identify a priority corridor or corridors for
further study of high capacity transportation facilities if it is
deemed feasible by local officials.
(2) High capacity transportation system planning is the
detailed evaluation of a range of high capacity transportation
system options, including: Do nothing, low capital, and
ranges of higher capital facilities. To the extent possible this
evaluation shall take into account the urban mass transportation administration’s requirements identified in subsection (3) of this section.
High capacity transportation system planning shall
proceed as follows:
(a) Organization and management. The responsible
local transit agency or agencies shall define roles for various
local agencies, review background information, provide for
public involvement, and develop a detailed work plan for the
system planning process.
(b) Development of options. Options to be studied shall
be developed to ensure an appropriate range of technologies
and service policies can be evaluated. A do-nothing option
and a low capital option that maximizes the current system
shall be developed. Several higher capital options that
[Title 81 RCW—page 88]
consider a range of capital expenditures for several candidate
technologies shall be developed.
(c) Analysis methods. The local transit agency shall
develop reports describing the analysis and assumptions for
the estimation of capital costs, operating and maintenance
costs, methods for travel forecasting, a financial plan and an
evaluation methodology.
(d) The system plan submitted to the voters pursuant to
RCW 81.104.140 shall address, but is not limited to the
following issues:
(i) Identification of level and types of high capacity
transportation services to be provided;
(ii) A plan of high occupancy vehicle lanes to be
constructed;
(iii) Identification of route alignments and station
locations with sufficient specificity to permit calculation of
costs, ridership, and system impacts;
(iv) Performance characteristics of technologies in the
system plan;
(v) Patronage forecasts;
(vi) A financing plan describing: Phasing of investments; capital and operating costs and expected revenues;
cost-effectiveness represented by a total cost per system rider
and new rider estimate; estimated ridership and the cost of
service for each individual high capacity line; and identification of the operating revenue to operating expense ratio.
The financing plan shall specifically differentiate the
proposed use of funds between high capacity transportation
facilities and services, and high occupancy vehicle facilities;
(vii) Description of the relationship between the high
capacity transportation system plan and adopted land use
plans;
(viii) An assessment of social, economic, and environmental impacts; and
(ix) Mobility characteristics of the system presented,
including but not limited to: Qualitative description of
system/service philosophy and impacts; qualitative system
reliability; travel time and number of transfers between
selected residential, employment, and activity centers; and
system and activity center mode splits.
(3) High capacity transportation project planning is the
detailed identification of alignments, station locations,
equipment and systems, construction schedules, environmental effects, and costs. High capacity transportation project
planning shall proceed as follows: The local transit agency
shall analyze and produce information needed for the
preparation of environmental impact statements. The impact
statements shall address the impact that development of such
a system will have on abutting or nearby property owners.
The process of identification of alignments and station
locations shall include notification of affected property
owners by normal legal publication. At minimum, such
notification shall include notice on the same day for at least
three weeks in at least two newspapers of general circulation
in the county where such project is proposed. Special notice
of hearings by the conspicuous posting of notice, in a
manner designed to attract public attention, in the vicinity of
areas identified for station locations or transfer sites shall
also be provided.
In order to increase the likelihood of future federal
funding, the project planning processes shall follow the
urban mass transportation administration’s requirements as
(2002 Ed.)
High-Capacity Transportation Systems
described in "Procedures and Technical Methods for Transit
Project Planning", published by the United States department
of transportation, urban mass transportation administration,
September 1986, or the most recent edition. Nothing in this
subsection shall be construed to preclude detailed evaluation
of more than one corridor in the planning process.
The department of transportation shall provide system
and project planning review and monitoring in cooperation
with the expert review panel identified in RCW 81.104.110.
In addition, the local transit agency shall maintain a continuous public involvement program and seek involvement of
other government agencies. [1992 c 101 § 23; 1991 sp.s. c
15 § 68; 1991 c 318 § 9; 1990 c 43 § 31.]
Construction—Severability—1991 sp.s. c 15: See note following
RCW 46.68.110.
81.104.110 Independent system plan oversight. The
legislature recognizes that the planning processes described
in RCW 81.104.100 provide a recognized framework for
guiding high capacity transportation studies. However, the
process cannot guarantee appropriate decisions unless key
study assumptions are reasonable.
To assure appropriate system plan assumptions and to
provide for review of system plan results, an expert review
panel shall be appointed to provide independent technical
review for development of any system plan which is to be
funded in whole or in part by the imposition of any voterapproved local option funding sources enumerated in RCW
81.104.140.
(1) The expert review panel shall consist of five to ten
members who are recognized experts in relevant fields, such
as transit operations, planning, emerging transportation
technologies, engineering, finance, law, the environment,
geography, economics, and political science.
(2) The expert review panel shall be selected cooperatively by the chair of the legislative transportation committee, the secretary of the department of transportation, and the
governor to assure a balance of disciplines. In the case of
counties adjoining another state or Canadian province the
expert review panel membership shall be selected cooperatively with representatives of the adjoining state or Canadian
province.
(3) The chair of the expert review panel shall be
designated by the appointing authorities.
(4) The expert review panel shall serve without compensation but shall be reimbursed for expenses according to
chapter 43.03 RCW.
(5) The panel shall carry out the duties set forth in
subsections (6) and (7) of this section until the date on
which an election is held to consider the high capacity
transportation system and financing plans. Funds appropriated for expenses of the expert panel shall be administered by
the department of transportation.
(6) The expert panel shall review all reports required in
RCW 81.104.100(2) and shall concentrate on service modes
and concepts, costs, patronage and financing evaluations.
(7) The expert panel shall provide timely reviews and
comments on individual reports and study conclusions to the
department of transportation, the regional transportation
planning organization, the joint regional policy committee,
and the submitting lead transit agency. In the case of counties adjoining another state or Canadian province, the expert
(2002 Ed.)
81.104.100
review panel shall provide its reviews, comments, and
conclusions to the representatives of the adjoining state or
Canadian province.
(8) The legislative transportation committee shall
contract for consulting services for expert review panels.
The amount of consultant support shall be negotiated with
each expert review panel by the legislative transportation
committee and shall be paid from appropriations for that
purpose from the high capacity transportation account.
[1998 c 245 § 165. Prior: 1991 c 318 § 10; 1991 c 309 §
3; 1990 c 43 § 32.]
81.104.115 Rail fixed guideway system—Safety and
security program plan. (1) The department may collect
and review the system safety and security program plan
prepared by each owner or operator of a rail fixed guideway
system. In carrying out this function, the department may
adopt rules specifying the elements and standard to be
contained in a system safety and security program plan, and
the content of any investigation report, corrective action
plan, and accompanying implementation schedule resulting
from a reportable accident, unacceptable hazardous condition, or security breach. These rules may include due dates
for the department’s timely receipt of and response to
required documents.
(2) The security section of the system safety and
security plan as described in subsection (1)(d) of RCW
35.21.228, 35A.21.300, 36.01.210, 36.57.120, 36.57A.170,
and 81.112.180 are exempt from public disclosure under
chapter 42.17 RCW by the department when collected from
the owners and operators of fixed railway systems. However, the activities and plans as described in subsection (1)(a),
(b), and (c) of RCW 35.21.228, 35A.21.300, 36.01.210,
36.57.120, 36.57A.170, and 81.112.180 are not exempt from
public disclosure.
(3) The department shall audit each system safety and
security program plan at least once every three years. The
department may contract with other persons or entities for
the performance of duties required by this subsection. The
department shall provide at least thirty days’ advance notice
to the owner or operator of a rail fixed guideway system
before commencing the audit. The owner or operator of
each rail fixed guideway system shall reimburse the reasonable expenses of the department in carrying out its responsibilities of this subsection within ninety days after receipt of
an invoice. The department shall notify the owner or
operator of the estimated expenses at least six months in
advance of when the department audits the system.
(4) In the event of a reportable accident, unacceptable
hazardous condition, or security breach, the department shall
review the investigation report, corrective action plan, and
accompanying implementation schedule, submitted by the
owner or operator of the rail fixed guideway system to
ensure that it meets the goal of preventing and mitigating a
recurrence of the reportable accident, unacceptable hazardous
condition, or security breach.
(a) The department may, at its option, perform a
separate, independent investigation of a reportable accident,
unacceptable hazardous condition, or security breach. The
department may contract with other persons or entities for
the performance of duties required by this subsection.
[Title 81 RCW—page 89]
81.104.115
Title 81 RCW: Transportation
(b) If the department does not concur with the investigation report, corrective action plan, and accompanying
implementation schedule, submitted by the owner or operator, the department shall notify that owner or operator in
writing within forty-five days of its receipt of the complete
investigation report, corrective action plan, and accompanying implementation schedule.
(5) The secretary may adopt rules to implement this
section and RCW 35.21.228, 35A.21.300, 36.01.210,
36.57.120, 36.57A.170, and 81.112.180, including rules
establishing procedures and timelines for owners and
operators of rail fixed guideway systems to comply with
RCW 35.21.228, 35A.21.300, 36.01.210, 36.57.120,
36.57A.170, and 81.112.180 and the rules adopted under this
section. If noncompliance by an owner or operator of a rail
fixed guideway system results in the loss of federal funds to
the state of Washington or a political subdivision of the
state, the owner or operator is liable to the affected entity or
entities for the amount of the lost funds.
(6) The department may impose sanctions upon owners
and operators of rail fixed guideway systems, but only for
failure to meet reasonable deadlines for submission of required reports and audits. The department is expressly
prohibited from imposing sanctions for any other purposes,
including, but not limited to, differences in format or content
of required reports and audits.
(7) The department and its employees have no liability
arising from the adoption of rules; the review of or concurrence in a system safety and security program plan; the
separate, independent investigation of a reportable accident,
unacceptable hazardous condition, or security breach; and the
review of or concurrence in a corrective action plan for a
reportable accident, unacceptable hazardous condition, or
security breach. [2001 c 127 § 1; 1999 c 202 § 7.]
Effective date—1999 c 202: See note following RCW 35.21.228.
81.104.120 Commuter rail service—Voter approval.
(1) Transit agencies and regional transit authorities may
operate or contract for commuter rail service where it is
deemed to be a reasonable alternative transit mode. A
reasonable alternative is one whose passenger costs per mile,
including costs of trackage, equipment, maintenance,
operations, and administration are equal to or less than
comparable bus, entrained bus, trolley, or personal rapid
transit systems.
(2) A county may use funds collected under RCW
81.100.030 or 81.100.060 to contract with one or more
transit agencies or regional transit authorities for planning,
operation, and maintenance of commuter rail projects which:
(a) Are consistent with the regional transportation plan; (b)
have met the project planning and oversight requirements of
RCW 81.104.100 and 81.104.110; and (c) have been approved by the voters within the service area of each transit
agency or regional transit authority participating in the
project. For transit agencies in counties adjoining state or
international boundaries where the high capacity transportation system plan and financing plan propose a bi-state or
international high capacity transportation system, such voter
approval shall be required from only those voters residing
within the service area in the state of Washington. The
[Title 81 RCW—page 90]
phrase "approved by the voters" includes specific funding
authorization for the commuter rail project.
(3) The utilities and transportation commission shall
maintain safety responsibility for passenger rail service
operating on freight rail lines. Agencies providing passenger
rail service on lines other than freight rail lines shall maintain safety responsibility for that service. [1993 c 428 § 2;
1992 c 101 § 24; 1990 c 43 § 33.]
81.104.130 Financial responsibility. Agencies
providing high capacity transportation service shall determine
optimal debt-to-equity ratios, establish capital and operations
allocations, and establish fare-box recovery return policy.
[1990 c 43 § 34.]
81.104.140 Dedicated funding sources. (1) Agencies
authorized to provide high capacity transportation service,
including transit agencies and regional transit authorities, and
regional transportation investment districts acting with the
agreement of an agency, are hereby granted dedicated funding sources for such systems. These dedicated funding
sources, as set forth in RCW 81.104.150, 81.104.160, and
81.104.170, are authorized only for agencies located in (a)
each county with a population of two hundred ten thousand
or more and (b) each county with a population of from one
hundred twenty-five thousand to less than two hundred ten
thousand except for those counties that do not border a
county with a population as described under (a) of this
subsection. In any county with a population of one million
or more or in any county having a population of four
hundred thousand or more bordering a county with a
population of one million or more, these funding sources
may be imposed only by a regional transit authority or a
regional transportation investment district. Regional transportation investment districts may, with the approval of the
regional transit authority within its boundaries, impose the
taxes authorized under this chapter, but only upon approval
of the voters and to the extent that the maximum amount of
taxes authorized under this chapter have not been imposed.
(2) Agencies planning to construct and operate a high
capacity transportation system should also seek other funds,
including federal, state, local, and private sector assistance.
(3) Funding sources should satisfy each of the following
criteria to the greatest extent possible:
(a) Acceptability;
(b) Ease of administration;
(c) Equity;
(d) Implementation feasibility;
(e) Revenue reliability; and
(f) Revenue yield.
(4) Agencies participating in regional high capacity
transportation system development are authorized to levy and
collect the following voter-approved local option funding
sources:
(a) Employer tax as provided in RCW 81.104.150, other
than by regional transportation investment districts;
(b) Special motor vehicle excise tax as provided in
RCW 81.104.160; and
(c) Sales and use tax as provided in RCW 81.104.170.
Revenues from these taxes may be used only to support
those purposes prescribed in subsection (10) of this section.
(2002 Ed.)
High-Capacity Transportation Systems
Before the date of an election authorizing an agency to
impose any of the taxes enumerated in this section and
authorized in RCW 81.104.150, 81.104.160, and 81.104.170,
the agency must comply with the process prescribed in RCW
81.104.100 (1) and (2) and 81.104.110. No construction on
exclusive right of way may occur before the requirements of
RCW 81.104.100(3) are met.
(5) Authorization in subsection (4) of this section shall
not adversely affect the funding authority of transit agencies
not provided for in this chapter. Local option funds may be
used to support implementation of interlocal agreements with
respect to the establishment of regional high capacity
transportation service. Except when a regional transit
authority exists, local jurisdictions shall retain control over
moneys generated within their boundaries, although funds
may be commingled with those generated in other areas for
planning, construction, and operation of high capacity
transportation systems as set forth in the agreements.
(6) Agencies planning to construct and operate high
capacity transportation systems may contract with the state
for collection and transference of voter-approved local option
revenue.
(7) Dedicated high capacity transportation funding
sources authorized in RCW 81.104.150, 81.104.160, and
81.104.170 shall be subject to voter approval by a simple
majority. A single ballot proposition may seek approval for
one or more of the authorized taxing sources. The ballot
title shall reference the document identified in subsection (8)
of this section.
(8) Agencies shall provide to the registered voters in the
area a document describing the systems plan and the
financing plan set forth in RCW 81.104.100. It shall also
describe the relationship of the system to regional issues
such as development density at station locations and activity
centers, and the interrelationship of the system to adopted
land use and transportation demand management goals
within the region. This document shall be provided to the
voters at least twenty days prior to the date of the election.
(9) For any election in which voter approval is sought
for a high capacity transportation system plan and financing
plan pursuant to RCW 81.104.040, a local voter’s pamphlet
shall be produced as provided in chapter 29.81A RCW.
(10) Agencies providing high capacity transportation
service shall retain responsibility for revenue encumbrance,
disbursement, and bonding. Funds may be used for any
purpose relating to planning, construction, and operation of
high capacity transportation systems and commuter rail
systems, personal rapid transit, busways, bus sets, and
entrained and linked buses. [2002 c 56 § 202; 1992 c 101
§ 25. Prior: 1991 c 318 § 11; 1991 c 309 § 4; (1991 c 363
§ 157 repealed by 1991 c 309 § 6); 1990 c 43 § 35.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
81.104.150 Employer tax. Cities that operate transit
systems, county transportation authorities, metropolitan
municipal corporations, public transportation benefit areas,
and regional transit authorities may submit an authorizing
proposition to the voters and if approved may impose an
excise tax of up to two dollars per month per employee on
all employers located within the agency’s jurisdiction,
measured by the number of full-time equivalent employees,
(2002 Ed.)
81.104.140
solely for the purpose of providing high capacity transportation service. The rate of tax shall be approved by the voters.
This tax may not be imposed by: (1) A transit agency when
the county within which it is located is imposing an excise
tax pursuant to RCW 81.100.030; or (2) a regional transit
authority when any county within the authority’s boundaries
is imposing an excise tax pursuant to RCW 81.100.030. The
agency imposing the tax authorized in this section may
provide for exemptions from the tax to such educational,
cultural, health, charitable, or religious organizations as it
deems appropriate. [1992 c 101 § 26; 1990 c 43 § 41.]
81.104.160 Motor vehicle excise tax—Sales and use
tax on car rentals. (1) Cities that operate transit systems,
county transportation authorities, metropolitan municipal
corporations, public transportation benefit areas, and regional
transit authorities may submit an authorizing proposition to
the voters, and if approved, may levy and collect an excise
tax, at a rate approved by the voters, but not exceeding
eighty one-hundredths of one percent on the value, under
chapter 82.44 RCW, of every motor vehicle owned by a
resident of the taxing district, solely for the purpose of
providing high capacity transportation service. In any county
imposing a motor vehicle excise tax surcharge pursuant to
RCW 81.100.060, the maximum tax rate under this section
shall be reduced to a rate equal to eighty one-hundredths of
one percent on the value less the equivalent motor vehicle
excise tax rate of the surcharge imposed pursuant to RCW
81.100.060. This rate shall not apply to vehicles licensed
under RCW 46.16.070 except vehicles with an unladen
weight of six thousand pounds or less, RCW 46.16.079,
46.16.085, or 46.16.090.
(2) An agency imposing a tax under subsection (1) of
this section may also impose a sales and use tax solely for
the purpose of providing high capacity transportation service,
in addition to the tax authorized by RCW 82.14.030, upon
retail car rentals within the agency’s jurisdiction that are
taxable by the state under chapters 82.08 and 82.12 RCW.
The rate of tax shall not exceed 2.172 percent. The rate of
tax imposed under this subsection shall bear the same ratio
to the 2.172 percent rate authorized that the rate imposed
under subsection (1) of this section bears to the rate authorized under subsection (1) of this section. The base of the
tax shall be the selling price in the case of a sales tax or the
rental value of the vehicle used in the case of a use tax. The
revenue collected under this subsection shall be used in the
same manner as excise taxes under subsection (1) of this
section. [1998 c 321 § 35 (Referendum Bill No. 49,
approved November 3, 1998). Prior: 1992 c 194 § 13; 1992
c 101 § 27; 1991 c 318 § 12; 1990 c 43 § 42.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Legislative intent—1992 c 194: See note following RCW 82.08.020.
Effective dates—1992 c 194: See note following RCW 46.04.466.
81.104.170 Sales and use tax. Cities that operate
transit systems, county transportation authorities, metropolitan municipal corporations, public transportation benefit
areas, and regional transit authorities may submit an autho[Title 81 RCW—page 91]
81.104.170
Title 81 RCW: Transportation
rizing proposition to the voters and if approved by a majority
of persons voting, fix and impose a sales and use tax in
accordance with the terms of this chapter, solely for the
purpose of providing high capacity transportation service.
The tax authorized pursuant to this section shall be in
addition to the tax authorized by RCW 82.14.030 and shall
be collected from those persons who are taxable by the state
pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the taxing district. The
maximum rate of such tax shall be approved by the voters
and shall not exceed one percent of the selling price (in the
case of a sales tax) or value of the article used (in the case
of a use tax). The maximum rate of such tax that may be
imposed shall not exceed nine-tenths of one percent in any
county that imposes a tax under RCW 82.14.340, or within
a regional transit authority if any county within the authority
imposes a tax under RCW 82.14.340. The exemptions in
RCW 82.08.820 and 82.12.820 are for the state portion of
the sales and use tax and do not extend to the tax authorized
in this section. [1997 c 450 § 5; 1992 c 101 § 28; 1990 2nd
ex.s. c 1 § 902; 1990 c 43 § 43.]
Findings—Intent—Report—Effective date—1997 c 450: See notes
following RCW 82.08.820.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Changes in tax law—Liability: RCW 82.08.064, 82.14.055, and 82.32.430.
Local retail sales and use taxes: Chapter 82.14 RCW.
Sales tax imposed—Retail sales—Retail car rental: RCW 82.08.020.
Use tax imposed: RCW 82.12.020.
81.104.180 Pledge of revenues for bond retirement.
Cities that operate transit systems, county transportation
authorities, metropolitan municipal corporations, public
transportation benefit areas, and regional transit authorities
are authorized to pledge revenues from the employer tax
authorized by RCW 81.104.150, the special motor vehicle
excise tax authorized by RCW 81.104.160, and the sales and
use tax authorized by RCW 81.104.170, to retire bonds
issued solely for the purpose of providing high capacity
transportation service. [1992 c 101 § 29; 1990 c 43 § 44.]
81.104.190 Contract for collection of taxes. Cities
that operate transit systems, county transportation authorities,
metropolitan municipal corporations, public transportation
benefit areas, and regional transit systems may contract with
the state department of revenue or other appropriate entities
for administration and collection of any tax authorized by
RCW 81.104.150, 81.104.160, and 81.104.170. [1992 c 101
§ 30; 1990 c 43 § 45.]
81.104.900 Construction—Severability—Headings—
1990 c 43. See notes following RCW 81.100.010.
81.104.901 Section headings not part of law—
Severability—Effective date—1992 c 101. See RCW
81.112.900 through 81.112.902.
[Title 81 RCW—page 92]
Chapter 81.108
LOW-LEVEL RADIOACTIVE WASTE SITES
Sections
81.108.010
81.108.020
81.108.030
81.108.040
81.108.050
81.108.060
81.108.070
81.108.080
81.108.090
81.108.100
81.108.110
81.108.900
81.108.901
Purpose.
Definitions.
Commission—Powers.
Rates—Initial determination—Fees.
Maximum rates—Revisions.
Contracted disposal rates.
Extraordinary volume adjustment.
Complaint—Hearing.
Revenue statement—Fees—Delinquent fee payments.
Exemptions—Monopolies—Hearings—Rates.
Competitive companies—Exemptions.
Construction.
Effective dates—1991 c 272.
81.108.010 Purpose. State and national policy directs
that the management of low-level radioactive waste be
accomplished by a system of interstate compacts and the
development of regional disposal sites. The Northwest
regional compact, comprised of the states of Alaska, Hawaii,
Idaho, Montana, Oregon, Utah, and Washington, has as its
disposal facility the low-level radioactive waste disposal site
located near Richland, Washington. This site is expected to
be the sole site for disposal of low-level radioactive waste
for compact members effective January 1, 1993. Future
closure of this site will require significant financial resources.
Low-level radioactive waste is generated by essential
activities and services that benefit the citizens of the state.
Washington state’s low-level radioactive waste disposal site
has been used by the nation and the Northwest compact as
a disposal site since 1965. The public has come to rely on
access to this site for disposal of low-level radioactive waste,
which requires separate handling from other solid and
hazardous wastes. The price of disposing of low-level
radioactive waste at the Washington state low-level radioactive waste disposal site is anticipated to increase when the
federal low-level radioactive waste policy amendments act of
1985 is implemented and waste generated outside the Northwest compact states is excluded.
When these events occur, to protect Washington and
other Northwest compact states’ businesses and services,
such as electrical production, medical and university research, and private industries, upon which the public relies,
there will be a need to regulate the rates charged by the
operator of Washington’s low-level radioactive waste
disposal site. This chapter is adopted pursuant to section 8,
chapter 21, Laws of 1990. [1991 c 272 § 1.]
81.108.020 Definitions. Definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Commission" means the Washington utilities and
transportation commission.
(2) "Effective rate" means the highest permissible rate,
calculated as the lowest contract rate plus an administrative
fee, if applicable, determined pursuant to RCW 81.108.040.
(3) "Extraordinary volume" means volumes of low-level
radioactive waste delivered to a site caused by nonrecurring
events, outside normal operations of a generator, that are in
(2002 Ed.)
Low-Level Radioactive Waste Sites
excess of twenty thousand cubic feet or twenty percent of
the preceding year’s total volume at such site, whichever is
less.
(4) "Extraordinary volume adjustment" means a mechanism that allocates the potential rate reduction benefits of an
extraordinary volume between all generators and the generator responsible for such extraordinary volume as described
in RCW 81.108.070.
(5) "Generator" means a person, partnership, association,
corporation, or any other entity whatsoever that, as a part of
its activities, produces low-level radioactive waste.
(6) "Inflation adjustment" means a mechanism that
adjusts the maximum disposal rate by a percentage equal to
the change in price levels in the preceding period, as
measured by a common, verifiable price index as determined
in RCW 81.108.040.
(7) "Initial rate proceeding" means the proceeding
described in RCW 81.108.040.
(8) "Maximum disposal rate" means the rate described
in RCW 81.108.050.
(9) "Site" means a location, structure, or property used
or to be used for the storage, treatment, or disposal of lowlevel radioactive waste for compensation within the state of
Washington.
(10) "Site operator" means a low-level radioactive waste
site operating company as defined in RCW 81.04.010.
(11) "Volume adjustment" means a mechanism that
adjusts the maximum disposal rate in response to material
changes in volumes of waste deposited at the site during the
preceding period so as to provide a level of total revenues
sufficient to recover the costs to operate and maintain the
site. [1991 c 272 § 2.]
81.108.030 Commission—Powers. (1) The commission shall have jurisdiction over the sites and site operators
as set forth in this chapter.
(2)(a) The commission shall establish rates to be
charged by site operators. In establishing the rates, the
commission shall assure that they are fair, just, reasonable,
and sufficient considering the value of the site operator’s
leasehold and license interests, the unique nature of its
business operations, the site operator’s liability associated
with the site, its investment incurred over the term of its
operations, and the rate of return equivalent to that earned by
comparable enterprises. The rates shall only take effect
following a finding that the site operator is a monopoly
pursuant to RCW 81.108.100.
(b) In exercising the power in this subsection the
commission may use any standard, formula, method, or
theory of valuation reasonably calculated to arrive at the
objective of prescribing and authorizing fair, just, reasonable,
and sufficient rates. The relation of site operator expenses
to site operator revenues may be deemed the proper test of
a reasonable return.
(3) In all respects in which the commission has power
and authority under this chapter, applications and complaints
may be made and filed with it, process issued, hearings held,
opinions, orders, and decisions made and filed, petitions for
rehearing filed and acted upon, and petitions for review to
the superior court filed therewith, appeals filed with the
appellate courts of this state, considered and disposed of by
(2002 Ed.)
81.108.020
said courts in the manner, under the conditions, and subject
to the limitations, and with the effect specified in this title
for public service companies generally.
(4) At any time after January 1, 1992, the commission
may: (a) Prescribe a system of accounts for site operators
using as a starting point the existing system used by site
operators; (b) audit the books of site operators; (c) obtain
books and records from site operators; (d) assess penalties;
and (e) require semiannual reports regarding the results of
operations for the site.
(5) The commission may adopt rules necessary to carry
out its functions under this chapter. [1991 c 272 § 4.]
81.108.040 Rates—Initial determination—Fees. (1)
On or before March 1, 1992, site operators shall file a
request with the commission to establish an initial maximum
disposal rate. The filing shall include, at a minimum, testimony, exhibits, workpapers, summaries, annual reports, cost
studies, proposed tariffs, and other documents as required by
the commission in rate cases generally under its jurisdiction.
(2) After receipt of a request, the commission shall set
the request for a hearing and require the site operator to
provide for notice to all known customers that ship or
deliver waste to the site. The proceedings before the
commission shall be conducted in accordance with chapter
34.05 RCW and rules of procedure established by the
commission.
(3) No later than January 1, 1993, the commission shall
establish the initial maximum disposal rates that may be
charged by site operators.
(4) In the initial rate proceeding the commission also
shall determine the factors necessary to calculate the inflation, volume, and extraordinary volume adjustments.
(5) The commission also shall determine the administrative fee, which shall be a percentage or an amount that
represents increased administrative costs associated with
acceptance of small volumes of waste by a site operator.
The administrative fee may be revised by the commission
from time to time upon its own motion or upon the petition
of an interested person.
(6) The rates specified in this section shall only take
effect following a finding that the site operator is a monopoly pursuant to RCW 81.108.100. [1991 c 272 § 5.]
81.108.050 Maximum rates—Revisions. (1) The
maximum disposal rates that a site operator may charge
generators shall be determined in accordance with this section. The rates shall include all charges for disposal services
at the site.
(2) Initially, the maximum disposal rates shall be the
initial rates established pursuant to RCW 81.108.040.
(3) Subsequently, the maximum disposal rates shall be
adjusted in January of each year to incorporate inflation and
volume adjustments. Such adjustments shall take effect
thirty days after filing with the commission unless the
commission authorizes that the adjustments take effect
earlier, or the commission contests the calculation of the
adjustments, in which case the commission may suspend the
filing. A site operator shall provide notice to its customers
concurrent with the filing.
[Title 81 RCW—page 93]
81.108.050
Title 81 RCW: Transportation
(4)(a) Subsequently, a site operator may also file for
revisions to the maximum disposal rates due to:
(i) Changes in any governmentally imposed fee, surcharge, or tax assessed on a volume or a gross revenue basis
against or collected by the site operator, including site
closure fees, perpetual care and maintenance fees, business
and occupation taxes, site surveillance fees, leasehold excise
taxes, commission regulatory fees, municipal taxes, and a tax
or payment in lieu of taxes authorized by the state to
compensate the county in which a site is located for that
county’s legitimate costs arising out of the presence of that
site within that county; or
(ii) Factors outside the control of the site operator such
as a material change in regulatory requirements regarding the
physical operation of the site.
(b) Revisions to the maximum disposal rate shall take
effect thirty days after filing with the commission unless the
commission suspends the filing or authorizes the proposed
adjustments to take effect earlier.
(5) Upon establishment of a contract rate pursuant to
RCW 81.108.060 for a disposal fee, the site operator may
not collect a disposal fee that is greater than the effective
rate. The effective rate shall be in effect so long as such
contract rate remains in effect. Adjustments to the maximum disposal rates may be made during the time an effective rate is in place. Contracts for disposal of extraordinary
volumes pursuant to RCW 81.108.070 shall not be considered in determining the effective rate.
(6) The site operator may petition the commission for
new maximum disposal rates at any time. Upon receipt of
such a petition, the commission shall set the matter for
hearing and shall issue an order within seven months of the
filing of the petition. The petition shall be accompanied by
the documents required to accompany the filing for initial
rates. The hearing on the petition shall be conducted in
accordance with the commission’s rules of practice and
procedure.
(7) This section shall only take effect following a
finding that the site operator is a monopoly pursuant to
RCW 81.108.100. [1997 c 243 § 1; 1991 c 272 § 6.]
81.108.060 Contracted disposal rates. (1) At any
time, a site operator may contract with any person to provide
a contract disposal rate lower than the maximum disposal
rate.
(2) A contract or contract amendment shall be submitted
to the commission for approval at least thirty days before its
effective date. The commission may approve the contract or
suspend the contract and set it for hearing. If the commission takes no action within thirty days of filing, the contract
or amendment shall go into effect according to its terms.
Each contract filing shall be accompanied with documentation to show that the contract does not result in discrimination between generators receiving like and contemporaneous
service under substantially similar circumstances and
provides for the recovery of all costs associated with the
provision of the service.
(3) This section shall only take effect following a
finding that the site operator is a monopoly pursuant to
RCW 81.108.100. [1991 c 272 § 7.]
[Title 81 RCW—page 94]
81.108.070 Extraordinary volume adjustment. (1)
In establishing the extraordinary volume adjustment, unless
the site operator and generator of the extraordinary volume
agree to a contract disposal rate, one-half of the extraordinary volume delivery shall be priced at the maximum
disposal rate and one-half shall be priced at the site
operator’s incremental cost to receive the delivery. Such
incremental cost shall be determined in the initial rate
proceeding.
(2) For purposes of the subsequent calculation of the
volume adjustment, one-half of the total extraordinary
volume shall be included in the calculation.
(3) This section shall only take effect following a
finding that the site operator is a monopoly pursuant to
RCW 81.108.100. [1991 c 272 § 8.]
81.108.080 Complaint—Hearing. (1) At any time,
the commission or an interested person may file a complaint
against a site operator alleging that the rates established
pursuant to RCW 81.108.040 or 81.108.050 are not in
conformity with the standards set forth in RCW 81.108.030
or that the site operator is otherwise not acting in conformity
with the requirements of this chapter. Upon filing of the
complaint, the commission shall cause a copy of the complaint to be served upon the site operator. The complaining
party shall have the burden of proving that the maximum
disposal rates determined pursuant to RCW 81.108.050 are
not just, fair, reasonable, or sufficient. The hearing shall
conform to the rules of practice and procedure of the
commission for other complaint cases.
(2) The commission shall encourage alternate forms of
dispute resolution to resolve disputes between a site operator
and any other person regarding matters covered by this
chapter. [1991 c 272 § 9.]
81.108.090 Revenue statement—Fees—Delinquent
fee payments. (1) A site operator shall, on or before May
1, 1992, and each year thereafter, file with the commission
a statement showing its gross operating revenue from
intrastate operations for the preceding calendar year, or
portion thereof, and pay to the commission a fee equal to
one percent of the amount of the gross operating revenue,
exclusive of site surveillance fees, perpetual care and
maintenance fees, site closure fees, and state or federally
imposed out-of-region surcharges.
(2) Fees collected under this chapter shall reasonably
approximate the cost of supervising and regulating site
operators. The commission may order a decrease in fees by
March 1st of any year in which it determines that the
moneys then in the radioactive waste disposal companies
account of the public service revolving fund and the fees
currently to be paid will exceed the reasonable cost of supervising and regulating site operators.
(3) Fees collected under this section or under any other
provision of this chapter shall be paid to the commission and
shall be transmitted to the state treasurer within thirty days
to be deposited to the credit of the public service revolving
fund.
(4) Any payment of a fee imposed by this chapter made
after its due date shall include a late fee of two percent of
the amount due. Delinquent fees shall accrue interest at the
(2002 Ed.)
Low-Level Radioactive Waste Sites
rate of one percent per month. [1994 c 83 § 5; 1991 c 272
§ 10.]
81.108.100 Exemptions—Monopolies—Hearings—
Rates. (1) A low-level waste disposal site operator is
exempt as specified in RCW 81.108.030(2)(a),
81.108.040(6), 81.108.050(7), 81.108.060(3), and
81.108.070(3) unless a monopoly situation exists with
respect to the site operated by such site operator. A monopoly situation exists if either of the following is present:
(a) No disposal facility is available to Northwest
compact generators of low-level radioactive waste other than
the site or sites operated by such site operator or its affiliates; or
(b) Disposal rates at other sites are not reasonable
alternatives for Northwest compact generators, considering:
Disposal rates at other facilities; current disposal rates
charged by the site operator; historic relationships between
the site operator’s rates and rates at other facilities; and
changes in the operator’s rates considering changes in waste
volumes, taxes, and fees. A monopoly situation does not
exist if either of the following facilities operates or is
projected to operate after December 31, 1992:
(i) Any existing low-level radioactive waste disposal site
outside the state of Washington, other than facilities operated
by affiliates of a site operator, provided that such site or
sites do not charge disposal rates that discriminate against
Northwest compact generators, except to the extent, through
December 31, 1994, such discrimination is authorized by
amendment of current federal law.
(ii) An existing facility within the Northwest compact
not receiving low-level radioactive waste offers to receive
such waste under substantially similar terms and conditions.
(2) The exemption shall be in effect until such time as
the commission finds, after notice and hearing, upon motion
by the commission or upon petition by any interested party,
that a monopoly situation exists or will exist as of January
1, 1993. The finding shall be based upon application of the
criteria set forth in this section. The commission may assess
a site operator for all of the commission’s costs of supervision and regulation prior to and relative to determining
whether the exemption applies to the site operator. If the
commission determines that a site operator is not subject to
the exemption, it shall collect its costs of supervision and
regulation under RCW 81.108.090.
(3) When an exemption is in effect, any increase in the
rates charged by the operator effective January 1, 1993, for
services other than the base rate for disposal of solid
material in packages of twelve cubic feet or less shall be no
more than the percentage increase in the base rate in effect
on January 1, 1993. [1991 c 272 § 11.]
81.108.110 Competitive companies—Exemptions.
(1) At any time after this chapter has been implemented with
respect to a site operator, such site operator may petition the
commission to be classified as competitive. The commission
may initiate classification proceedings on its own motion.
The commission shall enter its final order with respect to
classification within seven months from the date of filing of
a company’s petition or the commission’s motion.
(2) The commission shall classify a site operator as a
competitive company if the commission finds, after notice
and hearing, that the disposal services offered are subject to
competition because the company’s customers have reasonably available alternatives. In determining whether a
company is competitive, the commission’s consideration
shall include, but not be limited to:
(a) Whether the system of interstate compacts and
regional disposal sites established by federal law has been
implemented so that the Northwest compact site located near
Richland, Washington is the exclusive site option for
disposal by customers within the Northwest compact states;
(b) Whether waste generated outside the Northwest
compact states is excluded; and
(c) The ability of alternative disposal sites to make
functionally equivalent services readily available at competitive rates, terms, and conditions.
(3) The commission may reclassify a competitive site
operator if reclassification would protect the public interest
as set forth in this section.
(4) Competitive low-level radioactive waste disposal
companies shall be exempt from commission regulation and
fees during the time they are so classified. [1991 c 272 §
12.]
81.108.900 Construction. Nothing in this chapter
shall be construed to affect the jurisdiction of another state
agency. [1991 c 272 § 13.]
81.108.901 Effective dates—1991 c 272. (1) Sections
1 through 15 and 22 of this act are necessary for the
immediate preservation of the public peace, health, or safety,
or support of the state government and its existing public
institutions. Sections 1 through 14 and 22 of this act shall
take effect July 1, 1991, and section 15 of this act shall take
effect immediately [May 20, 1991].
(2) Sections 16 through 21 and 23 of this act shall take
effect January 1, 1993. [1991 c 272 § 24.]
Chapter 81.112
REGIONAL TRANSIT AUTHORITIES
(Formerly: Regional transportation authorities)
Sections
81.112.010
81.112.020
81.112.030
81.112.040
81.112.050
81.112.060
81.112.070
81.112.080
81.112.085
81.112.090
81.112.100
81.112.110
81.112.120
81.112.130
81.112.140
81.112.150
81.112.160
(2002 Ed.)
81.108.090
Findings—Intent.
Definitions.
Regional transit authority.
Board appointments—Voting—Expenses.
Area included—Elections—Expiration of subsection.
Powers.
General powers.
Additional powers—Acquisition of facilities—Disposal of
property—Rates, tolls, fares, charges.
Maintenance plan.
Agreements with operators of high capacity transportation
services.
Transfer of local government powers to authority.
Acquisition of existing system—Components.
Treasurer—Funds—Auditor—Bond.
General obligation bonds.
Revenue bonds.
Local improvement districts authorized—Special assessment
bonds.
County assessor’s duties.
[Title 81 RCW—page 95]
Chapter 81.112
Title 81 RCW: Transportation
81.112.170 Interim financing.
81.112.180 Rail fixed guideway system—Safety and security program
plan.
81.112.210 Fare payment—Fines and penalties established—
Enforcement.
81.112.220 Fare payment—Proof of payment—Civil infractions.
81.112.230 Fare payment—Prosecution for theft, trespass, or other
charges.
81.112.300 Sale and leaseback, similar transactions—Authorized.
81.112.310 Sale and leaseback—Conditions.
81.112.320 Sale and leaseback—Creation of public entity.
81.112.330 Sale and leaseback—Restrictions, requirements.
81.112.900 Section headings not part of law—1992 c 101.
81.112.901 Severability—1992 c 101.
81.112.902 Effective date—1992 c 101.
Additional powers: RCW 81.104.120.
Funding sources
employer taxes: RCW 81.104.150.
sales and use taxes: RCW 81.104.170.
vehicle taxes: RCW 81.104.160.
(1) "Authority" means a regional transit authority
authorized under this chapter.
(2) "Board" means the board of a regional transit
authority.
(3) "Service area" or "area" means the area included
within the boundaries of a regional transit authority.
(4) "System" means a regional transit system authorized
under this chapter and under the jurisdiction of a regional
transit authority.
(5) "Facilities" means any lands, interest in land, air
rights over lands, and improvements thereto including vessel
terminals, and any equipment, vehicles, vessels, and other
components necessary to support the system.
(6) "Proof of payment" means evidence of fare prepayment authorized by a regional transit authority for the use of
trains, including but not limited to commuter trains and light
rail trains. [1999 c 20 § 2; 1992 c 101 § 2.]
Purpose—Intent—1999 c 20: See note following RCW 81.112.210.
81.112.010 Findings—Intent. The legislature
recognizes that existing transportation facilities in the central
Puget Sound area are inadequate to address mobility needs
of the area. The geography of the region, travel demand
growth, and public resistance to new roadways combine to
further necessitate the rapid development of alternative
modes of travel.
The legislature finds that local governments have been
effective in cooperatively planning a multicounty, high
capacity transportation system. However, a continued
multijurisdictional approach to funding, construction, and
operation of a multicounty high capacity transportation
system may impair the successful implementation of such a
system.
The legislature finds that a single agency will be more
effective than several local jurisdictions working collectively
at planning, developing, operating, and funding a high
capacity transportation system. The single agency’s services
must be carefully integrated and coordinated with public
transportation services currently provided. As the single
agency’s services are established, any public transportation
services currently provided that are duplicative should be
eliminated. Further, the single agency must coordinate its
activities with other agencies providing local and state
roadway services, implementing comprehensive planning,
and implementing transportation demand management
programs and assist in developing infrastructure to support
high capacity systems including but not limited to feeder
systems, park and ride facilities, intermodal centers, and
related roadway and operational facilities. Coordination can
be best achieved through common governance, such as
integrated governing boards.
It is therefore the policy of the state of Washington to
empower counties in the state’s most populous region to
create a local agency for planning and implementing a high
capacity transportation system within that region. The
authorization for such an agency, except as specifically
provided in this chapter, is not intended to limit the powers
of existing transit agencies. [1992 c 101 § 1.]
81.112.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
[Title 81 RCW—page 96]
81.112.030 Regional transit authority. Two or more
contiguous counties each having a population of four
hundred thousand persons or more may establish a regional
transit authority to develop and operate a high capacity
transportation system as defined in chapter 81.104 RCW.
The authority shall be formed in the following manner:
(1) The joint regional policy committee created pursuant
to RCW 81.104.040 shall adopt a system and financing plan,
including the definition of the service area. This action shall
be completed by September 1, 1992, contingent upon
satisfactory completion of the planning process defined in
RCW 81.104.100. The final system plan shall be adopted no
later than June 30, 1993. In addition to the requirements of
RCW 81.104.100, the plan for the proposed system shall
provide explicitly for a minimum portion of new tax revenues to be allocated to local transit agencies for interim
express services. Upon adoption the joint regional policy
committee shall immediately transmit the plan to the county
legislative authorities within the adopted service area.
(2) The legislative authorities of the counties within the
service area shall decide by resolution whether to participate
in the authority. This action shall be completed within fortyfive days following receipt of the adopted plan or by August
13, 1993, whichever comes first.
(3) Each county that chooses to participate in the
authority shall appoint its board members as set forth in
RCW 81.112.040 and shall submit its list of members to the
secretary of the Washington state department of transportation. These actions must be completed within thirty days
following each county’s decision to participate in the
authority.
(4) The secretary shall call the first meeting of the
authority, to be held within thirty days following receipt of
the appointments. At its first meeting, the authority shall
elect officers and provide for the adoption of rules and other
operating procedures.
(5) The authority is formally constituted at its first
meeting and the board shall begin taking steps toward
implementation of the system and financing plan adopted by
the joint regional policy committee. If the joint regional
policy committee fails to adopt a plan by June 30, 1993, the
authority shall proceed to do so based on the work complet(2002 Ed.)
Regional Transit Authorities
ed by that date by the joint regional policy committee. Upon
formation of the authority, the joint regional policy committee shall cease to exist. The authority may make minor
modifications to the plan as deemed necessary and shall at
a minimum review local transit agencies’ plans to ensure
feeder service/high capacity transit service integration, ensure
fare integration, and ensure avoidance of parallel competitive
services. The authority shall also conduct a minimum thirtyday public comment period.
(6) If the authority determines that major modifications
to the plan are necessary before the initial ballot proposition
is submitted to the voters, the authority may make those
modifications with a favorable vote of two-thirds of the
entire membership. Any such modification shall be subject
to the review process set forth in RCW 81.104.110. The
modified plan shall be transmitted to the legislative authorities of the participating counties. The legislative authorities
shall have forty-five days following receipt to act by motion
or ordinance to confirm or rescind their continued participation in the authority.
(7) If any county opts to not participate in the authority,
but two or more contiguous counties do choose to continue
to participate, the authority’s board shall be revised accordingly. The authority shall, within forty-five days, redefine
the system and financing plan to reflect elimination of one
or more counties, and submit the redefined plan to the
legislative authorities of the remaining counties for their
decision as to whether to continue to participate. This action
shall be completed within forty-five days following receipt
of the redefined plan.
(8) The authority shall place on the ballot within two
years of the authority’s formation, a single ballot proposition
to authorize the imposition of taxes to support the implementation of an appropriate phase of the plan within its service
area. In addition to the system plan requirements contained
in RCW 81.104.100(2)(d), the system plan approved by the
authority’s board before the submittal of a proposition to the
voters shall contain an equity element which:
(a) Identifies revenues anticipated to be generated by
corridor and by county within the authority’s boundaries;
(b) Identifies the phasing of construction and operation
of high capacity system facilities, services, and benefits in
each corridor. Phasing decisions should give priority to
jurisdictions which have adopted transit-supportive land use
plans; and
(c) Identifies the degree to which revenues generated
within each county will benefit the residents of that county,
and identifies when such benefits will accrue.
A simple majority of those voting within the boundaries
of the authority is required for approval. If the vote is
affirmative, the authority shall begin implementation of the
projects identified in the proposition. However, the authority
may not submit any authorizing proposition for voter-approved taxes prior to July 1, 1993; nor may the authority
issue bonds or form any local improvement district prior to
July 1, 1993.
(9) If the vote on a proposition fails, the board may
redefine the proposition, make changes to the authority
boundaries, and make corresponding changes to the composition of the board. If the composition of the board is
changed, the participating counties shall revise the membership of the board accordingly. The board may then submit
(2002 Ed.)
81.112.030
the revised proposition or a different proposition to the
voters. No single proposition may be submitted to the voters
more than twice. The authority may place additional
propositions on the ballot to impose taxes to support additional phases of plan implementation.
If the authority is unable to achieve a positive vote on
a proposition within two years from the date of the first
election on a proposition, the board may, by resolution,
reconstitute the authority as a single-county body. With a
two-thirds vote of the entire membership of the voting members, the board may also dissolve the authority. [1994 c 44
§ 1; 1993 sp.s. c 23 § 62; 1992 c 101 § 3.]
Effective dates—1993 sp.s. c 23: See note following RCW
43.89.010.
81.112.040 Board appointments—Voting—
Expenses. (1) The regional transit authority shall be
governed by a board consisting of representatives appointed
by the county executive and confirmed by the council or
other legislative authority of each member county. Membership shall be based on population from that portion of each
county which lies within the service area. Board members
shall be appointed initially on the basis of one for each one
hundred forty-five thousand population within the county.
Such appointments shall be made following consultation with
city and town jurisdictions within the service area. In
addition, the secretary of transportation or the secretary’s
designee shall serve as a member of the board and may have
voting status with approval of a majority of the other
members of the board. Only board members, not including
alternates or designees, may cast votes.
Each member of the board, except the secretary of
transportation or the secretary’s designee, shall be:
(a) An elected official who serves on the legislative
authority of a city or as mayor of a city within the boundaries of the authority;
(b) On the legislative authority of the county, if fifty
percent of the population of the legislative official’s district
is within the authority boundaries; or
(c) A county executive from a member county within
the authority boundaries.
When making appointments, each county executive shall
ensure that representation on the board includes an elected
city official representing the largest city in each county and
assures proportional representation from other cities, and
representation from unincorporated areas of each county
within the service area. At least one-half of all appointees
from each county shall serve on the governing authority of
a public transportation system.
Members appointed from each county shall serve
staggered four-year terms. Vacancies shall be filled by
appointment for the remainder of the unexpired term of the
position being vacated.
The governing board shall be reconstituted, with regard
to the number of representatives from each county, on a
population basis, using the official office of financial
management population estimates, five years after its initial
formation and, at minimum, in the year following each
official federal census. The board membership may be
reduced, maintained, or expanded to reflect population
changes but under no circumstances may the board membership exceed twenty-five.
[Title 81 RCW—page 97]
81.112.040
Title 81 RCW: Transportation
(2) Major decisions of the authority shall require a
favorable vote of two-thirds of the entire membership of the
voting members. "Major decisions" include at least the
following: System plan adoption and amendment; system
phasing decisions; annual budget adoption; authorization of
annexations; modification of board composition; and executive director employment.
(3) Each member of the board is eligible to be reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060 and to receive compensation as
provided in RCW 43.03.250. [1994 c 109 § 1; 1992 c 101
§ 4.]
81.112.050 Area included—Elections—Expiration of
subsection. (1) At the time of formation, the area to be
included within the boundary of the authority shall be that
area set forth in the system plan adopted by the joint
regional policy committee. Prior to submitting the system
and financing plan to the voters, the authority may make
adjustments to the boundaries as deemed appropriate but
must assure that, to the extent possible, the boundaries: (a)
Include the largest-population urban growth area designated
by each county under chapter 36.70A RCW; and (b) follow
election precinct boundaries. If a portion of any city is
determined to be within the service area, the entire city must
be included within the boundaries of the authority.
(2) After voters within the authority boundaries have
approved the system and financing plan, elections to add
areas contiguous to the authority boundaries may be called
by resolution of the regional transit authority, after consultation with affected transit agencies and with the concurrence
of the legislative authority of the city or town if the area is
incorporated, or with the concurrence of the county legislative authority if the area is unincorporated. Only those areas
that would benefit from the services provided by the authority may be included and services or projects proposed for
the area must be consistent with the regional transportation
plan. The election may include a single ballot proposition
providing for annexation to the authority boundaries and
imposition of the taxes at rates already imposed within the
authority boundaries.
(3) Upon receipt of a resolution requesting exclusion
from the boundaries of the authority from a city whose
municipal boundaries cross the boundaries of an authority
and thereby result in only a portion of the city being subject
to local option taxes imposed by the authority under chapters
81.104 and 81.112 RCW in order to implement a highcapacity transit plan, and where the vote to approve the
city’s incorporation occurred simultaneously with an election
approving the local option taxes, then upon a two-thirds
majority vote of the governing board of the authority, the
governing board shall redraw the boundaries of the authority
to exclude that portion of the city that is located within the
authority’s boundaries, and the excluded area is no longer
subject to local option taxes imposed by the authority. This
subsection expires December 31, 1998. [1998 c 192 § 1;
1992 c 101 § 5.]
81.112.060 Powers. An authority shall have the
following powers:
[Title 81 RCW—page 98]
(1) To establish offices, departments, boards, and
commissions that are necessary to carry out the purposes of
the authority, and to prescribe the functions, powers, and
duties thereof.
(2) To appoint or provide for the appointment of, and to
remove or to provide for the removal of, all officers and
employees of the authority.
(3) To fix the salaries, wages, and other compensation
of all officers and employees of the authority.
(4) To employ such engineering, legal, financial, or
other specialized personnel as may be necessary to accomplish the purposes of the authority.
(5) To determine risks, hazards, and liabilities in order
to obtain insurance consistent with these determinations.
This insurance may include any types of insurance covering,
and for the benefit of, one or more parties with whom the
authority contracts for any purpose, and insurance for the
benefit of its board members, authority officers, and employees to insure against liability for acts or omissions while
performing or in good faith purporting to perform their
official duties. All insurance obtained for construction of
authority projects with a total project cost exceeding one
hundred million dollars may be acquired by bid or by
negotiation through December 31, 2006. In order to allow
the authority flexibility to secure appropriate insurance by
negotiation, the authority is exempt from RCW 48.30.270.
[2000 2nd sp.s. c 4 § 32; 1992 c 101 § 6.]
81.112.070 General powers. In addition to the
powers specifically granted by this chapter an authority shall
have all powers necessary to implement a high capacity
transportation system and to develop revenues for system
support. An authority may contract with the United States
or any agency thereof, any state or agency thereof, any
public transportation benefit area, any county, county
transportation authority, city, metropolitan municipal corporation, special district, or governmental agency, within or
without the state, and any private person, firm, or corporation for: (1) The purpose of receiving gifts or grants or
securing loans or advances for preliminary planning and
feasibility studies; (2) the design, construction, or operation
of high capacity transportation system facilities; or (3) the
provision or receipt of services, facilities, or property rights
to provide revenues for the system. An authority shall have
the power to contract pursuant to RCW 39.33.050. In
addition, an authority may contract with any governmental
agency or with any private person, firm, or corporation for
the use by either contracting party of all or any part of the
facilities, structures, lands, interests in lands, air rights over
lands and rights of way of all kinds which are owned,
leased, or held by the other party and for the purpose of
planning, constructing, or operating any facility or performing any service that the authority may be authorized to
operate or perform, on such terms as may be agreed upon by
the contracting parties. Before any contract for the lease or
operation of any authority facilities is let to any private
person, firm, or corporation, a general schedule of rental
rates for equipment with or without operators applicable to
all private certificated carriers shall be publicly posted, and
for other facilities competitive bids shall first be called upon
such notice, bidder qualifications, and bid conditions as the
(2002 Ed.)
Regional Transit Authorities
board shall determine. This shall allow use of negotiated
procurements. [1992 c 101 § 7.]
81.112.080 Additional powers—Acquisition of
facilities—Disposal of property—Rates, tolls, fares,
charges. An authority shall have the following powers in
addition to the general powers granted by this chapter:
(1) To carry out the planning processes set forth in
RCW 81.104.100;
(2) To acquire by purchase, condemnation, gift, or grant
and to lease, construct, add to, improve, replace, repair,
maintain, operate, and regulate the use of high capacity
transportation facilities and properties within authority
boundaries including surface, underground, or overhead
railways, tramways, busways, buses, bus sets, entrained and
linked buses, ferries, or other means of local transportation
except taxis, and including escalators, moving sidewalks,
personal rapid transit systems or other people-moving systems, passenger terminal and parking facilities and properties, and such other facilities and properties as may be
necessary for passenger, vehicular, and vessel access to and
from such people-moving systems, terminal and parking facilities and properties, together with all lands, rights of way,
property, equipment, and accessories necessary for such high
capacity transportation systems. When developing specifications for high capacity transportation system operating
equipment, an authority shall take into account efforts to
establish or sustain a domestic manufacturing capacity for
such equipment. The right of eminent domain shall be
exercised by an authority in the same manner and by the
same procedure as or may be provided by law for cities of
the first class, except insofar as such laws may be inconsistent with the provisions of this chapter. Public transportation
facilities and properties which are owned by any city,
county, county transportation authority, public transportation
benefit area, or metropolitan municipal corporation may be
acquired or used by an authority only with the consent of the
agency owning such facilities. Such agencies are hereby
authorized to convey or lease such facilities to an authority
or to contract for their joint use on such terms as may be
fixed by agreement between the agency and the authority.
The facilities and properties of an authority whose
vehicles will operate primarily within the rights of way of
public streets, roads, or highways, may be acquired, developed, and operated without the corridor and design hearings
that are required by *RCW 35.58.273 for mass transit
facilities operating on a separate right of way;
(3) To dispose of any real or personal property acquired
in connection with any authority function and that is no
longer required for the purposes of the authority, in the same
manner as provided for cities of the first class. When an
authority determines that a facility or any part thereof that
has been acquired from any public agency without compensation is no longer required for authority purposes, but is
required by the agency from which it was acquired, the
authority shall by resolution transfer it to such agency;
(4) To fix rates, tolls, fares, and charges for the use of
such facilities and to establish various routes and classes of
service. Fares or charges may be adjusted or eliminated for
any distinguishable class of users. [1992 c 101 § 8.]
81.112.070
81.112.085 Maintenance plan. (Effective if Referendum Bill No. 51 is approved at the November 2002 general
election.) As a condition of receiving state funding, a regional transit authority shall submit a maintenance and
preservation management plan for certification by the
transportation commission or its successor entity. The plan
must inventory all transportation system assets within the direction and control of the transit authority, and provide a
plan for preservation of assets based on lowest life cycle cost
methodologies. [2002 c 5 § 415.]
Contingency—2002 c 5 §§ 409-412, 415, and 416: See note
following RCW 35.84.060.
Finding—Intent—2002 c 5: See note following RCW 35.84.060.
Captions not law—Severability—2002 c 5: See notes following
RCW 47.01.012.
81.112.090 Agreements with operators of high
capacity transportation services. Except in accordance
with an agreement made as provided in this section, upon the
date an authority begins high capacity transportation service,
no person or private corporation may operate a high capacity
transportation service within the authority boundary with the
exception of services owned or operated by any corporation
or organization solely for the purposes of the corporation or
organization and for the use of which no fee or fare is
charged.
The authority and any person or corporation legally
operating a high capacity transportation service wholly
within or partly within and partly without the authority
boundary on the date an authority begins high capacity
transportation service may enter into an agreement under
which such person or corporation may continue to operate
such service or any part thereof for such time and upon such
terms and conditions as provided in such agreement. Such
agreement shall provide for a periodic review of the terms
and conditions contained therein. Where any such high capacity transportation service will be required to cease to
operate within the authority boundary, the authority may
agree with the owner of such service to purchase the assets
used in providing such service, or if no agreement can be
reached, an authority shall condemn such assets in the
manner and by the same procedure as is or may be provided
by law for the condemnation of other properties for cities of
the first class, except insofar as such laws may be inconsistent with this chapter.
Wherever a privately owned public carrier operates
wholly or partly within an authority boundary, the Washington utilities and transportation commission shall continue to
exercise jurisdiction over such operation as provided by law.
[1992 c 101 § 9.]
81.112.100 Transfer of local government powers to
authority. An authority shall have and exercise all rights
with respect to the construction, acquisition, maintenance,
operation, extension, alteration, repair, control and management of high capacity transportation system facilities that are
identified in the system plan developed pursuant to RCW
81.104.100 that any city, county, county transportation
authority, metropolitan municipal corporation, or public
transportation benefit area within the authority boundary has
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
(2002 Ed.)
[Title 81 RCW—page 99]
81.112.100
Title 81 RCW: Transportation
been previously empowered to exercise and such powers
shall not thereafter be exercised by such agencies without the
consent of the authority. Nothing in this chapter shall
restrict development, construction, or operation of a personal
rapid transit system by a city or county.
An authority may adopt, in whole or in part, and may
complete, modify, or terminate any planning, environmental
review, or procurement processes related to the high capacity
transportation system that had been commenced by a joint
regional policy committee or a city, county, county transportation authority, metropolitan municipality, or public transportation benefit area prior to the formation of the authority.
[1992 c 101 § 10.]
81.112.110 Acquisition of existing system—
Components. If an authority acquires any existing components of a high capacity transportation system, it shall
assume and observe all existing labor contracts relating to
the transportation system and, to the extent necessary for
operation of facilities, all of the employees of such acquired
transportation system whose duties are necessary to operate
efficiently the facilities acquired shall be appointed to
comparable positions to those which they held at the time of
such transfer, and no employee or retired or pensioned
employee of such transportation systems shall be placed in
any worse position with respect to pension seniority, wages,
sick leave, vacation or other benefits that he or she enjoyed
as an employee of the transportation system prior to such
acquisition. At such times as may be required by such
contracts, the authority shall engage in collective bargaining
with the duly appointed representatives of any employee
labor organization having existing contracts with the acquired transportation system and may enter into labor
contracts with such employee labor organization. Facilities
and equipment which are acquired after July 1, 1993, related
to high capacity transportation services which are to be
assumed by the authority as specifically identified in the
adopted system plan shall be acquired by the authority in a
manner consistent with RCW 81.112.070 through
81.112.100. [1992 c 101 § 11.]
81.112.120 Treasurer—Funds—Auditor—Bond.
The board of an authority, by resolution, shall designate a
person having experience in financial or fiscal matters as
treasurer of the authority. The board may designate, with
the concurrence of the treasurer, the treasurer of a county
within which the authority is located. Such a treasurer shall
possess all of the powers, responsibilities, and duties the
county treasurer possesses for a public transportation benefit
area authority related to investing surplus authority funds.
The board shall require a bond with a surety company
authorized to do business in the state of Washington in an
amount and under the terms and conditions the board, by
resolution, from time to time finds will protect the authority
against loss. The premium on any such bond shall be paid
by the authority.
All authority funds shall be paid to the treasurer and
shall be disbursed by the treasurer only on warrants issued
by the authority upon orders or vouchers approved by the
board.
[Title 81 RCW—page 100]
The treasurer shall establish a special fund, into which
shall be paid all authority funds, and the treasurer shall
maintain such special accounts as may be created by the
authority into which shall be placed all money as the board
may, by resolution, direct.
If the treasurer of the authority is the treasurer of a
county, all authority funds shall be deposited with the county
depositary under the same restrictions, contracts, and security
as provided for county depositaries. If the treasurer of the
authority is some other person, all funds shall be deposited
in such bank or banks authorized to do business in this state
that have qualified for insured deposits under any federal
deposit insurance act as the board, by resolution, shall
designate.
The authority may by resolution designate a person
having experience in financial or fiscal matters, as the
auditor of the authority. Such auditor shall possess all of the
powers, responsibilities, and duties related to creating and
maintaining funds, issuing warrants, and maintaining a
record of receipts and disbursements.
The board may provide and require a reasonable bond
of any other person handling moneys or securities of the
authority, but the authority shall pay the premium on the
bond. [1992 c 101 § 12.]
81.112.130 General obligation bonds. Notwithstanding RCW 39.36.020(1), an authority may at any time
contract indebtedness or borrow money for authority purposes and may issue general obligation bonds in an amount not
exceeding, together with any existing indebtedness of the
authority not authorized by the voters, one and one-half
percent of the value of the taxable property within the
boundaries of the authority; and with the assent of threefifths of the voters therein voting at an election called for
that purpose, may contract indebtedness or borrow money
for authority purposes and may issue general obligation
bonds therefor, provided the total indebtedness of the
authority shall not exceed five percent of the value of the
taxable property therein. Such bonds shall be issued and
sold in accordance with chapter 39.46 RCW.
The term "value of the taxable property" shall have the
meaning set forth in RCW 39.36.015. [1992 c 101 § 13.]
81.112.140 Revenue bonds. (1) An authority may
issue revenue bonds to provide funds to carry out its
authorized functions without submitting the matter to the
voters of the authority. The authority shall create a special
fund or funds for the sole purpose of paying the principal of
and interest on the bonds of each such issue, into which fund
or funds the authority may obligate itself to pay such
amounts of the gross revenue of the high capacity transportation system constructed, acquired, improved, added to, or
repaired out of the proceeds of sale of such bonds, as the
authority shall determine and may obligate the authority to
pay such amounts out of otherwise unpledged revenue that
may be derived from the ownership, use, or operation of
properties or facilities owned, used, or operated incident to
the performance of the authorized function for which such
bonds are issued or out of otherwise unpledged fees, tolls,
charges, tariffs, fares, rentals, special taxes, or other sources
of payment lawfully authorized for such purpose, as the
(2002 Ed.)
Regional Transit Authorities
authority shall determine. The principal of, and interest on,
such bonds shall be payable only out of such special fund or
funds, and the owners of such bonds shall have a lien and
charge against the gross revenue of such high capacity
transportation system or any other revenue, fees, tolls,
charges, tariffs, fares, special taxes, or other authorized
sources pledged to the payment of such bonds.
Such revenue bonds and the interest thereon issued
against such fund or funds shall be a valid claim of the
owners thereof only as against such fund or funds and the
revenue pledged therefor, and shall not constitute a general
indebtedness of the authority.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1992 c 101 § 14.]
81.112.150 Local improvement districts authorized—Special assessment bonds. (1) An authority may
form a local improvement district to provide any transportation improvement it has the authority to provide, impose
special assessments on all property specially benefited by the
transportation improvements, and issue special assessment
bonds or revenue bonds to fund the costs of the transportation improvement. Local improvement districts shall be
created and assessments shall be made and collected pursuant to chapters 35.43, 35.44, 35.49, 35.50, 35.51, 35.53, and
35.54 RCW.
(2) The board shall by resolution establish for each
special assessment bond issue the amount, date, terms,
conditions, denominations, maximum fixed or variable
interest rate or rates, maturity or maturities, redemption
rights, registration privileges, if any, covenants, and form,
including registration as to principal and interest, registration
as to principal only, or bearer. Registration may include, but
not be limited to: (a) A book entry system of recording the
ownership of a bond whether or not physical bonds are
issued; or (b) recording the ownership of a bond together
with the requirement that the transfer of ownership may only
be effected by the surrender of the old bond and either the
reissuance of the old bond or the issuance of a new bond to
the new owner. Facsimile signatures may be used on the
bonds and any coupons. The maximum term of any special
assessment bonds shall not exceed thirty years beyond the
date of issue. Special assessment bonds issued pursuant to
this section shall not be an indebtedness of the authority
issuing the bonds, and the interest and principal on the bonds
shall only be payable from special assessments made for the
improvement for which the bonds were issued and any local
improvement guaranty fund that the authority has created.
The owner or bearer of a special assessment bond or any
interest coupon issued pursuant to this section shall not have
any claim against the authority arising from the bond or
coupon except for the payment from special assessments
made for the improvement for which the bonds were issued
and any local improvement guaranty fund the authority has
created. The authority issuing the special assessment bonds
is not liable to the owner or bearer of any special assessment
bond or any interest coupon issued pursuant to this section
for any loss occurring in the lawful operation of its local
improvement guaranty fund. The substance of the limitations included in this subsection shall be plainly printed,
(2002 Ed.)
81.112.140
written, or engraved on each special assessment bond issued
pursuant to this section.
(3) Assessments shall reflect any credits given by the
authority for real property or property right donations made
pursuant to RCW 47.14.030.
(4) The board may establish and pay moneys into a
local improvement guaranty fund to guarantee special
assessment bonds issued by the authority. [1992 c 101 §
15.]
81.112.160 County assessor’s duties. It shall be the
duty of the assessor of each component county to certify
annually to a regional transit authority the aggregate assessed
valuation of all taxable property within the boundaries of the
authority as the same appears from the last assessment roll
of the county. [1992 c 101 § 16.]
81.112.170 Interim financing. A regional transit
authority may apply for high capacity transportation account
funds and for central Puget Sound account funds for high
capacity transit planning and system development.
Transit agencies contained wholly or partly within a
regional transit authority may make grants or loans to the
authority for high capacity transportation planning and
system development. [1992 c 101 § 17.]
81.112.180 Rail fixed guideway system—Safety and
security program plan. (1) Each regional transit authority
that owns or operates a rail fixed guideway system as
defined in RCW 81.104.015 shall submit a system safety and
security program plan for that guideway to the state department of transportation by September 1, 1999, or at least
three months before beginning operations or instituting
revisions to its plan. This plan must describe the authority’s
procedures for (a) reporting and investigating reportable
accidents, unacceptable hazardous conditions, and security
breaches, (b) submitting corrective action plans and annual
safety and security audit reports, (c) facilitating on-site safety
and security reviews by the state department of transportation, and (d) addressing passenger and employee security.
The plan must, at a minimum, conform to the standards
adopted by the state department of transportation. If
required by the department, the regional transit authority
shall revise its plan to incorporate the department’s review
comments within sixty days after their receipt, and resubmit
its revised plan for review.
(2) Each regional transit authority shall implement and
comply with its system safety and security program plan.
The regional transit authority shall perform internal safety
and security audits to evaluate its compliance with the plan,
and submit its audit schedule to the department of transportation no later than December 15th each year. The regional
transit authority shall prepare an annual report for its internal
safety and security audits undertaken in the prior year and
submit it to the department no later than February 15th.
This annual report must include the dates the audits were
conducted, the scope of the audit activity, the audit findings
and recommendations, the status of any corrective actions
taken as a result of the audit activity, and the results of each
audit in terms of the adequacy and effectiveness of the plan.
[Title 81 RCW—page 101]
81.112.180
Title 81 RCW: Transportation
(3) Each regional transit authority shall notify the
department of transportation within twenty-four hours of an
occurrence of a reportable accident, unacceptable hazardous
condition, or security breach. The department may adopt
rules further defining a reportable accident, unacceptable
hazardous condition, or security breach. The regional transit
authority shall investigate all reportable accidents, unacceptable hazardous conditions, or security breaches and provide
a written investigation report to the department within fortyfive calendar days after the reportable accident, unacceptable
hazardous condition, or security breach.
(4) The security section of the safety and security plan
required in subsection (1)(d) of this section is exempt from
public disclosure under chapter 42.17 RCW. However, the
activities and plans as described in subsections (1)(a), (b),
and (c), (2), and (3) of this section are not subject to this
exemption. [1999 c 202 § 6.]
Effective date—1999 c 202: See note following RCW 35.21.228.
81.112.210 Fare payment—Fines and penalties
established—Enforcement. (1) An authority is authorized
to establish, by resolution, a schedule of fines and penalties
for civil infractions established in RCW 81.112.220. Fines
established by a regional transit authority shall not exceed
those imposed for class 1 infractions under RCW 7.80.120.
(2)(a) A regional transit authority may designate persons
to monitor fare payment who are equivalent to and are
authorized to exercise all the powers of an enforcement
officer, defined in RCW 7.80.040. An authority is authorized to employ personnel to either monitor fare payment, or
to contract for such services, or both.
(b) In addition to the specific powers granted to enforcement officers under RCW 7.80.050 and 7.80.060, persons
designated to monitor fare payment also have the authority
to take the following actions:
(i) Request proof of payment from passengers;
(ii) Request personal identification from a passenger
who does not produce proof of payment when requested;
(iii) Issue a citation conforming to the requirements
established in RCW 7.80.070; and
(iv) Request that a passenger leave the regional transit
authority train, including but not limited to commuter trains
and light rail trains, when the passenger has not produced
proof of payment after being asked to do so by a person
designated to monitor fare payment.
(3) Regional transit authorities shall keep records of
citations in the manner prescribed by RCW 7.80.150. All
civil infractions established by chapter 20, Laws of 1999
shall be heard and determined by a district court as provided
in RCW 7.80.010 (1) and (4). [1999 c 20 § 3.]
Purpose—Intent—1999 c 20: "The purpose of this act is to facilitate
ease of boarding of commuter trains and light rail trains operated by
regional transit authorities by allowing for barrier free entry ways. This act
provides regional transit authorities with the power to require proof of
payment; to set a schedule of fines and penalties not to exceed those
classified as class 1 infractions under RCW 7.80.120; to employ individuals
to monitor fare payment or contract for such services; to issue citations for
fare nonpayment or related activities; and to keep records regarding citations
issued for the purpose of tracking violations and issuing citations consistent
with established schedules. This act is intended to be consistent with and
implemented pursuant to chapter 7.80 RCW with regard to civil infractions,
the issuance of citations, and the maintenance of citation records." [1999
c 20 § 1.]
[Title 81 RCW—page 102]
81.112.220 Fare payment—Proof of payment—Civil
infractions. (1) Persons traveling on trains, including but
not limited to commuter trains or light rail trains, operated
by an authority, shall pay the fare established by the authority. Such persons shall produce proof of payment when
requested by a person designated to monitor fare payment.
(2) The following constitute civil infractions punishable
according to the schedule of fines and penalties established
by the authority under RCW 81.112.210(1):
(a) Failure to pay the required fare;
(b) Failure to display proof of payment when requested
to do so by a person designated to monitor fare payment;
and
(c) Failure to depart the train, including but not limited
to commuter trains and light rail trains, when requested to do
so by a person designated to monitor fare payment. [1999
c 20 § 4.]
Purpose—Intent—1999 c 20: See note following RCW 81.112.210.
81.112.230 Fare payment—Prosecution for theft,
trespass, or other charges. Nothing in RCW 81.112.020
and 81.112.210 through 81.112.230 shall be deemed to prevent law enforcement authorities from prosecuting for theft,
trespass, or other charges by any individual who:
(1) Fails to pay the required fare on more than one
occasion within a twelve-month period;
(2) Fails to sign a notice of civil infraction; or
(3) Fails to depart the train, including but not limited to
commuter trains and light rail trains, when requested to do
so by a person designated to monitor fare payment. [1999
c 20 § 5.]
Purpose—Intent—1999 c 20: See note following RCW 81.112.210.
81.112.300 Sale and leaseback, similar transactions—Authorized. (1) In order to enable regional transit
authorities to acquire or finance equipment or facilities, or
reduce the cost of equipment or facilities, regional transit
authorities may enter into sale and leaseback, leaseout and
leaseback, and other similar transactions with respect to
equipment, facilities, and other real and personal property.
In connection with any such transaction, a regional transit
authority may execute, as it considers appropriate, contracts,
agreements, notes, security agreements, conveyances, bills of
sale, deeds, leases as lessee or lessor, and currency hedges,
defeasance arrangements, interest rate, currency or other
swap transactions, one or more payment undertaking
agreements, and agreements relating to foreign and domestic
currency. These agreements or instruments must have terms,
maturities, durations, provisions as to governing laws, grants
of security interests, and other provisions that are approved
by the board of the regional transit authority.
(2) "Payment undertaking agreement" means one or
more agreements, undertakings or arrangements under which
all or a portion of the funds generated by a sale and
leaseback, leaseout and leaseback, or other similar transaction are directed or paid over to a financial institution,
insurance company, or other entity that agrees to meet or
fulfill, in consideration for the funds, some or all of the
obligations of the regional transit authority, or any public
corporation or other entity created under RCW 81.112.320,
(2002 Ed.)
Regional Transit Authorities
to make future rent, debt service, or purchase price installment payments in connection with the transaction. [2000
2nd sp.s. c 4 § 18.]
Findings—2000 2nd sp.s. c 4 §§ 18-30: "The legislature finds that
additional funds or other benefits can be made available to Washington
regional transit authorities by facilitating their entry into sale and leaseback,
leaseout and leaseback, and similar transactions that provide to private
parties, in consideration for the funds or other benefits obtained by the
regional transit authorities, tax benefits that are not otherwise available to
regional transit authorities. The legislature further finds that such transactions have been encouraged by agencies of the federal government as ways
to provide additional funds for public facilities. To facilitate such
transactions for regional transit authorities, the legislature has determined
that while regional transit authorities may currently have the necessary
statutory authority and may currently enjoy exemptions from Washington
state taxes for such transactions, an explicit statement of statutory authority
and exemption from Washington state taxes is necessary and helpful for the
parties to such transactions. In recognition of the complexity of such
transactions, the legislature desires that the authority and exemptions
provided by RCW 81.112.300, 81.112.310, 81.112.320, 82.08.834,
82.12.834, 82.04.050, 82.04.4201, 82.29A.134, 82.45.010, 84.36.605,
35.21.756, 35.21.755, and 81.112.330 be subject to certain limitations and
be granted for a period as specified in RCW 81.112.330." [2000 2nd sp.s.
c 4 § 17.]
Construction—2000 2nd sp.s. c 4 §§ 18-30: "The authority granted
by RCW 81.112.300, 81.112.310, 81.112.320, 82.08.834, 82.12.834,
82.04.050, 82.04.4201, 82.29A.134, 82.45.010, 84.36.605, 35.21.756,
35.21.755, and 81.112.330 is in addition and supplemental to any authority
previously granted and does not limit nor is limited by any other powers or
authority previously granted to regional transit authorities or any public
corporation, or restrictions on such powers or authority. Nothing in RCW
81.112.300, 81.112.310, 81.112.320, 82.08.834, 82.12.834, 82.04.050,
82.04.4201, 82.29A.134, 82.45.010, 84.36.605, 35.21.756, 35.21.755, and
81.112.330 limits other statutory authority previously granted to regional
transit authorities or public corporations or other tax exemptions granted to
regional transit authorities or public corporations. Nothing in RCW
81.112.300, 81.112.310, 81.112.320, 82.08.834, 82.12.834, 82.04.050,
82.04.4201, 82.29A.134, 82.45.010, 84.36.605, 35.21.756, 35.21.755, and
81.112.330 limits the authority of the state, any political subdivision thereof,
or any other public or municipal corporation to undertake the activities
described in RCW 81.112.300, 81.112.310, 81.112.320, 82.08.834,
82.12.834, 82.04.050, 82.04.4201, 82.29A.134, 82.45.010, 84.36.605,
35.21.756, 35.21.755, and 81.112.330 as expressly or impliedly authorized
by other provisions of law. Nothing in RCW 81.112.300, 81.112.310,
81.112.320, 82.08.834, 82.12.834, 82.04.050, 82.04.4201, 82.29A.134,
82.45.010, 84.36.605, 35.21.756, 35.21.755, and 81.112.330 is an authorization to provide indemnification to the extent the indemnification is
prohibited or restricted by other provisions of law or the Constitution of the
state of Washington." [2000 2nd sp.s. c 4 § 31.]
81.112.310 Sale and leaseback—Conditions.
Transactions undertaken under RCW 81.112.300 are subject
to the following conditions:
(1) The financial institution, insurance company, or
other entity that enters into a payment undertaking agreement
with the regional transit authority or public development
corporation or entity created under RCW 81.112.320 as a
counterparty must have a rating from at least two nationally
recognized credit rating agencies, as of the date of execution
of the payment undertaking agreement, that is within the two
highest long-term investment grade rating categories, without
regard to subcategories, or the obligations of the counterparty
must be guaranteed by a financial institution, insurance
company, or other entity with that credit rating. The
payment undertaking agreement must require that the
obligations of the counterparty or the guarantor, as the case
may be, must be collateralized by collateral of a type and in
an amount specified by the governing body of the regional
(2002 Ed.)
81.112.300
transit authority if the credit ratings of the counterparty or its
guarantor fall below the level required by this subsection.
(2) The amount to be paid by the counterparties under
payment undertaking agreements for a transaction under the
terms of the agreements, when combined with the amount of
securities, deposits, and investments set aside by the regional
transit authority for payment in respect of the transactions,
together with interest or other earnings on the securities,
deposits, or investments, must be sufficient to pay when due
all amounts required to be paid by the regional transit
authority, or public corporation or entity created under RCW
81.112.320, as rent, debt service, or installments of purchase
price, as the case may be, over the full term of the transaction plus any optional purchase price due under the transaction. A certification by an independent financial expert,
banker, or certified public accountant, who is not an employee of the regional transit authority or public corporation or
entity created under RCW 81.112.320, certifying compliance
with this requirement is conclusive evidence that the arrangements, by their terms, comply with the requirement under
this subsection on the sufficiency of the amount.
(3) The payment undertaking agreements, and all other
basic and material agreements entered into in connection
with the transactions, must specify that the parties to the
agreements consent to the jurisdiction of state courts of
Washington for disputes arising out of the agreements and
agree not to contest venue before such courts. Regardless of
the choice of law specified in the foregoing agreements, the
agreements must acknowledge that the regional transit
authority or public development corporation or entity created
under RCW 81.112.320 that is a party to the agreements is
an entity created under the laws of the state of Washington
whose power and authority and limitations and restrictions
on the power and authority are governed by the laws of the
state of Washington.
Payment undertaking agreements that meet the foregoing
requirement must be treated for all relevant purposes as
agreements under which future services are performed for a
present payment and shall not be treated as payment agreements within the meaning of chapter 39.96 RCW. [2000
2nd sp.s. c 4 § 19.]
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
81.112.320 Sale and leaseback—Creation of public
entity. To accomplish any of the activities under RCW
81.112.300, a regional transit authority may create a public
corporation, commission, or authority under RCW 35.21.730
through 35.21.755, and authorize the corporation, commission, or authority to provide any of the facilities and services
that a regional transit authority may provide including any
activities under RCW 81.112.300. A regional transit
authority has all the powers, authorities, and rights granted
to any city, town, or county or their agents under RCW
35.21.730 through 35.21.755 for the purposes of entering
into and implementing transactions under RCW 81.112.300.
[2000 2nd sp.s. c 4 § 20.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3, 20: See note following
RCW 82.08.020.
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
[Title 81 RCW—page 103]
81.112.330
Title 81 RCW: Transportation
81.112.330 Sale and leaseback—Restrictions,
requirements. (1) Except as provided in subsection (3) of
this section, no regional transit authority may initiate a
transaction authorized under RCW 81.112.300 after June 30,
2007.
(2) The termination of authority to enter into transactions after June 30, 2007, does not affect the validity of any
transactions entered into under RCW 81.112.300.
(3) A regional transit authority may enter into a transaction in accordance with RCW 81.112.300 after June 30,
2007, to replace or refinance a transaction that relates to
specific obligations entered into on or before that date and
that has terminated, or is, under the terms of the replacement
or refinance, to terminate, before the final stated term of that
transaction. The exemptions from taxes provided by RCW
82.08.834, 82.12.834, 82.04.4201, 82.29A.134, 82.36.605
[84.36.605], 35.21.756, 82.04.050, 82.45.010, and 35.21.755
apply to the replacement or refinance transactions.
(4) A regional transit authority, or public corporation or
entity created under RCW 81.112.320, that undertakes a
transaction authorized by RCW 81.112.300, shall provide to
the state finance committee, or its financial advisor, at the
state finance committee’s discretion, a copy of all material
agreements executed in connection with the transaction
within three months of the closing of the transaction and
shall make a report to the state finance committee, the
president of the senate, and the speaker of the house of
representatives on transactions authorized by RCW
81.112.300. The report must include the amount of the
transactions, the expected savings or losses resulting from
the transactions, the transaction costs, including fees and
detailed pricing information, the risks associated with the
transaction, and any other information the regional transit
authority determines relevant. The report must be submitted
within six months of the closing of each transaction. [2000
2nd sp.s. c 4 § 30.]
81.900.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
[1961 c 14 § 81.98.010. Formerly RCW 81.98.010.]
81.900.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1961 c 14 § 81.98.020. Formerly
RCW 81.98.020.]
81.900.030 Invalidity of part of title not to affect
remainder. If any provision of this title, or its application
to any person or circumstance is held invalid, the remainder
of the title, or the application of the provision to other
persons or circumstances is not affected. [1961 c 14 §
81.98.030. Formerly RCW 81.98.030.]
81.900.040 Repeals and saving. See 1961 c 14 §
81.98.040. Formerly RCW 81.98.040.
81.900.050 Emergency—1961 c 14. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1961 c 14 § 81.98.050. Formerly RCW 81.98.050.]
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
81.112.900 Section headings not part of law—1992
c 101. Section headings as used in this act do not constitute
any part of the law. [1992 c 101 § 33.]
81.112.901 Severability—1992 c 101. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1992 c 101 § 34.]
81.112.902 Effective date—1992 c 101. This act
shall take effect July 1, 1992. [1992 c 101 § 35.]
Chapter 81.900
CONSTRUCTION
Sections
81.900.010
81.900.020
81.900.030
81.900.040
81.900.050
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
Emergency—1961 c 14.
[Title 81 RCW—page 104]
(2002 Ed.)
Title 82
EXCISE TAXES
Chapters
82.01
82.02
82.03
82.04
82.08
82.12
82.14
82.14A
82.14B
82.16
82.18
82.19
82.21
82.23A
82.23B
82.24
82.26
82.27
82.29A
82.32
82.32A
82.33
82.33A
82.34
82.35
82.36
82.38
82.41
82.42
82.44
82.45
82.46
82.47
82.48
82.49
82.50
82.52
82.56
82.58
82.60
82.61
82.62
(2002 Ed.)
Department of revenue.
General provisions.
Board of tax appeals.
Business and occupation tax.
Retail sales tax.
Use tax.
Local retail sales and use taxes.
Cities and towns—License fees and taxes on
financial institutions.
Counties—Tax on telephone access line use.
Public utility tax.
Solid waste collection tax.
Litter tax.
Hazardous substance tax—Model toxics
control act.
Petroleum products—Underground storage
tank program funding.
Oil spill response tax.
Tax on cigarettes.
Tax on tobacco products.
Tax on enhanced food fish.
Leasehold excise tax.
General administrative provisions.
Taxpayer rights and responsibilities.
Economic and revenue forecasts.
Economic climate council.
Pollution control facilities—Tax exemptions
and credits.
Cogeneration facilities—Tax credits.
Motor vehicle fuel tax.
Special fuel tax act.
Multistate motor fuel tax agreement.
Aircraft fuel tax.
Motor vehicle excise tax.
Excise tax on real estate sales.
Counties and cities—Excise tax on real estate
sales.
Border area motor vehicle fuel and special
fuel tax.
Aircraft excise tax.
Watercraft excise tax.
Travel trailers and campers excise tax.
Extension of excises to federal areas.
Multistate tax compact.
Simplified sales and use tax administration
act.
Tax deferrals for investment projects in
rural counties.
Tax deferrals for manufacturing, research,
and development projects.
Tax credits for eligible business projects in
rural counties.
82.63
82.64
82.65A
82.66
82.67
82.80
82.98
Tax deferrals for high technology businesses.
Syrup tax.
Intermediate care facilities for the mentally
retarded.
Tax deferrals for new thoroughbred race
tracks.
Commute trip reduction incentives.
Local option transportation taxes.
Construction.
Additional taxes, see titles pertaining to particular taxing authorities, e.g.,
counties, cities, school districts, public utility districts.
Expenditure limitations: Chapter 43.135 RCW.
Hotels, motels, special excise tax on charges for furnishing lodging:
Chapters 67.28 and 67.40 RCW.
Termination of tax preferences: Chapter 43.136 RCW.
Chapter 82.01
DEPARTMENT OF REVENUE
Sections
82.01.050
82.01.060
82.01.070
Department established—Director of revenue.
Director—Powers and duties—Rule-making authority.
Director—General supervision—Appointment of assistant
director, personnel—Personal service contracts for outof-state auditing services.
82.01.080 Director—Delegation of powers and duties—Responsibility.
82.01.090 Director—Exercise of powers, duties and functions formerly
vested in tax commission.
82.01.100 Assistance to other state agencies in administration and collection of taxes.
82.01.115 Listing of reduction in revenues from tax exemptions to be
submitted to legislature by department of revenue—
Periodic review and submission of recommendations to
legislature by governor.
Apportionment factors (for school districts) to be based on current figures—
Rules and regulations: RCW 28A.150.400.
Escheat of postal savings system accounts, director’s duties: Chapter 63.48
RCW.
Gambling activities, reports to department of revenue: RCW 9.46.130.
Motor vehicle fund, distribution of amount to counties, department to
furnish information: RCW 46.68.124.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Questionnaires—Job opportunities for welfare recipients—Department to
mail: RCW 74.08A.350.
Refunds of erroneous or excessive payments: RCW 43.88.170.
Termination of tax preferences: Chapter 43.136 RCW.
82.01.050 Department established—Director of
revenue. There is established a department of state government to be known as the department of revenue of the state
of Washington, of which the chief executive officer shall be
known as the director of revenue. [1967 ex.s. c 26 § 2.]
Effective date—1967 ex.s. c 26: "This act shall take effect July 1,
1967." [1967 ex.s. c 26 § 53.]
[Title 82 RCW—page 1]
82.01.060
Title 82 RCW: Excise Taxes
82.01.060 Director—Powers and duties—Rulemaking authority. The director of revenue, hereinafter in
chapter 26, Laws of 1967 ex. sess. referred to as the director, through the department of revenue, hereinafter in chapter
26, Laws of 1967 ex. sess. referred to as the department,
shall:
(1) Assess and collect all taxes and administer all
programs relating to taxes which are the responsibility of the
tax commission at the time chapter 26, Laws of 1967 ex.
sess. takes effect or which the legislature may hereafter
make the responsibility of the director or of the department;
(2) Make, adopt and publish such rules as he or she
may deem necessary or desirable to carry out the powers and
duties imposed upon him or her or the department by the
legislature: PROVIDED, That the director may not adopt
rules after July 23, 1995, that are based solely on a section
of law stating a statute’s intent or purpose, on the enabling
provisions of the statute establishing the agency, or on any
combination of such provisions, for statutory authority to
adopt any rule;
(3) Rules adopted by the tax commission before July 23,
1995, shall remain in force until such time as they may be
revised or rescinded by the director;
(4) Provide by general regulations for an adequate
system of departmental review of the actions of the department or of its officers and employees in the assessment or
collection of taxes;
(5) Maintain a tax research section with sufficient
technical, clerical and other employees to conduct constant
observation and investigation of the effectiveness and
adequacy of the revenue laws of this state and of the sister
states in order to assist the governor, the legislature and the
director in estimation of revenue, analysis of tax measures,
and determination of the administrative feasibility of proposed tax legislation and allied problems;
(6) Recommend to the governor such amendments,
changes in, and modifications of the revenue laws as seem
proper and requisite to remedy injustice and irregularities in
taxation, and to facilitate the assessment and collection of
taxes in the most economical manner. [1995 c 403 § 106;
1977 c 75 § 92; 1967 ex.s. c 26 § 3.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
82.01.070 Director—General supervision—
Appointment of assistant director, personnel—Personal
service contracts for out-of-state auditing services. The
director shall have charge and general supervision of the
department of revenue. The director shall appoint an
assistant director for administration, hereinafter in chapter
26, Laws of 1967 ex. sess. referred to as the assistant director, and subject to the provisions of chapter 41.06 RCW may
appoint and employ such clerical, technical and other
personnel as may be necessary to carry out the powers and
duties of the department. The director may also enter into
personal service contracts with out-of-state individuals or
business entities for the performance of auditing services
outside the state of Washington when normal efforts to
recruit classified employees are unsuccessful. The director
[Title 82 RCW—page 2]
may agree to pay to the department’s employees or contractors who reside out of state such amounts in addition to their
ordinary rate of compensation as are necessary to defray the
extra costs of facilities, living, and other costs reasonably
related to the out-of-state services, subject to legislative
appropriation for those purposes. The special allowances
shall be in such amounts or at such rates as are approved by
the office of financial management. This section does not
apply to audit functions performed in states contiguous to the
state of Washington. [1997 c 156 § 1; 1982 c 128 § 1; 1967
ex.s. c 26 § 4.]
Effective date—1982 c 128: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect March
1, 1982." [1982 c 128 § 2.]
82.01.080 Director—Delegation of powers and
duties—Responsibility. The director may delegate any
power or duty vested in or transferred to the director by law,
or executive order, to the assistant director or to any of the
director’s subordinates; but the director shall be responsible
for the official acts of the officers and employees of the
department. [1997 c 156 § 2; 1967 ex.s. c 26 § 5.]
82.01.090 Director—Exercise of powers, duties and
functions formerly vested in tax commission. Except for
the powers and duties devolved upon the board of tax
appeals by the provisions of RCW 82.03.010 through
82.03.190, the director of revenue shall, after July 1, 1967,
exercise those powers, duties and functions theretofore
vested in the tax commission of the state of Washington,
including all powers, duties and functions of the commission
acting as the commission or as the state board of equalization or in any other capacity. [1967 ex.s. c 26 § 6.]
82.01.100 Assistance to other state agencies in
administration and collection of taxes. Assistance of the
department of revenue in the administration or collection of
those state taxes which are administered or collected by
other state agencies may be requested by the agencies concerned. Such assistance may be given by the director to the
extent that the limitations of time, personnel and the conduct
of the duties of the department shall allow. The department
shall be reimbursed by any agency to which assistance is
rendered. [1967 ex.s. c 26 § 11.]
82.01.115 Listing of reduction in revenues from tax
exemptions to be submitted to legislature by department
of revenue—Periodic review and submission of recommendations to legislature by governor. See RCW
43.06.400.
Chapter 82.02
GENERAL PROVISIONS
Sections
82.02.010
82.02.020
82.02.030
82.02.040
Definitions.
State preempts certain tax fields—Fees prohibited for the
development of land or buildings—Voluntary payments
by developers authorized—Limitations—Exceptions.
Additional tax rates.
Authority of operating agencies to levy taxes.
(2002 Ed.)
General Provisions
82.02.050
82.02.060
82.02.070
Impact fees—Intent—Limitations.
Impact fees—Local ordinances—Required provisions.
Impact fees—Retained in special accounts—Limitations on
use—Administrative appeals.
82.02.080 Impact fees—Refunds.
82.02.090 Impact fees—Definitions.
82.02.100 Impact fees—Exception, mitigation fees paid under chapter
43.21C RCW.
82.02.1001 Legislative fiscal committees—Report on impacts of
manufacturers’ tax exemption—Provision of data by
agencies.
82.02.200 Contract to issue conditional federal employer identification
numbers, credentials, and documents in conjunction with
license applications.
82.02.010 Definitions. For the purpose of this title,
unless otherwise required by the context:
(1) "Department" means the department of revenue of
the state of Washington;
(2) The word "director" means the director of the
department of revenue of the state of Washington;
(3) The word "taxpayer" includes any individual, group
of individuals, corporation, or association liable for any tax
or the collection of any tax hereunder, or who engages in
any business or performs any act for which a tax is imposed
by this title;
(4) Words in the singular number shall include the
plural and the plural shall include the singular. Words in
one gender shall include all other genders. [1979 c 107 § 9;
1967 ex.s. c 26 § 14; 1961 c 15 § 82.02.010. Prior: 1935
c 180 § 3; RRS § 8370-3.]
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
82.02.020 State preempts certain tax fields—Fees
prohibited for the development of land or buildings—
Voluntary payments by developers authorized—
Limitations—Exceptions. Except only as expressly
provided in chapters 67.28 and 82.14 RCW, the state
preempts the field of imposing taxes upon retail sales of
tangible personal property, the use of tangible personal
property, parimutuel wagering authorized pursuant to RCW
67.16.060, conveyances, and cigarettes, and no county, town,
or other municipal subdivision shall have the right to impose
taxes of that nature. Except as provided in RCW 82.02.050
through 82.02.090, no county, city, town, or other municipal
corporation shall impose any tax, fee, or charge, either direct
or indirect, on the construction or reconstruction of residential buildings, commercial buildings, industrial buildings, or
on any other building or building space or appurtenance
thereto, or on the development, subdivision, classification, or
reclassification of land. However, this section does not
preclude dedications of land or easements within the proposed development or plat which the county, city, town, or
other municipal corporation can demonstrate are reasonably
necessary as a direct result of the proposed development or
plat to which the dedication of land or easement is to apply.
This section does not prohibit voluntary agreements with
counties, cities, towns, or other municipal corporations that
allow a payment in lieu of a dedication of land or to mitigate
a direct impact that has been identified as a consequence of
a proposed development, subdivision, or plat. A local
government shall not use such voluntary agreements for local
off-site transportation improvements within the geographic
boundaries of the area or areas covered by an adopted
(2002 Ed.)
Chapter 82.02
transportation program authorized by chapter 39.92 RCW.
Any such voluntary agreement is subject to the following
provisions:
(1) The payment shall be held in a reserve account and
may only be expended to fund a capital improvement agreed
upon by the parties to mitigate the identified, direct impact;
(2) The payment shall be expended in all cases within
five years of collection; and
(3) Any payment not so expended shall be refunded
with interest at the rate applied to judgments to the property
owners of record at the time of the refund; however, if the
payment is not expended within five years due to delay
attributable to the developer, the payment shall be refunded
without interest.
No county, city, town, or other municipal corporation
shall require any payment as part of such a voluntary
agreement which the county, city, town, or other municipal
corporation cannot establish is reasonably necessary as a
direct result of the proposed development or plat.
Nothing in this section prohibits cities, towns, counties,
or other municipal corporations from collecting reasonable
fees from an applicant for a permit or other governmental
approval to cover the cost to the city, town, county, or other
municipal corporation of processing applications, inspecting
and reviewing plans, or preparing detailed statements
required by chapter 43.21C RCW.
This section does not limit the existing authority of any
county, city, town, or other municipal corporation to impose
special assessments on property specifically benefitted
thereby in the manner prescribed by law.
Nothing in this section prohibits counties, cities, or
towns from imposing or permits counties, cities, or towns to
impose water, sewer, natural gas, drainage utility, and
drainage system charges: PROVIDED, That no such charge
shall exceed the proportionate share of such utility or
system’s capital costs which the county, city, or town can
demonstrate are attributable to the property being charged:
PROVIDED FURTHER, That these provisions shall not be
interpreted to expand or contract any existing authority of
counties, cities, or towns to impose such charges.
Nothing in this section prohibits a transportation benefit
district from imposing fees or charges authorized in RCW
36.73.120 nor prohibits the legislative authority of a county,
city, or town from approving the imposition of such fees
within a transportation benefit district.
Nothing in this section prohibits counties, cities, or
towns from imposing transportation impact fees authorized
pursuant to chapter 39.92 RCW.
Nothing in this section prohibits counties, cities, or
towns from requiring property owners to provide relocation
assistance to tenants under RCW 59.18.440 and 59.18.450.
This section does not apply to special purpose districts
formed and acting pursuant to Titles 54, 57, or 87 RCW, nor
is the authority conferred by these titles affected. [1997 c
452 § 21; 1996 c 230 § 1612; 1990 1st ex.s. c 17 § 42; 1988
c 179 § 6; 1987 c 327 § 17; 1982 1st ex.s. c 49 § 5; 1979
ex.s. c 196 § 3; 1970 ex.s. c 94 § 8; 1967 c 236 § 16; 1961
c 15 § 82.02.020. Prior: (i) 1935 c 180 § 29; RRS § 837029. (ii) 1949 c 228 § 28; 1939 c 225 § 22; 1937 c 227 § 24;
Rem. Supp. 1949 § 8370-219. Formerly RCW 82.32.370.]
Intent—Severability—1997 c 452: See notes following RCW
67.28.080.
[Title 82 RCW—page 3]
82.02.020
Title 82 RCW: Excise Taxes
Savings—1997 c 452: See note following RCW 67.28.181.
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Severability—Prospective application—Section captions—1988 c
179: See RCW 39.92.900 and 39.92.901.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
Effective date—1979 ex.s. c 196: See note following RCW
82.04.240.
Severability—1970 ex.s. c 94: See RCW 82.14.900.
82.02.030 Additional tax rates. The rate of the
additional taxes under RCW 54.28.020(2), 54.28.025(2),
66.24.210(2), 82.16.020(2), 82.27.020(5), and 82.29A.030(2)
shall be seven percent. [1993 sp.s. c 25 § 107; 1993 c 492
§ 312; 1990 c 42 § 319. Prior: 1987 1st ex.s. c 9 § 6; 1987
c 472 § 15; 1987 c 80 § 4; 1986 c 296 § 5; 1985 c 471 § 9;
1983 2nd ex.s. c 3 § 6; 1983 c 7 § 8; 1982 2nd ex.s. c 14 §
1; 1982 1st ex.s. c 35 § 31.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective date—1987 1st ex.s. c 9: See notes
following RCW 46.29.050.
Severability—1987 c 472: See RCW 79.71.900.
Severability—Effective date—1986 c 296: See notes following
RCW 48.14.020.
Severability—Effective date—1985 c 471: See notes following
RCW 82.04.260.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
Effective date—Applicability—1982 2nd ex.s. c 14: "This act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately.
The tax rates imposed under this act are effective on the dates
designated in this act notwithstanding the date this act becomes law under
Article III, section 12 of the state Constitution." [1982 2nd ex.s. c 14 § 3.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
82.02.040 Authority of operating agencies to levy
taxes. Nothing in this title may be deemed to grant to any
operating agency organized under chapter 43.52 RCW, or a
project of any such operating agency, the authority to levy
any tax or assessment not otherwise authorized by law.
[1983 2nd ex.s. c 3 § 55.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
82.02.050 Impact fees—Intent—Limitations. (1) It
is the intent of the legislature:
(a) To ensure that adequate facilities are available to
serve new growth and development;
[Title 82 RCW—page 4]
(b) To promote orderly growth and development by
establishing standards by which counties, cities, and towns
may require, by ordinance, that new growth and development
pay a proportionate share of the cost of new facilities needed
to serve new growth and development; and
(c) To ensure that impact fees are imposed through
established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the
same impact.
(2) Counties, cities, and towns that are required or
choose to plan under RCW 36.70A.040 are authorized to
impose impact fees on development activity as part of the
financing for public facilities, provided that the financing for
system improvements to serve new development must
provide for a balance between impact fees and other sources
of public funds and cannot rely solely on impact fees.
(3) The impact fees:
(a) Shall only be imposed for system improvements that
are reasonably related to the new development;
(b) Shall not exceed a proportionate share of the costs
of system improvements that are reasonably related to the
new development; and
(c) Shall be used for system improvements that will
reasonably benefit the new development.
(4) Impact fees may be collected and spent only for the
public facilities defined in RCW 82.02.090 which are
addressed by a capital facilities plan element of a comprehensive land use plan adopted pursuant to the provisions of
RCW 36.70A.070 or the provisions for comprehensive plan
adoption contained in chapter 36.70, 35.63, or 35A.63 RCW.
After the date a county, city, or town is required to adopt its
development regulations under chapter 36.70A RCW,
continued authorization to collect and expend impact fees
shall be contingent on the county, city, or town adopting or
revising a comprehensive plan in compliance with RCW
36.70A.070, and on the capital facilities plan identifying:
(a) Deficiencies in public facilities serving existing
development and the means by which existing deficiencies
will be eliminated within a reasonable period of time;
(b) Additional demands placed on existing public
facilities by new development; and
(c) Additional public facility improvements required to
serve new development.
If the capital facilities plan of the county, city, or town
is complete other than for the inclusion of those elements
which are the responsibility of a special district, the county,
city, or town may impose impact fees to address those public
facility needs for which the county, city, or town is responsible. [1994 c 257 § 24; 1993 sp.s. c 6 § 6; 1990 1st ex.s. c
17 § 43.]
Severability—1994 c 257: See note following RCW 36.70A.270.
Effective date—1993 sp.s. c 6: See note following RCW
36.70A.040.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
SEPA: RCW 43.21C.065.
82.02.060 Impact fees—Local ordinances—Required
provisions. The local ordinance by which impact fees are
imposed:
(1) Shall include a schedule of impact fees which shall
be adopted for each type of development activity that is
(2002 Ed.)
General Provisions
subject to impact fees, specifying the amount of the impact
fee to be imposed for each type of system improvement.
The schedule shall be based upon a formula or other method
of calculating such impact fees. In determining proportionate share, the formula or other method of calculating impact
fees shall incorporate, among other things, the following:
(a) The cost of public facilities necessitated by new
development;
(b) An adjustment to the cost of the public facilities for
past or future payments made or reasonably anticipated to be
made by new development to pay for particular system
improvements in the form of user fees, debt service payments, taxes, or other payments earmarked for or proratable
to the particular system improvement;
(c) The availability of other means of funding public
facility improvements;
(d) The cost of existing public facilities improvements;
and
(e) The methods by which public facilities improvements were financed;
(2) May provide an exemption for low-income housing,
and other development activities with broad public purposes,
from these impact fees, provided that the impact fees for
such development activity shall be paid from public funds
other than impact fee accounts;
(3) Shall provide a credit for the value of any dedication
of land for, improvement to, or new construction of any
system improvements provided by the developer, to facilities
that are identified in the capital facilities plan and that are
required by the county, city, or town as a condition of
approving the development activity;
(4) Shall allow the county, city, or town imposing the
impact fees to adjust the standard impact fee at the time the
fee is imposed to consider unusual circumstances in specific
cases to ensure that impact fees are imposed fairly;
(5) Shall include a provision for calculating the amount
of the fee to be imposed on a particular development that
permits consideration of studies and data submitted by the
developer to adjust the amount of the fee;
(6) Shall establish one or more reasonable service areas
within which it shall calculate and impose impact fees for
various land use categories per unit of development;
(7) May provide for the imposition of an impact fee for
system improvement costs previously incurred by a county,
city, or town to the extent that new growth and development
will be served by the previously constructed improvements
provided such fee shall not be imposed to make up for any
system improvement deficiencies. [1990 1st ex.s. c 17 §
44.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
82.02.070 Impact fees—Retained in special accounts—Limitations on use—Administrative appeals. (1)
Impact fee receipts shall be earmarked specifically and
retained in special interest-bearing accounts. Separate
accounts shall be established for each type of public facility
for which impact fees are collected. All interest shall be
retained in the account and expended for the purpose or
purposes for which the impact fees were imposed. Annually,
each county, city, or town imposing impact fees shall
provide a report on each impact fee account showing the
(2002 Ed.)
82.02.060
source and amount of all moneys collected, earned, or
received and system improvements that were financed in
whole or in part by impact fees.
(2) Impact fees for system improvements shall be
expended only in conformance with the capital facilities plan
element of the comprehensive plan.
(3) Impact fees shall be expended or encumbered for a
permissible use within six years of receipt, unless there
exists an extraordinary and compelling reason for fees to be
held longer than six years. Such extraordinary or compelling
reasons shall be identified in written findings by the governing body of the county, city, or town.
(4) Impact fees may be paid under protest in order to
obtain a permit or other approval of development activity.
(5) Each county, city, or town that imposes impact fees
shall provide for an administrative appeals process for the
appeal of an impact fee; the process may follow the appeal
process for the underlying development approval or the
county, city, or town may establish a separate appeals
process. The impact fee may be modified upon a determination that it is proper to do so based on principles of fairness.
The county, city, or town may provide for the resolution of
disputes regarding impact fees by arbitration. [1990 1st ex.s.
c 17 § 46.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
82.02.080 Impact fees—Refunds. (1) The current
owner of property on which an impact fee has been paid
may receive a refund of such fees if the county, city, or
town fails to expend or encumber the impact fees within six
years of when the fees were paid or other such period of
time established pursuant to RCW 82.02.070(3) on public
facilities intended to benefit the development activity for
which the impact fees were paid. In determining whether
impact fees have been encumbered, impact fees shall be
considered encumbered on a first in, first out basis. The
county, city, or town shall notify potential claimants by first
class mail deposited with the United States postal service at
the last known address of claimants.
The request for a refund must be submitted to the
county, city, or town governing body in writing within one
year of the date the right to claim the refund arises or the
date that notice is given, whichever is later. Any impact
fees that are not expended within these time limitations, and
for which no application for a refund has been made within
this one-year period, shall be retained and expended on the
indicated capital facilities. Refunds of impact fees under this
subsection shall include interest earned on the impact fees.
(2) When a county, city, or town seeks to terminate any
or all impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded
pursuant to this section. Upon the finding that any or all fee
requirements are to be terminated, the county, city, or town
shall place notice of such termination and the availability of
refunds in a newspaper of general circulation at least two
times and shall notify all potential claimants by first class
mail to the last known address of claimants. All funds
available for refund shall be retained for a period of one
year. At the end of one year, any remaining funds shall be
retained by the local government, but must be expended for
the indicated public facilities. This notice requirement shall
[Title 82 RCW—page 5]
82.02.080
Title 82 RCW: Excise Taxes
not apply if there are no unexpended or unencumbered
balances within an account or accounts being terminated.
(3) A developer may request and shall receive a refund,
including interest earned on the impact fees, when the
developer does not proceed with the development activity
and no impact has resulted. [1990 1st ex.s. c 17 § 47.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
82.02.090 Impact fees—Definitions. Unless the
context clearly requires otherwise, the following definitions
shall apply in RCW 82.02.050 through 82.02.090:
(1) "Development activity" means any construction or
expansion of a building, structure, or use, any change in use
of a building or structure, or any changes in the use of land,
that creates additional demand and need for public facilities.
(2) "Development approval" means any written authorization from a county, city, or town which authorizes the
commencement of development activity.
(3) "Impact fee" means a payment of money imposed
upon development as a condition of development approval
to pay for public facilities needed to serve new growth and
development, and that is reasonably related to the new
development that creates additional demand and need for
public facilities, that is a proportionate share of the cost of
the public facilities, and that is used for facilities that
reasonably benefit the new development. "Impact fee" does
not include a reasonable permit or application fee.
(4) "Owner" means the owner of record of real property,
although when real property is being purchased under a real
estate contract, the purchaser shall be considered the owner
of the real property if the contract is recorded.
(5) "Proportionate share" means that portion of the cost
of public facility improvements that are reasonably related to
the service demands and needs of new development.
(6) "Project improvements" mean site improvements and
facilities that are planned and designed to provide service for
a particular development project and that are necessary for
the use and convenience of the occupants or users of the
project, and are not system improvements. No improvement
or facility included in a capital facilities plan approved by
the governing body of the county, city, or town shall be
considered a project improvement.
(7) "Public facilities" means the following capital
facilities owned or operated by government entities: (a)
Public streets and roads; (b) publicly owned parks, open
space, and recreation facilities; (c) school facilities; and (d)
fire protection facilities in jurisdictions that are not part of a
fire district.
(8) "Service area" means a geographic area defined by
a county, city, town, or intergovernmental agreement in
which a defined set of public facilities provide service to
development within the area. Service areas shall be designated on the basis of sound planning or engineering
principles.
(9) "System improvements" mean public facilities that
are included in the capital facilities plan and are designed to
provide service to service areas within the community at
large, in contrast to project improvements. [1990 1st ex.s.
c 17 § 48.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
[Title 82 RCW—page 6]
82.02.100 Impact fees—Exception, mitigation fees
paid under chapter 43.21C RCW. A person required to
pay a fee pursuant to RCW 43.21C.060 for system improvements shall not be required to pay an impact fee under RCW
82.02.050 through 82.02.090 for those same system improvements. [1992 c 219 § 2.]
82.02.1001 Legislative fiscal committees—Report on
impacts of manufacturers’ tax exemption—Provision of
data by agencies. The legislative fiscal committees shall
report to the legislature by December 1, 1999, on the
economic impacts of the manufacturers’ tax exemption. This
report shall analyze employment and other relevant economic
data from before and after the enactment of the tax exemptions authorized under chapter 3, Laws of 1995 1st sp. sess.
and shall measure the effect on the creation or retention of
family wage jobs and diversification of the state’s economy.
Analytic techniques may include, but not be limited to,
comparisons of Washington to other states that did not enact
business tax changes, comparisons across Washington
counties based on usage of the tax exemptions, and comparisons across similar firms based on their use of the tax
exemptions. In performing the analysis, the legislative fiscal
committees shall consult with business and labor interests.
The department or [of] revenue, the employment security
department, and other agencies shall provide to the legislative fiscal committees such data as the legislative fiscal
committees may request in performing the analysis required
under this section. [1995 1st sp.s. c 3 § 15.]
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
82.02.200 Contract to issue conditional federal
employer identification numbers, credentials, and documents in conjunction with license applications. The
director may contract with the federal internal revenue
service, or other appropriate federal agency, to issue conditional federal employer identification numbers, or other
federal credentials or documents, at specified offices and
locations of the agency in conjunction with any application
for state licenses under chapter 19.02 RCW. [1997 c 51 §
6.]
Intent—1997 c 51: See note following RCW 19.02.300.
Chapter 82.03
BOARD OF TAX APPEALS
Sections
82.03.010
82.03.020
82.03.030
82.03.040
82.03.050
82.03.060
82.03.070
82.03.080
82.03.090
82.03.100
82.03.110
Board created.
Members—Number—Qualifications—Appointment.
Terms—Vacancies.
Removal of members—Grounds—Procedure.
Operation on part time or full time basis—Salary—
Compensation—Travel expenses.
Members not to be candidate or hold public office, engage
in inconsistent occupation nor be on political committee—Restriction on leaving board.
Executive director, tax referees, clerk, assistants.
Chairman.
Office of board—Quorum—Hearings.
Findings and decisions—Signing—Filing—Public inspection.
Publication of findings and decisions.
(2002 Ed.)
Board of Tax Appeals
82.03.120
82.03.130
Journal of final findings and decisions.
Appeals to board—Jurisdiction as to types of appeals—
Filing.
82.03.140 Appeals to board—Election of formal or informal hearing.
82.03.150 Appeals to board—Informal hearings, powers of board or
tax referees—Assistance.
82.03.160 Appeals to board—Formal hearings, powers of board or tax
referees—Assistance.
82.03.170 Rules of practice and procedure.
82.03.180 Judicial review.
82.03.190 Appeal to board from denial of petition or notice of determination as to reduction or refund—Procedure—Notice.
82.03.200 Appeals from county board of equalization—Evidence submission in advance of hearing.
Limitation on increase in property value in appeals to board of tax appeals
from county board of equalization: RCW 84.08.060.
Review of sale price established for certain shorelands: RCW 79.94.210.
82.03.010 Board created. There is hereby created the
board of tax appeals of the state of Washington as an agency
of state government. [1967 ex.s. c 26 § 30.]
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
82.03.020 Members—Number—Qualifications—
Appointment. The board of tax appeals, hereinafter in
chapter 26, Laws of 1967 ex. sess. referred to as the board,
shall consist of three members qualified by experience and
training in the field of state and local taxation, appointed by
the governor with the advice and consent of the senate, and
no more than two of whom at the time of appointment or
during their terms shall be members of the same political
party. [1967 ex.s. c 26 § 31.]
82.03.030 Terms—Vacancies. Members of the board
shall be appointed for a term of six years and until their
successors are appointed and have qualified. In case of a
vacancy, it shall be filled by appointment by the governor
for the unexpired portion of the term in which said vacancy
occurs: PROVIDED, That the terms of the first three
members of the board shall be staggered so that one member
shall be appointed to serve until March 1, 1969, one member
until March 1, 1971, and one member until March 1, 1973.
[1967 ex.s. c 26 § 32.]
82.03.040 Removal of members—Grounds—
Procedure. Any member of the board may be removed for
inefficiency, malfeasance or misfeasance in office, upon
specific written charges filed by the governor, who shall
transmit such written charges to the member accused and to
the chief justice of the supreme court. The chief justice
shall thereupon designate a tribunal composed of three
judges of the superior court to hear and adjudicate the
charges. Such tribunal shall fix the time of the hearing,
which shall be public, and the procedure for the hearing, and
the decision of such tribunal shall be final and not subject to
review by the supreme court. Removal of any member of
the board by the tribunal shall disqualify such member for
reappointment. [1967 ex.s. c 26 § 33.]
82.03.050 Operation on part time or full time
basis—Salary—Compensation—Travel expenses. The
board shall operate on either a part time or a full time basis,
as determined by the governor. If it is determined that the
(2002 Ed.)
Chapter 82.03
board shall operate on a full time basis, each member of the
board shall receive an annual salary to be determined by the
governor. If it is determined that the board shall operate on
a part time basis, each member of the board shall receive
compensation on the basis of seventy-five dollars for each
day spent in performance of his duties, but such compensation shall not exceed ten thousand dollars in a fiscal year.
Each board member shall receive reimbursement for travel
expenses incurred in the discharge of his duties in accordance with RCW 43.03.050 and 43.03.060 as now existing
or hereafter amended. [1975-’76 2nd ex.s. c 34 § 176; 1970
ex.s. c 65 § 2; 1967 ex.s. c 26 § 34.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Severability—1970 ex.s. c 65: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1970 ex.s. c 65 § 11.]
Effective date—1970 ex.s. c 65: "This 1970 amendatory act shall
take effect July 1, 1970." [1970 ex.s. c 65 § 12.]
82.03.060 Members not to be candidate or hold
public office, engage in inconsistent occupation nor be on
political committee—Restriction on leaving board. Each
member of the board of tax appeals:
(1) Shall not be a candidate for nor hold any other
public office or trust, and shall not engage in any occupation
or business interfering with or inconsistent with his duty as
a member of the board, nor shall he serve on or under any
committee of any political party; and
(2) Shall not for a period of one year after the termination of his membership on the board, act in a representative
capacity before the board on any matter. [1967 ex.s. c 26 §
35.]
82.03.070 Executive director, tax referees, clerk,
assistants. The board may appoint, discharge and fix the
compensation of an executive director, tax referees, a clerk,
and such other clerical, professional and technical assistants
as may be necessary. Tax referees shall not be subject to
chapter 41.06 RCW. [1988 c 222 § 2; 1967 ex.s. c 26 §
36.]
82.03.080 Chairman. The board shall as soon as
practicable after the initial appointment of the members
thereof, meet and elect from among its members a chairman,
and shall at least biennially thereafter meet and elect such a
chairman. [1967 ex.s. c 26 § 37.]
82.03.090 Office of board—Quorum—Hearings.
The principal office of the board shall be at the state capital,
but it may sit or hold hearings at any other place in the state.
A majority of the board shall constitute a quorum for making
orders or decisions, promulgating rules and regulations
necessary for the conduct of its powers and duties, or
transacting other official business, and may act though one
position on the board be vacant. One or more members may
hold hearings and take testimony to be reported for action by
the board when authorized by rule or order of the board.
The board shall perform all the powers and duties specified
in this chapter or as otherwise provided by law. [1967 ex.s.
c 26 § 38.]
[Title 82 RCW—page 7]
82.03.100
Title 82 RCW: Excise Taxes
82.03.100 Findings and decisions—Signing—
Filing—Public inspection. The board shall make findings
of fact and prepare a written decision in each case decided
by it, and such findings and decision shall be effective upon
being signed by two or more members of the board and
upon being filed at the board’s principal office, and shall be
open to public inspection at all reasonable times. [1967 ex.s.
c 26 § 39.]
82.03.110 Publication of findings and decisions.
The board shall either publish at its expense or make
arrangements with a publishing firm for the publication of
those of its findings and decisions which are of general
public interest, in such form as to assure reasonable distribution thereof. [1967 ex.s. c 26 § 40.]
82.03.120 Journal of final findings and decisions.
The board shall maintain at its principal office a copy of its
final findings and decisions. The findings and decisions
shall be available for public inspection at the principal office
of the board at all reasonable times. [1988 c 222 § 3; 1967
ex.s. c 26 § 41.]
82.03.130 Appeals to board—Jurisdiction as to
types of appeals—Filing. (1) The board shall have jurisdiction to decide the following types of appeals:
(a) Appeals taken pursuant to RCW 82.03.190.
(b) Appeals from a county board of equalization
pursuant to RCW 84.08.130.
(c) Appeals by an assessor or landowner from an order
of the director of revenue made pursuant to RCW 84.08.010
and 84.08.060, if filed with the board of tax appeals within
thirty days after the mailing of the order, the right to such an
appeal being hereby established.
(d) Appeals by an assessor or owner of an intercounty
public utility or private car company from determinations by
the director of revenue of equalized assessed valuation of
property and the apportionment thereof to a county made
pursuant to chapter 84.12 and 84.16 RCW, if filed with the
board of tax appeals within thirty days after mailing of the
determination, the right to such appeal being hereby established.
(e) Appeals by an assessor, landowner, or owner of an
intercounty public utility or private car company from a
determination of any county indicated ratio for such county
compiled by the department of revenue pursuant to RCW
84.48.075: PROVIDED, That
(i) Said appeal be filed after review of the ratio under
RCW 84.48.075(3) and not later than fifteen days after the
mailing of the certification; and
(ii) The hearing before the board shall be expeditiously
held in accordance with rules prescribed by the board and
shall take precedence over all matters of the same character.
(f) Appeals from the decisions of sale price of second
class shorelands on navigable lakes by the department of
natural resources pursuant to RCW 79.94.210.
(g) Appeals from urban redevelopment property tax
apportionment district proposals established by governmental
ordinances pursuant to RCW 39.88.060.
(h) Appeals from interest rates as determined by the
department of revenue for use in valuing farmland under
current use assessment pursuant to RCW 84.34.065.
(i) Appeals from revisions to stumpage value tables used
to determine value by the department of revenue pursuant to
RCW 84.33.091.
(j) Appeals from denial of tax exemption application by
the department of revenue pursuant to RCW 84.36.850.
(k) Appeals pursuant to RCW 84.40.038(3).
(2) Except as otherwise specifically provided by law
hereafter, the provisions of RCW 1.12.070 shall apply to all
notices of appeal filed with the board of tax appeals. [1998
c 54 § 1; 1994 c 123 § 3; 1992 c 206 § 9; 1989 c 378 § 4;
1982 1st ex.s. c 46 § 6; 1977 ex.s. c 284 § 2; 1967 ex.s. c
26 § 42.]
Applicability—1994 c 123: See note following RCW 84.36.815.
Effective date—1992 c 206: See note following RCW 82.04.170.
Purpose—Intent—1977 ex.s. c 284: See note following RCW
84.48.075.
82.03.140 Appeals to board—Election of formal or
informal hearing. In all appeals over which the board has
jurisdiction under RCW 82.03.130, a party taking an appeal
may elect either a formal or an informal hearing, such
election to be made according to rules of practice and
procedure to be promulgated by the board: PROVIDED,
That nothing shall prevent the assessor or taxpayer, as a
party to an appeal pursuant to RCW 84.08.130, within
twenty days from the date of the receipt of the notice of
appeal, from filing with the clerk of the board notice of
intention that the hearing be a formal one: PROVIDED,
HOWEVER, That nothing herein shall be construed to
modify the provisions of RCW 82.03.190: AND PROVIDED FURTHER, That upon an appeal under RCW
82.03.130(1)(e), the director of revenue may, within ten days
from the date of its receipt of the notice of appeal, file with
the clerk of the board notice of its intention that the hearing
be held pursuant to chapter 34.05 RCW. In the event that
appeals are taken from the same decision, order, or determination, as the case may be, by different parties and only one
of such parties elects a formal hearing, a formal hearing
shall be granted. [2000 c 103 § 1; 1988 c 222 § 4; 1982 1st
ex.s. c 46 § 8; 1967 ex.s. c 26 § 43.]
82.03.150 Appeals to board—Informal hearings,
powers of board or tax referees—Assistance. In all
appeals involving an informal hearing, the board or its tax
referees shall have all powers relating to administration of
oaths, issuance of subpoenas, and taking of depositions as
are granted to agencies by chapter 34.05 RCW. The board,
or its tax referees, shall also have all powers granted the
department of revenue pursuant to RCW 82.32.110. In the
case of appeals within the scope of RCW 82.03.130(1)(b) the
board or any member thereof may obtain such assistance,
including the making of field investigations, from the staff
of the director of revenue as the board or any member
thereof may deem necessary or appropriate. [2000 c 103 §
2; 1988 c 222 § 5; 1967 ex.s. c 26 § 44.]
82.03.160 Appeals to board—Formal hearings,
powers of board or tax referees—Assistance. In all
[Title 82 RCW—page 8]
(2002 Ed.)
Board of Tax Appeals
appeals involving a formal hearing the board or its tax
referees shall have all powers relating to administration of
oaths, issuance of subpoenas, and taking of depositions as
are granted to agencies in chapter 34.05 RCW; and the
board, and each member thereof, or its tax referees, shall be
subject to all duties imposed upon, and shall have all powers
granted to, an agency by those provisions of chapter 34.05
RCW relating to adjudicative proceedings. The board, or its
tax referees, shall also have all powers granted the department of revenue pursuant to RCW 82.32.110. In the case of
appeals within the scope of RCW 82.03.130(1)(b), the board,
or any member thereof, may obtain such assistance, including the making of field investigations, from the staff of the
director of revenue as the board, or any member thereof,
may deem necessary or appropriate: PROVIDED, HOWEVER, That any communication, oral or written, from the staff
of the director to the board or its tax referees shall be
presented only in open hearing. [2000 c 103 § 3; 1989 c
175 § 175; 1988 c 222 § 6; 1967 ex.s. c 26 § 45.]
Effective date—1989 c 175: See note following RCW 34.05.010.
82.03.170 Rules of practice and procedure. All
proceedings, including both formal and informal hearings,
before the board or any of its members or tax referees shall
be conducted in accordance with such rules of practice and
procedure as the board may prescribe. The board shall
publish such rules and arrange for the reasonable distribution
thereof. [1988 c 222 § 7; 1967 ex.s. c 26 § 46.]
82.03.180 Judicial review. Judicial review of a
decision of the board of tax appeals shall be de novo in
accordance with the provisions of RCW 82.32.180 or
84.68.020 as applicable except when the decision has been
rendered pursuant to a formal hearing elected under RCW
82.03.140 or 82.03.190, in which event judicial review may
be obtained only pursuant to RCW 34.05.510 through
34.05.598: PROVIDED, HOWEVER, That nothing herein
shall be construed to modify the rights of a taxpayer conferred by RCW 82.32.180 and 84.68.020 to sue for tax
refunds: AND PROVIDED FURTHER, That no review
from a decision made pursuant to RCW 82.03.130(1)(a) may
be obtained by a taxpayer unless within the petition period
provided by RCW 34.05.542 the taxpayer shall have first
paid in full the contested tax, together with all penalties and
interest thereon, if any. The director of revenue shall have
the same right of review from a decision made pursuant to
RCW 82.03.130(1)(a) as does a taxpayer; and the director of
revenue and all parties to an appeal under RCW
82.03.130(1)(e) shall have the right of review from a
decision made pursuant to RCW 82.03.130(1)(e). [2000 c
103 § 4; 1989 c 175 § 176; 1982 1st ex.s. c 46 § 9; 1967
ex.s. c 26 § 47.]
determination. In the notice of appeal the taxpayer shall set
forth the amount of the tax which the taxpayer contends
should be reduced or refunded and the reasons for such
reduction or refund, in accordance with rules of practice and
procedure prescribed by the board. However, if the notice
of appeal relates to an application made to the department
under chapter 82.34 RCW, the taxpayer shall set forth the
amount to which the taxpayer claims the credit or exemption
should apply, and the grounds for such contention, in
accordance with rules of practice and procedure prescribed
by the board. The board shall transmit a copy of the notice
of appeal to the department and all other named parties
within thirty days of its receipt by the board. If the taxpayer
intends that the hearing before the board be held pursuant to
the administrative procedure act (chapter 34.05 RCW), the
notice of appeal shall also so state. In the event that the
notice of appeal does not so state, the department may,
within thirty days from the date of its receipt of the notice
of appeal, file with the board notice of its intention that the
hearing be held pursuant to the administrative procedure act.
[1998 c 54 § 2; 1989 c 378 § 5; 1983 c 3 § 211; 1979 ex.s.
c 209 § 50; 1975 1st ex.s. c 158 § 3; 1967 ex.s. c 26 § 48.]
Effective date—Applicability—Severability—1979 ex.s. c 209: See
notes following RCW 83.04.010.
Effective date—1975 1st ex.s. c 158: See note following RCW
82.34.050.
Review of disputes as to appraised value of watercraft: RCW 82.49.060.
82.03.200 Appeals from county board of equalization—Evidence submission in advance of hearing. In all
appeals taken pursuant to RCW 84.08.130 the assessor or
taxpayer shall submit evidence of comparable sales to be
used in a hearing to the board and to all parties at least ten
business days in advance of such hearing. Failure to comply
with the requirements set forth in this section shall be
grounds for the board, upon objection, to continue the
hearing or refuse to consider evidence not timely submitted.
[1994 c 301 § 17.]
Chapter 82.04
BUSINESS AND OCCUPATION TAX
Sections
82.04.010
82.04.020
82.04.030
82.04.035
82.04.040
82.04.050
82.04.051
82.04.055
82.04.060
82.04.062
Effective date—1989 c 175: See note following RCW 34.05.010.
82.03.190 Appeal to board from denial of petition
or notice of determination as to reduction or refund—
Procedure—Notice. Any person having received notice of
a denial of a petition or a notice of determination made
under RCW 82.32.160, 82.32.170, 82.34.110, or 82.49.060
may appeal by filing in accordance with RCW 1.12.070 a
notice of appeal with the board of tax appeals within thirty
days after the mailing of the notice of such denial or
(2002 Ed.)
82.03.160
82.04.065
82.04.070
82.04.080
82.04.090
82.04.100
82.04.110
82.04.120
82.04.130
82.04.140
82.04.150
Introductory.
"Tax year," "taxable year."
"Person," "company."
"Plantation Christmas trees."
"Sale," "casual or isolated sale."
"Sale at retail," "retail sale."
"Services rendered in respect to"—Taxation of hybrid or
subsequent agreements.
"Selected business services."
"Sale at wholesale," "wholesale sale."
"Sale at wholesale," "sale at retail" excludes sale of precious metal bullion and monetized bullion—
Computation of tax.
Telephone and telecommunications-related definitions.
"Gross proceeds of sales."
"Gross income of the business."
"Value proceeding or accruing."
"Extractor."
"Manufacturer."
"To manufacture."
"Commercial or industrial use."
"Business."
"Engaging in business."
[Title 82 RCW—page 9]
Chapter 82.04
82.04.160
82.04.170
82.04.180
82.04.190
82.04.200
82.04.210
82.04.212
82.04.213
82.04.214
82.04.215
82.04.220
82.04.230
82.04.240
82.04.2403
82.04.250
82.04.255
82.04.260
82.04.263
82.04.2635
82.04.270
82.04.272
82.04.280
82.04.290
82.04.29001
82.04.2905
82.04.2907
82.04.293
82.04.297
82.04.298
82.04.310
82.04.311
82.04.312
82.04.315
82.04.317
82.04.320
82.04.322
82.04.324
82.04.326
82.04.327
82.04.330
82.04.331
82.04.332
82.04.333
82.04.335
82.04.337
82.04.338
82.04.339
82.04.3395
Title 82 RCW: Excise Taxes
"Cash discount."
"Tuition fee."
"Successor."
"Consumer."
"In this state," "within this state."
"Byproduct."
"Retail store or outlet."
"Agricultural product," "farmer."
"Newspaper."
"Canned software," "custom software," "customization of
canned software," "master copies," "retained rights,"
"software."
Business and occupation tax imposed.
Tax upon extractors.
Tax on manufacturers.
Manufacturer tax not applicable to cleaning fish.
Tax on retailers.
Tax on real estate brokers.
Tax on manufacturers and processors of various foods and
by-products—Research and development organizations—Nuclear fuel assemblies—Travel agents—Certain
international activities—Stevedoring and associated
activities—Low-level waste disposers—Insurance agents,
brokers, and solicitors—Hospitals.
Tax on cleaning up radioactive waste and other byproducts
of weapons production and nuclear research and development.
Tax on environmental remedial action—Certifications of
eligibility—Response—Notice to persons at site—
Reports—Penalties—Waiver.
Tax on wholesalers, distributors.
Tax on warehousing and reselling prescription drugs.
Tax on printers, publishers, highway contractors, extracting
or processing for hire, cold storage warehouse or storage
warehouse operation, insurance general agents, radio and
television broadcasting, government contractors—Cold
storage warehouse defined—Storage warehouse defined—Periodical or magazine defined.
Tax on international investment management services or
other business or service activities.
Creation and distribution of custom software—
Customization of canned software—Taxable services.
Tax on providing day care.
Tax on royalties from granting intangible rights.
International investment management services—
Definitions.
Internet services—Definitions.
Tax on qualified grocery distribution cooperatives.
Exemptions—Public utilities—Electrical energy.
Exemptions—Tobacco settlement authority.
Exemptions—Water services supplied by small watersewer districts, irrigation districts, or systems—Rate
averaging by department of health.
Exemptions—International banking facilities.
Exemptions—Motor vehicle sales by manufacturers at
wholesale auctions to dealers.
Exemptions—Insurance business.
Exemptions—Health maintenance organization, health care
service contractor, certified health plan.
Exemptions—Blood, bone, or tissue bank—Exceptions.
Exemptions—Qualified organ procurement organizations.
Exemptions—Adult family homes.
Exemptions—Sales of agricultural products.
Exemptions—Wholesale sales to farmers of seed for planting, conditioning seed for planting owned by others.
Exemptions—Buying and selling at wholesale wheat, oats,
dry peas, dry beans, lentils, triticale, canola, corn, rye,
and barley.
Exemptions—Small harvesters.
Exemptions—Agricultural fairs.
Exemptions—Amounts received by hop growers or dealers
for processed hops shipped outside the state.
Exemptions—Hop commodity commission or hop commodity board business.
Exemptions—Day care provided by churches.
Exemptions—Child care resource and referral services by
nonprofit organizations.
[Title 82 RCW—page 10]
82.04.340
82.04.350
82.04.355
82.04.360
82.04.363
82.04.3651
82.04.367
82.04.368
82.04.370
82.04.380
82.04.385
82.04.390
82.04.392
82.04.394
82.04.395
82.04.397
82.04.399
82.04.405
82.04.408
82.04.410
82.04.415
82.04.416
82.04.418
82.04.419
82.04.4201
82.04.421
82.04.422
82.04.423
82.04.425
82.04.427
82.04.4271
82.04.4281
82.04.4282
82.04.4283
82.04.4284
82.04.4285
82.04.4286
82.04.4287
82.04.4289
82.04.4291
82.04.4292
82.04.4293
82.04.4294
82.04.4295
Exemptions—Boxing, sparring, or wrestling matches.
Exemptions—Racing.
Exemptions—Ride sharing.
Exemptions—Employees—Independent contractors—Booth
renters.
Exemptions—Camp or conference center—Items sold or
furnished by nonprofit organization.
Exemptions—Amounts received by nonprofit organizations
for fund-raising activities.
Exemptions—Nonprofit organizations that are guarantee
agencies, issue debt, or provide guarantees for student
loans.
Exemptions—Nonprofit organizations—Credit and debt
services.
Exemptions—Certain fraternal and beneficiary organizations.
Exemptions—Certain corporations furnishing aid and
relief.
Exemptions—Operation of sheltered workshops.
Exemptions—Amounts derived from sale of real estate.
Exemptions—Mortgage brokers’ third-party provider services trust accounts.
Exemptions—Amounts received by property management
company for on-site personnel.
Exemptions—Certain materials printed in school district
and educational service district printing facilities.
Exemptions—Certain materials printed in county, city, or
town printing facilities.
Exemptions—Sales of academic transcripts.
Exemptions—Credit unions.
Exemptions—Housing finance commission.
Exemptions—Hatching eggs and poultry.
Exemptions—Sand, gravel and rock taken from county or
city pits or quarries, processing and handling costs.
Exemptions—Operation of state route No. 16.
Exemptions—Grants by United States government to municipal corporations or political subdivisions.
Exemptions—County, city, town, school district, or fire
district activity.
Exemptions—Sales/leasebacks by regional transit authorities.
Exemptions—Out-of-state membership sales in discount
programs.
Exemptions—Wholesale sales of motor vehicles.
Exemptions—Sales by certain out-of-state persons to or
through direct seller’s representatives.
Exemptions—Accommodation sales.
Exemptions and credits—Pollution control facilities.
Deductions—Membership fees and certain service fees by
nonprofit youth organization.
Deductions—Investments, dividends, interest on loans.
Deductions—Fees, dues, charges.
Deductions—Cash discount taken by purchaser.
Deductions—Credit losses of accrual basis taxpayers.
Deductions—Motor vehicle fuel and special fuel taxes.
Deductions—Nontaxable business.
Deductions—Compensation for receiving, washing, etc.,
horticultural products for person exempt under RCW
82.04.330—Materials and supplies used.
Exemption—Compensation for services to patients and
attendant sales of prescription drugs by nonprofit kidney
dialysis facilities, nonprofit hospice agencies, and nursing homes and homes for unwed mothers operated by
religious or charitable organizations.
Deductions—Compensation received by a political subdivision from another political subdivision for services
taxable under RCW 82.04.290.
Deductions—Interest on investments or loans secured by
mortgages or deeds of trust.
Deductions—Interest on obligations of the state, its political subdivisions, and municipal corporations.
Deductions—Interest on loans to farmers and ranchers,
producers or harvesters of aquatic products, or their
cooperatives.
Deductions—Manufacturing activities completed outside
the United States.
(2002 Ed.)
Business and Occupation Tax
82.04.4296
82.04.4297
82.04.4298
82.04.431
82.04.4311
82.04.432
82.04.4322
82.04.4324
82.04.4326
82.04.4327
82.04.4328
82.04.4329
82.04.433
82.04.4331
82.04.4332
82.04.4333
82.04.434
82.04.440
82.04.4451
82.04.4452
82.04.44525
82.04.4453
82.04.4454
82.04.4456
82.04.4457
82.04.4459
82.04.447
82.04.450
82.04.460
82.04.470
82.04.480
82.04.500
82.04.510
82.04.520
82.04.530
82.04.535
82.04.600
82.04.900
(2002 Ed.)
Deductions—Reimbursement for accommodation expenditures by funeral homes.
Deductions—Compensation from public entities for health
or social welfare services—Exception.
Deductions—Repair, maintenance, replacement, etc., of
residential structures and commonly held property—
Eligible organizations.
"Health or social welfare organization" defined for RCW
82.04.4297—Conditions for exemption—"Health or
social welfare services" defined.
Deductions—Compensation received under the federal
medicare program by certain nonprofit and municipal
hospitals.
Deductions—Municipal sewer service fees or charges.
Deductions—Artistic or cultural organization—
Compensation from United States, state, etc., for artistic
or cultural exhibitions, performances, or programs.
Deductions—Artistic or cultural organization—Deduction
for tax under RCW 82.04.240—Value of articles for use
in displaying art objects or presenting artistic or cultural
exhibitions, performances, or programs.
Deductions—Artistic or cultural organizations—Tuition
charges for attending artistic or cultural education programs.
Deductions—Artistic and cultural organizations—Income
from business activities.
"Artistic or cultural organization" defined.
Deductions—Health insurance pool members—Deficit assessments.
Deductions—Sales of fuel for consumption outside United
States’ waters by vessels in foreign commerce—
Construction.
Deductions—Insurance claims for state health care coverage.
Deductions—Tuition fees of foreign degree-granting institutions.
Credit—Job training services—Approval.
Credit—Public safety standards and testing.
Persons taxable on multiple activities—Credits.
Credit against tax due—Maximum credit—Table.
Credit—Research and development spending—Assessment
report.
Credit—New employment for international service activities in eligible areas—Designation of census tracts for
eligibility—Records—Tax due upon ineligibility—
Interest assessment—Information from employment
security department.
Credit—Ride-sharing, public transportation, or
nonmotorized commuting incentives—Penalty—Report
to legislature.
Credit—Ride-sharing, public transportation, or
nonmotorized commuting incentives—Ceiling.
Credit—Software programming or manufacturing in rural
counties—Eligibility—Annual report.
Credit—Information technology help desk services conducted from rural county—Annual report.
Credit—Field burning reduction costs.
Credit—Natural or manufactured gas purchased by direct
service industrial customers—Reports.
Value of products, how determined.
Business within and without state—Apportionment.
Resale certificate—Burden of proof—Tax liability—
Rules—Resale certificate defined.
Sales in own name—Sales as agent.
Tax part of operating overhead.
General administrative provisions invoked.
Administrative provisions for motor vehicle sales by courtesy dealers.
Gross proceeds of sales calculation for telephone business.
Gross proceeds of sales calculation for mobile telecommunications service provider.
Exemptions—Materials printed in county, city, town,
school district, educational service district, library or library district.
Construction—1961 c 15.
Chapter 82.04
Admission tax
cities: RCW 35.21.280.
counties: Chapter 36.38 RCW.
Business and occupation tax credits for cogeneration facilities: Chapter
82.35 RCW.
Commute trip reduction incentives: Chapter 82.67 RCW.
Housing authorities, tax exemption: Chapter 35.82 RCW.
Public utility districts, privilege taxes: Chapter 54.28 RCW.
82.04.010 Introductory. Unless the context clearly
requires otherwise, the definitions set forth in the sections
preceding RCW 82.04.220 apply throughout this chapter.
[1996 c 93 § 4; 1961 c 15 § 82.04.010. Prior: 1955 c 389
§ 2; prior: 1949 c 228 § 2, part; 1945 c 249 § 1, part; 1943
c 156 § 2, part; 1941 c 178 § 2, part; 1939 c 225 § 2, part;
1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp. 1949
§ 8370-5, part.]
82.04.020 "Tax year," "taxable year." "Tax year"
or "taxable year" means either the calendar year, or the
taxpayer’s fiscal year when permission is obtained from the
department of revenue to use a fiscal year in lieu of the
calendar year. [1975 1st ex.s. c 278 § 39; 1961 c 15 §
82.04.020. Prior: 1955 c 389 § 3; prior: 1949 c 228 § 2,
part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c 178
§ 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part; 1935
c 180 § 5; Rem. Supp. 1949 § 8370-5, part.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.04.030 "Person," "company." "Person" or
"company", herein used interchangeably, means any individual, receiver, administrator, executor, assignee, trustee in
bankruptcy, trust, estate, firm, copartnership, joint venture,
club, company, joint stock company, business trust, municipal corporation, political subdivision of the state of Washington, corporation, limited liability company, association,
society, or any group of individuals acting as a unit, whether
mutual, cooperative, fraternal, nonprofit, or otherwise and the
United States or any instrumentality thereof. [1995 c 318 §
1; 1963 ex.s. c 28 § 1; 1961 c 15 § 82.04.030. Prior: 1955
c 389 § 4; prior: 1949 c 228 § 2, part; 1945 c 249 § 1, part;
1943 c 156 § 2, part; 1941 c 178 § 2, part; 1939 c 225 § 2,
part; 1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp.
1949 § 8370-5, part.]
Effective date—1995 c 318: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 11, 1995]." [1995 c 318 § 12.]
Effective date—1963 ex.s. c 28: "This act shall take effect on July
1, 1963." [1963 ex.s. c 28 § 17.]
82.04.035 "Plantation Christmas trees." "Plantation
Christmas trees" means Christmas trees which are exempt
from the timber excise tax under RCW 84.33.170. [1987 c
23 § 1.]
82.04.040 "Sale," "casual or isolated sale." "Sale"
means any transfer of the ownership of, title to, or possession of property for a valuable consideration and includes
any activity classified as a "sale at retail" or "retail sale"
under RCW 82.04.050. It includes renting or leasing,
[Title 82 RCW—page 11]
82.04.040
Title 82 RCW: Excise Taxes
conditional sale contracts, leases with option to purchase,
and any contract under which possession of the property is
given to the purchaser but title is retained by the vendor as
security for the payment of the purchase price. It also
includes the furnishing of food, drink, or meals for compensation whether consumed upon the premises or not.
"Casual or isolated sale" means a sale made by a person
who is not engaged in the business of selling the type of
property involved. [1961 c 15 § 82.04.040. Prior: 1959
ex.s. c 5 § 1; 1959 ex.s. c 3 § 1; 1955 c 389 § 5; prior:
1949 c 228 § 2, part; 1945 c 249 § 1, part; 1943 c 156 § 2,
part; 1941 c 178 § 2, part; 1939 c 225 § 2, part; 1937 c 227
§ 2, part; 1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5,
part.]
82.04.050 "Sale at retail," "retail sale." (1) "Sale
at retail" or "retail sale" means every sale of tangible
personal property (including articles produced, fabricated, or
imprinted) to all persons irrespective of the nature of their
business and including, among others, without limiting the
scope hereof, persons who install, repair, clean, alter,
improve, construct, or decorate real or personal property of
or for consumers other than a sale to a person who presents
a resale certificate under RCW 82.04.470 and who:
(a) Purchases for the purpose of resale as tangible
personal property in the regular course of business without
intervening use by such person, but a purchase for the
purpose of resale by a regional transit authority under RCW
81.112.300 is not a sale for resale; or
(b) Installs, repairs, cleans, alters, imprints, improves,
constructs, or decorates real or personal property of or for
consumers, if such tangible personal property becomes an
ingredient or component of such real or personal property
without intervening use by such person; or
(c) Purchases for the purpose of consuming the property
purchased in producing for sale a new article of tangible
personal property or substance, of which such property
becomes an ingredient or component or is a chemical used
in processing, when the primary purpose of such chemical is
to create a chemical reaction directly through contact with an
ingredient of a new article being produced for sale; or
(d) Purchases for the purpose of consuming the property
purchased in producing ferrosilicon which is subsequently
used in producing magnesium for sale, if the primary
purpose of such property is to create a chemical reaction
directly through contact with an ingredient of ferrosilicon; or
(e) Purchases for the purpose of providing the property
to consumers as part of competitive telephone service, as
defined in RCW 82.04.065. The term shall include every
sale of tangible personal property which is used or consumed
or to be used or consumed in the performance of any activity
classified as a "sale at retail" or "retail sale" even though
such property is resold or utilized as provided in (a), (b), (c),
(d), or (e) of this subsection following such use. The term
also means every sale of tangible personal property to persons engaged in any business which is taxable under RCW
82.04.280 (2) and (7) and 82.04.290.
(2) The term "sale at retail" or "retail sale" shall include
the sale of or charge made for tangible personal property
consumed and/or for labor and services rendered in respect
to the following:
[Title 82 RCW—page 12]
(a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for
consumers, including charges made for the mere use of
facilities in respect thereto, but excluding charges made for
the use of coin-operated laundry facilities when such
facilities are situated in an apartment house, rooming house,
or mobile home park for the exclusive use of the tenants
thereof, and also excluding sales of laundry service to nonprofit health care facilities, and excluding services rendered
in respect to live animals, birds and insects;
(b) The constructing, repairing, decorating, or improving
of new or existing buildings or other structures under, upon,
or above real property of or for consumers, including the
installing or attaching of any article of tangible personal
property therein or thereto, whether or not such personal
property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges
made for the clearing of land and the moving of earth
excepting the mere leveling of land used in commercial
farming or agriculture;
(c) The charge for labor and services rendered in respect
to constructing, repairing, or improving any structure upon,
above, or under any real property owned by an owner who
conveys the property by title, possession, or any other means
to the person performing such construction, repair, or
improvement for the purpose of performing such construction, repair, or improvement and the property is then
reconveyed by title, possession, or any other means to the
original owner;
(d) The sale of or charge made for labor and services
rendered in respect to the cleaning, fumigating, razing or
moving of existing buildings or structures, but shall not
include the charge made for janitorial services; and for purposes of this section the term "janitorial services" shall mean
those cleaning and caretaking services ordinarily performed
by commercial janitor service businesses including, but not
limited to, wall and window washing, floor cleaning and
waxing, and the cleaning in place of rugs, drapes and upholstery. The term "janitorial services" does not include
painting, papering, repairing, furnace or septic tank cleaning,
snow removal or sandblasting;
(e) The sale of or charge made for labor and services
rendered in respect to automobile towing and similar
automotive transportation services, but not in respect to those
required to report and pay taxes under chapter 82.16 RCW;
(f) The sale of and charge made for the furnishing of
lodging and all other services by a hotel, rooming house,
tourist court, motel, trailer camp, and the granting of any
similar license to use real property, as distinguished from the
renting or leasing of real property, and it shall be presumed
that the occupancy of real property for a continuous period
of one month or more constitutes a rental or lease of real
property and not a mere license to use or enjoy the same.
For the purposes of this subsection, it shall be presumed that
the sale of and charge made for the furnishing of lodging for
a continuous period of one month or more to a person is a
rental or lease of real property and not a mere license to
enjoy the same;
(g) The sale of or charge made for tangible personal
property, labor and services to persons taxable under (a), (b),
(c), (d), (e), and (f) of this subsection when such sales or
charges are for property, labor and services which are used
(2002 Ed.)
Business and Occupation Tax
or consumed in whole or in part by such persons in the
performance of any activity defined as a "sale at retail" or
"retail sale" even though such property, labor and services
may be resold after such use or consumption. Nothing
contained in this subsection shall be construed to modify
subsection (1) of this section and nothing contained in
subsection (1) of this section shall be construed to modify
this subsection.
(3) The term "sale at retail" or "retail sale" shall include
the sale of or charge made for personal, business, or professional services including amounts designated as interest,
rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following
business activities:
(a) Amusement and recreation services including but not
limited to golf, pool, billiards, skating, bowling, ski lifts and
tows, day trips for sightseeing purposes, and others, when
provided to consumers;
(b) Abstract, title insurance, and escrow services;
(c) Credit bureau services;
(d) Automobile parking and storage garage services;
(e) Landscape maintenance and horticultural services but
excluding (i) horticultural services provided to farmers and
(ii) pruning, trimming, repairing, removing, and clearing of
trees and brush near electric transmission or distribution lines
or equipment, if performed by or at the direction of an
electric utility;
(f) Service charges associated with tickets to professional sporting events; and
(g) The following personal services: Physical fitness
services, tanning salon services, tattoo parlor services, steam
bath services, turkish bath services, escort services, and
dating services.
(4) The term shall also include the renting or leasing of
tangible personal property to consumers and the rental of
equipment with an operator.
(5) The term shall also include the providing of telephone service, as defined in RCW 82.04.065, to consumers.
(6) The term shall also include the sale of canned
software other than a sale to a person who presents a resale
certificate under RCW 82.04.470, regardless of the method
of delivery to the end user, but shall not include custom software or the customization of canned software.
(7) The term shall not include the sale of or charge
made for labor and services rendered in respect to the
building, repairing, or improving of any street, place, road,
highway, easement, right of way, mass public transportation
terminal or parking facility, bridge, tunnel, or trestle which
is owned by a municipal corporation or political subdivision
of the state or by the United States and which is used or to
be used primarily for foot or vehicular traffic including mass
transportation vehicles of any kind.
(8) The term shall also not include sales of chemical
sprays or washes to persons for the purpose of postharvest
treatment of fruit for the prevention of scald, fungus, mold,
or decay, nor shall it include sales of feed, seed, seedlings,
fertilizer, agents for enhanced pollination including insects
such as bees, and spray materials to: (a) Persons who
participate in the federal conservation reserve program, the
environmental quality incentives program, the wetlands
reserve program, and the wildlife habitat incentives program,
or their successors administered by the United States depart(2002 Ed.)
82.04.050
ment of agriculture; (b) farmers for the purpose of producing
for sale any agricultural product; and (c) farmers acting
under cooperative habitat development or access contracts
with an organization exempt from federal income tax under
26 U.S.C. Sec. 501(c)(3) or the Washington state department
of fish and wildlife to produce or improve wildlife habitat on
land that the farmer owns or leases.
(9) The term shall not include the sale of or charge
made for labor and services rendered in respect to the
constructing, repairing, decorating, or improving of new or
existing buildings or other structures under, upon, or above
real property of or for the United States, any instrumentality
thereof, or a county or city housing authority created
pursuant to chapter 35.82 RCW, including the installing, or
attaching of any article of tangible personal property therein
or thereto, whether or not such personal property becomes a
part of the realty by virtue of installation. Nor shall the term
include the sale of services or charges made for the clearing
of land and the moving of earth of or for the United States,
any instrumentality thereof, or a county or city housing
authority. Nor shall the term include the sale of services or
charges made for cleaning up for the United States, or its
instrumentalities, radioactive waste and other byproducts of
weapons production and nuclear research and development.
(10) Until July 1, 2003, the term shall not include the
sale of or charge made for labor and services rendered for
environmental remedial action as defined in RCW
82.04.2635(2). [2002 c 178 § 1; 2000 2nd sp.s. c 4 § 23.
Prior: 1998 c 332 § 2; 1998 c 315 § 1; 1998 c 308 § 1;
1998 c 275 § 1; 1997 c 127 § 1; prior: 1996 c 148 § 1;
1996 c 112 § 1; 1995 1st sp.s. c 12 § 2; 1995 c 39 § 2; 1993
sp.s. c 25 § 301; 1988 c 253 § 1; prior: 1987 c 285 § 1;
1987 c 23 § 2; 1986 c 231 § 1; 1983 2nd ex.s. c 3 § 25;
1981 c 144 § 3; 1975 1st ex.s. c 291 § 5; 1975 1st ex.s. c 90
§ 1; 1973 1st ex.s. c 145 § 1; 1971 ex.s. c 299 § 3; 1971
ex.s. c 281 § 1; 1970 ex.s. c 8 § 1; prior: 1969 ex.s. c 262
§ 30; 1969 ex.s. c 255 § 3; 1967 ex.s. c 149 § 4; 1965 ex.s.
c 173 § 1; 1963 c 7 § 1; prior: 1961 ex.s. c 24 § 1; 1961 c
293 § 1; 1961 c 15 § 82.04.050; prior: 1959 ex.s. c 5 § 2;
1957 c 279 § 1; 1955 c 389 § 6; 1953 c 91 § 3; 1951 2nd
ex.s. c 28 § 3; 1949 c 228 § 2, part; 1945 c 249 § 1, part;
1943 c 156 § 2, part; 1941 c 178 § 2, part; 1939 c 225 § 2,
part; 1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp.
1949 § 8370-5, part.]
Retroactive application—Effective date—2002 c 178: See notes
following RCW 67.28.180.
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
Effective dates—1998 c 308: "(1) Sections 1 through 4 of this act
take effect July 1, 1998.
(2) Section 5 of this act takes effect July 1, 2003." [1998 c 308 § 6.]
Effective date—1998 c 275: "This act takes effect July 1, 1998."
[1998 c 275 § 2.]
Effective date—1997 c 127: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 127 § 2.]
Severability—1996 c 148: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 148 § 7.]
[Title 82 RCW—page 13]
82.04.050
Title 82 RCW: Excise Taxes
Effective date—1996 c 148: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect April
1, 1996." [1996 c 148 § 8.]
Effective date—1996 c 112: "This act shall take effect July 1, 1996."
[1996 c 112 § 5.]
Intent—1995 1st sp.s. c 12: "It is the intent of the legislature that
massage services be recognized as health care practitioners for the purposes
of business and occupation tax application. To achieve this intent massage
services are being removed from the definition of sale at retail and retail
sale." [1995 1st sp.s. c 12 § 1.]
Effective date—1995 1st sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 1st sp.s. c 12 § 5.]
Effective date—1995 c 39: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 39 § 3.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
Application to preexisting contracts—1975 1st ex.s. c 291; 1975 1st
ex.s. c 90: See note following RCW 82.12.010.
Effective dates—1975 1st ex.s. c 291: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing institutions, and
shall take effect immediately: PROVIDED, That sections 8 and 26 through
43 of this amendatory act shall be effective on and after January 1, 1976:
PROVIDED FURTHER, That sections 2, 3, and 4, and subsections (1) and
(2) of section 24 shall be effective on and after January 1, 1977: AND
PROVIDED FURTHER, That subsections (3) through (15) of section 24
shall be effective on and after January 1, 1978." [1975 1st ex.s. c 291 §
46.]
Severability—1975 1st ex.s. c 291: "If any provision of this 1975
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1975 1st ex.s. c 291 § 45.]
Effective date—1975 1st ex.s. c 90: "This 1975 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1975." [1975 1st ex.s. c 90 § 5.]
Effective date—1973 1st ex.s. c 145: "This act is necessary for the
immediate preservation of the public peace, health and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1973." [1973 1st ex.s. c 145 § 2.]
Effective dates—1971 ex.s. c 299: "This 1971 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect as follows:
(1) Sections 1 through 12, 15 through 34 and 53 shall take effect July
1, 1971;
(2) Sections 13, 14, and 77 and 78 shall take effect June 1, 1971; and
(3) Sections 35 through 52 and 54 through 76 shall take effect as
provided in section 53." [1971 ex.s. c 299 § 79.]
Severability—1971 ex.s. c 299: "If any phrase, clause, subsection or
section of this 1971 amendatory act shall be declared unconstitutional or
invalid by any court of competent jurisdiction, it shall be conclusively
presumed that the legislature would have enacted this 1971 amendatory act
without the phrase, clause, subsection or section so held unconstitutional or
invalid and the remainder of the act shall not be affected as a result of said
part being held unconstitutional or invalid." [1971 ex.s. c 299 § 78.]
Construction—Severability—1969 ex.s. c 255: See notes following
RCW 35.58.272.
Effective date—1967 ex.s. c 149: "This act is necessary for the
immediate preservation of the public peace, health and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1967." [1967 ex.s. c 149 § 65.]
[Title 82 RCW—page 14]
Effective date—1965 ex.s. c 173: "This act is necessary for the
immediate preservation of the public peace, health and safety, the support
of the state government and its existing public institutions, and shall take
effect June 1, 1965." [1965 ex.s. c 173 § 33.]
Credit for retail sales or use taxes paid to other jurisdictions with respect
to property used: RCW 82.12.035.
"Services rendered in respect to" defined: RCW 82.04.051.
82.04.051 "Services rendered in respect to"—
Taxation of hybrid or subsequent agreements. (1) As
used in RCW 82.04.050, the term "services rendered in
respect to" means those services that are directly related to
the constructing, building, repairing, improving, and decorating of buildings or other structures and that are performed by
a person who is responsible for the performance of the
constructing, building, repairing, improving, or decorating
activity. The term does not include services such as engineering, architectural, surveying, flagging, accounting, legal,
consulting, or administrative services provided to the consumer of, or person responsible for performing, the constructing, building, repairing, improving, or decorating
services.
(2) A contract or agreement under which a person is
responsible for both services that would otherwise be subject
to tax as a service under RCW 82.04.290(2) and also
constructing, building, repairing, improving, or decorating
activities that would otherwise be subject to tax under
another section of this chapter is subject to the tax that
applies to the predominant activity under the contract or
agreement.
(3) Unless otherwise provided by law, a contract or
agreement under which a person is responsible for activities
that are subject to tax as a service under RCW 82.04.290(2),
and a subsequent contract or agreement under which the
same person is responsible for constructing, building,
repairing, improving, or decorating activities subject to tax
under another section of this chapter, shall not be combined
and taxed as a single activity if at the time of the first
contract or agreement it was not contemplated by the parties,
as evidenced by the facts, that the same person would be
awarded both contracts.
(4) As used in this section "responsible for the performance" means that the person is obligated to perform the
activities, either personally or through a third party. A
person who reviews work for a consumer, retailer, or
wholesaler but does not supervise or direct the work is not
responsible for the performance of the work. A person who
is financially obligated for the work, such as a bank, but
who does not have control over the work itself is not
responsible for the performance of the work. [1999 c 212 §
2.]
Finding—Intent—1999 c 212: "(1) The legislature finds that the
taxation of "services rendered in respect to constructing buildings or other
structures" has generally included the entire transaction for construction,
including certain services provided directly to the consumer or owner rather
than the person engaged in the performance of the constructing activity.
Changes in business practices and recent administrative and court decisions
have confused the issue. It is the intent of the legislature to clarify which
services, if standing alone and not part of the construction agreement, are
taxed as retail or wholesale sales, and which services will continue to be
taxed as a service.
(2) It is further the intent of the legislature to confirm that the entire
price for the construction of a building or other structure for a consumer or
owner continues to be a retail sale, even though some of the individual
(2002 Ed.)
Business and Occupation Tax
services reflected in the price, if provided alone, would be taxed as services
and not as separate retail or wholesale sales.
(3) Therefore, the intent of this act is to maintain the application of the
law and not to extend retail treatment to activities not previously treated as
retail activities. Services that are otherwise subject to tax as a service under
RCW 82.04.290(2), including but not limited to engineering, architectural,
surveying, flagging, accounting, legal, consulting, or administrative services,
remain subject to tax as a service under RCW 82.04.290(2), if the person
responsible for the performance of those services is not also responsible for
the performance of the constructing, building, repairing, improving, or
decorating activities. Additionally, unless otherwise provided by law, a
person entering into an agreement to be responsible for the performance of
services otherwise subject to tax as a service under RCW 82.04.290(2), and
subsequently entering into a separate agreement to be responsible for the
performance of constructing, building, repairing, improving, or decorating
activities, is subject to tax as a service under RCW 82.04.290(2) with
respect to the first agreement, and is subject to tax under the appropriate
section of chapter 82.04 RCW with respect to the second agreement, if at
the time of the first agreement there was no contemplation by the parties,
as evidenced by the facts, that the agreements would be awarded to the
same person." [1999 c 212 § 1.]
82.04.055
"Selected business services."
Reviser’s note: RCW 82.04.055 was amended by 1997 c 304 § 3
without reference to its repeal by 1997 c 7 § 5. It has been decodified for
publication purposes under RCW 1.12.025.
82.04.060 "Sale at wholesale," "wholesale sale."
"Sale at wholesale" or "wholesale sale" means: (1) Any sale
of tangible personal property, any sale of services defined as
a retail sale in RCW 82.04.050(2)(a), any sale of amusement
or recreation services as defined in RCW 82.04.050(3)(a),
any sale of canned software, or any sale of telephone service
as defined in RCW 82.04.065, which is not a sale at retail;
and (2) any charge made for labor and services rendered for
persons who are not consumers, in respect to real or personal
property, if such charge is expressly defined as a retail sale
by RCW 82.04.050 when rendered to or for consumers:
PROVIDED, That the term "real or personal property" as
used in this subsection shall not include any natural products
named in RCW 82.04.100. [2002 c 367 § 1; 1998 c 332 §
5; 1996 c 148 § 3; 1983 2nd ex.s. c 3 § 26; 1961 c 15 §
82.04.060. Prior: 1955 ex.s. c 10 § 4; 1955 c 389 § 7;
prior: 1949 c 228 § 2, part; 1945 c 249 § 1, part; 1943 c
156 § 2, part; 1941 c 178 § 2, part; 1939 c 225 § 2, part;
1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp. 1949
§ 8370-5, part.]
Severability—2002 c 367: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2002 c 367 § 7.]
Effective date—2002 c 367: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect June 1,
2002." [2002 c 367 § 8.]
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
Severability—Effective date—1996 c 148: See notes following
RCW 82.04.050.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
82.04.062 "Sale at wholesale," "sale at retail"
excludes sale of precious metal bullion and monetized
bullion—Computation of tax. (1) For purposes of this
chapter, "wholesale sale," "sale at wholesale," "retail sale,"
(2002 Ed.)
82.04.051
and "sale at retail" do not include the sale of precious metal
bullion or monetized bullion.
(2) In computing tax under this chapter on the business
of making sales of precious metal bullion or monetized
bullion, the tax shall be imposed on the amounts received as
commissions upon transactions for the accounts of customers
over and above the amount paid to other dealers associated
in such transactions, but no deduction or offset is allowed on
account of salaries or commissions paid to salesmen or other
employees.
(3) For purposes of this section, "precious metal bullion"
means any precious metal which has been put through a
process of smelting or refining, including, but not limited to,
gold, silver, platinum, rhodium, and palladium, and which is
in such state or condition that its value depends upon its
contents and not upon its form. For purposes of this section,
"monetized bullion" means coins or other forms of money
manufactured from gold, silver, or other metals and heretofore, now, or hereafter used as a medium of exchange under
the laws of this state, the United States, or any foreign
nation, but does not include coins or money sold to be
manufactured into jewelry or works of art. [1985 c 471 §
5.]
Severability—Effective date—1985 c 471: See notes following
RCW 82.04.260.
82.04.065 Telephone and telecommunicationsrelated definitions. (Contingent expiration date.) (1)
"Competitive telephone service" means the providing by any
person of telecommunications equipment or apparatus, or
service related to that equipment or apparatus such as repair
or maintenance service, if the equipment or apparatus is of
a type which can be provided by persons that are not subject
to regulation as telephone companies under Title 80 RCW
and for which a separate charge is made.
(2) "Network telephone service" means the providing by
any person of access to a telephone network, telephone
network switching service, toll service, or coin telephone
services, or the providing of telephonic, video, data, or
similar communication or transmission for hire, via a
telephone network, toll line or channel, cable, microwave, or
similar communication or transmission system. "Network
telephone service" includes the provision of transmission to
and from the site of an internet provider via a telephone
network, toll line or channel, cable, microwave, or similar
communication or transmission system. "Network telephone
service" does not include the providing of competitive
telephone service, the providing of cable television service,
the providing of broadcast services by radio or television
stations, nor the provision of internet service as defined in
RCW 82.04.297, including the reception of dial-in connection, provided at the site of the internet service provider.
(3) "Telephone service" means competitive telephone
service or network telephone service, or both, as defined in
subsections (1) and (2) of this section.
(4) "Telephone business" means the business of providing network telephone service, as defined in subsection (2)
of this section. It includes cooperative or farmer line
telephone companies or associations operating an exchange.
(5) "Charges for mobile telecommunications services"
means any charge for, or associated with, the provision of
commercial mobile radio service, as defined in section 20.3,
[Title 82 RCW—page 15]
82.04.065
Title 82 RCW: Excise Taxes
Title 47 C.F.R. as in effect on June 1, 1999, or any charge
for, or associated with, a service provided as an adjunct to
a commercial mobile radio service, regardless of whether
individual transmissions originate or terminate within the
licensed service area of the mobile telecommunications
service provider.
(6) "Customer" means: (a) The person or entity that
contracts with the home service provider for mobile telecommunications services; or (b) the end user of the mobile
telecommunications service, if the end user of mobile
telecommunications services is not the contracting party, but
this subsection (6)(b) applies only for the purpose of
determining the place of primary use. The term does not
include a reseller of mobile telecommunications service, or
a serving carrier under an arrangement to serve the customer
outside the home service provider’s licensed service area.
(7) "Designated data base provider" means a person
representing all the political subdivisions of the state that is:
(a) Responsible for providing an electronic data base
prescribed in 4 U.S.C. Sec. 119(a) if the state has not
provided an electronic data base; and
(b) Approved by municipal and county associations or
leagues of the state whose responsibility it would otherwise
be to provide a data base prescribed by 4 U.S.C. Secs. 116
through 126.
(8) "Enhanced zip code" means a United States postal
zip code of nine or more digits.
(9) "Home service provider" means the facilities-based
carrier or reseller with whom the customer contracts for the
provision of mobile telecommunications services.
(10) "Licensed service area" means the geographic area
in which the home service provider is authorized by law or
contract to provide commercial mobile radio service to the
customer.
(11) "Mobile telecommunications service" means
commercial mobile radio service, as defined in section 20.3,
Title 47 C.F.R. as in effect on June 1, 1999.
(12) "Mobile telecommunications service provider"
means a home service provider or a serving carrier.
(13) "Place of primary use" means the street address
representative of where the customer’s use of the mobile
telecommunications service primarily occurs, which must be:
(a) The residential street address or the primary business
street address of the customer; and
(b) Within the licensed service area of the home service
provider.
(14) "Prepaid telephone calling service" means the right
to purchase exclusively telecommunications services that
must be paid for in advance, that enables the origination of
calls using an access number, authorization code, or both,
whether manually or electronically dialed, if the remaining
amount of units of service that have been prepaid is known
by the provider of the prepaid service on a continuous basis.
(15) "Reseller" means a provider who purchases
telecommunications services from another telecommunications service provider and then resells, uses as a component
part of, or integrates the purchased services into a mobile
telecommunications service. "Reseller" does not include a
serving carrier with whom a home service provider arranges
for the services to its customers outside the home service
provider’s licensed service area.
[Title 82 RCW—page 16]
(16) "Serving carrier" means a facilities-based carrier
providing mobile telecommunications service to a customer
outside a home service provider’s or reseller’s licensed
service area.
(17) "Taxing jurisdiction" means any of the several
states, the District of Columbia, or any territory or possession of the United States, any municipality, city, county,
township, parish, transportation district, or assessment
jurisdiction, or other political subdivision within the territorial limits of the United States with the authority to impose
a tax, charge, or fee. [2002 c 67 § 2; 1997 c 304 § 5; 1983
2nd ex.s. c 3 § 24.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
Findings—Severability—Effective date—1997 c 304: See notes
following RCW 35.21.717.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
License fees or taxes on telephone business by cities: RCW 35.21.712
through 35.21.715.
Sales tax exemption for certain network telephone service: RCW
82.08.0289.
82.04.065 "Competitive telephone service," "network telephone service," "telephone service," "telephone
business." (Contingent effective date.) (1) "Competitive
telephone service" means the providing by any person of
telecommunications equipment or apparatus, or service
related to that equipment or apparatus such as repair or
maintenance service, if the equipment or apparatus is of a
type which can be provided by persons that are not subject
to regulation as telephone companies under Title 80 RCW
and for which a separate charge is made.
(2) "Network telephone service" means the providing by
any person of access to a local telephone network, local
telephone network switching service, toll service, or coin
telephone services, or the providing of telephonic, video,
data, or similar communication or transmission for hire, via
a local telephone network, toll line or channel, cable,
microwave, or similar communication or transmission
system. "Network telephone service" includes interstate service, including toll service, originating from or received on
telecommunications equipment or apparatus in this state if
the charge for the service is billed to a person in this state.
"Network telephone service" includes the provision of
transmission to and from the site of an internet provider via
a local telephone network, toll line or channel, cable,
microwave, or similar communication or transmission
system. "Network telephone service" does not include the
providing of competitive telephone service, the providing of
cable television service, the providing of broadcast services
by radio or television stations, nor the provision of internet
service as defined in RCW 82.04.297, including the reception of dial-in connection, provided at the site of the internet
service provider.
(3) "Telephone service" means competitive telephone
service or network telephone service, or both, as defined in
subsections (1) and (2) of this section.
(4) "Telephone business" means the business of providing network telephone service, as defined in subsection (2)
of this section. It includes cooperative or farmer line
(2002 Ed.)
Business and Occupation Tax
telephone companies or associations operating an exchange.
[1997 c 304 § 5; 1983 2nd ex.s. c 3 § 24.]
Findings—Severability—Effective date—1997 c 304: See notes
following RCW 35.21.717.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
License fees or taxes on telephone business by cities: RCW 35.21.712
through 35.21.715.
Sales tax exemption for certain network telephone service: RCW
82.08.0289.
82.04.070 "Gross proceeds of sales." "Gross
proceeds of sales" means the value proceeding or accruing
from the sale of tangible personal property and/or for services rendered, without any deduction on account of the cost
of property sold, the cost of materials used, labor costs,
interest, discount paid, delivery costs, taxes, or any other
expense whatsoever paid or accrued and without any
deduction on account of losses. [1961 c 15 § 82.04.070.
Prior: 1955 c 389 § 8; prior: 1949 c 228 § 2, part; 1945 c
249 § 1, part; 1943 c 156 § 2, part; 1941 c 178 § 2, part;
1939 c 225 § 2, part; 1937 c 227 § 2, part; 1935 c 180 § 5,
part; Rem. Supp. 1949 § 8370-5, part.]
82.04.080 "Gross income of the business." "Gross
income of the business" means the value proceeding or
accruing by reason of the transaction of the business engaged
in and includes gross proceeds of sales, compensation for the
rendition of services, gains realized from trading in stocks,
bonds, or other evidences of indebtedness, interest, discount,
rents, royalties, fees, commissions, dividends, and other
emoluments however designated, all without any deduction
on account of the cost of tangible property sold, the cost of
materials used, labor costs, interest, discount, delivery costs,
taxes, or any other expense whatsoever paid or accrued and
without any deduction on account of losses. [1961 c 15 §
82.04.080. Prior: 1955 c 389 § 9; prior: 1949 c 228 § 2,
part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c 178
§ 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part; 1935
c 180 § 5, part; Rem. Supp. 1949 § 8370-5, part.]
82.04.090 "Value proceeding or accruing." "Value
proceeding or accruing" means the consideration, whether
money, credits, rights, or other property expressed in terms
of money, actually received or accrued. The term shall be
applied, in each case, on a cash receipts or accrual basis
according to which method of accounting is regularly
employed in keeping the books of the taxpayer. However,
persons operating grain warehouses licensed under chapter
22.09 RCW may elect to report the value proceeding or
accruing from grain warehouse operations on either a cash
receipts or accrual basis. The department of revenue may
provide by regulation that the value proceeding or accruing
from sales on the installment plan under conditional contracts of sale may be reported as of the dates when the
payments become due. [2001 c 20 § 1; 1975 1st ex.s. c 278
§ 40; 1961 c 15 § 82.04.090. Prior: 1955 c 389 § 10; prior:
1949 c 228 § 2, part; 1945 c 249 § 1, part; 1943 c 156 § 2,
part; 1941 c 178 § 2, part; 1939 c 225 § 2, part; 1937 c 227
§ 2, part; 1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5,
part.]
(2002 Ed.)
82.04.065
Effective date—2001 c 20: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 20 § 2.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.04.100 "Extractor." "Extractor" means every
person who from the person’s own land or from the land of
another under a right or license granted by lease or contract,
either directly or by contracting with others for the necessary
labor or mechanical services, for sale or for commercial or
industrial use mines, quarries, takes or produces coal, oil,
natural gas, ore, stone, sand, gravel, clay, mineral or other
natural resource product, or fells, cuts or takes timber,
Christmas trees other than plantation Christmas trees, or
other natural products, or takes fish, shellfish, or other sea or
inland water foods or products. "Extractor" does not include
persons performing under contract the necessary labor or
mechanical services for others; or persons meeting the
definition of farmer under RCW 82.04.213. [2001 c 118 §
1; 1987 c 23 § 3; 1985 c 148 § 2; 1965 ex.s. c 173 § 2;
1961 c 15 § 82.04.100. Prior: 1955 c 389 § 11; prior:
1949 c 228 § 2, part; 1945 c 249 § 1, part; 1943 c 156 § 2,
part; 1941 c 178 § 2, part; 1939 c 225 § 2, part; 1937 c 227
§ 2, part; 1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5,
part.]
Effective date—1965 ex.s. c 173: See note following RCW
82.04.050.
Withdrawal of gas from underground reservoir not deemed taking or
producing under RCW 82.04.100: RCW 80.40.010.
82.04.110 "Manufacturer." "Manufacturer" means
every person who, either directly or by contracting with
others for the necessary labor or mechanical services,
manufactures for sale or for commercial or industrial use
from his or her own materials or ingredients any articles,
substances or commodities. When the owner of equipment
or facilities furnishes, or sells to the customer prior to
manufacture, all or a portion of the materials that become a
part or whole of the manufactured article, the department
shall prescribe equitable rules for determining tax liability:
PROVIDED, That a person who produces aluminum master
alloys is a processor for hire rather than a manufacturer,
regardless of the portion of the aluminum provided by that
person’s customer: PROVIDED FURTHER, That a nonresident of this state who is the owner of materials processed for
it in this state by a processor for hire shall not be deemed to
be engaged in business in this state as a manufacturer because of the performance of such processing work for it in
this state: PROVIDED FURTHER, That the owner of
materials from which a nuclear fuel assembly is made for it
by a processor for hire shall not be subject to tax under this
chapter as a manufacturer of the fuel assembly.
For the purposes of this section, "aluminum master
alloy" means an alloy registered with the Aluminum Association as a grain refiner or a hardener alloy using the American National Standards Institute designating system H35.3.
[1997 c 453 § 1; 1971 ex.s. c 186 § 1; 1961 c 15 §
82.04.110. Prior: 1955 c 389 § 12; prior: 1949 c 228 § 2,
part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c 178
[Title 82 RCW—page 17]
82.04.110
Title 82 RCW: Excise Taxes
§ 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part; 1935
c 180 § 5, part; Rem. Supp. 1949 § 8370-5, part.]
Effective date—1997 c 453: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 453 § 2.]
Effective date—1971 ex.s. c 186: "The effective date of this 1971
amendatory act is July 1, 1971." [1971 ex.s. c 186 § 5.]
82.04.120 "To manufacture." "To manufacture"
embraces all activities of a commercial or industrial nature
wherein labor or skill is applied, by hand or machinery, to
materials so that as a result thereof a new, different or useful
substance or article of tangible personal property is produced
for sale or commercial or industrial use, and shall include:
(1) The production or fabrication of special made or custom
made articles; (2) the production or fabrication of dental
appliances, devices, restorations, substitutes, or other dental
laboratory products by a dental laboratory or dental technician; (3) cutting, delimbing, and measuring of felled, cut, or
taken trees; and (4) crushing and/or blending of rock, sand,
stone, gravel, or ore.
"To manufacture" shall not include: Conditioning of
seed for use in planting; cubing hay or alfalfa; activities
which consist of cutting, grading, or ice glazing seafood
which has been cooked, frozen, or canned outside this state;
the growing, harvesting, or producing of agricultural products; or packing of agricultural products, including sorting,
washing, rinsing, grading, waxing, treating with fungicide,
packaging, chilling, or placing in controlled atmospheric
storage. [1999 sp.s. c 9 § 1; 1999 c 211 § 2; 1998 c 168 §
1; 1997 c 384 § 1; 1989 c 302 § 201. Prior: 1989 c 302 §
101; 1987 c 493 § 1; 1982 2nd ex.s. c 9 § 2; 1975 1st ex.s.
c 291 § 6; 1965 ex.s. c 173 § 3; 1961 c 15 § 82.04.120;
prior: 1959 ex.s. c 3 § 2; 1955 c 389 § 13; prior: 1949 c
228 § 2, part; 1945 c 249 § 1, part; 1943 c 156 § 2, part;
1941 c 178 § 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2,
part; 1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5, part.]
Intent—1999 sp.s. c 9: "This act is intended to clarify that this is the
intent of the legislature both retroactively and prospectively." [1999 sp.s.
c 9 § 4.]
Severability—1999 sp.s. c 9: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 sp.s. c 9 § 5.]
Effective date—1999 sp.s. c 9: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 7, 1999]." [1999 sp.s. c 9 § 6.]
Intent—1999 c 211 §§ 2 and 3: "The legislature intends that sections
2 and 3 of this act be clarifying in nature and are retroactive in response to
the administrative difficulties encountered in implementing the original
legislation." [1999 c 211 § 4.]
Effective date—1999 c 211 §§ 1-4: "Sections 1 through 4 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and take effect immediately [May 7, 1999]." [1999 c 211 § 7.]
Finding—Intent—1999 c 211: See note following RCW
82.08.02565.
Effective date—1998 c 168: "This act takes effect October 1, 1998."
[1998 c 168 § 4.]
Effective date—1997 c 384: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 384 § 3.]
[Title 82 RCW—page 18]
Finding—Purpose—1989 c 302: "(1) The legislature finds that
chapter 9, Laws of 1982 2nd ex. sess. was intended to extend state public
utility taxation to electrical energy generated in this state for eventual
distribution outside this state. The legislature further finds that chapter 9,
Laws of 1982 2nd ex. sess. was held unconstitutional by the Thurston
county superior court in Washington Water Power v. State of Washington
(memorandum opinion No. 83-2-00977-1). The purpose of *Part I of this
act is to recognize the effect of that decision by correcting the relevant
RCW sections to read as though the legislature had not enacted chapter 9,
Laws of 1982 2nd ex. sess., and thereby make clear the effect of subsequent
amendments in *Part II of this act.
(2) The purpose of *Part II of this act is to provide a constitutional
means of replacing the revenue lost as a result of the Washington Water
Power decision." [1989 c 302 § 1.]
*Reviser’s note: For "Part" division see 1989 c 302.
Effective date—1982 2nd ex.s. c 9: See note following RCW
82.16.010.
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
82.04.130 "Commercial or industrial use." "Commercial or industrial use" means the following uses of
products, including byproducts, by the extractor or manufacturer thereof:
(1) Any use as a consumer; and
(2) The manufacturing of articles, substances or commodities. [1967 ex.s. c 149 § 5; 1961 c 15 § 82.04.130.
Prior: 1955 c 389 § 14; prior: 1949 c 228 § 2, part; 1945
c 249 § 1, part; 1943 c 156 § 2, part; 1941 c 178 § 2, part;
1939 c 225 § 2, part; 1937 c 227 § 2, part; 1935 c 180 § 5,
part; Rem. Supp. 1949 § 8370-5, part.]
82.04.140 "Business." "Business" includes all
activities engaged in with the object of gain, benefit, or
advantage to the taxpayer or to another person or class,
directly or indirectly. [1961 c 15 § 82.04.140. Prior: 1955
c 389 § 15; prior: 1949 c 228 § 2, part; 1945 c 249 § 1,
part; 1943 c 156 § 2, part; 1941 c 178 § 2, part; 1939 c 225
§ 2, part; 1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem.
Supp. 1949 § 8370-5, part.]
82.04.150 "Engaging in business." "Engaging in
business" means commencing, conducting, or continuing in
business and also the exercise of corporate or franchise
powers as well as liquidating a business when the liquidators
thereof hold themselves out to the public as conducting such
business. [1961 c 15 § 82.04.150. Prior: 1955 c 389 § 16;
prior: 1949 c 228 § 2, part; 1945 c 249 § 1, part; 1943 c
156 § 2, part; 1941 c 178 § 2, part; 1939 c 225 § 2, part;
1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp. 1949
§ 8370-5, part.]
82.04.160 "Cash discount." "Cash discount" means
a deduction from the invoice price of goods or charge for
services which is allowed if the bill is paid on or before a
specified date. [1961 c 15 § 82.04.160. Prior: 1955 c 389
§ 17; prior: 1949 c 228 § 2, part; 1945 c 249 § 1, part;
1943 c 156 § 2, part; 1941 c 178 § 2, part; 1939 c 225 § 2,
part; 1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp.
1949 § 8370-5, part.]
82.04.170 "Tuition fee." "Tuition fee" includes
library, laboratory, health service and other special fees, and
(2002 Ed.)
Business and Occupation Tax
amounts charged for room and board by an educational
institution when the property or service for which such
charges are made is furnished exclusively to the students or
faculty of such institution. "Educational institution," as used
in this section, means only those institutions created or
generally accredited as such by the state and includes
educational programs that such educational institution cosponsors with a nonprofit organization, as defined by the
internal revenue code Sec. 501(c)(3), if such educational
institution grants college credit for coursework successfully
completed through the educational program, or an approved
branch campus of a foreign degree-granting institution in
compliance with chapter 28B.90 RCW, and in accordance
with RCW 82.04.4332 or defined as a degree-granting institution under RCW 28B.85.010(3) and accredited by an
accrediting association recognized by the United States
secretary of education, and offering to students an educational program of a general academic nature or those institutions
which are not operated for profit and which are privately
endowed under a deed of trust to offer instruction in trade,
industry, and agriculture, but not including specialty schools,
business colleges, other trade schools, or similar institutions.
[1993 sp.s. c 18 § 37; 1993 c 181 § 13; 1992 c 206 § 1;
1985 c 135 § 1; 1961 c 15 § 82.04.170. Prior: 1955 c 389
§ 18; prior: 1949 c 228 § 2, part; 1945 c 249 § 1, part;
1943 c 156 § 2, part; 1941 c 178 § 2, part; 1939 c 225 § 2,
part; 1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem. Supp.
1949 § 8370-5, part.]
Reviser’s note: This section was amended by 1993 c 181 § 13 and
by 1993 sp.s. c 18 § 37, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—1993 sp.s. c 18: See note following RCW
28B.10.265.
Effective dates—1992 c 206: "This act shall take effect July 1, 1992,
except sections 7 and 8 of this act which shall take effect January 1, 1993,
and sections 9 through 12 of this act which are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 1,
1992." [1992 c 206 § 16.]
82.04.180 "Successor." "Successor" means any
person to whom a taxpayer quitting, selling out, exchanging,
or disposing of a business sells or otherwise conveys,
directly or indirectly, in bulk and not in the ordinary course
of the taxpayer’s business, a major part of the materials,
supplies, merchandise, inventory, fixtures, or equipment of
the taxpayer. Any person obligated to fulfill the terms of a
contract shall be deemed a successor to any contractor defaulting in the performance of any contract as to which such
person is a surety or guarantor. [1985 c 414 § 6; 1961 c 15
§ 82.04.180. Prior: 1955 c 389 § 19; prior: 1949 c 228 §
2, part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c
178 § 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part;
1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5, part.]
82.04.190 "Consumer." "Consumer" means the
following:
(1) Any person who purchases, acquires, owns, holds,
or uses any article of tangible personal property irrespective
of the nature of the person’s business and including, among
others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real
(2002 Ed.)
82.04.170
or personal property of or for consumers other than for the
purpose (a) of resale as tangible personal property in the
regular course of business or (b) of incorporating such
property as an ingredient or component of real or personal
property when installing, repairing, cleaning, altering,
imprinting, improving, constructing, or decorating such real
or personal property of or for consumers or (c) of consuming
such property in producing for sale a new article of tangible
personal property or a new substance, of which such
property becomes an ingredient or component or as a
chemical used in processing, when the primary purpose of
such chemical is to create a chemical reaction directly
through contact with an ingredient of a new article being
produced for sale or (d) purchases for the purpose of
consuming the property purchased in producing ferrosilicon
which is subsequently used in producing magnesium for sale,
if the primary purpose of such property is to create a
chemical reaction directly through contact with an ingredient
of ferrosilicon;
(2)(a) Any person engaged in any business activity
taxable under RCW 82.04.290; (b) any person who purchases, acquires, or uses any telephone service as defined in
RCW 82.04.065, other than for resale in the regular course
of business; (c) any person who purchases, acquires, or uses
any service defined in RCW 82.04.050(2)(a) or any amusement and recreation service defined in RCW 82.04.050(3)(a),
other than for resale in the regular course of business; and
(d) any person who is an end user of software;
(3) Any person engaged in the business of contracting
for the building, repairing or improving of any street, place,
road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle
which is owned by a municipal corporation or political
subdivision of the state of Washington or by the United
States and which is used or to be used primarily for foot or
vehicular traffic including mass transportation vehicles of
any kind as defined in RCW 82.04.280, in respect to tangible
personal property when such person incorporates such
property as an ingredient or component of such publicly
owned street, place, road, highway, easement, right of way,
mass public transportation terminal or parking facility,
bridge, tunnel, or trestle by installing, placing or spreading
the property in or upon the right of way of such street, place,
road, highway, easement, bridge, tunnel, or trestle or in or
upon the site of such mass public transportation terminal or
parking facility;
(4) Any person who is an owner, lessee or has the right
of possession to or an easement in real property which is
being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business, excluding only
(a) municipal corporations or political subdivisions of the
state in respect to labor and services rendered to their real
property which is used or held for public road purposes, and
(b) the United States, instrumentalities thereof, and county
and city housing authorities created pursuant to chapter 35.82
RCW in respect to labor and services rendered to their real
property. Nothing contained in this or any other subsection
of this definition shall be construed to modify any other definition of "consumer";
(5) Any person who is an owner, lessee, or has the right
of possession to personal property which is being construct[Title 82 RCW—page 19]
82.04.190
Title 82 RCW: Excise Taxes
ed, repaired, improved, cleaned, imprinted, or otherwise
altered by a person engaged in business;
(6) Any person engaged in the business of constructing,
repairing, decorating, or improving new or existing buildings
or other structures under, upon, or above real property of or
for the United States, any instrumentality thereof, or a
county or city housing authority created pursuant to chapter
35.82 RCW, including the installing or attaching of any article of tangible personal property therein or thereto, whether
or not such personal property becomes a part of the realty by
virtue of installation; also, any person engaged in the
business of clearing land and moving earth of or for the
United States, any instrumentality thereof, or a county or city
housing authority created pursuant to chapter 35.82 RCW.
Any such person shall be a consumer within the meaning of
this subsection in respect to tangible personal property
incorporated into, installed in, or attached to such building
or other structure by such person;
(7) Any person who is a lessor of machinery and
equipment, the rental of which is exempt from the tax
imposed by RCW 82.08.020 under RCW 82.08.02565, with
respect to the sale of or charge made for tangible personal
property consumed in respect to repairing the machinery and
equipment, if the tangible personal property has a useful life
of less than one year. Nothing contained in this or any other
subsection of this section shall be construed to modify any
other definition of "consumer";
(8) Any person engaged in the business of cleaning up
for the United States, or its instrumentalities, radioactive
waste and other byproducts of weapons production and
nuclear research and development; and
(9) Until July 1, 2003, any person engaged in the
business of conducting environmental remedial action as
defined in RCW 82.04.2635(2). [2002 c 367 § 2. Prior:
1998 c 332 § 6; 1998 c 308 § 2; prior: 1996 c 173 § 2;
1996 c 148 § 4; 1996 c 112 § 2; 1995 1st sp.s. c 3 § 4; 1986
c 231 § 2; 1985 c 134 § 1; 1983 2nd ex.s. c 3 § 27; 1975
1st ex.s. c 90 § 2; 1971 ex.s. c 299 § 4; 1969 ex.s. c 255 §
4; 1967 ex.s. c 149 § 6; 1965 ex.s. c 173 § 4; 1961 c 15 §
82.04.190; prior: 1959 ex.s. c 3 § 3; 1957 c 279 § 2; 1955
c 389 § 20; prior: 1949 c 228 § 2, part; 1945 c 249 § 1,
part; 1943 c 156 § 2, part; 1941 c 178 § 2, part; 1939 c 225
§ 2, part; 1937 c 227 § 2, part; 1935 c 180 § 5, part; Rem.
Supp. 1949 § 8370-5, part.]
Severability—Effective date—2002 c 367: See notes following
RCW 82.04.060.
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
Effective dates—1998 c 308: See note following RCW 82.04.050.
Findings—Intent—1996 c 173: See note following RCW
82.08.02565.
Severability—Effective date—1996 c 148: See notes following
RCW 82.04.050.
Effective date—1996 c 112: See note following RCW 82.04.050.
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Application to preexisting contracts—1975 1st ex.s. c 90: See note
following RCW 82.12.010.
Effective date—1975 1st ex.s. c 90: See note following RCW
82.04.050.
[Title 82 RCW—page 20]
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
Construction—Severability—1969 ex.s. c 255: See notes following
RCW 35.58.272.
82.04.200 "In this state," "within this state." "In
this state" or "within this state" includes all federal areas
lying within the exterior boundaries of the state. [1961 c 15
§ 82.04.200. Prior: 1955 c 389 § 21; prior: 1949 c 228 §
2, part; 1945 c 249 § 1, part; 1943 c 156 § 2, part; 1941 c
178 § 2, part; 1939 c 225 § 2, part; 1937 c 227 § 2, part;
1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5, part.]
82.04.210 "Byproduct." "Byproduct" means any
additional product, other than the principal or intended
product, which results from extracting or manufacturing
activities and which has a market value, without regard to
whether or not such additional product was an expected or
intended result of the extracting or manufacturing activities.
[1961 c 15 § 82.04.210. Prior: 1955 c 389 § 22; prior:
1949 c 228 § 2, part; 1945 c 249 § 1, part; 1943 c 156 § 2,
part; 1941 c 178 § 2, part; 1939 c 225 § 2, part; 1937 c 227
§ 2, part; 1935 c 180 § 5, part; Rem. Supp. 1949 § 8370-5,
part.]
82.04.212 "Retail store or outlet." "Retail store or
outlet" does not mean a device or apparatus through which
sales are activated by coin deposits but the phrase shall
include automats or business establishments retailing diversified goods primarily through the use of such devices or
apparatus. [1961 c 15 § 82.04.212. Prior: 1959 c 232 § 1.]
82.04.213 "Agricultural product," "farmer." (1)
"Agricultural product" means any product of plant cultivation
or animal husbandry including, but not limited to: A product
of horticulture, grain cultivation, vermiculture, viticulture, or
aquaculture as defined in RCW 15.85.020; plantation
Christmas trees; short-rotation hardwoods as defined in RCW
84.33.035; turf; or any animal including but not limited to an
animal that is a private sector cultured aquatic product as
defined in RCW 15.85.020, or a bird, or insect, or the
substances obtained from such an animal. "Agricultural
product" does not include animals defined as pet animals
under RCW 16.70.020.
(2) "Farmer" means any person engaged in the business
of growing, raising, or producing, upon the person’s own
lands or upon the lands in which the person has a present
right of possession, any agricultural product to be sold.
"Farmer" does not include a person growing, raising, or
producing such products for the person’s own consumption;
a person selling any animal or substance obtained therefrom
in connection with the person’s business of operating a
stockyard or a slaughter or packing house; or a person in
respect to the business of taking, cultivating, or raising
timber. [2001 c 118 § 2; 2001 c 97 § 3; 1993 sp.s. c 25 §
302.]
Reviser’s note: This section was amended by 2001 c 97 § 3 and by
2001 c 118 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
(2002 Ed.)
Business and Occupation Tax
82.04.214 "Newspaper." "Newspaper" means a
publication issued regularly at stated intervals at least twice
a month and printed on newsprint in tabloid or broadsheet
format folded loosely together without stapling, glue, or any
other binding of any kind. [1994 c 22 § 1; 1993 sp.s. c 25
§ 304.]
Retroactive application—1994 c 22: "This act shall apply retroactively to July 1, 1993." [1994 c 22 § 2.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
82.04.215 "Canned software," "custom software,"
"customization of canned software," "master copies,"
"retained rights," "software." (1) "Canned software"
means software that is created for sale to more than one
person.
(2) "Custom software" means software created for a
single person.
(3) "Customization of canned software" means any
alteration, modification, or development of applications using
or incorporating canned computer software for a specific
person. "Customization of canned software" includes
individualized configuration of software to work with other
software and computer hardware but does not include routine
installation. Customization of canned software does not
change the underlying character or taxability of the original
canned software.
(4) "Master copies" of software means copies of
software from which a software developer, author, inventor,
publisher, licensor, sublicensor, or distributor makes copies
for sale or license.
(5) "Retained rights" means any and all rights, including
intellectual property rights such as those rights arising from
copyrights, patents, and trade secret laws, that are owned or
are held under contract or license by a software developer,
author, inventor, publisher, licensor, sublicensor, or distributor.
(6) "Software" means any information, program, or
routine, or any set of one or more programs, routines, or
collections of information used, or intended for use, to
convey information that causes one or more computers or
pieces of computer-related peripheral equipment, or any
combination thereof, to perform a task or set of tasks.
"Software" includes only those copies of such information,
programs, or routines intended for use by an end user and
specifically excludes retained rights in software and master
copies of software. "Software" includes the associated
documentation that describes the code and its use, operation,
and maintenance and typically is delivered with the code to
the consumer. All software is classified as either canned or
custom. [1998 c 332 § 3.]
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
82.04.220 Business and occupation tax imposed.
There is levied and shall be collected from every person a
tax for the act or privilege of engaging in business activities.
Such tax shall be measured by the application of rates
against value of products, gross proceeds of sales, or gross
income of the business, as the case may be. [1961 c 15 §
82.04.220. Prior: 1955 c 389 § 42; prior: 1950 ex.s. c 5 §
1, part; 1949 c 228 § 1, part; 1943 c 156 § 1, part; 1941 c
(2002 Ed.)
82.04.214
178 § 1, part; 1939 c 225 § 1, part; 1937 c 227 § 1, part;
1935 c 180 § 4, part; Rem. Supp. 1949 § 8370-4, part.]
82.04.230 Tax upon extractors. Upon every person
engaging within this state in business as an extractor; as to
such persons the amount of the tax with respect to such
business shall be equal to the value of the products, including byproducts, extracted for sale or for commercial or
industrial use, multiplied by the rate of 0.484 percent.
The measure of the tax is the value of the products,
including byproducts, so extracted, regardless of the place of
sale or the fact that deliveries may be made to points outside
the state. [1993 sp.s. c 25 § 101; 1971 ex.s. c 281 § 2; 1969
ex.s. c 262 § 33; 1967 ex.s. c 149 § 7; 1961 c 15 §
82.04.230. Prior: 1955 c 389 § 43; prior: 1950 ex.s. c 5 §
1, part; 1949 c 228 § 1, part; 1943 c 156 § 1, part; 1941 c
178 § 1, part; 1939 c 225 § 1, part; 1937 c 227 § 1, part;
1935 c 180 § 4, part; Rem. Supp. 1949 § 8370-4, part.]
Severability—1993 sp.s. c 25: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 sp.s. c 25 § 1002.]
Effective dates—1993 sp.s. c 25: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1993, except:
(1) Sections 901 and 902 of this act take effect immediately [May 28,
1993].
(2) Sections 601 through 603 of this act take effect January 1, 1994."
[1993 sp.s. c 25 § 1003.]
Part headings, captions not law—1993 sp.s. c 25: "Part headings
and captions as used in this act constitute no part of the law." [1993 sp.s.
c 25 § 1004.]
82.04.240 Tax on manufacturers. Upon every
person except persons taxable under RCW 82.04.260 (1), (2),
(4), (5), or (6) engaging within this state in business as a
manufacturer; as to such persons the amount of the tax with
respect to such business shall be equal to the value of the
products, including byproducts, manufactured, multiplied by
the rate of 0.484 percent.
The measure of the tax is the value of the products,
including byproducts, so manufactured regardless of the
place of sale or the fact that deliveries may be made to
points outside the state. [1998 c 312 § 3; 1993 sp.s. c 25 §
102; 1981 c 172 § 1; 1979 ex.s. c 196 § 1; 1971 ex.s. c 281
§ 3; 1969 ex.s. c 262 § 34; 1967 ex.s. c 149 § 8; 1965 ex.s.
c 173 § 5; 1961 c 15 § 82.04.240. Prior: 1959 c 211 § 1;
1955 c 389 § 44; prior: 1950 ex.s. c 5 § 1, part; 1949 c 228
§ 1, part; 1943 c 156 § 1, part; 1941 c 178 § 1, part; 1939
c 225 § 1, part; 1937 c 227 § 1, part; 1935 c 180 § 4, part;
Rem. Supp. 1949 § 8370-4, part.]
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective dates—1981 c 172: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1981, except section 9 of this act shall take effect September
1, 1981, sections 7 and 8 of this act shall take effect October 1, 1981, and
section 10 of this act shall take effect July 1, 1983." [1981 c 172 § 12.]
Effective date—1979 ex.s. c 196: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
[Title 82 RCW—page 21]
82.04.240
Title 82 RCW: Excise Taxes
of the state government and its existing public institutions, and shall take
effect on July 1, 1979." [1979 ex.s. c 196 § 15.]
82.04.2403 Manufacturer tax not applicable to
cleaning fish. The tax imposed by RCW 82.04.240 does not
apply to cleaning fish. "Cleaning fish" means the removal
of the head, fins, or viscera from fresh fish without further
processing, other than freezing. [1994 c 167 § 1.]
Effective date—1994 c 167: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 30, 1994]." [1994 c 167 § 3.]
82.04.250 Tax on retailers. (1) Upon every person
except persons taxable under RCW 82.04.260(5), 82.04.272,
or subsection (2) of this section engaging within this state in
the business of making sales at retail, as to such persons, the
amount of tax with respect to such business shall be equal to
the gross proceeds of sales of the business, multiplied by the
rate of 0.471 percent.
(2) Upon every person engaging within this state in the
business of making sales at retail that are exempt from the
tax imposed under chapter 82.08 RCW by reason of RCW
82.08.0261, 82.08.0262, or 82.08.0263, as to such persons,
the amount of tax with respect to such business shall be
equal to the gross proceeds of sales of the business, multiplied by the rate of 0.484 percent. [1998 c 343 § 5; 1998 c
312 § 4; 1993 sp.s. c 25 § 103; 1981 c 172 § 2; 1971 ex.s.
c 281 § 4; 1971 ex.s. c 186 § 2; 1969 ex.s. c 262 § 35; 1967
ex.s. c 149 § 9; 1961 c 15 § 82.04.250. Prior: 1955 c 389
§ 45; prior: 1950 ex.s. c 5 § 1, part; 1949 c 228 § 1, part;
1943 c 156 § 1, part; 1941 c 178 § 1, part; 1939 c 225 § 1,
part; 1937 c 227 § 1, part; 1935 c 180 § 4, part; Rem. Supp.
1949 § 8370-4, part.]
Reviser’s note: This section was amended by 1998 c 312 § 4 and by
1998 c 343 § 5, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1971 ex.s. c 186: See note following RCW
82.04.110.
82.04.255 Tax on real estate brokers. Upon every
person engaging within the state as a real estate broker; as
to such persons, the amount of the tax with respect to such
business shall be equal to the gross income of the business,
multiplied by the rate of 1.5 percent.
The measure of the tax on real estate commissions
earned by the real estate broker shall be the gross commission earned by the particular real estate brokerage office
including that portion of the commission paid to salesmen or
associate brokers in the same office on a particular transaction: PROVIDED, HOWEVER, That where a real estate
commission is divided between an originating brokerage
office and a cooperating brokerage office on a particular
transaction, each brokerage office shall pay the tax only
upon their respective shares of said commission: AND
PROVIDED FURTHER, That where the brokerage office
[Title 82 RCW—page 22]
has paid the tax as provided herein, salesmen or associate
brokers within the same brokerage office shall not be required to pay a similar tax upon the same transaction. [1997
c 7 § 1; 1996 c 1 § 1; 1993 sp.s. c 25 § 202; 1985 c 32 § 2;
1983 2nd ex.s. c 3 § 1; 1983 c 9 § 1; 1970 ex.s. c 65 § 3.]
Savings—1997 c 7: "This act does not affect any existing right
acquired or liability or obligation incurred under the sections amended or
repealed in this act or under any rule or order adopted under those sections,
nor does it affect any proceeding instituted under those sections." [1997 c
7 § 6.]
Effective date—1997 c 7: "This act takes effect July 1, 1998." [1997
c 7 § 7.]
Effective date—1996 c 1: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect January
1, 1996." [1996 c 1 § 5.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Construction—1983 2nd ex.s. c 3: "This act shall not be construed
as affecting any existing right acquired or liability or obligation incurred
under the sections amended or repealed in this act or under any rule,
regulation, or order adopted under those sections, nor as affecting any
proceeding instituted under those sections." [1983 2nd ex.s. c 3 § 65.]
Severability—1983 2nd ex.s. c 3: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 2nd ex.s. c 3 § 66.]
Effective dates—1983 2nd ex.s. c 3: "(1) This act is necessary for
the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions and shall
take effect July 1, 1983, except that:
(a) Sections 42 through 50, and 52, 53, 65, and 66 of this act shall
take effect June 30, 1983;
(b) Sections 1 through 4 of this act shall take effect July 1, 1983,
except as provided in subsection (2) of this section;
(c) Sections 21, 22, and 51 of this act shall take effect January 1,
1984. Section 51 of this act shall be effective for property taxes levied in
1983 and due in 1984, and thereafter; and
(d) Section 63 of this act shall take effect April 1, 1985, and shall be
effective in respect to taxable activities occurring on and after April 1, 1985;
and
(e) The extension under this act of the retail sales tax to certain sales
of telephone service shall apply to telephone service billed on or after July
1, 1983, whether or not such service was rendered before that date.
(f) Sections 61 and 62 of this act shall take effect on the day either of
the following events occurs, whichever is earlier:
(i) A temporary or permanent injunction or order becomes effective
which prohibits in whole or in part the collection of taxes at the rates
specified in section 6, chapter 7, Laws of 1983; or
(ii) A decision of a court in this state invalidating in whole or in part
section 6, chapter 7, Laws of 1983, becomes final.
(2) The legislature finds that the amendments contained in sections 1
through 4 of this act constitute an integrated and inseparable entity and if
any one or more of those sections does not become law, the remaining
sections shall not take effect. If sections 1 through 4 of this act do not
become law, the governor shall in that event reduce approved allotments
under RCW 43.88.110 for the 1983-85 biennium by four percent." [1983
2nd ex.s. c 3 § 67.]
Reviser’s note: (1) "Sections 42 through 50 and 52" consist of the
1983 2nd ex.s. c 3 amendments to RCW 82.49.010, 88.02.020, 88.02.030,
88.02.050, and 88.02.110 and the enactment of RCW 43.51.400, 82.49.020,
82.49.070, 88.02.070, and 88.02.080. "Section 53" consists of the
enactment of a new section which appears as a footnote to RCW 88.02.020,
and "sections 65 and 66" consist of the enactment of new sections which
appear as footnotes to RCW 82.04.255 above.
(2) "Sections 1 through 4" consist of the 1983 2nd ex.s. c 3 §§ 1-4
amendments to RCW 82.04.255, 82.04.290, 82.04.2904, and 82.04.2901,
respectively.
(3) "Sections 21, 22, and 51" consist of the 1983 2nd ex.s. c 3
amendments to RCW 82.48.010, 82.48.030, and 84.36.080, respectively.
(4) "Section 63" consists of the 1983 2nd ex.s. c 3 amendment to
RCW 82.32.045.
(2002 Ed.)
Business and Occupation Tax
(5) "Sections 61 and 62" consist of the 1983 2nd ex.s. c 3 §§ 61 and
62 amendments to RCW 82.04.2901 and 82.08.020, respectively. For the
effective date of sections 61 and 62, see Bond v. Burrows, 103 Wn.2d 153
(1984).
Construction—1983 c 9: "This act shall not be construed as affecting
any existing right acquired or liability or obligation incurred under the
sections amended in this act, nor any rule, regulation, or order adopted nor
any proceeding instituted under those sections." [1983 c 9 § 6.]
Severability—1983 c 9: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1983 c 9 § 7.]
Effective date—1983 c 9: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions and shall take effect March
1, 1983. The additional taxes and tax rate changes imposed under this act
shall take effect on the dates designated in this act notwithstanding the date
this act becomes law under Article III, section 12 of the state Constitution."
[1983 c 9 § 8.]
Effective date—Severability—1970 ex.s. c 65: See notes following
RCW 82.03.050.
82.04.260 Tax on manufacturers and processors of
various foods and by-products—Research and development organizations—Nuclear fuel assemblies—Travel
agents—Certain international activities—Stevedoring and
associated activities—Low-level waste disposers—
Insurance agents, brokers, and solicitors—Hospitals. (1)
Upon every person engaging within this state in the business
of manufacturing:
(a) Wheat into flour, barley into pearl barley, soybeans
into soybean oil, canola into canola oil, canola meal, or
canola byproducts, or sunflower seeds into sunflower oil; as
to such persons the amount of tax with respect to such
business shall be equal to the value of the flour, pearl barley,
oil, canola meal, or canola byproduct manufactured, multiplied by the rate of 0.138 percent;
(b) Seafood products which remain in a raw, raw frozen,
or raw salted state at the completion of the manufacturing by
that person; as to such persons the amount of tax with
respect to such business shall be equal to the value of the
products manufactured, multiplied by the rate of 0.138
percent;
(c) By canning, preserving, freezing, processing, or
dehydrating fresh fruits and vegetables, or selling at wholesale fresh fruits and vegetables canned, preserved, frozen,
processed, or dehydrated by the seller and sold to purchasers
who transport in the ordinary course of business the goods
out of this state; as to such persons the amount of tax with
respect to such business shall be equal to the value of the
products canned, preserved, frozen, processed, or dehydrated
multiplied by the rate of 0.138 percent. As proof of sale to
a person who transports in the ordinary course of business
goods out of this state, the seller shall annually provide a
statement in a form prescribed by the department and retain
the statement as a business record; and
(d) Dairy products that as of September 20, 2001, are
identified in 21 C.F.R., chapter 1, parts 131, 133, and 135,
including byproducts from the manufacturing of the dairy
products such as whey and casein; or selling the same to
purchasers who transport in the ordinary course of business
the goods out of state; as to such persons the tax imposed
shall be equal to the value of the products manufactured
multiplied by the rate of 0.138 percent. As proof of sale to
(2002 Ed.)
82.04.255
a person who transports in the ordinary course of business
goods out of this state, the seller shall annually provide a
statement in a form prescribed by the department and retain
the statement as a business record.
(2) Upon every person engaging within this state in the
business of splitting or processing dried peas; as to such
persons the amount of tax with respect to such business shall
be equal to the value of the peas split or processed, multiplied by the rate of 0.138 percent.
(3) Upon every nonprofit corporation and nonprofit
association engaging within this state in research and
development, as to such corporations and associations, the
amount of tax with respect to such activities shall be equal
to the gross income derived from such activities multiplied
by the rate of 0.484 percent.
(4) Upon every person engaging within this state in the
business of slaughtering, breaking and/or processing perishable meat products and/or selling the same at wholesale only
and not at retail; as to such persons the tax imposed shall be
equal to the gross proceeds derived from such sales multiplied by the rate of 0.138 percent.
(5) Upon every person engaging within this state in the
business of making sales, at retail or wholesale, of nuclear
fuel assemblies manufactured by that person, as to such
persons the amount of tax with respect to such business shall
be equal to the gross proceeds of sales of the assemblies
multiplied by the rate of 0.275 percent.
(6) Upon every person engaging within this state in the
business of manufacturing nuclear fuel assemblies, as to such
persons the amount of tax with respect to such business shall
be equal to the value of the products manufactured multiplied by the rate of 0.275 percent.
(7) Upon every person engaging within this state in the
business of acting as a travel agent or tour operator; as to
such persons the amount of the tax with respect to such
activities shall be equal to the gross income derived from
such activities multiplied by the rate of 0.275 percent.
(8) Upon every person engaging within this state in
business as an international steamship agent, international
customs house broker, international freight forwarder, vessel
and/or cargo charter broker in foreign commerce, and/or
international air cargo agent; as to such persons the amount
of the tax with respect to only international activities shall be
equal to the gross income derived from such activities
multiplied by the rate of 0.275 percent.
(9) Upon every person engaging within this state in the
business of stevedoring and associated activities pertinent to
the movement of goods and commodities in waterborne
interstate or foreign commerce; as to such persons the
amount of tax with respect to such business shall be equal to
the gross proceeds derived from such activities multiplied by
the rate of 0.275 percent. Persons subject to taxation under
this subsection shall be exempt from payment of taxes
imposed by chapter 82.16 RCW for that portion of their
business subject to taxation under this subsection. Stevedoring and associated activities pertinent to the conduct of
goods and commodities in waterborne interstate or foreign
commerce are defined as all activities of a labor, service or
transportation nature whereby cargo may be loaded or
unloaded to or from vessels or barges, passing over, onto or
under a wharf, pier, or similar structure; cargo may be
moved to a warehouse or similar holding or storage yard or
[Title 82 RCW—page 23]
82.04.260
Title 82 RCW: Excise Taxes
area to await further movement in import or export or may
move to a consolidation freight station and be stuffed,
unstuffed, containerized, separated or otherwise segregated
or aggregated for delivery or loaded on any mode of
transportation for delivery to its consignee. Specific activities included in this definition are: Wharfage, handling,
loading, unloading, moving of cargo to a convenient place of
delivery to the consignee or a convenient place for further
movement to export mode; documentation services in
connection with the receipt, delivery, checking, care, custody
and control of cargo required in the transfer of cargo;
imported automobile handling prior to delivery to consignee;
terminal stevedoring and incidental vessel services, including
but not limited to plugging and unplugging refrigerator
service to containers, trailers, and other refrigerated cargo
receptacles, and securing ship hatch covers.
(10) Upon every person engaging within this state in the
business of disposing of low-level waste, as defined in RCW
43.145.010; as to such persons the amount of the tax with
respect to such business shall be equal to the gross income
of the business, excluding any fees imposed under chapter
43.200 RCW, multiplied by the rate of 3.3 percent.
If the gross income of the taxpayer is attributable to
activities both within and without this state, the gross income
attributable to this state shall be determined in accordance
with the methods of apportionment required under RCW
82.04.460.
(11) Upon every person engaging within this state as an
insurance agent, insurance broker, or insurance solicitor
licensed under chapter 48.17 RCW; as to such persons, the
amount of the tax with respect to such licensed activities
shall be equal to the gross income of such business multiplied by the rate of 0.484 percent.
(12) Upon every person engaging within this state in
business as a hospital, as defined in chapter 70.41 RCW, that
is operated as a nonprofit corporation or by the state or any
of its political subdivisions, as to such persons, the amount
of tax with respect to such activities shall be equal to the
gross income of the business multiplied by the rate of 0.75
percent through June 30, 1995, and 1.5 percent thereafter.
The moneys collected under this subsection shall be deposited in the health services account created under RCW
43.72.900. [2001 2nd sp.s. c 25 § 2. Prior: 1998 c 312 §
5; 1998 c 311 § 2; prior: 1998 c 170 § 4; 1996 c 148 § 2;
1996 c 115 § 1; prior: 1995 2nd sp.s. c 12 § 1; 1995 2nd
sp.s. c 6 § 1; 1993 sp.s. c 25 § 104; 1993 c 492 § 304; 1991
c 272 § 15; 1990 c 21 § 2; 1987 c 139 § 1; prior: 1985 c
471 § 1; 1985 c 135 § 2; 1983 2nd ex.s. c 3 § 5; prior:
1983 1st ex.s. c 66 § 4; 1983 1st ex.s. c 55 § 4; 1982 2nd
ex.s. c 13 § 1; 1982 c 10 § 16; prior: 1981 c 178 § 1; 1981
c 172 § 3; 1979 ex.s. c 196 § 2; 1975 1st ex.s. c 291 § 7;
1971 ex.s. c 281 § 5; 1971 ex.s. c 186 § 3; 1969 ex.s. c 262
§ 36; 1967 ex.s. c 149 § 10; 1965 ex.s. c 173 § 6; 1961 c 15
§ 82.04.260; prior: 1959 c 211 § 2; 1955 c 389 § 46; prior:
1953 c 91 § 4; 1951 2nd ex.s. c 28 § 4; 1950 ex.s. c 5 § 1,
part; 1949 c 228 § 1, part; 1943 c 156 § 1, part; 1941 c 178
§ 1, part; 1939 c 225 § 1, part; 1937 c 227 § 1, part; 1935
c 180 § 4, part; Rem. Supp. 1949 § 8370-4, part.]
Purpose—Intent—2001 2nd sp.s. c 25: "The purpose of sections 2
and 3 of this act is to provide a tax rate for persons who manufacture dairy
products that is commensurate to the rate imposed on certain other
processors of agricultural commodities. This tax rate applies to persons who
[Title 82 RCW—page 24]
manufacture dairy products from raw materials such as fluid milk,
dehydrated milk, or byproducts of milk such as cream, buttermilk, whey,
butter, or casein. It is not the intent of the legislature to provide this tax
rate to persons who use dairy products as an ingredient or component of
their manufactured product, such as milk-based soups or pizza. It is the
intent that persons who manufacture products such as milk, cheese, yogurt,
ice cream, whey, or whey products be subject to this rate." [2001 2nd sp.s.
c 25 § 1.]
Part headings not law—2001 2nd sp.s. c 25: "Part headings used
in this act are not any part of the law." [2001 2nd sp.s. c 25 § 7.]
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Effective date—1998 c 170: See note following RCW 82.04.331.
Severability—Effective date—1996 c 148: See notes following
RCW 82.04.050.
Effective date—1996 c 115: "This act shall take effect July 1, 1996."
[1996 c 115 § 2.]
Effective date—1995 2nd sp.s. c 12: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 12 § 2.]
Effective date—1995 2nd sp.s. c 6: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 6 § 2.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective dates—1991 c 272: See RCW 81.108.901.
Severability—1985 c 471: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 471 § 17.]
Effective date—1985 c 471: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 471 § 18.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
Severability—1982 2nd ex.s. c 13: "If any provision of this act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1982 2nd ex.s. c 13 § 2.]
Effective date—1982 2nd ex.s. c 13: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect August 1, 1982." [1982 2nd ex.s. c 13 § 3.]
Severability—1982 c 10: See note following RCW 6.13.080.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1979 ex.s. c 196: See note following RCW
82.04.240.
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Effective date—1971 ex.s. c 186: See note following RCW
82.04.110.
Low-level waste disposal rate regulation study: RCW 81.04.520.
82.04.263 Tax on cleaning up radioactive waste and
other byproducts of weapons production and nuclear
research and development. Upon every person engaging
within this state in the business of cleaning up for the United
States, or its instrumentalities, radioactive waste and other
(2002 Ed.)
Business and Occupation Tax
byproducts of weapons production and nuclear research and
development; as to such persons the amount of the tax with
respect to such business shall be equal to the value of the
gross income of the business multiplied by the rate of 0.471
percent.
For the purposes of this chapter, "cleaning up radioactive waste and other byproducts of weapons production and
nuclear research and development" means the activities of
handling, storing, treating, immobilizing, stabilizing, or disposing of radioactive waste, radioactive tank waste and
capsules, nonradioactive hazardous solid and liquid wastes,
or spent nuclear fuel; spent nuclear fuel conditioning;
removal of contamination in soils and ground water; decontamination and decommissioning of facilities; and activities
integral and necessary to the direct performance of cleanup.
[1996 c 112 § 3.]
Effective date—1996 c 112: See note following RCW 82.04.050.
82.04.2635 Tax on environmental remedial action—
Certifications of eligibility—Response—Notice to persons
at site—Reports—Penalties—Waiver. (Expires July 1,
2003.) (1) Upon every person engaging within this state in
the business of environmental remedial action, the amount of
tax with respect to such business shall be equal to the value
of the gross income of the business multiplied by the rate
0.471 percent.
(2) For purposes of this chapter, "environmental
remedial action" means:
(a) Those services related to the identification, investigation, or cleanup arising out of the release or threatened
release of hazardous substances that are conducted under
contract with the department of ecology or under an enforcement order, agreed order, or consent decree executed by the
department of ecology, or those services, when evaluated as
a whole, that are the substantial equivalent of a department
of ecology-conducted or supervised remedial action under
the model toxics control act, chapter 70.105D RCW; or
(b) Those services related to the identification, investigation, or cleanup of a facility that are conducted under
contract with the United States environmental protection
agency or under an order or consent decree executed by the
United States environmental protection agency, or that are
consistent with the national contingency plan adopted under
the comprehensive environmental response compensation and
liability act, 42 U.S.C. Sec. 9605 as it exists on July 1, 1998,
and those services are conducted at facilities that are
included on the national priorities list adopted under 42
U.S.C. Sec. 9605 as it exists on July 1, 1998, or at facilities
subject to a removal action authorized under 42 U.S.C. Sec.
9604 as it exists on July 1, 1998.
(3) A site is eligible for environmental remedial action
upon submittal, via certified mail to the department of
ecology and the department of revenue, of the following:
(a) A certification from the owner, the department of
ecology, or the United States environmental protection
agency, containing the following information:
(i) The location of the site, shown on a map and
identified by parcel number or numbers and street address;
(ii) The name and address and daytime phone number
of a contact person;
(2002 Ed.)
82.04.263
(iii) A statement that the proposed environmental
remedial actions will be conducted by the department of
ecology or its authorized contractor under chapter 70.105D
RCW or will be substantially equivalent to a department of
ecology-conducted or supervised remedial action under the
model toxics control act, chapter 70.105D RCW, or will be
conducted by the United States environmental protection
agency or its authorized contractor or will be consistent with
the national contingency plan under 42 U.S.C. Sec. 9605 as
it exists on July 1, 1998; and
(iv) A description of the proposed environmental
remedial actions to be taken; and
(b)(i) A certification from a certified underground
storage tank service supervisor as authorized in chapter
90.76 RCW, from a professional engineer licensed in the
state of Washington, or from an environmental professional
who subscribes to a code of professional responsibility
administered by a recognized organization representing such
professions containing the following information:
(A) Confirmation that an environmental remedial action
as defined in this section is to be conducted at the site;
(B) The location of the site, shown on a map and
identified by parcel number or numbers and street address,
and the approximate location of the proposed environmental
remedial action; and
(C) The name, address, telephone number, and uniform
business identifier of the person providing the certification;
or
(ii) If applicable to the site, a copy of an enforcement
order, agreed order, or consent decree executed by the
department of ecology or the United States environmental
protection agency.
(4) The department of revenue shall respond in writing
to the owner within thirty days confirming receipt of the
certification, or certifications, of eligibility. Under RCW
82.32.330(3)(m), certification is subject to disclosure and
copies may be obtained from the department upon request.
The request shall be in writing and shall identify the site by
county and parcel number or numbers.
(5) The owner shall provide a copy of the confirmation
from the department of revenue to each person who renders
environmental remedial action at the site. Each person who
renders such action shall separately state the charges for
labor and services associated with the environmental remedial action.
(6) Upon completion of the environmental remedial
action, the owner shall submit to the department of ecology
a report documenting the environmental remedial actions
conducted at the site and documenting compliance with the
requirements of chapter 70.105D RCW.
(7) In addition to any other penalties, a person who files
a certificate with the department of ecology or the department of revenue that contains falsehoods or misrepresentations are subject to penalties authorized under chapter 18.43
or 90.76 RCW or RCW 9A.76.175. Also, a person who
improperly reports the person’s tax class shall be assessed a
penalty of fifty percent of the tax due, in addition to other
taxes or penalties, together with interest. The department of
revenue shall waive the penalty imposed under this section
if it finds that the falsehoods or misrepresentations or
improper reporting of the tax classification was due to
circumstances beyond the control of the person.
[Title 82 RCW—page 25]
82.04.2635
Title 82 RCW: Excise Taxes
(8) This section expires July 1, 2003. [2001 c 320 § 2;
1998 c 308 § 3.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Effective dates—1998 c 308: See note following RCW 82.04.050.
82.04.270 Tax on wholesalers. Upon every person
except persons taxable under RCW 82.04.260(5), 82.04.298,
or 82.04.272 engaging within this state in the business of
making sales at wholesale; as to such persons the amount of
tax with respect to such business shall be equal to the gross
proceeds of sales of such business multiplied by the rate of
0.484 percent. [2001 1st sp.s. c 9 § 3; (2001 1st sp.s. c 9 §
2 expired July 1, 2001); 1999 c 358 § 2. Prior: 1999 c 358
§ 1; 1998 c 343 § 2; 1998 c 329 § 1; 1998 c 312 § 6; 1994
c 124 § 2; 1993 sp.s. c 25 § 105; 1981 c 172 § 4; 1971 ex.s.
c 281 § 6; 1971 ex.s. c 186 § 4; 1969 ex.s. c 262 § 37; 1967
ex.s. c 149 § 11; 1961 c 15 § 82.04.270; prior: 1959 ex.s.
c 5 § 3; 1955 c 389 § 47; prior: 1950 ex.s. c 5 § 1, part;
1949 c 228 § 1, part; 1943 c 156 § 1, part; 1941 c 178 § 1,
part; 1939 c 225 § 1, part; 1937 c 227 § 1, part; 1935 c 180
§ 4, part; Rem. Supp. 1949 § 8370-4, part.]
Effective dates—2001 1st sp.s. c 9: See note following RCW
82.04.298.
Expiration dates—2001 1st sp.s. c 9: See note following RCW
82.04.290.
Effective date—1999 c 358 § 2: "Section 2 of this act takes effect
July 1, 2001." [1999 c 358 § 23.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—1998 c 329: "This act takes effect July 1, 1998."
[1998 c 329 § 2.]
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1971 ex.s. c 186: See note following RCW
82.04.110.
82.04.272 Tax on warehousing and reselling prescription drugs. (1) Upon every person engaging within
this state in the business of warehousing and reselling prescription drugs; as to such persons, the amount of the tax
shall be equal to the gross income of the business multiplied
by the rate of 0.138 percent.
(2) For the purposes of this section:
(a) "Prescription drug" has the same meaning as that
term is given in RCW 82.08.0281; and
(b) "Warehousing and reselling prescription drugs"
means the buying of prescription drugs from a manufacturer
or another wholesaler, and reselling of the drugs to persons
selling at retail or to hospitals, clinics, health care providers,
or other providers of health care services, by a wholesaler or
retailer who is registered with the federal drug enforcement
administration and licensed by the state board of pharmacy.
[1998 c 343 § 1.]
Effective date—1998 c 343: "This act takes effect July 1, 2001."
[1998 c 343 § 6.]
82.04.280 Tax on printers, publishers, highway
contractors, extracting or processing for hire, cold
[Title 82 RCW—page 26]
storage warehouse or storage warehouse operation,
insurance general agents, radio and television broadcasting, government contractors—Cold storage warehouse
defined—Storage warehouse defined—Periodical or
magazine defined. Upon every person engaging within this
state in the business of: (1) Printing, and of publishing
newspapers, periodicals, or magazines; (2) building, repairing
or improving any street, place, road, highway, easement,
right of way, mass public transportation terminal or parking
facility, bridge, tunnel, or trestle which is owned by a
municipal corporation or political subdivision of the state or
by the United States and which is used or to be used,
primarily for foot or vehicular traffic including mass transportation vehicles of any kind and including any readjustment, reconstruction or relocation of the facilities of any
public, private or cooperatively owned utility or railroad in
the course of such building, repairing or improving, the cost
of which readjustment, reconstruction, or relocation, is the
responsibility of the public authority whose street, place,
road, highway, easement, right of way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle
is being built, repaired or improved; (3) extracting for hire
or processing for hire; (4) operating a cold storage warehouse or storage warehouse, but not including the rental of
cold storage lockers; (5) representing and performing
services for fire or casualty insurance companies as an
independent resident managing general agent licensed under
the provisions of RCW 48.05.310; (6) radio and television
broadcasting, excluding network, national and regional
advertising computed as a standard deduction based on the
national average thereof as annually reported by the Federal
Communications Commission, or in lieu thereof by itemization by the individual broadcasting station, and excluding
that portion of revenue represented by the out-of-state
audience computed as a ratio to the station’s total audience
as measured by the 100 micro-volt signal strength and
delivery by wire, if any; (7) engaging in activities which
bring a person within the definition of consumer contained
in RCW 82.04.190(6); as to such persons, the amount of tax
on such business shall be equal to the gross income of the
business multiplied by the rate of 0.484 percent.
As used in this section, "cold storage warehouse" means
a storage warehouse used to store fresh and/or frozen
perishable fruits or vegetables, meat, seafood, dairy products,
or fowl, or any combination thereof, at a desired temperature
to maintain the quality of the product for orderly marketing.
As used in this section, "storage warehouse" means a
building or structure, or any part thereof, in which goods,
wares, or merchandise are received for storage for compensation, except field warehouses, fruit warehouses, fruit
packing plants, warehouses licensed under chapter 22.09
RCW, public garages storing automobiles, railroad freight
sheds, docks and wharves, and "self-storage" or "mini
storage" facilities whereby customers have direct access to
individual storage areas by separate entrance. "Storage
warehouse" does not include a building or structure, or that
part of such building or structure, in which an activity
taxable under RCW 82.04.272 is conducted.
As used in this section, "periodical or magazine" means
a printed publication, other than a newspaper, issued regularly at stated intervals at least once every three months,
including any supplement or special edition of the publica(2002 Ed.)
Business and Occupation Tax
tion. [1998 c 343 § 3; 1994 c 112 § 1; 1993 sp.s. c 25 §
303; 1993 sp.s. c 25 § 106; 1986 c 226 § 2; 1983 c 132 § 1;
1975 1st ex.s. c 90 § 3; 1971 ex.s. c 299 § 5; 1971 ex.s. c
281 § 7; 1970 ex.s. c 8 § 2. Prior: 1969 ex.s. c 262 § 38;
1969 ex.s. c 255 § 5; 1967 ex.s. c 149 § 13; 1963 c 168 §
1; 1961 c 15 § 82.04.280; prior: 1959 ex.s. c 5 § 4; 1959
ex.s. c 3 § 4; 1955 c 389 § 48; prior: 1950 ex.s. c 5 § 1,
part; 1949 c 228 § 1, part; 1943 c 156 § 1, part; 1941 c 178
§ 1, part; 1939 c 228 § 1, part; 1937 c 227 § 1, part; 1935
c 180 § 4, part; Rem. Supp. 1949 § 8370-4, part.]
Effective date—1998 c 343: See note following RCW 82.04.272.
Retroactive application—1994 c 112 § 1: "Section 1 of this act shall
apply retroactively to July 1, 1993." [1994 c 112 § 5.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective date—1986 c 226: See note following RCW 82.16.010.
Application to preexisting contracts—1975 1st ex.s. c 90: See note
following RCW 82.12.010.
Effective date—1975 1st ex.s. c 90: See note following RCW
82.04.050.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
82.04.290 Tax on international investment management services or other business or service activities.
(Effective until July 1, 2003.) (1) Upon every person
engaging within this state in the business of providing
international investment management services, as to such
persons, the amount of tax with respect to such business
shall be equal to the gross income or gross proceeds of sales
of the business multiplied by a rate of 0.275 percent.
(2) Upon every person engaging within this state in any
business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255,
82.04.260, 82.04.270, 82.04.298, 82.04.2905, 82.04.280,
82.04.2635, 82.04.2907, and 82.04.272, and subsection (1) of
this section; as to such persons the amount of tax on account
of such activities shall be equal to the gross income of the
business multiplied by the rate of 1.5 percent.
This section includes, among others, and without
limiting the scope hereof (whether or not title to materials
used in the performance of such business passes to another
by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of
service which does not constitute a "sale at retail" or a "sale
at wholesale." The value of advertising, demonstration, and
promotional supplies and materials furnished to an agent by
his principal or supplier to be used for informational,
educational and promotional purposes shall not be considered
a part of the agent’s remuneration or commission and shall
not be subject to taxation under this section. [2001 1st sp.s.
c 9 § 5; (2001 1st sp.s. c 9 § 4 expired July 1, 2001). Prior:
1998 c 343 § 4; 1998 c 331 § 2; 1998 c 312 § 8; 1998 c 308
§ 4; 1997 c 7 § 2; 1996 c 1 § 2; 1995 c 229 § 3; 1993 sp.s.
c 25 § 203; 1985 c 32 § 3; 1983 2nd ex.s. c 3 § 2; 1983 c
9 § 2; 1983 c 3 § 212; 1971 ex.s. c 281 § 8; 1970 ex.s. c 65
§ 4; 1969 ex.s. c 262 § 39; 1967 ex.s. c 149 § 14; 1963 ex.s.
c 28 § 2; 1961 c 15 § 82.04.290; prior: 1959 ex.s. c 5 § 5;
1955 c 389 § 49; prior: 1953 c 195 § 2; 1950 ex.s. c 5 § 1,
part; 1949 c 228 § 1, part; 1943 c 156 § 1, part; 1941 c 178
§ 1, part; 1939 c 225 § 1, part; 1937 c 227 § 1, part; 1935
c 180 § 4, part; Rem. Supp. 1949 § 8370-4, part.]
(2002 Ed.)
82.04.280
Expiration dates—2001 1st sp.s. c 9: "(1) Sections 2 and 4 of this
act expire July 1, 2001.
(2) Section 5 of this act expires July 1, 2003.
(3) Section 8 of this act expires July 22, 2001." [2001 1st sp.s. c 9
§ 10.]
Effective dates—2001 1st sp.s. c 9: See note following RCW
82.04.298.
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—1998 c 331: See note following RCW 82.04.2907.
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Effective dates—1998 c 308: See note following RCW 82.04.050.
Savings—Effective date—1997 c 7: See notes following RCW
82.04.255.
Effective date—1996 c 1: See note following RCW 82.04.255.
Effective date—1995 c 229: See note following RCW 82.04.293.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—Severability—Effective date—1983 c 9: See notes
following RCW 82.04.255.
82.04.290 Tax on international investment management services or other business or service activities.
(Effective July 1, 2003.) (1) Upon every person engaging
within this state in the business of providing international
investment management services, as to such persons, the
amount of tax with respect to such business shall be equal to
the gross income or gross proceeds of sales of the business
multiplied by a rate of 0.275 percent.
(2) Upon every person engaging within this state in any
business activity other than or in addition to those enumerated in RCW 82.04.230, 82.04.240, 82.04.250, 82.04.255,
82.04.260, 82.04.270, 82.04.298, 82.04.2905, 82.04.280,
82.04.2907, and 82.04.272, and subsection (1) of this
section; as to such persons the amount of tax on account of
such activities shall be equal to the gross income of the
business multiplied by the rate of 1.5 percent.
This section includes, among others, and without
limiting the scope hereof (whether or not title to materials
used in the performance of such business passes to another
by accession, confusion or other than by outright sale), persons engaged in the business of rendering any type of
service which does not constitute a "sale at retail" or a "sale
at wholesale." The value of advertising, demonstration, and
promotional supplies and materials furnished to an agent by
his principal or supplier to be used for informational,
educational and promotional purposes shall not be considered
a part of the agent’s remuneration or commission and shall
not be subject to taxation under this section. [2001 1st sp.s.
c 9 § 6; (2001 1st sp.s. c 9 § 4 expired July 1, 2001). Prior:
1998 c 343 § 4; 1998 c 331 § 2; 1998 c 312 § 8; 1998 c 308
§ 5; 1998 c 308 § 4; 1997 c 7 § 2; 1996 c 1 § 2; 1995 c 229
§ 3; 1993 sp.s. c 25 § 203; 1985 c 32 § 3; 1983 2nd ex.s. c
3 § 2; 1983 c 9 § 2; 1983 c 3 § 212; 1971 ex.s. c 281 § 8;
1970 ex.s. c 65 § 4; 1969 ex.s. c 262 § 39; 1967 ex.s. c 149
§ 14; 1963 ex.s. c 28 § 2; 1961 c 15 § 82.04.290; prior:
1959 ex.s. c 5 § 5; 1955 c 389 § 49; prior: 1953 c 195 § 2;
1950 ex.s. c 5 § 1, part; 1949 c 228 § 1, part; 1943 c 156 §
1, part; 1941 c 178 § 1, part; 1939 c 225 § 1, part; 1937 c
227 § 1, part; 1935 c 180 § 4, part; Rem. Supp. 1949 §
8370-4, part.]
[Title 82 RCW—page 27]
82.04.290
Title 82 RCW: Excise Taxes
Expiration dates—2001 1st sp.s. c 9: "(1) Sections 2 and 4 of this
act expire July 1, 2001.
(2) Section 5 of this act expires July 1, 2003.
(3) Section 8 of this act expires July 22, 2001." [2001 1st sp.s. c 9
§ 10.]
Effective dates—2001 1st sp.s. c 9: See note following RCW
82.04.298.
Effective date—1998 c 343: See note following RCW 82.04.272.
Effective date—1998 c 331: See note following RCW 82.04.2907.
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Effective dates—1998 c 308: See note following RCW 82.04.050.
Savings—Effective date—1997 c 7: See notes following RCW
82.04.255.
Effective date—1996 c 1: See note following RCW 82.04.255.
Effective date—1995 c 229: See note following RCW 82.04.293.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—Severability—Effective date—1983 c 9: See notes
following RCW 82.04.255.
82.04.29001 Creation and distribution of custom
software—Customization of canned software—Taxable
services. (1) The creation and distribution of custom
software is a service taxable under RCW 82.04.290(2).
Duplication of the software for the same person, or by the
same person for its own use, does not change the character
of the software.
(2) The customization of canned software is a service
taxable under RCW 82.04.290(2). [1998 c 332 § 4.]
Findings—Intent—1998 c 332: "The legislature finds that the
creation and customization of software is an area not fully addressed in our
excise tax statutes, and that certainty of tax treatment is essential to the
industry and consumers. Therefore, the intent of this act is to make the tax
treatment of software clear and certain for developers, programmers, and
consumers." [1998 c 332 § 1.]
Effective date—1998 c 332: "This act takes effect July 1, 1998."
[1998 c 332 § 9.]
82.04.2905 Tax on providing day care. Upon every
person engaging within this state in the business of providing
child care for periods of less than twenty-four hours; as to
such persons the amount of tax with respect to such business
shall be equal to the gross proceeds derived from such sales
multiplied by the rate of 0.484 percent. [1998 c 312 § 7.]
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
82.04.2907 Tax on royalties from granting intangible rights. Upon every person engaging within this state in
the business of receiving income from royalties or charges
in the nature of royalties for the granting of intangible rights,
such as copyrights, licenses, patents, or franchise fees, the
amount of tax with respect to such business shall be equal to
the gross income from royalties or charges in the nature of
royalties from the business multiplied by the rate of 0.484
percent.
"Royalties" means compensation for the use of intangible property, such as copyrights, patents, licenses, franchises,
trademarks, trade names, and similar items. It does not
include compensation for any natural resource or licensing
[Title 82 RCW—page 28]
of canned software to the end user. [2001 c 320 § 3; 1998
c 331 § 1.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Effective date—1998 c 331: "This act takes effect July 1, 1998."
[1998 c 331 § 3.]
82.04.293 International investment management
services—Definitions. For purposes of RCW 82.04.290:
(1) A person is engaged in the business of providing
international investment management services, if:
(a) Such person is engaged primarily in the business of
providing investment management services; and
(b) At least ten percent of the gross income of such
person is derived from providing investment management
services to any of the following: (i) Persons or collective
investment funds residing outside the United States; or (ii)
persons or collective investment funds with at least ten
percent of their investments located outside the United
States.
(2) "Investment management services" means investment
research, investment consulting, portfolio management, fund
administration, fund distribution, investment transactions, or
related investment services.
(3) "Collective investment fund" includes:
(a) A mutual fund or other regulated investment
company, as defined in section 851(a) of the internal revenue
code of 1986, as amended;
(b) An "investment company," as that term is used in
section 3(a) of the investment company act of 1940, as well
as any entity that would be an investment company for this
purpose but for the exemptions contained in section 3(c)(1)
or (11);
(c) An "employee benefit plan," which includes any
plan, trust, commingled employee benefit trust, or custodial
arrangement that is subject to the employee retirement
income security act of 1974, as amended, 29 U.S.C. Sec.
1001 et seq., or that is described in sections 125, 401, 403,
408, 457, and 501(c)(9) and (17) through (23) of the internal
revenue code of 1986, as amended, or a similar plan maintained by a state or local government, or a plan, trust, or
custodial arrangement established to self-insure benefits
required by federal, state, or local law;
(d) A fund maintained by a tax-exempt organization, as
defined in section 501(c)(3) of the internal revenue code of
1986, as amended, for operating, quasi-endowment, or
endowment purposes;
(e) Funds that are established for the benefit of such
tax-exempt organizations, such as charitable remainder trusts,
charitable lead trusts, charitable annuity trusts, or other
similar trusts; or
(f) Collective investment funds similar to those described in (a) through (e) of this subsection created under the
laws of a foreign jurisdiction.
(4) Investments are located outside the United States if
the underlying assets in which the investment constitutes a
beneficial interest reside or are created, issued or held
outside the United States. [1997 c 7 § 3; 1995 c 229 § 1.]
Savings—Effective date—1997 c 7: See notes following RCW
82.04.255.
Effective date—1995 c 229: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
(2002 Ed.)
Business and Occupation Tax
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 229 § 4.]
82.04.297 Internet services—Definitions. (1) The
provision of internet services is subject to tax under RCW
82.04.290(2).
(2) "Internet" means the international computer network
of both federal and nonfederal interoperable packet switched
data networks, including the graphical subnetwork called the
world wide web.
(3) "Internet service" means a service that includes
computer processing applications, provides the user with
additional or restructured information, or permits the user to
interact with stored information through the internet or a
proprietary subscriber network. "Internet service" includes
provision of internet electronic mail, access to the internet
for information retrieval, and hosting of information for
retrieval over the internet or the graphical subnetwork called
the world wide web. [2000 c 103 § 5; 1997 c 304 § 4.]
Findings—Severability—Effective date—1997 c 304: See notes
following RCW 35.21.717.
82.04.298 Tax on qualified grocery distribution
cooperatives. (1) The amount of tax with respect to a
qualified grocery distribution cooperative’s sales of groceries
or related goods for resale, excluding items subject to tax
under RCW 82.04.260(4), to customer-owners of the grocery
distribution cooperative is equal to the gross proceeds of
sales of the grocery distribution cooperative multiplied by
the rate of one and one-half percent.
(2) A qualified grocery distribution cooperative is
allowed a deduction from the gross proceeds of sales of
groceries or related goods for resale, excluding items subject
to tax under RCW 82.04.260(4), to customer-owners of the
grocery distribution cooperative that is equal to the portion
of the gross proceeds of sales for resale that represents the
actual cost of the merchandise sold by the grocery distribution cooperative to customer-owners.
(3) The definitions in this subsection apply throughout
this section unless the context clearly requires otherwise.
(a) "Grocery distribution cooperative" means an entity
that sells groceries and related items to customer-owners of
the grocery distribution cooperative and has customerowners, in the aggregate, who own a majority of the outstanding ownership interests of the grocery distribution
cooperative or of the entity controlling the grocery distribution cooperative. "Grocery distribution cooperative" includes
an entity that controls a grocery distribution cooperative.
(b) "Qualified grocery distribution cooperative" means
a grocery distribution cooperative that has been determined
by a court of record of the state of Washington to be not
engaged in wholesaling or making sales at wholesale, within
the meaning of RCW 82.04.270 or any similar provision of
a municipal ordinance that imposes a tax on gross receipts,
gross proceeds of sales, or gross income, with respect to
purchases made by customer-owners, and subsequently
changes its form of doing business to make sales at wholesale of groceries or related items to its customer-owners.
(c) "Customer-owner" means a person who has an
ownership interest in a grocery distribution cooperative and
purchases groceries and related items at wholesale from that
grocery distribution cooperative.
(2002 Ed.)
82.04.293
(d) "Controlling" means holding fifty percent or more of
the voting interests of an entity and having at least equal
power to direct or cause the direction of the management
and policies of the entity, whether through the ownership of
voting securities, by contract, or otherwise. [2001 1st sp.s.
c 9 § 1.]
Effective dates—2001 1st sp.s. c 9: "(1) Sections 1, 2, 4, and 8 of
this act are necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its existing public
institutions, and take effect immediately [June 11, 2001].
(2) Sections 3 and 5 of this act are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and take effect July 1, 2001.
(3) Section 6 of this act takes effect July 1, 2003.
(4) Section 7 [of this act] is necessary for the immediate preservation
of the public peace, health, or safety, or support of the state government and
its existing public institutions, and takes effect July 22, 2001." [2001 1st
sp.s. c 9 § 9.]
82.04.310 Exemptions—Public utilities—Electrical
energy. (1) This chapter shall not apply to any person in
respect to a business activity with respect to which tax
liability is specifically imposed under the provisions of
chapter 82.16 RCW including amounts derived from activities for which a deduction is allowed under RCW 82.16.050.
(2) This chapter does not apply to amounts received by
any person for the sale of electrical energy for resale within
or outside the state. [2000 c 245 § 2; 1989 c 302 § 202;
1961 c 15 § 82.04.310. Prior: 1959 c 197 § 15; prior:
1945 c 249 § 2, part; 1943 c 156 § 4, part; 1941 c 178 § 6,
part; 1939 c 225 § 5, part; 1937 c 227 § 4, part; 1935 c 180
§ 11, part; Rem. Supp. 1945 § 8370-11, part.]
Finding, purpose—1989 c 302: See note following RCW 82.04.120.
82.04.311 Exemptions—Tobacco settlement authority. This chapter does not apply to income received by the
tobacco settlement authority under chapter 43.340 RCW.
[2002 c 365 § 14.]
Captions not law—Severability—Effective date—2002 c 365: See
RCW 43.340.900 through 43.340.902.
82.04.312 Exemptions—Water services supplied by
small water-sewer districts, irrigation districts, or
systems—Rate averaging by department of health.
(Expires July 1, 2004.) (1) This chapter does not apply to
amounts received for water services supplied by a watersewer district established under Title 57 RCW or by an
irrigation district established under Title 87 RCW that:
(a) Has less than one thousand five hundred connections; and
(b) Charges residential water rates that exceed one
hundred twenty-five percent of the statewide average
residential water rate published on or before July 1st of each
year by the department of health.
(2) This chapter does not apply to amounts received for
water services supplied by a water system that:
(a) Is operated or owned by a qualified satellite management agency under RCW 70.116.134;
(b) Has less than two hundred connections; and
(c) Charges residential water rates that exceed one
hundred twenty-five percent of the statewide average
residential water rate published on or before July 1st of each
year by the department of health.
[Title 82 RCW—page 29]
82.04.312
Title 82 RCW: Excise Taxes
(3) To receive an exemption under this section, the
water system or irrigation district shall supply to the department of revenue proof that an amount equal to at least ninety
percent of the value of the exemption shall be expended to
repair, equip, maintain, and upgrade the water system.
(4) The department of health may use rate information
provided in surveys and reports produced by the association
of Washington cities, an association of elected officials, or
other municipal association to estimate a statewide average
residential water rate.
(5) This section expires July 1, 2004. [1998 c 316 § 1;
1997 c 407 § 2.]
Effective date—1998 c 316: "This act takes effect July 1, 1998."
[1998 c 316 § 3.]
Findings—1997 c 407: "The legislature finds that encouraging water
districts to better manage state water resources and encouraging satellite
management of failing water systems is in the best interests of the people
of Washington state. Continual updates of water quantity and quality, as
mandated by federal and state agencies, have revealed that degradation of
water quality exists in small water systems throughout the state and that
satellite management and consolidation of small systems under a centralized
management structure can best utilize existing resources available to assure
safe, clean drinking water. The legislature further finds that costs involved
in upgrading these small systems can be extremely burdensome to water
customers and public water purveyors. With diminishing resources
available to these small systems, the legislature finds that granting business
and occupation and excise tax relief, under certain conditions, will assist
smaller water districts to meet state and federal standards." [1997 c 407 §
1.]
82.04.315 Exemptions—International banking
facilities. This chapter shall not apply to the gross receipts
of an international banking facility.
As used in this section, an "international banking
facility" means a facility represented by a set of asset and
liability accounts segregated on the books and records of a
commercial bank, the principal office of which is located in
this state, and which is incorporated and doing business
under the laws of the United States or of this state, a United
States branch or agency of a foreign bank, an Edge corporation organized under Section 25(a) of the Federal Reserve
Act, 12 United States Code 611-631, or an Agreement
corporation having an agreement or undertaking with the
Board of Governors of the Federal Reserve System under
Section 25 of the Federal Reserve Act, 12 United States
Code 601-604(a), that includes only international banking
facility time deposits (as defined in subsection (a)(2) of
Section 204.8 of Regulation D (12 CFR Part 204), as
promulgated by the Board of Governors of the Federal
Reserve System), and international banking facility extensions of credit (as defined in subsection (a)(3) of Section
204.8 of Regulation D). [1982 c 95 § 7.]
Effective date—1982 c 95: See note following RCW 30.42.070.
82.04.317 Exemptions—Motor vehicle sales by
manufacturers at wholesale auctions to dealers. This
chapter does not apply to amounts received by a motor
vehicle manufacturer, as defined in RCW 19.118.021, or by
a financing subsidiary of such motor vehicle manufacturer
which subsidiary is at least fifty percent owned by the
manufacturer, from the sale of motor vehicles at wholesale
auctions to dealers licensed under chapter 46.70 RCW or
dealers licensed by any other state. [1997 c 4 § 1.]
[Title 82 RCW—page 30]
Effective date—1997 c 4: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 18, 1997]." [1997 c 4 § 2.]
82.04.320 Exemptions—Insurance business. This
chapter shall not apply to any person in respect to insurance
business upon which a tax based on gross premiums is paid
to the state: PROVIDED, That the provisions of this section
shall not exempt any person engaging in the business of
representing any insurance company, whether as general or
local agent, or acting as broker for such companies:
PROVIDED FURTHER, That the provisions of this section
shall not exempt any bonding company from tax with respect
to gross income derived from the completion of any contract
as to which it is a surety, or as to any liability as successor
to the liability of the defaulting contractor. [1961 c 15 §
82.04.320. Prior: 1959 c 197 § 16; prior: 1945 c 249 § 2,
part; 1943 c 156 § 4, part; 1941 c 178 § 6, part; 1939 c 225
§ 5, part; 1937 c 227 § 4, part; 1935 c 180 § 11, part; Rem.
Supp. 1945 § 8370-11, part.]
82.04.322 Exemptions—Health maintenance organization, health care service contractor, certified health
plan. This chapter does not apply to any health maintenance
organization, health care service contractor, or certified
health plan in respect to premiums or prepayments that are
taxable under RCW 48.14.0201. [1993 c 492 § 303.]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
82.04.324 Exemptions—Blood, bone, or tissue
bank—Exceptions. (1) As used in this section:
(a) "Blood" includes human whole blood, plasma, blood
derivatives, and related products.
(b) "Bone" includes human bone, bone marrow, and
related products.
(c) "Tissue" includes human musculoskeletal tissue,
musculoskeletal tissue derivatives, and related products.
(d) "Blood, bone, or tissue bank" means an organization
exempt from federal income tax under section 501(c)(3) of
the federal internal revenue code, organized solely for the
purpose of performing research on, procuring, testing,
processing, storing, packaging, distributing, or using blood,
bone, or tissue.
(e) "Medical supplies" means any item of tangible
personal property, including any repair and replacement parts
for such tangible personal property, used by a blood, tissue,
or bone bank for the purpose of performing research on,
procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue. The term includes
tangible personal property used to:
(i) Provide preparatory treatment of blood, bone, or
tissue;
(ii) Control, guide, measure, tune, verify, align, regulate,
test, or physically support blood, bone, or tissue; and
(iii) Protect the health and safety of employees or others
present during research on, procuring, testing, processing,
storing, packaging, distributing, or using blood, bone, or
tissue.
(2002 Ed.)
Business and Occupation Tax
(f) "Chemical" means any catalyst, solvent, water, acid,
oil, or other additive that physically or chemically interacts
with blood, bone, or tissue.
(g) "Materials" means any item of tangible personal
property, including, but not limited to, bags, packs, collecting
sets, filtering materials, testing reagents, antisera, and
refrigerants used or consumed in performing research on,
procuring, testing, processing, storing, packaging, distributing, or using blood, bone, or tissue.
(h) "Research" means basic and applied research that
has as its objective the design, development, refinement,
testing, marketing, or commercialization of a product,
service, or process.
(2) This chapter does not apply to amounts received by
blood, bone, or tissue banks, to the extent the amounts are
exempt from federal income tax. [1995 2nd sp.s. c 9 § 3.]
Effective date—1995 2nd sp.s. c 9: See note following RCW
84.36.035.
82.04.326 Exemptions—Qualified organ procurement organizations. This chapter does not apply to
amounts received by a qualified organ procurement organization under 42 U.S.C. Sec. 273(b) in effect as of January 1,
2001, to the extent that the amounts are exempt from federal
income tax. [2002 c 113 § 1.]
Effective date—2002 c 113: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 22, 2002]." [2002 c 113 § 4.]
82.04.327 Exemptions—Adult family homes. This
chapter does not apply to adult family homes which are
licensed as such, or which are specifically exempt from
licensing, under rules of the department of social and health
services. [1987 1st ex.s. c 4 § 1.]
82.04.330 Exemptions—Sales of agricultural
products. This chapter shall not apply to any farmer that
sells any agricultural product at wholesale or to any farmer
who grows, raises, or produces agricultural products owned
by others, such as custom feed operations. This exemption
shall not apply to any person selling such products at retail
or to any person selling manufactured substances or articles.
This chapter shall also not apply to any persons who
participate in the federal conservation reserve program or its
successor administered by the United States department of
agriculture with respect to land enrolled in that program.
[2001 c 118 § 3; 1993 sp.s. c 25 § 305; 1988 c 253 § 2;
1987 c 23 § 4. Prior: 1985 c 414 § 10; 1985 c 148 § 1;
1965 ex.s. c 173 § 7; 1961 c 15 § 82.04.330; prior: 959 c
197 § 17; prior: 1945 c 249 § 2, part; 1943 c 156 § 4, part;
1941 c 178 § 6, part; 1939 c 225 § 5, part; 1937 c 227 § 4,
part; 1935 c 180 § 11, part; Rem. Supp. 1945 § 8370-11,
part.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective date—1965 ex.s. c 173: See note following RCW
82.04.050.
Deductions—Compensation for receiving, washing, etc., horticultural
products for person exempt under RCW 82.04.330—Materials and
supplies used: RCW 82.04.4287.
(2002 Ed.)
82.04.324
82.04.331 Exemptions—Wholesale sales to farmers
of seed for planting, conditioning seed for planting owned
by others. (1) This chapter does not apply to amounts
received by a person engaging within this state in the
business of: (a) Making wholesale sales to farmers of seed
conditioned for use in planting and not packaged for retail
sale; or (b) conditioning seed for planting owned by others.
(2) For the purposes of this section, "seed" means seed
potatoes and all other "agricultural seed" as defined in RCW
15.49.011. "Seed" does not include "flower seeds" or
"vegetable seeds" as defined in RCW 15.49.011, or any other
seeds or propagative portions of plants used to grow ornamental flowers or used to grow any type of bush, moss, fern,
shrub, or tree. [1998 c 170 § 2.]
Contingent effective dates—1998 c 170: "(1) Sections 1 and 3 of
this act take effect only if House Bill No. 2335 fails to become law.
(2) Section 2 of this act takes effect only if House Bill No. 2335
becomes law." [1998 c 170 § 5.] House Bill No. 2335 became 1998 c 312.
Effective date—1998 c 170: "This act takes effect July 1, 1998."
[1998 c 170 § 6.]
82.04.332 Exemptions—Buying and selling at
wholesale wheat, oats, dry peas, dry beans, lentils,
triticale, canola, corn, rye, and barley. This chapter does
not apply to amounts received from buying wheat, oats, dry
peas, dry beans, lentils, triticale, canola, corn, rye, and
barley, but not including any manufactured products thereof,
and selling the same at wholesale. [1998 c 312 § 2.]
Effective date—1998 c 312: "This act takes effect July 1, 1998."
[1998 c 312 § 11.]
Savings—1998 c 312: "This act does not affect any existing right
acquired or liability or obligation incurred under the sections amended or
repealed in this act or under any rule or order adopted under those sections,
nor does it affect any proceeding instituted under those sections." [1998 c
312 § 10.]
82.04.333 Exemptions—Small harvesters. This
chapter shall not apply to the gross receipts or value of
products proceeding or accruing from timber harvested by a
person who is a small harvester as defined in *RCW
84.33.073 and whose value of products, gross proceeds of
sales, or gross income of the business is less than one
hundred thousand dollars per tax year. [1990 c 141 § 1.]
*Reviser’s note: RCW 84.33.073 was repealed by 2001 c 249 § 16.
82.04.335 Exemptions—Agricultural fairs. This
chapter shall not apply to any business of any bona fide
agricultural fair, if no part of the net earnings therefrom
inures to the benefit of any stockholder or member of the
association conducting the same: PROVIDED, That any
amount paid for admission to any exhibit, grandstand,
entertainment, or other feature conducted within the fair
grounds by others shall be taxable under the provisions of
this chapter, except as otherwise provided by law. [1965
ex.s. c 145 § 1.]
82.04.337 Exemptions—Amounts received by hop
growers or dealers for processed hops shipped outside
the state. This chapter shall not apply to amounts received
by hop growers or dealers for hops which are shipped
outside the state of Washington for first use, if those hops
have been processed into extract, pellets, or powder in this
[Title 82 RCW—page 31]
82.04.337
Title 82 RCW: Excise Taxes
state. This section does not exempt a processor or warehouser from taxation under this chapter on amounts charged
for processing or warehousing. [1987 c 495 § 1.]
82.04.338 Exemptions—Hop commodity commission
or hop commodity board business. This chapter does not
apply to any nonprofit organization in respect to gross
income derived from business activities for a hop commodity
commission or hop commodity board created by state statute
or created under chapter 15.65 or 15.66 RCW if: (1) The
activity is approved by a referendum conducted by the
commission or board; (2) the person is specified in information distributed by the commission or board for the referendum as a person who is to conduct the activity; and (3) the
referendum is conducted in the manner prescribed by the
statutes governing the commission or board for approving
assessments or expenditures, or otherwise authorizing or
approving activities of the commission or board. As used in
this section, "nonprofit organization" means an organization
that is exempt from federal income tax under 26 U.S.C.
[Sec.] 501(c)(5). [1998 c 200 § 1.]
82.04.339 Exemptions—Day care provided by
churches. This chapter shall not apply to amounts derived
by a church that is exempt from property tax under RCW
84.36.020 from the provision of care for children for periods
of less than twenty-four hours. [1992 c 81 § 1.]
82.04.3395 Exemptions—Child care resource and
referral services by nonprofit organizations. This chapter
does not apply to nonprofit organizations in respect to
amounts derived from the provision of child care resource
and referral services. [1995 2nd sp.s. c 11 § 3.]
Effective date—1995 2nd sp.s. c 11: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 11 § 4.]
82.04.340 Exemptions—Boxing, sparring, or
wrestling matches. This chapter shall not apply to any
person in respect to the business of conducting boxing
contests and sparring or wrestling matches and exhibitions
for the conduct of which a license must be secured from the
department of licensing. [2000 c 103 § 6; 1988 c 19 § 4;
1961 c 15 § 82.04.340. Prior: 1959 c 197 § 18; prior:
1945 c 249 § 2, part; 1943 c 156 § 4, part; 1941 c 178 § 6,
part; 1939 c 225 § 5, part; 1937 c 227 § 4, part; 1935 c 180
§ 11, part; Rem. Supp. 1945 § 8370-11, part.]
82.04.350 Exemptions—Racing. This chapter shall
not apply to any person in respect to the business of conducting race meets for the conduct of which a license must
be secured from the horse racing commission. [1961 c 15
§ 82.04.350. Prior: 1959 c 197 § 19; prior: 1945 c 249 §
2, part; 1943 c 156 § 4, part; 1941 c 178 § 6, part; 1939 c
225 § 5, part; 1937 c 227 § 4, part; 1935 c 180 § 11, part;
Rem. Supp. 1945 § 8370-11, part.]
82.04.355 Exemptions—Ride sharing. This chapter
does not apply to any funds received in the course of
commuter ride sharing or ride sharing for persons with spe[Title 82 RCW—page 32]
cial transportation needs in accordance with RCW 46.74.010.
[1999 c 358 § 8; 1979 c 111 § 17.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Severability—1979 c 111: See note following RCW 46.74.010.
82.04.360 Exemptions—Employees—Independent
contractors—Booth renters. (1) This chapter shall not
apply to any person in respect to his or her employment in
the capacity of an employee or servant as distinguished from
that of an independent contractor. For the purposes of this
section, the definition of employee shall include those
persons that are defined in section 3121(d)(3)(B) of the
Internal Revenue Code of 1986, as amended through January
1, 1991.
(2) A booth renter, as defined by *RCW 18.16.020, is
an independent contractor for purposes of this chapter.
[1991 c 324 § 19; 1991 c 275 § 2; 1961 c 15 § 82.04.360.
Prior: 1959 c 197 § 20; prior: 1945 c 249, § 2, part; 1943
c 156 § 4, part; 1941 c 178 § 6, part; 1939 c 225 § 5, part;
1937 c 227 § 4, part; 1935 c 180 § 11, part; Rem. Supp.
1945 § 8370-11, part.]
Reviser’s note: *(1) RCW 18.16.020 was amended by 2002 c 111
§ 2, deleting the definition of "booth renter."
(2) This section was amended by 1991 c 275 § 2 and by 1991 c 324
§ 19, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Severability—1991 c 324: See RCW 18.16.910.
Finding—Intent—1991 c 275: "(1) The legislature finds:
(a) The existing state policy is to exempt employees from the business
and occupation tax.
(b) It has been difficult to distinguish, for business and occupation tax
purposes, between independent contractors and employees who are in the
business of selling life insurance. The tests commonly used by the
department of revenue to determine tax status have not successfully
differentiated employees from independent contractors when applied to the
life insurance industry.
(2) The intent of this act is to apply federal tax law and rules to
distinguish between employees and independent contractors for business and
occupation tax purposes, solely for the unique business of selling life
insurance." [1991 c 275 § 1.]
Effective date—1991 c 275: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 275 § 3.]
82.04.363 Exemptions—Camp or conference
center—Items sold or furnished by nonprofit organization. This chapter does not apply to amounts received by a
nonprofit organization from the sale or furnishing of the
following items at a camp or conference center conducted on
property exempt from property tax under RCW 84.36.030
(1), (2), or (3):
(1) Lodging, conference and meeting rooms, camping
facilities, parking, and similar licenses to use real property;
(2) Food and meals;
(3) Books, tapes, and other products that are available
exclusively to the participants at the camp, conference, or
meeting and are not available to the public at large. [1997
c 388 § 1.]
Effective date—1997 c 388: "This act takes effect October 1, 1997."
[1997 c 388 § 3.]
(2002 Ed.)
Business and Occupation Tax
82.04.3651 Exemptions—Amounts received by
nonprofit organizations for fund-raising activities. (1)
This chapter does not apply to amounts received by nonprofit organizations, as defined in subsection (2) of this
section, for fund-raising activities.
(2) As used in this section, a "nonprofit organization"
means:
(a) An organization exempt from tax under section
501(c) (3), (4), or (10) of the federal internal revenue code
(26 U.S.C. Sec. 501(c) (3), (4), or (10));
(b) A nonprofit organization that would qualify under
(a) of this subsection except that it is not organized as a
nonprofit corporation; or
(c) A nonprofit organization that meets all of the
following criteria:
(i) The members, stockholders, officers, directors, or
trustees of the organization do not receive any part of the
organization’s gross income, except as payment for services
rendered;
(ii) The compensation received by any person for
services rendered to the organization does not exceed an
amount reasonable under the circumstances; and
(iii) The activities of the organization do not include a
substantial amount of political activity, including but not
limited to influencing legislation and participation in any
campaign on behalf of any candidate for political office.
(3) As used in this section, the term "fund-raising
activity" means soliciting or accepting contributions of
money or other property or activities involving the anticipated exchange of goods or services for money between the
soliciting organization and the organization or person
solicited, for the purpose of furthering the goals of the
nonprofit organization. "Fund-raising activity" does not
include the operation of a regular place of business in which
sales are made during regular hours such as a bookstore,
thrift shop, restaurant, or similar business or the operation of
a regular place of business from which services are provided
or performed during regular hours such as the provision of
retail, personal, or professional services. The sale of used
books, used videos, used sound recordings, or similar used
information products in a library, as defined in RCW
27.12.010, is not the operation of a regular place of business
for the purposes of this section, if the proceeds of the sales
are used to support the library. [1999 c 358 § 3; 1998 c 336
§ 2.]
Effective date—1999 c 358 §§ 1 and 3-21: "Sections 1 and 3
through 21 of this act take effect August 1, 1999." [1999 c 358 § 22.]
Findings—1998 c 336: "The legislature finds that nonprofit
educational, charitable, religious, scientific, and social welfare organizations
provide many public benefits to the people of the state of Washington.
Therefore, the legislature finds that it is in the best interests of the state of
Washington to provide a limited excise tax exemption for fund-raising
activities for certain nonprofit organizations." [1998 c 336 § 1.]
Sales tax exemptions: RCW 82.08.02573.
82.04.367 Exemptions—Nonprofit organizations
that are guarantee agencies, issue debt, or provide
guarantees for student loans. This chapter does not apply
to gross income received by nonprofit organizations exempt
from federal income tax under section 501(c)(3) of the
internal revenue code of 1954, as amended, that:
(2002 Ed.)
82.04.3651
(1) Are guarantee agencies under the federal guaranteed
student loan program or that issue debt to provide or acquire
student loans; or
(2) Provide guarantees for student loans made through
programs other than the federal guaranteed student loan
program. [1998 c 324 § 1; 1987 c 433 § 1.]
82.04.368 Exemptions—Nonprofit organizations—
Credit and debt services. This chapter does not apply to
nonprofit organizations in respect to amounts derived from
provision of the following services:
(1) Presenting individual and community credit education programs including credit and debt counseling;
(2) Obtaining creditor cooperation allowing a debtor to
repay debt in an orderly manner;
(3) Establishing and administering negotiated repayment
programs for debtors; or
(4) Providing advice or assistance to a debtor with
regard to subsection (1), (2), or (3) of this section. [1993 c
390 § 1.]
82.04.370 Exemptions—Certain fraternal and
beneficiary organizations. This chapter shall not apply to
fraternal benefit societies or fraternal fire insurance associations, as described in Title 48 RCW; nor to beneficiary
corporations or societies organized under and existing by
virtue of Title 24 RCW, if such beneficiary corporations or
societies provide in their bylaws for the payment of death
benefits. Exemption is limited, however, to gross income
from premiums, fees, assessments, dues or other charges
directly attributable to the insurance or death benefits
provided by such societies, associations, or corporations.
[1961 c 293 § 4; 1961 c 15 § 82.04.370. Prior: 1959 c 197
§ 21; prior: 1945 c 249 § 2, part; 1943 c 156 § 4, part;
1941 c 178 § 6, part; 1939 c 225 § 5, part; 1937 c 227 § 4,
part; 1935 c 180 § 11, part; Rem. Supp. 1945 § 8370-11,
part.]
82.04.380 Exemptions—Certain corporations
furnishing aid and relief. This chapter shall not apply to
the gross sales or the gross income received by corporations
which have been incorporated under any act of the congress
of the United States of America and whose principal
purposes are to furnish volunteer aid to members of the
armed forces of the United States and also to carry on a system of national and international relief and to apply the same
in mitigating the sufferings caused by pestilence, famine,
fire, floods, and other national calamities and to devise and
carry on measures for preventing the same. [1961 c 15 §
82.04.380. Prior: 1959 c 197 § 22; prior: 1945 c 249 § 2,
part; 1943 c 156 § 4, part; 1941 c 178 § 6, part; 1939 c 225
§ 5, part; 1937 c 227 § 4, part; 1935 c 180 § 11, part; Rem.
Supp. 1945 § 8370-11, part.]
82.04.385 Exemptions—Operation of sheltered
workshops. This chapter shall not apply to income received
from the department of social and health services for the cost
of care, maintenance, support, and training of persons with
developmental disabilities at nonprofit group training homes
as defined by chapter 71A.22 RCW or to the business
activities of nonprofit organizations from the operation of
[Title 82 RCW—page 33]
82.04.385
Title 82 RCW: Excise Taxes
sheltered workshops. For the purposes of this section, "the
operation of sheltered workshops" means performance of
business activities of any kind on or off the premises of such
nonprofit organizations which are performed for the primary
purpose of (1) providing gainful employment or rehabilitation services to the handicapped as an interim step in the
rehabilitation process for those who cannot be readily
absorbed in the competitive labor market or during such time
as employment opportunities for them in the competitive
labor market do not exist; or (2) providing evaluation and
work adjustment services for handicapped individuals. [1988
c 176 § 915; 1988 c 13 § 1; 1972 ex.s. c 134 § 1; 1970 ex.s.
c 81 § 3.]
Reviser’s note: This section was amended by 1988 c 13 § 1 and by
1988 c 176 § 915, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—1988 c 176: See RCW 71A.10.900.
82.04.390 Exemptions—Amounts derived from sale
of real estate. This chapter shall not apply to gross proceeds derived from the sale of real estate. This however,
shall not be construed to allow a deduction of amounts
received as commissions from the sale of real estate, nor as
fees, handling charges, discounts, interest or similar financial
charges resulting from, or relating to, real estate transactions.
[1961 c 15 § 82.04.390. Prior: 1959 ex.s. c 5 § 8; 1959 c
197 § 23; prior: 1945 c 249 § 2, part; 1943 c 156 § 4, part;
1941 c 178 § 6, part; 1939 c 225 § 5, part; 1937 c 227 § 4,
part; 1935 c 180 § 11, part; Rem. Supp. 1945 § 8370-11,
part.]
82.04.392 Exemptions—Mortgage brokers’ thirdparty provider services trust accounts. This chapter shall
not apply to amounts received from trust accounts to
mortgage brokers for the payment of third-party costs if the
accounts are operated in a manner consistent with RCW
19.146.050 and any rules adopted by the director of financial
institutions. [1998 c 311 § 3; 1997 c 106 § 21.]
Intent—Retroactive application—1998 c 311 §§ 1 and 3: See note
following RCW 19.146.050.
Severability—1997 c 106: See note following RCW 19.146.010.
82.04.394 Exemptions—Amounts received by
property management company for on-site personnel. (1)
This chapter does not apply to amounts received by a
property management company from the owner of a property
for gross wages and benefits paid directly to or on behalf of
on-site personnel from property management trust accounts
that are required to be maintained under RCW 18.85.310.
(2) As used in this section, "on-site personnel" means a
person who meets all of the following conditions: (a) The
person works primarily at the owner’s property; (b) the
person’s duties include leasing property units, maintaining
the property, collecting rents, or similar activities; and (c)
under a written property management agreement: (i) The
person’s compensation is the ultimate obligation of the
property owner and not the property manager; (ii) the
property manager is liable for payment only as agent of the
owner; and (iii) the property manager is the agent of the
owner with respect to the on-site personnel and that all
actions, including, but not limited to, hiring, firing, compen[Title 82 RCW—page 34]
sation, and conditions of employment, taken by the property
manager with respect to the on-site personnel are subject to
the approval of the property owner. [1998 c 338 § 2.]
Finding—Intent—1998 c 338: "The legislature finds that property
owners often hire property management companies to manage their real
property. Frequently, the property management companies also manage the
personnel who perform the necessary services at the property location. In
these cases, the property owners may pay the on-site personnel through the
property management company. The property management company is
merely acting as a conduit for the property owner’s payment to the
personnel at the property site.
This act is not intended to modify the taxation of amounts received by
a property management company for purposes other than payment to on-site
personnel." [1998 c 338 § 1.]
Effective date—1998 c 338: "This act takes effect July 1, 1998."
[1998 c 338 § 3.]
82.04.395 Exemptions—Certain materials printed
in school district and educational service district printing
facilities. This chapter shall not apply to school districts and
educational service districts as defined in Title 28A RCW,
in respect to materials printed in the school district and educational service districts printing facilities when said materials are used solely for school district and educational service
district purposes. [1979 ex.s. c 196 § 12.]
Effective date—1979 ex.s. c 196: See note following RCW
82.04.240.
82.04.397 Exemptions—Certain materials printed
in county, city, or town printing facilities. This chapter
does not apply to any county, city or town as defined in
Title 35 RCW and Title 36 RCW, in respect to materials
printed in the county, city or town printing facilities when
said materials are used solely for said county, city or town
purposes. [1979 ex.s. c 196 § 14.]
Effective date—1979 ex.s. c 196: See note following RCW
82.04.240.
82.04.399 Exemptions—Sales of academic transcripts. This chapter does not apply to amounts received
from sales of academic transcripts by educational institutions. [1996 c 272 § 1.]
Effective date—1996 c 272: "This act shall take effect July 1, 1996."
[1996 c 272 § 4.]
82.04.405 Exemptions—Credit unions. This chapter
shall not apply to the gross income of credit unions organized under the laws of this state, any other state, or the
United States. [1998 c 311 § 4; 1970 ex.s. c 101 § 3.]
Severability—Effective date—1970 ex.s. c 101: See notes following
RCW 33.28.040.
82.04.408 Exemptions—Housing finance commission. This chapter does not apply to income received by the
state housing finance commission under chapter 43.180
RCW. [1983 c 161 § 25.]
Severability—Effective dates—Captions not part of law—1983 c
161: See RCW 43.180.903 and 43.180.904.
82.04.410 Exemptions—Hatching eggs and poultry.
This chapter shall not apply to amounts derived by persons
engaged in the production and sale of hatching eggs or
poultry for use in the production for sale of poultry or
(2002 Ed.)
Business and Occupation Tax
82.04.410
poultry products. [1967 ex.s. c 149 § 15; 1961 c 15 §
82.04.410. Prior: 1959 c 197 § 25; prior: 1945 c 249 § 2,
part; 1943 c 156 § 4, part; 1941 c 178 § 6, part; 1939 c 225
§ 5, part; 1937 c 227 § 4, part; 1935 c 180 § 11, part; Rem.
Supp. 1945 § 8370-11, part.]
the seller/lessee, or to the purchase amount paid by the
lessee under an option to purchase at the end of the lease
term. [2000 2nd sp.s. c 4 § 24.]
82.04.415 Exemptions—Sand, gravel and rock
taken from county or city pits or quarries, processing
and handling costs. This chapter shall not apply to:
(1) The cost of or charges made for labor and services
performed in respect to the mining, sorting, crushing,
screening, washing, hauling, and stockpiling of sand, gravel,
and rock, when such sand, gravel, or rock is taken from a pit
or quarry which is owned by or leased to a county or city
and such sand, gravel, or rock is either stockpiled in said pit
or quarry for placement or is placed on the street, road,
place, or highway of the county or city by the county or city
itself; or
(2) The cost of or charges for such labor and services if
any such sand, gravel, or rock is sold by the county or city
to a county, or a city at actual cost for placement on a
publicly owned street, road, place, or highway.
The exemption provided for in this section shall not
apply to the cost of or charges for such labor and services if
the sand, gravel, or rock is used for other than public road
purposes or is sold otherwise than as provided for in this
section. [1965 ex.s. c 173 § 10.]
82.04.421 Exemptions—Out-of-state membership
sales in discount programs. (1) For the purposes of this
section, "qualifying discount program" means a membership
program, club, or plan that entitles the member to discounts
on services or products sold by others. The term does not
include any discount program which in part or in total
entitles the member to discounts on services or products sold
by the seller of the membership or an affiliate of the seller
of the membership. "Affiliate," for the purposes of this
section, means any person who directly, or indirectly through
one or more intermediaries, controls, or is controlled by, or
is under common control with, the seller.
(2) Persons selling memberships in a qualifying discount
program are not subject to tax under this chapter on that
portion of the membership sales where the seller delivers the
membership materials to the purchaser who receives them at
a point outside this state. [1997 c 408 § 1.]
Effective date—1965 ex.s. c 173: See note following RCW
82.04.050.
82.04.422 Exemptions—Wholesale sales of motor
vehicles. (1) This chapter does not apply to amounts
received by a motor vehicle dealer licensed under chapter
46.70 RCW, or a dealer licensed by any other state, for the
wholesale sale of used motor vehicles at auctions to licensed
dealers.
(2) This chapter does not apply to amounts derived by
a new car dealer from wholesale sales of new motor vehicles
of the same make to other new car dealers where the sales
enable the dealers to adjust their inventory levels as long as
the amount paid by the purchasing dealer does not exceed
the amount paid by the selling dealer in the acquisition of
the vehicle, however, the selling dealer may add reasonable
expenses for the preparation of the vehicle for sale or
transfer. [2001 c 258 § 1.]
82.04.416 Exemptions—Operation of state route No.
16. This chapter does not apply to amounts received from
operating state route number 16 corridor transportation
systems and facilities constructed and operated under chapter
47.46 RCW. [1998 c 179 § 3.]
Finding—1998 c 179: See note following RCW 35.21.718.
82.04.418 Exemptions—Grants by United States
government to municipal corporations or political
subdivisions. The provisions of this chapter shall not apply
to grants received from the state or the United States
government by municipal corporations or political subdivisions of the state of Washington. [1983 1st ex.s. c 66 § 2.]
82.04.419 Exemptions—County, city, town, school
district, or fire district activity. This chapter shall not
apply to any county, city, town, school district, or fire
district activity, regardless of how financed, other than a utility or enterprise activity as defined by the state auditor
pursuant to RCW 35.33.111 and 36.40.220 and upon which
the tax imposed pursuant to this chapter had previously
applied. Nothing contained in this section shall limit the
authority of the legislature to authorize the imposition of
such tax prospectively upon such activities as the legislature
shall specifically designate. [1983 1st ex.s. c 66 § 3.]
82.04.4201 Exemptions—Sales/leasebacks by
regional transit authorities. This chapter does not apply to
amounts received as lease payments paid by a seller/lessee
to a lessor under a sale/leaseback agreement under RCW
81.112.300 in respect to tangible personal property used by
(2002 Ed.)
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
Effective date—1997 c 408: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 408 § 2.]
Effective date—2001 c 258: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 258 § 3.]
82.04.423 Exemptions—Sales by certain out-of-state
persons to or through direct seller’s representatives. (1)
This chapter shall not apply to any person in respect to gross
income derived from the business of making sales at wholesale or retail if such person:
(a) Does not own or lease real property within this state;
and
(b) Does not regularly maintain a stock of tangible
personal property in this state for sale in the ordinary course
of business; and
(c) Is not a corporation incorporated under the laws of
this state; and
(d) Makes sales in this state exclusively to or through a
direct seller’s representative.
[Title 82 RCW—page 35]
82.04.423
Title 82 RCW: Excise Taxes
(2) For purposes of this section, the term "direct seller’s
representative" means a person who buys consumer products
on a buy-sell basis or a deposit-commission basis for resale,
by the buyer or any other person, in the home or otherwise
than in a permanent retail establishment, or who sells, or
solicits the sale of, consumer products in the home or
otherwise than in a permanent retail establishment; and
(a) Substantially all of the remuneration paid to such
person, whether or not paid in cash, for the performance of
services described in this subsection is directly related to
sales or other output, including the performance of services,
rather than the number of hours worked; and
(b) The services performed by the person are performed
pursuant to a written contract between such person and the
person for whom the services are performed and such
contract provides that the person will not be treated as an
employee with respect to such purposes for federal tax
purposes.
(3) Nothing in this section shall be construed to imply
that a person exempt from tax under this section was
engaged in a business activity taxable under this chapter
prior to the enactment of this section. [1983 1st ex.s. c 66
§ 5.]
Reviser’s note: The effective date of 1983 1st ex.s. c 66 is August
23, 1983.
82.04.425 Exemptions—Accommodation sales. This
chapter shall not apply to sales for resale by persons regularly engaged in the business of making sales of the type of
property so sold to other persons similarly engaged in the
business of selling such property where (1) the amount paid
by the buyer does not exceed the amount paid by the seller
to his vendor in the acquisition of the article and (2) the sale
is made as an accommodation to the buyer to enable him to
fill a bona fide existing order of a customer or is made
within fourteen days to reimburse in kind a previous accommodation sale by the buyer to the seller; nor to sales by a
wholly owned subsidiary of a person making sales at retail
which are exempt under RCW 82.08.0262 when the parent
corporation shall have paid the tax imposed under this
chapter. [1980 c 37 § 78; 1965 ex.s. c 173 § 9; 1961 c 15
§ 82.04.425. Prior: 1955 c 95 § 1.]
Intent—1980 c 37: See note following RCW 82.04.4281.
Effective date—1965 ex.s. c 173: See note following RCW
82.04.050.
82.04.427 Exemptions and credits—Pollution
control facilities. See chapter 82.34 RCW.
82.04.4271 Deductions—Membership fees and
certain service fees by nonprofit youth organization. In
computing tax due under this chapter, there may be deducted
from the measure of tax all amounts received by a nonprofit
youth organization:
(1) As membership fees or dues, irrespective of the fact
that the payment of the membership fees or dues to the
organization may entitle its members, in addition to other
rights or privileges, to receive services from the organization
or to use the organization’s facilities; or
(2) From members of the organization for camping and
recreational services provided by the organization or for the
use of the organization’s camping and recreational facilities.
For purposes of this section: "Nonprofit youth organization" means a nonprofit organization engaged in character
building of youth which is exempt from property tax under
RCW 84.36.030. [1981 c 74 § 1.]
82.04.4281 Deductions—Investments, dividends,
interest on loans. (1) In computing tax there may be
deducted from the measure of tax:
(a) Amounts derived from investments;
(b) Amounts derived as dividends or distributions from
[the] capital account by a parent from its subsidiary entities;
and
(c) Amounts derived from interest on loans between
subsidiary entities and a parent entity or between subsidiaries
of a common parent entity, but only if the total investment
and loan income is less than five percent of gross receipts of
the business annually.
(2) The following are not deductible under subsection
(1)(a) of this section:
(a) Amounts received from loans, except as provided in
subsection (1)(c) of this section, or the extension of credit to
another, revolving credit arrangements, installment sales, the
acceptance of payment over time for goods or services, or
any of the foregoing that have been transferred by the
originator of the same to an affiliate of the transferor; or
(b) Amounts received by a banking, lending, or security
business.
(3) The definitions in this subsection apply only to this
section.
(a) "Banking business" means a person engaging in
business as a national or state-chartered bank, a mutual
savings bank, a savings and loan association, a trust company, an alien bank, a foreign bank, a credit union, a stock
savings bank, or a similar entity that is chartered under Title
30, 31, 32, or 33 RCW, or organized under Title 12 U.S.C.
(b) "Lending business" means a person engaged in the
business of making secured or unsecured loans of money, or
extending credit, and (i) more than one-half of the person’s
gross income is earned from such activities and (ii) more
than one-half of the person’s total expenditures are incurred
in support of such activities.
(c) The terms "loan" and "extension of credit" do not
include ownership of or trading in publicly traded debt
instruments, or substantially equivalent instruments offered
in a private placement.
(d) "Security business" means a person, other than an
issuer, who is engaged in the business of effecting transactions in securities as a broker, dealer, or broker-dealer, as
those terms are defined in the securities act of Washington,
chapter 21.20 RCW, or the federal securities act of 1933.
"Security business" does not include any company excluded
from the definition of broker or dealer under the federal
investment company act of 1940 or any entity that is not an
investment company by reason of sections 3(c)(1) and
3(c)(3) through 3(c)(14) thereof. [2002 c 150 § 2; 1980 c 37
§ 2. Formerly RCW 82.04.430(1).]
Findings—Intent—2002 c 150: "The legislature finds that the
application of the business and occupation tax deductions provided in RCW
82.04.4281 for investment income of persons deemed to be "other financial
[Title 82 RCW—page 36]
(2002 Ed.)
Business and Occupation Tax
businesses" has been the subject of uncertainty, and therefore, disagreement
and litigation between taxpayers and the state. The legislature further finds
that the decision of the state supreme court in Simpson Investment Co. v.
Department of Revenue could lead to a restrictive, narrow interpretation of
the deductibility of investment income for business and occupation tax
purposes. As a result, the legislature directed the department of revenue to
work with affected businesses to develop a revision of the statute that would
provide certainty and stability for taxpayers and the state. The legislature
intends, by adopting this recommended revision of the statute, to provide a
positive environment for capital investment in this state, while continuing
to treat similarly situated taxpayers fairly." [2002 c 150 § 1.]
Effective date—2002 c 150: "This act takes effect July 1, 2002."
[2002 c 150 § 3.]
Finding—Intent on application of deduction—2001 c 320: "The
legislature finds that the application of the business and occupation tax
deduction provided in RCW 82.04.4281 for investment income of persons
other than those engaging in banking, loan, security, or other financial
businesses has been the subject of disagreement between taxpayers and the
state. Decisions of the supreme court have provided some broad guidelines
and principles for interpretation of the deduction provided in RCW
82.04.4281, but these decisions have not provided the certainty and clarity
that is desired by taxpayers and the state. Therefore, it is the intent of the
legislature to delay change in the manner or extent of taxation of the
investment income until definitions or standards can be developed and
enacted by the legislature." [2001 c 320 § 18.]
Reviser’s note: 2001 c 320 § 19, which was vetoed May 15, 2001,
would have implemented the intent in this section.
Report to legislature—2001 c 320: "The department of revenue shall
report to the fiscal committees of the legislature by November 30, 2001, on
the progress made in working with affected businesses on potential
amendments to RCW 82.04.4281 which would clarify the application of
RCW 82.04.4281 to other financial businesses." [2001 c 320 § 20.]
Intent—1980 c 37: "The separation of sales tax exemption, use tax
exemption, and business and occupation deduction sections into shorter
sections is intended to improve the readability and facilitate the future
amendment of these sections. This separation shall not change the meaning
of any of the exemptions or deductions involved." [1980 c 37 § 1.]
82.04.4282 Deductions—Fees, dues, charges. In
computing tax there may be deducted from the measure of
tax amounts derived from bona fide (1) initiation fees, (2)
dues, (3) contributions, (4) donations, (5) tuition fees, (6)
charges made by a nonprofit trade or professional organization for attending or occupying space at a trade show,
convention, or educational seminar sponsored by the nonprofit trade or professional organization, which trade show,
convention, or educational seminar is not open to the general
public, (7) charges made for operation of privately operated
kindergartens, and (8) endowment funds. This section shall
not be construed to exempt any person, association, or
society from tax liability upon selling tangible personal
property or upon providing facilities or services for which a
special charge is made to members or others. If dues are in
exchange for any significant amount of goods or services
rendered by the recipient thereof to members without any
additional charge to the member, or if the dues are graduated
upon the amount of goods or services rendered, the value of
such goods or services shall not be considered as a deduction
under this section. [1994 c 124 § 3; 1989 c 392 § 1; 1980
c 37 § 3. Formerly RCW 82.04.430(2).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4283 Deductions—Cash discount taken by
purchaser. In computing tax there may be deducted from
the measure of tax the amount of cash discount actually
taken by the purchaser. This deduction is not allowed in
arriving at the taxable amount under the extractive or
(2002 Ed.)
82.04.4281
manufacturing classifications with respect to articles produced or manufactured, the reported values of which, for the
purposes of this tax, have been computed according to the
provisions of RCW 82.04.450. [1980 c 37 § 4. Formerly
RCW 82.04.430(3).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4284 Deductions—Credit losses of accrual
basis taxpayers. In computing tax there may be deducted
from the measure of tax the amount of credit losses actually
sustained by taxpayers whose regular books of account are
kept upon an accrual basis. [1980 c 37 § 5. Formerly RCW
82.04.430(4).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4285 Deductions—Motor vehicle fuel and
special fuel taxes. In computing tax there may be deducted
from the measure of tax so much of the sale price of motor
vehicle fuel as constitutes the amount of tax imposed by the
state under chapters 82.36 and 82.38 RCW or the United
States government, under 26 U.S.C., Subtitle D, chapters 31
and 32, upon the sale thereof. [1998 c 176 § 3; 1980 c 37
§ 6. Formerly RCW 82.04.430(5).]
Rules—Findings—Effective date—1998 c 176: See RCW
82.36.800, 82.36.900, and 82.36.901.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4286 Deductions—Nontaxable business. In
computing tax there may be deducted from the measure of
tax amounts derived from business which the state is prohibited from taxing under the Constitution of this state or the
Constitution or laws of the United States. [1980 c 37 § 7.
Formerly RCW 82.04.430(6).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4287 Deductions—Compensation for receiving, washing, etc., horticultural products for person
exempt under RCW 82.04.330—Materials and supplies
used. In computing tax there may be deducted from the
measure of tax amounts derived by any person as compensation for the receiving, washing, sorting, and packing of fresh
perishable horticultural products and the material and supplies used therein when performed for the person exempted
in RCW 82.04.330, either as agent or as independent
contractor. [1980 c 37 § 8. Formerly RCW 82.04.430(7).]
Intent—1980 c 37: See note following RCW 82.04.4281.
Sales and use tax exemption for materials and supplies used in packing
horticultural products: RCW 82.08.0311 and 82.12.0311.
82.04.4289 Exemption—Compensation for services
to patients and attendant sales of prescription drugs by
nonprofit kidney dialysis facilities, nonprofit hospice
agencies, and nursing homes and homes for unwed
mothers operated by religious or charitable organizations. This chapter does not apply to amounts derived as
compensation for services rendered to patients or from sales
of prescription drugs as defined in RCW 82.08.0281 furnished as an integral part of services rendered to patients by
a kidney dialysis facility operated as a nonprofit corporation,
a nonprofit hospice agency licensed under chapter 70.127
RCW, and nursing homes and homes for unwed mothers
[Title 82 RCW—page 37]
82.04.4289
Title 82 RCW: Excise Taxes
operated as religious or charitable organizations, but only if
no part of the net earnings received by such an institution
inures directly or indirectly, to any person other than the
institution entitled to deduction hereunder. [1998 c 325 § 1;
1993 c 492 § 305; 1981 c 178 § 2; 1980 c 37 § 10. Formerly RCW 82.04.430(9).]
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4291 Deductions—Compensation received by
a political subdivision from another political subdivision
for services taxable under RCW 82.04.290. In computing
tax there may be deducted from the measure of tax amounts
derived by a political subdivision of the state of Washington
from another political subdivision of the state of Washington
as compensation for services which are within the purview
of RCW 82.04.290. [1980 c 37 § 11. Formerly RCW
82.04.430(10).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4292 Deductions—Interest on investments or
loans secured by mortgages or deeds of trust. In computing tax there may be deducted from the measure of tax by
those engaged in banking, loan, security or other financial
businesses, amounts derived from interest received on
investments or loans primarily secured by first mortgages or
trust deeds on nontransient residential properties. [1980 c 37
§ 12. Formerly RCW 82.04.430(11).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4293 Deductions—Interest on obligations of
the state, its political subdivisions, and municipal corporations. In computing tax there may be deducted from the
measure of tax by those engaged in banking, loan, security
or other financial businesses, amounts derived from interest
paid on all obligations of the state of Washington, its
political subdivisions, and municipal corporations organized
pursuant to the laws thereof. [1980 c 37 § 13. Formerly
RCW 82.04.430(12).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4294 Deductions—Interest on loans to farmers and ranchers, producers or harvesters of aquatic
products, or their cooperatives. In computing tax there
may be deducted from the measure of tax amounts derived
as interest on loans to bona fide farmers and ranchers,
producers or harvesters of aquatic products, or their cooperatives by a lending institution which is owned exclusively
by its borrowers or members and which is engaged solely in
the business of making loans and providing finance-related
services to bona fide farmers and ranchers, producers or
harvesters of aquatic products, their cooperatives, rural
residents for housing, or persons engaged in furnishing farmrelated or aquatic-related services to these individuals or
entities. [1980 c 37 § 14. Formerly RCW 82.04.430(13).]
Intent—1980 c 37: See note following RCW 82.04.4281.
[Title 82 RCW—page 38]
82.04.4295 Deductions—Manufacturing activities
completed outside the United States. In computing tax
there may be deducted from the measure of tax by persons
subject to payment of the tax on manufacturers pursuant to
RCW 82.04.240, the value of articles to the extent of
manufacturing activities completed outside the United States,
if:
(1) Any additional processing of such articles in this
state consists of minor final assembly only; and
(2) In the case of domestic manufacture of such articles,
can be and normally is done at the place of initial manufacture; and
(3) The total cost of the minor final assembly does not
exceed two percent of the value of the articles; and
(4) The articles are sold and shipped outside the state.
[1980 c 37 § 15. Formerly RCW 82.04.430(14).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4296 Deductions—Reimbursement for accommodation expenditures by funeral homes. In computing
tax there may be deducted from the measure of tax that portion of amounts received by any funeral home licensed to do
business in this state which is received as reimbursements
for expenditures (for goods supplied or services rendered by
a person not employed by or affiliated or associated with the
funeral home) and advanced by such funeral home as an
accommodation to the persons paying for a funeral, so long
as such expenditures and advances are billed to the persons
paying for the funeral at only the exact cost thereof and are
separately itemized in the billing statement delivered to such
persons. [1980 c 37 § 16. Formerly RCW 82.04.430(15).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.4297 Deductions—Compensation from public
entities for health or social welfare services—Exception.
In computing tax there may be deducted from the measure
of tax amounts received from the United States or any instrumentality thereof or from the state of Washington or any
municipal corporation or political subdivision thereof as
compensation for, or to support, health or social welfare
services rendered by a health or social welfare organization
or by a municipal corporation or political subdivision, except
deductions are not allowed under this section for amounts
that are received under an employee benefit plan. [2002 c
314 § 3; 2001 2nd sp.s. c 23 § 2; 1988 c 67 § 1; 1980 c 37
§ 17. Formerly RCW 82.04.430(16).]
Findings—Refund of taxes—Effective date—2002 c 314: See notes
following RCW 82.04.4311.
Findings—2001 2nd sp.s. c 23: "The legislature finds that the
deduction under the business and occupation tax statutes for compensation
from public entities for health or social welfare services was intended to
provide government with greater purchasing power when government
provides financial support for the provision of health or social welfare
services to benefited classes of persons. The legislature also finds that both
the legislature and the United States congress have in recent years modified
government-funded health care programs to encourage participation by
beneficiaries in highly regulated managed care programs operated by
persons who act as intermediaries between government entities and health
or social welfare organizations. The legislature further finds that the
objective of these changes is again to extend the purchasing power of scarce
government health care resources, but that this objective would be thwarted
to a significant degree if the business and occupation tax deduction were
lost by health or social welfare organizations solely on account of their
participation in managed care for government-funded health programs. In
(2002 Ed.)
Business and Occupation Tax
keeping with the original purpose of the health or social welfare deduction,
it is desirable to ensure that compensation received from government
sources through contractual managed care programs also be deductible."
[2001 2nd sp.s. c 23 § 1.]
Effective date—2001 2nd sp.s. c 23: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [July 13, 2001]." [2001 2nd sp.s. c 23 § 4.]
Intent—1980 c 37: See note following RCW 82.04.4281.
"Health or social welfare organization" defined for RCW 82.04.4297—
Conditions for exemption—"Health or social welfare services"
defined: RCW 82.04.431.
82.04.4298 Deductions—Repair, maintenance,
replacement, etc., of residential structures and commonly
held property—Eligible organizations. (1) In computing
tax there may be deducted from the measure of tax amounts
used solely for repair, maintenance, replacement, management, or improvement of the residential structures and
commonly held property, but excluding property where fees
or charges are made for use by the public who are not guests
accompanied by a member, which are derived by:
(a) A cooperative housing association, corporation, or
partnership from a person who resides in a structure owned
by the cooperative housing association, corporation, or
partnership;
(b) An association of owners of property as defined in
RCW 64.32.010, as now or hereafter amended, from a
person who is an apartment owner as defined in RCW
64.32.010; or
(c) An association of owners of residential property
from a person who is a member of the association. "Association of owners of residential property" means any organization of all the owners of residential property in a defined
area who all hold the same property in common within the
area.
(2) For the purposes of this section "commonly held
property" includes areas required for common access such as
reception areas, halls, stairways, parking, etc., and may
include recreation rooms, swimming pools and small parks
or recreation areas; but is not intended to include more
grounds than are normally required in a residential area, or
to include such extensive areas as required for golf courses,
campgrounds, hiking and riding areas, boating areas, etc.
(3) To qualify for the deductions under this section:
(a) The salary or compensation paid to officers, managers, or employees must be only for actual services rendered
and at levels comparable to the salary or compensation of
like positions within the county wherein the property is
located;
(b) Dues, fees, or assessments in excess of amounts
needed for the purposes for which the deduction is allowed
must be rebated to the members of the association;
(c) Assets of the association or organization must be
distributable to all members and must not inure to the benefit
of any single member or group of members. [1980 c 37 §
18. Formerly RCW 82.04.430(17).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.04.431 "Health or social welfare organization"
defined for RCW 82.04.4297—Conditions for exemption—"Health or social welfare services" defined. (1) For
the purposes of RCW 82.04.4297, the term "health or social
(2002 Ed.)
82.04.4297
welfare organization" means an organization, including any
community action council, which renders health or social
welfare services as defined in subsection (2) of this section,
which is a not-for-profit corporation under chapter 24.03
RCW and which is managed by a governing board of not
less than eight individuals none of whom is a paid employee
of the organization or which is a corporation sole under
chapter 24.12 RCW. Health or social welfare organization
does not include a corporation providing professional
services as authorized in chapter 18.100 RCW. In addition
a corporation in order to be exempt under RCW 82.04.4297
shall satisfy the following conditions:
(a) No part of its income may be paid directly or
indirectly to its members, stockholders, officers, directors, or
trustees except in the form of services rendered by the
corporation in accordance with its purposes and bylaws;
(b) Salary or compensation paid to its officers and
executives must be only for actual services rendered, and at
levels comparable to the salary or compensation of like
positions within the public service of the state;
(c) Assets of the corporation must be irrevocably
dedicated to the activities for which the exemption is granted
and, on the liquidation, dissolution, or abandonment by the
corporation, may not inure directly or indirectly to the benefit of any member or individual except a nonprofit organization, association, or corporation which also would be entitled
to the exemption;
(d) The corporation must be duly licensed or certified
where licensing or certification is required by law or
regulation;
(e) The amounts received qualifying for exemption must
be used for the activities for which the exemption is granted;
(f) Services must be available regardless of race, color,
national origin, or ancestry; and
(g) The director of revenue shall have access to its
books in order to determine whether the corporation is
exempt from taxes within the intent of RCW 82.04.4297 and
this section.
(2) The term "health or social welfare services" includes
and is limited to:
(a) Mental health, drug, or alcoholism counseling or
treatment;
(b) Family counseling;
(c) Health care services;
(d) Therapeutic, diagnostic, rehabilitative, or restorative
services for the care of the sick, aged, or physically, developmentally, or emotionally-disabled individuals;
(e) Activities which are for the purpose of preventing or
ameliorating juvenile delinquency or child abuse, including
recreational activities for those purposes;
(f) Care of orphans or foster children;
(g) Day care of children;
(h) Employment development, training, and placement;
(i) Legal services to the indigent;
(j) Weatherization assistance or minor home repair for
low-income homeowners or renters;
(k) Assistance to low-income homeowners and renters
to offset the cost of home heating energy, through direct
benefits to eligible households or to fuel vendors on behalf
of eligible households; and
(l) Community services to low-income individuals,
families, and groups, which are designed to have a measur[Title 82 RCW—page 39]
82.04.431
Title 82 RCW: Excise Taxes
able and potentially major impact on causes of poverty in
communities of the state. [1986 c 261 § 6; 1985 c 431 § 3;
1983 1st ex.s. c 66 § 1; 1980 c 37 § 80; 1979 ex.s. c 196 §
6.]
Intent—1980 c 37: See note following RCW 82.04.4281.
Effective date—1979 ex.s. c 196: See note following RCW
82.04.240.
any instrumentality thereof or from the state of Washington
or any municipal corporation or subdivision thereof as
compensation for, or to support, artistic or cultural exhibitions, performances, or programs provided by an artistic or
cultural organization for attendance or viewing by the
general public. [1981 c 140 § 1.]
"Artistic or cultural organization" defined: RCW 82.04.4328.
82.04.4311 Deductions—Compensation received
under the federal medicare program by certain nonprofit
and municipal hospitals. A public hospital that is owned
by a municipal corporation or political subdivision, or a
nonprofit hospital that qualifies as a health and social
welfare organization as defined in RCW 82.04.431, may deduct from the measure of tax amounts received as compensation for health care services covered under the federal
medicare program authorized under Title XVIII of the
federal social security act; medical assistance, children’s
health, or other program under chapter 74.09 RCW; or for
the state of Washington basic health plan under chapter
70.47 RCW. The deduction authorized by this section does
not apply to amounts received from patient copayments or
patient deductibles. [2002 c 314 § 2.]
82.04.4324 Deductions—Artistic or cultural organization—Deduction for tax under RCW 82.04.240—Value
of articles for use in displaying art objects or presenting
artistic or cultural exhibitions, performances, or programs. In computing tax there may be deducted from the
measure of tax by persons subject to payment of the tax on
manufacturing under RCW 82.04.240, the value of articles
to the extent manufacturing activities are undertaken by an
artistic or cultural organization solely for the purpose of
manufacturing articles for use by the organization in displaying art objects or presenting artistic or cultural exhibitions,
performances, or programs for attendance or viewing by the
general public. [1981 c 140 § 2.]
Findings—2002 c 314: "The legislature finds that the provision of
health services to those people who receive federal or state subsidized health
care benefits by reason of age, disability, or lack of income is a recognized,
necessary, and vital governmental function. As a result, the legislature finds
that it would be inconsistent with that governmental function to tax amounts
received by a public hospital or nonprofit hospital qualifying as a health and
social welfare organization, when the amounts are paid under a health
service program subsidized by federal or state government. Further, the tax
status of these amounts should not depend on whether the amounts are
received directly from the qualifying program or through a managed health
care organization under contract to manage benefits for a qualifying
program. Therefore, the legislature adopts this act to provide a clear and
understandable deduction for these amounts, and to provide refunds for
taxes paid as specified in section 4 of this act." [2002 c 314 § 1.]
Refund of taxes—2002 c 314: "A public hospital owned by a
municipal corporation or political subdivision, or a nonprofit hospital that
qualifies as a health and social welfare organization under RCW 82.04.431,
is entitled to:
(1) A refund of business and occupation tax paid between January 1,
1998, and April 2, 2002, on amounts that would be deductible under section
2 of this act; and
(2) A waiver of tax liability for accrued, but unpaid taxes that would
be deductible under section 2 of this act." [2002 c 314 § 4.]
Effective date—2002 c 314: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 2, 2002]." [2002 c 314 § 5.]
82.04.4326 Deductions—Artistic or cultural organizations—Tuition charges for attending artistic or cultural
education programs. In computing tax there may be
deducted from the measure of tax amounts received by
artistic or cultural organizations as tuition charges collected
for the privilege of attending artistic or cultural education
programs. [1981 c 140 § 3.]
82.04.432 Deductions—Municipal sewer service fees
or charges. In computing the tax imposed by this chapter,
municipal sewerage utilities and other public corporations
imposing and collecting fees or charges for sewer service
may deduct from the measure of the tax, amounts paid to
another municipal corporation or governmental agency for
sewerage interception, treatment or disposal. [1967 ex.s. c
149 § 17.]
82.04.4322 Deductions—Artistic or cultural organization—Compensation from United States, state, etc., for
artistic or cultural exhibitions, performances, or programs. In computing tax there may be deducted from the
measure of tax amounts received from the United States or
[Title 82 RCW—page 40]
"Artistic or cultural organization" defined: RCW 82.04.4328.
"Artistic or cultural organization" defined: RCW 82.04.4328.
82.04.4327 Deductions—Artistic and cultural
organizations—Income from business activities. In
computing tax there may be deducted from the measure of
tax those amounts received by artistic or cultural organizations which represent income derived from business activities
conducted by the organization. [1985 c 471 § 6.]
Severability—Effective date—1985 c 471: See notes following
RCW 82.04.260.
"Artistic or cultural organization" defined: RCW 82.04.4328.
82.04.4328 "Artistic or cultural organization"
defined. (1) For the purposes of RCW 82.04.4322,
82.04.4324, 82.04.4326, 82.04.4327, 82.08.031, and
82.12.031, the term "artistic or cultural organization" means
an organization which is organized and operated exclusively
for the purpose of providing artistic or cultural exhibitions,
presentations, or performances or cultural or art education
programs, as defined in subsection (2) of this section, for
viewing or attendance by the general public. The organization must be a not-for-profit corporation under chapter 24.03
RCW and managed by a governing board of not less than
eight individuals none of whom is a paid employee of the
organization or by a corporation sole under chapter 24.12
RCW. In addition, to qualify for deduction or exemption
from taxation under RCW 82.04.4322, 82.04.4324,
82.04.4326, 82.04.4327, 82.08.031, and 82.12.031, the corporation shall satisfy the following conditions:
(a) No part of its income may be paid directly or
indirectly to its members, stockholders, officers, directors, or
(2002 Ed.)
Business and Occupation Tax
trustees except in the form of services rendered by the
corporation in accordance with its purposes and bylaws;
(b) Salary or compensation paid to its officers and
executives must be only for actual services rendered, and at
levels comparable to the salary or compensation of like
positions within the state;
(c) Assets of the corporation must be irrevocably
dedicated to the activities for which the exemption is granted
and, on the liquidation, dissolution, or abandonment by the
corporation, may not inure directly or indirectly to the benefit of any member or individual except a nonprofit organization, association, or corporation which also would be entitled
to the exemption;
(d) The corporation must be duly licensed or certified
when licensing or certification is required by law or regulation;
(e) The amounts received that qualify for exemption
must be used for the activities for which the exemption is
granted;
(f) Services must be available regardless of race, color,
national origin, or ancestry; and
(g) The director of revenue shall have access to its
books in order to determine whether the corporation is
exempt from taxes.
(2) The term "artistic or cultural exhibitions, presentations, or performances or cultural or art education programs"
includes and is limited to:
(a) An exhibition or presentation of works of art or
objects of cultural or historical significance, such as those
commonly displayed in art or history museums;
(b) A musical or dramatic performance or series of
performances; or
(c) An educational seminar or program, or series of such
programs, offered by the organization to the general public
on an artistic, cultural, or historical subject. [1985 c 471 §
7; 1981 c 140 § 6.]
Severability—Effective date—1985 c 471: See notes following
RCW 82.04.260.
82.04.4329 Deductions—Health insurance pool
members—Deficit assessments. In computing tax there
may be deducted from the measure of tax the amount of any
assessment against the taxpayer under RCW 48.41.010
through 48.41.210. Any portion of the deduction allowed in
this section which cannot be deducted in a tax year without
reducing taxable premiums below zero may be carried
forward and deducted in successive years until the deduction
is exhausted. Amounts deducted under RCW 48.14.022 may
not be deducted under this section. [1987 c 431 § 24.]
Severability—1987 c 431: See RCW 43.41.910.
82.04.4328
taxable under Title 82 RCW prior to the enactment of this
section. [1985 c 471 § 16.]
Severability—Effective date—1985 c 471: See notes following
RCW 82.04.260.
82.04.4331 Deductions—Insurance claims for state
health care coverage. In computing tax, insurers as defined
by RCW 48.01.050, may deduct from the measure of tax
amounts paid out for claims incurred before July 1, 1990, for
covered health services under medical and dental coverage
purchased under chapter 41.05 RCW. [1988 c 107 § 33.]
Implementation—Effective dates—1988 c 107: See RCW
41.05.901.
82.04.4332 Deductions—Tuition fees of foreign
degree-granting institutions. An approved branch campus
of a foreign degree-granting institution in compliance with
chapter 28B.90 RCW is considered an educational institution
for the purpose of the deduction of tuition fees provided by
RCW 82.04.170 in those instances where it is recognized as
an organization exempt from income taxes pursuant to 26
U.S.C. Sec. 501(c). [1993 c 181 § 10.]
82.04.4333 Credit—Job training services—
Approval. (1) There may be credited against the tax
imposed by this chapter, the value of state-approved,
employer-provided or sponsored job training services
designed to enhance the job-related performance of employees, for those businesses eligible for a tax deferral under
chapter 82.60 RCW.
(2) The value of the state-approved, job training services
provided by the employer to the employee, without charge,
shall be determined by the allocation of the cost method
using generally accepted accounting standards.
(3) The credit allowed under this section shall be limited
to an amount equal to twenty percent of the value of the
state-approved, job training services determined under
subsection (2) of this section. The total credits allowed
under this section for a business shall not exceed five
thousand dollars per calendar year.
(4) Prior to claiming the credit under this section, the
business must obtain approval of the proposed job training
service from the employment security department. The
employer’s request for approval must include a description
of the proposed job training service, how the job training
will enhance the employee’s performance, and the cost of
the proposed job training.
(5) This section only applies to training in respect to
eligible business projects for which an application is approved on or after January 1, 1996. [1996 c 1 § 4.]
Effective date—1996 c 1: See note following RCW 82.04.255.
82.04.433 Deductions—Sales of fuel for consumption outside United States’ waters by vessels in foreign
commerce—Construction. (1) In computing tax there may
be deducted from the measure of tax amounts derived from
sales of fuel for consumption outside the territorial waters of
the United States, by vessels used primarily in foreign
commerce.
(2) Nothing in this section shall be construed to imply
that amounts which may be deducted under this section were
(2002 Ed.)
82.04.434 Credit—Public safety standards and
testing. (1) There may be credited against the tax imposed
by this chapter, the value of services and information
relating to setting of standards and testing for public safety
provided to the state of Washington, without charge, at the
state’s request, by a nonprofit corporation that is:
(a) Organized and operated for the purpose of setting
standards and testing for public safety; and
[Title 82 RCW—page 41]
82.04.434
Title 82 RCW: Excise Taxes
(b) Exempt from federal income tax under section
501(c)(3) of the Internal Revenue Code of 1986, as amended; and
(c) Organized with no direct or indirect industry
affiliation.
(2) The value of the services and information requested
by the state and provided to the state, without charge, shall
be determined by the allocation of the cost method using
generally accepted accounting standards.
(3) The credit allowed under this section shall be limited
to the amount of tax imposed by this chapter. Any unused
excess credit in a reporting period may be carried forward to
future reporting periods for a maximum of one year. [1991
c 13 § 1.]
Effective date—1991 c 13: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 13 § 2.]
82.04.440 Persons taxable on multiple activities—
Credits. (1) Every person engaged in activities which are
within the purview of the provisions of two or more of sections RCW 82.04.230 to 82.04.290, inclusive, shall be
taxable under each paragraph applicable to the activities
engaged in.
(2) Persons taxable under RCW 82.04.250, 82.04.270,
or 82.04.260(4) with respect to selling products in this state
shall be allowed a credit against those taxes for any (a)
manufacturing taxes paid with respect to the manufacturing
of products so sold in this state, and/or (b) extracting taxes
paid with respect to the extracting of products so sold in this
state or ingredients of products so sold in this state. Extracting taxes taken as credit under subsection (3) of this section may also be taken under this subsection, if otherwise
allowable under this subsection. The amount of the credit
shall not exceed the tax liability arising under this chapter
with respect to the sale of those products.
(3) Persons taxable under RCW 82.04.240 or
82.04.260(1)(b) shall be allowed a credit against those taxes
for any extracting taxes paid with respect to extracting the
ingredients of the products so manufactured in this state.
The amount of the credit shall not exceed the tax liability
arising under this chapter with respect to the manufacturing
of those products.
(4) Persons taxable under RCW 82.04.230, 82.04.240,
or 82.04.260 (1), (2), (4), or (6) with respect to extracting or
manufacturing products in this state shall be allowed a credit
against those taxes for any (i) gross receipts taxes paid to
another state with respect to the sales of the products so
extracted or manufactured in this state, (ii) manufacturing
taxes paid with respect to the manufacturing of products
using ingredients so extracted in this state, or (iii) manufacturing taxes paid with respect to manufacturing activities
completed in another state for products so manufactured in
this state. The amount of the credit shall not exceed the tax
liability arising under this chapter with respect to the
extraction or manufacturing of those products.
(5) For the purpose of this section:
(a) "Gross receipts tax" means a tax:
(i) Which is imposed on or measured by the gross
volume of business, in terms of gross receipts or in other
terms, and in the determination of which the deductions
[Title 82 RCW—page 42]
allowed would not constitute the tax an income tax or value
added tax; and
(ii) Which is also not, pursuant to law or custom,
separately stated from the sales price.
(b) "State" means (i) the state of Washington, (ii) a state
of the United States other than Washington, or any political
subdivision of such other state, (iii) the District of Columbia,
and (iv) any foreign country or political subdivision thereof.
(c) "Manufacturing tax" means a gross receipts tax
imposed on the act or privilege of engaging in business as a
manufacturer, and includes (i) the taxes imposed in RCW
82.04.240 and 82.04.260 (1), (2), and (4), and (ii) similar
gross receipts taxes paid to other states.
(d) "Extracting tax" means a gross receipts tax imposed
on the act or privilege of engaging in business as an extractor, and includes the tax imposed in RCW 82.04.230 and
similar gross receipts taxes paid to other states.
(e) "Business", "manufacturer", "extractor", and other
terms used in this section have the meanings given in RCW
82.04.020 through 82.04.212, notwithstanding the use of
those terms in the context of describing taxes imposed by
other states. [1998 c 312 § 9; 1994 c 124 § 4; 1987 2nd
ex.s. c 3 § 2; 1985 c 190 § 1; 1981 c 172 § 5; 1967 ex.s. c
149 § 16; 1965 ex.s. c 173 § 12; 1961 c 15 § 82.04.440.
Prior: 1959 c 211 § 3; 1951 1st ex.s. c 9 § 1; 1950 ex.s. c
5 § 2; 1949 c 228 § 2-A; 1943 c 156 § 3; 1941 c 178 § 3;
1939 c 225 § 3; 1937 c 227 § 3; 1935 c 180 § 6; Rem.
Supp. 1949 § 8370-6.]
Effective date—Savings—1998 c 312: See notes following RCW
82.04.332.
Retroactive application—1994 c 124: "Except as otherwise provided
in section 6 of this act, section 4 of this act applies retrospectively to all tax
reporting periods on or after June 23, 1987." [1994 c 124 § 7.]
Legislative findings and intent—1987 2nd ex.s. c 3: "The
legislature finds that the invalidation of the multiple activities exemption
contained in RCW 82.04.440 by the United States Supreme Court now
requires adjustments to the state’s business and occupation tax to achieve
constitutional equality between Washington taxpayers who have conducted
and will continue to conduct business in interstate and intrastate commerce.
It is the intent of chapter 3, Laws of 1987 2nd ex. sess. and sections 4
through 7 of this act to preserve the integrity of Washington’s business and
occupation tax system and impose only that financial burden upon the state
necessary to establish parity in taxation between such taxpayers.
Thus, chapter 3, Laws of 1987 2nd ex. sess. and sections 4 through
7 of this act extends [extend] the system of credits originated in RCW
82.04.440 in 1985 to provide for equal treatment of taxpayers engaging in
extracting, manufacturing or selling regardless of the location in which any
of such activities occurs. It is further intended that RCW 82.04.440, as
amended by section 2, chapter 3, Laws of 1987 2nd ex. sess. and sections
4 through 7 of this act, shall be construed and applied in a manner that will
eliminate unconstitutional discrimination between taxpayers and ensure the
preservation and collection of revenues from the conduct of multiple
activities in which taxpayers in this state may engage." [1994 c 124 § 5;
1987 2nd ex.s. c 3 § 1.]
Application to prior reporting periods—1987 2nd ex.s. c 3: "If it
is determined by a court of competent jurisdiction, in a judgment not subject
to review, that relief is appropriate for any tax reporting periods before
August 11, 1987, in respect to RCW 82.04.440 as it existed before August
11, 1987, it is the intent of the legislature that the credits provided in RCW
82.04.440 as amended by section 2, chapter 3, Laws of 1987 2nd ex. sess.
and section 4 of this act shall be applied to such reporting periods and that
relief for such periods be limited to the granting of such credits." [1994 c
124 § 6; 1987 2nd ex.s. c 3 § 3.]
Severability—1987 2nd ex.s. c 3: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 2nd ex.s. c 3 § 4.]
(2002 Ed.)
Business and Occupation Tax
Severability—1985 c 190: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 190 § 8.]
Effective dates—1981 c 172: See note following RCW 82.04.240.
82.04.4451 Credit against tax due—Maximum
credit—Table. (1) In computing the tax imposed under this
chapter, a credit is allowed against the amount of tax
otherwise due under this chapter, as provided in this section.
The maximum credit for a taxpayer for a reporting period is
thirty-five dollars multiplied by the number of months in the
reporting period, as determined under RCW 82.32.045.
(2) When the amount of tax otherwise due under this
chapter is equal to or less than the maximum credit, a credit
is allowed equal to the amount of tax otherwise due under
this chapter.
(3) When the amount of tax otherwise due under this
chapter exceeds the maximum credit, a reduced credit is
allowed equal to twice the maximum credit, minus the tax
otherwise due under this chapter, but not less than zero.
(4) The department may prepare a tax credit table
consisting of tax ranges using increments of no more than
five dollars and a corresponding tax credit to be applied to
those tax ranges. The table shall be prepared in such a
manner that no taxpayer will owe a greater amount of tax by
using the table than would be owed by performing the
calculation under subsections (1) through (3) of this section.
A table prepared by the department under this subsection
shall be used by all taxpayers in taking the credit provided
in this section. [1997 c 238 § 2; 1994 sp.s. c 2 § 1.]
Findings—Intent—1997 c 238: "The legislature finds that many
businesses have difficulty applying the small business credit under RCW
82.04.4451. Further, the legislature appreciates the valuable time and
resources small businesses expend on calculating the amount of credit based
upon a statutory formula. For the purpose of tax simplification, it is the
intent of this act to direct the department of revenue to create a schedule,
in standard increments, to replace required calculations for the small
business credit. Each taxpayer can make reference to the taxpayer’s tax
range on the schedule and find the amount of the taxpayer’s small business
credit. Further, no taxpayer will owe a greater amount of tax nor will any
taxpayer be responsible for a greater amount of taxes otherwise due." [1997
c 238 § 1.]
Effective date—1994 sp.s. c 2: "This act shall take effect on July 1,
1994." [1994 sp.s. c 2 § 5.]
Application to reporting periods—1994 sp.s. c 2 § 1: "Section 1 of
this act applies to the entire period of reporting periods ending after July 1,
1994." [1994 sp.s. c 2 § 6.]
82.04.4452 Credit—Research and development
spending—Assessment report. (Expires December 31,
2004.) (1) In computing the tax imposed under this chapter,
a credit is allowed for each person whose research and
development spending during the year in which the credit is
claimed exceeds 0.92 percent of the person’s taxable amount
during the same calendar year.
(2) The credit is equal to the greater of the amount of
qualified research and development expenditures of a person
or eighty percent of amounts received by a person other than
a public educational or research institution in compensation
for the conduct of qualified research and development, multiplied by the rate provided in RCW 82.04.260(3) in the case
of a nonprofit corporation or nonprofit association engaging
(2002 Ed.)
82.04.440
within this state in research and development, and the rate
provided in RCW 82.04.290(2) for every other person.
(3) Any person entitled to the credit provided in
subsection (2) of this section as a result of qualified research
and development conducted under contract may assign all or
any portion of the credit to the person contracting for the
performance of the qualified research and development.
(4) The credit, including any credit assigned to a person
under subsection (3) of this section, shall be taken against
taxes due for the same calendar year in which the qualified
research and development expenditures are incurred. The
credit, including any credit assigned to a person under
subsection (3) of this section, for each calendar year shall
not exceed the lesser of two million dollars or the amount of
tax otherwise due under this chapter for the calendar year.
(5) Any person taking the credit, including any credit
assigned to a person under subsection (3) of this section,
whose research and development spending during the
calendar year in which the credit is claimed fails to exceed
0.92 percent of the person’s taxable amount during the same
calendar year shall be liable for payment of the additional
taxes represented by the amount of credit taken together with
interest, but not penalties. Interest shall be due at the rate
provided for delinquent excise taxes retroactively to the date
the credit was taken until the taxes are paid. Any credit
assigned to a person under subsection (3) of this section that
is disallowed as a result of this section may be taken by the
person who performed the qualified research and development subject to the limitations set forth in subsection (4) of
this section.
(6) Any person claiming the credit, and any person
assigning a credit as provided in subsection (3) of this
section, shall file an affidavit form prescribed by the
department which shall include the amount of the credit
claimed, an estimate of the anticipated qualified research and
development expenditures during the calendar year for which
the credit is claimed, an estimate of the taxable amount
during the calendar year for which the credit is claimed, and
such additional information as the department may prescribe.
(7) A person claiming the credit shall agree to supply
the department with information necessary to measure the
results of the tax credit program for qualified research and
development expenditures.
(8) The department shall use the information required
under subsection (7) of this section to perform three assessments on the tax credit program authorized under this
section. The assessments will take place in 1997, 2000, and
2003. The department shall prepare reports on each assessment and deliver their reports by September 1, 1997,
September 1, 2000, and September 1, 2003. The assessments shall measure the effect of the program on job
creation, the number of jobs created for Washington residents, company growth, the introduction of new products, the
diversification of the state’s economy, growth in research
and development investment, the movement of firms or the
consolidation of firms’ operations into the state, and such
other factors as the department selects.
(9) For the purpose of this section:
(a) "Qualified research and development expenditures"
means operating expenses, including wages, compensation of
a proprietor or a partner in a partnership as determined under
rules adopted by the department, benefits, supplies, and
[Title 82 RCW—page 43]
82.04.4452
Title 82 RCW: Excise Taxes
computer expenses, directly incurred in qualified research
and development by a person claiming the credit provided in
this section. The term does not include amounts paid to a
person other than a public educational or research institution
to conduct qualified research and development. Nor does the
term include capital costs and overhead, such as expenses for
land, structures, or depreciable property.
(b) "Qualified research and development" shall have the
same meaning as in RCW 82.63.010.
(c) "Research and development spending" means
qualified research and development expenditures plus eighty
percent of amounts paid to a person other than a public
educational or research institution to conduct qualified
research and development.
(d) "Taxable amount" means the taxable amount subject
to the tax imposed in this chapter required to be reported on
the person’s combined excise tax returns during the year in
which the credit is claimed, less any taxable amount for
which a credit is allowed under RCW 82.04.440.
(10) This section expires December 31, 2004. [2000 c
103 § 7; 1997 c 7 § 4; 1994 sp.s. c 5 § 2.]
Savings—Effective date—1997 c 7: See notes following RCW
82.04.255.
Findings—Effective date—1994 sp.s. c 5: See RCW 82.63.005 and
82.63.900.
82.04.44525 Credit—New employment for international service activities in eligible areas—Designation of
census tracts for eligibility—Records—Tax due upon
ineligibility—Interest assessment—Information from
employment security department. (1) Subject to the limits
in this section, an eligible person is allowed a credit against
the tax due under this chapter. The credit is based on
qualified employment positions in eligible areas. The credit
is available to persons who are engaged in international
services as defined in this section. In order to receive the
credit, the international service activities must take place at
a business within the eligible area.
(2)(a) The credit shall equal three thousand dollars for
each qualified employment position created after July 1,
1998, in an eligible area. A credit is earned for the calendar
year the person is hired to fill the position, plus the four
subsequent consecutive years, if the position is maintained
for those four years.
(b) Credit may not be taken for hiring of persons into
positions that exist on July 1, 1998. Credit is authorized for
new employees hired for new positions created after July 1,
1998. New positions filled by existing employees are
eligible for the credit under this section only if the position
vacated by the existing employee is filled by a new hire.
(c) When a position is newly created, if it is filled
before July 1st, this position is eligible for the full yearly
credit. If it is filled after June 30th, this position is eligible
for half of the credit.
(d) Credit may be accrued and carried over until it is
used. No refunds may be granted for credits under this
section.
(3) For the purposes of this section:
(a) "Eligible area" means: (i) A community empowerment zone under *RCW 43.63A.700; or (ii) a contiguous
group of census tracts that meets the unemployment and
[Title 82 RCW—page 44]
poverty criteria of *RCW 43.63A.710 and is designated
under subsection (4) of this section;
(b) "Eligible person" means a person, as defined in
RCW 82.04.030, who in an eligible area at a specific
location is engaged in the business of providing international
services;
(c)(i) "International services" means the provision of a
service, as defined under (c)(iii) of this subsection, that is
subject to tax under RCW 82.04.290(2), and either:
(A) Is for a person domiciled outside the United States;
or
(B) The service itself is for use primarily outside of the
United States.
(ii) "International services" excludes any service taxable
under RCW 82.04.290(1).
(iii) Eligible services are: Computer; data processing;
information; legal; accounting and tax preparation; engineering; architectural; business consulting; business management;
public relations and advertising; surveying; geological
consulting; real estate appraisal; or financial services. For
the purposes of this section these services mean the following:
(A) "Computer services" are services such as computer
programming, custom software modification, customization
of canned software, custom software installation, custom
software maintenance, custom software repair, training in the
use of software, computer systems design, and custom
software update services;
(B) "Data processing services" are services such as word
processing, data entry, data retrieval, data search, information
compilation, payroll processing, business accounts processing, data production, and other computerized data and
information storage or manipulation. "Data processing
services" also includes the use of a computer or computer
time for data processing whether the processing is performed
by the provider of the computer or by the purchaser or other
beneficiary of the service;
(C) "Information services" are services such as electronic data retrieval or research that entails furnishing financial
or legal information, data or research, internet service as
defined in RCW 82.04.297, general or specialized news, or
current information;
(D) "Legal services" are services such as representation
by an attorney, or other person when permitted, in an
administrative or legal proceeding, legal drafting, paralegal
services, legal research services, and court reporting services,
arbitration, and mediation services;
(E) "Accounting and tax preparation services" are
services such as accounting, auditing, actuarial, bookkeeping,
or tax preparation services;
(F) "Engineering services" are services such as civil,
electrical, mechanical, petroleum, marine, nuclear, and
design engineering, machine designing, machine tool
designing, and sewage disposal system designing services;
(G) "Architectural services" are services such as
structural or landscape design or architecture, interior design,
building design, building program management, and space
planning services;
(H) "Business consulting services" are services such as
primarily providing operating counsel, advice, or assistance
to the management or owner of any business, private,
nonprofit, or public organization, including but not limited
(2002 Ed.)
Business and Occupation Tax
to those in the following areas: Administrative management
consulting; general management consulting; human resource
consulting or training; management engineering consulting;
management information systems consulting; manufacturing
management consulting; marketing consulting; operations
research consulting; personnel management consulting;
physical distribution consulting; site location consulting;
economic consulting; motel, hotel, and resort consulting; restaurant consulting; government affairs consulting; and
lobbying;
(I) "Business management services" are services such as
administrative management, business management, and office
management. "Business management services" does not
include property management or property leasing, motel,
hotel, and resort management, or automobile parking
management;
(J) "Public relations and advertising services" are
services such as layout, art direction, graphic design, copy
writing, mechanical preparation, opinion research, marketing
research, marketing, or production supervision;
(K) "Surveying services" are services such as land
surveying;
(L) "Geological consulting services" are services
rendered for the oil, gas, and mining industry and other earth
resource industries, and other services such as soil testing;
(M) "Real estate appraisal services" are services such as
market appraisal and other real estate valuation; and
(N) "Financial services" are services such as banking,
loan, security, investment management, investment advisory,
mortgage servicing, contract collection, and finance leasing
services, engaged in by financial businesses, or businesses
similar to or in competition with financial businesses; and
(d) "Qualified employment position" means a permanent
full-time position to provide international services. If an
employee is either voluntarily or involuntarily separated from
employment, the employment position is considered filled on
a full-time basis if the employer is either training or actively
recruiting a replacement employee.
(4) By ordinance, the legislative authority of a city, or
legislative authorities of contiguous cities by ordinance of
each city’s legislative authority, with population greater than
eighty thousand, located in a county containing no community empowerment zones as designated under *RCW
43.63A.700, may designate a contiguous group of census
tracts within the city or cities as an eligible area under this
section. Each of the census tracts must meet the unemployment and poverty criteria of *RCW 43.63A.710. Upon
making the designation, the city or cities shall transmit to the
department of revenue a certification letter and a map, each
explicitly describing the boundaries of the census tract. This
designation must be made by December 31, 1998.
(5) No application is necessary for the tax credit. The
person must keep records necessary for the department to
verify eligibility under this section. This information
includes:
(a) Employment records for the previous six years;
(b) Information relating to description of international
service activity engaged in at the eligible location by the
person; and
(c) Information relating to customers of international
service activity engaged in at that location by the person.
(2002 Ed.)
82.04.44525
(6) If at any time the department finds that a person is
not eligible for tax credit under this section, the amount of
taxes for which a credit has been used shall be immediately
due. The department shall assess interest, but not penalties,
on the credited taxes for which the person is not eligible.
The interest shall be assessed at the rate provided for
delinquent excise taxes under chapter 82.32 RCW, shall be
assessed retroactively to the date the tax credit was taken,
and shall accrue until the taxes for which a credit has been
used are repaid.
(7) The employment security department shall provide
to the department of revenue such information needed by the
department of revenue to verify eligibility under this section.
[1998 c 313 § 2.]
*Reviser’s note: RCW 43.63A.700 and 43.63A.710 were recodified
as RCW 43.31C.020 and 43.31C.030, respectively, pursuant to 2000 c 212
§ 11.
Intent—Findings—1998 c 313: "It is the intent of the legislature to
attract and retain businesses that provide professional services and insurance
services to international customers. To that end, the legislature finds that
an incentive measured by a business’s growth in jobs is a meaningful
method of attracting and retaining such businesses. Therefore, the incentive
in this act is specifically targeted at "net new jobs." In addition, to further
the impact and benefit of this program, this incentive is limited to those
urban areas of the state, both in eastern Washington and western Washington, that are characterized by unemployment and poverty. The legislature
finds that providing this targeted incentive will be of benefit to the state as
a whole." [1998 c 313 § 1.]
Effective date—1998 c 313: "This act takes effect July 1, 1998."
[1998 c 313 § 4.]
Insurance premium tax credit: RCW 48.14.029.
82.04.4453 Credit—Ride-sharing, public transportation, or nonmotorized commuting incentives—Penalty—
Report to legislature. (Effective until January 1, 2003.)
(1)(a) Employers in this state who are taxable under this
chapter and provide financial incentives to their employees
for ride sharing, for using public transportation, or for using
nonmotorized commuting before June 30, 2006, shall be
allowed a credit for amounts paid to or on behalf of employees for ride sharing in vehicles carrying two or more
persons, for using public transportation, or for using
nonmotorized commuting, not to exceed sixty dollars per
employee per year. The credit shall be equal to the amount
paid to or on behalf of each employee multiplied by fifty
percent, but may not exceed sixty dollars per employee per
year.
(b) Property managers who are taxable under this
chapter and provide financial incentives to persons employed
at a worksite managed by the property manager in this state
for ride sharing, for using public transportation, or for using
nonmotorized commuting before June 30, 2006, shall be
allowed a credit for amounts paid to or on behalf of these
persons for ride sharing in vehicles carrying two or more
persons, for using public transportation, or for using
nonmotorized commuting, not to exceed sixty dollars per
person per year. A person may not take a credit under this
section for amounts claimed for credit by other persons.
(c) For ride sharing in vehicles carrying two persons,
the credit shall be equal to the amount paid to or on behalf
of each employee multiplied by thirty percent, but may not
exceed sixty dollars per employee per year. The credit may
not exceed the amount of tax that would otherwise be due
under this chapter.
[Title 82 RCW—page 45]
82.04.4453
Title 82 RCW: Excise Taxes
(2) Application for tax credit under this chapter may
only be made in the form and manner prescribed in rules
adopted by the department.
(3) The credit shall be taken not more than once
quarterly and not less than once annually against taxes due
for the same calendar year in which the amounts for which
credit is claimed were paid to or on behalf of employees for
ride sharing, for using public transportation, or for using
nonmotorized commuting and must be claimed by the due
date of the last tax return for the calendar year in which the
payment is made.
(4) The director shall on the 25th of February, May,
August, and November of each year advise the state treasurer of the amount of credit taken during the preceding
calendar quarter ending on the last day of December, March,
June, and September, respectively.
(5) On the first of April, July, October, and January of
each year, the state treasurer based upon information
provided by the department shall deposit to the general fund
a sum equal to the dollar amount of the credit provided
under subsection (1) of this section from the air pollution
control account, the transportation account, and the public
transportation systems account. The first draw on reimbursements to the general fund must be from the air pollution
control account, and reimbursements must not exceed one
and one-half million dollars in any calendar year for the tax
credits claimed under RCW 82.04.4453 and 82.16.048.
Reimbursements to the general fund in excess of that amount
drawn from the air pollution control account must be drawn,
subject to appropriation, in equal amounts from the transportation account and the public transportation systems account;
but in no case may those amounts exceed three hundred
seventy-five thousand dollars from each account in any calendar year.
(6) The commute trip reduction task force shall determine the effectiveness of this tax credit as part of its
ongoing evaluation of the commute trip reduction law and
report to the legislative transportation committee and to the
fiscal committees of the house of representatives and the
senate. The report shall include information on the amount
of tax credits claimed to date and recommendations on future
funding for the tax credit program. The report shall be incorporated into the recommendations required in RCW
70.94.537(5).
(7) Any person who knowingly makes a false statement
of a material fact in the application for a credit under
subsection (1) of this section is guilty of a gross misdemeanor.
(8) A person may not receive credit for amounts paid to
or on behalf of the same employee under both this section
and RCW 82.16.048. [1999 c 402 § 1; 1996 c 128 § 1;
1994 c 270 § 2.]
Reviser’s note: This section was amended by 1999 c 402 § 1 without
cognizance of its December 31, 2000, expiration date by 1996 c 128 § 7.
Effective date—Expiration date—1996 c 128: "(1) This act takes
effect July 1, 1996.
(2) This act expires December 31, 2000." [1996 c 128 § 7.]
Finding—1994 c 270: "Transportation demand strategies that reduce
the number of vehicles on Washington state’s highways, roads, and streets,
and provide attractive and effective alternatives to single-occupancy travel
can improve ambient air quality, conserve fossil fuels, and forestall the need
for capital improvements to the state’s transportation system. The
legislature has required many public and private employers in the state’s
[Title 82 RCW—page 46]
largest counties to implement transportation demand management programs
to reduce the number of single-occupant vehicle travelers during the
morning and evening rush hours. The legislature finds that additional
transportation demand management strategies are necessary to mitigate the
adverse social, environmental, and economic effects of automobile
dependency and traffic congestion. While expensive capital improvements,
including dedicated busways and commuter rail systems, may be necessary
to improve the region’s mobility, they are only part of the solution. All
public and private entities that attract single-occupant vehicle drivers must
develop imaginative and cost-effective ways to encourage walking,
bicycling, carpooling, vanpooling, bus riding, and telecommuting. It is the
intent of the legislature to revise those portions of state law that inhibit the
application of imaginative solutions to the state’s transportation mobility
problems and to encourage many more public and private employers to
adopt effective transportation demand management strategies." [1994 c 270
§ 1.]
Expiration date—1994 c 270: "This act shall expire December 31,
2000." [1996 c 128 § 6; 1994 c 270 § 6.]
82.04.4454 Credit—Ride-sharing, public transportation, or nonmotorized commuting incentives—Ceiling.
(Effective until January 1, 2003.) (1) The department shall
keep a running total of all credits granted under RCW
82.04.4453 and 82.16.048 during each calendar year, and
shall disallow any credits that would cause the tabulation for
any calendar year to exceed two million two hundred
twenty-five thousand dollars, or the amount provided from
the air pollution control account and the appropriations from
the transportation account and the public transportation
systems account, whichever is less.
(2) No person is eligible for tax credits under RCW
82.04.4453 and 82.16.048 in excess of one hundred thousand
dollars in any calendar year.
(3) No person is eligible for tax credits under RCW
82.04.4453 in excess of the amount of tax that would
otherwise be due under this chapter.
(4) No portion of an application for credit disallowed
under this section may be carried back or carried forward.
[1999 c 402 § 3; 1996 c 128 § 2; 1994 c 270 § 3.]
Reviser’s note: This section was amended by 1999 c 402 § 3 without
recognizance of its December 31, 2000, expiration date by 1996 c 128 § 7.
Effective date—Expiration date—1996 c 128: See note following
RCW 82.04.4453.
Finding—Expiration date—1994 c 270: See notes following RCW
82.04.4453.
82.04.4456 Credit—Software programming or
manufacturing in rural counties—Eligibility—Annual
report. (Expires December 31, 2003.) (1) Subject to the
limits and provisions of this section, a credit is authorized
against the tax otherwise due under this chapter for persons
engaged in a rural county in the business of manufacturing
software or programming, as those terms are defined in this
section.
(2) A person who partially or totally relocates a business
from one rural county to another rural county is eligible for
any qualifying new jobs created as a result of the relocation
but is not eligible to receive credit for the jobs moved from
one county to the other.
(3)(a) To qualify for the credit, the qualifying activity of
the person must be conducted in a rural county and the
qualified employment position must be located in the rural
county.
(b) If an activity is conducted both from a rural county
and outside of a rural county, the credit is available if at
(2002 Ed.)
Business and Occupation Tax
least ninety percent of the qualifying activity is conducted
within a rural county. If the qualifying activity is a service
taxable activity, the place where the work is performed is the
place at which the activity is conducted.
(4)(a) The credit under this section shall equal one
thousand dollars for each qualified employment position
created after July 1, 1999, in an eligible area. A credit is
earned for the calendar year the person is hired to fill the
position. Additionally a credit is earned for each year the
position is maintained over the subsequent consecutive years,
up to four years. The county must meet the definition of a
rural county at the time the position is filled. If the county
does not have a rural county status the following year or
years, the position is still eligible for the remaining years if
all other conditions are met.
(b) Credit may not be taken for hiring of persons into
positions that exist before July 1, 1999. Credit is authorized
for new employees hired for new positions created on or
after July 1, 1999. New positions filled by existing employees are eligible for the credit under this section only if the
position vacated by the existing employee is filled by a new
hire. A business that is a sole proprietorship without any
employees is equivalent to one employee position and this
type of business is eligible to receive credit for one position.
(c) If a position is filled before July 1st, this position is
eligible for the full yearly credit for that calendar year. If it
is filled after June 30th, this position is eligible for half of
the credit for that calendar year.
(d) A person that has engaged in qualifying activities in
the rural county before August 1, 1999, qualifies for the
credit under this section for positions created and filled after
August 1, 1999.
(5) No application is necessary for the tax credit. The
person must keep records necessary for the department to
verify eligibility under this section. This information
includes information relating to description of qualifying
activity conducted in the rural county and outside the rural
county by the person as well as detailed records on positions
and employees.
(6) If at any time the department finds that a person is
not eligible for tax credit under this section, the amount of
taxes for which a credit has been claimed shall be immediately due. The department shall assess interest, but not
penalties, on the taxes for which the person is not eligible.
The interest shall be assessed at the rate provided for
delinquent excise taxes under chapter 82.32 RCW, shall be
assessed retroactively to the date the tax credit was taken,
and shall accrue until the taxes for which a credit has been
used are repaid.
(7) The credit under this section may be used against
any tax due under this chapter, but in no case may a credit
earned during one calendar year be carried over to be
credited against taxes incurred in a subsequent calendar year.
A person is not eligible to receive a credit under this section
if the person is receiving credit for the same position under
chapter 82.62 RCW or RCW 82.04.44525 or is taking the
credit under RCW 82.04.4457. No refunds may be granted
for credits under this section.
(8) A person taking tax credits under this section shall
make an annual report to the department. The report shall
be in a letter form and shall include the following information: Number of positions for which credit is being claimed,
(2002 Ed.)
82.04.4456
type of position for which credit is being claimed, type of
activity in which the person is engaged in the county, how
long the person has been located in the county, and taxpayer
name and registration number. The report must be filed by
January 30th of each year for which credit was claimed
during the previous year. Failure to file a report will not
result in the loss of eligibility under this section. However,
the department, through its research division, shall contact
taxpayers who have not filed the report and obtain the data
from the taxpayer or assist the taxpayer in the filing of the
report, so that the data and information necessary to measure
the program’s effectiveness is maintained.
(9) Transfer of ownership does not affect credit eligibility. However, the successive credits are available to the
successor for remaining periods in the five years only if the
eligibility conditions of this section are met.
(10) As used in this section:
(a) "Manufacturing" means the same as "to manufacture" under RCW 82.04.120. Manufacturing includes the
activities of both manufacturers and processors for hire.
(b) "Programming" means the activities that involve the
creation or modification of software, as that term is defined
in this chapter, and that are taxable as a service under RCW
82.04.290(2) or as a retail sale under RCW 82.04.050.
(c) "Qualifying activity" means manufacturing of
software or programming.
(d) "Qualified employment position" means a permanent
full-time position doing programming of software or manufacturing of software. This excludes administrative, professional, service, executive, and other similar positions. If an
employee is either voluntarily or involuntarily separated from
employment, the employment position is considered filled on
a full-time basis if the employer is either training or actively
recruiting a replacement employee. Full-time means a
position for at least thirty-five hours a week.
(e) "Rural county" means a county with a population
density of less than one hundred persons per square mile as
determined by the office of financial management and
published each year by the department for the period July 1st
to June 30th.
(f) "Software" has the same meaning as defined in RCW
82.04.215.
(11) No credit may be taken or accrued under this
section on or after January 1, 2004.
(12) This section expires December 31, 2003. [2000 c
106 § 11; 1999 c 311 § 302.]
Effective date—2000 c 106: See note following RCW 82.32.330.
Intent—Finding—1999 c 311: "It is the intent of the legislature to
attract and retain technology-based businesses in rural counties. Section 302
of this act provides a tax incentive to those businesses that develop or
manufacture software and hardware in rural counties. Section 303 of this
act provides a tax incentive to those businesses that are engaged in the
business of providing technical support services from rural counties.
Encouragement of these types of business will stimulate the information
technology industry and be of benefit to the state economy in general. To
further the impact and benefit of this program, this incentive is limited to
those counties of the state that are characterized by unemployment or low
income. The legislature finds that providing this targeted incentive will
both increase its effectiveness and create a high technology work force in
rural counties." [1999 c 311 § 301.]
Savings—1999 c 311: "Section 305 of this act does not affect any
existing right acquired or liability or obligation under the sections repealed
in section 305 of this act or any rule or order adopted under those sections,
[Title 82 RCW—page 47]
82.04.4456
Title 82 RCW: Excise Taxes
nor does it affect any proceeding instituted under those sections." [1999 c
311 § 605.]
Part headings and subheadings not law—Effective date—
Severability—1999 c 311: See notes following RCW 82.14.370.
82.04.4457 Credit—Information technology help
desk services conducted from rural county—Annual
report. (Expires December 31, 2003.) (1) Subject to the
limits and provisions of this section, a credit is authorized
against the tax otherwise due under this chapter for persons
engaged in a rural county in the business of providing
information technology help desk services to third parties.
(2) To qualify for the credit, the help desk services must
be conducted from a rural county.
(3) The amount of the tax credit for persons engaged in
the activity of providing information technology help desk
services in rural counties shall be equal to one hundred
percent of the amount of tax due under this chapter that is
attributable to providing the services from the rural county.
In order to qualify for the credit under this subsection, the
county must meet the definition of rural county at the time
the person begins to conduct qualifying business in the
county.
(4) No application is necessary for the tax credit. The
person must keep records necessary for the department to
verify eligibility under this section. These records include
information relating to description of activity engaged in a
rural county by the person.
(5) If at any time the department finds that a person is
not eligible for tax credit under this section, the amount of
taxes for which a credit has been used is immediately due.
The department shall assess interest, but not penalties, on the
credited taxes for which the person is not eligible. The
interest shall be assessed at the rate provided for delinquent
excise taxes under chapter 82.32 RCW, shall be assessed
retroactively to the date the tax credit was taken, and shall
accrue until the taxes for which a credit has been used are
repaid.
(6) The credit under this section may be used against
any tax due under this chapter, but in no case may a credit
earned during one calendar year be carried over to be
credited against taxes incurred in a subsequent calendar year.
No refunds may be granted for credits under this section.
(7) A person taking tax credits under this section shall
make an annual report to the department. The report shall
be in a letter form and shall include the following information: Type of activity in which the person is engaged in the
county, number of employees in the rural county, how long
the person has been located in the county, and taxpayer
name and registration number. The report must be filed by
January 30th of each year for which credit was claimed
during the previous year. Failure to file a report will not
result in the loss of eligibility under this section. However,
the department, through its research division, shall contact
taxpayers who have not filed the report and obtain the data
from the taxpayer or assist the taxpayer in the filing of the
report, so that the data and information necessary to measure
the program’s effectiveness is maintained.
(8) Transfer of ownership does not affect credit eligibility. However, the credit is available to the successor only if
the eligibility conditions of this section are met.
(9) As used in this section:
[Title 82 RCW—page 48]
(a) "Information technology help desk services" means
the following services performed using electronic and
telephonic communication:
(i) Software and hardware maintenance;
(ii) Software and hardware diagnostics and troubleshooting;
(iii) Software and hardware installation;
(iv) Software and hardware repair;
(v) Software and hardware information and training; and
(vi) Software and hardware upgrade.
(b) "Rural county" means a county with a population
density of less than one hundred persons per square mile, as
determined by the office of financial management and
published each year by the department for the period July 1st
to June 30th.
(10) This section expires December 31, 2003. [2000 c
106 § 12; 1999 c 311 § 303.]
Effective date—2000 c 106: See note following RCW 82.32.330.
Part headings and subheadings not law—Effective date—
Severability—1999 c 311: See notes following RCW 82.14.370.
Intent—Finding—Savings—1999 c 311: See notes following RCW
82.04.4456.
82.04.4459 Credit—Field burning reduction costs.
(Expires January 1, 2006.) (1) A person who is eligible for
the exemption under RCW 82.08.840 or 82.12.840 may take
a credit against tax imposed by this chapter, subject to the
limitations in this section.
(2) The credit under this section is equal to fifty percent
of the amount of costs expended for constructing structures
or acquiring machinery and equipment for which an exemption was taken under RCW 82.08.840 or 82.12.840.
(3) No application is necessary for the credit under this
section. A person taking the credit must keep records
necessary for the department to verify eligibility under this
section. Tax credit may not be claimed for expenditures that
occurred before March 22, 2000.
(4) No applicant is eligible for tax credits under this
section in excess of the amount of tax that would otherwise
be due under this chapter. Approved credit may not be
carried over to subsequent calendar years. The credit must
be claimed by the due date of the last tax return for the
calendar year in which the payment is made. Any unused
credit expires. Refunds shall not be given in place of
credits.
(5) This section expires January 1, 2006. [2000 c 40 §
4.]
Intent—Effective date—2000 c 40: See notes following RCW
82.08.840.
82.04.447 Credit—Natural or manufactured gas
purchased by direct service industrial customers—
Reports. (1) Unless the context clearly requires otherwise,
the definitions in this subsection apply throughout this
section.
(a) "Direct service industrial customer" means a person
who is an industrial customer that contracts for the purchase
of power from the Bonneville Power Administration for
direct consumption as of May 8, 2001. "Direct service
industrial customer" includes a person who is a subsidiary
that is more than fifty percent owned by a direct service
industrial customer and who receives power from the
(2002 Ed.)
Business and Occupation Tax
Bonneville Power Administration pursuant to the parent’s
contract for power.
(b) "Facility" means a gas turbine electrical generation
facility that does not exist on May 8, 2001, and is owned by
a direct service industrial customer for the purpose of
producing electricity to be consumed by the direct service
industrial customer.
(c) "Average annual employment" means the total
employment in this state for a calendar year at the direct
service industrial customer’s location where electricity from
the facility will be consumed.
(2) Effective July 1, 2001, a credit is allowed against
the tax due under this chapter to a direct service industrial
customer who purchases natural or manufactured gas from
a gas distribution business subject to the public utility tax
under chapter 82.16 RCW. The credit is equal to the value
of natural or manufactured gas purchased from a gas
distribution business and used to generate electricity at the
facility multiplied by the rate in effect for the public utility
tax on gas distribution businesses under RCW 82.16.020.
This credit may be used each reporting period for sixty
months following the first month natural or manufactured
gas was purchased from a gas distribution business by a
direct service industrial customer who constructs a facility.
(3) Application for credit shall be made by the direct
service industrial consumer before the first purchase of
natural or manufactured gas. The application shall be in a
form and manner prescribed by the department and shall
include but is not limited to information regarding the
location of the facility, the projected date of first purchase of
natural or manufactured gas to generate electricity at the
facility, the date construction is projected to begin or did
begin, the applicant’s average annual employment in the
state for the six calendar years immediately preceding the
year in which the application is made, and affirm the
applicant’s status as a direct service industrial customer.
The department shall rule on the application within thirty
days of receipt.
(4) Credit under this section is limited to the amount of
tax imposed under this chapter. Refunds shall not be given
in place of credits and credits may not be carried over to
subsequent calendar years.
(5) All or part of the credit shall be disallowed and must
be paid if the average of the direct service industrial
customer’s average annual employment for the five calendar
years subsequent to the calendar year containing the first
month of purchase of natural or manufactured gas to
generate electricity at a facility is less than the six-year
average annual employment stated on the application for
credit under this section. The direct service industrial
customer will certify to the department by June 1st of the
sixth calendar year following the calendar year in which the
month of first purchase of gas occurs the average annual
employment for each of the five prior calendar years. All or
part of the credit that shall be disallowed and must be paid
is commensurate with the decrease in the five-year average
of average annual employment as follows:
Decrease in Average Annual
Employment Over
Five-Year Period
% of Credit to be Paid
Less than 10%
10%
(2002 Ed.)
10%
25%
50%
75%
or
or
or
or
82.04.447
more but less than 25%
more but less than 50%
more but less than 75%
more
25%
50%
75%
100%
(6)(a) The direct service industrial customer shall begin
paying the credit that is disallowed and is to be paid in the
sixth calendar year following the calendar year in which the
month following the month of first purchase of natural or
manufactured gas to generate electricity at the facility
occurs. The first payment will be due on or before December 31st with subsequent annual payments due on or before
December 31st of the following four years according to the
following schedule:
Payment Year
1
2
3
4
5
% of Credit to be Paid
10%
15%
20%
25%
30%
(b) The department may authorize an accelerated
payment schedule upon request of the taxpayer.
(c) Interest shall not be charged on the credit that is disallowed for the sixty-month period the credit may be taken,
although all other penalties and interest applicable to
delinquent excise taxes may be assessed and imposed. The
debt for credit that is disallowed and must be paid will not
be extinguished by insolvency or other failure of the direct
service industrial customer. Transfer of ownership of the
facility does not affect eligibility for this credit. However,
the credit is available to the successor only if the eligibility
conditions of this section are met.
(7) The employment security department shall make,
and certify to the department of revenue, all determinations
of employment under this section as requested by the
department.
(8) A person claiming this credit shall supply to the
department quarterly reports containing information necessary to document the total volume of natural or manufactured gas purchased in the quarter, the value of that total
volume, and the percentage of the total volume used to
generate electricity at the facility. [2001 c 214 § 9.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
82.04.450 Value of products, how determined. (1)
The value of products, including byproducts, extracted or
manufactured shall be determined by the gross proceeds
derived from the sale thereof whether such sale is at wholesale or at retail, to which shall be added all subsidies and
bonuses received from the purchaser or from any other
person with respect to the extraction, manufacture, or sale of
such products or byproducts by the seller, except:
(a) Where such products, including byproducts, are
extracted or manufactured for commercial or industrial use;
(b) Where such products, including byproducts, are
shipped, transported or transferred out of the state, or to
another person, without prior sale or are sold under circumstances such that the gross proceeds from the sale are not
indicative of the true value of the subject matter of the sale.
[Title 82 RCW—page 49]
82.04.450
Title 82 RCW: Excise Taxes
(2) In the above cases the value shall correspond as
nearly as possible to the gross proceeds from sales in this
state of similar products of like quality and character, and in
similar quantities by other taxpayers, plus the amount of
subsidies or bonuses ordinarily payable by the purchaser or
by any third person with respect to the extraction, manufacture, or sale of such products: PROVIDED, That the value
of a product manufactured or produced for purposes of
serving as a prototype for the development of a new or
improved product shall correspond: (a) To the retail selling
price of such new or improved product when first offered for
sale; or (b) to the value of materials incorporated into the
prototype in cases in which the new or improved product is
not offered for sale. The department of revenue shall
prescribe uniform and equitable rules for the purpose of
ascertaining such values. [1983 1st ex.s. c 55 § 3; 1975 1st
ex.s. c 278 § 42; 1961 c 15 § 82.04.450. Prior: 1949 c 228
§ 3; 1941 c 178 § 4; 1935 c 180 § 7; Rem. Supp. 1949 §
8370-7.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.04.460 Business within and without state—
Apportionment. (1) Any person rendering services taxable
under RCW 82.04.290 and maintaining places of business
both within and without this state which contribute to the
rendition of such services shall, for the purpose of computing tax liability under RCW 82.04.290, apportion to this state
that portion of his gross income which is derived from
services rendered within this state. Where such apportionment cannot be accurately made by separate accounting
methods, the taxpayer shall apportion to this state that
proportion of his total income which the cost of doing
business within the state bears to the total cost of doing
business both within and without the state.
(2) Notwithstanding the provision of subsection (1) of
this section, persons doing business both within and without
the state who receive gross income from service charges, as
defined in RCW 63.14.010 (relating to amounts charged for
granting the right or privilege to make deferred or installment payments) or who receive gross income from engaging
in business as financial institutions within the scope of
chapter 82.14A RCW (relating to city taxes on financial
institutions) shall apportion or allocate gross income taxable
under RCW 82.04.290 to this state pursuant to rules promulgated by the department consistent with uniform rules for
apportionment or allocation developed by the states.
(3) The department shall by rule provide a method or
methods of apportioning or allocating gross income derived
from sales of telephone services taxed under this chapter, if
the gross proceeds of sales subject to tax under this chapter
do not fairly represent the extent of the taxpayer’s income
attributable to this state. The rules shall be, so far as
feasible, consistent with the methods of apportionment
contained in this section and shall require the consideration
of those facts, circumstances, and apportionment factors as
will result in an equitable and constitutionally permissible
division of the services. [1985 c 7 § 154; 1983 2nd ex.s. c
3 § 28; 1975 1st ex.s. c 291 § 9; 1961 c 15 § 82.04.460.
[Title 82 RCW—page 50]
Prior: 1941 c 178 § 5; 1939 c 225 § 4; Rem. Supp. 1941 §
8370-8a.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
82.04.470 Resale certificate—Burden of proof—Tax
liability—Rules—Resale certificate defined. (1) Unless a
seller has taken from the buyer a resale certificate, the
burden of proving that a sale of tangible personal property,
or of services, was not a sale at retail shall be upon the
person who made it.
(2) If a seller does not receive a resale certificate at the
time of the sale, have a resale certificate on file at the time
of the sale, or obtain a resale certificate from the buyer
within a reasonable time after the sale, the seller shall
remain liable for the tax as provided in RCW 82.08.050,
unless the seller can demonstrate facts and circumstances
according to rules adopted by the department of revenue that
show the sale was properly made without payment of sales
tax.
(3) Resale certificates shall be valid for a period of four
years from the date the certificate is provided to the seller.
(4) The department may provide by rule for suggested
forms for resale certificates or equivalent documents containing the information that will be accepted as resale certificates. The department shall provide by rule the categories
of items or services that must be specified on resale certificates and the business classifications that may use a blanket
resale certificate.
(5) As used in this section, "resale certificate" means
documentation provided by a buyer to a seller stating that
the purchase is for resale in the regular course of business,
or that the buyer is exempt from retail sales tax, and
containing the following information:
(a) The name and address of the buyer;
(b) The uniform business identifier or revenue registration number of the buyer, if the buyer is required to [be]
registered;
(c) The type of business engaged in;
(d) The categories of items or services to be purchased
for resale or that are exempt, unless the buyer is in a
business classification that may present a blanket resale
certificate as provided by the department by rule;
(e) The date on which the certificate was provided;
(f) A statement that the items or services purchased
either: (i) Are purchased for resale in the regular course of
business; or (ii) are exempt from tax pursuant to statute;
(g) A statement that the buyer acknowledges that the
buyer is solely responsible for purchasing within the categories specified on the certificate and that misuse of the resale
or exemption privilege claimed on the certificate subjects the
buyer to a penalty of fifty percent of the tax due, in addition
to the tax, interest, and any other penalties imposed by law;
(h) The name of the individual authorized to sign the
certificate, printed in a legible fashion;
(i) The signature of the authorized individual; and
(j) The name of the seller. [1993 sp.s. c 25 § 701; 1983
2nd ex.s. c 3 § 29; 1975 1st ex.s. c 278 § 43; 1961 c 15 §
82.04.470. Prior: 1935 c 180 § 9; RRS § 8370-9.]
(2002 Ed.)
Business and Occupation Tax
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Resale certificates: RCW 82.08.130 and 82.32.291.
82.04.480 Sales in own name—Sales as agent.
Every consignee, bailee, factor, or auctioneer having either
actual or constructive possession of tangible personal
property, or having possession of the documents of title
thereto, with power to sell such tangible personal property in
his or its own name and actually so selling, shall be deemed
the seller of such tangible personal property within the
meaning of this chapter; and further, the consignor, bailor,
principal, or owner shall be deemed a seller of such property
to the consignee, bailee, factor, or auctioneer.
The burden shall be upon the taxpayer in every case to
establish the fact that he is not engaged in the business of
selling tangible personal property but is acting merely as
broker or agent in promoting sales for a principal. Such
claim will be allowed only when the taxpayer’s accounting
records are kept in such manner as the department of
revenue shall by general regulation provide. [1975 1st ex.s.
c 278 § 44; 1961 c 15 § 82.04.480. Prior: 1935 c 180 § 10;
RRS § 8370-10.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.04.500 Tax part of operating overhead. It is not
the intention of this chapter that the taxes herein levied upon
persons engaging in business be construed as taxes upon the
purchasers or customers, but that such taxes shall be levied
upon, and collectible from, the person engaging in the
business activities herein designated and that such taxes shall
constitute a part of the operating overhead of such persons.
[1961 c 15 § 82.04.500. Prior: 1935 c 180 § 14; RRS §
8370-14.]
82.04.510 General administrative provisions invoked. All of the provisions contained in chapter 82.32
RCW shall have full force and application with respect to
taxes imposed under the provisions of this chapter. Taxpayers submitting monthly estimates of taxes due under this
chapter shall be subject to the provisions of chapter 82.32
RCW if they fail to remit ninety percent of the taxes actually
collected or due for the reporting period. [1961 c 15 §
82.04.510. Prior: 1959 c 197 § 28; 1935 c 180 § 15; RRS
§ 8370-15.]
82.04.520 Administrative provisions for motor
vehicle sales by courtesy dealers. (1) In the payment of
the tax imposed by this chapter on new motor vehicles sold
to Washington customers that are delivered to the customer
through courtesy dealers located in this state, the courtesy
dealer is deemed to be the agent for the selling dealer in
reporting and paying the tax imposed by this chapter, unless
the selling dealer is already registered and reporting and
remitting taxes under this chapter. It is the duty of each
courtesy dealer to pay the tax imposed by this chapter to the
(2002 Ed.)
82.04.470
department when the courtesy dealer files its tax return.
Each courtesy dealer who acts as the agent for the selling
dealer in reporting, paying, and remitting the tax imposed by
this chapter must at the time of paying and remitting its own
taxes imposed by this chapter pay the tax due on the
transaction under this section.
(2) The tax paid by the courtesy dealer on behalf of the
selling dealer shall constitute a debt from the selling dealer
to the courtesy dealer, and the courtesy dealer is authorized
to withhold payment to the selling dealer out of the proceeds
of the sale an amount equal to the tax imposed by this
chapter. Amounts withheld by the courtesy dealer are
deemed to be held in trust by the courtesy dealer until paid
to the department, and any courtesy dealer who appropriates
or converts the amount withheld to the courtesy dealer’s own
use or to any use other than the payment of the tax to the
extent that the money withheld is not available for payment
on the due date is guilty of a gross misdemeanor.
(3) This section is construed as cumulative of other
methods prescribed in chapters 82.04 through 82.32 RCW,
inclusive, for the collection of the tax imposed by this
chapter.
(4) As used in this section, "courtesy dealer" means any
licensed new motor vehicle dealer authorized to prepare or
deliver a new motor vehicle to a customer in this state.
"Selling dealer" means a motor vehicle dealer not licensed
to prepare or deliver a new motor vehicle to a customer in
this state. [2001 c 258 § 2.]
Effective date—2001 c 258: See note following RCW 82.04.422.
82.04.530 Gross proceeds of sales calculation for
telephone business. (Contingent expiration date.) A
telephone business other than a mobile telecommunications
service provider must calculate gross proceeds of sales by
including all charges for network telephone services originating from or received on telecommunications equipment or
apparatus in this state if the charge for the service is billed
to a person in this state. [2002 c 67 § 3.]
Finding—2002 c 67: "The legislature finds that the United States
congress has enacted the mobile telecommunications sourcing act for the
purpose of establishing uniform nationwide sourcing rules for state and local
taxation of mobile telecommunications services. The legislature desires to
adopt implementing legislation governing taxation by the state and by
affected local taxing jurisdictions within the state. The legislature
recognizes that the federal act is intended to provide a clarification of
sourcing rules that is revenue-neutral among the states, and that the
clarifications required by the federal act are likely in fact to be revenueneutral at the state level. The legislature also desires to take advantage of
a provision of the federal act that allows a state with a generally applicable
business and occupation tax, such as this state, to make certain of the
uniform sourcing rules elective for such tax." [2002 c 67 § 1.]
Contingency—Court judgment—2002 c 67: "If a court of
competent jurisdiction enters a final judgment on the merits that is based on
federal or state law, is no longer subject to appeal, and substantially limits
or impairs the essential elements of P.L. 106-252[, 4 U.S.C.] Secs. 116
through 126, or this act, then this act is null and void in its entirety." [2002
c 67 § 18.]
Effective date—2002 c 67: "This act takes effect August 1, 2002."
[2002 c 67 § 19.]
82.04.535 Gross proceeds of sales calculation for
mobile telecommunications service provider. (Contingent
expiration date.) (1) Unless a mobile telecommunications
service provider elects to be taxed under subsection (2) of
[Title 82 RCW—page 51]
82.04.535
Title 82 RCW: Excise Taxes
this section, the mobile telecommunications service provider
must calculate gross proceeds of sales by reporting all sales
to, or sales between carriers for, customers with a place of
primary use within this state, regardless of where the mobile
telecommunications services originate, are received, or are
billed, consistent with the mobile telecommunications
sourcing act, P.L. 106-252, 4 U.S.C. Secs. 116 through 126.
(2) A mobile telecommunications service provider may
elect to calculate gross proceeds of sales by including all
charges for mobile telecommunications services provided to
all consumers, whether the consumers are the mobile
telecommunications service provider’s customers or not, if
the services originate from or are received on telecommunications equipment or apparatus in this state and are billed to
a person in this state.
(3) If a mobile telecommunications service provider
elects to be taxed under subsection (2) of this section, the
mobile telecommunications service provider must provide
written notice of the election before August 1, 2002, or
before the beginning date of any tax year thereafter in which
it wishes to change its reporting and make this election.
(4) The department may provide, by rule, for formulary
reporting as necessary to implement this section. [2002 c 67
§ 4.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
82.04.600 Exemptions—Materials printed in county,
city, town, school district, educational service district,
library or library district. This chapter does not apply to
any county as defined in Title 36 RCW, any city or town as
defined in Title 35 RCW, any school district or educational
service district as defined in Title 28A RCW, or any library
or library district as defined in Title 27 RCW, in respect to
materials printed in the county, city, town, school district,
educational district, library or library district facilities when
the materials are used solely for county, city, town, school
district, educational district, library, or library district
purposes. [1979 ex.s. c 266 § 8.]
82.04.900 Construction—1961 c 15. RCW 82.04.440
shall have retrospective effect to August 1, 1950, as well as
have prospective effect. [1961 c 15 § 82.04.900. Prior:
1951 1st ex.s. c 9 § 15.]
Chapter 82.08
RETAIL SALES TAX
Sections
82.08.010
82.08.011
82.08.020
82.08.0201
82.08.0202
82.08.0251
82.08.0252
82.08.02525
82.08.0253
82.08.02535
82.08.02537
82.08.0254
Definitions.
Retail car rental—Definition.
Tax imposed—Retail sales—Retail car rental.
Rental cars—Estimate of tax revenue.
Retail sales of linen and uniform supply services.
Exemptions—Casual and isolated sales.
Exemptions—Sales by persons taxable under chapter 82.16
RCW.
Exemptions—Sale of copied public records by state and
local agencies.
Exemptions—Sale and distribution of newspapers.
Exemptions—Sales and distribution of magazines or periodicals by subscription for fund-raising.
Exemptions—Sales of academic transcripts.
Exemptions—Nontaxable sales.
[Title 82 RCW—page 52]
82.08.0255
82.08.0256
82.08.02565
82.08.02566
82.08.02567
82.08.02568
82.08.02569
82.08.0257
82.08.02573
82.08.0258
82.08.0259
82.08.026
82.08.0261
82.08.0262
82.08.0263
82.08.0264
82.08.0265
82.08.0266
82.08.02665
82.08.0267
82.08.0268
82.08.0269
82.08.0271
82.08.0272
82.08.0273
82.08.0274
82.08.02745
82.08.0275
Exemptions—Sales of motor vehicle and special fuel—
Conditions—Credit or refund of special fuel used outside this state in interstate commerce.
Exemptions—Sale of the operating property of a public
utility to the state or a political subdivision.
Exemptions—Sales of machinery and equipment for manufacturing, research and development, or a testing operation—Labor and services for installation—Exemption
certificate—Rules.
Exemptions—Sales of tangible personal property incorporated in prototype for parts, auxiliary equipment, and
aircraft modification—Limitations on yearly exemption.
Exemptions—Sales related to machinery and equipment
used in generating electricity.
Exemptions—Sales of carbon and similar substances that
become an ingredient or component of anodes or cathodes used in producing aluminum for sale.
Exemptions—Sales of tangible personal property related to
a building or structure that is an integral part of a laser
interferometer gravitational wave observatory.
Exemptions—Auction sales of tangible personal property
used in farming.
Exemptions—Sales by a nonprofit organization for fundraising activities.
Exemptions—Sales to federal corporations providing aid
and relief.
Exemptions—Sales of livestock.
Exemptions—Sales of natural or manufactured gas.
Exemptions—Sales of personal property for use connected
with private or common carriers in interstate or foreign
commerce.
Exemptions—Sales of airplanes, locomotives, railroad cars,
or watercraft for use in interstate or foreign commerce
or outside the territorial waters of the state or airplanes
sold to United States government—Components thereof
and of motor vehicles or trailers used for constructing,
repairing, cleaning, etc.—Labor and services for constructing, repairing, cleaning, etc.
Exemptions—Sales of motor vehicles and trailers for use
in transporting persons or property in interstate or foreign commerce.
Exemptions—Sales of motor vehicles, trailers, or campers
to nonresidents for use outside the state.
Exemptions—Sales to nonresidents of tangible personal
property which becomes a component of property of the
nonresident by installing, repairing, etc.—Labor and
services for installing, repairing, etc.
Exemptions—Sales of watercraft to nonresidents for use
outside the state.
Exemptions—Sales of watercraft, vessels to residents of
foreign countries.
Exemptions—Sales of poultry for producing poultry and
poultry products for sale.
Exemptions—Sales of machinery and implements, and
related parts and labor, for farming to nonresidents for
use outside the state.
Exemptions—Sales for use in states, territories, and possessions of the United States which are not contiguous
to any other state.
Exemptions—Sales to municipal corporations, the state,
and political subdivisions of tangible personal property,
labor and services on watershed protection and flood
prevention contracts.
Exemptions—Sales of semen for artificial insemination of
livestock.
Exemptions—Sales to nonresidents of tangible personal
property for use outside the state—Proof of nonresident
status—Penalties.
Exemptions—Sales of form lumber to person engaged in
constructing, repairing, etc., structures for consumers.
Exemptions—Charges for labor and services or sales of
tangible personal property related to agricultural employee housing—Exemption certificate—Rules.
Exemptions—Sales of and labor and service charges for
mining, sorting, crushing, etc., of sand, gravel, and rock
from county or city quarry for public road purposes.
(2002 Ed.)
Retail Sales Tax
82.08.0276
82.08.0277
82.08.0278
82.08.0279
82.08.02795
82.08.02805
82.08.02806
82.08.02807
82.08.0281
82.08.0282
82.08.0283
82.08.0285
82.08.0287
82.08.02875
82.08.0288
82.08.0289
82.08.0291
82.08.02915
82.08.02917
82.08.0293
82.08.0294
82.08.0295
82.08.0296
82.08.0297
82.08.0298
82.08.0299
82.08.031
82.08.0311
82.08.0315
82.08.0316
82.08.032
82.08.033
82.08.034
82.08.035
82.08.036
82.08.037
82.08.040
82.08.050
82.08.055
82.08.060
82.08.064
82.08.066
82.08.080
82.08.090
(2002 Ed.)
Exemptions—Sales of wearing apparel for use only as a
sample for display for sale.
Exemptions—Sales of pollen.
Exemptions—Sales between political subdivisions resulting
from annexation or incorporation.
Exemptions—Renting or leasing of motor vehicles and
trailers to a nonresident for use in the transportation of
persons or property across state boundaries.
Exemptions—Sales to free hospitals.
Exemptions—Sales to blood, bone, or tissue bank—
Exceptions.
Exemptions—Sales of human blood, tissue, organs, bodies,
or body parts for medical research and quality control
testing.
Exemptions—Sales to organ procurement organization.
Exemptions—Sales of prescription drugs.
Exemptions—Sales of returnable containers for beverages
and foods.
Exemptions—Certain medical items.
Exemptions—Sales of ferry vessels to the state or local
governmental units—Components thereof—Labor and
service charges.
Exemptions—Sales of passenger motor vehicles as ridesharing vehicles.
Exemptions—Vehicle parking charges subject to tax at
stadium and exhibition center.
Exemptions—Lease of certain irrigation equipment.
Exemptions—Certain network telephone service.
Exemptions—Sales of amusement and recreation services
or personal services by nonprofit youth organization—
Local government physical fitness classes.
Exemptions—Sales used by health or social welfare organizations for alternative housing for youth in crisis.
Youth in crisis—Definition—Limited purpose.
Exemptions—Sales of food products for human consumption.
Exemptions—Sales of feed for cultivating or raising fish
for sale.
Exemptions—Lease amounts and repurchase amount for
certain property under sale/leaseback agreement.
Exemptions—Sales of feed consumed by livestock at a
public livestock market.
Exemptions—Sales of food purchased with food stamps.
Exemptions—Sales of diesel fuel for use in operating
watercraft in commercial deep sea fishing or commercial
passenger fishing boat operations outside the state.
Exemptions—Emergency lodging for homeless persons—
Conditions.
Exemptions—Sales to artistic or cultural organizations of
certain objects acquired for exhibition or presentation.
Exemptions—Sales of materials and supplies used in packing horticultural products.
Exemptions—Rentals or sales related to motion picture or
video productions—Exceptions—Certificate.
Exemptions—Sales of cigarettes by Indian retailer under
cigarette tax contracts.
Exemption—Sales, rental, or lease of used park model
trailers.
Exemptions—Sales of used mobile homes or rental or
lease of mobile homes.
Exemptions—Sales of used floating homes or rental or
lease of used floating homes.
Exemption for pollution control facilities.
Exemptions—Vehicle battery core deposits or credits—
Replacement vehicle tire fees—"Core deposits or credits" defined.
Credits and refunds—Debts deductible as worthless.
Consignee, factor, bailee, auctioneer deemed seller.
Buyer to pay, seller to collect tax—Statement of tax—
Exception—Penalties.
Advertisement of price.
Collection of tax—Methods and schedules.
Tax rate change.
Deemed location for mobile telecommunications services.
Vending machine and other sales.
Installment sales and leases.
Chapter 82.08
82.08.100
Tax may be paid on cash receipts basis if books are so
kept—Exemption for debts deductible as worthless.
82.08.110
Sales from vehicles.
82.08.120
Refunding or rebating of tax by seller prohibited—Penalty.
82.08.130
Resale certificate—Purchase and resale—Rules.
82.08.140
Administration.
82.08.150
Tax on certain sales of intoxicating liquors—Additional
taxes for specific purposes—Collection.
82.08.160
Remittance of tax—Liquor excise tax fund created.
82.08.170
Apportionment and distribution from liquor excise tax
fund.
82.08.180
Apportionment and distribution from liquor excise tax
fund—Withholding for noncompliance.
82.08.810
Exemptions—Air pollution control facilities at a thermal
electric generation facility—Exceptions—Exemption
certificate—Payments on cessation of operation.
82.08.811
Exemptions—Coal used at coal-fired thermal electric generation facility—Application—Demonstration of progress in air pollution control—Notice of emissions violations—Reapplication—Payments on cessation of operation.
82.08.820
Exemptions—Remittance—Warehouse and grain elevators
and distribution centers—Material-handling and racking
equipment—Construction of warehouse or elevator—
Information sheet—Rules—Records—Exceptions.
82.08.830
Exemptions—Sales at camp or conference center by nonprofit organization.
82.08.832
Exemptions—Sales of gun safes.
82.08.834
Exemptions—Sales/leasebacks by regional transit authorities.
82.08.840
Exemptions—Machinery, equipment, or structures that reduce field burning.
82.08.850
Exemptions—Conifer seed.
82.08.860
Exemptions—Landslide area.
82.08.870
Exemptions—Motorcycles for training programs.
82.08.880
Exemptions—Animal pharmaceuticals.
82.08.890
Exemptions—Dairy nutrient management equipment and
facilities.
82.08.900
Exemptions—Anaerobic digesters.
82.08.910
Exemptions—Propane or natural gas to heat chicken structures.
82.08.920
Exemptions—Chicken bedding materials.
Changes in tax law—Liability: RCW 82.08.064, 82.14.055, and 82.32.430.
Community college capital improvements bond redemption fund of 1972—
Tax receipts: RCW 28B.56.100.
Credit for retail sales or use taxes paid to other jurisdictions with respect
to property used: RCW 82.12.035.
Direct pay permits: RCW 82.32.087.
Excise tax on real estate transfers: Chapters 82.45 and 82.46 RCW.
Local sales tax: Chapter 82.14 RCW.
82.08.010 Definitions. For the purposes of this
chapter:
(1) "Selling price" means the consideration, whether
money, credits, rights, or other property except trade-in
property of like kind, expressed in the terms of money paid
or delivered by a buyer to a seller without any deduction on
account of the cost of tangible property sold, the cost of
materials used, labor costs, interest, discount, delivery costs,
taxes other than taxes imposed under this chapter if the seller
advertises the price as including the tax or that the seller is
paying the tax, or any other expenses whatsoever paid or
accrued and without any deduction on account of losses; but
shall not include the amount of cash discount actually taken
by a buyer; and shall be subject to modification to the extent
modification is provided for in RCW 82.08.080.
When tangible personal property is rented or leased
under circumstances that the consideration paid does not
represent a reasonable rental for the use of the articles so
[Title 82 RCW—page 53]
82.08.010
Title 82 RCW: Excise Taxes
rented or leased, the "selling price" shall be determined as
nearly as possible according to the value of such use at the
places of use of similar products of like quality and character
under such rules as the department of revenue may prescribe;
(2) "Seller" means every person, including the state and
its departments and institutions, making sales at retail or
retail sales to a buyer or consumer, whether as agent, broker,
or principal, except "seller" does not mean the state and its
departments and institutions when making sales to the state
and its departments and institutions;
(3) "Buyer" and "consumer" include, without limiting
the scope hereof, every individual, receiver, assignee, trustee
in bankruptcy, trust, estate, firm, copartnership, joint venture,
club, company, joint stock company, business trust, corporation, association, society, or any group of individuals acting
as a unit, whether mutual, cooperative, fraternal, nonprofit,
or otherwise, municipal corporation, quasi municipal corporation, and also the state, its departments and institutions and
all political subdivisions thereof, irrespective of the nature of
the activities engaged in or functions performed, and also the
United States or any instrumentality thereof;
(4) The meaning attributed in chapter 82.04 RCW to the
terms "tax year," "taxable year," "person," "company,"
"sale," "sale at retail," "retail sale," "sale at wholesale,"
"wholesale," "business," "engaging in business," "cash
discount," "successor," "consumer," "in this state" and
"within this state" shall apply equally to the provisions of
this chapter. [1985 c 38 § 3; 1985 c 2 § 2 (Initiative
Measure No. 464, approved November 6, 1984); 1983 1st
ex.s. c 55 § 1; 1967 ex.s. c 149 § 18; 1963 c 244 § 1; 1961
c 15 § 82.08.010. Prior: (i) 1945 c 249 § 4; 1943 c 156 §
6; 1941 c 78 § 8; 1939 c 225 § 7; 1935 c 180 § 17; Rem.
Supp. 1945 § 8370-17. (ii) 1935 c 180 § 20; RRS § 837020.]
Purpose—1985 c 2: "The purpose of this initiative is to reduce the
amount on which sales tax is paid by excluding the trade-in value of certain
property from the amount taxable." [1985 c 2 § 1 (Initiative Measure No.
464, approved November 6, 1984).]
Effective dates—1983 1st ex.s. c 55: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1983, except that section 12 of this act shall take effect
January 1, 1984, and shall be effective for property taxes levied in 1983,
and due in 1984, and thereafter." [1983 1st ex.s. c 55 § 13.]
82.08.011 Retail car rental—Definition. For
purposes of this chapter, "retail car rental" means renting a
rental car, as defined in RCW 46.04.465, to a consumer.
[1992 c 194 § 2.]
Effective dates—1992 c 194: See note following RCW 46.04.466.
82.08.020 Tax imposed—Retail sales—Retail car
rental. (Effective until April 1, 2003, if Referendum Bill
No. 51 is approved at the November 2002 general election.)
(1) There is levied and there shall be collected a tax on each
retail sale in this state equal to six and five-tenths percent of
the selling price.
(2) There is levied and there shall be collected an
additional tax on each retail car rental, regardless of whether
the vehicle is licensed in this state, equal to five and ninetenths percent of the selling price. The revenue collected
under this subsection shall be deposited in the multimodal
transportation account created in RCW 47.66.070.
[Title 82 RCW—page 54]
(3) The taxes imposed under this chapter shall apply to
successive retail sales of the same property.
(4) The rates provided in this section apply to taxes
imposed under chapter 82.12 RCW as provided in RCW
82.12.020. [2000 2nd sp.s. c 4 § 1; 1998 c 321 § 36
(Referendum Bill No. 49, approved November 3, 1998);
1992 c 194 § 9; 1985 c 32 § 1. Prior: 1983 2nd ex.s. c 3
§ 62; 1983 2nd ex.s. c 3 § 41; 1983 c 7 § 6; 1982 1st ex.s.
c 35 § 1; 1981 2nd ex.s. c 8 § 1; 1977 ex.s. c 324 § 2;
1975-’76 2nd ex.s. c 130 § 1; 1971 ex.s. c 281 § 9; 1969
ex.s. c 262 § 31; 1967 ex.s. c 149 § 19; 1965 ex.s. c 173 §
13; 1961 c 293 § 6; 1961 c 15 § 82.08.020; prior: 1959
ex.s. c 3 § 5; 1955 ex.s. c 10 § 2; 1949 c 228 § 4; 1943 c
156 § 5; 1941 c 76 § 2; 1939 c 225 § 10; 1935 c 180 § 16;
Rem. Supp. 1949 § 8370-16.]
Application—2000 2nd sp.s. c 4 § 1: "Section 1 of this act applies
to taxes collected on and after December 31, 1999." [2000 2nd sp.s. c 4 §
34.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3, 20: "Sections 1 through
3 and 20 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect immediately [May 2, 2000]."
[2000 2nd sp.s. c 4 § 35.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Legislative intent—1992 c 194: "The legislature intends to exempt
rental cars from state and local motor vehicle excise taxes, and to impose
additional sales and use taxes in lieu thereof. These additional sales and use
taxes are intended to provide as much revenue to the funds currently
receiving motor vehicle excise tax revenue, including the transportation
funds and the general fund, as each fund would have received if the motor
vehicle excise tax exemptions had not been enacted. Revenues from these
additional sales and use taxes are intended to be distributed in the same
manner as the motor vehicle excise tax revenues they replace." [1992 c 194
§ 4.]
Effective dates—1992 c 194: See note following RCW 46.04.466.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—1983 c 7: "This act shall not be construed as affecting
any existing right acquired, or liability or obligation incurred under the
sections amended in this act, nor any rule, regulation, or order adopted, nor
any proceeding instituted, under those sections." [1983 c 7 § 34.]
Severability—1983 c 7: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1983 c 7 § 35.]
Effective dates—1983 c 7: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect March
1, 1983, except as follows:
(1) Sections 9 through 22, and 25 through 31 of this act shall take
effect June 30, 1983.
(2) Sections 23 and 24 of this act shall take effect January 1, 1984, for
taxes first due in 1984 and thereafter.
The department of revenue and the department of licensing shall
immediately take necessary steps to ensure that all sections of this act are
properly implemented on their effective dates. The additional taxes and tax
rate changes imposed under this act shall take effect on the dates designated
in this act notwithstanding the date this act becomes law under Article III,
section 12 of the state Constitution." [1983 c 7 § 37.]
Severability—1982 1st ex.s. c 35: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 35 § 47.]
Effective dates—Expiration date—1982 1st ex.s. c 35: "This act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institu(2002 Ed.)
Retail Sales Tax
tions, and shall take effect immediately, except that sections 28, 29, and 30
of this act shall take effect on May 1, 1982, sections 33 and 34 of this act
shall take effect on July 1, 1983, and sections 35 through 38 of this act shall
take effect on January 1, 1983.
Sections 28 and 29 of this act shall expire on July 1, 1983. The
additional taxes imposed under this act shall take effect on the dates
designated in this act notwithstanding the date this act becomes law under
Article III, section 12 of the state Constitution." [1982 1st ex.s. c 35 § 48.]
Effective date—1975-’76 2nd ex.s. c 130: "This 1976 amendatory
act is necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public
institutions, and shall take effect immediately: PROVIDED, That the
provisions of this 1976 amendatory act shall be null and void in the event
chapter . . . (*Substitute Senate Bill No. 2778), Laws of 1975-’76 2nd ex.
sess. is approved and becomes law." [1975-’76 2nd ex.s. c 130 § 4.]
*Reviser’s note: "Substitute Senate Bill No. 2778" failed to become
law.
High capacity transportation systems—Sales and use tax: RCW 81.104.170.
Manufacturers, study: 1994 c 66.
82.08.020 Tax imposed—Retail sales—Retail car
rental. (Effective April 1, 2003, if Referendum Bill No. 51
is approved at the November 2002 general election.) (1)
There is levied and there shall be collected a tax on each
retail sale in this state equal to six and five-tenths percent of
the selling price.
(2) There is levied and there shall be collected an
additional tax on each retail car rental, regardless of whether
the vehicle is licensed in this state, equal to five and ninetenths percent of the selling price. The revenue collected
under this subsection shall be deposited in the multimodal
transportation account created in RCW 47.66.070.
(3) Beginning April 1, 2003, there is levied and collected an additional tax of one percent of the selling price on
each retail sale of a motor vehicle in this state, other than
retail car rentals taxed under subsection (2) of this section.
(4) For purposes of subsection (3) of this section,
"motor vehicle" has the meaning provided in RCW
46.04.320, but does not include farm tractors or farm
vehicles as defined in RCW 46.04.180 and 46.04.181,
off-road and nonhighway vehicles as defined in RCW
46.09.020, and snowmobiles as defined in RCW 46.10.010.
(5) The revenue collected under subsection (3) of this
section must be deposited into the multimodal transportation
account under RCW 47.66.070.
(6) The taxes imposed under this chapter shall apply to
successive retail sales of the same property.
(7) The rates provided in this section apply to taxes
imposed under chapter 82.12 RCW as provided in RCW
82.12.020. [2002 c 202 § 401; 2000 2nd sp.s. c 4 § 1; 1998
c 321 § 36 (Referendum Bill No. 49, approved November 3,
1998); 1992 c 194 § 9; 1985 c 32 § 1. Prior: 1983 2nd
ex.s. c 3 § 62; 1983 2nd ex.s. c 3 § 41; 1983 c 7 § 6; 1982
1st ex.s. c 35 § 1; 1981 2nd ex.s. c 8 § 1; 1977 ex.s. c 324
§ 2; 1975-’76 2nd ex.s. c 130 § 1; 1971 ex.s. c 281 § 9;
1969 ex.s. c 262 § 31; 1967 ex.s. c 149 § 19; 1965 ex.s. c
173 § 13; 1961 c 293 § 6; 1961 c 15 § 82.08.020; prior:
1959 ex.s. c 3 § 5; 1955 ex.s. c 10 § 2; 1949 c 228 § 4;
1943 c 156 § 5; 1941 c 76 § 2; 1939 c 225 § 10; 1935 c 180
§ 16; Rem. Supp. 1949 § 8370-16.]
Effective date—2002 c 202 §§ 401 and 402: "Sections 401 and 402
of this act take effect April 1, 2003." [2002 c 202 § 705.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
(2002 Ed.)
82.08.020
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Application—2000 2nd sp.s. c 4 § 1: "Section 1 of this act applies
to taxes collected on and after December 31, 1999." [2000 2nd sp.s. c 4 §
34.]
Effective date—2000 2nd sp.s. c 4 §§ 1-3, 20: "Sections 1 through
3 and 20 of this act are necessary for the immediate preservation of the
public peace, health, or safety, or support of the state government and its
existing public institutions, and take effect immediately [May 2, 2000]."
[2000 2nd sp.s. c 4 § 35.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Legislative intent—1992 c 194: "The legislature intends to exempt
rental cars from state and local motor vehicle excise taxes, and to impose
additional sales and use taxes in lieu thereof. These additional sales and use
taxes are intended to provide as much revenue to the funds currently
receiving motor vehicle excise tax revenue, including the transportation
funds and the general fund, as each fund would have received if the motor
vehicle excise tax exemptions had not been enacted. Revenues from these
additional sales and use taxes are intended to be distributed in the same
manner as the motor vehicle excise tax revenues they replace." [1992 c 194
§ 4.]
Effective dates—1992 c 194: See note following RCW 46.04.466.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—1983 c 7: "This act shall not be construed as affecting
any existing right acquired, or liability or obligation incurred under the
sections amended in this act, nor any rule, regulation, or order adopted, nor
any proceeding instituted, under those sections." [1983 c 7 § 34.]
Severability—1983 c 7: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1983 c 7 § 35.]
Effective dates—1983 c 7: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect March
1, 1983, except as follows:
(1) Sections 9 through 22, and 25 through 31 of this act shall take
effect June 30, 1983.
(2) Sections 23 and 24 of this act shall take effect January 1, 1984, for
taxes first due in 1984 and thereafter.
The department of revenue and the department of licensing shall
immediately take necessary steps to ensure that all sections of this act are
properly implemented on their effective dates. The additional taxes and tax
rate changes imposed under this act shall take effect on the dates designated
in this act notwithstanding the date this act becomes law under Article III,
section 12 of the state Constitution." [1983 c 7 § 37.]
Severability—1982 1st ex.s. c 35: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 35 § 47.]
Effective dates—Expiration date—1982 1st ex.s. c 35: "This act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately, except that sections 28, 29, and 30
of this act shall take effect on May 1, 1982, sections 33 and 34 of this act
shall take effect on July 1, 1983, and sections 35 through 38 of this act shall
take effect on January 1, 1983.
Sections 28 and 29 of this act shall expire on July 1, 1983. The
additional taxes imposed under this act shall take effect on the dates
designated in this act notwithstanding the date this act becomes law under
Article III, section 12 of the state Constitution." [1982 1st ex.s. c 35 § 48.]
Effective date—1975-’76 2nd ex.s. c 130: "This 1976 amendatory
act is necessary for the immediate preservation of the public peace, health,
and safety, the support of the state government and its existing public
institutions, and shall take effect immediately: PROVIDED, That the
provisions of this 1976 amendatory act shall be null and void in the event
chapter . . . (*Substitute Senate Bill No. 2778), Laws of 1975-’76 2nd ex.
sess. is approved and becomes law." [1975-’76 2nd ex.s. c 130 § 4.]
[Title 82 RCW—page 55]
82.08.020
Title 82 RCW: Excise Taxes
*Reviser’s note: "Substitute Senate Bill No. 2778" failed to become
law.
High capacity transportation systems—Sales and use tax: RCW 81.104.170.
Manufacturers, study: 1994 c 66.
when the gross proceeds from such sales must be included
in the measure of the tax imposed under said chapter. [1980
c 37 § 20. Formerly RCW 82.08.030(2).]
82.08.0201 Rental cars—Estimate of tax revenue.
Before January 1, 1994, and January 1 of each odd-numbered year thereafter:
The department of licensing, with the assistance of the
department of revenue, shall provide the office of financial
management and the fiscal committees of the legislature with
an updated estimate of the amount of revenue attributable to
the taxes imposed in RCW 82.08.020(2), and the amount of
revenue not collected as a result of RCW 82.44.023. [1992
c 194 § 10.]
82.08.02525 Exemptions—Sale of copied public
records by state and local agencies. The tax levied by
RCW 82.08.020 shall not apply to the sale of public records
by state and local agencies, as the terms are defined in RCW
42.17.020, that are copied under a request for the record for
which no fee is charged other than a statutorily set fee or a
fee to reimburse the agency for its actual costs directly
incident to the copying. A request for a record includes a
request for a document not available to the public but
available to those persons who by law are allowed access to
the document, such as requests for fire reports, law enforcement reports, taxpayer information, and academic transcripts.
[1996 c 63 § 1.]
Effective dates—1992 c 194: See note following RCW 46.04.466.
82.08.0202 Retail sales of linen and uniform supply
services. For purposes of this chapter, a retail sale of linen
and uniform supply services is deemed to occur at the place
of delivery to the customer. "Linen and uniform supply
services" means the activity of providing customers with a
supply of clean linen, towels, uniforms, gowns, protective
apparel, clean room apparel, mats, rugs, and similar items,
whether ownership of the item is in the person operating the
linen and uniform supply service or in the customer. The
term includes supply services operating their own cleaning
establishments as well as those contracting with other laundry or dry cleaning businesses. [2001 c 186 § 2.]
Finding—Purpose—2001 c 186: "The legislature finds that because
of the mixed retailing nature of linen and uniform supply services, they
have been incorrectly sited for tax purposes. As a result, some companies
that perform some activities related to this activity outside the state of
Washington have not been required to collect retail sales taxes upon linen
and uniform supply services provided to Washington customers. The
activity has aspects of both the rental of tangible personal property and
retail services related to tangible personal property. This error in tax
treatment provides an incentive for businesses to locate some of their
functions out of state. In-state businesses cannot compete if their out-ofstate competitors are not required to collect sales tax for services provided
to the same customers.
The purpose of this act is to clarify the taxable situs and nature of
linen and uniform supply services." [2001 c 186 § 1.]
Effective date—2001 c 186: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 186 § 4.]
82.08.0251 Exemptions—Casual and isolated sales.
The tax levied by RCW 82.08.020 shall not apply to casual
and isolated sales of property or service, unless made by a
person who is engaged in a business activity taxable under
chapters 82.04 or 82.16 RCW: PROVIDED, That the
exemption provided by this section shall not be construed as
providing any exemption from the tax imposed by chapter
82.12 RCW. [1980 c 37 § 19. Formerly RCW
82.08.030(1).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0252 Exemptions—Sales by persons taxable
under chapter 82.16 RCW. The tax levied by RCW
82.08.020 shall not apply to sales made by persons in the
course of business activities with respect to which tax
liability is specifically imposed under chapter 82.16 RCW,
[Title 82 RCW—page 56]
Intent—1980 c 37: See note following RCW 82.04.4281.
Effective date—1996 c 63: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect April
1, 1996." [1996 c 63 § 3.]
82.08.0253 Exemptions—Sale and distribution of
newspapers. The tax levied by RCW 82.08.020 shall not
apply to the distribution and newsstand sale of newspapers.
[1980 c 37 § 21. Formerly RCW 82.08.030(3).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.02535 Exemptions—Sales and distribution of
magazines or periodicals by subscription for fund-raising.
The tax levied by RCW 82.08.020 shall not apply to the
sales and distribution of magazines or periodicals by subscription for the purposes of fund-raising by (1) educational
institutions as defined in RCW 82.04.170, or (2) nonprofit
organizations engaged in activities primarily for the benefit
of boys and girls nineteen years and younger. [1995 2nd
sp.s. c 8 § 1.]
Effective date—1995 2nd sp.s. c 8: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 8 § 2.]
82.08.02537 Exemptions—Sales of academic transcripts. The tax levied by RCW 82.08.020 shall not apply
to sales of academic transcripts by educational institutions.
[1996 c 272 § 2.]
Effective date—1996 c 272: See note following RCW 82.04.399.
82.08.0254 Exemptions—Nontaxable sales. The tax
levied by RCW 82.08.020 shall not apply to sales which the
state is prohibited from taxing under the Constitution of this
state or the Constitution or laws of the United States. [1980
c 37 § 22. Formerly RCW 82.08.030(4).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0255 Exemptions—Sales of motor vehicle and
special fuel—Conditions—Credit or refund of special fuel
used outside this state in interstate commerce. (1) The
tax levied by RCW 82.08.020 shall not apply to sales of:
(2002 Ed.)
Retail Sales Tax
(a) Motor vehicle fuel used in aircraft by the manufacturer thereof for research, development, and testing purposes;
and
(b) Motor vehicle and special fuel if:
(i) The fuel is purchased for the purpose of public
transportation and the purchaser is entitled to a refund or an
exemption under RCW 82.36.275 or 82.38.080(3); or
(ii) The fuel is purchased by a private, nonprofit
transportation provider certified under chapter 81.66 RCW
and the purchaser is entitled to a refund or an exemption
under RCW 82.36.285 or 82.38.080(1)(h); or
(iii) The fuel is taxable under chapter 82.36 or 82.38
RCW.
(2) Any person who has paid the tax imposed by RCW
82.08.020 on the sale of special fuel delivered in this state
shall be entitled to a credit or refund of such tax with respect
to fuel subsequently established to have been actually transported and used outside this state by persons engaged in
interstate commerce. The tax shall be claimed as a credit or
refunded through the tax reports required under RCW
82.38.150. [1998 c 176 § 4. Prior: 1983 1st ex.s. c 35 §
2; 1983 c 108 § 1; 1980 c 147 § 1; 1980 c 37 § 23.
Formerly RCW 82.08.030(5).]
Rules—Findings—Effective date—1998 c 176: See RCW
82.36.800, 82.36.900, and 82.36.901.
Intent—1983 1st ex.s. c 35: "It is the intent of the legislature that
special fuel purchased in Washington upon which the special fuel tax has
been paid, regardless of whether or not the tax is subsequently refunded or
credited in whole or in part, should not be subject to the sales and use tax
if the special fuel is transported and used outside the state by persons
engaged in interstate commerce." [1983 1st ex.s. c 35 § 1.]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0256 Exemptions—Sale of the operating
property of a public utility to the state or a political
subdivision. The tax levied by RCW 82.08.020 shall not
apply to sales (including transfers of title through decree of
appropriation) heretofore or hereafter made of the entire
operating property of a publicly or privately owned public
utility, or of a complete operating integral section thereof, to
the state or a political subdivision thereof for use in conducting any business defined in RCW 82.16.010 (1), (2), (3), (4),
(5), (6), (7), (8), (9), (10) or (11). [1980 c 37 § 24.
Formerly RCW 82.08.030(6).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.02565 Exemptions—Sales of machinery and
equipment for manufacturing, research and development,
or a testing operation—Labor and services for installation—Exemption certificate—Rules. (1) The tax levied by
RCW 82.08.020 shall not apply to sales to a manufacturer or
processor for hire of machinery and equipment used directly
in a manufacturing operation or research and development
operation, to sales to a person engaged in testing for a
manufacturer or processor for hire of machinery and equipment used directly in a testing operation, or to sales of or
charges made for labor and services rendered in respect to
installing, repairing, cleaning, altering, or improving the
machinery and equipment, but only when the purchaser
provides the seller with an exemption certificate in a form
and manner prescribed by the department by rule. The seller
shall retain a copy of the certificate for the seller’s files.
(2002 Ed.)
82.08.0255
(2) For purposes of this section and RCW 82.12.02565:
(a) "Machinery and equipment" means industrial
fixtures, devices, and support facilities, and tangible personal
property that becomes an ingredient or component thereof,
including repair parts and replacement parts. "Machinery
and equipment" includes pollution control equipment
installed and used in a manufacturing operation, testing
operation, or research and development operation to prevent
air pollution, water pollution, or contamination that might
otherwise result from the manufacturing operation, testing
operation, or research and development operation.
(b) "Machinery and equipment" does not include:
(i) Hand-powered tools;
(ii) Property with a useful life of less than one year;
(iii) Buildings, other than machinery and equipment that
is permanently affixed to or becomes a physical part of a
building; and
(iv) Building fixtures that are not integral to the manufacturing operation, testing operation, or research and
development operation that are permanently affixed to and
become a physical part of a building, such as utility systems
for heating, ventilation, air conditioning, communications,
plumbing, or electrical.
(c) Machinery and equipment is "used directly" in a
manufacturing operation, testing operation, or research and
development operation if the machinery and equipment:
(i) Acts upon or interacts with an item of tangible
personal property;
(ii) Conveys, transports, handles, or temporarily stores
an item of tangible personal property at the manufacturing
site or testing site;
(iii) Controls, guides, measures, verifies, aligns, regulates, or tests tangible personal property at the site or away
from the site;
(iv) Provides physical support for or access to tangible
personal property;
(v) Produces power for, or lubricates machinery and
equipment;
(vi) Produces another item of tangible personal property
for use in the manufacturing operation, testing operation, or
research and development operation;
(vii) Places tangible personal property in the container,
package, or wrapping in which the tangible personal property
is normally sold or transported; or
(viii) Is integral to research and development as defined
in RCW 82.63.010.
(d) "Manufacturing operation" means the manufacturing
of articles, substances, or commodities for sale as tangible
personal property. A manufacturing operation begins at the
point where the raw materials enter the manufacturing site
and ends at the point where the processed material leaves the
manufacturing site. The term also includes that portion of
a cogeneration project that is used to generate power for
consumption within the manufacturing site of which the
cogeneration project is an integral part. The term does not
include the production of electricity by a light and power
business as defined in RCW 82.16.010 or the preparation of
food products on the premises of a person selling food
products at retail.
(e) "Cogeneration" means the simultaneous generation
of electrical energy and low-grade heat from the same fuel.
[Title 82 RCW—page 57]
82.08.02565
Title 82 RCW: Excise Taxes
(f) "Research and development operation" means
engaging in research and development as defined in RCW
82.63.010 by a manufacturer or processor for hire.
(g) "Testing" means activities performed to establish or
determine the properties, qualities, and limitations of tangible
personal property.
(h) "Testing operation" means the testing of tangible
personal property for a manufacturer or processor for hire.
A testing operation begins at the point where the tangible
personal property enters the testing site and ends at the point
where the tangible personal property leaves the testing site.
The term also includes that portion of a cogeneration project
that is used to generate power for consumption within the
site of which the cogeneration project is an integral part.
The term does not include the production of electricity by a
light and power business as defined in RCW 82.16.010 or
the preparation of food products on the premises of a person
selling food products at retail. [1999 c 211 § 5; 1999 c 211
§ 3; 1998 c 330 § 1. Prior: 1996 c 247 § 2; 1996 c 173 §
3; 1995 1st sp.s. c 3 § 2.]
Finding—Intent—1999 c 211: "The legislature finds that the
application of the manufacturer’s machinery and equipment sales and use
tax exemption has, in some instances, been difficult and confusing for
taxpayers, and included difficult reporting and recordkeeping requirements.
In this act, it is the intent of the legislature to make clear its intent for the
application of the exemption, and to extend the exemption to the purchase
and use of machinery and equipment for businesses that perform testing of
manufactured goods for manufacturers or processors for hire." [1999 c 211
§ 1.]
Intent—1999 c 211 §§ 2 and 3: See note following RCW 82.04.120.
Effective date—1999 c 211 §§ 1-4: See note following RCW
82.04.120.
Findings—Intent—1996 c 247: See note following RCW
82.08.02566.
Findings—Intent—1996 c 173: "The legislature finds that the health,
safety, and welfare of the people of the state of Washington are heavily
dependent upon the continued encouragement, development, and expansion
of opportunities for family wage employment in the state’s manufacturing
industries.
The legislature also finds that sales and use tax exemptions for
manufacturing machinery and equipment enacted by the 1995 legislature
have improved Washington’s ability to compete with other states for
manufacturing investment, but that additional incentives for manufacturers
need to be adopted to solidify and enhance the state’s competitive position.
The legislature intends to accomplish this by extending the current
manufacturing machinery and equipment exemptions to allow a sales tax
exemption for labor and service charges for repairing, cleaning, altering, or
improving machinery and equipment, and a sales and use tax exemption for
repair and replacement parts with a useful life of one year or more." [1996
c 173 § 1.]
Findings—1995 1st sp.s. c 3: "The legislature finds and declares
that:
(1) The health, safety, and welfare of the people of the state of
Washington are heavily dependent upon the continued encouragement,
development, and expansion of opportunities for family wage employment
in our state’s private sector;
(2) The state’s private sector must be encouraged to commit to
continuous improvement of process, products, and services and to deliver
high-quality, high-value products through technological innovations and
high-performance work organizations;
(3) The state’s opportunities for increased economic dealings with
other states and nations of the world are dependent on supporting and
attracting a diverse, stable, and competitive economic base of private sector
employers;
(4) The state’s current policy of applying its sales and use taxes to
machinery, equipment, and installation labor used in manufacturing, research
and development, and other activities has placed our state’s private sector
at a competitive disadvantage with other states and serves as a significant
disincentive to the continuous improvement of products, technology, and
[Title 82 RCW—page 58]
modernization necessary for the preservation, stabilization, and expansion
of employment and to ensure a stable economy; and
(5) It is vital to the continued development of economic opportunity
in this state, including the development of new businesses and the expansion
or modernization of existing businesses, that the state of Washington
provide tax incentives to entities making a commitment to sites and
operations in this state." [1995 1st sp.s. c 3 § 1.]
Effective date—1995 1st sp.s. c 3: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 1st sp.s. c 3 § 16.]
82.08.02566 Exemptions—Sales of tangible personal
property incorporated in prototype for parts, auxiliary
equipment, and aircraft modification—Limitations on
yearly exemption. (1) The tax levied by RCW 82.08.020
shall not apply to sales of tangible personal property incorporated into a prototype for aircraft parts, auxiliary equipment, or modifications; or to sales of tangible personal
property that at one time is incorporated into the prototype
but is later destroyed in the testing or development of the
prototype.
(2) This exemption does not apply to sales to any
person whose total taxable amount during the immediately
preceding calendar year exceeds twenty million dollars. For
purposes of this section, "total taxable amount" means gross
income of the business and value of products manufactured,
less any amounts for which a credit is allowed under RCW
82.04.440.
(3) State and local taxes for which an exemption is
received under this section and RCW 82.12.02566 shall not
exceed one hundred thousand dollars for any person during
any calendar year. [1997 c 302 § 1; 1996 c 247 § 4.]
Effective date—1997 c 302: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 302 § 3.]
Findings—Intent—1996 c 247: "The legislature finds that the health,
safety, and welfare of the people of the state of Washington are heavily
dependent upon the continued encouragement, development, and expansion
of opportunities for family wage employment in the state’s manufacturing
industries.
The legislature also finds that sales and use tax exemptions for
manufacturing machinery and equipment enacted by the 1995 legislature
have improved Washington’s ability to compete with other states for
manufacturing investment, but that additional incentives for manufacturers
need to be adopted to solidify and enhance the state’s competitive position.
The legislature intends to accomplish this by extending the current
manufacturing machinery and equipment exemptions to include machinery
and equipment used for research and development with potential manufacturing applications." [1996 c 247 § 1.]
82.08.02567 Exemptions—Sales related to machinery and equipment used in generating electricity.
(Expires June 30, 2009.) (1) The tax levied by RCW
82.08.020 shall not apply to sales of machinery and equipment used directly in generating electricity using fuel cells,
wind, sun, or landfill gas as the principal source of power,
or to sales of or charges made for labor and services
rendered in respect to installing such machinery and
equipment, but only if the purchaser develops with such
machinery, equipment, and labor a facility capable of
generating not less than two hundred watts of electricity and
provides the seller with an exemption certificate in a form
and manner prescribed by the department. The seller shall
retain a copy of the certificate for the seller’s files.
(2002 Ed.)
Retail Sales Tax
(2) For purposes of this section and RCW 82.12.02567:
(a) "Landfill gas" means biomass fuel of the type
qualified for federal tax credits under 26 U.S.C. Sec. 29
collected from a landfill. "Landfill" means a landfill as
defined under RCW 70.95.030;
(b) "Machinery and equipment" means industrial
fixtures, devices, and support facilities that are integral and
necessary to the generation of electricity using wind, sun, or
landfill gas as the principal source of power;
(c) "Machinery and equipment" does not include: (i)
Hand-powered tools; (ii) property with a useful life of less
than one year; (iii) repair parts required to restore machinery
and equipment to normal working order; (iv) replacement
parts that do not increase productivity, improve efficiency,
or extend the useful life of machinery and equipment; (v)
buildings; or (vi) building fixtures that are not integral and
necessary to the generation of electricity that are permanently affixed to and become a physical part of a building;
(d) Machinery and equipment is "used directly" in
generating electricity with fuel cells or by wind energy, solar
energy, or landfill gas power if it provides any part of the
process that captures the energy of the wind, sun, or landfill
gas, converts that energy to electricity, and stores, transforms, or transmits that electricity for entry into or operation
in parallel with electric transmission and distribution systems;
(e) "Fuel cell" means an electrochemical reaction that
generates electricity by combining atoms of hydrogen and
oxygen in the presence of a catalyst.
(3) This section expires June 30, 2009. [2001 c 213 §
1; 1999 c 358 § 4; 1998 c 309 § 1; 1996 c 166 § 1.]
Effective date—2001 c 213: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
2001." [2001 c 213 § 3.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Effective date—1998 c 309: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 3, 1998]." [1998 c 309 § 3.]
Effective date—1996 c 166: "This act shall take effect July 1, 1996."
[1996 c 166 § 3.]
82.08.02568 Exemptions—Sales of carbon and
similar substances that become an ingredient or component of anodes or cathodes used in producing aluminum
for sale. The tax levied by RCW 82.08.020 shall not apply
to sales of carbon, petroleum coke, coal tar, pitch, and
similar substances that become an ingredient or component
of anodes or cathodes used in producing aluminum for sale.
[1996 c 170 § 1.]
Effective date—1996 c 170: "This act shall take effect July 1, 1996."
[1996 c 170 § 3.]
82.08.02569 Exemptions—Sales of tangible personal
property related to a building or structure that is an
integral part of a laser interferometer gravitational wave
observatory. The tax levied by RCW 82.08.020 shall not
apply to sales of tangible personal property to a consumer as
defined in RCW 82.04.190(6) if the tangible personal
property is incorporated into, installed in, or attached to a
building or other structure that is an integral part of a laser
(2002 Ed.)
82.08.02567
interferometer gravitational wave observatory on which
construction is commenced before December 1, 1996. [1996
c 113 § 1.]
Effective date—1996 c 113: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 20, 1996]." [1996 c 113 § 3.]
82.08.0257 Exemptions—Auction sales of tangible
personal property used in farming. The tax levied by
RCW 82.08.020 shall not apply to auction sales made by or
through auctioneers of tangible personal property (including
household goods) which have been used in conducting a
farm activity, when the seller thereof is a farmer and the sale
is held or conducted upon a farm and not otherwise. [1980
c 37 § 25. Formerly RCW 82.08.030(7).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.02573 Exemptions—Sales by a nonprofit
organization for fund-raising activities. The tax levied by
RCW 82.08.020 does not apply to a sale made by a nonprofit organization if the gross income from the sale is exempt
under RCW 82.04.3651. [1998 c 336 § 3.]
Findings—1998 c 336: See note following RCW 82.04.3651.
82.08.0258 Exemptions—Sales to federal corporations providing aid and relief. The tax levied by RCW
82.08.020 shall not apply to sales to corporations which have
been incorporated under any act of the congress of the
United States and whose principal purposes are to furnish
volunteer aid to members of armed forces of the United
States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, floods, and other
national calamities and to devise and carry on measures for
preventing the same. [1980 c 37 § 26. Formerly RCW
82.08.030(8).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0259 Exemptions—Sales of livestock. The tax
levied by RCW 82.08.020 shall not apply to sales of
livestock, as defined in RCW 16.36.005, for breeding
purposes where the animals are registered in a nationally
recognized breed association; or to sales of cattle and milk
cows used on the farm. [2001 c 118 § 4; 1980 c 37 § 27.
Formerly RCW 82.08.030(9).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.026 Exemptions—Sales of natural or manufactured gas. The tax levied by RCW 82.08.020 shall not
apply to sales of natural or manufactured gas that is taxable
under RCW 82.12.022. [1994 c 124 § 8; 1989 c 384 § 4.]
Intent—Effective date—1989 c 384: See notes following RCW
82.12.022.
82.08.0261 Exemptions—Sales of personal property
for use connected with private or common carriers in
interstate or foreign commerce. The tax levied by RCW
82.08.020 shall not apply to sales of tangible personal
property (other than the type referred to in RCW 82.08.0262)
for use by the purchaser in connection with the business of
[Title 82 RCW—page 59]
82.08.0261
Title 82 RCW: Excise Taxes
operating as a private or common carrier by air, rail, or
water in interstate or foreign commerce: PROVIDED, That
any actual use of such property in this state shall, at the time
of such actual use, be subject to the tax imposed by chapter
82.12 RCW. [1980 c 37 § 28. Formerly RCW
82.08.030(10).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0262 Exemptions—Sales of airplanes, locomotives, railroad cars, or watercraft for use in interstate or
foreign commerce or outside the territorial waters of the
state or airplanes sold to United States government—
Components thereof and of motor vehicles or trailers
used for constructing, repairing, cleaning, etc.—Labor
and services for constructing, repairing, cleaning, etc.
The tax levied by RCW 82.08.020 shall not apply to sales of
airplanes, locomotives, railroad cars, or watercraft for use in
conducting interstate or foreign commerce by transporting
therein or therewith property and persons for hire or for use
in conducting commercial deep sea fishing operations outside
the territorial waters of the state or airplanes sold to the
United States government; also sales of tangible personal
property which becomes a component part of such airplanes,
locomotives, railroad cars, or watercraft, and of motor
vehicles or trailers whether owned by or leased with or
without drivers and used by the holder of a carrier permit
issued by the Interstate Commerce Commission or its successor agency authorizing transportation by motor vehicle across
the boundaries of this state, in the course of constructing,
repairing, cleaning, altering, or improving the same; also
sales of or charges made for labor and services rendered in
respect to such constructing, repairing, cleaning, altering, or
improving. [1998 c 311 § 5; 1994 c 43 § 1; 1980 c 37 § 29.
Formerly RCW 82.08.030(11).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0263 Exemptions—Sales of motor vehicles
and trailers for use in transporting persons or property
in interstate or foreign commerce. The tax levied by
RCW 82.08.020 shall not apply to sales of motor vehicles
and trailers to be used for the purpose of transporting therein
persons or property for hire in interstate or foreign commerce whether such use is by the owner or whether such
motor vehicles and trailers are leased to the user with or
without drivers: PROVIDED, That the purchaser or user
must be the holder of a carrier permit issued by the Interstate
Commerce Commission or its successor agency. [1998 c
311 § 6; 1995 c 63 § 1; 1980 c 37 § 30. Formerly RCW
82.08.030(12).]
Effective date—1995 c 63: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 63 § 3.]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0264 Exemptions—Sales of motor vehicles,
trailers, or campers to nonresidents for use outside the
state. The tax levied by RCW 82.08.020 shall not apply to
sales of motor vehicles, trailers, or campers to nonresidents
of this state for use outside of this state, even though
delivery be made within this state, but only when (1) the
[Title 82 RCW—page 60]
vehicles, trailers, or campers will be taken from the point of
delivery in this state directly to a point outside this state
under the authority of a one-transit permit issued by the
director of licensing pursuant to the provisions of RCW
46.16.160, or (2) said motor vehicles, trailers, or campers
will be registered and licensed immediately under the laws
of the state of the purchaser’s residence, will not be used in
this state more than three months, and will not be required
to be registered and licensed under the laws of this state.
[1980 c 37 § 31. Formerly RCW 82.08.030(13).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0265 Exemptions—Sales to nonresidents of
tangible personal property which becomes a component
of property of the nonresident by installing, repairing,
etc.—Labor and services for installing, repairing, etc.
The tax levied by RCW 82.08.020 shall not apply to sales to
nonresidents of this state for use outside of this state of
tangible personal property which becomes a component part
of any machinery or other article of personal property
belonging to such nonresident, in the course of installing,
repairing, cleaning, altering, or improving the same and also
sales of or charges made for labor and services rendered in
respect to any installing, repairing, cleaning, altering, or
improving, of personal property of or for a nonresident, but
this section shall apply only when the seller agrees to, and
does, deliver the property to the purchaser at a point outside
this state, or delivers the property to a common or bona fide
private carrier consigned to the purchaser at a point outside
this state. [1980 c 37 § 32. Formerly RCW 82.08.030(14).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0266 Exemptions—Sales of watercraft to
nonresidents for use outside the state. The tax levied by
RCW 82.08.020 shall not apply to sales to nonresidents of
this state for use outside of this state of watercraft requiring
coast guard registration or registration by the state of
principal use according to the Federal Boating Act of 1958,
even though delivery be made within this state, but only
when (1) the watercraft will not be used within this state for
more than forty-five days and (2) an appropriate exemption
certificate supported by identification ascertaining residence
as required by the department of revenue and signed by the
purchaser or his agent establishing the fact that the purchaser
is a nonresident and that the watercraft is for use outside of
this state, a copy of which shall be retained by the dealer.
[1999 c 358 § 5; 1980 c 37 § 33. Formerly RCW
82.08.030(15).]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.02665 Exemptions—Sales of watercraft,
vessels to residents of foreign countries. The tax levied by
RCW 82.08.020 does not apply to sales of vessels to residents of foreign countries for use outside of this state, even
though delivery is made within this state, but only if (1) the
vessel will not be used within this state for more than fortyfive days and (2) an appropriate exemption certificate
supported by identification as required by the department of
revenue and signed by the purchaser or the purchaser’s agent
(2002 Ed.)
Retail Sales Tax
establishes the fact that the purchaser is a resident of a
foreign country and that the vessel is for use outside of this
state. A copy of the exemption certificate is to be retained
by the dealer.
As used in this section, "vessel" means every watercraft
used or capable of being used as a means of transportation
on the water, other than a seaplane. [1999 c 358 § 6; 1993
c 119 § 1.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
82.08.0267 Exemptions—Sales of poultry for
producing poultry and poultry products for sale. The tax
levied by RCW 82.08.020 shall not apply to sales of poultry
for use in the production for sale of poultry or poultry
products. [1980 c 37 § 34. Formerly RCW 82.08.030(16).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0268 Exemptions—Sales of machinery and
implements, and related parts and labor, for farming to
nonresidents for use outside the state. The tax levied by
RCW 82.08.020 shall not apply to sales to nonresidents of
this state for use outside of this state of:
(1) Machinery and implements for use in conducting a
farming activity;
(2) Parts for machinery and implements for use in
conducting a farming activity; and
(3) Labor and services for the repair of machinery,
implements, and parts for use in conducting a farming
activity,
when such machinery, implements, and parts will be transported immediately outside the state. As proof of exemption, an affidavit or certification in such form as the department of revenue shall require shall be retained as a business
record of the seller. [1998 c 167 § 1; 1980 c 37 § 35.
Formerly RCW 82.08.030(17).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0269 Exemptions—Sales for use in states,
territories, and possessions of the United States which are
not contiguous to any other state. The tax levied by RCW
82.08.020 shall not apply to sales for use in states, territories
and possessions of the United States which are not contiguous to any other state, but only when, as a necessary incident
to the contract of sale, the seller delivers the subject matter
of the sale to the purchaser or his designated agent at the
usual receiving terminal of the carrier selected to transport
the goods, under such circumstances that it is reasonably
certain that the goods will be transported directly to a
destination in such noncontiguous states, territories and
possessions. [1980 c 37 § 36. Formerly RCW
82.08.030(18).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0271 Exemptions—Sales to municipal corporations, the state, and political subdivisions of tangible
personal property, labor and services on watershed
protection and flood prevention contracts. The tax levied
by RCW 82.08.020 shall not apply to sales to municipal
corporations, the state, and all political subdivisions thereof
of tangible personal property consumed and/or of labor and
(2002 Ed.)
82.08.02665
services rendered in respect to contracts for watershed
protection and/or flood prevention. This exemption shall be
limited to that portion of the selling price which is reimbursed by the United States government according to the
provisions of the Watershed Protection and Flood Prevention
Act, Public Laws 566, as amended. [1980 c 37 § 37.
Formerly RCW 82.08.030(19).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0272 Exemptions—Sales of semen for artificial insemination of livestock. The tax levied by RCW
82.08.020 shall not apply to sales of semen for use in the
artificial insemination of livestock. [1980 c 37 § 38.
Formerly RCW 82.08.030(20).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0273 Exemptions—Sales to nonresidents of
tangible personal property for use outside the state—
Proof of nonresident status—Penalties. (1) The tax levied
by RCW 82.08.020 shall not apply to sales to nonresidents
of this state of tangible personal property for use outside this
state when the purchaser (a) is a bona fide resident of a state
or possession or Province of Canada other than the state of
Washington and such state, possession, or Province of
Canada does not impose a retail sales tax or use tax of three
percent or more or, if imposing such a tax, permits Washington residents exemption from otherwise taxable sales by
reason of their residence, and (b) agrees, when requested, to
grant the department of revenue access to such records and
other forms of verification at his or her place of residence to
assure that such purchases are not first used substantially in
the state of Washington.
(2)(a) Any person claiming exemption from retail sales
tax under the provisions of this section must display proof of
his or her current nonresident status as herein provided.
(b) Acceptable proof of a nonresident person’s status
shall include one piece of identification such as a valid
driver’s license from the jurisdiction in which the out-ofstate residency is claimed or a valid identification card which
has a photograph of the holder and is issued by the out-ofstate jurisdiction. Identification under this subsection (2)(b)
must show the holder’s residential address and have as one
of its legal purposes the establishment of residency in that
out-of-state jurisdiction.
(3) Nothing in this section requires the vendor to make
tax exempt retail sales to nonresidents. A vendor may
choose to make sales to nonresidents, collect the sales tax,
and remit the amount of sales tax collected to the state as
otherwise provided by law. If the vendor chooses to make
a sale to a nonresident without collecting the sales tax, the
vendor shall, in good faith, examine the proof of nonresidence, determine whether the proof is acceptable under
subsection (2)(b) of this section, and maintain records for
each nontaxable sale which shall show the type of proof
accepted, including any identification numbers where appropriate, and the expiration date, if any.
(4)(a) Any person making fraudulent statements, which
includes the offer of fraudulent identification or fraudulently
procured identification to a vendor, in order to purchase
goods without paying retail sales tax shall be guilty of
perjury. Any person making tax exempt purchases under
[Title 82 RCW—page 61]
82.08.0273
Title 82 RCW: Excise Taxes
this section by displaying proof of identification not his or
her own, or counterfeit identification, with intent to violate
the provisions of this section, shall be guilty of a misdemeanor and, in addition, shall be liable for the tax and
subject to a penalty equal to the greater of one hundred
dollars or the tax due on such purchases.
(b) Any vendor who makes sales without collecting the
tax to a person who does not hold valid identification
establishing out-of-state residency, and any vendor who fails
to maintain records of sales to nonresidents as provided in
this section, shall be personally liable for the amount of tax
due. Any vendor who makes sales without collecting the
retail sales tax under this section and who has actual
knowledge that the purchaser’s proof of identification
establishing out-of-state residency is fraudulent shall be
guilty of a misdemeanor and, in addition, shall be liable for
the tax and subject to a penalty equal to the greater of one
thousand dollars or the tax due on such sales. In addition,
both the purchaser and the vendor shall be liable for any
penalties and interest assessable under chapter 82.32 RCW.
[1993 c 444 § 1; 1988 c 96 § 1; 1982 1st ex.s. c 5 § 1; 1980
c 37 § 39. Formerly RCW 82.08.030(21).]
Effective date—1988 c 96: "This act shall take effect July 1, 1989."
[1988 c 96 § 2.]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0274 Exemptions—Sales of form lumber to
person engaged in constructing, repairing, etc., structures
for consumers. The tax levied by RCW 82.08.020 shall not
apply to sales of form lumber to any person engaged in the
constructing, repairing, decorating, or improving of new or
existing buildings or other structures under, upon or above
real property of or for consumers: PROVIDED, That such
lumber is used or to be used first by such person for the
molding of concrete in a single such contract, project or job
and is thereafter incorporated into the product of that same
contract, project or job as an ingredient or component
thereof. [1980 c 37 § 40. Formerly RCW 82.08.030(22).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.02745 Exemptions—Charges for labor and
services or sales of tangible personal property related to
agricultural employee housing—Exemption certificate—
Rules. (1) The tax levied by RCW 82.08.020 shall not
apply to charges made for labor and services rendered by
any person in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other
structures used as agricultural employee housing, or to sales
of tangible personal property that becomes an ingredient or
component of the buildings or other structures during the
course of the constructing, repairing, decorating, or improving the buildings or other structures, but only if the buyer
provides the seller with an exemption certificate in a form
and manner prescribed by the department by rule.
(2) The exemption provided in this section for agricultural employee housing provided to year-round employees of
the agricultural employer, only applies if that housing is built
to the current building code for single-family or multifamily
dwellings according to the state building code, chapter 19.27
RCW.
[Title 82 RCW—page 62]
(3) Any agricultural employee housing built under this
section shall be used according to this section for at least
five consecutive years from the date the housing is approved
for occupancy, or the full amount of tax otherwise due shall
be immediately due and payable together with interest, but
not penalties, from the date the housing is approved for
occupancy until the date of payment. If at any time agricultural employee housing that is not located on agricultural
land ceases to be used in the manner specified in subsection
(2) of this section, the full amount of tax otherwise due shall
be immediately due and payable with interest, but not
penalties, from the date the housing ceases to be used as
agricultural employee housing until the date of payment.
(4) The exemption provided in this section shall not
apply to housing built for the occupancy of an employer,
family members of an employer, or persons owning stock or
shares in a farm partnership or corporation business.
(5) For purposes of this section and RCW 82.12.02685:
(a) "Agricultural employee" or "employee" has the same
meaning as given in RCW 19.30.010;
(b) "Agricultural employer" or "employer" has the same
meaning as given in RCW 19.30.010; and
(c) "Agricultural employee housing" means all facilities
provided by an agricultural employer, housing authority,
local government, state or federal agency, nonprofit community or neighborhood-based organization that is exempt from
income tax under section 501(c) of the internal revenue code
of 1986 (26 U.S.C. Sec. 501(c)), or for-profit provider of
housing for housing agricultural employees on a year-round
or seasonal basis, including bathing, food handling, hand
washing, laundry, and toilet facilities, single-family and multifamily dwelling units and dormitories, and includes labor
camps under *RCW 70.54.110. "Agricultural employee
housing" does not include housing regularly provided on a
commercial basis to the general public. "Agricultural
employee housing" does not include housing provided by a
housing authority unless at least eighty percent of the
occupants are agricultural employees whose adjusted income
is less than fifty percent of median family income, adjusted
for household size, for the county where the housing is
provided. [1997 c 438 § 1; 1996 c 117 § 1.]
*Reviser’s note: RCW 70.54.110 was repealed by 1999 c 374 § 12.
Effective date—1997 c 438: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 20, 1997]." [1997 c 438 § 3.]
Effective date—1996 c 117: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 20, 1996]." [1996 c 117 § 3.]
82.08.0275 Exemptions—Sales of and labor and
service charges for mining, sorting, crushing, etc., of
sand, gravel, and rock from county or city quarry for
public road purposes. The tax levied by RCW 82.08.020
shall not apply to sales of, cost of, or charges made for labor
and services performed in respect to the mining, sorting,
crushing, screening, washing, hauling, and stockpiling of
sand, gravel and rock when such sand, gravel, or rock is
taken from a pit or quarry which is owned by or leased to a
county or a city, and such sand, gravel, or rock is (1) either
stockpiled in said pit or quarry for placement or is placed on
(2002 Ed.)
Retail Sales Tax
the street, road, place, or highway of the county or city by
the county or city itself, or (2) sold by the county or city to
a county, or a city at actual cost for placement on a publicly
owned street, road, place, or highway. The exemption
provided for in this section shall not apply to sales of, cost
of, or charges made for such labor and services, if the sand,
gravel, or rock is used for other than public road purposes or
is sold otherwise than as provided for in this section. [1980
c 37 § 41. Formerly RCW 82.08.030(23).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0276 Exemptions—Sales of wearing apparel
for use only as a sample for display for sale. The tax
levied by RCW 82.08.020 shall not apply to sales of wearing
apparel to persons who themselves use such wearing apparel
only as a sample for display for the purpose of effecting
sales of goods represented by such sample. [1980 c 37 § 42.
Formerly RCW 82.08.030(24).]
82.08.0275
(2) As used in this section, "free hospital" means a
hospital that does not charge patients for health care provided by the hospital. [1993 c 205 § 1.]
Effective date—1993 c 205: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 6, 1993]." [1993 c 205 § 3.]
82.08.02805 Exemptions—Sales to blood, bone, or
tissue bank—Exceptions. The tax levied by RCW
82.08.020 does not apply to the sale of medical supplies,
chemicals, or materials to a blood, bone, or tissue bank. The
definitions in RCW 82.04.324 apply to this section. The
exemption in this section does not apply to the sale of
construction materials, office equipment, building equipment,
administrative supplies, or vehicles. [1995 2nd sp.s. c 9 §
4.]
Effective date—1995 2nd sp.s. c 9: See note following RCW
84.36.035.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0277 Exemptions—Sales of pollen. The tax
levied by RCW 82.08.020 shall not apply to sales of pollen.
[1980 c 37 § 43. Formerly RCW 82.08.030(25).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0278 Exemptions—Sales between political
subdivisions resulting from annexation or incorporation.
The tax levied by RCW 82.08.020 shall not apply to sales to
one political subdivision by another political subdivision directly or indirectly arising out of or resulting from the
annexation or incorporation of any part of the territory of
one political subdivision by another. [1980 c 37 § 44.
Formerly RCW 82.08.030(26).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0279 Exemptions—Renting or leasing of
motor vehicles and trailers to a nonresident for use in the
transportation of persons or property across state
boundaries. The tax levied by RCW 82.08.020 shall not
apply to the renting or leasing of motor vehicles and trailers
to a nonresident of this state for use exclusively in transporting persons or property across the boundaries of this
state and in intrastate operations incidental thereto when such
motor vehicle or trailer is registered and licensed in a foreign
state and for purposes of this exemption the term "nonresident" shall apply to a renter or lessee who has one or more
places of business in this state as well as in one or more
other states but the exemption for nonresidents shall apply
only to those vehicles which are most frequently dispatched,
garaged, serviced, maintained and operated from the renter’s
or lessee’s place of business in another state. [1980 c 37 §
45. Formerly RCW 82.08.030(27).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.02795 Exemptions—Sales to free hospitals.
(1) The tax levied by RCW 82.08.020 shall not apply to
sales to free hospitals of items reasonably necessary for the
operation of, and provision of health care by, free hospitals.
(2002 Ed.)
82.08.02806 Exemptions—Sales of human blood,
tissue, organs, bodies, or body parts for medical research
and quality control testing. The tax levied by RCW
82.08.020 shall not apply to sales of human blood, tissue,
organs, bodies, or body parts for medical research and
quality control testing purposes. [1996 c 141 § 1.]
Effective date—1996 c 141: "This act shall take effect July 1, 1996."
[1996 c 141 § 3.]
82.08.02807 Exemptions—Sales to organ procurement organization. The tax levied by RCW 82.08.020 shall
not apply to the sales of medical supplies, chemicals, or
materials to an organ procurement organization exempt under
RCW 82.04.326. The definitions of medical supplies,
chemicals, and materials in RCW 82.04.324 apply to this
section. This exemption does not apply to the sale of
construction materials, office equipment, building equipment,
administrative supplies, or vehicles. [2002 c 113 § 2.]
Effective date—2002 c 113: See note following RCW 82.04.326.
82.08.0281 Exemptions—Sales of prescription
drugs. The tax levied by RCW 82.08.020 shall not apply to
sales of prescription drugs, including sales to the state or a
political subdivision or municipal corporation thereof of
drugs to be dispensed to patients by prescription without
charge. The term "prescription drugs" shall include any
medicine, drug, prescription lens, or other substance other
than food for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or other ailment in humans,
or for use for family planning purposes, including the
prevention of conception, supplied:
(1) By a family planning clinic that is under contract
with the department of health to provide family planning
services; or
(2) Under the written prescription to a pharmacist by a
practitioner authorized by law of this state or laws of another
jurisdiction to issue prescriptions; or
(3) Upon an oral prescription of such practitioner which
is reduced promptly to writing and filed by a duly licensed
pharmacist; or
[Title 82 RCW—page 63]
82.08.0281
Title 82 RCW: Excise Taxes
(4) By refilling any such written or oral prescription if
such refilling is authorized by the prescriber either in the
original prescription or by oral order which is reduced
promptly to writing and filed by the pharmacist; or
(5) By physicians or optometrists by way of written
directions and specifications for the preparation, grinding,
and fabrication of lenses intended to aid or correct visual
defects or anomalies of humans. [1993 sp.s. c 25 § 308;
1980 c 37 § 46. Formerly RCW 82.08.030(28).]
Finding—1993 sp.s. c 25: "The legislature finds that prevention is
a significant element in the reduction of health care costs. The legislature
further finds that taxing some physician prescriptions and not others is
unfair to patients. It is, therefore, the intent of the legislature to remove the
taxes from prescriptions issued for family planning purposes." [1993 sp.s.
c 25 § 307.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0282 Exemptions—Sales of returnable
containers for beverages and foods. The tax levied by
RCW 82.08.020 shall not apply to sales of returnable
containers for beverages and foods, including but not limited
to soft drinks, milk, beer, and mixers. [1980 c 37 § 47.
Formerly RCW 82.08.030(29).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0283 Exemptions—Certain medical items.
The tax levied by RCW 82.08.020 shall not apply to sales of
insulin; prosthetic devices and the components thereof;
dental appliances, devices, restorations, and substitutes, and
the components thereof, including but not limited to full and
partial dentures, crowns, inlays, fillings, braces, and retainers; orthotic devices prescribed for an individual by a person
licensed under chapters 18.22, 18.25, 18.57, or 18.71 RCW;
hearing instruments dispensed or fitted by a person licensed
or certified under chapter 18.35 RCW, and the components
thereof; medicines of mineral, animal, and botanical origin
prescribed, administered, dispensed, or used in the treatment
of an individual by a person licensed under chapter 18.36A
RCW; ostomic items; and medically prescribed oxygen, including, but not limited to, oxygen concentrator systems,
oxygen enricher systems, liquid oxygen systems, and
gaseous, bottled oxygen systems prescribed for an individual
by a person licensed under chapter 18.57 or 18.71 RCW for
use in the medical treatment of that individual. In addition,
the tax levied by RCW 82.08.020 shall not apply to charges
made for labor and services rendered in respect to the
repairing, cleaning, altering, or improving of any of the
items exempted under this section. [2001 c 75 § 1; 1998 c
168 § 2; 1997 c 224 § 1; 1996 c 162 § 1; 1991 c 250 § 2;
1986 c 255 § 1; 1980 c 86 § 1; 1980 c 37 § 48. Formerly
RCW 82.08.030(30).]
Effective date—2001 c 75: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 19, 2001]." [2001 c 75 § 3.]
Effective date—1998 c 168: See note following RCW 82.04.120.
Effective date—1997 c 224: "This act takes effect October 1, 1998."
[1997 c 224 § 3.]
Effective date—1996 c 162: "This act shall take effect July 1, 1996."
[1996 c 162 § 3.]
Finding—Intent—1991 c 250: "(1) The legislature finds:
[Title 82 RCW—page 64]
(a) The existing state policy is to exempt medical oxygen from sales
and use tax.
(b) The technology for supplying medical oxygen has changed
substantially in recent years. Many consumers of medical oxygen purchase
or rent equipment that supplies oxygen rather than purchasing oxygen in
gaseous form.
(2) The intent of this act is to bring sales and rental of individual
oxygen systems within the existing exemption for medical oxygen, without
expanding the essence of the original policy decision that medical oxygen
should be exempt from sales and use tax." [1991 c 250 § 1.]
Effective date—1986 c 255: "This act shall take effect July 1, 1986."
[1986 c 255 § 3.]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0285 Exemptions—Sales of ferry vessels to the
state or local governmental units—Components thereof—
Labor and service charges. The tax levied by RCW
82.08.020 shall not apply to sales of ferry vessels to the state
of Washington or to a local governmental unit in the state of
Washington for use in transporting pedestrians, vehicles, and
goods within or outside the territorial waters of the state;
also sales of tangible personal property which becomes a
component part of such ferry vessels; also sales of or
charges made for labor and services rendered in respect to
constructing or improving such ferry vessels. [1980 c 37 §
50. Formerly RCW 82.08.030(32).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.08.0287 Exemptions—Sales of passenger motor
vehicles as ride-sharing vehicles. The tax imposed by this
chapter shall not apply to sales of passenger motor vehicles
which are to be used for commuter ride sharing or ride
sharing for persons with special transportation needs, as
defined in RCW 46.74.010, if the vehicles are used as ridesharing vehicles for thirty-six consecutive months beginning
from the date of purchase.
To qualify for the tax exemption, those passenger motor
vehicles with five or six passengers, including the driver,
used for commuter ride-sharing, must be operated either
within the state’s eight largest counties that are required to
develop commute trip reduction plans as directed by chapter
70.94 RCW or in other counties, or cities and towns within
those counties, that elect to adopt and implement a commute
trip reduction plan. Additionally at least one of the following conditions must apply: (1) The vehicle must be operated
by a public transportation agency for the general public; or
(2) the vehicle must be used by a major employer, as
defined in RCW 70.94.524 as an element of its commute trip
reduction program for their employees; or (3) the vehicle
must be owned and operated by individual employees and
must be registered either with the employer as part of its
commute trip reduction program or with a public transportation agency serving the area where the employees live or
work. Individual employee owned and operated motor
vehicles will require certification that the vehicle is registered with a major employer or a public transportation
agency. Major employers who own and operate motor
vehicles for their employees must certify that the commuter
ride-sharing arrangement conforms to a carpool/vanpool
element contained within their commute trip reduction
program. [2001 c 320 § 4; 1996 c 244 § 4; 1995 c 274 § 2;
1993 c 488 § 2; 1980 c 166 § 1.]
Effective date—2001 c 320: See note following RCW 11.02.005.
(2002 Ed.)
Retail Sales Tax
Finding—1993 c 488: "The legislature finds that ride sharing and
vanpools are the fastest growing transportation choice because of their
flexibility and cost-effectiveness. Ride sharing and vanpools represent an
effective means for local jurisdictions, transit agencies, and the private
sector to assist in addressing the requirements of the Commute Trip
Reduction Act, the Growth Management Act, the Americans with Disabilities Act, and the Clean Air Act." [1993 c 488 § 1.]
Annual recertification rule—Report—1993 c 488: "The department
shall adopt by rule a process requiring annual recertification upon renewal
for vehicles registered under RCW 46.16.023 to discourage abuse of tax
exemptions under RCW 82.08.0287, 82.12.0282, and 82.44.015. The
department of licensing in consultation with the department of transportation
shall submit a report to the legislative transportation committee and the
house and senate standing committees on transportation by July 1, 1996,
assessing the effectiveness of the department of licensing at limiting tax
exemptions to bona fide ride-sharing vehicles." [1993 c 488 § 6.]
Severability—1980 c 166: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 166 § 4.]
Ride-sharing vehicles—Special plates: RCW 46.16.023.
82.08.02875 Exemptions—Vehicle parking charges
subject to tax at stadium and exhibition center. The tax
levied by RCW 82.08.020 does not apply to vehicle parking
charges that are subject to tax under RCW 36.38.040. [1997
c 220 § 203 (Referendum Bill No. 48, approved June 17,
1997).]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
82.08.0288 Exemptions—Lease of certain irrigation
equipment. The tax levied by RCW 82.08.020 shall not
apply to the lease of irrigation equipment if:
(1) The irrigation equipment was purchased by the
lessor for the purpose of irrigating land controlled by the
lessor;
(2) The lessor has paid tax under RCW 82.08.020 or
82.12.020 in respect to the irrigation equipment;
(3) The irrigation equipment is attached to the land in
whole or in part; and
(4) The irrigation equipment is leased to the lessee as an
incidental part of the lease of the underlying land to the
lessee and is used solely on such land. [1983 1st ex.s. c 55
§ 5.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
82.08.0289 Exemptions—Certain network telephone
service. (Contingent expiration date.) (1) The tax levied
by RCW 82.08.020 shall not apply to sales of:
(a) Network telephone service, other than toll service, to
residential customers;
(b) Network telephone service which is paid for by
inserting coins in coin-operated telephones;
(c) Mobile telecommunications services, including any
toll service, provided to a customer whose place of primary
use is outside this state.
(2) The definitions in RCW 82.04.065, as well as the
definitions in this subsection, apply to this section.
(2002 Ed.)
82.08.0287
(a) "Residential customer" means an individual subscribing to a residential class of telephone service.
(b) "Toll service" does not include customer access line
charges for access to a toll calling network. [2002 c 67 § 6;
1983 2nd ex.s. c 3 § 30.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
82.08.0289 Exemptions—Certain network telephone
service. (Contingent effective date.) (1) The tax levied by
RCW 82.08.020 shall not apply to sales of:
(a) Network telephone service, other than toll service, to
residential customers.
(b) Network telephone service which is paid for by
inserting coins in coin-operated telephones.
(2) As used in this section:
(a) "Network telephone service" has the meaning given
in RCW 82.04.065.
(b) "Residential customer" means an individual subscribing to a residential class of telephone service.
(c) "Toll service" does not include customer access line
charges for access to a toll calling network. [1983 2nd ex.s.
c 3 § 30.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
82.08.0291 Exemptions—Sales of amusement and
recreation services or personal services by nonprofit
youth organization—Local government physical fitness
classes. The tax imposed by RCW 82.08.020 shall not apply
to the sale of amusement and recreation services, or personal
services specified in RCW 82.04.050(3)(g), by a nonprofit
youth organization, as defined in RCW 82.04.4271, to
members of the organization; nor shall the tax apply to
physical fitness classes provided by a local government.
[2000 c 103 § 8; 1994 c 85 § 1; 1981 c 74 § 2.]
Effective date—1994 c 85: "This act shall take effect July 1, 1994."
[1994 c 85 § 2.]
82.08.02915 Exemptions—Sales used by health or
social welfare organizations for alternative housing for
youth in crisis. The tax levied by RCW 82.08.020 shall not
apply to sales to health or social welfare organizations, as
defined in RCW 82.04.431, of items necessary for new
construction of alternative housing for youth in crisis, so
long as the facility will be a licensed agency under chapter
74.15 RCW, upon completion. [1998 c 183 § 1; 1997 c 386
§ 56; 1995 c 346 § 1.]
Effective date—1997 c 386 §§ 56, 57: "Sections 56 and 57 of this
act are necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and take effect July 1, 1997." [1997 c 386 § 71.]
Effective date—1995 c 346: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 13, 1995]." [1995 c 346 § 4.]
82.08.02917 Youth in crisis—Definition—Limited
purpose. For the purposes of RCW 82.08.02915 and
82.12.02915, "youth in crisis" means any youth under
[Title 82 RCW—page 65]
82.08.02917
Title 82 RCW: Excise Taxes
eighteen years of age who is either: Homeless; a runaway
from the home of a parent, guardian, or legal custodian;
abused; neglected; abandoned by a parent, guardian, or legal
custodian; or suffering from a substance abuse or mental
disorder. [1995 c 346 § 3.]
Effective date—1995 c 346: See note following RCW 82.08.02915.
82.08.0293 Exemptions—Sales of food products for
human consumption. (1) The tax levied by RCW
82.08.020 shall not apply to sales of food products for
human consumption.
"Food products" include cereals and cereal products,
oleomargarine, meat and meat products including livestock
sold for personal consumption, fish and fish products, eggs
and egg products, vegetables and vegetable products, fruit
and fruit products, spices and salt, sugar and sugar products,
coffee and coffee substitutes, tea, cocoa and cocoa products.
"Food products" include milk and milk products, milk
shakes, malted milks, and any other similar type beverages
which are composed at least in part of milk or a milk
product and which require the use of milk or a milk product
in their preparation.
"Food products" include all fruit juices, vegetable juices,
and other beverages except bottled water, spirituous, malt or
vinous liquors or carbonated beverages, whether liquid or
frozen.
"Food products" do not include medicines and preparations in liquid, powdered, granular, tablet, capsule, lozenge,
and pill form sold as dietary supplements or adjuncts.
(2) The exemption of "food products" provided for in
subsection (1) of this section shall not apply: (a) When the
food products are ordinarily sold for immediate consumption
on or near a location at which parking facilities are provided
primarily for the use of patrons in consuming the products
purchased at the location, even though such products are sold
on a "takeout" or "to go" order and are actually packaged or
wrapped and taken from the premises of the retailer, or (b)
when the food products are sold for consumption within a
place, the entrance to which is subject to an admission
charge, except for national and state parks and monuments,
or (c) to a food product, when sold by the retail vendor,
which by law must be handled on the vendor’s premises by
a person with a food and beverage service worker’s permit
under RCW 69.06.010, including but not be limited to
sandwiches prepared or chicken cooked on the premises, deli
trays, home-delivered pizzas or meals, and salad bars but
excluding:
(i) Raw meat prepared by persons who slaughter
animals, including fish and fowl, or dress or wrap slaughtered raw meat such as fish mongers, butchers, or meat
wrappers;
(ii) Meat and cheese sliced and/or wrapped, in any
quantity determined by the buyer, sold by vendors such as
meat markets, delicatessens, and grocery stores;
(iii) Bakeries which only sell baked goods;
(iv) Combination bakery businesses, as prescribed by
rule of the department, to the extent that sales of baked
goods are separately accounted for and the baked goods
claimed for exemption are not sold as part of meals or with
beverages in unsealed containers; or
[Title 82 RCW—page 66]
(v) Bulk food products sold from bins or barrels,
including but not limited to flour, fruits, vegetables, sugar,
salt, candy, chips, and cocoa.
(3) Notwithstanding anything in this section to the
contrary, the exemption of "food products" provided in this
section shall apply to food products which are furnished,
prepared, or served as meals:
(a) Under a state administered nutrition program for the
aged as provided for in the Older Americans Act (P.L. 95478 Title III) and RCW 74.38.040(6); or
(b) Which are provided to senior citizens, disabled
persons, or low-income persons by a not-for-profit organization organized under chapter 24.03 or 24.12 RCW.
(4) Subsection (1) of this section notwithstanding, the
retail sale of food products is subject to sales tax under
RCW 82.08.020 if the food products are sold through a
vending machine, and in this case the selling price for
purposes of RCW 82.08.020 is fifty-seven percent of the
gross receipts.
This subsection does not apply to hot prepared food
products, other than food products which are heated after
they have been dispensed from the vending machine.
For tax collected under this subsection, the requirements
that the tax be collected from the buyer and that the amount
of tax be stated as a separate item are waived. [1988 c 103
§ 1; 1986 c 182 § 1; 1985 c 104 § 1; 1982 1st ex.s. c 35 §
33.]
Effective date—1988 c 103: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 1,
1988." [1988 c 103 § 4.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
82.08.0294 Exemptions—Sales of feed for cultivating or raising fish for sale. The tax levied by RCW
82.08.020 shall not apply to sales of feed to persons for use
in the cultivating or raising for sale of fish entirely within
confined rearing areas on the person’s own land or on land
in which the person has a present right of possession. [1985
c 148 § 3.]
82.08.0295 Exemptions—Lease amounts and
repurchase amount for certain property under
sale/leaseback agreement. The tax levied by RCW
82.08.020 shall not apply to lease amounts paid by a
seller/lessee to a lessor after April 3, 1986, under a
sale/leaseback agreement in respect to property, including
equipment and components, used by the seller/lessee primarily in the business of canning, preserving, freezing, or
dehydrating fresh fruits, vegetables, and fish, nor to the purchase amount paid by the lessee pursuant to an option to
purchase at the end of the lease term: PROVIDED, That the
seller/lessee previously paid the tax imposed by this chapter
or chapter 82.12 RCW at the time of acquisition of the
property, including equipment and components. [1986 c 231
§ 3.]
82.08.0296 Exemptions—Sales of feed consumed by
livestock at a public livestock market. The tax levied by
RCW 82.08.020 shall not apply to sales of feed consumed
by livestock at a public livestock market. [1986 c 265 § 1.]
(2002 Ed.)
Retail Sales Tax
82.08.0297 Exemptions—Sales of food purchased
with food stamps. The tax levied by RCW 82.08.020 shall
not apply to sales of eligible foods which are purchased with
coupons issued under the food stamp act of 1977 or food
stamp or coupon benefits transferred electronically, notwithstanding anything to the contrary in RCW 82.08.0293.
When a purchase of eligible foods is made with a
combination of coupons issued under the food stamp act of
1977 or food stamp or coupon benefits transferred electronically and cash, check, or similar payment, the cash, check,
or similar payment shall be applied first to food products
exempt from tax under RCW 82.08.0293 whenever possible.
As used in this section, "eligible foods" shall have the
same meaning as that established under federal law for
purposes of the food stamp act of 1977. [1998 c 79 § 18;
1987 c 28 § 1.]
Effective date—1987 c 28: "This act shall take effect October 1,
1987." [1987 c 28 § 3.]
82.08.0298 Exemptions—Sales of diesel fuel for use
in operating watercraft in commercial deep sea fishing or
commercial passenger fishing boat operations outside the
state. The tax levied by RCW 82.08.020 shall not apply to
sales of diesel fuel for use in the operation of watercraft in
commercial deep sea fishing operations or commercial
passenger fishing boat operations by persons who are regularly engaged in the business of commercial deep sea fishing
or commercial passenger fishing boat operations outside the
territorial waters of this state.
For purposes of this section, a person is not regularly
engaged in the business of commercial deep sea fishing or
the operation of a commercial passenger fishing boat if the
person has gross receipts from these operations of less than
five thousand dollars a year. [1987 c 494 § 1.]
82.08.0299 Exemptions—Emergency lodging for
homeless persons—Conditions. (1) The tax levied by
RCW 82.08.020 shall not apply to emergency lodging
provided for homeless persons for a period of less than thirty
consecutive days under a shelter voucher program administered by an eligible organization.
(2) For the purposes of this exemption, an eligible
organization includes only cities, towns, and counties, or
their respective agencies, and groups providing emergency
food and shelter services. [1988 c 61 § 1.]
Effective date—1988 c 61: "This act shall take effect July 1, 1988."
[1988 c 61 § 4.]
82.08.031 Exemptions—Sales to artistic or cultural
organizations of certain objects acquired for exhibition or
presentation. The tax levied by RCW 82.08.020 shall not
apply to sales to artistic or cultural organizations of objects
which are acquired for the purpose of exhibition or presentation to the general public if the objects are:
(1) Objects of art;
(2) Objects of cultural value;
(3) Objects to be used in the creation of a work of art,
other than tools; or
(4) Objects to be used in displaying art objects or
presenting artistic or cultural exhibitions or performances.
[1981 c 140 § 4.]
(2002 Ed.)
82.08.0297
"Artistic or cultural organization" defined: RCW 82.04.4328.
82.08.0311 Exemptions—Sales of materials and
supplies used in packing horticultural products. The tax
levied by RCW 82.08.020 shall not apply to sales of materials and supplies directly used in the packing of fresh
perishable horticultural products by any person entitled to a
deduction under RCW 82.04.4287 either as an agent or an
independent contractor. [1988 c 68 § 1.]
82.08.0315 Exemptions—Rentals or sales related to
motion picture or video productions—Exceptions—
Certificate. (1) As used in this section:
(a) "Production equipment" means the following when
used in motion picture or video production or
postproduction: Grip and lighting equipment, cameras,
camera mounts including tripods, jib arms, steadicams, and
other camera mounts, cranes, dollies, generators, helicopter
mounts, helicopters rented for motion picture or video
production, walkie talkies, vans, trucks, and other vehicles
specifically equipped for motion picture or video production
or used solely for production activities, wardrobe and
makeup trailers, special effects and stunt equipment, video
assists, videotape recorders, cables and connectors,
telepromoters [teleprompters], sound recording equipment,
and editorial equipment.
(b) "Production services" means motion picture and
video processing, printing, editing, duplicating, animation,
graphics, special effects, negative cutting, conversions to
other formats or media, stock footage, sound mixing, rerecording, sound sweetening, sound looping, sound effects, and
automatic dialog replacement.
(c) "Motion picture or video production business" means
a person engaged in the production of motion pictures and
video tapes for exhibition, sale, or for broadcast by a person
other than the person producing the motion picture or video
tape.
(2) The tax levied by RCW 82.08.020 does not apply to
the rental of production equipment, or the sale of production
services, to a motion picture or video production business.
(3) The exemption provided for in this section shall not
apply to rental of production equipment, or the sale of
production services, to a motion picture or video production
business that is engaged, to any degree, in the production of
erotic material, as defined in RCW 9.68.050.
(4) In order to claim an exemption under this section,
the purchaser must provide the seller with an exemption
certificate in a form and manner prescribed by the department. The seller shall retain a copy of the certificate for the
seller’s files. [1997 c 61 § 1; 1995 2nd sp.s. c 5 § 1.]
Effective date—1995 2nd sp.s. c 5: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 5 § 3.]
82.08.0316 Exemptions—Sales of cigarettes by
Indian retailer under cigarette tax contracts. The tax
levied by RCW 82.08.020 does not apply to sales of cigarettes by an Indian retailer during the effective period of a
cigarette tax contract subject to RCW 43.06.455. [2001 c
235 § 4.]
Intent—Finding—2001 c 235: See RCW 43.06.450.
[Title 82 RCW—page 67]
82.08.032
Title 82 RCW: Excise Taxes
82.08.032 Exemption—Sales, rental, or lease of used
park model trailers. The tax imposed by RCW 82.08.020
shall not apply to:
(1) Sales of used park model trailers, as defined in
RCW 82.45.032;
(2) The renting or leasing of used park model trailers,
as defined in RCW 82.45.032, when the rental agreement or
lease exceeds thirty days in duration. [2001 c 282 § 3.]
Intent—2001 c 282: "It is the intent of the legislature to promote
fairness in the application of tax. Therefore, for the purposes of excise tax,
park model trailers will be taxed in the same manner as mobile homes."
[2001 c 282 § 1.]
Effective date—2001 c 282: "This act takes effect August 1, 2001."
[2001 c 282 § 5.]
82.08.033 Exemptions—Sales of used mobile homes
or rental or lease of mobile homes. The tax imposed by
RCW 82.08.020 shall not apply to:
(1) Sales of used mobile homes as defined in RCW
82.45.032.
(2) The renting or leasing of mobile homes if the rental
agreement or lease exceeds thirty days in duration and if the
rental or lease of such mobile home is not conducted jointly
with the provision of short-term lodging for transients.
[1986 c 211 § 2; 1979 ex.s. c 266 § 3.]
82.08.034 Exemptions—Sales of used floating homes
or rental or lease of used floating homes. The tax
imposed by RCW 82.08.020 shall not apply to:
(1) Sales of used floating homes, as defined in RCW
82.45.032;
(2) The renting or leasing of used floating homes, as
defined in RCW 82.45.032, when the rental agreement or
lease exceeds thirty days in duration. [1984 c 192 § 3.]
82.08.035 Exemption for pollution control facilities.
See chapter 82.34 RCW.
82.08.036 Exemptions—Vehicle battery core
deposits or credits—Replacement vehicle tire fees—"Core
deposits or credits" defined. The tax levied by RCW
82.08.020 shall not apply to consideration: (1) Received as
core deposits or credits in a retail or wholesale sale; or (2)
received or collected upon the sale of a new replacement
vehicle tire as a fee imposed under RCW 70.95.510. For
purposes of this section, the term "core deposits or credits"
means the amount representing the value of returnable
products such as batteries, starters, brakes, and other products with returnable value added for the purpose of recycling
or remanufacturing. [1989 c 431 § 45.]
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
82.08.037 Credits and refunds—Debts deductible as
worthless. A seller is entitled to a credit or refund for sales
taxes previously paid on debts which are deductible as
worthless for federal income tax purposes. [1982 1st ex.s.
c 35 § 35.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
[Title 82 RCW—page 68]
82.08.040 Consignee, factor, bailee, auctioneer
deemed seller. Every consignee, bailee, factor, or auctioneer authorized, engaged, or employed to sell or call for bids
on tangible personal property belonging to another, and so
selling or calling, shall be deemed the seller of such tangible
personal property within the meaning of this chapter and all
sales made by such persons are subject to its provisions even
though the sale would have been exempt from tax hereunder
had it been made directly by the owner of the property sold.
Every consignee, bailee, factor, or auctioneer shall collect
and remit the amount of tax due under this chapter with
respect to sales made or called by him: PROVIDED, That
if the owner of the property sold is engaged in the business
of selling tangible personal property in this state the tax
imposed under this chapter may be remitted by such owner
under such rules and regulations as the department of
revenue shall prescribe. [1975 1st ex.s. c 278 § 46; 1961 c
15 § 82.08.040. Prior: 1939 c 225 § 8; 1935 c 180 § 18;
RRS § 8370-18.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.08.050 Buyer to pay, seller to collect tax—
Statement of tax—Exception—Penalties. The tax hereby
imposed shall be paid by the buyer to the seller, and each
seller shall collect from the buyer the full amount of the tax
payable in respect to each taxable sale in accordance with
the schedule of collections adopted by the department
pursuant to the provisions of RCW 82.08.060. The tax
required by this chapter, to be collected by the seller, shall
be deemed to be held in trust by the seller until paid to the
department, and any seller who appropriates or converts the
tax collected to his or her own use or to any use other than
the payment of the tax to the extent that the money required
to be collected is not available for payment on the due date
as prescribed in this chapter shall be guilty of a gross
misdemeanor.
In case any seller fails to collect the tax herein imposed
or having collected the tax, fails to pay it to the department
in the manner prescribed by this chapter, whether such
failure is the result of his or her own acts or the result of
acts or conditions beyond his or her control, he or she shall,
nevertheless, be personally liable to the state for the amount
of the tax, unless the seller has taken from the buyer in good
faith a properly executed resale certificate under RCW
82.04.470 or a copy of a direct pay permit issued under
RCW 82.32.087.
The amount of tax, until paid by the buyer to the seller
or to the department, shall constitute a debt from the buyer
to the seller and any seller who fails or refuses to collect the
tax as required with intent to violate the provisions of this
chapter or to gain some advantage or benefit, either direct or
indirect, and any buyer who refuses to pay any tax due
under this chapter shall be guilty of a misdemeanor. The tax
required by this chapter to be collected by the seller shall be
stated separately from the selling price in any sales invoice
or other instrument of sale. On all retail sales through
vending machines, the tax need not be stated separately from
the selling price or collected separately from the buyer. For
purposes of determining the tax due from the buyer to the
seller and from the seller to the department it shall be conclusively presumed that the selling price quoted in any price
(2002 Ed.)
Retail Sales Tax
list, sales document, contract or other agreement between the
parties does not include the tax imposed by this chapter, but
if the seller advertises the price as including the tax or that
the seller is paying the tax, the advertised price shall not be
considered the selling price.
Where a buyer has failed to pay to the seller the tax
imposed by this chapter and the seller has not paid the
amount of the tax to the department, the department may, in
its discretion, proceed directly against the buyer for collection of the tax, in which case a penalty of ten percent may
be added to the amount of the tax for failure of the buyer to
pay the same to the seller, regardless of when the tax may
be collected by the department; and all of the provisions of
chapter 82.32 RCW, including those relative to interest and
penalties, shall apply in addition; and, for the sole purpose
of applying the various provisions of chapter 82.32 RCW,
the twenty-fifth day of the month following the tax period in
which the purchase was made shall be considered as the due
date of the tax. [2001 c 188 § 4; 1993 sp.s. c 25 § 704;
1992 c 206 § 2; 1986 c 36 § 1; 1985 c 38 § 1; 1971 ex.s. c
299 § 7; 1965 ex.s. c 173 § 15; 1961 c 15 § 82.08.050. Prior: 1951 c 44 § 1; 1949 c 228 § 6; 1941 c 71 § 3; 1939 c
225 § 11; 1937 c 227 § 7; 1935 c 180 § 21; Rem. Supp.
1949 § 8370-21.]
Finding—Intent—Effective date—2001 c 188: See notes following
RCW 82.32.087.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective date—1992 c 206: See note following RCW 82.04.170.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
Project on exemption reporting requirements: RCW 82.32.440.
82.08.055 Advertisement of price. A seller may
advertise the price as including the tax or that the seller is
paying the tax, subject to the following conditions:
(1) Unless the advertised price is one in a listed series,
the words "tax included" are stated immediately following
the advertised price and in print size at least half as large as
the advertised price;
(2) If the advertised prices are listed in a series, the
words "tax included in all prices" are placed conspicuously
at the head of the list and in the same print size as the
advertised prices;
(3) If a price is advertised as "tax included," the price
listed on any price tag shall be shown in the same manner;
and
(4) All advertised prices and the words "tax included"
are stated in the same medium, be it oral or visual, and if
oral, in substantially the same inflection and volume. [1985
c 38 § 2.]
82.08.060 Collection of tax—Methods and schedules. The department of revenue shall have power to adopt
rules and regulations prescribing methods and schedules for
the collection of the tax required to be collected by the seller
from the buyer under this chapter. The methods and
schedules prescribed shall be adopted so as to eliminate the
collection of fractions of one cent and so as to provide that
the aggregate collections of all taxes by the seller shall,
insofar as practicable, equal the amount of tax imposed by
(2002 Ed.)
82.08.050
this chapter. Such schedules may provide that no tax need
be collected from the buyer upon sales below a stated sum
and may be amended from time to time to accomplish the
purposes set forth herein. [1975 1st ex.s. c 278 § 47; 1961
c 15 § 82.08.060. Prior: 1951 c 44 § 2; 1941 c 76 § 4;
1935 c 180 § 22; Rem. Supp. 1941 § 8370-22.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.08.064 Tax rate change. A sales and use tax rate
change under this chapter or chapter 82.12 RCW shall be
imposed (1) no sooner than seventy-five days after its enactment into law and (2) only on the first day of January, April,
July, or October. [2000 c 104 § 3.]
Findings—Intent—Effective date—2000 c 104: See notes following
RCW 82.14.055.
82.08.066 Deemed location for mobile telecommunications services. (Contingent expiration date.) For the
purposes of this chapter, mobile telecommunications services
are deemed to have occurred at the customer’s place of
primary use, regardless of where the mobile telecommunications services originate, terminate, or pass through, consistent
with the mobile telecommunications sourcing act, P.L. 106252, 4 U.S.C. Secs. 116 through 126. The definitions in
RCW 82.04.065 apply to this section. [2002 c 67 § 5.]
Finding—Continency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
82.08.080 Vending machine and other sales. The
department of revenue may authorize a seller to pay the tax
levied under this chapter upon sales made under conditions
of business such as to render impracticable the collection of
the tax as a separate item and waive collection of the tax
from the customer. Where sales are made by receipt of a
coin or coins dropped into a receptacle that results in
delivery of the merchandise in single purchases of smaller
value than the minimum sale upon which a one cent tax may
be collected from the purchaser, according to the schedule
provided by the department under authority of RCW
82.08.060, and where the design of the sales device is such
that multiple sales of items are not possible or cannot be
detected so as practically to assess a tax, in such a case the
selling price for the purposes of the tax imposed under RCW
82.08.020 shall be sixty percent of the gross receipts of the
vending machine through which such sales are made. No
such authority shall be granted except upon application to
the department and unless the department, after hearing,
finds that the conditions of the applicant’s business are such
as to render impracticable the collection of the tax in the
manner otherwise provided. The department, by regulation,
may provide that the applicant, under this section, furnish a
proper bond sufficient to secure the payment of the tax.
[1986 c 36 § 2; 1975 1st ex.s. c 278 § 48; 1963 c 244 § 2;
1961 c 15 § 82.08.080. Prior: 1937 c 227 § 8; 1935 c 180
§ 24; RRS § 8370-24.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.08.090 Installment sales and leases. In the case
of installment sales and leases of personal property, the
[Title 82 RCW—page 69]
82.08.090
Title 82 RCW: Excise Taxes
department of revenue, by regulation, may provide for the
collection of taxes upon the installments of the purchase
price, or amount of rental, as of the time the same fall due.
[1975 1st ex.s. c 278 § 49; 1961 c 15 § 82.08.090. Prior:
1959 ex.s. c 3 § 8; 1959 c 197 § 4; prior: 1941 c 178 § 9,
part; 1939 c 225 § 12, part; 1935 c 180 § 25, part; Rem.
Supp. 1941 § 8370-25, part.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.08.100 Tax may be paid on cash receipts basis if
books are so kept—Exemption for debts deductible as
worthless. The department of revenue, by general regulation, shall provide that a taxpayer whose regular books of
account are kept on a cash receipts basis may file returns
based upon his cash receipts for each reporting period and
pay the tax herein provided upon such basis in lieu of reporting and paying the tax on all sales made during such period.
A taxpayer filing returns on a cash receipts basis is not
required to pay such tax on debts which are deductible as
worthless for federal income tax purposes. [1982 1st ex.s.
c 35 § 37; 1975 1st ex.s. c 278 § 50; 1961 c 15 § 82.08.100.
Prior: 1959 ex.s. c 3 § 9; 1959 c 197 § 5; prior: 1941 c
178 § 9, part; 1939 c 225 § 12, part; 1935 c 180 § 25, part;
Rem. Supp. 1941 § 8370-25, part.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.08.110 Sales from vehicles. In the case of a
person who has no fixed place of business and sells from
one or more vehicles, each such vehicle shall constitute a
"place of business" within the meaning of chapter 82.32
RCW. [1961 c 15 § 82.08.110. Prior: 1935 c 180 § 26;
RRS § 8370-26.]
82.08.120 Refunding or rebating of tax by seller
prohibited—Penalty. Whoever, excepting as expressly
authorized by this chapter, refunds, remits, or rebates to a
buyer, either directly or indirectly and by whatever means,
all or any part of the tax levied by this chapter shall be
guilty of a misdemeanor. The violation of this section by
any person holding a license granted by the state or any
political subdivision thereof shall be sufficient grounds for
the cancellation of the license of such person upon written
notification by the department of revenue to the proper
officer of the department granting the license that such
person has violated the provisions of this section. Before
any license shall be canceled hereunder, the licensee shall be
entitled to a hearing before the department granting the
license under such regulations as the department may
prescribe. [1985 c 38 § 4; 1975 1st ex.s. c 278 § 51; 1961
c 15 § 82.08.120. Prior: 1939 c 225 § 13; 1935 c 180 § 27;
RRS § 8370-27.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.08.130 Resale certificate—Purchase and resale—
Rules. If a buyer normally is engaged in both consuming
and reselling certain types of articles of tangible personal
[Title 82 RCW—page 70]
property and is not able to determine at the time of purchase
whether the particular property acquired will be consumed or
resold, the buyer may use a resale certificate for the entire
purchase if the buyer principally resells the articles according
to the general nature of the buyer’s business. The buyer
shall account for the value of any articles purchased with a
resale certificate that are used by the buyer and remit the
sales tax on the articles to the department.
A buyer who pays a tax on all purchases and subsequently resells an article at retail, without intervening use by
the buyer, shall collect the tax from the purchaser as
otherwise provided by law and is entitled to a deduction on
the buyer’s tax return equal to the cost to the buyer of the
property resold upon which retail sales tax has been paid.
The deduction is allowed only if the taxpayer keeps and
preserves records that show the names of the persons from
whom the articles were purchased, the date of the purchase,
the type of articles, the amount of the purchase, and the tax
that was paid. The department shall provide by rule for the
refund or credit of retail sales tax paid by a buyer for purchases that are later sold at wholesale without intervening
use by the buyer. [1993 sp.s. c 25 § 702.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Resale certificates: RCW 82.04.470 and 82.32.291.
82.08.140 Administration. The provisions of RCW
82.04.470 and all of the provisions of chapter 82.32 RCW
shall have full force and application with respect to taxes
imposed under the provisions of this chapter. [1961 c 15 §
82.08.140. Prior: 1935 c 180 § 30; RRS § 8370-30.]
82.08.150 Tax on certain sales of intoxicating
liquors—Additional taxes for specific purposes—
Collection. (1) There is levied and shall be collected a tax
upon each retail sale of spirits, or strong beer in the original
package at the rate of fifteen percent of the selling price.
The tax imposed in this subsection shall apply to all such
sales including sales by the Washington state liquor stores
and agencies, but excluding sales to spirits, beer, and wine
restaurant licensees.
(2) There is levied and shall be collected a tax upon
each sale of spirits, or strong beer in the original package at
the rate of ten percent of the selling price on sales by
Washington state liquor stores and agencies to spirits, beer,
and wine restaurant licensees.
(3) There is levied and shall be collected an additional
tax upon each retail sale of spirits in the original package at
the rate of one dollar and seventy-two cents per liter. The
additional tax imposed in this subsection shall apply to all
such sales including sales by Washington state liquor stores
and agencies, and including sales to spirits, beer, and wine
restaurant licensees.
(4) An additional tax is imposed equal to fourteen
percent multiplied by the taxes payable under subsections
(1), (2), and (3) of this section.
(5) An additional tax is imposed upon each retail sale of
spirits in the original package at the rate of seven cents per
liter. The additional tax imposed in this subsection shall
apply to all such sales including sales by Washington state
liquor stores and agencies, and including sales to spirits,
(2002 Ed.)
Retail Sales Tax
beer, and wine restaurant licensees. All revenues collected
during any month from this additional tax shall be deposited
in the violence reduction and drug enforcement account
under RCW 69.50.520 by the twenty-fifth day of the
following month.
(6)(a) An additional tax is imposed upon retail sale of
spirits in the original package at the rate of one and seventenths percent of the selling price through June 30, 1995,
two and six-tenths percent of the selling price for the period
July 1, 1995, through June 30, 1997, and three and fourtenths of the selling price thereafter. This additional tax
applies to all such sales including sales by Washington state
liquor stores and agencies, but excluding sales to spirits,
beer, and wine restaurant licensees.
(b) An additional tax is imposed upon retail sale of
spirits in the original package at the rate of one and onetenth percent of the selling price through June 30, 1995, one
and seven-tenths percent of the selling price for the period
July 1, 1995, through June 30, 1997, and two and threetenths of the selling price thereafter. This additional tax
applies to all such sales to spirits, beer, and wine restaurant
licensees.
(c) An additional tax is imposed upon each retail sale of
spirits in the original package at the rate of twenty cents per
liter through June 30, 1995, thirty cents per liter for the
period July 1, 1995, through June 30, 1997, and forty-one
cents per liter thereafter. This additional tax applies to all
such sales including sales by Washington state liquor stores
and agencies, and including sales to spirits, beer, and wine
restaurant licensees.
(d) All revenues collected during any month from
additional taxes under this subsection shall be deposited in
the health services account created under RCW 43.72.900 by
the twenty-fifth day of the following month.
(7) The tax imposed in RCW 82.08.020 shall not apply
to sales of spirits or strong beer in the original package.
(8) The taxes imposed in this section shall be paid by
the buyer to the seller, and each seller shall collect from the
buyer the full amount of the tax payable in respect to each
taxable sale under this section. The taxes required by this
section to be collected by the seller shall be stated separately
from the selling price and for purposes of determining the
tax due from the buyer to the seller, it shall be conclusively
presumed that the selling price quoted in any price list does
not include the taxes imposed by this section.
(9) As used in this section, the terms, "spirits," "strong
beer," and "package" shall have the meaning ascribed to
them in chapter 66.04 RCW. [1998 c 126 § 16; 1997 c 321
§ 55; 1994 sp.s. c 7 § 903 (Referendum Bill No. 43,
approved November 8, 1994); 1993 c 492 § 310; 1989 c 271
§ 503; 1983 2nd ex.s. c 3 § 12; 1982 1st ex.s. c 35 § 3;
1981 1st ex.s. c 5 § 25; 1973 1st ex.s. c 204 § 1; 1971 ex.s.
c 299 § 9; 1969 ex.s. c 21 § 11; 1965 ex.s. c 173 § 16; 1965
c 42 § 1; 1961 ex.s. c 24 § 2; 1961 c 15 § 82.08.150. Prior:
1959 ex.s. c 5 § 9; 1957 c 279 § 4; 1955 c 396 § 1; 1953 c
91 § 5; 1951 2nd ex.s. c 28 § 5.]
Effective date—1998 c 126: See note following RCW 66.20.010.
Effective date—1997 c 321: See note following RCW 66.24.010.
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See
note following RCW 66.24.210.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
(2002 Ed.)
82.08.150
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW
66.98.090 and 66.98.100.
Effective date—1973 1st ex.s. c 204: "This 1973 amendatory act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, and shall take effect the first day of July, 1973." [1973 1st ex.s. c
204 § 4.]
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
Effective date—1969 ex.s. c 21: See note following RCW 64.04.010.
82.08.160 Remittance of tax—Liquor excise tax
fund created. On or before the twenty-fifth day of each
month, all taxes collected under RCW 82.08.150 during the
preceding month shall be remitted to the state department of
revenue, to be deposited with the state treasurer. Upon
receipt of such moneys the state treasurer shall credit sixtyfive percent of the sums collected and remitted under RCW
82.08.150 (1) and (2) and one hundred percent of the sums
collected and remitted under RCW 82.08.150 (3) and (4) to
the state general fund and thirty-five percent of the sums
collected and remitted under RCW 82.08.150 (1) and (2) to
a fund which is hereby created to be known as the "liquor
excise tax fund." [1982 1st ex.s. c 35 § 4; 1981 1st ex.s. c
5 § 26; 1969 ex.s. c 21 § 12; 1961 c 15 § 82.08.160. Prior:
1955 c 396 § 2.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Severability—Effective date—1981 1st ex.s. c 5: See RCW
66.98.090 and 66.98.100.
Effective date—1969 ex.s. c 21: See note following RCW 66.04.010.
82.08.170 Apportionment and distribution from
liquor excise tax fund. (1) During the months of January,
April, July and October of each year, the state treasurer shall
make the apportionment and distribution of all moneys in the
liquor excise tax fund to the counties, cities and towns in the
following proportions: (a) Twenty percent of the moneys in
the liquor excise tax fund shall be divided among and
distributed to the counties of the state in accordance with the
provisions of RCW 66.08.200; and (b) eighty percent of the
moneys in the liquor excise tax fund shall be divided among
and distributed to the cities and towns of the state in
accordance with the provisions of RCW 66.08.210.
(2) Each fiscal quarter and prior to making the twenty
percent distribution to counties under subsection (1)(a) of
this section, the treasurer shall transfer to the county research
services account under RCW 43.110.050 sufficient moneys
to fund the allotments from any legislative appropriations
from the county research services account. [2002 c 38 § 3;
1997 c 437 § 4; 1983 c 3 § 215; 1961 c 15 § 82.08.170.
Prior: 1955 c 396 § 3.]
Effective date—1997 c 437: See note following RCW 43.110.010.
[Title 82 RCW—page 71]
82.08.180
Title 82 RCW: Excise Taxes
82.08.180 Apportionment and distribution from
liquor excise tax fund—Withholding for noncompliance.
The governor may notify and direct the state treasurer to
withhold the revenues to which the counties, cities, and
towns are entitled under RCW 82.08.170 if the counties,
cities, or towns are found to be in noncompliance pursuant
to RCW 36.70A.340. [1991 sp.s. c 32 § 36.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
82.08.810 Exemptions—Air pollution control
facilities at a thermal electric generation facility—
Exceptions—Exemption certificate—Payments on cessation of operation. (1) For the purposes of this section, "air
pollution control facilities" mean any treatment works,
control devices and disposal systems, machinery, equipment,
structures, property, property improvements, and accessories,
that are installed or acquired for the primary purpose of
reducing, controlling, or disposing of industrial waste that, if
released to the outdoor atmosphere, could cause air pollution,
or that are required to meet regulatory requirements applicable to their construction, installation, or operation.
(2) The tax levied by RCW 82.08.020 does not apply to:
(a) Sales of tangible personal property to a light and
power business, as defined in RCW 82.16.010, for construction or installation of air pollution control facilities at a
thermal electric generation facility; or
(b) Sales of, cost of, or charges made for labor and
services performed in respect to the construction or installation of air pollution control facilities.
(3) The exemption provided under this section applies
only to sales, costs, or charges:
(a) Incurred for air pollution control facilities constructed or installed after May 15, 1997, and used in a thermal
electric generation facility placed in operation after December 31, 1969, and before July 1, 1975;
(b) If the air pollution control facilities are constructed
or installed to meet applicable regulatory requirements
established under state or federal law, including the Washington clean air act, chapter 70.94 RCW; and
(c) For which the purchaser provides the seller with an
exemption certificate, signed by the purchaser or purchaser’s
agent, that includes a description of items or services for
which payment is made, the amount of the payment, and
such additional information as the department reasonably
may require.
(4) This section does not apply to sales of tangible
personal property purchased or to sales of, costs of, or
charges made for labor and services used for maintenance or
repairs of pollution control equipment.
(5) If production of electricity at a thermal electric
generation facility for any calendar year after 2002 and
before 2023 falls below a twenty percent annual capacity
factor for the generation facility, all or a portion of the tax
previously exempted under this section in respect to construction or installation of air pollution control facilities at
the generation facility shall be due as follows:
Year event occurs
2003
2004
2005
[Title 82 RCW—page 72]
Portion of previously
exempted tax due
100%
95%
90%
2006
2007
2008
2009
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
85%
80%
75%
70%
65%
60%
55%
50%
45%
40%
35%
30%
25%
20%
15%
10%
5%
0%
(6) RCW 82.32.393 applies to this section. [1997 c 368
§ 2.]
Findings—Intent—1997 c 368: "(1) The legislature finds that:
(a) Thermal electric generation facilities play an important role in
providing jobs for residents of the communities where such plants are
located; and
(b) Taxes paid by thermal electric generation facilities help to support
schools and local and state government operations.
(2) It is the intent of the legislature to assist thermal electric generation facilities placed in operation after December 31, 1969, and before July
1, 1975, to update their air pollution control equipment and abate pollution
by extending certain tax exemptions and credits so that such plants may
continue to play a long-term vital economic role in the communities where
they are located." [1997 c 368 § 1.]
Rules adoption—1997 c 368: "The department of revenue and the
department of ecology may adopt rules to implement this act." [1997 c 368
§ 15.]
Severability—1997 c 368: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 368 § 16.]
Effective date—1997 c 368: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 15, 1997]." [1997 c 368 § 17.]
82.08.811 Exemptions—Coal used at coal-fired
thermal electric generation facility—Application—
Demonstration of progress in air pollution control—
Notice of emissions violations—Reapplication—Payments
on cessation of operation. (1) For the purposes of this section:
(a) "Air pollution control facilities" means any treatment
works, control devices and disposal systems, machinery,
equipment, structure, property, property improvements, and
accessories, that are installed or acquired for the primary
purpose of reducing, controlling, or disposing of industrial
waste that, if released to the outdoor atmosphere, could
cause air pollution, or that are required to meet regulatory
requirements applicable to their construction, installation, or
operation; and
(b) "Generation facility" means a coal-fired thermal
electric generation facility placed in operation after December 3, 1969, and before July 1, 1975.
(2) Beginning January 1, 1999, the tax levied by RCW
82.08.020 does not apply to sales of coal used to generate
(2002 Ed.)
Retail Sales Tax
electric power at a generation facility operated by a business
if the following conditions are met:
(a) The owners must make an application to the department of revenue for a tax exemption;
(b) The owners must make a demonstration to the
department of ecology that the owners have made reasonable
initial progress to install air pollution control facilities to
meet applicable regulatory requirements established under
state or federal law, including the Washington clean air act,
chapter 70.94 RCW;
(c) Continued progress must be made on the development of air pollution control facilities to meet the requirements of the permit; and
(d) The generation facility must emit no more than ten
thousand tons of sulfur dioxide during a previous consecutive twelve-month period.
(3) During a consecutive twelve-month period, if the
generation facility is found to be in violation of excessive
sulfur dioxide emissions from a regional air pollution control
authority or the department of ecology, the department of
ecology shall notify the department of revenue and the owners of the generation facility shall lose their tax exemption
under this section. The owners of a generation facility may
reapply for the tax exemption when they have once again
met the conditions of subsection (2)(d) of this section.
(4) RCW 82.32.393 applies to this section. [1997 c 368
§ 4.]
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
82.08.820 Exemptions—Remittance—Warehouse
and grain elevators and distribution centers—Materialhandling and racking equipment—Construction of
warehouse or elevator—Information sheet—Rules—
Records—Exceptions. (1) Wholesalers or third-party warehousers who own or operate warehouses or grain elevators
and retailers who own or operate distribution centers, and
who have paid the tax levied by RCW 82.08.020 on:
(a) Material-handling and racking equipment, and labor
and services rendered in respect to installing, repairing,
cleaning, altering, or improving the equipment; or
(b) Construction of a warehouse or grain elevator,
including materials, and including service and labor costs,
are eligible for an exemption in the form of a remittance.
The amount of the remittance is computed under subsection
(3) of this section and is based on the state share of sales
tax.
(2) For purposes of this section and RCW 82.12.820:
(a) "Agricultural products" has the meaning given in
RCW 82.04.213;
(b) "Construction" means the actual construction of a
warehouse or grain elevator that did not exist before the
construction began. "Construction" includes expansion if the
expansion adds at least two hundred thousand square feet of
additional space to an existing warehouse or additional
storage capacity of at least one million bushels to an existing
grain elevator. "Construction" does not include renovation,
remodeling, or repair;
(c) "Department" means the department of revenue;
(d) "Distribution center" means a warehouse that is used
exclusively by a retailer solely for the storage and distribution of finished goods to retail outlets of the retailer.
(2002 Ed.)
82.08.811
"Distribution center" does not include a warehouse at which
retail sales occur;
(e) "Finished goods" means tangible personal property
intended for sale by a retailer or wholesaler. "Finished
goods" does not include agricultural products stored by
wholesalers, third-party warehouses, or retailers if the storage
takes place on the land of the person who produced the agricultural product. "Finished goods" does not include logs,
minerals, petroleum, gas, or other extracted products stored
as raw materials or in bulk;
(f) "Grain elevator" means a structure used for storage
and handling of grain in bulk;
(g) "Material-handling equipment and racking equipment" means equipment in a warehouse or grain elevator that
is primarily used to handle, store, organize, convey, package,
or repackage finished goods. The term includes tangible
personal property with a useful life of one year or more that
becomes an ingredient or component of the equipment,
including repair and replacement parts. The term does not
include equipment in offices, lunchrooms, restrooms, and
other like space, within a warehouse or grain elevator, or
equipment used for nonwarehousing purposes. "Materialhandling equipment" includes but is not limited to: Conveyers, carousels, lifts, positioners, pick-up-and-place units,
cranes, hoists, mechanical arms, and robots; mechanized
systems, including containers that are an integral part of the
system, whose purpose is to lift or move tangible personal
property; and automated handling, storage, and retrieval systems, including computers that control them, whose purpose
is to lift or move tangible personal property; and forklifts
and other off-the-road vehicles that are used to lift or move
tangible personal property and that cannot be operated
legally on roads and streets. "Racking equipment" includes,
but is not limited to, conveying systems, chutes, shelves,
racks, bins, drawers, pallets, and other containers and storage
devices that form a necessary part of the storage system;
(h) "Person" has the meaning given in RCW 82.04.030;
(i) "Retailer" means a person who makes "sales at
retail" as defined in chapter 82.04 RCW of tangible personal
property;
(j) "Square footage" means the product of the two
horizontal dimensions of each floor of a specific warehouse.
The entire footprint of the warehouse shall be measured in
calculating the square footage, including space that juts out
from the building profile such as loading docks. "Square
footage" does not mean the aggregate of the square footage
of more than one warehouse at a location or the aggregate of
the square footage of warehouses at more than one location;
(k) "Third-party warehouser" means a person taxable
under RCW 82.04.280(4);
(l) "Warehouse" means an enclosed building or structure
in which finished goods are stored. A warehouse building
or structure may have more than one storage room and more
than one floor. Office space, lunchrooms, restrooms, and
other space within the warehouse and necessary for the
operation of the warehouse are considered part of the
warehouse as are loading docks and other such space
attached to the building and used for handling of finished
goods. Landscaping and parking lots are not considered part
of the warehouse. A storage yard is not a warehouse, nor is
a building in which manufacturing takes place; and
[Title 82 RCW—page 73]
82.08.820
Title 82 RCW: Excise Taxes
(m) "Wholesaler" means a person who makes "sales at
wholesale" as defined in chapter 82.04 RCW of tangible
personal property, but "wholesaler" does not include a person
who makes sales exempt under 82.04.330.
(3)(a) A person claiming an exemption from state tax in
the form of a remittance under this section must pay the tax
imposed by RCW 82.08.020. The buyer may then apply to
the department for remittance of all or part of the tax paid
under RCW 82.08.020. For grain elevators with bushel
capacity of one million but less than two million, the
remittance is equal to fifty percent of the amount of tax paid.
For warehouses with square footage of two hundred thousand or more and for grain elevators with bushel capacity of
two million or more, the remittance is equal to one hundred
percent of the amount of tax paid for qualifying construction,
materials, service, and labor, and fifty percent of the amount
of tax paid for qualifying material-handling equipment and
racking equipment, and labor and services rendered in
respect to installing, repairing, cleaning, altering, or improving the equipment.
(b) The department shall determine eligibility under this
section based on information provided by the buyer and
through audit and other administrative records. The buyer
shall on a quarterly basis submit an information sheet, in a
form and manner as required by the department by rule,
specifying the amount of exempted tax claimed and the
qualifying purchases or acquisitions for which the exemption
is claimed. The buyer shall retain, in adequate detail to
enable the department to determine whether the equipment
or construction meets the criteria under this section: Invoices; proof of tax paid; documents describing the materialhandling equipment and racking equipment; location and size
of warehouses and grain elevators; and construction invoices
and documents.
(c) The department shall on a quarterly basis remit
exempted amounts to qualifying persons who submitted
applications during the previous quarter.
(4) Warehouses, grain elevators, and material-handling
equipment and racking equipment for which an exemption,
credit, or deferral has been or is being received under
chapter 82.60, 82.61, 82.62, or 82.63 RCW or RCW
82.08.02565 or 82.12.02565 are not eligible for any remittance under this section. Warehouses and grain elevators
upon which construction was initiated before May 20, 1997,
are not eligible for a remittance under this section.
(5) The lessor or owner of a warehouse or grain elevator
is not eligible for a remittance under this section unless the
underlying ownership of the warehouse or grain elevator and
the material-handling equipment and racking equipment vests
exclusively in the same person, or unless the lessor by written contract agrees to pass the economic benefit of the
remittance to the lessee in the form of reduced rent payments. [1997 c 450 § 2.]
Findings—Intent—1997 c 450: "The legislature finds that the state’s
overall economic health and prosperity is bolstered through tax incentives
targeted to specific industries. The warehouse and distribution industry is
critical to other businesses. The transportation sector, the retail sector, the
ports, and the wholesalers all rely on the warehouse and distribution
industry. It is the intent of the legislature to stimulate interstate trade by
providing tax incentives to those persons in the warehouse and distribution
industry engaged in highly competitive trade." [1997 c 450 § 1.]
Report—1997 c 450: "The legislative fiscal committees shall report
to the legislature by December 1, 2001, on the economic impacts of this act.
[Title 82 RCW—page 74]
This report shall analyze employment and other relevant economic data
pertaining to the tax exemptions authorized under this act and shall measure
the effect on the creation or retention of family-wage jobs and diversification of the state’s economy. The report must include the committee’s
findings on the tax incentive program’s performance in achieving its goals
and recommendations on ways to improve its effectiveness. Analytic
techniques may include, but not be limited to, comparisons of Washington
to other states that did not enact business tax changes, comparisons across
Washington counties based on usage of the tax exemptions, and comparisons across similar firms based on their use of the tax exemptions. In
performing the analysis, the legislative fiscal committees shall consult with
business and labor interests. The department of revenue, the employment
security department, and other agencies shall provide to the legislative fiscal
committees such data as the legislative fiscal committees may request in
performing the analysis required under this section." [1997 c 450 § 6.]
Effective date—1997 c 450: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 20, 1997]." [1997 c 450 § 7.]
82.08.830 Exemptions—Sales at camp or conference
center by nonprofit organization. The tax levied by RCW
82.08.020 shall not apply to a sale made at a camp or
conference center if the gross income from the sale is
exempt under RCW 82.04.363. [1997 c 388 § 2.]
Effective date—1997 c 388: See note following RCW 82.04.363.
82.08.832 Exemptions—Sales of gun safes. (1) The
tax levied by RCW 82.08.020 does not apply to sales of gun
safes.
(2) As used in this section and RCW 82.12.832, "gun
safe" means an enclosure specifically designed or modified
for the purpose of storing a firearm and equipped with a
padlock, key lock, combination lock, or similar locking
device which, when locked, prevents the unauthorized use of
the firearm. [1998 c 178 § 1.]
Effective date—1998 c 178: "This act takes effect July 1, 1998."
[1998 c 178 § 3.]
82.08.834 Exemptions—Sales/leasebacks by regional
transit authorities. The tax levied by RCW 82.08.020 does
not apply to lease amounts paid by a seller/lessee to a lessor
under a sale/leaseback agreement under RCW 81.112.300 in
respect to tangible personal property, used by the seller/lessee, or to the purchase amount paid by the lessee
pursuant to an option to purchase at the end of the lease
term, but only if the seller/lessee previously paid any tax
otherwise due under this chapter or chapter 82.12 RCW at
the time of acquisition of the tangible personal property.
[2000 2nd sp.s. c 4 § 21.]
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
82.08.840 Exemptions—Machinery, equipment, or
structures that reduce field burning. (Expires January 1,
2006.) (1) The tax levied by RCW 82.08.020 does not apply
to sales of machinery and equipment, and to services
rendered in respect to constructing structures, installing,
constructing, repairing, cleaning, decorating, altering, or
improving of structures or eligible machinery and equipment,
or to sales of tangible personal property that becomes an
ingredient or component of eligible structures or eligible
machinery and equipment, if the machinery, equipment, or
structure is used more than half of the time:
(2002 Ed.)
Retail Sales Tax
(a) For gathering, densifying, processing, handling,
storing, transporting, or incorporating straw or straw-based
products that results in a reduction in field burning of cereal
grains and field and turf grass grown for seed; or
(b) To decrease air emissions resulting from field
burning of cereal grains and field and turf grass grown for
seed.
(2) A person taking the exemption under this section
must keep records necessary for the department to verify
eligibility under this section. The exemption is available
only when the buyer provides the seller with an exemption
certificate in a form and manner prescribed by the department. The seller shall retain a copy of the certificate for the
seller’s files.
(3) The department of ecology and the department of
agriculture shall consult with the department with regard to
the information necessary for the department to administer
this section.
(4) This section expires January 1, 2006. [2000 c 40 §
2.]
Intent—2000 c 40: "It is the intent of the legislature to provide tax
exemptions and credits to encourage alternatives to the field burning of
cereal grains and field and turf grass grown for seed. The exemptions and
credits are available to farmers and to other persons engaged in activities
that make it possible to reduce field burning including persons involved in
manufacturing or marketing straw or straw-based products, or to reduce the
air emissions resulting from such burning. It is the intent of the legislature
that the exemptions and credits provided by this act apply not only to
facilities and machinery and equipment for alternatives currently available,
but also to those that may become available in the future." [2000 c 40 § 1.]
Effective date—2000 c 40: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 22, 2000]." [2000 c 40 § 6.]
82.08.850 Exemptions—Conifer seed. (1) The tax
levied by RCW 82.08.020 does not apply to the sale of
conifer seed that is immediately placed into freezer storage
operated by the seller and is: (a) Used for growing timber
outside Washington; or (b) sold to an Indian tribe or member
and is to be used for growing timber in Indian country. This
section applies only if the buyer provides the seller with an
exemption certificate in a form and manner prescribed by the
department. The seller shall retain a copy of the certificate
for the seller’s files. For the purposes of this section,
"Indian country" has the meaning given in RCW 82.24.010.
(2) If a buyer of conifer seed is normally engaged in
growing timber both within and outside Washington and is
not able to determine at the time of purchase whether the
seed acquired, or the seedlings germinated from the seed
acquired, will be used for growing timber within or outside
Washington, the buyer may defer payment of the sales tax
until it is determined that the seed, or seedlings germinated
from the seed, will be planted for growing timber in Washington. A buyer that does not pay sales tax on the purchase
of conifer seed and subsequently determines that the sale did
not qualify for the tax exemption must remit to the department the amount of sales tax that would have been paid at
the time of purchase.
(3) A buyer who pays retail sales tax on the purchase of
conifer seed and subsequently determines that the sale
qualifies for the tax exemption provided in this section is
entitled to a deduction on the buyer’s tax return equal to the
cost to the buyer of the purchased seed. The deduction is
(2002 Ed.)
82.08.840
allowed only if the buyer keeps and preserves records that
show from whom the seed was purchased, the date of the
purchase, the amount of the purchase, and the tax that was
paid. [2001 c 129 § 2.]
Finding—Intent—2001 c 129: "The legislature finds that in-state
sellers of conifer seed and persons growing customer-owned conifer seed
into seedlings are placed at a marketplace disadvantage compared to persons
doing the same activity out of state because of the unique storage and
growing requirements of conifer seed. It is the intent of the legislature to
eliminate this disadvantage by providing a limited sales tax exemption for
the sale of conifer seed to be used to grow timber outside Washington, or
sold to an Indian tribe or member to grow timber in Indian country, if upon
sale the seed is immediately placed into freezer storage operated by the
seller." [2001 c 129 § 1.]
Retroactive application—2001 c 129: "This act applies retroactively." [2001 c 129 § 4.]
82.08.860 Exemptions—Landslide area. (Expires
July 1, 2003.) (1) The tax levied by RCW 82.08.020 does
not apply to sales of labor and services rendered in respect
to:
(a) The moving of houses out of any landslide area that
has been declared as a federal disaster area;
(b) The demolition of houses located in a landslide area
that has been declared as a federal disaster area; or
(c) The removal of debris from a landslide area that has
been declared as a federal disaster area.
(2) This section expires July 1, 2003. [2001 c 113 § 1.]
Effective date—2001 c 113: "Section 1 of this act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and takes effect
immediately [April 27, 2001]." [2001 c 113 § 2.]
82.08.870 Exemptions—Motorcycles for training
programs. The tax levied by RCW 82.08.020 does not
apply to sales of motorcycles purchased for use in a motorcycle operator training and education program created under
RCW 46.20.520. [2001 c 285 § 2.]
82.08.880 Exemptions—Animal pharmaceuticals.
(1) The tax levied by RCW 82.08.020 does not apply to
sales to farmers or to veterinarians of animal pharmaceuticals
approved by the United States department of agriculture or
by the United States food and drug administration, if the
pharmaceutical is to be administered to an animal that is
raised by a farmer for the purpose of producing for sale an
agricultural product.
(2) The exemption is available only when the buyer
provides the seller with an exemption certificate in a form
and manner prescribed by the department. The seller must
retain a copy of the certificate for the seller’s files.
(3) For the purposes of this section and RCW 82.12.880,
the following definitions apply:
(a) "Farmer" and "agricultural product" mean the same
as in RCW 82.04.213.
(b) "Veterinarian" means a person who is licensed to
practice veterinary medicine, surgery, or dentistry under
chapter 18.92 RCW. [2001 2nd sp.s. c 17 § 1.]
Effective date—2001 2nd sp.s. c 17: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
August 1, 2001." [2001 2nd sp.s. c 17 § 3.]
[Title 82 RCW—page 75]
82.08.890
Title 82 RCW: Excise Taxes
82.08.890 Exemptions—Dairy nutrient management
equipment and facilities. (1) The tax levied by RCW
82.08.020 does not apply to sales to eligible persons of services rendered in respect to operating, repairing, cleaning,
altering, or improving of dairy nutrient management equipment and facilities, or to sales of tangible personal property
that becomes an ingredient or component of the equipment
and facilities. The equipment and facilities must be used
exclusively for activities necessary to maintain a dairy nutrient management plan as required under chapter 90.64
RCW. This exemption applies to sales made after the dairy
nutrient management plan is certified under chapter 90.64
RCW.
(2)(a) The department of revenue must provide an
exemption certificate to an eligible person upon application
by that person. The department of agriculture must provide
a list of eligible persons to the department of revenue. The
application must be in a form and manner prescribed by the
department and must contain information regarding the
location of the dairy and other information the department
may require.
(b) The exemption is available only when the buyer
provides the seller with an exemption certificate in a form
and manner prescribed by the department. The seller must
retain a copy of the certificate for the seller’s files.
(3) The definitions in this subsection apply to this
section and RCW 82.12.890 unless the context clearly
requires otherwise:
(a) "Dairy nutrient management equipment and facilities" means machinery, equipment, and structures used in the
handling and treatment of dairy manure, such as aerators,
agitators, alley scrapers, augers, dams, gutter cleaners,
loaders, lagoons, pipes, pumps, separators, and tanks. The
term also includes tangible personal property that becomes
an ingredient or component of the equipment and facilities,
including repair and replacement parts.
(b) "Eligible person" means a person licensed to
produce milk under chapter 15.36 RCW who has a certified
dairy nutrient management plan by December 31, 2003, as
required by chapter 90.64 RCW. [2001 2nd sp.s. c 18 § 2.]
information regarding the location of the facility and other
information as the department may require.
(b) The exemption is available only when the buyer
provides the seller with an exemption certificate in a form
and manner prescribed by the department. The seller must
retain a copy of the certificate for the seller’s files.
(3) The definitions in this subsection apply to this
section and RCW 82.12.900 unless the context clearly
requires otherwise:
(a) "Anaerobic digester" means a facility that processes
manure from cattle into biogas and dried manure using
microorganisms in a decomposition process within a closed,
oxygen-free container.
(b) "Eligible person" means any person establishing or
operating an anaerobic digester to treat primarily dairy
manure.
(c) "Primarily" means more than fifty percent measured
by volume or weight. [2001 2nd sp.s. c 18 § 4.]
Intent—2001 2nd sp.s. c 18: "It is the intent of the legislature to
provide tax exemptions to assist dairy farmers to comply with the dairy
nutrient management act, chapter 90.64 RCW, and to assist public or private
entities to establish and operate anaerobic digesters to treat dairy nutrients
on a regional or on-farm basis." [2001 2nd sp.s. c 18 § 1.]
Effective date—2001 2nd sp.s. c 18: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [July 13, 2001]." [2001 2nd sp.s. c 18 § 6.]
Purpose—Intent—Part headings not law—2001 2nd sp.s. c 25:
See notes following RCW 82.04.260.
82.08.900 Exemptions—Anaerobic digesters. (1)
The tax levied by RCW 82.08.020 does not apply to sales to
an eligible person establishing or operating an anaerobic
digester or to services rendered in respect to installing,
constructing, repairing, cleaning, altering, or improving an
anaerobic digester, or to sales of tangible personal property
that becomes an ingredient or component of the anaerobic
digester. The anaerobic digester must be used primarily to
treat dairy manure.
(2)(a) The department of revenue must provide an
exemption certificate to an eligible person upon application
by that person. The application must be in a form and
manner prescribed by the department and must contain
[Title 82 RCW—page 76]
Intent—Effective date—2001 2nd sp.s. c 18: See notes following
RCW 82.08.890.
82.08.910 Exemptions—Propane or natural gas to
heat chicken structures. (1) The tax levied by RCW
82.08.020 does not apply to sales to farmers of propane or
natural gas used to heat structures used to house chickens.
The propane or natural gas must be used exclusively to heat
the structures. The structures must be used exclusively to
house chickens that are sold as agricultural products.
(2) The exemption is available only when the buyer
provides the seller with an exemption certificate in a form
and manner prescribed by the department. The seller must
retain a copy of the certificate for the seller’s files.
(3) The definitions in this subsection apply to this
section and RCW 82.12.910.
(a) "Structures" means barns, sheds, and other similar
buildings in which chickens are housed.
(b) "Farmer" has the same meaning as provided in RCW
82.04.213.
(c) "Agricultural product" has the same meaning as
provided in RCW 82.04.213. [2001 2nd sp.s. c 25 § 3.]
82.08.920 Exemptions—Chicken bedding materials.
(1) The tax levied by RCW 82.08.020 does not apply to
sales to a farmer of bedding materials used to accumulate
and facilitate the removal of chicken manure. The farmer
must be raising chickens that are sold as agricultural products.
(2) The exemption is available only when the buyer
provides the seller with an exemption certificate in a form
and manner prescribed by the department. The seller must
retain a copy of the certificate for the seller’s files.
(3) The definitions in this subsection apply to this
section and RCW 82.12.920.
(a) "Bedding materials" means wood shavings, straw,
sawdust, shredded paper, and other similar materials.
(b) "Farmer" has the same meaning as provided in RCW
82.04.213.
(c) "Agricultural product" has the same meaning as
provided in RCW 82.04.213. [2001 2nd sp.s. c 25 § 5.]
(2002 Ed.)
Retail Sales Tax
Purpose—Intent—Part headings not law—2001 2nd sp.s. c 25:
See notes following RCW 82.04.260.
82.12.0265
82.12.0266
Chapter 82.12
USE TAX
82.12.0267
82.12.0268
Sections
82.12.010
82.12.020
82.12.022
82.12.023
82.12.024
82.12.0251
82.12.0252
82.12.02525
82.12.0253
82.12.0254
82.12.02545
82.12.0255
82.12.0256
82.12.02565
82.12.02566
82.12.02567
82.12.02568
82.12.02569
82.12.0257
82.12.0258
82.12.0259
82.12.02595
82.12.0261
82.12.0262
82.12.0263
82.12.0264
(2002 Ed.)
Definitions.
Use tax imposed.
Natural or manufactured gas—Use tax imposed—
Exemption.
Natural or manufactured gas, exempt from use tax imposed
by RCW 82.12.020.
Deferral of use tax on certain users of natural or manufactured gas.
Exemptions—Use by nonresident while temporarily within
Washington of tangible personal property brought into
Washington—Use by nonresident of motor vehicle or
trailer licensed in another state—Use by resident or
nonresident member of armed forces of household
goods, personal effects, and private motor vehicles
acquired in another state while a resident—"State" defined.
Exemptions—Use of tangible personal property upon
which tax has been paid—Use of tangible personal
property acquired by a previous bailee from same bailor
before June 9, 1961.
Exemptions—Sale of copied public records by state and
local agencies.
Exemptions—Use of tangible personal property taxable
under chapter 82.16 RCW.
Exemptions—Use of airplanes, locomotives, railroad cars,
or watercraft used in interstate or foreign commerce or
outside state’s territorial waters—Components—Use of
motor vehicle or trailer in the transportation of persons
or property across state boundaries—Conditions—Use of
motor vehicle or trailer under one-transit permit to point
outside state.
Exemption—Use of naval aircraft training equipment transferred due to base closure.
Exemptions—Nontaxable tangible personal property.
Exemptions—Use of motor vehicle and special fuel—
Conditions.
Exemptions—Machinery and equipment used for manufacturing, research and development, or a testing operation.
Exemptions—Use of tangible personal property incorporated in prototype for aircraft parts, auxiliary equipment,
and aircraft modification—Limitations on yearly exemption.
Exemptions—Use of machinery and equipment used in
generating electricity.
Exemptions—Use of carbon and similar substances that
become an ingredient or component of anodes or cathodes used in producing aluminum for sale.
Exemptions—Use of tangible personal property related to a
building or structure that is an integral part of a laser
interferometer gravitational wave observatory.
Exemptions—Use of tangible personal property of the
operating property of a public utility by state or political
subdivision.
Exemptions—Use of tangible personal property previously
used in farming and purchased from farmer at auction.
Exemptions—Use of tangible personal property by federal
corporations providing aid and relief.
Exemptions—Use of donated tangible personal property by
nonprofit organization or governmental entity or for
purpose donated—Use of related property.
Exemptions—Use of livestock.
Exemptions—Use of poultry for producing poultry and
poultry products for sale.
Exemptions—Use of fuel by extractor or manufacturer
thereof.
Exemptions—Use of dual-controlled motor vehicles by
school for driver training.
82.12.02685
82.12.0269
82.12.0271
82.12.0272
82.12.0273
82.12.0274
82.12.02745
82.12.02747
82.12.02748
82.12.02749
82.12.0275
82.12.0276
82.12.0277
82.12.0279
82.12.0282
82.12.0283
82.12.0284
82.12.02915
82.12.02917
82.12.0293
82.12.0294
82.12.0295
82.12.0296
82.12.0297
82.12.0298
82.12.031
82.12.0311
82.12.0315
82.12.0316
82.12.032
82.12.033
82.12.034
82.12.0345
82.12.0347
82.12.035
82.12.036
82.12.037
82.12.038
82.08.920
Exemptions—Use by bailee of tangible personal property
consumed in research, development, etc., activities.
Exemptions—Use by residents of motor vehicles and
trailers acquired and used while members of the armed
services and stationed outside the state.
Exemptions—Use of semen in artificial insemination of
livestock.
Exemptions—Use of form lumber by persons engaged in
constructing, repairing, etc., structures for consumers.
Exemptions—Use of tangible personal property related to
agricultural employee housing.
Exemptions—Use of sand, gravel, or rock to extent of
labor and service charges for mining, sorting, crushing,
etc., thereof from county or city quarry for public road
purposes.
Exemptions—Use of wearing apparel only as a sample for
display for sale.
Exemptions—Use of tangible personal property in single
trade shows.
Exemptions—Use of pollen.
Exemptions—Use of tangible personal property by political subdivision resulting from annexation or incorporation.
Exemptions—Use by free hospitals of certain items.
Exemptions—Use by blood, bone, or tissue bank—
Exceptions.
Exemptions—Use of human blood, tissue, organs, bodies,
or body parts for medical research or quality control
testing.
Exemptions—Use of medical supplies, chemicals, or materials by organ procurement organization.
Exemptions—Use of prescription drugs.
Exemptions—Use of returnable containers for beverages
and foods.
Exemptions—Use of certain medical items.
Exemptions—Use of ferry vessels by the state or local
governmental units—Components thereof.
Exemptions—Use of vans as ride-sharing vehicles.
Exemptions—Use of certain irrigation equipment.
Exemptions—Use of computers or computer components,
accessories, or software donated to schools or colleges.
Exemptions—Use of items by health or social welfare
organizations for alternative housing for youth in crisis.
Exemptions—Use of amusement and recreation services by
nonprofit youth organization.
Exemptions—Use of food products for human consumption.
Exemptions—Use of feed for cultivating or raising fish for
sale.
Exemptions—Lease amounts and repurchase amount for
certain property under sale/leaseback agreement.
Exemptions—Use of feed consumed by livestock at a
public livestock market.
Exemptions—Use of food purchased with food stamps.
Exemptions—Use of diesel fuel in operating watercraft in
commercial deep sea fishing or commercial passenger
fishing boat operations outside the state.
Exemptions—Use by artistic or cultural organizations of
certain objects.
Exemptions—Use of materials and supplies in packing
horticultural products.
Exemptions—Rental or sales related to motion picture or
video productions—Exceptions.
Exemptions—Sales of cigarettes by Indian retailer under
cigarette tax contracts.
Exemption—Use of used park model trailers.
Exemption—Use of certain used mobile homes.
Exemption—Use of used floating homes.
Exemptions—Use of newspapers.
Exemptions—Use of academic transcripts.
Credit for retail sales or use taxes paid to other jurisdictions with respect to property used.
Exemptions and credits—Pollution control facilities.
Credits and refunds—Debts deductible as worthless.
Exemptions—Vehicle battery core deposits or credits—
Replacement vehicle tire fees—"Core deposits or credits" defined.
[Title 82 RCW—page 77]
Chapter 82.12
Title 82 RCW: Excise Taxes
82.12.040
82.12.045
Retailers to collect tax—Penalty.
Collection of tax on motor vehicles by county auditor or
director of licensing—Remittance.
82.12.060
Installment sales, leases, bailments.
82.12.070
Tax may be paid on cash receipts basis if books are so
kept—Exemption for debts deductible as worthless.
82.12.080
Administration.
82.12.800
Exemptions—Uses of vessel, vessel’s trailer by manufacturer.
82.12.801
Exemptions—Uses of vessel, vessel’s trailer by dealer.
82.12.802
Vessels held in inventory by dealer or manufacturer—Tax
on personal use—Documentation—Rules.
82.12.810
Exemptions—Air pollution control facilities at a thermal
electric generation facility—Exceptions—Payments on
cessation of operation.
82.12.811
Exemptions—Coal used at coal-fired thermal electric generation facility—Application—Demonstration of progress in air pollution control—Notice of emissions violations—Reapplication—Payments on cessation of operation.
82.12.820
Exemptions—Warehouse and grain elevators and distribution centers.
82.12.832
Exemptions—Use of gun safes.
82.12.834
Exemptions—Sales/leasebacks by regional transit authorities.
82.12.840
Exemptions—Machinery, equipment, or structures that reduce field burning.
82.12.845
Use of motorcycles loaned to department of licensing.
82.12.850
Exemptions—Conifer seed.
82.12.880
Exemptions—Animal pharmaceuticals.
82.12.890
Exemptions—Dairy nutrient management equipment and
facilities.
82.12.900
Exemptions—Anaerobic digesters.
82.12.910
Exemptions—Propane or natural gas to heat chicken structures.
82.12.920
Exemptions—Chicken bedding materials.
Changes in tax law—Liability: RCW 82.08.064, 82.14.055, and 82.32.430.
Direct pay permits: RCW 82.32.087.
82.12.010 Definitions. For the purposes of this
chapter:
(1)(a) "Value of the article used" shall mean the
consideration, whether money, credit, rights, or other
property except trade-in property of like kind, expressed in
terms of money, paid or given or contracted to be paid or
given by the purchaser to the seller for the article of tangible
personal property, the use of which is taxable under this
chapter. The term includes the amount of any freight,
delivery, or other like transportation charge paid or given by
the purchaser to the seller with respect to the purchase of
such article. The term also includes, in addition to the
consideration paid or given or contracted to be paid or given,
the amount of any tariff or duty paid with respect to the
importation of the article used. In case the article used is
acquired by lease or by gift or is extracted, produced, or
manufactured by the person using the same or is sold under
conditions wherein the purchase price does not represent the
true value thereof, the value of the article used shall be
determined as nearly as possible according to the retail
selling price at place of use of similar products of like
quality and character under such rules as the department of
revenue may prescribe.
(b) In case the articles used are acquired by bailment,
the value of the use of the articles so used shall be in an
amount representing a reasonable rental for the use of the
articles so bailed, determined as nearly as possible according
to the value of such use at the places of use of similar
products of like quality and character under such rules as the
department of revenue may prescribe. In case any such
[Title 82 RCW—page 78]
articles of tangible personal property are used in respect to
the construction, repairing, decorating, or improving of, and
which become or are to become an ingredient or component
of, new or existing buildings or other structures under, upon,
or above real property of or for the United States, any
instrumentality thereof, or a county or city housing authority
created pursuant to chapter 35.82 RCW, including the
installing or attaching of any such articles therein or thereto,
whether or not such personal property becomes a part of the
realty by virtue of installation, then the value of the use of
such articles so used shall be determined according to the
retail selling price of such articles, or in the absence of such
a selling price, as nearly as possible according to the retail
selling price at place of use of similar products of like
quality and character or, in the absence of either of these
selling price measures, such value may be determined upon
a cost basis, in any event under such rules as the department
of revenue may prescribe.
(c) In the case of articles owned by a user engaged in
business outside the state which are brought into the state for
no more than one hundred eighty days in any period of three
hundred sixty-five consecutive days and which are temporarily used for business purposes by the person in this state,
the value of the article used shall be an amount representing
a reasonable rental for the use of the articles, unless the
person has paid tax under this chapter or chapter 82.08 RCW
upon the full value of the article used, as defined in (a) of
this subsection.
(d) In the case of articles manufactured or produced by
the user and used in the manufacture or production of
products sold or to be sold to the department of defense of
the United States, the value of the articles used shall be
determined according to the value of the ingredients of such
articles.
(e) In the case of an article manufactured or produced
for purposes of serving as a prototype for the development
of a new or improved product, the value of the article used
shall be determined by: (i) The retail selling price of such
new or improved product when first offered for sale; or (ii)
the value of materials incorporated into the prototype in
cases in which the new or improved product is not offered
for sale.
(f) In the case of an article purchased with a direct pay
permit under RCW 82.32.087, the value of the article used
shall be determined by the retail selling price, as defined in
RCW 82.08.010, of such article if but for the use of the
direct pay permit the transaction would have been subject to
sales tax;
(2) "Value of the service used" means the consideration,
whether money, credit, rights, or other property, expressed
in terms of money, paid or given or contracted to be paid or
given by the purchaser to the seller for the service, the use
of which is taxable under this chapter. If the service is
received by gift or under conditions wherein the purchase
price does not represent the true value thereof, the value of
the service used shall be determined as nearly as possible
according to the retail selling price at place of use of similar
services of like quality and character under rules the department of revenue may prescribe;
(3) "Use," "used," "using," or "put to use" shall have
their ordinary meaning, and shall mean:
(2002 Ed.)
Use Tax
(a) With respect to tangible personal property, the first
act within this state by which the taxpayer takes or assumes
dominion or control over the article of tangible personal
property (as a consumer), and include installation, storage,
withdrawal from storage, distribution, or any other act
preparatory to subsequent actual use or consumption within
this state; and
(b) With respect to a service defined in RCW
82.04.050(2)(a), the first act within this state by which the
taxpayer takes or assumes dominion or control over the article of tangible personal property upon which the service was
performed (as a consumer), and include installation, storage,
withdrawal from storage, distribution, or any other act
preparatory to subsequent actual use or consumption of the
article within this state;
(4) "Taxpayer" and "purchaser" include all persons
included within the meaning of the word "buyer" and the
word "consumer" as defined in chapters 82.04 and 82.08
RCW;
(5) "Retailer" means every seller as defined in RCW
82.08.010 and every person engaged in the business of
selling tangible personal property at retail and every person
required to collect from purchasers the tax imposed under
this chapter;
(6) The meaning ascribed to words and phrases in
chapters 82.04 and 82.08 RCW, insofar as applicable, shall
have full force and effect with respect to taxes imposed
under the provisions of this chapter. "Consumer," in
addition to the meaning ascribed to it in chapters 82.04 and
82.08 RCW insofar as applicable, shall also mean any person
who distributes or displays, or causes to be distributed or
displayed, any article of tangible personal property, except
newspapers, the primary purpose of which is to promote the
sale of products or services. With respect to property
distributed to persons within this state by a consumer as
defined in this subsection (6), the use of the property shall
be deemed to be by such consumer. [2002 c 367 § 3; 2001
c 188 § 3; 1994 c 93 § 1. Prior: 1985 c 222 § 1; 1985 c
132 § 1; 1983 1st ex.s. c 55 § 2; 1975-’76 2nd ex.s. c 1 § 1;
1975 1st ex.s. c 278 § 52; 1965 ex.s. c 173 § 17; 1961 c 293
§ 15; 1961 c 15 § 82.12.010; prior: 1955 c 389 § 24; 1951
1st ex.s. c 9 § 3; 1949 c 228 § 9; 1945 c 249 § 8; 1943 c
156 § 10; 1939 c 225 § 18; 1937 c 191 § 4; 1935 c 180 §
35; Rem. Supp. 1949 § 8370-35.]
Severability—Effective date—2002 c 367: See notes following
RCW 82.04.060.
Finding—Intent—Effective date—2001 c 188: See notes following
RCW 82.32.087.
Effective date—1994 c 93: "This act shall take effect July 1, 1994."
[1994 c 93 § 3.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
Application to preexisting contracts—1975-’76 2nd ex.s. c 1; 1975
1st ex.s. c 90: "In the event any person has entered into a contract prior to
July 1, 1975 or has bid upon a contract prior to July 1, 1975 and has been
awarded the contract after July 1, 1975, the additional taxes imposed by
chapter 90, Laws of 1975 1st ex. sess., section 5, chapter 291, Laws of 1975
1st ex. sess. and this 1975 amendatory act shall not be required to be paid
by such person in carrying on activities in the fulfillment of such contract."
[1975-’76 2nd ex.s. c 1 § 3; 1975 1st ex.s. c 90 § 4.]
Severability—1975-’76 2nd ex.s. c 1: "If any provision of this 1975
amendatory act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1975-’76 2nd ex.s. c 1 § 4.]
(2002 Ed.)
82.12.010
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Effective date—1965 ex.s. c 173: See note following RCW
82.04.050.
82.12.020 Use tax imposed. (Effective until April 1,
2003, if Referendum Bill No. 51 is approved at the November 2002 general election.) (1) There is hereby levied and
there shall be collected from every person in this state a tax
or excise for the privilege of using within this state as a
consumer: (a) Any article of tangible personal property
purchased at retail, or acquired by lease, gift, repossession,
or bailment, or extracted or produced or manufactured by the
person so using the same, or otherwise furnished to a person
engaged in any business taxable under RCW 82.04.280 (2)
or (7); or (b) any canned software, regardless of the method
of delivery, but excluding canned software that is either
provided free of charge or is provided for temporary use in
viewing information, or both.
(2) This tax shall apply to the use of every service
defined as a retail sale in RCW 82.04.050 (2)(a) or (3)(a)
and the use of every article of tangible personal property,
including property acquired at a casual or isolated sale, and
including byproducts used by the manufacturer thereof,
except as hereinafter provided, irrespective of whether the
article or similar articles are manufactured or are available
for purchase within this state.
(3) Except as provided in RCW 82.12.0252, payment by
one purchaser or user of tangible personal property or
service of the tax imposed by chapter 82.08 or 82.12 RCW
shall not have the effect of exempting any other purchaser or
user of the same property or service from the taxes imposed
by such chapters.
(4) The tax shall be levied and collected in an amount
equal to the value of the article used or value of the service
used by the taxpayer multiplied by the rate in effect for the
retail sales tax under RCW 82.08.020. [2002 c 367 § 4;
1999 c 358 § 9; 1998 c 332 § 7; 1996 c 148 § 5; 1994 c 93
§ 2; 1983 c 7 § 7; 1981 2nd ex.s. c 8 § 2; 1980 c 37 § 79;
1977 ex.s. c 324 § 3; 1975-’76 2nd ex.s. c 130 § 2; 1975-’76
2nd ex.s. c 1 § 2; 1971 ex.s. c 281 § 10; 1969 ex.s. c 262 §
32; 1967 ex.s. c 149 § 22; 1965 ex.s. c 173 § 18; 1961 c
293 § 9; 1961 c 15 § 82.12.020. Prior: 1959 ex.s. c 3 § 10;
1955 ex.s. c 10 § 3; 1955 c 389 § 25; 1949 c 228 § 7; 1943
c 156 § 8; 1941 c 76 § 6; 1939 c 225 § 14; 1937 c 191 § 1;
1935 c 180 § 31; Rem. Supp. 1949 § 8370-31.]
Severability—Effective date—2002 c 367: See notes following
RCW 82.04.060.
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
Severability—Effective date—1996 c 148: See notes following
RCW 82.04.050.
Effective date—1994 c 93: See note following RCW 82.12.010.
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
Intent—1980 c 37: See note following RCW 82.04.4281.
Effective date—1975-’76 2nd ex.s. c 130: See note following RCW
82.08.020.
Application to preexisting contracts—1975-’76 2nd ex.s. c 1: See
note following RCW 82.12.010.
Severability—1975-’76 2nd ex.s. c 1: See note following RCW
82.12.010.
[Title 82 RCW—page 79]
82.12.020
Title 82 RCW: Excise Taxes
High capacity transportation systems—Sales and use tax: RCW 81.104.170.
82.12.020 Use tax imposed. (Effective April 1, 2003,
if Referendum Bill No. 51 is approved at the November
2002 general election.) (1) There is hereby levied and there
shall be collected from every person in this state a tax or
excise for the privilege of using within this state as a
consumer: (a) Any article of tangible personal property
purchased at retail, or acquired by lease, gift, repossession,
or bailment, or extracted or produced or manufactured by the
person so using the same, or otherwise furnished to a person
engaged in any business taxable under RCW 82.04.280 (2)
or (7); or (b) any canned software, regardless of the method
of delivery, but excluding canned software that is either
provided free of charge or is provided for temporary use in
viewing information, or both.
(2) This tax shall apply to the use of every service
defined as a retail sale in RCW 82.04.050 (2)(a) or (3)(a)
and the use of every article of tangible personal property,
including property acquired at a casual or isolated sale, and
including byproducts used by the manufacturer thereof,
except as hereinafter provided, irrespective of whether the
article or similar articles are manufactured or are available
for purchase within this state.
(3) Except as provided in RCW 82.12.0252, payment by
one purchaser or user of tangible personal property or
service of the tax imposed by chapter 82.08 or 82.12 RCW
shall not have the effect of exempting any other purchaser or
user of the same property or service from the taxes imposed
by such chapters.
(4) The tax shall be levied and collected in an amount
equal to the value of the article used or value of the service
used by the taxpayer multiplied by the rates in effect for the
retail sales tax under RCW 82.08.020. [2002 c 367 § 4;
2002 c 202 § 402; 1999 c 358 § 9; 1998 c 332 § 7; 1996 c
148 § 5; 1994 c 93 § 2; 1983 c 7 § 7; 1981 2nd ex.s. c 8 §
2; 1980 c 37 § 79; 1977 ex.s. c 324 § 3; 1975-’76 2nd ex.s.
c 130 § 2; 1975-’76 2nd ex.s. c 1 § 2; 1971 ex.s. c 281 §
10; 1969 ex.s. c 262 § 32; 1967 ex.s. c 149 § 22; 1965 ex.s.
c 173 § 18; 1961 c 293 § 9; 1961 c 15 § 82.12.020. Prior:
1959 ex.s. c 3 § 10; 1955 ex.s. c 10 § 3; 1955 c 389 § 25;
1949 c 228 § 7; 1943 c 156 § 8; 1941 c 76 § 6; 1939 c 225
§ 14; 1937 c 191 § 1; 1935 c 180 § 31; Rem. Supp. 1949 §
8370-31.]
Reviser’s note: This section was amended by 2002 c 202 § 402 and
by 2002 c 367 § 4, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 367: See notes following
RCW 82.04.060.
Effective date—2002 c 202 §§ 401 and 402: See note following
RCW 82.08.020.
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Findings—Intent—Effective date—1998 c 332: See notes following
RCW 82.04.29001.
Severability—Effective date—1996 c 148: See notes following
RCW 82.04.050.
Effective date—1994 c 93: See note following RCW 82.12.010.
[Title 82 RCW—page 80]
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
Intent—1980 c 37: See note following RCW 82.04.4281.
Effective date—1975-’76 2nd ex.s. c 130: See note following RCW
82.08.020.
Application to preexisting contracts—1975-’76 2nd ex.s. c 1: See
note following RCW 82.12.010.
Severability—1975-’76 2nd ex.s. c 1: See note following RCW
82.12.010.
High capacity transportation systems—Sales and use tax: RCW 81.104.170.
82.12.022 Natural or manufactured gas—Use tax
imposed—Exemption. (1) There is hereby levied and there
shall be collected from every person in this state a use tax
for the privilege of using natural gas or manufactured gas
within this state as a consumer.
(2) The tax shall be levied and collected in an amount
equal to the value of the article used by the taxpayer
multiplied by the rate in effect for the public utility tax on
gas distribution businesses under RCW 82.16.020. The
"value of the article used" does not include any amounts that
are paid for the hire or use of a gas distribution business as
defined in RCW 82.16.010(7) in transporting the gas subject
to tax under this subsection if those amounts are subject to
tax under that chapter.
(3) The tax levied in this section shall not apply to the
use of natural or manufactured gas delivered to the consumer
by other means than through a pipeline.
(4) The tax levied in this section shall not apply to the
use of natural or manufactured gas if the person who sold
the gas to the consumer has paid a tax under RCW
82.16.020 with respect to the gas for which exemption is
sought under this subsection.
(5) There shall be a credit against the tax levied under
this section in an amount equal to any tax paid by:
(a) The person who sold the gas to the consumer when
that tax is a gross receipts tax similar to that imposed
pursuant to RCW 82.16.020 by another state with respect to
the gas for which a credit is sought under this subsection; or
(b) The person consuming the gas upon which a use tax
similar to the tax imposed by this section was paid to
another state with respect to the gas for which a credit is
sought under this subsection.
(6) The use tax hereby imposed shall be paid by the
consumer to the department.
(7) There is imposed a reporting requirement on the
person who delivered the gas to the consumer to make a
quarterly report to the department. Such report shall contain
the volume of gas delivered, name of the consumer to whom
delivered, and such other information as the department shall
require by rule.
(8) The department may adopt rules under chapter 34.05
RCW for the administration and enforcement of sections 1
through 6, chapter 384, Laws of 1989. [1994 c 124 § 9;
1989 c 384 § 3.]
Intent—1989 c 384: "Due to a change in the federal regulations
governing the sale of brokered natural gas, cities have lost significant
revenues from the utility tax on natural gas. It is therefore the intent of the
legislature to adjust the utility and use tax authority of the state and cities
to maintain this revenue source for the municipalities and provide equality
of taxation between intrastate and interstate transactions." [1989 c 384 § 1.]
Effective date—1989 c 384: "This act shall take effect July 1, 1990."
[1989 c 384 § 7.]
(2002 Ed.)
Use Tax
82.12.023 Natural or manufactured gas, exempt
from use tax imposed by RCW 82.12.020. The tax levied
by RCW 82.12.020 shall not apply in respect to the use of
natural or manufactured gas that is taxable under RCW
82.12.022. [1994 c 124 § 10; 1989 c 384 § 5.]
Intent—Effective date—1989 c 384: See notes following RCW
82.12.022.
82.12.024 Deferral of use tax on certain users of
natural or manufactured gas. (1) Unless the context
clearly requires otherwise, the definitions in this subsection
apply throughout this section.
(a) "Direct service industrial customer" means a person
who is an industrial customer that contracts for the purchase
of power from the Bonneville Power Administration for
direct consumption as of May 8, 2001. "Direct service
industrial customer" includes a person who is a subsidiary
that is more than fifty percent owned by a direct service
industrial customer and who receives power from the
Bonneville Power Administration pursuant to the parent’s
contract for power.
(b) "Facility" means a gas turbine electrical generation
facility that does not exist on May 8, 2001, and is owned by
a direct service industrial customer for the purpose of
producing electricity to be consumed by the direct service
industrial customer.
(c) "Average annual employment" means the total
employment in this state for a calendar year at the direct
service industrial customer’s location where electricity from
the facility will be consumed.
(2) Effective July 1, 2001, the tax levied in RCW
82.12.022 on the first sixty months’ use of natural or
manufactured gas by a direct service industrial customer that
owns a facility shall be deferred. This deferral is limited to
the tax on natural or manufactured gas used or consumed to
generate electricity at the facility.
(3) Application for deferral shall be made by the direct
service industrial customer before the first use of natural or
manufactured gas. The application shall be in a form and
manner prescribed by the department and shall include but
is not limited to information regarding the location of the facility, the projected date of first use of natural or manufactured gas to generate electricity at the facility, the date
construction is projected to begin or did begin, the
applicant’s average annual employment in the state for the
six calendar years immediately preceding the year in which
the application is made, and shall affirm the applicant’s
status as a direct service industrial customer. The department shall rule on the application within thirty days of receipt.
(4)(a) The direct service industrial customer shall begin
paying the deferred tax in the sixth calendar year following
the calendar year in which the month of first use of natural
or manufactured gas to generate electricity at the facility
occurs. The first payment will be due on or before December 31st with subsequent annual payments due on or before
December 31st of the following four years according to the
following schedule:
Payment Year
1
2
(2002 Ed.)
% of Deferred Tax to be Paid
10%
15%
82.12.023
3
4
5
20%
25%
30%
(b) The department may authorize an accelerated
payment schedule upon request of the taxpayer.
(c) Interest shall not be charged on the tax deferred
under this section for the period of deferral, although all
other penalties and interest applicable to delinquent excise
taxes may be assessed and imposed. The debt for deferred
tax will not be extinguished by insolvency or other failure of
the direct service industrial customer. Transfer of ownership
of the facility does not affect deferral eligibility. However,
the deferral is available to the successor only if the eligibility
conditions of this section are met.
(5)(a) If the average of the direct service industrial
customer’s average annual employment for the five calendar
years subsequent to the calendar year containing the first
month of use of natural or manufactured gas to generate
electricity at a facility is equal to or exceeds the six-year
average annual employment stated on the application for
deferral under this section, the tax deferred need not be paid.
The direct service industrial customer shall certify to the
department by June 1st of the sixth calendar year following
the calendar year in which the month of first use of gas
occurs the average annual employment for each of the five
prior calendar years.
(b) If the five-year average calculated in (a) of this
subsection is less than the average annual employment stated
on the application for deferral under this section, the tax
deferred under this section shall be paid in the amount as
follows:
Decrease in Average Annual
Employment Over
Five-Year Period
Less than 10%
10% or more but less than 25%
25% or more but less than 50%
50% or more but less than 75%
75% or more
% of Deferred
Tax to be Paid
10%
25%
50%
75%
100%
(c) Tax paid under this subsection shall be paid according to the schedule in subsection (4)(a) of this section and
under the terms and conditions of subsection (4)(b) and (c)
of this section.
(6) The employment security department shall make,
and certify to the department of revenue, all determinations
of employment under this section as requested by the
department.
(7) A person claiming this deferral shall supply to the
department quarterly reports containing information necessary to document the total volume of natural or manufactured gas purchased in the quarter, the value of that total
volume, and the percentage of the total volume used to
generate electricity at the facility. [2001 c 214 § 10.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
82.12.0251 Exemptions—Use by nonresident while
temporarily within Washington of tangible personal
[Title 82 RCW—page 81]
82.12.0251
Title 82 RCW: Excise Taxes
property brought into Washington—Use by nonresident
of motor vehicle or trailer licensed in another state—Use
by resident or nonresident member of armed forces of
household goods, personal effects, and private motor
vehicles acquired in another state while a resident—
"State" defined. The provisions of this chapter shall not
apply in respect to the use of any article of tangible personal
property brought into the state of Washington by a nonresident thereof for his or her use or enjoyment while temporarily within the state of Washington unless such property is
used in conducting a nontransitory business activity within
the state of Washington; or in respect to the use by a
nonresident of Washington of a motor vehicle or trailer
which is registered or licensed under the laws of the state of
his or her residence, and which is not required to be registered or licensed under the laws of Washington, including
motor vehicles or trailers exempt pursuant to a declaration
issued by the department of licensing under RCW 46.85.060;
or in respect to the use of household goods, personal effects,
and private motor vehicles, not including motor homes, by
a bona fide resident of Washington, or nonresident members
of the armed forces who are stationed in Washington
pursuant to military orders, if such articles were acquired
and used by such person in another state while a bona fide
resident thereof and such acquisition and use occurred more
than ninety days prior to the time he or she entered Washington.
For purposes of this section, "state" means a state of the
United States, any political subdivision thereof, the District
of Columbia, and any foreign country or political subdivision
thereof. [1997 c 301 § 1; 1987 c 27 § 1; 1985 c 353 § 4;
1983 c 26 § 2; 1980 c 37 § 51. Formerly RCW
82.12.030(1).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0252 Exemptions—Use of tangible personal
property upon which tax has been paid—Use of tangible
personal property acquired by a previous bailee from
same bailor before June 9, 1961. The provisions of this
chapter shall not apply in respect to the use of any article of
tangible personal property purchased at retail or acquired by
lease, gift or bailment if the sale thereof to, or the use
thereof by, the present user or his bailor or donor has
already been subjected to the tax under chapter 82.08 or
82.12 RCW and such tax has been paid by the present user
or by his bailor or donor; or in respect to the use of property
acquired by bailment and such tax has once been paid based
on reasonable rental as determined by RCW 82.12.060 measured by the value of the article at time of first use multiplied by the tax rate imposed by chapter 82.08 or 82.12
RCW as of the time of first use; or in respect to the use of
any article of tangible personal property acquired by bailment, if the property was acquired by a previous bailee from
the same bailor for use in the same general activity and such
original bailment was prior to June 9, 1961. [1980 c 37 §
52. Formerly RCW 82.12.030(2).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.02525 Exemptions—Sale of copied public
records by state and local agencies. The provisions of this
chapter shall not apply with respect to the use of public re[Title 82 RCW—page 82]
cords sold by state and local agencies, as the terms are
defined in RCW 42.17.020, that are obtained under a request
for the record for which no fee is charged other than a
statutorily set fee or a fee to reimburse the agency for its
actual costs directly incident to the copying. A request for
a record includes a request for a document not available to
the public but available to those persons who by law are
allowed access to the document, such as requests for fire
reports, law enforcement reports, taxpayer information, and
academic transcripts. [1996 c 63 § 2.]
Effective date—1996 c 63: See note following RCW 82.08.02525.
82.12.0253 Exemptions—Use of tangible personal
property taxable under chapter 82.16 RCW. The provisions of this chapter shall not apply in respect to the use
of any article of tangible personal property the sale of which
is specifically taxable under chapter 82.16 RCW. [1980 c 37
§ 53. Formerly RCW 82.12.030(3).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0254 Exemptions—Use of airplanes, locomotives, railroad cars, or watercraft used in interstate or
foreign commerce or outside state’s territorial waters—
Components—Use of motor vehicle or trailer in the
transportation of persons or property across state
boundaries—Conditions—Use of motor vehicle or trailer
under one-transit permit to point outside state. The
provisions of this chapter shall not apply in respect to the
use of any airplane, locomotive, railroad car, or watercraft
used primarily in conducting interstate or foreign commerce
by transporting therein or therewith property and persons for
hire or used primarily in commercial deep sea fishing
operations outside the territorial waters of the state, and in
respect to use of tangible personal property which becomes
a component part of any such airplane, locomotive, railroad
car, or watercraft, and in respect to the use by a nonresident
of this state of any motor vehicle or trailer used exclusively
in transporting persons or property across the boundaries of
this state and in intrastate operations incidental thereto when
such motor vehicle or trailer is registered and licensed in a
foreign state and in respect to the use by a nonresident of
this state of any motor vehicle or trailer so registered and
licensed and used within this state for a period not exceeding
fifteen consecutive days under such rules as the department
of revenue shall adopt: PROVIDED, That under circumstances determined to be justifiable by the department of
revenue a second fifteen day period may be authorized
consecutive with the first fifteen day period; and for the
purposes of this exemption the term "nonresident" as used
herein, shall include a user who has one or more places of
business in this state as well as in one or more other states,
but the exemption for nonresidents shall apply only to those
vehicles which are most frequently dispatched, garaged,
serviced, maintained, and operated from the user’s place of
business in another state; and in respect to the use by the
holder of a carrier permit issued by the Interstate Commerce
Commission or its successor agency of any motor vehicle or
trailer whether owned by or leased with or without driver to
the permit holder and used in substantial part in the normal
and ordinary course of the user’s business for transporting
therein persons or property for hire across the boundaries of
(2002 Ed.)
Use Tax
this state; and in respect to the use of any motor vehicle or
trailer while being operated under the authority of a onetransit permit issued by the director of licensing pursuant to
RCW 46.16.160 and moving upon the highways from the
point of delivery in this state to a point outside this state;
and in respect to the use of tangible personal property which
becomes a component part of any motor vehicle or trailer
used by the holder of a carrier permit issued by the Interstate
Commerce Commission or its successor agency authorizing
transportation by motor vehicle across the boundaries of this
state whether such motor vehicle or trailer is owned by or
leased with or without driver to the permit holder. [1998 c
311 § 7; 1995 c 63 § 2; 1980 c 37 § 54. Formerly RCW
82.12.030(4).]
Effective date—1995 c 63: See note following RCW 82.08.0263.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.02545 Exemption—Use of naval aircraft
training equipment transferred due to base closure. The
provisions of this chapter shall not apply in respect to the
use of naval aircraft training equipment transferred to
Washington state from another naval installation in another
state as a result of the base closure act, P.L. 101-510, as
amended by P.L. 102-311, 102-484, 103-160, 103-337, and
103-421. [1995 c 128 § 1.]
Effective date—1995 c 128: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 20, 1995]." [1995 c 128 § 2.]
82.12.0255 Exemptions—Nontaxable tangible
personal property. The provisions of this chapter shall not
apply in respect to the use of any article of tangible personal
property which the state is prohibited from taxing under the
Constitution of the state or under the Constitution or laws of
the United States. [1980 c 37 § 55. Formerly RCW
82.12.030(5).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0256 Exemptions—Use of motor vehicle and
special fuel—Conditions. The provisions of this chapter
shall not apply in respect to the use of:
(1) Motor vehicle fuel used in aircraft by the manufacturer thereof for research, development, and testing purposes;
and
(2) Special fuel purchased in this state upon which a
refund is obtained as provided in RCW 82.38.180(2); and
(3) Motor vehicle and special fuel if:
(a) The fuel is used for the purpose of public transportation and the purchaser is entitled to a refund or an exemption
under RCW 82.36.275 or 82.38.080(3); or
(b) The fuel is purchased by a private, nonprofit
transportation provider certified under chapter 81.66 RCW
and the purchaser is entitled to a refund or an exemption
under RCW 82.36.285 or 82.38.080(1)(h); or
(c) The fuel is taxable under chapter 82.36 or 82.38
RCW: PROVIDED, That the use of motor vehicle and
special fuel upon which a refund of the applicable fuel tax
is obtained shall not be exempt under this subsection (3)(c),
and the director of licensing shall deduct from the amount of
such tax to be refunded the amount of tax due under this
(2002 Ed.)
82.12.0254
chapter and remit the same each month to the department of
revenue. [1998 c 176 § 5. Prior: 1983 1st ex.s. c 35 § 3;
1983 c 108 § 2; 1980 c 147 § 2; 1980 c 37 § 56. Formerly
RCW 82.12.030(6).]
Rules—Findings—Effective date—1998 c 176: See RCW
82.36.800, 82.36.900, and 82.36.901.
Intent—1983 1st ex.s. c 35: See note following RCW 82.08.0255.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.02565 Exemptions—Machinery and equipment used for manufacturing, research and development,
or a testing operation. The provisions of this chapter shall
not apply in respect to the use by a manufacturer or processor for hire of machinery and equipment used directly in a
manufacturing operation or research and development
operation or to the use by a person engaged in testing for a
manufacturer or processor for hire of machinery and equipment used directly in a testing operation. [1999 c 211 § 6;
1998 c 330 § 2; 1996 c 247 § 3; 1995 1st sp.s. c 3 § 3.]
Finding—Intent—1999 c 211: See note following RCW
82.08.02565.
Findings—Intent—1996 c 247: See note following RCW
82.08.02566.
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
82.12.02566 Exemptions—Use of tangible personal
property incorporated in prototype for aircraft parts,
auxiliary equipment, and aircraft modification—
Limitations on yearly exemption. (1) The provisions of
this chapter shall not apply with respect to the use of
tangible personal property incorporated into a prototype for
aircraft parts, auxiliary equipment, or modifications; or in
respect to the use of tangible personal property that at one
time is incorporated into the prototype but is later destroyed
in the testing or development of the prototype.
(2) This exemption does not apply in respect to the use
of tangible personal property by any person whose total
taxable amount during the immediately preceding calendar
year exceeds twenty million dollars. For purposes of this
section, "total taxable amount" means gross income of the
business and value of products manufactured, less any
amounts for which a credit is allowed under RCW
82.04.440.
(3) State and local taxes for which an exemption is
received under this section and RCW 82.08.02566 shall not
exceed one hundred thousand dollars for any person during
any calendar year. [1997 c 302 § 2; 1996 c 247 § 5.]
Effective date—1997 c 302: See note following RCW 82.08.02566.
Findings—Intent—1996 c 247: See note following RCW
82.08.02566.
82.12.02567 Exemptions—Use of machinery and
equipment used in generating electricity. (Expires June
30, 2009.) (1) The provisions of this chapter shall not apply
with respect to machinery and equipment used directly in
generating not less than two hundred watts of electricity
using wind, sun, or landfill gas as the principal source of
power.
(2) The definitions in RCW 82.08.02567 apply to this
section.
[Title 82 RCW—page 83]
82.12.02567
Title 82 RCW: Excise Taxes
(3) This section expires June 30, 2009. [2001 c 213 §
2; 1999 c 358 § 10; 1998 c 309 § 2; 1996 c 166 § 2.]
Effective date—2001 c 213: See note following RCW 82.08.02567.
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Effective date—1998 c 309: See note following RCW 82.08.02567.
Effective date—1996 c 166: See note following RCW 82.08.02567.
82.12.02568 Exemptions—Use of carbon and similar
substances that become an ingredient or component of
anodes or cathodes used in producing aluminum for sale.
The provisions of this chapter shall not apply in respect to
the use of carbon, petroleum coke, coal tar, pitch, and
similar substances that become an ingredient or component
of anodes or cathodes used in producing aluminum for sale.
[1996 c 170 § 2.]
Effective date—1996 c 170: See note following RCW 82.08.02568.
82.12.02569 Exemptions—Use of tangible personal
property related to a building or structure that is an
integral part of a laser interferometer gravitational wave
observatory. The provisions of this chapter shall not apply
in respect to the use of tangible personal property by a
consumer as defined in RCW 82.04.190(6) if the tangible
personal property is incorporated into, installed in, or
attached to a building or other structure that is an integral
part of a laser interferometer gravitational wave observatory
on which construction is commenced before December 1,
1996. [1996 c 113 § 2.]
Effective date—1996 c 113: See note following RCW 82.08.02569.
82.12.0257 Exemptions—Use of tangible personal
property of the operating property of a public utility by
state or political subdivision. The provisions of this
chapter shall not apply in respect to the use of any article of
tangible personal property included within the transfer of the
title to the entire operating property of a publicly or privately
owned public utility, or of a complete operating integral
section thereof, by the state or a political subdivision thereof
in conducting any business defined in RCW 82.16.010 (1),
(2), (3), (4), (5), (6), (7), (8), (9), (10), or (11). [1980 c 37
§ 57. Formerly RCW 82.12.030(7).]
United States and whose principal purposes are to furnish
volunteer aid to members of the armed forces of the United
States and also to carry on a system of national and international relief and to apply the same in mitigating the sufferings caused by pestilence, famine, fire, flood, and other
national calamities and to devise and carry on measures for
preventing the same. [1980 c 37 § 59. Formerly RCW
82.12.030(9).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.02595 Exemptions—Use of donated tangible
personal property by nonprofit organization or governmental entity or for purpose donated—Use of related
property. (1) This chapter does not apply to the use by a
nonprofit charitable organization or state or local governmental entity of any item of tangible personal property that has
been donated to the nonprofit charitable organization or state
or local governmental entity, or to the subsequent use of the
property by a person to whom the property is donated or
bailed in furtherance of the purpose for which the property
was originally donated.
(2) This chapter does not apply to the donation of
tangible personal property without intervening use to a
nonprofit charitable organization, or to the incorporation of
tangible personal property without intervening use into real
or personal property of or for a nonprofit charitable organization in the course of installing, repairing, cleaning,
altering, imprinting, improving, constructing, or decorating
the real or personal property for no charge. [1998 c 182 §
1; 1995 c 201 § 1.]
Effective date—1995 c 201: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 1, 1995]." [1995 c 201 § 2.]
82.12.0261 Exemptions—Use of livestock. The
provisions of this chapter shall not apply in respect to the
use of livestock, as defined in RCW 16.36.005, for breeding
purposes where said animals are registered in a nationally
recognized breed association; or to sales of cattle and milk
cows used on the farm. [2001 c 118 § 5; 1980 c 37 § 60.
Formerly RCW 82.12.030(10).]
Intent—1980 c 37: See note following RCW 82.04.4281.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0258 Exemptions—Use of tangible personal
property previously used in farming and purchased from
farmer at auction. The provisions of this chapter shall not
apply in respect to the use of tangible personal property
(including household goods) which have been used in
conducting a farm activity, if such property was purchased
from a farmer at an auction sale held or conducted by an
auctioneer upon a farm and not otherwise. [1980 c 37 § 58.
Formerly RCW 82.12.030(8).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0259 Exemptions—Use of tangible personal
property by federal corporations providing aid and relief.
The provisions of this chapter shall not apply in respect to
the use of tangible personal property by corporations which
have been incorporated under any act of the congress of the
[Title 82 RCW—page 84]
82.12.0262 Exemptions—Use of poultry for producing poultry and poultry products for sale. The provisions
of this chapter shall not apply in respect to the use of poultry
in the production for sale of poultry or poultry products.
[1980 c 37 § 61. Formerly RCW 82.12.030(11).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0263 Exemptions—Use of fuel by extractor or
manufacturer thereof. The provisions of this chapter shall
not apply in respect to the use of fuel by the extractor or
manufacturer thereof when used directly in the operation of
the particular extractive operation or manufacturing plant
which produced or manufactured the same. [1980 c 37 § 62.
Formerly RCW 82.12.030(12).]
Intent—1980 c 37: See note following RCW 82.04.4281.
(2002 Ed.)
Use Tax
82.12.0264 Exemptions—Use of dual-controlled
motor vehicles by school for driver training. The provisions of this chapter shall not apply in respect to the use of
motor vehicles, equipped with dual controls, which are
loaned to and used exclusively by a school in connection
with its driver training program: PROVIDED, That this exemption and the term "school" shall apply only to (1) the
University of Washington, Washington State University, the
regional universities, The Evergreen State College and the
state community colleges or (2) any public, private or
parochial school accredited by either the state board of
education or by the University of Washington (the state
accrediting station) or (3) any public vocational school
meeting the standards, courses and requirements established
and prescribed or approved in accordance with the Community College Act of 1967 (chapter 8, Laws of 1967 first
extraordinary session). [1980 c 37 § 63. Formerly RCW
82.12.030(13).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0265 Exemptions—Use by bailee of tangible
personal property consumed in research, development,
etc., activities. The provisions of this chapter shall not
apply in respect to the use by a bailee of any article of
tangible personal property which is entirely consumed in the
course of research, development, experimental and testing
activities conducted by the user, provided the acquisition or
use of such articles by the bailor was not subject to the taxes
imposed by chapter 82.08 RCW or chapter 82.12 RCW.
[1980 c 37 § 64. Formerly RCW 82.12.030(14).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0266 Exemptions—Use by residents of motor
vehicles and trailers acquired and used while members of
the armed services and stationed outside the state. The
provisions of this chapter shall not apply in respect to the
use by residents of this state of motor vehicles and trailers
acquired and used while such persons are members of the
armed services and are stationed outside this state pursuant
to military orders, but this exemption shall not apply to
members of the armed services called to active duty for
training purposes for periods of less than six months and
shall not apply to the use of motor vehicles or trailers
acquired less than thirty days prior to the discharge or
release from active duty of any person from the armed services. [1980 c 37 § 65. Formerly RCW 82.12.030(15).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0267 Exemptions—Use of semen in artificial
insemination of livestock. The provisions of this chapter
shall not apply in respect to the use of semen in the artificial
insemination of livestock. [1980 c 37 § 66. Formerly RCW
82.12.030(16).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0268 Exemptions—Use of form lumber by
persons engaged in constructing, repairing, etc., structures for consumers. The provisions of this chapter shall
not apply in respect to the use of form lumber by any person
engaged in the constructing, repairing, decorating or improving of new or existing buildings or other structures under,
(2002 Ed.)
82.12.0264
upon or above real property of or for consumers: PROVIDED, That such lumber is used or to be used first by such
person for the molding of concrete in a single such contract,
project or job and is thereafter incorporated into the product
of that same contract, project or job as an ingredient or
component thereof. [1980 c 37 § 67. Formerly RCW
82.12.030(17).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.02685 Exemptions—Use of tangible personal
property related to agricultural employee housing. (1)
The provisions of this chapter shall not apply in respect to
the use of tangible personal property that becomes an
ingredient or component of buildings or other structures used
as agricultural employee housing during the course of constructing, repairing, decorating, or improving the buildings or
other structures by any person.
(2) The exemption provided in this section for agricultural employee housing provided to year-round employees of
the agricultural employer, only applies if that housing is built
to the current building code for single-family or multifamily
dwellings according to the state building code, chapter 19.27
RCW.
(3) Any agricultural employee housing built under this
section shall be used according to this section for at least
five consecutive years from the date the housing is approved
for occupancy, or the full amount of a tax otherwise due
shall be immediately due and payable together with interest,
but not penalties, from the date the housing is approved for
occupancy until the date of payment. If at any time agricultural employee housing that is not located on agricultural
land ceases to be used in the manner specified in subsection
(2) of this section, the full amount of tax otherwise due shall
be immediately due and payable with interest, but not
penalties, from the date the housing ceases to be used as
agricultural employee housing until the date of payment.
(4) The exemption provided in this section shall not
apply to housing built for the occupancy of an employer,
family members of an employer, or persons owning stock or
shares in a farm partnership or corporation business.
(5) The definitions in RCW 82.08.02745(5) apply to this
section. [1997 c 438 § 2; 1996 c 117 § 2.]
Effective date—1997 c 438: See note following RCW 82.08.02745.
Effective date—1996 c 117: See note following RCW 82.08.02745.
82.12.0269 Exemptions—Use of sand, gravel, or
rock to extent of labor and service charges for mining,
sorting, crushing, etc., thereof from county or city quarry
for public road purposes. The provisions of this chapter
shall not apply in respect to the use of any sand, gravel, or
rock to the extent of the cost of or charges made for labor
and services performed in respect to the mining, sorting,
crushing, screening, washing, hauling, and stockpiling such
sand, gravel, or rock, when such sand, gravel, or rock is
taken from a pit or quarry which is owned by or leased to a
county or a city, and such sand, gravel, or rock is (1) either
stockpiled in said pit or quarry for placement or is placed on
the street, road, place, or highway of the county or city by
the county or city itself, or (2) sold by the county or city to
a county, or a city at actual cost for placement on a publicly
owned street, road, place, or highway. The exemption
[Title 82 RCW—page 85]
82.12.0269
Title 82 RCW: Excise Taxes
provided for in this section shall not apply to the use of such
material to the extent of the cost of or charge made for such
labor and services, if the material is used for other than
public road purposes or is sold otherwise than as provided
for in this section. [1980 c 37 § 68. Formerly RCW
82.12.030(18).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0271 Exemptions—Use of wearing apparel
only as a sample for display for sale. The provisions of
this chapter shall not apply in respect to the use of wearing
apparel only as a sample for display for the purpose of
effecting sales of goods represented by such sample. [1980
c 37 § 69. Formerly RCW 82.12.030(19).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0272 Exemptions—Use of tangible personal
property in single trade shows. The provisions of this
chapter shall not apply in respect to the use of tangible
personal property held for sale and displayed in single trade
shows for a period not in excess of thirty days, the primary
purpose of which is to promote the sale of products or
services. [1980 c 37 § 70. Formerly RCW 82.12.030(20).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0273 Exemptions—Use of pollen. The provisions of this chapter shall not apply in respect to the use of
pollen. [1980 c 37 § 71. Formerly RCW 82.12.030(21).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0274 Exemptions—Use of tangible personal
property by political subdivision resulting from annexation or incorporation. The provisions of this chapter shall
not apply in respect to the use of the personal property of
one political subdivision by another political subdivision
directly or indirectly arising out of or resulting from the
annexation or incorporation of any part of the territory of
one political subdivision by another. [1980 c 37 § 72.
Formerly RCW 82.12.030(22).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.02745 Exemptions—Use by free hospitals of
certain items. (1) The provisions of this chapter shall not
apply in respect to the use by free hospitals of items reasonably necessary for the operation of, and provision of health
care by, free hospitals.
(2) As used in this section, "free hospital" means a
hospital that does not charge patients for health care provided by the hospital. [1993 c 205 § 2.]
Effective date—1993 c 205: See note following RCW 82.08.02795.
82.12.02747 Exemptions—Use by blood, bone, or
tissue bank—Exceptions. The provisions of this chapter do
not apply in respect to the use of medical supplies, chemicals, or materials by a blood, bone, or tissue bank. The
definitions in RCW 82.04.324 apply to this section. The
exemption in this section does not apply to the use of
construction materials, office equipment, building equipment,
administrative supplies, or vehicles. [1995 2nd sp.s. c 9 §
5.]
[Title 82 RCW—page 86]
Effective date—1995 2nd sp.s. c 9: See note following RCW
84.36.035.
82.12.02748 Exemptions—Use of human blood,
tissue, organs, bodies, or body parts for medical research
or quality control testing. The provisions of this chapter
shall not apply in respect to the use of human blood, tissue,
organs, bodies, or body parts for medical research and
quality control testing purposes. [1996 c 141 § 2.]
Effective date—1996 c 141: See note following RCW 82.08.02806.
82.12.02749 Exemptions—Use of medical supplies,
chemicals, or materials by organ procurement organization. The tax levied by RCW 82.08.020 shall not apply to
the use of medical supplies, chemicals, or materials by an
organ procurement organization exempt under RCW
82.04.326. The definitions of medical supplies, chemicals,
and materials in RCW 82.04.324 apply to this section. This
exemption does not apply to the use of construction materials, office equipment, building equipment, administrative
supplies, or vehicles. [2002 c 113 § 3.]
Effective date—2002 c 113: See note following RCW 82.04.326.
82.12.0275 Exemptions—Use of prescription drugs.
The provisions of this chapter shall not apply in respect to
the use of prescription drugs, including the use by the state
or a political subdivision or municipal corporation thereof of
drugs to be dispensed to patients by prescription without
charge. The term "prescription drugs" shall include any
medicine, drug, prescription lens, or other substance other
than food for use in the diagnosis, cure, mitigation, treatment, or prevention of disease or other ailment in humans,
or for use for family planning purposes, including the
prevention of conception, supplied:
(1) By a family planning clinic that is under contract
with the department of health to provide family planning
services; or
(2) Under the written prescription to a pharmacist by a
practitioner authorized by law of this state or laws of another
jurisdiction to issue prescriptions; or
(3) Upon an oral prescription of such practitioner which
is reduced promptly to writing and filed by a duly licensed
pharmacist; or
(4) By refilling any such written or oral prescription if
such refilling is authorized by the prescriber either in the
original prescription or by oral order which is reduced
promptly to writing and filed by the pharmacist; or
(5) By physicians or optometrists by way of written
directions and specifications for the preparation, grinding,
and fabrication of lenses intended to aid or correct visual
defects or anomalies of humans. [1993 sp.s. c 25 § 309;
1980 c 37 § 73. Formerly RCW 82.12.030(23).]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Finding—1993 sp.s. c 25: See note following RCW 82.08.0281.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0276 Exemptions—Use of returnable containers for beverages and foods. The provisions of this chapter
shall not apply in respect to the use of returnable containers
for beverages and foods, including but not limited to soft
(2002 Ed.)
Use Tax
drinks, milk, beer, and mixers. [1980 c 37 § 74. Formerly
RCW 82.12.030(24).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0277 Exemptions—Use of certain medical
items. The provisions of this chapter shall not apply in
respect to the use of insulin; prosthetic devices and the
components thereof; dental appliances, devices, restorations,
and substitutes, and the components thereof, including but
not limited to full and partial dentures, crowns, inlays,
fillings, braces, and retainers; orthotic devices prescribed for
an individual by a person licensed under chapters 18.22,
18.25, 18.57, or 18.71 RCW; hearing instruments dispensed
or fitted by a person licensed or certified under chapter
18.35 RCW, and the components thereof; medicines of
mineral, animal, and botanical origin prescribed, administered, dispensed, or used in the treatment of an individual by
a person licensed under chapter 18.36A RCW; ostomic
items; and medically prescribed oxygen, including, but not
limited to, oxygen concentrator systems, oxygen enricher
systems, liquid oxygen systems, and gaseous, bottled oxygen
systems prescribed for an individual by a person licensed
under chapter 18.57 or 18.71 RCW for use in the medical
treatment of that individual. [2001 c 75 § 2; 1998 c 168 §
3; 1997 c 224 § 2; 1996 c 162 § 2; 1991 c 250 § 3; 1986 c
255 § 2; 1980 c 86 § 2; 1980 c 37 § 75. Formerly RCW
82.12.030(25).]
Effective date—2001 c 75: See note following RCW 82.08.0283.
Effective date—1998 c 168: See note following RCW 82.04.120.
Effective date—1997 c 224: See note following RCW 82.08.0283.
Effective date—1996 c 162: See note following RCW 82.08.0283.
Finding—Intent—1991 c 250: See note following RCW 82.08.0283.
Effective date—1986 c 255: See note following RCW 82.08.0283.
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0279 Exemptions—Use of ferry vessels by the
state or local governmental units—Components thereof.
The provisions of this chapter shall not apply in respect to
the use of ferry vessels of the state of Washington or of
local governmental units in the state of Washington in
transporting pedestrian or vehicular traffic within and outside
the territorial waters of the state and in respect to the use of
tangible personal property which becomes a component part
of any such ferry vessel. [1980 c 37 § 77. Formerly RCW
82.12.030(27).]
Intent—1980 c 37: See note following RCW 82.04.4281.
82.12.0282 Exemptions—Use of vans as ride-sharing
vehicles. The tax imposed by this chapter shall not apply
with respect to the use of passenger motor vehicles used as
ride-sharing vehicles by not less than five persons, including
the driver, with a gross vehicle weight not to exceed 10,000
pounds where the primary usage is for commuter ridesharing, as defined in RCW 46.74.010, by not less than four
persons including the driver when at least two of those
persons are confined to wheelchairs when riding, or passenger motor vehicles where the primary usage is for ridesharing for persons with special transportation needs, as defined in RCW 46.74.010, if the vehicles are used as ridesharing vehicles for thirty-six consecutive months beginning
with the date of first use.
(2002 Ed.)
82.12.0276
To qualify for the tax exemption, those passenger motor
vehicles with five or six passengers, including the driver,
used for commuter ride-sharing, must be operated either
within the state’s eight largest counties that are required to
develop commute trip reduction plans as directed by chapter
70.94 RCW or in other counties, or cities and towns within
those counties, that elect to adopt and implement a commute
trip reduction plan. Additionally at least one of the following conditions must apply: (1) The vehicle must be operated
by a public transportation agency for the general public; or
(2) the vehicle must be used by a major employer, as
defined in RCW 70.94.524 as an element of its commute trip
reduction program for their employees; or (3) the vehicle
must be owned and operated by individual employees and
must be registered either with the employer as part of its
commute trip reduction program or with a public transportation agency serving the area where the employees live or
work. Individual employee owned and operated motor
vehicles will require certification that the vehicle is registered with a major employer or a public transportation
agency. Major employers who own and operate motor
vehicles for their employees must certify that the commuter
ride-sharing arrangement conforms to a carpool/vanpool
element contained within their commute trip reduction
program. [2001 c 320 § 5; 1999 c 358 § 11; 1996 c 88 § 4;
1993 c 488 § 4; 1980 c 166 § 2.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Construction—1996 c 88: "This act shall not be construed as
affecting any existing right acquired or liability or obligation incurred under
the sections amended or repealed in this act or under any rule or order
adopted under those sections, nor as affecting any proceeding instituted
under those sections." [1996 c 88 § 5.]
Severability—1996 c 88: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1996 c 88 § 6.]
Effective date—1996 c 88: "This act shall take effect July 1, 1996."
[1996 c 88 § 7.]
Finding—Annual recertification rule—Report—1993 c 488: See
notes following RCW 82.08.0287.
Severability—1980 c 166: See note following RCW 82.08.0287.
Ride-sharing vehicles—Special plates: RCW 46.16.023.
82.12.0283 Exemptions—Use of certain irrigation
equipment. The provisions of this chapter shall not apply
to the use of irrigation equipment if:
(1) The irrigation equipment was purchased by the
lessor for the purpose of irrigating land controlled by the
lessor;
(2) The lessor has paid tax under RCW 82.08.020 or
82.12.020 in respect to the irrigation equipment;
(3) The irrigation equipment is attached to the land in
whole or in part; and
(4) The irrigation equipment is leased to the lessee as an
incidental part of the lease of the underlying land to the
lessee and is used solely on such land. [1983 1st ex.s. c 55
§ 6.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
[Title 82 RCW—page 87]
82.12.0284
Title 82 RCW: Excise Taxes
82.12.0284 Exemptions—Use of computers or
computer components, accessories, or software donated
to schools or colleges. The provisions of this chapter shall
not apply in respect to the use of computers, computer
components, computer accessories, or computer software
irrevocably donated to any public or private nonprofit school
or college, as defined under chapter 84.36 RCW, in this
state. For purposes of this section, "computer" means a data
processor that can perform substantial computation, including
numerous arithmetic or logic operations, without intervention
by a human operator during the run. [1983 1st ex.s. c 55 §
7.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
82.12.02915 Exemptions—Use of items by health or
social welfare organizations for alternative housing for
youth in crisis. The provisions of this chapter shall not
apply in respect to the use of any item acquired by a health
or social welfare organization, as defined in RCW 82.04.431,
of items necessary for new construction of alternative
housing for youth in crisis, so long as the facility will be a
licensed agency under chapter 74.15 RCW, upon completion.
[1998 c 183 § 2; 1997 c 386 § 57; 1995 c 346 § 2.]
Effective date—1997 c 386 §§ 56, 57: See note following RCW
82.08.02915.
Effective date—1995 c 346: See note following RCW 82.08.02915.
Youth in crisis—Definition—Limited purpose: RCW 82.08.02917.
82.12.02917 Exemptions—Use of amusement and
recreation services by nonprofit youth organization. The
provisions of this chapter shall not apply in respect to the
use of amusement and recreation services by a nonprofit
youth organization, as defined in RCW 82.04.4271, to
members of the organization. [1999 c 358 § 7.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
82.12.0293 Exemptions—Use of food products for
human consumption. (1) The provisions of this chapter
shall not apply in respect to the use of food products for
human consumption.
"Food products" include cereals and cereal products,
oleomargarine, meat and meat products including livestock
sold for personal consumption, fish and fish products, eggs
and egg products, vegetables and vegetable products, fruit
and fruit products, spices and salt, sugar and sugar products,
coffee and coffee substitutes, tea, cocoa and cocoa products.
"Food products" include milk and milk products, milk
shakes, malted milks, and any other similar type beverages
which are composed at least in part of milk or a milk
product and which require the use of milk or a milk product
in their preparation.
"Food products" include all fruit juices, vegetable juices,
and other beverages except bottled water, spirituous, malt or
vinous liquors or carbonated beverages, whether liquid or
frozen.
"Food products" do not include medicines and preparations in liquid, powdered, granular, tablet, capsule, lozenge,
and pill form sold as dietary supplements or adjuncts.
[Title 82 RCW—page 88]
(2) The exemption of "food products" provided for in
subsection (1) of this section shall not apply: (a) When the
food products are ordinarily sold for immediate consumption
on or near a location at which parking facilities are provided
primarily for the use of patrons in consuming the products
purchased at the location, even though such products are sold
on a "takeout" or "to go" order and are actually packaged or
wrapped and taken from the premises of the retailer, or (b)
when the food products are sold for consumption within a
place, the entrance to which is subject to an admission
charge, except for national and state parks and monuments,
or (c) to a food product, when sold by the retail vendor,
which by law must be handled on the vendor’s premises by
a person with a food and beverage service worker’s permit
under RCW 69.06.010, including but not be limited to
sandwiches prepared or chicken cooked on the premises, deli
trays, home-delivered pizzas or meals, and salad bars but excluding:
(i) Raw meat prepared by persons who slaughter
animals, including fish and fowl, or dress or wrap slaughtered raw meat such as fish mongers, butchers, or meat
wrappers;
(ii) Meat and cheese sliced and/or wrapped, in any
quantity determined by the buyer, sold by vendors such as
meat markets, delicatessens, and grocery stores;
(iii) Bakeries which only sell baked goods;
(iv) Combination bakery businesses, as prescribed by
rule of the department, to the extent that sales of baked
goods are separately accounted for and the baked goods
claimed for exemption are not sold as part of meals or with
beverages in unsealed containers; or
(v) Bulk food products sold from bins or barrels,
including but not limited to flour, fruits, vegetables, sugar,
salt, candy, chips, and cocoa.
(3) Notwithstanding anything in this section to the
contrary, the exemption of "food products" provided in this
section shall apply to food products which are furnished,
prepared, or served as meals:
(a) Under a state administered nutrition program for the
aged as provided for in the Older Americans Act (P.L. 95478 Title III) and RCW 74.38.040(6); or
(b) Which are provided to senior citizens, disabled
persons, or low-income persons by a not-for-profit organization organized under chapter 24.03 or 24.12 RCW. [1988 c
103 § 2; 1986 c 182 § 2; 1985 c 104 § 2; 1982 1st ex.s. c
35 § 34.]
Effective date—1988 c 103: See note following RCW 82.08.0293.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
82.12.0294 Exemptions—Use of feed for cultivating
or raising fish for sale. The provisions of this chapter shall
not apply in respect to the use of feed by persons for the
cultivating or raising for sale of fish entirely within confined
rearing areas on the person’s own land or on land in which
the person has a present right of possession. [1985 c 148 §
4.]
82.12.0295 Exemptions—Lease amounts and
repurchase amount for certain property under
sale/leaseback agreement. The provisions of this chapter
(2002 Ed.)
Use Tax
shall not apply with respect to lease amounts paid by a
seller/lessee to a lessor after April 3, 1986, under a
sale/leaseback agreement in respect to property, including
equipment and components, used by the seller/lessee primarily in the business of canning, preserving, freezing, or
dehydrating fresh fruits, vegetables, and fish, nor to the
purchase amount paid by the lessee pursuant to an option to
purchase at the end of the lease term: PROVIDED, That the
seller/lessee previously paid the tax imposed by this chapter
or chapter 82.08 RCW at the time of acquisition of the
property, including equipment and components. [1986 c 231
§ 4.]
82.12.0296 Exemptions—Use of feed consumed by
livestock at a public livestock market. The provisions of
this chapter shall not apply with respect to the use of feed
consumed by livestock at a public livestock market. [1986
c 265 § 2.]
82.12.0297 Exemptions—Use of food purchased
with food stamps. The provisions of this chapter shall not
apply with respect to the use of eligible foods which are
purchased with coupons issued under the food stamp act of
1977 or food stamp or coupon benefits transferred electronically, notwithstanding anything to the contrary in RCW
82.12.0293.
As used in this section, "eligible foods" shall have the
same meaning as that established under federal law for
purposes of the food stamp act of 1977. [1998 c 79 § 19;
1987 c 28 § 2.]
Effective date—1987 c 28: See note following RCW 82.08.0297.
82.12.0298 Exemptions—Use of diesel fuel in
operating watercraft in commercial deep sea fishing or
commercial passenger fishing boat operations outside the
state. The provisions of this chapter shall not apply with
respect to the use of diesel fuel in the operation of watercraft
in commercial deep sea fishing operations or commercial
passenger fishing boat operations by persons who are
regularly engaged in the business of commercial deep sea
fishing or commercial passenger fishing boat operations
outside the territorial waters of this state.
For purposes of this section, a person is not regularly
engaged in the business of commercial deep sea fishing or
the operation of a commercial passenger fishing boat if the
person has gross receipts from these operations of less than
five thousand dollars a year. [1987 c 494 § 2.]
82.12.031 Exemptions—Use by artistic or cultural
organizations of certain objects. The provisions of this
chapter shall not apply in respect to the use by artistic or
cultural organizations of:
(1) Objects of art;
(2) Objects of cultural value;
(3) Objects to be used in the creation of a work of art,
other than tools; or
(4) Objects to be used in displaying art objects or
presenting artistic or cultural exhibitions or performances.
[1981 c 140 § 5.]
"Artistic or cultural organization" defined: RCW 82.04.4328.
(2002 Ed.)
82.12.0295
82.12.0311 Exemptions—Use of materials and
supplies in packing horticultural products. The provisions
of this chapter shall not apply with respect to the use of
materials and supplies directly used in the packing of fresh
perishable horticultural products by any person entitled to a
deduction under RCW 82.04.4287 either as an agent or an
independent contractor. [1988 c 68 § 2.]
82.12.0315 Exemptions—Rental or sales related to
motion picture or video productions—Exceptions. (1)
The provisions of this chapter shall not apply in respect to
the use of:
(a) Production equipment rented to a motion picture or
video production business;
(b) Production equipment acquired and used by a
motion picture or video production business in another state,
if the acquisition and use occurred more than ninety days
before the time the motion picture or video production business entered this state.
(2) As used in this section, "production equipment" and
"motion picture or video production business" have the
meanings given in RCW 82.08.0315.
(3) The exemption provided for in this section shall not
apply to the use of production equipment rented to, or
production equipment acquired and used by, a motion picture
or video production business that is engaged, to any degree,
in the production of erotic material, as defined in RCW
9.68.050. [1995 2nd sp.s. c 5 § 2.]
Effective date—1995 2nd sp.s. c 5: See note following RCW
82.08.0315.
82.12.0316 Exemptions—Sales of cigarettes by
Indian retailer under cigarette tax contracts. The provisions of this chapter shall not apply in respect to the use
of cigarettes sold by an Indian retailer during the effective
period of a cigarette tax contract subject to RCW 43.06.455.
[2001 c 235 § 5.]
Intent—Finding—2001 c 235: See RCW 43.06.450.
82.12.032 Exemption—Use of used park model
trailers. The provisions of this chapter shall not apply with
respect to the use of used park model trailers, as defined in
RCW 82.45.032. [2001 c 282 § 4.]
Intent—Effective date—2001 c 282: See notes following RCW
82.08.032.
82.12.033 Exemption—Use of certain used mobile
homes. The tax imposed by RCW 82.12.020 shall not apply
in respect to:
(1) The use of used mobile homes as defined in RCW
82.45.032.
(2) The use of a mobile home acquired by renting or
leasing if the rental agreement or lease exceeds thirty days
in duration and if the rental or lease of the mobile home is
not conducted jointly with the provision of short-term
lodging for transients. [1986 c 211 § 3; 1979 ex.s. c 266 §
4.]
82.12.034 Exemption—Use of used floating homes.
The provisions of this chapter shall not apply with respect to
[Title 82 RCW—page 89]
82.12.034
Title 82 RCW: Excise Taxes
the use of used floating homes, as defined in RCW
82.45.032. [1984 c 192 § 4.]
82.12.0345 Exemptions—Use of newspapers. The
tax imposed by RCW 82.12.020 shall not apply in respect to
the use of newspapers. [1994 c 124 § 11.]
82.12.0347 Exemptions—Use of academic transcripts. The provisions of this chapter shall not apply in
respect to the use of academic transcripts. [1996 c 272 § 3.]
Effective date—1996 c 272: See note following RCW 82.04.399.
82.12.035 Credit for retail sales or use taxes paid to
other jurisdictions with respect to property used. A
credit shall be allowed against the taxes imposed by this
chapter upon the use of tangible personal property, or
services taxable under RCW 82.04.050 (2)(a) or (3)(a), in
the state of Washington in the amount that the present user
thereof or his or her bailor or donor has paid a retail sales or
use tax with respect to such property to any other state of
the United States, any political subdivision thereof, the
District of Columbia, and any foreign country or political
subdivision thereof, prior to the use of such property in
Washington. [2002 c 367 § 5; 1996 c 148 § 6; 1987 c 27 §
2; 1967 ex.s. c 89 § 5.]
Severability—Effective date—2002 c 367: See notes following
RCW 82.04.060.
Severability—Effective date—1996 c 148: See notes following
RCW 82.04.050.
82.12.036 Exemptions and credits—Pollution
control facilities. See chapter 82.34 RCW.
82.12.037 Credits and refunds—Debts deductible as
worthless. A seller is entitled to a credit or refund for use
taxes previously paid on debts which are deductible as
worthless for federal income tax purposes. [1982 1st ex.s.
c 35 § 36.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
82.12.038 Exemptions—Vehicle battery core
deposits or credits—Replacement vehicle tire fees—"Core
deposits or credits" defined. The provisions of this chapter
shall not apply: (1) To the value of core deposits or credits
in a retail or wholesale sale; or (2) to the fees imposed under
RCW 70.95.510 upon the sale of a new replacement vehicle
tire. For purposes of this section, the term "core deposits or
credits" means the amount representing the value of returnable products such as batteries, starters, brakes, and other
products with returnable value added for the purpose of
recycling or remanufacturing. [1989 c 431 § 46.]
Severability—Section captions not law—1989 c 431: See RCW
70.95.901 and 70.95.902.
82.12.040 Retailers to collect tax—Penalty. (1)
Every person who maintains in this state a place of business
or a stock of goods, or engages in business activities within
this state, shall obtain from the department a certificate of
registration, and shall, at the time of making sales, or
making transfers of either possession or title or both, of
[Title 82 RCW—page 90]
tangible personal property for use in this state, collect from
the purchasers or transferees the tax imposed under this
chapter. For the purposes of this chapter, the phrase
"maintains in this state a place of business" shall include the
solicitation of sales and/or taking of orders by sales agents
or traveling representatives. For the purposes of this chapter,
"engages in business activity within this state" includes every
activity which is sufficient under the Constitution of the
United States for this state to require collection of tax under
this chapter. The department shall in rules specify activities
which constitute engaging in business activity within this
state, and shall keep the rules current with future court
interpretations of the Constitution of the United States.
(2) Every person who engages in this state in the
business of acting as an independent selling agent for
persons who do not hold a valid certificate of registration,
and who receives compensation by reason of sales of
tangible personal property of his principals made for use in
this state, shall, at the time such sales are made, collect from
the purchasers the tax imposed under this chapter, and for
that purpose shall be deemed a retailer as defined in this
chapter.
(3) The tax required to be collected by this chapter shall
be deemed to be held in trust by the retailer until paid to the
department and any retailer who appropriates or converts the
tax collected to his own use or to any use other than the
payment of the tax provided herein to the extent that the
money required to be collected is not available for payment
on the due date as prescribed shall be guilty of a misdemeanor. In case any seller fails to collect the tax herein
imposed or having collected the tax, fails to pay the same to
the department in the manner prescribed, whether such
failure is the result of his own acts or the result of acts or
conditions beyond his control, he shall nevertheless, be
personally liable to the state for the amount of such tax,
unless the seller has taken from the buyer in good faith a
copy of a direct pay permit issued under RCW 82.32.087.
(4) Any retailer who refunds, remits, or rebates to a
purchaser, or transferee, either directly or indirectly, and by
whatever means, all or any part of the tax levied by this
chapter shall be guilty of a misdemeanor. [2001 c 188 § 5;
1986 c 48 § 1; 1971 ex.s. c 299 § 11; 1961 c 293 § 11;
1961 c 15 § 82.12.040. Prior: 1955 c 389 § 27; 1945 c 249
§ 7; 1941 c 178 § 10; 1939 c 225 § 16; Rem. Supp. 1945 §
8370-33; prior: 1935 c 180 § 33.]
Finding—Intent—Effective date—2001 c 188: See notes following
RCW 82.32.087.
Effective date—1986 c 48: "This act shall take effect July 1, 1986."
[1986 c 48 § 2.]
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
Project on exemption reporting requirements: RCW 82.32.440.
82.12.045 Collection of tax on motor vehicles by
county auditor or director of licensing—Remittance.
(Effective unless Referendum Bill No. 51 is approved at the
November 2002 general election.) (1) In the collection of
the use tax on motor vehicles, the department of revenue
may designate the county auditors of the several counties of
the state as its collecting agents. Upon such designation, it
shall be the duty of each county auditor to collect the tax at
the time an applicant applies for the registration of, and
(2002 Ed.)
Use Tax
transfer of title to, the motor vehicle, except in the following
instances:
(a) Where the applicant exhibits a dealer’s report of sale
showing that the retail sales tax has been collected by the
dealer;
(b) Where the application is for the renewal of registration;
(c) Where the applicant presents a written statement
signed by the department of revenue, or its duly authorized
agent showing that no use tax is legally due; or
(d) Where the applicant presents satisfactory evidence
showing that the retail sales tax or the use tax has been paid
by him on the vehicle in question.
(2) The term "motor vehicle," as used in this section
means and includes all motor vehicles, trailers and semitrailers used, or of a type designed primarily to be used, upon
the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for hire or otherwise, of persons or property, including fixed loads, facilities
for human habitation, and vehicles carrying exempt licenses.
(3) It shall be the duty of every applicant for registration
and transfer of certificate of title who is subject to payment
of tax under this section to declare upon his application the
value of the vehicle for which application is made, which
shall consist of the consideration paid or contracted to be
paid therefor.
(4) Each county auditor who acts as agent of the
department of revenue shall at the time of remitting license
fee receipts on motor vehicles subject to the provisions of
this section pay over and account to the state treasurer for all
use tax revenue collected under this section, after first
deducting as his collection fee the sum of two dollars for
each motor vehicle upon which the tax has been collected.
All revenue received by the state treasurer under this section
shall be credited to the general fund. The auditor’s collection fee shall be deposited in the county current expense
fund. A duplicate of the county auditor’s transmittal report
to the state treasurer shall be forwarded forthwith to the
department of revenue.
(5) Any applicant who has paid use tax to a county
auditor under this section may apply to the department of
revenue for refund thereof if he has reason to believe that
such tax was not legally due and owing. No refund shall be
allowed unless application therefor is received by the
department of revenue within the statutory period for
assessment of taxes, penalties, or interest prescribed by RCW
82.32.050(3). Upon receipt of an application for refund the
department of revenue shall consider the same and issue its
order either granting or denying it and if refund is denied the
taxpayer shall have the right of appeal as provided in RCW
82.32.170, 82.32.180 and 82.32.190.
(6) The provisions of this section shall be construed as
cumulative of other methods prescribed in chapters 82.04 to
82.32 RCW, inclusive, for the collection of the tax imposed
by this chapter. The department of revenue shall have
power to promulgate such rules as may be necessary to
administer the provisions of this section. Any duties
required by this section to be performed by the county
auditor may be performed by the director of licensing but no
collection fee shall be deductible by said director in remitting use tax revenue to the state treasurer. [1996 c 149 § 19;
(2002 Ed.)
82.12.045
1983 c 77 § 2; 1979 c 158 § 222; 1969 ex.s. c 10 § 1; 1963
c 21 § 1; 1961 c 15 § 82.12.045. Prior: 1951 c 37 § 1.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
82.12.045 Collection of tax on motor vehicles by
county auditor or director of licensing—Remittance.
(Effective December 30, 2002, if Referendum Bill No. 51
is approved at the November 2002 general election.) (1) In
the collection of the use tax on motor vehicles, the department of revenue may designate the county auditors of the
several counties of the state as its collecting agents. Upon
such designation, it shall be the duty of each county auditor
to collect the tax at the time an applicant applies for the
registration of, and transfer of title to, the motor vehicle,
except in the following instances:
(a) Where the applicant exhibits a dealer’s report of sale
showing that the retail sales tax has been collected by the
dealer;
(b) Where the application is for the renewal of registration;
(c) Where the applicant presents a written statement
signed by the department of revenue, or its duly authorized
agent showing that no use tax is legally due; or
(d) Where the applicant presents satisfactory evidence
showing that the retail sales tax or the use tax has been paid
by the applicant on the vehicle in question.
(2) The term "motor vehicle," as used in this section
means and includes all motor vehicles, trailers and semitrailers used, or of a type designed primarily to be used, upon
the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for hire or otherwise, of persons or property, including fixed loads, facilities
for human habitation, and vehicles carrying exempt licenses.
(3) It shall be the duty of every applicant for registration
and transfer of certificate of title who is subject to payment
of tax under this section to declare upon the application the
value of the vehicle for which application is made, which
shall consist of the consideration paid or contracted to be
paid therefor.
(4) Each county auditor who acts as agent of the
department of revenue shall at the time of remitting license
fee receipts on motor vehicles subject to the provisions of
this section pay over and account to the state treasurer for all
use tax revenue collected under this section, after first
deducting as a collection fee the sum of two dollars for each
motor vehicle upon which the tax has been collected. All
revenue received by the state treasurer under this section
shall be credited to the general fund. The auditor’s collection fee shall be deposited in the county current expense
fund. A duplicate of the county auditor’s transmittal report
to the state treasurer shall be forwarded forthwith to the
department of revenue.
(5) Any applicant who has paid use tax to a county
auditor under this section may apply to the department of
revenue for refund thereof if he or she has reason to believe
that such tax was not legally due and owing. No refund
shall be allowed unless application therefor is received by
the department of revenue within the statutory period for
assessment of taxes, penalties, or interest prescribed by RCW
82.32.050(3). Upon receipt of an application for refund the
department of revenue shall consider the same and issue its
[Title 82 RCW—page 91]
82.12.045
Title 82 RCW: Excise Taxes
order either granting or denying it and if refund is denied the
taxpayer shall have the right of appeal as provided in RCW
82.32.170, 82.32.180 and 82.32.190.
(6) The provisions of this section shall be construed as
cumulative of other methods prescribed in chapters 82.04 to
82.32 RCW, inclusive, for the collection of the tax imposed
by this chapter. The department of revenue shall have
power to promulgate such rules as may be necessary to
administer the provisions of this section. Any duties
required by this section to be performed by the county
auditor may be performed by the director of licensing but no
collection fee shall be deductible by said director in remitting use tax revenue to the state treasurer.
(7) The use tax revenue collected on the rate provided
in RCW 82.08.020(3) will be deposited in the multimodal
transportation account under RCW 47.66.070. [2002 c 202
§ 403; 1996 c 149 § 19; 1983 c 77 § 2; 1979 c 158 § 222;
1969 ex.s. c 10 § 1; 1963 c 21 § 1; 1961 c 15 § 82.12.045.
Prior: 1951 c 37 § 1.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
82.12.060 Installment sales, leases, bailments. In the
case of installment sales and leases of personal property, the
department, by regulation, may provide for the collection of
taxes upon the installments of the purchase price, or amount
of rental, as of the time the same fall due.
In the case of property acquired by bailment, the
department, by regulation, may provide for payment of the
tax due in installments based on the reasonable rental for the
property as determined under RCW 82.12.010(1). [1975 1st
ex.s. c 278 § 54; 1961 c 293 § 16; 1961 c 15 § 82.12.060.
Prior: 1959 ex.s. c 3 § 13; 1959 c 197 § 8; prior: 1941 c
178 § 11, part; Rem. Supp. 1941 § 8370-34a, part.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.12.070 Tax may be paid on cash receipts basis if
books are so kept—Exemption for debts deductible as
worthless. The department of revenue, by general regulation, shall provide that a taxpayer whose regular books of
account are kept on a cash receipts basis may file returns
based upon his cash receipts for each reporting period and
pay the tax herein provided upon such basis in lieu of reporting and paying the tax on all sales made during such period.
A taxpayer filing returns on a cash receipts basis is not
required to pay such tax on debts which are deductible as
worthless for federal income tax purposes. [1982 1st ex.s.
c 35 § 38; 1975 1st ex.s. c 278 § 55; 1961 c 15 § 82.12.070.
Prior: 1959 ex.s. c 3 § 14; 1959 c 197 § 9; prior: 1941 c
178 § 11, part; Rem. Supp. 1941 § 8370-34a, part.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
[Title 82 RCW—page 92]
82.12.080 Administration. The provisions of chapter
82.32 RCW, insofar as applicable, shall have full force and
application with respect to taxes imposed under the provisions of this chapter. [1961 c 15 § 82.12.080. Prior: 1949
c 228 § 9, part; 1945 c 249 § 8, part; 1943 c 156 § 10, part;
1939 c 225 § 18, part; 1937 c 191 § 4, part; 1935 c 180 §
35, part; Rem. Supp. 1949 § 8470-35, part.]
82.12.800 Exemptions—Uses of vessel, vessel’s
trailer by manufacturer. (1) The tax imposed under RCW
82.12.020 shall not apply to the following uses of a vessel,
as defined in RCW 88.02.010, by the manufacturer of the
vessel:
(a) Activities to test, set-up, repair, remodel, evaluate,
or otherwise make a vessel seaworthy, to include performance, endurance, and sink testing, if the vessel is to be
held for sale;
(b) Training activities of a manufacturer’s employees,
agents, or subcontractors involved in the development and
manufacturing of the manufacturer’s vessels, if the vessel is
to be held for sale;
(c) Activities to promote the sale of the manufacturer’s
vessels, to include photography and video sessions to be
used in promotional materials; traveling directly to and from
vessel promotional events for the express purpose of displaying a manufacturer’s vessels;
(d) Any vessels loaned or donated to a civic, religious,
nonprofit, or educational organization for continuous periods
of use not exceeding seventy-two hours, or longer if approved by the department; or to vessels loaned or donated to
governmental entities;
(e) Direct transporting, displaying, or demonstrating any
vessel at a wholesale or retail vessel show;
(f) Delivery of a vessel to a buyer, vessel manufacturer,
registered vessel dealer as defined in RCW 88.02.010, or to
any other person involved in the manufacturing or sale of
that vessel for the purpose of the manufacturing or sale of
that vessel; and
(g) Displaying, showing, and operating a vessel for sale
to a prospective buyer to include the short-term testing,
operating, and examining by a prospective buyer.
(2) Subsection (1) of this section shall apply to any
trailer or other similar apparatus used to transport, display,
show, or operate a vessel, if the trailer or other similar
apparatus is held for sale. [1997 c 293 § 1.]
82.12.801 Exemptions—Uses of vessel, vessel’s
trailer by dealer. (1) The tax imposed under RCW
82.12.020 shall not apply to the following uses of a vessel,
as defined in RCW 88.02.010, by a vessel dealer registered
under chapter 88.02 RCW:
(a) Activities to test, set-up, repair, remodel, evaluate,
or otherwise make a vessel seaworthy, if the vessel is held
for sale;
(b) Training activity of a dealer’s employees, agents, or
subcontractors involved in the sale of the dealer’s vessels, if
the vessel is held for sale;
(c) Activities to promote the sale of the dealer’s vessels,
to include photography and video sessions to be used in
promotional materials; traveling directly to and from promotional vessel events for the express purpose of displaying a
(2002 Ed.)
Use Tax
dealer’s vessels for sale, provided it is displayed on the
vessel that it is, in fact, for sale and the identification of the
registered vessel dealer offering the vessel for sale is also
displayed on the vessel;
(d) Any vessel loaned or donated to a civic, religious,
nonprofit, or educational organization for continuous periods
of use not exceeding seventy-two hours, or longer if approved by the department; or to vessels loaned or donated to
governmental entities;
(e) Direct transporting, displaying, or demonstrating any
vessel at a wholesale or retail vessel show;
(f) Delivery of a vessel to a buyer, vessel manufacturer,
registered vessel dealer as defined in RCW 88.02.010, or to
any other person involved in the manufacturing or sale of
that vessel for the purpose of the manufacturing or sale of
that vessel; and
(g) Displaying, showing, and operating a vessel for sale
to a prospective buyer to include the short-term testing,
operating, and examining by a prospective buyer.
(2) Subsection (1) of this section shall apply to any
trailer or other similar apparatus used to transport, display,
show, or operate a vessel, if the trailer or other similar
apparatus is held for sale. [1997 c 293 § 2.]
82.12.802 Vessels held in inventory by dealer or
manufacturer—Tax on personal use—Documentation—
Rules. If a vessel held in inventory is used by a vessel
dealer or vessel manufacturer for personal use, use tax shall
be due based only on the reasonable rental value of the
vessel used, but only if the vessel dealer or manufacturer can
show that the vessel is truly held for sale and that the dealer
or manufacturer is and has been making good faith efforts to
sell the vessel. The department may by rule require dealers
and manufacturers to provide vessel logs or other documentation showing that vessels are truly held for sale. [1997 c
293 § 3.]
82.12.810 Exemptions—Air pollution control
facilities at a thermal electric generation facility—
Exceptions—Payments on cessation of operation. (1) For
the purposes of this section, "air pollution control facilities"
mean any treatment works, control devices and disposal
systems, machinery, equipment, structures, property, property
improvements, and accessories, that are installed or acquired
for the primary purpose of reducing, controlling, or disposing
of industrial waste that, if released to the outdoor atmosphere, could cause air pollution, or that are required to meet
regulatory requirements applicable to their construction,
installation, or operation.
(2) The provisions of this chapter do not apply in
respect to the use of air pollution control facilities installed
and used by a light and power business, as defined in RCW
82.16.010, in generating electric power.
(3) The exemption provided under this section applies
only to air pollution control facilities that are:
(a) Constructed or installed after May 15, 1997, and
used in a thermal electric generation facility placed in
operation after December 31, 1969, and before July 1, 1975;
and
(2002 Ed.)
82.12.801
(b) Constructed or installed to meet applicable regulatory requirements established under state or federal law,
including the Washington clean air act, chapter 70.94 RCW.
(4) This section does not apply to the use of tangible
personal property for maintenance or repairs of the pollution
control equipment.
(5) If production of electricity at a thermal electric
generation facility for any calendar year after 2002 and
before 2023 falls below a twenty percent annual capacity
factor for the generation facility, all or a portion of the tax
previously exempted under this section in respect to construction or installation of air pollution control facilities at
the generation facility shall be due according to the schedule
provided in RCW 82.08.810(5).
(6) RCW 82.32.393 applies to this section. [1997 c 368
§ 3.]
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
82.12.811 Exemptions—Coal used at coal-fired
thermal electric generation facility—Application—
Demonstration of progress in air pollution control—
Notice of emissions violations—Reapplication—Payments
on cessation of operation. (1) For the purposes of this section:
(a) "Air pollution control facilities" means any treatment
works, control devices and disposal systems, machinery,
equipment, structure, property, property improvements, and
accessories, that are installed or acquired for the primary
purpose of reducing, controlling, or disposing of industrial
waste that, if released to the outdoor atmosphere, could
cause air pollution, or that are required to meet regulatory
requirements applicable to their construction, installation, or
operation; and
(b) "Generation facility" means a coal-fired thermal
electric generation facility placed in operation after December 3, 1969, and before July 1, 1975.
(2) Beginning January 1, 1999, the provisions of this
chapter do not apply in respect to the use of coal to generate
electric power at a generation facility operated by a business
if the following conditions are met:
(a) The owners must make an application to the department of revenue for a tax exemption;
(b) The owners must make a demonstration to the
department of ecology that the owners have made reasonable
initial progress to install air pollution control facilities to
meet applicable regulatory requirements established under
state or federal law, including the Washington clean air act,
chapter 70.94 RCW;
(c) Continued progress must be made on the development of air pollution control facilities to meet the requirements of the permit; and
(d) The generation facility must emit no more than ten
thousand tons of sulfur dioxide during a previous consecutive twelve-month period.
(3) During a consecutive twelve-month period, if the
generation facility is found to be in violation of excessive
sulfur dioxide emissions from a regional air pollution control
authority or the department of ecology, the department of
ecology shall notify the department of revenue and the owners of the generation facility shall lose their tax exemption
under this section. The owners of a generation facility may
[Title 82 RCW—page 93]
82.12.811
Title 82 RCW: Excise Taxes
reapply for the tax exemption when they have once again
met the conditions of subsection (2)(d) of this section.
(4) RCW 82.32.393 applies to this section. [1997 c 368
§ 6.]
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
82.12.820 Exemptions—Warehouse and grain
elevators and distribution centers. (1) Wholesalers or
third-party warehousers who own or operate warehouses or
grain elevators, and retailers who own or operate distribution
centers, and who have paid the tax levied under RCW
82.12.020 on:
(a) Material-handling equipment and racking equipment;
or
(b) Materials incorporated in the construction of a
warehouse or grain elevator, are eligible for an exemption on
tax paid in the form of a remittance or credit against tax
owed. The amount of the remittance or credit is computed
under subsection (2) of this section and is based on the state
share of use tax.
(2)(a) A person claiming an exemption from state tax in
the form of a remittance under this section must pay the tax
imposed by RCW 82.12.020 to the department. The person
may then apply to the department for remittance of all or
part of the tax paid under RCW 82.12.020. For grain
elevators with bushel capacity of one million but less than
two million, the remittance is equal to fifty percent of the
amount of tax paid. For warehouses with square footage of
two hundred thousand and for grain elevators with bushel
capacity of two million or more, the remittance is equal to
one hundred percent of the amount of tax paid for qualifying
construction materials, and fifty percent of the amount of tax
paid for qualifying material-handling equipment and racking
equipment.
(b) The department shall determine eligibility under this
section based on information provided by the buyer and
through audit and other administrative records. The buyer
shall on a quarterly basis submit an information sheet, in a
form and manner as required by the department by rule,
specifying the amount of exempted tax claimed and the
qualifying purchases or acquisitions for which the exemption
is claimed. The buyer shall retain, in adequate detail to
enable the department to determine whether the equipment
or construction meets the criteria under this section: Invoices; proof of tax paid; documents describing the materialhandling equipment and racking equipment; location and size
of warehouses, if applicable; and construction invoices and
documents.
(c) The department shall on a quarterly basis remit or
credit exempted amounts to qualifying persons who submitted applications during the previous quarter.
(3) Warehouse, grain elevators, and material-handling
equipment and racking equipment for which an exemption,
credit, or deferral has been or is being received under
chapter 82.60, 82.61, 82.62, or 82.63 RCW or RCW
82.08.02565 or 82.12.02565 are not eligible for any remittance under this section. Materials incorporated in warehouses and grain elevators upon which construction was
initiated prior to May 20, 1997, are not eligible for a
remittance under this section.
[Title 82 RCW—page 94]
(4) The lessor or owner of the warehouse or grain
elevator is not eligible for a remittance or credit under this
section unless the underlying ownership of the warehouse or
grain elevator and material-handling equipment and racking
equipment vests exclusively in the same person, or unless
the lessor by written contract agrees to pass the economic
benefit of the exemption to the lessee in the form of reduced
rent payments.
(5) The definitions in RCW 82.08.820 apply to this
section. [2000 c 103 § 9; 1997 c 450 § 3.]
Findings—Intent—Report—Effective date—1997 c 450: See notes
following RCW 82.08.820.
82.12.832 Exemptions—Use of gun safes. The
provisions of this chapter do not apply with respect to the
use of gun safes as defined in RCW 82.08.832. [1998 c 178
§ 2.]
Effective date—1998 c 178: See note following RCW 82.08.832.
82.12.834 Exemptions—Sales/leasebacks by regional
transit authorities. This chapter does not apply to the use
of tangible personal property by a seller/lessee under a
sale/leaseback agreement under RCW 81.112.300 in respect
to tangible personal property used by the seller/lessee, or to
the use of tangible personal property under an exercise of an
option to purchase at the end of the lease term, but only if
the seller/lessee previously paid any tax otherwise due under
this chapter or chapter 82.08 RCW at the time of acquisition
of the tangible personal property. [2001 c 320 § 6; 2000
2nd sp.s. c 4 § 22.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
82.12.840 Exemptions—Machinery, equipment, or
structures that reduce field burning. (Expires January 1,
2006.) (1) The provisions of this chapter do not apply in
respect to the use of machinery and equipment, or tangible
personal property that becomes an ingredient or component
of eligible machinery and equipment used more than half of
the time:
(a) For gathering, densifying, processing, handling,
storing, transporting, or incorporating straw or straw-based
products that will result in a reduction in field burning of
cereal grains and field and turf grass grown for seed; or
(b) To decrease air emissions resulting from field
burning of cereal grains and field and turf grass grown for
seed.
(2) A person taking the exemption under this section
must keep records necessary for the department to verify
eligibility under this section.
(3) The department of ecology shall provide the department with the information necessary for the department to
administer this section.
(4) This section expires January 1, 2006. [2000 c 40 §
3.]
Intent—Effective date—2000 c 40: See notes following RCW
82.08.840.
82.12.845 Use of motorcycles loaned to department
of licensing. This chapter does not apply to the use of
(2002 Ed.)
Use Tax
motorcycles that are loaned to the department of licensing
exclusively for the provision of motorcycle training under
RCW 46.20.520, or to persons contracting with the department to provide this training. [2001 c 121 § 1.]
82.12.850 Exemptions—Conifer seed. The provisions of this chapter do not apply in respect to the use of
conifer seed to grow seedlings if the seedlings are grown by
a person other than the owner of the seed. This section
applies only if the seedlings will be used for growing timber
outside Washington, or if the owner of the conifer seed is an
Indian tribe or member and the seedlings will be used for
growing timber in Indian country.
If the owner of conifer seed is not able to determine at
the time the seed is used in a growing process whether the
use of the seed is exempt from tax under this section, the
owner may defer payment of the use tax until it is determined that the seedlings will be planted for growing timber
in Washington. For the purposes of this section, "Indian
country" has the meaning given in RCW 82.24.010. [2001
c 129 § 3.]
Finding—Intent—Retroactive application—2001 c 129: See notes
following RCW 82.08.850.
82.12.880 Exemptions—Animal pharmaceuticals.
(1) The provisions of this chapter do not apply with respect
to the use by farmers or by veterinarians of animal
pharmaceuticals approved by the United States department
of agriculture or by the United States food and drug administration, if the pharmaceutical is administered to an animal
that is raised by a farmer for the purpose of producing for
sale an agricultural product.
(2) The definitions in RCW 82.08.880 apply to this
section. [2001 2nd sp.s. c 17 § 2.]
Effective date—2001 2nd sp.s. c 17: See note following RCW
82.08.880.
82.12.890 Exemptions—Dairy nutrient management
equipment and facilities. The provisions of this chapter do
not apply with respect to the use by an eligible person of
tangible personal property that becomes an ingredient or
component of dairy nutrient management equipment and
facilities, as defined in RCW 82.08.890. The equipment and
facilities must be used exclusively for activities necessary to
maintain a dairy management plan as required under chapter
90.64 RCW. This exemption applies to the use of tangible
personal property made after the dairy nutrient management
plan is certified under chapter 90.64 RCW. The exemption
certificate and recordkeeping requirements of RCW
82.08.890 apply to this section. [2001 2nd sp.s. c 18 § 3.]
Intent—Effective date—2001 2nd sp.s. c 18: See notes following
RCW 82.08.890.
82.12.900 Exemptions—Anaerobic digesters. The
provisions of this chapter do not apply with respect to the
use of anaerobic digesters or tangible personal property that
becomes an ingredient or component of anaerobic digesters
to treat primarily dairy manure by an eligible person establishing or operating an anaerobic digester, as defined in
RCW 82.08.900. [2001 2nd sp.s. c 18 § 5.]
(2002 Ed.)
82.12.845
Intent—Effective date—2001 2nd sp.s. c 18: See notes following
RCW 82.08.890.
82.12.910 Exemptions—Propane or natural gas to
heat chicken structures. (1) The provisions of this chapter
do not apply with respect to the use by a farmer of propane
or natural gas to heat structures used to house chickens. The
propane or natural gas must be used exclusively to heat the
structures used to house chickens. The structures must be
used exclusively to house chickens that are sold as agricultural products.
(2) The exemption certificate, recordkeeping requirements, and definitions of RCW 82.08.910 apply to this
section. [2001 2nd sp.s. c 25 § 4.]
Purpose—Intent—Part headings not law—2001 2nd sp.s. c 25:
See notes following RCW 82.04.260.
82.12.920 Exemptions—Chicken bedding materials.
(1) The provisions of this chapter do not apply with respect
to the use by a farmer of bedding materials used to accumulate and facilitate the removal of chicken manure. The
farmer must be raising chickens that are sold as agricultural
products.
(2) The exemption certificate, recordkeeping requirements, and definitions of RCW 82.08.920 apply to this
section. [2001 2nd sp.s. c 25 § 6.]
Purpose—Intent—Part headings not law—2001 2nd sp.s. c 25:
See notes following RCW 82.04.260.
Chapter 82.14
LOCAL RETAIL SALES AND USE TAXES
Sections
82.14.010
82.14.020
82.14.030
Legislative finding—Purpose.
Definitions—Where retail sale occurs.
Sales and use taxes authorized—Additional taxes authorized—Maximum rates.
82.14.032 Alteration of tax rate pursuant to government service agreement.
82.14.034 Alteration of county’s share of city’s tax receipts pursuant to
government service agreement.
82.14.036 Imposition or alteration of additional taxes—Referendum
petition to repeal—Procedure—Exclusive method.
82.14.040 County ordinance to contain credit provision.
82.14.045 Sales and use taxes for public transportation systems.
82.14.046 Sales and use tax equalization payments from local transit
taxes.
82.14.048 Sales and use taxes for public facilities districts.
82.14.0485 Sales and use tax for baseball stadium—Counties with population of one million or more—Deduction from tax
otherwise required—"Baseball stadium" defined.
82.14.0486 State contribution for baseball stadium limited.
82.14.049 Sales and use tax for public sports facilities—Tax upon
retail rental car rentals.
82.14.0494 Sales and use tax for stadium and exhibition center—
Deduction from tax otherwise required—Transfer and
deposit of revenues.
82.14.050 Administration and collection—Local sales and use tax
account.
82.14.055 Tax changes.
82.14.060 Distributions to counties, cities, transportation authorities,
and public facilities districts—Imposition at excess rates,
effect.
82.14.070 Uniformity—Rule making—Model ordinance.
82.14.080 Deposit of tax prior to due date—Credit against future tax or
assessment—When fund designation permitted—Use of
[Title 82 RCW—page 95]
Chapter 82.14
Title 82 RCW: Excise Taxes
tax revenues received in connection with large construction projects.
82.14.090 Payment of tax prior to taxable event—When permitted—
Deposit with treasurer—Credit against future tax—When
fund designation permitted.
82.14.200 County sales and use tax equalization account—Allocation
procedure.
82.14.210 Municipal sales and use tax equalization account—
Allocation procedure.
82.14.212 Transfer of funds pursuant to government service agreement.
82.14.215 Apportionment and distribution—Withholding revenue for
noncompliance.
82.14.220 Figures for apportionments and distributions under RCW
82.14.200 and 82.14.210.
82.14.230 Natural or manufactured gas—Cities may impose use tax.
82.14.300 Local government criminal justice assistance—Finding.
82.14.310 County criminal justice assistance account—Transfers from
general fund—Distributions based on crime rate and
population—Limitations.
82.14.320 Municipal criminal justice assistance account—Transfers
from general fund—Distributions criteria and formula—
Limitations.
82.14.330 Municipal criminal justice assistance account—Transfers
from general fund—Distributions based on crime rate,
population, and innovation—Limitations.
82.14.335 Grant criteria for distributions under RCW 82.14.330(2).
82.14.340 Additional sales and use tax for criminal justice purposes—
Referendum—Expenditures.
82.14.350 Sales and use tax for juvenile detention facilities and jails—
Colocation.
82.14.360 Special stadium sales and use taxes.
82.14.370 Sales and use tax for public facilities in rural counties.
82.14.380 Distressed county assistance account—Created—
Distributions.
82.14.390 Sales and use tax for regional centers.
82.14.400 Sales and use tax for zoo, aquarium, and wildlife facilities—
Authorizing proposition—Distributions.
82.14.410 Sales of lodging tax rate changes.
82.14.420 Sales and use tax for emergency communication systems
and facilities.
82.14.430 Sales and use tax for regional transportation investment
district.
82.14.820 Warehouse and grain elevators and distribution centers—
Exemption does not apply.
82.14.900 Severability—1970 ex.s. c 94.
Changes in tax law—Liability: RCW 82.08.064, 82.14.055, and 82.32.430.
Direct pay permits: RCW 82.32.087.
High capacity transportation systems—Sales and use tax: RCW 81.104.170.
82.14.010 Legislative finding—Purpose. The
legislature finds that the several counties and cities of the
state lack adequate sources of revenue to carry out essential
county and municipal purposes. The legislature further finds
that the most efficient and appropriate methods of deriving
revenues for such purposes is to vest additional taxing
powers in the governing bodies of counties and cities which
they may or may not implement. The legislature intends, by
enacting this chapter, to provide the means by which essential county and municipal purposes can be financially
served should they choose to employ them. [1970 ex.s. c 94
§ 1.]
82.14.020 Definitions—Where retail sale occurs.
(Contingent expiration date.) For purposes of this chapter:
(1) A retail sale consisting solely of the sale of tangible
personal property shall be deemed to have occurred at the
retail outlet at or from which delivery is made to the consumer;
(2) A retail sale consisting essentially of the performance of personal, business, or professional services shall be
[Title 82 RCW—page 96]
deemed to have occurred at the place at which such services
were primarily performed, except that for the performance of
a tow truck service, as defined in RCW 46.55.010, the retail
sale shall be deemed to have occurred at the place of
business of the operator of the tow truck service;
(3) A retail sale consisting of the rental of tangible
personal property shall be deemed to have occurred (a) in
the case of a rental involving periodic rental payments, at the
place of primary use by the lessee during the period covered
by each payment, or (b) in all other cases, at the place of
first use by the lessee;
(4) A retail sale within the scope of RCW 82.04.050(2),
and a retail sale of taxable personal property to be installed
by the seller shall be deemed to have occurred at the place
where the labor and services involved were primarily
performed;
(5)(a) A retail sale consisting of the providing to a
consumer of telephone service, as defined in RCW
82.04.065, other than a sale of tangible personal property
under subsection (1) of this section or a rental of tangible
personal property under subsection (3) of this section or a
sale of mobile telecommunications services, shall be deemed
to have occurred at the situs of the telephone or other
instrument through which the telephone service is rendered;
(b) A retail sale consisting of the providing to a consumer of mobile telecommunications services is deemed to
have occurred at the customer’s place of primary use,
regardless of where the mobile telecommunications services
originate, terminate, or pass through, consistent with the
mobile telecommunications sourcing act, P.L. 106-252, 4
U.S.C. Secs. 116 through 126;
(6) A retail sale of linen and uniform supply services is
deemed to occur as provided in RCW 82.08.0202;
(7) "City" means a city or town;
(8) The meaning ascribed to words and phrases in
chapters 82.04, 82.08 and 82.12 RCW, as now or hereafter
amended, insofar as applicable, shall have full force and
effect with respect to taxes imposed under authority of this
chapter;
(9) "Taxable event" shall mean any retail sale, or any
use, upon which a state tax is imposed pursuant to chapter
82.08 or 82.12 RCW, as they now exist or may hereafter be
amended: PROVIDED, HOWEVER, That the term shall not
include a retail sale taxable pursuant to RCW 82.08.150, as
now or hereafter amended;
(10) "Treasurer or other legal depository" shall mean the
treasurer or legal depository of a county or city. [2002 c
367 § 6; 2002 c 67 § 7; 2001 c 186 § 3; 1997 c 201 § 1;
1983 2nd ex.s. c 3 § 31; 1982 c 211 § 1; 1981 c 144 § 4;
1970 ex.s. c 94 § 3.]
Reviser’s note: This section was amended by 2002 c 67 § 7 and by
2002 c 367 § 6, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 367: See notes following
RCW 82.04.060.
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
Finding—Purpose—Effective date—2001 c 186: See notes
following RCW 82.08.0202.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
(2002 Ed.)
Local Retail Sales and Use Taxes
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
82.14.020 Definitions—Where retail sale occurs.
(Contingent effective date.) For purposes of this chapter:
(1) A retail sale consisting solely of the sale of tangible
personal property shall be deemed to have occurred at the
retail outlet at or from which delivery is made to the
consumer;
(2) A retail sale consisting essentially of the performance of personal, business, or professional services shall be
deemed to have occurred at the place at which such services
were primarily performed, except that for the performance of
a tow truck service, as defined in RCW 46.55.010, the retail
sale shall be deemed to have occurred at the place of
business of the operator of the tow truck service;
(3) A retail sale consisting of the rental of tangible
personal property shall be deemed to have occurred (a) in
the case of a rental involving periodic rental payments, at the
primary place of use by the lessee during the period covered
by each payment, or (b) in all other cases, at the place of
first use by the lessee;
(4) A retail sale within the scope of RCW 82.04.050(2),
and a retail sale of taxable personal property to be installed
by the seller shall be deemed to have occurred at the place
where the labor and services involved were primarily
performed;
(5) A retail sale consisting of the providing to a consumer of telephone service, as defined in RCW 82.04.065,
other than a sale of tangible personal property under subsection (1) of this section or a rental of tangible personal property under subsection (3) of this section, shall be deemed to
have occurred at the situs of the telephone or other instrument through which the telephone service is rendered;
(6) A retail sale of linen and uniform supply services is
deemed to occur as provided in RCW 82.08.0202;
(7) "City" means a city or town;
(8) The meaning ascribed to words and phrases in
chapters 82.04, 82.08 and 82.12 RCW, as now or hereafter
amended, insofar as applicable, shall have full force and
effect with respect to taxes imposed under authority of this
chapter;
(9) "Taxable event" shall mean any retail sale, or any
use, upon which a state tax is imposed pursuant to chapter
82.08 or 82.12 RCW, as they now exist or may hereafter be
amended: PROVIDED, HOWEVER, That the term shall not
include a retail sale taxable pursuant to RCW 82.08.150, as
now or hereafter amended;
(10) "Treasurer or other legal depository" shall mean the
treasurer or legal depository of a county or city. [2002 c
367 § 6; 2001 c 186 § 3; 1997 c 201 § 1; 1983 2nd ex.s. c
3 § 31; 1982 c 211 § 1; 1981 c 144 § 4; 1970 ex.s. c 94 §
3.]
Severability—Effective date—2002 c 367: See notes following
RCW 82.04.060.
Finding—Purpose—Effective date—2001 c 186: See notes
following RCW 82.08.0202.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Intent—Severability—Effective date—1981 c 144: See notes
following RCW 82.16.010.
(2002 Ed.)
82.14.020
82.14.030 Sales and use taxes authorized—
Additional taxes authorized—Maximum rates. (1) The
governing body of any county or city while not required by
legislative mandate to do so, may, by resolution or ordinance
for the purposes authorized by this chapter, fix and impose
a sales and use tax in accordance with the terms of this
chapter. Such tax shall be collected from those persons who
are taxable by the state pursuant to chapters 82.08 and 82.12
RCW, upon the occurrence of any taxable event within the
county or city as the case may be: PROVIDED, That except
as provided in RCW 82.14.230, this sales and use tax shall
not apply to natural or manufactured gas. The rate of such
tax imposed by a county shall be five-tenths of one percent
of the selling price (in the case of a sales tax) or value of the
article used (in the case of a use tax). The rate of such tax
imposed by a city shall not exceed five-tenths of one percent
of the selling price (in the case of a sales tax) or value of the
article used (in the case of a use tax): PROVIDED, HOWEVER, That in the event a county shall impose a sales and
use tax under this subsection, the rate of such tax imposed
under this subsection by any city therein shall not exceed
four hundred and twenty-five one-thousandths of one
percent.
(2) Subject to the enactment into law of the 1982
amendment to RCW 82.02.020 by section 5, chapter 49,
Laws of 1982 1st ex. sess., in addition to the tax authorized
in subsection (1) of this section, the governing body of any
county or city may by resolution or ordinance impose an
additional sales and use tax in accordance with the terms of
this chapter. Such additional tax shall be collected upon the
same taxable events upon which the tax imposed under
subsection (1) of this section is levied. The rate of such
additional tax imposed by a county shall be up to five-tenths
of one percent of the selling price (in the case of a sales tax)
or value of the article used (in the case of a use tax). The
rate of such additional tax imposed by a city shall be up to
five-tenths of one percent of the selling price (in the case of
a sales tax) or value of the article used (in the case of a use
tax): PROVIDED HOWEVER, That in the event a county
shall impose a sales and use tax under this subsection at a
rate equal to or greater than the rate imposed under this
subsection by a city within the county, the county shall
receive fifteen percent of the city tax: PROVIDED FURTHER, That in the event that the county shall impose a sales
and use tax under this subsection at a rate which is less than
the rate imposed under this subsection by a city within the
county, the county shall receive that amount of revenues
from the city tax equal to fifteen percent of the rate of tax
imposed by the county under this subsection. The authority
to impose a tax under this subsection is intended in part to
compensate local government for any losses from the phaseout of the property tax on business inventories. [1989 c 384
§ 6; 1982 1st ex.s. c 49 § 17; 1970 ex.s. c 94 § 4.]
Intent—Effective date—1989 c 384: See notes following RCW
82.12.022.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
Additional tax for high capacity transportation service: RCW 81.104.170.
Imposition of additional tax on sale of real property in lieu of tax under
RCW 82.14.030(2): RCW 82.46.010(3).
[Title 82 RCW—page 97]
82.14.032
Title 82 RCW: Excise Taxes
82.14.032 Alteration of tax rate pursuant to government service agreement. The rate of sales and use tax
imposed by a city under RCW 82.14.030 (1) and (2) may be
altered pursuant to a government service agreement as
provided in RCW 36.115.040 and 36.115.050. [1994 c 266
§ 11.]
82.14.034 Alteration of county’s share of city’s tax
receipts pursuant to government service agreement. The
percentage of a city’s sales and use tax receipts that a county
receives under RCW 82.14.030 (1) and (2) may be altered
pursuant to a government service agreement as provided in
RCW 36.115.040 and 36.115.050. [1994 c 266 § 12.]
82.14.036 Imposition or alteration of additional
taxes—Referendum petition to repeal—Procedure—
Exclusive method. Any referendum petition to repeal a
county or city ordinance imposing a tax or altering the rate
of the tax authorized under RCW 82.14.030(2) shall be filed
with a filing officer, as identified in the ordinance, within
seven days of passage of the ordinance. Within ten days, the
filing officer shall confer with the petitioner concerning form
and style of the petition, issue an identification number for
the petition, and write a ballot title for the measure. The
ballot title shall be posed as a question so that an affirmative
answer to the question and an affirmative vote on the
measure results in the tax or tax rate increase being imposed
and a negative answer to the question and a negative vote on
the measure results in the tax or tax rate increase not being
imposed. The petitioner shall be notified of the identification number and ballot title within this ten-day period.
After this notification, the petitioner shall have thirty
days in which to secure on petition forms the signatures of
not less than fifteen percent of the registered voters of the
county for county measures, or not less than fifteen percent
of the registered voters of the city for city measures, and to
file the signed petitions with the filing officer. Each petition
form shall contain the ballot title and the full text of the
measure to be referred. The filing officer shall verify the
sufficiency of the signatures on the petitions. If sufficient
valid signatures are properly submitted, the filing officer
shall submit the referendum measure to the county or city
voters at a general or special election held on one of the
dates provided in RCW 29.13.010 as determined by the
county legislative authority or city council, which election
shall not take place later than one hundred twenty days after
the signed petition has been filed with the filing officer.
After April 22, 1983, the referendum procedure provided in this section shall be the exclusive method for subjecting any county or city ordinance imposing a tax or altering
the rate under RCW 82.14.030(2) to a referendum vote.
Any county or city tax authorized under RCW
82.14.030(2) that has been imposed prior to April 22, 1983,
is not subject to the referendum procedure provided for in
this section. [1983 c 99 § 2.]
Severability—1983 c 99: See note following RCW 82.14.200.
82.14.040 County ordinance to contain credit
provision. (1) Any county ordinance adopted under RCW
82.14.030(1) shall contain, in addition to all other provisions
required to conform to this chapter, a provision allowing a
[Title 82 RCW—page 98]
credit against the county tax imposed under RCW
82.14.030(1) for the full amount of any city sales or use tax
imposed under RCW 82.14.030(1) upon the same taxable
event.
(2) Any county ordinance adopted under RCW
82.14.030(2) shall contain, in addition to all other provisions
required to conform to this chapter, a provision allowing a
credit against the county tax imposed under RCW
82.14.030(2) for the full amount of any city sales or use tax
imposed under RCW 82.14.030(2) upon the same taxable
event up to the additional tax imposed by the county under
RCW 82.14.030(2). [1982 1st ex.s. c 49 § 18; 1970 ex.s. c
94 § 5.]
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.14.045 Sales and use taxes for public transportation systems. (1) The legislative body of any city pursuant
to RCW 35.92.060, of any county which has created an
unincorporated transportation benefit area pursuant to RCW
36.57.100 and 36.57.110, of any public transportation benefit
area pursuant to RCW 36.57A.080 and 36.57A.090, of any
county transportation authority established pursuant to
chapter 36.57 RCW, and of any metropolitan municipal
corporation within a county with a population of one million
or more pursuant to chapter 35.58 RCW, may, by resolution
or ordinance for the sole purpose of providing funds for the
operation, maintenance, or capital needs of public transportation systems or public transportation limited to persons with
special needs under RCW 36.57.130 and 36.57A.180, and in
lieu of the excise taxes authorized by RCW 35.95.040,
submit an authorizing proposition to the voters or include
such authorization in a proposition to perform the function
of public transportation or public transportation limited to
persons with special needs under RCW 36.57.130 and
36.57A.180, and if approved by a majority of persons voting
thereon, fix and impose a sales and use tax in accordance
with the terms of this chapter: PROVIDED, That no such
legislative body shall impose such a sales and use tax
without submitting such an authorizing proposition to the
voters and obtaining the approval of a majority of persons
voting thereon: PROVIDED FURTHER, That where such
a proposition is submitted by a county on behalf of an
unincorporated transportation benefit area, it shall be voted
upon by the voters residing within the boundaries of such
unincorporated transportation benefit area and, if approved,
the sales and use tax shall be imposed only within such area.
Notwithstanding any provisions of this section to the
contrary, any county in which a county public transportation
plan has been adopted pursuant to RCW 36.57.070 and the
voters of such county have authorized the imposition of a
sales and use tax pursuant to the provisions of section 10,
chapter 167, Laws of 1974 ex. sess., prior to July 1, 1975,
shall be authorized to fix and impose a sales and use tax as
provided in this section at not to exceed the rate so authorized without additional approval of the voters of such
county as otherwise required by this section.
The tax authorized pursuant to this section shall be in
addition to the tax authorized by RCW 82.14.030 and shall
be collected from those persons who are taxable by the state
pursuant to chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within such city, public transpor(2002 Ed.)
Local Retail Sales and Use Taxes
tation benefit area, county, or metropolitan municipal
corporation as the case may be. The rate of such tax shall
be one-tenth, two-tenths, three-tenths, four-tenths, five-tenths,
six-tenths, seven-tenths, eight-tenths, or nine-tenths of one
percent of the selling price (in the case of a sales tax) or
value of the article used (in the case of a use tax). The rate
of such tax shall not exceed the rate authorized by the voters
unless such increase shall be similarly approved.
(2)(a) In the event a metropolitan municipal corporation
shall impose a sales and use tax pursuant to this chapter no
city, county which has created an unincorporated transportation benefit area, public transportation benefit area authority,
or county transportation authority wholly within such metropolitan municipal corporation shall be empowered to levy
and/or collect taxes pursuant to RCW *35.58.273, 35.95.040,
and/or 82.14.045, but nothing herein shall prevent such city
or county from imposing sales and use taxes pursuant to any
other authorization.
(b) In the event a county transportation authority shall
impose a sales and use tax pursuant to this section, no city,
county which has created an unincorporated transportation
benefit area, public transportation benefit area, or metropolitan municipal corporation, located within the territory of
the authority, shall be empowered to levy or collect taxes
pursuant to RCW *35.58.273, 35.95.040, or 82.14.045.
(c) In the event a public transportation benefit area shall
impose a sales and use tax pursuant to this section, no city,
county which has created an unincorporated transportation
benefit area, or metropolitan municipal corporation, located
wholly or partly within the territory of the public transportation benefit area, shall be empowered to levy or collect taxes
pursuant to RCW *35.58.273, 35.95.040, or 82.14.045.
(3) Any local sales and use tax revenue collected
pursuant to this section by any city or by any county for
transportation purposes pursuant to RCW 36.57.100 and
36.57.110 shall not be counted as locally generated tax
revenues for the purposes of apportionment and distribution,
in the manner prescribed by chapter 82.44 RCW, of the
proceeds of the motor vehicle excise tax authorized pursuant
to *RCW 35.58.273, except that the local sales and use tax
revenue collected under this section by a city with a population greater than sixty thousand that as of January 1, 1998,
owns and operates a municipal public transportation system
shall be counted as locally generated tax revenues for the
purposes of apportionment and distribution, in the manner
prescribed by chapter 82.44 RCW, of the proceeds of the
motor vehicle excise tax authorized under *RCW 35.58.273
as follows:
(a) For fiscal year 2000, revenues collected under this
section shall be counted as locally generated tax revenues for
up to 25 percent of the tax collected under *RCW 35.58.273;
(b) For fiscal year 2001, revenues collected under this
section shall be counted as locally generated tax revenues for
up to 50 percent of the tax collected under *RCW 35.58.273;
(c) For fiscal year 2002, revenues collected under this
section shall be counted as locally generated tax revenues for
up to 75 percent of the tax collected under *RCW 35.58.273;
and
(d) For fiscal year 2003 and thereafter, revenues
collected under this section shall be counted as locally
generated tax revenues for up to 100 percent of the tax
collected under *RCW 35.58.273. [2001 c 89 § 3; 2000 2nd
(2002 Ed.)
82.14.045
sp.s. c 4 § 16; 1998 c 321 § 7 (Referendum Bill No. 49,
approved November 3, 1998); 1991 c 363 § 158. Prior:
1984 c 112 § 1; 1983 c 3 § 216; 1980 c 163 § 1; 1975 1st
ex.s. c 270 § 6; 1971 ex.s. c 296 § 2.]
*Reviser’s note: RCW 35.58.273 was repealed by 2002 c 6 § 2.
Purpose—1998 c 321: "The purpose of this act is to reallocate the
general fund portion of the state’s motor vehicle excise tax revenues among
the taxpayers, local governments, and the state’s transportation programs.
By reallocating motor vehicle excise taxes, the state revenue portion can be
dedicated to increased transportation funding purposes. Since the general
fund currently has a budget surplus, due to a strong economy, the legislature
feels that this reallocation is an appropriate short-term solution to the state’s
transportation needs and is a first step in meeting longer-term transportation
funding needs. These reallocated funds must be used to provide relief from
traffic congestion, improve freight mobility, and increase traffic safety.
In reallocating general fund resources, the legislature also ensures that
other programs funded from the general fund are not adversely impacted by
the reallocation of surplus general fund revenues. The legislature also
adopts this act to continue the general fund revenue and expenditure
limitations contained in chapter 43.135 RCW after this one-time transfer of
funds.
In order to develop a long-term and comprehensive solution to the
state’s transportation problems, a joint committee will be created to study
the state’s transportation needs and the appropriate sources of revenue
necessary to implement the state’s long-term transportation needs as
provided in *section 22 of this act." [1998 c 321 § 1 (Referendum Bill No.
49, approved November 3, 1998).]
*Reviser’s note: Section 22 of this act was vetoed by the governor.
Severability—1998 c 321: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 321 § 45 (Referendum Bill No. 49, approved
November 3, 1998).]
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: "(1)
Sections 1 through 3, 5 through 21, 44, and 45 of this act take effect
January 1, 1999.
(2) Section 4 of this act takes effect July 1, 1999, and applies to
registrations that are due or become due in July 1999, and thereafter."
[1998 c 321 § 46 (Referendum Bill No. 49, approved November 3, 1998).]
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: "The
secretary of state shall submit sections 1 through 21 and 44 through 46 of
this act to the people for their adoption and ratification, or rejection, at the
next general election to be held in this state, in accordance with Article II,
section 1 of the state Constitution and the laws adopted to facilitate its
operation." [1998 c 321 § 49 (Referendum Bill No. 49, approved November 3, 1998).]
Purpose—Captions now law—1991 c 363: See notes following
RCW 2.32.180.
Severability—Effective date—1975 1st ex.s. c 270: See notes
following RCW 35.58.272.
Legislative finding, declaration—1971 ex.s. c 296: "The legislature
finds that adequate public transportation systems are necessary to the
economic, industrial and cultural development of the urban areas of this
state and the health, welfare and prosperity of persons who reside or are
employed in such areas or who engage in business therein and such systems
are increasingly essential to the functioning of the urban highways of the
state. The legislature further finds and declares that fares and tolls for the
use of public transportation systems cannot maintain such systems in solvent
financial conditions and at the same time meet the need to serve those who
cannot reasonably afford or use other forms of transportation. The
legislature further finds and declares that additional and alternate means of
financing adequate public transportation service are necessary for the cities,
metropolitan municipal corporations and counties of this state which provide
such service." [1971 ex.s. c 296 § 1.]
Severability—1971 ex.s. c 296: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 296 § 5.]
82.14.046 Sales and use tax equalization payments
from local transit taxes. Beginning with distributions made
[Title 82 RCW—page 99]
82.14.046
Title 82 RCW: Excise Taxes
to municipalities under RCW 82.44.150 on January 1, 1996,
municipalities as defined in RCW 35.58.272 imposing local
transit taxes, which for purposes of this section include the
sales and use tax under RCW 82.14.045, the business and
occupation tax under RCW 35.95.040, and excise taxes
under RCW 35.95.040, shall be eligible for sales and use tax
equalization payments from motor vehicle excise taxes
distributed under RCW 82.44.150 as follows:
(1) Prior to January 1st of each year the department of
revenue shall determine the total and the per capita levels of
revenues for each municipality imposing local transit taxes
and the statewide weighted average per capita level of sales
and use tax revenues imposed under chapters 82.08 and
82.12 RCW for the previous calendar year calculated for a
sales and use tax rate of one-tenth percent. For purposes of
this section, the department of revenue shall determine a
local transit tax rate for each municipality for the previous
calendar year. The tax rate shall be equivalent to the sales
and use tax rate for the municipality that would have
generated an amount of revenue equal to the amount of local
transit taxes collected by the municipality.
(2) For each tenth of one percent of the local transit tax
rate, the state treasurer shall apportion to each municipality
receiving less than eighty percent of the statewide weighted
average per capita level of sales and use tax revenues
imposed under chapters 82.08 and 82.12 RCW as determined
by the department of revenue under subsection (1) of this
section, an amount when added to the per capita level of
revenues received the previous calendar year by the municipality, to equal eighty percent of the statewide weighted
average per capita level of revenues determined under
subsection (1) of this section. In no event may the sales and
use tax equalization distribution to a municipality in a single
calendar year exceed: (a) Fifty percent of the amount of
local transit taxes collected during the prior calendar year; or
(b) the maximum amount of revenue that could have been
collected at a local transit tax rate of three-tenths percent in
the prior calendar year.
(3) For a municipality established after January 1, 1995,
sales and use tax equalization distributions shall be made
according to the procedures in this subsection. Sales and use
tax equalization distributions to eligible new municipalities
shall be made at the same time as distributions are made
under subsection (2) of this section. The department of
revenue shall follow the estimating procedures outlined in
this subsection until the new municipality has received a full
year’s worth of local transit tax revenues as of the January
sales and use tax equalization distribution.
(a) Whether a newly established municipality determined to receive funds under this subsection receives its first
equalization payment at the January, April, July, or October
sales and use tax equalization distribution shall depend on
the date the system first imposes local transit taxes.
(i) A newly established municipality imposing local
transit taxes taking effect during the first calendar quarter
shall be eligible to receive funds under this subsection
beginning with the July sales and use tax equalization
distribution of that year.
(ii) A newly established municipality imposing local
transit taxes taking effect during the second calendar quarter
shall be eligible to receive funds under this subsection
[Title 82 RCW—page 100]
beginning with the October sales and use tax equalization
distribution of that year.
(iii) A newly established municipality imposing local
transit taxes taking effect during the third calendar quarter
shall be eligible to receive funds under this subsection
beginning with the January sales and use tax equalization
distribution of the next year.
(iv) A newly established municipality imposing local
transit taxes taking effect during the fourth calendar quarter
shall be eligible to receive funds under this subsection
beginning with the April sales and use tax equalization
distribution of the next year.
(b) For purposes of calculating the amount of funds the
new municipality should receive under this subsection, the
department of revenue shall:
(i) Estimate the per capita amount of revenues from
local transit taxes that the new municipality would have
received had the municipality received revenues from the tax
the entire calendar year;
(ii) Calculate the amount provided under subsection (2)
of this section based on the per capita revenues determined
under (b)(i) of this subsection;
(iii) Prorate the amount determined under (b)(ii) of this
subsection by the number of months the local transit taxes
have been imposed.
(c) The department of revenue shall advise the state
treasurer of the amounts calculated under (b) of this subsection and the state treasurer shall distribute these amounts to
the new municipality from the motor vehicle excise tax
deposited into the transportation fund under RCW 82.44.110.
(4) A municipality whose governing body implements
a tax change that reduces its local transit tax rate after
January 1, 1994, may not receive distributions under this
section. [1998 c 321 § 37 (Referendum Bill No. 49,
approved November 3, 1998); 1995 c 298 § 1; 1994 c 241
§ 2.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Contingency—1995 c 298: Funding was provided for 1995 c 298 in
1995 2nd sp.s. c 14 § 413.
82.14.048 Sales and use taxes for public facilities
districts. The governing board of a public facilities district
under chapter 36.100 or 35.57 RCW may submit an authorizing proposition to the voters of the district, and if the
proposition is approved by a majority of persons voting, fix
and impose a sales and use tax in accordance with the terms
of this chapter.
The tax authorized in this section shall be in addition to
any other taxes authorized by law and shall be collected
from those persons who are taxable by the state under
chapters 82.08 and 82.12 RCW upon the occurrence of any
taxable event within the public facilities district. The rate of
tax shall not exceed two-tenths of one percent of the selling
price in the case of a sales tax, or value of the article used,
in the case of a use tax.
Moneys received from any tax imposed under this
section shall be used for the purpose of providing funds for
the costs associated with the financing, design, acquisition,
(2002 Ed.)
Local Retail Sales and Use Taxes
construction, equipping, operating, maintaining, remodeling,
repairing, and reequipping of its public facilities.
No tax may be collected under this section by a public
facilities district under chapter 35.57 RCW before August 1,
2000, and no tax in excess of one-tenth of one percent may
be collected under this section by a public facilities district
under chapter 36.100 RCW before August 1, 2000. [1999
c 165 § 12; 1995 c 396 § 6; 1991 c 207 § 1.]
Severability—1999 c 164: See RCW 35.57.900.
Severability—1995 c 396: See note following RCW 36.100.010.
82.14.0485 Sales and use tax for baseball stadium—
Counties with population of one million or more—
Deduction from tax otherwise required—"Baseball
stadium" defined. (1) The legislative authority of a county
with a population of one million or more may impose a sales
and use tax in accordance with the terms of this chapter.
The tax is in addition to other taxes authorized by law and
shall be collected from those persons who are taxable by the
state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of
tax shall not exceed 0.017 percent of the selling price in the
case of a sales tax or value of the article used in the case of
a use tax.
(2) The tax imposed under subsection (1) of this section
shall be deducted from the amount of tax otherwise required
to be collected or paid over to the department of revenue
under chapter 82.08 or 82.12 RCW. The department of
revenue shall perform the collection of such taxes on behalf
of the county at no cost to the county.
(3) Moneys collected under this section shall only be
used for the purpose of paying the principal and interest
payments on bonds issued by a county to construct a
baseball stadium.
(4) No tax may be collected under this section before
January 1, 1996, and no tax may be collected under this
section unless the taxes under RCW 82.14.360 are being
collected. The tax imposed in this section shall expire when
the bonds issued for the construction of the baseball stadium
are retired, but not more than twenty years after the tax is
first collected.
(5) As used in this section, "baseball stadium" means a
baseball stadium with natural turf and a retractable roof or
canopy, together with associated parking facilities, constructed in the largest city in a county with a population of one
million or more. [1995 3rd sp.s. c 1 § 101.]
Part headings not law—1995 3rd sp.s. c 1: "Part headings as used
in this act constitute no part of the law." [1995 3rd sp.s. c 1 § 309.]
Effective date—1995 3rd sp.s. c 1: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
immediately [October 17, 1995]." [1995 3rd sp.s. c 1 § 310.]
Baseball stadium construction agreement: RCW 36.100.037.
State contribution for baseball stadium limited: RCW 82.14.0486.
82.14.0486 State contribution for baseball stadium
limited. Sections 101 through 105, chapter 1, Laws of 1995
3rd sp. sess. constitute the entire state contribution for a
baseball stadium, as defined in RCW 82.14.0485. The state
will not make any additional contributions based on revised
cost or revenue estimates, cost overruns, unforeseen circumstances, or any other reason. [1995 3rd sp.s. c 1 § 106.]
(2002 Ed.)
82.14.048
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
82.14.049 Sales and use tax for public sports
facilities—Tax upon retail rental car rentals. The
legislative authority of any county may impose a sales and
use tax, in addition to the tax authorized by RCW 82.14.030,
upon retail car rentals within the county that are taxable by
the state under chapters 82.08 and 82.12 RCW. The rate of
tax shall be one percent of the selling price in the case of a
sales tax or rental value of the vehicle in the case of a use
tax. Proceeds of the tax shall not be used to subsidize any
professional sports team and shall be used solely for the
following purposes:
(1) Acquiring, constructing, maintaining, or operating
public sports stadium facilities;
(2) Engineering, planning, financial, legal, or professional services incidental to public sports stadium facilities;
(3) Youth or amateur sport activities or facilities; or
(4) Debt or refinancing debt issued for the purposes of
subsection (1) of this section.
At least seventy-five percent of the tax imposed under
this section shall be used for the purposes of subsections (1),
(2), and (4) of this section. [1997 c 220 § 502 (Referendum
Bill No. 48, approved June 17, 1997); 1992 c 194 § 3.]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Legislative intent—1992 c 194: See note following RCW 82.08.020.
Effective dates—1992 c 194: See note following RCW 46.04.466.
82.14.0494 Sales and use tax for stadium and
exhibition center—Deduction from tax otherwise required—Transfer and deposit of revenues. (Contingent
expiration date.) (1) The legislative authority of a county
that has created a public stadium authority to develop a
stadium and exhibition center under RCW 36.102.050 may
impose a sales and use tax in accordance with this chapter.
The tax is in addition to other taxes authorized by law and
shall be collected from those persons who are taxable by the
state under chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the county. The rate of
tax shall be 0.016 percent of the selling price in the case of
a sales tax or value of the article used in the case of a use
tax.
(2) The tax imposed under subsection (1) of this section
shall be deducted from the amount of tax otherwise required
to be collected or paid over to the department of revenue
under chapter 82.08 or 82.12 RCW. The department of
revenue shall perform the collection of such taxes on behalf
of the county at no cost to the county.
(3) Before the issuance of bonds in RCW 43.99N.020,
all revenues collected on behalf of the county under this
section shall be transferred to the public stadium authority.
After bonds are issued under RCW 43.99N.020, all revenues
collected on behalf of the county under this section shall be
deposited in the stadium and exhibition center account under
RCW 43.99N.060.
[Title 82 RCW—page 101]
82.14.0494
Title 82 RCW: Excise Taxes
(4) The definitions in RCW 36.102.010 apply to this
section.
(5) This section expires on the earliest of the following
dates:
(a) December 31, 1999, if the conditions for issuance of
bonds under RCW 43.99N.020 have not been met before that
date;
(b) The date on which all bonds issued under RCW
43.99N.020 have been retired; or
(c) Twenty-three years after the date the tax under this
section is first imposed. [1997 c 220 § 204 (Referendum
Bill No. 48, approved June 17, 1997).]
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
82.14.050 Administration and collection—Local
sales and use tax account. The counties, cities, and
transportation authorities under RCW 82.14.045, public
facilities districts under chapters 36.100 and 35.57 RCW, and
regional transportation investment districts shall contract,
prior to the effective date of a resolution or ordinance
imposing a sales and use tax, the administration and collection to the state department of revenue, which shall deduct
a percentage amount, as provided by contract, not to exceed
two percent of the taxes collected for administration and
collection expenses incurred by the department. The
remainder of any portion of any tax authorized by this
chapter that is collected by the department of revenue shall
be deposited by the state department of revenue in the local
sales and use tax account hereby created in the state treasury. Moneys in the local sales and use tax account may be
spent only for distribution to counties, cities, transportation
authorities, public facilities districts, and regional transportation investment districts imposing a sales and use tax. All
administrative provisions in chapters 82.03, 82.08, 82.12, and
82.32 RCW, as they now exist or may hereafter be amended,
shall, insofar as they are applicable to state sales and use
taxes, be applicable to taxes imposed pursuant to this
chapter. Except as provided in RCW 43.08.190, all earnings
of investments of balances in the local sales and use tax
account shall be credited to the local sales and use tax
account and distributed to the counties, cities, transportation
authorities, public facilities districts, and regional transportation investment districts monthly. [2002 c 56 § 406; 1999
c 165 § 14; 1991 sp.s. c 13 § 34; 1991 c 207 § 2; 1990 2nd
ex.s. c 1 § 201; 1985 c 57 § 81; 1981 2nd ex.s. c 4 § 10;
1971 ex.s. c 296 § 3; 1970 ex.s. c 94 § 6.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
Severability—1999 c 164: See RCW 35.57.900.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Applicability—1990 2nd ex.s. c 1 §§ 201-204: "Sections 201
through 204 of this act shall not be effective for earnings on balances prior
to July 1, 1990, regardless of when a distribution is made." [1990 2nd ex.s.
c 1 § 205.]
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Effective date—1985 c 57: See note following RCW 18.04.105.
[Title 82 RCW—page 102]
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
Legislative finding, declaration—Severability—1971 ex.s. c 296:
See notes following RCW 82.14.045.
82.14.055 Tax changes. (1) Except as provided in
subsection (2) of this section, a local sales and use tax
change shall take effect (a) no sooner than seventy-five days
after the department receives notice of the change and (b)
only on the first day of January, April, July, or October.
(2) In the case of a local sales and use tax that is a
credit against the state sales tax or use tax, a local sales and
use tax change shall take effect (a) no sooner than thirty
days after the department receives notice of the change and
(b) only on the first day of a month.
(3) For the purposes of this section, "local sales and use
tax change" means enactment or revision of local sales and
use taxes under this chapter or any other statute, including
changes resulting from referendum or annexation. [2001 c
320 § 7; 2000 c 104 § 2.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Findings—Intent—2000 c 104: "The legislature finds that retailers
have an important role in the state’s tax system by collecting sales or use
tax from consumers and remitting it to the state. Frequent changes to the
tax system place a burden on these businesses. To alleviate that burden and
to improve the accuracy of tax collection, it is the intent of the legislature
to provide that changes to sales and use tax may be made four times a year
and that the department of revenue be provided adequate time to give
advance notice to retailers of any such change. Changes in sales and use
tax rates that are the result of annexation are also restricted to this time
period, for uniformity and simplification. Additionally, retailers who rely
on technology developed and provided by the department of revenue, such
as the department’s geographic information system, to calculate tax rates
shall be held harmless from errors resulting from such use." [2000 c 104
§ 1.]
Effective date—2000 c 104: "This act takes effect July 1, 2000."
[2000 c 104 § 7.]
Statewide sales and use tax changes: RCW 82.08.064.
82.14.060 Distributions to counties, cities, transportation authorities, and public facilities districts—
Imposition at excess rates, effect. Monthly the state
treasurer shall make distribution from the local sales and use
tax account to the counties, cities, transportation authorities,
and public facilities districts the amount of tax collected on
behalf of each taxing authority, less the deduction provided
for in RCW 82.14.050. The state treasurer shall make the
distribution under this section without appropriation.
In the event that any ordinance or resolution imposes a
sales and use tax at a rate in excess of the applicable limits
contained herein, such ordinance or resolution shall not be
considered void in toto, but only with respect to that portion
of the rate which is in excess of the applicable limits
contained herein. [1991 c 207 § 3; 1990 2nd ex.s. c 1 §
202; 1981 2nd ex.s. c 4 § 11; 1971 ex.s. c 296 § 4; 1970
ex.s. c 94 § 7.]
Applicability—1990 2nd ex.s. c 1: See note following RCW
82.14.050.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
Legislative finding, declaration—Severability—1971 ex.s. c 296:
See notes following RCW 82.14.045.
(2002 Ed.)
Local Retail Sales and Use Taxes
82.14.070 Uniformity—Rule making—Model
ordinance. It is the intent of this chapter that any local
sales and use tax adopted pursuant to this chapter be as
consistent and uniform as possible with the state sales and
use tax and with other local sales and use taxes adopted
pursuant to this chapter. It is further the intent of this
chapter that the local sales and use tax shall be imposed
upon an individual taxable event simultaneously with the
imposition of the state sales or use tax upon the same
taxable event. The rule making powers of the state department of revenue contained in RCW 82.08.060 and 82.32.300
shall be applicable to this chapter. The department shall, as
soon as practicable, and with the assistance of the appropriate associations of county prosecutors and city attorneys,
draft a model resolution and ordinance. [2000 c 104 § 5;
1970 ex.s. c 94 § 10.]
Findings—Intent—Effective date—2000 c 104: See notes following
RCW 82.14.055.
82.14.080 Deposit of tax prior to due date—Credit
against future tax or assessment—When fund designation
permitted—Use of tax revenues received in connection
with large construction projects. The taxes provided by
this chapter may be deposited by any taxpayer prior to the
due date thereof with the treasurer or other legal depository
for the benefit of the funds to which they belong to be
credited against any future tax or assessment that may be
levied or become due from the taxpayer: PROVIDED, That
the taxpayer may with the concurrence of the legislative
authority designate a particular fund of such county or city
against which such prepayment of tax or assessment is made.
Such prepayment of taxes or assessments shall not be
considered to be a debt for the purpose of the limitation of
indebtedness imposed by law on a county or city.
By agreement made pursuant to chapter 39.34 RCW,
counties or cities may utilize tax revenues received under the
authority of this chapter in connection with large construction projects, including energy facilities as defined in RCW
80.50.020, for any purpose within their power or powers,
privileges or authority exercised or capable of exercise by
such counties or cities including, but not limited to, the
purpose of the mitigation of socioeconomic impacts that may
be caused by such large construction projects: PROVIDED,
That the taxable event need not take place within the
jurisdiction where the socioeconomic impact occurs if an
intergovernmental agreement provides for redistribution.
[1982 c 211 § 2.]
82.14.090 Payment of tax prior to taxable event—
When permitted—Deposit with treasurer—Credit against
future tax—When fund designation permitted. When
permitted by resolution or ordinance, any tax authorized by
this chapter may be paid prior to the taxable event to which
it may be attributable. Such prepayment shall be made by
deposit with the treasurer or other legal depository for the
benefit of the funds to which they belong. They shall be
credited by any county or city against any future tax that
may become due from a taxpayer: PROVIDED, That the
taxpayer with the concurrence of the legislative authority
may designate a particular fund of such county or city
(2002 Ed.)
82.14.070
against which such prepayment of tax is made. Prepayment
of taxes under this section shall not relieve any taxpayer
from remitting the full amount of any tax imposed under the
authority of this chapter upon the occurrence of the taxable
event. [1982 c 211 § 3.]
82.14.200 County sales and use tax equalization
account—Allocation procedure. There is created in the
state treasury a special account to be known as the "county
sales and use tax equalization account." Into this account
shall be placed a portion of all motor vehicle excise tax
receipts as provided in RCW 82.44.110. Funds in this account shall be allocated by the state treasurer according to
the following procedure:
(1) Prior to April 1st of each year the director of
revenue shall inform the state treasurer of the total and the
per capita levels of revenues for the unincorporated area of
each county and the statewide weighted average per capita
level of revenues for the unincorporated areas of all counties
imposing the sales and use tax authorized under RCW
82.14.030(1) for the previous calendar year.
(2) At such times as distributions are made under RCW
82.44.150, the state treasurer shall apportion to each county
imposing the sales and use tax under RCW 82.14.030(1) at
the maximum rate and receiving less than one hundred fifty
thousand dollars from the tax for the previous calendar year,
an amount from the county sales and use tax equalization
account sufficient, when added to the amount of revenues
received the previous calendar year by the county, to equal
one hundred fifty thousand dollars.
The department of revenue shall establish a governmental price index as provided in this subsection. The base year
for the index shall be the end of the third quarter of 1982.
Prior to November 1, 1983, and prior to each November 1st
thereafter, the department of revenue shall establish another
index figure for the third quarter of that year. The department of revenue may use the implicit price deflators for state
and local government purchases of goods and services
calculated by the United States department of commerce to
establish the governmental price index. Beginning on
January 1, 1984, and each January 1st thereafter, the one
hundred fifty thousand dollar base figure in this subsection
shall be adjusted in direct proportion to the percentage
change in the governmental price index from 1982 until the
year before the adjustment. Distributions made under this
subsection for 1984 and thereafter shall use this adjusted
base amount figure.
(3) Subsequent to the distributions under subsection (2)
of this section and at such times as distributions are made
under RCW 82.44.150, the state treasurer shall apportion to
each county imposing the sales and use tax under RCW
82.14.030(1) at the maximum rate and receiving less than
seventy percent of the statewide weighted average per capita
level of revenues for the unincorporated areas of all counties
as determined by the department of revenue under subsection
(1) of this section, an amount from the county sales and use
tax equalization account sufficient, when added to the per
capita level of revenues for the unincorporated area received
the previous calendar year by the county, to equal seventy
percent of the statewide weighted average per capita level of
revenues for the unincorporated areas of all counties de[Title 82 RCW—page 103]
82.14.200
Title 82 RCW: Excise Taxes
termined under subsection (1) of this section, subject to
reduction under subsections (6) and (7) of this section.
When computing distributions under this section, any
distribution under subsection (2) of this section shall be
considered revenues received from the tax imposed under
RCW 82.14.030(1) for the previous calendar year.
(4) Subsequent to the distributions under subsection (3)
of this section and at such times as distributions are made
under RCW 82.44.150, the state treasurer shall apportion to
each county imposing the sales and use tax under RCW
82.14.030(2) at the maximum rate and receiving a distribution under subsection (2) of this section, a third distribution
from the county sales and use tax equalization account. The
distribution to each qualifying county shall be equal to the
distribution to the county under subsection (2) of this
section, subject to the reduction under subsections (6) and
(7) of this section. To qualify for the total distribution under
this subsection, the county must impose the tax under RCW
82.14.030(2) for the entire calendar year. Counties imposing
the tax for less than the full year shall qualify for prorated
allocations under this subsection proportionate to the number
of months of the year during which the tax is imposed.
(5) Subsequent to the distributions under subsection (4)
of this section and at such times as distributions are made
under RCW 82.44.150, the state treasurer shall apportion to
each county imposing the sales and use tax under RCW
82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a fourth distribution
from the county sales and use tax equalization account. The
distribution to each qualifying county shall be equal to the
distribution to the county under subsection (3) of this
section, subject to the reduction under subsections (6) and
(7) of this section. To qualify for the distributions under this
subsection, the county must impose the tax under RCW
82.14.030(2) for the entire calendar year. Counties imposing
the tax for less than the full year shall qualify for prorated
allocations under this subsection proportionate to the number
of months of the year during which the tax is imposed.
(6) Revenues distributed under subsections (2) through
(5) of this section in any calendar year shall not exceed an
amount equal to seventy percent of the statewide weighted
average per capita level of revenues for the unincorporated
areas of all counties during the previous calendar year. If
distributions under subsections (3) through (5) of this section
cannot be made because of this limitation, then distributions
under subsections (3) through (5) of this section shall be
reduced ratably among the qualifying counties.
(7) If inadequate revenues exist in the county sales and
use tax equalization account to make the distributions under
subsections (3) through (5) of this section, then the distributions under subsections (3) through (5) of this section shall
be reduced ratably among the qualifying counties. At such
time during the year as additional funds accrue to the county
sales and use tax equalization account, additional distributions shall be made under subsections (3) through (5) of this
section to the counties.
(8) If the level of revenues in the county sales and use
tax equalization account exceeds the amount necessary to
make the distributions under subsections (2) through (5) of
this section, at such times as distributions are made under
RCW 82.44.150, the state treasurer shall apportion an
amount to the county public health account created in RCW
[Title 82 RCW—page 104]
70.05.125 equal to the adjustment under RCW
70.05.125(2)(b).
(9) If the level of revenues in the county sales and use
tax equalization account exceeds the amount necessary to
make the distributions under subsections (2) through (5) and
(8) of this section, then the additional revenues shall be credited and transferred as follows:
(a) Fifty percent to the public facilities construction loan
revolving account under RCW 43.160.080; and
(b) Fifty percent to the distressed county public facilities
construction loan account under RCW 43.160.220, or so
much thereof as will not cause the balance in the account to
exceed twenty-five million dollars. Any remaining funds
shall be deposited into the public facilities construction loan
revolving account. [1998 c 321 § 8 (Referendum Bill No.
49, approved November 3, 1998); 1997 c 333 § 2; 1991 sp.s.
c 13 § 15; 1990 c 42 § 313; 1985 c 57 § 82; 1984 c 225 §
5; 1983 c 99 § 1; 1982 1st ex.s. c 49 § 21.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
Effective date—1997 c 333: See note following RCW 70.05.125.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1985 c 57: See note following RCW 18.04.105.
Rules—1984 c 225: See note following RCW 82.14.210.
Severability—1983 c 99: "If any provision of this act or chapter 49,
Laws of 1982 1st ex. sess. or their application to any person or circumstance is held invalid, the remainder of these acts or the application of the
provision to other persons or circumstances is not affected." [1983 c 99 §
10.]
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.14.210 Municipal sales and use tax equalization
account—Allocation procedure. There is created in the
state treasury a special account to be known as the "municipal sales and use tax equalization account." Into this account shall be placed such revenues as are provided under
RCW 82.44.110(1)(e). Funds in this account shall be
allocated by the state treasurer according to the following
procedure:
(1) Prior to January 1st of each year the department of
revenue shall determine the total and the per capita levels of
revenues for each city and the statewide weighted average
per capita level of revenues for all cities imposing the sales
and use tax authorized under RCW 82.14.030(1) for the
previous calendar year.
(2) At such times as distributions are made under RCW
82.44.150, the state treasurer shall apportion to each city not
imposing the sales and use tax under RCW 82.14.030(2) an
amount from the municipal sales and use tax equalization
account equal to the amount distributed to the city under
RCW 82.44.155, multiplied by forty-five fifty-fifths.
(3) Subsequent to the distributions under subsection (2)
of this section, and at such times as distributions are made
under RCW 82.44.150, the state treasurer shall apportion to
each city imposing the sales and use tax under RCW
(2002 Ed.)
Local Retail Sales and Use Taxes
82.14.030(1) at the maximum rate and receiving less than
seventy percent of the statewide weighted average per capita
level of revenues for all cities as determined by the department of revenue under subsection (1) of this section, an
amount from the municipal sales and use tax equalization
account sufficient, when added to the per capita level of
revenues received the previous calendar year by the city, to
equal seventy percent of the statewide weighted average per
capita level of revenues for all cities determined under
subsection (1) of this section, subject to reduction under
subsection (6) of this section.
(4) Subsequent to the distributions under subsection (3)
of this section, and at such times as distributions are made
under RCW 82.44.150, the state treasurer shall apportion to
each city imposing the sales and use tax under RCW
82.14.030(2) at the maximum rate and receiving a distribution under subsection (3) of this section, a third distribution
from the municipal sales and use tax equalization account.
The distribution to each qualifying city shall be equal to the
distribution to the city under subsection (3) of this section,
subject to the reduction under subsection (6) of this section.
To qualify for the distributions under this subsection, the city
must impose the tax under RCW 82.14.030(2) for the entire
calendar year. Cities imposing the tax for less than the full
year shall qualify for prorated allocations under this subsection proportionate to the number of months of the year
during which the tax is imposed.
(5) For a city with an official incorporation date after
January 1, 1990, municipal sales and use tax equalization
distributions shall be made according to the procedures in
this subsection. Municipal sales and use tax equalization
distributions to eligible new cities shall be made at the same
time as distributions are made under subsections (3) and (4)
of this section. The department of revenue shall follow the
estimating procedures outlined in this subsection until the
new city has received a full year’s worth of revenues under
RCW 82.14.030(1) as of the January municipal sales and use
tax equalization distribution.
(a) Whether a newly incorporated city determined to
receive funds under this subsection receives its first equalization payment at the January, April, July, or October municipal sales and use tax equalization distribution shall depend
on the date the city first imposes the tax authorized under
RCW 82.14.030(1).
(i) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of January 1st
shall be eligible to receive funds under this subsection
beginning with the April municipal sales and use tax
equalization distribution of that year.
(ii) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of February 1st,
March 1st, or April 1st shall be eligible to receive funds
under this subsection beginning with the July municipal sales
and use tax equalization distribution of that year.
(iii) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of May 1st, June
1st, or July 1st shall be eligible to receive funds under this
subsection beginning with the October municipal sales and
use tax equalization distribution of that year.
(iv) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of August 1st,
September 1st, or October 1st shall be eligible to receive
(2002 Ed.)
82.14.210
funds under this subsection beginning with the January
municipal sales and use tax equalization distribution of the
next year.
(v) A newly incorporated city imposing the tax authorized under RCW 82.14.030(1) effective as of November 1st
or December 1st shall be eligible to receive funds under this
subsection beginning with the April municipal sales and use
tax equalization distribution of the next year.
(b) For purposes of calculating the amount of funds the
new city should receive under this subsection, the department
of revenue shall:
(i) Estimate the per capita amount of revenues from the
tax authorized under RCW 82.14.030(1) that the new city
would have received had the city received revenues from the
tax the entire calendar year;
(ii) Calculate the amount provided under subsection (3)
of this section based on the per capita revenues determined
under (b)(i) of this subsection;
(iii) Prorate the amount determined under (b)(ii) of this
subsection by the number of months the tax authorized under
RCW 82.14.030(1) is imposed.
(c) A new city imposing the tax under RCW
82.14.030(2) at the maximum rate and receiving a distribution calculated under (b) of this subsection shall receive
another distribution from the municipal sales and use tax
equalization account. This distribution shall be equal to the
calculation made under (b)(ii) of this subsection, prorated by
the number of months the city imposes the tax authorized
under RCW 82.14.030(2) at the full rate.
(d) The department of revenue shall advise the state
treasurer of the amounts calculated under (b) and (c) of this
subsection and the state treasurer shall distribute these
amounts to the new city from the municipal sales and use
tax equalization account subject to the limitations imposed
in subsection (6) of this section.
(e) Revenues estimated under this subsection shall not
affect the calculation of the statewide weighted average per
capita level of revenues for all cities made under subsection
(1) of this section.
(6) If inadequate revenues exist in the municipal sales
and use tax equalization account to make the distributions
under subsection (3), (4), or (5) of this section, then the
distributions under subsections (3), (4), and (5) of this
section shall be reduced ratably among the qualifying cities.
At such time during the year as additional funds accrue to
the municipal sales and use tax equalization account, additional distributions shall be made under subsections (3), (4),
and (5) of this section to the cities.
(7) If the level of revenues in the municipal sales and
use tax equalization account exceeds the amount necessary
to make the distributions under subsections (2) through (5)
of this section, then the additional revenues shall be apportioned among the several cities within the state ratably on
the basis of population as last determined by the office of
financial management: PROVIDED, That no such distribution shall be made to those cities receiving a distribution
under subsection (2) of this section. [1996 c 64 § 1; 1991
sp.s. c 13 § 16; 1990 2nd ex.s. c 1 § 701; 1990 c 42 § 314;
1985 c 57 § 83; 1984 c 225 § 2; 1982 1st ex.s. c 49 § 22.]
Effective date—1996 c 64: "This act shall take effect July 1, 1996."
[1996 c 64 § 2.]
[Title 82 RCW—page 105]
82.14.210
Title 82 RCW: Excise Taxes
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1985 c 57: See note following RCW 18.04.105.
Intent—1984 c 225: "It is the intent of the legislature to provide for
the allocation of moneys by the department of revenue from the municipal
sales and use tax equalization account to cities and towns initially incorporated on or after January 1, 1983." [1984 c 225 § 1.]
Applicability—1984 c 225: "Sections 1 and 2 of this act apply to
distributions for calendar year 1984 and thereafter which are made to cities
and towns that were initially incorporated on or after January 1, 1983, and
that impose the tax authorized by RCW 82.14.030(1)." [1984 c 225 § 3.]
Rules—1984 c 225: "The department of revenue shall adopt rules as
necessary to implement this act." [1984 c 225 § 7.]
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.14.212 Transfer of funds pursuant to government service agreement. Funds that are distributed to
counties or cities pursuant to RCW 82.14.200 or 82.14.210
may be transferred by the recipient county or city to another
unit of local government pursuant to a government service
agreement as provided in RCW 36.115.040 and 36.115.050.
[1994 c 266 § 13.]
82.14.215 Apportionment and distribution—
Withholding revenue for noncompliance. The governor
may notify and direct the state treasurer to withhold the
revenues to which the county or city is entitled under this
chapter if a county or city is found to be in noncompliance
pursuant to RCW 36.70A.340. [1991 sp.s. c 32 § 35.]
Section headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
82.14.220 Figures for apportionments and distributions under RCW 82.14.200 and 82.14.210. The apportionments and distributions by the state treasurer under RCW
82.14.200 and 82.14.210 shall be based on figures supplied
by the department of revenue. [1984 c 225 § 4.]
Rules—1984 c 225: See note following RCW 82.14.210.
82.14.230 Natural or manufactured gas—Cities may
impose use tax. (1) The governing body of any city, while
not required by legislative mandate to do so, may, by
resolution or ordinance for the purposes authorized by this
chapter, fix and impose on every person a use tax for the
privilege of using natural gas or manufactured gas in the city
as a consumer.
(2) The tax shall be imposed in an amount equal to the
value of the article used by the taxpayer multiplied by the
rate in effect for the tax on natural gas businesses under
RCW 35.21.870 in the city in which the article is used. The
"value of the article used," does not include any amounts
that are paid for the hire or use of a natural gas business in
transporting the gas subject to tax under this subsection if
those amounts are subject to tax under RCW 35.21.870.
(3) The tax imposed under this section shall not apply
to the use of natural or manufactured gas if the person who
sold the gas to the consumer has paid a tax under RCW
[Title 82 RCW—page 106]
35.21.870 with respect to the gas for which exemption is
sought under this subsection.
(4) There shall be a credit against the tax levied under
this section in an amount equal to any tax paid by:
(a) The person who sold the gas to the consumer when
that tax is a gross receipts tax similar to that imposed
pursuant to RCW 35.21.870 by another state with respect to
the gas for which a credit is sought under this subsection; or
(b) The person consuming the gas upon which a use tax
similar to the tax imposed by this section was paid to
another state with respect to the gas for which a credit is
sought under this subsection.
(5) The use tax hereby imposed shall be paid by the
consumer. The administration and collection of the tax
hereby imposed shall be pursuant to RCW 82.14.050. [1989
c 384 § 2.]
Intent—Effective date—1989 c 384: See notes following RCW
82.12.022.
82.14.300 Local government criminal justice
assistance—Finding. The legislature finds and declares that
local government criminal justice systems are in need of
assistance. Many counties and cities are unable to provide
sufficient funding for additional police protection, mitigation
of congested court systems, public safety education, and
relief of overcrowded jails.
In order to ensure public safety, it is necessary to
provide fiscal assistance to help local governments to
respond immediately to these criminal justice problems,
while initiating a review of the criminal justice needs of
cities and counties and the resources available to address
those needs.
To provide for a more efficient and effective response
to these problems, the legislature encourages cities and
counties to coordinate strategies against crime and use
multijurisdictional and innovative approaches in addressing
criminal justice problems. [1995 c 312 § 83; 1990 2nd ex.s.
c 1 § 1.]
Short title—1995 c 312: See note following RCW 13.32A.010.
Severability—1990 2nd ex.s. c 1: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 2nd ex.s. c 1 § 1104.]
82.14.310 County criminal justice assistance
account—Transfers from general fund—Distributions
based on crime rate and population—Limitations. (1)
The county criminal justice assistance account is created in
the state treasury. Beginning in fiscal year 2000, the state
treasurer shall transfer into the county criminal justice
assistance account from the general fund the sum of twentythree million two hundred thousand dollars divided into four
equal deposits occurring on July 1, October 1, January 1,
and April 1. For each fiscal year thereafter, the state
treasurer shall increase the total transfer by the fiscal growth
factor, as defined in RCW 43.135.025, forecast for that fiscal
year by the office of financial management in November of
the preceding year.
(2) The moneys deposited in the county criminal justice
assistance account for distribution under this section, less any
moneys appropriated for purposes under subsection (4) of
this section, shall be distributed at such times as distributions
(2002 Ed.)
Local Retail Sales and Use Taxes
are made under RCW 82.44.150 and on the relative basis of
each county’s funding factor as determined under this
subsection.
(a) A county’s funding factor is the sum of:
(i) The population of the county, divided by one
thousand, and multiplied by two-tenths;
(ii) The crime rate of the county, multiplied by threetenths; and
(iii) The annual number of criminal cases filed in the
county superior court, for each one thousand in population,
multiplied by five-tenths.
(b) Under this section and RCW 82.14.320 and
82.14.330:
(i) The population of the county or city shall be as last
determined by the office of financial management;
(ii) The crime rate of the county or city is the annual
occurrence of specified criminal offenses, as calculated in
the most recent annual report on crime in Washington state
as published by the Washington association of sheriffs and
police chiefs, for each one thousand in population;
(iii) The annual number of criminal cases filed in the
county superior court shall be determined by the most recent
annual report of the courts of Washington, as published by
the office of the administrator for the courts;
(iv) Distributions and eligibility for distributions in the
1989-91 biennium shall be based on 1988 figures for both
the crime rate as described under (ii) of this subsection and
the annual number of criminal cases that are filed as described under (iii) of this subsection. Future distributions
shall be based on the most recent figures for both the crime
rate as described under (ii) of this subsection and the annual
number of criminal cases that are filed as described under
(iii) of this subsection.
(3) Moneys distributed under this section shall be
expended exclusively for criminal justice purposes and shall
not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially
assist the criminal justice system, which may include circumstances where ancillary benefit to the civil or juvenile justice
system occurs, and which includes (a) domestic violence
services such as those provided by domestic violence
programs, community advocates, and legal advocates, as
defined in RCW 70.123.020, and (b) during the 2001-2003
fiscal biennium, juvenile dispositional hearings relating to
petitions for at-risk youth, truancy, and children in need of
services. Existing funding for purposes of this subsection is
defined as calendar year 1989 actual operating expenditures
for criminal justice purposes. Calendar year 1989 actual
operating expenditures for criminal justice purposes exclude
the following: Expenditures for extraordinary events not
likely to reoccur, changes in contract provisions for criminal
justice services, beyond the control of the local jurisdiction
receiving the services, and major nonrecurring capital
expenditures.
(4) Not more than five percent of the funds deposited to
the county criminal justice assistance account shall be
available for appropriations for enhancements to the state
patrol crime laboratory system and the continuing costs
related to these enhancements. Funds appropriated from this
account for such enhancements shall not supplant existing
funds from the state general fund. [2001 2nd sp.s. c 7 §
915; 1999 c 309 § 920; 1998 c 321 § 11 (Referendum Bill
(2002 Ed.)
82.14.310
No. 49, approved November 3, 1998); 1995 c 398 § 11;
1993 sp.s. c 21 § 1; 1991 c 311 § 1; 1990 2nd ex.s. c 1 §
102.]
Severability—Effective date—2001 2nd sp.s. c 7: See notes
following RCW 43.320.110.
Severability—Effective date—1999 c 309: See notes following
RCW 41.14.045.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
Effective dates—1993 sp.s. c 21: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1993, except for section 4 of this act, which shall take effect
immediately [May 28, 1993], and sections 1 through 3, 5, and 7 of this act,
which shall take effect January 1, 1994." [1993 sp.s. c 21 § 10.]
Severability—1991 c 311: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 c 311 § 8.]
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
82.14.320 Municipal criminal justice assistance
account—Transfers from general fund—Distributions
criteria and formula—Limitations. (1) The municipal
criminal justice assistance account is created in the state
treasury. Beginning in fiscal year 2000, the state treasurer
shall transfer into the municipal criminal justice assistance
account for distribution under this section from the general
fund the sum of four million six hundred thousand dollars
divided into four equal deposits occurring on July 1, October
1, January 1, and April 1. For each fiscal year thereafter,
the state treasurer shall increase the total transfer by the
fiscal growth factor, as defined in RCW 43.135.025, forecast
for that fiscal year by the office of financial management in
November of the preceding year.
(2) No city may receive a distribution under this section
from the municipal criminal justice assistance account
unless:
(a) The city has a crime rate in excess of one hundred
twenty-five percent of the statewide average as calculated in
the most recent annual report on crime in Washington state
as published by the Washington association of sheriffs and
police chiefs;
(b) The city has levied the tax authorized in RCW
82.14.030(2) at the maximum rate or the tax authorized in
RCW 82.46.010(3) at the maximum rate; and
(c) The city has a per capita yield from the tax imposed
under RCW 82.14.030(1) at the maximum rate of less than
one hundred fifty percent of the statewide average per capita
yield for all cities from such local sales and use tax.
(3) The moneys deposited in the municipal criminal
justice assistance account for distribution under this section,
less any moneys appropriated for purposes under subsection
(7) of this section, shall be distributed at such times as
distributions are made under RCW 82.44.150. The distributions shall be made as follows:
[Title 82 RCW—page 107]
82.14.320
Title 82 RCW: Excise Taxes
(a) Unless reduced by this subsection, thirty percent of
the moneys shall be distributed ratably based on population
as last determined by the office of financial management to
those cities eligible under subsection (2) of this section that
have a crime rate determined under subsection (2)(a) of this
section which is greater than one hundred seventy-five
percent of the statewide average crime rate. No city may
receive more than fifty percent of any moneys distributed
under this subsection (a) but, if a city distribution is reduced
as a result of exceeding the fifty percent limitation, the
amount not distributed shall be distributed under (b) of this
subsection.
(b) The remainder of the moneys, including any moneys
not distributed in subsection (2)(a) of this section, shall be
distributed to all cities eligible under subsection (2) of this
section ratably based on population as last determined by the
office of financial management.
(4) No city may receive more than thirty percent of all
moneys distributed under subsection (3) of this section.
(5) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or
repeals its criminal code after July 1, 1990, and that does not
reimburse the county for costs associated with criminal cases
under RCW 3.50.800 or 3.50.805(2), shall be made to the
county in which the city is located.
(6) Moneys distributed under this section shall be
expended exclusively for criminal justice purposes and shall
not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially
assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system
occurs, and which includes domestic violence services such
as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW
70.123.020, and publications and public educational efforts
designed to provide information and assistance to parents in
dealing with runaway or at-risk youth. Existing funding for
purposes of this subsection is defined as calendar year 1989
actual operating expenditures for criminal justice purposes.
Calendar year 1989 actual operating expenditures for
criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes
in contract provisions for criminal justice services, beyond
the control of the local jurisdiction receiving the services,
and major nonrecurring capital expenditures.
(7) Not more than five percent of the funds deposited to
the municipal criminal justice assistance account shall be
available for appropriations for enhancements to the state
patrol crime laboratory system and the continuing costs
related to these enhancements. Funds appropriated from this
account for such enhancements shall not supplant existing
funds from the state general fund. [1998 c 321 § 12
(Referendum Bill No. 49, approved November 3, 1998).
Prior: 1995 c 398 § 12; 1995 c 312 § 84; 1993 sp.s. c 21 §
2; 1992 c 55 § 1; prior: 1991 sp.s. c 26 § 1; 1991 sp.s. c 13
§ 30; 1990 2nd ex.s. c 1 § 104.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
[Title 82 RCW—page 108]
Short title—1995 c 312: See note following RCW 13.32A.010.
Effective dates—1993 sp.s. c 21: See note following RCW
82.14.310.
Severability—1992 c 55: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1992 c 55 § 2.]
Retroactive application—1991 sp.s. c 26: "The changes contained
in section 1, chapter 26, Laws of 1991 sp. sess. are remedial, curative, and
clarify ambiguities in prior existing law. These changes shall apply
retroactively to July 1, 1990." [1991 sp.s. c 26 § 3.]
Severability—1991 sp.s. c 26: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 sp.s. c 26 § 4.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
82.14.330 Municipal criminal justice assistance
account—Transfers from general fund—Distributions
based on crime rate, population, and innovation—
Limitations. (1) Beginning in fiscal year 2000, the state
treasurer shall transfer into the municipal criminal justice
assistance account for distribution under this section from the
general fund the sum of four million six hundred thousand
dollars divided into four equal deposits occurring on July 1,
October 1, January 1, and April 1. For each fiscal year
thereafter, the state treasurer shall increase the total transfer
by the fiscal growth factor, as defined in RCW 43.135.025,
forecast for that fiscal year by the office of financial management in November of the preceding year. The moneys
deposited in the municipal criminal justice assistance account
for distribution under this section, less any moneys appropriated for purposes under subsection (4) of this section, shall
be distributed to the cities of the state as follows:
(a) Twenty percent appropriated for distribution shall be
distributed to cities with a three-year average violent crime
rate for each one thousand in population in excess of one
hundred fifty percent of the statewide three-year average
violent crime rate for each one thousand in population. The
three-year average violent crime rate shall be calculated
using the violent crime rates for each of the preceding three
years from the annual reports on crime in Washington state
as published by the Washington association of sheriffs and
police chiefs. Moneys shall be distributed under this
subsection (1)(a) ratably based on population as last determined by the office of financial management, but no city
may receive more than one dollar per capita. Moneys
remaining undistributed under this subsection at the end of
each calendar year shall be distributed to the criminal justice
training commission to reimburse participating city law
enforcement agencies with ten or fewer full-time commissioned patrol officers the cost of temporary replacement of
each officer who is enrolled in basic law enforcement
training, as provided in RCW 43.101.200.
(b) Sixteen percent shall be distributed to cities ratably
based on population as last determined by the office of
financial management, but no city may receive less than one
thousand dollars.
(2002 Ed.)
Local Retail Sales and Use Taxes
The moneys deposited in the municipal criminal justice
assistance account for distribution under this subsection shall
be distributed at such times as distributions are made under
RCW 82.44.150.
Moneys distributed under this subsection shall be
expended exclusively for criminal justice purposes and shall
not be used to replace or supplant existing funding. Criminal justice purposes are defined as activities that substantially
assist the criminal justice system, which may include circumstances where ancillary benefit to the civil justice system
occurs, and which includes domestic violence services such
as those provided by domestic violence programs, community advocates, and legal advocates, as defined in RCW
70.123.020. Existing funding for purposes of this subsection
is defined as calendar year 1989 actual operating expenditures for criminal justice purposes. Calendar year 1989
actual operating expenditures for criminal justice purposes
exclude the following: Expenditures for extraordinary events
not likely to reoccur, changes in contract provisions for
criminal justice services, beyond the control of the local
jurisdiction receiving the services, and major nonrecurring
capital expenditures.
(2) In addition to the distributions under subsection (1)
of this section:
(a) Fourteen percent shall be distributed to cities that
have initiated innovative law enforcement strategies, including alternative sentencing and crime prevention programs.
No city may receive more than one dollar per capita under
this subsection (2)(a).
(b) Twenty percent shall be distributed to cities that
have initiated programs to help at-risk children or child
abuse victim response programs. No city may receive more
than fifty cents per capita under this subsection (2)(b).
(c) Twenty percent shall be distributed to cities that
have initiated programs designed to reduce the level of
domestic violence within their jurisdictions or to provide
counseling for domestic violence victims. No city may
receive more than fifty cents per capita under this subsection
(2)(c).
(d) Ten percent shall be distributed to cities that contract
with another governmental agency for a majority of the
city’s law enforcement services.
Moneys distributed under this subsection shall be
distributed to those cities that submit funding requests under
this subsection to the department of community, trade, and
economic development based on criteria developed under
RCW 82.14.335. Allocation of funds shall be in proportion
to the population of qualified jurisdictions, but the distribution to a city shall not exceed the amount of funds requested.
Cities shall submit requests for program funding to the
department of community, trade, and economic development
by November 1 of each year for funding the following year.
The department shall certify to the state treasurer the cities
eligible for funding under this subsection and the amount of
each allocation.
The moneys deposited in the municipal criminal justice
assistance account for distribution under this subsection, less
any moneys appropriated for purposes under subsection (4)
of this section, shall be distributed at the times as distributions are made under RCW 82.44.150. Moneys remaining
undistributed under this subsection at the end of each calendar year shall be distributed to the criminal justice training
(2002 Ed.)
82.14.330
commission to reimburse participating city law enforcement
agencies with ten or fewer full-time commissioned patrol
officers the cost of temporary replacement of each officer
who is enrolled in basic law enforcement training, as
provided in RCW 43.101.200.
If a city is found by the state auditor to have expended
funds received under this subsection in a manner that does
not comply with the criteria under which the moneys were
received, the city shall be ineligible to receive future distributions under this subsection until the use of the moneys
are justified to the satisfaction of the director or are repaid
to the state general fund. The director may allow noncomplying use of moneys received under this subsection upon a
showing of hardship or other emergent need.
(3) Notwithstanding other provisions of this section, the
distributions to any city that substantially decriminalizes or
repeals its criminal code after July 1, 1990, and that does not
reimburse the county for costs associated with criminal cases
under RCW 3.50.800 or 3.50.805(2), shall be made to the
county in which the city is located.
(4) Not more than five percent of the funds deposited to
the municipal criminal justice assistance account shall be
available for appropriations for enhancements to the state
patrol crime laboratory system and the continuing costs
related to these enhancements. Funds appropriated from this
account for such enhancements shall not supplant existing
funds from the state general fund. [1998 c 321 § 13
(Referendum Bill No. 49, approved November 3, 1998);
1995 c 398 § 13; 1994 c 273 § 22; 1993 sp.s. c 21 § 3; 1991
c 311 § 4; 1990 2nd ex.s. c 1 § 105.]
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
Effective date—1994 c 273 § 22: "Section 22 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately [April 1, 1994]." [1994 c 273 § 24.]
Effective dates—1993 sp.s. c 21: See note following RCW
82.14.310.
Retroactive application—1991 c 311: "The changes contained in
sections 2, 3, 4, and 5 of this act are remedial, curative, and clarify
ambiguities in prior existing law. These changes shall apply retroactively
to July 1, 1990." [1991 c 311 § 6.]
Severability—1991 c 311: See note following RCW 82.14.310.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
82.14.335 Grant criteria for distributions under
RCW 82.14.330(2). The department of community, trade,
and economic development shall adopt criteria to be used in
making grants to cities under RCW 82.14.330(2). In developing the criteria, the department shall create a temporary
advisory committee consisting of the director of community,
trade, and economic development, two representatives
nominated by the association of Washington cities, and two
representatives nominated by the Washington association of
sheriffs and police chiefs. [1995 c 399 § 213; 1993 sp.s. c
21 § 4.]
[Title 82 RCW—page 109]
82.14.335
Title 82 RCW: Excise Taxes
Effective dates—1993 sp.s. c 21: See note following RCW
82.14.310.
82.14.340 Additional sales and use tax for criminal
justice purposes—Referendum—Expenditures. The
legislative authority of any county may fix and impose a
sales and use tax in accordance with the terms of this
chapter, provided that such sales and use tax is subject to
repeal by referendum, using the procedures provided in
RCW 82.14.036. The referendum procedure provided in
RCW 82.14.036 is the exclusive method for subjecting any
county sales and use tax ordinance or resolution to a
referendum vote.
The tax authorized in this section shall be in addition to
any other taxes authorized by law and shall be collected
from those persons who are taxable by the state pursuant to
chapters 82.08 and 82.12 RCW upon the occurrence of any
taxable event within such county. The rate of tax shall equal
one-tenth of one percent of the selling price (in the case of
a sales tax) or value of the article used (in the case of a use
tax).
When distributing moneys collected under this section,
the state treasurer shall distribute ten percent of the moneys
to the county in which the tax was collected. The remainder
of the moneys collected under this section shall be distributed to the county and the cities within the county ratably
based on population as last determined by the office of
financial management. In making the distribution based on
population, the county shall receive that proportion that the
unincorporated population of the county bears to the total
population of the county and each city shall receive that
proportion that the city incorporated population bears to the
total county population.
Moneys received from any tax imposed under this
section shall be expended exclusively for criminal justice
purposes and shall not be used to replace or supplant existing funding. Criminal justice purposes are defined as
activities that substantially assist the criminal justice system,
which may include circumstances where ancillary benefit to
the civil justice system occurs, and which includes domestic
violence services such as those provided by domestic
violence programs, community advocates, and legal advocates, as defined in RCW 70.123.020. Existing funding for
purposes of this subsection is defined as calendar year 1989
actual operating expenditures for criminal justice purposes.
Calendar year 1989 actual operating expenditures for
criminal justice purposes exclude the following: Expenditures for extraordinary events not likely to reoccur, changes
in contract provisions for criminal justice services, beyond
the control of the local jurisdiction receiving the services,
and major nonrecurring capital expenditures.
In the expenditure of funds for criminal justice purposes
as provided in this section, cities and counties, or any
combination thereof, are expressly authorized to participate
in agreements, pursuant to chapter 39.34 RCW, to jointly
expend funds for criminal justice purposes of mutual benefit.
Such criminal justice purposes of mutual benefit include, but
are not limited to, the construction, improvement, and
expansion of jails, court facilities, and juvenile justice
facilities. [1995 c 309 § 1; 1993 sp.s. c 21 § 6. Prior:
1991 c 311 § 5; 1991 c 301 § 16; 1990 2nd ex.s. c 1 § 901.]
[Title 82 RCW—page 110]
Effective dates—1993 sp.s. c 21: See note following RCW
82.14.310.
Severability—1991 c 311: See note following RCW 82.14.310.
Retroactive application—1991 c 311: See note following RCW
82.14.330.
Finding—1991 c 301: See note following RCW 10.99.020.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Sales and use tax for high capacity transportation service limited by
imposition of tax under RCW 82.14.340: RCW 81.104.170.
82.14.350 Sales and use tax for juvenile detention
facilities and jails—Colocation. (1) A county legislative
authority in a county with a population of less than one
million may submit an authorizing proposition to the county
voters, and if the proposition is approved by a majority of
persons voting, fix and impose a sales and use tax in
accordance with the terms of this chapter for the purposes
designated in subsection (3) of this section.
(2) The tax authorized in this section shall be in
addition to any other taxes authorized by law and shall be
collected from those persons who are taxable by the state
under chapters 82.08 and 82.12 RCW upon the occurrence
of any taxable event within the county. The rate of tax shall
equal one-tenth of one percent of the selling price in the case
of a sales tax, or value of the article used, in the case of a
use tax.
(3) Moneys received from any tax imposed under this
section shall be used solely for the purpose of providing
funds for costs associated with financing, design, acquisition,
construction, equipping, operating, maintaining, remodeling,
repairing, reequipping, and improvement of juvenile detention facilities and jails.
(4) Counties are authorized to develop joint ventures to
colocate juvenile detention facilities and to colocate jails.
[1995 2nd sp.s. c 10 § 1.]
82.14.360 Special stadium sales and use taxes. (1)
The legislative authority of a county with a population of
one million or more may impose a special stadium sales and
use tax upon the retail sale or use within the county by
restaurants, taverns, and bars of food and beverages that are
taxable by the state under chapters 82.08 and 82.12 RCW.
The rate of the tax shall not exceed five-tenths of one
percent of the selling price in the case of a sales tax, or
value of the article used in the case of a use tax. The tax
imposed under this subsection is in addition to any other
taxes authorized by law and shall not be credited against any
other tax imposed upon the same taxable event. As used in
this section, "restaurant" does not include grocery stores,
mini-markets, or convenience stores.
(2) The legislative authority of a county with a population of one million or more may impose a special stadium
sales and use tax upon retail car rentals within the county
that are taxable by the state under chapters 82.08 and 82.12
RCW. The rate of the tax shall not exceed two percent of
the selling price in the case of a sales tax, or rental value of
the vehicle in the case of a use tax. The tax imposed under
this subsection is in addition to any other taxes authorized by
law and shall not be credited against any other tax imposed
upon the same taxable event.
(2002 Ed.)
Local Retail Sales and Use Taxes
(3) The revenue from the taxes imposed under this
section shall be used for the purpose of principal and interest
payments on bonds, issued by the county, to acquire,
construct, own, remodel, maintain, equip, reequip, repair, and
operate a baseball stadium. Revenues from the taxes
authorized in this section may be used for design and other
preconstruction costs of the baseball stadium until bonds are
issued for the baseball stadium. The county shall issue
bonds, in an amount determined to be necessary by the
public facilities district, for the district to acquire, construct,
own, and equip the baseball stadium. The county shall have
no obligation to issue bonds in an amount greater than that
which would be supported by the tax revenues under this
section, RCW 82.14.0485, and 36.38.010(4) (a) and (b). If
the revenue from the taxes imposed under this section
exceeds the amount needed for such principal and interest
payments in any year, the excess shall be used solely:
(a) For early retirement of the bonds issued for the
baseball stadium; and
(b) If the revenue from the taxes imposed under this
section exceeds the amount needed for the purposes in (a) of
this subsection in any year, the excess shall be placed in a
contingency fund which may only be used to pay unanticipated capital costs on the baseball stadium, excluding any
cost overruns on initial construction.
(4) The taxes authorized under this section shall not be
collected after June 30, 1997, unless the county executive
has certified to the department of revenue that a professional
major league baseball team has made a binding and legally
enforceable contractual commitment to:
(a) Play at least ninety percent of its home games in the
stadium for a period of time not shorter than the term of the
bonds issued to finance the initial construction of the
stadium;
(b) Contribute forty-five million dollars toward the
reasonably necessary preconstruction costs including, but not
limited to architectural, engineering, environmental, and legal
services, and the cost of construction of the stadium, or to
any associated public purpose separate from bond-financed
property, including without limitation land acquisition,
parking facilities, equipment, infrastructure, or other similar
costs associated with the project, which contribution shall be
made during a term not to exceed the term of the bonds
issued to finance the initial construction of the stadium. If
all or part of the contribution is made after the date of
issuance of the bonds, the team shall contribute an additional
amount equal to the accruing interest on the deferred portion
of the contribution, calculated at the interest rate on the
bonds maturing in the year in which the deferred contribution is made. No part of the contribution may be made
without the consent of the county until a public facilities
district is created under chapter 36.100 RCW to acquire,
construct, own, remodel, maintain, equip, reequip, repair, and
operate a baseball stadium. To the extent possible, contributions shall be structured in a manner that would allow for the
issuance of bonds to construct the stadium that are exempt
from federal income taxes; and
(c) Share a portion of the profits generated by the
baseball team from the operation of the professional franchise for a period of time equal to the term of the bonds
issued to finance the initial construction of the stadium, after
offsetting any losses incurred by the baseball team after *the
(2002 Ed.)
82.14.360
effective date of chapter 14, Laws of 1995 1st sp. sess.
Such profits and the portion to be shared shall be defined by
agreement between the public facilities district and the
baseball team. The shared profits shall be used to retire the
bonds issued to finance the initial construction of the
stadium. If the bonds are retired before the expiration of
their term, the shared profits shall be paid to the public
facilities district.
(5) No tax may be collected under this section before
January 1, 1996. Before collecting the taxes under this
section or issuing bonds for a baseball stadium, the county
shall create a public facilities district under chapter 36.100
RCW to acquire, construct, own, remodel, maintain, equip,
reequip, repair, and operate a baseball stadium.
(6) The county shall assemble such real property as the
district determines to be necessary as a site for the baseball
stadium. Property which is necessary for this purpose that
is owned by the county on October 17, 1995, shall be
contributed to the district, and property which is necessary
for this purpose that is acquired by the county on or after
October 17, 1995, shall be conveyed to the district.
(7) The proceeds of any bonds issued for the baseball
stadium shall be provided to the district.
(8) As used in this section, "baseball stadium" means
"baseball stadium" as defined in RCW 82.14.0485.
(9) The taxes imposed under this section shall expire
when the bonds issued for the construction of the baseball
stadium are retired, but not later than twenty years after the
taxes are first collected. [2000 c 103 § 10; 1995 3rd sp.s. c
1 § 201; 1995 1st sp.s. c 14 § 7.]
*Reviser’s note: 1995 1st sp.s. c 14 had two effective dates.
Sections 1 through 9 and 11 took effect July 1, 1995, and sections 10 and
12 took effect June 14, 1995.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
Severability—Effective dates—1995 1st sp.s. c 14: See notes
following RCW 36.100.010.
82.14.370 Sales and use tax for public facilities in
rural counties. (1) The legislative authority of a rural
county may impose a sales and use tax in accordance with
the terms of this chapter. The tax is in addition to other
taxes authorized by law and shall be collected from those
persons who are taxable by the state under chapters 82.08
and 82.12 RCW upon the occurrence of any taxable event
within the county. The rate of tax shall not exceed 0.08 percent of the selling price in the case of a sales tax or value of
the article used in the case of a use tax, except that for rural
counties with population densities between sixty and one
hundred persons per square mile, the rate shall not exceed
0.04 percent before January 1, 2000.
(2) The tax imposed under subsection (1) of this section
shall be deducted from the amount of tax otherwise required
to be collected or paid over to the department of revenue
under chapter 82.08 or 82.12 RCW. The department of
revenue shall perform the collection of such taxes on behalf
of the county at no cost to the county.
(3) Moneys collected under this section shall only be
used for the purpose of financing public facilities in rural
counties. The public facility must be listed as an item in the
officially adopted county overall economic development
plan, or the economic development section of the county’s
[Title 82 RCW—page 111]
82.14.370
Title 82 RCW: Excise Taxes
comprehensive plan, or the comprehensive plan of a city or
town located within the county for those counties planning
under RCW 36.70A.040. For those counties that do not
have an adopted overall economic development plan and do
not plan under the growth management act, the public
facility must be listed in the county’s capital facilities plan
or the capital facilities plan of a city or town located within
the county. In implementing this section, the county shall
consult with cities, towns, and port districts located within
the county. For the purposes of this section, "public facilities" means bridges, roads, domestic and industrial water
facilities, sanitary sewer facilities, earth stabilization, storm
sewer facilities, railroad, electricity, natural gas, buildings,
structures, telecommunications infrastructure, transportation
infrastructure, or commercial infrastructure, and port facilities in the state of Washington.
(4) No tax may be collected under this section before
July 1, 1998. No tax may be collected under this section by
a county more than twenty-five years after the date that a tax
is first imposed under this section.
(5) For purposes of this section, "rural county" means a
county with a population density of less than one hundred
persons per square mile or a county smaller than two
hundred twenty-five square miles as determined by the office
of financial management and published each year by the
department for the period July 1st to June 30th. [2002 c 184
§ 1; 1999 c 311 § 101; 1998 c 55 § 6; 1997 c 366 § 3.]
(1) A strategically designed plan of assistance, emphasizing state,
local, and private sector leadership and partnership;
(2) A comprehensive and significant array of business assistance,
services, and tax incentives that are accountable and performance driven;
(3) An array of community assistance including infrastructure
development and business retention, attraction, and expansion programs that
will provide a competitive advantage to rural distressed areas throughout
Washington; and
(4) Regulatory relief to reduce and streamline zoning, permitting, and
regulatory requirements in order to enhance the capability of businesses to
grow and prosper in rural distressed areas." [1997 c 366 § 1.]
Goals—1997 c 366: "The primary goals of chapter 366, Laws of
1997 are to:
(1) Promote the ongoing operation of business in rural distressed
areas;
(2) Promote the expansion of existing businesses in rural distressed
areas;
(3) Attract new businesses to rural distressed areas;
(4) Assist in the development of new businesses from within rural
distressed areas;
(5) Provide family wage jobs to the citizens of rural distressed areas;
and
(6) Promote the development of communities of excellence in rural
distressed areas." [1997 c 366 § 2.]
Severability—1997 c 366: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 366 § 11.]
Captions and part headings not law—1997 c 366: "Section
captions and part headings used in this act are not any part of the law."
[1997 c 366 § 12.]
Finding—Intent—1999 c 311: "The legislature finds that while
Washington’s economy is currently prospering, economic growth continues
to be uneven, particularly as between metropolitan and rural areas. This has
created in effect two Washingtons: One afflicted by inadequate infrastructure to support and attract investment, another suffering from congestion and
soaring housing prices. In order to address these problems, the legislature
intends to use resources strategically to build on our state’s strengths while
addressing threats to our prosperity." [1999 c 311 § 1.]
Part headings and subheadings not law—1999 c 311: "Part
headings and subheadings used in this act are not any part of the law."
[1999 c 311 § 601.]
Effective date—1999 c 311: "Sections 1, 101, 201, 301 through 305,
401, 402, 601, and 605 of this act take effect August 1, 1999." [1999 c 311
§ 604.]
Severability—1999 c 311: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 311 § 606.]
Intent—1997 c 366: "The legislature recognizes the economic
hardship that rural distressed areas throughout the state have undergone in
recent years. Numerous rural distressed areas across the state have
encountered serious economic downturns resulting in significant job loss
and business failure. In 1991 the legislature enacted two major pieces of
legislation to promote economic development and job creation, with
particular emphasis on worker training, income, and emergency services
support, along with community revitalization through planning services and
infrastructure assistance. However even though these programs have been
of assistance, rural distressed areas still face serious economic problems
including: Above-average unemployment rates from job losses and belowaverage employment growth; low rate of business start-ups; and persistent
erosion of vitally important resource-driven industries.
The legislature also recognizes that rural distressed areas in Washington have an abiding ability and consistent will to overcome these economic
obstacles by building upon their historic foundations of business enterprise,
local leadership, and outstanding work ethic.
The legislature intends to assist rural distressed areas in their ongoing
efforts to address these difficult economic problems by providing a
comprehensive and significant array of economic tools, necessary to harness
the persistent and undaunted spirit of enterprise that resides in the citizens
of rural distressed areas throughout the state.
The further intent of this act is to provide:
82.14.380 Distressed county assistance account—
Created—Distributions. (1) The distressed county assistance account is created in the state treasury. Into this
account shall be placed a portion of all motor vehicle excise
tax receipts as provided in RCW 82.44.110. At such times
as distributions are made under RCW 82.44.150, the state
treasurer shall distribute the funds in the distressed county
assistance account to each county imposing the sales and use
tax authorized under RCW 82.14.370 as of January 1, 1999,
in the same proportions as distributions of the tax imposed
under RCW 82.14.370 for these counties for the previous
quarter.
(2) Funds distributed from the distressed county assistance account shall be expended by the counties for criminal
justice and other purposes. [1999 c 311 § 201; 1998 c 321
§ 10 (Referendum Bill No. 49, approved November 3,
1998).]
[Title 82 RCW—page 112]
Finding—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 311: See notes following RCW
82.14.370.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
82.14.390 Sales and use tax for regional centers.
(1) Except as provided in subsection (6) of this section, the
governing body of a public facilities district created before
July 31, 2002, under chapter 35.57 or 36.100 RCW that
commences construction of a new regional center, or
improvement or rehabilitation of an existing new regional
center, before January 1, 2004, may impose a sales and use
tax in accordance with the terms of this chapter. The tax is
(2002 Ed.)
Local Retail Sales and Use Taxes
in addition to other taxes authorized by law and shall be
collected from those persons who are taxable by the state
under chapters 82.08 and 82.12 RCW upon the occurrence
of any taxable event within the public facilities district. The
rate of tax shall not exceed 0.033 percent of the selling price
in the case of a sales tax or value of the article used in the
case of a use tax.
(2) The tax imposed under subsection (1) of this section
shall be deducted from the amount of tax otherwise required
to be collected or paid over to the department of revenue
under chapter 82.08 or 82.12 RCW. The department of
revenue shall perform the collection of such taxes on behalf
of the county at no cost to the public facilities district.
(3) No tax may be collected under this section before
August 1, 2000. The tax imposed in this section shall expire
when the bonds issued for the construction of the regional
center and related parking facilities are retired, but not more
than twenty-five years after the tax is first collected.
(4) Moneys collected under this section shall only be
used for the purposes set forth in RCW 35.57.020 and must
be matched with an amount from other public or private
sources equal to thirty-three percent of the amount collected
under this section, provided that amounts generated from
nonvoter approved taxes authorized under chapter 35.57
RCW or nonvoter approved taxes authorized under chapter
36.100 RCW shall not constitute a public or private source.
For the purpose of this section, public or private sources
includes, but is not limited to cash or in-kind contributions
used in all phases of the development or improvement of the
regional center, land that is donated and used for the siting
of the regional center, cash or in-kind contributions from
public or private foundations, or amounts attributed to
private sector partners as part of a public and private
partnership agreement negotiated by the public facilities district.
(5) The combined total tax levied under this section
shall not be greater than 0.033 percent. If both a public
facilities district created under chapter 35.57 RCW and a
public facilities district created under chapter 36.100 RCW
impose a tax under this section, the tax imposed by a public
facilities district created under chapter 35.57 RCW shall be
credited against the tax imposed by a public facilities district
created under chapter 36.100 RCW.
(6) A public facilities district created under chapter
36.100 RCW is not eligible to impose the tax under this
section if the legislative authority of the county where the
public facilities district is located has imposed a sales and
use tax under RCW 82.14.0485 or 82.14.0494. [2002 c 363
§ 4; 1999 c 165 § 13.]
Severability—1999 c 164: See RCW 35.57.900.
82.14.400 Sales and use tax for zoo, aquarium, and
wildlife facilities—Authorizing proposition—
Distributions. (1) Upon the joint request of a metropolitan
park district, a city with a population of more than one
hundred fifty thousand, and a county legislative authority in
a county with a national park and a population of more than
five hundred thousand and less than one million five hundred
thousand, the county shall submit an authorizing proposition
to the county voters, fixing and imposing a sales and use tax
in accordance with this chapter for the purposes designated
(2002 Ed.)
82.14.390
in subsection (4) of this section and identified in the joint
request. Such proposition must be placed on a ballot for a
special or general election to be held no later than one year
after the date of the joint request.
(2) The proposition is approved if it receives the votes
of a majority of those voting on the proposition.
(3) The tax authorized in this section is in addition to
any other taxes authorized by law and shall be collected
from those persons who are taxable by the state under
chapters 82.08 and 82.12 RCW upon the occurrence of any
taxable event within the county. The rate of tax shall equal
no more than one-tenth of one percent of the selling price in
the case of a sales tax, or value of the article used, in the
case of a use tax.
(4) Moneys received from any tax imposed under this
section shall be used solely for the purpose of providing
funds for:
(a) Costs associated with financing, design, acquisition,
construction, equipping, operating, maintaining, remodeling,
repairing, reequipping, or improvement of zoo, aquarium,
and wildlife preservation and display facilities that are
currently accredited by the American zoo and aquarium
association; or
(b) Those costs associated with (a) of this subsection
and costs related to parks located within a county described
in subsection (1) of this section.
(5) The department of revenue shall perform the
collection of such taxes on behalf of the county at no cost to
the county. In lieu of the charge for the administration and
collection of local sales and use taxes under RCW 82.14.050
from which the county is exempt under this subsection (5),
a percentage of the tax revenues authorized by this section
equal to one-half of the maximum percentage provided in
RCW 82.14.050 shall be transferred annually to the department of community, trade, and economic development, or its
successor agency, from the funds allocated under subsection
(6)(b) of this section for a period of twelve years from the
first date of distribution of funds under subsection (6)(b) of
this section. The department of community, trade, and
economic development, or its successor agency, shall use
funds transferred to it pursuant to this subsection (5) to
provide, operate, and maintain community-based housing
under chapter 43.185 RCW for persons who are mentally ill.
(6) If the joint request and the authorizing proposition
include provisions for funding those costs included within
subsection (4)(b) of this section, the tax revenues authorized
by this section shall be allocated annually as follows:
(a) Fifty percent to the zoo and aquarium advisory
authority; and
(b) Fifty percent to be distributed on a per capita basis
as set out in the most recent population figures for unincorporated and incorporated areas only within that county, as
determined by the office of financial management, solely for
parks, as follows: To any metropolitan park district, to cities
and towns not contained within a metropolitan park district,
and the remainder to the county. Moneys received under
this subsection (6)(b) by a county may not be used to replace
or supplant existing per capita funding.
(7) Funds shall be distributed annually by the county
treasurer to the county, and cities and towns located within
the county, in the manner set out in subsection (6)(b) of this
section.
[Title 82 RCW—page 113]
82.14.400
Title 82 RCW: Excise Taxes
(8) Prior to expenditure of any funds received by the
county under subsection (6)(b) of this section, the county
shall establish a process which considers needs throughout
the unincorporated areas of the county in consultation with
community advisory councils established by ordinance.
(9) By December 31, 2005, and thereafter, the county or
any city with a population greater than eighty thousand must
provide at least one dollar match for every two dollars
received under this section.
(10) Properties subject to a memorandum of agreement
between the federal bureau of land management, the advisory council on historic preservation, and the Washington state
historic preservation officer have priority for funding from
money received under subsection (6)(b) of this section for
implementation of the stipulations in the memorandum of
agreement.
(a) At least one hundred thousand dollars of the first
four years of allocations under subsection (6)(b) of this
section, to be matched by the county or city with one dollar
for every two dollars received, shall be used to implement
the stipulations of the memorandum of agreement and for
other historical, archaeological, architectural, and cultural
preservation and improvements related to the properties.
(b) The amount in (a) of this subsection shall come
equally from the allocations to the county and to the city in
which the properties are located, unless otherwise agreed to
by the county and the city.
(c) The amount in (a) of this subsection shall not be
construed to displace or be offered in lieu of any lease
payment from a county or city to the state for the properties
in question. [2000 c 240 § 1; 1999 c 104 § 1.]
82.14.410 Sales of lodging tax rate changes. (1) A
local sales and use tax change adopted after December 1,
2000, must provide an exemption for those sales of lodging
for which, but for the exemption, the total sales tax rate
imposed on sales of lodging would exceed the greater of:
(a) Twelve percent; or
(b) The total sales tax rate that would have applied to
the sale of lodging if the sale were made on December 1,
2000.
(2) For the purposes of this section:
(a) "Local sales and use tax change" is defined as
provided in RCW 82.14.055.
(b) "Sale of lodging" means the sale of or charge made
for the furnishing of lodging and all other services by a
hotel, rooming house, tourist court, motel, trailer camp, and
the granting of any similar license to use real property.
(c) "Total sales tax rate" means the combined rates of
all state and local taxes imposed under this chapter and
chapters 36.100, 67.28, 67.40, and 82.08 RCW, and any
other tax authorized after March 29, 2001, if the tax is in the
nature of a sales tax collected from the buyer, but excluding
taxes imposed under RCW 81.104.170 before December 1,
2000. [2001 c 6 § 1.]
Effective date—2001 c 6: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 29, 2001]." [2001 c 6 § 2.]
82.14.420 Sales and use tax for emergency communication systems and facilities. (1) A county legislative
[Title 82 RCW—page 114]
authority may submit an authorizing proposition to the
county voters, and if the proposition is approved by a
majority of persons voting, fix and impose a sales and use
tax in accordance with the terms of this chapter for the
purposes designated in subsection (3) of this section.
(2) The tax authorized in this section shall be in
addition to any other taxes authorized by law and shall be
collected from those persons who are taxable by the state
under chapters 82.08 and 82.12 RCW upon the occurrence
of any taxable event within the county. The rate of tax shall
equal one-tenth of one percent of the selling price in the case
of sales tax, or value of the article used, in the case of a use
tax.
(3) Moneys received from any tax imposed under this
section shall be used solely for the purpose of providing
funds for costs associated with financing, design, acquisition,
construction, equipping, operating, maintaining, remodeling,
repairing, reequipping, and improvement of emergency
communication systems and facilities.
(4) Counties are authorized to develop joint ventures to
collocate emergency communication systems and facilities.
(5) Prior to submitting the tax authorization in subsection (2) of this section to the voters in a county that provides
emergency communication services to a governmental
agency pursuant to a contract, the parties to the contract shall
review and negotiate or affirm the terms of the contract.
(6) Prior to submitting the tax authorized in subsection
(2) of this section to the voters, a county with a population
of more than five hundred thousand in which any city over
fifty thousand operates emergency communication systems
and facilities shall enter into an interlocal agreement with the
city to determine distribution of the revenue provided in this
section. [2002 c 176 § 1.]
82.14.430 Sales and use tax for regional transportation investment district. (1) If approved by the majority of
the voters within its boundaries voting on the ballot proposition, a regional transportation investment district may impose
a sales and use tax of up to 0.5 percent of the selling price
or value of the article used in the case of a use tax. The tax
authorized by this section is in addition to the tax authorized
by RCW 82.14.030 and must be collected from those
persons who are taxable by the state under chapters 82.08
and 82.12 RCW upon the occurrence of any taxable event
within the taxing district. Motor vehicles are exempt from
the sales and use tax imposed under this subsection.
(2) If approved by the majority of the voters within its
boundaries voting on the ballot proposition, a regional
transportation investment district may impose a tax on the
use of a motor vehicle within a regional transportation
investment district. The tax applies to those persons who
reside within the regional transportation investment district.
The rate of the tax may not exceed 0.5 percent of the value
of the motor vehicle. The tax authorized by this subsection
is in addition to the tax authorized under RCW 82.14.030
and must be imposed and collected at the time a taxable
event under RCW 82.08.020(1) or 82.12.020 takes place.
All revenue received under this subsection must be deposited
in the local sales and use tax account and distributed to the
regional transportation investment district according to RCW
(2002 Ed.)
Local Retail Sales and Use Taxes
82.14.050. The following provisions apply to the use tax in
this subsection:
(a) Where persons are taxable under chapter 82.08
RCW, the seller shall collect the use tax from the buyer
using the collection provisions of RCW 82.08.050.
(b) Where persons are taxable under chapter 82.12
RCW, the use tax must be collected using the provisions of
RCW 82.12.045.
(c) "Motor vehicle" has the meaning provided in RCW
46.04.320, but does not include farm tractors or farm
vehicles as defined in RCW 46.04.180 and 46.04.181, offroad and nonhighway vehicles as defined in RCW 46.09.020,
and snowmobiles as defined in RCW 46.10.010.
(d) "Person" has the meaning given in RCW 82.04.030.
(e) The value of a motor vehicle must be determined
under RCW 82.12.010.
(f) Except as specifically stated in this subsection (2),
chapters 82.12 and 82.32 RCW apply to the use tax. The
use tax is a local tax imposed under the authority of chapter
82.14 RCW, and chapter 82.14 RCW applies fully to the use
tax. [2002 c 56 § 405.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
82.14.820 Warehouse and grain elevators and
distribution centers—Exemption does not apply. The
exemptions in RCW 82.08.820 and 82.12.820 are for the
state portion of the sales and use tax and do not extend to
the tax imposed in this chapter. [1997 c 450 § 4.]
license fee or tax imposed by any city or town, if such fee
or tax is measured by the gross income of the business:
PROVIDED, FURTHER, That the rate of such license fee
or tax shall not exceed the rate imposed upon other service
type business activity: AND PROVIDED FURTHER, That
nothing in RCW 82.14A.010 through 82.14A.030 shall
extend the regulatory power of any city or town. [1972 ex.s.
c 134 § 2.]
82.14A.020 Division of gross income of business
between cities, towns and unincorporated areas. For
purposes of RCW 82.14A.010, the state department of
revenue is hereby authorized and directed to promulgate,
pursuant to the provisions of chapter 34.05 RCW, rules
establishing uniform methods of division of gross income of
the business of a single taxpayer between those cities, towns
and unincorporated areas in which such taxpayer has a place
of business. [1972 ex.s. c 134 § 3.]
82.14A.030 Effective date of resolutions or ordinances. No resolution or ordinance or any amendment
thereto adopted pursuant to RCW 82.14A.010 shall be effective, except on the first day of a calendar month. [1972 ex.s.
c 134 § 5.]
82.14A.900 Effective date—1972 ex.s. c 134.
Sections 2 through 5 of this 1972 amendatory act shall take
effect July 1, 1972. [1972 ex.s. c 134 § 8.]
Findings—Intent—Report—Effective date—1997 c 450: See notes
following RCW 82.08.820.
82.14.900 Severability—1970 ex.s. c 94. No determination that one or more provisions of this 1970 amendatory
act, or any part thereof, are invalid shall affect the validity
of the remaining provisions. [1970 ex.s. c 94 § 9.]
Chapter 82.14A
CITIES AND TOWNS—LICENSE FEES AND
TAXES ON FINANCIAL INSTITUTIONS
Sections
82.14A.010
82.14A.020
82.14A.030
82.14A.900
License fees or taxes on financial institutions—
Restrictions—Application of chapter 82.04 RCW—
Rates.
Division of gross income of business between cities, towns
and unincorporated areas.
Effective date of resolutions or ordinances.
Effective date—1972 ex.s. c 134.
82.14A.010 License fees or taxes on financial
institutions—Restrictions—Application of chapter 82.04
RCW—Rates. The governing body of any city or town
which imposes a license fee or tax, by ordinance or resolution, may pursuant to RCW 82.14A.010 through 82.14A.030
only, fix and impose a license fee or tax on national banks,
state banks, trust companies, mutual savings banks, building
and loan associations, savings and loan associations, and
other financial institutions for the act or privilege of engaging in business: PROVIDED, That the definitions, deductions and exemptions set forth in chapter 82.04 RCW,
insofar as they shall be applicable shall be applied to a
(2002 Ed.)
82.14.430
Chapter 82.14B
COUNTIES—TAX ON TELEPHONE
ACCESS LINE USE
Sections
82.14B.010
82.14B.020
82.14B.030
82.14B.040
82.14B.042
82.14B.050
82.14B.060
82.14B.061
82.14B.070
82.14B.090
82.14B.100
82.14B.150
82.14B.160
82.14B.200
82.14B.210
82.14B.900
Findings.
Definitions.
County enhanced 911 excise tax on use of switched access
lines and radio access lines authorized—Amount—State
enhanced 911 excise tax—Amount.
Collection of tax.
Payment and collection of tax—Penalties for violations.
Use of proceeds.
Administration and collection by county—Ordinance.
Administration by department—Extending reporting periods.
Emergency service communication districts—Authorized—
Consolidation—Dissolution.
Emergency service communication districts—Emergency
service communication system—Financing—Excise tax.
Emergency service communication districts—Application
of RCW 82.14B.040 through 82.14B.060.
Filing of returns by local exchange company or radio communications service company—Exception, credit, refund
for deductible or worthless debts.
Exemption—Activities immune from taxation under constitutions.
Burden of proof that sale is not to subscriber—Effect of
resale certificate—Liability if no retail certificate—
Penalties—Exceptions.
Personal liability upon termination, dissolution, or abandonment of business—Exemptions—Notice—
Applicability—Collections.
Severability—1981 c 160.
[Title 82 RCW—page 115]
82.14B.010
Title 82 RCW: Excise Taxes
82.14B.010 Findings. The legislature finds that the
state and counties should be provided with an additional
revenue source to fund enhanced 911 emergency communication systems throughout the state on a multicounty, countywide, or district-wide basis. The legislature further finds that
the most efficient and appropriate method of deriving
additional revenue for this purpose is to impose an excise tax
on the use of switched access lines. [1991 c 54 § 9; 1981
c 160 § 1.]
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.020 Definitions. (Effective until January 1,
2003.) As used in this chapter:
(1) "Emergency services communication system" means
a multicounty, county-wide, or district-wide radio or landline
communications network, including an enhanced 911
telephone system, which provides rapid public access for
coordinated dispatching of services, personnel, equipment,
and facilities for police, fire, medical, or other emergency
services.
(2) "Enhanced 911 telephone system" means a public
telephone system consisting of a network, data base, and onpremises equipment that is accessed by dialing 911 and that
enables reporting police, fire, medical, or other emergency
situations to a public safety answering point. The system
includes the capability to selectively route incoming 911
calls to the appropriate public safety answering point that
operates in a defined 911 service area and the capability to
automatically display the name, address, and telephone
number of incoming 911 calls at the appropriate public
safety answering point.
(3) "Switched access line" means the telephone service
line which connects a subscriber’s main telephone(s) or
equivalent main telephone(s) to the local exchange
company’s switching office.
(4) "Local exchange company" has the meaning ascribed
to it in RCW 80.04.010.
(5) "Radio access line" means the telephone number
assigned to or used by a subscriber for two-way local
wireless voice service available to the public for hire from
a radio communications service company. Radio access
lines include, but are not limited to, radio-telephone communications lines used in cellular telephone service, personal
communications services, and network radio access lines, or
their functional and competitive equivalent. Radio access
lines do not include lines that provide access to one-way
signaling service, such as paging service, or to communications channels suitable only for data transmission, or to
nonlocal radio access line service, such as wireless roaming
service, or to a private telecommunications system.
(6) "Radio communications service company" has the
meaning ascribed to it in RCW 80.04.010.
(7) "Private telecommunications system" has the
meaning ascribed to it in RCW 80.04.010.
(8) "Subscriber" means the retail purchaser of telephone
service as telephone service is defined in RCW 82.04.065(3).
[1998 c 304 § 2; 1994 c 96 § 2; 1991 c 54 § 10; 1981 c 160
§ 2.]
Findings—1998 c 304: "The legislature finds that:
(1) The state enhanced 911 excise tax imposed at the current rate of
twenty cents per switched access line per month generates adequate tax
[Title 82 RCW—page 116]
revenues to enhance the 911 telephone system for switched access lines
statewide by December 31, 1998, as mandated in RCW 38.52.510;
(2) The tax revenues generated from the state enhanced 911 excise tax
when the tax rate decreases to a maximum of ten cents per switched access
line on January 1, 1999, will not be adequate to fund the long-term
operation and equipment replacement costs for the enhanced 911 telephone
systems in the counties or multicounty regions that receive financial
assistance from the state enhanced 911 office;
(3) Some counties or multicounty regions will need financial
assistance from the state enhanced 911 office to implement and maintain
enhanced 911 because the tax revenue generated from the county enhanced
911 excise tax is not adequate;
(4) Counties with populations of less than seventy-five thousand will
need salary assistance to create multicounty regions and counties with
populations of seventy-five thousand or more, if requested by smaller
counties, will need technical assistance and incentives to provide
multicounty services; and
(5) Counties should not request state financial assistance for implementation and maintenance of enhanced 911 for switched access lines unless
the county has imposed the maximum enhanced 911 tax authorized in RCW
82.14B.030." [1998 c 304 § 1.]
Effective dates—1998 c 304: "This act takes effect January 1, 1999,
except section 14 of this act which takes effect July 1, 1998." [1998 c 304
§ 15.]
Finding—Intent—1994 c 96: "(1) The legislature finds that:
(a) Emergency services communication systems, including enhanced
911 telephone systems, are currently funded with revenues from state and
local excise taxes imposed on the use of switched access lines;
(b) Users of cellular communication systems and other similar wireless
telecommunications systems do not use switched access lines and are not
currently subject to these excise taxes; and
(c) The volume of 911 calls by users of cellular communications
systems and other similar wireless telecommunications systems has
increased in recent years.
(2) The intent of this act is to acknowledge the recommendations
regarding 911 emergency communication system funding as detailed in the
report to the legislature dated November 1993, entitled "Taxation of Cellular
Communications in Washington State," to authorize imposition and
collection of the twenty-five cent county tax discussed in chapter 6 of that
report, and to require the department of revenue to continue the *study of
such funding as detailed in the report." [1994 c 96 § 1.]
*Reviser’s note: See 1992 c 218 and 1994 c 96 § 6.
Effective dates—1994 c 96: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 23, 1994], except section 5 of this act shall take effect
January 1, 1995." [1994 c 96 § 8.]
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.020 Definitions. (Effective January 1, 2003.)
As used in this chapter:
(1) "Emergency services communication system" means
a multicounty, countywide, or districtwide radio or landline
communications network, including an enhanced 911
telephone system, which provides rapid public access for
coordinated dispatching of services, personnel, equipment,
and facilities for police, fire, medical, or other emergency
services.
(2) "Enhanced 911 telephone system" means a public
telephone system consisting of a network, data base, and onpremises equipment that is accessed by dialing 911 and that
enables reporting police, fire, medical, or other emergency
situations to a public safety answering point. The system
includes the capability to selectively route incoming 911
calls to the appropriate public safety answering point that
operates in a defined 911 service area and the capability to
automatically display the name, address, and telephone
(2002 Ed.)
Counties—Tax on Telephone Access Line Use
number of incoming 911 calls at the appropriate public
safety answering point.
(3) "Switched access line" means the telephone service
line which connects a subscriber’s main telephone(s) or
equivalent main telephone(s) to the local exchange
company’s switching office.
(4) "Local exchange company" has the meaning ascribed
to it in RCW 80.04.010.
(5) "Radio access line" means the telephone number
assigned to or used by a subscriber for two-way local
wireless voice service available to the public for hire from
a radio communications service company. Radio access
lines include, but are not limited to, radio-telephone communications lines used in cellular telephone service, personal
communications services, and network radio access lines, or
their functional and competitive equivalent. Radio access
lines do not include lines that provide access to one-way
signaling service, such as paging service, or to communications channels suitable only for data transmission, or to
nonlocal radio access line service, such as wireless roaming
service, or to a private telecommunications system.
(6) "Radio communications service company" has the
meaning ascribed to it in RCW 80.04.010, except that it does
not include radio paging providers. It does include those
persons or entities that provide commercial mobile radio
services, as defined by 47 U.S.C. Sec. 332(d)(1), and both
facilities-based and nonfacilities-based resellers.
(7) "Private telecommunications system" has the
meaning ascribed to it in RCW 80.04.010.
(8) "Subscriber" means the retail purchaser of telephone
service as telephone service is defined in RCW 82.04.065(3).
(9) "Place of primary use" has the meaning ascribed to
it in the federal mobile telecommunications sourcing act,
P.L. 106-252. [2002 c 341 § 7; 1998 c 304 § 2; 1994 c 96
§ 2; 1991 c 54 § 10; 1981 c 160 § 2.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Findings—1998 c 304: "The legislature finds that:
(1) The state enhanced 911 excise tax imposed at the current rate of
twenty cents per switched access line per month generates adequate tax
revenues to enhance the 911 telephone system for switched access lines
statewide by December 31, 1998, as mandated in RCW 38.52.510;
(2) The tax revenues generated from the state enhanced 911 excise tax
when the tax rate decreases to a maximum of ten cents per switched access
line on January 1, 1999, will not be adequate to fund the long-term
operation and equipment replacement costs for the enhanced 911 telephone
systems in the counties or multicounty regions that receive financial
assistance from the state enhanced 911 office;
(3) Some counties or multicounty regions will need financial
assistance from the state enhanced 911 office to implement and maintain
enhanced 911 because the tax revenue generated from the county enhanced
911 excise tax is not adequate;
(4) Counties with populations of less than seventy-five thousand will
need salary assistance to create multicounty regions and counties with
populations of seventy-five thousand or more, if requested by smaller
counties, will need technical assistance and incentives to provide
multicounty services; and
(5) Counties should not request state financial assistance for implementation and maintenance of enhanced 911 for switched access lines unless
the county has imposed the maximum enhanced 911 tax authorized in RCW
82.14B.030." [1998 c 304 § 1.]
Effective dates—1998 c 304: "This act takes effect January 1, 1999,
except section 14 of this act which takes effect July 1, 1998." [1998 c 304
§ 15.]
Finding—Intent—1994 c 96: "(1) The legislature finds that:
(2002 Ed.)
82.14B.020
(a) Emergency services communication systems, including enhanced
911 telephone systems, are currently funded with revenues from state and
local excise taxes imposed on the use of switched access lines;
(b) Users of cellular communication systems and other similar wireless
telecommunications systems do not use switched access lines and are not
currently subject to these excise taxes; and
(c) The volume of 911 calls by users of cellular communications
systems and other similar wireless telecommunications systems has
increased in recent years.
(2) The intent of this act is to acknowledge the recommendations
regarding 911 emergency communication system funding as detailed in the
report to the legislature dated November 1993, entitled "Taxation of Cellular
Communications in Washington State," to authorize imposition and
collection of the twenty-five cent county tax discussed in chapter 6 of that
report, and to require the department of revenue to continue the *study of
such funding as detailed in the report." [1994 c 96 § 1.]
*Reviser’s note: See 1992 c 218 and 1994 c 96 § 6.
Effective dates—1994 c 96: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 23, 1994], except section 5 of this act shall take effect
January 1, 1995." [1994 c 96 § 8.]
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.030 County enhanced 911 excise tax on use
of switched access lines and radio access lines authorized—Amount—State enhanced 911 excise tax—
Amount. (Contingent expiration date—Effective until
January 1, 2003.) (1) The legislative authority of a county
may impose a county enhanced 911 excise tax on the use of
switched access lines in an amount not exceeding fifty cents
per month for each switched access line. The amount of tax
shall be uniform for each switched access line. Each county
shall provide notice of such tax to all local exchange
companies serving in the county at least sixty days in
advance of the date on which the first payment is due.
(2) The legislative authority of a county may also
impose a county 911 excise tax on the use of radio access
lines located within the county in an amount not exceeding
twenty-five cents per month for each radio access line. The
amount of tax shall be uniform for each radio access line.
The location of a radio access line is the customer’s place of
primary use as defined in RCW 82.04.065. The county shall
provide notice of such tax to all radio communications
service companies serving in the county at least sixty days
in advance of the date on which the first payment is due.
Any county imposing this tax shall include in its ordinance
a refund mechanism whereby the amount of any tax ordered
to be refunded by the judgment of a court of record, or as a
result of the resolution of any appeal therefrom, shall be
refunded to the radio communications service company or
local exchange company that collected the tax, and those
companies shall reimburse the subscribers who paid the tax.
The ordinance shall further provide that to the extent the
subscribers who paid the tax cannot be identified or located,
the tax paid by those subscribers shall be returned to the
county.
(3) A state enhanced 911 excise tax is imposed on all
switched access lines in the state. The amount of tax shall
not exceed twenty cents per month for each switched access
line. The tax shall be uniform for each switched access line.
The tax imposed under this subsection shall be remitted to
the department of revenue by local exchange companies on
a tax return provided by the department. Tax proceeds shall
[Title 82 RCW—page 117]
82.14B.030
Title 82 RCW: Excise Taxes
be deposited by the treasurer in the enhanced 911 account
created in RCW 38.52.540.
(4) By August 31st of each year the state enhanced 911
coordinator shall recommend the level for the next year of
the state enhanced 911 excise tax, based on a systematic cost
and revenue analysis, to the utilities and transportation commission. The commission shall by the following October
31st determine the level of the state enhanced 911 excise tax
for the following year. [2002 c 67 § 8; 1998 c 304 § 3;
1994 c 96 § 3; 1991 c 54 § 11; 1981 c 160 § 3.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.030 County enhanced 911 excise tax on use
of switched access lines and radio access lines authorized—Amount—State enhanced 911 excise tax—
Amount. (Contingent expiration date—Effective January
1, 2003.) (1) The legislative authority of a county may
impose a county enhanced 911 excise tax on the use of
switched access lines in an amount not exceeding fifty cents
per month for each switched access line. The amount of tax
shall be uniform for each switched access line. Each county
shall provide notice of such tax to all local exchange
companies serving in the county at least sixty days in advance of the date on which the first payment is due.
(2) The legislative authority of a county may also
impose a county enhanced 911 excise tax on the use of radio
access lines whose place of primary use is located within the
county in an amount not exceeding fifty cents per month for
each radio access line. The amount of tax shall be uniform
for each radio access line. The location of a radio access
line is the customer’s place of primary use as defined in
RCW 82.04.065. The county shall provide notice of such
tax to all radio communications service companies serving
in the county at least sixty days in advance of the date on
which the first payment is due. Any county imposing this
tax shall include in its ordinance a refund mechanism
whereby the amount of any tax ordered to be refunded by
the judgment of a court of record, or as a result of the
resolution of any appeal therefrom, shall be refunded to the
radio communications service company or local exchange
company that collected the tax, and those companies shall
reimburse the subscribers who paid the tax. The ordinance
shall further provide that to the extent the subscribers who
paid the tax cannot be identified or located, the tax paid by
those subscribers shall be returned to the county.
(3) A state enhanced 911 excise tax is imposed on all
switched access lines in the state. The amount of tax shall
not exceed twenty cents per month for each switched access
line. The tax shall be uniform for each switched access line.
The tax imposed under this subsection shall be remitted to
the department of revenue by local exchange companies on
a tax return provided by the department. Tax proceeds shall
be deposited by the treasurer in the enhanced 911 account
created in RCW 38.52.540.
[Title 82 RCW—page 118]
(4) A state enhanced 911 excise tax is imposed on all
radio access lines whose place of primary use is located
within the state in an amount of twenty cents per month for
each radio access line. The tax shall be uniform for each
radio access line. The tax imposed under this section shall
be remitted to the department of revenue by radio communications service companies, including those companies that
resell radio access lines, on a tax return provided by the
department. Tax proceeds shall be deposited by the treasurer
in the enhanced 911 account created in RCW 38.52.540.
The tax imposed under this section is not subject to the state
sales and use tax or any local tax.
(5) By August 31st of each year the state enhanced 911
coordinator shall recommend the level for the next year of
the state enhanced 911 excise tax imposed by subsection (3)
of this section, based on a systematic cost and revenue
analysis, to the utilities and transportation commission. The
commission shall by the following October 31st determine
the level of the state enhanced 911 excise tax for the
following year. [2002 c 341 § 8; 2002 c 67 § 8; 1998 c 304
§ 3; 1994 c 96 § 3; 1991 c 54 § 11; 1981 c 160 § 3.]
Reviser’s note: This section was amended by 2002 c 67 § 8 and by
2002 c 341 § 8, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.030 County enhanced 911 excise tax on use
of switched access lines and radio access lines authorized—Amount—State enhanced 911 excise tax—
Amount. (Contingent effective date until January 1, 2003.)
(1) The legislative authority of a county may impose a
county enhanced 911 excise tax on the use of switched
access lines in an amount not exceeding fifty cents per
month for each switched access line. The amount of tax
shall be uniform for each switched access line. Each county
shall provide notice of such tax to all local exchange
companies serving in the county at least sixty days in advance of the date on which the first payment is due.
(2) The legislative authority of a county may also
impose a county 911 excise tax on the use of radio access
lines located within the county in an amount not exceeding
twenty-five cents per month for each radio access line. The
amount of tax shall be uniform for each radio access line.
The county shall provide notice of such tax to all radio
communications service companies serving in the county at
least sixty days in advance of the date on which the first
payment is due. Any county imposing this tax shall include
in its ordinance a refund mechanism whereby the amount of
any tax ordered to be refunded by the judgment of a court of
record, or as a result of the resolution of any appeal therefrom, shall be refunded to the radio communications service
company or local exchange company that collected the tax,
and those companies shall reimburse the subscribers who
(2002 Ed.)
Counties—Tax on Telephone Access Line Use
paid the tax. The ordinance shall further provide that to the
extent the subscribers who paid the tax cannot be identified
or located, the tax paid by those subscribers shall be returned
to the county.
(3) A state enhanced 911 excise tax is imposed on all
switched access lines in the state. The amount of tax shall
not exceed twenty cents per month for each switched access
line. The tax shall be uniform for each switched access line.
The tax imposed under this subsection shall be remitted to
the department of revenue by local exchange companies on
a tax return provided by the department. Tax proceeds shall
be deposited by the treasurer in the enhanced 911 account
created in RCW 38.52.540.
(4) By August 31st of each year the state enhanced 911
coordinator shall recommend the level for the next year of
the state enhanced 911 excise tax, based on a systematic cost
and revenue analysis, to the utilities and transportation commission. The commission shall by the following October
31st determine the level of the state enhanced 911 excise tax
for the following year. [1998 c 304 § 3; 1994 c 96 § 3;
1991 c 54 § 11; 1981 c 160 § 3.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.030 County enhanced 911 excise tax on use
of switched access lines and radio access lines authorized—Amount—State enhanced 911 excise tax—
Amount. (Contingent effective date—Effective January 1,
2003.) (1) The legislative authority of a county may impose
a county enhanced 911 excise tax on the use of switched
access lines in an amount not exceeding fifty cents per
month for each switched access line. The amount of tax
shall be uniform for each switched access line. Each county
shall provide notice of such tax to all local exchange
companies serving in the county at least sixty days in advance of the date on which the first payment is due.
(2) The legislative authority of a county may also
impose a county enhanced 911 excise tax on the use of radio
access lines whose place of primary use is located within the
county in an amount not exceeding fifty cents per month for
each radio access line. The amount of tax shall be uniform
for each radio access line. The county shall provide notice
of such tax to all radio communications service companies
serving in the county at least sixty days in advance of the
date on which the first payment is due. Any county imposing this tax shall include in its ordinance a refund mechanism whereby the amount of any tax ordered to be refunded
by the judgment of a court of record, or as a result of the
resolution of any appeal therefrom, shall be refunded to the
radio communications service company or local exchange
company that collected the tax, and those companies shall
reimburse the subscribers who paid the tax. The ordinance
shall further provide that to the extent the subscribers who
paid the tax cannot be identified or located, the tax paid by
those subscribers shall be returned to the county.
(3) A state enhanced 911 excise tax is imposed on all
switched access lines in the state. The amount of tax shall
not exceed twenty cents per month for each switched access
(2002 Ed.)
82.14B.030
line. The tax shall be uniform for each switched access line.
The tax imposed under this subsection shall be remitted to
the department of revenue by local exchange companies on
a tax return provided by the department. Tax proceeds shall
be deposited by the treasurer in the enhanced 911 account
created in RCW 38.52.540.
(4) A state enhanced 911 excise tax is imposed on all
radio access lines whose place of primary use is located
within the state in an amount of twenty cents per month for
each radio access line. The tax shall be uniform for each
radio access line. The tax imposed under this section shall
be remitted to the department of revenue by radio communications service companies, including those companies that
resell radio access lines, on a tax return provided by the
department. Tax proceeds shall be deposited by the treasurer
in the enhanced 911 account created in RCW 38.52.540.
The tax imposed under this section is not subject to the state
sales and use tax or any local tax.
(5) By August 31st of each year the state enhanced 911
coordinator shall recommend the level for the next year of
the state enhanced 911 excise tax imposed by subsection (3)
of this section, based on a systematic cost and revenue
analysis, to the utilities and transportation commission. The
commission shall by the following October 31st determine
the level of the state enhanced 911 excise tax for the
following year. [2002 c 341 § 8; 1998 c 304 § 3; 1994 c 96
§ 3; 1991 c 54 § 11; 1981 c 160 § 3.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.040 Collection of tax. (Effective until
January 1, 2003.) The state enhanced 911 tax and the
county enhanced 911 tax on switched access lines shall be
collected from the subscriber by the local exchange company
providing the switched access line. The county 911 tax on
radio access lines shall be collected from the subscriber by
the radio communications service company providing the
radio access line to the subscriber. The amount of the tax
shall be stated separately on the billing statement which is
sent to the subscriber. [1998 c 304 § 4; 1994 c 96 § 4; 1991
c 54 § 12; 1981 c 160 § 4.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.040 Collection of tax. (Effective January 1,
2003.) The state enhanced 911 tax and the county enhanced
911 tax on switched access lines shall be collected from the
subscriber by the local exchange company providing the
switched access line. The state enhanced 911 tax and the
county 911 tax on radio access lines shall be collected from
the subscriber by the radio communications service company
providing the radio access line to the subscriber. The
[Title 82 RCW—page 119]
82.14B.040
Title 82 RCW: Excise Taxes
amount of the tax shall be stated separately on the billing
statement which is sent to the subscriber. [2002 c 341 § 9;
1998 c 304 § 4; 1994 c 96 § 4; 1991 c 54 § 12; 1981 c 160
§ 4.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Finding—Intent—Effective dates—1994 c 96: See notes following
RCW 82.14B.020.
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.042 Payment and collection of tax—
Penalties for violations. (Effective until January 1, 2003.)
(1) The state enhanced 911 excise tax imposed by this
chapter must be paid by the subscriber to the local exchange
company providing the switched access line, and each local
exchange company shall collect from the subscriber the full
amount of the tax payable. The state enhanced 911 excise
tax required by this chapter to be collected by the local
exchange company is deemed to be held in trust by the local
exchange company until paid to the department. Any local
exchange company that appropriates or converts the tax collected to its own use or to any use other than the payment of
the tax to the extent that the money collected is not available
for payment on the due date as prescribed in this chapter is
guilty of a gross misdemeanor.
(2) If any local exchange company fails to collect the
state enhanced 911 excise tax or, after collecting the tax,
fails to pay it to the department in the manner prescribed by
this chapter, whether such failure is the result of its own act
or the result of acts or conditions beyond its control, the
local exchange company is personally liable to the state for
the amount of the tax, unless the local exchange company
has taken from the buyer in good faith a properly executed
resale certificate under RCW 82.14B.200.
(3) The amount of tax, until paid by the subscriber to
the local exchange company or to the department, constitutes
a debt from the subscriber to the local exchange company.
Any local exchange company that fails or refuses to collect
the tax as required with intent to violate the provisions of
this chapter or to gain some advantage or benefit, either
direct or indirect, and any subscriber who refuses to pay any
tax due under this chapter is guilty of a misdemeanor. The
state enhanced 911 excise tax required by this chapter to be
collected by the local exchange company must be stated
separately on the billing statement that is sent to the subscriber.
(4) If a subscriber has failed to pay to the local exchange company the state enhanced 911 excise tax imposed
by this chapter and the local exchange company has not paid
the amount of the tax to the department, the department may,
in its discretion, proceed directly against the subscriber for
collection of the tax, in which case a penalty of ten percent
may be added to the amount of the tax for failure of the
subscriber to pay the tax to the local exchange company,
regardless of when the tax is collected by the department.
Tax under this chapter is due as provided under RCW
82.14B.061. [2000 c 106 § 2; 1998 c 304 § 9.]
Effective date—2000 c 106: See note following RCW 82.32.330.
[Title 82 RCW—page 120]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
82.14B.042 Payment and collection of taxes—
Penalties for violations. (Effective January 1, 2003.) (1)
The state enhanced 911 excise taxes imposed by this chapter
must be paid by the subscriber to the local exchange
company providing the switched access line or the radio
communications service company providing the radio access
line, and each local exchange company and each radio
communications service company shall collect from the
subscriber the full amount of the taxes payable. The state
enhanced 911 excise taxes required by this chapter to be
collected by the local exchange company or the radio
communications service company are deemed to be held in
trust by the local exchange company or the radio communications service company until paid to the department. Any
local exchange company or radio communications service
company that appropriates or converts the tax collected to its
own use or to any use other than the payment of the tax to
the extent that the money collected is not available for
payment on the due date as prescribed in this chapter is
guilty of a gross misdemeanor.
(2) If any local exchange company or radio communications service company fails to collect the state enhanced 911
excise tax or, after collecting the tax, fails to pay it to the
department in the manner prescribed by this chapter, whether
such failure is the result of its own act or the result of acts
or conditions beyond its control, the local exchange company
or the radio communications service company is personally
liable to the state for the amount of the tax, unless the local
exchange company or the radio communications service
company has taken from the buyer in good faith a properly
executed resale certificate under RCW 82.14B.200.
(3) The amount of tax, until paid by the subscriber to
the local exchange company, the radio communications
service company, or to the department, constitutes a debt
from the subscriber to the local exchange company or the
radio communications service company. Any local exchange
company or radio communications service company that fails
or refuses to collect the tax as required with intent to violate
the provisions of this chapter or to gain some advantage or
benefit, either direct or indirect, and any subscriber who
refuses to pay any tax due under this chapter is guilty of a
misdemeanor. The state enhanced 911 excise taxes required
by this chapter to be collected by the local exchange
company or the radio communications service company must
be stated separately on the billing statement that is sent to
the subscriber.
(4) If a subscriber has failed to pay to the local exchange company or the radio communications service
company the state enhanced 911 excise taxes imposed by
this chapter and the local exchange company or the radio
communications service company has not paid the amount of
the tax to the department, the department may, in its discretion, proceed directly against the subscriber for collection of
the tax, in which case a penalty of ten percent may be added
to the amount of the tax for failure of the subscriber to pay
the tax to the local exchange company or the radio communications service company, regardless of when the tax is
collected by the department. Tax under this chapter is due
(2002 Ed.)
Counties—Tax on Telephone Access Line Use
as provided under RCW 82.14B.061. [2002 c 341 § 10;
2000 c 106 § 2; 1998 c 304 § 9.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Effective date—2000 c 106: See note following RCW 82.32.330.
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
82.14B.050 Use of proceeds. The proceeds of any tax
collected under this chapter shall be used by the county only
for the emergency services communication system. [1981 c
160 § 5.]
82.14B.060 Administration and collection by
county—Ordinance. A county legislative authority imposing a tax under this chapter shall establish by ordinance all
necessary and appropriate procedures for the administration
and collection of the tax, which ordinance shall provide for
reimbursement to the telephone companies for actual costs
of administration and collection of the tax imposed. The
ordinance shall also provide that the due date for remittance
of the tax collected shall be on or before the last day of the
month following the month in which the tax liability accrues.
[1998 c 304 § 5; 1981 c 160 § 6.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
82.14B.061 Administration by department—
Extending reporting periods. (Effective until January 1,
2003.) (1) The department of revenue shall administer and
shall adopt such rules as may be necessary to enforce and
administer the state enhanced 911 excise tax imposed by this
chapter. Chapter 82.32 RCW, with the exception of RCW
82.32.045, 82.32.145, and 82.32.380, applies to the administration, collection, and enforcement of the state enhanced
911 excise tax.
(2) The state enhanced 911 excise tax imposed by this
chapter, along with reports and returns on forms prescribed
by the department, are due at the same time the taxpayer
reports other taxes under RCW 82.32.045. If no other taxes
are reported under RCW 82.32.045, the taxpayer shall remit
tax on an annual basis in accordance with RCW 82.32.045.
(3) The department of revenue may relieve any taxpayer
or class of taxpayers from the obligation of remitting
monthly and may require the return to cover other longer
reporting periods, but in no event may returns be filed for a
period greater than one year.
(4) The state enhanced 911 excise tax imposed by this
chapter is in addition to any taxes imposed upon the same
persons under chapters 82.08 and 82.12 RCW. [2000 c 106
§ 3; 1998 c 304 § 6.]
Effective date—2000 c 106: See note following RCW 82.32.330.
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
82.14B.061 Administration by department—
Extending reporting periods. (Effective January 1, 2003.)
(1) The department of revenue shall administer and shall
adopt such rules as may be necessary to enforce and administer the state enhanced 911 excise taxes imposed by this
chapter. Chapter 82.32 RCW, with the exception of RCW
(2002 Ed.)
82.14B.042
82.32.045, 82.32.145, and 82.32.380, applies to the administration, collection, and enforcement of the state enhanced
911 excise taxes.
(2) The state enhanced 911 excise taxes imposed by this
chapter, along with reports and returns on forms prescribed
by the department, are due at the same time the taxpayer
reports other taxes under RCW 82.32.045. If no other taxes
are reported under RCW 82.32.045, the taxpayer shall remit
tax on an annual basis in accordance with RCW 82.32.045.
(3) The department of revenue may relieve any taxpayer
or class of taxpayers from the obligation of remitting
monthly and may require the return to cover other longer
reporting periods, but in no event may returns be filed for a
period greater than one year.
(4) The state enhanced 911 excise taxes imposed by this
chapter are in addition to any taxes imposed upon the same
persons under chapters 82.08 and 82.12 RCW. [2002 c 341
§ 11; 2000 c 106 § 3; 1998 c 304 § 6.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Effective date—2000 c 106: See note following RCW 82.32.330.
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
82.14B.070 Emergency service communication
districts—Authorized—Consolidation—Dissolution. In
lieu of providing a county-wide system of emergency service
communication, the legislative authority of a county may
establish one or more less than county-wide emergency
service communication districts within the county for the
purpose of providing and funding emergency service
communication systems. An emergency service communication district is a quasi-municipal corporation, shall constitute
a body corporate, and shall possess all the usual powers of
a corporation for public purposes as well as all other powers
that may now or hereafter be specifically conferred by
statute, including, but not limited to, the authority to hire
employees, staff, and services, to enter into contracts, and to
sue and be sued.
The county legislative authority shall be the governing
body of an emergency service communication district. The
county treasurer shall act as the ex officio treasurer of the
emergency services communication district. The electors of
an emergency service communication district are all registered voters residing within the district.
A county legislative authority proposing to consolidate
existing emergency service communication districts shall
conduct a hearing at the time and place specified in a notice
published at least once, not less than ten days prior to the
hearing, in a newspaper of general circulation within the
emergency service communication districts. All hearings
shall be public and the county legislative authority shall hear
objections from any person affected by the consolidation of
the emergency service communication districts. Following
the hearing, the county legislative authority may consolidate
the emergency service communication districts, if the county
legislative authority finds the action to be in the public
interest and adopts a resolution providing for the action. The
county legislative authority shall specify the manner in
which consolidation is to be accomplished.
A county legislative authority proposing to dissolve an
existing emergency service communication district shall
[Title 82 RCW—page 121]
82.14B.070
Title 82 RCW: Excise Taxes
conduct a hearing at the time and place specified in a notice
published at least once, not less than ten days prior to the
hearing, in a newspaper of general circulation within the
emergency service communication district. All hearings
shall be public and the county legislative authority shall hear
objections from any person affected by the dissolution of the
emergency service communication district. Following the
hearing, the county legislative authority may dissolve the
emergency service communication district, if the county
legislative authority finds the action to be in the public
interest and adopts a resolution providing for the action. The
county legislative authority shall specify the manner in
which dissolution is to be accomplished and shall supervise
the liquidation of any assets and the satisfaction of any
outstanding indebtedness. [1994 c 54 § 1; 1987 c 17 § 1.]
82.14B.090 Emergency service communication
districts—Emergency service communication system—
Financing—Excise tax. An emergency service communication district is authorized to finance and provide an emergency service communication system and to finance the system
by imposing the excise tax authorized in RCW 82.14B.030.
[1991 c 54 § 13; 1987 c 17 § 3.]
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.100 Emergency service communication
districts—Application of RCW 82.14B.040 through
82.14B.060. RCW 82.14B.040 through 82.14B.060 apply to
any emergency service communication district established
under RCW 82.14B.070 and 82.14B.090. [1991 c 54 § 14;
1987 c 17 § 4.]
Referral to electorate—1991 c 54: See note following RCW
38.52.030.
82.14B.150 Filing of returns by local exchange
company or radio communications service company—
Exception, credit, refund for deductible or worthless
debts. (1) A local exchange company or radio communications service company shall file tax returns on a cash
receipts or accrual basis according to which method of
accounting is regularly employed in keeping the books of the
company. A local exchange company or radio communications service company filing returns on a cash receipts
basis is not required to pay tax on debts that are deductible
as worthless for federal income tax purposes.
(2) A local exchange company or radio communications
service company is entitled to a credit or refund for state
enhanced 911 excise taxes previously paid on debts that are
deductible as worthless for federal income tax purposes.
[1998 c 304 § 7.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
82.14B.160 Exemption—Activities immune from
taxation under constitutions. The taxes imposed by this
chapter do not apply to any activity that the state or county
is prohibited from taxing under the Constitution of this state
or the Constitution or laws of the United States. [1998 c
304 § 8.]
[Title 82 RCW—page 122]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
82.14B.200 Burden of proof that sale is not to
subscriber—Effect of resale certificate—Liability if no
retail certificate—Penalties—Exceptions. (Effective until
January 1, 2003.) (1) Unless a local exchange company has
taken from the buyer a resale certificate or equivalent
document under RCW 82.04.470, the burden of proving that
a sale of the use of a switched access lines [line] was not a
sale to a subscriber is upon the person who made the sale.
(2) If a local exchange company does not receive a
resale certificate at the time of the sale, have a resale
certificate on file at the time of the sale, or obtain a resale
certificate from the buyer within a reasonable time after the
sale, the local exchange company remains liable for the tax
as provided in RCW 82.14B.042, unless the local exchange
company can demonstrate facts and circumstances according
to rules adopted by the department of revenue that show the
sale was properly made without payment of the state
enhanced 911 excise tax.
(3) The penalty imposed by RCW 82.32.291 may not be
assessed on state enhanced 911 excise taxes due but not paid
as a result of the improper use of a resale certificate. This
subsection does not prohibit or restrict the application of
other penalties authorized by law. [1998 c 304 § 10.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
82.14B.200 Burden of proof that sale is not to
subscriber—Effect of resale certificate—Liability if no
retail certificate—Penalties—Exceptions. (Effective
January 1, 2003.) (1) Unless a local exchange company or
a radio communications service company has taken from the
buyer a resale certificate or equivalent document under RCW
82.04.470, the burden of proving that a sale of the use of a
switched access line or radio access line was not a sale to a
subscriber is upon the person who made the sale.
(2) If a local exchange company or a radio communications service company does not receive a resale certificate at
the time of the sale, have a resale certificate on file at the
time of the sale, or obtain a resale certificate from the buyer
within a reasonable time after the sale, the local exchange
company or the radio communications service company
remains liable for the tax as provided in RCW 82.14B.042,
unless the local exchange company or the radio communications service company can demonstrate facts and
circumstances according to rules adopted by the department
of revenue that show the sale was properly made without
payment of the state enhanced 911 excise tax.
(3) The penalty imposed by RCW 82.32.291 may not be
assessed on state enhanced 911 excise taxes due but not paid
as a result of the improper use of a resale certificate. This
subsection does not prohibit or restrict the application of
other penalties authorized by law. [2002 c 341 § 12; 1998
c 304 § 10.]
Severability—Effective date—2002 c 341: See notes following
RCW 38.52.501.
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
(2002 Ed.)
Counties—Tax on Telephone Access Line Use
82.14B.210 Personal liability upon termination,
dissolution, or abandonment of business—Exemptions—
Notice—Applicability—Collections. (1) Upon termination,
dissolution, or abandonment of a corporate or limited
liability company business, any officer, member, manager, or
other person having control or supervision of state enhanced
911 excise tax funds collected and held in trust under RCW
82.14B.042, or who is charged with the responsibility for the
filing of returns or the payment of state enhanced 911 excise
tax funds collected and held in trust under RCW 82.14B.042,
is personally liable for any unpaid taxes and interest and
penalties on those taxes, if such officer or other person
willfully fails to pay or to cause to be paid any state enhanced 911 excise taxes due from the corporation under this
chapter. For the purposes of this section, any state enhanced
911 excise taxes that have been paid but not collected are
deductible from the state enhanced 911 excise taxes collected
but not paid. For purposes of this subsection "willfully fails
to pay or to cause to be paid" means that the failure was the
result of an intentional, conscious, and voluntary course of
action.
(2) The officer, member, manager, or other person is
liable only for taxes collected that became due during the
period he or she had the control, supervision, responsibility,
or duty to act for the corporation described in subsection (1)
of this section, plus interest and penalties on those taxes.
(3) Persons liable under subsection (1) of this section
are exempt from liability if nonpayment of the state enhanced 911 excise tax funds held in trust is due to reasons
beyond their control as determined by the department by
rule.
(4) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures
under RCW 82.32.160 through 82.32.200.
(5) This section applies only if the department has
determined that there is no reasonable means of collecting
the state enhanced 911 excise tax funds held in trust directly
from the corporation.
(6) This section does not relieve the corporation or
limited liability company of other tax liabilities or otherwise
impair other tax collection remedies afforded by law.
(7) Collection authority and procedures prescribed in
chapter 82.32 RCW apply to collections under this section.
[1998 c 304 § 11.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
82.14B.900 Severability—1981 c 160. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is
not affected. [1981 c 160 § 7.]
Chapter 82.16
PUBLIC UTILITY TAX
Sections
82.16.010
82.16.020
82.16.030
82.16.040
(2002 Ed.)
Definitions.
Public utility tax imposed—Additional tax imposed—
Deposit of moneys.
Taxable under each schedule if within its purview.
Exemption.
82.14B.210
82.16.042
Exemptions—Water services supplied by small water-sewer
districts, irrigation districts, or systems.
82.16.0431 Exemptions—Water distribution businesses with water conservation and outreach programs.
82.16.045 Exemptions and credits—Pollution control facilities.
82.16.046 Exemptions—Operation of state route No. 16.
82.16.047 Exemptions—Ride sharing.
82.16.048 Credit—Ride-sharing, public transportation, or nonmotorized
commuting incentives—Penalty—Report to legislature.
82.16.049 Credit—Ride-sharing, public transportation, or nonmotorized
commuting incentives—Ceiling.
82.16.0491 Credit—Contributions to an electric utility rural economic
development revolving fund.
82.16.0495 Credit—Electricity sold to a direct service industrial customer.
82.16.0497 Credit—Light and power business, gas distribution business.
82.16.050 Deductions in computing tax.
82.16.053 Deductions in computing tax—Light and power businesses.
82.16.055 Deductions relating to energy conservation or production
from renewable resources.
82.16.060 May be taxed under other chapters.
82.16.080 Administration.
82.16.090 Light or power and gas distribution businesses—Information
required on customer billings.
82.16.100 Solid waste business not subject to chapter.
Commute trip reduction incentives: Chapter 82.67 RCW.
Public utility districts, privilege tax: Chapter 54.28 RCW.
82.16.010 Definitions. For the purposes of this
chapter, unless otherwise required by the context:
(1) "Railroad business" means the business of operating
any railroad, by whatever power operated, for public use in
the conveyance of persons or property for hire. It shall not,
however, include any business herein defined as an urban
transportation business.
(2) "Express business" means the business of carrying
property for public hire on the line of any common carrier
operated in this state, when such common carrier is not
owned or leased by the person engaging in such business.
(3) "Railroad car business" means the business of
operating stock cars, furniture cars, refrigerator cars, fruit
cars, poultry cars, tank cars, sleeping cars, parlor cars, buffet
cars, tourist cars, or any other kinds of cars used for transportation of property or persons upon the line of any railroad
operated in this state when such railroad is not owned or
leased by the person engaging in such business.
(4) "Water distribution business" means the business of
operating a plant or system for the distribution of water for
hire or sale.
(5) "Light and power business" means the business of
operating a plant or system for the generation, production or
distribution of electrical energy for hire or sale and/or for the
wheeling of electricity for others.
(6) "Telegraph business" means the business of affording telegraphic communication for hire.
(7) "Gas distribution business" means the business of
operating a plant or system for the production or distribution
for hire or sale of gas, whether manufactured or natural.
(8) "Motor transportation business" means the business
(except urban transportation business) of operating any motor
propelled vehicle by which persons or property of others are
conveyed for hire, and includes, but is not limited to, the
operation of any motor propelled vehicle as an auto transportation company (except urban transportation business),
common carrier or contract carrier as defined by RCW
81.68.010 and 81.80.010: PROVIDED, That "motor
[Title 82 RCW—page 123]
82.16.010
Title 82 RCW: Excise Taxes
transportation business" shall not mean or include the
transportation of logs or other forest products exclusively
upon private roads or private highways.
(9) "Urban transportation business" means the business
of operating any vehicle for public use in the conveyance of
persons or property for hire, insofar as (a) operating entirely
within the corporate limits of any city or town, or within five
miles of the corporate limits thereof, or (b) operating entirely
within and between cities and towns whose corporate limits
are not more than five miles apart or within five miles of the
corporate limits of either thereof. Included herein, but
without limiting the scope hereof, is the business of operating passenger vehicles of every type and also the business of
operating cartage, pickup, or delivery services, including in
such services the collection and distribution of property
arriving from or destined to a point within or without the
state, whether or not such collection or distribution be made
by the person performing a local or interstate line-haul of
such property.
(10) "Public service business" means any of the businesses defined in subdivisions (1), (2), (3), (4), (5), (6), (7),
(8), and (9) or any business subject to control by the state,
or having the powers of eminent domain and the duties incident thereto, or any business hereafter declared by the
legislature to be of a public service nature, except telephone
business as defined in RCW 82.04.065 and low-level
radioactive waste site operating companies as redefined in
RCW 81.04.010. It includes, among others, without limiting
the scope hereof: Airplane transportation, boom, dock, ferry,
pipe line, toll bridge, toll logging road, water transportation
and wharf businesses.
(11) "Tugboat business" means the business of operating
tugboats, towboats, wharf boats or similar vessels in the
towing or pushing of vessels, barges or rafts for hire.
(12) "Gross income" means the value proceeding or
accruing from the performance of the particular public
service or transportation business involved, including operations incidental thereto, but without any deduction on
account of the cost of the commodity furnished or sold, the
cost of materials used, labor costs, interest, discount, delivery
costs, taxes, or any other expense whatsoever paid or
accrued and without any deduction on account of losses.
(13) The meaning attributed, in chapter 82.04 RCW, to
the term "tax year," "person," "value proceeding or accruing," "business," "engaging in business," "in this state,"
"within this state," "cash discount" and "successor" shall
apply equally in the provisions of this chapter. [1996 c 150
§ 1; 1994 c 163 § 4; 1991 c 272 § 14; 1989 c 302 § 203.
Prior: 1989 c 302 § 102; 1986 c 226 § 1; 1983 2nd ex.s. c
3 § 32; 1982 2nd ex.s. c 9 § 1; 1981 c 144 § 2; 1965 ex.s.
c 173 § 20; 1961 c 293 § 12; 1961 c 15 § 82.16.010; prior:
1959 ex.s. c 3 § 15; 1955 c 389 § 28; 1949 c 228 § 10;
1943 c 156 § 10; 1941 c 178 § 12; 1939 c 225 § 20; 1937
c 227 § 11; 1935 c 180 § 37; Rem. Supp. 1949 § 8370-37.]
Effective date—1996 c 150: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 25, 1996]." [1996 c 150 § 3.]
Effective dates—1991 c 272: See RCW 81.108.901.
Finding, purpose—1989 c 302: See note following RCW 82.04.120.
Effective date—1986 c 226: "This act shall take effect July 1, 1986."
[1986 c 226 § 3.]
[Title 82 RCW—page 124]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Effective date—1982 2nd ex.s. c 9: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect August 1, 1982." [1982 2nd ex.s. c 9 § 4.]
Intent—1981 c 144: "The legislature recognizes that there have been
significant changes in the nature of the telephone business in recent years.
Once solely the domain of regulated monopolies, the telephone business has
now been opened up to competition with respect to most of its services and
equipment. As a result of this competition, the state and local excise tax
structure in the state of Washington has become discriminatory when
applied to regulated telephone company transactions that are similar in
nature to those consummated by nonregulated competitors. Telephone
companies are forced to operate at a significant state and local tax
disadvantage when compared to these nonregulated competitors.
To remedy this situation, it is the intent of the legislature to place
telephone companies and nonregulated competitors of telephone companies
on an equal excise tax basis with regard to the providing of similar goods
and services. Therefore competitive telephone services shall for excise tax
purposes only, unless otherwise provided, be treated as retail sales under the
applicable state and local business and occupation and sales and use taxes.
This shall not affect any requirement that regulated telephone companies
have under Title 80 RCW, unless otherwise provided.
Nothing in this act affects the authority and responsibility of the
Washington utilities and transportation commission to set fair, just,
reasonable, and sufficient rates for telephone service." [1981 c 144 § 1.]
Severability—1981 c 144: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 144 § 12.]
Effective date—1981 c 144: "This act shall take effect on January
1, 1982." [1981 c 144 § 13.]
Effective date—1965 ex.s. c 173: See note following RCW
82.04.050.
82.16.020 Public utility tax imposed—Additional tax
imposed—Deposit of moneys. (1) There is levied and there
shall be collected from every person a tax for the act or
privilege of engaging within this state in any one or more of
the businesses herein mentioned. The tax shall be equal to
the gross income of the business, multiplied by the rate set
out after the business, as follows:
(a) Express, sewerage collection, and telegraph businesses: Three and six-tenths percent;
(b) Light and power business: Three and sixty-two onehundredths percent;
(c) Gas distribution business: Three and six-tenths
percent;
(d) Urban transportation business: Six-tenths of one
percent;
(e) Vessels under sixty-five feet in length, except
tugboats, operating upon the waters within the state: Sixtenths of one percent;
(f) Motor transportation, railroad, railroad car, and
tugboat businesses, and all public service businesses other
than ones mentioned above: One and eight-tenths of one
percent;
(g) Water distribution business: Four and seven-tenths
percent.
(2) An additional tax is imposed equal to the rate
specified in RCW 82.02.030 multiplied by the tax payable
under subsection (1) of this section.
(3) Twenty percent of the moneys collected under
subsection (1) of this section on water distribution businesses
and sixty percent of the moneys collected under subsection
(1) of this section on sewerage collection businesses shall be
(2002 Ed.)
Public Utility Tax
deposited in the public works assistance account created in
RCW 43.155.050. [1996 c 150 § 2; 1989 c 302 § 204; 1986
c 282 § 14; 1985 c 471 § 10; 1983 2nd ex.s. c 3 § 13; 1982
2nd ex.s. c 5 § 1; 1982 1st ex.s. c 35 § 5; 1971 ex.s. c 299
§ 12; 1967 ex.s. c 149 § 24; 1965 ex.s. c 173 § 21; 1961 c
293 § 13; 1961 c 15 § 82.16.020. Prior: 1959 ex.s. c 3 §
16; 1939 c 225 § 19; 1935 c 180 § 36; RRS § 8370-36.]
Effective date—1996 c 150: See note following RCW 82.16.010.
Finding, purpose—1989 c 302: See note following RCW 82.04.120.
Severability—1986 c 282: See RCW 82.18.900.
Severability—Effective date—1985 c 471: See notes following
RCW 82.04.260.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Effective date—1982 2nd ex.s. c 5: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect August 1, 1982." [1982 2nd ex.s. c 5 § 2.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
82.16.030 Taxable under each schedule if within its
purview. Every person engaging in businesses which are
within the purview of two or more of schedules of RCW
82.16.020(1), shall be taxable under each schedule applicable
to the businesses engaged in. [1989 c 302 § 205; 1982 1st
ex.s. c 35 § 6; 1961 c 15 § 82.16.030. Prior: 1935 c 180 §
38; RRS § 8370-38.]
Finding, purpose—1989 c 302: See note following RCW 82.04.120.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
82.16.040 Exemption. The provisions of this chapter
shall not apply to persons engaging in one or more businesses taxable under this chapter whose total gross income is less
than two thousand dollars for a monthly period or portion
thereof. Any person claiming exemption under this section
may be required to file returns even though no tax may be
due. If the total gross income for a taxable monthly period
is two thousand dollars, or more, no exemption or deductions
from the gross operating revenue is allowed by this provision. [1996 c 111 § 4; 1961 c 15 § 82.16.040. Prior: 1959
ex.s. c 3 § 17; 1959 c 197 § 27; 1935 c 180 § 39; RRS §
8370-39.]
Findings—Purpose—Effective date—1996 c 111: See notes
following RCW 82.32.030.
82.16.042 Exemptions—Water services supplied by
small water-sewer districts, irrigation districts, or
systems. (Expires July 1, 2004.) (1) This chapter does not
apply to amounts received for water services supplied by a
water-sewer district established under Title 57 RCW or by
an irrigation district established under Title 87 RCW that:
(a) Has less than one thousand five hundred connections; and
(b) Charges residential water rates that exceed one
hundred twenty-five percent of the statewide average
residential water rate published on or before July 1st of each
year by the department of health.
(2002 Ed.)
82.16.020
(2) This chapter does not apply to amounts received for
water services supplied by a water system that:
(a) Is operated or owned by a qualified satellite management agency under RCW 70.116.134;
(b) Has less than two hundred connections; and
(c) Charges residential water rates that exceed one
hundred twenty-five percent of the statewide average
residential water rate.
(3) To receive an exemption under this section, the
water system or irrigation district shall supply to the department of revenue proof that an amount equal to at least ninety
percent of the value of the exemption shall be expended to
repair, equip, maintain, and upgrade the water system.
(4) For the purposes of this section, "statewide average
residential water rate" means the statewide average residential water rate published under RCW 82.04.312.
(5) This section expires July 1, 2004. [1998 c 316 § 2;
1997 c 407 § 3.]
Effective date—1998 c 316: See note following RCW 82.04.312.
Findings—1997 c 407: See note following RCW 82.04.312.
82.16.0431 Exemptions—Water distribution businesses with water conservation and outreach programs.
(Expires June 30, 2003.) (1) The legislature intends to
provide an incentive for water distribution businesses to help
reduce their customers’ use of water through measures such
as: Water conservation and outreach programs, distributing
shower flow restrictors, toilet tank water displacement
devices, and leak detection dye tablets; providing waterefficient fixtures at no cost, giving a rebate for customerpurchased fixtures, or arranging for suppliers to provide
fixtures at a reduced price; providing plants for low-water
demand landscaping, moisture sensors, flow timers, lowvolume sprinklers, and drip irrigation systems; and using
conservation pricing and billings that show percentage
increase/decrease in water use over the same period from the
previous year.
(2) In computing tax under this chapter, there shall be
deducted from the gross income seventy-five percent of
those amounts expended to improve consumers’ efficiency
of water use or to otherwise reduce the use of water by the
consumer when the expenditures are implementing elements
of the conservation plan within a state approved water
system plan or a small water system management program.
Total deductions taken under this subsection and the resulting tax savings shall be reported to the department of
revenue at the time the tax is due.
(3) This chapter does not apply to seventy-five percent
of the amounts received for water services supplied by an
entity that holds a permit under RCW 90.46.030 when the
water supplied is reclaimed water as defined in RCW
90.46.010. Total deductions taken under this subsection and
the resulting tax savings shall be reported to the department
of revenue at the time the tax is due.
(4)(a) There is created in the state general fund the state
water rights trust account. Moneys in the account may be
spent only after appropriation. Expenditures from the
account may be used by the department of ecology, in
consultation with the department of fish and wildlife, only to
purchase or lease water rights to augment instream flows in
streams supporting fish stocks that are listed as threatened or
[Title 82 RCW—page 125]
82.16.0431
Title 82 RCW: Excise Taxes
endangered under federal law or listed as depressed or
threatened by reason of inadequate stream flows under state
law.
(b) The legislature intends that an amount equal to onethird of the total tax savings resulting from this section in
each state fiscal year shall be appropriated from the general
fund—state to the state water rights trust account. The
department of revenue shall calculate the total amount of tax
savings reported by water suppliers under this section and
shall report this amount to the office of financial management and the appropriate committees of the legislature by
October 1st of each calendar year.
(5) This section expires June 30, 2003. [2001 c 237 §
26.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
82.16.045 Exemptions and credits—Pollution
control facilities. See chapter 82.34 RCW.
82.16.046 Exemptions—Operation of state route No.
16. The provisions of this chapter do not apply to amounts
received from operating state route number 16 corridor
transportation systems and facilities constructed and operated
under chapter 47.46 RCW. [1998 c 179 § 5.]
Finding—1998 c 179: See note following RCW 35.21.718.
82.16.047 Exemptions—Ride sharing. This chapter
does not apply to any funds received in the course of
commuter ride sharing or ride sharing for persons with special transportation needs in accordance with RCW 46.74.010.
[1999 c 358 § 12; 1979 c 111 § 18.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Severability—1979 c 111: See note following RCW 46.74.010.
82.16.048 Credit—Ride-sharing, public transportation, or nonmotorized commuting incentives—Penalty—
Report to legislature. (Effective until January 1, 2003.)
(1)(a) Employers in this state who are taxable under this
chapter and provide financial incentives to their employees
for ride sharing, for using public transportation, or for using
nonmotorized commuting before June 30, 2006, shall be
allowed a credit for amounts paid to or on behalf of employees for ride sharing in vehicles carrying two or more
persons, for using public transportation, or for using
nonmotorized commuting, not to exceed sixty dollars per
employee per year. The credit shall be equal to the amount
paid to or on behalf of each employee multiplied by fifty
percent, but may not exceed sixty dollars per employee per
year.
(b) Property managers who are taxable under this
chapter and provide financial incentives to persons employed
at a worksite managed by the property manager in this state
for ride sharing, for using public transportation, or for using
nonmotorized commuting before June 30, 2006, shall be
allowed a credit for amounts paid to or on behalf of these
persons for ride sharing in vehicles carrying two or more
persons, for using public transportation, or for using
nonmotorized commuting, not to exceed sixty dollars per
[Title 82 RCW—page 126]
person per year. A person may not take a credit under this
section for amounts claimed for credit by other persons.
(c) For ride sharing in vehicles carrying two persons,
the credit shall be equal to the amount paid to or on behalf
of each employee multiplied by thirty percent, but may not
exceed sixty dollars per employee per year. The credit may
not exceed the amount of tax that would otherwise be due
under this chapter.
(2) Application for tax credit under this chapter may
only be made in the form and manner prescribed in rules
adopted by the department.
(3) The credit shall be taken not more than once
quarterly and not less than once annually against taxes due
for the same calendar year in which the amounts for which
credit is claimed were paid to or on behalf of employees for
ride sharing, for using public transportation, or for using
nonmotorized commuting and must be claimed by the due
date of the last tax return for the calendar year in which the
payment is made.
(4) The director shall on the 25th of February, May,
August, and November of each year advise the state treasurer of the amount of credit taken during the preceding
calendar quarter ending on the last day of December, March,
June, and September, respectively.
(5) On the first of April, July, October, and January of
each year, the state treasurer based upon information
provided by the department shall deposit to the general fund
a sum equal to the dollar amount of the credit provided
under subsection (1) of this section from the air pollution
control account, the transportation account, and the public
transportation systems account. The first draw on reimbursements to the general fund must be from the air pollution control account, and reimbursements must not exceed
one and one-half million dollars in any calendar year for the
tax credits claimed under RCW 82.04.4453 and 82.16.048.
Reimbursements to the general fund in excess of that amount
drawn from the air pollution control account must be drawn,
subject to appropriation, in equal amounts from the transportation account and the public transportation systems account;
but in no case may those amounts exceed three hundred
seventy-five thousand dollars from each account in any
calendar year.
(6) The commute trip reduction task force shall determine the effectiveness of this tax credit as part of its
ongoing evaluation of the commute trip reduction law and
report to the legislative transportation committee and to the
fiscal committees of the house of representatives and the
senate. The report shall include information on the amount
of tax credits claimed to date and recommendations on future
funding for the tax credit program. The report shall be incorporated into the recommendations required in RCW
70.94.537(5).
(7) Any person who knowingly makes a false statement
of a material fact in the application for a credit under
subsection (1) of this section is guilty of a gross misdemeanor.
(8) A person may not receive credit for amounts paid to
or on behalf of the same employee under both this section
and RCW 82.04.4453. [1999 c 402 § 2; 1996 c 128 § 3;
1994 c 270 § 4.]
Reviser’s note: This section was amended by 1999 c 402 § 2 without
cognizance of its December 31, 2000, expiration date by 1996 c 128 § 7.
(2002 Ed.)
Public Utility Tax
Effective date—Expiration date—1996 c 128: See note following
RCW 82.04.4453.
Finding—Expiration date—1994 c 270: See notes following RCW
82.04.4453.
82.16.049 Credit—Ride-sharing, public transportation, or nonmotorized commuting incentives—Ceiling.
(Effective until January 1, 2003.) (1) The department shall
keep a running total of all credits granted under RCW
82.04.4453 and 82.16.048 during each calendar year, and
shall disallow any credits that would cause the tabulation for
any calendar year to exceed two million two hundred
twenty-five thousand dollars, or the amount provided from
the air pollution control account and the appropriations from
the transportation account and the public transportation
systems account, whichever is less.
(2) No person is eligible for tax credits under RCW
82.04.4453 and 82.16.048 in excess of one hundred thousand
dollars in any calendar year.
(3) No person is eligible for tax credits under RCW
82.16.048 in excess of the amount of tax that would otherwise be due under this chapter.
(4) No portion of an application for credit disallowed
under this section may be carried back or carried forward.
[1999 c 402 § 4; 1996 c 128 § 4; 1994 c 270 § 5.]
Reviser’s note: This section was amended by 1999 c 402 § 4 without
cognizance of its December 31, 2000, expiration date by 1996 c 128 § 7.
Effective date—Expiration date—1996 c 128: See note following
RCW 82.04.4453.
Finding—Expiration date—1994 c 270: See notes following RCW
82.04.4453.
82.16.0491 Credit—Contributions to an electric
utility rural economic development revolving fund. (1)
The following definitions apply to this section:
(a) "Qualifying project" means a project designed to
achieve job creation or business retention, to add or upgrade
nonelectrical infrastructure, to add or upgrade health and
safety facilities, to accomplish energy and water use efficiency improvements, including renewable energy development, or to add or upgrade emergency services in any
designated qualifying rural area.
(b) "Qualifying rural area" means:
(i) A rural county, which is a county with a population
density of less than one hundred persons per square mile as
determined by the office of financial management and
published each year by the department for the period July 1st
to June 30th; or
(ii) Any geographic area in the state that receives
electricity from a light and power business with twelve
thousand or fewer customers and with fewer than twenty-six
meters per mile of distribution line as determined and
published by the department of revenue effective July 1st of
each year. The department shall use current data provided
by the electricity industry.
(c) "Electric utility rural economic development revolving fund" means a fund devoted exclusively to funding
qualifying projects in qualifying rural areas.
(d) "Local board" is a board of directors with at least,
but not limited to, three members representing local businesses and community groups who have been appointed by
the sponsoring electric utility to oversee and direct the activi(2002 Ed.)
82.16.048
ties of the electric utility rural economic development
revolving fund.
(2) A light and power business with fewer than twentysix active meters per mile of distribution line in any geographic area in the state shall be allowed a credit against
taxes due under this chapter in an amount equal to fifty
percent of contributions made in any calendar year directly
to an electric utility rural economic development revolving
fund. The credit shall be taken in a form and manner as
required by the department. The credit under this section
shall not exceed twenty-five thousand dollars per calendar
year per light and power business. The credit may not
exceed the tax that would otherwise be due under this
chapter. Refunds shall not be granted in the place of credits.
Expenditures not used to earn a credit in one calendar year
may not be used to earn a credit in subsequent years.
(3) The right to earn tax credits under this section
expires December 31, 2005.
(4) To qualify for the credit in subsection (2) of this
section, the light and power business shall establish an
electric utility rural economic development revolving fund
which is governed by a local board whose members shall
reside in the qualifying rural area served by the light and
power business. The local board shall have authority to
determine all criteria and conditions for the expenditure of
funds from the electric utility rural economic development
[revolving] fund, and for the terms and conditions of
repayment.
(5) Any funds repaid to the electric utility rural economic development [revolving] fund by recipients shall be made
available for additional qualifying projects.
(6) If at any time the electric utility rural economic
development [revolving] fund is dissolved, any moneys
claimed as a tax credit under this section shall either be
granted to a qualifying project or refunded to the state within
two years of termination.
(7) The total amount of credits that may be used in any
fiscal year shall not exceed three hundred fifty thousand
dollars in any fiscal year. The department shall allow the
use of earned credits on a first-come, first-served basis.
Unused earned credits may be carried over to subsequent
years. [1999 c 311 § 402.]
Findings—Intent—1999 c 311: "The legislature finds that it is
necessary to employ multiple approaches to revitalize the economy of
Washington state’s rural areas. The legislature also finds that where
possible, Washington state should develop programs which can complement
other private, state, and federal programs. It is the intent of section 402 of
this act to complement such rural economic development efforts by creating
a public utility tax offset program to help establish locally based electric
utility revolving fund programs to be used for economic development and
job creation." [1999 c 311 § 401.]
Part headings and subheadings not law—Effective date—
Severability—1999 c 311: See notes following RCW 82.14.370.
82.16.0495 Credit—Electricity sold to a direct
service industrial customer. (1) Unless the context clearly
requires otherwise, the definitions in this subsection apply
throughout this section.
(a) "Direct service industrial customer" means a person
who is an industrial customer that contracts for the purchase
of power from the Bonneville Power Administration for
direct consumption as of May 8, 2001. "Direct service
industrial customer" includes a person who is a subsidiary
[Title 82 RCW—page 127]
82.16.0495
Title 82 RCW: Excise Taxes
that is more than fifty percent owned by a direct service
industrial customer and who receives power from the
Bonneville Power Administration pursuant to the parent’s
contract for power.
(b) "Facility" means a gas turbine electrical generation
facility that does not exist on May 8, 2001.
(c) "Average annual employment" means the total
employment in this state for a calendar year at the direct
service industrial customer’s location where electricity from
the facility will be consumed.
(2) Effective July 1, 2001, a credit is allowed against
the tax due under this chapter on sales of electricity made
from a facility to a direct service industrial customer if the
contract for sale of electricity to a direct service industrial
customer contains the following terms:
(a) Sales of electricity from the facility to the direct
service industrial customer will be made for ten consecutive
years or more;
(b) The price charged for the electricity will be reduced
by an amount equal to the tax credit; and
(c) Disallowance of all or part of the credit under
subsection (5) of this section is a breach of contract and the
damages to be paid by the direct service industrial customer
to the facility are the amount of tax credit disallowed.
(3) The credit is equal to the gross proceeds from the
sale of the electricity to a direct service industrial customer
multiplied by the rate in effect at the time of the sale for the
public utility tax on light and power businesses under RCW
82.16.020. The credit may be used each reporting period for
sixty months following the first month electricity is sold
from a facility to a direct service industrial customer. Credit
under this section is limited to the amount of tax imposed
under this chapter. Refunds shall not be given in place of
credits and credits may not be carried over to subsequent
calendar years.
(4) Application for credit shall be made before the first
sale of electricity from a facility to a direct service industrial
customer. The application shall be in a form and manner
prescribed by the department and shall include but is not
limited to information regarding the location of the facility,
identification of the direct service industrial customer who
will receive electricity from the facility, the projected date of
the first sale of electricity to a direct service industrial
customer, the date construction is projected to begin or did
begin, and the average annual employment in the state of the
direct service industrial customer who will receive electricity
from the facility for the six calendar years immediately
preceding the year in which the application is made. A copy
of the contract for sale of electricity must be attached to the
application. The department shall rule on the application
within thirty days of receipt.
(5) All or part of the credit shall be disallowed and must
be paid if the average of the direct service industrial
customer’s average annual employment for the five calendar
years subsequent to the calendar year containing the first
month of sale of electricity from a facility to a direct service
industrial customer is less than the six-year average annual
employment stated on the application for credit under this
section. The direct service industrial customer shall certify
to the department and to the facility by June 1st of the sixth
calendar year following the calendar year in which the
month of first sale occurs the average annual employment
[Title 82 RCW—page 128]
for each of the five prior calendar years. All or part of the
credit that shall be disallowed and must be paid is commensurate with the decrease in the five-year average of average
annual employment as follows:
Decrease in Average Annual
Employment Over
Five-Year Period
% of Credit to be Paid
Less than 10%
10%
10% or more but less than 25%
25%
25% or more but less than 50%
50%
50% or more but less than 75%
75%
75% or more
100%
(6)(a) Payments on credit that is disallowed shall begin
in the sixth calendar year following the calendar year in
which the month following the first month of sale of
electricity from a facility to a direct service industrial
customer occurs. The first payment will be due on or before
December 31st with subsequent annual payments due on or
before December 31st of the following four years according
to the schedule in this subsection.
Payment Year
% of Credit to
be Paid
1
2
3
4
5
10%
15%
20%
25%
30%
(b) The department may authorize an accelerated
payment schedule upon request of the taxpayer.
(c) Interest shall not be charged on the credit that is disallowed for the sixty-month period the credit may be taken,
although all other penalties and interest applicable to
delinquent excise taxes may be assessed and imposed. The
debt for credit that is disallowed and must be paid will not
be extinguished by insolvency or other failure of the taxpayer. Transfer of ownership of the facility does not affect
eligibility for this credit. However, the credit is available to
the successor only if the eligibility conditions of this section
are met.
(7) The employment security department shall make,
and certify to the department of revenue, all determinations
of employment under this section as requested by the
department. [2001 c 214 § 11.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
82.16.0497 Credit—Light and power business, gas
distribution business. (1) Unless the context clearly
requires otherwise, the definitions in this subsection apply
throughout this section.
(a) "Base credit" means the maximum amount of credit
against the tax imposed by this chapter that each light and
power business or gas distribution business may take each
fiscal year as calculated by the department. The base credit
is equal to the proportionate share that the total grants
received by each light and power business or gas distribution
business in the prior fiscal year bears to the total grants
received by all light and power businesses and gas dis(2002 Ed.)
Public Utility Tax
tribution businesses in the prior fiscal year multiplied by two
million five hundred thousand dollars.
(b) "Billing discount" means a reduction in the amount
charged for providing service to qualifying persons in
Washington made by a light and power business or a gas
distribution business. Billing discount does not include
grants received by the light and power business or a gas
distribution business.
(c) "Grant" means funds provided to a light and power
business or gas distribution business by the department of
community, trade, and economic development or by a qualifying organization.
(d) "Low-income home energy assistance program"
means energy assistance programs for low-income households as defined on December 31, 2000, in the low-income
home energy assistance act of 1981 as amended August 1,
1999, 42 U.S.C. Sec. 8623 et seq.
(e) "Qualifying person" means a Washington resident
who applies for assistance and qualifies for a grant regardless of whether that person receives a grant.
(f) "Qualifying contribution" means money given by a
light and power business or a gas distribution business to a
qualifying organization, exclusive of money received in the
prior fiscal year from its customers for the purpose of
assisting other customers.
(g) "Qualifying organization" means an entity that has
a contractual agreement with the department of community,
trade, and economic development to administer in a specified
service area low-income home energy assistance funds received from the federal government and such other funds
that may be received by the entity.
(2) Subject to the limitations in this section, a light and
power business or a gas distribution business may take a
credit each fiscal year against the tax imposed under this
chapter.
(a)(i) A credit may be taken for qualifying contributions
if the dollar amount of qualifying contributions for the fiscal
year in which the tax credit is taken is greater than one
hundred twenty-five percent of the dollar amount of qualifying contributions given in fiscal year 2000.
(ii) If no qualifying contributions were given in fiscal
year 2000, a credit shall be allowed for the first fiscal year
that qualifying contributions are given. Thereafter, credit
shall be allowed if the qualifying contributions given exceed
one hundred twenty-five percent of qualifying contributions
given in the first fiscal year.
(iii) The amount of credit shall be fifty percent of the
dollar amount of qualifying contributions given in the fiscal
year in which the tax credit is taken.
(b)(i) A credit may be taken for billing discounts if the
dollar amount of billing discounts for the fiscal year in
which the tax credit is taken is greater than one hundred
twenty-five percent of the dollar amount of billing discounts
given in fiscal year 2000.
(ii) If no billing discounts were given in fiscal year
2000, a credit shall be allowed in the first fiscal year that
billing discounts are given. Thereafter, credit shall be
allowed if the dollar amount of billing discounts given
exceeds one hundred twenty-five percent of billing discounts
given in the first fiscal year.
(2002 Ed.)
82.16.0497
(iii) The amount of credit shall be fifty percent of the
dollar amount of the billing discounts given in the fiscal year
in which the tax credit is taken.
(c) The total amount of credit that may be taken for
qualifying contributions and billing discounts in a fiscal year
is limited to the base credit for the same fiscal year.
(3) The total amount of credit, statewide, that may be
taken in any fiscal year shall not exceed two million five
hundred thousand dollars. By May 1st of each year starting
in 2002, the department of community, trade, and economic
development shall notify the department of revenue in
writing of the grants received in the current fiscal year by
each light and power business and gas distribution business.
(4)(a) Not later than June 1st of each year beginning in
2002, the department shall publish the base credit for each
light and power business and gas distribution business for
the next fiscal year.
(b) Not later than July 1st of each year beginning in
2002, application for credit must by made to the department
including but not limited to the following information:
Billing discounts given by the applicant in fiscal year 2000;
qualifying contributions given by the applicant in the prior
fiscal year; the amount of money received in the prior fiscal
year from customers for the purpose of assisting other
customers; the base credit for the next fiscal year for the
applicant; the qualifying contributions anticipated to be given
in the next fiscal year; and billing discounts anticipated to be
given in the next fiscal year. No credit under this section
will be allowed to a light and power business or gas distribution business that does not file the application by July 1st.
(c) Not later than August 1st of each year beginning in
2002, the department shall notify each applicant of the
amount of credit that may be taken in that fiscal year.
(d) The balance of base credits not used by other light
and power businesses and gas distribution businesses shall be
ratably distributed to applicants under the formula in
subsection (1)(a) of this section. The total amount of credit
that may be taken by an applicant is the base credit plus any
ratable portion of unused base credit.
(5) The credit taken under this section is limited to the
amount of tax imposed under this chapter for the fiscal year.
The credit must be claimed in the fiscal year in which the
billing reduction is made. Any unused credit expires.
Refunds shall not be given in place of credits.
(6) No credit may be taken for billing discounts made
before July 1, 2001. Within two weeks of May 8, 2001, the
department of community, trade, and economic development
shall notify the department of revenue in writing of the
grants received in fiscal year 2001 by each light and power
business and gas distribution business. Within four weeks
of May 8, 2001, the department of revenue shall publish the
base credit for each light and power business and gas
distribution business for fiscal year 2002. Within eight
weeks of May 8, 2001, application to the department must
be made showing the information required in subsection
(4)(b) of this section. Within twelve weeks of May 8, 2001,
the department shall notify each applicant of the amount of
credit that may be taken in fiscal year 2002. [2001 c 214 §
13.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
[Title 82 RCW—page 129]
82.16.050
Title 82 RCW: Excise Taxes
82.16.050 Deductions in computing tax. In computing tax there may be deducted from the gross income the
following items:
(1) Amounts derived by municipally owned or operated
public service businesses, directly from taxes levied for the
support or maintenance thereof: PROVIDED, That this
section shall not be construed to exempt service charges
which are spread on the property tax rolls and collected as
taxes;
(2) Amounts derived from the sale of commodities to
persons in the same public service business as the seller, for
resale as such within this state. This deduction is allowed
only with respect to water distribution, gas distribution or
other public service businesses which furnish water, gas or
any other commodity in the performance of public service
businesses;
(3) Amounts actually paid by a taxpayer to another
person taxable under this chapter as the latter’s portion of
the consideration due for services furnished jointly by both,
if the total amount has been credited to and appears in the
gross income reported for tax by the former;
(4) The amount of cash discount actually taken by the
purchaser or customer;
(5) The amount of credit losses actually sustained by
taxpayers whose regular books of accounts are kept upon an
accrual basis;
(6) Amounts derived from business which the state is
prohibited from taxing under the Constitution of this state or
the Constitution or laws of the United States;
(7) Amounts derived from the distribution of water
through an irrigation system, for irrigation purposes;
(8) Amounts derived from the transportation of commodities from points of origin in this state to final destination outside this state, or from points of origin outside this
state to final destination in this state, with respect to which
the carrier grants to the shipper the privilege of stopping the
shipment in transit at some point in this state for the purpose
of storing, manufacturing, milling, or other processing, and
thereafter forwards the same commodity, or its equivalent, in
the same or converted form, under a through freight rate
from point of origin to final destination; and amounts
derived from the transportation of commodities from points
of origin in the state to an export elevator, wharf, dock or
ship side on tidewater or navigable tributaries thereto from
which such commodities are forwarded, without intervening
transportation, by vessel, in their original form, to interstate
or foreign destinations: PROVIDED, That no deduction will
be allowed when the point of origin and the point of delivery
to such an export elevator, wharf, dock, or ship side are
located within the corporate limits of the same city or town;
(9) Amounts derived from the production, sale, or
transfer of electrical energy for resale within or outside the
state or for consumption outside the state;
(10) Amounts derived from the distribution of water by
a nonprofit water association and used for capital improvements by that nonprofit water association;
(11) Amounts paid by a sewerage collection business
taxable under RCW 82.16.020(1)(a) to a person taxable
under chapter 82.04 RCW for the treatment or disposal of
sewage. [2000 c 245 § 1; 1994 c 124 § 12; 1989 c 302 §
103; 1987 c 207 § 1; 1982 2nd ex.s. c 9 § 3; 1977 ex.s. c
368 § 1; 1967 ex.s. c 149 § 25; 1965 ex.s. c 173 § 22; 1961
[Title 82 RCW—page 130]
c 15 § 82.16.050. Prior: 1959 ex.s. c 3 § 18; 1949 c 228 §
11; 1937 c 227 § 12; 1935 c 180 § 40; Rem. Supp. 1949 §
8370-40.]
Effective date—Application—2000 c 245 § 1: "(1) Section 1 of this
act is necessary for the immediate preservation of the public peace, health,
or safety, or support of the state government and its existing public
institutions, and takes effect immediately [March 31, 2000].
(2) Section 1 of this act applies to all amounts due prior to and after
March 31, 2000." [2000 c 245 § 3.]
Finding, purpose—1989 c 302: See note following RCW 82.04.120.
Effective date—1982 2nd ex.s. c 9: See note following RCW
82.16.010.
82.16.053 Deductions in computing tax—Light and
power businesses. (1) In computing tax under this chapter,
a light and power business may deduct from gross income
the lesser of the amounts determined under subsections (2)
through (4) of this section.
(2)(a) Fifty percent of wholesale power cost paid during
the reporting period, if the light and power business has
fewer than five and one-half customers per mile of line.
(b) Forty percent of wholesale power cost paid during
the reporting period, if the light and power business has
more than five and one-half but less than eleven customers
per mile.
(c) Thirty percent of the wholesale power cost paid
during the reporting period, if the light and power business
has more than eleven but less than seventeen customers per
mile of line.
(d) Zero if the light and power business has more than
seventeen customers per mile of line.
(3) Wholesale power cost multiplied by the percentage
by which the average retail electric power rates for the light
and power business exceed the state average electric power
rate. If more than fifty percent of the kilowatt hours sold by
a light and power business are sold to irrigators, then only
sales to nonirrigators shall be used to calculate the average
electric power rate for that light and power business. For
purposes of this subsection, the department shall determine
state average electric power rate each year based on the most
recent available data and shall inform taxpayers of its determination.
(4) Four hundred thousand dollars per month. [1996 c
145 § 1; 1994 c 236 § 1.]
Effective date—1996 c 145: "This act shall take effect July 1, 1996."
[1996 c 145 § 2.]
Effective date—1994 c 236: "This act shall take effect July 1, 1994."
[1994 c 236 § 2.]
82.16.055 Deductions relating to energy conservation or production from renewable resources. (1) In
computing tax under this chapter there shall be deducted
from the gross income:
(a) An amount equal to the cost of production at the
plant for consumption within the state of Washington of:
(i) Electrical energy produced or generated from
cogeneration as defined in RCW 82.35.020; and
(ii) Electrical energy or gas produced or generated from
renewable energy resources such as solar energy, wind
energy, hydroelectric energy, geothermal energy, wood,
wood wastes, municipal wastes, agricultural products and
wastes, and end-use waste heat; and
(2002 Ed.)
Public Utility Tax
(b) Those amounts expended to improve consumers’
efficiency of energy end use or to otherwise reduce the use
of electrical energy or gas by the consumer.
(2) This section applies only to new facilities for the
production or generation of energy from cogeneration or
renewable energy resources or measures to improve the
efficiency of energy end use on which construction or
installation is begun after June 12, 1980, and before January
1, 1990.
(3) Deductions under subsection (1)(a) of this section
shall be allowed for a period not to exceed thirty years after
the project is placed in operation.
(4) Measures or projects encouraged under this section
shall at the time they are placed in service be reasonably
expected to save, produce, or generate energy at a total
incremental system cost per unit of energy delivered to end
use which is less than or equal to the incremental system
cost per unit of energy delivered to end use from similarly
available conventional energy resources which utilize nuclear
energy or fossil fuels and which the gas or electric utility
could acquire to meet energy demand in the same time
period.
(5) The department of revenue, after consultation with
the utilities and transportation commission in the case of
investor-owned utilities and the governing bodies of locally
regulated utilities, shall determine the eligibility of individual
projects and measures for deductions under this section.
[1980 c 149 § 3.]
Legislative finding—1980 c 149: See RCW 80.28.024.
Utility rate structures encouraging energy conservation and production
from renewable resources: RCW 80.28.025.
82.16.060 May be taxed under other chapters.
Nothing herein shall be construed to exempt persons taxable
under the provisions of this chapter from tax under any other
chapters of this title with respect to activities other than
those specifically within the provisions of this chapter.
[1961 c 15 § 82.16.060. Prior: 1935 c 180 § 41; RRS §
8370-41.]
82.16.080 Administration. All of the provisions
contained in chapter 82.32 RCW shall have full force and
application with respect to taxes imposed under the provisions of this chapter. [1961 c 15 § 82.16.080. Prior: 1935
c 180 § 43; RRS § 8370-43.]
82.16.090 Light or power and gas distribution
businesses—Information required on customer billings.
Any customer billing issued by a light or power business or
gas distribution business that serves a total of more than
twenty thousand customers and operates within the state
shall include the following information:
(1) The rates and amounts of taxes paid directly by the
customer upon products or services rendered by the light and
power business or gas distribution business; and
(2) The rate, origin and approximate amount of each tax
levied upon the revenue of the light and power business or
gas distribution business and added as a component of the
amount charged to the customer. Taxes based upon revenue
of the light and power business or gas distribution business
to be listed on the customer billing need not include taxes
(2002 Ed.)
82.16.055
levied by the federal government or taxes levied under
chapters 54.28, 80.24, or 82.04 RCW. [1988 c 228 § 1.]
Effective date—1988 c 228: "This act shall take effect on January
1, 1989." [1988 c 228 § 2.]
82.16.100 Solid waste business not subject to
chapter. The business of collection, receipt, transfer,
including transportation between any locations, storage, or
disposal of solid waste is not subject to this chapter. Any
such business activities are subject to taxation under the
classification in RCW 82.04.290(2). "Solid waste" for
purposes of this section is defined in RCW 82.18.010.
[2001 c 320 § 8.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Chapter 82.18
SOLID WASTE COLLECTION TAX
(Formerly: Refuse collection tax)
Sections
82.18.010
82.18.020
82.18.030
82.18.040
82.18.050
82.18.060
82.18.070
82.18.080
82.18.900
82.18.901
Solid waste
Definitions.
Solid waste collection tax—Revenue to public works assistance account per RCW 82.18.040.
Collection of tax.
Collection of tax—Payment to state.
Federal government exempt from tax.
No multiple taxation of single transaction.
Applicability of general administrative provisions.
Enforcement.
Severability—1986 c 282.
Severability—1989 c 431.
management—Reduction and recycling: Chapter 70.95 RCW.
82.18.010 Definitions. For purposes of this chapter:
(1) "Solid waste collection business" means every
person who receives solid waste for transfer, storage, or
disposal including but not limited to all collection services,
public or private dumps, transfer stations, and similar
operations.
(2) "Person" shall have the meaning given in RCW
82.04.030 or any later, superseding section.
(3) "Solid waste" means garbage, trash, rubbish, or other
material discarded as worthless or not economically viable
for further use. The term does not include hazardous or
toxic waste nor does it include material collected primarily
for recycling or salvage.
(4) "Taxpayer" means that person upon whom the solid
waste collection tax is imposed. [1989 c 431 § 78; 1986 c
282 § 6.]
82.18.020 Solid waste collection tax—Revenue to
public works assistance account per RCW 82.18.040.
There is imposed on each person using the solid waste
services of a solid waste collection business a solid waste
collection tax equal to three and six-tenths percent of the
consideration charged for the services. [1989 c 431 § 79;
1986 c 282 § 7.]
Section captions not law—1989 c 431: See RCW 70.95.902.
82.18.030 Collection of tax. The person collecting
the charges made for using the solid waste collection
business shall collect the tax imposed in this chapter. If any
[Title 82 RCW—page 131]
82.18.030
Title 82 RCW: Excise Taxes
person charged with collecting the tax fails to bill the taxpayer for the tax, or in the alternative has not notified the
taxpayer in writing of the imposition of the tax, or having
collected the tax, fails to pay it to the department in the
manner prescribed by this chapter, whether such failure is
the result of the person’s own acts or the result of acts or
conditions beyond the person’s control, he or she shall,
nevertheless, be personally liable to the state for the amount
of the tax. [1989 c 431 § 84; 1986 c 282 § 8.]
82.18.040 Collection of tax—Payment to state.
Taxes collected under this chapter shall be held in trust until
paid to the state. Taxes received by the state shall be
deposited in the public works assistance account created in
RCW 43.155.050. Any person collecting the tax who
appropriates or converts the tax collected shall be guilty of
a gross misdemeanor if the money required to be collected
is not available for payment on the date payment is due. If
a taxpayer fails to pay the tax imposed by this chapter to the
person charged with collection of the tax and the person
charged with collection fails to pay the tax to the department, the department may, in its discretion, proceed directly
against the taxpayer for collection of the tax.
The tax shall be due from the taxpayer within twentyfive days from the date the taxpayer is billed by the person
collecting the tax.
The tax shall be due from the person collecting the tax
at the end of the tax period in which the tax is received from
the taxpayer. If the taxpayer remits only a portion of the
total amount billed for taxes, consideration, and related
charges, the amount remitted shall be applied first to
payment of the solid waste collection tax and this tax shall
have priority over all other claims to the amount remitted.
[2000 c 103 § 11; 1989 c 431 § 85; 1986 c 282 § 9.]
82.18.050 Federal government exempt from tax.
The solid waste collection taxes imposed in this chapter shall
not apply to any agency, division, or branch of the federal
government or to services rendered under a contract therewith. [1989 c 431 § 86; 1986 c 282 § 10.]
82.18.060 No multiple taxation of single transaction.
To prevent pyramiding and multiple taxation of a single
transaction, the solid waste collection taxes imposed in this
chapter shall not apply to any solid waste collection business
using the services of another solid waste collection business
for the transfer, storage, processing, or disposal of the waste
collected during the transaction.
To be eligible for this exemption, a person first must be
certified by the department of revenue as a solid waste
collection business. [1989 c 431 § 87; 1986 c 282 § 11.]
82.18.070 Applicability of general administrative
provisions. Chapter 82.32 RCW applies to the taxes
imposed under this chapter. [1989 c 431 § 88; 1986 c 282
§ 12.]
82.18.080 Enforcement. The department of revenue
shall have the power to enforce the taxes imposed in this
chapter through appropriate rules. [1989 c 431 § 89; 1986
c 282 § 13.]
[Title 82 RCW—page 132]
82.18.900 Severability—1986 c 282. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1986 c 282 § 22.]
82.18.901
70.95.901.
Severability—1989 c 431. See RCW
Chapter 82.19
LITTER TAX
Sections
82.19.010
82.19.020
82.19.030
82.19.040
82.19.050
82.19.900
Litter tax imposed—Report to the legislature—Time of
collection.
Application to certain products.
Rule-making authority tax—Items subject to—Reporting and
accounting.
Application of chapters 82.04 and 82.32 RCW—Disposition
of revenue.
Exemptions.
Effective date—1992 c 175.
82.19.010 Litter tax imposed—Report to the
legislature—Time of collection. (1) In addition to any
other taxes, there is hereby levied and there shall be collected by the department of revenue from every person for the
privilege of engaging within this state in business as a
manufacturer, as a wholesaler, or as a retailer, a litter tax
equal to the value of products listed in RCW 82.19.020,
including byproducts, manufactured within this state,
multiplied by fifteen one-thousandths of one percent in the
case of manufacturers, and equal to the gross proceeds of
sales of the products listed in RCW 82.19.020 that are sold
within this state multiplied by fifteen one-thousandths of one
percent in the case of wholesalers and retailers.
(2) Beginning January 1999, and in January of every
odd-numbered year thereafter, the department shall submit to
the appropriate committees of the senate and the house of
representatives a report on compliance with the litter tax.
The report shall address:
(a) The litter tax reported voluntarily and litter tax
assessed through enforcement; and
(b) Total litter tax revenues reported on an industry
basis.
(3) Beginning January 1999, the frequency and time of
collection of the tax will be changed to coincide with the
reporting periods by payers of their business and occupation
tax. [1998 c 257 § 7; 1992 c 175 § 3; 1971 ex.s. c 307 §
12. Formerly RCW 70.93.120.]
82.19.020 Application to certain products. To
accomplish effective litter control within the state and to
allocate a portion of the cost of administering this chapter to
those industries whose products, including the packages,
wrappings, and containers thereof, are reasonably related to
the litter problem, the tax imposed in this chapter shall only
apply to the value of products or the gross proceeds of sales
of products falling into the following categories:
(1) Food for human or pet consumption.
(2) Groceries.
(2002 Ed.)
Litter Tax
(3) Cigarettes and tobacco products.
(4) Soft drinks and carbonated waters.
(5) Beer and other malt beverages.
(6) Wine.
(7) Newspapers and magazines.
(8) Household paper and paper products.
(9) Glass containers.
(10) Metal containers.
(11) Plastic or fiber containers made of synthetic
material.
(12) Cleaning agents and toiletries.
(13) Nondrug drugstore sundry products. [1992 c 175
§ 4; 1971 ex.s. c 307 § 13. Formerly RCW 70.93.130.]
82.19.030 Rule-making authority tax—Items subject
to—Reporting and accounting. (1) The department of
revenue, by rule, may, if such is required, define those items
subject to tax under RCW 82.19.020. In making any such
definitions, the department of revenue shall be guided by the
following standards:
(a) It is the purpose of this chapter to accomplish
effective control of litter within this state;
(b) It is the purpose of this chapter to allocate a portion
of the cost of administration of this chapter to those industries manufacturing and/or selling products and the packages,
wrappings, or containers thereof which are reasonably related
to the litter problem within this state.
(2) Instead of requiring each business to separately
account for taxable and nontaxable products under this
chapter, the department may provide, by rule, that the tax
imposed in this chapter be reported and paid based on a
percentage of total sales for a particular type of business if
the department determines that the percentage reasonably
approximates the taxable activity of the particular type of
business. [1992 c 175 § 5; 1971 ex.s. c 307 § 14. Formerly
RCW 70.93.140.]
82.19.040 Application of chapters 82.04 and 82.32
RCW—Disposition of revenue. (1) To the extent applicable, all of the definitions of chapter 82.04 RCW and all of
the provisions of chapter 82.32 RCW apply to the tax
imposed in this chapter.
(2) Taxes collected under this chapter shall be deposited
in the waste reduction, recycling, and litter control account
under RCW 70.93.180. [2001 c 118 § 6; 1992 c 175 § 6;
1971 ex.s. c 307 § 16. Formerly RCW 70.93.160.]
82.19.050 Exemptions. The litter tax imposed in this
chapter does not apply to:
(1) The manufacture or sale of products for use and
consumption outside the state;
(2) The value of products or gross proceeds of the sales
exempt from tax under RCW 82.04.330; or
(3) The sale of products for resale by a qualified
grocery distribution cooperative to customer-owners of the
grocery distribution cooperative. For the purposes of this
section, "qualified grocery distribution cooperative" and "customer-owner" have the meanings given in RCW 82.04.298.
[2001 1st sp.s. c 9 § 7; (2001 1st sp.s. c 9 § 8 expired July
22, 2001); 2001 c 118 § 7; 1992 c 175 § 7; 1971 ex.s. c 307
§ 17. Formerly RCW 70.93.170.]
(2002 Ed.)
82.19.020
Effective dates—2001 1st sp.s. c 9: See note following RCW
82.04.298.
Expiration dates—2001 1st sp.s. c 9: See note following RCW
82.04.290.
82.19.900 Effective date—1992 c 175. This act shall
take effect July 1, 1992. [1992 c 175 § 11.]
Chapter 82.21
HAZARDOUS SUBSTANCE TAX—MODEL TOXICS
CONTROL ACT
Sections
82.21.010
82.21.020
82.21.030
82.21.040
82.21.050
82.21.900
82.21.905
82.21.910
82.21.915
82.21.920
82.21.921
Intent of pollution tax.
Definitions.
Pollution tax.
Exemptions.
Credits.
Short title—1989 c 2.
Captions—1989 c 2.
Construction—1989 c 2.
Existing agreements—1989 c 2.
Effective date—1989 c 2.
Severability—1989 c 2.
82.21.010 Intent of pollution tax. It is the intent of
this chapter to impose a tax only once for each hazardous
substance possessed in this state and to tax the first possession of all hazardous substances, including substances and
products that the department of ecology determines to
present a threat to human health or the environment.
However, it is not intended to impose a tax on the first
possession of small amounts of any hazardous substance
(other than petroleum and pesticide products) that is first
possessed by a retailer for the purpose of sale to ultimate
consumers. This chapter is not intended to exempt any person from tax liability under any other law. [1989 c 2 § 8
(Initiative Measure No. 97, approved November 8, 1988).]
82.21.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Hazardous substance" means:
(a) Any substance that, on March 1, 2002, is a hazardous substance under section 101(14) of the federal comprehensive environmental response, compensation, and liability
act of 1980, 42 U.S.C. Sec. 9601(14), as amended by Public
Law 99-499 on October 17, 1986, except that hazardous
substance does not include the following noncompound
metals when in solid form in a particle larger than one
hundred micrometers (0.004 inches) in diameter: Antimony,
arsenic, beryllium, cadmium, chromium, copper, lead, nickel,
selenium, silver, thallium, or zinc;
(b) Petroleum products;
(c) Any pesticide product required to be registered under
section 136a of the federal insecticide, fungicide and
rodenticide act, 7 U.S.C. Sec. 136 et seq., as amended by
Public Law 104-170 on August 3, 1996; and
(d) Any other substance, category of substance, and any
product or category of product determined by the director of
ecology by rule to present a threat to human health or the
environment if released into the environment. The director
of ecology shall not add or delete substances from this
[Title 82 RCW—page 133]
82.21.020
Title 82 RCW: Excise Taxes
definition more often than twice during each calendar year.
For tax purposes, changes in this definition shall take effect
on the first day of the next month that is at least thirty days
after the effective date of the rule. The word "product" or
"products" as used in this paragraph (d) means an item or
items containing both: (i) One or more substances that are
hazardous substances under (a), (b), or (c) of this subsection
or that are substances or categories of substances determined
under this paragraph (d) to present a threat to human health
or the environment if released into the environment; and (ii)
one or more substances that are not hazardous substances.
(2) "Petroleum product" means plant condensate,
lubricating oil, gasoline, aviation fuel, kerosene, diesel motor
fuel, benzol, fuel oil, residual oil, liquefied or liquefiable
gases such as butane, ethane, and propane, and every other
product derived from the refining of crude oil, but the term
does not include crude oil.
(3) "Possession" means the control of a hazardous
substance located within this state and includes both actual
and constructive possession. "Actual possession" occurs
when the person with control has physical possession. "Constructive possession" occurs when the person with control
does not have physical possession. "Control" means the
power to sell or use a hazardous substance or to authorize
the sale or use by another.
(4) "Previously taxed hazardous substance" means a
hazardous substance in respect to which a tax has been paid
under this chapter and which has not been remanufactured or
reprocessed in any manner (other than mere repackaging or
recycling for beneficial reuse) since the tax was paid.
(5) "Wholesale value" means fair market wholesale
value, determined as nearly as possible according to the
wholesale selling price at the place of use of similar substances of like quality and character, in accordance with
rules of the department.
(6) Except for terms defined in this section, the definitions in chapters 82.04, 82.08, and 82.12 RCW apply to this
chapter. [2002 c 105 § 1; 1989 c 2 § 9 (Initiative Measure
No. 97, approved November 8, 1988).]
Effective date—2002 c 105: "This act takes effect July 1, 2002."
[2002 c 105 § 2.]
82.21.030 Pollution tax. (1) A tax is imposed on the
privilege of possession of hazardous substances in this state.
The rate of the tax shall be seven-tenths of one percent
multiplied by the wholesale value of the substance.
(2) Moneys collected under this chapter shall be
deposited in the toxics control accounts under RCW
70.105D.070.
(3) Chapter 82.32 RCW applies to the tax imposed in
this chapter. The tax due dates, reporting periods, and return
requirements applicable to chapter 82.04 RCW apply equally
to the tax imposed in this chapter. [1989 c 2 § 10 (Initiative
Measure No. 97, approved November 8, 1988).]
82.21.040 Exemptions. The following are exempt
from the tax imposed in this chapter:
(1) Any successive possession of a previously taxed
hazardous substance. If tax due under this chapter has not
been paid with respect to a hazardous substance, the department may collect the tax from any person who has had
[Title 82 RCW—page 134]
possession of the hazardous substance. If the tax is paid by
any person other than the first person having taxable
possession of a hazardous substance, the amount of tax paid
shall constitute a debt owed by the first person having
taxable possession to the person who paid the tax.
(2) Any possession of a hazardous substance by a
natural person under circumstances where the substance is
used, or is to be used, for a personal or domestic purpose
(and not for any business purpose) by that person or a
relative of, or person residing in the same dwelling as, that
person.
(3) Any possession of a hazardous substance amount
which is determined as minimal by the department of
ecology and which is possessed by a retailer for the purpose
of making sales to ultimate consumers. This exemption does
not apply to pesticide or petroleum products.
(4) Any possession of alumina or natural gas.
(5) Persons or activities which the state is prohibited
from taxing under the United States Constitution.
(6) Any persons possessing a hazardous substance where
such possession first occurred before March 1, 1989. [1989
c 2 § 11 (Initiative Measure No. 97, approved November 8,
1988).]
82.21.050 Credits. (1) Credit shall be allowed in
accordance with rules of the department of revenue for taxes
paid under this chapter with respect to fuel carried from this
state in the fuel tank of any airplane, ship, truck, or other
vehicle.
(2) Credit shall be allowed, in accordance with rules of
the department, against the taxes imposed in this chapter for
any hazardous substance tax paid to another state with
respect to the same hazardous substance. The amount of the
credit shall not exceed the tax liability arising under this
chapter with respect to that hazardous substance. For the
purpose of this subsection:
(a) "Hazardous substance tax" means a tax:
(i) Which is imposed on the act or privilege of possessing hazardous substances, and which is not generally
imposed on other activities or privileges; and
(ii) Which is measured by the value of the hazardous
substance, in terms of wholesale value or other terms, and in
the determination of which the deductions allowed would not
constitute the tax an income tax or value added tax.
(b) "State" means (i) the state of Washington, (ii) a state
of the United States other than Washington, or any political
subdivision of such other state, (iii) the District of Columbia,
and (iv) any foreign country or political subdivision thereof.
[1989 c 2 § 12 (Initiative Measure No. 97, approved November 8, 1988).]
82.21.900
70.105D.900.
Short title—1989 c 2. See RCW
82.21.905
70.105D.905.
Captions—1989 c 2. See RCW
82.21.910
70.105D.910.
Construction—1989 c 2. See RCW
(2002 Ed.)
Hazardous Substance Tax—Model Toxics Control Act
82.21.915 Existing agreements—1989 c 2. See RCW
70.105D.915.
82.21.920
70.105D.920.
Effective date—1989 c 2. See RCW
82.21.921
70.105D.921.
Severability—1989 c 2. See RCW
Chapter 82.23A
PETROLEUM PRODUCTS—UNDERGROUND
STORAGE TANK PROGRAM FUNDING
(Formerly: Tax on petroleum products)
Sections
82.23A.005
82.23A.010
82.23A.020
82.23A.030
82.23A.040
82.23A.900
82.23A.901
82.23A.902
Intent.
Definitions.
Tax imposed—Revenue to be used for underground petroleum storage tank programs.
Exemptions from tax.
Credit authorized.
Effective date—1989 c 383.
Severability—1989 c 383.
Expiration date—1996 c 88.
82.23A.005 Intent. (Expires June 1, 2007.) It is the
intent of this chapter to impose a tax only once for each
petroleum product possessed in this state and to tax the first
possession of all petroleum products. This chapter is not
intended to exempt any person from tax liability under any
other law. [1989 c 383 § 14.]
82.23A.010 Definitions. (Expires June 1, 2007.)
Unless the context clearly requires otherwise, the definitions
in this section apply throughout this chapter.
(1) "Petroleum product" means plant condensate,
lubricating oil, gasoline, aviation fuel, kerosene, diesel motor
fuel, benzol, fuel oil, residual oil, liquefied or liquefiable
gases such as butane, ethane, and propane, and every other
product derived from the refining of crude oil, but the term
does not include crude oil.
(2) "Possession" means the control of a petroleum
product located within this state and includes both actual and
constructive possession. "Actual possession" occurs when
the person with control has physical possession. "Constructive possession" occurs when the person with control does
not have physical possession. "Control" means the power to
sell or use a petroleum product or to authorize the sale or
use by another.
(3) "Previously taxed petroleum product" means a
petroleum product in respect to which a tax has been paid
under this chapter and that has not been remanufactured or
reprocessed in any manner (other than mere repackaging or
recycling for beneficial reuse) since the tax was paid.
(4) "Wholesale value" means fair market wholesale
value, determined as nearly as possible according to the
wholesale selling price at the place of use of similar products
of like quality and character, in accordance with rules of the
department.
(5) Except for terms defined in this section, the definitions in chapters 82.04, 82.08, and 82.12 RCW apply to this
chapter. [1989 c 383 § 15.]
(2002 Ed.)
82.21.915
82.23A.020 Tax imposed—Revenue to be used for
underground petroleum storage tank programs. (Expires
June 1, 2007.) (1) A tax is imposed on the privilege of
possession of petroleum products in this state. The rate of
the tax shall be fifty one-hundredths of one percent multiplied by the wholesale value of the petroleum product.
(2) Moneys collected under this chapter shall be
deposited in the pollution liability insurance program trust
account under RCW 70.148.020.
(3) Chapter 82.32 RCW applies to the tax imposed in
this chapter. The tax due dates, reporting periods, and return
requirements applicable to chapter 82.04 RCW apply equally
to the tax imposed in this chapter.
(4) Within thirty days after the end of each calendar
quarter the department shall determine the "quarterly
balance," which shall be the cash balance in the pollution
liability insurance program trust account as of the last day of
that calendar quarter, after excluding the reserves determined
for that quarter under RCW 70.148.020 (2) and (3). Balance
determinations by the department under this section are final
and shall not be used to challenge the validity of any tax
imposed under this section. For each subsequent calendar
quarter, tax shall be imposed under this section during the
entire calendar quarter unless:
(a) Tax was imposed under this section during the
immediately preceding calendar quarter, and the most recent
quarterly balance is more than fifteen million dollars; or
(b) Tax was not imposed under this section during the
immediately preceding calendar quarter, and the most recent
quarterly balance is more than seven million five hundred
thousand dollars. [1991 c 4 § 8; 1990 c 64 § 12; 1989 c 383
§ 16.]
Severability—1991 c 4: See note following RCW 70.148.120.
82.23A.030 Exemptions from tax. (Expires June 1,
2007.) The following are exempt from the tax imposed in
this chapter:
(1) Any successive possession of a previously taxed
petroleum product. If tax due under this chapter has not
been paid with respect to a petroleum product, the department may collect the tax from any person who has had
possession of the petroleum product. If the tax is paid by
any person other than the first person having taxable possession of a petroleum product, the amount of tax paid shall
constitute a debt owed by the first person having taxable
possession to the person who paid the tax.
(2) Any possession of a petroleum product by a natural
person under circumstances where the substance is used, or
is to be used, for a personal or domestic purpose (and not
for any business purpose) by that person or a relative of, or
person residing in the same dwelling as, that person.
(3) Persons or activities which the state is prohibited
from taxing under the United States Constitution.
(4) Any persons possessing a petroleum product where
such possession first occurred before July 1, 1989.
(5) Any possession of (a) natural gas, (b) petroleum
coke, or (c) liquid fuel or fuel gas used in petroleum
processing.
(6) Any possession of petroleum products that are
exported for use or sale outside this state as fuel.
[Title 82 RCW—page 135]
82.23A.030
Title 82 RCW: Excise Taxes
(7) Any possession of petroleum products packaged for
sale to ultimate consumers. [1989 c 383 § 17.]
82.23A.040 Credit authorized. (Expires June 1,
2007.) (1) Credit shall be allowed in accordance with rules
of the department of revenue for taxes paid under this
chapter with respect to fuel carried from this state in the fuel
tank of any airplane, ship, truck, or other vehicle.
(2) Credit shall be allowed, in accordance with rules of
the department, against the taxes imposed in this chapter for
any petroleum product tax paid to another state with respect
to the same petroleum product. The amount of the credit
shall not exceed the tax liability arising under this chapter
with respect to that petroleum product. For the purpose of
this subsection:
(a) "Petroleum product tax" means a tax:
(i) That is imposed on the act or privilege of possessing
petroleum products, and that is not generally imposed on
other activities or privileges; and
(ii) That is measured by the value of the petroleum
product, in terms of wholesale value or other terms, and in
the determination of which the deductions allowed would not
constitute the tax an income tax or value added tax.
(b) "State" means (i) a state of the United States other
than Washington, or any political subdivision of such other
state, (ii) the District of Columbia, and (iii) any foreign
country or political subdivision thereof. [1989 c 383 § 18.]
82.23A.900 Effective date—1989 c 383. (Expires
June 1, 2007.) This act is necessary for the immediate
preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions,
and shall take effect immediately, except RCW 82.23A.005
through 82.23A.040 shall take effect July 1, 1989. [1989 c
383 § 22.]
82.23A.901
70.148.901.
Severability—1989 c 383. See RCW
82.23A.902 Expiration date—1996 c 88. This
chapter shall expire on June 1, 2007, coinciding with the
expiration of chapter 70.148 RCW. [2000 c 16 § 3; 1996 c
88 § 3.]
Chapter 82.23B
OIL SPILL RESPONSE TAX
Sections
82.23B.010
82.23B.020
82.23B.030
82.23B.040
82.23B.045
82.23B.050
82.23B.060
82.23B.900
82.23B.901
82.23B.902
Definitions.
Oil spill response tax—Oil spill administration tax.
Exemption.
Credit—Crude oil or petroleum exported or sold for export.
Refund or credit—Petroleum products used by consumers
for nonfuel purpose or used in manufacture of nonfuel
item.
Rules.
Imposition of taxes.
Effective dates—Severability—1991 c 200.
Savings—1992 c 73.
Effective dates—1992 c 73.
[Title 82 RCW—page 136]
82.23B.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Barrel" means a unit of measurement of volume
equal to forty-two United States gallons of crude oil or
petroleum product.
(2) "Crude oil" means any naturally occurring liquid
hydrocarbons at atmospheric temperature and pressure
coming from the earth, including condensate and natural
gasoline.
(3) "Department" means the department of revenue.
(4) "Marine terminal" means a facility of any kind, other
than a waterborne vessel, that is used for transferring crude
oil or petroleum products to or from a waterborne vessel or
barge.
(5) "Navigable waters" means those waters of the state
and their adjoining shorelines that are subject to the ebb and
flow of the tide, including the Columbia and Snake rivers.
(6) "Person" has the meaning provided in RCW
82.04.030.
(7) "Petroleum product" means any liquid hydrocarbons
at atmospheric temperature and pressure that are the product
of the fractionation, distillation, or other refining or processing of crude oil, and that are used as, useable as, or may be
refined as a fuel or fuel blendstock, including but not limited
to, gasoline, diesel fuel, aviation fuel, bunker fuel, and fuels
containing a blend of alcohol and petroleum.
(8) "Taxpayer" means the person owning crude oil or
petroleum products immediately after receipt of the same
into the storage tanks of a marine terminal in this state from
a waterborne vessel or barge and who is liable for the taxes
imposed by this chapter.
(9) "Waterborne vessel or barge" means any ship, barge,
or other watercraft capable of travelling on the navigable
waters of this state and capable of transporting any crude oil
or petroleum product in quantities of ten thousand gallons or
more for purposes other than providing fuel for its motor or
engine. [1992 c 73 § 6; 1991 c 200 § 801.]
Severability—1992 c 73: See RCW 90.56.905.
82.23B.020 Oil spill response tax—Oil spill administration tax. (1) An oil spill response tax is imposed on the
privilege of receiving crude oil or petroleum products at a
marine terminal within this state from a waterborne vessel or
barge operating on the navigable waters of this state. The
tax imposed in this section is levied upon the owner of the
crude oil or petroleum products immediately after receipt of
the same into the storage tanks of a marine terminal from a
waterborne vessel or barge at the rate of one cent per barrel
of crude oil or petroleum product received.
(2) In addition to the tax imposed in subsection (1) of
this section, an oil spill administration tax is imposed on the
privilege of receiving crude oil or petroleum products at a
marine terminal within this state from a waterborne vessel or
barge operating on the navigable waters of this state. The
tax imposed in this section is levied upon the owner of the
crude oil or petroleum products immediately after receipt of
the same into the storage tanks of a marine terminal from a
waterborne vessel or barge at the rate of four cents per
barrel of crude oil or petroleum product.
(2002 Ed.)
Oil Spill Response Tax
(3) The taxes imposed by this chapter shall be collected
by the marine terminal operator from the taxpayer. If any
person charged with collecting the taxes fails to bill the
taxpayer for the taxes, or in the alternative has not notified
the taxpayer in writing of the imposition of the taxes, or
having collected the taxes, fails to pay them to the department in the manner prescribed by this chapter, whether such
failure is the result of the person’s own acts or the result of
acts or conditions beyond the person’s control, he or she
shall, nevertheless, be personally liable to the state for the
amount of the taxes. Payment of the taxes by the owner to
a marine terminal operator shall relieve the owner from
further liability for the taxes.
(4) Taxes collected under this chapter shall be held in
trust until paid to the department. Any person collecting the
taxes who appropriates or converts the taxes collected shall
be guilty of a gross misdemeanor if the money required to
be collected is not available for payment on the date payment is due. The taxes required by this chapter to be
collected shall be stated separately from other charges made
by the marine terminal operator in any invoice or other
statement of account provided to the taxpayer.
(5) If a taxpayer fails to pay the taxes imposed by this
chapter to the person charged with collection of the taxes
and the person charged with collection fails to pay the taxes
to the department, the department may, in its discretion,
proceed directly against the taxpayer for collection of the
taxes.
(6) The taxes shall be due from the marine terminal
operator, along with reports and returns on forms prescribed
by the department, within twenty-five days after the end of
the month in which the taxable activity occurs.
(7) The amount of taxes, until paid by the taxpayer to
the marine terminal operator or to the department, shall
constitute a debt from the taxpayer to the marine terminal
operator. Any person required to collect the taxes under this
chapter who, with intent to violate the provisions of this
chapter, fails or refuses to do so as required and any
taxpayer who refuses to pay any taxes due under this
chapter, shall be guilty of a misdemeanor as provided in
chapter 9A.20 RCW.
(8) Upon prior approval of the department, the taxpayer
may pay the taxes imposed by this chapter directly to the
department. The department shall give its approval for
direct payment under this section whenever it appears, in the
department’s judgment, that direct payment will enhance the
administration of the taxes imposed under this chapter. The
department shall provide by rule for the issuance of a direct
payment certificate to any taxpayer qualifying for direct
payment of the taxes. Good faith acceptance of a direct
payment certificate by a terminal operator shall relieve the
marine terminal operator from any liability for the collection
or payment of the taxes imposed under this chapter.
(9) All receipts from the tax imposed in subsection (1)
of this section shall be deposited into the state oil spill
response account. All receipts from the tax imposed in
subsection (2) of this section shall be deposited into the oil
spill prevention account.
(10) Within forty-five days after the end of each
calendar quarter, the office of financial management shall
determine the balance of the oil spill response account as of
the last day of that calendar quarter. Balance determinations
(2002 Ed.)
82.23B.020
by the office of financial management under this section are
final and shall not be used to challenge the validity of any
tax imposed under this chapter. The office of financial
management shall promptly notify the departments of
revenue and ecology of the account balance once a determination is made. For each subsequent calendar quarter, the
tax imposed by subsection (1) of this section shall be
imposed during the entire calendar quarter unless:
(a) Tax was imposed under subsection (1) of this section
during the immediately preceding calendar quarter, and the
most recent quarterly balance is more than nine million
dollars; or
(b) Tax was not imposed under subsection (1) of this
section during the immediately preceding calendar quarter,
and the most recent quarterly balance is more than eight
million dollars. [2000 c 69 § 25; 1999 sp.s. c 7 § 1; 1997
c 449 § 2; 1995 c 399 § 214; 1992 c 73 § 7; 1991 c 200 §
802.]
Effective date—1999 sp.s. c 7: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 7, 1999]." [1999 sp.s. c 7 § 4.]
Effective date—1997 c 449: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1997." [1997 c 449 § 6.]
Severability—1992 c 73: See RCW 90.56.905.
82.23B.030 Exemption. The taxes imposed under this
chapter shall only apply to the first receipt of crude oil or
petroleum products at a marine terminal in this state and not
to the later transporting and subsequent receipt of the same
oil or petroleum product, whether in the form originally
received at a marine terminal in this state or after refining or
other processing. [1992 c 73 § 9; 1991 c 200 § 803.]
Severability—1992 c 73: See RCW 90.56.905.
82.23B.040 Credit—Crude oil or petroleum exported or sold for export. Credit shall be allowed against the
taxes imposed under this chapter for any crude oil or
petroleum products received at a marine terminal and
subsequently exported from or sold for export from the state.
[1992 c 73 § 10; 1991 c 200 § 804.]
Severability—1992 c 73: See RCW 90.56.905.
82.23B.045 Refund or credit—Petroleum products
used by consumers for nonfuel purpose or used in
manufacture of nonfuel item. (1) Any person having paid
the tax imposed by this chapter who uses petroleum products
as a consumer for a purpose other than as a fuel may claim
refund or credit against the tax imposed under this chapter.
For this purpose, the term consumer shall be defined as
provided in RCW 82.04.190.
(2) Any person having paid the tax imposed by this
chapter who uses petroleum products as a component or
ingredient in the manufacture of an item which is not a fuel
may claim a refund or credit against the tax imposed by this
chapter.
(3) The amount of refund or credit claimed under this
section may not exceed the amount of tax paid by the person
making such claim on the petroleum products so consumed
or used. The refund or credit allowed by this section shall
[Title 82 RCW—page 137]
82.23B.045
Title 82 RCW: Excise Taxes
be claimed on such forms and subject to such requirements
as the department may prescribe by rule. [1992 c 73 § 8.]
Severability—1992 c 73: See RCW 90.56.905.
82.23B.050 Rules. The department shall adopt such
rules as may be necessary to enforce and administer the
provisions of this chapter. Chapter 82.32 RCW applies to
the administration, collection, and enforcement of the taxes
levied under this chapter. [1991 c 200 § 808.]
82.23B.060 Imposition of taxes. The taxes imposed
in this chapter shall take effect October 1, 1991. [1991 c
200 § 809.]
82.23B.900 Effective dates—Severability—1991 c
200. See RCW 90.56.901 and 90.56.904.
82.23B.901 Savings—1992 c 73. The amendment of
RCW 82.23B.010, 82.23B.020, 82.23B.030, and 82.23B.040
by chapter 73, Laws of 1992, shall not be construed as
affecting any existing right acquired or liability or obligation
incurred under the sections or under any rule or order
adopted under the sections, nor as affecting any proceeding
instituted under the sections. [1992 c 73 § 44.]
82.23B.902 Effective dates—1992 c 73. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[March 26, 1992], except sections 6, 7, 9, and 10 of this act
shall take effect October 1, 1992. [1992 c 73 § 46.]
Chapter 82.24
TAX ON CIGARETTES
Sections
82.24.010
82.24.020
82.24.027
82.24.028
82.24.030
82.24.035
82.24.040
82.24.050
82.24.060
82.24.080
82.24.090
82.24.100
82.24.110
82.24.120
82.24.130
82.24.135
82.24.140
82.24.145
82.24.180
82.24.190
82.24.210
82.24.230
82.24.235
82.24.250
Definitions.
Tax imposed—Additional taxes for specific purposes—
Absorption of tax—Possession defined.
Additional tax imposed—Rate—Where deposited.
Additional tax imposed—Rate—Health services account.
Stamps.
Circumstances when no stamp may be affixed—Violation of
consumer protection act.
Duty of wholesaler.
Retailer—Possession of unstamped cigarettes.
Stamps—How affixed.
Legislative intent—Taxable event—Tax liability.
Records—Preservation—Reports.
Forgery or counterfeiting of stamps—Penalty.
Other offenses—Penalties.
Violations—Penalties and interest.
Seizure and forfeiture.
Forfeiture procedure.
Forfeiture procedure—Seizures—Notice—Claimant’s bond—
Court proceedings.
Forfeited property—Retention, sale, or destruction—Use of
sale proceeds.
Seized property may be returned—Penalty, interest.
Search and seizure.
Redemption of stamps.
Administration.
Rules.
Transportation of unstamped cigarettes—Invoices and delivery tickets required—Stop and inspect.
[Title 82 RCW—page 138]
82.24.260
Selling or disposal of unstamped cigarettes—Person to pay
and remit tax or affix stamps—Liability.
82.24.270 Cigarettes given away—Stamp not required—Payment of
tax—Interest—Payment of amount less than due—
Penalties—Administration.
82.24.280 Liability from tax increase—Interest and penalties on unpaid
tax—Administration.
82.24.290 Exceptions—Federal instrumentalities and purchasers from
federal instrumentalities.
82.24.295 Exceptions—Sales by Indian retailer under cigarette tax
contract.
82.24.500 Business of cigarette purchase, sale, consignment, or distribution—License required—Penalty.
82.24.510 Wholesaler’s and retailer’s licenses—Application and issuance—Criminal background check.
82.24.520 Wholesaler’s license—Fee—Display of license—Bond.
82.24.530 Retailer’s license—Vending machines.
82.24.540 Licensee to operate within scope of license—Penalty.
82.24.550 Enforcement—Rules—Notice—Hearing—Reinstatement of
license—Appeal.
82.24.551 Enforcement—Appointment of officers of liquor control
board.
82.24.560 Fees and penalties credited to general fund.
82.24.900 Construction—1961 c 15.
Minors: Chapter 70.155 RCW.
82.24.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Board" means the liquor control board.
(2) "Cigarette" means any roll for smoking made wholly
or in part of tobacco, irrespective of size or shape and
irrespective of the tobacco being flavored, adulterated, or
mixed with any other ingredient, where such roll has a
wrapper or cover made of paper or any material, except
where such wrapper is wholly or in the greater part made of
natural leaf tobacco in its natural state.
(3) "Indian tribal organization" means a federally
recognized Indian tribe, or tribal entity, and includes an
Indian wholesaler or retailer that is owned by an Indian who
is an enrolled tribal member conducting business under tribal
license or similar tribal approval within Indian country. For
purposes of this chapter "Indian country" is defined in the
manner set forth in 18 U.S.C. Sec. 1151.
(4) "Precollection obligation" means the obligation of a
seller otherwise exempt from the tax imposed by this chapter
to collect the tax from that seller’s buyer.
(5) "Retailer" means every person, other than a wholesaler, who purchases, sells, offers for sale or distributes any
one or more of the articles taxed herein, irrespective of
quantity or amount, or the number of sales, and all persons
operating under a retailer’s registration certificate.
(6) "Retail selling price" means the ordinary, customary
or usual price paid by the consumer for each package of
cigarettes, less the tax levied by this chapter and less any
similar tax levied by this state.
(7) "Stamp" means the stamp or stamps by use of which
the tax levy under this chapter is paid or identification is
made of those cigarettes with respect to which no tax is
imposed.
(8) "Wholesaler" means every person who purchases,
sells, or distributes any one or more of the articles taxed
herein to retailers for the purpose of resale only.
(9) The meaning attributed, in chapter 82.04 RCW, to
the words "person," "sale," "business" and "successor"
applies equally in this chapter. [1997 c 420 § 3; 1995 c 278
(2002 Ed.)
Tax on Cigarettes
§ 1; 1961 c 15 § 82.24.010. Prior: 1959 c 270 § 9; 1949 c
228 § 14; 1935 c 180 § 83; Rem. Supp. 1949 § 8370-83.]
Effective date—1995 c 278: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 278 § 17.]
82.24.020 Tax imposed—Additional taxes for
specific purposes—Absorption of tax—Possession defined.
(1) There is levied and there shall be collected as provided
in this chapter, a tax upon the sale, use, consumption,
handling, possession or distribution of all cigarettes, in an
amount equal to the rate of eleven and one-half mills per
cigarette.
(2) An additional tax is imposed upon the sale, use,
consumption, handling, possession, or distribution of all
cigarettes, in an amount equal to the rate of five and onefourth mills per cigarette. All revenues collected during any
month from this additional tax shall be deposited in the
violence reduction and drug enforcement account under
RCW 69.50.520 by the twenty-fifth day of the following
month.
(3) An additional tax is imposed upon the sale, use,
consumption, handling, possession, or distribution of all
cigarettes, in an amount equal to the rate of ten mills per
cigarette through June 30, 1994, eleven and one-fourth mills
per cigarette for the period July 1, 1994, through June 30,
1995, twenty mills per cigarette for the period July 1, 1995,
through June 30, 1996, and twenty and one-half mills per
cigarette thereafter. All revenues collected during any month
from this additional tax shall be deposited in the health
services account created under RCW 43.72.900 by the
twenty-fifth day of the following month.
(4) Wholesalers and retailers subject to the payment of
this tax may, if they wish, absorb one-half mill per cigarette
of the tax and not pass it on to purchasers without being in
violation of this section or any other act relating to the sale
or taxation of cigarettes.
(5) For purposes of this chapter, "possession" shall mean
both (a) physical possession by the purchaser and, (b) when
cigarettes are being transported to or held for the purchaser
or his or her designee by a person other than the purchaser,
constructive possession by the purchaser or his or her
designee, which constructive possession shall be deemed to
occur at the location of the cigarettes being so transported or
held. [1994 sp.s. c 7 § 904 (Referendum Bill No. 43,
approved November 8, 1994); 1993 c 492 § 307; 1989 c 271
§ 504; 1987 c 80 § 1; 1983 2nd ex.s. c 3 § 15; 1982 1st
ex.s. c 35 § 8; 1981 c 172 § 6; 1972 ex.s. c 157 § 3; 1971
ex.s. c 299 § 13; 1965 ex.s. c 173 § 23; 1961 ex.s. c 24 § 3;
1961 c 15 § 82.24.020. Prior: 1959 c 270 § 2; prior: 1949
c 228 § 13, part; 1943 c 156 § 11, part; 1941 c 178 § 13,
part; 1939 c 225 § 23, part; 1935 c 180 § 82, part; Rem.
Supp. 1949 § 8370-82, part.]
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See
note following RCW 66.24.210.
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
(2002 Ed.)
82.24.010
Effective dates—1989 c 271: See note following RCW 66.28.200.
Severability—1989 c 271: See note following RCW 9.94A.510.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Severability—1972 ex.s. c 157: "If any provision of this 1972
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of this 1972 amendatory act, or the application of the
provision to other persons or circumstances is not affected." [1972 ex.s. c
157 § 8.]
82.24.027 Additional tax imposed—Rate—Where
deposited. (1) There is hereby levied and there shall be
collected by the department of revenue from the persons
mentioned in and in the manner provided by this chapter, an
additional tax upon the sale, use, consumption, handling,
possession, or distribution of cigarettes in an amount equal
to the rate of four mills per cigarette.
(2) The moneys collected under this section shall be
deposited as follows:
(a) For the period ending July 1, 1999, in the water
quality account under RCW 70.146.030;
(b) For the period beginning July 1, 1999, through June
30, 2001, fifty percent into the violence reduction and drug
enforcement account under RCW 69.50.520 and fifty percent
into the salmon recovery account;
(c) For the period beginning July 1, 2001, through June
30, 2021, into the water quality account under RCW
70.146.030; and
(d) For the period beginning July 1, 2021, in the general
fund. [1999 c 309 § 925; 1986 c 3 § 12.]
Severability—Effective date—1999 c 309: See notes following
RCW 41.06.152.
Effective dates—1986 c 3: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect
immediately except sections 12 through 15 of this act shall take effect April
1, 1986." [1986 c 3 § 18.]
Severability—1986 c 3: See RCW 70.146.900.
82.24.028 Additional tax imposed—Rate—Health
services account. In addition to the tax imposed upon the
sale, use, consumption, handling, possession, or distribution
of cigarettes set forth in RCW 82.24.020, there is imposed
a tax in an amount equal to the rate of thirty mills per
cigarette effective January 1, 2002. All revenues collected
during any month from this additional tax shall be deposited
in the health services account created under RCW 43.72.900
by the twenty-fifth day of the following month. [2002 c 2
§ 3 (Initiative Measure No. 773, approved November 6,
2001).]
Intent—2002 c 2 (Initiative Measure No. 773): See RCW
70.47.002.
82.24.030 Stamps. (1) In order to enforce collection
of the tax hereby levied, the department of revenue shall
design and have printed stamps of such size and denominations as may be determined by the department. The stamps
must be affixed on the smallest container or package that
will be handled, sold, used, consumed, or distributed, to
permit the department to readily ascertain by inspection,
[Title 82 RCW—page 139]
82.24.030
Title 82 RCW: Excise Taxes
whether or not such tax has been paid or whether an
exemption from the tax applies.
(2) Except as otherwise provided in this chapter, every
person shall cause to be affixed on every package of
cigarettes, stamps of an amount equaling the tax due thereon
or stamps identifying the cigarettes as exempt before he or
she sells, offers for sale, uses, consumes, handles, removes,
or otherwise disturbs and distributes the same: PROVIDED,
That where it is established to the satisfaction of the department that it is impractical to affix such stamps to the
smallest container or package, the department may authorize
the affixing of stamps of appropriate denomination to a large
container or package. [1995 c 278 § 2; 1990 c 216 § 1;
1975 1st ex.s. c 278 § 61; 1961 c 15 § 82.24.030. Prior:
1959 c 270 § 3; prior: 1949 c 228 § 13, part; 1943 c 156 §
11, part; 1941 c 178 § 13, part; 1939 c 225 § 23, part; 1935
c 180 § 82, part; Rem. Supp. 1949 § 8370-82, part.]
Effective date—1995 c 278: See note following RCW 82.24.010.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.24.035 Circumstances when no stamp may be
affixed—Violation of consumer protection act. (1) No
stamp may be affixed to, or made upon, any container or
package of cigarettes if:
(a) The container or package differs in any respect with
the requirements of the federal cigarette labeling and
advertising act (15 U.S.C. Sec. 1331 et seq.) for the placement of labels, warnings, or any other information upon a
package of cigarettes that is to be sold within the United
States;
(b) The container or package has been imported into the
United States after January 1, 2000, in violation of 26 U.S.C.
Sec. 5754;
(c) The container or package, including a container of
individually stamped containers or packages, is labeled "For
Export Only," "U.S. Tax Exempt," "For Use Outside U.S.,"
or similar wording indicating that the manufacturer did not
intend that the product be sold in the United States; or
(d) The container or package has been altered by adding
or deleting the wording, labels, or warnings described in (a)
or (c) of this subsection.
(2) In addition to the penalty and forfeiture provisions
otherwise provided for in this chapter, a violation of this
section is a deceptive act or practice under the consumer
protection act, chapter 19.86 RCW. [1999 c 193 § 5.]
Intent—Finding—1999 c 193: "(1) Cigarette smoking presents
serious public health concerns to the state and to the citizens of the state.
The surgeon general has determined that smoking causes lung cancer, heart
disease, and other serious diseases and that there are hundreds of thousands
of tobacco-related deaths in the United States each year. These diseases
most often do not appear until many years after the person in question
begins smoking.
(2) It is the policy of the state that consumers be adequately informed
about the adverse health effects of cigarette smoking by including warning
notices on each package of cigarettes.
(3) It is the policy of the state that manufacturers and importers of
cigarettes not make any material misrepresentation of fact regarding the
health consequences of using cigarettes, including compliance with
applicable federal laws, regulations, and policies.
(4) It is the intent of the legislature to align state law with federal
laws, regulations, and policies relating to the manufacture, importation, and
marketing of cigarettes, and in particular, the federal cigarette labeling and
advertising act (15 U.S.C. Sec. 1331 et seq.) and 26 U.S.C. Sec. 5754.
[Title 82 RCW—page 140]
(5) The legislature finds that consumers and retailers purchasing
cigarettes are entitled to be fully informed about any adverse health effects
of cigarette smoking by inclusion of warning notices on each package of
cigarettes and to be assured through appropriate enforcement measures that
cigarettes they purchase were manufactured for consumption within the
United States." [1999 c 193 § 1.]
Severability—1999 c 193: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1999 c 193 § 6.]
Effective date—1999 c 193: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 5, 1999]." [1999 c 193 § 7.]
82.24.040 Duty of wholesaler. (1) No wholesaler in
this state may possess within this state unstamped cigarettes
except that:
(a) Every wholesaler in the state who is licensed under
Washington state law may possess within this state unstamped cigarettes for such period of time after receipt as is
reasonably necessary to affix the stamps as required; and
(b) Any wholesaler in the state who is licensed under
Washington state law and who furnishes a surety bond in a
sum satisfactory to the department, shall be permitted to set
aside, without affixing the stamps required by this chapter,
such part of the wholesaler’s stock as may be necessary for
the conduct of the wholesaler’s business in making sales to
persons in another state or foreign country or to instrumentalities of the federal government. Such unstamped stock
shall be kept separate and apart from stamped stock.
(2) Every wholesaler licensed under Washington state
law shall, at the time of shipping or delivering any of the
articles taxed herein to a point outside of this state or to a
federal instrumentality, make a true duplicate invoice of the
same which shall show full and complete details of the sale
or delivery, whether or not stamps were affixed thereto, and
shall transmit such true duplicate invoice to the department,
at Olympia, not later than the fifteenth day of the following
calendar month. For failure to comply with the requirements
of this section, the department may revoke the permission
granted to the taxpayer to maintain a stock of goods to
which the stamps required by this chapter have not been
affixed.
(3) Every wholesaler who is licensed by Washington
state law shall sell cigarettes to retailers located in Washington only if the retailer has a current cigarette retailer’s
license or is an Indian tribal organization authorized to
possess untaxed cigarettes under this chapter and the rules
adopted by the department. [1995 c 278 § 3; 1990 c 216 §
2; 1969 ex.s. c 214 § 1; 1961 c 15 § 82.24.040. Prior:
1959 c 270 § 4; prior: 1949 c 228 § 13, part; 1943 c 156 §
11, part; 1941 c 178 § 13, part; 1939 c 225 § 23, part; 1935
c 180 § 82, part; Rem. Supp. 1949 § 8370-82, part.]
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.050 Retailer—Possession of unstamped
cigarettes. No retailer in this state may possess unstamped
cigarettes within this state except as provided in this chapter.
[1995 c 278 § 4; 1990 c 216 § 3; 1969 ex.s. c 214 § 2; 1961
c 15 § 82.24.050. Prior: 1959 c 270 § 5; prior: 1949 c 228
§ 13, part; 1943 c 156 § 11, part; 1941 c 178 § 13, part;
(2002 Ed.)
Tax on Cigarettes
1939 c 225 § 23, part; 1935 c 180 § 82, part; Rem. Supp.
1949 § 8370-82, part.]
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.060 Stamps—How affixed. Stamps shall be
affixed in such manner that they cannot be removed from the
package or container without being mutilated or destroyed,
which stamps so affixed shall be evidence of the tax imposed.
In the case of cigarettes contained in individual packages, as distinguished from cartons or larger units, the stamps
shall be affixed securely on each individual package. [1961
c 15 § 82.24.060. Prior: 1959 c 270 § 6; prior: 1949 c 228
§ 13, part; 1943 c 156 § 11, part; 1941 c 178 § 13, part;
1939 c 225 § 23, part; 1935 c 180 § 82, part; Rem. Supp.
1949 § 8370-82, part.]
82.24.080 Legislative intent—Taxable event—Tax
liability. (1) It is the intent and purpose of this chapter to
levy a tax on all of the articles taxed under this chapter,
sold, used, consumed, handled, possessed, or distributed
within this state and to collect the tax from the person who
first sells, uses, consumes, handles, possesses (either physically or constructively, in accordance with RCW 82.24.020)
or distributes them in the state. It is further the intent and
purpose of this chapter that whenever any of the articles
taxed under this chapter is given away for advertising or any
other purpose, it shall be taxed in the same manner as if it
were sold, used, consumed, handled, possessed, or distributed in this state.
(2) It is also the intent and purpose of this chapter that
the tax shall be imposed at the time and place of the first
taxable event and upon the first taxable person within this
state. Any person whose activities would otherwise require
payment of the tax imposed by subsection (1) of this section
but who is exempt from the tax nevertheless has a
precollection obligation for the tax that must be imposed on
the first taxable event within this state. A precollection
obligation may not be imposed upon a person exempt from
the tax who sells, distributes, or transfers possession of
cigarettes to another person who, by law, is exempt from the
tax imposed by this chapter or upon whom the obligation for
collection of the tax may not be imposed. Failure to pay the
tax with respect to a taxable event shall not prevent tax
liability from arising by reason of a subsequent taxable
event.
(3) In the event of an increase in the rate of the tax
imposed under this chapter, it is the intent of the legislature
that the first person who sells, uses, consumes, handles,
possesses, or distributes previously taxed articles after the
effective date of the rate increase shall be liable for the
additional tax, or its precollection obligation as required by
this chapter, represented by the rate increase. The failure to
pay the additional tax with respect to the first taxable event
after the effective date of a rate increase shall not prevent
tax liability for the additional tax from arising from a
subsequent taxable event. [1995 c 278 § 5; 1993 c 492 §
308; 1972 ex.s. c 157 § 4; 1961 c 15 § 82.24.080. Prior:
1959 c 270 § 8; prior: 1949 c 228 § 13, part; 1943 c 156 §
11, part; 1941 c 178 § 13, part; 1939 c 225 § 23, part; 1935
c 180 § 82, part; Rem. Supp. 1949 § 8370-82, part.]
(2002 Ed.)
82.24.050
Effective date—1995 c 278: See note following RCW 82.24.010.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Severability—1972 ex.s. c 157: See note following RCW 82.24.020.
82.24.090 Records—Preservation—Reports. (1)
Every wholesaler or retailer subject to the provisions of this
chapter shall keep and preserve for a period of five years an
accurate set of records. These records must show all
transactions relating to the purchase and sale of any of the
articles taxed under this chapter and show all physical
inventories performed on those articles, all invoices, and a
record of all stamps purchased. All such records and all
stock of taxable articles on hand shall be open to inspection
at all reasonable times by the department of revenue or its
duly authorized agent.
(2) All wholesalers shall within fifteen days after the
first day of each month file with the department of revenue
a report of all drop shipment sales made by them to retailers
within this state during the preceding month. The report
shall show the name and address of the retailer to whom the
cigarettes were sold, the kind and quantity, and the date of
delivery thereof. [1995 c 278 § 6; 1975 1st ex.s. c 278 §
62; 1961 c 15 § 82.24.090. Prior: 1941 c 178 § 14; 1939
c 225 § 24; 1935 c 180 § 84; Rem. Supp. 1941 § 8370-84.]
Effective date—1995 c 278: See note following RCW 82.24.010.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.24.100 Forgery or counterfeiting of stamps—
Penalty. To forge or counterfeit any stamp of the kind
herein provided is a felony. [1961 c 15 § 82.24.100. Prior:
1935 c 180 § 85; RRS § 8370-85.]
82.24.110 Other offenses—Penalties. (1) Each of the
following acts is a gross misdemeanor and punishable as
such:
(a) To sell, except as a licensed wholesaler engaged in
interstate commerce as to the article being taxed herein,
without the stamp first being affixed;
(b) To sell in Washington as a wholesaler to a retailer
who does not possess and is required to possess a current
cigarette retailer’s license;
(c) To use or have in possession knowingly or intentionally any forged or counterfeit stamps;
(d) For any person other than the department of revenue
or its duly authorized agent to sell any stamps not affixed to
any of the articles taxed herein whether such stamps are
genuine or counterfeit;
(e) To violate any of the provisions of this chapter;
(f) To violate any lawful rule made and published by
the department of revenue or the board;
(g) To use any stamps more than once;
(h) To refuse to allow the department of revenue or its
duly authorized agent, on demand, to make full inspection of
any place of business where any of the articles herein taxed
are sold or otherwise hinder or prevent such inspection;
(i) Except as provided in this chapter, for any retailer to
have in possession in any place of business any of the
[Title 82 RCW—page 141]
82.24.110
Title 82 RCW: Excise Taxes
articles herein taxed, unless the same have the proper stamps
attached;
(j) For any person to make, use, or present or exhibit to
the department of revenue or its duly authorized agent, any
invoice for any of the articles herein taxed which bears an
untrue date or falsely states the nature or quantity of the
goods therein invoiced;
(k) For any wholesaler or retailer or his or her agents or
employees to fail to produce on demand of the department
of revenue all invoices of all the articles herein taxed or
stamps bought by him or her or received in his or her place
of business within five years prior to such demand unless he
or she can show by satisfactory proof that the nonproduction
of the invoices was due to causes beyond his or her control;
(l) For any person to receive in this state any shipment
of any of the articles taxed herein, when the same are not
stamped, for the purpose of avoiding payment of tax. It is
presumed that persons other than dealers who purchase or receive shipments of unstamped cigarettes do so to avoid
payment of the tax imposed herein;
(m) For any person to possess or transport in this state
a quantity of sixty thousand cigarettes or less unless the
proper stamps required by this chapter have been affixed or
unless: (i) Notice of the possession or transportation has
been given as required by RCW 82.24.250; (ii) the person
transporting the cigarettes has in actual possession invoices
or delivery tickets which show the true name and address of
the consignor or seller, the true name and address of the
consignee or purchaser, and the quantity and brands of the
cigarettes so transported; and (iii) the cigarettes are consigned to or purchased by any person in this state who is
authorized by this chapter to possess unstamped cigarettes in
this state;
(n) To possess, sell, or transport within this state any
container or package of cigarettes that does not comply with
this chapter.
(2) It is unlawful for any person knowingly or intentionally to possess or to transport in this state a quantity in
excess of sixty thousand cigarettes unless the proper stamps
required by this chapter are affixed thereto or unless: (a)
Proper notice as required by RCW 82.24.250 has been given;
(b) the person transporting the cigarettes actually possesses
invoices or delivery tickets showing the true name and
address of the consignor or seller, the true name and address
of the consignee or purchaser, and the quantity and brands
of the cigarettes so transported; and (c) the cigarettes are
consigned to or purchased by a person in this state who is
authorized by this chapter to possess unstamped cigarettes in
this state. Violation of this section shall be punished as a
class C felony under Title 9A RCW.
(3) All agents, employees, and others who aid, abet, or
otherwise participate in any way in the violation of the
provisions of this chapter or in any of the offenses described
in this chapter shall be guilty and punishable as principals,
to the same extent as any wholesaler or retailer or any other
person violating this chapter. [1999 c 193 § 2; 1997 c 420
§ 4; 1995 c 278 § 7; 1990 c 216 § 4; 1987 c 496 § 1; 1975
1st ex.s. c 278 § 63; 1961 c 15 § 82.24.110. Prior: 1941 c
178 § 15; 1935 c 180 § 86; Rem. Supp. 1941 § 8370-86.]
Intent—Finding—Severability—Effective date—1999 c 193: See
notes following RCW 82.24.035.
Effective date—1995 c 278: See note following RCW 82.24.010.
[Title 82 RCW—page 142]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.24.120 Violations—Penalties and interest. (1) If
any person, subject to the provisions of this chapter or any
rules adopted by the department of revenue under authority
hereof, is found to have failed to affix the stamps required,
or to have them affixed as herein provided, or to pay any tax
due hereunder, or to have violated any of the provisions of
this chapter or rules adopted by the department of revenue
in the administration hereof, there shall be assessed and collected from such person, in addition to any tax that may be
found due, a remedial penalty equal to the greater of ten
dollars per package of unstamped cigarettes or two hundred
fifty dollars, plus interest on the amount of the tax at the rate
as computed under RCW 82.32.050(2) from the date the tax
became due until the date of payment, and upon notice
mailed to the last known address of the person. The amount
shall become due and payable in thirty days from the date of
the notice. If the amount remains unpaid, the department or
its duly authorized agent may make immediate demand upon
such person for the payment of all such taxes, penalties, and
interest.
(2) The department, for good reason shown, may waive
or cancel all or any part of penalties imposed, but the
taxpayer must pay all taxes due and interest thereon, at the
rate as computed under RCW 82.32.050(2) from the date the
tax became due until the date of payment.
(3) The keeping of any unstamped articles coming
within the provisions of this chapter shall be prima facie
evidence of intent to violate the provisions of this chapter.
(4) This section does not apply to taxes or tax increases
due under RCW 82.24.270 and 82.24.280. [1996 c 149 § 7;
1995 c 278 § 8; 1990 c 267 § 1; 1975 1st ex.s. c 278 § 64;
1961 c 15 § 82.24.120. Prior: 1949 c 228 § 15; 1939 c 225
§ 25; 1935 c 180 § 87; Rem. Supp. 1949 § 8370-87.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Effective date—1995 c 278: See note following RCW 82.24.010.
Effective date—1990 c 267: "This act shall take effect January 1,
1991." [1990 c 267 § 3.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.24.130 Seizure and forfeiture. (1) The following
are subject to seizure and forfeiture:
(a) Subject to RCW 82.24.250, any articles taxed in this
chapter that are found at any point within this state, which
articles are held, owned, or possessed by any person, and
that do not have the stamps affixed to the packages or
containers; and any container or package of cigarettes
possessed or held for sale that does not comply with this
chapter.
(b) All conveyances, including aircraft, vehicles, or
vessels, which are used, or intended for use, to transport, or
in any manner to facilitate the transportation, for the purpose
of sale or receipt of property described in (a) of this subsection, except:
(i) A conveyance used by any person as a common or
contract carrier having in actual possession invoices or
delivery tickets showing the true name and address of the
consignor or seller, the true name of the consignee or
(2002 Ed.)
Tax on Cigarettes
purchaser, and the quantity and brands of the cigarettes
transported, unless it appears that the owner or other person
in charge of the conveyance is a consenting party or privy to
a violation of this chapter;
(ii) A conveyance subject to forfeiture under this section
by reason of any act or omission of which the owner thereof
establishes to have been committed or omitted without his or
her knowledge or consent;
(iii) A conveyance encumbered by a bona fide security
interest if the secured party neither had knowledge of nor
consented to the act or omission.
(c) Any vending machine used for the purpose of
violating the provisions of this chapter.
(2) Property subject to forfeiture under this chapter may
be seized by any agent of the department authorized to
collect taxes, any enforcement officer of the board, or law
enforcement officer of this state upon process issued by any
superior court or district court having jurisdiction over the
property. Seizure without process may be made if:
(a) The seizure is incident to an arrest or a search under
a search warrant or an inspection under an administrative
inspection warrant; or
(b) The department, the board, or the law enforcement
officer has probable cause to believe that the property was
used or is intended to be used in violation of this chapter
and exigent circumstances exist making procurement of a
search warrant impracticable.
(3) Notwithstanding the foregoing provisions of this
section, articles taxed in this chapter which are in the
possession of a wholesaler or retailer, licensed under
Washington state law, for a period of time necessary to affix
the stamps after receipt of the articles, shall not be considered contraband. [1999 c 193 § 3; 1997 c 420 § 5; 1990 c
216 § 5; 1987 c 496 § 2; 1972 ex.s. c 157 § 5; 1961 c 15 §
82.24.130. Prior: 1941 c 178 § 16; 1935 c 180 § 88; Rem.
Supp. 1941 § 8370-88.]
Intent—Finding—Severability—Effective date—1999 c 193: See
notes following RCW 82.24.035.
Severability—1972 ex.s. c 157: See note following RCW 82.24.020.
82.24.135 Forfeiture procedure. In all cases of
seizure of any property made subject to forfeiture under this
chapter the department or the board shall proceed as follows:
(1) Forfeiture shall be deemed to have commenced by
the seizure. Notice of seizure shall be given to the department or the board immediately if the seizure is made by
someone other than an agent of the department or the board
authorized to collect taxes.
(2) Upon notification or seizure by the department or
the board or upon receipt of property subject to forfeiture
under this chapter from any other person, the department or
the board shall list and particularly describe the property
seized in duplicate and have the property appraised by a
qualified person not employed by the department or the
board or acting as its agent. Listing and appraisement of the
property shall be properly attested by the department or the
board and the appraiser, who shall be allowed a reasonable
appraisal fee. No appraisal is required if the property seized
is judged by the department or the board to be less than one
hundred dollars in value.
(2002 Ed.)
82.24.130
(3) The department or the board shall cause notice to be
served within five days following the seizure or notification
to the department or the board of the seizure on the owner
of the property seized, if known, on the person in charge
thereof, and on any other person having any known right or
interest therein, of the seizure and intended forfeiture of the
seized property. The notice may be served by any method
authorized by law or court rule including but not limited to
service by mail. If service is by mail it shall be by both
certified mail with return receipt requested and regular mail.
Service by mail shall be deemed complete upon mailing
within the five-day period following the seizure or notification of the seizure to the department or the board.
(4) If no person notifies the department or the board in
writing of the person’s claim of ownership or right to
possession of the items seized within fifteen days of the date
of the notice of seizure, the item seized shall be considered
forfeited.
(5) If any person notifies the department or the board,
in writing, of the person’s claim of ownership or right to
possession of the items seized within fifteen days of the date
of the notice of seizure, the person or persons shall be
afforded a reasonable opportunity to be heard as to the claim
or right. The hearing shall be before the director or the
director’s designee or the board or the board’s designee,
except that any person asserting a claim or right may bring
an action for return of the seized items in the superior court
of the county in which such property was seized, if the
aggregate value of the article or articles involved is more
than five hundred dollars. A hearing and any appeal
therefrom shall be in accordance with chapter 34.05 RCW.
The burden of proof by a preponderance of the evidence
shall be upon the person claiming to be the lawful owner or
the person claiming to have the lawful right to possession of
the items seized. The department or the board shall promptly return the article or articles to the claimant upon a
determination that the claimant is the present lawful owner
or is lawfully entitled to possession thereof of the items
seized. [1998 c 53 § 1; 1987 c 496 § 3.]
Effective date—1998 c 53: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 18, 1998]." [1998 c 53 § 2.]
82.24.140 Forfeiture procedure—Seizures—Notice—
Claimant’s bond—Court proceedings.
Reviser’s note: RCW 82.24.140 was amended by 1987 c 202 § 243
without reference to its repeal by 1987 c 496 § 6. It has been decodified
for publication purposes pursuant to RCW 1.12.025.
82.24.145 Forfeited property—Retention, sale, or
destruction—Use of sale proceeds. When property is
forfeited under this chapter the department may:
(1) Retain the property or any part thereof for official
use or upon application by any law enforcement agency of
this state, another state, or the District of Columbia, or of the
United States for the exclusive use of enforcing the provisions of this chapter or the laws of any other state or the
District of Columbia or of the United States.
(2) Sell the property at public auction to the highest
bidder after due advertisement, but the department before
delivering any of the goods so seized shall require the person
[Title 82 RCW—page 143]
82.24.145
Title 82 RCW: Excise Taxes
to whom the property is sold to affix the proper amount of
stamps. The proceeds of the sale and all moneys forfeited
under this chapter shall be first applied to the payment of all
proper expenses of any investigation leading to the seizure
and of the proceedings for forfeiture and sale, including
expenses of seizure, maintenance of custody, advertising, and
court costs. The balance of the proceeds and all moneys
shall be deposited in the general fund of the state. Proper
expenses of investigation includes costs incurred by any law
enforcement agency or any federal, state, or local agency.
(3) Notwithstanding the provisions of subsections (1)
and (2) of this section, cigarettes seized for a violation of
RCW 82.24.035 shall be destroyed. [1999 c 193 § 4; 1987
c 496 § 4.]
Intent—Finding—Severability—Effective date—1999 c 193: See
notes following RCW 82.24.035.
82.24.180 Seized property may be returned—
Penalty, interest. (1) The department of revenue may return any property seized under the provisions of this chapter
when it is shown that there was no intention to violate the
provisions thereof.
(2) When any property is returned under this section, the
department may return such goods to the parties from whom
they were seized if and when such parties affix the proper
amount of stamps thereto, and pay to the department as
penalty an amount equal to the greater of ten dollars per
package of unstamped cigarettes or two hundred fifty dollars,
and interest on the amount of the tax at the rate as computed
under RCW 82.32.050(2) from the date the tax became due
until the date of payment, and in such cases, no advertisement shall be made or notices posted in connection with
said seizure. [1996 c 149 § 8; 1990 c 267 § 2; 1975 1st
ex.s. c 278 § 66; 1961 c 15 § 82.24.180. Prior: 1935 c 180
§ 90; RRS § 8370-90.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Effective date—1990 c 267: See note following RCW 82.24.120.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.24.190 Search and seizure. When the department
of revenue or the board has good reason to believe that any
of the articles taxed herein are being kept, sold, offered for
sale, or given away in violation of the provisions of this
chapter or regulations issued under authority hereof, it may
make affidavit of such fact, describing the place or thing to
be searched, before any judge of any court in this state, and
such judge shall issue a search warrant directed to the
sheriff, any deputy, police officer, or duly authorized agent
of the department of revenue commanding him or her
diligently to search any building, room in a building, place
or vehicle as may be designated in the affidavit and search
warrant, and to seize such tobacco so possessed and to hold
the same until disposed of by law, and to arrest the person
in possession or control thereof. If upon the return of such
warrant, it shall appear that any of the articles taxed herein,
unlawfully possessed, were seized, the same shall be sold as
provided in this chapter. [1997 c 420 § 6; 1987 c 202 §
244; 1975 1st ex.s. c 278 § 67; 1961 c 15 § 82.24.190.
Prior: 1949 c 228 § 16; 1935 c 180 § 91; Rem. Supp. 1949
§ 8370-91.]
[Title 82 RCW—page 144]
Intent—1987 c 202: See note following RCW 2.04.190.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.24.210 Redemption of stamps. The department of
revenue may promulgate rules and regulations providing for
the refund to dealers for the cost of stamps affixed to articles
taxed herein, which by reason of damage become unfit for
sale and are destroyed by the dealer or returned to the manufacturer or jobber. In the case of any articles to which
stamps have been affixed, and which articles have been sold
and shipped to a regular dealer in such articles in another
state, the seller in this state shall be entitled to a refund of
the actual amount of the stamps so affixed, less the affixing
discount, upon condition that the seller in this state makes
affidavit that the articles were sold and shipped outside of
the state and that he has received from the purchaser outside
the state a written acknowledgment that he has received such
articles with the amount of stamps affixed thereto, together
with the name and address of such purchaser. The department of revenue may redeem any unused stamps purchased
from it at the face value thereof less the affixing discount.
[1975 1st ex.s. c 278 § 68; 1961 c 15 § 82.24.210. Prior:
1949 c 228 § 17; 1941 c 178 § 17; 1935 c 180 § 92; Rem.
Supp. 1949 § 8370-92.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.24.230 Administration. All of the provisions
contained in chapter 82.32 RCW shall have full force and
application with respect to taxes imposed under the provisions of this chapter, except the following sections: RCW
82.32.050, 82.32.060, 82.32.070, 82.32.100, and 82.32.270,
except as noted otherwise in RCW 82.24.270 and 82.24.280.
[1995 c 278 § 9; 1961 c 15 § 82.24.230. Prior: 1935 c 180
§ 95; RRS § 8370-95.]
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.235 Rules. The department may adopt such
rules as are necessary to enforce and administer this chapter.
[1995 c 278 § 15.]
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.250 Transportation of unstamped cigarettes—
Invoices and delivery tickets required—Stop and inspect.
(1) No person other than: (a) A licensed wholesaler in the
wholesaler’s own vehicle; or (b) a person who has given
notice to the board in advance of the commencement of
transportation shall transport or cause to be transported in
this state cigarettes not having the stamps affixed to the
packages or containers.
(2) When transporting unstamped cigarettes, such
persons shall have in their actual possession or cause to have
in the actual possession of those persons transporting such
cigarettes on their behalf invoices or delivery tickets for such
cigarettes, which shall show the true name and address of
the consignor or seller, the true name and address of the
consignee or purchaser, and the quantity and brands of the
cigarettes so transported.
(3) If the cigarettes are consigned to or purchased by
any person in this state such purchaser or consignee must be
(2002 Ed.)
Tax on Cigarettes
a person who is authorized by chapter 82.24 RCW to
possess unstamped cigarettes in this state.
(4) In the absence of the notice of transportation
required by this section or in the absence of such invoices or
delivery tickets, or, if the name or address of the consignee
or purchaser is falsified or if the purchaser or consignee is
not a person authorized by chapter 82.24 RCW to possess
unstamped cigarettes, the cigarettes so transported shall be
deemed contraband subject to seizure and sale under the
provisions of RCW 82.24.130.
(5) Transportation of cigarettes from a point outside this
state to a point in some other state will not be considered a
violation of this section provided that the person so transporting such cigarettes has in his possession adequate
invoices or delivery tickets which give the true name and address of such out-of-state seller or consignor and such outof-state purchaser or consignee.
(6) In any case where the department or its duly
authorized agent, or any peace officer of the state, has
knowledge or reasonable grounds to believe that any vehicle
is transporting cigarettes in violation of this section, the
department, such agent, or such police officer, is authorized
to stop such vehicle and to inspect the same for contraband
cigarettes.
(7) For purposes of this section, the term "person
authorized by chapter 82.24 RCW to possess unstamped
cigarettes" means:
(a) A wholesaler or retailer, licensed under Washington
state law;
(b) The United States or an agency thereof; and
(c) Any person, including an Indian tribal organization,
who, after notice has been given to the board as provided in
this section, brings or causes to be brought into the state
unstamped cigarettes, if within a period of time after receipt
of the cigarettes as the department determines by rule to be
reasonably necessary for the purpose the person has caused
stamps to be affixed in accordance with RCW 82.24.030 or
otherwise made payment of the tax required by this chapter
in the manner set forth in rules adopted by the department.
[1997 c 420 § 7; 1995 c 278 § 10; 1990 c 216 § 6; 1972
ex.s. c 157 § 6.]
Effective date—1995 c 278: See note following RCW 82.24.010.
Severability—1972 ex.s. c 157: See note following RCW 82.24.020.
82.24.260 Selling or disposal of unstamped cigarettes—Person to pay and remit tax or affix stamps—
Liability. (1) Other than:
(a) A person required to be licensed under this chapter;
(b) A federal instrumentality with respect to sales to
authorized military personnel; or
(c) An Indian tribal organization with respect to sales to
enrolled members of the tribe,
a person who is in lawful possession of unstamped cigarettes
and who intends to sell or otherwise dispose of the cigarettes
shall pay, or satisfy its precollection obligation that is
imposed by this chapter, the tax required by this chapter by
remitting the tax or causing stamps to be affixed in the
manner provided in rules adopted by the department.
(2) When stamps are required to be affixed, the person
may deduct from the tax collected the compensation allowable under this chapter. The remittance or the affixing of
(2002 Ed.)
82.24.250
stamps shall, in the case of cigarettes obtained in the manner
set forth in RCW 82.24.250(7)(c), be made at the same time
and manner as required in RCW 82.24.250(7)(c).
(3) This section shall not relieve the buyer or possessor
of unstamped cigarettes from personal liability for the tax
imposed by this chapter.
(4) Nothing in this section shall relieve a wholesaler or
a retailer from the requirements of affixing stamps pursuant
to RCW 82.24.040 and 82.24.050. [1995 c 278 § 11; 1987
c 80 § 3; 1986 c 3 § 13. Prior: 1983 c 189 § 3; 1983 c 3
§ 217; 1975 1st ex.s. c 22 § 1; 1972 ex.s. c 157 § 7.]
Effective date—1995 c 278: See note following RCW 82.24.010.
Severability—1986 c 3: See RCW 70.146.900.
Effective dates—1986 c 3: See note following RCW 82.24.027.
Severability—1983 c 189: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 189 § 10.]
Severability—1972 ex.s. c 157: See note following RCW 82.24.020.
82.24.270 Cigarettes given away—Stamp not
required—Payment of tax—Interest—Payment of amount
less than due—Penalties—Administration. (1) All
cigarettes taxed under this chapter that are given away for
advertising or other purposes are not required to have the
state tax stamp affixed. Instead, the manufacturer of the
cigarettes shall pay the tax on a monthly tax return to be
supplied by the department.
(2) The tax is due on or before the twenty-fifth day of
the month following the month in which the taxable activities, that is the providing of cigarette samples, occur. If not
paid by the due date, interest applies to any unpaid tax.
Interest shall be calculated at the rate as computed under
RCW 82.32.050(2) from the date the tax became due until
the date of payment.
(3) If upon examination of any returns or from other
information obtained by the department it appears that a tax
or penalty has been paid less than that properly due, the
department shall assess against the taxpayer the additional
amount found to be due. The department shall notify the
taxpayer by mail of the additional amount due, including any
applicable penalties and interest. The taxpayer shall pay the
additional amount within thirty days from the date of the
notice, or within such further time as the department may
provide.
(4) All the cigarettes must evidence the payment of the
tax by having printed on their packages wording to the
following effect: "Complimentary, not for sale, all applicable state taxes paid by manufacturer."
(5) All of chapter 82.32 RCW applies to taxes due
under this section except: RCW 82.32.050(1) and 82.32.270.
[1996 c 149 § 9; 1995 c 278 § 12.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.280 Liability from tax increase—Interest and
penalties on unpaid tax—Administration. (1) Any
additional tax liability arising from a tax rate increase under
this chapter shall be paid, along with reports and returns
prescribed by the department, on or before the last day of
the month in which the increase becomes effective.
[Title 82 RCW—page 145]
82.24.280
Title 82 RCW: Excise Taxes
(2) If not paid by the due date, interest shall apply to
any unpaid tax. Interest shall be calculated at the rate as
computed under RCW 82.32.050(2) from the date the tax
became due until the date of payment.
(3) If upon examination of any returns or from other
information obtained by the department it appears that a tax
or penalty has been paid less than that properly due, the
department shall assess against the taxpayer such additional
amount found to be due. The department shall notify the
taxpayer by mail of the additional amount due, including any
applicable penalties and interest. The taxpayer shall pay the
additional amount within thirty days from the date of the
notice, or within such further time as the department may
provide.
(4) All of chapter 82.32 RCW applies to tax rate
increases except: RCW 82.32.050(1) and 82.32.270. [1996
c 149 § 10; 1995 c 278 § 13.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.290 Exceptions—Federal instrumentalities
and purchasers from federal instrumentalities. The taxes
imposed by this chapter do not apply to the sale of cigarettes
to:
(1) United States army, navy, air force, marine corps, or
coast guard exchanges and commissaries and navy or coast
guard ships’ stores;
(2) The United States veterans’ administration; or
(3) Any authorized purchaser from the federal instrumentalities named in subsection (1) or (2) of this section.
[1995 c 278 § 14.]
Effective date—1995 c 278: See note following RCW 82.24.010.
82.24.295 Exceptions—Sales by Indian retailer
under cigarette tax contract. (1) The taxes imposed by
this chapter do not apply to the sale, use, consumption,
handling, possession, or distribution of cigarettes by an
Indian retailer during the effective period of a cigarette tax
contract subject to RCW 43.06.455.
(2) Effective July 1, 2002, wholesalers and retailers
subject to the provisions of this chapter shall be allowed
compensation for their services in affixing the stamps
required under this chapter a sum computed at the rate of six
dollars per one thousand stamps purchased or affixed by
them. [2001 c 235 § 6.]
Intent—Finding—2001 c 235: See RCW 43.06.450.
82.24.500 Business of cigarette purchase, sale,
consignment, or distribution—License required—Penalty.
No person may engage in or conduct the business of
purchasing, selling, consigning, or distributing cigarettes in
this state without a license under this chapter. A violation
of this section is a misdemeanor. [1986 c 321 § 4.]
Policy—Intent—1986 c 321: "It is the policy of the legislature to
encourage competition by reducing the government’s role in price setting.
It is the legislature’s intent to leave price setting mainly to the forces of the
marketplace. In the field of cigarette sales, the legislature finds that the goal
of open competition should be balanced against the public policy disallowing use of cigarette sales as loss leaders. To balance these public policies,
it is the intent of the legislature to repeal the unfair cigarette sales below
[Title 82 RCW—page 146]
cost act and to declare the use of cigarettes as loss leaders as an unfair
practice under the consumer protection act." [1986 c 321 § 1.]
Savings—1986 c 321: "A cigarette wholesalers or retailers license
issued by the department of licensing under RCW 19.91.130 in good
standing on the July 1, 1991, constitutes a license under RCW 82.24.500."
[1986 c 321 § 11.]
Effective date—1986 c 321: "Sections 1 and 4 through 14 of this act
shall take effect on July 1, 1991." [1986 c 321 § 15.]
82.24.510 Wholesaler’s and retailer’s licenses—
Application and issuance—Criminal background check.
(1) The licenses issuable under this chapter are as follows:
(a) A wholesaler’s license.
(b) A retailer’s license.
(2) Application for the licenses shall be made through
the master license system under chapter 19.02 RCW. The
department of revenue shall adopt rules regarding the
regulation of the licenses. The department of revenue may
refrain from the issuance of any license under this chapter if
the department has reasonable cause to believe that the
applicant has wilfully withheld information requested for the
purpose of determining the eligibility of the applicant to
receive a license, or if the department has reasonable cause
to believe that information submitted in the application is
false or misleading or is not made in good faith. In addition,
for the purpose of reviewing an application for a
wholesaler’s license and for considering the denial, suspension, or revocation of any such license, the department may
consider criminal convictions of the applicant related to the
selling of cigarettes within the previous five years in any
state, tribal, or federal jurisdiction in the United States, its
territories, or possessions, and the provisions of RCW
9.95.240 and chapter 9.96A RCW shall not apply to such
cases. The department may, in its discretion, grant or refuse
the wholesaler’s license, subject to the provisions of RCW
82.24.550.
(3) No person may qualify for a wholesaler’s license
under this section without first undergoing a criminal
background check. The background check shall be performed by the liquor control board and must disclose any
criminal convictions related to the selling of cigarettes within
the previous five years in any state, tribal, or federal jurisdiction in the United States, its territories, or possessions. A
person who possesses a valid license on July 22, 2001, is
subject to this subsection and subsection (2) of this section
beginning on the date of the person’s master license expiration, and thereafter. If the applicant or licensee also has a
license issued under chapter 66.24 RCW, the background
check done under the authority of chapter 66.24 RCW
satisfies the requirements of this section.
(4) Each such license shall expire on the master license
expiration date, and each such license shall be continued
annually if the licensee has paid the required fee and
complied with all the provisions of this chapter and the rules
of the department of revenue made pursuant thereto. [2001
c 235 § 8; 1986 c 321 § 5.]
Intent—Finding—2001 c 235: See RCW 43.06.450.
Policy—Intent—Savings—Effective date—1986 c 321: See notes
following RCW 82.24.500.
82.24.520 Wholesaler’s license—Fee—Display of
license—Bond. A fee of six hundred fifty dollars shall
(2002 Ed.)
Tax on Cigarettes
accompany each wholesaler’s license application or license
renewal application. If a wholesaler sells or intends to sell
cigarettes at two or more places of business, whether
established or temporary, a separate license with a license
fee of one hundred fifteen dollars shall be required for each
additional place of business. Each license, or certificate
thereof, and such other evidence of license as the department
of revenue requires, shall be exhibited in the place of
business for which it is issued and in such manner as is
prescribed for the display of a master license. The department of revenue shall require each licensed wholesaler to file
with the department a bond in an amount not less than one
thousand dollars to guarantee the proper performance of the
duties and the discharge of the liabilities under this chapter.
The bond shall be executed by such licensed wholesaler as
principal, and by a corporation approved by the department
of revenue and authorized to engage in business as a surety
company in this state, as surety. The bond shall run concurrently with the wholesaler’s license. [1986 c 321 § 6.]
Policy—Intent—Savings—Effective date—1986 c 321: See notes
following RCW 82.24.500.
82.24.530 Retailer’s license—Vending machines. A
fee of ninety-three dollars shall accompany each retailer’s
license application or license renewal application. A
separate license is required for each separate location at
which the retailer operates. A fee of thirty additional dollars
for each vending machine shall accompany each application
or renewal for a license issued to a retail dealer operating a
cigarette vending machine. [1993 c 507 § 15; 1986 c 321 §
7.]
Finding—Severability—1993 c 507: See RCW 70.155.005 and
70.155.900.
Policy—Intent—Savings—Effective date—1986 c 321: See notes
following RCW 82.24.500.
Minors, access to tobacco, role of liquor control board: Chapter 70.155
RCW.
82.24.540 Licensee to operate within scope of
license—Penalty. Any person licensed only as a wholesaler,
or as a retail dealer, shall not operate in any other capacity
unless the additional appropriate license or licenses are first
secured. A violation of this section is a misdemeanor.
[1986 c 321 § 8.]
Policy—Intent—Savings—Effective date—1986 c 321: See notes
following RCW 82.24.500.
82.24.550 Enforcement—Rules—Notice—Hearing—
Reinstatement of license—Appeal. (1) The board shall
enforce the provisions of this chapter. The board may adopt,
amend, and repeal rules necessary to enforce the provisions
of this chapter.
(2) The department of revenue may adopt, amend, and
repeal rules necessary to administer the provisions of this
chapter. The department of revenue has full power and
authority to revoke or suspend the license or permit of any
wholesale or retail cigarette dealer in the state upon sufficient cause appearing of the violation of this chapter or upon
the failure of such licensee to comply with any of the
provisions of this chapter.
(3) A license shall not be suspended or revoked except
upon notice to the licensee and after a hearing as prescribed
(2002 Ed.)
82.24.520
by the department of revenue. The department of revenue,
upon a finding by same, that the licensee has failed to
comply with any provision of this chapter or any rule
promulgated thereunder, shall, in the case of the first
offender, suspend the license or licenses of the licensee for
a period of not less than thirty consecutive business days,
and, in the case of a second or plural offender, shall suspend
the license or licenses for a period of not less than ninety
consecutive business days nor more than twelve months, and,
in the event the department of revenue finds the offender has
been guilty of willful and persistent violations, it may revoke
the license or licenses.
(4) Any person whose license or licenses have been so
revoked may apply to the department of revenue at the
expiration of one year for a reinstatement of the license or
licenses. The license or licenses may be reinstated by the
department of revenue if it appears to the satisfaction of the
department of revenue that the licensee will comply with the
provisions of this chapter and the rules promulgated thereunder.
(5) A person whose license has been suspended or
revoked shall not sell cigarettes or permit cigarettes to be
sold during the period of such suspension or revocation on
the premises occupied by the person or upon other premises
controlled by the person or others or in any other manner or
form whatever.
(6) Any determination and order by the department of
revenue, and any order of suspension or revocation by the
department of revenue of the license or licenses, or refusal
to reinstate a license or licenses after revocation shall be
reviewable by an appeal to the superior court of Thurston
county. The superior court shall review the order or ruling
of the department of revenue and may hear the matter de
novo, having due regard to the provisions of this chapter and
the duties imposed upon the department of revenue and the
board. [1997 c 420 § 8; 1993 c 507 § 17; 1986 c 321 § 9.]
Finding—Severability—1993 c 507: See RCW 70.155.005 and
70.155.900.
Policy—Intent—Savings—Effective date—1986 c 321: See notes
following RCW 82.24.500.
82.24.551 Enforcement—Appointment of officers of
liquor control board. The department shall appoint, as duly
authorized agents, enforcement officers of the liquor control
board to enforce provisions of this chapter. These officers
shall not be considered employees of the department. [1997
c 420 § 10.]
82.24.560 Fees and penalties credited to general
fund. Except as specified in RCW 70.155.120, all fees and
penalties received or collected by the department of revenue
pursuant to this chapter shall be paid to the state treasurer,
to be credited to the general fund. [1993 c 507 § 18; 1986
c 321 § 10.]
Finding—Severability—1993 c 507: See RCW 70.155.005 and
70.155.900.
Policy—Intent—Savings—Effective date—1986 c 321: See notes
following RCW 82.24.500.
82.24.900 Construction—1961 c 15. The provisions
of this chapter shall not apply in any case in which the state
of Washington is prohibited from taxing under the Constitu[Title 82 RCW—page 147]
82.24.900
Title 82 RCW: Excise Taxes
tion of this state or the Constitution or the laws of the
United States. [1961 c 15 § 82.24.900. Prior: 1935 c 180
§ 94; RRS § 8370-94.]
Chapter 82.26
TAX ON TOBACCO PRODUCTS
Sections
82.26.010
82.26.020
Definitions.
Tax imposed—Additional taxes for general fund, health
services account.
82.26.025 Additional tax imposed—Rate—Where deposited.
82.26.028 Surtax imposed—Rate—Health services account.
82.26.030 Legislative intent—Purpose.
82.26.040 When tax not applicable under laws of United States.
82.26.050 Certificate of registration required.
82.26.060 Books and records to be preserved—Entry and inspection by
department.
82.26.070 Preservation of invoices of sales to other than ultimate consumer.
82.26.080 Invoices of purchases to be procured by retailer,
subjobber—Preservation—Inspection.
82.26.090 Records of shipments, deliveries from public warehouse of
first destination—Preservation—Inspection.
82.26.100 Reports and returns.
82.26.110 When credit may be obtained for tax paid.
82.26.120 Administration.
82.26.121 Enforcement—Appointment of officers of liquor control
board.
82.26.130 Invoices—Nonpayment—Penalties and interest.
Minors: Chapter 70.155 RCW.
82.26.010 Definitions. As used in this chapter:
(1) "Tobacco products" means cigars, cheroots, stogies,
periques, granulated, plug cut, crimp cut, ready rubbed, and
other smoking tobacco, snuff, snuff flour, cavendish, plug
and twist tobacco, fine-cut and other chewing tobaccos,
shorts, refuse scraps, clippings, cuttings and sweepings of
tobacco, and other kinds and forms of tobacco, prepared in
such manner as to be suitable for chewing or smoking in a
pipe or otherwise, or both for chewing and smoking, but
shall not include cigarettes as defined in RCW 82.24.010;
(2) "Manufacturer" means a person who manufactures
and sells tobacco products;
(3) "Distributor" means (a) any person engaged in the
business of selling tobacco products in this state who brings,
or causes to be brought, into this state from without the state
any tobacco products for sale, (b) any person who makes,
manufactures, or fabricates tobacco products in this state for
sale in this state, (c) any person engaged in the business of
selling tobacco products without this state who ships or
transports tobacco products to retailers in this state, to be
sold by those retailers, (d) any person engaged in the
business of selling tobacco products in this state who handles
for sale any tobacco products that are within this state but
upon which tax has not been imposed;
(4) "Subjobber" means any person, other than a manufacturer or distributor, who buys tobacco products from a
distributor and sells them to persons other than the ultimate
consumers;
(5) "Retailer" means any person engaged in the business
of selling tobacco products to ultimate consumers;
(6) "Sale" means any transfer, exchange, or barter, in
any manner or by any means whatsoever, for a consideration, and includes and means all sales made by any person.
[Title 82 RCW—page 148]
It includes a gift by a person engaged in the business of
selling tobacco products, for advertising, as a means of
evading the provisions of this chapter, or for any other
purposes whatsoever;
(7) "Wholesale sales price" means the established price
for which a manufacturer sells a tobacco product to a
distributor, exclusive of any discount or other reduction;
(8) "Business" means any trade, occupation, activity, or
enterprise engaged in for the purpose of selling or distributing tobacco products in this state;
(9) "Place of business" means any place where tobacco
products are sold or where tobacco products are manufactured, stored, or kept for the purpose of sale or consumption,
including any vessel, vehicle, airplane, train, or vending
machine;
(10) "Retail outlet" means each place of business from
which tobacco products are sold to consumers;
(11) "Department" means the state department of
revenue;
(12) "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate,
firm, copartnership, joint venture, club, company, joint stock
company, business trust, municipal corporation, the state and
its departments and institutions, political subdivision of the
state of Washington, corporation, limited liability company,
association, society, or any group of individuals acting as a
unit, whether mutual, cooperative, fraternal, nonprofit, or
otherwise. The term excludes any person immune from state
taxation, including the United States or its instrumentalities,
and federally recognized Indian tribes and enrolled tribal
members, conducting business within Indian country;
(13) "Indian country" means the same as defined in
chapter 82.24 RCW. [2002 c 325 § 1; 1995 c 278 § 16;
1975 1st ex.s. c 278 § 70; 1961 c 15 § 82.26.010. Prior:
1959 ex.s. c 5 § 11.]
Effective date—2002 c 325: "This act takes effect July 1, 2002."
[2002 c 325 § 6.]
Effective date—1995 c 278: See note following RCW 82.24.010.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.26.020 Tax imposed—Additional taxes for
general fund, health services account. (1) There is levied
and there shall be collected a tax upon the sale, use, consumption, handling, or distribution of all tobacco products in
this state at the rate of forty-five percent of the wholesale
sales price of such tobacco products.
(2) Taxes under this section shall be imposed at the time
the distributor (a) brings, or causes to be brought, into this
state from without the state tobacco products for sale, (b)
makes, manufactures, or fabricates tobacco products in this
state for sale in this state, (c) ships or transports tobacco
products to retailers in this state, to be sold by those retailers, or (d) handles for sale any tobacco products that are
within this state but upon which tax has not been imposed.
(3) An additional tax is imposed equal to seven percent
multiplied by the tax payable under subsection (1) of this
section.
(4) An additional tax is imposed equal to ten percent of
the wholesale sales price of tobacco products. The moneys
collected under this subsection shall be deposited in the
health services account created under RCW 43.72.900.
(2002 Ed.)
Tax on Tobacco Products
[2002 c 325 § 2; 1993 c 492 § 309; 1983 2nd ex.s. c 3 § 16;
1982 1st ex.s. c 35 § 9; 1975 1st ex.s. c 278 § 71; 1971 ex.s.
c 299 § 77; 1965 ex.s. c 173 § 25; 1961 c 15 § 82.26.020.
Prior: 1959 ex.s. c 5 § 12.]
Effective date—2002 c 325: See note following RCW 82.26.010.
Finding—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
82.26.025 Additional tax imposed—Rate—Where
deposited. (1) In addition to the taxes imposed under RCW
82.26.020, there is levied and there shall be collected a tax
upon the sale, use, consumption, handling, or distribution of
all tobacco products in this state at the rate of sixteen and
three-fourths percent of the wholesale sales price of such
tobacco products. Such tax shall be imposed at the time the
distributor (a) brings, or causes to be brought, into this state
from without the state tobacco products for sale, (b) makes,
manufactures, or fabricates tobacco products in this state for
sale in this state, (c) ships or transports tobacco products to
retailers in this state, to be sold by those retailers, or (d)
handles for sale any tobacco products that are within this
state but upon which tax has not been imposed.
(2) The moneys collected under this section shall be
deposited as follows:
(a) For the period ending July 1, 1999, in the water
quality account under RCW 70.146.030;
(b) For the period beginning July 1, 1999, through June
30, 2001, fifty percent into the violence reduction and drug
enforcement account under RCW 69.50.520 and fifty percent
into the salmon recovery account;
(c) For the period beginning July 1, 2001, through June
30, 2021, into the water quality account under RCW
70.146.030; and
(d) For the period beginning July 1, 2021, in the general
fund. [2002 c 325 § 3; 1999 c 309 § 926; 1986 c 3 § 14.]
Effective date—2002 c 325: See note following RCW 82.26.010.
Severability—Effective date—1999 c 309: See notes following
RCW 41.06.152.
Severability—1986 c 3: See RCW 70.146.900.
Effective dates—1986 c 3: See note following RCW 82.24.027.
82.26.028 Surtax imposed—Rate—Health services
account. In addition to the taxes imposed upon the wholesale sales price of tobacco products set forth in RCW
82.26.020 and 82.26.025, a surtax is imposed equal to
ninety-three and three-quarters percent of taxes levied under
RCW 82.26.020, effective January 1, 2002. The surtax payable under this subsection shall be deposited in the health
services account created under RCW 43.72.900 for the
purposes set forth in that section. [2002 c 2 § 4 (Initiative
Measure No. 773, approved November 6, 2001).]
(2002 Ed.)
82.26.020
Intent—2002 c 2 (Initiative Measure No. 773): See RCW
70.47.002.
82.26.030 Legislative intent—Purpose. It is the
intent and purpose of this chapter to levy a tax on all
tobacco products sold, used, consumed, handled, or distributed within this state and to collect the tax from the
distributor as defined in RCW 82.26.010. It is the further
intent and purpose of this chapter to impose the tax once,
and only once, on all tobacco products for sale in this state,
but nothing in this chapter shall be construed to exempt any
person taxable under any other law or under any other tax
imposed under Title 82 RCW. [2002 c 325 § 4; 1961 c 15
§ 82.26.030. Prior: 1959 ex.s. c 5 § 13.]
Effective date—2002 c 325: See note following RCW 82.26.010.
82.26.040 When tax not applicable under laws of
United States. The tax imposed by RCW 82.26.020 shall
not apply with respect to any tobacco products which under
the Constitution and laws of the United States may not be
made the subject of taxation by this state. [1961 c 15 §
82.26.040. Prior: 1959 ex.s. c 5 § 14.]
82.26.050 Certificate of registration required. From
and after July 1, 1959 no person shall engage in the business
of a distributor or subjobber of tobacco products at any place
of business without first having received from the department of revenue a certificate of registration as provided in
RCW 82.32.030. [1975 1st ex.s. c 278 § 72; 1961 c 15 §
82.26.050. Prior: 1959 ex.s. c 5 § 15.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.26.060 Books and records to be preserved—
Entry and inspection by department. Every distributor
shall keep at each registered place of business complete and
accurate records for that place of business, including
itemized invoices, of tobacco products held, purchased,
manufactured, brought in or caused to be brought in from
without the state, or shipped or transported to retailers in this
state, and of all sales of tobacco products made, except sales
to the ultimate consumer.
These records shall show the names and addresses of
purchasers, the inventory of all tobacco products on hand on
July 1, 1959, and other pertinent papers and documents
relating to the purchase, sale, or disposition of tobacco
products.
When a registered distributor sells tobacco products
exclusively to the ultimate consumer at the address given in
the certificate, no invoice of those sales shall be required,
but itemized invoices shall be made of all tobacco products
transferred to other retail outlets owned or controlled by that
registered distributor. All books, records, and other papers
and documents required by this section to be kept shall be
preserved for a period of at least five years after the date of
the documents, as aforesaid, or the date of the entries thereof
appearing in the records, unless the department of revenue,
in writing, authorizes their destruction or disposal at an
earlier date. At any time during usual business hours the
department, or its duly authorized agents or employees, may
enter any place of business of a distributor, without a search
[Title 82 RCW—page 149]
82.26.060
Title 82 RCW: Excise Taxes
warrant, and inspect the premises, the records required to be
kept under this chapter, and the tobacco products contained
therein, to determine whether or not all the provisions of this
chapter are being fully complied with. If the department, or
any of its agents or employees, are denied free access or are
hindered or interfered with in making such examination, the
registration certificate of the distributor at such premises
shall be subject to revocation by the department. [1975 1st
ex.s. c 278 § 73; 1961 c 15 § 82.26.060. Prior: 1959 ex.s.
c 5 § 16.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.26.070 Preservation of invoices of sales to other
than ultimate consumer. Every person who sells tobacco
products to persons other than the ultimate consumer shall
render with each sale itemized invoices showing the seller’s
name and address, the purchaser’s name and address, the
date of sale, and all prices and discounts. He shall preserve
legible copies of all such invoices for five years from the
date of sale. [1961 c 15 § 82.26.070. Prior: 1959 ex.s. c
5 § 17.]
82.26.080 Invoices of purchases to be procured by
retailer, subjobber—Preservation—Inspection. Every
retailer and subjobber shall procure itemized invoices of all
tobacco products purchased. The invoices shall show the
name and address of the seller and the date of purchase.
The retailer and subjobber shall preserve a legible copy of
each such invoice for five years from the date of purchase.
Invoices shall be available for inspection by the department
of revenue or its authorized agents or employees at the
retailer’s or subjobber’s place of business. [1975 1st ex.s. c
278 § 74; 1961 c 15 § 82.26.080. Prior: 1959 ex.s. c 5 §
18.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.26.090 Records of shipments, deliveries from
public warehouse of first destination—Preservation—
Inspection. Records of all deliveries or shipments of
tobacco products from any public warehouse of first destination in this state shall be kept by the warehouse and be
available to the department of revenue for inspection. They
shall show the name and address of the consignee, the date,
the quantity of tobacco products delivered, and such other
information as the department may require. These records
shall be preserved for five years from the date of delivery of
the tobacco products. [1975 1st ex.s. c 278 § 75; 1961 c 15
§ 82.26.090. Prior: 1959 ex.s. c 5 § 19.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.26.100 Reports and returns. Every distributor
shall report and make returns as provided in RCW
82.32.045. Every registered distributor outside of this state
shall in like manner report and make returns. [1983 c 3 §
218; 1961 c 15 § 82.26.100. Prior: 1959 ex.s. c 5 § 20.]
82.26.110 When credit may be obtained for tax
paid. Where tobacco products upon which the tax imposed
[Title 82 RCW—page 150]
by this chapter has been reported and paid, are shipped or
transported by the distributor to retailers without the state, to
be sold by those retailers, or are returned to the manufacturer
by the distributor or destroyed by the distributor, credit of
such tax may be made to the distributor in accordance with
regulations prescribed by the department of revenue. [1975
1st ex.s. c 278 § 76; 1961 c 15 § 82.26.110. Prior: 1959
ex.s. c 5 § 21.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.26.120 Administration. All of the provisions
contained in chapter 82.32 RCW shall have full force and
application with respect to taxes imposed under the provisions of this chapter. [1963 ex.s. c 28 § 5.]
Effective date—1963 ex.s. c 28: See note following RCW 82.04.030.
82.26.121 Enforcement—Appointment of officers of
liquor control board. The department shall appoint, as duly
authorized agents, enforcement officers of the liquor control
board to enforce provisions of this chapter. These officers
shall not be considered employees of the department. [1997
c 420 § 11.]
82.26.130 Invoices—Nonpayment—Penalties and
interest. (1) The department shall by rule establish the
invoice detail required under RCW 82.26.060 for a distributor under RCW 82.26.010(3)(d) and for those invoices
required to be provided to retailers under RCW 82.26.070.
(2) If a retailer fails to keep invoices as required under
chapter 82.32 RCW, the retailer is liable for the tax owed on
any uninvoiced tobacco products but not penalties and
interest, except as provided in subsection (3) of this section.
(3) If the department finds that the nonpayment of tax
by the retailer was willful or if in the case of a second or
plural nonpayment of tax by the retailer, penalties and
interest shall be assessed in accordance with chapter 82.32
RCW. [2002 c 325 § 5.]
Effective date—2002 c 325: See note following RCW 82.26.010.
Chapter 82.27
TAX ON ENHANCED FOOD FISH
Sections
82.27.010
82.27.020
82.27.030
82.27.040
82.27.050
82.27.060
82.27.070
82.27.900
82.27.901
Definitions.
Excise tax imposed—Deduction—Measure of tax—Rates—
Additional tax imposed.
Exemptions.
Credit for taxes paid to another taxing authority.
Application of excise taxes’ administrative provisions and
definitions.
Payment of tax—Remittance—Returns.
Deposit of taxes.
Effective date—Implementation—1980 c 98.
Severability—1985 c 413.
82.27.010 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Enhanced food fish" includes all species of food
fish, except all species of tuna, mackerel, and jack; shellfish;
and anadromous game fish, including byproducts and parts
(2002 Ed.)
Tax on Enhanced Food Fish
thereof, originating within the territorial and adjacent waters
of Washington and salmon originating from within the
territorial and adjacent waters of Oregon, Washington, and
British Columbia, and all troll-caught Chinook salmon
originating from within the territorial and adjacent waters of
southeast Alaska. As used in this subsection, "adjacent"
waters of Oregon, Washington, and Alaska are those
comprising the United States fish conservation zone; "adjacent" waters of British Columbia are those comprising the
Canadian two hundred mile exclusive economic zone; and
"southeast Alaska" means that portion of Alaska south and
east of Cape Suckling to the Canadian border. For purposes
of this chapter, point of origination is established by a
document which identifies the product and state or province
in which it originates, including, but not limited to fish
tickets, bills of lading, invoices, or other documentation
required to be kept by governmental agencies.
(2) "Commercial" means related to or connected with
buying, selling, bartering, or processing.
(3) "Possession" means the control of enhanced food
fish by the owner and includes both actual and constructive
possession. Constructive possession occurs when the person
has legal ownership but not actual possession of the enhanced food fish.
(4) "Anadromous game fish" means steelhead trout and
anadromous cutthroat trout and Dolly Varden char and
includes byproducts and also parts of anadromous game fish,
whether fresh, frozen, canned, or otherwise.
(5) "Landed" means the act of physically placing
enhanced food fish (a) on a tender in the territorial waters of
Washington; or (b) on any land within or without the state
of Washington including wharves, piers, or any such extensions therefrom. [1995 c 372 § 4; 1985 c 413 § 1. Prior:
1983 1st ex.s. c 46 § 180; 1983 c 284 § 5; 1980 c 98 § 1.]
Findings—Intent—1983 c 284: See note following RCW 82.27.020.
82.27.020 Excise tax imposed—Deduction—Measure
of tax—Rates—Additional tax imposed. (1) In addition to
all other taxes, licenses, or fees provided by law there is
established an excise tax on the commercial possession of
enhanced food fish as provided in this chapter. The tax is
levied upon and shall be collected from the owner of the
enhanced food fish whose possession constitutes the taxable
event. The taxable event is the first possession in Washington by an owner after the enhanced food fish has been
landed. Processing and handling of enhanced food fish by
a person who is not the owner is not a taxable event to the
processor or handler.
(2) A person in possession of enhanced food fish and
liable to this tax may deduct from the price paid to the
person from which the enhanced food fish (except oysters)
are purchased an amount equal to a tax at one-half the rate
levied in this section upon these products.
(3) The measure of the tax is the value of the enhanced
food fish at the point of landing.
(4) The tax shall be equal to the measure of the tax
multiplied by the rates for enhanced food fish as follows:
(a) Chinook, coho, and chum salmon and anadromous
game fish: Five and twenty-five one-hundredths percent;
(b) Pink and sockeye salmon: Three and fifteen onehundredths percent;
(2002 Ed.)
82.27.010
(c) Other food fish and shellfish, except oysters, sea
urchins, and sea cucumbers: Two and one-tenth percent;
(d) Oysters: Eight one-hundredths of one percent;
(e) Sea urchins: Four and six-tenths percent through
December 31, 2005, and two and one-tenth percent thereafter; and
(f) Sea cucumbers: Four and six-tenths percent through
December 31, 2005, and two and one-tenth percent thereafter.
(5) An additional tax is imposed equal to the rate
specified in RCW 82.02.030 multiplied by the tax payable
under subsection (4) of this section. [2001 c 320 § 9; 1999
c 126 § 3; 1993 sp.s. c 17 § 12; 1985 c 413 § 2; 1983 2nd
ex.s. c 3 § 17; 1983 c 284 § 6; 1982 1st ex.s. c 35 § 10;
1980 c 98 § 2.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Effective date—1999 c 126 § 3: "Section 3 of this act takes effect
January 1, 2000." [1999 c 126 § 5.]
Finding—Contingent effective date—Severability—1993 sp.s. c 17:
See notes following RCW 77.32.520.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Findings—Intent—1983 c 284: "The legislature finds that there are
commercial fish buyers benefiting financially from the propagation of game
fish in the state. The legislature recognizes that license fees obtained from
sports fishermen support the majority of the production of these game fish.
The legislature finds that commercial operations which benefit from the
commercial harvest of these fish should pay a tax to assist in the funding
of these facilities. However, the intent of the legislature is not to support
the commercial harvest of steelhead and other game fish." [1983 c 284 §
8.]
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
82.27.030 Exemptions. The tax imposed by RCW
82.27.020 shall not apply to: (1) Enhanced food fish
originating outside the state which enters the state as (a)
frozen enhanced food fish or (b) enhanced food fish packaged for retail sales; (2) the growing, processing, or dealing
with food fish or shellfish which are raised from eggs, fry,
or larvae and which are under the physical control of the
grower at all times until being sold or harvested; and (3)
food fish, shellfish, anadromous game fish, and byproducts
or parts of food fish shipped from outside the state which
enter the state, except as provided in RCW 82.27.010,
provided the taxpayer must have documentation showing
shipping origination of fish exempt under this subsection to
qualify for exemption. Such documentation includes, but is
not limited to fish tickets, bills of lading, invoices, or other
documentation required to be kept by governmental agencies.
[1995 2nd sp.s. c 7 § 1; 1985 c 413 § 3; 1980 c 98 § 3.]
Effective date—1995 2nd sp.s. c 7: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 7 § 2.]
82.27.040 Credit for taxes paid to another taxing
authority. A credit shall be allowed against the tax imposed
by RCW 82.27.020 upon enhanced food fish with respect to
any tax previously paid on that same enhanced food fish to
any other legally established taxing authority. To qualify for
a credit, the owner of the enhanced food fish must have
documentation showing a tax was paid in another jurisdiction. [1985 c 413 § 4; 1980 c 98 § 4.]
[Title 82 RCW—page 151]
82.27.050
Title 82 RCW: Excise Taxes
82.27.050 Application of excise taxes’ administrative
provisions and definitions. All of the provisions of
chapters 82.02 and 82.32 RCW shall be applicable and have
full force and effect with respect to taxes imposed under this
chapter. The meaning attributed to words and phrases in
chapter 82.04 RCW, insofar as applicable, shall have full
force and effect with respect to taxes imposed under this
chapter. [1980 c 98 § 5.]
82.27.060 Payment of tax—Remittance—Returns.
The taxes levied by this chapter shall be due for payment
monthly and remittance therefor shall be made within twenty-five days after the end of the month in which the taxable
activity occurs. The taxpayer on or before the due date shall
make out a signed return, setting out such information as the
department of revenue may require, including the gross
measure of the tax, any deductions, credits, or exemptions
claimed, and the amount of tax due for the preceding
monthly period, which amount shall be transmitted to the
department along with the return.
The department may relieve any taxpayer from the
obligation of filing a monthly return and may require the
return to cover other periods, but in no event may periodic
returns be filed for a period greater than one year. In such
cases tax payments are due on or before the last day of the
month next succeeding the end of the period covered by the
return. [1990 c 214 § 1; 1980 c 98 § 6.]
82.27.070 Deposit of taxes. All taxes collected by the
department of revenue under this chapter shall be deposited
in the state general fund except for the excise tax on
anadromous game fish, which shall be deposited in the
wildlife fund, and, during the period January 1, 2000, to
December 31, 2005, twenty-five forty-sixths of the revenues
derived from the excise tax on sea urchins collected under
RCW 82.27.020 shall be deposited into the sea urchin dive
fishery account created in *RCW 75.30.210, and twenty-five
forty-sixths of the revenues derived from the excise tax on
sea cucumbers collected under RCW 82.27.020 shall be
deposited into the sea cucumber dive fishery account created
in *RCW 75.30.250. [1999 c 126 § 4; 1988 c 36 § 61; 1983
c 284 § 7; 1980 c 98 § 7.]
*Reviser’s note: RCW 75.30.210 and 75.30.250 were recodified as
RCW 77.70.150 and 77.70.190, respectively, pursuant to 2000 c 107 § 132.
Findings—Intent—1983 c 284: See note following RCW 82.27.020.
82.27.900 Effective date—Implementation—1980 c
98. This act shall take effect on July 1, 1980. The director
of revenue is authorized to immediately take such steps as
are necessary to insure that this act is implemented on its
effective date. [1980 c 98 § 11.]
82.27.901 Severability—1985 c 413. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 413 § 6.]
Chapter 82.29A
LEASEHOLD EXCISE TAX
Sections
82.29A.010
82.29A.020
82.29A.030
82.29A.040
Legislative findings and recognition.
Definitions.
Tax imposed—Credit—Additional tax imposed.
Counties and cities authorized to impose tax—Maximum
rate—Credit—Collection.
82.29A.050 Payment—Due dates—Collection and remittance—
Liability—Reporting.
82.29A.060 Administration—Appraisal appeal—Audits.
82.29A.070 Disposition of revenue.
82.29A.080 Counties and cities to contract with state for administration
and collection—Local leasehold excise tax account.
82.29A.090 Distributions to counties and cities.
82.29A.100 Distributions by county treasurers.
82.29A.110 Consistency and uniformity of local leasehold tax with
state leasehold tax—Model ordinance.
82.29A.120 Allowable credits.
82.29A.130 Exemptions.
82.29A.132 Exemptions—Operation of state route No. 16.
82.29A.134 Exemptions—Sales/leasebacks by regional transit authorities.
82.29A.135 Exemption for leasehold interests in land, buildings, machinery, etc., used to manufacture alcohol fuel—
Exceptions—Limitations—Claims—Administrative
rules.
82.29A.136 Exemptions—Certain residential and recreational lots.
82.29A.140 Rules and regulations.
82.29A.150 Cancellation of taxes levied for collection in 1976.
82.29A.160 Improvements not defined as contract rent taxable under
Title 84 RCW.
82.29A.900 Effective date—1975-’76 2nd ex.s. c 61.
82.29A.910 Severability—1975-’76 2nd ex.s. c 61.
Reviser’s note: Throughout chapter 82.29A RCW the term "this 1976
amendatory act" has been changed to "this chapter, RCW 84.36.451 and
84.40.175." This 1976 amendatory act [1975-’76 2nd ex.s. c 61] also
repealed chapter 82.29 RCW, RCW 84.36.450, 84.36.455, and 84.36.460.
82.29A.010 Legislative findings and recognition.
(1)(a) The legislature hereby recognizes that properties of the
state of Washington, counties, school districts, and other
municipal corporations are exempted by Article 7, section 1
of the state Constitution from property tax obligations, but
that private lessees of such public properties receive substantial benefits from governmental services provided by units of
government.
(b) The legislature further recognizes that a uniform
method of taxation should apply to such leasehold interests
in publicly owned property.
(c) The legislature finds that lessees of publicly owned
property are entitled to those same governmental services
and does hereby provide for a leasehold excise tax to fairly
compensate governmental units for services rendered to such
lessees of publicly owned property.
(2) The legislature further finds that experience gained
by lessors, lessees, and the department of revenue since
enactment of the leasehold excise tax under this chapter has
shed light on areas in the leasehold excise statutes that need
explanation and clarification. The purpose of chapter 220,
Laws of 1999 is to make those changes. [1999 c 220 § 1;
1975-’76 2nd ex.s. c 61 § 1.]
82.29A.020 Definitions. As used in this chapter the
following terms shall be defined as follows, unless the
context otherwise requires:
[Title 82 RCW—page 152]
(2002 Ed.)
Leasehold Excise Tax
(1) "Leasehold interest" shall mean an interest in
publicly owned real or personal property which exists by
virtue of any lease, permit, license, or any other agreement,
written or verbal, between the public owner of the property
and a person who would not be exempt from property taxes
if that person owned the property in fee, granting possession
and use, to a degree less than fee simple ownership:
PROVIDED, That no interest in personal property (excluding
land or buildings) which is owned by the United States,
whether or not as trustee, or by any foreign government shall
constitute a leasehold interest hereunder when the right to
use such property is granted pursuant to a contract solely for
the manufacture or production of articles for sale to the
United States or any foreign government. The term "leasehold interest" shall include the rights of use or occupancy by
others of property which is owned in fee or held in trust by
a public corporation, commission, or authority created under
RCW 35.21.730 or 35.21.660 if the property is listed on or
is within a district listed on any federal or state register of
historical sites. The term "leasehold interest" shall not
include road or utility easements, rights of access, occupancy, or use granted solely for the purpose of removing
materials or products purchased from a public owner or the
lessee of a public owner, or rights of access, occupancy, or
use granted solely for the purpose of natural energy resource
exploration.
(2) "Taxable rent" shall mean contract rent as defined in
subsection (a) of this subsection in all cases where the lease
or agreement has been established or renegotiated through
competitive bidding, or negotiated or renegotiated in accordance with statutory requirements regarding the rent
payable, or negotiated or renegotiated under circumstances,
established by public record, clearly showing that the
contract rent was the maximum attainable by the lessor:
PROVIDED, That after January 1, 1986, with respect to any
lease which has been in effect for ten years or more without
renegotiation, taxable rent may be established by procedures
set forth in subsection (b) of this subsection. All other
leasehold interests shall be subject to the determination of
taxable rent under the terms of subsection (b) of this
subsection.
For purposes of determining leasehold excise tax on any
lands on the Hanford reservation subleased to a private or
public entity by the department of ecology, taxable rent shall
include only the annual cash rental payment made by such
entity to the department of ecology as specifically referred
to as rent in the sublease agreement between the parties and
shall not include any other fees, assessments, or charges
imposed on or collected by such entity irrespective of
whether the private or public entity pays or collects such
other fees, assessments, or charges as specified in the
sublease agreement.
(a) "Contract rent" shall mean the amount of consideration due as payment for a leasehold interest, including: The
total of cash payments made to the lessor or to another party
for the benefit of the lessor according to the requirements of
the lease or agreement, including any rents paid by a
sublessee; expenditures for the protection of the lessor’s
interest when required by the terms of the lease or agreement; and expenditures for improvements to the property to
the extent that such improvements become the property of
the lessor. Where the consideration conveyed for the
(2002 Ed.)
82.29A.020
leasehold interest is made in combination with payment for
concession or other rights granted by the lessor, only that
portion of such payment which represents consideration for
the leasehold interest shall be part of contract rent.
"Contract rent" shall not include: (i) Expenditures made
by the lessee, which under the terms of the lease or agreement, are to be reimbursed by the lessor to the lessee or
expenditures for improvements and protection made pursuant
to a lease or an agreement which requires that the use of the
improved property be open to the general public and that no
profit will inure to the lessee from the lease; (ii) expenditures made by the lessee for the replacement or repair of
facilities due to fire or other casualty including payments for
insurance to provide reimbursement for losses or payments
to a public or private entity for protection of such property
from damage or loss or for alterations or additions made
necessary by an action of government taken after the date of
the execution of the lease or agreement; (iii) improvements
added to publicly owned property by a sublessee under an
agreement executed prior to January 1, 1976, which have
been taxed as personal property of the sublessee prior to
January 1, 1976, or improvements made by a sublessee of
the same lessee under a similar agreement executed prior to
January 1, 1976, and such improvements shall be taxable to
the sublessee as personal property; (iv) improvements added
to publicly owned property if such improvements are being
taxed as personal property to any person.
Any prepaid contract rent shall be considered to have
been paid in the year due and not in the year actually paid
with respect to prepayment for a period of more than one
year. Expenditures for improvements with a useful life of
more than one year which are included as part of contract
rent shall be treated as prepaid contract rent and prorated
over the useful life of the improvement or the remaining
term of the lease or agreement if the useful life is in excess
of the remaining term of the lease or agreement. Rent
prepaid prior to January 1, 1976, shall be prorated from the
date of prepayment.
With respect to a "product lease", the value shall be that
value determined at the time of sale under terms of the lease.
(b) If it shall be determined by the department of
revenue, upon examination of a lessee’s accounts or those of
a lessor of publicly owned property, that a lessee is occupying or using publicly owned property in such a manner as to
create a leasehold interest and that such leasehold interest
has not been established through competitive bidding, or
negotiated in accordance with statutory requirements regarding the rent payable, or negotiated under circumstances,
established by public record, clearly showing that the
contract rent was the maximum attainable by the lessor, the
department may establish a taxable rent computation for use
in determining the tax payable under authority granted in this
chapter based upon the following criteria: (i) Consideration
shall be given to rental being paid to other lessors by lessees
of similar property for similar purposes over similar periods
of time; (ii) consideration shall be given to what would be
considered a fair rate of return on the market value of the
property leased less reasonable deductions for any restrictions on use, special operating requirements or provisions for
concurrent use by the lessor, another person or the general
public.
[Title 82 RCW—page 153]
82.29A.020
Title 82 RCW: Excise Taxes
(3) "Product lease" as used in this chapter shall mean a
lease of property for use in the production of agricultural or
marine products to the extent that such lease provides for the
contract rent to be paid by the delivery of a stated percentage of the production of such agricultural or marine products
to the credit of the lessor or the payment to the lessor of a
stated percentage of the proceeds from the sale of such
products.
(4) "Renegotiated" means a change in the lease agreement which changes the agreed time of possession, restrictions on use, the rate of the cash rental or of any other
consideration payable by the lessee to or for the benefit of
the lessor, other than any such change required by the terms
of the lease or agreement. In addition "renegotiated" shall
mean a continuation of possession by the lessee beyond the
date when, under the terms of the lease agreement, the lessee
had the right to vacate the premises without any further
liability to the lessor.
(5) "City" means any city or town.
(6) "Products" includes natural resource products such
as cut or picked evergreen foliage, Cascara bark, wild edible
mushrooms, native ornamental trees and shrubs, ore and
minerals, natural gas, geothermal water and steam, and
forage removed through the grazing of livestock. [1999 c
220 § 2; 1991 c 272 § 23; 1986 c 285 § 1; 1979 ex.s. c 196
§ 11; 1975-’76 2nd ex.s. c 61 § 2.]
Effective dates—1991 c 272: See RCW 81.108.901.
Effective date—1979 ex.s. c 196: See note following RCW
82.04.240.
82.29A.030 Tax imposed—Credit—Additional tax
imposed. (1) There is hereby levied and shall be collected
a leasehold excise tax on the act or privilege of occupying
or using publicly owned real or personal property through a
leasehold interest on and after January 1, 1976, at a rate of
twelve percent of taxable rent: PROVIDED, That after the
computation of the tax there shall be allowed credit for any
tax collected pursuant to RCW 82.29A.040.
(2) An additional tax is imposed equal to the rate
specified in RCW 82.02.030 multiplied by the tax payable
under subsection (1) of this section. [1983 2nd ex.s. c 3 §
18; 1982 1st ex.s. c 35 § 11; 1975-’76 2nd ex.s. c 61 § 3.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
82.29A.040 Counties and cities authorized to impose
tax—Maximum rate—Credit—Collection. The legislative
body of any county or city is hereby authorized to levy and
collect a leasehold excise tax on the act or privilege of
occupying or using publicly owned real or personal property
through a leasehold interest in publicly owned property
within the territorial limits of such county or city. The tax
levied by a county under authority of this section shall not
exceed six percent and the tax levied by a city shall not
exceed four percent of taxable rent: PROVIDED, That any
county ordinance levying such tax shall contain a provision
allowing a credit against the county tax for the full amount
of any city tax imposed upon the same taxable event.
[Title 82 RCW—page 154]
The department of revenue shall perform the collection
of such taxes on behalf of such county or city. [1975-’76
2nd ex.s. c 61 § 4.]
82.29A.050 Payment—Due dates—Collection and
remittance—Liability—Reporting. (1) The leasehold
excise taxes provided for in RCW 82.29A.030 and
82.29A.040 shall be paid by the lessee to the lessor and the
lessor shall collect such tax and remit the same to the
department of revenue. The tax shall be payable at the same
time as payments are due to the lessor for use of the
property from which the leasehold interest arises, and in the
case of payment of contract rent to a person other than the
lessor, at the time of payment. The tax payment shall be
accompanied by such information as the department of
revenue may require. In the case of prepaid contract rent the
payment may be prorated in accordance with instructions of
the department of revenue and the prorated portion of the tax
shall be due, one-half not later than May 31 and the other
half not later than November 30 each year.
(2) The lessor receiving taxes payable under the
provisions of this chapter shall remit the same together with
a return provided by the department, to the department of
revenue on or before the last day of the month following the
month in which the tax is collected. The department may
relieve any taxpayer or class of taxpayers from the obligation
of filing monthly returns and may require the return to cover
other reporting periods, but in no event shall returns be filed
for a period greater than one year. The lessor shall be fully
liable for collection and remittance of the tax. The amount
of tax until paid by the lessee to the lessor shall constitute a
debt from the lessee to the lessor. The tax required by this
chapter shall be stated separately from contract rent, and if
not so separately stated for purposes of determining the tax
due from the lessee to the lessor and from the lessor to the
department, the contract rent does not include the tax
imposed by this chapter. Where a lessee has failed to pay
to the lessor the tax imposed by this chapter and the lessor
has not paid the amount of the tax to the department, the
department may, in its discretion, proceed directly against
the lessee for collection of the tax: PROVIDED, That taxes
due where contract rent has not been paid shall be reported
by the lessor to the department and the lessee alone shall be
liable for payment of the tax to the department.
(3) Each person having a leasehold interest subject to
the tax provided for in this chapter arising out of a lease of
federally owned or federal trust lands shall report and remit
the tax due directly to the department of revenue in the same
manner and at the same time as the lessor would be required
to report and remit the tax if such lessor were a state public
entity. [1992 c 206 § 6; 1975-’76 2nd ex.s. c 61 § 5.]
Effective date—1992 c 206: See note following RCW 82.04.170.
82.29A.060 Administration—Appraisal appeal—
Audits. (1) All administrative provisions in chapters 82.02
and 82.32 RCW shall be applicable to taxes imposed pursuant to this chapter.
(2) A lessee, or a sublessee in the case where the
sublessee is responsible for paying the tax imposed under
this chapter, of property used for residential purposes may
petition the county board of equalization for a change in
(2002 Ed.)
Leasehold Excise Tax
appraised value when the department of revenue establishes
taxable rent under RCW 82.29A.020(2)(b) based on an
appraisal done by the county assessor at the request of the
department. The petition must be on forms prescribed or
approved by the department of revenue and any petition not
conforming to those requirements or not properly completed
shall not be considered by the board. The petition must be
filed with the board within the time period set forth in RCW
84.40.038. A decision of the board of equalization may be
appealed by the taxpayer to the board of tax appeals as
provided in RCW 84.08.130.
A sublessee, in the case where the sublessee is responsible for paying the tax imposed under this chapter, of
property used for residential purposes may petition the
department for a change in taxable rent when the department
of revenue establishes taxable rent under RCW
82.29A.020(2)(b).
Any change in tax resulting from an appeal under this
subsection shall be allocated to the lessee or sublessee
responsible for paying the tax.
(3) This section shall not authorize the issuance of any
levy upon any property owned by the public lessor.
(4) In selecting leasehold excise tax returns for audit the
department of revenue shall give priority to any return an
audit of which is specifically requested in writing by the
county assessor or treasurer or other chief financial officer
of any city or county affected by such return. Notwithstanding the provisions of RCW 82.32.330, findings of fact
and determinations of the amount of taxable rent made
pursuant to the provisions of this chapter shall be open to
public inspection at all reasonable times. [1994 c 95 § 1;
1975-’76 2nd ex.s. c 61 § 6.]
Effective date—1994 c 95: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 23, 1994]." [1994 c 95 § 3.]
82.29A.070 Disposition of revenue. All moneys
received by the department of revenue from taxes levied
under provisions of RCW 82.29A.030 shall be transmitted to
the state treasurer and deposited in the general fund. [1975’76 2nd ex.s. c 61 § 7.]
82.29A.080 Counties and cities to contract with
state for administration and collection—Local leasehold
excise tax account. The counties and cities shall contract,
prior to the effective date of an ordinance imposing a
leasehold excise tax, with the department of revenue for
administration and collection. The department of revenue
shall deduct a percentage amount, as provided by such contract, not to exceed two percent of the taxes collected, for
administration and collection expenses incurred by the
department. The remainder of any portion of any tax
authorized by RCW 82.29A.040 which is collected by the
department of revenue shall be deposited by the state
department of revenue in the local leasehold excise tax
account hereby created in the state treasury. Moneys in the
local leasehold excise tax account may be spent only for
distribution to counties and cities imposing a leasehold
excise tax.
During the 2001-2003 fiscal biennium, the legislature
may transfer from the local leasehold excise tax account to
(2002 Ed.)
82.29A.060
the state general fund such amounts as reflect the interest
earnings of the account. [2002 c 371 § 925; 1985 c 57 § 84;
1981 2nd ex.s. c 4 § 8; 1975-’76 2nd ex.s. c 61 § 8.]
Severability—Effective date—2002 c 371: See notes following
RCW 9.46.100.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
82.29A.090 Distributions to counties and cities. (1)
Bimonthly the state treasurer shall make distribution from
the local leasehold excise tax account to the counties and
cities the amount of tax collected on behalf of each county
or city.
(2) Earnings accrued through July 31, 2002, shall be
disbursed to counties and cities proportionate to the amount
of tax collected annually on behalf of each county or city.
(3) After July 31, 2002, bimonthly the state treasurer
shall disburse earnings from the local leasehold excise tax
account to the counties or cities proportionate to the amount
of tax collected on behalf of each county or city.
(4) The state treasurer shall make the distribution under
this section without appropriation. [2002 c 177 § 1; 1981
2nd ex.s. c 4 § 9; 1975-’76 2nd ex.s. c 61 § 9.]
Severability—1981 2nd ex.s. c 4: See note following RCW
43.85.130.
82.29A.100 Distributions by county treasurers. Any
moneys received by a county from the leasehold excise tax
provided for under RCW 82.29A.040 shall be distributed
proportionately by the county treasurer in accordance with
RCW 84.56.230 as though such moneys were receipts from
regular ad valorem property tax levies within such county:
PROVIDED, That no distribution shall be made to the state
or any city: AND PROVIDED FURTHER, That the pro
rata calculation for proportionate distribution to taxing
districts shall not include consideration of any rate(s) of levy
by the state or any city. [1975-’76 2nd ex.s. c 61 § 10.]
82.29A.110 Consistency and uniformity of local
leasehold tax with state leasehold tax—Model ordinance.
It is the intent of this chapter that any local leasehold excise
tax adopted pursuant to this chapter be as consistent and
uniform as possible with the state leasehold excise tax. It is
further the intent of this chapter that the local leasehold
excise tax shall be imposed upon an individual taxable event
simultaneously with the imposition of the state leasehold
excise tax upon the same taxable event. The department
shall, as soon as practicable, and with the assistance of the
appropriate associations of county prosecutors and city
attorneys, draft a model ordinance. [1975-’76 2nd ex.s. c 61
§ 11.]
82.29A.120 Allowable credits. After computation of
the taxes imposed pursuant to RCW 82.29A.030 and
82.29A.040 there shall be allowed the following credits in
determining the tax payable:
(1) With respect to a leasehold interest other than a
product lease, executed with an effective date of April 1,
1986, or thereafter, or a leasehold interest in respect to
which the department of revenue under the authority of
[Title 82 RCW—page 155]
82.29A.120
Title 82 RCW: Excise Taxes
RCW 82.29A.020 does adjust the contract rent base used for
computing the tax provided for in RCW 82.29A.030, there
shall be allowed a credit against the tax as otherwise computed equal to the amount, if any, that such tax exceeds the
property tax that would apply to such leased property
without regard to any property tax exemption under RCW
84.36.381, if it were privately owned by the lessee or if it
were privately owned by any sublessee if the value of the
credit inures to the sublessee. For lessees and sublessees
who would qualify for a property tax exemption under RCW
84.36.381 if the property were privately owned, the tax
otherwise due after this credit shall be reduced by a percentage equal to the percentage reduction in property tax that
would result from the property tax exemption under RCW
84.36.381.
(2) With respect to a product lease, a credit of thirtythree percent of the tax otherwise due. [1994 c 95 § 2; 1986
c 285 § 2; 1975-’76 2nd ex.s. c 61 § 12.]
Effective date—1994 c 95: See note following RCW 82.29A.060.
82.29A.130 Exemptions. The following leasehold
interests shall be exempt from taxes imposed pursuant to
RCW 82.29A.030 and 82.29A.040:
(1) All leasehold interests constituting a part of the
operating properties of any public utility which is assessed
and taxed as a public utility pursuant to chapter 84.12 RCW.
(2) All leasehold interests in facilities owned or used by
a school, college or university which leasehold provides
housing for students and which is otherwise exempt from
taxation under provisions of RCW 84.36.010 and 84.36.050.
(3) All leasehold interests of subsidized housing where
the fee ownership of such property is vested in the government of the United States, or the state of Washington or any
political subdivision thereof but only if income qualification
exists for such housing.
(4) All leasehold interests used for fair purposes of a
nonprofit fair association that sponsors or conducts a fair or
fairs which receive support from revenues collected pursuant
to RCW 67.16.100 and allocated by the director of the
department of agriculture where the fee ownership of such
property is vested in the government of the United States,
the state of Washington or any of its political subdivisions:
PROVIDED, That this exemption shall not apply to the
leasehold interest of any sublessee of such nonprofit fair
association if such leasehold interest would be taxable if it
were the primary lease.
(5) All leasehold interests in any property of any public
entity used as a residence by an employee of that public
entity who is required as a condition of employment to live
in the publicly owned property.
(6) All leasehold interests held by enrolled Indians of
lands owned or held by any Indian or Indian tribe where the
fee ownership of such property is vested in or held in trust
by the United States and which are not subleased to other
than to a lessee which would qualify pursuant to this chapter,
RCW 84.36.451 and 84.40.175.
(7) All leasehold interests in any real property of any
Indian or Indian tribe, band, or community that is held in
trust by the United States or is subject to a restriction against
alienation imposed by the United States: PROVIDED, That
this exemption shall apply only where it is determined that
[Title 82 RCW—page 156]
contract rent paid is greater than or equal to ninety percent
of fair market rental, to be determined by the department of
revenue using the same criteria used to establish taxable rent
in RCW 82.29A.020(2)(b).
(8) All leasehold interests for which annual taxable rent
is less than two hundred fifty dollars per year. For purposes
of this subsection leasehold interests held by the same lessee
in contiguous properties owned by the same lessor shall be
deemed a single leasehold interest.
(9) All leasehold interests which give use or possession
of the leased property for a continuous period of less than
thirty days: PROVIDED, That for purposes of this subsection, successive leases or lease renewals giving substantially
continuous use of possession of the same property to the
same lessee shall be deemed a single leasehold interest:
PROVIDED FURTHER, That no leasehold interest shall be
deemed to give use or possession for a period of less than
thirty days solely by virtue of the reservation by the public
lessor of the right to use the property or to allow third
parties to use the property on an occasional, temporary basis.
(10) All leasehold interests under month-to-month leases
in residential units rented for residential purposes of the
lessee pending destruction or removal for the purpose of
constructing a public highway or building.
(11) All leasehold interests in any publicly owned real
or personal property to the extent such leasehold interests
arises solely by virtue of a contract for public improvements
or work executed under the public works statutes of this
state or of the United States between the public owner of the
property and a contractor.
(12) All leasehold interests that give use or possession
of state adult correctional facilities for the purposes of
operating correctional industries under RCW 72.09.100.
(13) All leasehold interests used to provide organized
and supervised recreational activities for disabled persons of
all ages in a camp facility and for public recreational
purposes by a nonprofit organization, association, or corporation that would be exempt from property tax under RCW
84.36.030(1) if it owned the property. If the publicly owned
property is used for any taxable purpose, the leasehold
excise taxes set forth in RCW 82.29A.030 and 82.29A.040
shall be imposed and shall be apportioned accordingly.
(14) All leasehold interests in the public or entertainment areas of a baseball stadium with natural turf and a
retractable roof or canopy that is in a county with a population of over one million, that has a seating capacity of over
forty thousand, and that is constructed on or after January 1,
1995. "Public or entertainment areas" include ticket sales
areas, ramps and stairs, lobbies and concourses, parking
areas, concession areas, restaurants, hospitality and stadium
club areas, kitchens or other work areas primarily servicing
other public or entertainment areas, public rest room areas,
press and media areas, control booths, broadcast and production areas, retail sales areas, museum and exhibit areas,
scoreboards or other public displays, storage areas, loading,
staging, and servicing areas, seating areas and suites, the
playing field, and any other areas to which the public has
access or which are used for the production of the entertainment event or other public usage, and any other personal
property used for these purposes. "Public or entertainment
areas" does not include locker rooms or private offices
exclusively used by the lessee.
(2002 Ed.)
Leasehold Excise Tax
(15) All leasehold interests in the public or entertainment areas of a stadium and exhibition center, as defined in
RCW 36.102.010, that is constructed on or after January 1,
1998. For the purposes of this subsection, "public or
entertainment areas" has the same meaning as in subsection
(14) of this section, and includes exhibition areas.
(16) All leasehold interests in public facilities districts,
as provided in chapter 36.100 or 35.57 RCW. [1999 c 165
§ 21; 1997 c 220 § 202 (Referendum Bill No. 48, approved
June 17, 1997); 1995 3rd sp.s. c 1 § 307; 1995 c 138 § 1;
1992 c 123 § 2; 1975-’76 2nd ex.s. c 61 § 13.]
Severability—1999 c 164: See RCW 35.57.900.
Referendum—Other legislation limited—Legislators’ personal
intent not indicated—Reimbursements for election—Voters’ pamphlet,
election requirements—1997 c 220: See RCW 36.102.800 through
36.102.803.
Part headings not law—Severability—1997 c 220: See RCW
36.102.900 and 36.102.901.
Part headings not law—Effective date—1995 3rd sp.s. c 1: See
notes following RCW 82.14.0485.
Effective date—1995 c 138: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 27, 1995]." [1995 c 138 § 2.]
82.29A.132 Exemptions—Operation of state route
No. 16. All leasehold interests in the state route number 16
corridor transportation systems and facilities constructed and
operated under chapter 47.46 RCW are exempt from tax
under this chapter. [1998 c 179 § 6.]
Finding—1998 c 179: See note following RCW 35.21.718.
82.29A.134 Exemptions—Sales/leasebacks by
regional transit authorities. All leasehold interests in
property of a regional transit authority or public corporation
created under RCW 81.112.320 under an agreement under
RCW 81.112.300 are exempt from tax under this chapter.
[2000 2nd sp.s. c 4 § 25.]
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
82.29A.135 Exemption for leasehold interests in
land, buildings, machinery, etc., used to manufacture
alcohol fuel—Exceptions—Limitations—Claims—
Administrative rules. (1) For the purposes of this section,
"alcohol fuel" means any alcohol made from a product other
than petroleum or natural gas, which is used alone or in
combination with gasoline or other petroleum products for
use as a fuel for motor vehicles, farm implements and
machines or implements of husbandry.
(2) All leasehold interests in buildings, machinery,
equipment, and other personal property which is used
primarily for the manufacturing of alcohol fuel, the land
upon which such property is located, and land that is
reasonably necessary in the manufacturing of alcohol fuel,
but not land necessary for growing of crops, which together
comprise a new alcohol manufacturing facility or an addition
to an existing alcohol manufacturing facility, are exempt
from leasehold taxes for a period of six years from the date
on which the facility or the addition to the existing facility
becomes operational.
(2002 Ed.)
82.29A.130
For alcohol manufacturing facilities which produce
alcohol for use as alcohol fuel and alcohol used for other
purposes, the amount of the leasehold tax exemption shall be
based upon an annually determined percentage of the total
gallons of alcohol produced that is sold and used as alcohol
fuel.
(3) Claims for exemptions authorized by this section
shall be filed with the department of revenue on forms
prescribed by the department of revenue and furnished by
the department of revenue. Once filed, the exemption is
valid for six years and shall not be renewed. The department of revenue shall verify and approve such claims as the
department of revenue determines to be justified and in
accordance with this section. No claims may be filed after
December 31, 1992.
The department of revenue may promulgate such rules,
pursuant to chapter 34.05 RCW, as are necessary to properly
administer this section. [1985 c 371 § 3; 1980 c 157 § 2.]
82.29A.136 Exemptions—Certain residential and
recreational lots. All leasehold interests consisting of three
thousand or more residential and recreational lots that are or
may be subleased for residential and recreational purposes
are exempt from tax under this chapter. [2001 c 26 § 1.]
Effective date—2001 c 26 § 1: "Section 1 of this act takes effect
January 1, 2002." [2001 c 26 § 6.]
82.29A.140 Rules and regulations. The department
of revenue of the state of Washington shall make such rules
and regulations consistent with chapter 34.05 RCW and the
provisions of this chapter, RCW 84.36.451 and 84.40.175 as
shall be necessary to permit its effective administration
including procedures for collection and remittance of taxes
imposed by this chapter, and for intervention by the cities
and counties levying under RCW 82.29A.040, in proceedings
involving such levies and taxes collected pursuant thereto.
[1975-’76 2nd ex.s. c 61 § 16.]
82.29A.150 Cancellation of taxes levied for collection in 1976. All assessments or levies of property taxes for
collection in calendar year 1976 are hereby canceled with
respect to values arising out of property exempted by RCW
84.36.451. [1975-’76 2nd ex.s. c 61 § 17.]
82.29A.160 Improvements not defined as contract
rent taxable under Title 84 RCW. Notwithstanding any
other provision of this chapter, RCW 84.36.451 and
84.40.175, improvements owned or being acquired by
contract purchase or otherwise by any lessee or sublessee
which are not defined as contract rent shall be taxable to
such lessee or sublessee under Title 84 RCW at their full
true and fair value without any deduction for interests held
by the lessor or others. [1986 c 251 § 1; 1975-’76 2nd ex.s.
c 61 § 18.]
82.29A.900 Effective date—1975-’76 2nd ex.s. c 61.
This 1976 amendatory act is necessary for the immediate
preservation of the public peace, health, and safety, the
support of the state government and its existing public
institutions, and shall take effect immediately: PROVIDED,
That in the event the cancellation of assessments or levies of
[Title 82 RCW—page 157]
82.29A.900
Title 82 RCW: Excise Taxes
property taxes for collection in calendar year 1976 as
provided for in RCW 82.29A.150 is declared null and void,
then the effective date of this 1976 amendatory act shall be
January 1, 1977. [1975-’76 2nd ex.s. c 61 § 22.]
82.29A.910 Severability—1975-’76 2nd ex.s. c 61.
If any provision of this 1976 amendatory act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to
other persons or circumstances is not affected. [1975-’76
2nd ex.s. c 61 § 23.]
Chapter 82.32
GENERAL ADMINISTRATIVE PROVISIONS
Sections
82.32.010
82.32.020
82.32.030
82.32.045
82.32.050
82.32.060
82.32.062
82.32.065
82.32.070
82.32.080
82.32.085
82.32.087
82.32.090
82.32.100
82.32.105
82.32.110
82.32.120
82.32.130
82.32.140
82.32.145
82.32.150
82.32.160
82.32.170
82.32.180
82.32.190
82.32.200
82.32.210
82.32.215
82.32.220
82.32.230
82.32.235
82.32.237
82.32.240
82.32.245
Application of chapter stated.
Definitions.
Registration certificates—Threshold levels.
Taxes—When due and payable—Reporting periods—
Verified annual returns—Relief from filing requirements.
Deficient tax or penalty payments—Notice—Interest—
Limitations.
Excess payment of tax, penalty, or interest—Credit or refund—Payment of judgments for refund.
Additional offset for excess payment of sales tax.
Tax refund to consumer under new motor vehicle warranty
laws—Credit or refund to new motor vehicle manufacturer.
Records to be preserved—Examination—Estoppel to question assessment—Unified business identifier account
number records.
Payment by check—Electronic funds transfer—Rules—
Mailing returns or remittances—Time extension—
Deposits—Records—Payment must accompany return.
Electronic funds transfer—Generally.
Direct pay permits.
Late payment—Disregard of written instructions—Evasion—
Penalties.
Failure to file returns or provide records—Assessment of tax
by department—Penalties and interest.
Waiver or cancellation of penalties or interest—Rules.
Examination of books or records—Subpoenas—Contempt of
court.
Oaths and acknowledgments.
Notice and orders—Service.
Taxpayer quitting business—Liability of successor.
Termination, dissolution, or abandonment of corporate or
limited liability business—Personal liability of person in
control of collected sales tax funds.
Contest of tax—Prepayment required—Restraining orders
and injunctions barred.
Correction of tax—Administrative procedure—Conference—
Determination by department.
Reduction of tax after payment—Petition—Conference—
Determination by department.
Court appeal—Procedure.
Stay of collection pending suit—Interest.
Stay of collection—Bond—Interest.
Tax warrant—Filing—Lien—Effect.
Revocation of certificate of registration.
Execution of warrant—Levy upon property—Satisfaction.
Agent of the department of revenue may execute.
Notice and order to withhold and deliver property due or
owned by taxpayer—Bond—Judgment by default.
Notice and order to withhold and deliver—Continuing
lien—Effective date.
Tax constitutes debt to the state—Priority of lien.
Search for and seizure of property—Warrant—Procedure.
[Title 82 RCW—page 158]
82.32.260
Payment condition to dissolution or withdrawal of corporation.
82.32.265 Use of collection agencies to collect taxes outside the state.
82.32.270 Accounting period prescribed.
82.32.280 Tax declared additional.
82.32.290 Unlawful acts—Penalties.
82.32.291 Resale certificate, unlawful use—Penalty—Rules.
82.32.300 Department of revenue to administer—Chapters enforced by
liquor control board.
82.32.310 Immunity of officers, agents, etc., of the department of
revenue acting in good faith.
82.32.320 Revenue to state treasurer—Allocation for return or payment
for less than the full amount due.
82.32.330 Disclosure of return or tax information.
82.32.340 Chargeoff of uncollectible taxes—Destruction of files and
records.
82.32.350 Closing agreements authorized.
82.32.360 Conclusive effect of agreements.
82.32.380 Revenues to be deposited in general fund.
82.32.390 Certain revenues to be deposited in water quality account.
82.32.392 Certain revenues to be deposited in sulfur dioxide abatement
account.
82.32.393 Thermal electric generation facilities with tax exemptions for
air pollution control equipment—Payments upon cessation of operation.
82.32.394 Revenues from sale or use of leaded racing fuel to be deposited into the advanced environmental mitigation revolving account.
82.32.410 Written determinations as precedents.
82.32.420 Year 2000 failure—No penalties or interest—Payment of
tax.
82.32.430 Liability for tax rate calculation errors.
82.32.440 Project on sales and use tax exemption requirements.
82.32.450 Natural or manufactured gas, electricity—Maximum combined credits and deferrals allowed—Availability of
credits and deferrals.
82.32.460 Transfer of taxes on transportation improvements.
82.32.470 Transfer of sales and use tax on toll projects.
82.32.480 Washington forest products commission—Disclosure of
taxpayer information.
82.32.490 Electronic data base for use by mobile telecommunications
service provider.
82.32.495 Liability of mobile telecommunications service provider if
no data base provided.
82.32.500 Determination of taxing jurisdiction for telecommunications
services.
82.32.505 Telecommunications services—Place of primary use.
82.32.510 Scope of mobile telecommunications act—Identification of
taxable and nontaxable charges.
82.32.515 Applicability of telephone and telecommunications definitions.
Debts owed state: RCW 43.17.240.
Refunds of erroneous or excessive payments: RCW 43.88.170.
Tax returns, remittances, etc., filing and receipt when transmitted by mail:
RCW 1.12.070.
82.32.010 Application of chapter stated. The
provisions of this chapter shall apply with respect to the
taxes imposed under chapters 82.04 through 82.14 RCW,
under RCW 82.14B.030(3), under chapters 82.16 through
82.29A RCW of this title, under chapter 84.33 RCW, and
under other titles, chapters, and sections in such manner and
to such extent as indicated in each such title, chapter, or
section. [1998 c 304 § 12; 1984 c 204 § 26; 1983 c 3 §
219; 1981 c 148 § 12; 1961 c 15 § 82.32.010. Prior: 1935
c 180 § 185; RRS § 8370-185.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
(2002 Ed.)
General Administrative Provisions
Purpose—Severability—Effective dates—1981 c 148: See notes
following RCW 84.33.130.
82.32.020 Definitions. For the purposes of this
chapter:
The meaning attributed in chapters 82.01 through 82.27
RCW to the words and phrases "tax year," "taxable year,"
"person," "company," "gross proceeds of sales," "gross
income of the business," "business," "engaging in business,"
"successor," "gross operating revenue," "gross income,"
"taxpayer," and "value of products" shall apply equally to the
provisions of this chapter. [1983 c 3 § 220; 1961 c 15 §
82.32.020. Prior: 1935 c 180 § 186; RRS § 8370-186.]
82.32.030 Registration certificates—Threshold
levels. (1) Except as provided in subsection (2) of this
section, if any person engages in any business or performs
any act upon which a tax is imposed by the preceding
chapters, he or she shall, under such rules as the department
of revenue shall prescribe, apply for and obtain from the
department a registration certificate. Such registration certificate shall be personal and nontransferable and shall be
valid as long as the taxpayer continues in business and pays
the tax accrued to the state. In case business is transacted at
two or more separate places by one taxpayer, a separate
registration certificate for each place at which business is
transacted with the public shall be required. Each certificate
shall be numbered and shall show the name, residence, and
place and character of business of the taxpayer and such
other information as the department of revenue deems
necessary and shall be posted in a conspicuous place at the
place of business for which it is issued. Where a place of
business of the taxpayer is changed, the taxpayer must return
to the department the existing certificate, and a new certificate will be issued for the new place of business. No person
required to be registered under this section shall engage in
any business taxable hereunder without first being so
registered. The department, by rule, may provide for the
issuance of certificates of registration to temporary places of
business.
(2) Unless the person is a dealer as defined in RCW
9.41.010, registration under this section is not required if the
following conditions are met:
(a) A person’s value of products, gross proceeds of
sales, or gross income of the business, from all business
activities taxable under chapter 82.04 RCW, is less than
twelve thousand dollars per year;
(b) The person’s gross income of the business from all
activities taxable under chapter 82.16 RCW is less than
twelve thousand dollars per year;
(c) The person is not required to collect or pay to the
department of revenue any other tax or fee which the
department is authorized to collect; and
(d) The person is not otherwise required to obtain a
license subject to the master application procedure provided
in chapter 19.02 RCW. [1996 c 111 § 2. Prior: 1994 sp.s.
c 7 § 446; 1994 sp.s. c 2 § 2; 1992 c 206 § 8; 1982 1st ex.s.
c 4 § 1; 1979 ex.s. c 95 § 1; 1975 1st ex.s. c 278 § 77; 1961
c 15 § 82.32.030; prior: 1941 c 178 § 19, part; 1937 c 227
§ 16, part; 1935 c 180 § 187, part; Rem. Supp. 1941 §
8370-187, part.]
(2002 Ed.)
82.32.010
Findings—Purpose—1996 c 111: "The legislature finds that small
businesses play a vital role in the state’s current and future economic health.
The legislature also finds that the state’s excise tax reporting and registration requirements are unduly burdensome for small businesses incurring
little or no tax liability. The legislature recognizes the costs associated in
complying with the reporting and registration requirements that are
hindering the further development of those businesses. For these reasons
the legislature with this act simplifies the tax reporting and registration
requirements for certain small businesses." [1996 c 111 § 1.]
Effective date—1996 c 111: "This act shall take effect July 1, 1996."
[1996 c 111 § 5.]
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Effective date—1994 sp.s. c 7 §§ 401-410, 413-416, 418-437, and
439-460: See note following RCW 9.41.010.
Effective date—1994 sp.s. c 2: See note following RCW 82.04.4451.
Effective date—1992 c 206: See note following RCW 82.04.170.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.045 Taxes—When due and payable—
Reporting periods—Verified annual returns—Relief from
filing requirements. (1) Except as otherwise provided in
this chapter, payments of the taxes imposed under chapters
82.04, 82.08, 82.12, 82.14, and 82.16 RCW, along with
reports and returns on forms prescribed by the department,
are due monthly within twenty-five days after the end of the
month in which the taxable activities occur.
(2) The department of revenue may relieve any taxpayer
or class of taxpayers from the obligation of remitting
monthly and may require the return to cover other longer
reporting periods, but in no event may returns be filed for a
period greater than one year. For these taxpayers, tax
payments are due on or before the last day of the month next
succeeding the end of the period covered by the return.
(3) The department of revenue may also require verified
annual returns from any taxpayer, setting forth such additional information as it may deem necessary to correctly determine tax liability.
(4) Notwithstanding subsections (1) and (2) of this
section, the department may relieve any person of the
requirement to file returns if the following conditions are
met:
(a) The person’s value of products, gross proceeds of
sales, or gross income of the business, from all business
activities taxable under chapter 82.04 RCW, is less than
twenty-eight thousand dollars per year;
(b) The person’s gross income of the business from all
activities taxable under chapter 82.16 RCW is less than
twenty-four thousand dollars per year; and
(c) The person is not required to collect or pay to the
department of revenue any other tax or fee which the
department is authorized to collect. [1999 c 357 § 1; 1996
c 111 § 3; 1983 2nd ex.s. c 3 § 63; 1982 1st ex.s. c 35 § 27;
1981 c 172 § 7; 1981 c 7 § 1.]
Intent—1999 c 357: "It is the intent of the legislature to allow the
department of revenue to increase its ability to provide timely and costeffective service to taxpayers." [1999 c 357 § 2.]
Effective date—1999 c 357: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect July 1,
1999." [1999 c 357 § 4.]
Findings—Purpose—Effective date—1996 c 111: See notes
following RCW 82.32.030.
[Title 82 RCW—page 159]
82.32.045
Title 82 RCW: Excise Taxes
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1981 c 7: "This act shall take effect October 1,
1981." [1981 c 172 § 9; 1981 c 7 § 5.]
82.32.050 Deficient tax or penalty payments—
Notice—Interest—Limitations. (1) If upon examination of
any returns or from other information obtained by the department it appears that a tax or penalty has been paid less than
that properly due, the department shall assess against the
taxpayer such additional amount found to be due and shall
add thereto interest on the tax only. The department shall
notify the taxpayer by mail of the additional amount and the
additional amount shall become due and shall be paid within
thirty days from the date of the notice, or within such further
time as the department may provide.
(a) For tax liabilities arising before January 1, 1992,
interest shall be computed at the rate of nine percent per
annum from the last day of the year in which the deficiency
is incurred until the earlier of December 31, 1998, or the
date of payment. After December 31, 1998, the rate of
interest shall be variable and computed as provided in
subsection (2) of this section. The rate so computed shall be
adjusted on the first day of January of each year for use in
computing interest for that calendar year.
(b) For tax liabilities arising after December 31, 1991,
the rate of interest shall be variable and computed as
provided in subsection (2) of this section from the last day
of the year in which the deficiency is incurred until the date
of payment. The rate so computed shall be adjusted on the
first day of January of each year for use in computing
interest for that calendar year.
(c) Interest imposed after December 31, 1998, shall be
computed from the last day of the month following each
calendar year included in a notice, and the last day of the
month following the final month included in a notice if not
the end of a calendar year, until the due date of the notice.
If payment in full is not made by the due date of the notice,
additional interest shall be computed until the date of
payment. The rate of interest shall be variable and computed as provided in subsection (2) of this section. The rate so
computed shall be adjusted on the first day of January of
each year for use in computing interest for that calendar
year.
(2) For the purposes of this section, the rate of interest
to be charged to the taxpayer shall be an average of the
federal short-term rate as defined in 26 U.S.C. Sec. 1274(d)
plus two percentage points. The rate shall be computed by
taking an arithmetical average to the nearest percentage point
of the federal short-term rate, compounded annually, for the
months of January, April, July, and October of the immediately preceding calendar year as published by the United
States secretary of the treasury.
(3) No assessment or correction of an assessment for
additional taxes, penalties, or interest due may be made by
the department more than four years after the close of the
tax year, except (a) against a taxpayer who has not registered
as required by this chapter, (b) upon a showing of fraud or
of misrepresentation of a material fact by the taxpayer, or (c)
[Title 82 RCW—page 160]
where a taxpayer has executed a written waiver of such
limitation. The execution of a written waiver shall also
extend the period for making a refund or credit as provided
in RCW 82.32.060(2).
(4) For the purposes of this section, "return" means any
document a person is required by the state of Washington to
file to satisfy or establish a tax or fee obligation that is
administered or collected by the department of revenue and
that has a statutorily defined due date. [1997 c 157 § 1;
1996 c 149 § 2; 1992 c 169 § 1; 1991 c 142 § 9; 1989 c 378
§ 19; 1971 ex.s. c 299 § 16; 1965 ex.s. c 141 § 1; 1961 c 15
§ 82.32.050. Prior: 1951 1st ex.s. c 9 § 5; 1949 c 228 §
20; 1945 c 249 § 9; 1939 c 225 § 27; 1937 c 227 § 17; 1935
c 180 § 188; Rem. Supp. 1949 § 8370-188.]
Findings—Intent—1996 c 149: "The legislature finds that a
consistent application of interest and penalties is in the best interest of the
residents of the state of Washington. The legislature also finds that the goal
of the department of revenue’s interest and penalty system should be to
encourage taxpayers to voluntarily comply with Washington’s tax code in
a timely manner. The administration of tax programs requires that there be
consequences for those taxpayers who do not timely satisfy their reporting
and tax obligations, but these consequences should not be so severe as to
discourage taxpayers from voluntarily satisfying their tax obligations.
It is the intent of the legislature that, to the extent possible, a single
interest and penalty system apply to all tax programs administered by the
department of revenue." [1996 c 149 § 1.]
Effective date—1996 c 149: "This act shall take effect January 1,
1997." [1996 c 149 § 20.]
Effective date—Applicability—1992 c 169: "(1) This act shall take
effect July 1, 1992.
(2) This act is effective for all written waivers that remain enforceable
as of July 1, 1992." [1992 c 169 § 4.]
Effective date—1991 c 142 §§ 9-11: "Sections 9 through 11 of this
act shall take effect January 1, 1992." [1991 c 142 § 13.]
Severability—1991 c 142: See RCW 82.32A.900.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
82.32.060 Excess payment of tax, penalty, or
interest—Credit or refund—Payment of judgments for
refund. (1) If, upon receipt of an application by a taxpayer
for a refund or for an audit of the taxpayer’s records, or
upon an examination of the returns or records of any
taxpayer, it is determined by the department that within the
statutory period for assessment of taxes, penalties, or interest
prescribed by RCW 82.32.050 any amount of tax, penalty,
or interest has been paid in excess of that properly due, the
excess amount paid within, or attributable to, such period
shall be credited to the taxpayer’s account or shall be
refunded to the taxpayer, at the taxpayer’s option. Except as
provided in subsections (2) and (3) of this section, no refund
or credit shall be made for taxes, penalties, or interest paid
more than four years prior to the beginning of the calendar
year in which the refund application is made or examination
of records is completed.
(2) The execution of a written waiver under RCW
82.32.050 or 82.32.100 shall extend the time for making a
refund or credit of any taxes paid during, or attributable to,
the years covered by the waiver if, prior to the expiration of
the waiver period, an application for refund of such taxes is
made by the taxpayer or the department discovers a refund
or credit is due.
(3) Notwithstanding the foregoing limitations there shall
be refunded or credited to taxpayers engaged in the perfor(2002 Ed.)
General Administrative Provisions
mance of United States government contracts or subcontracts
the amount of any tax paid, measured by that portion of the
amounts received from the United States, which the taxpayer
is required by contract or applicable federal statute to refund
or credit to the United States, if claim for such refund is
filed by the taxpayer with the department within one year of
the date that the amount of the refund or credit due to the
United States is finally determined and filed within four
years of the date on which the tax was paid: PROVIDED,
That no interest shall be allowed on such refund.
(4) Any such refunds shall be made by means of
vouchers approved by the department and by the issuance of
state warrants drawn upon and payable from such funds as
the legislature may provide. However, taxpayers who are
required to pay taxes by electronic funds transfer under
RCW 82.32.080 shall have any refunds paid by electronic
funds transfer.
(5) Any judgment for which a recovery is granted by
any court of competent jurisdiction, not appealed from, for
tax, penalties, and interest which were paid by the taxpayer,
and costs, in a suit by any taxpayer shall be paid in the same
manner, as provided in subsection (4) of this section, upon
the filing with the department of a certified copy of the order
or judgment of the court.
(a) Interest at the rate of three percent per annum shall
be allowed by the department and by any court on the
amount of any refund, credit, or other recovery allowed to a
taxpayer for taxes, penalties, or interest paid by the taxpayer
before January 1, 1992. This rate of interest shall apply for
all interest allowed through December 31, 1998. Interest allowed after December 31, 1998, shall be computed at the
rate as computed under RCW 82.32.050(2). The rate so
computed shall be adjusted on the first day of January of
each year for use in computing interest for that calendar
year.
(b) For refunds or credits of amounts paid or other
recovery allowed to a taxpayer after December 31, 1991, the
rate of interest shall be the rate as computed for assessments
under RCW 82.32.050(2) less one percent. This rate of
interest shall apply for all interest allowed through December
31, 1998. Interest allowed after December 31, 1998, shall be
computed at the rate as computed under RCW 82.32.050(2).
The rate so computed shall be adjusted on the first day of
January of each year for use in computing interest for that
calendar year. [1999 c 358 § 13; 1997 c 157 § 2; 1992 c
169 § 2; 1991 c 142 § 10; 1990 c 69 § 1; 1989 c 378 § 20;
1979 ex.s. c 95 § 4; 1971 ex.s. c 299 § 17; 1965 ex.s. c 173
§ 27; 1963 c 22 § 1; 1961 c 15 § 82.32.060. Prior: 1951
1st ex.s. c 9 § 6; 1949 c 228 § 21; 1935 c 180 § 189; Rem.
Supp. 1949 § 8370-189.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Effective date—Applicability—1992 c 169: See note following
RCW 82.32.050.
Effective date—1991 c 142 §§ 9-11: See note following RCW
82.32.050.
Severability—1991 c 142: See RCW 82.32A.900.
Effective date—1990 c 69: "This act shall take effect January 1,
1991." [1990 c 69 § 5.]
Severability—1990 c 69: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 69 § 4.]
(2002 Ed.)
82.32.060
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
82.32.062 Additional offset for excess payment of
sales tax. In addition to the procedure set forth in RCW
82.32.060 and as an exception to the four-year period
explicitly set forth in RCW 82.32.060, an offset for a tax
that has been paid in excess of that properly due may be
taken under the following conditions: (1) The tax paid in
excess of that properly due was sales tax paid on the
purchase of property acquired for leasing; (2) the taxpayer
was at the time of purchase entitled to purchase the property
at wholesale under RCW 82.04.060; and (3) the taxpayer
substantiates that sales tax was paid at the time of purchase
and that there was no intervening use of the equipment by
the taxpayer. The offset is applied to and reduced by the
amount of retail sales tax otherwise due from the beginning
of lease of the property until the offset is extinguished.
[2002 c 57 § 1.]
82.32.065 Tax refund to consumer under new
motor vehicle warranty laws—Credit or refund to new
motor vehicle manufacturer. If a manufacturer makes a
refund of sales tax to a consumer upon return of a new
motor vehicle under chapter 19.118 RCW, the department
shall credit or refund to the manufacturer the amount of the
tax refunded, upon receipt of documentation as required by
the department. [1987 c 344 § 16.]
Effective dates—Severability—1987 c 344: See RCW 19.118.900
and 19.118.902.
82.32.070 Records to be preserved—Examination—
Estoppel to question assessment—Unified business
identifier account number records. (1) Every person liable
for any fee or tax imposed by chapters 82.04 through 82.27
RCW shall keep and preserve, for a period of five years,
suitable records as may be necessary to determine the
amount of any tax for which he may be liable, which records
shall include copies of all federal income tax and state tax
returns and reports made by him. All his books, records,
and invoices shall be open for examination at any time by
the department of revenue. In the case of an out-of-state
person or concern which does not keep the necessary books
and records within this state, it shall be sufficient if it
produces within the state such books and records as shall be
required by the department of revenue, or permits the
examination by an agent authorized or designated by the
department of revenue at the place where such books and
records are kept. Any person who fails to comply with the
requirements of this section shall be forever barred from
questioning, in any court action or proceedings, the correctness of any assessment of taxes made by the department of
revenue based upon any period for which such books,
records, and invoices have not been so kept and preserved.
(2) A person liable for any fee or tax imposed by
chapters 82.04 through 82.27 RCW who contracts with
another person or entity for work subject to chapter 18.27 or
19.28 RCW shall obtain and preserve a record of the unified
business identifier account number for the person or entity
performing the work. Failure to obtain or maintain the
record is subject to RCW 39.06.010 and to a penalty deter[Title 82 RCW—page 161]
82.32.070
Title 82 RCW: Excise Taxes
mined by the director, but not to exceed two hundred fifty
dollars. The department shall notify the taxpayer and collect
the penalty in the same manner as penalties under RCW
82.32.100. [1999 c 358 § 14; 1997 c 54 § 4; 1983 c 3 §
221; 1967 ex.s. c 89 § 2; 1961 c 15 § 82.32.070. Prior:
1951 1st ex.s. c 9 § 7; 1935 c 180 § 190; RRS § 8370-190.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
82.32.080 Payment by check—Electronic funds
transfer—Rules—Mailing returns or remittances—Time
extension—Deposits—Records—Payment must accompany return. Payment of the tax may be made by uncertified
check under such regulations as the department shall
prescribe, but, if a check so received is not paid by the bank
on which it is drawn, the taxpayer, by whom such check is
tendered, shall remain liable for payment of the tax and for
all legal penalties, the same as if such check had not been
tendered.
Payment of the tax shall be made by electronic funds
transfer, as defined in RCW 82.32.085, if the amount of the
tax due in a calendar year is one million eight hundred
thousand dollars or more. The department may by rule
provide for tax thresholds between two hundred forty
thousand dollars and one million eight hundred thousand
dollars for mandatory use of electronic funds transfer. All
taxes administered by this chapter are subject to this requirement except the taxes authorized by chapters 82.14A,
82.14B, 82.24, 82.27, 82.29A, and 84.33 RCW. It is the
intent of this section to require electronic funds transfer for
those taxes reported on the department’s combined excise tax
return or any successor return.
A return or remittance which is transmitted to the
department by United States mail shall be deemed filed or
received on the date shown by the post office cancellation
mark stamped upon the envelope containing it, except as
otherwise provided in this chapter. The department is
authorized to allow electronic filing of returns or remittances
from any taxpayer. A return or remittance which is
transmitted to the department electronically shall be deemed
filed or received according to procedures set forth by the
department.
The department, for good cause shown, may extend the
time for making and filing any return, and may grant such
reasonable additional time within which to make and file
returns as it may deem proper, but any permanent extension
granting the taxpayer a reporting date without penalty more
than ten days beyond the due date, and any extension in
excess of thirty days shall be conditional on deposit with the
department of an amount to be determined by the department
which shall be approximately equal to the estimated tax
liability for the reporting period or periods for which the
extension is granted. In the case of a permanent extension
or a temporary extension of more than thirty days the deposit
shall be deposited within the state treasury with other tax
funds and a credit recorded to the taxpayer’s account which
may be applied to taxpayer’s liability upon cancellation of
the permanent extension or upon reporting of the tax liability
where an extension of more than thirty days has been
granted.
The department shall review the requirement for deposit
at least annually and may require a change in the amount of
[Title 82 RCW—page 162]
the deposit required when it believes that such amount does
not approximate the tax liability for the reporting period or
periods for which the extension is granted.
The department shall keep full and accurate records of
all funds received and disbursed by it. Subject to the
provisions of RCW 82.32.105 and 82.32.350, the department
shall apply the payment of the taxpayer first against penalties
and interest, and then upon the tax, without regard to any
direction of the taxpayer.
The department may refuse to accept any return which
is not accompanied by a remittance of the tax shown to be
due thereon. When such return is not accepted, the taxpayer
shall be deemed to have failed or refused to file a return and
shall be subject to the procedures provided in RCW
82.32.100 and to the penalties provided in RCW 82.32.090.
The above authority to refuse to accept a return shall not
apply when a return is timely filed and a timely payment has
been made by electronic funds transfer. [1999 c 357 § 3;
1997 c 156 § 3; 1990 c 69 § 2; 1971 ex.s. c 299 § 18; 1965
ex.s. c 141 § 2; 1963 ex.s. c 28 § 6; 1961 c 15 § 82.32.080.
Prior: 1951 1st ex.s. c 9 § 8; 1949 c 228 § 22; 1935 c 180
§ 191; Rem. Supp. 1949 § 8370-191.]
Intent—Effective date—1999 c 357: See notes following RCW
82.32.045.
Severability—Effective date—1990 c 69: See notes following RCW
82.32.060.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
Tax returns, remittances, etc., filing and receipt when transmitted by mail:
RCW 1.12.070.
82.32.085 Electronic funds transfer—Generally.
"Electronic funds transfer" means any transfer of funds,
other than a transaction originated by check, drafts, or
similar paper instrument, which is initiated through an
electronic terminal, telephonic instrument, or computer or
magnetic tape so as to order, instruct, or authorize a financial
institution to debit or credit an account.
The electronic funds transfer is to be completed so that
the state receives collectible funds on or before the next
banking day following the due date.
The department shall adopt rules necessary to implement
the provisions of RCW 82.32.080 and this section. The
rules shall include but are not limited to: (1) Coordinating
the filing of tax returns with payment by electronic funds
transfer; (2) form and content of electronic funds transfer;
(3) voluntary use of electronic funds transfer with permission
of the department; (4) use of commonly accepted means of
electronic funds transfer; (5) means of crediting and recording proof of payment; and (6) means of correcting errors in
transmission. Any changes in the threshold of tax shall be
implemented with a separate rule-making procedure. [1990
c 69 § 3.]
Severability—Effective date—1990 c 69: See notes following RCW
82.32.060.
82.32.087 Direct pay permits. (1) The director may
grant a direct pay permit to a taxpayer who demonstrates, to
the satisfaction of the director, that the taxpayer meets the
requirements of this section. The direct pay permit allows
the taxpayer to accrue and remit directly to the department
use tax on the acquisition of tangible personal property or
(2002 Ed.)
General Administrative Provisions
sales tax on the sale of or charges made for labor and/or
services, in accordance with all of the applicable provisions
of this title. Any taxpayer that uses a direct pay permit shall
remit state and local sales or use tax directly to the department. The agreement by the purchaser to remit tax directly
to the department, rather than pay sales or use tax to the
seller, relieves the seller of the obligation to collect sales or
use tax and requires the buyer to pay use tax on the tangible
personal property and sales tax on the sale of or charges
made for labor and/or services.
(2)(a) A taxpayer may apply for a permit under this
section if the taxpayer (i) is subject to mandatory use of
electronic funds transfer under RCW 82.32.080; or (ii)
makes purchases subject to the taxes imposed under chapter
82.08 or 82.12 RCW in excess of ten million dollars per
calendar year.
(b) Application for a permit must be made in writing to
the director in a form and manner prescribed by the department. A taxpayer who transacts business in two or more
locations may submit one application to cover the multiple
locations.
(c) The director shall review a direct pay permit
application in a timely manner and shall notify the applicant,
in writing, of the approval or denial of the application. The
department shall approve or deny an application based on the
applicant's ability to comply with local government use tax
coding capabilities and responsibilities; requirements for
vendor notification; recordkeeping obligations; electronic
data capabilities; and tax reporting procedures. Additionally,
an application may be denied if the director determines that
denial would be in the best interest of collecting taxes due
under this title. The department shall provide a direct pay
permit to an approved applicant with the notice of approval.
The direct pay permit shall clearly state that the holder is
solely responsible for the accrual and payment of the tax
imposed under chapters 82.08 and 82.12 RCW and that the
seller is relieved of liability to collect tax imposed under
chapters 82.08 and 82.12 RCW on all sales to the direct pay
permit holder. The taxpayer may petition the director for
reconsideration of a denial.
(d) A taxpayer who uses a direct pay permit must
continue to maintain records that are necessary to a determination of the tax liability in accordance with this title. A
direct pay permit is not transferable and the use of a direct
pay permit may not be assigned to a third party.
(3) Taxes for which the direct pay permit is used are
due and payable on the tax return for the reporting period in
which the taxpayer (a) receives the tangible personal
property purchased or in which the labor and/or services are
performed or (b) receives an invoice for such property or
such labor and/or services, whichever period is earlier.
(4) The holder of a direct pay permit shall furnish a
copy of the direct pay permit to each vendor with whom the
taxpayer has opted to use a direct pay permit. Sellers who
make sales upon which the sales or use tax is not collected
by reason of the provisions of this section, in addition to
existing requirements under this title, shall maintain a copy
of the direct pay permit and any such records or information
as the department may specify.
(5) A direct pay permit is subject to revocation by the
director at any time the department determines that the
taxpayer has violated any provision of this section or that
(2002 Ed.)
82.32.087
revocation would be in the best interests of collecting the
taxes due under this title. The notice of revocation must be
in writing and is effective either as of the end of the
taxpayer’s next normal reporting period or a date deemed
appropriate by the director and identified in the revocation
notice. The taxpayer may petition the director for reconsideration of a revocation and reinstatement of the permit.
(6) Any taxpayer who chooses to no longer use a direct
pay permit or whose permit is revoked by the department,
shall return the permit to the department and immediately
make a good faith effort to notify all vendors to whom the
permit was given, advising them that the permit is no longer
valid.
(7) Except as provided in this subsection, the direct pay
permit may be used for any purchase of tangible personal
property and any retail sale under RCW 82.04.050. The
direct pay permit may not be used for:
(a) Purchases of meals or beverages;
(b) Purchases of motor vehicles, trailers, boats, airplanes, and other property subject to requirements for title
transactions by the department of licensing;
(c) Purchases for which a resale certificate may be used;
(d) Purchases that meet the definitions of RCW
82.04.050 (2)(e) and (f), (3)(a) through (d), (f), and (g), and
(5); or
(e) Other activities subject to tax under chapter 82.08 or
82.12 RCW that the department by rule designates, consistent with the purposes of this section, as activities for which
a direct pay permit is not appropriate and may not be used.
[2001 c 188 § 2.]
Finding—Intent—2001 c 188: "The legislature finds that programs
to allow buyers to remit sales and use tax, rather than traditional collection
and remittance by the seller of sales and use tax, can assist in tax compliance, ease administrative burdens, and reduce impacts on buyers and sellers.
It is the intent of the legislature to grant the department of revenue the
authority to permit certain buyers direct payment authority of tax in those
instances where it can be shown, to the satisfaction of the department, that
direct payment does not burden sellers and does not complicate administration for the department. Buyers authorized for direct payment will remit tax
directly to the department, and will pay use tax on tangible personal
property and sales tax on retail labor and/or services.
This act does not affect the requirements to use a resale certificate nor
does it affect the business and occupation tax treatment of the seller."
[2001 c 188 § 1.]
Effective date—2001 c 188: "This act takes effect August 1, 2001."
[2001 c 188 § 7.]
82.32.090 Late payment—Disregard of written
instructions—Evasion—Penalties. (1) If payment of any
tax due on a return to be filed by a taxpayer is not received
by the department of revenue by the due date, there shall be
assessed a penalty of five percent of the amount of the tax;
and if the tax is not received on or before the last day of the
month following the due date, there shall be assessed a total
penalty of ten percent of the amount of the tax; and if the
tax is not received on or before the last day of the second
month following the due date, there shall be assessed a total
penalty of twenty percent of the amount of the tax. No
penalty so added shall be less than five dollars.
(2) If payment of any tax assessed by the department of
revenue is not received by the department by the due date
specified in the notice, or any extension thereof, the department shall add a penalty of ten percent of the amount of the
[Title 82 RCW—page 163]
82.32.090
Title 82 RCW: Excise Taxes
additional tax found due. No penalty so added shall be less
than five dollars.
(3) If a warrant be issued by the department of revenue
for the collection of taxes, increases, and penalties, there
shall be added thereto a penalty of five percent of the
amount of the tax, but not less than ten dollars.
(4) If the department finds that all or any part of a
deficiency resulted from the disregard of specific written
instructions as to reporting or tax liabilities, the department
shall add a penalty of ten percent of the amount of the
additional tax found due because of the failure to follow the
instructions. A taxpayer disregards specific written instructions when the department of revenue has informed the
taxpayer in writing of the taxpayer’s tax obligations and the
taxpayer fails to act in accordance with those instructions
unless the department has not issued final instructions
because the matter is under appeal pursuant to this chapter
or departmental regulations. The department shall not assess
the penalty under this section upon any taxpayer who has
made a good faith effort to comply with the specific written
instructions provided by the department to that taxpayer.
Specific written instructions may be given as a part of a tax
assessment, audit, determination, or closing agreement,
provided that such specific written instructions shall apply
only to the taxpayer addressed or referenced on such
documents. Any specific written instructions by the department of revenue shall be clearly identified as such and shall
inform the taxpayer that failure to follow the instructions
may subject the taxpayer to the penalties imposed by this
subsection.
(5) If the department finds that all or any part of the
deficiency resulted from an intent to evade the tax payable
hereunder, a further penalty of fifty percent of the additional
tax found to be due shall be added.
(6) The aggregate of penalties imposed under subsections (1), (2), and (3) of this section shall not exceed thirtyfive percent of the tax due, or twenty dollars, whichever is
greater. This subsection does not prohibit or restrict the
application of other penalties authorized by law.
(7) The department of revenue may not impose both the
evasion penalty and the penalty for disregarding specific
written instructions on the same tax found to be due.
(8) For the purposes of this section, "return" means any
document a person is required by the state of Washington to
file to satisfy or establish a tax or fee obligation that is
administered or collected by the department of revenue, and
that has a statutorily defined due date. [2000 c 229 § 7;
1999 c 277 § 11; 1996 c 149 § 15; 1992 c 206 § 3; 1991 c
142 § 11; 1987 c 502 § 9; 1983 2nd ex.s. c 3 § 23; 1983 c
7 § 32; 1981 c 172 § 8; 1981 c 7 § 2; 1971 ex.s. c 179 § 1;
1967 ex.s. c 149 § 26; 1965 ex.s. c 141 § 3; 1963 ex.s. c 28
§ 7; 1961 c 15 § 82.32.090. Prior: 1959 c 197 § 12; 1955
c 110 § 1; 1951 1st ex.s. c 9 § 9; 1949 c 228 § 23; 1937 c
227 § 18; 1935 c 180 § 192; Rem. Supp. 1949 § 8370-192.]
Effective date—2000 c 229: See note following RCW 46.16.010.
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Effective date—1992 c 206: See note following RCW 82.04.170.
Effective date—1991 c 142 §§ 9-11: See note following RCW
82.32.050.
Severability—1991 c 142: See RCW 82.32A.900.
[Title 82 RCW—page 164]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
Effective dates—1981 c 172: See note following RCW 82.04.240.
Effective date—1981 c 7: See note following RCW 82.32.045.
Construction—1971 ex.s. c 179: "This 1971 amendatory act shall
apply only to taxes becoming due and payable in June, 1971 and thereafter."
[1971 ex.s. c 179 § 2.]
82.32.100 Failure to file returns or provide records—Assessment of tax by department—Penalties and
interest. (1) If any person fails or refuses to make any
return or to make available for examination the records
required by this chapter, the department shall proceed, in
such manner as it may deem best, to obtain facts and
information on which to base its estimate of the tax; and to
this end the department may examine the records of any
such person as provided in RCW 82.32.110.
(2) As soon as the department procures such facts and
information as it is able to obtain upon which to base the
assessment of any tax payable by any person who has failed
or refused to make a return, it shall proceed to determine
and assess against such person the tax and any applicable
penalties or interest due, but such action shall not deprive
such person from appealing the assessment as provided in
this chapter. The department shall notify the taxpayer by
mail of the total amount of such tax, penalties, and interest,
and the total amount shall become due and shall be paid
within thirty days from the date of such notice.
(3) No assessment or correction of an assessment may
be made by the department more than four years after the
close of the tax year, except (a) against a taxpayer who has
not registered as required by this chapter, (b) upon a
showing of fraud or of misrepresentation of a material fact
by the taxpayer, or (c) where a taxpayer has executed a
written waiver of such limitation. The execution of a written
waiver shall also extend the period for making a refund or
credit as provided in RCW 82.32.060(2). [1992 c 169 § 3;
1989 c 378 § 21; 1971 ex.s. c 299 § 20; 1965 ex.s. c 141 §
4; 1961 c 15 § 82.32.100. Prior: 1951 1st ex.s. c 9 § 10;
1935 c 180 § 194; RRS § 8370-194.]
Effective date—Applicability—1992 c 169: See note following
RCW 82.32.050.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
82.32.105 Waiver or cancellation of penalties or
interest—Rules. (1) If the department of revenue finds that
the payment by a taxpayer of a tax less than that properly
due or the failure of a taxpayer to pay any tax by the due
date was the result of circumstances beyond the control of
the taxpayer, the department of revenue shall waive or
cancel any penalties imposed under this chapter with respect
to such tax.
(2) The department shall waive or cancel the penalty
imposed under RCW 82.32.090(1) when the circumstances
under which the delinquency occurred do not qualify for
waiver or cancellation under subsection (1) of this section if:
(a) The taxpayer requests the waiver for a tax return
required to be filed under RCW 82.32.045, 82.14B.061,
82.23B.020, 82.27.060, 82.29A.050, or 84.33.086; and
(2002 Ed.)
General Administrative Provisions
(b) The taxpayer has timely filed and remitted payment
on all tax returns due for that tax program for a period of
twenty-four months immediately preceding the period
covered by the return for which the waiver is being requested.
(3) The department shall waive or cancel interest
imposed under this chapter if:
(a) The failure to timely pay the tax was the direct
result of written instructions given the taxpayer by the
department; or
(b) The extension of a due date for payment of an
assessment of deficiency was not at the request of the
taxpayer and was for the sole convenience of the department.
(4) The department of revenue shall adopt rules for the
waiver or cancellation of penalties and interest imposed by
this chapter. [1998 c 304 § 13; 1996 c 149 § 17; 1975 1st
ex.s. c 278 § 78; 1965 ex.s. c 141 § 8.]
Findings—Effective dates—1998 c 304: See notes following RCW
82.14B.020.
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.110 Examination of books or records—
Subpoenas—Contempt of court. The department of
revenue or its duly authorized agent may examine any books,
papers, records, or other data, or stock of merchandise
bearing upon the amount of any tax payable or upon the
correctness of any return, or for the purpose of making a
return where none has been made, or in order to ascertain
whether a return should be made; and may require the
attendance of any person at a time and place fixed in a
summons served by any sheriff in the same manner as a
subpoena is served in a civil case, or served in like manner
by an agent of the department of revenue.
The persons summoned may be required to testify and
produce any books, papers, records, or data required by the
department with respect to any tax, or the liability of any
person therefor.
The director of the department of revenue, or any duly
authorized agent thereof, shall have power to administer an
oath to the person required to testify; and any person giving
false testimony after the administration of such oath shall be
guilty of perjury in the first degree.
If any person summoned as a witness before the
department, or its authorized agent, fails or refuses to obey
the summons, or refuses to testify or answer any material
questions, or to produce any book, record, paper, or data
when required to do so, the person is subject to proceedings
for contempt, and the department shall thereupon institute
contempt of court proceedings in the superior court of
Thurston county or of the county in which such person resides. [1989 c 373 § 27; 1975 1st ex.s. c 278 § 79; 1961 c
15 § 82.32.110. Prior: 1935 c 180 § 194; RRS § 8370194.]
Severability—1989 c 373: See RCW 7.21.900.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.105
department of revenue, and such officers as he may designate shall have the power to administer an oath to any
person or to take the acknowledgment of any person with
respect to any return or report required by law or the rules
and regulations of the department of revenue. [1975 1st
ex.s. c 278 § 80; 1961 c 15 § 82.32.120. Prior: 1935 c 180
§ 195; RRS § 8370-195.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.130 Notice and orders—Service. Notwithstanding any other law, any notice or order required by this
title to be mailed to any taxpayer may be served in the manner prescribed by law for personal service of summons and
complaint in the commencement of actions in the superior
courts of the state, but if the notice or order is mailed, it
shall be addressed to the address of the taxpayer as shown
by the records of the department of revenue, or, if no such
address is shown, to such address as the department is able
to ascertain by reasonable effort. Failure of the taxpayer to
receive such notice or order whether served or mailed shall
not release the taxpayer from any tax or any increases or
penalties thereon. [1979 ex.s. c 95 § 2; 1975 1st ex.s. c 278
§ 81; 1967 c 237 § 20; 1961 c 15 § 82.32.130. Prior: 1935
c 180 § 196; RRS § 8370-196.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.140 Taxpayer quitting business—Liability of
successor. Whenever any taxpayer quits business, or sells
out, exchanges, or otherwise disposes of his business or his
stock of goods, any tax payable hereunder shall become
immediately due and payable, and such taxpayer shall,
within ten days thereafter, make a return and pay the tax
due; and any person who becomes a successor shall become
liable for the full amount of the tax and withhold from the
purchase price a sum sufficient to pay any tax due from the
taxpayer until such time as the taxpayer shall produce a
receipt from the department of revenue showing payment in
full of any tax due or a certificate that no tax is due and, if
such tax is not paid by the taxpayer within ten days from the
date of such sale, exchange, or disposal, the successor shall
become liable for the payment of the full amount of tax, and
the payment thereof by such successor shall, to the extent
thereof, be deemed a payment upon the purchase price, and
if such payment is greater in amount than the purchase price
the amount of the difference shall become a debt due such
successor from the taxpayer.
No successor shall be liable for any tax due from the
person from whom he has acquired a business or stock of
goods if he gives written notice to the department of revenue
of such acquisition and no assessment is issued by the
department of revenue within six months of receipt of such
notice against the former operator of the business and a copy
thereof mailed to such successor. [1985 c 414 § 7; 1975 1st
ex.s. c 278 § 82; 1961 c 15 § 82.32.140. Prior: 1957 c 88
§ 1; 1935 c 180 § 197; RRS § 8370-197.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.120 Oaths and acknowledgments. All officers
empowered by law to administer oaths, the director of the
(2002 Ed.)
[Title 82 RCW—page 165]
82.32.145
Title 82 RCW: Excise Taxes
82.32.145 Termination, dissolution, or abandonment
of corporate or limited liability business—Personal
liability of person in control of collected sales tax funds.
(1) Upon termination, dissolution, or abandonment of a corporate or limited liability company business, any officer,
member, manager, or other person having control or supervision of retail sales tax funds collected and held in trust under
RCW 82.08.050, or who is charged with the responsibility
for the filing of returns or the payment of retail sales tax
funds collected and held in trust under RCW 82.08.050, shall
be personally liable for any unpaid taxes and interest and
penalties on those taxes, if such officer or other person
wilfully fails to pay or to cause to be paid any taxes due
from the corporation pursuant to chapter 82.08 RCW. For
the purposes of this section, any retail sales taxes that have
been paid but not collected shall be deductible from the
retail sales taxes collected but not paid.
For purposes of this subsection "wilfully fails to pay or
to cause to be paid" means that the failure was the result of
an intentional, conscious, and voluntary course of action.
(2) The officer, member or manager, or other person
shall be liable only for taxes collected which became due
during the period he or she had the control, supervision,
responsibility, or duty to act for the corporation described in
subsection (1) of this section, plus interest and penalties on
those taxes.
(3) Persons liable under subsection (1) of this section
are exempt from liability in situations where nonpayment of
the retail sales tax funds held in trust is due to reasons
beyond their control as determined by the department by
rule.
(4) Any person having been issued a notice of assessment under this section is entitled to the appeal procedures
under RCW 82.32.160, 82.32.170, 82.32.180, 82.32.190, and
82.32.200.
(5) This section applies only in situations where the
department has determined that there is no reasonable means
of collecting the retail sales tax funds held in trust directly
from the corporation.
(6) This section does not relieve the corporation or
limited liability company of other tax liabilities or otherwise
impair other tax collection remedies afforded by law.
(7) Collection authority and procedures prescribed in
this chapter apply to collections under this section. [1995 c
318 § 2; 1987 c 245 § 1.]
Effective date—1995 c 318: See note following RCW 82.04.030.
82.32.150 Contest of tax—Prepayment required—
Restraining orders and injunctions barred. All taxes,
penalties, and interest shall be paid in full before any action
may be instituted in any court to contest all or any part of
such taxes, penalties, or interest. No restraining order or
injunction shall be granted or issued by any court or judge
to restrain or enjoin the collection of any tax or penalty or
any part thereof, except upon the ground that the assessment
thereof was in violation of the Constitution of the United
States or that of the state. [1961 c 15 § 82.32.150. Prior:
1935 c 180 § 198; RRS § 8370-198.]
82.32.160 Correction of tax—Administrative
procedure—Conference—Determination by department.
[Title 82 RCW—page 166]
Any person having been issued a notice of additional taxes,
delinquent taxes, interest, or penalties assessed by the department, may within thirty days after the issuance of the
original notice of the amount thereof or within the period
covered by any extension of the due date thereof granted by
the department petition the department in writing for a
correction of the amount of the assessment, and a conference
for examination and review of the assessment. The petition
shall set forth the reasons why the correction should be
granted and the amount of the tax, interest, or penalties,
which the petitioner believes to be due. The department
shall promptly consider the petition and may grant or deny
it. If denied, the petitioner shall be notified by mail thereof
forthwith. If a conference is granted, the department shall
fix the time and place therefor and notify the petitioner
thereof by mail. After the conference the department may
make such determination as may appear to it to be just and
lawful and shall mail a copy of its determination to the
petitioner. If no such petition is filed within the thirty-day
period the assessment covered by the notice shall become
final.
The procedures provided for herein shall apply also to
a notice denying, in whole or in part, an application for a
pollution control tax exemption and credit certificate, with
such modifications to such procedures established by
departmental rules and regulations as may be necessary to
accommodate a claim for exemption or credit. [1989 c 378
§ 22; 1975 1st ex.s. c 158 § 4; 1967 ex.s. c 26 § 49; 1963
ex.s. c 28 § 8; 1961 c 15 § 82.32.160. Prior: 1939 c 225 §
29, part; 1935 c 180 § 199, part; RRS § 8370-199, part.]
Effective date—1975 1st ex.s. c 158: See note following RCW
82.34.050.
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
82.32.170 Reduction of tax after payment—
Petition—Conference—Determination by department.
Any person, having paid any tax, original assessment,
additional assessment, or corrected assessment of any tax,
may apply to the department within the time limitation for
refund provided in this chapter, by petition in writing for a
correction of the amount paid, and a conference for examination and review of the tax liability, in which petition he shall
set forth the reasons why the conference should be granted,
and the amount in which the tax, interest, or penalty, should
be refunded. The department shall promptly consider the
petition, and may grant or deny it. If denied, the petitioner
shall be notified by mail thereof forthwith; if a conference is
granted, the department shall notify the petitioner by mail of
the time and place fixed therefor. After the hearing the
department may make such determination as may appear to
it just and lawful, and shall mail a copy of its determination
to the petitioner. [1967 ex.s. c 26 § 50; 1961 c 15 §
82.32.170. Prior: 1951 1st ex.s. c 9 § 11; 1939 c 225 § 29,
part; 1935 c 180 § 199, part; RRS § 8370-199, part.]
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
82.32.180 Court appeal—Procedure. Any person,
except one who has failed to keep and preserve books,
records, and invoices as required in this chapter and chapter
82.24 RCW, having paid any tax as required and feeling
aggrieved by the amount of the tax may appeal to the
(2002 Ed.)
General Administrative Provisions
superior court of Thurston county, within the time limitation
for a refund provided in chapter 82.32 RCW or, if an
application for refund has been made to the department
within that time limitation, then within thirty days after rejection of the application, whichever time limitation is later.
In the appeal the taxpayer shall set forth the amount of the
tax imposed upon the taxpayer which the taxpayer concedes
to be the correct tax and the reason why the tax should be
reduced or abated. The appeal shall be perfected by serving
a copy of the notice of appeal upon the department within
the time herein specified and by filing the original thereof
with proof of service with the clerk of the superior court of
Thurston county.
The trial in the superior court on appeal shall be de
novo and without the necessity of any pleadings other than
the notice of appeal. At trial, the burden shall rest upon the
taxpayer to prove that the tax as paid by the taxpayer is
incorrect, either in whole or in part, and to establish the correct amount of the tax. In such proceeding the taxpayer
shall be deemed the plaintiff, and the state, the defendant;
and both parties shall be entitled to subpoena the attendance
of witnesses as in other civil actions and to produce evidence
that is competent, relevant, and material to determine the
correct amount of the tax that should be paid by the taxpayer. Either party may seek appellate review in the same
manner as other civil actions are appealed to the appellate
courts.
It shall not be necessary for the taxpayer to protest
against the payment of any tax or to make any demand to
have the same refunded or to petition the director for a
hearing in order to appeal to the superior court, but no court
action or proceeding of any kind shall be maintained by the
taxpayer to recover any tax paid, or any part thereof, except
as herein provided.
The provisions of this section shall not apply to any tax
payment which has been the subject of an appeal to the
board of tax appeals with respect to which appeal a formal
hearing has been elected. [1997 c 156 § 4; 1992 c 206 § 4;
1989 c 378 § 23; 1988 c 202 § 67; 1971 c 81 § 148; 1967
ex.s. c 26 § 51; 1965 ex.s. c 141 § 5; 1963 ex.s. c 28 § 9;
1961 c 15 § 82.32.180. Prior: 1951 1st ex.s. c 9 § 12; 1939
c 225 § 29, part; 1935 c 180 § 199, part; RRS § 8370-199,
part.]
Effective date—1992 c 206: See note following RCW 82.04.170.
Severability—1988 c 202: See note following RCW 2.24.050.
Appeal to board of tax appeals, formal hearing: RCW 82.03.160.
82.32.190 Stay of collection pending suit—Interest.
(1) The department, by its order, may hold in abeyance the
collection of tax from any taxpayer or any group of taxpayers when a question bearing on their liability for tax hereunder is pending before the courts. The department may
impose such conditions as may be deemed just and equitable
and shall require the payment of interest at the rate of threequarters of one percent of the amount of the tax for each
thirty days or portion thereof from the date upon which such
tax became due until the date of payment.
(2) Interest imposed under this section for periods after
January 1, 1997, shall be computed on a daily basis at the
rate as computed under RCW 82.32.050(2). The rate so
computed shall be adjusted on the first day of January of
(2002 Ed.)
82.32.180
each year. Interest for taxes held in abeyance under this
section before January 1, 1997, but outstanding after January
1, 1997, shall not be recalculated but shall remain at
three-quarters of one percent per each thirty days or portion
thereof. [1996 c 149 § 3; 1971 ex.s. c 299 § 21; 1965 ex.s.
c 141 § 6; 1961 c 15 § 82.32.190. Prior: 1937 c 227 § 19;
1935 c 180 § 200; RRS § 8370-200.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
82.32.200 Stay of collection—Bond—Interest. (1)
When any assessment or additional assessment has been
made, the taxpayer may obtain a stay of collection, under
such circumstances and for such periods as the department
of revenue may by general regulation provide, of the whole
or any part thereof, by filing with the department a bond in
an amount, not exceeding twice the amount on which stay is
desired, and with sureties as the department deems necessary, conditioned for the payment of the amount of the
assessments, collection of which is stayed by the bond,
together with the interest thereon at the rate of one percent
of the amount of such assessment for each thirty days or
portion thereof from the date the bond is filed until the date
of payment.
(2) Interest imposed under this section after January 1,
1997, shall be computed on a daily basis on the amount of
tax at the rate as computed under RCW 82.32.050(2). The
rate so computed shall be adjusted on the first day of
January of each year. Interest for bonds filed before January
1, 1997, but outstanding after January 1, 1997, shall not be
recalculated but shall remain at one percent per each thirty
days or portion thereof. [1996 c 149 § 4; 1975 1st ex.s. c
278 § 83; 1961 c 15 § 82.32.200. Prior: 1935 c 180 § 201;
RRS § 8370-201.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.210 Tax warrant—Filing—Lien—Effect. (1)
If any fee, tax, increase, or penalty or any portion thereof is
not paid within fifteen days after it becomes due, the
department of revenue may issue a warrant in the amount of
such unpaid sums, together with interest thereon from the
date the warrant is issued until the date of payment. If,
however, the department of revenue believes that a taxpayer
is about to cease business, leave the state, or remove or
dissipate the assets out of which fees, taxes or penalties
might be satisfied and that any tax or penalty will not be
paid when due, it may declare the fee, tax or penalty to be
immediately due and payable and may issue a warrant
immediately.
(a) Interest imposed before January 1, 1999, shall be
computed at the rate of one percent of the amount of the
warrant for each thirty days or portion thereof.
(b) Interest imposed after December 31, 1998, shall be
computed on a daily basis on the amount of outstanding tax
or fee at the rate as computed under RCW 82.32.050(2).
The rate so computed shall be adjusted on the first day of
January of each year for use in computing interest for that
[Title 82 RCW—page 167]
82.32.210
Title 82 RCW: Excise Taxes
calendar year. As used in this subsection, "fee" does not
include an administrative filing fee such as a court filing fee
and warrant fee.
(2) The department shall file a copy of the warrant with
the clerk of the superior court of any county of the state in
which real and/or personal property of the taxpayer may be
found. The clerk is entitled to a filing fee under RCW
36.18.012(10). Upon filing, the clerk shall enter in the
judgment docket, the name of the taxpayer mentioned in the
warrant and in appropriate columns the amount of the fee,
tax or portion thereof and any increases and penalties for
which the warrant is issued and the date when the copy is
filed, and thereupon the amount of the warrant so docketed
shall become a specific lien upon all goods, wares, merchandise, fixtures, equipment, or other personal property
used in the conduct of the business of the taxpayer against
whom the warrant is issued, including property owned by
third persons who have a beneficial interest, direct or
indirect, in the operation of the business, and no sale or
transfer of the personal property in any way affects the lien.
(3) The lien shall not be superior, however, to bona fide
interests of third persons which had vested prior to the filing
of the warrant when the third persons do not have a beneficial interest, direct or indirect, in the operation of the
business, other than the securing of the payment of a debt or
the receiving of a regular rental on equipment. The phrase
"bona fide interests of third persons" does not include any
mortgage of real or personal property or any other credit
transaction that results in the mortgagee or the holder of the
security acting as trustee for unsecured creditors of the
taxpayer mentioned in the warrant who executed the chattel
or real property mortgage or the document evidencing the
credit transaction.
(4) The amount of the warrant so docketed shall
thereupon also become a lien upon the title to and interest in
all other real and personal property of the taxpayer against
whom it is issued the same as a judgment in a civil case
duly docketed in the office of the clerk. The warrant so
docketed shall be sufficient to support the issuance of writs
of garnishment in favor of the state in the manner provided
by law in the case of judgments wholly or partially unsatisfied. [2001 c 146 § 12; 1998 c 311 § 8; 1997 c 157 §
3; 1987 c 405 § 15; 1983 1st ex.s. c 55 § 8; 1967 ex.s. c 89
§ 3; 1961 c 15 § 82.32.210. Prior: 1955 c 389 § 38; prior:
1951 1st ex.s. c 9 § 13; 1949 c 228 § 225, part; 1937 c 227
§ 20, part; 1935 c 180 § 202, part; Rem. Supp. 1949 § 8370202, part.]
Severability—1987 c 405: See note following RCW 70.94.450.
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
82.32.215 Revocation of certificate of registration.
If any warrant issued under this chapter is not paid within
thirty days after it has been filed with the clerk of the
superior court, or if any taxpayer is delinquent, for three
consecutive reporting periods, in the transmission to the
department of revenue of retail sales tax collected by the
taxpayer, the department of revenue may, by order, revoke
the certificate of registration of the taxpayer against whom
the warrant was issued, and, if the order is entered, a copy
thereof shall be posted in a conspicuous place at the main
[Title 82 RCW—page 168]
entrance to the taxpayer’s place of business and shall remain
posted until such time as the warrant has been paid. Any
certificate so revoked shall not be reinstated, nor shall a new
certificate of registration be issued to the taxpayer, until the
amount due on the warrant has been paid, or provisions for
payment satisfactory to the department of revenue have been
entered, and until the taxpayer has deposited with the
department of revenue such security for payment of any
taxes, increases, and penalties, due or which may become
due in an amount and under such terms and conditions as the
department of revenue may require, but the amount of the
security shall not be greater than one-half the estimated
average annual liability of the taxpayer. [1998 c 311 § 9;
1983 1st ex.s. c 55 § 9.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
82.32.220 Execution of warrant—Levy upon
property—Satisfaction. The department of revenue may
issue an order of execution, pursuant to a filed warrant,
directed to the sheriff of the county in which the warrant has
been filed, commanding the sheriff to levy upon and sell the
real and/or personal property of the taxpayer found within
the sheriff’s county, or so much thereof as may be necessary, for the payment of the amount of the warrant, plus the
cost of executing the warrant, and return the warrant to the
department of revenue and pay to it the money collected by
virtue thereof within sixty days after the receipt of the
warrant. The sheriff shall thereupon proceed upon the same
in all respects and with like effect as prescribed by law with
respect to execution or other process issued against rights or
property upon judgments of the superior court.
The sheriff shall be entitled to fees as provided by law
for the sheriff’s services in levying execution on a superior
court judgment and the clerk shall be entitled to a filing fee
as provided by law, which shall be added to the amount of
the warrant.
The proceeds received from any sale shall be credited
upon the amount due under the warrant and when the final
amount due is received, together with interest, penalties, and
costs, the judgment docket shall show the claim for taxes to
be satisfied and the clerk of the court shall so note upon the
docket. Any surplus received from any sale of property
shall be paid to the taxpayer or to any lien holder entitled
thereto. If the return on the warrant shows that the same has
not been satisfied in full, the amount of the deficiency shall
remain the same as a judgment against the taxpayer which
may be collected in the same manner as the original amount
of the warrant. [1998 c 311 § 10; 1983 1st ex.s. c 55 § 10;
1961 c 304 § 6; 1961 c 15 § 82.32.220. Prior: 1955 c 389
§ 39; prior: 1951 1st ex.s. c 9 § 14; 1949 c 228 § 25, part;
1937 c 227 § 20, part; 1935 c 180 § 202, part; Rem. Supp.
1949 § 8370-202, part.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
Fee for filing tax warrant by county clerk: RCW 36.18.020.
82.32.230 Agent of the department of revenue may
execute. In the discretion of the department of revenue, an
order of execution of like terms, force, and effect may be
issued and directed to any agent of the department autho(2002 Ed.)
General Administrative Provisions
rized to collect taxes, and in the execution thereof such agent
shall have all the powers conferred by law upon sheriffs, but
shall not be entitled to any fee or compensation in excess of
the actual expenses paid in the performance of such duty,
which shall be added to the amount of the warrant. [1983
1st ex.s. c 55 § 11; 1975 1st ex.s. c 278 § 84; 1961 c 15 §
82.32.230. Prior: 1949 c 228 § 25, part; 1937 c 227 § 20,
part; 1935 c 180 § 202, part; Rem. Supp. 1949 § 8370-202,
part.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.235 Notice and order to withhold and deliver
property due or owned by taxpayer—Bond—Judgment
by default. In addition to the remedies provided in this
chapter the department is hereby authorized to issue to any
person, or to any political subdivision or department of the
state, a notice and order to withhold and deliver property of
any kind whatsoever when there is reason to believe that
there is in the possession of such person, political subdivision or department, property which is or shall become due,
owing, or belonging to any taxpayer against whom a warrant
has been filed.
The notice and order to withhold and deliver shall be
served by the sheriff of the county wherein the service is
made, or by his deputy, or by any duly authorized representative of the department, provided that service by such
persons may also be made by certified mail, with return
receipt requested, upon those persons, or political subdivision
or department, to whom the notice and order to withhold and
deliver is directed. Any person, or any political subdivision
or department upon whom service has been made is hereby
required to answer the notice within twenty days exclusive
of the day of service, under oath and in writing, and shall
make true answers to the matters inquired of in the notice.
In the event there is in the possession of any such
person or political subdivision or department, any property
which may be subject to the claim of the department, such
property shall be delivered forthwith to the department of
revenue or its duly authorized representative upon demand
to be held in trust by the department for application on the
indebtedness involved or for return, without interest, in
accordance with final determination of liability or
nonliability, or in the alternative, there shall be furnished a
good and sufficient bond satisfactory to the department
conditioned upon final determination of liability.
Should any person or political subdivision fail to make
answer to an order to withhold and deliver within the time
prescribed herein, it shall be lawful for the court, after the
time to answer such order has expired, to render judgment
by default against such person or political subdivision for the
full amount claimed by the department in the notice to
withhold and deliver, together with costs. [1987 c 208 § 1;
1975 1st ex.s. c 278 § 85; 1971 ex.s. c 299 § 22; 1963 ex.s.
c 28 § 11.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
(2002 Ed.)
82.32.230
82.32.237 Notice and order to withhold and deliver—Continuing lien—Effective date. Upon service, the
notice and order to withhold and deliver shall constitute a
continuing lien on property of the taxpayer and upon wages
due, owing, or belonging to the taxpayer. The department
shall include in the caption of the notice and order to
withhold and deliver "continuing lien." The effective date of
a notice and order to withhold and deliver served under
RCW 82.32.235 shall be the date of service thereof. [1987
c 208 § 2.]
82.32.240 Tax constitutes debt to the state—Priority
of lien. Any tax due and unpaid and all increases and
penalties thereon, shall constitute a debt to the state and may
be collected by court proceedings in the same manner as any
other debt in like amount, which remedy shall be in addition
to any and all other existing remedies.
In all cases of probate, insolvency, assignment for the
benefit of creditors, or bankruptcy, involving any taxpayer
who is, or decedent who was, engaging in business, the
claim of the state for said taxes and all increases and
penalties thereon shall be a lien upon all real and personal
property of the taxpayer, and the mere existence of such
cases or conditions shall be sufficient to create such lien
without any prior or subsequent action by the state, and in
all such cases it shall be the duty of all administrators,
executors, guardians, receivers, trustees in bankruptcy or
assignees for the benefit of creditors, to notify the department of revenue of such administration, receivership or assignment within sixty days from the date of their appointment and qualification.
The lien provided for by this section shall attach as of
the date of the assignment for the benefit of creditors or of
the initiation of the probate, insolvency, or bankruptcy
proceedings: PROVIDED, That this sentence shall not be
construed as affecting the validity or priority of any earlier
lien that may have attached previously in favor of the state
under any other section of this title.
Any administrator, executor, guardian, receiver or
assignee for the benefit of creditors not giving the notification as provided for above shall become personally liable for
payment of the taxes and all increases and penalties thereon
to the extent of the value of the property subject to administration that otherwise would have been available for the
payment of such taxes, increases, and penalties by the
administrator, executor, guardian, receiver, or assignee.
As used in this section, "probate" includes the
nonprobate claim settlement procedure under chapter 11.42
RCW, and "executor" and "administrator" includes any
notice agent acting under chapter 11.42 RCW. [1994 c 221
§ 69; 1988 c 64 § 21; 1975 1st ex.s. c 278 § 86; 1961 c 15
§ 82.32.240. Prior: 1949 c 228 § 26; 1935 c 180 § 203;
Rem. Supp. 1949 § 8370-203.]
Effective dates—1994 c 221: See note following RCW 11.94.070.
Captions—Severability—1988 c 64: See RCW 83.100.904 and
83.100.905.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.245 Search for and seizure of property—
Warrant—Procedure. (1) When there is probable cause to
[Title 82 RCW—page 169]
82.32.245
Title 82 RCW: Excise Taxes
believe that there is property within this state, not otherwise
exempt from process or execution, in the possession or
control of any taxpayer against whom a tax warrant has been
filed which remains unsatisfied, any judge of the superior
court or district court in the county in which such property
is located may, upon the request of the sheriff or agent of
the department authorized to collect taxes, issue a warrant
directed to such officers commanding the search for and
seizure of the property described in the request for warrant.
(2) Application for, issuance, and execution and return
of the warrant authorized by this section and for return of
any property seized shall be in accordance with the criminal
rules of the superior court and the justice court.
(3) The sheriff or agent of the department shall levy
execution upon property seized pursuant to this section as
provided in RCW 82.32.220 and 82.32.230.
(4) Nothing in this section shall require the application
for and issuance of any warrant not otherwise required by
law. [1985 c 414 § 3.]
82.32.260 Payment condition to dissolution or
withdrawal of corporation. In the case of any corporation
organized under the laws of this state, the courts shall not
enter or sign any decree of dissolution, nor shall the secretary of state file in his office any certificate of dissolution,
and in the case of any corporation organized under the laws
of another jurisdiction and admitted to do business in this
state, the secretary of state shall withhold the issuance of any
certificate of withdrawal, until proof, in the form of a
certificate from the department of revenue, has been furnished by the applicant for such dissolution or withdrawal,
that every license fee, tax, increase, or penalty has been paid
or provided for. [1975 1st ex.s. c 278 § 87; 1961 c 15 §
82.32.260. Prior: 1935 c 180 § 204; RRS § 8370-204.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.265 Use of collection agencies to collect taxes
outside the state. (1) The department may retain, by
written contract, collection agencies licensed under chapter
19.16 RCW or licensed under the laws of another state or
the District of Columbia for the purpose of collecting from
sources outside the state of Washington taxes including
interest and penalties thereon imposed under this title and
RCW 84.33.041.
(2) Only accounts represented by tax warrants filed in
the superior court of a county in the state as provided by
RCW 82.32.210 may be assigned to a collection agency, and
no such assignment may be made unless the department has
previously notified or has attempted to notify the taxpayer of
his or her right to petition for correction of assessment
within the time provided and in accordance with the procedures set forth in chapter 82.32 RCW.
(3) Collection agencies assigned accounts for collection
under this section shall have only those remedies and powers
that would be available to them as assignees of private
creditors. However, nothing in this section limits the right
to enforce the liability for taxes lawfully imposed under the
laws of this state in the courts of another state or the District
of Columbia as provided by the laws of such jurisdictions
and RCW 4.24.140 and 4.24.150.
[Title 82 RCW—page 170]
(4) The account of the taxpayer shall be credited with
the amounts collected by a collection agency before reduction for reasonable collection costs, including attorneys fees,
that the department is authorized to negotiate on a contingent
fee or other basis. [1987 c 80 § 5; 1985 c 414 § 4.]
82.32.270 Accounting period prescribed. The taxes
imposed hereunder, and the returns required therefor, shall
be upon a calendar year basis; but, if any taxpayer in
transacting his business, keeps books reflecting the same on
a basis other than the calendar year, he may, with consent of
the department of revenue, make his returns, and pay taxes
upon the basis of his accounting period as shown by the
method of keeping the books of his business. [1975 1st ex.s.
c 278 § 88; 1961 c 15 § 82.32.270. Prior: 1935 c 180 §
205; RRS § 8370-205.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.280 Tax declared additional. Taxes imposed
hereunder shall be in addition to any and all other licenses,
taxes, and excises levied or imposed by the state or any
municipal subdivision thereof. [1961 c 15 § 82.32.280.
Prior: 1935 c 180 § 206; RRS § 8370-206.]
82.32.290 Unlawful acts—Penalties. (1)(a) It shall
be unlawful:
(i) For any person to engage in business without having
obtained a certificate of registration as provided in this
chapter;
(ii) For the president, vice-president, secretary, treasurer,
or other officer of any company to cause or permit the
company to engage in business without having obtained a
certificate of registration as provided in this chapter;
(iii) For any person to tear down or remove any order
or notice posted by the department;
(iv) For any person to aid or abet another in any attempt
to evade the payment of any tax or any part thereof;
(v) For any purchaser to fraudulently sign a resale
certificate without intent to resell the property purchased; or
(vi) For any person to fail or refuse to permit the
examination of any book, paper, account, record, or other
data by the department or its duly authorized agent; or to fail
or refuse to permit the inspection or appraisal of any property by the department or its duly authorized agent; or to
refuse to offer testimony or produce any record as required.
(b) Any person violating any of the provisions of this
subsection (1) shall be guilty of a gross misdemeanor in
accordance with chapter 9A.20 RCW.
(2)(a) It shall be unlawful:
(i) For any person to engage in business after revocation
of a certificate of registration;
(ii) For the president, vice-president, secretary, treasurer,
or other officer of any company to cause or permit the
company to engage in business after revocation of a certificate of registration; or
(iii) For any person to make any false or fraudulent
return or false statement in any return, with intent to defraud
the state or evade the payment of any tax or part thereof.
(2002 Ed.)
General Administrative Provisions
(b) Any person violating any of the provisions of this
subsection (2) shall be guilty of a class C felony in accordance with chapter 9A.20 RCW.
(3) In addition to the foregoing penalties, any person
who knowingly swears to or verifies any false or fraudulent
return, or any return containing any false or fraudulent
statement with the intent aforesaid, shall be guilty of the offense of perjury in the second degree; and any company for
which a false return, or a return containing a false statement,
as aforesaid, is made, shall be punished, upon conviction
thereof, by a fine of not more than one thousand dollars. All
penalties or punishments provided in this section shall be in
addition to all other penalties provided by law. [1985 c 414
§ 2; 1975 1st ex.s. c 278 § 89; 1961 c 15 § 82.32.290.
Prior: 1935 c 180 § 207; RRS § 8370-207.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.291 Resale certificate, unlawful use—
Penalty—Rules. Any person who uses a resale certificate
to purchase items or services without payment of sales tax
and who is not entitled to use the certificate for the purchase
shall be assessed a penalty of fifty percent of the tax due, in
addition to all other taxes, penalties, and interest due, on the
improperly purchased item or service. The department may
waive the penalty imposed under this section if it finds that
the use of the certificate was due to circumstances beyond
the taxpayer’s control or if the certificate was properly used
for purchases for dual purposes. The department shall define
by rule what circumstances are considered to be beyond the
taxpayer’s control. [1993 sp.s. c 25 § 703.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Resale certificates: RCW 82.04.470 and 82.08.130.
82.32.300 Department of revenue to administer—
Chapters enforced by liquor control board. The administration of this and chapters 82.04 through 82.27 RCW
of this title is vested in the department of revenue which
shall prescribe forms and rules of procedure for the determination of the taxable status of any person, for the making of
returns and for the ascertainment, assessment and collection
of taxes and penalties imposed thereunder.
The department of revenue shall make and publish rules
and regulations, not inconsistent therewith, necessary to
enforce provisions of this chapter and chapters 82.02 through
82.23B and 82.27 RCW, and the liquor control board shall
make and publish rules necessary to enforce chapters 82.24
and 82.26 RCW, which shall have the same force and effect
as if specifically included therein, unless declared invalid by
the judgment of a court of record not appealed from.
The department may employ such clerks, specialists, and
other assistants as are necessary. Salaries and compensation
of such employees shall be fixed by the department and shall
be charged to the proper appropriation for the department.
The department shall exercise general supervision of the
collection of taxes and, in the discharge of such duty, may
institute and prosecute such suits or proceedings in the courts
as may be necessary and proper. [1997 c 420 § 9; 1983 c
3 § 222; 1975 1st ex.s. c 278 § 90; 1961 c 15 § 82.32.300.
Prior: 1935 c 180 § 208, part; RRS § 8370-208, part.]
(2002 Ed.)
82.32.290
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.310 Immunity of officers, agents, etc., of the
department of revenue acting in good faith. When
recovery is had in any suit or proceeding against an officer,
agent, or employee of the department of revenue for any act
done by him or for the recovery of any money exacted by or
paid to him and by him paid over to the department, in the
performance of his official duty, and the court certifies that
there was probable cause for the act done by such officer,
agent, or employee, or that he acted under the direction of
the department or an officer thereof, no execution shall issue
against such officer, agent, or employee, but the amount so
recovered shall, upon final judgment, be paid by the department as an expense of operation. [1975 1st ex.s. c 278 § 91;
1961 c 15 § 82.32.310. Prior: 1935 c 180 § 208, part; RRS
§ 8370-208, part.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.320 Revenue to state treasurer—Allocation
for return or payment for less than the full amount due.
The department of revenue, on the next business day
following the receipt of any payments hereunder, shall
transmit them to the state treasurer, taking his or her receipt
therefor. If a return or payment is submitted with less than
the full amount of all taxes, interest, and penalties due, the
department may allocate payments among applicable funds
so as to minimize administrative costs to the extent practicable. [1995 c 318 § 7; 1975 1st ex.s. c 278 § 92; 1961 c 15
§ 82.32.320. Prior: 1935 c 180 § 209; RRS § 8370-209.]
Effective date—1995 c 318: See note following RCW 82.04.030.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.330 Disclosure of return or tax information.
(1) For purposes of this section:
(a) "Disclose" means to make known to any person in
any manner whatever a return or tax information;
(b) "Return" means a tax or information return or claim
for refund required by, or provided for or permitted under,
the laws of this state which is filed with the department of
revenue by, on behalf of, or with respect to a person, and
any amendment or supplement thereto, including supporting
schedules, attachments, or lists that are supplemental to, or
part of, the return so filed;
(c) "Tax information" means (i) a taxpayer’s identity,
(ii) the nature, source, or amount of the taxpayer’s income,
payments, receipts, deductions, exemptions, credits, assets,
liabilities, net worth, tax liability deficiencies,
overassessments, or tax payments, whether taken from the
taxpayer’s books and records or any other source, (iii)
whether the taxpayer’s return was, is being, or will be
examined or subject to other investigation or processing, (iv)
a part of a written determination that is not designated as a
precedent and disclosed pursuant to RCW 82.32.410, or a
background file document relating to a written determination,
and (v) other data received by, recorded by, prepared by,
furnished to, or collected by the department of revenue with
respect to the determination of the existence, or possible
existence, of liability, or the amount thereof, of a person
[Title 82 RCW—page 171]
82.32.330
Title 82 RCW: Excise Taxes
under the laws of this state for a tax, penalty, interest, fine,
forfeiture, or other imposition, or offense: PROVIDED,
That data, material, or documents that do not disclose
information related to a specific or identifiable taxpayer do
not constitute tax information under this section. Except as
provided by RCW 82.32.410, nothing in this chapter shall
require any person possessing data, material, or documents
made confidential and privileged by this section to delete
information from such data, material, or documents so as to
permit its disclosure;
(d) "State agency" means every Washington state office,
department, division, bureau, board, commission, or other
state agency;
(e) "Taxpayer identity" means the taxpayer’s name,
address, telephone number, registration number, or any
combination thereof, or any other information disclosing the
identity of the taxpayer; and
(f) "Department" means the department of revenue or its
officer, agent, employee, or representative.
(2) Returns and tax information shall be confidential and
privileged, and except as authorized by this section, neither
the department of revenue nor any other person may disclose
any return or tax information.
(3) The foregoing, however, shall not prohibit the
department of revenue from:
(a) Disclosing such return or tax information in a civil
or criminal judicial proceeding or an administrative proceeding:
(i) In respect of any tax imposed under the laws of this
state if the taxpayer or its officer or other person liable under
Title 82 RCW is a party in the proceeding; or
(ii) In which the taxpayer about whom such return or
tax information is sought and another state agency are
adverse parties in the proceeding;
(b) Disclosing, subject to such requirements and
conditions as the director shall prescribe by rules adopted
pursuant to chapter 34.05 RCW, such return or tax information regarding a taxpayer to such taxpayer or to such person
or persons as that taxpayer may designate in a request for,
or consent to, such disclosure, or to any other person, at the
taxpayer’s request, to the extent necessary to comply with a
request for information or assistance made by the taxpayer
to such other person: PROVIDED, That tax information not
received from the taxpayer shall not be so disclosed if the
director determines that such disclosure would compromise
any investigation or litigation by any federal, state, or local
government agency in connection with the civil or criminal
liability of the taxpayer or another person, or that such
disclosure would identify a confidential informant, or that
such disclosure is contrary to any agreement entered into by
the department that provides for the reciprocal exchange of
information with other government agencies which agreement requires confidentiality with respect to such information unless such information is required to be disclosed to
the taxpayer by the order of any court;
(c) Disclosing the name of a taxpayer with a deficiency
greater than five thousand dollars and against whom a
warrant under RCW 82.32.210 has been either issued or filed
and remains outstanding for a period of at least ten working
days. The department shall not be required to disclose any
information under this subsection if a taxpayer: (i) Has been
issued a tax assessment; (ii) has been issued a warrant that
[Title 82 RCW—page 172]
has not been filed; and (iii) has entered a deferred payment
arrangement with the department of revenue and is making
payments upon such deficiency that will fully satisfy the
indebtedness within twelve months;
(d) Disclosing the name of a taxpayer with a deficiency
greater than five thousand dollars and against whom a
warrant under RCW 82.32.210 has been filed with a court of
record and remains outstanding;
(e) Publishing statistics so classified as to prevent the
identification of particular returns or reports or items thereof;
(f) Disclosing such return or tax information, for official
purposes only, to the governor or attorney general, or to any
state agency, or to any committee or subcommittee of the
legislature dealing with matters of taxation, revenue, trade,
commerce, the control of industry or the professions;
(g) Permitting the department of revenue’s records to be
audited and examined by the proper state officer, his or her
agents and employees;
(h) Disclosing any such return or tax information to a
peace officer as defined in RCW 9A.04.110 or county
prosecuting attorney, for official purposes. The disclosure
may be made only in response to a search warrant, subpoena, or other court order, unless the disclosure is for the
purpose of criminal tax enforcement. A peace officer or
county prosecuting attorney who receives the return or tax
information may disclose that return or tax information only
for use in the investigation and a related court proceeding,
or in the court proceeding for which the return or tax
information originally was sought;
(i) Disclosing any such return or tax information to the
proper officer of the internal revenue service of the United
States, the Canadian government or provincial governments
of Canada, or to the proper officer of the tax department of
any state or city or town or county, for official purposes, but
only if the statutes of the United States, Canada or its provincial governments, or of such other state or city or town
or county, as the case may be, grants substantially similar
privileges to the proper officers of this state;
(j) Disclosing any such return or tax information to the
Department of Justice, the Bureau of Alcohol, Tobacco and
Firearms of the Department of the Treasury, the Department
of Defense, the United States Customs Service, the Coast
Guard of the United States, and the United States Department of Transportation, or any authorized representative
thereof, for official purposes;
(k) Publishing or otherwise disclosing the text of a
written determination designated by the director as a precedent pursuant to RCW 82.32.410;
(l) Disclosing, in a manner that is not associated with
other tax information, the taxpayer name, entity type,
business address, mailing address, revenue tax registration
numbers, North American industry classification system or
standard industrial classification code of a taxpayer, and the
dates of opening and closing of business. This subsection
shall not be construed as giving authority to the department
to give, sell, or provide access to any list of taxpayers for
any commercial purpose;
(m) Disclosing such return or tax information that is
also maintained by another Washington state or local
governmental agency as a public record available for inspection and copying under the provisions of chapter 42.17 RCW
(2002 Ed.)
General Administrative Provisions
or is a document maintained by a court of record not
otherwise prohibited from disclosure;
(n) Disclosing such return or tax information to the
United States department of agriculture for the limited
purpose of investigating food stamp fraud by retailers;
(o) Disclosing to a financial institution, escrow company, or title company, in connection with specific real
property that is the subject of a real estate transaction,
current amounts due the department for a filed tax warrant,
judgment, or lien against the real property; or
(p) Disclosing to a person against whom the department
has asserted liability as a successor under RCW 82.32.140
return or tax information pertaining to the specific business
of the taxpayer to which the person has succeeded.
(4)(a) The department may disclose return or taxpayer
information to a person under investigation or during any
court or administrative proceeding against a person under
investigation as provided in this subsection (4). The disclosure must be in connection with the department’s official
duties relating to an audit, collection activity, or a civil or
criminal investigation. The disclosure may occur only when
the person under investigation and the person in possession
of data, materials, or documents are parties to the return or
tax information to be disclosed. The department may
disclose return or tax information such as invoices, contracts,
bills, statements, resale or exemption certificates, or checks.
However, the department may not disclose general ledgers,
sales or cash receipt journals, check registers, accounts
receivable/payable ledgers, general journals, financial
statements, expert’s workpapers, income tax returns, state tax
returns, tax return workpapers, or other similar data, materials, or documents.
(b) Before disclosure of any tax return or tax information under this subsection (4), the department shall, through
written correspondence, inform the person in possession of
the data, materials, or documents to be disclosed. The
correspondence shall clearly identify the data, materials, or
documents to be disclosed. The department may not
disclose any tax return or tax information under this subsection (4) until the time period allowed in (c) of this subsection has expired or until the court has ruled on any challenge
brought under (c) of this subsection.
(c) The person in possession of the data, materials, or
documents to be disclosed by the department has twenty
days from the receipt of the written request required under
(b) of this subsection to petition the superior court of the
county in which the petitioner resides for injunctive relief.
The court shall limit or deny the request of the department
if the court determines that:
(i) The data, materials, or documents sought for disclosure are cumulative or duplicative, or are obtainable from
some other source that is more convenient, less burdensome,
or less expensive;
(ii) The production of the data, materials, or documents
sought would be unduly burdensome or expensive, taking
into account the needs of the department, the amount in
controversy, limitations on the petitioner’s resources, and the
importance of the issues at stake; or
(iii) The data, materials, or documents sought for
disclosure contain trade secret information that, if disclosed,
could harm the petitioner.
(2002 Ed.)
82.32.330
(d) The department shall reimburse reasonable expenses
for the production of data, materials, or documents incurred
by the person in possession of the data, materials, or
documents to be disclosed.
(e) Requesting information under (b) of this subsection
that may indicate that a taxpayer is under investigation does
not constitute a disclosure of tax return or tax information
under this section.
(5) Any person acquiring knowledge of any return or
tax information in the course of his or her employment with
the department of revenue and any person acquiring knowledge of any return or tax information as provided under subsection (3)(f), (g), (h), (i), (j), or (n) of this section, who discloses any such return or tax information to another person
not entitled to knowledge of such return or tax information
under the provisions of this section, is guilty of a misdemeanor. If the person guilty of such violation is an officer
or employee of the state, such person shall forfeit such office
or employment and shall be incapable of holding any public
office or employment in this state for a period of two years
thereafter. [2000 c 173 § 1; 2000 c 106 § 1; 1998 c 234 §
1; 1996 c 184 § 5; 1995 c 197 § 1; 1991 c 330 § 1; 1990 c
67 § 1; 1985 c 414 § 9; 1984 c 138 § 12; 1969 ex.s. c 104
§ 1; 1963 ex.s. c 28 § 10; 1961 c 15 § 82.32.330. Prior:
1943 c 156 § 12; 1935 c 180 § 210; Rem. Supp. 1943 §
8370-210.]
Reviser’s note: This section was amended by 2000 c 106 § 1 and by
2000 c 173 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—2000 c 173: "This act takes effect July 1, 2000."
[2000 c 173 § 2.]
Effective date—2000 c 106: "This act takes effect July 1, 2000."
[2000 c 106 § 13.]
Effective date—1996 c 184: See note following RCW 46.16.010.
Effective date—1995 c 197: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 197 § 2.]
82.32.340 Chargeoff of uncollectible taxes—
Destruction of files and records. (1) Any tax or penalty
which the department of revenue deems to be uncollectible
may be transferred from accounts receivable to a suspense
account and cease to be accounted an asset. Any item
transferred shall continue to be a debt due the state from the
taxpayer and may at any time within twelve years from the
filing of a warrant covering such amount with the clerk of
the superior court be transferred back to accounts receivable
for the purpose of collection. The department of revenue
may charge off as finally uncollectible any tax or penalty
which it deems uncollectible at any time after twelve years
from the date that the last tax return for the delinquent
taxpayer was or should have been filed if the department of
revenue is satisfied that there are no cost-effective means of
collecting the tax or penalty.
After any tax or penalty has been charged off as finally
uncollectible under the provisions of this section, the
department of revenue may destroy any or all files and
records pertaining to the liability of any taxpayer for such
tax or penalty.
The department of revenue, subject to the approval of
the state records committee, may at the expiration of five
[Title 82 RCW—page 173]
82.32.340
Title 82 RCW: Excise Taxes
years after the close of any taxable year, destroy any or all
files and records pertaining to the tax liability of any
taxpayer for such taxable year, who has fully paid all taxes,
penalties and interest for such taxable year, or any preceding
taxable year for which such taxes, penalties and interest have
been fully paid. In the event that such files and records are
reproduced on film pursuant to RCW 40.20.020 for use in
accordance with RCW 40.20.030, the original files and
records may be destroyed immediately after reproduction and
such reproductions may be destroyed at the expiration of the
above five-year period, subject to the approval of the state
records committee.
(2) Notwithstanding subsection (1) of this section, the
department may charge off any tax within its jurisdiction to
collect that is owed by a taxpayer, including any penalty or
interest thereon, if the department ascertains that the cost of
collecting that tax would be greater than the total amount
which is owed or likely in the near future to be owed by,
and collectible from, the taxpayer. [1989 c 78 § 3; 1985 c
414 § 1; 1979 1st ex.s. c 95 § 3; 1979 c 151 § 184; 1967
ex.s. c 89 § 4; 1965 ex.s. c 141 § 7; 1961 c 15 § 82.32.340.
Prior: 1955 c 389 § 40; 1939 c 225 § 30; 1937 c 227 § 21;
1935 c 180 § 210(a); RRS § 8370-210a.]
82.32.390 Certain revenues to be deposited in water
quality account. The department of revenue shall deposit
into the water quality account all moneys received from the
imposition on consumers of the taxes under chapters 82.08
and 82.12 RCW on the sales or use of articles of tangible
personal property which become or are to become an
ingredient or component of new or existing water pollution
control facilities and activities, as defined in RCW
70.146.020, which received full or partial funding from the
water quality account. [1986 c 3 § 15.]
82.32.350 Closing agreements authorized. The
department may enter into an agreement in writing with any
person relating to the liability of such person in respect of
any tax imposed by any of the preceding chapters of this
title for any taxable period or periods. [1971 ex.s. c 299 §
23; 1961 c 15 § 82.32.350. Prior: 1945 c 251 § 1; Rem.
Supp. 1945 § 8370-225.]
82.32.393 Thermal electric generation facilities with
tax exemptions for air pollution control equipment—
Payments upon cessation of operation. (Expires December 31, 2015.) If a business is allowed an exemption under
RCW 82.08.810, 82.12.810, 82.08.811, 82.12.811, or
84.36.487, and the business ceases operation of the facility
for which the exemption is allowed, the business shall
deposit into the displaced workers account established in
RCW 50.12.280 an amount equal to the fair market value of
one-quarter of the total sulfur dioxide allowances authorized
by federal law available to the facility at the time of cessation of operation of the generation facility as if the allowances were sold for a period of ten years following the time of
cessation of operation of the generation facility. This section
expires December 31, 2015. [1997 c 368 § 12.]
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
82.32.360 Conclusive effect of agreements. Upon
approval of such agreement, evidenced by execution thereof
by the department of revenue and the person so agreeing, the
agreement shall be final and conclusive as to tax liability or
tax immunity covered thereby, and, except upon a showing
of fraud or malfeasance, or of misrepresentation of a
material fact:
(1) The case shall not be reopened as to the matters
agreed upon, or the agreement modified, by any officer,
employee, or agent of the state, or the taxpayer, and
(2) In any suit, action or proceeding, such agreement, or
any determination, assessment, collection, payment, abatement, refund, or credit made in accordance therewith, shall
not be annulled, modified, set aside, or disregarded. [1975
1st ex.s. c 278 § 93; 1961 c 15 § 82.32.360. Prior: 1945 c
251 § 2; Rem. Supp. 1945 § 8370-226.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.32.380 Revenues to be deposited in general fund.
The state treasurer, upon receipt of any payments of tax,
penalty, interest, or fees collected hereunder shall deposit
them to the credit of the state general fund or such other
fund as may be provided by law. [1961 c 15 § 82.32.380.
Prior: 1945 c 249 § 10; 1943 c 156 § 12A, 1941 c 178 §
19(a); 1939 c 225 § 31; 1937 c 227 § 32; 1935 c 180 § 211;
Rem. Supp. 1945 § 8370-211.]
[Title 82 RCW—page 174]
Severability—1986 c 3: See RCW 70.146.900.
Effective dates—1986 c 3: See note following RCW 82.24.027.
82.32.392 Certain revenues to be deposited in sulfur
dioxide abatement account. An amount equal to all sales
and use taxes paid under chapters 82.08, 82.12, and 82.14
RCW, that were obtained from the sales of coal to, or use of
coal by, a business for use at a generation facility, and that
meet the requirements of RCW 70.94.630, shall be deposited
in the sulfur dioxide abatement account under RCW
70.94.630. [1997 c 368 § 9.]
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
82.32.394 Revenues from sale or use of leaded
racing fuel to be deposited into the advanced environmental mitigation revolving account. The department of
revenue shall deposit into the advanced environmental
mitigation revolving account, created in RCW 47.12.340, all
moneys received from the imposition on consumers of the
taxes under chapters 82.08 and 82.12 RCW on the sales or
use of leaded racing fuel which is exempted from the motor
vehicle fuel tax under RCW 82.38.081. [1998 c 115 § 7.]
Intent—1998 c 115 §§ 6 and 7: See note following RCW 82.38.081.
82.32.410 Written determinations as precedents.
(1) The director may designate certain written determinations
as precedents.
(a) By rule adopted pursuant to chapter 34.05 RCW, the
director shall adopt criteria which he or she shall use to
decide whether a determination is precedential. These
criteria shall include, but not be limited to, whether the
determination clarifies an unsettled interpretation of Title 82
(2002 Ed.)
General Administrative Provisions
RCW or where the determination modifies or clarifies an
earlier interpretation.
(b) Written determinations designated as precedents by
the director shall be made available for public inspection and
shall be published by the department.
(c) The department shall disclose any written determination upon which it relies to support any assessment of tax,
interest, or penalty against such taxpayer, after making the
deletions provided by subsection (2) of this section.
(2) Before making a written determination available for
public inspection under subsection (1) of this section, the
department shall delete:
(a) The names, addresses, and other identifying details
of the person to whom the written determination pertains and
of another person identified in the written determination; and
(b) Information the disclosure of which is specifically
prohibited by any statute applicable to the department of
revenue, and the department may also delete other information exempted from disclosure by chapter 42.17 RCW or any
other statute applicable to the department of revenue. [2001
c 320 § 10; 1997 c 409 § 211; 1991 c 330 § 2.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Part headings—Severability—1997 c 409: See notes following
RCW 43.22.051.
82.32.420 Year 2000 failure—No penalties or
interest—Payment of tax. (Expires December 31, 2006.)
(1) Notwithstanding any other provision in this chapter, no
interest or penalties may be imposed on any person because
of the failure to pay excise taxes on or before the date due
for payment if the person establishes that:
(a) The failure to pay was caused, in whole or in part,
by a year 2000 failure associated with an electronic computing device;
(b) The year 2000 failure being asserted was not
proximately caused by a failure of the person to update an
electronic computing device, that is under his or her dominion or control, to be year 2000 compliant; and
(c) If it were not for the year 2000 failure, the person
would have been able to satisfy the payment of taxes in a
timely manner.
Payment of such taxes shall be made within thirty days
after the year 2000 failure has been corrected or reasonably
should have been corrected.
(2)(a) The definitions in RCW 4.22.080 apply to this
section unless the context clearly requires otherwise.
(b) As used in this section, unless the context clearly
requires otherwise, "person" means a natural person or a
small business as defined in RCW 19.85.020.
(3) This section does not affect those transactions upon
which a default has occurred before any disruption of
financial or data transfer operations attributable to a year
2000 failure.
(4) This section does not apply to any claim or cause of
action filed after December 31, 2003.
(5) This section expires December 31, 2006. [1999 c
369 § 5.]
Effective date—1999 c 369: See note following RCW 4.22.080.
82.32.430 Liability for tax rate calculation errors.
A person who collects and remits sales or use tax to the
(2002 Ed.)
82.32.410
department and who calculates the tax using geographic
information system technology developed and provided by
the department shall be held harmless and is not liable for
the difference in amount due nor subject to penalties or
interest in regards to rate calculation errors resulting from
the proper use of such technology. [2001 c 320 § 11; 2000
c 104 § 4.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Findings—Intent—Effective date—2000 c 104: See notes following
RCW 82.14.055.
82.32.440 Project on sales and use tax exemption
requirements. (1) The department is authorized to enter
into agreements with sellers who meet the criteria in this
section for a project on sales and use tax exemption requirements. This project will allow the use of electronic data
collection in lieu of paper certificates otherwise required by
law, including the use of electronic signatures.
(2) The object of the project is to determine whether
using an electronic system and reviewing the data regarding
the exempt transactions provides the same level of reliability
as the current system while lessening the burden on the
seller.
(3) A business making both sales taxable and exempt
under chapter 82.08 or 82.12 RCW, that has electronic datacollecting capabilities, and that wishes to participate in the
project may make application to the department in such form
and manner as the department may require. To be eligible
for such participation, a seller must demonstrate its capability to take part in the project and to provide data to the
department in a form in which the data can be used by the
department. The department is not required to accept all
applicants in this project and is not required to provide any
reason for not selecting a participant. A seller selected as a
participant may be relieved of other sales and use tax
exemption documentation requirements provided by law as
covered by the project, and will be relieved of the good faith
requirement under RCW 82.08.050 to the extent that it has
made available to the department the data required by the
project. [2001 c 116 § 2.]
Findings—2001 c 116: "The legislature finds that current sales and
use tax exemption documentation requirements are often confusing and
burdensome for retailers, taxpayers, and the state. Additionally, the
legislature notes the national efforts under way to simplify and streamline
the sales and use tax, and that those efforts include a new system for
retailers to use in processing sales and use tax exemptions. The legislature
further finds that it would be beneficial to the state and its residents to allow
for the simplification of sales and use tax exemption requirements." [2001
c 116 § 1.]
82.32.450 Natural or manufactured gas, electricity—Maximum combined credits and deferrals allowed—
Availability of credits and deferrals. (1) The total combined credits and deferrals that may be taken under RCW
82.04.447, 82.12.024, and 82.16.0495 shall not exceed two
million five hundred thousand dollars in any fiscal year.
Each person is limited to no more than a total of one million
five hundred thousand dollars in tax deferred and credit
allowed in any fiscal year in which more than one person
takes tax credits and claims tax deferral. The department
may require reporting of the credits taken and amounts
deferred in a manner and form as is necessary to keep a
running total of the amounts.
[Title 82 RCW—page 175]
82.32.450
Title 82 RCW: Excise Taxes
(2) Credits and deferred tax are available on a first
come basis. Priority for tax credits and deferrals among
approved applicants shall be designated based on the first
actual consumption of gas under RCW 82.04.447 or
82.12.024, or on the first actual use of electricity under
RCW 82.16.0495, by each approved applicant. The department shall disallow any credits or deferred tax, or
portion thereof, that would cause the total amount of credits
taken and deferred taxes claimed to exceed the fiscal year
cap or to exceed the per person fiscal year cap. If the fiscal
cap is reached or exceeded[,] the department shall notify
those persons who have approved applications under RCW
82.04.447, 82.12.024, and 82.16.0495 that no more credits
may be taken or tax deferred during the remainder of the
fiscal year. In addition, the department shall provide written
notice to any person who has taken any tax credits or
claimed any deferred tax in excess of the fiscal year cap.
The notice shall indicate the amount of tax due and shall
provide that the tax be paid within thirty days from the date
of such notice.
(3) No portion of an application for credit or deferral
disallowed under this section may be carried back or carried
forward nor may taxes ineligible for credit or deferral due to
the fiscal cap having been reached or exceeded be carried
forward or carried backward. [2001 c 214 § 12.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
82.32.460 Transfer of taxes on transportation
improvements. (Effective December 30, 2002, if Referendum Bill No. 51 is approved at the November 2002
general election.) (1) Effective for taxes collected in fiscal
year 2006, the tax imposed and collected under chapters
82.08 and 82.12 RCW, less any credits allowed under
chapter 82.14 RCW, on construction projects within the
improvement program in RCW 47.05.030(2), except for
those projects related to safety and environmental retrofit,
shall be transferred from the general fund to the multimodal
transportation account once each year as described by
subsection (3) of this section.
(2) This transaction is exempt from the requirements in
RCW 43.135.035(4).
(3) Government entities conducting construction projects
within the improvement program in RCW 47.05.030(2),
except for those projects related to safety and environmental
retrofit, shall report to the department by August 1st of each
year the amount of state sales or use tax attributable to the
projects identified in this section from the previous fiscal
year for purposes of transfer to the multimodal transportation
account. The department shall notify the state treasurer of
the amount of the transfer by September 30th of each year.
[2002 c 202 § 405.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
82.32.470 Transfer of sales and use tax on toll
projects. (1) The tax imposed and collected under chapters
[Title 82 RCW—page 176]
82.08 and 82.12 RCW, less any credits allowed under
chapter 82.14 RCW, on initial construction for a transportation project to be constructed under chapter 36.120 RCW,
must be transferred to the transportation project to defray
costs or pay debt service on that transportation project. In
the case of a toll project, this transfer or credit must be used
to lower the overall cost of the project and thereby the
corresponding tolls.
(2) This transaction is exempt from the requirements in
RCW 43.135.035(4).
(3) Government entities constructing transportation
projects under chapter 36.120 RCW shall report to the
department the amount of state sales or use tax covered
under this section. [2002 c 56 § 407.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
82.32.480 Washington forest products commission—
Disclosure of taxpayer information. The forest products
commission, created pursuant to chapter 15.100 RCW,
constitutes a state agency for purposes of applying the
exemption contained in RCW 82.32.330(3)(f) for the
disclosure of taxpayer information by the department.
Disclosure of return or tax information may be made only to
employees of the commission and not to commission members. Employees are authorized to use this information in
accordance with RCW 15.100.100(4). Employees are
subject to all civil and criminal penalties provided under
RCW 82.32.330 for disclosures made to another person not
entitled under the provisions of this section or RCW
15.100.100 to knowledge of such information. [2001 c 314
§ 20.]
Findings—Construction—Severability—2001 c 314: See RCW
15.100.010, 15.100.900, and 15.100.901.
82.32.490 Electronic data base for use by mobile
telecommunications service provider. (Contingent
expiration date.) (1)(a) The department may provide an
electronic data base as described in this section to a mobile
telecommunications service provider, or if the department
does not provide an electronic data base to mobile telecommunications service providers, then the designated data base
provider may provide an electronic data base to a mobile
telecommunications service provider.
(b)(i) An electronic data base, whether provided by the
department or the designated data base provider, shall be
provided in a format approved by the American national
standards institute’s accredited standards committee X12, that
after allowing for de minimis deviations, designates for each
street address in the state, including to the extent practicable,
any multiple postal street addresses applicable to one street
location, the appropriate taxing jurisdictions, and the appropriate code for each taxing jurisdiction, for each level of
taxing jurisdiction, identified by one nationwide standard
numeric code.
(ii) An electronic data base shall also provide the
appropriate code for each street address with respect to
political subdivisions that are not taxing jurisdictions when
reasonably needed to determine the proper taxing jurisdiction.
(2002 Ed.)
General Administrative Provisions
(iii) The nationwide standard numeric codes shall
contain the same number of numeric digits with each digit
or combination of digits referring to the same level of taxing
jurisdiction throughout the United States using a format similar to FIPS 55-3 or other appropriate standard approved by
the federation of tax administrators and the multistate tax
commission, or their successors. Each address shall be
provided in standard postal format.
(2) The department or designated data base provider, as
applicable, that provides or maintains an electronic data base
described in subsection (1) of this section shall provide
notice of the availability of the then-current electronic data
base, and any subsequent revisions, by publication in the
manner normally employed for the publication of informational tax, charge, or fee notices to taxpayers in the state.
(3) A mobile telecommunications service provider using
the data contained in an electronic data base described in
subsection (1) of this section shall be held harmless from
any tax, charge, or fee liability that otherwise would be due
solely as a result of any error or omission in the data base
provided by the department or designated data base provider.
The mobile telecommunications service provider shall reflect
changes made to the data base during a calendar quarter not
later than thirty days after the end of the calendar quarter if
the department or designated data base provider, as applicable, has issued notice of the availability of an electronic data
base reflecting the changes under subsection (2) of this
section. [2002 c 67 § 11.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
82.32.495 Liability of mobile telecommunications
service provider if no data base provided. (Contingent
expiration date.) (1) If neither the department nor the
designated data base provider provides an electronic data
base under RCW 82.32.490, a mobile telecommunications
service provider shall be held harmless from any tax, charge,
or fee liability in any taxing jurisdiction in this state that
otherwise would be due solely as a result of an assignment
of a street address to an incorrect taxing jurisdiction if,
subject to RCW 82.32.500, the home service provider
employs an enhanced zip code to assign each street address
to a specific taxing jurisdiction for each level of taxing
jurisdiction and exercises due diligence at each level of
taxing jurisdiction to ensure that each street address is
assigned to the correct taxing jurisdiction. If an enhanced
zip code overlaps boundaries of taxing jurisdictions of the
same level, the home service provider must designate one
specific jurisdiction within the enhanced zip code for use in
taxing the activity for such enhanced zip code for each level
of taxing jurisdiction. Any enhanced zip code assignment
changed in accordance with RCW 82.32.500 is deemed to be
in compliance with this section. For purposes of this
section, there is a rebuttable presumption that a home service
provider has exercised due diligence if the home service
provider demonstrates that it has:
(a) Expended reasonable resources to implement and
maintain an appropriately detailed electronic data base of
street address assignments to taxing jurisdictions;
(b) Implemented and maintained reasonable internal
controls to correct misassignments of street addresses to
taxing jurisdictions promptly; and
(2002 Ed.)
82.32.490
(c) Used all reasonably obtainable and usable data
pertaining to municipal annexations, incorporations, reorganizations, and any other changes in jurisdictional boundaries
that materially affect the accuracy of the data base.
(2) Subsection (1) of this section applies to a mobile
telecommunications service provider that is in compliance
with the requirements of subsection (1) of this section, if in
this state an electronic data base has not been provided under
RCW 82.32.490, until the later of:
(a) Eighteen months after the nationwide standard
numeric code described in RCW 82.32.490(1) has been
approved by the federation of tax administrators and the
multistate tax commission; or
(b) Six months after the department or a designated data
base provider in this state provides the data base as prescribed in RCW 82.32.490(1). [2002 c 67 § 12.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
82.32.500 Determination of taxing jurisdiction for
telecommunications services. (Contingent expiration date.)
A taxing jurisdiction, or the department on behalf of any
taxing jurisdiction or taxing jurisdictions within this state,
may:
(1) Determine that the address used for purposes of
determining the taxing jurisdictions to which taxes, charges,
or fees for mobile telecommunications services are remitted
does not meet the definition of place of primary use in RCW
82.04.065 and give binding notice to the home service
provider to change the place of primary use on a prospective
basis from the date of notice of determination. If the
authority making the determination is not the department, the
taxing jurisdiction must obtain the consent of all affected
taxing jurisdictions within the state before giving the notice
of determination. Before the taxing jurisdiction gives the
notice of determination, the customer must be given an opportunity to demonstrate, in accordance with applicable state
or local tax, charge, or fee administrative procedures, that
the address is the customer’s place of primary use; and
(2) Determine that the assignment of a taxing jurisdiction by a home service provider under RCW 82.32.495 does
not reflect the correct taxing jurisdiction and give binding
notice to the home service provider to change the assignment
on a prospective basis from the date of notice of determination. If the authority making the determination is not the
department, the taxing jurisdiction must obtain the consent
of all affected taxing jurisdictions within the state before
giving the notice of determination. The home service
provider must be given an opportunity to demonstrate, in
accordance with applicable state or local tax, charge, or fee
administrative procedures, that the assignment reflects the
correct taxing jurisdiction. [2002 c 67 § 13.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
82.32.505 Telecommunications services—Place of
primary use. (Contingent expiration date.) (1) A home
service provider is responsible for obtaining and maintaining
information regarding the customer’s place of primary use as
defined in RCW 82.04.065. Subject to RCW 82.32.500, and
if the home service provider’s reliance on information
[Title 82 RCW—page 177]
82.32.505
Title 82 RCW: Excise Taxes
provided by its customer is in good faith, a taxing jurisdiction shall:
(a) Allow a home service provider to rely on the
applicable residential or business street address supplied by
the home service provider’s customer; and
(b) Not hold a mobile telecommunications service
provider liable for any additional taxes, charges, or fees
based on a different determination of the place of primary
use.
(2) Except as provided in RCW 82.32.500, a taxing
jurisdiction shall allow a home service provider to treat the
address used by the home service provider for tax purposes
for any customer under a service contract or agreement in
effect on August 1, 2002, as that customer’s place of
primary use for the remaining term of the service contract or
agreement, excluding any extension or renewal of the service
contract or agreement, for purposes of determining the taxing
jurisdictions to which taxes, charges, or fees on charges for
mobile telecommunications services are remitted. [2002 c
67 § 14.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
82.32.510 Scope of mobile telecommunications act—
Identification of taxable and nontaxable charges. (Contingent expiration date.) (1) Chapter 67, Laws of 2002 does
not modify, impair, supersede, or authorize the modification,
impairment, or supersession of any law allowing a taxing
jurisdiction to collect a tax, charge, or fee from a customer
that has failed to provide its place of primary use.
(2) If a taxing jurisdiction does not otherwise subject
charges for mobile telecommunications services to taxation
and if these charges are aggregated with and not separately
stated from charges that are subject to taxation, then the
charges for nontaxable mobile telecommunications services
may be subject to taxation unless the mobile telecommunications service provider can reasonably identify charges not
subject to the tax, charge, or fee from its books and records
that are kept in the regular course of business.
(3) If a taxing jurisdiction does not subject charges for
mobile telecommunications services to taxation, a customer
may not rely upon the nontaxability of charges for mobile
telecommunications services unless the customer’s home
service provider separately states the charges for nontaxable
mobile telecommunications services from taxable charges or
the home service provider elects, after receiving a written
request from the customer in the form required by the
provider, to provide verifiable data based upon the home
service provider’s books and records that are kept in the
regular course of business that reasonably identifies the
nontaxable charges. [2002 c 67 § 15.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
82.32.515 Applicability of telephone and telecommunications definitions. (Contingent expiration date.)
The definitions in RCW 82.04.065 apply to RCW 82.32.490
through 82.32.510 and 35.21.873. [2002 c 67 § 17.]
Finding—Contingency—Court judgment—Effective date—2002 c
67: See notes following RCW 82.04.530.
[Title 82 RCW—page 178]
Chapter 82.32A
TAXPAYER RIGHTS AND RESPONSIBILITIES
Sections
82.32A.002 Short title.
82.32A.005 Finding.
82.32A.010 Administration of chapter.
82.32A.020 Rights.
82.32A.030 Responsibilities.
82.32A.040 Taxpayer rights advocate.
82.32A.050 Taxpayer services program.
82.32A.900 Severability—1991 c 142.
Refunds of erroneous or excessive payments: RCW 43.88.170.
82.32A.002 Short title. This chapter shall be known
and cited as "Washington taxpayers’ rights and responsibilities." [1991 c 142 § 1.]
82.32A.005 Finding. (1) The legislature finds that
taxes are one of the most sensitive points of contact between
citizens and their government, and that there is a delicate
balance between revenue collection and taxpayers’ rights and
responsibilities. The rights, privacy, and property of
Washington taxpayers should be protected adequately during
the process of the assessment and collection of taxes.
(2) The legislature further finds that the Washington tax
system is based largely on voluntary compliance and that
taxpayers have a responsibility to inform themselves about
applicable tax laws. The legislature also finds that the rights
of the taxpayers and their attendant responsibilities are best
implemented where the department of revenue provides
accurate tax information, instructions, forms, administrative
policies, and procedures to assist taxpayers to voluntarily
comply with the provisions of the revenue act, Title 82
RCW, and where taxpayers cooperate in the administration
of these provisions. [1991 c 142 § 2.]
82.32A.010 Administration of chapter. The department of revenue shall administer this chapter. The department of revenue shall adopt or amend rules as may be
necessary to fully implement this chapter and the rights
established under this chapter. [1991 c 142 § 3.]
82.32A.020 Rights. The taxpayers of the state of
Washington have:
(1) The right to a written explanation of the basis for
any tax deficiency assessment, interest, and penalties at the
time the assessments are issued;
(2) The right to rely on specific, official written advice
and written tax reporting instructions from the department of
revenue to that taxpayer, and to have interest, penalties, and
in some instances, tax deficiency assessments waived where
the taxpayer has so relied to their proven detriment;
(3) The right to redress and relief where tax laws or
rules are found to be unconstitutional by the final decision
of a court of record and the right to prompt administrative
remedies in such cases;
(4) The right to confidentiality and protection from
public inquiry regarding financial and business information
in the possession of the department of revenue in accordance
with the requirements of RCW 82.32.330;
(2002 Ed.)
Taxpayer Rights and Responsibilities
(5) The right to receive, upon request, clear and current
tax instructions, rules, procedures, forms, and other tax
information; and
(6) The right to a prompt and independent administrative review by the department of revenue of a decision to
revoke a tax registration, and to a written determination that
either sustains the revocation or reinstates the registration.
[1991 c 142 § 4.]
Chapter 82.33
ECONOMIC AND REVENUE FORECASTS
Sections
82.33.010
82.33.020
82.33.030
82.32A.030 Responsibilities. To ensure consistent
application of the revenue laws, taxpayers have certain
responsibilities under chapter 82.32 RCW, including, but not
limited to, the responsibility to:
(1) Register with the department of revenue;
(2) Know their tax reporting obligations, and when they
are uncertain about their obligations, seek instructions from
the department of revenue;
(3) Keep accurate and complete business records;
(4) File accurate returns and pay taxes in a timely
manner;
(5) Ensure the accuracy of the information entered on
their tax returns;
(6) Substantiate claims for refund;
(7) Timely pay all taxes after closing a business and
request cancellation of registration number; and
(8) Timely respond to communications from the
department of revenue. [1991 c 142 § 5.]
82.32A.040 Taxpayer rights advocate. The director
of revenue shall appoint a taxpayer rights advocate. The
advocate shall be responsible for directly assisting taxpayers
and their representatives to assure their understanding and
utilization of the policies, processes, and procedures available to them in the resolution of problems. [1991 c 142 §
6.]
82.32A.050 Taxpayer services program. The
department of revenue shall maintain a taxpayer services
program consisting of, but not limited to:
(1) Providing taxpayer assistance in the form of information, education, and instruction in person, by telephone,
or by correspondence;
(2) Conducting tax workshops at locations most conveniently accessible to the majority of taxpayers affected; and
(3) Publishing written bulletins, instructions, current
revenue laws, rules, court decisions, and interpretive rulings
of the department of revenue. [1991 c 142 § 7.]
82.32A.900 Severability—1991 c 142. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1991 c 142 § 12.]
82.32A.020
82.33.040
Economic and revenue forecast council—Oversight and
approval of economic and revenue forecasts.
Economic and revenue forecast supervisor—Economic and
revenue forecasts—Submittal of forecasts—Estimated
tuition fees revenue.
Alternative economic and revenue forecasts to be provided
at the request of the legislative evaluation and accountability program committee.
Economic and revenue forecast work group—Availability of
information to group—Provision of technical support to
economic and revenue forecast council—Meetings.
82.33.010 Economic and revenue forecast council—
Oversight and approval of economic and revenue forecasts. (1) The economic and revenue forecast council is
hereby created. The council shall consist of two individuals
appointed by the governor and four individuals, one of
whom is appointed by the chairperson of each of the two
largest political caucuses in the senate and house of representatives. The chair of the council shall be selected from
among the four caucus appointees. The council may select
such other officers as the members deem necessary.
(2) The council shall employ an economic and revenue
forecast supervisor to supervise the preparation of all
economic and revenue forecasts. As used in this chapter,
"supervisor" means the economic and revenue forecast
supervisor. Approval by an affirmative vote of at least five
members of the council is required for any decisions
regarding employment of the supervisor. Employment of the
supervisor shall terminate after each term of three years. At
the end of the first year of each three-year term the council
shall consider extension of the supervisor’s term by one
year. The council may fix the compensation of the supervisor. The supervisor shall employ staff sufficient to accomplish the purposes of this section.
(3) The economic and revenue forecast council shall
oversee the preparation of and approve, by an affirmative
vote of at least four members, the official, optimistic, and
pessimistic state economic and revenue forecasts prepared
under RCW 82.33.020. If the council is unable to approve
a forecast before a date required in RCW 82.33.020, the
supervisor shall submit the forecast without approval and the
forecast shall have the same effect as if approved by the
council.
(4) A council member who does not cast an affirmative
vote for approval of the official economic and revenue
forecast may request, and the supervisor shall provide, an
alternative economic and revenue forecast based on assumptions specified by the member.
(5) Members of the economic and revenue forecast
council shall serve without additional compensation but shall
be reimbursed for travel expenses in accordance with RCW
44.04.120 while attending sessions of the council or on
official business authorized by the council. Nonlegislative
members of the council shall be reimbursed for travel
expenses in accordance with RCW 43.03.050 and 43.03.060.
[1990 c 229 § 1; 1984 c 138 § 4. Formerly RCW
82.01.130.]
Effective date—1990 c 229: See note following RCW 41.06.087.
(2002 Ed.)
[Title 82 RCW—page 179]
82.33.020
Title 82 RCW: Excise Taxes
82.33.020 Economic and revenue forecast supervisor—Economic and revenue forecasts—Submittal of
forecasts—Estimated tuition fees revenue. (1) Four times
each year the supervisor shall prepare, subject to the approval of the economic and revenue forecast council under RCW
82.33.010:
(a) An official state economic and revenue forecast;
(b) An unofficial state economic and revenue forecast
based on optimistic economic and revenue projections; and
(c) An unofficial state economic and revenue forecast
based on pessimistic economic and revenue projections.
(2) The supervisor shall submit forecasts prepared under
this section, along with any unofficial forecasts provided
under RCW 82.33.010, to the governor and the members of
the committees on ways and means and the chairs of the
committees on transportation of the senate and house of
representatives and the chair of the legislative transportation
committee, including one copy to the staff of each of the
committees, on or before November 20th, February 20th in
the even-numbered years, March 20th in the odd-numbered
years, June 20th, and September 20th. All forecasts shall
include both estimated receipts and estimated revenues in
conformance with generally accepted accounting principles
as provided by RCW 43.88.037.
(3) All agencies of state government shall provide to the
supervisor immediate access to all information relating to
economic and revenue forecasts. Revenue collection
information shall be available to the supervisor the first business day following the conclusion of each collection period.
(4) The economic and revenue forecast supervisor and
staff shall co-locate and share information, data, and files
with the tax research section of the department of revenue
but shall not duplicate the duties and functions of one another.
(5) As part of its forecasts under subsection (1) of this
section, the supervisor shall provide estimated revenue from
tuition fees as defined in RCW 28B.15.020. [1992 c 231 §
34; 1990 c 229 § 2. Prior: 1987 c 505 § 79; 1987 c 502 §
10; 1986 c 112 § 2; 1984 c 138 § 1. Formerly RCW
82.01.120.]
Effective date—1992 c 231: See note following RCW 28B.10.016.
Effective date—1990 c 229: See note following RCW 41.06.087.
82.33.030 Alternative economic and revenue
forecasts to be provided at the request of the legislative
evaluation and accountability program committee. The
administrator of the legislative evaluation and accountability
program committee may request, and the supervisor shall
provide, alternative economic and revenue forecasts based on
assumptions specified by the administrator. [1984 c 138 §
3. Formerly RCW 82.01.125.]
Legislative evaluation and accountability program committee: Chapter
44.48 RCW.
82.33.040 Economic and revenue forecast work
group—Availability of information to group—Provision
of technical support to economic and revenue forecast
council—Meetings. (1) To promote the free flow of
information and to promote legislative input in the preparation of forecasts, immediate access to all information relating
to economic and revenue forecasts shall be available to the
[Title 82 RCW—page 180]
economic and revenue forecast work group, hereby created.
Revenue collection information shall be available to the
economic and revenue forecast work group the first business
day following the conclusion of each collection period. The
economic and revenue forecast work group shall consist of
one staff member selected by the executive head or chairperson of each of the following agencies or committees:
(a) Department of revenue;
(b) Office of financial management;
(c) Legislative evaluation and accountability program
committee;
(d) Ways and means committee of the senate; and
(e) Ways and means committee of the house of representatives.
(2) The economic and revenue forecast work group shall
provide technical support to the economic and revenue
forecast council. Meetings of the economic and revenue
forecast work group may be called by any member of the
group for the purpose of assisting the economic and revenue
forecast council, reviewing the state economic and revenue
forecasts, or reviewing monthly revenue collection data or
for any other purpose which may assist the economic and
revenue forecast council. [1986 c 158 § 23; 1984 c 138 §
5. Formerly RCW 82.01.135.]
Chapter 82.33A
ECONOMIC CLIMATE COUNCIL
Sections
82.33A.005
82.33A.010
82.33A.020
Intent.
Council—Created—Selection of benchmarks—Access to
agency information.
Advisory committee—Membership—Duties—Meetings—
Travel expenses.
82.33A.005 Intent. The citizens of Washington
should enjoy a high quality of life, which requires a healthy
state economy. To achieve this goal, the legislature recognizes that the state must be able to compete economically at
a national and international level. It is critical to the
economic well-being of the citizens of this state that the
legislature strive to continually improve the state’s economic
climate. Therefore, the legislature intends to provide a
mechanism whereby the information necessary to achieve
this goal is available on a timely and reliable basis. [1996
c 152 § 1.]
82.33A.010 Council—Created—Selection of
benchmarks—Access to agency information. (1) The economic climate council is hereby created.
(2) The council shall select a series of no more than ten
benchmarks that characterize the competitive environment of
the state. The benchmarks should be indicators of the cost
of doing business; the education and skills of the work force;
a sound infrastructure; and the quality of life. In selecting
the appropriate benchmarks, the council shall use the
following criteria:
(a) The availability of comparative information for other
states and countries;
(b) The timeliness with which benchmark information
can be obtained; and
(2002 Ed.)
Economic Climate Council
(c) The accuracy and validity of the benchmarks in
measuring the economic climate indicators named in this
section.
(3) Each year the council shall prepare an official state
economic climate report on the present status of benchmarks,
changes in the benchmarks since the previous report, and the
reasons for the changes. The reports shall include current
benchmark comparisons with other states and countries, and
an analysis of factors related to the benchmarks that may
affect the ability of the state to compete economically at the
national and international level.
(4) All agencies of state government shall provide to the
council immediate access to all information relating to
economic climate reports. [1998 c 245 § 168; 1996 c 152
§ 2.]
82.33A.020 Advisory committee—Membership—
Duties—Meetings—Travel expenses. (1) The economic
climate council shall create an advisory committee to assist
the council in selecting benchmarks and developing economic climate reports and benchmarks. The advisory committee
shall provide for a process to ensure public participation in
the selection of the benchmarks. The advisory committee
shall consist of no more than seven members. At least two
of the members of the advisory committee shall have experience in and represent business, and at least two of the
members shall have experience in and represent labor. All
of the members of the advisory committee shall have special
expertise and interest in the state’s economic climate and
competitive strategies. Appointments to the advisory
committee shall be recommended by the chair of the council
and approved by a two-thirds vote of the council. The chair
of the advisory committee shall be selected by the members
of the committee.
(2) The advisory committee shall meet as determined by
the chair of the committee until September 30, 1996, and
shall meet at least twice per year thereafter in advance of the
economic climate reports due on March 31st and September
30th of each year.
(3) Members of the advisory council shall serve without
compensation but shall be reimbursed for travel expenses in
accordance with RCW 43.03.050 and 43.03.060 while
attending meetings of the advisory committee, sessions of
the economic climate council, or on official business
authorized by the council. [1996 c 152 § 4.]
Chapter 82.34
POLLUTION CONTROL FACILITIES—TAX
EXEMPTIONS AND CREDITS
Sections
82.34.010
82.34.015
82.34.020
82.34.030
82.34.040
82.34.050
82.34.060
(2002 Ed.)
Definitions.
Limitations on the issuance of certificates under RCW
82.34.010(5) (b) and (c).
Application for certificate—Filing—Form—Contents.
Approval of application by control agency—Notice to department—Hearing—Appeal to state air pollution control board.
Rules.
Original acquisition of facility exempt from sales and use
taxes—Election to take tax credit in lieu of exemption.
Application for final cost determination as to existing or
new facility—Filing—Form—Contents—Approval—
82.34.075
82.34.090
82.34.100
82.34.110
82.34.900
82.34.901
82.33A.010
Determination of costs—Credits against taxes imposed
by chapters 82.04, 82.12, 82.16 RCW—Limitations.
Light and power business—Exempt from sales and use tax
on installation and acquisition of a qualifying facility.
Certified mail—Use of in sending certificates or notice of
refusal to issue certificates.
Revision of prior findings of appropriate control agency—
Grounds for modification or revocation of certificate or
supplement—Exemptions from revocation.
Administrative and judicial review.
Severability—1967 ex.s. c 139.
Severability—1981 2nd ex.s. c 9.
82.34.010 Definitions. Unless a different meaning is
plainly required by the context, the following words as
hereinafter used in this chapter shall have the following
meanings:
(1) "Facility" shall mean an "air pollution control
facility" or a "water pollution control facility" as herein
defined: (a) "Air pollution control facility" includes any
treatment works, control devices and disposal systems, machinery, equipment, structures, property or any part or
accessories thereof, installed or acquired for the primary
purpose of reducing, controlling or disposing of industrial
waste which if released to the outdoor atmosphere could
cause air pollution. "Air pollution control facility" shall not
mean any motor vehicle air pollution control devices used to
control the emission of air contaminants from any motor
vehicle. (b) "Water pollution control facility" includes any
treatment works, control device or disposal system, machinery, equipment, structures, property or any accessories
thereof installed or acquired for the primary purpose of
reducing, controlling or disposing of sewage and industrial
waste which if released to a water course could cause water
pollution: PROVIDED, That the word "facility" shall not be
construed to include any control device, machinery, equipment, structure, disposal system or other property installed
or constructed: For a municipal corporation other than for
coal-fired, steam electric generating plants constructed and
operated pursuant to chapter 54.44 RCW for which an
application for a certificate was made no later than December 31, 1969, together with any air or water pollution control
facility improvement which may be made hereafter to such
plants; or for the primary purpose of connecting any commercial establishment with the waste collecting facilities of
public or privately owned utilities: PROVIDED FURTHER,
That the word "facility" shall not include any control device,
machinery, equipment, structure, disposal system, or other
property installed or constructed with the proceeds derived
from the sale of industrial revenue bonds issued under
chapter 39.84 RCW.
(2) "Industrial waste" shall mean any liquid, gaseous,
radioactive or solid waste substance or combinations thereof
resulting from any process of industry, manufacture, trade or
business, or from the development or recovery of any natural
resources.
(3) "Treatment works" or "control device" shall mean
any machinery, equipment, structure or property which is
installed, constructed or acquired for the primary purpose of
controlling air or water pollution and shall include, but shall
not be limited to such devices as precipitators, scrubbers,
towers, filters, baghouses, incinerators, evaporators, reservoirs, aerators used for the purpose of treating, stabilizing,
[Title 82 RCW—page 181]
82.34.010
Title 82 RCW: Excise Taxes
incinerating, holding, removing or isolating sewage and
industrial wastes.
(4) "Disposal system" shall mean any system containing
treatment works or control devices and includes but is not
limited to pipelines, outfalls, conduits, pumping stations,
force mains, solids handling equipment, instrumentation and
monitoring equipment, ducts, fans, vents, hoods and conveyors and all other construction, devices, appurtenances and
facilities used for collecting or conducting, sewage and
industrial waste to a point of disposal, treatment or isolation
except that which is necessary to manufacture of products.
(5) "Certificate" shall mean a pollution control tax
exemption and credit certificate for which application has
been made not later than December 31, 1969, except as follows:
(a) With respect to a facility required to be installed,
such application will be deemed timely made if made not
later than November 30, 1981, and within one year after the
effective date of specific requirements for such facility
promulgated by the appropriate control agency.
(b) With respect to a water pollution control facility for
which an application was made in anticipation of specific
requirements for such facility being promulgated by the
appropriate control agency, an application will be deemed
timely made if made during November, 1981, and subsequently denied, and if an appeal of the agency’s denial of the
application was filed in a timely manner.
(c) With respect to a facility for which plans and
specifications were approved by the appropriate control
agency, an application will be deemed timely made if made
during November, 1981, and subsequently denied, and if an
appeal of the agency’s denial of the application was filed in
a timely manner.
(d) For the purposes of (a), (b), and (c) of this subsection, "facility" means a facility installed in an industrial,
manufacturing, waste disposal, utility, or other commercial
establishment which is in operation or under construction as
of July 30, 1967.
(6) "Appropriate control agency" shall mean the department of ecology; or the operating local or regional air
pollution control agency within whose jurisdiction a facility
is or will be located, or the department of ecology, where the
facility is not or will not be located within the area of an
operating local or regional air pollution control agency, or
where the department of ecology has assumed jurisdiction.
(7) "Department" shall mean the department of revenue.
[1988 c 127 § 36; 1984 c 42 § 1; 1981 2nd ex.s. c 9 § 1;
1980 c 175 § 1; 1967 ex.s. c 139 § 1.]
82.34.015 Limitations on the issuance of certificates
under RCW 82.34.010(5) (b) and (c). The department
shall not issue a certificate under RCW 82.34.010(5)(b)
before July 1, 1985, or before the promulgation of specific
requirements for such facility by the appropriate control
agency, whichever is later. The department shall not issue
a certificate under RCW 82.34.010(5)(c) before July 1, 1985.
[1984 c 42 § 2.]
82.34.020 Application for certificate—Filing—
Form—Contents. An application for a certificate shall be
filed with the department not later than November 30, 1981,
[Title 82 RCW—page 182]
and in such manner and in such form as may be prescribed
by the department. The application shall contain estimated
or actual costs, plans and specifications of the facility
including all materials incorporated or to be incorporated
therein and a list describing, and showing the cost, of all
equipment acquired or to be acquired by the applicant for the
purpose of pollution control, together with the operating
procedure for the facility, or a time schedule for the acquisition and installation or attachment of the facility and the
proposed operating procedure for such facility. [1981 2nd
ex.s. c 9 § 2; 1967 ex.s. c 139 § 2.]
82.34.030 Approval of application by control
agency—Notice to department—Hearing—Appeal to state
air pollution control board. A certificate shall be issued
by the department within thirty days after approval of the
application by the appropriate control agency. Such approval
shall be given when it is determined that the facility is
designed and is operated or is intended to be operated
primarily for the control, capture and removal of pollutants
from the air or for the control and reduction of water
pollution and that the facility is suitable, reasonably adequate, and meets the intent and purposes of chapter 70.94
RCW or chapter 90.48 RCW, as the case may be, and it
shall notify the department of its findings within thirty days
of the date on which the application was submitted to it for
approval. In making such determination, the appropriate
control agency shall afford to the applicant an opportunity
for a hearing: PROVIDED, That if the local or regional air
pollution control agency fails to act or if the applicant feels
aggrieved by the action of the local or regional air pollution
control agency, such applicant may appeal to the state air
pollution control board pursuant to rules and regulations
established by that board. [1967 ex.s. c 139 § 3.]
82.34.040 Rules. The department may adopt such
rules as it deems necessary for the administration of this
chapter subject to the provisions of RCW 34.05.310 through
34.05.395. Such rules shall not abridge the authority of the
appropriate control agency as provided in this chapter or any
other law. [1989 c 175 § 177; 1967 ex.s. c 139 § 4.]
Effective date—1989 c 175: See note following RCW 34.05.010.
82.34.050 Original acquisition of facility exempt
from sales and use taxes—Election to take tax credit in
lieu of exemption. (1) The original acquisition of a facility
by the holder of a certificate shall be exempt from sales tax
imposed by chapter 82.08 RCW and use tax imposed by
chapter 82.12 RCW when the due date for payment of such
taxes is subsequent to the effective date of the certificate:
PROVIDED, That the exemption of this section shall not
apply to servicing, maintenance, repairs, and replacement of
parts after a facility is complete and placed in operation.
Sales and use taxes paid by a holder of a certificate with
respect to expenditures incurred for acquisition of a facility
prior to the issuance of a certificate covering such facility
may be claimed as a tax credit as provided in subsection (2)
of this section.
(2) Subsequent to July 30, 1967 the holder of the
certificate may, in lieu of accepting the tax exemption
provided for in this section, elect to take a tax credit in the
(2002 Ed.)
Pollution Control Facilities—Tax Exemptions and Credits
total amount of the exemption for the facility covered by
such certificate against any future taxes to be paid pursuant
to chapters 82.04, 82.12 and 82.16 RCW. [2000 c 103 § 12;
1975 1st ex.s. c 158 § 1; 1967 ex.s. c 139 § 5.]
Effective date—1975 1st ex.s. c 158: "The provisions of this
amendatory act shall be applicable with respect to applications for a
pollution control tax exemption and credit certificate made to the department
of revenue on or after January 1, 1975." [1975 1st ex.s. c 158 § 5.]
82.34.060 Application for final cost determination
as to existing or new facility—Filing—Form—Contents—
Approval—Determination of costs—Credits against taxes
imposed by chapters 82.04, 82.12, 82.16 RCW—
Limitations. (1) On and after July 30, 1967, an application
for a determination of the cost of an existing or newly
completed pollution control facility may be filed with the
department in such manner and in such form as may be prescribed by the department. The application shall contain the
final cost figures for the installation of the facility and
reasonable supporting documents and other proof as required
by the department. In the event such facility is not already
covered by a certificate issued for the purpose of authorizing
the tax exemption or credit provided for in this chapter, the
department shall seek the approval of the facility from the
appropriate control agency. For any application for a
certificate or supplement which was filed with the department not later than November 30, 1981, the department shall
determine the final cost of the pollution control facility and
issue a supplement to the existing certificate or an original
certificate stating the cost of the pollution control facility:
PROVIDED, That the cost of an existing pollution control
facility shall be the depreciated value thereof at the time of
application filed pursuant to this section.
(2) When the operation of a facility has commenced and
a certificate pertaining thereto has been issued, a credit may
be claimed against taxes imposed pursuant to chapters 82.04,
82.12 and 82.16 RCW. The amount of such credit shall be
two percent of the cost of a facility covered by the certificate
for each year the certificate remains in force. Such credits
shall be cumulative and shall be subject only to the following limitations:
(a) No credit exceeding fifty percent of the taxes
payable under chapters 82.04, 82.12 and 82.16 RCW shall be
allowed in any reporting period;
(b) The net commercial value of any materials captured
or recovered through use of a facility shall, first, reduce the
credit allowable in the current reporting period and thereafter
be applied to reduce any credit balance allowed and not yet
utilized: PROVIDED, That for the purposes of this chapter
the determination of "net commercial value" shall not
include a deduction for the cost or depreciation of the
facility.
(c) The total cumulative amount of such credits allowed
for any facility covered by a certificate shall not exceed fifty
percent of the cost of such facility.
(d) The total cumulative amount of credits against state
taxes authorized by this chapter shall be reduced by the total
amount of any federal investment credit or other federal tax
credit actually received by the certificate holder applicable
to the facility. This reduction shall be made as an offset
against the credit claimed in the first reporting period following the allowance of such investment credit, and thereafter
(2002 Ed.)
82.34.050
as an offset against any credit balance as it shall become
available to the certificate holder.
(3) Applicants and certificate holders shall provide the
department with information showing the net commercial
value of materials captured or recovered by a facility and
shall make all pertinent books and records available for
examination by the department for the purposes of determining the credit provided by this chapter. [1981 2nd ex.s. c 9
§ 3; 1967 ex.s. c 139 § 6.]
82.34.075 Light and power business—Exempt from
sales and use tax on installation and acquisition of a
qualifying facility. (Expires June 30, 2003.) (1) The
following definitions apply throughout this section:
(a) "Qualifying facility" means an air pollution control
facility as that term is defined in RCW 82.34.010(1)(a) to be
installed or acquired for a thermal electric peaking plant with
a capacity of less than one hundred megawatts and which is
approved pursuant to the Washington clean air act, chapter
70.94 RCW.
(b) "Thermal electric peaking plant" means a natural
gas-fired thermal electric generating facility operated by a
light and power business and placed into service between
January 1, 1978, and December 31, 1984, and that is registered for the calendar year 2000 pursuant to RCW 70.94.151.
(c) "Light and power business" has the same meaning
as in RCW 82.16.010.
(2) A light and power business is exempt from sales tax
on the installation or acquisition of up to two qualifying
facilities after January 1, 2001, as provided in this section.
Upon written request of a light and power business to which
the approval issued under chapter 70.94 RCW is attached,
the department shall make a determination as to whether a
plant is a thermal electric peaking plant acquiring or installing a qualifying facility eligible under this section. The
department shall consult with the department of community,
trade, and economic development and the department of
ecology in making the determination. If the determination
is in the affirmative, the department shall issue the light and
power business a sales and use tax exemption certificate in
a form and manner as deemed appropriate by the department.
(3) The charges for installation or acquisition of a
qualifying facility by the holder of the certificate are exempt
from sales tax imposed under chapter 82.08 RCW and use
tax imposed under chapter 82.12 RCW. The purchaser must
provide the seller with a copy of the sales and use tax
exemption certificate. The seller shall retain a copy of the
certificate for the seller’s files.
(4) The exemption in this section is limited to the
installation or acquisition of a qualifying facility and does
not apply to servicing, maintenance, operation, or repairs of
a thermal electric peaking plant or of an air pollution control
facility.
(5) This section expires June 30, 2003. [2001 c 214 §
32.]
Severability—Effective date—2001 c 214: See notes following
RCW 80.50.010.
Findings—2001 c 214: See note following RCW 39.35.010.
[Title 82 RCW—page 183]
82.34.090
Title 82 RCW: Excise Taxes
82.34.090 Certified mail—Use of in sending certificates or notice of refusal to issue certificates. The
department shall send a certificate or supplement when
issued, by certified mail to the applicant. Notice of the
department’s refusal to issue a certificate or supplement shall
likewise be sent to the applicant by certified mail. [1967
ex.s. c 139 § 9.]
82.34.100 Revision of prior findings of appropriate
control agency—Grounds for modification or revocation
of certificate or supplement—Exemptions from revocation. (1) The department of ecology, after notice to the
department and the applicant and after affording the applicant an opportunity for a hearing, shall, on its own initiative
or on complaint of the local or regional air pollution control
agency in which an air pollution control facility is located,
or is expected to be located, revise the prior findings of the
appropriate control agency whenever any of the following
appears:
(a) The certificate or supplement thereto was obtained
by fraud or misrepresentation, or the holder of the certificate
has failed substantially without good cause to proceed with
the construction, reconstruction, installation or acquisition of
a facility or without good cause has failed substantially to
operate the facility for the purpose specified by the appropriate control agency in which case the department shall
modify or revoke the certificate. If the certificate and/or
supplement are revoked, all applicable taxes from which an
exemption has been secured under this chapter or against
which the credit provided for by this chapter has been
claimed shall be immediately due and payable with the
maximum interest and penalties prescribed by applicable law.
No statute of limitations shall operate in the event of fraud
or misrepresentation.
(b) The facility covered by the certificate or supplement
thereto is no longer operated primarily for the purpose of the
control or reduction of water pollution or the control,
capture, and removal of pollutants from the air, as the case
may be, or is no longer suitable or reasonably adequate to
meet the intent and purposes of chapter 70.94 RCW or
chapter 90.48 RCW, in which case the certificate shall be
modified or revoked.
(2) A certificate, or supplement thereto, issued pursuant
to RCW 82.34.030 may not be revoked if:
(a) The facility is modified, but is still operated primarily for the purpose of the control or reduction of water
pollution or the control, capture, and removal of pollutants
from the air and is reasonably adequate to meet the intent
and purposes of chapter 70.94 or 90.48 RCW;
(b) The facility is replaced by a new or different facility
that is still operated primarily for the purpose of the control
or reduction of water pollution or the control, capture, and
removal of pollutants from the air and is reasonably adequate
to meet the intent and purposes of chapter 70.94 or 90.48
RCW;
(c) The facility is modified or removed as a result of an
alteration of the production process and the alteration results
in reasonably adequate compliance with the intent and
purposes of chapter 70.94 or 90.48 RCW;
(d) The industrial, manufacturing, waste disposal, utility,
or other commercial establishment in which the facility was
[Title 82 RCW—page 184]
installed ceases operations and the cessation of operation
results in reasonably adequate compliance with the intent and
purposes of chapter 70.94 or 90.48 RCW;
(e) Part of an industrial, manufacturing, waste disposal,
utility, or other commercial establishment in which the
facility was installed ceases operations and the cessation of
operation results in reasonably adequate compliance with the
intent and purposes of chapter 70.94 or 90.48 RCW; or
(f) The industrial, manufacturing, waste disposal, utility,
or other commercial establishment in which the facility was
installed is altered and the alteration results in reasonably
adequate compliance with the intent and purposes of chapter
70.94 or 90.48 RCW.
(3) Upon the date of mailing by certified mail to the
certificate holder of notice of the action of the department
modifying or revoking a certificate or supplement, the
certificate or supplement shall cease to be in force or shall
remain in force only as modified. [1998 c 9 § 1; 1988 c 127
§ 37; 1967 ex.s. c 139 § 10.]
82.34.110 Administrative and judicial review.
Administrative and judicial review of a decision of the
control agency or the department shall be in accordance with
the applicable provisions of chapters 34.05, 43.21B, 82.03,
and 82.32 RCW, as now or hereafter amended. [1975 1st
ex.s. c 158 § 2; 1967 ex.s. c 139 § 11.]
Effective date—1975 1st ex.s. c 158: See note following RCW
82.34.050.
82.34.900 Severability—1967 ex.s. c 139. If any
phrase, clause, subsection or section of this act shall be
declared unconstitutional or invalid by any court of competent jurisdiction, it shall be conclusively presumed that the
legislature would have enacted this act without the phrase,
clause, subsection or section so held unconstitutional or
invalid and the remainder of the act shall not be affected as
a result of said part being held unconstitutional or invalid.
[1967 ex.s. c 139 § 12.]
82.34.901 Severability—1981 2nd ex.s. c 9. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1981 2nd ex.s. c 9 § 5.]
Chapter 82.35
COGENERATION FACILITIES—TAX CREDITS
Sections
82.35.010
82.35.020
82.35.040
82.35.050
82.35.070
82.35.080
82.35.900
Intent.
Definitions.
Issuance of certificate—Limitations—Tabulation of costs
incurred—Administrative rules.
Credit against taxes—Conditions—Amount—Limitations.
Issuance of certificate or supplement and notice of refusal to
issue certificate or supplement—Certified mail.
Revocation of certificate—Grounds—Continuance of certificate—Liability for money saved—Technical assistance.
Severability—1979 ex.s. c 191.
82.35.010 Intent. The state of Washington has a large
and growing need for electrical energy. The state of
(2002 Ed.)
Cogeneration Facilities—Tax Credits
Washington possesses a great potential for the generation of
electrical or mechanical power and useful heat energy
through the process of cogeneration. It is the purpose and
intent of the legislature to promote the growth of
cogeneration in the state of Washington. [1979 ex.s. c 191
§ 1.]
82.35.020 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Cogeneration" means the sequential generation of
electrical or mechanical power and useful heat from the
same primary energy source or fuel.
(2) "Cogeneration facility" means any machinery,
equipment, structure, process, or property, or any part
thereof, installed or acquired for the primary purpose of
cogeneration by a person or corporation other than an
electric utility.
(3) "Certificate" means a cogeneration tax credit
certificate granted by the department.
(4) "Cost" means only the cost of a cogeneration facility
which is in addition to the cost that the applicant otherwise
would incur to meet the applicant’s demands for useful heat.
"Cost" does not include expenditures which are offset by
cost savings, including but not limited to savings resulting
from early retirement of existing equipment.
(5) "Department" means the department of revenue.
(6) "Electric utility" means any person, corporation, or
governmental subdivision authorized and operating under the
Constitution and laws of the state of Washington which is
primarily engaged in the generation or sale of electric
energy. [1996 c 186 § 521; 1979 ex.s. c 191 § 2.]
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
82.35.040 Issuance of certificate—Limitations—
Tabulation of costs incurred—Administrative rules. (1)
No certificate or supplement may be issued after December
31, 1984. No certificate including a supplement thereto may
be issued for cogeneration facility costs in excess of ten
million dollars for any application submitted under this
chapter.
(2) The department shall keep a running tabulation of
the total cogeneration facility costs incurred or planned to be
incurred pursuant to certificates or supplements issued under
this chapter. The department may not issue any new
certificate or any supplement if the certificate or supplement
would result in the tabulation exceeding one hundred million
dollars. Nothing in this section shall be deemed to bar any
certificate holder from amending the certificate or obtaining
a supplement thereto so long as the amendment or supplement is issued prior to December 1, 1984, and does not increase the total amount of cogeneration facility costs incurred or planned to be incurred under the original certificate.
(3) The department may adopt any rules under chapter
34.05 RCW it considers necessary for the administration of
this chapter. [1982 1st ex.s. c 2 § 3; 1979 ex.s. c 191 § 4.]
82.35.050 Credit against taxes—Conditions—
Amount—Limitations. When a cogeneration facility is
(2002 Ed.)
82.35.010
operational and a certificate pertaining thereto has been
issued, a credit may be claimed against taxes imposed under
chapter 82.04 RCW, if the due date for payment of the taxes
is after the effective date of the certificate: PROVIDED,
That the date on which the facility is operational is no more
than four years after the date of issuance of the certificate.
The amount of the credit shall be three percent of the cost of
a facility covered by the certificate for each year the certificate remains in force. The credits shall be cumulative and
shall be subject only to the following limitations:
(1) The tax credit shall apply to capital costs only and
shall not apply to operating costs.
(2) A person, firm, corporation, or organization which
acquires a cogeneration facility shall be entitled to the credit
only to the extent that it has previously not been taken.
Under no circumstances may a credit be taken more than
once against any cost or portion thereof of a cogeneration
facility.
(3) No credit exceeding fifty percent of the taxes
payable under chapter 82.04 RCW shall be allowed in any
reporting period.
(4) The total cumulative amount of the credits allowed
for any cogeneration facility covered by a certificate shall
not exceed fifty percent of the cost of the cogeneration
facility less the total amount of federal investment credit or
other federal tax credits applicable to the cogeneration
facility.
(5) State credits shall not become available until one
year after final cost verification by the department. [1982
1st ex.s. c 2 § 1; 1979 ex.s. c 191 § 5.]
82.35.070 Issuance of certificate or supplement and
notice of refusal to issue certificate or supplement—
Certified mail. The department shall send a certificate or
supplement, when issued, by certified mail to the applicant.
Notice of the department’s refusal to issue a certificate or
supplement shall likewise be sent to the applicant by
certified mail. [1979 ex.s. c 191 § 7.]
82.35.080 Revocation of certificate—Grounds—
Continuance of certificate—Liability for money saved—
Technical assistance. (1) Except as provided in subsection
(2) of this section, the department shall revoke any certificate issued under this chapter if it finds that any of the
following have occurred with respect to the certificate:
(a) The certificate was obtained by fraud or deliberate
misrepresentation;
(b) The certificate was obtained through the use of
inaccurate data but without any intention to commit fraud or
misrepresentation;
(c) The facility was constructed or operated in violation
of any provision of this chapter or provision imposed by the
department as a condition of certification; or
(d) The cogeneration facility is no longer capable of
being operated for the primary purpose of cogeneration.
(2) If the department finds that there are few inaccuracies under subsection (1)(b) of this section and that cumulatively they are insignificant in terms of the cost or operation
of the facility or that the inaccurate data is not attributable
to carelessness or negligence and its inclusion was reasonable under the circumstances, then the department may
[Title 82 RCW—page 185]
82.35.080
Title 82 RCW: Excise Taxes
provide for the continuance of the certificate and whatever
modification it considers in the public interest.
(3) Any person, firm, corporation, or organization that
obtains a certificate revoked under this section shall be liable
for the total amount of money saved by claiming the credits
and exemptions provided under this chapter. The total
amount of the credits shall be collected as delinquent
business and occupation taxes, and the total of the exemptions shall be collected and distributed as delinquent property
taxes. Interest shall accrue on the amounts of the credits and
exemptions from the date the taxes were otherwise due.
(4) The department of community, trade, and economic
development shall provide technical assistance to the
department in carrying out its responsibilities under this
section. [1999 c 358 § 15; 1996 c 186 § 522; 1979 ex.s. c
191 § 8.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
82.35.900 Severability—1979 ex.s. c 191. If any
provision of this 1979 act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1979 ex.s. c 191 § 13.]
Chapter 82.36
MOTOR VEHICLE FUEL TAX
Sections
82.36.010
82.36.020
82.36.025
82.36.026
82.36.027
82.36.029
82.36.031
82.36.032
82.36.035
82.36.040
82.36.042
82.36.044
82.36.045
82.36.047
82.36.050
82.36.060
82.36.070
82.36.075
82.36.080
Definitions.
Tax levied and imposed—Rate to be computed—
Incidence—Distribution.
Motor vehicle fuel tax rate.
Remittance of tax.
Liability of terminal operator for remittance.
Deductions—Handling losses—Reports.
Periodic tax reports—Forms—Filing.
Penalty for filing fraudulent tax report.
Computation and payment of tax—Remittance—Electronic
funds transfer.
Payment of tax—Penalty for delinquency.
Notice by supplier of distributor’s failure to pay tax—
License suspension—Notice to suppliers—Revocation or
suspension upon continued noncompliance.
Credit for worthless accounts receivable—Report—
Adjustment.
Licensees, persons acting as licensees—Tax reports—
Deficiencies, failure to file, fraudulent filings, misappropriation, or conversion—Penalties, liability—
Mitigation—Reassessment petition, hearing—Notice.
Assessments—Warrant—Lien—Filing fee—Writs of execution and garnishment.
Date of mailing deemed date of filing or receipt—Timely
mailing bars penalties and tolls statutory time limitations.
Application for license—Federal certificate of registry—
Investigation—Fee—Penalty for false statement—Bond
or security—Cancellation.
Issuance of license—Display—Refusal of issuance—
Inspection of records.
Reports by persons other than licensees—Department requirements—Forms.
Penalty for acting without license—Separate licenses for
separate activities—Default assessment.
[Title 82 RCW—page 186]
82.36.090
82.36.095
82.36.100
82.36.110
82.36.120
82.36.130
82.36.140
82.36.150
82.36.160
82.36.170
82.36.180
82.36.190
82.36.200
82.36.210
82.36.230
82.36.240
82.36.245
82.36.250
82.36.260
82.36.270
82.36.273
82.36.275
82.36.280
82.36.285
82.36.290
82.36.300
82.36.305
82.36.306
82.36.310
82.36.320
82.36.330
82.36.335
82.36.340
82.36.350
82.36.360
82.36.370
82.36.373
82.36.375
82.36.380
82.36.390
82.36.400
82.36.405
82.36.407
82.36.410
82.36.415
82.36.420
82.36.430
82.36.435
82.36.440
82.36.450
82.36.460
82.36.800
82.36.900
82.36.901
Discontinuance, sale, or transfer of business—Notice—
Payment of taxes, interest, penalties—Overpayment
refunds.
Bankruptcy proceedings—Notice.
Tax required of persons not classed as licensees—Duties—
Procedure—Distribution of proceeds—Penalties—
Enforcement.
Delinquency—Lien of tax—Notice.
Delinquency—Notice to debtors—Transfer or disposition of
property, credits, or debts prohibited—Lien—Answer.
Delinquency—Tax warrant.
State may pursue remedy against licensee or bond.
Records to be kept by licensees—Inventory—Statement.
Records to be preserved by licensees and dealers.
Additional reports—Filing.
Examinations and investigations.
Suspension, revocation, cancellation of licenses—Notice.
Carriers of motor vehicle fuel—Examination of records,
stocks, etc.
Carriers of motor vehicle fuel—Invoice, bill of sale, etc.,
required—Inspections.
Exemptions—Imports, exports, federal sales—Invoice—
Certificate—Reporting.
Sales to state or political subdivisions not exempt.
Exemption—Sales to foreign diplomatic and consular missions.
Nongovernmental use of fuels, etc., acquired from United
States government—Tax—Unlawful to procure or use.
Extension of time for filing exportation certificates or claiming exemptions.
Refund permit.
Refunds to licensee for fuel purchased by exempt person—
Exception—Invoice or proof.
Refunds for urban transportation systems.
Refunds for nonhighway use of fuel.
Refunds for transit services to persons with special transportation needs by nonprofit transportation providers.
Refunds for use in manufacturing, cleaning, dyeing.
Refunds on exported fuel.
Refunds to dealer delivering fuel exclusively for marine
use—Limitations—Supporting certificate.
Remedies for violation of RCW 82.36.305—Rules—
Coloring of fuel exclusively for marine use, samples
may be taken.
Claim of refund.
Information may be required.
Payment of refunds—Interest—Penalty.
Credits on tax in lieu of collection and refund.
Examination of books and records.
Fraudulent invoices—Penalty.
Separate invoices for nontaxed fuel.
Refunds for fuel lost or destroyed through fire, flood, leakage, etc.
Refund for worthless accounts receivable—Rules—
Apportionment after receipt.
Time limitation on erroneous payment credits or refunds and
notices of additional tax.
Violations—Penalties.
Diversion of export fuel—Penalty.
Other offenses—Penalties.
Liability, payment, and report of taxes due before March
2000—Inventory report—Penalties, interest.
Tax liability of user—Payment—Exceptions.
Revenue to motor vehicle fund.
Refund to aeronautics account.
Disposition of fees, fines, penalties.
Enforcement.
Enforcement and administration—Rule-making authority.
State preempts tax field.
Agreement with tribe for imposition, collection, use.
Motor vehicle fuel tax cooperative agreement.
Rules—1998 c 176.
Findings—1998 c 176.
Effective date—1998 c 176.
(2002 Ed.)
Motor Vehicle Fuel Tax
Constitutional limitations on certain taxes, highway funds: State Constitution Art. 2 § 40.
Dispensing device label required for gasoline containing alcohol: RCW
19.94.505.
Refunds of tax on marine fuel, disposition under marine recreation land
act: Chapter 79A.25 RCW.
Tax proceeds pledged to ferry bond retirement: RCW 47.61.070, 47.61.090.
82.36.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Blended fuel" means a mixture of motor vehicle
fuel and another liquid, other than a de minimis amount of
the liquid, that can be used as a fuel to propel a motor
vehicle.
(2) "Bond" means a bond duly executed with a corporate surety qualified under chapter 48.28 RCW, which bond
is payable to the state of Washington conditioned upon
faithful performance of all requirements of this chapter,
including the payment of all taxes, penalties, and other
obligations arising out of this chapter.
(3) "Bulk transfer" means a transfer of motor vehicle
fuel by pipeline or vessel.
(4) "Bulk transfer-terminal system" means the motor
vehicle fuel distribution system consisting of refineries,
pipelines, vessels, and terminals. Motor vehicle fuel in a
refinery, pipeline, vessel, or terminal is in the bulk transferterminal system. Motor vehicle fuel in the fuel tank of an
engine, motor vehicle, or in a railcar, trailer, truck, or other
equipment suitable for ground transportation is not in the
bulk transfer-terminal system.
(5) "Dealer" means a person engaged in the retail sale
of motor vehicle fuel.
(6) "Department" means the department of licensing.
(7) "Director" means the director of licensing.
(8) "Evasion" or "evade" means to diminish or avoid the
computation, assessment, or payment of authorized taxes or
fees through:
(a) A knowing: False statement; misrepresentation of
fact; or other act of deception; or
(b) An intentional: Omission; failure to file a return or
report; or other act of deception.
(9) "Export" means to obtain motor vehicle fuel in this
state for sales or distribution outside the state.
(10) "Highway" means every way or place open to the
use of the public, as a matter of right, for the purpose of
vehicular travel.
(11) "Import" means to bring motor vehicle fuel into
this state by a means of conveyance other than the fuel
supply tank of a motor vehicle.
(12) "Licensee" means a person holding a license issued
under this chapter.
(13) "Marine fuel dealer" means a person engaged in the
retail sale of motor vehicle fuel whose place of business
and/or sale outlet is located upon a navigable waterway.
(14) "Motor vehicle fuel blender" means a person who
produces blended motor fuel outside the bulk transferterminal system.
(15) "Motor vehicle fuel distributor" means a person
who acquires motor vehicle fuel from a supplier, distributor,
or licensee for subsequent sale and distribution.
(2002 Ed.)
Chapter 82.36
(16) "Motor vehicle fuel exporter" means a person who
purchases motor vehicle fuel in this state and directly exports
the fuel by a means other than the bulk transfer-terminal
system to a destination outside of the state. If the exporter
of record is acting as an agent, the person for whom the
agent is acting is the exporter. If there is no exporter of
record, the owner of the motor fuel at the time of exportation is the exporter.
(17) "Motor vehicle fuel importer" means a person who
imports motor vehicle fuel into the state by a means other
than the bulk transfer-terminal system. If the importer of
record is acting as an agent, the person for whom the agent
is acting is the importer. If there is no importer of record,
the owner of the motor vehicle fuel at the time of importation is the importer.
(18) "Motor vehicle fuel supplier" means a person who
holds a federal certificate of registry that is issued under the
internal revenue code and authorizes the person to enter into
federal tax-free transactions on motor vehicle fuel in the bulk
transfer-terminal system.
(19) "Motor vehicle" means a self-propelled vehicle
designed for operation upon land utilizing motor vehicle fuel
as the means of propulsion.
(20) "Motor vehicle fuel" means gasoline and any other
inflammable gas or liquid, by whatsoever name the gasoline,
gas, or liquid may be known or sold, the chief use of which
is as fuel for the propulsion of motor vehicles or motorboats.
(21) "Person" means a natural person, fiduciary,
association, or corporation. The term "person" as applied to
an association means and includes the partners or members
thereof, and as applied to corporations, the officers thereof.
(22) "Position holder" means a person who holds the
inventory position in motor vehicle fuel, as reflected by the
records of the terminal operator. A person holds the
inventory position in motor vehicle fuel if the person has a
contractual agreement with the terminal for the use of
storage facilities and terminating services at a terminal with
respect to motor vehicle fuel. "Position holder" includes a
terminal operator that owns motor vehicle fuel in their
terminal.
(23) "Rack" means a mechanism for delivering motor
vehicle fuel from a refinery or terminal into a truck, trailer,
railcar, or other means of nonbulk transfer.
(24) "Refiner" means a person who owns, operates, or
otherwise controls a refinery.
(25) "Removal" means a physical transfer of motor
vehicle fuel other than by evaporation, loss, or destruction.
(26) "Terminal" means a motor vehicle fuel storage and
distribution facility that has been assigned a terminal control
number by the internal revenue service, is supplied by
pipeline or vessel, and from which reportable motor vehicle
fuel is removed at a rack.
(27) "Terminal operator" means a person who owns,
operates, or otherwise controls a terminal.
(28) "Two-party exchange" or "buy-sell agreement"
means a transaction in which taxable motor vehicle fuel is
transferred from one licensed supplier to another licensed
supplier under an exchange or buy-sell agreement whereby
the supplier that is the position holder agrees to deliver
taxable motor vehicle fuel to the other supplier or the other
supplier’s customer at the rack of the terminal at which the
delivering supplier is the position holder. [2001 c 270 § 1;
[Title 82 RCW—page 187]
82.36.010
Title 82 RCW: Excise Taxes
1998 c 176 § 6. Prior: 1995 c 287 § 1; 1995 c 274 § 20;
1993 c 54 § 1; 1991 c 339 § 13; 1990 c 250 § 79; 1987 c
174 § 1; 1983 1st ex.s. c 49 § 25; 1981 c 342 § 1; 1979 c
158 § 223; 1977 ex.s. c 317 § 1; 1971 ex.s. c 156 § 1; 1967
c 153 § 1; 1965 ex.s. c 79 § 1; 1961 c 15 § 82.36.010; prior:
1939 c 177 § 1; 1933 c 58 § 1; RRS § 8327-1; prior: 1921
c 173 § 1.]
Severability—1990 c 250: See note following RCW 46.16.301.
Effective date—1987 c 174: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 1,
1987." [1987 c 174 § 8.]
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective date—1981 c 342: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1981. This act shall only take effect upon the passage of Senate Bills No.
3669 and 3699, and if Senate Bills No. 3669 and 3699 are not both enacted
by the 1981 regular session of the legislature this amendatory act shall be
null and void in its entirety." [1981 c 342 § 12.] Senate Bills No. 3669
and 3699 became 1981 c 315 and 1981 c 316, respectively.
Severability—1981 c 342: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 342 § 13.]
Effective dates—1977 ex.s. c 317: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect on July 1, 1977, except for section 9, which shall
take effect on September 1, 1977." [1977 ex.s. c 317 § 24.]
Severability—1977 ex.s. c 317: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 317 § 23.]
82.36.020 Tax levied and imposed—Rate to be
computed—Incidence—Distribution. (1) There is hereby
levied and imposed upon motor vehicle fuel users a tax at
the rate computed in the manner provided in RCW 82.36.025
on each gallon of motor vehicle fuel.
(2) The tax imposed by subsection (1) of this section is
imposed when any of the following occurs:
(a) Motor vehicle fuel is removed in this state from a
terminal if the motor vehicle fuel is removed at the rack
unless the removal is to a licensed exporter for direct
delivery to a destination outside of the state;
(b) Motor vehicle fuel is removed in this state from a
refinery if either of the following applies:
(i) The removal is by bulk transfer and the refiner or the
owner of the motor vehicle fuel immediately before the
removal is not a licensee; or
(ii) The removal is at the refinery rack unless the
removal is to a licensed exporter for direct delivery to a
destination outside of the state;
(c) Motor vehicle fuel enters into this state for sale,
consumption, use, or storage if either of the following
applies:
(i) The entry is by bulk transfer and the importer is not
a licensee; or
(ii) The entry is not by bulk transfer;
(d) Motor vehicle fuel is sold or removed in this state
to an unlicensed entity unless there was a prior taxable
removal, entry, or sale of the motor vehicle fuel;
[Title 82 RCW—page 188]
(e) Blended motor vehicle fuel is removed or sold in
this state by the blender of the fuel. The number of gallons
of blended motor vehicle fuel subject to the tax is the
difference between the total number of gallons of blended
motor vehicle fuel removed or sold and the number of
gallons of previously taxed motor vehicle fuel used to
produce the blended motor vehicle fuel;
(f) Motor vehicle fuel is sold by a licensed motor
vehicle fuel supplier to a motor vehicle fuel distributor,
motor vehicle fuel importer, or motor vehicle fuel blender
and the motor vehicle fuel is not removed from the bulk
transfer-terminal system.
(3) The proceeds of the motor vehicle fuel excise tax
shall be distributed as provided in RCW 46.68.090. [2001
c 270 § 2; 2000 c 103 § 13; 1998 c 176 § 7; 1983 1st ex.s.
c 49 § 26; 1982 1st ex.s. c 6 § 1; 1977 ex.s. c 317 § 2; 1974
ex.s. c 28 § 1. Prior: 1973 1st ex.s. c 160 § 1; 1973 1st
ex.s. c 124 § 2; 1972 ex.s. c 24 § 1; 1970 ex.s. c 85 § 3;
1967 ex.s. c 145 § 75; 1967 ex.s. c 83 § 2; 1965 ex.s. c 79
§ 2; 1963 c 113 § 1; 1961 ex.s. c 7 § 1; 1961 c 15 §
82.36.020; prior: 1957 c 247 § 1; 1955 c 207 § 1; 1951 c
269 § 43; 1949 c 220 § 7; 1939 c 177 § 2; 1933 c 58 § 5;
Rem. Supp. 1949 § 8327-5; prior: 1931 c 140 § 2; 1923 c
81 § 1; 1921 c 173 § 2.]
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
Effective date—1970 ex.s. c 85: See note following RCW 47.60.500.
Disbursal and release of funds—1967 ex.s. c 83: "All funds
heretofore accumulated and undistributed to any city and town by reason of
the matching requirements of the 1961 amendatory provisions in RCW
82.36.020 and 82.40.290 shall be immediately disbursed and released for
use in accordance with the 1967 amendatory provisions of RCW 82.36.020
and 82.40.290.
This section is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing
public institutions and shall take effect immediately." [1967 ex.s. c 83 §
63.]
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
82.36.025 Motor vehicle fuel tax rate. (Effective
unless Referendum Bill No. 51 is approved at the November 2002 general election.) A motor vehicle fuel tax rate of
twenty-three cents per gallon shall apply to the sale, distribution, or use of motor vehicle fuel. [1999 c 269 § 16; 1999
c 94 § 29; 1994 c 179 § 30; 1991 c 342 § 57; 1990 c 42 §
101; 1983 1st ex.s. c 49 § 27; 1981 c 342 § 2; 1979 c 158
§ 224; 1977 ex.s. c 317 § 6.]
Reviser’s note: This section was amended by 1999 c 94 § 29 and by
1999 c 269 § 16, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Effective dates—1991 c 342: See note following RCW 47.26.167.
Purpose of state and local transportation funding program—1990
c 42: "(1) The legislature finds that a new comprehensive funding program
is required to maintain the state’s commitment to the growing mobility
needs of its citizens and commerce. The transportation funding program is
intended to satisfy the following state policies and objectives:
(2002 Ed.)
Motor Vehicle Fuel Tax
(a) State-wide system: Provide for preservation of the existing statewide system and improvements for current and expected capacity needs in
rural, established urban, and growing suburban areas throughout the state;
(b) Local flexibility: Provide for necessary state highway improvements, as well as providing local governments with the option to use new
funding sources for projects meeting local and regional needs;
(c) Multimodal: Provide a source of funds that may be used for
multimodal transportation purposes;
(d) Program compatibility: Implement transportation facilities and
services that are consistent with adopted land use and transportation plans
and coordinated with recently authorized programs such as the act
authorizing creation of transportation benefit districts and the local
transportation act of 1988;
(e) Interjurisdictional cooperation: Encourage transportation planning
and projects that are multijurisdictional in their conception, development,
and benefit, recognizing that mobility problems do not respect jurisdictional
boundaries;
(f) Public and private sector: Use a state, local, and private sector
partnership that equitably shares the burden of meeting transportation needs.
(2) The legislature further recognizes that the revenues currently
available to the state and to counties, cities, and transit authorities for
highway, road, and street construction and preservation fall far short of the
identified need. The 1988 Washington road jurisdiction study identified a
state-wide funding shortfall of between $14.6 and $19.9 billion to bring
existing roads to acceptable standards. The gap between identified
transportation needs and available revenues continues to increase. A
comprehensive transportation funding program is required to meet the
current and anticipated future needs of this state.
(3) The legislature further recognizes the desirability of making certain
changes in the collection and distribution of motor vehicle excise taxes with
the following objectives: Simplifying administration and collection of the
taxes including adoption of a predictable depreciation schedule for vehicles;
simplifying the allocation of the taxes among various recipients; and the
dedication of a portion of motor vehicle excise taxes for transportation
purposes.
(4) The legislature, therefore, declares a need for the three-part funding
program embodied in this act: (a) State-wide funding for highways, roads,
and streets in urban and rural areas; (b) local option funding authority,
available immediately, for the construction and preservation of roads, streets,
and transit improvements and facilities; and (c) the creation of a multimodal
transportation fund that is funded through dedication of a portion of motor
vehicle excise tax. This funding program is intended, by targeting certain
new revenues, to produce a significant increase in the overall capacity of the
state, county, and city transportation systems to satisfy and efficiently
accommodate the movement of people and goods." [1990 c 42 § 1.]
Headings—1990 c 42: "The index and part and section headings as
used in this act do not constitute any part of the law." [1990 c 42 § 502.]
Severability—1990 c 42: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 42 § 503.]
Effective dates—Application—Implementation—1990 c 42: "(1)
Sections 101 through 104, 115 through 117, 201 through 214, 405 through
411, and 503, chapter 42, Laws of 1990 are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect April
1, 1990.
(2) Sections 105 through 114, chapter 42, Laws of 1990 shall take
effect September 1, 1990. The additional fees in sections 105 through 108,
chapter 42, Laws of 1990 apply for all motor vehicle registrations that
expire August 31, 1991, and thereafter.
(3) Sections 301 through 303 and 305 through 328, chapter 42, Laws
of 1990 shall take effect September 1, 1990, and apply to the purchase of
vehicle registrations that expire August 31, 1991, and thereafter.
(4) Section 304, chapter 42, Laws of 1990 shall take effect July 1,
1991, and apply to all vehicles registered for the first time with an
expiration date of June 30, 1992, and thereafter.
(5) The director of licensing may immediately take such steps as are
necessary to ensure that the sections of chapter 42, Laws of 1990 are
implemented on their effective dates.
(6) *Sections 401 through 404, chapter 42, Laws of 1990 shall take
effect September 1, 1990, only if the bonds issued under RCW 47.56.711
for the Spokane river toll bridge have been retired or fully defeased, and
shall become null and void if the bonds have not been retired or fully
defeased on that date." [1990 c 298 § 38; 1990 c 42 § 504.]
(2002 Ed.)
82.36.025
*Reviser’s note: The bonds were fully defeased on June 1, 1990.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective date—Severability—1981 c 342: See notes following
RCW 82.36.010.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
82.36.025 Motor vehicle fuel tax rate. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 2002 general election.) (1) A motor vehicle fuel tax rate of twenty-three cents per gallon applies to
the sale, distribution, or use of motor vehicle fuel.
(2) Beginning January 1, 2003, an additional and
cumulative motor fuel tax rate of five cents per gallon
applies to the sale, distribution, or use of motor vehicle fuel.
(3) Beginning January 1, 2004, an additional and
cumulative motor vehicle fuel tax rate of four cents per
gallon applies to the sale, distribution, or use of motor vehicle fuel. [2002 c 202 § 301. Prior: 1999 c 269 § 16; 1999
c 94 § 29; 1994 c 179 § 30; 1991 c 342 § 57; 1990 c 42 §
101; 1983 1st ex.s. c 49 § 27; 1981 c 342 § 2; 1979 c 158
§ 224; 1977 ex.s. c 317 § 6.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Effective date—1999 c 269: See note following RCW 36.78.070.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Effective dates—1991 c 342: See note following RCW 47.26.167.
Purpose of state and local transportation funding program—1990
c 42: "(1) The legislature finds that a new comprehensive funding program
is required to maintain the state’s commitment to the growing mobility
needs of its citizens and commerce. The transportation funding program is
intended to satisfy the following state policies and objectives:
(a) Statewide system: Provide for preservation of the existing
statewide system and improvements for current and expected capacity needs
in rural, established urban, and growing suburban areas throughout the state;
(b) Local flexibility: Provide for necessary state highway improvements, as well as providing local governments with the option to use new
funding sources for projects meeting local and regional needs;
(c) Multimodal: Provide a source of funds that may be used for
multimodal transportation purposes;
(d) Program compatibility: Implement transportation facilities and
services that are consistent with adopted land use and transportation plans
and coordinated with recently authorized programs such as the act
authorizing creation of transportation benefit districts and the local
transportation act of 1988;
(e) Interjurisdictional cooperation: Encourage transportation planning
and projects that are multijurisdictional in their conception, development,
and benefit, recognizing that mobility problems do not respect jurisdictional
boundaries;
(f) Public and private sector: Use a state, local, and private sector
partnership that equitably shares the burden of meeting transportation needs.
(2) The legislature further recognizes that the revenues currently
available to the state and to counties, cities, and transit authorities for
highway, road, and street construction and preservation fall far short of the
identified need. The 1988 Washington road jurisdiction study identified a
statewide funding shortfall of between $14.6 and $19.9 billion to bring
existing roads to acceptable standards. The gap between identified
transportation needs and available revenues continues to increase. A
comprehensive transportation funding program is required to meet the
current and anticipated future needs of this state.
(3) The legislature further recognizes the desirability of making certain
changes in the collection and distribution of motor vehicle excise taxes with
the following objectives: Simplifying administration and collection of the
[Title 82 RCW—page 189]
82.36.025
Title 82 RCW: Excise Taxes
taxes including adoption of a predictable depreciation schedule for vehicles;
simplifying the allocation of the taxes among various recipients; and the
dedication of a portion of motor vehicle excise taxes for transportation
purposes.
(4) The legislature, therefore, declares a need for the three-part funding
program embodied in this act: (a) Statewide funding for highways, roads,
and streets in urban and rural areas; (b) local option funding authority,
available immediately, for the construction and preservation of roads, streets,
and transit improvements and facilities; and (c) the creation of a multimodal
transportation fund that is funded through dedication of a portion of motor
vehicle excise tax. This funding program is intended, by targeting certain
new revenues, to produce a significant increase in the overall capacity of the
state, county, and city transportation systems to satisfy and efficiently
accommodate the movement of people and goods." [1990 c 42 § 1.]
Headings—1990 c 42: "The index and part and section headings as
used in this act do not constitute any part of the law." [1990 c 42 § 502.]
Severability—1990 c 42: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 42 § 503.]
Effective dates—Application—Implementation—1990 c 42: "(1)
Sections 101 through 104, 115 through 117, 201 through 214, 405 through
411, and 503, chapter 42, Laws of 1990 are necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect April
1, 1990.
(2) Sections 105 through 114, chapter 42, Laws of 1990 shall take
effect September 1, 1990. The additional fees in sections 105 through 108,
chapter 42, Laws of 1990 apply for all motor vehicle registrations that
expire August 31, 1991, and thereafter.
(3) Sections 301 through 303 and 305 through 328, chapter 42, Laws
of 1990 shall take effect September 1, 1990, and apply to the purchase of
vehicle registrations that expire August 31, 1991, and thereafter.
(4) Section 304, chapter 42, Laws of 1990 shall take effect July 1,
1991, and apply to all vehicles registered for the first time with an
expiration date of June 30, 1992, and thereafter.
(5) The director of licensing may immediately take such steps as are
necessary to ensure that the sections of chapter 42, Laws of 1990 are
implemented on their effective dates.
(6) *Sections 401 through 404, chapter 42, Laws of 1990 shall take
effect September 1, 1990, only if the bonds issued under RCW 47.56.711
for the Spokane river toll bridge have been retired or fully defeased, and
shall become null and void if the bonds have not been retired or fully
defeased on that date." [1990 c 298 § 38; 1990 c 42 § 504.]
*Reviser’s note: The bonds were fully defeased on June 1, 1990.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective date—Severability—1981 c 342: See notes following
RCW 82.36.010.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
82.36.026 Remittance of tax. (1) A licensed supplier
shall remit tax to the department as provided in RCW
82.36.020. On a two-party exchange, or buy-sell agreement
between two licensed suppliers, the receiving exchange
partner or buyer who shall [buyer shall] remit the tax.
(2) A refiner shall remit tax to the department on motor
vehicle fuel removed from a refinery as provided in RCW
82.36.020(2)(b).
(3) An importer shall remit tax to the department on
motor vehicle fuel imported into this state as provided in
RCW 82.36.020(2)(c).
(4) A blender shall remit tax to the department on the
removal or sale of blended motor vehicle fuel as provided in
RCW 82.36.020(2)(e). [2001 c 270 § 3; 1998 c 176 § 8.]
82.36.027 Liability of terminal operator for remittance. A terminal operator is jointly and severally liable for
[Title 82 RCW—page 190]
remitting the tax imposed under RCW 82.36.020(1) if, at the
time of removal:
(1) The position holder with respect to the motor vehicle
fuel is a person other than the terminal operator and is not
a licensee;
(2) The terminal operator is not a licensee;
(3) The position holder has an expired internal revenue
service notification certificate issued under 26 C.F.R. Part
48; or
(4) The terminal operator had reason to believe that
information on the notification certificate was false. [1998
c 176 § 9.]
82.36.029 Deductions—Handling losses—Reports.
Upon the taxable removal of motor vehicle fuel, the licensee
who acquired or removed the motor vehicle fuel, other than
a motor vehicle fuel exporter, shall be entitled to a deduction
from the tax liability on the gallonage of taxable motor
vehicle fuel removed in order to account for handling losses,
as follows: For a motor vehicle fuel supplier acting as a
distributor, one-quarter of one percent; and for all other
licensees, thirty one-hundredths of one percent. For those
licensees required to file tax reports, the handling loss
deduction shall be reported on tax reports filed with the
department. For motor vehicle fuel distributors, the handling
loss deduction shall be shown on the invoice provided to the
motor vehicle fuel distributor by the seller. [1998 c 176 §
10.]
82.36.031 Periodic tax reports—Forms—Filing. For
the purpose of determining the amount of liability for the tax
imposed under this chapter, and to periodically update
license information, each licensee, other than a motor vehicle
fuel distributor, shall file monthly tax reports with the department, on a form prescribed by the department.
A report shall be filed with the department even though
no motor vehicle fuel tax is due for the reporting period.
Each tax report shall contain a declaration by the person
making the same, to the effect that the statements contained
therein are true and made under penalties of perjury, which
declaration has the same force and effect as a verification of
the report and is in lieu of the verification. The report shall
show information as the department may require for the
proper administration and enforcement of this chapter. Tax
reports shall be filed on or before the twenty-fifth day of the
next succeeding calendar month following the period to
which the reports relate. If the final filing date falls on a
Saturday, Sunday, or legal holiday the next secular or
business day shall be the final filing date.
The department, if it deems it necessary in order to
ensure payment of the tax imposed under this chapter, or to
facilitate the administration of this chapter, may require the
filing of reports and tax remittances at shorter intervals than
one month. [1998 c 176 § 11.]
82.36.032 Penalty for filing fraudulent tax report.
If any licensee files a fraudulent tax report with intent to
evade the tax imposed by this chapter, there shall be added
to the amount of deficiency determined by the department a
penalty equal to twenty-five percent of the deficiency, in
(2002 Ed.)
Motor Vehicle Fuel Tax
addition to all other penalties prescribed by law. [1998 c
176 § 13; 1987 c 174 § 7.]
Effective date—1987 c 174: See note following RCW 82.36.010.
82.36.035 Computation and payment of tax—
Remittance—Electronic funds transfer. (1) The tax
imposed by this chapter shall be computed by multiplying
the tax rate per gallon provided in this chapter by the
number of gallons of motor vehicle fuel subject to the motor
vehicle fuel tax.
(2) Except as provided in subsection (3) of this section,
tax reports shall be accompanied by a remittance payable to
the state treasurer covering the tax amount determined to be
due for the reporting period.
(3) If the tax is paid by electronic funds transfer, the tax
shall be paid on or before the tenth calendar day of the
month that is the second month immediately following the
reporting period. When the reporting period is May, the tax
shall be paid on the last business day of June.
(4) The tax shall be paid by electronic funds transfer
whenever the amount due is fifty thousand dollars or more.
(5) A motor vehicle fuel distributor shall remit tax on
motor vehicle fuel purchased from a motor vehicle fuel
supplier, and due to the state for that reporting period, to the
motor vehicle fuel supplier.
(6) At the election of the distributor, the payment of the
motor vehicle fuel tax owed on motor vehicle fuel purchased
from a supplier shall be remitted to the supplier on terms
agreed upon between the distributor and supplier or no later
than two business days before the last business day of the
following month. This election shall be subject to a condition that the distributor’s remittances of all amounts of motor
vehicle fuel tax due to the supplier shall be paid by electronic funds transfer. The distributor’s election may be terminated by the supplier if the distributor does not make timely
payments to the supplier as required by this section. This
section shall not apply if the distributor is required by the
supplier to pay cash or cash equivalent for motor vehicle
fuel purchases. [1998 c 176 § 12.]
82.36.040 Payment of tax—Penalty for delinquency.
If payment of any tax due is not received by the due date,
there shall be assessed a penalty of two percent of the
amount of the tax. [1991 c 339 § 2; 1989 c 378 § 24; 1987
c 174 § 4; 1977 c 28 § 1; 1961 c 15 § 82.36.040. Prior:
1957 c 247 § 3; 1955 c 207 § 3; prior: 1953 c 151 § 1;
1943 c 84 § 2, part; 1933 c 58 § 8, part; Rem. Supp. 1943
§ 8327-8, part; prior: 1923 c 81 § 3, part; 1921 c 173 § 5,
part.]
Effective date—1987 c 174: See note following RCW 82.36.010.
82.36.042 Notice by supplier of distributor’s failure
to pay tax—License suspension—Notice to suppliers—
Revocation or suspension upon continued noncompliance.
A motor vehicle fuel supplier shall, no later than the
twentieth calendar day or next state business day after the
motor vehicle fuel tax is due from a motor vehicle fuel distributor under this chapter, notify the department of the
failure of a motor vehicle fuel distributor to pay the full
amount of the tax owed.
(2002 Ed.)
82.36.032
Upon notification and submission of satisfactory
evidence by a motor vehicle fuel supplier that a motor
vehicle fuel distributor has failed to pay the full amount of
the tax owed, the department may suspend the license of the
motor vehicle fuel distributor.
Upon the suspension, the department shall immediately
notify all motor vehicle fuel suppliers that the authority of
the motor vehicle fuel distributor to purchase tax-deferred
motor vehicle fuel has been suspended and all subsequent
purchases of motor vehicle fuel by the motor vehicle fuel
distributor must be tax-paid at the time of removal.
If, after notification by the department, a motor vehicle
fuel supplier continues to sell tax-deferred motor vehicle fuel
to a motor vehicle fuel distributor whose license is suspended, the motor vehicle fuel supplier’s license is subject to
revocation or suspension under RCW 82.36.190. Furthermore, if notified of a license suspension, a motor vehicle
fuel supplier is liable for any unpaid motor vehicle fuel tax
owed on motor vehicle fuel sold to a suspended motor
vehicle fuel distributor. [1998 c 176 § 14.]
82.36.044 Credit for worthless accounts receivable—Report—Adjustment. A motor vehicle fuel supplier
is entitled to a credit of the tax paid over to the department
on those sales of motor vehicle fuel for which the supplier
has received no consideration from or on behalf of the
purchaser. The amount of the tax credit shall not exceed the
amount of tax imposed by this chapter on such sales. Such
credit may be taken on a tax return subsequent to the tax
return on which the tax was paid over to the department. If
a credit has been granted under this section, any amounts
collected for application against accounts on which such a
credit is based shall be reported on a subsequent tax return
filed after such collection, and the amount of credit received
by the supplier based upon the collected amount shall be
returned to the department. In the event the credit has not
been paid, the amount of the credit requested by the supplier
shall be adjusted by the department to reflect the decrease in
the amount on which the claim is based. [1998 c 176 § 15.]
82.36.045 Licensees, persons acting as licensees—
Tax reports—Deficiencies, failure to file, fraudulent
filings, misappropriation, or conversion—Penalties,
liability—Mitigation—Reassessment petition, hearing—
Notice. (1) If the department determines that the tax
reported by a licensee is deficient, the department shall
assess the deficiency on the basis of information available to
it, and shall add a penalty of two percent of the amount of
the deficiency.
(2) If a licensee, or person acting as such, fails, neglects, or refuses to file a motor vehicle fuel tax report the
department shall, on the basis of information available to it,
determine the tax liability of the licensee or person for the
period during which no report was filed. The department
shall add the penalty provided in subsection (1) of this
section to the tax. An assessment made by the department
under this subsection or subsection (1) of this section is
presumed to be correct. In any case, where the validity of
the assessment is questioned, the burden is on the person
who challenges the assessment to establish by a fair prepon[Title 82 RCW—page 191]
82.36.045
Title 82 RCW: Excise Taxes
derance of evidence that it is erroneous or excessive, as the
case may be.
(3) If a licensee or person acting as such files a false or
fraudulent report with intent to evade the tax imposed by this
chapter, the department shall add to the amount of deficiency
a penalty equal to twenty-five percent of the deficiency, in
addition to the penalty provided in subsections (1) and (2) of
this section and all other penalties prescribed by law.
(4) Motor vehicle fuel tax, penalties, and interest
payable under this chapter bears interest at the rate of one
percent per month, or fraction thereof, from the first day of
the calendar month after the amount or any portion of it
should have been paid until the date of payment. If a
licensee or person acting as such establishes by a fair
preponderance of evidence that the failure to pay the amount
of tax due was attributable to reasonable cause and was not
intentional or willful, the department may waive the penalty.
The department may waive the interest when it determines
the cost of processing or collection of the interest exceeds
the amount of interest due.
(5) Except in the case of a fraudulent report, neglect or
refusal to make a report, or failure to pay or to pay the
proper amount, the department shall assess the deficiency
under subsection (1) or (2) of this section within five years
from the last day of the succeeding calendar month after the
reporting period for which the amount is proposed to be
determined or within five years after the return is filed,
whichever period expires later.
(6) Except in the case of violations of filing a false or
fraudulent report, if the department deems mitigation of
penalties and interest to be reasonable and in the best interest
of carrying out the purpose of this chapter, it may mitigate
such assessments upon whatever terms the department deems
proper, giving consideration to the degree and extent of the
lack of records and reporting errors. The department may
ascertain the facts regarding recordkeeping and payment
penalties in lieu of more elaborate proceedings under this
chapter.
(7) A licensee or person acting as such against whom an
assessment is made under subsection (1) or (2) of this
section may petition for a reassessment within thirty days
after service upon the licensee of notice of the assessment.
If the petition is not filed within the thirty-day period, the
amount of the assessment becomes final at the expiration of
that period.
If a petition for reassessment is filed within the thirtyday period, the department shall reconsider the assessment
and, if the petitioner has so requested in its petition, shall
grant the petitioner an oral hearing and give the petitioner
twenty days’ notice of the time and place of the hearing.
The department may continue the hearing from time to time.
The decision of the department upon a petition for reassessment becomes final thirty days after service of notice upon
the petitioner.
An assessment made by the department becomes due
and payable when it becomes final. If it is not paid to the
department when due and payable, the department shall add
a penalty of ten percent of the amount of the tax.
(8) In a suit brought to enforce the rights of the state
under this chapter, the assessment showing the amount of
taxes, penalties, interest, and cost unpaid to the state is prima
facie evidence of the facts as shown.
[Title 82 RCW—page 192]
(9) A notice of assessment required by this section must
be served personally or by certified or registered mail. If it
is served by mail, service shall be made by deposit of the
notice in the United States mail, postage prepaid, addressed
to the respondent at the most current address furnished to the
department.
(10) The tax imposed by this chapter, if required to be
collected by the seller, is held in trust by the licensee until
paid to the department, and a licensee who appropriates or
converts the tax collected to his or her own use or to any use
other than the payment of the tax to the extent that the
money required to be collected is not available for payment
on the due date as prescribed in this chapter is guilty of a
felony, or gross misdemeanor in accordance with the theft
and anticipatory provisions of Title 9A RCW. A person,
partnership, corporation, or corporate officer who fails to
collect the tax imposed by this section, or who has collected
the tax and fails to pay it to the department in the manner
prescribed by this chapter, is personally liable to the state for
the amount of the tax. [1998 c 176 § 16; 1996 c 104 § 2;
1991 c 339 § 1.]
82.36.047 Assessments—Warrant—Lien—Filing
fee—Writs of execution and garnishment. When an
assessment becomes final in accordance with this chapter,
the department may file with the clerk of any county within
the state a warrant in the amount of the assessment of taxes,
penalties, interest, and a filing fee under RCW
36.18.012(10). The clerk of the county in which the warrant
is filed shall immediately designate a superior court cause
number for the warrant, and the clerk shall cause to be
entered in the judgment docket under the superior court
cause number assigned to the warrant the name of the
licensee or person mentioned in the warrant, the amount of
the tax, penalties, interest, and filing fee, and the date when
the warrant was filed. The aggregate amount of the warrant
as docketed becomes a lien upon the title to and interest in
all real and personal property of the named person against
whom the warrant is issued, the same as a judgment in a
civil case duly docketed in the office of the clerk. The
warrant so docketed is sufficient to support the issuance of
writs of execution and writs of garnishment in favor of the
state in the manner provided by law in the case of a civil
judgment, wholly or partially unsatisfied. The clerk of the
court is entitled to a filing fee under RCW 36.18.012(10).
[2001 c 146 § 13; 1998 c 176 § 17; 1991 c 339 § 4.]
82.36.050 Date of mailing deemed date of filing or
receipt—Timely mailing bars penalties and tolls statutory
time limitations. When any application, report, notice,
payment, or claim for credit or refund to be filed with or
made to any officer, agent, or employee of the state under
the provisions of this chapter has been deposited in the
United States mail addressed to such officer, agent or
employee, it shall be deemed filed or received on the date
shown by the post office cancellation mark on the envelope
containing it or on the date it was mailed if proof satisfactory to said officer, agent, or employee of the state establishes
that the actual mailing occurred on an earlier date: PROVIDED, HOWEVER, That no penalty for delinquency shall
attach, nor will the statutory period be deemed to have
(2002 Ed.)
Motor Vehicle Fuel Tax
elapsed in the case of credit or refund claims, if it is established by competent evidence that such application, report,
notice, payment, or claim for credit or refund was timely
deposited in the United States mail properly addressed to
said officer, agent, or employee of the state, even though
never received if a duplicate of such document or payment
is filed. [1961 c 15 § 82.36.050. Prior: 1957 c 247 § 4;
1947 c 135 § 1; Rem. Supp. 1947 § 8327-8a.]
82.36.060 Application for license—Federal certificate of registry—Investigation—Fee—Penalty for false
statement—Bond or security—Cancellation. (1) An
application for a license issued under this chapter shall be
made to the department on forms to be furnished by the
department and shall contain such information as the
department deems necessary.
(2) Every application for a license must contain the
following information to the extent it applies to the applicant:
(a) Proof as the department may require concerning the
applicant’s identity, including but not limited to his or her
fingerprints or those of the officers of a corporation making
the application;
(b) The applicant’s form and place of organization
including proof that the individual, partnership, or corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant’s financial condition or history
including a bank reference and whether the applicant or any
partner, officer, or director has ever been adjudged bankrupt
or has an unsatisfied judgment in a federal or state court;
(e) Whether the applicant has been adjudged guilty of
a crime that directly relates to the business for which the
license is sought and the time elapsed since the conviction
is less than ten years, or has suffered a judgment within the
preceding five years in a civil action involving fraud,
misrepresentation, or conversion and in the case of a
corporation or partnership, all directors, officers, or partners.
(3) An applicant for a license as a motor vehicle fuel
importer must list on the application each state, province, or
country from which the applicant intends to import motor
vehicle fuel and, if required by the state, province, or
country listed, must be licensed or registered for motor
vehicle fuel tax purposes in that state, province, or country.
(4) An applicant for a license as a motor vehicle fuel
exporter must list on the application each state, province, or
country to which the exporter intends to export motor
vehicle fuel received in this state by means of a transfer
outside of the bulk transfer-terminal system and, if required
by the state, province, or country listed, must be licensed or
registered for motor vehicle fuel tax purposes in that state,
province, or country.
(5) An applicant for a license as a motor vehicle fuel
supplier must have a federal certificate of registry that is
issued under the internal revenue code and authorizes the
applicant to enter into federal tax-free transactions on motor
vehicle fuel in the terminal transfer system.
(6) After receipt of an application for a license, the
director may conduct an investigation to determine whether
the facts set forth are true. The director shall require a
(2002 Ed.)
82.36.050
fingerprint record check of the applicant through the Washington state patrol criminal identification system and the
federal bureau of investigation before issuance of a license.
The results of the background investigation including
criminal history information may be released to authorized
department personnel as the director deems necessary. The
department shall charge a license holder or license applicant
a fee of fifty dollars for each background investigation
conducted.
An applicant who makes a false statement of a material
fact on the application may be prosecuted for false swearing
as defined by RCW 9A.72.040.
(7) Except as provided by subsection (8) of this section,
before granting any license issued under this chapter, the
department shall require applicant to file with the department, in such form as shall be prescribed by the department,
a corporate surety bond duly executed by the applicant as
principal, payable to the state and conditioned for faithful
performance of all the requirements of this chapter, including
the payment of all taxes, penalties, and other obligations
arising out of this chapter. The total amount of the bond or
bonds shall be fixed by the department and may be increased
or reduced by the department at any time subject to the
limitations herein provided. In fixing the total amount of the
bond or bonds, the department shall require a bond or bonds
equivalent in total amount to twice the estimated monthly
excise tax determined in such manner as the department may
deem proper. If at any time the estimated excise tax to
become due during the succeeding month amounts to more
than fifty percent of the established bond, the department
shall require additional bonds or securities to maintain the
marginal ratio herein specified or shall demand excise tax
payments to be made weekly or semimonthly to meet the
requirements hereof.
The total amount of the bond or bonds required of any
licensee shall never be less than five thousand dollars nor
more than one hundred thousand dollars.
No recoveries on any bond or the execution of any new
bond shall invalidate any bond and no revocation of any
license shall effect the validity of any bond but the total
recoveries under any one bond shall not exceed the amount
of the bond.
In lieu of any such bond or bonds in total amount as
herein fixed, a licensee may deposit with the state treasurer,
under such terms and conditions as the department may
prescribe, a like amount of lawful money of the United
States or bonds or other obligations of the United States, the
state, or any county of the state, of an actual market value
not less than the amount so fixed by the department.
Any surety on a bond furnished by a licensee as
provided herein shall be released and discharged from any
and all liability to the state accruing on such bond after the
expiration of thirty days from the date upon which such
surety has lodged with the department a written request to be
released and discharged, but this provision shall not operate
to relieve, release, or discharge the surety from any liability
already accrued or which shall accrue before the expiration
of the thirty day period. The department shall promptly,
upon receiving any such request, notify the licensee who
furnished the bond; and unless the licensee, on or before the
expiration of the thirty day period, files a new bond, or
makes a deposit in accordance with the requirements of this
[Title 82 RCW—page 193]
82.36.060
Title 82 RCW: Excise Taxes
section, the department shall forthwith cancel the license.
Whenever a new bond is furnished by a licensee, the
department shall cancel the old bond as soon as the department and the attorney general are satisfied that all liability
under the old bond has been fully discharged.
The department may require a licensee to give a new or
additional surety bond or to deposit additional securities of
the character specified in this section if, in its opinion, the
security of the surety bond theretofore filed by such licensee,
or the market value of the properties deposited as security by
the licensee, shall become impaired or inadequate; and upon
the failure of the licensee to give such new or additional
surety bond or to deposit additional securities within thirty
days after being requested so to do by the department, the
department shall forthwith cancel his or her license.
(8) The department may waive the requirements of
subsection (7) of this section for licensed distributors if,
upon determination by the department, the licensed distributor has sufficient resources, assets, other financial instruments, or other means, to adequately make payments on the
estimated monthly motor vehicle fuel tax payments, penalties, and interest arising out of this chapter. The department
shall adopt rules to administer this subsection. [2001 c 270
§ 5; 1998 c 176 § 18; 1996 c 104 § 3; 1994 c 262 § 19;
1973 c 96 § 1; 1961 c 15 § 82.36.060. Prior: 1933 c 58 §
2; RRS § 8327-2.]
82.36.070 Issuance of license—Display—Refusal of
issuance—Inspection of records. The application in proper
form having been accepted for filing, the filing fee paid, and
the bond or other security having been accepted and approved, the department shall issue to the applicant the
appropriate license, and such license shall be valid until
canceled or revoked.
The license so issued by the department shall not be
assignable, and shall be valid only for the person in whose
name issued.
Each licensee shall be assigned a license number, and
the department shall issue to each licensee a license certificate which shall be displayed conspicuously at his or her
principal place of business. The department may refuse to
issue or may revoke a motor vehicle fuel license, to a
person:
(1) Who formerly held a motor vehicle fuel license that,
before the time of filing for application, has been revoked or
canceled for cause;
(2) Who is a subterfuge for the real party in interest
whose license has been revoked or canceled for cause;
(3) Who, as an individual licensee or officer, director,
owner, or managing employee of a nonindividual licensee,
has had a motor vehicle fuel license revoked or canceled for
cause;
(4) Who has an unsatisfied debt to the state assessed
under either chapter 82.36, 82.38, 82.42, or 46.87 RCW;
(5) Who formerly held as an individual, officer, director,
owner, managing employee of a nonindividual licensee, or
subterfuge for a real party in interest, a license issued by the
federal government or a state that allowed a person to buy
or sell untaxed motor vehicle or special fuel, which license,
before the time of filing for application, has been revoked
for cause;
[Title 82 RCW—page 194]
(6) Who pled guilty to or was convicted as an individual, corporate officer, director, owner, or managing employee
in this or any other state or in any federal jurisdiction of a
gross misdemeanor or felony crime directly related to the
business or has been subject to a civil judgment involving
fraud, misrepresentation, conversion, or dishonesty, notwithstanding chapter 9.96A RCW;
(7) Who misrepresented or concealed a material fact in
obtaining a license or in reinstatement thereof;
(8) Who violated a statute or administrative rule
regulating fuel taxation or distribution;
(9) Who failed to cooperate with the department’s
investigations by:
(a) Not furnishing papers or documents;
(b) Not furnishing in writing a full and complete
explanation regarding a matter under investigation by the
department; or
(c) Not responding to subpoenas issued by the department, whether or not the recipient of the subpoena is the
subject of the proceeding;
(10) Who failed to comply with an order issued by the
director; or
(11) Upon other sufficient cause being shown.
Before such a refusal or revocation, the department shall
grant the applicant a hearing and shall give the applicant at
least twenty days’ written notice of the time and place of the
hearing.
For the purpose of considering an application for a
license issued under this chapter, the department may
inspect, cause an inspection, investigate, or cause an investigation of the records of this or any other state or of the
federal government to ascertain the veracity of the information on the application form and the applicant’s criminal and
licensing history.
The department may, in the exercise of reasonable
discretion, suspend a motor vehicle fuel license at any time
before and pending such a hearing for unpaid taxes or
reasonable cause. [1998 c 176 § 19; 1998 c 115 § 2; 1996
c 104 § 4; 1994 c 262 § 20; 1973 c 96 § 2; 1965 ex.s. c 79
§ 3; 1961 c 15 § 82.36.070. Prior: 1957 c 247 § 5; 1955 c
207 § 4; prior: 1933 c 58 § 3, part; RRS § 8327-3, part.]
Reviser’s note: This section was amended by 1998 c 115 § 2 and by
1998 c 176 § 19, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
82.36.075 Reports by persons other than licensees—
Department requirements—Forms. The department may
require a person other than a licensee engaged in the
business of selling, purchasing, distributing, storing, transporting, or delivering motor vehicle fuel to submit periodic
reports to the department regarding the disposition of the
fuel. The reports must be on forms prescribed by the
department and must contain such information as the
department may require. [1998 c 176 § 29.]
82.36.080 Penalty for acting without license—
Separate licenses for separate activities—Default assessment. (1) It shall be unlawful for any person to engage in
business in this state as any of the following unless the
person is the holder of an uncanceled license issued by the
department authorizing the person to engage in that business:
(2002 Ed.)
Motor Vehicle Fuel Tax
(a) Motor vehicle fuel supplier;
(b) Motor vehicle fuel distributor;
(c) Motor vehicle fuel exporter;
(d) Motor vehicle fuel importer; or
(e) Motor vehicle fuel blender.
(2) A person engaged in more than one activity for
which a license is required must have a separate license
classification for each activity, but a motor vehicle fuel
supplier is not required to obtain a separate license classification for any other activity for which a license is required.
(3) If any person acts as a licensee without first securing
the license required herein the excise tax shall be immediately due and payable on account of all motor vehicle fuel
distributed or used by the person. The director shall proceed
forthwith to determine from the best available sources, the
amount of the tax, and the director shall immediately assess
the tax in the amount found due, together with a penalty of
one hundred percent of the tax, and shall make a certificate
of such assessment and penalty. In any suit or proceeding
to collect the tax or penalty, or both, such certificate shall be
prima facie evidence that the person therein named is
indebted to the state in the amount of the tax and penalty
therein stated. Any tax or penalty so assessed may be
collected in the manner prescribed in this chapter with
reference to delinquency in payment of the tax or by an
action at law, which the attorney general shall commence
and prosecute to final determination at the request of the
director. The foregoing remedies of the state shall be
cumulative and no action taken pursuant to this section shall
relieve any person from the penal provisions of this chapter.
[1998 c 176 § 20; 1961 c 15 § 82.36.080. Prior: 1955 c
207 § 5; prior: (i) 1933 c 58 § 3, part; RRS § 8327-3, part.
(ii) 1943 c 84 § 2, part; 1933 c 58 § 8, part; Rem. Supp.
1943 § 8327-8, part; prior: 1923 c 81 § 3, part; 1921 c 173
§ 5, part.]
82.36.090 Discontinuance, sale, or transfer of
business—Notice—Payment of taxes, interest, penalties—
Overpayment refunds. A licensee who ceases to engage in
business within the state by reason of the discontinuance,
sale, or transfer of the business shall notify the director in
writing at the time the discontinuance, sale, or transfer takes
effect. Such notice shall give the date of discontinuance,
and, in the event of a sale or transfer of the business, the
date thereof and the name and address of the purchaser or
transferee thereof. All taxes, penalties, and interest under
this chapter, not yet due and payable, shall become due and
payable concurrently with such discontinuance, sale, or
transfer, and any such licensee shall make a report and pay
all such taxes, interest, and penalties, and surrender to the
director the license certificate theretofore issued to him or
her.
If an overpayment of tax was made by the licensee,
prior to the discontinuance or transfer of his or her business,
such overpayment may be refunded to such licensee. [1998
c 176 § 21; 1967 c 153 § 2; 1965 ex.s. c 79 § 4; 1961 c 15
§ 82.36.090. Prior: 1933 c 58 § 4; RRS § 8327-4.]
82.36.095 Bankruptcy proceedings—Notice. A
motor vehicle fuel licensee, who files or against whom is
filed a petition in bankruptcy, shall, within ten days of the
(2002 Ed.)
82.36.080
filing, notify the department of the proceedings in bankruptcy, including the identity and location of the court in which
the proceedings are pending. [1997 c 183 § 7.]
82.36.100 Tax required of persons not classed as
licensees—Duties—Procedure—Distribution of proceeds—Penalties—Enforcement. Every person other than
a licensee who acquires any motor vehicle fuel within this
state upon which payment of tax is required under the
provisions of this chapter, or imports such motor vehicle fuel
into this state and sells, distributes, or in any manner uses it
in this state shall, if the tax has not been paid, apply for a
license to carry on such activities, comply with all the
provisions of this chapter, and pay an excise tax at the rate
computed in the manner provided in RCW 82.36.025 for
each gallon thereof so sold, distributed, or used during the
fiscal year for which such rate is applicable. The proceeds
of the tax imposed by this section shall be distributed in the
manner provided for the distribution of the motor vehicle
fuel excise tax in RCW 82.36.020. For failure to comply
with this chapter such person is subject to the same penalties
imposed upon licensees. The director shall pursue against
such persons the same procedure and remedies for audits,
adjustments, collection, and enforcement of this chapter as
is provided with respect to licensees. Nothing in this section
may be construed as classifying such persons as licensees.
[1998 c 176 § 22; 1983 1st ex.s. c 49 § 28; 1977 ex.s. c 317
§ 3; 1967 ex.s. c 83 § 3; 1961 ex.s. c 7 § 2; 1961 c 15 §
82.36.100. Prior: 1957 c 247 § 6; 1951 c 267 § 1; 1939 c
177 § 5; RRS § 8327-5a.]
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
Severability—Effective dates—1967 ex.s. c 83: See RCW 47.26.900
and 47.26.910.
82.36.110 Delinquency—Lien of tax—Notice. If any
person liable for the tax imposed by this chapter fails to pay
the same, the amount thereof, including any interest, penalty,
or addition to such tax, together with any costs that may
accrue in addition thereto, shall be a lien in favor of the state
upon all franchises, property, and rights to property, whether
real or personal, then belonging to or thereafter acquired by
such person, whether such property is employed by such
person in the prosecution of business or is in the hands of a
trustee, or receiver, or assignee for the benefit of creditors,
from the date the taxes were due and payable, until the
amount of the lien is paid or the property sold in payment
thereof.
The lien shall have priority over any lien or encumbrance whatsoever, except the lien of other state taxes having
priority by law, and except that such lien shall not be valid
as against any bona fide mortgagee, pledgee, judgment creditor, or purchaser whose rights have attached prior to the time
the department has filed notice of such lien in the office of
the county auditor of the county in which the principal place
of business of the taxpayer is located.
The auditor, upon presentation of a notice of lien, and
without requiring the payment of any fee, shall file and
index it in the manner now provided for deeds and other
conveyances except that he shall not be required to include,
[Title 82 RCW—page 195]
82.36.110
Title 82 RCW: Excise Taxes
in the index, any description of the property affected by the
lien. The lien shall continue until the amount of the tax,
together with any penalties and interest subsequently
accruing thereon, is paid. The department may issue a
certificate of release of lien when the amount of the tax,
together with any penalties and interest subsequently
accruing thereon, has been satisfied, and such release may be
recorded with the auditor of the county in which the notice
of lien has been filed.
The department shall furnish to any person applying
therefor a certificate showing the amount of all liens for
motor vehicle fuel tax, penalties and interest that may be of
record in the files of the department against any person
under the provisions of this chapter. [1993 c 54 § 3; 1961
c 15 § 82.36.110. Prior: 1933 c 58 § 9, part; RRS § 83279, part.]
82.36.120 Delinquency—Notice to debtors—
Transfer or disposition of property, credits, or debts
prohibited—Lien—Answer. If a licensee is delinquent in
the payment of an obligation imposed under this chapter, the
department may give notice of the amount of the delinquency by registered or certified mail to all persons having
in their possession or under their control any credits or other
personal property belonging to such licensee, or owing any
debts to such licensee at the time of receipt by them of such
notice. Upon service, the notice and order to withhold and
deliver constitutes a continuing lien on property of the
taxpayer. The department shall include in the caption of the
notice to withhold and deliver "continuing lien." The
effective date of a notice to withhold and deliver served
under this section is the date of service of the notice. A
person so notified shall neither transfer nor make any other
disposition of such credits, personal property, or debts until
the department consents to a transfer or other disposition.
All persons so notified must, within twenty days after receipt
of the notice, advise the department of any and all such
credits, personal property, or debts in their possession, under
their control or owing by them, as the case may be, and shall
deliver upon demand the credits, personal property, or debts
to the department or its duly authorized representative to be
applied to the indebtedness involved.
If a person fails to answer the notice within the time
prescribed by this section, it is lawful for the court, upon
application of the department and after the time to answer
the notice has expired, to render judgment by default against
the person for the full amount claimed by the department in
the notice to withhold and deliver, together with costs.
[1998 c 176 § 23; 1994 c 262 § 21; 1991 c 339 § 3; 1961 c
15 § 82.36.120. Prior: 1933 c 58 § 9, part; RRS § 8327-9,
part.]
82.36.130 Delinquency—Tax warrant. If any
licensee is in default for more than ten days in the payment
of any excise taxes or penalties thereon, the director shall
issue a warrant directed to the sheriff of any county of the
state commanding the sheriff to levy upon and sell the goods
and chattels of the licensee, without exemption, found within
the sheriff’s jurisdiction, for the payment of the amount of
such delinquency, with the added penalties and interest and
the cost of executing the warrant, and to return such warrant
[Title 82 RCW—page 196]
to the director and to pay the director the money collected
by virtue thereof within the time to be therein specified,
which shall not be less than twenty nor more than sixty days
from the date of the warrant. The sheriff to whom the
warrant is directed shall proceed upon it in all respects and
with like effect and in the same manner as prescribed by law
in respect to executions issued against goods and chattels
upon judgment by a court of record and shall be entitled to
the same fees for the sheriff’s services to be collected in the
same manner. [2000 c 103 § 14. Prior: 1998 c 311 § 11;
1998 c 176 § 24; 1961 c 15 § 82.36.130; prior: 1933 c 58
§ 9, part; RRS § 8327-9, part.]
82.36.140 State may pursue remedy against licensee
or bond. In a suit or action by the state on any bond filed
with the director recovery thereon may be had without first
having sought or exhausted its remedy against the licensee;
nor shall the fact that the state has pursued, or is in the
course of pursuing, any remedy against the licensee waive its
right to collect the taxes, penalties, and interest by proceeding against such bond or against any deposit of money or
securities made by the licensee. [1998 c 176 § 25; 1961 c
15 § 82.36.140. Prior: 1933 c 58 § 9, part; RRS § 8327-9,
part.]
82.36.150 Records to be kept by licensees—
Inventory—Statement. Every licensee shall keep a true
and accurate record on such form as the director may
prescribe of all stock of petroleum products on hand, of all
raw gasoline, gasoline stock, diesel oil, kerosene, kerosene
distillates, casing-head gasoline and other petroleum products
needed in, or which may be used in, compounding, blending,
or manufacturing motor vehicle fuel; of the amount of crude
oil refined, the gravity thereof and the yield therefrom, as
well as of such other matters relating to transactions in
petroleum products as the director may require. Every
licensee shall take a physical inventory of the petroleum
products at least once during each calendar month and have
the record of such inventory and of the other matters
mentioned in this section available at all times for the
inspection of the director. Upon demand of the director
every licensee shall furnish a statement under oath as to the
contents of any records to be kept hereunder. [1998 c 176
§ 26; 1965 ex.s. c 79 § 5; 1961 c 15 § 82.36.150. Prior:
1933 c 58 § 10; RRS § 8327-10; prior: 1921 c 173 § 6,
part.]
82.36.160 Records to be preserved by licensees and
dealers. Every licensee shall maintain in the office of his or
her principal place of business in this state, for a period of
five years, records of motor vehicle fuel received, sold,
distributed, or used by the licensee, in such form as the director may prescribe, together with invoices, bills of lading,
and other pertinent papers as may be required under the
provisions of this chapter.
Every dealer purchasing motor vehicle fuel taxable
under this chapter for the purpose of resale, shall maintain
within this state, for a period of two years a record of motor
vehicle fuels received, the amount of tax paid to the licensee
as part of the purchase price, together with delivery tickets,
invoices, and bills of lading, and such other records as the
(2002 Ed.)
Motor Vehicle Fuel Tax
director shall require. [1998 c 176 § 27; 1996 c 104 § 5;
1961 c 15 § 82.36.160. Prior: 1957 c 247 § 7; 1933 c 58
§ 11; RRS § 8327-11; prior: 1921 c 173 § 6, part.]
82.36.170 Additional reports—Filing. The director
may, from time to time, require additional reports from any
licensee with reference to any of the matters herein concerned. Such reports shall be made and filed on forms
prepared by the director. [1998 c 176 § 28; 1961 c 15 §
82.36.170. Prior: 1933 c 58 § 12; RRS § 8327-12; prior:
1921 c 173 § 9.]
82.36.160
part of the licensee to make accurate reports or pay said
taxes and penalties.
In the event the license of any licensee is canceled, and
in the further event that the licensee pays to the state all
excise taxes due and payable by him or her upon the receipt,
sale, or use of motor vehicle fuel, together with any and all
penalties accruing by reason of any failure on the part of the
licensee to make accurate reports or pay said taxes and
penalties, the department shall cancel the bond filed by the
licensee. [1998 c 176 § 31; 1990 c 250 § 80; 1961 c 15 §
82.36.190. Prior: 1933 c 58 § 14; RRS § 8327-14.]
Severability—1990 c 250: See note following RCW 46.16.301.
82.36.180 Examinations and investigations. The
director, or duly authorized agents, may make such examinations of the records, stocks, facilities, and equipment of any
licensee, and service stations, and such other investigations
as deemed necessary in carrying out the provisions of this
chapter. If such examinations or investigations disclose that
any reports of licensees theretofore filed with the director
pursuant to the requirements of this chapter have shown
incorrectly the gallonage of motor vehicle fuel distributed or
the tax accruing thereon, the director may make such
changes in subsequent reports and payments of such licensees as deemed necessary to correct the errors disclosed.
Every such licensee or such other person not maintaining records in this state so that an audit of such records may
be made by the director or a duly authorized representative
shall be required to make the necessary records available to
the director upon request and at a designated office within
this state; or, in lieu thereof, the director or a duly authorized
representative shall proceed to any out-of-state office at
which the records are prepared and maintained to make such
examination. [1998 c 176 § 30; 1967 ex.s. c 89 § 6; 1965
ex.s. c 79 § 6; 1961 c 15 § 82.36.180. Prior: 1939 c 177 §
3; 1933 c 58 § 13; RRS § 8327-13; prior: 1921 c 173 § 6,
part.]
82.36.190 Suspension, revocation, cancellation of
licenses—Notice. The department shall suspend or revoke
the license of any licensee refusing or neglecting to comply
with any provision of this chapter. The department shall
mail by registered mail addressed to such licensee at the last
known address a notice of intention to cancel, which notice
shall give the reason for cancellation. The cancellation shall
become effective without further notice if within ten days
from the mailing of the notice the licensee has not made
good his or her default or delinquency.
The department may cancel any license issued to any
licensee, such cancellation to become effective sixty days
from the date of receipt of the written request of such
licensee for cancellation thereof, and the department may
cancel the license of any licensee upon investigation and
sixty days notice mailed to the last known address of such
licensee if the department ascertains and finds that the
person to whom the license was issued is no longer engaged
in business, and has not been so engaged for the period of
six months prior to such cancellation. No license shall be
canceled upon the request of any licensee unless the licensee,
prior to the date of such cancellation, pays to the state all
taxes imposed by the provisions of this chapter, together
with all penalties accruing by reason of any failure on the
(2002 Ed.)
82.36.200 Carriers of motor vehicle fuel—
Examination of records, stocks, etc. The director or
authorized agents may at any time during normal business
hours examine the records, stocks, facilities and equipment
of any person engaged in the transportation of motor vehicle
fuel within the state of Washington for the purpose of
checking shipments or use of motor vehicle fuel, detecting
diversions thereof or evasion of taxes on same in enforcing
the provisions of this chapter. [1998 c 176 § 32; 1965 ex.s.
c 79 § 7; 1961 c 15 § 82.36.200. Prior: 1957 c 218 § 1;
1953 c 157 § 1; 1943 c 84 § 3; 1933 c 58 § 15; Rem. Supp.
1943 § 8327-15.]
82.36.210 Carriers of motor vehicle fuel—Invoice,
bill of sale, etc., required—Inspections. Every person
operating any conveyance for the purpose of hauling,
transporting or delivering motor vehicle fuel in bulk, shall
have and possess during the entire time they are hauling
motor vehicle fuel, an invoice, bill of sale, or other statement
showing the name, address, and license number of the seller
or consignor, the destination, name, and address of the
purchaser or consignee, license number, if applicable, and
the number of gallons. The person hauling such motor
vehicle fuel shall at the request of any law enforcement
officer, or authorized representative of the department, or
other person authorized by law to inquire into, or investigate
said matters, produce for inspection such invoice, bill of
sale, or other statement and shall permit such official to
inspect and gauge the contents of the vehicle. [1998 c 176
§ 33; 1965 ex.s. c 79 § 8; 1961 ex.s. c 21 § 30; 1961 c 15
§ 82.36.210. Prior: 1933 c 58 § 16; RRS § 8327-16.]
82.36.230 Exemptions—Imports, exports, federal
sales—Invoice—Certificate—Reporting. The provisions of
this chapter requiring the payment of taxes do not apply to
motor vehicle fuel imported into the state in interstate or
foreign commerce and intended to be sold while in interstate
or foreign commerce, nor to motor vehicle fuel exported
from this state by a licensee nor to any motor vehicle fuel
sold by a licensee to the armed forces of the United States
or to the national guard for use exclusively in ships or for
export from this state. The licensee shall report such
imports, exports and sales to the department at such times,
on such forms, and in such detail as the department may require, otherwise the exemption granted in this section is null
and void, and all fuel shall be considered distributed in this
state fully subject to the provisions of this chapter. Each
invoice covering exempt sales shall have the statement "Ex
[Title 82 RCW—page 197]
82.36.230
Title 82 RCW: Excise Taxes
Washington Motor Vehicle Fuel Tax" clearly marked
thereon.
To claim any exemption from taxes under this section
on account of sales by a licensee of motor vehicle fuel for
export, the purchaser shall obtain from the selling licensee,
and such selling licensee must furnish the purchaser, an
invoice giving such details of the sale for export as the department may require, copies of which shall be furnished the
department and the entity of the state or foreign jurisdiction
of destination which is charged by the laws of that state or
foreign jurisdiction with the control or monitoring, or both,
of the sales or movement of motor vehicle fuel in that state
or foreign jurisdiction. For the purposes of this section,
motor vehicle fuel distributed to a federally recognized
Indian tribal reservation located within the state of Washington is not considered exported outside this state.
To claim any refund of taxes previously paid on account
of sales of motor vehicle fuel to the armed forces of the
United States or to the national guard, the licensee shall be
required to execute an exemption certificate in such form as
shall be furnished by the department, containing a certified
statement by an authorized officer of the armed forces
having actual knowledge of the purpose for which the
exemption is claimed. The provisions of this section
exempting motor vehicle fuel sold to the armed forces of the
United States or to the national guard from the tax imposed
hereunder do not apply to any motor vehicle fuel sold to
contractors purchasing such fuel either for their own account
or as the agents of the United States or the national guard
for use in the performance of contracts with the armed
forces of the United States or the national guard.
The department may at any time require of any licensee
any information the department deems necessary to determine the validity of the claimed exemption, and failure to
supply such data will constitute a waiver of all right to the
exemption claimed. The department is hereby empowered
with full authority to promulgate rules and regulations and
to prescribe forms to be used by licensees in reporting to the
department so as to prevent evasion of the tax imposed by
this chapter.
Upon request from the officials to whom are entrusted
the enforcement of the motor vehicle fuel tax law of any
other state, the District of Columbia, the United States, its
territories and possessions, the provinces, or the Dominion
of Canada, the department may forward to such officials any
information which the department may have relative to the
import or export of any motor vehicle fuel by any licensee:
PROVIDED, That such governmental unit furnish like
information to this state. [1998 c 176 § 34; 1993 c 54 § 4;
1989 c 193 § 1; 1971 ex.s. c 156 § 2; 1967 c 153 § 3; 1965
ex.s. c 79 § 9; 1961 c 15 § 82.36.230. Prior: 1957 c 247 §
10; prior: 1953 c 150 § 1; 1949 c 220 § 13, part; 1943 c 84
§ 4, part; 1939 c 177 § 4, part; 1933 c 58 § 17, part; Rem.
Supp. 1949 § 8327-17, part.]
82.36.240 Sales to state or political subdivisions not
exempt. Nothing in this chapter shall be construed to
exempt from the payment of the tax any motor vehicle fuel
sold and delivered to or used by the state or any political
subdivision thereof, or any inflammable petroleum products
other than motor vehicle fuel, used by the state, or any
[Title 82 RCW—page 198]
political subdivision thereof, in the propulsion of motor
vehicles as herein defined. [1961 c 15 § 82.36.240. Prior:
1957 c 247 § 11; prior: 1949 c 220 § 13, part; 1943 c 84 §
4, part; 1939 c 177 § 4, part; 1933 c 58 § 17, part; Rem.
Supp. 1949 § 8327-17, part.]
82.36.245 Exemption—Sales to foreign diplomatic
and consular missions. Sales of motor vehicle fuel to
qualified foreign diplomatic and consular missions and their
qualified personnel, made under rules prescribed by the
director, are exempt from the tax imposed under this chapter
if the foreign government represented grants an equivalent
exemption to missions and personnel of the United States
performing similar services in the foreign country. Only
those foreign diplomatic and consular missions and their
personnel which are determined by the United States
department of state as eligible for the tax exemption, may
claim this exemption under rules prescribed by the director.
[1989 c 193 § 2.]
82.36.250 Nongovernmental use of fuels, etc.,
acquired from United States government—Tax—
Unlawful to procure or use. Any person who purchases or
otherwise acquires motor vehicle fuel upon which the tax has
not been paid, from the United States government, or any of
its agents or officers, for use not specifically associated with
any governmental function or operation or so acquires
inflammable petroleum products other than motor vehicle
fuel and uses the same in the propulsion of motor vehicles
as herein defined, for a use not associated with any governmental function or operation, shall pay to the state the tax
herein provided upon the motor vehicle fuel, or other
inflammable petroleum products so acquired. It shall be
unlawful for any person to use or to conspire with any
governmental official, agent, or employee for the use of any
requisition, purchase order, or any card or any authority to
which he is not specifically entitled by government regulations, for the purpose of obtaining any motor vehicle fuel or
other inflammable petroleum products upon which the state
tax has not been paid. [1961 c 15 § 82.36.250. Prior: 1957
c 247 § 12; prior: 1949 c 220 § 13, part; 1943 c 84 § 4,
part; 1939 c 177 § 4, part; 1933 c 58 § 17, part; Rem. Supp.
1949 § 8327-17, part.]
82.36.260 Extension of time for filing exportation
certificates or claiming exemptions. The director shall
have authority to extend the time prescribed under this
chapter for filing exportation certificates or claiming exemption for sales to the armed forces: PROVIDED, That written
request is filed with the director showing cause for failure to
do so within or prior to the prescribed period. [1965 ex.s.
c 79 § 11; 1961 c 15 § 82.36.260. Prior: 1957 c 247 § 13;
prior: 1949 c 220 § 13, part; 1943 c 84 § 4, part; 1939 c
177 § 4, part; 1933 c 58 § 17, part; Rem. Supp. 1949 §
8327-17, part.]
82.36.270 Refund permit. Any person desiring to
claim a refund shall obtain a permit from the department by
application therefor on such form as the department shall
prescribe, which application shall contain, among other
things, the name and address of the applicant, the nature of
(2002 Ed.)
Motor Vehicle Fuel Tax
the business and a sufficient description for identification of
the machines or equipment in which the motor vehicle fuel
is to be used, for which refund may be claimed under the
permit. The permit shall bear a permit number and all
applications for refund shall bear the number of the permit
under which it is claimed. The department shall keep a
record of all permits issued and a cumulative record of the
amount of refund claimed and paid thereunder. Such permit
shall be obtained before or at the time that the first application for refund is made under the provisions of this chapter.
[1977 c 28 § 2; 1973 c 96 § 3; 1967 c 153 § 4; 1961 c 15
§ 82.36.270. Prior: 1957 c 218 § 3; prior: 1945 c 38 § 1,
part; 1943 c 84 § 5, part; 1937 c 219 § 2, part; 1935 c 109
§ 2, part; 1933 c 58 § 18, part; Rem. Supp. 1945 § 8327-18,
part; prior: 1923 c 81 § 4, part.]
82.36.273 Refunds to licensee for fuel purchased by
exempt person—Exception—Invoice or proof. A licensee,
other than a motor vehicle fuel exporter, is entitled to a
refund of motor vehicle fuel tax previously paid on motor
vehicle fuel which is purchased from the licensee by a
person who is exempt from payment of the motor vehicle
fuel tax imposed by this chapter. Application for the refund
shall be accompanied by an invoice or proof satisfactory to
the department documenting each sale wherein the purchaser
was exempt the motor vehicle fuel tax. Claims for refunds
shall be made under this chapter. [1998 c 176 § 35.]
82.36.275 Refunds for urban transportation systems. Notwithstanding RCW 82.36.240, every urban
passenger transportation system shall receive a refund of the
amount of the motor vehicle fuel tax paid on each gallon of
motor vehicle fuel used, whether such vehicle fuel tax has
been paid either directly to the vendor from whom the motor
vehicle fuel was purchased or indirectly by adding the
amount of such tax to the price of such fuel.
For the purposes of this section "urban passenger
transportation system" means every transportation system,
publicly or privately owned, having as its principal source of
revenue the income from transporting persons for compensation by means of motor vehicles and/or trackless trolleys,
each having a seating capacity for over fifteen persons, over
prescribed routes in such a manner that the routes of such
motor vehicles and/or trackless trolleys (either alone or in
conjunction with routes of other such motor vehicles and/or
trackless trolleys subject to routing by the same transportation system) do not extend for a distance exceeding fifteen
road miles beyond the corporate limits of the city in which
the original starting points of such motor vehicles are
located: PROVIDED, That no refunds authorized by this
section shall be granted on fuel used by any urban transportation vehicle on any trip where any portion of said trip is
more than fifteen road miles beyond the corporate limits of
the city in which said trip originated. [1969 ex.s. c 281 §
27; 1967 c 86 § 1; 1965 c 135 § 1; 1963 c 187 § 1; 1961 c
117 § 1; 1961 c 15 § 82.36.275. Prior: 1959 c 298 § 1;
1957 c 292 § 1.]
Severability—1969 ex.s. c 281: See RCW 47.98.045.
82.36.280 Refunds for nonhighway use of fuel. Any
person who uses any motor vehicle fuel for the purpose of
(2002 Ed.)
82.36.270
operating any internal combustion engine not used on or in
conjunction with any motor vehicle licensed to be operated
over and along any of the public highways, and as the
motive power thereof, upon which motor vehicle fuel excise
tax has been paid, shall be entitled to and shall receive a
refund of the amount of the motor vehicle fuel excise tax
paid on each gallon of motor vehicle fuel so used, whether
such motor vehicle excise tax has been paid either directly
to the vendor from whom the motor vehicle fuel was
purchased or indirectly by adding the amount of such excise
tax to the price of such fuel. No refund shall be made for
motor vehicle fuel consumed by any motor vehicle as herein
defined that is required to be registered and licensed as
provided in chapter 46.16 RCW; and is operated over and
along any public highway except that a refund shall be
allowed for motor vehicle fuel consumed:
(1) In a motor vehicle owned by the United States that
is operated off the public highways for official use;
(2) By auxiliary equipment not used for motive power,
provided such consumption is accurately measured by a
metering device that has been specifically approved by the
department or is established by either of the following
formulae:
(a) For fuel used in pumping fuel or heating oils by a
power take-off unit on a delivery truck, refund shall be
allowed claimant for tax paid on fuel purchased at the rate
of three-fourths of one gallon for each one thousand gallons
of fuel delivered: PROVIDED, That claimant when presenting his or her claim to the department in accordance with the
provisions of this chapter, shall provide to said claim,
invoices of fuel oil delivered, or such other appropriate
information as may be required by the department to
substantiate his or her claim; or
(b) For fuel used in operating a power take-off unit on
a cement mixer truck or load compactor on a garbage truck,
claimant shall be allowed a refund of twenty-five percent of
the tax paid on all fuel used in such a truck; and
(c) The department is authorized to establish by rule
additional formulae for determining fuel usage when operating other types of equipment by means of power take-off
units when direct measurement of the fuel used is not
feasible. The department is also authorized to adopt rules
regarding the usage of on board computers for the production of records required by this chapter. [1998 c 176 §
36; 1993 c 141 § 1; 1985 c 371 § 5; 1980 c 131 § 5; 1972
ex.s. c 138 § 1; 1971 ex.s. c 36 § 1; 1969 ex.s. c 281 § 23;
1961 c 15 § 82.36.280. Prior: 1957 c 218 § 4; prior: 1951
c 263 § 1; 1945 c 38 § 1, part; 1943 c 84 § 5, part; 1937 c
219 § 2, part; 1935 c 109 § 2, part; 1933 c 58 § 18, part;
Rem. Supp. 1945 § 8327-18, part; prior: 1923 c 81 § 4,
part.]
Effective date—1972 ex.s. c 138: "The effective date of this act shall
be July 1, 1972." [1972 ex.s. c 138 § 6.]
82.36.285 Refunds for transit services to persons
with special transportation needs by nonprofit transportation providers. A private, nonprofit transportation
provider regulated under chapter 81.66 RCW shall receive a
refund of the amount of the motor vehicle fuel tax paid on
each gallon of motor vehicle fuel used to provide transportation services for persons with special transportation needs,
whether the vehicle fuel tax has been paid either directly to
[Title 82 RCW—page 199]
82.36.285
Title 82 RCW: Excise Taxes
the vendor from whom the motor vehicle fuel was purchased
or indirectly by adding the amount of the tax to the price of
the fuel. [1996 c 244 § 5; 1983 c 108 § 3.]
certificate covering all deliveries made to such purchaser
during any given calendar month. [1965 ex.s. c 79 § 12;
1961 c 15 § 82.36.305. Prior: 1957 c 218 § 16.]
82.36.290 Refunds for use in manufacturing,
cleaning, dyeing. Every person who purchases and uses any
motor vehicle fuel as an ingredient for manufacturing or for
cleaning or dyeing or for some other similar purpose and
upon which the motor vehicle fuel excise tax has been paid
shall be entitled to and shall receive a refund of the amount
of the motor vehicle fuel excise tax paid on each gallon of
motor vehicle fuel so used, whether such motor vehicle
excise tax has been paid either directly to the vendor from
whom the motor vehicle fuel was purchased or indirectly by
adding the amount of such excise tax to the price of such
fuel. [1961 c 15 § 82.36.290. Prior: 1957 c 218 § 5; prior:
1945 c 38 § 1, part; 1943 c 84 § 5, part; 1937 c 219 § 2,
part; 1935 c 109 § 2, part; 1933 c 58 § 18, part; Rem. Supp.
1945 § 8327-18, part; prior: 1923 c 81 § 4, part.]
82.36.306 Remedies for violation of RCW
82.36.305—Rules—Coloring of fuel exclusively for marine
use, samples may be taken. If any person who purchases
motor vehicle fuel exclusive of tax under the provisions of
RCW 82.36.305 uses or permits such fuel to be used for
purposes other than marine use as set forth in this chapter,
he shall immediately become liable for the motor vehicle
fuel tax imposed thereon and shall for a period of five years
thereafter become ineligible for any permit under RCW
82.36.270. The foregoing remedies shall be cumulative and
no action taken pursuant thereto shall relieve any person
from the penal provisions of this chapter.
The department is hereby empowered with full authority
to promulgate rules and regulations and to prescribe forms
necessary for the enforcement of the provisions relating to
such sales and use of motor vehicle fuel. This shall include
authority to require distributors and dealers to color motor
vehicle fuel so sold with a coloring matter to be prescribed
and furnished without cost by the department. It shall be
unlawful to use or to permit the use of the fuel so colored
for any purpose other than that provided under RCW
82.36.305. The department, in order to ascertain whether the
fuel so colored has been unlawfully used, may take samples
of fuel from fuel tanks of motor vehicles and conduct such
other examinations as it may deem necessary. [1973 c 96 §
4; 1961 c 15 § 82.36.306. Prior: 1957 c 218 § 17.]
82.36.300 Refunds on exported fuel. Every person
who shall export any motor vehicle fuel for use outside of
this state and who has paid the motor vehicle fuel excise tax
upon such motor vehicle fuel shall be entitled to and shall
receive a refund of the amount of the motor vehicle fuel
excise tax paid on each gallon of motor vehicle fuel so
exported. For the purposes of this section, motor vehicle
fuel distributed to a federally recognized Indian tribal
reservation located within the state of Washington is not
considered exported outside this state. [1998 c 176 § 37;
1963 ex.s. c 22 § 21; 1961 c 15 § 82.36.300. Prior: 1957
c 218 § 6; prior: 1945 c 38 § 1, part; 1943 c 84 § 5, part;
1937 c 219 § 2, part; 1935 c 109 § 2, part; 1933 c 58 § 18,
part; Rem. Supp. 1945 § 8327-18, part; prior: 1923 c 81 §
4, part.]
82.36.305 Refunds to dealer delivering fuel exclusively for marine use—Limitations—Supporting certificate. Any dealer who delivers motor vehicle fuel exclusively for marine use into the fuel tanks connected to the engine
of any marine vessel (excluding any amphibious vehicle)
owned or operated by the purchaser of the fuel, said dealer
having paid the tax on such fuel levied or directed to be paid
as provided in this chapter, either directly by the collection
of such tax by the vendor from the dealer or indirectly by
the adding of the amount of the tax to the price of such fuel,
shall be entitled to and shall be refunded the amount of the
tax so paid. The refund shall be applicable only if the
person to whom the dealer sold the fuel holds a permit
issued pursuant to the provisions of RCW 82.36.270 at the
time of sale. Each invoice covering such sale shall have the
statement, "Ex Washington Motor Vehicle Fuel Tax," clearly
marked thereon.
In addition to the claim to be filed under RCW
82.36.310 the dealer shall also file a certificate supporting
such refund in such form and detail as the director may
require. The certificate shall contain a statement signed by
the purchaser of the fuel to the effect that the fuel so
purchased will be used solely for marine use. The dealer
may either file a separate certificate obtained from the purchaser for each delivery of fuel thereto or he may file one
[Title 82 RCW—page 200]
82.36.310 Claim of refund. Any person claiming a
refund for motor vehicle fuel used or exported as in this
chapter provided shall not be entitled to receive such refund
until he presents to the director a claim upon forms to be
provided by the director with such information as the
director shall require, which claim to be valid shall in all
cases be accompanied by invoices issued to the claimant at
the time of the purchases of the motor vehicle fuel, approved
as to invoice form by the director. The requirement to
provide invoices may be waived for small refund amounts,
as determined by the department. Claims for refund of
motor vehicle fuel tax must be at least twenty dollars.
Any person claiming refund by reason of exportation of
motor vehicle fuel shall in addition to the invoices required
furnish to the director the export certificate therefor, and the
signature on the exportation certificate shall be certified by
a notary public. In all cases the claim shall be signed by the
person claiming the refund, if it is a corporation, by some
proper officer of the corporation, or if it is a limited liability
company, by some proper manager or member of the limited
liability company. [1998 c 176 § 38; 1998 c 115 § 3; 1995
c 318 § 3; 1965 ex.s. c 79 § 13; 1961 c 15 § 82.36.310.
Prior: 1957 c 218 § 7; prior: 1945 c 38 § 1, part; 1943 c
84 § 5, part; 1937 c 219 § 2, part; 1935 c 109 § 2, part;
1933 c 58 § 18, part; Rem. Supp. 1945 § 8327-18, part;
prior: 1923 c 81 § 4, part.]
Reviser’s note: This section was amended by 1998 c 115 § 3 and by
1998 c 176 § 38, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Effective date—1995 c 318: See note following RCW 82.04.030.
(2002 Ed.)
Motor Vehicle Fuel Tax
82.36.320 Information may be required. Any
person claiming refund on motor vehicle fuel used other than
in motor vehicles as herein provided, and any person
purchasing motor vehicle fuel from a dealer who is claiming
refund on account of the sale of such fuel under RCW
82.36.305 may be required by the director to also furnish
information regarding the amount of motor vehicle fuel
purchased from other sources or for other purposes during
the period reported for which no refund is claimed. [1961
c 15 § 82.36.320. Prior: 1957 c 218 § 8; prior: 1945 c 38
§ 1, part; 1943 c 84 § 5, part; 1937 c 219 § 2, part; 1935 c
109 § 2, part; 1933 c 58 § 18, part; Rem. Supp. 1945 §
8327-18, part; prior: 1923 c 81 § 4, part.]
82.36.330 Payment of refunds—Interest—Penalty.
Upon the approval of the director of the claim for refund,
the state treasurer shall draw a warrant upon the state treasury for the amount of the claim in favor of the person
making such claim and the warrant shall be paid from the
excise tax collected on motor vehicle fuel: PROVIDED,
That the state treasurer shall deduct from each marine use
refund claim an amount equivalent to one cent per gallon
and shall deposit the same in the coastal protection fund
created by RCW 90.48.390. Applications for refunds of
excise tax shall be filed in the office of the director not later
than the close of the last business day of a period thirteen
months from the date of purchase of such motor fuel, and if
not filed within this period the right to refund shall be
forever barred, except that such limitation shall not apply to
claims for loss or destruction of motor vehicle fuel as
provided by the provisions of RCW 82.36.370. The department shall pay interest of one percent on any refund payable
under this chapter that is issued more than thirty state
business days after the receipt of a claim properly filed and
completed in accordance with this section. After the end of
the thirty business-day period, additional interest shall accrue
at the rate of one percent on the amount payable for each
thirty calendar-day period, until the refund is issued. Any
person or the member of any firm or the officer or agent of
any corporation who makes any false statement in any claim
required for the refund of excise tax, as provided in this
chapter, or who collects or causes to be repaid to him or to
any other person any such refund without being entitled to
the same under the provisions of this chapter shall be guilty
of a gross misdemeanor. [1998 c 176 § 39; 1971 ex.s. c 180
§ 9; 1965 ex.s. c 79 § 14; 1961 c 15 § 82.36.330. Prior:
1957 c 218 § 9; prior: 1955 c 90 § 1; 1945 c 38 § 1, part;
1943 c 84 § 5, part; 1937 c 219 § 2, part; 1935 c 109 § 2,
part; 1933 c 58 § 18, part; Rem. Supp. 1945 § 8327-18, part;
prior: 1923 c 81 § 4, part.]
Severability—Short title—Construction—1971 ex.s. c 180: See
RCW 90.48.903, 90.48.906, and 90.56.900.
Coastal protection fund: RCW 90.48.390 and 90.48.400.
Definitions: RCW 90.56.010.
Rules and regulations: RCW 90.56.050 and 90.56.900.
82.36.335 Credits on tax in lieu of collection and
refund. In lieu of the collection and refund of the tax on
motor vehicle fuel used by a licensee in such a manner as
would entitle a purchaser to claim refund under this chapter,
credit may be given the licensee upon the licensee’s tax
(2002 Ed.)
82.36.320
return in the determination of the amount of the licensee’s
tax. Payment credits shall not be carried forward and
applied to subsequent tax returns. [1998 c 176 § 40; 1997
c 183 § 8; 1961 c 15 § 82.36.335. Prior: 1957 c 218 § 14.]
82.36.340 Examination of books and records. The
director may in order to establish the validity of any claim
for refund require the claimant, or, in the case of a dealer
filing a claim for refund as provided by RCW 82.36.305, the
person to whom such fuel was sold, to furnish such additional proof of the validity of the claim as the director may
determine, and may examine the books and records of the
claimant or said person to whom the fuel was sold for such
purpose. The records shall be sufficient to substantiate the
accuracy of the claim and shall be in such form and contain
such information as the director may require. The failure to
maintain such records or to accede to a demand for an
examination of such records may be deemed by the director
as sufficient cause for denial of all right to the refund
claimed on account of the transaction in question. [1961 c
15 § 82.36.340. Prior: 1957 c 218 § 10; prior: 1945 c 38
§ 1, part; 1943 c 84 § 5, part; 1937 c 219 § 2, part; 1935 c
109 § 2, part; 1933 c 58 § 18, part; Rem. Supp. 1945 §
8327-18, part; prior: 1923 c 81 § 4, part.]
82.36.350 Fraudulent invoices—Penalty. If upon
investigation the director determines that any claim has been
supported by an invoice or invoices fraudulently made or altered in any manner to support the claim, the director may
suspend the pending and all further refunds to any such
person making the claim for a period not to exceed one year.
[1998 c 176 § 41; 1961 c 15 § 82.36.350. Prior: 1957 c
218 § 11; prior: 1945 c 38 § 1, part; 1943 c 84 § 5, part;
1937 c 219 § 2, part; 1935 c 109 § 2, part; 1933 c 58 § 18,
part; Rem. Supp. 1945 § 8327-18, part; prior: 1923 c 81 §
4, part.]
82.36.360 Separate invoices for nontaxed fuel.
When motor vehicle fuel is sold to a person who claims to
be entitled to a refund of the tax, the seller of such motor
vehicle fuel shall make and deliver at the time of sale
separate invoices for each purchase on invoice forms
approved by the director showing the name and address of
the seller, the name and address of the purchaser, the number
of gallons of motor vehicle fuel so sold, and the date of such
purchase. All invoices shall be legibly written and shall be
void if any corrections or erasures appear on the face
thereof. [1961 c 15 § 82.36.360. Prior: 1957 c 218 § 12;
prior: 1945 c 38 § 1, part; 1943 c 84 § 5, part; 1937 c 219
§ 2, part; 1935 c 109 § 2, part; 1933 c 58 § 18, part; Rem.
Supp. 1945 § 8327-18, part; prior: 1923 c 81 § 4, part.]
82.36.370 Refunds for fuel lost or destroyed
through fire, flood, leakage, etc. (1) A refund shall be
made in the manner provided in this chapter or a credit
given allowing for the excise tax paid or accrued on all
motor vehicle fuel which is lost or destroyed, while applicant
shall be the owner thereof, through fire, lightning, flood,
wind storm, or explosion.
(2) A refund shall be made in the manner provided in
this chapter or a credit given allowing for the excise tax paid
[Title 82 RCW—page 201]
82.36.370
Title 82 RCW: Excise Taxes
or accrued on all motor vehicle fuel of five hundred gallons
or more which is lost or destroyed, while applicant shall be
the owner thereof, through leakage or other casualty except
evaporation, shrinkage or unknown causes: PROVIDED,
That the director shall be notified in writing as to the full
circumstances surrounding such loss or destruction and the
amount of the loss or destruction within thirty days from the
day of discovery of such loss or destruction.
(3) Recovery for such loss or destruction under either
subsection (1) or (2) must be susceptible to positive proof
thereby enabling the director to conduct such investigation
and require such information as the director may deem
necessary.
In the event that the director is not satisfied that the fuel
was lost or destroyed as claimed, wherefore required
information or proof as required hereunder is not sufficient
to substantiate the accuracy of the claim, the director may
deem as sufficient cause the denial of all right relating to the
refund or credit for the excise tax on motor vehicle fuel
alleged to be lost or destroyed. [1998 c 176 § 42; 1967 c
153 § 5; 1965 ex.s. c 79 § 15; 1961 c 15 § 82.36.370. Prior: 1957 c 218 § 13; prior: 1945 c 38 § 1, part; 1943 c 84
§ 5, part; 1937 c 219 § 2, part; 1935 c 109 § 2, part; 1933
c 58 § 18, part; Rem. Supp. 1945 § 8327-18, part; prior:
1923 c 81 § 4, part.]
82.36.373 Refund for worthless accounts receivable—Rules—Apportionment after receipt. A motor
vehicle fuel distributor, motor vehicle fuel importer, or motor
vehicle fuel blender, under rules adopted by the department,
is entitled to a refund of the tax paid on those sales of motor
vehicle fuel for which no consideration has been received
from or on behalf of the purchaser and that has been
declared to be worthless accounts receivable. The amount
of tax refunded must not exceed the amount of tax paid by
the motor vehicle fuel distributor, motor vehicle fuel
importer, or motor vehicle fuel blender under this chapter.
If the motor vehicle fuel distributor, motor vehicle fuel
importer, or motor vehicle fuel blender subsequently collects
any amount from the account declared worthless, the amount
collected shall be apportioned between the charges for the
fuel and tax thereon. The motor vehicle fuel tax collected
must be returned to the department. [1998 c 176 § 43.]
82.36.375 Time limitation on erroneous payment
credits or refunds and notices of additional tax. Unless
otherwise provided, any credit for erroneous overpayment of
tax made by a licensee to be taken on a subsequent return or
any claim of refund for tax erroneously overpaid by a
licensee, pursuant to the provisions of RCW 82.36.090, must
be so taken within five years after the date on which the
overpayment was made to the state. Failure to take such
credit or claim such refund within the time prescribed in this
section shall constitute waiver of any and all demands
against this state on account of overpayment hereunder.
Except in the case of a fraudulent report or neglect or
refusal to make a report every notice of additional tax,
penalty or interest assessed hereunder shall be served on the
licensee within five years from the date upon which such
additional taxes became due. [1998 c 176 § 44; 1965 ex.s.
c 79 § 16.]
[Title 82 RCW—page 202]
82.36.380 Violations—Penalties. (1) It is unlawful
for a person or corporation to evade a tax or fee imposed
under this chapter.
(2) Evasion of taxes or fees under this chapter is a class
C felony under chapter 9A.20 RCW. In addition to other
penalties and remedies provided by law, the court shall order
a person or corporation found guilty of violating subsection
(1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing
at the date the tax or fee was first due, at the rate of twelve
percent per year, compounded monthly; and
(b) Pay a penalty of one hundred percent of the tax
evaded, to the multimodal transportation account of the state.
[2000 2nd sp.s. c 4 § 9; 1995 c 287 § 2; 1961 c 15 §
82.36.380. Prior: 1949 c 234 § 2, part; 1933 c 58 § 19,
part; Rem. Supp. 1949 § 8327-19, part; prior: 1921 c 173
§ 12, part.]
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following
RCW 43.89.010.
82.36.390 Diversion of export fuel—Penalty. Any
person who obtains motor vehicle fuel for export and fails to
export the same or any portion thereof, or causes such motor
vehicle fuel or any thereof not to be exported, or who diverts
said motor vehicle fuel or any thereof or who causes it to be
diverted from interstate or foreign transit begun in this state,
or who unlawfully returns such fuel or any thereof to this
state and sells or uses it or any thereof in this state or causes
it or any thereof to be used or sold in this state and fails to
notify the licensee from whom such motor vehicle fuel was
originally purchased, and any licensee or person who
conspires with any person to withhold from export, or divert
from interstate or foreign transit begun in this state, or to
return motor vehicle fuel to this state for sale or use with
intent to avoid any of the taxes imposed by this chapter, is
guilty of a felony, or gross misdemeanor in accordance with
the theft and anticipatory provisions of Title 9A RCW. Each
shipment illegally diverted or illegally returned shall be a
separate offense, and the unit of each shipment shall be the
cargo of one vessel, or one railroad carload, or one automobile truck load, or such truck and trailer load, or one drum,
or one barrel, or one case or one can. [1998 c 176 § 45;
1996 c 104 § 6; 1961 c 15 § 82.36.390. Prior: 1949 c 234
§ 2, part; 1933 c 58 § 19, part; Rem. Supp. 1949 § 8327-19,
part; prior: 1921 c 173 § 12, part.]
82.36.400 Other offenses—Penalties. It shall be
unlawful for any person to commit any of the following acts:
(1) To display, or cause to permit to be displayed, or to
have in possession, any motor vehicle fuel license knowing
the same to be fictitious or to have been suspended, canceled, revoked or altered;
(2) To lend to, or knowingly permit the use of, by one
not entitled thereto, any motor vehicle fuel license issued to
the person lending it or permitting it to be used;
(3) To display or to represent as one’s own any motor
vehicle fuel license not issued to the person displaying the
same;
(4) To use a false or fictitious name or give a false or
fictitious address in any application or form required under
(2002 Ed.)
Motor Vehicle Fuel Tax
the provisions of this chapter, or otherwise commit a fraud
in any application, record, or report;
(5) To refuse to permit the director, or any agent
appointed by him or her in writing, to examine his or her
books, records, papers, storage tanks, or other equipment
pertaining to the use or sale and delivery of motor vehicle
fuels within the state.
Except as otherwise provided, any person violating any
of the provisions of this chapter shall be guilty of a gross
misdemeanor and shall, upon conviction thereof, be sentenced to pay a fine of not less than five hundred dollars nor
more than one thousand dollars and costs of prosecution, or
imprisonment for not more than one year, or both. [1998 c
176 § 46; 1971 ex.s. c 156 § 3; 1967 c 153 § 6; 1961 c 15
§ 82.36.400. Prior: 1949 c 234 § 2, part; 1933 c 58 § 19,
part; Rem. Supp. 1949 § 8327-19, part; prior: 1921 c 173
§ 12, part.]
82.36.405 Liability, payment, and report of taxes
due before March 2000—Inventory report—Penalties,
interest. A motor vehicle fuel distributor who incurs
liability in December 1998 for the motor vehicle fuel tax
imposed under this chapter shall report the liability and pay
the tax in January 1999 in the manner required by this
chapter as it existed before January 1, 1999.
A motor vehicle fuel distributor shall inventory all
motor vehicle fuel that is on hand or in possession as of
12:01 a.m. on January 1, 1999, and is not in the bulk transfer-terminal system and shall report the results of the
inventory to the department no later than the last business
day of February 1999. The report of inventory must be
made on a form prescribed by the department.
A motor vehicle fuel distributor may pay the tax due on
motor vehicle fuel in inventory any time before February 28,
2000, but at least one-twelfth of the amount due must be
paid by the last day of each month starting with February
1999. Payments not received in accordance with this section
are late and are subject to the interest and penalty provisions
of this chapter. Payments made after February 2000 are late
and are subject to the interest and penalty provisions of this
chapter. [1998 c 176 § 47.]
82.36.407 Tax liability of user—Payment—
Exceptions. (1) It is intended that the ultimate liability for
the tax imposed under this chapter be upon the motor vehicle
fuel user, regardless of the manner in which collection of the
tax is provided for in this chapter. The tax on motor vehicle
fuel imposed under this chapter, if not previously imposed
and paid, must be paid over to the department by the users
of such motor vehicle fuel, unless such use is exempt from
the motor vehicle fuel tax.
(2) This section does not apply to agreements entered
into under RCW 82.36.450 between the department and
federally recognized Indian tribes, nor does it apply to the
consent decrees entered in Confederated Tribes of the
Colville Reservation v. Washington Department of Licensing,
No. CS-92-248-JLQ (E.D. Wash.) and Teo v. Steffenson, No.
CY-93-3050-AAM (E.D. Wash.). [1998 c 176 § 48.]
82.36.410 Revenue to motor vehicle fund. All
moneys collected by the director shall be transmitted
(2002 Ed.)
82.36.400
forthwith to the state treasurer, together with a statement
showing whence the moneys were derived, and shall be by
him credited to the motor vehicle fund. [1973 c 95 § 5;
1961 c 15 § 82.36.410. Prior: 1933 c 58 § 20; RRS §
8327-20.]
82.36.415 Refund to aeronautics account. At least
once each fiscal year, the director shall request the state
treasurer to refund from the motor vehicle fund, to the
aeronautics account created under RCW 82.42.090, an
amount equal to 0.028 percent of the gross motor vehicle
fuel tax less an amount equal to aircraft fuel taxes transferred to that account as a result of nonhighway refunds
claimed by motor fuel purchasers. The refund shall be
considered compensation for unclaimed motor vehicle fuel
that is used in aircraft for purposes taxable under RCW
82.42.020. The director shall also remit from the motor
vehicle fund the taxes required by RCW 82.12.0256(3)(c) for
the unclaimed refunds, provided that the sum of the amount
refunded and the amount remitted in accordance with RCW
82.12.0256(3)(c) shall not exceed the unclaimed refunds.
[1987 c 220 § 4.]
Severability—1987 c 220: See note following RCW 47.68.230.
82.36.420 Disposition of fees, fines, penalties. Fifty
percent of all fines and forfeitures imposed in any criminal
proceeding by any court of this state for violations of the
penal provisions of this chapter shall be paid to the current
expense fund of the county wherein collected and the
remaining fifty percent shall be paid into the motor vehicle
fund of the state: PROVIDED, That all fees, fines, forfeitures and penalties collected or assessed by a district court
because of the violation of a state law shall be remitted as
provided in chapter 3.62 RCW as now exists or is later
amended. All fees and penalties collected by the director
under the penalty provisions of this chapter shall be paid into
the motor vehicle fund. [1987 c 202 § 245; 1969 ex.s. c 199
§ 40; 1961 c 15 § 82.36.420. Prior: 1933 c 58 § 21; RRS
§ 8327-21.]
Intent—1987 c 202: See note following RCW 2.04.190.
82.36.430 Enforcement. The director is charged with
the enforcement of the provisions of this chapter. State
patrolmen shall aid the director in the enforcement of this
chapter and, for this purpose, are declared to be peace
officers, and given police power and authority throughout the
state to arrest on view, without writ, rule, order, or process,
any person known to have violated any of the provisions of
this chapter. [1961 c 15 § 82.36.430. Prior: 1933 c 58 §
22; RRS § 8327-22.]
82.36.435 Enforcement and administration—Rulemaking authority. The department shall enforce the
provisions of this chapter and may adopt and enforce
reasonable rules relating to the administration and enforcement thereof. [1981 c 342 § 5.]
Effective date—Severability—1981 c 342: See notes following
RCW 82.36.010.
82.36.440 State preempts tax field. The tax levied
in this chapter is in lieu of any excise, privilege, or occupa[Title 82 RCW—page 203]
82.36.440
Title 82 RCW: Excise Taxes
tional tax upon the business of manufacturing, selling, or
distributing motor vehicle fuel, and no city, town, county,
township or other subdivision or municipal corporation of
the state shall levy or collect any excise tax upon or measured by the sale, receipt, distribution, or use of motor
vehicle fuel, except as provided in RCW 82.80.010 and
82.47.020. [1991 c 173 § 4; 1990 c 42 § 204; 1979 ex.s. c
181 § 5; 1961 c 15 § 82.36.440. Prior: 1933 c 58 § 23;
RRS § 8327-23.]
Effective date—1991 c 173: See note following RCW 82.47.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1979 ex.s. c 181: "This 1979 act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1979." [1979 ex.s. c 181 § 10.]
Severability—1979 ex.s. c 181: "If any provision of this 1979 act,
or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 181 § 8.]
82.36.450 Agreement with tribe for imposition,
collection, use. The department of licensing may enter into
an agreement with any federally recognized Indian tribe
located on a reservation within this state regarding the
imposition, collection, and use of this state’s motor vehicle
fuel tax, or the budgeting or use of moneys in lieu thereof,
upon terms substantially the same as those in the consent
decree entered by the federal district court (Eastern District
of Washington) in Confederated Tribes of the Colville
Reservation v. DOL, et al., District Court No. CY-92-248JLO. [1995 c 320 § 2.]
Legislative recognition, belief—1995 c 320: "The legislature
recognizes that certain Indian tribes located on reservations within this state
dispute the authority of the state to impose a tax upon the tribe, or upon
tribal members, based upon the distribution, sale, or other transfer of motor
vehicle and other fuels to the tribe or its members when that distribution,
sale, or other transfer takes place upon that tribe’s reservation. While the
legislature believes it has the authority to impose state motor vehicle and
other fuel taxes under such circumstances, it also recognizes that all of the
state citizens may benefit from resolution of these disputes between the
respective governments." [1995 c 320 § 1.]
Severability—1995 c 320: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 c 320 § 4.]
Effective date—1995 c 320: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 11, 1995]." [1995 c 320 § 5.]
82.36.460 Motor vehicle fuel tax cooperative
agreement. The department of licensing may enter into a
motor vehicle fuel tax cooperative agreement with another
state or Canadian province for the administration, collection,
and enforcement of each state’s or Canadian province’s
motor vehicle fuel taxes. [1998 c 176 § 49.]
82.36.800 Rules—1998 c 176. The department of
licensing shall adopt rules necessary to implement chapter
176, Laws of 1998 and shall seek the assistance of the fuel
tax advisory committee in developing and adopting the rules.
[1998 c 176 § 87.]
82.36.900 Findings—1998 c 176. The legislature
finds and declares that:
(1) The health, safety, and welfare of the people of the
state of Washington are dependent on the state’s ability to
properly collect the taxes enacted by the legislature;
(2) The current system for collecting special fuel taxes
and motor vehicle fuel tax has allowed many parties to
fraudulently evade paying the special fuel taxes and motor
vehicle fuel tax due the state; and
(3) By changing the point of collection of the special
fuel taxes and motor vehicle fuel tax from distributors to
suppliers, the department of licensing will have fewer parties
to collect tax from and enforcement will be enhanced, thus
leading to greater revenues for the state. [1998 c 176 § 1.]
82.36.901 Effective date—1998 c 176. This act takes
effect January 1, 1999. [1998 c 176 § 91.]
Chapter 82.38
SPECIAL FUEL TAX ACT
Sections
82.38.010
82.38.020
82.38.030
82.38.032
82.38.035
82.38.045
82.38.047
82.38.050
82.38.060
82.38.065
82.38.066
82.38.070
82.38.071
82.38.075
82.38.080
82.38.081
82.38.090
82.38.100
82.38.110
82.38.120
82.38.130
82.38.140
82.38.150
82.38.160
82.38.165
82.38.170
82.38.180
[Title 82 RCW—page 204]
Statement of purpose.
Definitions.
Tax levied and imposed—Rate to be computed—
Incidence—Allocation of proceeds.
Payment of tax by users and persons licensed under international fuel tax agreement or reciprocity agreements.
Remittance of tax.
Liability of terminal operator for remittance.
Liability of terminal operator for remittal—Removal of
special fuel in combination with indication that fuel is
dyed or marked in accordance with internal revenue
service requirements.
Tax liability on leased motor vehicles.
Tax computation on mileage basis.
Dyed special fuel use—Authorization, license required—
Imposition of tax.
Dyed special fuel—Requirements—Marking—Notice.
Credit for sales for which no consideration was received—
Report—Adjustment.
Refund for worthless accounts receivable—Rules—
Apportionment after receipt.
Natural gas, propane—Annual license fee in lieu of special
fuel tax for use in motor vehicles—Schedule—Decal or
other identifying device.
Exemptions.
Exemptions—Motor vehicle fuel used for racing.
Penalty for acting without license—Separate licenses for
separate activities—Interstate commerce—Exception.
Trip permits—Fees—Tax—Distributions.
Application for license—Federal certificate of registry—
Investigation—Fee—Penalty for false statement—Bond
or security.
Issuance of license—Refusal—Inspection of records—
Posting—Display—Duration—Transferability.
Revocation, suspension, cancellation, and surrender of license—Notice—Bond release, discharge—New or additional bond or surety.
Special fuel records—Reports—Inspection.
Periodic tax reports—Forms—Filing.
Computation and payment of tax—Remittance—Electronic
funds transfer.
Notice by supplier of distributor’s failure to pay tax—
License suspension—Notice to suppliers—Revocation or
suspension upon continued noncompliance.
Civil and statutory penalties and interest—Deficiency assessments.
Refunds and credits.
(2002 Ed.)
Special Fuel Tax Act
82.38.182
82.38.185
82.38.190
82.38.200
82.38.210
82.38.220
82.38.230
82.38.235
82.38.240
82.38.245
82.38.250
82.38.260
82.38.265
82.38.270
82.38.275
82.38.280
82.38.285
82.38.289
82.38.290
82.38.300
82.38.310
82.38.320
82.38.350
82.38.800
82.38.900
82.38.910
82.38.920
82.38.930
82.38.940
82.38.941
Exemption—Special authorization to farmers, logging companies, construction companies for purchases—
Application—Card lock facility use—Refund—Forms—
Termination of election—Renewal—Records.
Refunds—Tax paid purchased by exempt person—
Application.
Claim of refund or credit.
Suits for recovery of taxes illegally or erroneously collected.
Tax lien—Filing.
Delinquency—Notice to debtors—Transfer or disposition of
property, credits, or debts prohibited—Lien—Answer.
Delinquency—Seizure and sale of property—Notice—
Distribution of excess.
Assessments—Warrant—Lien—Filing fee—Writs of execution and garnishment.
Delinquency—Collection by civil action—Certificate.
Bankruptcy proceedings—Notice.
Remedies cumulative.
Administration and enforcement.
Administration, collection, and enforcement of taxes pursuant to chapter 82.41 RCW.
Violations—Penalties.
Investigatory power.
State preempts tax field.
Tax liability of user—Exceptions.
Liability, payment, and report of taxes due before March
2000—Inventory report—Penalties, interest.
Disposition of funds.
Judicial review and appeals.
Agreement with tribe for imposition, collection, use.
Bulk storage of special fuel by international fuel tax agreement licensee—Authorization to pay tax at time of filing
tax return—Schedule—Report—Exemptions.
Fuel tax cooperative agreement.
Rules—1998 c 176.
Section captions.
Short title.
Severability—1971 ex.s. c 175.
Effective date—1971 ex.s. c 175.
Findings—1998 c 176.
Effective date—1998 c 176.
82.38.010 Statement of purpose. The purpose of this
chapter is to supplement the Motor Vehicle Fuel Tax Act,
chapter 82.36 RCW, by imposing a tax upon all fuels not
taxed under said Motor Vehicle Fuel Tax Act used for the
propulsion of motor vehicles upon the highways of this state.
[1979 c 40 § 1; 1971 ex.s. c 175 § 2.]
82.38.020 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Blended special fuel" means a mixture of undyed
diesel fuel and another liquid, other than a de minimis
amount of the liquid, that can be used as a fuel to propel a
motor vehicle.
(2) "Blender" means a person who produces blended
special fuel outside the bulk transfer-terminal system.
(3) "Bond" means a bond duly executed with a corporate surety qualified under chapter 48.28 RCW, which bond
is payable to the state of Washington conditioned upon
faithful performance of all requirements of this chapter,
including the payment of all taxes, penalties, and other
obligations arising out of this chapter.
(4) "Bulk transfer-terminal system" means the special
fuel distribution system consisting of refineries, pipelines,
vessels, and terminals. Special fuel in a refinery, pipeline,
vessel, or terminal is in the bulk transfer-terminal system.
Special fuel in the fuel tank of an engine, motor vehicle, or
(2002 Ed.)
Chapter 82.38
in a railcar, trailer, truck, or other equipment suitable for
ground transportation is not in the bulk transfer-terminal
system.
(5) "Bulk transfer" means a transfer of special fuel by
pipeline or vessel.
(6) "Bulk storage" means the placing of special fuel into
a receptacle other than the fuel supply tank of a motor
vehicle.
(7) "Department" means the department of licensing.
(8) "Dyed special fuel user" means a person authorized
by the internal revenue code to operate a motor vehicle on
the highway using dyed special fuel, in which the use is not
exempt from the special fuel tax.
(9) "Evasion" or "evade" means to diminish or avoid the
computation, assessment, or payment of authorized taxes or
fees through:
(a) A knowing: False statement; omission; misrepresentation of fact; or other act of deception;
(b) An intentional: Failure to file a return or report; or
other act of deception; or
(c) The unlawful use of dyed special fuel.
(10) "Export" means to obtain special fuel in this state
for sales or distribution outside the state.
(11) "Highway" means every way or place open to the
use of the public, as a matter of right, for the purpose of
vehicular travel.
(12) "Import" means to bring special fuel into this state
by a means of conveyance other than the fuel supply tank of
a motor vehicle.
(13) "International fuel tax agreement licensee" means
a special fuel user operating qualified motor vehicles in
interstate commerce and licensed by the department under
the international fuel tax agreement.
(14) "Lessor" means a person: (a) Whose principal
business is the bona fide leasing or renting of motor vehicles
without drivers for compensation to the general public; and
(b) who maintains established places of business and whose
lease or rental contracts require the motor vehicles to be
returned to the established places of business.
(15) "Licensee" means a person holding a license issued
under this chapter.
(16) "Motor vehicle" means a self-propelled vehicle
designed for operation upon land utilizing special fuel as the
means of propulsion.
(17) "Natural gas" means naturally occurring mixtures
of hydrocarbon gases and vapors consisting principally of
methane, whether in gaseous or liquid form.
(18) "Person" means a natural person, fiduciary,
association, or corporation. The term "person" as applied to
an association means and includes the partners or members
thereof, and as applied to corporations, the officers thereof.
(19) "Position holder" means a person who holds the
inventory position in special fuel, as reflected by the records
of the terminal operator. A person holds the inventory
position in special fuel if the person has a contractual
agreement with the terminal for the use of storage facilities
and terminating services at a terminal with respect to special
fuel. "Position holder" includes a terminal operator that
owns special fuel in their terminal.
(20) "Rack" means a mechanism for delivering special
fuel from a refinery or terminal into a truck, trailer, railcar,
or other means of nonbulk transfer.
[Title 82 RCW—page 205]
82.38.020
Title 82 RCW: Excise Taxes
(21) "Refiner" means a person who owns, operates, or
otherwise controls a refinery.
(22) "Removal" means a physical transfer of special fuel
other than by evaporation, loss, or destruction.
(23) "Special fuel" means and includes all combustible
gases and liquids suitable for the generation of power for
propulsion of motor vehicles, except that it does not include
motor vehicle fuel as defined in chapter 82.36 RCW, nor
does it include dyed special fuel as defined by federal
regulations, unless the use is in violation of this chapter. If
a person holds for sale, sells, purchases, or uses any dyed
special fuel in violation of this chapter, all dyed special fuel
held for sale, sold, purchased, stored, or used by that person
is considered special fuel, and the person is subject to all
presumptions, reporting, and recordkeeping requirements and
other obligations which apply to special fuel, along with
payment of any applicable taxes, penalties, or interest for
illegal use.
(24) "Special fuel distributor" means a person who
acquires special fuel from a supplier, distributor, or licensee
for subsequent sale and distribution.
(25) "Special fuel exporter" means a person who
purchases special fuel in this state and directly exports the
fuel by a means other than the bulk transfer-terminal system
to a destination outside of the state.
(26) "Special fuel importer" means a person who
imports special fuel into the state by a means other than the
bulk transfer-terminal system. If the importer of record is
acting as an agent, the person for whom the agent is acting
is the importer. If there is no importer of record, the owner
of the special fuel at the time of importation is the importer.
(27) "Special fuel supplier" means a person who holds
a federal certificate issued under the internal revenue code
and authorizes the person to tax-free transactions on special
fuel in the bulk transfer-terminal system.
(28) "Special fuel user" means a person engaged in uses
of special fuel that are not specifically exempted from the
special fuel tax imposed under this chapter.
(29) "Terminal" means a special fuel storage and
distribution facility that has been assigned a terminal control
number by the internal revenue service, is supplied by
pipeline or vessel, and from which reportable special fuel is
removed at a rack.
(30) "Terminal operator" means a person who owns,
operates, or otherwise controls a terminal.
(31) "Two-party exchange" or "buy-sell agreement"
means a transaction in which taxable special fuel is transferred from one licensed supplier to another licensed supplier
under an exchange or buy-sell agreement whereby the
supplier that is the position holder agrees to deliver taxable
special fuel to the other supplier or the other supplier’s
customer at the rack of the terminal at which the delivering
supplier is the position holder. [2002 c 183 § 1; 2001 c 270
§ 4; 1998 c 176 § 50; 1995 c 287 § 3; 1994 c 262 § 22;
1988 c 122 § 1; 1979 c 40 § 2; 1971 ex.s. c 175 § 3.]
82.38.030 Tax levied and imposed—Rate to be
computed—Incidence—Allocation of proceeds. (Effective
unless Referendum Bill No. 51 is approved at the November 2002 general election.) (1) There is hereby levied and
imposed upon special fuel users a tax at the rate computed
[Title 82 RCW—page 206]
in the manner provided in RCW 82.36.025 on each gallon of
special fuel, or each one hundred cubic feet of compressed
natural gas, measured at standard pressure and temperature.
(2) The tax imposed by subsection (1) of this section is
imposed when:
(a) Special fuel is removed in this state from a terminal
if the special fuel is removed at the rack unless the removal
is to a licensed exporter for direct delivery to a destination
outside of the state, or the removal is to a special fuel
distributor for direct delivery to an international fuel tax
agreement licensee under RCW 82.38.320;
(b) Special fuel is removed in this state from a refinery
if either of the following applies:
(i) The removal is by bulk transfer and the refiner or the
owner of the special fuel immediately before the removal is
not a licensee; or
(ii) The removal is at the refinery rack unless the
removal is to a licensed exporter for direct delivery to a
destination outside of the state, or the removal is to a special
fuel distributor for direct delivery to an international fuel tax
agreement licensee under RCW 82.38.320;
(c) Special fuel enters into this state for sale, consumption, use, or storage if either of the following applies:
(i) The entry is by bulk transfer and the importer is not
a licensee; or
(ii) The entry is not by bulk transfer;
(d) Special fuel is sold or removed in this state to an
unlicensed entity unless there was a prior taxable removal,
entry, or sale of the special fuel;
(e) Blended special fuel is removed or sold in this state
by the blender of the fuel. The number of gallons of
blended special fuel subject to tax is the difference between
the total number of gallons of blended special fuel removed
or sold and the number of gallons of previously taxed special
fuel used to produce the blended special fuel;
(f) Dyed special fuel is used on a highway, as authorized by the internal revenue code, unless the use is exempt
from the special fuel tax;
(g) Dyed special fuel is held for sale, sold, used, or is
intended to be used in violation of this chapter;
(h) Special fuel purchased by an international fuel tax
agreement licensee under RCW 82.38.320 is used on a
highway; and
(i) Special fuel is sold by a licensed special fuel supplier
to a special fuel distributor, special fuel importer, or special
fuel blender and the special fuel is not removed from the
bulk transfer-terminal system.
(3) The tax imposed by this chapter, if required to be
collected by the licensee, is held in trust by the licensee until
paid to the department, and a licensee who appropriates or
converts the tax collected to his or her own use or to any use
other than the payment of the tax to the extent that the
money required to be collected is not available for payment
on the due date as prescribed in this chapter is guilty of a
felony, or gross misdemeanor in accordance with the theft
and anticipatory provisions of Title 9A RCW. A person,
partnership, corporation, or corporate officer who fails to
collect the tax imposed by this section, or who has collected
the tax and fails to pay it to the department in the manner
prescribed by this chapter, is personally liable to the state for
the amount of the tax. [2002 c 183 § 2; 2001 c 270 § 6;
1998 c 176 § 51; 1996 c 104 § 7; 1989 c 193 § 3; 1983 1st
(2002 Ed.)
Special Fuel Tax Act
ex.s. c 49 § 30; 1979 c 40 § 3; 1977 ex.s. c 317 § 5; 1975
1st ex.s. c 62 § 1; 1973 1st ex.s. c 156 § 1; 1972 ex.s. c 135
§ 2; 1971 ex.s. c 175 § 4.]
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
82.38.030 Tax levied and imposed—Rate to be
computed—Incidence—Allocation of proceeds. (Effective
December 30, 2002, if Referendum Bill No. 51 is approved
at the November 2002 general election.) (1) There is
hereby levied and imposed upon special fuel users a tax at
the rate of twenty-three cents per gallon of special fuel, or
each one hundred cubic feet of compressed natural gas,
measured at standard pressure and temperature.
(2) Beginning January 1, 2003, an additional and
cumulative tax rate of five cents per gallon of special fuel,
or each one hundred cubic feet of compressed natural gas,
measured at standard pressure and temperature shall be
imposed on special fuel users.
(3) Beginning January 1, 2004, an additional and
cumulative special fuel tax rate of four cents per gallon of
special fuel, or each one hundred cubic feet of compressed
natural gas, measured at standard pressure and temperature
shall be imposed on special fuel users.
(4) The tax is imposed when:
(a) Special fuel is removed in this state from a terminal
if the special fuel is removed at the rack unless the removal
is to a licensed exporter for direct delivery to a destination
outside of the state, or the removal is to a special fuel
distributor for direct delivery to an international fuel tax
agreement licensee under RCW 82.38.320;
(b) Special fuel is removed in this state from a refinery
if either of the following applies:
(i) The removal is by bulk transfer and the refiner or the
owner of the special fuel immediately before the removal is
not a licensee; or
(ii) The removal is at the refinery rack unless the
removal is to a licensed exporter for direct delivery to a
destination outside of the state, or the removal is to a special
fuel distributor for direct delivery to an international fuel tax
agreement licensee under RCW 82.38.320;
(c) Special fuel enters into this state for sale, consumption, use, or storage if either of the following applies:
(i) The entry is by bulk transfer and the importer is not
a licensee; or
(ii) The entry is not by bulk transfer;
(d) Special fuel is sold or removed in this state to an
unlicensed entity unless there was a prior taxable removal,
entry, or sale of the special fuel;
(e) Blended special fuel is removed or sold in this state
by the blender of the fuel. The number of gallons of
blended special fuel subject to tax is the difference between
the total number of gallons of blended special fuel removed
or sold and the number of gallons of previously taxed special
fuel used to produce the blended special fuel;
(f) Dyed special fuel is used on a highway, as authorized by the internal revenue code, unless the use is exempt
from the special fuel tax;
(g) Dyed special fuel is held for sale, sold, used, or is
intended to be used in violation of this chapter;
(2002 Ed.)
82.38.030
(h) Special fuel purchased by an international fuel tax
agreement licensee under RCW 82.38.320 is used on a
highway; and
(i) Special fuel is sold by a licensed special fuel supplier
to a special fuel distributor, special fuel importer, or special
fuel blender and the special fuel is not removed from the
bulk transfer-terminal system.
(5) The tax imposed by this chapter, if required to be
collected by the licensee, is held in trust by the licensee until
paid to the department, and a licensee who appropriates or
converts the tax collected to his or her own use or to any use
other than the payment of the tax to the extent that the
money required to be collected is not available for payment
on the due date as prescribed in this chapter is guilty of a
felony, or gross misdemeanor in accordance with the theft
and anticipatory provisions of Title 9A RCW. A person,
partnership, corporation, or corporate officer who fails to
collect the tax imposed by this section, or who has collected
the tax and fails to pay it to the department in the manner
prescribed by this chapter, is personally liable to the state for
the amount of the tax. [2002 c 202 § 302; 2002 c 183 § 2;
2001 c 270 § 6; 1998 c 176 § 51; 1996 c 104 § 7; 1989 c
193 § 3; 1983 1st ex.s. c 49 § 30; 1979 c 40 § 3; 1977 ex.s.
c 317 § 5; 1975 1st ex.s. c 62 § 1; 1973 1st ex.s. c 156 § 1;
1972 ex.s. c 135 § 2; 1971 ex.s. c 175 § 4.]
Reviser’s note: This section was amended by 2002 c 183 § 2 and by
2002 c 202 § 302, each without reference to the other. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Severability—Effective date—1983 1st ex.s. c 49: See RCW
36.79.900 and 36.79.901.
Effective dates—Severability—1977 ex.s. c 317: See notes
following RCW 82.36.010.
82.38.032 Payment of tax by users and persons
licensed under international fuel tax agreement or
reciprocity agreements. The tax under RCW 82.38.030, if
not previously imposed and paid, must be paid over to the
department by special fuel users and persons licensed under
the international fuel tax agreement or other fuel tax reciprocity agreements entered into with the state of Washington,
on the use of special fuel to operate motor vehicles on the
highways of this state, unless the use is exempt from the tax
under this chapter. [1998 c 176 § 52.]
82.38.035 Remittance of tax. (Effective unless
Referendum Bill No. 51 is approved at the November 2002
general election.) (1) A licensed supplier shall remit tax on
special fuel to the department as provided in RCW
82.38.030(2)(a). On a two-party exchange, or buy-sell
agreement between two licensed suppliers, the receiving
exchange partner or buyer shall remit the tax.
(2) A refiner shall remit tax to the department on special
fuel removed from a refinery as provided in RCW
82.38.030(2)(b).
[Title 82 RCW—page 207]
82.38.035
Title 82 RCW: Excise Taxes
(3) An importer shall remit tax to the department on
special fuel imported into this state as provided in RCW
82.38.030(2)(c).
(4) A blender shall remit tax to the department on the
removal or sale of blended special fuel as provided in RCW
82.38.030(2)(e).
(5) A dyed special fuel user shall remit tax to the
department on the use of dyed special fuel as provided in
RCW 82.38.030(2)(f). [2001 c 270 § 7; 1998 c 176 § 53.]
(1) The position holder with respect to the special fuel
is a person other than the terminal operator and is not a
licensee;
(2) The terminal operator is not a licensee;
(3) The position holder has an expired internal revenue
service notification certificate issued under chapter 26,
C.F.R. Part 48; or
(4) The terminal operator had reason to believe that
information on the notification certificate was false. [2002
c 202 § 307; 1998 c 176 § 54.]
82.38.035 Remittance of tax. (Effective December
30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.) (1) A licensed supplier
shall remit tax on special fuel to the department as provided
in RCW 82.38.030(4)(a). On a two-party exchange, or buysell agreement between two licensed suppliers, the receiving
exchange partner or buyer shall remit the tax.
(2) A refiner shall remit tax to the department on special
fuel removed from a refinery as provided in RCW
82.38.030(4)(b).
(3) An importer shall remit tax to the department on
special fuel imported into this state as provided in RCW
82.38.030(4)(c).
(4) A blender shall remit tax to the department on the
removal or sale of blended special fuel as provided in RCW
82.38.030(4)(e).
(5) A dyed special fuel user shall remit tax to the
department on the use of dyed special fuel as provided in
RCW 82.38.030(4)(f). [2002 c 202 § 306; 2001 c 270 § 7;
1998 c 176 § 53.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
82.38.045 Liability of terminal operator for remittance. (Effective unless Referendum Bill No. 51 is approved at the November 2002 general election.) A terminal
operator is jointly and severally liable for remitting the tax
imposed under RCW 82.38.030(1) if, at the time of removal:
(1) The position holder with respect to the special fuel
is a person other than the terminal operator and is not a
licensee;
(2) The terminal operator is not a licensee;
(3) The position holder has an expired internal revenue
service notification certificate issued under chapter 26,
C.F.R. Part 48; or
(4) The terminal operator had reason to believe that
information on the notification certificate was false. [1998
c 176 § 54.]
82.38.045 Liability of terminal operator for remittance. (Effective December 30, 2002, if Referendum Bill
No. 51 is approved at the November 2002 general election.)
A terminal operator is jointly and severally liable for
remitting the tax imposed under RCW 82.38.030 if, at the
time of removal:
[Title 82 RCW—page 208]
82.38.047 Liability of terminal operator for remittal—Removal of special fuel in combination with indication that fuel is dyed or marked in accordance with
internal revenue service requirements. (Effective unless
Referendum Bill No. 51 is approved at the November 2002
general election.) A terminal operator is jointly and
severally liable for remitting the tax imposed under RCW
82.38.030(1) if, in connection with the removal of special
fuel that is not dyed or marked in accordance with internal
revenue service requirements, the terminal operator provides
a person with a bill of lading, shipping paper, or similar
document indicating that the special fuel is dyed or marked
in accordance with internal revenue service requirements.
[1998 c 176 § 55.]
82.38.047 Liability of terminal operator for remittal—Removal of special fuel not dyed or marked.
(Effective December 30, 2002, if Referendum Bill No. 51
is approved at the November 2002 general election.) A
terminal operator is jointly and severally liable for remitting
the tax imposed under RCW 82.38.030 if, in connection with
the removal of special fuel that is not dyed or marked in
accordance with internal revenue service requirements, the
terminal operator provides a person with a bill of lading,
shipping paper, or similar document indicating that the special fuel is dyed or marked in accordance with internal
revenue service requirements. [2002 c 202 § 308; 1998 c
176 § 55.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
82.38.050 Tax liability on leased motor vehicles.
Except as otherwise provided in this chapter, every special
fuel user shall be liable for the tax on special fuel used in
motor vehicles leased to the user for thirty days or more and
operated on the highways of this state to the same extent and
in the same manner as special fuel used in his own motor
vehicles and operated on the highways of this state: PROVIDED, That a lessor who is engaged regularly in the business of leasing or renting for compensation motor vehicles
and equipment he owns without drivers to carriers or other
(2002 Ed.)
Special Fuel Tax Act
lessees for interstate operation, may be deemed to be the
special fuel user when he supplies or pays for the special
fuel consumed in such vehicles, and such lessor may be
issued a license as a special fuel user when application and
bond have been properly filed with and approved by the
department for such license. Any lessee may exclude motor
vehicles of which he or she is the lessee from reports and
liabilities pursuant to this chapter, but only if the motor
vehicles in question have been leased from a lessor holding
a valid special fuel user’s license.
Every such lessor shall file with the application for a
special fuel user’s license one copy of the lease form or
service contract the lessor enters into with the various lessees
of the lessor’s motor vehicles. When the special fuel user’s
license has been secured, such lessor shall make and assign
to each motor vehicle leased for interstate operation a
photocopy of such license to be carried in the cab compartment of the motor vehicle and on which shall be typed or
printed on the back the unit or motor number of the motor
vehicle to which it is assigned and the name of the lessee.
Such lessor shall be responsible for the proper use of such
photocopy of the license issued and its return to the lessor
with the motor vehicle to which it is assigned.
The lessor shall be responsible for fuel tax licensing and
reporting, as required by this chapter, on the operation of all
motor vehicles leased to others for less than thirty days.
[1990 c 250 § 82; 1983 c 242 § 1; 1971 ex.s. c 175 § 6.]
Severability—1990 c 250: See note following RCW 46.16.301.
82.38.060 Tax computation on mileage basis. In the
event the tax on special fuel imported into this state in the
fuel supply tanks of motor vehicles for taxable use on
Washington highways can be more accurately determined on
a mileage basis the department is authorized to approve and
adopt such basis. When a special fuel user imports special
fuel into or exports special fuel from the state of Washington
in the fuel supply tanks of motor vehicles, the amount of
special fuel consumed in such vehicles on Washington
highways shall be deemed to be such proportion of the total
amount of such special fuel consumed in his entire operations within and without this state as the total number of
miles traveled on the public highways within this state bears
to the total number of miles traveled within and without the
state. The department may also adopt such mileage basis for
determining the taxable use of special fuel used in motor
vehicles which travel regularly over prescribed courses on
and off the highways within the state of Washington. In the
absence of records showing the number of miles actually
operated per gallon of special fuel consumed, fuel consumption shall be calculated at the rate of one gallon for every:
(1) Four miles traveled by vehicles over forty thousand
pounds gross vehicle weight; (2) seven miles traveled by
vehicles twelve thousand one to forty thousand pounds gross
vehicle weight; (3) ten miles traveled by vehicles six
thousand one to twelve thousand pounds gross vehicle
weight; and (4) sixteen miles traveled by vehicles six
thousand pounds or less gross vehicle weight. [1996 c 90 §
1; 1989 c 142 § 1; 1971 ex.s. c 175 § 7.]
82.38.065 Dyed special fuel use—Authorization,
license required—Imposition of tax. A person may
(2002 Ed.)
82.38.050
operate or maintain a licensed or required to be licensed
motor vehicle with dyed special fuel in the fuel supply tank
only if the use is authorized by the internal revenue code and
the person is either the holder of an uncanceled dyed special
fuel user license or the use is exempt from the special fuel
tax. A person may maintain dyed special fuel for a taxable
use in bulk storage if the person is the holder of an uncanceled dyed special fuel user license issued under this chapter.
The special fuel tax set forth in RCW 82.38.030 is imposed
on users of dyed special fuel authorized by the internal
revenue code to operate on-highway motor vehicles using
dyed special fuel, unless the use is exempt from the special
fuel tax. It is unlawful for any person to sell, use, hold for
sale, or hold for intended use dyed special fuel in a manner
in violation of this chapter. [2002 c 183 § 3; 1998 c 176 §
56.]
82.38.066 Dyed special fuel—Requirements—
Marking—Notice. (1) Special fuel that is dyed satisfies the
dyeing requirements of this chapter if it meets the dyeing
requirements of the internal revenue service, including, but
not limited to, requirements respecting type, dosage, and
timing.
(2) Marking must meet the marking requirements of the
internal revenue service.
(3) As required by the internal revenue service, notice
is required with respect to dyed special fuel. A notice
stating "DYED DIESEL FUEL, NONTAXABLE USE
ONLY, PENALTY FOR TAXABLE USE" must be:
(a) Provided by the terminal operator to a person who
receives dyed special fuel at a terminal rack of that terminal
operator;
(b) Provided by a seller of dyed special fuel to its buyer
if the special fuel is located outside the bulk transferterminal system and is not sold from a retail pump posted in
accordance with the requirements of this subsection; or
(c) Posted by a seller on a retail pump where it sells
dyed special fuel for use by its buyer. [1998 c 176 § 57.]
82.38.070 Credit for sales for which no consideration was received—Report—Adjustment. A special fuel
supplier is entitled to a credit of the tax paid over to the
department on those sales of special fuel for which the
supplier has received no consideration from or on behalf of
the purchaser. The amount of the tax credit shall not exceed
the amount of tax imposed by this chapter on such sales. If
a credit has been granted under this section, any amounts
collected for application against the accounts on which such
a credit is based shall be reported on a subsequent return
filed after such collection, and the amount of credit received
by the supplier based upon the collected amount shall be
returned to the department. In the event the credit has not
been paid, the amount of the credit requested by the supplier
shall be adjusted by the department to reflect the decrease in
the amount on which the claim is based. [1998 c 176 § 58;
1990 c 250 § 83; 1971 ex.s. c 175 § 8.]
Severability—1990 c 250: See note following RCW 46.16.301.
82.38.071 Refund for worthless accounts receivable—Rules—Apportionment after receipt. A special fuel
distributor, special fuel importer, or special fuel blender,
[Title 82 RCW—page 209]
82.38.071
Title 82 RCW: Excise Taxes
under rules adopted by the department, is entitled to a refund
of the tax paid on those sales of special fuel for which no
consideration has been received from or on behalf of the
purchaser and that have been declared to be worthless
accounts receivable. The amount of the tax refunded must
not exceed the amount of tax paid by the special fuel
distributor, special fuel importer, or special fuel blender paid
under this chapter. If the special fuel distributor, special fuel
importer, or special fuel blender subsequently collects any
amount from the account declared worthless, the amount
collected shall be apportioned between the charges for the
fuel and tax thereon. The special fuel tax collected must be
returned to the department. [1998 c 176 § 59.]
82.38.075 Natural gas, propane—Annual license fee
in lieu of special fuel tax for use in motor vehicles—
Schedule—Decal or other identifying device. (Effective
unless Referendum Bill No. 51 is approved at the November 2002 general election.) In order to encourage the use of
nonpolluting fuels, an annual license fee in lieu of the tax
imposed by RCW 82.38.030 shall be imposed upon the use
of natural gas as defined in this chapter or on liquified petroleum gas, commonly called propane, which is used in any
motor vehicle, as defined in RCW 46.04.320, which shall be
based upon the following schedule as adjusted by the
formula set out below:
VEHICLE TONNAGE (GVW)
0 - 6,000
6,001 - 10,000
10,001 - 18,000
18,001 - 28,000
28,001 - 36,000
36,001 and above
FEE
$ 45
$ 45
$ 80
$110
$150
$250
To determine the actual annual license fee imposed by
this section for a registration year, the appropriate dollar
amount set out in the above schedule shall be multiplied by
the motor vehicle fuel tax rate in cents per gallon as established by RCW 82.36.025 effective on July 1st of the
preceding calendar year and the product thereof shall be
divided by 12 cents.
The department of licensing, in addition to the foregoing
fee, shall charge a further fee of five dollars as a handling
charge for each license issued.
The director of licensing shall be authorized to prorate
the vehicle tonnage fee so that the annual license required by
this section will correspond with the staggered vehicle
licensing system.
A decal or other identifying device issued upon payment
of these annual fees shall be displayed as prescribed by the
department as authority to purchase this fuel.
Persons selling or dispensing natural gas or propane
may not sell or dispense this fuel for their own use or the
use of others into tanks of vehicles powered by this fuel
which do not display a valid decal or other identifying
device as provided in this section.
Vehicles registered in jurisdictions outside the state of
Washington are exempt from this section.
Any person selling or dispensing natural gas or propane
into the tank of a motor vehicle powered by this fuel, except
as prescribed in this chapter, is subject to the penalty
[Title 82 RCW—page 210]
provisions of this chapter. [1983 c 212 § 1; 1981 c 129 § 1;
1979 c 48 § 1; 1977 ex.s. c 335 § 1.]
Effective date—1979 c 48: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1979." [1979 c 48 § 2.]
Effective date—1977 ex.s. c 335: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1977." [1977 ex.s. c 335 § 2.]
82.38.075 Natural gas, propane—License fee in lieu
of special fuel tax. (Effective December 30, 2002, if
Referendum Bill No. 51 is approved at the November 2002
general election.) In order to encourage the use of
nonpolluting fuels, an annual license fee in lieu of the tax
imposed by RCW 82.38.030 shall be imposed upon the use
of natural gas as defined in this chapter or on liquified petroleum gas, commonly called propane, which is used in any
motor vehicle, as defined in RCW 46.04.320, which shall be
based upon the following schedule as adjusted by the
formula set out below:
VEHICLE TONNAGE (GVW)
0 - 6,000
6,001 - 10,000
10,001 - 18,000
18,001 - 28,000
28,001 - 36,000
36,001 and above
FEE
$ 45
$ 45
$ 80
$110
$150
$250
To determine the actual annual license fee imposed by
this section for a registration year, the appropriate dollar
amount set out in the above schedule shall be multiplied by
the special fuel tax rate in cents per gallon as established by
RCW 82.38.030 effective on July 1st of the preceding
calendar year and the product thereof shall be divided by 12
cents.
The department of licensing, in addition to the foregoing
fee, shall charge a further fee of five dollars as a handling
charge for each license issued.
The director of licensing shall be authorized to prorate
the vehicle tonnage fee so that the annual license required by
this section will correspond with the staggered vehicle
licensing system.
A decal or other identifying device issued upon payment
of these annual fees shall be displayed as prescribed by the
department as authority to purchase this fuel.
Persons selling or dispensing natural gas or propane
may not sell or dispense this fuel for their own use or the
use of others into tanks of vehicles powered by this fuel
which do not display a valid decal or other identifying
device as provided in this section.
Vehicles registered in jurisdictions outside the state of
Washington are exempt from this section.
Any person selling or dispensing natural gas or propane
into the tank of a motor vehicle powered by this fuel, except
as prescribed in this chapter, is subject to the penalty
provisions of this chapter. [2002 c 202 § 309; 1983 c 212
§ 1; 1981 c 129 § 1; 1979 c 48 § 1; 1977 ex.s. c 335 § 1.]
Referral to electorate—2002 c 202 §§ 101 and 201-705: See note
following RCW 44.40.001.
Contingent effective date—2002 c 202 §§ 101-312, 403-514, and
602-705: See note following RCW 44.40.001.
(2002 Ed.)
Special Fuel Tax Act
Severability—Part headings not law—2002 c 202: See notes
following RCW 44.40.001.
Effective date—1979 c 48: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1979." [1979 c 48 § 2.]
Effective date—1977 ex.s. c 335: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1977." [1977 ex.s. c 335 § 2.]
82.38.080 Exemptions. (1) There is exempted from
the tax imposed by this chapter, the use of fuel for:
(a) Street and highway construction and maintenance
purposes in motor vehicles owned and operated by the state
of Washington, or any county or municipality;
(b) Publicly owned fire fighting equipment;
(c) Special mobile equipment as defined in RCW
46.04.552;
(d) Power pumping units or other power take-off
equipment of any motor vehicle which is accurately measured by metering devices that have been specifically
approved by the department or which is established by any
of the following formulae:
(i) Pumping propane, or fuel or heating oils or milk
picked up from a farm or dairy farm storage tank by a
power take-off unit on a delivery truck, at a rate determined
by the department: PROVIDED, That claimant when
presenting his or her claim to the department in accordance
with this chapter, shall provide to the claim, invoices of
propane, or fuel or heating oil delivered, or such other
appropriate information as may be required by the department to substantiate his or her claim;
(ii) Operating a power take-off unit on a cement mixer
truck or a load compactor on a garbage truck at the rate of
twenty-five percent of the total gallons of fuel used in such
a truck; or
(iii) The department is authorized to establish by rule
additional formulae for determining fuel usage when operating other types of equipment by means of power take-off
units when direct measurement of the fuel used is not
feasible. The department is also authorized to adopt rules
regarding the usage of on board computers for the production of records required by this chapter;
(e) Motor vehicles owned and operated by the United
States government;
(f) Heating purposes;
(g) Moving a motor vehicle on a public highway
between two pieces of private property when said moving is
incidental to the primary use of the motor vehicle;
(h) Transportation services for persons with special
transportation needs by a private, nonprofit transportation
provider regulated under chapter 81.66 RCW;
(i) Vehicle refrigeration units, mixing units, or other
equipment powered by separate motors from separate fuel
tanks; and
(j) The operation of a motor vehicle as a part of or
incidental to logging operations upon a highway under
federal jurisdiction within the boundaries of a federal area if
the federal government requires a fee for the privilege of
operating the motor vehicle upon the highway, the proceeds
of which are reserved for constructing or maintaining roads
in the federal area, or requires maintenance or construction
(2002 Ed.)
82.38.075
work to be performed on the highway for the privilege of
operating the motor vehicle on the highway.
(2) There is exempted from the tax imposed by this
chapter the removal or entry of special fuel under the
following circumstances and conditions:
(a) If it is the removal from a terminal or refinery of, or
the entry or sale of, a special fuel if all of the following
apply:
(i) The person otherwise liable for the tax is a licensee
other than a dyed special fuel user or international fuel tax
agreement licensee;
(ii) For a removal from a terminal, the terminal is a
licensed terminal; and
(iii) The special fuel satisfies the dyeing and marking
requirements of this chapter;
(b) If it is an entry or removal from a terminal or
refinery of taxable special fuel transferred to a refinery or
terminal and the persons involved, including the terminal
operator, are licensed; and
(c)(i) If it is a special fuel that, under contract of sale,
is shipped to a point outside this state by a supplier by
means of any of the following:
(A) Facilities operated by the supplier;
(B) Delivery by the supplier to a carrier, customs
broker, or forwarding agent, whether hired by the purchaser
or not, for shipment to the out-of-state point;
(C) Delivery by the supplier to a vessel clearing from
port of this state for a port outside this state and actually
exported from this state in the vessel.
(ii) For purposes of this subsection (2)(c):
(A) "Carrier" means a person or firm engaged in the
business of transporting for compensation property owned by
other persons, and includes both common and contract
carriers; and
(B) "Forwarding agent" means a person or firm engaged
in the business of preparing property for shipment or
arranging for its shipment.
(3) Notwithstanding any provision of law to the contrary, every urban passenger transportation system and
carriers as defined by chapters 81.68 and 81.70 RCW shall
be exempt from the provisions of this chapter requiring the
payment of special fuel taxes. For the purposes of this
section "urban passenger transportation system" means every
transportation system, publicly or privately owned, having as
its principal source of revenue the income from transporting
persons for compensation by means of motor vehicles and/or
trackless trolleys, each having a seating capacity for over
fifteen persons over prescribed routes in such a manner that
the routes of such motor vehicles and/or trackless trolleys,
either alone or in conjunction with routes of other such
motor vehicles and/or trackless trolleys subject to routing by
the same transportation system, shall not extend for a
distance exceeding twenty-five road miles beyond the
corporate limits of the county in which the original starting
points of such motor vehicles are located: PROVIDED,
That no refunds or credits shall be granted on special fuel
used by any urban transportation vehicle or vehicle operated
pursuant to chapters 81.68 and 81.70 RCW on any trip
where any portion of said trip is more than twenty-five road
miles beyond the corporate limits of the county in which
said trip originated. [1998 c 176 § 60; 1996 c 244 § 6; 1993
c 141 § 2; 1990 c 185 § 1; 1983 c 108 § 4; 1979 c 40 § 4;
[Title 82 RCW—page 211]
82.38.080
Title 82 RCW: Excise Taxes
1973 c 42 § 1. Prior: 1972 ex.s. c 138 § 2; 1972 ex.s. c 49
§ 1; 1971 ex.s. c 175 § 9.]
Effective date—1972 ex.s. c 138: See note following RCW
82.36.280.
82.38.081 Exemptions—Motor vehicle fuel used for
racing. Motor vehicle fuel that is used exclusively for
racing and is illegal for use on the public highways of the
state under state or federal law is exempt from the tax
imposed under this chapter. [1998 c 115 § 6.]
Intent—1998 c 115 §§ 6 and 7: "It is the intent of the legislature
that leaded racing fuel be exempted from payment of the motor vehicle fuel
tax, as provided in RCW 82.38.081, since it is illegal for use on the public
highways of the state under federal law. The legislature further intends that
leaded racing fuel be subject to the retail sales and use taxes under chapters
82.08 and 82.12 RCW and that the revenue collected will be earmarked as
provided in RCW 82.32.394." [1998 c 115 § 5.]
82.38.090 Penalty for acting without license—
Separate licenses for separate activities—Interstate
commerce—Exception. (1) It shall be unlawful for any
person to engage in business in this state as any of the
following unless the person is the holder of an uncanceled
license issued to him or her by the department authorizing
the person to engage in that business:
(a) Special fuel supplier;
(b) Special fuel distributor;
(c) Special fuel exporter;
(d) Special fuel importer;
(e) Special fuel blender;
(f) Dyed special fuel user; or
(g) International fuel tax agreement licensee.
(2) A person engaged in more than one activity for
which a license is required must have a separate license
classification for each activity, but a special fuel supplier is
not required to obtain a separate license classification for any
other activity for which a license is required.
(3) Special fuel users operating motor vehicles in
interstate commerce having two axles and a gross vehicle
weight or registered gross vehicle weight not exceeding
twenty-six thousand pounds are not required to be licensed.
Special fuel users operating motor vehicles in interstate
commerce having two axles and a gross vehicle weight or
registered gross vehicle weight exceeding twenty-six thousand pounds, or having three or more axles regardless of
weight, or a combination of vehicles, when the combination
exceeds twenty-six thousand pounds gross vehicle weight,
must comply with the licensing and reporting requirements
of this chapter. A copy of the license must be carried in
each motor vehicle entering this state from another state or
province. [1998 c 176 § 61; 1995 c 20 § 13; 1994 c 262 §
23; 1993 c 54 § 6; 1991 c 339 § 6; 1990 c 250 § 84; 1986
c 29 § 2; 1979 c 40 § 5; 1971 ex.s. c 175 § 10.]
Severability—1995 c 20: See RCW 70.149.901.
Severability—1990 c 250: See note following RCW 46.16.301.
82.38.100 Trip permits—Fees—Tax—Distributions.
(1) Any special fuel user operating a motor vehicle into this
state for commercial purposes may make application for a
trip permit that shall be good for a period of three consecutive days beginning and ending on the dates specified on the
[Title 82 RCW—page 212]
face of the permit issued, and only for the vehicle for which
it is issued.
(2) Every permit shall identify, as the department may
require, the vehicle for which it is issued and shall be
completed in its entirety, signed, and dated by the operator
before operation of the vehicle on the public highways of
this state. Correction of data on the permit such as dates,
vehicle license number, or vehicle identification number
invalidates the permit. A violation of, or a failure to comply
with, this subsection is a gross misdemeanor.
(3) For each permit issued, there shall be collected a
filing fee of one dollar, an administrative fee of ten dollars,
and an excise tax of nine dollars. Such fees and tax shall be
in lieu of the special fuel tax otherwise assessable against the
permit holder for importing and using special fuel in a motor
vehicle on the public highways of this state, and no report of
mileage shall be required with respect to such vehicle. Trip
permits will not be issued if the applicant has outstanding
fuel taxes, penalties, or interest owing to the state or has had
a special fuel license revoked for cause and the cause has
not been removed.
(4) Blank permits may be obtained from field offices of
the department of transportation, Washington state patrol,
department of licensing, or other agents appointed by the
department. The department may appoint county auditors or
businesses as agents for the purpose of selling trip permits
to the public. County auditors or businesses so appointed
may retain the filing fee collected for each trip permit to
defray expenses incurred in handling and selling the permits.
(5) A surcharge of five dollars is imposed on the
issuance of trip permits. The portion of the surcharge paid
by motor carriers must be deposited in the motor vehicle
fund for the purpose of supporting vehicle weigh stations,
weigh-in-motion programs, and the commercial vehicle
information systems and networks program. The remaining
portion of the surcharge must be deposited in the motor
vehicle fund for the purpose of supporting congestion relief
programs. All other fees and excise taxes collected by the
department for trip permits shall be credited and deposited
in the same manner as the special fuel tax collected under
this chapter and shall not be subject to exchange, refund, or
credit. [1999 c 270 § 2; 1998 c 176 § 62; 1983 c 78 § 1;
1979 c 40 § 6; 1973 1st ex.s. c 156 § 3; 1971 ex.s. c 175 §
11.]
82.38.110 Application for license—Federal certificate of registry—Investigation—Fee—Penalty for false
statement—Bond or security. (Effective until October 1,
2002.) (1) Application for a license issued under this
chapter shall be made to the department. The application
shall be filed upon a form prepared and furnished by the
department and shall contain such information as the
department deems necessary.
(2) Every application for a special fuel license, other
than an application for a dyed special fuel user or international fuel tax agreement license, must contain the following
information to the extent it applies to the applicant:
(a) Proof as the department shall require concerning the
applicant’s identity, including but not limited to his or her
fingerprints or those of the officers of a corporation making
the application;
(2002 Ed.)
Special Fuel Tax Act
(b) The applicant’s form and place of organization
including proof that the individual, partnership, or corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant’s financial condition or history
including a bank reference and whether the applicant or any
partner, officer, or director has ever been adjudged bankrupt
or has an unsatisfied judgment in a federal or state court;
(e) Whether the applicant has been adjudged guilty of
a crime that directly relates to the business for which the
license is sought and the time elapsed since the conviction
is less than ten years, or has suffered a judgment within the
preceding five years in a civil action involving fraud,
misrepresentation, or conversion and in the case of a
corporation or partnership, all directors, officers, or partners.
(3) An applicant for a license as a special fuel importer
must list on the application each state, province, or country
from which the applicant intends to import fuel and, if
required by the state, province, or country listed, must be
licensed or registered for special fuel tax purposes in that
state, province, or country.
(4) An applicant for a license as a special fuel exporter
must list on the application each state, province, or country
to which the exporter intends to export special fuel received
in this state by means of a transfer outside the bulk transferterminal system and, if required by the state, province, or
country listed, must be licensed or registered for special fuel
tax purposes in that state, province, or country.
(5) An applicant for a license as a special fuel supplier
must have a federal certificate of registry that is issued under
the internal revenue code and authorizes the applicant to
enter into federal tax-free transactions on special fuel in the
terminal transfer system.
(6) After receipt of an application for a license, the
director shall conduct an investigation to determine whether
the facts set forth are true. The director shall require a
fingerprint record check of the applicant through the Washington state patrol criminal identification system and the
federal bureau of investigation before issuance of a license.
The results of the background investigation including
criminal history information may be released to authorized
department personnel as the director deems necessary. The
department shall charge a license holder or license applicant
a fee of fifty dollars for each background investigation
conducted.
(7) An applicant who makes a false statement of a
material fact on the application may be prosecuted for false
swearing as defined by RCW 9A.72.040.
(8) A special fuel license may not be issued to any
person or continued in force unless such person has furnished bond, as defined in RCW 82.38.020, in such form as
the department may require, to secure his or her compliance
with this chapter, and the payment of any and all taxes,
interest, and penalties due and to become due hereunder.
The requirement of furnishing a bond may be waived: (a)
For special fuel distributors who only deliver special fuel
into the fuel tanks of marine vessels; (b) for dyed special
fuel users; (c) for persons issued licenses under the international fuel tax agreement; or (d) for licensed special fuel
distributors who, upon determination by the department, have
sufficient resources, assets, other financial instruments, or
(2002 Ed.)
82.38.110
other means to adequately make payments on the estimated
monthly motor vehicle fuel tax payments, penalties, and
interest arising out of this chapter. The department shall
adopt rules to administer this section.
(9) The department may require a licensee to post a
bond if the licensee, after having been licensed, has failed to
file timely reports or has failed to remit taxes due, or when
an investigation or audit indicates problems severe enough
that the department, in its discretion, determines that a bond
is required to protect the interests of the state. The department may also adopt rules prescribing conditions that, in the
department’s discretion, require a bond to protect the
interests of the state.
(10) The total amount of the bond or bonds required of
any licensee shall be equivalent to three times the estimated
monthly fuel tax, determined in such manner as the department may deem proper: PROVIDED, That those licensees
having held a special fuel license for five or more years
without having said license suspended or revoked by the
department shall be permitted to reduce the amount of their
bond to twice the estimated monthly tax liability: PROVIDED FURTHER, That the total amount of the bond or bonds
shall never be less than five hundred dollars nor more than
one hundred thousand dollars.
(11) An application for a dyed special fuel user license
must be made to the department. The application must be
filed upon a form prescribed by the department and contain
such information as the department deems necessary.
(12) An application for an international fuel tax agreement license must be made to the department. The application must be filed upon a form prescribed by the department
and contain such information as the department may require.
[2001 c 270 § 8; 1998 c 176 § 63; 1996 c 104 § 8; 1988 c
122 § 2; 1983 c 242 § 2; 1979 c 40 § 7; 1977 c 26 § 1;
1973 1st ex.s. c 156 § 4; 1971 ex.s. c 175 § 12.]
82.38.110 Application for license—Federal certificate of registry—Investigation—Fee—Penalty for false
statement—Bond or security. (Effective October 1, 2002.)
(1) Application for a license issued under this chapter shall
be made to the department. The application shall be filed
upon a form prepared and furnished by the department and
shall contain such information as the department deems
necessary.
(2) Every application for a special fuel license, other
than an application for a dyed special fuel user or international fuel tax agreement license, must contain the following
information to the extent it applies to the applicant:
(a) Proof as the department shall require concerning the
applicant’s identity, including but not limited to his or her
fingerprints or those of the officers of a corporation making
the application;
(b) The applicant’s form and place of organization
including proof that the individual, partnership, or corporation is licensed to do business in this state;
(c) The qualification and business history of the applicant and any partner, officer, or director;
(d) The applicant’s financial condition or history
including a bank reference and whether the applicant or any
partner, officer, or director has ever been adjudged bankrupt
or has an unsatisfied judgment in a federal or state court;
[Title 82 RCW—page 213]
82.38.110
Title 82 RCW: Excise Taxes
(e) Whether the applicant has been adjudged guilty of
a crime that directly relates to the business for which the
license is sought and the time elapsed since the conviction
is less than ten years, or has suffered a judgment within the
preceding five years in a civil action involving fraud,
misrepresentation, or conversion and in the case of a
corporation or partnership, all directors, officers, or partners.
(3) An applicant for a license as a special fuel importer
must list on the application each state, province, or country
from which the applicant intends to import fuel and, if
required by the state, province, or country listed, must be
licensed or registered for special fuel tax purposes in that
state, province, or country.
(4) An applicant for a license as a special fuel exporter
must list on the application each state, province, or country
to which the exporter intends to export special fuel received
in this state by means of a transfer outside the bulk transferterminal system and, if required by the state, province, or
country listed, must be licensed or registered for special fuel
tax purposes in that state, province, or country.
(5) An applicant for a license as a special fuel supplier
must have a federal certificate of registry that is issued under
the internal revenue code and authorizes the applicant to
enter into federal tax-free transactions on special fuel in the
terminal transfer system.
(6) After receipt of an application for a license, the
director shall conduct an investigation to determine whether
the facts set forth are true. The director shall require a
fingerprint record check of the applicant through the Washington state patrol criminal identification system and the
federal bureau of investigation before issuance of a license.
The results of the background investigation including
criminal history information may be released to authorized
department personnel as the director deems necessary. The
department shall charge a license holder or license applicant
a fee of fifty dollars for each background investigation
conducted.
(7) An applicant who makes a false statement of a
material fact on the application may be prosecuted for false
swearing as defined by RCW 9A.72.040.
(8) A special fuel license may not be issued to any
person or continued in force unless such person has furnished bond, as defined in RCW 82.38.020, in such form as
the department may require, to secure his or her compliance
with this chapter, and the payment of any and all taxes,
interest, and penalties due and to become due hereunder.
The requirement of furnishing a bond may be waived: (a)
For special fuel distributors who only deliver special fuel
into the fuel tanks of marine vessels; (b) for dyed special
fuel users; (c) for persons issued licenses under the international fuel tax agreement; or (d) for licensed special fuel
distributors who, upon determination by the department, have
sufficient resources, assets, other financial instruments, or
other means to adequately make payments on the estimated
monthly motor vehicle fuel tax payments, penalties, and
interest arising out of this chapter. The department shall
adopt rules to administer this section.
(9) The department may require a licensee to post a
bond if the licensee, after having been licensed, has failed to
file timely reports or has failed to remit taxes due, or when
an investigation or audit indicates problems severe enough
that the department, in its discretion, determines that a bond
[Title 82 RCW—page 214]
is required to protect the interests of the state. The department may also adopt rules prescribing conditions that, in the
department’s discretion, require a bond to protect the
interests of the state.
(10) The total amount of the bond or bonds required of
any licensee shall be equivalent to three times the estimated
monthly fuel tax, determined in such manner as the department may deem proper: PROVIDED, That those licensees
having held a special fuel license for five or more years
without having said license suspended or revoked by the
department shall be permitted to reduce the amount of their
bond to twice the estimated monthly tax liability: PROVIDED FURTHER, That the total amount of the bond or bonds
shall never be less than five hundred dollars nor more than
one hundred thousand dollars.
(11) An application for a dyed special fuel user license
must be made to the department. The application must be
filed upon a form prescribed by the department and contain
such information as the department deems necessary.
(12) An application for an international fuel tax agreement license must be made to the department. The application must be filed upon a form prescribed by the department
and contain such information as the department may require.
The department shall charge a fee of ten dollars per set of
International Fuel Tax Agreement decals issued to each
applicant or licensee. The department shall transmit the fee
to the state treasurer for deposit in the motor vehicle fund.
[2002 c 352 § 26; 2001 c 270 § 8; 1998 c 176 § 63; 1996 c
104 § 8; 1988 c 122 § 2; 1983 c 242 § 2; 1979 c 40 § 7;
1977 c 26 § 1; 1973 1st ex.s. c 156 § 4; 1971 ex.s. c 175 §
12.]
Effective dates—2002 c 352: See note following RCW 46.09.070.
82.38.120 Issuance of license—Refusal—Inspection
of records—Posting—Display—Duration—
Transferability. Upon receipt and approval of an application and bond, if required, the department shall issue a
license to the applicant. However, the department may
refuse to issue a license to any person:
(1) Who formerly held a license issued under chapter
82.36 or 82.42 RCW or this chapter which, prior to the time
of filing for application, has been revoked for cause;
(2) Who is a subterfuge for the real party in interest
whose license prior to the time of filing for application, has
been revoked for cause;
(3) Who, as an individual licensee, or officer, director,
owner, or managing employee of a nonindividual licensee,
has had a special fuel license revoked for cause;
(4) Who has an unsatisfied debt to the state assessed
under either chapter 82.36, 82.38, 82.42, 46.87, or 82.42
RCW;
(5) Who formerly held as an individual, officer, director,
owner, managing employee of a nonindividual licensee, or
subterfuge for a real party in interest, a license issued by the
federal government or a state that allowed a person to buy
or sell untaxed motor vehicle or special fuel, which license,
before the time of filing for application, has been revoked
for cause;
(6) Who pled guilty to or was convicted as an individual, officer, director, owner, or managing employee of a
nonindividual licensee in this or any other state or in any
(2002 Ed.)
Special Fuel Tax Act
federal jurisdiction of a gross misdemeanor or felony crime
directly related to the business or has been subject to a civil
judgment involving fraud, misrepresentation, conversion, or
dishonesty, notwithstanding chapter 9.96A RCW;
(7) Who misrepresented or concealed a material fact in
obtaining a license or in reinstatement thereof;
(8) Who violated a statute or administrative rule
regulating fuel taxation or distribution;
(9) Who failed to cooperate with the department’s
investigations by:
(a) Not furnishing papers or documents;
(b) Not furnishing in writing a full and complete
explanation regarding a matter under investigation by the
department; or
(c) Not responding to subpoenas issued by the department, whether or not the recipient of the subpoena is the
subject of the proceeding;
(10) Who failed to comply with an order issued by the
director; or
(11) Upon other sufficient cause being shown.
Before such refusal, the department shall grant the
applicant a hearing and shall grant the applicant at least
twenty days written notice of the time and place thereof.
The department shall determine from the information
shown in the application or other investigation the kind and
class of license to be issued. For the purpose of considering
any application for a special fuel license, the department
may inspect, cause an inspection, investigate, or cause an
investigation of the records of this or any other state or of
the federal government to ascertain the veracity of the
information on the application form and the applicant’s criminal and licensing history.
All licenses shall be posted in a conspicuous place or
kept available for inspection at the principal place of
business of the owner thereof. License holders shall
reproduce the license by photostat or other method and keep
a copy on display for ready inspection at each additional
place of business or other place of storage from which
special fuel is sold, delivered or used and in each motor
vehicle used by the license holder to transport special fuel
purchased by him or her for resale, delivery or use.
Each special fuel license shall be valid until the expiration date if shown on the license, or until suspended or
revoked for cause or otherwise canceled.
No special fuel license shall be transferable. [1998 c
176 § 64; 1998 c 115 § 4; 1996 c 104 § 9; 1995 c 274 § 21;
1990 c 250 § 85; 1979 c 40 § 8; 1973 1st ex.s. c 156 § 5;
1971 ex.s. c 175 § 13.]
Reviser’s note: This section was amended by 1998 c 115 § 4 and by
1998 c 176 § 64, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Severability—1990 c 250: See note following RCW 46.16.301.
82.38.130 Revocation, suspension, cancellation, and
surrender of license—Notice—Bond release, discharge—
New or additional bond or surety. The department may
revoke the license of any licensee for any of the grounds
constituting cause for denial of a license set forth in RCW
82.38.120 or for other reasonable cause. Before revoking
such license the department shall notify the licensee to show
cause within twenty days of the date of the notice why the
(2002 Ed.)
82.38.120
license should not be revoked: PROVIDED, That at any
time prior to and pending such hearing the department may,
in the exercise of reasonable discretion, suspend such
license.
The department shall cancel any special fuel license
immediately upon surrender thereof by the holder.
Any surety on a bond furnished by a licensee as
provided in this chapter shall be released and discharged
from any and all liability to the state accruing on such bond
after the expiration of forty-five days from the date which
such surety shall have lodged with the department a written
request to be released and discharged, but this provision shall
not operate to relieve, release, or discharge the surety from
any liability already accrued or which shall accrue before the
expiration of the forty-five day period. The department shall
promptly, upon receiving any such request, notify the
licensee who furnished the bond, and unless the licensee, on
or before the expiration of the forty-five day period, files a
new bond, in accordance with this section, the department
forthwith shall cancel the special fuel dealer’s or special fuel
user’s license.
The department may require a new or additional surety
bond of the character specified in RCW 82.38.020(3) if, in
its opinion, the security of the surety bond therefor filed by
such licensee, shall become impaired or inadequate. Upon
failure of the licensee to give such new or additional surety
bond within forty-five days after being requested to do so by
the department, or after he or she shall fail or refuse to file
reports and remit or pay taxes at the intervals fixed by the
department, the department forthwith shall cancel his or her
license. [1998 c 176 § 65; 1994 c 262 § 24; 1979 c 40 § 9;
1977 c 26 § 2; 1971 ex.s. c 175 § 14.]
82.38.140 Special fuel records—Reports—
Inspection. (1) Every licensee and every person importing,
manufacturing, refining, dealing in, transporting, blending, or
storing special fuel in this state shall keep for a period of not
less than five years open to inspection at all times during the
business hours of the day to the department or its authorized
representatives, a complete record of all special fuel purchased or received and all of such products sold, delivered,
or used by them. Such records shall show:
(a) The date of each receipt;
(b) The name and address of the person from whom
purchased or received;
(c) The number of gallons received at each place of
business or place of storage in the state of Washington;
(d) The date of each sale or delivery;
(e) The number of gallons sold, delivered, or used for
taxable purposes;
(f) The number of gallons sold, delivered, or used for
any purpose not subject to the tax imposed in this chapter;
(g) The name, address, and special fuel license number
of the purchaser if the special fuel tax is not collected on the
sale or delivery;
(h) The inventories of special fuel on hand at each place
of business at the end of each month.
(2)(a) All international fuel tax agreement licensees and
dyed special fuel users authorized to use dyed special fuel on
highway in vehicles licensed for highway operation shall
[Title 82 RCW—page 215]
82.38.140
Title 82 RCW: Excise Taxes
maintain detailed mileage records on an individual vehicle
basis.
(b) Such operating records shall show both on-highway
and off-highway usage of special fuel on a daily basis for
each vehicle.
(c) In the absence of operating records that show both
on-highway and off-highway usage of special fuel on a daily
basis for each vehicle, fuel consumption must be computed
under RCW 82.38.060.
(3) The department may require a person other than a
licensee engaged in the business of selling, purchasing,
distributing, storing, transporting, or delivering special fuel
to submit periodic reports to the department regarding the
disposition of the fuel. The reports must be on forms
prescribed by the department and must contain such information as the department may require.
(4) Every person operating any conveyance for the
purpose of hauling, transporting, or delivering special fuel in
bulk shall have and possess during the entire time the person
is hauling special fuel, an invoice, bill of sale, or other
statement showing the name, address, and license number of
the seller or consigner, the destination, name, and address of
the purchaser or consignee, license number, if applicable,
and the number of gallons. The person hauling such special
fuel shall at the request of any law enforcement officer or
authorized representative of the department, or other person
authorized by law to inquire into, or investigate those types
of matters, produce for inspection such invoice, bill of sale,
or other statement and shall permit such official to inspect
and gauge the contents of the vehicle. [1998 c 176 § 66.
Prior: 1996 c 104 § 10; 1996 c 90 § 2; 1995 c 274 § 22;
1988 c 51 § 1; 1979 c 40 § 10; 1971 ex.s. c 175 § 15.]
82.38.150 Periodic tax reports—Forms—Filing. For
the purpose of determining the amount of liability for the tax
herein imposed, and to periodically update license information, each licensee, other than a special fuel distributor, an
international fuel tax agreement licensee, or a dyed special
fuel user, shall file monthly tax reports with the department,
on forms prescribed by the department.
Dyed special fuel users whose estimated yearly tax
liability is two hundred fifty dollars or less, shall file a
report yearly, and dyed special fuel users whose estimated
yearly tax liability is more than two hundred fifty dollars,
shall file reports quarterly. Special fuel users licensed under
the international fuel tax agreement shall file reports quarterly. Special fuel distributors subject to the pollution liability
insurance agency fee and reporting requirements shall remit
pollution liability insurance agency returns and any associated payment due to the department annually.
The department shall establish the reporting frequency
for each applicant at the time the special fuel license is
issued. If it becomes apparent that any licensee is not
reporting in accordance with the above schedule, the department shall change the licensee’s reporting frequency by
giving thirty days’ notice to the licensee by mail to the
licensee’s address of record. A report shall be filed with the
department even though no special fuel was used, or tax is
due, for the reporting period. Each tax report shall contain
a declaration by the person making the same, to the effect
that the statements contained therein are true and are made
[Title 82 RCW—page 216]
under penalties of perjury, which declaration shall have the
same force and effect as a verification of the report and is in
lieu of such verification. The report shall show such
information as the department may reasonably require for the
proper administration and enforcement of this chapter. For
counties within which an additional excise tax on special
fuel has been levied by that jurisdiction under RCW
82.80.010, the report must show the quantities of special fuel
sold, distributed, or withdrawn from bulk storage by the
reporting dealer or user within the county’s boundaries and
the tax liability from its levy. A licensee shall file a tax
report on or before the twenty-fifth day of the next succeeding calendar month following the period to which it relates.
Subject to the written approval of the department, tax
reports may cover a period ending on a day other than the
last day of the calendar month. Taxpayers granted approval
to file reports in this manner will file such reports on or
before the twenty-fifth day following the end of the reporting
period. No change to this reporting period will be made
without the written authorization of the department.
If the final filing date falls on a Saturday, Sunday, or
legal holiday the next secular or business day shall be the
final filing date. Such reports shall be considered filed or
received on the date shown by the post office cancellation
mark stamped upon an envelope containing such report
properly addressed to the department, or on the date it was
mailed if proof satisfactory to the department is available to
establish the date it was mailed.
The department, if it deems it necessary in order to
insure payment of the tax imposed by this chapter, or to
facilitate the administration of this chapter, has the authority
to require the filing of reports and tax remittances at shorter
intervals than one month if, in its opinion, an existing bond
has become insufficient. [1998 c 176 § 67; 1996 c 104 §
11; 1995 c 274 § 23; 1991 c 339 § 15; 1990 c 42 § 203;
1988 c 23 § 1; 1983 c 242 § 3; 1979 c 40 § 11; 1973 1st
ex.s. c 156 § 6; 1971 ex.s. c 175 § 16.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1988 c 23: "This act shall take effect January 1,
1989." [1988 c 23 § 2.]
82.38.160 Computation and payment of tax—
Remittance—Electronic funds transfer. (1) The tax
imposed by this chapter shall be computed by multiplying
the tax rate per gallon provided in this chapter by the
number of gallons of special fuel subject to the special fuel
tax.
(2) A special fuel distributor shall remit tax on special
fuel purchased from a special fuel supplier, and due to the
state for that reporting period, to the special fuel supplier.
(3) At the election of the distributor, the payment of the
special fuel tax owed on special fuel purchased from a
supplier shall be remitted to the supplier on terms agreed
upon between the distributor and the supplier or no later than
two business days before the last business day of the
following month. This election shall be subject to a condition that the distributor’s remittances of all amounts of
special fuel tax due to the supplier shall be paid by electronic funds transfer. The distributor’s election may be terminated by the supplier if the distributor does not make
timely payments to the supplier as required by this section.
(2002 Ed.)
Special Fuel Tax Act
This section shall not apply if the distributor is required by
the supplier to pay cash or cash equivalent for special fuel
purchases.
(4) Except as provided in subsection (5) of this section,
the tax return shall be accompanied by a remittance payable
to the state treasurer covering the tax amount determined to
be due for the reporting period.
(5) If the tax is paid by electronic funds transfer, the tax
shall be paid on or before the tenth calendar day of the
month that is the second month immediately following the
reporting period. When the reporting period is May, the tax
shall be paid on the last state business day of June. If the
tax is paid by electronic funds transfer and the reporting
period ends on a day other than the last day of a calendar
month as provided in RCW 82.38.150, the tax shall be paid
on or before the last state business day of the thirty-day
period following the end of the reporting period.
(6) The tax shall be paid by electronic funds transfer
whenever the amount due is fifty thousand dollars or more.
[1998 c 176 § 68; 1987 c 174 § 5; 1979 c 40 § 12; 1971
ex.s. c 175 § 17.]
Effective date—1987 c 174: See note following RCW 82.36.010.
82.38.165 Notice by supplier of distributor’s failure
to pay tax—License suspension—Notice to suppliers—
Revocation or suspension upon continued noncompliance.
A special fuel supplier shall, no later than the twentieth day
or next business day after the special fuel tax is due from the
special fuel distributor under RCW 82.38.160(2), notify the
department of the failure of a special fuel distributor to pay
the full amount of the tax owed.
Upon notification and submission of satisfactory
evidence by a special fuel supplier that a special fuel
distributor has failed to comply with RCW 82.38.160(2), the
department may suspend the license of the special fuel
distributor.
Upon the suspension, the department shall immediately
notify all special fuel suppliers that the authority of the
special fuel distributor to purchase tax-deferred special fuel
has been suspended and all subsequent purchases of special
fuel by the special fuel distributor must be tax-paid at the
time of removal.
If, after notification by the department, a special fuel
supplier continues to sell tax-deferred special fuel to a
special fuel distributor whose license is suspended, the
special fuel supplier’s license is subject to revocation or
suspension under RCW 82.38.130. Furthermore, if notified
of a license suspension, a special fuel supplier is liable for
any unpaid special fuel tax owed on special fuel sold to a
suspended special fuel distributor. [1998 c 176 § 69.]
82.38.170 Civil and statutory penalties and interest—Deficiency assessments. (1) If any licensee fails to
pay any taxes collected or due the state of Washington
within the time prescribed by RCW 82.38.150 and
82.38.160, the licensee shall pay in addition to such tax a
penalty of ten percent of the amount thereof.
(2) If it be determined by the department that the tax
reported by any licensee is deficient it may proceed to assess
the deficiency on the basis of information available to it and
(2002 Ed.)
82.38.160
there shall be added to this deficiency a penalty of ten
percent of the amount of the deficiency.
(3) If any licensee, whether or not he or she is licensed
as such, fails, neglects, or refuses to file a special fuel tax
report required under this chapter, the department may, on
the basis of information available to it, determine the tax
liability of the licensee for the period during which no report
was filed, and to the tax as thus determined, the department
shall add the penalty and interest provided in subsection (2)
of this section. An assessment made by the department
pursuant to this subsection or to subsection (2) of this
section shall be presumed to be correct, and in any case
where the validity of the assessment is drawn in question,
the burden shall be on the person who challenges the assessment to establish by a fair preponderance of the evidence
that it is erroneous or excessive as the case may be.
(4) If any licensee establishes by a fair preponderance
of evidence that his or her failure to file a report or pay the
proper amount of tax within the time prescribed was due to
reasonable cause and was not intentional or willful, the
department may waive the penalty prescribed in subsections
(1), (2), and (3) of this section.
(5) If any licensee files a false or fraudulent report with
intent to evade the tax imposed by this chapter, there shall
be added to the amount of deficiency determined by the
department a penalty equal to twenty-five percent of the
deficiency, in addition to the penalty provided in subsection
(2) of this section and all other penalties prescribed by law.
(6) Any special fuel tax, penalties, and interest payable
under this chapter shall bear interest at the rate of one
percent per month, or fraction thereof, from the first day of
the calendar month after the amount or any portion thereof
should have been paid until the date of payment: PROVIDED, That the department may waive the interest when it
determines that the cost of processing the collection of the
interest exceeds the amount of interest due.
(7) Except in the case of violations of filing a false or
fraudulent report, if the department deems mitigation of
penalties and interest to be reasonable and in the best
interests of carrying out the purpose of this chapter, it may
mitigate such assessments upon whatever terms the department deems proper, giving consideration to the degree and
extent of the lack of records and reporting errors. The
department may ascertain the facts regarding recordkeeping
and payment penalties in lieu of more elaborate proceedings
under this chapter.
(8) Except in the case of a fraudulent report or of
neglect or refusal to make a report, every deficiency shall be
assessed under subsection (2) of this section within five
years from the twenty-fifth day of the next succeeding
calendar month following the reporting period for which the
amount is proposed to be determined or within five years
after the return is filed, whichever period expires the later.
(9) Any licensee against whom an assessment is made
under the provisions of subsection (2) or (3) of this section
may petition for a reassessment thereof within thirty days
after service upon the licensee of notice thereof. If such
petition is not filed within such thirty day period, the amount
of the assessment becomes final at the expiration thereof.
If a petition for reassessment is filed within the thirty
day period, the department shall reconsider the assessment
and, if the licensee has so requested in his or her petition,
[Title 82 RCW—page 217]
82.38.170
Title 82 RCW: Excise Taxes
shall grant such licensee an oral hearing and give the
licensee ten days’ notice of the time and place thereof. The
department may continue the hearing from time to time.
The decision of the department upon a petition for reassessment shall become final thirty days after service upon the
licensee of notice thereof.
Every assessment made by the department shall become
due and payable at the time it becomes final and if not paid
to the department when due and payable, there shall be
added thereto a penalty of ten percent of the amount of the
tax.
(10) Any notice of assessment required by this section
shall be served personally or by certified or registered mail;
if by mail, service shall be made by depositing such notice
in the United States mail, postage prepaid addressed to the
licensee at his or her address as the same appears in the
records of the department.
(11) Any licensee who has had the licensee’s special
fuel license revoked shall pay a one hundred dollar penalty
prior to the issuance of a new license.
(12) Any person who, upon audit or investigation by the
department, is found to have not paid special fuel taxes as
required by this chapter shall be subject to cancellation of all
vehicle registrations for vehicles utilizing special fuel as a
means of propulsion. Any unexpired Washington tonnage on
the vehicles in question may be transferred to a purchaser of
the vehicles upon application to the department who shall
hold such tonnage in its custody until a sale of the vehicle
is made or the tonnage has expired.
(13) Unless the use is exempt from the special fuel tax,
or expressly authorized by the internal revenue code and this
chapter, a person having dyed special fuel in the fuel supply
tank of a motor vehicle that is licensed or required to be
licensed is subject to a civil penalty of ten dollars for each
gallon of dyed special fuel placed into the supply tank of the
motor vehicle, or one thousand dollars, whichever is greater.
The civil penalty collected as a result of this subsection must
be deposited in the motor vehicle fund. The penalties must
be collected and administered under this chapter.
(14) A person who maintains dyed special fuel in bulk
storage for an intended sale or use in violation of this
chapter is subject to a civil penalty of ten dollars for each
gallon of dyed special fuel, or one thousand dollars, whichever is greater, currently or previously maintained in bulk
storage by the person. The civil penalty collected as a result
of this subsection must be deposited in the motor vehicle
fund. The penalties must be collected and administered
under this chapter.
(15) For the purposes of enforcement of this section, the
Washington state patrol or other commercial vehicle safety
alliance-certified officers may inspect, collect, and secure
samples of special fuel used in the propulsion of a vehicle
operated upon the highways of this state to detect the
presence of dye or other chemical compounds.
(16) The Washington state patrol shall, by January 1,
1999, develop and implement procedures for collection,
analysis, and storage of fuel samples collected under this
chapter.
(17) RCW 43.05.110 does not apply to the civil penalties imposed under subsection (13) of this section. [2002 c
183 § 4; 1998 c 176 § 70; 1996 c 104 § 12; 1995 c 274 §
24; 1994 c 262 § 25; 1991 c 339 § 7; 1987 c 174 § 6; 1983
[Title 82 RCW—page 218]
c 242 § 4; 1979 c 40 § 13; 1977 c 26 § 3; 1973 1st ex.s. c
156 § 7; 1972 ex.s. c 138 § 3; 1971 ex.s. c 175 § 18.]
Effective date—1987 c 174: See note following RCW 82.36.010.
Effective date—1972 ex.s. c 138: See note following RCW
82.36.280.
82.38.180 Refunds and credits. Any person who has
paid a special fuel tax either directly or to the vendor from
whom it was purchased may file a claim with the department
for a refund of the tax so paid and shall be reimbursed and
repaid the amount of:
(1) Any taxes previously paid on special fuel used for
purposes other than for the propulsion of motor vehicles
upon the public highways in this state.
(2) Any taxes previously paid on special fuel exported
for use outside of this state. Special fuel carried from this
state in the fuel tank of a motor vehicle is deemed to be
exported from this state. Special fuel distributed to a federally recognized Indian tribal reservation located within the
state of Washington is not considered exported outside this
state.
(3) Any tax, penalty, or interest erroneously or illegally
collected or paid.
(4) Any taxes previously paid on all special fuel which
is lost or destroyed, while applicant shall be the owner
thereof, through fire, lightning, flood, wind storm, or
explosion.
(5) Any taxes previously paid on all special fuel of five
hundred gallons or more which is lost or destroyed while
applicant shall be the owner thereof, through leakage or
other casualty except evaporation, shrinkage, or unknown
causes.
(6) Any taxes previously paid on special fuel that is
inadvertently mixed with dyed special fuel.
Recovery for such loss or destruction under either
subsection (4), (5), or (6) of this section must be susceptible
to positive proof thereby enabling the department to conduct
such investigation and require such information as they may
deem necessary. In the event that the department is not
satisfied that the fuel was lost, destroyed, or contaminated as
claimed because information or proof as required hereunder
is not sufficient to substantiate the accuracy of the claim,
they may deem such as sufficient cause to deny all right
relating to the refund or credit for the excise tax paid on
special fuel alleged to be lost or destroyed.
No refund or claim for credit shall be approved by the
department unless the gallons of special fuel claimed as
nontaxable satisfy the conditions specifically set forth in this
section and the nontaxable event or use occurred during the
period covered by the refund claim. Refunds or claims for
credit by sellers or users of special fuel shall not be allowed
for anticipated nontaxable use or events. [1998 c 176 § 71;
1972 ex.s. c 138 § 4; 1971 ex.s. c 175 § 19.]
Effective date—1972 ex.s. c 138: See note following RCW
82.36.280.
82.38.182 Exemption—Special authorization to
farmers, logging companies, construction companies for
purchases—Application—Card lock facility use—
Refund—Forms—Termination of election—Renewal—
Records. (1) Upon application, the department may give
(2002 Ed.)
Special Fuel Tax Act
special authorization to farmers, logging companies, and
construction companies to purchase nondyed special fuel directly into the supply tanks of nonhighway equipment or into
portable slip tanks for nonhighway use without payment of
the special fuel tax. Purchases of this nondyed special fuel
must be made at a card lock facility owned and operated by
a special fuel distributor who is required to pay the special
fuel tax on nondyed special fuel delivered to the card lock
facility and has elected to sell the special fuel in this
manner. The election is solely at the discretion of the
special fuel distributor and must be approved by the department.
(2) A special fuel distributor who has paid the special
fuel tax on nondyed special fuel purchased by a holder of a
special authorization may file a claim for refund of the
special fuel tax paid. A claim for refund of the special fuel
tax paid under this section is allowed only if all the following apply:
(a) Special fuel tax was paid by the distributor on the
nondyed special fuel to which the claim relates and the claim
is supported by an invoice or invoices showing such payment;
(b) The special fuel distributor sold the special fuel to
a holder of a valid special authorization issued by the
department;
(c) The claim contains the name and special authorization number of each purchaser and the number of gallons
sold to the purchaser;
(d) The claim contains a statement that the special fuel
distributor has not included the amount of the tax in the sale
price of the nondyed special fuel and has not collected the
special fuel tax from the purchaser; and
(e) The claim contains a statement that the special fuel
covered by the claim did not contain visible evidence of dye.
(3) Each claim for refund under this section must be
made on a form prescribed by the department and must be
for a period of not less than one week.
(4) The department may terminate the election of a
special fuel distributor if the special fuel distributor fails to
comply with this section.
(5) The department shall require a holder of a special
authorization to submit a request at least once every two
years for renewal of the special authorization upon forms
supplied by the department. The department shall prescribe
the information to be submitted by the special authorization
holder and shall determine whether the special authorization
shall continue.
(6) For any special fuel purchased under this special
authorization, a special authorization holder shall retain
records required under RCW 82.38.190 for refund submittals
for three years following the purchase date of the fuel.
(7) Notwithstanding the special provisions provided
under this section, the special authorization holder is subject
to all provisions of this chapter that apply to refund claims.
[1998 c 176 § 72.]
82.38.185 Refunds—Tax paid purchased by exempt
person—Application. A licensee, other than a special fuel
exporter, is entitled to a refund of the special fuel tax
previously paid on special fuel which has been purchased
from the licensee by a person who is exempt from payment
(2002 Ed.)
82.38.182
of the special fuel tax imposed by this chapter. Application
for the refund shall be accompanied by an invoice or proof
satisfactory to the department documenting each sale wherein
the purchaser was exempt from the special fuel tax. Claims
for refunds shall be made under this chapter. [1998 c 176
§ 73.]
82.38.190 Claim of refund or credit. (1) Claims
under RCW 82.38.180 shall be filed with the department on
forms prescribed by the department and shall show the date
of filing and the period covered in the claim, the number of
gallons of special fuel used for purposes subject to tax
refund, and such other facts and information as may be
required. Every such claim shall be supported by an invoice
or invoices issued to or by the claimant, as may be prescribed by the department, and such other information as the
department may require. The requirement to provide
invoices may be waived for small refund amounts, as
determined by the department. Claims for refund of special
fuel tax must be for at least twenty dollars.
(2) Any amount determined to be refundable by the
department under RCW 82.38.180 shall first be credited on
any amounts then due and payable from a person to whom
the refund is due, and the department shall then certify the
balance thereof to the state treasurer, who shall thereupon
draw his or her warrant for the certified amount to the
person.
(3) No refund or credit shall be approved by the
department unless a written claim for refund or credit stating
the specific grounds upon which the claim is founded is filed
with the department:
(a) Within thirteen months from the date of purchase or
from the last day of the month following the close of the
reporting period for which the refundable amount or credit
is due with respect to refunds or credits allowable under
RCW 82.38.180 (1), (2), (4), and (5), and if not filed within
this period the right to refund shall be forever barred.
(b) Within five years from the last day of the month
following the close of the reporting period for which the
overpayment is due with respect to the refunds or credits
allowable under RCW 82.38.180(3). The department shall
refund any amount paid that has been verified by the
department to be more than ten dollars over the amount
actually due for the reporting period. Payment credits shall
not be carried forward and applied to subsequent tax returns
for a person licensed under this chapter.
(4) Within thirty days after disallowing any claim in
whole or in part, the department shall serve written notice of
its action on the claimant.
(5) Interest shall be paid upon any refundable amount or
credit due under RCW 82.38.180(3) at the rate of one
percent per month from the last day of the calendar month
following the reporting period for which the refundable
amount or credit is due.
The interest shall be paid:
(a) In the case of a refund, to the last day of the
calendar month following the date upon which the person
making the overpayment, if he or she has not already filed
a claim, is notified by the department that a claim may be
filed or the date upon which the claim is approved by the
department, whichever date is earlier.
[Title 82 RCW—page 219]
82.38.190
Title 82 RCW: Excise Taxes
(b) In the case of a credit, to the same date as that to
which interest is computed on the tax or amount against
which the credit is applied.
If the department determines that any overpayment has
been made intentionally or by reason of carelessness, it shall
not allow any interest thereon.
(6) The department shall pay interest of one percent on
any refund payable under RCW 82.38.180 (1), (2), or (6)
that is issued more than thirty state business days after the
receipt of a claim properly filed and completed in accordance with this section. After the end of the thirty businessday period, additional interest shall accrue at the rate of one
percent on the amount payable for each thirty calendar-day
period, until the refund is issued.
(7) No injunction or writ of mandate or other legal or
equitable process shall issue in any suit, action or proceeding
in any court against this state or against any officer of the
state to prevent or enjoin the collection under this chapter of
any tax or any amount of tax required to be collected. [1998
c 176 § 74; 1997 c 183 § 10; 1996 c 91 § 4; 1979 c 40 §
14; 1973 1st ex.s. c 156 § 8; 1972 ex.s. c 138 § 5; 1971
ex.s. c 175 § 20.]
Effective date—1996 c 91: See note following RCW 46.87.150.
Effective date—1972 ex.s. c 138: See note following RCW
82.36.280.
82.38.200 Suits for recovery of taxes illegally or
erroneously collected. (1) No suit or proceeding shall be
maintained in any court for the recovery of any amount
alleged to have been overpaid under RCW 82.38.180 unless
a claim for refund or credit has been duly filed pursuant to
RCW 82.38.190.
(2) Within ninety days after the mailing of the notice of
the department’s action upon a claim filed pursuant to RCW
82.38.190, the claimant may bring an action against the
department on the grounds set forth in the claim in a court
of competent jurisdiction in Thurston county for the recovery
of the whole or any part of the amount with respect to which
the claim has been disallowed. Failure to bring action within
the time specified constitutes a waiver of any demand
against the state on account of the alleged overpayments.
(3) If the department fails to mail notice of action on a
claim within six months after the claim is filed, the claimant
may, prior to the mailing of notice by the department of its
intention on the claim, consider the claim disallowed and
bring an action against the department, on the grounds set
forth in the claim for the recovery of the whole or any part
of the amount claimed as an overpayment.
(4) If judgment is rendered for the plaintiff, the amount
of the judgment shall first be credited on any special fuel tax
due and payable from the plaintiff. The balance of the
judgment shall be refunded to the plaintiff.
(5) In any judgment, interest shall be allowed at the rate
of twelve percent per annum upon the amount found to have
been illegally collected from the date of payment of the
amount to the date of allowance of credit on account of the
judgment or to a date preceding the date of the refund
warrant, but not more than thirty days, the date to be
determined by the department. [1971 ex.s. c 175 § 21.]
[Title 82 RCW—page 220]
82.38.210 Tax lien—Filing. If any licensee liable for
the remittance of tax imposed by this chapter fails to pay the
same, the amount thereof, including any interest, penalty, or
addition to such tax, together with any costs that may accrue
in addition thereto, shall be a lien in favor of the state upon
all franchises, property, and rights to property, whether real
or personal, then belonging to or thereafter acquired by such
person, whether such property is employed by such person
for personal or business use or is in the hands of a trustee,
or receiver, or assignee for the benefit of creditors, from the
date the taxes were due and payable, until the amount of the
lien is paid or the property sold in payment thereof. The
lien shall have priority over any lien or encumbrance
whatsoever, except the lien of other state taxes having
priority by law, and except that such lien shall not be valid
as against any bona fide mortgagee, pledgee, judgment
creditor, or purchaser whose rights have attached prior to the
time the department has filed and recorded notice of such
lien as hereinafter provided.
In order to avail itself of the lien hereby created, the
department shall file with any county auditor a statement of
claim and lien specifying the amount of delinquent taxes,
penalties and interest claimed by the department. From the
time of filing for record, the amount required to be paid
shall constitute a lien upon all franchises, property and rights
to property, whether real or personal, then belonging to or
thereafter acquired by such person in the county. Any lien
as provided in this section may also be filed in the office of
the secretary of state. Filing in the office of the secretary of
state shall be of no effect, however, until the lien or copy
thereof shall have been filed with the county auditor in the
county where the property is located. When a lien is filed
in compliance herewith and with the secretary of state, such
filing shall have the same effect as if the lien had been duly
filed for record in the office of the auditor in each county of
this state. [1998 c 176 § 75; 1979 c 40 § 15; 1971 ex.s. c
175 § 22.]
82.38.220 Delinquency—Notice to debtors—
Transfer or disposition of property, credits, or debts
prohibited—Lien—Answer. In the event any licensee is
delinquent in the payment of any obligation imposed under
this chapter, the department may give notice of the amount
of such delinquency by registered or certified mail to all
persons having in their possession or under their control any
credits or other personal property belonging to the licensee
or owing any debts to the licensee, at the time of the receipt
by them of such notice. Any person so notified shall neither
transfer nor make other disposition of such credits, personal
property, or debts until the department consents to a transfer
or other disposition. All persons so notified must, within
twenty days after receipt of the notice, advise the department
of any and all such credits, personal property, or debts in
their possession, under their control or owing by them, as the
case may be, and shall immediately deliver such credits,
personal property, or debts to the department or its duly
authorized representative to be applied to the indebtedness
involved.
Upon service, the notice and order to withhold and
deliver constitutes a continuing lien on property of the
taxpayer. The department shall include in the caption of the
(2002 Ed.)
Special Fuel Tax Act
notice to withhold and deliver "continuing lien." The effective date of a notice to withhold and deliver served under
this section is the date of service of the notice.
If a person fails to answer the notice within the time
prescribed by this section, it is lawful for the court, upon
application of the department and after the time to answer
the notice has expired, to render judgment by default against
the party named in the notice to withhold and deliver for the
full amount claimed by the department in the notice to
withhold and deliver, together with costs. [1998 c 176 § 76;
1994 c 262 § 26; 1983 c 242 § 5; 1979 c 40 § 16; 1971
ex.s. c 175 § 23.]
82.38.230 Delinquency—Seizure and sale of property—Notice—Distribution of excess. Whenever any licensee
is delinquent in the payment of any obligation imposed
hereunder, and such delinquency continues after notice and
demand for payment by the department, the department shall
proceed to collect the amount due from the licensee in the
following manner: The department shall seize any property
subject to the lien of said excise tax, penalty, and interest
and thereafter sell it at public auction to pay said obligation
and any and all costs that may have been incurred on
account of the seizure and sale. Notice of such intended sale
and the time and place thereof shall be given to such
delinquent licensee and to all persons appearing of record to
have an interest in such property. The notice shall be given
in writing at least ten days before the date set for the sale by
enclosing it in an envelope addressed to the licensee at the
licensee’s address as the same appears in the records of the
department and, in the case of any person appearing of
record to have an interest in such property, addressed to such
person at his or her last known residence or place of
business, and depositing such envelope in the United States
mail, postage prepaid. In addition, the notice shall be
published for at least ten days before the date set for the sale
in a newspaper of general circulation published in the county
in which the property seized is to be sold. If there is no
newspaper of general circulation in such county, the notice
shall be posted in three public places in the county for a
period of ten days. The notice shall contain a description of
the property to be sold, together with a statement of the
amount due under this chapter, the name of the licensee and
the further statement that unless such amount is paid on or
before the time fixed in the notice the property will be sold
in accordance with law.
The department shall then proceed to sell the property
in accordance with the law and the notice, and shall deliver
to the purchaser a bill of sale or deed which shall vest title
in the purchaser. If upon any such sale the moneys received
exceed the amount due to the state under this chapter from
the delinquent licensee, the excess shall be returned to the
licensee and the licensee’s receipt obtained for the excess.
If any person having an interest in or lien upon the property
has filed with the department prior to such sale, notice of
such interest or lien, the department shall withhold payment
of any such excess to the licensee pending a determination
of the rights of the respective parties thereto by a court of
competent jurisdiction. If for any reason the receipt of the
licensee is not available, the department shall deposit such
excess with the state treasurer as trustee for the licensee or
(2002 Ed.)
82.38.220
the licensee’s heirs, successors, or assigns: PROVIDED,
That prior to making any seizure of property as provided for
in this section, the department may first serve upon the
licensee’s bondsman a notice of the delinquency, with a
demand for the payment of the amount due. [1998 c 176 §
77; 1979 c 40 § 17; 1971 ex.s. c 175 § 24.]
82.38.235 Assessments—Warrant—Lien—Filing
fee—Writs of execution and garnishment. Whenever any
assessment shall have become final in accordance with the
provisions of this chapter, the department may file with the
clerk of any county within the state a warrant in the amount
of the assessment of taxes, penalties plus interest and a filing
fee under RCW 36.18.012(10). The clerk of the county
wherein the warrant is filed shall immediately designate a
superior court cause number for such warrant, and the clerk
shall cause to be entered in the judgment docket under the
superior court cause number assigned to the warrant, the
name of the licensee mentioned in the warrant, the amount
of the tax, penalties, interest and filing fee and the date when
such warrant was filed. The aggregate amount of such warrant as docketed shall become a lien upon the title to, and
interest in all real and personal property of named person
against whom the warrant is issued, the same as a judgment
in a civil case duly docketed in the office of such clerk.
Such warrant so docketed shall be sufficient to support the
issuance of writs of execution and writs of garnishment in
favor of the state in the manner provided by law in the case
of civil judgment, wholly or partially unsatisfied. The clerk
of the court shall be entitled to a filing fee under RCW
36.18.012(10), which shall be added to the amount of the
warrant. [2001 c 146 § 14; 1998 c 176 § 78; 1979 c 40 §
22.]
82.38.240 Delinquency—Collection by civil action—
Certificate. Whenever any licensee is delinquent in the
payment of any obligation hereunder the department may
transmit notice of such delinquency to the attorney general
who shall at once proceed to collect by appropriate legal
action the amount due the state from the licensee. In any
suit brought to enforce the rights of the state hereunder, a
certificate by the department showing the delinquency shall
be prima facie evidence of the amount of the obligation, of
the delinquency thereof and of compliance by the department
with all provisions of this chapter relating to such obligation.
[1998 c 176 § 79; 1971 ex.s. c 175 § 25.]
82.38.245 Bankruptcy proceedings—Notice. A
special fuel licensee, who files or against whom is filed a
petition in bankruptcy, shall, within ten days of the filing,
notify the department of the proceedings in bankruptcy,
including the identity and location of the court in which the
proceedings are pending. [1997 c 183 § 9.]
82.38.250 Remedies cumulative. The foregoing
remedies of the state in this chapter shall be cumulative and
no action taken by the department shall be construed to be
an election on the part of the state or any of its officers to
pursue any remedy hereunder to the exclusion of any other
remedy for which provision is made in this chapter. [1971
ex.s. c 175 § 26.]
[Title 82 RCW—page 221]
82.38.260
Title 82 RCW: Excise Taxes
82.38.260 Administration and enforcement. The
department shall enforce the provisions of this chapter, and
may prescribe, adopt, and enforce reasonable rules and
regulations relating to the administration and enforcement
thereof. The Washington state patrol and its officers shall
aid the department in the enforcement of this chapter, and,
for this purpose, are declared to be peace officers, and given
police power and authority throughout the state to arrest on
sight any person known to have committed a violation of the
provisions of this chapter.
The department or its authorized representative is hereby
empowered to examine the books, papers, records and
equipment of any licensee or any person dealing in, transporting, or storing special fuel as defined in this chapter and
to investigate the character of the disposition which any
person makes of such special fuel in order to ascertain and
determine whether all taxes due hereunder are being properly
reported and paid. The fact that such books, papers, records
and equipment are not maintained in this state at the time of
demand shall not cause the department to lose any right of
such examination under this chapter when and where such
records become available.
The department or its authorized representative is further
empowered to investigate the disposition of special fuel by
any person where the department has reason to believe that
untaxed special fuel has been diverted to a use subject to the
taxes imposed by this chapter without said taxes being paid
in accordance with the requirements of this chapter.
For the purpose of enforcing the provisions of this
chapter it shall be presumed that all special fuel delivered to
service stations as well as all special fuel otherwise received
into storage and dispensing equipment designed to fuel
motor vehicles is delivered into the fuel supply tanks of
motor vehicles and consumed in the propulsion of motor
vehicles on the highways of this state, unless the contrary is
established by satisfactory evidence.
The department shall, upon request from the officials to
whom are entrusted the enforcement of the special fuel tax
law of any other state, the District of Columbia, the United
States, its territories and possessions, the provinces or the
Dominion of Canada, forward to such officials any information which he or she may have relative to the receipt,
storage, delivery, sale, use, or other disposition of special
fuel by any licensee if the other state or states furnish like
information to this state.
Returns required by this chapter, exclusive of schedules,
itemized statements and other supporting evidence annexed
thereto, shall at all reasonable times be open to the public.
[1998 c 176 § 80; 1995 c 274 § 25; 1979 c 40 § 18; 1971
ex.s. c 175 § 27.]
82.38.265 Administration, collection, and enforcement of taxes pursuant to chapter 82.41 RCW. For the
purposes of administration, collection, and enforcement of
taxes imposed under this chapter, pursuant to an agreement
under chapter 82.41 RCW, chapter 82.41 RCW shall control
to the extent of any conflict. [1982 c 161 § 14.]
82.38.270 Violations—Penalties. (1) It is unlawful
for a person or corporation to evade a tax or fee imposed
under this chapter.
[Title 82 RCW—page 222]
(2) Evasion of taxes or fees under this chapter is a class
C felony under chapter 9A.20 RCW. In addition to other
penalties and remedies provided by law, the court shall order
a person or corporation found guilty of violating subsection
(1) of this section to:
(a) Pay the tax or fee evaded plus interest, commencing
at the date the tax or fee was first due, at the rate of twelve
percent per year, compounded monthly; and
(b) Pay a penalty of one hundred percent of the tax
evaded, to the multimodal transportation account of the state.
[2000 2nd sp.s. c 4 § 10; 1995 c 287 § 4; 1979 c 40 § 19;
1977 c 26 § 4; 1971 ex.s. c 175 § 28.]
Effective dates—2000 2nd sp.s. c 4 §§ 4-10: See note following
RCW 43.89.010.
82.38.275 Investigatory power. The department may
initiate and conduct investigations as may be reasonably
necessary to establish the existence of any alleged violations
of or noncompliance with the provisions of this chapter or
any rules or regulations issued hereunder.
For the purpose of any investigation or proceeding
under this chapter, the director or any officer designated by
him may administer oaths and affirmations, subpoena
witnesses, compel their attendance, take evidence, and
require the production of any books, papers, correspondence,
memoranda, agreements, or other documents or records
which the director deems relevant or material to the inquiry.
In case of contumacy by or refusal to obey a subpoena
issued to, any person, any court of competent jurisdiction
upon application by the director, may issue to that person an
order requiring him to appear before the director, or the
officer designated by him to produce testimony or other
evidence touching the matter under investigation or in
question. The failure to obey an order of the court may be
punishable by contempt. [1979 c 40 § 20.]
82.38.280 State preempts tax field. The tax levied
in this chapter is in lieu of any excise, privilege, or occupational tax upon the business of manufacturing, selling, or
distributing special fuel, and no city, town, county, township
or other subdivision or municipal corporation of the state
shall levy or collect any excise tax upon or measured by the
sale, receipt, distribution, or use of special fuel, except as
provided in RCW 82.80.010 and 82.47.020. [1991 c 173 §
5; 1990 c 42 § 205; 1979 ex.s. c 181 § 6; 1971 ex.s. c 175
§ 29.]
Effective date—1991 c 173: See note following RCW 82.47.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—Severability—1979 ex.s. c 181: See notes following
RCW 82.36.440.
82.38.285 Tax liability of user—Exceptions. It is
intended that the ultimate liability for the tax imposed under
this chapter be upon the user, regardless of the manner in
which collection of the tax is provided for in this chapter.
However, this section does not apply to agreements between
the department and federally recognized Indian tribes entered
into under RCW 82.38.310, nor does it apply to the consent
decrees entered in Confederated Tribes of the Colville
Reservation v. Washington Department of Licensing, No. CS(2002 Ed.)
Special Fuel Tax Act
92-248-JLQ (E.D. Wash.) and Teo v. Steffenson, No. CY-933050-AAM (E.D. Wash.). [1998 c 176 § 81.]
82.38.289 Liability, payment, and report of taxes
due before March 2000—Inventory report—Penalties,
interest. A special fuel distributor who incurs liability in
December 1998 for the special fuel tax imposed under this
chapter shall report the liability and pay the tax in January
1999 in the manner required by this chapter as it existed
before January 1, 1999.
A special fuel distributor or special fuel user shall
inventory all special fuel, including dyed special fuel, that is
on hand or in the person’s possession as of 12:01 a.m. on
January 1, 1999, and is not in the bulk transfer-terminal system and shall report the results of the inventory to the
department no later than the last business day of February
1999. The report of inventory must be made on a form
prescribed by the department.
A special fuel distributor may pay the tax due on special
fuel in inventory any time before February 28, 2000, but at
least one-twelfth of the amount due must be paid by the last
day of each month starting with February 1999. Payments
not received in accordance with this section are late and are
subject to the interest and penalty provisions of this chapter.
Payments made after February 2000 are late and are subject
to the interest and penalty provisions of this chapter.
A special fuel user shall pay the tax due on fuel in
inventory in accordance with the filing frequency assigned
to the user before January 1, 1999. Payments not received
in accordance with the filing frequency are late and are
subject to the interest and penalty provisions of this chapter.
[1998 c 176 § 82.]
82.38.290 Disposition of funds. All taxes, interest
and penalties collected under this chapter shall be credited
and deposited in the same manner as are motor vehicle fuel
taxes collected under RCW 82.36.410. [1971 ex.s. c 175 §
30.]
82.38.300 Judicial review and appeals. Judicial
review and appeals shall be governed by the Administrative
Procedure Act, chapter 34.05 RCW. [1971 ex.s. c 175 §
31.]
82.38.310 Agreement with tribe for imposition,
collection, use. The department of licensing may enter into
an agreement with any federally recognized Indian tribe
located on a reservation within this state regarding the
imposition, collection, and use of this state’s special fuel tax,
or the budgeting or use of moneys in lieu thereof, upon
terms substantially the same as those in the consent decree
entered by the federal district court (Eastern District of
Washington) in Confederated Tribes of the Colville Reservation v. DOL, et al., District Court No. CY-92-248-JLO.
[1995 c 320 § 3.]
Legislative recognition, belief—Severability—Effective date—1995
c 320: See notes following RCW 82.36.450.
82.38.320 Bulk storage of special fuel by international fuel tax agreement licensee—Authorization to pay
tax at time of filing tax return—Schedule—Report—
(2002 Ed.)
82.38.285
Exemptions. (1) An international fuel tax agreement
licensee who meets the qualifications in subsection (2) of
this section may be given special authorization by the
department to purchase special fuel delivered into bulk
storage without payment of the special fuel tax at the time
the fuel is purchased. The special authorization applies only
to full truck-trailer loads filled at a terminal rack and delivered directly to the bulk storage facilities of the special
authorization holder. The licensee shall pay special fuel tax
on the fuel at the time the licensee files their international
fuel tax agreement tax return and accompanying schedule
with the department. The accompanying schedule shall be
provided in a form and manner determined by the department and shall contain information on purchases and usage
of all nondyed special fuel purchased during the reporting
period. In addition, by the fifteenth day of the month
following the month in which fuel under the special authorization was purchased, the licensee must report to the
department, the name of the seller and the number of gallons
purchased for each purchase of such fuel, and any other
information as the department may require.
(2) To receive or maintain special authorization under
subsection (1) of this section, the following conditions
regarding the international fuel tax agreement licensee must
apply:
(a) During the period encompassing the four consecutive
calendar quarters immediately preceding the fourth calendar
quarter of the previous year, the number of gallons consumed outside the state of Washington as reported on the
licensee’s international fuel tax agreement tax returns must
have been equal to at least twenty percent of the nondyed
special fuel gallons, including fuel used on-road and offroad, purchased by the licensee in the state of Washington,
as reported on the accompanying schedules required under
subsection (1) of this section;
(b) The licensee must have been licensed under the
provisions of the international fuel tax agreement during
each of the four consecutive calendar quarters immediately
preceding the fourth calendar quarter of the previous year;
and
(c) The licensee has not violated the reporting requirements of this section.
(3) A special fuel distributor who sells special fuel
under the special authorization provisions of this section is
not liable for the special fuel tax on the fuel. By the
fifteenth day of the month following the month in which the
fuel was sold, the special fuel distributor shall report to the
department, the name and special authorization number of
the purchaser and the number of gallons sold for each
purchase of such special fuel, and any other information as
the department may require. The special fuel supplier will
report such sales, in a manner prescribed by the department,
at the time the special fuel supplier submits the monthly tax
report.
(4) A supplier selling special fuel under the provisions
of this section shall not be responsible for taxes due for
special fuel purchased under the provisions of this section.
(5) An international fuel tax agreement licensee who
qualifies for a special authorization under this section for
calendar year 1999 is not subject to the special fuel user
requirements of RCW 82.38.289. [1998 c 176 § 83.]
[Title 82 RCW—page 223]
82.38.350
Title 82 RCW: Excise Taxes
82.38.350 Fuel tax cooperative agreement. The
department of licensing may enter into a fuel tax cooperative
agreement with another state or Canadian province for the
administration, collection, and enforcement of each state’s or
Canadian province’s fuel taxes. [1998 c 176 § 88.]
82.38.800
Rules—1998 c 176. See RCW 82.36.800.
82.38.900 Section captions. All section captions used
in this chapter do not constitute any part of the law. [1971
ex.s. c 175 § 32.]
82.38.910 Short title. This chapter may be cited as
the "Special Fuel Tax Act". [1971 ex.s. c 175 § 1.]
82.38.920 Severability—1971 ex.s. c 175. If any
provision of this 1971 act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 175 § 34.]
82.38.930 Effective date—1971 ex.s. c 175. The
effective date of this Special Fuel Tax Act is January 1,
1972. [1971 ex.s. c 175 § 36.]
82.38.940
82.36.900.
82.38.941
82.36.901.
Findings—1998 c 176. See RCW
Effective date—1998 c 176. See RCW
Chapter 82.41
MULTISTATE MOTOR FUEL TAX AGREEMENT
Sections
82.41.010
82.41.020
82.41.030
82.41.040
82.41.050
82.41.060
82.41.070
82.41.080
82.41.090
82.41.100
82.41.110
82.41.120
Purpose.
Definitions.
Motor fuel tax cooperative agreement authorized—
Prohibition.
Amount of tax collected for this state.
Provisions of agreement.
Credits—Refunds.
Audits.
Investigatory power.
Appeal procedures.
Exchange of information.
Construction and application.
Implementing rules required.
82.41.010 Purpose. It is the purpose of this chapter
to simplify the confusing, unnecessarily duplicative, and
burdensome motor fuel use tax licensing, reporting, and
remittance requirements imposed on motor carriers involved
in interstate commerce by authorizing the state of Washington to participate in a multistate motor fuel tax agreement for
the administration, collection, and enforcement of those
states’ motor fuel use taxes. [1982 c 161 § 1.]
(1) "Department" means the department of licensing;
(2) "Motor fuel" means all combustible gases and
liquids used for the generation of power for propulsion of
motor vehicles;
(3) "Motor carrier" means an individual, partnership,
firm, association, or private or public corporation engaged in
interstate commercial operation of motor vehicles, any part
of which is within this state or any other state which is party
to an agreement under this chapter;
(4) "State" means a state, territory, or possession of the
United States, the District of Columbia, a foreign country, or
a state or province of a foreign country;
(5) "Base state" means the state in which the motor
carrier is legally domiciled, or in the case of a motor carrier
who has no legal domicile, the state from or in which the
motor carrier’s vehicles are most frequently dispatched,
garaged, serviced, maintained, operated, or otherwise
controlled;
(6) "Agreement" means a motor fuel tax agreement
under this chapter;
(7) "Licensee" means a motor carrier who has been
issued a fuel tax license under a motor fuel tax agreement.
[1982 c 161 § 2.]
82.41.030 Motor fuel tax cooperative agreement
authorized—Prohibition. The department may enter into
a motor fuel tax cooperative agreement with another state or
states which provides for the administration, collection, and
enforcement of each state’s motor fuel taxes on motor fuel
used by motor carriers. The agreement shall not contain any
provision which exempts any motor vehicle, owner, or
operator from complying with the laws, rules, and regulations pertaining to vehicle licensing, size, weight, load, or
operation of motor vehicles upon the public highways of this
state. [1982 c 161 § 3.]
82.41.040 Amount of tax collected for this state.
The amount of the tax imposed and collected on behalf of
this state under an agreement entered into under this chapter
shall be determined as provided in chapter 82.38 RCW.
[1995 c 274 § 26; 1982 c 161 § 4.]
82.41.050 Provisions of agreement. An agreement
entered into under this chapter may provide for:
(1) Defining the classes of motor vehicles upon which
taxes are to be collected under the agreement;
(2) Establishing methods for base state fuel tax licensing, license revocation, and tax collection from motor
carriers on behalf of the states which are parties to the
agreement;
(3) Establishing procedures for the granting of credits or
refunds on the purchase of excess tax-paid fuel;
(4) Defining conditions and criteria relative to bonding
requirements, including criteria for exemption from bonding;
(5) Establishing tax reporting periods not to exceed one
calendar quarter, and tax report due dates not to exceed one
calendar month after the close of the reporting period;
(6) Penalties and interest for filing of tax reports after
the due dates prescribed by the agreement;
82.41.020 Definitions. As used in this chapter unless
the context clearly requires otherwise:
[Title 82 RCW—page 224]
(2002 Ed.)
Multistate Motor Fuel Tax Agreement
82.41.050
(7) Establishing procedures for forwarding of fuel taxes,
penalties, and interest collected on behalf of another state to
that state;
(8) Recordkeeping requirements for licensees; and
(9) Any additional provisions which will facilitate the
administration of the agreement. [1982 c 161 § 5.]
82.41.090 Appeal procedures. The agreement shall
specify procedures by which a licensee may appeal a license
revocation or audit assessment by the department. Such
appeal procedures shall be in accordance with chapters 34.05
and 82.38 RCW. [1982 c 161 § 9.]
82.41.060 Credits—Refunds. Any licensee purchasing more tax-paid motor fuel in this state than the licensee
uses in this state during the course of a reporting period shall
be permitted a credit against future tax liability for the
excess tax-paid fuel purchased. Upon request, this credit
may be refunded to the licensee by the department in
accordance with the agreement. [1982 c 161 § 6.]
82.41.100 Exchange of information. The agreement
may require each state to forward to other states any
information available which relates to the acquisition, sale,
use, or movement of motor fuels by any licensee or person
required to be licensed. The department may further
disclose to other states information which relates to the
persons, offices, motor vehicles and other real and personal
property of persons licensed or required to be licensed under
the agreement. [1982 c 161 § 10.]
82.41.070 Audits. The agreement may require the
department to perform audits of licensees, or persons
required to be licensed, based in this state to determine
whether motor fuel taxes to be collected under the agreement
have been properly reported and paid to each state party to
the agreement. The agreement may authorize other states to
perform audits on licensees, or persons required to be
licensed, based in their states on behalf of the state of
Washington and forward the audit findings to the department. Such findings may be served upon the licensee or
such other person in the same manner as audits performed
by the department.
The agreement shall not preclude the department from
auditing the records of any person who has used motor fuels
in this state. Any licensee or person required to be licensed
from whom the department has requested records shall make
the records available at the location designated by the
department or may request the department to audit such
records at that licensee’s or person’s place of business. If
the place of business is located outside this state, the
department may require the licensee or such other person to
reimburse the department for authorized per diem and travel
expenses. [1982 c 161 § 7.]
82.41.080 Investigatory power. The department may
initiate and conduct investigations as may be reasonably
necessary to establish the existence of any alleged violations
of or noncompliance with this chapter or any rules issued
hereunder.
For the purpose of any investigation or proceeding
under this chapter, the director or any officer designated by
the director may administer oaths and affirmations, subpoena
witnesses, compel their attendance, take evidence, and
require the production of any books, papers, correspondence,
memoranda, agreements, or other documents or records
which the director deems relevant or material to the inquiry.
In case of contumacy by or refusal to obey a subpoena
issued to any person, any court of competent jurisdiction,
upon application by the director, may issue to that person an
order requiring him to appear before the director, or the
officer designated by the director, to produce testimony or
other evidence touching the matter under investigation or in
question. The failure to obey an order of the court may be
punishable by contempt. [1982 c 161 § 8.]
(2002 Ed.)
82.41.110 Construction and application. This
chapter shall be applied and construed to effectuate its
general purpose to make uniform the law with respect to the
subject of this chapter among states enacting it for the
purpose of participating in a multistate motor fuel tax
agreement. [1982 c 161 § 11.]
82.41.120 Implementing rules required. The
department shall adopt such rules as are necessary to
implement this chapter and any agreement entered into under
this chapter. [1982 c 161 § 12.]
Chapter 82.42
AIRCRAFT FUEL TAX
Sections
82.42.010
82.42.020
82.42.025
82.42.030
82.42.040
82.42.050
82.42.060
82.42.070
82.42.080
82.42.090
82.42.100
82.42.110
82.42.120
82.42.125
82.42.900
Definitions.
Aircraft fuel tax imposed—Exception—Rate to be computed—Misappropriation or conversion—Penalties, liability.
Computation of aircraft fuel tax rate.
Exemptions.
Collection of tax—Procedure—Licensing—Surety bond or
other security—Records, reports, statements—
Application—Investigation—Fee—Penalty for false
statement.
Failure of distributor to file report or statement—
Determination by director of amount sold, delivered or
used—Basis for tax assessment—Penalty—Records
public.
Payment of tax—Penalty for delinquency—Enforcement of
collection—Provisions of RCW 82.36.040, 82.36.070,
82.36.110 through 82.36.140 made applicable.
Imports, exports, sales to United States government exempted—Procedure—Sales to state or political subdivisions
not exempt—Refund procedures.
Violations—Penalty.
Tax proceeds—Disposition—Aeronautics account.
Enforcement.
Tax upon persons other than distributors—Imposition—
Collection—Distribution—Enforcement.
Mitigation of assessments.
Bankruptcy proceedings—Notice.
Severability—1967 ex.s. c 10.
82.42.010 Definitions. For the purposes of this
chapter:
(1) "Department" means the department of licensing;
(2) "Director" means the director of licensing;
[Title 82 RCW—page 225]
82.42.010
Title 82 RCW: Excise Taxes
(3) "Person" means every natural person, firm, partnership, association, or private or public corporation;
(4) "Aircraft" means every contrivance now known or
hereafter invented, used or designed for navigation of or
flight in the air, operated or propelled by the use of aircraft
fuel;
(5) "Aircraft fuel" means gasoline and any other
inflammable liquid, by whatever name such liquid is known
or sold, the chief use of which is as fuel for the propulsion
of aircraft, except gas or liquid, the chief use of which as
determined by the director, is for purposes other than the
propulsion of aircraft;
(6) "Dealer" means any person engaged in the retail sale
of aircraft fuel;
(7) "Distributor" means any person engaged in the sale
of aircraft fuel to any dealer and shall include any dealer
from whom the tax hereinafter imposed has not been
collected;
(8) "Weighted average retail sales price of aircraft fuel"
means the average retail sales price, excluding any federal
excise tax, of the several grades of aircraft fuel sold by
dealers throughout the state (less any state excise taxes on
the sale, distribution, or use thereof) upon which fuel the tax
levied by this chapter has been collected, weighted to reflect
the quantities sold at each price;
(9) "Fiscal half-year" means a six-month period ending
June 30th or December 31st;
(10) "Local service commuter" means an air taxi
operator who operates at least five round-trips per week
between two or more points; publishes flight schedules
which specify the times, days of the week, and points
between which it operates; and whose aircraft has a maximum capacity of sixty passengers or eighteen thousand
pounds of useful load. [1983 c 49 § 1; 1982 1st ex.s. c 25
§ 1; 1979 c 158 § 229; 1969 ex.s. c 254 § 1; 1967 ex.s. c 10
§ 1.]
Effective date—1983 c 49: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect May 1,
1983." [1983 c 49 § 3.]
Severability—1982 1st ex.s. c 25: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 25 § 11.]
Effective date—1982 1st ex.s. c 25: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect July 1, 1982." [1982 1st ex.s. c 25 § 12.]
Effective date—1969 ex.s. c 254: "The effective date of this 1969
amendatory act is July 1, 1969." [1969 ex.s. c 254 § 7.]
82.42.020 Aircraft fuel tax imposed—Exception—
Rate to be computed—Misappropriation or conversion—
Penalties, liability. There is hereby levied, and there shall
be collected by every distributor of aircraft fuel, an excise
tax at the rate computed under RCW 82.42.025 on each
gallon of aircraft fuel sold, delivered or used in this state:
PROVIDED HOWEVER, That such aircraft fuel excise tax
shall not apply to fuel for aircraft that both operate from a
private, non-state-funded airfield during at least ninety-five
percent of the aircraft’s normal use and are used principally
for the application of pesticides, herbicides, or other agricultural chemicals: PROVIDED FURTHER, That there shall
[Title 82 RCW—page 226]
be collected from every consumer or user of aircraft fuel
either the use tax imposed by RCW 82.12.020, as amended,
or the retail sales tax imposed by RCW 82.08.020, as
amended, collection procedure to be as prescribed by law
and/or rule or regulation of the department of revenue. The
taxes imposed by this chapter shall be collected and paid to
the state but once in respect to any aircraft fuel.
The tax required by this chapter, to be collected by the
seller, is held in trust by the seller until paid to the department, and a seller who appropriates or converts the tax
collected to his or her own use or to any use other than the
payment of the tax to the extent that the money required to
be collected is not available for payment on the due date as
prescribed in this chapter is guilty of a felony, or gross
misdemeanor in accordance with the theft and anticipatory
provisions of Title 9A RCW. A person, partnership, corporation, or corporate officer who fails to collect the tax
imposed by this section, or who has collected the tax and
fails to pay it to the department in the manner prescribed by
this chapter, is personally liable to the state for the amount
of the tax. [1996 c 104 § 13; 1982 1st ex.s. c 25 § 2; 1969
ex.s. c 254 § 2; 1967 ex.s. c 10 § 2.]
Severability—Effective date—1982 1st ex.s. c 25: See notes
following RCW 82.42.010.
82.42.025 Computation of aircraft fuel tax rate. (1)
During the fifth month of each fiscal half-year ending June
30th and December 31st of each year, the department of
licensing shall compute an aircraft fuel tax rate to the nearest
one-half cent per gallon of aircraft fuel by multiplying three
percent times the weighted average retail sales price of aircraft fuel, per gallon, sold within the state in the third month
of the fiscal half-year. The department shall determine the
weighted average retail sales price of aircraft fuel by
statewide sampling and survey techniques designed to reflect
these prices for the third month of the fiscal half-year. The
department shall establish reasonable guidelines for its
sampling and survey methods.
(2) The excise tax rate computed under subsection (1)
of this section or five cents per gallon, whichever is greater,
shall apply to the sale, distribution, or use of aircraft fuel
beginning the fiscal half-year following computation of the
rate and shall remain in effect for each succeeding fiscal
half-year until a subsequent computation requires a change
in the rate. For the period May 1, 1983, through June 30,
1983, the aircraft fuel tax shall be five cents per gallon.
[1983 c 49 § 2; 1982 1st ex.s. c 25 § 3.]
Effective date—1983 c 49: See note following RCW 82.42.010.
Severability—Effective date—1982 1st ex.s. c 25: See notes
following RCW 82.42.010.
82.42.030 Exemptions. The provision of RCW
82.42.020 imposing the payment of an excise tax on each
gallon of aircraft fuel sold, delivered or used in this state
shall not apply to aircraft fuel sold for export, nor to aircraft
fuel used for the following purposes: (1) The operation of
aircraft when such use is by any air carrier or supplemental
air carrier operating under a certificate of public convenience
and necessity under the provisions of the Federal Aviation
Act of 1958, Public Law 85-726, as amended; (2) the
operation of aircraft for testing or experimental purposes; (3)
(2002 Ed.)
Aircraft Fuel Tax
the operation of aircraft when such operation is for the
training of crews in Washington state for purchasers of
aircraft who are certified air carriers; and (4) the operation
of aircraft in the operations of a local service commuter:
PROVIDED, That the director’s determination as to a
particular activity for which aircraft fuel is used as being an
exemption under this section, or otherwise, shall be final.
To claim an exemption on account of sales by a
licensed distributor of aircraft fuel for export, the purchaser
shall obtain from the selling distributor, and such selling
distributor must furnish the purchaser, an invoice giving such
details of the sale for export as the director may require,
copies of which shall be furnished the department and the
entity of the state or foreign jurisdiction of destination which
is charged by the laws of that state or foreign jurisdiction
with the control or monitoring or both, of the sales or
movement of aircraft fuel in that state or foreign jurisdiction.
[1989 c 193 § 4; 1982 1st ex.s. c 25 § 4; 1967 ex.s. c 10 §
3.]
Severability—Effective date—1982 1st ex.s. c 25: See notes
following RCW 82.42.010.
82.42.040 Collection of tax—Procedure—
Licensing—Surety bond or other security—Records,
reports, statements—Application—Investigation—Fee—
Penalty for false statement. The director shall by rule and
regulation adopted as provided in chapter 34.05 RCW (Administrative Procedure Act) set up the necessary administrative procedure for collection by the department of the aircraft
fuel excise tax as provided for in RCW 82.42.020, placing
the responsibility of collection of said tax upon every
distributor of aircraft fuel within the state; he may require
the licensing of every distributor of aircraft fuel and shall
require such a corporate surety bond or security of any
distributor or person not otherwise bonded under provisions
of chapter 82.36 RCW as is provided for distributors of
motor vehicle fuel under RCW 82.36.060; he shall provide
such forms and may require such reports or statements as in
his determination shall be necessary for the proper administration of this chapter. The director may require such
records to be kept, and for such periods of time, as deemed
necessary for the administration of this chapter, which
records shall be available at all times for the director or his
representative who may require a statement under oath as to
the contents thereof.
Every application for a distributor’s license must contain
the following information to the extent it applies to the
applicant:
(1) Proof as the department may require concerning the
applicant’s identity, including but not limited to his or her
fingerprints or those of the officers of a corporation making
the application;
(2) The applicant’s form and place of organization
including proof that the individual, partnership, or corporation is licensed to do business in this state;
(3) The qualification and business history of the
applicant and any partner, officer, or director;
(4) The applicant’s financial condition or history
including a bank reference and whether the applicant or any
partner, officer, or director has ever been adjudged bankrupt
or has an unsatisfied judgment in a federal or state court;
(2002 Ed.)
82.42.030
(5) Whether the applicant has been adjudged guilty of a
crime that directly relates to the business for which the
license is sought and the time elapsed since the conviction
is less than ten years, or has suffered a judgment within the
preceding five years in a civil action involving fraud,
misrepresentation, or conversion and in the case of a
corporation or partnership, all directors, officers, or partners.
After receipt of an application for a license, the director
may conduct an investigation to determine whether the facts
set forth are true. The director may require a fingerprint
record check of the applicant through the Washington state
patrol criminal identification system and the federal bureau
of investigation before issuance of a license. The results of
the background investigation including criminal history
information may be released to authorized department
personnel as the director deems necessary. The department
shall charge a license holder or license applicant a fee of
fifty dollars for each background investigation conducted.
An applicant who makes a false statement of a material
fact on the application may be prosecuted for false swearing
as defined by RCW 9A.72.040. [1996 c 104 § 14; 1982 1st
ex.s. c 25 § 5; 1969 ex.s. c 254 § 3; 1967 ex.s. c 10 § 4.]
Severability—Effective date—1982 1st ex.s. c 25: See notes
following RCW 82.42.010.
82.42.050 Failure of distributor to file report or
statement—Determination by director of amount sold,
delivered or used—Basis for tax assessment—Penalty—
Records public. Should any distributor fail to file any
report or statement, as shall be required by rule and regulation of the director, showing the total number of gallons of
aircraft fuel sold, delivered or used by a distributor within
the state during the preceding calendar month, the director
shall proceed forthwith to determine from the best available
sources such amount and said determination shall be presumed to be correct for that period, until proved by competent evidence to be otherwise. The director shall immediately assess the excise tax in the amount so determined, adding
thereto a penalty of ten percent for failure to report. Such
penalty shall be cumulative of other penalties herein provided. All statements or reports required to be filed with the
director as required in this section shall be public records.
[1969 ex.s. c 254 § 4; 1967 ex.s. c 10 § 5.]
82.42.060 Payment of tax—Penalty for delinquency—Enforcement of collection—Provisions of RCW
82.36.040, 82.36.070, 82.36.110 through 82.36.140 made
applicable. The amount of aircraft fuel excise tax imposed
under RCW 82.42.020 for each month shall be paid to the
director on or before the twenty-fifth day of the month
thereafter, and if not paid prior thereto, shall become
delinquent at the close of business on that day, and a penalty
of ten percent of such excise tax must be added thereto for
delinquency. Any aircraft fuel tax, penalties, and interest
payable under the provisions of this chapter shall bear
interest at the rate of one percent per month, or fraction
thereof, from the first day of the calendar month after the
close of the monthly period for which the amount or any
portion thereof should have been paid until the date of
payment. RCW 82.36.070 applies to the issuance, refusal,
or revocation of a license issued under this chapter. The
[Title 82 RCW—page 227]
82.42.060
Title 82 RCW: Excise Taxes
provisions of RCW 82.36.110 relating to a lien for taxes,
interests or penalties due, shall be applicable to the collection
of the aircraft fuel excise tax provided in RCW 82.42.020,
and the provisions of RCW 82.36.120, 82.36.130 and
82.36.140 shall apply to any distributor of aircraft fuel with
respect to the aircraft fuel excise tax imposed under RCW
82.42.020. Payment credits shall not be carried forward and
applied to subsequent tax returns. [1997 c 183 § 12; 1996
c 104 § 15; 1969 ex.s. c 254 § 5; 1969 c 139 § 4; 1967 ex.s.
c 10 § 6.]
82.42.070 Imports, exports, sales to United States
government exempted—Procedure—Sales to state or
political subdivisions not exempt—Refund procedures.
The provisions of RCW 82.42.020 requiring the payment of
an aircraft fuel excise tax on aircraft fuel shall not apply to
aircraft fuel imported into the state in interstate or foreign
commerce and intended to be sold while in interstate or
foreign commerce, nor to aircraft fuel exported from this
state, nor to aircraft fuel sold to the United States government or any agency thereof: PROVIDED, That exemptions
granted under this section shall be null and void unless full
conformance is made with the requisite administrative
procedure set forth for procuring such exemptions under
rules and regulations of the director promulgated under the
provisions of this chapter. Except as provided in RCW
82.42.030, nothing in this chapter shall be construed to
exempt the state or any political subdivision thereof from the
payment of the aircraft excise fuel tax provided in RCW
82.42.020. When setting up rules and regulations as provided for in RCW 82.42.040, the director shall provide for such
refund procedure as deemed necessary to carry out the
provisions of this chapter, and full compliance with such
provisions shall be essential before receipt of any refund
thereunder. [1982 1st ex.s. c 25 § 6; 1971 ex.s. c 156 § 4;
1967 ex.s. c 10 § 7.]
Severability—Effective date—1982 1st ex.s. c 25: See notes
following RCW 82.42.010.
82.42.080 Violations—Penalty. Any person violating
any provision of this chapter or any rule or regulation of the
director promulgated hereunder, or making any false statement, or concealing any material fact in any report, statement, record or claim, or who commits any act with intent
to avoid payment of the aircraft fuel excise tax imposed by
this chapter, or who conspires with another person with
intent to interfere with the orderly collection of such tax due
and owing under this chapter, is guilty of a gross misdemeanor. [1996 c 104 § 16; 1982 1st ex.s. c 25 § 7; 1967
ex.s. c 10 § 8.]
Severability—Effective date—1982 1st ex.s. c 25: See notes
following RCW 82.42.010.
82.42.090 Tax proceeds—Disposition—Aeronautics
account. All moneys collected by the director from the
aircraft fuel excise tax as provided in RCW 82.42.020 shall
be transmitted to the state treasurer and shall be credited to
the aeronautics account hereby created in the transportation
fund of the state treasury. Moneys collected from the
consumer or user of aircraft fuel from either the use tax
imposed by RCW 82.12.020 or the retail sales tax imposed
[Title 82 RCW—page 228]
by RCW 82.08.020 shall be transmitted to the state treasurer
and credited to the state general fund. [1995 c 170 § 1;
1991 sp.s. c 13 § 37; 1985 c 57 § 86; 1982 1st ex.s. c 25 §
8; 1967 ex.s. c 10 § 9.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Severability—Effective date—1982 1st ex.s. c 25: See notes
following RCW 82.42.010.
82.42.100 Enforcement. The director is charged with
the enforcement of the provisions of this chapter and rules
and regulations promulgated hereunder. The director may,
in his discretion, call on the state patrol or any peace officer
in the state, who shall then aid in the enforcement of this
chapter or any rules or regulations promulgated hereunder.
[1967 ex.s. c 10 § 10.]
82.42.110 Tax upon persons other than distributors—Imposition—Collection—Distribution—
Enforcement. Every person other than a distributor who
acquires any aircraft fuel within this state upon which
payment of tax is required under the provisions of this
chapter, or imports such aircraft fuel into this state and sells,
delivers, or in any manner uses it in this state shall, if the
tax has not been paid, be subject to the provisions of RCW
82.42.040 provided for distributors and shall pay a tax at the
rate computed under RCW 82.42.025 for each gallon thereof
so sold, delivered, or used in the manner provided for
distributors. The proceeds of the tax imposed by this section
shall be distributed in the manner provided for the distribution of the aircraft fuel tax in RCW 82.42.090. For failure
to comply with the terms of this chapter, such person shall
be subject to the same penalties imposed upon distributors.
The director shall pursue against such persons the same
procedure and remedies for audits, adjustments, collection,
and enforcement of this chapter as is provided with respect
to distributors. Nothing herein shall be construed as classifying such persons as distributors. [1982 1st ex.s. c 25 § 9;
1971 ex.s. c 156 § 5.]
Severability—Effective date—1982 1st ex.s. c 25: See notes
following RCW 82.42.010.
82.42.120 Mitigation of assessments. Except in the
case of violations of filing a false or fraudulent report, if the
department deems mitigation of penalties and interest to be
reasonable and in the best interests of carrying out the
purpose of this chapter, it may mitigate such assessments
upon whatever terms the department deems proper, giving
consideration to the degree and extent of the lack of records
and reporting errors. The department may ascertain the facts
regarding recordkeeping and payment penalties in lieu of
more elaborate proceedings under this chapter. [1991 c 339
§ 8.]
82.42.125 Bankruptcy proceedings—Notice. An
aircraft fuel licensee, who files or against whom is filed a
petition in bankruptcy, shall, within ten days of the filing,
notify the department of the proceedings in bankruptcy,
including the identity and location of the court in which the
proceedings are pending. [1997 c 183 § 11.]
(2002 Ed.)
Aircraft Fuel Tax
82.42.900 Severability—1967 ex.s. c 10. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1967 ex.s. c 10 § 11.]
Chapter 82.44
MOTOR VEHICLE EXCISE TAX
Sections
82.44.010
82.44.015
Definitions.
Ride-sharing passenger motor vehicles excluded—Notice—
Liability for tax.
82.44.022 Credit on personal-use motor vehicle.
82.44.023 Exemption—Rental cars—Alteration of license plate month
and year tabs—Rules—Taxes upon sale.
82.44.025 Exemption—Vehicles of Taipei Economic and Cultural
Office.
82.44.041 Valuation of vehicles.
82.44.060 Payment of tax based on registration year—Transfer of
ownership.
82.44.065 Appeal of valuation.
82.44.080 Tax additional.
82.44.090 Penalty for issuing plates without collecting tax.
82.44.100 Tax receipt.
82.44.110 Disposition of revenue.
82.44.120 Refunds, collections of erroneous amounts—Claims—False
statement, penalty.
82.44.130 Ad valorem taxation barred.
82.44.140 Director of licensing may act.
82.44.150 Apportionment and distribution of motor vehicle excise
taxes generally.
82.44.155 City police and fire protection assistance account—
Distribution to cities and towns—Apportionment.
82.44.157 Transfer of funds pursuant to government service agreement.
82.44.160 Distribution to municipal research council.
82.44.170 Computation of excise taxes when commingled with licensing fees.
82.44.180 Transportation fund—Deposits and distributions.
82.44.190 Transportation infrastructure account—Deposits and distributions—Subaccounts.
82.44.195 Transportation infrastructure account—Highway infrastructure account—Finding—Intent—Purpose—1996 c 262.
82.44.900 Severability—Construction—1961 c 15.
Boat trailer fee: RCW 46.16.670.
Constitutional limitations on certain taxes, highway funds: State Constitution Art. 2 § 40.
Highway user tax structure: Chapter 46.85 RCW.
Nonresident members of armed forces, exemption from motor vehicle excise
tax: RCW 46.16.480.
Reciprocal or proportional registration of vehicles: Chapter 46.85 RCW.
"Registration year," defined—"Last day of the month," defined: RCW
46.16.006.
82.44.010 Definitions. For the purposes of this
chapter, unless [the] context otherwise requires:
(1) "Department" means the department of licensing.
(2) "Motor vehicle" means all motor vehicles, trailers
and semitrailers used, or of the type designed primarily to be
used, upon the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for
hire or otherwise, of persons or property, including fixed
loads and facilities for human habitation; but shall not
include (a) vehicles carrying exempt licenses, (b) dock and
warehouse tractors and their cars or trailers, lumber carriers
of the type known as spiders, and all other automotive
equipment not designed primarily for use upon public streets,
(2002 Ed.)
82.42.900
or highways, (c) motor vehicles or their trailers used entirely
upon private property, (d) mobile homes and travel trailers
as defined in RCW 82.50.010, or (e) motor vehicles owned
by nonresident military personnel of the armed forces of the
United States stationed in the state of Washington provided
personnel were also nonresident at the time of their entry
into military service.
(3) "Truck-type power or trailing unit" means any
vehicle that is subject to the fees under RCW 46.16.070
except vehicles with an unladen weight of six thousand
pounds or less, RCW 46.16.079, *46.16.080, 46.16.085, or
46.16.090. [1990 c 42 § 301; 1979 c 107 § 10; 1971 ex.s.
c 299 § 54; 1967 c 121 § 4; 1963 c 199 § 1; 1961 c 15 §
82.44.010. Prior: 1957 c 269 § 18; 1955 c 264 § 1; 1945
c 152 § 1; 1943 c 144 § 1; Rem. Supp. 1945 § 6312-115.]
Reviser’s note: (1) Restored to the RCW November 1, 2000, under
the Washington Supreme Court decision in Amalgamated Transit Union
Local 587 et al v. The State of Washington, 142 Wash.2d 183 (2000), which
declared Initiative Measure No. 695 (2000 c 1) unconstitutional in its
entirety.
*(2) RCW 46.16.080 was repealed by 1994 c 262 § 28, effective July
1, 1994.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
82.44.015 Ride-sharing passenger motor vehicles
excluded—Notice—Liability for tax. For the purposes of
this chapter, in addition to the exclusions under RCW
82.44.010, "motor vehicle" shall not include passenger motor
vehicles used primarily for commuter ride sharing and ride
sharing for persons with special transportation needs, as
defined in RCW 46.74.010. The registered owner of one of
these vehicles shall notify the department of licensing upon
termination of primary use of the vehicle in commuter ride
sharing or ride sharing for persons with special transportation
needs and shall be liable for the tax imposed by this chapter,
prorated on the remaining months for which the vehicle is
licensed.
To qualify for the tax exemption, those passenger motor
vehicles with five or six passengers, including the driver,
used for commuter ride-sharing, must be operated either
within the state’s eight largest counties that are required to
develop commute trip reduction plans as directed by chapter
70.94 RCW or in other counties, or cities and towns within
those counties, that elect to adopt and implement a commute
trip reduction plan. Additionally at least one of the following conditions must apply: (1) The vehicle must be operated
by a public transportation agency for the general public; or
(2) the vehicle must be used by a major employer, as
defined in RCW 70.94.524 as an element of its commute trip
reduction program for their employees; or (3) the vehicle
must be owned and operated by individual employees and
must be registered either with the employer as part of its
commute trip reduction program or with a public transportation agency serving the area where the employees live or
work. Individual employee owned and operated motor
vehicles will require certification that the vehicle is registered with a major employer or a public transportation
agency. Major employers who own and operate motor
vehicles for their employees must certify that the commuter
ride-sharing arrangement conforms to a carpool/vanpool
[Title 82 RCW—page 229]
82.44.015
Title 82 RCW: Excise Taxes
element contained within their commute trip reduction
program. [1996 c 244 § 7; 1993 c 488 § 3; 1982 c 142 § 1;
1980 c 166 § 3.]
Reviser’s note: See note following RCW 82.44.010.
Finding—Annual recertification rule—Report—1993 c 488: See
notes following RCW 82.08.0287.
Severability—1980 c 166: See note following RCW 82.08.0287.
Ride-sharing vehicles—Special plates: RCW 46.16.023.
82.44.022 Credit on personal-use motor vehicle. (1)
Beginning with motor vehicle registrations that are due or
become due in July 1999, a credit is authorized against the
tax imposed under RCW 82.44.020(1) on each personal-use
motor vehicle equal to the lesser of the tax otherwise due
under RCW 82.44.020(1) or thirty dollars.
(2) For the purposes of this section, "personal-use motor
vehicle" means a vehicle registered to a private individual,
not owned by a business, and designated in one of the
following use classes: (a) Passenger; (b) truck with a weight
not to exceed six thousand pounds; or (c) motorcycle. [1998
c 321 § 2 (Referendum Bill No. 49, approved November 3,
1998).]
Reviser’s note: See note following RCW 82.44.010.
Purpose—Severability—1998 c 321: See notes following RCW
82.44.110.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.44.110.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 82.50.410.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.44.110.
82.44.023 Exemption—Rental cars—Alteration of
license plate month and year tabs—Rules—Taxes upon
sale. Rental cars as defined in RCW 46.04.465 are exempt
from the taxes imposed in RCW 82.44.020(1). When a
rental car ceases to be used for rental car purposes the year
and month tabs on the license plates shall be altered by the
rental car company in such a manner as to render the plate
void of any designation of month and year. The department
of licensing shall, by rule, set forth the process of alteration
and shall provide at no cost to the rental car company, any
materials necessary to render the plate void of any designation of the month and year tabs. At the time of retail sale,
motor vehicle excise tax and applicable licensing fees will be
collected for a full twelve months. [1998 c 321 § 38
(Referendum Bill No. 49, approved November 3, 1998);
1998 c 145 § 1; 1994 c 227 § 3; 1992 c 194 § 8.]
Reviser’s note: (1) See note following RCW 82.44.010.
(2) This section was amended by 1998 c 145 § 1 and by 1998 c 321
§ 38, each without reference to the other. Both amendments are incorporated in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Purpose—Severability—1998 c 321: See notes following RCW
82.44.110.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 82.50.410.
Effective date—1998 c 145: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 25, 1998]." [1998 c 145 § 3.]
Legislative intent—1992 c 194: See note following RCW 82.08.020.
Effective dates—1992 c 194: See note following RCW 46.04.466.
[Title 82 RCW—page 230]
Estimate of lost revenue: RCW 82.08.0201.
82.44.025 Exemption—Vehicles of Taipei Economic
and Cultural Office. Motor vehicles licensed under RCW
46.16.374 are exempt from the tax imposed in RCW
82.44.020(1). When the motor vehicle ceases to be used for
the purposes of RCW 46.16.374 or at the time of its retail
sale, the excise tax imposed in RCW 82.44.020(1) must be
imposed for twelve full months from the date of application
of the new owner. [1998 c 321 § 39 (Referendum Bill No.
49, approved November 3, 1998); 1996 c 139 § 3.]
Reviser’s note: See note following RCW 82.44.010.
Purpose—Severability—1998 c 321: See notes following RCW
82.44.110.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 82.50.410.
82.44.041 Valuation of vehicles. (1) For the purpose
of determining the tax under this chapter, the value of a
truck-type power or trailing unit shall be the latest purchase
price of the vehicle, excluding applicable federal excise
taxes, state and local sales or use taxes, transportation or
shipping costs, or preparatory or delivery costs, multiplied by
the following percentage based on year of service of the
vehicle since last sale. The latest purchase year shall be
considered the first year of service.
YEAR OF SERVICE
1
2
3
4
5
6
7
8
9
10
11
12
13 or older
PERCENTAGE
100
90
83
75
67
59
52
44
36
28
21
13
10
(2) The reissuance of title and registration for a trucktype power or trailing unit because of the installation of
body or special equipment shall be treated as a sale, and the
value of the truck-type power or trailing unit at that time, as
determined by the department from such information as may
be available, shall be considered the latest purchase price.
(3) For the purpose of determining the tax under this
chapter, the value of a motor vehicle other than a truck-type
power or trailing unit shall be the manufacturer’s base
suggested retail price of the vehicle when first offered for
sale as a new vehicle, excluding any optional equipment,
applicable federal excise taxes, state and local sales or use
taxes, transportation or shipping costs, or preparatory or
delivery costs, multiplied by the applicable percentage listed
in this subsection based on year of service of the vehicle.
If the manufacturer’s base suggested retail price is
unavailable or otherwise unascertainable at the time of initial
registration in this state, the department shall determine a
value equivalent to a manufacturer’s base suggested retail
price as follows:
(2002 Ed.)
Motor Vehicle Excise Tax
(a) The department shall determine a value using any
information that may be available, including any guidebook,
report, or compendium of recognized standing in the
automotive industry or the selling price and year of sale of
the vehicle. The department may use an appraisal by the
county assessor. In valuing a vehicle for which the current
value or selling price is not indicative of the value of similar
vehicles of the same year and model, the department shall
establish a value that more closely represents the average
value of similar vehicles of the same year and model.
(b) The value determined in (a) of this subsection shall
be divided by the applicable percentage listed in this
subsection to establish a value equivalent to a manufacturer’s
base suggested retail price. The applicable percentage shall
be based on the year of service of the vehicle for which the
value is determined.
YEAR OF SERVICE
1
2
3
4
5
6
7
8
9
10
11
12
13 or older
PERCENTAGE
100
95
89
83
74
65
57
48
40
31
22
14
10
(4) For purposes of this chapter, value shall exclude
value attributable to modifications of a motor vehicle and
equipment that are designed to facilitate the use or operation
of the motor vehicle by a handicapped person. [1998 c 321
§ 4 (Referendum Bill No. 49, approved November 3, 1998);
1990 c 42 § 303.]
Reviser’s note: See note following RCW 82.44.010.
Purpose—Severability—1998 c 321: See notes following RCW
82.44.110.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.44.110.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 82.50.410.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.44.110.
Transitional valuation method and tax limitation—1990 c 42:
"Notwithstanding any other provision of this act, motor vehicles and travel
trailers and campers that are valued under the system in effect before
September 1, 1990, shall be valued by using the initial valuation of the
vehicle under chapter 82.44 or 82.50 RCW multiplied by the applicable
percentage under section 303 or 323 of this act [RCW 82.44.041 or
82.50.425]. Before December 1992 vehicle license expirations, no tax may
be imposed on any motor vehicle or travel trailer or camper that is greater
than one hundred ten percent of the tax imposed during the registration
period in effect before September 1, 1990." [1990 c 42 § 326.] For
codification of "this act" [1990 c 42], see Codification Tables, Volume 0.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
82.44.060 Payment of tax based on registration
year—Transfer of ownership. The excise tax hereby
imposed shall be due and payable to the department or its
agents at the time of registration of a motor vehicle.
(2002 Ed.)
82.44.041
Whenever an application is made to the department or its
agents for a license for a motor vehicle there shall be
collected, in addition to the amount of the license fee or
renewal license fee, the amount of the excise tax imposed by
this chapter, and no dealer’s license or license plates, and no
license or license plates for a motor vehicle shall be issued
unless such tax is paid in full. The excise tax hereby
imposed shall be collected for each registration year. The
excise tax upon a motor vehicle licensed for the first time in
this state shall be levied for one full registration year
commencing on the date of the calendar year designated by
the department and ending on the same date of the next
succeeding calendar year. For vehicles registered under
chapter 46.87 RCW, proportional registration, and for vehicle
dealer plates issued under chapter 46.70 RCW, the registration year is the period provided in those chapters: PROVIDED, That the tax shall in no case be less than two
dollars except for proportionally registered vehicles.
A motor vehicle shall be deemed licensed for the first
time in this state when such vehicle was not previously
licensed by this state for the registration year immediately
preceding the registration year in which the application for
license is made or when the vehicle has been registered in
another jurisdiction subsequent to any prior registration in
this state.
No additional tax shall be imposed under this chapter
upon any vehicle upon the transfer of ownership thereof if
the tax imposed with respect to such vehicle has already
been paid for the registration year or fraction of a registration year in which transfer of ownership occurs. [1990 c
42 § 304; 1981 c 222 § 12; 1979 c 158 § 233; 1975-’76 2nd
ex.s. c 54 § 2; 1975 1st ex.s. c 118 § 14; 1963 c 199 § 4;
1961 c 15 § 82.44.060. Prior: 1957 c 269 § 15; 1955 c 139
§ 25; 1943 c 144 § 6; Rem. Supp. 1943 § 6312-120; prior:
1937 c 228 § 5.]
Reviser’s note: See note following RCW 82.44.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective date—1975-’76 2nd ex.s. c 54: "This 1976 amendatory act
shall take effect on January 1, 1977." [1975-’76 2nd ex.s. c 54 § 3.]
Effective date—Severability—1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
82.44.065 Appeal of valuation. If the department
determines a value for a motor vehicle under RCW
82.44.041 equivalent to a manufacturer’s base suggested retail price or the value of a truck-type power or trailing unit
under RCW 82.44.041(2), any person who pays the tax
under this chapter for that vehicle may appeal the valuation
to the department under chapter 34.05 RCW. If the taxpayer
is successful on appeal, the department shall refund the
excess tax in the manner provided in RCW 82.44.120.
[1990 c 42 § 305.]
Reviser’s note: See note following RCW 82.44.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
82.44.080 Tax additional. The taxes imposed by this
chapter are in addition to all other licenses and taxes
otherwise imposed. [1961 c 15 § 82.44.080. Prior: 1943 c
144 § 7; Rem. Supp. 1943 § 6312-121; prior: 1937 c 228 §
6.]
[Title 82 RCW—page 231]
82.44.080
Title 82 RCW: Excise Taxes
Reviser’s note: See note following RCW 82.44.010.
82.44.090 Penalty for issuing plates without collecting tax. It shall be unlawful for the county auditor or any
other person to issue a dealer’s license or dealer’s license
plates or a license or identification plates with respect to any
motor vehicle without collecting, with the required license
fee, the amount of the excise tax due thereon under the
provisions of this chapter. Any violation of this section shall
constitute a gross misdemeanor. [1961 c 15 § 82.44.090.
Prior: 1943 c 144 § 8; Rem. Supp. 1943 § 6312-122; prior:
1937 c 228 § 7.]
Reviser’s note: See note following RCW 82.44.010.
82.44.100 Tax receipt. The county auditor shall give
to each person paying the excise tax a receipt therefor which
shall sufficiently designate and identify the vehicle with
respect to which the tax is paid. Such receipt may be
incorporated in the receipt given for the motor vehicle
license fee or dealer’s license fee paid. [1961 c 15 §
82.44.100. Prior: 1943 c 144 § 9; Rem. Supp. 1943 §
6312-123; prior: 1937 c 228 § 8.]
Reviser’s note: See note following RCW 82.44.010.
82.44.110 Disposition of revenue. The county auditor
shall regularly, when remitting license fee receipts, pay over
and account to the director of licensing for the excise taxes
collected under the provisions of this chapter. The director
shall forthwith transmit the excise taxes to the state treasurer.
(1) The state treasurer shall deposit the excise taxes
collected under RCW 82.44.020(1) as follows:
(a) 1.455 percent into the motor vehicle fund through
June 30, 1999, and 1.71 percent beginning July 1, 1999, to
defray administrative and other expenses incurred by the
department in the collection of the excise tax.
(b) 7.409 percent into the Puget Sound capital construction account in the motor vehicle fund through June 30,
1999, and 8.712 percent beginning July 1, 1999.
(c) 3.70 percent into the Puget Sound ferry operations
account in the motor vehicle fund through June 30, 1999,
and 4.351 percent beginning July 1, 1999.
(d) 5.345 percent into the city police and fire protection
assistance account under RCW 82.44.155 through June 30,
1999, and 6.286 percent beginning July 1, 1999.
(e) 4.318 percent into the municipal sales and use tax
equalization account created in RCW 82.14.210 through June
30, 1999, and 5.628 percent beginning July 1, 1999.
(f) 1.455 percent into the county sales and use tax
equalization account created in RCW 82.14.200 through June
30, 1999, and 1.71 percent beginning July 1, 1999.
(g) 13.573 percent into the general fund through June
30, 1999.
(h) 43.605 percent into the transportation fund created
in RCW 82.44.180 through June 30, 1999, and 51.203
percent beginning July 1, 1999.
(i) 5.426 percent into the county criminal justice
assistance account created in RCW 82.14.310 through June
30, 1999, and 3.892 percent beginning July 1, 1999.
(j) 1.085 percent into the municipal criminal justice
assistance account for distribution under RCW 82.14.320
[Title 82 RCW—page 232]
through June 30, 1999, and 0.778 percent beginning July 1,
1999.
(k) 1.085 percent into the municipal criminal justice
assistance account for distribution under RCW 82.14.330
through June 30, 1999, and 0.778 percent beginning July 1,
1999.
(l) 2.682 percent into the county public health account
created in RCW 70.05.125 through June 30, 1999, and 3.153
percent beginning July 1, 1999.
(m) 8.862 percent into the motor vehicle fund through
June 30, 1999, and 10.422 percent beginning July 1, 1999.
(n) 1.377 percent into the distressed county assistance
account under RCW 82.14.380 beginning July 1, 1999.
Notwithstanding (i) through (k) of this subsection, for
each fiscal year through fiscal year 1999, the amounts
deposited into the accounts specified in (i) through (k) of
this subsection shall not increase by more than the amounts
deposited into those accounts in the previous fiscal year
increased by the implicit price deflator for the previous fiscal
year. Any revenues in excess of this amount shall be
deposited into the violence reduction and drug enforcement
account.
(2) The state treasurer shall deposit the excise tax
imposed by RCW 82.44.020(2) into the air pollution control
account created by RCW 70.94.015. [1998 c 321 § 5
(Referendum Bill No. 49, approved November 3, 1998);
1997 c 338 § 68; 1997 c 149 § 911. Prior: 1995 1st sp.s.
c 15 § 2; 1995 c 398 § 14; prior: 1993 sp.s. c 21 § 7; 1993
c 492 § 253; 1993 c 491 § 1; 1991 c 199 § 221; 1990 2nd
ex.s. c 1 § 801; 1990 c 42 § 306; 1987 1st ex.s. c 9 § 7;
1982 1st ex.s. c 35 § 12; 1979 c 158 § 235; 1977 ex.s. c 332
§ 2; 1974 ex.s. c 54 § 3; 1967 c 121 § 1; 1961 c 15 §
82.44.110; prior: 1957 c 128 § 1; 1955 c 259 § 6; 1943 c
144 § 10; Rem. Supp. 1943 § 6312-124; prior: 1937 c 228
§ 9.]
Reviser’s note: See note following RCW 82.44.010.
Purpose—1998 c 321: "The purpose of this act is to reallocate the
general fund portion of the state’s motor vehicle excise tax revenues among
the taxpayers, local governments, and the state’s transportation programs.
By reallocating motor vehicle excise taxes, the state revenue portion can be
dedicated to increased transportation funding purposes. Since the general
fund currently has a budget surplus, due to a strong economy, the legislature
feels that this reallocation is an appropriate short-term solution to the state’s
transportation needs and is a first step in meeting longer-term transportation
funding needs. These reallocated funds must be used to provide relief from
traffic congestion, improve freight mobility, and increase traffic safety.
In reallocating general fund resources, the legislature also ensures that
other programs funded from the general fund are not adversely impacted by
the reallocation of surplus general fund revenues. The legislature also
adopts this act to continue the general fund revenue and expenditure
limitations contained in chapter 43.135 RCW after this one-time transfer of
funds.
In order to develop a long-term and comprehensive solution to the
state’s transportation problems, a joint committee will be created to study
the state’s transportation needs and the appropriate sources of revenue
necessary to implement the state’s long-term transportation needs as
provided in *section 22 of this act." [1998 c 321 § 1 (Referendum Bill No.
49, approved November 3, 1998).]
*Reviser’s note: Section 22 of this act was vetoed by the governor.
Severability—1998 c 321: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1998 c 321 § 45 (Referendum Bill No. 49, approved
November 3, 1998).]
(2002 Ed.)
Motor Vehicle Excise Tax
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: "(1)
Sections 1 through 3, 5 through 21, 44, and 45 of this act take effect
January 1, 1999.
(2) Section 4 of this act takes effect July 1, 1999, and applies to
registrations that are due or become due in July 1999, and thereafter."
[1998 c 321 § 46 (Referendum Bill No. 49, approved November 3, 1998).]
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: "The
secretary of state shall submit sections 1 through 21 and 44 through 46 of
this act to the people for their adoption and ratification, or rejection, at the
next general election to be held in this state, in accordance with Article II,
section 1 of the state Constitution and the laws adopted to facilitate its
operation." [1998 c 321 § 49 (Referendum Bill No. 49, approved November 3, 1998).]
Finding—Evaluation—Report—1997 c 338: See note following
RCW 13.40.0357.
Severability—Effective dates—1997 c 338: See notes following
RCW 5.60.060.
Severability—Effective date—1997 c 149: See notes following
RCW 43.08.250.
Effective date—1995 1st sp.s. c 15: See note following RCW
70.05.125.
Effective dates—1993 sp.s. c 21: See note following RCW
82.14.310.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Effective date—1993 c 491: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 30,
1993." [1993 c 491 § 3.]
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Effective dates—1990 2nd ex.s. c 1: See note following RCW
84.52.010.
Severability—1990 2nd ex.s. c 1: See note following RCW
82.14.300.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective date—1987 1st ex.s. c 9: See notes
following RCW 46.29.050.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Effective date—Severability—1977 ex.s. c 332: See notes following
RCW 82.44.020.
Effective dates—1974 ex.s. c 54: "Section 6 of this 1974 amendatory
act shall not take effect until June 30, 1981, and the remainder of this 1974
amendatory act is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing
public institutions, and shall take effect immediately." [1974 ex.s. c 54 §
13.]
Severability—1974 ex.s. c 54: "If any provision of this 1974
amendatory act, or its application to any person or circumstances is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 54 § 14.]
82.44.120 Refunds, collections of erroneous
amounts—Claims—False statement, penalty. Whenever
any person has paid a motor vehicle license fee, and together
therewith has paid an excise tax imposed under the provisions of this chapter, and the director determines that the
payor is entitled to a refund of the entire amount of the
license fee as provided by law, then the payor shall also be
entitled to a refund of the entire excise tax collected under
the provisions of this chapter. In case the director determines that any person is entitled to a refund of only a part
(2002 Ed.)
82.44.110
of the license fee so paid, the payor shall be entitled to a
refund of the difference, if any, between the excise tax
collected and that which should have been collected.
In case no claim is to be made for the refund of the
license fee or any part thereof, but claim is made by any
person that he or she has paid an erroneously excessive
amount of excise tax, the department shall determine in the
manner generally provided in this chapter the amount of
such excess, if any, that has been paid and shall certify to
the state treasurer that such person is entitled to a refund in
such amount.
In any case where due to error, a person has been
required to pay an excise tax pursuant to this chapter and a
vehicle license fee pursuant to Title 46 RCW which amounts
to an overpayment of ten dollars or more, such person shall
be entitled to a refund of the entire amount of such overpayment, regardless of whether or not a refund of the overpayment has been requested. Conversely, if due to error, the
department or its agents has failed to collect the full amount
of the license fee and excise tax due, which underpayment
is in the amount of ten dollars or more, the department shall
charge and collect such additional amount as will constitute
full payment of the tax.
Any claim for refund of an erroneously excessive
amount of excise tax or overpayment of excise tax with a
motor vehicle license fee must be filed with the director
within three years after the claimed erroneous payment was
made.
If the department approves the claim it shall notify the
state treasurer to that effect, and the treasurer shall make
such approved refunds from the general fund and shall mail
or deliver the same to the person entitled thereto.
Any person making any false statement under which he
or she obtains any amount of refund to which he or she is
not entitled under the provisions of this section is guilty of
a gross misdemeanor. [1993 c 307 § 3; 1990 c 42 § 307;
1989 c 68 § 2; 1983 c 26 § 3; 1979 c 120 § 2; 1975 1st
ex.s. c 278 § 95; 1974 ex.s. c 54 § 4; 1967 c 121 § 2; 1963
c 199 § 5; 1961 c 15 § 82.44.120. Prior: 1949 c 196 § 18;
1945 c 152 § 3; 1943 c 144 § 11; Rem. Supp. 1949 § 6312125.]
Reviser’s note: See note following RCW 82.44.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Severability—Effective dates—1974 ex.s. c 54: See notes following
RCW 82.44.110.
82.44.130 Ad valorem taxation barred. No motor
vehicle shall be listed and assessed for ad valorem taxation
so long as this chapter remains in effect. [1961 c 15 §
82.44.130. Prior: 1945 c 152 § 4, part; 1943 c 144 § 12,
part; Rem. Supp. 1945 § 6312-126, part; prior: 1937 c 228
§ 11.]
Reviser’s note: See note following RCW 82.44.010.
82.44.140 Director of licensing may act. Any duties
required by this chapter to be performed by the county
auditor may be performed by any other person designated by
the director of licensing and authorized by him to receive
[Title 82 RCW—page 233]
82.44.140
Title 82 RCW: Excise Taxes
motor vehicle license fees and issue receipt therefor. [1979
c 158 § 237; 1967 c 121 § 3; 1961 c 15 § 82.44.140. Prior:
1943 c 144 § 13; Rem. Supp. 1943 § 6312-127.]
Reviser’s note: See note following RCW 82.44.010.
82.44.150 Apportionment and distribution of motor
vehicle excise taxes generally. (1) The director of licensing
shall, on the twenty-fifth day of February, May, August, and
November of each year, advise the state treasurer of the total
amount of motor vehicle excise taxes imposed by *RCW
82.44.020(1) remitted to the department during the preceding
calendar quarter ending on the last day of March, June,
September, and December, respectively, except for those
payable under *RCW 82.44.030, from motor vehicle owners
residing within each municipality which has levied a tax
under **RCW 35.58.273, which amount of excise taxes shall
be determined by the director as follows:
The total amount of motor vehicle excise taxes remitted
to the department, except those payable under *RCW
82.44.020(2) and 82.44.030, from each county shall be
multiplied by a fraction, the numerator of which is the
population of the municipality residing in such county, and
the denominator of which is the total population of the
county in which such municipality or portion thereof is
located. The product of this computation shall be the
amount of excise taxes from motor vehicle owners residing
within such municipality or portion thereof. Where the
municipality levying a tax under **RCW 35.58.273 is
located in more than one county, the above computation
shall be made by county, and the combined products shall
provide the total amount of motor vehicle excise taxes from
motor vehicle owners residing in the municipality as a
whole. Population figures required for these computations
shall be supplied to the director by the office of financial
management, who shall adjust the fraction annually.
(2) On the first day of the months of January, April,
July, and October of each year, the state treasurer based
upon information provided by the department shall, from
motor vehicle excise taxes deposited in the transportation
fund under RCW 82.44.110, make the following deposits:
(a) To the high capacity transportation account created
in RCW 47.78.010, a sum equal to four and five-tenths
percent of the special excise tax levied under **RCW
35.58.273 by those municipalities authorized to levy a
special excise tax within each county that has a population
of one hundred seventy-five thousand or more and has an
interstate highway within its borders; except that in a case of
a municipality located in a county that has a population of
one hundred seventy-five thousand or more that does not
have an interstate highway located within its borders, that
sum shall be deposited in the passenger ferry account;
(b) To the public transportation systems account created
in RCW 82.44.180, for revenues distributed after June 30,
1999, within a county with a population of one million or
more and a county with a population of from two hundred
thousand to less than one million bordering a county with a
population of one million or more with which it shares a
border of more than five miles, a sum equal to 6.8688 percent of the special excise tax distributed under **RCW
35.58.273; and
[Title 82 RCW—page 234]
(c) To the public transportation systems account created
in RCW 82.44.180, for revenues distributed after June 30,
1999, within counties not described in (b) of this subsection,
a sum equal to 1.0534 percent of the special excise tax
levied and collected under **RCW 35.58.273.
(3) On the first day of the months of January, April,
July, and October of each year, the state treasurer, based
upon information provided by the department, shall remit
motor vehicle excise tax revenues imposed and collected
under **RCW 35.58.273 as follows:
(a) The amount required to be remitted by the state
treasurer to the treasurer of any municipality levying the tax
shall not exceed in any calendar year the amount of locallygenerated tax revenues, excluding (i) the excise tax imposed
under **RCW 35.58.273 for the purposes of this section,
which shall have been budgeted by the municipality to be
collected in such calendar year for any public transportation
purposes including but not limited to operating costs, capital
costs, and debt service on general obligation or revenue
bonds issued for these purposes; and (ii) the sales and use
tax equalization distributions provided under RCW
82.14.046; and
(b) In no event may the amount remitted in a single
calendar quarter exceed the amount collected on behalf of
the municipality under **RCW 35.58.273 during the
calendar quarter next preceding the immediately preceding
quarter, excluding the sales and use tax equalization distributions provided under RCW 82.14.046.
(4) At the close of each calendar year accounting period,
but not later than April 1, each municipality that has received motor vehicle excise taxes under subsection (3) of
this section shall transmit to the director of licensing and the
state auditor a written report showing by source the previous
year’s budgeted tax revenues for public transportation
purposes as compared to actual collections. Any municipality that has not submitted the report by April 1 shall cease to
be eligible to receive motor vehicle excise taxes under
subsection (3) of this section until the report is received by
the director of licensing. If a municipality has received
more or less money under subsection (3) of this section for
the period covered by the report than it is entitled to receive
by reason of its locally-generated collected tax revenues, the
director of licensing shall, during the next ensuing quarter
that the municipality is eligible to receive motor vehicle
excise tax funds, increase or decrease the amount to be
remitted in an amount equal to the difference between the
locally-generated budgeted tax revenues and the locallygenerated collected tax revenues. In no event may the
amount remitted for a calendar year exceed the amount
collected on behalf of the municipality under **RCW
35.58.273 during that same calendar year excluding the sales
and use tax equalization distributions provided under RCW
82.14.046. At the time of the next fiscal audit of each
municipality, the state auditor shall verify the accuracy of the
report submitted and notify the director of licensing of any
discrepancies.
(5) The motor vehicle excise taxes imposed under
**RCW 35.58.273 and required to be remitted under this
section and RCW 82.14.046 shall be remitted without
legislative appropriation.
(6) Any municipality levying and collecting a tax under
**RCW 35.58.273 which does not have an operating, public
(2002 Ed.)
Motor Vehicle Excise Tax
transit system or a contract for public transportation services
in effect within one year from the initial effective date of the
tax shall return to the state treasurer all motor vehicle excise
taxes received under subsection (3) of this section. [1999 c
94 § 30; 1998 c 321 § 6 (Referendum Bill No. 49, approved
November 3, 1998); 1995 2nd sp.s. c 14 § 538; 1994 c 241
§ 1; 1993 c 491 § 2. Prior: 1991 c 309 § 5; 1991 c 199 §
222; (1991 c 363 § 159 repealed by 1991 c 309 § 6); 1990
c 42 § 308; 1988 c 18 § 1; prior: 1987 1st ex.s. c 9 § 8;
1987 c 428 § 3; prior: 1982 1st ex.s. c 49 § 20; 1982 1st
ex.s. c 35 § 13; 1979 ex.s. c 175 § 4; 1979 c 158 § 238;
1974 ex.s. c 54 § 5; 1972 ex.s. c 87 § 1; prior: 1971 ex.s.
c 199 § 2; 1971 ex.s. c 80 § 1; 1969 ex.s. c 255 § 15; 1961
c 15 § 82.44.150; prior: 1957 c 175 § 12; 1945 c 152 § 5;
1943 c 144 § 14; Rem. Supp. 1945 § 6312-128.]
Reviser’s note: (1) See note following RCW 82.44.010.
*(2) RCW 82.44.020 and 82.44.030 were repealed by 2000 1st sp.s.
c 1 § 2.
**(3) RCW 35.58.273 was repealed by 2002 c 6 § 2.
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Effective dates—Application—1998 c 321 §§ 1-21, 44, and 45: See
note following RCW 82.14.045.
Referral to electorate—1998 c 321 §§ 1-21 and 44-46: See note
following RCW 82.14.045.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective date—1993 c 491: See note following RCW 82.44.110.
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Transitional distributions—1990 c 42: "Distributions under RCW
82.44.150 for excise taxes collected under RCW 35.58.273, before
September 1, 1990, shall be under the provisions of RCW 82.44.150 as it
existed before September 1, 1990." [1990 c 42 § 327.]
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective date—1987 1st ex.s. c 9: See notes
following RCW 46.29.050.
Effective date—1987 c 428: See note following RCW 47.78.010.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Effective date—1979 ex.s. c 175: "Section 4 of this act shall take
effect on January 1, 1980." [1979 ex.s. c 175 § 6.]
Severability—Effective dates—1974 ex.s. c 54: See notes following
RCW 82.44.110.
82.44.155 City police and fire protection assistance
account—Distribution to cities and towns—
Apportionment. The city police and fire protection assistance account is created in the state treasury. When distributions are made under RCW 82.44.150, the state treasurer
shall apportion and distribute the motor vehicle excise taxes
deposited into the city police and fire protection assistance
account under RCW 82.44.110 to the cities and towns
ratably on the basis of population as last determined by the
office of financial management. When so apportioned, the
amount payable to each such city and town shall be transmit(2002 Ed.)
82.44.150
ted to the city treasurer thereof, and shall be used by the city
or town for the purposes of police and fire protection in the
city or town, and not otherwise. If it is adjudged that
revenue derived from the excise tax imposed by RCW
82.44.020(1) cannot lawfully be apportioned or distributed to
cities or towns, all moneys directed by this section to be
apportioned and distributed to cities and towns shall be
credited and transferred to the state general fund. [1998 c
321 § 40 (Referendum Bill No. 49, approved November 3,
1998); 1993 c 492 § 254; 1991 c 199 § 223; 1990 c 42 §
309.]
Reviser’s note: See note following RCW 82.44.010.
Purpose—Severability—1998 c 321: See notes following RCW
82.44.110.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 82.50.410.
Findings—Intent—1993 c 492: See notes following RCW 43.20.050.
Short title—Severability—Savings—Captions not law—Reservation
of legislative power—Effective dates—1993 c 492: See RCW 43.72.910
through 43.72.915.
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
82.44.157 Transfer of funds pursuant to government service agreement. Funds that are distributed to cities
or towns pursuant to RCW 82.44.150 may be transferred by
the recipient city or town to another unit of local government
pursuant to a government service agreement as provided in
RCW 36.115.040 and 36.115.050. [1994 c 266 § 14.]
Reviser’s note: See note following RCW 82.44.010.
82.44.160 Distribution to municipal research
council. Before distributing moneys to the cities and towns
from the city police and fire protection assistance account,
as provided in RCW 82.44.155, and from the municipal sales
and use tax equalization account, as provided in RCW
82.14.210, the state treasurer shall, on the first day of July
of each year, make an annual deduction therefrom of a sum
equal to one-half of the biennial appropriation made pursuant
to this section, which amount shall be at least seven cents
per capita of the population of all cities or towns as legally
certified on that date, determined as provided in RCW
82.44.150, which sum shall be apportioned and transmitted
to the municipal research council, herein created. Sixty-five
percent of the annual deduction shall be from the distribution
to cities and towns under RCW 82.44.155, and thirty-five
percent of the annual deduction shall be from the distribution
to the municipal sales and use tax equalization account under
RCW 82.14.210. The municipal research council may
contract with and allocate moneys to any state agency,
educational institution, or private consulting firm, which in
its judgment is qualified to carry on a municipal research
and service program. Moneys may be utilized to match
federal funds available for technical research and service
programs to cities and towns. Moneys allocated shall be
used for studies and research in municipal government,
publications, educational, conferences, and attendance
thereat, and in furnishing technical, consultative, and field
services to cities and towns in problems relating to planning,
[Title 82 RCW—page 235]
82.44.160
Title 82 RCW: Excise Taxes
public health, municipal sanitation, fire protection, law
enforcement, postwar improvements, and public works, and
in all matters relating to city and town government. The
programs shall be carried on and all expenditures shall be
made in cooperation with the cities and towns of the state
acting through the Association of Washington Cities by its
board of directors which is hereby recognized as their
official agency or instrumentality.
Funds deducted under this section shall be deposited in
the treasury in the general fund, and shall be disbursed by
warrant or check to contracting parties on invoices or
vouchers certified by the chair of the municipal research
council or his or her designee. Payments to public agencies
may be made in advance of actual work contracted for, in
the discretion of the council.
Sixty-five percent of any moneys remaining unexpended
or uncontracted for by the municipal research council at the
end of any fiscal biennium shall be returned to the city
police and fire protection assistance account and be paid to
cities and towns under RCW 82.44.155. The remaining
thirty-five percent shall be deposited into the municipal sales
and use tax equalization account. [1999 c 309 § 931; 1995
c 28 § 1. Prior: 1990 c 104 § 3; 1990 c 42 § 310; 1974
ex.s. c 54 § 7; 1969 c 108 § 1; 1961 c 115 § 1; 1961 c 15
§ 82.44.160; prior: 1945 c 54 § 1; Rem. Supp. 1945 §
6312-128a.]
Reviser’s note: See note following RCW 82.44.010.
Effective dates—1999 c 309 §§ 927-929, 931, and 1101-1902: See
note following RCW 43.79.480.
Severability—1999 c 309: See note following RCW 41.06.152.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Severability—Effective dates—1974 ex.s. c 54: See notes following
RCW 82.44.110.
Severability—1969 c 108: "If any amendment or provision of this
1969 amendatory act, or its application to any person or circumstance is
held invalid, the remainder of this act, or the application of the amendment
or provision to other persons or circumstances is not affected." [1969 c 108
§ 3.]
Effective date—1969 c 108: "The effective date of this 1969
amendatory act is July 1, 1969." [1969 c 108 § 4.]
Municipal research council: Chapter 43.110 RCW.
82.44.170 Computation of excise taxes when
commingled with licensing fees. For each IRP jurisdiction
that cannot report to the director the sums of dollars that are
collected for the motor vehicle excise tax pursuant to chapter
82.44 RCW separately from other vehicle licensing fees
pursuant to RCW 46.16.070 and 46.16.085, the director shall
distribute thirty-three percent of the total fees collected as
reported on the IRP vehicle registration recap information
forwarded to the director by such jurisdiction pursuant to
RCW 82.44.110, until such time as such jurisdiction begins
reporting excise tax amounts separately from other vehicle
licensing fees. The remainder of the fees collected shall be
distributed in accordance with RCW 46.68.035. [1990 c 42
§ 311; 1987 c 244 § 56; 1985 c 380 § 22.]
Reviser’s note: See note following RCW 82.44.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
Effective dates—1987 c 244: See note following RCW 46.12.020.
Effective date—1986 c 18; 1985 c 380: See RCW 46.87.901.
[Title 82 RCW—page 236]
Severability—1985 c 380: See RCW 46.87.900.
82.44.180 Transportation fund—Deposits and
distributions. (1) The transportation fund is created in the
state treasury. Revenues under RCW 82.44.110 and
82.50.510 shall be deposited into the fund as provided in
those sections.
Moneys in the fund may be spent only after appropriation. Expenditures from the fund may be used only for
transportation purposes and activities and operations of the
Washington state patrol not directly related to the policing of
public highways and that are not authorized under Article II,
section 40 of the state Constitution.
(2) There is hereby created the public transportation
systems account within the transportation fund. Moneys
deposited into the account under RCW 82.44.150(2) (b) and
(c) shall be appropriated to the transportation improvement
board and allocated by the transportation improvement board
to public transportation projects submitted by the public
transportation systems as defined by chapters 36.56, 36.57,
and 36.57A RCW and RCW 35.84.060 and 81.112.030, and
the Washington state ferry system, solely for:
(a) Planning;
(b) Development of capital projects;
(c) Development of high capacity transportation systems
as defined in RCW 81.104.015;
(d) Development of high occupancy vehicle lanes and
related facilities as defined in RCW 81.100.020;
(e) Other public transportation system-related roadway
projects on state highways, county roads, or city streets;
(f) Public transportation system contributions required
to fund projects under federal programs and those approved
by the transportation improvement board from other fund
sources; and
(g) Reimbursement to the general fund of tax credits
authorized under *RCW 82.04.4453 and 82.16.048, subject
to appropriation. [1999 c 402 § 5; 1999 c 94 § 31; 1998 c
321 § 41 (Referendum Bill No. 49, approved November 3,
1998); 1995 c 269 § 2601. Prior: 1993 sp.s. c 23 § 64;
1993 c 393 § 1; 1991 c 199 § 224; 1990 c 42 § 312.]
Reviser’s note: *(1) RCW 82.04.4453 and 82.16.048 were repealed
by 2002 c 203 § 9, effective January 1, 2003.
(2) See note following RCW 82.44.010.
(3) This section was amended by 1999 c 94 § 31 and by 1999 c 402
§ 5, each without reference to the other. Both amendments are incorporated
in the publication of this section under RCW 1.12.025(2). For rule of
construction, see RCW 1.12.025(1).
Legislative finding—Effective dates—1999 c 94: See notes
following RCW 43.84.092.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Effective date—1995 c 269: See note following RCW 9.94A.850.
Part headings not law—Severability—1995 c 269: See notes
following RCW 13.40.005.
Effective dates—1993 sp.s. c 23: See note following RCW
43.89.010.
Effective date—1993 c 393: See RCW 47.66.900.
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
(2002 Ed.)
Motor Vehicle Excise Tax
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
82.44.190 Transportation infrastructure account—
Deposits and distributions—Subaccounts. The transportation infrastructure account is hereby created in the transportation fund. Public and private entities may deposit moneys
in the transportation infrastructure account from federal,
state, local, or private sources. Proceeds from bonds or
other financial instruments sold to finance surface transportation projects from the transportation infrastructure account
shall be deposited into the account. Principal and interest
payments made on loans from the transportation infrastructure account shall be deposited into the account. Moneys in
the account shall be available for purposes specified in RCW
82.44.195. Expenditures from the transportation infrastructure account shall be subject to appropriation by the legislature. To the extent required by federal law or regulations
promulgated by the United States secretary of transportation,
the state treasurer is authorized to create separate
subaccounts within the transportation infrastructure account.
[1996 c 262 § 2.]
Effective date—1996 c 262: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 29, 1996]." [1996 c 262 § 5.]
82.44.195 Transportation infrastructure account—
Highway infrastructure account—Finding—Intent—
Purpose—1996 c 262. The legislature finds that new
financing mechanisms are necessary to provide greater
flexibility and additional funds for needed transportation
infrastructure projects in the state. The creation of a
financing mechanism, like the one contained in section 350
of the national highway system designation act of 1995, P.L.
104-59, relating to a state infrastructure bank program, will
enable the state and local jurisdictions to use federal, state,
local, or private funds to construct surface transportation
projects for various modes of transportation. It is the intent
of the legislature that accounts be created in the state
treasury and dedicated funding sources be established to
generate revenue to support transportation projects financed
with the proceeds of bonds or other financial instruments
issued against this dedicated revenue and other revenues
which may be available to these accounts. P.L. 104-59
allows the deposit of certain federal highway and transit
funds into these accounts to leverage other forms of investment in transportation infrastructure by expanding the
eligible uses of the federal funds. Other public and private
entities may also deposit funds into these accounts to leverage transportation investments. The purpose of chapter 262,
Laws of 1996 is to provide, from these accounts, authorization for loans, grants, or other means of assistance, in
amounts equal to all or part of the cost, to public or private
entities building surface transportation facilities in this state.
It is the further intent of the legislature that projects representing critical mobility or economic development needs
and involving various transportation modes and jurisdictions
receive top priority in the use of these funds. Funds from
the accounts created in chapter 262, Laws of 1996 may be
used to support the issuance of public or private debt, to
provide credit enhancement for such debt, for direct loans to
(2002 Ed.)
82.44.180
public or private entities, or for other purposes necessary to
facilitate investment in surface transportation facilities in this
state. [1996 c 262 § 1.]
Effective date—1996 c 262: See note following RCW 82.44.190.
82.44.900 Severability—Construction—1961 c 15.
If any provision of this chapter relating either to the apportionment or allocation of the revenue derived from the excise
tax thereby imposed, or to any appropriation made by this
chapter, be adjudged unconstitutional, such adjudication shall
not be held to render unconstitutional or ineffectual the
remaining portions of said chapter or any part thereof:
PROVIDED, HOWEVER, That except as otherwise hereinabove provided by this section, if any section or part of a
section of this chapter be adjudged unconstitutional, this
entire chapter shall thereupon be and become inoperative and
of no force or effect whatsoever. [1961 c 15 § 82.44.900.
Prior: 1943 c 144 § 17; Rem. Supp. 1943 § 6312-131.]
Reviser’s note: See note following RCW 82.44.010.
Chapter 82.45
EXCISE TAX ON REAL ESTATE SALES
Sections
82.45.010
82.45.020
82.45.030
"Sale" defined.
"Seller" defined.
"Selling price," "total consideration paid or contracted to be
paid," defined.
82.45.032 Additional definitions.
82.45.033 "Controlling interest" defined.
82.45.035 Determining selling price of leases with option to purchase—Mining property—Payment, security when selling price not separately stated.
82.45.060 Tax on sale of property.
82.45.070 Tax is lien on property—Enforcement.
82.45.080 Tax is seller’s obligation—Choice of remedies.
82.45.090 Payment of tax and fee—Evidence of payment—
Recording—Sale of beneficial interest.
82.45.100 Tax payable at time of sale—Interest, penalties on unpaid or
delinquent taxes—Notice—Prohibition on certain assessments or refunds—Deposit of penalties.
82.45.105 Single family residential property, tax credit when subsequent transfer of within nine months for like property.
82.45.150 Applicability of general administrative provisions—
Departmental rules, scope—Real estate excise tax affidavit form—Departmental audit.
82.45.180 Disposition of proceeds—Support of common schools—
Local real estate excise tax account.
82.45.190 Exemptions—State route No. 16 corridor transportation
systems and facilities.
82.45.900 Chapter 82.46 RCW ordinances in effect on July 1, 1993—
Application under chapter 82.45 RCW.
Savings—Audits, assessments, and refunds—Disposition of certain
funds—1982 c 176; 1980 c 154: "Chapter 154, Laws of 1980 shall not be
construed as invalidating, abating, or otherwise affecting any existing right
acquired or any liability or obligation incurred under the provisions of the
statutes amended or repealed, nor any process, proceeding, or judgment
involving the assessment of any property or the levy or collection of any tax
thereunder, nor the validity of any certificate of delinquency, tax deed or
other instrument of sale or other proceeding thereunder, nor any criminal or
civil proceeding instituted thereunder, nor any rule, regulation or order
promulgated thereunder, nor any administrative action taken thereunder:
PROVIDED, That the department of revenue may conduct audits, make
assessments, and grant refunds under RCW 82.45.100 and 82.45.150 with
respect to any sale. Funds received by the county treasurer as payment of
a tax liability incurred under a statute repealed by chapter 154, Laws of
1980 shall be paid and accounted for as provided in RCW 82.45.180."
[1982 c 176 § 3; 1980 c 154 § 15.]
[Title 82 RCW—page 237]
Chapter 82.45
Title 82 RCW: Excise Taxes
Purpose—1980 c 154: "It is the intent of this 1980 act to simplify
the bookkeeping procedures for the state treasurer’s office and for the
school districts but not to impact the amount of revenues covered by this
1980 act to the various counties and other taxing districts." [1980 c 154 §
16.]
Effective dates—1980 c 154: "Sections 17, 18, and 19 of this act are
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately. The remainder of this act shall take
effect on September 1, 1981." [1980 c 154 § 20.]
Severability—1980 c 154: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1980 c 154 § 21.]
82.45.010 "Sale" defined. (1) As used in this
chapter, the term "sale" shall have its ordinary meaning and
shall include any conveyance, grant, assignment, quitclaim,
or transfer of the ownership of or title to real property, including standing timber, or any estate or interest therein for
a valuable consideration, and any contract for such conveyance, grant, assignment, quitclaim, or transfer, and any lease
with an option to purchase real property, including standing
timber, or any estate or interest therein or other contract
under which possession of the property is given to the purchaser, or any other person at the purchaser’s direction, and
title to the property is retained by the vendor as security for
the payment of the purchase price. The term also includes
the grant, assignment, quitclaim, sale, or transfer of improvements constructed upon leased land.
(2) The term "sale" also includes the transfer or acquisition within any twelve-month period of a controlling interest
in any entity with an interest in real property located in this
state for a valuable consideration. For purposes of this
subsection, all acquisitions of persons acting in concert shall
be aggregated for purposes of determining whether a transfer
or acquisition of a controlling interest has taken place. The
department of revenue shall adopt standards by rule to determine when persons are acting in concert. In adopting a rule
for this purpose, the department shall consider the following:
(a) Persons shall be treated as acting in concert when
they have a relationship with each other such that one person
influences or controls the actions of another through common ownership; and
(b) When persons are not commonly owned or controlled, they shall be treated as acting in concert only when
the unity with which the purchasers have negotiated and will
consummate the transfer of ownership interests supports a
finding that they are acting as a single entity. If the acquisitions are completely independent, with each purchaser
buying without regard to the identity of the other purchasers,
then the acquisitions shall be considered separate acquisitions.
(3) The term "sale" shall not include:
(a) A transfer by gift, devise, or inheritance.
(b) A transfer of any leasehold interest other than of the
type mentioned above.
(c) A cancellation or forfeiture of a vendee’s interest in
a contract for the sale of real property, whether or not such
contract contains a forfeiture clause, or deed in lieu of
foreclosure of a mortgage.
(d) The partition of property by tenants in common by
agreement or as the result of a court decree.
[Title 82 RCW—page 238]
(e) The assignment of property or interest in property
from one spouse to the other in accordance with the terms of
a decree of divorce or in fulfillment of a property settlement
agreement.
(f) The assignment or other transfer of a vendor’s
interest in a contract for the sale of real property, even
though accompanied by a conveyance of the vendor’s
interest in the real property involved.
(g) Transfers by appropriation or decree in condemnation proceedings brought by the United States, the state or
any political subdivision thereof, or a municipal corporation.
(h) A mortgage or other transfer of an interest in real
property merely to secure a debt, or the assignment thereof.
(i) Any transfer or conveyance made pursuant to a deed
of trust or an order of sale by the court in any mortgage,
deed of trust, or lien foreclosure proceeding or upon execution of a judgment, or deed in lieu of foreclosure to satisfy
a mortgage or deed of trust.
(j) A conveyance to the federal housing administration
or veterans administration by an authorized mortgagee made
pursuant to a contract of insurance or guaranty with the
federal housing administration or veterans administration.
(k) A transfer in compliance with the terms of any lease
or contract upon which the tax as imposed by this chapter
has been paid or where the lease or contract was entered into
prior to the date this tax was first imposed.
(l) The sale of any grave or lot in an established
cemetery.
(m) A sale by the United States, this state or any
political subdivision thereof, or a municipal corporation of
this state.
(n) A sale to a regional transit authority or public
corporation under RCW 81.112.320 under a sale/leaseback
agreement under RCW 81.112.300.
(o) A transfer of real property, however effected, if it
consists of a mere change in identity or form of ownership
of an entity where there is no change in the beneficial
ownership. These include transfers to a corporation or partnership which is wholly owned by the transferor and/or the
transferor’s spouse or children: PROVIDED, That if
thereafter such transferee corporation or partnership voluntarily transfers such real property, or such transferor, spouse,
or children voluntarily transfer stock in the transferee
corporation or interest in the transferee partnership capital,
as the case may be, to other than (1) the transferor and/or
the transferor’s spouse or children, (2) a trust having the
transferor and/or the transferor’s spouse or children as the
only beneficiaries at the time of the transfer to the trust, or
(3) a corporation or partnership wholly owned by the
original transferor and/or the transferor’s spouse or children,
within three years of the original transfer to which this
exemption applies, and the tax on the subsequent transfer has
not been paid within sixty days of becoming due, excise
taxes shall become due and payable on the original transfer
as otherwise provided by law.
(p)(i) A transfer that for federal income tax purposes
does not involve the recognition of gain or loss for entity
formation, liquidation or dissolution, and reorganization,
including but not limited to nonrecognition of gain or loss
because of application of section 332, 337, 351, 368(a)(1),
721, or 731 of the Internal Revenue Code of 1986, as
amended.
(2002 Ed.)
Excise Tax on Real Estate Sales
(ii) However, the transfer described in (p)(i) of this
subsection cannot be preceded or followed within a twelvemonth period by another transfer or series of transfers, that,
when combined with the otherwise exempt transfer or
transfers described in (p)(i) of this subsection, results in the
transfer of a controlling interest in the entity for valuable
consideration, and in which one or more persons previously
holding a controlling interest in the entity receive cash or
property in exchange for any interest the person or persons
acting in concert hold in the entity. This subsection
(3)(p)(ii) does not apply to that part of the transfer involving
property received that is the real property interest that the
person or persons originally contributed to the entity or when
one or more persons who did not contribute real property or
belong to the entity at a time when real property was purchased receive cash or personal property in exchange for that
person or persons’ interest in the entity. The real estate
excise tax under this subsection (3)(p)(ii) is imposed upon
the person or persons who previously held a controlling
interest in the entity. [2000 2nd sp.s. c 4 § 26; 1999 c 209
§ 2; 1993 sp.s. c 25 § 502; 1981 c 93 § 1; 1970 ex.s. c 65
§ 1; 1969 ex.s. c 223 § 28A.45.010. Prior: 1955 c 132 § 1;
1953 c 94 § 1; 1951 2nd ex.s. c 19 § 1; 1951 1st ex.s. c 11
§ 7. Formerly RCW 28A.45.010, 28.45.010.]
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
Intent—1999 c 209: "In chapter 25, Laws of 1993 sp. sess., the
legislature found that transfer of ownership of entities can be equivalent to
the sale of real property held by the entity. The legislature further found
that all transfers of possession or use of real property should be subject to
the same excise tax burdens.
The legislature intended to apply the real estate excise tax of chapter
82.45 RCW to transfers of entity ownership when the transfer of entity
ownership is comparable to the sale of real property. The legislature intends
to equate the excise tax burdens on all sales of real property and transfers
of entity ownership essentially equivalent to a sale of real property under
chapter 82.45 RCW." [1999 c 209 § 1.]
Findings—Intent—1993 sp.s. c 25: "(1) The legislature finds that
transfers of ownership of entities may be essentially equivalent to the sale
of real property held by the entity. The legislature further finds that all
transfers of possession or use of real property should be subject to the same
excise tax burdens.
(2) The legislature intends to apply the real estate excise tax of chapter
82.45 RCW to transfers of entity ownership when the transfer of entity
ownership is comparable to the sale of real property. The legislature intends
to equate the excise tax burdens on all sales of real property and transfers
of entity ownership essentially equivalent to a sale of real property under
chapter 82.45 RCW." [1993 sp.s. c 25 § 501.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Effective date—1981 c 93 § 2: "Section 2 of this act shall take effect
September 1, 1981." [1981 c 93 § 3.]
Effective date—Severability—1970 ex.s. c 65: See notes following
RCW 82.03.050.
82.45.020 "Seller" defined. As used in this chapter
the term "seller," unless otherwise indicated by the context,
shall mean any individual, receiver, assignee, trustee in
bankruptcy, trust, estate, firm, copartnership, joint venture,
club, company, joint stock company, business trust, municipal corporation, quasi municipal corporation, corporation,
association, society, or any group of individuals acting as a
unit, whether mutual, cooperative, fraternal, nonprofit or
otherwise; but it shall not include the United States or the
state of Washington. [1980 c 154 § 1; 1969 ex.s. c 223 §
(2002 Ed.)
82.45.010
28A.45.020. Prior: 1951 1st ex.s. c 11 § 6. Formerly
RCW 28A.45.020, 28.45.020.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter digest.
82.45.030 "Selling price," "total consideration paid
or contracted to be paid," defined. (1) As used in this
chapter, the term "selling price" means the true and fair
value of the property conveyed. If property has been conveyed in an arm’s length transaction between unrelated
persons for a valuable consideration, a rebuttable presumption exists that the selling price is equal to the total consideration paid or contracted to be paid to the transferor, or to
another for the transferor’s benefit.
(2) If the sale is a transfer of a controlling interest in an
entity with an interest in real property located in this state,
the selling price shall be the true and fair value of the real
property owned by the entity and located in this state. If the
true and fair value of the real property located in this state
cannot reasonably be determined, the selling price shall be
determined according to subsection (4) of this section.
(3) As used in this section, "total consideration paid or
contracted to be paid" includes money or anything of value,
paid or delivered or contracted to be paid or delivered in
return for the sale, and shall include the amount of any lien,
mortgage, contract indebtedness, or other incumbrance, either
given to secure the purchase price, or any part thereof, or
remaining unpaid on such property at the time of sale.
Total consideration shall not include the amount of any
outstanding lien or incumbrance in favor of the United
States, the state, or a municipal corporation for taxes, special
benefits, or improvements.
(4) If the total consideration for the sale cannot be
ascertained or the true and fair value of the property to be
valued at the time of the sale cannot reasonably be determined, the market value assessment for the property maintained on the county property tax rolls at the time of the sale
shall be used as the selling price. [1993 sp.s. c 25 § 503;
1969 ex.s. c 223 § 28A.45.030. Prior: 1951 2nd ex.s. c 19
§ 2; 1951 1st ex.s. c 11 § 8. Formerly RCW 28A.45.030,
28.45.030.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
82.45.032 Additional definitions. Unless the context
clearly requires otherwise, the definitions in this section
apply throughout this chapter.
(1) "Real estate" or "real property" means any interest,
estate, or beneficial interest in land or anything affixed to
land, including the ownership interest or beneficial interest
in any entity which itself owns land or anything affixed to
land. The term includes used mobile homes, used park
model trailers, used floating homes, and improvements
constructed upon leased land.
(2) "Used mobile home" means a mobile home which
has been previously sold at retail and has been subjected to
tax under chapter 82.08 RCW, or which has been previously
used and has been subjected to tax under chapter 82.12
RCW, and which has substantially lost its identity as a
mobile unit at the time of sale by virtue of its being fixed in
[Title 82 RCW—page 239]
82.45.032
Title 82 RCW: Excise Taxes
location upon land owned or leased by the owner of the mobile home and placed on a foundation (posts or blocks) with
fixed pipe connections with sewer, water, and other utilities.
(3) "Mobile home" means a mobile home as defined by
RCW 46.04.302, as now or hereafter amended.
(4) "Park model trailer" means a park model trailer as
defined in RCW 46.04.622.
(5) "Used floating home" means a floating home in
respect to which tax has been paid under chapter 82.08 or
82.12 RCW.
(6) "Used park model trailer" means a park model trailer
that has been previously sold at retail and has been subjected
to tax under chapter 82.08 RCW, or that has been previously
used and has been subjected to tax under chapter 82.12
RCW, and that has substantially lost its identity as a mobile
unit by virtue of its being permanently sited in location and
placed on a foundation of either posts or blocks with
connections with sewer, water, or other utilities for the
operation of installed fixtures and appliances.
(7) "Floating home" means a building on a float used in
whole or in part for human habitation as a single-family
dwelling, which is not designed for self propulsion by
mechanical means or for propulsion by means of wind, and
which is on the property tax rolls of the county in which it
is located. [2001 c 282 § 2; 1993 sp.s. c 25 § 504; 1986 c
211 § 1; 1984 c 192 § 1; 1979 ex.s. c 266 § 1. Formerly
RCW 28A.45.032.]
Intent—Effective date—2001 c 282: See notes following RCW
82.08.032.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
82.45.033 "Controlling interest" defined. As used
in this chapter, the term "controlling interest" has the
following meaning:
(1) In the case of a corporation, either fifty percent or
more of the total combined voting power of all classes of
stock of the corporation entitled to vote, or fifty percent of
the capital, profits, or beneficial interest in the voting stock
of the corporation; and
(2) In the case of a partnership, association, trust, or
other entity, fifty percent or more of the capital, profits, or
beneficial interest in such partnership, association, trust, or
other entity. [1993 sp.s. c 25 § 505.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
82.45.035 Determining selling price of leases with
option to purchase—Mining property—Payment, security
when selling price not separately stated. The state department of revenue shall provide by rule for the determination of the selling price in the case of leases with option to
purchase, and shall further provide that the tax shall not be
payable, where inequity will otherwise result, until and
unless the option is exercised and accepted. A conditional
sale of mining property in which the buyer has the right to
terminate the contract at any time, and a lease and option to
buy mining property in which the lessee-buyer has the right
[Title 82 RCW—page 240]
to terminate the lease and option at any time, shall be taxable at the time of execution only on the consideration
received by the seller or lessor for execution of such
contract, but the rule shall further provide that the tax due on
any additional consideration paid by the buyer and received
by the seller shall be paid to the county treasurer (1) at the
time of termination, or (2) at the time that all of the consideration due to the seller has been paid and the transaction is
completed except for the delivery of the deed to the buyer,
or (3) at the time when the buyer unequivocally exercises an
option to purchase the property, whichever of the three
events occurs first.
The term "mining property" means property containing
or believed to contain metallic minerals and sold or leased
under terms which require the purchaser or lessor to conduct
exploration or mining work thereon and for no other use.
The term "metallic minerals" does not include clays, coal,
sand and gravel, peat, gypsite, or stone, including limestone.
The state department of revenue shall further provide by
rule for cases where the selling price is not separately stated
or is not ascertainable at the time of sale, for the payment of
the tax at a time when the selling price is ascertained, in
which case suitable security may be required for payment of
the tax, and may further provide for the determination of the
selling price by an appraisal by the county assessor, based
on the full and true market value, which appraisal shall be
prima facie evidence of the selling price of the real property.
[1969 ex.s. c 223 § 28A.45.035. Prior: 1967 ex.s. c 149 §
1; 1959 c 208 § 1; 1951 2nd ex.s. c 19 § 3. Formerly RCW
28A.45.035, 28.45.035.]
82.45.060 Tax on sale of property. There is imposed
an excise tax upon each sale of real property at the rate of
one and twenty-eight one-hundredths percent of the selling
price. An amount equal to seven and seven-tenths percent
of the proceeds of this tax to the state treasurer shall be
deposited in the public works assistance account created in
RCW 43.155.050. [2000 c 103 § 15; 1987 c 472 § 14; 1983
2nd ex.s. c 3 § 20; 1982 1st ex.s. c 35 § 14; 1980 c 154 §
2; 1969 ex.s. c 223 § 28A.45.060. Prior: 1951 1st ex.s. c
11 § 5. Formerly RCW 28A.45.060, 28.45.060.]
Severability—1987 c 472: See RCW 79.71.900.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Severability—Effective dates—1982 1st ex.s. c 35: See notes
following RCW 82.08.020.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter digest.
82.45.070 Tax is lien on property—Enforcement.
The tax herein provided for and any interest or penalties
thereon shall be a specific lien upon each piece of real
property sold from the time of sale until the tax shall have
been paid, which lien may be enforced in the manner
prescribed for the foreclosure of mortgages. [1969 ex.s. c
223 § 28A.45.070. Prior: 1951 1st ex.s. c 11 § 9. Formerly RCW 28A.45.070, 28.45.070.]
82.45.080 Tax is seller’s obligation—Choice of
remedies. The tax levied under this chapter shall be the
obligation of the seller and the department of revenue may,
(2002 Ed.)
Excise Tax on Real Estate Sales
at the department’s option, enforce the obligation through an
action of debt against the seller or the department may
proceed in the manner prescribed for the foreclosure of
mortgages and resort to one course of enforcement shall not
be an election not to pursue the other. [1980 c 154 § 3;
1969 ex.s. c 223 § 28A.45.080. Prior: 1951 1st ex.s. c 11
§ 10. Formerly RCW 28A.45.080, 28.45.080.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter digest.
82.45.090 Payment of tax and fee—Evidence of
payment—Recording—Sale of beneficial interest. (1)
Except for a sale of a beneficial interest in real property
where no instrument evidencing the sale is recorded in the
official real property records of the county in which the
property is located, the tax imposed by this chapter shall be
paid to and collected by the treasurer of the county within
which is located the real property which was sold. In
collecting the tax the treasurer shall act as agent for the
state. The county treasurer shall cause a stamp evidencing
satisfaction of the lien to be affixed to the instrument of sale
or conveyance prior to its recording or to the real estate
excise tax affidavit in the case of used mobile home sales
and used floating home sales. A receipt issued by the
county treasurer for the payment of the tax imposed under
this chapter shall be evidence of the satisfaction of the lien
imposed hereunder and may be recorded in the manner
prescribed for recording satisfactions of mortgages. No
instrument of sale or conveyance evidencing a sale subject
to the tax shall be accepted by the county auditor for filing
or recording until the tax shall have been paid and the stamp
affixed thereto; in case the tax is not due on the transfer, the
instrument shall not be so accepted until suitable notation of
such fact has been made on the instrument by the treasurer.
(2) For a sale of a beneficial interest in real property
where a tax is due under this chapter and where no instrument is recorded in the official real property records of the
county in which the property is located, the sale shall be reported to the department of revenue within five days from
the date of the sale on such returns or forms and according
to such procedures as the department may prescribe. Such
forms or returns shall be signed by both the transferor and
the transferee and shall be accompanied by payment of the
tax due. Any person who intentionally makes a false
statement on any return or form required to be filed with the
department under this chapter shall be guilty of perjury.
[1993 sp.s. c 25 § 506; 1991 c 327 § 6; 1990 c 171 § 7;
1984 c 192 § 2; 1980 c 154 § 4; 1979 ex.s. c 266 § 2; 1969
ex.s. c 223 § 28A.45.090. Prior: 1951 2nd ex.s. c 19 § 4;
1951 1st ex.s. c 11 § 11. Formerly RCW 28A.45.090,
28.45.090.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Effective date—1990 c 171 §§ 6, 7, 8: "Sections 6, 7, and 8 of this
act shall take effect July 1, 1990." [1990 c 171 § 11.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter digest.
82.45.100 Tax payable at time of sale—Interest,
penalties on unpaid or delinquent taxes—Notice—
(2002 Ed.)
82.45.080
Prohibition on certain assessments or refunds—Deposit
of penalties. (1) Payment of the tax imposed under this
chapter is due and payable immediately at the time of sale,
and if not paid within one month thereafter shall bear interest from the time of sale until the date of payment.
(a) Interest imposed before January 1, 1999, shall be
computed at the rate of one percent per month.
(b) Interest imposed after December 31, 1998, shall be
computed on a monthly basis at the rate as computed under
RCW 82.32.050(2). The rate so computed shall be adjusted
on the first day of January of each year for use in computing
interest for that calendar year. The department of revenue
shall provide written notification to the county treasurers of
the variable rate on or before December 1 of the year
preceding the calendar year in which the rate applies.
(2) In addition to the interest described in subsection (1)
of this section, if the payment of any tax is not received by
the county treasurer or the department of revenue, as the
case may be, within one month of the date due, there shall
be assessed a penalty of five percent of the amount of the
tax; if the tax is not received within two months of the date
due, there shall be assessed a total penalty of ten percent of
the amount of the tax; and if the tax is not received within
three months of the date due, there shall be assessed a total
penalty of twenty percent of the amount of the tax. The
payment of the penalty described in this subsection shall be
collectible from the seller only, and RCW 82.45.070 does
not apply to the penalties described in this subsection.
(3) If the tax imposed under this chapter is not received
by the due date, the transferee shall be personally liable for
the tax, along with any interest as provided in subsection (1)
of this section, unless:
(a) An instrument evidencing the sale is recorded in the
official real property records of the county in which the
property conveyed is located; or
(b) Either the transferor or transferee notifies the
department of revenue in writing of the occurrence of the
sale within thirty days following the date of the sale.
(4) If upon examination of any affidavits or from other
information obtained by the department or its agents it
appears that all or a portion of the tax is unpaid, the department shall assess against the taxpayer the additional amount
found to be due plus interest and penalties as provided in
subsections (1) and (2) of this section. The department shall
notify the taxpayer by mail of the additional amount and the
same shall become due and shall be paid within thirty days
from the date of the notice, or within such further time as
the department may provide.
(5) No assessment or refund may be made by the
department more than four years after the date of sale except
upon a showing of:
(a) Fraud or misrepresentation of a material fact by the
taxpayer;
(b) A failure by the taxpayer to record documentation of
a sale or otherwise report the sale to the county treasurer; or
(c) A failure of the transferor or transferee to report the
sale under RCW 82.45.090(2).
(6) Penalties collected on taxes due under this chapter
under subsection (2) of this section and RCW 82.32.090 (2)
through (6) shall be deposited in the housing trust fund as
described in chapter 43.185 RCW. [1997 c 157 § 4; 1996
[Title 82 RCW—page 241]
82.45.100
Title 82 RCW: Excise Taxes
c 149 § 5; 1993 sp.s. c 25 § 507; 1988 c 286 § 5; 1982 c
176 § 1; 1981 c 167 § 2.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Audits, assessments, and refunds—1982 c 176: See note following
chapter digest.
Effective date—1981 c 167: See note following RCW 82.45.150.
82.45.105 Single family residential property, tax
credit when subsequent transfer of within nine months
for like property. Where single family residential property
is being transferred as the entire or part consideration for the
purchase of other single family residential property and a
licensed real estate broker or one of the parties to the
transaction accepts transfer of said property, a credit for the
amount of the tax paid at the time of the transfer to the
broker or party shall be allowed toward the amount of the
tax due upon a subsequent transfer of the property by the
broker or party if said transfer is made within nine months
of the transfer to the broker or party: PROVIDED, That if
the tax which would be due on the subsequent transfer from
the broker or party is greater than the tax paid for the prior
transfer to said broker or party the difference shall be paid,
but if the tax initially paid is greater than the amount of the
tax which would be due on the subsequent transfer no refund
shall be allowed. [1969 ex.s. c 223 § 28A.45.105. Prior:
1967 ex.s. c 149 § 61. Formerly RCW 28A.45.105,
28.45.105.]
82.45.150 Applicability of general administrative
provisions—Departmental rules, scope—Real estate excise
tax affidavit form—Departmental audit. All of chapter
82.32 RCW, except RCW 82.32.030, 82.32.050, 82.32.140,
82.32.270, and 82.32.090 (1) and (8), applies to the tax
imposed by this chapter, in addition to any other provisions
of law for the payment and enforcement of the tax imposed
by this chapter. The department of revenue shall by rule
provide for the effective administration of this chapter. The
rules shall prescribe and furnish a real estate excise tax
affidavit form verified by both the seller and the buyer, or
agents of each, to be used by each county, or the department, as the case may be, in the collection of the tax
imposed by this chapter, except that an affidavit given in
connection with grant of an easement or right of way to a
gas, electrical, or telecommunications company, as defined
in RCW 80.04.010, or to a public utility district or cooperative that distributes electricity, need be verified only on
behalf of the company, district, or cooperative. The department of revenue shall annually conduct audits of transactions
and affidavits filed under this chapter. [1996 c 149 § 6;
1994 c 137 § 1; 1993 sp.s. c 25 § 509; 1981 c 167 § 1; 1980
c 154 § 5.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—1993 sp.s. c 25: See note following RCW 82.45.010.
[Title 82 RCW—page 242]
Effective date—1981 c 167: "This act shall take effect September 1,
1981." [1981 c 167 § 4.]
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter digest.
Audits, assessments, and refunds: See note following chapter digest.
82.45.180 Disposition of proceeds—Support of
common schools—Local real estate excise tax account.
(1) For taxes collected by the county under this chapter, the
county treasurer shall collect a two-dollar fee on all transactions required by this chapter where the transaction does not
require the payment of tax. A total of two dollars shall be
collected in the form of a tax and fee, where the calculated
tax payment is less than two dollars. The county treasurer
shall place one percent of the proceeds of the tax imposed
by this chapter and the treasurer’s fee in the county current
expense fund to defray costs of collection and shall pay over
to the state treasurer and account to the department of
revenue for the remainder of the proceeds at the same time
the county treasurer remits funds to the state under RCW
84.56.280. The state treasurer shall deposit the proceeds in
the general fund for the support of the common schools.
(2) For taxes collected by the department of revenue
under this chapter, the department shall remit the tax to the
state treasurer who shall deposit the proceeds of any state tax
in the general fund for the support of the common schools.
The state treasurer shall deposit the proceeds of any local
taxes imposed under chapter 82.46 RCW in the local real
estate excise tax account hereby created in the state treasury.
Moneys in the local real estate excise tax account may be
spent only for distribution to counties, cities, and towns
imposing a tax under chapter 82.46 RCW. Except as
provided in RCW 43.08.190, all earnings of investments of
balances in the local real estate excise tax account shall be
credited to the local real estate excise tax account and
distributed to the counties, cities, and towns monthly.
Monthly the state treasurer shall make distribution from the
local real estate excise tax account to the counties, cities, and
towns the amount of tax collected on behalf of each taxing
authority. The state treasurer shall make the distribution
under this subsection without appropriation. [1998 c 106 §
11; 1993 sp.s. c 25 § 510; 1991 c 245 § 15; 1982 c 176 § 2;
1981 c 167 § 3; 1980 c 154 § 6.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
Audits, assessments, and refunds—1982 c 176: See note following
chapter digest.
Effective date—1981 c 167: See note following RCW 82.45.150.
Purpose—Effective dates—Savings—Disposition of certain funds—
Severability—1980 c 154: See notes following chapter digest.
82.45.190 Exemptions—State route No. 16 corridor
transportation systems and facilities. Sales of the state
route number 16 corridor transportation systems and facilities
constructed under chapter 47.46 RCW are exempt from tax
under this chapter. [1998 c 179 § 7.]
Finding—1998 c 179: See note following RCW 35.21.718.
(2002 Ed.)
Excise Tax on Real Estate Sales
82.45.900 Chapter 82.46 RCW ordinances in effect
on July 1, 1993—Application under chapter 82.45 RCW.
See RCW 82.46.900.
Chapter 82.46
COUNTIES AND CITIES—EXCISE TAX
ON REAL ESTATE SALES
Sections
82.46.010
82.46.021
82.46.030
82.46.035
82.46.040
82.46.050
82.46.060
82.46.070
82.46.075
82.46.080
82.46.900
Tax on sale of real property authorized—Proceeds dedicated
to local capital projects—Additional tax authorized—
Maximum rates.
Referendum procedure to repeal or alter tax.
Distribution of proceeds.
Additional tax—Certain counties and cities—Ballot proposition—Use limited to capital projects—Temporary rescindment for noncompliance.
Tax is lien on property—Enforcement.
Tax is seller’s obligation—Choice of remedies.
Payment of tax—Evidence of payment—Recording.
Additional excise tax—Acquisition and maintenance of
conservation areas.
Additional excise tax—Affordable housing.
Notice to county treasurer.
Chapter 82.46 RCW ordinances in effect on July 1, 1993—
Application under chapter 82.45 RCW.
82.46.010 Tax on sale of real property authorized—
Proceeds dedicated to local capital projects—Additional
tax authorized—Maximum rates. (1) The legislative
authority of any county or city shall identify in the adopted
budget the capital projects funded in whole or in part from
the proceeds of the tax authorized in this section, and shall
indicate that such tax is intended to be in addition to other
funds that may be reasonably available for such capital
projects.
(2) The legislative authority of any county or any city
may impose an excise tax on each sale of real property in
the unincorporated areas of the county for the county tax and
in the corporate limits of the city for the city tax at a rate
not exceeding one-quarter of one percent of the selling price.
The revenues from this tax shall be used by any city or
county with a population of five thousand or less and any
city or county that does not plan under RCW 36.70A.040 for
any capital purpose identified in a capital improvements plan
and local capital improvements, including those listed in
RCW 35.43.040.
After April 30, 1992, revenues generated from the tax
imposed under this subsection in counties over five thousand
population and cities over five thousand population that are
required or choose to plan under RCW 36.70A.040 shall be
used solely for financing capital projects specified in a
capital facilities plan element of a comprehensive plan and
housing relocation assistance under RCW 59.18.440 and
59.18.450. However, revenues (a) pledged by such counties
and cities to debt retirement prior to April 30, 1992, may
continue to be used for that purpose until the original debt
for which the revenues were pledged is retired, or (b)
committed prior to April 30, 1992, by such counties or cities
to a project may continue to be used for that purpose until
the project is completed.
(3) In lieu of imposing the tax authorized in RCW
82.14.030(2), the legislative authority of any county or any
city may impose an additional excise tax on each sale of real
(2002 Ed.)
82.45.900
property in the unincorporated areas of the county for the
county tax and in the corporate limits of the city for the city
tax at a rate not exceeding one-half of one percent of the
selling price.
(4) Taxes imposed under this section shall be collected
from persons who are taxable by the state under chapter
82.45 RCW upon the occurrence of any taxable event within
the unincorporated areas of the county or within the corporate limits of the city, as the case may be.
(5) Taxes imposed under this section shall comply with
all applicable rules, regulations, laws, and court decisions
regarding real estate excise taxes as imposed by the state
under chapter 82.45 RCW.
(6) As used in this section, "city" means any city or
town and "capital project" means those public works projects
of a local government for planning, acquisition, construction,
reconstruction, repair, replacement, rehabilitation, or improvement of streets; roads; highways; sidewalks; street and
road lighting systems; traffic signals; bridges; domestic water
systems; storm and sanitary sewer systems; parks; recreational facilities; law enforcement facilities; fire protection
facilities; trails; libraries; administrative and/or judicial
facilities; river and/or waterway flood control projects by
those jurisdictions that, prior to June 11, 1992, have expended funds derived from the tax authorized by this section for
such purposes; and, until December 31, 1995, housing
projects for those jurisdictions that, prior to June 11, 1992,
have expended or committed to expend funds derived from
the tax authorized by this section or the tax authorized by
RCW 82.46.035 for such purposes. [1994 c 272 § 1; 1992
c 221 § 1; 1990 1st ex.s. c 17 § 36; 1982 1st ex.s. c 49 §
11.]
Legislative declaration—1994 c 272: "The legislature declares that,
in section 13, chapter 49, Laws of 1982 1st ex. sess., effective July 1, 1982,
its original intent in limiting the use of the proceeds of the tax authorized
in RCW 82.46.010(2) to "local capital improvements" was to include in
such expenditures the acquisition of real and personal property associated
with such local capital improvements. Any such expenditures made by
cities, towns, and counties on or after July 1, 1982, are hereby declared to
be authorized and valid." [1994 c 272 § 2.]
Expenditures prior to June 11, 1992: "All expenditures of revenues
collected under RCW 82.46.010 made prior to June 11, 1992, are deemed
to be in compliance with RCW 82.46.010." [1992 c 221 § 4.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.46.021 Referendum procedure to repeal or alter
tax. Any referendum petition to repeal a county or city
ordinance imposing a tax or altering the rate of the tax
authorized under RCW 82.46.010(3) shall be filed with a
filing officer, as identified in the ordinance, within seven
days of passage of the ordinance. Within ten days, the filing
officer shall confer with the petitioner concerning form and
style of the petition, issue an identification number for the
petition, and write a ballot title for the measure. The ballot
title shall be posed as a question so that an affirmative
answer to the question and an affirmative vote on the
measure results in the tax or tax rate increase being imposed
and a negative answer to the question and a negative vote on
the measure results in the tax or tax rate increase not being
[Title 82 RCW—page 243]
82.46.021
Title 82 RCW: Excise Taxes
imposed. The petitioner shall be notified of the identification number and ballot title within this ten-day period.
After this notification, the petitioner shall have thirty
days in which to secure on petition forms the signatures of
not less than fifteen percent of the registered voters of the
county for county measures, or not less than fifteen percent
of the registered voters of the city for city measures, and to
file the signed petitions with the filing officer. Each petition
form shall contain the ballot title and the full text of the
measure to be referred. The filing officer shall verify the
sufficiency of the signatures on the petitions. If sufficient
valid signatures are properly submitted, the filing officer
shall submit the referendum measure to the county or city
voters at a general or special election held on one of the
dates provided in RCW 29.13.010 as determined by the
county legislative authority or city council, which election
shall not take place later than one hundred twenty days after
the signed petition has been filed with the filing officer.
After April 22, 1983, the referendum procedure provided for in this section shall be the exclusive method for
subjecting any county or city ordinance imposing a tax or
increasing the rate under RCW 82.46.010(3) to a referendum
vote.
Any county or city tax authorized under RCW
82.46.010(3) that has been imposed prior to April 22, 1983,
is not subject to the referendum procedure provided for in
this section. [2000 c 103 § 16; 1983 c 99 § 3.]
Severability—1983 c 99: See note following RCW 82.14.200.
82.46.030 Distribution of proceeds. (1) The county
treasurer shall place one percent of the proceeds of the taxes
imposed under this chapter in the county current expense
fund to defray costs of collection.
(2) The remaining proceeds from the county tax under
RCW 82.46.010(2) shall be placed in a county capital
improvements fund. The remaining proceeds from city or
town taxes under RCW 82.46.010(2) shall be distributed to
the respective cities and towns monthly and placed by the
city treasurer in a municipal capital improvements fund.
(3) This section does not limit the existing authority of
any city, town, or county to impose special assessments on
property specially benefited thereby in the manner prescribed
by law. [2000 c 103 § 17; 1992 c 221 § 2; 1990 1st ex.s. c
17 § 37; 1982 1st ex.s. c 49 § 13.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.46.035 Additional tax—Certain counties and
cities—Ballot proposition—Use limited to capital projects—Temporary rescindment for noncompliance. (1)
The legislative authority of any county or city shall identify
in the adopted budget the capital projects funded in whole or
in part from the proceeds of the tax authorized in this section, and shall indicate that such tax is intended to be in
addition to other funds that may be reasonably available for
such capital projects.
(2) The legislative authority of any county or any city
that plans under RCW 36.70A.040(1) may impose an
additional excise tax on each sale of real property in the
[Title 82 RCW—page 244]
unincorporated areas of the county for the county tax and in
the corporate limits of the city for the city tax at a rate not
exceeding one-quarter of one percent of the selling price.
Any county choosing to plan under RCW 36.70A.040(2) and
any city within such a county may only adopt an ordinance
imposing the excise tax authorized by this section if the
ordinance is first authorized by a proposition approved by a
majority of the voters of the taxing district voting on the
proposition at a general election held within the district or at
a special election within the taxing district called by the
district for the purpose of submitting such proposition to the
voters.
(3) Revenues generated from the tax imposed under
subsection (2) of this section shall be used by such counties
and cities solely for financing capital projects specified in a
capital facilities plan element of a comprehensive plan.
However, revenues (a) pledged by such counties and cities
to debt retirement prior to March 1, 1992, may continue to
be used for that purpose until the original debt for which the
revenues were pledged is retired, or (b) committed prior to
March 1, 1992, by such counties or cities to a project may
continue to be used for that purpose until the project is
completed.
(4) Revenues generated by the tax imposed by this
section shall be deposited in a separate account.
(5) As used in this section, "city" means any city or
town and "capital project" means those public works projects
of a local government for planning, acquisition, construction,
reconstruction, repair, replacement, rehabilitation, or improvement of streets, roads, highways, sidewalks, street and
road lighting systems, traffic signals, bridges, domestic water
systems, storm and sanitary sewer systems, and planning,
construction, reconstruction, repair, rehabilitation, or improvement of parks.
(6) When the governor files a notice of noncompliance
under RCW 36.70A.340 with the secretary of state and the
appropriate county or city, the county or city’s authority to
impose the additional excise tax under this section shall be
temporarily rescinded until the governor files a subsequent
notice rescinding the notice of noncompliance. [1992 c 221
§ 3; 1991 sp.s. c 32 § 33; 1990 1st ex.s. c 17 § 38.]
Reviser’s note: This section was amended by 1992 c 221 § 3 without
cognizance of its amendment by 1991 sp.s. c 32 § 33. Both amendments
are incorporated in the publication of this section under RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
Sections headings not law—1991 sp.s. c 32: See RCW 36.70A.902.
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
82.46.040 Tax is lien on property—Enforcement.
Any tax imposed under this chapter or RCW 82.46.070 and
any interest or penalties thereon is a specific lien upon each
piece of real property sold from the time of sale until the tax
is paid, which lien may be enforced in the manner prescribed
for the foreclosure of mortgages. [1990 1st ex.s. c 17 § 39;
1990 1st ex.s. c 5 § 4; 1982 1st ex.s. c 49 § 14.]
Reviser’s note: This section was amended by 1990 1st ex.s. c 5 § 4
and by 1990 c 17 § 39, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Purpose—1990 1st ex.s. c 5: See note following RCW 36.32.570.
(2002 Ed.)
Counties and Cities—Excise Tax on Real Estate Sales
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.46.050 Tax is seller’s obligation—Choice of
remedies. The taxes levied under this chapter are the
obligation of the seller and may be enforced through an
action of debt against the seller or in the manner prescribed
for the foreclosure of mortgages. Resort to one course of
enforcement is not an election not to pursue the other.
[1990 1st ex.s. c 17 § 40; 1982 1st ex.s. c 49 § 15.]
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.46.060 Payment of tax—Evidence of payment—
Recording. Any taxes imposed under this chapter or RCW
82.46.070 shall be paid to and collected by the treasurer of
the county within which is located the real property which
was sold. The treasurer shall act as agent for any city within
the county imposing the tax. The county treasurer shall
cause a stamp evidencing satisfaction of the lien to be
affixed to the instrument of sale or conveyance prior to its
recording or to the real estate excise tax affidavit in the case
of used mobile home sales. A receipt issued by the county
treasurer for the payment of the tax imposed under this
chapter or RCW 82.46.070 shall be evidence of the satisfaction of the lien imposed in RCW 82.46.040 and may be
recorded in the manner prescribed for recording satisfactions
of mortgages. No instrument of sale or conveyance evidencing a sale subject to the tax may be accepted by the county
auditor for filing or recording until the tax is paid and the
stamp affixed thereto; in case the tax is not due on the
transfer, the instrument shall not be accepted until suitable
notation of this fact is made on the instrument by the
treasurer. [1990 1st ex.s. c 17 § 41; 1990 1st ex.s. c 5 § 5;
1982 1st ex.s. c 49 § 16.]
Reviser’s note: This section was amended by 1990 1st ex.s. c 5 § 5
and by 1990 1st ex.s. c 17 § 41, each without reference to the other. Both
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—Part, section headings not law—1990 1st ex.s. c 17:
See RCW 36.70A.900 and 36.70A.901.
Purpose—1990 1st ex.s. c 5: See note following RCW 36.32.570.
Intent—Construction—Effective date—Fire district funding—1982
1st ex.s. c 49: See notes following RCW 35.21.710.
82.46.070 Additional excise tax—Acquisition and
maintenance of conservation areas. (1) Subject to subsection (2) of this section, the legislative authority of any
county may impose an additional excise tax on each sale of
real property in the county at a rate not to exceed one
percent of the selling price. The proceeds of the tax shall be
used exclusively for the acquisition and maintenance of
conservation areas.
The taxes imposed under this subsection shall be
imposed in the same manner and on the same occurrences,
and are subject to the same conditions, as the taxes under
chapter 82.45 RCW, except:
(a) The tax shall be the obligation of the purchaser; and
(b) The tax does not apply to the acquisition of conservation areas by the county.
(2002 Ed.)
82.46.040
The county may enforce the obligation through an action
of debt against the purchaser or may foreclose the lien on
the property in the same manner prescribed for the foreclosure of mortgages.
The tax shall take effect thirty days after the election at
which the taxes are authorized.
(2) No tax may be imposed under subsection (1) of this
section unless approved by a majority of the voters of the
county voting thereon for a specified period and maximum
rate after:
(a) The adoption of a resolution by the county legislative authority of the county proposing this action; or
(b) The filing of a petition proposing this action with
the county auditor, which petition is signed by county voters
at least equal in number to ten percent of the total number
of voters in the county who voted at the last preceding
general election.
The ballot proposition shall be submitted to the voters
of the county at the next general election occurring at least
sixty days after a petition is filed, or at any special election
prior to this general election that has been called for such
purpose by the county legislative authority.
(3) A plan for the expenditure of the excise tax proceeds
shall be prepared by the county legislative authority at least
sixty days before the election if the proposal is initiated by
resolution of the county legislative authority, or within six
months after the tax has been authorized by the voters if the
proposal is initiated by petition. Prior to the adoption of this
plan, the elected officials of cities located within the county
shall be consulted and a public hearing shall be held to
obtain public input. The proceeds of this excise tax must be
expended in conformance with this plan.
(4) As used in this section, "conservation area" has the
meaning given under RCW 36.32.570. [1990 1st ex.s. c 5
§ 3.]
Purpose—1990 1st ex.s. c 5: See note following RCW 36.32.570.
82.46.075 Additional excise tax—Affordable housing. (1) Subject to subsections (4) and (5) of this section,
the legislative authority of any county may impose an
additional excise tax on the purchase and sale of real
property in the county at the rate of one-half of one percent
of the selling price. The proceeds of the tax shall be used
exclusively for the development of affordable housing
including acquisition, building, rehabilitation, and maintenance and operation of housing for very low, low, and
moderate-income persons and those with special needs.
(2) Revenues generated from the tax imposed under this
section shall be placed in an affordable housing account
administered by the county. Disbursements from the account
shall be made following a competitive grant and loan
process. The county legislative authority shall determine a
mechanism for receiving grant and loan applications, and
criteria by which the applications shall be approved and
funded. Eligible recipients of grants and loans from the
account shall be private nonprofit, affordable housing
providers, the housing authority for the county, or other
housing programs conducted or funded by a public agency,
or by a public agency in partnership with a private nonprofit
entity.
[Title 82 RCW—page 245]
82.46.075
Title 82 RCW: Excise Taxes
(3) The taxes imposed under this section shall be
imposed in the same manner and on the same occurrences,
and are subject to the same conditions, as the taxes under
chapter 82.45 RCW, except that the tax shall be the obligation of both the purchaser and the seller, as determined by
the county legislative authority, with at least one-half of the
obligation being that of the purchaser. The county may
enforce the obligation through an action of debt against the
purchaser or seller or may foreclose the lien on the property
in the same manner prescribed for the foreclosure of
mortgages. The imposition of the tax is effective thirty days
after the election at which the tax is authorized.
(4)(a) No tax may be imposed under this section unless
approved by a majority of the voters of the county voting,
for a specified period and for a specified maximum rate.
This vote must follow either:
(i) The adoption of a resolution by the county legislative
authority proposing this action; or
(ii) The filing of a petition proposing this action with
the county auditor, signed by county voters at least equal in
number to ten percent of the total number of voters in the
county who voted in the preceding general election.
(b) The ballot proposition shall be submitted to the
voters of the county at the next general election occurring at
least sixty days after a petition is filed, or at any special
election prior to this general election called for this purpose
by the county legislative authority.
(5) No tax may be imposed under this section unless the
county imposes a tax under RCW 82.46.070 at the maximum
rate and the tax was imposed by January 1, 2003.
(6) A plan for the expenditure of the proceeds of the tax
imposed by this section shall be prepared by the county
legislative authority at least sixty days before the election if
the proposal is initiated by resolution of the county legislative authority, or within six months after the tax has been
authorized by the voters if the proposal is initiated by
petition. Prior to the adoption of this plan, the elected
officials of cities located within the county shall be consulted
and at least one public hearing shall be held to obtain public
comment. The proceeds of the tax shall be expended in
conformance with this plan. [2002 c 343 § 1.]
82.46.080 Notice to county treasurer. A county,
city, or town that imposes an excise tax under this chapter
must provide the county treasurer with a copy of the
ordinance or other action initially authorizing the tax or
altering the rate of the tax that is imposed at least sixty days
before change becomes effective. [1998 c 106 § 10.]
82.46.900 Chapter 82.46 RCW ordinances in effect
on July 1, 1993—Application under chapter 82.45 RCW.
Any ordinance imposing a tax under chapter 82.46 RCW
which is in effect on July 1, 1993, shall apply to all sales
taxable under chapter 82.45 RCW on July 1, 1993, at the
rate specified in the ordinance, until such time as the ordinance is otherwise amended or repealed. [1993 sp.s. c 25 §
508.]
Chapter 82.47
BORDER AREA MOTOR VEHICLE FUEL
AND SPECIAL FUEL TAX
Sections
82.47.010
82.47.020
82.47.030
Definitions.
Tax authority.
Proceeds.
82.47.010 Definitions. The definitions set forth in this
section shall apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Motor vehicle fuel" has the meaning given in RCW
82.36.010.
(2) "Special fuel" has the meaning given in RCW
82.38.020.
(3) "Motor vehicle" has the meaning given in RCW
82.36.010. [1998 c 176 § 85; 1991 c 173 § 2.]
Rules—Findings—Effective date—1998 c 176: See RCW
82.36.800, 82.36.900, and 82.36.901.
Effective date—1991 c 173: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1991." [1991 c 173 § 7.]
82.47.020 Tax authority. The legislative authority of
a border area jurisdiction may, by resolution for the purposes
authorized in this chapter and by approval of a majority of
the registered voters of the jurisdiction voting on the
proposition at a general or special election, fix and impose
an excise tax on the retail sale of motor vehicle fuel and
special fuel within the jurisdiction. An election held under
this section must be held not more than twelve months
before the date on which the proposed tax is to be levied.
The ballot setting forth the proposition shall state the tax rate
that is proposed. The rate of such tax shall be in increments
of one-tenth of a cent per gallon and shall not exceed one
cent per gallon.
The tax imposed in this section shall be collected and
paid to the jurisdiction but once in respect to any motor
vehicle fuel or special fuel. This tax shall be in addition to
any other tax authorized or imposed by law.
For purposes of this chapter, the term "border area
jurisdictions" means all cities and towns within ten miles of
an international border crossing and any transportation
benefit district established under RCW 36.73.020 which has
within its boundaries an international border crossing. [1991
c 173 § 1.]
Effective date—1991 c 173: See note following RCW 82.47.010.
82.47.030 Proceeds. The entire proceeds of the tax
imposed under this chapter, less refunds authorized by the
resolution imposing such tax and less amounts deducted by
the border area jurisdiction for administration and collection
expenses, shall be used solely for the purposes of border
area jurisdiction street maintenance and construction. [1991
c 173 § 3.]
Effective date—1991 c 173: See note following RCW 82.47.010.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Findings—Intent—1993 sp.s. c 25: See note following RCW
82.45.010.
[Title 82 RCW—page 246]
(2002 Ed.)
Aircraft Excise Tax
Chapter 82.48
AIRCRAFT EXCISE TAX
Sections
82.48.010
82.48.020
82.48.030
82.48.060
82.48.070
82.48.080
82.48.090
82.48.100
82.48.110
Definitions.
Excise tax imposed on aircraft—Out-of-state registration to
avoid tax, liability—Penalties.
Amount of tax.
Is in addition to other taxes.
Tax receipt.
Payment and distribution of taxes.
Refund of excessive tax payment and interest.
Exempt aircraft.
Aircraft not to be subject to ad valorem tax—Exceptions.
82.48.010 Definitions. For the purposes of this
chapter, unless otherwise required by the context:
(1) "Aircraft" means any weight-carrying device or
structure for navigation of the air which is designed to be
supported by the air;
(2) "Secretary" means the secretary of transportation;
(3) "Person" includes a firm, partnership, limited
liability company, or corporation;
(4) "Small multi-engine fixed wing" means any pistondriven multi-engine fixed wing aircraft with a maximum
gross weight as listed by the manufacturer of less than seventy-five hundred pounds; and
(5) "Large multi-engine fixed wing" means any pistondriven multi-engine fixed wing aircraft with a maximum
gross weight as listed by the manufacturer of seventy-five
hundred pounds or more. [1995 c 318 § 4; 1987 c 220 § 5;
1983 2nd ex.s. c 3 § 21; 1979 c 158 § 239; 1967 ex.s. c 9
§ 1; 1961 c 15 § 82.48.010. Prior: 1949 c 49 § 1; Rem.
Supp. 1949 § 11219-33.]
Effective date—1995 c 318: See note following RCW 82.04.030.
Severability—1987 c 220: See note following RCW 47.68.230.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
82.48.020 Excise tax imposed on aircraft—Out-ofstate registration to avoid tax, liability—Penalties. (1) An
annual excise tax is hereby imposed for the privilege of
using any aircraft in the state. A current certificate of air
worthiness with a current inspection date from the appropriate federal agency and/or the purchase of aviation fuel shall
constitute the necessary evidence of aircraft use or intended
use. The tax shall be collected annually or under a staggered collection schedule as required by the secretary by
rule. No additional tax shall be imposed under this chapter
upon any aircraft upon the transfer of ownership thereof, if
the tax imposed by this chapter with respect to such aircraft
has already been paid for the year in which transfer of ownership occurs. A violation of this subsection is a misdemeanor punishable as provided under chapter 9A.20 RCW.
(2) Persons who are required to register aircraft under
chapter 47.68 RCW and who register aircraft in another state
or foreign country and avoid the Washington aircraft excise
tax are liable for such unpaid excise tax. A violation of this
subsection is a gross misdemeanor.
The department of revenue may assess and collect the
unpaid excise tax under chapter 82.32 RCW, including the
penalties and interest provided in chapter 82.32 RCW.
(2002 Ed.)
Chapter 82.48
(3) Except as provided under subsections (1) and (2) of
this section, a violation of this chapter is a misdemeanor
punishable as provided in chapter 9A.20 RCW. [2000 c 229
§ 4; 1999 c 277 § 7; 1993 c 238 § 5; 1992 c 154 § 1; 1987
c 220 § 6; 1983 c 7 § 27; 1979 c 158 § 240; 1967 ex.s. c
149 § 27; 1967 ex.s. c 9 § 2; 1961 c 15 § 82.48.020. Prior:
1949 c 49 § 2; Rem. Supp. 1949 § 11219-34.]
Effective date—2000 c 229: See note following RCW 46.16.010.
Effective date—1992 c 154: "This act shall take effect July 1, 1992."
[1992 c 154 § 7.]
Severability—1987 c 220: See note following RCW 47.68.230.
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
82.48.030 Amount of tax. (1) The amount of the tax
imposed by this chapter for each calendar year shall be as
follows:
Type of aircraft
Registration fee
Single engine fixed wing
Small multi-engine fixed wing
Large multi-engine fixed wing
Turboprop multi-engine fixed wing
Turbojet multi-engine fixed wing
Helicopter
Sailplane
Lighter than air
Home built
$ 50
65
80
100
125
75
20
20
20
(2) The amount of tax imposed under subsection (1) of
this section for each calendar year shall be divided into
twelve parts corresponding to the months of the calendar
year and the excise tax upon an aircraft registered for the
first time in this state after the last day of any month shall
only be levied for the remaining months of the calendar year
including the month in which the aircraft is being registered:
PROVIDED, That the minimum amount payable shall be
three dollars.
An aircraft shall be deemed registered for the first time
in this state when such aircraft was not previously registered
by this state for the year immediately preceding the year in
which application for registration is made. [1983 2nd ex.s.
c 3 § 22; 1967 ex.s. c 9 § 3; 1963 c 199 § 6; 1961 c 15 §
82.48.030. Prior: 1949 c 49 § 3; Rem. Supp. 1949 §
11219-35.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
82.48.060 Is in addition to other taxes. Except as
provided in RCW 82.48.110, the tax imposed by this chapter
is in addition to all other licenses and taxes otherwise
imposed. [1961 c 15 § 82.48.060. Prior: 1949 c 49 § 6;
Rem. Supp. 1949 § 11219-38.]
82.48.070 Tax receipt. The secretary shall give a
receipt to each person paying the excise tax. [1987 c 220 §
7; 1967 ex.s. c 9 § 4; 1961 c 15 § 82.48.070. Prior: 1949
c 49 § 7; Rem. Supp. 1949 § 11219-39.]
Severability—1987 c 220: See note following RCW 47.68.230.
82.48.080 Payment and distribution of taxes. The
secretary shall regularly pay to the state treasurer the excise
[Title 82 RCW—page 247]
82.48.080
Title 82 RCW: Excise Taxes
taxes collected under this chapter, which shall be credited by
the state treasurer as follows: Ninety percent to the general
fund and ten percent to the aeronautics account in the transportation fund for administrative expenses. [1995 c 170 § 2;
1987 c 220 § 8; 1974 ex.s. c 54 § 8; 1967 ex.s. c 9 § 5;
1961 c 15 § 82.48.080. Prior: 1949 c 49 § 8; Rem. Supp.
1949 § 11219-40.]
Severability—1987 c 220: See note following RCW 47.68.230.
Effective dates—1974 ex.s. c 54: "Section 6 of this 1974 amendatory
act shall not take effect until June 30, 1981, and the remainder of this 1974
amendatory act is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing
public institutions, and shall take effect immediately." [1974 ex.s. c 54 §
13.]
Severability—1974 ex.s. c 54: "If any provision of this 1974
amendatory act, or its application to any person or circumstances is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 54 § 14.]
82.48.090 Refund of excessive tax payment and
interest. In case a claim is made by any person that the
person has paid an erroneously excessive amount of excise
tax under this chapter, the person may apply to the department of transportation for a refund of the claimed excessive
amount together with interest at the rate specified in RCW
82.32.060. The department of transportation shall review
such application, and if it determines that an excess amount
of tax has actually been paid by the taxpayer, such excess
amount and interest at the rate specified in RCW 82.32.060
shall be refunded to the taxpayer by means of a voucher
approved by the department of transportation and by the
issuance of a state warrant drawn upon and payable from
such funds as the legislature may provide for that purpose.
No refund shall be allowed, however, unless application for
the refund is filed with the department of transportation
within ninety days after the claimed excessive excise tax was
paid and the amount of the overpayment exceeds five
dollars. [1992 c 154 § 2; 1989 c 378 § 25; 1987 c 220 § 9;
1985 c 414 § 5; 1975 1st ex.s. c 278 § 96; 1961 c 15 §
82.48.090. Prior: 1949 c 49 § 9; Rem. Supp. 1949 §
11219-41.]
Effective date—1992 c 154: See note following RCW 82.48.020.
Severability—1987 c 220: See note following RCW 47.68.230.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
82.48.100 Exempt aircraft. This chapter shall not
apply to:
Aircraft owned by and used exclusively in the service
of any government or any political subdivision thereof,
including the government of the United States, any state,
territory, or possession of the United States, or the District
of Columbia, which are not engaged in carrying persons or
property for commercial purposes;
Aircraft registered under the laws of a foreign country;
Aircraft which are owned by a nonresident and registered in another state: PROVIDED, That if any such aircraft
shall remain in and/or be based in this state for a period of
ninety days or longer it shall not be exempt under this
section;
Aircraft engaged principally in commercial flying which
constitutes interstate or foreign commerce; and aircraft
[Title 82 RCW—page 248]
owned by the manufacturer thereof while being operated for
test or experimental purposes, or for the purpose of training
crews for purchasers of the aircraft;
Aircraft being held for sale, exchange, delivery, test, or
demonstration purposes solely as stock in trade of an aircraft
dealer licensed under Title 14 RCW;
Aircraft owned by a nonresident of this state if the
aircraft is kept at an airport in this state and that airport is
jointly owned or operated by a municipal corporation or
other governmental entity of this state and a municipal corporation or other governmental entity of another state, and
the owner or operator of the aircraft provides the department
with proof that the owner or operator has paid all taxes,
license fees, and registration fees required by the state in
which the owner or operator resides. [1999 c 302 § 3; 1965
ex.s. c 173 § 28; 1961 c 15 § 82.48.100. Prior: 1955 c 150
§ 12; 1949 c 49 § 10; Rem. Supp. 1949 § 11219-42.]
Effective date—1965 ex.s. c 173: See note following RCW
82.04.050.
82.48.110 Aircraft not to be subject to ad valorem
tax—Exceptions. The first tax to be collected under this
chapter shall be for the calendar year 1968. No aircraft with
respect to which the excise tax imposed by this chapter is
payable shall be listed and assessed for ad valorem taxation
so long as this chapter remains in effect, and any such
assessment heretofore made except under authority of section
13, chapter 49, Laws of 1949 and section 82.48.110, chapter
15, Laws of 1961 is hereby directed to be canceled:
PROVIDED, That any aircraft, whether or not subject to the
provisions of this chapter, with respect to which the excise
tax imposed by this chapter will not be paid or has not been
paid for any year shall be listed and assessed for ad valorem
taxation in that year, and the ad valorem tax liability
resulting from such listing and assessment shall be collected
in the same manner as though this chapter had not been
passed: PROVIDED FURTHER, That this chapter shall not
be construed to affect any ad valorem tax based upon
assessed valuations made in 1948 and/or any preceding year
for taxes payable in 1949 or any preceding year, which ad
valorem tax liability tax for any such years shall remain
payable and collectible in the same manner as though this
chapter had not been passed. [1967 ex.s. c 9 § 6; 1961 c 15
§ 82.48.110. Prior: 1949 c 49 § 13; Rem. Supp. 1949 §
11219-43.]
Chapter 82.49
WATERCRAFT EXCISE TAX
Sections
82.49.010
82.49.020
82.49.030
82.49.040
82.49.050
82.49.060
82.49.065
82.49.900
Excise tax imposed—Out-of-state registration to avoid tax,
liability—Penalties.
Exemptions.
Payment of tax—Deposit in general fund.
Depreciation schedule for use in determining fair market
value.
Appraisal of vessel by department of revenue.
Disputes as to appraised value or status as taxable—Petition
for conference or reduction of tax—Appeal to board of
tax appeals—Independent appraisal.
Refunds, collections of erroneous amounts—Claims—
Penalty for false statement.
Construction—Severability—Effective dates—1983 c 7.
(2002 Ed.)
Watercraft Excise Tax
Boat trailer fee: RCW 46.16.670.
Exemption of ships and vessels from ad valorem taxes: RCW 84.36.079,
84.36.080, and 84.36.090.
82.49.010 Excise tax imposed—Out-of-state registration to avoid tax, liability—Penalties. (1) An excise tax
is imposed for the privilege of using a vessel upon the
waters of this state, except vessels exempt under RCW
82.49.020. The annual amount of the excise tax is one-half
of one percent of fair market value, as determined under this
chapter, or five dollars, whichever is greater. Violation of
this subsection is a misdemeanor.
(2) Persons who are required under chapter 88.02 RCW
to register a vessel in this state and who register the vessel
in another state or foreign country and avoid the Washington
watercraft excise tax are guilty of a gross misdemeanor and
are liable for such unpaid excise tax. The department of
revenue may assess and collect the unpaid excise tax under
chapter 82.32 RCW, including the penalties and interest
provided in chapter 82.32 RCW.
(3) The excise tax upon a vessel registered for the first
time in this state shall be imposed for a twelve-month
period, including the month in which the vessel is registered,
unless the director of licensing extends or diminishes vessel
registration periods for the purpose of staggered renewal
periods under RCW 88.02.050. A vessel is registered for the
first time in this state when the vessel was not registered in
this state for the immediately preceding registration year, or
when the vessel was registered in another jurisdiction for the
immediately preceding year. The excise tax on vessels
required to be registered in this state on June 30, 1983, shall
be paid by June 30, 1983. [2000 c 229 § 5; 1999 c 277 § 8;
1993 c 238 § 6; 1992 c 154 § 3; 1983 2nd ex.s. c 3 § 42;
1983 c 7 § 9.]
Effective date—2000 c 229: See note following RCW 46.16.010.
Effective date—1992 c 154: See note following RCW 82.48.020.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Credit for 1983 property taxes paid for vessels—1983 c 7:
"Property taxes paid for a vessel for 1983 shall be allowed as a credit
against tax due under section 9 of this act for the same vessel." [1983 c 7
§ 25.] "Section 9 of this act" consists of the enactment of RCW 82.49.010.
82.49.020 Exemptions. The following are exempt
from the tax imposed under this chapter:
(1) Vessels exempt from the registration requirements of
chapter 88.02 RCW;
(2) Vessels used exclusively for commercial fishing
purposes;
(3) Vessels under sixteen feet in overall length;
(4) Vessels owned and operated by the United States, a
state of the United States, or any municipality or political
subdivision thereof;
(5) Vessels owned by a nonprofit organization or
association engaged in character building of boys and girls
under eighteen years of age and solely used for such
purposes, as determined by the department for the purposes
of RCW 84.36.030; and
(6) Vessels owned and held for sale by a dealer, but not
rented on a regular commercial basis. [1984 c 250 § 1;
1983 2nd ex.s. c 3 § 43.]
(2002 Ed.)
Chapter 82.49
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Partial exemption from ad valorem taxes of ships and vessels exempt from
excise tax under RCW 82.49.020(2): RCW 84.36.080.
82.49.030 Payment of tax—Deposit in general fund.
(1) The excise tax imposed under this chapter is due and
payable to the department of licensing or its agents at the
time of registration of a vessel. The department of licensing
shall not issue or renew a registration for a vessel until the
tax is paid in full.
(2) The excise tax collected under this chapter shall be
deposited in the general fund. [2000 c 103 § 18; 1991 sp.s.
c 16 § 925; 1989 c 393 § 10; 1983 c 7 § 10.]
Severability—Effective date—1991 sp.s. c 16: See notes following
RCW 9.46.100.
82.49.040 Depreciation schedule for use in determining fair market value. The department of revenue shall
prepare at least once each year a depreciation schedule for
use in the determination of fair market value for the purposes of this chapter. The schedule shall be based upon
information available to the department of revenue pertaining
to the current fair market value of vessels. The fair market
value of a vessel for the purposes of this chapter shall be
based on the most recent purchase price depreciated according to the year of the most recent purchase of the vessel.
The most recent purchase price is the consideration, whether
money, credit, rights, or other property expressed in terms of
money, paid or given or contracted to be paid or given by
the purchaser to the seller for the vessel. [1983 c 7 § 11.]
82.49.050 Appraisal of vessel by department of
revenue. (1) If a vessel has been acquired by lease or gift,
or the most recent purchase price of a vessel is not known
to the owner, the department of revenue shall appraise the
vessel before registration.
(2) If after registration the department of revenue
determines that the purchase price stated by the owner is not
a reasonable representation of the true fair market value of
a vessel at the time of purchase, the department of revenue
shall appraise the vessel.
(3) If a vessel is homemade, the owner shall make a
notarized declaration of fair market value. The fair market
value of the vessel for the purposes of this chapter shall be
the declared value, unless after registration the department of
revenue determines that the declared value is not a reasonable representation of the true fair market value of the vessel
in which case the department of revenue shall appraise the
vessel.
(4) If the department of revenue appraises a vessel, the
fair market value of the vessel for the purposes of this
chapter shall be the appraised value. If the vessel has been
registered before appraisal, the department of revenue shall
refund any overpayment of tax to the owner or notify the
owner of any additional tax due. The owner shall pay any
additional tax due within thirty days after notification by the
department. [1983 c 7 § 12.]
82.49.060 Disputes as to appraised value or status
as taxable—Petition for conference or reduction of tax—
[Title 82 RCW—page 249]
82.49.060
Title 82 RCW: Excise Taxes
Appeal to board of tax appeals—Independent appraisal.
(1) Any vessel owner disputing an appraised value under
RCW 82.49.050 or disputing whether the vessel is taxable,
may petition for a conference with the department as provided under RCW 82.32.160, or for reduction of the tax due as
provided under RCW 82.32.170.
(2) Any vessel owner having received a notice of denial
of a petition or a notice of determination made for the
owner’s vessel under RCW 82.32.160 or 82.32.170 may
appeal to the board of tax appeals as provided under RCW
82.03.190. In deciding a case appealed under this section,
the board of tax appeals may require an independent appraisal of the vessel. The cost of the independent appraisal shall
be apportioned between the department and the vessel owner
as provided by the board. [1993 c 33 § 1; 1983 c 7 § 13.]
section from the general fund and shall mail or deliver the
same to the person entitled to the refund.
Any person who makes a false statement under which
he or she obtains a refund to which he or she is not entitled
under this section is guilty of a gross misdemeanor. [1992
c 154 § 4; 1989 c 68 § 3.]
Effective date—1993 c 33: "This act shall take effect January 1,
1994." [1993 c 33 § 8.]
Sections
82.50.010
82.50.060
82.50.090
82.50.170
82.49.065 Refunds, collections of erroneous
amounts—Claims—Penalty for false statement. Whenever any person has paid a vessel license fee, and with the fee
has paid an excise tax imposed under this chapter, and the
director of licensing determines that the payor is entitled to
a refund of the entire amount of the license fee as provided
by law, then the payor shall also be entitled to a refund of
the entire excise tax collected under this chapter together
with interest at the rate specified in RCW 82.32.060. If the
director determines that any person is entitled to a refund of
only a part of the license fee paid, the payor shall be entitled
to a refund of the difference, if any, between the excise tax
collected and that which should have been collected together
with interest at the rate specified in RCW 82.32.060. The
state treasurer shall determine the amount of such refund by
reference to the applicable excise tax schedule prepared by
the department of revenue in cooperation with the department of licensing.
If no claim is to be made for the refund of the license
fee, or any part of the fee, but claim is made by any person
that he or she has paid an erroneously excessive amount of
excise tax, the department of licensing shall determine in the
manner generally provided in this chapter the amount of
such excess, if any, that has been paid and shall certify to
the state treasurer that the person is entitled to a refund in
that amount together with interest at the rate specified in
RCW 82.32.060.
If due to error a person has been required to pay an
excise tax pursuant to this chapter and a license fee under
chapter 88.02 RCW which amounts to an overpayment of ten
dollars or more, such person shall be entitled to a refund of
the entire amount of such overpayment, together with interest
at the rate specified in RCW 82.32.060, regardless of
whether a refund of the overpayment has been requested. If
due to error the department or its agents has failed to collect
the full amount of the license fee and excise tax due, which
underpayment is in the amount of ten dollars or more, the
department shall charge and collect such additional amount
as will constitute full payment of the tax and any penalties
or interest at the rate specified in RCW 82.32.050.
If the department approves the claim, it shall notify the
state treasurer to that effect and the treasurer shall make such
approved refunds and the other refunds provided for in this
[Title 82 RCW—page 250]
Effective date—1992 c 154: See note following RCW 82.48.020.
82.49.900 Construction—Severability—Effective
dates—1983 c 7. See notes following RCW 82.08.020.
Chapter 82.50
TRAVEL TRAILERS AND CAMPERS EXCISE TAX
82.50.250
Definitions.
Tax additional.
Unlawful issuance of tax receipt—Penalty.
Refund, collection of erroneous amounts—Penalty for false
statement.
Term "house trailer" construed.
TAXATION OF TRAVEL TRAILERS AND CAMPERS
82.50.425
82.50.435
82.50.440
82.50.460
82.50.510
82.50.520
82.50.530
82.50.540
Valuation of travel trailers and campers.
Appeal of valuation.
Tax receipt—Records.
Notice of amount of tax payable—Contents.
Remittance of tax to state—Distribution to cities, towns,
counties, and schools.
Exemptions.
Ad valorem taxes prohibited as to mobile homes, travel
trailers or campers—Loss of identity, subject to property
tax.
Taxed and licensed travel trailers or campers entitled to use
of streets and highways.
CONSTRUCTION OF 1971 ACT
82.50.901
Effective dates—Operative dates—Expiration dates—1971
ex.s. c 299 §§ 35-76.
Boat trailer fee: RCW 46.16.670.
"Registration year," defined—"Last day of the month," defined: RCW
46.16.006.
82.50.010 Definitions. (1) "Mobile home" means a
mobile home as defined by RCW 46.04.302.
(2) "Park trailer" means a park trailer as defined by
RCW 46.04.622.
(3) "Travel trailer" means a travel trailer as defined by
RCW 46.04.623.
(4) "Modular home" means a modular home as defined
by RCW 46.04.303.
(5) "Camper" means a camper as defined by RCW
46.04.085.
(6) "Motor home" means a motor home as defined by
RCW 46.04.305.
(7) "Director" means the director of licensing of the
state. [1989 c 337 § 20; 1979 c 107 § 11; 1977 ex.s. c 22
§ 6; 1971 ex.s. c 299 § 35; 1967 ex.s. c 149 § 44; 1961 c 15
§ 82.50.010. Prior: 1957 c 269 § 1; 1955 c 139 § 1.]
Reviser’s note: Restored to the RCW November 1, 2000, under the
Washington Supreme Court decision in Amalgamated Transit Union Local
587 et al v. The State of Washington, 142 Wash.2d 183 (2000), which
declared Initiative Measure No. 695 (2000 c 1) unconstitutional in its
entirety.
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
(2002 Ed.)
Travel Trailers and Campers Excise Tax
82.50.010
Effective dates—Severability—1971 ex.s. c 299: See notes
following RCW 82.04.050.
Severability—Effective dates—1974 ex.s. c 54: See notes following
RCW 82.44.110.
82.50.060 Tax additional.
the tax imposed by this chapter
licenses and taxes otherwise
82.50.060. Prior: 1955 c 139 §
82.50.250 Term "house trailer" construed. Whenever this chapter refers to chapters 46.12, 46.16, or 82.44
RCW, with references to "house trailers", the term "house
trailer" as used in those chapters shall be construed to
include and embrace "mobile home and travel trailer" as
used in chapter 149, Laws of 1967 ex. sess. [1967 ex.s. c
149 § 59.]
Except as provided herein,
is in addition to all other
imposed. [1961 c 15 §
6.]
Reviser’s note: See note following RCW 82.50.010.
82.50.090 Unlawful issuance of tax receipt—
Penalty. It shall be unlawful for the county auditor or any
person to issue a receipt hereunder to any person without
collecting the amount of the excise tax due thereon under the
provisions of this chapter and any violation of this section
shall constitute a gross misdemeanor. [1961 c 15 §
82.50.090. Prior: 1957 c 269 § 11; 1955 c 139 § 9.]
Reviser’s note: See note following RCW 82.50.010.
82.50.170 Refund, collection of erroneous
amounts—Penalty for false statement. In case a claim is
made by any person that the person has erroneously paid the
tax or a part thereof or any charge hereunder, the person
may apply in writing to the department of licensing for a
refund of the amount of the claimed erroneous payment
within thirteen months of the time of payment of the tax on
such a form as is prescribed by the department of licensing.
The department of licensing shall review such application for
refund, and, if it determines that an erroneous payment has
been made by the taxpayer, it shall certify the amount to be
refunded to the state treasurer that such person is entitled to
a refund in such amount together with interest at the rate
specified in RCW 82.32.060, and the treasurer shall make
such approved refund together with interest at the rate
specified in RCW 82.32.060 herein provided for from the
general fund and shall mail or deliver the same to the person
entitled thereto.
If due to error a person has been required to pay an
excise tax under this chapter and a vehicle license fee under
Title 46 RCW which amounts to an overpayment of ten
dollars or more, such person shall be entitled to a refund of
the entire amount of such overpayment, together with interest
at the rate specified in RCW 82.32.060, regardless of
whether a refund of the overpayment has been requested. If
due to error the department or its agents has failed to collect
the full amount of the license fee and excise tax due, which
underpayment is in the amount of ten dollars or more, the
department shall charge and collect such additional amount
as will constitute full payment of the tax and any penalties
or interest at the rate specified in RCW 82.32.050.
Any person making any false statement in the claim
herein mentioned, under which the person obtains any
amount of refund to which the person is not entitled under
the provisions of this section, shall be guilty of a gross
misdemeanor. [1992 c 154 § 6. Prior: 1989 c 378 § 26;
1989 c 68 § 4; 1981 c 260 § 16; prior: 1975 1st ex.s. c 278
§ 97; 1975 1st ex.s. c 9 § 1; 1974 ex.s. c 54 § 9; 1961 c 15
§ 82.50.170; prior: 1955 c 139 § 17.]
Reviser’s note: See note following RCW 82.50.010.
Effective date—1992 c 154: See note following RCW 82.48.020.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
(2002 Ed.)
Reviser’s note: See note following RCW 82.50.010.
TAXATION OF TRAVEL TRAILERS AND CAMPERS
82.50.425 Valuation of travel trailers and campers.
For the purpose of determining the tax under this chapter,
the value of a travel trailer or camper is the manufacturer’s
base suggested retail price of the travel trailer or camper
when first offered for sale as new, excluding any optional
equipment, applicable federal excise taxes, state and local
sales or use taxes, transportation or shipping costs, or
preparatory or delivery costs, multiplied by the applicable
percentage listed in this section based on the year of service.
If the manufacturer’s base suggested retail price is
unavailable or otherwise unascertainable at the time of initial
registration in this state, the department shall determine a
value equivalent to a manufacturer’s base suggested retail
price as follows:
(1) The department shall determine a value using any
information that may be available, including any guidebook,
report, or compendium of recognized standing in the
automotive industry or the selling price and year of sale of
the travel trailer or camper. The department may use an
appraisal by the county assessor. In valuing a travel trailer
or camper for which the current value or selling price is not
indicative of the value of similar travel trailers or campers of
the same year and model, the department shall establish a
value that more closely represents the average value of
similar travel trailers or campers of the same year and
model. If the travel trailer or camper is home-built, the
value shall not be less than the cost of construction.
(2) The value determined in subsection (1) of this
section shall be divided by the applicable percentage listed
in this section to establish a value equivalent to a
manufacturer’s base suggested retail price. The applicable
percentage shall be based on the year of service of the travel
trailer or camper for which the value is determined.
YEAR OF SERVICE
1
2
3
4
5
6
7
8
9
10
11
12
13
PERCENTAGE
100
90
84
79
73
65
60
55
50
45
41
37
33
[Title 82 RCW—page 251]
82.50.425
Title 82 RCW: Excise Taxes
14
15
16 or older
28
24
20
Reviser’s note: See note following RCW 82.50.010.
Transitional valuation method and tax limitation—1990 c 42: See
note following RCW 82.44.041.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
moneys collected in such counties from the excise taxes
imposed under this chapter;
(3) 63.64 percent for schools to be deposited in the state
general fund; and
(4) 9.08 percent to the transportation fund created in
RCW 82.44.180. [1998 c 321 § 24 (Referendum Bill No.
49, approved November 3, 1998); 1991 c 199 § 227; 1990
c 42 § 322; 1975-’76 2nd ex.s. c 75 § 1; 1971 ex.s. c 299 §
66.]
82.50.435 Appeal of valuation. If the department
determines a value for a travel trailer or camper under RCW
82.50.425 equivalent to a manufacturer’s base suggested
retail price, any person who pays the tax for that travel
trailer or camper may appeal the valuation to the department
under chapter 34.05 RCW. If the taxpayer is successful on
appeal, the department shall refund the excess tax in the
manner provided in RCW 82.50.170. [1990 c 42 § 324.]
Reviser’s note: See note following RCW 82.50.010.
Purpose—Severability—1998 c 321: See notes following RCW
82.44.110.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 82.50.410.
Finding—1991 c 199: See note following RCW 70.94.011.
Effective dates—Severability—Captions not law—1991 c 199: See
RCW 70.94.904 through 70.94.906.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
[1990 c 42 § 323.]
Reviser’s note: See note following RCW 82.50.010.
Purpose—Headings—Severability—Effective dates—Application—
Implementation—1990 c 42: See notes following RCW 82.36.025.
82.50.440 Tax receipt—Records. The county auditor
or the department of licensing upon payment of the tax
hereunder shall issue a receipt which shall include such
information as may be required by the director, including the
name of the taxpayer and a description of the travel trailer
or camper, which receipt shall be printed by the department
of licensing in such form as it deems proper and furnished
by the department to the various county auditors of the state.
The county auditor shall keep a record of the excise taxes
paid hereunder during the calendar year. [1979 c 158 § 242;
1975 1st ex.s. c 9 § 2; 1971 ex.s. c 299 § 59.]
Reviser’s note: See note following RCW 82.50.010.
82.50.460 Notice of amount of tax payable—
Contents. Prior to the end of any registration year of a
vehicle, the director shall cause to be mailed to the owners
of travel trailers or campers, of record, notice of the amount
of tax payable during the succeeding registration year. The
notice shall contain a legal description of the travel trailer or
camper, prominent notice of due dates, and such other information as may be required by the director. [1979 c 123 § 3;
1975 1st ex.s. c 118 § 17; 1971 ex.s. c 299 § 61.]
Reviser’s note: See note following RCW 82.50.010.
Effective date—Severability—1975 1st ex.s. c 118: See notes
following RCW 46.16.006.
82.50.510 Remittance of tax to state—Distribution
to cities, towns, counties, and schools. The county auditor
shall regularly, when remitting motor vehicle excise taxes,
pay to the state treasurer the excise taxes imposed by RCW
82.50.400. The treasurer shall then distribute such funds
quarterly on the first day of the month of January, April,
July and October of each year in the following amount:
(1) 13.64 percent to cities and towns for the use thereof
apportioned ratably among such cities and towns on the basis
of population;
(2) 13.64 percent to counties for the use thereof to be
apportioned ratably among such counties on the basis of
[Title 82 RCW—page 252]
82.50.520 Exemptions. The following travel trailers
or campers are specifically exempted from the operation of
this chapter:
(1) Any unoccupied travel trailer or camper when it is
part of an inventory of travel trailers or campers held for
sale by a manufacturer or dealer in the course of his business.
(2) A travel trailer or camper owned by any government
or political subdivision thereof.
(3) A travel trailer or camper owned by a nonresident
and currently licensed in another state, unless such travel
trailer or camper is required by law to be licensed in this
state.
For the purposes of this subsection only, a camper
owned by a nonresident shall be considered licensed in
another state if the vehicle to which such camper is attached
is currently licensed in another state.
(4) Travel trailers eligible to be used under a dealer’s
license plate, and taxed under RCW 82.44.030 while so
eligible. [1983 c 26 § 4; 1979 c 123 § 4; 1971 ex.s. c 299
§ 67.]
Reviser’s note: See note following RCW 82.50.010.
82.50.530 Ad valorem taxes prohibited as to mobile
homes, travel trailers or campers—Loss of identity,
subject to property tax. No mobile home, travel trailer, or
camper which is a part of the inventory of mobile homes,
travel trailers, or campers held for sale by a dealer in the
course of his or her business and no travel trailer or camper
as defined in RCW 82.50.010 shall be listed and assessed for
ad valorem taxation. However, if a park trailer as defined in
RCW 46.04.622 has substantially lost its identity as a mobile
unit by virtue of its being permanently sited in location and
placed on a foundation of either posts or blocks with
connections with sewer, water, or other utilities for the
operation of installed fixtures and appliances, it will be
considered real property and will be subject to ad valorem
property taxation imposed in accordance with the provisions
of Title 84 RCW, including the provisions with respect to
omitted property, except that a park trailer located on land
not owned by the owner of the park trailer shall be subject
to the personal property provisions of chapter 84.56 RCW
(2002 Ed.)
Travel Trailers and Campers Excise Tax
and RCW 84.60.040. [1999 c 92 § 1; 1993 c 32 § 1; 1981
c 304 § 32; 1971 ex.s. c 299 § 68.]
Reviser’s note: See note following RCW 82.50.010.
Application—1999 c 92: "This act is effective for taxes levied in
1999 for collection in 2000 and thereafter." [1999 c 92 § 2.]
Applicability—1993 c 32 § 1: "Section 1 of this act shall be
effective for taxes levied for collection in 1993 and thereafter." [1993 c 32
§ 2.]
Severability—1981 c 304: See note following RCW 26.16.030.
Real property defined: RCW 84.04.090.
82.50.540 Taxed and licensed travel trailers or
campers entitled to use of streets and highways. Travel
trailers or campers taxed and licensed under the provisions
of this chapter shall be entitled to the use of the public
streets and highways subject to the provisions of the motor
vehicle laws of this state except as herein otherwise provided. [1971 ex.s. c 299 § 69.]
Reviser’s note: See note following RCW 82.50.010.
CONSTRUCTION OF 1971 ACT
82.50.901 Effective dates—Operative dates—
Expiration dates—1971 ex.s. c 299 §§ 35-76. (1) Sections
35 through 52 and section 54 of this 1971 amendatory act
shall take effect on July 1, 1971, except that the provisions
of chapter 82.50 RCW imposing a tax on campers shall not
take effect until January 1, 1972.
(2) Sections 36 through 50 of this 1971 amendatory act
shall be operative and in effect only until and including
December 31, 1972, at which time, they, in their entirety,
shall expire without any further action of the legislature.
The expiration of such sections shall not be construed as
affecting any existing right acquired under the expired
statutes, nor as affecting any proceeding instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor any administrative action taken thereunder.
(3) Sections 55 through 76 of this 1971 amendatory act
shall take effect on January 1, 1973 without any further
action of the legislature. [1971 ex.s. c 299 § 53.]
Reviser’s note: See note following RCW 82.50.010.
82.50.530
business, or to transactions occurring, in federal areas, and
for other purposes." [1961 c 15 § 82.52.010. Prior: 1941
c 175 § 1; Rem. Supp. 1941 § 11337-10.]
82.52.020 State’s tax laws made applicable to
federal areas—Exception. From and after January 1, 1941,
all laws of this state relating to revenue and taxation which,
except for this chapter and the act of congress described
herein, would not be operative within federal areas, are
hereby extended to, and shall be construed as being operative
in and upon all lands or premises held or acquired by or for
the use of the United States or any department, establishment, or agency of the United States located within the
exterior boundaries of the state, to the same extent and with
the same effect as though such area was not a federal area:
PROVIDED, That nothing in this section shall be construed
as extending the provisions of this title to the gross income
received from, or to sales made for use in performing within
a federal military or naval reservation, any contract entered
into with the United States of America, or any department or
agency thereof or any subcontract made pursuant thereto for
which a bid covering such contract or subcontract was
submitted prior to October 9, 1940. [1961 c 15 § 82.52.020.
Prior: 1941 c 175 § 2; Rem. Supp. 1941 § 11337-11.]
Chapter 82.56
MULTISTATE TAX COMPACT
Sections
82.56.010
82.56.020
82.56.030
82.56.040
82.56.050
Compact.
Director of revenue to represent state.
Director may be represented by alternate.
Political subdivisions—Appointment of persons to represent—Consultations with.
Interstate audits article of compact declared to be in force in
this state.
82.56.010 Compact. The following multistate tax
compact, and each and every part thereof, is hereby approved, ratified, adopted, entered into and enacted into law
by the state of Washington.
MULTISTATE TAX COMPACT
Chapter 82.52
EXTENSION OF EXCISES TO FEDERAL AREAS
Sections
82.52.010
82.52.020
State accepts provisions of federal (Buck) act.
State’s tax laws made applicable to federal areas—
Exception.
Federal areas and jurisdiction: Title 37 RCW.
Taxation of federal agencies and instrumentalities: State Constitution Art.
7 §§ 1, 3.
82.52.010 State accepts provisions of federal (Buck)
act. The state hereby accepts jurisdiction over all federal
areas located within its exterior boundaries to the extent that
the power and authority to levy and collect taxes therein is
granted by that certain act of the 76th congress of the United
States, approved by the president on October 9, 1940, and
entitled: "An Act to permit the states to extend their sales,
use, and income taxes to persons residing or carrying on
(2002 Ed.)
Article I. Purposes.
The purposes of this compact are to:
1. Facilitate proper determination of state and local tax
liability of multistate taxpayers, including the equitable
apportionment of tax bases and settlement of apportionment
disputes.
2. Promote uniformity or compatibility in significant
components of tax systems.
3. Facilitate taxpayer convenience and compliance in the
filing of tax returns and in other phases of tax administration.
4. Avoid duplicative taxation.
Article II. Definitions.
As used in this compact:
1. "State" means a state of the United States, the District
of Columbia, the Commonwealth of Puerto Rico, or any
territory or possession of the United States.
[Title 82 RCW—page 253]
82.56.010
Title 82 RCW: Excise Taxes
2. "Subdivision" means any governmental unit or special
district of a state.
3. "Taxpayer" means any corporation, partnership, firm,
association, governmental unit or agency or person acting as
a business entity in more than one state.
4. "Income tax" means a tax imposed on or measured by
net income including any tax imposed on or measured by an
amount arrived at by deducting expenses from gross income,
one or more forms of which expenses are not specifically
and directly related to particular transactions.
5. "Capital stock tax" means a tax measured in any way
by the capital of a corporation considered in its entirety.
6. "Gross receipts tax" means a tax, other than a sales
tax, which is imposed on or measured by the gross volume
of business, in terms of gross receipts or in other terms, and
in the determination of which no deduction is allowed which
would constitute the tax an income tax.
7. "Sales tax" means a tax imposed with respect to the
transfer for a consideration of ownership, possession or
custody of tangible personal property or the rendering of
services measured by the price of the tangible personal
property transferred or services rendered and which is
required by state or local law to be separately stated from
the sales price by the seller, or which is customarily separately stated from the sales price, but does not include a tax
imposed exclusively on the sale of a specifically identified
commodity or article or class of commodities or articles.
8. "Use tax" means a nonrecurring tax, other than a
sales tax, which (a) is imposed on or with respect to the
exercise or enjoyment of any right or power over tangible
personal property incident to the ownership, possession or
custody of that property or the leasing of that property from
another including any consumption, keeping, retention, or
other use of tangible personal property and (b) is complementary to a sales tax.
9. "Tax" means an income tax, capital stock tax, gross
receipts tax, sales tax, use tax, and any other tax which has
a multistate impact, except that the provisions of Articles III,
IV and V of this compact shall apply only to the taxes
specifically designated therein and the provisions of Article
IX of this compact shall apply only in respect to determinations pursuant to Article IV.
Article III. Elements of Income Tax Laws.
Taxpayer Option, State and Local Taxes.
1. Any taxpayer subject to an income tax whose income
is subject to apportionment and allocation for tax purposes
pursuant to the laws of a party state or pursuant to the laws
of subdivisions in two or more party states may elect to
apportion and allocate his income in the manner provided by
the laws of such state or by the laws of such states and
subdivisions without reference to this compact, or may elect
to apportion and allocate in accordance with Article IV.
This election for any tax year may be made in all party
states or subdivisions thereof or in any one or more of the
party states or subdivisions thereof without reference to the
election made in the others. For the purposes of this
paragraph, taxes imposed by subdivisions shall be considered
separately from state taxes and the apportionment and
allocation also may be applied to the entire tax base. In no
instance wherein Article IV is employed for all subdivisions
of a state may the sum of all apportionments and allocations
[Title 82 RCW—page 254]
to subdivisions within a state be greater than the apportionment and allocation that would be assignable to that state if
the apportionment or allocation were being made with
respect to a state income tax.
Taxpayer Option, Short Form.
2. Each party state or any subdivision thereof which
imposes an income tax shall provide by law that any
taxpayer required to file a return, whose only activities
within the taxing jurisdiction consist of sales and do not
include owning or renting real estate or tangible personal
property, and whose dollar volume of gross sales made
during the tax year within the state or subdivision, as the
case may be, is not in excess of $100,000 may elect to
report and pay any tax due on the basis of a percentage of
such volume, and shall adopt rates which shall produce a tax
which reasonably approximates the tax otherwise due. The
multistate tax commission, not more than once in five years,
may adjust the $100,000 figure in order to reflect such
changes as may occur in the real value of the dollar, and
such adjusted figure, upon adoption by the commission, shall
replace the $100,000 figure specifically provided herein.
Each party state and subdivision thereof may make the same
election available to taxpayers additional to those specified
in this paragraph.
Coverage.
3. Nothing in this article relates to the reporting or
payment of any tax other than an income tax.
Article IV. Division of Income.
1. As used in this article, unless the context otherwise
requires:
(a) "Business income" means income arising from
transactions and activity in the regular course of the
taxpayer’s trade or business and includes income from
tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts
of the taxpayer’s regular trade or business operations.
(b) "Commercial domicile" means the principal place
from which the trade or business of the taxpayer is directed
or managed.
(c) "Compensation" means wages, salaries, commissions
and any other form of remuneration paid to employees for
personal services.
(d) "Financial organization" means any bank, trust
company, savings bank, industrial bank, land bank, safe
deposit company, private banker, savings and loan association, credit union, cooperative bank, small loan company,
sales finance company, investment company, or any type of
insurance company.
(e) "Nonbusiness income" means all income other than
business income.
(f) "Public utility" means any business entity (1) which
owns or operates any plant, equipment, property, franchise,
or license for the transmission of communications, transportation of goods or persons, except by pipe line, or the
production, transmission, sale, delivery, or furnishing of
electricity, water or steam; and (2) whose rates of charges
for goods or services have been established or approved by
a federal, state or local government or governmental agency.
(2002 Ed.)
Multistate Tax Compact
(g) "Sales" means all gross receipts of the taxpayer not
allocated under paragraphs of this article.
(h) "State" means any state of the United States, the
District of Columbia, the Commonwealth of Puerto Rico,
any territory or possession of the United States, and any
foreign country or political subdivision thereof.
(i) "This state" means the state in which the relevant tax
return is filed or, in the case of application of this article to
the apportionment and allocation of income for local tax
purposes, the subdivision or local taxing district in which the
relevant tax return is filed.
2. Any taxpayer having income from business activity
which is taxable both within and without this state, other
than activity as a financial organization or public utility or
the rendering of purely personal services by an individual,
shall allocate and apportion his net income as provided in
this article. If a taxpayer has income from business activity
as a public utility but derives the greater percentage of his
income from activities subject to this article, the taxpayer
may elect to allocate and apportion his entire net income as
provided in this article.
3. For purposes of allocation and apportionment of
income under this article, a taxpayer is taxable in another
state if (1) in that state he is subject to a net income tax, a
franchise tax measured by net income, a franchise tax for the
privilege of doing business, or a corporate stock tax, or (2)
that state has jurisdiction to subject the taxpayer to a net
income tax regardless of whether, in fact, the state does or
does not.
4. Rents and royalties from real or tangible personal
property, capital gains, interest, dividends or patent or
copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in paragraphs 5
through 8 of this article.
5.(a) Net rents and royalties from real property located
in this state are allocable to this state.
(b) Net rents and royalties from tangible personal
property are allocable to this state: (1) If and to the extent
that the property is utilized in this state, or (2) in their
entirety if the taxpayer’s commercial domicile is in this state
and the taxpayer is not organized under the laws of or
taxable in the state in which the property is utilized.
(c) The extent of utilization of tangible personal
property in a state is determined by multiplying the rents and
royalties by a fraction, the numerator of which is the number
of days of physical location of the property in the state
during the rental or royalty period in the taxable year and the
denominator of which is the number of days of physical
location of the property everywhere during all rental or
royalty periods in the taxable year. If the physical location
of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal
property is utilized in the state in which the property was
located at the time the rental or royalty payer obtained
possession.
6.(a) Capital gains and losses from sales of real property
located in this state are allocable to this state.
(b) Capital gains and losses from sales of tangible
personal property are allocable to this state if (1) the
property had a situs in this state at the time of the sale, or
(2) the taxpayer’s commercial domicile is in this state and
(2002 Ed.)
82.56.010
the taxpayer is not taxable in the state in which the property
had a situs.
(c) Capital gains and losses from sales of intangible
personal property are allocable to this state if the taxpayer’s
commercial domicile is in this state.
7. Interest and dividends are allocable to this state if the
taxpayer’s commercial domicile is in this state.
8.(a) Patent and copyright royalties are allocable to this
state: (1) If and to the extent that the patent or copyright is
utilized by the payer in this state, or (2) if and to the extent
that the patent copyright is utilized by the payer in a state in
which the taxpayer is not taxable and the taxpayer’s commercial domicile is in this state.
(b) A patent is utilized in a state to the extent that it is
employed in production, fabrication, manufacturing, or other
processing in the state or to the extent that a patented
product is produced in the state. If the basis of receipts
from patent royalties does not permit allocation to states or
if the accounting procedures do not reflect states of utilization, the patent is utilized in the state in which the taxpayer’s
commercial domicile is located.
(c) A copyright is utilized in a state to the extent that
printing or other publication originates in the state. If the
basis of receipts from copyright royalties does not permit
allocation to states or if the accounting procedures do not
reflect states of utilization, the copyright is utilized in the
state in which the taxpayer’s commercial domicile is located.
9. All business income shall be apportioned to this state
by multiplying the income by a fraction, the numerator of
which is the property factor plus the payroll factor plus the
sales factor, and the denominator of which is three.
10. The property factor is a fraction, the numerator of
which is the average value of the taxpayer’s real and
tangible personal property owned or rented and used in this
state during the tax period and the denominator of which is
the average value of all the taxpayer’s real and tangible
personal property owned or rented and used during the tax
period.
11. Property owned by the taxpayer is valued at its
original cost. Property rented by the taxpayer is valued at
eight times the net annual rental rate. Net annual rental rate
is the annual rental rate paid by the taxpayer less any annual
rental rate received by the taxpayer from subrentals.
12. The average value of property shall be determined
by averaging the values at the beginning and ending of the
tax period but the tax administrator may require the averaging of monthly values during the tax period if reasonably required to reflect properly the average value of the taxpayer’s
property.
13. The payroll factor is a fraction, the numerator of
which is the total amount paid in this state during the tax
period by the taxpayer for compensation and the denominator of which is the total compensation paid everywhere
during the tax period.
14. Compensation is paid in this state if:
(a) The individual’s service is performed entirely within
the state;
(b) The individual’s service is performed both within
and without the state, but the service performed without the
state is incidental to the individual’s service within the state;
or
[Title 82 RCW—page 255]
82.56.010
Title 82 RCW: Excise Taxes
(c) Some of the service is performed in the state and (1)
the base of operations or, if there is no base of operations,
the place from which the service is directed or controlled is
in the state, or (2) the base of operations or the place from
which the service is directed or controlled is not in any state
in which some part of the service is performed, but the
individual’s residence is in this state.
15. The sales factor is a fraction, the numerator of
which is the total sales of the taxpayer in this state during
the tax period, and the denominator of which is the total
sales of the taxpayer everywhere during the tax period.
16. Sales of tangible personal property are in this state
if:
(a) The property is delivered or shipped to a purchaser,
other than the United States government, within this state
regardless of the f.o.b. point or other conditions of the sale;
or
(b) The property is shipped from an office, store,
warehouse, factory, or other place of storage in this state and
(1) the purchaser is the United States government or (2) the
taxpayer is not taxable in the state of the purchaser.
17. Sales, other than sales of tangible personal property,
are in this state if:
(a) The income-producing activity is performed in this
state; or
(b) The income-producing activity is performed both in
and outside this state and a greater proportion of the incomeproducing activity is performed in this state than in any other
state, based on costs of performance.
18. If the allocation and apportionment provisions of
this article do not fairly represent the extent of the taxpayer’s
business activity in this state, the taxpayer may petition for
or the tax administrator may require, in respect to all or any
part of the taxpayer’s business activity, if reasonable:
(a) Separate accounting;
(b) The exclusion of any one or more of the factors;
(c) The inclusion of one or more additional factors
which will fairly represent the taxpayer’s business activity in
this state; or
(d) The employment of any other method to effectuate
an equitable allocation and apportionment of the taxpayer’s
income.
Article V. Elements of Sales
and Use Tax Laws.
Tax Credit.
1. Each purchaser liable for a use tax on tangible
personal property shall be entitled to full credit for the
combined amount or amounts of legally imposed sales or use
taxes paid by him with respect to the same property to
another state and any subdivision thereof. The credit shall
be applied first against the amount of any use tax due the
state, and any unused portion of the credit shall then be
applied against the amount of any use tax due a subdivision.
Exemption Certificates, Vendors May Rely.
2. Whenever a vendor receives and accepts in good faith
from a purchaser a resale or other exemption certificate or
other written evidence of exemption authorized by the
appropriate state or subdivision taxing authority, the vendor
[Title 82 RCW—page 256]
shall be relieved of liability for a sales or use tax with
respect to the transaction.
Article VI. The Commission.
Organization and Management.
1.(a) The multistate tax commission is hereby established. It shall be composed of one "member" from each
party state who shall be the head of the state agency charged
with the administration of the types of taxes to which this
compact applies. If there is more than one such agency the
state shall provide by law for the selection of the commission member from the heads of the relevant agencies. State
law may provide that a member of the commission be
represented by an alternate but only if there is on file with
the commission written notification of the designation and
identity of the alternate. The attorney general of each party
state or his designee, or other counsel if the laws of the
party state specifically provide, shall be entitled to attend the
meetings of the commission, but shall not vote. Such
attorneys general, designees, or other counsel shall receive
all notices of meetings required under paragraph 1(e) of this
article.
(b) Each party state shall provide by law for the
selection of representatives from its subdivisions affected by
this compact to consult with the commission member from
that state.
(c) Each member shall be entitled to one vote. The
commission shall not act unless a majority of the members
are present, and no action shall be binding unless approved
by a majority of the total number of members.
(d) The commission shall adopt an official seal to be
used as it may provide.
(e) The commission shall hold an annual meeting and
such other regular meetings as its bylaws may provide and
such special meetings as its executive committee may
determine. The commission bylaws shall specify the dates
of the annual and any other regular meetings, and shall
provide for the giving of notice of annual, regular and
special meetings. Notices of special meetings shall include
the reasons therefor and an agenda of the items to be
considered.
(f) The commission shall elect annually, from among its
members, a chairman, a vice chairman and a treasurer. The
commission shall appoint an executive director who shall
serve at its pleasure, and it shall fix his duties and compensation. The executive director shall be secretary of the
commission. The commission shall make provision for the
bonding of such of its officers and employees as it may
deem appropriate.
(g) Irrespective of the civil service, personnel or other
merit system laws of any party state, the executive director
shall appoint or discharge such personnel as may be necessary for the performance of the functions of the commission
and shall fix their duties and compensation. The commission bylaws shall provide for personnel policies and programs.
(h) The commission may borrow, accept or contract for
the services of personnel from any state, the United States,
or any other governmental entity.
(i) The commission may accept for any of its purposes
and functions any and all donations and grants of money,
(2002 Ed.)
Multistate Tax Compact
equipment, supplies, materials and services, conditional or
otherwise, from any governmental entity, and may utilize
and dispose of the same.
(j) The commission may establish one or more offices
for the transacting of its business.
(k) The commission shall adopt bylaws for the conduct
of its business. The commission shall publish its bylaws in
convenient form, and shall file a copy of the bylaws and any
amendments thereto with the appropriate agency or officer
in each of the party states.
(l) The commission annually shall make to the governor
and legislature of each party state a report covering its
activities for the preceding year. Any donation or grant
accepted by the commission or services borrowed shall be
reported in the annual report of the commission, and shall
include the nature, amount and conditions, if any, of the
donation, gift, grant or services borrowed and the identity of
the donor or lender. The commission may make additional
reports as it may deem desirable.
Committees.
2.(a) To assist in the conduct of its business when the
full commission is not meeting, the commission shall have
an executive committee of seven members, including the
chairman, vice chairman, treasurer and four other members
elected annually by the commission. The executive committee, subject to the provisions of this compact and consistent
with the policies of the commission, shall function as provided in the bylaws of the commission.
(b) The commission may establish advisory and technical committees, membership on which may include private
persons and public officials, in furthering any of its activities. Such committees may consider any matter of concern
to the commission, including problems of special interest to
any party state and problems dealing with particular types of
taxes.
(c) The commission may establish such additional
committees as its bylaws may provide.
Powers.
3. In addition to powers conferred elsewhere in this
compact, the commission shall have power to:
(a) Study state and local tax systems and particular
types of state and local taxes.
(b) Develop and recommend proposals for an increase
in uniformity or compatibility of state and local tax laws
with a view toward encouraging the simplification and
improvement of state and local tax law and administration.
(c) Compile and publish information as in its judgment
would assist the party states in implementation of the
compact and taxpayers in complying with state and local tax
laws.
(d) Do all things necessary and incidental to the
administration of its functions pursuant to this compact.
Finance.
4.(a) The commission shall submit to the governor or
designated officer or officers of each party state a budget of
its estimated expenditures for such period as may be required
by the laws of that state for presentation to the legislature
thereof.
(2002 Ed.)
82.56.010
(b) Each of the commission’s budgets of estimated
expenditures shall contain specific recommendations of the
amounts to be appropriated by each of the party states. The
total amount of appropriations requested under any such
budget shall be apportioned among the party states as
follows: one-tenth in equal shares; and the remainder in
proportion to the amount of revenue collected by each party
state and its subdivisions from income taxes, capital stock
taxes, gross receipts taxes, sales and use taxes. In determining such amounts, the commission shall employ such
available public sources of information as, in its judgment,
present the most equitable and accurate comparisons among
the party states. Each of the commission’s budgets of
estimated expenditures and requests for appropriations shall
indicate the sources used in obtaining information employed
in applying the formula contained in this paragraph.
(c) The commission shall not pledge the credit of any
party state. The commission may meet any of its obligations
in whole or in part with funds available to it under paragraph
(1)(i) of this article: PROVIDED, That the commission
takes specific action setting aside such funds prior to
incurring any obligation to be met in whole or in part in
such manner. Except where the commission makes use of
funds available to it under paragraph 1(i), the commission
shall not incur any obligation prior to the allotment of funds
by the party states adequate to meet the same.
(d) The commission shall keep accurate accounts of all
receipts and disbursements. The receipts and disbursements
of the commission shall be subject to the audit and accounting procedures established under its bylaws. All receipts and
disbursements of funds handled by the commission shall be
audited yearly by a certified or licensed public accountant
and the report of the audit shall be included in and become
part of the annual report of the commission.
(e) The accounts of the commission shall be open at any
reasonable time for inspection by duly constituted officers of
the party states and by any persons authorized by the
commission.
(f) Nothing contained in this article shall be construed
to prevent commission compliance with laws relating to
audit or inspection of accounts by or on behalf of any
government contributing to the support of the commission.
Article VII. Uniform Regulations and Forms.
1. Whenever any two or more party states, or subdivisions of party states, have uniform or similar provisions of
law relating to an income tax, capital stock tax, gross
receipts tax, sales or use tax, the commission may adopt uniform regulations for any phase of the administration of such
law, including assertion of jurisdiction to tax, or prescribing
uniform tax forms. The commission may also act with
respect to the provisions of Article IV of this compact.
2. Prior to the adoption of any regulation, the commission shall:
(a) As provided in its bylaws, hold at least one public
hearing on due notice to all affected party states and subdivisions thereof and to all taxpayers and other persons who
have made timely request of the commission for advance
notice of its regulation-making proceedings.
(b) Afford all affected party states and subdivisions and
interested persons an opportunity to submit relevant written
[Title 82 RCW—page 257]
82.56.010
Title 82 RCW: Excise Taxes
data and views, which shall be considered fully by the
commission.
3. The commission shall submit any regulations adopted
by it to the appropriate officials of all party states and
subdivisions to which they might apply. Each such state and
subdivision shall consider any such regulation for adoption
in accordance with its own laws and procedures.
Article VIII. Interstate Audits.
1. This article shall be in force only in those party states
that specifically provide therefor by statute.
2. Any party state or subdivision thereof desiring to
make or participate in an audit of any accounts, books,
papers, records or other documents may request the commission to perform the audit on its behalf. In responding to the
request, the commission shall have access to and may
examine, at any reasonable time, such accounts, books,
papers, records, and other documents and any relevant
property or stock of merchandise. The commission may
enter into agreements with party states or their subdivisions
for assistance in performance of the audit. The commission
shall make charges, to be paid by the state or local government or governments for which it performs the service, for
any audits performed by it in order to reimburse itself for the
actual costs incurred in making the audit.
3. The commission may require the attendance of any
person within the state where it is conducting an audit or
part thereof at a time and place fixed by it within such state
for the purpose of giving testimony with respect to any
account, book, paper, document, other record, property or
stock of merchandise being examined in connection with the
audit. If the person is not within the jurisdiction, he may be
required to attend for such purpose at any time and place
fixed by the commission within the state of which he is a
resident: PROVIDED, That such state has adopted this
article.
4. The commission may apply to any court having
power to issue compulsory process for orders in aid of its
powers and responsibilities pursuant to this article and any
and all such courts shall have jurisdiction to issue such
orders. Failure of any person to obey any such order shall
be punishable as contempt of the issuing court. If the party
or subject matter on account of which the commission seeks
an order is within the jurisdiction of the court to which application is made, such application may be to a court in the
state or subdivision on behalf of which the audit is being
made or a court in the state in which the object of the order
being sought is situated. The provisions of this paragraph
apply only to courts in a state that has adopted this article.
5. The commission may decline to perform any audit
requested if it finds that its available personnel or other
resources are insufficient for the purpose or that, in the terms
requested, the audit is impracticable of satisfactory performance. If the commission, on the basis of its experience,
has reason to believe that an audit of a particular taxpayer,
either at a particular time or on a particular schedule, would
be of interest to a number of party states or their subdivisions, it may offer to make the audit or audits, the offer to
be contingent on sufficient participation therein as determined by the commission.
6. Information obtained by any audit pursuant to this
article shall be confidential and available only for tax
[Title 82 RCW—page 258]
purposes to party states, their subdivisions or the United
States. Availability of information shall be in accordance
with the laws of the states or subdivisions on whose account
the commission performs the audit, and only through the
appropriate agencies or officers of such states or subdivisions. Nothing in this article shall be construed to require
any taxpayer to keep records for any period not otherwise required by law.
7. Other arrangements made or authorized pursuant to
law for cooperative audit by or on behalf of the party states
or any of their subdivisions are not superseded or invalidated
by this article.
8. In no event shall the commission make any charge
against a taxpayer for an audit.
9. As used in this article, "tax," in addition to the
meaning ascribed to it in Article II, means any tax or license
fee imposed in whole or in part for revenue purposes.
Article IX. Arbitration.
1. Whenever the commission finds a need for settling
disputes concerning apportionments and allocations by
arbitration, it may adopt a regulation placing this article in
effect, notwithstanding the provisions of Article VII.
2. The commission shall select and maintain an arbitration panel composed of officers and employees of state and
local governments and private persons who shall be knowledgeable and experienced in matters of tax law and administration.
3. Whenever a taxpayer who has elected to employ
Article IV, or whenever the laws of the party state or
subdivision thereof are substantially identical with the
relevant provisions of Article IV, the taxpayer, by written
notice to the commission and to each party state or subdivision thereof that would be affected, may secure arbitration
of an apportionment or allocation, if he is dissatisfied with
the final administrative determination of the tax agency of
the state or subdivision with respect thereto on the ground
that it would subject him to double or multiple taxation by
two or more party states or subdivisions thereof. Each party
state and subdivision thereof hereby consents to the arbitration as provided herein, and agrees to be bound thereby.
4. The arbitration board shall be composed of one
person selected by the taxpayer, one by the agency or
agencies involved, and one member of the commission’s
arbitration panel. If the agencies involved are unable to
agree on the person to be selected by them, such person
shall be selected by lot from the total membership of the
arbitration panel. The two persons selected for the board in
the manner provided by the foregoing provisions of this
paragraph shall jointly select the third member of the board.
If they are unable to agree on the selection, the third
member shall be selected by lot from among the total
membership of the arbitration panel. No member of a board
selected by lot shall be qualified to serve if he is an officer
or employee or is otherwise affiliated with any party to the
arbitration proceeding. Residence within the jurisdiction of
a party to the arbitration proceeding shall not constitute
affiliation within the meaning of this paragraph.
5. The board may sit in any state or subdivision party to
the proceeding, in the state of the taxpayer’s incorporation,
residence or domicile, in any state where the taxpayer does
(2002 Ed.)
Multistate Tax Compact
business, or in any place that it finds most appropriate for
gaining access to evidence relevant to the matter before it.
6. The board shall give due notice of the times and
places of its hearings. The parties shall be entitled to be
heard, to present evidence, and to examine and crossexamine witnesses. The board shall act by majority vote.
7. The board shall have power to administer oaths, take
testimony, subpoena and require the attendance of witnesses
and the production of accounts, books, papers, records, and
other documents, and issue commissions to take testimony.
Subpoenas may be signed by any member of the board. In
case of failure to obey a subpoena, and upon application by
the board, any judge of a court of competent jurisdiction of
the state in which the board is sitting or in which the person
to whom the subpoena is directed may be found may make
an order requiring compliance with the subpoena, and the
court may punish failure to obey the order as a contempt.
The provisions of this paragraph apply only in states that
have adopted this article.
8. Unless the parties otherwise agree the expenses and
other costs of the arbitration shall be assessed and allocated
among the parties by the board in such manner as it may
determine. The commission shall fix a schedule of compensation for members of arbitration boards and of other
allowable expenses and costs. No officer or employee of a
state or local government who serves as a member of a
board shall be entitled to compensation therefor unless he is
required on account of his service to forego the regular
compensation attaching to his public employment, but any
such board member shall be entitled to expenses.
9. The board shall determine the disputed apportionment
or allocation and any matters necessary thereto. The
determinations of the board shall be final for purposes of
making the apportionment or allocation, but for no other purpose.
10. The board shall file with the commission and with
each tax agency represented in the proceeding: the determination of the board; the board’s written statement of its
reasons therefor; the record of the board’s proceedings; and
any other documents required by the arbitration rules of the
commission to be filed.
11. The commission shall publish the determinations of
boards together with the statements of the reasons therefor.
12. The commission shall adopt and publish rules of
procedure and practice and shall file a copy of such rules
and of any amendment thereto with the appropriate agency
or officer in each of the party states.
13. Nothing contained herein shall prevent at any time
a written compromise of any matter or matters in dispute, if
otherwise lawful, by the parties to the arbitration proceeding.
Article X. Entry into Force
and Withdrawal.
1. This compact shall enter into force when enacted into
law by any seven states. Thereafter, this compact shall
become effective as to any other state upon its enactment
thereof. The commission shall arrange for notification of all
party states whenever there is a new enactment of the
compact.
2. Any party state may withdraw from this compact by
enacting a statute repealing the same. No withdrawal shall
(2002 Ed.)
82.56.010
affect any liability already incurred by or chargeable to a
party state prior to the time of such withdrawal.
3. No proceeding commenced before an arbitration
board prior to the withdrawal of a state and to which the
withdrawing state or any subdivision thereof is a party shall
be discontinued or terminated by the withdrawal, nor shall
the board thereby lose jurisdiction over any of the parties to
the proceeding necessary to make a binding determination
therein.
Article XI. Effect on Other Laws
and Jurisdiction.
Nothing in this compact shall be construed to:
(a) Affect the power of any state or subdivision thereof
to fix rates of taxation, except that a party state shall be
obligated to implement Article III 2 of this compact.
(b) Apply to any tax or fixed fee imposed for the
registration of a motor vehicle or any tax on motor fuel,
other than a sales tax: PROVIDED, That the definition of
"tax" in Article VIII 9 may apply for the purposes of that
article and the commission’s powers of study and recommendation pursuant to Article VI 3 may apply.
(c) Withdraw or limit the jurisdiction of any state or
local court or administrative officer or body with respect to
any person, corporation or other entity or subject matter,
except to the extent that such jurisdiction is expressly
conferred by or pursuant to this compact upon another
agency or body.
(d) Supersede or limit the jurisdiction of any court of
the United States.
Article XII. Construction and Severability.
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause,
sentence or provision of this compact is declared to be
contrary to the Constitution of any state or of the United
States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any
government, agency, person or circumstance shall not be
affected thereby. If this compact shall be held contrary to
the Constitution of any state participating therein, the
compact shall remain in full force and effect as to the
remaining party states and in full force and effect as to the
state affected as to all severable matters. [1967 c 125 § 1.]
82.56.020 Director of revenue to represent state.
The director of revenue shall represent this state on the
multistate tax commission. [1979 c 107 § 12; 1967 c 125 §
2.]
82.56.030 Director may be represented by alternate.
The member representing this state on the multistate tax
commission may be represented thereon by an alternate
designated by him. Any such alternate shall be a principal
deputy or assistant of the member of the commission in the
agency which the member heads. [1967 c 125 § 3.]
82.56.040 Political subdivisions—Appointment of
persons to represent—Consultations with. The governor,
[Title 82 RCW—page 259]
82.56.040
Title 82 RCW: Excise Taxes
after consultation with representatives of local governments,
shall appoint three persons who are representative of subdivisions affected or likely to be affected by the multistate tax
compact. The member of the commission representing this
state, and any alternate designated by him, shall consult
regularly with these appointees, in accordance with Article
VI 1(b) of the compact. [1967 c 125 § 4.]
82.56.050 Interstate audits article of compact
declared to be in force in this state. Article VIII of the
multistate tax compact relating to interaudits shall be in force
in and with respect to this state. [1967 c 125 § 5.]
Chapter 82.58
SIMPLIFIED SALES AND USE TAX
ADMINISTRATION ACT
Sections
82.58.005
82.58.010
82.58.020
82.58.030
82.58.040
82.58.050
82.58.060
82.58.070
82.58.080
82.58.090
82.58.900
82.58.901
82.58.902
Findings.
Definitions.
Multistate discussions.
Streamlined sales and use tax agreement.
State adoption of agreement—Existing laws unaffected.
Requirements for agreement.
General purpose of agreement.
Agreement for benefit of member states only—No legal
action.
Certified service provider—Certified automated system.
Legislation to conform state law.
Short title.
Effective date—2002 c 267 §§ 1-9.
Contingent effective date—2002 c 267 §§ 10 and 11.
82.58.005 Findings. The legislature finds that a
simplified sales and use tax system will reduce and over
time eliminate the burden and cost for all vendors to collect
this state’s sales and use tax. The legislature further finds
that this state should participate in multistate discussions to
review or amend the terms of the agreement to simplify and
modernize sales and use tax administration in order to
substantially reduce the burden of tax compliance for all
sellers and for all types of commerce. [2002 c 267 § 3.]
82.58.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Agreement" means the streamlined sales and use
tax agreement as adopted.
(2) "Certified automated system" means software
certified jointly by the states that are signatories to the
agreement to calculate the tax imposed by each jurisdiction
on a transaction, determine the amount of tax to remit to the
appropriate state, and maintain a record of the transaction.
(3) "Certified service provider" means an agent certified
jointly by the states that are signatories to the agreement to
perform all of the seller’s sales tax functions.
(4) "Person" means an individual, trust, estate, fiduciary,
partnership, limited liability company, limited liability
partnership, corporation, or any other legal entity.
(5) "Sales tax" means the tax levied under chapter 82.08
RCW.
(6) "Seller" means any person making sales, leases, or
rentals of personal property or services.
[Title 82 RCW—page 260]
(7) "State" means any state of the United States and the
District of Columbia.
(8) "Use tax" means the tax levied under chapter 82.12
RCW. [2002 c 267 § 2.]
82.58.020 Multistate discussions. (1) For the
purposes of reviewing or amending the agreement embodying the simplification requirements in RCW 82.58.050, the
state shall enter into multistate discussions. For purposes of
these discussions, the state shall be represented by the
department. The governor may appoint up to four persons
to consult with the department at these discussions. The
persons advising the department shall not be compensated
and are not entitled to payment of travel expenses by the
state.
(2) The department shall regularly consult with an
advisory group composed of one member from each of the
two largest caucuses of the senate, appointed by the majority
and minority leaders of the senate; one member from each
of the two largest caucuses of the house of representatives,
appointed by the speaker and minority leader of the house of
representatives; representatives of retailers, including those
selling via mail, telephone, and the internet; representatives
of large and small businesses; and representatives of counties
and cities. The department shall use its best efforts to
consult with the advisory group before any multistate
discussions in which it is anticipated that amendments may
be proposed to the agreement embodying the simplification
requirements in RCW 82.58.050. [2002 c 267 § 4.]
82.58.030 Streamlined sales and use tax agreement.
The department shall enter into the streamlined sales and use
tax agreement with one or more states to simplify and
modernize sales and use tax administration in order to
substantially reduce the burden of tax compliance for all
sellers and for all types of commerce. In furtherance of the
agreement, the department may act jointly with other states
that are members of the agreement to establish standards for
certification of a certified service provider and certified
automated system and establish performance standards for
multistate sellers. The department is further authorized to
take other actions reasonably required to implement this
chapter. Other actions authorized by this section include, but
are not limited to, the adoption of rules and the joint
procurement, with other member states, of goods and
services in furtherance of the cooperative agreement. The
department, or the department’s designee, may represent this
state before the other states that are signatories to the
agreement. [2002 c 267 § 5.]
82.58.040 State adoption of agreement—Existing
laws unaffected. No provision of the agreement authorized
by this chapter in whole or part invalidates or amends any
provision of the law of this state. Adoption of the agreement by this state does not amend or modify any law of this
state. Implementation of any condition of the agreement in
this state, whether adopted before, at, or after membership of
this state in the agreement, must be by the action of this
state. [2002 c 267 § 6.]
(2002 Ed.)
Simplified Sales and Use Tax Administration Act
82.58.050 Requirements for agreement. The
department shall not enter into the streamlined sales and use
tax agreement unless the agreement requires each state to
abide by the requirements in this section.
(1) The agreement must set restrictions to limit over
time the number of state rates.
(2) The agreement must establish uniform standards for:
(a) The sourcing of transactions to taxing jurisdictions;
(b) The administration of exempt sales; and
(c) Sales and use tax returns and remittances.
(3) The agreement must provide a central, electronic
registration system that allows a seller to register to collect
and remit sales and use taxes for all signatory states.
(4) The agreement must provide that registration with
the central registration system and the collection of sales and
use taxes in the signatory states will not be used as a factor
in determining whether the seller has nexus with a state for
any tax.
(5) The agreement must provide for reduction of the
burdens of complying with local sales and use taxes by:
(a) Restricting variances between the state and local tax
bases;
(b) Requiring states to administer any sales and use
taxes levied by local jurisdictions within the state so that
sellers collecting and remitting these taxes will not have to
register or file returns with, remit funds to, or be subject to
independent audits from local taxing jurisdictions;
(c) Restricting the frequency of changes in the local
sales and use tax rates and setting effective dates for the
application of local jurisdictional boundary changes to local
sales and use taxes; and
(d) Providing notice of changes in local sales and use
tax rates and of changes in the boundaries of local taxing
jurisdictions.
(6) The agreement must outline any monetary allowances that are to be provided by the states to sellers or certified
service providers. The agreement must allow for a joint
public and private sector study of the compliance cost on
sellers and certified service providers to collect sales and use
taxes for state and local governments under various levels of
complexity to be completed by July 1, 2002.
(7) The agreement must require each state to certify
compliance with the terms of the agreement before joining
and to maintain compliance, under the laws of the member
state, with all provisions of the agreement while a member.
(8) The agreement must require each state to adopt a
uniform policy for certified service providers that protects
the privacy of consumers and maintains the confidentiality
of tax information.
(9) The agreement must provide for the appointment of
an advisory council of private sector representatives and an
advisory council of nonmember state representatives to
consult with in the administration of the agreement. [2002
c 267 § 7.]
82.58.060 General purpose of agreement. The
agreement authorized by this chapter is an accord among
individual cooperating sovereigns in furtherance of their governmental functions. The agreement provides a mechanism
among the member states to establish and maintain a
cooperative, simplified system for the application and
(2002 Ed.)
82.58.050
administration of sales and use taxes under the duly adopted
law of each member state. [2002 c 267 § 8.]
82.58.070 Agreement for benefit of member states
only—No legal action. (1) The agreement authorized by
this chapter binds and inures only to the benefit of this state
and the other member states. No person, other than a
member state, is an intended beneficiary of the agreement.
Any benefit to a person other than a state is established by
the law of this state and the other member states and not by
the terms of the agreement.
(2) Consistent with subsection (1) of this section, no
person has any cause of action or defense under the agreement or by virtue of this state’s approval of the agreement.
No person may challenge, in any action brought under any
provision of law, any action or inaction by any department,
agency, other instrumentality of this state, or any political
subdivision of this state on the ground that the action or
inaction is inconsistent with the agreement.
(3) No law of this state, or the application thereof, may
be declared invalid as to any person or circumstance on the
ground that the provision or application is inconsistent with
the agreement. [2002 c 267 § 9.]
82.58.080 Certified service provider—Certified
automated system. (Contingent effective date.) (1) A
certified service provider is the agent of a seller, with whom
the certified service provider has contracted, for the collection and remittance of sales and use taxes. As the seller’s
agent, the certified service provider is liable for sales and
use tax due each member state on all sales transactions it
processes for the seller except as set out in this section. A
seller that contracts with a certified service provider is not
liable to the state for sales or use tax due on transactions
processed by the certified service provider unless the seller
misrepresented the type of items it sells or committed fraud.
In the absence of probable cause to believe that the seller
has committed fraud or made a material misrepresentation,
the seller is not subject to audit on the transactions processed
by the certified service provider. A seller is subject to audit
for transactions not processed by the certified service
provider. The member states acting jointly may perform a
system check of the seller and review the seller’s procedures
to determine if the certified service provider’s system is
functioning properly and the extent to which the seller’s
transactions are being processed by the certified service
provider.
(2) A person that provides a certified automated system
is responsible for the proper functioning of that system and
is liable to the state for underpayments of tax attributable to
errors in the functioning of the certified automated system.
A seller that uses a certified automated system remains
responsible and is liable to the state for reporting and
remitting tax.
(3) A seller that has a proprietary system for determining the amount of tax due on transactions and has signed an
agreement establishing a performance standard for that
system is liable for the failure of the system to meet the performance standard. [2002 c 267 § 10.]
[Title 82 RCW—page 261]
82.58.090
Title 82 RCW: Excise Taxes
82.58.090 Legislation to conform state law. (Contingent effective date.) Upon becoming a member of the
streamlined sales and use tax agreement, the department
shall prepare legislation conforming state law as necessary
and shall provide such legislation to the fiscal committees of
the legislature. [2002 c 267 § 11.]
82.58.900 Short title. This chapter shall be known
and cited as the "simplified sales and use tax administration
act." [2002 c 267 § 1.]
82.58.901 Effective date—2002 c 267 §§ 1-9.
Sections 1 through 9 of this act take effect July 1, 2002.
[2002 c 267 § 12.]
82.58.902 Contingent effective date—2002 c 267 §§
10 and 11. Sections 10 and 11 of this act become effective
when the state becomes a member of the streamlined sales
and use tax agreement. [2002 c 267 § 13.]
Chapter 82.60
TAX DEFERRALS FOR INVESTMENT PROJECTS
IN RURAL COUNTIES
(Formerly: Tax deferrals for investment projects in
distressed areas)
Sections
82.60.010
82.60.020
82.60.030
82.60.040
82.60.049
82.60.050
82.60.060
82.60.065
82.60.070
82.60.080
82.60.090
82.60.100
82.60.110
82.60.900
82.60.901
Legislative findings and declaration.
Definitions.
Application for deferral—Contents.
Issuance of tax deferral certificate.
Additional eligible projects.
Expiration of RCW 82.60.030 and 82.60.040.
Repayment schedule.
Tax deferral on construction labor and investment projects—
Repayment forgiven.
Reports by recipients—Assessment of taxes, interest.
Employment and wage determinations.
Applicability of general administrative provisions.
Applications, reports, and information subject to disclosure.
Competing projects—Impact study.
Effective date, applicability—1985 c 232.
Effective date—1994 sp.s. c 1.
82.60.010 Legislative findings and declaration. The
legislature finds that there are several areas in the state that
are characterized by very high levels of unemployment and
poverty. The legislative [legislature] further finds that economic stagnation is the primary cause of this high unemployment rate and poverty; that new state policies are necessary
in order to promote economic stimulation and new employment opportunities in these distressed areas; and that policies
providing incentives for economic growth in these distressed
areas are essential. For these reasons, the legislature hereby
establishes a tax deferral program to be effective solely in
distressed areas and under circumstances where the deferred
tax payments are for investments or costs that result in the
creation of a specified number of jobs. The legislature
declares that this limited program serves the vital public
purpose of creating employment opportunities and reducing
poverty in the distressed areas of the state. [1985 c 232 §
1.]
[Title 82 RCW—page 262]
82.60.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Applicant" means a person applying for a tax
deferral under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means a county with fewer than one
hundred persons per square mile as determined annually by
the office of financial management and published by the
department of revenue effective for the period July 1st
through June 30th.
(4)(a) "Eligible investment project" means an investment
project in an eligible area as defined in subsection (3) of this
section.
(b) The lessor/owner of a qualified building is not
eligible for a deferral unless the underlying ownership of the
buildings, machinery, and equipment vests exclusively in the
same person, or unless the lessor by written contract agrees
to pass the economic benefit of the deferral to the lessee in
the form of reduced rent payments.
(c) "Eligible investment project" does not include any
portion of an investment project undertaken by a light and
power business as defined in RCW 82.16.010(5), other than
that portion of a cogeneration project that is used to generate
power for consumption within the manufacturing site of
which the cogeneration project is an integral part, or investment projects which have already received deferrals under
this chapter.
(5) "Investment project" means an investment in
qualified buildings or qualified machinery and equipment,
including labor and services rendered in the planning,
installation, and construction of the project.
(6) "Manufacturing" means the same as defined in RCW
82.04.120. "Manufacturing" also includes computer programming, the production of computer software, and other
computer-related services, and the activities performed by
research and development laboratories and commercial
testing laboratories.
(7) "Person" has the meaning given in RCW 82.04.030.
(8) "Qualified buildings" means construction of new
structures, and expansion or renovation of existing structures
for the purpose of increasing floor space or production
capacity used for manufacturing and research and development activities, including plant offices and warehouses or
other facilities for the storage of raw material or finished
goods if such facilities are an essential or an integral part of
a factory, mill, plant, or laboratory used for manufacturing
or research and development. If a building is used partly for
manufacturing or research and development and partly for
other purposes, the applicable tax deferral shall be determined by apportionment of the costs of construction under
rules adopted by the department.
(9) "Qualified machinery and equipment" means all new
industrial and research fixtures, equipment, and support
facilities that are an integral and necessary part of a manufacturing or research and development operation. "Qualified
machinery and equipment" includes: Computers; software;
data processing equipment; laboratory equipment; manufacturing components such as belts, pulleys, shafts, and moving
parts; molds, tools, and dies; operating structures; and all
equipment used to control or operate the machinery.
(2002 Ed.)
Tax Deferrals for Investment Projects in Rural Counties
(10) "Recipient" means a person receiving a tax deferral
under this chapter.
(11) "Research and development" means the development, refinement, testing, marketing, and commercialization
of a product, service, or process before commercial sales
have begun. As used in this subsection, "commercial sales"
excludes sales of prototypes or sales for market testing if the
total gross receipts from such sales of the product, service,
or process do not exceed one million dollars. [1999 sp.s. c
9 § 2; 1999 c 164 § 301; 1996 c 290 § 4; 1995 1st sp.s. c 3
§ 5. Prior: 1994 sp.s. c 7 § 704; 1994 sp.s. c 1 § 1; 1993
sp.s. c 25 § 403; 1988 c 42 § 16; 1986 c 116 § 12; 1985 c
232 § 2.]
Intent—Severability—Effective date—1999 sp.s. c 9: See notes
following RCW 82.04.120.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: "Sections
301 through 303, 305, 306, and 601 through 603 of this act do not affect
any existing right acquired or liability or obligation under the sections
amended or repealed in those sections or any rule or order adopted under
those sections, nor does it affect any proceeding instituted under those
sections." [1999 c 164 § 803.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Severability—1988 c 42: See note following RCW 4.24.480.
Severability—1986 c 116: See RCW 82.62.900.
82.60.030 Application for deferral—Contents.
(Expires July 1, 2004.) Application for deferral of taxes
under this chapter must be made before initiation of the construction of the investment project or acquisition of equipment or machinery. The application shall be made to the
department in a form and manner prescribed by the department. The application shall contain information regarding the location of the investment project, the applicant’s
average employment in the state for the prior year, estimated
or actual new employment related to the project, estimated
or actual wages of employees related to the project, estimated or actual costs, time schedules for completion and
operation, and other information required by the department.
The department shall rule on the application within sixty
days. [1994 sp.s. c 1 § 2; 1985 c 232 § 3.]
Expiration of RCW 82.60.030 and 82.60.040: See RCW 82.60.050.
82.60.040 Issuance of tax deferral certificate.
(Expires July 1, 2004.) (1) The department shall issue a
sales and use tax deferral certificate for state and local sales
and use taxes due under chapters 82.08, 82.12, and 82.14
RCW on each eligible investment project that is located in
an eligible area as defined in RCW 82.60.020.
(2) The department shall keep a running total of all
deferrals granted under this chapter during each fiscal
biennium.
(3) This section expires July 1, 2004. [1999 c 164 §
302; 1997 c 156 § 5; 1995 1st sp.s. c 3 § 6; 1994 sp.s. c 1
§ 3; 1986 c 116 § 13; 1985 c 232 § 4.]
(2002 Ed.)
82.60.020
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note
following RCW 82.60.020.
Expiration date—1997 c 156 § 5: "Section 5 of this act expires July
1, 2004." [1997 c 156 § 12.]
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
Expiration of RCW 82.60.030 and 82.60.040: See RCW 82.60.050.
Severability—1986 c 116: See RCW 82.62.900.
82.60.049 Additional eligible projects. (1) For the
purposes of this section:
(a) "Eligible area" also means a designated community
empowerment zone approved under *RCW 43.63A.700 or a
county containing a community empowerment zone.
(b) "Eligible investment project" also means an investment project in an eligible area as defined in this section.
(c) "Qualified employment position" means a permanent
full-time employee employed in the eligible investment
project during the entire year.
(2) In addition to the provisions of RCW 82.60.040, the
department shall issue a sales and use tax deferral certificate
for state and local sales and use taxes due under chapters
82.08, 82.12, and 82.14 RCW, on each eligible investment
project that is located in an eligible area, if the applicant
establishes that at the time the project is operationally
complete:
(a) The applicant will hire at least one qualified employment position for each seven hundred fifty thousand dollars
of investment on which a deferral is requested; and
(b) The positions will be filled by persons who at the
time of hire are residents of the community empowerment
zone. As used in this subsection, "resident" means the
person makes his or her home in the community empowerment zone. A mailing address alone is insufficient to
establish that a person is a resident for the purposes of this
section. The persons must be hired after the date the
application is filed with the department.
(3) All other provisions and eligibility requirements of
this chapter apply to applicants eligible under this section.
(4) The qualified employment position must be filled by
the end of the calendar year following the year in which the
project is certified as operationally complete. If a person
does not meet the requirements for qualified employment
positions by the end of the second calendar year following
the year in which the project is certified as operationally
complete, all deferred taxes are immediately due. [2000 c
106 § 8; 1999 c 164 § 304.]
*Reviser’s note: RCW 43.63A.700 was recodified as RCW
43.31C.020 pursuant to 2000 c 212 § 11.
Effective date—2000 c 106: See note following RCW 82.32.330.
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
82.60.050 Expiration of RCW 82.60.030 and
82.60.040. RCW 82.60.030 and 82.60.040 shall expire July
1, 2004. [1994 sp.s. c 1 § 7; 1993 sp.s. c 25 § 404; 1988 c
41 § 5; 1985 c 232 § 10.]
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
[Title 82 RCW—page 263]
82.60.050
Title 82 RCW: Excise Taxes
Severability—1988 c 41: See RCW 82.61.901.
82.60.060 Repayment schedule. (1) The recipient
shall begin paying the deferred taxes in the third year after
the date certified by the department as the date on which the
construction project has been operationally completed. The
first payment will be due on December 31st of the third
calendar year after such certified date, with subsequent
annual payments due on December 31st of the following
four years with amounts of payment scheduled as follows:
Repayment Year
1
2
3
4
5
% of Deferred Tax Repaid
10%
15%
20%
25%
30%
(2) The department may authorize an accelerated
repayment schedule upon request of the recipient.
(3) Interest shall not be charged on any taxes deferred
under this chapter for the period of deferral, although all
other penalties and interest applicable to delinquent excise
taxes may be assessed and imposed for delinquent payments
under this chapter. The debt for deferred taxes will not be
extinguished by insolvency or other failure of the recipient.
Transfer of ownership does not terminate the deferral. The
deferral is transferred, subject to the successor meeting the
eligibility requirements of this chapter, for the remaining
periods of the deferral. [2000 c 106 § 5; 1985 c 232 § 5.]
Effective date—2000 c 106: See note following RCW 82.32.330.
82.60.065 Tax deferral on construction labor and
investment projects—Repayment forgiven. Except as
provided in RCW 82.60.070:
(1) Taxes deferred under this chapter on the sale or use
of labor that is directly used in the construction of an
investment project for which a deferral has been granted
under this chapter after June 11, 1986, and prior to July 1,
1994, need not be repaid.
(2) Taxes deferred under this chapter on an investment
project for which a deferral has been granted under this
chapter after June 30, 1994, need not be repaid.
(3) Taxes deferred under this chapter need not be repaid
on machinery and equipment for lumber and wood products
industries, and sales of or charges made for labor and
services, of the type which qualifies for exemption under
RCW 82.08.02565 or 82.12.02565 to the extent the taxes
have not been repaid before July 1, 1995. [1995 1st sp.s. c
3 § 8; 1994 sp.s. c 1 § 6; 1986 c 116 § 14.]
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
Severability—1986 c 116: See RCW 82.62.900.
82.60.070 Reports by recipients—Assessment of
taxes, interest. (1) Each recipient of a deferral granted
under this chapter after June 30, 1994, shall submit a report
to the department on December 31st of the year in which the
investment project is certified by the department as having
been operationally completed, and on December 31st of each
of the seven succeeding calendar years. The report shall
contain information, as required by the department, from
[Title 82 RCW—page 264]
which the department may determine whether the recipient
is meeting the requirements of this chapter. If the recipient
fails to submit a report or submits an inadequate report, the
department may declare the amount of deferred taxes outstanding to be immediately assessed and payable.
(2) If, on the basis of a report under this section or
other information, the department finds that an investment
project is not eligible for tax deferral under this chapter, the
amount of deferred taxes outstanding for the project shall be
immediately due.
(3) Notwithstanding any other subsection of this section,
deferred taxes need not be repaid on machinery and equipment for lumber and wood products industries, and sales of
or charges made for labor and services, of the type which
qualifies for exemption under RCW 82.08.02565 or
82.12.02565 to the extent the taxes have not been repaid
before July 1, 1995.
(4) Notwithstanding any other subsection of this section,
deferred taxes on the following need not be repaid:
(a) Machinery and equipment, and sales of or charges
made for labor and services, which at the time of purchase
would have qualified for exemption under RCW
82.08.02565; and
(b) Machinery and equipment which at the time of first
use would have qualified for exemption under RCW
82.12.02565. [1999 c 164 § 303; 1995 1st sp.s. c 3 § 9;
1994 sp.s. c 1 § 5; 1985 c 232 § 6.]
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note
following RCW 82.60.020.
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
82.60.080 Employment and wage determinations.
The employment security department shall make, and certify
to the department of revenue, all determinations of employment and wages as requested by the department under this
chapter. [2000 c 106 § 6; 1985 c 232 § 7.]
Effective date—2000 c 106: See note following RCW 82.32.330.
82.60.090 Applicability of general administrative
provisions. Chapter 82.32 RCW applies to the administration of this chapter. [1985 c 232 § 8.]
82.60.100 Applications, reports, and information
subject to disclosure. Applications, reports, and any other
information received by the department under this chapter
shall not be confidential and shall be subject to disclosure.
[1987 c 49 § 1.]
82.60.110 Competing projects—Impact study. If the
department determines that an investment project for which
an exemption is granted under this chapter competes with an
investment project for which a deferral is granted under this
chapter, the department shall study the impacts on the project
for which a deferral is granted. [1998 c 245 § 169; 1994
sp.s. c 1 § 8.]
(2002 Ed.)
Tax Deferrals for Investment Projects in Rural Counties
82.60.900 Effective date, applicability—1985 c 232.
This act is necessary for the immediate preservation of the
public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take
effect immediately, provided that no taxes may be deferred
prior to July 1, 1985. [1985 c 232 § 11.]
Reviser’s note: The effective date of 1985 c 232 is May 10, 1985.
82.60.901 Effective date—1994 sp.s. c 1. This act
shall take effect July 1, 1994. [1994 sp.s. c 1 § 10.]
Chapter 82.61
TAX DEFERRALS FOR MANUFACTURING,
RESEARCH, AND DEVELOPMENT PROJECTS
Sections
82.61.010 Definitions.
82.61.030 Tax deferral—Eligibility.
82.61.050 Issuance of tax deferral certificate.
82.61.060 Repayment schedule.
82.61.080 Applicability of general administrative provisions.
82.61.090 Applications and information subject to disclosure.
82.61.900 Severability—1987 c 497.
82.61.901 Severability—1988 c 41.
Tax credits for eligible business projects: Chapter 82.62 RCW.
Tax credits for research: RCW 82.04.4452.
Tax deferrals for investment projects in distressed areas: Chapter 82.60
RCW.
82.61.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Applicant" means a person applying for a tax
deferral under this chapter.
(2) "Person" has the meaning given in RCW 82.04.030.
(3) "Department" means the department of revenue.
(4) "Eligible investment project" means:
(a) Construction of new buildings and the acquisition of
new related machinery and equipment when the buildings,
machinery, and equipment are to be used for either manufacturing or research and development activities, which construction is commenced prior to December 31, 1995; or
(b) Acquisition prior to December 31, 1995, of new
machinery and equipment to be used for either manufacturing or research and development if the machinery and
equipment is housed in a new leased structure. The lessor/
owner of the structure is not eligible for a deferral unless the
underlying ownership of the buildings, machinery, and
equipment vests exclusively in the same person; or
(c) Acquisition of all new or used machinery, equipment, or other personal property for use in the production or
casting of aluminum at an aluminum smelter or at facilities
related to an aluminum smelter, if the plant was in operation
prior to 1975 and has ceased operations or is in imminent
danger of ceasing operations for economic reasons, as
determined by the department, and if the person applying for
a deferral (i) has consulted with any collective bargaining
unit that represented employees of the plant pursuant to a
collective bargaining agreement that was in effect either
immediately prior to the time the plant ceased operations or
during the period when the plant was in imminent danger of
ceasing operations, on the proposed operation of the plant
(2002 Ed.)
82.60.900
and on the terms and conditions of employment for wage
and salaried employees and (ii) has obtained a written
concurrence from the bargaining unit on the decision to
apply for a deferral under this chapter; or
(d) Modernization projects involving construction,
acquisition, or upgrading of equipment or machinery,
including services and labor, which are commenced after
May 19, 1987, and are intended to increase the operating
efficiency of existing plants which are either aluminum
smelters or aluminum rolling mills or of facilities related to
such plants, if the plant was in operation prior to 1975, and
if the person applying for a deferral (i) has consulted with
any collective bargaining unit that represents employees of
the plant on the proposed operation of the plant and the
terms and conditions of employment for wage and salaried
employees and (ii) has obtained a written concurrence from
the bargaining unit on the decision to apply for a deferral
under this chapter.
(5) "Manufacturing" means all activities of a commercial or industrial nature wherein labor or skill is applied, by
hand or machinery, to materials so that as a result thereof a
new, different, or useful substance or article of tangible
personal property is produced for sale or commercial or
industrial use and includes the production or fabrication of
specially made or custom-made articles.
(6) "Research and development" means the development, refinement, testing, marketing, and commercialization
of a product, service, or process before commercial sales
have begun.
(7) "Buildings" means only those new structures used
for either manufacturing or research and development
activities, including plant offices and warehouses or other
facilities for the storage of raw materials or finished goods
if such facilities are an essential or an integral part of a
factory, mill, plant, or laboratory used for manufacturing or
research and development purposes. If a building is used
partly for manufacturing or research and development and
partly for other purposes, the applicable tax deferral shall be
determined by apportionment of the costs of construction
under rules adopted by the department.
(8) "Machinery and equipment" means all industrial and
research fixtures, equipment, and support facilities that are
an integral and necessary part of a manufacturing or research
and development operation. "Qualified machinery and
equipment" includes computers; software; data processing
equipment; laboratory equipment; manufacturing components
such as belts, pulleys, shafts, and moving parts; molds, tools,
and dies; operating structures; and all equipment used to
control or operate the machinery. For purposes of this
chapter, new machinery and equipment means either new to
the taxing jurisdiction of the state or new to the certificate
holder. Used machinery and equipment may be treated as
new equipment and machinery if the certificate holder either
brings the machinery and equipment into Washington or
makes a retail purchase of the machinery and equipment in
Washington or elsewhere.
(9) "Qualified employment position" means a permanent
full-time employee employed in the eligible investment
project during the entire tax year.
(10) "Recipient" means a person receiving a tax deferral
under this chapter.
[Title 82 RCW—page 265]
82.61.010
Title 82 RCW: Excise Taxes
(11) "Certificate holder" means an applicant to whom a
tax deferral certificate has been issued.
(12) "Operationally complete" means constructed or
improved to the point of being functionally useable for the
intended purpose.
(13) "Initiation of construction" means that date upon
which on-site construction commences. [1995 1st sp.s. c 3
§ 10; 1994 c 125 § 1; 1988 c 41 § 1; 1987 c 497 § 1; 1986
c 116 § 9; 1985 ex.s. c 2 § 1.]
taxes may be assessed and imposed for delinquent payments
under this chapter. The debt for deferred taxes is not
extinguished by insolvency or other failure of the recipient.
[1987 c 497 § 4; 1985 ex.s. c 2 § 5.]
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
Severability—1986 c 116: See RCW 82.62.900.
82.61.090 Applications and information subject to
disclosure. Applications and any other information received
by the department under this chapter shall not be confidential
and shall be subject to disclosure. [1987 c 49 § 2.]
82.61.030 Tax deferral—Eligibility. Except for
eligible projects within the definitions in RCW 82.61.010(4)
(c) or (d), a tax deferral certificate shall only be issued to
persons who, on June 14, 1985, are not engaged in manufacturing or research and development activities within this
state. For purposes of this section, a person shall not be
considered to be engaged in manufacturing or research and
development activities where the only activities performed
by such person in this state are sales, installation, repair, or
promotional activities in respect to products manufactured
outside this state. Any person who has succeeded by
merger, consolidation, incorporation or any other form or
change of identity to the business of a person engaged in
manufacturing or research and development activities in this
state on June 14, 1985, and any person who is a subsidiary
of a person engaged in manufacturing or research and development activities in this state on June 14, 1985, shall also
be ineligible to receive a tax deferral certificate. [1987 c
497 § 3; 1985 ex.s. c 2 § 3.]
82.61.050 Issuance of tax deferral certificate. The
department shall issue a sales and use tax deferral certificate
for state and local sales and use taxes due under chapters
82.08, 82.12, and 82.14 RCW on each eligible investment
project. The use of the certificate shall be governed by rules
established by the department. [1985 ex.s. c 2 § 4.]
82.61.060 Repayment schedule. (1) The recipient
shall begin paying the deferred taxes in the third year after
the date certified by the department as the date on which the
construction project is operationally complete or the plant
resumes operation, as appropriate. The first payment will be
due on December 31st of the third calendar year after such
certified date, with subsequent annual payments due on
December 31st of the following four years with amounts of
payment scheduled as follows:
Repayment Year
1
2
3
4
5
% of Deferred Tax Repaid
10%
15%
20%
25%
30%
(2) The department may authorize an accelerated
repayment schedule upon request of the recipient.
(3) Interest shall not be charged on any taxes deferred
under this chapter for the period of deferral, although all
other penalties and interest applicable to delinquent excise
[Title 82 RCW—page 266]
82.61.080 Applicability of general administrative
provisions. Chapter 82.32 RCW applies to the administration of this chapter. [1985 ex.s. c 2 § 7.]
82.61.900 Severability—1987 c 497. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1987 c 497 § 5.]
82.61.901 Severability—1988 c 41. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1988 c 41 § 6.]
Chapter 82.62
TAX CREDITS FOR ELIGIBLE BUSINESS
PROJECTS IN RURAL COUNTIES
Sections
82.62.010
82.62.020
82.62.030
82.62.045
82.62.050
82.62.060
82.62.070
82.62.080
82.62.090
82.62.900
82.62.901
Definitions.
Application for tax credits—Contents.
Allowance of tax credits—Limitations.
Tax credits for eligible business projects in designated community empowerment zones.
Tax credit recipients to report to department—Payment of
taxes and interest by ineligible recipients.
Employment and wage determinations.
Applicability of general administrative provisions.
Applications, reports, and other information subject to disclosure.
Eligibility to receive credit.
Severability—1986 c 116.
Effective date—1986 c 116 §§ 15-20.
82.62.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Applicant" means a person applying for a tax credit
under this chapter.
(2) "Department" means the department of revenue.
(3) "Eligible area" means an area as defined in RCW
82.60.020.
(4)(a) "Eligible business project" means manufacturing
or research and development activities which are conducted
by an applicant in an eligible area at a specific facility,
provided the applicant’s average full-time qualified employment positions at the specific facility will be at least fifteen
percent greater in the year for which the credit is being
sought than the applicant’s average full-time qualified
(2002 Ed.)
Tax Credits for Eligible Business Projects in Rural Counties
employment positions at the same facility in the immediately
preceding year.
(b) "Eligible business project" does not include any
portion of a business project undertaken by a light and
power business as defined in RCW 82.16.010(5) or that
portion of a business project creating qualified full-time
employment positions outside an eligible area.
(5) "Manufacturing" means the same as defined in RCW
82.04.120. "Manufacturing" also includes computer programming, the production of computer software, and other
computer-related services, and the activities performed by
research and development laboratories and commercial
testing laboratories.
(6) "Person" has the meaning given in RCW 82.04.030.
(7) "Qualified employment position" means a permanent
full-time employee employed in the eligible business project
during the entire tax year.
(8) "Tax year" means the calendar year in which taxes
are due.
(9) "Recipient" means a person receiving tax credits
under this chapter.
(10) "Research and development" means the development, refinement, testing, marketing, and commercialization
of a product, service, or process before commercial sales
have begun. As used in this subsection, "commercial sales"
excludes sales of prototypes or sales for market testing if the
total gross receipts from such sales of the product, service,
or process do not exceed one million dollars. [2001 c 320
§ 12; 1999 sp.s. c 9 § 3; 1999 c 164 § 305; 1996 c 290 § 5;
1994 sp.s. c 7 § 705; 1993 sp.s. c 25 § 410; 1988 c 42 § 17;
1986 c 116 § 15.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Intent—Severability—Effective date—1999 sp.s. c 9: See notes
following RCW 82.04.120.
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note
following RCW 82.60.020.
Finding—Intent—Severability—1994 sp.s. c 7: See notes following
RCW 43.70.540.
Severability—Effective dates—Part headings, captions not law—
1993 sp.s. c 25: See notes following RCW 82.04.230.
Severability—1988 c 42: See note following RCW 4.24.480.
82.62.020 Application for tax credits—Contents.
Application for tax credits under this chapter must be made
before the actual hiring of qualified employment positions.
The application shall be made to the department in a form
and manner prescribed by the department. The application
shall contain information regarding the location of the
business project, the applicant’s average employment, if any,
at the facility for the prior year, estimated or actual new
employment related to the project, estimated or actual wages
of employees related to the project, estimated or actual costs,
time schedules for completion and operation, and other
information required by the department. The department
shall rule on the application within sixty days. [1986 c 116
§ 16.]
(2002 Ed.)
82.62.010
82.62.030 Allowance of tax credits—Limitations.
(1) A person shall be allowed a credit against the tax due
under chapter 82.04 RCW as provided in this section. The
credit shall equal: (a) Four thousand dollars for each
qualified employment position with wages and benefits
greater than forty thousand dollars annually that is directly
created in an eligible business and (b) two thousand dollars
for each qualified employment position with wages and
benefits less than or equal to forty thousand dollars annually
that is directly created in an eligible business.
(2) The department shall keep a running total of all
credits allowed under this chapter during each fiscal year.
The department shall not allow any credits which would
cause the total to exceed seven million five hundred thousand dollars in any fiscal year. If all or part of an application for credit is disallowed under this subsection, the
disallowed portion shall be carried over to the next fiscal
year. However, the carryover into the next fiscal year is
only permitted to the extent that the cap for the next fiscal
year is not exceeded.
(3) No recipient may use the tax credits to decertify a
union or to displace existing jobs in any community in the
state.
(4) The credit may be used against any tax due under
chapter 82.04 RCW, and may be carried over until used. No
refunds may be granted for credits under this section. [2001
c 320 § 13; 1999 c 164 § 306; 1997 c 366 § 5; 1996 c 1 §
3; 1986 c 116 § 17.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
Savings—1999 c 164 §§ 301-303, 305, 306, and 601-603: See note
following RCW 82.60.020.
Intent—Goals—Severability—Captions and part headings not
law—1997 c 366: See notes following RCW 82.14.370.
Effective date—1996 c 1: See note following RCW 82.04.255.
82.62.045 Tax credits for eligible business projects
in designated community empowerment zones. (1) For
the purposes of this section "eligible area" also means a
designated community empowerment zone approved under
*RCW 43.63A.700.
(2) An eligible business project located within an
eligible area as defined in this section qualifies for a credit
under this chapter for those employees who at the time of
hire are residents of the community empowerment zone in
which the project is located, if the fifteen percent threshold
is met. As used in this subsection, "resident" means the
person makes his or her home in the community empowerment zone. A mailing address alone is insufficient to
establish that a person is a resident for the purposes of this
section.
(3) All other provisions and eligibility requirements of
this chapter apply to applicants eligible under this section.
[1999 c 164 § 307.]
*Reviser’s note: RCW 43.63A.700 was recodified as RCW
43.31C.020 pursuant to 2000 c 212 § 11.
Findings—Intent—Part headings and subheadings not law—
Effective date—Severability—1999 c 164: See notes following RCW
43.160.010.
[Title 82 RCW—page 267]
82.62.050
Title 82 RCW: Excise Taxes
82.62.050 Tax credit recipients to report to department—Payment of taxes and interest by ineligible
recipients. (1) Each recipient shall submit a report to the
department on January 31st following the year the application for credit was allowed. The report shall contain
information, as required by the department, from which the
department may determine whether the recipient is meeting
the requirements of this chapter. If the recipient fails to
submit a report or submits an inadequate report, the department may declare the amount of taxes for which a credit has
been used to be immediately assessed and payable. The
recipient must keep records, such as payroll records showing
the date of hire and employment security reports, to verify
eligibility under this section.
(2) If, on the basis of a report under this section or
other information, the department finds that a business
project is not eligible for tax credit under this chapter for
reasons other than failure to create the required number of
qualified employment positions, the amount of taxes for
which a credit has been used for the project shall be immediately due.
(3) If, on the basis of a report under this section or
other information, the department finds that a business
project has failed to create the specified number of qualified
employment positions, the department shall assess interest,
but not penalties, on the credited taxes for which a credit has
been used for the project. The interest shall be assessed at
the rate provided for delinquent excise taxes, shall be
assessed retroactively to the date of the tax credit, and shall
accrue until the taxes for which a credit has been used are
repaid. [2001 c 320 § 14; 1986 c 116 § 18.]
Effective date—2001 c 320: See note following RCW 11.02.005.
82.62.060 Employment and wage determinations.
The employment security department shall make, and certify
to the department of revenue, all determinations of employment and wages requested by the department under this
chapter. [2000 c 106 § 7; 1986 c 116 § 19.]
Effective date—2000 c 106: See note following RCW 82.32.330.
82.62.070 Applicability of general administrative
provisions. Chapter 82.32 RCW applies to the administration of this chapter. [1986 c 116 § 20.]
82.62.080 Applications, reports, and other information subject to disclosure. Applications, reports, and any
other information received by the department under this
chapter shall not be confidential and shall be subject to disclosure. [1987 c 49 § 3.]
82.62.090 Eligibility to receive credit. (Expires
December 31, 2003.) (1) A person is not eligible to receive
a credit under this chapter if the person is receiving credit
for the same position under RCW 82.04.44525 or
82.04.4456.
(2) This section expires December 31, 2003. [2000 c
106 § 9; 2000 c 103 § 19; 1999 c 311 § 304.]
Effective date—2000 c 106: See note following RCW 82.32.330.
Part headings and subheadings not law—Effective date—
Severability—1999 c 311: See notes following RCW 82.14.370.
Savings—1999 c 311: See note following RCW 82.04.4456.
[Title 82 RCW—page 268]
82.62.900 Severability—1986 c 116. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1986 c 116 § 23.]
82.62.901 Effective date—1986 c 116 §§ 15-20.
Sections 15 through 20 of this act are necessary for the
immediate preservation of the public peace, health, and
safety, the support of the state government and its existing
public institutions, and shall take effect April 1, 1986. [1986
c 116 § 24.]
Chapter 82.63
TAX DEFERRALS FOR HIGH
TECHNOLOGY BUSINESSES
Sections
82.63.005
82.63.010
82.63.020
82.63.030
82.63.045
82.63.060
82.63.070
82.63.900
Findings—Intent to create a contract.
Definitions.
Application—Assessment reports.
Sales and use tax deferral certificate—Eligible investment
projects and pilot scale manufacturing.
Repayment not required—Repayment schedule for unqualified investment project—Exceptions.
Administration.
Public disclosure.
Effective date—1994 sp.s. c 5.
82.63.005 Findings—Intent to create a contract.
The legislature finds that high-wage, high-skilled jobs are
vital to the economic health of the state’s citizens, and that
targeted tax incentives will encourage the formation of highwage, high-skilled jobs. The legislature also finds that tax
incentives should be subject to the same rigorous requirements for efficiency and accountability as are other expenditure programs, and that tax incentives should therefore be
focused to provide the greatest possible return on the state’s
investment.
The legislature also finds that high-technology businesses are a vital and growing source of high-wage, high-skilled
jobs in this state, and that the high-technology sector is a key
component of the state’s effort to encourage economic
diversification. However, the legislature finds that many
high-technology businesses incur significant costs associated
with research and development and pilot scale manufacturing
many years before a marketable product can be produced,
and that current state tax policy discourages the growth of
these companies by taxing them long before they become
profitable.
The legislature further finds that stimulating growth of
high-technology businesses early in their development cycle,
when they are turning ideas into marketable products, will
build upon the state’s established high-technology base,
creating additional research and development jobs and
subsequent manufacturing facilities.
For these reasons, the legislature hereby establishes a
program of business and occupation tax credits for qualified
research and development expenditures. The legislature also
hereby establishes a tax deferral program for high-technology
research and development and pilot scale manufacturing facilities. The legislature declares that these limited programs
(2002 Ed.)
Tax Deferrals for High Technology Businesses
serve the vital public purpose of creating employment
opportunities in this state. The legislature further declares its
intent to create a contract within the meaning of Article I,
section 23 of the state Constitution as to those businesses
that make capital investments in consideration of the tax
deferral program established in this chapter. [1994 sp.s. c 5
§ 1.]
82.63.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Advanced computing" means technologies used in
the designing and developing of computing hardware and
software, including innovations in designing the full spectrum of hardware from hand-held calculators to super
computers, and peripheral equipment.
(2) "Advanced materials" means materials with engineered properties created through the development of
specialized processing and synthesis technology, including
ceramics, high value-added metals, electronic materials,
composites, polymers, and biomaterials.
(3) "Applicant" means a person applying for a tax
deferral under this chapter.
(4) "Biotechnology" means the application of technologies, such as recombinant DNA techniques, biochemistry,
molecular and cellular biology, genetics and genetic engineering, cell fusion techniques, and new bioprocesses, using
living organisms, or parts of organisms, to produce or
modify products, to improve plants or animals, to develop
microorganisms for specific uses, to identify targets for small
molecule pharmaceutical development, or to transform
biological systems into useful processes and products or to
develop microorganisms for specific uses.
(5) "Department" means the department of revenue.
(6) "Electronic device technology" means technologies
involving microelectronics; semiconductors; electronic
equipment and instrumentation; radio frequency, microwave,
and millimeter electronics; optical and optic-electrical
devices; and data and digital communications and imaging
devices.
(7) "Eligible investment project" means an investment
project which either initiates a new operation, or expands or
diversifies a current operation by expanding, renovating, or
equipping an existing facility. The lessor or owner of the
qualified building is not eligible for a deferral unless the
underlying ownership of the buildings, machinery, and
equipment vests exclusively in the same person, or unless
the lessor by written contract agrees to pass the economic
benefit of the deferral to the lessee in the form of reduced
rent payments.
(8) "Environmental technology" means assessment and
prevention of threats or damage to human health or the
environment, environmental cleanup, and the development of
alternative energy sources.
(9) "Investment project" means an investment in
qualified buildings or qualified machinery and equipment,
including labor and services rendered in the planning,
installation, and construction or improvement of the project.
(10) "Person" has the meaning given in RCW 82.04.030.
(11) "Pilot scale manufacturing" means design, construction, and testing of preproduction prototypes and models in
(2002 Ed.)
82.63.005
the fields of biotechnology, advanced computing, electronic
device technology, advanced materials, and environmental
technology other than for commercial sale. As used in this
subsection, "commercial sale" excludes sales of prototypes
or sales for market testing if the total gross receipts from
such sales of the product, service, or process do not exceed
one million dollars.
(12) "Qualified buildings" means construction of new
structures, and expansion or renovation of existing structures
for the purpose of increasing floor space or production
capacity used for pilot scale manufacturing or qualified
research and development, including plant offices and other
facilities that are an essential or an integral part of a structure used for pilot scale manufacturing or qualified research
and development. If a building is used partly for pilot scale
manufacturing or qualified research and development, and
partly for other purposes, the applicable tax deferral shall be
determined by apportionment of the costs of construction
under rules adopted by the department.
(13) "Qualified machinery and equipment" means
fixtures, equipment, and support facilities that are an integral
and necessary part of a pilot scale manufacturing or qualified
research and development operation. "Qualified machinery
and equipment" includes: Computers; software; data
processing equipment; laboratory equipment, instrumentation,
and other devices used in a process of experimentation to
develop a new or improved pilot model, plant process, product, formula, invention, or similar property; manufacturing
components such as belts, pulleys, shafts, and moving parts;
molds, tools, and dies; vats, tanks, and fermenters; operating
structures; and all other equipment used to control, monitor,
or operate the machinery. For purposes of this chapter,
qualified machinery and equipment must be either new to the
taxing jurisdiction of the state or new to the certificate
holder, except that used machinery and equipment may be
treated as qualified machinery and equipment if the certificate holder either brings the machinery and equipment into
Washington or makes a retail purchase of the machinery and
equipment in Washington or elsewhere.
(14) "Qualified research and development" means
research and development performed within this state in the
fields of advanced computing, advanced materials, biotechnology, electronic device technology, and environmental
technology.
(15) "Recipient" means a person receiving a tax deferral
under this chapter.
(16) "Research and development" means activities
performed to discover technological information, and
technical and nonroutine activities concerned with translating
technological information into new or improved products,
processes, techniques, formulas, inventions, or software. The
term includes exploration of a new use for an existing drug,
device, or biological product if the new use requires separate
licensing by the federal food and drug administration under
chapter 21, C.F.R., as amended. The term does not include
adaptation or duplication of existing products where the
products are not substantially improved by application of the
technology, nor does the term include surveys and studies,
social science and humanities research, market research or
testing, quality control, sale promotion and service, computer
software developed for internal use, and research in areas
[Title 82 RCW—page 269]
82.63.010
Title 82 RCW: Excise Taxes
such as improved style, taste, and seasonal design. [1995 1st
sp.s. c 3 § 12; 1994 sp.s. c 5 § 3.]
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
82.63.020 Application—Assessment reports.
Application for deferral of taxes under this chapter must be
made before initiation of construction of, or acquisition of
equipment or machinery for the investment project. The
application shall be made to the department in a form and
manner prescribed by the department. The application shall
contain information regarding the location of the investment
project, the applicant’s average employment in the state for
the prior year, estimated or actual new employment related
to the project, estimated or actual wages of employees
related to the project, estimated or actual costs, time schedules for completion and operation, and other information required by the department. The department shall rule on the
application within sixty days.
Applicants for deferral of taxes under this chapter shall
agree to supply the department with nonproprietary information necessary to measure the results of the tax deferral
program for high-technology research and development and
pilot scale manufacturing facilities. The department shall
use the information to perform three assessments on the tax
deferral program authorized under this chapter. The assessments will take place in 1997, 2000, and 2003. The department shall prepare reports on each assessment and deliver
their reports by September 1, 1997, September 1, 2000, and
September 1, 2003. The assessments shall measure the
effect of the program on job creation, the number of jobs
created for Washington residents, company growth, the
introduction of new products, the diversification of the
state’s economy, growth in research and development investment, the movement of firms or the consolidation of firms’
operations into the state, and such other factors as the
department selects. [1994 sp.s. c 5 § 4.]
project is used for purposes other than qualified research and
development or pilot scale manufacturing at any time during
the calendar year in which the investment project is certified
by the department as having been operationally completed,
or at any time during any of the seven succeeding calendar
years, a portion of deferred taxes shall be immediately due
according to the following schedule:
Year in which use occurs
1
2
3
4
5
6
7
8
% of deferred taxes due
100%
87.5%
75%
62.5%
50%
37.5%
25%
12.5%
The department shall assess interest at the rate provided for
delinquent taxes, but not penalties, retroactively to the date
of deferral. The debt for deferred taxes will not be extinguished by insolvency or other failure of the recipient.
Transfer of ownership does not terminate the deferral. The
deferral is transferred, subject to the successor meeting the
eligibility requirements of this chapter, for the remaining
periods of the deferral.
(3) Notwithstanding subsection (2) of this section,
deferred taxes on the following need not be repaid:
(a) Machinery and equipment, and sales of or charges
made for labor and services, which at the time of purchase
would have qualified for exemption under RCW
82.08.02565; and
(b) Machinery and equipment which at the time of first
use would have qualified for exemption under RCW
82.12.02565. [2000 c 106 § 10; 1995 1st sp.s. c 3 § 13.]
Effective date—2000 c 106: See note following RCW 82.32.330.
Findings—Effective date—1995 1st sp.s. c 3: See notes following
RCW 82.08.02565.
82.63.030 Sales and use tax deferral certificate—
Eligible investment projects and pilot scale manufacturing. (Expires July 1, 2004.) (1) Except as provided in
subsection (2) of this section, the department shall issue a
sales and use tax deferral certificate for state and local sales
and use taxes due under chapters 82.08, 82.12, and 82.14
RCW on each eligible investment project.
(2) No certificate may be issued for an investment
project that has already received a deferral under chapter
82.60 or 82.61 RCW or this chapter, except that an investment project for qualified research and development that has
already received a deferral may also receive an additional
deferral certificate for adapting the investment project for use
in pilot scale manufacturing.
(3) This section shall expire July 1, 2004. [1994 sp.s.
c 5 § 5.]
82.63.060 Administration. Chapter 82.32 RCW
applies to the administration of this chapter. [1994 sp.s. c 5
§ 8.]
82.63.045 Repayment not required—Repayment
schedule for unqualified investment project—Exceptions.
(1) Except as provided in subsection (2) of this section, taxes
deferred under this chapter need not be repaid.
(2) If, on the basis of a report under RCW 82.63.020 or
other information, the department finds that an investment
Sections
82.64.010
82.64.020
[Title 82 RCW—page 270]
82.63.070 Public disclosure. Applications and other
information received by the department under this chapter
are not confidential and are subject to disclosure. [1994
sp.s. c 5 § 9.]
82.63.900 Effective date—1994 sp.s. c 5. This act
shall take effect January 1, 1995. [1994 sp.s. c 5 § 12.]
Chapter 82.64
SYRUP TAX
(Formerly: Carbonated beverage tax)
82.64.030
82.64.040
82.64.050
82.64.901
Definitions.
Tax imposed—Wholesale, retail—Revenue deposited in
violence reduction and drug enforcement account.
Exemptions.
Credit against tax.
Wholesaler to collect tax from buyer.
Effective dates—1989 c 271.
(2002 Ed.)
Syrup Tax
82.64.902
Severability—1989 c 271.
82.64.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Carbonated beverage" has its ordinary meaning and
includes any nonalcoholic liquid intended for human consumption which contains carbon dioxide, whether carbonation is obtained by natural or artificial means.
(2) "Previously taxed syrup" means syrup in respect to
which a tax has been paid under this chapter.
(3) "Syrup" means a concentrated liquid which is added
to carbonated water to produce a carbonated beverage.
(4) Except for terms defined in this section, the definitions in chapters 82.04, 82.08, and 82.12 RCW apply to this
chapter. [1994 sp.s. c 7 § 905 (Referendum Bill No. 43,
approved November 8, 1994); 1991 c 80 § 1; 1989 c 271 §
505.]
Construction—1994 sp.s. c 7 §§ 905-908: "Sections 905 through
908, chapter 7, Laws of 1994 sp. sess. shall not be construed as affecting
any existing right acquired or liability or obligation incurred, nor as
affecting any proceeding instituted under those sections, before July 1,
1995." [1994 sp.s. c 7 § 912 (Referendum Bill No. 43, approved November
8, 1994).]
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See
note following RCW 66.24.210.
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Policy—1991 c 80: "The taxes imposed in this act are intended to
raise revenue for the enforcement of the drug laws of the state. It is the
policy of the state to actively combat the problem of drug abuse by
aggressive enforcement of the state’s drug laws and by extensive promotion
of public education programs designed to increase public and consumer
awareness of the state’s drug problem and its enforcement measures."
[1991 c 80 § 6.]
Savings—1991 c 80: "The amendatory sections of this act shall not
be construed as affecting any existing right acquired or liability or
obligation incurred under those sections as they existed before this act or
under any rule or order adopted under those sections, nor as affecting any
proceeding instituted under those sections." [1991 c 80 § 8.]
Effective date—1991 c 80: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect June 1,
1991." [1991 c 80 § 9.]
82.64.020 Tax imposed—Wholesale, retail—
Revenue deposited in violence reduction and drug
enforcement account. (1) A tax is imposed on each sale at
wholesale of syrup in this state. The rate of the tax shall be
equal to one dollar per gallon. Fractional amounts shall be
taxed proportionally.
(2) A tax is imposed on each sale at retail of syrup in
this state. The rate of the tax shall be equal to the rate
imposed under subsection (1) of this section.
(3) Moneys collected under this chapter shall be
deposited in the violence reduction and drug enforcement
account under RCW 69.50.520.
(4) Chapter 82.32 RCW applies to the taxes imposed in
this chapter. The tax due dates, reporting periods, and return
requirements applicable to chapter 82.04 RCW apply equally
to the taxes imposed in this chapter. [1994 sp.s. c 7 § 906
(Referendum Bill No. 43, approved November 8, 1994);
1991 c 80 § 2; 1989 c 271 § 506.]
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See
note following RCW 66.24.210.
(2002 Ed.)
Chapter 82.64
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Construction—1994 sp.s. c 7 §§ 905-908: See note following RCW
82.64.010.
Policy—Savings—Effective date—1991 c 80: See notes following
RCW 82.64.010.
82.64.030 Exemptions. The following are exempt
from the taxes imposed in this chapter:
(1) Any successive sale of a previously taxed syrup.
(2) Any syrup that is transferred to a point outside the
state for use outside the state. The department shall provide
by rule appropriate procedures and exemption certificates for
the administration of this exemption.
(3) Any sale at wholesale of a trademarked syrup by
any person to a person commonly known as a bottler who is
appointed by the owner of the trademark to manufacture,
distribute, and sell such trademarked syrup within a specified
geographic territory.
(4) Any sale of syrup in respect to which a tax on the
privilege of possession was paid under this chapter before
June 1, 1991. [1994 sp.s. c 7 § 907 (Referendum Bill No.
43, approved November 8, 1994); 1991 c 80 § 3; 1989 c 271
§ 507.]
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See
note following RCW 66.24.210.
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Construction—1994 sp.s. c 7 §§ 905-908: See note following RCW
82.64.010.
Policy—Savings—Effective date—1991 c 80: See notes following
RCW 82.64.010.
82.64.040 Credit against tax. (1) Credit shall be
allowed, in accordance with rules of the department, against
the taxes imposed in this chapter for any syrup tax paid to
another state with respect to the same syrup. The amount of
the credit shall not exceed the tax liability arising under this
chapter with respect to that syrup.
(2) For the purpose of this section:
(a) "Syrup tax" means a tax:
(i) That is imposed on the sale at wholesale of syrup
and that is not generally imposed on other activities or
privileges; and
(ii) That is measured by the volume of the syrup.
(b) "State" means (i) a state of the United States other
than Washington, or any political subdivision of such other
state, (ii) the District of Columbia, and (iii) any foreign
country or political subdivision thereof. [1994 sp.s. c 7 §
908 (Referendum Bill No. 43, approved November 8, 1994);
1991 c 80 § 7; 1989 c 271 § 508.]
Contingent partial referendum—1994 sp.s. c 7 §§ 901-909: See
note following RCW 66.24.210.
Finding—Intent—Severability—Effective dates—Contingent
expiration date—1994 sp.s. c 7: See notes following RCW 43.70.540.
Construction—1994 sp.s. c 7 §§ 905-908: See note following RCW
82.64.010.
Policy—Savings—Effective date—1991 c 80: See notes following
RCW 82.64.010.
82.64.050 Wholesaler to collect tax from buyer. (1)
The tax imposed in RCW 82.64.020(1) shall be paid by the
buyer to the wholesaler and each wholesaler shall collect
[Title 82 RCW—page 271]
82.64.050
Title 82 RCW: Excise Taxes
from the buyer the full amount of the tax payable in respect
to each taxable sale, unless the wholesaler is prohibited from
collecting the tax from the buyer under the Constitution of
this state or the Constitution or laws of the United States.
Regardless of the obligation to collect the tax from the
buyer, the wholesaler is liable to the state for the amount of
the tax. The tax imposed in RCW 82.64.020(2) shall be
paid by the retailer. The buyer is not obligated to pay or
report to the department the taxes imposed in RCW
82.64.020.
(2) The tax required to be collected by the wholesaler
shall be stated separately from the selling price in any sales
invoice or other instrument of sale.
(3) Any wholesaler who fails or refuses to collect tax
under this section, with intent to violate the provisions of
this chapter or to gain some advantage or benefit, either
direct or indirect, is guilty of a misdemeanor.
(4) The amount of tax required to be collected under
this section shall constitute a debt from the buyer to the
wholesaler until paid by the buyer to the wholesaler. [1991
c 80 § 4.]
82.65A.020 Definitions. (Contingent expiration
date.) Unless the context clearly requires otherwise, the
definitions in this section apply throughout this chapter.
(1) "Gross income" means all income from whatever
source derived, including but not limited to gross income of
the business as defined in RCW 82.04.080 and moneys
received from state appropriations.
(2) "Intermediate care facility for the mentally retarded"
means an intermediate care facility certified by the department of social and health services and the federal department
of health and human services to provide residential care
under 42 U.S.C. Sec. 1396d(d). [1992 c 80 § 2.]
Policy—Savings—Effective date—1991 c 80: See notes following
RCW 82.64.010.
82.65A.030 Tax imposed. (Contingent effective date
and contingent expiration date.) In addition to any other
tax, a tax is imposed on every intermediate care facility for
the mentally retarded for the act or privilege of engaging in
business within this state. The tax is equal to the gross
income attributable to services for the mentally retarded,
multiplied by the rate of six percent. [1993 c 276 § 1; 1992
c 80 § 3.]
82.64.901 Effective dates—1989 c 271. See note
following RCW 66.28.200.
82.64.902 Severability—1989 c 271. See note
following RCW 9.94A.510.
Chapter 82.65A
INTERMEDIATE CARE FACILITIES FOR THE
MENTALLY RETARDED
Sections
82.65A.010
82.65A.020
82.65A.030
82.65A.040
82.65A.900
82.65A.901
Expiration date defined.
Definitions.
Tax imposed.
Administration.
Expiration date—Savings—Application—1992 c 80.
Effective date—1992 c 80.
82.65A.010 Expiration date defined. As used in this
chapter, "expiration date" means the earliest of:
(1) The effective date that federal medicaid matching
funds for the purposes specified in *section 7 of this act
become unavailable or are substantially reduced, as such date
is certified by the secretary of social and health services;
(2) The effective date that federal medicaid matching
funds for the purposes specified in *section 7 of this act
become unavailable or are substantially reduced, as determined by a permanent injunction, court order, or final
court decision; or
(3) The effective date of a permanent injunction, court
order, or final court decision that prohibits in whole or in
part the collection of taxes under RCW 82.65A.030. [1992
c 80 § 1.]
*Reviser’s note: "Section 7 of this act" was originally an appropriation section, however a senate amendment removed the appropriation
section, and the corresponding internal and substantive references were not
corrected.
[Title 82 RCW—page 272]
82.65A.030 Tax imposed. (Contingent expiration
date.) In addition to any other tax, a tax is imposed on
every intermediate care facility for the mentally retarded for
the act or privilege of engaging in business within this state.
The tax is equal to the gross income attributable to services
for the mentally retarded, multiplied by the rate of fifteen
percent. [1992 c 80 § 3.]
Contingent effective date—1993 c 276: "This act is necessary for
the immediate preservation of the public peace, health, or safety, or support
of the state government and its existing public institutions, and shall take
effect on such date as shall be certified by the secretary of social and health
services by which states must modify health care related taxes to prevent the
loss of federal medicaid participation in the cost of the tax." [1993 c 276
§ 2.]
82.65A.040 Administration. (Contingent expiration
date.) Chapter 82.32 RCW applies to the tax imposed in
this chapter. The tax due dates, reporting periods, and return
requirements applicable to chapter 82.04 RCW apply equally
to the tax imposed in this chapter, except the department
may not permit returns for taxes under this chapter to cover
periods longer than one month. The appropriations in
*section 7 of this act shall not be construed as modifying in
any manner the obligation of the taxpayer to pay taxes on an
accrual basis as ordinarily required under chapter 82.04
RCW. [1992 c 80 § 4.]
*Reviser’s note: See note following RCW 82.65A.010.
82.65A.900
Expiration date—Savings—
Application—1992 c 80. (1) RCW 82.65A.020 through
82.65A.040 shall expire on the expiration date determined
under RCW 82.65A.010.
(2) The expiration of RCW 82.65A.020 through
82.65A.040 shall not be construed as affecting any existing
right acquired or liability or obligation incurred under those
sections or under any rule or order adopted under those
sections, nor as affecting any proceeding instituted under
those sections.
(3) Taxes that have been paid under RCW 82.65A.020
through 82.65A.040, but are properly attributable to taxable
(2002 Ed.)
Intermediate Care Facilities for the Mentally Retarded
events occurring after the expiration of those sections, shall
be credited or refunded as provided in RCW 82.32.060.
[1992 c 80 § 6.]
82.65A.901 Effective date—1992 c 80. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect April 1,
1992. [1992 c 80 § 7.]
Chapter 82.66
TAX DEFERRALS FOR NEW THOROUGHBRED
RACE TRACKS
Sections
82.66.010
82.66.020
82.66.040
82.66.050
82.66.060
82.66.900
82.66.901
Definitions.
Application for deferral—Contents—Ruling.
Repayment schedule—Interest, penalties.
Applications not confidential.
Administration.
Severability—1995 c 352.
Effective date—1995 c 352.
82.66.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Applicant" means a person applying for a tax
deferral under this chapter.
(2) "Person" has the meaning given in RCW 82.04.030.
(3) "Department" means the department of revenue.
(4) "Investment project" means construction of buildings, site preparation, and the acquisition of related machinery and equipment when the buildings, machinery, and
equipment are to be used in the operation of a new thoroughbred race track.
(5) "New thoroughbred race track" means a site for
thoroughbred horse racing located west of the Cascade
mountains on which construction is commenced prior to July
1, 1998.
(6) "Buildings" means only those new structures such as
ticket offices, concession areas, grandstands, stables, and
other structures that are an essential or an integral part of a
thoroughbred race track. If a building is used partly for use
as an essential or integral part of a thoroughbred race track
and partly for other purposes, the applicable tax deferral
shall be determined by apportionment of the costs of
construction under rules adopted by the department.
(7) "Machinery and equipment" means all fixtures,
equipment, and support facilities that are an integral and
necessary part of a thoroughbred race track.
(8) "Recipient" means a person receiving a tax deferral
under this chapter.
(9) "Certificate holder" means an applicant to whom a
tax deferral certificate has been issued.
(10) "Operationally complete" means constructed or
improved to the point of being functionally useable for
thoroughbred horse racing.
(11) "Initiation of construction" means that date upon
which on-site construction commences. [1995 c 352 § 1.]
(2002 Ed.)
82.65A.900
82.66.020 Application for deferral—Contents—
Ruling. Application for deferral of taxes under this chapter
shall be made to the department in a form and manner
prescribed by the department. The application shall contain
information regarding the location of the investment project,
estimated or actual costs, time schedules for completion and
operation, and other information required by the department.
The department shall rule on the application within sixty
days. [1995 c 352 § 2.]
82.66.040 Repayment schedule—Interest, penalties.
(1) The recipient shall begin paying the deferred taxes in the
tenth year after the date certified by the department as the
date on which the investment project is operationally
complete. The first payment is due on December 31st of the
tenth calendar year after such certified date, with subsequent
annual payments due on December 31st of the following
nine years with amounts of payment scheduled as follows:
Repayment Year
1
2
3
4
5
6
7
8
9
10
% of Deferred Tax Repaid
10%
10%
10%
10%
10%
10%
10%
10%
10%
10%
(2) The department may authorize an accelerated
repayment schedule upon request of the recipient.
(3) Interest shall not be charged on any taxes deferred
under this chapter for the period of deferral, although all
other penalties and interest applicable to delinquent excise
taxes may be assessed and imposed for delinquent payments
under this chapter. The debt for deferred taxes is not
extinguished by insolvency or other failure of the recipient.
[1998 c 339 § 1; 1995 c 352 § 4.]
82.66.050 Applications not confidential. Applications and any other information received by the department
under this chapter is not confidential and is subject to
disclosure. [1995 c 352 § 6.]
82.66.060 Administration. Chapter 82.32 RCW
applies to the administration of this chapter. [1995 c 352 §
5.]
82.66.900 Severability—1995 c 352. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1995 c 352 § 7.]
82.66.901 Effective date—1995 c 352. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and shall take effect immediately
[May 16, 1995]. [1995 c 352 § 9.]
[Title 82 RCW—page 273]
Chapter 82.67
Title 82 RCW: Excise Taxes
Chapter 82.67
COMMUTE TRIP REDUCTION INCENTIVES
Sections
82.67.005
82.67.010
82.67.020
82.67.030
82.67.040
82.67.050
82.67.900
82.67.901
Definitions.
Tax credit authorized.
Application for tax credit.
Tax credit limitations.
Transfer from multimodal transportation account to general
fund.
Commute trip reduction task force report.
Expiration of chapter.
Effective date—2002 c 203.
82.67.005 Definitions. (Effective January 1, 2003,
until June 30, 2012.) The definitions in this section apply
throughout this chapter and RCW 70.94.995 unless the
context clearly requires otherwise.
(1) "Public agency" means any county, city, or other
local government agency or any state government agency,
board, or commission.
(2) "Public transportation" means the same as "public
transportation service" as defined in RCW 36.57A.010 and
includes passenger services of the Washington state ferries.
(3) "Nonmotorized commuting" means commuting to
and from the workplace by an employee by walking or
running or by riding a bicycle or other device not powered
by a motor.
(4) "Ride sharing" means the same as "commuter ride
sharing" as defined in RCW 46.74.010, including ride
sharing on Washington state ferries.
(5) "Car sharing" means a membership program intended to offer an alternative to car ownership under which
persons or entities that become members are permitted to use
vehicles from a fleet on an hourly basis. [2002 c 203 § 1.]
82.67.010 Tax credit authorized. (Effective January
1, 2003, until June 30, 2012.) (1) Employers in this state
who are taxable under chapter 82.04 or 82.16 RCW and
provide financial incentives to their own or other employees
for ride sharing, for using public transportation, for using car
sharing, or for using nonmotorized commuting before June
30, 2012, are allowed a credit against taxes payable under
chapter 82.04 or 82.16 RCW for amounts paid to or on
behalf of employees for ride sharing in vehicles carrying two
or more persons, for using public transportation, for using
car sharing, or for using nonmotorized commuting, not to
exceed sixty dollars per employee per year.
(2) Property managers who are taxable under chapter
82.04 or 82.16 RCW and provide financial incentives to
persons employed at a worksite in this state managed by the
property manager for ride sharing, for using public transportation, for using car sharing, or for using nonmotorized
commuting before June 30, 2012, are allowed a credit
against taxes payable under chapter 82.04 or 82.16 RCW for
amounts paid to or on behalf of these persons for ride
sharing in vehicles carrying two or more persons, for using
public transportation, for using car sharing, or for using
nonmotorized commuting, not to exceed sixty dollars per
person per year. A person may not take a credit under this
section for amounts claimed for credit by other persons.
(3) The credit under this section is equal to the amount
paid to or on behalf of each employee multiplied by fifty
[Title 82 RCW—page 274]
percent, but may not exceed sixty dollars per employee per
year. The credit may not exceed the amount of tax that
would otherwise be due under chapter 82.04 or 82.16 RCW.
(4) A person may not receive credit under this section
for amounts paid to or on behalf of the same employee
under both chapters 82.04 and 82.16 RCW. [2002 c 203 §
2.]
82.67.020 Application for tax credit. (Effective
January 1, 2003, until June 30, 2012.) (1) Application for
tax credit under RCW 82.67.010 may only be made in the
form and manner prescribed in rules adopted by the department.
(2) The credit under this section must be taken against
taxes due for the same calendar year in which the amounts
for which credit is claimed were paid to or on behalf of
employees for ride sharing, for using public transportation,
for using car sharing, or for using nonmotorized commuting
and must be claimed by the due date of the last tax return
for the calendar year in which the payment is made.
(3) Any person who knowingly makes a false statement
of a material fact in the application for a credit under RCW
82.67.010 is guilty of a gross misdemeanor. [2002 c 203 §
3.]
82.67.030 Tax credit limitations. (Effective January
1, 2003, until June 30, 2012.) (1) The department shall
keep a running total of all credits granted under RCW
82.67.010 and all grants provided under RCW 70.94.995
during each calendar year. The department shall disallow
any credits that would cause the tabulation for credits and
grants in any legislative biennium, or portion thereof, to
exceed the following levels: 2001-2003 - two million
dollars; 2003-2005 - three million dollars; 2005-2007 - five
million dollars; 2007-2009 - eight million dollars; 2009-2011
- eight million dollars; 2012 - four million dollars.
(2) No person is eligible for tax credits under RCW
82.67.010 in excess of one hundred thousand dollars in any
calendar year.
(3) No person is eligible for tax credits under RCW
82.67.010 in excess of the amount of tax that would otherwise be due under chapter 82.04 or 82.16 RCW.
(4) No portion of an application for credit disallowed
under this section may be carried back or carried forward.
(5) No person is eligible for both grants provided under
RCW 70.94.995 and tax credits under RCW 82.67.010
within the same calendar year. [2002 c 203 § 4.]
82.67.040 Transfer from multimodal transportation
account to general fund. (Effective January 1, 2003, until
June 30, 2012.) (1) The director shall on the 25th of
February, May, August, and November of each year advise
the state treasurer of the amount of credit taken under RCW
82.67.010 during the preceding calendar quarter ending on
the last day of December, March, June, and September,
respectively.
(2) On the 1st of April, July, October, and January of
each year, the state treasurer based upon information
provided by the department shall deposit to the general fund
a sum equal to the dollar amount of the credit provided
(2002 Ed.)
Commute Trip Reduction Incentives
under RCW 82.67.010 from the multimodal transportation
account. [2002 c 203 § 5.]
82.67.050 Commute trip reduction task force
report. (Effective January 1, 2003, until June 30, 2012.)
The commute trip reduction task force shall determine the
effectiveness of the tax credit under RCW 82.67.010 as part
of its ongoing evaluation of the commute trip reduction law
and report to the legislative transportation committee and to
the fiscal committees of the house of representatives and the
senate. The report must include information on the amount
of tax credits claimed to date and recommendations on future
funding for the tax credit program. The report must be
incorporated into the recommendations required in RCW
70.94.537(5). [2002 c 203 § 6.]
82.67.900 Expiration of chapter. This chapter
expires June 30, 2012. [2002 c 203 § 7.]
82.67.901 Effective date—2002 c 203. This act takes
effect January 1, 2003. [2002 c 203 § 12.]
Chapter 82.80
LOCAL OPTION TRANSPORTATION TAXES
Sections
82.80.005
82.80.010
82.80.020
82.80.030
82.80.040
82.80.050
82.80.060
82.80.070
82.80.080
82.80.090
82.80.100
82.80.900
"District" defined.
Motor vehicle and special fuel tax.
Vehicle license fee—Exemptions—Limitations.
Commercial parking tax.
Street utility—Establishment.
Street utility—Charges, credits.
Use of other proceeds by utility.
Use of revenues.
Distribution of taxes.
Referendum.
Regional transportation investment district—Local option
vehicle license fee.
Purpose—Headings—Severability—Effective dates—
Application—Implementation—1990 c 42.
82.80.005 "District" defined. For the purposes of
this chapter, "district" means a regional transportation
investment district created under chapter 36.120 RCW.
[2002 c 56 § 415.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
82.80.010 Motor vehicle and special fuel tax. (1)
Subject to the conditions of this section, any county may
levy, by approval of its legislative body and a majority of
the registered voters of the county voting on the proposition
at a general or special election, additional excise taxes equal
to ten percent of the statewide motor vehicle fuel tax rate
under RCW 82.36.025 on each gallon of motor vehicle fuel
as defined in RCW 82.36.010 and on each gallon of special
fuel as defined in RCW 82.38.020 sold within the boundaries
of the county. Vehicles paying an annual license fee under
RCW 82.38.075 are exempt from the county fuel excise tax.
An election held under this section must be held not more
than twelve months before the date on which the proposed
tax is to be levied. The ballot setting forth the proposition
(2002 Ed.)
82.67.040
shall state the tax rate that is proposed. The county’s
authority to levy additional excise taxes under this section
includes the incorporated and unincorporated areas of the
county. The additional excise taxes are subject to the same
exceptions and rights of refund as applicable to other motor
vehicle fuel and special fuel excise taxes levied under
chapters 82.36 and 82.38 RCW. The proposed tax shall not
be levied less than one month from the date the election
results are certified by the county election officer. The commencement date for the levy of any tax under this section
shall be the first day of January, April, July, or October.
(2) Every person subject to the tax shall pay, in addition
to any other taxes provided by law, an additional excise tax
to the director of licensing at the rate levied by a county
exercising its authority under this section.
(3) The state treasurer shall distribute monthly to the
levying county and cities contained therein the proceeds of
the additional excise taxes collected under this section, after
the deductions for payments and expenditures as provided in
*RCW 46.68.090 (1) and (2) and under the conditions and
limitations provided in RCW 82.80.080.
(4) The proceeds of the additional excise taxes levied
under this section shall be used strictly for transportation
purposes in accordance with RCW 82.80.070.
(5) The department of licensing shall administer and
collect the county fuel taxes. The department shall deduct
a percentage amount, as provided by contract, for administrative, collection, refund, and audit expenses incurred.
The remaining proceeds shall be remitted to the custody of
the state treasurer for monthly distribution under RCW
82.80.080. [1998 c 176 § 86; 1991 c 339 § 12; 1990 c 42
§ 201.]
*Reviser’s note: RCW 46.68.090 was amended by 1999 c 269 § 2,
deleting subsection (2). RCW 46.68.090 was subsequently amended by
2002 c 202 § 303, dividing subsection (1) into subsections (1) and (2),
effective December 30, 2002, if Referendum Bill No. 51 is approved at the
November 2002 general election.
Rules—Findings—Effective date—1998 c 176: See RCW
82.36.800, 82.36.900, and 82.36.901.
82.80.020 Vehicle license fee—Exemptions—
Limitations. (1) The legislative authority of a county, or
subject to subsection (7) of this section, a qualifying city or
town located in a county that has not imposed a fifteendollar fee under this section, may fix and impose an additional fee, not to exceed fifteen dollars per vehicle, for each
vehicle that is subject to license fees under RCW 46.16.0621
and for each vehicle that is subject to RCW 46.16.070 with
an unladen weight of six thousand pounds or less, and that
is determined by the department of licensing to be registered
within the boundaries of the county.
(2) The department of licensing shall administer and
collect the fee. The department shall deduct a percentage
amount, as provided by contract, not to exceed two percent
of the taxes collected, for administration and collection
expenses incurred by it. The remaining proceeds shall be
remitted to the custody of the state treasurer for monthly
distribution under RCW 82.80.080.
(3) The proceeds of this fee shall be used strictly for
transportation purposes in accordance with RCW 82.80.070.
(4) A county or qualifying city or town imposing this
fee or initiating an exemption process shall delay the
[Title 82 RCW—page 275]
82.80.020
Title 82 RCW: Excise Taxes
effective date at least six months from the date the ordinance
is enacted to allow the department of licensing to implement
administration and collection of or exemption from the fee.
(5) The legislative authority of a county or qualifying
city or town may develop and initiate an exemption process
of the fifteen dollar fee for the registered owners of vehicles
residing within the boundaries of the county or qualifying
city or town: (a) Who are sixty-one years old or older at the
time payment of the fee is due and whose household income
for the previous calendar year is less than an amount
prescribed by the county or qualifying city or town legislative authority; or (b) who have a physical disability.
(6) The legislative authority of a county or qualifying
city or town shall develop and initiate an exemption process
of the fifteen-dollar fee for vehicles registered within the
boundaries of the county that are licensed under RCW
46.16.374.
(7) For purposes of this section, a "qualifying city or
town" means a city or town residing within a county having
a population of greater than seventy-five thousand in which
is located all or part of a national monument. A qualifying
city or town may impose the fee authorized in subsection (1)
of this section subject to the following conditions and
limitations:
(a) The city or town may impose the fee only if
authorized to do so by a majority of voters voting at a
general or special election on a proposition for that purpose.
At a minimum, the ballot measure shall contain: (i) A
description of the transportation project proposed for
funding, properly identified by mileposts or other designations that specify the project parameters; (ii) the proposed
number of months or years necessary to fund the city or
town’s share of the project cost; and (iii) the amount of fee
to be imposed for the project.
(b) The city or town may not impose a fee that, if
combined with the county fee, exceeds fifteen dollars. If a
county imposes or increases a fee under this section that, if
combined with the fee imposed by a city or town, exceeds
fifteen dollars, the city or town fee shall be reduced or
eliminated as needed so that in no city or town does the
combined fee exceed fifteen dollars. All revenues from
county-imposed fees shall be distributed as called for in
RCW 82.80.080.
(c) Any fee imposed by a city or town under this
section shall expire at the end of the term of months or years
provided in the ballot measure, or when the city or town’s
bonded indebtedness on the project is retired, whichever is
sooner.
(8) The fee imposed under subsection (7) of this section
shall apply only to renewals and shall not apply to ownership transfer transactions. [2001 c 64 § 15; 2000 c 103 §
20; 1998 c 281 § 1; 1996 c 139 § 4; 1993 c 60 § 1; 1991 c
318 § 13; 1990 c 42 § 206.]
that it has not been imposed by a city or county. The
jurisdiction of a county, for purposes of this section, includes
only the unincorporated area of the county. The jurisdiction
of a city or district includes only the area within its boundaries.
(2) In lieu of the tax in subsection (1) of this section, a
city, a county in its unincorporated area, or a district may fix
and impose a tax for the act or privilege of parking a motor
vehicle in a facility operated by a commercial parking
business.
The city, county, or district may provide that:
(a) The tax is paid by the operator or owner of the
motor vehicle;
(b) The tax applies to all parking for which a fee is
paid, whether paid or leased, including parking supplied with
a lease of nonresidential space;
(c) The tax is collected by the operator of the facility
and remitted to the city, county, or district;
(d) The tax is a fee per vehicle or is measured by the
parking charge;
(e) The tax rate varies with zoning or location of the
facility, the duration of the parking, the time of entry or exit,
the type or use of the vehicle, or other reasonable factors;
and
(f) Tax exempt carpools, vehicles with handicapped
decals, or government vehicles are exempt from the tax.
(3) "Commercial parking business" as used in this
section, means the ownership, lease, operation, or management of a commercial parking lot in which fees are charged.
"Commercial parking lot" means a covered or uncovered
area with stalls for the purpose of parking motor vehicles.
(4) The rate of the tax under subsection (1) of this
section may be based either upon gross proceeds or the
number of vehicle stalls available for commercial parking
use. The rates charged must be uniform for the same class
or type of commercial parking business.
(5) The county, city, or district levying the tax provided
for in subsection (1) or (2) of this section may provide for
its payment on a monthly, quarterly, or annual basis. Each
local government may develop by ordinance or resolution
rules for administering the tax, including provisions for
reporting by commercial parking businesses, collection, and
enforcement.
(6) The proceeds of the commercial parking tax fixed
and imposed by a city or county under subsection (1) or (2)
of this section shall be used strictly for transportation
purposes in accordance with RCW 82.80.070. The proceeds
of the parking tax imposed by a district must be used as
provided in chapter 36.120 RCW. [2002 c 56 § 412; 1990
c 42 § 208.]
82.80.030 Commercial parking tax. (1) Subject to
the conditions of this section, the legislative authority of a
county, city, or district may fix and impose a parking tax on
all persons engaged in a commercial parking business within
its respective jurisdiction. A city or county may impose the
tax only to the extent that it has not been imposed by the
district, and a district may impose the tax only to the extent
82.80.040 Street utility—Establishment. A city or
town may elect by action of its legislative authority to own,
construct, maintain, operate, and preserve all or any described portion of its streets as a separate enterprise and
facility, known as a street utility, and from time to time add
other existing or new streets to that street utility, with full
power to own, construct, maintain, operate, and preserve
such streets. The legislative authority of the city or town
[Title 82 RCW—page 276]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
(2002 Ed.)
Local Option Transportation Taxes
82.80.040
may include as a part of the street utility, street lighting,
traffic control devices, sidewalks, curbs, gutters, parking
facilities, and drainage facilities. The legislative authority of
the city or town is the governing body of the street utility.
[1991 c 141 § 1. Prior: 1990 c 42 § 209.]
Any city or town ordinance or resolution creating a
street utility must contain a provision granting to any
business a credit against any street utility charge the full
amount of any commuter or employer tax paid for transportation purposes by that business. [2000 c 103 § 21; 1991 c
141 § 2. Prior: 1990 c 42 § 210.]
82.80.050 Street utility—Charges, credits. A city or
town electing to own, construct, maintain, operate, and
preserve its streets as a separate street utility may levy
periodic charges for the use or availability of the streets in
a total annual amount of up to fifty percent of the actual
costs for maintenance, operation, and preservation of
facilities under the jurisdiction of the street utility. The rates
charged for the use must be uniform for the same class of
service and all business and residential properties must be
subject to the utility charge. Charges imposed on businesses
shall be measured solely by the number of employees and
shall not exceed the equivalent of two dollars per full-time
equivalent employee per month. Charges imposed against
owners or occupants of residential property shall not exceed
two dollars per month per housing unit as defined in RCW
35.95.040. Charges authorized in this section shall not be
imposed against owners of property: (1) Exempt under
RCW 84.36.010; (2) exempt from the leasehold tax under
chapter 82.29A RCW; or (3) used for nonprofit or sectarian
purposes, which if said property were owned by such
organization would qualify for exemption under chapter
84.36 RCW. The charges shall not be computed on the
basis of an ad valorem charge on the underlying real
property and improvements. This section shall not be used
as a basis to directly or indirectly charge transportation
impact fees or mitigation fees of any kind against new
development. A city or town may contract with any other
utility or local government to provide for billing and
collection of the street utility charges.
In classifying service furnished within the general
categories of business and residential, the city or town
legislative authority may in its discretion consider any or all
of the following factors: The difference in cost of service to
the various users or traffic generators; location of the various
users or traffic generators within the city or town; the
difference in cost of maintenance, operation, construction,
repair, and replacement of the various parts of the enterprise
and facility; the different character of the service furnished
to various users or traffic generators within the city or town;
the size and quality of the street service furnished; the time
of use or traffic generation; capital contributions made to the
facility including but not limited to special assessments; and
any other matters that present a reasonable difference as a
ground for distinction, or the entire category of business or
residential may be established as a single class. The city or
town may reduce or exempt charges on residential properties
to the extent of their occupancy by low-income senior
citizens and other low-income citizens as provided in *RCW
74.38.070(1), or to the extent of their occupancy by the
needy or infirm.
The charges shall be charges against the property and
the use thereof and shall become liens and be enforced in the
same manner as rates and charges for the use of systems of
sewerage under chapter 35.67 RCW.
*Reviser’s note: RCW 74.38.070 was amended by 2002 c 270 § 1,
removing subsection numbering.
(2002 Ed.)
82.80.060 Use of other proceeds by utility. The city
or town electing to own, construct, maintain, operate, and
preserve its streets and related facilities as a utility under this
chapter may finance the construction, operation, maintenance, and preservation through local improvement districts,
utility local improvement districts, or with proceeds from
general obligation bonds and revenue bonds payable from
the charges issued in accordance with chapter 35.41, 35.92,
or 39.46 RCW, or any combination thereof. The city or
town may use, in addition to the charges authorized by RCW
82.80.050, funds from general taxation, money received from
the federal, state, or other local governments, and other
funds made available to it. The proceeds of the charges
authorized by RCW 82.80.050 shall be used strictly for
transportation purposes in accordance with this chapter and
RCW 82.80.070. [1991 c 141 § 3. Prior: 1990 c 42 §
211.]
82.80.070 Use of revenues. (1) The proceeds collected pursuant to the exercise of the local option authority of
RCW 82.80.010, 82.80.020, 82.80.030, and 82.80.050
(hereafter called "local option transportation revenues") shall
be used for transportation purposes only, including but not
limited to the following: The operation and preservation of
roads, streets, and other transportation improvements; new
construction, reconstruction, and expansion of city streets,
county roads, and state highways and other transportation
improvements; development and implementation of public
transportation and high-capacity transit improvements and
programs; and planning, design, and acquisition of right of
way and sites for such transportation purposes. The proceeds collected from excise taxes on the sale, distribution, or
use of motor vehicle fuel and special fuel under RCW
82.80.010 shall be used exclusively for "highway purposes"
as that term is construed in Article II, section 40 of the state
Constitution.
(2) The local option transportation revenues shall be
expended for transportation uses consistent with the adopted
transportation and land use plans of the jurisdiction expending the funds and consistent with any applicable and
adopted regional transportation plan for metropolitan
planning areas.
(3) Each local government with a population greater
than eight thousand that levies or expends local option
transportation funds, is also required to develop and adopt a
specific transportation program that contains the following
elements:
(a) The program shall identify the geographic boundaries of the entire area or areas within which local option
transportation revenues will be levied and expended.
(b) The program shall be based on an adopted transportation plan for the geographic areas covered and shall
[Title 82 RCW—page 277]
82.80.070
Title 82 RCW: Excise Taxes
identify the proposed operation and construction of
transportation improvements and services in the designated
plan area intended to be funded in whole or in part by local
option transportation revenues and shall identify the annual
costs applicable to the program.
(c) The program shall indicate how the local transportation plan is coordinated with applicable transportation plans
for the region and for adjacent jurisdictions.
(d) The program shall include at least a six-year funding
plan, updated annually, identifying the specific public and
private sources and amounts of revenue necessary to fund
the program. The program shall include a proposed schedule
for construction of projects and expenditure of revenues.
The funding plan shall consider the additional local tax
revenue estimated to be generated by new development
within the plan area if all or a portion of the additional
revenue is proposed to be earmarked as future appropriations
for transportation improvements in the program.
(4) Local governments with a population greater than
eight thousand exercising the authority for local option
transportation funds shall periodically review and update
their transportation program to ensure that it is consistent
with applicable local and regional transportation and land use
plans and within the means of estimated public and private
revenue available.
(5) In the case of expenditure for new or expanded
transportation facilities, improvements, and services, priorities in the use of local option transportation revenues shall
be identified in the transportation program and expenditures
shall be made based upon the following criteria, which are
stated in descending order of weight to be attributed:
(a) First, the project serves a multijurisdictional function;
(b) Second, it is necessitated by existing or reasonably
foreseeable congestion;
(c) Third, it has the greatest person-carrying capacity;
(d) Fourth, it is partially funded by other government
funds, such as from the state transportation improvement
board, or by private sector contributions, such as those from
the local transportation act, chapter 39.92 RCW; and
(e) Fifth, it meets such other criteria as the local
government determines is appropriate.
(6) It is the intent of the legislature that as a condition
of levying, receiving, and expending local option transportation revenues, no local government agency use the revenues
to replace, divert, or loan any revenues currently being used
for transportation purposes to nontransportation purposes.
The association of Washington cities and the Washington
state association of counties, in consultation with the
legislative transportation committee, shall study the issue of
nondiversion and make recommendations to the legislative
transportation committee for language implementing the
intent of this section by December 1, 1990.
(7) Local governments are encouraged to enter into
interlocal agreements to jointly develop and adopt with other
local governments the transportation programs required by
this section for the purpose of accomplishing regional
transportation planning and development.
(8) Local governments may use all or a part of the local
option transportation revenues for the amortization of local
government general obligation and revenue bonds issued for
[Title 82 RCW—page 278]
transportation purposes consistent with the requirements of
this section.
(9) Subsections (1) through (8) of this section do not
apply to a regional transportation investment district imposing a tax or fee under the local option authority of this
chapter. Proceeds collected under the exercise of local
option authority under this chapter by a district must be used
in accordance with chapter 36.120 RCW. [2002 c 56 § 413;
1991 c 141 § 4. Prior: 1990 c 42 § 212.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
82.80.080 Distribution of taxes. (1) The state
treasurer shall distribute revenues, less authorized deductions,
generated by the local option taxes authorized in RCW
82.80.010 and 82.80.020, levied by counties to the levying
counties, and cities contained in those counties, based on the
relative per capita population. County population for
purposes of this section is equal to one and one-half of the
unincorporated population of the county. In calculating the
distributions, the state treasurer shall use the population
estimates prepared by the state office of financial management and shall further calculate the distribution based on
information supplied by the departments of licensing and
revenue, as appropriate.
(2) The state treasurer shall distribute revenues, less
authorized deductions, generated by the local option taxes
authorized in RCW 82.80.010 and 82.80.020 levied by
qualifying cities and towns to the levying cities and towns.
(3) The state treasurer shall distribute to the district
revenues, less authorized deductions, generated by the local
option taxes under RCW 82.80.010 or fees under RCW
82.80.100 levied by a district. [2002 c 56 § 414; 1998 c 281
§ 2; 1990 c 42 § 213.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
82.80.090 Referendum. A referendum petition to
repeal a county or city ordinance imposing a tax or fee
authorized under RCW 82.80.020 and 82.80.030 must be
filed with a filing officer, as identified in the ordinance,
within seven days of passage of the ordinance. Within ten
days, the filing officer shall confer with the petitioner
concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the
measure. The ballot title shall be posed as a question so that
an affirmative answer to the question and an affirmative vote
on the measure results in the tax or fee being imposed and
a negative answer to the question and a negative vote on the
measure results in the tax or fee not being imposed. The
petitioner shall be notified of the identification number and
ballot title within this ten-day period.
After this notification, the petitioner has thirty days in
which to secure on petition forms the signatures of not less
than fifteen percent of the registered voters of the county for
county measures, or not less than fifteen percent of the
registered voters of the city for city measures, and to file the
signed petitions with the filing officer. Each petition form
must contain the ballot title and the full text of the measure
to be referred. The filing officer shall verify the sufficiency
of the signatures on the petitions. If sufficient valid signa(2002 Ed.)
Local Option Transportation Taxes
tures are properly submitted, the filing officer shall submit
the referendum measure to the county or city voters at a
general or special election held on one of the dates provided
in RCW 29.13.010 as determined by the county or city
legislative authority, which election shall not take place later
than one hundred twenty days after the signed petition has
been filed with the filing officer.
The referendum procedure provided in this section is the
exclusive method for subjecting any county or city ordinance
imposing a tax or fee under RCW 82.80.020 and 82.80.030
to a referendum vote. [1990 c 42 § 214.]
82.80.100 Regional transportation investment
district—Local option vehicle license fee. (1) Upon
approval of a majority of the voters within its boundaries
voting on the ballot proposition, a regional transportation
investment district may set and impose an annual local
option vehicle license fee, or a schedule of fees based upon
the age of the vehicle, of up to one hundred dollars per
motor vehicle registered within the boundaries of the region
on every motor vehicle. As used in this section "motor
vehicle" has the meaning provided in RCW 46.04.320, but
does not include farm tractors or farm vehicles as defined in
RCW 46.04.180 and 46.04.181, off-road and nonhighway
vehicles as defined in RCW 46.09.020, and snowmobiles as
defined in RCW 46.10.010. Vehicles registered under
chapter 46.87 RCW and the international registration plan
are exempt from the annual local option vehicle license fee
set forth in this section. The department of licensing shall
administer and collect this fee on behalf of regional transportation investment districts and remit this fee to the custody
of the state treasurer for monthly distribution under RCW
82.80.080.
(2) The local option vehicle license fee applies only
when renewing a vehicle registration, and is effective upon
the registration renewal date as provided by the department
of licensing.
(3) A regional transportation investment district imposing the local option vehicle license fee or initiating an
exemption process shall enter into a contract with the
department of licensing. The contract must contain provisions that fully recover the costs to the department of
licensing for collection and administration of the fee.
(4) A regional transportation investment district imposing the local option fee shall delay the effective date of the
local option vehicle license fee imposed by this section at
least six months from the date of the final certification of the
approval election to allow the department of licensing to
implement the administration and collection of or exemption
from the fee. [2002 c 56 § 408.]
Captions and subheadings not law—Severability—2002 c 56: See
RCW 36.120.900 and 36.120.901.
82.80.900 Purpose—Headings—Severability—
Effective dates—Application—Implementation—1990 c
42. See notes following RCW 82.36.025.
(2002 Ed.)
82.80.090
Chapter 82.98
CONSTRUCTION
Sections
82.98.010
82.98.020
82.98.030
82.98.035
82.98.040
82.98.050
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Saving—1967 ex.s. c 149.
Repeals and saving.
Emergency—1961 c 15.
82.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
[1961 c 15 § 82.98.010.]
82.98.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title do not constitute
any part of the law. [1961 c 15 § 82.98.020.]
82.98.030 Invalidity of part of title not to affect
remainder. If any chapter, section, subdivision of a section,
paragraph, sentence, clause or word of this title for any
reason shall be adjudged invalid, such judgment shall not
affect, impair or invalidate the remainder of this title but
shall be confined in its operation to the chapter, section,
subdivision of a section, paragraph, sentence, clause or word
of the title directly involved in the controversy in which such
judgment shall have been rendered. If any tax imposed
under this title shall be adjudged invalid as to any person,
corporation, association or class of persons, corporations or
associations included within the scope of the general
language of this title such invalidity shall not affect the
liability of any person, corporation, association or class of
persons, corporations, or associations as to which such tax
has not been adjudged invalid. It is hereby expressly
declared that had any chapter, section, subdivision of a
section, paragraph, sentence, clause, word or any person,
corporation, association or class of persons, corporations or
associations as to which this title is declared invalid been
eliminated from the title at the time the same was considered
the title would have nevertheless been enacted with such
portions eliminated. This section shall not apply to chapter
82.44 RCW. [1961 c 15 § 82.98.030.]
Severability—1967 ex.s. c 149: "If any phrase, clause, subsection or
section of this act shall be declared unconstitutional or invalid by any court
of competent jurisdiction, it shall be conclusively presumed that the
legislature would have enacted this act without the phrase, clause, subsection or section so held unconstitutional or invalid and the remainder of the
act shall not be affected as a result of said part being held unconstitutional
or invalid." [1967 ex.s. c 149 § 64.]
Severability—1965 ex.s. c 173: "If any phrase, clause, subsection or
section of this act shall be declared unconstitutional or invalid by any court
of competent jurisdiction, it shall be conclusively presumed that the
legislature would have enacted this act without the phrase, clause, subsection or section so held unconstitutional or invalid and the remainder of the
act shall not be affected as a result of said part being held unconstitutional
or invalid." [1965 ex.s. c 173 § 32.]
Severability—1965 ex.s. c 141: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1965 ex.s. c 141 § 9.]
[Title 82 RCW—page 279]
82.98.030
Title 82 RCW: Excise Taxes
Severability—1961 ex.s. c 24: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1961 ex.s. c 24 § 15.]
Severability—1961 ex.s. c 7: "If any provision of this act or the
application thereof to any person, firm or corporation or circumstance is
held invalid, in whole or in part, such invalidity shall not affect other
provisions or applications of the act which can be given effect without the
invalid provisions or application and to this end the provisions of this act
are declared to be severable.
If any provision of this act shall be declared unconstitutional or
ineffective in whole or in part by a court of competent jurisdiction then to
the extent that it is unconstitutional or ineffective, such provisions shall not
be enforced, nor shall such determination be deemed to invalidate the
remaining provisions of this act." [1961 ex.s. c 7 § 23.]
82.98.035 Saving—1967 ex.s. c 149. Nothing in
chapter 149, Laws of 1967 ex. sess. shall be construed to
affect any existing rights acquired or any existing liabilities
incurred under the sections amended or repealed herein, nor
as affecting any civil or criminal proceedings instituted
thereunder, nor any rule or regulation promulgated thereunder, nor any administrative action taken thereunder. [1967
ex.s. c 149 § 63.]
82.98.040
82.98.040.
Repeals and saving. See 1961 c 15 §
82.98.050 Emergency—1961 c 15. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1961 c 15 § 82.98.050.]
[Title 82 RCW—page 280]
(2002 Ed.)
Title 83
ESTATE TAXATION
Chapters
83.100 Estate and transfer tax act.
83.110 Uniform estate tax apportionment act.
Probate and trust law: Title 11 RCW.
Tax returns, remittances, etc., filing and receipt: RCW 1.12.070.
Chapter 83.100
ESTATE AND TRANSFER TAX ACT
Sections
83.100.010 Short title.
83.100.020 Definitions.
83.100.030 Residents—Estate tax imposed—Credit for tax paid other
state.
83.100.040 Nonresidents—Estate tax imposed—Exemption.
83.100.045 Generation-skipping transfers—Tax imposed—Credit for tax
paid to another state.
83.100.050 Tax return—Date to be filed—Extensions.
83.100.060 Date payment due—Extensions.
83.100.070 Interest on amount due—Penalty for late filing—
Exceptions—Rules.
83.100.080 Department to issue release.
83.100.090 Amended returns—Adjustments or final determinations.
83.100.110 Tax lien.
83.100.120 Liability for failure to pay tax before distribution or delivery.
83.100.130 Refund for overpayment—Interest.
83.100.140 Criminal acts relating to tax returns.
83.100.150 Collection of tax—Findings filed in court.
83.100.160 Clerk to give notice of filings.
83.100.170 Court order.
83.100.180 Objections.
83.100.190 Hearing by court.
83.100.200 Administration—Rules.
83.100.210 Closing agreements authorized.
83.100.900 Repeals and saving.
83.100.901 Section captions not part of law.
83.100.902 New chapter.
83.100.903 Effective date—1981 2nd ex.s. c 7.
83.100.904 Captions—1988 c 64.
83.100.905 Severability—1988 c 64.
83.100.010 Short title. This chapter may be cited as
the "Estate and Transfer Tax Act of 1988." [1988 c 64 § 1;
1981 2nd ex.s. c 7 § 83.100.010 (Initiative Measure No. 402,
approved November 3, 1981).]
83.100.020 Definitions. As used in this chapter:
(1) "Decedent" means a deceased individual;
(2) "Department" means the department of revenue, the
director of that department, or any employee of the department exercising authority lawfully delegated to him by the
director;
(3) "Federal credit" means (a) for a transfer, the
maximum amount of the credit for state taxes allowed by
section 2011 of the Internal Revenue Code; and (b) for a
generation-skipping transfer, the maximum amount of the
(2002 Ed.)
credit for state taxes allowed by section 2604 of the Internal
Revenue Code;
(4) "Federal return" means any tax return required by
chapter 11 or 13 of the Internal Revenue Code;
(5) "Federal tax" means (a) for a transfer, a tax under
chapter 11 of the Internal Revenue Code; and (b) for a
generation-skipping transfer, the tax under chapter 13 of the
Internal Revenue Code;
(6) "Generation-skipping transfer" means a "generationskipping transfer" as defined and used in section 2611 of the
Internal Revenue Code;
(7) "Gross estate" means "gross estate" as defined and
used in section 2031 of the Internal Revenue Code;
(8) "Nonresident" means a decedent who was domiciled
outside Washington at his death;
(9) "Person" means any individual, estate, trust, receiver,
cooperative association, club, corporation, company, firm,
partnership, joint venture, syndicate, or other entity and, to
the extent permitted by law, any federal, state, or other
governmental unit or subdivision or agency, department, or
instrumentality thereof;
(10) "Person required to file the federal return" means
any person required to file a return required by chapter 11 or
13 of the Internal Revenue Code, such as the personal
representative of an estate; or a transferor, trustee, or
beneficiary of a generation-skipping transfer; or a qualified
heir with respect to qualified real property, as defined and
used in section 2032A(c) of the Internal Revenue Code;
(11) "Property" means (a) for a transfer, property
included in the gross estate; and (b) for a generation-skipping transfer, all real and personal property subject to the
federal tax;
(12) "Resident" means a decedent who was domiciled
in Washington at time of death;
(13) "Transfer" means "transfer" as used in section 2001
of the Internal Revenue Code, or a disposition or cessation
of qualified use as defined and used in section 2032A(c) of
the Internal Revenue Code;
(14) "Trust" means "trust" under Washington law and
any arrangement described in section 2652 of the Internal
Revenue Code; and
(15) "Internal Revenue Code" means, for the purposes
of this chapter and RCW 83.110.010, the United States
Internal Revenue Code of 1986, as amended or renumbered
as of January 1, 2001. [2001 c 320 § 15; 1999 c 358 § 19;
1998 c 292 § 401; 1994 c 221 § 70; 1993 c 73 § 9; 1990 c
224 § 1; 1988 c 64 § 2; 1981 2nd ex.s. c 7 § 83.100.020
(Initiative Measure No. 402, approved November 3, 1981).]
Effective date—2001 c 320: See note following RCW 11.02.005.
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
Effective dates—1994 c 221: See note following RCW 11.94.070.
[Title 83 RCW—page 1]
83.100.030
Title 83 RCW: Estate Taxation
83.100.030 Residents—Estate tax imposed—Credit
for tax paid other state. (1) A tax in an amount equal to
the federal credit is imposed on every transfer of property of
a resident.
(2) If the transfer is subject to a similar tax imposed by
another state for which the federal credit is allowed, and if
the tax imposed by the other state is not qualified by a
reciprocal provision allowing the transfer to be taxed only in
this state, the amount of the tax due under this section shall
be credited with the lesser of:
(a) The amount of the death tax paid the other state and
credited against the federal tax; or
(b) An amount computed by multiplying the federal
credit by a fraction, the numerator of which is the value of
the property subject to the tax imposed by the other state,
and the denominator of which is the value of the decedent’s
gross estate. [1988 c 64 § 3; 1981 2nd ex.s. c 7 §
83.100.030 (Initiative Measure No. 402, approved November
3, 1981).]
83.100.040 Nonresidents—Estate tax imposed—
Exemption. (1) A tax in an amount computed as provided
in this section is imposed on every transfer of property located in Washington of every nonresident.
(2) The tax shall be computed by multiplying the federal
credit by a fraction, the numerator of which is the value of
the property located in Washington, and the denominator of
which is the value of the decedent’s gross estate.
(3) The transfer of the property of a nonresident is
exempt from the tax imposed by this section to the extent
that the property of residents is exempt from taxation under
the laws of the state in which the nonresident is domiciled.
[1988 c 64 § 4; 1981 2nd ex.s. c 7 § 83.100.040 (Initiative
Measure No. 402, approved November 3, 1981).]
83.100.045 Generation-skipping transfers—Tax
imposed—Credit for tax paid to another state. (1) A tax
in an amount equal to the federal credit is imposed on every
generation-skipping transfer, if real or tangible personal
property subject to the federal tax is located in this state or
if the trust has its principal place of administration in this
state at the time of the generation-skipping transfer.
(2) If the generation-skipping transfer is subject to a
similar tax imposed by another state for which the federal
credit is allowed, the amount of the tax due under this
section shall be credited with the lesser of:
(a) The amount of the tax paid to the other state and
credited against the federal tax; or
(b) An amount computed by multiplying the federal
credit by a fraction, the numerator of which is the value of
the property subject to the generation-skipping transfer tax
imposed by the other state, and the denominator of which is
the value of all property subject to the federal tax. [1988 c
64 § 5.]
83.100.050 Tax return—Date to be filed—
Extensions. (1) The person required to file the federal
return shall file with the department on or before the date the
federal return is required to be filed, including any extension
of time for filing the federal return:
[Title 83 RCW—page 2]
(a) A Washington return for the tax due under this
chapter; and
(b) A copy of the federal return.
No Washington return need be filed if no federal return
is required. A Washington return delivered to the department by United States mail shall be considered to have been
received by the department on the date of the United States
postmark stamped on the cover in which the return is
mailed, if the postmark date is within the time allowed for
filing the Washington return, including extensions.
(2) If the person required to file the federal return has
obtained an extension of time for filing the federal return,
the person shall file the Washington return within the same
time period and in the same manner as provided for the
federal return. A copy of the federal extension shall be filed
with the department on or before the date the Washington
return is due, not including any extension of time for filing,
or within thirty days of issuance, whichever is later. [1988
c 64 § 6; 1986 c 44 § 1; 1981 2nd ex.s. c 7 § 83.100.050
(Initiative Measure No. 402, approved November 3, 1981).]
83.100.060 Date payment due—Extensions. (1) The
taxes imposed by this chapter shall be paid by the person
required to file the federal return on or before the date the
Washington return is required to be filed under RCW
83.100.050, not including any extension of time for filing.
Payment delivered to the department by United States mail
shall be considered to have been received by the department
on the date of the United States postmark stamped on the
cover in which payment is mailed, if the postmark date is
within the time allowed for making the payment, including
any extensions.
(2) If the person required to file the federal return has
obtained an extension of time for payment of the federal tax
or has elected to pay such tax in installments, the person
may elect to pay the tax imposed by this chapter within the
same time period and in the same manner as provided for
payment of the federal tax. A copy of the federal extension
shall be filed on or before the date the tax imposed by this
chapter is due, not including any extension of time for
payment, or within thirty days of issuance, whichever is
later. [1988 c 64 § 7; 1981 2nd ex.s. c 7 § 83.100.060
(Initiative Measure No. 402, approved November 3, 1981).]
83.100.070 Interest on amount due—Penalty for
late filing—Exceptions—Rules. (1) Any tax due under this
chapter which is not paid by the due date under RCW
83.100.060(1) shall bear interest at the rate of twelve percent
per annum from the date the tax is due until the date of
payment.
(2) Interest imposed under this section for periods after
January 1, 1997, shall be computed at the rate as computed
under RCW 82.32.050(2). The rate so computed shall be
adjusted on the first day of January of each year.
(3)(a) If the Washington return is not filed when due
under RCW 83.100.050 and the person required to file the
federal return voluntarily reports the filing and files both the
state and federal estate tax returns with the department, no
penalty is imposed on the person required to file the federal
return.
(2002 Ed.)
Estate and Transfer Tax Act
(b) If the Washington return is not filed when due under
RCW 83.100.050 and the person required to file the federal
return does not file a return with the department before the
department notifies the person in writing that the department
has determined that the person has not filed a state estate tax
return, the person required to file the federal return shall pay,
in addition to interest, a penalty equal to five percent of the
tax due for each month after the date the return is due until
filed. However, in no instance may the penalty exceed the
lesser of twenty-five percent of the tax due or one thousand
five hundred dollars.
(c) If the department finds that a return due under this
chapter has not been filed by the due date, and the delinquency was the result of circumstances beyond the control
of the responsible person, the department shall waive or cancel any penalties imposed under this chapter with respect to
the filing of such a tax return. The department shall adopt
rules for the waiver or cancellation of the penalties imposed
by this section. [2000 c 105 § 1; 1997 c 136 § 1; 1996 c
149 § 13; 1988 c 64 § 8; 1981 2nd ex.s. c 7 § 83.100.070
(Initiative Measure No. 402, approved November 3, 1981).]
Effective date—2000 c 105: "This act takes effect July 1, 2000."
[2000 c 105 § 2.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
83.100.080 Department to issue release. The
department shall issue a release when the tax due under this
chapter has been paid. Upon issuance of a release, all
property subject to the tax shall be free of any claim for the
tax by the state. [1988 c 64 § 9; 1986 c 44 § 2; 1981 2nd
ex.s. c 7 § 83.100.080 (Initiative Measure No. 402, approved
November 3, 1981).]
83.100.090 Amended returns—Adjustments or final
determinations. (1) If the person required to file the federal
return files an amended federal return, that person shall
immediately file with the department an amended Washington return with a copy of the amended federal return. If the
amended Washington return requires payment of an additional tax under this chapter, the tax shall be paid in accordance
with RCW 83.100.060 and interest shall be paid in accordance with RCW 83.100.070.
(2) Upon any adjustment in, or final determination of,
the amount of federal tax due, the person required to file the
federal return shall notify the department in writing within
sixty days after the adjustment or final determination. If the
adjustment or final determination requires payment of an
additional tax under this chapter, the tax shall be paid in
accordance with RCW 83.100.060 and interest shall be paid
in accordance with RCW 83.100.070. [1988 c 64 § 10; 1981
2nd ex.s. c 7 § 83.100.090 (Initiative Measure No. 402, approved November 3, 1981).]
83.100.110 Tax lien. (1) Unless any tax due under
this chapter is sooner paid in full, it shall be a lien upon the
property subject to the tax for a period of ten years from the
date of the transfer or the generation-skipping transfer,
except that any part of the property which is used for the
payment of claims against the property or expenses of its
administration, allowed by any court having jurisdiction
(2002 Ed.)
83.100.070
thereof, shall be divested of the lien. Liens created under
this subsection shall be qualified as follows:
(a) Any part of the property subject to the tax which is
sold to a bona fide purchaser shall be divested of the lien
and the lien shall be transferred to the proceeds of the sale;
and
(b) The lien shall be subordinate to any mortgage or
deed of trust on the property pursuant to an order of court
for payment of claims against the property or expenses of
administration. The lien shall attach to any proceeds from
the sale of the property in excess of the obligations secured
by the mortgage or deed of trust and the expenses of sale,
including a reasonable charge by the trustee and by his or
her attorney where the property has been sold by a nonjudicial trustee’s sale pursuant to chapter 61.24 RCW, and
including court costs and any attorneys’ fees awarded by the
superior court of the county in which the property is sold at
sheriff’s sale pursuant to a judicial foreclosure of the mortgage or deed of trust.
(2) If the person required to file the federal return has
obtained an extension of time for payment of the federal tax
or has elected to pay such tax in installments, the tax lien
under this section shall be extended as necessary to prevent
its expiration prior to twelve months following the expiration
of any such extension or the installment.
(3) The tax lien shall be extended as necessary to
prevent its expiration prior to twelve months following the
conclusion of litigation of any question affecting the determination of the amount of tax due if a lis pendens has been
filed with the auditor of the county in which the property is
located. [1988 c 64 § 11; 1981 2nd ex.s. c 7 § 83.100.110
(Initiative Measure No. 402, approved November 3, 1981).]
83.100.120 Liability for failure to pay tax before
distribution or delivery. (1) Any personal representative
who distributes any property without first paying, securing
another’s payment of, or furnishing security for payment of
the taxes due under this chapter is personally liable for the
taxes due to the extent of the value of any property that may
come or may have come into the possession of the personal
representative. Security for payment of the taxes due under
this chapter shall be in an amount equal to or greater than
the value of all property that is or has come into the possession of the personal representative, as of the time the
security is furnished.
(2) Any person who has the control, custody, or
possession of any property and who delivers any of the
property to the personal representative or legal representative
of the decedent outside Washington without first paying,
securing another’s payment of, or furnishing security for
payment of the taxes due under this chapter is liable for the
taxes due under this chapter to the extent of the value of the
property delivered. Security for payment of the taxes due
under this chapter shall be in an amount equal to or greater
than the value of all property delivered to the personal
representative or legal representative of the decedent outside
Washington by such a person.
(3) For the purposes of this section, persons who do not
have possession of a decedent’s property include anyone not
responsible primarily for paying the tax due under this
section or their transferees, which includes but is not limited
[Title 83 RCW—page 3]
83.100.120
Title 83 RCW: Estate Taxation
to mortgagees or pledgees, stockbrokers or stock transfer
agents, banks and other depositories of checking and savings
accounts, safe-deposit companies, and life insurance companies.
(4) For the purposes of this section, any person who has
the control, custody, or possession of any property and who
delivers any of the property to the personal representative or
legal representative of the decedent may rely upon the
release certificate or the release of nonliability certificate,
furnished by the department to the personal representative,
as evidence of compliance with the requirements of this
chapter, and make such deliveries and transfers as the
personal representative may direct without being liable for
any taxes due under this chapter. [1981 2nd ex.s. c 7 §
83.100.120 (Initiative Measure No. 402, approved November
3, 1981).]
83.100.130 Refund for overpayment—Interest. (1)
Whenever the department determines that a person required
to file the federal return has overpaid the tax due under this
chapter, the department shall refund the amount of the
overpayment, together with interest at the then existing rate
under RCW 83.100.070(1). If the application for refund,
with supporting documents, is filed within four months after
an adjustment or final determination of federal tax liability,
the department shall pay interest until the date the refund is
mailed. If the application for refund, with supporting
documents, is filed after four months after the adjustment or
final determination, the department shall pay interest only
until the end of the four-month period.
(2) Interest refunded under this section for periods after
January 1, 1997, through December 31, 1998, shall be
computed on a daily basis at the rate as computed under
RCW 82.32.050(2) less one percentage point. Interest
allowed after December 31, 1998, shall be computed at the
rate as computed under RCW 82.32.050(2). Interest shall be
refunded from the date of overpayment until the date the
refund is mailed. The rate so computed shall be adjusted on
the first day of January of each year. [1997 c 157 § 6; 1996
c 149 § 14; 1988 c 64 § 12; 1981 2nd ex.s. c 7 § 83.100.130
(Initiative Measure No. 402, approved November 3, 1981).]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
83.100.140 Criminal acts relating to tax returns.
Any person required to file the federal return who wilfully
fails to file a Washington return when required by this
chapter or who wilfully files a false return commits a gross
misdemeanor as defined in Title 9A RCW and shall be
punished as provided in Title 9A RCW for the perpetration
of a gross misdemeanor. [1988 c 64 § 13; 1981 2nd ex.s. c
7 § 83.100.140 (Initiative Measure No. 402, approved
November 3, 1981).]
83.100.150 Collection of tax—Findings filed in
court. (1) The department may collect the estate tax
imposed under RCW 83.100.030 and 83.100.040, including
interest and penalties, and shall represent this state in all
matters pertaining to the same, either before courts or in any
other manner. At any time after the Washington return is
due, the department may file its findings regarding the
[Title 83 RCW—page 4]
amount of the tax, the federal credit, the person required to
file the federal return, and all persons having an interest in
property subject to the tax with the clerk of the superior
court in the matter of the estate of the decedent or, if no
probate or administration proceedings have been commenced
in any court of this state, of the superior court for the county
in which the decedent was a resident, if the resident was a
domiciliary, or, if the decedent was a nondomiciliary, of any
superior court which has jurisdiction over the property.
Such a court first acquiring jurisdiction shall retain jurisdiction to the exclusion of every other court.
(2) The department may collect the generation-skipping
transfer tax under RCW 83.100.045, including interest and
penalties, and shall represent this state in all matters pertaining to the same, either before courts or in any other manner.
At any time after the Washington return is due, the department may file its findings regarding the amount of the tax,
the federal credit, the person required to file the federal
return, and all persons having an interest in property subject
to the tax with the clerk of the superior court in the matter
of the trust or the estate of the decedent, if any, or, if no
trust, probate or administration proceedings have been
commenced in any court of this state, of any superior court
which has jurisdiction over the property. Such a court first
acquiring jurisdiction shall retain jurisdiction to the exclusion
of every other court. [1988 c 64 § 14; 1981 2nd ex.s. c 7 §
83.100.150 (Initiative Measure No. 402, approved November
3, 1981).]
83.100.160 Clerk to give notice of filings. Upon
filing findings under RCW 83.100.150, the clerk of the
superior court shall give notice of the filing by causing
notice thereof to be posted at the courthouse in the county in
which the court is located. In addition, the department of
revenue shall give notice of the filing to all persons interested in the proceeding by mailing a copy of the notice to all
persons having an interest in property subject to the tax.
The department of revenue is not required to conduct a
search for persons interested in the proceedings or property.
The department of revenue must mail a copy of the notice
only to persons of whom the department has received actual
notice as having an interest in the proceeding or property,
and, if a probate or administrative proceeding has been
commenced in this state, to persons who are listed in the
court file as having an interest in the proceedings or property. [1993 c 413 § 1; 1988 c 64 § 15.]
83.100.170 Court order. At any time after the
expiration of sixty days from the mailing of the notice under
RCW 83.100.160, if no objection to the findings is filed, the
superior court or a judge thereof shall, without further notice,
give and make its order confirming the findings and fixing
the tax in accordance therewith. [1988 c 64 § 16.]
83.100.180 Objections. At any time prior to the
making of an order under RCW 83.100.170, any person
having an interest in property subject to the tax may file
objections in writing with the clerk of the superior court and
serve a copy thereof upon the department, and the same shall
be noted for trial before the court and a hearing had thereon
(2002 Ed.)
Estate and Transfer Tax Act
as provided for hearings in RCW 11.96A.080 through
11.96A.200. [1999 c 42 § 636; 1988 c 64 § 17.]
Part headings and captions not law—Effective date—1999 c 42:
See RCW 11.96A.901 and 11.96A.902.
83.100.190 Hearing by court. Upon the hearing of
objections under RCW 83.100.180, the court shall make such
order as it may deem proper. For the purposes of the
hearing, the findings of the department shall be presumed to
be correct and it shall be the duty of the objector or objectors to proceed in support of the objection or objections.
[1988 c 64 § 18.]
83.100.200 Administration—Rules. The department
shall adopt such rules as may be necessary to carry into
effect the provisions of this chapter, including rules relating
to returns for taxes due under this chapter. The rules shall
have the same force and effect as if specifically set forth in
this chapter, unless declared invalid by a judgment of a court
of record not appealed from. [1988 c 64 § 19.]
83.100.210 Closing agreements authorized. The
department may enter into closing agreements as provided in
RCW 82.32.350 and 82.32.360. [1996 c 149 § 18.]
Findings—Intent—Effective date—1996 c 149: See notes following
RCW 82.32.050.
83.100.900 Repeals and saving. (1) The following
chapters and their session law bases are each repealed:
Chapters 83.01, 83.04, 83.05, 83.08, 83.12, 83.14, 83.16,
83.20, 83.24, 83.28, 83.32, 83.36, 83.40, 83.44, 83.48, 83.52,
83.58, 83.60, and 83.98 RCW.
(2) These repeals shall not be construed as affecting any
existing right acquired under the statutes repealed or under
any rule, regulation, or order adopted pursuant thereto; nor
as affecting any proceeding instituted thereunder. [1981 2nd
ex.s. c 7 § 83.100.160 (Initiative Measure No. 402, approved
November 3, 1981).]
83.100.901 Section captions not part of law. As
used in this act, section captions constitute no part of the
law. [1981 2nd ex.s. c 7 § 83.100.170 (Initiative Measure
No. 402, approved November 3, 1981).]
83.100.902 New chapter. Sections 83.100.010
through 83.100.150 of this act shall constitute a new chapter
in Title 83 RCW to be designated chapter 83.100 RCW.
[1981 2nd ex.s. c 7 § 83.100.180 (Initiative Measure No.
402, approved November 3, 1981).]
83.100.903 Effective date—1981 2nd ex.s. c 7. This
act shall take effect January 1, 1982. [1981 2nd ex.s. c 7 §
83.100.190 (Initiative Measure No. 402, approved November
3, 1981).]
83.100.904 Captions—1988 c 64. As used in this act,
captions constitute no part of the law. [1988 c 64 § 30.]
83.100.905 Severability—1988 c 64. If any provision
of this act or its application to any person or circumstance is
(2002 Ed.)
83.100.180
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1988 c 64 § 31.]
Chapter 83.110
UNIFORM ESTATE TAX APPORTIONMENT ACT
Sections
83.110.010
83.110.020
83.110.030
83.110.040
83.110.050
83.110.060
83.110.070
83.110.080
83.110.090
83.110.900
83.110.901
83.110.902
83.110.903
83.110.904
Definitions.
Apportionment of tax.
Apportionment procedure.
Collection of tax from persons interested in the estate—
Security.
Allowance for exemptions, deductions, and credits.
Apportionment between temporary and remainder interests.
Time for recovery of tax from persons interested in the estate—Exoneration of fiduciary—Recovery of uncollectible taxes.
Action by nonresident—Reciprocity.
Coordination with federal law.
Construction.
Short title.
Captions.
Application.
Severability—1986 c 63.
83.110.010 Definitions. As used in this chapter, the
following terms have the meanings indicated unless the
context clearly requires otherwise.
(1) "Estate" means the gross estate of a decedent as
determined for the purpose of federal estate tax and the
estate tax payable to this state;
(2) "Fiduciary" means executor, administrator of any
description, and trustee;
(3) "Internal Revenue Code" means the United States
Internal Revenue Code of 1986, as defined in and as of the
date specified in RCW 83.100.020;
(4) "Person" means any individual, partnership, association, joint stock company, corporation, government, political
subdivision, governmental agency, or local governmental
agency;
(5) "Person interested in the estate" means any person,
including a personal representative, guardian, or trustee,
entitled to receive, or who has received, from a decedent
while alive or by reason of the death of a decedent any
property or interest therein included in the decedent’s estate;
(6) "Qualified heir" means a person interested in the
estate who is entitled to receive, or who has received, an
interest in qualified real property or a qualified family-owned
business interest;
(7) "Qualified real property" means real property for
which the election described in section 2032A of the Internal
Revenue Code has been allowed;
(8) "Qualified family-owned business interest" means a
family-owned business interest for which the election in
section 2057 of the Internal Revenue Code has been allowed;
(9) "State" means any state, territory, or possession of
the United States, the District of Columbia, or the Commonwealth of Puerto Rico; and
(10) "Tax" means the federal estate tax and the estate
tax payable to this state and interest and penalties imposed
in addition to the tax, but not the additional estate tax under
section 2032A(c) or 2057(f) of the Internal Revenue Code.
Unless the will, trust, or other dispositive instrument other[Title 83 RCW—page 5]
83.110.010
Title 83 RCW: Estate Taxation
wise provides, apportionment of estate, inheritance, legacy,
or succession tax payable to any other state, or to any
foreign country, and interest and penalties imposed in
addition to the tax, shall be governed by the law of that state
or foreign country. [2000 c 129 § 1; 1998 c 292 § 402;
1994 c 221 § 71; 1993 c 73 § 10; 1989 c 40 § 1; 1986 c 63
§ 1.]
Part headings and section captions not law—Effective dates—1998
c 292: See RCW 11.11.902 and 11.11.903.
Effective dates—1994 c 221: See note following RCW 11.94.070.
Construction—1989 c 40: "(1) The amendments made in this act
with respect to the excise tax imposed under section 4980A(d) of the
Internal Revenue Code of 1986, as amended, are to be effective as to excise
tax imposed by reason of a decedent’s death occurring after April 18, 1989.
(2) The amendments made in this act regarding apportionment of the
tax with respect to qualified real property, and regarding extensions to pay
tax, shall be effective with respect to the tax attributable to deaths occurring
after April 18, 1989.
(3) The amendment to RCW 11.98.070(13) shall be effective with
respect to loans described in RCW 83.110.020(2) made or committed to be
made after April 18, 1989." [1989 c 40 § 8.]
Severability—1989 c 40: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 40 § 9.]
83.110.020 Apportionment of tax. Except as
provided in RCW 83.110.090, and unless the will, trust, or
other dispositive instrument otherwise provides, the tax shall
be apportioned among all persons interested in the estate.
Except as provided in RCW 83.110.050, the apportionment
shall be made in the proportion that the value of the interest
of each person interested in the estate bears to the total value
of the interests of all persons interested in the estate. Except
as provided in RCW 83.110.050, the values used in determining the tax shall be used for that purpose. [2000 c 129
§ 2; 1989 c 40 § 2; 1986 c 63 § 2.]
Construction—Severability—1989 c 40: See note following RCW
83.110.010.
83.110.030 Apportionment procedure. (1) The court
having jurisdiction over the administration of the estate of a
decedent shall determine the apportionment of the tax. If
there are no probate proceedings, the court of the county
wherein the decedent was domiciled at death shall determine
the apportionment of the tax upon the application of the
person required to pay the tax.
(2) If the court finds that it is inequitable to apportion
interest and penalties in the manner provided in this chapter
because of special circumstances, it may direct apportionment thereon in the manner it finds equitable.
(3) The expenses reasonably incurred by any fiduciary
and by other persons interested in the estate in connection
with the determination of the amount and apportionment of
the tax shall be apportioned as provided in RCW 83.110.020
and charged and collected as a part of the tax apportioned.
If the court finds it is inequitable to apportion the expenses
as provided in RCW 83.110.020, it may direct apportionment
thereof equitably.
(4) If the court finds that the assessment of penalties
and interest is due to delay caused by the negligence of the
fiduciary, the court may charge the fiduciary with the
amount of the assessed penalties and interest.
[Title 83 RCW—page 6]
(5) In any suit or judicial proceeding to recover from
any person interested in the estate the amount of the tax
apportioned to the person in accordance with this chapter,
the determination of the court in respect thereto is prima
facie correct. [2000 c 129 § 3; 1990 c 180 § 6; 1989 c 40
§ 3; 1986 c 63 § 3.]
Construction—Severability—1989 c 40: See note following RCW
83.110.010.
83.110.040 Collection of tax from persons interested
in the estate—Security. (1) The fiduciary or other person
required to pay the tax may withhold from any property of
the decedent in his or her possession, distributable to any
person interested in the estate, the amount of tax attributable
to his or her interest. If the property in possession of the
fiduciary or other person required to pay the tax and distributable to any person interested in the estate is insufficient to
satisfy the proportionate amount of the tax determined to be
due from the person, the fiduciary or other person required
to pay the tax may recover the deficiency from the person
interested in the estate. If the property is not in the possession of the fiduciary or other person required to pay the tax,
the fiduciary or the other person required to pay the tax may
recover from any person interested in the estate the amount
of the tax apportioned to the person in accordance with this
chapter.
(2) If property held by the fiduciary or other person is
distributed prior to final apportionment of the tax, the
fiduciary or other person may require the distributee to
provide a bond or other security for the apportionment
liability in the form and amount prescribed by the fiduciary,
with the approval of the court having jurisdiction of the
administration of the estate. [1986 c 63 § 4.]
83.110.050 Allowance for exemptions, deductions,
and credits. (1) In making an apportionment, allowances
shall be made for any exemptions granted, any classification
made of persons interested in the estate, and any deductions
and credits allowed by the law imposing the tax.
(2) Any exemption or deduction allowed (a) by section
2057 of the Internal Revenue Code, (b) by reason of the
relationship of any person to the decedent, or (c) by reason
of the purposes of the gift inures to the benefit of the person
bearing that relationship or receiving the gift. When an
interest is subject to a prior present interest which is not
allowable as a deduction, the tax apportionable against the
present interest shall be paid from principal.
(3) Any deduction for property previously taxed and any
credit for gift taxes or death taxes of a foreign country paid
by the decedent or the decedent’s estate inures to the
proportionate benefit of all persons liable to apportionment.
(4) Any credit for inheritance, succession, or estate taxes
or taxes in the nature thereof in respect to property or
interests includable in the estate inures to the benefit of the
persons or interests chargeable with the payment thereof to
the extent that or in proportion that the credit reduces the
tax.
(5) To the extent that property passing to or in trust for
a surviving spouse or any charitable, public, or similar gift
or bequest does not constitute an allowable deduction for
purposes of the tax solely by reason of an inheritance tax or
(2002 Ed.)
Uniform Estate Tax Apportionment Act
other death tax imposed upon and deductible from the
property, the property shall not be included in the computation provided for in this chapter, and to that extent no
apportionment shall be made against the property. This does
not apply in any instance where the result under section
2053(d) of the Internal Revenue Code relates to deduction
for state death taxes on transfers for public, charitable, or
religious uses. To the extent the amount otherwise allowed
as a deduction under section 2057 of the Internal Revenue
Code does not constitute an allowable deduction for purposes
of the tax solely by reason of an inheritance tax or other
death tax imposed upon and deductible from the amount, the
amount shall not be included in the computation provided for
in this chapter, and to that extent no apportionment shall be
made against the amount.
(6) In the case of qualified real property or a qualified
family-owned business interest, the apportionment of the tax
shall be based on the values that would have been used to
determine the tax without regard to section 2032A or 2057
of the Internal Revenue Code. The reduction in the tax
attributable to the application of section 2032A or 2057 shall
inure as follows:
(a) First to the benefit of the qualified heirs in proportion to their relative interests in the qualified real property or
qualified family-owned business interest, until the tax
attributable to the qualified real property or qualified familyowned business interest is reduced to zero;
(b) Then to the qualified heirs in proportion to their
relative interests in other property of the estate, until the tax
attributable to the property is reduced to zero; and
(c) Then to other persons interested in the estate in
proportion to their relative interests in other property of the
estate.
(7) Any extension in the payment of a part of the tax
under any provision of the Internal Revenue Code shall inure
to the benefit of, and the tax subject to the extension shall be
equitably apportioned among, the persons receiving the
property relating to the extension. Any tax benefit derived
from the interest paid with respect to the tax shall be
equitably apportioned among the persons receiving the
property. [2000 c 129 § 4; 1993 c 73 § 11; 1989 c 40 § 4;
1986 c 63 § 5.]
Construction—Severability—1989 c 40: See note following RCW
83.110.010.
83.110.060 Apportionment between temporary and
remainder interests. No interest in income and no estate
for years or for life or other temporary interest in any
property or fund is subject to apportionment as between the
temporary interest and the remainder. The tax on the
temporary interest and the tax, if any, on the remainder is
chargeable against the corpus of the property or funds subject to the temporary interest and remainder. No tax shall be
paid from a charitable remainder annuity trust or a charitable
remainder unitrust described in section 664 of the Internal
Revenue Code. [2000 c 129 § 5; 1989 c 40 § 5; 1986 c 63
§ 6.]
Construction—Severability—1989 c 40: See note following RCW
83.110.010.
(2002 Ed.)
83.110.050
83.110.070 Time for recovery of tax from persons
interested in the estate—Exoneration of fiduciary—
Recovery of uncollectible taxes. Neither the fiduciary nor
other person required to pay the tax is under any duty to
institute any suit or proceeding to recover from any person
interested in the estate the amount of the tax apportioned to
that person until the expiration of the three months next
following final determination of the tax. A fiduciary or
other person required to pay the tax who institutes the suit
or proceeding within a reasonable time after the three
months’ period is not subject to any liability or surcharge
because any portion of the tax apportioned to any person
interested in the estate was collectible at a time following the
death of the decedent but thereafter became uncollectible.
If the fiduciary or other person required to pay the tax
cannot collect from any person interested in the estate the
amount of the tax apportioned to the person, the amount not
recoverable shall be paid from the residuary estate. To the
extent that the residuary estate is not adequate, the balance
shall be equitably apportioned among the other persons
interested in the estate who are subject to apportionment.
[1986 c 63 § 7.]
83.110.080 Action by nonresident—Reciprocity.
Subject to this section a fiduciary acting in another state or
a person required to pay the tax who is domiciled in another
state may institute an action in the courts of this state and
may recover a proportionate amount of the federal estate tax
or an estate tax payable to another state or of a death duty
due by a decedent’s estate to another state from a person
interested in the estate who is either domiciled in this state
or who owns property in this state subject to attachment or
execution. For the purposes of the action the determination
of apportionment by the court having jurisdiction of the
administration of the decedent’s estate in the other state is
prima facie correct. The provisions of this section apply
only if the state in which the determination of apportionment
was made affords a substantially similar remedy. [1986 c 63
§ 8.]
83.110.090 Coordination with federal law. If the
liabilities of persons interested in the estate as prescribed by
this chapter differ from those which result under the federal
estate tax law, for example, section 2206, 2207, 2207A, or
2207B of the Internal Revenue Code, the liabilities imposed
by the federal law will control and the balance of this
chapter shall apply as if the resulting liabilities had been
prescribed in this chapter. Nothing in this chapter affects the
right of a personal representative to recover payments due an
estate pursuant to the provisions of the Internal Revenue
Code. [2000 c 129 § 6; 1989 c 40 § 6; 1986 c 63 § 9.]
Construction—Severability—1989 c 40: See note following RCW
83.110.010.
83.110.900 Construction. This chapter shall be
construed to effectuate its general purpose to make uniform
the law of those states which enact it. [1986 c 63 § 10.]
83.110.901 Short title. This chapter may be cited as
the uniform estate tax apportionment act. [1986 c 63 § 11.]
[Title 83 RCW—page 7]
83.110.902
Title 83 RCW: Estate Taxation
83.110.902 Captions. As used in this chapter, section
captions constitute no part of the law. [1986 c 63 § 13.]
83.110.903 Application. This chapter does not apply
to taxes due on account of the death of decedents dying prior
to January 1, 1987, or on or after January 1, 1987, if at all
times after June 11, 1986, the decedent was not competent
to change the disposition of his or her property by will.
[1988 c 64 § 26; 1986 c 63 § 14.]
Retrospective application—1988 c 64 § 26: "Section 26 of this act
applies retrospectively to January 1, 1987." [1988 c 64 § 33.]
Captions—Severability—1988 c 64: See RCW 83.100.904 and
83.100.905.
83.110.904 Severability—1986 c 63. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1986 c 63 § 12.]
[Title 83 RCW—page 8]
(2002 Ed.)
Title 84
PROPERTY TAXES
Chapters
84.04
Definitions.
84.08
General powers and duties of department of
revenue.
84.09
General provisions.
84.12
Assessment and taxation of public utilities.
84.14
New and rehabilitated multiple-unit
dwellings in urban centers.
84.16
Assessment and taxation of private car companies.
84.20
Easements of public utilities.
84.26
Historic property.
84.33
Timber and forest lands.
84.34
Open space, agricultural, timber lands—
Current use—Conservation futures.
84.36
Exemptions.
84.38
Deferral of special assessments and/or property taxes.
84.40
Listing of property.
84.41
Revaluation of property.
84.44
Taxable situs.
84.48
Equalization of assessments.
84.52
Levy of taxes.
84.55
Limitations upon regular property taxes.
84.56
Collection of taxes.
84.60
Lien of taxes.
84.64
Lien foreclosure.
84.68
Recovery of taxes paid or property sold for
taxes.
84.69
Refunds.
84.70
Destroyed property—Abatement or refund.
84.72
Federal payments in lieu of taxes.
84.98
Construction.
Additional provisions relating to taxes, see titles pertaining to particular
taxing authorities, i.e., cities, counties, school districts, etc.
Building permits, new construction: Chapter 36.21 RCW.
Burying place exempt from execution: RCW 68.24.220.
Cemetery associations, nonprofit: RCW 68.20.110, 68.20.120.
Cities, unfit buildings: Chapter 35.80 RCW.
Cities and towns, prepayment by taxpayer of taxes and assessments owed
to: RCW 35.21.650.
Columbia Basin project: RCW 89.12.120.
Community renewal: Chapter 35.81 RCW.
Conservation districts: Chapter 89.08 RCW.
Constitutional limitations generally: State Constitution Art. 2 § 40, Art. 7,
Art. 11, §§ 9, 12.
Counties, prepayment and deposit of taxes and assessments: RCW
36.32.120.
Federal agencies and instrumentalities, taxation: State Constitution Art. 7
§§ 1, 3; Title 37 RCW.
Flood control district property: RCW 86.09.520.
Irrigation district property: RCW 87.03.260.
Lease of tax acquired property for underground storage of natural gas:
RCW 80.40.070.
(2002 Ed.)
Limitation on levies: State Constitution Art. 7 § 2.
Local improvement trust property: RCW 35.53.010.
Olympic National Park: RCW 37.08.210.
Personal exemption not applicable to tax levied on such property: RCW
6.15.010.
Privilege taxes: Chapter 54.28 RCW.
Public utility districts: RCW 54.16.080.
Qualifications for persons assessing real property—Examination: RCW
36.21.015.
Rainier National Park: RCW 37.08.200.
Real estate, excise tax on transfer: Chapters 82.45 and 82.46 RCW.
Savings and loan associations: RCW 33.28.040.
Tax returns, remittances, etc., filing and receipt: RCW 1.12.070.
Taxing districts, general indebtedness limitation: Chapter 39.36 RCW.
Termination of tax preferences: Chapter 43.136 RCW.
Washington Principal and Income Act of 2002: Chapter 11.104A RCW.
Chapter 84.04
DEFINITIONS
Sections
84.04.010
84.04.020
84.04.030
84.04.040
84.04.045
84.04.047
84.04.050
84.04.055
84.04.060
84.04.065
84.04.070
84.04.075
84.04.080
84.04.090
84.04.095
84.04.100
84.04.120
84.04.130
84.04.140
84.04.150
Introductory.
"Assessed valuation of taxable property," and allied terms.
"Assessed value of property."
"Assessment year," "fiscal year."
"County auditor."
"Department."
"Householder."
"Legal description."
"Money," "moneys."
Number and gender.
"Oath," "swear."
"Person."
"Personal property."
"Real property."
Classification of components of irrigation systems.
"Tax" and derivatives.
"Taxing district."
"Tract," "lot," etc.
"Regular property taxes," "regular property tax levies."
"Computer software" and allied terms.
84.04.010 Introductory. Unless otherwise expressly
provided or unless the context indicates otherwise, terms
used in this title shall have the meaning given to them in this
chapter. [1961 c 15 § 84.04.010.]
84.04.020 "Assessed valuation of taxable property,"
and allied terms. The terms "assessed valuation of taxable
property", "valuation of taxable property", "value of taxable
property", "taxable value of property", "property assessed"
and "value" whenever used in any statute, law, charter or
ordinance with relation to the levy of taxes in any taxing
district, shall be held and construed to mean "assessed value
of property" as defined in RCW 84.04.030. [1961 c 15 §
84.04.020. Prior: 1919 c 142 § 2; RRS § 11227.]
[Title 84 RCW—page 1]
84.04.030
Title 84 RCW: Property Taxes
84.04.030 "Assessed value of property." "Assessed
value of property" shall be held and construed to mean the
aggregate valuation of the property subject to taxation by
any taxing district as placed on the last completed and
balanced tax rolls of the county preceding the date of any
tax levy. [2001 c 187 § 2; 1997 c 3 § 102 (Referendum Bill
No. 47, approved November 4, 1997); 1961 c 15 §
84.04.030. Prior: (i) 1925 ex.s. c 130 § 3; RRS § 11107.
(ii) 1919 c 142 § 1, part; RRS § 11226, part.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
84.04.040 "Assessment year," "fiscal year." The
assessment year contemplated in this title and the fiscal year
contemplated in this title shall commence on January 1st and
end on December 31st in each year. [1961 c 15 §
84.04.040. Prior: 1939 c 206 § 39; 1925 ex.s. c 130 § 81;
1897 c 71 § 66; 1893 c 124 § 67; 1890 p 560 § 82; RRS §
11242.]
84.04.045 "County auditor." "County auditor" shall
be construed to mean registrar or recorder, whenever it shall
be necessary to use the same to the proper construction of
this title. [1961 c 15 § 84.04.045. Prior: 1925 ex.s. c 130
§ 6, part; 1897 c 71 § 4, part; 1893 c 124 § 4, part; 1890 p
531 § 4, part; 1886 p 48 § 2, part; Code 1881 § 2830, part;
RRS § 11110, part.]
84.04.047 "Department." "Department" means the
department of revenue of the state of Washington. [1979 c
107 § 25.]
84.04.050 "Householder." "Householder" shall be
taken to mean and include every person, married or single,
who resides within the state of Washington being the owner
or holder of an estate or having a house or place of abode,
either as owner or lessee. [1961 c 15 § 84.04.050. Prior:
1925 ex.s. c 130 § 6, part; 1897 c 71 § 4, part; 1893 c 124
§ 4, part; 1890 p 531 § 4, part; 1886 p 48 § 2, part; Code
1881 § 2830, part; RRS § 11110, part.]
84.04.055 "Legal description." "Legal description"
shall be given its commonly accepted meaning, but for
property tax purposes, the parcel number is sufficient for the
legal description. [1989 c 378 § 6.]
84.04.060 "Money," "moneys." "Money" or "moneys" shall be held to mean coin or paper money issued by
the United States government. [1998 c 106 § 12; 1961 c 15
§ 84.04.060. Prior: 1925 ex.s. c 130 § 6, part; 1897 c 71 §
4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part; 1886 p
48 § 2, part; Code 1881 § 2830, part; RRS § 11110, part.]
84.04.065 Number and gender. Every word importing the singular number only may be extended to or embrace
the plural number, and every word importing the plural
number may be applied and limited to the singular number,
[Title 84 RCW—page 2]
and every word importing the masculine gender only may be
extended and applied to females as well as males. [1961 c
15 § 84.04.065. Prior: 1925 ex.s. c 130 § 6, part; 1897 c
71 § 4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part;
1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110,
part.]
84.04.070 "Oath," "swear." "Oath" may be held to
mean affirmation, and the word "swear" may be held to
mean affirm. [1961 c 15 § 84.04.070. Prior: 1925 ex.s. c
130 § 6, part; 1897 c 71 § 4, part; 1893 c 124 § 4, part;
1890 p 531 § 4, part; 1886 p 48 § 2, part; Code 1881 §
2830, part; RRS § 11110, part.]
84.04.075 "Person." "Person" shall be construed to
include firm, company, association or corporation. [1961 c
15 § 84.04.075. Prior: 1925 ex.s. c 130 § 6, part; 1897 c
71 § 4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part;
1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110,
part.]
84.04.080 "Personal property." "Personal property"
for the purposes of taxation, shall be held and construed to
embrace and include, without especially defining and
enumerating it, all goods, chattels, stocks, estates or moneys;
all standing timber held or owned separately from the
ownership of the land on which it may stand; all fish trap,
pound net, reef net, set net and drag seine fishing locations;
all leases of real property and leasehold interests therein for
a term less than the life of the holder; all improvements
upon lands the fee of which is still vested in the United
States, or in the state of Washington; all gas and water
mains and pipes laid in roads, streets or alleys; and all
property of whatsoever kind, name, nature and description,
which the law may define or the courts interpret, declare and
hold to be personal property for the purpose of taxation and
as being subject to the laws and under the jurisdiction of the
courts of this state, whether the same be any marine craft, as
ships and vessels, or other property holden under the laws
and jurisdiction of the courts of this state, be the same at
home or abroad: PROVIDED, That mortgages, notes,
accounts, certificates of deposit, tax certificates, judgments,
state, county, municipal and taxing district bonds and
warrants shall not be considered as property for the purpose
of this title, and no deduction shall hereafter be made or
allowed on account of any indebtedness owed. [1961 c 15
§ 84.04.080. Prior: 1925 ex.s. c 130 § 5, part; 1907 c 108
§§ 1, 2; 1907 c 48 § 1, part; 1901 ex.s. c 2 § 1, part; 1897
c 71 § 3, part; 1895 c 176 § 1, part; 1893 c 124 § 3, part;
1891 c 140 § 3, part; 1890 p 530 § 3, part; 1886 p 48 § 2,
part; Code 1881 § 2830, part; 1871 p 37 § 1, part; 1869 p
176 § 3, part; 1854 p 332 § 4, part; RRS § 11109, part.]
Fox, mink, marten declared personalty: RCW 16.72.030.
84.04.090 "Real property." The term "real property"
for the purposes of taxation shall be held and construed to
mean and include the land itself, whether laid out in town
lots or otherwise, and all buildings, structures or improvements or other fixtures of whatsoever kind thereon, except
improvements upon lands the fee of which is still vested in
the United States, or in the state of Washington, and all
(2002 Ed.)
Definitions
rights and privileges thereto belonging or in any wise
appertaining, except leases of real property and leasehold
interests therein for a term less than the life of the holder;
and all substances in and under the same; all standing timber
growing thereon, except standing timber owned separately
from the ownership of the land upon which the same may
stand or be growing; and all property which the law defines
or the courts may interpret, declare and hold to be real
property under the letter, spirit, intent and meaning of the
law for the purposes of taxation. The term real property
shall also include a mobile home which has substantially lost
its identity as a mobile unit by virtue of its being permanently fixed in location upon land owned or leased by the owner
of the mobile home and placed on a permanent foundation
(posts or blocks) with fixed pipe connections with sewer,
water, or other utilities: PROVIDED, That a mobile home
located on land leased by the owner of the mobile home
shall be subject to the personal property provisions of
chapter 84.56 RCW and RCW 84.60.040. [1987 c 155 § 1;
1985 c 395 § 2; 1971 ex.s. c 299 § 70; 1961 c 15 §
84.04.090. Prior: 1925 ex.s. c 130 § 4; 1897 c 71 § 2;
1893 c 124 § 2; 1891 c 140 § 2; 1890 p 530 § 2; 1886 p 48
§ 2, part; Code 1881 § 2830, part; 1871 p 37 § 2; 1869 p
176 § 2; RRS § 11108.]
Effective date—1971 ex.s. c 299: See RCW 82.50.901(3).
Severability—1971 ex.s. c 299: See note following RCW 82.04.050.
84.04.095 Classification of components of irrigation
systems. Notwithstanding RCW 84.04.080 and 84.04.090,
the department shall classify, by rule, the components of
irrigation systems as real or personal property for purposes
of taxation under this title. [1987 c 319 § 8.]
84.04.100 "Tax" and derivatives. The word "tax"
and its derivatives, "taxes," "taxing," "taxed," "taxation" and
so forth shall be held and construed to mean the imposing of
burdens upon property in proportion to the value thereof, for
the purpose of raising revenue for public purposes. [1961 c
15 § 84.04.100. Prior: 1925 ex.s. c 130 § 1; 1897 c 71 §
1; 1893 c 124 § 1; RRS § 11105.]
84.04.120 "Taxing district." "Taxing district" shall
be held and construed to mean and include the state and any
county, city, town, port district, school district, road district,
metropolitan park district, water-sewer district or other
municipal corporation, now or hereafter existing, having the
power or authorized by law to impose burdens upon property
within the district in proportion to the value thereof, for the
purpose of obtaining revenue for public purposes, as distinguished from municipal corporations authorized to impose
burdens, or for which burdens may be imposed, for such
purposes, upon property in proportion to the benefits
accruing thereto. [1999 c 153 § 69; 1961 c 15 § 84.04.120.
Prior: (i) 1919 c 142 § 1, part; RRS § 11226, part. (ii)
1925 ex.s. c 130 § 2; RRS § 11106.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
84.04.130 "Tract," "lot," etc. "Tract" or "lot," and
"piece or parcel of real property," and "piece or parcel of
lands" shall each be held to mean any contiguous quantity of
(2002 Ed.)
84.04.090
land in the possession of, owned by, or recorded as the
property of the same claimant, person or company. [1961 c
15 § 84.04.130. Prior: 1925 ex.s. c 130 § 6, part; 1897 c
71 § 4, part; 1893 c 124 § 4, part; 1890 p 531 § 4, part;
1886 p 48 § 2, part; Code 1881 § 2830, part; RRS § 11110,
part.]
84.04.140 "Regular property taxes," "regular
property tax levies." The term "regular property taxes" and
the term "regular property tax levy" shall mean a property
tax levy by or for a taxing district which levy is subject to
the aggregate limitation set forth in RCW 84.52.043 and
84.52.050, as now or hereafter amended, or which is
imposed by or for a port district or a public utility district.
[1973 1st ex.s. c 195 § 88; 1971 ex.s. c 288 § 13.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.04.150 "Computer software" and allied terms.
(1) "Computer software" is a set of directions or instructions
that exist in the form of machine-readable or human-readable
code, is recorded on physical or electronic medium, and
directs the operation of a computer system or other machinery or equipment. "Computer software" includes the
associated documentation that describes the code and its use,
operation, and maintenance and typically is delivered with
the code to the user. "Computer software" does not include
data bases.
A "data base" is text, data, or other information that
may be accessed or managed with the aid of computer
software but that does not itself have the capacity to direct
the operation of a computer system or other machinery or
equipment.
(2) "Custom computer software" is computer software
that is designed for a single person’s or a small group of
persons’ specific needs. "Custom computer software"
includes modifications to canned computer software and can
be developed in-house by the user, by outside developers, or
by both.
A group of four or more persons is presumed not to be
a small group of persons for the purposes of this subsection
unless each of the persons is affiliated through common
control and ownership. The department may by rule provide
a definition of small group and affiliates consistent with this
subsection.
For purposes of this subsection, "person" has the
meaning given in RCW 82.04.030.
(3) "Canned computer software," occasionally known as
prewritten or standard software, is computer software that is
designed for and distributed "as is" for multiple persons who
can use it without modifying its code and that is not otherwise considered custom computer software.
(4) "Embedded software" is computer software that
resides permanently on some internal memory device in a
computer system or other machinery or equipment, that is
not removable in the ordinary course of operation, and that
is of a type necessary for the routine operation of the
computer system or other machinery or equipment. "Embed-
[Title 84 RCW—page 3]
84.04.150
Title 84 RCW: Property Taxes
ded software" may be either canned or custom computer
software.
(5) "Retained rights" are any and all rights, including
intellectual property rights such as those rights arising from
copyrights, patents, and trade secret laws, that are owned or
are held under contract or license by a computer software
developer, author, inventor, publisher, licensor, sublicensor,
or distributor.
(6) A "golden" or "master" copy of computer software
is a copy of computer software from which a computer
software developer, author, inventor, publisher, licensor,
sublicensor, or distributor makes copies for sale or license.
[1991 sp.s. c 29 § 2.]
Findings—Intent—1991 sp.s. c 29: "(1) The legislature finds that:
(a) Computer software is a class of personal property that is itself
comprised of several different subclasses of personal property which can be
distinguished by their use, development, distribution, and relationship to
hardware, and includes custom software, canned software, and embedded
software;
(b) Because different classes of software serve different needs, may be
used by different taxpayers, and present different administrative burdens on
both the state and the citizens of the state of Washington, the different
classes of software should be treated differently for tax purposes;
(c) Canned software should continue to be subject to property tax, but,
because of its rapid obsolescence, should be subject to tax for only two
years; and the taxable interest should reside with the end user;
(d) Canned software that has been modified should continue to be
taxable on the canned portion of the software;
(e) Embedded software should continue to be taxed as part of the
machinery or equipment of which it is a part;
(f) Custom software should be exempt from taxation, in part because
of the difficulty in accurately and uniformly determining the value of such
software;
(g) Retained rights in computer software should be exempt from the
property tax in part because of the difficulty in accurately and uniformly
determining the value of such software, the difficulty in determining the
scope and situs of such rights, and the adverse economic consequences to
the state of taxing such rights; and
(h) So-called "golden" or "master" copies of software should be
exempt from property tax like business inventory.
(2) It is the intent of the legislature that:
(a) The voluntary compliance nature of the personal property tax
system should be preserved and nothing in this act shall be construed to
reduce the taxpayer’s obligation to fully and accurately list all taxable
computer software;
(b) Computer software should be listed and assessed for property taxes
payable in 1991 and 1992 in the same manner and to the same extent as
computer software was listed and assessed for taxes due in 1989;
(c) The definition of custom software, golden or master copies, and
retained rights shall be liberally construed in accordance with the purposes
of this act;
(d) This act shall provide fairness, equity, and uniformity in the
property tax treatment of each class of computer software in the state of
Washington; and
(e) No inference should be taken from this act regarding the application of the property tax to data bases." [1991 sp.s. c 29 § 1.]
Severability—1991 sp.s. c 29: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1991 sp.s. c 29 § 8.]
Application—Taxes collected in 1993—1991 sp.s. c 29: "Sections
2 through 4 and 6 of this act apply to taxes levied for collection in 1993,
and thereafter." [1991 sp.s. c 29 § 9.]
[Title 84 RCW—page 4]
Chapter 84.08
GENERAL POWERS AND DUTIES OF
DEPARTMENT OF REVENUE
Sections
84.08.005
84.08.010
Adoption of provisions of chapter 82.01 RCW.
Powers of department of revenue—General supervision—
Rules and processes—Visitation of counties.
84.08.020 Additional powers—To advise county and local officers—
Books and blanks—Reports.
84.08.030 Additional powers—To test work of assessors—
Supplemental assessment lists—Audits.
84.08.040 Additional powers—To keep valuation records—Access to
files of other public offices.
84.08.050 Additional powers—Access to books and records—
Hearings—Investigation of complaints.
84.08.060 Additional powers—Power over county boards of equalization—Reconvening—Limitation on increase in property
value in appeals to board of tax appeals from county
board of equalization.
84.08.070 Rules and regulations authorized.
84.08.080 Department to decide questions of interpretation.
84.08.115 Department to prepare explanation of property tax system.
84.08.120 Duty to obey orders of department of revenue.
84.08.130 Appeals from county board of equalization to board of tax
appeals—Notice.
84.08.140 Appeals from levy of taxing district to department of revenue.
84.08.190 Assessors to meet with department of revenue.
84.08.210 Confidentiality and privilege of tax information—
Exceptions—Penalty.
Constitutional limitations on taxation: State Constitution Art. 2 § 40, Art.
7, Art. 11, §§ 9, 12.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Taxing districts, general limitation of indebtedness: Chapter 39.36 RCW.
84.08.005 Adoption of provisions of chapter 82.01
RCW. The provisions of chapter 82.01 RCW, as now or
hereafter amended, apply to Title 84 RCW as fully as though
they were set forth herein. [1961 c 15 § 84.08.005.]
84.08.010 Powers of department of revenue—
General supervision—Rules and processes—Visitation of
counties. The department of revenue shall:
(1) Exercise general supervision and control over the
administration of the assessment and tax laws of the state,
over county assessors, and county boards of equalization,
and over boards of county commissioners, county treasurers
and county auditors and all other county officers, in the performance of their duties relating to taxation, and perform any
act or give any order or direction to any county board of
equalization or to any county assessor or to any other county
officer as to the valuation of any property, or class or classes
of property in any county, township, city or town, or as to
any other matter relating to the administration of the assessment and taxation laws of the state, which, in the
department’s judgment may seem just and necessary, to the
end that all taxable property in this state shall be listed upon
the assessment rolls and valued and assessed according to
the provisions of law, and equalized between persons, firms,
companies and corporations, and between the different
counties of this state, and between the different taxing units
and townships, so that equality of taxation and uniformity of
administration shall be secured and all taxes shall be
collected according to the provisions of law.
(2002 Ed.)
General Powers and Duties of Department of Revenue
(2) Formulate such rules and processes for the assessment of both real and personal property for purposes of
taxation as are best calculated to secure uniform assessment
of property of like kind and value in the various taxing units
of the state, and relative uniformity between properties of
different kinds and values in the same taxing unit. The
department of revenue shall furnish to each county assessor
a copy of the rules and processes so formulated. The
department of revenue may, from time to time, make such
changes in the rules and processes so formulated as it deems
advisable to accomplish the purpose thereof, and it shall
inform all county assessors of such changes.
(3) Visit the counties in the state, unless prevented by
necessary official duties, for the investigation of the methods
adopted by the county assessors and county boards of
commissioners in the assessment and equalization of taxation
of real and personal property; carefully examine into all
cases where evasion of property taxation is alleged, and
ascertain where existing laws are defective, or improperly or
negligently administered. [1975 1st ex.s. c 278 § 147; 1961
c 15 § 84.08.010. Prior: 1939 c 206 §§ 4, part and 5, part;
1935 c 127 § 1, part; 1931 c 15 § 1, part; 1927 c 280 § 5,
part; 1925 c 18 § 5, part; 1921 c 7 §§ 50, 53; 1907 c 220 §
1, part; 1905 c 115 § 2, part; RRS §§ 11091 (first), part and
11091 (second), part.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.08.020 Additional powers—To advise county and
local officers—Books and blanks—Reports. The department of revenue shall:
(1) Confer with, advise and direct assessors, boards of
equalization, county boards of commissioners, county
treasurers, county auditors and all other county and township
officers as to their duties under the law and statutes of the
state, relating to taxation, and direct what proceedings, actions or prosecutions shall be instituted to support the law relating to the penalties, liabilities and punishment of public
officers, persons, and officers or agents of corporations for
failure or neglect to comply with the provisions of the
statutes governing the return, assessment and taxation of
property, and the collection of taxes, and cause complaint to
be made against any of such public officers in the proper
county for their removal from office for official misconduct
or neglect of duty. In the execution of these powers and
duties the said department or any member thereof may call
upon prosecuting attorneys or the attorney general, who shall
assist in the commencement and prosecution for penalties
and forfeiture, liabilities and punishments for violations of
the laws of the state in respect to the assessment and taxation of property.
(2) Prescribe all forms of books and blanks to be used
in the assessment and collection of taxes, and change such
forms when prescribed by law, and recommend to the
legislature such changes as may be deemed most economical
to the state and counties, and such recommendation shall be
accompanied by carefully prepared bill or bills for this end.
(3) Require county, city and town officers to report
information as to assessments of property, equalization of
taxes, the expenditure of public funds for all purposes, and
other information which said department of revenue may
request. [1975 1st ex.s. c 278 § 148; 1961 c 15 § 84.08.020.
(2002 Ed.)
84.08.010
Prior: 1939 c 206 § 5, part; 1935 c 127 § 1, part; 1921 c 7
§§ 50, 53; 1907 c 220 § 1, part; 1905 c 115 § 2, part; RRS
§ 11091 (second), part.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.08.030 Additional powers—To test work of
assessors—Supplemental assessment lists—Audits. The
department of revenue shall examine and test the work of
county assessors at any time, and have and possess all rights
and powers of such assessors for the examination of persons,
and property, and for the discovery of property subject to
taxation, and if it shall ascertain that any taxable property is
omitted from the assessment list, or not assessed or valued
according to law, it shall bring the same to the attention of
the assessor of the proper county in writing, and if such
assessor shall neglect or refuse to comply with the request of
the department of revenue to place such property on the
assessment list, or to correct such incorrect assessment or
valuation the department of revenue shall have the power to
prepare a supplement to such assessment list, which supplement shall include all property required by the department of
revenue to be placed on the assessment list and all corrections required to be made. Such supplement shall be filed
with the assessor’s assessment list and shall thereafter
constitute an integral part thereof to the exclusion of all
portions of the original assessment list inconsistent therewith,
and shall be submitted therewith to the county board of
equalization. As part of the examining and testing of the
work of county assessors to be accomplished pursuant to this
section, the department of revenue shall audit statewide at
least one-half of one percent of all personal property
accounts listed each calendar year. [1975-’76 2nd ex.s. c 94
§ 1; 1967 ex.s. c 149 § 30; 1961 c 15 § 84.08.030. Prior:
1939 c 206 § 4, part; 1931 c 15 § 1, part; 1927 c 280 § 5,
part; 1925 c 18 § 5, part; 1921 c 7 §§ 50, 53; RRS § 11091
(first).]
Effective date—1967 ex.s. c 149: See note following RCW
82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.08.040 Additional powers—To keep valuation
records—Access to files of other public offices. The
department of revenue shall secure, tabulate, and keep
records of valuations of all classes of property throughout
the state, and for that purpose, shall have access to all
records and files of state offices and departments and county
and municipal offices and shall require all public officers
and employees whose duties make it possible to ascertain
valuations, including valuations of property of public service
corporations for rate making purposes to file reports with the
department of revenue, giving such information as to such
valuation and the source thereof: PROVIDED, That the
nature and kind of the tabulations, records of valuation and
requirements from public officers, as stated herein, shall be
in such form, and cover such valuations, as the department
of revenue shall prescribe. [1975 1st ex.s. c 278 § 149;
1961 c 15 § 84.08.040. Prior: 1939 c 206 § 4, part; 1931
c 15 § 1, part; 1927 c 280 § 5, part; 1925 c 18 § 5, part;
1921 c 7 §§ 50, 53; RRS § 11091 (first), part.]
[Title 84 RCW—page 5]
84.08.040
Title 84 RCW: Property Taxes
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.08.050 Additional powers—Access to books and
records—Hearings—Investigation of complaints. The
department of revenue shall:
(1) Require individuals, partnerships, companies,
associations and corporations to furnish information as to
their capital, funded debts, investments, value of property,
earnings, taxes and all other facts called for on these subjects
so that the department may determine the taxable value of
any property or any other fact it may consider necessary to
carry out any duties now or hereafter imposed upon it, or
may ascertain the relative burdens borne by all kinds and
classes of property within the state, and for these purposes
their records, books, accounts, papers and memoranda shall
be subject to production and inspection, investigation and
examination by said department, or any employee thereof
designated by said department for such purpose, and any or
all real and/or personal property in this state shall be subject
to visitation, investigation, examination and/or listing at any
and all times by the department or by any employee thereof
designated by said department.
(2) Summon witnesses to appear and testify on the
subject of capital, funded debts, investments, value of
property, earnings, taxes, and all other facts called for on
these subjects, or upon any matter deemed material to the
proper assessment of property, or to the investigation of the
system of taxation, or the expenditure of public funds for
state, county, district and municipal purposes: PROVIDED,
HOWEVER, No person shall be required to testify outside
of the county in which the taxpayer’s residence, office or
principal place of business, as the case may be, is located.
Such summons shall be served in like manner as a subpoena
issued out of the superior court and be served by the sheriff
of the proper county, and such service certified by him to
said department without compensation therefor. Persons
appearing before said department in obedience to a summons
shall in the discretion of the department receive the same
compensation as witnesses in the superior court.
Any member of the department or any employee thereof
designated for that purpose may administer oaths to witnesses.
In case any witness shall fail to obey the summons to
appear, or refuse to testify, or shall fail or refuse to comply
with any of the provisions of subsections (1) and (2) of this
section, such person, for each separate or repeated offense,
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not less than fifty
dollars, nor more than five thousand dollars. Any person
who shall testify falsely shall be guilty of and shall be
punished for perjury.
(3) Thoroughly investigate all complaints which may be
made to it of illegal, unjust or excessive taxation, and shall
endeavor to ascertain to what extent and in what manner, if
at all, the present system is inequal or oppressive. [1973 c
95 § 8; 1961 c 15 § 84.08.050. Prior: 1939 c 206 § 5, part;
1935 c 127 § 1, part; 1921 c 7 §§ 50, 53; 1907 c 220 § 1,
part; 1905 c 115 § 2, part; RRS § 11091 (second), part.]
84.08.060 Additional powers—Power over county
boards of equalization—Reconvening—Limitation on
[Title 84 RCW—page 6]
increase in property value in appeals to board of tax
appeals from county board of equalization. The department of revenue shall have power to direct and to order any
county board of equalization to raise or lower the valuation
of any taxable property, or to add any property to the
assessment list, or to perform or complete any other duty
required by statute. The department of revenue may require
any such board of equalization to reconvene after its adjournment for the purpose of performing any order or
requirement made by the department of revenue and may
make such orders as it shall determine to be just and
necessary. The department may require any county board of
equalization to reconvene at any time for the purpose of
performing or completing any duty or taking any action it
might lawfully have performed or taken at any of its
previous meetings. No board may be reconvened later than
three years after the date of adjournment of its regularly
convened session. If such board of equalization shall fail or
refuse forthwith to comply with any such order or requirement of the department of revenue, the department of
revenue shall have power to take any other appropriate
action, or to make such correction or change in the assessment list, and such corrections and changes shall be a part
of the record of the proceedings of the said board of equalization: PROVIDED, That in all cases where the department
of revenue shall raise the valuation of any property or add
property to the assessment list, it shall give notice either for
the same time and in the same manner as is now required in
like cases of county boards of equalization, or if it shall
deem such method of giving notice impracticable it shall
give notice by publication thereof in a newspaper of general
circulation within the county in which the property affected
is situated once each week for two consecutive weeks, and
the department of revenue shall not proceed to raise such
valuation or add such property to the assessment list until a
period of five days shall have elapsed subsequent to the date
of the last publication of such notice: PROVIDED FURTHER, That appeals to the board of tax appeals by any
taxpayer or taxing unit concerning any action of the county
board of equalization shall not raise the valuation of the
property to an amount greater than the larger of either the
valuation of the property by the county assessor or the
valuation of the property assigned by the county board of
equalization. Such notice shall give the legal description of
each tract of land involved, or a general description in case
of personal property; the tax record-owner thereof; the
assessed value thereof determined by the county board of
equalization in case the property is on the assessment roll;
and the assessed value thereof as determined by the department of revenue and shall state that the department of
revenue proposes to increase the assessed valuation of such
property to the amount stated and to add such property to the
assessment list at the assessed valuation stated. The necessary expense incurred by the department of revenue in
making such reassessment and/or adding such property to the
assessment list shall be borne by the county or township in
which the property as reassessed and/or so added to the
assessment list is situated and shall be paid out of the proper
funds of such county upon the order of the department of
revenue. [1988 c 222 § 9; 1982 1st ex.s. c 46 § 11; 1975
1st ex.s. c 278 § 150; 1961 c 15 § 84.08.060. Prior: 1939
c 206 § 4, part; 1931 c 15 § 1, part; 1927 c 280 § 5, part;
(2002 Ed.)
General Powers and Duties of Department of Revenue
1925 c 18 § 5, part; 1921 c 7 §§ 50, 53; RRS § 11091
(first), part.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.08.070 Rules and regulations authorized. The
department of revenue shall make such rules and regulations
as may be necessary to carry out the powers granted by this
chapter, and for conducting hearings and other proceedings
before it. [1975 1st ex.s. c 278 § 151; 1961 c 15 §
84.08.070. Prior: 1939 c 206 § 4, part; 1931 c 15 § 1, part;
1927 c 280 § 5, part; 1925 c 18 § 5, part; 1921 c 7 §§ 50,
53; RRS § 11091 (first), part. FORMER PART OF SECTION: 1935 c 123 § 18 now codified as RCW 84.12.390.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.08.080 Department to decide questions of
interpretation. The department of revenue shall, with the
advice of the attorney general, decide all questions that may
arise in reference to the true construction or interpretation of
this title, or any part thereof, with reference to the powers
and duties of taxing district officers, and such decision shall
have force and effect until modified or annulled by the
judgment or decree of a court of competent jurisdiction.
[1975 1st ex.s. c 278 § 152; 1961 c 15 § 84.08.080. Prior:
1925 ex.s. c 130 § 111; 1897 c 71 § 92; 1895 c 176 § 20;
1893 c 124 § 95; RRS § 11272.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.08.115 Department to prepare explanation of
property tax system. (1) The department shall prepare a
clear and succinct explanation of the property tax system,
including but not limited to:
(a) The standard of true and fair value as the basis of
the property tax.
(b) How the assessed value for particular parcels is
determined.
(c) The procedures and timing of the assessment
process.
(d) How district levy rates are determined, including the
limit under chapter 84.55 RCW.
(e) How the composite tax rate is determined.
(f) How the amount of tax is calculated.
(g) How a taxpayer may appeal an assessment, and what
issues are appropriate as a basis of appeal.
(h) A summary of tax exemption and relief programs,
along with the eligibility standards and application processes.
(2) Each county assessor shall provide copies of the
explanation to taxpayers on request, free of charge. Each
revaluation notice shall include information regarding the
availability of the explanation. [1997 c 3 § 207 (Referendum Bill No. 47, approved November 4, 1997); 1991 c 218
§ 2.]
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Effective date—1991 c 218: See note following RCW 36.21.015.
84.08.060
84.08.120 Duty to obey orders of department of
revenue. It shall be the duty of every public officer to
comply with any lawful order, rule or regulation of the
department of revenue made under the provisions of this
title, and whenever it shall appear to the department of
revenue that any public officer or employee whose duties
relate to the assessment or equalization of assessments of
property for taxation or to the levy or collection of taxes has
failed to comply with the provisions of this title or with any
other law relating to such duties or the rules of the department made in pursuance thereof, the department after a
hearing on the facts may issue its order directing such public
officer or employee to comply with such provisions of law
or of its rules, and if such public officer or employee for a
period of ten days after service on him of the department’s
order shall neglect or refuse to comply therewith, the
department of revenue may apply to a judge of the superior
court or court commissioner of the county in which said
public officer or employee holds office for an order returnable within five days from the date thereof to compel such
public officer or employee to comply with such provisions
of law or of the department’s order, or to show cause why
he should not be compelled so to do, and any order issued
by the judge pursuant thereto shall be final. The remedy
herein provided shall be cumulative and shall not exclude the
department of revenue from exercising any power or rights
otherwise granted. [1975 1st ex.s. c 278 § 155; 1961 c 15
§ 84.08.120. Prior: 1939 c 206 § 7; 1927 c 280 § 12; 1925
c 18 § 12; RRS § 11102.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.08.130 Appeals from county board of equalization to board of tax appeals—Notice. (1) Any taxpayer or
taxing unit feeling aggrieved by the action of any county
board of equalization may appeal to the board of tax appeals
by filing with the board of tax appeals in accordance with
RCW 1.12.070 a notice of appeal within thirty days after the
mailing of the decision of such board of equalization, which
notice shall specify the actions complained of; and in like
manner any county assessor may appeal to the board of tax
appeals from any action of any county board of equalization.
There shall be no fee charged for the filing of an appeal.
The board shall transmit a copy of the notice of appeal to all
named parties within thirty days of its receipt by the board.
Appeals which are not filed as provided in this section shall
be dismissed. The board of tax appeals shall require the
board appealed from to file a true and correct copy of its
decision in such action and all evidence taken in connection
therewith, and may receive further evidence, and shall make
such order as in its judgment is just and proper.
(2) The board of tax appeals may enter an order,
pursuant to subsection (1) of this section, that has effect up
to the end of the assessment cycle used by the assessor, if
there has been no intervening change in the value during that
time. [1998 c 54 § 3; 1994 c 301 § 18; 1992 c 206 § 10;
1989 c 378 § 7; 1988 c 222 § 8; 1977 ex.s. c 290 § 1; 1975
1st ex.s. c 278 § 156; 1961 c 15 § 84.08.130. Prior: 1939
c 206 § 6; 1927 c 280 § 6; 1925 c 18 § 6; RRS § 11092.]
Effective date—1992 c 206: See note following RCW 82.04.170.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
(2002 Ed.)
[Title 84 RCW—page 7]
84.08.130
Title 84 RCW: Property Taxes
Evidence submission in advance of hearing: RCW 82.03.200.
Limitation on increase in property value in appeals to board of tax appeals
from county board of equalization: RCW 84.08.060.
84.08.140 Appeals from levy of taxing district to
department of revenue. Any taxpayer feeling aggrieved by
the levy or levies of any taxing district except levies authorized by a vote of the voters of the district may appeal therefrom to the department of revenue as hereinafter provided.
Such taxpayer, upon the execution of a bond, with two or
more sufficient sureties to be approved by the county
auditor, payable to the state of Washington, in the penal sum
of two hundred dollars and conditioned that if the petitioner
shall fail in his appeal for a reduction of said levy or levies
the taxpayer will pay the taxable costs of the hearings
hereinafter provided, not exceeding the amount of such bond,
may file a written complaint with the county auditor wherein
such taxing district is located not later than ten days after the
making and entering of such levy or levies, setting forth in
such form and detail as the department of revenue shall by
general rule prescribe, the taxpayer’s objections to such levy
or levies. Upon the filing of such complaint, the county
auditor shall immediately transmit a certified copy thereof,
together with a copy of the budget or estimates of such
taxing district as finally adopted, including estimated
revenues and such other information as the department of
revenue shall by rule require, to the department of revenue.
The department of revenue shall fix a date for a hearing on
said complaint at the earliest convenient time after receipt of
said record, which hearing shall be held in the county in
which said taxing district is located, and notice of such
hearing shall be given to the officials of such taxing district,
charged with determining the amount of its levies, and to the
taxpayer on said complaint by registered mail at least five
days prior to the date of said hearing. At such hearings all
interested parties may be heard and the department of
revenue shall receive all competent evidence. After such
hearing, the department of revenue shall either affirm or
decrease the levy or levies complained of, in accordance
with the evidence, and shall thereupon certify its action with
respect thereto to the county auditor, who, in turn, shall
certify it to the taxing district or districts affected, and the
action of the department of revenue with respect to such levy
or levies shall be final and conclusive. [1994 c 301 § 19;
1975 1st ex.s. c 278 § 157; 1961 c 15 § 84.08.140. Prior:
1927 c 280 § 8; 1925 c 18 § 8; RRS § 11098.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.08.190 Assessors to meet with department of
revenue. For the purpose of instruction on the subject of
taxation, the county assessors of the state shall meet with the
department of revenue at the capital of the state, or at such
place within the state as they may determine at their previous meeting, on the second Monday of October of each year
or on such other date as may be fixed by the department of
revenue. Each assessor shall be paid by the county of his
residence his actual expenses in attending such meeting,
upon presentation to the county auditor of proper vouchers.
[1975 1st ex.s. c 278 § 158; 1961 c 15 § 84.08.190. Prior:
1939 c 206 § 16, part; 1925 ex.s. c 130 § 57, part; 1911 c
12 § 1; RRS § 11140, part.]
[Title 84 RCW—page 8]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.08.210 Confidentiality and privilege of tax
information—Exceptions—Penalty. (1) For purposes of
this section, "tax information" means confidential income
data and proprietary business information obtained by the
department in the course of carrying out the duties now or
hereafter imposed upon it in this title that has been communicated in confidence in connection with the assessment of
property and that has not been publicly disseminated by the
taxpayer, the disclosure of which would be either highly
offensive to a reasonable person and not a legitimate concern
to the public or would result in an unfair competitive
disadvantage to the taxpayer.
(2) Tax information is confidential and privileged, and
except as authorized by this section, neither the department
nor any other person may disclose tax information.
(3) Subsection (2) of this section, however, does not
prohibit the department from:
(a) Disclosing tax information to any county assessor or
county treasurer;
(b) Disclosing tax information in a civil or criminal
judicial proceeding or an administrative proceeding in
respect to taxes or penalties imposed under this title or Title
82 RCW or in respect to assessment or valuation for tax
purposes of the property to which the information or facts
relate;
(c) Disclosing tax information with the written permission of the taxpayer;
(d) Disclosing tax information to the proper officer of
the tax department of any state responsible for the imposition
or collection of property taxes, or for the valuation of
property for tax purposes, if the other state grants substantially similar privileges to the proper officers of this state;
(e) Disclosing tax information that is also maintained by
another Washington state or local governmental agency as a
public record available for inspection and copying under
chapter 42.17 RCW or is a document maintained by a court
of record not otherwise prohibited from disclosure;
(f) Disclosing tax information to a peace officer as
defined in RCW 9A.04.110 or county prosecutor, for official
purposes. The disclosure may be made only in response to
a search warrant, subpoena, or other court order, unless the
disclosure is for the purpose of criminal tax enforcement. A
peace officer or county prosecutor who receives the tax
information may disclose the tax information only for use in
the investigation and a related court proceeding, or in the
court proceeding for which the tax information originally
was sought; or
(g) Disclosing information otherwise available under
chapter 42.17 RCW.
(4) A violation of this section constitutes a gross
misdemeanor. [1997 c 239 § 1.]
(2002 Ed.)
General Provisions
Chapter 84.09
GENERAL PROVISIONS
Sections
84.09.010
84.09.020
84.09.030
84.09.035
84.09.037
84.09.040
84.09.050
84.09.060
84.09.070
Nomenclature—Taxes designated as taxes of year in which
payable.
Abbreviations authorized.
Taxing district boundaries—Establishment.
Withdrawal of certain areas of a library district, metropolitan
park district, fire protection district, or public hospital
district—Date effective.
School district boundary changes.
Penalty for nonperformance of duty by county officers.
Fees and costs allowed in civil actions against county officers.
Property tax advisor.
Authority of operating agencies to levy taxes.
84.09.010 Nomenclature—Taxes designated as taxes
of year in which payable. All annual taxes and assessments of real and personal property shall hereafter be known
and designated as taxes and assessments of the year in which
such taxes and assessments, or the initial installment thereof,
shall become due and payable. [1961 c 15 § 84.09.010.
Prior: 1939 c 136 § 2; RRS § 11112-2. Formerly RCW
84.08.150.]
84.09.020 Abbreviations authorized. In all proceedings relative to the levy, assessment or collection of taxes,
and any entries required to be made by any officer or by the
clerk of the court, letters, figures and characters may be used
to denote townships, ranges, sections, parts of sections, lots
or blocks, or parts thereof, the year or years for which taxes
were due, and the amount of taxes, assessments, penalties,
interest and costs. Whenever the abbreviation "do." or the
character "’’" or any other similar abbreviations or characters
shall be used in any such proceedings, they shall be construed and held as meaning and being the same name, word,
initial, letters, abbreviations, figure or figures, as the last one
preceding such "do." and "’’" or other similar characters.
[1961 c 15 § 84.09.020. Prior: 1925 ex.s. c 130 § 112,
part; 1897 c 71 § 93, part; 1893 c 124 § 97, part; RRS §
11273, part. Formerly RCW 84.08.170.]
84.09.030
Taxing district boundaries—
Establishment. Except as follows, the boundaries of counties, cities and all other taxing districts, for purposes of
property taxation and the levy of property taxes, shall be the
established official boundaries of such districts existing on
the first day of March of the year in which the property tax
levy is made.
The official boundaries of a newly incorporated taxing
district shall be established at a different date in the year in
which the incorporation occurred as follows:
(1) Boundaries for a newly incorporated city shall be
established on the last day of March of the year in which the
initial property tax levy is made, and the boundaries of a
road district, library district, or fire protection district or
districts, that include any portion of the area that was
incorporated within its boundaries shall be altered as of this
date to exclude this area, if the budget for the newly
incorporated city is filed pursuant to RCW 84.52.020 and the
levy request of the newly incorporated city is made pursuant
(2002 Ed.)
Chapter 84.09
to RCW 84.52.070. Whenever a proposed city incorporation
is on the March special election ballot, the county auditor
shall submit the legal description of the proposed city to the
department of revenue on or before the first day of March;
(2) Boundaries for a newly incorporated port district
shall be established on the first day of October if the
boundaries of the newly incorporated port district are
coterminous with the boundaries of another taxing district, as
they existed on the first day of March of that year;
(3) Boundaries of any other newly incorporated taxing
district shall be established on the first day of June of the
year in which the property tax levy is made if the taxing
district has boundaries coterminous with the boundaries of
another taxing district, as they existed on the first day of
March of that year;
(4) Boundaries for a newly incorporated water-sewer
district shall be established on the fifteenth of June of the
year in which the proposition under RCW 57.04.050 authorizing a water district excess levy is approved.
The boundaries of a taxing district shall be established
on the first day of June if territory has been added to, or
removed from, the taxing district after the first day of March
of that year with boundaries coterminous with the boundaries
of another taxing district as they existed on the first day of
March of that year. However, the boundaries of a road district, library district, or fire protection district or districts,
that include any portion of the area that was annexed to a
city or town within its boundaries shall be altered as of this
date to exclude this area. In any case where any instrument
setting forth the official boundaries of any newly established
taxing district, or setting forth any change in such boundaries, is required by law to be filed in the office of the
county auditor or other county official, said instrument shall
be filed in triplicate. The officer with whom such instrument is filed shall transmit two copies to the county assessor.
No property tax levy shall be made for any taxing
district whose boundaries are not established as of the dates
provided in this section. [1996 c 230 § 1613; 1994 c 292 §
4. Prior: 1989 c 378 § 8; 1989 c 217 § 1; prior: 1987 c
358 § 1; 1987 c 82 § 1; 1984 c 203 § 9; 1981 c 26 § 4;
1961 c 15 § 84.09.030; prior: 1951 c 116 § 1; 1949 c 65 §
1; 1943 c 182 § 1; 1939 c 136 § 1; Rem. Supp. 1949 §
11106-1. Formerly RCW 84.08.160.]
Part headings not law—1996 c 230: See notes following RCW
57.02.001.
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
Severability—1984 c 203: See note following RCW 35.43.140.
84.09.035 Withdrawal of certain areas of a library
district, metropolitan park district, fire protection
district, or public hospital district—Date effective.
Notwithstanding the provisions of RCW 84.09.030, the
boundaries of a library district, metropolitan park district,
fire protection district, or public hospital district that withdraws an area from its boundaries pursuant to RCW
27.12.355, 35.61.360, 52.04.056, or 70.44.235, which area
has boundaries that are coterminous with the boundaries of
a tax code area, shall be established as of the first day of
October in the year in which the area is withdrawn. [1989
c 378 § 9; 1987 c 138 § 5.]
[Title 84 RCW—page 9]
84.09.037
Title 84 RCW: Property Taxes
84.09.037 School district boundary changes. Each
school district affected by a transfer of territory from one
school district to another school district under chapter
28A.315 RCW shall retain its preexisting boundaries for the
purpose of the collection of excess tax levies authorized
under RCW 84.52.053 before the effective date of the
transfer, for such tax collection years and for such excess tax
levies as the state board of education may approve and order
that the transferred territory shall either be subject to or relieved of such excess levies, as the case may be. For the
purpose of all other excess tax levies previously authorized
under chapter 84.52 RCW and all excess tax levies authorized under RCW 84.52.053 subsequent to the effective date
of a transfer of territory, the boundaries of the affected
school districts shall be modified to recognize the transfer of
territory subject to RCW 84.09.030. [1990 c 33 § 597; 1987
c 100 § 3.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
84.09.040 Penalty for nonperformance of duty by
county officers. Every county auditor, county assessor and
county treasurer who in any case refuses or knowingly
neglects to perform any duty enjoined on him by this title,
or who consents to or connives at any evasion of its provisions whereby any proceeding herein provided for is prevented or hindered, or whereby any property required to be listed
for taxation is unlawfully exempted, or the valuation thereof
is entered on the tax roll at less than its true taxable value,
shall, for every such neglect, refusal, consent or connivance,
forfeit and pay to the state not less than two hundred nor
more than one thousand dollars, at the discretion of the
court, to be recovered before any court of competent
jurisdiction upon the complaint of any citizen who is a
taxpayer; and the prosecuting attorney shall prosecute such
suit to judgment and execution. [1961 c 15 § 84.09.040.
Prior: 1925 ex.s. c 130 § 109; 1897 c 71 § 89; 1893 c 124
§ 92; RRS § 11270. Formerly RCW 84.56.410.]
84.09.050 Fees and costs allowed in civil actions
against county officers. Whenever a civil action is commenced against any person holding the office of county
treasurer, county auditor, or any other officer, for performing
or attempting to perform any duty authorized or directed by
any statute of this state for the collection of the public
revenue, such treasurer, auditor or other officer may, in the
discretion of the court before whom such action is brought,
by an order made by such court and entered in the minutes
thereof, be allowed and paid out of the county treasury,
reasonable fees of counsel and other expenses for defending
such action. [1961 c 15 § 84.09.050. Prior: 1925 ex.s. c
130 § 110; 1897 c 71 § 90; 1893 c 124 § 93; RRS § 11271.
Formerly RCW 84.56.420.]
84.09.060
84.48.140.
Property tax advisor. See RCW
84.09.070 Authority of operating agencies to levy
taxes. Nothing in this title may be deemed to grant to any
operating agency organized under chapter 43.52 RCW, or a
project of any such operating agency, the authority to levy
[Title 84 RCW—page 10]
any tax or assessment not otherwise authorized by law.
[1983 2nd ex.s. c 3 § 56.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Chapter 84.12
ASSESSMENT AND TAXATION
OF PUBLIC UTILITIES
Sections
84.12.200
84.12.210
84.12.220
84.12.230
84.12.240
84.12.250
84.12.260
84.12.270
84.12.280
84.12.300
84.12.310
84.12.320
84.12.330
84.12.340
84.12.350
84.12.360
84.12.370
84.12.380
84.12.390
Definitions.
Property used but not owned deemed sole operating property
of owning company.
Jurisdiction to determine operating, nonoperating property.
Annual reports to be filed.
Access to books and records.
Depositions may be taken.
Default valuation by department of revenue—Penalty—
Estoppel.
Annual assessment—Sources of information.
Classification of real and personal property.
Valuation of interstate utility—Apportionment of system
value to state.
Deduction of nonoperating property.
Persons bound by notice.
Assessment roll—Notice of valuation.
Hearings on assessment, time and place of.
Apportionment of value by department of revenue.
Basis of apportionment.
Certification to county assessor—Entry upon tax rolls.
Assessment of nonoperating property.
Rules and regulations.
84.12.200 Definitions. For the purposes of this
chapter and unless otherwise required by the context:
(1) "Department" without other designation means the
department of revenue of the state of Washington.
(2) "Railroad company" means and includes any person
owning or operating a railroad, street railway, suburban
railroad or interurban railroad in this state, whether its line
of railroad be maintained at the surface, or above or below
the surface of the earth, or by whatever power its vehicles
are transported; or owning any station, depot, terminal or
bridge for railroad purposes, as owner, lessee or otherwise.
(3) "Airplane company" means and includes any person
owning, controlling, operating or managing real or personal
property, used or to be used for or in connection with or to
facilitate the conveyance and transportation of persons and/or
property by aircraft, and engaged in the business of transporting persons and/or property for compensation, as owner,
lessee or otherwise.
(4) "Electric light and power company" means and
includes any person owning, controlling, operating or
managing real or personal property, used or to be used for
or in connection with or to facilitate the generation, transmission or distribution of electricity in this state, and engaged in
the business of furnishing, transmitting, distributing or
generating electrical energy for light, heat or power for
compensation as owner, lessee or otherwise.
(5) "Telegraph company" means and includes any
person owning, controlling, operating or managing any
telegraph or cable line in this state, with appliances for the
transmission of messages, and engaged in the business of
furnishing telegraph service for compensation, as owner,
lessee or otherwise.
(2002 Ed.)
Assessment and Taxation of Public Utilities
(6) "Telephone company" means and includes any
person owning, controlling, operating or managing real or
personal property, used or to be used for or in connection
with or to facilitate the transmission of communication by
telephone in this state *through owned or controlled exchanges and/or switchboards, and engaged in the business of
furnishing telephonic communication for compensation as
owner, lessee or otherwise.
(7) "Gas company" means and includes any person
owning, controlling, operating or managing real or personal
property, used or to be used for or in connection with or to
facilitate the manufacture, transportation, or distribution of
natural or manufactured gas in this state, and engaged for
compensation in the business of furnishing gas for light,
heat, power or other use, as owner, lessee or otherwise.
(8) "Pipe line company" means and includes any person
owning, controlling, operating or managing real or personal
property, used or to be used for or in connection with or to
facilitate the conveyance or transportation of oils, natural or
manufactured gas and/or other substances, except water, by
pipe line in this state, and engaged in such business for
compensation, as owner, lessee or otherwise.
(9) "Logging railroad company" means and includes any
person owning, controlling, operating or managing real or
personal property, used or to be used for or in connection
with or to facilitate the conveyance and transportation of
forest products by rail in this state, and engaged in the
business of transporting forest products either as private
carrier or carrier for hire.
(10) "Person" means and includes any individual, firm,
copartnership, joint venture, association, corporation, trust,
or any other group acting as a unit, whether mutual, cooperative or otherwise, and/or trustees or receivers appointed by
any court.
(11) "Company" means and includes any railroad
company, airplane company, electric light and power
company, telegraph company, telephone company, gas
company, pipe line company, or logging railroad company;
and the term "companies" means and includes all of such
companies.
(12) "Operating property" means and includes all
property, real and personal, owned by any company, or held
by it as occupant, lessee or otherwise, including all franchises and lands, buildings, rights-of-way, water powers, motor
vehicles, wagons, horses, aircraft, aerodromes, hangars,
office furniture, water mains, gas mains, pipe lines, pumping
stations, tanks, tank farms, holders, reservoirs, telephone
lines, telegraph lines, transmission and distribution lines,
dams, generating plants, poles, wires, cables, conduits,
switch boards, devices, appliances, instruments, equipment,
machinery, landing slips, docks, roadbeds, tracks, terminals,
rolling stock equipment, appurtenances and all other property
of a like or different kind, situate within the state of Washington, used by the company in the conduct of its operations;
and, in case of personal property used partly within and
partly without the state, it means and includes a proportion
of such personal property to be determined as in this chapter
provided.
(13) "Nonoperating property" means all physical
property owned by any company, other than that used during
the preceding calendar year in the conduct of its operations.
It includes all lands and/or buildings wholly used by any
(2002 Ed.)
84.12.200
person other than the owning company. In cases where
lands and/or buildings are used partially by the owning
company in the conduct of its operations and partially by
any other person not assessable under this chapter under
lease, sublease, or other form of tenancy, the operating and
nonoperating property of the company whose property is assessed hereunder shall be determined by the department of
revenue in such manner as will, in its judgment, secure the
separate valuation of such operating and nonoperating
property upon a fair and equitable basis. The amount of
operating revenue received from tenants or occupants of
property of the owning company shall not be considered
material in determining the classification of such property.
[1998 c 335 § 1; 1994 c 124 § 13; 1987 c 153 § 1; 1975 1st
ex.s. c 278 § 159; 1961 c 15 § 84.12.200. Prior: 1935 c
123 § 1; 1925 ex.s. c 130 § 36; 1907 c 131 § 2; 1907 c 78
§ 2; RRS § 11156-1. Formerly RCW 84.12.010 and
84.12.020, part.]
*Reviser’s note: Language was apparently modified during the
publication process and has been restored.
Effective date—1998 c 335: "This act takes effect January 1, 1999."
[1998 c 335 § 7.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.210 Property used but not owned deemed sole
operating property of owning company. Property used but
not owned by an operating company shall, whether such use
be exclusive or jointly with others, be deemed the sole
operating property of the owning company. [1961 c 15 §
84.12.210. Prior: 1935 c 123 § 1, subdivision (19); RRS §
11156-1(19). Formerly RCW 84.12.020, part.]
84.12.220 Jurisdiction to determine operating,
nonoperating property. In all matters relating to assessment and taxation the department of revenue shall have
jurisdiction to determine what is operating property and what
is nonoperating property. [1975 1st ex.s. c 278 § 160; 1961
c 15 § 84.12.220. Prior: 1935 c 123 § 2; RRS § 11156-2.
Formerly RCW 84.12.020, part.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.230 Annual reports to be filed. Each company
doing business in this state shall annually on or before the
15th day of March, make and file with the department of
revenue an annual report, in such manner, upon such form,
and giving such information as the department may direct:
PROVIDED, That the department, upon written request filed
on or before such date and for good cause shown therein,
may allow an extension of time for filing not to exceed sixty
days. At the time of making such report each company shall
also be required to furnish to the department the annual
reports of the board of directors, or other officers to the
stockholders of the company, duplicate copies of the annual
reports made to the interstate commerce commission or its
successor agency and to the utilities and transportation
commission of this state and duplicate copies of such other
reports as the department may direct: PROVIDED, That the
duplicate copies of these annual reports shall not be due until
such time as they are due to the stockholders or commissioners. [1998 c 311 § 12; 1984 c 132 § 1; 1975 1st ex.s. c 278
[Title 84 RCW—page 11]
84.12.230
Title 84 RCW: Property Taxes
§ 161; 1961 c 15 § 84.12.230. Prior: 1935 c 123 § 3; 1925
ex.s. c 130 § 39; 1907 c 131 § 5; 1907 c 78 § 5; 1897 c 71
§ 40; 1893 c 124 § 40; 1891 c 140 § 27; 1890 p 541 § 27;
RRS § 11156-3. Formerly RCW 84.12.030.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.240 Access to books and records. The
department of revenue shall have access to all books, papers,
documents, statements and accounts on file or of record in
any of the departments of the state; and it shall have the
power to issue subpoenas, signed by the director of the
department or any duly authorized employee and served in
a like manner as a subpoena issued from courts of record, to
compel witnesses to appear and give evidence and to
produce books and papers. The director of the department
or any employee officially designated by the department is
authorized to administer oaths to witnesses. The attendance
of any witness may be compelled by attachment issued out
of any superior court upon application to said court by the
director or any duly authorized employee of the department,
upon a proper showing that such witness has been duly
served with a subpoena and has refused to appear before the
said department. In case of the refusal of a witness to
produce books, papers, documents, or accounts, or to give
evidence on matters material to the hearing, the department
may institute proceedings in the proper superior court to
compel such witness to testify or to produce such books or
papers, and to punish him for such failure or refusal. All
process issued by the department shall be served by the
sheriff of the proper county or by a duly authorized agent of
the department and such service, if made by the sheriff, shall
be certified by him to the department of revenue without any
compensation therefor. Persons appearing before the department in obedience to a subpoena shall receive the same
compensation as witnesses in the superior court. The
records, books, accounts and papers of each company shall
be subject to visitation, investigation or examination by the
department, or any employee thereof officially designated by
the department. All real and/or personal property of any
company shall be subject to visitation, investigation, examination and/or listing at any and all times by the department,
or any person officially designated by the director. [1975
1st ex.s. c 278 § 162; 1973 c 95 § 9; 1961 c 15 § 84.12.240.
Prior: 1935 c 123 § 4; 1925 ex.s. c 130 § 37; 1907 c 131 §
3; 1907 c 78 § 3; RRS § 11156-4. Formerly RCW
84.12.080.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.250 Depositions may be taken. The department of revenue, in any matter material to the valuation,
assessment or taxation of the operating property of any company, may cause the deposition of witnesses residing without
the state or absent therefrom, to be taken upon notice to the
company interested in like manner as the depositions of
witnesses are taken in civil actions in the superior court.
[1975 1st ex.s. c 278 § 163; 1961 c 15 § 84.12.250. Prior:
1935 c 123 § 5; 1925 ex.s. c 130 § 38; 1907 c 131 § 4;
1907 c 78 § 4; RRS § 11156-5. Formerly RCW 84.12.090.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
[Title 84 RCW—page 12]
84.12.260 Default valuation by department of
revenue—Penalty—Estoppel. (1) If any company shall fail
to materially comply with the provisions of RCW 84.12.230,
the department shall add to the value of such company, as a
penalty for such failure, five percent for every thirty days or
fraction thereof, not to exceed ten percent, that the company
fails to comply.
(2) If any company, or any of its officers or agents shall
refuse or neglect to make any report required by this chapter,
or by the department of revenue, or shall refuse to permit an
inspection and examination of its records, books, accounts,
papers or property requested by the department of revenue,
or shall refuse or neglect to appear before the department of
revenue in obedience to a subpoena, the department of
revenue shall inform itself to the best of its ability of the
matters required to be known, in order to discharge its duties
with respect to valuation and assessment of the property of
such company, and the department shall add to the value so
ascertained twenty-five percent as a penalty for such failure
or refusal and such company shall be estopped to question
or impeach the assessment of the department in any hearing
or proceeding thereafter. Such penalty shall be in lieu of the
penalty provided for in subsection (1) of this section. [1984
c 132 § 2; 1975 1st ex.s. c 278 § 164; 1961 c 15 §
84.12.260. Prior: 1935 c 123 § 6; 1925 ex.s. c 130 § 41;
1907 c 131 § 7; 1907 c 78 § 6; 1891 c 140 § 37; 1890 p
544 § 36; RRS § 11156-6. Formerly RCW 84.12.100.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.270 Annual assessment—Sources of information. The department of revenue shall annually make an
assessment of the operating property of all companies; and
between the fifteenth day of March and the first day of July
of each year shall prepare an assessment roll upon which it
shall enter and assess the true and fair value of all the
operating property of each of such companies as of the first
day of January of the year in which the assessment is made.
For the purpose of determining the true and fair value of
such property the department of revenue may inspect the
property belonging to said companies and may take into
consideration any information or knowledge obtained by it
from such examination and inspection of such property, or
of the books, records, and accounts of such companies, the
statements filed as required by this chapter, the reports, statements, or returns of such companies filed in the office of
any board, office, or commission of this state or any county
thereof, the earnings and earning power of such companies,
the franchises owned or used by such companies, the true
and fair valuation of any and all property of such companies,
whether operating or nonoperating property, and whether
situated within or outside the state, and any other facts,
evidence, or information that may be obtainable bearing
upon the value of the operating property: PROVIDED, That
in no event shall any statement or report required from any
company by this chapter be conclusive upon the department
of revenue in determining the amount, character, and true
and fair value of the operating property of such company.
[2001 c 187 § 3; 1997 c 3 § 113 (Referendum Bill No. 47,
approved November 4, 1997); 1994 c 301 § 20; 1975 1st
ex.s. c 278 § 165; 1961 c 15 § 84.12.270. Prior: 1939 c
206 § 19; 1935 c 123 § 7; 1925 ex.s. c 130 § 43; 1907 c
(2002 Ed.)
Assessment and Taxation of Public Utilities
131 § 8; 1907 c 78 § 7; 1891 c 140 §§ 28-31; 1890 p 541
§§ 26-33; RRS § 11156-7. Formerly RCW 84.12.040.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.280 Classification of real and personal
property. In making the assessment of the operating
property of any railroad or logging railroad company and in
the apportionment of the values and the taxation thereof, all
land occupied and claimed exclusively as the right-of-way
for railroads, with all the tracks and substructures and
superstructures which support the same, together with all
side tracks, second tracks, turn-outs, station houses, depots,
round houses, machine shops, or other buildings belonging
to the company, used in the operation thereof, without
separating the same into land and improvements, shall be
assessed as real property. And the rolling stock and other
movable property belonging to any railroad or logging
railroad company shall be considered as personal property
and taxed as such: PROVIDED, That all of the operating
property of street railway companies shall be assessed and
taxed as personal property.
All of the operating property of airplane companies,
telegraph companies, pipe line companies, and all of the
operating property other than lands and buildings of electric
light and power companies, telephone companies, and gas
companies shall be assessed and taxed as personal property.
[2001 c 187 § 4; 1998 c 335 § 2; 1997 c 3 § 114 (Referendum Bill No. 47, approved November 4, 1997); 1987 c 153
§ 2; 1961 c 15 § 84.12.280. Prior: 1935 c 123 § 8; 1925
ex.s. c 130 § 44; 1907 c 78 § 8; 1891 c 140 §§ 28-31; 1890
p 541 §§ 26-33; RRS § 11156-8. Formerly RCW
84.12.050.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Effective date—1998 c 335: See note following RCW 84.12.200.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
84.12.300 Valuation of interstate utility—
Apportionment of system value to state. In determining
the value of the operating property within this state of any
company, the properties of which lie partly within and partly
without this state, the department of revenue may, among
other things, take into consideration the value of the whole
system as a unit, and for such purpose may determine,
insofar as the same is reasonably ascertainable, the salvage
value, the actual cost new, the cost of reproduction new less
depreciation and plus appreciation, the par value, actual
value and market value of the company’s outstanding stocks
and bonds during one or more preceding years, the past,
present and prospective gross and net earnings of the whole
system as a unit.
In apportioning such system value to the state, the
department of revenue shall consider relative costs, relative
reproduction cost, relative future prospects and relative track
(2002 Ed.)
84.12.270
mileage and the distribution of terminal properties within and
without the state and such other matters and things as the
department may deem pertinent.
The department may also take into consideration the
actual cost, cost of reproduction new, and cost of reproduction new less depreciation, earning capacity and future
prospects of the property, located within the state and all
other matters and things deemed pertinent by the department
of revenue. [1975 1st ex.s. c 278 § 166; 1961 c 15 §
84.12.300. Prior: 1935 c 123 § 9; 1925 ex.s. c 130 § 44;
1907 c 78 § 8; RRS § 11156-9. Formerly RCW 84.12.060.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.310 Deduction of nonoperating property. For
the purpose of determining the system value of the operating
property of any such company, the department of revenue
shall deduct from the true and fair value of the total assets
of such company, the actual cash value of all nonoperating
property owned by such company. For such purpose the
department of revenue may require of the assessors of the
various counties within this state a detailed list of such
company’s properties assessed by them, together with the
assessable or assessed value thereof: PROVIDED, That such
assessed or assessable value shall be advisory only and not
conclusive on the department of revenue as to the value
thereof. [2001 c 187 § 5; 1997 c 3 § 115 (Referendum Bill
No. 47, approved November 4, 1997); 1994 c 301 § 21;
1975 1st ex.s. c 278 § 167; 1961 c 15 § 84.12.310. Prior:
1935 c 123 § 10; RRS § 11156-10. Formerly RCW
84.12.070.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.320 Persons bound by notice. Every person,
company or companies operating any property in this state
as defined in this chapter shall be the representative of every
title and interest in the property as owner, lessee or otherwise, and notice to such person shall be notice to all interests
in the property for the purpose of assessment and taxation.
The assessment and taxation of the property of the company
in the name of the owner, lessee or operating company shall
be deemed and held an assessment and taxation of all the
title and interest in such property of every kind and nature.
[1961 c 15 § 84.12.320. Prior: 1935 c 123 § 11; RRS §
11156-11. Formerly RCW 84.12.120.]
84.12.330 Assessment roll—Notice of valuation.
Upon the assessment roll shall be placed after the name of
each company a general description of the operating property
of the company, which shall be considered sufficient if
described in the language of RCW 84.12.200(12), as applied
to the company, following which shall be entered the true
and fair value of the operating property as determined by the
department of revenue. No assessment shall be invalidated
by reason of a mistake in the name of the company assessed,
[Title 84 RCW—page 13]
84.12.330
Title 84 RCW: Property Taxes
or the omission of the name of the owner or by the entry as
owner of a name other than that of the true owner. When
the department of revenue shall have prepared the assessment roll and entered thereon the true and fair value of the
operating property of the company, as herein required, it
shall notify the company by mail of the valuation determined
by it and entered upon the roll. [2001 c 187 § 6; 1998 c 335
§ 3; 1997 c 3 § 116 (Referendum Bill No. 47, approved
November 4, 1997); 1994 c 301 § 22; 1975 1st ex.s. c 278
§ 168; 1961 c 15 § 84.12.330. Prior: 1935 c 123 § 12;
1925 ex.s. c 130 § 44; 1907 c 78 § 8; 1891 c 140 § 35;
1890 p 543 § 35; RRS § 11156-12. Formerly RCW
84.12.110.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Effective date—1998 c 335: See note following RCW 84.12.200.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.340 Hearings on assessment, time and place
of. Following the making of an assessment, every company
may present a motion for a hearing on the assessment with
the department of revenue within the first ten working days
of July. The hearing on this motion shall be held within ten
working days following the hearing request period. During
this hearing, the company may present evidence relating to
the value of its operating property and to the value of other
taxable property in the counties in which its operating
property is situate. Upon request in writing for such hearing,
the department shall appoint a time and place therefor,
within the period aforesaid, the hearing to be conducted in
such manner as the department shall direct. Hearings
provided for in this section may be held at such times and in
such places throughout the state as the department may deem
proper or necessary, may be adjourned from time to time
and from place to place and may be conducted by the
department of revenue or by such member or members
thereof as may be duly delegated to act for it. Testimony
taken at this hearing shall be recorded. [1994 c 124 § 14;
1975 1st ex.s. c 278 § 169; 1961 c 15 § 84.12.340. Prior:
1953 c 162 § 1; 1939 c 206 § 20; 1935 c 123 § 13; RRS §
11156-13. Formerly RCW 84.12.130.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.350 Apportionment of value by department
of revenue. Upon determination by the department of
revenue of the true and fair value of the property appearing
on such rolls it shall apportion such value to the respective
counties entitled thereto, as hereinafter provided, and shall
determine the equalized assessed valuation of such property
in each such county and in the several taxing districts
therein, by applying to such actual apportioned value the
same ratio as the ratio of assessed to actual value of the
general property in such county: PROVIDED, That,
whenever the amount of the true and fair value of the operating property of any company otherwise apportionable to any
county or other taxing district shall be less than two hundred
fifty dollars, such amount need not be apportioned to such
[Title 84 RCW—page 14]
county or taxing district but may be added to the amount
apportioned to an adjacent county or taxing district. [2001
c 187 § 7; 1997 c 3 § 117 (Referendum Bill No. 47,
approved November 4, 1997); 1994 c 301 § 23; 1967 ex.s.
c 26 § 17; 1961 c 15 § 84.12.350. Prior: 1939 c 206 § 21;
1935 c 123 § 14; RRS § 11156-14. Formerly RCW
84.12.140.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
84.12.360 Basis of apportionment. The true and fair
value of the operating property assessed to a company, as
fixed and determined by the department of revenue, shall be
apportioned by the department of revenue to the respective
counties and to the taxing districts thereof wherein such
property is located in the following manner:
(1) Property of all railroad companies other than street
railroad companies, telegraph companies and pipe line
companies—upon the basis of that proportion of the value of
the total operating property within the state which the
mileage of track, as classified by the department of revenue
(in case of railroads), mileage of wire (in the case of
telegraph companies), and mileage of pipe line (in the case
of pipe line companies) within each county or taxing district
bears to the total mileage thereof within the state, at the end
of the calendar year last past. For the purpose of such
apportionment the department may classify railroad track.
(2) Property of street railroad companies, telephone
companies, electric light and power companies, and gas
companies—upon the basis of relative value of the operating
property within each county and taxing district to the value
of the total operating property within the state to be determined by such factors as the department of revenue shall
deem proper.
(3) Planes or other aircraft of airplane companies—upon
the basis of such factor or factors of allocation, to be
determined by the department of revenue, as will secure a
substantially fair and equitable division between counties and
other taxing districts.
All other property of airplane companies—upon the
basis set forth in subsection (2) of this section.
The basis of apportionment with reference to all public
utility companies above prescribed shall not be deemed
exclusive and the department of revenue in apportioning
values of such companies may also take into consideration
such other information, facts, circumstances, or allocation
factors as will enable it to make a substantially just and
correct valuation of the operating property of such companies within the state and within each county thereof. [2001
c 187 § 8; 1998 c 335 § 4; 1997 c 3 § 118 (Referendum Bill
No. 47, approved November 4, 1997); 1994 c 301 § 24;
1987 c 153 § 3; 1975 1st ex.s. c 278 § 170; 1961 c 15 §
84.12.360. Prior: 1955 c 120 § 1; 1935 c 123 § 15; 1925
ex.s. c 130 § 47; 1917 c 25 § 1; 1907 c 78 § 11; 1891 c 140
§ 33; 1890 p 541 § 30; RRS § 11156-15. Formerly RCW
84.12.150.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
(2002 Ed.)
Assessment and Taxation of Public Utilities
Application—2001 c 187: See note following RCW 84.40.020.
Effective date—1998 c 335: See note following RCW 84.12.200.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.370 Certification to county assessor—Entry
upon tax rolls. When the department of revenue shall have
determined the equalized assessed value of the operating
property of each company in each of the respective counties
and in the taxing districts thereof, as hereinabove provided,
the department of revenue shall certify such equalized
assessed value to the county assessor of the proper county.
The county assessor shall enter the company’s real operating
property upon the real property tax rolls and the company’s
personal operating property upon the personal property tax
rolls of the county, together with the values so apportioned,
and the same shall be and constitute the assessed valuation
of the operating property of the company in such county and
the taxing districts therein for that year, upon which taxes
shall be levied and collected in the same manner as on the
general property of such county. [1994 c 301 § 25; 1975 1st
ex.s. c 278 § 171; 1961 c 15 § 84.12.370. Prior: 1935 c
123 § 16; RRS § 11156-16. Formerly RCW 84.12.160.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.12.380 Assessment of nonoperating property.
All property of any company not assessed as operating
property under the provisions of this chapter shall be
assessed by the assessor of the county wherein the same may
be located or situate the same as the general property of the
county. [1961 c 15 § 84.12.380. Prior: 1935 c 123 § 17;
1891 c 140 § 34; 1890 p 542 § 33; RRS § 11156-17.
Formerly RCW 84.12.180.]
84.12.390 Rules and regulations. The department of
revenue shall have the power to make such rules and
regulations, not inconsistent herewith, as may be convenient
and necessary to enforce and carry out the provisions of this
chapter. [1975 1st ex.s. c 278 § 172; 1961 c 15 § 84.12.390.
Prior: 1935 c 123 § 18; RRS § 11156-18. Formerly RCW
84.08.070, part.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Chapter 84.14
NEW AND REHABILITATED MULTIPLE-UNIT
DWELLINGS IN URBAN CENTERS
Sections
84.14.005
84.14.007
84.14.010
84.14.020
84.14.030
84.14.040
84.14.050
84.14.060
84.14.070
84.14.080
(2002 Ed.)
Findings.
Purpose.
Definitions.
Exemption—Duration—Valuation—Exceptions.
Application—Requirements.
Designation of residential targeted area—Criteria—Local
designation—Hearing—Standards, guidelines.
Application—Procedures.
Approval—Required findings.
Processing—Approval—Denial—Appeal.
Fees.
84.12.360
84.14.090
Filing requirements upon completion—Owner, city—
Determination by city—Notice of intention of city not to
file—Extension of deadline—Appeal.
84.14.100 Report—Filing.
84.14.110 Cancellation of exemption—Notice by owner of change in
use—Additional tax—Penalty—Interest—Lien—Notice
of cancellation—Appeal—Correction of tax rolls.
84.14.900 Severability—1995 c 375.
New and rehabilitated multiple-unit dwellings in urban centers: RCW
84.14.020.
84.14.005 Findings. The legislature finds:
(1) That in many of Washington’s urban centers there
is insufficient availability of desirable and convenient
residential units to meet the needs of a growing number of
the public who would live in these urban centers if these
desirable, convenient, attractive, and livable places to live
were available;
(2) That the development of additional and desirable
residential units in these urban centers that will attract and
maintain a significant increase in the number of permanent
residents in these areas will help to alleviate the detrimental
conditions and social liability that tend to exist in the
absence of a viable residential population and will help to
achieve the planning goals mandated by the growth management act under RCW 36.70A.020; and
(3) That planning solutions to solve the problems of
urban sprawl often lack incentive and implementation
techniques needed to encourage residential redevelopment in
those urban centers lacking sufficient residential opportunities, and it is in the public interest and will benefit, provide,
and promote the public health, safety, and welfare to
stimulate new or enhanced residential opportunities within
urban centers through a tax incentive as provided by this
chapter. [1995 c 375 § 1.]
84.14.007 Purpose. It is the purpose of this chapter
to encourage increased residential opportunities in cities that
are required to plan or choose to plan under the growth
management act within urban centers where the legislative
body of the affected city has found there is insufficient
housing opportunities. It is further the purpose of this
chapter to stimulate the construction of new multifamily
housing and the rehabilitation of existing vacant and
underutilized buildings for multifamily housing in urban centers having insufficient housing opportunities that will
increase and improve residential opportunities within these
urban centers. To achieve these purposes, this chapter
provides for special valuations for eligible improvements
associated with multiunit housing in residentially deficient
urban centers. [1995 c 375 § 2.]
84.14.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "City" means either (a) a city or town with a
population of at least thirty thousand or (b) the largest city
or town, if there is no city or town with a population of at
least thirty thousand, located in a county planning under the
growth management act.
(2) "Governing authority" means the local legislative
authority of a city having jurisdiction over the property for
which an exemption may be applied for under this chapter.
[Title 84 RCW—page 15]
84.14.010
Title 84 RCW: Property Taxes
(3) "Growth management act" means chapter 36.70A
RCW.
(4) "Multiple-unit housing" means a building having
four or more dwelling units not designed or used as transient
accommodations and not including hotels and motels.
Multifamily units may result from new construction or
rehabilitated or conversion of vacant, underutilized, or
substandard buildings to multifamily housing.
(5) "Owner" means the property owner of record.
(6) "Permanent residential occupancy" means multiunit
housing that provides either rental or owner occupancy on a
nontransient basis. This includes owner-occupied or rental
accommodation that is leased for a period of at least one
month. This excludes hotels and motels that predominately
offer rental accommodation on a daily or weekly basis.
(7) "Rehabilitation improvements" means modifications
to existing structures, that are vacant for twelve months or
longer, that are made to achieve a condition of substantial
compliance with existing building codes or modification to
existing occupied structures which increase the number of
multifamily housing units.
(8) "Residential targeted area" means an area within an
urban center that has been designated by the governing
authority as a residential targeted area in accordance with
this chapter.
(9) "Substantial compliance" means compliance with
local building or housing code requirements that are typically
required for rehabilitation as opposed to new construction.
(10) "Urban center" means a compact identifiable
district where urban residents may obtain a variety of
products and services. An urban center must contain:
(a) Several existing or previous, or both, business
establishments that may include but are not limited to shops,
offices, banks, restaurants, governmental agencies;
(b) Adequate public facilities including streets, sidewalks, lighting, transit, domestic water, and sanitary sewer
systems; and
(c) A mixture of uses and activities that may include
housing, recreation, and cultural activities in association with
either commercial or office, or both, use. [2002 c 146 § 1;
2000 c 242 § 1; 1997 c 429 § 40; 1995 c 375 § 3.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
84.14.020 Exemption—Duration—Valuation—
Exceptions. (1) The value of new housing construction,
conversion, and rehabilitation improvements qualifying under
this chapter is exempt from ad valorem property taxation, for
ten successive years beginning January 1 of the year immediately following the calendar year of issuance of the
certificate of tax exemption eligibility. However, the exemption does not include the value of land or nonhousing-related
improvements not qualifying under this chapter. When a
local government adopts guidelines pursuant to RCW
84.14.030(2) and the qualifying dwelling units are each on
separate parcels for the purpose of property taxation, the
exemption may, at the local government’s discretion, be
limited to those dwelling units that meet the local guidelines.
(2) In the case of rehabilitation of existing buildings, the
exemption does not include the value of improvements
constructed prior to the submission of the application
required under this chapter. The incentive provided by this
[Title 84 RCW—page 16]
chapter is in addition to any other incentives, tax credits,
grants, or other incentives provided by law.
(3) This chapter does not apply to increases in assessed
valuation made by the assessor on nonqualifying portions of
building and value of land nor to increases made by lawful
order of a county board of equalization, the department of
revenue, or a county, to a class of property throughout the
county or specific area of the county to achieve the uniformity of assessment or appraisal required by law.
(4) At the conclusion of the ten-year exemption period,
the new or rehabilitated housing cost shall be considered as
new construction for the purposes of chapter 84.55 RCW.
[2002 c 146 § 2; 1999 c 132 § 1; 1995 c 375 § 5.]
84.14.030 Application—Requirements. An owner of
property making application under this chapter must meet the
following requirements:
(1) The new or rehabilitated multiple-unit housing must
be located in a residential targeted area as designated by the
city;
(2) The multiple-unit housing must meet the guidelines
as adopted by the governing authority that may include
height, density, public benefit features, number and size of
proposed development, parking, low-income or moderateincome occupancy requirements, and other adopted requirements indicated necessary by the city. The required amenities should be relative to the size of the project and tax
benefit to be obtained;
(3) The new, converted, or rehabilitated multiple-unit
housing must provide for a minimum of fifty percent of the
space for permanent residential occupancy. In the case of
existing occupied multifamily development, the multifamily
housing must also provide for a minimum of four additional
multifamily units. Existing multifamily vacant housing that
has been vacant for twelve months or more does not have to
provide additional multifamily units;
(4) New construction multifamily housing and rehabilitation improvements must be completed within three years
from the date of approval of the application;
(5) Property proposed to be rehabilitated must be vacant
at least twelve months before submitting an application and
fail to comply with one or more standards of the applicable
state or local building or housing codes on or after July 23,
1995; and
(6) The applicant must enter into a contract with the city
approved by the governing body under which the applicant
has agreed to the implementation of the development on
terms and conditions satisfactory to the governing authority.
[1997 c 429 § 42; 1995 c 375 § 6.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
84.14.040 Designation of residential targeted area—
Criteria—Local designation—Hearing—Standards,
guidelines. (1) The following criteria must be met before an
area may be designated as a residential targeted area:
(a) The area must be within an urban center, as determined by the governing authority;
(b) The area must lack, as determined by the governing
authority, sufficient available, desirable, and convenient
residential housing to meet the needs of the public who
(2002 Ed.)
New and Rehabilitated Multiple-Unit Dwellings in Urban Centers
would be likely to live in the urban center, if the desirable,
attractive, and livable places to live were available; and
(c) The providing of additional housing opportunity in
the area, as determined by the governing authority, will
assist in achieving one or more of the stated purposes of this
chapter.
(2) For the purpose of designating a residential targeted
area or areas, the governing authority may adopt a resolution
of intention to so designate an area as generally described in
the resolution. The resolution must state the time and place
of a hearing to be held by the governing authority to consider the designation of the area and may include such other
information pertaining to the designation of the area as the
governing authority determines to be appropriate to apprise
the public of the action intended.
(3) The governing authority shall give notice of a
hearing held under this chapter by publication of the notice
once each week for two consecutive weeks, not less than
seven days, nor more than thirty days before the date of the
hearing in a paper having a general circulation in the city
where the proposed residential targeted area is located. The
notice must state the time, date, place, and purpose of the
hearing and generally identify the area proposed to be designated as a residential targeted area.
(4) Following the hearing, or a continuance of the
hearing, the governing authority may designate all or a
portion of the area described in the resolution of intent as a
residential targeted area if it finds, in its sole discretion, that
the criteria in subsections (1) through (3) of this section have
been met.
(5) After designation of a residential targeted area, the
governing authority shall adopt standards and guidelines to
be utilized in considering applications and making the
determinations required under RCW 84.14.060. The
standards and guidelines must establish basic requirements
for both new construction and rehabilitation including
application process and procedures. These guidelines may
include the following:
(a) Requirements that address demolition of existing
structures and site utilization; and
(b) Building requirements that may include elements
addressing parking, height, density, environmental impact,
and compatibility with the existing surrounding property and
such other amenities as will attract and keep permanent
residents and that will properly enhance the livability of the
residential targeted area in which they are to be located.
[1995 c 375 § 7.]
84.14.050 Application—Procedures. An owner of
property seeking tax incentives under this chapter must
complete the following procedures:
(1) In the case of rehabilitation or where demolition or
new construction is required, the owner shall secure from the
governing authority or duly authorized agent, before commencement of rehabilitation improvements or new construction, verification of property noncompliance with applicable
building and housing codes;
(2) In the case of new and rehabilitated multifamily
housing, the owner shall apply to the city on forms adopted
by the governing authority. The application must contain the
following:
(2002 Ed.)
84.14.040
(a) Information setting forth the grounds supporting the
requested exemption including information indicated on the
application form or in the guidelines;
(b) A description of the project and site plan, including
the floor plan of units and other information requested;
(c) A statement that the applicant is aware of the
potential tax liability involved when the property ceases to
be eligible for the incentive provided under this chapter;
(3) The applicant must verify the application by oath or
affirmation; and
(4) The application must be accompanied by the
application fee, if any, required under RCW 84.14.080. The
governing authority may permit the applicant to revise an
application before final action by the governing authority.
[1999 c 132 § 2; 1997 c 429 § 43; 1995 c 375 § 8.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
84.14.060 Approval—Required findings. The duly
authorized administrative official or committee of the city
may approve the application if it finds that:
(1) A minimum of four new units are being constructed
or in the case of occupied rehabilitation or conversion a
minimum of four additional multifamily units are being
developed;
(2) The proposed project is or will be, at the time of
completion, in conformance with all local plans and regulations that apply at the time the application is approved;
(3) The owner has complied with all standards and
guidelines adopted by the city under this chapter; and
(4) The site is located in a residential targeted area of an
urban center that has been designated by the governing
authority in accordance with procedures and guidelines
indicated in RCW 84.14.040. [1995 c 375 § 9.]
84.14.070 Processing—Approval—Denial—Appeal.
(1) The governing authority or an administrative official or
commission authorized by the governing authority shall
approve or deny an application filed under this chapter
within ninety days after receipt of the application.
(2) If the application is approved, the city shall issue the
owner of the property a conditional certificate of acceptance
of tax exemption. The certificate must contain a statement
by a duly authorized administrative official of the governing
authority that the property has complied with the required
findings indicated in RCW 84.14.050.
(3) If the application is denied by the authorized
administrative official or commission authorized by the
governing authority, the deciding administrative official or
commission shall state in writing the reasons for denial and
send the notice to the applicant at the applicant’s last known
address within ten days of the denial.
(4) Upon denial by a duly authorized administrative
official or commission, an applicant may appeal the denial
to the governing authority within thirty days after receipt of
the denial. The appeal before the governing authority will
be based upon the record made before the administrative
official with the burden of proof on the applicant to show
that there was no substantial evidence to support the administrative official’s decision. The decision of the governing
body in denying or approving the application is final. [1995
c 375 § 10.]
[Title 84 RCW—page 17]
84.14.080
Title 84 RCW: Property Taxes
84.14.080 Fees. The governing authority may establish an application fee. This fee may not exceed an amount
determined to be required to cover the cost to be incurred by
the governing authority and the assessor in administering this
chapter. The application fee must be paid at the time the
application for limited exemption is filed. If the application
is approved, the governing authority shall pay the application
fee to the county assessor for deposit in the county current
expense fund, after first deducting that portion of the fee
attributable to its own administrative costs in processing the
application. If the application is denied, the governing authority may retain that portion of the application fee attributable to its own administrative costs and refund the balance
to the applicant. [1995 c 375 § 11.]
84.14.090 Filing requirements upon completion—
Owner, city—Determination by city—Notice of intention
of city not to file—Extension of deadline—Appeal. (1)
Upon completion of rehabilitation or new construction for
which an application for limited exemption under this
chapter has been approved and after issuance of the certificate of occupancy, the owner shall file with the city the following:
(a) A statement of the amount of rehabilitation or
construction expenditures made with respect to each housing
unit and the composite expenditures made in the rehabilitation or construction of the entire property;
(b) A description of the work that has been completed
and a statement that the rehabilitation improvements or new
construction on the owner’s property qualify the property for
limited exemption under this chapter; and
(c) A statement that the work has been completed within
three years of the issuance of the conditional certificate of
tax exemption.
(2) Within thirty days after receipt of the statements
required under subsection (1) of this section, the authorized
representative of the city shall determine whether the work
completed is consistent with the application and the contract
approved by the governing authority and is qualified for
limited exemption under this chapter. The city shall also
determine which specific improvements completed meet the
requirements and required findings.
(3) If the rehabilitation, conversion, or construction is
completed within three years of the date the application for
limited exemption is filed under this chapter, or within an
authorized extension of this time limit, and the authorized
representative of the city determines that improvements were
constructed consistent with the application and other applicable requirements and the owner’s property is qualified for
limited exemption under this chapter, the city shall file the
certificate of tax exemption with the county assessor within
ten days of the expiration of the thirty-day period provided
under subsection (2) of this section.
(4) The authorized representative of the city shall notify
the applicant that a certificate of tax exemption is not going
to be filed if the representative determines that:
(a) The rehabilitation or new construction was not
completed within three years of the application date, or
within any authorized extension of the time limit;
(b) The improvements were not constructed consistent
with the application or other applicable requirements; or
[Title 84 RCW—page 18]
(c) The owner’s property is otherwise not qualified for
limited exemption under this chapter.
(5) If the authorized representative of the city finds that
construction or rehabilitation of multiple-unit housing was
not completed within the required time period due to
circumstances beyond the control of the owner and that the
owner has been acting and could reasonably be expected to
act in good faith and with due diligence, the governing
authority or the city official authorized by the governing
authority may extend the deadline for completion of construction or rehabilitation for a period not to exceed twentyfour consecutive months.
(6) The governing authority may provide by ordinance
for an appeal of a decision by the deciding officer or
authority that an owner is not entitled to a certificate of tax
exemption to the governing authority, a hearing examiner, or
other city officer authorized by the governing authority to
hear the appeal in accordance with such reasonable procedures and time periods as provided by ordinance of the
governing authority. The owner may appeal a decision by
the deciding officer or authority that is not subject to local
appeal or a decision by the local appeal authority that the
owner is not entitled to a certificate of tax exemption in
superior court under RCW 34.05.510 through 34.05.598, if
the appeal is filed within thirty days of notification by the
city to the owner of the decision being challenged. [1995 c
375 § 12.]
84.14.100 Report—Filing. Thirty days after the
anniversary of the date of the certificate of tax exemption
and each year for a period of ten years, the owner of the
rehabilitated or newly constructed property shall file with a
designated agent of the city an annual report indicating the
following:
(1) A statement of occupancy and vacancy of the
rehabilitated or newly constructed property during the twelve
months ending with the anniversary date;
(2) A certification by the owner that the property has
not changed use since the date of the certificate approved by
the city; and
(3) A description of changes or improvements constructed after issuance of the certificate of tax exemption. [1995
c 375 § 13.]
84.14.110 Cancellation of exemption—Notice by
owner of change in use—Additional tax—Penalty—
Interest—Lien—Notice of cancellation—Appeal—
Correction of tax rolls. (1) If improvements have been
exempted under this chapter, the improvements continue to
be exempted and not be converted to another use for at least
ten years from date of issuance of the certificate of tax
exemption. If the owner intends to convert the multifamily
development to another use, the owner shall notify the
assessor within sixty days of the change in use. If, after a
certificate of tax exemption has been filed with the county
assessor the city or assessor or agent discovers that a portion
of the property is changed or will be changed to a use that
is other than residential or that housing or amenities no
longer meet the requirements as previously approved or
agreed upon by contract between the governing authority and
the owner and that the multifamily housing, or a portion of
(2002 Ed.)
New and Rehabilitated Multiple-Unit Dwellings in Urban Centers
the housing, no longer qualifies for the exemption, the tax
exemption must be canceled and the following must occur:
(a) Additional real property tax must be imposed upon
the value of the nonqualifying improvements in the amount
that would normally be imposed, plus a penalty must be
imposed amounting to twenty percent. This additional tax is
calculated based upon the difference between the property
tax paid and the property tax that would have been paid if it
had included the value of the nonqualifying improvements
dated back to the date that the improvements were converted
to a nonmultifamily use;
(b) The tax must include interest upon the amounts of
the additional tax at the same statutory rate charged on
delinquent property taxes from the dates on which the
additional tax could have been paid without penalty if the
improvements had been assessed at a value without regard
to this chapter; and
(c) The additional tax owed together with interest and
penalty must become a lien on the land and attach at the
time the property or portion of the property is removed from
multifamily use or the amenities no longer meet applicable
requirements, and has priority to and must be fully paid and
satisfied before a recognizance, mortgage, judgment, debt,
obligation, or responsibility to or with which the land may
become charged or liable. The lien may be foreclosed upon
expiration of the same period after delinquency and in the
same manner provided by law for foreclosure of liens for
delinquent real property taxes. An additional tax unpaid on
its due date is delinquent. From the date of delinquency
until paid, interest must be charged at the same rate applied
by law to delinquent ad valorem property taxes.
(2) Upon a determination that a tax exemption is to be
canceled for a reason stated in this section, the governing
authority shall notify the record owner of the property as
shown by the tax rolls by mail, return receipt requested, of
the determination to cancel the exemption. The owner may
appeal the determination to the governing authority within
thirty days by filing a notice of appeal with the clerk of the
governing authority, which notice must specify the factual
and legal basis on which the determination of cancellation is
alleged to be erroneous. The governing authority or a
hearing examiner or other official authorized by the governing authority may hear the appeal. At the hearing, all
affected parties may be heard and all competent evidence
received. After the hearing, the deciding body or officer
shall either affirm, modify, or repeal the decision of
cancellation of exemption based on the evidence received.
An aggrieved party may appeal the decision of the deciding
body or officer to the superior court under RCW 34.05.510
through 34.05.598.
(3) Upon determination by the governing authority or
authorized representative to terminate an exemption, the
county officials having possession of the assessment and tax
rolls shall correct the rolls in the manner provided for
omitted property under RCW 84.40.080. The county
assessor shall make such a valuation of the property and
improvements as is necessary to permit the correction of the
rolls. The value of the new housing construction, conversion, and rehabilitation improvements added to the rolls shall
be considered as new construction for the purposes of
chapter 84.55 RCW. The owner may appeal the valuation
to the county board of equalization under chapter 84.48
(2002 Ed.)
84.14.110
RCW and according to the provisions of RCW 84.40.038.
If there has been a failure to comply with this chapter, the
property must be listed as an omitted assessment for assessment years beginning January 1 of the calendar year in
which the noncompliance first occurred, but the listing as an
omitted assessment may not be for a period more than three
calendar years preceding the year in which the failure to
comply was discovered. [2002 c 146 § 3; 2001 c 185 § 1;
1995 c 375 § 14.]
Application—2001 c 185 §§ 1-12: "Sections 1 through 12 of this act
apply for [to] taxes levied in 2001 for collection in 2002 and thereafter."
[2001 c 185 § 18.]
84.14.900 Severability—1995 c 375. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1995 c 375 § 15.]
Chapter 84.16
ASSESSMENT AND TAXATION OF
PRIVATE CAR COMPANIES
Sections
84.16.010
84.16.020
84.16.030
84.16.032
84.16.034
84.16.036
84.16.040
84.16.050
84.16.090
84.16.100
84.16.110
84.16.120
84.16.130
84.16.140
Definitions.
Annual statement of private car companies.
Annual statement of railroad companies.
Access to books and records.
Depositions may be taken, when.
Default valuation by department of revenue—Penalty—
Estoppel.
Annual assessment—Sources of information.
Basis of valuation—Apportionment of system value to state.
Assessment roll—Notice of valuation.
Hearings, time and place of.
Apportionment of value to counties by department of revenue.
Basis of apportionment.
Certification to county assessors—Apportionment to taxing
districts—Entry upon tax rolls.
Assessment of nonoperating property.
84.16.010 Definitions. For the purposes of this
chapter and unless otherwise required by the context:
(1) The term "department" without other designation
means the department of revenue of the state of Washington.
(2) The term "private car company" or "company" shall
mean and include any person, copartnership, association,
company or corporation owning, controlling, operating or
managing stock cars, furniture cars, refrigerator cars, fruit
cars, poultry cars, tank cars or any other kind of cars, used
for transportation of property, by or upon railroad lines
running in, into or through the state of Washington when
such railroad lines are not owned or leased by such person,
copartnership, association, company or corporation; or
owning, controlling, operating or managing sleeping cars,
parlor cars, buffet cars, tourist cars or any other kind of cars,
used for transportation of persons by or upon railroads on
lines running in, into or through the state of Washington,
when such railroad lines are not owned or leased by such
person, copartnership, association, company or corporation
and upon which an extra charge in addition to the railroad
transportation fare is made.
[Title 84 RCW—page 19]
84.16.010
Title 84 RCW: Property Taxes
(3) The term "operating property" shall mean and
include all rolling stock and car equipment owned by any
private car company, or held by it as occupant, lessee or
otherwise, including its franchises used and reasonably
necessary in carrying on the business of such company; and
in the case of rolling stock and car equipment used partly
within and partly without the state, shall mean and include
a proportion of such rolling stock and car equipment to be
determined as in this chapter provided; and all such property
shall, for the purposes of this chapter be deemed personal
property. [1975 1st ex.s. c 278 § 173; 1961 c 15 §
84.16.010. Prior: 1933 c 146 § 1; RRS § 11172-1; prior:
1907 c 36 § 1.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.16.020 Annual statement of private car companies. Every private car company shall annually on or before
the first day of May, make and file with the department of
revenue in such form and upon such blanks as the department of revenue may provide and furnish, a statement, for
the year ending December thirty-first next preceding, under
the oath of the president, secretary, treasurer, superintendent
or chief officer of such company, containing the following
facts:
(1) The name of the company, the nature of the business
conducted by the company, and under the laws of what state
or country organized; the location of its principal office; the
name and post office address of its president, secretary,
auditor, treasurer, superintendent and general manager; the
name and post office address of the chief officer or managing agent or attorney in fact in Washington.
(2) The total number of cars of every class used in
transacting business on all lines of railroad, within the state
and outside the state; together with the original cost and the
fair average value per car of all cars of each of such classes.
(3) The total number of miles of railroad main track
over which such cars were used within this state and within
each county in this state.
(4) The total number of car miles made by all cars on
each of the several lines of railroad in this state, and the
total number of car miles made by all cars on all railroads
within and without the state during the year.
(5) A statement in detail of the entire gross receipts and
net earnings of the company during the year within the state
and of the entire system, from all sources.
(6) Such other facts or information as the department of
revenue may require in the form of return prescribed by it.
The department of revenue shall have power to prescribe directions, rules and regulations to be followed in
making the report required herein. [1975 1st ex.s. c 278 §
174; 1961 c 15 § 84.16.020. Prior: 1933 c 146 § 2; RRS
§ 11172-2; prior: 1907 c 36 § 2.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.16.030 Annual statement of railroad companies.
The president or other officer of every railroad company
whose lines run in, into or through this state, shall, on or
before the first day of April in each year, furnish to the
department of revenue a statement, verified by the affidavit
[Title 84 RCW—page 20]
of the officer making the same, showing as to every private
car company respectively, the name of the company, the
class of car and the total number of miles made by each
class of cars, and the total number of miles made by all cars
on its lines, branches, sidings, spurs or warehouse tracks,
within this state during the year ending on the thirty-first day
of December next preceding. [1975 1st ex.s. c 278 § 175;
1961 c 15 § 84.16.030. Prior: 1933 c 146 § 3; RRS §
11172-3.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.16.032 Access to books and records. The
department of revenue shall have access to all books, papers,
documents, statements and accounts on file or of record in
any of the departments of the state; and shall have the power, by summons signed by director and served in a like
manner as a subpoena issued from courts of record, to
compel witnesses to appear and give evidence and to
produce books and papers. The director or any employee
officially designated by the director is authorized to administer oaths to witnesses. The attendance of any witness may
be compelled by attachment issued out of any superior court
upon application to said court by the department, upon a
proper showing that such witness has been duly served with
a summons and has refused to appear before the said
department. In case of the refusal of a witness to produce
books, papers, documents or accounts or to give evidence on
matters material to the hearing, the department may institute
proceedings in the proper superior court to compel such
witness to testify, or to produce such books or papers and to
punish him for the refusal. All summons and process issued
by the department shall be served by the sheriff of the
proper county and such service certified by him to the
department of revenue without any compensation therefor.
Persons appearing before the department in obedience to a
summons, shall, in the discretion of the department, receive
the same compensation as witnesses in the superior court.
The records, books, accounts and papers of each company
shall be subject to visitation, investigation or examination by
the department, or any employee thereof officially designated
by the director. All real and/or personal property of any
company shall be subject to visitation, investigation, examination and/or listing at any and all times by the department,
or any person employed by the department. [1975 1st ex.s.
c 278 § 176; 1973 c 95 § 10; 1961 c 15 § 84.16.032. Prior:
1933 c 146 § 4; RRS § 11172-4; prior: 1907 c 36 § 6.
Formerly RCW 84.16.060.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.16.034 Depositions may be taken, when. The
department of revenue in any matter material to the valuation, assessment or taxation of the property of any company,
may cause the deposition of witnesses residing without the
state or absent therefrom, to be taken upon notice to the
company interested in like manner as the deposition of
witnesses are taken in civil actions in the superior court.
[1975 1st ex.s. c 278 § 177; 1961 c 15 § 84.16.034. Prior:
1933 c 146 § 5; RRS § 11172-5. Formerly RCW
84.16.070.]
(2002 Ed.)
Assessment and Taxation of Private Car Companies
84.16.034
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
1975 1st ex.s. c 278 § 179; 1961 c 15 § 84.16.040. Prior:
1939 c 206 § 22; 1933 c 146 § 7; RRS § 11172-7; prior:
1907 c 36 § 7.]
84.16.036 Default valuation by department of
revenue—Penalty—Estoppel. (1) If any company shall fail
to comply with the provisions of RCW 84.16.020, the
department shall add to the value of such company, as a
penalty for such failure, five percent for every thirty days or
fraction thereof, not to exceed ten percent, that the company
fails to comply.
(2) If any company, or its officer or agent, shall refuse
or neglect to make any report required by this chapter, or by
the department of revenue, or shall refuse or neglect to
permit an inspection and examination of its records, books,
accounts, papers or property requested by the department of
revenue, or shall refuse or neglect to appear before the
department in obedience to a summons, the department shall
inform itself the best it may of the matters to be known, in
order to discharge its duties with respect to valuation and assessment of the property of such company; and the department shall add to the value so ascertained twenty-five
percent as a penalty for the failure or refusal of such
company to make its report and such company shall be
estopped to question or impeach the assessment of the
department of revenue in any hearing or proceeding thereafter. Such penalty shall be in lieu of the penalty provided for
in subsection (1) of this section. [1984 c 132 § 3; 1975 1st
ex.s. c 278 § 178; 1961 c 15 § 84.16.036. Prior: 1933 c
146 § 6; RRS § 11172-6; prior: 1907 c 36 §§ 5, 6. Formerly RCW 84.16.080.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.16.040 Annual assessment—Sources of information. The department of revenue shall annually make an
assessment of the operating property of each private car
company; and between the first day of May and the first day
of July of each year shall prepare an assessment roll upon
which it shall enter and assess the true and fair value of all
the operating property of each of such companies as of the
first day of January of the year in which the assessment is
made. For the purpose of determining the true and fair
value of such property the department of revenue may take
into consideration any information or knowledge obtained by
it from an examination and inspection of such property, or
of the books, records, and accounts of such companies, the
statements filed as required by this chapter, the reports, statements, or returns of such companies filed in the office of
any board, office, or commission of this state or any county
thereof, the earnings and earning power of such companies,
the franchises owned or used by such companies, the true
and fair valuation of any and all property of such companies,
whether operating property or nonoperating property, and
whether situated within or without the state, and any other
facts, evidences, or information that may be obtainable
bearing upon the value of the operating property: PROVIDED, That in no event shall any statement or report required
from any company by this chapter be conclusive upon the
department of revenue in determining the amount, character,
and true and fair value of the operating property of such
company. [2001 c 187 § 9; 1997 c 3 § 119 (Referendum
Bill No. 47, approved November 4, 1997); 1994 c 301 § 26;
(2002 Ed.)
84.16.050 Basis of valuation—Apportionment of
system value to state. The department of revenue may, in
determining the true and fair value of the operating property
to be placed on the assessment roll value the entire property
as a unit. If the company owns, leases, operates or uses
property partly within and partly without the state, the
department of revenue may determine the value of the
operating property within this state by the proportion that the
value of such property bears to the value of the entire
operating property of the company, both within and without
this state. In determining the operating property which is
located within this state the department of revenue may consider and base such determination on the proportion which
the number of car miles of the various classes of cars made
in this state bears to the total number of car miles made by
the same cars within and without this state, or to the total
number of car miles made by all cars of the various classes
within and without this state. If the value of the operating
property of the company cannot be fairly determined in such
manner the department of revenue may use any other reasonable and fair method to determine the value of the operating
property of the company within this state. [2001 c 187 § 10;
1997 c 3 § 120 (Referendum Bill No. 47, approved November 4, 1997); 1994 c 301 § 27; 1975 1st ex.s. c 278 § 180;
1961 c 15 § 84.16.050. Prior: 1933 c 146 § 8; RRS §
11172-8; prior: 1907 c 36 § 7.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.16.090 Assessment roll—Notice of valuation.
Upon the assessment roll shall be placed after the name of
each company a general description of the operating property
of the company, which shall be considered sufficient if
described in the language of RCW 84.16.010(3) or otherwise, following which shall be entered the true and fair value
of the operating property as determined by the department of
revenue. No assessment shall be invalid by a mistake in the
name of the company assessed, by omission of the name of
the owner or by the entry of a name other than that of the
true owner. When the department of revenue shall have
prepared the assessment roll and entered thereon the true and
fair value of the operating property of the company, as required, it shall notify the company by mail of the valuation
determined by it and entered upon the roll; and thereupon
such valuation shall become the true and fair value of the
operating property of the company, subject to revision or
[Title 84 RCW—page 21]
84.16.090
Title 84 RCW: Property Taxes
correction by the department of revenue as hereinafter
provided; and shall be the valuation upon which, after
equalization by the department of revenue as hereinafter
provided, the taxes of such company shall be based and
computed. [2001 c 187 § 11; 1997 c 3 § 121 (Referendum
Bill No. 47, approved November 4, 1997); 1994 c 301 § 28;
1975 1st ex.s. c 278 § 181; 1961 c 15 § 84.16.090. Prior:
1933 c 146 § 9; RRS § 11172-9; prior: 1907 c 36 § 4.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.16.100 Hearings, time and place of. Every
company assessed under the provisions of this chapter shall
be entitled on its own motion to a hearing and to present
evidence before the department of revenue, within the ten
working days following the hearing request period, relating
to the value of the operating property of such company and
to the value of the other taxable property in the counties in
which the operating property of such company is situate.
Upon request in writing for such hearing, which must be
presented to the department of revenue within the first ten
working days of July following the making of the assessment, the department shall appoint a time and place therefor,
within the respective periods aforesaid, the hearing to be
conducted in such manner as the department shall direct.
Hearings provided for in this section may be held at such
times and in such places throughout the state as the department may deem proper or necessary and may be adjourned
from time to time and from place to place. [1994 c 124 §
15; 1975 1st ex.s. c 278 § 182; 1961 c 15 § 84.16.100.
Prior: 1939 c 206 § 23; 1933 c 146 § 10; RRS § 11172-10.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Effective date—1967 ex.s. c 26: See note following RCW 82.01.050.
84.16.120 Basis of apportionment. The true and fair
value of the property of each company as fixed and determined by the department of revenue as herein provided shall
be apportioned to the respective counties in the following
manner:
(1) If all the operating property of the company is
situated entirely within a county and none of such property
is located within, extends into, or through or is operated into
or through any other county, the entire value thereof shall be
apportioned to the county within which such property is situated, located, and operated.
(2) If the operating property of any company is situated
or located within, extends into or is operated into or through
more than one county, the value thereof shall be apportioned
to the respective counties into or through which its cars are
operated in the proportion that the length of main line track
of the respective railroads moving such cars in such counties
bears to the total length of main line track of such respective
railroads in this state.
(3) If the property of any company is of such character
that it will not be reasonable, feasible or fair to apportion the
value as hereinabove provided, the value thereof shall be
apportioned between the respective counties into or through
which such property extends or is operated or in which the
same is located in such manner as may be reasonable,
feasible and fair. [2001 c 187 § 13; 1997 c 3 § 123 (Referendum Bill No. 47, approved November 4, 1997); 1994 c
301 § 30; 1961 c 15 § 84.16.120. Prior: 1933 c 146 § 12;
RRS § 11172-12; prior: 1907 c 36 § 7.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
84.16.110 Apportionment of value to counties by
department of revenue. Upon determination by the
department of revenue of the true and fair value of the
property appearing on such rolls the department shall
apportion such value to the respective counties entitled
thereto as hereinafter provided, and shall determine the
equalized or assessed valuation of such property in such
counties by applying to such actual apportioned value the
same ratio as the ratio of assessed to actual value of the
general property of the respective counties: PROVIDED,
That, whenever the amount of the true and fair value of the
operating property of any company otherwise apportionable
to any county shall be less than two hundred fifty dollars,
such amount need not be apportioned to such county but
may be added to the amount apportioned to an adjacent
county. [2001 c 187 § 12; 1997 c 3 § 122 (Referendum Bill
No. 47, approved November 4, 1997); 1994 c 301 § 29;
1967 ex.s. c 26 § 18; 1961 c 15 § 84.16.110. Prior: 1939
c 206 § 24; 1933 c 146 § 11; RRS § 11172-11.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
84.16.130 Certification to county assessors—
Apportionment to taxing districts—Entry upon tax rolls.
When the department of revenue shall have determined the
equalized or assessed value of the operating property of each
company in the respective counties as hereinabove provided,
the department of revenue shall certify such equalized or
assessed value to the county assessor of the proper county;
and the county assessor shall apportion and distribute such
assessed or equalized valuation to and between the several
taxing districts of the county entitled to a proportionate value
thereof in the manner prescribed in RCW 84.16.120 for
apportionment of values between counties. The county
assessor shall enter such assessment upon the personal
property tax rolls of the county, together with the values so
apportioned, and the same shall be and constitute the
assessed valuation of the operating company in such county
for that year, upon which taxes shall be levied and collected
the same as on general property of the county. [1994 c 301
§ 31; 1975 1st ex.s. c 278 § 183; 1961 c 15 § 84.16.130.
Prior: 1939 c 206 § 25; 1933 c 146 § 13; RRS § 11172-13.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
[Title 84 RCW—page 22]
(2002 Ed.)
Assessment and Taxation of Private Car Companies
84.16.140 Assessment of nonoperating property.
All property of any company not assessed as operating
property under the provisions of this chapter shall be
assessed by the assessor of the county wherein the same may
be located or situate the same as the general property of the
county. [1961 c 15 § 84.16.140. Prior: 1933 c 146 § 14;
RRS § 11172-14.]
Chapter 84.20
EASEMENTS OF PUBLIC UTILITIES
Sections
84.20.010
84.20.020
84.20.030
84.20.040
84.20.050
Easements taxable as personalty.
Servient estate taxable as realty.
Sale for taxes—Realty to be sold subject to easement.
Realty not subject to tax on easement or property thereon.
Railroads excepted.
84.20.010 Easements taxable as personalty. Easements and the property constructed upon or occupying such
easements owned by public service corporations shall be
assessed and taxed together as personal property and the
taxes thereon shall be collected as personal property taxes.
[1961 c 15 § 84.20.010. Prior: 1929 c 199 § 1; RRS §
11188.]
84.20.020 Servient estate taxable as realty. Real
estate subject to any such easement shall be assessed and
taxed as real estate subject to such easement. [1961 c 15 §
84.20.020. Prior: 1929 c 199 § 2; RRS § 11189.]
84.20.030 Sale for taxes—Realty to be sold subject
to easement. When any such real estate is sold for delinquent taxes thereon it shall be sold subject to such easement,
and the purchaser at any such tax sale shall acquire no title
to such easement or the property constructed upon or
occupying the same. [1961 c 15 § 84.20.030. Prior: 1929
c 199 § 3; RRS § 11190.]
84.20.040 Realty not subject to tax on easement or
property thereon. Real estate subject to any such easement
shall not be chargeable with any tax levied upon such
easement or the property constructed upon or occupying such
easement and shall not be sold for the nonpayment of any
such tax. [1961 c 15 § 84.20.040. Prior: 1929 c 199 § 4;
RRS § 11191.]
84.20.050 Railroads excepted. This chapter shall not
apply to railroad easements or property. [1961 c 15 §
84.20.050. Prior: 1929 c 199 § 5; RRS § 11192.]
Chapter 84.26
HISTORIC PROPERTY
Sections
84.26.010
84.26.020
84.26.030
84.26.040
84.26.050
(2002 Ed.)
Legislative findings.
Definitions.
Special valuation criteria.
Application—Fees.
Referral of application to local review board—Agreement—
Approval or denial.
84.26.060
84.26.070
84.26.080
84.26.090
84.26.100
84.26.110
84.26.120
84.26.130
84.26.900
84.16.140
Notice to assessor of approval—Certification and filing—
Notation of special valuation.
Valuation.
Duration of special valuation—Notice of disqualification.
Disqualification for valuation—Additional tax—Lien—
Exceptions from additional tax.
Payment of additional tax—Distribution.
Special valuation—Request for assistance from state historic
preservation officer authorized.
Rules.
Appeals from decisions on applications.
Severability—1985 c 449.
84.26.010 Legislative findings. The legislature finds
and declares that it is in the public interest of the people of
the state of Washington to encourage maintenance, improvement, and preservation of privately owned historic landmarks
as the state approaches its Centennial year of 1989. To
achieve this purpose, this chapter provides special valuation
for improvements to historic property. [1985 c 449 § 1.]
84.26.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Historic property" means real property together
with improvements thereon, except property listed in a
register primarily for objects buried below ground, which is:
(a) Listed in a local register of historic places created by
comprehensive ordinance, certified by the secretary of the
interior as provided in P.L. 96-515; or
(b) Listed in the national register of historic places.
(2) "Cost" means the actual cost of rehabilitation, which
cost shall be at least twenty-five percent of the assessed
valuation of the historic property, exclusive of the assessed
value attributable to the land, prior to rehabilitation.
(3) "Special valuation" means the determination of the
assessed value of the historic property subtracting, for up to
ten years, such cost as is approved by the local review
board.
(4) "State review board" means the advisory council on
historic preservation established under chapter 27.34 RCW,
or any successor agency designated by the state to act as the
state historic preservation review board under federal law.
(5) "Local review board" means a local body designated
by the local legislative authority.
(6) "Owner" means the owner of record.
(7) "Rehabilitation" is the process of returning a
property to a state of utility through repair or alteration,
which makes possible an efficient contemporary use while
preserving those portions and features of the property which
are significant to its architectural and cultural values. [1986
c 221 § 1; 1985 c 449 § 2.]
84.26.030 Special valuation criteria. Four criteria
must be met for special valuation under this chapter. The
property must:
(1) Be an historic property;
(2) Fall within a class of historic property determined
eligible for special valuation by the local legislative authority;
(3) Be rehabilitated at a cost which meets the definition
set forth in RCW 84.26.020(2) within twenty-four months
prior to the application for special valuation; and
[Title 84 RCW—page 23]
84.26.030
Title 84 RCW: Property Taxes
(4) Be protected by an agreement between the owner
and the local review board as described in RCW
84.26.050(2). [1986 c 221 § 2; 1985 c 449 § 3.]
84.26.040 Application—Fees. An owner of property
desiring special valuation under this chapter shall apply to
the assessor of the county in which the property is located
upon forms prescribed by the department of revenue and
supplied by the county assessor. The application form shall
include a statement that the applicant is aware of the
potential tax liability involved when the property ceases to
be eligible for special valuation. Applications shall be made
no later than October 1 of the calendar year preceding the
first assessment year for which classification is requested.
The assessor may charge only such fees as are necessary to
process and record documents pursuant to this chapter.
[1986 c 221 § 3; 1985 c 449 § 4.]
84.26.050 Referral of application to local review
board—Agreement—Approval or denial. (1) Within ten
days after the filing of the application in the county
assessor’s office, the county assessor shall refer each
application for classification to the local review board.
(2) The review board shall approve the application if the
property meets the criterion of RCW 84.26.030 and is not
altered in a way which adversely affects those elements
which qualify it as historically significant, and the owner
enters into an agreement with the review board which
requires the owner for the ten-year period of the classification to:
(a) Monitor the property for its continued qualification
for the special valuation;
(b) Comply with rehabilitation plans and minimum
standards of maintenance as defined in the agreement;
(c) Make the historic aspects of the property accessible
to public view one day a year, if the property is not visible
from the public right of way;
(d) Apply to the local review board for approval or
denial of any demolition or alteration; and
(e) Comply with any other provisions in the original
agreement as may be appropriate.
(3) Once an agreement between an owner and a review
board has become effective pursuant to this chapter, there
shall be no changes in standards of maintenance, public
access, alteration, or report requirements, or any other
provisions of the agreement, during the period of the
classification without the approval of all parties to the
agreement.
(4) An application for classification as an eligible
historic property shall be approved or denied by the local
review board before December 31 of the calendar year in
which the application is made.
(5) The local review board is authorized to examine the
records of applicants. [1986 c 221 § 4; 1985 c 449 § 5.]
84.26.060 Notice to assessor of approval—
Certification and filing—Notation of special valuation.
(1) The review board shall notify the county assessor and the
applicant of the approval or denial of the application.
(2) If the local review board determines that the
property qualifies as eligible historic property, the review
[Title 84 RCW—page 24]
board shall certify the fact in writing and shall file a copy of
the certificate with the county assessor within ten days. The
certificate shall state the facts upon which the approval is
based.
(3) The assessor shall record the certificate with the
county auditor.
(4) The assessor, as to any historic property, shall value
the property under RCW 84.26.070 and, each year the
historic property is classified and so valued, shall enter on
the assessment list and tax roll that the property is being
specially valued as historic property. [1985 c 449 § 6.]
84.26.070 Valuation. (1) The county assessor shall,
for ten consecutive assessment years following the calendar
year in which application is made, place a special valuation
on property classified as eligible historic property.
(2) The entitlement of property to the special valuation
provisions of this section shall be determined as of January
1. If property becomes disqualified for the special valuation
for any reason, the property shall receive the special valuation for that part of any year during which it remained
qualified or the owner was acting in the good faith belief
that the property was qualified.
(3) At the conclusion of special valuation, the cost shall
be considered as new construction. [1986 c 221 § 5; 1985
c 449 § 7.]
84.26.080 Duration of special valuation—Notice of
disqualification. (1) When property has once been classified and valued as eligible historic property, it shall remain
so classified and be granted the special valuation provided
by RCW 84.26.070 for ten years or until the property is
disqualified by:
(a) Notice by the owner to the assessor to remove the
special valuation;
(b) Sale or transfer to an ownership making it exempt
from property taxation; or
(c) Removal of the special valuation by the assessor
upon determination by the local review board that the
property no longer qualifies as historic property or that the
owner has failed to comply with the conditions established
under RCW 84.26.050.
(2) The sale or transfer to a new owner or transfer by
reason of death of a former owner to a new owner does not
disqualify the property from the special valuation provided
by RCW 84.26.070 if:
(a) The property continues to qualify as historic property; and
(b) The new owner files a notice of compliance with the
assessor of the county in which the property is located.
Notice of compliance forms shall be prescribed by the state
department of revenue and supplied by the county assessor.
The notice shall contain a statement that the new owner is
aware of the special valuation and of the potential tax
liability involved when the property ceases to be valued as
historic property under this chapter. The signed notice of
compliance shall be attached to the real estate excise tax
affidavit provided for in RCW 82.45.150. If the notice of
compliance is not signed by the new owner and attached to
the real estate excise tax affidavit, all additional taxes
calculated pursuant to RCW 84.26.090 shall become due and
(2002 Ed.)
Historic Property
payable by the seller or transferor at time of sale. The
county auditor shall not accept an instrument of conveyance
of specially valued historic property for filing or recording
unless the new owner has signed the notice of compliance or
the additional tax has been paid, as evidenced by the real
estate excise tax stamp affixed thereto by the treasurer.
(3) When the property ceases to qualify for the special
valuation the owner shall immediately notify the state or
local review board.
(4) Before the additional tax or penalty imposed by
RCW 84.26.090 is levied, in the case of disqualification, the
assessor shall notify the taxpayer by mail, return receipt
requested, of the disqualification. [2000 c 103 § 22; 1999 c
233 § 19; 1986 c 221 § 6; 1985 c 449 § 8.]
Effective date—1999 c 233: See note following RCW 4.28.320.
84.26.090 Disqualification for valuation—Additional
tax—Lien—Exceptions from additional tax. (1) Except as
provided in subsection (3) of this section, whenever property
classified and valued as eligible historic property under
RCW 84.26.070 becomes disqualified for the valuation, there
shall be added to the tax an additional tax equal to:
(a) The cost multiplied by the levy rate in each year the
property was subject to special valuation; plus
(b) Interest on the amounts of the additional tax at the
statutory rate charged on delinquent property taxes from the
dates on which the additional tax could have been paid
without penalty if the property had not been valued as
historic property under this chapter; plus
(c) A penalty equal to twelve percent of the amount
determined in (a) and (b) of this subsection.
(2) The additional tax and penalties, together with
applicable interest thereon, shall become a lien on the
property which shall have priority to and shall be fully paid
and satisfied before any recognizance, mortgage, judgment,
debt, obligation, or responsibility to or with which the
property may become charged or liable.
(3) The additional tax, interest, and penalty shall not be
imposed if the disqualification resulted solely from:
(a) Sale or transfer of the property to an ownership
making it exempt from taxation;
(b) Alteration or destruction through no fault of the
owner; or
(c) A taking through the exercise of the power of
eminent domain. [1986 c 221 § 7; 1985 c 449 § 9.]
84.26.100 Payment of additional tax—Distribution.
The additional tax, penalties, and/or interest provided by
RCW 84.26.090 shall be payable in full thirty days after the
date which the treasurer’s statement therefor is rendered.
Such additional tax when collected shall be distributed by
the county treasurer in the same manner in which current
taxes applicable to the subject land are distributed. [1985 c
449 § 10.]
84.26.110 Special valuation—Request for assistance
from state historic preservation officer authorized. The
local legislative authority and the local review board may
request the assistance of the state historic preservation officer
in conducting special valuation activities. [1985 c 449 § 11.]
(2002 Ed.)
84.26.080
84.26.120 Rules. The state review board shall adopt
rules necessary to carry out the purposes of this chapter.
The rules shall include rehabilitation and maintenance
standards for historic properties to be used as minimum requirements by local review boards to ensure that the historic
property is safe and habitable, including but not limited to:
(1) Elimination of visual blight due to past neglect of
maintenance and repair to the exterior of the building,
including replacement of broken or missing doors and
windows, repair of deteriorated architectural features, and
painting of exterior surfaces;
(2) Correction of structural defects and hazards;
(3) Protection from weather damage due to defective
roofing, flashings, glazing, caulking, or lack of heat; and
(4) Elimination of any condition on the premises which
could cause or augment fire or explosion. [1985 c 449 §
12.]
84.26.130 Appeals from decisions on applications.
Any decision by a local review board on an application for
classification as historic property eligible for special valuation may be appealed to superior court under RCW
34.05.510 through 34.05.598 in addition to any other remedy
at law. Any decision on the disqualification of historic
property eligible for special valuation, or any other dispute,
may be appealed to the county board of equalization in
accordance with RCW 84.40.038. [2001 c 185 § 2; 1989 c
175 § 178; 1985 c 449 § 13.]
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Effective date—1989 c 175: See note following RCW 34.05.010.
84.26.900 Severability—1985 c 449. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 449 § 15.]
Chapter 84.33
TIMBER AND FOREST LANDS
Sections
84.33.010
84.33.035
84.33.040
Legislative findings.
Definitions.
Timber on privately or federally owned land exempted from
ad valorem taxation.
84.33.041 State excise tax on harvesters of timber imposed—Credit for
county tax—Deposit of moneys in timber tax distribution account.
84.33.046 Excise tax rate July 1, 1988, and thereafter.
84.33.051 County excise tax on harvesters of timber authorized—
Rate—Administration and collection—Deposit of moneys in timber tax distribution account—Use.
84.33.074 Excise tax on harvesters of timber—Calculation of tax by
small harvesters—Election—Filing form.
84.33.075 Excise tax on harvesters of timber—Exemption for certain
nonprofit organizations, associations, or corporations.
84.33.077 Credit for property taxes paid on timber on public land.
84.33.0775 Timber harvest tax credit.
84.33.078 Sale of timber on nonfederally owned public land—Notice
of sale or prospectus to indicate tax treatment.
84.33.081 Distributions from timber tax distribution account—
Distributions from county timber tax account.
84.33.086 Payment of tax.
84.33.088 Reporting requirements on timber purchase.
[Title 84 RCW—page 25]
Chapter 84.33
84.33.091
84.33.096
84.33.120
84.33.130
84.33.140
84.33.145
84.33.170
84.33.175
84.33.200
84.33.210
84.33.220
84.33.230
84.33.240
84.33.250
84.33.260
84.33.270
Title 84 RCW: Property Taxes
Tables of stumpage values—Revised tables—Legislative
review—Appeal.
Application of excise taxes’ administrative provisions and
definitions.
Forest land valuation—Assessor to list forest land at grade
and class values—Computation of assessed value—
Adjustment of values—Certification—Use—Notice of
continuance—Appeals—Removal of classification—
Compensating tax.
Forest land valuation—Application by owner that land be
designated and valued as forest land—Hearing—Rules—
Approval, denial of application—Appeal.
Forest land valuation—Notation of forest land designation
upon assessment and tax rolls—Notice of continuance—
Removal of designation—Compensating tax.
Compensating tax.
Application of chapter to Christmas trees.
Application of tax—Sale of land to governmental agency
with reservation of rights to timber—Conveyance by
governmental agency of trees.
Legislative review of timber tax system—Information and
data to be furnished.
Forest land valuation—Special benefit assessments.
Forest land valuation—Withdrawal from designation or
change in use—Liability.
Forest land valuation—Change in designation—Notice.
Forest land valuation—Change in classification or use—
Application of payments.
Forest land valuation—Special benefit assessments.
Forest land valuation—Withdrawal from designation or
change in use—Benefit assessments.
Forest land valuation—Government future development
right—Conserving forest land—Exemptions.
84.33.010 Legislative findings. As a result of the
study and analysis of systems of taxation of standing timber
and forest lands by the forest tax committee pursuant to
Senate Concurrent Resolution No. 30 of the 41st session of
the legislature, and the recommendations of the committee
based thereon, the legislature hereby finds that:
(1) The public welfare requires that this state’s system
for taxation of timber and forest lands be modernized to
assure the citizens of this state and its future generations the
advantages to be derived from the continuous production of
timber and forest products from the significant area of privately owned forests in this state. It is this state’s policy to
encourage forestry and restocking and reforesting of such
forests so that present and future generations will enjoy the
benefits which forest areas provide in enhancing water
supply, in minimizing soil erosion, storm and flood damage
to persons or property, in providing a habitat for wild game,
in providing scenic and recreational spaces, in maintaining
land areas whose forests contribute to the natural ecological
equilibrium, and in providing employment and profits to its
citizens and raw materials for products needed by everyone.
(2) The combination of variations in quantities, qualities
and locations of timber and forest lands, the fact that market
areas for timber products are nation-wide and world-wide
and the unique long term nature of investment costs and
risks associated with growing timber, all make exceedingly
difficult the function of valuing and assessing timber and
forest lands.
(3) The existing ad valorem property tax system is
unsatisfactory for taxation of standing timber and forest land
and will significantly frustrate, to an ever increasing degree
with the passage of time, the perpetual enjoyment of the
benefits enumerated above.
[Title 84 RCW—page 26]
(4) For these reasons it is desirable, in exercise of the
powers to promote the general welfare and to impose taxes;
that
(a) the ad valorem system for taxing timber be modified
and discontinued in stages over a three year period during
which such system will be replaced by one under which
timber will be taxed on the basis of stumpage value at the
time of harvest, and
(b) forest land remain under the ad valorem taxation
system but be taxed only as provided in this chapter and
RCW 28A.150.250. [1990 c 33 § 598; 1984 c 204 § 16;
1971 ex.s. c 294 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.33.035 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Agricultural methods" means the cultivation of trees
that are grown on land prepared by intensive cultivation and
tilling, such as irrigating, plowing, or turning over the soil,
and on which all unwanted plant growth is controlled
continuously for the exclusive purpose of raising trees such
as Christmas trees and short-rotation hardwoods.
(2) "Average rate of inflation" means the annual rate of
inflation as determined by the department averaged over the
period of time as provided in RCW 84.33.220 (1) and (2).
This rate shall be published in the state register by the
department not later than January 1st of each year for use in
that assessment year.
(3) "Composite property tax rate" for a county means
the total amount of property taxes levied upon forest lands
by all taxing districts in the county other than the state,
divided by the total assessed value of all forest land in the
county.
(4) "Forest land" is synonymous with "designated forest
land" and means any parcel of land that is twenty or more
acres or multiple parcels of land that are contiguous and total
twenty or more acres that is or are devoted primarily to
growing and harvesting timber. Designated forest land
means the land only and does not include a residential
homesite. The term includes land used for incidental uses
that are compatible with the growing and harvesting of
timber but no more than ten percent of the land may be used
for such incidental uses. It also includes the land on which
appurtenances necessary for the production, preparation, or
sale of the timber products exist in conjunction with land
producing these products.
(5) "Harvested" means the time when in the ordinary
course of business the quantity of timber by species is first
definitely determined. The amount harvested shall be
determined by the Scribner Decimal C Scale or other
prevalent measuring practice adjusted to arrive at substantially equivalent measurements, as approved by the department.
(6) "Harvester" means every person who from the
person’s own land or from the land of another under a right
or license granted by lease or contract, either directly or by
contracting with others for the necessary labor or mechanical
services, fells, cuts, or takes timber for sale or for commercial or industrial use. When the United States or any
(2002 Ed.)
Timber and Forest Lands
instrumentality thereof, the state, including its departments
and institutions and political subdivisions, or any municipal
corporation therein so fells, cuts, or takes timber for sale or
for commercial or industrial use, the harvester is the first
person other than the United States or any instrumentality
thereof, the state, including its departments and institutions
and political subdivisions, or any municipal corporation
therein, who acquires title to or a possessory interest in the
timber. The term "harvester" does not include persons performing under contract the necessary labor or mechanical
services for a harvester.
(7) "Harvesting and marketing costs" means only those
costs directly associated with harvesting the timber from the
land and delivering it to the buyer and may include the costs
of disposing of logging residues. Any other costs that are
not directly and exclusively related to harvesting and
marketing of the timber, such as costs of permanent roads or
costs of reforesting the land following harvest, are not
harvesting and marketing costs.
(8) "Incidental use" means a use of designated forest
land that is compatible with its purpose for growing and
harvesting timber. An incidental use may include a gravel
pit, a shed or land used to store machinery or equipment
used in conjunction with the timber enterprise, and any other
use that does not interfere with or indicate that the forest
land is no longer primarily being used to grow and harvest
timber.
(9) "Local government" means any city, town, county,
water-sewer district, public utility district, port district,
irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other
political subdivision authorized to levy special benefit
assessments for sanitary or storm sewerage systems, domestic water supply or distribution systems, or road construction
or improvement purposes.
(10) "Local improvement district" means any local
improvement district, utility local improvement district, local
utility district, road improvement district, or any similar unit
created by a local government for the purpose of levying
special benefit assessments against property specially benefited by improvements relating to the districts.
(11) "Owner" means the party or parties having the fee
interest in land, except where land is subject to a real estate
contract "owner" means the contract vendee.
(12) "Primarily" or "primary use" means the existing use
of the land is so prevalent that when the characteristic use of
the land is evaluated any other use appears to be conflicting
or nonrelated.
(13) "Short-rotation hardwoods" means hardwood trees,
such as but not limited to hybrid cottonwoods, cultivated by
agricultural methods in growing cycles shorter than fifteen
years.
(14) "Small harvester" means every person who from
his or her own land or from the land of another under a right
or license granted by lease or contract, either directly or by
contracting with others for the necessary labor or mechanical
services, fells, cuts, or takes timber for sale or for commercial or industrial use in an amount not exceeding two million
board feet in a calendar year. When the United States or
any instrumentality thereof, the state, including its departments and institutions and political subdivisions, or any
municipal corporation therein so fells, cuts, or takes timber
(2002 Ed.)
84.33.035
for sale or for commercial or industrial use, not exceeding
these amounts, the small harvester is the first person other
than the United States or any instrumentality thereof, the
state, including its departments and institutions and political
subdivisions, or any municipal corporation therein, who
acquires title to or a possessory interest in the timber. Small
harvester does not include persons performing under contract
the necessary labor or mechanical services for a harvester,
and it does not include the harvesters of Christmas trees or
short-rotation hardwoods.
(15) "Special benefit assessments" means special
assessments levied or capable of being levied in any local
improvement district or otherwise levied or capable of being
levied by a local government to pay for all or part of the
costs of a local improvement and which may be levied only
for the special benefits to be realized by property by reason
of that local improvement.
(16) "Stumpage value of timber" means the appropriate
stumpage value shown on tables prepared by the department
under RCW 84.33.091, provided that for timber harvested
from public land and sold under a competitive bidding
process, stumpage value shall mean the actual amount paid
to the seller in cash or other consideration. Whenever
payment for the stumpage includes considerations other than
cash, the value shall be the fair market value of the other
consideration. If the other consideration is permanent roads,
the value of the roads shall be the appraised value as
appraised by the seller.
(17) "Timber" means forest trees, standing or down, on
privately or publicly owned land, and except as provided in
RCW 84.33.170 includes Christmas trees and short-rotation
hardwoods.
(18) "Timber assessed value" for a county means a
value, calculated by the department before October 1st of
each year, equal to the total stumpage value of timber
harvested from privately owned land in the county during the
most recent four calendar quarters for which the information
is available multiplied by a ratio. The numerator of the ratio
is the rate of tax imposed by the county under RCW
84.33.051 for the year of the calculation. The denominator
of the ratio is the composite property tax rate for the county
for taxes due in the year of the calculation, expressed as a
percentage of assessed value.
(19) "Timber assessed value" for a taxing district means
the timber assessed value for the county multiplied by a
ratio. The numerator of the ratio is the total assessed value
of forest land in the taxing district. The denominator is the
total assessed value of forest land in the county. As used in
this section, "assessed value of forest land" means the
assessed value of forest land for taxes due in the year the
timber assessed value for the county is calculated.
(20) "Timber management plan" means a plan prepared
by a trained forester, or any other person with adequate
knowledge of timber management practices, concerning the
use of the land to grow and harvest timber. Such a plan
includes:
(a) A legal description of the forest land;
(b) A statement that the forest land is held in contiguous
ownership of twenty or more acres and is primarily devoted
to and used to grow and harvest timber;
[Title 84 RCW—page 27]
84.33.035
Title 84 RCW: Property Taxes
(c) A brief description of the timber on the forest land
or, if the timber on the land has been harvested, the owner’s
plan to restock the land with timber;
(d) A statement about whether the forest land is also
used to graze livestock;
(e) A statement about whether the land has been used in
compliance with the restocking, forest management, fire
protection, insect and disease control, and forest debris
provisions of Title 76 RCW; and
(f) If the land has been recently harvested or supports a
growth of brush and noncommercial type timber, a description of the owner’s plan to restock the forest land within
three years. [2001 c 249 § 1; 2001 c 97 § 1; 1995 c 165 §
1; 1986 c 315 § 1; 1984 c 204 § 1.]
Reviser’s note: This section was amended by 2001 c 97 § 1 and by
2001 c 249 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—1995 c 165: "This act applies to taxes levied in 1995
for collection in 1996 and thereafter." [1995 c 165 § 3.]
Savings—1984 c 204: "This act shall not be construed as affecting
any existing right acquired or liability or obligation incurred under the
sections amended or repealed in this act or under any rule, regulation, or
order adopted under those sections, nor as affecting any proceeding
instituted under those sections." [1984 c 204 § 48.]
Effective date—1984 c 204: "This act shall take effect July 1, 1984."
[1984 c 204 § 49.]
84.33.040 Timber on privately or federally owned
land exempted from ad valorem taxation. Timber on
privately owned land or federally owned land shall be
exempt from ad valorem taxation. [1984 c 204 § 18; 1983
1st ex.s. c 62 § 7; 1971 ex.s. c 294 § 4.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
Short title—Intent—Effective dates—Applicability—1983 1st ex.s.
c 62: See notes following RCW 84.36.477.
84.33.041 State excise tax on harvesters of timber
imposed—Credit for county tax—Deposit of moneys in
timber tax distribution account. (1) An excise tax is
imposed on every person engaging in this state in business
as a harvester of timber on privately or publicly owned land.
The tax is equal to the stumpage value of timber harvested
for sale or for commercial or industrial use multiplied by the
rate provided in this chapter.
(2) A credit is allowed against the tax imposed under
this section for any tax paid under RCW 84.33.051.
(3) Moneys received as payment for the tax imposed
under this section and RCW 84.33.051 shall be deposited in
the timber tax distribution account hereby established in the
state treasury. [1991 sp.s. c 13 § 26; 1985 c 57 § 87; 1984
c 204 § 2.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
Use of collection agencies to collect taxes outside the state: RCW
82.32.265.
84.33.046 Excise tax rate July 1, 1988, and thereafter. The rate of tax imposed under RCW 84.33.041 for
[Title 84 RCW—page 28]
timber harvested July 1, 1988, and thereafter, shall be five
percent. [1984 c 204 § 7.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.33.051 County excise tax on harvesters of timber
authorized—Rate—Administration and collection—
Deposit of moneys in timber tax distribution account—
Use. (1) The legislative body of any county may impose a
tax upon every person engaging in the county in business as
a harvester effective October 1, 1984. The tax shall be equal
to the stumpage value of timber harvested from privately
owned land multiplied by a rate of four percent.
(2) Before the effective date of any ordinance imposing
a tax under this section, the county shall contract with the
department of revenue for administration and collection of
the tax. The tax collected by the department of revenue
under this section shall be deposited by the department in the
timber tax distribution account. Moneys in the account may
be spent only for distributions to counties under RCW
84.33.081 and, after appropriation by the legislature, for the
activities undertaken by the department of revenue relating
to the collection and administration of the taxes imposed
under this section and RCW 84.33.041. Appropriations are
not required for distributions to counties under RCW
84.33.081. [1984 c 204 § 8.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.33.074 Excise tax on harvesters of timber—
Calculation of tax by small harvesters—Election—Filing
form. (1) A small harvester may elect to calculate the tax
imposed by this chapter in the manner provided in this
section.
(2) Timber shall be considered harvested at the time
when in the ordinary course of business the quantity thereof
by species is first definitely determined. The amount
harvested shall be determined by the Scribner Decimal C
Scale or other prevalent measuring practice adjusted to arrive
at substantially equivalent measurements, as approved by the
department of revenue.
(3) Timber values shall be determined by either of the
following methods, whichever is most appropriate to the
circumstances of the harvest:
(a) When standing timber is sold on the stump, the
taxable value is the actual gross receipts received by the
landowner from the sale of the standing timber.
(b) When timber is sold after it has been harvested, the
taxable value is the actual gross receipts from sale of the
harvested timber minus the costs of harvesting and marketing
the timber. When the taxpayer is unable to provide documented proof of harvesting and marketing costs, this
deduction for harvesting and marketing costs shall be a
percentage of the gross receipts from sale of the harvested
timber as determined by the department of revenue but in no
case less than twenty-five percent.
(4) The department of revenue shall prescribe a short
filing form which shall be as simple as possible. [1984 c
204 § 19; 1981 c 146 § 2.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
(2002 Ed.)
Timber and Forest Lands
Effective date—1981 c 146: "This act shall take effect January 1,
1982." [1981 c 146 § 3.]
Severability—1981 c 146: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 146 § 4.]
84.33.075 Excise tax on harvesters of timber—
Exemption for certain nonprofit organizations, associations, or corporations. The excise tax imposed by this
chapter shall not apply to any timber harvested by a nonprofit organization, association, or corporation from forest lands
owned by it, where such lands are exempt from property
taxes under RCW 84.36.030, and where all of the income
and receipts of the nonprofit organization, association, or
corporation derived from such timber sales are used solely
for the expense of promoting, operating, and maintaining
youth programs which are equally available to all, regardless
of race, color, national origin, ancestry, or religious belief.
In order to determine whether the harvesting of timber
by a nonprofit organization, association, or corporation is
exempt, the director of the department of revenue shall have
access to its books.
For the purposes of this section, a "nonprofit" organization, association, or corporation is one: (1) Which pays no
part of its income directly or indirectly to its members,
stockholders, officers, directors, or trustees except in the
form of services rendered by the organization, association, or
corporation in accordance with its purposes and bylaws; and
(2) which pays salary or compensation to its officers only for
actual services rendered, and at levels comparable to the
salary or compensation of like positions within the public
services of the state. [1984 c 204 § 20; 1980 c 134 § 6.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.33.077 Credit for property taxes paid on timber
on public land. The amount of any property taxes paid on
timber standing on public land shall be allowed as a credit
against any tax imposed with respect to the business of
harvesting timber from publicly owned land under RCW
84.33.041. However, the amount of credit allowed shall not
exceed the amount of excise tax due in respect to the
business of harvesting timber from publicly owned land.
[1984 c 204 § 21; 1983 1st ex.s. c 62 § 8.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
Short title—Intent—Effective dates—Applicability—1983 1st ex.s.
c 62: See notes following RCW 84.36.477.
84.33.0775 Timber harvest tax credit. (1) A
taxpayer is allowed a credit against the tax imposed under
RCW 84.33.041 for timber harvested on and after January 1,
2000, under a forest practices notification filed or application
approved under RCW 76.09.050 and subject to enhanced
aquatic resources requirements.
(2)(a) For a person other than a small harvester who
elects to calculate tax under RCW 84.33.074, the credit is
equal to the stumpage value of timber harvested for sale or
for commercial or industrial use multiplied by eight-tenths of
one percent.
(2002 Ed.)
84.33.074
(b) For a small harvester who elects to calculate tax
under RCW 84.33.074, the credit is equal to sixteen percent
of the tax imposed under this chapter.
(c) The amount of credit claimed by a taxpayer under
this section shall be reduced by the amount of any compensation received from the federal government for reduced
timber harvest due to enhanced aquatic resource requirements. If the amount of compensation from the federal
government exceeds the amount of credit available to a
taxpayer in any reporting period, the excess shall be carried
forward and applied against credits in future reporting
periods. This subsection does not apply to small harvesters
as defined in *RCW 84.33.073.
(d) Refunds may not be given in place of credits.
Credit may not be claimed in excess of tax owed. The
department of revenue shall disallow any credits, used or
unused, upon written notification from the department of
natural resources of a final decision that timber for which
credit was claimed was not harvested under a forest practices
notification filed or application approved under RCW
76.09.050 and subject to enhanced aquatic resources requirements.
(3) As used in this section, a forest practice[s] notification or application is subject to enhanced aquatic resource
requirements if it includes, in whole or in part, riparian area,
wetland, or steep or unstable slope from which the operator
is limited, by rule adopted under RCW 76.09.055, 34.05.090,
43.21C.250, and 76.09.370, or any federally approved habitat
conservation plan or department of natural resources approved watershed analysis, from harvesting timber, or if a
road is included within or adjacent to the area covered by
such notification or application and the road is covered by a
road maintenance plan approved by the department of natural
resources under rules adopted under chapter 76.09 RCW, the
forest practices act, or a federally approved habitat conservation plan.
(4) For forest practices notification or applications
submitted after January 1, 2000, the department of natural
resources shall indicate whether the notification or application is subject to enhanced aquatic resource requirements
and, unless notified of a contrary determination by the forest
practices appeals board, the department of revenue shall use
such indication in determining the credit to be allowed
against the tax assessed under RCW 84.33.041. The
department of natural resources shall develop revisions to the
form of the forest practices notifications and applications to
provide a space for the applicant to indicate and the department of natural resources to confirm or not confirm, whether
the notification or application is subject to enhanced aquatic
resource requirements. For forest practices notifications or
applications submitted before January 1, 2000, the applicant
may submit the approved notification or application to the
department of natural resources for confirmation that the
notification or application is subject to enhanced aquatic
resource requirements. Upon any such submission, the
department of natural resources will within thirty days
confirm or deny that the notification or application is subject
to enhanced aquatic resource requirements and will forward
separate evidence of each confirmation to the department of
revenue. Unless notified of a contrary ruling by the forest
practices appeals board, the department of revenue shall use
[Title 84 RCW—page 29]
84.33.0775
Title 84 RCW: Property Taxes
the separate confirmations in determining the credit to be
allowed against the tax assessed under RCW 84.33.041.
(5) A refusal by the department of natural resources to
confirm that a notification or application is subject to
enhanced aquatic resources requirements may be appealed to
the forest practices appeals board under RCW 76.09.220.
(6) A person receiving approval of credit must keep
records necessary for the department of revenue to verify
eligibility under this section. [1999 sp.s. c 5 § 1; 1999 sp.s.
c 4 § 401.]
*Reviser’s note: RCW 84.33.073 was repealed by 2001 c 249 § 16.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
84.33.078 Sale of timber on nonfederally owned
public land—Notice of sale or prospectus to indicate tax
treatment. When any timber standing on public land, other
than federally owned land, is sold separate from the land, the
department of natural resources or other governmental unit,
as appropriate, shall state in its notice of the sale or prospectus that timber sold separate from the land is subject to
property tax and that the amount of the tax paid may be used
as a credit against any tax imposed with respect to business
of harvesting timber from publicly owned land under RCW
84.33.041. [1986 c 65 § 1; 1984 c 204 § 22; 1983 1st ex.s.
c 62 § 9.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
Short title—Intent—Effective dates—Applicability—1983 1st ex.s.
c 62: See notes following RCW 84.36.477.
84.33.081 Distributions from timber tax distribution
account—Distributions from county timber tax account.
(1) On the last business day of the second month of each
calendar quarter, the state treasurer shall distribute from the
timber tax distribution account to each county the amount of
tax collected on behalf of each county under RCW
84.33.051, less each county’s proportionate share of appropriations for collection and administration activities under
RCW 84.33.051, and shall transfer to the state general fund
the amount of tax collected on behalf of the state under
RCW 84.33.041, less the state’s proportionate share of
appropriations for collection and administration activities
under RCW 84.33.041. The county treasurer shall deposit
moneys received under this section in a county timber tax
account which shall be established by each county. Following receipt of moneys under this section, the county treasurer
shall make distributions from any moneys available in the
county timber tax account to taxing districts in the county,
except the state, under subsections (2) through (4) of this
section.
(2) From moneys available, there first shall be a
distribution to each taxing district having debt service
payments due during the calendar year, based upon bonds
issued under authority of a vote of the people conducted
pursuant to RCW 84.52.056 and based upon excess levies
for a capital project fund authorized pursuant to RCW
84.52.053, of an amount equal to the timber assessed value
of the district multiplied by the tax rate levied for payment
of the debt service and capital projects: PROVIDED, That
in respect to levies for a debt service or capital project fund
authorized before July 1, 1984, the amount allocated shall
[Title 84 RCW—page 30]
not be less than an amount equal to the same percentage of
such debt service or capital project fund represented by
timber tax allocations to such payments in calendar year
1984. Distribution under this subsection (2) shall be used
only for debt service and capital projects payments. The
distribution under this subsection shall be made as follows:
One-half of such amount shall be distributed in the first
quarter of the year and one-half shall be distributed in the
third quarter of the year.
(3) From the moneys remaining after the distributions
under subsection (2) of this section, the county treasurer
shall distribute to each school district an amount equal to
one-half of the timber assessed value of the district or eighty
percent of the timber roll of such district in calendar year
1983 as determined under this chapter, whichever is greater,
multiplied by the tax rate, if any, levied by the district under
RCW 84.52.052 or 84.52.053 for purposes other than debt
service payments and capital projects supported under
subsection (2) of this section. The distribution under this
subsection shall be made as follows: One-half of such
amount shall be distributed in the first quarter of the year
and one-half shall be distributed in the third quarter of the
year.
(4) After the distributions directed under subsections (2)
and (3) of this section, if any, each taxing district shall
receive an amount equal to the timber assessed value of the
district multiplied by the tax rate, if any, levied as a regular
levy of the district or as a special levy not included in
subsection (2) or (3) of this section.
(5) If there are insufficient moneys in the county timber
tax account to make full distribution under subsection (4) of
this section, the county treasurer shall multiply the amount
to be distributed to each taxing district under that subsection
by a fraction. The numerator of the fraction is the county
timber tax account balance before making the distribution
under that subsection. The denominator of the fraction is the
account balance which would be required to make full
distribution under that subsection.
(6) After making the distributions under subsections (2)
through (4) of this section in the full amount indicated for
the calendar year, the county treasurer shall place any excess
revenue up to twenty percent of the total distributions made
for the year under subsections (2) through (4) of this section
in a reserve status until the beginning of the next calendar
year. Any moneys remaining in the county timber tax
account after this amount is placed in reserve shall be
distributed to each taxing district in the county in the same
proportions as the distributions made under subsection (4) of
this section. [1985 c 184 § 1; 1984 c 204 § 9.]
Application—1985 c 184 § 1: "Section 1 of this act applies to
distributions beginning in 1986, and thereafter." [1985 c 184 § 3.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.33.086 Payment of tax. (1) The taxes imposed
under this chapter shall be computed with respect to timber
harvested each calendar quarter and shall be due and payable
in quarterly installments. Remittance shall be made on or
before the last day of the month next succeeding the end of
the quarterly period in which the tax accrues. The taxpayer
on or before such date shall make out a return, upon such
forms and setting forth such information as the department
(2002 Ed.)
Timber and Forest Lands
of revenue may require, showing the amount of tax for
which the taxpayer is liable for the preceding quarterly
period and shall sign and transmit the same to the department of revenue, together with a remittance for the amount
of tax.
(2) The taxes imposed by this chapter are in addition to
any taxes imposed upon the same persons under chapter
82.04 RCW.
(3) Any harvester incurring less than fifty dollars tax
liability under this section in any calendar quarter is excused
from the payment of such tax, but may be required by the
department of revenue to file a return even though no tax
may be due. [1987 c 166 § 1; 1984 c 204 § 10.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.33.088 Reporting requirements on timber
purchase. (Expires July 1, 2004.) (1) A purchaser of
privately owned timber in an amount in excess of two
hundred thousand board feet in a voluntary sale made in the
ordinary course of business shall, on or before the last day
of the month following the purchase of the timber, report the
particulars of the purchase to the department.
(2) The report required in subsection (1) of this section
shall contain all information relevant to the value of the
timber purchased including, but not limited to, the following,
as applicable: Purchaser’s name and address, sale date,
termination date in sale agreement, total sale price, total
acreage involved in the sale, net volume of timber purchased, legal description of the area involved in the sale,
road construction or improvements required or completed,
timber cruise data, and timber thinning data. A report may
be submitted in any reasonable form or, at the purchaser’s
option, by submitting relevant excerpts of the timber sales
contract. A purchaser may comply by submitting the information in the following form:
Purchaser’s name: . . . . . . . . . .
Purchaser’s address: . . . . . . . . .
Sale date: . . . . . . . . . . . . . . . .
Termination date: . . . . . . . . . . .
Total sale price: . . . . . . . . . . . .
Total acreage involved: . . . . . . .
Net volume of timber purchased:
Legal description of sale area: . .
Property improvements: . . . . . .
Timber cruise data: . . . . . . . . .
Timber thinning data: . . . . . . . .
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(3) A purchaser of privately owned timber involved in
a purchase described in subsection (1) of this section who
fails to report a purchase as required may be liable for a
penalty of two hundred fifty dollars for each failure to
report, as determined by the department.
(4) This section expires July 1, 2004. [2001 c 320 §
16.]
Effective date—2001 c 320: See note following RCW 11.02.005.
84.33.091 Tables of stumpage values—Revised
tables—Legislative review—Appeal. (1) The department
of revenue shall designate areas containing timber having
similar growing, harvesting, and marketing conditions to be
(2002 Ed.)
84.33.086
used as units for the preparation and application of stumpage
values. Each year on or before December 31 for use the
following January through June 30, and on or before June 30
for use the following July through December 31, the
department shall prepare tables of stumpage values of each
species or subclassification of timber within these units. The
stumpage value shall be the amount that each such species
or subclassification would sell for at a voluntary sale made
in the ordinary course of business for purposes of immediate
harvest. These stumpage values, expressed in terms of a
dollar amount per thousand board feet or other unit measure,
shall be determined in a manner which makes reasonable and
adequate allowances for age, size, quality, costs of removal,
accessibility to point of conversion, market conditions, and
all other relevant factors from:
(a) Gross proceeds from sales on the stump of similar
timber of like quality and character at similar locations, and
in similar quantities;
(b) Gross proceeds from sales of logs adjusted to reflect
only the portion of such proceeds attributable to value on the
stump immediately prior to harvest; or
(c) A combination of (a) and (b) of this subsection.
(2) Upon application from any person who plans to
harvest damaged timber, the stumpage values for which have
been materially reduced from the values shown in the applicable tables due to damage resulting from fire, blow down,
ice storm, flood, or other sudden unforeseen cause, the
department shall revise the stumpage value tables for any
area in which such timber is located and shall specify any
additional accounting or other requirements to be complied
with in reporting and paying the tax.
(3) The preliminary area designations and stumpage
value tables and any revisions thereof are subject to review
by the ways and means committees of the house of representatives and senate prior to finalization. Tables of stumpage
values shall be signed by the director or the director’s
designee. A copy thereof shall be mailed to anyone who has
submitted to the department a written request for a copy.
(4) On or before the sixtieth day after the date of final
adoption of any stumpage value tables, any harvester may
appeal to the board of tax appeals for a revision of stumpage
values for an area determined pursuant to subsection (3) of
this section. [1998 c 311 § 13; 1984 c 204 § 11.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.33.096 Application of excise taxes’ administrative
provisions and definitions. All sections of chapter 82.32
RCW, except RCW 82.32.045 and 82.32.270, apply to the
taxes imposed under this chapter. [1984 c 204 § 13.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.33.120 Forest land valuation—Assessor to list forest land at
grade and class values—Computation of assessed value—Adjustment of
values—Certification—Use—Notice of continuance—Appeals—Removal
of classification—Compensating tax. (1) In preparing the assessment rolls
as of January 1, 1982, for taxes payable in 1983 and each January 1st
thereafter, the assessor shall list each parcel of forest land at a value with
respect to the grade and class provided in this subsection and adjusted as
provided in subsection (2) of this section and shall compute the assessed
value of the land by using the same assessment ratio he or she applies
generally in computing the assessed value of other property in his or her
[Title 84 RCW—page 31]
84.33.120
Title 84 RCW: Property Taxes
county. Values for the several grades of bare forest land shall be as
follows.
LAND
GRADE
OPERABILITY
CLASS
VALUES
PER ACRE
1
1
2
3
4
$141
136
131
95
2
1
2
3
4
118
114
110
80
3
1
2
3
4
93
90
87
66
4
1
2
3
4
70
68
66
52
5
1
2
3
4
51
48
46
31
6
1
2
3
4
26
25
25
23
7
1
2
3
4
12
12
11
11
8
1
(2) On or before December 31, 1981, the department shall adjust, by
rule under chapter 34.05 RCW, the forest land values contained in
subsection (1) of this section in accordance with this subsection, and shall
certify these adjusted values to the county assessor for his or her use in
preparing the assessment rolls as of January 1, 1982. For the adjustment to
be made on or before December 31, 1981, for use in the 1982 assessment
year, the department shall:
(a) Divide the aggregate value of all timber harvested within the state
between July 1, 1976, and June 30, 1981, by the aggregate harvest volume
for the same period, as determined from the harvester excise tax returns
filed with the department under *RCW 82.04.291 and *84.33.071; and
(b) Divide the aggregate value of all timber harvested within the state
between July 1, 1975, and June 30, 1980, by the aggregate harvest volume
for the same period, as determined from the harvester excise tax returns
filed with the department under *RCW 82.04.291 and *84.33.071; and
(c) Adjust the forest land values contained in subsection (1) of this
section by a percentage equal to one-half of the percentage change in the
average values of harvested timber reflected by comparing the resultant
values calculated under (a) and (b) of this subsection.
For the adjustments to be made on or before December 31, 1982, and
each succeeding year thereafter, the same procedure shall be followed as
described in this subsection utilizing harvester excise tax returns filed under
*RCW 82.04.291 and this chapter except that this adjustment shall be made
to the prior year’s adjusted value, and the five-year periods for calculating
average harvested timber values shall be successively one year more recent.
(3) In preparing the assessment roll for 1972 and each year thereafter,
the assessor shall enter as the true and fair value of each parcel of forest
land the appropriate grade value certified to him or her by the department
of revenue, and he or she shall compute the assessed value of such land by
using the same assessment ratio he or she applies generally in computing
the assessed value of other property in his or her county. In preparing the
assessment roll for 1975 and each year thereafter, the assessor shall assess
and value as classified forest land all forest land that is not then designated
[Title 84 RCW—page 32]
pursuant to RCW **84.33.120(4) or 84.33.130 and shall make a notation of
such classification upon the assessment and tax rolls. On or before January
15 of the first year in which such notation is made, the assessor shall mail
notice by certified mail to the owner that such land has been classified as
forest land and is subject to the compensating tax imposed by this section.
If the owner desires not to have such land assessed and valued as classified
forest land, he or she shall give the assessor written notice thereof on or
before March 31 of such year and the assessor shall remove from the
assessment and tax rolls the classification notation entered pursuant to this
subsection, and shall thereafter assess and value such land in the manner
provided by law other than this chapter 84.33 RCW.
(4) In any year commencing with 1972, an owner of land which is
assessed and valued by the assessor other than pursuant to the procedures
set forth in ***RCW 84.33.110 and this section, and which has, in the
immediately preceding year, been assessed and valued by the assessor as
forest land, may appeal to the county board of equalization by filing an
application with the board in the manner prescribed in ****subsection (2)
of RCW 84.33.130. The county board shall afford the applicant an
opportunity to be heard if the application so requests and shall act upon the
application in the manner prescribed in ****subsection (3) of RCW
84.33.130.
(5) Land that has been assessed and valued as classified forest land as
of any year commencing with 1975 assessment year or earlier shall continue
to be so assessed and valued until removal of classification by the assessor
only upon the occurrence of one of the following events:
(a) Receipt of notice from the owner to remove such land from
classification as forest land;
(b) Sale or transfer to an ownership making such land exempt from ad
valorem taxation;
(c) Determination by the assessor, after giving the owner written
notice and an opportunity to be heard, that, because of actions taken by the
owner, such land is no longer primarily devoted to and used for growing
and harvesting timber. However, land shall not be removed from classification if a governmental agency, organization, or other recipient identified in
subsection (9) or (10) of this section as exempt from the payment of
compensating tax has manifested its intent in writing or by other official
action to acquire a property interest in classified forest land by means of a
transaction that qualifies for an exemption under subsection (9) or (10) of
this section. The governmental agency, organization, or recipient shall
annually provide the assessor of the county in which the land is located
reasonable evidence in writing of the intent to acquire the classified land as
long as the intent continues or within sixty days of a request by the
assessor. The assessor may not request this evidence more than once in a
calendar year;
(d) Determination that a higher and better use exists for such land than
growing and harvesting timber after giving the owner written notice and an
opportunity to be heard;
(e) Sale or transfer of all or a portion of such land to a new owner,
unless the new owner has signed a notice of forest land classification
continuance, except transfer to an owner who is an heir or devisee of a
deceased owner, shall not, by itself, result in removal of classification. The
signed notice of continuance shall be attached to the real estate excise tax
affidavit provided for in RCW 82.45.150. The notice of continuance shall
be on a form prepared by the department of revenue. If the notice of
continuance is not signed by the new owner and attached to the real estate
excise tax affidavit, all compensating taxes calculated pursuant to subsection
(7) of this section shall become due and payable by the seller or transferor
at time of sale. The county auditor shall not accept an instrument of
conveyance of classified forest land for filing or recording unless the new
owner has signed the notice of continuance or the compensating tax has
been paid, as evidenced by the real estate excise tax stamp affixed thereto
by the treasurer. The seller, transferor, or new owner may appeal the new
assessed valuation calculated under subsection (7) of this section to the
county board of equalization in accordance with the provisions of RCW
84.40.038. Jurisdiction is hereby conferred on the county board of
equalization to hear these appeals.
The assessor shall remove classification pursuant to (c) or (d) of this
subsection prior to September 30 of the year prior to the assessment year for
which termination of classification is to be effective. Removal of classification as forest land upon occurrence of (a), (b), (d), or (e) of this subsection
shall apply only to the land affected, and upon occurrence of (c) of this
subsection shall apply only to the actual area of land no longer primarily
devoted to and used for growing and harvesting timber: PROVIDED, That
any remaining classified forest land meets necessary definitions of forest
land pursuant to ***RCW 84.33.100.
(2002 Ed.)
Timber and Forest Lands
(6) Within thirty days after such removal of classification as forest
land, the assessor shall notify the owner in writing setting forth the reasons
for such removal. The owner of such land shall thereupon have the right
to apply for designation of such land as forest land pursuant to subsection
(4) of this section or RCW 84.33.130. The seller, transferor, or owner may
appeal such removal to the county board of equalization in accordance with
the provisions of RCW 84.40.038.
(7) Unless the owner successfully applies for designation of such land
or unless the removal is reversed on appeal, notation of removal from
classification shall immediately be made upon the assessment and tax rolls,
and commencing on January 1 of the year following the year in which the
assessor made such notation, such land shall be assessed on the same basis
as real property is assessed generally in that county. Except as provided in
subsection (5)(e), (9), or (10) of this section and unless the assessor shall
not have mailed notice of classification pursuant to subsection (3) of this
section, a compensating tax shall be imposed which shall be due and
payable to the county treasurer thirty days after the owner is notified of the
amount of the compensating tax. As soon as possible, the assessor shall
compute the amount of such compensating tax and mail notice to the owner
of the amount thereof and the date on which payment is due. The amount
of such compensating tax shall be equal to the difference, if any, between
the amount of tax last levied on such land as forest land and an amount
equal to the new assessed valuation of such land multiplied by the dollar
rate of the last levy extended against such land, multiplied by a number, in
no event greater than ten, equal to the number of years, commencing with
assessment year 1975, for which such land was assessed and valued as
forest land.
(8) Compensating tax, together with applicable interest thereon, shall
become a lien on such land which shall attach at the time such land is
removed from classification as forest land and shall have priority to and
shall be fully paid and satisfied before any recognizance, mortgage,
judgment, debt, obligation or responsibility to or with which such land may
become charged or liable. Such lien may be foreclosed upon expiration of
the same period after delinquency and in the same manner provided by law
for foreclosure of liens for delinquent real property taxes as provided in
RCW 84.64.050. Any compensating tax unpaid on its due date shall
thereupon become delinquent. From the date of delinquency until paid,
interest shall be charged at the same rate applied by law to delinquent ad
valorem property taxes.
(9) The compensating tax specified in subsection (7) of this section
shall not be imposed if the removal of classification as forest land pursuant
to subsection (5) of this section resulted solely from:
(a) Transfer to a government entity in exchange for other forest land
located within the state of Washington;
(b) A taking through the exercise of the power of eminent domain, or
sale or transfer to an entity having the power of eminent domain in
anticipation of the exercise of such power;
(c) A donation of fee title, development rights, or the right to harvest
timber, to a government agency or organization qualified under RCW
84.34.210 and 64.04.130 for the purposes enumerated in those sections, or
the sale or transfer of fee title to a governmental entity or a nonprofit nature
conservancy corporation, as defined in RCW 64.04.130, exclusively for the
protection and conservation of lands recommended for state natural area
preserve purposes by the natural heritage council and natural heritage plan
as defined in chapter 79.70 RCW: PROVIDED, That at such time as the
land is not used for the purposes enumerated, the compensating tax
specified in subsection (7) of this section shall be imposed upon the current
owner;
(d) The sale or transfer of fee title to the parks and recreation
commission for park and recreation purposes;
(e) Official action by an agency of the state of Washington or by the
county or city within which the land is located that disallows the present use
of such land;
(f) The creation, sale, or transfer of forestry riparian easements under
RCW 76.13.120;
(g) The creation, sale, or transfer of a fee interest or a conservation
easement for the riparian open space program under RCW 76.09.040;
(h) The sale or transfer of land within two years after the death of the
owner of at least a fifty percent interest in the land if the land has been
assessed and valued as classified forest land, designated as forest land under
this chapter, or classified under chapter 84.34 RCW continuously since
1993;
(i) The sale or transfer of land after the death of the owner of at least
a fifty percent interest in the land if the land has been assessed and valued
as classified forest land, designated as forest land under this chapter, or
classified under chapter 84.34 RCW continuously since 1993 and the sale
(2002 Ed.)
84.33.120
or transfer takes place within two years after July 22, 2001, and the death
of the owner occurred after January 1, 1991; or
(j) The date of death shown on a death certificate is the date used for
the purpose of this subsection (9).
(10) In a county with a population of more than one million inhabitants, the compensating tax specified in subsection (7) of this section shall
not be imposed if the removal of classification as forest land pursuant to
subsection (5) of this section resulted solely from:
(a) An action described in subsection (9) of this section; or
(b) A transfer of a property interest to a government entity, or to a
nonprofit historic preservation corporation or nonprofit nature conservancy
corporation, as defined in RCW 64.04.130, to protect or enhance public
resources, or to preserve, maintain, improve, restore, limit the future use of,
or otherwise to conserve for public use or enjoyment, the property interest
being transferred. At such time as the property interest is not used for the
purposes enumerated, the compensating tax shall be imposed upon the
current owner.
(11) With respect to any land that has been designated prior to May
6, 1974, pursuant to RCW **84.33.120(4) or 84.33.130, the assessor may,
prior to January 1, 1975, on his or her own motion or pursuant to petition
by the owner, change, without imposition of the compensating tax provided
under RCW 84.33.140, the status of such designated land to classified forest
land. [2001 c 305 § 1; 2001 c 185 § 3; 1999 sp.s. c 4 § 702; 1999 c 233
§ 20; 1997 c 299 § 1; 1995 c 330 § 1; 1992 c 69 § 1; 1986 c 238 § 1; 1984
c 204 § 23; 1981 c 148 § 7; 1980 c 134 § 2; 1974 ex.s. c 187 § 5; 1972
ex.s. c 148 § 5; 1971 ex.s. c 294 § 12.]
Reviser’s note: *(1) RCW 82.04.291 was recodified as RCW
84.33.071 pursuant to 1979 c 6 § 1; and subsequently repealed by 1984 c
204 § 47, effective July 1, 1984.
**(2) RCW 84.33.120 was amended by 2001 c 305 § 1 and by 2001
c 185 § 3 and also repealed by 2001 c 249 § 16.
***(3) RCW 84.33.100 and 84.33.110 were repealed by 2001 c 249
§ 16.
****(4) RCW 84.33.130 was amended by 2001 c 249 § 2, changing
subsections (2) and (3) to subsections (4) and (6).
(5) This section was amended by 2001 c 185 § 3 and by 2001 c 305
§ 1, each without reference to the other. Both amendments are incorporated
in the publication of this section. This section was also repealed by 2001
c 249 § 16 without cognizance of those amendments. For rule of construction concerning sections amended and repealed in the same legislative
session, see RCW 1.12.025.
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1997 c 299: See note following RCW 84.33.140.
Effective date—1995 c 330: See note following RCW 84.33.140.
Effective date—1992 c 69: See RCW 84.34.923.
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
Purpose—Severability—Effective dates—1981 c 148: See notes
following RCW 84.33.110.
Severability—1974 ex.s. c 187: See note following RCW 84.33.110.
84.33.120 Forest land valuation—Assessor to list forest land at
grade and class values—Computation of assessed value—Adjustment of
values—Certification—Use—Notice of continuance—Appeals—Removal
of classification—Compensating tax. [1999 sp.s. c 4 § 702; 1999 c 233
§ 20; 1997 c 299 § 1; 1995 c 330 § 1; 1992 c 69 § 1; 1986 c 238 § 1; 1984
c 204 § 23; 1981 c 148 § 7; 1980 c 134 § 2; 1974 ex.s. c 187 § 5; 1972
ex.s. c 148 § 5; 1971 ex.s. c 294 § 12.] Repealed by 2001 c 249 § 16.
Reviser’s note: This section was also amended by 2001 c 185 § 3
and by 2001 c 305 § 1 without cognizance of the repeal thereof. For rule
of construction concerning sections amended and repealed in the same
legislative session, see RCW 1.12.025.
84.33.130 Forest land valuation—Application by
owner that land be designated and valued as forest
land—Hearing—Rules—Approval, denial of application—Appeal. (1) Notwithstanding any other provision of
[Title 84 RCW—page 33]
84.33.130
Title 84 RCW: Property Taxes
law, lands that were assessed as classified forest land before
July 22, 2001, shall be designated forest land for the
purposes of this chapter. The owners of previously classified forest land shall not be required to apply for designation
under this chapter. As of July 22, 2001, the land and timber
on such land shall be assessed and taxed in accordance with
the provisions of this chapter.
(2) An owner of land desiring that it be designated as
forest land and valued under RCW 84.33.140 as of January
1st of any year shall submit an application to the assessor of
the county in which the land is located before January 1st of
that year. The application shall be accompanied by a
reasonable processing fee when the county legislative
authority has established the requirement for such a fee.
(3) No application of designation is required when
publicly owned forest land is exchanged for privately owned
forest land designated under this chapter. The land exchanged and received by an owner subject to ad valorem
taxation shall be automatically granted designation under this
chapter if the following conditions are met:
(a) The land will be used to grow and harvest timber;
and
(b) The owner of the land submits a document to the
assessor’s office that explains the details of the forest land
exchange within sixty days of the closing date of the
exchange. However, if the owner fails to submit information
regarding the exchange by the end of this sixty-day period,
the owner must file an application for designation as forest
land under this chapter and the regular application process
will be followed.
(4) The application shall be made upon forms prepared
by the department and supplied by the assessor, and shall
include the following:
(a) A legal description of, or assessor’s parcel numbers
for, all land the applicant desires to be designated as forest
land;
(b) The date or dates of acquisition of the land;
(c) A brief description of the timber on the land, or if
the timber has been harvested, the owner’s plan for restocking;
(d) A copy of the timber management plan, if one
exists, for the land prepared by a trained forester or any
other person with adequate knowledge of timber management practices;
(e) If a timber management plan exists, an explanation
of the nature and extent to which the management plan has
been implemented;
(f) Whether the land is used for grazing;
(g) Whether the land has been subdivided or a plat has
been filed with respect to the land;
(h) Whether the land and the applicant are in compliance with the restocking, forest management, fire protection,
insect and disease control, and forest debris provisions of
Title 76 RCW or any applicable rules;
(i) Whether the land is subject to forest fire protection
assessments under RCW 76.04.610;
(j) Whether the land is subject to a lease, option, or
other right that permits it to be used for any purpose other
than growing and harvesting timber;
(k) A summary of the past experience and activity of
the applicant in growing and harvesting timber;
[Title 84 RCW—page 34]
(l) A summary of current and continuing activity of the
applicant in growing and harvesting timber;
(m) A statement that the applicant is aware of the
potential tax liability involved when the land ceases to be
designated as forest land;
(n) An affirmation that the statements contained in the
application are true and that the land described in the
application meets the definition of forest land in RCW
84.33.035; and
(o) A description and/or drawing showing what areas of
land for which designation is sought are used for incidental
uses compatible with the definition of forest land in RCW
84.33.035.
(5) The assessor shall afford the applicant an opportunity to be heard if the applicant so requests.
(6) The assessor shall act upon the application with due
regard to all relevant evidence and without any one or more
items of evidence necessarily being determinative, except
that the application may be denied for one of the following
reasons, without regard to other items:
(a) The land does not contain either a "merchantable
stand of timber" as defined in chapter 76.09 RCW and
applicable rules. This reason shall not alone be sufficient to
deny the application (i) if the land has been recently harvested or supports a growth of brush or noncommercial type
timber, and the application includes a plan for restocking
within three years or a longer period necessitated by unavailability of seed or seedlings, or (ii) if only isolated areas
within the land do not meet the minimum standards due to
rock outcroppings, swamps, unproductive soil or other
natural conditions;
(b) The applicant, with respect to the land, has failed to
comply with a final administrative or judicial order with
respect to a violation of the restocking, forest management,
fire protection, insect and disease control, and forest debris
provisions of Title 76 RCW or any applicable rules; or
(c) The land abuts a body of salt water and lies between
the line of ordinary high tide and a line paralleling the
ordinary high tide line and two hundred feet horizontally
landward from the high tide line. However, if the assessor
determines that a higher and better use exists for the land but
this use would not be permitted or economically feasible by
virtue of any federal, state, or local law or regulation, the
land shall be assessed and valued under RCW 84.33.140
without being designated as forest land.
(7) The application shall be deemed to have been
approved unless, prior to May 1st of the year after the
application was mailed or delivered to the assessor, the
assessor notifies the applicant in writing of the extent to
which the application is denied.
(8) An owner who receives notice that his or her
application has been denied, in whole or in part, may appeal
the denial to the county board of equalization in accordance
with the provisions of RCW 84.40.038. [2001 c 249 § 2;
2001 c 185 § 4; 1994 c 301 § 32; 1986 c 100 § 57; 1981 c
148 § 8; 1974 ex.s. c 187 § 6; 1971 ex.s. c 294 § 13.]
Reviser’s note: This section was amended by 2001 c 185 § 4 and by
2001 c 249 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
(2002 Ed.)
Timber and Forest Lands
Purpose—1981 c 148: "(1) One of the purposes of this act is to
establish the values for ad valorem tax purposes of bare forest land which
is primarily devoted to and used for growing and harvesting timber without
consideration of other potential uses of the land and to provide a procedure
for adjusting the values in future years to reflect economic changes which
may affect the value established in this act.
(2) Chapter 294, Laws of 1971 ex. sess., as originally enacted,
required the department of revenue annually to analyze forest land
transactions to ascertain the market value of bare forest land purchased and
used exclusively for growing and harvesting timber. Most transactions
involving forest land include mature and immature timber with no
segregation by the parties between the amounts paid for timber and bare
land. The examination of these transactions by the department to ascertain
the prices being paid for only the bare land has proven to be very difficult,
time consuming, and subject to recurring legal challenge. Samples are small
in relation to the total acreage of forest land involved and the administrative
time and costs required for the annual analyses are excessive in relation to
the changes from year to year which have been observed in the value of
bare forest land. This act eliminates most of these administrative costs by
establishing the current bare forest land values and by providing a procedure
for periodic adjustment of the values which does not require continuing and
costly analysis of the numerous forest land transactions throughout the
state." [1981 c 148 § 11.]
Severability—1981 c 148: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1981 c 148 § 15.]
Effective dates—1981 c 148: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately [May 14, 1981], except for section 13 of this act which
shall take effect September 1, 1981." [1981 c 148 § 16.]
Severability—1974 ex.s. c 187: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 187 § 20.]
84.33.140 Forest land valuation—Notation of forest
land designation upon assessment and tax rolls—Notice
of continuance—Removal of designation—Compensating
tax. (1) When land has been designated as forest land under
RCW 84.33.130, a notation of the designation shall be made
each year upon the assessment and tax rolls. A copy of the
notice of approval together with the legal description or
assessor’s parcel numbers for the land shall, at the expense
of the applicant, be filed by the assessor in the same manner
as deeds are recorded.
(2) In preparing the assessment roll as of January 1,
2002, for taxes payable in 2003 and each January 1st
thereafter, the assessor shall list each parcel of designated
forest land at a value with respect to the grade and class
provided in this subsection and adjusted as provided in
subsection (3) of this section. The assessor shall compute
the assessed value of the land using the same assessment
ratio applied generally in computing the assessed value of
other property in the county. Values for the several grades
of bare forest land shall be as follows:
LAND
GRADE
1
2
(2002 Ed.)
OPERABILITY
CLASS
1
2
3
4
1
2
3
4
VALUES
PER ACRE
$234
229
217
157
198
190
183
132
3
4
5
6
7
8
84.33.130
1
2
3
4
1
2
3
4
1
2
3
4
1
2
3
4
1
2
3
4
154
149
148
113
117
114
113
86
85
78
77
52
43
39
39
37
21
21
20
20
1
(3) On or before December 31, 2001, the department
shall adjust by rule under chapter 34.05 RCW, the forest
land values contained in subsection (2) of this section in
accordance with this subsection, and shall certify the
adjusted values to the assessor who will use these values in
preparing the assessment roll as of January 1, 2002. For the
adjustment to be made on or before December 31, 2001, for
use in the 2002 assessment year, the department shall:
(a) Divide the aggregate value of all timber harvested
within the state between July 1, 1996, and June 30, 2001, by
the aggregate harvest volume for the same period, as
determined from the harvester excise tax returns filed with
the department under RCW 84.33.074; and
(b) Divide the aggregate value of all timber harvested
within the state between July 1, 1995, and June 30, 2000, by
the aggregate harvest volume for the same period, as
determined from the harvester excise tax returns filed with
the department under RCW 84.33.074; and
(c) Adjust the forest land values contained in subsection
(2) of this section by a percentage equal to one-half of the
percentage change in the average values of harvested timber
reflected by comparing the resultant values calculated under
(a) and (b) of this subsection.
(4) For the adjustments to be made on or before
December 31, 2002, and each succeeding year thereafter, the
same procedure described in subsection (3) of this section
shall be followed using harvester excise tax returns filed
under RCW 84.33.074. However, this adjustment shall be
made to the prior year’s adjusted value, and the five-year
periods for calculating average harvested timber values shall
be successively one year more recent.
(5) Land graded, assessed, and valued as forest land
shall continue to be so graded, assessed, and valued until
removal of designation by the assessor upon the occurrence
of any of the following:
(a) Receipt of notice from the owner to remove the
designation;
(b) Sale or transfer to an ownership making the land
exempt from ad valorem taxation;
[Title 84 RCW—page 35]
84.33.140
Title 84 RCW: Property Taxes
(c) Sale or transfer of all or a portion of the land to a
new owner, unless the new owner has signed a notice of
forest land designation continuance, except transfer to an
owner who is an heir or devisee of a deceased owner, shall
not, by itself, result in removal of designation. The signed
notice of continuance shall be attached to the real estate
excise tax affidavit provided for in RCW 82.45.150. The
notice of continuance shall be on a form prepared by the
department. If the notice of continuance is not signed by the
new owner and attached to the real estate excise tax affidavit, all compensating taxes calculated under subsection (11)
of this section shall become due and payable by the seller or
transferor at time of sale. The auditor shall not accept an
instrument of conveyance of designated forest land for filing
or recording unless the new owner has signed the notice of
continuance or the compensating tax has been paid, as
evidenced by the real estate excise tax stamp affixed thereto
by the treasurer. The seller, transferor, or new owner may
appeal the new assessed valuation calculated under subsection (11) of this section to the county board of equalization
in accordance with the provisions of RCW 84.40.038.
Jurisdiction is hereby conferred on the county board of
equalization to hear these appeals;
(d) Determination by the assessor, after giving the
owner written notice and an opportunity to be heard, that:
(i) The land is no longer primarily devoted to and used
for growing and harvesting timber. However, land shall not
be removed from designation if a governmental agency,
organization, or other recipient identified in subsection (13)
or (14) of this section as exempt from the payment of
compensating tax has manifested its intent in writing or by
other official action to acquire a property interest in the
designated forest land by means of a transaction that
qualifies for an exemption under subsection (13) or (14) of
this section. The governmental agency, organization, or
recipient shall annually provide the assessor of the county in
which the land is located reasonable evidence in writing of
the intent to acquire the designated land as long as the intent
continues or within sixty days of a request by the assessor.
The assessor may not request this evidence more than once
in a calendar year;
(ii) The owner has failed to comply with a final administrative or judicial order with respect to a violation of the
restocking, forest management, fire protection, insect and
disease control, and forest debris provisions of Title 76
RCW or any applicable rules; or
(iii) Restocking has not occurred to the extent or within
the time specified in the application for designation of such
land.
(6) Land shall not be removed from designation if there
is a governmental restriction that prohibits, in whole or in
part, the harvesting of timber from the owner’s designated
forest land. If only a portion of the parcel is impacted by
governmental restrictions of this nature, the restrictions
cannot be used as a basis to remove the remainder of the
forest land from designation under this chapter. For the
purposes of this section, "governmental restrictions" includes:
(a) Any law, regulation, rule, ordinance, program, or other
action adopted or taken by a federal, state, county, city, or
other governmental entity; or (b) the land’s zoning or its
presence within an urban growth area designated under RCW
36.70A.110.
[Title 84 RCW—page 36]
(7) The assessor shall have the option of requiring an
owner of forest land to file a timber management plan with
the assessor upon the occurrence of one of the following:
(a) An application for designation as forest land is
submitted; or
(b) Designated forest land is sold or transferred and a
notice of continuance, described in subsection (5)(c) of this
section, is signed.
(8) If land is removed from designation because of any
of the circumstances listed in subsection (5)(a) through (c)
of this section, the removal shall apply only to the land
affected. If land is removed from designation because of
subsection (5)(d) of this section, the removal shall apply
only to the actual area of land that is no longer primarily
devoted to the growing and harvesting of timber, without
regard to any other land that may have been included in the
application and approved for designation, as long as the
remaining designated forest land meets the definition of
forest land contained in RCW 84.33.035.
(9) Within thirty days after the removal of designation
as forest land, the assessor shall notify the owner in writing,
setting forth the reasons for the removal. The seller,
transferor, or owner may appeal the removal to the county
board of equalization in accordance with the provisions of
RCW 84.40.038.
(10) Unless the removal is reversed on appeal a copy of
the notice of removal with a notation of the action, if any,
upon appeal, together with the legal description or assessor’s
parcel numbers for the land removed from designation shall,
at the expense of the applicant, be filed by the assessor in
the same manner as deeds are recorded and a notation of
removal from designation shall immediately be made upon
the assessment and tax rolls. The assessor shall revalue the
land to be removed with reference to its true and fair value
as of January 1st of the year of removal from designation.
Both the assessed value before and after the removal of
designation shall be listed. Taxes based on the value of the
land as forest land shall be assessed and payable up until the
date of removal and taxes based on the true and fair value of
the land shall be assessed and payable from the date of
removal from designation.
(11) Except as provided in subsection (5)(c), (13), or
(14) of this section, a compensating tax shall be imposed on
land removed from designation as forest land. The compensating tax shall be due and payable to the treasurer thirty
days after the owner is notified of the amount of this tax.
As soon as possible after the land is removed from designation, the assessor shall compute the amount of compensating
tax and mail a notice to the owner of the amount of compensating tax owed and the date on which payment of this tax
is due. The amount of compensating tax shall be equal to
the difference between the amount of tax last levied on the
land as designated forest land and an amount equal to the
new assessed value of the land multiplied by the dollar rate
of the last levy extended against the land, multiplied by a
number, in no event greater than nine, equal to the number
of years for which the land was designated as forest land,
plus compensating taxes on the land at forest land values up
until the date of removal and the prorated taxes on the land
at true and fair value from the date of removal to the end of
the current tax year.
(2002 Ed.)
Timber and Forest Lands
(12) Compensating tax, together with applicable interest
thereon, shall become a lien on the land which shall attach
at the time the land is removed from designation as forest
land and shall have priority to and shall be fully paid and
satisfied before any recognizance, mortgage, judgment, debt,
obligation, or responsibility to or with which the land may
become charged or liable. The lien may be foreclosed upon
expiration of the same period after delinquency and in the
same manner provided by law for foreclosure of liens for
delinquent real property taxes as provided in RCW
84.64.050. Any compensating tax unpaid on its due date
shall thereupon become delinquent. From the date of
delinquency until paid, interest shall be charged at the same
rate applied by law to delinquent ad valorem property taxes.
(13) The compensating tax specified in subsection (11)
of this section shall not be imposed if the removal of
designation under subsection (5) of this section resulted
solely from:
(a) Transfer to a government entity in exchange for
other forest land located within the state of Washington;
(b) A taking through the exercise of the power of
eminent domain, or sale or transfer to an entity having the
power of eminent domain in anticipation of the exercise of
such power;
(c) A donation of fee title, development rights, or the
right to harvest timber, to a government agency or organization qualified under RCW 84.34.210 and 64.04.130 for the
purposes enumerated in those sections, or the sale or transfer
of fee title to a governmental entity or a nonprofit nature
conservancy corporation, as defined in RCW 64.04.130,
exclusively for the protection and conservation of lands
recommended for state natural area preserve purposes by the
natural heritage council and natural heritage plan as defined
in chapter 79.70 RCW. At such time as the land is not used
for the purposes enumerated, the compensating tax specified
in subsection (11) of this section shall be imposed upon the
current owner;
(d) The sale or transfer of fee title to the parks and
recreation commission for park and recreation purposes;
(e) Official action by an agency of the state of Washington or by the county or city within which the land is
located that disallows the present use of the land;
(f) The creation, sale, or transfer of forestry riparian
easements under RCW 76.13.120;
(g) The creation, sale, or transfer of a fee interest or a
conservation easement for the riparian open space program
under RCW 76.09.040;
(h) The sale or transfer of land within two years after
the death of the owner of at least a fifty percent interest in
the land if the land has been assessed and valued as classified forest land, designated as forest land under this chapter,
or classified under chapter 84.34 RCW continuously since
1993;
(i) The sale or transfer of land after the death of the
owner of at least a fifty percent interest in the land if the
land has been assessed and valued as classified forest land,
designated as forest land under this chapter, or classified
under chapter 84.34 RCW continuously since 1993 and the
sale or transfer takes place within two years after July 22,
2001, and the death of the owner occurred after January 1,
1991; or
(2002 Ed.)
84.33.140
(j) The date of death shown on a death certificate is the
date used for the purpose of this subsection (13).
(14) In a county with a population of more than one
million inhabitants, the compensating tax specified in
subsection (11) of this section shall not be imposed if the
removal of designation as forest land under subsection (5) of
this section resulted solely from:
(a) An action described in subsection (13) of this
section; or
(b) A transfer of a property interest to a government
entity, or to a nonprofit historic preservation corporation or
nonprofit nature conservancy corporation, as defined in RCW
64.04.130, to protect or enhance public resources, or to
preserve, maintain, improve, restore, limit the future use of,
or otherwise to conserve for public use or enjoyment, the
property interest being transferred. At such time as the
property interest is not used for the purposes enumerated, the
compensating tax shall be imposed upon the current owner.
[2001 c 305 § 2; 2001 c 249 § 3; 2001 c 185 § 5; 1999 sp.s.
c 4 § 703; 1999 c 233 § 21; 1997 c 299 § 2; 1995 c 330 §
2; 1992 c 69 § 2; 1986 c 238 § 2; 1981 c 148 § 9; 1980 c
134 § 3; 1974 ex.s. c 187 § 7; 1973 1st ex.s. c 195 § 93;
1972 ex.s. c 148 § 6; 1971 ex.s. c 294 § 14.]
Reviser’s note: This section was amended by 2001 c 185 § 5, 2001
c 249 § 3, and by 2001 c 305 § 2, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1999 c 233: See note following RCW 4.28.320.
Effective date—1997 c 299: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 9, 1997]." [1997 c 299 § 4.]
Effective date—1995 c 330: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 11, 1995]." [1995 c 330 § 3.]
Effective date—1992 c 69: See RCW 84.34.923.
Purpose—Severability—Effective dates—1981 c 148: See notes
following RCW 84.33.130.
Severability—1974 ex.s. c 187: See note following RCW 84.33.130.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
84.33.145 Compensating tax. (1) If no later than
thirty days after removal of designation the owner applies for
classification under RCW 84.34.020 (1), (2), or (3), then the
designated forest land shall not be considered removed from
designation for purposes of the compensating tax under
RCW 84.33.140 until the application for current use classification under chapter 84.34 RCW is denied or the property is
removed from classification under RCW 84.34.108. Upon
removal of classification under RCW 84.34.108, the amount
of compensating tax due under this chapter shall be equal to:
(a) The difference, if any, between the amount of tax
last levied on the land as designated forest land and an
amount equal to the new assessed valuation of the land when
removed from classification under RCW 84.34.108 multiplied by the dollar rate of the last levy extended against the
land, multiplied by
[Title 84 RCW—page 37]
84.33.145
Title 84 RCW: Property Taxes
(b) A number equal to:
(i) The number of years the land was designated under
this chapter, if the total number of years the land was
designated under this chapter and classified under chapter
84.34 RCW is less than ten; or
(ii) Ten minus the number of years the land was
classified under chapter 84.34 RCW, if the total number of
years the land was designated under this chapter and classified under chapter 84.34 RCW is at least ten.
(2) Nothing in this section authorizes the continued
designation under this chapter or defers or reduces the
compensating tax imposed upon forest land not transferred
to classification under subsection (1) of this section which
does not meet the definition of forest land under RCW
84.33.035. Nothing in this section affects the additional tax
imposed under RCW 84.34.108.
(3) In a county with a population of more than one
million inhabitants, no amount of compensating tax is due
under this section if the removal from classification under
RCW 84.34.108 results from a transfer of property described
in RCW 84.34.108(6). [2001 c 249 § 4; 1999 sp.s. c 4 §
704; 1997 c 299 § 3; 1992 c 69 § 3; 1986 c 315 § 3.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1997 c 299: See note following RCW 84.33.140.
Effective date—1992 c 69: See RCW 84.34.923.
84.33.170 Application of chapter to Christmas trees.
Notwithstanding any provision of this chapter to the contrary, this chapter shall not exempt from the ad valorem tax
nor subject to the excise tax imposed by this chapter,
Christmas trees and short-rotation hardwoods, which are
cultivated by agricultural methods, and the land on which the
Christmas trees and short-rotation hardwoods stand shall not
be taxed as provided in RCW 84.33.140. However, shortrotation hardwoods, which are cultivated by agricultural
methods, on land classified as timber land under chapter
84.34 RCW, shall be subject to the excise tax imposed under
this chapter. [2001 c 249 § 5; 1995 c 165 § 2; 1984 c 204
§ 24; 1983 c 3 § 226; 1971 ex.s. c 294 § 17.]
Application—1995 c 165: See note following RCW 84.33.035.
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.33.175 Application of tax—Sale of land to
governmental agency with reservation of rights to timber—Conveyance by governmental agency of trees. The
excise tax imposed under this chapter applies to forest trees
harvested after April 4, 1986, from lands sold to any
governmental agency by warranty deed or contract where the
seller reserved to itself the right to take all merchantable
timber for a specific period of years, or in perpetuity, and to
forest trees harvested after April 4, 1986, that any governmental agency, by quit claim deed, as partial consideration
for payment of the purchase price, conveyed for a specific
period of years, or in perpetuity, all forest trees, standing,
growing, or lying on the described land, to the taxpayer,
regardless of the date on which the contract was entered.
[1986 c 315 § 8.]
[Title 84 RCW—page 38]
84.33.200 Legislative review of timber tax system—
Information and data to be furnished. (1) The legislature
shall review the system of distribution and allocation of all
timber excise tax revenues in January 1975 and each year
thereafter to provide a uniform and equitable distribution and
allocation of such revenues to the state and local taxing
districts.
(2) In order to allow legislative review of the rules to be
adopted by the department of revenue establishing the
stumpage values provided for in RCW 84.33.091, such rules
shall be effective not less than thirty days after transmitting
to the staffs of the senate and house ways and means
committees (or their successor committees) the same
proposed rules as have been previously filed with the office
of the code reviser pursuant to RCW 34.05.320.
(3) The department of revenue and the department of
natural resources shall make available to the revenue
committees of the senate and house of representatives of the
state legislature information and data, as it may be available,
pertaining to the status of forest land grading throughout the
state, the collection of timber excise tax revenues, the
distribution and allocation of timber excise tax revenues to
the state and local taxing districts, and any other information
as may be necessary for the proper legislative review and
implementation of the timber excise tax system, and in
addition, the departments shall provide an annual report of
such matters in January of each year to such committees.
[2001 c 320 § 17; 1998 c 245 § 170; 1989 c 175 § 179;
1984 c 204 § 25; 1979 c 6 § 4; 1974 ex.s. c 187 § 9.]
Effective date—2001 c 320: See note following RCW 11.02.005.
Effective date—1989 c 175: See note following RCW 34.05.010.
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
Severability—1974 ex.s. c 187: See note following RCW 84.33.130.
84.33.210 Forest land valuation—Special benefit
assessments. (1) Any land that is designated as forest land
under this chapter at the earlier of the times the legislative
authority of a local government adopts a resolution, ordinance, or legislative act (a) to create a local improvement
district, in which the land is included or would have been
included but for the designation, or (b) to approve or
confirm a final special benefit assessment roll relating to a
sanitary or storm sewerage system, domestic water supply or
distribution system, or road construction or improvement,
which roll would have included the land but for the designation, shall be exempt from special benefit assessments or
charges in lieu of assessment for such purposes as long as
that land remains designated as forest land, except as
otherwise provided in RCW 84.33.250.
(2) Whenever a local government creates a local
improvement district, the levying, collection, and enforcement of assessments shall be in the manner and subject to
the same procedures and limitations as are provided under
the law concerning the initiation and formation of local
improvement districts for the particular local government.
Notice of the creation of a local improvement district that
includes designated forest land shall be filed with the
assessor and the legislative authority of the county in which
the land is located. The assessor, upon receiving notice of
the creation of a local improvement district, shall send a
(2002 Ed.)
Timber and Forest Lands
notice to the owners of the designated forest lands listed on
the tax rolls of the applicable treasurer of:
(a) The creation of the local improvement district;
(b) The exemption of that land from special benefit
assessments;
(c) The fact that the designated forest land may become
subject to the special benefit assessments if the owner
waives the exemption by filing a notarized document with
the governing body of the local government creating the
local improvement district before the confirmation of the
final special benefit assessment roll; and
(d) The potential liability, pursuant to RCW 84.33.220,
if the exemption is not waived and the land is subsequently
removed from designated forest land status.
(3) When a local government approves and confirms a
special benefit assessment roll, from which designated forest
land has been exempted under this section, it shall file a
notice of this action with the assessor and the legislative
authority of the county in which the land is located and with
the treasurer of that local government. The notice shall
describe the action taken, the type of improvement involved,
the land exempted, and the amount of the special benefit
assessment that would have been levied against the land if
it had not been exempted. The filing of the notice with the
assessor and the treasurer of that local government shall
constitute constructive notice to a purchaser or encumbrancer
of the affected land, and every person whose conveyance or
encumbrance is subsequently executed or subsequently
recorded, that the exempt land is subject to the charges
provided in RCW 84.33.220 and 84.33.230, if the land is
removed from its designation as forest land.
(4) The owner of the land exempted from special benefit
assessments under this section may waive that exemption by
filing a notarized document to that effect with the legislative
authority of the local government upon receiving notice from
said local government concerning the assessment roll hearing
and before the local government confirms the final special
benefit assessment roll. A copy of that waiver shall be filed
by the local government with the assessor, but the failure to
file this copy shall not affect the waiver.
(5) Except to the extent provided in RCW 84.33.250,
the local government shall have no duty to furnish service
from the improvement financed by the special benefit
assessment to the exempted land. [2001 c 249 § 6; 1992 c
52 § 7.]
84.33.220 Forest land valuation—Withdrawal from
designation or change in use—Liability. Whenever forest
land has been exempted from special benefit assessments
under RCW 84.33.210, any removal from designation or
change in use from forest land under this chapter shall result
in the following:
(1) If the bonds used to fund the improvement in the
local improvement district have not been completely retired,
the land shall immediately become liable for:
(a) The amount of the special benefit assessment listed
in the notice provided for in RCW 84.33.210; plus
(b) Interest on the amount determined in (a) of this
subsection, compounded annually at a rate equal to the
average rate of inflation from the time the initial notice is
filed by the governmental entity that created the local
(2002 Ed.)
84.33.210
improvement district as provided in RCW 84.33.210, to the
time the owner or the assessor removes the land from the
exemption category provided by this chapter; or
(2) If the bonds used to fund the improvement in the
local improvement district have been completely retired, the
land shall immediately become liable for:
(a) The amount of the special benefit assessment listed
in the notice provided for in RCW 84.33.210; plus
(b) Interest on the amount determined in (a) of this
subsection compounded annually at a rate equal to the
average rate of inflation from the time the initial notice is
filed by the governmental entity that created the local
improvement district as provided in RCW 84.33.210, to the
time the bonds used to fund the improvement have been
retired; plus
(c) Interest on the total amount determined in (a) and
(b) of this subsection at a simple per annum rate equal to the
average rate of inflation from the time the bonds used to
fund the improvement have been retired to the time the
owner or the assessor removes the land from the exemption
category provided by this chapter;
(3) The amount payable under this section shall become
due on the date the land is removed from its forest land
designation. This amount shall be a lien on the land prior
and superior to any other lien whatsoever except for the lien
for general taxes, and shall be enforceable in the same
manner as the collection of special benefit assessments are
enforced by that local government. [2001 c 249 § 7; 1992
c 52 § 8.]
84.33.230 Forest land valuation—Change in designation—Notice. Whenever forest land is removed from its
forest land designation, the assessor of the county in which
the land is located shall forthwith give written notice of the
removal to the local government or its successor that filed
with the assessor the notice required by RCW 84.33.210.
Upon receipt of the notice from the assessor, the local
government shall mail a written statement to the owner of
the land for the amounts payable as provided in RCW
84.33.220. The amounts due shall be delinquent if not paid
within one hundred eighty days after the date of mailing of
the statement. The amount payable shall be subject to the
same interest, penalties, lien priority, and enforcement
procedures that are applicable to delinquent assessments on
the assessment roll from which that land had been exempted,
except that the rate of interest charged shall not exceed the
rate provided in RCW 84.33.220. [2001 c 249 § 8; 1992 c
52 § 9.]
84.33.240 Forest land valuation—Change in classification or use—Application of payments. Payments
collected pursuant to RCW 84.33.220 and 84.33.230, or by
enforcement procedures referred to therein, after the payment
of the expenses of their collection, shall first be applied to
the payment of general or special debt incurred to finance
the improvements related to the special benefit assessments,
and, if such debt is retired, then into the maintenance fund
or general fund of the governmental entity that created the
local improvement district, or its successor, for any of the
following purposes: (1) Redemption or servicing of outstanding obligations of the district; (2) maintenance expenses
[Title 84 RCW—page 39]
84.33.240
Title 84 RCW: Property Taxes
of the district; or (3) construction or acquisition of any
facilities necessary to carry out the purpose of the district.
[1992 c 52 § 10.]
84.34.035
84.34.037
84.34.041
84.33.250 Forest land valuation—Special benefit
assessments. The department shall adopt rules it shall deem
necessary to implement RCW 84.33.210 through 84.33.270,
which shall include, but not be limited to, procedures to
determine the extent to which a portion of the land otherwise
exempt may be subject to a special benefit assessment for:
(1) The actual connection to the domestic water system or
sewerage facilities; (2) access to the road improvement in
relation to its value as forest land as distinguished from its
value under more intensive uses; and (3) the lands that
benefit from or cause the need for a local improvement
district. The provision for limited special benefit assessments shall not relieve the land from liability for the
amounts provided in RCW 84.33.220 and 84.33.230 when
the land is removed from its forest land designation. [2001
c 249 § 9; 1992 c 52 § 11.]
84.33.260 Forest land valuation—Withdrawal from
designation or change in use—Benefit assessments.
Whenever a portion of a parcel of land that was designated
as forest land under this chapter is removed from designation
or there is a change in use, and the land has been exempted
from any benefit assessments under RCW 84.33.210, the
previously exempt benefit assessments shall become due on
only that portion of the land that is removed or changed in
use. [2001 c 249 § 10; 1992 c 52 § 12.]
84.34.050
84.34.055
84.34.060
84.34.065
84.34.070
84.34.080
84.34.090
84.34.100
84.34.108
84.34.111
84.34.121
84.34.131
84.34.141
84.34.145
84.34.150
84.34.155
84.34.160
84.34.200
84.34.210
84.33.270 Forest land valuation—Government
future development right—Conserving forest land—
Exemptions. (1) Forest land on which the right of future
development has been acquired by any local government, the
state of Washington, or the United States government shall
be exempt from special benefit assessments in lieu of
assessment for the purposes in the same manner, and under
the same liabilities for payment and interest, as land designated under this chapter as forest land, for as long as the
designation applies.
(2) Any interest, development right, easement, covenant,
or other contractual right that effectively protects, preserves,
maintains, improves, restores, prevents the future nonforest
use of, or otherwise conserves forest land shall be exempt
from special benefit assessments as long as the development
right or other interest effectively serves to prevent nonforest
development of the land. [2001 c 249 § 11; 1992 c 52 §
13.]
84.34.220
Chapter 84.34
OPEN SPACE, AGRICULTURAL, TIMBER
LANDS—CURRENT USE—
CONSERVATION FUTURES
84.34.340
Sections
84.34.010
84.34.020
84.34.030
Legislative declaration.
Definitions.
Applications for current use classification—Forms—Fee—
Times for making.
[Title 84 RCW—page 40]
84.34.230
84.34.240
84.34.250
84.34.300
84.34.310
84.34.320
84.34.330
84.34.350
84.34.360
84.34.370
Applications for current use classification—Approval or
denial—Appeal—Duties of assessor upon approval.
Applications for current use classification—To whom
made—Factors—Review.
Application for current use classification—Forms—Public
hearing—Approval or denial.
Notice of approval or disapproval—Procedure when approval granted.
Open space priorities—Open space plan and public benefit
rating system.
Determination of true and fair value of classified land—
Computation of assessed value.
Determination of true and fair value of farm and agricultural
land—Definitions.
Withdrawal from classification.
Change in use.
Extension of additional tax and penalties on tax roll—Lien.
Payment of additional tax, penalties, and/or interest.
Removal of classification—Factors—Notice of continuance—Additional tax—Lien—Delinquencies—
Exemptions.
Remedies available to owner liable for additional tax.
Information required.
Valuation of timber not affected.
Rules and regulations.
Advisory committee.
Reclassification of land classified under prior law which
meets definition of farm and agricultural land.
Reclassification of land classified as timber land which
meets definition of forest land under chapter 84.33
RCW.
Information on current use classification—Publication and
dissemination.
Acquisition of open space, etc., land or rights to future
development by counties, cities, or metropolitan municipal corporations—Legislative declaration—Purposes.
Acquisition of open space, land, or rights to future development by certain entities—Authority to acquire—
Conveyance or lease back.
Acquisition of open space, land, or rights to future development by certain entities—Developmental rights—
"Conservation futures"—Acquisition—Restrictions.
Acquisition of open space, etc., land or rights to future
development by counties, cities, metropolitan municipal
corporations or nonprofit nature conservancy corporation
or association—Additional property tax levy authorized.
Acquisition of open space, etc., land or rights to future
development by counties, cities, metropolitan municipal
corporations or nonprofit nature conservancy corporation
or association—Conservation futures fund.
Nonprofit nature conservancy corporation or association
defined.
Special benefit assessments for farm and agricultural land or
timber land—Legislative findings—Purpose.
Special benefit assessments for farm and agricultural land or
timber land—Definitions.
Special benefit assessments for farm and agricultural land or
timber land—Exemption from assessment—Procedures
relating to exemption—Constructive notice of potential
liability—Waiver of exemption.
Special benefit assessments for farm and agricultural land or
timber land—Withdrawal from classification or change
in use—Liability—Amount—Due date—Lien.
Special benefit assessments for farm and agricultural land or
timber land—Withdrawal or removal from classification—Notice to local government—Statement to owner
of amounts payable—Delinquency date—Enforcement
procedures.
Special benefit assessments for farm and agricultural land—
Use of payments collected.
Special benefit assessments for farm and agricultural land or
timber land—Rules to implement RCW 84.34.300
through 84.34.380.
Special benefit assessments for farm and agricultural land or
timber land—Assessments due on land withdrawn or
changed.
(2002 Ed.)
Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures
84.34.380
Special benefit assessments for farm and agricultural land or
timber land—Application of exemption to rights and
interests preventing nonagricultural or nonforest uses.
84.34.390 Application—Chapter 79.44 RCW—Assessments against
public lands.
84.34.900 Severability—1970 ex.s. c 87.
84.34.910 Effective date—1970 ex.s. c 87.
84.34.920 Severability—1971 ex.s. c 243.
84.34.921 Severability—1973 1st ex.s. c 212.
84.34.922 Severability—1979 c 84.
84.34.923 Effective date—1992 c 69.
Conservation futures on agricultural land—Property tax exemption: RCW
84.36.260, 84.36.500.
84.34.010 Legislative declaration. The legislature
hereby declares that it is in the best interest of the state to
maintain, preserve, conserve and otherwise continue in
existence adequate open space lands for the production of
food, fiber and forest crops, and to assure the use and
enjoyment of natural resources and scenic beauty for the
economic and social well-being of the state and its citizens.
The legislature further declares that assessment practices
must be so designed as to permit the continued availability
of open space lands for these purposes, and it is the intent of
this chapter so to provide. The legislature further declares
its intent that farm and agricultural lands shall be valued on
the basis of their value for use as authorized by section 11
of Article VII of the Constitution of the state of Washington.
[1973 1st ex.s. c 212 § 1; 1970 ex.s. c 87 § 1.]
84.34.020 Definitions. As used in this chapter, unless
a different meaning is required by the context:
(1) "Open space land" means (a) any land area so
designated by an official comprehensive land use plan
adopted by any city or county and zoned accordingly, or (b)
any land area, the preservation of which in its present use
would (i) conserve and enhance natural or scenic resources,
or (ii) protect streams or water supply, or (iii) promote
conservation of soils, wetlands, beaches or tidal marshes, or
(iv) enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations or
sanctuaries or other open space, or (v) enhance recreation
opportunities, or (vi) preserve historic sites, or (vii) preserve
visual quality along highway, road, and street corridors or
scenic vistas, or (viii) retain in its natural state tracts of land
not less than one acre situated in an urban area and open to
public use on such conditions as may be reasonably required
by the legislative body granting the open space classification,
or (c) any land meeting the definition of farm and agricultural conservation land under subsection (8) of this section. As
a condition of granting open space classification, the legislative body may not require public access on land classified
under (b)(iii) of this subsection for the purpose of promoting
conservation of wetlands.
(2) "Farm and agricultural land" means:
(a) Any parcel of land that is twenty or more acres or
multiple parcels of land that are contiguous and total twenty
or more acres:
(i) Devoted primarily to the production of livestock or
agricultural commodities for commercial purposes;
(ii) Enrolled in the federal conservation reserve program
or its successor administered by the United States department
of agriculture; or
(2002 Ed.)
Chapter 84.34
(iii) Other similar commercial activities as may be
established by rule;
(b) Any parcel of land that is five acres or more but less
than twenty acres devoted primarily to agricultural uses,
which has produced a gross income from agricultural uses
equivalent to, as of January 1, 1993:
(i) One hundred dollars or more per acre per year for
three of the five calendar years preceding the date of
application for classification under this chapter for all parcels
of land that are classified under this subsection or all parcels
of land for which an application for classification under this
subsection is made with the granting authority prior to
January 1, 1993; and
(ii) On or after January 1, 1993, two hundred dollars or
more per acre per year for three of the five calendar years
preceding the date of application for classification under this
chapter;
(c) Any parcel of land of less than five acres devoted
primarily to agricultural uses which has produced a gross
income as of January 1, 1993, of:
(i) One thousand dollars or more per year for three of
the five calendar years preceding the date of application for
classification under this chapter for all parcels of land that
are classified under this subsection or all parcels of land for
which an application for classification under this subsection
is made with the granting authority prior to January 1, 1993;
and
(ii) On or after January 1, 1993, fifteen hundred dollars
or more per year for three of the five calendar years preceding the date of application for classification under this
chapter.
Parcels of land described in (b)(i) and (c)(i) of this subsection shall, upon any transfer of the property excluding a
transfer to a surviving spouse, be subject to the limits of
(b)(ii) and (c)(ii) of this subsection;
(d) Any lands including incidental uses as are compatible with agricultural purposes, including wetlands preservation, provided such incidental use does not exceed twenty
percent of the classified land and the land on which appurtenances necessary to the production, preparation, or sale of
the agricultural products exist in conjunction with the lands
producing such products. Agricultural lands shall also
include any parcel of land of one to five acres, which is not
contiguous, but which otherwise constitutes an integral part
of farming operations being conducted on land qualifying
under this section as "farm and agricultural lands"; or
(e) The land on which housing for employees and the
principal place of residence of the farm operator or owner of
land classified pursuant to (a) of this subsection is sited if:
The housing or residence is on or contiguous to the classified parcel; and the use of the housing or the residence is
integral to the use of the classified land for agricultural
purposes.
(3) "Timber land" means any parcel of land that is five
or more acres or multiple parcels of land that are contiguous
and total five or more acres which is or are devoted primarily to the growth and harvest of timber for commercial
purposes. Timber land means the land only.
(4) "Current" or "currently" means as of the date on
which property is to be listed and valued by the assessor.
[Title 84 RCW—page 41]
84.34.020
Title 84 RCW: Property Taxes
(5) "Owner" means the party or parties having the fee
interest in land, except that where land is subject to real
estate contract "owner" shall mean the contract vendee.
(6) "Contiguous" means land adjoining and touching
other property held by the same ownership. Land divided by
a public road, but otherwise an integral part of a farming
operation, shall be considered contiguous.
(7) "Granting authority" means the appropriate agency
or official who acts on an application for classification of
land pursuant to this chapter.
(8) "Farm and agricultural conservation land" means
either:
(a) Land that was previously classified under subsection
(2) of this section, that no longer meets the criteria of
subsection (2) of this section, and that is reclassified under
subsection (1) of this section; or
(b) Land that is traditional farmland that is not classified
under chapter 84.33 or 84.34 RCW, that has not been
irrevocably devoted to a use inconsistent with agricultural
uses, and that has a high potential for returning to commercial agriculture. [2002 c 315 § 1; 2001 c 249 § 12; 1998 c
320 § 7; 1997 c 429 § 31; 1992 c 69 § 4; 1988 c 253 § 3;
1983 c 3 § 227; 1973 1st ex.s. c 212 § 2; 1970 ex.s. c 87 §
2.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
84.34.030 Applications for current use classification—Forms—Fee—Times for making. An owner of
agricultural land desiring current use classification under
subsection (2) of RCW 84.34.020 shall make application to
the county assessor upon forms prepared by the state
department of revenue and supplied by the county assessor.
An owner of open space or timber land desiring current use
classification under subsections (1) and (3) of RCW
84.34.020 shall make application to the county legislative
authority upon forms prepared by the state department of
revenue and supplied by the county assessor. The application shall be accompanied by a reasonable processing fee if
such processing fee is established by the city or county legislative authority. Said application shall require only such
information reasonably necessary to properly classify an area
of land under this chapter with a notarized verification of the
truth thereof and shall include a statement that the applicant
is aware of the potential tax liability involved when such
land ceases to be designated as open space, farm and
agricultural or timber land. Applications must be made
during the calendar year preceding that in which such
classification is to begin. The assessor shall make necessary
information, including copies of this chapter and applicable
regulations, readily available to interested parties, and shall
render reasonable assistance to such parties upon request.
[1989 c 378 § 10; 1973 1st ex.s. c 212 § 3; 1970 ex.s. c 87
§ 3.]
84.34.035 Applications for current use classification—Approval or denial—Appeal—Duties of assessor
upon approval. The assessor shall act upon the application
for current use classification of farm and agricultural lands
under RCW 84.34.020(2), with due regard to all relevant
evidence. The application shall be deemed to have been
approved unless, prior to the first day of May of the year
[Title 84 RCW—page 42]
after such application was mailed or delivered to the assessor, the assessor shall notify the applicant in writing of the
extent to which the application is denied. An owner who
receives notice that his or her application has been denied
may appeal such denial to the board of equalization in the
county where the property is located. The appeal shall be
filed in accordance with RCW 84.40.038. Within ten days
following approval of the application, the assessor shall
submit notification of such approval to the county auditor for
recording in the place and manner provided for the public
recording of state tax liens on real property. The assessor
shall retain a copy of all applications.
The assessor shall, as to any such land, make a notation
each year on the assessment list and the tax roll of the
assessed value of such land for the use for which it is
classified in addition to the assessed value of such land were
it not so classified. [2001 c 185 § 6; 1992 c 69 § 5; 1973
1st ex.s. c 212 § 4.]
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
84.34.037 Applications for current use classification—To whom made—Factors—Review. (1) Applications for classification or reclassification under RCW
84.34.020(1) shall be made to the county legislative authority. An application made for classification or reclassification
of land under RCW 84.34.020(1) (b) and (c) which is in an
area subject to a comprehensive plan shall be acted upon in
the same manner in which an amendment to the comprehensive plan is processed. Application made for classification
of land which is in an area not subject to a comprehensive
plan shall be acted upon after a public hearing and after
notice of the hearing shall have been given by one publication in a newspaper of general circulation in the area at least
ten days before the hearing: PROVIDED, That applications
for classification of land in an incorporated area shall be
acted upon by a granting authority composed of three
members of the county legislative body and three members
of the city legislative body in which the land is located.
(2) In determining whether an application made for
classification or reclassification under RCW 84.34.020(1) (b)
and (c) should be approved or disapproved, the granting
authority may take cognizance of the benefits to the general
welfare of preserving the current use of the property which
is the subject of application, and shall consider:
(a) The resulting revenue loss or tax shift;
(b) Whether granting the application for land applying
under RCW 84.34.020(1)(b) will (i) conserve or enhance
natural, cultural, or scenic resources, (ii) protect streams,
stream corridors, wetlands, natural shorelines and aquifers,
(iii) protect soil resources and unique or critical wildlife and
native plant habitat, (iv) promote conservation principles by
example or by offering educational opportunities, (v)
enhance the value of abutting or neighboring parks, forests,
wildlife preserves, nature reservations, sanctuaries, or other
open spaces, (vi) enhance recreation opportunities, (vii)
preserve historic and archaeological sites, (viii) preserve
visual quality along highway, road, and street corridors or
scenic vistas, (ix) affect any other factors relevant in
weighing benefits to the general welfare of preserving the
current use of the property; and
(2002 Ed.)
Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures
(c) Whether granting the application for land applying
under RCW 84.34.020(1)(c) will (i) either preserve land
previously classified under RCW 84.34.020(2) or preserve
land that is traditional farmland and not classified under
chapter 84.33 or 84.34 RCW, (ii) preserve land with a
potential for returning to commercial agriculture, and (iii)
affect any other factors relevant in weighing benefits to the
general welfare of preserving the current use of property.
(3) If a public benefit rating system is adopted under
RCW 84.34.055, the county legislative authority shall rate
property for which application for classification has been
made under RCW 84.34.020(1) (b) and (c) according to the
public benefit rating system in determining whether an
application should be approved or disapproved, but when
such a system is adopted, open space properties then
classified under this chapter which do not qualify under the
system shall not be removed from classification but may be
rated according to the public benefit rating system.
(4) The granting authority may approve the application
with respect to only part of the land which is the subject of
the application. If any part of the application is denied, the
applicant may withdraw the entire application. The granting
authority in approving in part or whole an application for
land classified or reclassified pursuant to RCW 84.34.020(1)
may also require that certain conditions be met, including but
not limited to the granting of easements. As a condition of
granting open space classification, the legislative body may
not require public access on land classified under RCW
84.34.020(1)(b)(iii) for the purpose of promoting conservation of wetlands.
(5) The granting or denial of the application for current
use classification or reclassification is a legislative determination and shall be reviewable only for arbitrary and
capricious actions. [1992 c 69 § 6; 1985 c 393 § 1; 1984 c
111 § 1; 1973 1st ex.s. c 212 § 5.]
84.34.041 Application for current use classification—Forms—Public hearing—Approval or denial. An
application for current use classification or reclassification
under RCW 84.34.020(3) shall be made to the county
legislative authority.
(1) The application shall be made upon forms prepared
by the department of revenue and supplied by the granting
authority and shall include the following elements that
constitute a timber management plan:
(a) A legal description of, or assessor’s parcel numbers
for, all land the applicant desires to be classified as timber
land;
(b) The date or dates of acquisition of the land;
(c) A brief description of the timber on the land, or if
the timber has been harvested, the owner’s plan for restocking;
(d) Whether there is a forest management plan for the
land;
(e) If so, the nature and extent of implementation of the
plan;
(f) Whether the land is used for grazing;
(g) Whether the land has been subdivided or a plat filed
with respect to the land;
(h) Whether the land and the applicant are in compliance with the restocking, forest management, fire protection,
(2002 Ed.)
84.34.037
insect and disease control, weed control, and forest debris
provisions of Title 76 RCW or applicable rules under Title
76 RCW;
(i) Whether the land is subject to forest fire protection
assessments pursuant to RCW 76.04.610;
(j) Whether the land is subject to a lease, option, or
other right that permits it to be used for a purpose other than
growing and harvesting timber;
(k) A summary of the past experience and activity of
the applicant in growing and harvesting timber;
(l) A summary of current and continuing activity of the
applicant in growing and harvesting timber;
(m) A statement that the applicant is aware of the
potential tax liability involved when the land ceases to be
classified as timber land.
(2) An application made for classification of land under
RCW 84.34.020(3) shall be acted upon after a public hearing
and after notice of the hearing is given by one publication in
a newspaper of general circulation in the area at least ten
days before the hearing. Application for classification of
land in an incorporated area shall be acted upon by a
granting authority composed of three members of the county
legislative body and three members of the city legislative
body in which the land is located.
(3) The granting authority shall act upon the application
with due regard to all relevant evidence and without any one
or more items of evidence necessarily being determinative,
except that the application may be denied for one of the following reasons, without regard to other items:
(a) The land does not contain a stand of timber as
defined in chapter 76.09 RCW and applicable rules, except
this reason shall not alone be sufficient to deny the application (i) if the land has been recently harvested or supports a
growth of brush or noncommercial type timber, and the
application includes a plan for restocking within three years
or the longer period necessitated by unavailability of seed or
seedlings, or (ii) if only isolated areas within the land do not
meet minimum standards due to rock outcroppings, swamps,
unproductive soil, or other natural conditions;
(b) The applicant, with respect to the land, has failed to
comply with a final administrative or judicial order with
respect to a violation of the restocking, forest management,
fire protection, insect and disease control, weed control, and
forest debris provisions of Title 76 RCW or applicable rules
under Title 76 RCW;
(c) The land abuts a body of salt water and lies between
the line of ordinary high tide and a line paralleling the
ordinary high tide line and two hundred feet horizontally
landward from the high tide line.
(4) The timber management plan must be filed with the
county legislative authority either: (a) When an application
for classification under this chapter is submitted; (b) when a
sale or transfer of timber land occurs and a notice of
continuance is signed; or (c) within sixty days of the date the
application for reclassification under this chapter or from
designated forest land is received. The application for
reclassification shall be accepted, but shall not be processed
until the timber management plan is received. If the timber
management plan is not received within sixty days of the
date the application for reclassification is received, the
application for reclassification shall be denied.
[Title 84 RCW—page 43]
84.34.041
Title 84 RCW: Property Taxes
If circumstances require it, the county assessor may
allow in writing an extension of time for submitting a timber
management plan when an application for classification or
reclassification or notice of continuance is filed. When the
assessor approves an extension of time for filing the timber
management plan, the county legislative authority may delay
processing an application until the timber management plan
is received. If the timber management plan is not received
by the date set by the assessor, the application or the notice
of continuance shall be denied.
The granting authority may approve the application with
respect to only part of the land that is described in the
application, and if any part of the application is denied, the
applicant may withdraw the entire application. The granting
authority, in approving in part or whole an application for
land classified pursuant to RCW 84.34.020(3), may also
require that certain conditions be met.
Granting or denial of an application for current use
classification is a legislative determination and shall be
reviewable only for arbitrary and capricious actions. The
granting authority may not require the granting of easements
for land classified pursuant to RCW 84.34.020(3).
The granting authority shall approve or disapprove an
application made under this section within six months
following the date the application is received. [2002 c 315
§ 2; 1992 c 69 § 20.]
84.34.050 Notice of approval or disapproval—
Procedure when approval granted. (1) The granting
authority shall immediately notify the assessor and the
applicant of its approval or disapproval which shall in no
event be more than six months from the receipt of said
application. No land other than farm and agricultural land
shall be classified under this chapter until an application in
regard thereto has been approved by the appropriate legislative authority.
(2) When the granting authority classifies land under
this chapter, it shall file notice of the same with the assessor
within ten days. The assessor shall, as to any such land,
make a notation each year on the assessment list and the tax
roll of the assessed value of such land for the use for which
it is classified in addition to the assessed value of such land
were it not so classified.
(3) Within ten days following receipt of the notice from
the granting authority of classification of such land under
this chapter, the assessor shall submit such notice to the
county auditor for recording in the place and manner
provided for the public recording of state tax liens on real
property. [1992 c 69 § 7; 1973 1st ex.s. c 212 § 6; 1970
ex.s. c 87 § 5.]
84.34.055 Open space priorities—Open space plan
and public benefit rating system. (1) The county legislative authority may direct the county planning commission to
set open space priorities and adopt, after a public hearing, an
open space plan and public benefit rating system for the
county. The plan shall consist of criteria for determining
eligibility of lands, the process for establishing a public
benefit rating system, and an assessed valuation schedule.
The assessed valuation schedule shall be developed by the
county assessor and shall be a percentage of market value
[Title 84 RCW—page 44]
based upon the public benefit rating system. The open space
plan, the public benefit rating system, and the assessed
valuations schedule shall not be effective until approved by
the county legislative authority after at least one public
hearing: PROVIDED, That any county which has complied
with the procedural requisites of chapter 393, Laws of 1985,
prior to July 28, 1985, need not repeat those procedures in
order to adopt an open space plan pursuant to chapter 393,
Laws of 1985.
(2) In adopting an open space plan, recognized sources
shall be used unless the county does its own survey of
important open space priorities or features, or both. Recognized sources include but are not limited to the natural
heritage data base; the state office of historic preservation;
the interagency committee for outdoor recreation inventory
of dry accretion beach and shoreline features; state, national,
county, or city registers of historic places; the shoreline
master program; or studies by the parks and recreation
commission and by the departments of fish and wildlife and
natural resources. Features and sites may be verified by an
outside expert in the field and approved by the appropriate
state or local agency to be sent to the county legislative
authority for final approval as open space.
(3) When the county open space plan is adopted, owners
of open space lands then classified under this chapter shall
be notified in the same manner as is provided in RCW
84.40.045 of their new assessed value. These lands may be
removed from classification, upon request of owner, without
penalty within thirty days of notification of value.
(4) The open space plan and public benefit rating
system under this section may be adopted for taxes payable
in 1986 and thereafter. [1994 c 264 § 76; 1988 c 36 § 62;
1985 c 393 § 3.]
84.34.060 Determination of true and fair value of
classified land—Computation of assessed value. In
determining the true and fair value of open space land and
timber land, which has been classified as such under the
provisions of this chapter, the assessor shall consider only
the use to which such property and improvements is currently applied and shall not consider potential uses of such
property. The assessed valuation of open space land shall
not be less than the minimum value per acre of classified
farm and agricultural land except that the assessed valuation
of open space land may be valued based on the public
benefit rating system adopted under RCW 84.34.055:
PROVIDED FURTHER, That timber land shall be valued
according to chapter 84.33 RCW. In valuing any tract or
parcel of real property designated and zoned under a comprehensive plan adopted under chapter 36.70A RCW as
agricultural, forest, or open space land, the appraisal shall
not be based on similar sales of parcels that have been
converted to nonagricultural, nonforest, or nonopen-space
uses within five years after the sale. [1997 c 429 § 32; 1992
c 69 § 8; 1985 c 393 § 2; 1981 c 148 § 10; 1973 1st ex.s. c
212 § 7; 1970 ex.s. c 87 § 6.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Purpose—Severability—Effective dates—1981 c 148: See notes
following RCW 84.33.130.
(2002 Ed.)
Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures
84.34.065 Determination of true and fair value of
farm and agricultural land—Definitions. The true and fair
value of farm and agricultural land shall be determined by
consideration of the earning or productive capacity of comparable lands from crops grown most typically in the area
averaged over not less than five years, capitalized at indicative rates. The earning or productive capacity of farm and
agricultural lands shall be the "net cash rental", capitalized
at a "rate of interest" charged on long term loans secured by
a mortgage on farm or agricultural land plus a component
for property taxes. The current use value of land under
RCW 84.34.020(2)(e) shall be established as: The prior
year’s average value of open space farm and agricultural
land used in the county plus the value of land improvements
such as septic, water, and power used to serve the residence.
This shall not be interpreted to require the assessor to list
improvements to the land with the value of the land.
For the purposes of the above computation:
(1) The term "net cash rental" shall mean the average
rental paid on an annual basis, in cash, for the land being
appraised and other farm and agricultural land of similar
quality and similarly situated that is available for lease for a
period of at least three years to any reliable person without
unreasonable restrictions on its use for production of
agricultural crops. There shall be allowed as a deduction
from the rental received or computed any costs of crop
production charged against the landlord if the costs are such
as are customarily paid by a landlord. If "net cash rental"
data is not available, the earning or productive capacity of
farm and agricultural lands shall be determined by the cash
value of typical or usual crops grown on land of similar
quality and similarly situated averaged over not less than
five years. Standard costs of production shall be allowed as
a deduction from the cash value of the crops.
The current "net cash rental" or "earning capacity" shall
be determined by the assessor with the advice of the advisory committee as provided in RCW 84.34.145, and through a
continuing internal study, assisted by studies of the department of revenue. This net cash rental figure as it applies to
any farm and agricultural land may be challenged before the
same boards or authorities as would be the case with regard
to assessed values on general property.
(2) The term "rate of interest" shall mean the rate of
interest charged by the farm credit administration and other
large financial institutions regularly making loans secured by
farm and agricultural lands through mortgages or similar
legal instruments, averaged over the immediate past five
years.
The "rate of interest" shall be determined annually by a
rule adopted by the department of revenue and such rule
shall be published in the state register not later than January
1 of each year for use in that assessment year. The department of revenue determination may be appealed to the state
board of tax appeals within thirty days after the date of
publication by any owner of farm or agricultural land or the
assessor of any county containing farm and agricultural land.
(3) The "component for property taxes" shall be a figure
obtained by dividing the assessed value of all property in the
county into the property taxes levied within the county in the
year preceding the assessment and multiplying the quotient
obtained by one hundred. [2001 c 249 § 13; 2000 c 103 §
(2002 Ed.)
84.34.065
23; 1998 c 320 § 8; 1997 c 429 § 33; 1992 c 69 § 9; 1989
c 378 § 11; 1973 1st ex.s. c 212 § 10.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
84.34.070 Withdrawal from classification. (1) When
land has once been classified under this chapter, it shall
remain under such classification and shall not be applied to
other use except as provided by subsection (2) of this section
for at least ten years from the date of classification and shall
continue under such classification until and unless withdrawn
from classification after notice of request for withdrawal
shall be made by the owner. During any year after eight
years of the initial ten-year classification period have
elapsed, notice of request for withdrawal of all or a portion
of the land may be given by the owner to the assessor or
assessors of the county or counties in which such land is
situated. In the event that a portion of a parcel is removed
from classification, the remaining portion must meet the
same requirements as did the entire parcel when such land
was originally granted classification pursuant to this chapter
unless the remaining parcel has different income criteria.
Within seven days the assessor shall transmit one copy of
such notice to the legislative body which originally approved
the application. The assessor or assessors, as the case may
be, shall, when two assessment years have elapsed following
the date of receipt of such notice, withdraw such land from
such classification and the land shall be subject to the
additional tax and applicable interest due under RCW
84.34.108. Agreement to tax according to use shall not be
considered to be a contract and can be abrogated at any time
by the legislature in which event no additional tax or penalty
shall be imposed.
(2) The following reclassifications are not considered
withdrawals or removals and are not subject to additional tax
under RCW 84.34.108:
(a) Reclassification between lands under RCW
84.34.020 (2) and (3);
(b) Reclassification of land classified under RCW
84.34.020 (2) or (3) or chapter 84.33 RCW to open space
land under RCW 84.34.020(1);
(c) Reclassification of land classified under RCW
84.34.020 (2) or (3) to forest land classified under chapter
84.33 RCW; and
(d) Reclassification of land classified as open space land
under RCW 84.34.020(1)(c) and reclassified to farm and
agricultural land under RCW 84.34.020(2) if the land had
been previously classified as farm and agricultural land
under RCW 84.34.020(2).
(3) Applications for reclassification shall be subject to
applicable provisions of RCW 84.34.037, 84.34.035,
84.34.041, and chapter 84.33 RCW.
(4) The income criteria for land classified under RCW
84.34.020(2) (b) and (c) may be deferred for land being
reclassified from land classified under RCW 84.34.020 (1)(c)
or (3), or chapter 84.33 RCW into RCW 84.34.020(2) (b) or
(c) for a period of up to five years from the date of reclassification. [1992 c 69 § 10; 1984 c 111 § 2; 1973 1st ex.s. c
212 § 8; 1970 ex.s. c 87 § 7.]
84.34.080 Change in use. When land which has been
classified under this chapter as open space land, farm and
[Title 84 RCW—page 45]
84.34.080
Title 84 RCW: Property Taxes
agricultural land, or timber land is applied to some other use,
except through compliance with RCW 84.34.070, or except
as a result solely from any one of the conditions listed in
RCW 84.34.108(6), the owner shall within sixty days notify
the county assessor of such change in use and additional real
property tax shall be imposed upon such land in an amount
equal to the sum of the following:
(1) The total amount of the additional tax and applicable
interest due under RCW 84.34.108; plus
(2) A penalty amounting to twenty percent of the
amount determined in subsection (1) of this section. [1999
sp.s. c 4 § 705; 1992 c 69 § 11; 1973 1st ex.s. c 212 § 9;
1970 ex.s. c 87 § 8.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
84.34.090 Extension of additional tax and penalties
on tax roll—Lien. The additional tax and penalties, if any,
provided by RCW 84.34.070 and 84.34.080 shall be extended on the tax roll and shall be, together with the interest
thereon, a lien on the land to which such tax applies as of
January 1st of the year for which such additional tax is
imposed. Such lien shall have priority as provided in
chapter 84.60 RCW: PROVIDED, That for purposes of all
periods of limitation of actions specified in Title 84 RCW,
the year in which the tax became payable shall be as
specified in RCW 84.34.100. [1970 ex.s. c 87 § 9.]
84.34.100 Payment of additional tax, penalties,
and/or interest. The additional tax, penalties, and/or
interest provided by RCW 84.34.070 and 84.34.080 shall be
payable in full thirty days after the date which the treasurer’s
statement therefor is rendered. Such additional tax when
collected shall be distributed by the county treasurer in the
same manner in which current taxes applicable to the subject
land are distributed. [1980 c 134 § 4; 1970 ex.s. c 87 § 10.]
84.34.108 Removal of classification—Factors—
Notice of continuance—Additional tax—Lien—
Delinquencies—Exemptions. (1) When land has once been
classified under this chapter, a notation of the classification
shall be made each year upon the assessment and tax rolls
and the land shall be valued pursuant to RCW 84.34.060 or
84.34.065 until removal of all or a portion of the classification by the assessor upon occurrence of any of the following:
(a) Receipt of notice from the owner to remove all or a
portion of the classification;
(b) Sale or transfer to an ownership, except a transfer
that resulted from a default in loan payments made to or
secured by a governmental agency that intends to or is
required by law or regulation to resell the property for the
same use as before, making all or a portion of the land
exempt from ad valorem taxation;
(c) Sale or transfer of all or a portion of the land to a
new owner, unless the new owner has signed a notice of
classification continuance, except transfer to an owner who
is an heir or devisee of a deceased owner shall not, by itself,
result in removal of classification. The notice of continuance shall be on a form prepared by the department. If the
notice of continuance is not signed by the new owner and
attached to the real estate excise tax affidavit, all additional
[Title 84 RCW—page 46]
taxes calculated pursuant to subsection (4) of this section
shall become due and payable by the seller or transferor at
time of sale. The auditor shall not accept an instrument of
conveyance of classified land for filing or recording unless
the new owner has signed the notice of continuance or the
additional tax has been paid, as evidenced by the real estate
excise tax stamp affixed thereto by the treasurer. The seller,
transferor, or new owner may appeal the new assessed
valuation calculated under subsection (4) of this section to
the county board of equalization in accordance with the
provisions of RCW 84.40.038. Jurisdiction is hereby
conferred on the county board of equalization to hear these
appeals;
(d) Determination by the assessor, after giving the
owner written notice and an opportunity to be heard, that all
or a portion of the land no longer meets the criteria for
classification under this chapter. The criteria for classification pursuant to this chapter continue to apply after classification has been granted.
The granting authority, upon request of an assessor,
shall provide reasonable assistance to the assessor in making
a determination whether the land continues to meet the
qualifications of RCW 84.34.020 (1) or (3). The assistance
shall be provided within thirty days of receipt of the request.
(2) Land may not be removed from classification
because of:
(a) The creation, sale, or transfer of forestry riparian
easements under RCW 76.13.120; or
(b) The creation, sale, or transfer of a fee interest or a
conservation easement for the riparian open space program
under RCW 76.09.040.
(3) Within thirty days after such removal of all or a
portion of the land from current use classification, the
assessor shall notify the owner in writing, setting forth the
reasons for the removal. The seller, transferor, or owner
may appeal the removal to the county board of equalization
in accordance with the provisions of RCW 84.40.038.
(4) Unless the removal is reversed on appeal, the
assessor shall revalue the affected land with reference to its
true and fair value on January 1st of the year of removal
from classification. Both the assessed valuation before and
after the removal of classification shall be listed and taxes
shall be allocated according to that part of the year to which
each assessed valuation applies. Except as provided in
subsection (6) of this section, an additional tax, applicable
interest, and penalty shall be imposed which shall be due and
payable to the treasurer thirty days after the owner is notified
of the amount of the additional tax. As soon as possible, the
assessor shall compute the amount of additional tax, applicable interest, and penalty and the treasurer shall mail notice
to the owner of the amount thereof and the date on which
payment is due. The amount of the additional tax, applicable interest, and penalty shall be determined as follows:
(a) The amount of additional tax shall be equal to the
difference between the property tax paid as "open space
land", "farm and agricultural land", or "timber land" and the
amount of property tax otherwise due and payable for the
seven years last past had the land not been so classified;
(b) The amount of applicable interest shall be equal to
the interest upon the amounts of the additional tax paid at
the same statutory rate charged on delinquent property taxes
from the dates on which the additional tax could have been
(2002 Ed.)
Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures
paid without penalty if the land had been assessed at a value
without regard to this chapter;
(c) The amount of the penalty shall be as provided in
RCW 84.34.080. The penalty shall not be imposed if the
removal satisfies the conditions of RCW 84.34.070.
(5) Additional tax, applicable interest, and penalty, shall
become a lien on the land which shall attach at the time the
land is removed from classification under this chapter and
shall have priority to and shall be fully paid and satisfied
before any recognizance, mortgage, judgment, debt, obligation or responsibility to or with which the land may become
charged or liable. This lien may be foreclosed upon expiration of the same period after delinquency and in the same
manner provided by law for foreclosure of liens for delinquent real property taxes as provided in RCW 84.64.050
now or as hereafter amended. Any additional tax unpaid on
its due date shall thereupon become delinquent. From the
date of delinquency until paid, interest shall be charged at
the same rate applied by law to delinquent ad valorem
property taxes.
(6) The additional tax, applicable interest, and penalty
specified in subsection (4) of this section shall not be
imposed if the removal of classification pursuant to subsection (1) of this section resulted solely from:
(a) Transfer to a government entity in exchange for
other land located within the state of Washington;
(b)(i) A taking through the exercise of the power of
eminent domain, or (ii) sale or transfer to an entity having
the power of eminent domain in anticipation of the exercise
of such power, said entity having manifested its intent in
writing or by other official action;
(c) A natural disaster such as a flood, windstorm,
earthquake, or other such calamity rather than by virtue of
the act of the landowner changing the use of the property;
(d) Official action by an agency of the state of Washington or by the county or city within which the land is
located which disallows the present use of the land;
(e) Transfer of land to a church when the land would
qualify for exemption pursuant to RCW 84.36.020;
(f) Acquisition of property interests by state agencies or
agencies or organizations qualified under RCW 84.34.210
and 64.04.130 for the purposes enumerated in those sections.
At such time as these property interests are not used for the
purposes enumerated in RCW 84.34.210 and 64.04.130 the
additional tax specified in subsection (4) of this section shall
be imposed;
(g) Removal of land classified as farm and agricultural
land under RCW 84.34.020(2)(e);
(h) Removal of land from classification after enactment
of a statutory exemption that qualifies the land for exemption
and receipt of notice from the owner to remove the land
from classification;
(i) The creation, sale, or transfer of forestry riparian
easements under RCW 76.13.120;
(j) The creation, sale, or transfer of a fee interest or a
conservation easement for the riparian open space program
under RCW 76.09.040;
(k) The sale or transfer of land within two years after
the death of the owner of at least a fifty percent interest in
the land if the land has been assessed and valued as classified forest land, designated as forest land under chapter
(2002 Ed.)
84.34.108
84.33 RCW, or classified under this chapter continuously
since 1993;
(l) The sale or transfer of land after the death of the
owner of at least a fifty percent interest in the land if the
land has been assessed and valued as classified forest land,
designated as forest land under chapter 84.33 RCW, or
classified under this chapter continuously since 1993 and the
sale or transfer takes place within two years after July 22,
2001, and the death of the owner occurred after January 1,
1991; or
(m) The date of death shown on a death certificate is
the date used for the purpose of this subsection (6). [2001
c 305 § 3; 2001 c 249 § 14; 2001 c 185 § 7. Prior: 1999
sp.s. c 4 § 706; 1999 c 233 § 22; 1999 c 139 § 2; 1992 c 69
§ 12; 1989 c 378 § 35; 1985 c 319 § 1; 1983 c 41 § 1; 1980
c 134 § 5; 1973 1st ex.s. c 212 § 12.]
Reviser’s note: This section was amended by 2001 c 185 § 7, 2001
c 249 § 14, and by 2001 c 305 § 3, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective date—1999 c 233: See note following RCW 4.28.320.
84.34.111 Remedies available to owner liable for
additional tax. The owner of any land as to which additional tax is imposed as provided in this chapter shall have
with respect to valuation of the land and imposition of the
additional tax all remedies provided by this title. [1998 c
311 § 14; 1973 1st ex.s. c 212 § 13.]
84.34.121 Information required. The assessor may
require owners of land classified under this chapter to submit
pertinent data regarding the use of the land, productivity of
typical crops, and such similar information pertinent to
continued classification and appraisal of the land. [1973 1st
ex.s. c 212 § 14.]
84.34.131 Valuation of timber not affected. Nothing
in this chapter shall be construed as in any manner affecting
the method for valuation of timber standing on timber land
which has been classified under this chapter. [1998 c 311 §
15; 1973 1st ex.s. c 212 § 16.]
84.34.141 Rules and regulations. The department of
revenue of the state of Washington shall make such rules
and regulations consistent with this chapter as shall be
necessary or desirable to permit its effective administration.
[1998 c 311 § 16; 1973 1st ex.s. c 212 § 17.]
84.34.145 Advisory committee. The county legislative authority shall appoint a five member committee
representing the active farming community within the county
to serve in an advisory capacity to the assessor in implementing assessment guidelines as established by the department of revenue for the assessment of open space, farms and
agricultural lands, and timber lands classified under this
chapter. [1998 c 311 § 17; 1992 c 69 § 13; 1973 1st ex.s.
c 212 § 11.]
[Title 84 RCW—page 47]
84.34.150
Title 84 RCW: Property Taxes
84.34.150 Reclassification of land classified under
prior law which meets definition of farm and agricultural
land. Land classified under the provisions of chapter 84.34
RCW prior to July 16, 1973 which meets the criteria for
classification under this chapter, is hereby reclassified under
this chapter. This change in classification shall be made
without additional tax, applicable interest, penalty, or other
requirements, but subsequent to such reclassification, the
land shall be fully subject to this chapter. A condition
imposed by a granting authority prior to July 16, 1973, upon
land classified pursuant to RCW 84.34.020 (1) or (3) shall
remain in effect during the period of classification. [1998 c
311 § 18; 1992 c 69 § 14; 1973 1st ex.s. c 212 § 15.]
84.34.155 Reclassification of land classified as
timber land which meets definition of forest land under
chapter 84.33 RCW. Land classified under the provisions
of RCW 84.34.020 (2) or (3) which meets the definition of
forest land under the provisions of chapter 84.33 RCW, upon
request for such change made by the owner to the granting
authority, shall be reclassified by the assessor under the
provisions of chapter 84.33 RCW. This change in classification shall be made without additional tax, applicable interest,
penalty, or other requirements set forth in chapter 84.34
RCW: PROVIDED, That subsequent to such reclassification, the land shall be fully subject to the provisions of
chapter 84.33 RCW, as now or hereafter amended. [1992 c
69 § 15; 1973 1st ex.s. c 212 § 19.]
84.34.160 Information on current use classification—Publication and dissemination. The department of
revenue and each granting authority is hereby directed to
publicize the qualifications and manner of making applications for classification. Notice of the qualifications, method
of making applications, and availability of further information on current use classification shall be included with every
notice of change in valuation. [1992 c 69 § 16; 1973 1st
ex.s. c 212 § 18.]
84.34.200 Acquisition of open space, etc., land or
rights to future development by counties, cities, or
metropolitan municipal corporations—Legislative declaration—Purposes. The legislature finds that the haphazard
growth and spread of urban development is encroaching
upon, or eliminating, numerous open areas and spaces of
varied size and character, including many devoted to
agriculture, the cultivation of timber, and other productive
activities, and many others having significant recreational,
social, scenic, or esthetic values. Such areas and spaces, if
preserved and maintained in their present open state, would
constitute important assets to existing and impending urban
and metropolitan development, at the same time that they
would continue to contribute to the welfare and well-being
of the citizens of the state as a whole. The acquisition of
interests or rights in real property for the preservation of
such open spaces and areas constitutes a public purpose for
which public funds may properly be expended or advanced.
[1971 ex.s. c 243 § 1.]
84.34.210 Acquisition of open space, land, or rights
to future development by certain entities—Authority to
[Title 84 RCW—page 48]
acquire—Conveyance or lease back. Any county, city,
town, metropolitan park district, metropolitan municipal
corporation, nonprofit historic preservation corporation as
defined in RCW 64.04.130, or nonprofit nature conservancy
corporation or association, as such are defined in RCW
84.34.250, may acquire by purchase, gift, grant, bequest,
devise, lease, or otherwise, except by eminent domain, the
fee simple or any lesser interest, development right, easement, covenant, or other contractual right necessary to
protect, preserve, maintain, improve, restore, limit the future
use of, or otherwise conserve, selected open space land, farm
and agricultural land, and timber land as such are defined in
chapter 84.34 RCW for public use or enjoyment. Among
interests that may be so acquired are mineral rights. Any
county, city, town, metropolitan park district, metropolitan
municipal corporation, nonprofit historic preservation
corporation as defined in RCW 64.04.130, or nonprofit
nature conservancy corporation or association, as such are
defined in RCW 84.34.250, may acquire such property for
the purpose of conveying or leasing the property back to its
original owner or other person under such covenants or other
contractual arrangements as will limit the future use of the
property in accordance with the purposes of chapter 243,
Laws of 1971 ex. sess. [1993 c 248 § 1; 1987 c 341 § 2;
1975-’76 2nd ex.s. c 22 § 1; 1971 ex.s. c 243 § 2.]
Acquisition of interests in land for conservation, protection, preservation,
or open space purposes by certain entities: RCW 64.04.130.
Property tax exemption for conservation futures on agricultural land: RCW
84.36.500.
84.34.220 Acquisition of open space, land, or rights
to future development by certain entities—Developmental
rights—"Conservation futures"—Acquisition—
Restrictions. In accordance with the authority granted in
RCW 84.34.210, a county, city, town, metropolitan park district, metropolitan municipal corporation, nonprofit historic
preservation corporation as defined in RCW 64.04.130, or
nonprofit nature conservancy corporation or association, as
such are defined in RCW 84.34.250, may specifically purchase or otherwise acquire, except by eminent domain, rights
in perpetuity to future development of any open space land,
farm and agricultural land, and timber land which are so
designated under the provisions of chapter 84.34 RCW and
taxed at current use assessment as provided by that chapter.
For the purposes of chapter 243, Laws of 1971 ex. sess.,
such developmental rights shall be termed "conservation
futures". The private owner may retain the right to continue
any existing open space use of the land, and to develop any
other open space use, but, under the terms of purchase of
conservation futures, the county, city, town, metropolitan
park district, metropolitan municipal corporation, nonprofit
historic preservation corporation as defined in RCW
64.04.130, or nonprofit nature conservancy corporation or
association, as such are defined in RCW 84.34.250, may forbid or restrict building thereon, or may require that improvements cannot be made without county, city, town, metropolitan park district, metropolitan municipal corporation,
nonprofit historic preservation corporation as defined in
RCW 64.04.130, or nonprofit nature conservancy corporation
or association, as such are defined in RCW 84.34.250,
permission. The land may be alienated or sold and used as
formerly by the new owner, subject to the terms of the
(2002 Ed.)
Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures
agreement made by the county, city, town, metropolitan park
district, metropolitan municipal corporation, nonprofit
historic preservation corporation as defined in RCW
64.04.130, or nonprofit nature conservancy corporation or
association, as such are defined in RCW 84.34.250, with the
original owner. [1993 c 248 § 2; 1987 c 341 § 3; 1975-’76
2nd ex.s. c 22 § 2; 1971 ex.s. c 243 § 3.]
84.34.230 Acquisition of open space, etc., land or
rights to future development by counties, cities, metropolitan municipal corporations or nonprofit nature
conservancy corporation or association—Additional
property tax levy authorized. For the purpose of acquiring
conservation futures as well as other rights and interests in
real property pursuant to RCW 84.34.210 and 84.34.220, a
county may levy an amount not to exceed six and onequarter cents per thousand dollars of assessed valuation
against the assessed valuation of all taxable property within
the county. The limitations in RCW 84.52.043 shall not
apply to the tax levy authorized in this section. [1995 c 318
§ 8; 1994 c 301 § 33; 1973 1st ex.s. c 195 § 94; 1973 1st
ex.s. c 195 § 145; 1971 ex.s. c 243 § 4.]
Effective date—1995 c 318: See note following RCW 82.04.030.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
84.34.240 Acquisition of open space, etc., land or
rights to future development by counties, cities, metropolitan municipal corporations or nonprofit nature
conservancy corporation or association—Conservation
futures fund. Any board of county commissioners may
establish by resolution a special fund which may be termed
a conservation futures fund to which it may credit all taxes
levied pursuant to RCW 84.34.230. Amounts placed in this
fund may be used solely for the purpose of acquiring rights
and interests in real property pursuant to the terms of RCW
84.34.210 and 84.34.220. Nothing in this section shall be
construed as limiting in any manner methods and funds
otherwise available to a county for financing the acquisition
of such rights and interests in real property. [1971 ex.s. c
243 § 5.]
84.34.250 Nonprofit nature conservancy corporation
or association defined. As used in RCW 84.34.210, as now
or hereafter amended, and RCW 84.34.220, as now or
hereafter amended, "nonprofit nature conservancy corporation or association" means an organization which qualifies as
being tax exempt under 26 U.S.C. section 501(c) (of the
Internal Revenue Code) as it exists on June 25, 1976 and
one which has as one of its principal purposes the conducting or facilitating of scientific research; the conserving of
natural resources, including but not limited to biological
resources, for the general public; or the conserving of open
spaces, including but not limited to wildlife habitat to be
utilized as public access areas, for the use and enjoyment of
the general public. [1975-’76 2nd ex.s. c 22 § 4.]
84.34.300 Special benefit assessments for farm and
agricultural land or timber land—Legislative findings—
Purpose. The legislature finds that farming, timber production, and the related agricultural and forest industries have
(2002 Ed.)
84.34.220
historically been and currently are central factors in the
economic and social lifeblood of the state; that it is a
fundamental policy of the state to protect agricultural and
timber lands as a major natural resource in order to maintain
a source to supply a wide range of agricultural and forest
products; and that the public interest in the protection and
stimulation of farming, timber production, and the agricultural and forest industries is a basic element of enhancing the
economic viability of this state. The legislature further finds
that farm land and timber land in urbanizing areas are often
subjected to high levels of property taxation and benefit
assessment, and that such levels of taxation and assessment
encourage and even force the removal of such lands from
agricultural and forest uses. The legislature further finds that
because of this level of taxation and assessment, such farm
land and timber land in urbanizing areas are either converted
to nonagricultural and nonforest uses when significant
amounts of nearby nonagricultural and nonforest area could
be suitably used for such nonagricultural and nonforest uses,
or, much of this farm land and timber land is left in an
unused state. The legislature further finds that with the
approval by the voters of the Fifty-third Amendment to the
state Constitution, and with the enactment of chapter 84.34
RCW, the owners of farm lands and timber lands were
provided with an opportunity to have such land valued on
the basis of its current use and not its "highest and best use"
and that such current use valuation is one mechanism to
protect agricultural and timber lands. The legislature further
finds that despite this potential property tax reduction, farm
lands and timber lands in urbanized areas are still subject to
high levels of benefit assessments and continue to be
removed from farm and forest uses.
It is therefore the purpose of the legislature to establish,
with the enactment of RCW 84.34.300 through 84.34.380,
another mechanism to protect agricultural and timber land
which creates an analogous system of relief from certain
benefit assessments for farm and agricultural land and timber
land. It is the intent of the legislature that special benefit
assessments not be imposed for the availability of sanitary
and/or storm sewerage service, or domestic water service, or
for road construction and/or improvement purposes on farm
and agricultural lands and timber lands which have been
designated for current use classification as farm and agricultural lands or timber lands until such lands are withdrawn or
removed from such classification or unless such lands benefit
from or cause the need for the local improvement district.
The legislature finds, and it is the intent of RCW
84.34.300 through 84.34.380 and 84.34.922, that special
benefit assessments for the improvement or construction of
sanitary and/or storm sewerage service, or domestic water
service, or certain road construction do not generally benefit
land which has been classified as open space farm and
agricultural land or timber land under the open space act,
chapter 84.34 RCW, until such land is withdrawn from such
classification or such land is used for a more intense and
nonagricultural use, or the land is no longer used as timber
land. The purpose of RCW 84.34.300 through 84.34.380
and 84.34.922 is to provide an exemption from certain
special benefit assessments which do not benefit timber land
or open space farm and agricultural land, and to provide the
means for local governmental entities to recover such assessments in current dollar value in the event such land is no
[Title 84 RCW—page 49]
84.34.300
Title 84 RCW: Property Taxes
longer devoted to farming or timber production under
chapter 84.34 RCW. Where the owner of such land chooses
to make limited use of improvements related to special
benefit assessments, RCW 84.34.300 through 84.34.380
provides the means for the partial assessment on open space
timber and farm land to the extent the land is directly benefited by the improvement. [1992 c 52 § 14; 1979 c 84 § 1.]
84.34.310 Special benefit assessments for farm and
agricultural land or timber land—Definitions. As used in
RCW 84.34.300 through 84.34.380, unless a different meaning is required, the words defined in this section shall have
the meanings indicated.
(1) "Farm and agricultural land" shall mean the same as
defined in RCW 84.34.020(2).
(2) "Timber land" shall mean the same as defined in
RCW 84.34.020(3).
(3) "Local government" shall mean any city, town,
county, water-sewer district, public utility district, port
district, irrigation district, flood control district, or any other
municipal corporation, quasi-municipal corporation, or other
political subdivision authorized to levy special benefit assessments for sanitary and/or storm sewerage systems,
domestic water supply and/or distribution systems, or road
construction or improvement purposes.
(4) "Local improvement district" shall mean any local
improvement district, utility local improvement district, local
utility district, road improvement district, or any similar unit
created by a local government for the purpose of levying
special benefit assessments against property specially benefited by improvements relating to such districts.
(5) "Owner" shall mean the same as defined in RCW
84.34.020(5) or the applicable statutes relating to special
benefit assessments.
(6) The term "average rate of inflation" shall mean the
annual rate of inflation as determined by the department of
revenue averaged over the period of time as provided in
RCW 84.34.330 (1) and (2). Such determination shall be
published not later than January 1 of each year for use in
that assessment year.
(7) "Special benefit assessments" shall mean special
assessments levied or capable of being levied in any local
improvement district or otherwise levied or capable of being
levied by a local government to pay for all or part of the
costs of a local improvement and which may be levied only
for the special benefits to be realized by property by reason
of that local improvement. [1999 c 153 § 71; 1992 c 52 §
15; 1979 c 84 § 2.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
84.34.320 Special benefit assessments for farm and
agricultural land or timber land—Exemption from
assessment—Procedures relating to exemption—
Constructive notice of potential liability—Waiver of exemption. Any land classified as farm and agricultural land
or timber land pursuant to chapter 84.34 RCW at the earlier
of the times the legislative authority of a local government
adopts a resolution, ordinance, or legislative act (1) to create
a local improvement district, in which such land is included
or would have been included but for such classification, or
[Title 84 RCW—page 50]
(2) to approve or confirm a final special benefit assessment
roll relating to a sanitary and/or storm sewerage system,
domestic water supply and/or distribution system, or road
construction and/or improvement, which roll would have
included such land but for such classification, shall be
exempt from special benefit assessments or charges in lieu
of assessment for such purposes as long as that land remains
in such classification, except as otherwise provided in RCW
84.34.360.
Whenever a local government creates a local improvement district, the levying, collection and enforcement of
assessments shall be in the manner and subject to the same
procedures and limitations as are provided pursuant to the
law concerning the initiation and formation of local improvement districts for the particular local government. Notice of
the creation of a local improvement district that includes
farm and agricultural land or timber land shall be filed with
the county assessor and the legislative authority of the
county in which such land is located. The assessor, upon
receiving notice of the creation of such a local improvement
district, shall send a notice to the owner of the farm and
agricultural land or timber land listed on the tax rolls of the
applicable county treasurer of: (1) The creation of the local
improvement district; (2) the exemption of that land from
special benefit assessments; (3) the fact that the farm and
agricultural land or timber land may become subject to the
special benefit assessments if the owner waives the exemption by filing a notarized document with the governing body
of the local government creating the local improvement
district before the confirmation of the final special benefit
assessment roll; and (4) the potential liability, pursuant to
RCW 84.34.330, if the exemption is not waived and the land
is subsequently removed from the farm and agricultural land
or timber land status. When a local government approves
and confirms a special benefit assessment roll, from which
farm and agricultural land or timber land has been exempted
pursuant to this section, it shall file a notice of such action
with the assessor and the legislative authority of the county
in which such land is located and with the treasurer of that
local government, which notice shall describe the action
taken, the type of improvement involved, the land exempted,
and the amount of the special benefit assessment which
would have been levied against the land if it had not been
exempted. The filing of such notice with the assessor and
the treasurer of that local government shall constitute constructive notice to a purchaser or encumbrancer of the
affected land, and every person whose conveyance or
encumbrance is subsequently executed or subsequently
recorded, that such exempt land is subject to the charges
provided in RCW 84.34.330 and 84.34.340 if such land is
withdrawn or removed from its current use classification as
farm and agricultural land or timber land.
The owner of the land exempted from special benefit
assessments pursuant to this section may waive that exemption by filing a notarized document to that effect with the
legislative authority of the local government upon receiving
notice from said local government concerning the assessment
roll hearing and before the local government confirms the
final special benefit assessment roll. A copy of that waiver
shall be filed by the local government with the assessor, but
the failure of such filing shall not affect the waiver.
(2002 Ed.)
Open Space, Agricultural, Timber Lands—Current Use—Conservation Futures
Except to the extent provided in RCW 84.34.360, the
local government shall have no duty to furnish service from
the improvement financed by the special benefit assessment
to such exempted land. [1992 c 69 § 17; 1992 c 52 § 16;
1979 c 84 § 3.]
Reviser’s note: This section was amended by 1992 c 52 § 16 and by
1992 c 69 § 17, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
84.34.330 Special benefit assessments for farm and
agricultural land or timber land—Withdrawal from
classification or change in use—Liability—Amount—Due
date—Lien. Whenever farm and agricultural land or timber
land has once been exempted from special benefit assessments pursuant to RCW 84.34.320, any withdrawal from
classification or change in use from farm and agricultural
land or timber land under chapter 84.34 RCW shall result in
the following:
(1) If the bonds used to fund the improvement in the
local improvement district have not been completely retired,
such land shall immediately become liable for: (a) The
amount of the special benefit assessment listed in the notice
provided for in RCW 84.34.320; plus (b) interest on the
amount determined in (1)(a) of this section, compounded
annually at a rate equal to the average rate of inflation from
the time the initial notice is filed by the governmental entity
which created the local improvement district as provided in
RCW 84.34.320 to the time the owner withdraws such land
from the exemption category provided by this chapter; or
(2) If the bonds used to fund the improvement in the
local improvement district have been completely retired, such
land shall immediately become liable for: (a) The amount
of the special benefit assessment listed in the notice provided
for in RCW 84.34.320; plus (b) interest on the amount determined in (2)(a) of this section compounded annually at a rate
equal to the average rate of inflation from the time the initial
notice is filed by the governmental entity which created the
local improvement district as provided in RCW 84.34.320,
to the time the bonds used to fund the improvement have
been retired; plus (c) interest on the total amount determined
in (2)(a) and (b) of this section at a simple per annum rate
equal to the average rate of inflation from the time the bonds
used to fund the improvement have been retired to the time
the owner withdraws such lands from the exemption category provided by this chapter.
(3) The amount payable pursuant to this section shall
become due on the date such land is withdrawn or removed
from its current use or timber land classification and shall be
a lien on the land prior and superior to any other lien
whatsoever except for the lien for general taxes, and shall be
enforceable in the same manner as the collection of special
benefit assessments are enforced by that local government.
[1992 c 52 § 17; 1979 c 84 § 4.]
84.34.340 Special benefit assessments for farm and
agricultural land or timber land—Withdrawal or removal from classification—Notice to local government—
Statement to owner of amounts payable—Delinquency
date—Enforcement procedures. Whenever farm and
agricultural land or timber land is withdrawn or removed
from its current use classification as farm and agricultural
(2002 Ed.)
84.34.320
land or timber land, the county assessor of the county in
which such land is located shall forthwith give written notice
of such withdrawal or removal to the local government or its
successor which had filed with the assessor the notice
required by RCW 84.34.320. Upon receipt of the notice
from the assessor, the local government shall mail a written
statement to the owner of such land for the amounts payable
as provided in RCW 84.34.330. Such amounts due shall be
delinquent if not paid within one hundred and eighty days
after the date of mailing of the statement, and shall be
subject to the same interest, penalties, lien priority, and
enforcement procedures that are applicable to delinquent
assessments on the assessment roll from which that land had
been exempted, except that the rate of interest charged shall
not exceed the rate provided in RCW 84.34.330. [1992 c 52
§ 18; 1979 c 84 § 5.]
84.34.350 Special benefit assessments for farm and
agricultural land—Use of payments collected. Payments
collected pursuant to RCW 84.34.330 and 84.34.340, or by
enforcement procedures referred to therein, after the payment
of the expenses of their collection, shall first be applied to
the payment of general or special debt incurred to finance
the improvements related to the special benefit assessments,
and, if such debt is retired, then into the maintenance fund
or general fund of the governmental entity which created the
local improvement district, or its successor, for any of the
following purposes: (1) Redemption or servicing of outstanding obligations of the district; (2) maintenance expenses
of the district; or (3) construction or acquisition of any
facilities necessary to carry out the purpose of the district.
[1979 c 84 § 6.]
84.34.360 Special benefit assessments for farm and
agricultural land or timber land—Rules to implement
RCW 84.34.300 through 84.34.380. The department of
revenue shall adopt rules it shall deem necessary to implement RCW 84.34.300 through 84.34.380 which shall include,
but not be limited to, procedures to determine the extent to
which a portion of the land otherwise exempt may be subject
to a special benefit assessment for the actual connection to
the domestic water system or sewerage facilities, and further
to determine the extent to which all or a portion of such land
may be subject to a special benefit assessment for access to
the road improvement in relation to its value as farm and
agricultural land or timber land as distinguished from its
value under more intensive uses. The provision for limited
special benefit assessments shall not relieve such land from
liability for the amounts provided in RCW 84.34.330 and
84.34.340 when such land is withdrawn or removed from its
current use classification as farm and agricultural land or
timber land. [1992 c 69 § 18; 1992 c 52 § 19; 1979 c 84 §
7.]
Reviser’s note: This section was amended by 1992 c 52 § 19 and by
1992 c 69 § 18, each without reference to the other. Both amendments are
incorporated in the publication of this section pursuant to RCW 1.12.025(2).
For rule of construction, see RCW 1.12.025(1).
84.34.370 Special benefit assessments for farm and
agricultural land or timber land—Assessments due on
land withdrawn or changed. Whenever a portion of a
[Title 84 RCW—page 51]
84.34.370
Title 84 RCW: Property Taxes
parcel of land which was classified as farm and agricultural
or timber land pursuant to this chapter is withdrawn from
classification or there is a change in use, and such land has
been exempted from any benefit assessments pursuant to
RCW 84.34.320, the previously exempt benefit assessments
shall become due on only that portion of the land which is
withdrawn or changed. [1992 c 52 § 20; 1979 c 84 § 8.]
84.34.380 Special benefit assessments for farm and
agricultural land or timber land—Application of exemption to rights and interests preventing nonagricultural or
nonforest uses. Farm and agricultural land or timber land
on which the right to future development has been acquired
by any local government, the state of Washington, or the
United States government shall be exempt from special
benefit assessments in lieu of assessment for such purposes
in the same manner, and under the same liabilities for
payment and interest, as land classified under this chapter as
farm and agricultural land or timber land, for as long as such
classification applies.
Any interest, development right, easement, covenant, or
other contractual right which effectively protects, preserves,
maintains, improves, restores, prevents the future nonagricultural or nonforest use of, or otherwise conserves farm and
agricultural land or timber land shall be exempt from special
benefit assessments as long as such development right or
other such interest effectively serves to prevent nonagricultural or nonforest development of such land. [1992 c 52 §
21; 1979 c 84 § 9.]
84.34.390 Application—Chapter 79.44 RCW—
Assessments against public lands. Nothing in RCW
84.34.300 through 84.34.340 or 84.34.360 through 84.34.380
shall amend the provisions of chapter 79.44 RCW. [1992 c
52 § 25.]
84.34.900 Severability—1970 ex.s. c 87. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1970 ex.s. c 87 § 15.]
84.34.922 Severability—1979 c 84. If any provision
of this act, or its application to any person or circumstance
is held invalid, the remainder of the act, or the application of
the provision to other persons or circumstances is not
affected. [1979 c 84 § 11.]
84.34.923 Effective date—1992 c 69. This act shall
take effect January 1, 1993. [1992 c 69 § 22.]
Chapter 84.36
EXEMPTIONS
Sections
84.36.005
84.36.010
84.36.015
84.36.020
84.36.030
84.36.031
84.36.032
84.36.035
84.36.037
84.36.040
84.36.041
84.36.042
84.36.043
84.36.045
84.36.046
84.36.047
84.36.050
84.36.060
84.34.910 Effective date—1970 ex.s. c 87. The
provisions of this act shall take effect on January 1, 1971.
[1970 ex.s. c 87 § 16.]
84.34.920 Severability—1971 ex.s. c 243. If any
provision of this act, or its application to any person or
circumstance is held invalid, the remainder of the act, or the
application of the provision to other persons or circumstances is not affected. [1971 ex.s. c 243 § 9.]
84.34.921 Severability—1973 1st ex.s. c 212. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1973 1st ex.s. c 212 §
20.]
[Title 84 RCW—page 52]
84.36.070
84.36.079
84.36.080
84.36.090
84.36.100
84.36.105
84.36.110
84.36.120
84.36.130
84.36.135
84.36.210
84.36.230
84.36.240
84.36.250
Property subject to taxation.
Public, certain public-private property exempt.
Property valued at less than five hundred dollars—
Exceptions.
Cemeteries, churches, parsonages, convents, and grounds.
Property used for character building, benevolent, protective
or rehabilitative social services—Camp facilities—
Veteran or relief organization owned property—Property
of nonprofit organizations that issue debt for student
loans or that are guarantee agencies.
Property used for character building, benevolent, protective
or rehabilitative social services—Property not exempt.
Administrative offices of nonprofit religious organizations.
Nonprofit organization engaged in procuring, processing,
etc., blood, plasma or blood products.
Nonprofit organization property connected with operation of
public assembly hall or meeting place.
Nonprofit day care centers, libraries, orphanages, homes or
hospitals for the sick or infirm, outpatient dialysis facilities.
Nonprofit homes for the aging.
Nonprofit organization, corporation, or association property
used to provide housing for persons with developmental
disabilities.
Nonprofit organization property used in providing emergency or transitional housing to low-income homeless
persons or victims of domestic violence.
Nonprofit organization property available without charge for
medical research or training of medical personnel.
Nonprofit cancer clinic or center.
Nonprofit organization property used for transmission or
reception of radio or television signals originally broadcast by governmental agencies.
Schools and colleges.
Art, scientific and historical collections and property used to
maintain, etc., such collections—Property of associations
engaged in production and performance of musical,
dance, artistic, etc., works—Property to be used for
exempt purpose in future—Fire engines, implements,
and buildings of cities, towns, or fire companies—
Humane societies.
Intangible personal property—Appraisal.
Rights, title, interest, and materials of certain vessels under
construction.
Certain ships and vessels.
Exemption for other ships and vessels.
Size of vessel immaterial.
Cargo containers used in ocean commerce.
Household goods and personal effects—Three thousand
dollars actual value to head of family.
Household goods and personal effects—Definitions.
Airport property in this state for smaller airports belonging
to municipalities of adjoining states.
Real and personal property of housing finance commission.
Public right of way easements.
Interstate bridges—Reciprocity.
Soil and water conservation districts, personal property.
Water distribution property owned by nonprofit corporation
or cooperative association.
(2002 Ed.)
Exemptions
84.36.255
84.36.260
84.36.262
84.36.264
84.36.300
84.36.301
84.36.310
84.36.320
84.36.350
84.36.379
84.36.381
84.36.383
84.36.385
84.36.387
84.36.389
84.36.400
84.36.451
84.36.470
84.36.477
84.36.480
84.36.487
84.36.500
84.36.510
84.36.550
84.36.560
84.36.570
84.36.580
84.36.590
84.36.595
84.36.600
84.36.605
84.36.630
Improvements to benefit fish and wildlife habitat, water
quality, and water quantity—Cooperative assistance to
landowners—Certification of best management practice—Limitation—Landowner claim and certification.
Property, interests, etc., used for conservation of ecological
systems, natural resources, or open space—Conservation
or scientific research organizations.
Cessation of use giving rise to exemption.
Application for exemption under RCW 84.36.260, conservation of ecological systems.
Stocks of merchandise, goods, wares or material—Aircraft
parts, etc.—When eligible for exemption.
Legislative finding and declaration.
Stocks of merchandise, goods, wares or material—Claim—
Filing—Form—Signing and verifying.
Stocks of merchandise, goods, wares or material—Inspection
of books and records.
Property owned or used for sheltered workshops for handicapped.
Residences—Property tax exemption—Findings.
Residences—Property tax exemptions—Qualifications.
Residences—Definitions.
Residences—Claim for exemption—Forms—Change of
status—Publication and notice of qualifications and
manner of making claims.
Residences—Claimants—Penalty for falsification—
Reduction by remainderman.
Residences—Rules and regulations—Audits—
Confidentiality—Criminal penalty.
Improvements to single family dwellings.
Right to occupy or use certain public property, including
leasehold interests.
Agricultural products—Exemption.
Business inventories.
Nonprofit fair associations.
Air pollution control equipment in thermal electric generation facilities—Records—Payments on cessation of
operation.
Conservation futures on agricultural land.
Mobile homes in dealer’s inventory.
Nonprofit organizations—Property used for solicitation or
collection of gifts, donations, or grants.
Nonprofit organizations that provide rental housing or used
space to very low-income households.
Nonprofit organizations—Property used for agricultural
research and education programs.
Property used to reduce field burning.
Property used in connection with privatization contract at
Hanford reservation.
Motor vehicles, travel trailers, and campers.
Computer software.
Sales/leasebacks by regional transit authorities.
Farming machinery and equipment.
GENERAL PROVISIONS
84.36.800
84.36.805
84.36.810
84.36.812
84.36.813
84.36.815
84.36.820
84.36.825
84.36.830
84.36.833
(2002 Ed.)
Definitions.
Conditions for obtaining exemptions by nonprofit organizations, associations, or corporations.
Cessation of use under which exemption granted—
Collection of taxes.
Additional tax payable at time of sale—Appeal of assessed
values.
Change in use—Duty to notify county assessor—
Examination—Recommendation.
Initial application, renewal declaration for exemption—
Affidavit certifying exempt status—Exemption effective
for following year.
Application forms to be mailed to owners of exempt property—Failure to file before due date, effect.
Application, declaration fee—Waiver authorized—Late filing
penalty.
Review of applications for exemption—Procedure—
Approval or denial—Notice.
Application for exemption or renewal may include all contiguous exempt property.
Chapter 84.36
84.36.835
List of exempt properties to be prepared and furnished each
county assessor.
84.36.840 Statements—Reports—Information—Filing—Requirements.
84.36.845 Revocation of exemption approved or renewed due to inaccurate information.
84.36.850 Review—Appeals.
84.36.855 Property changing from exempt to taxable status—
Procedure.
84.36.860 Public notice of provisions of act.
84.36.865 Rules and regulations.
84.36.900 Severability—1973 2nd ex.s. c 40.
84.36.905 Effective date—Construction—1973 2nd ex.s. c 40.
Burying places: RCW 68.24.220.
Cemetery associations: RCW 68.20.110, 68.20.120.
Columbia Basin project: RCW 89.12.120.
Conservation districts: Chapter 89.08 RCW.
Consumer loan act: Chapter 31.04 RCW.
Credit unions: Chapter 31.12 RCW.
Federal agencies and instrumentalities: State Constitution Art. 7 §§ 1, 3;
Title 37 RCW.
Flood control district property: RCW 86.09.520.
Irrigation district property: RCW 87.03.260.
Local improvement trust property: RCW 35.53.010.
Olympic National Park: RCW 37.08.210.
Open space, agricultural, timber lands—Current use—Conservation futures:
Chapter 84.34 RCW.
Privilege taxes: Chapter 54.28 RCW.
Property leased to organization for agricultural fair exempt from property
taxation: RCW 15.76.165.
Public utility districts—Taxation: RCW 54.16.080.
Rainier National Park: RCW 37.08.200.
Savings and loan associations: RCW 33.28.040.
Termination of tax preferences: Chapter 43.136 RCW.
Timber and forest lands: Chapter 84.33 RCW.
84.36.005 Property subject to taxation. All property
now existing, or that is hereafter created or brought into this
state, shall be subject to assessment and taxation for state,
county, and other taxing district purposes, upon equalized
valuations thereof, fixed with reference thereto on the first
day of January at twelve o’clock meridian in each year,
excepting such as is exempted from taxation by law. [1961
c 15 § 84.36.005. Prior: 1955 c 196 § 2; prior: 1939 c 206
§ 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part;
1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131
§ 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899
c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2,
part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part;
1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 §
2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867
p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part.
Formerly RCW 84.40.010.]
84.36.010 Public, certain public-private property
exempt. All property belonging exclusively to the United
States, the state, any county or municipal corporation, all
state route number 16 corridor transportation systems and
facilities constructed under chapter 47.46 RCW, and all
property under a financing contract pursuant to chapter 39.94
RCW or recorded agreement granting immediate possession
and use to said public bodies or under an order of immediate
possession and use pursuant to RCW 8.04.090, shall be
exempt from taxation. All property belonging exclusively to
[Title 84 RCW—page 53]
84.36.010
Title 84 RCW: Property Taxes
a foreign national government shall be exempt from taxation
if such property is used exclusively as an office or residence
for a consul or other official representative of such foreign
national government, and if the consul or other official
representative is a citizen of such foreign nation. [1998 c
179 § 8; 1990 c 47 § 2; 1971 ex.s. c 260 § 1; 1969 c 34 §
1. Prior: 1967 ex.s. c 149 § 31; 1967 ex.s. c 145 § 35;
1961 c 15 § 84.36.010; prior: 1955 c 196 § 3; prior: 1939
c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1,
part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915
c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part;
1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 §
2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part;
1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 §
2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867
p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part.
Formerly RCW 84.40.010.]
Application—1998 c 179 § 8: "Section 8 of this act is effective for
taxes levied for collection in 1999 and thereafter." [1998 c 179 § 9.]
Finding—1998 c 179: See note following RCW 35.21.718.
84.36.015 Property valued at less than five hundred
dollars—Exceptions. (1) Each parcel of real property, and
each personal property account, that has an assessed value of
less than five hundred dollars is exempt from taxation.
(2) This section does not apply to personal property to
which the exemption from taxation under RCW 84.36.110(2)
may be applied or to real property which qualifies for
preferential tax treatment under this chapter or chapter 84.14,
84.26, 84.33, or 84.34 RCW. [1997 c 244 § 1.]
Effective date—1997 c 244: "This act takes effect January 1, 1999."
[1997 c 244 § 3.]
84.36.020 Cemeteries, churches, parsonages,
convents, and grounds. The following real and personal
property shall be exempt from taxation:
All lands, buildings, and personal property required for
necessary administration and maintenance, used, or to the
extent used, exclusively for public burying grounds or
cemeteries without discrimination as to race, color, national
origin or ancestry;
All churches, personal property, and the ground, not
exceeding five acres in area, upon which a church of any
nonprofit recognized religious denomination is or shall be
built, together with a parsonage, convent, and buildings and
improvements required for the maintenance and safeguarding
of such property. The area exempted shall in any case
include all ground covered by the church, parsonage,
convent, and buildings and improvements required for the
maintenance and safeguarding of such property and the
structures and ground necessary for street access, parking,
light, and ventilation, but the area of unoccupied ground
exempted in such cases, in connection with church, parsonage, convent, and buildings and improvements required for
the maintenance and safeguarding of such property, shall not
exceed the equivalent of one hundred twenty by one hundred
twenty feet except where additional unoccupied land may be
required to conform with state or local codes, zoning, or
licensing requirements. The parsonage and convent need not
be on land contiguous to the church property. To be exempt
the property must be wholly used for church purposes:
[Title 84 RCW—page 54]
PROVIDED, That the loan or rental of property otherwise
exempt under this paragraph to a nonprofit organization,
association, or corporation, or school for use for an eleemosynary activity shall not nullify the exemption provided in
this paragraph if the rental income, if any, is reasonable and
is devoted solely to the operation and maintenance of the
property. [1994 c 124 § 16; 1975 1st ex.s. c 291 § 12; 1973
2nd ex.s. c 40 § 1; 1971 ex.s. c 64 § 3; 1961 c 103 § 3;
1961 c 15 § 84.36.020. Prior: 1955 c 196 § 4; prior: 1939
c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1,
part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915
c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part;
1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 §
2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part;
1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 §
2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867
p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part.
Formerly RCW 84.40.010.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Construction—1961 c 103: See note following RCW 49.60.040.
Burial lot for particular person: RCW 68.24.220.
Nonprofit cemetery associations, certain exemptions: RCW 68.20.110,
68.20.120.
84.36.030 Property used for character building,
benevolent, protective or rehabilitative social services—
Camp facilities—Veteran or relief organization owned
property—Property of nonprofit organizations that issue
debt for student loans or that are guarantee agencies.
The following real and personal property shall be exempt
from taxation:
(1) Property owned by nonprofit organizations or
associations, organized and conducted for nonsectarian
purposes, which shall be used for character-building, benevolent, protective or rehabilitative social services directed at
persons of all ages. The sale of donated merchandise shall
not be considered a commercial use of the property under
this section if the proceeds are devoted to the furtherance of
the purposes of the selling organization or association as
specified in this paragraph.
(2) Property owned by any nonprofit church, denomination, group of churches, or an organization or association,
the membership of which is comprised solely of churches or
their qualified representatives, which is utilized as a camp
facility if used for organized and supervised recreational
activities and church purposes as related to such camp
facilities. The exemption provided by this paragraph shall
apply to a maximum of two hundred acres of any such camp
as selected by the church, including buildings and other
improvements thereon.
(3) Property, including buildings and improvements
required for the maintenance and safeguarding of such
property, owned by nonprofit organizations or associations
engaged in character building of boys and girls under
eighteen years of age, and used for such purposes and uses,
provided such purposes and uses are for the general public
good: PROVIDED, That if existing charters provide that
organizations or associations, which would otherwise qualify
under the provisions of this paragraph, serve boys and girls
up to the age of twenty-one years, then such organizations
(2002 Ed.)
Exemptions
or associations shall be deemed qualified pursuant to this
section.
(4) Property owned by all organizations and societies of
veterans of any war of the United States, recognized as such
by the department of defense, which shall have national
charters, and which shall have for their general purposes and
objects the preservation of the memories and associations
incident to their war service and the consecration of the
efforts of their members to mutual helpfulness and to
patriotic and community service to state and nation. To be
exempt such property must be used in such manner as may
be reasonably necessary to carry out the purposes and
objects of such societies.
The use of the property for pecuniary gain or to
promote business activities, except as provided in this
subsection (4), nullifies the exemption otherwise available
for the property for the assessment year. The exemption is
not nullified by:
(a) The collection of rent or donations if the amount is
reasonable and does not exceed maintenance and operation
expenses.
(b) Fund-raising activities conducted by a nonprofit
organization.
(c) The use of the property for pecuniary gain for
periods of not more than three days in a year.
(d) An inadvertent use of the property in a manner
inconsistent with the purpose for which exemption is
granted, if the inadvertent use is not part of a pattern of use.
A pattern of use is presumed when an inadvertent use is
repeated in the same assessment year or in two or more
successive assessment years.
(5) Property owned by all corporations, incorporated
under any act of congress, whose principal purposes are to
furnish volunteer aid to members of the armed forces of the
United States and also to carry on a system of national and
international relief and to apply the same in mitigating the
sufferings caused by pestilence, famine, fire, floods, and
other national calamities and to devise and carry on measures for preventing the same.
(6) Property owned by nonprofit organizations exempt
from federal income tax under section 501(c)(3) of the
internal revenue code of 1954, as amended, that are guarantee agencies under the federal guaranteed student loan
program or that issue debt to provide or acquire student
loans.
(7) To be exempt under this section, the property must
be used exclusively for the purposes for which exemption is
granted, except as provided in RCW 84.36.805. [1993 c 327
§ 2; 1990 c 283 § 6; 1987 c 433 § 2; 1984 c 220 § 1; 1983
1st ex.s. c 25 § 1; 1973 2nd ex.s. c 40 § 2. Prior: 1971
ex.s. c 292 § 70; 1971 ex.s. c 64 § 1; 1969 c 137 § 1; 1961
c 15 § 84.36.030; prior: 1955 c 196 § 5; prior: (i) 1939 c
206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1,
part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915
c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176 § 1, part;
1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 §
2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part;
1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code 1881 §
2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part; 1867
p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111, part. (ii)
1945 c 109 § 1; Rem. Supp. 1945 § 11111a.]
(2002 Ed.)
84.36.030
Construction—1990 c 283: "Sections 6 and 7 of this act shall not be
construed as modifying or affecting any other existing or future exemptions." [1990 c 283 § 8.]
Applicability—1983 1st ex.s. c 25: "This act is effective for property
taxes levied in calendar year 1983 and due and payable in calendar year
1984 and thereafter." [1983 1st ex.s. c 25 § 2.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
84.36.031 Property used for character building,
benevolent, protective or rehabilitative social services—
Property not exempt. Property leased, loaned, sold with
the option to repurchase, or otherwise made available to
organizations as set out in RCW 84.36.030 above shall not
be exempt from taxation: PROVIDED, That property which
is owned by an organization as set out in RCW 84.36.030
may loan the property to another organization for the same
purpose as set out in RCW 84.36.030. [1969 c 137 § 2.]
84.36.032 Administrative offices of nonprofit
religious organizations. The real and personal property of
the administrative offices of nonprofit recognized religious
organizations shall be exempt to the extent that the property
is used for the administration of the religious programs of
the organization and such other programs as would be
exempt under RCW 84.36.020 and 84.36.030 as now or
hereafter amended. [1975 1st ex.s. c 291 § 13.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.035 Nonprofit organization engaged in
procuring, processing, etc., blood, plasma or blood products. The following property shall be exempt from taxation:
All property, whether real or personal, belonging to or
leased by any nonprofit corporation or association and used
exclusively in the business of a blood, bone, or tissue bank
as defined in RCW 82.04.324, or in the administration of
such business. If the real or personal property is leased, the
benefit of the exemption shall inure to the nonprofit corporation or association. [1995 2nd sp.s. c 9 § 1; 1971 ex.s. c
206 § 1.]
Applicability—1995 2nd sp.s. c 9 §§ 1 and 2: "Sections 1 and 2 of
this act are effective for taxes levied for collection in 1996 and thereafter."
[1995 2nd sp.s. c 9 § 6.]
Effective date—1995 2nd sp.s. c 9: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 2nd sp.s. c 9 § 7.]
84.36.037 Nonprofit organization property connected with operation of public assembly hall or meeting
place. (1) Real or personal property owned by a nonprofit
organization, association, or corporation in connection with
the operation of a public assembly hall or meeting place is
exempt from taxation. The area exempt under this section
includes the building or buildings, the land under the
buildings, and an additional area necessary for parking, not
exceeding a total of one acre. When property for which
exemption is sought is essentially unimproved except for
restroom facilities and structures and this property has been
used primarily for annual community celebration events for
at least ten years, the exempt property shall not exceed
twenty-nine acres.
[Title 84 RCW—page 55]
84.36.037
Title 84 RCW: Property Taxes
(2) To qualify for this exemption the property must be
used exclusively for public gatherings and be available to all
organizations or persons desiring to use the property, but the
owner may impose conditions and restrictions which are
necessary for the safekeeping of the property and promote
the purposes of this exemption. Membership shall not be a
prerequisite for the use of the property.
(3) The use of the property for pecuniary gain or to
promote business activities, except as provided in this
section, nullifies the exemption otherwise available for the
property for the assessment year. The exemption is not
nullified by:
(a) The collection of rent or donations if the amount is
reasonable and does not exceed maintenance and operation
expenses created by the user.
(b) Fund-raising activities conducted by a nonprofit
organization.
(c) The use of the property for pecuniary gain or to
promote business activities for periods of not more than
seven days in a year.
(d) In a county with a population of less than ten
thousand, the use of the property to promote the following
business activities: Dance lessons, art classes, or music
lessons.
(e) An inadvertent use of the property in a manner
inconsistent with the purpose for which exemption is
granted, if the inadvertent use is not part of a pattern of use.
A pattern of use is presumed when an inadvertent use is
repeated in the same assessment year or in two or more
successive assessment years.
(4) The department of revenue shall narrowly construe
this exemption. [1998 c 311 § 19; 1998 c 189 § 1; 1997 c
298 § 1; 1993 c 327 § 1; 1987 c 505 § 80; 1981 c 141 § 2.]
Reviser’s note: This section was amended by 1998 c 189 § 1 and by
1998 c 311 § 19, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Applicability, construction—1981 c 141: See note following RCW
84.36.060.
84.36.040 Nonprofit day care centers, libraries,
orphanages, homes or hospitals for the sick or infirm,
outpatient dialysis facilities. (1) The real and personal
property used by nonprofit (a) day care centers as defined
pursuant to RCW 74.15.020; (b) free public libraries; (c)
orphanages and orphan asylums; (d) homes for the sick or
infirm; (e) hospitals for the sick; and (f) outpatient dialysis
facilities, which are used for the purposes of such organizations shall be exempt from taxation: PROVIDED, That the
benefit of the exemption inures to the user.
(2) The real and personal property leased to and used by
a hospital, owned and operated by a public hospital district
established under chapter 70.44 RCW, for hospital purposes
is exempt from taxation. The benefit of the exemption must
inure to the user.
(3) To be exempt under this section, the property must
be used exclusively for the purposes for which exemption is
granted, except as provided in RCW 84.36.805. [2001 c 126
§ 1; 1989 c 379 § 1; 1987 c 31 § 1; 1984 c 220 § 2; 1973
2nd ex.s. c 40 § 3; 1973 1st ex.s. c 154 § 119; 1969 ex.s. c
245 § 1; 1961 c 15 § 84.36.040. Prior: 1955 c 196 § 6;
prior: 1939 c 206 § 8, part; 1933 ex.s. c 19 § 1, part; 1933
[Title 84 RCW—page 56]
c 115 § 1, part; 1929 c 126 § 1, part; 1925 ex.s. c 130 § 7,
part; 1915 c 131 § 1, part; 1903 c 178 § 1, part; 1901 c 176
§ 1, part; 1899 c 141 § 2, part; 1897 c 71 §§ 1, 5, part; 1895
c 176 § 2, part; 1893 c 124 §§ 1, 5, part; 1891 c 140 §§ 1,
5, part; 1890 p 532 §§ 1, 5, part; 1886 p 47 § 1, part; Code
1881 § 2829, part; 1871 p 37 § 4, part; 1869 p 176 § 4, part;
1867 p 61 § 2, part; 1854 p 331 § 2, part; RRS § 11111,
part.]
Application—2001 c 126: "This act applies to taxes levied for
collection in 2002 and thereafter." [2001 c 126 § 5.]
Severability—1989 c 379: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 379 § 7.]
Effective date—1989 c 379: "This act shall take effect April 1, 1990,
and shall be effective for taxes levied for collection in 1991 and thereafter."
[1989 c 379 § 8.]
84.36.041 Nonprofit homes for the aging. (1) All
real and personal property used by a nonprofit home for the
aging that is reasonably necessary for the purposes of the
home is exempt from taxation if the benefit of the exemption
inures to the home and:
(a) At least fifty percent of the occupied dwelling units
in the home are occupied by eligible residents; or
(b) The home is subsidized under a federal department
of housing and urban development program. The department
of revenue shall provide by rule a definition of homes eligible for exemption under this subsection (1)(b), consistent
with the purposes of this section.
(2) All real and personal property used by a nonprofit
home for the aging that is reasonably necessary for the
purposes of the home is exempt from taxation if the benefit
of the exemption inures to the home and the construction,
rehabilitation, acquisition, or refinancing of the home is
financed under a program using bonds exempt from federal
income tax if at least seventy-five percent of the total
amount financed uses the tax exempt bonds and the financing program requires the home to reserve a percentage of all
dwelling units so financed for low-income residents. The
initial term of the exemption under this subsection shall
equal the term of the tax exempt bond used in connection
with the financing program, or the term of the requirement
to reserve dwelling units for low-income residents, whichever is shorter. If the financing program involves less than the
entire home, only those dwelling units included in the
financing program are eligible for total exemption. The
department of revenue shall provide by rule the requirements
for monitoring compliance with the provisions of this
subsection and the requirements for exemption including:
(a) The number or percentage of dwelling units required
to be occupied by low-income residents, and a definition of
low income;
(b) The type and character of the dwelling units,
whether independent units or otherwise; and
(c) Any particular requirements for continuing care
retirement communities.
(3) A home for the aging is eligible for a partial
exemption on the real property and a total exemption for the
home’s personal property if the home does not meet the
requirements of subsection (1) of this section because fewer
(2002 Ed.)
Exemptions
than fifty percent of the occupied dwelling units are occupied by eligible residents, as follows:
(a) A partial exemption shall be allowed for each
dwelling unit in a home occupied by a resident requiring
assistance with activities of daily living.
(b) A partial exemption shall be allowed for each
dwelling unit in a home occupied by an eligible resident.
(c) A partial exemption shall be allowed for an area
jointly used by a home for the aging and by a nonprofit
organization, association, or corporation currently exempt
from property taxation under one of the other provisions of
this chapter. The shared area must be reasonably necessary
for the purposes of the nonprofit organization, association, or
corporation exempt from property taxation under one of the
other provisions of this chapter, such as kitchen, dining, and
laundry areas.
(d) The amount of exemption shall be calculated by
multiplying the assessed value of the property reasonably
necessary for the purposes of the home, less the assessed
value of any area exempt under (c) of this subsection, by a
fraction. The numerator of the fraction is the number of
dwelling units occupied by eligible residents and by residents
requiring assistance with activities of daily living. The
denominator of the fraction is the total number of occupied
dwelling units as of December 31st of the first assessment
year the home becomes operational for which exemption is
claimed and January 1st of each subsequent assessment year
for which exemption is claimed.
(4) To be exempt under this section, the property must
be used exclusively for the purposes for which the exemption is granted, except as provided in RCW 84.36.805.
(5) A home for the aging is exempt from taxation only
if the organization operating the home is exempt from
income tax under section 501(c) of the federal internal
revenue code as existing on January 1, 1989, or such
subsequent date as the director may provide by rule consistent with the purposes of this section.
(6) In order for the home to be eligible for exemption
under subsections (1)(a) and (3)(b) of this section, each
eligible resident of a home for the aging shall submit an
income verification form to the county assessor by July 1st
of the assessment year for which exemption is claimed.
However, during the first year a home becomes operational,
the county assessor shall accept income verification forms
from eligible residents up to December 31st of the assessment year. The income verification form shall be prescribed
and furnished by the department of revenue. An eligible
resident who has filed a form for a previous year need not
file a new form until there is a change in status affecting the
person’s eligibility.
(7) In determining the true and fair value of a home for
the aging for purposes of the partial exemption provided by
subsection (3) of this section, the assessor shall apply the
computation method provided by RCW 84.34.060 and shall
consider only the use to which such property is applied
during the years for which such partial exemptions are
available and shall not consider potential uses of such
property.
(8) As used in this section:
(a) "Eligible resident" means a person who:
(i) Occupied the dwelling unit as a principal place of
residence as of December 31st of the first assessment year
(2002 Ed.)
84.36.041
the home becomes operational. In each subsequent year, the
eligible resident must occupy the dwelling unit as a principal
place of residence as of January 1st of the assessment year
for which the exemption is claimed. Confinement of the
person to a hospital or nursing home does not disqualify the
claim of exemption if the dwelling unit is temporarily
unoccupied or if the dwelling unit is occupied by a spouse,
a person financially dependent on the claimant for support,
or both; and
(ii) Is sixty-one years of age or older on December 31st
of the year in which the exemption claim is filed, or is, at
the time of filing, retired from regular gainful employment
by reason of physical disability. Any surviving spouse of a
person who was receiving an exemption at the time of the
person’s death shall qualify if the surviving spouse is fiftyseven years of age or older and otherwise meets the requirements of this subsection; and
(iii) Has a combined disposable income of no more than
the greater of twenty-two thousand dollars or eighty percent
of the median income adjusted for family size as most
recently determined by the federal department of housing
and urban development for the county in which the person
resides. For the purposes of determining eligibility under
this section, a "cotenant" means a person who resides with
an eligible resident and who shares personal financial
resources with the eligible resident.
(b) "Combined disposable income" means the disposable
income of the person submitting the income verification
form, plus the disposable income of his or her spouse, and
the disposable income of each cotenant occupying the
dwelling unit for the preceding calendar year, less amounts
paid by the person submitting the income verification form
or his or her spouse or cotenant during the previous year for
the treatment or care of either person received in the
dwelling unit or in a nursing home. If the person submitting
the income verification form was retired for two months or
more of the preceding year, the combined disposable income
of such person shall be calculated by multiplying the average
monthly combined disposable income of such person during
the months such person was retired by twelve. If the income
of the person submitting the income verification form is
reduced for two or more months of the preceding year by
reason of the death of the person’s spouse, the combined
disposable income of such person shall be calculated by
multiplying the average monthly combined disposable
income of such person after the death of the spouse by
twelve.
(c) "Disposable income" means adjusted gross income
as defined in the federal internal revenue code, as amended
prior to January 1, 1989, or such subsequent date as the
director may provide by rule consistent with the purpose of
this section, plus all of the following items to the extent they
are not included in or have been deducted from adjusted
gross income:
(i) Capital gains, other than gain excluded from income
under section 121 of the federal internal revenue code to the
extent it is reinvested in a new principal residence;
(ii) Amounts deducted for loss;
(iii) Amounts deducted for depreciation;
(iv) Pension and annuity receipts;
(v) Military pay and benefits other than attendant-care
and medical-aid payments;
[Title 84 RCW—page 57]
84.36.041
Title 84 RCW: Property Taxes
(vi) Veterans benefits other than attendant-care and
medical-aid payments;
(vii) Federal social security act and railroad retirement
benefits;
(viii) Dividend receipts; and
(ix) Interest received on state and municipal bonds.
(d) "Resident requiring assistance with activities of daily
living" means a person who requires significant assistance
with the activities of daily living and who would be at risk
of nursing home placement without this assistance.
(e) "Home for the aging" means a residential housing
facility that (i) provides a housing arrangement chosen
voluntarily by the resident, the resident’s guardian or conservator, or another responsible person; (ii) has only residents
who are at least sixty-one years of age or who have needs
for care generally compatible with persons who are at least
sixty-one years of age; and (iii) provides varying levels of
care and supervision, as agreed to at the time of admission
or as determined necessary at subsequent times of reappraisal.
(9) A for-profit home for the aging that converts to
nonprofit status after June 11, 1992, and would otherwise be
eligible for tax exemption under this section may not receive
the tax exemption until five years have elapsed since the
conversion. The exemption shall then be ratably granted
over the next five years. [2001 c 187 § 14. Prior: 1999 c
358 § 16; 1999 c 356 § 1; 1998 c 311 § 20; 1997 c 3 § 124
(Referendum Bill No. 47, approved November 4, 1997);
1993 c 151 § 1; 1992 c 213 § 1; 1991 sp.s. c 24 § 1; 1991
c 203 § 2; 1989 c 379 § 2.]
Application—2001 c 187: See note following RCW 84.40.020.
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Effective date—1999 c 356: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 17, 1999]." [1999 c 356 § 2.]
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Applicability—1993 c 151: "This act shall be effective for taxes
levied in 1994 for collection in 1995 and for taxes levied thereafter." [1993
c 151 § 2.]
Applicability—1992 c 213: "The combined disposable income
threshold of twenty-two thousand dollars or less contained in section 1 of
this act shall be effective for taxes levied for collection in 1993 and
thereafter." [1992 c 213 § 3.]
Severability—Effective date—1989 c 379: See notes following
RCW 84.36.040.
84.36.042 Nonprofit organization, corporation, or
association property used to provide housing for persons
with developmental disabilities. (1) All real and personal
property owned or leased by a nonprofit organization, corporation, or association to provide housing for eligible persons
with developmental disabilities is exempt from property
taxation.
(a) To qualify for this exemption, the nonprofit organization, corporation, or association must be qualified for
exemption under section 501(c)(3) of the internal revenue
code of 1986 (26 U.S.C. Sec. 501(c)(3)). It must also have
been organized for charitable purposes to create and preserve
long-term affordable housing for low-income developmentally disabled persons.
[Title 84 RCW—page 58]
(b) The housing must be occupied by eligible persons
who have a low income.
(2) As used in this section:
(a) "Developmental disability" means the same as
defined in RCW 71A.10.020;
(b) "Eligible person" means the same as defined in
RCW 71A.10.020; and
(c) "Low income" means the adjusted gross income of
the resident is at eighty percent or less of the median income
adjusted for family size, as most recently determined by the
federal department of housing and urban development for the
county in which the housing is located and in effect as of
January 1st of the assessment year for which the exemption
is sought. "Adjusted gross income" is as defined in the
federal internal revenue code of 1986, as it exists on June
11, 1998, or such subsequent date as the director may
provide by rule consistent with the purpose of this section.
(3) To be exempt under this section, the property must
be used exclusively for the purposes for which the exemption is granted, except as provided in RCW 84.36.805.
(4) If the real or personal property for which exemption
is sought is leased, the benefit of the exemption must inure
to the nonprofit organization, corporation, or association
leasing the property to provide the housing for developmentally disabled persons. [1998 c 202 § 1.]
84.36.043 Nonprofit organization property used in
providing emergency or transitional housing to lowincome homeless persons or victims of domestic violence.
(1) The real and personal property used by a nonprofit
organization in providing emergency or transitional housing
for low-income homeless persons as defined in RCW
35.21.685 or 36.32.415 or victims of domestic violence who
are homeless for personal safety reasons is exempt from
taxation if:
(a) The charge, if any, for the housing does not exceed
the actual cost of operating and maintaining the housing; and
(b)(i) The property is owned by the nonprofit organization; or
(ii) The property is rented or leased by the nonprofit
organization and the benefit of the exemption inures to the
nonprofit organization.
(2) As used in this section:
(a) "Homeless" means persons, including families, who,
on one particular day or night, do not have decent and safe
shelter nor sufficient funds to purchase or rent a place to
stay.
(b) "Emergency housing" means a project that provides
housing and supportive services to homeless persons or
families for up to sixty days.
(c) "Transitional housing" means a project that provides
housing and supportive services to homeless persons or
families for up to two years and that has as its purpose
facilitating the movement of homeless persons and families
into independent living.
(3) This exemption is subject to the administrative
provisions contained in RCW 84.36.800 through 84.36.865.
[1998 c 174 § 1; 1991 c 198 § 1; 1990 c 283 § 2; 1983 1st
ex.s. c 55 § 12.]
Effective dates—1983 1st ex.s. c 55: See note following RCW
82.08.010.
(2002 Ed.)
Exemptions
84.36.045 Nonprofit organization property available
without charge for medical research or training of
medical personnel. All real and personal property owned
or used by any nonprofit corporation or association which is
available without charge for research by, or for the training
of, doctors, nurses, laboratory technicians, hospital administrators and staff or other hospital personnel, and which
otherwise is used for medical research, the results of which
will be available without cost to the public, shall be exempt
from ad valorem taxation. If the real or personal property is
leased, the benefit of the exemption shall inure to the
nonprofit corporation or association.
To be exempt under this section, the property must be
used exclusively for the purposes for which exemption is
granted, except as provided in RCW 84.36.805. [1998 c 184
§ 1; 1984 c 220 § 3; 1975 1st ex.s. c 291 § 23.]
Application—1998 c 184: "This act applies to taxes levied for
collection in 1999 and thereafter." [1998 c 184 § 3.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.046 Nonprofit cancer clinic or center. (1) All
real or personal property owned or used by a nonprofit
organization, corporation, or association in connection with
a nonprofit cancer clinic or center shall be exempt from
taxation if all of the following conditions are met:
(a) The nonprofit cancer clinic or center must be
comprised of or have been formed by an organization,
corporation, or association qualified for exemption under
section 501(c)(3) of the internal revenue code of 1986 (26
U.S.C. Sec. 501(c)(3)), by a municipal hospital corporation,
or by both;
(b) The nonprofit organization, corporation, or association operating the nonprofit clinic or center and applying for
the exemption must be qualified for exemption under section
501(c)(3) of the internal revenue code of 1986 (26 U.S.C.
Sec. 501(c)(3)); and
(c) The property must be used primarily in connection
with the prevention, detection, and treatment of cancer,
except as provided in RCW 84.36.805.
(2)(a) As used in this section, "nonprofit cancer clinic
or center" means a medical facility operated:
(i) By a nonprofit organization, corporation, or association associated with a nonprofit hospital or group of nonprofit hospitals, by a municipal hospital corporation, or by both;
and
(ii) For the primary purpose of preventing and detecting
cancer and treating cancer patients.
(b) For the purposes of this subsection, "primary
purpose" means that at least fifty-one percent of the patients
who receive treatment at the clinic or center do so because
they have been diagnosed as having cancer. In carrying out
its primary purpose, the nonprofit cancer clinic or center
provides any combination of radiation therapy, chemotherapy, and ancillary services, directly related to the prevention,
detection, and treatment of cancer. These ancillary services
include, but are not limited to, patient screening, case
management, counseling, and access to a tumor registry.
(3) The exemption also applies to administrative offices
located within the nonprofit cancer clinic or center that are
used exclusively in conjunction with the cancer treatment
services provided by the nonprofit cancer clinic or center.
(2002 Ed.)
84.36.045
(4) If the real or personal property for which exemption
is sought is leased, the benefit of the exemption must inure
to the nonprofit cancer clinic or center. [1997 c 143 § 1.]
Applicability—1997 c 143: "This act is effective for taxes levied for
collection in 1998 and thereafter." [1997 c 143 § 5.]
84.36.047 Nonprofit organization property used for
transmission or reception of radio or television signals
originally broadcast by governmental agencies. The
following property shall be exempt from taxation:
Real and personal property owned by or leased to any
nonprofit corporation or association and, except as provided
in RCW 84.36.805, used exclusively to rebroadcast, amplify,
or otherwise facilitate the transmission and/or reception of
radio and/or television signals originally broadcast by foreign
or domestic governmental agencies for reception by the
general public: PROVIDED, That in the event such property
is leased, the benefit of the exemption shall inure to the user.
[1984 c 220 § 4; 1977 ex.s. c 348 § 1.]
Effective date—Construction—1977 ex.s. c 348: "This act is
necessary for the immediate preservation of the public peace, health and
safety, the support of the state government and its existing public institutions, shall take effect immediately and shall be effective for assessment in
1977 for taxes due and payable in 1978." [1977 ex.s. c 348 § 3.]
84.36.050 Schools and colleges. The following
property is exempt from taxation:
(1) Property owned or used for any nonprofit school or
college in this state for educational purposes or cultural or
art educational programs as defined in RCW 82.04.4328.
Real property so exempt shall not exceed four hundred acres
in extent and, except as provided in RCW 84.36.805, shall
be used exclusively for college or campus purposes including
but not limited to, buildings and grounds designed for the
educational, athletic, or social programs of the institution, the
housing of students, the housing of religious faculty, the
housing of the chief administrator, athletic buildings and all
other school or college facilities, the need for which would
be nonexistent but for the presence of the school or college
and which are principally designed to further the educational
functions of the college or schools. If the property is leased,
the benefit of the exemption must inure to the user;
(2) Real or personal property owned by a not-for-profit
foundation that is established for the exclusive support of an
institution of higher education, as defined in RCW
28B.10.016. The property is exempt if it is leased to and
used by the institution exclusively for college or campus
purposes and is principally designed to further the educational functions of the institution. The exemption is only
available for property actively utilized by currently enrolled
students. The benefit of the exemption must inure to the
user. [2001 c 126 § 2; 1984 c 220 § 5; 1973 2nd ex.s. c 40
§ 4; 1971 ex.s. c 206 § 2; 1970 ex.s. c 55 § 1; 1961 c 15 §
84.36.050. Prior: 1955 c 196 § 7; prior: 1939 c 206 § 8,
part; 1933 ex.s. c 19 § 1, part; 1933 c 115 § 1, part; 1929 c
126 § 1, part; 1925 ex.s. c 130 § 7, part; 1915 c 131 § 1,
part; 1903 c 178 § 1, part; 1901 c 176 § 1, part; 1899 c 141
§ 2, part; 1897 c 71 §§ 1, 5, part; 1895 c 176 § 2, part; 1893
c 124 §§ 1, 5, part; 1891 c 140 §§ 1, 5, part; 1890 p 532 §§
1, 5, part; 1886 p 47 § 1, part; Code 1881 § 2829, part; 1871
p 37 § 4, part; 1869 p 176 § 4, part; 1867 p 61 § 2, part;
[Title 84 RCW—page 59]
84.36.050
Title 84 RCW: Property Taxes
1854 p 331 § 2, part; RRS § 11111, part. Formerly RCW
84.40.010.]
Application—2001 c 126: See note following RCW 84.36.040.
Effective date—1970 ex.s. c 55: "The effective date of this 1970
amendatory act is July 1, 1970." [1970 ex.s. c 55 § 14.]
84.36.060 Art, scientific and historical collections
and property used to maintain, etc., such collections—
Property of associations engaged in production and
performance of musical, dance, artistic, etc., works—
Property to be used for exempt purpose in future—Fire
engines, implements, and buildings of cities, towns, or
fire companies—Humane societies. The following property
shall be exempt from taxation:
(1) All art, scientific, or historical collections of associations maintaining and exhibiting such collections for the
benefit of the general public and not for profit, together with
all real and personal property of such associations used
exclusively for the safekeeping, maintaining and exhibiting
of such collections; and all the real and personal property
owned by or leased to associations engaged in the production
and performance of musical, dance, artistic, dramatic, or
literary works for the benefit of the general public and not
for profit, which real and personal property is used exclusively for this production or performance.
(a) To receive this exemption an organization must be
organized and operated exclusively for artistic, scientific,
historical, literary, musical, dance, dramatic, or educational
purposes and receive a substantial part of its support (exclusive of income received in the exercise or performance by
such organization of its purpose or function) from the United
States or any state or any political subdivision thereof or
from direct or indirect contributions from the general public.
(b) If the property is not currently being used for an
exempt purpose but will be used for an exempt purpose
within a reasonable period of time, the nonprofit organization, association, or corporation claiming the exemption
must submit proof that a reasonably specific and active
program is being carried out to construct, remodel, or
otherwise enable the property to be used for an exempt
purpose. The property does not qualify for an exemption
during this interim period if the property is used by, loaned
to, or rented to a for-profit organization or business enterprise. Proof of a specific and active program to build or
remodel the property so it may be used for an exempt
purpose may include, but is not limited to:
(i) Affirmative action by the board of directors, trustees,
or governing body of the nonprofit organization, association,
or corporation toward an active program of construction or
remodeling;
(ii) Itemized reasons for the proposed construction or
remodeling;
(iii) Clearly established plans for financing the construction or remodeling; or
(iv) Building permits.
(c) Notwithstanding (b) of this subsection, a for-profit
limited partnership created to provide facilities for the use of
nonprofit art, scientific, or historical organizations qualifies
for the exemption under (b) of this subsection through 1997
if the for-profit limited partnership otherwise qualifies under
(b) of this subsection.
[Title 84 RCW—page 60]
(2) All fire engines and other implements used for the
extinguishment of fire, with the buildings used exclusively
for the safekeeping thereof, and for meetings of fire companies, provided such properties belong to any city or town or
to a fire company therein.
(3) Property owned by humane societies in this state in
actual use by such societies. [1995 c 306 § 1; 1981 c 141
§ 1; 1973 2nd ex.s. c 40 § 5; 1961 c 15 § 84.36.060. Prior:
1955 c 196 § 8; prior: 1939 c 206 § 8, part; 1933 ex.s. c 19
§ 1, part; 1933 c 115 § 1, part; 1929 c 126 § 1, part; 1925
ex.s. c 130 § 7, part; 1915 c 131 § 1, part; 1903 c 178 § 1,
part; 1901 c 176 § 1, part; 1899 c 141 § 2, part; 1897 c 71
§§ 1, 5, part; 1895 c 176 § 2, part; 1893 c 124 §§ 1, 5, part;
1891 c 140 §§ 1, 5, part; 1890 p 532 §§ 1, 5, part; 1886 p
47 § 1, part; Code 1881 § 2829, part; 1871 p 37 § 4, part;
1869 p 176 § 4, part; 1867 p 61 § 2, part; 1854 p 331 § 2,
part; RRS § 11111, part. Formerly RCW 84.40.010.]
Applicability—1995 c 306: "The [This] act is effective for taxes
levied for collection in 1995 and thereafter." [1995 c 306 § 2.]
Effective date—1995 c 306: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 9, 1995]." [1995 c 306 § 3.]
Applicability, construction—1981 c 141: "This act shall apply to
taxes payable in 1982 and in subsequent years and shall be strictly
construed." [1981 c 141 § 6.]
84.36.070 Intangible personal property—Appraisal.
(1) Intangible personal property is exempt from ad valorem
taxation.
(2) "Intangible personal property" means:
(a) All moneys and credits including mortgages, notes,
accounts, certificates of deposit, tax certificates, judgments,
state, county and municipal bonds and warrants and bonds
and warrants of other taxing districts, bonds of the United
States and of foreign countries or political subdivisions
thereof and the bonds, stocks, or shares of private corporations;
(b) Private nongovernmental personal service contracts,
private nongovernmental athletic or sports franchises, or
private nongovernmental athletic or sports agreements
provided that the contracts, franchises, or agreements do not
pertain to the use or possession of tangible personal or real
property or to any interest in tangible personal or real
property; and
(c) Other intangible personal property such as trademarks, trade names, brand names, patents, copyrights, trade
secrets, franchise agreements, licenses, permits, core deposits
of financial institutions, noncompete agreements, customer
lists, patient lists, favorable contracts, favorable financing
agreements, reputation, exceptional management, prestige,
good name, or integrity of a business.
(3) "Intangible personal property" does not include
zoning, location, view, geographic features, easements,
covenants, proximity to raw materials, condition of surrounding property, proximity to markets, the availability of
a skilled work force, and other characteristics or attributes of
property.
(4) This section does not preclude the use of, or permit
a departure from, generally accepted appraisal practices and
the appropriate application thereof in the valuation of real
and tangible personal property, including the appropriate
(2002 Ed.)
Exemptions
consideration of licenses, permits, and franchises granted by
a government agency that affect the use of the property.
[1997 c 181 § 1; 1974 ex.s. c 118 § 1; 1961 c 15 §
84.36.070. Prior: 1931 c 96 § 1; RRS § 11111-1. FORMER PART OF SECTION: 1925 ex.s. c 130 § 5, part, now
codified in RCW 84.04.080.]
Construction—1997 c 181: "This act shall not be construed to
amend or modify any existing statute or rule relating to the treatment of
computer software, retained rights in computer software, and golden and
master copies of computer software for property tax purposes." [1997 c 181
§ 3.]
Intent—No relation to other state’s law—1997 c 181: "Nothing in
this act is intended to incorporate and nothing in this act is based on any
other state’s statutory or case law." [1997 c 181 § 4.]
Severability—1997 c 181: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 181 § 5.]
Applicability—1997 c 181: "This act is effective for taxes levied for
collection in 1999 and thereafter." [1997 c 181 § 6.]
Report to legislature—1997 c 181: "By December 1, 2000, the
department of revenue shall submit a report to the house finance committee,
the senate ways and means committee, and the office of the governor on tax
shifts, tax losses, and any litigation resulting from this act." [1997 c 181 §
7.]
84.36.079 Rights, title, interest, and materials of
certain vessels under construction. All rights, title or
interest in or to any vessel of more than one thousand ton
burden, and the materials and parts held by the builder of the
vessel at the site of construction for the specific purpose of
incorporation therein, shall be exempt from taxation while
the vessel is under construction within this state. [1961 c 15
§ 84.36.079. Prior: 1959 c 295 § 1.]
84.36.080 Certain ships and vessels. (1) All ships
and vessels which are exempt from excise tax under RCW
82.49.020(2) and excepted from the registration requirements
of RCW 88.02.030(9) shall be and are hereby made exempt
from all ad valorem taxes, except taxes levied for any state
purpose.
(2) All ships and vessels listed in the state or federal
register of historical places are exempt from all ad valorem
taxes. [2000 c 103 § 24; 1998 c 335 § 5; 1986 c 229 § 1;
1983 2nd ex.s. c 3 § 51; 1983 c 7 § 23; 1961 c 15 §
84.36.080. Prior: 1945 c 82 § 1; 1931 c 81 § 1; Rem.
Supp. 1945 § 11111-2.]
Effective date—1998 c 335: See note following RCW 84.12.200.
Application—1986 c 229: "This act shall be effective for taxes levied
for collection in 1987, and thereafter." [1986 c 229 § 4.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
Listing of taxable ships and vessels with department of revenue: RCW
84.40.065.
Valuation of vessels—Apportionment: RCW 84.40.036.
84.36.090 Exemption for other ships and vessels.
All ships and vessels, other than those partially exempt under
RCW 84.36.080 and those described in RCW 84.36.079, are
exempt from all ad valorem taxes. [1983 c 7 § 24; 1961 c
15 § 84.36.090. Prior: 1959 c 295 § 2; 1945 c 82 § 2;
1931 c 81 § 2; Rem. Supp. 1945 § 11111-3.]
(2002 Ed.)
84.36.070
Construction—Severability—Effective dates—1983 c 7: See notes
following RCW 82.08.020.
84.36.100 Size of vessel immaterial. RCW 84.36.080
and 84.36.090 shall apply to all ships, vessels and boats,
irrespective of size, and to the taxes thereon becoming due
and payable. [1961 c 15 § 84.36.100. Prior: 1945 c 82 §
3; 1931 c 81 § 3; Rem. Supp. 1945 § 11111-4.]
84.36.105 Cargo containers used in ocean commerce. All cargo containers principally used for the
transportation of cargo by vessels in ocean commerce shall
be exempt from taxation. The term "cargo container" means
a receptacle:
(1) Of a permanent character and accordingly strong
enough to be suitable for repeated use;
(2) Specially designed to facilitate the carriage of goods,
by one or more modes of transport, one of which shall be by
vessels, without intermediate reloading;
(3) Fitted with devices permitting its ready handling,
particularly its transfer from one mode of transport to
another; and
(4) Designed to be easy to fill and empty. [1975 1st
ex.s. c 20 § 1.]
84.36.110 Household goods and personal effects—
Three thousand dollars actual value to head of family.
The following property shall be exempt from taxation:
(1) All household goods and furnishings in actual use by
the owner thereof in equipping and outfitting his or her
residence or place of abode and not for sale or commercial
use, and all personal effects held by any person for his or
her exclusive use and benefit and not for sale or commercial
use.
(2) The personal property, other than specified in
subdivision (1) hereof, of each head of a family liable to
assessment and taxation of which such individual is the
actual and bona fide owner to an amount of three thousand
dollars of actual values: PROVIDED, That this exemption
shall not apply to any private motor vehicle, or mobile
home, and: PROVIDED, FURTHER, That if the county
assessor is satisfied that all of the personal property of any
person is exempt from taxation under the provisions of this
statute or any other statute providing exemptions for personal
property, no listing of such property shall be required; but if
the personal property described in this subsection exceeds in
value the amount allowed as exempt, then a complete list of
said personal property shall be made as provided by law, and
the county assessor shall deduct the amount of the exemption
authorized by this subsection from the total amount of the
assessment and assess the remainder. [1988 c 10 § 1; 1971
ex.s. c 299 § 71; 1961 c 15 § 84.36.110. Prior: 1935 c 27
§ 1; RRS § 11111-7.]
Contingent effective date—1988 c 10: "This act shall take effect
January 1, 1989, for taxes levied for collection in 1990 and thereafter, if the
proposed amendment to Article VII, section 1 of the state Constitution
authorizing an increased personal exemption for the head of a family (HJR
4222) is validly submitted to and is approved and ratified by the voters at
a general election held in November 1988. If the proposed amendment is
not so approved and ratified, this act shall be null and void in its entirety."
[1988 c 10 § 2.] The proposed constitutional amendment was approved by
the voters on November 8, 1988.
Effective date—1971 ex.s. c 299: See RCW 82.50.901(3).
[Title 84 RCW—page 61]
84.36.110
Title 84 RCW: Property Taxes
Severability—1971 ex.s. c 299: See note following RCW 82.04.050.
84.36.120 Household goods and personal effects—
Definitions. For the purposes of RCW 84.36.110 "head of
a family" shall be construed to include a surviving spouse
not remarried, any person receiving an old age pension under
the laws of this state and any citizen of the United States,
over the age of sixty-five years, who has resided in the state
of Washington continuously for ten years.
"Personal effects" shall be construed to mean and
include such tangible property as usually and ordinarily
attends the person such as wearing apparel, jewelry, toilet
articles and the like.
"Private motor vehicle" shall be construed to mean and
include all motor vehicles used for the convenience or
pleasure of the owner and carrying a licensing classification
other than motor vehicle for hire, auto stage, auto stage
trailer, motor truck, motor truck trailer or dealers’ licenses.
"Mobile home" shall be construed to mean and include
all trailers of the type designed as facilities for human
habitation and which are capable of being moved upon the
public streets and highways and which are more than thirtyfive feet in length or more than eight feet in width. [1973
1st ex.s. c 154 § 120; 1971 ex.s. c 299 § 72; 1961 c 15 §
84.36.120. Prior: 1935 c 27 § 2; RRS § 11111-8.]
Severability—1973 1st ex.s. c 154: See note following RCW
2.12.030.
Effective date—1971 ex.s. c 299: See RCW 82.50.901(3).
Severability—1971 ex.s. c 299: See note following RCW 82.04.050.
84.36.130 Airport property in this state for smaller
airports belonging to municipalities of adjoining states.
All property, whether real or personal, belonging exclusively
to any municipal corporation in an adjoining state legally
empowered by the laws of such adjoining state to acquire
and hold property within this state, and which property is
used primarily for airport purposes and other facilities for
landing, terminals, housing, repair and care of dirigibles,
airplanes and seaplanes for the aerial transportation of persons, property or mail, or in the armed forces of the United
States, and upon which property there is expended funds by
the federal, county or state agencies, or upon which funds
are allocated by the federal government agencies on national
defense projects, is hereby exempted from ad valorem taxation. The exemption in this section applies only to airports
five hundred acres or less in size. [1998 c 201 § 1; 1961 c
15 § 84.36.130. Prior: 1941 c 13 § 1; Rem. Supp. 1941 §
11111-10.]
84.36.135 Real and personal property of housing
finance commission. The real and personal property of the
state housing finance commission established by chapter
43.180 RCW are exempt from taxation. [1983 c 161 § 26.]
Severability—Effective dates—1983 c 161: See RCW 43.180.903
and 43.180.904.
84.36.210 Public right of way easements. Whenever
the state, or any city, town, county or other municipal
corporation has obtained a written easement for a right of
way over and across any private property and the written
instrument has been placed of record in the county auditor’s
[Title 84 RCW—page 62]
office of the county in which the property is located, the
easement rights shall be exempt from taxation and exempt
from general tax foreclosure and sale for delinquent property
taxes of the property over and across which the easement
exists; and all property tax records of the county and tax
statements relating to the servient property shall show the
existence of such easement and that it is exempt from the
tax; and any notice of sale and tax deed relating to the
servient property shall show that such easement exists and is
excepted from the sale of the servient property. [1961 c 15
§ 84.36.210. Prior: 1947 c 150 § 1; Rem. Supp. 1947 §
11188-1.]
84.36.230 Interstate bridges—Reciprocity. Any
bridge, including its approaches, over rivers or bodies of
water forming interstate boundaries, which bridge has been
constructed or acquired and is being operated by any foreign
state bordering upon such common interstate boundary, or
which has been constructed or acquired and is being operated by any county, city or other municipality of such foreign
state, shall be exempt from all property and other taxes in
the state of Washington, if the foreign state exempts from all
taxation any bridge or bridges constructed or acquired and
being operated by the state of Washington or any county,
city or other municipality thereof. [1961 c 15 § 84.36.230.
Prior: 1949 c 224 § 1; Rem. Supp. 1949 § 11111-12.]
84.36.240 Soil and water conservation districts,
personal property. All personal property belonging solely
to soil and water conservation districts shall be exempt from
taxation: PROVIDED, That the exemption contained herein
shall not apply to property of any such district which
engages in contract work for persons or firms not landowners or cooperators of a district. [1963 c 179 § 1.]
84.36.250 Water distribution property owned by
nonprofit corporation or cooperative association. The
following property shall be exempt from taxation:
All property, whether real or personal belonging to any
nonprofit corporation or cooperative association and used
exclusively for the distribution of water to its shareholders
or members. [1965 ex.s. c 173 § 31.]
Effective date—1965 ex.s. c 173: See note following RCW
82.04.050.
Severability—1965 ex.s. c 173: See note following RCW 82.98.030.
84.36.255 Improvements to benefit fish and wildlife
habitat, water quality, and water quantity—Cooperative
assistance to landowners—Certification of best management practice—Limitation—Landowner claim and
certification. (1) All improvements to real and personal
property that benefit fish and wildlife habitat, water quality,
or water quantity are exempt from taxation if the improvements are included under a written conservation plan
approved by a conservation district. The conservation
districts shall cooperate with the federal natural resource
conservation service, other conservation districts, the
department of ecology, the department of fish and wildlife,
and nonprofit organizations to assist landowners by working
with them to obtain approved conservation plans so as to
qualify for the exemption provided for in this section. As
(2002 Ed.)
Exemptions
84.36.255
provided in subsection (3) of this section and RCW
89.08.440(2), a conservation district shall certify that the best
management practice benefits fish and wildlife habitat, water
quality, or water quantity. A habitat conservation plan under
the terms of the federal endangered species act shall not be
considered a conservation plan for purposes of this exemption.
(2) The exemption shall remain in effect only if improvements identified in the written best management
practices agreement are maintained as originally approved or
amended. Improvements made as a requirement to mitigate
for impacts to fish and wildlife habitat, water quality, or
water quantity are not eligible for exemption under this
section.
(3) A claim for exemption under this section may be
filed annually with the county assessor at any time during
the year for exemption from taxes levied for collection in the
following year when submitted on forms prescribed by the
department of revenue developed in consultation with the
conservation district. The landowner shall certify each year
that the improvements for which exemption is sought are
maintained as originally approved or amended in the written
conservation plan. The claim must contain the certification
by the conservation district that the improvements for which
exemption is sought were included under a written conservation plan approved by the conservation district including best
management practices that benefit fish and wildlife habitat,
water quality, or water quantity. [1997 c 295 § 2.]
scientific research purposes subject to reasonable restrictions
designed for its protection; or
(2) Such property interests shall be subject to an option,
accepted in writing by the state, a city or a county, or
department of the United States government, for the purchase thereof by the state, a city or a county, or the United
States, at a price not exceeding the lesser of the following
amounts: (a) The sum of the original purchase cost to such
nonprofit corporation or association plus interest from the
date of acquisition by such corporation or association at the
rate of six percent per annum compounded annually to the
date of the exercise of the option; or (b) the appraised value
of the property at the time of the granting of the option, as
determined by the department of revenue or when the option
is held by the United States, or by an appropriate agency
thereof. [1979 ex.s. c 193 § 1; 1975-’76 2nd ex.s. c 22 § 3;
1973 c 112 § 1; 1967 ex.s. c 149 § 43.]
Application—1997 c 295 § 2: "Section 2 of this act applies to taxes
levied for collection in 1998 and thereafter." [1997 c 295 § 4.]
Purpose—1997 c 295: "The purpose of this act is to improve fish
and wildlife habitat, water quality, and water quantity for the benefit of the
public at large. Private property owners should be encouraged to make
voluntary improvements to their property as recommended by governmental
agencies without the penalty of paying higher property taxes as a result of
those improvements." [1997 c 295 § 1.]
Additional tax payable at time of sale—Appeal of assessed values: RCW
84.36.812.
84.36.260 Property, interests, etc., used for conservation of ecological systems, natural resources, or open
space—Conservation or scientific research organizations.
All real property interests, including fee simple or any
lesser interest, development rights, easements, covenants and
conservation futures, as that latter term is defined in RCW
84.34.220 as now or hereafter amended, used exclusively for
the conservation of ecological systems, natural resources, or
open space, including park lands, held by any nonprofit
corporation or association the primary purpose of which is
the conducting or facilitating of scientific research or the
conserving of natural resources or open space for the general
public, shall be exempt from ad valorem taxation if either of
the following conditions are met:
(1) To the extent feasible considering the nature of the
property interest involved, such property interests shall be
used and effectively dedicated primarily for the purpose of
providing scientific research or educational opportunities for
the general public or the preservation of native plants or
animals, or biotic communities, or works of ancient man or
geological or geographical formations, of distinct scientific
and educational interest, and not for the pecuniary benefit of
any person or company, as defined in RCW 82.04.030, and
shall be open to the general public for educational and
(2002 Ed.)
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.36.262 Cessation of use giving rise to exemption.
Upon cessation of the use which has given rise to an
exemption hereunder, the county treasurer shall collect all
taxes which would have been paid had the property not been
exempt during the ten years preceding, or the life of such
exemption if such be less, together with interest at the same
rate and computed in the same way as that upon delinquent
property taxes. [1973 c 112 § 2.]
84.36.264 Application for exemption under RCW
84.36.260, conservation of ecological systems. Owners of
property desiring tax exempt status pursuant to the provisions of RCW 84.36.260 shall make an application for the
exemption with the department. If such property qualifies
pursuant to RCW 84.36.260(2), a copy of the option shall
also be submitted to the department. Such option shall
clearly state the purchase price pursuant to the option or the
appraisal value as determined by the department of revenue.
[1994 c 124 § 17; 1973 c 112 § 3.]
84.36.300 Stocks of merchandise, goods, wares or
material—Aircraft parts, etc.—When eligible for exemption. There shall be exempt from taxation a portion of
each separately assessed stock of merchandise, as that word
is defined in this section, owned or held by any taxpayer on
the first day of January of any year computed by first
multiplying the total amount of that stock of such merchandise, as determined in accordance with RCW 84.40.020,
by a percentage determined by dividing the amount of such
merchandise brought into this state by the taxpayer during
the preceding year for that stock by the total additions to that
stock by the taxpayer during that year, and then multiplying
the result of the latter computation by a percentage determined by dividing the total out-of-state shipments of such
merchandise by the taxpayer during the preceding year from
that stock (and regardless of whether or not any such
shipments involved a sale of, or a transfer of title to, the
merchandise within this state) by the total shipments of such
merchandise by the taxpayer during the preceding year from
[Title 84 RCW—page 63]
84.36.300
Title 84 RCW: Property Taxes
that stock. As used in this section, the word "merchandise"
means goods, wares, merchandise or material which were not
manufactured in this state by the taxpayer and which were
acquired by him (in any other manner whatsoever, including
manufacture by him outside of this state) for the purpose of
sale or shipment in substantially the same form in which
they were acquired by him within this state or were brought
into this state by him. Breaking of packages or of bulk
shipments, packaging, repackaging, labeling or relabeling
shall not be considered as a change in form within the
meaning of this section. A taxpayer who has made no
shipments of merchandise, either out-of-state or in-state,
during the preceding year, may compute the percentage to be
applied to the stock of merchandise on the basis of his
experience from March 1 of the preceding year to the last
day of February of the current year, in lieu of computing the
percentage on the basis of his experience during the preceding year. The rule of strict construction shall not apply to
this section.
All rights, title or interest in or to any aircraft parts,
equipment, furnishings, or accessories (but not engines or
major structural components) which are manufactured
outside of the state of Washington and are owned by
purchasers of the aircraft constructed, under construction or
to be constructed in the state of Washington, and are shipped
into the state of Washington for installation in or use in
connection with the operation of such aircraft shall be
exempt from taxation prior to and during construction of
such aircraft and while held in this state for periods preliminary to and during the transportation of such aircraft from
the state of Washington. [1973 c 149 § 2; 1969 ex.s. c 124
§ 1.]
Effective date—Savings—1969 ex.s. c 124: "This 1969 act shall be
effective as of January 1, 1969: PROVIDED, HOWEVER, That the repeals
contained in this act shall not be construed as affecting any existing right
acquired or any liability or obligation incurred under the provision of the
statutes repealed." [1969 ex.s. c 124 § 7.]
84.36.301 Legislative finding and declaration. The
legislature hereby finds and declares that to promote the
policy of a free and uninhibited flow of commerce as
established by federal constitutional and legislative dictate,
it is desirable to exempt from property taxation, according to
the provisions of RCW 84.36.300, certain parts and equipment coming into the state of Washington to be placed in
vehicles which are then transferred to the possession of outof-state owners. The legislature further recognizes that the
temporary existence of these parts and equipment within the
state justifies a tax exempt status which serves to encourage
the manufacture and assemblage of vehicles within the state
thereby promoting increased economic activity and jobs for
our residents. [1973 c 149 § 1.]
84.36.310 Stocks of merchandise, goods, wares or
material—Claim—Filing—Form—Signing and verifying.
Any person claiming the exemption provided for in RCW
84.36.300 shall file such claim with his listing of personal
property as provided by RCW 84.40.040. The claim shall be
in the form prescribed by the department of revenue, and
shall require such information as the department deems
necessary to substantiate the claim. The claim shall be
signed and verified by the same person and in the same
[Title 84 RCW—page 64]
manner as the listing of personal property filed pursuant to
RCW 84.40.040. [1969 ex.s. c 124 § 2.]
Effective date—Savings—1969 ex.s. c 124: See note following
RCW 84.36.300.
84.36.320 Stocks of merchandise, goods, wares or
material—Inspection of books and records. An owner or
agent filing a claim under RCW 84.36.310 shall consent to
the inspection of the books and records upon which the
claim has been based, such inspection to be similar in
manner to that provided by RCW 84.40.340, or if the owner
or agent does not maintain records within this state, the
consent shall apply to the records of a warehouse, person or
agent having custody of the inventory to which the claim
applies. Consent to the inspection of the records shall be
executed as a part of the claim. The owner, his agent, or
other person having custody of the inventory referred to
herein shall retain within this state, for a period of at least
two years from the date of the claim, the records referred to
above. If adequate records are not made available to the
assessor within the county where the claim is made, then the
exemption shall be denied. [1969 ex.s. c 124 § 3.]
Effective date—Savings—1969 ex.s. c 124: See note following
RCW 84.36.300.
84.36.350 Property owned or used for sheltered
workshops for handicapped. (1) The following property
shall be exempt from taxation:
(a) Real or personal property owned and used by a
nonprofit corporation in connection with the operation of a
sheltered workshop for handicapped persons, and used
primarily in connection with the manufacturing and the
handling, sale or distribution of goods constructed, processed, or repaired in such workshops or centers; and
(b) Inventory owned by a sheltered workshop for sale or
lease by the sheltered workshop or to be furnished under a
contract of service, including raw materials, work in process,
and finished products.
(2) Unless a different meaning is plainly required by the
context, "sheltered workshop" means a rehabilitation facility,
or that part of a rehabilitation facility operated by a nonprofit
corporation, where any manufacture or handiwork is carried
on and operated for the primary purpose of: (a) Providing
gainful employment or rehabilitation services to the handicapped as an interim step in the rehabilitation process for
those who cannot be readily absorbed in the competitive
labor market or during such time as employment opportunities for them in the competitive labor market do not exist; or
(b) providing evaluation and work adjustment services for
handicapped individuals. [1999 c 358 § 17; 1975 1st ex.s.
c 3 § 1; 1970 ex.s. c 81 § 1.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
84.36.379 Residences—Property tax exemption—
Findings. The legislature finds that the property tax
exemption authorized by Article VII, section 10 of the state
Constitution should be made available on the basis of a
retired person’s ability to pay property taxes. The legislature
further finds that the best measure of a retired person’s
ability to pay taxes is that person’s disposable income as de(2002 Ed.)
Exemptions
fined in RCW 84.36.383. [2000 c 103 § 25; 1980 c 185 §
3.]
Applicability—1980 c 185: "Except for the amendment to RCW
84.36.381(2) by this 1980 act, sections 3 through 5 of this 1980 act are
effective for property taxes due in 1982 and thereafter." [1980 c 185 § 7.]
84.36.381 Residences—Property tax exemptions—
Qualifications. A person shall be exempt from any legal
obligation to pay all or a portion of the amount of excess
and regular real property taxes due and payable in the year
following the year in which a claim is filed, and thereafter,
in accordance with the following:
(1) The property taxes must have been imposed upon a
residence which was occupied by the person claiming the
exemption as a principal place of residence as of the time of
filing: PROVIDED, That any person who sells, transfers, or
is displaced from his or her residence may transfer his or her
exemption status to a replacement residence, but no claimant
shall receive an exemption on more than one residence in
any year: PROVIDED FURTHER, That confinement of the
person to a hospital or nursing home shall not disqualify the
claim of exemption if:
(a) The residence is temporarily unoccupied;
(b) The residence is occupied by a spouse and/or a
person financially dependent on the claimant for support; or
(c) The residence is rented for the purpose of paying
nursing home or hospital costs;
(2) The person claiming the exemption must have
owned, at the time of filing, in fee, as a life estate, or by
contract purchase, the residence on which the property taxes
have been imposed or if the person claiming the exemption
lives in a cooperative housing association, corporation, or
partnership, such person must own a share therein representing the unit or portion of the structure in which he or she
resides. For purposes of this subsection, a residence owned
by a marital community or owned by cotenants shall be
deemed to be owned by each spouse or cotenant, and any
lease for life shall be deemed a life estate;
(3) The person claiming the exemption must be sixtyone years of age or older on December 31st of the year in
which the exemption claim is filed, or must have been, at the
time of filing, retired from regular gainful employment by
reason of physical disability: PROVIDED, That any
surviving spouse of a person who was receiving an exemption at the time of the person’s death shall qualify if the
surviving spouse is fifty-seven years of age or older and
otherwise meets the requirements of this section;
(4) The amount that the person shall be exempt from an
obligation to pay shall be calculated on the basis of combined disposable income, as defined in RCW 84.36.383. If
the person claiming the exemption was retired for two
months or more of the assessment year, the combined
disposable income of such person shall be calculated by multiplying the average monthly combined disposable income of
such person during the months such person was retired by
twelve. If the income of the person claiming exemption is
reduced for two or more months of the assessment year by
reason of the death of the person’s spouse, or when other
substantial changes occur in disposable income that are
likely to continue for an indefinite period of time, the
combined disposable income of such person shall be calculated by multiplying the average monthly combined dispos(2002 Ed.)
84.36.379
able income of such person after such occurrences by
twelve. If it is necessary to estimate income to comply with
this subsection, the assessor may require confirming documentation of such income prior to May 31 of the year
following application;
(5)(a) A person who otherwise qualifies under this
section and has a combined disposable income of thirty
thousand dollars or less shall be exempt from all excess
property taxes; and
(b)(i) A person who otherwise qualifies under this
section and has a combined disposable income of twentyfour thousand dollars or less but greater than eighteen
thousand dollars shall be exempt from all regular property
taxes on the greater of forty thousand dollars or thirty-five
percent of the valuation of his or her residence, but not to
exceed sixty thousand dollars of the valuation of his or her
residence; or
(ii) A person who otherwise qualifies under this section
and has a combined disposable income of eighteen thousand
dollars or less shall be exempt from all regular property
taxes on the greater of fifty thousand dollars or sixty percent
of the valuation of his or her residence; and
(6) For a person who otherwise qualifies under this
section and has a combined disposable income of thirty
thousand dollars or less, the valuation of the residence shall
be the assessed value of the residence on the later of January
1, 1995, or January 1st of the assessment year the person
first qualifies under this section. If the person subsequently
fails to qualify under this section only for one year because
of high income, this same valuation shall be used upon
requalification. If the person fails to qualify for more than
one year in succession because of high income or fails to
qualify for any other reason, the valuation upon
requalification shall be the assessed value on January 1st of
the assessment year in which the person requalifies. If the
person transfers the exemption under this section to a
different residence, the valuation of the different residence
shall be the assessed value of the different residence on
January 1st of the assessment year in which the person
transfers the exemption.
In no event may the valuation under this subsection be
greater than the true and fair value of the residence on
January 1st of the assessment year.
This subsection does not apply to subsequent improvements to the property in the year in which the improvements
are made. Subsequent improvements to the property shall be
added to the value otherwise determined under this subsection at their true and fair value in the year in which they are
made. [1998 c 333 § 1; 1996 c 146 § 1; 1995 1st sp.s. c 8
§ 1; 1994 sp.s. c 8 § 1; 1993 c 178 § 1; 1992 c 187 § 1.
Prior: 1991 c 213 § 3; 1991 c 203 § 1; 1987 c 301 § 1;
1983 1st ex.s. c 11 § 5; 1983 1st ex.s. c 11 § 2; 1980 c 185
§ 4; 1979 ex.s. c 214 § 1; 1977 ex.s. c 268 § 1; 1975 1st
ex.s. c 291 § 14; 1974 ex.s. c 182 § 1.]
Application—1998 c 333: "This act applies to taxes levied for
collection in 1999 and thereafter." [1998 c 333 § 4.]
Effective date—1996 c 146: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [March 25, 1996]." [1996 c 146 § 2.]
Effective date of 1994 sp.s. c 8—Applicability—1995 1st sp.s. c 8:
"Chapter 8, Laws of 1994 sp. sess. shall take effect July 1, 1995, and shall
[Title 84 RCW—page 65]
84.36.381
Title 84 RCW: Property Taxes
be effective for taxes levied in 1995 for collection in 1996 and thereafter."
[1995 1st sp.s. c 8 § 6.]
Application—1995 1st sp.s. c 8: "This act shall apply to taxes levied
in 1995 for collection in 1996 and thereafter." [1995 1st sp.s. c 8 § 7.]
Severability—1995 1st sp.s. c 8: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1995 1st sp.s. c 8 § 8.]
Effective date—1995 1st sp.s. c 8: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and shall take effect
July 1, 1995." [1995 1st sp.s. c 8 § 9.]
Applicability—1993 c 178: "This act shall be effective for taxes
levied for collection in 1993 and thereafter." [1993 c 178 § 2.]
Effective date—1993 c 178: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [April 30, 1993]." [1993 c 178 § 3.]
Applicability—1992 c 187: "Section 1 of this act shall be effective
for taxes levied for collection in 1992 and thereafter." [1992 c 187 § 2.]
Applicability—1991 c 213: See note following RCW 84.38.020.
Applicability—1991 c 203: "Section 1 of this act shall be effective
for taxes levied for collection in 1992 and thereafter." [1991 c 203 § 5.]
Applicability—1987 c 301: "This act shall be effective for taxes
levied for collection in 1989 and thereafter." [1987 c 301 § 2.]
Intent—1983 1st ex.s. c 11: "The legislature finds that inflation has
significant detrimental effects on the senior citizen property tax relief
program. Inflation increases incomes without increasing real buying power.
Inflation also raises the values of homes, and thus the taxes on those homes.
This act addresses the problem of inflation in two ways. First, the assessed
value exemption is tied to home value so it will increase as values rise.
Secondly, though the income of most senior citizens does not keep pace
with inflation, it is the legislature’s intent that inflationary increases in
incomes will not result in program disqualification. Therefore, the income
levels are adjusted to reflect the forecasted increase in inflation. The
legislature also recommends that similar adjustments be examined by future
legislatures." [1983 1st ex.s. c 11 § 1.]
Applicability—1983 1st ex.s. c 11: "This act applies to taxes first
due in 1984 and thereafter." [1983 1st ex.s. c 11 § 7.]
Effective dates—1983 1st ex.s. c 11: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately [May 11, 1983], except sections 5 and 6 of this act shall
take effect January 1, 1984." [1983 1st ex.s. c 11 § 8.]
Applicability—1980 c 185: See note following RCW 84.36.379.
Applicability—1979 ex.s. c 214: "The exemption created by sections
1 through 4 of this act shall be effective starting with property taxes levied
in calendar year 1979 for collection in calendar year 1980. The former
exemption created by the law amended shall continue to be effective with
respect to property taxes levied in calendar year 1978 for collection in
calendar year 1979." [1979 ex.s. c 214 § 10.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Severability—1974 ex.s. c 182: "If any provision of this 1974
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1974 ex.s. c 182 § 8.]
84.36.383 Residences—Definitions. As used in RCW
84.36.381 through 84.36.389, except where the context
clearly indicates a different meaning:
(1) The term "residence" means a single family dwelling
unit whether such unit be separate or part of a multiunit
dwelling, including the land on which such dwelling stands
not to exceed one acre. The term shall also include a share
ownership in a cooperative housing association, corporation,
or partnership if the person claiming exemption can establish
that his or her share represents the specific unit or portion of
[Title 84 RCW—page 66]
such structure in which he or she resides. The term shall
also include a single family dwelling situated upon lands the
fee of which is vested in the United States or any instrumentality thereof including an Indian tribe or in the state of
Washington, and notwithstanding the provisions of RCW
84.04.080 and 84.04.090, such a residence shall be deemed
real property.
(2) The term "real property" shall also include a mobile
home which has substantially lost its identity as a mobile
unit by virtue of its being fixed in location upon land owned
or leased by the owner of the mobile home and placed on a
foundation (posts or blocks) with fixed pipe, connections
with sewer, water, or other utilities. A mobile home located
on land leased by the owner of the mobile home is subject,
for tax billing, payment, and collection purposes, only to the
personal property provisions of chapter 84.56 RCW and
RCW 84.60.040.
(3) "Department" means the state department of revenue.
(4) "Combined disposable income" means the disposable
income of the person claiming the exemption, plus the
disposable income of his or her spouse, and the disposable
income of each cotenant occupying the residence for the
assessment year, less amounts paid by the person claiming
the exemption or his or her spouse during the assessment
year for:
(a) Drugs supplied by prescription of a medical practitioner authorized by the laws of this state or another jurisdiction to issue prescriptions; and
(b) The treatment or care of either person received in
the home or in a nursing home.
(5) "Disposable income" means adjusted gross income
as defined in the federal internal revenue code, as amended
prior to January 1, 1989, or such subsequent date as the
director may provide by rule consistent with the purpose of
this section, plus all of the following items to the extent they
are not included in or have been deducted from adjusted
gross income:
(a) Capital gains, other than gain excluded from income
under section 121 of the federal internal revenue code to the
extent it is reinvested in a new principal residence;
(b) Amounts deducted for loss;
(c) Amounts deducted for depreciation;
(d) Pension and annuity receipts;
(e) Military pay and benefits other than attendant-care
and medical-aid payments;
(f) Veterans benefits other than attendant-care and
medical-aid payments;
(g) Federal social security act and railroad retirement
benefits;
(h) Dividend receipts; and
(i) Interest received on state and municipal bonds.
(6) "Cotenant" means a person who resides with the
person claiming the exemption and who has an ownership
interest in the residence. [1999 c 358 § 18; 1995 1st sp.s. c
8 § 2; 1994 sp.s. c 8 § 2; 1991 c 213 § 4; 1991 c 219 § 1;
1989 c 379 § 6; 1987 c 155 § 2; 1985 c 395 § 3; 1983 1st
ex.s. c 11 § 4; 1980 c 185 § 5; 1979 ex.s. c 214 § 2; 1975
1st ex.s. c 291 § 15; 1974 ex.s. c 182 § 2.]
Effective date—1999 c 358 §§ 1 and 3-21: See note following RCW
82.04.3651.
Effective date of 1994 sp.s. c 8—Applicability—1995 1st sp.s. c 8:
See note following RCW 84.36.381.
(2002 Ed.)
Exemptions
84.36.383
Application—Severability—Effective date—1995 1st sp.s. c 8: See
notes following RCW 84.36.381.
Applicability—1991 c 219: "This act is effective for taxes levied for
collection in 1992 and thereafter." [1991 c 219 § 2.]
Applicability—1991 c 213: See note following RCW 84.38.020.
Severability—Effective date—1989 c 379: See notes following
RCW 84.36.040.
Intent—Applicability—Effective dates—1983 1st ex.s. c 11: See
notes following RCW 84.36.381.
Applicability—1980 c 185: See note following RCW 84.36.379.
Applicability—1979 ex.s. c 214: See note following RCW 84.36.381.
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
information shall be included on or with property tax
statements and revaluation notices for all residential property
including mobile homes, except rental properties. [2001 c
185 § 8; 1992 c 206 § 13; 1988 c 222 § 10; 1983 1st ex.s.
c 11 § 6; 1983 1st ex.s. c 11 § 3; 1979 ex.s. c 214 § 3; 1977
ex.s. c 268 § 2; 1974 ex.s. c 182 § 3.]
84.36.385 Residences—Claim for exemption—
Forms—Change of status—Publication and notice of
qualifications and manner of making claims. (1) A claim
for exemption under RCW 84.36.381 as now or hereafter
amended, shall be made and filed at any time during the
year for exemption from taxes payable the following year
and thereafter and solely upon forms as prescribed and
furnished by the department of revenue. However, an
exemption from tax under RCW 84.36.381 shall continue for
no more than four years unless a renewal application is filed
as provided in subsection (3) of this section. The county
assessor may also require, by written notice, a renewal
application following an amendment of the income requirements set forth in RCW 84.36.381. Renewal applications
shall be on forms prescribed and furnished by the department
of revenue.
(2) A person granted an exemption under RCW
84.36.381 shall inform the county assessor of any change in
status affecting the person’s entitlement to the exemption on
forms prescribed and furnished by the department of revenue.
(3) Each person exempt from taxes under RCW
84.36.381 in 1993 and thereafter, shall file with the county
assessor a renewal application not later than December 31 of
the year the assessor notifies such person of the requirement
to file the renewal application.
(4) Beginning in 1992 and in each of the three succeeding years, the county assessor shall notify approximately
one-fourth of those persons exempt from taxes under RCW
84.36.381 in the current year who have not filed a renewal
application within the previous four years, of the requirement
to file a renewal application.
(5) If the assessor finds that the applicant does not meet
the qualifications as set forth in RCW 84.36.381, as now or
hereafter amended, the claim or exemption shall be denied
but such denial shall be subject to appeal under the provisions of RCW 84.48.010(5) and in accordance with the
provisions of RCW 84.40.038. If the applicant had received
exemption in prior years based on erroneous information, the
taxes shall be collected subject to penalties as provided in
RCW 84.40.130 for a period of not to exceed three years.
(6) The department and each local assessor is hereby
directed to publicize the qualifications and manner of making
claims under RCW 84.36.381 through 84.36.389, through
communications media, including such paid advertisements
or notices as it deems appropriate. Notice of the qualifications, method of making applications, the penalties for not
reporting a change in status, and availability of further
84.36.387 Residences—Claimants—Penalty for
falsification—Reduction by remainderman. (1) All claims
for exemption shall be made and signed by the person
entitled to the exemption, by his or her attorney in fact or in
the event the residence of such person is under mortgage or
purchase contract requiring accumulation of reserves out of
which the holder of the mortgage or contract is required to
pay real estate taxes, by such holder or by the owner, either
before two witnesses or the county assessor or his deputy in
the county where the real property is located: PROVIDED,
That if a claim for exemption is made by a person living in
a cooperative housing association, corporation, or partnership, such claim shall be made and signed by the person
entitled to the exemption and by the authorized agent of such
cooperative.
(2) If the taxpayer is unable to submit his own claim,
the claim shall be submitted by a duly authorized agent or
by a guardian or other person charged with the care of the
person or property of such taxpayer.
(3) All claims for exemption and renewal applications
shall be accompanied by such documented verification of
income as shall be prescribed by rule adopted by the
department of revenue.
(4) Any person signing a false claim with the intent to
defraud or evade the payment of any tax shall be guilty of
the offense of perjury.
(5) The tax liability of a cooperative housing association, corporation, or partnership shall be reduced by the
amount of tax exemption to which a claimant residing
therein is entitled and such cooperative shall reduce any
amount owed by the claimant to the cooperative by such
exact amount of tax exemption or, if no amount be owed,
the cooperative shall make payment to the claimant of such
exact amount of exemption.
(6) A remainderman or other person who would have
otherwise paid the tax on real property that is the subject of
an exemption granted under RCW 84.36.381 for an estate for
life shall reduce the amount which would have been payable
by the life tenant to the remainderman or other person to the
extent of the exemption. If no amount is owed or separately
stated as an obligation between these persons, the remainderman or other person shall make payment to the life tenant in
the exact amount of the exemption. [1992 c 206 § 14; 1980
c 185 § 6; 1975 1st ex.s. c 291 § 16; 1974 ex.s. c 182 § 4.]
(2002 Ed.)
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Effective date—1992 c 206: See note following RCW 82.04.170.
Intent—Applicability—Effective dates—1983 1st ex.s. c 11: See
notes following RCW 84.36.381.
Applicability—1979 ex.s. c 214: See note following RCW 84.36.381.
Effective date—1992 c 206: See note following RCW 82.04.170.
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
[Title 84 RCW—page 67]
84.36.389
Title 84 RCW: Property Taxes
84.36.389 Residences—Rules and regulations—
Audits—Confidentiality—Criminal penalty. (1) The
director of the department of revenue shall adopt such rules
and regulations and prescribe such forms as may be necessary and appropriate for implementation and administration
of this chapter subject to chapter 34.05 RCW, the administrative procedure act.
(2) The department may conduct such audits of the
administration of RCW 84.36.381 through 84.36.389 and the
claims for exemption filed thereunder as it considers necessary. The powers of the department under chapter 84.08
RCW apply to these audits.
(3) Any information or facts concerning confidential
income data obtained by the assessor or the department, or
their agents or employees, under subsection (2) of this
section shall be used only to administer RCW 84.36.381
through 84.36.389. Notwithstanding any provision of law to
the contrary, absent written consent by the person about
whom the information or facts have been obtained, the confidential income data shall not be disclosed by the assessor
or the assessor’s agents or employees to anyone other than
the department or the department’s agents or employees nor
by the department or the department’s agents or employees
to anyone other than the assessor or the assessor’s agents or
employees except in a judicial proceeding pertaining to the
taxpayer’s entitlement to the tax exemption under RCW
84.36.381 through 84.36.389. Any violation of this subsection is a misdemeanor. [1979 ex.s. c 214 § 4; 1974 ex.s. c
182 § 5.]
Applicability—1979 ex.s. c 214: See note following RCW 84.36.381.
84.36.400 Improvements to single family dwellings.
Any physical improvement to single family dwellings upon
real property shall be exempt from taxation for the three
assessment years subsequent to the completion of the
improvement to the extent that the improvement represents
thirty percent or less of the value of the original structure.
A taxpayer desiring to obtain the exemption granted by this
section must file notice of his intention to construct the
improvement prior to the improvement being made on forms
prescribed by the department of revenue and furnished to the
taxpayer by the county assessor: PROVIDED, That this
exemption cannot be claimed more than once in a five-year
period.
The department of revenue shall promulgate such rules
and regulations as are necessary and convenient to properly
administer the provisions of this section. [1972 ex.s. c 125
§ 3.]
Severability—1972 ex.s. c 125: See note following RCW 84.40.045.
84.36.451 Right to occupy or use certain public
property, including leasehold interests. (1) The following
property shall be exempt from taxation: Any and all rights
to occupy or use any real or personal property owned in fee
or held in trust by:
(a) The United States, the state of Washington, or any
political subdivision or municipal corporation of the state of
Washington; or
(b) A public corporation, commission, or authority
created under RCW 35.21.730 or 35.21.660 if the property
[Title 84 RCW—page 68]
is listed on or is within a district listed on any federal or
state register of historical sites; and
(c) Including any leasehold interest arising from the
property identified in (a) and (b) of this subsection as
defined in RCW 82.29A.020.
(2) The exemption under this section shall not apply to:
(a) Any such leasehold interests which are a part of
operating properties of public utilities subject to assessment
under chapter 84.12 RCW; or
(b) Any such leasehold interest consisting of three thousand or more residential and recreational lots that are or may
be subleased for residential and recreational purposes.
(3) The exemption under this section shall not be
construed to modify the provisions of RCW 84.40.230.
[2001 c 26 § 2; 1979 ex.s. c 196 § 10; 1975-’76 2nd ex.s. c
61 § 14.]
Application—2001 c 26 §§ 2 and 3: See note following RCW
84.40.410.
Effective date—1979 ex.s. c 196: See note following RCW
82.04.240.
Effective date—Severability—1975-’76 2nd ex.s. c 61: See RCW
82.29A.900 and 82.29A.910.
Leasehold excise tax: Chapter 82.29A RCW.
84.36.470 Agricultural products—Exemption. The
following property shall be exempt from taxation: Any
agricultural product as defined in RCW 82.04.213 and grown
or produced for sale by any person upon the person’s own
lands or upon lands in which the person has a present right
of possession. Taxpayers shall not be required to report, or
assessors to list, the inventories covered by this exemption.
[1997 c 156 § 6; 1989 c 378 § 12; 1975 1st ex.s. c 291 §
17; 1974 ex.s. c 169 § 8.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Legislative intent—Review—Reports—1974 ex.s. c 169: "This 1974
act is intended to stimulate the economy of the state, and thereby to increase
the revenues of the state and its local taxing districts. The department of
revenue shall review the impact of this 1974 act upon the economy and
revenues of the state and its local taxing districts, and shall report thereon
biennially to the legislature. Recommendations for additional legislation
shall be included in such reports if such legislation is needed to assure that
the economic stimulus provided by this 1974 act is balanced by increased
revenues." [1974 ex.s. c 169 § 1.]
Severability—1974 ex.s. c 169: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1974 ex.s. c 169 § 10.]
Effective date—1974 ex.s. c 169: "This act is necessary for the
immediate preservation of the public peace, health and safety, the support
of the state government and its existing public institutions, and shall take
effect on May 10, 1974." [1974 ex.s. c 169 § 11.]
Powers of department of revenue to promulgate rules and prescribe
procedures to carry out this section: RCW 84.40.405.
84.36.477 Business inventories. (1) Business inventories are exempt from property taxation.
(2) As used in this section:
(a)(i) "Business inventories" means all livestock,
inventories of finished goods and work in process, and
personal property not under lease or rental, acquired, or produced solely for the purpose of sale or lease or for the
purpose of consuming the property in producing for sale or
(2002 Ed.)
Exemptions
lease a new article of tangible personal property of which the
property becomes an ingredient or component.
(ii) "Business inventories" also includes:
(A) All grains and flour, fruit and fruit products,
unprocessed timber, vegetables and vegetable products, and
fish and fish products, while being transported to or held in
storage in a public or private warehouse or storage area if
actually shipped to points outside the state on or before April
30th of the first year for which they would otherwise be
taxable;
(B) All finished plywood, hardboard, and particleboard
panels shipped from outside this state to any processing plant
within this state, if the panels are moving under a through
freight rate to final destination outside this state and the
carrier grants the shipper the privilege of stopping the
shipment in transit for the purpose of storing, milling, manufacturing, or other processing, while the panels are in the
process of being treated or shaped into flat component parts
to be incorporated into finished products outside this state
and for thirty days after completion of the processing or
treatment;
(C) All ore or metal shipped from outside this state to
any smelter or refining works within this state, while in
process of reduction or refinement and for thirty days after
completion of the reduction or refinement; and
(D) All metals refined by electrolytic process into
cathode or bar form while in this form and held under
negotiable warehouse receipt in a public or private warehouse recognized by an established incorporated commodity
exchange and for sale through the exchange.
(iii) "Business inventories" does not include personal
property acquired or produced for the purpose of lease or
rental if the property was leased or rented at any time during
the calendar year immediately preceding the year of assessment and was not thereafter remanufactured, nor does it
include property held within the normal course of business
for lease or rental for periods of less than thirty days.
(iv) "Business inventories" does not include agricultural
or horticultural property fully or partially exempt under
RCW 84.36.470.
(v) "Business inventories" does not include timber that
is standing on public land and that is sold under a contract
entered into after August 1, 1982;
(b) "Fish and fish products" means all fish and fish
products suitable and designed for human consumption,
excluding all others;
(c) "Fruit and fruit products" means all raw edible fruits,
berries, and hops and all processed products of fruits,
berries, or hops, suitable and designed for human consumption, while in the hands of the first processor;
(d) "Processed" means canning, barreling, bottling,
preserving, refining, freezing, packing, milling, or any other
method employed to keep any grain, fruit, vegetable, or fish
in an edible condition or to put it into more suitable or
convenient form for consuming, storing, shipping, or
marketing;
(e) "Remanufactured" means the restoration of property
to essentially its original condition, but does not mean
normal maintenance or repairs; and
(f) "Vegetables and vegetable products" means all raw
edible vegetables such as peas, beans, beets, sugar beets, and
other vegetables, and all processed products of vegetables,
(2002 Ed.)
84.36.477
suitable and designed for human consumption, while in the
hands of the first processor. [2001 c 187 § 15; 1983 1st
ex.s. c 62 § 6.]
Short title—Intent—1983 1st ex.s. c 62: "(1) This act shall be
known as the homeowner’s property tax relief act of 1983.
(2) The intent of the inventory tax phaseout was to stimulate the
economy of the state and to increase the revenues of the state and local
taxing districts by attracting new business, encouraging the expansion of
existing businesses thereby increasing economic activity and tax revenue on
noninventory property. The inventory tax phaseout will cause certain
unforeseen and heretofore unprepared for tax shifts among property owners.
(3) This act is intended to lessen the impact of the property tax shift.
Relief is provided by the following means:
(a) The state will provide fourteen million dollars over a four-year
period to lessen the impact on the most severely affected districts.
(b) Persons purchasing timber on public lands after August 1, 1982,
are required to continue to pay property tax on those timber inventories.
They will receive a credit against the timber excise tax for these property
tax payments.
(c) Local governments are granted the ability to lessen their short-term
reliance on the property tax without reducing their future ability to levy
property taxes." [1983 1st ex.s. c 62 § 1.]
Effective dates—Applicability—1983 1st ex.s. c 62: "This act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately [June 13, 1983], except sections 6
through 8 and 14 of this act which shall take effect January 1, 1984, and
shall be effective for taxes first due in 1984 and thereafter." [1983 1st ex.s.
c 62 § 15.]
Application—2001 c 187: See note following RCW 84.40.020.
Rules and regulations, procedures: RCW 84.40.405.
84.36.480 Nonprofit fair associations. The following
property shall be exempt from taxation: The real and
personal property of a nonprofit fair association that sponsors
or conducts a fair or fairs which receive support from
revenues collected pursuant to RCW 67.16.100 and allocated
by the director of the department of agriculture. To be
exempt under this section, the property must be used
exclusively for fair purposes, except as provided in RCW
84.36.805. However, the loan or rental of property otherwise exempt under this section to a private concessionaire or
to any person for use as a concession in conjunction with
activities permitted under this section shall not nullify the
exemption if the concession charges are subject to agreement
and the rental income, if any, is reasonable and is devoted
solely to the operation and maintenance of the property.
[1984 c 220 § 6; 1975 1st ex.s. c 291 § 22.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.487 Air pollution control equipment in
thermal electric generation facilities—Records—Payments
on cessation of operation. (1) Air pollution control
equipment constructed or installed after May 15, 1997, by
businesses engaged in the generation of electric energy at
thermal electric generation facilities first placed in operation
after December 31, 1969, and before July 1, 1975, shall be
exempt from property taxation. The owners shall maintain
the records in such a manner that the annual beginning and
ending asset balance of the pollution control facilities and
depreciation method can be identified.
(2) For the purposes of this section, "air pollution
control equipment" means any treatment works, control
devices and disposal systems, machinery, equipment, structures, property, property improvements, and accessories, that
[Title 84 RCW—page 69]
84.36.487
Title 84 RCW: Property Taxes
are installed or acquired for the primary purpose of reducing,
controlling, or disposing of industrial waste that, if released
to the outdoor atmosphere, could cause air pollution, or that
are required to meet regulatory requirements applicable to
their construction, installation, or operation.
(3) RCW 82.32.393 applies to this section. [1997 c 368
§ 11.]
Findings—Intent—Rules adoption—Severability—Effective date—
1997 c 368: See notes following RCW 82.08.810.
84.36.500 Conservation futures on agricultural
land. All conservation futures on agricultural lands acquired
pursuant to RCW 64.04.130 or 84.34.200 through 84.34.240,
that are held by any nonprofit corporation or association, the
primary purpose of which is conserving agricultural lands
and preventing the conversion of such lands to nonagricultural uses, shall be exempt from ad valorem taxation if:
(1) The conservation futures are of an unlimited
duration;
(2) The conservation futures are effectively restricted to
preclude nonagricultural uses on such agricultural land; and
(3) The lands are classified as farm and agricultural
lands under chapter 84.34 RCW: PROVIDED, That at such
time as these property interests are not used for the purposes
enumerated in RCW 84.34.210 and 64.04.130 the additional
tax specified in *RCW 84.34.108(3) shall be imposed.
[1984 c 131 § 11.]
*Reviser’s note: RCW 84.34.108 was amended by 1999 sp.s. c 4 §
706, changing subsection (3) to subsection (4).
84.36.510 Mobile homes in dealer’s inventory. Any
mobile home which is a part of a dealer’s inventory and held
solely for sale in the ordinary course of the dealer’s business
and is not used for any other purpose shall be exempt from
property taxation: PROVIDED, That this exemption shall
not apply to property taxes already levied or delinquent on
such mobile home at the time it becomes part of a dealer’s
inventory. [1985 c 395 § 7.]
84.36.550 Nonprofit organizations—Property used
for solicitation or collection of gifts, donations, or grants.
The real and personal property owned by nonprofit organizations and used for solicitation or collection of gifts, donations, or grants is exempt from taxation if the organization
meets all of the following conditions:
(1) The organization is organized and conducted for
nonsectarian purposes.
(2) The organization is affiliated with a state or national
organization that authorizes, approves, or sanctions volunteer
charitable fund-raising organizations.
(3) The organization is qualified for exemption under
section 501(c)(3) of the federal internal revenue code.
(4) The organization is governed by a volunteer board
of directors.
(5) The gifts, donations, and grants are used by the
organization for character-building, benevolent, protective, or
rehabilitative social services directed at persons of all ages,
or for distribution under subsection (6) of this section.
(6) The organization distributes gifts, donations, or
grants to at least five other nonprofit organizations or
associations that are organized and conducted for nonsec[Title 84 RCW—page 70]
tarian purposes and provide character-building, benevolent,
protective, or rehabilitative social services directed at persons
of all ages. [1993 c 79 § 1.]
Applicability—1993 c 79: "This act shall be effective for taxes
levied for collection in 1994 and thereafter." [1993 c 79 § 5.]
84.36.560 Nonprofit organizations that provide
rental housing or used space to very low-income households. (1) The real and personal property owned or used by
a nonprofit entity in providing rental housing for very lowincome households or used to provide space for the placement of a mobile home for a very low-income household
within a mobile home park is exempt from taxation if:
(a) The benefit of the exemption inures to the nonprofit
entity;
(b) At least seventy-five percent of the occupied
dwelling units in the rental housing or lots in a mobile home
park are occupied by a very low-income household; and
(c) The rental housing or lots in a mobile home park
were insured, financed, or assisted in whole or in part
through:
(i) A federal or state housing program administered by
the department of community, trade, and economic development; or
(ii) An affordable housing levy authorized under RCW
84.52.105.
(2) If less than seventy-five percent of the occupied
dwelling units within the rental housing or lots in the mobile
home park are occupied by very low-income households, the
rental housing or mobile home park is eligible for a partial
exemption on the real property and a total exemption of the
housing’s or park’s personal property as follows:
(a) A partial exemption shall be allowed for each
dwelling unit in the rental housing or for each lot in a
mobile home park occupied by a very low-income household.
(b) The amount of exemption shall be calculated by
multiplying the assessed value of the property reasonably
necessary to provide the rental housing or to operate the
mobile home park by a fraction. The numerator of the
fraction is the number of dwelling units or lots occupied by
very low-income households as of December 31st of the first
assessment year in which the rental housing or mobile home
park becomes operational or on January 1st of each subsequent assessment year for which the exemption is claimed.
The denominator of the fraction is the total number of
dwelling units or lots occupied as of December 31st of the
first assessment year the rental housing or mobile home park
becomes operational and January 1st of each subsequent
assessment year for which exemption is claimed.
(3) If a currently exempt rental housing unit in a facility
with ten units or fewer or mobile home lot in a mobile home
park with ten lots or fewer was occupied by a very lowincome household at the time the exemption was granted and
the income of the household subsequently rises above fifty
percent of the median income but remains at or below eighty
percent of the median income, the exemption will continue
as long as the housing continues to meet the certification
requirements of a very low-income housing program administered by the department of community, trade, and economic
development or the affordable housing levy under RCW
84.52.105. For purposes of this section, median income, as
(2002 Ed.)
Exemptions
most recently determined by the federal department of housing and urban development for the county in which the
rental housing or mobile home park is located, shall be
adjusted for family size. However, if a dwelling unit or a lot
becomes vacant and is subsequently rerented, the income of
the new household must be at or below fifty percent of the
median income adjusted for family size as most recently
determined by the federal department of housing and urban
development for the county in which the rental housing or
mobile home park is located to remain exempt from property
tax.
(4) If at the time of initial application the property is
unoccupied, or subsequent to the initial application the
property is unoccupied because of renovations, and the
property is not currently being used for the exempt purpose
authorized by this section but will be used for the exempt
purpose within two assessment years, the property shall be
eligible for a property tax exemption for the assessment year
in which the claim for exemption is submitted under the
following conditions:
(a) A commitment for financing to acquire, construct,
renovate, or otherwise convert the property to provide
housing for very low-income households has been obtained,
in whole or in part, by the nonprofit entity claiming the
exemption from:
(i) A federal or state housing program administered by
the department of community, trade, and economic development; or
(ii) An affordable housing levy authorized under RCW
84.52.105;
(b) The nonprofit entity has manifested its intent in
writing to construct, remodel, or otherwise convert the
property to housing for very low-income households; and
(c) Only the portion of property that will be used to
provide housing or lots for very low-income households shall
be exempt under this section.
(5) To be exempt under this section, the property must
be used exclusively for the purposes for which the exemption is granted, except as provided in RCW 84.36.805.
(6) The nonprofit entity qualifying for a property tax
exemption under this section may agree to make payments
to the city, county, or other political subdivision for improvements, services, and facilities furnished by the city,
county, or political subdivision for the benefit of the rental
housing. However, these payments shall not exceed the
amount last levied as the annual tax of the city, county, or
political subdivision upon the property prior to exemption.
(7) As used in this section:
(a) "Group home" means a single-family dwelling
financed, in whole or in part, by the department of community, trade, and economic development or by an affordable
housing levy under RCW 84.52.105. The residents of a
group home shall not be considered to jointly constitute a
household, but each resident shall be considered to be a
separate household occupying a separate dwelling unit. The
individual incomes of the residents shall not be aggregated
for purposes of this exemption;
(b) "Mobile home lot" or "mobile home park" means the
same as these terms are defined in RCW 59.20.030;
(c) "Occupied dwelling unit" means a living unit that is
occupied by an individual or household as of December 31st
of the first assessment year the rental housing becomes
(2002 Ed.)
84.36.560
operational or is occupied by an individual or household on
January 1st of each subsequent assessment year in which the
claim for exemption is submitted. If the housing facility is
comprised of three or fewer dwelling units and there are any
unoccupied units on January 1st, the department shall base
the amount of the exemption upon the number of occupied
dwelling units as of December 31st of the first assessment
year the rental housing becomes operational and on May 1st
of each subsequent assessment year in which the claim for
exemption is submitted;
(d) "Rental housing" means a residential housing facility
or group home that is occupied but not owned by very lowincome households;
(e) "Very low-income household" means a single
person, family, or unrelated persons living together whose
income is at or below fifty percent of the median income adjusted for family size as most recently determined by the
federal department of housing and urban development for the
county in which the rental housing is located and in effect as
of January 1st of the year the application for exemption is
submitted; and
(f) "Nonprofit entity" means a:
(i) Nonprofit as defined in RCW 84.36.800 that is
exempt from income tax under section 501(c) of the federal
internal revenue code;
(ii) Limited partnership where a nonprofit as defined in
RCW 84.36.800 that is exempt from income tax under
section 501(c) of the federal internal revenue code, a public
corporation established under RCW 35.21.660, 35.21.670, or
35.21.730, a housing authority created under RCW 35.82.030
or 35.82.300, or a housing authority meeting the definition
in RCW 35.82.210(2)(a) is a general partner; or
(iii) Limited liability company where a nonprofit as
defined in RCW 84.36.800 that is exempt from income tax
under section 501(c) of the federal internal revenue code, a
public corporation established under RCW 35.21.660,
35.21.670, or 35.21.730, a housing authority established
under RCW 35.82.030 or 35.82.300, or a housing authority
meeting the definition in RCW 35.82.210(2)(a) is a managing member. [2001 1st sp.s. c 7 § 1; 1999 c 203 § 1.]
Application—1999 c 203: "This act applies to taxes levied in 1999
for collection in 2000 and thereafter." [1999 c 203 § 4.]
84.36.570 Nonprofit organizations—Property used
for agricultural research and education programs. (1)
All real and personal property owned by a nonprofit organization, corporation, or association to provide a demonstration
farm with research and extension facilities, a public agricultural museum, and an educational tour site, which is used by
a state university for agricultural research and education
programs, is exempt from property taxation. This exemption
includes all real and personal property that may be used in
the production and sale of agricultural products, not to
exceed fifty acres, if the income is used to further the
purposes of the organization, corporation, or association.
(2) To qualify for this exemption:
(a) The nonprofit organization, corporation, or association must be qualified for exemption under section 501(c)(3)
of the internal revenue code of 1986 (26 U.S.C. Sec.
501(c)(3)); and
[Title 84 RCW—page 71]
84.36.570
Title 84 RCW: Property Taxes
(b) The property must be used exclusively for the
purposes for which the exemption is granted, except as
provided in RCW 84.36.805. [1999 c 139 § 1.]
84.36.580 Property used to reduce field burning.
(Expires January 1, 2007.) Personal property eligible for
exemption under RCW 82.08.840 or 82.12.840 is exempt
from taxation.
This section applies to taxes levied for collection in
2001 through 2006. This section expires January 1, 2007.
[2000 c 40 § 5.]
Intent—Effective date—2000 c 40: See notes following RCW
82.08.840.
84.36.590 Property used in connection with privatization contract at Hanford reservation. (1)(a) Beginning
with taxes levied for collection in calendar year 2006, all
personal property located on land owned by the United
States, or an instrumentality of the United States, at the
Hanford reservation that is used exclusively in the performance of a privatization contract to pretreat, treat, vitrify,
and immobilize tank waste under subsection (2) of this
section is exempt from taxation.
(b) Beginning with taxes levied for collection in
calendar year 2002, and until the application of (a) of this
subsection, all personal property located on land owned by
the United States, or an instrumentality of the United States,
at the Hanford reservation that is used exclusively in the
performance of a privatization contract to pretreat, treat,
vitrify, and immobilize tank waste under subsection (3) of
this section is exempt from taxes levied by the state.
(2) To qualify for the exemption provided in subsection
(1)(a) of this section, the personal property must be owned
by a person that has a privatization contract to pretreat, treat,
vitrify, and immobilize tank waste located at the Hanford
reservation. For the purposes of this section, a privatization
contract means a contract in which the United States, or an
instrumentality of the United States, has designated the other
contracting party as a party responsible for carrying out tank
waste clean-up operations at the Hanford reservation.
(3) To qualify for the exemption provided in subsection
(1)(b) of this section, the personal property must be owned
by a person that has, and complies with, a privatization
contract to pretreat, treat, vitrify, and immobilize tank waste
located at the Hanford reservation. The personal property
must be acquired or constructed, and operated, in compliance
with the tank waste treatment complex requirements of the
Hanford federal facility agreement and consent order,
including schedules for tank waste treatment complex start
of construction, initiation of hot commissioning, and schedules for tank waste pretreatment processing and vitrification.
The privatization contractor shall submit annually, on or
before August 1st, a progress report to the Washington state
department of ecology documenting compliance with the
requirements of the agreement and consent order and the
terms of the privatization contract. The department of ecology shall annually issue, on or before October 1st, a determination to the department of revenue indicating whether the
privatization contractor is in compliance with the requirements of the agreement and consent order.
[Title 84 RCW—page 72]
(4) An inadvertent use of property, which otherwise
qualifies for an exemption under this section, in a manner
inconsistent with the purpose for which the exemption is
granted, does not nullify the exemption if the inadvertent use
is not part of a pattern of use. A pattern of use is presumed
when an inadvertent use is repeated in the same assessment
year or in two or more successive assessment years. [2000
c 246 § 1.]
Effective date—2000 c 246: "This act takes effect January 1, 2001."
[2000 c 246 § 2.]
84.36.595 Motor vehicles, travel trailers, and
campers. (1) For the purposes of this section, the following
definitions apply:
(a) "Motor vehicle" means all motor vehicles, trailers,
and semitrailers used, or of the type designed primarily to be
used, upon the public streets and highways, for the convenience or pleasure of the owner, or for the conveyance, for
hire or otherwise, of persons or property, including fixed
loads and facilities for human habitation; but shall not
include (i) vehicles carrying exempt licenses; (ii) dock and
warehouse tractors and their cars or trailers, lumber carriers
of the type known as spiders, and all other automotive
equipment not designed primarily for use upon public streets
or highways; (iii) motor vehicles or their trailers used
entirely upon private property; (iv) mobile homes as defined
in RCW 46.04.302; or (v) motor vehicles owned by nonresident military personnel of the armed forces of the United
States stationed in the state of Washington, provided personnel were also nonresident at the time of their entry into
military service.
(b) "Travel trailer" has the meaning given in RCW
46.04.623. However, if a park trailer, as defined in RCW
46.04.622, has substantially lost its identity as a mobile unit
by virtue of its being permanently sited in location and
placed on a foundation of either posts or blocks with
connections with sewer, water, or other utilities for the
operation of installed fixtures and appliances, it will be
considered real property and will be subject to ad valorem
property taxation imposed in accordance with this title,
including the provisions with respect to omitted property,
except that a park trailer located on land not owned by the
owner of the park trailer will be subject to the personal
property provisions of chapter 84.56 RCW and RCW
84.60.040.
(c) "Camper" has the meaning given in RCW 46.04.085.
(2) Motor vehicles, travel trailers, and campers are
exempt from property taxation. [2000 c 136 § 1.]
Effective date—2000 c 136: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 27, 2000]." [2000 c 136 § 2.]
Retroactive application—2000 c 136: "This act applies retroactively
to January 1, 2000." [2000 c 136 § 3.]
84.36.600 Computer software. (1) All custom
computer software, except embedded software, is exempt
from property taxation.
(2) Retained rights in computer software are exempt
from property taxation.
(2002 Ed.)
Exemptions
(3) Modifications to canned software are exempt from
property taxation, but the underlying canned software
remains subject to taxation as provided in RCW 84.40.037.
(4) Master or golden copies of computer software are
exempt from property taxation. [1991 sp.s. c 29 § 3.]
Findings, intent—Severability—Application—1991 sp.s. c 29: See
notes following RCW 84.04.150.
84.36.605 Sales/leasebacks by regional transit
authorities. All real and personal property subject to a
sale/leaseback agreement under RCW 81.112.300 is exempt
from taxation. [2000 2nd sp.s. c 4 § 27.]
Findings—Construction—2000 2nd sp.s. c 4 §§ 18-30: See notes
following RCW 81.112.300.
84.36.630 Farming machinery and equipment. (1)
All machinery and equipment owned by a farmer that is
personal property is exempt from property taxes levied for
any state purpose if it is used exclusively in growing and
producing agricultural products during the calendar year for
which the claim for exemption is made.
(2) "Farmer" has the same meaning as defined in RCW
82.04.213.
(3) A claim for exemption under this section shall be
filed with the county assessor together with the verified
statement required under RCW 84.40.190, for exemption
from taxes payable the following year. The claim shall be
made solely upon forms as prescribed and furnished by the
department of revenue. [2001 2nd sp.s. c 24 § 1.]
Application—2001 2nd sp.s. c 24: "This act applies to taxes levied
for collection in 2003 and every year thereafter." [2001 2nd sp.s. c 24 § 3.]
GENERAL PROVISIONS
84.36.800 Definitions. As used in this chapter:
(1) "Church purposes" means the use of real and
personal property owned by a nonprofit religious organization for religious worship or related administrative, educational, eleemosynary, and social activities. This definition is
to be broadly construed;
(2) "Convent" means a house or set of buildings
occupied by a community of clergy or nuns devoted to
religious life under a superior;
(3) "Hospital" means any portion of a hospital building,
or other buildings in connection therewith, used as a residence for persons engaged or employed in the operation of
a hospital, or operated as a portion of the hospital unit;
(4) "Nonprofit" means an organization, association or
corporation no part of the income of which is paid directly
or indirectly to its members, stockholders, officers, directors
or trustees except in the form of services rendered by the
organization, association, or corporation in accordance with
its purposes and bylaws and the salary or compensation paid
to officers of such organization, association or corporation is
for actual services rendered and compares to the salary or
compensation of like positions within the public services of
the state;
(5) "Parsonage" means a residence occupied by a
member of the clergy who has been designated for a particular congregation and who holds regular services therefor.
[1998 c 311 § 24; 1998 c 202 § 2. Prior: 1997 c 156 § 7;
(2002 Ed.)
84.36.600
1997 c 143 § 2; 1994 c 124 § 18; 1993 c 79 § 2; 1989 c 379
§ 3; 1981 c 141 § 3; 1973 2nd ex.s. c 40 § 6.]
Applicability—1997 c 143: See note following RCW 84.36.046.
Applicability—1993 c 79: See note following RCW 84.36.550.
Severability—Effective date—1989 c 379: See notes following
RCW 84.36.040.
Applicability, construction—1981 c 141: See note following RCW
84.36.060.
84.36.805 Conditions for obtaining exemptions by
nonprofit organizations, associations, or corporations. (1)
In order to qualify for an exemption under this chapter and
RCW 84.36.560, the nonprofit organizations, associations, or
corporations must satisfy the conditions in this section.
(2) The property must be used exclusively for the actual
operation of the activity for which exemption is granted,
unless otherwise provided, and does not exceed an amount
reasonably necessary for that purpose, except:
(a) The loan or rental of the property does not subject
the property to tax if:
(i) The rents and donations received for the use of the
portion of the property are reasonable and do not exceed the
maintenance and operation expenses attributable to the
portion of the property loaned or rented; and
(ii) Except for the exemptions under RCW 84.36.030(4)
and 84.36.037, the property would be exempt from tax if
owned by the organization to which it is loaned or rented;
(b) The use of the property for fund-raising activities
does not subject the property to tax if the fund-raising
activities are consistent with the purposes for which the
exemption is granted.
(3) The property must be irrevocably dedicated to the
purpose for which exemption has been granted, and on the
liquidation, dissolution, or abandonment by said organization,
association, or corporation, said property will not inure
directly or indirectly to the benefit of any shareholder or
individual, except a nonprofit organization, association, or
corporation which too would be entitled to property tax
exemption. This property need not be irrevocably dedicated
if it is leased or rented to those qualified for exemption
under this chapter or RCW 84.36.560 for leased property,
but only if under the terms of the lease or rental agreement
the nonprofit organization, association, or corporation
receives the benefit of the exemption.
(4) The facilities and services must be available to all
regardless of race, color, national origin or ancestry.
(5) The organization, association, or corporation must be
duly licensed or certified where such licensing or certification is required by law or regulation.
(6) Property sold to organizations, associations, or
corporations with an option to be repurchased by the seller
shall not qualify for exempt status. This subsection does not
apply to property sold to a nonprofit entity, as defined in
RCW 84.36.560(7), by:
(a) A nonprofit as defined in RCW 84.36.800 that is
exempt from income tax under section 501(c) of the federal
internal revenue code;
(b) A governmental entity established under RCW
35.21.660, 35.21.670, or 35.21.730;
(c) A housing authority created under RCW 35.82.030;
(d) A housing authority meeting the definition in RCW
35.82.210(2)(a); or
[Title 84 RCW—page 73]
84.36.805
Title 84 RCW: Property Taxes
(e) A housing authority established under RCW
35.82.300.
(7) The department shall have access to its books in
order to determine whether the nonprofit organization,
association, or corporation is exempt from taxes under this
chapter and RCW 84.36.560.
(8) This section does not apply to exemptions granted
under RCW 84.36.020, 84.36.032, 84.36.250, and 84.36.260.
[2001 1st sp.s. c 7 § 2. Prior: 1999 c 203 § 2; 1999 c 139
§ 3; prior: 1998 c 311 § 25; 1998 c 202 § 3; 1998 c 184 §
2; prior: 1997 c 156 § 8; 1997 c 143 § 3; 1995 2nd sp.s. c
9 § 2; 1993 c 79 § 3; prior: 1990 c 283 §§ 3 and 7; 1989
c 379 § 4; 1987 c 468 § 1; 1984 c 220 § 7; 1981 c 141 § 4;
1973 2nd ex.s. c 40 § 7.]
Application—1999 c 203: See note following RCW 84.36.560.
Application—1998 c 184: See note following RCW 84.36.045.
Applicability—1997 c 143: See note following RCW 84.36.046.
Applicability—1995 2nd sp.s. c 9 §§ 1 and 2: See note following
RCW 84.36.035.
Effective date—1995 2nd sp.s. c 9: See note following RCW
84.36.035.
Applicability—1993 c 79: See note following RCW 84.36.550.
Construction—1990 c 283: See note following RCW 84.36.030.
Severability—Effective date—1989 c 379: See notes following
RCW 84.36.040.
Applicability—1987 c 468: "This act shall be effective for taxes
levied for collection in 1988 and thereafter." [1987 c 468 § 3.]
Applicability, construction—1981 c 141: See note following RCW
84.36.060.
84.36.810 Cessation of use under which exemption
granted—Collection of taxes. (1)(a) Upon cessation of a
use under which an exemption has been granted pursuant to
RCW 84.36.030, 84.36.037, 84.36.040, 84.36.041, 84.36.042,
84.36.043, 84.36.046, 84.36.050, 84.36.060, 84.36.550,
84.36.560, and 84.36.570, except as provided in (b) of this
subsection, the county treasurer shall collect all taxes which
would have been paid had the property not been exempt
during the three years preceding, or the life of such exemption, if such be less, together with the interest at the same
rate and computed in the same way as that upon delinquent
property taxes. If the property has been granted an exemption for more than ten consecutive years, taxes and interest
shall not be assessed under this section.
(b) Upon cessation of use by an institution of higher
education of property exempt under RCW 84.36.050(2) the
county treasurer shall collect all taxes which would have
been paid had the property not been exempt during the seven
years preceding, or the life of the exemption, whichever is
less.
(2) Subsection (1) of this section applies only when
ownership of the property is transferred or when fifty-one
percent or more of the area of the property loses its exempt
status. The additional tax under subsection (1) of this section shall not be imposed if the cessation of use resulted
solely from:
(a) Transfer to a nonprofit organization, association, or
corporation for a use which also qualifies and is granted
exemption under this chapter;
(b) A taking through the exercise of the power of
eminent domain, or sale or transfer to an entity having the
[Title 84 RCW—page 74]
power of eminent domain in anticipation of the exercise of
such power;
(c) Official action by an agency of the state of Washington or by the county or city within which the property is
located which disallows the present use of such property;
(d) A natural disaster such as a flood, windstorm, earthquake, or other such calamity rather than by virtue of the act
of the organization, association, or corporation changing the
use of such property;
(e) Relocation of the activity and use of another location
or site except for undeveloped properties of camp facilities
exempted under RCW 84.36.030;
(f) Cancellation of a lease on leased property that had
been exempt under this chapter or RCW 84.36.560; or
(g) A change in the exempt portion of a home for the
aging under RCW 84.36.041(3), as long as some portion of
the home remains exempt.
(3) Subsections (2)(e) and (f) of this section do not
apply to property leased to a state institution of higher
education and exempt under RCW 84.36.050(2). [2001 c
126 § 3. Prior: 1999 c 203 § 3; 1999 c 139 § 4; prior:
1998 c 311 § 26; 1998 c 202 § 4; prior: 1997 c 156 § 9;
1997 c 143 § 4; 1994 c 124 § 19; 1993 c 79 § 4; 1990 c 283
§ 4; 1989 c 379 § 5; 1987 c 468 § 2; 1984 c 220 § 8; 1983
c 185 § 1; 1981 c 141 § 5; 1977 ex.s. c 209 § 1; 1973 2nd
ex.s. c 40 § 8.]
Application—2001 c 126: See note following RCW 84.36.040.
Application—1999 c 203: See note following RCW 84.36.560.
Applicability—1997 c 143: See note following RCW 84.36.046.
Applicability—1993 c 79: See note following RCW 84.36.550.
Severability—Effective date—1989 c 379: See notes following
RCW 84.36.040.
Applicability—1987 c 468: See note following RCW 84.36.805.
Applicability, construction—1981 c 141: See note following RCW
84.36.060.
84.36.812 Additional tax payable at time of sale—
Appeal of assessed values. All additional taxes imposed
under RCW 84.36.262 or 84.36.810 shall become due and
payable by the seller or transferor at the time of sale. The
county auditor shall not accept an instrument of conveyance
unless the additional tax has been paid or the department of
revenue has determined that the property is not subject to
RCW 84.36.262 or 84.36.810. The seller, the transferor, or
the new owner may appeal the assessed values upon which
the additional tax is based to the county board of equalization in accordance with the provisions of RCW 84.40.038.
[2001 c 185 § 9; 1984 c 220 § 9.]
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
84.36.813 Change in use—Duty to notify county
assessor—Examination—Recommendation. An exempt
property owner shall notify the department of revenue of any
change of use prior to each assessment year. Any other
person believing that a change in the use of exempt property
has occurred shall report same to the county assessor, who
shall examine the property and if the use is not in compliance with chapter 84.36 RCW he shall report the information
to the department with a recommendation that the exempt
(2002 Ed.)
Exemptions
status be canceled. The final determination shall be made by
the department. [1977 ex.s. c 209 § 3.]
84.36.815 Initial application, renewal declaration
for exemption—Affidavit certifying exempt status—
Exemption effective for following year. In order to qualify
for exempt status for any real or personal property under this
chapter except personal property under RCW 84.36.600, all
foreign national governments; cemeteries; nongovernmental
nonprofit corporations, organizations, and associations;
hospitals owned and operated by a public hospital district for
purposes of exemption under RCW 84.36.040(2); and soil
and water conservation districts shall file an initial application on or before March 31 with the state department of
revenue. All applications shall be filed on forms prescribed
by the department and shall be signed by an authorized agent
of the applicant.
In order to requalify for exempt status, all applicants
except nonprofit cemeteries shall file an annual renewal
declaration on or before March 31 each year. The renewal
declaration shall be on forms prescribed by the department
of revenue and shall contain an affidavit certifying the
exempt status of the real or personal property owned by the
exempt organization. When an organization acquires real
property qualified for exemption or converts real property to
exempt status, such organization shall file an initial application for the property within sixty days following the acquisition or conversion. If the application is filed after the
expiration of the sixty-day period a late filing penalty shall
be imposed pursuant to RCW 84.36.825, as now or hereafter
amended.
When organizations acquire real property qualified for
exemption or convert real property to an exempt use, the
property, upon approval of the application for exemption, is
entitled to a property tax exemption for property taxes due
and payable the following year. If the owner has paid taxes
for the year following the year the property qualified for
exemption, the owner is entitled to a refund of the amount
paid on the property so acquired or converted. [2001 c 126
§ 4; 1998 c 311 § 27; 1994 c 123 § 1; 1991 sp.s. c 29 § 6;
1988 c 131 § 1; 1984 c 220 § 10; 1975 1st ex.s. c 291 § 18;
1973 2nd ex.s. c 40 § 9.]
Application—2001 c 126: See note following RCW 84.36.040.
Applicability—1994 c 123: "This act shall be effective for taxes
levied for collection in 1995 and thereafter." [1994 c 123 § 5.]
Findings, intent—Severability—Application—1991 sp.s. c 29: See
notes following RCW 84.04.150.
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.820 Application forms to be mailed to owners
of exempt property—Failure to file before due date,
effect. On or before January 1 of each year, the department
of revenue shall mail application forms to owners of record
of property exempted from property taxation at their last
known address who must file annually for continued exemption. The department of revenue shall notify the assessor of
the county in which the property is located who shall remove
the tax exemption from any property if an application has
not been approved for exemption: PROVIDED, That failure
to file and subsequent removal of exemption shall not be
subject to review as provided in RCW 84.36.850: PROVID(2002 Ed.)
84.36.813
ED FURTHER, That the department of revenue shall review
applications received after the March 31 due date, but such
applications shall be subject to late filing penalties provided
in RCW 84.36.825 as now or hereafter amended. [1984 c
220 § 11; 1975-’76 2nd ex.s. c 127 § 1; 1973 2nd ex.s. c 40
§ 10.]
84.36.825 Application, declaration fee—Waiver
authorized—Late filing penalty. An application fee of
thirty-five dollars for each initial application and eight dollars and seventy-five cents for each annual renewal declaration shall be required and shall be deposited within the
general fund. The department of revenue may waive the
application or declaration fee related to the property of any
church or cemetery applying for exemption under the
provisions of RCW 84.36.020 whose gross receipts related
to the use of such property for exempt purposes did not
exceed two thousand five hundred dollars during the calendar year preceding the application year. A late filing penalty
of ten dollars per month for each month an application or
declaration is past due shall be required and shall be deposited in the general fund. [1998 c 311 § 28; 1994 c 123 § 2;
1977 ex.s. c 209 § 2; 1975-’76 2nd ex.s. c 127 § 2; 1975 1st
ex.s. c 291 § 19; 1973 2nd ex.s. c 40 § 11.]
Applicability—1994 c 123: See note following RCW 84.36.815.
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.830 Review of applications for exemption—
Procedure—Approval or denial—Notice. The department
of revenue shall review each application for exemption and
make a determination thereon prior to August 1st of the
assessment year for which such application is made:
PROVIDED, That each exemption application received after
March 31 shall be reviewed and determination made thereon
within thirty days of the date received or by August 1,
whichever is later. The department of revenue may request
such additional relevant information as it deems necessary.
The department of revenue shall make a physical inspection
of the property and satisfy itself as to the use of all parcels
prior to approving or denying the application, and thereafter
at regular intervals designed to insure compliance with this
chapter. When the department of revenue has examined the
application and the subject property, it shall either approve
or deny the request and clearly state the reasons for denial
in written notification by mail to the applicant. The department shall also notify the assessor of the county in which the
property is located. The county assessor shall place such
property on the assessment roll for the current year. [1998
c 310 § 1; 1984 c 220 § 12; 1975-’76 2nd ex.s. c 127 § 3;
1973 2nd ex.s. c 40 § 12.]
Effective date—1998 c 310: "This act takes effect January 1, 1999."
[1998 c 310 § 2.]
84.36.833 Application for exemption or renewal
may include all contiguous exempt property. Each
application for property tax exemption, or renewal thereof,
may include all the real and personal property eligible for
exempt status under any of the sections of chapter 84.36
RCW which are contiguous and part of a homogenous unit.
Properties separated by public streets and roads shall be
[Title 84 RCW—page 75]
84.36.833
Title 84 RCW: Property Taxes
considered to be contiguous for purposes of this section.
[1975-’76 2nd ex.s. c 127 § 4.]
84.36.835 List of exempt properties to be prepared
and furnished each county assessor. On or before August
31st, the department of revenue shall prepare a list by county
of those properties exempted by the department under this
chapter and shall forward a list to each county assessor of
the property exempt in that county. [1998 c 311 § 29; 1973
2nd ex.s. c 40 § 13.]
84.36.840 Statements—Reports—Information—
Filing—Requirements. In order to determine whether organizations, associations, corporations or institutions except
those exempted under RCW 84.36.020 and 84.36.030 are
exempt from taxes within the intent of this chapter, and
before the exemption shall be allowed for any year, the
superintendent or manager or other proper officer of the
organization, association, corporation or institution claiming
exemption from taxation shall file, with the department of
revenue on forms furnished by the director, a signed statement made under oath that the income and the receipts
thereof, including donations to it, have been applied to the
actual expenses of operating and maintaining it, or for its
capital expenditures, and to no other purpose. Such forms
shall also include a statement of the receipts and disbursements of said organization: PROVIDED, That institutions
claiming exemption under RCW 84.36.050 shall file in addition a list of all property claimed to be exempt, the purpose
for which it is used, the revenue derived from it for the
preceding year, the use to which such revenue was applied,
the number of students in attendance at the school or college,
the total revenues of the institution with the source from
which they were derived, and the purposes to which such
revenues were applied, giving the items of such revenues
and expenditures in detail.
Such report shall be submitted on or before April 1st
following the close of the accounting period for the fiscal
year ended during the previous calendar year. The department of revenue shall remove the tax exemption from the
property and assets of any organization, association, corporation, or institution which does not file such report with the
department of revenue on or before the due date: PROVIDED, That the department of revenue shall allow a reasonable
extension of time for filing upon written request filed on or
before the required filing date and for good cause shown
therein. [1973 2nd ex.s. c 40 § 14.]
84.36.845 Revocation of exemption approved or
renewed due to inaccurate information. If subsequent to
the time that the exemption of any property is initially
approved or renewed, it shall be determined that such
exemption was approved or renewed as the result of inaccurate information provided by the authorized agent of the
applicant, the exemption shall be revoked and taxes shall be
levied against such property pursuant to the provisions of
RCW 84.36.810. [1973 2nd ex.s. c 40 § 15.]
to review an application for either real or personal property
tax exemption and the board shall consider any appeals to
determine (1) if the property is entitled to an exemption, and
(2) the amount or portion thereof.
A county assessor of the county in which the exempted
property is located shall be empowered to appeal to the state
board of tax appeals to review any real or personal property
tax exemption approved by the department of revenue which
he feels is not warranted.
Appeals from a department of revenue decision must be
made within thirty days after the mailing of the approval or
denial. [1989 c 378 § 13; 1973 2nd ex.s. c 40 § 16.]
Effective date—1989 c 378 § 13: "Section 13 of this act shall take
effect January 1, 1990." [1989 c 378 § 41.]
84.36.855 Property changing from exempt to
taxable status—Procedure. Property which changes from
exempt to taxable status shall be subject to the provisions of
RCW 84.36.810 and 84.40.350 through 84.40.390, and the
assessor shall also place the property on the assessment roll
for taxes due and payable in the following year. [1973 2nd
ex.s. c 40 § 17.]
84.36.860 Public notice of provisions of act. Each
county assessor and the director of the department of
revenue shall each issue public notice of the provisions of
chapter 40, Laws of 1973 2nd ex. sess. in such a manner as
will give constructive notice to all taxpayers of that county
or of the state, as the case may be, prior to the first year in
which an application for exemption is required by RCW
84.36.815 through 84.36.845. [1973 2nd ex.s. c 40 § 18.]
84.36.865 Rules and regulations. The department of
revenue of the state of Washington shall make such rules
and regulations consistent with chapter 34.05 RCW and the
provisions of this chapter as shall be necessary or desirable
to permit its effective administration. [1975 1st ex.s. c 291
§ 20; 1973 2nd ex.s. c 40 § 19.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
84.36.900 Severability—1973 2nd ex.s. c 40. If any
provision of this 1973 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1973 2nd ex.s. c 40 § 22.]
84.36.905 Effective date—Construction—1973 2nd
ex.s. c 40. This 1973 amendatory act is necessary for the
immediate preservation of the public peace, health and
safety, the support of the state government and its existing
public institutions, shall take effect immediately and shall be
effective for assessment in 1973 for taxes due and payable
in 1974. [1973 2nd ex.s. c 40 § 23.]
84.36.850 Review—Appeals. Any applicant aggrieved by the department of revenue’s denial of an exemption application may petition the state board of tax appeals
[Title 84 RCW—page 76]
(2002 Ed.)
Deferral of Special Assessments and/or Property Taxes
Chapter 84.38
DEFERRAL OF SPECIAL ASSESSMENTS AND/OR
PROPERTY TAXES
Sections
84.38.010
84.38.020
84.38.030
84.38.040
84.38.050
84.38.060
84.38.070
84.38.080
84.38.090
84.38.100
84.38.110
84.38.120
84.38.130
84.38.140
84.38.150
84.38.160
84.38.170
84.38.180
84.38.900
84.38.910
Legislative finding and purpose.
Definitions.
Conditions and qualifications for claiming deferral.
Declaration to defer special assessments and/or real property
taxes—Filing—Contents—Appeal.
Renewal of deferral—Forms—Notice to renew—Limitation
upon special assessment deferral amount.
Declaration of deferral by agent, guardian, etc.
Ceasing to reside permanently on property subject to deferral declaration.
Right to deferral not reduced by contract or agreement.
Procedure where residence under mortgage or purchase
contract.
Lien of state, mortgage or purchase contract holder—
Priority—Amount—Interest.
Duties of county assessor.
Payments to local improvement or taxing districts.
When deferred assessments or taxes become payable.
Collection of deferred assessments or taxes.
Election to continue deferral by surviving spouse.
Payment of part or all of deferred taxes authorized.
Collection of personal property taxes not affected.
Forms—Rules and regulations.
Severability—1975 1st ex.s. c 291.
Effective dates—1975 1st ex.s. c 291.
84.38.010 Legislative finding and purpose. Savings
once deemed adequate for retirement living have been
rendered inadequate by increased tax rates, increased property values, and the failure of pension systems to adequately
reflect such factors. It is therefore deemed necessary that
the legislature, in addition to that tax exemption as provided
for in RCW 84.36.381 through 84.36.389 as now or hereafter
amended, allow retired persons to defer payment of special
assessments on their residences, and to defer their real
property tax obligations on their residences, an amount of up
to eighty percent of their equity in said property. This
deferral program is intended to assist retired persons in
maintaining their dignity and a reasonable standard of living
by residing in their own homes, providing for their own
needs, and managing their own affairs without requiring
assistance from public welfare programs. [1975 1st ex.s. c
291 § 26.]
84.38.020 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as hereinafter used in this chapter shall have the
following meanings:
(1) "Claimant" means a person who either elects or is
required under RCW 84.64.050 to defer payment of the
special assessments and/or real property taxes accrued on the
claimant’s residence by filing a declaration to defer as
provided by this chapter.
When two or more individuals of a household file or
seek to file a declaration to defer, they may determine
between them as to who the claimant shall be.
(2) "Department" means the state department of revenue.
(3) "Equity value" means the amount by which the fair
market value of a residence as determined from the records
of the county assessor exceeds the total amount of any liens
or other obligations against the property.
(2002 Ed.)
Chapter 84.38
(4) "Local government" means any city, town, county,
water-sewer district, public utility district, port district,
irrigation district, flood control district, or any other municipal corporation, quasi-municipal corporation, or other
political subdivision authorized to levy special assessments.
(5) "Real property taxes" means ad valorem property
taxes levied on a residence in this state in the preceding
calendar year.
(6) "Residence" has the meaning given in RCW
84.36.383, except that a residence includes any additional
property up to a total of five acres that comprises the
residential parcel if this larger parcel size is required under
land use regulations.
(7) "Special assessment" means the charge or obligation
imposed by a local government upon property specially
benefited. [1997 c 93 § 1; 1996 c 230 § 1614; 1995 c 329
§ 1; 1991 c 213 § 1; 1984 c 220 § 20; 1979 ex.s. c 214 § 5;
1975 1st ex.s. c 291 § 27.]
Effective date—1997 c 93: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 21, 1997]." [1997 c 93 § 2.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Applicability—1991 c 213: "Sections 1 and 2 of this act shall be
effective for taxes levied for collection in 1991 and thereafter. Sections 3
and 4 of this act shall be effective for taxes levied for collection in 1992
and thereafter." [1991 c 213 § 6.]
84.38.030 Conditions and qualifications for claiming
deferral. A claimant may defer payment of special assessments and/or real property taxes on up to eighty percent of
the amount of the claimant’s equity value in the claimant’s
residence if the following conditions are met:
(1) The claimant must meet all requirements for an
exemption for the residence under RCW 84.36.381, other
than the age and income limits under RCW 84.36.381 and
the parcel size limit under RCW 84.36.383.
(2) The claimant must be sixty years of age or older on
December 31st of the year in which the deferral claim is
filed, or must have been, at the time of filing, retired from
regular gainful employment by reason of physical disability:
PROVIDED, That any surviving spouse of a person who
was receiving a deferral at the time of the person’s death
shall qualify if the surviving spouse is fifty-seven years of
age or older and otherwise meets the requirements of this
section.
(3) The claimant must have a combined disposable
income, as defined in RCW 84.36.383, of thirty-four
thousand dollars or less.
(4) The claimant must have owned, at the time of filing,
the residence on which the special assessment and/or real
property taxes have been imposed. For purposes of this
subsection, a residence owned by a marital community or
owned by cotenants shall be deemed to be owned by each
spouse or cotenant. A claimant who has only a share
ownership in cooperative housing, a life estate, a lease for
life, or a revocable trust does not satisfy the ownership
requirement.
(5) The claimant must have and keep in force fire and
casualty insurance in sufficient amount to protect the interest
of the state in the claimant’s equity value: PROVIDED,
That if the claimant fails to keep fire and casualty insurance
[Title 84 RCW—page 77]
84.38.030
Title 84 RCW: Property Taxes
in force to the extent of the state’s interest in the claimant’s
equity value, the amount deferred shall not exceed one hundred percent of the claimant’s equity value in the land or lot
only.
(6) In the case of special assessment deferral, the
claimant must have opted for payment of such special
assessments on the installment method if such method was
available. [1995 c 329 § 2; 1991 c 213 § 2; 1988 c 222 §
11; 1984 c 220 § 21; 1979 ex.s. c 214 § 6; 1975 1st ex.s. c
291 § 28.]
Applicability—1991 c 213: See note following RCW 84.38.020.
84.38.040 Declaration to defer special assessments
and/or real property taxes—Filing—Contents—Appeal.
(1) Each claimant electing to defer payment of special
assessments and/or real property tax obligations under this
chapter shall file with the county assessor, on forms prescribed by the department and supplied by the assessor, a
written declaration thereof. The declaration to defer special
assessments and/or real property taxes for any year shall be
filed no later than thirty days before the tax or assessment is
due or thirty days after receiving notice under RCW
84.64.050, whichever is later: PROVIDED, That for good
cause shown, the department may waive this requirement.
(2) The declaration shall designate the property to which
the deferral applies, and shall include a statement setting
forth (a) a list of all members of the claimant’s household,
(b) the claimant’s equity value in his residence, (c) facts
establishing the eligibility for the deferral under the provisions of this chapter, and (d) any other relevant information
required by the rules of the department. Each copy shall be
signed by the claimant subject to the penalties as provided
in chapter 9A.72 RCW for false swearing. The first declaration to defer filed in a county shall include proof of the
claimant’s age acceptable to the assessor.
(3) The county assessor shall determine if each claimant
shall be granted a deferral for each year but the claimant
shall have the right to appeal this determination to the
county board of equalization, in accordance with the provisions of RCW 84.40.038, whose decision shall be final as to
the deferral of that year. [2001 c 185 § 10; 1994 c 301 §
34; 1984 c 220 § 22; 1979 ex.s. c 214 § 7; 1975 1st ex.s. c
291 § 29.]
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
84.38.050 Renewal of deferral—Forms—Notice to
renew—Limitation upon special assessment deferral
amount. (1)(a) Declarations to defer property taxes for all
years following the first year may be made by filing with the
county assessor no later than thirty days before the tax is due
a renewal form in duplicate, prescribed by the department of
revenue and supplied by the county assessor, which affirms
the continued eligibility of the claimant.
(b) In January of each year, the county assessor shall
send to each claimant who has been granted deferral of ad
valorem taxes for the previous year renewal forms and notice
to renew.
(2) Declarations to defer special assessments shall be
made by filing with the assessor no later than thirty days
before the special assessment is due on a form to be pre[Title 84 RCW—page 78]
scribed by the department of revenue and supplied by the
county assessor. Upon approval, the full amount of special
assessments upon such claimant’s residence shall be deferred
but not to exceed an amount equal to eighty percent of the
claimant’s equity value in said property. [1979 ex.s. c 214
§ 8; 1975 1st ex.s. c 291 § 30.]
84.38.060 Declaration of deferral by agent, guardian, etc. If the claimant is unable to make his own declaration of deferral, it may be made by a duly authorized agent
or by a guardian or other person charged with care of the
person or property of such claimant. [1975 1st ex.s. c 291
§ 31.]
84.38.070 Ceasing to reside permanently on property subject to deferral declaration. If the claimant declaring his intention to defer special assessments or real property
tax obligations under this chapter ceases to reside permanently on the property for which the declaration to defer is made
between the date of filing the declaration and December 15th
of that year, the deferral otherwise allowable under this
chapter shall not be allowed on such tax roll. However, this
section shall not apply where the claimant dies, leaving a
spouse surviving, who is also eligible for deferral of special
assessment and/or property taxes. [1975 1st ex.s. c 291 §
32.]
84.38.080 Right to deferral not reduced by contract
or agreement. A person’s right to defer special assessments
and/or property tax obligations on his residence shall not be
reduced by contract or agreement, from January 1, 1976
onward. [1975 1st ex.s. c 291 § 33.]
84.38.090 Procedure where residence under mortgage or purchase contract. If any residence is under
mortgage or purchase contract requiring accumulation of
reserves out of which the holder of the mortgage or contract
is required to pay real estate taxes, said holder shall cosign
the declaration of deferral either before a notary public or
the county assessor or his deputy in the county where the
real property is located. [1975 1st ex.s. c 291 § 34.]
84.38.100 Lien of state, mortgage or purchase
contract holder—Priority—Amount—Interest. Whenever
a person’s special assessment and/or real property tax obligation is deferred under the provisions of this chapter, the
amount deferred and required to be paid pursuant to RCW
84.38.120 shall become a lien in favor of the state upon his
or her property and shall have priority as provided in
chapters 35.50 and 84.60 RCW: PROVIDED, That the
interest of a mortgage or purchase contract holder who is
required to cosign a declaration of deferral under RCW
84.38.090, shall have priority to said deferred lien. This lien
may accumulate up to eighty percent of the amount of the
claimant’s equity value in said property and shall bear
interest at the rate of eight percent per year from the time it
could have been paid before delinquency until said obligation
is paid: PROVIDED, That when taxes are deferred as
provided in RCW 84.64.050, the amount shall bear interest
at the rate of eight percent per year from the date the
declaration is filed until the obligation is paid. In the case
(2002 Ed.)
Deferral of Special Assessments and/or Property Taxes
of a mobile home, the department of licensing shall show the
state’s lien on the certificate of ownership for the mobile
home. In the case of all other property, the department of
revenue shall file a notice of the deferral with the county
recorder or auditor. [2000 c 103 § 26; 1988 c 222 § 12;
1984 c 220 § 23; 1981 c 322 § 1; 1975 1st ex.s. c 291 §
35.]
Effective date—1984 c 220: See note following RCW 84.38.120.
84.38.110 Duties of county assessor. The county
assessor shall:
(1) Immediately transmit one copy of each declaration
to defer to the department of revenue. The department may
audit any declaration and shall notify the assessor as soon as
possible of any claim where any factor appears to disqualify
the claimant for the deferral sought.
(2) Transmit one copy of each declaration to defer a
special assessment to the local improvement district which
imposed such assessment.
(3) Compute the dollar tax rate for the county as if any
deferrals provided by this chapter did not exist.
(4) As soon as possible notify the department of revenue
and the county treasurer of the amount of real property taxes
deferred for that year and notify the department of revenue
and the respective treasurers of municipal corporations of the
amount of special assessments deferred for each local
improvement district within such unit. [1984 c 220 § 24;
1975 1st ex.s. c 291 § 36.]
84.38.120 Payments to local improvement or taxing
districts. After receipt of the notification from the county
assessor of the amount of deferred special assessments
and/or real property taxes the department shall pay, from
amounts appropriated for that purpose, to the treasurers of
such municipal corporations said amounts, equivalent to the
amount of special assessments and/or real property taxes
deferred, to be distributed to the local improvement or taxing
districts which levied the taxes so deferred: PROVIDED,
That when taxes are deferred as provided in RCW
84.64.050, the department shall pay to the treasurer of the
county the amount equivalent to all taxes, foreclosure costs,
interest, and penalties accrued to the date the declaration to
defer is filed. [2000 c 103 § 27; 1988 c 222 § 13; 1984 c
220 § 25; 1975 1st ex.s. c 291 § 37.]
Effective date—1984 c 220 § 23: *"Section 23 of this act shall take
effect July 1, 1985." [1984 c 220 § 29.]
*Reviser’s note: Due to a Senate amendment to House Bill No. 1201
(1984 c 220), "section 23" became "section 25." During enrolling, "section
23" was renumbered as "section 25" under the mandate in the amendment
to "renumber the sections consecutively and correct any internal references
accordingly," but the internal reference to "section 23" was not changed.
"Section 23 of this act" consists of the 1984 c 220 amendment to RCW
84.38.100. "Section 25 of this act" consists of the 1984 c 220 amendment
to RCW 84.38.120.
84.38.130 When deferred assessments or taxes
become payable. Special assessments and/or real property
tax obligations deferred under this chapter shall become
payable together with interest as provided in RCW
84.38.100:
(1) Upon the sale of property which has a deferred
special assessment and/or real property tax lien upon it.
(2002 Ed.)
84.38.100
(2) Upon the death of the claimant with an outstanding
deferred special assessment and/or real property tax lien
except a surviving spouse who is qualified under this chapter
may elect to incur the special assessment and/or real property tax lien which shall then be payable by that spouse as
provided in this section.
(3) Upon the condemnation of property with a deferred
special assessment and/or real property tax lien upon it by a
public or private body exercising eminent domain power,
except as otherwise provided in RCW 84.60.070.
(4) At such time as the claimant ceases to reside permanently in the residence upon which the deferral has been
granted.
(5) Upon the failure of any condition set forth in RCW
84.38.030. [1984 c 220 § 26; 1975 1st ex.s. c 291 § 38.]
84.38.140 Collection of deferred assessments or
taxes. (1) The department shall collect all the amounts
deferred together with interest under this chapter. However,
in the event that the department is unable to collect an
amount deferred together with interest, that amount deferred
together with interest shall be collected by the county
treasurer in the manner provided for in chapter 84.56 RCW.
For purposes of collection of deferred taxes, the provisions
of chapters 84.56, 84.60, and 84.64 RCW shall be applicable.
(2) When any deferred special assessment and/or real
property taxes together with interest are collected the moneys
shall be deposited in the state general fund. [2001 c 299 §
18; 1984 c 220 § 27; 1975 1st ex.s. c 291 § 39.]
84.38.150 Election to continue deferral by surviving
spouse. (1) A surviving spouse of the claimant may elect to
continue the property in its deferred tax status if the property
is the residence of the spouse of the claimant and the spouse
meets the requirements of this chapter.
(2) The election under this section to continue the
property in its deferred status by the spouse of the claimant
shall be filed in the same manner as an original claim for
deferral is filed under this chapter, not later than ninety days
from the date of the claimant’s death. Thereupon, the
property with respect to which the deferral of special
assessments and/or real property taxes is claimed shall
continue to be treated as deferred property. When the
property has been continued in its deferred status by the
filing of the spouse of the claimant of an election under this
section, the spouse of the claimant may continue the property
in its deferred status in subsequent years by filing a claim
under this chapter so long as the spouse meets the qualifications set out in this section. [1975 1st ex.s. c 291 § 40.]
84.38.160 Payment of part or all of deferred taxes
authorized. Any person may at any time pay a part or all
of the deferred taxes but such payment shall not affect the
deferred tax status of the property. [1975 1st ex.s. c 291 §
41.]
84.38.170 Collection of personal property taxes not
affected. Nothing in this chapter is intended to or shall be
construed to prevent the collection, by foreclosure, of
[Title 84 RCW—page 79]
84.38.170
Title 84 RCW: Property Taxes
personal property taxes which become a lien against taxdeferred property. [1975 1st ex.s. c 291 § 42.]
84.38.180 Forms—Rules and regulations. The
department of revenue of the state of Washington shall
devise the forms and make rules and regulations consistent
with chapter 34.05 RCW and the provisions of this chapter
as shall be necessary or desirable to permit its effective
administration. [1975 1st ex.s. c 291 § 43.]
84.38.900 Severability—1975 1st ex.s. c 291. See
note following RCW 82.04.050.
84.38.910 Effective dates—1975 1st ex.s. c 291. See
note following RCW 82.04.050.
Chapter 84.40
LISTING OF PROPERTY
Sections
84.40.020
Assessment date—Average inventory basis may be used—
Public inspection of listing, documents, and records.
84.40.025 Access to property required.
84.40.030 Basis of valuation, assessment, appraisal—One hundred
percent of true and fair value—Exceptions—Leasehold
estates—Real property—Appraisal—Comparable sales.
84.40.0301 Determination of value by public official—Review—
Revaluation—Presumptions.
84.40.031 Valuation of timber and timberlands—Criteria established.
84.40.032 Valuation of timber and timberlands—"Timberlands" defined
and declared lands devoted to reforestation.
84.40.033 Valuation of timber and timberlands—Legislative findings.
84.40.036 Valuation of vessels—Apportionment.
84.40.037 Valuation of computer software—Embedded software.
84.40.038 Petition county board of equalization—Limitation on
changes to time limit—Waiver of filing deadline—
Direct appeal to state board of tax appeals.
84.40.039 Reducing valuation after government restriction—Petitioning
assessor—Establishing new valuation—Notice—
Appeal—Refund.
84.40.040 Time and manner of listing.
84.40.042 Valuation and assessment of divided or combined property.
84.40.045 Notice of change in valuation of real property to be given
taxpayer—Copy to person making payments pursuant to
mortgage, contract, or deed of trust—Procedure—
Penalty.
84.40.060 Assessment upon receipt of verified statement.
84.40.065 Listing of taxable ships and vessels with department—
Assessment—Rights of review.
84.40.070 Companies, associations—Listing.
84.40.080 Listing omitted property or improvements.
84.40.085 Limitation period for assessment of omitted property or
value—Notification to taxpayer of omission—Procedure.
84.40.090 Taxing districts to be designated—Separate assessments.
84.40.110 Examination under oath—Default listing.
84.40.120 Oaths, who may administer—Criminal penalty for wilful
false listing.
84.40.130 Penalty for failure or refusal to list—False or fraudulent
listing, additional penalty.
84.40.150 Sick or absent persons—May report to board of equalization.
84.40.160 Manner of listing real estate—Maps.
84.40.170 Plat of irregular subdivided tracts—Notice to owner—
Surveys—Costs.
84.40.175 Listing of exempt property—Proof of exemption—Valuation
of publicly owned property.
84.40.178 Exempt residential property—Maintenance of assessed valuation—Notice of change.
[Title 84 RCW—page 80]
84.40.185
Individuals, corporations, limited liability companies, associations, partnerships, trusts, or estates required to list
personalty.
84.40.190 Statement of personalty to be delivered to assessor—
Signatures—Liability.
84.40.200 Listing of personalty on failure to obtain statement—
Statement of valuation to person assessed or listing—
Exemption.
84.40.210 Personalty of manufacturer, listing procedure, statement—
"Manufacturer" defined.
84.40.220 Merchant’s personalty held for sale—Consignment from out
of state—Nursery stock assessable as growing crops.
84.40.230 Contract to purchase public land.
84.40.240 Annual list of lands sold or contracted to be sold to be
furnished assessor.
84.40.315 Federal agencies and property taxable when federal law
permits.
84.40.320 Detail and assessment lists to board of equalization.
84.40.335 Lists, schedules or statements to contain declaration that
falsification subject to perjury.
84.40.340 Verification by assessor of any list, statement, or schedule—
Confidentiality, penalty.
84.40.343 Mobile homes—Identification of.
84.40.344 Mobile homes—Avoidance of payment of tax—Penalty.
84.40.350 Assessment and taxation of property losing exempt status.
84.40.360 Loss of exempt status—Property subject to pro rata portion
of taxes for remainder of year.
84.40.370 Loss of exempt status—Valuation date—Extension on rolls.
84.40.380 Loss of exempt status—When taxes due and payable—Dates
of delinquency—Interest.
84.40.390 Loss of exempt status—Taxes constitute lien on property.
84.40.405 Rules for agricultural products and business inventories.
84.40.410 Valuation and assessment of certain leasehold interests.
Qualifications for persons assessing real property—Examination: RCW
36.21.015.
84.40.020 Assessment date—Average inventory
basis may be used—Public inspection of listing, documents, and records. All real property in this state subject
to taxation shall be listed and assessed every year, with
reference to its value on the first day of January of the year
in which it is assessed. Such listing and all supporting
documents and records shall be open to public inspection
during the regular office hours of the assessor’s office:
PROVIDED, That confidential income data is hereby
exempted from public inspection as noted in RCW 42.17.260
and 42.17.310. All personal property in this state subject to
taxation shall be listed and assessed every year, with
reference to its value and ownership on the first day of
January of the year in which it is assessed: PROVIDED,
That if the stock of goods, wares, merchandise or material,
whether in a raw or finished state or in process of manufacture, owned or held by any taxpayer on January 1 of any
year does not fairly represent the average stock carried by
such taxpayer, such stock shall be listed and assessed upon
the basis of the monthly average of stock owned or held by
such taxpayer during the preceding calendar year or during
such portion thereof as the taxpayer was engaged in business. [2001 c 187 § 16. Prior: 1997 c 239 § 2; 1997 c 3
§ 103 (Referendum Bill No. 47, approved November 4,
1997); 1973 c 69 § 1; 1967 ex.s. c 149 § 35; 1961 c 15 §
84.40.020; prior: (i) 1939 c 137 § 1; 1925 ex.s. c 130 § 8;
1897 c 71 § 6; 1895 c 176 § 3; 1893 c 124 § 6; 1891 c 140
§§ 1, 6; 1890 p 532 § 6; Code 1881 § 2832; 1871 p 40 § 15;
1869 p 180 § 15; 1867 p 62 § 6; 1854 p 332 § 4; RRS §
11112. (ii) 1937 c 122 § 1; 1890 p 532 § 6; RRS § 111121.]
(2002 Ed.)
Listing of Property
Application—2001 c 187: "This act applies for [to] taxes levied in
2001 for collection in 2002 and thereafter." [2001 c 187 § 33.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Effective date—1967 ex.s. c 149: See note following RCW
82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.025 Access to property required. For the
purpose of assessment and valuation of all taxable property
in each county, any real or personal property in each county
shall be subject to visitation, investigation, examination,
discovery, and listing at any reasonable time by the county
assessor of the county or by any employee thereof designated for this purpose by the assessor.
In any case of refusal to such access, the assessor shall
request assistance from the department of revenue which
may invoke the power granted by chapter 84.08 RCW.
[1982 1st ex.s. c 46 § 10.]
84.40.030 Basis of valuation, assessment, appraisal—One hundred percent of true and fair value—
Exceptions—Leasehold estates—Real property—
Appraisal—Comparable sales. All property shall be valued at one hundred percent of its true and fair value in
money and assessed on the same basis unless specifically
provided otherwise by law.
Taxable leasehold estates shall be valued at such price
as they would bring at a fair, voluntary sale for cash without
any deductions for any indebtedness owed including rentals
to be paid.
The true and fair value of real property for taxation
purposes (including property upon which there is a coal or
other mine, or stone or other quarry) shall be based upon the
following criteria:
(1) Any sales of the property being appraised or similar
properties with respect to sales made within the past five
years. The appraisal shall be consistent with the comprehensive land use plan, development regulations under chapter
36.70A RCW, zoning, and any other governmental policies
or practices in effect at the time of appraisal that affect the
use of property, as well as physical and environmental
influences. An assessment may not be determined by a
method that assumes a land usage not permitted, for that
property being appraised, under existing zoning or land use
planning ordinances or statutes. The appraisal shall also take
into account: (a) In the use of sales by real estate contract
as similar sales, the extent, if any, to which the stated selling
price has been increased by reason of the down payment,
interest rate, or other financing terms; and (b) the extent to
which the sale of a similar property actually represents the
general effective market demand for property of such type,
in the geographical area in which such property is located.
Sales involving deed releases or similar seller-developer
financing arrangements shall not be used as sales of similar
property.
(2) In addition to sales as defined in subsection (1) of
this section, consideration may be given to cost, cost less
depreciation, reconstruction cost less depreciation, or
(2002 Ed.)
84.40.020
capitalization of income that would be derived from prudent
use of the property. In the case of property of a complex
nature, or being used under terms of a franchise from a
public agency, or operating as a public utility, or property
not having a record of sale within five years and not having
a significant number of sales of similar property in the
general area, the provisions of this subsection shall be the
dominant factors in valuation. When provisions of this
subsection are relied upon for establishing values the
property owner shall be advised upon request of the factors
used in arriving at such value.
(3) In valuing any tract or parcel of real property, the
true and fair value of the land, exclusive of structures
thereon shall be determined; also the true and fair value of
structures thereon, but the valuation shall not exceed the true
and fair value of the total property as it exists. In valuing
agricultural land, growing crops shall be excluded. [2001 c
187 § 17; 1998 c 320 § 9. Prior: 1997 c 429 § 34; 1997 c
134 § 1; 1997 c 3 § 104 (Referendum Bill No. 47, approved
November 4, 1997); 1994 c 124 § 20; 1993 c 436 § 1; 1988
c 222 § 14; 1980 c 155 § 2; prior: 1973 1st ex.s. c 195 §
96; 1973 1st ex.s. c 187 § 1; 1972 ex.s. c 125 § 2; 1971
ex.s. c 288 § 1; 1971 ex.s. c 43 § 1; 1961 c 15 § 84.40.030;
prior: 1939 c 206 § 15; 1925 ex.s. c 130 § 52; 1919 c 142
§ 4; 1913 c 140 § 1; 1897 c 71 § 42; 1893 c 124 § 44; 1891
c 140 § 44; 1890 p 547 § 48; RRS § 11135. FORMER
PART OF SECTION: 1939 c 116 § 1, part, now codified in
RCW 84.40.220.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Severability—1997 c 429: See note following RCW 36.70A.3201.
Application—1997 c 3: "(1) Sections 101 through 126 of this act
apply to taxes levied for collection in 1999 and thereafter.
(2) Sections 201 through 207 of this act apply to taxes levied for
collection in 1998 and thereafter." [1997 c 3 § 501 (Referendum Bill No.
47, approved November 4, 1997).]
Severability—1997 c 3: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act
or the application of the provision to other persons or circumstances is not
affected." [1997 c 3 § 502 (Referendum Bill No. 47, approved November
4, 1997).]
Part headings not law—1997 c 3: "Part headings used in this act are
not any part of the law." [1997 c 3 § 503 (Referendum Bill No. 47,
approved November 4, 1997).]
Referral to electorate—1997 c 3: "Except for section 401 of this act,
the secretary of state shall submit this act to the people for their adoption
and ratification, or rejection, at the next general election to be held in this
state, in accordance with Article II, section 1 of the state Constitution and
the laws adopted to facilitate its operation." [1997 c 3 § 504.] 1997 c 3
(this act) was adopted and ratified by the people at the November 4, 1997,
general election (Referendum Bill No. 47).
Effective date—Applicability—1980 c 155: "This act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately and shall be effective for assessments made in 1980
and years thereafter." [1980 c 155 § 8.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—Construction—1973 1st ex.s. c 187: "If any provision
of this 1973 amendatory act, or its application to any person or circumstance is held invalid, the remainder of this 1973 amendatory act, or the
application of the provision to other persons or circumstances is not
affected: PROVIDED, That if the leasehold in lieu excise tax imposed by
section 4 of this 1973 amendatory act is held invalid, the entirety of the act,
except for section 3 and section 15, shall be null and void." [1973 1st ex.s.
c 187 § 13.]
[Title 84 RCW—page 81]
84.40.030
Title 84 RCW: Property Taxes
Severability—1972 ex.s. c 125: See note following RCW 84.40.045.
Savings—1971 ex.s. c 288: "The amendment or repeal of any statutes
by this 1971 amendatory act shall not be construed as invalidating, abating
or otherwise affecting any existing right acquired or any liability or
obligation incurred under the provisions of the statutes amended or repealed.
Such amendment or repeals shall not affect the right of any person to make
a claim for exemption during the calendar year 1971 pursuant to RCW
84.36.128." [1971 ex.s. c 288 § 12.]
Severability—1971 ex.s. c 288: "If any provision of this 1971
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1971 ex.s. c 288 § 28.]
Severability—1971 ex.s. c 43: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1971 ex.s. c 43 § 6.]
84.40.0301 Determination of value by public
official—Review—Revaluation—Presumptions. Upon
review by any court, or appellate body, of a determination of
the valuation of property for purposes of taxation, it shall be
presumed that the determination of the public official
charged with the duty of establishing such value is correct
but this presumption shall not be a defense against any
correction indicated by clear, cogent and convincing evidence. [1994 c 301 § 35; 1971 ex.s. c 288 § 2.]
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.40.031 Valuation of timber and timberlands—
Criteria established. Based upon the study as directed by
house concurrent resolution No. 10 of the thirty-seventh
session of the legislature relating to the taxation of timber
and timberlands, the legislature hereby establishes the criteria
set forth in RCW 84.40.031 through 84.40.033 as standards
for the valuation of timber and timberlands for tax purposes.
[1983 c 3 § 228; 1963 c 249 § 1.]
Severability—1963 c 249: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
this act, or the application of the provisions to other persons or circumstances is not affected." [1963 c 249 § 6.]
84.40.032 Valuation of timber and timberlands—
"Timberlands" defined and declared lands devoted to
reforestation. As used in RCW 84.40.031 through
84.40.033 "timberlands" means land primarily suitable and
used for growing a continuous supply of forest products,
whether such lands be cutover, selectively harvested, or
contain merchantable or immature timber, and includes the
timber thereon. Timberlands are lands devoted to reforestation within the meaning of Article VII, section 1 of the state
Constitution as amended. [1983 c 3 § 229; 1963 c 249 § 2.]
Severability—1963 c 249: See note following RCW 84.40.031.
84.40.033 Valuation of timber and timberlands—
Legislative findings. It is hereby found and declared that:
(1) Timber constitutes the primary renewable resource
of this state.
(2) It is the public policy of this state that timberlands
be managed in such a way as to assure a continuous supply
of forest products.
(3) It is in the public interest that forest valuation and
taxation policy encourage and permit timberland owners to
manage their lands to sustain maximum production of raw
[Title 84 RCW—page 82]
materials for the forest industry, to maintain other public
benefits, and to maintain a stable and equitable tax base.
(4) Forest management entails continuous and accumulative burdens of taxes, protection, management costs, interest
on investment, and risks of loss from fire, insects, disease
and the elements over long periods of time prior to harvest
and realization of income.
(5) Existing timberland valuation and taxation procedures under the general property tax system are consistent
with the public interest and the public policy herein set forth
only when due consideration and recognition is given to all
relevant factors in determining the true and fair value in
money of each tract or lot of timberland.
(6) To assure equality and uniformity of taxation of
timberland, uniform principles should be applied for determining the true and fair value in money of such timberlands,
taking into account all pertinent factors such as regional
differences in species and growing conditions.
(7) The true and fair value in money of timberlands
must be determined through application of sound valuation
principles based upon the highest and best use of such properties. The highest and best use of timberlands, whether cutover, selectively harvested, or containing merchantable or
immature timber, is to manage, protect and harvest them in
a manner which will realize the greatest economic value and
assure the maximum continuous supply of forest products.
This requires that merchantable timber originally on timberlands be harvested gradually to maintain a continuous supply
until immature timber reaches the optimum age or size for
harvesting, that immature timber on timberlands be managed
and protected for extensive periods until it reaches such
optimum age or size and that such timberlands be continually restocked as harvested.
(8) Reforestation entails an integrated forest management program which includes gradual harvesting of existing
merchantable timber, management and protection of immature timber during its growth cycle until it reaches the
optimum size or age for harvesting and a continual preparation and restocking of areas after harvest. Such management
of timberlands is now generally followed and practiced in
this state and it is in the public interest that such management be continued and encouraged.
(9) The prices at which merchantable timber is sold
generally reflect values based upon immediate harvesting,
and the prices at which both merchantable and immature
timber are sold frequently reflect circumstances peculiar to
the particular purchaser. Such prices generally make little or
no allowance for the continuous and accumulative burdens
of taxes, protection, management costs, interest on investment, and risks of loss from fire, insects, disease, and the
elements which must be borne by the owner of timberlands
over long periods of time prior to the time timber is harvested and income is realized. Such prices do not, therefore,
provide a reliable measure of the true and fair value in
money. Accordingly, both the public policy and the public
interest of this state and sound principles of timber valuation
require that in the determination of the true and fair value in
money of such properties appropriate and full allowance be
made for such continuous and accumulative burdens over the
period of time between assessment and harvest. [1963 c 249
§ 3.]
Severability—1963 c 249: See note following RCW 84.40.031.
(2002 Ed.)
Listing of Property
84.40.036 Valuation of vessels—Apportionment. (1)
As used in this section, "apportionable vessel" means a ship
or vessel which is:
(a) Engaged in interstate commerce;
(b) Engaged in foreign commerce; and/or
(c) Engaged exclusively in fishing, tendering, harvesting,
and/or processing seafood products on the high seas or
waters under the jurisdiction of other states.
(2) The value of each apportionable vessel shall be apportioned to this state based on the number of days or
fractions of days that the vessel is within this state during
the preceding calendar year: PROVIDED, That if the total
number of days the vessel is within the limits of the state
does not exceed one hundred twenty for the preceding
calendar year, no value shall be apportioned to this state.
For the purposes of this subsection (2), a fraction of a day
means more than sixteen hours in a calendar day.
(3) Time during which an apportionable vessel is in the
state for one or more of the following purposes shall not be
considered as time within this state, if the length of time is
reasonable for the purpose:
(a) Undergoing repair or alteration;
(b) Taking on or discharging cargo, passengers, or
supplies; and
(c) Serving as a tug for a vessel under (a) or (b) of this
subsection.
(4) Days during which an apportionable vessel leaves
this state only while navigating the high seas in order to
travel between points in this state shall be considered as days
within this state. [1998 c 335 § 6; 1986 c 229 § 2.]
Effective date—1998 c 335: See note following RCW 84.12.200.
Application—1986 c 229: See note following RCW 84.36.080.
Listing of taxable ships and vessels with department: RCW 84.40.065.
Partial exemption for ships and vessels: RCW 84.36.080.
84.40.037 Valuation of computer software—
Embedded software. (1) Computer software, except
embedded software, shall be valued in the first year of
taxation at one hundred percent of the acquisition cost of the
software and in the second year at fifty percent of the
acquisition cost. Computer software, other than embedded
software, shall have no value for purposes of property
taxation after the second year.
(2) Embedded software is a part of the computer system
or other machinery or equipment in which it is housed and
shall be valued in the same manner as the machinery or
equipment. [1991 sp.s. c 29 § 4.]
Findings, intent—Severability—Application—1991 sp.s. c 29: See
notes following RCW 84.04.150.
84.40.038 Petition county board of equalization—
Limitation on changes to time limit—Waiver of filing
deadline—Direct appeal to state board of tax appeals.
(1) The owner or person responsible for payment of taxes on
any property may petition the county board of equalization
for a change in the assessed valuation placed upon such
property by the county assessor or for any other reason
specifically authorized by statute. Such petition must be
made on forms prescribed or approved by the department of
revenue and any petition not conforming to those requirements or not properly completed shall not be considered by
(2002 Ed.)
84.40.036
the board. The petition must be filed with the board on or
before July 1st of the year of the assessment or determination, within thirty days after the date an assessment, value
change notice, or other notice has been mailed, or within a
time limit of up to sixty days adopted by the county legislative authority, whichever is later. If a county legislative
authority sets a time limit, the authority may not change the
limit for three years from the adoption of the limit.
(2) The board of equalization may waive the filing
deadline if the petition is filed within a reasonable time after
the filing deadline and the petitioner shows good cause for
the late filing. The decision of the board of equalization regarding a waiver of the filing deadline is final and not
appealable under RCW 84.08.130. Good cause may be
shown by one or more of the following events or circumstances:
(a) Death or serious illness of the taxpayer or his or her
immediate family;
(b) The taxpayer was absent from the address where the
taxpayer normally receives the assessment or value change
notice, was absent for more than fifteen days of the days
allowed in subsection (1) of this section before the filing
deadline, and the filing deadline is after July 1;
(c) Incorrect written advice regarding filing requirements
received from board of equalization staff, county assessor’s
staff, or staff of the property tax advisor designated under
RCW 84.48.140;
(d) Natural disaster such as flood or earthquake;
(e) Delay or loss related to the delivery of the petition
by the postal service, and documented by the postal service;
or
(f) Other circumstances as the department may provide
by rule.
(3) The owner or person responsible for payment of
taxes on any property may request that the appeal be heard
by the state board of tax appeals without a hearing by the
county board of equalization when the assessor, the owner
or person responsible for payment of taxes on the property,
and a majority of the county board of equalization agree that
a direct appeal to the state board of tax appeals is appropriate. The state board of tax appeals may reject the appeal, in
which case the county board of equalization shall consider
the appeal under RCW 84.48.010. Notice of such a rejection, together with the reason therefor, shall be provided to
the affected parties and the county board of equalization
within thirty days of receipt of the direct appeal by the state
board. [2001 c 185 § 11; 1997 c 294 § 1; 1994 c 123 § 4;
1992 c 206 § 11; 1988 c 222 § 19.]
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Applicability—1994 c 123: See note following RCW 84.36.815.
Effective date—1992 c 206: See note following RCW 82.04.170.
Effective date—1988 c 222: See note following RCW 84.40.040.
84.40.039 Reducing valuation after government
restriction—Petitioning assessor—Establishing new
valuation—Notice—Appeal—Refund. (1) The owner or
person responsible for payment of taxes on any real property
may petition the assessor for a reduction in the assessed
value of the real property at any time within three years of
adoption of a restriction by a government entity.
[Title 84 RCW—page 83]
84.40.039
Title 84 RCW: Property Taxes
(2) Notwithstanding the revaluation cycle for the county,
the assessor shall reconsider the valuation of the real
property within one hundred twenty days of the filing of a
petition under subsection (1) of this section. If the new
valuation is established for the real property after this review, the assessor shall notify the property owner in the
manner provided in RCW 84.40.045. Unless the real
property would otherwise be revalued that year as a result of
the revaluation cycle or new construction, the valuation of
the real property shall not be increased as a result of this
revaluation. If the new valuation is established after June
1st in any year, the new valuation shall be used for purposes
of imposing property taxes in the following year, but the
property owner shall be eligible for a refund under RCW
84.69.020.
(3) A new valuation established under this section may
be appealed under RCW 84.40.038.
(4) If the assessor reduces the valuation of real property
using the process under this section, the property owner shall
be entitled to a refund on property taxes paid on this
property calculated as follows:
(a) A property owner is entitled to receive a refund for
each year after the restriction was adopted, but not to exceed
three years, that the taxpayer paid property taxes on the real
property based upon the prior higher valuation; and
(b) The amount of the refund in each year shall be the
amount of reduced valuation on the real property for that
year, multiplied by the rate of property taxes imposed on the
property in that year.
(5) As used in this section, "restriction" means a
limitation, requirement, regulation, or restriction that limits
the use of the property, including those imposed by the
application of ordinances, resolutions, rules, regulations,
policies, statutes, and conditions of land use approval. [1998
c 306 § 1.]
84.40.040 Time and manner of listing. The assessor
shall begin the preliminary work for each assessment not
later than the first day of December of each year in all
counties in the state. The assessor shall also complete the
duties of listing and placing valuations on all property by
May 31st of each year, except that the listing and valuation
of construction and mobile homes under RCW 36.21.080 and
36.21.090 shall be completed by August 31st of each year,
and in the following manner, to wit:
The assessor shall actually determine as nearly as
practicable the true and fair value of each tract or lot of land
listed for taxation and of each improvement located thereon
and shall enter one hundred percent of the true and fair value
of such land and value of such improvements, together with
the total of such one hundred percent valuations, opposite
each description of property on the assessment list and tax
roll.
The assessor shall make an alphabetical list of the
names of all persons in the county liable to assessment of
personal property, and require each person to make a correct
list and statement of such property according to the standard
form prescribed by the department of revenue, which
statement and list shall include, if required by the form, the
year of acquisition and total original cost of personal
property in each category of the prescribed form, and shall
[Title 84 RCW—page 84]
be signed and verified under penalty of perjury by the person
listing the property: PROVIDED, That the assessor may list
and value improvements on publicly owned land in the same
manner as real property is listed and valued, including
conformance with the revaluation program required under
chapter 84.41 RCW. Such list and statement shall be filed
on or before the last day of April. The assessor shall on or
before the 1st day of January of each year mail a notice to
all such persons at their last known address that such
statement and list is required, such notice to be accompanied
by the form on which the statement or list is to be made:
PROVIDED, That the notice mailed by the assessor to each
taxpayer each year shall, if practicable, include the statement
and list of personal property of the taxpayer for the preceding year. Upon receipt of such statement and list the
assessor shall thereupon determine the true and fair value of
the property included in such statement and enter one
hundred percent of the same on the assessment roll opposite
the name of the party assessed; and in making such entry in
the assessment list, the assessor shall give the name and post
office address of the party listing the property, and if the
party resides in a city the assessor shall give the street and
number or other brief description of the party’s residence or
place of business. The assessor may, after giving written
notice of the action to the person to be assessed, add to the
assessment list any taxable property which should be
included in such list. [2001 c 187 § 18; 1997 c 3 § 106
(Referendum Bill No. 47, approved November 4, 1997);
1988 c 222 § 15; 1982 1st ex.s. c 46 § 5; 1973 1st ex.s. c
195 § 97; 1967 ex.s. c 149 § 36; 1961 c 15 § 84.40.040.
Prior: 1939 c 206 § 16, part; 1925 ex.s. c 130 § 57, part;
1897 c 71 § 46, part; 1895 c 176 § 5, part; 1893 c 124 § 48,
part; 1891 c 140 § 48, part; RRS § 11140, part.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Effective date—1988 c 222: "Sections 15, 17, 19, 20, 21, 28, and 30
of this act shall take effect January 1, 1989." [1988 c 222 § 35.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date—1967 ex.s. c 149: See note following RCW
82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.042 Valuation and assessment of divided or
combined property. (1) When real property is divided in
accordance with chapter 58.17 RCW, the assessor shall
carefully investigate and ascertain the true and fair value of
each lot and assess each lot on that same basis, unless
specifically provided otherwise by law. For purposes of this
section, "lot" has the same definition as in RCW 58.17.020.
(a) For each lot on which an advance tax deposit has
been paid in accordance with RCW 58.08.040, the assessor
shall establish the true and fair value by October 30 of the
year following the recording of the plat, replat, altered plat,
or binding site plan. The value established shall be the value
of the lot as of January 1 of the year the original parcel of
real property was last revalued. An additional property tax
shall not be due on the land until the calendar year following
(2002 Ed.)
Listing of Property
the year for which the advance tax deposit was paid if the
deposit was sufficient to pay the full amount of the taxes due
on the property.
(b) For each lot on which an advance tax deposit has
not been paid, the assessor shall establish the true and fair
value not later than the calendar year following the recording
of the plat, map, subdivision, or replat. For purposes of this
section, "subdivision" means a division of land into two or
more lots.
(c) For each subdivision, all current year and delinquent
taxes and assessments on the entire tract must be paid in full
in accordance with RCW 58.17.160 and 58.08.030 except
when property is being acquired by a government for public
use. For purposes of this section, "current year taxes" means
taxes that are collectible under RCW 84.56.010 subsequent
to February 14.
(2) When the assessor is required by law to segregate
any part or parts of real property, assessed before or after
July 27, 1997, as one parcel or when the assessor is required
by law to combine parcels of real property assessed before
or after July 27, 1997, as two or more parcels, the assessor
shall carefully investigate and ascertain the true and fair
value of each part or parts of the real property and each
combined parcel and assess each part or parts or each
combined parcel on that same basis. [2002 c 168 § 8; 1997
c 393 § 17.]
84.40.045 Notice of change in valuation of real
property to be given taxpayer—Copy to person making
payments pursuant to mortgage, contract, or deed of
trust—Procedure—Penalty. The assessor shall give notice
of any change in the true and fair value of real property for
the tract or lot of land and any improvements thereon no
later than thirty days after appraisal: PROVIDED, That no
such notice shall be mailed during the period from January
15 to February 15 of each year: PROVIDED FURTHER,
That no notice need be sent with respect to changes in
valuation of forest land made pursuant to chapter 84.33
RCW.
The notice shall contain a statement of both the prior
and the new true and fair value, stating separately land and
improvement values, and a brief statement of the procedure
for appeal to the board of equalization and the time, date,
and place of the meetings of the board.
The notice shall be mailed by the assessor to the
taxpayer.
If any taxpayer, as shown by the tax rolls, holds solely
a security interest in the real property which is the subject of
the notice, pursuant to a mortgage, contract of sale, or deed
of trust, such taxpayer shall, upon written request of the
assessor, supply, within thirty days of receipt of such
request, to the assessor the name and address of the person
making payments pursuant to the mortgage, contract of sale,
or deed of trust, and thereafter such person shall also receive
a copy of the notice provided for in this section. Willful
failure to comply with such request within the time limitation provided for herein shall make such taxpayer subject to
a maximum civil penalty of five thousand dollars. The
penalties provided for herein shall be recoverable in an
action by the county prosecutor, and when recovered shall be
deposited in the county current expense fund. The assessor
(2002 Ed.)
84.40.042
shall make the request provided for by this section during
the month of January. [2001 c 187 § 19; 1997 c 3 § 107
(Referendum Bill No. 47, approved November 4, 1997);
1994 c 301 § 36; 1977 ex.s. c 181 § 1; 1974 ex.s. c 187 §
8; 1972 ex.s. c 125 § 1; 1971 ex.s. c 288 § 16; 1967 ex.s. c
146 § 10.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Severability—1974 ex.s. c 187: See note following RCW 84.33.110.
Severability—1972 ex.s. c 125: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1972 ex.s. c 125 § 4.]
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.40.060 Assessment upon receipt of verified statement. Upon receipt of the verified statement of personal
property, the assessor shall assess the value of such property:
PROVIDED, If any property is listed or assessed on or after
the 31st day of May, the same shall be legal and binding as
if listed and assessed before that time: PROVIDED,
FURTHER, That any statement of taxable property which is
not signed by the person listing the property and which is
not verified under penalty of perjury shall not be accepted by
the assessor nor shall it be considered in any way to constitute compliance, or an attempt at compliance, with the listing
requirements of this chapter. [1988 c 222 § 16; 1967 ex.s.
c 149 § 37; 1961 c 15 § 84.40.060. Prior: 1939 c 206 § 17;
1925 ex.s. c 130 § 58; 1897 c 71 § 47; 1893 c 124 § 49;
1891 c 140 § 49; 1890 p 548 § 49; RRS § 11141.]
Effective date—1967 ex.s. c 149: See note following RCW
82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.065 Listing of taxable ships and vessels with
department—Assessment—Rights of review. (1) Every
individual, corporation, association, partnership, trust, and
estate shall list with the department of revenue all ships and
vessels which are subject to their ownership, possession, or
control and which are not entirely exempt from property
taxation, and such listing shall be subject to the same
requirements and penalties provided in this chapter for all
other personal property in the same manner as provided in
this chapter, except as may be specifically provided otherwise with respect to ships and vessels.
(2) The listing of ships and vessels shall be accomplished in the manner and upon forms prescribed by the
department. Upon listing, the department shall assign a tax
identification number for each vessel listed.
(3) The department shall assess all ships and vessels and
shall, on or before January 31st of each year, mail to the
owner of a ship or vessel, or to the person listing the ship or
vessel if different from the owner, a notice showing the
valuation of the ship or vessel assessed. Taxes due the
following year shall be based upon the valuation. On or
after February 15, but no later than thirty days before April
30, the department shall mail to the owner of a ship or
[Title 84 RCW—page 85]
84.40.065
Title 84 RCW: Property Taxes
vessel, or to the person listing the ship or vessel if different
from the owner, a tax statement showing the valuation for
the previous year of the ship or vessel assessed and the
amount of tax owed for the current year.
(4) Any ship or vessel owner, or person listing the ship
or vessel if different from the owner, disputing the assessment or disputing whether the ship or vessel is subject to
taxation under this section shall have the same rights of review as any other ship or vessel owner subject to the excise
tax contained in chapter 82.49 RCW in accordance with
RCW 82.49.060. [1993 c 33 § 2; 1986 c 229 § 3; 1984 c
250 § 5. Formerly RCW 84.08.200.]
Effective date—1993 c 33: See note following RCW 82.49.060.
Application—1986 c 229: See note following RCW 84.36.080.
Collection of ad valorem taxes: RCW 84.56.440.
Partial exemption for ships and vessels: RCW 84.36.080.
Valuation of vessels—Apportionment: RCW 84.40.036.
84.40.070 Companies, associations—Listing. The
president, secretary or principal accounting officer or agent
of any company or association, whether incorporated or
unincorporated, except as otherwise provided for in this title,
shall make out and deliver to the assessor a sworn statement
of its property, setting forth particularly—First, the name and
location of the company or association; second, the real
property of the company or association, and where situated;
third, the nature and value of its personal property. The real
and personal property of such company or association shall
be assessed the same as other real and personal property. In
all cases of failure or refusal of any person, officer, company
or association to make such return or statement, it shall be
the duty of the assessor to make such return or statement
from the best information he can obtain. [1961 c 15 §
84.40.070. Prior: 1925 ex.s. c 130 § 27; 1897 c 71 § 20;
1893 c 124 § 20; 1891 c 140 § 20; 1890 p 538 § 21; Code
1881 § 2839; RRS § 11131.]
84.40.080 Listing omitted property or improvements. An assessor shall enter on the assessment roll in any
year any property shown to have been omitted from the
assessment roll of any preceding year, at the value for the
preceding year, or if not then valued, at such value as the
assessor shall determine for the preceding year, and such
value shall be stated separately from the value of any other
year. Where improvements have not been valued and
assessed as a part of the real estate upon which the same
may be located, as evidenced by the assessment rolls, they
may be separately valued and assessed as omitted property
under this section. No such assessment shall be made in any
case where a bona fide purchaser, encumbrancer, or contract
buyer has acquired any interest in said property prior to the
time such improvements are assessed. When such an
omitted assessment is made, the taxes levied thereon may be
paid within one year of the due date of the taxes for the year
in which the assessment is made without penalty or interest.
In the assessment of personal property, the assessor shall
assess the omitted value not reported by the taxpayer as evidenced by an inspection of either the property or the books
and records of said taxpayer by the assessor. [1995 c 134 §
14. Prior: 1994 c 301 § 37; 1994 c 124 § 21; 1973 2nd
ex.s. c 8 § 1; 1961 c 15 § 84.40.080; prior: 1951 1st ex.s.
[Title 84 RCW—page 86]
c 8 § 1; 1925 ex.s. c 130 § 59; 1897 c 71 § 48; RRS §
11142.]
84.40.085 Limitation period for assessment of
omitted property or value—Notification to taxpayer of
omission—Procedure. No omitted property or omitted
value assessment shall be made for any period more than
three years preceding the year in which the omission is discovered. The assessor, upon discovery of such omission,
shall forward a copy of the amended personal property
affidavit along with a letter of particulars informing the
taxpayer of the findings and of the taxpayer’s right of appeal
to the county board of equalization. Upon request of either
the taxpayer or the assessor, the county board of equalization
may be reconvened to act on the omitted property or omitted
value assessments. [1994 c 124 § 22; 1973 2nd ex.s. c 8 §
2.]
84.40.090 Taxing districts to be designated—
Separate assessments. It shall be the duty of assessors,
when assessing real or personal property, to designate the
name or number of each taxing district in which each person
and each description of property assessed is liable for taxes.
When the real and personal property of any person is
assessable in several taxing districts, the amount in each
shall be assessed separately. [1994 c 301 § 38; 1961 c 15
§ 84.40.090. Prior: 1925 ex.s. c 130 § 62; 1897 c 71 § 51;
1893 c 124 § 52; 1891 c 140 § 52; 1890 p 551 § 57; RRS
§ 11145.]
84.40.110 Examination under oath—Default listing.
When the assessor shall be of opinion that the person listing
property for himself or for any other person, company or
corporation, has not made a full, fair and complete list of
such property, he may examine such person under oath in
regard to the amount of the property he is required to list,
and if such person shall refuse to answer under oath, and a
full discovery make, the assessor may list the property of
such person, or his principal, according to his best judgment
and information. [1961 c 15 § 84.40.110. Prior: 1925 ex.s.
c 130 § 24; 1897 c 71 § 17; 1893 c 124 § 17; 1891 c 140 §
17; 1890 p 535 § 15; Code 1881 § 2831; 1867 p 62 § 8;
RRS § 11128.]
84.40.120 Oaths, who may administer—Criminal
penalty for wilful false listing. Any oath authorized to be
administered under this title may be administered by any
assessor or deputy assessor, or by any other officer having
authority to administer oaths. Any person wilfully making
a false list, schedule or statement under oath shall be liable
as in case of perjury. [1961 c 15 § 84.40.120. Prior: 1925
ex.s. c 130 § 67; 1897 c 71 § 57; 1893 c 124 § 58; 1891 c
140 § 58; 1890 p 553 § 63; RRS § 11150.]
84.40.130 Penalty for failure or refusal to list—
False or fraudulent listing, additional penalty. (1) If any
person or corporation shall fail or refuse to deliver to the
assessor, on or before the date specified in RCW 84.40.040,
a list of the taxable personal property which is required to be
listed under this chapter, unless it is shown that such failure
is due to reasonable cause and not due to wilful neglect,
(2002 Ed.)
Listing of Property
there shall be added to the amount of tax assessed against
the taxpayer on account of such personal property five
percent of the amount of such tax, not to exceed fifty dollars
per calendar day, if the failure is for not more than one
month, with an additional five percent for each additional
month or fraction thereof during which such failure continues not exceeding twenty-five percent in the aggregate.
Such penalty shall be collected in the same manner as the
tax to which it is added.
(2) If any person or corporation shall wilfully give a
false or fraudulent list, schedule or statement required by this
chapter, or shall, with intent to defraud, fail or refuse to
deliver any list, schedule or statement required by this
chapter, such person or corporation shall be liable for the
additional tax properly due or, in the case of wilful failure
or refusal to deliver such list, schedule or statement, the total
tax properly due; and in addition such person or corporation
shall be liable for a penalty of one hundred percent of such
additional tax or total tax as the case may be. Such penalty
shall be in lieu of the penalty provided for in subsection (1)
of this section. A person or corporation giving a false list,
schedule or statement shall not be subject to this penalty if
it is shown that the misrepresentations contained therein are
entirely attributable to reasonable cause. The taxes and
penalties provided for in this subsection shall be recovered
in an action in the name of the state of Washington on the
complaint of the county assessor or the county legislative
authority and shall, when collected, be paid into the county
treasury to the credit of the current expense fund. The
provisions of this subsection shall be additional and supplementary to any other provisions of law relating to recovery
of property taxes. [1988 c 222 § 17; 1967 ex.s. c 149 § 38;
1961 c 15 § 84.40.130. Prior: 1925 ex.s. c 130 § 51; 1897
c 71 § 41; 1893 c 124 § 41; 1891 c 140 § 41; 1890 p 546 §
45; Code 1881 § 2835; RRS § 11132.]
Effective date—1988 c 222: See note following RCW 84.40.040.
Effective date—1967 ex.s. c 149: See note following RCW
82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.150 Sick or absent persons—May report to
board of equalization. If any person required to list
property for taxation and provide the assessor with the list,
is prevented by sickness or absence from giving to the
assessor such statement, such person or his or her agent
having charge of such property, may, at any time before the
close of the session of the board of equalization, make out
and deliver to said board a statement of the same as required
by this title, and the board shall, in such case, make an entry
thereof, and correct the corresponding item or items in the
return made by the assessor, as the case may require; but no
such statement shall be received by the said board from any
person who refused or neglected to make oath to his or her
statement when required by the assessor as provided herein;
nor from any person unless he or she makes and files with
the said board an affidavit that he or she was absent from his
or her county, without design to avoid the listing of his or
her property, or was prevented by sickness from giving the
assessor the required statement when called on for that
purpose. [1993 c 33 § 3; 1961 c 15 § 84.40.150. Prior:
(2002 Ed.)
84.40.130
1925 ex.s. c 130 § 66; 1897 c 71 § 55; 1893 c 124 § 56;
1891 c 141 § 56; 1890 p 553 § 62; RRS § 11149.]
Effective date—1993 c 33: See note following RCW 82.49.060.
84.40.160 Manner of listing real estate—Maps. The
assessor shall list all real property according to the largest
legal subdivision as near as practicable. The assessor shall
make out in the plat and description book in numerical order
a complete list of all lands or lots subject to taxation,
showing the names and owners, if to him known and if
unknown, so stated; the number of acres and lots or parts of
lots included in each description of property and the value
per acre or lot: PROVIDED, That the assessor shall give to
each tract of land where described by metes and bounds a
number, to be designated as Tax No. . . . ., which said
number shall be placed on the tax rolls to indicate that
certain piece of real property bearing such number, and
described by metes and bounds in the plat and description
book herein mentioned, and it shall not be necessary to enter
a description by metes and bounds on the tax roll of the
county, and the assessor’s plat and description book shall be
kept as a part of the tax collector’s records: AND PROVIDED, FURTHER, That the board of county commissioners of
any county may by order direct that the property be listed
numerically according to lots and blocks or section, township
and range, in the smallest platted or government subdivision,
and when so listed the value of each block, lot or tract, the
value of the improvements thereon and the total value thereof, including improvements thereon, shall be extended after
the description of each lot, block or tract, which last extension shall be in the column headed "Total value of each
tract, lot or block of land assessed with improvements as
returned by the assessor." In carrying the values of said
property into the column representing the equalized value
thereof, the county assessor shall include and carry over in
one item the equalized valuation of all lots in one block, or
land in one section, listed consecutively, which belong to
any one person, firm or corporation, and are situated within
the same taxing district, and in the assessed value of which
the county board of equalization has made no change.
Where assessed valuations are changed, the equalized valuation must be extended and shown by item.
The assessor shall prepare and possess a complete set of
maps drawn to indicate parcel configuration for lands in the
county. The assessor shall continually update the maps to
reflect transfers, conveyances, acquisitions, or any other
transaction or event that changes the boundaries of any parcel and shall renumber the parcels or prepare new map pages
for any portion of the maps to show combinations or
divisions of parcels. [1997 c 135 § 1; 1961 c 15 §
84.40.160. Prior: 1925 ex.s. c 130 § 54; 1901 c 79 § 1;
1899 c 141 § 3; 1897 c 71 § 43; 1895 c 176 § 4; 1893 c 124
§ 45; 1891 c 140 § 45; 1890 p 548 § 49; RRS § 11137.]
84.40.170 Plat of irregular subdivided tracts—
Notice to owner—Surveys—Costs. (1) In all cases of
irregular subdivided tracts or lots of land other than any
regular government subdivision the assessor shall outline a
plat of such tracts or lots and notify the owner or owners
thereof with a request to have the same surveyed by the
county engineer, and cause the same to be platted into
[Title 84 RCW—page 87]
84.40.170
Title 84 RCW: Property Taxes
numbered (or lettered) lots or tracts. If any county has in its
possession the correct field notes of any such tract or lot of
land a new survey shall not be necessary and such tracts
may be mapped from such field notes. In case the owner of
such tracts or lots neglects or refuses to have the same
surveyed or platted, the assessor shall notify the county
legislative authority in and for the county, who may order
and direct the county engineer to make the proper survey
and plat of the tracts and lots. A plat shall be made on
which said tracts or lots of land shall be accurately described
by lines, and numbered (or lettered), which numbers (or
letters) together with number of the section, township and
range shall be distinctly marked on such plat, and the field
notes of all such tracts or lots of land shall describe each
tract or lot according to the survey, and such tract or lot
shall be numbered (or lettered) to correspond with its
number (or letter) on the map. The plat shall be given a
designated name by the surveyor thereof. When the survey,
plat, field notes and name of plat, shall have been approved
by the county legislative authority, the plat and field notes
shall be filed and recorded in the office of the county
auditor, and the description of any tract or lot of land
described in said plats by number (or letter), section, township and range, shall be a sufficient and legal description for
revenue and all other purposes.
(2) Upon the request of eighty percent of the owners of
the property to be surveyed and the approval of the county
legislative authority, the county assessor may charge for
actual costs and file a lien against the subject property if the
costs are not repaid within ninety days of notice of completion, which may be collected as if such charges had been
levied as a property tax. [1994 c 301 § 39; 1994 c 124 §
23; 1961 c 15 § 84.40.170. Prior: 1925 ex.s. c 130 § 53;
1901 c 124 §§ 1, 2, 3; 1891 c 140 § 45; RRS § 11136.]
Effective date—Severability—1975-’76 2nd ex.s. c 61: See RCW
82.29A.900 and 82.29A.910.
Leasehold excise tax: Chapter 82.29A RCW.
Reviser’s note: This section was amended by 1994 c 124 § 23 and
by 1994 c 301 § 39, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
84.40.190 Statement of personalty to be delivered
to assessor—Signatures—Liability. Every person required
by this title to list property shall make out and deliver to the
assessor, or to the department as required by RCW
84.40.065, either in person, by mail, or by electronic
transmittal, a statement, verified under penalty of perjury, of
all the personal property in his or her possession or under his
or her control, and which, by the provisions of this title, he
or she is required to list for taxation, either as owner or
holder thereof. Each list, schedule or statement required by
this chapter shall be signed by the individual if the person
required to make the same is an individual; by the president,
vice-president, treasurer, assistant treasurer, chief accounting
officer or any other officer duly authorized to so act if the
person required to make the same is a corporation; by a
responsible and duly authorized member or officer having
knowledge of its affairs, if the person required to make the
same is a partnership or other unincorporated organization;
or by the fiduciary, if the person required to make the same
is a trust or estate. The list, schedule, or statement may be
made and signed for the person required to make the same
by an agent who is duly authorized to do so by a power of
attorney filed with and approved by the assessor. When any
list, schedule, or statement is made and signed by such
agent, the principal required to make out and deliver the
same shall be responsible for the contents and the filing
thereof and shall be liable for the penalties imposed pursuant
84.40.175 Listing of exempt property—Proof of
exemption—Valuation of publicly owned property. At
the time of making the assessment of real property, the
assessor shall enter each description of property exempt
under the provisions of chapter 84.36 RCW, and value and
list the same in the manner and subject to the same rule as
the assessor is required to assess all other property, designating in each case to whom such property belongs.
However, with respect to publicly owned property exempt
from taxation under provisions of RCW 84.36.010, the assessor shall value only such property as is leased to or occupied
by a private person under an agreement allowing such person
to occupy or use such property for a private purpose when
a request for such valuation is received from the department
of revenue or the lessee of such property for use in determining the taxable rent as provided for in chapter 82.29A
RCW: PROVIDED FURTHER, That this section shall not
prohibit any assessor from valuing any public property
leased to or occupied by a private person for private purposes. [1994 c 124 § 24; 1986 c 285 § 3; 1975-’76 2nd ex.s.
c 61 § 15; 1961 c 15 § 84.40.175. Prior: 1925 ex.s. c 130
§ 9; 1891 c 140 § 5; 1890 p 532 § 5; RRS § 11113.
Formerly RCW 84.36.220.]
[Title 84 RCW—page 88]
84.40.178 Exempt residential property—
Maintenance of assessed valuation—Notice of change.
The assessor shall maintain an assessed valuation in accordance with the approved revaluation cycle for a residence
owned by a person qualifying for exemption under RCW
84.36.381 in addition to the valuation required under RCW
84.36.381(6). Upon a change in the true and fair value of
the residence, the assessor shall notify the person qualifying
for exemption under RCW 84.36.381 of the new true and
fair value and that the new true and fair value will be used
to compute property taxes if the property fails to qualify for
exemption under RCW 84.36.381. [1995 1st sp.s. c 8 § 3.]
Application—Severability—Effective date—1995 1st sp.s. c 8: See
notes following RCW 84.36.381.
84.40.185 Individuals, corporations, limited liability
companies, associations, partnerships, trusts, or estates
required to list personalty. Every individual, corporation,
limited liability company, association, partnership, trust, or
estate shall list all personal property in his or its ownership,
possession, or control which is subject to taxation pursuant
to the provisions of this title. Such listing shall be made and
delivered in accordance with the provisions of this chapter.
[1995 c 318 § 5; 1967 ex.s. c 149 § 41.]
Effective date—1995 c 318: See note following RCW 82.04.030.
Effective date—1967 ex.s. c 149: See note following RCW
82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
(2002 Ed.)
Listing of Property
to RCW 84.40.130. No person shall be required to list for
taxation in his statement to the assessor any share or portion
of the capital stock, or of any of the property of any company, association or corporation, which such person may hold
in whole or in part, where such company, being required so
to do, has listed for assessment and taxation its capital stock
and property with the department of revenue, or as otherwise
required by law. [2001 c 185 § 13; 1993 c 33 § 4; 1967
ex.s. c 149 § 39; 1961 c 15 § 84.40.190. Prior: 1945 c 56
§ 1; 1925 ex.s. c 130 § 22; 1897 c 71 § 15; 1893 c 124 §
15; 1891 c 140 § 15; 1890 p 535 § 15; Code 1881 § 2834;
Rem. Supp. 1945 § 11126.]
Effective date—1993 c 33: See note following RCW 82.49.060.
Effective date—1967 ex.s. c 149: See note following RCW
82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.200 Listing of personalty on failure to obtain
statement—Statement of valuation to person assessed or
listing—Exemption. (1) In all cases of failure to obtain a
statement of personal property, from any cause, it shall be
the duty of the assessor to ascertain the amount and value of
such property and assess the same at such amount as he or
she believes to be the true value thereof.
(2) The assessor, in all cases of the assessment of
personal property, shall deliver or mail to the person
assessed, or to the person listing the property, a copy of the
statement of property hereinbefore required, showing the
valuation of the property so listed.
(3) This section does not apply to the listing required
under RCW 84.40.065. [1993 c 33 § 5; 1987 c 319 § 3;
1961 c 15 § 84.40.200. Prior: 1939 c 206 § 18; 1925 ex.s.
c 130 § 64; 1897 c 71 § 53; 1893 c 124 § 54; 1891 c 140 §
54; 1890 p 551 § 59; RRS § 11147.]
Effective date—1993 c 33: See note following RCW 82.49.060.
84.40.210 Personalty of manufacturer, listing
procedure, statement—"Manufacturer" defined. Every
person who purchases, receives or holds personal property of
any description for the purpose of adding to the value
thereof by any process of manufacturing, refining, rectifying,
or by the combination of different materials with the view of
making gain or profit by so doing shall be held to be a
manufacturer, and he shall, when required to, make and
deliver to the assessor a statement of the amount of his other
personal property subject to taxes, also include in his
statement the value of all articles purchased, received or
otherwise held for the purpose of being used in whole or in
part in any process or processes of manufacturing, combining, rectifying or refining. Every person owning a manufacturing establishment of any kind and every manufacturer
shall list as part of his manufacturer’s stock the value of all
engines and machinery of every description used or designed
to be used in any process of refining or manufacturing
except such fixtures as have been considered as part of any
parcel of real property, including all tools and implements of
every kind, used or designed to be used for the first aforesaid purpose. [1961 c 168 § 1; 1961 c 15 § 84.40.210.
Prior: 1939 c 66 § 1; 1927 c 282 § 1; 1925 ex.s. c 130 §
(2002 Ed.)
84.40.190
26; 1921 c 60 § 1; 1897 c 71 § 19; 1893 c 124 § 19; 1891
c 140 § 19; 1890 p 538 § 20; RRS § 11130.]
84.40.220 Merchant’s personalty held for sale—
Consignment from out of state—Nursery stock assessable
as growing crops. Whoever owns, or has in his possession
or subject to his control, any goods, merchandise, grain or
produce of any kind, or other personal property within this
state, with authority to sell the same, which has been
purchased either in or out of this state, with a view to being
sold at an advanced price or profit, or which has been
consigned to him from any place out of this state for the
purpose of being sold at any place within the state, shall be
held to be a merchant, and when he is by this title required
to make out and to deliver to the assessor a statement of his
other personal property, he shall state the value of such
property pertaining to his business as a merchant. No consignee shall be required to list for taxation the value of any
property the product of this state, nor the value of any
property consigned to him from any other place for the sole
purpose of being stored or forwarded, if he has no interest
in such property nor any profit to be derived from its sale.
The growing stock of nurserymen, which is owned by the
original producer thereof or which has been held or possessed by the nurserymen for one hundred eighty days or
more, shall, whether personal or real property, be considered
the same as growing crops on cultivated lands: PROVIDED,
That the nurserymen be licensed by the department of
agriculture: PROVIDED FURTHER, That an original
producer, within the meaning of this section, shall include a
person who, beginning with seeds, cuttings, bulbs, corms, or
any form of immature plants, grows such plants in the
course of their development into either a marketable partially
grown product or a marketable consumer product. [1974
ex.s. c 83 § 1; 1971 ex.s. c 18 § 1; 1961 c 15 § 84.40.220.
Prior: 1939 c 116 § 1; 1925 ex.s. c 130 § 25; 1897 c 71 §
18; 1893 c 124 § 18; 1891 c 140 § 18; 1890 p 537 § 19;
Code 1881 § 2839; RRS § 11129. Formerly RCW
84.40.030, part, and 84.40.220.]
84.40.230 Contract to purchase public land. When
any real property is sold on contract by the United States of
America, the state, or any county or municipality, and the
contract expresses or implies that the vendee is entitled to
the possession, use, benefits and profits thereof and therefrom so long as the vendee complies with the terms of the
contract, it shall be deemed that the vendor retains title
merely as security for the fulfillment of the contract, and the
property shall be assessed and taxed in the same manner as
other similar property in private ownership is taxed, and the
tax roll shall contain, opposite the description of the property
so assessed the following notation: "Subject to title remaining in the vendor" or other notation of similar significance. No foreclosure for delinquent taxes nor any deed
issued pursuant thereto shall extinguish or otherwise affect
the title of the vendor. In any case under former law where
the contract and not the property was taxed no deed of the
property described in such contract shall ever be executed
and delivered by the state or any county or municipality until
all taxes assessed against such contract and local assessments
assessed against the land described thereon are fully paid.
[Title 84 RCW—page 89]
84.40.230
Title 84 RCW: Property Taxes
[1994 c 124 § 25; 1961 c 15 § 84.40.230. Prior: 1947 c
231 § 1; 1941 c 79 § 1; 1925 ex.s. c 137 § 33; 1897 c 71 §
26; 1893 c 124 § 26; 1891 c 140 § 26; 1890 p 540 § 25;
Rem. Supp. 1947 § 11133.]
84.40.240 Annual list of lands sold or contracted to
be sold to be furnished assessor. The assessor of each
county shall, on or before the first day of January of each
year, obtain from the department of natural resources, and
from the local land offices of the state, lists of public lands
sold or contracted to be sold during the previous year in his
county, and certify them for taxation, together with the
various classes of state lands sold during the same year, and
it shall be the duty of the department of natural resources to
certify a list or lists of all public lands sold or contracted to
be sold during the previous year, on application of the
assessor of any county applying therefor. [1961 c 15 §
84.40.240. Prior: 1939 c 206 § 10; 1925 ex.s. c 130 § 10;
1897 c 71 § 91; 1893 c 124 § 94; 1891 c 140 § 26; 1890 p
540 § 25; RRS § 11114.]
84.40.315 Federal agencies and property taxable
when federal law permits. Notwithstanding the provisions
of RCW 84.36.010 or anything to the contrary in the laws of
the state of Washington, expressed or implied, the United
States and its agencies and instrumentalities and their
property are hereby declared to be taxable, and shall be
taxed under the existing laws of this state or any such laws
hereafter enacted, whenever and in such manner as such
taxation may be authorized or permitted under the laws of
the United States. [1961 c 15 § 84.40.315. Prior: 1945 c
142 § 1; Rem. Supp. 1945 § 11150-1. Formerly RCW
84.08.180.]
84.40.320 Detail and assessment lists to board of
equalization. The assessor shall add up and note the
amount of each column in the detail and assessment lists in
such manner as prescribed or approved by the state department of revenue, as will provide a convenient and permanent
record of assessment. The assessor shall also make, under
proper headings, a certification of the assessment rolls and
on the 15th day of July shall file the same with the clerk of
the county board of equalization for the purpose of equalization by the said board. Such certificate shall be verified by
an affidavit, substantially in the following form:
State of Washington, . . . . . . County, ss.
I, . . . . . ., Assessor . . . . . ., do solemnly swear that
the assessment rolls and this certificate contain a correct and
full list of all the real and personal property subject to
taxation in this county for the assessment year 19. . ., so far
as I have been able to ascertain the same; and that the
assessed value set down in the proper column, opposite the
several kinds and descriptions of property, is in each case,
except as otherwise provided by law, one hundred percent of
the true and fair value of such property, to the best of my
knowledge and belief, and that the assessment rolls and this
certificate are correct, as I verily believe.
[Title 84 RCW—page 90]
. . . . . . . . . . . . . . , Assessor.
Subscribed and sworn to before me this . . . . day of
. . . . . ., 19. . .
(L. S.) . . . . . ., Auditor of . . . . . . county.
PROVIDED, That the failure of the assessor to complete the
certificate shall in nowise invalidate the assessment. After
the same has been duly equalized by the county board of
equalization, the same shall be delivered to the county
assessor. [1988 c 222 § 18; 1975 1st ex.s. c 278 § 195;
1973 1st ex.s. c 195 § 98; 1961 c 15 § 84.40.320. Prior:
1937 c 121 § 1; 1925 ex.s. c 130 § 65; 1897 c 71 § 54;
1893 c 124 § 55; 1891 c 140 § 55; 1890 p 552 § 60; RRS
§ 11148.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
84.40.335 Lists, schedules or statements to contain
declaration that falsification subject to perjury. Any list,
schedule or statement required by this chapter shall contain
a written declaration that any person signing the same and
knowing the same to be false shall be subject to the penalties
of perjury. [1967 ex.s. c 149 § 42.]
Effective date—1967 ex.s. c 149: See note following RCW
82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.340 Verification by assessor of any list, statement, or schedule—Confidentiality, penalty. For the
purpose of verifying any list, statement, or schedule required
to be furnished to the assessor by any taxpayer, any assessor
or his trained and qualified deputy at any reasonable time
may visit, investigate and examine any personal property,
and for this purpose the records, accounts and inventories
also shall be subject to any such visitation, investigation and
examination which shall aid in determining the amount and
valuation of such property. Such powers and duties may be
performed at any office of the taxpayer in this state, and the
taxpayer shall furnish or make available all such information
pertaining to property in this state to the assessor although
the records may be maintained at any office outside this
state.
Any information or facts obtained pursuant to this
section shall be used by the assessor only for the purpose of
determining the assessed valuation of the taxpayer’s property: PROVIDED, That such information or facts shall also be
made available to the department of revenue upon request
for the purpose of determining any sales or use tax liability
with respect to personal property, and except in a civil or
criminal judicial proceeding or an administrative proceeding
in respect to penalties imposed pursuant to RCW 84.40.130,
to such sales or use taxes, or to the assessment or valuation
for tax purposes of the property to which such information
and facts relate, shall not be disclosed by the assessor or the
department of revenue without the permission of the taxpayer to any person other than public officers or employees
whose duties relate to valuation of property for tax purposes
or to the imposition and collection of sales and use taxes,
and any violation of this secrecy provision shall constitute a
(2002 Ed.)
Listing of Property
gross misdemeanor. [1997 c 239 § 3; 1973 1st ex.s. c 74 §
1; 1967 ex.s. c 149 § 40; 1961 ex.s. c 24 § 6.]
Effective date—1967 ex.s. c 149: See note following RCW
82.04.050.
Savings—1967 ex.s. c 149: See RCW 82.98.035.
Severability—1967 ex.s. c 149: See note following RCW 82.98.030.
84.40.343 Mobile homes—Identification of. In the
assessment of any mobile home, the assessment record shall
contain a description of the mobile home including the make,
model, and serial number. The property tax roll shall
identify any mobile home. [1985 c 395 § 8.]
84.40.344 Mobile homes—Avoidance of payment of
tax—Penalty. Every person who wilfully avoids the
payment of personal property taxes on mobile homes subject
to such tax under the laws of this state shall be guilty of a
misdemeanor. [1971 ex.s. c 299 § 75.]
Effective date—1971 ex.s. c 299: See RCW 82.50.901(3).
Severability—1971 ex.s. c 299: See note following RCW 82.04.050.
84.40.350 Assessment and taxation of property
losing exempt status. Real property, previously exempt
from taxation, shall be assessed and taxed as provided in
RCW 84.40.350 through 84.40.390 when transferred to
private ownership by any exempt organization including the
United States of America, the state or any political subdivision thereof by sale or exchange or by a contract under
conditions provided for in RCW 84.40.230 or when the
property otherwise loses its exempt status. [1984 c 220 §
13; 1971 ex.s. c 44 § 2.]
84.40.360 Loss of exempt status—Property subject
to pro rata portion of taxes for remainder of year.
Property which no longer retains its exempt status shall be
subject to a pro rata portion of the taxes allocable to the
remaining portion of the year after the date that the property
lost its exempt status. If a portion of the property has lost
its exempt status, only that portion shall be subject to tax
under this section. [1984 c 220 § 14; 1971 ex.s. c 44 § 3.]
84.40.370 Loss of exempt status—Valuation date—
Extension on rolls. The assessor shall list the property and
assess it with reference to its value on the date the property
lost its exempt status unless such property has been previously listed and assessed. He shall extend the taxes on the
tax roll using the rate of percent applicable as if the property
had been assessed in the previous year. [1984 c 220 § 15;
1971 ex.s. c 44 § 4.]
84.40.380 Loss of exempt status—When taxes due
and payable—Dates of delinquency—Interest. All taxes
made payable pursuant to the provisions of RCW 84.40.350
through 84.40.390 shall be due and payable to the county
treasurer on or before the thirtieth day of April in the event
the date of execution of the instrument of transfer occurs
prior to that date unless the time of payment is extended
under the provisions of RCW 84.56.020. Such taxes shall be
due and payable on or before the thirty-first day of October
in the event the date the property lost its exempt status is
(2002 Ed.)
84.40.340
subsequent to the thirtieth day of April but prior to the
thirty-first day of October. In all other cases such taxes
shall be due and payable within thirty days after the date the
property lost its exempt status. In no case, however, shall
the taxes be due and payable less than thirty days from the
date the property lost its exempt status. All taxes due and
payable after the dates herein shall become delinquent, and
interest at the rate specified in RCW 84.56.020 for delinquent property taxes shall be charged upon such unpaid taxes
from the date of delinquency until paid. [1984 c 220 § 16;
1971 ex.s. c 44 § 5.]
84.40.390 Loss of exempt status—Taxes constitute
lien on property. Taxes made due and payable under RCW
84.40.350 through 84.40.390 shall be a lien on the property
from the date the property lost its exempt status. [1984 c
220 § 17; 1971 ex.s. c 44 § 6.]
84.40.405 Rules for agricultural products and
business inventories. The department of revenue shall
promulgate such rules and regulations, and prescribe such
procedures as it deems necessary to carry out RCW
84.36.470 and 84.36.477. [2001 c 187 § 20; 2000 c 103 §
28; 1985 c 7 § 156; 1983 1st ex.s. c 62 § 10; 1974 ex.s. c
169 § 9.]
Application—2001 c 187: See note following RCW 84.40.020.
Short title—Intent—Effective dates—Applicability—1983 1st ex.s.
c 62: See notes following RCW 84.36.477.
Severability—Effective date—Intent—1974 ex.s. c 169: See notes
following RCW 82.04.444.
84.40.410 Valuation and assessment of certain leasehold interests. A leasehold interest consisting of three
thousand or more residential and recreational lots that are or
may be subleased for residential and recreational purposes,
together with any improvements thereon, shall be assessed
and taxed in the same manner as privately owned real
property. The sublessee of each lot, or the lessee if not
subleased, is liable for the property tax on the lot and
improvements thereon. If property tax for a lot or improvements thereon remains unpaid for more than three years
from the date of delinquency, including any property taxes
that are delinquent as of July 22, 2001, the county treasurer
may proceed to collect the tax in the same manner as for
other property, except that the lessor’s interest in the
property shall not be extinguished as a result of any action
for the collection of tax. Collection of property taxes assessed on any such lot shall be enforceable by foreclosure
proceedings against any improvement located on such lot, in
accordance with real property foreclosure proceedings
authorized in chapter 84.64 RCW. Collection of property
taxes assessed against any mobile home located on any such
lot shall proceed in the same manner as with mobile homes
located on private property. [2001 c 26 § 3.]
Application—2001 c 26 §§ 2 and 3: "Sections 2 and 3 of this act
apply to taxes levied for collection in 2002 and thereafter." [2001 c 26 §
5.]
[Title 84 RCW—page 91]
Chapter 84.41
Title 84 RCW: Property Taxes
Chapter 84.41
REVALUATION OF PROPERTY
Sections
84.41.010
84.41.020
84.41.030
84.41.041
84.41.050
84.41.060
84.41.070
84.41.080
84.41.090
84.41.100
84.41.110
84.41.120
Declaration of policy.
Scope of chapter.
Revaluation program to be on continuous basis—
Revaluation schedule—Effect of other proceedings on
valuation.
Physical inspection and valuation of taxable property required—Adjustments during intervals based on statistical
data.
Budget, levy, to provide funds.
Assistance by department of revenue at request of assessor.
Finding of unsatisfactory progress—Notice—Duty of county
legislative authority.
Contracts for special assistance.
Department to establish statistical methods—Publication of
rules, regulations, and guides—Compliance required.
Assessor may appoint deputies and engage expert appraisers.
Appraisers to act in advisory capacity.
Assessor to keep records—Orders of department of revenue,
compliance enjoined, remedies.
Assessor’s annual reports.
and systematic program of revaluation on a continuous basis,
and shall establish a revaluation schedule which will result
in revaluation of all taxable real property within the county
at least once each four years and physical inspection of all
taxable real property within the county at least once each six
years. Each county assessor may disregard any program of
revaluation, if requested by a property owner, and change, as
appropriate, the valuation of real property upon the receipt
of a notice of decision received under RCW 36.70B.130,
*90.60.160, or chapter 35.22, 35.63, 35A.63, or 36.70 RCW
pertaining to the value of the real property. [1996 c 254 §
7; 1982 1st ex.s. c 46 § 1; 1971 ex.s. c 288 § 6; 1961 c 15
§ 84.41.030. Prior: 1955 c 251 § 3.]
*Reviser’s note: RCW 90.60.160 was decodified September 2001.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.41.010 Declaration of policy. Recent comprehensive studies by the legislative council have disclosed gross
inequality and nonuniformity in valuation of real property for
tax purposes throughout the state. Serious nonuniformity in
valuations exists both between similar property within the
various taxing districts and between general levels of
valuation of the various counties. Such nonuniformity
results in inequality in taxation contrary to standards of
fairness and uniformity required and established by the
Constitution and is of such flagrant and widespread occurrence as to constitute a grave emergency adversely affecting
state and local government and the welfare of all the people.
Traditional public policy of the state has vested large
measure of control in matters of property valuation in county
government, and the state hereby declares its purpose to
continue such policy. However, present statutes and practices thereunder have failed to achieve the measure of
uniformity required by the Constitution; the resultant
widespread inequality and nonuniformity in valuation of
property can and should no longer be tolerated. It thus
becomes necessary to require general revaluation of property
throughout the state. [1961 c 15 § 84.41.010. Prior: 1955
c 251 § 1.]
84.41.020 Scope of chapter. This chapter does not,
and is not intended to affect procedures whereby taxes are
imposed either for local or state purposes. This chapter
concerns solely the administrative procedures by which the
true and fair value in money of property is determined. The
process of valuation, which is distinct and separate from the
process of levying and imposing a tax, does not result either
in the imposition of a tax or the determination of the amount
of a tax. This chapter is intended to, and applies only to
procedures and methods whereby the value of property is
ascertained. [1961 c 15 § 84.41.020. Prior: 1955 c 251 §
2.]
84.41.041 Physical inspection and valuation of
taxable property required—Adjustments during intervals
based on statistical data. Each county assessor shall cause
taxable real property to be physically inspected and valued
at least once every six years in accordance with RCW
84.41.030, and in accordance with a plan filed with and
approved by the department of revenue. Such revaluation
plan shall provide that a reasonable portion of all taxable
real property within a county shall be revalued and these
newly-determined values placed on the assessment rolls each
year. The department may approve a plan that provides that
all property in the county be revalued every two years. If
the revaluation plan provides for physical inspection at least
once each four years, during the intervals between each
physical inspection of real property, the valuation of such
property may be adjusted to its current true and fair value,
such adjustments to be based upon appropriate statistical
data. If the revaluation plan provides for physical inspection
less frequently than once each four years, during the intervals between each physical inspection of real property, the
valuation of such property shall be adjusted to its current
true and fair value, such adjustments to be made once each
year and to be based upon appropriate statistical data.
The assessor may require property owners to submit
pertinent data respecting taxable property in their control
including data respecting any sale or purchase of said
property within the past five years, the cost and characteristics of any improvement on the property and other facts
necessary for appraisal of the property. [2001 c 187 § 21;
1997 c 3 § 108 (Referendum Bill No. 47, approved November 4, 1997); 1987 c 319 § 4; 1982 1st ex.s. c 46 § 2; 1979
ex.s. c 214 § 9; 1974 ex.s. c 131 § 2.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
84.41.130
84.41.030 Revaluation program to be on continuous
basis—Revaluation schedule—Effect of other proceedings
on valuation. Each county assessor shall maintain an active
[Title 84 RCW—page 92]
84.41.050 Budget, levy, to provide funds. Each
county assessor in budgets hereafter submitted, shall make
adequate provision to effect county-wide revaluations as
herein directed. The several boards of county commissioners
in passing upon budgets submitted by the several assessors,
shall authorize and levy amounts which in the judgment of
(2002 Ed.)
Revaluation of Property
the board will suffice to carry out the directions of this
chapter. [1961 c 15 § 84.41.050. Prior: 1955 c 251 § 5.]
84.41.060 Assistance by department of revenue at
request of assessor. Any county assessor may request
special assistance from the department of revenue in the
valuation of property which either (1) requires specialized
knowledge not otherwise available to the assessor’s staff, or
(2) because of an inadequate staff, cannot be completed by
the assessor within the time required by this chapter. After
consideration of such request the department of revenue shall
advise the assessor that such request is either approved or
rejected in whole or in part. Upon approval of such request,
the department of revenue may assist the assessor in the
valuation of such property in such manner as the department
of revenue, in its discretion, considers proper and adequate.
[1975 1st ex.s. c 278 § 197; 1961 c 15 § 84.41.060. Prior:
1955 c 251 § 6.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.41.070 Finding of unsatisfactory progress—
Notice—Duty of county legislative authority. If the
department of revenue finds upon its own investigation, or
upon a showing by others, that the revaluation program for
any county is not proceeding for any reason as herein
directed, the department of revenue shall advise both the
county legislative authority and the county assessor of such
finding. Within thirty days after receiving such advice, the
county legislative authority, at regular or special session,
either (1) shall authorize such expenditures as will enable the
assessor to complete the revaluation program as herein
directed, or (2) shall direct the assessor to request special
assistance from the department of revenue for aid in effectuating the county’s revaluation program. [1994 c 301 § 40;
1975 1st ex.s. c 278 § 198; 1961 c 15 § 84.41.070. Prior:
1955 c 251 § 7.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.41.080 Contracts for special assistance. Upon
receiving a request from the county assessor, either upon his
initiation or at the direction of the board of county commissioners, for special assistance in the county’s revaluation
program, the department of revenue may, before undertaking
to render such special assistance, negotiate a contract with
the board of county commissioners of the county concerned.
Such contracts as are negotiated shall provide that the county
will reimburse the state for fifty percent of the costs of such
special assistance within three years of the date of expenditure of such costs. All such reimbursements shall be paid to
the department of revenue for deposit to the state general
fund. The department of revenue shall keep complete
records of such contracts, including costs incurred, payments
received, and services performed thereunder. [1975 1st ex.s.
c 278 § 199; 1961 c 15 § 84.41.080. Prior: 1955 c 251 §
8.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
(2002 Ed.)
84.41.050
84.41.090 Department to establish statistical
methods—Publication of rules, regulations, and guides—
Compliance required. The department of revenue shall by
rule establish appropriate statistical methods for use by
assessors in adjusting the valuation of property between
physical inspections. The department of revenue shall make
and publish such additional rules, regulations and guides
which it determines are needed to supplement materials
presently published by the department of revenue for the
general guidance and assistance of county assessors. Each
assessor is hereby directed and required to value property in
accordance with the standards established by RCW
84.40.030 and in accordance with the applicable rules,
regulations and valuation manuals published by the department of revenue. [1982 1st ex.s. c 46 § 3; 1975 1st ex.s. c
278 § 200; 1961 c 15 § 84.41.090. Prior: 1955 c 251 § 9.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.41.100 Assessor may appoint deputies and
engage expert appraisers. See RCW 36.21.011.
84.41.110 Appraisers to act in advisory capacity.
Appraisers whose services may be obtained by contract or
who may be assigned by the department of revenue to assist
any county assessor shall act in an advisory capacity only,
and valuations made by them shall not in any manner be
binding upon the assessor, it being the intent herein that all
valuations made pursuant to this chapter shall be made and
entered by the assessor pursuant to law as directed herein.
[1975 1st ex.s. c 278 § 201; 1961 c 15 § 84.41.110. Prior:
1955 c 251 § 11.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.41.120 Assessor to keep records—Orders of
department of revenue, compliance enjoined, remedies.
Each county assessor shall keep such books and records as
are required by the rules and regulations of the department
of revenue and shall comply with any lawful order, rule or
regulation of the department of revenue.
Whenever it appears to the department of revenue that
any assessor has failed to comply with any of the provisions
of this chapter relating to his duties or the rules of the
department of revenue made in pursuance thereof, the
department of revenue, after a hearing on the facts, may
issue an order directing such assessor to comply with such
provisions of this chapter or rules of the department of
revenue. Such order shall be mailed by registered mail to
the assessor at the county court house. If, upon the expiration of fifteen days from the date such order is mailed, the
assessor has not complied therewith or has not taken
measures that will insure compliance within a reasonable
time, the department of revenue may apply to a judge of the
superior court or court commissioner of the county in which
such assessor holds office, for an order returnable within five
days from the date thereof to compel him to comply with
such provisions of law or of the order of the department of
revenue or to show cause why he should not be compelled
so to do. Any order issued by the judge pursuant to such
order to show cause shall be final. The remedy herein
[Title 84 RCW—page 93]
84.41.120
Title 84 RCW: Property Taxes
provided shall be cumulative and shall not exclude the
department of revenue from exercising any powers or rights
otherwise granted. [1975 1st ex.s. c 278 § 202; 1961 c 15
§ 84.41.120. Prior: 1955 c 251 § 12.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.41.130 Assessor’s annual reports. Each county
assessor, before October 15th each year, shall prepare and
submit to the department of revenue a detailed report of the
progress made in the revaluation program in his or her
county to the date of the report and be made a matter of
public record. Such report shall be submitted upon forms
supplied by the department of revenue and shall consist of
such information as the department of revenue requires.
[1998 c 245 § 171; 1975 1st ex.s. c 278 § 203; 1961 c 15 §
84.41.130. Prior: 1955 c 251 § 13.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Chapter 84.44
TAXABLE SITUS
Sections
84.44.010
84.44.020
84.44.030
84.44.050
84.44.080
84.44.090
Situs of personalty generally.
Gas, electric, water companies—Mains and pipes, as personalty.
Lumber and sawlogs.
Personalty of automobile transportation companies—Vessels,
boats and small craft.
Owner moving into state or to another county after January
1st.
Disputes over situs to be determined by department of revenue.
84.44.010 Situs of personalty generally. Personal
property, except such as is required in this title to be listed
and assessed otherwise, shall be listed and assessed in the
county where it is situated. [1994 c 301 § 41; 1961 c 15 §
84.44.010. Prior: 1925 ex.s. c 130 § 16; RRS § 11120;
prior: 1897 c 71 § 9; 1893 c 124 § 9; 1891 c 140 § 9; 1890
p 533 § 8; 1871 p 39 § 9; 1869 p 179 § 9.]
84.44.020 Gas, electric, water companies—Mains
and pipes, as personalty. The personal property of gas,
electric and water companies shall be listed and assessed in
the town or city where the same is located. Gas and water
mains and pipes laid in roads, streets or alleys, shall be held
to be personal property. [1961 c 15 § 84.44.020. Prior:
1925 ex.s. c 130 § 18; RRS § 11122; prior: 1897 c 71 § 11;
1893 c 124 § 11; 1891 c 140 § 11; 1890 p 534 § 10.]
84.44.030 Lumber and sawlogs. Lumber and
sawlogs shall be assessed and taxed in the county and taxing
district where the same may be situated at noon on the first
day of January of the assessment year: PROVIDED, That
if any lumber or sawlogs shall, at said time, be in intrastate
transit from one point to another within the state, the same
shall be assessed and taxed in the county and taxing districts
of their destination. [1961 c 15 § 84.44.030. Prior: 1941
c 155 § 1; 1939 c 206 § 12; 1925 ex.s. c 130 § 13; Rem.
Supp. 1941 § 11117; prior: 1907 c 108 § 3.]
[Title 84 RCW—page 94]
84.44.050 Personalty of automobile transportation
companies—Vessels, boats and small craft. The personal
property of automobile transportation companies owning,
controlling, operating or managing any motor propelled
vehicle used in the business of transporting persons and/or
property for compensation over any public highway in this
state between fixed termini or over a regular route, shall be
listed and assessed in the various counties where such
vehicles are operated, in proportion to the mileage of their
operations in such counties: PROVIDED, That vehicles
subject to chapter 82.44 RCW and trailer units exempt under
*RCW 82.44.020(4) shall not be listed or assessed for ad
valorem taxation so long as chapter 82.44 RCW remains in
effect. All vessels of every class which are by law required
to be registered, licensed or enrolled, must be assessed and
the taxes thereon paid only in the county of their actual
situs: PROVIDED, That such interest shall be taxed but
once. All boats and small craft not required to be registered
must be assessed in the county of their actual situs. [1998
c 321 § 42 (Referendum Bill No. 49, approved November 3,
1998); 1993 c 123 § 3; 1961 c 15 § 84.44.050. Prior: 1925
ex.s. c 130 § 17; RRS § 11121; prior: 1897 c 71 § 10; 1893
c 124 § 10; 1891 c 140 § 10; 1890 p 533 § 9.]
*Reviser’s note: RCW 82.44.020 was repealed by 2000 1st sp.s. c
1 § 2.
Purpose—Severability—1998 c 321: See notes following RCW
82.14.045.
Contingent effective dates—1998 c 321 §§ 23-42: See note
following RCW 35.58.410.
Effective date of 1993 c 102 and c 123—1993 sp.s. c 23: See note
following RCW 46.16.070.
84.44.080 Owner moving into state or to another
county after January 1st. The owner of personal property
removing from one county to another between the first day
of January and the first day of July shall be assessed in
either in which he is first called upon by the assessor. The
owner of personal property moving into this state from
another state between the first day of January and the first
day of July shall list the property owned by him on the first
day of January of such year in the county in which he
resides: PROVIDED, That if such person has been assessed
and can make it appear to the assessor that he is held for the
tax of the current year on the property in another state or
county, he shall not be again assessed for such year. [1961
c 15 § 84.44.080. Prior: 1939 c 206 § 13; 1925 ex.s. c 130
§ 14; RRS § 11118; prior: 1891 c 140 § 7; 1890 p 534 §
13.]
84.44.090 Disputes over situs to be determined by
department of revenue. In all questions that may arise
under this title as to the proper place to list personal property, or where the same cannot be listed as stated in this
title, if between several places in the same county, or
between different counties, or places in different counties,
the place for listing and assessing shall be determined and
fixed by the department of revenue; and when fixed in either
case shall be as binding as if fixed by this title. [1975 1st
ex.s. c 278 § 205; 1961 c 15 § 84.44.090. Prior: 1925 ex.s.
c 130 § 21; RRS § 11125; prior: 1897 c 71 § 14; 1893 c
124 § 14; 1891 c 140 § 14; 1890 p 535 § 14.]
(2002 Ed.)
Taxable Situs
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Chapter 84.48
EQUALIZATION OF ASSESSMENTS
Sections
84.48.010
County board of equalization—Formation—Per diem—
Meetings—Duties—Records—Correction of rolls—
Extending taxes—Change in valuation, release or commutation of taxes by county legislative authority prohibited.
84.48.014 County board of equalization—Composition of board—
Appointment—Qualifications.
84.48.018 County board of equalization—Chairman—Quorum.
84.48.022 County board of equalization—Meetings.
84.48.026 County board of equalization—Terms—Removal.
84.48.028 County board of equalization—Clerk—Assistants.
84.48.032 County board of equalization—Appraisers.
84.48.034 County board of equalization—Duration of order.
84.48.036 County board of equalization—Annual budget.
84.48.038 County board of equalization—Legal advisor.
84.48.042 County board of equalization—Training school.
84.48.046 County board of equalization—Operating manual.
84.48.050 Abstract of rolls to state auditor—State action if assessor
does not transmit, when.
84.48.065 Cancellation and correction of erroneous assessments and
assessments on property on which land use designation
is changed.
84.48.075 County indicated ratio—Determination by department—
Submission of preliminary ratio to assessor—Rules—
Use classes—Review of preliminary ratio—
Certification—Examination of assessment procedures—
Adjustment of ratio.
84.48.080 Equalization of assessments—Taxes for state purposes—
Procedure—Levy and apportionment—Hypothetical levy
for establishing consolidated levy—Rules—Record.
84.48.110 Transcript of proceedings to county assessors—Delinquent
tax for certain preceding years included.
84.48.120 Extension of state taxes.
84.48.130 Certification of assessed valuation to taxing districts.
84.48.140 Property tax advisor.
84.48.150 Valuation criteria including comparative sales to be made
available to taxpayer—Change.
84.48.200 Rules.
Appeals from county board of equalization: RCW 84.08.130
Reconvening county board of equalization: RCW 84.08.060.
84.48.010 County board of equalization—
Formation—Per diem—Meetings—Duties—Records—
Correction of rolls—Extending taxes—Change in valuation, release or commutation of taxes by county legislative authority prohibited. Prior to July 15th, the county
legislative authority shall form a board for the equalization
of the assessment of the property of the county. The
members of said board shall receive a per diem amount as
set by the county legislative authority for each day of actual
attendance of the meeting of the board of equalization to be
paid out of the current expense fund of the county: PROVIDED, That when the county legislative authority constitute
the board they shall only receive their compensation as
members of the county legislative authority. The board of
equalization shall meet in open session for this purpose
annually on the 15th day of July and, having each taken an
oath fairly and impartially to perform their duties as members of such board, they shall examine and compare the
returns of the assessment of the property of the county and
proceed to equalize the same, so that each tract or lot of real
(2002 Ed.)
84.44.090
property and each article or class of personal property shall
be entered on the assessment list at its true and fair value,
according to the measure of value used by the county
assessor in such assessment year, which is presumed to be
correct under RCW 84.40.0301, and subject to the following
rules:
First. They shall raise the valuation of each tract or lot
or item of real property which is returned below its true and
fair value to such price or sum as to be the true and fair
value thereof, after at least five days’ notice shall have been
given in writing to the owner or agent.
Second. They shall reduce the valuation of each tract
or lot or item which is returned above its true and fair value
to such price or sum as to be the true and fair value thereof.
Third. They shall raise the valuation of each class of
personal property which is returned below its true and fair
value to such price or sum as to be the true and fair value
thereof, and they shall raise the aggregate value of the
personal property of each individual whenever the aggregate
value is less than the true valuation of the taxable personal
property possessed by such individual, to such sum or
amount as to be the true value thereof, after at least five
days’ notice shall have been given in writing to the owner or
agent thereof.
Fourth. They shall reduce the valuation of each class of
personal property enumerated on the detail and assessment
list of the current year, which is returned above its true and
fair value, to such price or sum as to be the true and fair
value thereof; and they shall reduce the aggregate valuation
of the personal property of such individual who has been
assessed at too large a sum to such sum or amount as was
the true and fair value of the personal property.
Fifth. The board may review all claims for either real
or personal property tax exemption as determined by the
county assessor, and shall consider any taxpayer appeals
from the decision of the assessor thereon to determine (1) if
the taxpayer is entitled to an exemption, and (2) if so, the
amount thereof.
The clerk of the board shall keep an accurate journal or
record of the proceedings and orders of said board showing
the facts and evidence upon which their action is based, and
the said record shall be published the same as other proceedings of county legislative authority, and shall make a
true record of the changes of the descriptions and assessed
values ordered by the county board of equalization. The
assessor shall correct the real and personal assessment rolls
in accordance with the changes made by the said county
board of equalization, and the assessor shall make duplicate
abstracts of such corrected values, one copy of which shall
be retained in the office, and one copy forwarded to the
department of revenue on or before the eighteenth day of
August next following the meeting of the county board of
equalization.
The county board of equalization shall meet on the 15th
day of July and may continue in session and adjourn from
time to time during a period not to exceed four weeks, but
shall remain in session not less than three days: PROVIDED, That the county board of equalization with the approval
of the county legislative authority may convene at any time
when petitions filed exceed twenty-five, or ten percent of the
number of appeals filed in the preceding year, whichever is
greater.
[Title 84 RCW—page 95]
84.48.010
Title 84 RCW: Property Taxes
No taxes, except special taxes, shall be extended upon
the tax rolls until the property valuations are equalized by
the department of revenue for the purpose of raising the state
revenue.
County legislative authorities as such shall at no time
have any authority to change the valuation of the property of
any person or to release or commute in whole or in part the
taxes due on the property of any person. [2001 c 187 § 22;
1997 c 3 § 109 (Referendum Bill No. 47, approved November 4, 1997); 1988 c 222 § 20; 1979 c 13 § 1. Prior: 1977
ex.s. c 290 § 2; 1977 c 33 § 1; 1970 ex.s. c 55 § 2; 1961 c
15 § 84.48.010; prior: 1939 c 206 § 35; 1925 ex.s. c 130 §
68; RRS § 11220; prior: 1915 c 122 § 1; 1907 c 129 § 1;
1897 c 71 § 58; 1893 c 124 § 59; 1890 p 555 § 73; Code
1881 §§ 2873-2879. Formerly RCW 84.48.010, 84.48.020,
84.48.030, 84.48.040, and 84.48.060.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Effective date—1988 c 222: See note following RCW 84.40.040.
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.014 County board of equalization—
Composition of board—Appointment—Qualifications.
The board of equalization of each county shall consist of not
less than three nor more than seven members including
alternates. Such members shall be appointed by a majority
of the members of the county legislative authority, and shall
be selected based upon the qualifications established by rule
by the department of revenue and shall not be a holder of
any elective office nor be an employee of any elected
official: PROVIDED, HOWEVER, The county legislative
authority may itself constitute the board at its discretion.
Any member who does not attend the school required by
RCW 84.48.042 within one year of appointment or reappointment shall be barred from serving as a member of the
board of equalization unless this requirement is waived for
the member by the department for just cause. [1988 c 222
§ 21; 1970 ex.s. c 55 § 3.]
Effective date—1988 c 222: See note following RCW 84.40.040.
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.018 County board of equalization—
Chairman—Quorum. The members of each board of
equalization shall meet and choose a chairman. A majority
of the board shall constitute a quorum. [1970 ex.s. c 55 §
4.]
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.022 County board of equalization—Meetings.
All meetings of the board of equalization shall be held at the
county courthouse, or other suitable place within the county,
and the county legislative authority shall make provision for
a suitable meeting place. [1994 c 124 § 26; 1970 ex.s. c 55
§ 5.]
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.026 County board of equalization—Terms—
Removal. The terms of each appointed member of the
[Title 84 RCW—page 96]
board shall be for three years or until their successors are
appointed. Each appointed member may be removed by a
majority vote of the county legislative authority. [1994 c
124 § 27; 1970 ex.s. c 55 § 6.]
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.028 County board of equalization—Clerk—
Assistants. The board may appoint a clerk of the board and
any assistants the board might need, all to serve at the
pleasure of the members of the board, and the clerk or
assistant shall attend all sessions thereof, and shall keep the
record. Neither the assessor nor any of the assessor’s staff
may serve as clerk. [1994 c 124 § 28; 1970 ex.s. c 55 § 7.]
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.032 County board of equalization—
Appraisers. The board may hire one or more appraisers
accredited by the department of revenue or certified by the
Washington state department of licensing, society of real
estate appraisers, American institute of real estate appraisers,
or international association of assessing officers, and not
otherwise employed by the county, and other necessary
personnel for the purpose of aiding the board and carrying
out its functions and duties. In addition, the boards of the
various counties may make reciprocal arrangements for the
exchange of the appraisers with other counties. Such
appraisers need not be residents of the county. [1994 c 124
§ 29; 1970 ex.s. c 55 § 8.]
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.034 County board of equalization—Duration
of order. The board of equalization may enter an order that
has effect up to the end of the assessment cycle used by the
assessor, if there has been no intervening change in the value
during that time. [1994 c 301 § 47.]
84.48.036 County board of equalization—Annual
budget. The county legislative authority may provide an
adequate annual budget and funds for operation and needs of
the board of equalization, including, but not limited to the
costs and expenses of the board, such as the meeting place,
the necessary equipment and facilities, materials, the salaries
of the clerk of the board and the clerk’s assistants, the
expenses of the members of the board during the sessions,
travel, in-service training, and payment of salaries of all such
employees hired by the board, to facilitate its work. [1994
c 124 § 30; 1970 ex.s. c 55 § 9.]
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.038 County board of equalization—Legal
advisor. The prosecuting attorney of each county shall
serve as legal advisor to the board of equalization. [1970
ex.s. c 55 § 10.]
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.042 County board of equalization—Training
school. The department of revenue shall establish a school
for the training of members of the several boards of equalization throughout the state. Sessions of such schools shall,
so far as practicable, be held in each district of the Washing(2002 Ed.)
Equalization of Assessments
ton state association of counties. Every member of the
board of equalization of each county shall attend such school
within one year following appointment or reappointment.
[1988 c 222 § 22; 1970 ex.s. c 55 § 11.]
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.046 County board of equalization—Operating
manual. The department of revenue shall provide a manual
for the operation procedures of the several boards of equalization so that uniformity of assessment may be obtained
throughout the state, and the several boards of equalization
shall follow such manual in all of its operations and procedures. [1970 ex.s. c 55 § 12.]
Effective date—1970 ex.s. c 55: See note following RCW 84.36.050.
84.48.050 Abstract of rolls to state auditor—State
action if assessor does not transmit, when. The county
assessor shall, on or before the fifteenth day of January in
each year, make out and transmit to the state auditor, in such
form as may be prescribed, a complete abstract of the tax
rolls of the county, showing the number of acres that have
been assessed and the total value of the real property,
including the structures on the real property; the total value
of all taxable personal property in the county; the aggregate
amount of all taxable property in the county; the total
amount as equalized and the total amount of taxes levied in
the county for state, county, city and other taxing district
purposes, for that year. Should the assessor of any county
fail to transmit to the department of revenue the abstract
provided for in RCW 84.48.010, and if, by reason of such
failure to transmit such abstract, any county shall fail to
collect and pay to the state its due proportion of the state tax
for any year, the department of revenue shall ascertain what
amount of state tax said county has failed to collect, and
certify the same to the state auditor, who shall charge the
amount to the proper county and notify the auditor of said
county of the amount of said charge; said sum shall be due
and payable immediately by warrant in favor of the state on
the current expense fund of said county. [1995 c 134 § 15.
Prior: 1994 c 301 § 42; 1994 c 124 § 31; 1961 c 15 §
84.48.050; prior: 1925 ex.s. c 130 § 69; RRS § 11221;
prior: 1890 p 557 § 74. Formerly RCW 84.48.050 and
84.48.070.]
84.48.065 Cancellation and correction of erroneous
assessments and assessments on property on which land
use designation is changed. (1) The county assessor or
treasurer may cancel or correct assessments on the assessment or tax rolls which are erroneous due to manifest errors
in description, double assessments, clerical errors in extending the rolls, and such manifest errors in the listing of the
property which do not involve a revaluation of property,
except in the case that a taxpayer produces proof that an
authorized land use authority has made a definitive change
in the property’s land use designation. In such a case, correction of the assessment or tax rolls may be made notwithstanding the fact that the action involves a revaluation of
property. Manifest errors that do not involve a revaluation
of property include the assessment of property exempted by
law from taxation or the failure to deduct the exemption
allowed by law to the head of a family. When the county
(2002 Ed.)
84.48.042
assessor cancels or corrects an assessment, the assessor shall
send a notice to the taxpayer in accordance with RCW
84.40.045, advising the taxpayer that the action has been
taken and notifying the taxpayer of the right to appeal the
cancellation or correction to the county board of equalization, in accordance with RCW 84.40.038. When the county
assessor or treasurer cancels or corrects an assessment, a
record of such action shall be prepared, setting forth therein
the facts relating to the error. The record shall also set forth
by legal description all property belonging exclusively to the
state, any county, or any municipal corporation whose
property is exempt from taxation, upon which there remains,
according to the tax roll, any unpaid taxes. No manifest
error cancellation or correction, including a cancellation or
correction made due to a definitive change of land use
designation, shall be made for any period more than three
years preceding the year in which the error is discovered.
(2)(a) In the case of a definitive change of land use
designation, an assessor shall make corrections that involve
a revaluation of property to the assessment roll when:
(i) The assessor and taxpayer have signed an agreement
as to the true and fair value of the taxpayer’s property
setting forth in the agreement the valuation information upon
which the agreement is based; and
(ii) The assessment roll has previously been certified in
accordance with RCW 84.40.320.
(b) In all other cases, an assessor shall make corrections
that involve a revaluation of property to the assessment roll
when:
(i) The assessor and taxpayer have signed an agreement
as to the true and fair value of the taxpayer’s property
setting forth in the agreement the valuation information upon
which the agreement is based; and
(ii) The following conditions are met:
(A) The assessment roll has previously been certified in
accordance with RCW 84.40.320;
(B) The taxpayer has timely filed a petition with the
county board of equalization pursuant to RCW 84.40.038 for
the current assessment year;
(C) The county board of equalization has not yet held
a hearing on the merits of the taxpayer’s petition.
(3) The assessor shall issue a supplementary roll or rolls
including such cancellations and corrections, and the assessment and levy shall have the same force and effect as if
made in the first instance, and the county treasurer shall
proceed to collect the taxes due on the rolls as modified.
[2001 c 187 § 23; 1997 c 3 § 110 (Referendum Bill No. 47,
approved November 4, 1997); 1996 c 296 § 1; 1992 c 206
§ 12; 1989 c 378 § 14; 1988 c 222 § 25.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Effective date—1992 c 206: See note following RCW 82.04.170.
84.48.075 County indicated ratio—Determination
by department—Submission of preliminary ratio to assessor—Rules—Use classes—Review of preliminary ratio—
Certification—Examination of assessment procedures—
Adjustment of ratio. (1) The department of revenue shall
annually, prior to the first Monday in September, determine
[Title 84 RCW—page 97]
84.48.075
Title 84 RCW: Property Taxes
and submit to each assessor a preliminary indicated ratio for
each county: PROVIDED, That the department shall
establish rules and regulations pertinent to the determination
of the indicated ratio, the indicated real property ratio and
the indicated personal property ratio: PROVIDED FURTHER, That these rules and regulations may provide that
data, as is necessary for said determination, which is
available from the county assessor of any county and which
has been audited as to its validity by the department, shall be
utilized by the department in determining the indicated ratio.
(2) To such extent as is reasonable, the department may
define use classes of property for the purposes of determination of the indicated ratio. Such use classes may be defined
with respect to property use and may include agricultural,
open space, timber and forest lands.
(3) The department shall review each county’s preliminary ratio with the assessor, a landowner, or an owner of an
intercounty public utility or private car company of that
county, if requested by the assessor, a landowner, or an
owner of an intercounty public utility or private car company
of that county, respectively, between the first and third
Mondays of September. Prior to equalization of assessments
pursuant to RCW 84.48.080 and after the third Monday of
September, the department shall certify to each county
assessor the real and personal property ratio for that county.
(4) The department of revenue shall also examine
procedures used by the assessor to assess real and personal
property in the county, including calculations, use of
prescribed value schedules, and efforts to locate all taxable
property in the county. If any examination by the department discloses other than market value is being listed on the
county assessment rolls of the county by the assessor and,
after due notification by the department, is not corrected, the
department of revenue shall, in accordance with rules
adopted by the department, adjust the ratio of that type of
property, which adjustment shall be used for determining the
county’s indicated ratio. [2001 c 187 § 24; 1997 c 3 § 111
(Referendum Bill No. 47, approved November 4, 1997);
1988 c 222 § 23; 1982 1st ex.s. c 46 § 7; 1977 ex.s. c 284
§ 3.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Purpose—Intent—1977 ex.s. c 284: "It is the intent of the legislature
that the methodology used in the equalization of property values for the
purposes of the state levy, public utility assessment, and other purposes,
shall be designed to ensure uniformity and equity in taxation throughout the
state to the maximum extent possible.
It is the purpose of this 1977 amendatory act to provide certain
guidelines for the determination of the ratio of assessed value to the full true
and fair value of the general property in each county." [1977 ex.s. c 284
§ 1.]
84.48.080 Equalization of assessments—Taxes for
state purposes—Procedure—Levy and apportionment—
Hypothetical levy for establishing consolidated levy—
Rules—Record. (1) Annually during the months of September and October, the department of revenue shall examine
and compare the returns of the assessment of the property in
the several counties of the state, and the assessment of the
property of railroad and other companies assessed by the
[Title 84 RCW—page 98]
department, and proceed to equalize the same, so that each
county in the state shall pay its due and just proportion of
the taxes for state purposes for such assessment year,
according to the ratio the valuation of the property in each
county bears to the total valuation of all property in the state.
(a) The department shall classify all property, real and
personal, and shall raise and lower the valuation of any class
of property in any county to a value that shall be equal, so
far as possible, to the true and fair value of such class as of
January 1st of the current year for the purpose of ascertaining the just amount of tax due from each county for state
purposes. In equalizing personal property as of January 1st
of the current year, the department shall use valuation data
with respect to personal property from the three years
immediately preceding the current assessment year in a
manner it deems appropriate. Such classification may be on
the basis of types of property, geographical areas, or both.
For purposes of this section, for each county that has not
provided the department with an assessment return by
December 1st, the department shall proceed, using facts and
information and in a manner it deems appropriate, to
estimate the value of each class of property in the county.
(b) The department shall keep a full record of its
proceedings and the same shall be published annually by the
department.
(2) The department shall levy the state taxes authorized
by law. The amount levied in any one year for general state
purposes shall not exceed the lawful dollar rate on the dollar
of the assessed value of the property of the entire state,
which assessed value shall be one hundred percent of the
true and fair value of the property in money. The department shall apportion the amount of tax for state purposes
levied by the department, among the several counties, in
proportion to the valuation of the taxable property of the
county for the year as equalized by the department: PROVIDED, That for purposes of this apportionment, the
department shall recompute the previous year’s levy and the
apportionment thereof to correct for changes and errors in
taxable values reported to the department after October 1 of
the preceding year and shall adjust the apportioned amount
of the current year’s state levy for each county by the
difference between the apportioned amounts established by
the original and revised levy computations for the previous
year. For purposes of this section, changes in taxable values
mean a final adjustment made by a county board of equalization, the state board of tax appeals, or a court of competent
jurisdiction and shall include additions of omitted property,
other additions or deletions from the assessment or tax rolls,
any assessment return provided by a county to the department subsequent to December 1st, or a change in the
indicated ratio of a county. Errors in taxable values mean
errors corrected by a final reviewing body.
In addition to computing a levy under this subsection
that is reduced under RCW 84.55.012, the department shall
compute a hypothetical levy without regard to the reduction
under RCW 84.55.012. This hypothetical levy shall also be
apportioned among the several counties in proportion to the
valuation of the taxable property of the county for the year,
as equalized by the department, in the same manner as the
actual levy and shall be used by the county assessors for the
purpose of recomputing and establishing a consolidated levy
under RCW 84.52.010.
(2002 Ed.)
Equalization of Assessments
(3) The department shall have authority to adopt rules
and regulations to enforce obedience to its orders in all
matters in relation to the returns of county assessments, the
equalization of values, and the apportionment of the state
levy by the department.
(4) After the completion of the duties prescribed in this
section, the director of the department shall certify the record
of the proceedings of the department under this section, the
tax levies made for state purposes and the apportionment
thereof among the counties, and the certification shall be
available for public inspection. [2001 c 185 § 12; 1997 c 3
§ 112 (Referendum Bill No. 47, approved November 4,
1997); 1995 2nd sp.s. c 13 § 3; 1994 c 301 § 43; 1990 c 283
§ 1; 1988 c 222 § 24; 1982 1st ex.s. c 28 § 1; 1979 ex.s. c
86 § 3; 1973 1st ex.s. c 195 § 99; 1971 ex.s. c 288 § 9;
1961 c 15 § 84.48.080. Prior: 1949 c 66 § 1; 1939 c 206
§ 36; 1925 ex.s. c 130 § 70; Rem. Supp. 1949 § 11222;
prior: 1917 c 55 § 1; 1915 c 7 § 1; 1907 c 215 § 1; 1899
c 141 § 4; 1897 c 71 § 60; 1893 c 124 § 61; 1890 p 557 §
75. Formerly RCW 84.48.080, 84.48.090, and 84.48.100.]
Contingent effective date—2001 c 185 §§ 12 and 15: "Section 15
of this act takes effect for taxes levied in 2001 for collection in 2002 and
thereafter if the proposed amendment to Article VII, section 1 of the state
Constitution providing for valuation increases to be phased-in over a period
of four years is validly submitted to and is approved and ratified by voters
at the next general election. If the proposed amendment is not approved
and ratified, section 15 of this act is null and void. If such proposed
amendment is approved and ratified, section 12 of this act is null and void."
[2001 c 185 § 16.]
Reviser’s note: No proposed amendment to Article VII, section 1 of
the state Constitution was submitted to the voters.
Application—2001 c 185 §§ 1-12: See note following RCW
84.14.110.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Intent—1995 2nd sp.s. c 13: See note following RCW 84.55.012.
Severability—1982 1st ex.s. c 28: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1982 1st ex.s. c 28 § 3.]
Severability—1979 ex.s. c 86: See note following RCW 13.24.040.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.48.110 Transcript of proceedings to county
assessors—Delinquent tax for certain preceding years
included. After certifying the record of the proceedings of
the department in accordance with RCW 84.48.080, the
department shall transmit to each county assessor a copy of
the record of the proceedings of the department, specifying
the amount to be levied and collected for state purposes for
such year, and in addition thereto it shall certify to each
county assessor the amount due to each state fund and
unpaid from such county for the fifth preceding year, and
such delinquent state taxes shall be added to the amount
levied for the current year. The department shall close the
account of each county for the fifth preceding year and
charge the amount of such delinquency to the tax levy of the
current year. These delinquent taxes shall not be subject to
chapter 84.55 RCW. All taxes collected on and after the
first day of July last preceding such certificate, on account
of delinquent state taxes for the fifth preceding year shall
(2002 Ed.)
84.48.080
belong to the county and by the county treasurer be credited
to the current expense fund of the county in which collected.
[1994 c 301 § 44; 1994 c 124 § 32; 1987 c 168 § 1; 1984 c
132 § 4; 1981 c 260 § 17. Prior: 1979 ex.s. c 86 § 4; 1979
c 151 § 185; 1973 c 95 § 11; 1961 c 15 § 84.48.110; prior:
1925 ex.s. c 130 § 71; RRS § 11223; prior: 1899 c 141 §
5; 1897 c 71 § 61; 1893 c 124 § 62; 1890 p 558 § 76.]
Reviser’s note: This section was amended by 1994 c 124 § 32 and
by 1994 c 301 § 44, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1979 ex.s. c 86: See note following RCW 13.24.040.
84.48.120 Extension of state taxes. It shall be the
duty of the assessor of each county, when the assessor shall
have received from the state department of revenue the
assessed valuation of the property of railroad and other
companies assessed by the department of revenue and
apportioned to the county, and placed the same on the tax
rolls, and received the report of the department of revenue
of the amount of taxes levied for state purposes, to compute
the required percent on the assessed value of property in the
county, and such state taxes shall be extended on the tax
rolls. The rates so computed shall not be such as to raise a
surplus of more than five percent over the total amount
required by the department of revenue. Any surplus raised
shall be remitted to the state in accordance with RCW
84.56.280. [1994 c 301 § 45; 1994 c 124 § 33; 1987 c 168
§ 2; 1979 ex.s. c 86 § 5; 1975 1st ex.s. c 278 § 206; 1961
c 15 § 84.48.120. Prior: 1939 c 206 § 37; 1925 ex.s. c 130
§ 72; RRS § 11224; prior: 1890 p 544 § 38.]
Reviser’s note: This section was amended by 1994 c 124 § 33 and
by 1994 c 301 § 45, each without reference to the other. Both amendments
are incorporated in the publication of this section pursuant to RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Severability—1979 ex.s. c 86: See note following RCW 13.24.040.
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.48.130 Certification of assessed valuation to
taxing districts. It shall be the duty of the assessor of each
county, when the assessor shall have received from the state
department of revenue the certificate of the assessed valuation of the property of railroad and/or other companies assessed by the department of revenue and apportioned to the
county, and shall have distributed the value so certified, to
the several taxing districts in the county entitled to a
proportionate value thereof, and placed the same upon the
tax rolls of the county, to certify to the county legislative
authority and to the officers authorized by law to estimate
expenditures and/or levy taxes for any taxing district coextensive with the county, the total assessed value of property
in the county as shown by the completed tax rolls, and to
certify to the officers authorized by law to estimate expenditures and/or levy taxes for each taxing district in the county
not coextensive with the county, the total assessed value of
the property in such taxing district. [1994 c 124 § 34; 1975
1st ex.s. c 278 § 207; 1961 c 15 § 84.48.130. Prior: 1939
c 206 § 38; 1925 ex.s. c 130 § 73; RRS § 11234.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
[Title 84 RCW—page 99]
84.48.140
Title 84 RCW: Property Taxes
84.48.140 Property tax advisor. The county legislative authority of any county may designate one or more
persons to act as a property tax advisor to any person liable
for payment of property taxes in the county. A person
designated as a property tax advisor shall not be an employee of the assessor’s office or have been associated in any
way with the determination of any valuation of property for
taxation purposes that may be the subject of an appeal. A
person designated as a property tax advisor may be compensated on a fee basis or as an employee by the county from
any funds available to the county for use in property
evaluation including funds available from the state for use in
the property tax revaluation program.
The property tax advisor shall perform such duties as
may be set forth by resolution of the county legislative
authority.
If any county legislative authority elects to designate a
property tax advisor, it shall publicize the services available.
[1994 c 124 § 35; 1971 ex.s. c 288 § 11.]
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.48.150 Valuation criteria including comparative
sales to be made available to taxpayer—Change. The
assessor shall, upon the request of any taxpayer who
petitions the board of equalization for review of a tax claim
or valuation dispute, make available to said taxpayer a
compilation of comparable sales utilized by the assessor in
establishing such taxpayer’s property valuation. If valuation
criteria other than comparable sales were used, the assessor
shall furnish the taxpayer with such other factors and the
addresses of such other property used in making the determination of value.
The assessor shall within sixty days of such request but
at least fourteen business days, excluding legal holidays,
prior to such taxpayer’s appearance before the board of
equalization make available to the taxpayer the valuation
criteria and/or comparable sales which shall not be subsequently changed by the assessor unless the assessor has
found new evidence supporting the assessor’s valuation, in
which situation the assessor shall provide such additional
evidence to the taxpayer and the board of equalization at
least fourteen business days prior to the hearing at the board
of equalization. A taxpayer who lists comparable sales on
a notice of appeal shall not subsequently change such sales
unless the taxpayer has found new evidence supporting the
taxpayer’s proposed valuation in which case the taxpayer
shall provide such additional evidence to the assessor and
board of equalization at least seven business days, excluding
legal holidays, prior to the hearing. If either the assessor or
taxpayer does not meet the requirements of this section the
board of equalization may continue the hearing to provide
the parties an opportunity to review all evidence or, upon
objection, refuse to consider sales not submitted in a timely
manner. [1994 c 301 § 46; 1973 1st ex.s. c 30 § 1.]
84.48.200 Rules. The department of revenue shall
make such rules consistent with this chapter as shall be
necessary or desirable to permit its effective administration.
The rules may provide for changes of venue for the various
boards of equalization. [1988 c 222 § 26.]
[Title 84 RCW—page 100]
Chapter 84.52
LEVY OF TAXES
Sections
84.52.010
Taxes levied or voted in specific amounts—Effect of constitutional and statutory limitations—Use of hypothetical
levy.
84.52.018 Calculation of tax levy rates when the assessment of highly
valued property is in dispute.
84.52.020 City and district budgets to be filed with county legislative
authority.
84.52.025 Budgets of taxing districts filed with county commissioners
to indicate estimate of cash balance.
84.52.030 Time of levy.
84.52.040 Levies to be made on assessed valuation.
84.52.043 Limitations upon regular property tax levies.
84.52.050 Limitation of levies.
84.52.0502 Rules for administration.
84.52.052 Excess levies authorized—When—Procedure.
84.52.053 Levies by school districts authorized—When—Procedure.
84.52.0531 Levies by school districts—Maximum dollar amount for
maintenance and operation support—Restrictions—
Maximum levy percentage—Levy reduction funds—
Rules.
84.52.054 Excess levies—Ballot contents—Eventual dollar rate on tax
rolls.
84.52.056 Excess levies for capital purposes authorized.
84.52.063 Rural library district levies.
84.52.065 State levy for support of common schools.
84.52.067 State levy for support of common schools—Disposition of
funds.
84.52.068 State levy—Distribution to school districts.
84.52.069 Emergency medical care and service levies.
84.52.070 Certification of levies to assessor.
84.52.080 Extension of taxes on rolls—Form of certificate—Delivery
to treasurer.
84.52.085 Property tax errors.
84.52.105 Affordable housing levies authorized—Declaration of emergency and plan required.
84.52.120 Metropolitan park districts—Protection of levy from
prorationing—Ballot proposition.
84.52.130 Fire protection district excess levies.
84.52.700 County airport district levy authorized.
84.52.703 Mosquito control district levies authorized.
84.52.706 Rural county library district levy authorized.
84.52.709 Intercounty rural library district levy authorized.
84.52.712 Reduction of city levy if part of library district.
84.52.713 Island library district levy authorized.
84.52.718 Levy by receiver of disincorporated city authorized.
84.52.719 Second class city levies.
84.52.721 Unclassified city sewer fund levy authorized.
84.52.724 City accident fund levy authorized.
84.52.727 City emergency fund levy authorized.
84.52.730 City lowlands and waterway projects levy authorized.
84.52.733 Metropolitan municipal corporation levy authorized.
84.52.736 Metropolitan park district levy authorized.
84.52.739 Code city accident fund levy authorized.
84.52.742 County lands assessment fund levy authorized.
84.52.745 General county levy authorized.
84.52.749 County rail district tax levies authorized.
84.52.750 Solid waste disposal district—Excess levies authorized.
84.52.751 County hospital maintenance levy authorized.
84.52.754 Park and recreation service area levies authorized.
84.52.757 Park and recreation district levies authorized.
84.52.760 County road fund levy authorized.
84.52.761 Road and bridge service district levies authorized.
84.52.763 City firemen’s pension fund levy authorized.
84.52.769 Reduction of city levy if part of fire protection district.
84.52.772 Fire protection district levies authorized.
84.52.775 Port district levies authorized.
84.52.778 Public utility district levy authorized.
84.52.784 Water-sewer district levies authorized.
84.52.786 Cultural arts, stadium and convention district tax levies
authorized.
84.52.787 Cemetery district levy authorized.
(2002 Ed.)
Levy of Taxes
84.52.790
84.52.793
84.52.796
Public hospital district levy authorized.
Air pollution control agency levy authorized.
Mental retardation and developmental disability services
levy authorized.
84.52.799 Veteran’s relief fund levy authorized.
84.52.802 Acquisition of open space, etc., land or rights to future
development by counties, cities, metropolitan municipal
corporations or nonprofit nature conservancy corporation
or association—Property tax levy authorized.
84.52.808 River improvement fund levy authorized.
84.52.811 Intercounty river control agreement levy authorized.
84.52.814 Flood control zone district levy authorized.
84.52.817 Irrigation and rehabilitation district special assessment authorized.
84.52.820 Reclamation district levy authorized.
84.52.823 Levy for tax refund funds.
Levy for refunds: RCW 84.68.040.
84.52.010 Taxes levied or voted in specific
amounts—Effect of constitutional and statutory limitations—Use of hypothetical levy. Except as is permitted
under RCW 84.55.050, all taxes shall be levied or voted in
specific amounts.
The rate percent of all taxes for state and county
purposes, and purposes of taxing districts coextensive with
the county, shall be determined, calculated and fixed by the
county assessors of the respective counties, within the limitations provided by law, upon the assessed valuation of the
property of the county, as shown by the completed tax rolls
of the county, and the rate percent of all taxes levied for
purposes of taxing districts within any county shall be
determined, calculated and fixed by the county assessors of
the respective counties, within the limitations provided by
law, upon the assessed valuation of the property of the
taxing districts respectively.
When a county assessor finds that the aggregate rate of
tax levy on any property, that is subject to the limitations set
forth in RCW 84.52.043 or 84.52.050, exceeds the limitations provided in either of these sections, the assessor shall
recompute and establish a consolidated levy in the following
manner:
(1) The full certified rates of tax levy for state, county,
county road district, and city or town purposes shall be
extended on the tax rolls in amounts not exceeding the
limitations established by law; however any state levy shall
take precedence over all other levies and shall not be
reduced for any purpose other than that required by RCW
84.55.010. If, as a result of the levies imposed under RCW
84.52.069, 84.34.230, the portion of the levy by a metropolitan park district that was protected under RCW 84.52.120,
and 84.52.105, the combined rate of regular property tax
levies that are subject to the one percent limitation exceeds
one percent of the true and fair value of any property, then
these levies shall be reduced as follows: (a) The portion of
the levy by a metropolitan park district that is protected
under RCW 84.52.120 shall be reduced until the combined
rate no longer exceeds one percent of the true and fair value
of any property or shall be eliminated; (b) if the combined
rate of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and
fair value of any property, then the levies imposed under
RCW 84.34.230, 84.52.105, and any portion of the levy
imposed under RCW 84.52.069 that is in excess of thirty
cents per thousand dollars of assessed value, shall be
(2002 Ed.)
Chapter 84.52
reduced on a pro rata basis until the combined rate no longer
exceeds one percent of the true and fair value of any
property or shall be eliminated; and (c) if the combined rate
of regular property tax levies that are subject to the one
percent limitation still exceeds one percent of the true and
fair value of any property, then the thirty cents per thousand
dollars of assessed value of tax levy imposed under RCW
84.52.069 shall be reduced until the combined rate no longer
exceeds one percent of the true and fair value of any
property or eliminated.
(2) The certified rates of tax levy subject to these limitations by all junior taxing districts imposing taxes on such
property shall be reduced or eliminated as follows to bring
the consolidated levy of taxes on such property within the
provisions of these limitations:
(a) First, the certified property tax levy rates of those
junior taxing districts authorized under RCW 36.68.525,
36.69.145, 35.95A.100, and 67.38.130 shall be reduced on a
pro rata basis or eliminated;
(b) Second, if the consolidated tax levy rate still exceeds
these limitations, the certified property tax levy rates of
flood control zone districts shall be reduced on a pro rata
basis or eliminated;
(c) Third, if the consolidated tax levy rate still exceeds
these limitations, the certified property tax levy rates of all
other junior taxing districts, other than fire protection
districts, library districts, the first fifty cent per thousand
dollars of assessed valuation levies for metropolitan park
districts, and the first fifty cent per thousand dollars of
assessed valuation levies for public hospital districts, shall be
reduced on a pro rata basis or eliminated;
(d) Fourth, if the consolidated tax levy rate still exceeds
these limitations, the first fifty cent per thousand dollars of
assessed valuation levies for metropolitan park districts
created on or after January 1, 2002, shall be reduced on a
pro rata basis or eliminated;
(e) Fifth, if the consolidated tax levy rate still exceeds
these limitations, the certified property tax levy rates
authorized to fire protection districts under RCW 52.16.140
and 52.16.160 shall be reduced on a pro rata basis or
eliminated; and
(f) Sixth, if the consolidated tax levy rate still exceeds
these limitations, the certified property tax levy rates
authorized for fire protection districts under RCW 52.16.130,
library districts, metropolitan park districts created before
January 1, 2002, under their first fifty cent per thousand dollars of assessed valuation levy, and public hospital districts
under their first fifty cent per thousand dollars of assessed
valuation levy, shall be reduced on a pro rata basis or
eliminated.
In determining whether the aggregate rate of tax levy on
any property, that is subject to the limitations set forth in
RCW 84.52.050, exceeds the limitations provided in that
section, the assessor shall use the hypothetical state levy, as
apportioned to the county under RCW 84.48.080, that was
computed under RCW 84.48.080 without regard to the
reduction under RCW 84.55.012. [2002 c 248 § 15; 2002 c
88 § 7; 1995 2nd sp.s. c 13 § 4; 1995 c 99 § 2; 1994 c 124
§ 36; 1993 c 337 § 4; 1990 c 234 § 4; 1988 c 274 § 7; 1987
c 255 § 1; 1973 1st ex.s. c 195 § 101; 1973 1st ex.s. c 195
§ 146; 1971 ex.s. c 243 § 6; 1970 ex.s. c 92 § 4; 1961 c 15
§ 84.52.010. Prior: 1947 c 270 § 1; 1925 ex.s. c 130 § 74;
[Title 84 RCW—page 101]
84.52.010
Title 84 RCW: Property Taxes
Rem. Supp. 1947 § 11235; prior: 1920 ex.s. c 3 § 1; 1897
c 71 § 62; 1893 c 124 § 63.]
Reviser’s note: This section was amended by 2002 c 88 § 7 and by
2002 c 248 § 15, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Intent—1995 2nd sp.s. c 13: See note following RCW 84.55.012.
Finding—1993 c 337: See note following RCW 84.52.105.
Purpose—1988 c 274: "The legislature finds that, due to statutory
and constitutional limitations, the interdependence of the regular property
tax levies of the state, counties, county road districts, cities and towns, and
junior taxing districts can cause significant reductions in the otherwise
authorized levies of those taxing districts, resulting in serious disruptions to
essential services provided by those taxing districts. The purpose of this act
is to avoid unnecessary reductions in regular property tax revenue without
exceeding existing statutory and constitutional tax limitations on cumulative
regular property tax levy rates. The legislature declares that it is a purpose
of the state, counties, county road districts, cities and towns, public hospital
districts, library districts, fire protection districts, metropolitan park districts,
and other taxing districts to participate in the methods provided by this act
by which revenue levels supporting the services provided by all taxing
districts might be maintained." [1988 c 274 § 1.]
Severability—1988 c 274: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1988 c 274 § 13.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Severability—1971 ex.s. c 243: See RCW 84.34.920.
Intent—1970 ex.s. c 92: "It is the intent of this 1970 amendatory act
to prevent a potential doubling of property taxes that might otherwise result
from the enforcement of the constitutionally required fifty percent assessment ratio as of January 1, 1970, and to adjust property tax millage rates for
subsequent years to levels which will conform to the requirements of any
constitutional amendment imposing a one percent limitation on property
taxes. It is the further intent of this 1970 amendatory act that the statutory
authority of any taxing district to impose excess levies shall not be impaired
by reason of the reduction in millage rates for regular property tax levies.
This 1970 amendatory act shall be construed to effectuate the legislative
intent expressed in this section." [1970 ex.s. c 92 § 1.]
Effective date—Application—1970 ex.s. c 92: "This act shall take
effect July 1, 1970 but shall not affect property taxes levied in 1969 or prior
years." [1970 ex.s. c 92 § 11.]
84.52.018 Calculation of tax levy rates when the
assessment of highly valued property is in dispute.
Whenever any property value or claim for exemption or
cancellation of a property assessment is appealed to the state
board of tax appeals or court of competent jurisdiction and
the dollar difference between the total value asserted by the
taxpayer and the total value asserted by the opposing party
exceeds one-fourth of one percent of the total assessed value
of property in the county, the assessor shall use only that
portion of the total value which is not in controversy for
purposes of computing the levy rates and extending the tax
on the tax roll in accordance with this chapter, unless the
state board of tax appeals has issued its determination at the
time of extending the tax.
When the state board of tax appeals or court of competent jurisdiction makes its final determination, the proper
amount of tax shall be extended and collected for each
taxing district if this has not already been done. The amount
of tax collected and extended shall include interest at the rate
of nine percent per year on the amount of the board’s final
determination minus the amount not in controversy. The
interest shall accrue from the date the taxes on the amount
not in controversy were first due and payable. Any amount
[Title 84 RCW—page 102]
extended in excess of that permitted by chapter 84.55 RCW
shall be held in abeyance and used to reduce the levy rates
of the next succeeding levy. [1994 c 124 § 37; 1989 c 378
§ 15; 1987 c 156 § 1.]
84.52.020 City and district budgets to be filed with
county legislative authority. It shall be the duty of the city
council or other governing body of every city, other than a
city having a population of three hundred thousand or more,
the board of directors of school districts of the first class, the
superintendent of each educational service district for each
constituent second class school district, commissioners of
port districts, commissioners of metropolitan park districts,
and of all officials or boards of taxing districts within or
coextensive with any county required by law to certify to the
county legislative authority, for the purpose of levying
district taxes, budgets or estimates of the amounts to be
raised by taxation on the assessed valuation of the property
in the city or district, through their chair and clerk, or
secretary, to make and file such certified budget or estimates
with the clerk of the county legislative authority on or before
the fifteenth day of November. [1994 c 81 § 85; 1988 c 222
§ 27; 1975-’76 2nd ex.s. c 118 § 33; 1975 c 43 § 33; 1961
c 15 § 84.52.020. Prior: 1939 c 37 § 1; 1925 ex.s. c 130 §
75; RRS § 11236; prior: 1909 c 138 § 1; 1893 c 71 §§ 2,
3.]
Severability—1975-’76 2nd ex.s. c 118: See note following RCW
28A.505.010.
Effective date—Severability—1975 c 43: See notes following RCW
28A.535.050.
84.52.025 Budgets of taxing districts filed with
county commissioners to indicate estimate of cash
balance. The governing body of all taxing districts within
or coextensive with any county, which are required by law
to certify to a board of county commissioners, for the
purpose of levying district taxes, budgets or estimates of the
amounts to be raised by taxation on the assessed valuation
of the property in the district, shall clearly indicate an
estimate of cash balance at the beginning and ending of each
budget period in said budget or estimate. [1961 c 52 § 1.]
84.52.030 Time of levy. For the purpose of raising
revenue for state, county and other taxing district purposes,
the county legislative authority of each county at its October
session, and all other officials or boards authorized by law
to levy taxes for taxing district purposes, shall levy taxes on
all the taxable property in the county or district, as the case
may be, sufficient for such purposes, and within the limitations permitted by law. [1994 c 124 § 38; 1961 c 15 §
84.52.030. Prior: 1927 c 303 § 1; 1925 ex.s. c 130 § 77;
RRS § 11238; prior: 1903 c 165 § 1; 1897 c 71 § 63; 1893
c 124 § 64; 1890 p 559 § 78; Code 1881 § 2880.]
84.52.040 Levies to be made on assessed valuation.
Whenever any taxing district or the officers thereof shall,
pursuant to any provision of law or of its charter or ordinances, levy any tax, the assessed value of the property of
such taxing district shall be taken and considered as the
taxable value upon which such levy shall be made. [1961 c
15 § 84.52.040. Prior: 1919 c 142 § 3; RRS § 11228.]
(2002 Ed.)
Levy of Taxes
84.52.043 Limitations upon regular property tax
levies. Within and subject to the limitations imposed by
RCW 84.52.050 as amended, the regular ad valorem tax
levies upon real and personal property by the taxing districts
hereafter named shall be as follows:
(1) Levies of the senior taxing districts shall be as
follows: (a) The levy by the state shall not exceed three
dollars and sixty cents per thousand dollars of assessed value
adjusted to the state equalized value in accordance with the
indicated ratio fixed by the state department of revenue to be
used exclusively for the support of the common schools; (b)
the levy by any county shall not exceed one dollar and
eighty cents per thousand dollars of assessed value; (c) the
levy by any road district shall not exceed two dollars and
twenty-five cents per thousand dollars of assessed value; and
(d) the levy by any city or town shall not exceed three
dollars and thirty-seven and one-half cents per thousand
dollars of assessed value. However any county is hereby
authorized to increase its levy from one dollar and eighty
cents to a rate not to exceed two dollars and forty-seven and
one-half cents per thousand dollars of assessed value for
general county purposes if the total levies for both the
county and any road district within the county do not exceed
four dollars and five cents per thousand dollars of assessed
value, and no other taxing district has its levy reduced as a
result of the increased county levy.
(2) The aggregate levies of junior taxing districts and
senior taxing districts, other than the state, shall not exceed
five dollars and ninety cents per thousand dollars of assessed
valuation. The term "junior taxing districts" includes all
taxing districts other than the state, counties, road districts,
cities, towns, port districts, and public utility districts. The
limitations provided in this subsection shall not apply to: (a)
Levies at the rates provided by existing law by or for any
port or public utility district; (b) excess property tax levies
authorized in Article VII, section 2 of the state Constitution;
(c) levies for acquiring conservation futures as authorized
under RCW 84.34.230; (d) levies for emergency medical
care or emergency medical services imposed under RCW
84.52.069; (e) levies to finance affordable housing for very
low-income housing imposed under RCW 84.52.105; and (f)
the portions of levies by metropolitan park districts that are
protected under RCW 84.52.120. [1995 c 99 § 3; 1993 c
337 § 3; 1990 c 234 § 1; 1989 c 378 § 36; 1988 c 274 § 5;
1973 1st ex.s. c 195 § 134.]
Finding—1993 c 337: See note following RCW 84.52.105.
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
Effective date—1973 2nd ex.s. c 4: "Sections 4 through 6 of this
1973 amendatory act shall be effective on and after January 1, 1974."
[1973 2nd ex.s. c 4 § 6.]
Emergency—1973 2nd ex.s. c 4: "Except as otherwise in this 1973
amendatory act provided, this 1973 amendatory act is necessary for the
immediate preservation of the public peace, health and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately." [1973 2nd ex.s. c 4 § 7.]
Construction—1973 1st ex.s. c 195: "Sections 135 through 152 of
this 1973 amendatory act shall apply to tax levies made in 1973 for
collection in 1974, and sections 1 through 134 shall apply to tax levies
made in 1974 and each year thereafter for collection in 1975 and each year
thereafter." [1973 1st ex.s. c 195 § 155.]
Severability—1973 1st ex.s. c 195: "If any provision of this 1973
amendatory act, or its application to any person or circumstance is held
(2002 Ed.)
84.52.043
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1973 1st ex.s. c 195 § 153.]
Effective dates and termination dates—1973 1st ex.s. c 195 (as
amended by 1973 2nd ex.s. c 4): "This 1973 amendatory act, chapter 195,
Laws of 1973, is necessary for the immediate preservation of the public
peace, health and safety, the support of the state government and its existing
public institutions, and shall take effect immediately: PROVIDED, That
section 9 shall take effect January 1, 1975, and section 133(3) shall take
effect on January 31, 1974: PROVIDED, FURTHER, That section 137
shall not be effective until July 1, 1973, at which time section 136 shall be
void and of no effect: PROVIDED, FURTHER, That section 138 shall not
be effective until January 1, 1974, at which time section 137 shall be void
and of no effect: PROVIDED, FURTHER, That section 139 shall not be
effective until July 1, 1974 at which time section 138 shall be void and of
no effect, and section 139 shall be null and void and of no further effect on
and after January 1, 1975: PROVIDED, FURTHER, That sections 1
through 8, sections 10 through 132, section 133(1), (2), (4), and (5), and
section 134 shall not take effect until January 1, 1974, at which time
sections 135, 136, and sections 140 through 151 shall be void and of no
effect: PROVIDED, FURTHER, That section 152 shall be void and of no
effect on and after January 1, 1975." [1973 2nd ex.s. c 4 § 3; 1973 1st ex.s.
c 195 § 154.]
84.52.050 Limitation of levies. Except as hereinafter
provided, the aggregate of all tax levies upon real and
personal property by the state and all taxing districts, now
existing or hereafter created, shall not in any year exceed
one percentum of the true and fair value of such property in
money: PROVIDED, HOWEVER, That nothing herein shall
prevent levies at the rates now provided by law by or for
any port or public utility district. The term "taxing district"
for the purposes of this section shall mean any political
subdivision, municipal corporation, district, or other governmental agency authorized by law to levy, or have levied for
it, ad valorem taxes on property, other than a port or public
utility district. Such aggregate limitation or any specific
limitation imposed by law in conformity therewith may be
exceeded only as authorized by law and in conformity with
the provisions of Article VII, section 2(a), (b), or (c) of the
Constitution of the state of Washington.
Nothing herein contained shall prohibit the legislature
from allocating or reallocating the authority to levy taxes
between the taxing districts of the state and its political
subdivisions in a manner which complies with the aggregate
tax limitation set forth in this section. [1973 1st ex.s. c 194
§ 1; 1973 c 2 § 1 (Initiative Measure No. 44, approved
November 7, 1972). Prior: 1972 ex.s. c 124 § 8; 1971 ex.s.
c 299 § 24; 1970 ex.s. c 92 § 5; 1970 ex.s. c 8 § 4; prior:
1969 ex.s. c 262 § 65; 1969 ex.s. c 216 § 1; 1967 ex.s. c
133 § 3; 1961 c 143 § 1; 1961 c 15 § 84.52.050; prior:
1957 c 262 § 1; 1953 c 175 § 1; 1951 2nd ex.s. c 23 § 2;
1951 c 255 § 1, part; 1950 ex.s. c 11 § 1, part; 1945 c 253
§ 1, part; 1941 c 176 § 1, part; 1939 c 83 § 1, part; 1939 c
2 (Initiative Measure No. 129); 1937 c 1 (Initiative Measure
No. 114); 1935 c 2 (Initiative Measure No. 94); 1933 c 4
(Initiative Measure No. 64); cf. RRS § 11238, 11238-1a,
11238-1b, 11238-1c, 11238-1d; Rem. Supp. 1941 § 11238;
Rem. Supp. 1945 § 11238-1e.]
Effective date—Severability—1972 ex.s. c 124: See notes following
RCW 28A.150.250.
Effective date—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
Intent—Effective date—Application—1970 ex.s. c 92: See notes
following RCW 84.52.010.
Limitation on levies: State Constitution Art. 7 § 2.
State levy for support of common schools: RCW 84.52.065 and 84.52.067.
[Title 84 RCW—page 103]
84.52.0502
Title 84 RCW: Property Taxes
84.52.0502 Rules for administration. The department of revenue shall adopt such rules consistent with
chapter 274, Laws of 1988 as shall be necessary or desirable
to permit its effective administration. [2000 c 103 § 29;
1988 c 274 § 9.]
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
84.52.052 Excess levies authorized—When—
Procedure. (Effective until January 1, 2003, if the proposed amendment to Article VII, section 2 of the state
Constitution is approved at the November 2002 general
election.) The limitations imposed by RCW 84.52.050
through 84.52.056, and RCW 84.52.043 shall not prevent the
levy of additional taxes by any taxing district except school
districts in which a larger levy is necessary in order to prevent the impairment of the obligation of contracts. As used
in this section, the term "taxing district" means any county,
metropolitan park district, park and recreation service area,
park and recreation district, water-sewer district, solid waste
disposal district, public facilities district, flood control zone
district, county rail district, service district, public hospital
district, road district, rural county library district, island
library district, rural partial-county library district, intercounty rural library district, fire protection district, cemetery
district, city, town, transportation benefit district, emergency
medical service district with a population density of less than
one thousand per square mile, cultural arts, stadium, and
convention district, or city transportation authority.
Any such taxing district may levy taxes at a rate in
excess of the rate specified in RCW 84.52.050 through
84.52.056 and 84.52.043, or 84.55.010 through 84.55.050,
when authorized so to do by the voters of such taxing
district in the manner set forth in Article VII, section 2(a) of
the Constitution of this state at a special or general election
to be held in the year in which the levy is made.
A special election may be called and the time therefor
fixed by the county legislative authority, or council, board of
commissioners, or other governing body of any such taxing
district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections,
at which special election the proposition authorizing such
excess levy shall be submitted in such form as to enable the
voters favoring the proposition to vote "yes" and those
opposed thereto to vote "no." [2002 c 248 § 16; 1996 c 230
§ 1615; 1993 c 284 § 4; 1991 c 138 § 1; 1989 c 53 § 4;
1988 ex.s. c 1 § 18. Prior: 1983 c 315 § 10; 1983 c 303 §
16; 1983 c 130 § 11; 1983 c 2 § 19; prior: 1982 1st ex.s. c
22 § 17; 1982 c 175 § 7; 1982 c 123 § 19; 1981 c 210 § 20;
1977 ex.s. c 325 § 1; 1977 c 4 § 1; 1973 1st ex.s. c 195 §
102; 1973 1st ex.s. c 195 § 147; 1973 c 3 § 1; 1971 ex.s. c
288 § 26; 1965 ex.s. c 113 § 1; 1963 c 112 § 1; 1961 c 15
§ 84.52.052; prior: 1959 c 304 § 8; 1959 c 290 § 1; 1957
c 58 § 15; 1957 c 32 § 1; 1955 c 93 § 1; 1953 c 189 § 1;
1951 2nd ex.s. c 23 § 3; prior: 1951 c 255 § 1, part; 1950
ex.s. c 11 § 1, part; 1945 c 253 § 1, part; 1941 c 176 § 1,
part; 1939 c 83 § 1, part; 1939 c 2 (Init. Meas. No. 129);
1937 c 1 (Init. Meas. No. 114); 1935 c 2 (Init. Meas. No.
94); 1933 c 4 (Init. Meas. No. 64); Rem. Supp. 1945 §
11238-1e, part.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
[Title 84 RCW—page 104]
Severability—1989 c 53: See note following RCW 36.73.020.
Severability—1988 ex.s. c 1: See RCW 36.100.900.
Severability—1983 c 315: See note following RCW 90.03.500.
Severability—1983 c 303: See RCW 36.60.905.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1982 1st ex.s. c 22: See RCW 67.38.905.
Severability—1982 c 175: See note following RCW 36.58.100.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—1977 ex.s. c 325: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 325 § 5.]
Effective date—1977 ex.s. c 325: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977." [1977 ex.s. c 325 § 6.]
Severability—1977 c 4: "If any provision of this 1977 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 c 4 § 4.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.52.052 Excess levies authorized—When—
Procedure. (Effective January 1, 2003, if the proposed
amendment to Article VII, section 2 of the state Constitution is approved at the November 2002 general election.)
The limitations imposed by RCW 84.52.050 through
84.52.056, and RCW 84.52.043 shall not prevent the levy of
additional taxes by any taxing district, except school districts
and fire protection districts, in which a larger levy is
necessary in order to prevent the impairment of the obligation of contracts. As used in this section, the term "taxing
district" means any county, metropolitan park district, park
and recreation service area, park and recreation district,
water-sewer district, solid waste disposal district, public
facilities district, flood control zone district, county rail
district, service district, public hospital district, road district,
rural county library district, island library district, rural
partial-county library district, intercounty rural library
district, cemetery district, city, town, transportation benefit
district, emergency medical service district with a population
density of less than one thousand per square mile, cultural
arts, stadium, and convention district, or city transportation
authority.
Any such taxing district may levy taxes at a rate in
excess of the rate specified in RCW 84.52.050 through
84.52.056 and 84.52.043, or 84.55.010 through 84.55.050,
when authorized so to do by the voters of such taxing
district in the manner set forth in Article VII, section 2(a) of
the Constitution of this state at a special or general election
to be held in the year in which the levy is made.
A special election may be called and the time therefor
fixed by the county legislative authority, or council, board of
commissioners, or other governing body of any such taxing
district, by giving notice thereof by publication in the manner provided by law for giving notices of general elections,
at which special election the proposition authorizing such
excess levy shall be submitted in such form as to enable the
voters favoring the proposition to vote "yes" and those
opposed thereto to vote "no." [2002 c 248 § 16; 2002 c 180
(2002 Ed.)
Levy of Taxes
§ 1; 1996 c 230 § 1615; 1993 c 284 § 4; 1991 c 138 § 1;
1989 c 53 § 4; 1988 ex.s. c 1 § 18. Prior: 1983 c 315 § 10;
1983 c 303 § 16; 1983 c 130 § 11; 1983 c 2 § 19; prior:
1982 1st ex.s. c 22 § 17; 1982 c 175 § 7; 1982 c 123 § 19;
1981 c 210 § 20; 1977 ex.s. c 325 § 1; 1977 c 4 § 1; 1973
1st ex.s. c 195 § 102; 1973 1st ex.s. c 195 § 147; 1973 c 3
§ 1; 1971 ex.s. c 288 § 26; 1965 ex.s. c 113 § 1; 1963 c 112
§ 1; 1961 c 15 § 84.52.052; prior: 1959 c 304 § 8; 1959 c
290 § 1; 1957 c 58 § 15; 1957 c 32 § 1; 1955 c 93 § 1;
1953 c 189 § 1; 1951 2nd ex.s. c 23 § 3; prior: 1951 c 255
§ 1, part; 1950 ex.s. c 11 § 1, part; 1945 c 253 § 1, part;
1941 c 176 § 1, part; 1939 c 83 § 1, part; 1939 c 2 (Init.
Meas. No. 129); 1937 c 1 (Init. Meas. No. 114); 1935 c 2
(Init. Meas. No. 94); 1933 c 4 (Init. Meas. No. 64); Rem.
Supp. 1945 § 11238-1e, part.]
Reviser’s note: This section was amended by 2002 c 180 § 1 and by
2002 c 248 § 16, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Contingent effective date—2002 c 180: "This act takes effect
January 1, 2003, if the proposed amendment to Article VII, section 2 of the
state Constitution authorizing multiyear excess property tax levies is validly
submitted to and approved by the voters at the next general election. If the
proposed amendment is not approved, this act is void in its entirety." [2002
c 180 § 4.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1989 c 53: See note following RCW 36.73.020.
Severability—1988 ex.s. c 1: See RCW 36.100.900.
Severability—1983 c 315: See note following RCW 90.03.500.
Severability—1983 c 303: See RCW 36.60.905.
Severability—1983 c 2: See note following RCW 18.71.030.
Severability—1982 1st ex.s. c 22: See RCW 67.38.905.
Severability—1982 c 175: See note following RCW 36.58.100.
Severability—1981 c 210: See note following RCW 36.68.400.
Severability—1977 ex.s. c 325: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 325 § 5.]
Effective date—1977 ex.s. c 325: "This 1977 amendatory act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect July 1, 1977." [1977 ex.s. c 325 § 6.]
Severability—1977 c 4: "If any provision of this 1977 amendatory
act, or its application to any person or circumstance is held invalid, the
remainder of the act, or the application of the provision to other persons or
circumstances is not affected." [1977 c 4 § 4.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.52.053 Levies by school districts authorized—
When—Procedure. The limitations imposed by RCW
84.52.050 through 84.52.056, and 84.52.043 shall not prevent
the levy of taxes by school districts, when authorized so to
do by the voters of such school district in the manner and
for the purposes and number of years allowable under
Article VII, section 2(a) of the Constitution of this state.
Elections for such taxes shall be held in the year in which
the levy is made or, in the case of propositions authorizing
two-year through four-year levies for maintenance and
operation support of a school district, authorizing two-year
levies for transportation vehicle funds established in RCW
(2002 Ed.)
84.52.052
28A.160.130, or authorizing two-year through six-year levies
to support the construction, modernization, or remodeling of
school facilities, in the year in which the first annual levy is
made: PROVIDED, That once additional tax levies have
been authorized for maintenance and operation support of a
school district for a two-year through four-year period, no
further additional tax levies for maintenance and operation
support of the district for that period may be authorized.
A special election may be called and the time therefor
fixed by the board of school directors, by giving notice
thereof by publication in the manner provided by law for
giving notices of general elections, at which special election
the proposition authorizing such excess levy shall be
submitted in such form as to enable the voters favoring the
proposition to vote "yes" and those opposed thereto to vote
"no". [1997 c 260 § 1; 1994 c 116 § 1; 1987 1st ex.s. c 2
§ 103; 1986 c 133 § 1; 1977 ex.s. c 325 § 3.]
Contingent effective date—1997 c 260: "This act takes effect if the
proposed amendment to Article VII, section 2 of the state Constitution
authorizing school levies for periods not exceeding four years is validly
submitted to and is approved and ratified by the voters at the next general
election. If the proposed amendment is not approved and ratified, this act
is void in its entirety." [1997 c 260 § 2.] House Joint Resolution No. 4208
was approved and ratified by the voters at the November 4, 1997, general
election.
Intent—Severability—Effective date—1987 1st ex.s. c 2: See notes
following RCW 84.52.0531.
Contingent effective date—1986 c 133: "This act shall take effect
on December 15, 1986, if the proposed amendment to Article VII, section
2 of the state Constitution to change the time periods for school levies,
House Joint Resolution No. 55, is validly submitted and is approved and
ratified by the voters at a general election held in November, 1986. If the
proposed amendment is not so approved and ratified, this act shall be null
and void in its entirety." [1986 c 133 § 3.] 1986 House Joint Resolution
No. 55 was approved at the November 1986 general election. See Article
VII, section 2 and Amendment 79 of the state Constitution.
Severability—Effective date—1977 ex.s. c 325: See notes following
RCW 84.52.052.
School district boundary changes: RCW 84.09.037.
School funds enumerated—Deposits—Uses: RCW 28A.320.330.
84.52.0531 Levies by school districts—Maximum
dollar amount for maintenance and operation support—
Restrictions—Maximum levy percentage—Levy reduction
funds—Rules. The maximum dollar amount which may be
levied by or for any school district for maintenance and
operation support under the provisions of RCW 84.52.053
shall be determined as follows:
(1) For excess levies for collection in calendar year
1997, the maximum dollar amount shall be calculated
pursuant to the laws and rules in effect in November 1996.
(2) For excess levies for collection in calendar year
1998 and thereafter, the maximum dollar amount shall be the
sum of (a) plus or minus (b) and (c) of this subsection minus
(d) of this subsection:
(a) The district’s levy base as defined in subsection (3)
of this section multiplied by the district’s maximum levy
percentage as defined in subsection (4) of this section;
(b) For districts in a high/nonhigh relationship, the high
school district’s maximum levy amount shall be reduced and
the nonhigh school district’s maximum levy amount shall be
increased by an amount equal to the estimated amount of the
nonhigh payment due to the high school district under RCW
[Title 84 RCW—page 105]
84.52.0531
Title 84 RCW: Property Taxes
28A.545.030(3) and 28A.545.050 for the school year
commencing the year of the levy;
(c) For districts in an interdistrict cooperative agreement,
the nonresident school district’s maximum levy amount shall
be reduced and the resident school district’s maximum levy
amount shall be increased by an amount equal to the per
pupil basic education allocation included in the nonresident
district’s levy base under subsection (3) of this section
multiplied by:
(i) The number of full-time equivalent students served
from the resident district in the prior school year; multiplied
by:
(ii) The serving district’s maximum levy percentage
determined under subsection (4) of this section; increased by:
(iii) The percent increase per full-time equivalent
student as stated in the state basic education appropriation
section of the biennial budget between the prior school year
and the current school year divided by fifty-five percent;
(d) The district’s maximum levy amount shall be
reduced by the maximum amount of state matching funds for
which the district is eligible under RCW 28A.500.010.
(3) For excess levies for collection in calendar year
1998 and thereafter, a district’s levy base shall be the sum
of allocations in (a) through (c) of this subsection received
by the district for the prior school year, including allocations
for compensation increases, plus the sum of such allocations
multiplied by the percent increase per full time equivalent
student as stated in the state basic education appropriation
section of the biennial budget between the prior school year
and the current school year and divided by fifty-five percent.
A district’s levy base shall not include local school district
property tax levies or other local revenues, or state and
federal allocations not identified in (a) through (c) of this
subsection.
(a) The district’s basic education allocation as determined pursuant to RCW 28A.150.250, 28A.150.260, and
28A.150.350;
(b) State and federal categorical allocations for the
following programs:
(i) Pupil transportation;
(ii) Special education;
(iii) Education of highly capable students;
(iv) Compensatory education, including but not limited
to learning assistance, migrant education, Indian education,
refugee programs, and bilingual education;
(v) Food services; and
(vi) Statewide block grant programs; and
(c) Any other federal allocations for elementary and
secondary school programs, including direct grants, other
than federal impact aid funds and allocations in lieu of taxes.
(4) A district’s maximum levy percentage shall be
twenty-two percent in 1998 and twenty-four percent in 1999
and every year thereafter; plus, for qualifying districts, the
grandfathered percentage determined as follows:
(a) For 1997, the difference between the district’s 1993
maximum levy percentage and twenty percent; and
(b) For 1998 and thereafter, the percentage calculated as
follows:
(i) Multiply the grandfathered percentage for the prior
year times the district’s levy base determined under subsection (3) of this section;
[Title 84 RCW—page 106]
(ii) Reduce the result of (b)(i) of this subsection by any
levy reduction funds as defined in subsection (5) of this
section that are to be allocated to the district for the current
school year;
(iii) Divide the result of (b)(ii) of this subsection by the
district’s levy base; and
(iv) Take the greater of zero or the percentage calculated in (b)(iii) of this subsection.
(5) "Levy reduction funds" shall mean increases in state
funds from the prior school year for programs included
under subsection (3) of this section: (a) That are not
attributable to enrollment changes, compensation increases,
or inflationary adjustments; and (b) that are or were specifically identified as levy reduction funds in the appropriations
act. If levy reduction funds are dependent on formula
factors which would not be finalized until after the start of
the current school year, the superintendent of public instruction shall estimate the total amount of levy reduction funds
by using prior school year data in place of current school
year data. Levy reduction funds shall not include moneys
received by school districts from cities or counties.
(6) For the purposes of this section, "prior school year"
means the most recent school year completed prior to the
year in which the levies are to be collected.
(7) For the purposes of this section, "current school
year" means the year immediately following the prior school
year.
(8) Funds collected from transportation vehicle fund tax
levies shall not be subject to the levy limitations in this
section.
(9) The superintendent of public instruction shall
develop rules and regulations and inform school districts of
the pertinent data necessary to carry out the provisions of
this section. [1997 c 259 § 2; 1995 1st sp.s. c 11 § 1; 1994
c 116 § 2; 1993 c 465 § 1; 1992 c 49 § 1; 1990 c 33 § 601;
1989 c 141 § 1; 1988 c 252 § 1; 1987 1st ex.s. c 2 § 101;
1987 c 185 § 40; 1985 c 374 § 1. Prior: 1981 c 264 § 10;
1981 c 168 § 1; 1979 ex.s. c 172 § 1; 1977 ex.s. c 325 § 4.]
Funding not related to basic education—1997 c 259: "Funding
resulting from this act is for school district activities which supplement or
are not related to the state’s basic program of education obligation as set
forth under Article IX of the state Constitution." [1997 c 259 § 1.]
Purpose—Statutory references—Severability—1990 c 33: See
RCW 28A.900.100 through 28A.900.102.
Effective date—1989 c 141: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1989." [1989 c 141 § 2.]
Intent—1987 1st ex.s. c 2: "The legislature intends to establish the
limitation on school district maintenance and operations levies at twenty
percent, with ten percent to be equalized on a statewide basis. The
legislature further intends to establish a modern school financing system for
compensation of school staff and provide a class size reduction in grades
kindergarten through three. The legislature intends to give the highest
funding priority to strengthening support for existing school programs.
The legislature finds that providing for the adoption of a statewide
salary allocation schedule for certificated instructional staff will encourage
recruitment and retention of able individuals to the teaching profession, and
limit the administrative burden associated with implementing state teacher
salary policies." [1987 1st ex.s. c 2 § 1.]
Severability—1987 1st ex.s. c 2: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 1st ex.s. c 2 § 213.]
(2002 Ed.)
Levy of Taxes
84.52.0531
Effective date—1987 1st ex.s. c 2: "This act shall take effect
September 1, 1987." [1987 1st ex.s. c 2 § 214.]
Intent—Severability—1987 c 185: See notes following RCW
51.12.130.
Severability—1985 c 374: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 374 § 3.]
Effective date—1981 c 264: "Section 10 of this amendatory act shall
become effective for maintenance and operation excess tax levies now or
hereafter authorized pursuant to RCW 84.52.053, as now or hereafter
amended, for collection in 1982 and thereafter." [1981 c 264 § 11.]
Severability—1981 c 264: See note following RCW 28A.545.030.
Effective date—1979 ex.s. c 172: "This amendatory act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect on September 1, 1979." [1979 ex.s. c 172 § 3.]
Severability—1979 ex.s. c 172: "If any provision of this amendatory
act or its application to any person or circumstance is held invalid, the
remainder of the act or the application of the provision to other persons or
circumstances is not affected." [1979 ex.s. c 172 § 2.]
Severability—Effective date—1977 ex.s. c 325: See notes following
RCW 84.52.052.
Payments to high school districts for educating nonhigh school district
students: Chapter 28A.545 RCW.
Purposes: RCW 28A.545.030.
Rules to effect purposes and implement provisions: RCW 28A.545.110.
Superintendent’s annual determination of estimated amount due—Process:
RCW 28A.545.070.
required by law, authorize the issuance of general obligation
bonds for capital purposes only, which shall not include the
replacement of equipment, and provide for the payment of
the principal and interest of such bonds by annual levies in
excess of the tax limitations contained in RCW 84.52.050 to
84.52.056, inclusive and RCW 84.52.043. Such an election
shall not be held oftener than twice a calendar year, and the
proposition to issue any such bonds and to exceed said tax
limitation must receive the affirmative vote of a three-fifths
majority of those voting on the proposition and the total
number of persons voting at such election must constitute
not less than forty percent of the voters in said municipal
corporation who voted at the last preceding general state
election.
Any taxing district shall have the right by vote of its
governing body to refund any general obligation bonds of
said district issued for capital purposes only, and to provide
for the interest thereon and amortization thereof by annual
levies in excess of the tax limitations provided for in RCW
84.52.050 to 84.52.056, inclusive and RCW 84.52.043.
[1973 1st ex.s. c 195 § 104; 1973 1st ex.s. c 195 § 148;
1961 c 15 § 84.52.056. Prior: 1959 c 290 § 2; 1951 2nd
ex.s. c 23 § 4; prior: 1951 c 255 § 1, part; 1950 ex.s. c 11
§ 1, part; 1945 c 253 § 1, part; 1941 c 176 § 1, part; 1939
c 83 § 1, part; 1939 c 2 (Init. Meas. No. 129); 1937 c 1
(Init. Meas. No. 114); 1935 c 2 (Init. Meas. No. 94); 1933
c 4 (Init. Meas. No. 64); Rem. Supp. 1945 § 11238-1e, part.]
84.52.054 Excess levies—Ballot contents—Eventual
dollar rate on tax rolls. The additional tax provided for in
subparagraph (a) of the seventeenth amendment to the state
Constitution as amended by Amendment 59 and as thereafter
amended, and specifically authorized by RCW 84.52.052, as
now or hereafter amended, and RCW 84.52.053 and
84.52.0531, shall be set forth in terms of dollars on the
ballot of the proposition to be submitted to the voters,
together with an estimate of the dollar rate of tax levy that
will be required to produce the dollar amount; and the
county assessor, in spreading this tax upon the rolls, shall
determine the eventual dollar rate required to produce the
amount of dollars so voted upon, regardless of the estimate
of dollar rate of tax levy carried in said proposition. In the
case of a school district proposition for a particular period,
the dollar amount and the corresponding estimate of the
dollar rate of tax levy shall be set forth for each of the years
in that period. The dollar amount for each annual levy in
the particular period may be equal or in different amounts.
[1986 c 133 § 2; 1977 ex.s. c 325 § 2; 1977 c 4 § 2; 1973
1st ex.s. c 195 § 103; 1961 c 15 § 84.52.054. Prior: 1955
c 105 § 1.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Contingent effective date—1986 c 133: See note following RCW
84.52.053.
Severability—Effective date—1977 ex.s. c 325: See notes following
RCW 84.52.052.
Severability—1977 c 4: See note following RCW 84.52.052.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
84.52.056 Excess levies for capital purposes authorized. Any municipal corporation otherwise authorized by
law to issue general obligation bonds for capital purposes
may, at an election duly held after giving notice thereof as
(2002 Ed.)
84.52.063 Rural library district levies. A rural
library district may impose a regular property tax levy in an
amount equal to that which would be produced by a levy of
fifty cents per thousand dollars of assessed value multiplied
by an assessed valuation equal to one hundred percent of the
true and fair value of the taxable property in the rural library
district, as determined by the department of revenue’s
indicated county ratio: PROVIDED, That when any county
assessor shall find that the aggregate rate of levy on any
property will exceed the limitation set forth in RCW
84.52.043 and 84.52.050, as now or hereafter amended,
before recomputing and establishing a consolidated levy in
the manner set forth in RCW 84.52.010, the assessor shall
first reduce the levy of any rural library district, by such
amount as may be necessary, but the levy of any rural
library district shall not be reduced to less than fifty cents
per thousand dollars against the value of the taxable property, as determined by the county, prior to any further adjustments pursuant to RCW 84.52.010. For purposes of this
section "regular property tax levy" shall mean a levy subject
to the limitations provided for in Article VII, section 2 of the
state Constitution and/or by statute. [2001 c 187 § 25; 1997
c 3 § 125 (Referendum Bill No. 47, approved November 4,
1997); 1973 1st ex.s. c 195 § 105; 1973 1st ex.s. c 195 §
150; 1970 ex.s. c 92 § 9.]
Contingent effective date—2001 c 187: See note following RCW
84.70.010.
Application—2001 c 187: See note following RCW 84.40.020.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
[Title 84 RCW—page 107]
84.52.063
Title 84 RCW: Property Taxes
Intent—Effective date—Application—1970 ex.s. c 92: See notes
following RCW 84.52.010.
84.52.065 State levy for support of common schools.
Subject to the limitations in RCW 84.55.010, in each year
the state shall levy for collection in the following year for
the support of common schools of the state a tax of three
dollars and sixty cents per thousand dollars of assessed value
upon the assessed valuation of all taxable property within the
state adjusted to the state equalized value in accordance with
the indicated ratio fixed by the state department of revenue.
As used in this section, "the support of common
schools" includes the payment of the principal and interest
on bonds issued for capital construction projects for the
common schools. [1991 sp.s. c 31 § 16; 1979 ex.s. c 218 §
1; 1973 1st ex.s. c 195 § 106; 1971 ex.s. c 299 § 25; 1969
ex.s. c 216 § 2; 1967 ex.s. c 133 § 1.]
Severability—1991 sp.s. c 31: See RCW 43.99I.900.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Effective date—Severability—1971 ex.s. c 299: See notes following
RCW 82.04.050.
Limitation of levies: RCW 84.52.050.
84.52.067 State levy for support of common
schools—Disposition of funds. All property taxes levied by
the state for the support of common schools shall be paid
into the general fund of the state treasury as provided in
RCW 84.56.280, except for the amounts collected under
RCW 84.52.068 which shall be directly deposited into the
student achievement fund and distributed to school districts
as provided in RCW 84.52.068. [2001 c 3 § 7 (Initiative
Measure No. 728, approved November 7, 2000); 1967 ex.s.
c 133 § 2.]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes
following RCW 28A.505.210.
84.52.068 State levy—Distribution to school districts. (1) A portion of the proceeds of the state property
tax levy shall be distributed to school districts in the
amounts and in the manner provided in this section.
(2) The amount of the distribution to each school district
shall be based upon the average number of full-time equivalent students in the school district during the previous school
year, and shall be calculated as follows:
(a) Out of taxes collected in calendar years 2001
through and including 2003, an annual amount equal to one
hundred forty dollars per each full-time equivalent student in
all school districts shall be deposited in the student
achievement fund to be distributed to each school district
based on one hundred forty dollars per full-time equivalent
student in the school district for each year beginning with
the school year 2001-2002.
(b) Out of taxes collected in calendar year 2004, an
annual amount equal to four hundred fifty dollars per fulltime equivalent student in all school districts shall be
deposited in the student achievement fund to be distributed
to each school district based on four hundred fifty dollars per
full-time equivalent student for each year beginning with the
school year 2004-2005. Each subsequent year, the amount
[Title 84 RCW—page 108]
deposited shall be adjusted for inflation as defined in *RCW
43.135.025(7).
(3) The office of the superintendent of public instruction
shall verify the average number of full-time equivalent
students in each school district from the previous school year
to the state treasurer by August 1st of each year. [2001 c 3
§ 5 (Initiative Measure No. 728, approved November 7,
2000).]
*Reviser’s note: RCW 43.135.025 was amended by 2000 2nd sp.s.
c 2 § 1, changing subsection (7) to subsection (8).
Application—2001 c 3 § 5 (Initiative Measure No. 728): "Section
5 of this act applies to taxes levied in 2000 for collection in 2001 and
thereafter." [2001 c 3 § 6 (Initiative Measure No. 728, approved November
7, 2000).]
Short title—Purpose—Intent—Construction—Severability—
Effective dates—2001 c 3 (Initiative Measure No. 728): See notes
following RCW 28A.505.210.
84.52.069 Emergency medical care and service
levies. (1) As used in this section, "taxing district" means a
county, emergency medical service district, city or town,
public hospital district, urban emergency medical service
district, or fire protection district.
(2) A taxing district may impose additional regular
property tax levies in an amount equal to fifty cents or less
per thousand dollars of the assessed value of property in the
taxing district. The tax shall be imposed (a) each year for
six consecutive years, (b) each year for ten consecutive
years, or (c) permanently. A tax levy under this section
must be specifically authorized by a majority of at least
three-fifths of the registered voters thereof approving a
proposition authorizing the levies submitted at a general or
special election, at which election the number of persons
voting "yes" on the proposition shall constitute three-fifths
of a number equal to forty percent of the total number of
voters voting in such taxing district at the last preceding
general election when the number of registered voters voting
on the proposition does not exceed forty percent of the total
number of voters voting in such taxing district in the last
preceding general election; or by a majority of at least threefifths of the registered voters thereof voting on the proposition when the number of registered voters voting on the
proposition exceeds forty percent of the total number of
voters voting in such taxing district in the last preceding
general election. Ballot propositions shall conform with
RCW 29.30.111. A taxing district shall not submit to the
voters at the same election multiple propositions to impose
a levy under this section.
(3) A taxing district imposing a permanent levy under
this section shall provide for separate accounting of expenditures of the revenues generated by the levy. The taxing
district shall maintain a statement of the accounting which
shall be updated at least every two years and shall be
available to the public upon request at no charge.
(4) A taxing district imposing a permanent levy under
this section shall provide for a referendum procedure to
apply to the ordinance or resolution imposing the tax. This
referendum procedure shall specify that a referendum
petition may be filed at any time with a filing officer, as
identified in the ordinance or resolution. Within ten days,
the filing officer shall confer with the petitioner concerning
form and style of the petition, issue the petition an identifica(2002 Ed.)
Levy of Taxes
tion number, and secure an accurate, concise, and positive
ballot title from the designated local official. The petitioner
shall have thirty days in which to secure the signatures of
not less than fifteen percent of the registered voters of the
taxing district, as of the last general election, upon petition
forms which contain the ballot title and the full text of the
measure to be referred. The filing officer shall verify the
sufficiency of the signatures on the petition and, if sufficient
valid signatures are properly submitted, shall certify the
referendum measure to the next election within the taxing
district if one is to be held within one hundred eighty days
from the date of filing of the referendum petition, or at a
special election to be called for that purpose in accordance
with RCW 29.13.020.
The referendum procedure provided in this subsection
shall be exclusive in all instances for any taxing district
imposing the tax under this section and shall supersede the
procedures provided under all other statutory or charter
provisions for initiative or referendum which might otherwise apply.
(5) Any tax imposed under this section shall be used
only for the provision of emergency medical care or emergency medical services, including related personnel costs,
training for such personnel, and related equipment, supplies,
vehicles and structures needed for the provision of emergency medical care or emergency medical services.
(6) If a county levies a tax under this section, no taxing
district within the county may levy a tax under this section.
No other taxing district may levy a tax under this section if
another taxing district has levied a tax under this section
within its boundaries: PROVIDED, That if a county levies
less than fifty cents per thousand dollars of the assessed
value of property, then any other taxing district may levy a
tax under this section equal to the difference between the
rate of the levy by the county and fifty cents: PROVIDED
FURTHER, That if a taxing district within a county levies
this tax, and the voters of the county subsequently approve
a levying of this tax, then the amount of the taxing district
levy within the county shall be reduced, when the combined
levies exceed fifty cents. Whenever a tax is levied countywide, the service shall, insofar as is feasible, be provided
throughout the county: PROVIDED FURTHER, That no
county-wide levy proposal may be placed on the ballot
without the approval of the legislative authority of each city
exceeding fifty thousand population within the county: AND
PROVIDED FURTHER, That this section and RCW
36.32.480 shall not prohibit any city or town from levying
an annual excess levy to fund emergency medical services:
AND PROVIDED, FURTHER, That if a county proposes to
impose tax levies under this section, no other ballot proposition authorizing tax levies under this section by another
taxing district in the county may be placed before the voters
at the same election at which the county ballot proposition
is placed: AND PROVIDED FURTHER, That any taxing
district emergency medical service levy that is limited in
duration and that is authorized subsequent to a county
emergency medical service levy that is limited in duration,
shall expire concurrently with the county emergency medical
service levy.
(7) The limitations in RCW 84.52.043 shall not apply to
the tax levy authorized in this section.
(2002 Ed.)
84.52.069
(8) If a ballot proposition approved under subsection (2)
of this section did not impose the maximum allowable levy
amount authorized for the taxing district under this section,
any future increase up to the maximum allowable levy
amount must be specifically authorized by the voters in
accordance with subsection (2) of this section at a general or
special election.
(9) The limitation in RCW 84.55.010 shall not apply to
the first levy imposed pursuant to this section following the
approval of such levy by the voters pursuant to subsection
(2) of this section. [1999 c 224 § 1; 1995 c 318 § 9; 1994
c 79 § 2; 1993 c 337 § 5; 1991 c 175 § 1; 1985 c 348 § 1;
1984 c 131 § 5; 1979 ex.s. c 200 § 1.]
Application—1999 c 224: "This act applies to levies authorized after
July 25, 1999." [1999 c 224 § 3.]
Effective date—1995 c 318: See note following RCW 82.04.030.
Finding—1993 c 337: See note following RCW 84.52.105.
Purpose—1984 c 131 §§ 3-9: See note following RCW 29.30.111.
Severability—1979 ex.s. c 200: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 200 § 3.]
84.52.070 Certification of levies to assessor. It shall
be the duty of the county legislative authority of each
county, on or before the thirtieth day of November in each
year, to certify to the county assessor of the county the
amount of taxes levied upon the property in the county for
county purposes, and the respective amounts of taxes levied
by the board for each taxing district, within or coextensive
with the county, for district purposes, and it shall be the duty
of the council of each city having a population of three
hundred thousand or more, and of the council of each town,
and of all officials or boards of taxing districts within or
coextensive with the county, authorized by law to levy taxes
directly and not through the county legislative authority, on
or before the thirtieth day of November in each year, to
certify to the county assessor of the county the amount of
taxes levied upon the property within the city, town, or
district for city, town, or district purposes. If a levy amount
is not certified to the county assessor by the thirtieth day of
November, the county assessor shall use no more than the
certified levy amount for the previous year for the taxing
district: PROVIDED, That this shall not apply to the state
levy or when the assessor has not certified assessed values
as required by RCW 84.48.130 at least twelve working days
prior to November 30th. [1994 c 81 § 86; 1988 c 222 § 28;
1961 c 15 § 84.52.070. Prior: 1925 ex.s. c 130 § 78; RRS
§ 11239; prior: 1890 p 558 §§ 77, 78; Code 1881 § 2881.]
Effective date—1988 c 222: See note following RCW 84.40.040.
84.52.080 Extension of taxes on rolls—Form of
certificate—Delivery to treasurer. (1) The county assessor
shall extend the taxes upon the tax rolls in the form herein
prescribed. The rate percent necessary to raise the amounts
of taxes levied for state and county purposes, and for purposes of taxing districts coextensive with the county, shall be
computed upon the assessed value of the property of the
county; the rate percent necessary to raise the amount of
taxes levied for any taxing district within the county shall be
computed upon the assessed value of the property of the district; all taxes assessed against any property shall be added
[Title 84 RCW—page 109]
84.52.080
Title 84 RCW: Property Taxes
together and extended on the rolls in a column headed consolidated or total tax. In extending any tax, whenever it
amounts to a fractional part of a cent greater than five mills
it shall be made one cent, and whenever it amounts to five
mills or less than five mills it shall be dropped. The amount
of all taxes shall be entered in the proper columns, as shown
by entering the rate percent necessary to raise the consolidated or total tax and the total tax assessed against the property.
(2) For the purpose of computing the rate necessary to
raise the amount of any excess levy in a taxing district
which has classified or designated forest land under chapter
84.33 RCW, other than the state, the county assessor shall
add the district’s timber assessed value, as defined in RCW
84.33.035, to the assessed value of the property: PROVIDED, That for school districts maintenance and operations
levies only one-half of the district’s timber assessed value or
eighty percent of the timber roll of such district in calendar
year 1983 as determined under chapter 84.33 RCW, whichever is greater, shall be added.
(3) Upon the completion of such tax extension, it shall
be the duty of the county assessor to make in each assessment book, tax roll or list a certificate in the following form:
I, . . . . . ., assessor of . . . . . . county, state of Washington, do hereby certify that the foregoing is a correct list
of taxes levied on the real and personal property in the
county of . . . . . . for the year one thousand nine hundred
and . . . . . .
Witness my hand this . . . . day of . . . . . ., 19. . .
. . . . . . . . , County Assessor
(4) The county assessor shall deliver said tax rolls to the
county treasurer, on or before the fifteenth day of January,
taking receipt therefor, and at the same time the county
assessor shall provide the county auditor with an abstract of
the tax rolls showing the total amount of taxes collectible in
each of the taxing districts. [1989 c 378 § 16; 1988 c 222
§ 29; 1985 c 184 § 2; 1984 c 204 § 14; 1965 ex.s. c 7 § 1;
1961 c 15 § 84.52.080. Prior: 1925 ex.s. c 130 § 79; RRS
§ 11240; prior: 1909 c 230 § 4; 1905 c 128 § 1; 1897 c 71
§§ 64, 65; 1893 c 124 §§ 65, 66; 1890 p 566 §§ 79, 81;
Code 1881 §§ 2883, 2884.]
Effective date—1985 c 184 § 2: "Section 2 of this act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately, and shall be effective for taxes levied for collection
in 1986 and thereafter." [1985 c 184 § 4.]
Savings—Effective date—1984 c 204: See notes following RCW
84.33.035.
84.52.085 Property tax errors. (1) If an error has
occurred in the levy of property taxes that has caused all
taxpayers within a taxing district, other than the state, to pay
an incorrect amount of property tax, the assessor shall correct the error by making an appropriate adjustment to the
levy for that taxing district in the succeeding year. The
adjustment shall be made without including any interest. If
the governing authority of the taxing district determines that
the amount of the adjustment in the succeeding year is so
large as to cause a hardship for the taxing district or the
taxpayers within the district, the adjustment may be made on
a proportional basis over a period of not more than three
consecutive years.
[Title 84 RCW—page 110]
(a) A correction of an error in the levying of property
taxes shall not be made for any period more than three years
preceding the year in which the error is discovered.
(b) When calculating the levy limitation under chapter
84.55 RCW for levies made following the discovery of an
error, the assessor shall determine and use the correct levy
amount for the year or years being corrected as though the
error had not occurred. The amount of the adjustment
determined under this subsection (1) shall not be considered
when calculating the levy limitation.
(c) If the taxing district in which a levy error has
occurred does not levy property taxes in the year the error is
discovered, or for a period of more than three years subsequent to the year the error was discovered, an adjustment
shall not be made.
(2) If an error has occurred in the distribution of
property taxes so that property tax collected has been
incorrectly distributed to a taxing district or taxing districts
wholly or partially within a county, the treasurer of the
county in which the error occurred shall correct the error by
making an appropriate adjustment to the amount distributed
to that taxing district or districts in the succeeding year. The
adjustment shall be made without including any interest. If
the treasurer, in consultation with the governing authority of
the taxing district or districts affected, determines that the
amount of the adjustment in the succeeding year is so large
as to cause a hardship for the taxing district or districts, the
adjustment may be made on a proportional basis over a
period of not more than three consecutive years. A correction of an error in the distribution of property taxes shall not
be made for any period more than three years preceding the
year in which the error is discovered. [2001 c 185 § 14.]
Effective date—Application—2001 c 185 § 14: "Section 14 of this
act takes effect January 1, 2002, and applies to errors that occur on and after
January 1, 2002." [2001 c 185 § 17.]
84.52.105 Affordable housing levies authorized—
Declaration of emergency and plan required. (1) A
county, city, or town may impose additional regular property
tax levies of up to fifty cents per thousand dollars of
assessed value of property in each year for up to ten consecutive years to finance affordable housing for very lowincome households when specifically authorized to do so by
a majority of the voters of the taxing district voting on a
ballot proposition authorizing the levies. If both a county,
and a city or town within the county, impose levies authorized under this section, the levies of the last jurisdiction to
receive voter approval for the levies shall be reduced or
eliminated so that the combined rates of these levies may not
exceed fifty cents per thousand dollars of assessed valuation
in any area within the county. A ballot proposition authorizing a levy under this section must conform with RCW
84.52.054.
(2) The additional property tax levies may not be
imposed until:
(a) The governing body of the county, city, or town
declares the existence of an emergency with respect to the
availability of housing that is affordable to very low-income
households in the taxing district; and
(b) The governing body of the county, city, or town
adopts an affordable housing financing plan to serve as the
plan for expenditure of funds raised by a levy authorized
(2002 Ed.)
Levy of Taxes
84.52.105
under this section, and the governing body determines that
the affordable housing financing plan is consistent with
either the locally adopted or state-adopted comprehensive
housing affordability strategy, required under the CranstonGonzalez national affordable housing act (42 U.S.C. Sec.
12701, et seq.), as amended.
(3) For purposes of this section, the term "very lowincome household" means a single person, family, or
unrelated persons living together whose income is at or
below fifty percent of the median income, as determined by
the United States department of housing and urban development, with adjustments for household size, for the county
where the taxing district is located.
(4) The limitations in RCW 84.52.043 shall not apply to
the tax levy authorized in this section. [1995 c 318 § 10;
1993 c 337 § 2.]
trict, or authorizing two-year through six-year levies to
support the construction, modernization, or remodeling of
fire district facilities, in the year in which the first annual
levy is made. Once additional tax levies have been authorized for maintenance and operation support of a fire protection district for a two-year through four-year period, no further additional tax levies for maintenance and operation
support of the district for that period may be authorized.
A special election may be called and the time fixed by
the fire protection district commissioners, by giving notice
by publication in the manner provided by law for giving
notices of general elections, at which special election the
proposition authorizing the excess levy shall be submitted in
a form as to enable the voters favoring the proposition to
vote "yes" and those opposed to vote "no." [2002 c 180 §
2.]
Effective date—1995 c 318: See note following RCW 82.04.030.
Finding—1993 c 337: "The legislature finds that:
(1) Many very low-income residents of the state of Washington are
unable to afford housing that is decent, safe, and appropriate to their living
needs;
(2) Recent federal housing legislation conditions funding for affordable
housing on the availability of local matching funds;
(3) Current statutory debt limitations may impair the ability of
counties, cities, and towns to meet federal matching requirements and, as a
consequence, may impair the ability of such counties, cities, and towns to
develop appropriate and effective strategies to increase the availability of
safe, decent, and appropriate housing that is affordable to very low-income
households; and
(4) It is in the public interest to encourage counties, cities, and towns
to develop locally based affordable housing financing plans designed to
expand the availability of housing that is decent, safe, affordable, and
appropriate to the living needs of very low-income households of the
counties, cities, and towns." [1993 c 337 § 1.]
Contingent effective date—2002 c 180: See note following RCW
84.52.052.
84.52.700 County airport district levy authorized.
See RCW 14.08.290.
84.52.703 Mosquito control district levies authorized. See RCW 17.28.100, 17.28.252, and 17.28.260.
84.52.706 Rural county library district levy authorized. See RCW 27.12.050 and 27.12.222.
84.52.709 Intercounty rural library district levy
authorized. See RCW 27.12.150 and 27.12.222.
84.52.120 Metropolitan park districts—Protection
of levy from prorationing—Ballot proposition. A metropolitan park district with a population of one hundred fifty
thousand or more may submit a ballot proposition to voters
of the district authorizing the protection of the district’s tax
levy from prorationing under RCW 84.52.010(2) by imposing all or any portion of the district’s twenty-five cent per
thousand dollars of assessed valuation tax levy outside of the
five dollar and ninety cent per thousand dollar of assessed
valuation limitation established under RCW 84.52.043(2), if
those taxes otherwise would be prorated under RCW
84.52.010(2)(c), for taxes imposed in any year on or before
the first day of January six years after the ballot proposition
is approved. A simple majority vote of voters voting on the
proposition is required for approval. [1995 c 99 § 1.]
84.52.712 Reduction of city levy if part of library
district. See RCW 27.12.390.
84.52.130 Fire protection district excess levies.
(Effective January 1, 2003, if the proposed amendment to
Article VII, section 2 of the state Constitution is approved
at the November 2002 general election.) The limitations
imposed by RCW 84.52.050 through 84.52.056, and
84.52.043 shall not prevent the levy of taxes by a fire
protection district, when authorized so to do by the voters of
a fire protection district in the manner and for the purposes
and number of years allowable under Article VII, section
2(a) of the Constitution of this state. Elections for taxes
shall be held in the year in which the levy is made, or in the
case of propositions authorizing two-year through four-year
levies for maintenance and operation support of a fire dis-
84.52.724 City accident fund levy authorized. See
RCW 35.31.060.
(2002 Ed.)
84.52.713 Island library district levy authorized.
See RCW 27.12.420 and 27.12.222.
84.52.718 Levy by receiver of disincorporated city
authorized. See RCW 35.07.180.
84.52.719
35.23.470.
Second class city levies. See RCW
84.52.721 Unclassified city sewer fund levy authorized. See RCW 35.30.020.
84.52.727 City emergency fund levy authorized.
See RCW 35.32A.060.
84.52.730 City lowlands and waterway projects levy
authorized. See RCW 35.56.190.
84.52.733 Metropolitan municipal corporation levy
authorized. See RCW 35.58.090.
[Title 84 RCW—page 111]
84.52.736
Title 84 RCW: Property Taxes
84.52.736 Metropolitan park district levy authorized. See RCW 35.61.210.
84.52.790 Public hospital district levy authorized.
See RCW 70.44.060.
84.52.739 Code city accident fund levy authorized.
See RCW 35A.31.070.
84.52.793 Air pollution control agency levy authorized. See RCW 70.94.091.
84.52.742 County lands assessment fund levy
authorized. See RCW 36.33.120 and 36.33.140.
84.52.796 Mental retardation and developmental
disability services levy authorized. See RCW 71.20.110.
84.52.745 General county levy authorized. See
RCW 36.40.090.
84.52.799 Veteran’s relief fund levy authorized.
See RCW 73.08.080.
84.52.749 County rail district tax levies authorized.
See RCW 36.60.040.
84.52.750 Solid waste disposal district—Excess
levies authorized. See RCW 36.58.150.
84.52.802 Acquisition of open space, etc., land or
rights to future development by counties, cities, metropolitan municipal corporations or nonprofit nature
conservancy corporation or association—Property tax
levy authorized. See RCW 84.34.230.
84.52.751 County hospital maintenance levy authorized. See RCW 36.62.090.
84.52.808 River improvement fund levy authorized.
See RCW 86.12.010.
84.52.754 Park and recreation service area levies
authorized. See RCW 36.68.520 and 36.68.525.
84.52.811 Intercounty river control agreement levy
authorized. See RCW 86.13.010 and 86.13.030.
84.52.757 Park and recreation district levies
authorized. See RCW 36.69.140 and 36.69.145.
84.52.814 Flood control zone district levy authorized. See RCW 86.15.160.
84.52.760 County road fund levy authorized. See
RCW 36.82.040.
84.52.817 Irrigation and rehabilitation district
special assessment authorized. See RCW 87.84.070.
84.52.761 Road and bridge service district levies
authorized. See RCW 36.83.030 and 36.83.040.
84.52.820 Reclamation district levy authorized. See
RCW 89.30.391 through 89.30.397.
84.52.763 City firemen’s pension fund levy authorized. See RCW 41.16.060.
84.52.823
84.68.040.
84.52.769 Reduction of city levy if part of fire
protection district. See RCW 52.04.081.
84.52.772 Fire protection district levies authorized.
See RCW 52.16.130, 52.16.140, and 52.16.160.
84.52.775 Port district levies authorized. See RCW
53.36.020, 53.36.070, 53.36.100, and 53.47.040.
84.52.778 Public utility district levy authorized. See
RCW 54.16.080.
84.52.784 Water-sewer district levies authorized.
See RCW 57.04.050, 57.20.019, and 57.20.105.
84.52.786 Cultural arts, stadium and convention
district tax levies authorized. See RCW 67.38.110 and
67.38.130.
84.52.787 Cemetery district levy authorized. See
RCW 68.52.290 and 68.52.310.
[Title 84 RCW—page 112]
Levy for tax refund funds. See RCW
Chapter 84.55
LIMITATIONS UPON REGULAR
PROPERTY TAXES
Sections
84.55.005 Definitions.
84.55.010 Limitations prescribed.
84.55.0101 Limit factor—Authorization for taxing district to use one
hundred one percent or less—Ordinance or resolution.
84.55.012 Reduction of property tax levy—Setting amount of future
levies.
84.55.0121 Reduction of property tax levy for collection in 1998.
84.55.015 Restoration of regular levy.
84.55.020 Limitation upon first levy for district created from consolidation.
84.55.030 Limitation upon first levy following annexation.
84.55.035 Inapplicability of limitation to newly-formed taxing district
created other than by consolidation or annexation.
84.55.040 Increase in statutory dollar rate limitation.
84.55.045 Applicability of chapter to levy by port district for industrial
development district purposes.
84.55.047 Applicability of chapter to community revitalization financing increment areas.
84.55.050 Election to authorize increase in regular property tax levy—
Limited propositions—Procedure.
(2002 Ed.)
Limitations Upon Regular Property Taxes
84.55.060
84.55.070
84.55.080
84.55.092
84.55.100
84.55.110
84.55.120
84.55.125
Rate rules—Educational program—Other necessary action.
Inapplicability of chapter to levies for certain purposes.
Adjustment to tax limitation.
Protection of future levy capacity.
Determination of limitations.
Withdrawal of certain areas of a library district, metropolitan
park district, fire protection district, or public hospital
district—Calculation of taxes due.
Public hearing—Taxing district’s revenue sources—
Adoption of tax increase by ordinance or resolution.
Limitation adjustment for certain leasehold interests.
84.55.005 Definitions. As used in this chapter:
(1) "Inflation" means the percentage change in the
implicit price deflator for personal consumption expenditures
for the United States as published for the most recent
twelve-month period by the bureau of economic analysis of
the federal department of commerce in September of the
year before the taxes are payable;
(2) "Limit factor" means:
(a) For taxing districts with a population of less than ten
thousand in the calendar year prior to the assessment year,
one hundred one percent;
(b) For taxing districts for which a limit factor is
authorized under RCW 84.55.0101, the lesser of the limit
factor under that section or one hundred one percent;
(c) For all other districts, the lesser of one hundred one
percent or one hundred percent plus inflation; and
(3) "Regular property taxes" has the meaning given it in
RCW 84.04.140. [2002 c 1 § 2 (Initiative Measure No. 747,
approved November 6, 2001). Prior: 1997 c 393 § 20; 1997
c 3 § 201 (Referendum Bill No. 47, approved November 4,
1997); 1994 c 301 § 49; 1983 1st ex.s. c 62 § 11.]
Reviser’s note: (1) 2002 c 1 (Initiative Measure No. 747) amended
the 2001 c 2 (Initiative Measure No. 722) version, which was found
unconstitutional in its entirety. The text of this section does not include the
Initiative Measure No. 722 language.
(2) This section has been restored to its language before its amendment by Initiative Measure No. 722 (2001 c 2), which, under the Washington Supreme Court decision in City of Burien et al v. Frederick C Kiga et
al,
P.2d ,
Wash.2d
(Docket No. 70830-4, September 20, 2001),
was declared unconstitutional in its entirety.
Intent—2002 c 1 (Initiative Measure No. 747): "This measure
would limit property tax increases to 1% per year unless approved by the
voters. Politicians have repeatedly failed to limit skyrocketing property
taxes either by reducing property taxes or by limiting property tax increases
in any meaningful way. Throughout Washington every year, taxing
authorities regularly increase property taxes to the maximum limit factor of
106% while also receiving additional property tax revenue from new
construction, improvements, increases in the value of state-assessed
property, excess levies approved by the voters, and tax revenues generated
from real estate excise taxes when property is sold. Property taxes are
increasing so rapidly that working class families and senior citizens are
being taxed out of their homes and making it nearly impossible for firsttime home buyers to afford a home. The Washington state Constitution
limits property taxes to 1% per year; this measure matches this principle by
limiting property tax increases to 1% per year." [2002 c 1 § 1 (Initiative
Measure No. 747, approved November 6, 2001).]
Construction—2002 c 1 (Initiative Measure No. 747): "The
provisions of this act are to be liberally construed to effectuate the policies
and purposes of this act." [2002 c 1 § 4 (Initiative Measure No. 747,
approved November 6, 2001).]
Severability—2002 c 1 (Initiative Measure No. 747): "If any
provision of this act or its application to any person or circumstance is held
invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [2002 c 1 § 5 (Initiative Measure
No. 747, approved November 6, 2001).]
Intent—2002 c 1 (Initiative Measure No. 747): "The people have
clearly expressed their desire to limit taxes through the overwhelming
(2002 Ed.)
Chapter 84.55
passage of numerous initiatives and referendums. However, politicians
throughout the state of Washington continue to ignore the mandate of these
measures.
Politicians are reminded:
(1) All political power is vested in the people, as stated in Article I,
section 1 of the Washington state Constitution.
(2) The first power reserved by the people is the initiative, as stated
in Article II, section 1 of the Washington state Constitution.
(3) Politicians are an employee of the people, not their boss.
(4) Any property tax increase which violates the clear intent of this
measure undermines the trust of the people in their government and will
increase the likelihood of future tax limitation measures." [2002 c 1 § 6
(Initiative Measure No. 747, approved November 6, 2001).]
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Short title—Intent—Effective dates—Applicability—1983 1st ex.s.
c 62: See notes following RCW 84.36.473.
84.55.010 Limitations prescribed. Except as provided in this chapter, the levy for a taxing district in any year
shall be set so that the regular property taxes payable in the
following year shall not exceed the limit factor multiplied by
the amount of regular property taxes lawfully levied for such
district in the highest of the three most recent years in which
such taxes were levied for such district plus an additional
dollar amount calculated by multiplying the increase in
assessed value in that district resulting from new construction, improvements to property, and any increase in the assessed value of state-assessed property by the regular
property tax levy rate of that district for the preceding year.
[1997 c 3 § 202 (Referendum Bill No. 47, approved November 4, 1997); 1979 ex.s. c 218 § 2; 1973 1st ex.s. c 67 § 1;
1971 ex.s. c 288 § 20.]
Reviser’s note: Throughout chapter 84.55 RCW the phrase "this
1971 amendatory act" has been changed to "this chapter." "This 1971
amendatory act" [1971 ex.s. c 288] consists of this chapter and RCW
36.21.015, 36.29.015, 84.04.140, 84.10.010, 84.36.370, 84.36.380,
84.40.030, 84.40.0301, 84.40.045, 84.41.030, 84.41.040, 84.48.080,
84.48.085, 84.48.140, 84.52.052, 84.56.020, and 84.69.020, and the repeal
of RCW 84.36.128, 84.36.129, and 84.54.010.
Intent—1997 c 3 §§ 201-207: "It is the intent of sections 201
through 207 of this act to lower the one hundred six percent limit while still
allowing taxing districts to raise revenues in excess of the limit if approved
by a majority of the voters as provided in RCW 84.55.050." [1997 c 3 §
208 (Referendum Bill No. 47, approved November 4, 1997).]
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Effective date—Applicability—1979 ex.s. c 218: "This act is
necessary for the immediate preservation of the public peace, health, and
safety, the support of the state government and its existing public institutions, and shall take effect immediately: PROVIDED, That the amendment
to RCW 84.55.010 by section 2 of this act shall be effective for 1979 levies
for taxes collected in 1980, and for subsequent years." [1979 ex.s. c 218
§ 8.]
84.55.0101 Limit factor—Authorization for taxing
district to use one hundred one percent or less—
Ordinance or resolution. Upon a finding of substantial
need, the legislative authority of a taxing district other than
the state may provide for the use of a limit factor under this
chapter of one hundred one percent or less unless an increase
greater than this limit is approved by the voters at an
election as provided in RCW 84.55.050. In districts with
legislative authorities of four members or less, two-thirds of
the members must approve an ordinance or resolution under
this section. In districts with more than four members, a
[Title 84 RCW—page 113]
84.55.0101
Title 84 RCW: Property Taxes
majority plus one vote must approve an ordinance or resolution under this section. The new limit factor shall be
effective for taxes collected in the following year only.
[2002 c 1 § 3 (Initiative Measure No. 747, approved November 6, 2001); 1997 c 3 § 204 (Referendum Bill No. 47,
approved November 4, 1997).]
the district since the last levy resulting from new construction and improvements to property by the property tax rate
which is proposed to be restored, or the maximum amount
which could be lawfully levied in the year such a restored
levy is proposed. [1999 c 96 § 1; 1979 ex.s. c 218 § 4.]
Reviser’s note: (1) 2002 c 1 (Initiative Measure No. 747) amended
the 2001 c 2 (Initiative Measure No. 722) version, which was found
unconstitutional in its entirety. The text of this section does not include the
Initiative Measure No. 722 language.
(2) This section has been restored to its language before its amendment by Initiative Measure No. 722 (2001 c 2), which, under the Washington Supreme Court decision in City of Burien et al v. Frederick C Kiga et
P.2d ,
Wash.2d
(Docket No. 70830-4, September 20, 2001),
al,
was declared unconstitutional in its entirety.
Intent—Construction—Severability—Intent—2002 c 1 (Initiative
Measure No. 747): See notes following RCW 84.55.005.
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
84.55.020 Limitation upon first levy for district
created from consolidation. Notwithstanding the limitation
set forth in RCW 84.55.010, the first levy for a taxing
district created from consolidation of similar taxing districts
shall be set so that the regular property taxes payable in the
following year shall not exceed the limit factor multiplied by
the sum of the amount of regular property taxes lawfully
levied for each component taxing district in the highest of
the three most recent years in which such taxes were levied
for such district plus the additional dollar amount calculated
by multiplying the increase in assessed value in each
component district resulting from new construction and
improvements to property by the regular property tax rate of
each component district for the preceding year. [1997 c 3 §
203 (Referendum Bill No. 47, approved November 4, 1997);
1971 ex.s. c 288 § 21.]
84.55.012 Reduction of property tax levy—Setting
amount of future levies. (1) The state property tax levy for
collection in 1996 shall be reduced by 4.7187 percent of the
levy amount that would otherwise be allowed under this
chapter without regard to this section or any other tax
reduction legislation enacted in 1995.
(2) State levies for collection after 1997 shall be set at
the amount that would be allowed otherwise under this
chapter if the state levies for collection in 1996 and 1997
had been set without the reduction under subsection (1) of
this section. [1997 c 2 § 1; 1995 2nd sp.s. c 13 § 2.]
Application—1997 c 2: "Section 1 of this act applies to taxes levied
for collection in 1997." [1997 c 2 § 3.]
Effective date—1997 c 2: "Section 1 of this act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [January 30, 1997]." [1997 c 2 § 4.]
Intent—1995 2nd sp.s. c 13: "With property valuations continuing
to increase, property taxes have been steadily increasing. At the same time,
personal incomes have not continued to rise at the same rate. Property taxes
are becoming increasingly more difficult to pay. Many residential property
owners complain about the overall level of taxes and about the continuing
increase in tax from year to year. Taxpayers want property tax relief. The
legislature intends to establish an on-going program of state property tax
reductions the amount of which is to be determined by the legislature on a
yearly basis based on the level of general fund tax revenues." [1995 2nd
sp.s. c 13 § 1.]
84.55.0121 Reduction of property tax levy for
collection in 1998. The state property tax levy for collection in 1998 shall be reduced by 4.7187 percent of the levy
amount that would otherwise be allowed under this chapter
without regard to this section. [1997 c 3 § 301 (Referendum
Bill No. 47, approved November 4, 1997).]
Severability—Part headings not law—Referral to electorate—1997
c 3: See notes following RCW 84.40.030.
84.55.015 Restoration of regular levy. If a taxing
district has not levied since 1985 and elects to restore a
regular property tax levy subject to applicable statutory
limitations then such first restored levy shall be set so that
the regular property tax payable shall not exceed the amount
which was last levied, plus an additional dollar amount
calculated by multiplying the increase in assessed value in
[Title 84 RCW—page 114]
Intent—1997 c 3 §§ 201-207: See note following RCW 84.55.010.
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.55.030 Limitation upon first levy following
annexation. For the first levy for a taxing district following
annexation of additional property, the limitation set forth in
RCW 84.55.010 shall be increased by an amount equal to (1)
the aggregate assessed valuation of the newly annexed
property as shown by the current completed and balanced tax
rolls of the county or counties within which such property
lies, multiplied by (2) the dollar rate that would have been
used by the annexing unit in the absence of such annexation,
plus (3) the additional dollar amount calculated by multiplying the increase in assessed value in the annexing district
resulting from new constructions and improvements to
property by the regular property tax levy rate of that annexing taxing district for the preceding year. [1973 1st ex.s. c
195 § 107; 1971 ex.s. c 288 § 22.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.55.035 Inapplicability of limitation to newlyformed taxing district created other than by consolidation or annexation. RCW 84.55.010 shall not apply to the
first levy by or for a newly-formed taxing district created
other than by consolidation or annexation.
This section shall be retroactive in effect and shall be
deemed to validate any levy within its scope, even though
the levy has been made prior to June 4, 1979. [1979 ex.s.
c 218 § 5.]
84.55.040 Increase in statutory dollar rate limitation. If by reason of the operation of RCW 84.52.043 and
84.52.050, as now or hereafter amended the statutory dollar
(2002 Ed.)
Limitations Upon Regular Property Taxes
rate limitation applicable to the levy by a taxing district has
been increased over the statutory millage limitation applicable to such taxing district’s levy in the preceding year, the
limitation on the dollar rate amount of a levy provided for in
this chapter shall be increased by multiplying the otherwise
dollar limitation by a fraction, the numerator of which is the
increased dollar limitation and the denominator of which is
the dollar limitation for the prior year. [1973 1st ex.s. c 195
§ 108; 1973 1st ex.s. c 195 § 151; 1971 ex.s. c 288 § 23.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.55.045 Applicability of chapter to levy by port
district for industrial development district purposes. For
purposes of applying the provisions of this chapter:
(1) A levy by or for a port district pursuant to RCW
53.36.100 shall be treated in the same manner as a separate
regular property tax levy made by or for a separate taxing
district; and
(2) The first levy by or for a port district pursuant to
RCW 53.36.100 after April 1, 1982, shall not be subject to
RCW 84.55.010. [1982 1st ex.s. c 3 § 2.]
Effective date—1982 1st ex.s. c 3: See note following RCW
53.36.100.
84.55.047 Applicability of chapter to community
revitalization financing increment areas. Limitations on
regular property taxes that are provided in this chapter shall
continue in a taxing district whether or not an increment area
exists within the taxing district as provided under chapter
39.89 RCW. [2001 c 212 § 24.]
Severability—2001 c 212: See RCW 39.89.902.
84.55.050 Election to authorize increase in regular
property tax levy—Limited propositions—Procedure. (1)
Subject to any otherwise applicable statutory dollar rate
limitations, regular property taxes may be levied by or for a
taxing district in an amount exceeding the limitations
provided for in this chapter if such levy is authorized by a
proposition approved by a majority of the voters of the
taxing district voting on the proposition at a general election
held within the district or at a special election within the taxing district called by the district for the purpose of submitting such proposition to the voters. Any election held
pursuant to this section shall be held not more than twelve
months prior to the date on which the proposed levy is to be
made. The ballot of the proposition shall state the dollar
rate proposed and shall clearly state any conditions which
are applicable under subsection (3) of this section.
(2) After a levy authorized pursuant to this section is
made, the dollar amount of such levy shall be used for the
purpose of computing the limitations for subsequent levies
provided for in this chapter, except as provided in subsection
(4) of this section.
(3) A proposition placed before the voters under this
section may:
(a) Limit the period for which the increased levy is to
be made;
(2002 Ed.)
84.55.040
(b) Limit the purpose for which the increased levy is to
be made, but if the limited purpose includes making redemption payments on bonds, the period for which the increased
levies are made shall not exceed nine years;
(c) Set the levy at a rate less than the maximum rate
allowed for the district; or
(d) Include any combination of the conditions in this
subsection.
(4) After the expiration of a limited period or the
satisfaction of a limited purpose, whichever comes first,
subsequent levies shall be computed as if:
(a) The limited proposition under subsection (3) of this
section had not been approved; and
(b) The taxing district had made levies at the maximum
rates which would otherwise have been allowed under this
chapter during the years levies were made under the limited
proposition. [1989 c 287 § 1; 1986 c 169 § 1; 1979 ex.s. c
218 § 3; 1973 1st ex.s. c 195 § 109; 1971 ex.s. c 288 § 24.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.55.060 Rate rules—Educational program—Other
necessary action. The department of revenue shall adopt
rules relating to the calculation of tax rates and the limitation
in RCW 84.55.010, conduct an educational program on this
subject, and take any other action necessary to insure
compliance with the statutes and rules on this subject. [1979
ex.s. c 218 § 6.]
84.55.070 Inapplicability of chapter to levies for
certain purposes. The provisions of this chapter shall not
apply to a levy, including the state levy, or that portion of a
levy, made by or for a taxing district for the purpose of
funding a property tax refund paid or to be paid pursuant to
the provisions of chapter 84.68 RCW or attributable to a
property tax refund paid or to be paid pursuant to the
provisions of chapter 84.69 RCW, attributable to amounts of
state taxes withheld under RCW 84.56.290 or the provisions
of chapter 84.69 RCW, or otherwise attributable to state
taxes lawfully owing by reason of adjustments made under
RCW 84.48.080. [1982 1st ex.s. c 28 § 2; 1981 c 228 § 3.]
Severability—1982 1st ex.s. c 28: See note following RCW
84.48.080.
84.55.080 Adjustment to tax limitation. Pursuant to
chapter 39.88 RCW, any increase in the assessed value of
real property within an apportionment district resulting from
new construction, improvements to property, or any increase
in the assessed value of state-assessed property shall not be
included in the increase in assessed value resulting from new
construction, improvements, or any increase in the assessed
value of state-assessed property for purposes of calculating
any limitations upon regular property taxes under this
chapter until the termination of apportionment as set forth in
RCW 39.88.070(4), as now or hereafter amended, except to
the extent a taxing district actually will receive the taxes
levied upon this value. Tax allocation revenues, as defined
in RCW 39.88.020, as now or hereafter amended, shall not
[Title 84 RCW—page 115]
84.55.080
Title 84 RCW: Property Taxes
be deemed to be "regular property taxes" for purposes of this
chapter. [1982 1st ex.s. c 42 § 12.]
Captions not part of law—Severability—1982 1st ex.s. c 42: See
RCW 39.88.910 and 39.88.915.
84.55.092 Protection of future levy capacity. The
regular property tax levy for each taxing district other than
the state may be set at the amount which would be allowed
otherwise under this chapter if the regular property tax levy
for the district for taxes due in prior years beginning with
1986 had been set at the full amount allowed under this
chapter including any levy authorized under RCW 52.16.160
that would have been imposed but for the limitation in RCW
52.18.065, applicable upon imposition of the benefit charge
under chapter 52.18 RCW.
The purpose of this section is to remove the incentive
for a taxing district to maintain its tax levy at the maximum
level permitted under this chapter, and to protect the future
levy capacity of a taxing district that reduces its tax levy
below the level that it otherwise could impose under this
chapter, by removing the adverse consequences to future
levy capacities resulting from such levy reductions. [1998
c 16 § 3; 1988 c 274 § 4; 1986 c 107 § 3.]
Reviser’s note: Restored to the RCW September 20, 2001, under the
Washington Supreme Court decision in City of Burien et al v. Frederick C
Kiga et al, P.2d , Wash.2d (Docket No. 70830-4, September 20,
2001), which declared Initiative Measure No. 722 (2001 c 2) unconstitutional in its entirety.
Purpose—Severability—1988 c 274: See notes following RCW
84.52.010.
Severability—Construction—1986 c 107: See notes following RCW
39.67.010.
84.55.100 Determination of limitations. The
property tax limitation contained in this chapter shall be
determined by the county assessors of the respective counties
in accordance with the provisions of this chapter: PROVIDED, That the limitation for any state levy shall be
determined by the department of revenue and the limitation
for any intercounty rural library district shall be determined
by the library district in consultation with the respective
county assessors. [1983 c 223 § 1.]
84.55.110 Withdrawal of certain areas of a library
district, metropolitan park district, fire protection
district, or public hospital district—Calculation of taxes
due. Whenever a withdrawal occurs under RCW 27.12.355,
35.61.360, 52.04.056, or 70.44.235, restrictions under chapter
84.55 RCW on the taxes due for the library district, metropolitan park district, fire protection district, or public hospital
district, and restrictions under chapter 84.55 RCW on the
taxes due for the city or town if an entire city or town area
is withdrawn from a library district or fire protection district,
shall be calculated as if the withdrawn area had not been
part of the library district, metropolitan park district, fire protection district, or public hospital district, and as if the
library district or fire protection district had not been part of
the city or town. [1987 c 138 § 6.]
84.55.120 Public hearing—Taxing district’s revenue
sources—Adoption of tax increase by ordinance or
resolution. A taxing district, other than the state, that
[Title 84 RCW—page 116]
collects regular levies shall hold a public hearing on revenue
sources for the district’s following year’s current expense
budget. The hearing must include consideration of possible
increases in property tax revenues and shall be held prior to
the time the taxing district levies the taxes or makes the
request to have the taxes levied. The county legislative
authority, or the taxing district’s governing body if the
district is a city, town, or other type of district, shall hold the
hearing. For purposes of this section, "current expense
budget" means that budget which is primarily funded by
taxes and charges and reflects the provision of ongoing
services. It does not mean the capital, enterprise, or special
assessment budgets of cities, towns, counties, or special
purpose districts.
If the taxing district is otherwise required to hold a
public hearing on its proposed regular tax levy, a single
public hearing may be held on this matter.
No increase in property tax revenue, other than that
resulting from the addition of new construction and improvements to property and any increase in the value of stateassessed property, may be authorized by a taxing district,
other than the state, except by adoption of a separate
ordinance or resolution, pursuant to notice, specifically
authorizing the increase in terms of both dollars and percentage. The ordinance or resolution may cover a period of up
to two years, but the ordinance shall specifically state for
each year the dollar increase and percentage change in the
levy from the previous year. [1997 c 3 § 209 (Referendum
Bill No. 47, approved November 4, 1997); 1995 c 251 § 1.]
Severability—Part headings not law—Referral to electorate—1997
c 3: See notes following RCW 84.40.030.
84.55.125 Limitation adjustment for certain leasehold interests. For taxes levied for collection in 2002, the
limitation set forth in RCW 84.55.010 for a taxing district
shall be increased by an amount equal to the aggregate assessed valuation of leasehold interests subject to tax by the
district under RCW 84.40.410, multiplied by the regular
property tax levy rate of that district for the preceding year.
[2001 c 26 § 4.]
Chapter 84.56
COLLECTION OF TAXES
Sections
84.56.010
84.56.020
84.56.022
84.56.025
84.56.035
84.56.050
84.56.060
84.56.070
84.56.090
Establishment of tax rolls by treasurer—Public record—Tax
roll account—Authority to receive, collect taxes.
Taxes collected by treasurer—Dates of delinquency—Tax
statement notice concerning payment by check—
Interest—Penalties.
Tax statement to show voter-approved levies.
Waiver of interest and penalties—Circumstances—Provision
of death certificate and affidavit for certain waivers.
Special assessments, excise taxes, or rates and charges—
Collection by county treasurer authorized.
Treasurer’s duties on receiving rolls—Notice of taxes due.
Tax receipts—Current tax only may be paid.
Personal property—Distraint and sale, notice, property incapable of manual delivery, property about to be removed
or disposed of.
Distraint and sale of property about to be removed, dissipated, sold, or disposed of—Computation of taxes, entry
on rolls, tax liens.
(2002 Ed.)
Collection of Taxes
84.56.120
84.56.150
84.56.160
84.56.170
84.56.200
84.56.210
84.56.220
84.56.230
84.56.240
84.56.250
84.56.260
84.56.270
84.56.280
84.56.290
84.56.300
84.56.310
84.56.320
84.56.330
84.56.340
84.56.360
84.56.370
84.56.380
84.56.430
84.56.440
84.56.450
Removal of property from county or state after assessment
without paying tax.
Removal of personalty—Certification of tax by treasurer.
Certification of statement of taxes and delinquency.
Collection of certified taxes—Remittance.
Removal of timber or improvements on which tax is delinquent—Penalty.
Severance of standing timber assessed as realty—Timber tax
may be collected as personalty tax.
Lien of personalty tax follows insurance.
Monthly distribution of taxes collected.
Cancellation of uncollectible personalty taxes.
Penalty for willful noncollection or failure to file delinquent
list.
Continuing responsibility to collect taxes, special assessments, fees, rates, or other charges.
Court cancellation of personalty taxes more than four years
delinquent.
Settlement with state for state taxes—Penalty.
Adjustment with state for reduced or canceled taxes and for
taxes on assessments not on the certified assessment list.
Annual report of collections to county auditor.
Interested person may pay real property taxes.
Recovery by occupant or tenant paying realty taxes.
Payment by mortgagee or other lien holder.
Payment on part of parcel or tract or on undivided interest
or fractional interest—Division—Certification—Appeal.
Separate ownership of improvements—Separate payment
authorized.
Separate ownership of improvements—Procedure for segregation of improvement tax.
Separate ownership of improvements—Segregation or payment not to release lien.
Relisting and relevy of tax adjudged void.
Ships and vessels—Collection of taxes—Delinquent taxes—
Valuation and assessment of unlisted ships or vessels.
Year 2000 failure—No interest or penalties—Payment of
tax.
84.56.010 Establishment of tax rolls by treasurer—
Public record—Tax roll account—Authority to receive,
collect taxes. On or before the first Monday in January next
succeeding the date of levy of taxes the county treasurer
shall establish tax rolls of his or her county as certified by
the county assessor for such assessment year, and said rolls
shall be preserved as a public record in the office of the
county treasurer. The amount of said taxes levied and
extended upon said rolls shall be charged to the treasurer in
an account to be designated as treasurer’s "Tax roll account"
for . . . . . . and said rolls shall be full and sufficient
authority for the county treasurer to receive and collect all
taxes therein levied: PROVIDED, That the county treasurer
shall in no case collect such taxes or issue receipts for the
same or enter payment or satisfaction of such taxes upon
said assessment rolls before the fifteenth day of February
following. [1994 c 301 § 50; 1975-’76 2nd ex.s. c 10 § 1;
1965 ex.s. c 7 § 2; 1961 c 15 § 84.56.010. Prior: 1935 c
30 § 1; 1925 ex.s. c 130 § 82; RRS § 11243; prior: 1890 p
561 § 83.]
Reviser’s note: This section appears as it did before its amendment
by 1975-’76 2nd ex.s. c 10 because of 1975-’76 2nd ex.s. c 10 § 3 which
states "This 1976 amendatory act shall be effective with respect to 1976
collections of all real and personal property taxes, and shall expire on
December 31, 1976."
84.56.020 Taxes collected by treasurer—Dates of
delinquency—Tax statement notice concerning payment
by check—Interest—Penalties. (1) The county treasurer
shall be the receiver and collector of all taxes extended upon
(2002 Ed.)
Chapter 84.56
the tax rolls of the county, whether levied for state, county,
school, bridge, road, municipal or other purposes, and also
of all fines, forfeitures or penalties received by any person
or officer for the use of his or her county. All taxes upon
real and personal property made payable by the provisions
of this title shall be due and payable to the treasurer on or
before the thirtieth day of April and, except as provided in
this section, shall be delinquent after that date.
(2) Each tax statement shall include a notice that checks
for payment of taxes may be made payable to "Treasurer of
. . . . . . County" or other appropriate office, but tax statements shall not include any suggestion that checks may be
made payable to the name of the individual holding the
office of treasurer nor any other individual.
(3) When the total amount of tax or special assessments
on personal property or on any lot, block or tract of real
property payable by one person is fifty dollars or more, and
if one-half of such tax be paid on or before the thirtieth day
of April, the remainder of such tax shall be due and payable
on or before the thirty-first day of October following and
shall be delinquent after that date.
(4) When the total amount of tax or special assessments
on any lot, block or tract of real property or on any mobile
home payable by one person is fifty dollars or more, and if
one-half of such tax be paid after the thirtieth day of April
but before the thirty-first day of October, together with the
applicable interest and penalty on the full amount of tax
payable for that year, the remainder of such tax shall be due
and payable on or before the thirty-first day of October
following and shall be delinquent after that date.
(5) Delinquent taxes under this section are subject to
interest at the rate of twelve percent per annum computed on
a monthly basis on the full year amount of tax unpaid from
the date of delinquency until paid. Interest shall be calculated at the rate in effect at the time of payment of the tax,
regardless of when the taxes were first delinquent. In
addition, delinquent taxes under this section are subject to
penalties as follows:
(a) A penalty of three percent of the full year amount of
tax unpaid shall be assessed on the tax delinquent on June
1st of the year in which the tax is due.
(b) An additional penalty of eight percent shall be
assessed on the amount of tax delinquent on December 1st
of the year in which the tax is due.
(6) Subsection (5) of this section notwithstanding, no
interest or penalties may be assessed for the period April 30,
1996, through December 31, 1996, on delinquent taxes
imposed in 1995 for collection in 1996 which are imposed
on the personal residences owned by military personnel who
participated in the situation known as "Joint Endeavor."
(7) For purposes of this chapter, "interest" means both
interest and penalties.
(8) All collections of interest on delinquent taxes shall
be credited to the county current expense fund; but the cost
of foreclosure and sale of real property, and the fees and
costs of distraint and sale of personal property, for delinquent taxes, shall, when collected, be credited to the operation and maintenance fund of the county treasurer prosecuting the foreclosure or distraint or sale; and shall be used by
the county treasurer as a revolving fund to defray the cost of
further foreclosure, distraint and sale for delinquent taxes
without regard to budget limitations. [1996 c 153 § 1.
[Title 84 RCW—page 117]
84.56.020
Title 84 RCW: Property Taxes
Prior: 1991 c 245 § 16; 1991 c 52 § 1; 1988 c 222 § 30;
1987 c 211 § 1; 1984 c 131 § 1; 1981 c 322 § 2; 1974 ex.s.
c 196 § 1; 1974 ex.s. c 116 § 1; 1971 ex.s. c 288 § 3; 1969
ex.s. c 216 § 3; 1961 c 15 § 84.56.020; prior: 1949 c 21 §
1; 1935 c 30 § 2; 1931 c 113 § 1; 1925 ex.s. c 130 § 83;
Rem. Supp. 1949 § 11244; prior: 1917 c 141 § 1; 1899 c
141 § 6; 1897 c 71 § 68; 1895 c 176 § 14; 1893 c 124 § 69;
1890 p 561 § 84; Code 1881 § 2892. Formerly RCW
84.56.020 and 84.56.030.]
Applicability—1996 c 153: "This act is effective for taxes levied for
collection in 1997 and thereafter." [1996 c 153 § 4.]
Effective date—1988 c 222: See note following RCW 84.40.040.
Effective date—1987 c 211: "This act shall take effect January 1,
1988." [1987 c 211 § 2.]
Applicability—1984 c 131 § 1: "Section 1 of this act applies to taxes
payable in 1985 and thereafter." [1984 c 131 § 12.]
Severability—1974 ex.s. c 196: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1974 ex.s. c 196 § 9.]
Savings—Severability—1971 ex.s. c 288: See notes following RCW
84.40.030.
Advance deposit of taxes on certain platted property: RCW 58.08.040.
Payment of taxes upon loss of exempt status: RCW 84.40.380.
84.56.022 Tax statement to show voter-approved
levies. Each tax statement shall show the amount of voterapproved: (1) Regular levies except those authorized in
RCW 84.55.050; and (2) excess levies. Such amounts may
be shown either as a dollar amount or as a percentage of the
total amount of taxes. [1995 c 180 § 1; 1994 c 301 § 48.]
84.56.025 Waiver of interest and penalties—
Circumstances—Provision of death certificate and
affidavit for certain waivers. (1) The interest and penalties
for delinquencies on property taxes, which taxes are levied
on real estate in the year of a conveyance of the real estate
and which are collected in the following year, shall be
waived by the county treasurer under the following circumstances:
(a) Records conveying the real estate were filed with the
county auditor on or before November 30 of the year the
taxes are levied;
(b) A grantee’s name and address are included in the
records; and
(c) The notice for these taxes due, as provided in RCW
84.56.050, was not sent to a grantee due to error by the
county. Where such waiver of interest and penalties has
occurred, the full amount of interest and penalties shall be
reinstated if the grantee fails to pay the delinquent taxes
within thirty days of receiving notice that the taxes are due.
Each county treasurer shall, subject to guidelines prepared by
the department of revenue, establish administrative procedures to determine if grantees are eligible for this waiver.
(2) In addition to the waiver under subsection (1) of this
section, the interest and penalties for delinquencies on
property taxes shall be waived by the county treasurer under
the following circumstances:
(a) The taxpayer fails to make one payment under RCW
84.56.020 by the due date on the taxpayer’s personal
residence because of hardship caused by the death of the
[Title 84 RCW—page 118]
taxpayer’s spouse if the taxpayer notifies the county treasurer
of the hardship within sixty days of the tax due date; or
(b) The taxpayer fails to make one payment under RCW
84.56.020 by the due date on the taxpayer’s parent’s or
stepparent’s personal residence because of hardship caused
by the death of the taxpayer’s parent or stepparent if the
taxpayer notifies the county treasurer of the hardship within
sixty days of the tax due date.
(3) Before allowing a hardship waiver under subsection
(2) of this section, the county treasurer may require a copy
of the death certificate along with an affidavit signed by the
taxpayer. [1998 c 327 § 1; 1984 c 185 § 1.]
84.56.035 Special assessments, excise taxes, or rates
and charges—Collection by county treasurer authorized.
A local government authorized both to impose and to collect
any special assessments, excise taxes, or rates or charges
may contract with the county treasurer or treasurers within
which the local government is located to collect the special
assessments, excise taxes, rates, or charges. If such a
contract is entered into, notice of the special assessments,
excise taxes, or rates or charges due may be included on the
notice of property taxes due, may be included on a separate
notice that is mailed with the notice of property taxes due,
or may be sent separately from the notice of property taxes
due. County treasurers may impose an annual fee for
collecting special assessments, excise taxes, or rates or
charges not to exceed one percent of the dollar value of
special assessments, excise taxes, or rates or charges
collected. [1987 c 355 § 1.]
84.56.050 Treasurer’s duties on receiving rolls—
Notice of taxes due. On receiving the tax rolls the treasurer
shall post all real and personal property taxes from the rolls
to the treasurer’s tax roll, and shall carry forward to the
current tax rolls a memorandum of all delinquent taxes on
each and every description of property, and enter the same
on the property upon which the taxes are delinquent showing
the amounts for each year. The treasurer shall notify each
taxpayer in the county, at the expense of the county, of the
amount of the real and personal property, and the current
and delinquent amount of tax due on the same; and the
treasurer shall have printed on the notice the name of each
tax and the levy made on the same. The county treasurer
shall be the sole collector of all delinquent taxes and all
other taxes due and collectible on the tax rolls of the county:
PROVIDED, That the term "taxpayer" as used in this section
shall mean any person charged, or whose property is
charged, with property tax; and the person to be notified is
that person whose name appears on the tax roll herein
mentioned: PROVIDED, FURTHER, That if no name so
appears the person to be notified is that person shown by the
treasurer’s tax rolls or duplicate tax receipts of any preceding
year as the payer of the tax last paid on the property in
question. [1991 c 245 § 17; 1963 c 94 § 1; 1961 c 15 §
84.56.050. Prior: 1941 c 32 § 1; 1939 c 206 § 41; 1937 c
121 § 2; 1925 ex.s. c 130 § 84; Rem. Supp. 1941 § 11245;
prior: 1897 c 71 § 69; 1893 c 124 § 70; 1890 p 561 § 85;
Code 1881 §§ 2894, 2895.]
(2002 Ed.)
Collection of Taxes
84.56.060 Tax receipts—Current tax only may be
paid. The county treasurer upon receiving any tax paid in
cash, shall give to the person paying the same a receipt. The
treasurer shall record the payment of all taxes in the
treasurer’s records by parcel. The owner or owners of
property against which there are delinquent taxes, shall have
the right to pay the current tax without paying any delinquent taxes there may be against the property. [1991 c 245
§ 18; 1971 ex.s. c 35 § 1; 1961 c 15 § 84.56.060. Prior:
1925 ex.s. c 130 § 85; RRS § 11246; prior: 1897 c 71 § 70;
1893 c 124 § 71; 1890 p 561 § 86; Code 1881 § 2899.]
84.56.070 Personal property—Distraint and sale,
notice, property incapable of manual delivery, property
about to be removed or disposed of. On the fifteenth day
of February succeeding the levy of taxes, the county treasurer shall proceed to collect all personal property taxes. The
treasurer shall give notice by mail to all persons charged
with personal property taxes, and if such taxes are not paid
before they become delinquent, the treasurer shall forthwith
proceed to collect the same. In the event that he or she is
unable to collect the same when due, the treasurer shall
prepare papers in distraint, which shall contain a description
of the personal property, the amount of taxes, the amount of
the accrued interest at the rate provided by law from the date
of delinquency, and the name of the owner or reputed owner.
The treasurer shall without demand or notice distrain sufficient goods and chattels belonging to the person charged
with such taxes to pay the same, with interest at the rate
provided by law from the date of delinquency, together with
all accruing costs, and shall proceed to advertise the same by
posting written notices in three public places in the county
in which such property has been distrained, one of which
places shall be at the county court house, such notice to state
the time when and place where such property will be sold.
The county treasurer, or the treasurer’s deputy, shall tax the
same fees for making the distraint and sale of goods and
chattels for the payment of taxes as are allowed by law to
sheriffs for making levy and sale of property on execution;
traveling fees to be computed from the county seat of the
county to the place of making distraint. If the taxes for
which such property is distrained, and the interest and costs
accruing thereon, are not paid before the date appointed for
such sale, which shall be not less than ten days after the
taking of such property, such treasurer or treasurer’s
designee shall proceed to sell such property at public
auction, or so much thereof as shall be sufficient to pay such
taxes, with interest and costs, and if there be any excess of
money arising from the sale of any personal property, the
treasurer shall pay such excess less any cost of the auction
to the owner of the property so sold or to his or her legal
representative: PROVIDED, That whenever it shall become
necessary to distrain any standing timber owned separately
from the ownership of the land upon which the same may
stand, or any fish trap, pound net, reef net, set net or drag
seine fishing location, or any other personal property as the
treasurer shall determine to be incapable or reasonably
impracticable of manual delivery, it shall be deemed to have
been distrained and taken into possession when the treasurer
shall have, at least thirty days before the date fixed for the
sale thereof, filed with the auditor of the county wherein
(2002 Ed.)
84.56.060
such property is located a notice in writing reciting that the
treasurer has distrained such property, describing it, giving
the name of the owner or reputed owner, the amount of the
tax due, with interest, and the time and place of sale; a copy
of the notice shall also be sent to the owner or reputed
owner at his last known address, by registered letter at least
thirty days prior to the date of sale: AND PROVIDED
FURTHER, That if the county treasurer has reasonable
grounds to believe that any personal property upon which
taxes have been levied, but not paid, is about to be removed
from the county where the same has been assessed, or is
about to be destroyed, sold or disposed of, the county
treasurer may demand such taxes, without the notice provided for in this section, and if necessary may forthwith distrain
sufficient goods and chattels to pay the same. [1991 c 245
§ 19; 1975-’76 2nd ex.s. c 10 § 2; 1961 c 15 § 84.56.070.
Prior: 1949 c 21 § 2; 1935 c 30 § 4; 1933 c 33 § 1; 1925
ex.s. c 130 § 86; Rem. Supp. 1949 § 11247; prior: 1915 c
137 § 1; 1911 c 24 § 2; 1899 c 141 § 7; 1897 c 71 § 71;
1895 c 176 § 15; 1893 c 124 § 72; 1890 p 561 § 87; Code
1881 § 2903. Formerly RCW 84.56.070, 84.56.080, and
84.56.100.]
84.56.090 Distraint and sale of property about to be
removed, dissipated, sold, or disposed of—Computation
of taxes, entry on rolls, tax liens. Whenever in the
judgment of the assessor or the county treasurer personal
property is being removed or is about to be removed without
the limits of the state, or is being dissipated or about to be
dissipated, or is being or about to be sold, disposed of, or
removed from the county so as to jeopardize collection of
taxes, the treasurer shall immediately prepare papers in
distraint, which shall contain a description of the personal
property being or about to be removed, dissipated, sold,
disposed of, or removed from the county so as to jeopardize
collection of taxes, the amount of the tax, the amount of
accrued interest at the rate provided by law from the date of
delinquency, and the name of the owner or reputed owner,
and he shall without demand or notice distrain sufficient
goods and chattels belonging to the person charged with
such taxes to pay the same with interest at the rate provided
by law from the date of delinquency, together with all
accruing costs, and shall advertise and sell said property as
provided in RCW 84.56.070.
If said personal property is being removed or is about
to be removed from the limits of the state, is being dissipated or about to be dissipated, or is being or about to be sold,
disposed of, or removed from the county so as to jeopardize
collection of taxes, at any time subsequent to the first day of
January in any year, and prior to the levy of taxes thereon,
the taxes upon such property so distrained shall be computed
upon the rate of levy for state, county and local purposes for
the preceding year; and all taxes collected in advance of levy
under this section and RCW 84.56.120, together with the
name of the owner and a brief description of the property
assessed shall be entered forthwith by the county treasurer
upon the personal property tax rolls of such preceding year,
and all collections thereon shall be considered and treated in
all respects, and without recourse by either the owner or any
taxing unit, as collections for such preceding year. Property
on which taxes are thus collected shall thereupon become
[Title 84 RCW—page 119]
84.56.090
Title 84 RCW: Property Taxes
discharged from the lien of any taxes that may thereafter be
levied in the year in which payment or collection is made.
Whenever property has been removed from the county
wherein it has been assessed, on which the taxes have not
been paid, then the county treasurer, or his deputy, shall
have the same power to distrain and sell said property for
the satisfaction of said taxes as he would have if said
property were situated in the county in which the property
was taxed, and in addition thereto said treasurer, or his
deputy, in the distraint and sale of property for the payment
of taxes, shall have the same powers as are now by law
given to the sheriff in making levy and sale of property on
execution. [1985 c 83 § 1; 1961 c 15 § 84.56.090. Prior:
1949 c 21 § 3; 1939 c 206 § 43; 1937 c 20 § 1; 1925 ex.s.
c 130 § 89; Rem. Supp. 1949 § 11250; prior: 1907 c 29 §
1. Formerly RCW 84.56.090, 84.56.110, 84.56.130, and
84.56.140.]
84.56.120 Removal of property from county or state
after assessment without paying tax. After personal
property has been assessed, it shall be unlawful for any
person to remove the same from the county in which the
property was assessed and from the state until taxes and
interest are paid, or until notice has been given to the county
treasurer describing the property to be removed and in case
of public sales of personal property, a list of the property
desired to be sold shall be sent to the treasurer, and no
property shall be sold at such sale until the tax has been
paid, the tax to be computed upon the consolidated tax levy
for the previous year. Any person violating the provisions
of this section shall be guilty of a misdemeanor. [1991 c
245 § 20; 1961 c 15 § 84.56.120. Prior: 1925 ex.s. c 130
§ 88; RRS § 11249; prior: 1907 c 29 § 2.]
84.56.150 Removal of personalty—Certification of
tax by treasurer. If any person, firm or corporation shall
remove from one county to another in this state personal
property which has been assessed in the former county for
a tax which is unpaid at the time of such removal, the
treasurer of the county from which the property is removed
shall certify to the treasurer of the county to which the
property has been removed a statement of the tax together
with all delinquencies and penalties. [1961 c 15 §
84.56.150. Prior: 1925 ex.s. c 130 § 90; RRS § 11251;
prior: 1899 c 32 § 1.]
84.56.160 Certification of statement of taxes and
delinquency. The treasurer of any county of this state shall
have the power to certify a statement of taxes and delinquencies of any person, firm, company or corporation, or of any
tax on personal property together with all penalties and
delinquencies, which statement shall be under seal and
contain a transcript of the tax collection records and so much
of the tax roll as shall affect the person, firm, company or
corporation or personal property to the treasurer of any
county of this state, wherein any such person, firm, company
or corporation has any real or personal property. [1994 c
301 § 51; 1961 c 15 § 84.56.160. Prior: 1925 ex.s. c 130
§ 91; RRS § 11252; prior: 1899 c 32 § 2.]
[Title 84 RCW—page 120]
84.56.170 Collection of certified taxes—Remittance.
The treasurer of any county of this state receiving the
certified statement provided for in RCW 84.56.150 and
84.56.160, shall have the same power to collect the taxes,
penalties and delinquencies so certified as the treasurer has
to collect the personal taxes levied on personal property in
his or her own county, and as soon as the said taxes are
collected they shall be remitted, less the cost of collecting
same, to the treasurer of the county to which said taxes
belong, by the treasurer collecting them. [1994 c 301 § 52;
1961 c 15 § 84.56.170. Prior: 1925 ex.s. c 130 § 92; RRS
§ 11253; prior: 1899 c 32 § 3.]
84.56.200 Removal of timber or improvements on
which tax is delinquent—Penalty. It shall be unlawful for
any person, firm or corporation to remove any timber from
timbered lands, no portion of which is occupied for farming
purposes by the owner thereof, or to remove any building or
improvements from lands, upon which taxes are delinquent
until the taxes thereon have been paid.
Any person violating the provisions of this section shall
be guilty of a gross misdemeanor. [1961 c 15 § 84.56.200.
Prior: 1925 ex.s. c 130 § 11; RRS § 11115.]
84.56.210 Severance of standing timber assessed as
realty—Timber tax may be collected as personalty tax.
Whenever standing timber which has been assessed as real
estate is severed from the land as part of which it was so
assessed, it may be considered by the county assessor as
personal property, and the county treasurer shall thereafter be
entitled to pursue all of the rights and remedies provided by
law for the collection of personal property taxes in the
collection of taxes levied against such timber: PROVIDED,
That whenever the county assessor elects to treat severed
timber as personalty under the provisions of this section, he
shall immediately give notice by mail to the person or
persons charged with the tax of the fact of his election, and
the amount of tax standing against the timber. [1961 c 15
§ 84.56.210. Prior: 1939 c 206 § 42; 1929 c 70 § 1; RRS
§ 11247-1.]
84.56.220 Lien of personalty tax follows insurance.
In the event of the destruction of personal property, the lien
of the personal property tax shall attach to and follow any
insurance that may be upon the property and the insurer shall
pay to the county treasurer from the insurance money all
taxes, interest and costs that may be due. [1991 c 245 § 21;
1961 c 15 § 84.56.220. Prior: 1935 c 30 § 5; 1925 ex.s. c
130 § 87; RRS § 11248; prior: 1921 c 117 § 1; 1911 c 24
§ 3.]
84.56.230 Monthly distribution of taxes collected.
On the first day of each month the county treasurer shall
distribute pro rata to those taxing districts for which the
county treasurer also serves as the district treasurer, according to the rate of levy for each fund, the amount collected as
consolidated tax during the preceding month: PROVIDED,
HOWEVER, That the county treasurer, at his or her option,
may distribute the total amount of such taxes collected
according to the ratio that the levy of taxes made for each
taxing district in the county bears to such total amount
(2002 Ed.)
Collection of Taxes
collected. On or before the tenth day of each month the
county treasurer shall remit to the respective city treasurers
and all other taxing districts for which the county treasurer
does not serve as district treasurer, their pro rata share of all
taxes collected for the previous month as provided for in
RCW 36.29.110. [2002 c 81 § 1; 1991 c 245 § 22; 1973 1st
ex.s. c 43 § 1; 1961 c 15 § 84.56.230. Prior: 1925 ex.s. c
130 § 93; RRS § 11254; prior: 1890 p 564 § 95.]
84.56.240 Cancellation of uncollectible personalty
taxes. If the county treasurer is unable, for the want of
goods or chattels whereupon to levy, to collect by distress or
otherwise, the taxes, or any part thereof, which may have
been assessed upon the personal property of any person or
corporation, or an executor or administrator, guardian,
receiver, accounting officer, agent or factor, the treasurer
shall file with the county legislative authority, on the first
day of February following, a list of such taxes, with an
affidavit of the treasurer or of the deputy treasurer entrusted
with the collection of the taxes, stating that the treasurer had
made diligent search and inquiry for goods and chattels
wherewith to make such taxes, and was unable to make or
collect the same. The county legislative authority shall
cancel such taxes as the county legislative authority is
satisfied cannot be collected. [1997 c 393 § 14; 1961 c 15
§ 84.56.240. Prior: 1925 ex.s. c 130 § 94; RRS § 11255;
prior: 1899 c 141 § 8; 1897 c 71 § 72; 1895 c 176 § 16;
1893 c 124 § 73; 1890 p 562 § 88.]
84.56.250 Penalty for willful noncollection or failure
to file delinquent list. If any county treasurer willfully
refuses or neglects to collect any taxes assessed upon
personal property, where the same is collectible, or to file
the delinquent list and affidavit, as herein provided, the
treasurer shall be held, in his or her next settlement with the
county legislative authority, liable for the whole amount of
such taxes uncollected, and the same shall be deducted from
his or her salary and applied to the several funds for which
they were levied. [2001 c 299 § 19; 1961 c 15 § 84.56.250.
Prior: 1925 ex.s. c 130 § 95; RRS § 11256; prior: 1897 c
71 § 73; 1893 c 124 § 74; 1890 p 563 § 91.]
84.56.260 Continuing responsibility to collect taxes,
special assessments, fees, rates, or other charges. The
power and duty to levy on property and collect any tax due
and unpaid shall be the responsibility of the county treasurer
until the tax is paid; and the certification of the assessment
roll shall continue in force and confer authority upon the
treasurer to whom the same was issued to collect any tax
due and uncollected thereon. This section shall apply to all
assessment rolls, special assessments, fees, rates, or other
charges for which the treasurer has the responsibility for
collection. [1991 c 245 § 23; 1984 c 250 § 7; 1961 c 15 §
84.56.260. Prior: 1925 ex.s. c 130 § 96; RRS § 11257;
prior: 1897 c 71 § 74; 1893 c 124 § 75.]
84.56.270 Court cancellation of personalty taxes
more than four years delinquent. The county treasurer of
any county of the state of Washington, after he has first
received the approval of the board of county commissioners
of such county, through a resolution duly adopted, is hereby
(2002 Ed.)
84.56.230
empowered to petition the superior court in or for his county
to finally cancel and completely extinguish the lien of any
delinquent personal property tax which appears on the tax
rolls of his county, which is more than four years delinquent,
which he attests to be beyond hope of collection, and the
cancellation of which will not impair the obligation of any
bond issue nor be precluded by any other legal impediment
that might invalidate such cancellation. The superior court
shall have jurisdiction to hear any such petition and to enter
such order as it shall deem proper in the premises. [1984 c
132 § 5; 1961 c 15 § 84.56.270. Prior: 1945 c 59 § 1;
Rem. Supp. 1945 § 11265-1.]
84.56.280 Settlement with state for state taxes—
Penalty. Immediately after the last day of each month, the
county treasurer shall pay over to the state treasurer the
amount collected by the county treasurer and credited to the
various state funds, but every such payment shall be subject
to correction for error discovered. If they are not paid to the
state treasurer before the twentieth day of the month the state
treasurer shall make a sight draft on the county treasurer for
such amount. Should any county treasurer fail or refuse to
honor the draft or make payment of the amount thereon,
except for manifest error or other good and sufficient cause,
the county treasurer shall be guilty of nonfeasance in office
and upon conviction thereof shall be punished according to
law. [1991 c 245 § 24; 1979 ex.s. c 86 § 7; 1961 c 15 §
84.56.280. Prior: 1955 c 113 § 2; prior: 1949 c 69 § 1,
part; 1933 c 35 § 1, part; 1925 ex.s. c 130 § 97, part; Rem.
Supp. 1949 § 11258, part; prior: 1899 c 141 § 9, part; 1897
c 71 § 76, part; 1895 c 176 § 17, part; 1893 c 124 § 77,
part; 1890 p 565 § 96, part; Code 1881 § 2942, part.]
Severability—1979 ex.s. c 86: See note following RCW 13.24.040.
84.56.290 Adjustment with state for reduced or
canceled taxes and for taxes on assessments not on the
certified assessment list. Whenever any tax shall have been
heretofore, or shall be hereafter, canceled, reduced or
modified in any final judicial, county board of equalization,
state board of tax appeals, or administrative proceeding; or
whenever any tax shall have been heretofore, or shall be
hereafter canceled by sale of property to any irrigation
district under foreclosure proceedings for delinquent irrigation district assessments; or whenever any contracts or leases
on public lands shall have been heretofore, or shall be hereafter, canceled and the tax thereon remains unpaid for a
period of two years, the director of revenue shall, upon
receipt from the county treasurer of a certified copy of the
final judgment, order, or decree canceling, reducing, or
modifying taxes, or of a certificate from the county treasurer
of the cancellation by sale to an irrigation district, or of a
certificate from the commissioner of public lands and the
county treasurer of the cancellation of public land contracts
or leases and nonpayment of taxes thereon, as the case may
be, make corresponding entries and corrections on the
director’s records of the state’s portion of reduced or
canceled tax.
Upon canceling taxes deemed uncollectible, the county
commissioners shall notify the county treasurer of such
action, whereupon the county treasurer shall deduct on the
treasurer’s records the amount of such uncollectible taxes
[Title 84 RCW—page 121]
84.56.290
Title 84 RCW: Property Taxes
due the various state funds and shall immediately notify the
department of revenue of the treasurer’s action and of the
reason therefor; which uncollectible tax shall not then nor
thereafter be due or owing the various state funds and the
necessary corrections shall be made by the county treasurer
upon the quarterly settlement next following.
When any assessment of property is made which does
not appear on the assessment list certified by the county
board of equalization to the department of revenue the
county assessor shall indicate to the county treasurer the
assessments and the taxes due therefrom when the list is
delivered to the county treasurer on December 15th. The
county treasurer shall then notify the department of revenue
of the taxes due the state from the assessments which did not
appear on the assessment list certified by the county board
of equalization to the department of revenue. The county
treasurer shall make proper accounting of all sums collected
as either advance tax, compensating or additional tax, or
supplemental or omitted tax and shall notify the department
of revenue of the amounts due the various state funds
according to the levy used in extending such tax, and those
amounts shall immediately become due and owing to the
various state funds, to be paid to the state treasurer in the
same manner as taxes extended on the regular tax roll.
[1991 c 245 § 37; 1987 c 168 § 3; 1979 ex.s. c 86 § 8; 1961
c 15 § 84.56.290. Prior: 1955 c 113 § 3; prior: 1949 c 69
§ 1, part; 1933 c 35 § 1, part; 1925 ex.s. c 130 § 97, part;
Rem. Supp. 1949 § 11258, part; prior: 1899 c 141 § 9, part;
1897 c 71 § 76, part; 1895 c 176 § 17, part; 1893 c 124 §
77, part; 1890 p 565 § 96, part; Code 1881 § 2942, part.]
Severability—1979 ex.s. c 86: See note following RCW 13.24.040.
84.56.300 Annual report of collections to county
auditor. On the first Monday of February of each year the
county treasurer shall balance up the tax rolls as of December 31 of the prior year in the treasurer’s hands and with
which the treasurer stands charged on the roll accounts of
the county auditor. The treasurer shall then report to the
county auditor in full the amount of taxes collected and
specify the amount collected on each fund. The treasurer
shall also report the amount of taxes that remain uncollected
and delinquent upon the tax rolls, which, with collections
and credits on account of errors and double assessments,
should balance the tax rolls as the treasurer stands charged.
The treasurer shall then report the amount of collections on
account of interest since the taxes became delinquent, and as
added to the original amounts when making such collections,
and with which the treasurer is now to be charged by the
auditor, such reports to be duly verified by affidavit. [1997
c 393 § 15; 1973 1st ex.s. c 45 § 1; 1961 c 15 § 84.56.300.
Prior: 1925 ex.s. c 130 § 98; RRS § 11259; prior: 1899 c
141 § 10; 1897 c 71 § 77; 1895 c 176 § 18; 1893 c 124 §
78; 1890 p 565 § 99.]
84.56.310 Interested person may pay real property
taxes. Any person being the owner or having an interest in
an estate or claim to real property against which taxes shall
have been unpaid may pay the same and satisfy the lien at
any time before execution of a deed to said real property.
The person or authority who shall collect or receive the same
shall give a certificate that such taxes have been so paid to
[Title 84 RCW—page 122]
the person or persons entitled to demand such certificate.
[1961 c 15 § 84.56.310. Prior: 1925 ex.s. c 130 § 100;
RRS § 11261; prior: 1897 c 71 § 79; 1893 c 124 § 84.]
84.56.320 Recovery by occupant or tenant paying
realty taxes. When any tax on real property is paid by or
collected of any occupant or tenant, or any other person,
which, by agreement or otherwise, ought to have been paid
by the owner, lessor or other party in interest, such occupant,
tenant or other person may recover by action the amount
which such owner, lessor or party in interest ought to have
paid, with interest thereon at the rate of ten percent per
annum, or he may retain the same from any rent due or
accruing from him to such owner or lessor for real property
on which such tax is so paid; and the same shall, until paid,
constitute a lien upon such real property. [1961 c 15 §
84.56.320. Prior: 1925 ex.s. c 130 § 102; RRS § 11263;
prior: 1897 c 71 § 81; 1893 c 124 § 86; 1890 p 583 § 133.]
84.56.330 Payment by mortgagee or other lien
holder. Any person who has a lien by mortgage or otherwise, upon any real property upon which any taxes have
not been paid, may pay such taxes, and the interest, penalty
and costs thereon; and the receipt of the county treasurer or
other collecting official shall constitute an additional lien
upon such land, to the amount therein stated, and the amount
so paid and the interest thereon at the rate specified in the
mortgage or other instrument shall be collectible with, or as
a part of, and in the same manner as the amount secured by
the original lien: PROVIDED, That the person paying such
taxes shall pay the same as mortgagee or other lien holder
and shall procure the receipt of the county treasurer therefor,
showing the mortgage or other lien relationship of the person
paying such taxes, and the same shall have been recorded
with the county auditor of the county wherein the said real
estate is situated, within ten days after the payment of such
taxes and the issuance of such receipt. It shall be the duty
of any treasurer issuing such receipt to make notation
thereon of the lien relationship claim of the person paying
such taxes. It shall be the duty of the county auditor in such
cases to index and record such receipts in the same manner
as provided for the recording of liens on real estate, upon the
payment to the county auditor of the appropriate recording
fees by the person presenting the same for recording: AND
PROVIDED FURTHER, That in the event the above
provision be not complied with, the lien created by any such
payment shall be subordinate to the liens of all mortgages or
encumbrances upon such real property, which are senior to
the mortgage or other lien of the person so making such
payment. [1999 c 233 § 23; 1961 c 15 § 84.56.330. Prior:
1933 c 171 § 1; RRS § 11263-1.]
Effective date—1999 c 233: See note following RCW 4.28.320.
84.56.340 Payment on part of parcel or tract or on
undivided interest or fractional interest—Division—
Certification—Appeal. Any person desiring to pay taxes
upon any part or parts of real property heretofore or hereafter assessed as one parcel, or tract, or upon such person’s
undivided fractional interest in such a property, may do so
by applying to the county assessor, who must carefully
investigate and ascertain the relative or proportionate value
(2002 Ed.)
Collection of Taxes
said part or part interest bears to the whole tract assessed, on
which basis the assessment must be divided, and the assessor
shall forthwith certify such proportionate value to the county
treasurer: PROVIDED, That excepting when property is
being acquired for public use, or where a person or financial
institution desires to pay the taxes and any penalties and
interest on a mobile home upon which they have a lien by
mortgage or otherwise, no segregation of property for tax
purposes shall be made under this section unless all delinquent taxes and assessments on the entire tract have been
paid in full. The county treasurer, upon receipt of certification, shall duly accept payment and issue receipt on the
apportionment certified by the county assessor. In cases
where protest is filed to said division appeal shall be made
to the county legislative authority at its next regular session
for final division, and the county treasurer shall accept and
receipt for said taxes as determined and ordered by the
county legislative authority. Any person desiring to pay on
an undivided interest in any real property may do so by
paying to the county treasurer a sum equal to such proportion of the entire taxes charged on the entire tract as interest
paid on bears to the whole. [1997 c 393 § 16; 1996 c 153
§ 2; 1994 c 301 § 53; 1985 c 395 § 4; 1971 ex.s. c 48 § 1;
1961 c 15 § 84.56.340. Prior: 1939 c 206 § 44; 1933 c 171
§ 2; 1925 ex.s. c 130 § 103; RRS § 11264; prior: 1899 c
141 § 11; 1897 c 71 § 82; 1893 c 124 § 87; 1890 p 583 §
134. Formerly RCW 84.56.340 and 84.56.350.]
Applicability—1996 c 153: See note following RCW 84.56.020.
84.56.360 Separate ownership of improvements—
Separate payment authorized. In any case where buildings, structures or improvements are held in separate ownership from the fee as a part of which they have been assessed
for the purpose of taxation, any person desiring to pay
separately the tax upon the buildings, structures or improvements may do so under the provisions of this section, RCW
84.56.370 and 84.56.380. [1961 c 15 § 84.56.360. Prior:
1939 c 155 § 1; RRS § 11264-1.]
84.56.370 Separate ownership of improvements—
Procedure for segregation of improvement tax. Such
person may apply to the county assessor for a certificate
showing the total assessed value of the land together with all
buildings, structures or improvements located thereon and the
assessed value of the building, structure or improvement the
tax upon which the applicant desires to pay. It shall be the
duty of the county assessor to issue such certificate of
segregation upon written application accompanied by an
affidavit attesting to the fact of separate ownership of land
and improvements. Upon presentation of such certificate of
segregation to the county treasurer, that officer shall segregate the total tax in accordance therewith and accept and
receipt for the payment of that proportion of total tax which
is shown to be due against any building, structure or improvement upon which the applicant desires to pay. [1961
c 15 § 84.56.370. Prior: 1939 c 155 § 2; RRS § 11264-2.]
84.56.380 Separate ownership of improvements—
Segregation or payment not to release lien. A segregation
or payment under RCW 84.56.360 and 84.56.370 shall not
release the land or the building, structure or improvement
(2002 Ed.)
84.56.340
paid on from any tax lien to which it would otherwise be
subject. [1961 c 15 § 84.56.380. Prior: 1939 c 155 § 3;
RRS § 11264-3.]
84.56.430 Relisting and relevy of tax adjudged void.
If any tax or portion of any tax heretofore or hereafter levied
on any property liable to taxation is prevented from being
collected for any year or years, by reason of any erroneous
proceeding connected with either the assessment, listing,
equalization, levying or collection thereof, or failure of any
taxing, assessing or equalizing officer or board to give notice
of any hearing or proceeding connected therewith, or, if any
such tax or any portion of any such tax heretofore or hereafter levied has heretofore or is hereafter recovered back
after payment by reason of any such erroneous proceedings,
the amount of such tax or portion of such tax which should
have been paid upon such property except for such erroneous
proceeding, shall be added to the tax levied on such property
for the year next succeeding the entry of final judgment
adjudging such tax or portion of tax to have been void. If
any tax or portion of a tax levied against any property for
any year has been, or is hereafter adjudged void because of
any such erroneous proceeding as hereinbefore set forth, the
county and state officers authorized to levy and assess taxes
on said property shall proceed, in the year next succeeding,
to relist and reassess said property and to reequalize such
assessment, and to relevy and collect the taxes thereon as of
the year that said void tax or portion of tax was levied, in
the same manner, and with the same effect as though no part
of said void tax had ever been levied or assessed upon said
property: PROVIDED, That such tax as reassessed and
relevied shall be figured and determined at the same tax-rate
as such erroneous tax was or should have been figured and
determined, and in paying the tax so reassessed and relevied
the taxpayer shall be credited with the amount of any taxes
paid upon property retaxed for the year or years for which
the reassessment is made. [1961 c 15 § 84.56.430. Prior:
1927 c 290 § 1; 1925 ex.s. c 130 § 108; RRS § 11269;
prior: 1897 c 71 § 87; 1893 c 124 § 90. Formerly RCW
84.24.080.]
84.56.440 Ships and vessels—Collection of taxes—
Delinquent taxes—Valuation and assessment of unlisted
ships or vessels. (1) The department of revenue shall
collect all ad valorem taxes upon ships and vessels listed
with the department in accordance with RCW 84.40.065 and
all applicable interest and penalties.
The taxes shall be due and payable to the department on
or before the thirtieth day of April and shall be delinquent
after that date.
(2) If payment of the tax is not received by the department by the due date, there shall be imposed a penalty of
five percent of the amount of the tax; and if the tax is not
received within thirty days after the due date, there shall be
imposed a total penalty of ten percent of the amount of the
tax; and if the tax is not received within sixty days after the
due date, there shall be imposed a total penalty of twenty
percent of the amount of the tax. No penalty so added shall
be less than five dollars.
(3) Delinquent taxes under this section are subject to
interest at the rate set forth in RCW 82.32.050 from the date
[Title 84 RCW—page 123]
84.56.440
Title 84 RCW: Property Taxes
of delinquency until paid. Interest or penalties collected on
delinquent taxes under this section shall be paid by the
department into the general fund of the state treasury.
(4) If upon information obtained by the department it
appears that any ship or vessel required to be listed according to the provisions of RCW 84.40.065 is not so listed, the
department shall value the ship or vessel and assess against
the owner of the vessel the taxes found to be due and shall
add thereto interest at the rate set forth in RCW 82.32.050
from the original due date of the tax until the date of
payment. The department shall notify the vessel owner by
mail of the amount and the same shall become due and shall
be paid by the vessel owner within thirty days of the date of
the notice. If payment is not received by the department by
the due date specified in the notice, the department shall add
a penalty of ten percent of the tax found due. A person who
willfully gives a false listing or willfully fails to list a ship
or vessel as required by RCW 84.40.065 shall be subject to
the penalty imposed by RCW 84.40.130(2), which shall be
assessed and collected by the department.
(5) Delinquent taxes under this section, along with all
penalties and interest thereon, shall be collected by the
department according to the procedures set forth in chapter
82.32 RCW for the filing and execution of tax warrants,
including the imposition of warrant interest. In the event a
warrant is issued by the department for the collection of
taxes under this section, the department shall add a penalty
of five percent of the amount of the delinquent tax, but not
less than ten dollars.
(6) The department shall also collect all delinquent taxes
pertaining to ships and vessels appearing on the records of
the county treasurers for each of the counties of this state as
of December 31, 1993, including any applicable interest or
penalties. The provisions of subsection (5) of this section
shall apply to the collection of such delinquent taxes. [1993
c 33 § 6.]
Effective date—1993 c 33: See note following RCW 82.49.060.
84.56.450 Year 2000 failure—No interest or penalties—Payment of tax. (Expires December 31, 2006.) (1)
Notwithstanding any other provision in this chapter, no
interest or penalties may be imposed on any person because
of the failure to pay real or personal property taxes on or
before the date due for payment if the person establishes
that:
(a) The failure to pay was caused, in whole or in part,
by a year 2000 failure associated with an electronic computing device;
(b) The year 2000 failure being asserted was not
proximately caused by a failure of the person to update an
electronic computing device, that is under his or her dominion or control, to be year 2000 compliant; and
(c) If it were not for the year 2000 failure, the person
would have been able to satisfy the payment of taxes in a
timely manner.
Payment of such taxes shall be made within thirty days
after the year 2000 failure has been corrected or reasonably
should have been corrected.
(2)(a) The definitions in RCW 4.22.080 apply to this
section unless the context clearly requires otherwise.
[Title 84 RCW—page 124]
(b) As used in this section, unless the context clearly
requires otherwise, "person" means a natural person or a
small business as defined in RCW 19.85.020.
(3) This section does not affect those transactions upon
which a default has occurred before any disruption of
financial or data transfer operations attributable to a year
2000 failure.
(4) This section does not apply to any claim or cause of
action filed after December 31, 2003.
(5) This section expires December 31, 2006. [1999 c
369 § 6.]
Effective date—1999 c 369: See note following RCW 4.22.080.
Chapter 84.60
LIEN OF TAXES
Sections
84.60.010
84.60.020
84.60.040
84.60.050
84.60.070
Priority of tax lien.
Attachment of tax liens.
Charging personalty tax against realty.
Acquisition by governmental unit of property subject to tax
lien or placement under agreement or order of immediate possession or use—Effect.
Acquisition by governmental unit of property subject to tax
lien or placement under agreement or order of immediate possession or use—Segregation of taxes if only part
of parcel required.
84.60.010 Priority of tax lien. All taxes and levies
which may hereafter be lawfully imposed or assessed shall
be and they are hereby declared to be a lien respectively
upon the real and personal property upon which they may
hereafter be imposed or assessed, which liens shall include
all charges and expenses of and concerning the said taxes
which, by the provisions of this title, are directed to be
made. The said lien shall have priority to and shall be fully
paid and satisfied before any recognizance, mortgage,
judgment, debt, obligation or responsibility to or with which
said real and personal property may become charged or
liable. [1969 ex.s. c 251 § 1; 1961 c 15 § 84.60.010. Prior:
1925 ex.s. c 130 § 99; RRS § 11260; prior: 1897 c 71 § 78;
1895 c 176 § 19; 1893 c 124 § 79; 1890 p 584 § 135.]
84.60.020 Attachment of tax liens. The taxes
assessed upon real property, including mobile homes
assessed thereon, and other mobile homes as defined in
RCW 82.50.010 shall be a lien thereon from and including
the first day of January in the year in which they are levied
until the same are paid, but as between the grantor or vendor
and the grantee or purchaser of any real property or any such
mobile home, when there is no express agreement as to
payment of the taxes thereon due and payable in the calendar
year of the sale or the contract to sell, the grantor or vendor
shall be liable for the same proportion of such taxes as the
part of the calendar year prior to the day of the sale or the
contract to sell bears to the whole of such calendar year, and
the grantee or purchaser shall be liable for the remainder of
such taxes and subsequent taxes. The lien for the property
taxes assessed on a mobile home shall be terminated and absolved for the year subsequent to the year of its removal
from the state, when notice is given to the county treasurer
describing the mobile home, if all property taxes due at the
(2002 Ed.)
Lien of Taxes
time of removal are satisfied. The taxes assessed upon each
item of personal property assessed shall be a lien upon such
personal property except mobile homes as above provided
from and after the date upon which the same is listed with
and valued by the county assessor, and no sale or transfer of
such personal property shall in any way affect the lien for
such taxes upon such property. The taxes assessed upon
personal property shall be a lien upon each item of personal
property of the person assessed, distrained by the treasurer
as provided in RCW 84.56.070, from and after the date of
the distraint and no sale or transfer of such personal property
so distrained shall in any way affect the lien for such taxes
upon such property. The taxes assessed upon personal
property shall be a lien upon the real property of the person
assessed, selected by the county treasurer and designated and
charged upon the tax rolls as provided in RCW 84.60.040,
from and after the date of such selection and charge and no
sale or transfer of such real property so selected and charged
shall in any way affect the lien for such personal property
taxes upon such property. [1985 c 395 § 5; 1977 ex.s. c 22
§ 8; 1961 c 15 § 84.60.020. Prior: 1943 c 34 § 1; 1939 c
206 § 45; 1935 c 30 § 7; 1925 ex.s. c 130 § 104; Rem.
Supp. 1943 § 11265; prior: 1903 c 59 § 3; 1897 c 71 § 83;
1895 c 176 § 21; 1893 c 124 § 88. Formerly RCW
84.60.020 and 84.60.030.]
Severability—1977 ex.s. c 22: See note following RCW 46.04.302.
84.60.040 Charging personalty tax against realty.
When it becomes necessary, in the opinion of the county
treasurer, to charge the tax on personal property against real
property, in order that such personal property tax may be
collected, such county treasurer shall select for that purpose
some particular tract or lots of real property owned by the
person owing such personal property tax, and in his tax roll
and certificate of delinquency shall designate the particular
tract or lots of real property against which such personal
property tax is charged, and such real property shall be
chargeable therewith. [1961 c 15 § 84.60.040. Prior: 1925
ex.s. c 130 § 112, part; RRS § 11273, part; prior: 1897 c 71
§ 93, part; 1893 c 124 § 97, part.]
84.60.050 Acquisition by governmental unit of
property subject to tax lien or placement under agreement or order of immediate possession or use—Effect.
(1) When real property is acquired by purchase or condemnation by the state of Washington, any county or municipal
corporation or is placed under a recorded agreement for
immediate possession and use or an order of immediate
possession and use pursuant to RCW 8.04.090, such property
shall continue to be subject to the tax lien for the years prior
to the year in which the property is so acquired or placed
under such agreement or order, of any tax levied by the
state, county, municipal corporation or other tax levying
public body, except as is otherwise provided in RCW
84.60.070.
(2) The lien for taxes applicable to the real property
being acquired or placed under immediate possession and
use for the year in which such real property is so acquired
or placed under immediate possession and use shall be for
only the pro rata portion of taxes allocable to that portion of
the year prior to the date of execution of the instrument
(2002 Ed.)
84.60.020
vesting title, date of recording such agreement of immediate
possession and use, date of such order of immediate possession and use, or date of judgment. No taxes levied or tax
lien on such property allocable to a period subsequent to the
dates identified in this subsection shall be valid and any such
taxes levied shall be canceled as provided in RCW
84.48.065. In the event the owner has paid taxes allocable
to that portion of the year subsequent to the dates identified
in this subsection he or she shall be entitled to a pro rata
refund of the amount paid on the property so acquired or
placed under a recorded agreement or an order of immediate
possession and use. If the dates identified in this subsection
precede February 15th of the year in which such taxes
become payable, no lien for such taxes shall be valid and
any such taxes levied but not payable shall be canceled as
provided in RCW 84.48.065. [1994 c 301 § 54; 1994 c 124
§ 39; 1971 ex.s. c 260 § 2; 1967 ex.s. c 145 § 36; 1961 c 15
§ 84.60.050. Prior: 1957 c 277 § 1.]
Severability—1967 ex.s. c 145: See RCW 47.98.043.
Exemption of property under order of immediate possession and use: RCW
84.36.010.
84.60.070 Acquisition by governmental unit of
property subject to tax lien or placement under agreement or order of immediate possession or use—
Segregation of taxes if only part of parcel required.
When only part of a parcel of real property is required by a
public body either of the parties may require the assessor to
segregate the taxes and the assessed valuation as between the
portion of property so required and the remainder thereof.
If the assessed valuation of the portion of the property not
required exceeds the amount of all delinquent taxes and
taxes payable on the entire parcel, and if the owner so elects
the lien for the taxes owing and payable on all the property
shall be set over to the property retained by the owner. All
county assessors are hereby authorized and required to
segregate taxes as provided above. [1971 ex.s. c 260 § 3;
1961 c 15 § 84.60.070. Prior: 1957 c 277 § 3.]
Chapter 84.64
LIEN FORECLOSURE
(Formerly: Certificates of delinquency)
Sections
84.64.040
84.64.050
84.64.060
84.64.070
84.64.080
84.64.120
84.64.130
84.64.180
84.64.190
84.64.200
84.64.215
Prosecuting attorney to foreclose on request.
Certificate to county—Foreclosure—Notice—Sale of certain
residential property eligible for deferral prohibited.
Payment by interested person before day of sale.
Redemption before day of sale—Redemption of property of
minors and legally incompetent persons.
Foreclosure proceedings—Judgment—Sale—Notice—Form
of deed—Recording.
Appellate review—Deposit.
Certified copies of records as evidence.
Deeds as evidence—Estoppel by judgment.
Certified copy of deed as evidence.
Prior taxes deemed delinquent—County as bidder at sale—
Purchaser to pay all delinquent taxes, interest, or costs.
Deed recording fee—Transmittal to county auditor and
purchaser.
84.64.040 Prosecuting attorney to foreclose on
request. The county prosecuting attorney shall furnish to
[Title 84 RCW—page 125]
84.64.040
Title 84 RCW: Property Taxes
holders of certificates of delinquency, at the expense of the
county, forms of applications for judgment and forms of
notice and summons when the same are required, and shall
prosecute to final judgment all actions brought by holders of
certificates under the provisions of this chapter for the foreclosure of tax liens, when requested so to do by the holder
of any certificate of delinquency: PROVIDED, Said holder
has duly paid to the clerk of the court the sum of two dollars
for each action brought as per RCW 84.64.120: PROVIDED, FURTHER, That nothing herein shall be construed to
prevent said holder from employing other and additional
counsel, or prosecuting said action independent of and
without assistance from the prosecuting attorney, if he so
desires, but in such cases, no other and further costs or
charge whatever shall be allowed than the costs provided in
this section and RCW 84.64.120: AND PROVIDED, ALSO,
That in no event shall the county prosecuting attorney collect
any fee for the services herein enumerated. [1961 c 15 §
84.64.040. Prior: 1925 ex.s. c 130 § 116; RRS § 11277;
prior: 1903 c 165 § 1; 1899 c 141 § 14.]
84.64.050 Certificate to county—Foreclosure—
Notice—Sale of certain residential property eligible for
deferral prohibited. After the expiration of three years
from the date of delinquency, when any property remains on
the tax rolls for which no certificate of delinquency has been
issued, the county treasurer shall proceed to issue certificates
of delinquency on the property to the county for all years’
taxes, interest, and costs: PROVIDED, That the county
treasurer, with the consent of the county legislative authority,
may elect to issue a certificate for fewer than all years’
taxes, interest, and costs to a minimum of the taxes, interest,
and costs for the earliest year.
Certificates of delinquency shall be prima facie evidence
that:
(1) The property described was subject to taxation at the
time the same was assessed;
(2) The property was assessed as required by law;
(3) The taxes or assessments were not paid at any time
before the issuance of the certificate;
(4) Such certificate shall have the same force and effect
as a lis pendens required under chapter 4.28 RCW.
The county treasurer may include in the certificate of
delinquency any assessments which are due on the property
and are the responsibility of the county treasurer to collect.
For purposes of this chapter, "taxes, interest, and costs"
include any assessments which are so included by the county
treasurer, and "interest" means interest and penalties unless
the context requires otherwise.
The treasurer shall file the certificates when completed
with the clerk of the court at no cost to the treasurer, and the
treasurer shall thereupon, with legal assistance from the
county prosecuting attorney, proceed to foreclose in the
name of the county, the tax liens embraced in such certificates. Notice and summons must be served or notice given
in a manner reasonably calculated to inform the owner or
owners, and any person having a recorded interest in or lien
of record upon the property, of the foreclosure action to
appear within thirty days after service of such notice and
defend such action or pay the amount due. Either (a)
personal service upon the owner or owners and any person
[Title 84 RCW—page 126]
having a recorded interest in or lien of record upon the
property, or (b) publication once in a newspaper of general
circulation, which is circulated in the area of the property
and mailing of notice by certified mail to the owner or
owners and any person having a recorded interest in or lien
of record upon the property, or, if a mailing address is
unavailable, personal service upon the occupant of the
property, if any, is sufficient. If such notice is returned as
unclaimed, the treasurer shall send notice by regular first
class mail. The notice shall include the legal description on
the tax rolls, the year or years for which assessed, the
amount of tax and interest due, and the name of owner, or
reputed owner, if known, and the notice must include the
local street address, if any, for informational purposes only.
The certificates of delinquency issued to the county may be
issued in one general certificate in book form including all
property, and the proceedings to foreclose the liens against
the property may be brought in one action and all persons
interested in any of the property involved in the proceedings
may be made codefendants in the action, and if unknown
may be therein named as unknown owners, and the publication of such notice shall be sufficient service thereof on all
persons interested in the property described therein, except
as provided above. The person or persons whose name or
names appear on the treasurer’s rolls as the owner or owners
of the property shall be considered and treated as the owner
or owners of the property for the purpose of this section, and
if upon the treasurer’s rolls it appears that the owner or
owners of the property are unknown, then the property shall
be proceeded against, as belonging to an unknown owner or
owners, as the case may be, and all persons owning or
claiming to own, or having or claiming to have an interest
therein, are hereby required to take notice of the proceedings
and of any and all steps thereunder: PROVIDED, That prior
to the sale of the property, the treasurer shall order or
conduct a title search of the property to be sold to determine
the legal description of the property to be sold and the
record title holder, and if the record title holder or holders
differ from the person or persons whose name or names
appear on the treasurer’s rolls as the owner or owners, the
record title holder or holders shall be considered and treated
as the owner or owners of the property for the purpose of
this section, and shall be entitled to the notice provided for
in this section. Such title search shall be included in the
costs of foreclosure.
The county treasurer shall not sell property which is
eligible for deferral of taxes under chapter 84.38 RCW but
shall require the owner of the property to file a declaration
to defer taxes under chapter 84.38 RCW. [1999 c 18 § 7;
1991 c 245 § 25; 1989 c 378 § 37; 1986 c 278 § 64. Prior:
1984 c 220 § 19; 1984 c 179 § 2; 1981 c 322 § 4; 1972
ex.s. c 84 § 2; 1961 c 15 § 84.64.050; prior: 1937 c 17 § 1;
1925 ex.s. c 130 § 117; RRS § 11278; prior: 1917 c 113 §
1; 1901 c 178 § 3; 1899 c 141 § 15; 1897 c 71 § 98.]
Severability—1986 c 278: See note following RCW 36.01.010.
84.64.060 Payment by interested person before day
of sale. Any person owning an interest in lands or lots upon
which judgment is prayed, as provided in this chapter, may
in person or by agent pay the taxes, interest and costs due
thereon to the county treasurer of the county in which the
(2002 Ed.)
Lien Foreclosure
same are situated, at any time before the day of the sale; and
for the amount so paid he or she shall have a lien on the
property liable for taxes, interest and costs for which judgment is prayed; and the person or authority who shall collect
or receive the same shall give a receipt for such payment, or
issue to such person a certificate showing such payment. If
paying by agent, the agent shall provide notarized documentation of the agency relationship. [2002 c 168 § 9; 1963 c
88 § 1; 1961 c 15 § 84.64.060. Prior: 1925 ex.s. c 130 §
118; RRS § 11279; prior: 1897 c 71 § 99.]
84.64.070 Redemption before day of sale—
Redemption of property of minors and legally incompetent persons. Real property upon which certificates of
delinquency have been issued under the provisions of this
chapter, may be redeemed at any time before the close of
business the day before the day of the sale, by payment, as
prescribed by the county treasurer, to the county treasurer of
the proper county, of the amount for which the certificate of
delinquency was issued, together with interest at the statutory
rate per annum charged on delinquent general real and
personal property taxes from date of issuance of the certificate of delinquency until paid. The person redeeming such
property shall also pay the amount of all taxes, interest and
costs accruing after the issuance of such certificate of
delinquency, together with interest at the statutory rate per
annum charged on delinquent general real and personal
property taxes on such payment from the day the same was
made. No fee shall be charged for any redemption. Tenants
in common or joint tenants shall be allowed to redeem their
individual interest in real property for which certificates of
delinquency have been issued under the provisions of this
chapter, in the manner and under the terms specified in
RCW 84.64.060 for the redemption of real property other
than that of persons adjudicated to be legally incompetent or
minors for purposes of this section. If the real property of
any minor, or any person adjudicated to be legally incompetent, be sold for nonpayment of taxes, the same may be
redeemed at any time within three years after the date of sale
upon the terms specified in this section, on the payment of
interest at the statutory rate per annum charged on delinquent
general real and personal property taxes on the amount for
which the same was sold, from and after the date of sale,
and in addition the redemptioner shall pay the reasonable
value of all improvements made in good faith on the
property, less the value of the use thereof, which redemption
may be made by themselves or by any person in their behalf.
[2002 c 168 § 10; 1991 c 245 § 26; 1963 c 88 § 2; 1961 c
15 § 84.64.070. Prior: 1925 ex.s. c 130 § 119; RRS §
11280; prior: 1917 c 142 § 4; 1899 c 141 § 17; 1897 c 71
§ 102; 1895 c 176 § 25; 1893 c 124 § 121.]
84.64.080 Foreclosure proceedings—Judgment—
Sale—Notice—Form of deed—Recording. The court shall
examine each application for judgment foreclosing tax lien,
and if defense (specifying in writing the particular cause of
objection) be offered by any person interested in any of the
lands or lots to the entry of judgment against the same, the
court shall hear and determine the matter in a summary
manner, without other pleadings, and shall pronounce
judgment as the right of the case may be; or the court may,
(2002 Ed.)
84.64.060
in its discretion, continue such individual cases, wherein
defense is offered, to such time as may be necessary, in
order to secure substantial justice to the contestants therein;
but in all other cases the court shall proceed to determine the
matter in a summary manner as above specified. In all
judicial proceedings of any kind for the collection of taxes,
and interest and costs thereon, all amendments which by law
can be made in any personal action pending in such court
shall be allowed, and no assessments of property or charge
for any of the taxes shall be considered illegal on account of
any irregularity in the tax list or assessment rolls or on
account of the assessment rolls or tax list not having been
made, completed or returned within the time required by
law, or on account of the property having been charged or
listed in the assessment or tax lists without name, or in any
other name than that of the owner, and no error or informality in the proceedings of any of the officers connected with
the assessment, levying or collection of the taxes, shall
vitiate or in any manner affect the tax or the assessment
thereof, and any irregularities or informality in the assessment rolls or tax lists or in any of the proceedings connected
with the assessment or levy of such taxes or any omission or
defective act of any officer or officers connected with the
assessment or levying of such taxes, may be, in the discretion of the court, corrected, supplied and made to conform
to the law by the court. The court shall give judgment for
such taxes, interest and costs as shall appear to be due upon
the several lots or tracts described in the notice of application for judgment or complaint, and such judgment shall be
a several judgment against each tract or lot or part of a tract
or lot for each kind of tax included therein, including all
interest and costs, and the court shall order and direct the
clerk to make and enter an order for the sale of such real
property against which judgment is made, or vacate and set
aside the certificate of delinquency or make such other order
or judgment as in the law or equity may be just. The order
shall be signed by the judge of the superior court, shall be
delivered to the county treasurer, and shall be full and
sufficient authority for him or her to proceed to sell the
property for the sum as set forth in the order and to take
such further steps in the matter as are provided by law. The
county treasurer shall immediately after receiving the order
and judgment of the court proceed to sell the property as
provided in this chapter to the highest and best bidder for
cash. The acceptable minimum bid shall be the total amount
of taxes, interest, and costs. All sales shall be made at a
location in the county on a date and time (except Saturdays,
Sundays, or legal holidays) as the county treasurer may
direct, and shall continue from day to day (Saturdays,
Sundays, and legal holidays excepted) during the same hours
until all lots or tracts are sold, after first giving notice of the
time, and place where such sale is to take place for ten days
successively by posting notice thereof in three public places
in the county, one of which shall be in the office of the
treasurer. The notice shall be substantially in the following
form:
TAX JUDGMENT SALE
Public notice is hereby given that pursuant to real
property tax judgment of the superior court of the county of
. . . . . . in the state of Washington, and an order of sale duly
issued by the court, entered the . . . . day of . . . . . ., . . . .,
[Title 84 RCW—page 127]
84.64.080
Title 84 RCW: Property Taxes
in proceedings for foreclosure of tax liens upon real property, as per provisions of law, I shall on the . . . . day of
. . . . . ., . . . ., at . . . . o’clock a.m., at . . . . . . in the city
of . . . . . ., and county of . . . . . ., state of Washington, sell
the real property to the highest and best bidder for cash, to
satisfy the full amount of taxes, interest and costs adjudged
to be due.
In witness whereof, I have hereunto affixed my hand
and seal this . . . . day of . . . . . ., . . . . .
......................
Treasurer of . . . . . . . . . . . . .
county.
No county officer or employee shall directly or indirectly be a purchaser of such property at such sale.
If any buildings or improvements are upon an area
encompassing more than one tract or lot, the same must be
advertised and sold as a single unit.
If the highest amount bid for any such separate unit
tract or lot is in excess of the minimum bid due upon the
whole property included in the certificate of delinquency, the
excess shall be refunded following payment of all watersewer district liens, on application therefor, to the record
owner of the property. The record owner of the property is
the person who held title on the date of issuance of the
certificate of delinquency. In the event no claim for the
excess is received by the county treasurer within three years
after the date of the sale he or she shall at expiration of the
three year period deposit such excess in the current expense
fund of the county. The county treasurer shall execute to the
purchaser of any piece or parcel of land a tax deed. The
deed so made by the county treasurer, under the official seal
of his or her office, shall be recorded in the same manner as
other conveyances of real property, and shall vest in the
grantee, his or her heirs and assigns the title to the property
therein described, without further acknowledgment or
evidence of such conveyance, and shall be substantially in
the following form:
State of Washington
County of
......
⎫
⎬ ss.
âŽ
This indenture, made this . . . . day of . . . . . ., . . . . . .,
between . . . . . ., as treasurer of . . . . . . county, state of
Washington, party of the first part, and . . . . . ., party of the
second part:
Witnesseth, that, whereas, at a public sale of real
property held on the . . . . day of . . . . . ., . . . ., pursuant to
a real property tax judgment entered in the superior court in
the county of . . . . . . on the . . . . day of . . . . . ., . . . ., in
proceedings to foreclose tax liens upon real property and an
order of sale duly issued by the court, . . . . . . duly purchased in compliance with the laws of the state of Washington, the following described real property, to wit: (Here
place description of real property conveyed) and that the
. . . . . . has complied with the laws of the state of Washington necessary to entitle (him, or her or them) to a deed for
the real property.
Now, therefore, know ye, that, I . . . . . ., county
treasurer of the county of . . . . . ., state of Washington, in
consideration of the premises and by virtue of the statutes of
the state of Washington, in such cases provided, do hereby
[Title 84 RCW—page 128]
grant and convey unto . . . . . ., his or her heirs and assigns,
forever, the real property hereinbefore described.
Given under my hand and seal of office this . . . . day
of . . . . . ., A.D. . . . .
...................
County Treasurer.
[1999 c 153 § 72; 1999 c 18 § 8; 1991 c 245 § 27; 1981 c
322 § 5; 1965 ex.s. c 23 § 4; 1963 c 8 § 1; 1961 c 15 §
84.64.080. Prior: 1951 c 220 § 1; 1939 c 206 § 47; 1937
c 118 § 1; 1925 ex.s. c 130 § 20; RRS § 11281; prior: 1909
c 163 § 1; 1903 c 59 § 5; 1899 c 141 § 18; 1897 c 71 §
103; 1893 c 124 § 105; 1890 p 573 § 112; Code 1881 §
2917. Formerly RCW 84.64.080, 84.64.090, 84.64.100, and
84.64.110.]
Reviser’s note: This section was amended by 1999 c 18 § 8 and by
1999 c 153 § 72, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Validation—1963 c 8: "All rights acquired or any liability or
obligation incurred under the provisions of this section prior to February 18,
1963, or any process, proceeding, order, or judgment involving the
assessment of any property or the levy or collection of any tax thereunder,
or any certificate of delinquency, tax deed or other instrument given or
executed thereunder, or any claim or refund thereunder, or any sale or other
proceeding thereunder are hereby declared valid and of full force and
effect." [1963 c 8 § 2.]
84.64.120 Appellate review—Deposit. Appellate
review of the judgment of the superior court may be sought
as in other civil cases. However, review must be sought
within thirty days after the entry of the judgment and the
party taking such appeal shall deposit a sum equal to all
taxes, interest, and costs with the clerk of the court, conditioned that the appellant shall prosecute the appeal with
effect, and will pay the amount of any taxes, interest and
costs which may be finally adjudged against the real property involved in the appeal by any court having jurisdiction of
the cause. No appeal shall be allowed from any judgment
for the sale of land or lot for taxes unless the party taking
such appeal shall before the time of giving notice of such
appeal, and within thirty days herein allowed within which
to appeal, deposit with the clerk of the court of the county
in which the land or lots are situated, an amount of money
equal to the amount of the judgment and costs rendered in
such cause by the trial court. If, in case of an appeal, the
judgment of the lower court shall be affirmed, in whole or
in part, the supreme court or the court of appeals shall enter
judgment for the amount of taxes, interest and costs, with
damages not to exceed twenty percent, and shall order that
the amount deposited with the clerk of the court, or so much
thereof as may be necessary, be credited upon the judgment
so rendered, and execution shall issue for the balance of the
judgment, damages and costs. The clerk of the supreme
court or the clerk of the division of the court of appeals in
which the appeal is pending shall transmit to the county
treasurer of the county in which the land or lots are situated
a certified copy of the order of affirmance, and it shall be
the duty of such county treasurer upon receiving the same to
apply so much of the amount deposited with the clerk of the
court, as shall be necessary to satisfy the amount of the
judgment of the supreme court, and to account for the same
(2002 Ed.)
Lien Foreclosure
as collected taxes. If the judgment of the superior court
shall be reversed and the cause remanded for a rehearing,
and if, upon a rehearing, judgment shall be rendered for the
sale of the land or lots for taxes, or any part thereof, and
such judgment be not appealed from, as herein provided, the
clerk of such superior court shall certify to the county
treasurer the amount of such judgment, and thereupon it
shall be the duty of the county treasurer to certify to the
county clerk the amount deposited with the clerk of the
court, and the county clerk shall credit such judgment with
the amount of such deposit, or so much thereof as will
satisfy the judgment, and the county treasurer shall be
chargeable and accountable for the amount so credited as
collected taxes. Nothing herein shall be construed as
requiring an additional deposit in case of more than one
appeal being prosecuted in the proceeding. If, upon a final
hearing, judgment shall be refused for the sale of the land or
lots for the taxes, interest, and costs, or any part thereof, in
the proceedings, the county treasurer shall pay over to the
party who shall have made such deposit, or his or her legally
authorized agent or representative, the amount of the deposit,
or so much thereof as shall remain after the satisfaction of
the judgment against the land or lots in respect to which
such deposit shall have been made. [1999 c 18 § 9; 1991 c
245 § 28; 1988 c 202 § 70; 1971 c 81 § 154; 1961 c 15 §
84.64.120. Prior: 1925 ex.s. c 130 § 121; RRS § 11282;
prior: 1903 c 59 § 4; 1897 c 71 § 104; 1893 c 124 § 106.]
Rules of court: Cf. RAP 5.2, 8.1, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
84.64.130 Certified copies of records as evidence.
The books and records belonging to the office of county
treasurer, certified by said treasurer, shall be deemed prima
facie evidence to prove the issuance of any certificate, the
sale of any land or lot for taxes, the redemption of the same
or payment of taxes thereon. The county treasurer shall, at
the expiration of his term of office, pay over to his successor
in office all moneys in his hands received for redemption
from sale for taxes on real property. [1961 c 15 §
84.64.130. Prior: 1925 ex.s. c 130 § 123; RRS § 11284;
prior: 1897 c 71 § 108; 1893 c 124 § 123.]
84.64.180 Deeds as evidence—Estoppel by judgment. Deeds executed by the county treasurer, as aforesaid,
shall be prima facie evidence in all controversies and suits
in relation to the right of the purchaser, his heirs and assigns,
to the real property thereby conveyed of the following facts:
First, that the real property conveyed was subject to taxation
at the time the same was assessed, and had been listed and
assessed in the time and manner required by law; second,
that the taxes were not paid at any time before the issuance
of deed; third, that the real property conveyed had not been
redeemed from the sale at the date of the deed; fourth, that
the real property was sold for taxes, interest and costs, as
stated in the deed; fifth, that the grantee in the deed was the
purchaser, or assignee of the purchaser; sixth, that the sale
was conducted in the manner required by law. And any
judgment for the deed to real property sold for delinquent
taxes rendered after January 9, 1926, except as otherwise
provided in this section, shall estop all parties from raising
any objections thereto, or to a tax title based thereon, which
(2002 Ed.)
84.64.120
existed at or before the rendition of such judgment, and
could have been presented as a defense to the application for
such judgment in the court wherein the same was rendered,
and as to all such questions the judgment itself shall be
conclusive evidence of its regularity and validity in all
collateral proceedings, except in cases where the tax has
been paid, or the real property was not liable to the tax.
[1961 c 15 § 84.64.180. Prior: 1925 ex.s. c 130 § 127;
RRS § 11288; prior: 1897 c 71 § 114; 1893 c 124 § 132;
1890 p 574 § 114.]
84.64.190 Certified copy of deed as evidence.
Whenever it shall be necessary in any action in any court of
law or equity, wherein the title to any real property is in
controversy, to prove the conveyance to any county of such
real property in pursuance of a foreclosure of a tax certificate and sale thereunder, a copy of the tax deed issued to the
county containing a description of such real property,
exclusive of the description of all other real property therein
described, certified by the county auditor of the county
wherein the real property is situated, to be such, shall be
admitted in evidence by the court, and shall be proof of the
conveyance of the real property in controversy to such
county, to the same extent as would a certified copy of the
entire record of such tax deed. [1961 c 15 § 84.64.190.
Prior: 1925 ex.s. c 130 § 128; RRS § 11289; prior: 1890
p 575 § 115.]
84.64.200 Prior taxes deemed delinquent—County
as bidder at sale—Purchaser to pay all delinquent taxes,
interest, or costs. All lots, tracts and parcels of land upon
which taxes levied prior to January 9, 1926 remain due and
unpaid at the date when such taxes would have become
delinquent as provided in the act under which they were
levied shall be deemed to be delinquent under the provisions
of this title, and the same proceedings may be had to enforce
the payment of such unpaid taxes, with interest and costs,
and payment enforced and liens foreclosed under and by
virtue of the provisions of this chapter. For the purposes of
foreclosure under this chapter, the date of delinquency shall
be construed to mean the date when the taxes first became
delinquent. At all sales of property for which certificates of
delinquency are held by the county, if no other bids are
received, the county shall be considered a bidder for the full
area of each tract or lot to the amount of all taxes, interest
and costs due thereon, and where no bidder appears, acquire
title thereto as absolutely as if purchased by an individual
under the provisions of this chapter; all bidders except the
county at sales of property for which certificates of delinquency are held by the county shall pay the full amount of
taxes, interest and costs for which judgment is rendered,
together with all taxes, interest and costs which are delinquent at the time of sale, regardless of whether the taxes,
interest, or costs are included in the judgment. [1981 c 322
§ 6; 1961 c 15 § 84.64.200. Prior: 1925 ex.s. c 130 § 129;
RRS § 11290; prior: 1901 c 178 § 4; 1899 c 141 § 24;
1897 c 71 § 116; 1893 c 124 § 136.]
84.64.215 Deed recording fee—Transmittal to
county auditor and purchaser. In addition to a five-dollar
fee for preparing the deed, the treasurer shall collect the
[Title 84 RCW—page 129]
84.64.215
Title 84 RCW: Property Taxes
proper recording fee. This recording fee together with the
deed shall then be transmitted by the treasurer to the county
auditor who will record the same and mail the deed to the
purchaser. [1991 c 245 § 29; 1961 c 15 § 84.64.215. Prior:
1947 c 60 § 1; Rem. Supp. 1947 § 11295a. Formerly RCW
84.64.210, part.]
Chapter 84.68
RECOVERY OF TAXES PAID OR PROPERTY
SOLD FOR TAXES
Sections
84.68.010
84.68.020
84.68.030
84.68.040
84.68.050
84.68.060
84.68.070
84.68.080
84.68.090
84.68.100
84.68.110
84.68.120
84.68.130
84.68.140
84.68.150
Injunctions prohibited—Exceptions.
Payment under protest—Claim not required.
Judgment—Payment—County tax refund fund.
Levy for tax refund fund.
Venue of action—Intercounty property.
Limitation of actions.
Remedy exclusive—Exception.
Action to recover property sold for taxes—Tender is condition precedent.
Action to recover property sold for taxes—Complaint.
Action to recover property sold for taxes—Restrictions
construed as additional.
Small claims recoveries—Recovery of erroneous taxes without court action.
Small claims recoveries—Petition—Procedure of county
officers—Transmittal of findings to department of revenue.
Small claims recoveries—Procedure of department of revenue.
Small claims recoveries—Payment of refunds—Procedure.
Small claims recoveries—Limitation as to time and amount
of refund.
84.68.010 Injunctions prohibited—Exceptions.
Injunctions and restraining orders shall not be issued or
granted to restrain the collection of any tax or any part
thereof, or the sale of any property for the nonpayment of
any tax or part thereof, except in the following cases:
(1) Where the law under which the tax is imposed is
void;
(2) Where the property upon which the tax is imposed
is exempt from taxation; or
(3) Where the sale is a result of an error made by an
officer or employee of the county, and the board of county
commissioners or other legislative authority of the county
issues an order. [2000 c 103 § 30; 1972 ex.s. c 84 § 3;
1961 c 15 § 84.68.010. Prior: 1931 c 62 § 1; RRS §
11315-1.]
84.68.020 Payment under protest—Claim not
required. In all cases of the levy of taxes for public
revenue which are deemed unlawful or excessive by the person, firm or corporation whose property is taxed, or from
whom such tax is demanded or enforced, such person, firm
or corporation may pay such tax or any part thereof deemed
unlawful, under written protest setting forth all of the
grounds upon which such tax is claimed to be unlawful or
excessive; and thereupon the person, firm or corporation so
paying, or their legal representatives or assigns, may bring
an action in the superior court or in any federal court of
competent jurisdiction against the state, county or municipality by whose officers the same was collected, to recover
[Title 84 RCW—page 130]
such tax, or any portion thereof, so paid under protest:
PROVIDED, That RCW 84.68.010 through 84.68.070 shall
not be deemed to enlarge the grounds upon which taxes may
now be recovered: AND PROVIDED FURTHER, That no
claim need be presented to the state or county or municipality, or any of their respective officers, for the return of such
protested tax as a condition precedent to the institution of
such action. [1994 c 124 § 40; 1961 c 15 § 84.68.020.
Prior: 1937 c 11 § 1; 1931 c 62 § 2; 1927 c 280 § 7; 1925
c 18 § 7; RRS § 11315-2.]
84.68.030 Judgment—Payment—County tax refund
fund. In case it be determined in such action that said tax,
or any portion thereof, so paid under protest, was unlawfully
collected, judgment for recovery thereof and interest thereon
at the rate specified in RCW 84.69.100 from date of payment, together with costs of suit, shall be entered in favor of
plaintiff. In case the action is against a county and the
judgment shall become final, the amount of such judgment,
including interest at the rate specified in RCW 84.69.100 and
costs where allowed, shall be paid out of the treasury of
such county by the county treasurer upon warrants drawn by
the county auditor against a fund in said treasury hereby
created to be known and designated as the county tax refund
fund. Such warrants shall be so issued upon the filing with
the county auditor and the county treasurer of duly authenticated copies of such judgment, and shall be paid by the
county treasurer out of any moneys on hand in said fund. If
no funds are available in such county tax refund fund for the
payment of such warrants, then such warrants shall bear
interest in such cases and shall be callable under such
conditions as are provided by law for county warrants, and
such interest, if any, shall also be paid out of said fund.
[1989 c 378 § 28; 1961 c 15 § 84.68.030. Prior: 1931 c 62
§ 3; RRS § 11315-3.]
84.68.040 Levy for tax refund fund. Annually, at
the time required by law for the levying of taxes for county
purposes, the proper county officers required by law to make
and enter such tax levies shall make and enter a tax levy or
levies for said county tax refund fund, which said levy or
levies shall be given precedence over all other tax levies for
county and/or taxing district purposes, as follows:
(1) A levy upon all of the taxable property within the
county for the amount of all taxes collected by the county
for county and/or state purposes held illegal and recoverable
by such judgments rendered against the county within the
preceding twelve months, including legal interest and a
proper share of the costs, where allowed, together with the
additional amounts hereinafter provided for;
(2) A levy upon all of the taxable property of each
taxing district within the county for the amount of all taxes
collected by the county for the purposes of such taxing
district, and which have been held illegal and recoverable by
such judgments rendered against the county within the
preceding twelve months, including legal interest and a
proper share of the costs, where allowed.
The aforesaid levy or levies shall also include a proper
share of the interest paid out of the county tax refund fund
during said twelve months upon warrants issued against said
fund in payment of such judgments, legal interests and costs,
(2002 Ed.)
Recovery of Taxes Paid or Property Sold for Taxes
plus such an additional amount as such levying officers shall
deem necessary to meet the obligations of said fund, taking
into consideration the probable portions of such taxes that
will not be collected or collectible during the year in which
they are due and payable, and also any unobligated cash on
hand in said fund. [1961 c 15 § 84.68.040. Prior: 1937 c
11 § 2; 1931 c 62 § 4; RRS § 11315-4.]
84.68.050 Venue of action—Intercounty property.
The action for the recovery of taxes so paid under protest
shall be brought in the superior court of the county wherein
the tax was collected or in any federal court of competent
jurisdiction: PROVIDED, That where the property against
which the tax is levied consists of the operating property of
a railroad company, telegraph company or other public
service company whose operating property is located in more
than one county and is assessed as a unit by any state board
or state officer or officers, the complaining taxpayer may
institute such action in the superior court of any one of the
counties in which such tax is payable, or in any federal court
of competent jurisdiction, and may join as parties defendant
in said action all of the counties to which the tax or taxes
levied upon such operating property were paid or are
payable, and may recover in one action from each of the
county defendants the amount of the tax, or any portion
thereof, so paid under protest, and adjudged to have been
unlawfully collected, together with interest thereon at the rate
specified in RCW 84.69.100 from date of payment, and costs
of suit. [1989 c 378 § 29; 1961 c 15 § 84.68.050. Prior:
1937 c 11 § 3; 1931 c 62 § 5; RRS § 11315-5.]
84.68.060 Limitation of actions. No action instituted
pursuant to this chapter or otherwise to recover any tax
levied or assessed shall be commenced after the 30th day of
the next succeeding June following the year in which said
tax became payable. [1961 c 15 § 84.68.060. Prior: 1939
c 206 § 48; 1931 c 62 § 6; RRS § 11315-6.]
Limitation of action to cancel tax deed: RCW 4.16.090.
84.68.070 Remedy exclusive—Exception. Except as
permitted by RCW 84.68.010 through 84.68.070 and chapter
84.69 RCW, no action shall ever be brought or defense interposed attacking the validity of any tax, or any portion of any
tax: PROVIDED, HOWEVER, That this section shall not be
construed as depriving the defendants in any tax foreclosure
proceeding of any valid defense allowed by law to the tax
sought to be foreclosed therein except defenses based upon
alleged excessive valuations, levies or taxes. [1989 c 378 §
30; 1961 c 15 § 84.68.070. Prior: 1939 c 206 § 49; 1931
c 62 § 7; RRS § 11315-7.]
84.68.080 Action to recover property sold for
taxes—Tender is condition precedent. Hereafter no action
or proceeding shall be commenced or instituted in any court
of this state for the recovery of any property sold for taxes,
unless the person or corporation desiring to commence or
institute such action or proceeding shall first pay, or cause
to be paid, or shall tender to the officer entitled under the
law to receive the same, all taxes, penalties, interest and
costs justly due and unpaid from such person or corporation
(2002 Ed.)
84.68.040
on the property sought to be recovered. [1961 c 15 §
84.68.080. Prior: 1888 c 22 (p 43) § 1; RRS § 955.]
Limitation of action to cancel tax deed: RCW 4.16.090.
84.68.090 Action to recover property sold for
taxes—Complaint. In all actions for the recovery of lands
or other property sold for taxes, the complainant must state
and set forth specially in the complaint the tax that is justly
due, with penalties, interest and costs, that the taxes for that
and previous years have been paid; and when the action is
against the person or corporation in possession thereof that
all taxes, penalties, interest and costs paid by the purchaser
at tax-sale, the purchaser’s assignees or grantees have been
fully paid or tendered, and payment refused. [1994 c 124 §
41; 1961 c 15 § 84.68.090. Prior: 1888 c 22 (p 44) § 2;
RRS § 956.]
84.68.100 Action to recover property sold for
taxes—Restrictions construed as additional. The provisions of RCW 84.68.080 and 84.68.090 shall be construed as
imposing additional conditions upon the complainant in
actions for the recovery of property sold for taxes. [1961 c
15 § 84.68.100. Prior: 1888 c 22 (p 44) § 3; RRS § 957.]
84.68.110 Small claims recoveries—Recovery of
erroneous taxes without court action. Whenever a
taxpayer believes or has reason to believe that, through error
in description, double assessments or manifest errors in
assessment which do not involve a revaluation of the
property, he has been erroneously assessed or that a tax has
been incorrectly extended against him upon the tax rolls, and
the tax based upon such erroneous assessment or incorrect
extension has been paid, such taxpayer may initiate a
proceeding for the cancellation or reduction of the assessment of his property and the tax based thereon or for
correction of the error in extending the tax on the tax rolls,
and for the refund of the claimed erroneous tax or excessive
portion thereof, by filing a petition therefor with the county
assessor of the county in which the property is or was located or taxed, which petition shall legally describe the property, show the assessed valuation and tax placed against the
property for the year or years in question and the taxpayer’s
reasons for believing that there was an error in the assessment within the meaning of RCW 84.68.110 through
84.68.150, or in extending the tax upon the tax rolls and set
forth the sum to which the taxpayer desires to have the
assessment reduced or the extended tax corrected. [1961 c
15 § 84.68.110. Prior: 1939 c 16 § 1; RRS § 11241-1.]
84.68.120 Small claims recoveries—Petition—
Procedure of county officers—Transmittal of findings to
department of revenue. Upon the filing of the petition
with the county assessor that officer shall proceed forthwith
to conduct such investigation as may be necessary to
ascertain and determine whether or not the assessment in
question was erroneous or whether or not the tax was
incorrectly extended upon the tax rolls and if he finds there
is probable cause to believe that the property was erroneously assessed, and that such erroneous assessment was due to
an error in description, double assessment or manifest error
in assessment which does not involve a revaluation of the
[Title 84 RCW—page 131]
84.68.120
Title 84 RCW: Property Taxes
property, or that the tax was incorrectly extended upon the
tax rolls, he shall endorse his findings upon the petition, and
thereupon within ten days after the filing of the petition by
the taxpayer forward the same to the county treasurer. If the
assessor’s findings be in favor of cancellation or reduction
or correction he shall include therein a statement of the
amount to which he recommends that the assessment and tax
be reduced. It shall be the duty of the county treasurer,
upon whom a petition with endorsed findings is served, as
in RCW 84.68.110 through 84.68.150 provided, to endorse
thereon a statement whether or not the tax against which
complaint is made has in fact been paid and, if paid, the
amount thereof, whereupon the county treasurer shall
immediately transmit the petition to the prosecuting attorney
and the prosecuting attorney shall make such investigation as
he deems necessary and, within ten days after receipt of the
petition and findings by him, transmit the same to the state
department of revenue with his recommendation in respect
to the granting or denial of the petition. [1975 1st ex.s. c
278 § 208; 1961 c 15 § 84.68.120. Prior: 1939 c 16 § 2;
RRS § 11241-2.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.68.130 Small claims recoveries—Procedure of
department of revenue. Upon receipt of the petition,
findings and recommendations the state department of
revenue shall proceed to consider the same, and it may
require evidence to be submitted and make such investigation as it deems necessary and for such purpose the department of revenue shall be empowered to subpoena witnesses
in order that all material and relevant facts may be ascertained. Upon the conclusion of its consideration of the petition and within thirty days after receipt thereof, the department of revenue shall enter an order either granting or
denying the petition and if the petition be granted the
department of revenue may order the assessment canceled or
reduced or the extended tax corrected upon the tax rolls in
any amount it deems proper but in no event to exceed the
amount of reduction or correction recommended by the
county assessor. [1975 1st ex.s. c 278 § 209; 1961 c 15 §
84.68.130. Prior: 1939 c 16 § 3; RRS § 11241-3.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.68.140 Small claims recoveries—Payment of
refunds—Procedure. Certified copies of the order of the
department of revenue shall be forwarded to the county
assessor, the county auditor and the taxpayer, and the
taxpayer shall immediately be entitled to a refund of the
difference, if any, between the tax already paid and the
canceled or reduced or corrected tax based upon the order of
the department with interest on such amount from the date
of payment of the original tax. Upon receipt of the order of
the department the county auditor shall draw a warrant
against the county tax refund fund in the amount of any tax
reduction so ordered, plus interest at the rate specified in
RCW 84.69.100 to the date such warrant is issued, and such
warrant shall be paid by the county treasurer out of any
moneys on hand in said fund. If no funds are available in
the county tax refund fund for the payment of such warrant
[Title 84 RCW—page 132]
the warrant shall bear interest and shall be callable under
such conditions as are provided by law for county warrants
and such interest, if any, shall also be paid out of said fund.
The order of the department shall for all purposes be
considered as a judgment against the county tax refund fund
and the obligation thereof shall be discharged in the same
manner as provided by law for the discharge of judgments
against the county for excessive taxes under the provisions
of RCW 84.68.010 through 84.68.070 or any act amendatory
thereof. [1989 c 378 § 31; 1975 1st ex.s. c 278 § 210; 1961
c 15 § 84.68.140. Prior: 1939 c 16 § 4; RRS § 11241-4.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.68.150 Small claims recoveries—Limitation as to
time and amount of refund. No petition for cancellation
or reduction of assessment or correction of tax rolls and the
refund of taxes based thereon under RCW 84.68.110 through
84.68.150 shall be considered unless filed within three years
after the year in which the tax became payable or purported
to become payable. The maximum refund under the
authority of RCW 84.68.110 through 84.68.150 for each year
involved in the taxpayer’s petition shall be two hundred
dollars. Should the amount of excess tax for any such year
be in excess of two hundred dollars, a refund of two hundred
dollars shall be allowed under RCW 84.68.110 through
84.68.150, without prejudice to the right of the taxpayer to
proceed as may be otherwise provided by law to recover the
balance of the excess tax paid by him. [1961 c 15 §
84.68.150. Prior: 1949 c 158 § 1; 1941 c 154 § 1; 1939 c
16 § 5; Rem. Supp. 1949 § 11241-5.]
Chapter 84.69
REFUNDS
Sections
84.69.010
84.69.020
84.69.030
84.69.040
84.69.050
84.69.060
84.69.070
84.69.080
84.69.090
84.69.100
84.69.110
84.69.120
84.69.130
84.69.140
84.69.150
84.69.160
84.69.170
Definitions.
Grounds for refunds—Determination—Payment—Report.
Procedure to obtain order for refund.
Refunds may include amounts paid to state, and county and
taxing district taxes.
Refund with respect to amounts paid state.
Refunds with respect to county, state, and taxing district
taxes.
Refunds with respect to taxing districts—Administrative
expenses—Disposition of funds upon expiration of
refund orders.
Refunds with respect to taxing districts—Not to be paid
from county funds.
To whom refund may be paid.
Refunds shall include interest—Written protests not required—Rate of interest.
Expiration date of refund orders.
Action on rejected claim—Time for commencement.
Claim prerequisite to action—Recovery limited to ground
asserted.
Interest shall be allowed on amount recovered.
Refunds within sixty days.
Chapter does not supersede existing law.
Payment under protest not required.
84.69.010 Definitions. As used in this chapter, unless
the context indicates otherwise:
(1) "Taxing district" means any county, city, town, port
district, school district, road district, metropolitan park
(2002 Ed.)
Refunds
district, water-sewer district, or other municipal corporation
now or hereafter authorized by law to impose burdens upon
property within the district in proportion to the value thereof,
for the purpose of obtaining revenue for public purposes, as
distinguished from municipal corporations authorized to
impose burdens, or for which burdens may be imposed, for
such purposes, upon property in proportion to the benefits
accruing thereto.
(2) "Tax" includes penalties and interest. [1999 c 153
§ 73; 1961 c 15 § 84.69.010. Prior: 1957 c 120 § 1.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
84.69.020 Grounds for refunds—Determination—
Payment—Report. On the order of the county treasurer, ad
valorem taxes paid before or after delinquency shall be
refunded if they were:
(1) Paid more than once;
(2) Paid as a result of manifest error in description;
(3) Paid as a result of a clerical error in extending the
tax rolls;
(4) Paid as a result of other clerical errors in listing
property;
(5) Paid with respect to improvements which did not
exist on assessment date;
(6) Paid under levies or statutes adjudicated to be illegal
or unconstitutional;
(7) Paid as a result of mistake, inadvertence, or lack of
knowledge by any person exempted from paying real
property taxes or a portion thereof pursuant to RCW
84.36.381 through 84.36.389, as now or hereafter amended;
(8) Paid as a result of mistake, inadvertence, or lack of
knowledge by either a public official or employee or by any
person with respect to real property in which the person
paying the same has no legal interest;
(9) Paid on the basis of an assessed valuation which was
appealed to the county board of equalization and ordered
reduced by the board;
(10) Paid on the basis of an assessed valuation which
was appealed to the state board of tax appeals and ordered
reduced by the board: PROVIDED, That the amount
refunded under subsections (9) and (10) of this section shall
only be for the difference between the tax paid on the basis
of the appealed valuation and the tax payable on the valuation adjusted in accordance with the board’s order;
(11) Paid as a state property tax levied upon property,
the assessed value of which has been established by the state
board of tax appeals for the year of such levy: PROVIDED,
HOWEVER, That the amount refunded shall only be for the
difference between the state property tax paid and the
amount of state property tax which would, when added to all
other property taxes within the one percent limitation of
Article VII, section 2 of the state Constitution equal one percent of the assessed value established by the board;
(12) Paid on the basis of an assessed valuation which
was adjudicated to be unlawful or excessive: PROVIDED,
That the amount refunded shall be for the difference between
the amount of tax which was paid on the basis of the
valuation adjudged unlawful or excessive and the amount of
tax payable on the basis of the assessed valuation determined
as a result of the proceeding;
(2002 Ed.)
84.69.010
(13) Paid on property acquired under RCW 84.60.050,
and canceled under RCW 84.60.050(2);
(14) Paid on the basis of an assessed valuation that was
reduced under RCW 84.48.065;
(15) Paid on the basis of an assessed valuation that was
reduced under RCW 84.40.039; or
(16) Abated under RCW 84.70.010.
No refunds under the provisions of this section shall be
made because of any error in determining the valuation of
property, except as authorized in subsections (9), (10), (11),
and (12) of this section nor may any refunds be made if a
bona fide purchaser has acquired rights that would preclude
the assessment and collection of the refunded tax from the
property that should properly have been charged with the
tax. Any refunds made on delinquent taxes shall include the
proportionate amount of interest and penalties paid. However, refunds as a result of an incorrect payment authorized
under subsection (8) of this section made by a third party
payee shall not include refund interest. The county treasurer
may deduct from moneys collected for the benefit of the
state’s levy, refunds of the state levy including interest on
the levy as provided by this section and chapter 84.68 RCW.
The county treasurer of each county shall make all
refunds determined to be authorized by this section, and by
the first Monday in February of each year, report to the
county legislative authority a list of all refunds made under
this section during the previous year. The list is to include
the name of the person receiving the refund, the amount of
the refund, and the reason for the refund. [2002 c 168 § 11;
1999 sp.s. c 8 § 2. Prior: 1998 c 306 § 2; 1997 c 393 § 18;
1996 c 296 § 2; 1994 c 301 § 55; 1991 c 245 § 31; 1989 c
378 § 17; 1981 c 228 § 1; 1975 1st ex.s. c 291 § 21; 1974
ex.s. c 122 § 2; 1972 ex.s. c 126 § 2; 1971 ex.s. c 288 § 14;
1969 ex.s. c 224 § 1; 1961 c 15 § 84.69.020; prior: 1957 c
120 § 2.]
Severability—Effective date—1999 sp.s. c 8: See notes following
RCW 84.70.010.
Applicability—1981 c 228: "Section 1(12) of the [this] amendatory
act applies to only those taxes which first become due and payable
subsequent to January 1, 1981: PROVIDED, HOWEVER, That this section
shall not apply to any taxes which were paid under protest and which were
timely paid." [1981 c 228 § 4.]
Effective dates—Severability—1975 1st ex.s. c 291: See notes
following RCW 82.04.050.
Purpose—1974 ex.s. c 122: "The legislature recognizes that the
operation of the provisions of RCW 84.52.065 and 84.48.080, providing for
adjustments in the county-determined assessed value of property for
purposes of the state property tax for schools, may, with respect to certain
properties, result in a total regular property tax payment in excess of the one
percent limitation provided for in Article 7, section 2 (Amendment 59) of
the state Constitution. The primary purpose of this 1974 amendatory act is
to provide a procedure for administrative relief in such cases, such relief to
be in addition to the presently existing procedure for judicial relief through
a refund action provided for in RCW 84.68.020." [1974 ex.s. c 122 § 1.]
Severability—Savings—1971 ex.s. c 288: See notes following RCW
84.40.030.
84.69.030 Procedure to obtain order for refund.
Except in cases wherein the county legislative authority acts
upon its own motion, no orders for a refund under this
chapter shall be made except on a claim:
(1) Verified by the person who paid the tax, the
person’s guardian, executor or administrator; and
[Title 84 RCW—page 133]
84.69.030
Title 84 RCW: Property Taxes
(2) Filed with the county treasurer within three years
after making of the payment sought to be refunded; and
(3) Stating the statutory ground upon which the refund
is claimed. [1991 c 245 § 32; 1989 c 378 § 32; 1961 c 15
§ 84.69.030. Prior: 1957 c 120 § 3.]
84.69.040 Refunds may include amounts paid to
state, and county and taxing district taxes. Refunds
ordered by the county legislative authority may include:
(1) A portion of amounts paid to the state treasurer by
the county treasurer as money belonging to the state; and
also
(2) County taxes and taxes collected by county officers
for taxing districts. [1991 c 245 § 33; 1961 c 15 §
84.69.040. Prior: 1957 c 120 § 4.]
84.69.050 Refund with respect to amounts paid
state. The part of the refund representing amounts paid to
the state shall be paid from the county general fund and the
department of revenue shall, upon the next succeeding
settlement with the county, certify this amount refunded to
the county: PROVIDED, That when a refund of tax funds
pursuant to state levies is required, the department of
revenue shall authorize adjustment procedures whereby
counties may deduct from property tax remittances to the
state the amount required to cover the state’s portion of the
refunds. [1988 c 222 § 31; 1973 2nd ex.s. c 5 § 1; 1961 c
15 § 84.69.050. Prior: 1957 c 120 § 5.]
84.69.060 Refunds with respect to county, state, and
taxing district taxes. Refunds ordered under this chapter
with respect to county, state, and taxing district taxes shall
be paid by checks drawn upon the appropriate fund by the
county treasurer: PROVIDED, That in making refunds on
a levy code or tax code basis, the county treasurer may make
an adjustment on the subsequent year’s property tax payment
due for the amount of the refund. [1991 c 245 § 34; 1989
c 378 § 18; 1988 c 222 § 32; 1973 2nd ex.s. c 5 § 2; 1961
c 15 § 84.69.060. Prior: 1957 c 120 § 6.]
84.69.070 Refunds with respect to taxing districts—
Administrative expenses—Disposition of funds upon
expiration of refund orders. Refunds ordered with respect
to taxing districts shall be paid by checks drawn by the
county treasurer upon such available funds, if any, as the
taxing districts may have on deposit in the county treasury,
or in the event such funds are insufficient, then out of funds
subsequently accruing to such taxing district and on deposit
in the county treasury. When such refunds are made as a
result of taxes paid under levies or statutes adjudicated to be
illegal or unconstitutional all administrative costs including
interest paid on the refunds incurred by the county treasurer
in making such refunds shall be a charge against the funds
of such districts and/or the state on a pro rata basis until the
county current expense fund is fully reimbursed for the
administrative expenses incurred in making such refund:
PROVIDED, That whenever orders for refunds of ad
valorem taxes promulgated by the county treasurer or county
legislative authority and unpaid checks shall expire and
become void as provided in RCW 84.69.110, then any
moneys remaining in a refund account established by the
[Title 84 RCW—page 134]
county treasurer for any taxing district may be transferred by
the county treasurer from such refund account to the county
current expense fund to reimburse the county for the
administrative expense incurred in making refunds as
prescribed herein. Any excess then remaining in the taxing
district refund account may then be transferred by the county
treasurer to the current expense fund of the taxing district for
which the tax was originally levied and collected. [1991 c
245 § 38; 1973 2nd ex.s. c 5 § 3; 1963 c 114 § 1; 1961 c
270 § 2; 1961 c 15 § 84.69.070. Prior: 1957 c 120 § 7.]
84.69.080 Refunds with respect to taxing districts—
Not to be paid from county funds. Neither any county nor
its officers shall refund amounts on behalf of a taxing district
from county funds. [1961 c 15 § 84.69.080. Prior: 1957 c
120 § 8.]
84.69.090 To whom refund may be paid. The
payment of refunds shall be made payable, at the election of
the appropriate treasurer, to the taxpayer, his guardian,
executor, or administrator or the owner of record of the
property taxed, his guardian, executor, or administrator.
[1961 c 15 § 84.69.090. Prior: 1957 c 120 § 9.]
84.69.100 Refunds shall include interest—Written
protests not required—Rate of interest. Unless otherwise
stated, refunds of taxes made pursuant to RCW 84.69.010
through 84.69.090 shall include interest from the date of
collection of the portion refundable: PROVIDED, That
refunds on a state, county, or district wide basis shall not
commence to accrue interest until six months following the
date of the final order of the court. No written protest by
individual taxpayers need to be filed to receive a refund on
a state, county, or district wide basis. The rate of interest
shall be the equivalent coupon issue yield (as published by
the Board of Governors of the Federal Reserve System) of
the average bill rate for twenty-six week treasury bills as
determined at the first bill market auction conducted after
June 30th of the calendar year preceding the date the taxes
were paid. The department of revenue shall adopt this rate
of interest by rule. [2002 c 168 § 12; 1997 c 67 § 1; 1989
c 14 § 6; 1987 c 319 § 1; 1973 2nd ex.s. c 5 § 4; 1961 c 15
§ 84.69.100. Prior: 1957 c 120 § 10.]
Application—1997 c 67: "This act applies to claims made after
January 1, 1998." [1997 c 67 § 2.]
84.69.110 Expiration date of refund orders. Every
order for refund of ad valorem taxes promulgated by the
county treasurer or county legislative authority under
authority of this chapter as hereafter amended shall expire
and be void three years from the date of the order and all
unpaid checks shall become void. [1991 c 245 § 39; 1961
c 15 § 84.69.110. Prior: 1957 c 120 § 11.]
84.69.120 Action on rejected claim—Time for commencement. If the county treasurer rejects a claim or fails
to act within six months from the date of filing of a claim
for refund in whole or in part, the person who paid the taxes,
the person’s guardian, executor, or administrator may within
one year after the date of the filing of the claim commence
an action in the superior court against the county to recover
(2002 Ed.)
Refunds
the taxes which the county treasurer has refused to refund.
[1991 c 245 § 40; 1989 c 378 § 33; 1981 c 228 § 2; 1961 c
15 § 84.69.120. Prior: 1957 c 120 § 12.]
84.69.130 Claim prerequisite to action—Recovery
limited to ground asserted. No action shall be commenced
or maintained under this chapter unless a claim for refund
shall have been filed in compliance with the provisions of
this chapter, and no recovery of taxes shall be allowed in
any such action upon a ground not asserted in the claim for
refund. [1961 c 15 § 84.69.130. Prior: 1957 c 120 § 13.]
84.69.140 Interest shall be allowed on amount
recovered. In any action in which recovery of taxes is
allowed by the court, the plaintiff is entitled to interest on
the taxes for which recovery is allowed at the rate specified
in RCW 84.69.100 from the date of collection of the tax to
the date of entry of judgment, and such accrued interest shall
be included in the judgment. [1989 c 378 § 34; 1988 c 222
§ 33; 1961 c 15 § 84.69.140. Prior: 1957 c 120 § 14.]
84.69.150 Refunds within sixty days. Notwithstanding any other laws to the contrary, any taxes paid before or
after delinquency may be refunded, without interest, by the
county treasurer within sixty days after the date of payment
if:
(1) Paid more than once; or
(2) The amount paid exceeds the amount due on the
property as shown on the roll. [1961 c 15 § 84.69.150.
Prior: 1957 c 120 § 15.]
84.69.160 Chapter does not supersede existing law.
This chapter is enacted as a concurrent refund procedure and
shall not be construed to displace or supersede any portion
of the existing laws relating to refunding procedures. [1961
c 15 § 84.69.160. Prior: 1957 c 120 § 16.]
84.69.170 Payment under protest not required. The
remedies herein provided shall be available regardless of
whether the taxes in question were paid under protest. [1961
c 15 § 84.69.170. Prior: 1957 c 120 § 17.]
Chapter 84.70
DESTROYED PROPERTY—
ABATEMENT OR REFUND
Sections
84.70.010
84.70.040
Reduction in value—Abatement—Formulas—Appeal.
Arson destroyed property.
84.70.010 Reduction in value—Abatement—
Formulas—Appeal. (1) If, on or before December 31 in
any calendar year, any real or personal property placed upon
the assessment roll of that year is destroyed in whole or in
part, or is in an area that has been declared a disaster area
by the governor and has been reduced in value by more than
twenty percent as a result of a natural disaster, the true and
fair value of such property shall be reduced for that assessment year by an amount determined by taking the true and
fair value of such taxable property before destruction or
(2002 Ed.)
84.69.120
reduction in value and deduct therefrom the true and fair
value of the remaining property after destruction or reduction
in value.
(2) Taxes levied for collection in the year in which the
true and fair value has been reduced under subsection (1) of
this section shall be abated in whole or in part as provided
in this subsection. The amount of taxes to be abated shall
be determined by first multiplying the amount deducted from
the true and fair value under subsection (1) of this section by
the rate of levy applicable to the property in the tax year.
Then divide the product by the number of days in the year
and multiply the quotient by the number of days remaining
in the calendar year after the date of the destruction or
reduction in value of the property. If taxes abated under this
section have been paid, the amount paid shall be refunded
under RCW 84.69.020. For taxes levied for collection in
1998 and 1999, this subsection (2) applies to property that is
destroyed in whole or in part, or is in an area that has been
declared a disaster area by the governor and has been
reduced in value by more than twenty percent as a result of
a natural disaster. For taxes levied for collection in 2000
through 2004, this subsection (2) applies to property that is
destroyed in whole or in part, or is in an area that has been
declared a federal disaster area and has been reduced in
value by more than twenty percent as a result of a natural
disaster. This subsection (2) does not apply to taxes levied
for collection in 2005 and thereafter.
(3) No reduction in the true and fair value or abatements
shall be made more than three years after the date of
destruction or reduction in value.
(4) The assessor shall make such reduction on his or her
own motion; however, the taxpayer may make application
for reduction on forms prepared by the department and
provided by the assessor. The assessor shall notify the
taxpayer of the amount of reduction.
(5) If destroyed property is replaced prior to the
valuation dates contained in RCW 36.21.080 and 36.21.090,
the total taxable value for that assessment year shall not
exceed the value as of the appropriate valuation date in
RCW 36.21.080 or 36.21.090, whichever is appropriate.
(6) The taxpayer may appeal the amount of reduction to
the county board of equalization in accordance with the
provisions of RCW 84.40.038. The board shall reconvene,
if necessary, to hear the appeal. [2001 c 187 § 26; 1999
sp.s. c 8 § 1; 1997 c 3 § 126 (Referendum Bill No. 47,
approved November 4, 1997); 1994 c 301 § 56; 1987 c 319
§ 6; 1981 c 274 § 1; 1975 1st ex.s. c 120 § 2; 1974 ex.s. c
196 § 3.]
Contingent effective date—2001 c 187: "Sections 29, 30, and 31 of
this act take effect for taxes levied in 2001 for collection in 2002 and
thereafter if the proposed amendment to Article VII, section 1 of the state
Constitution providing for valuation increases to be phased in over a period
of four years is validly submitted to and is approved and ratified by voters
at the next general election. If the proposed amendment is not approved
and ratified, sections 29, 30, and 31 of this act are null and void. If such
proposed amendment is approved and ratified, sections 2 through 13, 16
through 19, and 21 through 28 of this act are null and void." [2001 c 187
§ 32.]
Reviser’s note: No proposed amendment to Article VII, section 1 of
the state Constitution was submitted to the voters.
Application—2001 c 187: See note following RCW 84.40.020.
Severability—1999 sp.s. c 8: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
[Title 84 RCW—page 135]
84.70.010
Title 84 RCW: Property Taxes
the act or the application of the provision to other persons or circumstances
is not affected." [1999 sp.s. c 8 § 3.]
Effective date—1999 sp.s. c 8: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 7, 1999]." [1999 sp.s. c 8 § 4.]
Application—Severability—Part headings not law—Referral to
electorate—1997 c 3: See notes following RCW 84.40.030.
Severability—1974 ex.s. c 196: See note following RCW 84.56.020.
Refund of property taxes: Chapter 84.69 RCW.
tionment to taxing units or it may direct in general terms that
county treasurers shall apportion any such lieu payment in
the manner provided in RCW 84.72.020. In either event the
department of revenue shall certify to the state treasurer the
basis of apportionment and the state treasurer shall thereupon
forthwith transmit any such lieu payment, together with a
statement of the basis of apportionment, to the county
treasurer in accordance with such certification. [1975 1st
ex.s. c 278 § 213; 1961 c 15 § 84.72.030. Prior: 1941 c
199 § 3; Rem. Supp. 1941 § 11337-17.]
84.70.040 Arson destroyed property. No relief
under this chapter shall be given to any person who is
convicted of arson with regard to the property for which
relief is sought. [1987 c 319 § 7; 1974 ex.s. c 196 § 6.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
Chapter 84.98
CONSTRUCTION
Severability—1974 ex.s. c 196: See note following RCW 84.56.020.
Chapter 84.72
FEDERAL PAYMENTS IN LIEU OF TAXES
Sections
84.72.010
84.72.020
84.72.030
State treasurer authorized to receive in lieu payments—
Department of revenue to apportion.
Basis of apportionment.
Certification of apportionment to state treasurer—
Distribution to county treasurers.
84.72.010 State treasurer authorized to receive in
lieu payments—Department of revenue to apportion. The
state treasurer is hereby authorized and directed to receive
any moneys that may be paid to the state by the United
States or any agency thereof in lieu of ad valorem property
taxes, and to transfer the same to the respective county
treasurers in compliance with apportionments made by the
state department of revenue; and the state treasurer shall
immediately notify the department of revenue of the receipt
of any such payment. [1975 1st ex.s. c 278 § 211; 1961 c
15 § 84.72.010. Prior: 1941 c 199 § 1; Rem. Supp. 1941
§ 11337-15.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.72.020 Basis of apportionment. Any such moneys
so paid to the state treasurer shall be apportioned to the state
and to the taxing districts thereof that would be entitled to
share in the property taxes in lieu of which such payments
are made in the same proportion that the state and such
taxing units would have shared in such property taxes if the
same had been levied. The basis of apportionment shall be
the same as that of property taxes first collectible in the year
in which such lieu payment is made: PROVIDED, That if
any such lieu payment cannot be so apportioned the apportionment shall be made on such basis as the department of
revenue shall deem equitable and proper. [1975 1st ex.s. c
278 § 212; 1961 c 15 § 84.72.020. Prior: 1941 c 199 § 2;
Rem. Supp. 1941 § 11337-16.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
84.72.030 Certification of apportionment to state
treasurer—Distribution to county treasurers. The
department of revenue may indicate either the exact appor[Title 84 RCW—page 136]
Sections
84.98.010
84.98.020
84.98.030
84.98.040
84.98.050
Continuation of existing law.
Title, chapter, section headings not part of law.
Invalidity of part of title not to affect remainder.
Repeals and saving.
Emergency—1961 c 15.
84.98.010 Continuation of existing law. The
provisions of this title insofar as they are substantially the
same as statutory provisions repealed by this chapter, and
relating to the same subject matter, shall be construed as
restatements and continuations, and not as new enactments.
[1961 c 15 § 84.98.010.]
84.98.020 Title, chapter, section headings not part
of law. Title headings, chapter headings, and section or
subsection headings, as used in this title, do not constitute
any part of the law. [1961 c 15 § 84.98.020.]
84.98.030 Invalidity of part of title not to affect
remainder. If any section, subdivision of a section, paragraph, sentence, clause or word of this title for any reason
shall be adjudged invalid, such judgment shall not affect,
impair or invalidate the remainder of this title but shall be
confined in its operation to the section, subdivision of a
section, paragraph, sentence, clause or word directly involved
in the controversy in which such judgment shall have been
rendered. If any tax imposed under this title shall be
adjudged invalid as to any person, corporation, association
or class of persons, corporations or associations included
within the scope of the general language of this title such
invalidity shall not affect the liability of any person, corporation, association or class of persons, corporations or associations as to which such tax has not been adjudged invalid. It
is hereby expressly declared that had any section, subdivision
of a section, paragraph, sentence, clause, word or any
person, corporation, association or class of persons, corporations or associations as to which this title is declared invalid
been eliminated from the title at the time the same was
considered the title would have nevertheless been enacted
with such portions eliminated. [1961 c 15 § 84.98.030.]
84.98.040
84.98.040.
Repeals and saving. See 1961 c 15 §
(2002 Ed.)
Construction
84.98.050
84.98.050 Emergency—1961 c 15. This act is
necessary for the immediate preservation of the public peace,
health and safety, the support of the state government and its
existing public institutions, and shall take effect immediately.
[1961 c 15 § 84.98.050.]
(2002 Ed.)
[Title 84 RCW—page 137]
Title 85
DIKING AND DRAINAGE
Chapters
85.05
Diking districts.
85.06
Drainage districts and miscellaneous drainage provisions.
85.07
Miscellaneous diking and drainage provisions.
85.08
Diking, drainage, and sewerage improvement
districts.
85.12
Federal aid to diking, drainage, and sewerage improvement districts.
85.15
Diking, drainage, sewerage improvement
districts—1967 act.
85.16
Maintenance costs and levies—Improvement
districts.
85.18
Levy for continuous benefits—Diking districts.
85.20
Reorganization of districts into improvement
districts—1917 act.
85.22
Reorganization of districts into improvement
districts—1933 act.
85.24
Diking and drainage districts in two or more
counties.
85.28
Private ditches and drains.
85.32
Drainage district revenue act of 1961.
85.36
Powers of special districts.
85.38
Special district creation and operation.
Adjustment of diking and drainage district indebtedness: Chapter 87.64
RCW.
Assessments and charges against state lands: Chapter 79.44 RCW.
Authority of cities and towns to contract for dikes, levees: RCW 35.21.090.
Construction projects in state waters: Chapter 77.55 RCW.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
County drainage systems, authority, procedure: Chapter 36.94 RCW.
County roads and bridges: Chapter 36.81 RCW.
Diking and drainage
bonds legal investment for mutual savings bank: RCW 32.20.130.
district reclamation contracts: RCW 89.16.070.
Draining lowlands by cities and towns: Chapter 35.56 RCW.
Easements over state lands: Chapter 79.36 RCW.
Elections: Title 29 RCW.
Flood control: Title 86 RCW.
Harbors, tidelands, tidewaters: State Constitution Art. 15 § 1 (Amendment
15), Art. 17.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Irrigation districts: Title 87 RCW.
Lien for labor and materials on public works: Chapter 60.28 RCW.
Limitation of actions, special assessments, warrants: RCW 4.16.030,
4.16.050.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
(2002 Ed.)
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.90.150.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Municipal water and sewer facilities act: Chapter 35.91 RCW.
Planning enabling act: Chapter 36.70 RCW.
Port districts: Title 53 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Reclamation districts: Title 89 RCW.
Right of way for diking and drainage purposes over state lands: RCW
79.01.396 through 79.01.404.
River and harbor improvements: Chapter 88.32 RCW.
Safeguarding open canals and ditches: RCW 35.43.040, 35.44.045,
36.88.015, 36.88.350, 36.88.380 through 36.88.400, 87.03.480,
87.03.526.
Soil and water conservation districts: Chapter 89.08 RCW.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
State reclamation act: Chapter 89.16 RCW.
United States reclamation areas: Chapter 89.12 RCW.
Water rights: Title 90 RCW.
Waterways: Title 91 RCW.
Weather modification and control: Chapter 43.37 RCW.
Chapter 85.05
DIKING DISTRICTS
Sections
85.05.010
85.05.065
85.05.070
85.05.071
85.05.072
85.05.073
85.05.074
85.05.075
85.05.076
85.05.077
85.05.078
85.05.079
85.05.080
85.05.081
85.05.082
85.05.083
85.05.085
85.05.090
85.05.100
85.05.110
85.05.120
85.05.130
Districts authorized—Powers—Management.
Certain powers and rights governed by chapter 85.38 RCW.
Eminent domain—Powers of district.
Resolution to construct drainage system.
Resolution to construct drainage system—Notice of hearing.
Resolution to construct drainage system—Procedure in absence of objections.
Resolution to construct drainage system—Objections to
improvement.
Resolution to construct drainage system—Assessment of
benefits.
Resolution to construct drainage system—Appeal to supreme
court—Trial de novo.
Resolution to construct drainage system—Assessments for
drains and dikes to be segregated.
Resolution to construct drainage system—Bonds to construct
drainage system.
Resolution to construct drainage system—Appellate review.
Rights of way on public land.
Organization—Matters to be set in notices, petitions or proceedings.
Beds and shores of streams granted to district.
Auditor to sign petition for his county, when.
Commissioners, duty of.
Petition for improvement—Contents.
Petition for improvement—Employment of assistants—
Compensation as costs in suits.
Summons—Contents—Service.
Appearance of defendants—Jury—Verdict—Decree.
Assessment of benefited lands formerly omitted—
Procedure—Appeals.
[Title 85 RCW—page 1]
Chapter 85.05
85.05.135
85.05.140
85.05.150
85.05.160
85.05.170
85.05.180
85.05.190
85.05.200
85.05.210
85.05.220
85.05.230
85.05.240
Title 85 RCW: Diking and Drainage
Special assessments—Budgets—Alternative methods.
Proceedings may be dismissed when.
Procedure to claim awards.
Transcript of benefits to auditor—Assessments—Collection.
Tax to pay cost on dismissal.
Construction—Contractors—Performance bonds.
Substantial changes in plans—Procedure.
Payments on contracts—Retained percentage.
Private dikes, how connected—Additional plans—Costs.
Connecting with other diking systems.
Action by district to prevent washing away of stream banks.
Action by district to prevent washing away of stream
banks—Expenses for appropriation of land.
85.05.250 Dikes along public road.
85.05.260 Incorporated town may act as or be included in diking district.
85.05.270 Estimate for maintenance and repair—Emergency expenditures.
85.05.280 Organization of board—Warrants, how issued.
85.05.355 Special assessment bonds.
85.05.360 Warrants—When and how paid.
85.05.365 Certificates of delinquency—Foreclosure—Sale—Use of
proceeds.
85.05.366 Funds to purchase delinquent certificates.
85.05.367 Lands owned by district exempt from taxation.
85.05.370 Trial—Findings and forms of verdict.
85.05.380 Public lands subject to assessment—Rights and liabilities of
public corporations.
85.05.390 Assessments on public lands—How paid.
85.05.400 Fees for service of process.
85.05.410 Commissioners—Compensation and expenses.
85.05.420 Powers of court—Injunctions.
85.05.430 Sale of unneeded property—Authorized.
85.05.440 Sale of unneeded property—Resolution of intention—Notice
of hearing—Publication and posting.
85.05.450 Sale of unneeded property—Protests—Resolution of final
action—Conveyance.
85.05.460 Sale of unneeded property—Conveyance delayed if protests
filed—Appeal.
85.05.470 Sale of unneeded property—Direct action in superior court
by protestant on final order.
85.05.490 Levy for preliminary expenses.
85.05.500 Levy for preliminary expenses—Preliminary expenses defined.
85.05.540 Plat of reclaimed land—Benefits to be determined and paid.
85.05.550 Plat of reclaimed land—Construction, application of RCW
85.05.510 through 85.05.550.
85.05.605 Annexation of territory—Consolidation of special districts—
Suspension of operations—Reactivation.
85.05.610 Authority to annex and assume diking and drainage systems
erected and operated by United States upon permissive
legislation by congress.
85.05.620 Authority to annex and assume diking and drainage systems
erected and operated by United States upon permissive
legislation by congress—Indian trust lands and restricted
lands may be included, when.
85.05.630 Authority to annex and assume diking and drainage systems
erected and operated by United States upon permissive
legislation by congress—Vesting of right, title and interest to dikes and land.
85.05.640 Authority to annex and assume diking and drainage systems
erected and operated by United States upon permissive
legislation by congress—Definitions.
85.05.650 Authority to annex and assume diking and drainage systems
erected and operated by United States upon permissive
legislation by congress—Ratification and confirmation
of prior acts.
Reviser’s note: The language "this act," "this chapter," and words of
similar import appear throughout chapter 85.05 RCW. This chapter is
almost entirely comprised of the basic diking district act of chapter 117,
Laws of 1895, as amended and as expressly added thereto by subsequent
enactments. The chapter is codified in the session law order of the basic act
with a few independent sections which are in pari materia being also
codified herein. Some sections were expressly added to the chapter of the
code or compilation in which the basic act was currently published at the
time of the particular enactment. Similarly some sections were amended by
[Title 85 RCW—page 2]
reference to the compilation number only. Some of these sections contain
the language "this act," "this chapter," or both which appear in the session
law either as original language or as reenactments of the compiler’s
translation. Therefore, throughout chapter 85.05 RCW such language is
retained, wherever it appears, in the most recent session law reenactment.
Situations concerning effective dates of particular acts or having express
restrictive applications are otherwise specially noted.
Validation—1915 c 163: "Section 1. Whenever a petition for the
formation of a diking district, under the provisions of section 4092 of Rem.
& Bal. Code, shall have been filed with the board of county commissioners
of any county, and such petition shall have conformed to the requirements
of said section, except that the description of the proposed system of diking,
the route over which the same is to be constructed, and the proposed spurs
or branches, and the termini thereof, shall not have been definitely set forth
in said petition, or said petition shall have been defective in any particular,
and whenever said petition shall have been published, as required in section
4093 of Rem. & Bal. Code and a hearing shall have been held thereon, and
supplemental petitions shall have been filed, and the board of county
commissioners shall have, at the final hearing, entered findings and an order
granting the prayer of the petitioners, in whole or in part, as provided in
said section 4093, and said board of county commissioners shall have given
notice of an election to be held in such proposed diking district, and shall
have appointed officers of election in the manner prescribed in section 4094
of Rem. & Bal. Code, and such election shall have been held, and the board
of county commissioners shall have counted and canvassed the votes cast
thereat, and it shall have appeared that a majority of the votes cast were for
"Dike Districts Yes," and the board shall have entered an order upon its
records declaring the proposed territory duly organized as a diking district,
and given such district a proper number, followed by the name of the
county and state, and declared the three persons receiving respectively the
highest number of votes the duly elected dike commissioners of such diking
district, and caused a copy of the order entered of record, to be duly
certified and filed in the office of the secretary of state, in the manner
prescribed in section 4095 of Rem. & Bal. Code, the organization of said
diking district so attempted to be organized shall be deemed complete, and
the organization of any such diking district so attempted to be organized in
the manner hereinabove set forth, is hereby validated, and said diking
district is hereby declared to be a duly organized and established diking
district." [1915 c 163 § 1.]
Special district creation and operation: Chapter 85.38 RCW.
85.05.010 Districts authorized—Powers—
Management. Any portion of a county requiring diking
may be organized into a diking district, and when so
organized, such district, and the board of commissioners
hereinafter provided for, shall have and possess the power
herein conferred or that may hereafter be conferred by law
upon such district and board of commissioners, and said
district shall be known and designated as diking district No.
. . . . (here insert number) of the county of . . . . . . (here
insert the name of county) of the state of Washington, and
shall have the right to sue and be sued by and in the name
of its board of commissioners hereinafter provided for, and
shall have perpetual succession, and shall adopt and use a
seal. The commissioners hereinafter provided for, and their
successors in office, shall, from the time of the organization
of such diking district, have the power, and it shall be their
duty, to manage and conduct the business and affairs of the
district; make and execute all necessary contracts, employ
and appoint such agents, officers and employees as may be
required, and prescribe their duties, and perform such other
acts as hereinafter provided, or that may hereafter be
provided by law. [1921 c 146 § 1; 1895 c 117 § 1; RRS §
4236. Cf. 1888 p 90 § 1; Code 1881 § 2519. Formerly
RCW 85.04.005, part.]
85.05.065 Certain powers and rights governed by
chapter 85.38 RCW. Diking districts shall possess the
(2002 Ed.)
Diking Districts
authority and shall be created, district voting rights shall be
determined, and district elections shall be held as provided
in chapter 85.38 RCW. [1985 c 396 § 31.]
Severability—1985 c 396: See RCW 85.38.900.
85.05.070 Eminent domain—Powers of district. All
diking districts organized under the provisions of this act
shall have the right of eminent domain with the power by
and through its board of commissioners to cause to be condemned and appropriated private property for the use of said
organization, in the construction and maintenance of a
system of dikes and make just compensation therefor; that
the property of private corporations may be subjected to the
same rights of eminent domain as private individuals, and
said board of commissioners shall have the power to acquire
by purchase all of the real property necessary to make the
improvements provided for by this act. All diking districts
and the commissioners thereof now organized and existing,
and all diking districts hereafter to be organized, and the
commissioners thereof shall have in addition to the rights,
powers and authority now conferred by any law of this state:
(1) The right, power and authority to straighten, widen,
deepen and improve any and all rivers, watercourses or
streams, whether navigable or otherwise, flowing through or
located within the boundaries of such diking district, or any
rivers, watercourses or streams which shall at any time by
their overflow damage the land within the boundaries of any
such diking district.
(2) To construct all needed and auxiliary dikes, drains,
ditches, canals, flumes, locks and all other necessary
artificial appliances, wherever situated, in the construction of
a diking system and which may be necessary or advisable to
protect the land in any diking district from overflow, or to
provide an efficient system of drainage for the land situated
within such diking district, or to assist and become necessary
in the preservation and maintenance of such diking system.
(3) In the accomplishment of the foregoing objects, the
commissioners of such diking districts are hereby given, in
addition to the right and power of eminent domain now
conferred by law upon the commissioners of any diking
district, the right, power and authority by purchase, or the
exercise of the power and authority of eminent domain, or
otherwise, to acquire all necessary or needed rights of way
in the straightening, deepening or widening of such rivers,
watercourses or streams, and such auxiliary drains, ditches
or canals hereinabove mentioned, and when so acquired shall
have and are hereby given the right, power and authority, by
and with the consent and approval of the United States
government, in cases where such consent is necessary, to
divert, alter or change the bed or course of any such river,
watercourse or stream aforesaid, or to deepen or widen the
same.
All diking districts and the commissioners thereof are
further given the right, power and authority to join and
contract with any other diking district or districts for the
joint construction of any of the foregoing works, appliances,
or improvements, whether such works, appliances or improvements are located within the boundaries of any or all
of the contracting districts. [1939 c 117 § 1; 1915 c 153 §
1; 1907 c 95 § 1; 1895 c 117 § 7; RRS § 4243. Prior:
(2002 Ed.)
85.05.065
1883 p 30 § 1; Code 1881 § 2523. Formerly RCW
85.04.410.]
85.05.071 Resolution to construct drainage system.
Before entering upon the construction of any system of
drainage for the land situated within such diking district, the
commissioners thereof shall adopt a resolution which shall
contain a brief and general description of the proposed improvement, a statement that the costs thereof shall be paid by
warrants drawn and payable in like manner as for the
original construction of the dikes of such district, and fixing
a time and place within such district for hearing objections
to such proposed improvement or for the proposed method
of paying the costs thereof. The time so fixed shall be not
less than thirty days or more than sixty days from the date
said resolution shall be adopted. Such resolution may be
adopted by the commissioners upon their own motion and it
shall be their duty to adopt such resolution at any time when
a petition signed by the owners of sixty percent or more of
the acreage within such diking district is presented, requesting them to do so. [1915 c 153 § 2; RRS § 4244. Formerly
RCW 85.04.450.]
85.05.072 Resolution to construct drainage system—
Notice of hearing. Notice of the hearing shall be given by
posting in three public places within the district a true copy
of the resolution signed by the commissioners of the diking
district and attested with the seal thereof, which notice shall
be posted for at least ten days prior to the day fixed in the
resolution for the hearing. Notice shall also be published at
least once in a newspaper of general circulation in the
district at least ten days before the date of the hearing.
[1985 c 469 § 67; 1915 c 153 § 3; RRS § 4245. Formerly
RCW 85.04.455.]
85.05.073 Resolution to construct drainage system—
Procedure in absence of objections. At the time fixed, the
commissioners shall meet and if no objections have been
made to the proposed improvement or to the proposed
method of paying the costs thereof, they shall adopt an order
reciting that fact and shall thereupon proceed to construct
such system of drainage and pay the costs thereof in accordance with the terms specified in the resolution. [1915 c
153 § 4; RRS § 4246. Formerly RCW 85.04.460, part.]
85.05.074 Resolution to construct drainage system—
Objections to improvement. But if objections in writing
are filed either to the proposed improvement or to the
proposed method of paying the costs thereof, the commissioners shall proceed to hear and consider the same and may,
thereupon, order that such proposed improvement be
abandoned for the time being or may direct such improvement to be constructed and the order of the commissioners
in that regard shall be final and conclusive on all parties
interested: PROVIDED, HOWEVER, That no such proceeding shall be abandoned unless the owners of at least twentyfive percent of the acreage within said district shall have at
or prior to said hearing, filed protests against the same. But
nothing contained in *this act shall be held to forbid the
commissioners in their discretion overruling all protests and
directing the construction of such improvement.
[Title 85 RCW—page 3]
85.05.074
Title 85 RCW: Diking and Drainage
Commissioners shall likewise hear and consider all
objections that may be filed to the proposed method of
paying the cost of such improvement. [1915 c 153 § 5; RRS
§ 4247. Formerly RCW 85.04.460, part.]
*Reviser’s note: The language "this act" appears in 1915 c 153
codified as RCW 85.05.070 through 85.05.079. See also reviser’s note
following chapter digest.
85.05.075 Resolution to construct drainage system—
Assessment of benefits. In case the commissioners at such
hearing shall determine that the benefits accruing to any lot
or parcel of lands within said district by reason of the
construction of such drainage system are greater or less than
the amount theretofore fixed in the original or any subsequent proceeding for the construction of dikes, they shall
determine the amount of such benefits to each lot or parcel
of land and certify their findings and determination in that
regard to the county auditor and the county auditor shall note
the same on the transcript of the judgment (and in case there
has been any readjustment of assessments of such diking
district, then upon such transcript as readjusted). [1915 c
153 § 6; RRS § 4248. Formerly RCW 85.04.465.]
85.05.076 Resolution to construct drainage system—
Appeal to supreme court—Trial de novo. Any person
deeming himself aggrieved by the assessment for benefits
made against any lot or parcel of land owned by him, may
appeal therefrom to the superior court for the county in
which the diking district is situated; such appeal shall be
taken within the time and substantially in the manner
prescribed by the laws of this state for appeals from justices’
courts and all notices of appeal shall be filed with the said
board, and the board of diking commissioners shall at the
appellant’s expense certify to the superior court so much of
the record as appellant may request, and the hearing in said
superior court shall be de novo, and the superior court shall
have power and authority to reverse or modify the determination of the commissioners and to certify the result of its
determination to the county auditor and shall have full power
and authority to do anything in the premises necessary to
adjust the assessment upon the lots or parcels of land
involved in the appeal in accordance with the benefits.
[1915 c 153 § 7; RRS § 4249. Formerly RCW 85.04.475,
part.]
85.05.077 Resolution to construct drainage system—
Assessments for drains and dikes to be segregated. In all
cases wherein it is finally determined that the assessments
for the system of drainage differ from the assessment
theretofore made, as to any tract or parcel of land within
said diking district, the diking commissioners in making their
annual estimate shall segregate the amount necessary to be
raised for the construction, repair and maintenance of the
system of drainage or for the payment of the principal or
interest of any bonds issued for drainage purposes from the
amount necessary to be raised for all other diking purposes
and the county auditor in apportioning said estimate for
drainage purposes to the lands in such district shall base
such apportionment upon the assessment fixed for drainage
purposes and shall apportion the remainder of such estimate
upon the basis fixed in the original or any subsequent
[Title 85 RCW—page 4]
proceeding for all other diking purposes. But in all other
cases, the estimate and apportionment shall be made in
accordance with existing laws. [1915 c 153 § 8; RRS §
4250. Formerly RCW 85.04.470.]
85.05.078 Resolution to construct drainage system—
Bonds to construct drainage system. Authority is hereby
given to any diking district heretofore organized, or that may
be hereafter organized, to issue bonds of such diking district
for the purpose of procuring funds with which to construct
a drainage system, such bonds to be issued in accordance
with the terms of *RCW 85.05.480. [1915 c 153 § 9; RRS
§ 4251. Formerly RCW 85.04.480.]
*Reviser’s note: RCW 85.05.480 was repealed by 1986 c 278 § 46.
85.05.079 Resolution to construct drainage system—
Appellate review. Either the dike commissioners or any
landowner who has appealed to the superior court in accordance with the provisions of *this act may seek appellate
review within the time and in the manner prescribed by
existing law. [1988 c 202 § 72; 1971 c 81 § 156; 1915 c
153 § 10; RRS § 4252. Formerly RCW 85.04.475, part.]
*Reviser’s note: "This act," see note following RCW 85.05.074.
Severability—1988 c 202: See note following RCW 2.24.050.
85.05.080 Rights of way on public land. The right,
power and authority to acquire the necessary and needed
rights of way for any and all purposes now existing by law
or created by this act, may be acquired by the commissioners
of any diking district over, across and upon any land, or
interest therein, of the state of Washington or any county of
this state, and streets, avenues, alleys or public places of any
city, town or municipal corporation of this state: PROVIDED, HOWEVER, That the construction of such dike or dikes
shall not have the effect of impairing any right, power or
authority now existing on the part of any city or town to
construct in, upon, underneath, above or across such dike or
dikes, sewers, water pipes, mains, or the granting of any
franchise thereon, or the improvement by way of planking,
replanking, paving, repaving or any other power, right or
authority which but for this act such city or town would
have in or to such street, avenue, alley or public place;
except, however, that such right, power or authority on
behalf of such city or town shall not be exercised either by
such city or town or by any person, persons, firms or
corporations to whom it might grant any right or franchise,
which will materially impair the efficiency of such dike or
dikes. The provisions of this section as regards said system
of dikes to be located within the boundaries of any incorporated city or town shall apply to the extension or enlargement of any dike or dikes already existing upon, over and
across any street, avenue, alley or public place of any city or
town, as well as the original construction thereof. [1907 c
95 § 2; RRS § 4253. Formerly RCW 85.04.415.]
85.05.081 Organization—Matters to be set in
notices, petitions or proceedings. In all proceedings
hereafter had to organize diking districts, all notices, petitions or proceedings shall contain and set forth all matters
and things required by existing law, and in addition thereto
shall contain and set forth, so far as is necessary or applica(2002 Ed.)
Diking Districts
ble, all matters and things required by the provisions of this
act, and all diking districts now existing, which may exercise
any of the rights, powers or authority conferred by the
provisions of this act, the proceedings to obtain the benefits
hereof, must contain such allegations, and such steps and
proceedings must be taken, as is rendered necessary by the
provisions of this act; and the commissioners of existing
diking districts are hereby given the right, power and
authority to institute all proceedings and to take all necessary
steps to secure the benefits of the provisions of this act, and
all proceedings to secure the benefits thereof and all judgments to be rendered in such proceedings, including the
filing of transcripts and the making of levies, and all other
proceedings, shall be in addition to proceedings, assessments
or levies, theretofore made in any prior proceedings. [1907
c 95 § 3; RRS § 4254.]
85.05.082 Beds and shores of streams granted to
district. All the right, title and interest of the state of
Washington in and to so much of the beds and shores of any
navigable river, stream, waterway or watercourse located
within the boundaries of any diking district up to and
including the line of ordinary high tide in waters where the
tide ebbs and flows, and up to and including the line of
ordinary high water within the banks of all navigable rivers
and lakes, to the extent that the same under any proceedings
to be had under this act shall cease to become a part of such
river, stream, waterway or watercourse by reason of the
diversion of such river, stream, waterway or watercourse,
under any proceedings had under this act, are hereby given,
granted and vested in the respective diking districts now
existing or hereafter to be formed; and the commissioners of
such respective diking districts are hereby given the right,
power and authority to sell such beds and shores in such
manner and upon such notices and proceedings as govern,
under existing laws of this state, the board of county
commissioners in the sale and disposition of any real estate
belonging to counties of this state. The proceeds of such
sales are to be used for the benefits of such diking district in
the payment of any expenses connected with the construction
of such dikes or maintenance thereof: PROVIDED, HOWEVER, That the commissioners of such diking district may,
in their discretion, exchange such abandoned beds and shores
for other property needed in the straightening, deepening or
widening of such rivers, watercourses or streams; and which
exchange may be made upon such terms, conditions and in
such areas as in the discretion of such commissioners they
may deem advisable and for the best interests of such diking
district, without any notice or other formality of proceedings
whatever. [1907 c 95 § 4; RRS § 4255. Formerly RCW
85.04.445.]
85.05.083 Auditor to sign petition for his county,
when. Whenever the county owns any land situated within
the boundaries of a proposed diking district, the county
auditor, when so directed by the board of county commissioners of the county in which such lands are situated, is
hereby authorized to sign the petition praying for the
formation of such diking district for and on behalf and as the
act and deed of such county, and when so signed the same
shall be considered in determining the question of a majority
(2002 Ed.)
85.05.081
signature in acreage to the petition for the formation of such
district. [1907 c 95 § 5; RRS § 4256. Formerly RCW
85.04.430.]
85.05.085 Commissioners, duty of. The board of
dike commissioners shall consist of three elected commissioners. The initial commissioners shall be appointed, and
the elected commissioners elected, as provided in chapter
85.38 RCW. The board of dike commissioners shall have
the exclusive charge of the construction and maintenance of
all dikes or dike systems which may be constructed within
the district, and shall be the executive officers thereof, with
full power to bind the district by their acts in the performance of their duties, as provided by law. [1985 c 396 §
37; 1921 c 146 § 5; 1895 c 117 § 8; RRS § 4257. Cf. 1883
p 31 § 2; Code 1881 § 2527. Formerly RCW 85.04.045,
part.]
Severability—1985 c 396: See RCW 85.38.900.
85.05.090 Petition for improvement—Contents.
Whenever it is desired to prosecute the construction of a
system of dikes within said district, said district, by and
through its board of commissioners, shall file a petition in
the superior court of the county in which said district is
located, setting forth therein the route over which the same
is to be constructed, with a complete description thereof,
together with specifications for its construction, with all
necessary plats and plans thereof, together with the estimated
cost of such proposed improvement, showing therein the
names of the landowners whose lands are to be benefited by
such proposed improvement; the number of acres owned by
each landowner, and the maximum amount of benefits per
acre to be derived by each landowner set forth therein from
the construction of said proposed improvement, and that the
same will be conducive to the public health, convenience and
welfare, and increase the value of all of said property for
purposes of public revenue. Said petition shall further set
forth the names of the landowners through whose land the
right-of-way is desired for the construction of said dikes; the
amount of land necessary to be taken therefor, and an
estimate of the value of said lands so sought to be taken for
such right-of-way, and the damages sustained by any person
or corporation interested therein, if any, by reason of such
appropriation, irrespective of the benefits to be derived by
such landowners by reason of the construction of said
system. Such estimate shall be made, respectively, to each
person through whose land said right-of-way is sought to be
appropriated. Said petition shall set forth as defendants
therein all the persons or corporations to be benefited by said
improvement, and all persons or corporations through whose
land the right-of-way is sought to be appropriated, and all
persons or corporations having any interest therein, as
mortgagee or otherwise, appearing of record, and shall set
forth that said proposed system of dikes is necessary for the
protection of all the lands from overflow described in said
petition, and that all lands sought to be appropriated for said
right-of-way are necessary to be used as a right-of-way in
the construction and maintenance of said improvements; and
when the proposed improvement will protect or benefit the
whole or any part of any public or corporate road or railroad, so that the traveled track or roadbed thereof will be
[Title 85 RCW—page 5]
85.05.090
Title 85 RCW: Diking and Drainage
improved by the construction of said dikes, such fact shall
be set forth in said petition, and such public or private
corporations owning said road or railroad shall be made
parties defendant therein, and the maximum amount of
benefits to be derived from such proposed improvement shall
be estimated in said petition against said road or railroad.
[1895 c 117 § 9; RRS § 4258. Formerly RCW 85.04.050,
part.]
85.05.100 Petition for improvement—Employment
of assistants—Compensation as costs in suits. In the
preparation of the facts and data to be inserted in said petition and filed therewith for the purpose of presenting the
matter to the said superior court, the board of commissioners
of said diking district may employ one or more good and
competent surveyors and draughtsmen to assist them in compiling data required to be presented to the court with said
petition as hereinbefore provided, and such legal assistance
as may be necessary, with full power to bind said district for
the compensation of such assistants or employees employed
by them, and such services shall be taxed as costs in the suit.
[1895 c 117 § 10; RRS § 4259. Formerly RCW 85.04.055,
part.]
85.05.110 Summons—Contents—Service. A
summons stating briefly the objects of the petition and
containing a description of the land, real estate, premises or
property sought to be appropriated, and those which it is
claimed will be benefited by the improvement, and stating
the court wherein the petition is filed, the date of the filing
thereof and when the defendants are required to appear
(which shall be ten days, exclusive of the day of service, if
served within the county in which the petition is pending,
and if in any other county, then twenty days after such
service, and if served by publication, then within thirty days
from the date of the first publication), shall be served on
each and every person named therein as owner, encumbrancer, tenant or otherwise interested therein. The summons
must be subscribed by the commissioners, or their attorney,
running in the name of the state of Washington and directed
to the defendants; and service thereof shall be made by
delivering a copy of such summons to each of the persons or
parties so named therein, if a resident of the state, or in case
of the absence of such person or party from his or her usual
place of abode, by leaving a copy of the notice at his or her
usual place of abode; or in case of a foreign corporation, at
its principal place of business in this state with some person
of more than sixteen years of age; in case of domestic corporations service shall be made upon the president, secretary or
other director or trustee of the corporation; in case of
persons under eighteen years of age, on their guardians, or
in case no guardian shall have been appointed, then on the
person who has the care and custody of the person; in case
of idiots, lunatics or insane persons, on their guardian, or in
case no guardian shall have been appointed, then on the
person in whose care or charge they are found. *In case the
land, real estate, premises or other property sought to be
appropriated, or which it is claimed will be benefited by the
improvement, is state, tide, school or county land, the
summons shall be served on the auditor of the county in
which the land, real estate, premises or other property sought
[Title 85 RCW—page 6]
to be appropriated, or which it is claimed will be benefited,
is situated. In all cases where the owner or person claiming
an interest in the real or other property is a nonresident of
this state, or where the residence of the owner or person is
unknown, and an affidavit of one or more of the commissioners of the district shall be filed that owner or person is
a nonresident of this state, or that after diligent inquiry his
residence is unknown or cannot be ascertained by such deponent, service may be made by publication thereof in a
newspaper of general circulation in the county where such
lands are situated once a week for three successive weeks.
The publication shall be deemed service upon each nonresident person or persons whose residence is unknown. The
summons may be served by any competent person eighteen
years of age or over. Due proof of service of the summons
by affidavit of the person serving the same, or by the
printer’s affidavit of publication, shall be filed with the clerk
of the court before the court shall proceed to hear the matter.
Want of service of the notice shall render the subsequent
proceedings void as to the person not served; but all persons
or parties having been served with summons as herein
provided, either by publication or otherwise, shall be bound
by the subsequent proceedings. In all cases not otherwise
provided for, service of notice, order and other papers in the
proceeding authorized by this chapter may be made as the
superior court, or the judge thereof, may direct: PROVIDED, That personal service upon any party outside of this
state shall be of like effect as service by publication. [1985
c 469 § 68; 1971 ex.s. c 292 § 56; 1895 c 117 § 11; RRS §
4260. Formerly RCW 85.04.060, part.]
*Reviser’s note: Subsequent legislation provides for service of
summons on budget director (now director of financial management; chapter
43.41 RCW), see chapter 79.44 RCW; see also note following RCW
85.06.110.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
85.05.120 Appearance of defendants—Jury—
Verdict—Decree. Any or all of said defendants may appear
jointly or separately, and admit or deny the allegations of
said petition, and plead any affirmative matter in defense
thereof, at the time and place appointed for hearing said
petition, or to which the same may have been adjourned. If
the court or judge thereof shall have satisfactory proof that
all of the defendants in said action have been duly served
with said summons, as above provided, and shall be further
satisfied by competent proof that said improvement is
practicable, and conducive to the public health, welfare and
convenience, and will increase the value of said lands for the
purpose of public revenue, and that the contemplated use for
which the land, real estate, premises or other property sought
to be appropriated is really a public use, and that the land,
real estate, premises or other property sought to be appropriated are required and necessary for the establishment of
said improvement, the court or judge thereof shall cause a
jury of twelve qualified persons to be impaneled to assess
the damages and benefits as herein provided, if in attendance
upon his court; and if not, he may, if satisfied that the public
interests require the immediate construction of said improvement, direct the sheriff of his county to summon from the
citizens of the county in which said petition is filed as many
qualified persons as may be necessary in order to form a
jury of twelve persons, unless the parties to the proceedings
(2002 Ed.)
Diking Districts
consent to a less number, such number to be not less than
three, and such consent shall be entered by the clerk in the
minutes of the trial. If necessary to complete the jury in any
case, the sheriff, under direction of the court or judge
thereof, shall summon as many qualified persons as may be
required to complete the jury from the citizens of the county
in which the petition is filed. In case a special jury is
summoned, the cost thereof shall be taxed as part of the
costs in the proceeding, and paid by the district seeking to
appropriate said land, the same as other costs in the case;
and no person shall be competent as a juror who is a
resident of, or landowner in, the district seeking to appropriate said land. The jurors at such trial shall make in each
case a separate assessment of damages which shall result to
any person, corporation or company, or to the state, by
reason of the appropriation and use of such land, real estate,
premises or other property for said improvement, and shall
ascertain, determine and award the amount of damages to be
paid to said owner or owners, respectively, and to all
tenants, incumbrancers and others interested, for the taking
or injuriously affecting such land, real estate, premises or
other property for the establishment of said improvement;
and shall further find the maximum amount of benefits, per
acre, to be derived by each of the landowners from the
construction of said improvement. And upon a return of the
verdict into court, the same shall be recorded as in other cases; whereupon a decree shall be entered in accordance with
the verdict so rendered, setting forth all the facts found by
the jury, and decreeing that said right-of-way be appropriated, and directing the commissioners of said diking district to
draw their warrant on the county treasurer for the amount
awarded by the jury to each person, for damages sustained
by reason of the establishment of said improvement, payable
out of the funds of said diking district. [1895 c 117 § 12;
RRS § 4261. Formerly RCW 85.04.065, part.]
85.05.130 Assessment of benefited lands formerly
omitted—Procedure—Appeals. If at any time it shall
appear to the board of diking commissioners that any lands
within or without said district as originally established are
being benefited by the diking system of said district and that
said lands are not being assessed for the benefits received,
or that any lands within said district are being assessed out
of or not in proportion to the benefits which said lands are
receiving from the maintenance of the diking system of said
district, and said board of diking commissioners shall determine that certain lands, either within or without the boundaries of the district as originally established, should be
assessed for the purpose of raising funds for the future
maintenance of the diking system of the district, or that the
assessments on land already assessed should be equalized by
diminishing or increasing the same so that said lands shall be
assessed in proportion to the benefits received, said commissioners shall file a petition in the superior court in the
original cause, setting forth the facts, describing the lands
not previously assessed and the lands the assessments on
which should be equalized, stating the estimated amount of
benefits per acre being received by each tract of land
respectively, giving the name of the owner or reputed owner
of each such tract of land, and praying that such original
cause be opened for further proceedings for the purpose of
(2002 Ed.)
85.05.120
subjecting new lands to assessment or equalizing the
assessments upon lands already assessed, or both.
Upon the filing of such petition, summons shall issue
thereon and be served on the owners of all lands affected, in
the same manner as summons is issued and served in
original proceedings, as near as may be, and if such new
lands lie within the boundaries of any other diking district,
said summons shall also be served upon the commissioners
of such other diking district.
In case any of the new lands sought to be assessed in
said proceeding lie within the boundaries of any other diking
district, and the diking commissioners of such other district
believe that the maintenance of the dike or dikes of such
other district is benefiting lands within the district instituting
the proceedings, said diking commissioners of such other
districts shall intervene in such proceedings by petition,
setting forth the facts, describing the lands in the district
instituting the proceeding which they believe are being
benefited by the maintenance of the diking system of their
district, and praying that the benefits to such lands may be
determined and such lands subjected to assessment for the
further maintenance of the diking system of their district, to
the end that all questions of benefits to lands in the respective districts may be settled and determined in one proceeding, and such petitioners in intervention shall cause
summons to be issued upon such petition in intervention and
served upon the commissioners of the diking district instituting the proceeding and upon the owners of all lands sought
to be affected by such petition in intervention.
In case the owner of any such new lands sought to be
assessed in said proceedings shall be maintaining a private
dike against salt or fresh water for the benefit of said lands,
and shall believe that the maintenance of such private dike
is benefiting any lands within or without the district instituting the proceedings, or in case any such new lands sought to
be assessed are included within the boundaries of some other
diking district and are being assessed for the maintenance of
the dikes of such other district, and the owner of such lands
believes that the maintenance of the dike or dikes of such
other district is benefiting lands included within the district
instituting said proceedings, such owner or owners may by
answer and cross-petition set forth the facts and pray that at
the hearing upon said petition and cross-petition the benefits
accruing from the maintenance of the respective dikes may
be considered, to the end that a fair and equitable adjustment
of the benefits being received by any lands from the maintenance of the various dikes benefiting the same, may be
determined for the purpose of fixing the assessments for the
future maintenance of such dikes, and may interplead in said
proceeding such other diking district in which his lands
sought to be assessed in said proceeding are being assessed
for the maintenance of the dike or dikes of such other district.
No answer to any petition or petition in intervention
shall be required, unless the party served with summons
desires to offset benefits or to ask other affirmative relief,
and no default judgment shall be taken for failure to answer
any petition or petition in intervention, but the petitioners or
petitioners in intervention shall be required to establish the
facts alleged by competent evidence.
Upon the issues being made up, or upon the lapse of
time within which the parties served are required to appear
[Title 85 RCW—page 7]
85.05.130
Title 85 RCW: Diking and Drainage
by any summons, the court shall impanel a jury to hear and
determine the matters in issue, and the jury shall determine
and assess the benefits, if any, which the respective tracts of
land are receiving or will receive from the maintenance of
the dike or dikes to be maintained, taking into consideration
any and all matters relating to the benefits, if any, received
or to be received from any dike, structure, or improvement,
and to credit, or charge, as the case may be, to each tract so
situated as to affect any other tract or tracts, or having
improvements or structures thereon or easements granted in
connection therewith affecting any other tract or tracts
included in such proceedings and shall specify in their
verdict the respective amount of benefits per acre, if any,
assessed to each particular tract of land, by legal subdivisions. Upon the return of the verdict of the jury, the court
shall enter its judgment in accordance therewith, as supplemental to the original decree, or in case a petition in
intervention be filed by the diking commissioners of some
other district than that instituting the proceeding, such
judgment to be supplemental to all such original decrees, and
thereafter, all assessments and levies for the future maintenance of any dike or dikes described in said judgment shall
be based upon the respective benefits determined and
assessed against the respective tracts of land as specified in
said judgment. Every person or corporation feeling himself
or itself aggrieved by any such judgment may appeal to the
supreme court or the court of appeals within thirty days after
the entry thereof, and such appeal shall bring before the
supreme court or the court of appeals the propriety and
justness of the verdicts of the jury in respect to the parties to
the appeal. No bonds shall be allowed on such appeals.
Nothing in this section contained shall be construed as
affecting the right of diking districts to consolidation in any
manner provided by law. [1971 c 81 § 157; 1913 c 89 § 1;
1901 c 111 § 1; 1895 c 117 § 13; RRS § 4262.]
Rules of court: Cf. RAP 5.2, 8.1, 18.22.
Reviser’s note: This section was declared unconstitutional in Malim
v. Benthien, 114 Wash. 533 (1921). Prior enactments are set forth below:
1901 c 111 § 1. "If the board of diking commissioners shall, at any
time, discover that any lands within said district are being benefited by the
diking system and the same were by mistake, inadvertence or other cause
omitted from the assessment of benefits as provided for in *the last
preceding section, or which were omitted for the reason that they were not
at the time of assessing the benefits as provided for in said preceding
section, for any cause, subject to a legal assessment, said commissioners
shall file a petition in the Superior Court in the original cause setting forth
the fact of such benefits, describing the lands omitted, the reason the same
were omitted in said original proceedings and giving the name of the
owners or reputed owners thereof and praying that said original cause, as
to such lands, be opened up for further proceedings for the assessment of
the alleged benefits, and upon the filing of said petition summons shall issue
thereon and be served on the defendants named in said petition the same as
summons is served and issued in original proceedings, as near as may be,
except the court may, to avoid costs, and in its discretion, call a jury of not
less than three jurors, and the jury, in assessing the benefits, shall take into
consideration the length of time said lands are to receive the benefits from
said improvement and its future maintenance, estimating said time from the
date when said lands first became legally assessable, which date must be
found by the jury in their verdict as to each tract or parcel found to be
benefited: AND PROVIDED FURTHER, That in case the expense and
costs of the improvement have been paid for by assessments levied against
the lands assessed in the original proceeding before the lands provided for
in this section are assessed, as provided for herein, then, in such case, the
assessments levied from time to time on said last mentioned land shall be
paid into the maintenance fund of said district. Every person or corporation
feeling himself or itself aggrieved by any judgment for damages or any
assessment of benefits provided in this act, may appeal to the Supreme
[Title 85 RCW—page 8]
Court of the state within thirty days after the entry of the judgment, and
such appeal shall bring before the Supreme Court the propriety and justness
of the amount of damage or assessment of benefit in respect to the parties
to the appeal. Upon such appeal no bond shall be required and no stay
shall be allowed."
*Reviser’s note: The language "the last preceding section" which
appears in the foregoing quotation of 1901 c 111 § 1, refers to 1895 c 117
§ 12 codified as RCW 85.05.120.
1895 c 117 § 13. "Every person or corporation feeling himself or
itself aggrieved by the judgment for damages, or the assessment of benefits,
may appeal to the supreme court of this state, within thirty days after the
entry of the judgment, and such appeal shall bring before the supreme court
the propriety and justness of the amount of damage or assessment of benefit
in respect to the parties to the appeal. Upon such appeal no bond shall be
required and no stay shall be allowed."
85.05.135 Special assessments—Budgets—
Alternative methods. RCW 85.38.140 through 85.38.170
constitute a mutually exclusive alternative method by which
diking districts in existence as of July 28, 1985, may
measure and impose special assessments and adopt budgets.
RCW 85.38.150 through 85.38.170 constitute the exclusive
method by which diking districts created after July 28,1985,
may measure and impose special assessments and adopt
budgets. [1985 c 396 § 24.]
Severability—1985 c 396: See RCW 85.38.900.
85.05.140 Proceedings may be dismissed when. In
case the damages or amount of compensation for such rightof-way, together with the estimated cost of the improvement,
amount to more than the maximum amount of benefits which
will be derived from said improvement, or if said improvement is not practicable, or will not be conducive to the
public health, welfare and convenience, or will not increase
the public revenue, the court shall dismiss such proceedings,
and in such case a judgment shall be rendered for the costs
of said proceedings against said district, and no further
proceedings shall be had or done therein; and upon the payment of the costs, said organization shall be dissolved by
decree of said court. [1895 c 117 § 14; RRS § 4263.
Formerly RCW 85.04.070, part.]
85.05.150 Procedure to claim awards. Any person
or corporation claiming to be entitled to any money ordered
paid by the court, as provided in this act, may apply to the
court therefor, and upon furnishing evidence satisfactory to
the court that he is entitled to the same, the court shall make
an order directing the payment to such claimant of the
portion of such money as he or it may be found entitled to;
but if, upon application, the court or judge thereof shall
decide that the title to the land, real estate or premises specified in the application of such claimant is in such condition
as to require that an action be commenced to determine the
title of claimants thereto, it shall refuse such order until such
action is commenced and the conflicting claims to such land,
real estate or premises be determined according to law.
[1895 c 117 § 15; RRS § 4264. Formerly RCW 85.04.210,
part.]
85.05.160 Transcript of benefits to auditor—
Assessments—Collection. Upon the entry of the judgment
upon the verdict of the jury, the clerk of said court shall
immediately prepare a transcript, which shall contain a list
(2002 Ed.)
Diking Districts
of the names of all the persons and corporations benefited by
said improvement and the amount of benefit derived by
each, respectively, and shall duly certify the same, together
with a list of the lands benefited by said improvement belonging to each person or corporation, and shall file the
same with the auditor of the county, who shall immediately
enter the same upon the tax rolls of his office, as provided
by law for the entry of other taxes, against the land of each
of the said persons named in said list, together with the
amounts thereof, and the same shall be subject to the same
interest and penalties in case of delinquency as in case of
general taxes, and shall be collected in the same manner as
other taxes and subject to the same right of redemption and
the lands sold for the collection of said taxes shall be subject
to the same right of redemption as in the sale of lands for
general taxes: PROVIDED, That said assessment shall not
become due and payable except at such time or times and in
such amount as may be designated by the board of commissioners of said dike district, which designation shall be made
to the county auditor by said board of commissioners of said
diking district, by serving a written notice upon the county
auditor designating the time and the amount of the assessment, said assessment to be in proportion to benefits, to
become due and payable, which amount shall fall due at the
time of the falling due of general taxes, and the amount so
designated shall be added by the auditor to the general taxes
of said person, persons or corporations, according to said
notice, upon the assessment rolls in his said office, and collected therewith: AND PROVIDED FURTHER, That no
one call for assessments by said commissioners shall be in
an amount to exceed twenty-five percent of the actual
amount necessary to pay the costs of the proceedings, and
the establishment of said district and system of dikes and the
cost of construction of said work. [1895 c 117 § 16; RRS
§ 4265. Formerly RCW 85.04.080, part.]
85.05.170 Tax to pay cost on dismissal. In the event
of the dismissal of said proceedings and the rendition of
judgment against said district, as hereinbefore provided, said
diking commissioners shall levy a tax upon all of the real
estate within said district, taking as a basis the last equalized
assessment of said real estate for state and county purposes,
sufficient to pay said judgment, and the cost of levying said
tax, and shall cause said tax roll to be filed in the office of
the clerk of the superior court in which such judgment was
rendered. If said tax is not paid within sixty days after the
filing of said tax roll, the court shall, upon the application of
any party interested, direct said real estate to be sold in
payment of said tax, said sale to be made in the same
manner and by the same officer, as is or may be provided by
law for the sale of real estate for taxes for general purposes;
and the same rate of redemption shall exist as in the sale of
real estate for the payment of taxes for general purposes.
[1895 c 117 § 17; RRS § 4266. Formerly RCW 85.04.075,
part.]
85.05.180 Construction—Contractors—Performance
bonds. After the filing of said certificate said commissioners of such diking district shall proceed at once in the
construction of said improvements, and in carrying on said
construction or any extension thereof they shall have full
(2002 Ed.)
85.05.160
charge and management thereof, and shall have the power to
employ such assistance as they may deem necessary, and
purchase all material that may be necessary in the construction and carrying on of the work of said improvement,
and shall have power to let the whole or any portion of said
work to any responsible contractor, and shall in such case
enter into all necessary agreements with such contractor that
may be necessary in the premises: PROVIDED, That in
case the whole or any portion of said improvement is let to
any contractor, said commissioners shall require such
contractor to give a bond in double the amount of the
contract price of the whole or of such portion of said work
covered by such contract, with two or more good and
sufficient sureties to be approved by the board of commissioners of said diking district and running to said district as
obligee therein, conditioned for the faithful and accurate
performance of said contract by said contractor, his executors, administrators or assigns, according to the terms and
conditions of said agreement, and shall cause said contractor
to enter into a further and additional bond in the same
amount, with two or more good and sufficient sureties to be
approved by said board of commissioners of said diking
district in the name of said district as obligee therein,
conditioned that said contractor, his executors, administrators
or assigns, or subcontractor, his executors, administrators or
assigns, shall perform the whole or any portion of said work
under contract of said original contractor; shall pay or cause
to be paid all just claims of all persons performing labor or
rendering services in the construction of said work, or
furnishing materials, merchandise or provisions of any kind
or character used by said contractor or subcontractor, or any
employee thereof in the construction of said improvement:
PROVIDED FURTHER, That no sureties on said last
mentioned bond shall be liable thereon unless the persons or
corporations performing said labor and furnishing said
materials, goods, wares, merchandise and provisions, shall,
within ninety days after the completion of such improvement, file their claim, duly verified, that the amount is just
and due and remains unpaid, with the commissioners of said
diking district. [1895 c 117 § 18; RRS § 4267. Formerly
RCW 85.04.095, part.]
85.05.190 Substantial changes in plans—Procedure.
The work on said improvement shall begin without delay,
and shall be carried on with all expedition possible, and said
board of commissioners of said diking district, or any
contractor thereunder, shall have no power whatever to
change the location of the dikes or the system of improvement or the manner of doing the work therein so as to make
any radical changes in said improvement, without the written
consent of all the landowners to be benefited thereby, and
the landowners which may be damaged thereby. And in
case any substantial changes in said system of improvement
or the manner of the construction thereof shall be deemed
necessary by said board of commissioners at any time during
the progress thereof, and if the written consent to such
changes cannot be procured from said landowners, then said
commissioners, for and on behalf of said district, shall file
a petition in the superior court of the county within which
said district is located, setting forth therein the changes
which they deem necessary to be made in the plans or
[Title 85 RCW—page 9]
85.05.190
Title 85 RCW: Diking and Drainage
manner of the construction of said improvement, and praying
therein to be permitted to make such changes, and upon the
filing thereof, the commissioners [clerk] shall cause a
summons to be served, setting forth the prayer of said
petition, under the seal of said court, which summons shall
be served in the same manner as the service of summons in
the case of the original petition, upon all the landowners or
others claiming any lien thereon or interest therein appearing
of record in said district, and any or all of such parties so
served may appear in said cause and submit their objections
thereto, and after the time for the appearance of said parties
has expired, the court shall proceed to hear said petition at
once without further delay, and if it appears during the
course of such proceedings that the property rights of any of
said landowners will be affected by such proposed change in
said improvement, then the court, after having passed upon
all preliminary questions as in the original proceedings, shall
cause a jury to be impaneled as in the case of the original
proceedings for the establishment of said improvement, and
upon the final hearing of said cause the jury shall return a
verdict finding the amount of damages, if any, sustained by
all persons and corporations the same as upon the original
petition, by reason of such proposed change, and the amount
of compensation to be paid to any persons or corporations
therefor, and for any additional right-of-way that may be
necessary to be appropriated by reason of said proposed
change, and shall readjust the amount of benefits claimed to
have been increased or diminished by any of said landowners by reason of such proposed change in said improvement,
and the proceedings thereafter shall be the same as to
rendering judgment, appeal therefrom, payment of compensation and damages, and filing of the certificate with the
auditor, as hereinbefore provided for in the proceedings
under the original petition, and said commissioners shall
have a right thereafter to proceed with the construction of
said improvement according to the changes made therein.
[1895 c 117 § 19; RRS § 4268. Formerly RCW 85.04.100,
part.]
85.05.200 Payments on contracts—Retained percentage. During the construction of said improvement said
commissioners shall have the right to allow payment thereof,
in installments as the work progresses, in proportion to the
amount of work completed: PROVIDED, That no allowance
or payment shall be made for said work to any contractor or
subcontractor to exceed seventy-five percent of the proportionate amount of the work completed by such contractor or
subcontractor, and twenty-five percent of the contract price
shall be reserved at all times by said board of commissioners
until such work is wholly completed, and shall not be paid
upon the completion of said work until ninety days have
expired for the presentation of all claims for labor performed
and materials, goods, wares, merchandise and provisions
furnished or used in the construction of said improvement;
and upon the completion of said work and the payment of all
claims hereinbefore provided for, according to the terms and
conditions of said contract, said commissioners shall accept
said improvement and pay the contract price therefor. [1895
c 117 § 20; RRS § 4269. Formerly RCW 85.04.105, part.]
[Title 85 RCW—page 10]
85.05.210 Private dikes, how connected—Additional
plans—Costs. In case any diking district organized under
the provisions of this act desires to connect its system of
dikes with the system of dikes of any other district theretofore organized or constructed, said last mentioned diking
district shall be made a party defendant in the proceedings
in the superior court for the establishment of the improvement proposed to be constructed by such first mentioned
diking district, and the petition to be filed in said court, in
addition to the facts to be set forth therein as hereinbefore
provided for, shall set forth the further fact that said district
is desirous of connecting its said system of dikes with the
system of such other diking district, and shall set forth an
estimate of the additional cost per annum, if any, for the
future maintenance of the diking system so sought to be
connected with, and also an estimate of the cost of any
additional improvement in said system so sought to be
connected with, if any, by reason of such connection, and
shall also set forth the amount of compensation which should
be made by said diking district for the privilege of connecting with the said system of dikes; and in case it shall be
deemed necessary to enlarge or strengthen the system of
dikes to be connected with by reason of such connection,
there shall be filed with said petition, in addition to the
plans, specifications and data hereinbefore provided to be
filed, plans and specifications and the estimated cost of the
proposed improvement to be made in the system sought to
be connected with by reason of such connection, and the
proceedings thereon shall be the same as in other cases for
the establishment of diking districts under the provisions of
this act: PROVIDED, That the jury shall, in addition to the
other findings provided for in other cases under the provisions of this act, find the amount of compensation to be paid
said district with whose system connection is sought to be
made, for any additional cost, if any, which may be thrown
upon said district by reason of the increased cost of maintenance by reason of such connection, and shall estimate the
amount of such increased cost of maintenance per annum,
and also the amount of compensation to be made to said
district for the privilege of joining on to its system of dikes;
the compensation to be made for the increased cost of
maintenance shall be paid per annum out of the revenue
derived from the assessments to be levied as in other cases,
and the compensation to be made as may be found by the
jury to said district whose system is sought to be connected
with for the privilege thereof, shall be paid such district as
damages are paid in other cases under the provisions of this
act; and all amounts so paid to said district sought to be
connected with, as compensation for the cost of maintenance,
shall be used as an additional fund for the maintenance of
said diking system of such district, and the amount of
compensation paid for the privilege of connecting with the
system of such district shall also be added to the general
fund of said district, to be used for the payment of the cost
of maintenance of the system of such district sought to be
connected with. [1895 c 117 § 21; RRS § 4270. Formerly
RCW 85.04.435, part.]
85.05.220 Connecting with other diking systems. In
case it shall be found necessary to enlarge or strengthen the
system of dikes sought to be connected with, by reason of
(2002 Ed.)
Diking Districts
such connection, the jury shall determine the cost of such
enlarging or strengthening, and said petitioner district shall
have the right, by and through its representatives, assistants
and employees, to make such improvement on the system of
such other district as may have been found necessary upon
the hearing of said petition, and the costs thereof shall be
assessed against the landowners of said petitioner district to
be benefited by the construction of said entire system, and
no additional cost or burden, by reason of such improvement, shall be thrown upon the landowners of said district
sought to be connected with. [1895 c 117 § 22; RRS §
4271. Formerly RCW 85.04.435, part and 85.04.440.]
85.05.230 Action by district to prevent washing
away of stream banks. Where any diking system is sought
to be constructed by any district organized under the provisions of this act along any river or watercourse to prevent
overflow therefrom, and it shall become necessary to provide
against the washing away of the banks of said river or
watercourse so as to prevent injury to such proposed diking
system, or any system which may have already been
completed, such district, by and through its board of commissioners, may make such portions of lands lying along
said dikes which are threatened to be washed away by said
river or watercourse part of the right-of-way of said dike
system, and may construct along the banks of said river or
watercourse, as a part of said diking system, such protection
as may be necessary to protect said dike, and in such cases
such tract or parcel of land may be condemned and appropriated under the law of eminent domain as provided herein as
a part of the right-of-way of such dike system; and when not
condemned or appropriated at the time said system is
established and constructed, said diking district, by and
through its board of commissioners, may, at any time
thereafter, when any portion of said system is threatened to
be washed away by such river or watercourse, file their
petition with the court condemning and appropriating for the
use of said district so much of the land lying along said river
or watercourse as may be necessary to be used for the
protection of said diking system, and the proceedings therein
for the making of compensation therefor and the payment of
damages by reason of such appropriation shall be the same,
or as near as may be applicable, as other proceedings for the
condemnation of right-of-way provided for in this act. [1895
c 117 § 23; RRS § 4272. Formerly RCW 85.04.420, part.]
85.05.240 Action by district to prevent washing
away of stream banks—Expenses for appropriation of
land. Whenever any land is appropriated along the bank of
any river or watercourse, as provided for in the last preceding section, the expenses of such appropriation, including the
costs and damages to be paid therefor—when such appropriation is taken subsequently to the construction of any
system of dikes under the provisions of this act—shall be
added to the annual cost of the maintenance of said system
and be paid as such, as provided herein. [1895 c 117 § 24;
RRS § 4273. Formerly RCW 85.04.420, part.]
85.05.250 Dikes along public road. In the construction of any diking system under the provisions of this act,
where it is desired to construct the same along the right-of(2002 Ed.)
85.05.220
way of any public road which has theretofore been legally
established, said district shall have a right to construct its
dikes along such road: PROVIDED, That the dikes so
constructed along such road shall not destroy or impair the
same for the use of the public convenience as a public
highway; and in case of the construction or improvement of
any dike along any public highway, such dike shall be
constructed of sufficient width and in such manner as will be
conducive to the public as a public highway. [1895 c 117 §
25; RRS § 4274. Formerly RCW 85.04.425.]
85.05.260 Incorporated town may act as or be
included in diking district. Any town or city already
incorporated, or which may hereafter be incorporated, may
exercise the functions of a diking district under the provisions of this act, or the whole or any portion of any such
town or city may be included with other territory in a
common district under the provisions for the establishment
thereof as provided for herein. [1895 c 117 § 26; RRS §
4275. Formerly RCW 85.04.115, part.]
85.05.270 Estimate for maintenance and repair—
Emergency expenditures. On or before the first day of
November of each year the diking commissioners shall, and
on or before the first Monday in October of each year the
drainage commissioners shall, make and certify to the county
auditor an estimate of the cost of maintenance and repair of
the improvement for the ensuing year. The amount thereof
shall be levied against the land in the district in proportion
to the maximum benefits assessed, and shall be added to the
general taxes and collected therewith. If such estimate of
the cost of maintenance and repair against any tract or
contiguous tracts owned by one person or corporation is less
than two dollars, then the county auditor shall levy such a
minimum amount of two dollars against such tract or
contiguous tracts, and upon the collection thereof as herein
provided shall pay all sums collected into the maintenance
and/or repair fund of the district. In case of an emergency
the commissioners may incur additional obligations and issue
warrants therefor in excess of the estimate. [1959 c 209 §
10. Prior: (i) 1913 c 89 § 2; 1905 c 7 § 2; 1895 c 117 §
27; RRS § 4276. (ii) 1917 c 133 § 2; 1907 c 120 § 1; 1905
c 173 § 3; 1895 c 115 § 24; RRS § 4324. Formerly RCW
85.04.120.]
85.05.280 Organization of board—Warrants, how
issued. The board of commissioners of such district shall
elect one of their number chair and shall either elect one of
their number, or appoint a voter of the district, as secretary,
who shall keep minutes of all the district’s proceedings. The
board of commissioners may issue warrants of such district
in payment of all claims of indebtedness against such
district. Such warrants shall be in form and substance the
same as county warrants and shall draw the legal rate of
interest from the date of their presentation to the treasurer
for payment, as hereinafter provided, and shall be signed by
the chair and attested by the secretary of the board: PROVIDED, That no warrants shall be issued by the board of
commissioners in payment of any indebtedness of such
district for less than the face or par value. [1991 c 245 §
[Title 85 RCW—page 11]
85.05.280
Title 85 RCW: Diking and Drainage
35; 1985 c 396 § 38; 1895 c 117 § 28; RRS § 4277. Formerly RCW 85.04.040, part and RCW 85.04.165, part.]
Severability—1985 c 396: See RCW 85.38.900.
85.05.355 Special assessment bonds. Special
assessment bonds and notes shall be issued and sold in
accordance with chapter 85.38 RCW. [1986 c 278 § 23.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.05.360 Warrants—When and how paid. All
warrants issued under the provisions of this chapter shall be
presented by the owners thereof to the county treasurer in
accordance with chapter 36.29 RCW. [1991 c 245 § 36;
1986 c 278 § 29; 1895 c 117 § 36; RRS § 4286. Formerly
RCW 85.04.170, part.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.05.365
Certificates of delinquency—
Foreclosure—Sale—Use of proceeds. Whenever any
diking district assessments levied under this act shall remain
unpaid for a period of four years from the date when such
assessment becomes due and payable, the diking district,
which levied said assessment or assessments is hereby
empowered and authorized, through its board of commissioners, to make application to the county treasurer of the county
in which said diking district is located, for a certificate of
delinquency to be issued to it for said delinquent assessments
and delinquent interest thereon. And the county treasurer
shall issue to said diking district a certificate of delinquency
in the same manner and form as to an individual: PROVIDED, HOWEVER, That it shall not be necessary or required
for said diking district to pay to said county treasurer any
part or portion of said delinquent assessments or interest
thereon, but payment of general taxes and interest due upon
said general taxes, upon said diked lands will be sufficient
payment by said diking district to entitle it to have said
certificate of delinquency issued to it. Said diking district
shall be empowered to foreclose said certificate or certificates and take title in said district the same as delinquent
tax certificates are foreclosed by individuals. After acquiring
title to any such lands through such foreclosure proceedings,
the diking district, through its commissioners, may offer for
sale and sell all, or any part, of such lands, in the same
manner as counties are authorized to offer for sale and sell
lands acquired by counties through delinquent tax foreclosure
sales; and to issue a deed of conveyance therefor to the
purchaser, executed by the commissioners of the diking
district in behalf of the district, and attested by the clerk of
the district. All revenue derived by the diking district from
the sale of any such lands shall be first used for the redemption of any bonds and interest outstanding against said diking
district which is due and payable, and the remainder thereof,
if any, shall be applied to the payment of maintenance
warrants, or other indebtedness, of the district, which is due
and owing, in the priority deemed best by the board of
diking commissioners. [1931 c 55 § 1; 1929 c 111 § 1;
RRS § 4286-1. Formerly RCW 85.04.510, part.]
85.05.366 Funds to purchase delinquent certificates.
For the purpose of raising funds to purchase certificates of
delinquency each diking district is authorized to levy an
[Title 85 RCW—page 12]
annual assessment upon the acreage contained within the
diking district at the same time and in the same manner as
other assessments of the district are levied; and for the
purpose of raising funds to purchase certificates of delinquency upon delinquent diking district assessments during
the year 1929, each diking district is authorized to issue
emergency warrants, the payment and redemption of which
shall be provided for at regular annual meeting in the year
1929; and thereafter all amounts raised for the purchase of
delinquent diking assessment certificates shall be provided
for at the regular annual meeting set for such purpose.
[1929 c 111 § 2; RRS § 4286-2. Formerly RCW 85.04.515.]
85.05.367 Lands owned by district exempt from
taxation. Any and all lands purchased and acquired by the
diking district through foreclosure of delinquent assessment
certificates shall, so long as owned by, or until sold by, such
diking district, be exempt from general state and county taxes. [1929 c 111 § 3; RRS § 4286-3. Formerly RCW
85.04.510, part.]
85.05.370 Trial—Findings and forms of verdict.
Upon the trial of any questions of issue by a jury under the
provisions of this act, the trial court may, in its discretion,
submit all questions to be found by the jury in the form of
separate findings, or may submit to such jury separate forms
of verdict on all such questions to be found by the jury
therein. [1895 c 117 § 37; RRS § 4287. Formerly RCW
85.04.205, part.]
85.05.380 Public lands subject to assessment—
Rights and liabilities of public corporations. All state,
county, school district or other lands belonging to other
public corporations requiring to be diked as a protection
from overflow shall be subjected to the provisions of this
act, and such corporations, by and through the proper
authorities, shall be made parties in all proceedings therein
affecting said lands and shall have the same rights and liable
to the same right of eminent domain as private persons, and
their lands shall be subject to the right of eminent domain
the same as the lands of private persons or corporations.
[1895 c 117 § 38; RRS § 4288. Formerly RCW 85.04.110,
part.]
85.05.390 Assessments on public lands—How paid.
In case lands belonging to the state, county, school district
or other public corporations are benefited by any improvement instituted under the provisions of this chapter, all
benefits shall be assessed against such lands, and the same
shall be paid by the proper authorities of such public
corporations at the times and in the same manner as assessments are called and paid in case of private persons out of
any general fund of such corporation; and also all costs of
repair and maintenance of such diking system shall be levied
against and apportioned to such lands of such public corporations, whether owned at the time of the original improvement or subsequently acquired either by deed through
delinquent tax foreclosure or otherwise, in the same manner
as such costs of repair and maintenance are levied against
and apportioned to lands belonging to private persons, and
the same shall also be paid out of any general fund of such
(2002 Ed.)
Diking Districts
corporation. [1927 c 277 § 1; 1895 c 117 § 39; RRS §
4289. Formerly RCW 85.04.110, part.]
85.05.400 Fees for service of process. Fees for
service of all process necessary to be served under the
provisions of this act shall be the same as for like services
in other civil cases, or as is or may be provided by law.
[1895 c 117 § 40; RRS § 4290. Formerly RCW 85.04.200,
part.]
85.05.410 Commissioners—Compensation and
expenses. Members of the board of diking commissioners
of any diking district in this state may receive as compensation the sum of up to seventy dollars for attendance at
official meetings of the district and for each day or major
part thereof for all necessary services actually performed in
connection with their duties as commissioners, and shall
receive the same compensation as other labor of a like
character for all other necessary work or services performed
in connection with their duties: PROVIDED, That such
compensation shall not exceed six thousand seven hundred
twenty dollars in one calendar year, except when the
commissioners declare an emergency. Allowance of such
compensation shall be established and approved at regular
meetings of the board, and when a copy of the extracts of
minutes of the board meeting relative thereto showing such
approval is certified by the secretary of such board and filed
with the county auditor, the allowance made shall be paid as
are other claims against the district.
Each commissioner is entitled to reimbursement for
reasonable expenses actually incurred in connection with
such business, including subsistence and lodging, while away
from the commissioner’s place of residence, and mileage for
use of a privately owned vehicle in accordance with chapter
42.24 RCW.
Any commissioner may waive all or any portion of his
or her compensation payable under this section as to any
month or months during his or her term of office, by a
written waiver filed with the secretary as provided in this
section. The waiver, to be effective, must be filed any time
after the commissioner’s election and prior to the date on
which the compensation would otherwise be paid. The
waiver shall specify the month or period of months for
which it is made. [1998 c 121 § 8; 1991 c 349 § 20; 1985
c 396 § 39; 1974 ex.s. c 39 § 1; 1951 c 30 § 1; 1909 c 171
§ 1; 1895 c 117 § 41; RRS § 4291. Formerly RCW
85.04.400.]
Severability—1985 c 396: See RCW 85.38.900.
85.05.420 Powers of court—Injunctions. The court
may compel the performance of the duties imposed by this
act and may, in its discretion, on proper application therefor,
issue its mandatory injunction for such purpose. [1895 c
117 § 42; RRS § 4292.]
85.05.430 Sale of unneeded property—Authorized.
Whenever, in the judgment of a board of commissioners of
any diking district heretofore or hereafter organized, real or
personal property, or any part thereof, owned by said district,
is no longer of use to or needed by such district, or if
personal property has become obsolete, the same may be
(2002 Ed.)
85.05.390
sold by the board of commissioners of said district at public
or private sale. [1955 c 342 § 2. Formerly RCW
85.04.550.]
85.05.440 Sale of unneeded property—Resolution of
intention—Notice of hearing—Publication and posting.
Whenever in the judgment of the commissioners of any
diking district, it is advisable so to sell real or personal
property, the board of commissioners of such district shall
pass a resolution declaring its intention to make such sale,
describing the property to be sold and stating the terms of
such sale. The resolution shall set a date upon which the
board shall meet, to determine whether or not such sale shall
be made. Thereafter a copy of such declaratory resolution
and a notice of hearing thereon shall be posted under the
direction of the board, in three public places in such district
at least ten days before the date of hearing. The notice shall
state the time and place of hearing, describe the property to
be sold and the terms of the proposed sale. In addition a
copy of such resolution and of such notice of hearing
thereon shall be published twice, at least two weeks prior to
such proposed sale in some newspaper qualified for legal
publication in accordance with the provisions of chapter
65.16 RCW, of general publication in the county in which
such diking district is located. [1955 c 342 § 3. Formerly
RCW 85.04.551.]
85.05.450 Sale of unneeded property—Protests—
Resolution of final action—Conveyance. At the time set
for hearing, or at any time to which said hearing may be
adjourned, any district elector within such district may
appear and file a written protest against the proposed action
of the board, which protest shall state clearly the basis
thereof. At such hearing, which shall be public, the board
shall give full consideration to the proposed sale and all
protests filed, either written or oral and on said date or at
any adjourned date, take final action thereon by resolution of
the board. This resolution shall provide that upon payment
of the purchase price involved, conveyance of the property
shall be made by a majority of the board of said district, by
deed if the property be real property; by bill of sale if the
property be personal property, conveying the property sold
to the purchaser thereof, and such conveyance shall pass to
the purchaser such title as the district has to the property.
[1955 c 342 § 4. Formerly RCW 85.04.552.]
85.05.460 Sale of unneeded property—Conveyance
delayed if protests filed—Appeal. If protests be filed
against such sale, such conveyance shall not be executed or
delivered until more than ten days elapse from the date of
the hearing at which the resolution directing the sale, was
passed. If appeal be taken by a protestant from the action of
the board, such conveyance shall not be executed until
termination of proceedings on appeal is had, and then only
if the result of such appeal does not prevent such sale.
[1955 c 342 § 5. Formerly RCW 85.04.553.]
85.05.470 Sale of unneeded property—Direct action
in superior court by protestant on final order. Any
protestant who filed a protest prior to the final order of the
board, may appeal from such final order, but to do so must
[Title 85 RCW—page 13]
85.05.470
Title 85 RCW: Diking and Drainage
within ten days from the date said order was entered, bring
direct action in the superior court in the county wherein such
district or portion thereof is situated, against such board of
commissioners in their official capacity, which action shall
be prosecuted under the procedure of civil actions, with
appellate review as provided in civil actions. In any such
action so brought, the order of the board shall be conclusive
of the regularity and propriety of the proceedings, and all
other matters, except it shall be open to attack upon the
ground of fraud, unfair dealing, arbitrary or unreasonable
action of the board. [1988 c 202 § 73; 1971 c 81 § 158;
1955 c 342 § 6. Formerly RCW 85.04.554.]
Severability—1988 c 202: See note following RCW 2.24.050.
85.05.490 Levy for preliminary expenses. Whenever
the board of county commissioners have passed a resolution
establishing a diking district and prior to the commencement
or the completion of the work of such improvement, the
county commissioners may, and at the request of the diking
commission shall, at the time of levying taxes each year
until the improvement has been completed and a statement
of the total costs has been filed, levy an assessment against
the property within the district to defray the preliminary
expenses of the district; the levy to be based upon the
estimated benefits as shown by the report of the county
engineer on file with the auditor, if such report is on file,
and if not, as shown by the certificate or resolution of the
diking commissioners of said diking district. The assessment
so made shall be credited to the respective pieces of property. The preliminary assessment herein provided for shall be
levied and collected in the same manner as county and state
taxes are levied and collected, which amount shall be
credited to the construction fund and used for the redemption
of warrants issued against the same, which warrants shall be
called and paid in numerical order. [1933 c 39 § 1; RRS §
4247-1. Formerly RCW 85.04.405, part.]
85.05.500 Levy for preliminary expenses—
Preliminary expenses defined. Preliminary expenses shall
mean all of the expenses incurred in the proceedings for the
organization of said district and in other ways to be incurred
prior to the beginning of actual construction of the improvement and shall be paid from the fund hereby created from
time to time upon call of the treasurer. [1933 c 39 § 2; RRS
§ 4247-2. Formerly RCW 85.04.405, part.]
85.05.540 Plat of reclaimed land—Benefits to be
determined and paid. Where tide or other unsurveyed
lands are reclaimed by a diking district and the owner of
said lands shall desire to plat the same into lots, tracts or
subdivisions, such plat shall specify and acknowledge the
total benefits then a charge against each lot, tract or subdivision in said plat. Before a plat shall be approved or filed,
same shall be submitted to the board of dike commissioners
for their consideration. In case the owner and such board
cannot agree as to the adjudged maximum benefits to be
charged as the lien of the district and acknowledged to be
such against each lot, tract or subdivision in such plat, any
interested party may cause an action to be brought in the
superior court of the county to have the just amount determined, and the decree of the court in such cause shall fix the
[Title 85 RCW—page 14]
amount of such lien and the same shall be conclusive and
binding. In fixing the amount to be charged against the
several lots, tracts and subdivisions, the adjudged benefits
per acre, allowing credits for the benefits levied and paid at
said time, shall be taken as the basis for determining the sum
to be charged. The amount of adjudged benefits against
property dedicated to the public for roads and highways in
such plat shall be charged back against the abutting subdivisions and tracts in a just and equitable manner. All diking
district assessments levied against the lands included in the
plat shall be paid in full at the time said plat is approved.
When approved such plat shall be filed with the county
auditor of the county. Thereafter the lands within said plat
shall be conveyed, assessed and taxed with reference to said
plat. [1925 ex.s. c 69 § 4; RRS § 4292-4. Formerly RCW
85.04.505.]
85.05.550 Plat of reclaimed land—Construction,
application of RCW 85.05.510 through 85.05.550.
Nothing in RCW 85.05.510 through 85.05.550 shall be
construed as repealing or modifying any act or statute now
in force pertaining to diking districts, but the rights and
remedies hereby granted shall be deemed cumulative as to
the districts to which RCW 85.05.510 through 85.05.550 is
limited. RCW 85.05.510 through 85.05.550 shall apply to
districts heretofore or hereafter organized and to property
owners’ petitions heretofore or hereafter filed; provided that
the decision of the board of dike commissioners of a district
to which RCW 85.05.510 through 85.05.550 applies to issue
bonds of a district under existing law or under RCW
85.05.510 through 85.05.550, shall be conclusive of such
election. [1925 ex.s. c 69 § 5; RRS § 4292-5. Formerly
RCW 85.04.490, part.]
85.05.605 Annexation of territory—Consolidation of
special districts—Suspension of operations—Reactivation.
Diking districts may annex territory, consolidate with other
special districts, and have their operations suspended and be
reactivated, in accordance with chapter 85.38 RCW. [1986
c 278 § 11.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.05.610 Authority to annex and assume diking
and drainage systems erected and operated by United
States upon permissive legislation by congress. Notwithstanding the provisions of *RCW 85.05.020, any diking or
drainage district or diking and drainage district organized
pursuant to chapter 85.05 RCW as now or hereafter amended, may annex and assume, or such district may be organized for the purpose of assuming, and may take over,
maintain, operate and extend any diking and drainage
systems which have been heretofore erected and operated or
may be hereafter erected and operated by the government of
the United States of America or any political subdivision or
agency thereof, whenever the congress of the United States
by permissive legislation authorizes the transfer of maintenance and operations functions to state and local nonfederal
agencies. [1967 c 184 § 19.]
*Reviser’s note: RCW 85.05.020 was repealed by 1985 c 396 § 87.
For special district creation and operation see chapter 85.38 RCW.
(2002 Ed.)
Diking Districts
Severability—1967 c 184: "If any provision of this 1967 act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1967 c 184 § 25.] This applies to RCW 85.15.010
through 85.15.170 and 85.05.610 through 85.05.650.
85.05.620 Authority to annex and assume diking
and drainage systems erected and operated by United
States upon permissive legislation by congress—Indian
trust lands and restricted lands may be included, when.
Any district organized pursuant to RCW 85.05.610 or
pursuant to any other provisions of chapter 85.05 RCW as
now or hereafter amended may include any Indian trust lands
and restricted lands whenever the congress of the United
States (1) authorizes the inclusion of such lands in such
district and (2) provides authority for such district to assess
and to tax such lands for necessary expenses in the maintenance, operations and capital improvements on such diking
and drainage system. [1967 c 184 § 20.]
85.05.630 Authority to annex and assume diking
and drainage systems erected and operated by United
States upon permissive legislation by congress—Vesting
of right, title and interest to dikes and land. Whenever
the congress of the United States provides for the transfer of
all right, title and interest to any dikes and to the lands upon
which they are situated to any state or local nonfederal
agency, the title to such land and to the dikes shall pass to
the county wherein the dikes are situated for the use and
benefit of any district which may be organized pursuant to
RCW 85.05.610 or pursuant to any other provisions of
chapter 85.05 RCW as now or hereafter amended, until
completion of organization of such district. In any case in
which a district has been organized, all right, title and
interest to such lands and dikes shall vest immediately in the
diking and drainage district. [1967 c 184 § 21.]
85.05.640 Authority to annex and assume diking
and drainage systems erected and operated by United
States upon permissive legislation by congress—
Definitions. For purposes of RCW 85.05.610 through
85.05.650:
(1) The word "owner" as it appears in chapter 85.05
RCW shall include the owner of any undivided interest in
any tract of land within the district boundaries, whether
Indian trust land or restricted land, or non-Indian land;
(2) The "acreage" owned by any owner in any undivided
estate interest shall be computed by multiplying the owner’s
fractional undivided interest against the total acreage
embraced within a particular tract or lot assessed; and
(3) The names of the owners of Indian lands, the size of
Indian tracts and lots, the fractional undivided interest therein
and the "acreage" of each owner as determined according to
the provisions of subsection (2) of this section shall, in any
proceeding to organize and operate a district under the
provisions of RCW 85.05.610 or pursuant to any other
provision of chapter 85.05 RCW as now or hereafter
amended, be conclusively determined by the certificate of the
superintendent of the Indian agency of the Bureau of Indian
Affairs having supervision over the Indian reservation in
which such Indian lands may be located or by the certificate
of the area director over the Bureau of Indian Affairs area
(2002 Ed.)
85.05.610
encompassing such lands; and such certificate shall be
accepted in lieu of all other evidence in the records of the
county in which such lands are situated. [1967 c 184 § 22.]
85.05.650 Authority to annex and assume diking
and drainage systems erected and operated by United
States upon permissive legislation by congress—
Ratification and confirmation of prior acts. The acts and
resolutions of all boards of county commissioners heretofore
authorizing the organization and operation of any diking and
drainage districts, following any provisions of chapter 85.05
RCW, and the acts and resolutions of all diking and drainage
districts heretofore organized following acts of congress
permitting the taking over and operation and maintenance of
existing diking and drainage systems by the state and local
nonfederal governmental agencies, are ratified and confirmed. [1967 c 184 § 23.]
Chapter 85.06
DRAINAGE DISTRICTS AND MISCELLANEOUS
DRAINAGE PROVISIONS
Sections
PART I—DRAINAGE DISTRICTS
85.06.010
85.06.015
85.06.070
85.06.080
85.06.090
85.06.100
85.06.110
85.06.120
85.06.125
85.06.130
85.06.140
85.06.150
85.06.160
85.06.180
85.06.190
85.06.200
85.06.210
85.06.220
85.06.230
85.06.240
85.06.250
85.06.255
85.06.330
85.06.340
85.06.350
85.06.360
85.06.370
85.06.380
85.06.390
85.06.400
Districts authorized—Powers—Management.
Certain powers and rights governed by chapter 85.38 RCW.
Eminent domain powers—Purchase of real property authorized.
Commissioners—Powers and duties.
Petition for improvement—Contents.
Petition for improvement—Employment of assistants—
Compensation as costs in suit.
Summons—Contents—Service.
Appearance of defendants—Jury—Verdict—Assessment of
damages and benefits—Decree.
Special assessments—Budgets—Alternative methods.
Assessment of benefited lands formerly omitted—
Procedure—Appeals.
Dismissal of proceedings, when—Costs.
Procedure to claim awards.
Transcript of benefits to auditor—Assessments—
Collection—Supplemental assessment.
Construction—Contractors—Performance bonds.
Substantial changes in plans—Procedure.
Payments on contracts—Retained percentage.
Connecting private drains—Procedure—Costs.
Connecting with lower districts—Procedure.
City or town may act as or be included in drainage district.
Estimate for maintenance and repair—Emergency expenditures.
Organization of board—Warrants, how issued.
Special assessment bonds.
Warrants presented for indorsement—When and how paid.
Trial—Findings and forms of verdict.
Public lands subject to assessment—Rights and liabilities of
public corporations.
Assessments on public lands—How paid.
Fees for service of process.
Commissioners—Compensation and expenses.
Improvement of watercourses—Preservation of vested rights.
Powers of court—Injunctions.
PART II—MISCELLANEOUS DRAINAGE PROVISIONS
85.06.500
85.06.545
85.06.550
Extension or enlargement of system.
Annexation of territory—Consolidation of special districts—
Suspension of operations—Reactivation.
Payment of preliminary expense where proceedings are
dropped.
[Title 85 RCW—page 15]
Chapter 85.06
Title 85 RCW: Diking and Drainage
85.06.560
Payment of preliminary expense where proceedings are
dropped—Notice to present claims—Registration.
85.06.570 Payment of preliminary expense where proceedings are
dropped—Petition to court for assessment—Contents.
85.06.580 Payment of preliminary expense where proceedings are
dropped—Hearing to be fixed—Order for publication of
notice.
85.06.590 Payment of preliminary expense where proceedings are
dropped—Notice—Contents, publication, etc.
85.06.600 Payment of preliminary expense where proceedings are
dropped—Hearing—Order for levy—Costs.
85.06.610 Payment of preliminary expense where proceedings are
dropped—Certification of order to tax levying officers.
85.06.620 Payment of preliminary expense where proceedings are
dropped—Dismissal of petition.
85.06.630 Payment of preliminary expense where proceedings are
dropped—Appellate review.
85.06.640 Additional improvements—Authorized—Change in plans.
85.06.650 Additional improvements—Methods of payment.
85.06.660 Additional improvements—Resolution—Notice and hearing—Protests—Appellate review, conclusiveness of
order of board.
85.06.670 Additional improvements—Acquisition, sale of property—
Contracts to share expense.
85.06.680 Additional improvements—Private property not to be taken
without compensation.
85.06.690 Additional improvements—Right of eminent domain.
85.06.700 Additional improvements—Powers are additional—
"Drainage district" defined.
85.06.710 Costs in excess of estimate—Authorized—Warrants validated.
85.06.720 Costs in excess of estimate—Petition to reopen original
proceedings—Damages and benefits.
85.06.730 Costs in excess of estimate—Summons on petition—
Contents—Service—Answer.
85.06.740 Costs in excess of estimate—Hearing by jury—Verdict.
85.06.750 Costs in excess of estimate—Judgment—Appellate review.
Reviser’s note: Part I of this chapter consists of chapter 115, Laws
of 1895 as it has been amended and added to; thus the term "this act" has
been translated to read "this chapter" throughout Part I. In Part II a number
of miscellaneous acts relating to drainage districts have been codified;
throughout Part II interval translations of the term "this act" have been made
where they occur.
Special district creation and operation: Chapter 85.38 RCW.
PART I—DRAINAGE DISTRICTS
85.06.010 Districts authorized—Powers—
Management. Any portion of a county, requiring drainage,
which contains five or more inhabitants and freeholders
therein may be organized into a drainage district, and when
so organized such district and the board of commissioners
hereinafter provided for shall have and possess the power
herein conferred or that may hereafter be conferred by law
upon such district and board of commissioners, and said
district shall be known and designated as drainage district
No. . . . . (here insert number), of the county of . . . . . .
(here insert the name of the county), of the state of Washington, and shall have the right to sue and be sued by and in
the name of its board of commissioners hereinafter provided
for, and shall have perpetual succession, and shall adopt and
use a seal. The commissioners hereinafter provided for and
their successors in office shall, from the time of the organization of such drainage district, have the power, and it shall
be their duty, to manage and conduct the business and affairs
of the district, make and execute all necessary contracts,
employ and appoint such agents, officers and employees as
may be required, and prescribe their duties, and perform
such other acts as hereinafter provided, or that may hereafter
[Title 85 RCW—page 16]
be provided by law. [1895 c 115 § 1; RRS § 4298. Formerly RCW 85.04.005, part.]
85.06.015 Certain powers and rights governed by
chapter 85.38 RCW. Drainage districts shall possess the
authority and shall be created, district voting rights shall be
determined, and district elections shall be held as provided
in chapter 85.38 RCW. [1985 c 396 § 32.]
Severability—1985 c 396: See RCW 85.38.900.
85.06.070 Eminent domain powers—Purchase of
real property authorized. All drainage districts organized
or that may hereafter be organized under the provisions of
this chapter or the acts amendatory thereof shall have the
right of eminent domain, with the power by and through its
board of commissioners, to cause to be condemned and
appropriated private property for the use of said corporation
in the construction and maintenance of a system or systems
of drainage, and make just compensation therefor, and such
right of eminent domain may be exercised either within or
without the boundaries of such districts, and may be exercised with respect to rights of way for ditches, drains, dams,
outlets or any other necessary appliances or structures and
whether for the original system or any additions, enlargements or extensions thereof or for additional outlets or systems of drainage: PROVIDED, That the property of private
corporations may be subjected to the same rights of eminent
domain as that of private individuals: PROVIDED, FURTHER, That the said board of commissioners shall have the
power to acquire by purchase all the real property necessary
to make the improvements herein provided for. [1919 c 179
§ 2; 1895 c 115 § 7; RRS § 4305. Formerly RCW
85.04.605, part.]
85.06.080 Commissioners—Powers and duties. The
board of drainage commissioners shall consist of three
elected commissioners. The initial commissioners shall be
appointed, and the elected commissioners elected, as provided in chapter 85.38 RCW. The board shall have exclusive
charge of the construction and maintenance of all drainage
systems which may be constructed by said district and shall
be the executive officers thereof, with full power to bind
said district by their acts in the performance of their duties
as provided by law. [1985 c 396 § 41; 1913 c 86 § 3; 1895
c 115 § 8; RRS § 4306. Formerly RCW 85.04.045, part.]
Severability—1985 c 396: See RCW 85.38.900.
85.06.090 Petition for improvement—Contents.
Whenever it is desired to prosecute the construction of a
system of drainage by said drainage district, said district, by
and through its board of commissioners, shall file a petition
in the superior court of the county in which said district is
located, setting forth therein the route and termini of said
system, with a complete description thereof, together with
specifications for its construction, with all necessary plats
and plans thereof, with draughts of any artificial appliances
or equipment necessary in aid thereof, together with the
estimated cost of such proposed improvement, showing
therein the names of the landowners whose lands are to be
benefited by such proposed improvement; the number of
acres owned by each landowner, and the maximum amount
(2002 Ed.)
Drainage Districts and Miscellaneous Drainage Provisions
of benefits per acre to be derived by each landowner set
forth therein from the construction of said proposed improvement, and that the same will be conducive to the public
health, convenience and welfare, and increase the value of
all of said property for purposes of public revenue. Said
petition shall further set forth the names of the landowners
through whose land the right of way is desired for said
improvement; the amount of land necessary to be taken
therefor, and an estimate of the value of said lands so sought
to be taken for such right of way, and the damages sustained
by any person or corporation interested therein, if any, by
reason of such appropriation, irrespective of any benefits to
be derived by such landowners by reason of the construction
of said improvement. Such estimate shall be made, respectively, to each person through whose land said right of way
is sought to be appropriated. Said petition shall set forth as
defendants therein all the persons or corporations to be benefited by said improvement, and all persons or corporations
through whose land the right of way is sought to be appropriated, and all persons or corporations having any interest
therein, as mortgagee or otherwise, appearing of record, and
shall set forth that said proposed system of drainage is
necessary to drain all of said lands described in said petition,
and that all lands sought to be appropriated for said right of
way are necessary to be used as a right of way in the
construction and maintenance of said improvement; and
when the proposed improvement will protect or benefit the
whole or any part of any public or corporate road or railroad, so that the traveled track or roadbed thereof will be
improved by its construction, such fact shall be set forth in
said petition, and such public or private corporations owning
said road or railroad shall be made parties defendant therein,
and the maximum amount of benefits to be derived from
said proposed improvement shall be estimated in said
petition against said road or railroad: PROVIDED, HOWEVER, That all maps, plats, field notes, surveys, plans,
specifications, or other data heretofore made, ascertained or
prepared under laws heretofore enacted on the subject of this
chapter, may be used under the provisions of this chapter.
[1913 c 86 § 4; 1905 c 175 § 2; 1895 c 115 § 9; RRS §
4307. Formerly RCW 85.04.050, part.]
85.06.100 Petition for improvement—Employment
of assistants—Compensation as costs in suit. In the
preparation of the facts and data to be inserted in said petition and filed therewith for the purpose of presenting the
matter to the superior court, the board of commissioners of
said drainage district may employ one or more good and
competent surveyors and draughtsmen to assist them in compiling data required to be presented to the court with said
petition, as hereinbefore provided, and such legal assistance
as may be necessary, with full power to bind said district for
the compensation of such assistants or employees employed
by them, and such services shall be taxed as costs in the suit.
[1895 c 115 § 10; RRS § 4259. Formerly RCW 85.04.055,
part.]
85.06.110 Summons—Contents—Service. A
summons stating briefly the objects of the petition and
containing a description of the land, real estate, premises or
property sought to be appropriated, and those which it is
(2002 Ed.)
85.06.090
claimed to be benefited by the improvement, and stating the
court wherein the petition is filed, the date of the filing
thereof and when the defendants are required to appear
(which shall be ten days, exclusive of the day of service, if
served within the county in which the petition is pending,
and if in any other county, then twenty days after such
service, and if served by publication, then within thirty days
from the date of the first publication), shall be served on
each and every person named therein as owner, encumbrancer, tenant or otherwise interested therein. The summons
must be subscribed by the commissioners, or their attorney,
running in the name of the state of Washington and directed
to the defendants; and service thereof shall be made by
delivering a copy of such summons to each of the persons or
parties so named therein, if a resident of the state, or in case
of the absence of that person or party from his or her usual
place of abode, by leaving a copy of the notice at his or her
usual place of abode, or in case of a foreign corporation, at
its principal place of business in this state with some person
of more than sixteen years of age; in case of domestic corporations, the service shall be made upon the president,
secretary or other director or trustee of the corporation; in
case of persons under eighteen years of age, on their
guardians; or in case no guardian shall have been appointed,
then on the person who has the care and custody of the
person; in the case of mentally ill or mentally incompetent
persons, on their guardian or limited guardian; or in case no
guardian or limited guardian shall have been appointed, then
on the person and on the person in whose care or charge the
person is found. *In case the land, real estate, premises or
other property sought to be appropriated, or which it is
claimed will be benefited by such improvement, is state,
tide, school or county land, the summons shall be served on
the auditor of the county in which the land, real estate,
premises or other property sought to be appropriated, or
which it is claimed will be benefited, is situated. In all cases
where the owner or person claiming an interest in the real or
other property is a nonresident of this state, or where the
residence of the owner or person is unknown, and an
affidavit of one or more of the commissioners of the district
shall be filed that the owner or person is a nonresident of
this state, or that after diligent inquiry his residence is
unknown or cannot be ascertained by the deponent, service
may be made by publication thereof in a newspaper of
general circulation in the county where the lands are situated,
once a week for three successive weeks. The publication
shall be deemed service upon each nonresident person or
persons whose residence is unknown. The summons may be
served by any competent person eighteen years of age or
over. Due proof of service of the summons by affidavit or
publication shall be filed with the clerk of the court before
the court shall proceed to hear the matter. Want of service
of notice shall render the subsequent proceedings void as to
the person not served; but all persons or parties having been
served with summons as herein provided, either by publication or otherwise, shall be bound by the subsequent proceedings. In all cases not otherwise provided for service of
notice, order and other papers in the proceedings authorized
by this chapter may be made as the superior court, or the
judge thereof, may direct: PROVIDED, That personal
service upon any party outside of the state shall be of like
effect as service by publication. [1985 c 469 § 72; 1977
[Title 85 RCW—page 17]
85.06.110
Title 85 RCW: Diking and Drainage
ex.s. c 80 § 74; 1971 ex.s. c 292 § 57; 1895 c 115 § 11;
RRS § 4309. Formerly RCW 85.04.060, part.]
*Reviser’s note: The case of Paine v. State, 156 Wash. 31 states that
the provisions of this section relating to the service of summons on the
county auditor were repealed by implication by 1909 c 154 § 6 which
provided for such service upon the commissioner of public lands.
Subsequently 1919 c 164 was enacted containing similar provisions and
providing for service upon the commissioner of public lands, and was
amended by 1963 c 20 §§ 4 and 5 to provide for service upon the budget
director and the chief administrative officer of the agency having jurisdiction over such land. Those sections, codified as RCW 47.20.020 and
47.20.030, were repealed by 1970 ex.s. c 51 § 178.
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
85.06.120 Appearance of defendants—Jury—
Verdict—Assessment of damages and benefits—Decree.
Any or all of said defendants may appear jointly or separately and admit or deny the allegations of said petition and
plead any affirmative matter in defense thereof at the time
and place appointed for hearing said petition, or to which the
same may have been adjourned. If the court or judge
thereof shall have satisfactory proof that all of the defendants
in said action have been duly served with said summons, as
above provided, and shall be further satisfied by competent
proof that said improvement is practicable and conducive to
the public health, welfare and convenience, and will increase
the value of said lands for the purpose of public revenue,
and that the contemplated use for which the land, real estate,
premises or other property sought to be appropriated is really
a public use, and that the land, real estate, premises or other
property sought to be appropriated are required and necessary for the establishment of said improvement, and that said
improvement has a good and sufficient outlet, the court or
judge thereof shall cause a jury of twelve qualified persons
to be impaneled to assess the damages and benefits, as
herein provided, if in attendance upon his court; and if not
he may, if satisfied that the public interests require the
immediate construction of said improvement, direct the
sheriff of his county to summons from the citizens of the
county in which petition is filed as many qualified persons
as may be necessary in order to form a jury of twelve
persons, unless the parties to the proceedings consent to a
less number, such number to be not less than three, and such
consent shall be entered by the clerk in the minutes of the
trial. If necessary, to complete the jury in any case, the
sheriff, under the directions of the court or the judge thereof
shall summon as many qualified persons as may be required
to complete the jury from the citizens of the county in which
the petition is filed. In case a special jury is summoned the
cost thereof shall be taxed as part of the cost in the proceedings and paid by the district seeking to appropriate said land,
the same as other costs in the case; and no person shall be
competent as a juror who is a resident of, or landowner in,
the district seeking to appropriate said land. The jurors at
such trial shall make in each case a separate assessment of
damages which shall result to any person, corporation or
company, or to the state, by reason of the appropriation and
use of such land, real estate, premises or other property for
said improvements and shall ascertain, determine and award
the amount of damages to be paid to said owner or owners,
respectively, and to all tenants, incumbrancers and others
[Title 85 RCW—page 18]
interested, for the taking or injuriously affecting such land,
real estate, premises or other property for the establishment
of said improvement; and shall further find a maximum
amount of benefits per acre to be derived by each of the
landowners, and also the maximum amount of benefits
resulting to any municipality, public highway, corporate
road, or district from construction of said improvement. And
upon a return of the verdict into court the same shall be
reported as in other cases; whereupon, a decree shall be
entered in accordance with the verdict so rendered setting
forth all the facts found by the jury, and decreeing that said
right-of-way be appropriated, and directing the commissioners of said drainage district to draw their warrant on the
county treasurer for the amount awarded by the jury to each
person for damages sustained by reason of the establishment
of said improvement, payable out of the funds of said
drainage district. [1909 c 143 § 2; 1895 c 115 § 12; RRS §
4310. Formerly RCW 85.04.065, part.]
85.06.125 Special assessments—Budgets—
Alternative methods. RCW 85.38.140 through 85.38.170
constitute a mutually exclusive alternative method by which
drainage districts in existence as of July 28, 1985, may
measure and impose special assessments and adopt budgets.
RCW 85.38.150 through 85.38.170 constitute the exclusive
method by which drainage districts created after July 28,
1985, may measure and impose special assessments and
adopt budgets. [1985 c 396 § 25.]
Severability—1985 c 396: See RCW 85.38.900.
85.06.130 Assessment of benefited lands formerly
omitted—Procedure—Appeals. If at any time it shall
appear to the board of drainage commissioners that any lands
within or without said district as originally established are
being benefited by the drainage system of said district and
that said lands are not being assessed for the benefits
received, or if after the construction of any drainage system,
it appears that lands embraced therein have in fact received
or are receiving benefits different from those found in the
original proceedings, and which could not reasonably have
been foreseen before the final completion of the improvement, or that any lands within said district are being assessed
out of or not in proportion to the benefits which said lands
are receiving from the maintenance of the drainage system
of said district, and said board of drainage commissioners
shall determine that certain lands, either within or without
the boundaries of the district as originally established, should
be assessed for the purpose of raising funds for the future
maintenance of the drainage system of the district, or that
the assessments on land already assessed should be equalized
by diminishing or increasing the same so that said lands
shall be assessed in proportion to the benefits received, said
commissioners shall file a petition in the superior court in
the original cause, setting forth the facts, describing the lands
not previously assessed and the lands the assessment on
which should be equalized, stating the estimated amount of
benefits per acre being received by each tract of land
respectively, giving the name of the owner or reputed owner
of each such tract of land and praying that such original
cause be opened for further proceedings for the purpose of
subjecting new lands to assessments or equalizing the
(2002 Ed.)
Drainage Districts and Miscellaneous Drainage Provisions
assessments upon lands already assessed, or both. Upon the
filing of such petition, summons shall issue thereon and be
served on the owners of all lands affected, in the same
manner as summons is issued and served in original proceedings, as near as may be, and if such new lands lie within the
boundaries of any other drainage district, said summons shall
also be served upon the commissioners of such other
drainage district. In case any of the new lands sought to be
assessed in said proceeding lie within the boundaries of any
other drainage district, and the drainage commissioners of
such other district believe that the maintenance of the drain
or drains of such other district is benefiting lands within the
district instituting the proceeding, said drainage commissioners of such other districts shall intervene in such proceedings
by petition, setting forth the facts, describing the lands in the
district instituting the proceeding which they believe are
being benefited by the maintenance of the drainage system
of their district, and praying that the benefits to such lands
may be determined and such lands subjected to assessment
for the further maintenance of the drainage system of their
district, to the end that all questions of benefits to lands in
the respective districts may be settled and determined in one
proceeding, and such petitioners in intervention shall cause
summons to be issued upon such petition in intervention and
served upon the commissioners of the drainage district
instituting the proceeding and upon the owners of all lands
sought to be affected by such petition in intervention. In
case the owner of any such new lands sought to be assessed
in said proceedings shall be maintaining a private drain
against salt or fresh water for the benefit of said lands, and
shall believe that the maintenance of such private drain is
benefiting any lands within or without the district instituting
the proceedings, or in case any such new lands sought to be
assessed are included within the boundaries of some other
drainage district and are being assessed for the maintenance
of the drains of such other district, and the owner of such
lands believes that the maintenance of the drain or drains of
such other district is benefiting lands included within the
district instituting said proceedings, such owner or owners
may by answer and cross-petition set forth the facts and pray
that at the hearing upon said petition and cross-petition the
benefits accruing from the maintenance of the respective
drains may be considered, to the end that a fair and equitable
adjustment of the benefits being received by any lands from
the maintenance of the various drains benefiting the same,
may be determined for the purpose of fixing the assessments
for the future maintenance of such drains, and may interplead in said proceeding such other drainage district in
which his lands sought to be assessed in said proceeding are
being assessed for the maintenance of the drain or drains of
such other district. No answer to any petition or petition in
intervention shall be required, unless the party served with
summons desires to offset benefits or to ask other affirmative relief, and no default judgment shall be taken for failure
to answer any petition or petition in intervention, but the
petitioners or petitioners in intervention shall be required to
establish the facts alleged by competent evidence. Upon the
issues being made up, or upon the lapse of time within
which the parties served are required to appear by any
summons, the court shall impanel a jury to hear and determine the matters in issue, and the jury shall determine and
assess the benefits, if any, which the respective tracts of land
(2002 Ed.)
85.06.130
are receiving or will receive from the maintenance of the
drain or drains to be maintained, taking into consideration
any and all matters relating to the benefits, if any, received
or to be received from any drain, structure or improvement,
and to credit or charge, as the case may be, to each tract so
situated as to affect any other tract or tracts, or having
improvement or structures thereon or easements granted in
connection therewith, affecting any other tract or tracts
included in such proceedings, and shall specify in their
verdict the respective amount of benefits per acre, if any,
assessed to each particular tract of land, by legal subdivisions. Upon the return of the verdict of the jury, the court
shall enter its judgment in accordance therewith, as supplemental to the original decree, or in case a petition in
intervention be filed by the drainage commissioners of some
other district than that instituting the proceeding, such
judgment to be supplemental to all such original decrees, and
thereafter, all assessments and levies for the cost of construction or future maintenance of any drain or drains described
in said judgment shall be based upon the respective benefits
determined and assessed against the respective tracts of land
as specified in said judgment. Every person or corporation
feeling himself or itself aggrieved by any such judgment
may appeal to the supreme court or the court of appeals
within thirty days after the entry thereof, and such appeal
shall bring before the supreme court or the court of appeals
the propriety and justness of the verdicts of the jury in
respect to the parties to the appeal. No bonds shall be
required on such appeals. Nothing in this section contained
shall be construed as affecting the right of drainage districts
to consolidation in any manner provided by law. [1971 c 81
§ 159; 1917 c 133 § 1; 1901 c 86 § 1; 1895 c 115 § 13;
RRS § 4311.]
Rules of court: Cf. RAP 5.2, 8.1, 18.22.
85.06.140 Dismissal of proceedings, when—Costs.
In case the damages or amount of compensation for such
right-of-way, together with the estimated costs of the
improvement, amount to more than the maximum amount of
benefits which will be derived from said improvement, or, if
said improvement is not practicable, or will not be conducive
to the public health, welfare and convenience, or will not
increase the public revenue, or will not have sufficient outlet,
the court shall dismiss such proceedings, and in such case a
judgment shall be rendered for the costs of said proceedings
against said district, and no further proceedings shall be had
or done therein; and upon the payment of the costs, said
organization shall be dissolved by decree of said court.
[1895 c 115 § 14; RRS § 4312. Formerly RCW 85.04.070,
part.]
85.06.150 Procedure to claim awards. Any person
or corporation claiming to be entitled to any money ordered
paid by the court, as provided in this chapter, may apply to
the court therefor, and upon furnishing evidence satisfactory
to the court that he is entitled to the same, the court shall
make an order directing the payment to such claimant of the
portion of such money as he or it may be found entitled to;
but if, upon application, the court or judge thereof shall
decide that the title to the land, real estate or premises specified in the application of such claimant is in such condition
[Title 85 RCW—page 19]
85.06.150
Title 85 RCW: Diking and Drainage
as to require that an action be commenced to determine the
title of claimants thereto, it shall refuse such order until such
action is commenced and the conflicting claims to such land,
real estate or premises be determined according to law.
[1895 c 115 § 15; RRS § 4313. Formerly RCW 85.04.210,
part.]
85.06.160 Transcript of benefits to auditor—
Assessments—Collection—Supplemental assessment.
Upon the entry of the judgment upon the verdict of the jury,
the clerk of said court shall immediately prepare a transcript,
which shall contain a list of the names of all the persons and
corporations benefited by said improvement and the amount
of benefit derived by each, respectively, and shall duly certify the same, together with a list of the lands benefited by
said improvement belonging to each person and corporation,
and shall file the same with the auditor of the county, who
shall immediately enter the same upon the tax rolls of his
office, as provided by law for the entry of other taxes,
against the land of each of the said persons named in said
list, together with the amounts thereof, and the same shall be
subject to the same interest and penalties in case of delinquency as in case of general taxes, and shall be collected in
the same manner as other taxes and subject to the same right
of redemption, and the lands sold for the collection of said
taxes shall be subject to the same right of redemption as the
sale of lands for general taxes: PROVIDED, That said
assessments shall not become due and payable except at such
time or times and in such amounts as may be designated by
the board of commissioners of said drainage district, which
designation shall be made to the county auditor by said
board of commissioners of said drainage district, by serving
written notice upon the county auditor designating the time
and the amount of the assessment, said assessment to be in
proportion to benefits to become due and payable, which
amount shall fall due at the time of the falling due of general
taxes, and the amount so designated shall be added by the
auditor to the general taxes of said person, persons or
corporation, according to said notice, upon the assessment
rolls in his said office, and collected therewith; PROVIDED
FURTHER, That no one call for assessments by said commissioners shall be in an amount to exceed twenty-five
percent of the amount estimated by the board of commissioners to be necessary to pay the costs of the proceedings,
and the establishment of said district and drainage system
and the cost of construction of said work; PROVIDED
FURTHER, That where the amount realized from the
original assessment and tax shall not prove sufficient to
complete the original plans and specifications of any
drainage system, alterations, extensions or changes therein,
for which the said original assessment was made, the board
of commissioners of said district shall make such further
assessment as may be necessary to complete said system
according to the original plans and specifications, which
assessment shall be made and collected in the manner
provided in this section for the original assessment. [1907
c 242 § 1; 1895 c 115 § 16; RRS § 4316. Formerly RCW
85.04.080, part.]
85.06.180 Construction—Contractors—Performance
bonds. After the filing of said certificate said commission[Title 85 RCW—page 20]
ers of such drainage district shall proceed at once in the
construction of said improvement, and in carrying on said
construction or any extensions thereof they shall have full
charge and management thereof, and shall have the power to
employ such assistance as they may deem necessary and
purchase all material that may be necessary in the construction and carrying on of the work of said improvement, and
shall have power to let the whole or any portion of said
work to any responsible contractor, and shall in such case
enter into all necessary agreements with such contractor that
may be necessary in the premises: PROVIDED, That in
case the whole or any portion of said improvement is let to
any contractor said commissioners shall require said contractor to give a bond in double the amount of the contract price
of the whole or of such portion of said work covered by said
contract, with two or more sureties to be approved by the
board of commissioners of said drainage district and running
to said district as obligee therein, conditioned for the faithful
and accurate performance of said contract by said contractor,
his executors, administrators or assigns, according to the
terms and conditions of said agreement, and shall cause said
contractor to enter into a further or additional bond in the
same amount, with two or more good and sufficient sureties
to be approved by said board of commissioners of said
drainage district in the name of said district as obligee
therein, conditioned that said contractor, his executors,
administrators or assigns, or subcontractor, his executors,
administrators or assigns, performing the whole or any
portion of said work under contract of said original contractor, shall pay or cause to be paid all just claims for all
persons performing labor or rendering services in the
construction of said work, or furnishing materials, merchandise or provisions of any kind or character used by said
contractor or subcontractor, or any employee thereof in the
construction of said improvement: PROVIDED FURTHER,
That no sureties on said last mentioned bond shall be liable
thereon unless the persons or corporation performing said
labor and furnishing said materials, goods, wares, merchandise and provisions, shall, within ninety days after the
completion of said improvement, file their claim, duly
verified; that the amount is just and due and remains unpaid,
with the board of commissioners of said drainage district.
[1895 c 115 § 18; RRS § 4318. Formerly RCW 85.04.095,
part.]
85.06.190 Substantial changes in plans—Procedure.
The work on said improvement shall begin and shall be
completed with all expedition possible, and said board of
commissioners of such drainage district, or any contractor
thereunder, shall have no power whatever to change said
route or system of improvement or the manner of doing the
work therein so as to make any radical changes in said
improvement, without the written consent of all the landowners to be benefited thereby, and the landowners which may
be damaged thereby. And in case any substantial changes in
said system of improvement or the manner of the construction thereof shall be deemed necessary by said board of
commissioners at any time during the progress thereof, and
if the written consent to such changes cannot be procured
from said landowners, then said commissioners, for and on
behalf of said district, shall file a petition in the superior
(2002 Ed.)
Drainage Districts and Miscellaneous Drainage Provisions
court of the county within which said district is located,
setting forth therein the changes which they deem necessary
to be made in the plan or manner of the construction of said
improvement, and praying therein to be permitted to make
such changes, and upon the filing thereof, the commissioners
shall cause a summons to be served, setting forth the prayer
of said petition, under the seal of said court, which summons
shall be served in the same manner as the service of summons in the case of the original petition, upon all the
landowners or others claiming any lien or interest therein
appearing of record in said district, and any or all of said
parties so served may appear in said cause and submit their
objections thereto, and after the time for the appearance of
all of said parties has expired, the court shall proceed to hear
said petition at once without further delay, and if it appears
during the course of said proceedings that the property rights
of any of said landowners will be affected by such proposed
change in said improvements, then the court, after having
passed upon all preliminary questions as in the original
proceedings may call a jury to be impaneled as in the case
of the original proceeding for the establishment of said
improvements, and upon the final hearing of said cause, the
jury shall return a verdict finding the amount of damages, if
any, sustained by all persons and corporations, the same as
upon the original petition, by reason of such proposed
change, and shall readjust the amount of benefits claimed to
have been increased or diminished by any of said landowners by reason of said proposed change in said improvements,
and the proceedings thereafter shall be the same as to
rendering judgment, appeal therefrom, payment of compensation and damages and filing of the certificate with the
auditor, as hereinbefore provided for in the proceedings upon
the original petition, and said commissioners shall have a
right thereafter to proceed with the construction of said
improvements according to the changes made therein. [1909
ex.s. c 13 § 1; 1895 c 115 § 19; RRS § 4319. Formerly
RCW 85.04.100, part.]
85.06.200 Payments on contracts—Retained percentage. During the construction of said improvement said
commissioners shall have the right to allow payment thereof,
in installments as the work progresses, in proportion to the
amount of work completed: PROVIDED, That no allowance
or payment shall be made for said work to any contractor or
subcontractor to exceed seventy-five percent of the proportionate amount of the work completed by such contractor or
subcontractor, and twenty-five percent of the contract price
shall be reserved at all times by said board of commissioners
until said work is wholly completed, and shall not be paid
upon the completion of said work until ninety days have
expired for the presentation of all claims for labor performed
and materials, goods, wares, merchandise and provisions
furnished or used in the construction of said improvements;
and upon the completion of said work and the payment of all
claims hereinbefore provided for according to the terms and
conditions of said contract, said commissioners shall accept
said improvement and pay the contract price therefor. [1895
c 115 § 20; RRS § 4320. Formerly RCW 85.04.105, part.]
85.06.210 Connecting private drains—Procedure—
Costs. Any person or corporation owning land within said
(2002 Ed.)
85.06.190
district shall have a right to connect any private drains or
ditches for the proper drainage of such land with said
system, and in case any persons or corporations shall desire
to drain such lands into said system and shall find it necessary, in order to do so, to procure the right-of-way over the
land of another, or others, and if consent thereto cannot be
procured from such person or persons, then such landowner
may present in writing a request to the board of commissioners of said district, setting forth therein the necessity of
being able to connect his private drainage with said system,
and pray therein that said system be extended to such point
as he may designate in said writing, and immediately thereon
said board of commissioners shall cause a petition to be filed
in the superior court, for and in the name of said drainage
district, requesting in said petition that said system be
extended as requested, setting forth therein the necessity
thereof and praying that leave be granted by the board to
extend the system in accordance with the prayer of said
petition, and the proceedings in such case, upon the presentation of such petition and the hearing thereof, shall be, in all
matters, the same as in the hearing and presentation of the
original petition for the establishment of the original system
of drainage in said district, as far as applicable. That the
costs in such proceedings shall be paid from the assessment
of benefits to be made on the lands of the person or persons
benefited by such extension, and the assessment and compensation for the right-of-way, damages and benefits, and
payment of damages and compensation, and the collection of
the assessments for benefits, shall be the same as in the
proceedings under the original petition, and the construction
of the said extension shall be made under the same provisions as the construction of the original improvement; and all
things that may be done or performed in connection therewith shall be, as near as may be applicable, in accordance
with the provisions already set forth herein for the establishment and construction of said original improvement:
PROVIDED, That such petitioner or petitioners shall, at the
time of filing such petition by said drainage commissioners,
enter into a good and sufficient bond to said drainage district
in the full penal sum of five hundred dollars, with two or
more sureties, to be approved by the court, conditioned for
the payment of all costs in case the prayer of said petition
should not be granted, which bond shall be filed in said
cause. [1895 c 115 § 21; RRS § 4321. Formerly RCW
85.04.640.]
85.06.220 Connecting with lower districts—
Procedure. In case of the establishment of a drainage
district and system of drainage under the provisions of this
chapter above any other district that may have theretofore
been established and above any other system of drainage that
may have theretofore been constructed in said district, and
in case said district to be established above may desire to
connect its drainage system with the lower or servient
district, shall be made a party to the proceedings for the
establishment of such system, and the petition to be filed in
the superior court for the establishment of the system of
drainage in said upper district shall, in addition to the facts
hereinbefore provided and required to be set forth therein,
set forth the fact that said lower system in said lower district
is necessary to be used as an outlet for the system of
[Title 85 RCW—page 21]
85.06.220
Title 85 RCW: Diking and Drainage
drainage of said upper district, and that the same will be a
sufficient outlet and will afford sufficient capacity to carry
the drainage of both said upper and lower districts; and in
case said system of said lower district will be required to be
enlarged by widening or deepening the same, or both, in
order to give sufficient outlet to said upper district and
afford sufficient drainage for said upper and lower districts,
then the plans and specifications for enlarging the system of
said lower district shall be filed with said petition in addition
to the other data hereinbefore provided for in this chapter.
All the landowners in said lower district, or any person
claiming any interest therein as mortgagee or otherwise, shall
be made parties defendant in said petition, and the proceedings therein as to the assessment of damages and compensation for land taken, if any be necessary to be taken in
enlarging said lower system, shall be the same as in the
establishment of systems of drainage in the lower or servient
district as hereinbefore provided for; but the jury, in addition
to the facts to be found by them as provided for in the
establishment of a drainage system in the lower district, shall
find and determine whether said lower system, when
improved according to the plans and specifications filed with
the said petition, will afford sufficient drainage for both said
upper and lower districts, which finding shall be made by the
jury before considering any other question at issue in said
proceeding; and in case said jury should find that the system
of said lower district when improved as proposed in said
petition would not be sufficient, then, in that case, said
finding shall terminate the proceedings, and no further
proceedings in said case shall be had, and the costs of said
proceeding shall be paid as costs in other proceedings, as
hereinbefore provided for; but in such case the finding of
said jury shall not terminate the objects of said upper district
or operate to disorganize the same, but said upper district
may begin new proceedings for the establishment of a
system of drainage with some new outlet provided therein.
All costs for the enlarging or improving of said lower system
that may be required shall be assessed to the landowners in
the upper district according to the benefits to be derived
from the construction of said entire system, and no additional cost shall be thrown upon the lower district, and all
compensation for taking any right-of-way that may be
necessary to be taken in enlarging said lower system, and all
damages occurring therefrom, if any, to the landowners of
said lower district, shall be ascertained and paid in the same
manner as hereinbefore provided for for the adjustment of
compensation and damages in the establishment of drainage
systems in lower districts. Said lower district, by and
through its board of commissioners, may appear in said
cause and show therein any injury it may sustain as a district
by reason of the additional cost of maintenance of said lower
system as improved and enlarged, and such fact shall be
determined in said cause and the jury shall find the amount
of the increased costs of maintenance per annum, which will
be sustained by said lower district by reason of said enlarging or improving of the same, and judgment shall be rendered in favor of said lower district against said upper
district for such amount so found, and the same shall be paid
each year as the cost of construction is paid as provided for
in this chapter, and the amount so paid shall be held by said
lower district as an additional fund for the maintenance of its
[Title 85 RCW—page 22]
said system as improved and enlarged by said upper district.
[1895 c 115 § 22; RRS § 4322. Formerly RCW 85.04.645.]
85.06.230 City or town may act as or be included
in drainage district. Any town or city already incorporated,
or which may hereafter be incorporated, may exercise the
functions of a drainage district under the provisions of this
chapter, or the whole or any portion of any such town or
city may be included with other territory in a common
district under the provisions for the establishment thereof as
provided for herein. [1895 c 115 § 23; RRS § 4323.
Formerly RCW 85.04.115, part.]
85.06.240 Estimate for maintenance and repair—
Emergency expenditures. See RCW 85.05.270.
85.06.250 Organization of board—Warrants, how
issued. The board of commissioners of such district shall
elect one of their number chairman and shall either elect one
of their number, or appoint a voter of the district, as secretary, who shall keep minutes of all the district’s proceedings.
The board of commissioners may issue warrants of such
district in payment of all claims of indebtedness against such
district, which shall be in form and substance the same as
county warrants, or as near the same as may be practicable,
and shall draw the legal rate of interest from the date of their
presentation to the treasurer for payment, as hereinafter
provided, and shall be signed by the chairman and attested
by the secretary of said board: PROVIDED, That no
warrants shall be issued by said board of commissioners in
payment of any indebtedness of such district for less than the
face or par value. [1985 c 396 § 42; 1895 c 115 § 25; RRS
§ 4325. Formerly RCW 85.04.040, part and 85.04.165,
part.]
Severability—1985 c 396: See RCW 85.38.900.
85.06.255 Special assessment bonds. Special
assessment bonds and notes shall be issued and sold in
accordance with chapter 85.38 RCW. [1986 c 278 § 24.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.06.330 Warrants presented for indorsement—
When and how paid. All warrants issued under the provisions of this chapter shall be presented by the owners
thereof to the county treasurer, who shall indorse thereon the
day of presentation for payment, with the additional indorsement thereon, in case of nonpayment, that they are not paid
for want of funds; and no warrant shall draw interest under
the provisions of this chapter until it is so presented and indorsed by the county treasurer. And it shall be the duty of
such treasurer, from time to time, when he has sufficient
funds in his hands for that purpose, to advertise in the
newspaper doing the county printing for the presentation to
him for payment of as many of the outstanding warrants as
he may be able to pay: PROVIDED, That thirty days after
the first publication of said notice of the treasurer calling in
any of said outstanding warrants said warrants shall cease to
bear interest, which shall be stated in the notice. Said notice
shall be published two weeks consecutively, and said warrants shall be called in and paid in the order of their indorse(2002 Ed.)
Drainage Districts and Miscellaneous Drainage Provisions
ment. [1986 c 278 § 30; 1895 c 115 § 33; RRS § 4333.
Formerly RCW 85.04.170, part.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.06.340 Trial—Findings and forms of verdict.
Upon the trial of any questions of issue by a jury under the
provisions of this chapter the trial court may, in its discretion, submit all questions to be found by the jury in the form
of separate findings, or may submit to such jury separate
forms of verdict on all such questions to be found by the
jury therein. [1895 c 115 § 34; RRS § 4334. Formerly
RCW 85.04.205, part.]
85.06.350 Public lands subject to assessment—
Rights and liabilities of public corporations. All state,
county, school district or other lands belonging to other
public corporations requiring drainage shall be subject to the
provisions of this chapter, and such corporations, by and
through the proper authorities, shall be made parties in all
proceedings herein affecting said lands, and shall have the
same rights as private persons, and their lands shall be
subject to the right of eminent domain the same as the lands
of private persons or corporations. [1895 c 115 § 35; RRS
§ 4335. Formerly RCW 85.04.110, part.]
85.06.360 Assessments on public lands—How paid.
In case lands belonging to the state, county, school district
or other public corporations are benefited by any improvement instituted under the provisions of this chapter, all
benefits shall be assessed against such lands, and the same
shall be paid by the proper authorities of such public
corporation at the times and in the same manner as assessments are called and paid in case of private persons, out of
any general fund of such corporation. [1895 c 115 § 36;
RRS § 4336. Formerly RCW 85.04.110, part.]
85.06.370 Fees for service of process. Fees for
service of all process necessary to be served under the
provisions of this chapter shall be the same as for like
services in other civil cases, or as is or may be provided by
law. [1895 c 115 § 37; RRS § 4337. Formerly RCW
85.04.200, part.]
85.06.380 Commissioners—Compensation and
expenses. In performing their duties under the provisions of
this title the board and members of the board of drainage
commissioners may receive as compensation up to seventy
dollars for attendance at official meetings of the district and
for each day or major part thereof for all necessary services
actually performed in connection with their duties as
commissioners: PROVIDED, That such compensation shall
not exceed six thousand seven hundred twenty dollars in one
calendar year: PROVIDED FURTHER, That such services
and compensation are allowed and approved at a regular
meeting of the board. Upon the submission of a copy,
certified by the secretary, of the extracts of the relevant
minutes of the board showing such approval, to the county
auditor, the same shall be paid as other claims against the
district are paid. Each commissioner is entitled to reimbursement for reasonable expenses actually incurred in
(2002 Ed.)
85.06.330
connection with such business, including subsistence and
lodging, while away from the commissioner’s place of
residence and mileage for use of a privately-owned vehicle
in accordance with chapter 42.24 RCW.
Any commissioner may waive all or any portion of his
or her compensation payable under this section as to any
month or months during his or her term of office, by a
written waiver filed with the secretary as provided in this
section. The waiver, to be effective, must be filed any time
after the commissioner’s election and prior to the date on
which the compensation would otherwise be paid. The
waiver shall specify the month or period of months for
which it is made. [1998 c 121 § 9; 1991 c 349 § 21; 1985
c 396 § 43; 1980 c 23 § 2; 1959 c 209 § 1; 1947 c 76 § 1;
1907 c 62 § 1; 1895 c 115 § 38; RRS § 4338. Formerly
RCW 85.04.600.]
Severability—1985 c 396: See RCW 85.38.900.
85.06.390 Improvement of watercourses—
Preservation of vested rights. The whole or any portion of
any natural watercourse, the whole or any portion of which
lies within any district established under this chapter, or the
whole or any portion of any ditch or drainage system already
constructed or partially constructed prior to the passage of
this chapter, may be improved and completed as a system
under the provisions of this chapter: PROVIDED, That
vested rights in any such watercourse acquired by appropriation of the water thereof for irrigation, mining or manufacturing purposes under existing law, shall not be disturbed.
[1903 c 38 § 1; 1895 c 115 § 39; RRS § 4339. Formerly
RCW 85.04.650.]
85.06.400 Powers of court—Injunctions. The
superior court may compel the performance of the duties
imposed by this chapter, and may, in its discretion, on
proper application therefor, issue its mandatory injunction for
such purpose. [1895 c 115 § 40; RRS § 4340. Formerly
RCW 85.04.755.]
PART II—MISCELLANEOUS DRAINAGE
PROVISIONS
85.06.500 Extension or enlargement of system.
Whenever it shall appear to the board of commissioners of
any drainage district now organized or that may be hereafter
organized under the laws of the state of Washington, that existing drainage systems or improvements are inadequate or
insufficient to properly drain the lands within said district or
any portion or portions thereof, such commissioners shall
have the power and they are hereby authorized to construct
such additional system or systems or to extend, add to, or
enlarge any existing system as in their judgment is necessary. In such event the procedure for the establishment of
such additional system or extension of existing system and
the manner and method of the payment of the cost of construction and maintenance of the same by the assessment of
the lands particularly benefited thereby, as well as the
obtaining of necessary rights of way shall be the same as
that provided by existing laws for the establishment of the
original drainage system within said district. In the exercise
of any of the powers herein granted it shall be immaterial
[Title 85 RCW—page 23]
85.06.500
Title 85 RCW: Diking and Drainage
whether the outlet of any of the ditches, drains, or other
necessary structures or appliances are to be located within or
without the boundaries of said district. This section is
intended to grant supplemental and additional powers to such
drainage districts and shall not be construed to limit or
repeal any existing powers of such districts, nor to repeal
any existing laws relating thereto. [1919 c 179 § 1; RRS §
4304. Formerly RCW 85.04.635.]
85.06.545 Annexation of territory—Consolidation of
special districts—Suspension of operations—Reactivation.
Drainage districts may annex territory, consolidate with other
special districts, and have their operations suspended and be
reactivated, in accordance with chapter 85.38 RCW. [1986
c 278 § 12.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.06.550 Payment of preliminary expense where
proceedings are dropped. When any drainage district has
been or shall be established and created under the provisions
of an act of the legislature of the state of Washington, entitled "An act to provide for the establishment and creation of
drainage districts, and the construction and maintenance of
a system of drainage, and to provide for the means of
payment thereof, and declaring an emergency", approved
*March 20, 1895, and when the drainage commissioners of
such district have employed surveyors or draughtsmen or
legal assistance as provided in RCW 85.06.100, and have
incurred expenses for the compensation of such surveyors,
draughtsmen and legal assistance, and have issued to such
surveyors, draughtsmen or persons rendering said legal
assistance any warrants, orders, vouchers or other evidence
of indebtedness for said expenses so incurred, and when
such warrants, orders, vouchers or other evidences of
indebtedness remain outstanding and unpaid, and when from
any cause no further proceedings are had as provided for in
said act approved *March 20, 1895, within a reasonable
time, it shall be the duty of the county commissioners of the
county in which such drainage district is located to assess in
accordance with the provisions of RCW 85.06.550 through
85.06.630, the lands constituting and embraced within such
drainage district for the purpose of paying such outstanding
warrants, orders, vouchers, or other evidences of indebtedness, together with interest thereon. [1903 c 67 § 1; RRS §
4492. Formerly RCW 85.04.710.]
*Reviser’s note: The act of "March 20, 1895" referred to in this
section is chapter 115, Laws of 1895, the basic drainage district law,
codified as Part I of chapter 85.06 RCW as it has been amended and added
to.
85.06.560 Payment of preliminary expense where
proceedings are dropped—Notice to present claims—
Registration. The county auditor of any county in which
such drainage district is located upon the written request of
any holder or owner of any such warrant, order, voucher or
other evidence of indebtedness, mentioned in the preceding
section, shall forthwith cause to be published in the newspaper doing the county printing, if any such there be, and if
not, then in some newspaper of general circulation in the
county, a notice directing any and all holders or owners of
any such warrants, orders, vouchers, or other evidences of
[Title 85 RCW—page 24]
indebtedness, to present the same to him, at his office, for
registration within ninety days from the date of the first
publication of such notice; and such notice shall be published once a week for six consecutive weeks. Said notice
shall be directed to all holders and owners of warrants,
orders, vouchers or other evidences of indebtedness issued
by the drainage commissioners of the particular district
giving its name and number, and shall designate the character of the warrants, orders, vouchers, or other evidences of
indebtedness, the registration of which is called for by said
notice. Upon the presentation to him of such warrants,
orders, vouchers or other evidences of indebtedness, the
county auditor shall register the same in a separate book to
be kept for that purpose, showing the date of registration, the
date of issue, the purpose of issue when the same is shown
upon the face, the name of the person by whom presented,
and the face value thereof. Any such warrants, orders,
vouchers or other evidences of indebtedness, not presented
within the time prescribed in such notice, shall not share in
the benefits of RCW 85.06.550 through 85.06.630, and no
assessment or reassessment shall thereafter be made for the
purpose of paying the same. [1903 c 67 § 2; RRS § 4493.
Formerly RCW 85.04.715.]
85.06.570 Payment of preliminary expense where
proceedings are dropped—Petition to court for assessment—Contents. At any time after the expiration of the
time within which warrants, orders, vouchers or other
evidences of indebtedness, may be registered as provided in
the preceding section, the holder or owner of any such
registered warrant, order, voucher or other evidence of
indebtedness, may for himself and in behalf of all other
holders or owners of such registered warrants, orders, vouchers or other evidences of indebtedness, file a petition in the
superior court of the county in which such drainage district
is located praying for an order directing the publication and
posting of the notice hereinafter provided for, and for a
hearing upon said petition, and for an order directing the
board of county commissioners to assess the lands embraced
within said drainage district for the purpose of paying such
registered warrants, orders, vouchers or other evidences of
indebtedness and the costs of the proceedings provided for
in RCW 85.06.550 through 85.06.630. Said petition shall set
forth:
(1) That said drainage district was duly established and
created, giving the time.
(2) The facts in connection with the expenses incurred
by the drainage commissioners in the employment of
surveyors, draughtsmen, or legal assistance and the issuance
of such registered warrants, orders, vouchers or other
evidences of indebtedness.
(3) The facts in connection with the compliance with the
provisions of RCW 85.06.550 through 85.06.630.
(4) A list of such registered warrants, orders, vouchers
or other evidences of indebtedness showing the names of
owners or holders, the amounts, the date of issuance, the
purpose for which issued, when shown upon the face thereof,
and the date of presentation for payment, respectively.
[1903 c 67 § 3; RRS § 4494. Formerly RCW 85.04.720.]
(2002 Ed.)
Drainage Districts and Miscellaneous Drainage Provisions
85.06.580 Payment of preliminary expense where
proceedings are dropped—Hearing to be fixed—Order
for publication of notice. Upon the filing of such petition
it shall be the duty of the judge of the said superior court to
fix a time for a hearing of said petition, which time shall be
not less than sixty days from the time of the filing of said
petition, and to enter an order directed to the sheriff of the
said county ordering said sheriff to cause to be published
and posted the notice as provided for in the next succeeding
section. [1903 c 67 § 4; RRS § 4495. Formerly RCW
85.04.725.]
85.06.590 Payment of preliminary expense where
proceedings are dropped—Notice—Contents, publication,
etc. Upon the issuance of the order as provided for in the
next preceding section it shall be the duty of the sheriff of
said county to post, at the court house of said county and at
three public places in said drainage district, and to cause to
be published in a newspaper of general circulation in said
county a notice of the time and place fixed by said order of
court for the hearing of said petition. Said notice shall
contain a statement that said petition has been filed as above
provided for, that the said court has fixed a time and place
for the hearing of said petition, which time and place shall
be stated in said notice, a brief statement of the object of
said proceeding upon said petition, a statement of the
issuance of the said order of court directing the posting and
publishing of said notice, a statement that all persons having
any interest in any land in such drainage district, describing
the same by its corporate name, may at or before the time
fixed for said hearing appear and file objections or exceptions to the granting of the prayer of said petition: A
statement that upon the hearing of said petition in case no
objections or exceptions have been filed in said proceeding,
or in case any objections or exceptions filed be not sustained, and that the allegations of said petition are proven to
the satisfaction of the court an order will be entered in
accordance with the prayer of said petition. That said notice
shall be signed by the sheriff of said county. [1903 c 67 §
5; RRS § 4496. Formerly RCW 85.04.730.]
85.06.600 Payment of preliminary expense where
proceedings are dropped—Hearing—Order for levy—
Costs. At the time and place fixed in said order for the
hearing of said petition, or at such time to which the court
may continue said hearing, the court shall proceed to a
hearing upon said petition and upon any objections or
exceptions which have been filed thereto. And upon it
appearing to the satisfaction of the court from the proofs
offered in support thereof that the allegations of said petition
are true, the said court shall ascertain the total amount of
said registered warrants, orders, vouchers or other evidences
of indebtedness with the accrued interest and the costs of
said proceedings, and thereupon the said court shall enter an
order directing the board of county commissioners to levy a
tax upon all the real estate within said drainage district
exclusive of improvements, taking as a basis the last
equalized assessment of said real estate for state and county
purposes, sufficient to pay said outstanding registered
warrants, orders, vouchers or other evidences of indebtedness
with interest as aforesaid and the costs of said proceeding,
(2002 Ed.)
85.06.580
and the cost of levying said tax, and further directing the
county auditor to issue a warrant on the county treasurer to
the petitioner for the costs advanced by him in such proceeding, which shall be paid in the same manner as the said
registered warrants, orders, vouchers or other evidences of
indebtedness. [1903 c 67 § 6; RRS § 4497. Formerly RCW
85.04.735.]
85.06.610 Payment of preliminary expense where
proceedings are dropped—Certification of order to tax
levying officers. The clerk of said superior court shall
certify the said order to the board of county commissioners,
and to the county auditor and upon receipt of said order by
said board it shall proceed forthwith to execute said order,
and upon said levy being made it shall be extended upon the
tax rolls, certified and collected at the same time, in the
same manner as other special district taxes. [1903 c 67 § 7;
RRS § 4498. Formerly RCW 85.04.740.]
85.06.620 Payment of preliminary expense where
proceedings are dropped—Dismissal of petition. If upon
said hearing the court shall find that the petitioner is not
entitled to an order granting the prayer of said petition the
court shall enter an order dismissing said petition and taxing
the costs against said petitioner. [1903 c 67 § 8; RRS §
4499. Formerly RCW 85.04.745.]
85.06.630 Payment of preliminary expense where
proceedings are dropped—Appellate review. From any
final order entered by the said superior court as above
provided for, any party to said proceeding feeling himself
aggrieved thereby may seek appellate review, as provided by
the general appeal law of this state. [1988 c 202 § 74; 1903
c 67 § 9; RRS § 4500. Formerly RCW 85.04.750.]
Severability—1988 c 202: See note following RCW 2.24.050.
85.06.640 Additional improvements—Authorized—
Change in plans. Whenever in the judgment of the commissioners of any drainage district general benefits to the
entire district will accrue therefrom, or the general plan for
improvement as adopted by such district will be more fully
or properly carried out thereby, the board of commissioners
of such district is hereby given and granted authority and
power to do the following things:
(1) Straighten, widen, deepen, improve, or alter the
course of or discontinue the use and maintenance of, or
abandon any existing drains or ditches in said district, and
when abandoned or discontinued, the right-of-way may be
held or disposed of by said district in the discretion of the
commissioners;
(2) Dig or construct any additional and auxiliary drains
or ditches therein;
(3) Obtain, improve, or alter any existing reservoirs,
spillways or outlets;
(4) Lease, acquire, build, or construct additional, new,
or better reservoirs, spillways, and outlets;
(5) Lease, acquire, erect, build, or construct and operate
any pumping plant and acquire equipment necessary therefor;
(6) Divert, dam, or carry off the waters of any stream
or water endangering or damaging said district and protect
against damage or flood from any waters whatsoever.
[Title 85 RCW—page 25]
85.06.640
Title 85 RCW: Diking and Drainage
PROVIDED, That in carrying out such powers, said
commissioners shall not be authorized under RCW 85.06.640
through 85.06.700 to tap new sources of water which have
other outlets and do not endanger the system or property of
such district. [1941 c 133 § 1; 1935 c 170 § 1; Rem. Supp.
1941 § 4342-1. Formerly RCW 85.04.610.]
85.06.650 Additional improvements—Methods of
payment. To pay for any work done under RCW 85.06.640
through 85.06.700, or matters incident thereto, the commissioners of said district may use any money raised or to
be raised by collection of any unexhausted balance of
assessed benefits as theretofore established upon the lands of
said district and/or by assessments for maintenance, levied
as provided by law; or they may issue warrants of such
district redeemable by levies which shall be added to the
annual cost of the maintenance of said system and be paid
from the maintenance fund from time to time; or they may
combine such methods of payment. [1935 c 170 § 2; RRS
§ 4342-2. Formerly RCW 85.04.625.]
85.06.660 Additional improvements—Resolution—
Notice and hearing—Protests—Appellate review, conclusiveness of order of board. Whenever the board of
commissioners of any district desire[s] to exercise any of the
foregoing powers under *this act, it shall pass a resolution
declaring its intention to do so, which shall describe in
general terms the proposed improvement to be undertaken.
The resolution shall set a date upon which the board shall
meet to determine whether such work shall be done.
Thereafter a copy of such declaratory resolution and a notice
of hearing shall be posted by the secretary or member of the
board, in three public places in such district at least ten days
before the date of hearing. The notice shall state the time
and place of hearing and that plans therefor are on file with
the secretary of the board subject to inspection by any party
interested.
Any property owner affected by such proposed improvement, or any property owner within such district, may appear
at said hearing and object to said proposed improvement by
filing a written protest against the proposed action of the
board. The protest shall clearly state the basis thereof. At
such hearing, which shall be public, the board shall give full
consideration to the proposed project and all protests filed,
and on said date or any adjourned date, take final action
thereon. If protests be filed before said hearing by owners
of more than forty percent of the property in said district, the
board shall not have power to make the proposed improvement nor again initiate the same for one year. If the board
determines to proceed with such project in its original or
modified form, it shall thereupon adopt a resolution so
declaring and adopt general plans therefor, which resolution
may authorize the acquisition by condemnation, or otherwise,
of the necessary rights and properties to complete the same.
Any protestant who filed a written protest prior to said
hearing may appeal from the order of the board, but to do so
must, within ten days from the date of entering of such
order, bring direct action in the superior court of the state of
Washington in the county wherein such district is situated,
against such board of directors in their official capacity,
which action shall be prosecuted under the procedure for
[Title 85 RCW—page 26]
civil actions, with the right of appellate review, as provided
in other civil actions. In any action so brought, the order of
the board shall be conclusive of the regularity and propriety
of the proceedings and all other matters except it shall be
open to attack upon the ground of fraud, unfair dealing,
arbitrary, or unreasonable action of the board. [1988 c 202
§ 75; 1971 c 81 § 160; 1935 c 170 § 3; RRS § 4342-3.
Formerly RCW 85.04.620.]
*Reviser’s note: The language "this act" refers to chapter 170, Laws
of 1935, codified as RCW 85.06.640 through 85.06.700.
Severability—1988 c 202: See note following RCW 2.24.050.
85.06.670 Additional improvements—Acquisition,
sale of property—Contracts to share expense. In carrying
out the foregoing powers, or any other powers possessed by
the board of commissioners of such district, said board shall
have authority to acquire by lease, contract, private purchase,
or purchase at any sale, any real or personal property and to
sell any real or personal property, or any part thereof, owned
by said district when they find that the usefulness thereof to
such district has ceased. Such board shall also have authority to enter into contracts with any other diking and/or
drainage district, person, public or municipal corporation,
flood control district, state, or the United States, with
reference to sharing the costs or expenses of improvements
for said district or the protection thereof, and bind its district
by such contract. [1935 c 170 § 4; RRS § 4342-4. Formerly RCW 85.04.615.]
85.06.680 Additional improvements—Private
property not to be taken without compensation. In
carrying out any of the foregoing powers, said district shall
not impair, damage, injure, or take any private property or
interest therein, or vested rights, without just compensation
being paid. [1935 c 170 § 5; RRS § 4342-5. Formerly
RCW 85.04.605, part.]
85.06.690 Additional improvements—Right of
eminent domain. In carrying out any of the foregoing
powers, or any powers possessed by said district, it shall
have the right of eminent domain to acquire any property or
rights or interest therein, within or outside of the district,
necessary for the use of such district for the construction and
maintenance of any ditches, drains, dikes, dams, spillways,
outlets, necessary appliances and structures in connection
with the operation, alteration, enlargement, extension, or
protection of its drainage system. The procedure for
exercising the right of eminent domain shall be that provided
by law for private corporations. [1935 c 170 § 6; RRS §
4342-6. Formerly RCW 85.04.605, part.]
Eminent domain by corporations generally: Chapter 8.20 RCW.
85.06.700 Additional improvements—Powers are
additional—"Drainage district" defined. The powers and
rights *herein granted are additional to, but not in substitution of, existing rights or powers of drainage districts.
Drainage district as used *herein shall mean a regularly
established drainage, or drainage improvement district,
combined diking and drainage improvement district, or
drainage district exercising combined diking and drainage
(2002 Ed.)
Drainage Districts and Miscellaneous Drainage Provisions
power. [1935 c 170 § 7; RRS § 4342-7. Formerly RCW
85.04.630.]
*Reviser’s note: The language "herein" appears in 1935 c 170
codified as RCW 85.06.640 through 85.06.700.
Severability—1935 c 170: "If any section, provision, or subdivision
of a section of this act shall be adjudged to be invalid or unconstitutional,
such adjudgment shall not affect the validity of the act as a whole, or any
other section, subdivision, or provision thereof." [1935 c 170 § 8.] This
applies to RCW 85.06.640 through 85.06.700.
85.06.710 Costs in excess of estimate—Authorized—
Warrants validated. Whenever any drainage district has
been organized, established and created since January 1st,
1911, and extending to January 1st, 1921, in the manner
provided by law, and the board of commissioners of such
district have been authorized to proceed with the work of
constructing a system of drainage for such district in the
manner provided by law and have begun such work and
expended the whole, or the major portion of the estimated
cost of such improvement, and it shall have appeared to such
board of commissioners that such improvement could not be
completed within the estimated cost thereof so as to produce
the benefits to the lands of the district found by the jury to
be benefited by the proposed improvement without expending a greater sum than the estimated cost of such improvement and that the benefits which would actually accrue to
the lands of the district would be sufficient to warrant the
increased expenditure necessary to complete the improvement, and such board of commissioners shall have incurred
indebtedness in the name of the district to such an amount
as would complete the authorized system of drainage for the
benefit of the lands of the district found by the jury to be
benefited by the proposed improvement, and issued the
warrants of the district to cover the additional cost of completing such improvement all warrants heretofore issued for
such purposes are hereby declared to be valid and legal
obligations of the district so issuing the same. [1921 c 187
§ 1; RRS § 4460.]
85.06.720 Costs in excess of estimate—Petition to
reopen original proceedings—Damages and benefits.
Whenever the board of commissioners of any drainage
district shall have heretofore issued any warrants of the
district for the purpose of completing a system of drainage
for such district so as to produce the benefits to the lands of
the district found by the jury to be benefited by the proposed
improvement as provided in the preceding section, and the
total estimated maximum benefits found by the jury that
would accrue to the lands of the district by reason of such
proposed improvement are not sufficient to cover the actual
cost of such improvement, including the cost of completing
the same as hereinabove provided, the board of commissioners of such district shall file a petition in the superior court
in the original proceeding for the determination of the
damages and benefits to accrue from the proposed improvement, setting forth the facts, describing the lands that have
been, in the judgment of the commissioners, actually
benefited by the completed improvement, stating the estimated amount of benefits per acre that have accrued to each
tract of land respectively, giving the name of the owner or
reputed owner of such tract of land, and praying that the
original proceedings be opened for further proceedings for
(2002 Ed.)
85.06.700
the purpose of determining the benefits which have accrued
to each tract of land actually benefited by the completed
improvement. If the said board of commissioners fail or
refuse to file such petition within sixty days after receipt of
a written request so to do, signed by any warrant-holder,
then the said warrant-holder shall have the right to file same.
[1921 c 187 § 2; RRS § 4461.]
85.06.730 Costs in excess of estimate—Summons on
petition—Contents—Service—Answer. Upon the filing of
the petition provided for in the preceding section, summons
shall issue thereon and be served on the owners of all lands
described in the petition as having been benefited, in the
same manner as summons is issued and served in the
original proceedings for the determination of damages and
benefits by reason of a proposed drainage improvement, as
near as may be. No answer to any such petition shall be
required unless the party served with summons desires to
offset damages claimed to have been actually sustained by
reason of the completed improvement in addition to the
damages found by the jury in the original proceeding, and no
default judgment shall be taken for failure to answer any
such petition. [1921 c 187 § 3; RRS § 4462.]
85.06.740 Costs in excess of estimate—Hearing by
jury—Verdict. Upon the issues being made up, or upon the
lapse of time within which the parties served are required to
appear by any summons issued as provided in the preceding
section, the court shall empanel a jury to hear and determine
the matters in issue, and if the jury shall find that the matters
set forth in the petition are true and that any of the lands of
the district have been benefited by the completed improvement, after offsetting any additional damages found to have
been sustained by reason thereof, it shall determine and
assess the benefits which have actually accrued, and shall
specify in its verdict the respective amount of benefits per
acre, if any, assessed to each particular tract of land, by legal
subdivisions. [1921 c 187 § 4; RRS § 4463.]
85.06.750 Costs in excess of estimate—Judgment—
Appellate review. Upon the return of the verdict of the jury
as provided in the preceding section, if it shall appear to the
court that the total benefits found by the jury to have
accrued to the lands of the district is equal to or exceeds the
actual cost of the improvement including the increased cost
of completing the same, the court shall enter its judgment in
accordance therewith, as supplemental to and in lieu of the
original decree fixing the benefits to the respective tracts of
land, and thereafter the assessment and levy for the original
cost of the construction of the improvement, including the
indebtedness incurred for completing the improvement
together with interest at the legal rate on the warrants issued
therefor, and all assessments and levies if any, for the future
maintenance of the drainage system described in the judgment shall be based upon the respective benefits determined
and assessed against the respective tracts of land as specified
in the judgment. Every person or corporation feeling
himself or itself aggrieved by any such judgment may seek
appellate review within thirty days after the entry thereof,
and such review shall bring before the appellate court the
propriety and justness of the verdict of the jury in respect to
[Title 85 RCW—page 27]
85.06.750
Title 85 RCW: Diking and Drainage
the parties to the proceeding. [1988 c 202 § 76; 1971 c 81
§ 161; 1921 c 187 § 5; RRS § 4464.]
Severability—1988 c 202: See note following RCW 2.24.050.
Chapter 85.07
MISCELLANEOUS DIKING AND
DRAINAGE PROVISIONS
Sections
85.07.010
85.07.040
85.07.050
85.07.060
85.07.070
85.07.090
85.07.100
85.07.110
85.07.120
85.07.130
85.07.140
85.07.150
85.07.160
85.07.170
Lease of equipment authorized—Disposition of proceeds.
Benefit to public road, how paid.
Basis of supplemental assessments.
Funding bonds—Authority to issue.
Funding bonds—Form, term, execution, interest.
Funding bonds—Outstanding warrants due when sale proceeds received—Call.
Funding bonds—Exchange for warrants.
Funding bonds—Assessments for payment—Special fund.
Funding bonds—Call—Payment.
Civil action to strike land from assessment roll—Costs.
Civil action to strike land from assessment roll—Court decree—Subsequent restoration to rolls, procedure.
Adjustment of indebtedness with state.
Disincorporation of diking and drainage district located in
county with a population of two hundred ten thousand
or more and inactive for five years.
Additional powers relating to diking and drainage works.
85.07.010 Lease of equipment authorized—
Disposition of proceeds. The commissioners of any diking
or drainage district organized under the laws of this state,
shall have power and authority to rent any machinery, tools
or equipment belonging to such district, to any individual or
corporation for hire under such conditions regarding the care
and maintenance thereof as the commissioners may determine; and all sums of money received for the rent thereof
shall be paid into the county treasury, to the credit of the
district. [1979 ex.s. c 30 § 18; 1917 c 104 § 1; RRS § 4517.
Formerly RCW 85.04.215.]
85.07.040 Benefit to public road, how paid. Whenever, upon the trial to fix and assess the benefits and
damages resulting from the construction of any diking or
drainage system under the laws of this state, the jury shall
find by its verdict that any public or county road will be
benefited from the construction of such improvement, the
clerk of the court in which such trial is had shall, upon the
entry of the judgment upon such verdict, certify to the board
of county commissioners of the county in which such road
is situated the amount of benefits to such road so found and
adjudged. The said county commissioners shall, upon the
receipt of such certified statement, allow the same as for
other road work and shall order the amount thereof to be
paid out of the road and bridge fund of the road district in
which the road so benefited is situated, and shall direct the
auditor of said county to issue a warrant for the amount of
such benefits against the road and bridge fund of such road
district in favor of the county treasurer of said county. The
said county treasurer shall, upon the payment of said
warrant, place the proceeds therefrom to the credit of the
drainage or diking district from which such benefits resulted.
[1909 c 194 § 1; RRS § 4314. Formerly RCW 85.04.085,
part.]
85.07.050 Basis of supplemental assessments. Any
additional assessments for the construction of any diking or
drainage system, and also all assessments for the maintenance of same shall be based upon the benefits so found
and adjudged, and the proportion of benefits resulting to
such public or county road therefrom, on such basis, shall be
allowed and paid for by such county in the same manner as
in the case of the original construction. [1909 c 194 § 2;
RRS § 4315. Formerly RCW 85.04.085, part and
85.04.090.]
85.07.060 Funding bonds—Authority to issue. (1)
Any board of commissioners of any diking or drainage
district may, at any time, without petition and on its own
motion, issue bonds of such district for the purpose of
funding any outstanding warrants of such district. No bonds
so issued shall be sold for less than their par value. They
may be sold at public or private sale. Any department or
agency of the state of Washington having power to invest
funds is hereby authorized and empowered to use the same
to buy such bonds.
(2) Such bonds may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 189; 1935 c 103 §
1; RRS § 4459-11. Formerly RCW 85.04.140, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
85.07.070 Funding bonds—Form, term, execution,
interest. (1) Said bonds shall be numbered consecutively
from one upwards and shall be in denominations of not less
than one hundred dollars nor more than one thousand dollars
each. They shall bear the date of issue, shall be made
payable in not more than ten years from the date of their
issue, and shall bear interest at a rate or rates as authorized
by the board of commissioners, payable annually. The
bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030. The bonds
and any coupon shall be signed by the chairman of the board
of commissioners of each district and shall be attested by the
secretary of said board. The seal, if any, of such district
shall be affixed to each bond, but it need not be affixed to
any coupon.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 190; 1970 ex.s. c 56 § 91; 1969
ex.s. c 232 § 53; 1935 c 103 § 2; RRS § 4459-12. Formerly
RCW 85.04.145.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
85.07.090 Funding bonds—Outstanding warrants
due when sale proceeds received—Call. All outstanding
warrants of such district so sought to be redeemed shall
become due and payable immediately upon receipt by the
county treasurer of the money from the sale of said bonds;
and upon a call of such outstanding warrants or obligations
issued by him, the same shall cease to draw interest at the
end of thirty days after the date of the first publication of
Counties to contribute for benefit to road: RCW 85.24.240.
[Title 85 RCW—page 28]
(2002 Ed.)
Miscellaneous Diking and Drainage Provisions
such call. The call shall be made by the treasurer by
publishing notice thereof for two consecutive weeks in the
county paper authorized to do the county printing. The
notice shall designate the number of each warrant sought to
be redeemed. [1935 c 103 § 4; RRS § 4459-14. Formerly
RCW 85.04.175.]
85.07.100 Funding bonds—Exchange for warrants.
Said bonds may be exchanged at not less than their par value
for an equal amount of the outstanding warrants of the
district issuing such bonds. [1935 c 103 § 5; RRS § 445915. Formerly RCW 85.04.140, part.]
85.07.110 Funding bonds—Assessments for payment—Special fund. It shall be the duty of the commissioners of such district annually to levy assessments sufficient to pay interest on such bonds as they fall due. They
may at any time levy such additional assessment as they
deem best to redeem and retire such bonds. Commencing
not less than five years before the due date of such bonds,
they shall determine the number of equal annual levies
necessary to retire such bonds at maturity, and annually
thereafter levy an assessment sufficient to liquidate all of
said bonds by maturity. Such levies for interest and redemption of the bonds shall be added to the annual cost of the
maintenance of the diking or drainage system of said district.
Such assessments shall be collected by the county treasurer
and kept as a special fund for the sole purpose of paying
interest upon and liquidating said bonds. [1983 c 167 § 192;
1935 c 103 § 6; RRS § 4459-16. Formerly RCW 85.04.160,
part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
85.07.120 Funding bonds—Call—Payment. It shall
be the duty of the county treasurer of each county in which
there may be a district issuing bonds under the provisions of
RCW 85.07.060 through 85.07.120, whenever he has on
hand one thousand dollars over and above interest requirements in the special fund for the payment of said bonds and
interest, to advertise in the newspaper doing the county
printing, for the presentation to him for payment of as many
of the bonds issued under the provisions of RCW 85.07.060
through 85.07.120 as he may be able to pay with the funds
in his hands. The bonds shall be redeemed and paid in their
numerical order, beginning with bond No. 1 and continuing
until all of said bonds are paid. The treasurer’s call for
presentation and redemption of such bonds shall state the
number of the bond or bonds so called. Thirty days after the
first publication of said notice of the treasurer calling any of
said bonds by their numbers, such bonds shall cease to bear
interest, and the notice of call shall so state. If any bond so
called is not presented, the treasurer shall hold in said fund
until presentation of such bond is made, the amount of
money sufficient to redeem the same with interest thereon to
the date interest was terminated by such call. [1935 c 103
§ 7; RRS § 4459-17. Formerly RCW 85.04.150.]
85.07.130 Civil action to strike land from assessment roll—Costs. Whenever any piece of land in any
diking or drainage district in this state shall cease to be
(2002 Ed.)
85.07.090
susceptible to benefit from the diking and/or drainage
improvement of such district, the owner thereof may bring
civil action in the superior court of the county wherein such
property is situated, against the board of commissioners of
such district in their official capacity, to have such property
stricken from the assessment roll for such district. The
procedure shall be that of other civil actions, except no
judgment for costs shall be entered against such district in
such proceedings. [1935 c 102 § 1; RRS § 4360-1. Formerly RCW 85.04.180.]
85.07.140 Civil action to strike land from assessment roll—Court decree—Subsequent restoration to
rolls, procedure. If the court is satisfied that the status of
said property has changed so that it is no longer susceptible
to benefit from the improvement of such district and should
be removed from the assessment roll thereof, and it be
established that all benefits assessed against said lands up to
the date of trial have been paid, such court may enter a
decree striking such land from the assessment roll of said
district, and it shall not be subject to future assessment for
benefits or maintenance by such district, unless, thereafter,
it is again brought into such districts by the proceedings
provided by law to extend the district or include benefited
property which is not assessed. Nothing herein shall prevent
such property from being again brought into said district in
the manner provided by law generally for the inclusion of
benefited property, if it appear at a future date that said
property will receive benefits from the improvement in such
district. Upon entry of such decree of the court a certified
copy thereof shall be filed in the office of the auditor of
such county wherein the property is situated, and upon
receipt thereof, he shall correct the assessment roll of said
district accordingly and strike the property therefrom. [1935
c 102 § 2; RRS § 4360-2. Formerly RCW 85.04.185.]
85.07.150 Adjustment of indebtedness with state.
See chapter 87.64 RCW.
85.07.160 Disincorporation of diking and drainage
district located in county with a population of two
hundred ten thousand or more and inactive for five
years. See chapter 57.90 RCW.
85.07.170 Additional powers relating to diking and
drainage works. The commissioners of any drainage or
diking district shall have power, on behalf of the district, to
acquire, place, repair and maintain, dikes and dams, ditches,
drains and outlets therefor, together with right of way
therefor and access thereto, or obtain rights therein or full or
joint use and maintenance thereof, when deemed by them
necessary or beneficial for the protection of the district’s
system or its improvements, by eminent domain, purchase,
or contract, with the owners or other districts through their
commissioners, or other entities or persons together with
power to contract by and with other districts or entities with
reference to such matters and their performance.
The provisions of this section shall be construed as
cumulative and shall not derogate from any other powers
authorized by law for such districts. [1963 c 96 § 1.]
[Title 85 RCW—page 29]
Chapter 85.08
Title 85 RCW: Diking and Drainage
Chapter 85.08
DIKING, DRAINAGE, AND SEWERAGE
IMPROVEMENT DISTRICTS
Sections
85.08.010
85.08.015
85.08.025
85.08.190
85.08.200
85.08.210
85.08.220
85.08.230
85.08.285
85.08.300
85.08.305
85.08.310
85.08.320
85.08.340
85.08.360
85.08.370
85.08.375
85.08.380
85.08.385
85.08.390
85.08.400
85.08.410
85.08.420
85.08.430
85.08.440
85.08.450
85.08.460
85.08.470
85.08.480
85.08.490
85.08.500
85.08.510
85.08.520
85.08.530
85.08.540
85.08.560
85.08.565
85.08.570
85.08.630
85.08.640
85.08.650
85.08.660
85.08.670
85.08.680
85.08.690
85.08.820
85.08.830
85.08.840
85.08.850
85.08.860
85.08.870
Definitions.
Certain powers and rights governed by chapter 85.38 RCW.
Voting rights.
Eminent domain—Consolidation of actions.
Verdict to fix damages and benefits—Judgment.
Warrant for damages.
Construction to be directed, when.
Levy for preliminary expenses—Collection—"Preliminary
expenses" defined.
Special assessment bonds.
Supervisors—Election—Duties.
Supervisors—Terms of office—County engineer to act as
supervisor.
Construction of improvements—Contracts with United
States.
Costs paid by voucher, payroll, or warrant—Temporary
warrants—Priority—Compensation and expenses of
officers and employees.
Crossing roads or public utilities—Procedure—Costs.
Total costs—Apportionment—Board of appraisers.
Benefits to public roads, sewer systems—Apportionment of
cost against city, county and state.
Benefits to state lands—Apportionment of costs.
Benefits to and protection from irrigation system.
Drainage ditches along highway, etc.
Schedule of property and benefits—Filing.
Hearing on schedule—Notice—Levy of assessment—State
lands.
Schedule approved or modified—Maintenance assessment.
Assessment roll—Form—Notice—Publication.
Payment of assessments—Interest—Lien.
Appeal from apportionment—Procedure—Appellate review.
Regularity and validity of proceedings conclusive.
District liable on judgments—Supplemental levy.
District funds.
Collection of assessments—Certificates of delinquency—
Foreclosure.
Title acquired at sale—Foreclosure for general taxes—Lien
of assessments preserved.
Resale or lease by county—Disposition of proceeds—Tax
statements.
Invalid levy—Reassessment.
Supplemental assessments.
Levies against county, city or town, how paid.
Abandonment or change in system—Subdistricts.
Extension of existing system—Apportionment of cost.
Special assessments—Budgets—Alternative methods.
Districts in two or more counties—Notice—Hearings.
Waters developed—Defined—Disposal of.
Waters developed—Contracts for use and sale.
Waters developed—Application for use.
Waters developed—Notice of hearing—Form of application—Bond.
Prosecuting attorney—Duties.
Rules and regulations.
Penalty for injury to or interference with improvement.
Drainage bonds owned by state—Cancellation of interest
and assessments—Levy omitted.
Merger of improvement district with irrigation district—
Authorized.
Merger of improvement district with irrigation district—
Jurisdiction to hear, supervise and conduct proceedings—Clerk, notice, records.
Merger of improvement district with irrigation district—
Petition—Signing—Presentation.
Merger of improvement district with irrigation district—
Assent by irrigation district—Election, order, notice.
Merger of improvement district with irrigation district—
Notice, contents—Election, ballots.
[Title 85 RCW—page 30]
85.08.880
Merger of improvement district with irrigation district—
Proceedings and costs on approval or disapproval.
85.08.890 Merger of improvement district with irrigation district—
Prior indebtedness.
85.08.895 Annexation of territory—Consolidation of special districts—
Suspension of operations—Reactivation.
85.08.900 Alternative methods of formation of improvement districts.
85.08.905 Sewerage improvement districts—Powers.
85.08.910 Sewerage improvement districts located in counties with
populations of from forty thousand to less than seventy
thousand become water-sewer districts.
85.08.920 Sewerage improvement districts operating as sewer districts
become water-sewer districts—Procedure.
Reviser’s note: Chapter 85.08 RCW is almost entirely composed of
chapter 176, Laws of 1913, the basic drainage improvement district act, as
it has been amended and added to by subsequent legislation. Chapter 130,
Laws of 1917 and chapter 157, Laws of 1921 are primarily express
amendments to such basic act, however, also contained in such acts were
several sections not expressly amendatory of the basic act but which are in
pari materia therewith; therefore, such other sections are also codified in this
chapter. Further, RCW 85.08.820 contains an independent session law
which is in pari materia and so closely connected with the subject matter of
this chapter that it has been codified herein. Thus, throughout chapter 85.08
RCW the term "this act" has been translated to read "this chapter" unless
because of peculiar circumstances other treatment is required in which case
it is specially noted.
Repeal and saving (1913 c 176 § 39): "Sec. 39. Chapter LXVI of
the Laws of 1901 is hereby repealed, saving and excepting, however, that
the provisions of said act shall continue in force and effect and shall be
applicable to and shall govern all proceedings, rights and powers, in the
case of ditches already contracted for, or under construction under said act,
and in the case of the maintenance of the same for the current year 1913;
and the method of supervision, construction, payment for the work,
apportionment of costs, and assessment and collection thereof, delinquency
and foreclosing thereof and penalties therefor, and all other proceedings in
regard to the same, shall be as in said chapter LXVI of Laws of 1901
prescribed: PROVIDED, HOWEVER, That with the consent of the holders
of warrants heretofore issued or hereafter issued for work already begun or
contracted for under said act, or with the consent of the contractor engaged
in constructing any ditch or drainage system under said act, the provisions
of this act in regard to the funding of such warrants with bonds, or the
payment for work with bonds and the issuance and sale thereof, and all
provisions in regard to such issuing of bonds, shall be applicable to such
outstanding warrants or work already begun or contracts let for work. And
in such event and to the extent of the costs so acquiesced in by warrant
holders or contractors, all the provisions of this act in regard to the method
of payment, form, issuing and sale, of bonds and warrants, extension of the
assessment over a term of years, collecting, delinquency, interest and
foreclosure of the assessments, and all other proceedings in regard thereto
shall be as in this act provided. In such event the county commissioners
shall prescribe the method and time of payment of the assessments and
whether bonds shall be issued and perform any other proper act in regard
to the same, at a special meeting called for that purpose, or at the hearing
on the apportionment of costs provided for in section 30 hereof.
PROVIDED, ALSO, That in case any of the provisions of this act
shall be applied to any proceedings in regard to any ditch begun under said
chapter LXVI of the Laws of 1901 and the same shall be held not to be
legally applicable thereto by a court of competent jurisdiction, then
appropriate and proper proceedings for the performance of said acts or
duties shall be had and done in regard thereto, as in said chapter LXVI of
the Laws of 1901 provided. And from the time any such drainage district
organized and existing under the provisions of said chapter LXVI of the
Laws of 1901, shall be brought under the provisions of this act, said district
shall be known and designated in all proceedings and records relating
thereto, as Drainage Improvement District No. . . . . of . . . . . . County,
retaining its original serial number.
Nothing in this act contained shall be construed as in anywise
modifying or repealing any of the provisions of chapter CXV of the Laws
of 1895, or the acts amendatory thereof or supplemental thereto, or affecting
any proceeding heretofore or that may hereafter be had under the provisions
of said act."
Applicability of prior laws (1913 c 176 § 40): "Sec. 40. Except as
specified in the foregoing section, all of the provisions of this act, instead
of said chapter LXVI of the Laws of 1901, shall be applicable to and shall
govern and be the law in all respects, in regard to all ditches and drainage
(2002 Ed.)
Diking, Drainage, and Sewerage Improvement Districts
systems now existing, initiated or applied for under said chapter LXVI of
the Laws of 1901, and all powers hereby vested in or granted to all boards
and officers under this act shall be vested in such boards and officers that
shall hereafter have charge of the work, or administering of the affairs of
such ditches and drainage systems, and the districts in which they lie."
Severability (1913 c 176 § 41): "Sec. 41. An adjudication that any
section, paragraph, or portion of this act, or any provision thereof, or
proceeding provided for therein, is unconstitutional or invalid shall not
affect or determine the constitutionality, or validity, of this act as a whole
or of any other portion or provisions thereof, and all provisions of this act
not adjudicated to be unconstitutional shall be and remain in full force and
effect and shall be operative until specifically adjudicated to be unconstitutional or invalid."
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review boards: Chapter 36.93 RCW.
Special district creation and operation: Chapter 85.38 RCW.
85.08.010 Definitions. "System", "improvement", and
"system of improvement", as used in this chapter, shall be
held to include a dike, ditch, drain or watercourse, or sewer,
and any side, lateral, spur or branch dike, ditch, drain or
watercourse, or sewer, or other structure, necessary to secure
the object of the improvement. Any number of dikes,
ditches, drains or watercourses, or sewers, with their laterals,
spurs, and branches with separate outlets, or in the case of
sewers with one or more septic tanks, may constitute one
system for the protection or reclamation of the land included
in any district. But no system shall be established or
constructed unless sufficient outlet or outlets, or in the case
of sewers, sufficient septic tank or tanks, are provided for
any drainage or sewerage of such district. Such outlet or
outlets, or septic tank or tanks, may be either within or
without the boundaries of the improvement district hereinafter provided for. Any natural watercourse may be improved
in accordance with the provisions of this chapter.
"Damages", as used in this chapter, shall be held to
include the value of the property taken and injury to property
not taken, or either, as the case may be. "Property benefited" and "property damaged", as used in this chapter, shall
be held to include land, platted or unplatted, whether subject
to or exempt from general taxation, and roads other than
public roads. "Public roads", as used in this chapter, shall
be held to include state and county roads, streets, alleys and
other public places; and "other roads", as used in this chapter
shall be held to include railroads, street railroads, interurban
railroads, logging roads, tramways and private roads and the
right-of-way, roadbeds and tracks thereof.
"Public utilities", as used in this chapter, shall be held
to include irrigation, power and other canals, flumes,
conduits and ditches, telegraph, telephone and electric
transmission and pole lines, and oil, gas and other pipe lines.
"County engineer", as used in this chapter, shall be held to
include any engineer specially employed by the board of
county commissioners or the board of supervisors to report
upon and prepare plans for or to superintend the construction
of a system or the maintenance thereof under the provisions
of this chapter. "Prosecuting attorney", as used in this
chapter, shall be held to include any attorney specially
employed by the board of county commissioners in connection with the carrying out of the provisions of this chapter to
advise or carry on proceedings in court with reference to a
system of improvement initiated and constructed under the
provisions of this chapter. [1923 c 46 § 2; 1917 c 130 § 13;
(2002 Ed.)
Chapter 85.08
1913 c 176 § 2; RRS § 4406. FORMER PART OF SECTION: 1925 ex.s. c 189 § 1, part, now codified as RCW
85.08.230.]
Reviser’s note: The term "county engineer" is defined in the last
paragraph of this section. Throughout this chapter the terms "engineer",
"district engineer" and "county engineer" appear to have been used
interchangeably in the session laws and the usage of the latest session law
language has been retained herein.
Inapplicability of prior laws (1917 c 130 § 39): "Sec. 39. Nothing
in this act contained shall be construed as in anywise modifying or repealing
any of the provisions of chapter 115 or of chapter 117 of the Laws of 1895,
or the acts amendatory thereof or supplemental thereto, or affecting any
proceedings heretofore or that may hereafter be had under the provisions of
said acts."
County road engineer: Chapter 36.80 RCW.
85.08.015 Certain powers and rights governed by
chapter 85.38 RCW. Diking, drainage, or sewerage
improvement districts shall possess the authority and shall be
created, district voting rights shall be determined, and district
elections shall be held as provided in chapter 85.38 RCW.
[1985 c 396 § 33.]
Severability—1985 c 396: See RCW 85.38.900.
85.08.025 Voting rights. Each qualified voter of a
diking improvement or drainage improvement district who
owns more than ten acres of land within the district shall be
entitled to two additional votes for each ten acres or major
fraction thereof located within the district, up to a maximum
total of forty votes for any voter, or in the case of community property, a maximum total of twenty votes per member of
the marital community: PROVIDED, That this additional
voting provision shall only apply in districts that were not in
operation and did not have improvements as of May 14,
1925. [1991 c 349 § 3; 1985 c 396 § 21. Formerly RCW
85.05.015.]
Severability—1985 c 396: See RCW 85.38.900.
85.08.190 Eminent domain—Consolidation of
actions. For the purpose of taking or damaging property for
the purposes of this chapter, counties shall have and exercise
the power of eminent domain in behalf of the proposed
improvement district, and the mode of procedure therefor
shall be as provided by law for the condemnation of lands
by counties for public highways: PROVIDED, That the
county, at its option, pursuant to resolution to that end duly
passed by the board of county commissioners, may unite in
a single action, proceedings for the acquisition and condemnation of different tracts of land required for rights of way
which are held by separate owners. The court may, on
motion of any party, consolidate into a single action separate
suits for the condemnation of different tracts of land held by
separate owners whenever from motives of economy or the
expediting of business it appears advisable to do so. In such
cases the jury shall render separate verdicts for the different
tracts of land. [1917 c 130 § 21; 1913 c 176 § 13; RRS §
4418.]
85.08.200 Verdict to fix damages and benefits—
Judgment. The jury in such condemnation proceedings
shall find and return a verdict for the amount of damages
sustained: PROVIDED, That the jury, in determining the
[Title 85 RCW—page 31]
85.08.200
Title 85 RCW: Diking and Drainage
amount of damages, shall take into consideration the benefits, if any, that will accrue to the property damaged by
reason of the proposed improvement, and shall make special
findings in the verdict of the gross amount of damages to be
sustained and the gross amount of benefits that will accrue.
If it shall appear by the verdict of the jury that the gross
damages exceed the gross benefits, judgment shall be entered
against the county, and in favor of the owner or owners of
the property damaged, in the amount of the excess of
damages over the benefits, and for the costs of the proceedings, and upon payment of the judgment into the registry of
the court for the owner or owners, a decree of appropriation
shall be entered, vesting the title to the property appropriated
in the county for the benefit of the improvement district. If
it shall appear by the verdict that the gross benefits as found
by the jury equal or exceed the gross damages, judgment
shall be entered against the county and in favor of the owner
or owners for the costs only, and upon payment of the
judgment for costs a decree of appropriation shall be entered,
vesting the title to the property appropriated in the county
for the benefit of the improvement district. The verdict and
findings of the jury as to damages and benefits shall be
binding upon the board appointed to apportion the cost of
the improvement upon the property benefited as hereinafter
provided. [1913 c 176 § 14; RRS § 4419.]
85.08.210 Warrant for damages. Upon the entry of
judgment as provided in RCW 85.08.200, the county auditor
shall, under the direction of the county legislative authority,
draw a warrant upon the county treasurer for the payment of
the amount of damages agreed to or the amount of the
judgment, as the case may be, to be paid out of the current
expense fund of the county. [1986 c 278 § 31; 1913 c 176
§ 15; RRS § 4420.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.08.220 Construction to be directed, when. When
the board of county commissioners shall have finally
determined and fixed the route and plans for the proposed
system of improvement and the boundaries of the improvement district, and when it shall appear that the damages for
property to be taken or damaged have been settled in the
manner hereinabove provided, or when it shall appear that
such damages have been settled as to a particular portion of
the proposed improvement, and that construction of such
portion of such proposed improvement is feasible, thereupon
such system of improvement or such portion thereof, as the
case may be, shall be constructed in the manner hereinafter
provided. [1917 c 130 § 22; 1913 c 176 § 16; RRS § 4421.]
85.08.230 Levy for preliminary expenses—
Collection—"Preliminary expenses" defined. Whenever
the board of county commissioners has passed a resolution
establishing a district, the county commissioners may at their
meeting on the first Monday in October next ensuing and at
the same time in each year thereafter until the improvement
has been completed and a statement of total costs has been
filed, levy an assessment against the property within the
district to defray the preliminary expenses of the district, the
levy to be based upon the estimated benefits as shown by the
report of the county engineer on file in the auditor’s office.
[Title 85 RCW—page 32]
The assessment so made shall be considered and credited to
the respective pieces of property by the board of appraisers
and by the county commissioners at the hearing on the
assessment roll and the final apportionment. The preliminary assessments herein provided for shall be levied and
collected in the same manner as the final assessment and
shall be credited to the construction fund and used for the
redemption of warrants issued against the same. Preliminary
expenses shall mean all of the expenses incurred in the
proceedings for the organization of the district and in other
ways prior to the beginning of the actual construction of the
improvement. [1925 ex.s. c 189 § 1; RRS § 4421-1.
Formerly RCW 85.08.010, part and 85.08.230.]
85.08.285 Special assessment bonds. Special
assessment bonds and notes shall be issued and sold in
accordance with chapter 85.38 RCW. [1986 c 278 § 25.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.08.300 Supervisors—Election—Duties. The board
of supervisors of the district shall consist of three elected
supervisors. The initial supervisors shall be appointed, and
the first elected supervisor elected, as provided in chapter
85.38 RCW. The board of supervisors shall have charge of
the construction and maintenance of the systems of improvements, subject to the limitations hereinafter set forth,
and may employ a superintendent of construction and
maintenance who may be one of the two elected supervisors.
The supervisors may be employed upon the construction or
maintenance, receiving the same compensation as other labor
of like character.
When a district contains not more than five hundred
acres, or when a petition is presented to the county legislative authority signed by the owners of fifty percent of the
acreage of the district praying for such action, the county
engineer shall act as the sole supervisor of the district; and
in such case the allowance of all claims against the district
shall be by the county legislative authority. [1985 c 396 §
45; 1965 c 120 § 1; 1955 c 338 § 1; 1921 c 157 § 4; 1917
c 130 § 26; 1913 c 176 § 20; RRS § 4425.]
Severability—1985 c 396: See RCW 85.38.900.
85.08.305 Supervisors—Terms of office—County
engineer to act as supervisor. The county engineer shall
continue to act as a supervisor of a diking, drainage, or sewerage improvement district that is governed by a threemember board of supervisors until a replacement assumes
office after being elected at the 1987 special district general
election. At that election two supervisors shall be elected,
with the person receiving the greatest number of votes being
elected to a six-year term, and the person receiving the
second greatest number of votes being elected to a four-year
term. Thereafter, all supervisors shall be elected to six-year
terms. [1985 c 396 § 23.]
Severability—1985 c 396: See RCW 85.38.900.
85.08.310 Construction of improvements—
Contracts with United States. The said board of supervisors shall, immediately upon their election and qualification,
begin the construction of such system of improvement and
shall proceed with the construction thereof in accordance
(2002 Ed.)
Diking, Drainage, and Sewerage Improvement Districts
with the plans adopted therefor. In the construction of any
system of drainage, construction shall be begun at the outlet
or outlets thereof and at such other points as may be deemed
advisable from time to time. In the construction of any
system of improvement the board of supervisors with the
approval of the board of county commissioners may modify,
curtail, enlarge or add to the original plans wherever the
same may be found necessary or advisable in the course of
actual construction. But such changes shall not in the aggregate increase the estimated cost of the entire system by
more than one-fifth, and all additional or different rights of
way required shall be obtained as hereinbefore prescribed.
The board of county commissioners may in its discretion let
the construction of said system or any portion thereof by
contract, in the manner provided for letting contracts for the
construction of county roads and bridges. The board of
county commissioners may, upon such terms as may be
agreed upon by the United States acting in pursuance of the
National Reclamation Act approved June 17, 1902 (32
Statutes at Large 388), and the acts amendatory thereof and
supplemental thereto, or in pursuance to any other act of
congress appropriate to the purpose, contract for the construction of the system of improvement or any part thereof,
by the United States, or in cooperation with the United
States therein. In such case, no bond shall be required, and
the work shall be done under the supervision and control of
the proper officers of the United States.
Unless the work of construction is let by contract as
hereinbefore provided, or for such part of such work as is
not covered by contract, the board of supervisors shall
employ such number of men as shall be necessary to
successfully carry on the work of such construction, and
shall give preference in such employment to persons owning
land to be benefited by the improvement.
The provisions of this section shall not be construed as
denying to the supervisors, in case the construction work is
left in their hands, the power to enter into an agreement with
any contractor to furnish labor, material, equipment and
skilled supervision, the contractor to be compensated upon
the basis of a specific sum, or upon a percentage of the cost
of the work, the services of the contractor to cover the use
of equipment and the value of skilled supervision: PROVIDED, HOWEVER, That there is retained in the said board
by the contract the right of termination thereof at any time,
on reasonable notice, and fixing in the said contract, or
reserving in said board, the right to fix the rates of wages to
be paid to the men employed in said work. The board of
supervisors may also let contracts in such manner and on
such notice as they deem advisable for items of construction
not exceeding one thousand dollars in amount of expenditures. [1921 c 157 § 5; 1917 c 130 § 27; 1913 c 176 § 22;
RRS § 4427.]
85.08.320 Costs paid by voucher, payroll, or
warrant—Temporary warrants—Priority—Compensation
and expenses of officers and employees. The compensation of the superintendent of construction, the board of
appraisers hereinafter provided for, and any special engineer,
attorney or agent employed by the district in connection with
the improvement, the maximum wages to be paid, and the
maximum price of materials to be used, shall be fixed by the
(2002 Ed.)
85.08.310
district board of supervisors. Members of the board of
supervisors may receive compensation up to seventy dollars
for attending each official meeting of the district and for
each day or major part thereof for all necessary services
actually performed in connection with their duties as
supervisors: PROVIDED, That such compensation shall not
exceed six thousand seven hundred twenty dollars in one calendar year. Each supervisor shall be entitled to reimbursement for reasonable expenses actually incurred in connection
with business, including subsistence and lodging while away
from the supervisor’s place of residence and mileage for use
of a privately owned vehicle in accordance with chapter
42.24 RCW. All costs of construction or maintenance done
under the direction of the board of supervisors shall be paid
upon vouchers or payrolls verified by two of the said supervisors. All costs of construction and all other expenses, fees
and charges on account of such improvement shall be paid
by warrants drawn by the county auditor upon the county
treasurer upon the proper fund, and shall draw interest at a
rate determined by the county legislative authority until paid
or called by the county treasurer as warrants of the county
are called.
Any supervisor may waive all or any portion of his or
her compensation payable under this section as to any month
or months during his or her term of office, by a written
waiver filed with the secretary as provided in this section.
The waiver, to be effective, must be filed any time after the
supervisor’s election and prior to the date on which the
compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
[1998 c 121 § 10; 1991 c 349 § 22; 1986 c 278 § 32; 1985
c 396 § 46; 1981 c 156 § 23; 1917 c 130 § 28; 1913 c 176
§ 23; RRS § 4428. Formerly RCW 85.08.320 and
85.08.330.]
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1985 c 396: See RCW 85.38.900.
85.08.340 Crossing roads or public utilities—
Procedure—Costs. Whenever in the progress of the
construction of the system of improvement it shall become
necessary to construct a portion of such system across any
public or other road or public utility, the board of supervisors, or in case the work is being done by contract the board
of county commissioners, shall serve notice in writing upon
the public officers, corporation or person having charge of,
or controlling or owning such road or public utility, as the
case may be, of the present necessity of such crossing,
giving the location, kind, dimensions and requirement
thereof, for the purpose of the system of improvement, and
stating a reasonable time, to be fixed by the county engineer,
within which plans for such crossing must be filed for
approval in case the public officers, corporation or person
controlling or owning such road or public utility desire to
construct such crossing. As soon as convenient, within the
time fixed in the notice, the public officers, corporation or
person shall, if they desire to construct such crossing,
prepare and submit to the county engineer for approval
duplicate detailed plans and specifications for such crossing.
Upon submission of such plans, the county engineer shall
examine and may modify the same to meet the requirements
of the system of improvement, and when such plans or
[Title 85 RCW—page 33]
85.08.340
Title 85 RCW: Diking and Drainage
modified plans are satisfactory to the county engineer he
shall approve the same and return one thereof to the public
officers, corporation or person submitting the same, and file
the duplicate in his office, and shall notify such public
officers, corporation or person of the time within which said
crossing must be constructed. Upon the return of such
approved plans, the public officers, corporation or person
controlling such road or public utility shall, within the time
fixed by the county engineer, construct such crossing in
accordance with the approved plans, and shall thereafter
maintain the same. In case such public officers, corporation
or person controlling or owning such road or public utility
shall fail to file plans for such crossing within the time
prescribed in the notice, the board of supervisors or of
county commissioners, as the case may be, shall proceed
with the construction of such crossing in such manner as will
cause no unnecessary injury to or interference with such road
or public utility. The cost of construction and maintenance
of only such crossings or such portion of such cost as would
not have been necessary but for the construction of the
system of improvement shall be a proper charge against the
improvement district, and only so much of such cost as the
board of county commissioners shall deem reasonable shall
be allowed as a charge against the district in the case of
crossings constructed by others than the district. The
amount of costs of construction allowed as a charge against
the district by the board of county commissioners shall be
credited on the assessments against the property on which
the crossing is constructed, and any excess over such
assessment shall be paid out of the funds of the district.
[1917 c 130 § 29; 1913 c 176 § 24; RRS § 4429. Formerly
RCW 85.08.340 and 85.08.350.]
85.08.360 Total costs—Apportionment—Board of
appraisers. When the improvement is fully completed and
accepted by the county engineer, the clerk of the board shall
compile and file with the board of county commissioners an
itemized statement of the total cost of construction, including
engineering and election expenses, the cost of publishing and
posting notices, damages and costs allowed or awarded for
property taken or damaged, including compensation of
attorneys, including the costs of crossings constructed by the
district and the cost of crossings constructed by others and
allowed by the board of county commissioners, and including the sum paid or to be paid to the United States, and the
discount, if any, on the bonds and warrants sold and including all other costs and expenses, including fees, per diem
and necessary expenses of nonsalaried officers incurred in
connection with the improvement, together with interest on
such costs and expenses from the time when incurred at the
rate of interest borne by the warrants issued for the cost of
construction. There shall also be included in said statement,
in case the county engineer is a salaried officer, a statement
of the services performed by him in connection with said
improvement at a per diem of five dollars per day and his
necessary expenses, and a reasonable sum to be fixed by the
board of county commissioners on account of the services
rendered by the prosecuting attorney. Upon the filing of
such statement of costs and expenses the board of county
commissioners shall revise and correct the same if necessary
and add thereto a reasonable sum which shall be not less
[Title 85 RCW—page 34]
than five percent nor more than ten percent of the total
thereof in drainage improvement districts, and not less than
ten percent nor more than fifteen percent of the total thereof
in diking improvement districts, to cover possible errors in
the statement or the apportionment hereinafter provided for,
and the cost of such apportionment and other subsequent
expenses, and interest on the costs of construction from the
date of the statement until fifty days after the filing of the
assessment roll with the treasurer; and unless the same have
been previously appointed, shall appoint a board of appraisers consisting of the county engineer and two other competent persons, to apportion the grand total as contained in said
statement as hereinafter provided. Each member of said
board of appraisers shall take, subscribe and file with the
board of county commissioners an oath to faithfully and
impartially perform his duties to the best of his ability in
making said apportionment, and said board of appraisers
shall proceed to carefully examine the system and the public
and private property within the district and fairly, justly and
equitably apportion the grand total cost of the improvement
against the property and the county or counties, cities and
towns within the district, in proportion to the benefits
accruing thereto. [1917 c 130 § 30; 1913 c 176 § 25; RRS
§ 4430.]
85.08.370 Benefits to public roads, sewer systems—
Apportionment of cost against city, county and state.
Whenever any system of improvement constructed under the
provisions of this chapter will drain, protect or otherwise
improve the whole or any part of any public road, roadbed
or track thereof, or where any such system of improvement
will furnish an outlet for or facilitate the construction or
maintenance of any sewer system in any city or town, there
shall be apportioned against the state, in the case of state
primary and secondary highways, and against the county in
which any other such state or county road outside of any
incorporated city or town is located, or against the city or
town in which any such public road is located, or against
any such other road or part thereof so drained, protected or
otherwise improved, or against the city or town for which an
outlet for sewage will be furnished or wherein the construction or maintenance of a sewer system will be facilitated, the
proper amount of the total sum to be apportioned. The
board of county commissioners may pay such portion as they
deem proper of the amount assessed against the county on
account of the drainage, protection or improvement of the
roads, out of the funds of the road district in which such
drainage, protection or improvement is made. The amount
assessed against the state shall be paid out of the appropriate
fund of the state. [1923 c 46 § 8; 1917 c 130 § 31; 1913 c
176 § 26; RRS § 4431. FORMER PART OF SECTION:
1913 c 176 § 28 now codified as RCW 85.08.375.]
85.08.375 Benefits to state lands—Apportionment
of costs. There shall be apportioned against all state school,
granted, and other lands, in the district the proper amount of
the total sum to be apportioned in proportion to the benefits
accruing thereto. [1913 c 176 § 28; RRS § 4433. Formerly
RCW 85.08.370, part.]
(2002 Ed.)
Diking, Drainage, and Sewerage Improvement Districts
85.08.380 Benefits to and protection from irrigation
system. In the plans for and in the construction of a
drainage system in an irrigated region, under the provisions
of this chapter, provision may be made for the prevention of,
or affording an outlet for drains to prevent, injury to land
from seepage of or saturation by irrigation water, and for the
carrying off of necessary waste water from irrigation, and
benefits resulting from such provision shall be considered in
making the apportionment of the cost of such system. [1913
c 176 § 27; RRS § 4432. FORMER PART OF SECTION:
1921 c 160 § 3 now codified as RCW 85.08.385.]
85.08.385 Drainage ditches along highway, etc.
Drainage ditches of any drainage improvement district
heretofore or hereafter created may be constructed and
maintained along any public highway, street, alley or road
within the limits of any drainage district. [1921 c 160 § 3;
RRS § 4409. Formerly RCW 85.08.380, part.]
85.08.390 Schedule of property and benefits—
Filing. Upon the completion of the apportionment the board
of appraisers shall prepare upon suitable blanks, to be prescribed by the *bureau of inspection and supervision of
public offices, sign and file with the clerk of the board of
county commissioners a schedule giving the name of each
county, city and town and the description of each piece of
property found to be benefited by the improvement in the
following order: First, counties, cities and towns and the
respective amounts apportioned thereto for benefits accruing
to public roads and sewer systems therein; second, other
roads (1) railroads, (2) street railroads, (3) interurban railroads, (4) logging roads, and (5) tramways, giving the
location of the particular portion or portions of each road
benefited and the respective amounts apportioned thereto;
third, unplatted lands giving a description of each tract
arranged in the numerical order of the townships, ranges and
sections, and giving the legal subdivisions and such other
subdivisions and metes and bounds descriptions as may be
necessary to show a different rate of apportionment, or different ownership, and giving the respective amounts apportioned to each tract; fourth, platted lands arranged by cities
and towns and platted acreage in alphabetical order, giving
under each the names of the plats in alphabetical order and
the numbers of blocks and lots, and such other subdivisions
and metes and bounds descriptions as may be necessary to
show a different rate of apportionment, or different ownership, and giving the respective amounts apportioned to each
plat, block, lot, or other description, as the case may be.
[1913 c 176 § 29; RRS § 4434.]
*Reviser’s note: The "bureau of inspection and supervision of public
offices" referred to herein has been abolished and its powers and duties
transferred and devolved upon the state auditor through the division of
municipal corporations by a chain of statutes as follows: 1921 c 7 §§ 55,
135; 1925 c 18 § 11; and 1927 c 280 § 11. The division of municipal
corporations was repealed by 1995 c 301 § 79.
85.08.400 Hearing on schedule—Notice—Levy of
assessment—State lands. Upon the filing of the schedule
of apportionment, the county legislative authority shall fix
the time and place for a hearing thereon, which time shall be
not more than sixty days from the date of the filing of the
schedule. Notice of the hearing shall be given in the manner
(2002 Ed.)
85.08.380
provided for giving notice of a hearing in *RCW 85.08.150.
The notice shall fix the time and place of the hearing on the
roll, and shall state that the schedule of apportionment showing the amount of the cost of the improvement apportioned
to each county, city, town, and piece of property benefited
by the improvement is on file in the office of the county
legislative authority and is open to public inspection, and
shall notify all persons who may desire to object thereto that
they may make their objections in writing and file them with
the clerk of the county legislative authority at or before the
date fixed for the hearing. The notice shall also state that at
the time and place fixed and at such other times and places
as the hearing may be continued to, the county legislative
authority will sit as a board of equalization for the purpose
of considering the schedule and at the hearing or hearings
will also consider any objections made thereto, or any part
thereof, and will correct, revise, raise, lower, change, or
modify the schedule or any part thereof, or set aside the
schedule and order that the apportionment be made de novo
as to such body shall appear just and equitable, and that at
the hearing the board will confirm the schedule as finally
approved by them and will levy an assessment against the
property described thereon for the amounts as fixed by them.
The county legislative authority shall serve by mail, at least
ten days before the hearing, upon the commissioner of public
lands of the state of Washington a like notice, in duplicate,
showing the amount of the cost of the improvements apportioned against all state, school, granted, or other lands owned
by the state of Washington in the district. The county
legislative authority shall serve a like notice upon the state
secretary of transportation showing the amount apportioned
against any state primary or secondary highways. Upon
receipt of the notice the commissioner of public lands or the
secretary of transportation, as the case may be, shall endorse
thereon a statement either that he elects to accept or that he
elects to contest the apportionment, and shall return the
notice, so endorsed, to the county legislative authority. At
or before the hearing any person interested may file with the
clerk of the county legislative authority written objections to
any item or items of the apportionment. [1984 c 7 § 377;
1923 c 46 § 9, part; 1917 c 130 § 32; 1913 c 176 § 30; RRS
§ 4435-1.]
Reviser’s note: *(1) RCW 85.08.150 was repealed by 1985 c 396 §
87. See RCW 85.38.040, 85.38.050.
(2) The powers and duties of the commissioner of public lands have
been transferred to the department of natural resources. See 1957 c 38 §§
1, 13; RCW 43.30.010, 43.30.130.
Severability—1984 c 7: See note following RCW 47.01.141.
85.08.410 Schedule approved or modified—
Maintenance assessment. At such hearing, which may be
adjourned from time to time and from place to place, until
finally completed, the board of county commissioners shall
carefully examine and consider said schedule and any
objections filed or made thereto and shall correct, revise,
raise, lower, change or modify such schedule or any part
thereof, or strike therefrom any property not benefited, or set
aside such schedule and order that such apportionment be
made de novo, as to such body shall appear equitable and
just. The board shall cause the clerk of the board to enter
on such schedule all such additions, cancellations, changes,
modifications and reapportionments, all credits for damages
[Title 85 RCW—page 35]
85.08.410
Title 85 RCW: Diking and Drainage
allowed or awarded to the owner of any piece of property
benefited, but not paid, as provided in RCW 85.08.200; also
a credit in favor of the county on any apportionment against
the county, of all sums paid on account of said improvement,
as provided in RCW 85.08.210; and all sums allowed the
county on account of services rendered by the county
engineer or prosecuting attorney, as provided in RCW
85.08.360; and all credits allowed to property owners
constructing crossings as provided in RCW 85.08.340.
When the board of county commissioners shall have finally
determined that the apportionment as filed or as changed and
modified by the board is a fair, just and equitable apportionment, and that the proper credits have been entered thereon,
the members of the board approving the same shall sign the
schedule and cause the clerk of the board to attest their
signature under his seal, and shall enter an order on the
journal approving the final apportionment and all proceedings leading thereto and in connection therewith, and shall
levy the amounts so apportioned against the property
benefited, and the determination by the board of county
commissioners in fixing and approving such apportionment
and making such levy shall be final and conclusive.
The board of county commissioners shall also at said
hearing, levy, in the manner hereinafter provided for the levy
of maintenance assessments, such assessment as they shall
deem necessary to provide funds for the maintenance of the
system of improvement until the first annual assessment for
maintenance shall fall due. [1983 c 3 § 230; 1923 c 46 § 9,
part; 1917 c 130 § 32; 1913 c 176 § 30; RRS § 4435-2.]
85.08.420 Assessment roll—Form—Notice—
Publication. Upon the approval of said roll the county
auditor shall immediately prepare a completed assessment
roll which shall contain, first, a map of the district showing
each separate description of property assessed; second, an
index of the schedule of apportionments; third, an index of
the record of the proceedings had in connection with the
improvement; fourth, a copy of the resolution of the board
of county commissioners fixing the method of payment of
assessments; fifth, the warrant of the auditor authorizing the
county treasurer to collect assessments; and sixth, the
approved schedule of apportionments of assessments; and
shall charge the county treasurer with the total amount of
assessment and turn the roll over to the treasurer, for
collection in accordance with the resolution of the board of
county commissioners fixing the method of payment of
assessments. As soon as the assessment roll has been turned
over to the treasurer for collection, he shall publish a notice
in the official newspaper of the county for once a week for
at least two consecutive weeks, that the said roll is in his
hands for collection and that any assessment thereon or any
portion of any such assessment may be paid at any time on
or before a date stated in such notice, which date shall be
thirty days after the date of the first publication, without
interest, and the treasurer shall accept such payment as in
said notice provided. Upon the expiration of such thirty-day
period the county treasurer shall certify to the county auditor
the total amount of assessments so collected by him and the
total amount of assessments remaining unpaid upon said roll.
[1923 c 46 § 9, part; 1917 c 130 § 32; 1913 c 176 § 30;
RRS § 4435-3.]
[Title 85 RCW—page 36]
85.08.430 Payment of assessments—Interest—Lien.
After the expiration of said thirty-day period, payment of
assessments in full, with interest to the next interest payment
date which is more than thirty days from the date of such
payment, may be made at any time; PROVIDED, That the
aggregate amount of such advance payments in any year,
together with the total amount of the assessments due at the
beginning of said year, shall not exceed the total amount of
the bonds which may be called in that year according to the
applicable bond redemption schedule. The treasurer shall
accept payments of assessments in advance, in the order
tendered, until the limit herein set forth has been reached.
The assessments contained in the assessment roll shall
bear interest from the expiration of the thirty-day period at
a rate determined by the county legislative authority and
interest upon the entire assessment then unpaid shall be due
and payable at the time each of said installments becomes
due and payable as a part thereof.
The assessments contained in said assessment roll shall
be liens upon the property assessed, such lien shall be of
equal rank with other liens assessed against the property for
local improvements and paramount to all other liens except
the lien of general taxes, and shall relate back to and take effect as of the date when the county legislative authority
determined to proceed with the construction of the improvement as provided in RCW 85.08.220. [1983 c 167 § 195;
1981 c 156 § 24; 1923 c 46 § 9, part; 1917 c 130 § 32; 1913
c 176 § 30; RRS § 4435-4.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
85.08.440 Appeal from apportionment—
Procedure—Appellate review. The decision of the board
of county commissioners upon any objections made within
the time and in the manner prescribed in RCW 85.08.400
through 85.08.430, may be reviewed by the superior court
upon an appeal thereto taken in the following manner. Such
appeal shall be made by filing written notice of appeal with
the clerk of such board and with the clerk of the superior
court of the county in which such drainage or diking improvement district is situated, or in case of joint drainage or
diking improvement districts with the clerk of the court of
the county in which the greater length of such drainage or
diking improvement system lies, within ten days after the
order confirming such assessment roll shall have become
effective, and such notice shall describe the property and set
forth the objections of such appellant to such assessment;
and, within ten days from the filing of such notice of appeal
with the clerk of the superior court, the appellant shall file
with the clerk of said court a transcript consisting of the
assessment roll and his objections thereto, together with the
order confirming such assessment roll, and the record of the
board of county commissioners with reference to said
assessment, which transcript, upon payment of the necessary
fees therefor, shall be furnished by such clerk of the board
of county commissioners, and by him certified to contain
full, true and correct copies of all matters and proceedings
required to be included in such transcript. Such fees shall be
the same as the fees payable to the county clerk for the
preparation and certification of transcripts on appeal to the
supreme court or the court of appeals in civil actions. At the
time of the filing of the notice of appeal with the clerk of
(2002 Ed.)
Diking, Drainage, and Sewerage Improvement Districts
the superior court, the appellant shall execute and file with
the clerk of the superior court a sufficient bond in the penal
sum of two hundred dollars, with good and sufficient surety,
to be approved by the judge of said court, conditioned to
prosecute such appeal without delay, and if unsuccessful, to
pay all costs to which the county or the drainage or diking
improvement district is put by reason of such appeal. The
court may order the appellant upon application therefor, to
execute and file such additional bond or bonds as the necessity of the case may require; within three days after such
transcript is filed in the superior court as aforesaid, the
appellant shall give written notice to the prosecuting attorney
of the county, and to the clerk of the board of county commissioners that such transcript is filed. Said notice shall
state a time (not less than three days from the service
thereof) when the appellant will call up the said cause for
hearing; and the superior court of said county shall, at said
time or at such further time as may be fixed by order of the
court, hear and determine such appeal without a jury. The
judgment of the court shall confirm, correct, modify or annul
the assessment insofar as the same affects the property of the
appellant. A certified copy of the decision of the court shall
be filed with the officer who shall have custody of the
assessment roll, and he shall modify and correct such
assessment roll in accordance with such decision. Appellate
review of the judgment of the superior court may be sought
as in other civil cases. However, the review must be sought
within fifteen days after the date of the entry of the judgment of such superior court. A certified copy of the order
of the supreme court or the court of appeals upon such
appeal shall be filed with the officer having custody of such
assessment roll, who shall thereupon modify and correct
such assessment roll in accordance with such decision.
[1988 c 202 § 77; 1971 c 81 § 162; 1921 c 157 § 1; RRS §
4436.]
Rules of court: Cf. RAP 5.2, 8.1, 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
85.08.450 Regularity and validity of proceedings
conclusive. Whenever any schedule of apportionment of
any drainage or diking improvement district shall have been
confirmed, and the assessment therefor shall have been
levied, by the board of county commissioners, as provided
by RCW 85.08.400 through 85.08.430, the regularity,
validity and correctness of the proceedings relating to such
improvement, and to the assessment therefor, including the
action of the board of county commissioners upon such
assessment roll and the confirmation thereof, shall be
conclusive in all things upon all parties, and cannot in any
manner be contested or questioned in any proceeding
whatsoever by any person not filing written objections to
such roll in the manner and within the time provided in
RCW 85.08.400 through 85.08.430, and not appealing from
the action of the board of county commissioners in confirming such assessment roll in the manner and within the time
in this chapter provided. No proceeding of any kind shall be
commenced or prosecuted for the purpose of defeating or
contesting any such assessment, or the sale of any property
to pay such assessment, or any certificate of delinquency
issued therefor, or the foreclosure of any lien issued therefor:
PROVIDED, That this section shall not be construed as
(2002 Ed.)
85.08.440
prohibiting the bringing of injunction proceedings to prevent
the sale of any real estate upon the grounds:
(1) That the property about to be sold does not appear
upon the assessment roll, or
(2) That said assessment has been paid. [1921 c 157 §
2; RRS § 4437.]
85.08.460 District liable on judgments—
Supplemental levy. Any judgment that heretofore has been
obtained or that hereafter may be obtained against a county
on account of any contract lawfully made by its officials for
or on behalf of any drainage, diking, or sewerage improvement district, or on account of the construction or maintenance of any drainage, diking, or sewerage system of a
drainage, diking, or sewerage improvement district shall be
collected and reimbursed to the county from said improvement district, and the amount of such judgment shall be
included in the construction costs of said district: PROVIDED, That if such judgment be recovered after the assessment
to pay the construction costs shall have been levied, then the
county commissioners are hereby empowered and they shall
make a supplemental levy upon the lands of the district, and
from the funds collected under such levy said reimbursements shall be made. [1923 c 46 § 10; 1921 c 157 § 3;
RRS § 4438.]
85.08.470 District funds. There shall be established
in the county treasury of any county in which any drainage
or diking or sewerage improvement is established under the
provisions of this chapter, appropriate funds as follows:
(1) The construction fund, into which shall be paid the
proceeds of all bonds or warrants sold and the proceeds of
all assessments paid prior to the sale of bonds or warrants.
In case no bonds have been issued or warrants have been
sold, the proceeds of all assessments levied to pay the cost
of construction shall be paid into such fund. All warrants
including temporary warrants, issued in payment of cost of
construction shall be paid out of such fund.
(2) A fund for the redemption of all bonds issued or
warrants sold, to be known as the redemption fund, into
which shall be paid all proceeds derived from assessments
levied to pay cost of construction which shall not have been
paid prior to the sale of bonds or warrants, in case bonds
have been issued or warrants sold, and also all moneys, if
any, remaining in the construction fund after the payment of
all warrants drawn against it as above provided. The
redemption fund shall be applied, first, to the payment of the
interest due upon all such outstanding bonds issued or
warrants sold and, second, to the payment of the principal
thereof. After the payment of the principal and interest of
all such bonds or warrants, the balance, if any, remaining in
such fund shall be applied to the payment of any warrants
outstanding, including temporary warrants, which may have
been issued in payment of cost of construction which for any
reason may remain unpaid. Any balance, if any, thereafter
remaining shall be paid into the maintenance fund.
(3) The maintenance fund, into which shall be paid the
proceeds of all assessments for maintenance, and all other
funds received by the district which are not required by the
provisions of this chapter to be paid into the construction
[Title 85 RCW—page 37]
85.08.470
Title 85 RCW: Diking and Drainage
fund or the redemption fund. [1923 c 46 § 11, part; 1917 c
130 § 33; 1913 c 176 § 31; RRS § 4439-1.]
85.08.480 Collection of assessments—Certificates of
delinquency—Foreclosure. The respective installments of
assessments for construction or maintenance of improvements made under the provisions of this chapter, shall be
collected in the same manner and shall become delinquent at
the same time as general taxes, certificates of delinquency
shall be issued, and the lien of the assessment shall be
enforced by foreclosure and sale of the property assessed, as
in the case of general taxes, all according to the laws in
force on January 1, 1923, except as hereinafter specifically
provided.
The annual assessments or installments of assessments,
both for construction and for maintenance and repairs of the
diking and/or drainage system shall become due in two equal
installments, one-half being payable on or before May 30th,
and the other half on or before November 30th; and delinquency interest thereon shall run from said dates on said
respective halves of said assessments.
The rate of interest thereon after delinquency, also the
rate of interest borne by certificates of delinquency, shall be
ten percent per annum. Certificates of delinquency for any
assessment or installment thereof shall be issued upon
demand and payment of such delinquent assessment and the
fee for the same at any time after the expiration of twelve
months after the date of delinquency thereof. In case no
certificate of delinquency be issued after the expiration of
four years from date of delinquency of assessments for
construction costs, or after the expiration of two years from
date of delinquency of assessments for maintenance or
repairs, certificates of delinquency shall be issued to the
county, and foreclosure thereof shall forthwith be effected in
the manner provided in *sections 11292 to 11317 inclusive.
The holder of a certificate of delinquency for any
drainage, diking or sewerage improvement district or
consolidated district assessment or installment thereof may
pay any delinquent general taxes upon the property described
therein, and may redeem any certificate of delinquency for
general taxes against said property and the amount so paid
together with interest thereon at the rate provided by law
shall be included in the lien of said certificate of delinquency.
The expense of foreclosure proceedings by the county
shall be paid by the districts whose liens are foreclosed:
Costs of foreclosure by the county or private persons as
provided by law, shall be included in the judgment of foreclosure. [1933 c 125 § 2; 1923 c 46 § 11, part; 1917 c 130
§ 33; 1913 c 176 § 31; RRS § 4439-2.]
*Reviser’s note: The internal references in the third paragraph of this
section reading "sections 11292 to 11317 inclusive" refers to RRS 11292
through 11317 which sections were repealed by 1925 ex.s. c 130 § 138,
with the exception of 11312, 11313, and 11314 now in RCW 78.16.010,
78.16.020, and 78.16.030 and which are not in point for purposes of this
internal reference. Existing provisions generally as to certificates of
delinquency and foreclosure, see chapter 84.64 RCW.
85.08.490 Title acquired at sale—Foreclosure for
general taxes—Lien of assessments preserved. The
purchaser, upon the foreclosure of any certificate of delinquency for any assessment or installment thereof, shall
[Title 85 RCW—page 38]
acquire title to such property subject to the installments of
the assessment not yet due at the date of the decree of
foreclosure, and the complaint, decree of foreclosure, order
of sale, sale, certificate of sale and deed shall so state.
The holder of any certificate of delinquency for general
taxes may, before commencing any action to foreclose the
lien of such certificate, pay in full all drainage or diking or
sewerage improvement district assessments or any installment thereof due and outstanding against the whole or
any portion of the property included in such certificate of
delinquency and the amount of all assessments so paid
together with interest at ten percent per annum thereon shall
be included in the amount for which foreclosure may be had;
or, if he elects to foreclose such certificate without paying
such assessments in full, the purchaser at such foreclosure
sale shall acquire title to such property subject to all such
drainage or diking or sewerage improvement district assessments. Any property in any drainage or diking or
sewerage improvement district sold under foreclosure for
general taxes shall remain subject to the lien of all drainage
and diking or sewerage improvement district assessments or
installments thereof not yet due at the time of the decree of
foreclosure and the complaint, decree of foreclosure, order
of sale, sale, certificate of sale and deed shall so state.
[1923 c 46 § 11, part; 1917 c 130 § 33; 1913 c 176 § 31;
RRS § 4439-3.]
85.08.500 Resale or lease by county—Disposition of
proceeds—Tax statements. Property subject to a drainage
or diking or sewerage improvement district assessment,
acquired by a county pursuant to a foreclosure and sale for
general taxes, when offered for sale by the county, shall be
offered for the amount of the general taxes for which the
same was struck off to the county, together with all drainage
or diking or sewerage improvement district assessments or
installments thereof, due at the time of such resale, including
maintenance assessments, and supplemental assessments
levied pursuant to the provisions of RCW 85.08.520, coming
due while the property was held in the name of the county;
and the property shall be sold subject to the lien of all
drainage or diking or sewerage improvement district assessments or installments thereof not yet due at the time of such
sale, and the notice of sale and deed shall so state. PROVIDED, That the county board may in its discretion, sell
said property at a lesser sum than the amount for which the
property is offered in the notice of sale. The proceeds of
such sale shall be applied first to discharge in full the lien or
liens for general taxes for which said property was sold, and
the remainder, or such portion thereof as may be necessary,
shall be applied toward the discharge of all drainage or
diking or sewerage improvement district assessment liens
upon such property, and the surplus, if any, shall be applied
toward the payment of any delinquent or due local assessments or local assessment installments outstanding against
the property levied by any authority other than that of the
county, taking them in the order of their maturities, beginning with the earliest; after which if any money remains the
treasurer shall hold the same for the person whose interest in
the property entitles him thereto. If there be no purchaser,
the property shall again be offered for sale within one year
(2002 Ed.)
Diking, Drainage, and Sewerage Improvement Districts
thereafter, and shall be successively offered for sale each
year until a sale thereof be effected.
Property struck off to or bid in by a county may be
leased pursuant to resolution of the county commissioners on
such terms as the commissioners shall determine for a period
ending not later than the time at which such property shall
again be offered for sale as required by law. Rentals
received under such lease shall be applied in the manner
hereinabove provided for the proceeds of sale of such
property.
All statements of general state taxes where drainage,
diking or sewer improvement district assessments against the
land described therein are due shall include a notation
thereon or be accompanied by a statement showing such
fact. [1923 c 46 § 11, part; 1917 c 130 § 33; 1913 c 176 §
31; RRS § 4439-4.]
85.08.510 Invalid levy—Reassessment. Whenever
any improvement, any extension or betterment thereof shall
have been constructed in whole or in part, either heretofore
in a district established or attempted to be established under
and by virtue of *chapter 66 of the Laws of 1901, or in a
district heretofore or hereafter established or attempted to be
established under this chapter, and the assessment therefor or
any part thereof shall be invalid by reason of any omission,
irregularity or defect in any proceeding whatever, a reassessment shall be made upon the property benefited by the improvement to provide a fund for the payment of the costs
thereof, and any bonds or warrants issued therefor in the
following manner:
The board of county commissioners shall by order cause
the clerk of the board to compile and file with the board an
itemized statement of the total cost of the improvement in
the manner prescribed by RCW 85.08.360. Upon the filing
of such statement the same proceedings shall be had assessing the costs of said improvement against the lands benefited
thereby and the counties, cities and towns within the district,
as are prescribed by RCW 85.08.360 and subsequent sections
of this act. In case no bonds have been issued or warrants
sold to pay the costs of said improvement, the same may be
issued and sold and disposed of as hereinbefore provided.
In case an assessment for such improvement shall have been
theretofore made or attempted, and any payment has been
made thereon, proper credit for the amount of such payment
shall be made upon the reassessment. [1923 c 46 § 11, part;
1917 c 130 § 33; 1913 c 176 § 31; RRS § 4439-5.]
*Reviser’s note: The language "chapter 66 of the Laws of 1901"
refers to a prior drainage district law which was repealed by the basic act,
1913 c 176, codified in this chapter; see 1913 c 176 §§ 39, 40; see notes
following chapter digest.
The language "subsequent sections of this act" first appears in 1917
c 130 § 33 amending 1913 c 176 § 31. The 1917 amendatory act was a 39
section act with sections 34 through 39 being codified as RCW 85.08.530,
85.08.540, 85.08.560, and 85.08.680. Section 34 thereof was repealed by
1949 c 26 § 18 and new subject matter thereof is in chapter 85.16 RCW.
Section 39 was a construction section. The basic act in chapter 176, Laws
of 1913 was a 42 section act with sections 32 through 41 being codified as
RCW 85.08.530, 85.08.540, 85.08.560, 85.08.570, 85.08.670, and 85.08.680.
Section 32 was repealed in the 1949 act and the new subject matter is in
chapter 85.16 RCW. The other sections being construction sections are
footnoted herein following the chapter digest. Notice that this section itself
was a single section in the basic act of 1913 but it was divided into separate
sections in 1923 c 46 § 11 codified herein as RCW 85.08.470 through
85.08.520.
(2002 Ed.)
85.08.500
85.08.520 Supplemental assessments. If upon the
foreclosure of the assessment upon any property the same
shall not sell for enough to pay the assessment against it, or
if any property assessed was not subject to assessment, or if
any assessment made shall have been eliminated by foreclosure of a tax lien or made void in any other manner, the
board of county commissioners shall cause a supplemental
assessment to be made on the property benefited by the
improvement, including property upon which any assessment
shall have been so eliminated or made void, and against the
county, cities and towns chargeable therewith in the manner
provided for the original assessment, to cover the deficiency
so caused in the original assessment.
If by inadvertence or for any cause the assessment
levied shall be found to be insufficient to meet the entire
cost of construction, a supplemental assessment shall be
made by the board of county commissioners upon the lands
of the district in the same proportion as the original assessment is levied, same being spread over not to exceed three
years as the commissioners may determine.
Duplicate assessments or other errors that may by
inadvertence be found to have been incorporated in the
assessment roll may be corrected by order of the county
commissioners upon same being certified to them by the
treasurer and the engineer. [1923 c 46 § 11, part; 1917 c
130 § 33; 1913 c 176 § 31; RRS § 4439-6.]
85.08.530 Levies against county, city or town, how
paid. The amount of the costs of construction or maintenance of any system of improvement assessed against any
city, town or county may be met by levies to be paid in
similar installments and extending over a like period of time
as the assessments against property benefited are spread, or
such amounts may be met by the issue and sale of the bonds
of such city, town or county in the manner in which bonds
to meet general indebtedness of such city, town or county
are issued. The proper authorities of such city, town or
county shall make the necessary levies to meet such amounts
thus apportioned thereto as a general levy on all property
therein. [1917 c 130 § 35; 1913 c 176 § 33; RRS § 4441.]
85.08.540 Abandonment or change in system—
Subdistricts. Upon a petition and bond being filed by one
or more landowners, either within or without the boundaries
of a district, and like proceedings being had as in the case of
the original establishment and construction of a system of
improvement, the county commissioners may declare any
system of improvement or any part thereof, abandoned or
may strike from the district lands no longer benefited or
served thereby, or they may cause any system of improvement to be altered, reduced, enlarged, added to or in any
other manner bettered or improved, either within or without
the district, and to effect such subsequent improvements,
may exercise any of the powers which are in this chapter, or
may be hereafter conferred upon such districts. But the
striking of any lands from a district shall not in any way affect any assessment theretofore levied against such lands.
When such improvements shall have been completed the
costs thereof shall be apportioned and assessed against the
lands benefited thereby in the manner hereinbefore provided
[Title 85 RCW—page 39]
85.08.540
Title 85 RCW: Diking and Drainage
for such apportionment and assessment in the case of
original proceedings. New lands assessed for any such
improvement shall become a part of such district. The construction and maintenance of any such new improvement,
unless let by contract by the board of county commissioners,
shall be under the direction of the board of supervisors of
the district in which they are made or to which said improvement is added. The lands assessed for such new
improvements, of less than the entire district, shall be
designated, alphabetically, "subdistrict . . . . . . of . . . . . .
improvement district No. . . . . ." [1917 c 130 § 36; 1913 c
176 § 34; RRS § 4442.]
85.08.560 Extension of existing system—
Apportionment of cost. When any extension of or addition
to any existing system of improvement shall be thus constructed, the cost thereof shall be assessed to all the property,
counties, cities and towns in the enlarged district benefited
thereby in proportion to the benefits received therefrom.
Any new lands thus brought into the district shall be
assessed in addition a proper and equitable share of the then
value of the original system of improvement in proportion to
the benefits which such new lands derive therefrom. In
determining the value to be so assessed the board of appraisers shall take into consideration the amount, if any, which
the property to be assessed has already paid toward the construction of the original system and all other matters that
may be pertinent. If at any time it shall appear to the board
of supervisors of any drainage or diking improvement district
that any lands without the boundaries of such district are
being benefited by the improvements of the district and are
not being assessed for the benefits received, they shall file
a petition with the board of county commissioners praying
the benefits received by such lands be determined and an
assessment made upon such lands for the benefits so
received. Thereupon, the board of county commissioners
shall appoint a board of appraisers as provided in RCW
85.08.360 for the apportionment of the cost of construction
of the original system of improvement, and an apportionment
of the then value of the improvements of the district shall be
made to such lands in proportion to the benefits received
therefrom as nearly as may be in the manner provided for
the apportionment of the cost of the original system of
improvement. In determining what share of the value of the
improvements of the district shall be apportioned to such
lands the board of appraisers shall take into consideration the
benefits already received by such lands and all other matters
that may be pertinent. The amount of the value of the
original system assessed upon any new property brought
within the district shall be rebated pro rata upon the assessments, if any, outstanding against the lands of the district on
account of the construction of such original system. If the
assessment against any land has been paid in full, or if the
assessment remaining outstanding against such land is less
than the rebate apportioned to such land, the amount so
rebated or excess of rebate over assessment shall be paid
into the maintenance fund of the district and a proper credit
on any existing or future assessment for maintenance shall
be entered in favor of the land entitled thereto. The lands in
the original district shall remain bound for the whole of the
original unpaid assessment thereon for the payment of any
[Title 85 RCW—page 40]
outstanding unpaid warrants or bonds secured to be paid by
such assessments. [1917 c 130 § 37; 1913 c 176 § 35; RRS
§ 4443.]
85.08.565 Special assessments—Budgets—
Alternative methods. RCW 85.38.140 through 85.38.170
constitute a mutually exclusive alternative method by which
diking, drainage, or sewerage improvement districts in
existence as of July 28, 1985, may measure and impose
special assessments and adopt budgets. RCW 85.38.150
through 85.38.170 constitute the exclusive method by which
diking, drainage, or sewerage improvement districts created
after July 28, 1985, may measure and impose special assessments and adopt budgets. [1985 c 396 § 26.]
Severability—1985 c 396: See RCW 85.38.900.
85.08.570 Districts in two or more counties—
Notice—Hearings. When a drainage, diking or sewerage
system is proposed which will require a location, or the
assessment of lands, in more than one county, application
therefor shall be made to the board of county commissioners
in each of said counties, and the county engineers shall make
preliminary reports for their respective counties. The lines
of such proposed improvement shall be examined by the
county engineers of the counties wherein said improvements
will lie, jointly. The hearings in regard to such improvements, provided for by RCW *85.08.150, and 85.08.400
through 85.08.430 shall be had by the boards of county
commissioners of the two counties in joint sessions, and all
other matters required to be done by the county commissioners in regard to such improvement and the improvement
district shall be had and done by the boards of county
commissioners of the counties wherein such system of
improvements shall lie, either in joint session at such place
as the said board shall order, or by concurrent order entered
into by the said boards at their respective offices. Notice of
the hearings shall be given by the auditors of both counties
jointly by publication in the official paper of each of said
counties. The county engineer of the county wherein the
greatest length of drainage, diking or sewerage system will
lie, shall have charge of the engineering work and be ex
officio a member of the boards in this chapter provided for.
The schedule of apportionment shall be prepared in separate
parts for the land in the respective counties; and that part of
said roll containing the assessments upon the lands in each
respective county shall be transmitted to the treasurer thereof, and the treasurer of said county shall give notice of said
assessments as provided in RCW 85.08.400 through
85.08.430, and shall collect the assessments therein contained
and shall also extend and collect the annual maintenance
levies of said district upon the lands of said district lying in
his county. The auditor of the county in which the greater
length of the drainage, diking or sewerage system shall lie
shall act as clerk of the joint session of the boards of county
commissioners, and shall issue the warrants of the improvement district, and shall attest the signatures of the two
boards of county commissioners on the bonds. He shall
furnish to the auditor of the other county duplicate copies of
the records of proceedings of such joint sessions. Duplicate
records of all proceedings had and papers filed in connection
with such improvements shall be kept, one with the auditor
(2002 Ed.)
Diking, Drainage, and Sewerage Improvement Districts
of each county. Protests or other papers filed with the
auditor who is not clerk of the joint sessions shall be
forwarded forthwith by him to the auditor who acts as clerk
of such joint sessions. The treasurer of said county shall
register and certify and pay the warrants and the bonds, and
shall have charge of the funds of the district; and to him, the
treasurer of the county in which the lesser portion of such
system of improvements lie, shall remit semiannually, in
time for the semiannual warrant and bond calls, all such
collections made in such other county. A drainage, diking
or sewerage improvement district lying in more than one
county shall be designated "joint drainage (or diking) or
sewerage improvement district No. . . . . of . . . . . . and
. . . . . . counties." All proceedings in regard to joint
drainage, diking improvement districts, which have heretofore been had and done substantially in accordance with the
amendatory provisions of this chapter are hereby approved
and declared to be valid. [1923 c 46 § 13; 1921 c 157 § 6;
1913 c 176 § 38; RRS § 4446.]
*Reviser’s note: RCW 85.08.150 was repealed by 1985 c 396 § 87.
See RCW 85.38.040, 85.38.050.
85.08.630 Waters developed—Defined—Disposal of.
The use of any waters developed by the drainage system of
any drainage improvement district shall be subject to the
control of the drainage improvement district and such district
shall have the right to dispose of and contract for the use of
such waters for irrigation or other uses, as hereinafter
provided: PROVIDED, That the waters developed by any
existing drainage system, and the waters developed by any
drainage system hereafter constructed which shall remain
undisposed of for three years after the completion of the
improvement and the levy of the assessment to pay the cost
thereof, shall not be subject to disposal by such district
where such waters shall have been appropriated by any
person at a point below the outlet of the drainage system of
such district. The term "waters developed" as used in this
chapter shall not be held to include surface waste waters
from irrigation. [1917 c 130 § 7; RRS § 4455.]
85.08.640 Waters developed—Contracts for use and
sale. The board of supervisors may enter into any contract
for the use, sale or disposal of such waters that in their
judgment shall be for the best interests of the district; but no
such sale, contract or disposition shall be made except by the
unanimous vote of the board. The district shall not guarantee nor warrant the amount or flow of, nor the title to, such
waters; and no use, sale or disposition of such waters shall
be lawful that will interfere with the efficiency of said
drainage system. [1917 c 130 § 8; RRS § 4456.]
85.08.650 Waters developed—Application for use.
Any person or corporation desiring to acquire and use the
waters developed by any drainage system, may make
application therefor in writing to the board of supervisors of
the district, accompanying such application with a bond to be
approved by the board, conditioned that the applicant will
pay the costs of the investigation and hearing in case no
disposal of said waters be made thereat. Successive applications and proceedings may be made and had as long as there
(2002 Ed.)
85.08.570
is any water remaining undisposed of in said drainage
system. [1917 c 130 § 9; RRS § 4457.]
85.08.660 Waters developed—Notice of hearing—
Form of application—Bond. When any such application
shall be filed, the board of supervisors of the district shall
cause to be published in the county official paper, once a
week for three successive weeks prior to the date of the
hearing hereinafter referred to, a notice fixing the time and
place within the district when the board will hear and consider such applications. All applications shall be in writing
and contain a statement of the proposed use to be made of
the water, specifying the time, place and manner of such
proposed use; and in entering into any such contract, the
board of supervisors of the district may require such security
as they may deem reasonable for the proper construction and
installation of works of diversion and for the use of said
water by the party proposing to use the same. [1917 c 130
§ 10; RRS § 4458.]
85.08.670 Prosecuting attorney—Duties. It shall be
the duty of the prosecuting attorney of each county to
prepare suitable blanks for the use of the board of county
commissioners under this chapter, not otherwise provided
for, and to advise the board of county commissioners and
other officers of the county and the boards provided for by
this chapter in regard to the proceedings and in the performance of their duties under this chapter, and perform such
other duties as in this chapter provided and required. [1913
c 176 § 36; RRS § 4444.]
85.08.680 Rules and regulations. The board of
supervisors of each district shall make reasonable rules and
regulations whereby any owner of land in the district may
make connection for drainage, or sewerage purposes, with
any drainage, or sewerage system thereof. They shall also
maintain and keep efficient the system of improvement of
the district. [1923 c 46 § 12; 1917 c 130 § 38; 1913 c 176
§ 37; RRS § 4445.]
85.08.690 Penalty for injury to or interference with
improvement. Every person who shall wilfully damage or
interfere with the operation of any dikes, drains, ditches or
other improvements of any diking or drainage improvement
district shall be guilty of a misdemeanor. [1917 c 130 § 11;
RRS § 4459.]
85.08.820 Drainage bonds owned by state—
Cancellation of interest and assessments—Levy omitted.
Whenever the department of ecology shall have purchased
and the state of Washington owns the entire issue of any
series of bonds of any county in the state, the payment of
which is to be made from and is secured by assessments
upon the property included within any drainage improvement
district organized and existing in such county, and it shall
appear to the satisfaction of the director of ecology that
owing to and by reason of the nature of the soil within and
the topography of such drainage improvement district the
lands contained therein were not or will not be drained
sufficiently to permit the cultivation thereof within the time
when assessments for the payment of the interest on said
[Title 85 RCW—page 41]
85.08.820
Title 85 RCW: Diking and Drainage
bonds and to constitute a sinking fund to retire said bonds as
provided by law became or will become due, and that by
reason thereof the owners of said lands were or will be unable to meet said assessment, the director of ecology shall
have the power and he is hereby authorized under such terms
and conditions as he shall deem advisable to enter into a
contract in writing with the board of county commissioners
of the county issuing such bonds, waiving the payment of
interest upon such bonds from the date of their issue for not
to exceed five years, and extending the time of payment of
said bonds for not to exceed five years; and upon the
execution of said contract the board of county commissioners
of said county shall have the power and is hereby authorized
to cancel all assessments made upon the lands included
within such drainage improvement district for the payment
of principal and/or interest on said bonds prior to the date of
said contract, and to omit the levy of any assessments for
said purposes until the expiration of the time of the waiver
of interest payments upon said bonds specified in said
contract. [1988 c 127 § 38; 1925 ex.s. c 140 § 1; RRS §
4332-1.]
85.08.830 Merger of improvement district with
irrigation district—Authorized. Whenever a drainage
improvement district, joint drainage improvement district, or
consolidated drainage improvement district within an
irrigation district or irrigation districts desires to merge with
an irrigation district or irrigation districts in which lands of
the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district
are located, it may petition the board or boards of county
commissioners, as the case may be, to do so: PROVIDED,
That only that portion of the drainage improvement district,
joint drainage improvement district, or consolidated drainage
improvement district within a particular irrigation district
may merge with the irrigation district within which it is
situated. [1957 c 94 § 2.]
Merger of improvement district with irrigation district: RCW 87.03.720
through 87.03.745.
85.08.840 Merger of improvement district with
irrigation district—Jurisdiction to hear, supervise and
conduct proceedings—Clerk, notice, records. The boards
of county commissioners of the counties in which a joint
drainage improvement district is situated shall have jurisdiction in joint session to hear, supervise and conduct the
merger proceedings relating to such a district. The auditor
of the county in which the greater length of the system of
improvements lies shall act as clerk of the joint sessions of
the boards of county commissioners, and shall give the
notice provided for in RCW 85.08.870. He shall furnish to
the auditor of the other county duplicate copies of the
records of proceedings of the joint sessions. Duplicate
records of all proceedings had and papers filed in connection
with the merger of a joint drainage improvement district
shall be kept with the auditor of each county. The board of
county commissioners of the county in which a drainage
improvement district or consolidated drainage improvement
district is situated shall have exclusive jurisdiction to hear,
supervise and conduct merger proceedings relating to such
districts. [1957 c 94 § 3.]
[Title 85 RCW—page 42]
85.08.850 Merger of improvement district with
irrigation district—Petition—Signing—Presentation. The
petition requesting the merger shall be signed by the board
of supervisors of, or by ten landowners located within, the
drainage improvement district, joint drainage improvement
district, or consolidated drainage improvement district and
presented to the clerk or clerks of the appropriate county
legislative authority or authorities, at a regular or special
meeting. [2001 c 149 § 2; 1996 c 313 § 1; 1957 c 94 § 4.]
85.08.860 Merger of improvement district with
irrigation district—Assent by irrigation district—
Election, order, notice. If it appears to the board or boards
of county commissioners that all portions of the drainage
improvement district, joint drainage improvement district, or
consolidated drainage improvement district will, as a result
of the proceedings, be merged with the irrigation district or
irrigation districts and that the board or boards of directors
of the irrigation district or irrigation districts into which the
drainage improvement, joint drainage improvement district,
or consolidated drainage improvement district will be
merged, which irrigation district or irrigation districts shall
be named in the petition, are agreeable to the merger, and
that the assent or assents thereto, in writing, by said irrigation district board or boards have been filed with the board
or boards of county commissioners, the board or boards of
county commissioners shall order an election to be held in
the drainage improvement district, joint drainage improvement district or consolidated drainage improvement district
to approve or disapprove the merger and shall fix the time
thereof and cause notice to be published. [1957 c 94 § 5.]
85.08.870 Merger of improvement district with
irrigation district—Notice, contents—Election, ballots.
The notice shall be given and the election conducted in the
manner, so far as is applicable, as for the election of
members of the board of supervisors of a drainage improvement district. The notice shall advise of the election so
ordered and the date, time and place thereof, state the filing
of the petition, the names of those signing the petition and
prayer thereof, and shall require the voters to cast ballots
with the words "Merger, Yes" or "Merger, No." [1957 c 94
§ 6.]
85.08.880 Merger of improvement district with
irrigation district—Proceedings and costs on approval or
disapproval. If a majority of the votes cast favor merger,
the board or boards of county commissioners shall enter an
order approving the petition and ordering the merger and file
a certified copy thereof with the county auditor or auditors
of the county or counties in which the district is situated, and
the drainage improvement district, joint drainage improvement district, or consolidated drainage improvement district
shall thereupon be dissolved and its system of improvements
vested in the irrigation district or irrigation districts without
further proceedings. If a majority of the votes cast are
against merger, the board of commissioners shall enter an
order dismissing the proceedings. If the merger is approved,
the expenses of the county or counties in connection with the
election will be paid by the irrigation district or irrigation
districts, with each irrigation district, if there is more than
(2002 Ed.)
Diking, Drainage, and Sewerage Improvement Districts
one, paying the same portion of the expenses as that portion
of the drainage improvement district, joint drainage improvement district, or consolidated drainage district which is
merged into the irrigation district. If the merger is not
approved, the expenses of the county or counties in connection with the election will be paid by the drainage improvement district, joint drainage improvement district, or
consolidated drainage improvement district. [1957 c 94 § 7.]
85.08.880
85.08.905 Sewerage improvement districts—Powers.
Sewerage improvement districts may investigate, plan,
construct, acquire, repair, maintain, and operate improvements, works, projects, and facilities to collect, treat, and
dispose of sanitary, industrial, and other sewage. Such
facilities include on-site and off-site sewerage facilities,
including approved septic tanks or septic tank systems.
[1985 c 396 § 30.]
Severability—1985 c 396: See RCW 85.38.900.
85.08.890 Merger of improvement district with
irrigation district—Prior indebtedness. None of the
indebtedness of the drainage improvement district, joint
drainage improvement district, or consolidated drainage
improvement district, or of the drainage improvement
districts taken into the consolidated drainage improvement
district, shall be affected by the merger and dissolution, and
all lands liable to be assessed to pay such indebtedness shall
remain liable to the same extent as if the merger and
dissolution had not taken place, and all assessments theretofore levied shall remain unimpaired and shall be collected in
the same manner as if no merger had taken place. The
board or boards of directors of the irrigation district or
irrigation districts with which the drainage improvement
district, joint drainage improvement district, or consolidated
drainage improvement district was merged shall have all the
powers possessed at the time of the merger by the board of
supervisors of the drainage improvement district, joint
drainage improvement district, or consolidated drainage
improvement district and the board or boards of county
commissioners may levy and cause to be collected any and
all assessments against any of the lands formerly within the
drainage improvement district, joint drainage improvement
district, or consolidated drainage improvement district
necessary for the payment of all indebtedness thereof, and of
the drainage improvement districts taken into the consolidated drainage improvement district. Until the assessments are
collected and all indebtedness of each drainage improvement
district or joint drainage improvement district included in the
merger, either as such or, in the case of the former, as a part
of a consolidated drainage improvement district, is paid,
separate funds shall be maintained for each such drainage
improvement district or joint drainage improvement district
as were maintained before the merger. [1957 c 94 § 8.]
85.08.895 Annexation of territory—Consolidation of
special districts—Suspension of operations—Reactivation.
Diking or drainage improvement districts may annex
territory, consolidate with other special districts, and have
their operations suspended and be reactivated, in accordance
with chapter 85.38 RCW. [1986 c 278 § 13.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.08.900 Alternative methods of formation of
improvement districts. Whenever an improvement district
is sought to be established, in addition to the procedures
authorized by this chapter there may be employed any other
method authorized by law for the formation of districts or
improvement districts so that the improvement district will
qualify under the provisions of chapter 89.16 RCW. [1959
c 104 § 6.]
(2002 Ed.)
85.08.910 Sewerage improvement districts located
in counties with populations of from forty thousand to
less than seventy thousand become water-sewer districts.
See RCW 57.04.120.
85.08.920 Sewerage improvement districts operating
as sewer districts become water-sewer districts—
Procedure. See RCW 57.04.130.
Chapter 85.12
FEDERAL AID TO DIKING, DRAINAGE, AND
SEWERAGE IMPROVEMENT DISTRICTS
Sections
85.12.010
85.12.030
Commissioners may accept federal aid, or contract for work
by federal agency—No bond required.
Disposition of federal aid funds.
85.12.010 Commissioners may accept federal aid, or
contract for work by federal agency—No bond required.
Whenever, under the provisions of any act of the congress
of the United States, the corps of engineers of the United
States army, or any other agency of the United States, shall
be authorized to reconstruct, improve, repair or maintain any
system of improvements of any diking, drainage or sewerage
improvement district under the laws of the state of Washington, the board of county commissioners of the county in
which such district is situated, on behalf of such district may
consent to and permit the United States, or any agency
thereof, to perform any work or service upon or with regard
to such district’s system of improvements which shall by the
board be found to be for the benefit of such district and the
property therein, or, if the enlargement, betterment or other
improvement of such district’s system of improvements, or
the performance of extraordinary maintenance work upon or
with respect to its existing system of improvements shall
have been authorized, the board may contract, on behalf of
said district, upon such terms as may be agreed upon by the
United States and the board for the performance of the work
so authorized by said corps of engineers, or other agency of
the United States. No bond shall be required by the district
for any work performed by or under the supervision of said
corps of engineers, or other agency of the United States.
[1949 c 175 § 1; RRS § 4459-50. Formerly RCW 85.12.010
and 85.12.020.]
85.12.030 Disposition of federal aid funds. If at any
time, whether prior or subsequent to the making of any
contract authorized by the preceding section, there shall be
made available and paid to a district fund appropriated by
[Title 85 RCW—page 43]
85.12.030
Title 85 RCW: Diking and Drainage
the congress of the United States to pay the costs and
expenses of reconstruction, improvement, repair or
maintenance of the district’s system of improvements or any
part thereof, said funds shall be paid into the district’s
maintenance or construction fund, according as the work is
maintenance or new construction, and thereafter used and
disbursed upon the order of the board, provided that if the
district shall have theretofore issued extraordinary maintenance warrants or maintenance bonds or construction bonds,
said funds shall be used to pay and retire said bonds or
warrants to the extent of said funds. When all said warrants
or bonds have been paid, the assessment levied to pay said
warrants or bonds, or those installments of such assessment
not then due and payable, shall be canceled. If the funds
made available and paid to the district by the United States
shall be more than sufficient to pay and retire all then
outstanding warrants or bonds issued to pay the cost of the
particular work, whether maintenance or new construction,
then the excess of such federal aid funds, up to the amount
of the total of the assessments to pay for such work theretofore paid, shall be paid by the treasurer to those who have
paid such assessment or assessments in the proportion that
the total of all such assessments paid by any one bears to the
total of all such assessments theretofore paid, and any
balance of such federal aid funds remaining shall become
and be part of the maintenance fund of the district. Any
assessment or installment of assessment not canceled under
the provisions hereof, or any balance thereof which when
collected shall not be required for the payment of interest or
principal of any of said warrants or bonds, shall, after all
said warrants or bonds have been paid, be paid into and become part of the maintenance fund of the district. [1949 c
175 § 2; RRS § 4459-51.]
Chapter 85.15
DIKING, DRAINAGE, SEWERAGE IMPROVEMENT
DISTRICTS—1967 ACT
Sections
85.15.010
85.15.020
85.15.030
85.15.040
85.15.050
85.15.060
85.15.070
85.15.080
85.15.090
85.15.100
85.15.110
85.15.120
85.15.130
85.15.140
85.15.150
85.15.160
85.15.170
Declaration of purpose.
Definitions.
Property roll—Basis and requisites—Separate levies for
prior indebtedness.
Public hearing—Notice, publication.
Written objections—Filing—Grounds—Waiver.
Reexamination of properties on roll—Adjustment, periodic
revision, of valuations.
Roll constitutes valuations against which levy made and
collected—Hearing on adjustments.
Roll and proceedings conclusive—Remedies.
Review by superior court—How taken.
Review by superior court—Transcript—Contents—Filing.
Review by superior court—Filing fees—Bond—Priority of
cause.
Review by superior court—Scope—Judgment.
Appellate review.
Levy is for continuous benefits to protected property.
Annual estimate of costs—Levy added to general taxes—
Delinquencies—Disposition of revenue.
Emergency expenditures—Warrants.
Concurrent use of other methods of raising revenue.
85.15.010 Declaration of purpose. The maintenance,
enlargement and extension of diking, drainage and sewerage
improvement districts formed under chapter 85.08 RCW is
[Title 85 RCW—page 44]
essential to the public welfare and economy of the state.
The influx of population and changes in land use since many
such districts were formed, has made obsolete, expensive and
unjust the method used under existing law to provide funds
for the operation of such districts and for the maintenance
and expansion of their systems of improvement. [1967 c
184 § 2.]
Severability—1967 c 184: See note following RCW 85.05.610.
85.15.020 Definitions. As used in this chapter:
"District" means a diking, drainage or sewerage improvement district organized under chapter 85.08 RCW.
"Maintenance" means and includes not merely operating
expenses and such upkeep and other work commonly classed
as maintenance as shall be necessary to restore and preserve
the district’s systems of improvement and the machinery and
equipment operated in connection therewith in the same or
as good condition as when originally constructed and
installed, but also the making of such changes in and
betterments to the original works, improvements and installations as shall, subject to approval of the board of county
commissioners, be by the board deemed necessary to put the
systems of improvements into such condition as will provide
protection and services as contemplated and intended by the
original construction and any enlargement and extensions
thereof thereafter made. [1967 c 184 § 3.]
85.15.030 Property roll—Basis and requisites—
Separate levies for prior indebtedness. To operate under
this chapter, the board of commissioners of the improvement
district shall cause to be prepared and filed with the board of
county commissioners a property roll. The roll shall contain:
(1) A description of all properties benefited and improvements thereon which receive protection and service from the
systems of the district with the name of the owner or the
reputed owner thereof and his address as shown on the tax
rolls of the assessor or treasurer of the county wherein the
property is located and (2) the determined value of such land
and improvements thereon as last assessed and equalized by
the assessor of such county or counties. Such assessed and
equalized values shall be deemed prima facie to be just, fair
and correct valuations against which annual taxes shall be
levied for the operation of the district and the maintenance
and expansion of its facilities.
If property outside of the limits of the original district
are upon the roll as adopted ultimately, and the original district has outstanding bonds or long-term warrants, the board
of county commissioners shall set up separate dollar rate
levies for the full retirement thereof. [1973 1st ex.s. c 195
§ 111; 1967 c 184 § 4.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.15.040 Public hearing—Notice, publication.
When a property roll is filed with the county legislative
authority, the county legislative authority shall hold a public
hearing to determine whether the facts and conditions
heretofore recited in this chapter as a prerequisite to its
application do or do not exist, and shall give notice of
hearing as follows:
(2002 Ed.)
Diking, Drainage, Sewerage Improvement Districts—1967 Act
The notice shall be published at least once a week for
three consecutive weeks in a newspaper having general
circulation in the area involved. The last publication shall be
more than fifteen days prior to date of hearing. [1985 c 469
§ 75; 1967 c 184 § 5.]
85.15.050 Written objections—Filing—Grounds—
Waiver. Any person, owner or reputed owner having any
interest in any property against which the board of county
commissioners seeks to make a protection and service charge
under this chapter, may object thereto. All such objections
must be in writing and filed with the board of county
commissioners before the hearing is commenced upon the
roll containing such properties and must state clearly the
grounds of such objection. Objections not made within this
time and in this manner shall be deemed conclusively to
have been waived. [1967 c 184 § 6.]
85.15.060 Reexamination of properties on roll—
Adjustment, periodic revision, of valuations. The board
of county commissioners may at any time reexamine the
properties on any roll, and upon receipt of a petition from
the board of supervisors of the district or the written request
of a property owner shall do so. If it is found that the
condition of such property or properties has changed so that
such property should be eliminated from any rolls on file, or
the valuation against which dollar rate is levied should be
lowered, it shall so determine and enter an order adjusting
the valuation as to such properties and shall certify and file
a copy thereof with the treasurer of the county wherein the
property is situated, and the treasurer shall alter and change
the existing rolls accordingly. Valuations may be revised
periodically to reflect changes in real property valuations by
the county assessor. [1973 1st ex.s. c 195 § 112; 1967 c
184 § 7.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.15.070 Roll constitutes valuations against which
levy made and collected—Hearing on adjustments. The
roll approved and certified to the county officers by the
board of county commissioners as in this chapter provided
shall constitute the valuations of land, buildings and improvements furnished protection and services by the systems
of the district against which valuation taxes shall be levied
and collected annually in the same manner as general taxes
for the continuing operations of the district and its systems.
The valuations on said roll shall be subject to adjustment
from time to time in the manner provided in RCW
85.15.060.
The board of county commissioners shall hold a hearing
on such adjustments at the county seat at the time of
equalization of real property assessments for the purpose of
considering written objections to any revision of valuations
filed at least ten days prior to the hearing and shall give
published notice only of such hearing as provided in RCW
85.15.040. [1973 1st ex.s. c 195 § 113; 1967 c 184 § 8.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
(2002 Ed.)
85.15.040
85.15.080 Roll and proceedings conclusive—
Remedies. Wherever any roll shall have been adopted by
the board of county commissioners, the regularity, validity
and correctness of the proceedings relating thereto shall be
conclusive upon all parties, and it cannot in any manner be
contested or questioned in any proceeding whatsoever by any
person not filing written objections to the roll as provided in
RCW 85.15.050 and appealing from the action of said board
in confirming the roll in the manner and within the time in
this chapter provided. No proceeding of any kind, except
proceedings had throughout the process of appeal as in this
chapter provided, shall be commenced or prosecuted or may
be maintained, for the purpose of defeating or contesting any
assessment or charge made through levies under this chapter,
or the sale of any property to pay such charges: PROVIDED, That suit in injunction may be brought to prevent
collection of charges of assessments or sale of property
thereunder upon the following grounds and no other:
(1) That the property charged or about to be sold does
not appear upon the district roll, or
(2) The charge has been paid. [1967 c 184 § 9.]
85.15.090 Review by superior court—How taken.
The decision of the board of county commissioners upon any
objection made within the time and in the manner prescribed
may be reviewed by the superior court of the county wherein
the property in question is located, upon appeal thereto taken
in the following manner: Any person aggrieved must file his
petition for writ of review with the clerk of the superior
court wherein the property is located within ten days after
the roll affecting such aggrieved party was adopted by
resolution, and serve a copy thereof upon the county treasurer. The petition shall describe the property in question, shall
set forth the written objections which were made to the
decision, and the date of filing of such objections, and shall
be signed by such party or someone in his behalf. The court
shall forthwith grant such petition if correct as to form and
filed in accordance with this chapter. [1967 c 184 § 10.]
85.15.100 Review by superior court—Transcript—
Contents—Filing. Within ten days from the filing of such
petition for review, the county treasurer, unless the court
shall grant additional time, shall file with the clerk of the
superior court its certified transcript containing such portion
of the roll as is subject to review, any written objections
thereto filed with the board by the person reviewing before
the roll was adopted, and a copy of the resolution adopting
the roll. [1967 c 184 § 11.]
85.15.110 Review by superior court—Filing fees—
Bond—Priority of cause. The county clerk shall charge the
same filing fees for petitions for review as in civil actions.
At the time of the filing of such a petition with the clerk, the
appellant shall execute and file a bond in the penal sum of
two hundred dollars, with at least two sureties, to be approved by the judge of the court, conditioned upon his
prosecuting his appeal without delay and to guarantee all
costs which may be assessed against him by reason of such
review. The court shall, on motion of either party to the
cause, with notice to the other party, set the cause for trial
at the earliest time available to the court, fixing a date for
[Title 85 RCW—page 45]
85.15.110
Title 85 RCW: Diking and Drainage
hearing and trial without a jury. The cause shall have
preference over all civil actions pending in the court except
eminent domain and forcible entry and detainer proceedings.
[1967 c 184 § 12.]
85.15.120 Review by superior court—Scope—
Judgment. At the trial the court shall determine whether
the board of county commissioners has acted within its
discretion and has correctly construed and applied the law.
If it finds that it has, the finding of the board shall be
affirmed; otherwise it shall be reversed or modified. The
judgment of the court may change, confirm, correct, or
modify the values of the property in question as shown upon
the roll, and a certified copy thereof shall be filed with the
county treasurer, who shall change, modify, or correct the
roll as and if required by the judgment. [1967 c 184 § 13.]
85.15.130 Appellate review. Appellate review may
be sought as in other civil cases: PROVIDED, That review
must be sought within fifteen days after the date of entry of
the judgment of the superior court. The supreme court or
the court of appeals may change, conform, correct, or
modify the values of the property in question as shown upon
the roll. A certified copy of any judgment of the supreme
court or the court of appeals shall be filed with the county
treasurer having custody of such roll, who shall thereupon
change, modify, or correct such roll in accordance with such
judgment as and if required. [1988 c 202 § 78; 1971 c 81
§ 163; 1967 c 184 § 14.]
Severability—1988 c 202: See note following RCW 2.24.050.
85.15.140 Levy is for continuous benefits to protected property. The dollar rate levies collected from time
to time under this chapter are solely assessments for benefits
received continuously by the protected properties, calculated
in the manner specified in this chapter as a just and equitable
way for all protected property to share the expense of such
required protection and services. [1973 1st ex.s. c 195 §
114; 1967 c 184 § 15.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.15.150 Annual estimate of costs—Levy added to
general taxes—Delinquencies—Disposition of revenue.
The board of any improvement district proceeding under this
chapter shall, on or before the first day of September of each
year, make an estimate of the costs reasonably anticipated to
be required for the effective functioning of the district during
the ensuing year and until further revenue therefor can be
made available, and shall cause its chairman or secretary to
file the same with the board of county commissioners of the
county containing the district and other benefited area. The
board of county commissioners shall, on or before the first
Monday in October next ensuing, certify the amount of the
district’s estimate, or such amount as it shall deem advisable,
to the county treasurer. The amount so certified shall be
applied by the regular taxing agencies against the benefit
valuation of lands, buildings and improvements as shown by
the then current complete roll of such properties certified to
and filed with such county treasurer by the board of county
commissioners. When thus levied, the amount of assessment
[Title 85 RCW—page 46]
produced thereby shall be added by the general taxing
authorities to the general taxes against said lands and
collected therewith as a part thereof. If unpaid, any delinquencies in such assessments shall bear interest at the same
rate and in the same manner as general taxes and they shall
be included in and be made a part of any general tax
foreclosure proceedings, according to the provisions of law
with relation to such foreclosures. As assessment collections
are made, the county treasurer shall credit the same to the
funds of the district. [1967 c 184 § 16.]
85.15.160 Emergency expenditures—Warrants. In
the case of an emergency or disaster occurring after the time
of making the annual estimate of costs, declared to be such
by resolution of the board, the board of the district may
incur additional obligations and issue valid warrants therefor
in excess of such estimate, in the manner provided by law
for issuance of warrants by districts and the servicing
thereof. All such warrants so issued shall be valid and legal
obligations of the district and its taxable lands and improvements as shown upon the then current roll of the district
filed with the county treasurer. [1967 c 184 § 17.]
85.15.170 Concurrent use of other methods of
raising revenue. Any diking, drainage, or sewerage
improvement district operating under this chapter shall not
use concurrently the processes provided for raising revenue
for maintenance purposes under any other law: PROVIDED,
That any other method of raising such revenue provided by
law may be used concurrently for the sole purpose of
extinguishing indebtedness incurred before the district adopts
the procedures of this chapter, and no funds raised hereunder
shall be used to pay such prior indebtedness. [1967 c 184
§ 18.]
Chapter 85.16
MAINTENANCE COSTS AND LEVIES—
IMPROVEMENT DISTRICTS
Sections
85.16.010
85.16.020
85.16.030
85.16.060
85.16.070
85.16.080
85.16.090
85.16.110
85.16.115
85.16.120
85.16.130
85.16.150
85.16.160
85.16.170
85.16.180
85.16.190
85.16.200
85.16.210
Definitions.
Maintenance estimate and levy.
Excess expenditures.
Determination of special benefits—Hearing.
Notice of hearing.
Appraisal of special benefits.
Factors to be considered in making appraisal—Report and
schedule.
Separate appraisals and schedules for diking and drainage
benefits.
Determining special benefit to portion of lot, tract, or parcel.
Apportionment of levy for extraordinary expenditures—
Appraisal and hearing.
Conduct of hearing on appraisers’ report—Correction, etc.,
of schedules.
Approval of schedules—Separate funds for diking, drainage
systems.
Roll of benefits—Benefits to be basis of levies.
Levy for extraordinary expenditures—Roll.
Authorizing extraordinary work—Temporary construction
warrants.
Judicial review—Regularity, validity of proceedings.
Redetermination of special benefits—Hearing.
Conduct of hearing on special benefits—Modification of
schedules—Judicial review.
(2002 Ed.)
Maintenance Costs and Levies—Improvement Districts
85.16.220
85.16.230
85.16.900
Other provisions shall apply—Exceptions.
Erroneous assessment—Correction.
Severability—1949 c 26.
85.16.010 Definitions. As used in this chapter:
(1) "Appraisers" means the board of appraisers;
(2) "Supervisors" means the district board of supervisors;
(3) "Board" means the board of county commissioners;
(4) "Auditor" means the county auditor;
(5) "Treasurer" means the county treasurer; and
(6) "Maintenance", "maintenance of the system of
improvements", "maintenance work", and other terms of
similar import, mean and include not merely operating
expenses and such upkeep and other work commonly classed
as maintenance as shall be necessary to restore and preserve
the district’s system of improvement and the machinery and
equipment operated in connection therewith in the same or
as good condition as when originally constructed and
installed, but also: (a) The making of such changes in and
betterments to the original works, improvements and installations as shall, subject to the approval of the board, be by the
supervisors deemed necessary to put the system of improvements into such condition that it shall provide adequate
drainage and protection from overflow for the lands within
the district as contemplated and intended by the original
construction and any enlargement and extension thereof
thereafter made; and (b) all costs and expenses incident to
any determination or redetermination of benefits and apportionment of costs made under the terms of this chapter.
[1949 c 26 § 1; Rem. Supp. 1949 § 4459-20.]
85.16.020 Maintenance estimate and levy. On or
before the first Monday in September in each year the
supervisors of each diking, drainage or sewerage improvement district shall make and file with the board of the
county containing such district, a statement and estimate in
writing of the amount required for the maintenance of the
system of improvements of said district for the ensuing fiscal
year. The board shall, on or before the first Monday in
October next ensuing, levy assessments for the amount of
said estimate, or such amount as it shall deem advisable,
upon the property within the district and against the state, the
county containing such district, and the cities, towns and
other municipal corporations within such district in respect
of all highways, roads and streets and other lands, improvements, and facilities chargeable therewith owned by them
respectively within such district. Said assessments shall be
levied in the same proportion as the assessments to pay the
original cost of construction of said system of improvements:
PROVIDED HOWEVER, That when a determination or
redetermination of benefits accruing to the properties within
the district from the maintenance of the district’s system of
improvements or from the maintenance of the district’s
diking system and drainage system separately shall have
been made, as hereinafter in this chapter provided, then the
assessments for maintenance shall be levied in proportion to
the benefits accruing to each piece or parcel of property and
improvements benefited according to the latest determination
of such benefits. Each such levy as made shall be certified
by the auditor to the treasurer, who shall extend the same
(2002 Ed.)
Chapter 85.16
upon the district assessment roll. [1949 c 26 § 2; Rem.
Supp. 1949 § 4459-21.]
85.16.030 Excess expenditures. In maintaining a
system of improvements of any such district the supervisors
thereof may at any time, with the approval of the county
legislative authority and upon determination by such county
legislative authority that an emergency exists, make expenditures in excess of the last annual maintenance assessments
theretofore made, which excess amount or amounts shall in
such event be included in the maintenance assessments for
the succeeding year except as otherwise herein provided.
[1986 c 278 § 33; 1983 c 167 § 197; 1949 c 26 § 3; Rem.
Supp. 1949 § 4459-22. Formerly RCW 85.16.030,
85.16.040, part and 85.16.050.]
Severability—1986 c 278: See note following RCW 36.01.010.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
85.16.060 Determination of special benefits—
Hearing. At any time and from time to time, after completion of the original construction of any such district’s
system of improvements or after the completion of any
alteration, reduction, enlargement, addition to, or other
improvement of the system not constituting maintenance, as
herein defined, the board may upon their own initiative, or
upon petition filed by at least ten percent of the total number
of owners of property within the district subject to assessments for maintenance, as shown by the latest assessment
roll of the district shall, fix a date for and hold a hearing at
the county seat for the purpose of determining or redetermining the special benefits accruing from the maintenance of the
district’s system of improvements to all property benefited
thereby. [1961 c 16 § 2. Prior: 1951 c 63 § 1; 1949 c 26
§ 4, part; Rem. Supp. 1949 § 4459-23, part.]
85.16.070 Notice of hearing. Notice of the hearing
shall be given by publication in the official county newspaper and in such other newspaper published in or near the
district as the county legislative authority may in its discretion direct, once a week for two consecutive weeks, the last
publication of which shall be not less than seven nor more
than fourteen days before the date of the hearing. Also, the
county legislative authority shall serve by mail, at least ten
days before the hearing, upon the commissioner of public
lands of the state two copies of the published notice of the
hearing together with a statement showing the amount of
benefits determined by the appraisers in respect of each
parcel of state, school, granted, or other lands owned by the
state in the district, and shall similarly serve notice of the
hearing upon the secretary of transportation, with a statement
showing the amount of benefits determined by the appraisers
in respect of any state primary or secondary highways within
the district. [1984 c 7 § 378; 1949 c 26 § 6; Rem. Supp.
1949 § 4459-25.]
Reviser’s note: The powers and duties of the commissioner of public
lands have been transferred to the department of natural resources; see 1957
c 38 §§ 1, 13; RCW 43.30.010, 43.30.130.
Severability—1984 c 7: See note following RCW 47.01.141.
[Title 85 RCW—page 47]
85.16.080
Title 85 RCW: Diking and Drainage
85.16.080 Appraisal of special benefits. At or within
two weeks of the time of fixing the date for such hearing the
board shall appoint three qualified appraisers, at least one of
whom shall be a resident of the county in which said district
is situated, who shall qualify as provided in RCW 85.08.360.
Thereupon said appraisers shall proceed immediately to
carefully examine the district’s system of improvements and
the public and private property within the district, and fairly,
justly and equitably determine and apportion the special
benefits which will accrue from the maintenance of the
district’s system of improvements to each piece or parcel of
privately and publicly owned land, together with the buildings and other permanent improvements thereon, and to the
state, county, cities, towns and other municipal corporations
for their roads and streets and other property within the
district. The fact that any such property shall be exempt
from general taxes shall not exempt the same from the
provisions hereof. [1961 c 16 § 3. Prior: 1949 c 26 § 4,
part; Rem. Supp. 1949 § 4459-23, part.]
85.16.090 Factors to be considered in making
appraisal—Report and schedule. The appraisers shall
carefully consider and take into account all factors, situations
and conditions which lawfully may be taken into consideration as bearing upon and determining such benefits and to
that end may make such investigations, hold such hearings,
and receive such evidence as they may deem proper and
shall file their sworn report, with a complete schedule of all
property within the district and the special benefits determined by them as accruing to each piece and parcel thereof,
not less than twenty days prior to the date fixed for the
hearing by the board. [1949 c 26 § 5; Rem. Supp. 1949 §
4459-24. Formerly RCW 85.16.090 and 85.16.100.]
85.16.110 Separate appraisals and schedules for
diking and drainage benefits. In a district which functions
both as a diking and a drainage improvement district, the
appraisers, if so directed in the order of the board appointing
them, shall determine separately, in accordance with RCW
85.16.060 and 85.16.080, the special benefits accruing to the
various properties within the district from the maintenance
of the diking system and from the maintenance of the
drainage system, and in such case their report shall contain
separate schedules of the respective benefits accruing from
the maintenance of the diking and drainage systems of
improvement considered separately and, so far as may be,
independently of each other. [1961 c 16 § 4; 1949 c 26 § 7;
Rem. Supp. 1949 § 4459-26.]
85.16.115 Determining special benefit to portion of
lot, tract, or parcel. When any person applies to the county
treasurer to pay the diking, drainage or sewerage improvement district assessments upon a portion of a lot, tract or
parcel upon which special benefits have been confirmed, the
county treasurer shall refer such matter to the county
engineer for investigation. The county engineer shall
apportion the total benefits found as to such lot, tract or
parcel between the portions thereof in such manner as may
be fair, just and equitable taking into account all factors,
situations and conditions which may be lawfully taken into
consideration in determining such special benefits. Unless
[Title 85 RCW—page 48]
the several owners interested in said lot, tract or parcel
assent to the apportionment so made, the county engineer
shall give notice to the apportionment by mail to them, if
known. Upon assent of the interested owners or after the
expiration of five days from the date of notice without the
filing of a written protest to the apportionment, the county
engineer shall certify in writing the apportioned benefit
valuations to the county treasurer. The county treasurer,
upon receipt of such certification, shall accept payment and
issue receipt on the certified apportionment. If a written
protest to such apportionment is filed with the county
treasurer, the matter shall be heard by the county commissioners at their next regular session for final apportionment
and the county treasurer shall accept and receipt for such
assessments as determined and ordered by the county
commissioners. [1951 c 63 § 4.]
County road engineer: Chapter 36.80 RCW.
District engineer: RCW 85.08.010.
85.16.120 Apportionment of levy for extraordinary
expenditures—Appraisal and hearing. Whenever the
board shall provide that a levy to meet extraordinary
maintenance expenditures shall be spread over a term of
years and warrants or bonds issued as provided in RCW
85.16.030, said board shall fix a date for and hold a hearing
and appoint appraisers as provided in RCW 85.16.060 and
85.16.080. Said appraisers, in addition to discharging the
duties imposed upon the appraisers by RCW 85.16.060,
85.16.080 and 85.16.090, shall: (1) Apportion the estimated
costs of such extraordinary maintenance work to the properties within the district in proportion to the benefits accruing
to said properties from the maintenance of the district’s
system of improvements as determined by them; and (2) file
a complete schedule of said apportionment of costs with the
board. [1961 c 16 § 5; 1949 c 26 § 8; Rem. Supp. 1949 §
4459-27.]
85.16.130 Conduct of hearing on appraisers’
report—Correction, etc., of schedules. At the hearing
upon the report of the appraisers, which may be adjourned
from time to time until finally completed, the board shall
carefully examine and consider the special benefits and the
apportionment of estimated costs determined by the appraisers and reported in the schedule or schedules, and any
objections thereto which shall have been made in writing and
filed with the board on or prior to ten o’clock a.m. of the
date fixed for such hearing. Each objector shall be given
reasonable time and opportunity to submit evidence and be
heard on the merits of his objections. At the conclusion of
such hearing, the board shall so correct, revise, raise, lower,
change or modify such schedule or schedules, or any part
thereof, or strike therefrom any property not specially
benefited, as to said board shall appear equitable and just.
The board shall cause the clerk of the board to enter on each
such schedule or schedules all such additions, cancellations,
changes and modifications made by it. [1949 c 26 § 9;
Rem. Supp. 1949 § 4459-28. Formerly RCW 85.16.130 and
85.16.140.]
85.16.150 Approval of schedules—Separate funds
for diking, drainage systems. When the board shall have
(2002 Ed.)
Maintenance Costs and Levies—Improvement Districts
determined that the schedule or schedules of benefits and/or
apportionment of costs as filed or as changed and modified
by it are fair, just and equitable and, if estimated costs have
been apportioned, that said benefits equal or exceed said
costs apportioned, the members of the board approving the
same shall sign said schedule or schedules and cause the
clerk of the board to attest their signatures under his seal,
and shall enter an order in the journal approving and
confirming the final determination of such benefits and
apportionment of costs and all proceedings leading thereto
and in connection therewith. If separate schedules be
established for maintenance of the diking system and of the
drainage system, the board shall by order establish two
separate maintenance funds, one for the maintenance of the
diking system and one for the maintenance of the drainage
system. [1949 c 26 § 10; Rem. Supp. 1949 § 4459-29.]
85.16.160 Roll of benefits—Benefits to be basis of
levies. Upon the approval and final determination of
benefits the auditor shall immediately prepare a completed
roll thereof, which shall contain a copy of the order of the
board approving and confirming said benefits as finally
determined, and shall deliver said roll to the treasurer. Said
benefits shall be the basis for the apportionment and collection of maintenance levies thereafter made by the board.
[1949 c 26 § 11; Rem. Supp. 1949 § 4459-30.]
85.16.170 Levy for extraordinary expenditures—
Roll. Upon the approval and final determination of the
apportionment of estimated costs of extraordinary maintenance expenditures as provided in RCW 85.16.120 and
85.16.130, the board shall levy the amounts so apportioned
against all the properties benefited and the amounts assessed
against the state, county, cities and towns, and other municipal corporations benefited, and the auditor shall immediately
prepare a completed roll thereof, which shall contain a copy
of the order of the board approving and confirming said
apportionment of estimated costs as finally determined and
fixing and levying the assessments therefor, and shall deliver
said roll to the treasurer for collection in accordance with the
order of the board. [1949 c 26 § 12; Rem. Supp. 1949 §
4459-31.]
85.16.180 Authorizing extraordinary work—
Temporary construction warrants. The county legislative
authority shall thereupon enter an order authorizing the
contemplated extraordinary maintenance work to be done
and authorizing the issuance of temporary construction warrants to pay the cost of said work as it progresses, which
warrants may bear interest at such rate or rates of interest as
the county legislative authority shall determine. Warrants to
pay the costs of such extraordinary maintenance may be
issued and sold at one time or from time to time and in such
series and amounts as may be found practicable and as
determined by the board. [1986 c 278 § 34; 1983 c 167 §
198; 1970 ex.s. c 56 § 92; 1969 ex.s. c 232 § 54; 1949 c 26
§ 13; Rem. Supp. 1949 § 4459-32. Formerly RCW
85.16.040 and 85.16.180.]
Severability—1986 c 278: See note following RCW 36.01.010.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
85.16.150
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
85.16.190 Judicial review—Regularity, validity of
proceedings. The decision of the board upon any objections
to the determination of benefits and/or apportionment of
costs and/or the levy of the assessments therefor, made
within the time and in the manner prescribed in RCW
85.16.130, may be reviewed by the superior court of the
county in which the district is situated and thereafter by the
supreme court or the court of appeals within the time and in
the manner and upon the conditions, so far as applicable,
provided in RCW 85.08.440, with respect to appeals from
and appellate review of the board’s apportionment of the
cost of construction of the district’s system of improvements.
The provisions of RCW 85.08.450, shall be controlling as to
the regularity, validity, and conclusiveness of all the proceedings hereunder. [1988 c 202 § 79; 1971 c 81 § 164;
1949 c 26 § 14; Rem. Supp. 1949 § 4459-33.]
Severability—1988 c 202: See note following RCW 2.24.050.
85.16.200 Redetermination of special benefits—
Hearing. Whenever, after the determination of special
benefits accruing from the maintenance of the district’s
system of improvements, it appears to the board from a petition filed by the affected property owner or owners or otherwise, that by reason of permanent improvements or additions
made, removed, abandoned or destroyed by fire or other
casualty, or of other changes in the character or condition of
the property, the benefits theretofore determined in respect
to any one or more pieces or parcels of property are no
longer fair, just and equitable, then the board shall appoint
three appraisers who shall qualify as in RCW 85.08.360
hereof. Said appraisers shall proceed immediately to
carefully examine the pieces or parcels of property as to
which since the last determination of special benefits thereto
there have been permanent improvements or additions made,
removed, abandoned or destroyed by fire or other casualty
or other changes in the character or condition of the property. Said appraisers shall file their sworn report with the
board setting forth the special benefits determined by them
as accruing to each piece and parcel of property examined
by them not less than ten days prior to the date of hearing.
The board shall hold a hearing thereon at the county seat at
the time of equalization of the real property assessment and
shall give notice thereof as provided in RCW 85.16.070.
[1951 c 63 § 2; 1949 c 26 § 15; Rem. Supp. 1949 § 445934.]
85.16.210 Conduct of hearing on special benefits—
Modification of schedules—Judicial review. At such hearing, which may be adjourned from time to time as may be
necessary to give all persons interested or affected a reasonable opportunity to be heard, and after consideration of all
evidence offered and all factors, situations and conditions
bearing upon or determinative of the benefits accruing and
to accrue to such pieces or parcels of property, the board
shall correct, revise, raise, lower, or otherwise change or
confirm the benefits as theretofore determined, in respect of
such pieces or parcels of property, as to it shall seem fair,
[Title 85 RCW—page 49]
85.16.210
Title 85 RCW: Diking and Drainage
just and equitable under the circumstances, and thereafter
such proceedings shall be had with respect to the confirmation or determination of the benefits and making and filing
of a roll thereof, as are in RCW 85.16.130, 85.16.150 and
85.16.160 provided. Any property owner affected by any
change thus made in the determination of benefits accruing
to his property who shall have appeared at the hearing by the
board and made written objections thereto as provided in
RCW 85.16.130, may appeal from the action of the board to
the superior court and seek appellate review by the supreme
court or the court of appeals, within the time, in the manner
and upon the conditions, so far as applicable, provided in
RCW 85.08.440, with respect to appeals from the order of
the board confirming the apportionment of the original cost
of construction. [1988 c 202 § 80; 1971 c 81 § 165; 1949
c 26 § 16; Rem. Supp. 1949 § 4459-35.]
Severability—1988 c 202: See note following RCW 2.24.050.
85.16.220 Other provisions shall apply—Exceptions.
The provisions of *RCW 85.08.280, 85.08.310, 85.08.320,
85.08.420, 85.08.430, and 85.08.480 through 85.08.520, shall
be deemed and hereby are made a part of this chapter insofar
as they may be applicable hereto, except that the unpaid
assessments or installments thereof, which may have been
levied for extraordinary maintenance costs as provided in
RCW 85.16.170, shall bear interest at a rate determined by
the county legislative authority. [1981 c 156 § 25; 1949 c
26 § 17; Rem. Supp. 1949 § 4459-36.]
*Reviser’s note: RCW 85.08.280 was repealed by 1986 c 278 § 46.
85.16.230 Erroneous assessment—Correction.
Whenever any payer of a diking, drainage, or sewerage
improvement district maintenance assessment believes that,
through obvious error in name, number, description, amount
of benefit valuation, double assessment, or extension, or
other obvious error, property on which he has paid an
assessment has been erroneously assessed, he may pay such
assessment under protest. If, within thirty days after such
payment under protest, he files with the board a written
verified petition setting out his name, address and legal
description of the property, the nature of the obvious error
alleged to have been made, and the date and amount of any
assessment paid thereon, the board shall cause such claim to
be investigated. If upon investigation any assessment is
found to be erroneous through obvious error, the board shall
order such assessment to be corrected if no bond or long
term warrant issue is affected. Where correction is ordered
of an erroneous assessment already collected, the auditor,
upon receipt of a certified copy of the board’s order of
correction, shall refund to the person paying the assessment
the difference between the correct assessment and the erroneous assessment, plus legal interest on such difference from
date of payment, by a warrant drawn on the maintenance
fund of the district. [1951 c 63 § 3.]
85.16.900 Severability—1949 c 26. The adjudication
of invalidity of any section, clause or part of a section of
this act shall not impair or otherwise affect the validity of
this act as a whole, or any other part hereof. [1949 c 26 §
19.]
[Title 85 RCW—page 50]
Chapter 85.18
LEVY FOR CONTINUOUS BENEFITS—DIKING
DISTRICTS
Sections
85.18.005
85.18.010
85.18.020
85.18.030
85.18.040
85.18.050
85.18.060
85.18.070
85.18.080
85.18.090
85.18.100
85.18.110
85.18.120
85.18.130
85.18.140
85.18.150
85.18.160
85.18.170
85.18.180
85.18.900
Declaration of purpose.
Levy for continuous benefits authorized—Base benefits.
Roll of protected property.
Hearing on roll—Determining continuous base benefit.
Notice of hearing.
Procedure on hearing—Objections.
Additional roll as to particular property—Procedure.
Roll to be certified and filed.
Roll to provide basis for levy.
Roll and proceedings conclusive—Exceptions—Right to
injunction.
Review by superior court—How taken.
Review by superior court—Transcript—Contents—Filing.
Review by superior court—Filing fee—Bond—Priority of
cause.
Review by superior court—Scope—Judgment.
Appellate review.
Levy is for continuous benefits only.
Annual estimate of costs—Levy as part of general taxes.
Emergency expenditures—Warrants.
Levy is exclusive method for raising revenue—Exception.
Severability—1951 c 45.
85.18.005 Declaration of purpose. The state declares
that it has an interest in protecting and preserving productive
land and buildings needed to make business function
continuously. Where organized diking districts, through their
improvements, have reclaimed land or protected it from
overflow and have enabled erection of improvements thereon
or have furnished such land and buildings protection against
flood water, it is necessary to provide a just and equitable
method to enable such diking districts continuously to
function effectively. It is declared that there is a direct
relationship, where such conditions exist, between the
continuous functioning of such districts and the fair value of
the lands and buildings thereon, or to be erected thereon,
thus afforded protection. [1951 c 45 § 1.]
85.18.010 Levy for continuous benefits authorized—
Base benefits. When any diking district has been organized
and the improvements made afford protection to land and
buildings within such district against damage or destruction
from overflow waters in that the level of the land and of the
foundational structures of buildings thereon is below the
water level at flood or high tide stages of the waters, fresh
or salt, against which such district improvements furnished
protection, the board of diking commissioners of such
district may, under the procedure established in this chapter,
determine such fact and by resolution so declare; and may
provide that the cost of continued functioning of the district
shall be paid through levies of dollar rates made and
collected according to this chapter against the land and
buildings thus protected, based upon the determined base
benefits received by such land and buildings. [1973 1st ex.s.
c 195 § 115; 1951 c 45 § 2.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.18.020 Roll of protected property. To operate
under this chapter, the board shall cause to be prepared and
(2002 Ed.)
Levy for Continuous Benefits—Diking Districts
filed with it a roll containing descriptions of the land and
buildings thereon within the district to which its improvements furnish the nature of protection set forth in RCW
85.18.010. The roll shall show descriptions of the land and
the name of its owner, or reputed owner, and such owner’s
address, as shown upon the tax roll of the treasurer of the
county wherein the property is located, and the determined
value of such land and any buildings thereon as last assessed
and equalized by the taxing agencies of such county. [1951
c 45 § 3.]
85.18.030 Hearing on roll—Determining continuous
base benefit. After the roll is prepared the board shall give
notice of a time and place at which the board will hold a
public hearing to determine whether the facts and conditions
heretofore recited in this chapter as a prerequisite to its
application do or do not exist, and if so found to exist by
said board at said hearing, then the board shall by resolution
so declare. The notice shall also state that at said hearing,
or any continuance thereof, the board will sit to consider said
roll and to determine the continuous base benefits which
each of the properties thereon are receiving and will receive
from the continued operation and functioning of such district,
which shall in no instance exceed one hundred percent of
the true and fair value of such property in money, will
consider all objections made thereto or to any part thereof,
and will correct, revise, lower, change, or modify such roll
as shall appear just and equitable; that when correct benefits
are fixed upon said roll by said board, it will adopt said roll
by resolution as establishing, until modified as hereinafter
provided, the continuous base benefit to said protected lands
and buildings against which will be levied and collected
dollar rates to provide funds for the continuous functioning
of said district. [1973 1st ex.s. c 195 § 116; 1951 c 45 § 4.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.18.020
objection. Objections not made within the time and in the
manner herein prescribed shall be conclusively presumed to
have been waived. [1951 c 45 § 6.]
85.18.060 Additional roll as to particular property—Procedure. The board shall, from time to time,
examine the properties within said district, and if it finds that
any protected land or buildings thereon have been omitted
from the existing roll, or new buildings have been added to
lands, or the condition of land or buildings has changed, and
in the initial judgment of the board such land or the buildings thereon was such that it was furnished the protective
benefits of the improvements of the district, the board shall
cause at each such time an additional roll of such property
to be filed with it, and hold a hearing to determine and make
such corrections, additions, alterations and modifications of
the benefits to such property only, and to hear any objections
filed as to such property only. The board shall give notice
of such hearing to the owner, or reputed owner, of the
property involved, at the address of such owner as then
shown on the tax rolls of the treasurer of the county wherein
the property is located, in the same way and manner as
herein provided for consideration of the original roll, but
such notice need not be published.
At the hearing, or any adjournment thereof, the board
shall have power to correct, revise, change, modify, or set
aside such roll, or any part thereof, as shall be deemed just
and equitable, and then adopt the same by resolution. [1951
c 45 § 7.]
85.18.070 Roll to be certified and filed. When any
roll or additional or supplemental roll be adopted by the
board of commissioners, the same shall be certified to, and
filed with, the auditor of the county wherein the property
contained on said roll is situated, and shall supplement said
original roll. [1951 c 45 § 8.]
85.18.040 Notice of hearing. The notice of the time
and place of hearing shall be given to any owner, or reputed
owner, of the property which is listed on the roll as aforesaid, by mailing a copy thereof at least thirty days before the
date fixed for the hearing to the owner or owners at his or
their address as shown on the tax rolls of the county treasurer for the property described. In addition thereto, the notice
shall be published at least once a week for three consecutive
weeks in a newspaper of general circulation in the district.
At least fifteen days must elapse between the last date of
publication thereof and the date fixed for the hearing. [1985
c 469 § 76; 1951 c 45 § 5.]
85.18.080 Roll to provide basis for levy. Until
further modified, amended, or changed by an additional or
supplemental roll certified to the county auditor after the
foregoing procedure is had, the original roll, as modified or
supplemented, if the same is done, shall serve as the base of
benefits to the land and buildings protected by the improvement system of said district against which dollar rate is
levied and collected from time to time for the continued
functioning of said diking district. [1973 1st ex.s. c 195 §
117; 1951 c 45 § 9.]
85.18.050 Procedure on hearing—Objections. At
said hearing, or adjournments thereof, the board shall review
said roll and determine the continuous base benefits to land
and buildings furnished continuous protection by the improvement system of the district; hear objections to the
adoption of said roll; correct, revise, change, modify or set
aside such roll, or any part thereof, as to the board shall
appear equitable and just; and then adopt the same by resolution. All objections to this or any subsequent roll must be
in writing and filed with the board during the hearing before
the roll is adopted and must state clearly the grounds of
85.18.090 Roll and proceedings conclusive—
Exceptions—Right to injunction. Whenever any roll shall
have been adopted by the board of commissioners, the
regularity, validity and correctness of the proceedings relating thereto shall be conclusive upon all parties, and it
cannot in any manner be contested or questioned in any
proceeding whatsoever by any person not filing written
objections to such roll as provided in RCW 85.18.050 and
appealing from the action of the board in confirming such
roll in the manner and within the time in this chapter
provided. No proceeding of any kind, except proceedings
(2002 Ed.)
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
[Title 85 RCW—page 51]
85.18.090
Title 85 RCW: Diking and Drainage
had through the process of appeal as in this chapter provided, shall be commenced or prosecuted or may be maintained, for the purpose of defeating or contesting any
assessment or charge made through levies under this chapter,
or the sale of any property to pay such charges: PROVIDED, HOWEVER, That suit in injunction may be brought to
prevent collection of charges of assessments or sale of
property thereunder upon the following grounds and no
other:
(1) That the property charged or about to be sold does
not appear upon the district roll filed with the county auditor,
or
(2) The charge has been paid. [1951 c 45 § 10.]
85.18.100 Review by superior court—How taken.
The decision of the board of commissioners upon any
objection made within the time and in the manner prescribed
may be reviewed by the superior court of the county wherein
the property in question is located, upon appeal thereto taken
in the following manner: Any person aggrieved must file his
petition for writ of review with the clerk of the superior
court wherein the property is located within ten days after
the roll affecting such aggrieved party was adopted by
resolution, and serve a copy thereof upon the commissioners.
The petition shall describe the property in question, set forth
the written objections which were made to the decision, the
date of filing of such objections, and be signed by such party
or one in his behalf. The court shall forthwith grant such
petition if correct as to form and filed in accordance with
this chapter. [1951 c 45 § 11.]
85.18.110 Review by superior court—Transcript—
Contents—Filing. Within ten days from the filing of such
petition for review, the commission, unless the court shall
grant additional time, shall file with the clerk of such court
its certified transcript containing such portion of the roll as
is subject to review, any written objections thereto filed with
the board by the person reviewing before said roll was
adopted, and a copy of the resolution adopting the roll.
[1951 c 45 § 12.]
85.18.120 Review by superior court—Filing fee—
Bond—Priority of cause. The county clerk shall charge the
same filing fees for petitions for review as in civil actions.
At the time of the filing of such petition with the clerk, the
appellant shall execute and file a bond in the penal sum of
two hundred dollars, with at least two sureties, to be approved by the judge of said court, conditioned upon his
prosecuting his appeal without delay and to guarantee all
costs which may be assessed against him by reason of such
review. The court shall, on motion of either party to the
cause, with notice to the other party, set said cause for trial
at the earliest time available to the court, fixing a date for
hearing and trial without a jury. Said cause shall have
preference over all civil actions pending in said court except
eminent domain and forcible entry and detainer proceedings.
[1951 c 45 § 13.]
85.18.130 Review by superior court—Scope—
Judgment. At the trial the court shall determine whether
the board has acted within its discretion and has correctly
[Title 85 RCW—page 52]
construed and applied the law. If it finds that it has, the
finding of the board shall be affirmed; otherwise it shall be
reversed or modified. The judgment of the court may
change, confirm, correct, or modify the values of the
property in question as shown upon the roll, and a certified
copy thereof shall be filed with the county auditor, who shall
change, modify or correct as and if required. [1951 c 45 §
14.]
85.18.140 Appellate review. Appellate review may
be sought as in other civil cases: PROVIDED, HOWEVER,
That review must be sought within fifteen days after the date
of entry of the judgment of the superior court. The supreme
court or the court of appeals, on such appeal, may change,
confirm, correct or modify the values of the property in
question as shown upon the roll. A certified copy of any
judgment of the supreme court or the court of appeals shall
be filed with the county auditor having custody of such roll,
who shall thereupon change, modify, or correct such roll in
accordance with such decision if required. [1988 c 202 §
81; 1971 c 81 § 166; 1951 c 45 § 15.]
Severability—1988 c 202: See note following RCW 2.24.050.
85.18.150 Levy is for continuous benefits only. The
dollar rate levy returns collected from time to time under this
chapter are solely assessments for benefits received continuously by the protected properties, calculated in the manner
specified in this chapter as a just and equitable way for all
protected property to share the expense of such required
protection. [1973 1st ex.s. c 195 § 118; 1951 c 45 § 16.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.18.160 Annual estimate of costs—Levy as part of
general taxes. The board of commissioners of any diking
district proceeding under this chapter shall, on or before the
first day of November of each year, make an estimate of the
costs reasonably anticipated to be required for the effective
functioning of such district during the ensuing year and until
further revenue therefor can be made available, and cause its
chairman or secretary to certify the same on or before said
date to the county auditor, and the amount so certified shall
be levied by the regular taxing agencies against the base
benefits to the lands and buildings within such district as
shown by the then current complete roll of such properties
and the determined benefits thereto as therefore certified to
and filed with such county auditor by the commissioners of
such district. When thus levied, the amount of assessment
produced thereby shall be added by the general taxing
authorities to the general taxes against said lands and
collected therewith as a part thereof. If unpaid, any delinquencies in such assessments shall bear interest at the same
rate and in the same manner as general taxes and they shall
be included in and be made a part of any general tax foreclosure proceedings, according to the provisions of law with
relation to such foreclosures. As assessment collections are
made, the county treasurer shall credit the same to the funds
of such district. [1951 c 45 § 17.]
85.18.170 Emergency expenditures—Warrants. In
the case of an emergency or disaster not in contemplation at
(2002 Ed.)
Levy for Continuous Benefits—Diking Districts
the time of making the annual estimate of costs, declared to
be such by resolution of such board, the diking commissioners may incur additional obligations and issue valid warrants therefor in excess of such estimate, in the manner
provided by law for issuance of warrants by diking districts
and the servicing thereof, and all such warrants so issued
shall be valid and legal obligations of such district and its
taxable lands and improvements as shown upon the then
current roll of said district filed with the county auditor.
[1951 c 45 § 18.]
85.18.180 Levy is exclusive method for raising
revenue—Exception. Any diking district operating under
this chapter shall not use the processes provided for raising
revenue under any other law: PROVIDED, That any such
other method of raising revenue provided by law may be
used concurrently for the sole purpose of extinguishing
indebtedness incurred before the district adopts the procedure
of this chapter, and no funds raised hereunder shall be used
to pay such prior indebtedness. [1951 c 45 § 19.]
85.18.900 Severability—1951 c 45. Should any
section or provision of this act be declared unconstitutional
or ineffectual, such action shall not affect or nullify any
other provision or section thereof. [1951 c 45 § 20.]
85.18.170
diking improvement district. [1917 c 131 § 2; RRS § 4348.
FORMER PART OF SECTION: 1933 c 182 § 2 now
codified as RCW 85.22.020.]
85.20.030 Elections—Notice—Publication—Costs.
Whenever a petition is presented as provided in RCW
85.20.020, the county legislative authority shall order an
election to be held to determine if the district shall be
reorganized. The county legislative authority shall specify
the election date which may or may not be at the normal
special district general election. Notice of the election shall
be posted and published, and the election shall be conducted,
as for any special district election. The notice shall state the
number of the district so petitioning to reorganize, the place
where and the time when the election is to be held. The
auditor shall certify the results of the election to the county
legislative authority. If the proposition to reorganize the
district is approved by a simple majority vote of the voters
voting on the proposition, the district shall be reorganized as
either a diking improvement district or drainage improvement district upon the county legislative authority ordering
the reorganization. The district shall be liable to the county
for its costs incurred for the election. [1985 c 396 § 48;
1917 c 131 § 3; RRS § 4349. FORMER PART OF SECTION: 1933 c 182 § 3 now codified as RCW 85.22.030.]
Severability—1985 c 396: See RCW 85.38.900.
Chapter 85.20
REORGANIZATION OF DISTRICTS INTO
IMPROVEMENT DISTRICTS—1917 ACT
Sections
85.20.010
85.20.020
85.20.030
85.20.050
85.20.070
85.20.120
85.20.140
85.20.150
Reorganization authorized.
Petition to reorganize—Contents.
Elections—Notice—Publication—Costs.
Reorganized district—Board—Indebtedness not affected.
Refunding bonds.
Sale and issuance of refunding bonds.
Powers of board.
Extensions to compensate for inadequate benefits—Payment.
85.20.010 Reorganization authorized. Any drainage
district or diking district organized under the provisions of
chapter 115 or chapter 117 of the Laws of 1895, and the acts
amendatory thereof, may be reorganized as a drainage
improvement district or a diking improvement district, upon
proceedings had in accordance with the provisions of this
chapter. [1917 c 131 § 1; RRS § 4347. FORMER PART
OF SECTION: 1933 c 182 § 1, now codified as RCW
85.22.010.]
Reviser’s note: Chapter 115, Laws of 1895 referred to herein is the
basic diking district act codified as chapter 85.06 RCW, Part I, and chapter
117, Laws of 1895 is the basic drainage district act codified as chapter
85.05 RCW.
85.20.020 Petition to reorganize—Contents. For the
purpose of securing such reorganization, a petition shall be
presented to the clerk of the board of county commissioners
of the county in which such district is located, at a regular
or special meeting of the board. The petition shall be signed
by the board of commissioners of the district and shall state
the number of the district seeking to reorganize, and shall
pray that such district be reorganized as a drainage or a
(2002 Ed.)
85.20.050 Reorganized district—Board—
Indebtedness not affected. The board of commissioners of
the drainage or diking district shall constitute the board of
supervisors of the reorganized district. From the entry of an
order under RCW 85.20.030 reorganizing the district, such
reorganized district, and its board of supervisors, shall have
all the rights and powers of and be subject to all laws
applicable to a diking or drainage improvement district, and
such district so reorganized shall be dissolved without any
further proceedings therefor. Notwithstanding such dissolution and reorganization, none of the outstanding bonds,
warrants or other indebtedness of the district, shall be
affected thereby; and all lands liable to be assessed to pay
any of such bonds, warrants or other indebtedness shall
remain liable to the same extent as if such reorganization
had not been made, and any and all assessments theretofore
levied or made against any such lands shall be and remain
unimpaired and shall be collected in the same manner as if
no such reorganization had been had. The legislative
authority of the county in which such reorganized district is
situated shall have all the powers possessed at the time of
the reorganization by the board of commissioners of such
district to levy, assess, and cause to be collected any and all
assessments or charges against any of the lands within such
district that may be necessary or required to provide funds
for the payment of all the bonds, warrants and other indebtedness thereof. [1985 c 396 § 49; 1917 c 131 § 5; RRS §
4351. FORMER PART OF SECTION: 1933 c 182 § 5,
part, now codified in RCW 85.22.050. Formerly RCW
85.20.050, part and 85.20.060, part.]
Severability—1985 c 396: See RCW 85.38.900.
85.20.070 Refunding bonds. Whenever in any
district reorganized under the provisions of this chapter any
[Title 85 RCW—page 53]
85.20.070
Title 85 RCW: Diking and Drainage
bonds issued prior to such reorganization shall become
payable and the county legislative authority determines that
it is in the interest of the property owners of the district to
have refunding bonds issued, the county legislative authority
may authorize the district to issue refunding bonds in
accordance with chapter 85.38 RCW. [1986 c 278 § 35;
1917 c 131 § 6; RRS § 4352. FORMER PART OF SECTION: 1933 c 182 § 6, now codified as RCW 85.22.060.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.20.120 Sale and issuance of refunding bonds.
Upon the expiration of thirty days from the first publication
of the notice given by the treasurer as provided herein, the
county legislative authority of the county in which all or the
major part of the district is located may issue and sell
refunding bonds of the district subject to chapter 85.38
RCW. [1986 c 278 § 36; 1917 c 131 § 11; RRS § 4357.
FORMER PART OF SECTION: 1933 c 182 § 11 now
codified as RCW 85.22.110.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.20.140 Powers of board. The board of county
commissioners shall have all the powers possessed by the
board of commissioners of any district reorganized under the
provisions of this chapter prior to such reorganization, to
levy assessments for the payment of the interest on any other
bonds of the district not then payable and refunded under the
provisions of this chapter, and to levy assessments to provide
a sinking fund for the liquidation of such bonds at their
maturity. Such assessments shall be called and collected in
the manner provided by the law under which they were
assessed, and such bonds shall be paid as provided by the
law under which they were issued. Proper funds shall be
established in the county treasury for the proceeds of the
payments of such assessments, and such funds shall be
applied to the payment of the bonds for the payment of
which they were levied. [1917 c 131 § 13; RRS § 4359.
FORMER PART OF SECTION: 1933 c 182 § 13 now
codified as RCW 85.22.130.]
85.20.150 Extensions to compensate for inadequate
benefits—Payment. Whenever in any district reorganized
under the provisions of this chapter, extensions or additions
are made to the system of improvements of the district to
provide drainage or protection from overflow for lands
previously found benefited and assessed for the construction
of the original system of improvement which are not
receiving benefits therefrom in proportion to the benefits
found and the assessments levied against such lands, the
costs of such extensions or additions shall be included as a
cost of maintenance of the improvements of the district and
shall be levied and collected in the manner provided for the
levy and collection of such costs. [1917 c 131 § 14; RRS §
4360. FORMER PART OF SECTION: 1933 c 182 § 14
now codified as RCW 85.22.140.]
Chapter 85.22
REORGANIZATION OF DISTRICTS INTO
IMPROVEMENT DISTRICTS—1933 ACT
Sections
85.22.010
85.22.020
85.22.030
85.22.050
85.22.060
85.22.130
85.22.140
Reorganization authorized.
Petition to reorganize—Contents.
Elections—Notice—Publication—Costs.
Reorganized district—Commissioners retained, powers—
Effect of reorganization.
Refunding bonds.
Powers of board.
Extensions to compensate for inadequate benefits—Payment.
85.22.010 Reorganization authorized. Any diking
district; drainage district; irrigation improvement district;
intercounty diking and drainage district; diking, drainage,
and/or sewerage improvement district; consolidated diking
district, drainage district, diking improvement district, and/or
drainage improvement district; or flood control district may
reorganize as a drainage and irrigation improvement district
or as a diking, drainage and irrigation improvement district
in the manner provided in this chapter. [1993 c 464 § 1;
1933 c 182 § 1; RRS § 4477-1. Formerly RCW 85.20.010,
part.]
85.22.020 Petition to reorganize—Contents. For the
purpose of securing such reorganization, a petition shall be
presented to the clerk of the board of county commissioners
of the county in which such district is located, at a regular
or special meeting of the board. The petition shall be signed
by the board of commissioners of the district and shall state
the number of the district seeking to reorganize, and shall
pray that such district be reorganized as a drainage and
irrigation improvement district or diking, drainage and irrigation improvement district. [1933 c 182 § 2; RRS § 4477-2.
Formerly RCW 85.20.020, part.]
85.22.030 Elections—Notice—Publication—Costs.
Whenever a petition is presented as provided in RCW
85.22.020, the county legislative authority shall order an
election to be held to determine if the district shall be
reorganized. The county legislative authority shall specify
the election date which may or may not be the same as the
regular special district general election. Notice of the
election shall be posted and published, and the election shall
be conducted, as for any special district election. The notice
shall state the number of the district so petitioning to
reorganize, the place where and the time when the election
is to be held. The auditor shall certify the results of the
election to the county legislative authority. If the proposition
to reorganize the district is approved by a simple majority
vote of the voters voting on the proposition, the district shall
be reorganized as either a diking improvement district or
drainage improvement district upon the county legislative
authority ordering the reorganization. The district shall be
liable to the county for its costs incurred for the election.
[1985 c 396 § 50; 1933 c 182 § 3; RRS § 4477-3. Formerly
RCW 85.20.030, part.]
Severability—1985 c 396: See RCW 85.38.900.
[Title 85 RCW—page 54]
(2002 Ed.)
Reorganization of Districts Into Improvement Districts—1933 Act
85.22.050 Reorganized district—Commissioners retained, powers—Effect of reorganization. The commissioners of the old district shall become the supervisors of
the reorganized district and shall have all the rights and
powers and be subject to all laws applicable to a diking or
drainage improvement district. The supervisors shall also
have the power of using such drainage ditches and equipment in the district for irrigation purposes at proper times
and may adapt such ditches to such purposes by making the
necessary improvements therein. The supervisors shall also
have the right to purchase and install machinery, pumps and
other equipment for the carrying on of such irrigation within
the district. Notwithstanding such dissolution and reorganization, none of the outstanding bonds, warrants or other
indebtedness of the district, shall be affected thereby; and all
lands liable to be assessed to pay any of such bonds,
warrants or other indebtedness shall remain liable to the
same extent as if such reorganization had not been made,
and any and all assessments theretofore levied or made
against any such lands shall be and remain unimpaired and
shall be collected in the same manner as if no such reorganization had been had. The legislative authority of the county
in which such reorganized district is situated shall have all
the powers possessed at the time of the reorganization by the
board of commissioners of such district to levy, assess, and
cause to be collected any and all assessments or charges
against any of the lands within such district that may be
necessary or required to provide funds for the payment of all
the bonds, warrants and other indebtedness thereof. [1985
c 396 § 51; 1933 c 182 § 5; RRS § 4477-5. Formerly RCW
85.20.050, part and 85.20.060, part.]
Severability—1985 c 396: See RCW 85.38.900.
85.22.060 Refunding bonds. Whenever in any
district reorganized under the provisions of this chapter any
bonds issued prior to such reorganization shall become
payable and the county legislative authority determines that
it is in the interest of the property owners of the district to
have refunding bonds issued, the county legislative authority
may authorize the district to issue refunding bonds in
accordance with chapter 85.38 RCW. [1986 c 278 § 37;
1933 c 182 § 6; RRS § 4477-6. Formerly RCW 85.20.070,
part.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.22.130 Powers of board. The board of county
commissioners shall have all the powers possessed by the
board of commissioners of any district reorganized under the
provisions of this chapter prior to such reorganization, to
levy assessments for the payment of the interest on any other
bonds of the district not then payable and refunded under the
provisions of this chapter, and to levy assessments to provide
a sinking fund for the liquidation of such bonds at their
maturity. Such assessments shall be called and collected in
the manner provided by the law under which they were
assessed, and such bonds shall be paid as provided by the
law under which they were issued. Proper funds shall be
established in the county treasury for the proceeds of the
payments of such assessments, and such funds shall be
applied to the payment of the bonds for the payment of
(2002 Ed.)
85.22.050
which they were levied. [1933 c 182 § 13; RRS § 4477-13.
Formerly RCW 85.20.140, part.]
85.22.140 Extensions to compensate for inadequate
benefits—Payment. Whenever in any district reorganized
under the provisions of this chapter, extensions or additions
are made to the system of improvements of the district to
provide drainage or protection from overflow for lands
previously found benefited and assessed for the construction
of the original system of improvement which are not
receiving benefits therefrom in proportion to the benefits
found and the assessments levied against such lands, the
costs of such extensions or additions shall be included as a
cost of maintenance of the improvements of the district and
shall be levied and collected in the manner provided for the
levy and collection of such costs. [1933 c 182 § 14; RRS §
4477-14. Formerly RCW 85.20.150, part.]
Chapter 85.24
DIKING AND DRAINAGE DISTRICTS IN TWO OR
MORE COUNTIES
Sections
85.24.010
85.24.015
85.24.025
Districts authorized—Powers—Designation.
Certain powers and rights governed by chapter 85.38 RCW.
Annexation of territory—Consolidation of special districts—
Suspension of operations—Reactivation.
85.24.065 Special assessments—Budgets—Alternative methods.
85.24.070 Board of commissioners—Oath, bond—Plan of improvement—Levy of assessment, procedure.
85.24.071 Board of commissioners—Power to conduct business, make
contracts, etc.
85.24.073 Board of commissioners—Construction and maintenance
powers.
85.24.075 Board of commissioners—Duties of board officers—
Quorum.
85.24.077 Board of commissioners—Power to adjourn proceedings.
85.24.079 Board of commissioners—Rules and regulations.
85.24.080 Board of commissioners—Compensation and expenses—
Secretary’s salary—Affidavit of amounts.
85.24.130 Objections to assessment—Procedure.
85.24.140 Judicial review.
85.24.150 Lien of assessments—Notice and collection.
85.24.160 Payment of assessment without interest.
85.24.170 District treasurer—Collection, remittance and disbursement
of assessments.
85.24.180 Sale of property for delinquency—Procedure—Purchaser’s
interest.
85.24.190 Disposal by commissioners of lands not redeemed from
sale—Use of proceeds.
85.24.200 Reassessments.
85.24.220 Segregation of assessments.
85.24.235 Special assessment bonds.
85.24.240 Counties to contribute for benefits to roads, bridges, or
health of people.
85.24.250 Municipality may contribute.
85.24.260 Acquisition of property—Eminent domain.
85.24.261 Eminent domain—Procedure.
85.24.263 Eminent domain—Rights-of-way.
85.24.265 Eminent domain—Against public lands.
85.24.270 Cities may be included in district.
85.24.275 Assessment of state lands.
85.24.280 Improvement of streams—Scope of powers.
85.24.285 Improvement of streams—Stream beds are property of district—Disposition.
85.24.290 Service of notices on agent of owner.
85.24.310 Adjustment of indebtedness with the state.
85.24.900 Validation of existing districts—1923 c 140.
Special district creation and operation: Chapter 85.38 RCW.
[Title 85 RCW—page 55]
85.24.010
Title 85 RCW: Diking and Drainage
85.24.010 Districts authorized—Powers—
Designation. Whenever a portion of two or more counties
require diking, drainage, or the erection of flood dams or
drift barriers to prevent inundations, such portion of two or
more counties may be organized into a district; and the
board of commissioners, hereinafter provided for, shall have
and possess the powers herein conferred, or that may
hereafter be conferred by law upon such districts and board
of commissioners, and all such powers not in conflict with
those herein granted, which now exist under the provisions
of the laws of the state relating to the establishment, construction and maintenance of dikes and drains; and such
districts shall be known and designated as "Diking and
Drainage District No. . . . . in . . . . . . and . . . . . . counties
(here insert name of counties), of the state of Washington";
and shall have the right to sue and be sued by, in the name
of its board of commissioners herein provided for, and shall
have perpetual succession, and shall adopt and use a seal.
[1923 c 140 § 1; 1909 c 225 § 1; RRS § 4361.]
85.24.015 Certain powers and rights governed by
chapter 85.38 RCW. Intercounty diking and drainage
districts shall possess the authority and shall be created,
district voting rights shall be determined, and district
elections shall be held as provided in chapter 85.38 RCW.
[1985 c 396 § 34.]
Severability—1985 c 396: See RCW 85.38.900.
85.24.025 Annexation of territory—Consolidation of
special districts—Suspension of operations—Reactivation.
Intercounty diking and drainage improvement districts may
annex territory, consolidate with other special districts, and
have their operations suspended and be reactivated, in
accordance with chapter 85.38 RCW. [1986 c 278 § 14.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.24.065 Special assessments—Budgets—
Alternative methods. RCW 85.38.140 through 85.38.170
constitute a mutually exclusive alternative method by which
intercounty diking and drainage districts in existence as of
July 28, 1985, may measure and impose special assessments
and adopt budgets. RCW 85.38.150 through 85.38.170
constitute the exclusive method by which intercounty diking
and drainage districts created after July 28, 1985, may
measure and impose special assessments and adopt budgets.
[1985 c 396 § 27.]
Severability—1985 c 396: See RCW 85.38.900.
85.24.070 Board of commissioners—Oath, bond—
Plan of improvement—Levy of assessment, procedure.
A three-member board of commissioners shall be the
governing body of an intercounty diking and drainage
district. The initial commissioners shall be appointed, and
the elected commissioners elected, as provided in chapter
85.38 RCW.
The members of such board, before entering upon their
duties, shall take and subscribe on oath substantially as
follows:
[Title 85 RCW—page 56]
State of Washington,
County of . . . . . . . . . . .
⎫
⎬ ss.
âŽ
I, the undersigned, a member of the board of commissioners of the diking and drainage district No. . . . ., in
. . . . . . and . . . . . . counties, do solemnly swear (or affirm)
that I will faithfully discharge my duties as a member of the
commission.
Upon the taking of such oath and the entering into a bond,
as provided in RCW 85.38.080, the county legislative
authority shall enter an order upon its records that the three
persons named have qualified as the board of commissioners
for diking and drainage district No. . . . ., in . . . . . . and
. . . . . . counties, and that those persons and their successors
do and shall constitute a board of commissioners for the
diking and drainage district. The order when made shall be
conclusive of the regularity of the election and qualification
of the board of diking and drainage commissioners for the
particular district, and the persons named therein shall constitute the board of diking and drainage commissioners.
The board of diking and drainage commissioners shall
thereupon immediately organize and elect one of their
number as chairman and may either appoint a voter of the
district or another diking and drainage commissioner to act
as secretary. The board shall then proceed to make and
cause to be made specifications and details of a system
which may be adopted by the board for the improvements to
be made, together with an estimate of the total cost thereof;
and shall, upon the adoption of the plan of improvement of
the district, proceed to acquire the necessary property and
property rights for the construction, establishment and
maintenance of the system either by purchase or by power
of eminent domain as hereinafter provided. Upon such
acquisition being had, the board shall then proceed with the
construction of the diking and drainage system and in doing
so shall have the power to do the work directly or in its
discretion to have all or any part of the work done by contract. In case the board shall decide upon doing the same by
contract, it shall advertise for bids for the construction work,
or such part thereof as they may determine to have done by
contract, and shall have the authority to let a contract to the
lowest responsible bidder after advertising for bids.
Any contractor doing work hereunder shall be required
to furnish a bond as provided by the laws of the state of
Washington relating to contractors of public work.
The board shall have the right, power and authority to
issue vouchers or warrants in payment or evidence of
payment of any and all expenses incurred under this chapter,
and shall have the power to issue the same to any contractor
as the work progresses, the same to be based upon the
partial estimates furnished from time to time by engineers of
the district. All warrants issued hereunder shall draw
interest at a rate determined by the board.
Upon the completion of the construction of the system,
and ascertainment of the total cost thereof including all
compensation and damages and costs and expenses incident
to the acquiring of the necessary property and property right,
the board shall then proceed to levy an assessment upon the
taxable real property within the district which the board may
find to be specially benefited by the proposed improvements;
and shall make and levy such assessment upon each piece,
(2002 Ed.)
Diking and Drainage Districts in Two or More Counties
lot, parcel and separate tract of real estate in proportion to
the particular and special benefits thereto. Upon determining
the amount of the assessment against each particular tract of
real estate as aforesaid, the commissioners shall make or
cause to be made an assessment roll, in which shall appear
the names of the owners of the property assessed, so far as
known, and a general description of each lot, block, parcel
or tract of land within the district, and the amount assessed
against the same, as separate, special or particular benefits.
The board shall thereupon make an order setting and fixing
a day for hearing any objections to the assessment roll by
any one affected thereby, which day shall be at least twenty
days after the mailing of notices thereof, postage prepaid, as
herein provided. The board shall send or cause to be sent by
mail to each owner of the premises assessed, whose name
and place of residence is known, a notice, substantially in
the following form:
To . . . . . .: Your property (here describe the property)
is assessed $ . . . . . A hearing on the assessment roll will
be had before the undersigned at the office of the board at
. . . . . . on the . . . . day of . . . . . . at which time you are
notified to be and appear and to make any and all objections
which you may have as to the amount of the assessment
against your property, or as to whether it should be assessed
at all; and to make any and all objections which you may
have to the assessment against your lands, or any part or
portion thereof.
The failure to send or cause to be sent such notice shall
not be fatal to the proceedings herein described. The
secretary of the board on the mailing of the notices shall
certify generally that he has mailed such notices to the
known address of all owners, and such certificate shall be
prima facie evidence of the mailing of all such notices at the
date mentioned in the certificate.
The board shall cause at least ten days’ notice of the
hearing to be given by posting notice in at least ten public
places within the boundaries of the district, and by publishing the same at least five successive times in a daily
newspaper published in each of the counties affected; and for
at least two successive weeks in one or more weekly
newspapers within the boundaries of the district, in each
county if there are such newspapers published therein, and
if there is no such newspaper published, then in one or more
weekly newspapers, having a circulation in the district, for
two successive weeks. The notice shall be signed by the
chairman or secretary of the board of commissioners, and
shall state the date and place of hearing of objections to the
assessment roll and levy, and of all other objections; and that
all interested parties will be heard as to any objection to the
assessment roll and the levies as therein made. [1985 c 396
§ 53; 1981 c 156 § 26; 1923 c 140 § 4; 1909 c 225 § 5;
RRS § 4365. FORMER PART OF SECTION: 1909 c 225
§§ 9, 11, 21, 28, 32 now codified as RCW 85.24.071,
85.24.073, 85.24.075, 85.24.077, and 85.24.079. Formerly
RCW 85.24.070, 85.24.090, 85.24.100, 85.24.110, and
85.24.120.]
Severability—1985 c 396: See RCW 85.38.900.
85.24.071 Board of commissioners—Power to
conduct business, make contracts, etc. The commissioners
herein provided for and their successors in office, shall from
(2002 Ed.)
85.24.070
the time of their election and qualifications aforesaid, have
the power, and it shall be their duty, to manage and conduct
the business affairs of the district, making and executing all
necessary contracts, appoint such agents and employees as
may be required, and prescribe their duties, and perform any
and all acts which may be necessary, proper or requisite to
carry into effect their duties as commissioners, and all such
other acts as may be provided in this chapter or in any other
act. [1909 c 225 § 9; RRS § 4369. Formerly RCW
85.24.070, part.]
85.24.073 Board of commissioners—Construction
and maintenance powers. Said board of commissioners
herein provided for shall have the exclusive charge of the
construction and maintenance of all dikes and drainage
systems which may be constructed within the said district,
and shall be the executive officers thereof, with full power
to bind said district by their acts in the performance of their
duties as provided by law. [1909 c 225 § 11; RRS § 4371.
Formerly RCW 85.24.070, part.]
85.24.075 Board of commissioners—Duties of board
officers—Quorum. The chairman of the board shall preside
at all meetings and shall have the right to vote upon all
questions the same as other members, and shall perform such
duties in addition to those in this chapter prescribed as may
be fixed by the board. The secretary of the board shall
perform the duties in this chapter prescribed, and such other
duties as may be fixed by the board. A majority of the
board shall constitute a quorum for the transaction of
business, but it shall require a majority of the entire board to
authorize any action by the board. [1909 c 225 § 21; RRS
§ 4381. Formerly RCW 85.24.070, part.]
85.24.077 Board of commissioners—Power to
adjourn proceedings. The board of commissioners shall
have power to adjourn any and all proceedings before them
from time to time. [1909 c 225 § 28; RRS § 4388. Formerly RCW 85.24.070, part.]
85.24.079 Board of commissioners—Rules and
regulations. The board shall have power and authority to
make rules and regulations for the purpose of carrying into
effect any of the provisions of this chapter. [1909 c 225 §
32; RRS § 4392. Formerly RCW 85.24.070, part.]
85.24.080 Board of commissioners—Compensation
and expenses—Secretary’s salary—Affidavit of amounts.
The members of the board may receive as compensation up
to seventy dollars for attendance at official meetings of the
district and for each day or major part thereof for all necessary services actually performed in connection with their
duties as commissioners: PROVIDED, That such compensation shall not exceed six thousand seven hundred twenty
dollars in one calendar year: PROVIDED FURTHER, That
the board may fix a different salary for the secretary thereof
in lieu of the per diem. Each commissioner is entitled to
reimbursement for reasonable expenses actually incurred in
connection with such business, including subsistence and
lodging, while away from the commissioner’s place of
residence, and mileage for use of a privately owned vehicle
[Title 85 RCW—page 57]
85.24.080
Title 85 RCW: Diking and Drainage
in accordance with chapter 42.24 RCW. The salary and expenses shall be paid by the treasurer of the fund, upon orders
made by the board. Each member of the board must before
being paid for expenses, take vouchers therefore from the
person or persons to whom the particular amount was paid,
and must also make affidavit that the amounts were necessarily incurred and expended in the performance of his or
her duties.
Any commissioner may waive all or any portion of his
or her compensation payable under this section as to any
month or months during his or her term of office, by a
written waiver filed with the secretary as provided in this
section. The waiver, to be effective, must be filed any time
after the commissioner’s election and prior to the date on
which the compensation would otherwise be paid. The
waiver shall specify the month or period of months for
which it is made. [1998 c 121 § 11; 1991 c 349 § 23; 1985
c 396 § 54; 1909 c 225 § 33; RRS § 4393.]
Severability—1985 c 396: See RCW 85.38.900.
85.24.130 Objections to assessment—Procedure.
Any person interested in any real estate affected by said
assessment may, within the time fixed, appear and file
objections. As to all parcels, lots or blocks as to which no
objections are filed, within the time as aforesaid, the assessment thereon shall be confirmed and shall be final. On
the hearing, each person may offer proof, and proof may
also be offered on behalf of the assessment, and the board
shall affirm, modify, change and determine the assessment,
in such sum as to the board appears just and right. The
commissioners may increase the assessment during such
hearing upon any particular tract by mailing notice to the
owner at his last known address, to be and appear within a
time not less than ten days after the date of the notice, to
show cause why his assessment should not be increased.
When the assessment is finally equalized and fixed by the
board, the secretary thereof shall certify the same to the
county treasurer of each county in which the lands are
situated, for collection; or if appeal has been taken from any
part thereof, then so much thereof as has not been appealed
from shall be certified. In case any owner of property
appeals to the superior court in relation to the assessment or
other matter when the amount of the assessment is determined by the court finally, either upon determination of
the superior court, or review by the supreme court or the
court of appeals, then the assessment as finally fixed and
determined by the court shall be certified by the clerk of the
proper court to the county treasurer of the county in which
the lands are situated and shall be spread upon and become
a part of the assessment roll hereinbefore referred to. [1988
c 202 § 82; 1971 c 81 § 167; 1909 c 225 § 6; RRS § 4366.]
Severability—1988 c 202: See note following RCW 2.24.050.
85.24.140 Judicial review. Any person who feels
aggrieved by the final assessment made against any lot,
block or parcel of land owned by him, may appeal therefrom
to the superior court of the county in which the land is situated. Such appeal shall be taken within the time and
substantially in the manner prescribed by the laws of this
state for appeals from justices’ courts. All notice of appeal
shall be filed with the said board, and shall be served upon
[Title 85 RCW—page 58]
the prosecuting attorney of the county in which the action is
brought. The secretary of the board shall, at appellant’s
expense, certify to the superior court so much of the record
as appellant may request, and the cause shall be tried in the
superior court de novo.
Any person aggrieved by any final order or judgment
made by the superior court concerning any assessment
authorized by this chapter, may seek appellate review of the
order or judgment as in other civil cases. [1988 c 202 § 83;
1971 c 81 § 168; 1909 c 225 § 7; RRS § 4367.]
Severability—1988 c 202: See note following RCW 2.24.050.
85.24.150 Lien of assessments—Notice and collection. The final assessment shall be a lien paramount to all
other liens except liens for taxes and other special assessments upon the property assessed, from the time the assessment roll shall have been finally approved by the board,
and placed in the hands of the county treasurers as collectors. After the roll shall have been delivered to the county
treasurers for collection, each treasurer shall proceed to collect the amounts due in the manner that other taxes are
collected as to all lands situated within the county of which
he is treasurer. The treasurer shall give at least ten days’
notice in one or more newspapers of general circulation in
the counties in which the lands are situated for two successive weeks, that the roll has been certified to him for
collection, and that unless payment be made within thirty
days from the date of the notice, that the sum charged
against each lot or parcel of land shall be paid in not more
than ten equal annual payments, with interest upon the whole
sum so charged, at a rate not to exceed seven percent per
annum. The interest shall be paid annually. The county
treasurer shall proceed to collect the amount due each year
upon the publication of notice as hereinafter provided. In
such publication notice it shall not be necessary to give a
description of each tract, piece or parcel of land, or of the
names of the owners thereof.
The treasurer shall also mail a copy of the notice to the
owner of the property assessed, when the post office address
of the owner is known to the treasurer; but the failure to
mail the notice shall not be necessary to the validity of the
collection of the tax. [1985 c 469 § 83; 1909 c 225 § 8;
RRS § 4368.]
85.24.160 Payment of assessment without interest.
The owner of any lot or parcel of land charged with any
assessment, as hereinbefore provided, may redeem the same
from all liability by paying the entire assessment charged
against such lot or parcel of land, or part thereof, without
interest, within thirty days after notice to him of such
assessment, as herein provided. [1986 c 278 § 38; 1983 c
167 § 199; 1909 c 225 § 17; RRS § 4377.]
Severability—1986 c 278: See note following RCW 36.01.010.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
85.24.170 District treasurer—Collection, remittance
and disbursement of assessments. The treasurer of each
county shall collect the taxes levied and assessed hereunder
upon all that portion of the property situated within the
county for which the treasurer is acting. The treasurer of the
(2002 Ed.)
Diking and Drainage Districts in Two or More Counties
county in which the smaller or minor portion of the taxes are
to be collected shall forward the amount collected by him
quarterly each year on the first Monday in January, April,
July and October, to the treasurer of the county in which the
larger or major portion of the taxes are to be collected. The
treasurer of the county in which the larger portion of the
taxes have been levied and assessed shall be the disbursing
officer of such diking and drainage district, and shall pay out
the funds of such district upon orders drawn by the chairman
and secretary of the board acting under authority of the
board, and shall be the treasurer of the fund. [1909 c 225 §
22; RRS § 4382.]
85.24.180 Sale of property for delinquency—
Procedure—Purchaser’s interest. If any of the installment
of taxes are not paid as herein provided, the county treasurer
shall sell all lots or parcels of land on which taxes have been
levied and assessed, whether in the name of the designated
owner or the name of an unknown owner, to satisfy all
delinquent and unpaid assessments, interest, penalties and
costs. The treasurer must commence the sale of property
upon which taxes are delinquent within sixty days after the
same become delinquent, and continue such sale from day to
day thereafter until all the lots and parcels of land upon
which taxes have not been paid are sold. Such sales shall
take place at the front door of the court house. The proper
treasurer shall give notice of such sales by publishing a
notice thereof once a week for two successive weeks in two
or more newspapers published within the district, or if no
such newspaper is published, within the district, then within
any two or more newspapers having a general circulation in
such district; such notice shall contain a list of all lots and
parcels of land upon which such assessments are delinquent,
with the amount of interest, penalty and cost at the date of
sale, including costs of advertising had upon each of such
lots, pieces or parcels of land, together with the names of the
owners thereof, if known to the treasurer, or the word
"unknown" if unknown to the treasurer, and shall specify the
time and place of sale, and that the several lots or parcels of
land therein described, or so much as may be necessary, will
be sold to satisfy the assessment, interest, penalty and cost
due upon each. All such sales shall be made between the
hours of ten o’clock a.m. and three o’clock p.m. Such sales
shall be made in the manner now prescribed by the general
laws of this state for the sale of property for delinquent
taxes, and certificates and deeds shall be made to the
purchasers and redemptions made as is now prescribed by
the general laws of this state in the manner and upon the
terms therein specified: PROVIDED, That no tax deeds
shall be made until after the expiration of one year after the
issuance of the certificate, and during such year any person
interested may redeem. A certificate of purchase shall be
issued to the district for all lots and parcels of land not sold.
Certificates issued to the district shall be delivered to the
board of commissioners of the district. The board of
commissioners of the district may sell and transfer any such
certificate to any person who is willing to pay to the district
the amount for which the lot or parcel of land therein
described was stricken off to the district, with the interest
subsequently accrued thereon. Within ten days after the
completion of sale of all lots, pieces and parcels of land
(2002 Ed.)
85.24.170
authorized to be sold as aforesaid, the treasurer must make
a return to the board of commissioners with a statement of
the doings thereon, showing all lots and parcels of land sold
by him, to whom sold and the sum paid therefor. The
purchaser at improvement sales acquires a lien on the lot,
piece or parcel of land sold for the amount paid by him at
such sales for all delinquent taxes and assessments, and all
costs and charges thereon, whether levied previously or subsequently to such sale, subsequently paid by him on the lot
or parcel of land, and shall be entitled to interest thereon at
the rate of ten percent per annum from the date of such
payment. [1909 c 225 § 23; RRS § 4383. Formerly RCW
85.24.180 and 85.24.190, part.]
85.24.190 Disposal by commissioners of lands not
redeemed from sale—Use of proceeds. The board of
commissioners of the district shall have the power to sell,
lease and dispose of any and all lands which may be acquired by it by virtue of deeds issued to it by the treasurer
for lands not redeemed from sale, and the funds derived
from any disposition of such land shall become the fund of
the district to be used for the benefit of the district under the
direction of its board of commissioners. [1909 c 225 § 24;
RRS § 4384. FORMER PART OF SECTION: 1909 c 225
§ 23, part, now codified as RCW 85.24.180.]
85.24.200 Reassessments. If because of a substantial
reduction of the amount of the assessment upon any lands,
the result would be to leave the amount of the assessment
upon other lands insufficient, or if for any cause the assessment should be held invalid or become inoperative, then the
board shall have power to make a reassessment of all lands
to the same extent as the original assessment. [1909 c 225
§ 30; RRS § 4390.]
85.24.220 Segregation of assessments. When a piece,
lot, or tract of land has been assessed in one body, if the
same is subsequently subdivided by the owner, or there
should be purchasers of different portions of such tract, then
the owner or purchaser may pay the taxes upon such piece
or tract of land, paying the proportion which is proper upon
such separate piece or tract. [1909 c 225 § 25; RRS §
4385.]
85.24.235 Special assessment bonds. Special
assessment bonds and notes shall be issued and sold in
accordance with chapter 85.38 RCW. [1986 c 278 § 26.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.24.240 Counties to contribute for benefits to
roads, bridges, or health of people. Whenever any
highways, roads, or bridges are maintained by either county
in which a diking and drainage district may be established,
as herein provided, and it shall appear that the construction
and maintenance of such diking and drainage system will be
beneficial to such highways, roads, and bridges, or which
will be beneficial to such highways, roads and bridges as
may thereafter be constructed or maintained by the county,
in which any part of the system of dikes and drains is
situated, then the board of county commissioners of such
[Title 85 RCW—page 59]
85.24.240
Title 85 RCW: Diking and Drainage
county may, and it shall be the duty of such board to
appropriate to such diking and drainage district an amount of
money sufficient to pay the proportionate share of such
county in accordance with the benefits received or to be
received; and whenever it may appear to the board of county
commissioners of any county that any improvements made
or to be made in any diking or drainage district under the
provisions of this chapter, shall on account of the health of
the people of the county be beneficial in respect thereto, the
board of county commissioners may make an appropriation
of money to such diking and drainage district in such an
amount to such board as may seem proper. [1909 c 225 §
18; RRS § 4378.]
Basis of supplemental assessments: RCW 85.07.050.
Benefits to public roads, how paid: RCW 85.07.040.
85.24.250 Municipality may contribute. Whenever
it appears to the council of any incorporated city or town not
included or not wholly included within the limits of any
diking or drainage district established hereunder, which
incorporated city or town may be within a county in which
a portion of such district is located that the construction and
maintenance of such diking and drainage system will be
beneficial to the health and general welfare of the inhabitants
of the incorporated city or town, then the city or town
council may appropriate money out of the general funds of
the city or town to such diking and drainage system, or the
council may for such purpose impose assessments upon all
the property in the city or town that benefits from facilities
and activities of the diking or drainage district, and give the
assessments to the diking or drainage district. [1991 c 349
§ 7; 1973 1st ex.s. c 195 § 119; 1909 c 225 § 19; RRS §
4379.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Limitation of levies: RCW 84.52.050.
85.24.260 Acquisition of property—Eminent
domain. The districts organized under the provisions of this
chapter, and the commissioners appointed and qualified as
such shall have the right of eminent domain with the power
by and through the board of commissioners to condemn and
cause to be condemned and appropriated private property for
the use of said district in the construction and maintenance
of the system of dikes, drains, flood dams and drift barriers,
and for any other purpose proper, necessary and convenient
for the purpose of carrying into effect the powers vested in
said district and the commissioners thereof; and that the
property of private corporations shall be subject to the same
rights of eminent domain as private individuals. Said board
of commissioners shall also have the power to acquire by
purchase, in the name of the district, any and all real
property necessary to make the improvements herein
provided for. [1909 c 225 § 10; RRS § 4370. FORMER
PART OF SECTION: 1909 c 225 §§ 12, 20, 27, now
codified as RCW 85.24.261, 85.24.263, and 85.24.265.]
85.24.261 Eminent domain—Procedure. In the
exercise of the right of eminent domain, all proceedings shall
be prosecuted by the board of commissioners for and on
behalf of the district, or in the name of the district itself, and
[Title 85 RCW—page 60]
such proceedings shall be conducted in the superior court of
the county in which the lands sought to be condemned are
situated, and shall be in the manner and in accordance with
the procedure now provided by law regulating the mode of
procedure to appropriate lands, real estate, or property by
corporations for corporate purposes. [1909 c 225 § 12; RRS
§ 4372. Formerly RCW 85.24.260, part.]
85.24.263 Eminent domain—Rights-of-way. In the
construction and maintenance of the improvements herein
provided for, the said district may acquire by purchase or
otherwise, and by the exercise of the right of eminent
domain, any right-of-way through, over and across any
property situated without said district which may be necessary or proper to the completion of the system of improvements. [1909 c 225 § 20; RRS § 4380. Formerly RCW
85.24.260, part.]
85.24.265 Eminent domain—Against public lands.
Any district created hereunder is hereby granted the right to
exercise the power of eminent domain against any lands or
other property belonging to the state of Washington or any
municipality thereof, and such power of eminent domain
shall be exercised under and by the same procedure as is
now, or may hereafter be, provided by the laws of this state
for the exercise of the right of eminent domain by ordinary
railroad corporations. [1909 c 225 § 27; RRS § 4387.
Formerly RCW 85.24.260, part.]
Corporations, eminent domain: Chapter 8.20 RCW.
Railroads, corporate powers: Chapter 81.36 RCW.
85.24.270 Cities may be included in district. Within
the limits of said diking or drainage district may be included
any incorporated city or town, or any part thereof. [1909 c
225 § 14; RRS § 4374. FORMER PART OF SECTION:
1909 c 225 § 15, now codified as RCW 85.24.275.]
85.24.275 Assessment of state lands. Any of the
state, school, or granted land within the district, shall also be
assessed the same as other lands are assessed in proportion
to the benefit, but any such lands shall not be sold for
delinquencies, but the amount of the assessment shall be paid
by the state at the time, in the manner, under the circumstances, and in accordance with the provisions of the act
relating to the payment by the state of assessments made on
state, school and granted lands for the construction and
maintenance of dikes and drains benefiting such lands,
approved March 5, 1907; Laws of 1907, pp. 125-126. [1909
c 225 § 15; RRS § 4375. Formerly RCW 85.24.270, part.]
Reviser’s note: The 1907 act referred to herein appears to be
superseded by chapter 164, Laws of 1919 codified as chapter 79.44 RCW.
See Paine v. State, 156 Wash. 31, 40. See also reviser’s notes following
RCW 85.05.110 and 85.06.110.
85.24.280 Improvement of streams—Scope of
powers. Any district so established as aforesaid through its
board of commissioners shall have the right, power and
authority to straighten, deepen and improve any and all
rivers, watercourses, or streams, whether navigable or
otherwise, flowing through or located within the boundaries
of said diking or drainage district, whenever necessary or
(2002 Ed.)
Diking and Drainage Districts in Two or More Counties
proper in carrying out the objects of the system. The district
by and through its board of commissioners shall also have
the power to construct all needed auxiliary ditches, canals,
flumes, locks, flood barriers, and all necessary artificial
appliances in the construction of the system, and which shall
be necessary and advisable to protect the land in any such
district from overflow or to assist, or which may become
necessary in the preservation or maintenance of such system.
[1909 c 225 § 13; RRS § 4373. FORMER PART OF
SECTION: 1909 c 225 § 26, now codified as RCW
85.24.285.]
85.24.285 Improvement of streams—Stream beds
are property of district—Disposition. The board shall
have power and authority to straighten, widen, deepen and
improve any and all rivers, watercourses or streams, whether
navigable or otherwise, flowing through or located within the
boundaries of such district; and the beds of any streams or
rivers which may be changed, shall become the property of
the district, and the board shall have the power to sell and
dispose of the same, or exchange the same or any portion
thereof for other lands. [1909 c 225 § 26; RRS § 4386.
Formerly RCW 85.24.280, part.]
85.24.290 Service of notices on agent of owner.
When any notice is required to be given to the owner under
any of the provisions of this chapter, such notice shall be
given to the agent instead of the owner, in case the owner
prior to the giving of the notice required by the board or
proper officer has filed with the board or proper officer the
name of the agent with his post office address. [1909 c 225
§ 29; RRS § 4389.]
85.24.310 Adjustment of indebtedness with the
state. See chapter 87.64 RCW.
85.24.900 Validation of existing districts—1923 c
140. The organization, establishment and creation of all
diking and drainage districts in this state situated in two or
more counties heretofore had or made, or attempted to be
had or made, pursuant to the provisions of chapter 4, Title
XXVII of Remington’s Compiled Statutes, relating to the
creation and establishment of such diking and drainage districts, and all acts, steps or proceedings had or attempted to
be had by any such district, are hereby for all purposes
declared legal and valid, and such districts situated in two or
more counties are hereby declared duly organized, established and created, and all contracts, obligations or debts
heretofore made or incurred by or in favor of such diking
and drainage district situated in two or more counties so
attempted to be organized, established and created, and all
official bonds or other obligations executed in connection
with or in pursuance of such organization, are hereby
declared legal and valid, and of full force and effect. [1923
c 140 § 6; RRS § 4376-1.]
85.24.280
Chapter 85.28
PRIVATE DITCHES AND DRAINS
Sections
85.28.010
85.28.020
85.28.030
85.28.040
85.28.050
85.28.060
85.28.080
85.28.090
85.28.100
85.28.110
85.28.120
85.28.130
85.28.140
85.28.150
Private parties authorized to establish ditches and drains.
Petition to appropriate—Contents.
Cost bond by petitioner.
Viewers to be appointed—Duties.
Report of viewers and plat to be filed.
Summons to landowners—Contents and form.
Service by publication.
Trial—Findings or verdict—Decree—Time for payment of
award.
Appeal.
Compensation of viewers—Costs.
New viewers may be appointed if report not adopted.
Drainage of tide or marsh lands—Division of cost between
contiguous tracts.
Dike or ditch as common boundary—Division of costs.
Dike, dam, or causeway at Bachelor Slough.
85.28.010 Private parties authorized to establish
ditches and drains. The owner or owners of any land
which requires drainage and which is so situated that it is
necessary to the proper drainage of the same to construct
ditches or drains across the lands of others, may obtain the
location and establishment of such ditch or drain across such
lands, in the manner provided in this chapter. [1899 c 125
§ 1; RRS § 4394. Prior: 1883 p 77 § 1; 1875 p 92 § 2;
1863 p 485 § 1; 1858 p 31 § 1.]
85.28.020 Petition to appropriate—Contents. The
person or persons desiring the location and establishment of
such ditch or drain may file in the superior court of the
county in which the lands sought to be appropriated are
situated, a petition showing the name of the petitioner or
petitioners; a description of the lands to be benefited, and of
those over which the ditch would pass, and setting forth the
name of every owner, incumbrancer, or other person or party
interested in the lands over which said ditch would pass, or
any part thereof, so far as the same can be ascertained from
the public records of the county. Such petition shall also
show the object for which the lands are sought to be
appropriated, the necessity for the appropriation, and the
length, width and depth of the ditch on the lands of each
separate owner, with a description of said ditch, as nearly as
practicable; and shall also set out the estimated damage to
the lands of each owner to be crossed by such ditch. [1899
c 125 § 2; RRS § 4395. Prior: 1883 p 77 § 2, part.]
85.28.030 Cost bond by petitioner. The petitioner,
or someone in his behalf, shall enter into a bond in the penal
sum of one hundred dollars, with two or more sureties, to be
approved by the clerk of said court, payable to the state of
Washington, conditioned that the petitioner or petitioners will
pay all costs and expenses incurred in the proceeding; which
said bond shall be filed with the petition. [1899 c 125 § 3;
RRS § 4396. Prior: 1883 p 77 § 2, part.]
85.28.040 Viewers to be appointed—Duties. Upon
the filing of said petition the court shall appoint three
viewers, two of whom shall be resident freeholders of said
county, and not interested in the result of the proceeding,
and the other the *county surveyor of the county in which
(2002 Ed.)
[Title 85 RCW—page 61]
85.28.040
Title 85 RCW: Diking and Drainage
the lands are situated (unless said *county surveyor shall be
a party in interest, in which case some other competent
surveyor shall be appointed in his place who shall receive
the same compensation as is allowed by law to *county
surveyors) who shall, upon a day to be fixed by the court, in
the order appointing them, view the lands of the petitioner
and the lands which said proposed ditch or drain is to cross,
for the purpose of determining: First, whether there is a
necessity for the establishment of a ditch; and, second, the
most practicable route for said ditch to run, if the same be
necessary. The clerk of said court shall furnish to said
viewers a certified copy of the order appointing them, which
shall warrant them entering upon the lands described in the
petition for the purpose of viewing the same. [1899 c 125
§ 4; RRS § 4397. Prior: 1883 p 78 § 4; Code 1881 § 2504;
1877 p 314 § 2; 1875 p 93 § 3; 1863 p 485 § 1; 1858 p 31
§ 1.]
*Reviser’s note: This section refers to the "county surveyor." 1907
c 160 § 1 designated the county surveyor as county engineer; 1925 ex.s. c
167 § 1 abolished the elective office of engineer, except in Class A and first
class counties, and the powers and duties were transferred to the county
commissioners with power to employ an engineer; 1937 c 187 § 4 provided
duties to vest in county commissioners who were directed to employ a
county road engineer. See RCW 36.75.050 and chapter 36.80 RCW.
85.28.050 Report of viewers and plat to be filed.
When said viewers shall have made said examination they
shall, within ten days after the day appointed by the court for
such examination, report to the court, in writing, (filing the
same with the clerk of said court) their decision as to the
necessity for said ditch and if they deem such ditch necessary, then the *county surveyor shall file with such report an
accurate description and plat of the proposed ditch, showing
the course thereof as recommended by the viewers. The
viewers shall also estimate the amount of damage which
each separate owner would suffer by reason of the construction thereof. [1899 c 125 § 5; RRS § 4398. Prior: 1883 p
79 § 8; Code 1881 § 2507; 1877 p 314 § 2; 1875 p 94 § 6.]
*Reviser’s note: "County surveyor," see note following RCW
85.28.040.
85.28.060 Summons to landowners—Contents and
form. Upon the filing of the report of the viewers aforesaid,
a summons shall be issued in the same manner as summons
are issued in civil actions, and served upon each person
owning or interested in any lands over which the proposed
ditch or drain will pass. Said summons must inform the
person to whom it is directed of the appointment and report
of the viewers; a description of the land over which said
ditch will pass of which such person is the owner, or in
which he has an interest; the width and depth of said
proposed ditch, and the distance which it traverses said land,
also an accurate description of the course thereof. It must
also show the amount of damages to said land as estimated
by said viewers; and that unless the person so summoned
appears and files objections to the report of the viewers,
within twenty days after the service of said summons upon
him, exclusive of the day of service, the same will be
approved by the court, which summons may be in the
following form:
In the Superior Court of the State of Washington, for
. . . . . . County.
[Title 85 RCW—page 62]
In the matter of the application of . . . . . . for a private
ditch.
The state of Washington to . . . . . .
Whereas, on the . . . . day of . . . . . . 19. . . filed his
petition in the above entitled court praying that a private
ditch or drain be established across the following described
lands, to wit: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
..........................................
for the purpose of draining certain lands belonging to said
. . . . . ., and whereas, on the . . . . day of . . . . . ., 19. . .,
Messrs. . . . . . . and . . . . . . with . . . . . . *county surveyor
of . . . . . . county, were appointed to view said premises in
the manner provided by law, and said viewers having, on the
. . . . day of . . . . . ., 19. . ., filed their report in this court,
finding in favor of said ditch and locating the same upon the
following course: . . . . . . . . . . . for a distance of . . . . . .
upon said land, and of a width of . . . . feet and a depth of
. . . . feet; and they further find that said land will be damaged by the establishing and construction of said ditch in the
sum of $. . . .: Now therefore, you are hereby summoned to
appear within twenty days after the service of this summons,
exclusive of the day of service, and file your objections to
said petition and the report of said viewers, with this court;
and in case of your failure so to do, said report will be
approved and said petition granted.
...................
Plaintiff’s Attorney.
P.O. Address . . . . . . . . . . . . . . . . .
[1899 c 125 § 6; RRS § 4399. Formerly RCW 85.28.060
and 85.28.070.]
*Reviser’s note: "County surveyor," see note following RCW
85.28.040.
85.28.080 Service by publication. In case any person
interested in any of the lands to be crossed by such ditch, as
aforesaid, does not reside in the county, or cannot be found
therein, or conceals himself so that personal service cannot
be had upon him, upon proof thereof being made satisfactorily to appear to said court, said summons may be served by
publication, in the same manner and with like effect as is
done in civil actions: PROVIDED, That no other or different form of summons shall be required for publication
than is required for personal service. [1899 c 125 § 7; RRS
§ 4400.]
85.28.090 Trial—Findings or verdict—Decree—
Time for payment of award. Upon the expiration of the
time within which exceptions may be filed to the report of
the viewers aforesaid, the court shall set a day upon which
the petition and the report of the viewers shall be heard and
considered by the court. In case exceptions have been filed
by any party or parties, which exceptions must have been
served upon the petitioner or petitioners prior to the hearing,
the court shall hear evidence in regard thereto, and without
a jury, pass upon the questions of the necessity for said ditch
and the location thereof. If the court finds that such ditch is
necessary, and the route selected is the best and most
practicable, and that the compensation allowed by the
viewers is just and reasonable, then the court shall file his
findings to this effect and cause an order to be entered
approving the petition and report of the viewers. If, within
(2002 Ed.)
Private Ditches and Drains
twenty days from the filing of the findings of facts aforesaid,
the petitioner or petitioners shall pay into court all the costs
and sums awarded to the owner or owners of the land over
which said ditch shall pass, a decree shall be entered
establishing the same: PROVIDED, If any party shall except to the amount of damages found by the viewers, then
the amount of such damages shall be tried by jury, unless a
jury trial be waived by the parties, in which case trial thereof
may be had by the court. Such trial shall be at a regular
term of said court, at which a jury shall be present, and shall
be conducted and verdict rendered in the same manner as in
civil actions: PROVIDED FURTHER, That it shall not be
incumbent on the petitioner to pay into court the amount of
the award or awards of said jury, until within twenty days
after said verdict shall have been rendered and entered.
[1899 c 125 § 8; RRS § 4401.]
85.28.100 Appeal. No appeal shall be taken from the
finding of the court as to the necessity of such ditch or as to
the route thereof until after final judgment or decree is entered: PROVIDED, That exceptions shall be taken and
allowed to such orders at the time that they are made, and
appeal from such orders and from the award of damages
shall be taken at the same time. All the provisions of the
law in regard to appeals in civil actions shall apply to the
proceedings provided for in this chapter. [1899 c 125 § 9;
RRS § 4402.]
85.28.110 Compensation of viewers—Costs. The
viewers appointed under the provisions of this chapter shall
receive the sum of two dollars per day for their services, and
the *county surveyor shall receive such compensation as is
allowed by law for like services, the same to be taxed as
costs and paid by the petitioner. All other costs shall be the
same as in civil actions in the superior court. [1899 c 125
§ 10; RRS § 4403.]
*Reviser’s note: "County surveyor," see note following RCW
85.28.040.
85.28.120 New viewers may be appointed if report
not adopted. In case the court should not for any reason
adopt the report of the viewers, or the same should be
deemed insufficient for any reason, the court may appoint
other viewers whose duties shall be the same as the duties of
the viewers first appointed. [1899 c 125 § 11; RRS § 4404.]
85.28.130 Drainage of tide or marsh lands—
Division of cost between contiguous tracts. Persons
owning or desiring to improve contiguous tracts of tide
marsh or swampy lands exposed to the overflow of the tide
and capable of being made dry, may separate their respective
tracts by a dike or ditch, which shall make and designate
their common boundary. In all such cases said dike or ditch
shall be constructed at the equal cost and expense of the
respective parties, and either party failing to pay his
contributive share of such expense shall be liable to the party
constructing the dike or ditch for such contributive share, or
so much thereof as may remain due and unpaid, to be
recovered in a civil action in a court of competent jurisdiction and the party constructing such dike shall also be
entitled to a lien upon the tract of the party failing to pay his
(2002 Ed.)
85.28.090
contributive share for the construction of said dike, or so
much thereof as shall be due, which lien shall be secured
and enforced as liens of materialmen and mechanics are now
by law enforced. [Code 1881 § 2517; No RRS. Prior:
1877 p 258 § 1.]
85.28.140 Dike or ditch as common boundary—
Division of costs. Any person or persons who may hereafter
take a tract of tide land or marsh and shall desire to adopt as
his boundary line any dike or ditch heretofore constructed
upon and entirely within the boundary line of a neighboring
contiguous tract he may join on to said tract and adopt said
dike as his boundary by paying to the owner of the tract
upon which said dike is constructed one-half of the cost and
expense of the construction thereof, and any person so
adopting the dike or ditch of another without contributing his
half share of the cost or expense thereof shall be liable for
his said half share, which may be recovered in a civil action
in any court of competent jurisdiction, or the owner of the
dike or ditch so used may secure a lien upon the tract of
land bounded by said dike for the amount due for the use of
said dike in accordance with the provisions of the law
securing a lien to materialmen and mechanics: PROVIDED
ALWAYS, That when such dike has become the common
boundary [of two adjacent tracts, it shall be and remain the
common boundary] and the persons owning the said tracts
shall be mutually liable for the expense of keeping it in
repair, share and share alike. [Code 1881 § 2518; No RRS.
Prior: 1877 p 258 § 2.]
Reviser’s note: Bracketed matter did not appear in the enrolled bill
of 1881 but was bracketed in by the Code of 1881 to conform with the
preceding session law of 1877 from which it was derived.
85.28.150 Dike, dam, or causeway at Bachelor
Slough. It shall be lawful for any adjacent or abutting
owner or owners, to construct a dike, dam, or causeway over
or in the waters of the state of Washington described as:
That certain body of water lying between Bachelor Island
and the mainland, appearing on the state survey map made
by Edw. C. Dohm, state field engineer, as Columbia Slough
and designated on the map as compiled by the U.S. Coast
and Geodetic Survey of September, 1937, Number
"U.S.C.&G.S. 6154" as Bachelor Island Slough from its
point of confluence with Lake River South to the Columbia
River, in sections 13, 23, 24, 26 and 35, township 4 north,
range 1 west of the Willamette Meridian, in Clark county,
Washington: PROVIDED, That the location and plans
thereto are submitted to and approved by the chief of engineers of the United States and the secretary of war of the
United States, before construction is commenced subject to
the terms of section 9 of the River & Harbor Act, approved
March 3, 1899 (30 Stat. 1151; 33 U.S.C. 401) and: PROVIDED FURTHER, That all such dikes, dams, causeways,
or other structures, shall be constructed at the expense of the
owners. [1947 c 276 § 1; No RRS.]
[Title 85 RCW—page 63]
Chapter 85.32
Title 85 RCW: Diking and Drainage
Chapter 85.32
DRAINAGE DISTRICT REVENUE ACT OF 1961
Sections
85.32.010
85.32.020
85.32.030
85.32.040
85.32.050
85.32.060
85.32.070
85.32.080
85.32.090
85.32.100
85.32.110
85.32.120
85.32.130
85.32.140
85.32.150
85.32.160
85.32.170
85.32.180
85.32.190
85.32.200
85.32.210
85.32.220
85.32.900
85.32.910
Declaration of necessity and purpose.
Definitions.
Powers of board in general.
Initial determination—Roll—Resolution, contents.
Contents of roll—Assessed, equalized value prima facie
correct—Separate levies for prior indebtedness—
Adjustment of roll.
Notice of hearing—Contents.
Written objections—Filing—Grounds—Waiver.
Additional roll due to omitted property or changed conditions.
Certification and filing of roll—Additional, supplemental
roll supplements original.
Reexamination of properties—Supplemental roll—
Certification and filing.
Roll is base for benefits against which levy made.
Levy for outstanding indebtedness.
Emergency warrants in excess of estimates.
Chapter exclusive method—Concurrent use of other method
to extinguish prior indebtedness—Special assessment
bonds.
Owners of extraterritorial lands on roll are electors and may
be commissioners—Corporations.
Roll proceedings are conclusive—Injunction upon limited
grounds.
Judicial review—Petition to superior court.
Judicial review—Filing of transcript, objections, resolution—Filing fees—No bond required—Notice of hearing
and trial.
Judicial review—Scope of trial.
Appellate review.
Levies are for continuous benefits.
Annual estimate of costs.
Powers and duties of chapter are supplemental.
Severability—1961 c 131.
85.32.010 Declaration of necessity and purpose.
The maintenance of drainage districts is essential to the
economy of the state. The influx of population and changes
in land use since many such districts were formed, has made
obsolete and unjust the method used under existing law to
provide funds for the operation of such districts and for the
maintenance and expansion of its drainage systems. Also, in
many instances, properties lying outside of the territorial
limits of such districts, have been and are being developed
in such a manner that waters therefrom, through artificial
rather than natural processes, are accumulated and discharged for outlet upon lands within such districts, and the
facilities of such district are used without charge to furnish
service and benefit to such lands. To furnish remedy for
such situations where they are found to exist the state
declares that it has an interest therein and this chapter is
passed. [1961 c 131 § 2.]
85.32.020 Definitions. As used in this chapter:
"District" means a regularly formed and established
drainage district under the provisions of this title.
"Board" means the board of commissioners of a
regularly formed and established drainage district under the
provisions of this title. [1961 c 131 § 3.]
85.32.030 Powers of board in general. The board
may: (1) Make initial determination that the district’s
[Title 85 RCW—page 64]
facilities furnish benefit to improvements upon land as well
as land alone within the district in protecting against and
furnishing run-off for surface and/or flood waters; (2) make
initial determination that lands and improvements thereon
outside of the territorial limits of the district are receiving a
service from the facilities of the district, and are benefited
thereby in that waters from such lands through ditches,
drains, or other artificial methods, other than by natural flow
or seepage, are so cast as to have outlet through the district’s
facilities; (3) determine that properties so found to be served
should pay a just proportion of the operational and maintenance costs of the district; (4) in connection with so finding,
cause a roll of property thus served and benefited by the
district’s facilities to be prepared and filed with it, and give
notice of a hearing thereon as provided in this chapter; (5)
hold public hearings to determine the ultimate facts and approve an ultimate roll of properties served and benefited by
the facilities of the district and valuations thereof to serve as
a basis against which annual dollar rate levy may be assessed for continuous benefits furnished such properties;
make revision thereof as the facts warrant from time to time;
provide for the levying of such dollar rate levy; and make
return of such roll finally adopted by certifying and filing a
copy thereof with the auditor, assessor and treasurer of the
county wherein the properties involved are located. [1973
1st ex.s. c 195 § 120; 1961 c 131 § 4.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.32.040 Initial determination—Roll—Resolution,
contents. In the initial instance, when the board of any
district, desires to use the method and procedure provided in
this chapter, and in order that uniformity may be had, it may
cause a roll of all properties within the district claimed to be
benefited by its drainage system, and in addition or as a part
thereof, a roll of all properties outside of the territorial limits
of said district claimed to be served and benefited by the
drainage systems of said district, to be prepared and filed
with it. Thereupon, the board shall by resolution declare:
(1) That it has made initial determination that the
district’s facilities are furnishing and will furnish service and
benefit to the properties, including improvements thereon,
described in such roll;
(2) That such roll has been filed with it and will remain
so filed and open to inspection by any party interested
therein at all reasonable times;
(3) That a public hearing will be held by the board at a
time and place stated to give consideration to the facts and
make ultimate determination of the same and to said roll;
(4) That when said roll is finally adopted, annual dollar
rate levies will be made by the district against said properties
based upon the valuation thereof as shown on said roll when
ultimately adopted to raise money based on benefit and
service for the continuous operation and maintenance of said
district;
(5) That at the time of hearing, it will hear all objections
filed and will review, adopt, modify, or revise said roll
consistent with existing facts to the end that property
receiving service and benefit from the facilities of the district
shall pay justly and equitably therefor in proportion to
benefit received and;
(2002 Ed.)
Drainage District Revenue Act of 1961
(6) That upon said hearing or adjournments thereof, the
board will determine the ultimate facts concerning service
and benefit received by all properties ultimately contained in
said roll and as to such properties it will adopt the roll in
final form and proceed as in this chapter provided. [1973
1st ex.s. c 195 § 121; 1961 c 131 § 5.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.32.050 Contents of roll—Assessed, equalized
value prima facie correct—Separate levies for prior
indebtedness—Adjustment of roll. The roll of properties
referred to in this chapter shall contain (1) a description of
all properties and improvements thereon, with the name of
the owner or the reputed owner thereof and his address as
shown on the tax rolls of the assessor or treasurer of the
county wherein the property is located, and (2) the determined value of such land and improvements thereon as last
assessed and equalized by the taxing agencies of such
county. Such assessed and equalized values shall be deemed
prima facie as a just, fair and correct base of value for
consideration by the board in its determination ultimately of
the just and correct base of value in each instance against
which annual dollar rates shall be levied by the district for
the operation of the district and the expansion and maintenance of its facilities.
If property outside of the territorial limits of the district
are upon the roll as adopted ultimately, and the district has
prior indebtedness existing, the board shall set up separate
dollar rate levies for the retirement thereof until it is extinguished, which levies shall be applied solely against the
properties within the territorial limits of the district. Adjustments of the roll shall be made before final adoption in such
a manner that the money raised through annual dollar rate
levies for maintenance, expansion and operational costs of
the district in no instance shall exceed the value of the
service rendered or to be rendered and the benefit received
and to be received by the property involved. [1973 1st ex.s.
c 195 § 122; 1961 c 131 § 6.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.32.060 Notice of hearing—Contents. When the
board causes a property roll to be filed with it and a hearing
to be held thereon as provided in this chapter, it shall give
notice of the hearing in the following manner:
The notice shall be published at least three times in
consecutive issues in a weekly newspaper, or once a week
for three consecutive weeks in a daily newspaper having
general circulation in the area involved. The last publication
shall be more than fifteen days prior to date of hearing. The
board also shall cause a copy of the notice to be mailed in
regular course of the federal mail at least thirty days prior to
the date of the hearing to the owner or reputed owner of the
property at his address, all as shown on the tax rolls or
records of the county taxing agencies of the county wherein
the property is situated, such notice being deemed adequate
and sufficient. The sworn affidavit of the one doing such
mailing shall be deemed conclusive of the fact that the
notice was mailed.
The notice shall state the following:
(2002 Ed.)
85.32.040
(1) That the board has tentatively determined that the
property of the owner or reputed owner named is receiving
and will receive service and benefit from the facilities of the
district;
(2) That the board has caused a tentative roll of the
properties with any improvements thereon which are receiving and will receive service and benefit to be filed with
it; and that the roll shows a base of valuation thereon for the
properties against which annual dollar rates will be levied
and collected in the same manner as general taxes to pay the
fair value of the benefit and service received and to be
received by the property through use of the facilities of the
district, and to pay the annual cost of operation, development
and maintenance of the district and its facilities;
(3) That on a date, time and place stated, the board will
give consideration to the facts and the roll, will hear all
objections filed, will review the roll and alter, modify, or
change the same consistent with facts established and with
equity and fair dealing concerning the properties involved to
the end that just levies will be made for service and benefits
received and to be received against each property for the
purposes mentioned; and at the hearing or continuance
thereof, it will adopt the roll in final form and certify and
file a copy thereof with the assessor and treasurer of the
county wherein the property is located; and will cause annual
millage to be levied against such established valuations for
the purposes stated;
(4) That all persons desiring to object to the proceedings, to the proposed base valuations, or to any other thing
or matter in connection with the proceedings, must file
written objections with the board stating clearly the basis of
the objection before the time of the hearing, or all objections
will be deemed waived. [1985 c 469 § 84; 1973 1st ex.s. c
195 § 123; 1961 c 131 § 7.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.32.070 Written objections—Filing—Grounds—
Waiver. Any person, owner or reputed owner having any
interest in any property against which the board seeks to
make a service and benefit charge under this chapter, may
object thereto. All such objections must be in writing and
filed with the board before the hearing is commenced upon
the roll containing such properties and must state clearly the
grounds of such objection. Objections not made within this
time and in this manner shall be deemed conclusively to
have been waived. [1961 c 131 § 8.]
85.32.080 Additional roll due to omitted property
or changed conditions. The board shall from time to time
examine the properties within and without said district, and
if it finds tentatively that property, including improvements
thereon, has been omitted from the existing roll, or conditions have changed so that there are new properties or
additional properties receiving benefit and service from the
facilities of the district without charge, it shall cause from
time to time an additional roll of such property to be filed
with it and shall proceed in the same manner as provided in
this chapter where the board causes property roll to be filed
with it. [1961 c 131 § 9.]
[Title 85 RCW—page 65]
85.32.090
Title 85 RCW: Diking and Drainage
85.32.090 Certification and filing of roll—
Additional, supplemental roll supplements original.
When any roll or additional or supplemental roll is adopted
by the board, a copy thereof shall be certified to and filed
with the auditor, the assessor and the treasurer of the county
wherein the property contained on said roll is situated.
Where the roll is a supplemental or additional roll, it shall
supplement the original roll. [1961 c 131 § 10.]
85.32.100 Reexamination of properties—
Supplemental roll—Certification and filing. The board
may at any time reexamine the properties on any roll, and
upon request of an owner shall do so, and if it is found that
the condition of such property or properties has changed so
that justly such property should be eliminated from any rolls
on file, or the base against which dollar rate is levied should
be lowered, it shall so determine and make a supplemental
roll with reference to such property or properties. When
adopted by it, the board shall certify and file a copy thereof
with the auditor, assessor and treasurer of the county
wherein the property is situated, and such officer shall alter
and change the existing rolls accordingly. [1973 1st ex.s. c
195 § 124; 1961 c 131 § 11.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.32.110 Roll is base for benefits against which
levy made. The roll certified to the county officers as in
this chapter provided, and any modification thereof as
provided, shall serve as the base of benefits as to land,
buildings and improvements furnished service and benefit by
the systems of the district against which valuations dollar
rates shall be levied and collected in the same manner as
general taxes from time to time for the continuing functioning of the district and its systems. The dollar rate shall be
levied in the manner required by law for dollar rate levies by
drainage districts. [1973 1st ex.s. c 195 § 125; 1961 c 131
§ 12.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.32.120 Levy for outstanding indebtedness. If any
property outside of the territorial limits of the district is
placed upon a roll as finally adopted, and at the time such
property becomes subject to charge for service and benefit
from the district’s system, there is an existing outstanding indebtedness owing by the district, the board shall make a
separate estimate of the revenue required to be raised to pay
or apply upon such indebtedness until it is extinguished, and
it shall proceed and certify the same as hereinabove provided, and no dollar rate for raising revenue to extinguish such
indebtedness shall be included in the levies made against any
properties lying outside of the territorial limits of said
district.
When thus levied, the amount of assessment produced
thereby shall be added by the general taxing authorities to
the general taxes against said lands and collected therewith
as a part thereof. If unpaid, any delinquencies in such
assessments shall bear interest at the same rate and in the
same manner as general taxes and they shall be included in
and be made a part of any general tax foreclosure pro[Title 85 RCW—page 66]
ceedings according to the provisions of law with relation to
such foreclosures. As assessment collections are made, the
county treasurer shall credit same to the funds of such
district. [1973 1st ex.s. c 195 § 126; 1961 c 131 § 13.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.32.130 Emergency warrants in excess of estimates. In the case of an emergency or disaster not in
contemplation at the time of making the annual estimate of
costs and declared to be such by resolution of the board, the
board may incur additional obligations and issue valid
warrants therefor in excess of such estimate in the manner
provided by law for issuance of warrants by drainage
districts and the servicing thereof, and all such warrants so
issued shall be valid as shown upon the then current roll of
said district filed with the county auditor. [1961 c 131 §
14.]
85.32.140 Chapter exclusive method—Concurrent
use of other method to extinguish prior indebtedness—
Special assessment bonds. Any district choosing to operate
under this chapter shall not use the processes provided for
raising revenue under any other law: PROVIDED, That if
for any reason it is deemed more just and advisable by the
board, any such other method or process for raising revenue
as provided by law may be used concurrently against
properties solely within the territorial limits of the district for
the sole purpose of extinguishing indebtedness incurred
before the district adopts the procedure of this chapter, in
which event no funds raised under this chapter shall be used
to pay such prior indebtedness. However, when a drainage
district issues special assessment bonds or notes after June
1, 1986, the process of raising revenue related to the bonds
or notes shall be as specified in chapter 85.38 RCW. [1986
c 278 § 39; 1961 c 131 § 15.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.32.150 Owners of extraterritorial lands on roll
are electors and may be commissioners—Corporations.
Whenever lands, or lands with improvements thereon, lying
outside of the existing territorial limits of such district are
ultimately placed upon the assessment roll of such district in
the manner provided by this chapter so that such lands are
subject to maintenance benefits as provided, the owner of
such land shall be deemed to be an elector within such
district, and shall have the same right to participate in all
district affairs and to vote upon all matters submitted to the
electors of said district, including that of electing or becoming commissioners for the district, all in the manner
provided for voting and elections under existing law pertaining to drainage districts. If such owner is a corporation, one
of its duly constituted officers shall be deemed to have the
right as an elector to vote on behalf of such corporation.
[1961 c 131 § 16.]
85.32.160 Roll proceedings are conclusive—
Injunction upon limited grounds. Whenever any roll shall
have been adopted by the board, the regularity, validity and
correctness of the proceedings relating thereto shall be
conclusive upon all parties and cannot in any manner be
(2002 Ed.)
Drainage District Revenue Act of 1961
contested or questioned in any proceeding whatsoever by any
person not filing written objections to such roll as provided
in RCW 85.18.050 and appealing from the action of the
board in confirming such roll in the manner and within the
time in this chapter provided. No proceeding of any kind,
except proceedings had through the process of appeal as in
this chapter provided, shall be commenced or prosecuted or
may be maintained for the purpose of defeating or contesting
any assessment or charge made through levies under this
chapter, or the sale of any property to pay such charges:
PROVIDED, That a suit in injunction may be brought to
prevent collection of charges or assessments or sale of
property thereunder upon the following grounds and no
other: (1) That the property charged or about to be sold
does not appear upon the district roll filed with the county
auditor, or (2) the charge or assessment has been paid.
[1961 c 131 § 17.]
85.32.170 Judicial review—Petition to superior
court. The decision of the board upon any objection made
within the time and in the manner prescribed in this chapter
may be reviewed by the superior court of the county wherein
the property in question is located. Any person aggrieved
must file his petition for writ of review with the clerk of the
superior court wherein the property is located within ten
days after the roll affecting such aggrieved party was
adopted by resolution, and he shall serve a copy thereof
upon the board. The petition shall describe the property in
question, set forth the written objections which were made
to the decision, give the date of filing of such objections,
and shall be signed by such party or someone in his behalf.
The court shall forthwith grant such petition if correct as to
form and filed in accordance with this section. [1961 c 131
§ 18.]
85.32.180 Judicial review—Filing of transcript,
objections, resolution—Filing fees—No bond required—
Notice of hearing and trial. Within ten days after the filing
of such petition for review, the board, unless the court shall
grant additional time, shall file with the clerk of such court
its certified transcript containing such portion of the roll as
is subject to review, any written objections thereto filed with
the board by the petitioner before such roll was adopted, and
a copy of the resolution adopting the roll. The filing fee
shall be a cost recoverable by petitioner against the district.
The clerk of the court shall charge the same filing fees
for petitions for review as in other civil actions. The
appellant need not file any bond to cause review to be had
by the superior court. The court shall, on motion of either
party to the cause, with notice to the other party, set the
same for hearing and trial without jury at the earliest time
available. [1961 c 131 § 19.]
85.32.190 Judicial review—Scope of trial. At the
trial the court shall determine whether the board has acted
within its discretion and has correctly construed and applied
the law. If it finds that it has, the findings and decision of
the board shall be affirmed; otherwise it shall be reversed or
modified. The judgment of the court may change, confirm,
correct, or modify the values of the property in question as
shown upon the roll, and a certified copy thereof shall be
(2002 Ed.)
85.32.160
filed with the county auditor, who shall change, modify or
correct as and if required. [1961 c 131 § 20.]
85.32.200 Appellate review. Appellate review may
be sought as in other civil cases: PROVIDED, That such
review must be sought within fifteen days after the date of
entry of the judgment of the superior court. The supreme
court or the court of appeals on such review may change,
confirm, correct or modify the values of the property in
question as shown upon the roll. A certified copy of any
judgment of the supreme court or the court of appeals shall
be filed with the county auditor having custody of such roll,
who shall thereupon change, modify, or correct such roll in
accordance with such decision, if required. [1988 c 202 §
84; 1971 c 81 § 169; 1961 c 131 § 21.]
Severability—1988 c 202: See note following RCW 2.24.050.
85.32.210 Levies are for continuous benefits. The
dollar rate levy returns collected from time to time under this
chapter are solely assessments for benefits received continuously by the benefited properties, calculated in the manner
specified in this chapter as a just and equitable way for all
benefited property to share the expense of such required
service. [1973 1st ex.s. c 195 § 127; 1961 c 131 § 22.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
85.32.220 Annual estimate of costs. The board of
any drainage district proceeding under this chapter shall, on
or before the first day of November of each year, make an
estimate of the costs reasonably anticipated to be required.
[1961 c 131 § 23.]
85.32.900 Powers and duties of chapter are supplemental. The rights, powers and duties granted and
imposed by this chapter are supplemental and in addition to
any existing rights, powers and duties of drainage districts
established under this title. [1961 c 131 § 24.]
85.32.910 Severability—1961 c 131. If any provision
of this chapter, or its application to any person or circumstance is held invalid, the remainder of the chapter, or the
application of the provision to other persons or circumstances is not affected. [1961 c 131 § 25.]
Chapter 85.36
POWERS OF SPECIAL DISTRICTS
(Formerly: Consolidation of districts)
Sections
85.36.005
85.36.025
85.36.040
85.36.050
Certain powers and rights governed by chapter 85.38 RCW.
Special assessments—Budgets—Alternative methods.
Special assessment bonds.
Annexation of territory—Consolidation of special districts—
Suspension of operations—Reactivation.
Special district creation and operation: Chapter 85.38 RCW.
85.36.005 Certain powers and rights governed by
chapter 85.38 RCW. Consolidated diking districts, drainage
districts, diking improvement districts, and drainage improvement districts shall possess the authority and shall be
[Title 85 RCW—page 67]
85.36.005
Title 85 RCW: Diking and Drainage
created, district voting rights shall be determined, and district
elections shall be held as provided in chapter 85.38 RCW.
[1985 c 396 § 35.]
Severability—1985 c 396: See RCW 85.38.900.
85.36.025 Special assessments—Budgets—
Alternative methods. RCW 85.38.140 through 85.38.170
constitute a mutually exclusive alternative method by which
consolidated diking districts, drainage districts, diking
improvement districts, and/or drainage improvement districts
in existence as of July 28, 1985, may measure and impose
special assessments and adopt budgets. RCW 85.38.150
through 85.38.170 constitute the exclusive method by which
consolidated diking districts, drainage districts, diking
improvement districts, and/or drainage improvement districts
created after July 28, 1985, may measure and impose special
assessments and adopt budgets. [1985 c 396 § 28.]
Severability—1985 c 396: See RCW 85.38.900.
85.36.040 Special assessment bonds. Special
assessment bonds and notes shall be issued and sold in
accordance with chapter 85.38 RCW. [1986 c 278 § 27.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.36.050 Annexation of territory—Consolidation of
special districts—Suspension of operations—Reactivation.
Consolidated diking districts, drainage districts, diking
improvement districts, and/or drainage improvement districts
may annex territory, consolidate with other special districts,
and have their operations suspended and be reactivated, in
accordance with chapter 85.38 RCW. [1986 c 278 § 15.]
Severability—1986 c 278: See note following RCW 36.01.010.
Chapter 85.38
SPECIAL DISTRICT CREATION AND OPERATION
Sections
85.38.001
85.38.005
85.38.010
85.38.020
85.38.030
85.38.040
85.38.050
85.38.060
85.38.070
85.38.075
85.38.080
85.38.090
85.38.100
85.38.105
85.38.110
85.38.115
85.38.120
85.38.125
85.38.130
85.38.140
85.38.145
85.38.150
Actions subject to review by boundary review board.
Purpose.
Definitions.
Establishment of special districts—Petition or resolution—
Contents.
Investigation of proposed boundaries and districts—Report.
Proposed special districts—Public hearing—Notice.
Public hearing—Elections.
Elections—Notice—Costs.
Governing board—Terms of office—Election—
Appointment—Vacancies—Qualifications.
Governing body—Compensation and expenses.
Governing body—Bond.
Governing body—Reduction in size.
General elections.
Voting rights.
Presumed eligible voters’ list—Notice of requirements of
voting authority—Copy of voter’s list to county auditor.
Elections—When not required.
Elections—Auditor’s assistance—Notice—Auditor’s costs.
Elections—Auditor to conduct—Election by mail.
Election officials—Duties—Voting hours—Challenged ballots—Absentee ballots.
Special district financing—Alternative method.
Rates and charges.
Special assessments—Valuation—Assessment zones—
Criteria for assessments.
[Title 85 RCW—page 68]
85.38.160
85.38.170
85.38.180
85.38.190
85.38.200
85.38.210
85.38.213
85.38.215
85.38.217
85.38.220
85.38.225
85.38.230
85.38.240
85.38.250
85.38.260
85.38.270
85.38.900
Systems of assessment—Hearing—Notice—Adoption of
ordinance—Appeals—Review—Emergency assessment.
Budgets—Special assessments—Notice—Delinquent special
assessments—Collection fee.
Special districts—Powers.
Construction of improvements—When public bidding not
required—Use of district employees or volunteers.
Annexation of contiguous territory—Procedures.
Consolidation of contiguous districts—Procedures.
Withdrawal of area within city or town.
Transfer of territory from one special district to another.
Drainage and drainage improvement districts—Removal of
area by first class city—Notice.
Suspension of operations—Procedure—Reactivation.
Alternative dissolution procedure—Drainage and drainage
improvement districts—Conditions.
Special assessment bonds authorized.
Special assessment bonds—Issuance—Terms.
Special assessment bonds—Guaranty fund.
Special assessment bonds—Refunding.
Special assessment bonds issued prior to July 1, 1986.
Severability—1985 c 396.
85.38.001 Actions subject to review by boundary
review board. The establishment of a drainage district,
drainage improvement district, or drainage or diking improvement district may be subject to potential review by a
boundary review board under chapter 36.93 RCW. Annexations, consolidations, or transfers of territory by a drainage
district, drainage improvement district, or drainage or diking
improvement district may be subject to potential review by
a boundary review board under chapter 36.93 RCW. [1989
c 84 § 64.]
85.38.005 Purpose. The purpose of this chapter is to
provide uniform and simplified procedures for the creation,
elections, and operations of various special districts that provide diking, drainage, and flood control facilities and
services. The legislature finds that it is in the public interest
to clarify and standardize the laws relating to these special
districts. [1985 c 396 § 1.]
85.38.010 Definitions. Unless the context clearly requires otherwise, the definitions in this section apply
throughout this chapter:
(1) "Governing body" means the board of commissioners, board of supervisors, or board of directors of a
special district.
(2) "Owner of land" means the record owner of at least
a majority ownership interest in a separate and legally
created lot or parcel of land, as determined by the records of
the county auditor, except that if the lot or parcel has been
sold under a real estate contract, the vendee or grantee shall
be deemed to be the owner of such land for purposes of
authorizing voting rights. It is assumed, unless shown otherwise, that the name appearing as the owner of property on
the property tax rolls is the current owner.
(3) "Qualified voter of a special district" means a person
who is either: (a) A natural person who is a voter under
general state election laws, registered to vote in the state of
Washington for a period of not less than thirty days before
the election, and the owner of land located in the special
district for a period of not less than thirty days before the
election; (b) a corporation or partnership that has owned land
located in the special district for a period of not less than
(2002 Ed.)
Special District Creation and Operation
sixty days before the election; or (c) the state, its agencies or
political subdivisions that own land in the special district or
lands proposed to be annexed into the special district except
that the state, its agencies and political subdivisions shall not
be eligible to vote to elect a member of the governing board
of a special district.
(4) "Special district" means: (a) A diking district; (b)
a drainage district; (c) a diking, drainage, and/or sewerage
improvement district; (d) an intercounty diking and drainage
district; (e) a consolidated diking district, drainage district,
diking improvement district, and/or drainage improvement
district; or (f) a flood control district.
(5) "Special district general election" means the election
of a special district regularly held on the first Tuesday after
the first Monday in February in each even-numbered year at
which a member of the special district governing body is
regularly elected. [1991 c 349 § 1; 1986 c 278 § 41; 1985
c 396 § 2.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.020 Establishment of special districts—
Petition or resolution—Contents. The establishment of a
special district may be initiated by either petition of the
owners of property located within the proposed special
district, or by resolution of the county legislative authority or
authorities within which the proposed special district is
located.
A petition calling for the creation of a special district,
which is signed by at least ten owners of land located within
the proposed district, shall be filed with the county legislative authority within which a proposed special district, or the
largest portion of a special district, is located. If the
proposed special district is proposed to be located within
more than one county, the county legislative authority
receiving the petitions shall notify the other county legislative authorities of the proposal. The petition shall set forth
in general terms: (1) The objects sought by the creation of
the special district; (2) the projects proposed to be completed
by the special district that will accomplish these objects; (3)
the boundaries of the proposed special district, which may be
stated in terms of sections, townships, and ranges; and (4)
any other matters deemed material by the petitioners. The
jurisdiction of the county legislative authority to proceed
with consideration of the creation of the proposed special
district shall not be affected by the form of the petition or
allegations on the petition. The petition shall be accompanied by proof of land ownership that is sufficient in the
opinion of the county legislative authority to evidence the
ownership of land by the petitioners within the proposed special district. A petition calling for the creation of a special
district shall be accompanied by a bond of five thousand
dollars to defray the costs incurred by the county, or
counties, in considering the creation of the special district.
A resolution proposing the creation of a special district
shall contain the same items as are required and permitted to
be contained in a petition to create a special district. [1985
c 396 § 3.]
85.38.030 Investigation of proposed boundaries and
districts—Report. Upon the filing of a valid petition or
upon the adoption of the resolution, the county legislative
(2002 Ed.)
85.38.010
authority shall direct the county engineer to investigate the
proposed boundaries of the special district and the feasibility
of the projects located in the county as proposed in the
petition or resolution. The engineer shall report to the
county legislative authority within ninety days of such
direction on the proposed boundaries of the special district
within the county and feasibility of that portion of the
proposed project. If the proposed special district is located
in more than one county, the county legislative authority of
each county shall direct its county engineer to investigate
and report on the proposal within its boundaries. [1985 c
396 § 4.]
85.38.040 Proposed special districts—Public hearing—Notice. The county legislative authority shall schedule
a public hearing on the proposed special district if the county
engineer’s report indicates that the proposed projects are
feasible. If the engineers of each of the counties within
which a proposed special district is located indicate that the
proposed projects are feasible, the county legislative authorities shall schedule a joint public hearing on the proposed special district. The county legislative authority may,
on its own initiative, schedule a public hearing on the
proposed special district if the county engineer’s report
indicates that the proposed projects are not feasible. The
county legislative authorities of counties within which a
proposed special district is located may, on their own initiative, schedule a joint public hearing on the proposed special
district if one or more of the county engineers’ reports indicate that the proposed projects are not feasible.
Notice of the public hearing shall be published in a
newspaper of general circulation within the proposed special
district, which notice shall be purchased in the manner of a
general advertisement, not to be included with legal advertisements or with classified advertisements. This notice shall
be published at least twice, not more than twenty nor less
than three days before public hearing. Additional notice
shall be made as required in RCW 79.44.040.
The notice must contain the following: (1) The date,
time, and place of the public hearing; (2) a statement that a
particular special district is proposed to be created; (3) a
general description of the proposed projects to be completed
by the special district; (4) a general description of the
proposed special district boundaries; and (5) a statement that
all affected persons may appear and present their comments
in favor of or against the creation of the proposed special
district. [1991 c 349 § 8; 1985 c 396 § 5.]
85.38.050 Public hearing—Elections. The county
legislative authority or authorities shall conduct the public
hearing at the date, time, and place indicated in the notice.
Public hearings may be continued to other dates, times, and
places specified by the county legislative authority or
authorities before the adjournment of the public hearing.
Each county legislative authority may alter those portions of
boundaries of the proposed special district that are located
within the county, but if territory is added that was not
described in the original proposed boundaries, an additional
hearing on the proposal shall be held with notice being
published as provided in RCW 85.38.040.
[Title 85 RCW—page 69]
85.38.050
Title 85 RCW: Diking and Drainage
After receiving the public testimony, the county legislative authority may cause an election to be held to authorize
the creation of a special district if it finds:
(1) That creation of the special district will be conducive to the public health, convenience and welfare;
(2) That the creation of the special district will be of
special benefit to a majority of the lands included within the
special district; and
(3) That the proposed improvements are feasible and
economical, and that the benefits of these improvements
exceed costs for the improvements.
If the proposed special district is located within two or
more counties, the county legislative authorities may cause
an election to be held to authorize the creation of the special
district upon making the findings set forth in subsections (1)
through (3) of this section.
The county legislative authority or authorities may also
choose not to allow such an election to be held by either
failing to act or finding that one or more of these factors are
not met. [1991 c 349 § 9; 1985 c 396 § 6.]
85.38.060 Elections—Notice—Costs. The county
legislative authority or authorities shall cause an election on
the question of creating the special district to be held if
findings as provided in RCW 85.38.050 are made. The
county legislative authority or authorities shall designate a
time and date for such election, which shall be one of the
special election dates provided for in RCW 29.13.020,
together with the site or sites at which votes may be cast.
The persons allowed to vote on the creation of a special
district shall be those persons who, if the special district
were created, would be qualified voters of the special district
as described in RCW 85.38.010. The county auditor or
auditors of the counties within which the proposed special
district is located shall conduct the election and prepare a list
of presumed eligible voters.
Notices for the election shall be published as provided
in RCW 85.38.040. The special district shall be created if
the proposition to create the special district is approved by
a simple majority vote of the voters voting on the proposition and the special district may assume operations whenever
the initial members of the governing body are appointed as
provided in RCW 85.38.070.
Any special district created after July 28, 1985, may
only have special assessments measured and imposed, and
budgets adopted, as provided in RCW 85.38.140 through
85.38.170.
If the special district is created, the county or counties
may charge the special district for the costs incurred by the
county engineer or engineers pursuant to RCW 85.38.030
and the costs of the auditor or auditors related to the election
to authorize the creation of the special district pursuant to
this section. Such county actions shall be deemed to be
special benefits of the property located within the special
district that are paid through the imposition of special
assessments. [1991 c 349 § 10; 1985 c 396 § 7.]
85.38.070 Governing board—Terms of office—
Election—Appointment—Vacancies—Qualifications. (1)
Except as provided in RCW 85.38.090, each special district
shall be governed by a three-member governing body. The
[Title 85 RCW—page 70]
term of office for each member of a special district governing body shall be six years and until his or her successor is
elected and qualified. One member of the governing body
shall be elected at the time of special district general
elections in each even-numbered year for a term of six years
beginning as soon as the election returns have been certified
for assumption of office by elected officials of cities.
(2) The terms of office of members of the governing
bodies of special districts, who are holding office on July 28,
1985, shall be altered to provide staggered six-year terms as
provided in this subsection. The member who on July 28,
1985, has the longest term remaining shall have his or her
term altered so that the position will be filled at the February
1992, special district general election; the member with the
second longest term remaining shall have his or her term
altered so that the position will be filled at the December,
1989, special district general election; and the member with
the third longest term of office shall have his or her term altered so that the position will be filled at the December,
1987, special district general election.
(3) The initial members of the governing body of a
newly created special district shall be appointed by the
legislative authority of the county within which the special
district, or the largest portion of the special district, is
located. These initial governing body members shall serve
until their successors are elected and qualified at the next
special district general election held at least ninety days after
the special district is established. At that election the first
elected members of the governing body shall be elected. No
primary elections may be held. Any voter of a special
district may become a candidate for such a position by filing
written notice of this intention with the county auditor at
least thirty, but not more than sixty, days before a special
district general election. The county auditor in consultation
with the special district shall establish the filing period. The
names of all candidates for such positions shall be listed
alphabetically. At this first election, the candidate receiving
the greatest number of votes shall have a six-year term, the
candidate receiving the second greatest number of votes shall
have a four-year term, and the candidate receiving the third
greatest number of votes shall have a two-year term of
office. The initially elected members of a governing body
shall take office immediately when qualified as defined in
RCW 29.01.135. Thereafter the candidate receiving the
greatest number of votes shall be elected for a six-year term
of office. Members of a governing body shall hold their
office until their successors are elected and qualified, and
assume office as soon as the election returns have been
certified.
(4) The requirements for the filing period and method
for filing declarations of candidacy for the governing body
of the district and the arrangement of candidate names on the
ballot for all special district elections conducted after the
initial election in the district shall be the same as the
requirements for the initial election in the district. No
primary elections may be held for the governing body of a
special district.
(5) Whenever a vacancy occurs in the governing body
of a special district, the legislative authority of the county
within which the special district, or the largest portion of the
special district, is located, shall appoint a district voter to
serve until a person is elected, at the next special district
(2002 Ed.)
Special District Creation and Operation
general election occurring sixty or more days after the
vacancy has occurred, to serve the remainder of the unexpired term. The person so elected shall take office immediately when qualified as defined in RCW 29.01.135.
If an election for the position which became vacant
would otherwise have been held at this special district
election, only one election shall be held and the person
elected to fill the succeeding term for that position shall take
office immediately when qualified as defined in RCW
29.01.135 and shall serve both the remainder of the unexpired term and the succeeding term. A vacancy occurs upon
the death, resignation, or incapacity of a governing body
member or whenever the governing body member ceases
being a qualified voter of the special district.
(6) An elected or appointed member of a special district
governing body, or a candidate for a special district governing body, must be a qualified voter of the special district:
PROVIDED, That the state, its agencies and political
subdivisions, or their designees under RCW 85.38.010(3)
shall not be eligible for election or appointment. [1991 c
349 § 11; 1987 c 298 § 2; 1986 c 278 § 42; 1985 c 396 §
8.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.075 Governing body—Compensation and
expenses. The members of the governing body may each
receive up to seventy dollars for attendance at official
meetings of the governing body and for each day or major
part thereof for all necessary services actually performed in
connection with their duties as a member. The governing
body shall fix the compensation to be paid to the members,
secretary, and all other agents and employees of the district.
Compensation for the members shall not exceed six thousand
seven hundred twenty dollars in one calendar year. A
member is entitled to reimbursement for reasonable expenses
actually incurred in connection with such business, including
subsistence and lodging, while away from the member’s
place of residence, and mileage for use of a privately owned
vehicle in accordance with chapter 42.24 RCW.
Any member may waive all or any portion of his or her
compensation payable under this section as to any month or
months during his or her term of office, by a written waiver
filed with the secretary as provided in this section. The
waiver, to be effective, must be filed any time after the
member’s election and prior to the date on which the
compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
[1998 c 121 § 12.]
85.38.080 Governing body—Bond. Each member of
a governing body of a special district, whether elected or
appointed, shall enter into a bond, payable to the special
district. The bond shall be in the sum of not less than one
thousand dollars nor more than five thousand dollars, as
determined by the county legislative authority of the county
within which the special district, or the largest portion of the
special district, is located. The bond shall be conditioned on
the faithful performance of his or her duties as a member of
the governing body of the special district and shall be filed
with the county clerk of the county within which the special
(2002 Ed.)
85.38.070
district, or the largest portion of the special district, is
located. [1987 c 298 § 3; 1985 c 396 § 9.]
85.38.090 Governing body—Reduction in size. (1)
Whenever the governing body of a special district has more
than three members, the governing body shall be reduced to
three members as of January 1, 1986, by eliminating the
positions of those district governing body members with the
shortest remaining terms of office. The remaining three governing body members shall have staggered terms with the
one having the shortest remaining term having his or her
position filled at the 1987 special district general election,
the one with the next shortest remaining term having his or
her position filled at the 1989 special district general
election, and the one with the longest remaining term having
his or her position filled at the 1992 special district general
election. If any of these remaining three governing body
members have identical remaining terms of office, the newly
calculated remaining terms of these persons shall be determined by lot with the county auditor who assists the special
district in its elections managing such lot procedure. The
newly established terms shall be recorded by the county
auditor.
(2) However, whenever five or more special districts
have consolidated under chapter 85.36 RCW and the
consolidated district has five members in its governing body
on July 28, 1985, the consolidated district may adopt a
resolution retaining a five-member governing body. At any
time thereafter, such a district may adopt a resolution and
reduce the size of the governing body to three members with
the reduction occurring as provided in subsection (1) of this
section, but the years of the effective dates shall be extended
so that the reduction occurs at the next January 1st occurring
after the date of the adoption of the resolution. Whenever
a special district is so governed by a five-member governing
body, two members shall be elected at each of two consecutive special district general elections, and one member shall
be elected at the following special district general election,
each to serve a six-year staggered term. [1991 c 349 § 12;
1985 c 396 § 10.]
85.38.100 General elections. General elections shall
be held in each special district on the first Tuesday after the
first Monday in February in each even-numbered year. The
auditor of the county within which a special district, or the
largest portion of a special district, is located may provide
for special elections whenever necessary. [1991 c 349 § 5;
1985 c 396 § 11.]
85.38.105 Voting rights. (1) The owner of land
located in a special district who is a qualified voter of the
special district shall receive two votes at any election.
(2) If multiple undivided interests, other than community
property interests, exist in a lot or parcel and no person
owns a majority undivided interest, the owners of undivided
interests at least equal to a majority interest may designate
in writing:
(a) Which owner is eligible to vote and may cast two
votes; or
(b) Which two owners are eligible to vote and may cast
one vote each.
[Title 85 RCW—page 71]
85.38.105
Title 85 RCW: Diking and Drainage
(3) If land is owned as community property, each
spouse is entitled to one vote if both spouses otherwise
qualify to vote, unless one spouse designates in writing that
the other spouse may cast both votes.
(4) A corporation, partnership, or governmental entity
shall designate:
(a) A natural person to cast its two votes; or
(b) Two natural persons to each cast one of its votes.
(5) Except as provided in RCW 85.08.025 and
86.09.377, no owner of land may cast more than two votes
or have more than two votes cast for him or her in a special
district election. [1991 c 349 § 2.]
85.38.110 Presumed eligible voters’ list—Notice of
requirements of voting authority—Copy of voter’s list to
county auditor. A list of presumed eligible voters shall be
prepared and maintained by each special district. The list
shall include the assessor’s tax number for each lot or parcel
in the district, the name or the names of the owners of such
lots and parcels and their mailing address, the extent of the
ownership interest of such persons, and if such persons are
natural persons, whether they are known to be registered
voters in the state of Washington. Whenever such a list is
prepared, the district shall attempt to notify each owner of
the requirements necessary to establish voting authority to
vote. Whenever lots or parcels in the district are sold, the
district shall attempt to notify the purchasers of the requirements necessary to establish voting authority. Each special
district shall provide a copy of this list, and any revised list,
to the auditor of the county within which all or the largest
portion of the special district is located. The special district
must compile the list of eligible voters and provide it to the
county auditor by the first day of November preceding the
special district general election. In the event the special
district does not provide the county auditor with the list of
qualified voters by this date, the county auditor shall compile
the list and charge the special district for the costs required
for its preparation. The county auditor shall not be held
responsible for any errors in the list. [1991 c 349 § 13;
1985 c 396 § 12.]
85.38.115 Elections—When not required. No
election shall be held to elect a member of a special district
governing body, or to fill the remainder of an unexpired
term which arose from a vacancy on the governing body, if
no one or only one person files for the position.
If only one person files for the position, he or she shall
be considered to have been elected to the position at the
election that otherwise would have taken place for such
position.
If no one files for the position and the upcoming
election is one at which someone would have been elected
to fill the expired term, the position shall be treated as
vacant at the expiration of the term.
If no one files for the position and the upcoming
election is one at which someone would have been elected
to fill the remaining term of office, the person appointed to
fill the vacancy shall be considered to have been elected to
the position at the election and shall serve for the remainder
of the unexpired term. [1991 c 349 § 6.]
[Title 85 RCW—page 72]
85.38.120 Elections—Auditor’s assistance—Notice—
Auditor’s costs. The auditor of the county within which a
special district, or the largest portion of a special district, is
located shall assist such special district with its elections as
provided in this section.
(1) The county auditor shall publish notice of an
election to create a special district and notice of all special
district elections not conducted by mail in a newspaper of
general circulation in the special district at least once not
more than ten nor less than three days before the election.
The notices shall describe the election, give its date and
times to be held, and indicate the election site or sites in the
special district where ballots may be cast.
(2) If a special district has at least five hundred qualified voters, then the county auditor shall publish in a
newspaper of general circulation in the special district a
notice of the filing period and place for filing a declaration
of candidacy to become a member of the governing body.
This notice shall be published at least seven days prior to the
closing of the filing period. If the special district has less
than five hundred qualified voters, then the special district
shall mail or deliver this notice to each qualified voter of the
special district at least seven days prior to the closing of the
filing period.
(3) All costs of the county auditor incurred related to
such elections shall be reimbursed by the special district.
[1991 c 349 § 14; 1985 c 396 § 13.]
85.38.125 Elections—Auditor to conduct—Election
by mail. (1) If a special district has less than five hundred
qualified voters, then the special district must contract with
the county auditor to conduct the special district elections.
The county auditor has the discretion as to whether to
conduct the election by mail.
(2) If a special district has at least five hundred qualified voters, the special district may contract with the county
auditor to staff the voting site during the election or contract
with the county auditor to conduct the election by mail. A
special district with at least five hundred qualified voters
may also choose to conduct its own elections. A special
district that conducts its own elections must enter into an
agreement with the county auditor that specifies the responsibilities of both parties.
(3) If the county auditor conducts a special district election by mail, then the provisions of chapter 29.36 RCW
which govern elections by mail, except for the requirements
of *RCW 29.36.120, shall apply. [1991 c 349 § 15.]
*Reviser’s note: RCW 29.36.120 was recodified as RCW 29.38.010
pursuant to 2001 c 241 § 25.
85.38.130 Election officials—Duties—Voting
hours—Challenged ballots—Absentee ballots. For special
district elections that are not conducted by mail, the governing body of each special district shall appoint three voters of
the special district, who may be members of the governing
body, to act as election officials, unless the special district
contracts with the county auditor to staff the election site.
The election officials shall distribute a ballot or ballots to
each voter of the special district who arrives at the voting
place during the hours for the election on the day of the
election and requests a ballot. Ballots shall also be provided
(2002 Ed.)
Special District Creation and Operation
to those persons arriving at the polling place during the
hours for the election on the day of the election who present
documents or evidence sufficient to establish their eligibility
to vote. A person arriving at the polling place at such times
who demands a ballot, but who fails to present documents or
evidence which in the opinion of the election officials is
sufficient to establish eligibility to vote, shall be given a
ballot clearly marked as "challenged" and shall be allowed
to vote. Each challenged ballot shall be numbered consecutively and a list of such persons and their ballot numbers
shall be made.
The governing body of each special district shall
designate those hours from 7 a.m. to 8 p.m. during which the
election shall be held: PROVIDED, That at least six
consecutive hours must be designated. When the election is
over, the election officials shall secure the ballots and
transport the ballots to the county auditor’s office by noon
of the day following the election. The auditor may, at his or
her discretion, station a deputy auditor or auditors at the
election site who shall observe the election and transport the
ballots to the auditor’s office. The auditor shall count the
ballots and certify the count of votes for and against each
measure and for each candidate appearing on the ballot. A
separate count shall be made of any challenged ballots. A
challenged ballot shall be counted as a normal ballot if
documents or evidence are supplied to the auditor before
4:00 p.m. on the day after the election that, in the opinion of
the auditor, are sufficient to establish the person’s eligibility
to vote.
Additionally, voting by absentee ballot shall be allowed
in every special district. A request for an absentee ballot
may be made by an eligible voter by mail or in person to the
county auditor who supervises the special district elections.
An absentee ballot shall be provided to each voter of a
special district requesting such a ballot under this section.
A person requesting such a ballot may present information
establishing his or her eligibility to vote in such a special
district. The auditor shall provide an absentee ballot to each
person requesting an absentee ballot who is either included
on the list of presumed eligible voters or who submits
information which, in the auditor’s opinion, establishes his
or her eligibility to vote. The names of these persons so
determined to be eligible to vote shall be added to the list of
presumed eligible voters for the appropriate special district.
The request for an absentee ballot must be made no more
than forty-five days before the election. To be valid,
absentee ballots must be postmarked on or before the day of
the election and mailed to the county auditor. [1991 c 349
§ 16; 1985 c 396 § 14.]
85.38.140 Special district financing—Alternative
method. The process by which budgets are adopted, special
assessments are measured and imposed, rates and charges are
fixed, and assessment zones are established, as provided in
RCW 85.38.140 through 85.38.170, shall constitute an
alternative optional method of financing special districts. A
special district in existence prior to July 28, 1985, may conform with RCW 85.38.140 through 85.38.170 when its
governing body adopts a resolution indicating its intention to
conform with such laws. Whenever such a resolution is
adopted, or a new special district is created on or after July
(2002 Ed.)
85.38.130
28, 1985, RCW 85.38.140 through 85.38.170 shall be the
exclusive method by which the special district measures and
imposes special assessments and adopts its budget. The
governing body of a special district that was created before
July 28, 1985, and which operates under RCW 85.38.140
through 85.38.170, may adopt a resolution removing the
special district from operating under RCW 85.38.140 through
85.38.170, and operate under alternative procedures available
to the special district. A county may charge a special
district for costs the county incurs in establishing a system
or systems of assessment for the special district pursuant to
RCW 85.38.140 through 85.38.170. [1993 c 464 § 3; 1985
c 396 § 15.]
85.38.145 Rates and charges. Regardless of whether
any special assessments have been or may be imposed on a
particular parcel of real property pursuant to this chapter, in
order to implement the authority granted under RCW
85.38.180(3), a special district may fix rates and charges
payable by owners or occupiers of real estate within the
special district. When fixing rates and charges, the district
may consider the degree to which activities on a parcel of
real property, including on-site septic systems, contribute to
the problems that the special district is authorized to address
under RCW 85.38.180(3). [1993 c 464 § 4.]
85.38.150 Special assessments—Valuation—
Assessment zones—Criteria for assessments. (1) Special
district special assessments shall be imposed only on real
property within the district that uses or will use the special
district’s facilities or receives or will receive special benefits
from the special district’s operations and facilities. Both privately owned and publicly owned real property, including
real property owned by the state, is subject to these special
assessments. Mobile homes located on real property within
a special district shall be considered an improvement to the
real property for purposes of imposing special assessments.
(2) Special assessments imposed upon real property,
other than improvements, shall be a function of the dollar
value of benefit or use per acre and the assessment zone in
which the real property is located. Special assessments
imposed upon an improvement shall be a function of the
dollar value of benefit or use assigned to the type or class of
improvements and the assessment zone in which the improvement is located.
(3) Assessment zones shall be established in which each
zone reflects a different relative ratio of benefit or use that
the real property within such a zone receives, or will receive,
from the special district’s operations and facilities. That real
property receiving the greatest benefits, or which uses the
special district’s facilities to the greatest extent, shall be
placed into class No. 1 and assigned a value of one hundred
percent; that real property receiving the next greatest
benefits, or which uses the special district’s facilities to the
next greatest extent, shall be placed into class No. 2 and
assigned a lower percentage value; and so on, extending to
the class of least benefits or use. That real property receiving no benefits or use shall be designated "nonbenefit." If
all real property in the special district is found to have the
same relative ratio of benefit or use, a single assessment
zone may be established.
[Title 85 RCW—page 73]
85.38.150
Title 85 RCW: Diking and Drainage
(4) Any one or more of the following criteria shall be
used in measuring the manifest degrees or ratios of benefit
or use: (a) Proximity to the special district’s facilities; (b)
height above or below dikes and levees; (c) easier accessibility; (d) facility of drainage; (e) minimization of flood or
inundation damage; (f) actual flood protection; (g) use of the
special district’s facilities; and (h) any other criteria established by the county under RCW 85.38.160 that measure
manifest degrees of benefit or use from the special district’s
facilities and operations.
(5) Special assessments may be imposed to pay for the
construction, repair, and maintenance of special district
facilities and for special district operations. Administrative
and operational costs of the special district shall be proportionally included in these special assessments. [1985 c 396
§ 16.]
85.38.160 Systems of assessment—Hearing—
Notice—Adoption of ordinance—Appeals—Review—
Emergency assessment. (1) The county within which each
special district is located shall establish a system or systems
of assessment for the special district as provided in this
section. A differing system of assessment shall be established for different classes of facilities that a special district
provides or will provide, including a separate system of
assessment for diking and drainage facilities if both classes
of facilities are provided. Whenever a special district is
located in more than one county, the county within which
the largest portion of the special district is located shall
establish the system or systems of assessment for the entire
special district. A system of assessment shall include
assessment zones, the acreage included in each assessment
zone, a dollar value of benefit or use per acre, and various
classes or types of improvements together with a dollar value
of benefit or use for an improvement included in each of the
classes or types of improvements. The county shall establish
which improvements shall be subject to special assessments
and shall establish one or more types or classes of such
improvements.
(2) The engineer of the county shall prepare a preliminary system or systems of assessment for each special
district. Each system of assessment that is prepared for a
special district shall be designed to generate a total of one
thousand dollars in revenue for the special district.
The preliminary system or systems of assessment shall
be filed with the county legislative authority. A public
hearing on the preliminary system or systems of assessment
shall be held by the county legislative authority. Notice of
the public hearing shall be published in a newspaper, in
general circulation in the special district, for two consecutive
weeks with the final notice being published not less than
fourteen, nor more than twenty-one days, before the public
hearing. Notice shall also be mailed to each owner or reputed owner, as shown on the assessor’s tax rolls, of each lot
or parcel subject to such assessments. The mailed notice
shall indicate the amount of assessment on the lot or parcel
that, together with all other assessments in the system of
assessment, would raise one thousand dollars. The mailed
notice shall indicate that this assessment amount is not being
imposed, but is a hypothetical assessment that, if combined
with all other hypothetical assessments in the system of as[Title 85 RCW—page 74]
sessment, would generate one thousand dollars, and that this
hypothetical assessment is proposed to be used to establish
a system or systems of assessment for the special district.
Where a special district currently is imposing special
assessments and a property owner’s property is subject to
these special assessments, the mailed notice to this property
owner also shall use the hypothetical special assessment in
conjunction with the total special assessments imposed by
the special district in that year to provide a comparison
special assessment value to the property owner. This notice
shall indicate that the comparison special assessment value
is not being imposed, and should be considered for comparative purposes only. Where a special district is not currently
imposing special assessments, the mailed notice may include,
if deemed appropriate by the county engineer and if such
figures are available, an estimated special assessment value
for the property owner’s property using this hypothetical
special assessment in conjunction with special district-wide
level of special assessments that possibly would be imposed
in the following year. Where a county is imposing rates and
charges for storm water or surface water control facilities
pursuant to chapters 36.89 or 36.94 RCW, the county shall
credit such rates and charges with assessments imposed
under this section by a special district to fund drainage
facilities and the maintenance of drainage facilities.
(3) The county legislative authority shall hold a public
hearing on the preliminary system or systems of assessment
on the day specified in the notices. Persons objecting to the
preliminary system or systems of assessment may present
their objections at this public hearing, which may be continued if necessary. The county legislative authority shall adopt
an ordinance finalizing the system or systems of assessment
after making any changes that in its discretion are necessary.
The county legislative authority shall have broad discretion
in establishing systems of assessment. The decision of the
county legislative authority shall be final, except for appeals.
Any person objecting to the system or systems of assessment
must appeal such decision to the superior court of the county
within which all, or the largest portion, of the special district
is located within twenty days of the adoption of the ordinance.
(4) The system or systems of assessment of each special
district shall be reviewed by the county engineer and
finalized by the county legislative authority at least once
every four years. A system or systems of assessment shall
be finalized on or before the first of September in the year
that it is finalized. The legislative authority of a county that
is responsible for establishing a system or systems of
assessment for more than one special district may, at its
option, stagger the initial finalization of such systems of
assessment for different special districts over a period of up
to four years. Assessments shall be collected in special
districts pursuant to the district’s previous system of assessment until the system or systems of assessment under this
chapter is finalized under this section.
(5) New improvements shall be noted by the special
district as they are made and shall be subject to special
assessments in the year after the improvement is made.
(6) The county legislative authority, upon request by a
special district, may authorize the special district to impose
and collect emergency assessments pursuant to the special
district’s system or systems of assessment whenever the
(2002 Ed.)
Special District Creation and Operation
emergent protection of life or property is necessary. [1985
c 396 § 17.]
85.38.170 Budgets—Special assessments—Notice—
Delinquent special assessments—Collection fee. Budgets
for each special district shall be adopted, and special
assessments imposed, annually for the succeeding calendar
year. On or before December 1st of each year, the governing body of the special district shall adopt a resolution
approving a budget for the succeeding year and special
assessments sufficient to finance the budget. A copy of the
resolution and the budget shall be forwarded immediately to
the county legislative authority of the county or counties
within which the special district is located and to the
treasurer of the county or counties in which the special district is located. Special assessments necessary to generate
funds for this budget shall be imposed pursuant to the
system or systems of assessment established by the county.
Special assessments shall be collected by the county treasurer or treasurers within which the special district is located.
Notice of the special assessments due may be included on
the notice of property taxes due, may be included on a
separate notice that is mailed with the notice of property
taxes due, or may be sent separately from the notice of
property taxes due. Special assessments shall be due at the
same time property taxes are due and shall constitute liens
on the land or improvements upon which they are imposed.
Delinquent special assessments shall be foreclosed in the
same manner, and subject to the same time schedules, interest, and penalties as delinquent property taxes. County
treasurers may impose a fee for collecting special assessments not to exceed one percent of the dollar value of
special assessments collected. [1985 c 396 § 18.]
85.38.180 Special districts—Powers. A special district may:
(1) Engage in flood control activities, and investigate,
plan, construct, acquire, repair, maintain, and operate
improvements, works, projects, and facilities necessary to
prevent inundation or flooding from rivers, streams, tidal
waters or other waters. Such facilities include dikes, levees,
dams, banks, revetments, channels, canals, and other works,
appliances, machinery, and equipment.
(2) Engage in drainage control, storm water control, and
surface water control activities, and investigate, plan,
construct, acquire, repair, maintain, and operate improvements, works, projects, and facilities necessary to control and
treat storm water, surface water, and flood water. Such
facilities include drains, ditches, canals, nonsanitary sewers,
pumps, and other works, appliances, machinery, and equipment.
(3) Engage in lake or river restoration, aquatic plant
control, and water quality enhancement activities.
(4) Take actions necessary to protect life and property
from inundation or flow of flood waters, storm waters, or
surface waters.
(5) Acquire, purchase, condemn by power of eminent
domain pursuant to chapters 8.08 and 8.25 RCW, or lease,
in its own name, necessary property, property rights,
facilities, and equipment.
(2002 Ed.)
85.38.160
(6) Sell or exchange surplus property, property rights,
facilities, and equipment.
(7) Accept funds and property by loan, grant, gift, or
otherwise from the United States, the state of Washington,
or any other public or private source.
(8) Hire staff, employees, or services, or use voluntary
labor.
(9) Sue and be sued.
(10) Cooperate with or join the United States, the state
of Washington, or any other public or private entity or
person for district purposes.
(11) Enter into contracts.
(12) Exercise any of the usual powers of a corporation
for public purposes. [1991 c 349 § 17; 1985 c 396 § 19.]
85.38.190 Construction of improvements—When
public bidding not required—Use of district employees or
volunteers. Any proposed improvement or part thereof, not
exceeding five thousand dollars in cost, may be constructed
by district employees: PROVIDED, That this shall not
restrict a special district from using volunteer labor and
equipment on improvements, and providing reimbursement
for actual expenses. [1987 c 298 § 4; 1986 c 278 § 50.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.200 Annexation of contiguous territory—
Procedures. (1) Territory that is contiguously located to a
special district may be annexed by the special district as
provided in this section under the petition and election,
resolution and election, or direct petition method of annexation.
(2) An annexation under the election method may be
initiated by the filing of a petition requesting the action that
is signed by at least ten owners of property in the area
proposed to be annexed or the adoption of a resolution
requesting such action by the governing body of the special
district. The petitions shall be filed with the governing body
of the special district that is requested to annex the territory.
An election to authorize an annexation initiated under the
petition and election method may be held only if the
governing body approves the annexation. An annexation
under either election method shall be authorized if the voters
of the area proposed to be annexed approve a ballot proposition favoring the annexation by a simple majority vote. The
annexation shall be effective when results of an election so
favoring the annexation are certified by the county auditor or
auditors. The election, notice of the election, and eligibility
to vote at the election shall be as provided for the creation
of a special district.
(3) An annexation under the direct petition method of
annexation may be accomplished if the owners of a majority
of the acreage proposed to be annexed sign a petition
requesting the annexation, and the governing body of the
special district approves the annexation. The petition shall
be filed with the governing body of the special district. The
annexation shall be effective when the governing body
approves the annexation.
(4) Whenever a special district annexes territory under
this section, the exclusive method by which the special
district measures and imposes special assessments upon real
[Title 85 RCW—page 75]
85.38.200
Title 85 RCW: Diking and Drainage
property within the entire enlarged area shall be as set forth
in RCW 85.38.150 through 85.38.170. [1986 c 278 § 8.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.210 Consolidation of contiguous districts—
Procedures. Two or more special districts that are contiguously located with each other, or which occupy all or part
of the same territory, may consolidate as provided in this
section. The consolidation shall result in the creation of a
flood control district.
A consolidation may be initiated by: (1) The filing of
a petition requesting the action that is signed by eligible
voters of each special district who constitute at least ten
percent of the eligible voters of the special district, or who
own at least a majority of the acreage in the special district;
or (2) the adoption of a resolution requesting such action by
the governing body of each special district. The petitions
shall be filed with, and the resolutions shall be submitted to,
the county legislative authority of the county within which
all or the largest portion of the special districts is located.
The auditor of the county, or auditors of the counties, within
which these districts are located shall authenticate the
signatures on the petitions and certify the results. An
election to authorize the consolidation shall be held not more
than one hundred eighty days after the date of the filing of
the resolutions, or the determination that sufficient valid
signatures are included on the petition from the voters of
each of the special districts.
The consolidation shall be authorized if voters in each
of the special districts approve a ballot proposition favoring
the consolidation by a simple majority vote. Members of the
governing body of the consolidated special district shall be
selected as provided in RCW 85.38.070 for a newly created
special district and the consolidation shall be effective when
these initial members of the governing body are so appointed.
All moneys, rights, property, assets and liabilities of the
consolidating special districts shall vest in and become the
obligation of the new consolidated special district, except
that any indebtedness of a consolidating special district shall
remain an indebtedness of the original consolidating special
district and lands within the original consolidating special
district. The governing body of the new consolidated special
district shall impose special assessments on lands in the
original consolidating special district to redeem this indebtedness. However, the new consolidated special district may
issue funding or refunding bonds or notes and fund or refund
such indebtedness. The new consolidated special district
may continue imposing special assessments pursuant to the
various systems of assessment used by the original consolidating special districts, or may establish a new system or
systems of assessment in all or part of the new consolidated
special district to finance its operations. [1986 c 278 § 9.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.213 Withdrawal of area within city or town.
A special district may withdraw area from its boundaries that
is located within the boundaries of a city or town, or area
that includes area both within and adjacent to the boundaries
of any city or town, under this section.
[Title 85 RCW—page 76]
(1) The withdrawal of area is authorized upon the
following conditions being met: (a) Adoption of a resolution
by the special district requesting withdrawal of the area from
the district; (b) adoption of a resolution by the city or town
council approving the withdrawal of the special district from
the area; (c) assumption by the city or town of full responsibility for the maintenance, improvements, and collection of
payment for the operation of the system previously operated
by the special district in the area; (d) transfer by the special
district of all rights-of-way or easements in the area to the
city or town by quit claim or deed; and (e) adoption of an
interlocal agreement between the special district and the city
or town that reimburses the special district for lost assessment revenue from the withdrawn area, that transfers any
facilities or improvements owned by the special district to
the city or town as agreed between the parties, and that
requires the city or town to maintain existing water run-off
and water quality levels in the area.
(2) Property in the territory withdrawn from the
boundaries of a special district under this section shall
remain liable for any special assessments of the special
district from which it was withdrawn, if the special assessments are associated with bonds or notes used to finance
facilities serving the property, to the same extent as if the
withdrawal of property had not occurred. [1993 c 464 § 2.]
85.38.215 Transfer of territory from one special
district to another. Territory that is located in one special
district may be transferred from that special district to
another special district as provided in this section, if a
portion of this territory is coterminous with a portion of the
boundaries of the special district to which it is transferred.
Such a transfer shall be accomplished using the procedures
in RCW 85.38.200 for annexing territory, except that the
governing body of both special districts must approve the
transfer and make findings that the transfer is in the public
interest and that the special district to which the territory is
transferred is better able to provide the activities and facilities serving the territory than the special district from which
the territory is transferred.
Property in the territory so transferred shall remain
liable for any special assessments of the special district from
which it was transferred, if the special assessments are
associated with bonds or notes used to finance facilities
serving the property, to the same extent as if the transfer had
not occurred.
A transfer of territory also may include the transfer of
property, facilities, and improvements owned by one special
district to the other special district, with or without consideration being paid. [1987 c 298 § 1.]
85.38.217 Drainage and drainage improvement
districts—Removal of area by first class city—Notice.
Any portion of a drainage district or drainage improvement
district located within the boundaries of a first class city
operating a storm drain utility pursuant to RCW 35.67.030
may be removed from the drainage district or drainage
improvement district by ordinance of the city. The removal
of an area shall not result in the impairment of any contract
nor remove the liability or obligation to finance district
improvements that serve the area so removed as of the
(2002 Ed.)
Special District Creation and Operation
effective date of the ordinance. Residents of the district to
be removed shall be given substantial notice of the impending action and the opportunity to respond to the action.
[1991 c 28 § 3.]
85.38.220 Suspension of operations—Procedure—
Reactivation. Any special district may have its operations
suspended as provided in this section. The process of
suspending a special district’s operations may be initiated by:
(1) The adoption of a resolution proposing such action by
the governing body of the special district; (2) the filing of a
petition proposing such action with the county legislative
authority of the county in which all or the largest portion of
the special district is located, which petition is signed by
voters of the special district who own at least ten percent of
the acreage in the special district or is signed by ten or more
voters of the special district; or (3) the adoption of a
resolution proposing such action by the county legislative
authority of the county in which all or the largest portion of
the special district is located.
A public hearing on the proposed action shall be held by
the county legislative authority at which it shall inquire into
whether such action is in the public interest. Notice of the
public hearing shall be published in a newspaper of general
circulation in the special district, posted in at least four
locations in the special district to attract the attention of the
public, and mailed to the members of the governing body of
the special district, if there are any. After the public
hearing, the county legislative authority may adopt a resolution suspending the operations of the special district if it
finds such suspension to be in the public interest, and shall
provide a copy of the resolution to the county treasurer.
When a special district is located in more than one county,
the legislative authority of each of such counties must so act
before the operations of the special district are suspended.
After holding a public hearing on the proposed reactivation of a special district that has had its operations
suspended, the legislative authority or authorities of the
county or counties in which the special district is located
may reactivate the special district by adopting a resolution
finding such action to be in the public interest. Notice of the
public hearing shall be posted and published as provided for
the public hearing on a proposed suspension of a special
district’s operations. The governing body of a reactivated
special district shall be appointed as in a newly created
special district.
No special district that owns drainage or flood control
improvements may be suspended unless the legislative
authority of a county accepts responsibility for operation and
maintenance of the improvements during the suspension
period. [2001 c 299 § 20; 1986 c 278 § 10.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.225 Alternative dissolution procedure—
Drainage and drainage improvement districts—
Conditions. As an alternative to this chapter a drainage
district or drainage improvement district located within the
boundaries of a county storm drainage and surface water
management utility, and which is not currently imposing
assessments, may be dissolved by ordinance of the county
(2002 Ed.)
85.38.217
legislative authority. If the alternative dissolution procedure
in this section is used the following shall apply:
(1) The county storm drainage and surface water
management utility shall assume responsibility for payment
or settlement of outstanding debts of the dissolved drainage
district or drainage improvement district, and shall notify the
county treasurer at such time of the assumption of responsibility.
(2) All assets, including money, funds, improvements,
or property, real or personal, shall become assets of the
county in which the dissolved drainage district or drainage
improvement district was located.
(3) Notwithstanding RCW 85.38.220, the county storm
drainage and surface water management utility may determine how to best manage, operate, maintain, improve,
exchange, sell, or otherwise dispose of all property, real and
personal, of the dissolved drainage district or drainage
improvement district, and may determine to modify, cease
the operation of, and/or remove any or all facilities or
improvements to real property of the dissolved drainage
district or drainage improvement district. [2001 c 299 § 21;
1991 c 28 § 2.]
85.38.230 Special assessment bonds authorized. A
special district may issue special assessment bonds or notes
to finance costs related to providing, improving, expanding,
or enlarging improvements and facilities if the county
legislative authority within which all or the major part of the
special district is located authorizes the issuance of such
bonds or notes. The decision of a county legislative authority authorizing or failing to authorize a proposed issue of
special assessment bonds or notes constitutes a discretionary
function, and shall not give rise to a cause of action against
the county, county legislative authority, or any member of
the county legislative authority. [1986 c 278 § 18.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.240 Special assessment bonds—Issuance—
Terms. (1) Special assessment bonds and notes issued by
special districts shall be issued and sold in accordance with
chapter 39.46 RCW, except as otherwise provided in this
chapter. The maximum term of any special assessment bond
issued by a special district shall be twenty years. The maximum term of any special assessment note issued by a special
district shall be five years.
(2) The governing body of a special district issuing
special assessment bonds or notes shall create a special fund
or funds, or use an existing special fund or funds, from
which, along with any special assessment bond guaranty
fund the special district has created, the principal of and
interest on the bonds or notes exclusively are payable.
(3) The governing body of a special district may provide
such covenants as it may deem necessary to secure the
payment of the principal of and interest on special assessment bonds or notes, and premiums on special assessment
bonds or notes, if any. Such covenants may include, but are
not limited to, depositing certain special assessments into a
special fund or funds, and establishing, maintaining, and collecting special assessments which are to be placed into the
special fund or funds. The special assessments covenanted
to be placed into such a special fund or funds after June 11,
[Title 85 RCW—page 77]
85.38.240
Title 85 RCW: Diking and Drainage
1986, only may include all or part of the new system of
special assessments imposed for such purposes, pursuant to
RCW 85.38.150 and 85.38.160. Special assessment bonds
or notes issued after July 26, 1987, may not be payable from
special assessments imposed under authorities other than
those provided in chapter 85.38 RCW.
(4) A special assessment bond or note issued by a
special district shall not constitute an indebtedness of the
state, either general or special, nor of the county, either
general or special, within which all or any part of the special
district is located. A special assessment bond or note shall
not constitute a general indebtedness of the special district
issuing the bond or note, but is a special obligation of the
special district and the interest on and principal of the bond
or note shall be payable only from special assessments
covenanted to be placed into the special fund or funds, and
any special assessment bond guaranty fund the special
district has created.
The owner of a special assessment bond or note, or the
owner of an interest coupon, shall not have any claim for the
payment thereof against the special district arising from the
special assessment bond or note, or interest coupon, except
for payment from the special fund or funds, the special
assessments covenanted to be placed into the special fund or
funds, and any special assessment bond guaranty fund the
special district has created. The owner of a special assessment bond or note, or the owner of an interest coupon, issued by a special district shall not have any claim against the
state, or any county within which all or part of the special
district is located, arising from the special assessment bond,
note, or interest coupon. The special district issuing the special assessment bond or note shall not be liable to the owner
of any special assessment bond or note, or owner of any
interest coupon, for any loss occurring in the lawful operation of its special assessment bond guaranty fund.
The substance of the limitations included in this
subsection shall be plainly printed, written, engraved, or
reproduced on: (a) Each special assessment bond or note
that is a physical instrument; (b) the official notice of sale;
and (c) each official statement associated with the bonds or
notes. [1987 c 298 § 5; 1986 c 278 § 19.]
85.38.270 Special assessment bonds issued prior to
July 1, 1986. Special assessment bonds or notes issued by
a special district prior to July 1, 1986, shall continue to be
retired and be subject to the laws under which they were
issued. [1986 c 278 § 22.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.900 Severability—1985 c 396. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1985 c 396 § 88.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.250 Special assessment bonds—Guaranty
fund. The governing body of a special district issuing
special assessment bonds or notes may create and pay money
into a special assessment bond guaranty fund to guaranty
special assessment bonds and notes issued by the special district. A portion of the special assessments collected by a
special district may be placed into its special assessment
bond guaranty fund. [1986 c 278 § 20.]
Severability—1986 c 278: See note following RCW 36.01.010.
85.38.260 Special assessment bonds—Refunding. A
special district may issue funding or refunding special
assessment bonds or notes to refund outstanding bonds or
notes. Such funding or refunding bonds or notes shall be
subject to the provisions of law governing other special
assessment bonds or notes. [1986 c 278 § 21.]
Severability—1986 c 278: See note following RCW 36.01.010.
[Title 85 RCW—page 78]
(2002 Ed.)
Title 86
FLOOD CONTROL
Chapters
86.05
86.09
86.12
86.13
86.15
86.16
86.18
86.24
86.26
Flood control districts—1935 act.
Flood control districts—1937 act.
Flood control by counties.
Flood control by counties jointly.
Flood control zone districts.
Flood plain management.
Flood control contributions.
Flood control by state in cooperation with
federal agencies, etc.
State participation in flood control maintenance.
Assessments and charges against public lands: Chapter 79.44 RCW.
Authority of cities and towns to contract for dikes, levies, etc.: RCW
35.21.090.
Bridges, obstructions in navigable waters: Chapter 88.28 RCW.
Construction projects in state waters: Chapter 77.55 RCW.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
County roads and bridges: Chapter 36.81 RCW.
Diking and drainage: Title 85 RCW.
Draining lowlands by cities and towns: Chapter 35.56 RCW.
Easements over state lands: Chapter 79.36 RCW.
Elections: Title 29 RCW.
Facilitating recovery from Mt. St. Helens eruption
scope of local government action: RCW 36.01.150.
scope of state agency action: RCW 43.01.210.
Flood control bonds legal investment for mutual savings bank: RCW
32.20.110.
Harbors, tidelands, tidewaters: State Constitution Art. 15 § 1 (Amendment
15), Art. 17.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Irrigation districts: Title 87 RCW.
Lien for labor and materials on public works: Chapter 60.28 RCW.
Limitation of actions, special assessments: RCW 4.16.030.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.90.150.
Metropolitan municipal corporations: Chapter 35.58 RCW.
Planning enabling act: Chapter 36.70 RCW.
Port districts: Title 53 RCW.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Reclamation districts: Title 89 RCW.
River and harbor improvements: Chapter 88.32 RCW.
Safeguarding open canals and ditches: RCW 35.43.040, 35.44.045,
36.88.015, 36.88.350, 36.88.380 through 36.88.400, 87.03.480,
87.03.526.
Soil and water conservation districts: Chapter 89.08 RCW.
Special election in cities, towns or districts to fill unexpired term: RCW
29.21.410.
(2002 Ed.)
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
State reclamation act: Chapter 89.16 RCW.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
United States reclamation areas: Chapter 89.12 RCW.
Water rights: Title 90 RCW.
Waterways: Title 91 RCW.
Weather modification and control: Chapter 43.37 RCW.
Chapter 86.05
FLOOD CONTROL DISTRICTS—1935 ACT
Sections
86.05.920
Repeal of RCW 86.05.010 through 86.05.910—Saving—
Option to conform to chapter 86.09 RCW—Validation.
86.05.920 Repeal of RCW 86.05.010 through
86.05.910—Saving—Option to conform to chapter 86.09
RCW—Validation. Sections 1 through 79, chapter 160,
Laws of 1935, section 1, chapter 82, Laws of 1949, section
1, chapter 20, Laws of 1953 and RCW 86.05.010 through
86.05.910 are each repealed: PROVIDED, That districts
heretofore established pursuant to said laws may continue to
be operated and maintained as provided therein (except that
the tort liability immunity provided for in section 32, chapter
160, Laws of 1935 and RCW 86.05.320 shall no longer apply); or may take such action as may be required to conform
to the provisions of chapter 72, Laws of 1937 and chapter
86.09 RCW regulating the maintenance and operation of
flood control districts to the same extent and to the same
effect as if originally organized under said act: PROVIDED
FURTHER, That the organization of such districts and the
validation of indebtedness heretofore incurred and the limitations upon indebtedness incurred after the effective date of
this 1970 amendatory act shall be governed as follows:
(1) Each and all of the flood control districts heretofore
organized and established under sections 1 through 79,
chapter 160, Laws of 1935, section 1, chapter 82, Laws of
1949, section 1, chapter 20, Laws of 1953 and RCW
86.05.010 through 86.05.910 are hereby validated and
declared to be duly existing flood control districts having
their respective boundaries as set forth in their organization
proceedings as shown by the files in the offices of the
auditors of each of the counties affected;
(2) All debts, contracts, and obligations heretofore made
by or in favor of, and all bonds or other obligations heretofore executed in connection with or in pursuance of attempted organization, and all other things and proceedings heretofore done or taken by any flood control district heretofore
established, operated and maintained under sections 1
through 79, chapter 160, Laws of 1935, section 1, chapter
82, Laws of 1949, section 1, chapter 20, Laws of 1953 and
[Title 86 RCW—page 1]
86.05.920
Title 86 RCW: Flood Control
RCW 86.05.010 through 86.05.910 are hereby declared legal
and valid and of full force and effect until such are fully
satisfied and/or discharged.
(3) The limitation upon indebtedness prescribed in
repealed section RCW 86.05.380 to an amount not exceeding
one and one-half percent of the taxable property in such
district without the assent of three-fifths of the voters therein
and three percent of such property with such assent shall
henceforth be to an amount not exceeding three-fourths of
one percent of the value of the taxable property in such
district without the assent of three-fifths of the voters therein
and one and one-half percent of such property with such
assent. The limitation upon indebtedness referred to in
repealed section RCW 86.05.720 of one and one-half percent
of the taxable property in such district shall henceforth be
three-fourths of one percent of the value of the taxable
property in such district. The term "value of the taxable
property" as used in this paragraph shall have the meaning
set forth in RCW 39.36.015. [1970 ex.s. c 42 § 40; 1967 c
164 § 8; 1965 c 26 § 16.]
Severability—1970 ex.s. c 42: See note following RCW 39.36.015.
Effective date—1970 ex.s. c 42: The effective date of the 1970
amendment to this section is November 1, 1970, see note following RCW
39.36.015.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
Chapter 86.09
FLOOD CONTROL DISTRICTS—1937 ACT
Sections
86.09.001
86.09.004
86.09.010
86.09.013
86.09.016
86.09.019
86.09.020
86.09.148
86.09.151
86.09.152
86.09.154
86.09.157
86.09.160
86.09.163
86.09.166
86.09.169
86.09.172
86.09.175
86.09.178
86.09.181
86.09.196
86.09.202
86.09.205
86.09.208
86.09.211
Districts authorized—Purpose.
Districts to provide control of water—Territory includable—
Powers of district wholly within city or town.
Authorized purposes.
State school or other public lands includable.
Interest in public lands considered as private property—State
or public title not affected.
Federal lands includable.
Certain powers and rights governed by chapter 85.38 RCW.
District’s corporate powers.
General powers of districts.
Exemption of farm and agricultural land from special benefit
assessments.
Sale, lease, use of water by district.
Special assessment bonds authorized—Payment from income.
Power of district to act for United States.
Contracts with United States or state—Supervision of works.
Contracts with United States or state—Control, management
of works—Contribution of funds.
Contracts with United States or state—Bonds as security—
Annual assessment and levy.
Contracts with United States or state—When submission to
electors required.
Installment contracts—Approval.
Construction contracts—Public bids, procedure.
Contractor’s bond.
Construction in parts or units—Liability for assessment.
Eminent domain—Authorized.
Eminent domain—Procedure.
Eminent domain—Consolidation of actions—Separate verdicts.
Eminent domain—Damages, how determined—Judgment
when damages exceed benefits.
[Title 86 RCW—page 2]
86.09.214
86.09.217
86.09.220
86.09.223
86.09.226
86.09.229
86.09.232
86.09.235
86.09.259
86.09.265
86.09.268
86.09.271
86.09.274
86.09.277
86.09.280
86.09.283
86.09.286
86.09.292
86.09.301
86.09.304
86.09.307
86.09.310
86.09.313
86.09.319
86.09.322
86.09.325
86.09.328
86.09.377
86.09.379
86.09.380
86.09.382
86.09.385
86.09.388
86.09.391
86.09.394
86.09.397
86.09.400
86.09.403
86.09.406
86.09.409
86.09.412
86.09.415
86.09.418
86.09.421
86.09.424
86.09.427
86.09.430
86.09.433
86.09.439
86.09.442
86.09.445
86.09.448
86.09.451
Eminent domain—Judgment, when benefits equal or exceed
damages.
Eminent domain—Right to levy on other land not affected.
Eminent domain—Unpaid damages to be applied in satisfaction of levies—Deficiency assessments.
Eminent domain—Title and estate acquired.
Right of entry to make surveys and locate works.
Crossing road or public utility—Notice, plan, cost, etc.
Right-of-way on state land, exception.
Power to construct works inside or outside of district.
Board of directors—Number—Officers.
Board of directors—Quorum—Majority vote required.
Board of directors—Powers and duties.
Board of directors—Location of district office—Change of
location.
Board of directors—Meetings—Change of date.
Board of directors—Special meetings—When notice required—Authorized business.
Board of directors—Meetings and records public—Printing
of bylaws and rules.
Board of directors—Compensation and expenses of members and employees.
Board of directors—Personal interest in contracts prohibited—Penalty—Officer may be employed.
Board of directors—Chairman of county commissioners may
act when quorum not present.
Board of directors—Oath.
Bond of officer or employee handling funds.
Bonds—Cost charged to district.
Delivery of property to successor.
Nearest county treasurer as ex officio district treasurer.
Treasurer’s liability.
County treasurers to collect and remit assessments.
Disbursement of funds by district treasurer.
Monthly report by district treasurer.
Voting rights.
Elections—Informality not fatal.
Special assessments—Budgets—Alternative methods.
Assessments—Presumption that land benefited by class—
Benefit ratio basis of assessment.
Assessments—Base map of lands within the district.
Assessments—Appointment of appraisers—Determination of
benefit ratios.
Assessments—Appraisers’ board, chairman and secretary—
Compensation and expenses.
Assessments—Classification of lands according to benefits—Factors considered.
Assessments—Classification of lands by appraisers—Classes
described.
Assessments—Percentage of benefits to lands as classed—
Relative ratios.
Assessments—Surveys, investigations to determine classification and benefits.
Assessments—Permanency of ratios of benefits as fixed.
Assessments—Alternative method of determining benefit
ratios.
Assessments—Alternative method, percentage shall fix the
class.
Assessments—Determining relative values—General tax
rolls.
Assessments—Revision of benefit classification—
Appointment of reappraisers—Effect of reexamination.
Assessments—Descriptions of lands as appraised and classified—Map and filing thereof.
Assessments—Hearing on objections to assessment ratios—
Time—Place.
Assessments—Notice of hearing, publication.
Assessments—Contents of notice of hearing.
Assessments—Conduct of hearing—Order.
Assessments—Conclusiveness of base assessment map.
Assessments—Copies of base assessment map to be filed
with county assessors.
Assessments—Levies to be made according to base assessment map.
Assessments—Appeal to courts.
Assessments—Notice of appeal.
(2002 Ed.)
Flood Control Districts—1937 Act
86.09.454
86.09.457
86.09.460
86.09.463
86.09.466
86.09.469
86.09.472
86.09.475
86.09.478
86.09.481
86.09.484
86.09.487
86.09.489
86.09.490
86.09.493
86.09.496
86.09.499
86.09.502
86.09.505
86.09.508
86.09.511
86.09.514
86.09.517
86.09.520
86.09.523
86.09.526
86.09.529
86.09.532
86.09.535
86.09.538
86.09.541
86.09.544
86.09.547
86.09.550
86.09.553
86.09.556
86.09.559
86.09.562
86.09.565
86.09.592
86.09.595
86.09.598
86.09.601
86.09.616
86.09.619
86.09.621
86.09.622
86.09.625
86.09.627
86.09.700
86.09.703
(2002 Ed.)
Assessments—Appeal—Stay bond, when required.
Assessments—Civil practice to apply—Costs, liability of
district.
Assessments—Appeal from superior to supreme court.
Assessments—County legislative authority’s determination
deemed prima facie correct on appeal.
Assessments—District budget—Approval—Basis for assessment roll.
Assessments—Assessment roll, contents—Headings.
Assessments—Margin for anticipated delinquencies.
Assessments—How calculated.
Assessments—Omitted property may be back-assessed.
Assessments—Lands in more than one county.
Equalization of assessments—Notice and time for meeting
of board of equalization.
Equalization of assessments—Meeting of directors as board,
length of time—Completion of roll.
Levy where total assessment less than two dollars.
Assessment lien—Priority.
Payment of assessment—Date of delinquency—Notice to
pay—Assessment book—Statements.
Delinquency list—Posting and publication.
Sale for delinquent assessments—Postponement.
Sale for delinquent assessments—How conducted—
Certificate of sale—District as purchaser—Fee.
Sale for delinquent assessments—Entries in assessment
book—Book open to inspection—Lien vested in purchaser.
Sale for delinquent assessments—Redemption, when and
how made.
Sale for delinquent assessments—Entry of redemption—
Deed on demand if not redeemed in two years—Fee.
Sale for delinquent assessments—Effect and validity of
deed.
Sale for delinquent assessments—Mistake, misnomer does
not affect sale.
District lands exempt from general taxes—Leasing, application of proceeds.
Liability of city, town or subdivision for benefits to roads,
streets, or sewer systems.
Liability of public and private lands for benefits.
Assessment payment by city, county, subdivision—Payment
by state for highway benefit.
District funds—Created.
District funds—Expense fund—Composition—Use.
District funds—Surplus fund—Composition—Use.
District funds—Suspense fund—Composition—Use.
District funds—General bond fund—Composition—Use.
District funds—Utility bond fund—Composition—Use.
District funds—Contract fund—Composition—Use.
District funds—Custody and disbursement.
Claims against district.
Claims against district—For administrative expenses, cost,
maintenance—Payroll.
District funds paid by warrant—Exception.
Warrants paid in order of issuance.
Utility revenue bonds—Authorized.
Utility revenue bonds—Limited obligation—Payment from
special fund.
Utility revenue bonds—Form, terms, interest, etc.
Utility revenue bonds—Election to authorize.
Utility revenue bonds and coupons—Order of payment—
When funds deficient.
District directors to make provision for payment—Procedure
on failure of directors.
Special assessment bonds.
Dissolution of districts—Procedure.
Dissolution of districts—When complete.
Disincorporation of district located in county with a population of two hundred ten thousand or more and inactive
for five years.
Revision of district—Petition.
Revision of district—Establishment of revised district—
Review of benefits—Liability of original district—
Segregation of funds.
Chapter 86.09
86.09.710
Annexation of territory—Consolidation of special districts—
Suspension of operations—Reactivation.
86.09.900 Other statutes preserved.
86.09.910 Chapter supplemental to other acts.
86.09.920 Chapter liberally construed.
86.09.930 Severability—1937 c 72.
Deferral of special assessments: Chapter 84.38 RCW.
Special district creation and operation: Chapter 85.38 RCW.
86.09.001 Districts authorized—Purpose. Flood
control districts may be created and maintained in this state,
as herein provided, for the protection of life and property,
the preservation of the public health and the conservation
and development of the natural resources of the state of
Washington. [1937 c 72 § 1; RRS § 9663E-1. Formerly
RCW 86.08.005, part.]
86.09.004 Districts to provide control of water—
Territory includable—Powers of district wholly within
city or town. Such flood control districts shall be organized
to provide for the ultimate necessary control of the entire
part, or all, of the stream system of any stream or tributary,
or for the protection against tidal or any bodies of water,
within this state and may include all or part of the territory
of any county and may combine the territory in two or more
such counties, in which any of the lands benefited from the
organization and maintenance of a flood control district are
situated.
A district established wholly within the boundaries of
any city or town may also provide for the collection, control,
and safe and suitable conveyance over and across the
district, of intermittent surface and drainage water, originating within or without its boundaries, to suitable and adequate
outlets. [1965 c 26 § 1; 1937 c 72 § 2; RRS § 9663E-2.
Formerly RCW 86.08.005, part.]
86.09.010 Authorized purposes. Such flood control
districts may be organized or maintained for any, or all, the
following general purposes:
(1) The investigation, planning, construction, improvement, replacement, repair or acquisition of dams, dikes,
levees, ditches, channels, canals, banks, revetments and other
works, appliances, machinery and equipment and property
and rights connected therewith or incidental thereto, convenient and necessary to control floods and lessen their danger
and damages.
(2) The cooperation with any agency or agencies of the
United States and/or of the state of Washington in investigating and controlling floods and in lessening flood dangers and
damages. [1937 c 72 § 4; RRS § 9663E-4. Formerly RCW
86.08.005, part.]
86.09.013 State school or other public lands
includable. State granted school or other public lands of the
state of Washington may be included within such flood
control districts. [1937 c 72 § 5; RRS § 9663E-5. Formerly
RCW 86.08.010, part.]
86.09.016 Interest in public lands considered as
private property—State or public title not affected. All
leases, contracts or other form of holding any interest in any
state or public land shall be treated as the private property of
[Title 86 RCW—page 3]
86.09.016
Title 86 RCW: Flood Control
the lessee or owner of the contractual or possessory interest
therein: PROVIDED, That nothing in this chapter or in any
proceeding authorized thereunder shall be construed to affect
the title of the state or other public ownership. [1937 c 72
§ 6; RRS § 9663E-6. Formerly RCW 86.08.010, part.]
86.09.019 Federal lands includable. Lands of the
federal government may be included within such districts in
the manner and subject to the conditions, now or hereafter
specified in the statutes of the United States. [1937 c 72 §
7; RRS § 9663E-7. Formerly RCW 86.08.010, part.]
86.09.020 Certain powers and rights governed by
chapter 85.38 RCW. Flood control districts shall possess
the authority and shall be created, district voting rights shall
be determined, and district elections shall be held as provided in chapter 85.38 RCW. [1985 c 396 § 36.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.148 District’s corporate powers. A flood
control district created under this chapter shall constitute a
body corporate and shall possess all the usual powers of a
corporation for public purposes as well as all powers that
may now or hereafter be conferred by law. [1967 c 164 §
9; 1937 c 72 § 50; RRS § 9663E-50. Formerly RCW
86.08.260, part.]
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
86.09.151 General powers of districts. (1) Said
flood control districts shall have full authority to carry out
the objects of their creation and to that end are authorized to
acquire, purchase, hold, lease, manage, improve, repair,
occupy, and sell real and personal property or any interest
therein, either inside or outside the boundaries of the district,
to enter into and perform any and all necessary contracts, to
appoint and employ the necessary officers, agents and
employees, to sue and be sued, to exercise the right of
eminent domain, to levy and enforce the collection of special
assessments and in the manner herein provided against the
lands within the district, for district revenues, and to do any
and all lawful acts required and expedient to carry out the
purpose of this chapter.
(2) In addition to the powers conferred in this chapter
and those in chapter 85.38 RCW, flood control districts may
engage in activities authorized under RCW 36.61.020 for
lake management districts using procedures granted in this
chapter and in chapter 85.38 RCW. [1986 c 278 § 52; 1937
c 72 § 51; RRS § 9663E-51. Formerly RCW 86.08.260,
part.]
Severability—1986 c 278: See note following RCW 36.01.010.
86.09.152 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
86.09.154 Sale, lease, use of water by district. Duly
created flood control districts, when maintaining and operat[Title 86 RCW—page 4]
ing flood control works, shall have authority incidental
thereto to lease, acquire, construct, operate and maintain
appropriate instrumentalities for the use and sale or lease of
water for any and all beneficial purposes and for the drainage, diking, or irrigation of lands upon the payment to the
district of the reasonable cost of such service on a semiannual or monthly toll basis. [1937 c 72 § 52; RRS § 9663E-52.
Formerly RCW 86.08.260, part.]
86.09.157 Special assessment bonds authorized—
Payment from income. Said flood control districts shall
also have authority to issue and sell special assessment
bonds or notes of the district in accordance with chapter
85.38 RCW. [1986 c 278 § 40; 1937 c 72 § 53; RRS §
9663E-53. Formerly RCW 86.08.790, part.]
Severability—1986 c 278: See note following RCW 36.01.010.
86.09.160 Power of district to act for United States.
Flood control districts created under the provisions of this
chapter shall have authority to act as fiscal agent or other
authority for the United States to make collections of money
for or on behalf of the United States or any federal agency
thereof in connection with the operations of said district,
whereupon said district and the county treasurer for said
district shall be authorized to act and to assume the duties
and liabilities incident to such action and the district board
shall have full power to do any and all things required by
any statute now or hereafter enacted in connection therewith
and to do all things required by the rules and regulations
now or that may hereafter be established by any department
or agency of the state or federal government in regard thereto. [1937 c 72 § 54; RRS § 9663E-54. Formerly RCW
86.08.260, part.]
86.09.163 Contracts with United States or state—
Supervision of works. The district board shall have
authority to enter into any obligation or contract authorized
by law with the United States or with the state of Washington for the supervision of the construction, for the construction, reconstruction, betterment, extension, purchase, operation or maintenance of the necessary works for the control
of floods or for any other service furthering the objects for
which said flood control district is created under the provisions of the law of the state of Washington or of the United
States and all amendments or extensions thereof and the
rules and regulations established thereunder. [1937 c 72 §
55; RRS § 9663E-55. Formerly RCW 86.08.260, part.]
86.09.166 Contracts with United States or state—
Control, management of works—Contribution of funds.
Flood control districts created under this chapter shall have
authority to enter into contracts with, and/or contribute funds
to, the United States or any agency thereof, or with, and/or
contribute funds to, the state of Washington, under any act
of congress or of the state of Washington now in force or
hereafter enacted for the assumption of the control and
management of the works for such period as may be
designated in the contract, or other cooperative arrangement.
[1937 c 72 § 56; RRS § 9663E-56. Formerly RCW
86.08.270, part.]
(2002 Ed.)
Flood Control Districts—1937 Act
86.09.169 Contracts with United States or state—
Bonds as security—Annual assessment and levy. In case
a contract has been or shall be hereafter made between the
district and the United States, or any agency thereof, or with
the state of Washington, as herein provided, bonds of the
district may be deposited with the United States, or any
agency thereof, or with the state of Washington, as payment
or as security for future payment at not less than ninety
percent of the par value, the interest on said bonds to be
provided for by assessment and levy as in the case of bonds
of the district sold to private persons and regularly paid to
the United States, or any agency thereof, or to the state of
Washington, to be applied as provided in such contract and
if bonds of the district are not so deposited it shall be the
duty of the board of directors to include as part of any levy
or assessment against the lands of the district, an amount
sufficient to meet each year all payments accruing under the
terms of any such contract. [1937 c 72 § 57; RRS § 9663E57. Formerly RCW 86.08.270, part.]
86.09.172 Contracts with United States or state—
When submission to electors required. No contract,
however, requiring the levy of assessments for more than
one year shall be entered into by the district as above
provided unless a proposition of entering into such a contract
shall have first been submitted to the electors of the district
as herein provided for the calling, noticing, conducting and
canvassing of special district elections, and by said electors
approved. [1937 c 72 § 58; RRS § 9663E-58. Formerly
RCW 86.08.270, part.]
86.09.175 Installment contracts—Approval.
Contracts entered into by districts for construction or for
services or materials, may provide that payments shall be
made in such monthly proportion of the contract price, as the
board shall determine thereon, as the work progresses, or as
the services or materials are furnished, on monthly estimates
of the value thereof, approved by the state director. Before
the district shall enter into any contract, the plans, specifications and form of contract therefor shall be approved by
the state director. [1937 c 72 § 59; RRS § 9663E-59.
Formerly RCW 86.08.280, part.]
86.09.178 Construction contracts—Public bids,
procedure. Contracts for construction, or for labor or
materials entering into the construction of any improvement
authorized by the district shall be awarded at public bidding
except as herein otherwise provided. A notice calling for
sealed proposals shall be published in such newspaper or
newspapers of general circulation as the board shall designate for a period of not less than two weeks (three weekly
issues) prior to the day of the opening of the bids. Such
proposals shall be accompanied by a certified check for such
amount as the board shall decide upon, to guarantee a
compliance with the bid and shall be opened in public at the
time and place designated in the notice. The contract shall
be awarded to the lowest and best responsible bidder:
PROVIDED, That the board shall have authority to reject
any or all bids, in which event they shall readvertise for bids
and, when no satisfactory bid is then received and with the
written approval of the director, may proceed to construct
(2002 Ed.)
86.09.169
the works by force account. [1965 c 26 § 2; 1937 c 72 §
60; RRS § 9663E-60. Formerly RCW 86.08.280, part.]
86.09.181 Contractor’s bond. Any person, except the
state of Washington and the United States, acting under the
provisions of this chapter, to whom or to which a contract
may have been awarded by the district for construction purposes, or for labor or materials entering therein when the
total amount to be paid therefor exceeds one thousand
dollars, shall enter into a bond to the state of Washington,
with good and sufficient sureties, to be approved and filed
with the state director, for one hundred percent of the
contract price, conditioned for the faithful performance of
said contract and with such further conditions as may be
required by law. [1965 c 26 § 3; 1937 c 72 § 61; RRS §
9663E-61. Formerly RCW 86.08.290, part.]
Contractor’s bond: Chapter 39.08 RCW.
86.09.196 Construction in parts or units—Liability
for assessment. The district shall have authority upon the
adoption of a comprehensive plan of flood control with the
approval of the state director to provide for the construction
of the same partially and in parts or units and all the benefited lands in the district shall be liable for assessment to
defray the costs of such partial construction or such parts or
units until the entire plan has been completed and fully paid
for. [1937 c 72 § 66; RRS § 9663E-66. Formerly RCW
86.08.310.]
86.09.202 Eminent domain—Authorized. The taking
and damaging of property or rights therein or thereto by a
flood control district to construct an improvement or to fully
carry out the purposes of its organization are hereby declared
to be for a public use, and any district organized under the
provisions of this chapter, shall have and exercise the power
of eminent domain to acquire any property or rights therein
or thereto either inside or outside the operation of the district
and outside the state of Washington, if necessary, for the use
of the district. [1937 c 72 § 68; RRS § 9663E-68. Formerly
RCW 86.08.260, part.]
86.09.205 Eminent domain—Procedure. Flood
control districts exercising the power of eminent domain
shall proceed in the name of the district in the manner
provided by law for the appropriation of real property or of
rights therein or thereto, by private corporations, except as
otherwise expressly provided herein. [1937 c 72 § 69; RRS
§ 9663E-69. Formerly RCW 86.08.320, part.]
Eminent domain by private corporations generally: Chapter 8.20 RCW.
86.09.208 Eminent domain—Consolidation of
actions—Separate verdicts. The district may at its option
unite in a single action proceedings to condemn, for its use,
property which is held by separate owners. Two or more
condemnation suits instituted separately may also, in the
discretion of the court, be consolidated upon motion of any
interested party, into a single action. In such cases, the jury
shall render separate verdicts for the different tracts of land.
[1937 c 72 § 70; RRS § 9663E-70. Formerly RCW
86.08.320, part.]
[Title 86 RCW—page 5]
86.09.211
Title 86 RCW: Flood Control
86.09.211 Eminent domain—Damages, how determined—Judgment when damages exceed benefits. The
jury, or court if the jury be waived, in such condemnation
proceedings shall find and return a verdict for the amount of
damages sustained: PROVIDED, That the court or jury, in
determining the amount of damages, shall take into consideration the special benefits, if any, that will accrue to the
property damaged by reason of the improvement for which
the land is sought to be condemned, and shall make special
findings in the verdict of the gross amount of damages to be
sustained and the gross amount of special benefits that will
accrue. If it shall appear by the verdict of findings, that the
gross damages exceed said gross special benefits, judgment
shall be entered against the district, and in favor of the
owner or owners of the property damaged, in the amount of
the excess of damages over said benefits, and for the costs
of the proceedings, and upon payment of the judgment to the
clerk of the court for the owner or owners, a decree of
appropriation shall be entered, vesting the title to the
property appropriated in the district. [1937 c 72 § 71; RRS
§ 9663E-71. Formerly RCW 86.08.330, part.]
86.09.214 Eminent domain—Judgment, when
benefits equal or exceed damages. If it shall appear by the
verdict that the gross special benefits equal or exceed the
gross damages, judgment shall be entered against the district
and in favor of the owner or owners for the costs only, and
upon payment of the judgment for costs a decree of appropriation shall be entered vesting the title to the property in
the district. [1937 c 72 § 72; RRS § 9663E-72. Formerly
RCW 86.08.330, part.]
86.09.217 Eminent domain—Right to levy on other
land not affected. If the damages found in any condemnation proceedings are to be paid for from funds of the flood
control district, no finding of the jury or court as to benefits
or damages shall in any manner abridge the right of the
district to levy and collect assessments for district purposes
against the uncondemned lands situated within the district.
[1937 c 72 § 73; RRS § 9663E-73. Formerly RCW
86.08.340, part.]
86.09.220 Eminent domain—Unpaid damages to be
applied in satisfaction of levies—Deficiency assessments.
The damages thus allowed but not paid shall be applied pro
tanto to the satisfaction of the levies made for such construction costs upon the lands on account of which the
damages were awarded: PROVIDED, That nothing herein
contained shall be construed to prevent the district from assessing the remaining lands of the owner or owners, so
damaged, for deficiencies on account of the principal and
interest on bonds and for other benefits not considered by
the jury in the condemnation proceedings. [1937 c 72 § 74;
RRS § 9663E-74. Formerly RCW 86.08.340, part.]
86.09.223 Eminent domain—Title and estate
acquired. The title acquired by the district in condemnation
proceedings shall be the fee simple title or such lesser estate
as shall be designated in the decree of appropriation. [1937
c 72 § 75; RRS § 9663E-75. Formerly RCW 86.08.340,
part.]
[Title 86 RCW—page 6]
86.09.226 Right of entry to make surveys and locate
works. The district board and its agents and employees
shall have the right to enter upon any land, to make surveys
and may locate the necessary flood control works and the
line for canal or canals, dike or dikes and other instrumentalities and the necessary branches and parts for the same on
any lands which may be deemed necessary for such location.
[1937 c 72 § 76; RRS § 9663E-76. Formerly RCW
86.08.350.]
86.09.229 Crossing road or public utility—Notice,
plan, cost, etc. Whenever in the progress of the construction of the system of district improvement, it shall become
necessary to construct a portion of such system across any
public or other road or public utility, the district board shall
serve notice in writing upon the public officers, corporation
or person having charge of or controlling or owning such
road or public utility, as the case may be, of the present
necessity of such crossing, giving the location, kind, dimensions and requirement thereof, for the purpose of the system
of improvement, and stating a reasonable time, to be fixed
by the board, within which plans for such crossing must be
filed for approval in case the public officer, corporation or
person controlling or owning such road or public utility
desire to design and construct such crossing. As soon as
convenient, within the time fixed in the notice, the public
officers, corporation or person shall, if they desire to
construct such crossing, prepare and submit to the board for
approval duplicate detailed plans and specifications for such
crossing. Upon the return of such approved plans, the public
officers, corporation or person controlling such road or
public utility shall, within the time fixed by the board,
construct such crossing in accordance with the approved
plans. In case such public officers, corporation or person
controlling or owning such road or public utility shall fail to
file plans for such crossing within the time prescribed in the
notice, the district board shall proceed with the construction
of such crossing in such manner as will cause no unnecessary injury to or interference with such road or public utility.
The cost of construction and maintenance of only such
crossings or such portion of such cost as would not have
been necessary but for the construction of the system of
improvement shall be a proper charge against the district,
and only the actual cost of such improvement constructed in
accordance with the approved plans shall be charged against
the district in the case of crossings constructed by others
than the district. The amount of costs of construction
allowed as a charge against the district shall be credited
ratably on the assessments against the property on which the
crossing is constructed if chargeable therewith, until the
same is fully satisfied. [1965 c 26 § 5; 1937 c 72 § 77;
RRS § 9663E-77. Formerly RCW 86.08.360.]
86.09.232 Right-of-way on state land, exception.
The right-of-way is hereby given, dedicated and set apart to
locate, construct and maintain district works over and
through any of the lands which are now or may hereafter be
the property of the state of Washington, except lands of said
state actually dedicated to public use. [1937 c 72 § 78; RRS
§ 9663E-78. Formerly RCW 86.08.370, part.]
(2002 Ed.)
Flood Control Districts—1937 Act
86.09.235 Power to construct works inside or
outside of district. Flood control districts organized under
the provisions of this chapter shall have authority to construct, operate and maintain any and all necessary flood
control works inside and outside the boundaries of the
district. [1937 c 72 § 79; RRS § 9663E-79. Formerly RCW
86.08.370, part.]
86.09.259 Board of directors—Number—Officers.
A flood control district shall be managed by a board of
directors consisting of three members. The initial directors
shall be appointed, and the elected directors elected, as
provided in chapter 85.38 RCW. The directors shall elect a
chairman from their number and shall either elect one of
their number, or appoint a voter of the district, as secretary
to hold office at its pleasure and who shall keep a record of
its proceedings. [1985 c 396 § 58; 1967 c 154 § 7; 1937 c
72 § 87; RRS § 9663E-87. Formerly RCW 86.08.390, part.]
Severability—1985 c 396: See RCW 85.38.900.
Provisions cumulative: "The provisions of this act are cumulative
with and shall not amend, repeal or supersede any other powers heretofore
or hereafter granted such districts." [1967 c 154 § 5.]
86.09.265 Board of directors—Quorum—Majority
vote required. A majority of the directors shall constitute
a quorum for the transaction of business, and in all matters
requiring action by the board, there shall be a concurrence
of at least a majority of the directors. [1937 c 72 § 89; RRS
§ 9663E-89. Formerly RCW 86.08.205, part.]
86.09.268 Board of directors—Powers and duties.
The board shall have the power and it shall be its duty to
adopt a seal of the district, to manage and conduct the
business affairs of the district, to employ and appoint such
agents, engineers, attorneys, officers and employees as may
be necessary, and prescribe their duties, to establish reasonable bylaws, rules and regulations for the government and
management of affairs of the district, and generally to
perform any and all acts necessary to carry out the purpose
of the district organization. [1937 c 72 § 90; RRS § 9663E90. Formerly RCW 86.08.175, part.]
86.09.271 Board of directors—Location of district
office—Change of location. The office of the directors and
principal place of business of the district shall be located, if
possible, at some place within the district to be designated
by the board. If a place convenient and suitable for conducting district business and public hearings required by this
chapter cannot be found within the district, the office may be
located in the county within which the major portion of
district lands is situated. The office and place of business
cannot thereafter be changed, except with the previous
written consent of the county legislative authority of the
county within which the major portion of the district is
situated, and without passing a resolution to that effect at a
previous regular meeting of the board, entered in the minutes
thereof and without posting a notice of the change in a conspicuous public place at or near the place of business which
is to be changed at least ten days prior thereto and by the
previous posting of a copy of the notice for the same length
of time at or near the new location of the office. [1985 c
(2002 Ed.)
86.09.235
396 § 59; 1965 c 26 § 7; 1937 c 72 § 91; RRS § 9663E-91.
Formerly RCW 86.08.200.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.274 Board of directors—Meetings—Change
of date. The directors shall hold a regular meeting at their
office at least once a year, or more frequently, on the date
or dates the board shall designate in their bylaws, and may
adjourn any meeting from time to time as may be required
for the proper transaction of business: PROVIDED, That the
day of the regular meeting cannot be changed, except in the
manner prescribed herein for changing the place of business
of the district. [1985 c 396 § 60; 1937 c 72 § 92; RRS §
9663E-92. Formerly RCW 86.08.205, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.277 Board of directors—Special meetings—
When notice required—Authorized business. Special
meetings of the board may be called at any time by order of
a majority of the directors. Any member not joining in said
order shall be given, by United States mail, at least a three
days’ notice of such meeting, unless the same is waived in
writing, which notice shall also specify the business to be
transacted and the board at such special meeting shall have
no authority to transact any business other than that specified
in the notice, unless the transaction of any other business is
agreed to in writing by all the members of the board. [1937
c 72 § 93; RRS § 9663E-93. Formerly RCW 86.08.205,
part.]
86.09.280 Board of directors—Meetings and records
public—Printing of bylaws and rules. All meetings of the
directors must be public. All records of the board shall be
open for the inspection of any elector of the district during
business hours of the day in which any meeting of the board
is held. The bylaws, rules and regulations of the board shall
be printed in convenient form for distribution in the district.
[1937 c 72 § 94; RRS § 9663E-94. Formerly RCW
86.08.205, part, and 86.08.210, part.]
Meetings of public officials declared public: Chapter 42.32 RCW.
86.09.283 Board of directors—Compensation and
expenses of members and employees. The board of
directors may each receive up to seventy dollars for attendance at official meetings of the board and for each day or
major part thereof for all necessary services actually performed in connection with their duties as director. The
board shall fix the compensation to be paid to the directors,
secretary, and all other agents and employees of the district.
Compensation for the directors shall not exceed six thousand
seven hundred twenty dollars in one calendar year. A director is entitled to reimbursement for reasonable expenses
actually incurred in connection with such business, including
subsistence and lodging, while away from the director’s
place of residence, and mileage for use of a privately owned
vehicle in accordance with chapter 42.24 RCW.
Any director may waive all or any portion of his or her
compensation payable under this section as to any month or
months during his or her term of office, by a written waiver
filed with the secretary as provided in this section. The
waiver, to be effective, must be filed any time after the
[Title 86 RCW—page 7]
86.09.283
Title 86 RCW: Flood Control
director’s election and prior to the date on which the
compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
[1998 c 121 § 13; 1991 c 349 § 24; 1985 c 396 § 61; 1965
c 26 § 8; 1937 c 72 § 95; RRS § 9663E-95. Formerly RCW
86.08.175, part, and 86.08.195, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.286 Board of directors—Personal interest in
contracts prohibited—Penalty—Officer may be employed.
No director or any other officer named in this chapter shall
in any manner be interested, directly or indirectly, in any
contract awarded or to be awarded by the board, or in the
profits to be derived therefrom; and for any violation of this
provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his
office, and he shall be punished by a fine not exceeding five
hundred dollars, or by imprisonment in the county jail not
exceeding six months, or by both fine and imprisonment:
PROVIDED, That nothing in this section contained shall be
construed to prevent any district officer from being employed by the district as foreman or as a day laborer:
PROVIDED FURTHER, That this section shall have no
application to any person who is a state employee as defined
in RCW 42.52.010. [1994 c 154 § 316; 1969 ex.s. c 234 §
35; 1937 c 72 § 96; RRS § 9663E-96. Formerly RCW
86.08.215.]
Parts and captions not law—Effective date—Severability—1994 c
154: See RCW 42.52.902, 42.52.904, and 42.52.905.
Ethics in public service act: Chapter 42.52 RCW.
86.09.292 Board of directors—Chairman of county
commissioners may act when quorum not present. In
case any member of the district board is absent at the time
of any regular monthly meeting of said board, and a quorum
of said board cannot be obtained by reason of the absence of
said member, it shall be the duty of the chairman of the
board of county commissioners of the county in which the
office of the district board is located to act in place of said
absent member, and the acts of the district board at said
meeting shall be valid so far as a quorum is concerned and
shall have the same effect as though said absent member
were present and acting thereat. [1937 c 72 § 98; RRS §
9663E-98. Formerly RCW 86.08.205, part.]
86.09.301 Board of directors—Oath. Every district
officer, upon taking office, shall take and subscribe an
official oath for the faithful discharge of the duties of his
office during the term of his incumbency. [1985 c 396 § 62;
1937 c 72 § 101; RRS § 9663E-101. Formerly RCW
86.08.195, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.304 Bond of officer or employee handling
funds. Every district officer or employee handling any
district funds shall execute a surety bond payable to the
district in the sum of double the estimated amount of funds
handled monthly, conditioned that the principal will strictly
account for all moneys or credit received by him for the use
of the district. Each bond and the amount thereof shall be
approved by the county legislative authority of the county
[Title 86 RCW—page 8]
within which the major portion of the district is situated, and
thereafter filed with the secretary of the district. [1985 c
396 § 63; 1937 c 72 § 102; RRS § 9663E-102. Formerly
RCW 86.08.220, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.307 Bonds—Cost charged to district. All
official bonds executed by district officers under the provisions of this chapter shall be secured at the cost of the
district. [1937 c 72 § 103; RRS § 9663E-103. Formerly
RCW 86.08.220, part.]
86.09.310 Delivery of property to successor. Every
person, upon the expiration or sooner termination of his term
of office as an officer of the district, shall immediately turn
over and deliver, under oath, to his successor in office, all
records, books, papers and other property under his control
and belonging to such office. In case of the death of any
officer, his legal representative shall turn over and deliver
such records, books, papers and other property to the
successor in office of such deceased person. [1937 c 72 §
104; RRS § 9663E-104.]
86.09.313 Nearest county treasurer as ex officio
district treasurer. The county treasurer of any county in
which lands within the flood control district are situated,
whose office is nearest distant by public highway to the
office of the district board and principal place of business of
the district, shall be and is hereby constituted ex officio
district treasurer, who shall collect all district assessments
and shall keep all district funds required by law. [1937 c 72
§ 105; RRS § 9663E-105. Formerly RCW 86.08.225, part.]
86.09.319 Treasurer’s liability. Any county treasurer
collecting or handling funds of the district shall be liable
upon his official bond and to criminal prosecution for
malfeasance, misfeasance or nonfeasance in office relative to
any of his duties prescribed herein. [1937 c 72 § 107; RRS
§ 9663E-107. Formerly RCW 86.08.230.]
86.09.322 County treasurers to collect and remit
assessments. It shall be the duty of the county treasurer of
each county, in which lands included within the operation of
the district are located, to collect and receipt for all assessments levied as herein provided, and forward monthly all
sums so collected to the ex officio district treasurer who
shall place the same to the credit of the proper fund of the
district. [1937 c 72 § 108; RRS § 9663E-108. Formerly
RCW 86.08.240.]
86.09.325 Disbursement of funds by district treasurer. The ex officio district treasurer shall pay out moneys
collected or deposited with him in behalf of the district, or
portions thereof, upon warrants issued by the county auditor
against the proper funds of the districts, except the sums to
be paid out of the bond fund for interest and principal
payments on bonds. [1983 c 167 § 201; 1937 c 72 § 109;
RRS § 9663E-109. Formerly RCW 86.08.250, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
Flood Control Districts—1937 Act
86.09.328 Monthly report by district treasurer. The
said ex officio district treasurer shall report in writing on or
before the fifteenth day of each month to the district board,
the amount of money held by him, the amount in each fund,
the amount of receipts for the month preceding in each fund,
and the amount or amounts paid out of each fund, and said
report shall be filed with the secretary of the board. [1937
c 72 § 110; RRS § 9663E-110. Formerly RCW 86.08.250,
part.]
86.09.377 Voting rights. Each qualified voter of a
flood control district who owns more than ten acres of land
within the district shall be entitled to two additional votes for
each ten acres or major fraction thereof located within the
district, up to a maximum total of forty votes for any voter,
or in the case of community property, a maximum total of
twenty votes per member of the marital community. [1991
c 349 § 4; 1985 c 396 § 22.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.379 Elections—Informality not fatal. No
informality in conducting any election authorized by this
chapter shall invalidate the same, if the election shall have
been otherwise fairly conducted. [1937 c 72 § 127; RRS §
9663E-127. Formerly RCW 86.08.165.]
86.09.380 Special assessments—Budgets—
Alternative methods. RCW 85.38.140 through 85.38.170
constitute a mutually exclusive alternative method by which
flood control districts in existence as of July 28, 1985, may
measure and impose special assessments and adopt budgets.
RCW 85.38.150 through 85.38.170 constitute the exclusive
method by which flood control districts created after July 28,
1985, may measure and impose special assessments and
adopt budgets. [1985 c 396 § 29.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.382 Assessments—Presumption that land
benefited by class—Benefit ratio basis of assessment. It
shall be and hereby is presumed that lands within flood
control districts organized under the provisions of this
chapter, shall be benefited in relation to their respective
classes to be determined as herein provided, and that the
relative ratios of benefits for said lands arising from their
locations in said respective classes shall be the basis upon
which the same shall be assessed to raise district revenues
for any and all purposes now or hereafter authorized by law.
[1937 c 72 § 128; RRS § 9663E-128. Formerly RCW
86.08.450, part.]
86.09.385 Assessments—Base map of lands within
the district. As a basis for the levy of all assessments
authorized under this chapter, the county legislative authority
of the county within which the major portion of the district
is situated, soon after the creation of the district, shall cause
to be prepared a base map of the lands within the district
and deliver the same to the secretary of the district: PROVIDED, That said county legislative authority shall not be
required to prepare said base map unless ample appropriation
of funds for the purpose has been made. [1985 c 396 § 64;
(2002 Ed.)
86.09.328
1965 c 26 § 10; 1937 c 72 § 129; RRS § 9663E-129.
Formerly RCW 86.08.420, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.388 Assessments—Appointment of appraisers—Determination of benefit ratios. Upon receipt of the
base map the board of directors of the district shall appoint
a board of three appraisers subject to the written approval of
the county legislative authority of the county within which
the major portion of the district is situated, whose duty it
shall be to determine the ratio of benefits which the several
tracts of land shall receive with respect to each other from
the organization and operation of the district and the construction and maintenance of the district works in accordance
with the comprehensive plan therefor adopted by the
directors of the district. [1985 c 396 § 65; 1965 c 26 § 11;
1937 c 72 § 130; RRS § 9663E-130. Formerly RCW
86.08.420, part, and 86.08.430, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.391 Assessments—Appraisers’ board, chairman and secretary—Compensation and expenses. The
board of appraisers shall elect a member as chairman and the
secretary of the district or his deputy shall be ex officio
secretary of the board of appraisers. The appraisers shall
receive such compensation and expenses as the board of
directors of the district, with the approval of the county
legislative authority of the county within which the major
portion of the district is situated, shall determine, and which
may forthwith be paid by the issuance of district warrants.
[1985 c 396 § 66; 1937 c 72 § 131; RRS § 9663E-131. Formerly RCW 86.08.420, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.394 Assessments—Classification of lands
according to benefits—Factors considered. For the
purpose of determining said ratios of benefits, said board of
appraisers shall segregate the acreage of the respective lands
within the district into such number of classes as in the sole
judgment of the members of the board of appraisers shall
fairly represent the manifest degrees of benefits, including
benefits from better sanitation, easier accessibility, facility of
drainage, promotion of land development as well as from
minimization of flood damages and from actual flood
protection, accruing to the several lands from the organization and operation of the district and the construction and
maintenance of the district works in accordance with the
comprehensive plan therefor adopted by the directors of the
district. [1937 c 72 § 132; RRS § 9663E-132. Formerly
RCW 86.08.440, part.]
86.09.397 Assessments—Classification of lands by
appraisers—Classes described. Said board of appraisers
shall have full authority and it shall be its duty to segregate
and classify the acreage of the lands and subdivisions of the
same with respect to their respective relative benefits received and to be received from the organization and operation of the district and the construction and maintenance of
the district works in accordance with the comprehensive plan
therefor adopted by the directors of the district. Those lands
receiving the greatest benefits shall be placed in class No. 1;
[Title 86 RCW—page 9]
86.09.397
Title 86 RCW: Flood Control
those lands receiving the next greatest benefits shall be
placed in class No. 2, and so on down to the class of the
least benefits. Those lands receiving no benefits shall be
designated "nonbenefited." [1937 c 72 § 133; RRS § 9663E133. Formerly RCW 86.08.430, part.]
86.09.400 Assessments—Percentage of benefits to
lands as classed—Relative ratios. Said board of appraisers
shall have full authority and it shall be its duty to determine
the percentage of benefits which the acreage of the lands in
each class shall have with respect to the lands in class No.
1. Those lands falling in class No. 1 shall have the ratio or
percentage of one hundred and those lands in the other
respective classes shall be given such percentages of the
lands in class No. 1 as said board of appraisers shall
determine. [1937 c 72 § 134; RRS § 9663E-134. Formerly
RCW 86.08.430, part.]
86.09.403 Assessments—Surveys, investigations to
determine classification and benefits. In determining the
classification of said lands and their relative percentages of
benefits, as herein provided, said board of appraisers shall
consider the benefits of every kind accruing to said lands, as
aforesaid, and shall make such investigation and surveys of
the same as said board of appraisers shall deem necessary.
The board of appraisers shall also examine and consider the
data and records of the commission which fixed the boundaries of the district. [1937 c 72 § 135; RRS § 9663E-135.
Formerly RCW 86.08.440, part.]
86.09.406 Assessments—Permanency of ratios of
benefits as fixed. The ratio of percentage determined by
said board of appraisers for each class of lands aforesaid
shall constitute the ratio of benefits of each acre or fraction
thereof in its respective class for all district assessment
purposes until changed in the manner herein provided.
[1937 c 72 § 136; RRS § 9663E-136. Formerly RCW
86.08.450, part.]
86.09.409 Assessments—Alternative method of
determining benefit ratios. As an independent and alternative method to any other method herein authorized and subject to the prior written approval of the county legislative
authority of the county within which the major portion of the
district is situated, the ratio of benefits herein mentioned
may be determined in their relation to the relative values of
the respective benefited lands, including the improvements
thereon, and the same shall be expressed on a relative
percentage basis. [1985 c 396 § 67; 1937 c 72 § 137; RRS
§ 9663E-137. Formerly RCW 86.08.460, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.412 Assessments—Alternative method,
percentage shall fix the class. In case said alternative
method of determining the ratio of benefits is adopted by
any such district the percentage given a tract of land shall fix
the class to which said tract belongs for assessment purposes. [1937 c 72 § 138; RRS § 9663E-138. Formerly RCW
86.08.460, part.]
[Title 86 RCW—page 10]
86.09.415 Assessments—Determining relative
values—General tax rolls. In determining the relative
values of such lands, including improvements thereon, the
assessed valuation of the same for general tax purposes last
equalized shall be construed to be prima facie correct:
PROVIDED, That nothing herein contained shall be construed to prevent the fixing of values where none are shown
on the general tax roll or the revision of such values on the
general tax roll in any instance where in the sole judgment
of the revising officers for the district the value for general
tax purposes is manifestly and grossly erroneous in its relation to value of like property in the district similarly situated:
AND PROVIDED FURTHER, That in any instance where
any tract of land is protected or partially protected from
floods and is financially supporting the works affording such
protection the revising officers for the district shall take the
value of such existing flood protection into consideration and
give such land equitable credit therefor. [1937 c 72 § 139;
RRS § 9663E-139. Formerly RCW 86.08.460, part.]
86.09.418 Assessments—Revision of benefit classification—Appointment of reappraisers—Effect of reexamination. Upon completion of the control works of the district
or of any unit thereof, the board of directors of the district
may, with the written consent of the county legislative
authority of the county within which the major portion of the
district is situated, and upon petition signed by landowners
representing twenty-five percent of the acreage of the lands
in the district shall, appoint three qualified persons who shall
be approved in writing by the county legislative authority, to
act as a board of appraisers and who shall reconsider and
revise and/or reaffirm the classification and relative percentages, or any part or parts thereof, in the same manner and
with the same legal effect as that provided herein for the
determination of such matters in the first instance: PROVIDED, That such reexamination shall have no legal effect
on any assessments regularly levied prior to the order of
appraisal by the reexamining board of appraisers. [1985 c
396 § 68; 1937 c 72 § 140; RRS § 9663E-140. Formerly
RCW 86.08.470, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.421 Assessments—Descriptions of lands as
appraised and classified—Map and filing thereof. When
said board of appraisers shall have made said determination
of the ratio of benefits, as aforesaid, all the lands within the
district shall be classified and properly designated and shall
be described in terms of government sections, and fractions
thereof in designated townships and ranges, on the base map,
and the board of appraisers shall file said map with the
secretary of the district: PROVIDED, That platted lands
may be described in terms of the recorded plat thereof.
[1937 c 72 § 141; RRS § 9663E-141. Formerly RCW
86.08.470, part.]
86.09.424 Assessments—Hearing on objections to
assessment ratios—Time—Place. The secretary of the
district shall immediately fix a time for hearing objections to
the assessment ratios determined by said board of appraisers
as shown on said base map. The meeting shall be at the
office of the district board and principal place of business of
(2002 Ed.)
Flood Control Districts—1937 Act
the district and shall be held not less than twenty-five, nor
more than thirty-five, days from the date of the first publication of the notice of the hearing. [1937 c 72 § 142; RRS §
9663E-142. Formerly RCW 86.08.475, part.]
86.09.427 Assessments—Notice of hearing, publication. Notice of said hearing shall be given by the secretary
of the district by causing a copy of the same to be published
for three consecutive weekly issues in a newspaper of
general circulation, to be selected by said secretary, published in each of the counties in which any part of the
district is located. [1937 c 72 § 143; RRS § 9663E-143.
Formerly RCW 86.08.475, part.]
86.09.430 Assessments—Contents of notice of
hearing. Said notice of hearing on said determination of
assessment ratios shall state that the base assessment map
designating the classes in which the lands in the district have
been placed for assessment purposes on the ratios authorized
by law, has been prepared by the board of appraisers and is
on file at the office of the district board and may be inspected at any time during office hours; that a hearing on said
map will be held before the county legislative authority at
the office of the district board on . . . . . ., the . . . . day of
. . . . . ., . . . . . ., at the hour of . . . . . . o’clock (naming the
time), where any person may appear and present such
objections, if any, he may have to said map, and shall be
signed by the secretary of the district. [1986 c 278 § 43;
1937 c 72 § 144; RRS § 9663E-144. Formerly RCW
86.08.480.]
Severability—1986 c 278: See note following RCW 36.01.010.
86.09.433 Assessments—Conduct of hearing—
Order. At the time set for said hearing the county legislative authority shall be present at the place designated in the
notice and if it appears that due notice of the hearing has
been given, shall proceed to hear such objections to the base
map as shall be presented and shall hear all pertinent
evidence that may be offered. The county legislative
authority shall have authority to adjourn said hearings from
time to time to study the record and evidence presented, to
make such independent investigation as it shall deem
necessary and to correct, modify or confirm the things set
out on said base map or any part thereof and to determine all
questions concerning the matter and shall finally make an
order confirming said map with such substitutions, changes
or corrections, if any, as may have been made thereon,
which order shall be signed by the chairman of the county
legislative authority and attached to said map. [1985 c 396
§ 69; 1937 c 72 § 145; RRS § 9663E-145. Formerly RCW
86.08.485, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.439 Assessments—Conclusiveness of base
assessment map. Upon the signing of said order by said
county legislative authority and the attachment of the same
to said base assessment map, said base assessment map and
all things set out on the face thereof shall be conclusive in
all things upon all parties, unless appealed from to the
superior court in the manner and within the time herein
(2002 Ed.)
86.09.424
provided. [1986 c 278 § 44; 1937 c 72 § 147; RRS §
9663E-147. Formerly RCW 86.08.485, part.]
Severability—1986 c 278: See note following RCW 36.01.010.
86.09.442 Assessments—Copies of base assessment
map to be filed with county assessors. When confirmed
by order of said county legislative authority as aforesaid, or
by order of said county legislative authority making any
changes decreed by the court on appeal to the superior court,
it shall be the duty of the secretary of the district to prepare
a correct copy of so much of said base assessment map as
includes the lands in the district situated in each county in
which the lands in the district are situated, with the assessment classes and ratios properly designated thereon, and file
the same with the respective county assessors of said
counties for record therein. [1985 c 396 § 70; 1937 c 72 §
148; RRS § 9663E-148. Formerly RCW 86.08.500, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.445 Assessments—Levies to be made according to base assessment map. Assessments made against the
respective lands in the district to carry out any of the
purposes of this chapter shall be levied in accordance with
their respective classifications and in proportion to their
respective ratios of benefits, set out on the base assessment
map. [1937 c 72 § 149; RRS § 9663E-149. Formerly RCW
86.08.500, part.]
86.09.448 Assessments—Appeal to courts. Any
person, firm or corporation feeling aggrieved at any determination by said county legislative authority of the classification or relative percentage of his or its lands, aforesaid, may
have the same reviewed by a proceeding for that purpose, in
the nature of an appeal, initiated in the superior court of the
county in which the land affected is situated. The matter
shall be heard and tried by the court and shall be informal
and summary but full opportunity to be heard and present
evidence shall be given before judgment is pronounced.
[1985 c 396 § 71; 1937 c 72 § 150; RRS § 9663E-150.
Formerly RCW 86.08.490, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.451 Assessments—Notice of appeal. No such
appeal shall be entertained by the court unless notice of the
same containing a statement of the substance of the matter
complained of and the manner in which the same injuriously
affects the appellant’s interests shall have been served
personally or by registered mail, upon the county legislative
authority of the county within which the major portion of the
district is situated, and upon the secretary of the district,
within twenty days following the date of the determination
appealed from. [1985 c 396 § 72; 1937 c 72 § 151; RRS §
9663E-151. Formerly RCW 86.08.490, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.454 Assessments—Appeal—Stay bond, when
required. No bond shall be required unless a stay is
desired, and an appeal shall not be a stay, unless within five
days following the service of notice of appeal aforesaid, a
bond shall be filed in an amount to be fixed by the court and
[Title 86 RCW—page 11]
86.09.454
Title 86 RCW: Flood Control
with sureties satisfactory to the court, conditioned to perform
the judgment of the court. [1937 c 72 § 152; RRS § 9663E152. Formerly RCW 86.08.490, part.]
86.09.457 Assessments—Civil practice to apply—
Costs, liability of district. Costs shall be paid as in civil
cases brought in the superior court, and the practices in civil
cases shall apply: PROVIDED, That any costs awarded
against said county legislative authority shall be in its
official capacity only and shall be against and paid by the
district. [1985 c 396 § 73; 1937 c 72 § 153; RRS § 9663E153. Formerly RCW 86.08.495, part.]
Severability—1985 c 396: See RCW 85.38.900.
Civil practice generally: Title 4 RCW; Rules of court.
Costs, generally: Chapter 4.84 RCW.
86.09.460 Assessments—Appeal from superior to
supreme court. An appeal shall lie from the judgment of
the superior court as in other civil cases. [1937 c 72 § 154;
RRS § 9663E-154. Formerly RCW 86.08.495, part.]
86.09.463 Assessments—County legislative
authority’s determination deemed prima facie correct on
appeal. In all said appeals from the determination of said
county legislative authority, as herein provided, said determination and all parts thereof shall be deemed to be prima
facie correct. [1985 c 396 § 74; 1937 c 72 § 155; RRS §
9663E-155. Formerly RCW 86.08.490, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.466 Assessments—District budget—
Approval—Basis for assessment roll. The secretary of the
district on or before the first day of November in each year
shall estimate the amount of money necessary to be raised
for any and all district purposes during the ensuing year
based upon a budget furnished him by the district board and
submit the same to the county legislative authority of the
county within which the major portion of the district is
situated for its suggestions, approval and revision and upon
the approval of the budget by said county legislative authority, either as originally submitted or as revised, the secretary
shall prepare an assessment roll with appropriate headings in
which must be listed all the lands in each assessment
classification shown on the base assessment map. [1985 c
396 § 75; 1937 c 72 § 156; RRS § 9663E-156. Formerly
RCW 86.08.510, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.469 Assessments—Assessment roll, contents—
Headings. On such assessment roll in separate columns,
must be specified under the appropriate headings:
(1) The reputed owner of the property assessed. If the
reputed owner is not known to the secretary, the reputed
owner may be stated as "unknown";
(2) The description of the land of the reputed or
unknown owner sufficiently definite to identify the land.
Where the land is described in the records of the county
assessor’s office in terms of the assessor’s plat tax number,
such designation shall be sufficient description of such land
on the district’s assessment roll. In instances where the
[Title 86 RCW—page 12]
district has adopted the alternative method of determining the
ratio of benefits as herein authorized the secretary shall
annually revise and specify in an appropriate column on the
roll the cash value of the respective tracts of lands, including
improvements thereon, described on the roll;
(3) The estimated assessable acreage of such respective
lands;
(4) The designated classification and their respective
ratios of benefits shown on the base assessment map in
which the land is situated, with the per acre final ratio or
percentage upon which every acre or fraction thereof of the
respective lands are to be charged with assessments;
(5) The total amount of the assessment in dollars and
cents against each tract of land. [1937 c 72 § 157; RRS §
9663E-157. Formerly RCW 86.08.520, part.]
86.09.472 Assessments—Margin for anticipated
delinquencies. For the purpose of apportioning the amount
of money to be raised by assessment, to the several tracts of
land in accordance with their respective classifications, the
secretary shall add to the amount of money to be raised
fifteen percent thereof for anticipated delinquencies. [1937
c 72 § 158; RRS § 9663E-158. Formerly RCW 86.08.510,
part.]
86.09.475 Assessments—How calculated. In calculating the amount of assessments to be charged against the
respective tracts of land included in the annual district
assessment roll, the per acre charge against the lands in class
No. 1 on the base map shall be taken as one hundred percent
and the per acre charge against the lands in other classes
shall be reckoned on their respective final per acre percentages of the per acre assessment against the lands in said
class No. 1. [1937 c 72 § 159; RRS § 9663E-159. Formerly RCW 86.08.530.]
86.09.478 Assessments—Omitted property may be
back-assessed. Any property which may have escaped
assessment for any year or years, shall in addition to the
assessment for the then current year, be assessed for such
year or years with the same effect and with the same
penalties as are provided for such current year and any property delinquent in any year may be directly assessed during
the current year for any expenses caused the district on
account of such delinquency. [1937 c 72 § 160; RRS §
9663E-160. Formerly RCW 86.08.550.]
86.09.481 Assessments—Lands in more than one
county. Where the district embraces lands lying in more
than one county the assessment roll shall be so arranged that
the lands lying in each county shall be segregated and
grouped according to the county in which the same are
situated. [1937 c 72 § 161; RRS § 9663E-161. Formerly
RCW 86.08.520, part.]
86.09.484 Equalization of assessments—Notice and
time for meeting of board of equalization. Upon completion of the assessment roll the secretary shall deliver the
same to the district board and immediately give notice
thereof and of the time the board of directors, acting as a
board of equalization will meet to equalize assessments, by
(2002 Ed.)
Flood Control Districts—1937 Act
publication in a newspaper published in each of the counties
comprising the district. The time fixed for the meeting shall
not be less than twenty nor more than thirty days from the
first publication of the notice, and in the meantime the
assessment roll must remain in the office of the secretary for
the inspection of all persons interested. [1937 c 72 § 162;
RRS § 9663E-162. Formerly RCW 86.08.540, part.]
86.09.487 Equalization of assessments—Meeting of
directors as board, length of time—Completion of roll.
Upon the day specified in the notice required by the preceding section for the meeting, the board of directors, which is
hereby constituted a board of equalization for that purpose,
shall meet and continue in session from day to day as long
as may be necessary, not to exceed ten days, exclusive of
Sundays, to hear and determine such objections to the said
assessment roll as may come before them; and the board
may decide the same. The secretary of the board shall be
present during its session, and note all changes made at said
hearing, and on or before the fifteenth day of January
thereafter shall have the assessment roll completed as finally
equalized by the board. [1937 c 72 § 163; RRS § 9663E163. Formerly RCW 86.08.540, part.]
86.09.489 Levy where total assessment less than two
dollars. When the assessment roll is completed as finally
equalized by the board of directors and the total assessment
against any tract or contiguous tracts owned by one person
or corporation is less than two dollars, the county treasurer
shall levy such a minimum amount of two dollars against
such tract or contiguous tracts. [1965 c 26 § 13.]
86.09.490 Assessment lien—Priority. The assessment upon real property shall be a lien against the property
assessed, from and after the first day of January in the year
in which the assessment becomes due and payable, but as
between grantor and grantee such lien shall not attach until
the fifteenth day of February of such year, which lien shall
be paramount and superior to any other lien theretofore or
thereafter created, whether by mortgage or otherwise, except
a lien for undelinquent flood control district assessments,
diking or drainage, or diking or drainage improvement,
district assessments and for unpaid and outstanding general
ad valorem taxes, and such lien shall not be removed until
the assessments are paid or the property sold for the payment
thereof as provided by law. [1937 c 72 § 164; RRS §
9663E-164. Formerly RCW 86.08.560, part.]
86.09.493 Payment of assessment—Date of delinquency—Notice to pay—Assessment book—Statements.
On or before the fifteenth day of January in each year the
secretary must deliver the assessment roll or the respective
segregations thereof to the county treasurer of each respective county in which the lands described are located, with a
statement of the amounts and/or percentages of the collections on said roll which shall be apportioned to the respective district funds, and said assessments shall become due
and payable at the time or times general taxes accrue payable.
One-half of all assessments on said roll shall become
delinquent on the first day of June following the filing of the
(2002 Ed.)
86.09.484
roll unless said one-half is paid on or before the thirty-first
day of May of said year, and the remaining one-half shall
become delinquent on the first day of December following,
unless said one-half is paid on or before the thirtieth day of
November. All delinquent assessments shall bear interest at
the rate of ten percent per annum from the date of delinquency until paid.
Within twenty days after the filing of the assessment
roll as aforesaid the respective county treasurers shall each
publish a notice in a newspaper published in their respective
counties in which any portion of the district may lie, that
said assessments are due and payable at the office of the
county treasurer of the county in which said land is located
and will become delinquent unless paid as herein provided.
Said notice shall state the dates of delinquency as fixed in
this chapter and the rate of interest charged thereon and shall
be published once a week for four successive weeks and
shall be posted within said period of twenty days in some
public place in said district in each county in which any
portion of the district is situated.
Upon receiving the assessment roll, the county treasurer
shall prepare therefrom an assessment book in which shall be
written the description of the land as it appears in the
assessment roll, the name of the owner or owners where
known, and if assessed to the unknown owners, then the
word "unknown", and the total assessment levied against
each tract of land. Proper space shall be left in said book
for the entry therein of all subsequent proceedings relating
to the payment and collection of said assessments.
Upon payment of any assessment the county treasurer
must enter the date of said payment in said assessment book
opposite the description of the land and the name of the
person paying, and give a receipt to such person specifying
the amount of the assessment and the amount paid with the
description of the property assessed.
It shall be the duty of the county treasurer of the county
in which any land in the district is located to furnish upon
request of the owner, or any person interested, a statement
showing any and all assessments levied as shown by the
assessment roll in his office upon land described in such
request, and all statements of general taxes covering any
land in the district shall be accompanied by a statement
showing the condition of district assessments against such
lands: PROVIDED, That the failure of the county treasurer
to render any statement herein required of him shall not
render invalid any assessments made by any district or
proceedings had for the enforcement and collection of
district assessments pursuant to this chapter. [1937 c 72 §
165; RRS § 9663E-165. Formerly RCW 86.08.540, part,
86.08.560, part, and 86.08.570.]
86.09.496 Delinquency list—Posting and publication. On or before the thirty-first day of December of each
year, the county treasurer of the county in which the land is
located shall cause to be posted the delinquency list which
must contain the names of persons to whom the property is
assessed and a description of the property delinquent and the
amount of the assessment and costs due, opposite each name
and description.
He must append to and post with the delinquency list a
notice that unless the assessments delinquent, together with
[Title 86 RCW—page 13]
86.09.496
Title 86 RCW: Flood Control
costs and accrued interest, are paid, the real property upon
which such assessments are a lien will be sold at public
auction. The said notice and delinquent list shall be posted
at least twenty days prior to the time of sale. Concurrent as
nearly as possible with the date of the posting aforesaid, the
said county treasurer shall publish the location of the place
where said notice is posted and in connection therewith a
notice that unless delinquent assessments together with costs
and accrued interest are paid, the real property upon which
such assessments are a lien will be sold at public auction.
Such notice must be published once a week for three
successive weeks in a newspaper of general circulation
published in the county within which the land is located; but
said notice of publication need not comprise the delinquent
list where the same is posted as herein provided. Both
notices must designate the time and place of sale. The time
of sale must not be less than twenty-one nor more than
twenty-eight days from the date of posting and from the date
of the first publication of the notice thereof, and the place
must be at some point designated by the treasurer. [1937 c
72 § 166; RRS § 9663E-166. Formerly RCW 86.08.580.]
86.09.499 Sale for delinquent assessments—
Postponement. The treasurer of the county in which the
land is situated shall conduct the sale of all lands situated
therein and must collect in addition to the assessment due as
shown on the delinquent list the costs and expenses of sale
and interest at the rate of ten percent per annum from the
date or dates of delinquency as hereinbefore provided. On
the day fixed for the sale, or some subsequent day to which
he may have postponed it, and between the hours of ten
o’clock a.m. and three o’clock p.m., the county treasurer
making the sale must commence the same, beginning at the
head of the list, and continuing alphabetically, or in the
numerical order of the parcels, lots or blocks, until completed. He may postpone the day of commencing the sale, or
the sale from day to day, by giving oral notice thereof at the
time of the postponement, but the sale must be completed
within three weeks from the first day fixed. [1937 c 72 §
167; RRS § 9663E-167. Formerly RCW 86.08.590.]
86.09.502 Sale for delinquent assessments—How
conducted—Certificate of sale—District as purchaser—
Fee. The owner or person in possession of any real estate
offered for sale for assessments due thereon may designate
in writing to the county treasurer, by whom the sale is to be
made, and prior to the sale, what portion of the property he
wishes sold, if less than the whole; but if the owner or
possessor does not, then the treasurer may designate it, and
the person who will take the least quantity of the land, or in
case an undivided interest is assessed, then the smallest
portion of the interest, and pay the assessment and costs due,
including one dollar to the treasurer for duplicate of the
certificate of sale, is the purchaser. The treasurer shall
account to the district for said one dollar. If the purchaser
does not pay the assessment and costs before ten o’clock
a.m. the following day, the property must be resold on the
next sale day for the assessments and costs. In case there is
no purchaser in good faith for the same on the first day that
the property is offered for sale, and if there is no purchaser
in good faith when the property is offered thereafter for sale,
[Title 86 RCW—page 14]
the whole amount of the property assessed shall be struck off
to the district as the purchaser, and the duplicate certificate
shall be delivered to the secretary of the district, and filed by
him in the office of the district. No charge shall be made
for the duplicate certificate where the district is the purchaser, and in such case the treasurer shall make an entry, "Sold
to the district", and he will be credited with the amount
thereof in settlement. The district, as a purchaser at said
sale, shall be entitled to the same rights as a private purchaser, and may assign or transfer the certificate of sale upon the
payment of the amount which would be due if redemption
were being made by the owner. If no redemption is made
of land for which the district holds a certificate of purchase,
the district will be entitled to receive the treasurer’s deed
therefor in the same manner as a private person would be
entitled thereto.
After receiving the amount of assessments and costs, the
county treasurer must make out in duplicate a certificate,
dated on the day of sale, stating (when known) the names of
the persons assessed, a description of the land sold, the
amount paid therefor, that it was sold for assessments, giving
the amount and the year of assessment, and specifying the
time when the purchaser will be entitled to a deed. The
certificate must be signed by the treasurer making the sale
and one copy delivered to the purchaser, and the other filed
in the office of the county treasurer of the county in which
the land is situated: PROVIDED, That upon the sale of any
lot, parcel or tract of land not larger than an acre, the fee for
a duplicate certificate shall be twenty-five cents and in case
of a sale to a person or a district, of more than one parcel or
tract of land, the several parcels or tracts may be included in
one certificate. [1937 c 72 § 168; RRS § 9663E-168.
Formerly RCW 86.08.600.]
86.09.505 Sale for delinquent assessments—Entries
in assessment book—Book open to inspection—Lien
vested in purchaser. The county treasurer, before delivering any certificate must file the same and enter in the
assessment book opposite the description of the land sold,
the date of sale, the purchaser’s name and the amount paid
therefor, and must regularly number the description on the
margin of the assessment book and put a corresponding
number on each certificate. Such book must be open to
public inspection without fee during office hours, when not
in actual use.
On filing the certificate of sale as provided in the
preceding paragraph, the lien of the assessment vests in the
purchaser and is only divested by the payment to the county
treasurer making the sale of the purchase money and interest
at the rate of ten percent per annum, from the day of sale
until redemption for the use of the purchaser. [1937 c 72 §
169; RRS § 9663E-169. Formerly RCW 86.08.610.]
86.09.508 Sale for delinquent assessments—
Redemption, when and how made. A redemption of the
property sold may be made by the owner or any person on
behalf and in the name of the owner or by any party in
interest at any time before deed issues, by paying the amount
of the purchase price and interest as in this chapter provided,
and the amount of any assessments which such purchaser
may have paid thereon after purchase by him and during the
(2002 Ed.)
Flood Control Districts—1937 Act
period of redemption in this section provided, together with
like interest on such amount, and if the district is the
purchaser, the redemptioner shall not be required to pay the
amount of any district assessment levied subsequent to the
assessment for which said land was sold, but all subsequent
and unpaid assessments levied upon said land to the date of
such redemption shall remain a lien and be payable and the
land be subject to sale and redemption at the times applicable to such subsequent annual district assessment. Redemption must be made in legal tender, as provided for the
collection of state and county taxes, and the county treasurer
must credit the amount paid to the person named in the
certificate and pay it on demand to such person or his
assignees. No redemption shall be made except to the
county treasurer of the county in which the land is situated.
[1937 c 72 § 170; RRS § 9663E-170. Formerly RCW
86.08.620.]
86.09.511 Sale for delinquent assessments—Entry
of redemption—Deed on demand if not redeemed in two
years—Fee. Upon completion of redemption, the county
treasurer to whom redemption has been made shall enter the
word "redeemed", the date of redemption and by whom
redeemed on the certificate and on the margin of the
assessment book where the entry of the certificate is made.
If the property is not redeemed within two years, after the
fifteenth day of January of the year in which such property
was sold, the county treasurer of the county in which the
land sold is situated must thereafter, upon demand of the
owner of the certificate of sale, make to the purchaser, or his
assignees a deed of the property, reciting in the deed
substantially the matters contained in the certificate, and that
no person redeemed the property during the time allowed by
law for its redemption. The treasurer shall receive from the
purchaser, for the use of the district, one dollar for making
such deed: PROVIDED, If redemption is not made of any
lot, parcel or tract of land not larger than one acre, the fee
for a deed shall be twenty-five cents and when any person
or district holds a duplicate certificate covering more than
one tract of land, the several parcels, or tracts of lands, mentioned in the certificate may be included in one deed. [1937
c 72 § 171; RRS § 9663E-171. Formerly RCW 86.08.630.]
86.09.514 Sale for delinquent assessments—Effect
and validity of deed. The matter recited in the certificate
of sale must be recited in the deed, and such deed duly
acknowledged or proved is prima facie evidence that:
First. The property was assessed as required by law.
Second. The property was equalized as required by law.
Third. That the assessments were levied in accordance
with law.
Fourth. The assessments were not paid.
Fifth. At a proper time and place the property was sold
as prescribed by law and by the proper officers.
Sixth. The property was not redeemed.
Seventh. The person who executed the deed was the
proper officer.
Such deed, duly acknowledged or proved, is (except as
against actual fraud) conclusive evidence of the regularity of
all the proceedings from the assessments by the secretary,
inclusive, up to the execution of the deed. The deed
(2002 Ed.)
86.09.508
conveys to the grantee the absolute title to the lands described therein, free from all incumbrances except the lien of
outstanding general ad valorem taxes and of unmatured
special assessments. When title to the land is in the United
States or this state, such deed shall be prima facie evidence
of the right of possession. [1937 c 72 § 172; RRS § 9663E172. Formerly RCW 86.08.640, part.]
86.09.517 Sale for delinquent assessments—Mistake,
misnomer does not affect sale. When land is sold for
assessments correctly imposed, as the property of a particular
person, no misnomer of the owner or supposed owner, or
other mistake relating to the ownership thereof, affects the
sale or renders it void or avoidable. [1937 c 72 § 173; RRS
§ 9663E-173. Formerly RCW 86.08.640, part.]
86.09.520 District lands exempt from general
taxes—Leasing, application of proceeds. All unsold lands
owned by the district shall be exempt from general ad
valorem taxes while title to same remains in the district.
The district shall not be authorized to lease any of its lands
for a term longer than one year, and the proceeds for such
lease shall first be applied on account of outstanding ad
valorem tax liens, if any. [1937 c 72 § 174; RRS § 9663E174. Formerly RCW 86.08.650.]
86.09.523 Liability of city, town or subdivision for
benefits to roads, streets, or sewer systems. Whenever
any system of improvement constructed under the provisions
of this chapter results in benefit to the whole or any part of
a public street or road, street or road bed or track thereof
within the district, or will facilitate the construction or
maintenance of any sewer system in any city or town within
the district, the city, town or subdivision or any of them responsible for the maintenance of said public road, street or
sewer, shall be liable for assessment for any or all district
purposes. [1937 c 72 § 175; RRS § 9663E-175. Formerly
RCW 86.08.660, part.]
86.09.526 Liability of public and private lands for
benefits. All school, granted, and other state lands, and
lands owned by the United States, when legally possible, and
all county, city and other municipally owned property, not
used for governmental purposes, and all privately owned
lands within the corporate limits of any county, school
district, city or other municipal corporation included within
the operation of the district and benefited by the district
improvement, shall be liable for assessment as provided
herein for other property. [1937 c 72 § 176; RRS § 9663E176. Formerly RCW 86.08.660, part.]
86.09.529 Assessment payment by city, county,
subdivision—Payment by state for highway benefit.
Assessments charged to any city, town, county, or subdivision thereof shall be paid from any fund of the city, town,
county, or subdivision, as its governing body determines.
Assessments charged on account of benefits to state highways shall be approved by the secretary of transportation and
shall be paid from the state motor vehicle fund. [1984 c 7
§ 379; 1937 c 72 § 177; RRS § 9663E-177. Formerly RCW
86.08.660, part.]
[Title 86 RCW—page 15]
86.09.529
Title 86 RCW: Flood Control
Severability—1984 c 7: See note following RCW 47.01.141.
86.09.532 District funds—Created. There are hereby
created for district purposes the following special funds: (1)
Expense fund, (2) surplus fund, (3) suspense fund, (4)
general bond fund, (5) utility bond fund, (6) contract fund.
[1937 c 72 § 178; RRS § 9663E-178. Formerly RCW
86.08.670.]
86.09.535 District funds—Expense fund—
Composition—Use. All assessments collected for administrative, operative and maintenance purposes, all money
collected and not otherwise provided for, and any transfers
authorized by law from other funds made specifically to the
fund, shall be placed by the county treasurer, ex officio treasurer of the district, in the expense fund, and it shall be the
duty of the district board to make ample provision for the
requirements of this fund by the levy of assessments or by
the use of other revenues of the district. [1937 c 72 § 179;
RRS § 9663E-179. Formerly RCW 86.08.675.]
86.09.538 District funds—Surplus fund—
Composition—Use. The district shall have authority at its
option of turning any district revenues not probably required
during the current year to the surplus fund by adopting a
resolution to that effect and filing a copy of the same with
the county treasurer in charge of such fund. For this
purpose unrequired moneys may be transferred from other
funds, except from either of the two bond funds.
Assessments, not exceeding twenty percent of the total
levy for a given year, may be levied for the purpose of
supplying moneys for the surplus fund.
The surplus fund may be used for any district purpose
authorized by law, by resolution of the board of directors
specifying said purpose, and the duration of such use. [1937
c 72 § 180; RRS § 9663E-180. Formerly RCW 86.08.680.]
86.09.541 District funds—Suspense fund—
Composition—Use. All district indebtedness, not otherwise
provided for, which has not been or will not be paid on substantially a cash basis, shall be paid from the suspense fund
and it shall be the duty of the district board to make ample
provision for the requirements of this fund by the levy of
assessments or by the use of other revenues of the district,
authorized by law to be used for this purpose. [1937 c 72
§ 181; RRS § 9663E-181. Formerly RCW 86.08.685.]
86.09.544 District funds—General bond fund—
Composition—Use. Moneys in the general bond fund shall
be used exclusively for the payment of outstanding general
obligation bonds of the district with interest thereon according to their terms. It shall be the duty of the district board
to make ample provision for the requirements of this fund by
the levy of assessments and/or by the use of other district
revenues, authorized by law to be used for this purpose.
[1937 c 72 § 182; RRS § 9663E-182. Formerly RCW
86.08.695.]
86.09.547 District funds—Utility bond fund—
Composition—Use. Revenues from the use, sale or lease of
[Title 86 RCW—page 16]
water and/or other service furnished by the district to the
extent pledged to the payment of district utility bonds, as
herein provided, shall be placed in the utility bond fund and
used exclusively for the payment of such bonds with interest
according to their terms. [1937 c 72 § 183; RRS § 9663E183. Formerly RCW 86.08.700.]
86.09.550 District funds—Contract fund—
Composition—Use. The proceeds from bond sales and
revenues from other sources authorized by law to be used for
district contract purposes shall be placed in the contract fund
and shall be used for the purposes for which the bonds were
issued or for which any other contract was entered into by
the district. [1937 c 72 § 184; RRS § 9663E-184. Formerly
RCW 86.08.690.]
86.09.553 District funds—Custody and disbursement. All district moneys shall be paid to the county
treasurer having charge of the district funds and by that
officer disbursed in the manner provided by law. [1937 c 72
§ 185; RRS § 9663E-185. Formerly RCW 86.08.710, part.]
86.09.556 Claims against district. Any claim against
the district shall be presented to the district board for
allowance or rejection. Upon allowance, the claim shall be
attached to a voucher verified by the claimant or his agent
and approved by the chairman of the board and countersigned by the secretary and directed to the county auditor of
the county in which the office of the district treasurer is
located, for the issuance of a warrant against the proper fund
of the district in payment of said claim. [1937 c 72 § 186;
RRS § 9663E-186. Formerly RCW 86.08.720, part.]
86.09.559 Claims against district—For administrative expenses, cost, maintenance—Payroll. Claims against
the district for administrative expenses and for the costs of
operation and maintenance of the system of improvement,
shall be allowed by the district board and presented to the
county auditor with proper vouchers attached for the issuance of warrants against the expense fund of the district.
The payroll of the district shall be verified by the foreman
in charge and may be presented in one claim for the individual claimants involved. The warrants for said claim shall be
issued in the name of the individual claimants, but may be
receipted for by said foreman. [1937 c 72 § 187; RRS §
9663E-187. Formerly RCW 86.08.720, part.]
86.09.562 District funds paid by warrant—
Exception. Said county treasurer shall pay out the moneys
received or deposited with him or any portion thereof upon
warrants issued by the county auditor of the same county of
which the district treasurer is an officer against the proper
funds of the district except the sums to be paid out of the
special funds for interest and principal payments on bonds or
notes. [1986 c 278 § 45; 1983 c 167 § 202; 1937 c 72 §
188; RRS § 9663E-188. Formerly RCW 86.08.710, part.]
Severability—1986 c 278: See note following RCW 36.01.010.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
Flood Control Districts—1937 Act
86.09.565
86.09.565 Warrants paid in order of issuance.
Warrants drawn on any district fund shall be paid from any
moneys in said fund in the order of their issuance. [1937 c
72 § 189; RRS § 9663E-189. Formerly RCW 86.08.710,
part.]
vassed by the same officers, and in the same manner, as
provided herein for the calling, noticing, holding and
canvassing of an election to authorize general obligation
bonds. [1937 c 72 § 201; RRS § 9663E-201. Formerly
RCW 86.08.790, part.]
86.09.592 Utility revenue bonds—Authorized. In
any instance where the district is using, selling or leasing
water for beneficial purposes or furnishing other service
under the provisions of this chapter and there is reasonable
certainty of a permanent fixed income from this source, the
district board, upon previous written approval of the county
legislative authority of the county within which the major
portion of the district is situated, shall have authority to
pledge the revenues derived from a fixed proportion of the
gross income thus obtained and to issue bonds of the district
payable from the utility bond fund and to sell the same to
raise money for district purposes. [1985 c 396 § 78; 1937
c 72 § 198; RRS § 9663E-198. Formerly RCW 86.08.790,
part.]
86.09.616 Utility revenue bonds and coupons—
Order of payment—When funds deficient. Utility bonds
and interest thereon shall be paid in the order of their respective due dates and the bonds and interest of a prior issue
shall carry preference in payment over those of a subsequent
issue: PROVIDED, That where there is not sufficient
money in the utility bond fund to pay all matured demands
against the same in accordance with the preference right
above mentioned, the county treasurer shall pay the interest
on the bonds having the preference right of payment in their
numerical order beginning with the bond having the smallest
number, to the extent of the available money in the utility
bond fund. [1937 c 72 § 206; RRS § 9663E-206. Formerly
RCW 86.08.800, part.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.595 Utility revenue bonds—Limited obligation—Payment from special fund. Bonds payable from the
utility bond fund shall not be an obligation of the district and
they shall state on their face that they are payable solely
from a special fund derived from a certain fixed proportion
(naming it) of the gross income derived by the district from
the sale or lease of water or from other service, as the case
may be, and such fixed proportion of such gross income
shall be irrevocably devoted to the payment of such bonds
with interest until the same are fully paid. [1937 c 72 §
199; RRS § 9663E-199. Formerly RCW 86.08.790, part,
and 86.08.800, part.]
86.09.598 Utility revenue bonds—Form, terms,
interest, etc. (1) Said utility bonds shall be numbered
consecutively, shall mature in series amortized in a definite
schedule during a period not to exceed twenty years from the
date of their issuance, shall be in such denominations and
form and shall be payable, with annual or semiannual
interest at such rate or rates and at such place as the county
legislative authority of the county within which the major
portion of the district is situated shall provide. Such bonds
may be in any form, including bearer bonds or registered
bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1985 c 396 § 79; 1983 c 167 § 207; 1970
ex.s. c 56 § 94; 1969 ex.s. c 232 § 45; 1937 c 72 § 200;
RRS § 9663E-200. Formerly RCW 86.08.800, part.]
Severability—1985 c 396: See RCW 85.38.900.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
86.09.601 Utility revenue bonds—Election to
authorize. For the purpose of authorizing such utility
bonds, an election shall be called, noticed, held and can(2002 Ed.)
86.09.619 District directors to make provision for
payment—Procedure on failure of directors. It shall be
the duty of the board of directors of the district to make
adequate provision for the payment of all district bonds in
accordance with their terms by levy and collection of
assessments or otherwise and upon its failure so to do said
levy and collection of assessments shall be made as follows:
(1) If the annual assessment roll has not been delivered
to the county treasurer on or before the fifteenth day of
January, he shall notify the secretary by registered mail that
the roll must be delivered to him forthwith.
(2) If the roll is not delivered within ten days from the
date of mailing the notice, or if the roll has not been
equalized and the levy made, the treasurer shall immediately
notify the county commissioners of the county in which the
office of the directors is situated, and such commissioners
shall cause an assessment roll for the district to be prepared
and shall equalize it if necessary, and make the levy in the
same manner and with like effect as if it had been made and
equalized by the directors, and all expenses incident thereto
shall be borne by the district.
(3) In case of neglect or refusal of the secretary to
perform his duties, the district treasurer shall perform them,
and shall be accountable therefor, on his official bond, as in
other cases. [1965 c 26 § 12; 1937 c 72 § 207; RRS §
9663E-207. Formerly RCW 86.08.820, part.]
86.09.621 Special assessment bonds. Special
assessment bonds and notes shall be issued and sold in
accordance with chapter 85.38 RCW. [1986 c 278 § 28.]
Severability—1986 c 278: See note following RCW 36.01.010.
86.09.622 Dissolution of districts—Procedure.
Flood control districts may be dissolved upon a favorable
sixty percent vote of the electors voting at an election for
that purpose called, noticed, conducted and canvassed in the
manner provided in this chapter for special elections and no
further district obligations shall thereafter be incurred:
PROVIDED, That the election shall not abridge or cancel
any of the outstanding obligations of the district, and the
[Title 86 RCW—page 17]
86.09.622
Title 86 RCW: Flood Control
county legislative authority of the county within which the
major portion of the district is situated shall each year at the
time and in the manner provided in this chapter for the levy
of district assessments, levy assessments against the lands in
the district and the same shall be collected and enforced in
the manner provided herein, until the outstanding obligations
of the district are fully paid. [1985 c 396 § 83; 1937 c 72
§ 208; RRS § 9663E-208. Formerly RCW 86.08.830, part.]
Severability—1985 c 396: See RCW 85.38.900.
Dissolution of districts: Chapter 53.48 RCW.
86.09.625 Dissolution of districts—When complete.
When the obligations have been fully paid, all moneys in
any of the funds of the district and all collections of unpaid
district assessments shall be transferred to the general fund
of the county within which the major portion of the district
is situated as partial reimbursement for moneys expended
and services rendered by the county for and in behalf of the
district, and thereupon the county legislative authority of that
county shall file a statement of the full payment of the
district’s obligations for record in the county auditor’s office
in each county in which any lands in the district were
situated and thereafter the dissolution of the district shall be
complete and its corporate existence ended. [1985 c 396 §
84; 1937 c 72 § 209; RRS § 9663E-209. Formerly RCW
86.08.830, part.]
Severability—1985 c 396: See RCW 85.38.900.
Reclamation revolving fund abolished, moneys transferred to reclamation
revolving account: RCW 43.79.330 through 43.79.334.
86.09.627 Disincorporation of district located in
county with a population of two hundred ten thousand or
more and inactive for five years. See chapter 57.90 RCW.
86.09.700 Revision of district—Petition. A board
may amend the district comprehensive plan of flood control,
alter, reduce or enlarge the district system of improvement,
within or without the district, and change the district boundaries so as to include land likely to be benefited by said
amendment, alteration, reduction or enlargement by filing a
petition to that effect with the county legislative authority of
the county within which the major portion of the district is
situated. [1985 c 396 § 85; 1965 c 26 § 14.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.703 Revision of district—Establishment of
revised district—Review of benefits—Liability of original
district—Segregation of funds. If funds are available the
county legislative authority shall, at the expense of the
county, refer the petition to the county engineer for a
preliminary investigation as to the feasibility of the objects
sought by the petition. If the investigation discloses that the
matter petitioned for is feasible, conducive to the public
welfare, consistent with a comprehensive plan of development and in the best interest of the district and will
promote the purposes for which the district was organized,
the county legislative authority shall so find, approve the
petition, enter an order in his records declaring the establishment of the new boundaries as petitioned for, or as modified
by him, and file a certified copy of the order with each
county auditor, without filing fee, and with the board.
[Title 86 RCW—page 18]
The board shall forthwith cause a review of the classifications and ratio of benefits, in the same manner and with
the same effect as for the determination of such matters in
the first instance.
The lands in the original district shall remain bound for
the whole of the original unpaid assessment thereon for the
payment of any outstanding warrants or bonds to be paid by
such assessments. Until the assessments are collected and
all indebtedness of the original district paid, separate funds
shall be maintained for the original district and the revised
district. [1985 c 396 § 86; 1965 c 26 § 15.]
Severability—1985 c 396: See RCW 85.38.900.
86.09.710 Annexation of territory—Consolidation of
special districts—Suspension of operations—Reactivation.
Flood control districts may annex territory, consolidate with
other special districts, and have their operations suspended
and be reactivated, in accordance with chapter 85.38 RCW.
[1986 c 278 § 16.]
Severability—1986 c 278: See note following RCW 36.01.010.
86.09.900 Other statutes preserved. Nothing in this
chapter contained shall be construed as affecting or in any
wise limiting the powers of counties, cities, towns, diking
districts, drainage districts, or other municipal or public
agencies in the manner authorized by law to construct and
maintain dikes, levees, embankments or other structures and
works, or to open, deepen, straighten and otherwise enlarge
natural water courses, waterways and other channels, for the
purpose of protecting such organizations from overflow.
[1937 c 72 § 210; RRS § 9663E-210.]
86.09.910 Chapter supplemental to other acts.
Nothing in this chapter contained shall be held or construed
as in any manner abridging, enlarging or modifying any
statute now or hereafter existing relating to the organization,
operation and dissolution of flood control districts. This
chapter is intended as an independent chapter providing for
a separate and an additional authority from and to any other
authority now existing for the organization, operation and
dissolution of flood control districts, as provided in this
chapter. [1937 c 72 § 211; RRS § 9663E-211.]
86.09.920 Chapter liberally construed. The provisions of this chapter and all proceedings thereunder shall be
liberally construed with a view to effect their objects. [1937
c 72 § 212; RRS § 9663E-212.]
86.09.930 Severability—1937 c 72. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole or any section, provision
or part thereof not adjudged to be invalid or unconstitutional.
[1937 c 72 § 213; RRS § 9663E-213.]
(2002 Ed.)
Flood Control by Counties
Chapter 86.12
FLOOD CONTROL BY COUNTIES
Sections
COUNTY FLOOD CONTROL
86.12.010
86.12.020
86.12.030
86.12.033
86.12.034
County tax for river improvement fund—Flood control
maintenance account.
Authority to make improvements—Condemnation.
Eminent domain, how exercised.
Expenses to be paid out of river improvement fund.
County entitled to abandoned channels, beds, and banks.
86.12.037
Liability of county or counties to others.
IMMUNITY FROM LIABILITY
Chapter 86.12
land or other property for any such purpose, and may
condemn land and other property and rights and interests
therein and damage the same for any other public use after
just compensation having been first made or paid into court
for the owner in the manner prescribed in this chapter. The
purposes in this chapter specified are hereby declared to be
county purposes. [1970 ex.s. c 30 § 10; 1941 c 204 § 9;
1935 c 162 § 1; 1919 c 109 § 1; 1907 c 66 § 2; Rem. Supp.
1941 § 9626.]
Severability—1970 ex.s. c 30: See RCW 36.89.911.
Authority and power of counties are supplemental: RCW 36.89.062.
Storm water control facilities, county powers and authority: Chapter 36.89
RCW.
COMPREHENSIVE FLOOD CONTROL MANAGEMENT PLANS
86.12.200
86.12.210
86.12.220
Comprehensive flood control management plan—Elements.
Comprehensive flood control management plan—
Participation of local officials—Arbitration of disputed
issues.
Advisory committees.
COUNTY FLOOD CONTROL
86.12.010 County tax for river improvement fund—
Flood control maintenance account. The county commissioners of any county may annually levy a tax, beginning
with the year 1907, in such amount as, in their judgment
they may deem necessary or advisable, but not to exceed
twenty-five cents per thousand dollars of assessed value
upon all taxable property in such county, for the purpose of
creating a fund to be known as "river improvement fund."
There is hereby created in each such river improvement fund
an account to be known as the "flood control maintenance
account." [1973 1st ex.s. c 195 § 129; 1941 c 204 § 8; 1907
c 66 § 1; Rem. Supp. 1941 § 9625. FORMER PART OF
SECTION: 1907 c 66 § 4, now codified as RCW
86.12.033.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55 and
59); chapter 84.52 RCW.
86.12.020 Authority to make improvements—
Condemnation. Said fund shall be expended for the
purposes in this chapter provided. Any county, for the
control of waters subject to flood conditions from streams,
tidal or other bodies of water affecting such county, may
inside or outside the boundaries of such county, construct,
operate and maintain dams and impounding basins and dikes,
levees, revetments, bulkheads, rip-rap or other protection;
may remove bars, logs, snags and debris from and clear,
deepen, widen, straighten, change, relocate or otherwise
improve and maintain stream channels, main or overflow;
may acquire any real or personal property or rights and
interest therein for the prosecution of such works or to
preserve any flood plain or regular or intermittent stream
channels from any interference to the free or natural flow of
flood or storm water; and may construct, operate and
maintain any and all other works, structures and improvements necessary for such control; and for any such purpose
may purchase, condemn or otherwise acquire land, property
or rights, including beds of nonnavigable waters and state,
county and school lands and property and may damage any
(2002 Ed.)
86.12.030 Eminent domain, how exercised. The
taking and damaging of land, property or rights therein or
thereto by any county, either inside or outside of such
county, for flood control purposes of the county is hereby
declared to be for a public use. Such eminent domain
proceedings shall be in the name of the county, shall be had
in the county where the property is situated, and may unite
in a single action proceedings to condemn for county use
property held by separate owners, the jury to return separate
verdicts for the several lots, tracts or parcels of land, or
interest therein, so taken or damaged. The proceedings may
conform to the provisions of *sections 921 to 926, inclusive,
of Remington’s Revised Statutes, or to any general law now
or hereafter enacted governing eminent domain proceedings
by counties. The title so acquired by the county shall be the
fee simple title or such lesser estate as shall be designated in
the decree of appropriation. The awards in and costs of such
proceedings shall be payable out of the river improvement
fund. [1941 c 204 § 10; 1907 c 66 § 3; Rem. Supp. 1941 §
9627.]
*Reviser’s note: "Sections 921 to 926, inclusive, of Remington’s
Revised Statutes" (except for section 923) are codified as RCW 8.20.010
through 8.20.080. Section 923 was repealed by 1935 c 115 § 1 but
compare the first paragraph of RCW 8.28.010 relating to the same subject
matter as the repealed section.
86.12.033 Expenses to be paid out of river improvement fund. All expenses to be incurred in accomplishing
the objects authorized by this act shall be paid out of said
river improvement fund and which fund shall be used for no
other purpose than the purposes contemplated by this
chapter. [1907 c 66 § 4; RRS § 9628. Formerly RCW
86.12.010, part.]
86.12.034 County entitled to abandoned channels,
beds, and banks. Whenever a county of this state, acting
pursuant to RCW 86.12.010 through 86.12.033, shall make
an improvement in connection with the course, channel or
flow of a navigable river, thereby causing it to abandon its
existing channel, bed, bank or banks for the entire distance
covered by said improvement, or for any part or portion
thereof, or by said improvement shall prevent a river from
resuming at a future time an ancient or abandoned channel
or bed, or shall construct improvements intended so to do,
all the right, title and interest of the state of Washington in
and to said abandoned channel or channels, bed or beds,
bank or banks, up to and including the line of ordinary high
water, shall be and the same is hereby given, granted and
[Title 86 RCW—page 19]
86.12.034
Title 86 RCW: Flood Control
conveyed to the county making such improvement: PROVIDED, HOWEVER, That any such gift, grant or conveyance shall be subject to any right, easement or interest
heretofore given, granted or conveyed to any agency of the
state. [1963 c 90 § 1.]
IMMUNITY FROM LIABILITY
86.12.037 Liability of county or counties to others.
No action shall be brought or maintained against any county
alone or when acting jointly with any other county under any
law, its or their agents, officers or employees, for any
noncontractual acts or omissions of such county or counties,
its or their agents, officers or employees, relating to the
improvement, protection, regulation and control for flood
prevention and navigation purposes of any river or its
tributaries and the beds, banks and waters thereof: PROVIDED, That nothing contained in this section shall apply to
or affect any action now pending or begun prior to the
passage of this section. [1921 c 185 § 1; RRS § 9663.
Formerly RCW 87.12.180.]
COMPREHENSIVE FLOOD CONTROL
MANAGEMENT PLANS
86.12.200 Comprehensive flood control management
plan—Elements. The county legislative authority of any
county may adopt a comprehensive flood control management plan for any drainage basin that is located wholly
or partially within the county.
A comprehensive flood control management plan shall
include the following elements:
(1) Designation of areas that are susceptible to periodic
flooding, from inundation by bodies of water or surface
water runoff, or both, including the river’s meander belt or
floodway;
(2) Establishment of a comprehensive scheme of flood
control protection and improvements for the areas that are
subject to such periodic flooding, that includes: (a) Determining the need for, and desirable location of, flood control
improvements to protect or preclude flood damage to structures, works, and improvements, based upon a cost/benefit
ratio between the expense of providing and maintaining these
improvements and the benefits arising from these improvements; (b) establishing the level of flood protection that each
portion of the system of flood control improvements will be
permitted; (c) identifying alternatives to in-stream flood
control work; (d) identifying areas where flood waters could
be directed during a flood to avoid damage to buildings and
other structures; and (e) identifying sources of revenue that
will be sufficient to finance the comprehensive scheme of
flood control protection and improvements;
(3) Establishing land use regulations that preclude the
location of structures, works, or improvements in critical
portions of such areas subject to periodic flooding, including
a river’s meander belt or floodway, and permitting only
flood-compatible land uses in such areas;
(4) Establishing restrictions on construction activities in
areas subject to periodic floods that require the flood
proofing of those structures that are permitted to be constructed or remodeled; and
[Title 86 RCW—page 20]
(5) Establishing restrictions on land clearing activities
and development practices that exacerbate flood problems by
increasing the flow or accumulation of flood waters, or the
intensity of drainage, on low-lying areas. Land clearing
activities do not include forest practices as defined in chapter
76.09 RCW.
A comprehensive flood control management plan shall
be subject to the minimum requirements for participation in
the national flood insurance program, requirements exceeding
the minimum national flood insurance program that have
been adopted by the department of ecology for a specific
flood plain pursuant to RCW 86.16.031, and rules adopted
by the department of ecology pursuant to RCW 86.26.050
relating to flood plain management activities. When a
county plans under chapter 36.70A RCW, it may incorporate
the portion of its comprehensive flood control management
plan relating to land use restrictions in its comprehensive
plan and development regulations adopted pursuant to
chapter 36.70A RCW. [1991 c 322 § 3.]
Findings—Intent—1991 c 322: "(1) The legislature finds that:
(a) Floods pose threats to public health and safety including loss or
endangerment to human life; damage to homes; damage to public roads,
highways, bridges, and utilities; interruption of travel, communication, and
commerce; damage to private and public property; degradation of water
quality; damage to fisheries, fish hatcheries, and fish habitat; harm to
livestock; destruction or degradation of environmentally sensitive areas;
erosion of soil, stream banks, and beds; and harmful accumulation of soil
and debris in the beds of streams or other bodies of water and on public and
private lands;
(b) Alleviation of flood damage to property and to public health and
safety is a matter of public concern;
(c) Many land uses alter the pattern of runoff by decreasing the ability
of upstream lands to store waters, thus increasing the rate of runoff and
attendant downstream impacts; and
(d) Prevention of flood damage requires a comprehensive approach,
incorporating storm water management and basin-wide flood damage
protection planning.
(2) County legislative authorities are encouraged to use and coordinate
all the regulatory, planning, and financing mechanisms available to those
jurisdictions to address the problems of flooding in an equitable and
comprehensive manner.
(3) It is the intent of the legislature to develop a coordinated and
comprehensive state policy to address the problems of flooding and the
minimization of flood damage." [1991 c 322 § 1.]
Purpose—1991 c 322: "The purpose of sections 3 through 13 of this
act is to permit counties in cooperation and consultation with cities and
towns to adopt a comprehensive system of flood control management and
protection within drainage basins and to coordinate the flood control
activities of the state, counties, cities, towns, and special districts within
such drainage basins." [1991 c 322 § 2.]
86.12.210 Comprehensive flood control management
plan—Participation of local officials—Arbitration of
disputed issues. A comprehensive flood control management plan that includes an area within which a city or town,
or a special district subject to chapter 85.38 RCW, is located
shall be developed by the county with the full participation
of officials from the city, town, or special district, including
conservation districts, and appropriate state and federal
agencies. Where a comprehensive flood control management
plan is being prepared for a river basin that is part of the
common boundary between two counties, the county legislative authority of the county preparing the plan may allow
participation by officials of the adjacently located county.
Following adoption by the county, city, or town, a
comprehensive flood control management plan shall be
binding on each jurisdiction and special district that is
(2002 Ed.)
Flood Control by Counties
located within an area included in the plan. If within one
hundred twenty days of the county’s adoption, a city or town
does not adopt the comprehensive flood control management
plan, the city or county shall request arbitration on the issue
or issues in dispute. If parties cannot agree to the selection
of an arbitrator, the arbitrator shall be selected according to
the process described in RCW 7.04.050. The cost of the
arbitrator shall be shared equally by the participating parties
and the arbitrator’s decision shall be binding. Any land use
regulations and restrictions on construction activities contained in a comprehensive flood control management plan
applicable to a city or town shall be minimum standards that
the city or town may exceed. A city or town undertaking
flood or storm water control activities consistent with the
comprehensive flood control management plan shall retain
authority over such activities. [1991 c 322 § 4.]
Findings—Intent—Purpose—1991 c 322: See notes following RCW
86.12.200.
86.12.220 Advisory committees. A county may
create one or more advisory committees to assist in the
development of proposed comprehensive flood control
management plans and to provide general advice on flood
problems. The advisory committees may include city and
town officials, officials of special districts subject to chapter
85.38 RCW, conservation districts, appropriate state and
federal officials, and officials of other counties and other
interested persons. [1991 c 322 § 5.]
Findings—Intent—Purpose—1991 c 322: See notes following RCW
86.12.200.
Chapter 86.13
FLOOD CONTROL BY COUNTIES JOINTLY
Sections
JOINT COUNTY CONTROL—1913 ACT
86.13.010
86.13.020
86.13.030
86.13.040
86.13.050
86.13.060
86.13.070
86.13.080
86.13.090
Boundary line rivers—Contract to control.
Expenditure of funds—Joint action generally.
Tax levy in each county—Intercounty river improvement
fund.
Eminent domain—Procedure—Acquisition by purchase authorized.
Joint county meeting—Procedure.
Special commissioner—Powers and duties—Compensation.
Chapter not exclusive.
Liability as between counties.
Issuance of warrants.
JOINT COUNTY CONTROL—SUPPLEMENTAL ACTS
86.13.100
86.13.110
Lease or disposal of property—Disposition of proceeds.
State’s title to abandoned channels granted to counties.
86.13.120
Liability of county or counties to others.
IMMUNITY FROM LIABILITY
86.12.210
otherwise, to the roads, bridges or other public property
situate in or to other public interests of both such counties,
or the flow of such waters shall have alternated between the
said counties so at one time or times such waters shall have
caused damage to one county and at another time or times
to the other county, and it shall be deemed by the boards of
county commissioners of both counties to be for the public
interests of their respective counties that the flow of such
waters be definitely confined to a particular channel, situate
in whole or in part in either county, in a manner calculated
to prevent such alternation or to prevent or lessen damage in
the future, it shall be lawful for the two counties, and their
boards of county commissioners are hereby empowered,
pursuant to resolution, to enter into a contract in writing in
the names of the respective counties for the purpose of
settling all disputes in relation to any such situation, and
providing ways and means for the control and disposition of
such waters. Any such contract may provide:
(1) That it shall be operative in perpetuity, or only for
a term of years or other measure of time to be specified
therein.
(2) The amount of money to be expended by each
county during each year of the life of said contract, or such
other method of determining the amount of expenditure or
dividing the financial burden as may be agreed upon.
(3) That an annual tax shall be levied, at the same time
and in the same manner as other county taxes are levied,
each year during the life of the contract, by the county
commissioners of each county. The annual tax herein
provided for need not be levied at the same rate for each
county, but shall be at such rate in each county as will
produce annually the amount of money for each county as is
required for the fulfillment of the contract on its part:
PROVIDED, HOWEVER, That in no event shall any such
tax levy by either county exceed twenty-five cents per thousand dollars of assessed value for any one year.
(4) That the general scheme for the improvement of
such river shall be as stated in such contract, but by consent
of the contracting parties, pursuant to resolution of each
board of county commissioners, such scheme may be
modified from time to time during the life of the contract.
The contract may but need not provide the details of such
scheme, but must designate the general purpose to be
accomplished. So far as details are not specified in the
contract, same shall be for future determination by joint
action of the two boards of county commissioners. Any
such contract may be subsequently modified or abrogated by
mutual consent evidenced by separate resolution of both
boards of county commissioners. [1973 1st ex.s. c 195 §
130; 1913 c 54 § 1; RRS § 9651. Formerly RCW
86.12.040.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
JOINT COUNTY CONTROL—1913 ACT
86.13.010 Boundary line rivers—Contract to
control. Wherever and whenever a river is or shall be the
boundary line or part of the boundary line between two
counties, or it, or its tributaries or outlet or part thereof,
flows through parts of two counties, and the waters thereof
have in the past been the cause of damage, by inundation or
(2002 Ed.)
86.13.020 Expenditure of funds—Joint action
generally. When such a contract shall have been entered
into the prosecution of the work of improvement and the
expenditure of funds thereof shall be determined upon,
controlled and provided for by joint action of the boards of
county commissioners of the two counties. So acting jointly,
they shall have power to employ subordinates, purchase
material or equipment in open market or by contract, let
[Title 86 RCW—page 21]
86.13.020
Title 86 RCW: Flood Control
contracts for work, or cause work to be done by day labor,
and to reject any and all bids received for work or material.
All vouchers, pay rolls, reports, contracts and bonds on
contracts shall be in duplicate, one copy to be filed in the
office of the county auditor of each county: PROVIDED,
HOWEVER, That the expenditure of said funds must be
made in such manner so that the fund from each county is
drawn on or expended alternately and such alternate expenditure shall be in proportion to the amount contributed by each
county as nearly as may be practicable. [1913 c 54 § 2;
RRS § 9652. Formerly RCW 86.12.050 and 86.12.060,
part.]
86.13.030 Tax levy in each county—Intercounty
river improvement fund. When such a contract shall have
been entered into it shall be the duty of each of the boards
of county commissioners to make for their respective
counties, each year, a tax levy at a rate sufficient to meet the
requirements of the contract to be performed by the county,
or sufficient to provide such lesser amount as the boards of
county commissioners shall agree upon for such year, to be
evidenced by separate resolution of each board, and when
such levy shall be made the same shall be extended upon the
tax rolls of the county levying the same as other taxes shall
be extended, and shall be collected in the same manner and
shall be a lien upon the property as in the case of other
taxes. The fund realized in each county by such tax levy
shall go into a separate fund in the treasury of the county
collecting the same, to be designated intercounty river improvement fund, and the entire fund so collected in the two
counties shall be devoted to and be disbursed for the
purposes specified in such contract and as in this chapter
provided, and for no other purpose, but without regard to the
particular county in which the work is performed, material
required or expenditure made, it being the intent that the
entire fund realized in the two counties shall be devoted to
the one common purpose as if the two counties were one
county and the two funds one fund. The fund in each
county shall be disbursed by the county treasurer of such
county upon warrants signed by the county auditor of that
county. Such warrants shall be issued by order of the board
of county commissioners of such county, or a majority
thereof. Each county auditor shall, whenever requested by
the county auditor of the other county, furnish the county
auditor of the other county a statement of payments into and
warrants drawn upon the fund of his county from time to
time, and in addition thereto, each county auditor shall on
the first Monday of January, April, July and October each
year during the life of the contract furnish the other a
complete statement thereof. Obligations incurred in the
prosecution of such improvement and warrants issued shall
be payable only out of said special funds, and no general
obligation against or debt of either county shall be created
thereby or by any contract entered into by virtue of this
chapter, but it is not the intent of this chapter to deny to
either county the right to have in the courts any proper
proceeding to compel compliance with such contract on the
part of the other county. [1913 c 54 § 3; RRS § 9653.
Formerly RCW 86.12.100.]
Limitation on levies: State Constitution Art. 7 § 2 (Amendments 55 and
59); chapter 84.52 RCW.
[Title 86 RCW—page 22]
86.13.040 Eminent domain—Procedure—
Acquisition by purchase authorized. When such a contract
shall have been entered into the power of eminent domain is
hereby vested in each of such counties, to acquire any lands
necessary to straighten, widen, deepen, dike or otherwise
improve any such river, its tributaries or outlet or to
strengthen the banks thereof, or to acquire any land adjacent
to such river, or its tributaries, or the right to cut and remove
timber upon the same for the purpose of preventing or
lessening the falling of timber or brush into the waters of
such river or tributaries, or to acquire any rock quarry,
gravel deposit or timber for material for the prosecution of
such improvement, together with the necessary rights of way
for the same, or to acquire any dam site or other property
necessary for flood control purposes. Any such land,
property or rights may be acquired by purchase instead of by
condemnation proceedings. Said right of eminent domain
shall extend to lands or other property owned by the state or
any municipality thereof. The title to any such lands,
property or rights so acquired shall vest in the county in
which situate for the benefit of such enterprise and said
fund, but when said contract shall have terminated by lapse
of time or for any other reason, then such title shall be held
by such county independent of any claims whatsoever of the
other county, but any material, equipment or other chattel
property on hand shall be converted into money and the
money divided between the two counties in the ratio of their
respective contributions to the fund. The exercise of such
rights of eminent domain or purchase shall rest in the joint
control of the two boards of county commissioners. Such
eminent domain proceedings shall be in the name of and had
in the county where the property to be acquired is situate:
PROVIDED, If either county shall fail or refuse to institute
and prosecute any condemnation proceedings when directed
so to do by any legal meeting provided for in RCW
86.13.050, such proceeding may be instituted and prosecuted
by and in the name of the other county. The proceedings
may conform to the provisions of *sections 921 to 926,
inclusive, of Remington & Ballinger’s Annotated Codes and
Statutes of Washington, or to any general law now or
hereafter enacted governing eminent domain proceedings by
counties. The awards in and costs of such proceedings shall
be payable out of such funds. The purposes in this act
specified are hereby declared to be county purposes of each
and both of such counties. [1937 c 117 § 1; 1913 c 54 § 4;
RRS § 9654. Formerly RCW 86.12.060, part, and
86.12.070.]
*Reviser’s note: "Sections 921 to 926, inclusive, of Remington &
Ballinger’s Annotated Codes and Statutes" (except for section 923) are
codified as RCW 8.20.010 through 8.20.080. Section 923 was repealed by
1935 c 115 § 1 but compare the first paragraph of RCW 8.28.010 relating
to the same subject matter as the repealed section.
86.13.050 Joint county meeting—Procedure. When
such a contract shall have been entered into and occasion
shall arise for the joint action of the two boards of county
commissioners whether such joint action is provided for in
this chapter or otherwise desired upon any matter having
relation to such contract or the prosecution of such improvement, such joint action may be secured by a notice calling
a joint meeting signed by two county commissioners,
(2002 Ed.)
Flood Control by Counties Jointly
designating the time and place in either county of such
meeting, served by one of the two county auditors upon the
remaining county commissioners at least seven days (exclusive of the date of service or mailing) prior to the time so
designated. If the notice is signed by two county commissioners of the same county the place of meeting shall be at
some place in the other county designated in the notice.
Such service may be personal or by mail addressed to the
member in care of the county auditor of his county. The six
county commissioners may constitute a legal meeting
without notice by being present together for that purpose.
The auditor’s certificate of such personal service or mailing,
attached to a copy of the notice, shall be made a part of the
records of the meeting and be competent proof of the fact.
Except in the case hereinafter provided for, the presence of
four of the county commissioners shall be necessary to
constitute a legal meeting. Each meeting shall be presided
over by one of those present selected by vote. The county
auditor of the county wherein the meeting is held shall be
secretary of the meeting, and shall make duplicate record of
its proceedings, one of which, with his certificate thereon,
shall be forwarded to the county auditor of the other county,
and such record shall be a part of the record of the board of
county commissioners of each county. A majority vote of
those present at any legal meeting shall be determinative
upon any question properly considered at the meeting, and
shall be binding upon each county as if enacted or adopted
by its own board of county commissioners separately, but no
joint meeting whatsoever shall in any manner continue,
extend, change, alter, modify or abrogate the contract when
made or any of the terms and conditions contained therein.
Each county commissioner shall be paid out of said fund in
his own county all disbursements made by him for traveling
and other expenses incurred in attending any joint meeting
or in any way connected with the prosecution of the improvement. Any legal meeting shall have power to adjourn
to another time and place. An adjourned meeting shall have
all the powers of the meeting of which it is an adjournment,
but shall have no power after the end of the thirtieth day
following the date of the original meeting of which it is an
adjournment. If the three county commissioners of either
county shall fail to attend any two meetings consecutively
called, the notice for the next succeeding meeting may be
also served upon the special commissioner hereinafter
provided for, and if he and three county commissioners
attend pursuant to such notice the four shall constitute a
legal meeting, but if he does not so attend and three county
commissioners do attend, the same shall constitute a legal
meeting: PROVIDED, All notices calling a joint meeting
shall specify distinctly and separately each question to be
considered at said meeting; and it shall be unlawful to
consider any question at such meeting or at any adjourned
meeting thereof except those which have been distinctly and
separately specified, except in cases where all six county
commissioners are present or five county commissioners
present are unanimous on the question, and in any action
which may be taken on any question other than those
specified in the notice shall be void and shall not be binding
on either county, except in cases where all six county commissioners are present or the action was by unanimous vote
of five county commissioners present at such meeting.
(2002 Ed.)
86.13.050
[1913 c 54 § 5; RRS § 9655. Formerly RCW 86.12.060,
part, and 86.12.120 through 86.12.140.]
86.13.060 Special commissioner—Powers and
duties—Compensation. When such a contract shall have
been entered into there shall be designated at the first legal
joint meeting, or adjournment thereof, held in each calendar
year a special commissioner to serve as such until the first
joint meeting held in the ensuing year. If such designation
shall not be made at any such first annual meeting, the
United States engineer in charge of the district in which such
improvement is located shall be such special commissioner
until the next succeeding first annual meeting. If a special
commissioner shall for any reason fail to serve as such
officer, or be removed by unanimous vote of any legal
meeting, a successor to him may be chosen at any subsequent legal joint meeting during his term. Such special
commissioner shall have power to attend and vote at any
joint meeting in the following cases and none other, to wit:
(1) In cases specially so provided in RCW 86.13.050 hereof;
(2) in any case where the vote of any such joint meeting
shall stand equally divided upon any question arising under
this chapter or such contract or in the prosecution of the
work of improvement. The special commissioner shall have
no voice or vote except upon questions on which the vote of
the county commissioners is equally divided. The procedure
in cases covered by the foregoing subdivision (2) of this
section shall be substantially as follows: It shall be the duty
of the secretary of the meeting at which the division shall
occur, if the attendance of the special commissioner at that
meeting is not secured, to forthwith transmit to the special
commissioner written notice of the fact of disagreement and
the question involved, and of the time and place to which the
meeting shall have been adjourned or at which the question
will recur. If there shall be no such adjournment of the
meeting, or if the secretary shall not give such notice, any
two commissioners may in the manner provided in RCW
86.13.050 call a joint meeting for the consideration of the
question in dispute, and in such event either county auditor
may give such notice to the special commissioner. No
informality in the mode of securing the attendance of the
special commissioner shall invalidate the proceedings of or
any vote taken at any meeting which he shall attend and
which he is empowered to attend by the provisions of this
chapter. The special commissioner shall receive, to be paid
equally out of the two funds, his traveling and other expenses incurred in attending meetings or otherwise in connection
with the work of improvement, and such compensation for
his services as shall be fixed by the joint meeting which
shall have selected him, or failing to be so fixed, his
compensation shall be ten dollars per day of actual service.
[1913 c 54 § 6; RRS § 9656. Formerly RCW 86.12.150 and
86.12.160.]
86.13.070 Chapter not exclusive. Nothing in this
chapter contained shall be construed to prevent any county
which may be a party to such contract from further caring
for any such river or the banks thereof, as authorized so to
do by existing laws or by such laws as may be hereafter
enacted, provided the rights of neither county, as fixed by
[Title 86 RCW—page 23]
86.13.070
Title 86 RCW: Flood Control
contract, shall be impaired thereby. [1913 c 54 § 7; RRS §
9657. Formerly RCW 86.12.190.]
86.13.080 Liability as between counties. No legal
claim of any kind or character whatsoever in favor of one
county and against the other shall be based upon or created
by the enactment hereof, except such as may arise when the
contract herein provided for shall have been entered into.
After such contract shall have been entered into, should any
loss or damage be sustained by either county occasioned by
the overflow of any such river, if caused by any act or
omission to act of the other county, its officers or agents, or
any other cause whatsoever, then such county so suffering or
sustaining said loss shall not be entitled to recover therefor
from the other county, nor shall any cause of action, legal or
equitable be based thereon: PROVIDED, HOWEVER, That
if either county shall suffer loss or damage because of the
failure or refusal of the other county to perform any such
contract on its part to be performed, the injured county shall
have a cause of action against the defaulting county to
recover the same, but the limit of recovery for any loss or
damage suffered in any one year shall not exceed the sum of
ten thousand dollars, and any such recovery shall be limited
to such special fund, and in no event be recoverable out of
the general fund of such defaulting county. If any such loss
or damage shall be liquidated in an amount by agreement or
by judgment, the defaulting county shall increase its tax levy
for said special fund for the ensuing year sufficiently to
provide for such liquidated amount: AND PROVIDED
FURTHER, That either county may have any proper action
in the courts to compel the performance of the contract or
any duty imposed thereby or by this chapter. [1913 c 54 §
8; RRS § 9658. Formerly RCW 86.12.170.]
86.13.090 Issuance of warrants. When such a
contract shall have been entered into, it shall be lawful to
issue warrants upon said fund though there be at the time of
such issuance no money in the fund, but in such cases the
aggregate of such warrants so issued in any year shall not
exceed one-half the amount of the next annual tax levy
required by such contract. Such warrants shall be stamped
by the county treasurer when presented to him for payment,
to bear interest at a certain rate thereafter until paid, such
rate to be the then current rate as determined by the county
auditor. [1913 c 54 § 9; RRS § 9659. Formerly RCW
86.12.110.]
JOINT COUNTY CONTROL—SUPPLEMENTAL ACTS
86.13.100 Lease or disposal of property—
Disposition of proceeds. Whenever two counties of this
state, acting under a contract made pursuant to RCW
86.13.010 through 86.13.090, shall make an improvement in
connection with the course, channel or flow of a river, shall
acquire property by statute, purchase, gift or otherwise, said
counties, acting through their boards of county commissioners jointly shall have the power, and are hereby authorized
to sell, transfer, trade, lease, or otherwise dispose of said
property by public or private, negotiation or sale. The deeds
to the property so granted, transferred, leased or sold shall be
executed by the chairman of the meeting of the joint boards
[Title 86 RCW—page 24]
of county commissioners, and attested by the secretary of
said joint meeting where the sale is authorized. The proceeds of the sale of said property shall be used by said
counties for the carrying on, completion or maintenance of
said improvement, as directed by the boards of county
commissioners of said counties acting jointly. [1915 c 103
§ 1; RRS § 9660. Formerly RCW 86.12.080.]
Construction—1915 c 103: "This act is not intended to modify,
change, alter or amend chapter 54 of the Session Laws of 1913 [RCW
86.13.010 through 86.13.090]." [1915 c 103 § 2.]
86.13.110 State’s title to abandoned channels
granted to counties. Whenever two counties of this state,
acting under a contract made pursuant to RCW 86.13.010
through 86.13.090, shall make an improvement in connection
with the course, channel or flow of a river, thereby causing
it to abandon its existing channel, bed, bank or banks for the
entire distance covered by said improvement, or for any part
or portion thereof, or by said improvement shall prevent a
river from resuming at a future time an ancient or abandoned
channel or bed, or shall construct improvements intended so
to do, all the right, title and interest of the state of Washington in and to said abandoned channel or channels, bed or
beds, bank or banks, up to and including the line of ordinary
high water, shall be and the same is hereby given, granted
and conveyed jointly to the counties making such improvement. [1915 c 140 § 1; RRS § 9662. Formerly RCW
86.12.090.]
IMMUNITY FROM LIABILITY
86.13.120 Liability of county or counties to others.
See RCW 86.12.037.
Chapter 86.15
FLOOD CONTROL ZONE DISTRICTS
Sections
86.15.001
86.15.010
86.15.020
86.15.023
86.15.025
86.15.030
86.15.050
86.15.060
86.15.070
86.15.080
86.15.090
86.15.095
86.15.100
86.15.110
86.15.120
86.15.130
86.15.140
86.15.150
86.15.160
86.15.162
Actions subject to review by boundary review board.
Definitions.
Zones—Creation.
Zones not to include area in other zones.
Districts incorporating watersheds authorized—Subzones
authorized—Creation, procedure—Administration—
Powers.
Districts incorporating watersheds authorized—Formation,
hearing and notice.
Zones—Governing body.
Administration.
Advisory committees.
General powers.
Extraterritorial powers.
Zones constitute quasi municipal corporation—Constitutional
and statutory powers.
Flood control or storm water control improvements—
Authorization.
Flood control or storm water control improvements—
Initiation—Comprehensive plan.
Flood control or storm water control improvements—
Hearing, notice.
Zone treasurer—Funds.
Budget.
County aid.
Excess levies, assessments, regular levies, and charges—
Local improvement districts.
Delinquent assessment—Sale of parcel—Accrual of interest.
(2002 Ed.)
Flood Control Zone Districts
86.15.165
Voluntary assessments for flood control or storm water control improvements—Procedure—Disposition of proceeds—Use.
86.15.170 General obligation bonds.
86.15.175 Community revitalization financing—Public improvements.
86.15.176 Service charges authorized—Disposition of revenue.
86.15.178 Revenue bonds—Lien for delinquent service charges.
86.15.180 Protection of public property.
86.15.190 Abatement of nuisances.
86.15.200 Flood control zones—Consolidation, abolishment.
86.15.210 Transfer of property.
86.15.220 Planning of improvements.
86.15.230 Public necessity of chapter.
86.15.900 Severability—Construction—1961 c 153.
86.15.910 Construction of chapter.
86.15.920 Titles not part of the chapter.
Dissolution of inactive special purpose districts: Chapter 36.96 RCW.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Chapter 86.15
within forty days after receiving the petition from the county
auditor. Thereafter, the procedures for establishing a zone
shall be the same whether initiated by motion of the board
or by a petition of electors.
Petitions shall be in a form prescribed and approved by
the county auditor and shall include the necessary legal
descriptions and other information necessary for establishment of a zone by resolution. When the sponsors of a petition have acquired the necessary signatures, they shall
present the petition to the county auditor who shall thereafter
certify the sufficiency of the petition within forty-five days.
If the petition is found to meet the requirements specified in
this chapter, the auditor shall transmit the petition to the
board for their action; if the petition fails to meet the
requirements of this chapter, it shall be returned to the
sponsors. [1983 c 315 § 12; 1961 c 153 § 2.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.001 Actions subject to review by boundary
review board. The creation of a flood control zone district
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. Extensions of service
outside of the boundaries of a flood control zone district may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. [1989 c 84 § 65.]
86.15.010 Definitions. The definitions set forth in this
section apply through this chapter.
(1) "Board" means the county legislative authority.
(2) "Flood control improvement" means any works,
projects, or other facilities necessary for the control of flood
waters within the county or any zone or zones.
(3) "Flood waters" and "storm waters" means any storm
waste or surplus waters, including surface water, wherever
located within the county or a zone or zones where such
waters endanger public highways, streams and water courses,
harbors, life, or property.
(4) "Participating zones" means two or more zones
found to benefit from a single flood control improvement or
storm water control improvement.
(5) "Storm water control improvement" means any
works, projects, or other facilities necessary to control and
treat storm water within the county or any zone or zones.
(6) "Supervisors" means the board of supervisors, or
governing body, of a zone.
(7) "Zones" means flood control zone districts which are
quasi municipal corporations of the state of Washington
created by this chapter. [1983 c 315 § 11; 1961 c 153 § 1.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.020 Zones—Creation. The board may initiate,
by affirmative vote of a majority of the board, the creation
of a zone or additional zones within the county, and without
reference to an existing zone or zones, for the purpose of
undertaking, operating, or maintaining flood control projects
or storm water control projects or groups of projects that are
of special benefit to specified areas of the county. Formation of a zone may also be initiated by a petition signed by
twenty-five percent of the electors within a proposed zone
based on the vote cast in the last county general election. If
the formation of the zone is initiated by petition, the board
shall incorporate the terms of the petition in a resolution
(2002 Ed.)
86.15.023 Zones not to include area in other zones.
A board may not establish a zone including an area located
in another zone unless this area is removed from the other
zone, or the other zone is dissolved, as part of the action
creating the new zone. [1991 c 322 § 9.]
Findings—Intent—Purpose—1991 c 322: See notes following RCW
86.12.200.
86.15.025 Districts incorporating watersheds
authorized—Subzones authorized—Creation, procedure—Administration—Powers. (1) The board is authorized to establish a countywide flood control zone district
incorporating the boundaries of any and all watersheds
located within the county which are not specifically organized into flood control zone districts established pursuant to
chapter 86.15 RCW. Upon establishment of a countywide
flood control zone district as authorized by this section, the
board is authorized and may divide any or all of the zone so
created into separately designated subzones and such
subzones shall then be operated and be legally established in
the same manner as any flood control zone district established pursuant to chapter 86.15 RCW.
(2) Countywide flood control zone districts shall be
established pursuant to the requirements of RCW 86.15.020,
86.15.030 and *86.15.040 as now law of [or] hereafter
amended. Subzones established from countywide flood
control zone districts shall be established by resolution of the
board and the provisions of RCW 86.15.020, 86.15.030 and
shall not apply to the establishment of such subzone as
authorized by this section.
(3) Such subzones shall be operated and administered in
the same manner as any other flood control zone district in
accordance with the provisions of chapter 86.15 RCW.
(4) Such subzones shall have authority to exercise any
and all powers conferred by the provisions of RCW
86.15.080 as now law or hereafter amended.
(5) The board shall exercise the same power, authority,
and responsibility over such subzones as it exercises over
flood control zone districts in accordance with the provisions
of chapter 86.15 RCW as now law or hereafter amended,
and without limiting the generality of this subsection, the
board may exercise over such subzones, the powers granted
[Title 86 RCW—page 25]
86.15.025
Title 86 RCW: Flood Control
to it by RCW 86.15.160, 86.15.170, 86.15.176 and 86.15.178
as now law or hereafter amended. [1969 ex.s. c 195 § 1.]
*Reviser’s note: RCW 86.15.040 was repealed by 1991 c 322 § 13.
86.15.030 Districts incorporating watersheds
authorized—Formation, hearing and notice. Upon receipt
of a petition asking that a zone be created, or upon motion
of the board, the board shall adopt a resolution which shall
describe the boundaries of such proposed zone; describe in
general terms the flood control needs or requirements within
the zone; set a date for public hearing upon the creation of
such zone, which shall be not more than thirty days after the
adoption of such resolution. Notice of such hearing and
publication shall be had in the manner provided in RCW
36.32.120(7).
At the hearing scheduled upon the resolution, the board
shall permit all interested parties to be heard. Thereafter, the
board may reject the resolution or it may modify the
boundaries of such zone and make such other corrections or
additions to the resolutions as they deem necessary to the
accomplishment of the purpose of this chapter: PROVIDED,
That if the boundaries of such zone are enlarged, the board
shall hold an additional hearing following publication and
notice of such new boundaries: PROVIDED FURTHER,
That the boundaries of any zone shall generally follow the
boundaries of the watershed area affected: PROVIDED
FURTHER, That the immediately preceding proviso shall in
no way limit or be construed to prohibit the formation of a
countywide flood control zone district authorized to be
created by RCW 86.15.025.
Within ten days after final hearing on a resolution, the
board shall issue its order. [1969 ex.s. c 195 § 2; 1961 c
153 § 3.]
86.15.050 Zones—Governing body. The board of
county commissioners of each county shall be ex officio, by
virtue of their office, supervisors of the zones created in
each county. [1961 c 153 § 5.]
86.15.060 Administration. Administration of the
affairs of zones shall be in the county engineer. The
engineer may appoint such deputies and engage such employees, specialists and technicians as may be required by
the zone and as are authorized by the zone’s budget.
Subject to the approval of the board, the engineer may
organize, or reorganize as required, the zone into such departments, divisions or other administrative relationships as
he deems necessary to its efficient operation. [1961 c 153
§ 6.]
86.15.070 Advisory committees. The board may
appoint a county-wide advisory committee, which shall
consist of not more than fifteen members. The board also
may appoint an advisory committee for any zone or combination of two or more zones which committees shall consist
of not more than five members. Members of an advisory
committee shall serve without pay and shall serve at the
pleasure of the board. [1967 ex.s. c 136 § 6; 1961 c 153 §
7.]
[Title 86 RCW—page 26]
86.15.080 General powers. A zone or participating
zone may:
(1) Exercise all the powers vested in a county for flood
water or storm water control purposes under the provisions
of chapters 86.12, 86.13, 36.89, and 36.94 RCW: PROVIDED, That in exercising such powers, all actions shall be
taken in the name of the zone and title to all property or
property rights shall vest in the zone;
(2) Plan, construct, acquire, repair, maintain, and operate
all necessary equipment, facilities, improvements, and works
to control, conserve, and remove flood waters and storm
waters and to otherwise carry out the purposes of this
chapter including, but not limited to, protection of the quality
of water sources;
(3) Take action necessary to protect life and property
within the district from flood water damage;
(4) Control, conserve, retain, reclaim, and remove flood
waters and storm waters, including waters of lakes and
ponds within the district, and dispose of the same for
beneficial or useful purposes under such terms and conditions as the board may deem appropriate, subject to the
acquisition by the board of appropriate water rights in accordance with the statutes;
(5) Acquire necessary property, property rights, facilities, and equipment necessary to the purposes of the zone by
purchase, gift, or condemnation: PROVIDED, That property
of municipal corporations may not be acquired without the
consent of such municipal corporation;
(6) Sue and be sued in the name of the zone;
(7) Acquire or reclaim lands when incidental to the
purposes of the zone and dispose of such lands as are
surplus to the needs of the zone in the manner provided for
the disposal of county property in chapter 36.34 RCW;
(8) Cooperate with or join with the state of Washington,
United States, another state, any agency, corporation or
political subdivision of the United States or any state,
Canada, or any private corporation or individual for the
purposes of this chapter;
(9) Accept funds or property by loan, grant, gift or
otherwise from the United States, the state of Washington,
or any other public or private source;
(10) Remove debris, logs, or other material which may
impede the orderly flow of waters in streams or water
courses: PROVIDED, That such material shall become
property of the zone and may be sold for the purpose of
recovering the cost of removal: PROVIDED FURTHER,
That valuable material or minerals removed from public
lands shall remain the property of the state. [1983 c 315 §
13; 1961 c 153 § 8.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.090 Extraterritorial powers. A zone may,
when necessary to protect life and property within its limits
from flood water, exercise any of its powers specified in
RCW 86.15.080 outside its territorial limits. [1961 c 153 §
9.]
86.15.095 Zones constitute quasi municipal corporation—Constitutional and statutory powers. A flood
control zone district is a quasi municipal corporation, an
independent taxing "authority" within the meaning of Article
(2002 Ed.)
Flood Control Zone Districts
VII, section 1 of the state Constitution, and a "taxing
district" within the meaning of Article VII, section 2 of the
state Constitution.
A flood control zone district constitutes a body corporate and possesses all the usual powers of a corporation for
public purposes as well as all other powers that may now or
hereafter be specifically conferred by statute, including, but
not limited to, the authority to hire employees, staff, and services, to enter into contracts, and to sue and be sued. [1983
c 315 § 6.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.100 Flood control or storm water control
improvements—Authorization. The supervisors may
authorize the construction, extension, enlargement, or
acquisition of necessary flood control or storm water control
improvements within the zone or any participating zones.
The improvements may include, but shall not be limited to
the extension, enlargement, construction, or acquisition of
dikes and levees, drain and drainage systems, dams and
reservoirs, or other flood control or storm water control
improvements; widening, straightening, or relocating of
stream or water courses; and the acquisition, extension,
enlargement, or construction of any works necessary for the
protection of stream and water courses, channels, harbors,
life, and property. [1983 c 315 § 14; 1961 c 153 § 10.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.110 Flood control or storm water control
improvements—Initiation—Comprehensive plan. Flood
control or storm water control improvements may be
extended, enlarged, acquired, or constructed by a zone
pursuant to a resolution adopted by the supervisors. The
resolution shall specify:
(1) Whether the improvement is to be extended, enlarged, acquired, or constructed;
(2) That either:
(a) A comprehensive plan of development for flood
control has been prepared for the stream or water course
upon which the improvement will be enlarged, extended,
acquired, or constructed, and that the improvement generally
contributes to the objectives of the comprehensive plan of
development: PROVIDED, That the plan shall be first
submitted to the state department of ecology at least ninety
days in advance of the beginning of any flood control project
or improvement; and shall be subject to all the regulatory
control provisions by the department of ecology as provided
in chapter 86.16 RCW; or
(b) A comprehensive plan of development for storm
water control has been prepared for the area that will be
served by the proposed storm water control facilities;
(3) If the improvement is to be constructed, that
preliminary engineering studies and plans have been made,
and that the plans and studies are on file with the county
engineer;
(4) The estimated cost of the acquisition or construction
of the improvement, together with such supporting data as
will reasonably show how the estimates were arrived at; and
(5) That the improvement will benefit:
(a) Two or more zones, hereinafter referred to as
participating zones; or
(2002 Ed.)
86.15.095
(b) A single zone; or
(c) The county as a whole, as well as a zone or participating zones. [1983 c 315 § 15; 1961 c 153 § 11.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.120 Flood control or storm water control
improvements—Hearing, notice. Before finally adopting
a resolution to undertake any flood control improvement or
storm water control improvement, the supervisors shall hold
a hearing thereon. Notice and publication of the hearing
shall be given under RCW 36.32.120(7). The supervisors
may conduct any such hearing concurrently with a hearing
on the establishment of a flood control zone, and may in
such case designate the proposed zone a beneficiary of any
improvement. [1983 c 315 § 16; 1961 c 153 § 12.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.130 Zone treasurer—Funds. The treasurer of
each zone shall be the county treasurer. He shall establish
within his office a zone flood control fund for each zone into
which shall be deposited the proceeds of all tax levies,
assessments, gifts, grants, loans, or other revenues which
may become available to a zone.
The treasurer shall also establish the following accounts
within the zone fund:
(1) For each flood control improvement financed by a
bond issue, an account to which shall be deposited the
proceeds of any such bond issue; and
(2) An account for each outstanding bond issue to which
will be deposited any revenues collected for the retirement
of such outstanding bonds or for the payment of interest or
charges thereon; and
(3) A general account to which all other receipts of the
zone shall be deposited. [1961 c 153 § 13.]
86.15.140 Budget. The supervisors shall annually at
the same time county budgets are prepared adopt a budget
for the zone, which budget shall be divided into the following appropriation items: (1) Overhead and administration;
(2) maintenance and operation; (3) construction and improvements; and (4) bond retirement and interest. In preparing the
budget, the supervisors shall show the total amount to be
expended in each appropriation item and the proportionate
share of each appropriation item to be paid from each
account of the zone.
In preparing the annual budget, the supervisors shall
under the appropriation item of construction and improvement list each flood control improvement or storm water
control improvement and the estimated expenditure to be
made for each during the ensuing year. The supervisors may
at any time during the year, if additional funds become
available to the zone, adopt a supplemental budget covering
additional authorized improvements.
The zone budget or any supplemental budget shall be
approved only after a public hearing, notice of which shall
be given as provided by RCW 36.32.120(7). [1983 c 315 §
17; 1961 c 153 § 14.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.150 County aid. Whenever the supervisors
have found under the provisions of RCW 86.15.110 that a
[Title 86 RCW—page 27]
86.15.150
Title 86 RCW: Flood Control
flood control improvement or storm water control improvement initiated by any zone will be of benefit to the county
as a whole, as well as to the zone or participating zones; or
whenever the supervisors have found that the maintenance
and operation of any flood control improvement or storm
water control improvement within any zone will be of
benefit to the overall flood control program or storm water
control program of the county, the board may authorize the
transfer of any funds available to the county for flood
control or storm water control purposes to any zone or
participating zones for flood control or storm water control
purposes. [1983 c 315 § 18; 1961 c 153 § 15.]
86.15.162 Delinquent assessment—Sale of parcel—
Accrual of interest. If the delinquent assessment remains
unpaid on the date fixed for the sale under RCW 86.09.496
and 86.09.499, the parcel shall be sold in the same manner
as provided under *RCW 87.03.310 through 87.03.330. If
the district reconveys the land under *RCW 87.03.325 due
to accident, inadvertence, or misfortune, however, interest
shall accrue not at the rate provided in RCW 87.03.270, but
at the rate provided in RCW 86.09.505. [1983 c 315 § 7.]
*Reviser’s note: RCW 87.03.310 through 87.03.330 were repealed
by 1988 c 134 § 15. Later enactment, see chapter 87.06 RCW.
Severability—1983 c 315: See note following RCW 90.03.500.
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.160 Excess levies, assessments, regular levies,
and charges—Local improvement districts. For the
purposes of this chapter the supervisors may authorize:
(1) An annual excess ad valorem tax levy within any
zone or participating zones when authorized by the voters of
the zone or participating zones under RCW 84.52.052 and
84.52.054;
(2) An assessment upon property, including state
property, specially benefited by flood control improvements
or storm water control improvements imposed under chapter
86.09 RCW;
(3) Within any zone or participating zones an annual ad
valorem property tax levy of not to exceed fifty cents per
thousand dollars of assessed value when the levy will not
take dollar rates that other taxing districts may lawfully
claim and that will not cause the combined levies to exceed
the constitutional and/or statutory limitations, and the
additional levy, or any portion thereof, may also be made
when dollar rates of other taxing units is released therefor by
agreement with the other taxing units from their authorized
levies;
(4) A charge, under RCW 36.89.080, for the furnishing
of service to those who are receiving or will receive benefits
from storm water control facilities and who are contributing
to an increase in surface water runoff. Except as otherwise
provided in RCW 90.03.525, any public entity and public
property, including the state and state property, shall be
liable for the charges to the same extent a private person and
privately owned property is liable for the charges, and in
setting these rates and charges, consideration may be made
of in-kind services, such as stream improvements or donation
of property;
(5) The creation of local improvement districts and
utility local improvement districts, the issuance of improvement district bonds and warrants, and the imposition,
collection, and enforcement of special assessments on all
property, including any state-owned or other publicly-owned
property, specially benefited from improvements in the same
manner as provided for counties by chapter 36.94 RCW.
[1986 c 278 § 60; 1983 c 315 § 19; 1973 1st ex.s. c 195 §
131; 1961 c 153 § 16.]
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
Rates and charges for storm water control facilities—Limitations—
Definitions: RCW 90.03.500 through 90.03.525. See also RCW
35.67.025, 35.92.021, 36.89.085, and 36.94.145.
[Title 86 RCW—page 28]
86.15.165 Voluntary assessments for flood control
or storm water control improvements—Procedure—
Disposition of proceeds—Use. The supervisors may
provide by resolution for levying voluntary assessments,
under a mode of annual installments extending over a period
not exceeding fifteen years, on property benefited from a
flood control improvement or storm water control improvement. The voluntary assessment shall be imposed only after
each owner of property benefited by the flood control
improvement has agreed to the assessment by written
agreement with the supervisors. The agreement shall be
recorded with the county auditor and the obligations under
the agreement shall be binding upon all heirs and all
successors in interest of the property.
The voluntary assessments need not be uniform or
directly related to benefits to the property from the flood
control improvement or storm water control improvement.
The levying, collection, and enforcement authorized in
this section shall be in the manner now and hereafter
provided by law for the levying, collection, and enforcement
of local improvement assessments by cities and towns,
insofar as those provisions are not inconsistent with the
provisions of this chapter.
The disposition of all proceeds from voluntary assessments shall be in accordance with RCW 86.15.130.
The proceeds from voluntary assessments may be used
for any flood control improvement or storm water control
improvement not inconsistent with the provisions of this
chapter, and in addition the proceeds may be used for
operation and maintenance of flood control improvements or
storm water control improvements constructed under the
authority of this chapter. [1983 c 315 § 20; 1969 ex.s. c 195
§ 3.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.170 General obligation bonds. The supervisors
may authorize the issuance of general obligation bonds to
finance any flood control improvement or storm water
control improvement and provide for the retirement of the
bonds with ad valorem property tax levies. The general
obligation bonds may be issued and the bond retirement
levies imposed only when the voters of the flood control
zone district approve a ballot proposition authorizing both
the bond issuance and imposition of the excess bond retirement levies pursuant to Article VIII, section 6 and Article
VII, section 2(b) of the state Constitution and RCW
84.52.056. Elections shall be held as provided in RCW
39.36.050. The bonds shall be issued on behalf of the zone
(2002 Ed.)
Flood Control Zone Districts
or participating zones and be approved by the voters of the
zone or participating zones when the improvement has by
the resolution, provided in RCW 86.15.110, been found to be
of benefit to a zone or participating zones. The bonds may
not exceed an amount, together with any outstanding general
obligation indebtedness, equal to three-fourths of one percent
of the value of taxable property within the zone or participating zones, as the term "value of the taxable property" is
defined in RCW 39.36.015. The bonds shall be issued and
sold in accordance with chapter 39.46 RCW. [1984 c 186
§ 62. Prior: 1983 c 315 § 21; 1983 c 167 § 211; 1961 c
153 § 17.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—1983 c 315: See note following RCW 90.03.500.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
86.15.175 Community revitalization financing—
Public improvements. In addition to other authority that a
flood control zone district possesses, a flood control zone
district may provide any public improvement as defined
under RCW 39.89.020, but this additional authority is limited
to participating in the financing of the public improvements
as provided under RCW 39.89.050.
This section does not limit the authority of a flood
control zone district to otherwise participate in the public
improvements if that authority exists elsewhere. [2001 c 212
§ 23.]
Severability—2001 c 212: See RCW 39.89.902.
86.15.176 Service charges authorized—Disposition
of revenue. The supervisors may provide by resolution for
revenues by fixing rates and charges for the furnishing of
service to those served or receiving benefits from a flood
control improvement including public entities, except as
otherwise provided in RCW 90.03.525. The service charge
shall be uniform for the same class of benefits or service.
In classifying services furnished or benefits received the
board may in its discretion consider the character and use of
land and its water runoff characteristics and any other
matters that present a reasonable difference as a ground for
distinction. Service charges shall be applicable to a zone or
participating zones. The disposition of all revenue from
service charges shall be in accordance with RCW 86.15.130.
[1986 c 278 § 61; 1983 c 315 § 22; 1967 ex.s. c 136 § 7.]
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.178 Revenue bonds—Lien for delinquent
service charges. (1) The supervisors may authorize the
issuance of revenue bonds to finance any flood control
improvement or storm water control improvement. The
bonds may be issued by the supervisors in the same manner
as prescribed in RCW 36.67.510 through 36.67.570 pertaining to counties. The bonds shall be issued on behalf of
the zone or participating zones when the improvement has
by the resolution, provided in RCW 86.15.110, been found
to be of benefit to a zone or participating zones. The bonds
may be in any form, including bearer bonds or registered
bonds.
(2002 Ed.)
86.15.170
Each revenue bond shall state on its face that it is
payable from a special fund, naming the fund and the
resolution creating the fund.
Revenue bond principal, interest, and all other related
necessary expenses shall be payable only out of the appropriate special fund.
A zone or participating zones shall have a lien for
delinquent service charges, including interest thereon, against
the premises benefited by a flood control improvement or
storm water control improvement, which lien shall be
superior to all other liens and encumbrances except general
taxes and local and special assessments. The lien shall be
effective and shall be enforced and foreclosed in the same
manner as provided for sewerage liens of cities and towns by
RCW 35.67.200 through 35.67.290.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1991 c 322 § 10. Prior: 1983 c 315 § 23;
1983 c 167 § 212; 1967 ex.s. c 136 § 8.]
Findings—Intent—Purpose—1991 c 322: See notes following RCW
86.12.200.
Severability—1983 c 315: See note following RCW 90.03.500.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
86.15.180 Protection of public property. Any
agency or department of the state of Washington, or any
political subdivision or municipal corporation of the state
may contribute funds to the county or any zone or zones to
assist the county, zone or zones in carrying out the purposes
of this chapter when such agency, department, subdivision or
municipal corporation finds such action will materially
contribute to the protection of publicly owned property under
its jurisdiction. [1961 c 153 § 18.]
86.15.190 Abatement of nuisances. The supervisors
may order, on behalf of the zone or participating zones, that
an action be brought in the superior court of the county to
require the removal of publicly or privately owned structures, improvements, facilities, or accumulations of debris or
materials that materially contribute to the dangers of loss of
life or property from flood waters. Where the structures,
improvements, facilities, or accumulations of debris or
materials are found to endanger the public health or safety
the court shall declare them a public nuisance, and forthwith
order their abatement. If the abatement is not completed
within the time ordered by the court, the county may abate
the nuisance and charge the cost of the action against the
land upon which the nuisance is located, and the payment of
the charge may be enforced and collected in the same
manner at the same time as county property taxes. [1983 c
315 § 24; 1961 c 153 § 19.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.200 Flood control zones—Consolidation,
abolishment. The board may consolidate any two or more
zones or abolish any zone pursuant to a resolution adopted
by the board providing for such action. Before adopting
such a resolution, the board shall conduct a public hearing
notice of which shall be given as provided by RCW
36.32.120(7). Any indebtedness of any zone or zones which
[Title 86 RCW—page 29]
86.15.200
Title 86 RCW: Flood Control
are abolished or consolidated shall not be impaired by their
abolishment or consolidation, and the board shall continue to
levy and collect all necessary taxes and assessments until
such debts are retired. Whenever twenty-five percent of the
electors of any zone file a petition, meeting the requirements
of sufficiency set forth in RCW 86.15.020, asking that a
zone be abolished, the board shall: (1) Adopt a resolution
abolishing the zone or (2) at the next general election place
a proposition on the ballot calling for a yes or no vote on the
abolition of the zone. [1961 c 153 § 20.]
86.15.210 Transfer of property. A diking, drainage,
or sewerage improvement district, flood control district,
diking district, drainage district, intercounty diking and
drainage district, or zone may convey title to any property
improvements or assets of the districts or zone to the county
or a zone for flood control purposes. If the property
improvements or assets are surplus to the needs of the
district or zone the transfer may be made by private negotiations, but in all other cases the transfers are subject to the
approval of a majority of the registered voters within the
district or zone. Nothing in this section permits any district
or zone to impair the obligations of any debt or contract of
the district or zone. [1983 c 315 § 25; 1961 c 153 § 21.]
Severability—1983 c 315: See note following RCW 90.03.500.
86.15.220 Planning of improvements. Nothing in
this chapter shall be construed as limiting the right of
counties under the provisions of chapters 86.12 and 86.13
RCW to undertake the planning or engineering studies
necessary for flood control improvements or financing the
same from any funds available for such purposes. [1961 c
153 § 22.]
86.15.230 Public necessity of chapter. This chapter
is hereby declared to be necessary for the public health,
safety, and welfare and that the taxes and special assessments authorized hereby are found to be for a public
purpose. [1961 c 153 § 23.]
86.15.900 Severability—Construction—1961 c 153.
If any provision of this chapter, as now or hereafter amended, or its application to any person or circumstance is held
invalid, the remainder of the chapter, and its application to
other persons or circumstances shall not be affected. [1961
c 153 § 24.]
86.15.910 Construction of chapter. This chapter
shall be complete authority for the accomplishment of
purposes hereby authorized, and shall be liberally construed
to accomplish its purposes. Any restrictions, limitations or
regulations contained shall not apply to this chapter. Any
act inconsistent herewith shall be deemed modified to
conform with the provisions of this chapter for the purpose
of this chapter only. [1961 c 153 § 25.]
86.15.920 Titles not part of the chapter. The section
titles shall not be considered a part of this chapter. [1961 c
153 § 26.]
[Title 86 RCW—page 30]
Chapter 86.16
FLOOD PLAIN MANAGEMENT
(Formerly: Flood control zones by state)
Sections
86.16.010
86.16.020
86.16.025
86.16.031
86.16.035
86.16.041
86.16.045
86.16.051
86.16.061
86.16.071
86.16.081
86.16.110
86.16.120
86.16.130
86.16.150
86.16.160
86.16.180
86.16.190
86.16.900
Statement of policy—State control assumed.
Flood plain management regulation.
Authority of department.
Duties of the department of ecology.
Department of ecology—Control of dams and obstructions.
Flood plain management ordinances and amendments—
Filing with the department of ecology—Disapproval by
the department—Adoption of rules for repair or replacement of existing residential structures.
Adoption of ordinances or requirements that exceed minimum federal requirements.
Basis for state and local flood plain management.
Adoption of rules.
Chapter not to create liability for damages against the state.
Enforcement of chapter—Civil penalty—Review by pollution control hearings board or local legislative authority.
Appeals.
Flood damages defined.
Supervisor’s other powers and duties unaffected by chapter.
Severability—1935 c 159.
Local programs not prevented.
Processing of permits and authorizations for emergency
water withdrawal and facilities to be expedited.
Livestock flood sanctuary areas.
Chapter liberally construed.
86.16.010 Statement of policy—State control
assumed. The legislature finds that the alleviation of
recurring flood damages to public and private property and
to the public health and safety is a matter of public concern.
As an aid in effecting such alleviation the state of Washington, in the exercise of its sovereign and police powers,
hereby assumes full regulatory control over the navigable
and nonnavigable waters flowing or lying within the borders
of the state subject always to the federal control of navigation, to the extent necessary to accomplish the objects of this
chapter. In addition, in an effort to alleviate flood damage
and expenditures of government funds, the federal government adopted the national flood insurance act of 1968 and
subsequently the flood disaster protection act of 1973. The
department of ecology is the state agency in Washington
responsible for coordinating the flood plain management
regulation elements aspects of the national flood insurance
program. [1987 c 523 § 1; 1935 c 159 § 1; RRS §
9663A-1.]
86.16.020 Flood plain management regulation.
Statewide flood plain management regulation shall be
exercised through: (1) Local governments’ administration of
the national flood insurance program regulation requirements,
(2) the establishment of minimum state requirements for
flood plain management that equal the minimum federal
requirements for the national flood insurance program, and
(3) the issuance of regulatory orders. This regulation shall
be exercised over the planning, construction, operation and
maintenance of any works, structures and improvements,
private or public, which might, if improperly planned,
constructed, operated and maintained, adversely influence the
regimen of a stream or body of water or might adversely
affect the security of life, health and property against
damage by flood water. [1989 c 64 § 1; 1987 c 523 § 2;
(2002 Ed.)
Flood Plain Management
1935 c 159 § 3; RRS § 9663A-3. FORMER PART OF
SECTION: 1939 c 85 § 1 now codified as RCW 86.16.025
and 86.16.027.]
Appeal of orders under RCW 86.16.020: RCW 43.21B.310.
86.16.025 Authority of department. Subject to RCW
43.21A.068, with respect to such features as may affect
flood conditions, the department shall have authority to
examine, approve or reject designs and plans for any
structure or works, public or private, to be erected or built or
to be reconstructed or modified upon the banks or in or over
the channel or over and across the floodway of any stream
or body of water in this state. [1995 c 8 § 4; 1989 c 64 §
2; 1987 c 109 § 50; 1939 c 85 § 1; 1935 c 159 § 6; RRS §
9663A-6. Formerly RCW 86.16.020, part.]
Findings—1995 c 8: See note following RCW 43.21A.064.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
86.16.031 Duties of the department of ecology. The
department of ecology shall:
(1) Review and approve county, city, or town flood
plain management ordinances pursuant to RCW 86.16.041;
(2) When requested, provide guidance and assistance to
local governments in development and amendment of their
flood plain management ordinances;
(3) Provide technical assistance to local governments in
the administration of their flood plain management ordinances;
(4) Provide local governments and the general public
with information related to the national flood insurance
program;
(5) When requested, provide assistance to local governments in enforcement actions against any individual or
individuals performing activities within the flood plain that
are not in compliance with local, state, or federal flood plain
management requirements;
(6) Establish minimum state requirements that equal
minimum federal requirements for the national flood insurance program;
(7) Assist counties, cities, and towns in identifying the
location of the one hundred year flood plain, and petitioning
the federal government to alter its designations of where the
one hundred year flood plain is located if the federally
recognized location of the one hundred year flood plain is
found to be inaccurate; and
(8) Establish minimum state requirements for specific
flood plains that exceed the minimum federal requirements
for the national flood insurance program, but only if: (a)
The location of the one hundred year flood plain has been
reexamined and is certified by the department as being
accurate; (b) negotiations have been held with the affected
county, city, or town over these regulations; (c) public input
from the affected community has been obtained; and (d) the
department makes a finding that these increased requirements
are necessary due to local circumstances and general public
safety. [1989 c 64 § 3; 1987 c 523 § 3.]
86.16.035 Department of ecology—Control of dams
and obstructions. Subject to RCW 43.21A.068, the
department of ecology shall have supervision and control
(2002 Ed.)
86.16.020
over all dams and obstructions in streams, and may make
reasonable regulations with respect thereto concerning the
flow of water which he deems necessary for the protection
to life and property below such works from flood waters.
[1995 c 8 § 5. Prior: 1987 c 523 § 9; 1987 c 109 § 53;
1935 c 159 § 8; RRS § 9663A-8. Formerly RCW
86.16.030, part.]
Findings—1995 c 8: See note following RCW 43.21A.064.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
86.16.041 Flood plain management ordinances and
amendments—Filing with the department of ecology—
Disapproval by the department—Adoption of rules for
repair or replacement of existing residential structures.
(1) Beginning July 26, 1987, every county and incorporated
city and town shall submit to the department of ecology any
new flood plain management ordinance or amendment to any
existing flood plain management ordinance. Such ordinance
or amendment shall take effect thirty days from filing with
the department unless the department disapproves such
ordinance or amendment within that time period.
(2) The department may disapprove any ordinance or
amendment submitted to it under subsection (1) of this
section if it finds that an ordinance or amendment does not
comply with any of the following:
(a) Restriction of land uses within designated floodways
including the prohibition of construction or reconstruction,
repair, or replacement of residential structures, except for:
(i) Repairs, reconstruction, or improvements to a structure
which do not increase the ground floor area; and (ii) repairs,
reconstruction, or improvements to a structure the cost of
which does not exceed fifty percent of the market value of
the structure either, (A) before the repair, reconstruction, or
repair is started, or (B) if the structure has been damaged,
and is being restored, before the damage occurred. Any
project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code
specifications that have been identified by the local code or
building enforcement official and which are the minimum
necessary to ensure safe living conditions shall not be
included in the fifty percent determination. However, the
floodway prohibition in this subsection does not apply to
existing farmhouses in designated floodways that meet the
provisions of subsection (3) of this section, or to substantially damaged residential structures other than farmhouses that
meet the depth and velocity and erosion analysis in subsection (4) of this section, or to structures identified as historic
places;
(b) The minimum requirements of the national flood
insurance program; and
(c) The minimum state requirements adopted pursuant
to RCW 86.16.031(8) that are applicable to the particular
county, city, or town.
(3) Repairs, reconstruction, replacement, or improvements to existing farmhouse structures located in designated
floodways and which are located on lands designated as
agricultural lands of long-term commercial significance
under RCW 36.70A.170 shall be permitted subject to the
following:
[Title 86 RCW—page 31]
86.16.041
Title 86 RCW: Flood Control
(a) The new farmhouse is a replacement for an existing
farmhouse on the same farm site;
(b) There is no potential building site for a replacement
farmhouse on the same farm outside the designated floodway;
(c) Repairs, reconstruction, or improvements to a
farmhouse shall not increase the total square footage of
encroachment of the existing farmhouse;
(d) A replacement farmhouse shall not exceed the total
square footage of encroachment of the farmhouse it is
replacing;
(e) A farmhouse being replaced shall be removed, in its
entirety, including foundation, from the floodway within
ninety days after occupancy of a new farmhouse;
(f) For substantial improvements, and replacement
farmhouses, the elevation of the lowest floor of the improvement and farmhouse respectively, including basement, is a
minimum of one foot higher than the base flood elevation;
(g) New and replacement water supply systems are
designed to eliminate or minimize infiltration of flood waters
into the system;
(h) New and replacement sanitary sewerage systems are
designed and located to eliminate or minimize infiltration of
flood water into the system and discharge from the system
into the flood waters; and
(i) All other utilities and connections to public utilities
are designed, constructed, and located to eliminate or
minimize flood damage.
(4) For all substantially damaged residential structures
other than farmhouses that are located in a designated
floodway, the department, at the request of the town, city, or
county with land use authority over the structure, is authorized to assess the risk of harm to life and property posed by
the specific conditions of the floodway, and, based upon
scientific analysis of depth, velocity, and flood-related
erosion, may exercise best professional judgment in recommending to the permitting authority, repair, replacement,
or relocation of such damaged structures. The effect of the
department’s recommendation, with the town, city, or
county’s concurrence, to allow repair or replacement of a
substantially damaged residential structure within the
designated floodway is a waiver of the floodway prohibition.
(5) The department shall develop a rule or rule amendment guiding the assessment procedures and criteria described in subsections (3) and (4) of this section no later
than December 31, 2000.
(6) For the purposes of this section, "farmhouse" means
a single-family dwelling located on a farm site where
resulting agricultural products are not produced for the
primary consumption or use by the occupants and the farm
owner. [2000 c 222 § 1; 1999 c 9 § 1; 1989 c 64 § 4; 1987
c 523 § 4.]
following the procedures provided in RCW 86.16.031(8).
[1989 c 64 § 6.]
Effective date—1999 c 9: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 15, 1999]." [1999 c 9 § 2.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
86.16.045 Adoption of ordinances or requirements
that exceed minimum federal requirements. A county,
city, or town may adopt flood plain management ordinances
or requirements that exceed the minimum federal requirements of the national flood insurance program without
86.16.110 Appeals. Any person, association, or
corporation, public, municipal, or private, feeling aggrieved
at any order, decision, or determination of the department or
director pursuant to this chapter, affecting his or her interest,
may have the same reviewed pursuant to RCW 43.21B.310.
[Title 86 RCW—page 32]
86.16.051 Basis for state and local flood plain
management. The basis for state and local flood plain
management regulation shall be the areas designated as
special flood hazard areas on the most recent maps provided
by the federal emergency management agency for the
national flood insurance program. Best available information
shall be used if these maps are not available or sufficient.
[1987 c 523 § 5.]
86.16.061 Adoption of rules. The department of
ecology after consultation with the public shall adopt such
rules as are necessary to implement this chapter. [1989 c 64
§ 5; 1987 c 523 § 6.]
86.16.071 Chapter not to create liability for damages against the state. The exercise by the state of the
authority, duties, and responsibilities as provided in this
chapter shall not imply or create any liability for any damages against the state. [1987 c 523 § 7.]
86.16.081 Enforcement of chapter—Civil penalty—
Review by pollution control hearings board or local
legislative authority. (1) Except as provided in RCW
43.05.060 through 43.05.080 and 43.05.150, the attorney
general or the attorney for the local government shall bring
such injunctive, declaratory, or other actions as are necessary
to ensure compliance with this chapter.
(2) Any person who fails to comply with this chapter
shall also be subject to a civil penalty not to exceed one
thousand dollars for each violation. Each violation or each
day of noncompliance shall constitute a separate violation.
(3) The penalty provided for in this section shall be
imposed by a notice in writing, either by certified mail with
return receipt requested or by personal service, to the person
incurring the same from the department or local government,
describing the violation with reasonable particularity and
ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring
necessary corrective action to be taken within a specific and
reasonable time.
(4) Any penalty imposed pursuant to this section by the
department shall be subject to review by the pollution
control hearings board. Any penalty imposed pursuant to
this section by local government shall be subject to review
by the local government legislative authority. Any penalty
jointly imposed by the department and local government
shall be appealed to the pollution control hearings board.
[1995 c 403 § 634; 1987 c 523 § 8.]
(2002 Ed.)
Flood Plain Management
[1991 c 322 § 11. Prior: (Repealed by 1987 c 523 § 12);
1987 c 109 § 23; 1935 c 159 § 17; RRS § 9663A-17.]
Reviser’s note: This section was repealed by 1987 c 523 § 12
without cognizance of its amendment by 1987 c 109 § 23, and was
subsequently reenacted by 1991 c 322 § 11.
Findings—Intent—Purpose—1991 c 322: See notes following RCW
86.12.200.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
86.16.120 Flood damages defined. Damages within
the meaning of this chapter shall include harmful inundation,
water erosion of soil, stream banks and beds, stream channel
shifting and changes, harmful deposition by water of eroded
and shifting soils and debris upon property or in the beds of
streams or other bodies of water, damages by high water to
public roads, highways, bridges, utilities and to works built
for protection against floods or inundation, the interruption
by floods of travel, communication and commerce, and all
other high water influences and results which injuriously affect the public health and the safety of property. [1935 c
159 § 2; RRS § 9663A-2.]
86.16.130 Supervisor’s other powers and duties
unaffected by chapter.
Reviser’s note: RCW 86.16.130 was amended by 1987 c 109 § 61
without reference to its repeal by 1987 c 523 § 12. It has been decodified
for publication purposes pursuant to RCW 1.12.025.
86.16.150 Severability—1935 c 159. If any section
or provisions of this chapter shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole or any section, provision
or part thereof not adjudged to be invalid or unconstitutional.
[1935 c 159 § 20; RRS § 9663A-20.]
86.16.160 Local programs not prevented. Nothing
in this chapter shall prevent any county, city or town from
establishing, pursuant to any authority otherwise available to
them, flood control regulation programs and related land use
control measures in areas which are subject to flooding or
flood damages. [1973 c 75 § 2.]
86.16.180 Processing of permits and authorizations
for emergency water withdrawal and facilities to be
expedited. All state and local agencies with authority under
this chapter to issue permits or other authorizations in
connection with emergency water withdrawals and facilities
authorized under RCW 43.83B.410 shall expedite the
processing of such permits or authorizations in keeping with
the emergency nature of such requests and shall provide a
decision to the applicant within fifteen calendar days of the
date of application. [1989 c 171 § 9; 1987 c 343 § 7.]
Severability—1989 c 171: See note following RCW 43.83B.400.
Severability—1987 c 343: See note following RCW 43.83B.300.
86.16.190 Livestock flood sanctuary areas. Local
governments that have adopted flood plain management
regulations pursuant to this chapter shall include provisions
that allow for the establishment of livestock flood sanctuary
areas at a convenient location within a farming unit that
(2002 Ed.)
86.16.110
contains domestic livestock. Local governments may limit
the size and configuration of the livestock flood sanctuary
areas, but such limitation shall provide adequate space for
the expected number of livestock on the farming unit and
shall be at an adequate elevation to protect livestock.
Modification to flood plain management regulations required
pursuant to this section shall be within the minimum federal
requirements necessary to maintain coverage under the
national flood insurance program. [1991 c 322 § 17.]
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
86.16.900 Chapter liberally construed. The provisions of this chapter and all proceedings thereunder shall be
liberally construed with a view to effect their object. [1935
c 159 § 19; RRS § 9663A-19.]
Chapter 86.18
FLOOD CONTROL CONTRIBUTIONS
Sections
86.18.010
86.18.030
86.18.900
86.18.910
Declaration of purpose.
Conditions and limitations on expenditures and contributions
from appropriations—Warrants.
Construction—1967 ex.s. c 136.
Severability—1967 ex.s. c 136.
86.18.010 Declaration of purpose. Economic
development and growth of the state is dependent on the
control of flood waters. The legislature declares, in the exercise of its sovereign and police powers, that the purpose of
this chapter is to provide for contributions of funds for
assisting political subdivisions of the state in the protection
of lands from inundation; the protection of public highways;
the control of storm drainage; the maintenance of stream
channels and water courses; and the protection of life and
property.
It is the intent of the legislature that funds be provided
to political subdivisions of the state to assist in the development of those flood control improvements and projects,
which cannot be reasonably and practicably financed through
the normal methods of financing available to such political
subdivisions. [1967 ex.s. c 136 § 1.]
86.18.030 Conditions and limitations on expenditures and contributions from appropriations—Warrants.
Funds shall be expended and contributions made to a political subdivision of the state from flood control appropriations
only after:
(1) The project for which the funds are to be used has
been approved by the department of ecology in accordance
with the regulatory provisions of chapter 86.16 RCW.
(2) Engineering studies and plans have been made and
filed with the county engineer of the county in which the
project is located, or the county engineers of all counties in
which the project is located, if it is located in more than one
county.
(3) The estimate of cost of acquisition of necessary
lands, rights of way and construction of the project or
improvements, together with adequate supporting data have
been completed and filed with the department of ecology.
[Title 86 RCW—page 33]
86.18.030
Title 86 RCW: Flood Control
(4) A comprehensive plan for the area involved has
been completed and filed with the department.
(5) The political subdivision desiring a contribution has
made an application for a contribution to the department
showing the estimated cost of the project and the requested
contribution.
(6) Federal funds are available for contribution for
payment of a portion of the cost of the project.
The director of ecology is authorized to determine when
these conditions have been met and to request the proper
warrant for the state’s contribution. Contributions to a
political subdivision for a specific project shall not exceed
fifty percent of the cost of acquisition of necessary lands and
rights of way, and construction of the project or works of
improvement. [1987 c 109 § 63; 1980 c 32 § 12; 1967 ex.s.
c 136 § 3.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
86.18.900 Construction—1967 ex.s. c 136. This
legislative proposal shall be complete authority for the
accomplishment of purposes hereby authorized, and shall be
liberally construed to accomplish its purposes. [1967 ex.s.
c 136 § 4.]
86.18.910 Severability—1967 ex.s. c 136. If any
provision of this chapter, or its application to any person or
circumstance is held invalid, the remainder of the chapter, or
the application of the provision to other persons or circumstances is not affected. [1967 ex.s. c 136 § 5.]
Chapter 86.24
FLOOD CONTROL BY STATE IN COOPERATION
WITH FEDERAL AGENCIES, ETC.
Sections
86.24.010
86.24.020
86.24.030
86.24.040
86.24.050
Declaration of policy.
Cooperation authorized.
Contracts authorized—Extent of participation.
Contracts between flood control districts and other governmental units.
State participation where state interest affected.
86.24.010 Declaration of policy. It is the purpose of
the state of Washington, in the exercise of its sovereign and
police powers, and in the interests of public welfare, to
establish a state policy for the control of floods to the extent
practicable and by economically feasible methods. [1935 c
163 § 1; RRS § 9662-1.]
86.24.020 Cooperation authorized. The department
of ecology, in cooperation with the corps of engineers of the
United States army, and any other agencies of the United
States, and in cooperation with any official, agency or institution of the state and any flood control district created
under the laws of the state, and any county, or any counties
acting jointly pursuant to RCW 86.13.010 through 86.13.090,
shall act for the state in the formulation of plans for the
control of floods in the several flood areas of the state, and
shall consider the extent to which the state should participate
therein with the United States and/or any flood control
[Title 86 RCW—page 34]
district, or county, or counties so acting jointly. In case of
federal participation, the plan of development and the surveys, plans and specifications for such flood control projects
shall be in accordance with the federal requirements therefor.
[1987 c 109 § 64; 1935 c 163 § 2; RRS § 9662-2.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
86.24.030 Contracts authorized—Extent of participation. The state director of ecology, when state funds shall
be available therefor, shall have authority on behalf of the
state to enter into contracts with the United States or any
agency thereof and/or with any such flood control district,
county, or counties so acting jointly, for flood control
purposes for any such flood control district, county or
counties so acting jointly, the amount of the state’s participation in any such contract to be such sum as may be appropriated therefor, or, in event of unallocated state appropriations
for flood control purposes, in such necessary sum as to any
such contract as he shall determine. [1988 c 127 § 39; 1935
c 163 § 4; RRS § 9662-4.]
86.24.040 Contracts between flood control districts
and other governmental units. In any case where the
boundaries of any flood control district shall embrace all or
any part of any county, city, town, diking, or drainage
district, subject to flood conditions, the governing authorities
thereof may contract with the directors of such flood control
district, with the written approval of the state director, for
the maintenance, repair, renewal and extension of any
existing flood control works of such county, city, town,
diking, or drainage district, situated within the flood control
district, and for the construction and maintenance of specific
flood control projects, for such term of years and for the
payment to such flood control district therefor of such annual
sums as in said contract specified. [1979 ex.s. c 30 § 19;
1935 c 163 § 6; RRS § 9662-6.]
86.24.050 State participation where state interest
affected. State participation in flood control projects shall
be in such as are affected with a state interest and to such
extent as the legislature may determine. [1935 c 163 § 3;
RRS § 9662-3.]
Chapter 86.26
STATE PARTICIPATION IN FLOOD
CONTROL MAINTENANCE
Sections
86.26.005
86.26.007
86.26.010
86.26.040
86.26.050
86.26.060
86.26.070
86.26.080
86.26.090
86.26.100
Declaration of purpose.
Flood control assistance account—Use.
Administration and enforcement.
Duties of local engineer—Approval of plans, etc., by department of ecology—Grants to prepare comprehensive
flood control management plan.
Projects in which state will participate—Allocation of funds.
Allocation of funds.
Flood control maintenance fund of municipal corporation—
Composition—Use.
Annual budget reports of municipal corporations—
Allocation of funds.
Scope of maintenance in which state will participate.
Agreement as to participation—Limit on amount.
(2002 Ed.)
State Participation in Flood Control Maintenance
86.26.105
Comprehensive flood control management plan—
Requirements—Time for completion.
86.26.005 Declaration of purpose. It is the purpose
of the state in the exercise of its sovereign and police powers
and in the interest of public welfare, to establish a state and
local participating flood control maintenance policy. [1951
c 240 § 2.]
86.26.007 Flood control assistance account—Use.
The flood control assistance account is hereby established in
the state treasury. At the beginning of the 1997-99 fiscal
biennium and each biennium thereafter the state treasurer
shall transfer four million dollars from the general fund to
the flood control assistance account. Moneys in the flood
control assistance account may be spent only after appropriation for purposes specified under this chapter or, during the
1997-99 fiscal biennium, for transfer to the disaster response
account. [1997 c 149 § 914; 1996 c 283 § 903; 1995 2nd
sp.s. c 18 § 915; 1993 sp.s. c 24 § 928; 1991 sp.s. c 13 §
24; 1986 c 46 § 1; 1985 c 57 § 88; 1984 c 212 § 1.]
Severability—Effective date—1997 c 149: See notes following
RCW 43.08.250.
Severability—Effective date—1996 c 283: See notes following
RCW 43.08.250.
Severability—Effective date—1995 2nd sp.s. c 18: See notes
following RCW 19.118.110.
Severability—Effective dates—1993 sp.s. c 24: See notes following
RCW 28A.165.070.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective date—1985 c 57: See note following RCW 18.04.105.
86.26.010 Administration and enforcement. The
department of ecology shall have charge for the state of the
administration and enforcement of all laws relating to flood
control. [1984 c 212 § 2; 1951 c 240 § 3.]
86.26.040 Duties of local engineer—Approval of
plans, etc., by department of ecology—Grants to prepare
comprehensive flood control management plan. Whenever state grants under this chapter are used in a flood control
maintenance project, the engineer of the county within which
the project is located shall approve all plans for the specific
project and shall supervise the work. The approval of such
plans, construction and expenditures by the department of
ecology, in consultation with the department of fish and
wildlife, shall be a condition precedent to state participation
in the cost of any project beyond planning and designing the
specific project.
Additionally, state grants may be made to counties for
preparation of a comprehensive flood control management
plan required to be prepared under RCW 86.26.050. [1994
c 264 § 77; 1988 c 36 § 63; 1986 c 46 § 2; 1984 c 212 § 3;
1951 c 240 § 6.]
86.26.050 Projects in which state will participate—
Allocation of funds. (1) State participation shall be in such
preparation of comprehensive flood control management
plans under this chapter and chapter 86.12 RCW, cost
sharing feasibility studies for new flood control projects,
projects pursuant to section 33, chapter 322, Laws of 1991,
(2002 Ed.)
Chapter 86.26
and flood control maintenance projects as are affected with
a general public and state interest, as differentiated from a
private interest, and as are likely to bring about public
benefits commensurate with the amount of state funds
allocated thereto.
(2) No participation for flood control maintenance
projects may occur with a county or other municipal corporation unless the director of ecology has approved the flood
plain management activities of the county, city, or town
having planning jurisdiction over the area where the flood
control maintenance project will be, on the one hundred year
flood plain surrounding such area.
The department of ecology shall adopt rules concerning
the flood plain management activities of a county, city, or
town that are adequate to protect or preclude flood damage
to structures, works, and improvements, including the
restriction of land uses within a river’s meander belt or
floodway to only flood-compatible uses. Whenever the
department has approved county, city, and town flood plain
management activities, as a condition of receiving an
allocation of funds under this chapter, each revision to the
flood plain management activities must be approved by the
department of ecology, in consultation with the department
of fish and wildlife.
No participation with a county or other municipal
corporation for flood control maintenance projects may occur
unless the county engineer of the county within which the
flood control maintenance project is located certifies that a
comprehensive flood control management plan has been
completed and adopted by the appropriate local authority, or
is being prepared for all portions of the river basin or other
area, within which the project is located in that county, that
are subject to flooding with a frequency of one hundred
years or less.
(3) Participation for flood control maintenance projects
and preparation of comprehensive flood control management
plans shall be made from grants made by the department of
ecology from the flood control assistance account. Comprehensive flood control management plans, and any revisions to the plans, must be approved by the department of
ecology, in consultation with the department of fish and
wildlife. The department may only grant financial assistance
to local governments that, in the opinion of the department,
are making good faith efforts to take advantage of, or
comply with, federal and state flood control programs.
[1994 c 264 § 78; 1991 c 322 § 6; 1988 c 36 § 64; 1986 c
46 § 3; 1985 c 454 § 1; 1984 c 212 § 4; 1951 c 240 § 7.]
Findings—Intent—Purpose—1991 c 322: See notes following RCW
86.12.200.
86.26.060 Allocation of funds. Grants for flood
control maintenance shall be so employed that as far as
possible, funds will be on hand to meet unusual, unforeseeable and emergent flood conditions. Allocations by the
department of ecology, for emergency purposes, shall in each
instance be in amounts which together with funds provided
by local authority, if any, under reasonable exercise of its
emergency powers, shall be adequate for the preservation of
life and property, and with due regard to similar needs
elsewhere in the state. [1984 c 212 § 5; 1951 c 240 § 8.]
[Title 86 RCW—page 35]
86.26.070
Title 86 RCW: Flood Control
86.26.070 Flood control maintenance fund of
municipal corporation—Composition—Use. Any municipal corporation subject to flood conditions, may establish in
its treasury a flood control maintenance fund. Such fund
may be maintained by transfer thereto of moneys derived
from regular or special lawful levies for flood control
purposes, moneys which may be lawfully transferred to it
from any other municipal fund; and gifts and contributions
received for flood control purposes. All costs and expenses
for flood control maintenance purposes shall be paid out of
said flood control maintenance fund, which fund shall not be
used for any other purpose. [1951 c 240 § 9.]
86.26.080 Annual budget reports of municipal
corporations—Allocation of funds. Any municipal
corporation intending to seek state participating funds shall,
within thirty days after final adoption of its annual budget
for flood control purposes, report the amount thereof, to the
engineer of the county within whose boundaries the municipal corporation lies. The county engineer shall submit such
reports, together with reports from the county itself, to the
department of ecology. On the basis of all such budget
reports received, the department may thereupon prepare a
tentative and preliminary plan for the orderly and most
beneficial allocation of funds from the flood control assistance account for the ensuing calendar year. Soil conservation districts shall be exempted from the provisions of
this section. [1984 c 212 § 6; 1951 c 240 § 10.]
86.26.090 Scope of maintenance in which state will
participate. The state shall participate with eligible local
authorities in maintaining and restoring the normal and
reasonably stable river and stream channel alignment and the
normal and reasonably stable river and stream channel
capacity for carrying off flood waters with a minimum of
damage from bank erosion or overflow of adjacent lands and
property; and in restoring, maintaining and repairing natural
conditions, works and structures for the maintenance of such
conditions. State participation in the repair of flood control
facilities may include the enhancement of such facilities.
The state shall likewise participate in the restoration and
maintenance of natural conditions, works or structures for
the protection of lands and other property from inundation or
other damage by the sea or other bodies of water. Funds
from the flood control assistance account shall not be
available for maintenance of works or structures maintained
solely for the detention or storage of flood waters. [1991 c
322 § 7; 1984 c 212 § 7; 1951 c 240 § 11.]
for cost sharing feasibility studies for new flood control projects shall not exceed fifty percent of the matching funds that
are required by the federal government, and shall not exceed
twenty-five percent of the total costs of the feasibility study.
However, grants to prepare a comprehensive flood control
management plan required under RCW 86.26.050 shall not
exceed seventy-five percent of the full planning costs, but
not to exceed amounts for either purpose specified in rule
and regulation by the department of ecology. [2000 c 20 §
1; 1991 c 322 § 8; 1986 c 46 § 4; 1984 c 212 § 8; 1951 c
240 § 12.]
Findings—Intent—Purpose—1991 c 322: See notes following RCW
86.12.200.
86.26.105 Comprehensive flood control management
plan—Requirements—Time for completion. A comprehensive flood control management plan shall determine the
need for flood control work, consider alternatives to instream flood control work, identify and consider potential
impacts of in-stream flood control work on the state’s instream resources, and identify the river’s meander belt or
floodway. A comprehensive flood control management plan
shall be completed and adopted within at least three years of
the certification that it is being prepared, as provided in
RCW 86.26.050.
If after this three-year period has elapsed such a
comprehensive flood control plan has not been completed
and adopted, grants for flood control maintenance projects
shall not be made to the county or municipal corporations in
the county until a comprehensive flood control plan is
completed and adopted by the appropriate local authority.
These limitations on grants shall not preclude allocations for
emergency purposes made pursuant to RCW 86.26.060.
[1986 c 46 § 5; 1984 c 212 § 9.]
Findings—Intent—Purpose—1991 c 322: See notes following RCW
86.12.200.
86.26.100 Agreement as to participation—Limit on
amount. State participation in the cost of any flood control
maintenance project shall be provided for by a written
memorandum agreement between the director of ecology and
the legislative authority of the county submitting the request,
which agreement, among other things, shall state the estimated cost and the percentage thereof to be borne by the state.
In no instance, except on emergency projects, shall the
state’s share exceed seventy-five percent of the total cost of
the project, to include project planning and design. Grants
[Title 86 RCW—page 36]
(2002 Ed.)
Title 87
IRRIGATION
Chapters
87.03
87.04
87.06
87.19
87.22
87.25
87.28
87.48
87.52
87.53
87.56
87.64
87.68
87.76
87.80
87.84
Irrigation districts generally.
Director divisions.
Delinquent assessments.
Refunding bonds—1923 act.
Refunding bonds—1929 act.
Certification of bonds.
Revenue bonds for water, power, drains, etc.
Indemnity to state on land settlement contracts.
Dissolution of districts without bonds.
Dissolution of districts with bonds.
Dissolution of insolvent districts.
Adjustment of irrigation, diking, and drainage district indebtedness.
Districts under contract with United States.
Association of irrigation districts.
Joint control of irrigation districts.
Irrigation and rehabilitation districts.
Assessments and charges against state lands: Chapter 79.44 RCW.
Conveyance of real property by public bodies—Recording: RCW
65.08.095.
County water and drainage systems, authority, procedure: Chapter 36.94
RCW.
Disincorporation of irrigation or reclamation districts located in counties
with a population of two hundred ten thousand or more and inactive
for five years: Chapter 57.90 RCW.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.90.150.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Chapter 87.03
IRRIGATION DISTRICTS GENERALLY
Sections
87.03.001
87.03.005
87.03.010
87.03.013
Actions subject to review by boundary review board.
District proposed—Powers, when organized.
Certain purposes for which district may be formed.
Development of hydroelectric generation capabilities—
Legislative finding, intent—Limitation.
87.03.015 Certain powers of district enumerated.
87.03.016 District may provide street lighting—Limitations.
87.03.017 District may assist residential owners in financing for conservation of energy—When—Plan—Limitations.
87.03.0175 District assistance for conservation, improvement, preservation, and efficient use.
87.03.018 Creation of legal authority to carry out powers—Method—
Indebtedness.
87.03.020 Organization of district—Petition—Bond—Notice—
Hearing—Order—Notice of election.
87.03.025 State lands situated in or taken into district—Procedure—
Assessments, collection.
87.03.030 Elections are governed by irrigation district laws.
(2002 Ed.)
87.03.031
87.03.032
87.03.033
87.03.034
87.03.035
87.03.040
87.03.045
87.03.051
87.03.071
87.03.075
87.03.080
87.03.081
87.03.082
87.03.083
87.03.085
87.03.090
87.03.095
87.03.100
87.03.105
87.03.110
87.03.115
87.03.120
87.03.125
87.03.130
87.03.135
87.03.136
87.03.137
87.03.138
87.03.139
87.03.140
87.03.145
87.03.150
87.03.155
87.03.158
87.03.160
87.03.162
87.03.164
87.03.165
87.03.170
87.03.175
87.03.180
87.03.185
87.03.190
87.03.195
Absentee voting—Certification of inconvenience.
Absentee voting—Notice of election, contents—Ballot and
form of certificate of qualifications to be furnished.
Absentee voting—Requirements for ballot to be counted—
Statement of qualifications—Form of ballot.
Absentee voting—How incoming ballots are handled—
Canvass—Statement of result of both regular and absentee ballots.
Elections to form district—How conducted.
Elections to form district—Canvass of returns—Order.
Qualifications of voters and directors—Districts of two hundred thousand acres.
Qualifications of voters and directors—Districts of less than
two hundred thousand acres.
Certain districts—Individual ownerships—Two votes.
Ballots in all elections—Declaration of candidacy—Petition
of nomination—When election not required.
Directors—Election—Terms—Increase and decrease.
Directors—Vacancies, how filled.
Directors—Oaths of office and official bonds—Secretary.
Directors—Recall and discharge.
Post-organization district elections—Election boards—
Notice.
Post-organization district elections—Election officers—
Voting hours.
Post-organization district elections—Counting votes—
Record of ballots.
Post-organization district elections—Certification of returns—Preservation for recount.
Post-organization district elections—Canvass.
Post-organization district elections—Statement of result of
election—Certificate of election.
Organization of board—Meetings—Quorum—Certain powers and duties.
System of drainage, sanitary sewers, or sewage disposal or
treatment plants—Question—Notice—Meeting—
Resolution.
System of drainage, sanitary sewers, or sewage disposal or
treatment plants—Powers upon passage of resolution.
District change of name.
Sale or lease of district personal property.
Sale or lease of district real property.
Purchase or condemnation for developing hydroelectric generation capabilities—Limitations.
Electrical utilities—Civil immunity of directors and employees for good faith mistakes and errors of judgment.
Lawful disposal of sewage and waste by others—Immunity.
Board’s powers and duties generally—Condemnation procedure.
Condemnation—Finding of benefits and damages—
Judgment—Costs.
Condemnation—Title acquired by district.
Conveyances—Actions by and against district.
Officers, employees, agents—Legal representation—Costs of
defense.
Group insurance—Purchase.
Liability insurance for officials and employees.
Liability insurance for officers and employees authorized.
Proposed works—Surveys, maps and plans to be prepared.
Proposed works—Certification filed with director of ecology.
Proposed works—Director’s findings to district board.
Proposed works—Substance of director’s findings.
Proposed works—Reclamation Service may make findings.
Proposed works—Plan of development—Special election.
Proposed works—Certain irrigation districts excepted.
[Title 87 RCW—page 1]
Chapter 87.03
87.03.200
87.03.205
87.03.210
87.03.215
87.03.220
87.03.225
87.03.230
87.03.235
87.03.240
87.03.242
87.03.245
87.03.250
87.03.255
87.03.260
87.03.265
87.03.270
87.03.271
87.03.272
87.03.275
87.03.277
87.03.280
87.03.285
87.03.290
87.03.295
87.03.300
87.03.305
87.03.420
87.03.430
87.03.435
87.03.436
87.03.437
87.03.438
87.03.440
87.03.441
87.03.442
87.03.443
87.03.445
87.03.450
87.03.455
87.03.460
87.03.470
87.03.475
87.03.480
87.03.485
87.03.486
87.03.487
87.03.490
87.03.495
87.03.500
87.03.505
Title 87 RCW: Irrigation
Bonds—Election for—Form and contents—Exchange—
Cancellation—Sale and issue—Reissue—Election concerning contract with United States—Penalty.
Sections exclusive of other bonding methods—Validation.
Sale or pledge of bonds.
Payment of bonds and interest, other indebtedness—Lien,
enforcement of—Scope of section.
Refunding bonds, 1923 act.
Refunding bonds, 1929 act.
Revenue bonds for water, power, drains, sewers, sewage
disposal, etc.
Rights of federal agencies as to certain district bonds.
Assessments, how and when made—Assessment roll.
Exemption of farm and agricultural land from special benefit
assessments.
Deputy secretaries for assessment.
Assessment roll to be filed—Notice of equalization.
Equalization of assessments.
Levies, amount—Special funds—Failure to make levy, procedure.
Lien of assessment.
Assessments, when delinquent—Assessment book, purpose—Statement of assessments due—Collection—
Additional fee for delinquency.
Lien for delinquent assessment to include costs and interest.
Secretary may act as collection agent of nondelinquent assessments—Official bond—Collection procedure—
Delinquency list.
Medium of payment of assessments.
Payment by credit cards, charge cards, and other electronic
communication.
Cancellation of assessments due United States—Procedure.
Segregation of assessment—Authorization.
Segregation of assessment—Hearing.
Segregation of assessment—Notice of hearing.
Segregation of assessment—Order.
Segregation of assessment—Amendment of roll—Effect.
Evidence of assessment, what is.
Bonds—Interest payments.
Construction work—Notice—Bids—Contracts—Bonds.
Small works roster.
Competitive bids—Use of purchase contract process in
RCW 39.04.190.
"County treasurer," "treasurer of the county," defined.
Treasurer—County treasurer as ex officio district treasurer—
Designated district treasurer—Duties and powers—
Bond—Claims—Preliminary notice requirements when
claim for crop damage.
Temporary funds.
Bonds of secretary and depositaries.
Upgrading and improvement fund authorized—Deposits—
Use of funds.
Acquisition, construction and operating funds—Tolls and
assessments, alternative methods of—Liens, foreclosure
of—Delinquencies by tenants.
Income from sale of electricity.
District’s right to cross other property.
Compensation and expenses of directors, officers, employees.
Special assessments—Election—Notes.
Power as to incurring indebtedness.
Local improvement districts—Petition—Bond.
Local improvement districts—Notice—Hearing—Initiation
by board, procedure.
Local improvement districts—Notice to contain statement
that assessments may vary from estimates.
Local improvement districts—Sanitary sewer or potable
water facilities—Notice to certain property owners.
Local improvement districts—Adoption of plan—Bonds—
Form and contents—Facsimile signatures, when, procedure—New lands may be included—Penalty.
Local improvement districts—Assessments, how made and
collected—Disposal of bonds.
Local improvement districts—Payment of bonds.
Local improvement districts—L.I.D. unable to pay costs—
Survey—Reassessments.
[Title 87 RCW—page 2]
87.03.510
87.03.515
87.03.520
87.03.522
87.03.525
87.03.526
87.03.527
87.03.530
87.03.535
87.03.540
87.03.545
87.03.550
87.03.551
87.03.553
87.03.555
87.03.560
87.03.565
87.03.570
87.03.575
87.03.580
87.03.585
87.03.590
87.03.595
87.03.600
87.03.605
87.03.610
87.03.615
87.03.620
87.03.625
87.03.630
87.03.635
87.03.640
87.03.645
87.03.650
87.03.655
87.03.660
87.03.665
87.03.670
87.03.675
87.03.680
87.03.685
87.03.690
87.03.695
Local improvement districts—Irrigation district L.I.D. guarantee fund.
Local improvement districts—Refunding bonds.
Local improvement districts—Contracts with state or United
States for local improvement work.
Irrigation district authorized to finance local improvements
with general district funds.
Local improvement districts—Provisions applicable to districts formerly organized.
Local improvement districts—Safeguarding open canals or
ditches—Assessments and benefits.
Local improvement districts—Alternative methods of formation.
Consolidation of irrigation districts—Authorization—Merger
of smaller irrigation districts.
Consolidation of irrigation districts—Proceedings for consolidation—Elections.
Consolidation of irrigation districts—Directors—Disposition
of affairs of included districts.
Consolidation of irrigation districts—Obligations of included
districts unaffected.
Consolidation of irrigation districts—Property vested in new
district—Credit.
Consolidation of irrigation districts—Procedures supplemental to boundary change provisions.
Consolidated local improvement districts for bond issuance.
Change of boundaries authorized—Effect.
Adding lands to district—Petition, contents—
Acknowledgment.
Adding lands to district—Notice—Contents—Service.
Adding lands to district—Hearing—Assent.
Adding lands to district—Payment for benefits received
required.
Adding lands to district—Order.
Adding lands to district—Resolution.
Adding lands to district—Election—Notice—How conducted.
Adding lands to district—Order changing boundaries—
Record.
Adding lands to district—Change of boundaries recorded—
Effect.
Adding lands to district—Petition to be recorded—
Admissible as evidence.
Adding lands to district—Guardian, administrator or executor may act.
Adding lands to districts of two hundred thousand acres—
Petition.
Adding lands to districts of two hundred thousand acres—
Time and place of hearing—Notice.
Adding lands to districts of two hundred thousand acres—
Contents of notice.
Adding lands to districts of two hundred thousand acres—
Hearing—Order including lands.
Adding lands to districts of two hundred thousand acres—
Denial of petition.
Adding lands to districts of two hundred thousand acres—
Order filed—Effect.
Exclusion of lands from district—Effect.
Exclusion of lands from district—Petition to exclude
lands—Contents.
Exclusion of lands from district—Notice—Contents—
Service.
Exclusion of lands from district—Hearing—Assent.
Exclusion of lands from district—Order denying or granting
petition.
Exclusion of lands from district—Assent of bondholders.
Exclusion of lands from district—Order for election—
Notice—Conduct of election.
Exclusion of lands from district—Procedure following election—Order of exclusion.
Exclusion of lands from district—Orders to be recorded—
Effect.
Exclusion of lands from district—Guardian, executor or
administrator may sign and acknowledge.
Exclusion of lands from district—Refunds—Cancellation of
assessments.
(2002 Ed.)
Irrigation Districts Generally
87.03.700
87.03.705
87.03.710
87.03.715
87.03.720
87.03.725
87.03.730
87.03.735
87.03.740
87.03.745
87.03.750
87.03.755
87.03.760
87.03.765
87.03.770
87.03.775
87.03.780
87.03.785
87.03.790
87.03.795
87.03.800
87.03.805
87.03.810
87.03.815
87.03.820
87.03.825
87.03.828
87.03.831
87.03.834
87.03.837
87.03.840
87.03.845
87.03.847
87.03.849
87.03.851
(2002 Ed.)
Connecting system to lower drainage district—Procedure.
Connecting system to lower drainage district—Negative
finding by jury or court.
Connecting system to lower drainage district—Affirmative
finding by jury or court—Assessments.
Connecting system to lower drainage district—Increased
maintenance costs.
Merger of district with drainage, joint drainage, consolidated
drainage improvement, or water-sewer district—Power
to assent.
Merger of district with drainage, joint drainage, consolidated
drainage improvement, or water-sewer district—
Notice—Contents—Publication—Show cause against
merger.
Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Hearing—Failure
to show cause deemed assent.
Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Assent, refusal to
assent—Effect of show cause against merger.
Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Election.
Merger of district with drainage, joint drainage, or consolidated drainage improvement district—Order of assent or
refusal—Filing.
Exclusion of nonirrigable land when state holds all outstanding bonds—Resolution.
Exclusion of nonirrigable land when state holds all outstanding bonds—Notice of hearing—Contents.
Exclusion of nonirrigable land when state holds all outstanding bonds—Adoption of resolution—Appellate review.
Exclusion of nonirrigable land when state holds all outstanding bonds—Indebtedness may be reduced.
Exclusion of nonirrigable land when state holds all outstanding bonds—Reconveyance of excluded land formerly
foreclosed to district.
Map of district.
Proceedings for judicial confirmation—Authorization.
Proceedings for judicial confirmation—Petition—Contents.
Proceedings for judicial confirmation—Notice of hearing.
Proceedings for judicial confirmation—Demurrer or answer—Procedure.
Proceedings for judicial confirmation—Jurisdiction of
court—Order—Costs.
Proceedings for judicial confirmation—Appeal.
Lump sum payment to district for irrigable lands acquired
for highway purposes.
Lump sum payment to district for irrigable lands acquired
for highway purposes—Order relieving further district
assessments.
Disposal of real property—Right of adjacent owners.
Hydroelectric resources—Development—Legislative findings.
Hydroelectric resources—Separate legal authority—Creation
by irrigation districts and cities, towns, or public utility
districts—Powers.
Hydroelectric resources—Separate legal authority—
Procedures for membership and for construction and
acquisition of facilities.
Hydroelectric resources—Separate legal authority—Voter
ratification of actions.
Hydroelectric resources—Separate legal authority—
Repayment of indebtedness—Powers.
Chapter supplementary—When.
Merger of minor irrigation district into major irrigation district—Proceedings to initiate—Notice—Hearing.
Merger of minor irrigation district into major irrigation district—Denial or adoption of request for merger—
Notice—Elections—Notification of merger.
Merger of minor irrigation district into major irrigation district—Board of directors—Transfer of property and
assets.
Merger of minor irrigation district into major irrigation district—Bonds or obligations not impaired—Enforcement
of assessments and obligations—Establishment of local
improvement district to carry out obligations.
Chapter 87.03
87.03.853
Merger of minor irrigation district into major irrigation district—Statement of property and assets of minor district.
87.03.855 Merger of minor irrigation district into major irrigation district—Merger of more than two districts.
87.03.857 Merger of minor irrigation district into major irrigation district—Existing water rights not impaired.
87.03.860 Assumption of substandard water system—Limited immunity from liability.
87.03.870 Mutual aid agreements for emergency interdistrict assistance—Authority—Liability.
87.03.880 Tariff for irrigation pumping service—Authority to buy back
electricity.
87.03.900 Construction—1913 c 165.
87.03.905 Severability—1921 c 129.
87.03.910 Severability—1923 c 138.
87.03.915 Severability—1935 c 128.
Reviser’s note: The language "this act," "this chapter," and words of
similar import appear throughout chapter 87.03 RCW. This chapter is
almost entirely comprised of the basic irrigation act of 1889-90 p 671 et
seq. as amended and as expressly added thereto by subsequent enactments.
The chapter is codified in the session law order of the basic act with a few
independent sections which are in pari materia being also codified herein.
Many sections were added to the basic law by being expressly added to the
chapter of the code or compilation in which the basic act was currently
published at the time of the particular enactment. Similarly many sections
have been amended by reference to the compilation number only. Some of
these sections contain legislative language "this act," "this chapter," or both,
which appear in the session law either as original legislative language or
reenactments by the legislature of a compiler’s translation. Therefore,
throughout chapter 87.03 RCW such language is retained wherever it
appears in the most recent session law enactment. Situations concerning
effective dates of particular acts or having express restrictive application are
otherwise specially noted.
Deferral of special assessments: Chapter 84.38 RCW.
Disposal of real property on abandonment of irrigation district right of
way—Right of adjacent owners: RCW 57.90.100.
Local governmental organizations, actions affecting boundaries, etc., review
by boundary review board: Chapter 36.93 RCW.
Plats, approval of plat within irrigation districts prohibited without
provision for irrigation water: RCW 58.17.310.
Special purpose districts, expenditures to recruit job candidates: RCW
42.24.170.
87.03.001 Actions subject to review by boundary
review board. The formation of an irrigation district may
be subject to potential review by a boundary review board
under chapter 36.93 RCW. The alteration of the boundaries
of an irrigation district, including but not limited to a
consolidation, addition of lands, exclusion of lands, or
merger, may be subject to potential review by a boundary
review board under chapter 36.93 RCW. [1989 c 84 § 66.]
87.03.005 District proposed—Powers, when organized. Whenever fifty or a majority of the holders of title
to, or of evidence of title to land susceptible of "irrigation"
desire to organize an irrigation district for any or all of the
purposes mentioned in RCW 87.03.010 and 87.03.015, they
may propose the organization of an irrigation district in the
manner provided herein; and when so organized, such district
shall have all the powers that may now or hereafter be
conferred by law. [1923 c 138 § 1; 1917 c 162 § 1; 1915 c
179 § 1; 1895 c 165 § 1; 1889-90 p 671 § 1; RRS § 7417.
Formerly RCW 87.01.020, part.]
87.03.010 Certain purposes for which district may
be formed. An irrigation district may be organized or
maintained for any or all the following purposes:
[Title 87 RCW—page 3]
87.03.010
Title 87 RCW: Irrigation
(1) The construction or purchase of works, or parts of
same, for the irrigation of lands within the operation of the
district.
(2) The reconstruction, repair or improvement of
existing irrigation works.
(3) The operation or maintenance of existing irrigation
works.
(4) The construction, reconstruction, repair or maintenance of a system of diverting conduits from a natural
source of water supply to the point of individual distribution
for irrigation purposes.
(5) The execution and performance of any contract
authorized by law with any department of the federal
government or of the state of Washington, for reclamation
and irrigation purposes.
(6) The performance of all things necessary to enable
the district to exercise the powers herein granted. [1923 c
138 § 2, part; RRS § 7417-1. Formerly RCW 87.01.010.]
87.03.013 Development of hydroelectric generation
capabilities—Legislative finding, intent—Limitation. The
legislature finds that a significant potential exists for the
development of the hydroelectric generation capabilities of
present and future irrigation systems serving irrigation
districts. The legislature also finds that the development of
such hydroelectric generation capabilities is beneficial to the
present and future electrical needs of the citizens of the state
of Washington, furthers a state purpose and policy, and is in
the public interest. The legislature further finds that it is
necessary to revise and add to the authority of irrigation
districts to obtain the most favorable interest rates possible
in the financing of irrigation district projects which serve the
agricultural community and hydroelectric facilities. It is the
intent of the legislature to provide irrigation districts with the
authority to develop these hydroelectric generation capabilities in connection with irrigation facilities. Further, it is the
intent of the legislature that the development of hydroelectric
generation capabilities pursuant to *this 1979 act not become
the sole purpose or function of irrigation districts in existence on May 14, 1979, nor become a major function of
irrigation districts created after that date. Nothing herein
shall authorize an irrigation district to sell electric power or
energy to any municipal corporation not engaged in the
distribution of electric power or energy. [1979 ex.s. c 185
§ 1.]
*Reviser’s note: For codification of "this 1979 act" [1979 ex.s. c
185], see Codification Tables, Volume 0.
Effective date—1979 ex.s. c 185: "This act is necessary for the
immediate preservation of the public peace, health, and safety, the support
of the state government and its existing public institutions, and shall take
effect immediately." [1979 ex.s. c 185 § 24.] Because of this emergency
section the effective date of 1979 ex.s. c 185 was May 14, 1979.
Severability—1979 ex.s. c 185: "If any provision of this 1979 act or
its application to any person or circumstance is held invalid, the remainder
of the act or the application of the provision to other persons or circumstances is not affected." [1979 ex.s. c 185 § 23.]
87.03.015 Certain powers of district enumerated.
Any irrigation district, operating and maintaining an irrigation system, in addition to other powers conferred by law,
shall have authority:
(1) To purchase and sell electric power to the inhabitants of the irrigation district for the purposes of irrigation
[Title 87 RCW—page 4]
and domestic use, to acquire, construct, and lease dams,
canals, plants, transmission lines, and other power equipment
and the necessary property and rights therefor and to operate,
improve, repair, and maintain the same, for the generation
and transmission of electrical energy for use in the operation
of pumping plants and irrigation systems of the district and
for sale to the inhabitants of the irrigation district for the
purposes of irrigation and domestic use; and, as a further and
separate grant of authority and in furtherance of a state
purpose and policy of developing hydroelectric capability in
connection with irrigation facilities, to construct, finance, acquire, own, operate, and maintain, alone or jointly with other
irrigation districts, boards of control, other municipal or
quasi-municipal corporations or cooperatives authorized to
engage in the business of distributing electricity, or electrical
companies subject to the jurisdiction of the utilities and
transportation commission, hydroelectric facilities including
but not limited to dams, canals, plants, transmission lines,
other power equipment, and the necessary property and
rights therefor, located within or outside the district, for the
purpose of utilizing for the generation of electricity, water
power made available by and as a part of the irrigation water
storage, conveyance, and distribution facilities, waste ways,
and drainage water facilities which serve irrigation districts,
and to sell any and all the electric energy generated at any
such hydroelectric facilities or the irrigation district’s share
of such energy, to municipal or quasi-municipal corporations
and cooperatives authorized to engage in the business of distributing electricity, and electrical companies subject to the
jurisdiction of the utilities and transportation commission, or
to other irrigation districts, and on such terms and conditions
as the board of directors shall determine, and to enter into
contracts with other irrigation districts, boards of control,
other municipal or quasi-municipal corporations and cooperatives authorized to engage in the business of distributing
electricity, and electrical companies subject to the jurisdiction of the utilities and transportation commission: PROVIDED, That no contract entered into by the board of
directors of any irrigation district for the sale of electrical
energy from such hydroelectric facility for a period longer
than forty years from the date of commercial operation of
such hydroelectric facility shall be binding on the district
until ratified by a majority vote of the electors of the district
at an election therein, called, held and canvassed for that
purpose in the same manner as that provided by law for
district bond elections.
(2) To construct, repair, purchase, maintain or lease a
system for the sale or lease of water to the owners of
irrigated lands within the district for domestic purposes.
(3) To construct, repair, purchase, lease, acquire, operate
and maintain a system of drains, sanitary sewers, and sewage
disposal or treatment plants as herein provided.
(4) To assume, as principal or guarantor, any indebtedness to the United States under the federal reclamation laws,
on account of district lands.
(5) To maintain, repair, construct and reconstruct
ditches, laterals, pipe lines and other water conduits used or
to be used in carrying water for irrigation of lands located
within the boundaries of a city or town or for the domestic
use of the residents of a city or town where the owners of
land within such city or town shall use such works to carry
water to the boundaries of such city or town for irrigation,
(2002 Ed.)
Irrigation Districts Generally
domestic or other purposes within such city or town, and to
charge to such city or town the pro rata proportion of the
cost of such maintenance, repair, construction and reconstruction work in proportion to the benefits received by the
lands served and located within the boundaries of such city
or town, and if such cost is not paid, then and in that event
said irrigation district shall have the right to prevent further
water deliveries through such works to the lands located
within the boundaries of such city or town until such charges
have been paid.
(6) To acquire, install and maintain as a part of the
irrigation district’s water system the necessary water mains
and fire hydrants to make water available for fire fighting
purposes; and in addition any such irrigation district shall
have the authority to repair, operate and maintain such
hydrants and mains.
(7) To enter into contracts with other irrigation districts,
boards of control, municipal or quasi-municipal corporations
and cooperatives authorized to engage in the business of
distributing electricity, and electrical companies subject to
the jurisdiction of the utilities and transportation commission
to jointly acquire, construct, own, operate, and maintain
irrigation water, domestic water, drainage and sewerage
works, and electrical power works to the same extent as
authorized by subsection (1) of this section, or portions of
such works.
(8) To acquire from a water-sewer district wholly within
the irrigation district’s boundaries, by a conveyance without
cost, the water-sewer district’s water system and to operate
the same to provide water for the domestic use of the
irrigation district residents. As a part of its acceptance of
the conveyance the irrigation district must agree to relieve
the water-sewer district of responsibility for maintenance and
repair of the system. Any such water-sewer district is
authorized to make such a conveyance if all indebtedness of
the water-sewer district, except local improvement district
bonds, has been paid and the conveyance has been approved
by a majority of the water-sewer district’s voters voting at a
general or special election.
This section shall not be construed as in any manner
abridging any other powers of an irrigation district conferred
by law. [1999 c 153 § 74; 1979 ex.s. c 185 § 2; 1967 c 206
§ 1; 1965 c 141 § 1; 1943 c 57 § 1; 1941 c 143 § 1; 1933
c 31 § 1; 1923 c 138 § 2, part; RRS § 7417-2. Formerly
RCW 87.01.210, part.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
District bond elections: RCW 87.03.200.
Heating systems authorized: RCW 35.97.020.
Prerequisite to furnishing water or power outside of district: RCW
87.03.115.
87.03.016 District may provide street lighting—
Limitations. In addition to other powers conferred by law,
an irrigation district is authorized to construct, purchase,
lease, or otherwise acquire, maintain, and operate a system
for lighting public streets and highways and to enter into a
contract or contracts with electric utilities, either public or
private, to provide that service. However, no contract
entered into by the board for providing street lighting for a
(2002 Ed.)
87.03.015
period exceeding ten years is binding upon the district unless
ratified by a majority vote of the electors of the district at an
election called, held, and canvassed for that purpose in the
same manner as provided by law for district bond elections.
The authority granted by this section applies only to an
irrigation district that has begun the construction, purchase,
lease, or acquisition of a street lighting system by January 1,
1984, or has entered into a contract for that service by that
date. [1984 c 168 § 1.]
87.03.017 District may assist residential owners in
financing for conservation of energy—When—Plan—
Limitations. Any irrigation district engaged in the distribution of energy is hereby authorized, within limits
established by the Constitution of the state of Washington,
to assist the owners of residential structures in financing the
acquisition and installation of materials and equipment, for
compensation or otherwise, for the conservation or more
efficient use of energy in such structures pursuant to an
energy conservation plan adopted by the irrigation district if
the cost per unit of energy saved or produced by the use of
such materials and equipment is less than the cost per unit
of energy produced by the next least costly new energy
resource which the irrigation district could acquire to meet
future demand. Except where otherwise authorized, such
assistance shall be limited to:
(1) Providing an inspection of the residential structure,
either directly or through one or more inspectors under
contract, to determine and inform the owner of the estimated
cost of purchasing and installing conservation materials and
equipment for which financial assistance will be approved
and the estimated life cycle savings in energy costs that are
likely to result from the installation of such materials or
equipment.
(2) Providing a list of businesses who sell and install
such materials and equipment within or in close proximity to
the service area of the irrigation district, each of which
businesses shall have requested to be included and shall have
the ability to provide the products in a workmanlike manner
and to utilize such materials in accordance with the prevailing national standards.
(3) Arranging to have approved conservation materials
and equipment installed by a private contractor whose bid is
acceptable to the owner of the residential structure and
verifying such installation.
(4) Arranging or providing financing for the purchase
and installation of approved conservation materials and
equipment. Such materials and equipment shall be purchased from a private business and shall be installed by a
private business or the owner.
(5) Pay back shall be in the form of incremental
additions to the utility bill, billed either together with use
charge or separately. Loans shall not exceed one hundred
twenty months in length. [1982 c 42 § 1. Prior: 1981 c
345 § 3.]
87.03.0175 District assistance for conservation,
improvement, preservation, and efficient use. (1) Any
irrigation district organized under this chapter may, for
compensation, reimbursement, or otherwise, within limits
established by the state Constitution, assist the owners of
[Title 87 RCW—page 5]
87.03.0175
Title 87 RCW: Irrigation
land receiving water distributed by the irrigation district or
discharging, with the district’s approval, water from the land
into irrigation district-maintained facilities to finance, acquire, install, lease, and use equipment, fixtures, programs,
and systems to conserve, improve, preserve, and efficiently
use the land, water delivered by the irrigation district, or
water discharged from the land into irrigation districtmaintained facilities. Assistance may include, but is not
limited to, grants, loans, and financing to purchase, lease,
install, and use approved conservation, improvement, and
preservation equipment, fixtures, programs, and systems.
The equipment, fixtures, programs, and systems may be
leased, purchased, or installed by a private business, the
owner of the land, or the irrigation district. "Conserve,"
"improve," and "preserve" as used in this section, include
enhancing the quality of water delivered by the irrigation
district or discharged from the land into irrigation districtmaintained facilities.
(2) The district may charge the owner and the land if
district money or credit is used or extended to provide the
assistance in subsection (1) of this section. The district’s
board of directors may also levy and fix assessments, rates,
tolls, and charges and collect them from all persons for
whom, and all land on which, district money or credit is
provided, or the board may require landowner repayment for
landowner assistance by assessments, charges, rates, or tolls
in the same manner as provided by RCW 87.03.445. [1999
c 234 § 1.]
87.03.018 Creation of legal authority to carry out
powers—Method—Indebtedness. Two or more irrigation
districts may create a separate legal authority to carry out
any or all of the powers described in RCW 87.03.015. To
enable such a legal authority to carry out its delegated
powers, the irrigation districts creating the authority may
assign, convey, or otherwise transfer to it any or all of their
respective property, rights, or obligations, including, without
limitation, the power to issue revenue obligations and the
power of condemnation. Such a legal authority shall be
created and organized by contract in the manner described in
chapter 39.34 RCW and shall be a separate legal entity.
A separate legal authority shall only have power to
incur indebtedness that is repayable from rates, tolls,
charges, or contract payments for services or electricity
provided by the authority and to pledge such revenues for
the payment and retirement of indebtedness issued for the
construction or acquisition of hydroelectric facilities. An
authority shall not have power to levy taxes or to impose
assessments for the payment of obligations of the authority.
Every bond or other evidence of indebtedness issued by an
authority shall provide (1) that repayment shall be limited
solely to the revenues of the authority; and (2) that no
member of the authority shall be obligated to repay directly
or indirectly any obligation of the authority except to the
extent of fair value for services actually received from the
authority. No member may pledge its revenues to support
the issuance of revenue bonds or other indebtedness of an
authority. [1984 c 168 § 5; 1981 c 62 § 1.]
87.03.020 Organization of district—Petition—
Bond—Notice—Hearing—Order—Notice of election. For
[Title 87 RCW—page 6]
the purpose of organizing an irrigation district, a petition,
signed by the required number of holders of title or evidence
of title to land within the proposed district, shall be presented to the board of county commissioners of the county in
which the lands, or the greater portion thereof, are situated,
which petition shall contain the following:
(1) A description of the lands to be included in the
operation of the district, in legal subdivisions or fractions
thereof, and the name of the county or counties in which
said lands are situated.
(2) The signature and post office address of each
petitioner, together with the legal description of the particular
lands within the proposed district owned by said respective
petitioners.
(3) A general statement of the probable source or
sources of water supply and a brief outline of the plan of
improvement, which may be in the alternative, contemplated
by the organization of the district.
(4) A statement of the number of directors, either three
or five, desired for the administration of the district and of
the name by which the petitioners desire the district to be
designated.
(5) Any other matter deemed material.
(6) A prayer requesting the board to take the steps
necessary to organize the district.
The petition must be accompanied by a good and
sufficient bond, to be approved by the board of county
commissioners, in double the amount of the probable cost of
organizing the district, and conditioned that the bondsmen
will pay all of the cost in case such organization shall not be
effected. Said petition shall be presented at a regular
meeting of the said board, or at any special meeting ordered
to consider and act upon said petition, and shall be published
once a week, for at least two weeks (three issues) before the
time at which the same is to be presented, in some newspaper of general circulation printed and published in the county
where said petition is to be presented, together with a notice
signed by the clerk of the board of county commissioners
stating the time of the meeting at which the same will be
presented. There shall also be published a notice of the
hearing on said petition in a newspaper published at Olympia, Washington, to be designated by the director of ecology
from year to year, which said notice shall be published for
at least two weeks (three issues) prior to the date of said
meeting and shall contain the name of the county or counties
and the number of each township and range in which the
lands embraced within the boundaries of the proposed
district are situated, also the time, place and purpose for said
meeting, which said notice shall be signed by the petitioner
whose name first appears upon the said petition. If any
portion of the lands within said proposed district lie within
another county or counties, then the said petition and notice
shall be published for the time above provided in one
newspaper printed and published in each of said counties.
The said notice, together with a map of the district, shall
also be served by registered mail at least thirty days before
the said hearing upon the state director of ecology at
Olympia, Washington, who shall, at the expense of the
district in case it is later organized, otherwise at the expense
of the petitioners’ bondsmen, make such investigation of the
sufficiency of the source and supply of water for the
purposes of the proposed district, as he may deem necessary,
(2002 Ed.)
Irrigation Districts Generally
and file a report of his findings, together with a statement of
his costs, with the board of county commissioners at or prior
to the time set for said hearing. When the petition is
presented, the board of county commissioners shall hear the
same, shall receive such evidence as it may deem material,
and may adjourn such hearing from time to time, not
exceeding four weeks in all, and on the final hearing shall
establish and define the boundaries of the district along such
lines as in the judgment of the board will best reclaim the
lands involved and enter an order to that effect: PROVIDED, That said board shall not modify the boundaries so as
to except from the operation of the district any territory
within the boundaries outlined in the petition, which is
susceptible of irrigation by the same system of works
applicable to other lands in such proposed district and for
which a water supply is available; nor shall any lands which,
in the judgment of said board, will not be benefited, be
included within such district; any lands included within any
district, which have a partial or full water right shall be
given equitable credit therefor in the apportionment of the
assessments in this act provided for: AND PROVIDED
FURTHER, That any owner, whose lands are susceptible of
irrigation from the same source, and in the judgment of the
board it is practicable to irrigate the same by the proposed
district system, shall, upon application to the board at the
time of the hearing, be entitled to have such lands included
in the district.
At said hearing the board shall also give the district a
name and shall order that an election be held therein for the
purpose of determining whether or not the district shall be
organized under the provisions of this act and for the
purpose of electing directors.
The clerk of the board of county commissioners shall
then give notice of the election ordered to be held as
aforesaid, which notice shall describe the district boundaries
as established, and shall give the name by which said
proposed district has been designated, and shall state the
purposes and objects of said election, and shall be published
once a week, for at least two weeks (three issues) prior to
said election, in a newspaper of general circulation published
in the county where the petition aforesaid was presented; and
if any portion of said proposed district lies within another
county or counties, then said notice shall be published in like
manner in a newspaper within each of said counties. Said
election notice shall also require the electors to cast ballots
which shall contain the words "Irrigation District—Yes," and
"Irrigation District—No," and also the names of persons to
be voted for as directors of the district: PROVIDED, That
where in this act publication is required to be made in a
newspaper of any county, the same may be made in a newspaper of general circulation in such county, selected by the
person or body charged with making the publication and
such newspaper shall be the official paper for such purpose.
[1988 c 127 § 40; 1923 c 138 § 3; 1921 c 129 § 1; 1919 c
180 § 1; 1915 c 179 § 2; 1913 c 165 § 1; 1895 c 165 § 2;
1889-90 p 671 § 2; RRS § 7418. Formerly RCW 87.01.020,
part, 87.01.030, 87.01.040, and 87.01.050.]
87.03.025 State lands situated in or taken into
district—Procedure—Assessments, collection. Whenever
public lands of the state are situated in or taken into an
(2002 Ed.)
87.03.020
irrigation district they shall be treated the same as other
lands, except as hereinafter provided. The commissioner of
public lands shall be served with a copy of the petition
proposing to include such lands, together with a map of the
district and notice of the time and place of hearing thereon,
at least thirty days before the hearing, and if he determines
that such lands will be benefited by being included in the
district he shall give his consent thereto in writing. If he
determines that they will not be benefited he shall file with
the board a statement of his objections thereto.
Any public lands of the state which are situated within
the boundaries of an irrigation district, but which were not
included in the district at the time of its organization, may
be included after a hearing as herein provided.
Whenever the commissioner or any interested person
desires to have state public lands included in an existing
district, he shall file a request to that effect in writing with
the district board, which shall thereupon fix a time and place
for hearing the request and post notice thereof in three public
conspicuous places in the district, one of which shall be at
the place of hearing, at least twenty days before the hearing,
and send by registered mail a copy of the notice to the
commissioner. The notice shall describe the lands to be
included and direct all persons objecting to such inclusion to
appear at the time and place stated and present their objections. At the hearing the district board shall consider all
objections and may adjourn to a later date, and by resolution
determine the matter, and its determination shall be final:
PROVIDED, That no such lands shall be included in a district without the written consent of the commissioner of
public lands.
Any public lands of the state situated in any irrigation
district shall be subject to the provisions of the laws of this
state relating to the collection of irrigation district assessments to the same extent and in the same manner in which
lands of like character held under private ownership are
subject thereto, but collection and payment of the assessments shall be governed solely by the provisions of chapter
79.44 RCW. [1963 c 20 § 13; 1951 2nd ex.s. c 15 § 1;
1951 c 212 § 1; 1923 c 138 § 4; 1921 c 129 § 2; 1919 c 180
§ 2; RRS § 7419. Formerly RCW 87.01.060.]
Irrigation district assessments: RCW 87.03.240 through 87.03.305.
87.03.030 Elections are governed by irrigation
district laws. All elections of irrigation districts, general or
special, for any district purpose and in any county of the
state shall be called, noticed, and conducted in accordance
with the laws of the state, specifically relating to irrigation
districts. [1951 c 201 § 1. Formerly RCW 87.01.095.]
Validation—1951 c 201: "All irrigation district elections heretofore
called, noticed and conducted for any district purpose in accordance with the
laws of the state, specifically relating to irrigation districts irrespective of
any contrary general election laws; and any irrigation district election
heretofore called, noticed and conducted in accordance with said irrigation
district laws is hereby approved and confirmed." [1951 c 201 § 2.]
Ballots, declaration of candidacy: RCW 87.03.075.
Certain elections—Districts of two hundred thousand acres: RCW
87.68.060.
Times for holding elections and primaries: Chapter 29.13 RCW.
87.03.031 Absentee voting—Certification of inconvenience. Any qualified district elector who certifies as
[Title 87 RCW—page 7]
87.03.031
Title 87 RCW: Irrigation
provided in RCW 87.03.032 through 87.03.034 that he
cannot conveniently be present to cast his ballot at his proper
election precinct on the day of any irrigation district election
shall be entitled to vote by absentee ballot in such election
in the manner herein provided. [1961 c 105 § 2. Formerly
RCW 87.01.096.]
87.03.032 Absentee voting—Notice of election,
contents—Ballot and form of certificate of qualifications
to be furnished. The notice of election shall conform to the
requirements for election notices provided by Title 87 RCW
for the election being held, and shall specify in addition that
any qualified district elector who certifies that he cannot
conveniently be present at his proper election precinct on the
day of election may vote by absentee ballot, and that a ballot
and form of certificate of qualifications will be furnished to
him on written request being made of the district’s secretary.
The requisite ballot and a form of certificate of qualifications
shall be furnished by the district’s secretary to any person
who prior to the date of election makes written request
therefor, stating that he is a qualified district elector. Such
ballot and form may be furnished also to qualified district
electors in any way deemed to be convenient without regard
to requests having been made therefor. [1961 c 105 § 3.
Formerly RCW 87.01.097.]
87.03.033 Absentee voting—Requirements for ballot
to be counted—Statement of qualifications—Form of
ballot. (1) To be counted in a given election, an absentee
ballot must conform to these requirements:
(a) It must be sealed in an unmarked envelope and
delivered to the district’s principal office prior to the close
of the polls on the day of that election; or be sealed in an
unmarked envelope and mailed to the district’s secretary,
postmarked not later than midnight of that election day and
received by the secretary within five days of that date.
(b) The sealed envelope containing the ballot shall be
accompanied by a certificate of qualifications stating, with
respect to the voter, his name, age, citizenship, residence,
that he holds title or evidence of title to lands within the
district which, under RCW 87.03.045 entitles him to vote in
the election, and that he cannot conveniently be present to
cast his ballot at his proper election precinct on election day.
(c) The statements in the certificate of qualifications
shall be certified as correct by the voter by the affixing of
his signature thereto in the presence of a witness who is
acquainted with the voter, and the voter shall enclose and
seal his ballot in the unmarked envelope in the presence of
this witness but without disclosing his vote. The witness, by
affixing his signature to the certificate of qualifications, shall
certify that he is acquainted with the voter, that in his
presence the voter’s signature was affixed and the ballot
enclosed as required in this paragraph.
(2) The form of statement of qualifications and its
certification shall be substantially as prescribed by the
district’s board of directors. This form may also provide
that the voter shall describe all or some part of his lands
within the district which, under RCW 87.03.045 entitles him
to vote in the election, but a voter otherwise qualified shall
not be disqualified because of the absence or inaccuracy of
the description so given. The regular form of irrigation
[Title 87 RCW—page 8]
district ballot shall be used by absentee voters. [1961 c 105
§ 4. Formerly RCW 87.01.098.]
87.03.034 Absentee voting—How incoming ballots
are handled—Canvass—Statement of result of both
regular and absentee ballots. (1) Absentee ballots shall be
accumulated and kept, unopened, by the district’s secretary
until the time in which such ballots may be received is
closed. The secretary shall deliver them to the board of
directors as early as practicable on the following day. That
board shall proceed at once to determine whether the voters
submitting absentee ballots are qualified so to vote and to
count and tally the votes of those so determined to be
qualified. The board shall make, record, and certify the
result of its determinations and count; and promptly thereafter it shall deliver the ballots, certificates of qualifications,
and its certificate to the district’s secretary. The provisions
of RCW 87.03.100 with respect to recount shall govern also
in the case of absentee ballots.
(2) On the completion of the canvass of the regular
returns of the several election precincts as provided in RCW
87.03.105, the board of directors shall canvass the returns of
the absentee votes and declare the result thereof in substantially the same manner as provided for the returns of the
votes cast in the regular manner. Thereupon the statement
of the result conforming as nearly as practicable to the
requirements of RCW 87.03.110 shall be made covering both
regular and absentee votes. [1961 c 105 § 5. Formerly
RCW 87.01.099.]
87.03.035 Elections to form district—How conducted. The board of county commissioners shall establish a
convenient number of election precincts in the proposed
district and define the boundaries thereof, and designate a
polling place and appoint the necessary election officers for
each precinct; which precincts may thereafter be changed by
the district board. The election shall be conducted as nearly
as practicable in the manner provided for the election of
directors. Where a nonassessable area is situated in a
district, any notice, delinquent list, or other announcement
required by this title to be posted, may be posted in the area
and any election may be held therein. [1955 c 57 § 2.
Prior: 1921 c 129 § 3, part; 1917 c 162 § 2, part; 1913 c
165 § 2, part; 1889-90 p 672 § 3, part; RRS § 7420, part.
Formerly RCW 87.01.070.]
87.03.040 Elections to form district—Canvass of
returns—Order. The board of county commissioners shall
meet on the second Monday after the election and canvass
the returns, and if it appears that at least two-thirds of all the
votes cast are in favor of the district the board shall by an
order declare the district duly organized and shall declare the
qualified persons receiving the highest number of votes to be
duly elected directors, and shall cause a certified copy of the
order to be filed for record in the offices of the auditor and
assessor of each county in which any portion of the district
is situated. From the date of the filing the organization of
the district shall be complete and the directors may, upon
qualifying, enter immediately upon the duties of their office,
and shall hold office until their successors are elected and
qualified. Upon filing the order, the county assessor shall
(2002 Ed.)
Irrigation Districts Generally
write the name of the district on the permanent tax roll in a
column provided for that purpose opposite each description
of land in the district. Such column shall be carried forward
each year on the current tax roll. In the event of a change
in the boundaries of a district, the assessor shall note it in
the column upon the tax roll. [1955 c 57 § 3. Prior: 1921
c 129 § 3, part; 1917 c 162 § 2, part; 1913 c 165 § 2, part;
1889-90 p 672 § 3, part; RRS § 7420, part. Formerly RCW
87.01.080.]
87.03.045 Qualifications of voters and directors—
Districts of two hundred thousand acres. In districts with
two hundred thousand acres or more, a person eighteen years
old, being a citizen of the United States and a resident of the
state and who holds title or evidence of title to land in the
district or proposed district shall be entitled to vote therein.
He shall be entitled to one vote for the first ten acres of said
land or fraction thereof and one additional vote for all of
said land over ten acres. A majority of the directors shall be
residents of the county or counties in which the district is
situated and all shall be electors of the district. If more than
one elector residing outside the county or counties is voted
for as director, only that one who receives the highest
number of votes shall be considered in ascertaining the result
of the election. Where land is community property both the
husband and wife may vote if otherwise qualified. An agent
of a corporation owning land in the district, duly authorized
in writing, may vote on behalf of the corporation by filing
with the election officers his instrument of authority. An
elector resident in the district shall vote in the precinct in
which he resides, all others shall vote in the precinct nearest
their residence. [1985 c 66 § 1; 1971 ex.s. c 292 § 72; 1961
c 192 § 12; 1955 c 57 § 4. Prior: 1953 c 122 § 1; 1921 c
129 § 3, part; 1917 c 162 § 2, part; 1913 c 165 § 2, part;
1889-90 p 672 § 3; RRS § 7420, part. Formerly RCW
87.01.090.]
Severability—1985 c 66: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1985 c 66 § 6.]
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
Certain elections—Districts of two hundred thousand acres: RCW
87.68.060.
87.03.051 Qualifications of voters and directors—
Districts of less than two hundred thousand acres. In
districts with less than two hundred thousand acres, a person
eighteen years old, being a citizen of the United States and
a resident of the state and who holds title or evidence of title
to assessable land in the district or proposed district shall be
entitled to vote therein, and to be recognized as an elector.
A corporation, general partnership, limited partnership,
limited liability company, or other legal entity formed
pursuant to the laws of the state of Washington or qualified
to do business in the state of Washington owning land in the
district shall be recognized as an elector. As used in this
section, "entity" means a corporation, general partnership,
limited partnership, limited liability company, or other legal
entity formed pursuant to the laws of the state of Washington or qualified to do business in the state of Washington.
"Ownership" shall mean the aggregate of all assessable acres
owned by an elector, individually or jointly, within one
(2002 Ed.)
87.03.040
district. Voting rights shall be allocated as follows: Two
votes for each five acres of assessable land or fraction
thereof. No one ownership may accumulate more than fortynine percent of the votes in one district. If assessments are
on the basis of shares instead of acres, an elector shall be
entitled to two votes for each five shares or fraction thereof.
The ballots cast for each ownership of land or shares shall
be exercised by common agreement between electors or
when land is held as community property, the accumulated
votes may be divided equally between husband and wife.
Except for community property ownership, in the absence of
the submission of the common agreement to the secretary of
the district at least twenty-four hours before the opening of
the polls, the election board shall recognize the first elector
to appear on election day as the elector having the authority
to cast the ballots for that parcel of land for which there is
more than one ownership interest. A majority of the
directors shall be residents of the county or counties in
which the district is situated and all shall be electors of the
district. If more than one elector residing outside the county
or counties is voted for as director, only that one who
receives the highest number of votes shall be considered in
ascertaining the result of the election. An agent of an entity
owning land in the district, duly authorized in writing, may
vote on behalf of the entity by filing with the election
officers his or her instrument of authority. An elector
resident in the district shall vote in the precinct in which he
or she resides, all others shall vote in the precinct nearest
their residence. No director shall be qualified to take or
retain office unless the director holds title or evidence of title
to land within the district. [1997 c 354 § 1; 1985 c 66 § 2.]
Severability—1985 c 66: See note following RCW 87.03.045.
87.03.071 Certain districts—Individual ownerships—Two votes. In any irrigation district where more
than fifty percent of the total acreage of the district is owned
in individual ownerships of less than five acres, each elector
who is otherwise qualified to vote pursuant to RCW
87.03.045 shall be entitled to two votes regardless of the size
of ownership. Each ownership shall be represented by two
votes. If there are multiple owners or joint owners of a
single ownership, the owners shall decide among themselves
what their two votes shall be. If the ownership is held as
community property, the husband shall be entitled to one
vote and the wife shall be entitled to one vote or they may
vote by common agreement. [1985 c 66 § 3.]
Severability—1985 c 66: See note following RCW 87.03.045.
87.03.075 Ballots in all elections—Declaration of
candidacy—Petition of nomination—When election not
required. Voting in an irrigation district shall be by ballot.
Ballots shall be of uniform size and quality, provided by the
district, and for the election of directors shall contain only
the names of the candidates who have filed with the secretary of the district a declaration in writing of their candidacy,
or a petition of nomination as hereinafter provided, not later
than five o’clock p.m. on the first Monday in November.
Ballots shall contain space for sticker voting or for the writing in of the name of an undeclared candidate. Ballots shall
be issued by the election board according to the number of
votes an elector is entitled to cast. A person filing a
[Title 87 RCW—page 9]
87.03.075
Title 87 RCW: Irrigation
declaration of candidacy, or petition of nomination as
hereinafter provided, shall designate therein the position for
which he is a candidate. No ballots on any form other than
the official form shall be received or counted.
In any election for directors where the number of votes
which may be received will have no bearing on the length of
the term to be served, the candidates for the position of
director, in lieu of filing a declaration of candidacy hereunder, shall file with the secretary of the district a petition of
nomination signed by at least ten qualified electors of the
district, or of the division if the district has been divided into
director divisions, not later than five o’clock p.m. on the first
Monday in November. If, after the expiration of the date for
filing petitions of nomination, it appears that only one
qualified candidate has been nominated thereby for each
position to be filled it shall not be necessary to hold an
election, and the board of directors shall at their next
meeting declare such candidate elected as director. The
secretary shall immediately make and deliver to such person
a certificate of election signed by him and bearing the seal
of the district. The procedure set forth in this paragraph
shall not apply to any other irrigation district elections.
[1985 c 66 § 4; 1981 c 345 § 1; 1981 c 208 § 1; 1963 c 68
§ 1; 1961 c 105 § 1; 1941 c 171 § 2; Rem. Supp. 1941 §
7420-1. Formerly RCW 87.01.110.]
Severability—1985 c 66: See note following RCW 87.03.045.
87.03.080 Directors—Election—Terms—Increase
and decrease. An election of directors in an irrigation
district shall be held on the second Tuesday of December of
each year, and the term of each director shall be three years
from the first Tuesday of January following his election.
The directors elected at the organization election shall serve
until their successors are elected and qualified. At the first
annual election occurring thirty days or more after the date
of the order establishing the district, there shall be elected
directors to succeed those chosen at the organization election. If the board consists of three directors the candidate
receiving the highest number of votes shall serve a term of
three years; the next highest, two years; and the next highest,
one year. In case of five directors, the two candidates
receiving the highest number of votes shall each serve a term
of three years; the next two highest, two years; and the next
highest, one year; or until successors are elected and
qualified. In case of seven directors, the three candidates
receiving the highest number of votes shall each serve a term
of three years, the next two highest, two years, and the next
two highest, one year, or until their successors are elected
and qualified. Whenever a district with three directors
desires to increase the number of its directors to five
directors or whenever a district with five directors desires to
increase the number of its directors to seven directors, the
board of directors, acting on its own initiative or on the
written petition of at least twenty electors of the district,
shall submit the question to the electors of the district at a
regular or special district election. In the event the electors
by a majority of the votes cast favor an increase in the
number of directors, there shall be elected at the next annual
district election two additional directors. The person
receiving the highest number of votes shall serve for a three
year term and the next highest, a two year term.
[Title 87 RCW—page 10]
The number of directors may be decreased to five or
three, as the case may be, substantially in the same manner
as that provided for the increase of directors. In case of
three directors the term of one director only shall expire
annually. [1961 c 192 § 14. Prior: 1931 c 41 § 1, part;
1921 c 129 § 4, part; 1919 c 180 § 3, part; 1915 c 179 § 3,
part; 1913 c 165 § 3, part; 1895 c 165 § 3, part; 1889-90 p
673 § 4, part; RRS § 7421, part. Formerly RCW 87.01.100.]
87.03.081 Directors—Vacancies, how filled. A
vacancy in the office of director shall be filled by appointment by the board of county commissioners of the county in
which the proceedings for the organization of the district
were had. At the next annual election occurring thirty days
or more after the date of the appointment, a successor shall
be elected who shall take office on the first Tuesday in
January following and shall serve for the remainder of the
unexpired term.
A director appointed to fill a vacancy occurring after the
expiration of the term of a director shall serve until his
successor is elected and qualified. At the next election of
directors occurring thirty days or more after the appointment,
a successor shall be elected who shall take office on the first
Tuesday in January next and shall serve for the term for
which he was elected.
Failure on the part of any irrigation district to hold one
or more annual elections for selection of officers, or otherwise to provide district officers shall not dissolve the district
or impair its powers, where later officers for the district are
appointed or elected and qualify as such and exercise the
powers and duties of their offices in the manner provided by
law. [1961 c 192 § 15. Prior: 1931 c 41 § 1, part; 1921 c
129 § 4, part; 1919 c 180 § 3, part; 1915 c 179 § 3, part;
1913 c 165 § 3, part; 1895 c 165 § 3, part; 1889-90 p 673
§ 4, part; RRS § 7421, part. Formerly RCW 87.01.120.]
87.03.082 Directors—Oaths of office and official
bonds—Secretary. Each director shall take and subscribe
an official oath for the faithful discharge of the duties of his
office, and shall execute a bond to the district in the sum of
one thousand dollars, conditioned for the faithful discharge
of his duties, which shall be approved by the judge of the
superior court of the county where the district was organized, and the oath and bond shall be recorded in the office
of the county clerk of that county and filed with the secretary of the board of directors. The secretary shall take and
subscribe a written oath of office and execute a bond in the
sum of not less than one thousand dollars to be fixed by the
directors, which shall be approved and filed as in the case of
the bond of a director. If a district is appointed fiscal agent
of the United States to collect money for it, the secretary and
directors and the district treasurer shall each execute such
additional bonds as the secretary of the interior may require,
conditioned for the faithful discharge of their duties which
shall be approved, recorded, and filed as other official bonds.
All such bonds shall be secured at the cost of the district.
[1961 c 192 § 16. Prior: 1931 c 41 § 1, part; 1921 c 129
§ 4, part; 1919 c 180 § 3, part; 1915 c 179 § 3, part; 1913
c 165 § 3, part; 1895 c 165 § 3, part; 1889-90 p 673 § 4,
part; RRS § 7421, part. Formerly RCW 87.01.130.]
Conflicts of interest, irrigation district officers: RCW 42.23.030.
(2002 Ed.)
Irrigation Districts Generally
Conviction of public officer forfeits trust: RCW 9.92.120.
Director divisions: Chapter 87.04 RCW.
Misconduct of public officers: Chapter 42.20 RCW.
87.03.083 Directors—Recall and discharge. Every
member of an irrigation district board of directors is subject
to recall and discharge by the legal voters of such district
pursuant to the provisions of chapter 29.82 RCW. [1979
ex.s. c 185 § 15.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.03.085 Post-organization district elections—
Election boards—Notice. Fifteen days before any election
held under this chapter, subsequent to the organization of
any district, the secretary of the board of directors shall
cause notices to be posted in three public places in each
election precinct, of the time and place of holding the
election. The secretary shall also post a general notice of
the same in the office of the board, which shall be established and kept at some fixed place to be determined by the
board, specifying the polling places of each precinct. Prior
to the time for posting the notices, the board must appoint
for each precinct, from the electors thereof, one inspector
and two judges, who shall constitute a board of election for
the precinct. If the board fails to appoint a board of election, or the members appointed do not attend at the opening
of the polls on the morning of election, the electors of the
precinct present at that hour may appoint the board, or
supply the place of an absent member thereof. The board of
directors must, in its order appointing the board of election,
designate the house or place within the precinct where the
election must be held. However, in any irrigation district
that is less than two hundred thousand acres in size and is
divided into director divisions, the board of directors in its
discretion may designate one polling place within the district
to serve more than one election precinct. The board of
directors of any irrigation district may designate the principal
business office of the district as a polling place to serve one
or more election precincts and may do so regardless of
whether the business office is located within or outside of
the boundaries of the district. If the board of directors does
designate a single polling place for more than one election
precinct, then the election officials appointed by the board of
directors may serve more than one election precinct and the
election officials may be electors of any of the election precincts for which they are the election board. [1987 c 123 §
1; 1984 c 168 § 2; 1889-90 p 674 § 5; RRS § 7422.
Formerly RCW 87.01.140.]
87.03.090 Post-organization district elections—
Election officers—Voting hours. The inspector is chairman
of the election board, and may
First: Administer all oaths required in the progress of
an election.
Second: Appoint judges and clerks, if, during the
progress of the election, any judge or clerk cease to act.
Any member of the board of election, or any clerk thereof,
may administer and certify oaths required to be administered
during the progress of an election. The board of election for
each precinct may, if they deem it necessary, before opening
(2002 Ed.)
87.03.082
the polls, appoint two persons to act as clerks of the election.
Before opening the polls, each member of the board and
each clerk must take and subscribe an oath to faithfully
perform the duties imposed upon them by law. Any elector
of the precinct may administer and certify such oath. The
polls must be opened at one o’clock p.m. on the afternoon
of the election, and be kept open until eight o’clock p.m.,
when the same must be closed. The provisions of the
general election law of this state, concerning the form of
ballots to be used shall not apply to elections held under this
act: PROVIDED, That any district elections called *before
this act shall take effect shall be noticed and conducted in
the manner prescribed by law in effect at the time the
election is called. [1931 c 60 § 1; 1889-90 p 674 § 6; RRS
§ 7423. Formerly RCW 87.01.150.]
*Reviser’s note: The language "before this act shall take effect" in
the proviso refers to 1931 c 60 which became effective on midnight June
10, 1931; see preface, 1931 session laws.
87.03.095 Post-organization district elections—
Counting votes—Record of ballots. Voting may commence as soon as the polls are opened, and may be continued during all the time the polls remain opened. As soon as
the polls are closed, the judges shall open the ballot box and
commence counting the votes; and in no case shall the ballot
box be removed from the room in which the election is held
until all the ballots have been counted. The counting of
ballots shall in all cases be public. The ballots shall be
taken out, one by one, by the inspector or one of the judges,
who shall open them and read aloud the names of each
person contained therein and the office for which every such
person is voted for. Each clerk shall write down each office
to be filled, and the name of each person voted for for such
office, and shall keep the number of votes by tallies, as they
are read aloud by the inspector or judge. The counting of
votes shall be continued without adjournment until all have
been counted. [1889-90 p 675 § 7; RRS § 7424. Formerly
RCW 87.01.160.]
87.03.100 Post-organization district elections—
Certification of returns—Preservation for recount. As
soon as all the votes are read off and counted, a certificate
shall be drawn upon each of the papers containing the poll
list and tallies, or attached thereto, stating the number of
votes each one voted for has received, and designating the
office to fill which he was voted for, which number shall be
written in figures and in words at full length. Each certificate shall be signed by the clerk[s], judge[s], and the
inspector. One of said certificates, with the poll list and the
tally paper to which it is attached, shall be retained by the
inspector, and preserved by him at least six months. The
ballots, together with the other of said certificates, with the
poll list and tally paper to which it is attached, shall be
sealed by the inspector, in the presence of the judges and
clerks, and endorsed "Election returns of [naming the
precinct] precinct," and be directed to the secretary of the
board of directors, and shall be immediately delivered by the
inspector, or by some other safe and responsible carrier
designated by said inspector, to said secretary, and the
ballots shall be kept unopened for at least six months, and if
any person be of the opinion that the vote of any precinct
has not been correctly counted, he may appear on the day
[Title 87 RCW—page 11]
87.03.100
Title 87 RCW: Irrigation
appointed for the board of directors to open and canvass the
returns, and demand a recount of the vote of the precinct
that is so claimed to have been incorrectly counted. [1981
c 345 § 2; 1981 c 208 § 2; 1889-90 p 675 § 8; RRS § 7425.
Formerly RCW 87.01.170 and 87.01.210, part.]
87.03.105 Post-organization district elections—
Canvass. No list, tally paper or certificate returned from
any election shall be set aside or rejected for want of form,
if it can be satisfactorily understood. The board of directors
must meet at its usual place of meeting on the first Monday
after each election, to canvass the returns. If, at the time of
meeting, the returns from each precinct in the district in
which the polls were opened have been received, the board
of directors must then and there proceed to canvass the returns, but if all the returns have not been received, the
canvass must be postponed from day to day until all the
returns have been received, or until six postponements have
been had. The canvass must be made in public, and by
opening the returns and estimating the vote of the district for
each person voted for, and declaring the result thereof.
[1889-90 p 676 § 9; RRS § 7426. Formerly RCW
87.01.180.]
87.03.110 Post-organization district elections—
Statement of result of election—Certificate of election.
The secretary of the board of directors must, as soon as the
result is declared, enter in the records of such board a statement of such result, which statement must show:
(1) The whole number of votes cast in the district;
(2) The name of the persons voted for;
(3) The office to fill which each person was voted for;
(4) The number of votes given in each precinct to each
of such persons;
(5) The number of votes given in each precinct for and
against any proposition voted upon.
The board of directors must declare elected the person
having the highest number of votes given for each office.
The secretary must immediately make out, and deliver to
such person a certificate of election signed by him and
authenticated by the seal of the district. [1913 c 165 § 4;
1895 c 165 § 4; 1889-90 p 676 § 10; RRS § 7427. Formerly RCW 87.01.190.]
Statement of result covering both absentee and regular ballots: RCW
87.03.034.
87.03.115 Organization of board—Meetings—
Quorum—Certain powers and duties. The directors of the
district shall organize as a board and shall elect a president
from their number, and appoint a secretary, who shall keep
a record of their proceedings. The office of the directors
and principal place of business of the district shall be at
some place in the county in which the organization was
effected, to be designated by the directors. The directors
serving districts of five thousand acres or more shall hold a
regular monthly meeting at their office on the first Tuesday
in every month, or on such other day in each month as the
board shall direct in its bylaws, and may adjourn any
meeting from time to time as may be required for the proper
transaction of business. Directors serving districts of less
than five thousand acres shall hold at least quarterly meet[Title 87 RCW—page 12]
ings on a day designated by the board’s bylaws, and may
adjourn any meeting from time to time as may be required
for the proper transaction of business. Special meetings
shall be called and conducted in the manner required by
chapter 42.30 RCW. All meetings of the directors must be
public. A majority of the directors shall constitute a quorum
for the transaction of business, and in all matters requiring
action by the board there shall be a concurrence of at least
a majority of the directors. All records of the board shall be
open to the inspection of any electors during business hours.
The board shall have the power, and it shall be its duty, to
adopt a seal of the district, to manage and conduct the
business and affairs of the district, to make and execute all
necessary contracts, to employ and appoint such agents,
officers and employees as may be necessary and prescribe
their duties, and to establish equitable bylaws, rules and
regulations for the government and management of the
district, and for the equitable distribution of water to the
lands within the district, upon the basis of the beneficial use
thereof, and generally to perform all such acts as shall be
necessary to fully carry out the provisions of this chapter:
PROVIDED, That all water, the right to the use of which is
acquired by the district under any contract with the United
States shall be distributed and apportioned by the district in
accordance with the acts of congress, and rules and regulations of the secretary of the interior until full reimbursement
has been made to the United States, and in accordance with
the provisions of said contract in relation thereto. The
bylaws, rules and regulations must be on file and open to
inspection of any elector during regular business hours. All
leases, contracts, or other form of holding any interest in any
state or other public lands shall be, and the same are hereby
declared to be title to and evidence of title to lands and for
all purposes within *this act, shall be treated as the private
property of the lessee or owner of the contractual or possessory interest: PROVIDED, That nothing in this section shall
be construed to affect the title of the state or other public
ownership, nor shall any lien for such assessment attach to
the fee simple title of the state or other public ownership.
The board of directors shall have authority to develop and to
sell, lease, or rent the use of: (1) Water derived from the
operation of the district water facilities to such municipal
and quasi municipal entities, the state of Washington, and
state entities and agencies, public and private corporations
and individuals located within and outside the boundaries of
the district and on such terms and conditions as the board of
directors shall determine; and (2) power derived from
hydroelectric facilities authorized by RCW 87.03.015(1) as
now or hereafter amended, to such municipal or quasi
municipal corporations and cooperatives authorized to
engage in the business of distributing electricity, electrical
companies subject to the jurisdiction of the utilities and
transportation commission, and other irrigation districts and
on such terms and conditions as the board of directors shall
determine: PROVIDED, No water shall be furnished for use
outside of said district until all demands and requirements
for water for use in said district are furnished and supplied
by said district: AND PROVIDED FURTHER, That as soon
as any public lands situated within the limits of the district
shall be acquired by any private person, or held under any
title of private ownership, the owner thereof shall be entitled
to receive his proportion of water as in case of other land
(2002 Ed.)
Irrigation Districts Generally
owners, upon payment by him of such sums as shall be
determined by the board, and at the time to be fixed by the
board, which sums shall be such equitable amount as such
lands should pay having regard to placing said lands on the
basis of equality with other lands in the district as to benefits
received, and giving credit if equitable for any sums paid as
water rent by the occupant of said lands prior to the vesting
of private ownership, and such lands shall also become subject to all taxes and assessments of the district thereafter
imposed. [1983 c 262 § 1; 1979 ex.s. c 185 § 3; 1921 c 129
§ 5; 1919 c 180 § 4; 1915 c 179 § 4; 1913 c 165 § 5; 188990 p 677 § 11; RRS § 7428. Formerly RCW 87.01.200 and
87.32.010, part.]
*Reviser’s note: "This act" first appears in 1921 c 129 § 5.
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
Director divisions: Chapter 87.04 RCW.
87.03.120 System of drainage, sanitary sewers, or
sewage disposal or treatment plants—Question—Notice—
Meeting—Resolution. Whenever, in the judgment of the
district board, a system of drainage, sanitary sewers, or
sewage disposal or treatment plants for any lands included
in the operation of the district will be of special benefit to
the lands of the district as a whole, it shall pass a resolution
to that effect and call a further meeting of the board to
determine the question. Notice of said meeting shall be
given by the secretary for the same length of time and in the
same manner as required by law for the meeting of the
county board to hear the petition for the organization of the
district. At the time and place mentioned in the notice the
board shall meet, hear such evidence as shall be presented,
and fully determine the matter by resolution which said
resolution shall be final and conclusive upon all persons as
to the benefit of said system of drainage, sanitary sewers, or
sewage disposal or treatment plants to the lands in the
district. [1965 c 141 § 3; 1923 c 138 § 5, part; RRS §
7428-1. Formerly RCW 87.08.130, part.]
Organization of district—Notice: RCW 87.03.020.
87.03.125 System of drainage, sanitary sewers, or
sewage disposal or treatment plants—Powers upon
passage of resolution. Upon the passing of said resolution,
the district shall in all respects have the same power and
authority as is now, or may hereafter be, conferred respecting irrigation and all powers in this act conferred upon
irrigation districts with respect to irrigation shall be construed to include drainage systems, sanitary sewers, and
sewage disposal or treatment plants in conjunction therewith
as herein provided. [1965 c 141 § 4; 1923 c 138 § 5, part;
RRS § 7428-2. Formerly RCW 87.08.130, part.]
87.03.130 District change of name. Any district
heretofore or hereafter organized and existing, may change
its name by filing with the board of county commissioners
of the county in which was filed the original petition for the
organization of the district, a certified copy of a resolution
of its board of directors adopted by the unanimous vote of
all the members of said board at a regular meeting thereof
providing for such change of name; and thereafter all proceedings of such district shall be had under such changed
(2002 Ed.)
87.03.115
name, but all existing obligations and contracts of the district
entered into under its former name shall remain outstanding
without change and with the validity thereof unimpaired and
unaffected by such change of name, and a change of name
heretofore made by any existing irrigation district in this
state, substantially in the manner above provided is hereby
ratified, confirmed and validated. [1965 c 141 § 5; 1923 c
138 § 5, part; RRS § 7428-3. Formerly RCW 87.08.140.]
87.03.135 Sale or lease of district personal property.
An irrigation district has the power to sell or lease personal
property owned by the district whenever its board of
directors, by resolution: Determines that the property is not
necessary or needed for the use of the district; and authorizes
the sale or lease. No sale or lease of such property shall be
made until notice of the sale or lease is given by publication
at least twenty days before the date of the sale or lease in a
newspaper of general circulation in the county where the
property or part of the property is located or, if there is no
such newspaper in the county, in a newspaper of general
circulation published in an adjoining county. The publication shall be made at least once a week during three consecutive weeks before the day fixed for making the sale or
lease. The publication shall contain notice of the intention
of the board of directors to make the sale or lease and shall
state the time and place at which proposals for the sale or
lease will be considered and at which the sale or lease will
be made. Any such property so sold or leased shall be sold
or leased to the highest and best bidder.
The provisions of this section relating to publication of
notice shall not apply when the value of the property to be
sold or leased is less than five hundred dollars. [1994 c 117
§ 1; 1975 1st ex.s. c 163 § 1; 1967 ex.s. c 144 § 7; 1933 c
43 § 1; 1931 c 82 § 1; RRS § 7428-4. Formerly RCW
87.08.150.]
Severability—1967 ex.s. c 144: See note following RCW
36.900.030.
Official paper for publication: RCW 87.03.020.
Organization of board (holding of interest in public lands as evidence of
title): RCW 87.03.115.
87.03.136 Sale or lease of district real property. An
irrigation district has the power to sell or lease real property
owned by the district whenever its board of directors, by
resolution: Determines that the property is not necessary or
needed for the use of the district; and authorizes the sale or
lease. Notice of the district’s intention to sell or lease the
property shall be made by publication at least twenty days
before the transaction is executed regarding the property in
a newspaper of general circulation in the county where the
property or part of the property is located or, if there is no
such newspaper in the county, in a newspaper of general
circulation published in an adjoining county. The publication shall be made at least once a week during three consecutive weeks. The notice shall state whether the sale or lease
will be negotiated by the district or will be awarded by bid.
The district may lease the property from year to year,
afford the lessee the option to purchase the property, sell the
property on contract for deferred payments, sell the property
pursuant to a promissory note secured by a mortgage or deed
of trust, or sell the property for cash and conveyance by
[Title 87 RCW—page 13]
87.03.136
Title 87 RCW: Irrigation
deed. The appropriate documents shall be executed by the
president of the board and acknowledged by the secretary.
The resolution authorizing the sale or lease shall be
entered in the minutes of the board and shall fix the price at
which the lease, option, or sale may be made. The price
shall be not less than the reasonable market value of the
property; however, the board may, without consideration,
dedicate, grant, or convey district land or easements in
district land for highway or public utility purposes that
convenience the inhabitants of the district if the board deems
that the action will enhance the value of the remaining
district land to an extent equal to or greater than the value of
the land or easement dedicated, granted, or conveyed. [1994
c 117 § 2.]
87.03.137 Purchase or condemnation for developing
hydroelectric generation capabilities—Limitations. For
the purpose of developing hydroelectric generation capabilities in connection with irrigation facilities, the board of
directors of an irrigation district shall have the power, in
accordance with procedures provided in this chapter, to
acquire, either by purchase or condemnation, or other legal
means, all lands, waters, water rights, and other property
located within or outside the boundaries of the district necessary for the construction, use, supply, maintenance, repair, or
improvement of hydroelectric facilities to the extent authorized by RCW 87.03.015(1), as now or hereafter amended.
Irrigation districts are prohibited from condemning: (1)
Any hydroelectric power plants, hydroelectric power sites,
power lines or other power facilities or any lands, water
rights, or other property of municipal and quasi municipal
corporations, cooperatives authorized to engage in the business of distributing electricity, and electrical companies
subject to the jurisdiction of the utilities and transportation
commission; and (2) water rights held by private individual
landowners where such waters are being put to beneficial
use. [1979 ex.s. c 185 § 4.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.03.138 Electrical utilities—Civil immunity of
directors and employees for good faith mistakes and
errors of judgment. Directors and employees of irrigation
districts shall be immune from civil liability for mistakes and
errors of judgment in the good faith performance of acts
within the scope of their official duties involving the
exercise of judgment and discretion which relate solely to
their responsibilities for electrical utilities. This grant of
immunity shall not be construed as modifying the liability of
the irrigation district. [1983 1st ex.s. c 48 § 3.]
Severability—1983 1st ex.s. c 48: See note following RCW
35.21.415.
87.03.139 Lawful disposal of sewage and waste by
others—Immunity. No irrigation district, its directors,
officers, employees, or agents operating and maintaining
irrigation works for any purpose authorized by law, including
the production of food for human consumption and other
agricultural and domestic purposes, is liable for damages to
persons or property arising from the disposal of sewage and
waste discharged by others into the irrigation works pursuant
[Title 87 RCW—page 14]
to federal or state statutes, rules, or regulations permitting
the discharge. [1997 c 354 § 2.]
87.03.140 Board’s powers and duties generally—
Condemnation procedure. The board, and its agents and
employees, shall have the right to enter upon any land to
make surveys, and may locate the necessary irrigation or
drainage works, power plants, power sites or power lines and
the line for any canal or canals, and the necessary branches
of laterals for the same, on any lands which may be deemed
best for such location. Said board shall also have the power
to acquire, either by purchase or condemnation, or other
legal means, all lands, waters, water rights, and other
property necessary for the construction, use, supply, maintenance, repair and improvements of said canal or canals and
irrigation and drainage works, including canals and works
constructed or being constructed by private owners, or any
other person, lands for reservoirs for the storage of needful
waters and all necessary appurtenances. The board may also
construct the necessary dams, reservoirs and works for the
collection of water for the said district, and may enter into
contracts for a water supply to be delivered to the canals and
works of the district, and do any and every lawful act
necessary to be done in order to carry out the purposes of
this act; and in carrying out the aforesaid purposes the bonds
of the district may be used by the board, at not less than
ninety percent of their par value in payment. The board may
enter into any obligation or contract with the United States
or with the state of Washington for the supervision of the
construction, for the construction, reconstruction, betterment,
extension, sale or purchase, or operation and maintenance of
the necessary works for the delivery and distribution of
water therefrom under the provisions of the state reclamation
act, or under the provisions of the federal reclamation act,
and all amendments or extensions thereof, and the rules and
regulations established thereunder, or it may contract with
the United States for a water supply or for reclamation
purposes in general under any act of congress which, for the
purposes of this act, shall be deemed to include any act of
congress for reclamation purposes heretofore or hereafter
enacted providing for and permitting such contract, or for the
collection of money due or to become due to the United
States, or for the assumption of the control and management
of the works; and in case contract has been or may hereafter
be made with the United States, as herein provided, bonds of
the district may be deposited with the United States as
payment or as security for future payment at not less than
ninety percent of their par value, the interest on said bonds
to be provided for by assessment and levy as in the case of
other bonds of the district, and regularly paid to the United
States to be applied as provided in such contract, and if
bonds of the district are not so deposited, it shall be the duty
of the board of directors to include as part of any levy or
assessment provided in RCW 87.03.260 an amount sufficient
to meet each year all payments accruing under the terms of
any such contract. The board may accept on behalf of the
district appointment of the district as fiscal agent of the
United States or the state of Washington or other authorization of the district by the United States or the state of
Washington to make collections of money for or on behalf
of the United States or the state of Washington in connection
(2002 Ed.)
Irrigation Districts Generally
with any federal or other reclamation project, whereupon the
district, and the county treasurer for the district, shall be
authorized to so act and to assume the duties and liability
incident to such action, and the said board shall have full
power to do any and all things required by the federal
statutes now or hereafter enacted in connection therewith,
and all things required by the rules and regulations now or
that may hereafter be established by any department of the
federal government in regard thereto.
The use of all water required for the irrigation of the
lands within any district, together with rights-of-way for
canals, laterals, ditches, sites for reservoirs, power plants,
sites, and lines, and all other property required in fully
carrying out the purposes of the organization of the district
is hereby declared to be a public use; and in condemnation
proceedings to acquire any property or property rights for the
use of the district, the board of directors shall proceed in the
name of the district, in the manner provided in this state in
cases of appropriation of lands, real estate and other property
by private corporations: PROVIDED, That the irrigation
district, at its option, pursuant to resolution to that end duly
passed by its board of directors may unite in a single action
proceedings for the acquisition and condemnation of different tracts of land needed by it for rights-of-way for canals,
laterals, power plants, sites, and lines and other irrigation
works which are held by separate owners. And the court
may, on the motion of any party, consolidate into a single
action separate suits for the condemnation of rights-of-way
for such irrigation works whenever from motives of economy or the expediting of business it appears desirable so to
do: PROVIDED FURTHER, That there shall be a separate
finding of the court or jury as to each tract held in separate
ownership.
In any condemnation proceeding brought under the
provisions of this act to acquire canals, laterals and ditches
and rights-of-way therefor, sites, reservoirs, power plants and
pumping plants and sites therefor, power canals, transmission
lines, electrical equipment and any other property, and if the
owner or owners thereof or their predecessors shall have
issued contracts or deeds agreeing to deliver to the holders
of said contracts or deeds water for irrigation purposes, or
authorizing the holders thereof to take or receive water for
irrigation purposes from any portion of said property or
works, and if the delivery of said water or the right to take
or receive the same shall in any manner constitute a charge
upon, or a right in the property and works sought to be
acquired, or any portion thereof, the district shall be authorized to institute and maintain said condemnation proceedings for the purpose of acquiring said property and works,
and the interest of the owners therein subject to the rights of
the holders of such contracts or deeds, and the court or jury
making the award shall determine and award to such owner
or owners the value of the interest to be so appropriated in
said condemnation proceedings. [1921 c 129 § 6; 1919 c
180 § 5; 1915 c 179 § 5; 1913 c 165 § 6; 1913 c 13 § 1;
1889-90 p 678 § 12; RRS § 7429. Formerly RCW
87.01.210, part and 87.08.080.]
Bonds of director, secretary or county treasurer when fiscal agent of United
States: RCW 87.03.082.
Cancellation of assessments due United States—Procedure: RCW
87.03.280.
Certain powers of district enumerated: RCW 87.03.015.
(2002 Ed.)
87.03.140
Certain purposes for which district may be formed: RCW 87.03.010.
Condemnation—Title acquired by district (may be conveyed to United States
or state): RCW 87.03.150.
Contracts with state or United States for local improvement work: RCW
87.03.520.
Districts right to cross other property: RCW 87.03.455.
Eminent domain by corporations: Chapter 8.20 RCW.
Federal reclamation laws: 43 USC §§ 371-498.
Indemnity to state on land settlement contracts: Chapter 87.48 RCW.
Reclamation Service may make findings: RCW 87.03.185.
State Reclamation Act: Chapter 89.16 RCW.
87.03.145 Condemnation—Finding of benefits and
damages—Judgment—Costs. The jury, or the court if the
jury be waived, in such condemnation proceedings shall find
and return a verdict for the amount of damages sustained:
PROVIDED, That the court or jury, in determining the
amount of damages, shall take into consideration the special
benefits, if any, that will accrue to the property damaged by
reason of the proposed improvement, and shall make special
findings in the verdict of the gross amount of damages to be
sustained and the gross amount of special benefits that will
accrue. If it shall appear by the verdict or findings, that the
gross damages exceed said gross benefits, judgment shall be
entered against the district, and in favor of the owner or
owners of the property damaged, in the amount of the excess
of damages over said benefits, and for the costs of the
proceedings, and upon payment of the judgment to the clerk
of the court for the owner or owners, a decree of appropriation shall be entered, vesting the title to the property appropriated in the irrigation district. If it shall appear by the
verdict that the gross benefits equal or exceed the gross
damages, judgment shall be entered against the district and
in favor of the owner or owners for the costs only, and upon
payment of the judgment for costs a decree of appropriation
shall be entered, vesting the title to the property appropriated
in the irrigation district. The verdict and findings of the
court or jury as to damages and benefits shall be binding
upon the board of directors of the irrigation district in their
levy of assessments to pay the cost of the irrigation system
or improvements on behalf of which the condemnation was
had: PROVIDED, That nothing herein contained shall be
construed to prevent the district from assessing the remaining
lands of the owner or owners, so damaged, for deficiencies
on account of the principal and interest on bonds and for
other benefits not considered by the jury in the condemnation proceedings. The damages thus allowed but not paid
shall be applied pro tanto to the satisfaction of the levies
made for such construction costs upon the lands on account
of which the damages were awarded. [1923 c 138 § 6; 1919
c 180 § 6; RRS § 7429-1. Formerly RCW 87.08.090.]
87.03.150 Condemnation—Title acquired by
district. The title to all property acquired under the provisions of this chapter shall immediately, and by operation of
law, vest in such irrigation district and shall be held by such
district in trust for, and is hereby dedicated and set apart to
the uses and purposes set forth in this chapter; and said
board is hereby authorized and empowered to hold, use,
acquire, manage, occupy and possess said property as herein
provided: PROVIDED, HOWEVER, That any property so
[Title 87 RCW—page 15]
87.03.150
Title 87 RCW: Irrigation
acquired by the district may be conveyed to the United
States, or the state of Washington, insofar as the same may
be for the benefit of the district under any contract that may
be entered into with the United States, or the state of
Washington, pursuant to this act.
The title acquired by an irrigation district under the
provisions of this act shall be the fee simple title or such
lesser estate as shall be designated in the decree of appropriation. [1921 c 129 § 7; 1917 c 162 § 3; 1915 c 179 § 6;
1889-90 p 679 § 13; RRS § 7430. Formerly RCW
87.08.170.]
Board’s powers and duties (contracts with state or United States): RCW
87.03.140.
87.03.155 Conveyances—Actions by and against
district. The said board is hereby authorized and empowered to take conveyances or other assurances for all property
acquired by it under the provisions of this act, in the name
of such irrigation district, to and for the uses and purposes
herein expressed, and to institute and maintain any and all
actions and proceedings, suits at law or in equity, necessary
or proper in order to fully carry out the provisions of this
act, or to enforce, maintain, protect or preserve any and all
rights, privileges and immunities created by this act, or
acquired in pursuance thereof; and in all courts, actions, suits
or proceedings, the said board may sue, appear and defend,
in person or by attorneys, and in the name of such irrigation
district. [1889-90 p 679 § 14; RRS § 7431. Formerly RCW
87.01.230.]
87.03.158 Officers, employees, agents—Legal
representation—Costs of defense. The board of directors
of an irrigation district may authorize an attorney of its
choosing to defend an officer, employee, or agent of the
district, present or former, who requests representation as a
result of an action, claim, or proceeding instituted against
him or her. The costs of defense, including attorney’s fees
and any obligation for payment arising from the action, may
be paid from district funds. Costs of defense, and judgment
or settlement not in the person’s favor, shall not be paid by
the district if the court finds the person was not acting in
good faith or within the scope of the person’s employment
or duties for the district. [1986 c 8 § 1.]
87.03.160 Group insurance—Purchase. The board
of directors of irrigation districts shall have the authority and
power to contract for and to pay the premium upon group
life, health and accident insurance upon its employees; and
to make all such insurance available to its directors, subject
to payment by the directors of all costs of insurance for
directors. [1975 c 14 § 1; 1951 c 159 § 1. Formerly RCW
87.01.225.]
Hospitalization and medical insurance authorized: RCW 41.04.180.
Hospitalization and medical insurance not deemed additional compensation:
RCW 41.04.190.
87.03.162 Liability insurance for officials and
employees. The board of directors of each irrigation district
may purchase liability insurance with such limits as they
may deem reasonable for the purpose of protecting their
officials and employees against liability for personal or
[Title 87 RCW—page 16]
bodily injuries and property damage arising from their acts
or omissions while performing or in good faith purporting to
perform their official duties. [1973 c 125 § 8.]
87.03.164 Liability insurance for officers and
employees authorized. See RCW 36.16.138.
87.03.165 Proposed works—Surveys, maps and
plans to be prepared. For the purpose of construction,
reconstruction, betterment, extension or acquisition of the
necessary property and rights therefor, and otherwise
carrying out the provisions of law relating to irrigation
districts, the board of directors of any such district must, as
soon after such district has been organized as may be practicable, and whenever thereafter the board deems it necessary
or expedient to raise additional money for said purpose,
cause the necessary surveys, examinations, maps and plans
to be made and shall demonstrate the practicability of the
general plan of the district’s proposed works and furnish the
proper basis for an estimate of the cost of carrying out the
same. [1923 c 138 § 7, part; RRS § 7431 1/2. Formerly
RCW 87.12.010, part and 87.16.010.]
Map of district: RCW 87.03.775.
87.03.170 Proposed works—Certification filed with
director of ecology. Such examinations, surveys, maps,
plans and specifications with estimates of cost as are deemed
necessary for an understanding of the proposed plan of
development shall be certified by the district board and its
engineer and filed with the state director of ecology at
Olympia, Washington. [1988 c 127 § 41; 1923 c 138 § 7,
part; RRS § 7431 1/2-1. Formerly RCW 87.12.020, part.]
87.03.175 Proposed works—Director’s findings to
district board. Said director shall forthwith consider said
certified report and if he deem it advisable make, through
the appropriate divisions of his department, additional studies
of the project at the expense of the district, and as soon as
practicable thereafter, but in any event within ninety days
from the receipt of said certified report, make his findings
and submit the same to the district board. [1923 c 138 § 7,
part; RRS § 7431 1/2-2. Formerly RCW 87.12.020, part.]
87.03.180 Proposed works—Substance of director’s
findings. In his findings said state director shall give
generally his conclusions regarding the supply of water
available for the project, the nature of the soil proposed to
be irrigated and its susceptibility to irrigation, the duty of
water for irrigation and the probable need of drainage, the
probable cost of works, water rights and other property
necessary for the project, the conditions of land settlement
therein, and the proper amount and dates of maturity of the
bonds proposed to be issued, and such other matters as he
deems pertinent to the success of the project, provided that
said findings and conclusions shall be advisory only and
shall not be binding upon the directors of the irrigation district. [1923 c 138 § 7, part; RRS § 7431 1/2-3. Formerly
RCW 87.12.030.]
(2002 Ed.)
Irrigation Districts Generally
87.03.185 Proposed works—Reclamation Service
may make findings. In the case of an irrigation district
under contract or in cooperation with the United States under
the provisions of the United States Reclamation Act, the
investigation and findings above required to be made by the
state director of ecology may be made by the United States
Reclamation Service with the same authority and under like
conditions, if it so elects. [1988 c 127 § 42; 1923 c 138 §
7, part; RRS § 7431 1/2-4. Formerly RCW 87.12.040.]
87.03.190 Proposed works—Plan of development—
Special election. Upon receipt of said findings the district
board shall thereupon finally determine the plan of development and estimate and determine the amount of money to be
raised and shall immediately thereafter call a special election
as provided by law. [1923 c 138 § 7, part; RRS § 7431 1/25. Formerly RCW 87.12.050.]
Elections are governed by irrigation district laws: RCW 87.03.030.
Post-organization district elections: RCW 87.03.085 through 87.03.110.
87.03.195 Proposed works—Certain irrigation
districts excepted. As to irrigation districts existing on
March 17, 1923, the provisions of RCW 87.03.165 through
87.03.190 relating to the filing of examinations, surveys,
maps, plans and specifications of the plan of development
with the director of ecology and to an examination and the
filing of findings and conclusions by that department, shall
not apply. [1988 c 127 § 43; 1923 c 138 § 8; RRS § 7431
1/2-6. Formerly RCW 87.12.010, part.]
87.03.200 Bonds—Election for—Form and contents—Exchange—Cancellation—Sale and issue—
Reissue—Election concerning contract with United
States—Penalty. (1) At the election provided for in RCW
87.03.190, there shall be submitted to the electors of said
district possessing the qualifications prescribed by law the
question of whether or not the bonds of said district in the
amount and of the maturities determined by the board of
directors shall be issued. Bonds issued under the provisions
of *this act shall be serial bonds payable in legal currency of
the United States in such series and amounts as shall be
determined and declared by the board of directors in the
resolution calling the election: PROVIDED, That the first
series shall mature not later than ten years and the last series
not later than forty years from the date thereof: PROVIDED
FURTHER, That bonds, authorized by a special election held
in the district under the provisions of a former statute, which
has subsequent to said authorization been amended, but not
issued prior to the amendment of said former statute, may be
issued in the form provided in said former statute, and any
such bonds heretofore or hereafter so issued and sold are
hereby confirmed and validated.
Notice of such bond election must be given by publication of such notice in some newspaper published in the
county where the office of the board of directors of such
district is required to be kept, once a week for at least two
weeks (three times). Such notices must specify the time of
holding the election, and the amount and maturities of bonds
proposed to be issued; and said election must be held and
the results thereof determined and declared in all respects as
nearly as practicable in conformity with the provisions of
(2002 Ed.)
87.03.185
law governing the election of the district officers: PROVIDED, That no informality in conducting such election shall
invalidate the same, if the election shall have been otherwise
fairly conducted. At such election the ballots shall contain
the words "Bonds Yes" and "Bonds No," or words equivalent thereto. If a majority of the votes cast are cast "Bonds
Yes," the board of directors shall thereupon have authority
to cause bonds in said amount and maturities to be issued.
If the majority of the votes cast at any bond election are
"Bonds No," the result of such election shall be so declared
and entered of record; but if contract is made or is to be
made with the United States as in RCW 87.03.140 provided,
and bonds are not to be deposited with the United States in
connection with such contract, the question submitted at such
special election shall be whether contract shall be entered
into with the United States. The notice of election shall state
under the terms of what act or acts of congress contract is
proposed to be made, and the maximum amount of money
payable to the United States for construction purposes
exclusive of penalties and interest. The ballots for such
election shall contain the words "Contract with the United
States Yes" and "Contract with the United States No," or
words equivalent thereto. And whenever thereafter said
board, in its judgment, deems it for the best interest of the
district that the question of issuance of bonds for said
amount, or any amount, or the question of entering into a
contract with the United States, shall be submitted to said
electors, it shall so declare, by resolution recorded in its
minutes, and may thereupon submit such question to said
electors in the same manner and with like effect as at such
previous election.
(2) All bonds issued under *this act shall bear interest
at such rate or rates as the board of directors may determine,
payable semiannually on the first day of January and of July
of each year. The principal and interest shall be payable at
the office of the county treasurer of the county in which the
office of the board of directors is situated, or if the board of
directors shall so determine at the fiscal agency of the state
of Washington in New York City, said place of payment to
be designated in the bond. The bonds may be in such
denominations as the board of directors may in its discretion
determine, except that bonds other than bond number one of
any issue shall be in a denomination that is a multiple of one
hundred dollars. Such bonds may be in any form, including
bearer bonds or registered bonds as provided in RCW
39.46.030. Said bonds shall be negotiable in form, signed
by the president and secretary, and the seal of the district
shall be affixed thereto. The printed, engraved, or lithographed facsimile signatures of the president and secretary
of the district’s board of directors shall be sufficient signatures on the bonds or any coupons: PROVIDED, That such
facsimile signatures on the bonds may be used only after the
filing, by the officer whose facsimile signature is to be used,
with the secretary of state of his manual signature certified
by him under oath, whereupon that officer’s facsimile
signature has the same legal effect as his manual signature:
PROVIDED, FURTHER, That either the president of the
board of directors’ or the secretary’s signature on the bonds
shall be manually subscribed: AND PROVIDED FURTHER, That whenever such facsimile reproduction of the
signature of any officer is used in place of the manual
signature of such officer, the district’s board of directors
[Title 87 RCW—page 17]
87.03.200
Title 87 RCW: Irrigation
shall specify in a written order or requisition to the printer,
engraver, or lithographer the number of bonds or any
coupons upon which such facsimile signature is to be
printed, engraved, or lithographed and the manner of
numbering the bonds or any coupons upon which such
signature shall be placed. Within ninety days after the
completion of the printing, engraving, or lithographing of
such bonds or any coupons, the plate or plates used for the
purpose of affixing the facsimile signature shall be destroyed, and it shall be the duty of the district’s board of
directors, within ninety days after receipt of the completed
bonds or any coupons, to ascertain that such plate or plates
have been destroyed. Every printer, engraver, or lithographer who, with the intent to defraud, prints, engraves, or
lithographs a facsimile signature upon any bond or any
coupon without written order of the district’s board of
directors, or fails to destroy such plate or plates containing
the facsimile signature upon direction of such issuing
authority, shall be guilty of felony.
(3) Whenever the electors shall vote to authorize the
issuance of bonds of the district such authorization shall
nullify and cancel all unsold bonds previously authorized,
and if the question is submitted to and carried by the electors
at the bond election, any bond issue may be exchanged in
whole or in part, at par, for any or all of a valid outstanding
bond issue of the district when mutually agreeable to the
owner or owners thereof and the district, and the amount of
said last bond issue in excess, if any, of that required for
exchange purposes, may be sold as in the case of an original
issue. The bonds of any issue authorized to be exchanged
in whole or in part for outstanding bonds shall state on their
face the amount of such issue so exchanged, and shall
contain a certificate of the treasurer of the district as to the
amount of the bonds exchanged, and that said outstanding
bonds have been surrendered and canceled: PROVIDED
FURTHER, That where bonds have been authorized and
unsold, the board of directors may submit to the qualified
voters of the district the question of canceling said previous
authorization, which question shall be submitted upon the
same notice and under the same regulations as govern the
submission of the original question of authorizing a bond
issue. At such election the ballots shall contain the words
"Cancellation Yes," and "Cancellation No," or words equivalent thereto. If at such election a majority of the votes shall
be "Cancellation Yes," the said issue shall be thereby
canceled and no bonds may be issued thereunder. If the
majority of said ballots shall be "Cancellation No," said
original authorization shall continue in force with like effect
as though said cancellation election had not been held:
PROVIDED, That bonds deposited with the United States in
payment or in pledge may call for the payment of such
interest at such rate or rates, may be of such denominations,
and call for the repayment of the principal at such times as
may be agreed upon between the board and the secretary of
the interior.
(4) Each issue shall be numbered consecutively as
issued, and the bonds of each issue shall be numbered
consecutively and bear date at the time of their issue. The
bonds may be in any form, including bearer bonds or
registered bonds as provided in RCW 39.46.030. Said bonds
shall express upon their face that they were issued by authority of **this act, stating its title and date of approval,
[Title 87 RCW—page 18]
and shall also state the number of issue of which such bonds
are a part. In case the money received by the sale of all
bonds issued be insufficient for the completion of plans of
the canals and works adopted, and additional bonds be not
voted, or a contract calling for additional payment to the
United States be not authorized and made, as the case may
be, it shall be the duty of the board of directors to provide
for the completion of said plans by levy of assessments
therefor. It shall be lawful for any irrigation districts which
have heretofore issued and sold bonds under the law then in
force, to issue in place thereof an amount of bonds not in
excess of such previous issue, and to sell the same, or any
part thereof, as hereinafter provided, or exchange the same,
or any part thereof, with the owners of such previously
issued bonds which may be outstanding, upon such terms as
may be agreed upon between the board of directors of the
district and the holders of such outstanding bonds: PROVIDED, That the question of such reissue of bonds shall
have been previously voted upon favorably by the legally
qualified electors of such district, in the same manner as required for the issue of original bonds, and the said board
shall not exchange any such bonds for a less amount in par
value of the bonds received; all of such old issue in place of
which new bonds are issued shall be destroyed whenever
lawfully in possession of said board. Bonds issued under the
provisions of this section may, when so authorized by the
electors, include a sum sufficient to pay the interest thereon
for a period not exceeding the first four years. Whenever an
issue of bonds shall have been authorized pursuant to law,
and any of the earlier series shall have been sold, and the
later series, or a portion thereof, remain unsold, the directors
may sell such later series pursuant to law, or such portion
thereof as shall be necessary to pay the earlier series, or said
directors may exchange said later series for the earlier series
at not less than the par value thereof, said sale or exchange
to be made not more than six months before the maturity of
said earlier series and upon said exchange being made the
maturing bonds shall be disposed of as hereinbefore provided
in the case of bonds authorized to be exchanged in whole or
in part for outstanding bonds.
(5) Notwithstanding subsections (1) through (4) of this
section, such bonds may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 213; 1977 ex.s. c
119 § 1; 1970 ex.s. c 56 § 95; 1969 ex.s. c 232 § 46; 1963
c 68 § 2; 1923 c 138 § 9; 1921 c 129 § 8; 1917 c 162 § 3A;
1915 c 179 § 7; 1895 c 165 § 5; 1889-90 p 679 § 15; RRS
§ 7432. Formerly RCW 87.16.020 through 87.16.070.]
Reviser’s note: *(1) "This act" appears to refer to 1921 c 129.
**(2) "This act" appears to refer to 1889-90 p. 679.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
87.03.205 Sections exclusive of other bonding
methods—Validation. The procedure outlined in RCW
87.03.165 through 87.03.190, 87.03.200, and in 87.03.210,
for the authorization, issuance and disposal of bonds as
heretofore constituted and shall hereafter constitute a method
independent and exclusive of that provided by any other
statute or statutes, for the authorization, issuance and dispos(2002 Ed.)
Irrigation Districts Generally
al of bonds of the district for any and all of the objects and
purposes in said sections provided, and any or all proceedings heretofore had, official acts heretofore performed or any
bonds heretofore authorized or issued or disposed of in substantial accordance with the provisions of said sections are
hereby validated and confirmed. [1933 ex.s. c 11 § 5; RRS
§ 7432 1/2. Formerly RCW 87.16.130.]
87.03.210 Sale or pledge of bonds. (1) The board
may sell the bonds of the district or pledge the same to the
United States from time to time in such quantities as may be
necessary and most advantageous to raise money for the
construction, reconstruction, betterment or extension of such
canals and works, the acquisition of said property and
property rights, the payment of outstanding district warrants
when consented to in writing by the director of ecology, and
to such extent as shall be authorized at said election, the
assumption of indebtedness to the United States for the
district lands, and otherwise to fully carry out the objects and
purposes of the district organization, and may sell such
bonds, or any of them, at private sale whenever the board
deems it for the best interest of the district so to do:
PROVIDED, That no election to authorize bonds to refund
outstanding warrants shall be held and canvassed after the
expiration of the year 1934. The board of directors shall
also have power to sell said bonds, or any portion thereof, at
private sale, and accept in payment therefor, property or
property rights, labor and material necessary for the construction of its proposed canals or irrigation works, power
plants, power sites and lines in connection therewith,
whenever the board deems it for the best interests of the
district so to do. If the board shall determine to sell the
bonds of the district, or any portion thereof, at public sale,
the secretary shall publish a notice of such sale for at least
three weeks in such newspaper or newspapers as the board
may order. The notice shall state that sealed proposals will
be received by the board, at its office, for the purchase of
the bonds to be sold, until the day and hour named in the
notice. At the time named in the notice, the board shall
open the proposals and award the purchase of the bonds to
the highest responsible bidder and may reject all bids:
PROVIDED, That such bonds shall not be sold for less than
ninety percent of their face value: AND PROVIDED,
FURTHER, That the proceeds of all bonds sold for cash
must be paid by the purchaser to the county treasurer of the
county in which the office of the board is located, and
credited to the bond fund.
(2) Notwithstanding subsection (1) of this section, such
bonds may also be issued and sold in accordance with
chapter 39.46 RCW. [1988 c 127 § 44; 1983 c 167 § 214;
1933 c 43 § 2; 1921 c 129 § 9; 1915 c 179 § 8; 1913 c 165
§ 7; 1895 c 165 § 6; 1889-90 p 681 § 16; RRS § 7433.
Formerly RCW 87.16.080.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.03.215 Payment of bonds and interest, other
indebtedness—Lien, enforcement of—Scope of section.
Said bonds and interest thereon and all payments due or to
become due to the United States or the state of Washington
under any contract between the district and the United States
(2002 Ed.)
87.03.205
or the state of Washington accompanying which bonds of the
district have not been deposited with the United States or the
state of Washington, as in RCW 87.03.140 provided, shall be
paid by revenue derived from an annual assessment upon the
real property of the district, and all the real property in the
district shall be and remain liable to be assessed for such
payments until fully paid as hereinafter provided. And in
addition to this provision and the other provisions herein
made for the payment of said bonds and interest thereon as
the same may become due, said bonds, or the contract with
the United States or the state of Washington accompanying
which bonds have not been deposited with the United States
or the state of Washington, shall become a lien upon all the
water rights and other property acquired by any irrigation
district formed under the provisions of this chapter, and upon
any canal or canals, ditch or ditches, flumes, feeders, storage
reservoirs, machinery and other works and improvements acquired, owned or constructed by said irrigation district, and
if default shall be made in the payment of the principal of
said bonds or interest thereon, or any payment required by
the contract with the United States, or the state of Washington, according to the terms thereof, the owner of said bonds,
or any part thereof or the United States or the state of
Washington as the case may be, shall have the right to enter
upon and take possession of all the water rights, canals,
ditches, flumes, feeders, storage reservoirs, machinery,
property and improvements of said irrigation district, and to
hold and control the same, and enjoy the rents, issues and
profits thereof, until the lien hereby created can be enforced
in a civil action in the same manner and under the same
proceedings as given in the foreclosure of a mortgage on real
estate. This section shall apply to all bonds heretofore
issued or any contract heretofore made with the United
States, or which may hereafter be issued or made by any district: PROVIDED, That when any such contract made after
December 1, 1981, between any district and the United
States or the state of Washington covers only the real
property in a portion or portions of the district, all payments
due or to become due to the United States or the state of
Washington shall be paid by revenue derived from an annual
assessment upon the real property only in that portion or
portions of the district covered by the contract and the real
property shall be and remain liable to be assessed for such
payments until fully paid and any assessment lien which
attaches thereto shall be the exclusive lien notwithstanding
other liens provided for in this section. In the event of a
contract between the district and the United States or the
state of Washington accompanying which bonds of the
district have not been deposited with the United States or the
state of Washington as provided in RCW 87.03.140 and the
contract covers real property in only a portion or portions of
the district, the question of whether the district should enter
the contract shall be submitted only to those qualified
electors who hold title or evidence of title to real property
within that portion or portions of the district and in the same
manner as provided in RCW 87.03.200. [1983 c 167 § 215;
1981 c 209 § 16; 1921 c 129 § 10; 1915 c 179 § 9; 1913 c
165 § 8; 1895 c 165 § 7; 1889-90 p 681 § 17; RRS § 7434.
Formerly RCW 87.16.090.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
[Title 87 RCW—page 19]
87.03.215
Title 87 RCW: Irrigation
Effective date—1981 c 209: "This act shall take effect December 1,
1981, and shall apply to assessments made in 1981 and thereafter." [1981
c 209 § 18.] For codification of 1981 c 209, see Codification Tables,
Volume 0.
87.03.220
87.19 RCW.
Refunding bonds, 1923 act. See chapter
87.03.225
87.22 RCW.
Refunding bonds, 1929 act. See chapter
87.03.230 Revenue bonds for water, power, drains,
sewers, sewage disposal, etc. See chapter 87.28 RCW.
87.03.235 Rights of federal agencies as to certain
district bonds. If the United States under any act of
congress or under rules and regulations adopted by the
secretary of the interior, shall be willing to guarantee the
interest upon bonds of any irrigation district, or shall be
willing to receive bonds of any such district in payment of,
or as security for payment upon, any contract of the United
States, then the United States shall have all the remedies
given by law to a bondholder, and, in cases of payment
under any guaranty, the United States shall be subrogated to
all the rights and remedies of the bondholder to the extent of
any such payment; and the United States, or its proper department officers, may make such rules and regulations as
may be necessary for the purpose of insuring the carrying
out of any plan or project which may have been approved by
them as the basis of any guaranty. [1915 c 99 § 6; RRS §
7435. Formerly RCW 87.16.100.]
87.03.240 Assessments, how and when made—
Assessment roll. Assessments made in order to carry out
the purpose of this act shall be made in proportion to the
benefits accruing to the lands assessed and equitable credit
shall be given to the lands having a partial or full water
right: PROVIDED, That nothing herein shall be construed
to affect or impair the obligation of any existing contract
providing for a water supply to lands so assessed, unless the
right under such contract shall first have been acquired by
said district, and in acquiring such rights, the district may
exercise the right of eminent domain.
The secretary must between the first Monday in March
and the first Tuesday in November each year prepare an
assessment roll with appropriate headings in which must be
listed all the lands within the district. In such book must be
specified, in separate columns, under the appropriate headings:
First, the name of the person to whom the property is
assessed. If the name is not known to the secretary, the
property shall be assessed to "unknown owners".
Second, land by township, range and section or fractional section, and when such land is not a legal subdivision, by
metes and bounds, or other description sufficient to identify
it, giving an estimate of the number of acres, city and town
lots, naming the city or town, and the number and block
according to the system of numbering in such city or town.
Assessors’ plat tax numbers used by county assessors
for general state and county taxes in the county where such
[Title 87 RCW—page 20]
land is situate may be used for such identification in such
assessment roll.
Third, in further columns with appropriate headings
shall be specified the ratio of benefits, or, when deemed by
the secretary more practicable, the per acre value, or the
amount of benefits, for general and special district and local
improvement district purposes, and the total amount assessed
against each tract of land.
Any property which may have escaped assessment for
any year or years, shall in addition to the assessment for the
then current year, be assessed for such year or years with the
same effect and with the same penalties as are provided for
such current year and any property delinquent in any year
may be directly assessed during the current year for any
expenses caused the district on account of such delinquency.
Where the district embraces lands lying in more than
one county the assessment roll shall be so arranged that the
lands lying in each county shall be segregated and grouped
according to the county in which the same are situated.
[1933 c 43 § 3; 1921 c 129 § 11; 1919 c 180 § 7; 1917 c
162 § 4; 1915 c 179 § 10; 1913 c 165 § 9; 1895 c 165 § 8;
1889-90 p 681 § 18; RRS § 7436. Formerly RCW
87.32.010, part and 87.32.020.]
Assessments
districts under contract with United States: Chapter 87.68 RCW.
when delinquent—Notice—Collection: RCW 87.03.270.
Certain excess lands, assessments against (director districts): RCW
87.04.100.
Director districts—Limit of levy until water is received (federal contracts):
RCW 87.04.090.
District elections (assessment roll): RCW 87.03.040.
Eminent domain: RCW 87.03.140 through 87.03.150.
Evidence of assessment, what is: RCW 87.03.420.
87.03.242 Exemption of farm and agricultural land
from special benefit assessments. See RCW 84.34.300
through 84.34.380 and 84.34.922.
87.03.245 Deputy secretaries for assessment. The
board of directors must allow the secretary as many deputies,
to be appointed by them, as will, in the judgment of the
board, enable him to complete the assessment within the
time herein prescribed. The board must fix the compensation of such deputies for the time actually engaged. [1919
c 180 § 8; 1895 c 165 § 9; 1889-90 p 682 § 19; RRS §
7437. Formerly RCW 87.08.180.]
87.03.250 Assessment roll to be filed—Notice of
equalization. On or before the first Tuesday in September
in each year to and including the year 1923, and on or
before the first Tuesday in November beginning with the
year 1924 and each year thereafter, the secretary must
complete his assessment roll and deliver it to the board, who
must immediately give a notice thereof, and of the time the
board of directors, acting as a board of equalization will
meet to equalize assessments, by publication in a newspaper
published in each of the counties comprising the district.
The time fixed for the meeting shall not be less than twenty
nor more than thirty days from the first publication of the
notice, and in the meantime the assessment roll must remain
in the office of the secretary for the inspection of all persons
(2002 Ed.)
Irrigation Districts Generally
interested. [1921 c 129 § 12; 1919 c 180 § 9; 1895 c 165
§ 10; 1889-90 p 682 § 20; RRS § 7438. Formerly RCW
87.32.030.]
87.03.255 Equalization of assessments. Upon the
day specified in the notice required by RCW 87.03.250 for
the meeting, the board of directors, which is hereby constituted a board of equalization for that purpose, shall meet and
continue in session from day to day as long as may be
necessary, not to exceed ten days, exclusive of Sundays, to
hear and determine such objections to the said assessment
roll as may come before them; and the board may change
the same as may be just. The secretary of the board shall be
present during its session, and note all changes made at said
hearing; and on or before the 30th day of October in each
year to and including the year 1923, and on or before the
15th day of January beginning with the [year] 1925 and each
year thereafter he shall have the assessment roll completed
as finally equalized by the board. [1921 c 129 § 13; 1919
c 180 § 10; 1915 c 179 § 11; 1889-90 p 682 § 21; RRS §
7439. Formerly RCW 87.32.040.]
87.03.260 Levies, amount—Special funds—Failure
to make levy, procedure. The board of directors shall in
each year before said roll is delivered by the secretary to the
respective county treasurers, levy an assessment sufficient to
raise the ensuing annual interest on the outstanding bonds,
and all payments due or to become due in the ensuing year
to the United States or the state of Washington under any
contract between the district and the United States or the
state of Washington accompanying which bonds of the
district have not been deposited with the United States or the
state of Washington as in this act provided. Beginning in
the year preceding the maturity of the first series of the
bonds of any issue, the board must from year to year
increase said assessment for the ensuing years in an amount
sufficient to pay and discharge the outstanding bonds as they
mature. Similar levy and assessment shall be made for the
expense fund which shall include operation and maintenance
costs for the ensuing year. The board shall also at the time
of making the annual levy, estimate the amount of all
probable delinquencies on said levy and shall thereupon levy
a sufficient amount to cover the same and a further amount
sufficient to cover any deficit that may have resulted from
delinquent assessments for any preceding year. The board
shall also, at the time of making the annual levy, estimate
the amount of the assessments to be made against lands
owned by the district, including local improvement assessments, and shall levy a sufficient amount to pay said assessments. All lands owned by the district shall be exempt
from general state and county taxes: PROVIDED, HOWEVER, That in the event any lands, and any improvements
located thereon, acquired by the district by reason of the
foreclosure of irrigation district assessments, shall be by said
district resold on contract, then and in that event, said land,
and any such improvements, shall be by the county assessor
immediately placed upon the tax rolls for taxation as real
property and shall become subject to general property taxes
from and after the date of said contract, and the secretary of
the said irrigation district shall be required to immediately
report such sale within ten days from the date of said
(2002 Ed.)
87.03.250
contract to the county assessor who shall cause the property
to be entered on the tax rolls as of the first day of January
following.
The board may also at the time of making the said
annual levy, levy an amount not to exceed twenty-five
percent of the whole levy for the said year for the purpose
of creating a surplus fund. This fund may be used for any
of the district purposes authorized by law. The assessments,
when collected by the county treasurer, shall constitute a
special fund, or funds, as the case may be, to be called
respectively, the "Bond Fund of . . . . . . Irrigation District,"
the "Contract Fund of . . . . . . Irrigation District," the
"Expense Fund of . . . . . . Irrigation District," the " Warrant
Fund of . . . . . . Irrigation District," the "Surplus Fund of
. . . . . . Irrigation District".
If the annual assessment roll of any district has not been
delivered to the county treasurer on or before the 15th day
of January in the year 1927, and in each year thereafter, he
shall notify the secretary of the district by registered mail
that said assessment roll must be delivered to the office of
the county treasurer forthwith. If said assessment roll is not
delivered within ten days from the date of mailing of said
notice to the secretary of the district, or if said roll when
delivered is not equalized and the required assessments
levied as required by law, or if for any reason the required
assessment or levy has not been made, the county treasurer
shall immediately notify the legislative authority of the
county in which the office of the board of directors is
situated, and said county legislative authority shall cause an
assessment roll for the said district to be prepared and shall
equalize the same if necessary and make the levy required
by this chapter in the same manner and with like effect as if
the same had been equalized and made by the said board of
directors, and all expenses incident thereto shall be borne by
the district. In case of neglect or refusal of the secretary of
the district to perform the duties imposed by law, then the
treasurer of the county in which the office of the board of
directors is situated must perform such duties, and shall be
accountable therefor, on his official bond, as in other cases.
At the time of making the annual levy in the year
preceding the final maturity of any issue of district bonds,
the board of directors shall levy a sufficient amount to pay
and redeem all bonds of said issue then remaining unpaid.
All surplus remaining in any bond fund after all bonds are
paid in full must be transferred to the surplus fund of the
district.
Any surplus moneys in the surplus fund or any surplus
moneys in the bond fund when so requested by the board of
directors shall be invested by the treasurer of said county
under the direction of said board of directors in United
States bonds or bonds of the state of Washington, or any
bonds pronounced by the treasurer of the state of Washington as valid security for the deposit of public funds, and in
addition thereto any bonds or warrants of said district, all of
which shall be kept in the surplus fund until needed by the
district for the purposes authorized by law. [1983 c 167 §
216; 1967 c 169 § 1; 1941 c 157 § 1; 1929 c 185 § 1; 1927
c 243 § 1; 1923 c 138 § 10; 1921 c 129 § 14; 1919 c 180 §
11; 1915 c 179 § 12; 1913 c 165 § 10; 1895 c 165 § 11;
1889-90 p 683 § 22; Rem. Supp. 1941 § 7440. Formerly
RCW 87.32.060, 87.32.070, 87.32.080, and 87.32.090.]
[Title 87 RCW—page 21]
87.03.260
Title 87 RCW: Irrigation
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Board’s powers and duties generally—Condemnation procedure: RCW
87.03.140.
Bonds—Election for, etc.: RCW 87.03.200.
Certain excess lands, assessment against: RCW 87.04.100.
Irrigation district L.I.D. guarantee fund: RCW 87.03.510.
Limit of levy until water is received (federal contracts—director districts):
RCW 87.04.090.
Payment of bonds and interest, other indebtedness—Lien, enforcement of—
Scope of section: RCW 87.03.215.
Power as to incurring indebtedness: RCW 87.03.475.
Rights of federal agencies as to certain district bonds: RCW 87.03.235.
Sale or lease of district personal property: RCW 87.03.135.
Sale or pledge of bonds: RCW 87.03.210.
87.03.265 Lien of assessment. The assessment upon
real property shall be a lien against the property assessed,
from and after the first day of January in the year in which
it is levied, but as between grantor and grantee such lien
shall not attach until the fifteenth day of February of the
year in which the assessment is payable, which lien shall be
paramount and superior to any other lien theretofore or
thereafter created, whether by mortgage or otherwise, except
for a lien for prior assessments, and such lien shall not be
removed until the assessments are paid or the property sold
for the payment thereof as provided by law. And the lien
for the bonds of any issue shall be a preferred lien to that of
any subsequent issue. Also the lien for all payments due or
to become due under any contract with the United States, or
the state of Washington, accompanying which bonds of the
district have not been deposited with the United States or the
state of Washington, as in RCW 87.03.140 provided, shall be
a preferred lien to any issue of bonds subsequent to the date
of such contract. [1939 c 171 § 2; 1921 c 129 § 15; 1915
c 179 § 13; 1913 c 165 § 11; 1889-90 p 684 § 23; RRS §
7441. Formerly RCW 87.32.100.]
Acquisition, construction and operating funds—Tolls and assessments,
alternative methods of—Liens, foreclosure of—Delinquencies by
tenants: RCW 87.03.445.
Delinquent assessments: Chapter 87.06 RCW.
87.03.270 Assessments, when delinquent—
Assessment book, purpose—Statement of assessments
due—Collection—Additional fee for delinquency. The
assessment roll, before its equalization and adoption, shall be
checked and compared as to descriptions and ownerships,
with the county treasurer’s land rolls. On or before the
fifteenth day of January in each year the secretary must
deliver the assessment roll or the respective segregation
thereof to the county treasurer of each respective county in
which the lands therein described are located, and said
assessments shall become due and payable on the fifteenth
day of February following.
All assessments on said roll shall become delinquent on
the first day of May following the filing of the roll unless
the assessments are paid on or before the thirtieth day of
April of said year: PROVIDED, That if an assessment is ten
dollars or more for said year and if one-half of the assessment is paid on or before the thirtieth day of April, the
remainder shall be due and payable on or before the thirtyfirst day of October following and shall be delinquent after
[Title 87 RCW—page 22]
that date. All delinquent assessments shall bear interest at
the rate of twelve percent per annum, computed on a
monthly basis and without compounding, from the date of
delinquency until paid.
Upon receiving the assessment roll the county treasurer
shall prepare therefrom an assessment book in which shall be
written the description of the land as it appears in the
assessment roll, the name of the owner or owners where
known, and if assessed to the unknown owners, then the
word "unknown", and the total assessment levied against
each tract of land. Proper space shall be left in said book
for the entry therein of all subsequent proceedings relating
to the payment and collection of said assessments.
On or before April 1st of each year, the treasurer of the
district shall send a statement of assessments due. County
treasurers who collect irrigation district assessments may
send the statement of irrigation district assessments together
with the statement of general taxes.
Upon payment of any assessment the county treasurer
must enter the date of said payment in said assessment book
opposite the description of the land and the name of the
person paying and give a receipt to such person specifying
the amount of the assessment and the amount paid with the
description of the property assessed.
It shall be the duty of the treasurer of the district to furnish upon request of the owner, or any person interested, a
statement showing any and all assessments levied as shown
by the assessment roll in his office upon land described in
such request. All statements of irrigation district assessments covering any land in the district shall show the
amount of the irrigation district assessment, the dates on
which the assessment is due, the place of payment, and, if
the property was sold for delinquent assessments in a prior
year, the amount of the delinquent assessment and the notation "certificate issued": PROVIDED, That the failure of the
treasurer to render any statement herein required of him shall
not render invalid any assessments made by any irrigation
district.
It shall be the duty of the county treasurer of any
county, other than the county in which the office of the
board of directors is located, to make monthly remittances to
the county treasurer of the county in which the office of the
board of directors is located covering all amounts collected
by him for the irrigation district during the preceding month.
When the treasurer collects a delinquent assessment, the
treasurer shall collect any other amounts due by reason of
the delinquency, including accrued costs, which shall be
deposited to the treasurer’s operation and maintenance fund.
[1988 c 134 § 13; 1982 c 102 § 1; 1981 c 209 § 1; 1967 c
169 § 2; 1939 c 171 § 3; 1933 c 43 § 4; 1931 c 60 § 2;
1929 c 181 § 1; 1921 c 129 § 16; 1919 c 180 § 12; 1917 c
162 § 5; 1915 c 179 § 14; 1913 c 165 § 12; 1913 c 13 § 2;
1895 c 165 § 12; 1889-90 p 684 § 24; RRS § 7442.
Formerly RCW 87.32.050.]
Effective date—1982 c 102: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect April
15, 1982." [1982 c 102 § 3.]
Effective date—1981 c 209: See note following RCW 87.03.215.
Assessments
districts under contract with United States: Chapter 87.68 RCW.
how and when made—Assessment roll: RCW 87.03.240.
(2002 Ed.)
Irrigation Districts Generally
Equalization of assessments: RCW 87.03.255.
Evidence of assessment, what is: RCW 87.03.420.
87.03.270
were the collection agent for such district to the extent of
such delinquent accounts. [1982 c 102 § 2; 1967 c 169 § 3.]
Effective date—1982 c 102: See note following RCW 87.03.270.
87.03.271 Lien for delinquent assessment to include
costs and interest. The lien for delinquent assessments
shall include the district’s and treasurer’s costs attributable
to the delinquency and interest at the rate of twelve percent
per year, computed monthly and without compounding, on
the assessments and costs. The word "costs" as used in this
section includes all costs of collection, including but not
limited to reasonable attorneys’ fees, publication costs, costs
of preparing certificates of delinquency, title searches, and
the costs of foreclosure proceedings. [1988 c 134 § 14.]
87.03.272 Secretary may act as collection agent of
nondelinquent assessments—Official bond—Collection
procedure—Delinquency list. Notwithstanding the provisions of RCW 87.03.260, 87.03.270, 87.03.440 and
87.03.445 the board of directors of any district acting as
fiscal agent for the United States or the state of Washington
for the collection of any irrigation charges may authorize the
secretary of the district to act as the exclusive collection
agent for the collection of all nondelinquent irrigation
assessments of the district pursuant to such rules and
regulations as the board of directors may adopt.
When the secretary acts as collection agent, his official
bond shall be of a sufficient amount as determined by the
board of directors of the district to cover any amounts he
may be handling while acting as collection agent, in addition
to any other amount required by reason of his other duties.
The assessment roll of such district shall be delivered to
the county treasurer in accordance with the provisions of
RCW 87.03.260 and 87.03.270 and the assessment roll shall
be checked and verified by the county treasurer as provided
in RCW 87.03.270.
After the assessment roll has been checked and verified
by the county treasurer, the secretary of the district shall
proceed to publish the notice as required under RCW
87.03.270; except that the notice shall provide that until the
assessments and tolls become delinquent on November 1st
they shall be due and payable in the office of the secretary
of the district.
When the secretary of such district receives payments,
he shall issue a receipt for such payments and shall be
accountable on his official bond for the safekeeping of such
funds and shall remit the same, along with an itemized
statement of receipts, at least once each month to the county
treasurer wherein the land is located on which the payment
was made.
When the county treasurer receives the monthly statement of receipts from the secretary, he shall enter the
payments shown thereon on the assessment roll maintained
in his office.
On the fifteenth day of November of each year it shall
be the duty of the secretary to transmit to the county
treasurer the delinquency list which shall include the names,
amounts and such other information as the county treasurer
shall require, and thereafter the secretary shall not accept any
payment on the delinquent portion of any account. Upon
receipt of the list of delinquencies, the county treasurer shall
proceed under the provisions of this chapter as though he
(2002 Ed.)
87.03.275 Medium of payment of assessments. All
assessments and tolls authorized under this act shall be paid
in legal tender of the United States except that assessments
and tolls levied for the expense fund of the district may be
paid with district warrants issued in payment for labor hired
by the district, at par without interest drawn on the expense
fund in the year in which the assessment to be paid thereby
is payable, or in the preceding year, and such warrants shall
be so accepted notwithstanding their serial numbers or their
order of issue as to then outstanding warrants: PROVIDED,
HOWEVER, That in no case shall the county treasurer be
authorized to pay any cash difference to the holders of any
warrant so offered in payment of such assessments and in
the event such warrant shall exceed the amount so applied
on assessments, the county treasurer shall issue to the holder
thereof a certificate directing the county auditor to issue to
such holder a district warrant on the same fund, bearing date
on which such lieu warrant is issued, for the difference
between the face or par amount of the warrant received by
the treasurer, without interest, and the amount credited on
said assessment. Upon the surrender of such lieu warrant
certificate the county auditor shall be authorized to issue and
deliver such lieu warrant. [1933 c 43 § 5; 1923 c 138 § 11;
RRS § 7442-1. Formerly RCW 87.32.120.]
87.03.277 Payment by credit cards, charge cards,
and other electronic communication. Irrigation districts
that have designated their own treasurers as provided in
RCW 87.03.440 may accept credit cards, charge cards, debit
cards, smart cards, stored value cards, federal wire, and
automatic clearinghouse system transactions, or other
electronic communication, for any payment of any kind
including, but not limited to, assessments, fines, interest,
penalties, special assessments, fees, rates, tolls and charges,
or moneys due irrigation districts. A payer desiring to pay
by a credit card, charge card, debit card, smart card, stored
value card, federal wire, automatic clearinghouse system, or
other electronic communication shall bear the cost of
processing the transaction in an amount determined by the
treasurer, unless the board of directors finds that it is in the
best interests of the district to not charge transaction processing costs for all payment transactions made for a specific
category of nonassessment payments due the district,
including, but not limited to, fines, interest not associated
with assessments, penalties not associated with assessments,
special assessments, fees, rates, tolls, and charges. The
treasurer’s cost determination shall be based upon costs
incurred by the treasurer and may not, in any event, exceed
the additional direct costs incurred by the district to accept
the specific form of payment used by the payer. [2002 c 53
§ 1.]
87.03.280 Cancellation of assessments due United
States—Procedure. Where any district under contract with
the United States has levied any assessment for the collection of money payable to the United States under such
contract, and the secretary of the interior has by agreement
[Title 87 RCW—page 23]
87.03.280
Title 87 RCW: Irrigation
with the board of directors of said district, authorized the
extension or cancellation of any payments due to the United
States by the cancellation of assessments already levied
therefor but remaining unpaid, the board of directors of such
district shall certify to the county treasurer of the county in
which the land is located, a statement of the year and
amounts assessed against each tract for which such
cancellation has been authorized, and the county treasurer,
upon receipt of such certificate, shall, in all cases where the
assessment remains unpaid and the lands have not been sold,
endorse upon the district’s assessment roll, "Corrected under
Certificate of Board of Directors" and shall deduct and
cancel from the assessment against each such tract the
amount of such assessment so authorized to be canceled; and
in all cases where such cancellations have been certified to
the county treasurer after such lands assessed have been sold
and before the period of redemption shall have expired, the
county treasurer shall, in those cases where the tract assessed
has been sold to the district, and the district is the owner of
the certificate of sale, require the district to surrender its
certificate of sale and shall thereupon deduct the amount of
such cancellation plus the penalties thereon upon the original
assessment roll with an endorsement, "Corrected under
Certificate of Board of Directors" and he shall thereupon
issue to the district in lieu of the certificate surrendered, a
substitute certificate of sale for the corrected amount of such
assessment, if any, remaining uncanceled, and shall file a
copy thereof in the office of the county auditor as in the case
of the original certificate surrendered, and such substitute
certificate shall entitle the holder thereof to all rights
possessed under the original certificate so corrected as to
amount: PROVIDED, HOWEVER, That such cancellation
shall have the same effect as though the lands had originally
not been assessed for the amounts so deducted and shall not
operate to bar the district of the right in making subsequent
annual assessments to levy and collect against such tracts the
amount of any money due the United States, including the
amount of any assessments so canceled. [1925 c 3 § 1; RRS
§ 7442-2. Formerly RCW 87.32.130.]
Board’s powers and duties (contracts with state and United States): RCW
87.03.140.
87.03.285
Segregation of assessment—
Authorization. Whenever in the discretion of the board of
directors of any irrigation district of the state as determined
by resolution, after an assessment roll has been filed with the
county treasurer of the appropriate county in accordance with
the laws of the state pertaining thereto, the irrigation district
assessments against any tract or parcel of land may be
segregated to apply against, and the lien may be divided
among, the various parcels of said tract as the same may be
hereafter divided, all in accordance herewith. [1951 c 205
§ 1. Formerly RCW 87.32.102.]
87.03.290 Segregation of assessment—Hearing.
When the irrigation district directors shall deem it advisable
to make such segregation of assessments they shall by
resolution fix the time and place for the hearing of the
question concerning the segregation of assessments, which
hearing may be at the next regular meeting of the directors
[Title 87 RCW—page 24]
of said irrigation district at its principal office. [1951 c 205
§ 2. Formerly RCW 87.32.103.]
87.03.295 Segregation of assessment—Notice of
hearing. Not less than ten days prior to the time and date
fixed for said hearing the directors of said irrigation district
shall cause notice of the time and place of said hearing to be
given by registered mail to every person, firm or corporation
having any interest in said property as shown by the county
assessor’s records or by the record of the irrigation district
within which said property is located and to the address
shown by said records, authorizing and directing that they
appear and be heard at said time and place. [1951 c 205 §
3. Formerly RCW 87.32.104.]
87.03.300 Segregation of assessment—Order. In the
event said hearing shall result in a determination that in the
discretion of the directors of said irrigation district it is
advisable that said assessments be segregated and apportioned among the various parcels of said tracts against which
the original total assessment was levied, then an order shall
be entered on the records of the directors of said irrigation
district determining said segregation, and a certified copy
thereof shall be filed with the county treasurer of the county
in which said assessment roll is filed. [1951 c 205 § 4.
Formerly RCW 87.32.105.]
87.03.305 Segregation of assessment—Amendment
of roll—Effect. Upon the filing of the certified copy of said
order the county treasurer shall alter and amend the original
assessment roll in accordance with said order and thereafter
the assessments will be a lien only as shown by said order
of segregation and the amended assessment roll as the same
shall affect the property upon which said segregation was
ordered. [1951 c 205 § 5. Formerly RCW 87.32.106.]
87.03.420 Evidence of assessment, what is. The
assessment book or delinquent list, or a copy thereof,
certified by the secretary, showing unpaid assessments
against any person or property, is prima facie evidence of
the assessment of the property assessed, the delinquency, the
amount of assessments due and unpaid, and that all the
forms of law in relation to the assessment and levy of such
assessment have been complied with. [1895 c 165 § 18;
1889-90 p 688 § 31; RRS § 7449. Formerly RCW
87.32.260.]
87.03.430 Bonds—Interest payments. Whenever
interest payments on bonds are due, the treasurer of the
county shall pay the same from the bond fund belonging to
the district and deposited with the treasurer. Whenever, after
ten years from the issuance of the bonds, the fund shall
amount to the sum of ten thousand dollars, the board of
directors may direct the treasurer to pay such an amount of
the bonds not due as the money in the fund will redeem, at
the lowest value at which they may be offered for liquidation, after advertising in a newspaper of general circulation
in the county for such period of time not less than four
weeks as the board shall order for sealed proposals for the
redemption of the bonds. The proposals shall be opened by
the board in open meeting, at a time to be named in the
(2002 Ed.)
Irrigation Districts Generally
notice, and the lowest bid for the bonds must be accepted:
PROVIDED, That no bond shall be redeemed under the
foregoing provision at a rate above par. In case the bids are
equal, the lowest numbered bond shall have the preference.
In case none of the owners of the bonds shall desire to have
the same redeemed, as herein provided for, the money shall
be invested by the treasurer of the county, under the direction of the board, in United States bonds, or the bonds of the
state, which shall be kept in the bond fund, and may be used
to redeem the district bonds whenever the owners thereof
may desire. [1985 c 469 § 88; 1983 c 167 § 217; 1921 c
129 § 22; 1895 c 165 § 20; 1889-90 p 688 § 34; RRS §
7451. Formerly RCW 87.16.110.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Power as to incurring indebtedness: RCW 87.03.475.
87.03.435 Construction work—Notice—Bids—
Contracts—Bonds. (1) Except as provided in subsections
(2) and (3) of this section and RCW 87.03.436, whenever in
the construction of the district canal or canals, or other
works, or the furnishing of materials therefor, the board of
directors shall determine to let a contract or contracts for the
doing of the work or the furnishing of the materials, a notice
calling for sealed proposals shall be published. The notice
shall be published in a newspaper in the county in which the
office of the board is situated, and in any other newspaper
which may be designated by the board, and for such length
of time, not less than once each week for two weeks, as may
be fixed by the board. At the time and place appointed in
the notice for the opening of bids, the sealed proposals shall
be opened in public, and as soon as convenient thereafter,
the board shall let the work or the contract for the purchase
of materials, either in portions or as a whole, to the lowest
responsible bidder, or the board may reject any or all bids
and readvertise, or may proceed to construct the work under
its own superintendence. All work shall be done under the
direction and to the satisfaction of the engineer of the
district, and be approved by the board. The board of
directors may require bidders submitting bids for the
construction or maintenance for any of the works of the
district, or for the furnishing of labor or material, to accompany their bids by a deposit in cash, certified check,
cashier’s check, or surety bond in an amount equal to five
percent of the amount of the bid and a bid shall not be
considered unless the deposit is enclosed with it. If the
contract is let, then all the bid deposits shall be returned to
the unsuccessful bidders. The bid deposit of the successful
bidder shall be retained until a contract is entered into for
the purchase of the materials or doing of such work, and a
bond given to the district in accordance with chapter 39.08
RCW for the performance of the contract. The performance
bond shall be conditioned as may be required by law and as
may be required by resolution of the board, with good and
sufficient sureties satisfactory to the board, payable to the
district for its use, for at least twenty-five percent of the
contract price. If the successful bidder fails to enter into a
contract and furnish the necessary bond within twenty days
from the award, exclusive of the day of the award, the bid
deposit shall be forfeited to the district and the contract may
then be awarded to the second lowest bidder.
(2002 Ed.)
87.03.430
(2) The provisions of this section in regard to public
bidding shall not apply in cases where the board is authorized to exchange bonds of the district in payment for labor
and material.
(3) The provisions of this section do not apply:
(a) In the case of any contract between the district and
the United States;
(b) In the case of an emergency when the public interest
or property of the district would suffer material injury or
damage by delay, upon resolution of the board of directors
or proclamation of an official designated by the board to act
for the board during such emergencies. The resolution or
proclamation shall declare the existence of the emergency
and recite the facts constituting the emergency; or
(c) To purchases which are clearly and legitimately
limited to a single source of supply or to purchases involving
special facilities, services, or market conditions, in which
instances the purchase price may be best established by
direct negotiation. [1997 c 354 § 3; 1990 c 39 § 1; 1984 c
168 § 3; 1915 c 179 § 17; 1913 c 165 § 18; 1895 c 165 §
21; 1889-90 p 689 § 35; RRS § 7452. Formerly RCW
87.08.020.]
Official paper for publication: RCW 87.03.020.
Public contracts—Contractor’s bond: Chapter 39.08 RCW.
87.03.436 Small works roster. All contract projects,
the estimated cost of which is less than one hundred thousand dollars, may be awarded to a contractor on the small
works roster. The small works roster shall be comprised of
all responsible contractors who have requested to be on the
list. The board of directors shall authorize by resolution a
procedure for securing telephone and/or written quotations
from the contractors on the small works roster to assure
establishment of a competitive price and for awarding
contracts to the lowest responsible bidder. Such procedure
shall require that a good-faith effort be made to request
quotations from all responsible contractors on the small
works roster. Immediately after an award is made, the bid
quotations obtained shall be recorded, open to public
inspection, and available by telephone inquiry. The small
works roster shall be revised once a year. [1990 c 39 § 2.]
87.03.437 Competitive bids—Use of purchase
contract process in RCW 39.04.190. (1) Purchases of any
materials, supplies, or equipment by the district shall be
based on competitive bids except as provided in RCW
87.03.435 and 39.04.280. A formal sealed bid procedure
shall be used as standard procedure for the purchases made
by irrigation districts. However, the board may by resolution
adopt a policy to waive formal sealed bidding procedures for
purchases of any materials, supplies, or equipment for an
amount set by the board not to exceed ten thousand dollars
for each purchase.
(2) The directors may by resolution adopt a policy to
use the process provided in RCW 39.04.190 for purchases of
materials, supplies, or equipment when the estimated cost is
between the amount established by the board under subsection (1) of this section and a maximum amount set by
resolution adopted by the board for purchases up to fifty
thousand dollars exclusive of sales tax. [1999 c 234 § 2.]
[Title 87 RCW—page 25]
87.03.438
Title 87 RCW: Irrigation
87.03.438 "County treasurer," "treasurer of the
county," defined. As used in this chapter, in accordance
with RCW 87.03.440, the term "county treasurer" or "treasurer of the county" or other reference to that office means
the treasurer of the district, if the district has designated its
own treasurer, unless the context clearly requires otherwise.
[1979 ex.s. c 185 § 16.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.03.440 Treasurer—County treasurer as ex officio
district treasurer—Designated district treasurer—Duties
and powers—Bond—Claims—Preliminary notice requirements when claim for crop damage. The treasurer of the
county in which is located the office of the district shall be
ex officio treasurer of the district, and any county treasurer
handling district funds shall be liable upon his or her official
bond and to criminal prosecution for malfeasance and
misfeasance, or failure to perform any duty as county or
district treasurer. The treasurer of each county in which
lands of the district are located shall collect and receipt for
all assessments levied on lands within his or her county.
There shall be deposited with the district treasurer all funds
of the district. The district treasurer shall pay out such funds
upon warrants issued by the county auditor against the
proper funds of the district, except the sums to be paid out
of the bond fund for interest and principal payments on
bonds: PROVIDED, That in those districts which designate
their own treasurer, the treasurer may issue the warrants or
any checks when the district is authorized to issue checks.
All warrants shall be paid in the order of their issuance. The
district treasurer shall report, in writing, on the first Monday
in each month to the directors, the amount in each fund, the
receipts for the month preceding in each fund, and file the
report with the secretary of the board. The secretary shall
report to the board, in writing, at the regular meeting in each
month, the amount of receipts and expenditures during the
preceding month, and file the report in the office of the
board.
The preceding paragraph of this section notwithstanding,
the board of directors or board of control of an irrigation
district which lies in more than one county and which had
assessments in each of two of the preceding three years
equal to at least five hundred thousand dollars, or a board of
joint control created under chapter 87.80 RCW, may designate some other person having experience in financial or
fiscal matters as treasurer of the district. In addition, the
board of directors of an irrigation district which lies entirely
within one county may designate some other person having
experience in financial or fiscal matters as treasurer of the
district if the district had assessments, tolls, and miscellaneous collections in each of two of the preceding three years
equal to at least two million dollars or if the board has the
approval of the county treasurer to designate some other
person. If a board designates a treasurer, it shall require a
bond with a surety company authorized to do business in the
state of Washington in an amount of two hundred fifty
thousand dollars conditioned that he or she will faithfully
perform the duties of his or her office as treasurer of the
district. The premium on the bond shall be paid by the
district. The designated treasurer shall collect and receipt for
all irrigation district assessments on lands within the district
[Title 87 RCW—page 26]
and shall act with the same powers and duties and be under
the same restrictions as provided by law for county treasurers acting in matters pertaining to irrigation districts, except
the powers, duties, and restrictions in RCW 87.56.110 and
87.56.210 which shall continue to be those of county
treasurers.
In those districts which have designated their own
treasurers, the provisions of law pertaining to irrigation
districts which require certain acts to be done and which
refer to and involve a county treasurer or the office of a
county treasurer or the county officers charged with the
collection of irrigation district assessments, except RCW
87.56.110 and 87.56.210 shall be construed to refer to and
involve the designated district treasurer or the office of the
designated district treasurer.
Any claim against the district for which it is liable
under existing laws shall be presented to the board as
provided in RCW 4.96.020 and upon allowance it shall be
attached to a voucher and approved by the chairman and
signed by the secretary and directed to the proper official for
payment: PROVIDED, That in the event claimant’s claim
is for crop damage, the claimant in addition to filing his or
her claim within the applicable period of limitations within
which an action must be commenced and in the manner
specified in RCW 4.96.020 must file with the secretary of
the district, or in the secretary’s absence one of the directors,
not less than three days prior to the severance of the crop
alleged to be damaged, a written preliminary notice pertaining to the crop alleged to be damaged. Such preliminary
notice, so far as claimant is able, shall advise the district;
that the claimant has filed a claim or intends to file a claim
against the district for alleged crop damage; shall give the
name and present residence of the claimant; shall state the
cause of the damage to the crop alleged to be damaged and
the estimated amount of damage; and shall accurately locate
and describe where the crop alleged to be damaged is
located. Such preliminary notice may be given by claimant
or by anyone acting in his or her behalf and need not be
verified. No action may be commenced against an irrigation
district for crop damages unless claimant has complied with
the provisions of RCW 4.96.020 and also with the preliminary notice requirements of this section. [1996 c 320 § 18;
1996 c 214 § 1; 1993 c 449 § 12; 1983 c 167 § 218; 1979
c 83 § 1; 1977 ex.s. c 367 § 1; 1969 c 89 § 1; 1967 c 164
§ 15; 1961 c 276 § 2. Prior: 1937 c 216 § 1, part; 1929 c
185 § 3, part; 1923 c 138 § 13, part; 1921 c 129 § 23, part;
1913 c 165 § 19, part; 1895 c 165 § 22, part; 1889-90 p 690
§ 36, part; RRS § 7453, part. Formerly RCW 87.08.030.]
Reviser’s note: This section was amended by 1996 c 214 § 1 and by
1996 c 320 § 18, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Purpose—Severability—1993 c 449: See notes following RCW
4.96.010.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
"County treasurer," "treasurer of the county," defined: RCW 87.03.438,
87.28.005.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages, procedure: Chapter
4.96 RCW.
(2002 Ed.)
Irrigation Districts Generally
87.03.441 Temporary funds. The directors may
provide by resolution that the secretary may deposit the
following temporary funds in a local bank in the name of the
district: (1) A fund to be known as "general fund" in which
shall be deposited all moneys received from the sale of land,
except such portion thereof as may be obligated for bond
redemption, and all rentals, tolls, and all miscellaneous
collections. This fund shall be transmitted to the district
treasurer or disbursed in such manner as the directors may
designate. (2) A fund to be known as "fiscal fund" in which
shall be deposited all collections made by the district as
fiscal agent of the United States. (3) A "revolving fund" in
such amount as the directors shall by resolution determine,
acquired by the issue of coupon or registered warrants or by
transfer of funds by warrant drawn upon the expense fund.
This fund may be disbursed by check signed by the secretary
or such other person as the board may designate, in the
payment of such expenditures as the board may deem
necessary. This fund shall be reimbursed by submitting
copies of approved vouchers and/or copy of payrolls to the
county auditor with a claim voucher specifying the fund
upon which warrants for such reimbursements shall be
drawn. The warrants for such reimbursements shall be made
out by the auditor to the "secretary’s revolving fund." [1983
c 167 § 219; 1979 c 83 § 2; 1961 c 276 § 3. Prior: 1937
c 216 § 1, part; 1929 c 185 § 3, part; 1923 c 138 § 13, part;
1921 c 129 § 23, part; 1913 c 165 § 19, part; 1895 c 165 §
22, part; 1889-90 p 690 § 36, part; RRS § 7453, part.
Formerly RCW 87.08.040.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.03.442 Bonds of secretary and depositaries. The
secretary or other authorized person shall issue receipts for
all moneys received for deposit in such funds and he and
any other person handling the funds shall furnish a surety
bond to be approved by the board and the attorney for the
district, in such amount as the board may designate and
conditioned for the safekeeping of such funds and the
premium thereon shall be paid by the district.
Upon depositing any district funds the secretary shall
demand and the depositary bank shall furnish a surety bond,
to be approved by the board and the attorney, in an amount
equal to the maximum deposit, conditioned for the prompt
payment of the deposits upon demand, and the bond shall
not be canceled during the time for which it was written. Or
the depositary may deposit with the secretary or in some
bank to the credit of the district in lieu of the bond, securities approved by the board of a market value in an amount
not less than the amount of the maximum deposit. All
depositaries which have qualified for insured deposits under
any federal deposit insurance act need not furnish bonds or
securities, except for so much of the deposit as is not so
insured. [1961 c 276 § 4. Prior: 1937 c 216 § 1, part;
1929 c 185 § 3, part; 1923 c 138 § 13, part; 1921 c 129 §
23, part; 1913 c 165 § 19, part; 1895 c 165 § 22, part; 188990 p 690 § 36, part; RRS § 7453, part. Formerly RCW
87.08.050.]
Conviction of public officer forfeits trust: RCW 9.92.120.
Income from sale of electricity: RCW 87.03.450.
Misconduct of public officers: Chapter 42.20 RCW.
(2002 Ed.)
87.03.441
Office to be declared vacant on conviction: RCW 36.18.180.
Penalty for
failure to pay over fees: RCW 36.18.170.
taking illegal fees: RCW 36.18.160.
Power as to incurring indebtedness: RCW 87.03.475.
Public officers—Forfeiture or impeachment, rights preserved: RCW
42.04.040.
Suspension of treasurer: RCW 36.29.090.
87.03.443 Upgrading and improvement fund
authorized—Deposits—Use of funds. There may be
created for each irrigation district a fund to be known as the
upgrading and improvement fund. At least five percent of
the revenue of each irrigation district may annually be placed
into its upgrading and improvement fund. Moneys from the
upgrading and improvement fund may only be used to
modernize, improve or upgrade the irrigation facilities of the
irrigation district or to respond to an emergency affecting
such facilities. [1979 ex.s. c 263 § 4.]
Severability—1979 ex.s. c 263: See note following RCW
43.83B.300.
87.03.445 Acquisition, construction and operating
funds—Tolls and assessments, alternative methods of—
Liens, foreclosure of—Delinquencies by tenants. (1) The
cost and expense of purchasing and acquiring property, and
construction, reconstruction, extension, and betterment of the
works and improvements herein provided for, and the
expenses incidental thereto, and indebtedness to the United
States for district lands assumed by the district, and for the
carrying out of the purposes of this chapter, may be paid for
by the board of directors out of the funds received from
bond sales as well as other district funds.
(2) For the purpose of defraying the costs and expenses
of the organization of the district, and of the care, operation,
management, maintenance, repair, and improvement of the
district and its irrigation water, domestic water, electric
power, drainage, or sewer facilities or of any portion thereof,
or for the payment of any indebtedness due the United States
or the state of Washington, or for the payment of district
bonds, the board may either fix rates or tolls and charges,
and collect the same from all persons for whom district
service is made available for irrigation water, domestic
water, electric power, drainage or sewerage, and other
purposes, or it may provide for the payment of said costs
and expenses by a levy of assessment therefor, or by both
said rates or tolls and charges and assessment.
(3) If the assessment method is utilized, the levy of
assessments shall be made on the completion and equalization of the assessment roll each year, and the board shall
have the same powers and functions for the purpose of said
levy as possessed by it in case of levy to pay bonds of the
district. The procedure for the collection of assessments by
such levy shall in all respects conform with the provisions of
this chapter, relating to the collection of assessments for the
payment of principal and interest of bonds herein provided
for, and shall be made at the same time.
(4) If the rates or tolls and charges method is adopted
in whole or in part, the secretary shall deliver to the board
of directors, within the time for filing the assessment roll, a
schedule containing the names of the owners or reputed
owners, as shown on the rolls of the county treasurer as of
[Title 87 RCW—page 27]
87.03.445
Title 87 RCW: Irrigation
the first Tuesday in November of each year such a schedule
is filed of the various parcels of land against which rates or
tolls and charges are to be levied, the description of each
such parcel of land and the amount to be charged against
each parcel for irrigation water, domestic water, electric
power, drainage, sewerage, and other district costs and
expenses. Said schedule of rates or tolls and charges shall
be equalized pursuant to the same notice, in the same
manner, at the same time and with the same legal effect as
in the case of assessments. Such schedule of rates or tolls
and charges for a given year shall be filed with the proper
county treasurer within the same time as that provided by
law for the filing of the annual assessment roll, and the
county treasurer shall collect and receipt for the payment of
said rates or tolls and charges and credit them to the proper
funds of the district. The board may designate the time and
manner of making such collections and shall require the
same to be paid in advance of delivery of water and other
service. All tolls and charges levied shall also at once
become and constitute an assessment upon and against the
lands for which they are levied, with the same force and
effect, and the same manner of enforcement, and with the
same rate of interest from date of delinquency, in case of
nonpayment, as other district assessments.
(5) As an alternative method of imposing, collecting,
and enforcing such rates or tolls and charges, the board may
also base such rates or tolls and charges upon the quantity of
irrigation water, domestic water, or electric power delivered,
or drainage or sewage disposed of, and may fix a minimum
rate or toll and charge to be paid by each parcel of land or
use within the district for the delivery or disposal of a stated
quantity of each such service with a graduated charge for
additional quantities of such services delivered or disposed
of. If the board elects to utilize this alternative method of
imposing, collecting, and enforcing such rates or tolls and
charges, there shall be no requirement that the schedule
referred to in the preceding paragraph be prepared, be filed
with the board of directors by the secretary, be equalized, or
be filed with a county treasurer. The board shall enforce
collection of such rates or tolls and charges against property
to which and its owners to whom the service is available,
such rates or tolls and charges being deemed charges and a
lien against the property to which the service is available,
until paid in full. Prior to furnishing services, a board may
require a deposit to guarantee payment for services. However, failure to require a deposit does not affect the validity of
any lien authorized by this section.
(6) The board may provide by resolution that where
such rates or tolls and charges are delinquent for any
specified period of time, the district shall certify the delinquencies to the treasurer of the county in which the real
property is located, and the charges and any penalties added
thereto and interest thereon at the rate not to exceed twelve
percent per annum fixed by resolution shall be a lien against
the property to which the service was available, subject only
to the lien for general taxes. The district may, at any time
after such rates or tolls and charges and penalties provided
for herein are delinquent for a period of one year, bring suit
in foreclosure by civil action in the superior court of the
county in which the real property is situated.
(7) A board may determine how to apply partial
payments on past due accounts.
[Title 87 RCW—page 28]
(8) A board may provide a real property owner or the
owner’s designee with duplicate bills for service to tenants,
or may notify an owner or the owner’s designee that a
tenant’s service account is delinquent. However, if an owner
or the owner’s designee notifies the board in writing that a
property served by the board is a rental property, asks to be
notified of a tenant’s delinquency, and has provided, in
writing, a complete and accurate mailing address, the board
shall notify the owner or the owner’s designee of a tenant’s
delinquency at the same time and in the same manner the
board notifies the tenant of the tenant’s delinquency or by
mail. When a district provides a real property owner or the
owner’s designee with duplicates of tenant utility service
bills or notice that a tenant’s utility account is delinquent, the
district shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner’s
designee. After January 1, 1999, if a board fails to notify
the owner of a tenant’s delinquency after receiving a written
request to do so and after receiving the other information
required by this subsection (8), the board shall have no lien
against the premises for the tenant’s delinquent and unpaid
charges.
(9) The court may allow, in addition to the costs and
disbursements provided by statute, such attorneys’ fees as it
may adjudge reasonable. The action shall be in rem against
the property, and in addition may be brought in the name of
the district against an individual, or against all of those who
are delinquent, in one action, and the rules of the court shall
control as in other civil actions. The board may in the same
year use the assessment method for part of the lands in the
district and the rates or tolls and charges method for the
remaining lands in the district in such proportion as it may
deem advisable for the best interest of the district.
(10) The procedures herein provided for the collection
and enforcement of rates, tolls, and charges also shall be
applicable and available to the districts board of directors for
the collection and enforcement of charges for water imposed
by contract entered into or administered by the district’s
board of directors. [2001 c 149 § 4; 1998 c 285 § 3; 1979
ex.s. c 185 § 5; 1939 c 171 § 7; 1931 c 60 § 5; 1929 c 185
§ 4; 1915 c 179 § 18; 1913 c 165 § 20; 1889-90 p 690 § 37;
RRS § 7454. Formerly RCW 87.08.060.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
Assessments, when delinquent—Notice—Collection—Additional fee for
delinquency: RCW 87.03.270.
Board’s powers and duties generally—Condemnation procedure: RCW
87.03.140.
Bonds—Election for—Form and contents—Facsimile signatures, when,
procedure—Exchange—Cancellation—Sale and issue—Reissue—
Election concerning contract with United States—Penalty: RCW
87.03.200.
Equalization of assessments: RCW 87.03.255.
Levies, amount—Special funds—Failure to make levy, procedure: RCW
87.03.260.
Lien of assessments: RCW 87.03.265.
Payment of bonds and interest, other indebtedness—Lien, enforcement of—
Scope of section: RCW 87.03.215.
Property taxes—Listing of property: Chapter 84.40 RCW.
Sale or pledge of bonds: RCW 87.03.210.
(2002 Ed.)
Irrigation Districts Generally
87.03.450 Income from sale of electricity. All
income derived from the sale, delivery and distribution of
electrical energy, shall be deposited with the county treasurer
of the county in which the office of the board of directors of
the district is located, and shall be apportioned to such fund
or funds of the district authorized by law, as the board of
directors shall deem advisable, including, but not limited to
the payment of district bonds or any portion of the same for
which such revenues have been pledged and thereafter said
income, or such portion thereof so pledged, shall be placed
by the county treasurer to the credit of the fund from which
said bonds are required to be paid until the same or the
portion thereof secured by such pledge are fully paid. [1979
ex.s. c 185 § 6; 1933 c 31 § 2; RRS § 7454-1. Formerly
RCW 87.08.070.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
Office of board: RCW 87.03.115.
87.03.455 District’s right to cross other property.
The board of directors shall have power to construct the
*said works across any stream of water, water course, street,
avenue, highway, railway, canal, ditch or flume, which the
route of said canal or canals may intersect or cross, in such
manner as to afford security for life and property; but said
board shall restore the same when so crossed or intersected,
to its former state as near as may be, or in a sufficient
manner not to have impaired unnecessarily its usefulness;
and every company whose railroad shall be intersected or
crossed by *said works, shall unite with said board in
forming said intersections and crossings, and grant the
privileges aforesaid; and if such railroad company and said
board, or the owners and controllers of the said property,
thing or franchise so to be crossed, can not agree upon the
amount to be paid therefor, or the points or the manner of
said crossings or intersections, the same shall be ascertained
and determined in all respects as is herein provided in
respect to the taking of land. The right-of-way is hereby
given, dedicated and set apart, to locate, construct and
maintain said works over and through any of the lands which
are now or may be the property of this state; and also there
is given, dedicated and set apart, for the uses and purposes
aforesaid, all waters and water rights belonging to this state
within the district. [1889-90 p 691 § 38; RRS § 7455.
Formerly RCW 87.08.160.]
*Reviser’s note: The "said works" apparently refers to those
specified in RCW 87.03.445.
Condemnation: RCW 87.03.140 through 87.03.150.
87.03.460 Compensation and expenses of directors,
officers, employees. In addition to their reasonable expenses in accordance with chapter 42.24 RCW, the directors shall
each receive an amount for attending meetings and while
performing other services for the district. The amount shall
be fixed by resolution and entered in the minutes of the
proceedings of the board. It shall not exceed seventy dollars
for each day or portion thereof spent by a director for such
attendance or performance. The total amount of such
additional compensation received by a director may not
exceed six thousand seven hundred twenty dollars in a calen-
(2002 Ed.)
87.03.450
dar year. The board shall fix the compensation of the
secretary and all other employees.
Any director may waive all or any portion of his or her
compensation payable under this section as to any month or
months during his or her term of office, by a written waiver
filed with the secretary as provided in this section. The
waiver, to be effective, must be filed any time after the
director’s election and prior to the date on which the
compensation would otherwise be paid. The waiver shall
specify the month or period of months for which it is made.
[1998 c 121 § 14; 1990 c 38 § 1; 1984 c 168 § 4; 1980 c 23
§ 1; 1979 c 83 § 3; 1975 1st ex.s. c 163 § 2; 1965 c 16 § 1;
1951 c 189 § 1; 1919 c 180 § 14; 1917 c 162 § 8; 1895 c
165 § 23; 1889-90 p 692 § 39; RRS § 7456. Formerly
RCW 87.08.100.]
87.03.470 Special assessments—Election—Notes.
(1) The board of directors may, at any time when in their
judgment it may be advisable, call a special election and
submit to the qualified electors of the district the question
whether or not a special assessment shall be levied for the
purpose of raising money to be applied to any of the
purposes provided in this chapter including any purpose for
which the bonds of the district or the proceeds thereof might
be lawfully used. Such election must be called upon the
notice prescribed, and the same shall be held and the result
thereof determined and declared in all respects in conformity
with the provisions of RCW 87.03.200. The notice must
specify the amount of money proposed to be raised and the
purpose for which it is intended to be used and the number
of installments in which it is to be paid. At such election
the ballot shall contain the words "Assessment Yes" and
"Assessment No." If the majority of the votes cast are
"Assessment Yes" the board may immediately or at intervals
thereafter incur indebtedness to the amount of said special
assessment for any of the purposes for which the proceeds
of said assessment may be used, and may provide for the
payment of said indebtedness by the issue and sale of notes
of the district to an amount equal to said authorized indebtedness, which notes shall be payable in such equal installments not exceeding three in number as the board shall
direct. Said notes shall be payable by assessments levied at
the time of the regular annual levy each year thereafter until
fully paid. The amount of the assessments to be levied shall
be ascertained by adding fifteen percent for anticipated
delinquencies to the whole amount of the indebtedness
incurred and interest. Each assessment so levied shall be
computed and entered on the assessment roll by the secretary
of the board, and collected at the same time and in the same
manner as other assessments provided for herein, and when
collected shall be paid to the county treasurer of the county
to the credit of said district, for the purposes specified in the
notice of such special election: PROVIDED, HOWEVER,
That the board of directors may at their discretion issue said
notes in payment for labor or material, or both, used in
connection with the purposes for which such indebtedness
was authorized. Notes issued under this section shall bear
interest at a rate determined by the board, payable semiannually. Such notes may be in any form, including bearer notes
or registered notes as provided in RCW 39.46.030.
[Title 87 RCW—page 29]
87.03.470
Title 87 RCW: Irrigation
(2) Notwithstanding subsection (1) of this section, such
notes may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 220; 1981 c 156 § 28; 1921 c
129 § 24; 1915 c 179 § 19; 1895 c 165 § 24; 1889-90 p 692
§ 41; RRS § 7458. Formerly RCW 87.32.110.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Assessments: RCW 87.03.240 through 87.03.255, 87.03.265 through
87.03.305.
Ballots in all elections: RCW 87.03.075.
Elections are governed by irrigation district laws: RCW 87.03.030.
87.03.475 Power as to incurring indebtedness. (1)
The board shall incur no debt or liability in excess of the
express provisions of this title. It may without an election
and levy therefor pay the necessary costs and expenses of
organizing and may make surveys, do engineering work, and
conduct a general investigation to determine the feasibility
of the proposed irrigation project, and may incur an indebtedness therefor prior to levy, which indebtedness on account
of surveys, engineering and investigations shall not exceed
fifty cents an acre, and shall be assessable against the lands
within the district. In cases of emergency, making it
necessary to incur indebtedness in order to continue the
operation of the irrigation system or any part thereof, the
board by resolution may incur such indebtedness not
exceeding the amount actually necessary to meet the requirements of the emergency. It may incur indebtedness necessary to carry on the ordinary administrative affairs of the
district and if the district acquires an irrigation system before
making its first regular annual levy, the board may incur
such indebtedness necessary to pay the ordinary expenses of
operation and maintenance until the regular annual levy is
made.
The board may issue warrants for the payment of any
indebtedness incurred under this section, which shall bear
interest at a rate or rates determined by the board, and it
shall include in its next annual levy for the payment of the
expenses of operation and maintenance, the amount of all
warrants issued by virtue hereof.
The board may issue as a general obligation of the
district coupon or registered warrants in denominations not
in excess of five hundred dollars, bearing interest as determined by the board. Such warrants may be registered as
provided in RCW 39.46.030. Such warrants shall mature in
not more than five years and may be used, or the proceeds
thereof, in the purchase of grounds and buildings, machinery,
vehicles, tools or other equipment for use in operation,
maintenance, betterment, reconstruction or local improvement work, and for creating a revolving fund for carrying on
such work as in this title provided. The proceeds of the
warrants shall be paid to the district treasurer who shall
place them in an appropriate fund and pay them out upon
warrants of the district. The maximum indebtedness hereby
authorized shall not exceed one dollar per acre of the total
irrigable area within the district. No warrant shall be sold
for less than par. They shall state on their face that they are
a general obligation of the district, the purposes for which
they are used, and that they are payable on or before
maturity. They shall be retired by assessments levied in
accordance with the provisions of this title at the time other
assessments are levied.
[Title 87 RCW—page 30]
The board may accumulate by assessment a fund to be
designated as the "capital fund" to be used for the purposes
for which the above warrants may be used. The total of
such fund shall not exceed one dollar per acre of the total
irrigable area in the district and shall be accumulated in not
less than five annual installments. The fund shall not be
permanently depleted or reduced but shall be replaced from
year to year by assessments on any lands of the district
benefited by the use thereof. The reasonable value of all
grounds, buildings, machinery, vehicles, tools or other
equipment on hand, purchased with such fund, and the
revolving fund, if any, derived from such fund, shall be a
part of the capital fund.
(2) Notwithstanding subsection (1) of this section, such
warrants may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 221; 1981 c 156 § 29; 1953 c
108 § 1; 1921 c 129 § 25; 1917 c 162 § 9; 1915 c 179 § 20;
1895 c 165 § 25; 1889-90 p 693 § 42; RRS § 7459.
Formerly RCW 87.01.220.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.03.480 Local improvement districts—Petition—
Bond. Any desired special construction, reconstruction,
betterment or improvement or purchase or acquisition of
improvements already constructed, for any authorized district
service, including but not limited to the safeguarding of open
canals or ditches for the protection of the public therefrom,
which are for the special benefit of the lands tributary
thereto and within an irrigation district may be constructed
or acquired and provision made to meet the cost thereof as
follows:
The holders of title or evidence of title to one-quarter of
the acreage proposed to be assessed, may file with the
district board their petition reciting the nature and general
plan of the desired improvement and specifying the lands
proposed to be specially assessed therefor. The petition shall
be accompanied by a bond in the sum of one hundred dollars
with surety to be approved by the board, conditioned that the
petitioners will pay the cost of an investigation of the project
and of the hearing thereon if it is not established. The board
may at any time require a bond in an additional sum. Upon
the filing of the petition the board with the assistance of a
competent engineer, shall make an investigation of the
feasibility, cost, and need of the proposed local improvement
together with the ability of the lands to pay the cost, and if
it appears feasible, they shall have plans and estimate of the
cost prepared. If a protest against the establishment of the
proposed improvement signed by a majority of the holders
of title in the proposed local district is presented at or before
the hearing, or if the proposed improvement should be found
not feasible, too expensive, or the lands to be benefited
insufficient security for the costs, they shall dismiss the petition at the expense of the petitioners. [1959 c 75 § 9; 1941
c 171 § 1; 1919 c 180 § 15; 1917 c 162 § 10; Rem. Supp.
1941 § 7460. Formerly RCW 87.36.010.]
Safeguarding open canals or ditches: RCW 35.43.040, 35.43.045,
35.44.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400, and
87.03.526.
87.03.485 Local improvement districts—Notice—
Hearing—Initiation by board, procedure. In the event
(2002 Ed.)
Irrigation Districts Generally
that the said board shall approve said petition, the board
shall fix a time and place for the hearing thereof and shall
publish a notice once a week for two consecutive weeks
preceding the date of such hearing and the last publication
shall not be more than seven days before such date and shall
mail such a notice on or before the second publication date
by first class mail, postage prepaid, to each owner or reputed
owner of real property within the proposed local improvement district, as shown on the rolls of the county treasurer
as of a date not more than twenty days immediately prior to
the date such notice was mailed. Such notice must be
published in a newspaper of general circulation in each
county in which any portion of the land proposed to be
included in such local improvement district lies. Such notice
shall state that the lands within said described boundaries are
proposed to be organized as a local improvement district,
stating generally the nature of the proposed improvement;
that bonds for such local improvement district are proposed
to be issued as the bonds of the irrigation district, or that a
contract is proposed to be entered into between the district
and the United States or the state of Washington, or both,
that the lands within said local improvement district are to
be assessed for such improvement, that such bonds or
contract will be a primary obligation of such local improvement district and a general obligation of the irrigation district
and stating a time and place of hearing thereon. At the time
and place of hearing named in said notice, all persons
interested may appear before the board and show cause for
or against the formation of the proposed improvement district and the issuance of bonds or the entering into of a
contract as aforesaid. Upon the hearing the board shall
determine as to the establishment of the proposed local
improvement district. Any landowner whose lands can be
served or will be benefited by the proposed improvement,
may make application to the board at the time of hearing to
include such land and the board of directors in such cases
shall, at its discretion, include such lands within such district.
The board of directors may exclude any land specified in
said notice from said district provided, that in the judgment
of the board, the inclusion thereof will not be practicable.
As an alternative plan and subject to all of the provisions of this chapter, the board of directors may initiate the
organization of a local improvement district as herein
provided. To so organize a local improvement district the
board shall adopt and record in its minutes a resolution
specifying the lands proposed to be included in such local
improvement district or by describing the exterior boundaries
of such proposed district or by both. Said resolution shall
state generally the plan, character and extent of the proposed
improvements, that the land proposed to be included in such
improvement district will be assessed for such improvements; and that local improvement district bonds of the
irrigation district will be issued or a contract entered into as
hereinabove in this section provided to meet the cost thereof
and that such bonds or contract will be a primary obligation
of such local improvement district and a general obligation
of the irrigation district. Said resolution shall fix a time and
place of hearing thereon and shall state that unless a majority
of the holders of title or of evidence of title to lands within
the proposed local improvement district file their written
protest at or before said hearing, consent to the improvement
will be implied.
(2002 Ed.)
87.03.485
A notice containing a copy of said resolution must be
published once a week for two consecutive weeks preceding
the date of such hearing and the last publication shall not be
more than seven days before such date, and shall be mailed
on or before the second publication date by first class mail,
postage prepaid, to each owner or reputed owner of real
property within the proposed local improvement district, as
shown on the rolls of the county treasurer as of a date not
more than twenty days immediately prior to the date such
notice was mailed, and the hearing thereon shall not be held
in less than twenty days from the adoption of such resolution. Such notice must be published in one newspaper, of
general circulation, in each county in which any portion of
the land proposed to be included in such local improvement
district lies. Said hearing shall be held and all subsequent
proceedings conducted in accordance with the provisions of
this act relating to the organization of local improvement
districts initiated upon petition. [1983 c 167 § 222; 1979
ex.s. c 185 § 7; 1970 ex.s. c 70 § 1; 1921 c 129 § 26; 1917
c 162 § 11; RRS § 7461. Formerly RCW 87.36.020 and
87.36.030.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.03.486 Local improvement districts—Notice to
contain statement that assessments may vary from
estimates. Any notice given to the public or to the owners
of specific lots, tracts, or parcels of land relating to the
formation of a local improvement district shall contain a
statement that actual assessments may vary from assessment
estimates so long as they do not exceed a figure equal to the
increased true and fair value the improvement adds to the
property. [1989 c 243 § 12.]
87.03.487 Local improvement districts—Sanitary
sewer or potable water facilities—Notice to certain
property owners. Whenever it is proposed that a local
improvement district finance sanitary sewers or potable water
facilities, additional notice of the public hearing on the
proposed local improvement district shall be mailed to the
owners of any property located outside of the proposed local
improvement district that would be required as a condition
of federal housing administration loan qualification, at the
time of notice, to be connected to the specific sewer or water
facilities installed by the local improvement district. The
notice shall include information about this restriction. [1987
c 315 § 7.]
87.03.490 Local improvement districts—Adoption
of plan—Bonds—Form and contents—Facsimile signatures, when, procedure—New lands may be included—
Penalty. (1) If decision shall be rendered in favor of the
improvement, the board shall enter an order establishing the
boundaries of the said improvement district and shall adopt
plans for the proposed improvement and determine the
number of annual installments not exceeding fifty in which
the cost of said improvement shall be paid. The cost of said
improvement shall be provided for by the issuance of local
improvement district bonds of the district from time to time,
[Title 87 RCW—page 31]
87.03.490
Title 87 RCW: Irrigation
therefor, either directly for the payment of the labor and
material or for the securing of funds for such purpose, or by
the irrigation district entering into a contract with the United
States or the state of Washington, or both, to repay the cost
of said improvement. Said bonds shall bear interest at a rate
or rates determined by the board, payable semiannually, and
shall state upon their face that they are issued as bonds of
the irrigation district; that all lands within said local improvement district shall be primarily liable to assessment for
the principal and interest of said bonds and that said bonds
are also a general obligation of the said district. The bonds
may be in such denominations as the board of directors may
in its discretion determine, except that bonds other than bond
number one of any issue shall be in a denomination that is
a multiple of one hundred dollars, and no bond shall be sold
for less than par. Any contract entered into for said local
improvement by the district with the United States or the
state of Washington, or both although all the lands within
said local improvement district shall be primarily liable to
assessment for the principal and interest thereon, shall be a
general obligation of the irrigation district. Such bonds may
be in any form, including bearer bonds or registered bonds
as provided in RCW 39.46.030.
No election shall be necessary to authorize the issuance
of such local improvement bonds or the entering into of such
a contract. Such bonds, when issued, shall be signed by the
president and secretary of the irrigation district with the seal
of said district affixed. The printed, engraved, or lithographed facsimile signatures of the president and secretary
of the district’s board of directors shall be sufficient signatures on the bonds or any coupons: PROVIDED, That such
facsimile signatures on the bonds may be used only after the
filing, by the officer whose facsimile signature is to be used,
with the secretary of state of his manual signature certified
by him under oath, whereupon that officer’s facsimile
signature has the same legal effect as his manual signature:
PROVIDED, FURTHER, That either the president of the
board of directors’ or the secretary’s signature on the bonds
shall be manually subscribed: AND PROVIDED FURTHER, That whenever such facsimile reproduction of the
signature of any officer is used in place of the manual
signature of such officer, the district’s board of directors
shall specify in a written order or requisition to the printer,
engraver, or lithographer the number of bonds or any
coupons upon which such facsimile signature is to be
printed, engraved, or lithographed and the manner of
numbering the bonds or any coupons upon which such
signature shall be placed. Within ninety days after the completion of the printing, engraving, or lithographing of such
bonds or any coupons, the plate or plates used for the
purpose of affixing the facsimile signature shall be destroyed, and it shall be the duty of the district’s board of
directors, within ninety days after receipt of the completed
bonds or any coupons, to ascertain that such plate or plates
have been destroyed. Every printer, engraver, or lithographer who, with the intent to defraud, prints, engraves, or
lithographs a facsimile signature upon any bond or coupon
without written order of the district’s board of directors, or
fails to destroy such plate or plates containing the facsimile
signature upon direction of such issuing authority, shall be
guilty of felony.
[Title 87 RCW—page 32]
The proceeds from the sale of such bonds shall be
deposited with the treasurer of the district, who shall place
them in a special fund designated "Construction fund of local
improvement district number . . . . . ."
Whenever such improvement district has been organized, the boundaries thereof may be enlarged to include
other lands which can be served or will be benefited by the
proposed improvement upon petition of the owners thereof
and the consent of the United States or the state of Washington, or both, in the event the irrigation district has contracted
with the United States or the state of Washington, or both,
to repay the cost of the improvement: PROVIDED, That at
such time the lands so included shall pay their equitable
proportion upon the basis of benefits of the improvement
theretofore made by the said local improvement district and
shall be liable for the indebtedness of the said local improvement district in the same proportion and same manner and
subject to assessment as if said lands had been incorporated
in said improvement district at the beginning of its organization.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 223; 1981 c 156 § 30; 1977
ex.s. c 119 § 2; 1970 ex.s. c 70 § 2; 1921 c 129 § 27; 1919
c 180 § 16; 1917 c 162 § 12; RRS § 7462. Formerly RCW
87.36.040.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.03.495 Local improvement districts—
Assessments, how made and collected—Disposal of bonds.
The cost of the improvement and of the operation and
maintenance thereof, if any, shall be especially assessed
against the lands within such local improvement district in
proportion to the benefits accruing thereto, and shall be
levied and collected in the manner provided by law for the
levy and collection of land assessments or toll assessments
or both such form of assessments.
All provisions for the assessment, equalization, levy and
collection of assessments for irrigation district purposes shall
be applicable to assessments for local improvements except
that no election shall be required to authorize said improvement or the expenditures therefor or the bonds issued to
meet the cost thereof or the contract authorized in RCW
87.03.485 to repay the cost thereof. Assessments when
collected by the county treasurer for the payment for the
improvement of any local improvement district shall constitute a special fund to be called "bond redemption or contract
repayment fund of local improvement district No. . . . . . ."
Bonds issued under this chapter shall be eligible for
disposal to and purchase by the director of ecology under the
provisions of the state reclamation act.
The cost or any unpaid portion thereof, of any such
improvement, charged or to be charged or assessed against
any tract of land may be paid in one payment under and
pursuant to such rules as the board of directors may adopt,
and all such amounts shall be paid over to the county
treasurer who shall place the same in the appropriate fund.
No such payment shall thereby release such tract from
liability to assessment for deficiencies or delinquencies of
the levies in such improvement district until all of the bonds
or the contract, both principal and interest, issued or entered
(2002 Ed.)
Irrigation Districts Generally
into for such local improvement district have been paid in
full. The receipt given for any such payment shall have the
foregoing provision printed thereon. The amount so paid
shall be included on the annual assessment roll for the
current year, provided, such roll has not then been delivered
to the treasurer, with an appropriate notation by the secretary
that the amount has been paid. If the roll for that year has
been delivered to the treasurer then the payment so made
shall be added to the next annual assessment roll with appropriate notation that the amount has been paid. [1988 c 127
§ 45; 1970 ex.s. c 70 § 3; 1957 c 68 § 1; 1949 c 103 § 2;
1921 c 129 § 28; 1917 c 162 § 13; Rem. Supp. 1949 § 7463.
Formerly RCW 87.36.050.]
Assessment, equalization, levy and collection of assessments for irrigation
district purposes: RCW 87.03.240 through 87.03.280.
87.03.500 Local improvement districts—Payment of
bonds. In the event of the failure of the lands within the
local improvement district to furnish money sufficient for the
payment of principal or interest of the bonds or the contract
as provided for in RCW 87.03.485 for such local improvement work and there shall be a default in the payment of
principal or interest as aforesaid, the amount delinquent shall
be paid by the general warrants of the irrigation district at
large or, in the event of a contract, by whatever means of
payment is called for thereunder, but the lands of the local
improvement district shall not thereby become released from
liability for special assessment therefor. Such warrants, if issued, shall be redeemed as soon as there shall be available
money in the bond redemption fund of the local improvement district. [1970 ex.s. c 70 § 4; 1921 c 129 § 29; 1917
c 162 § 14; RRS § 7464. Formerly RCW 87.36.060.]
87.03.505 Local improvement districts—L.I.D.
unable to pay costs—Survey—Reassessments. Whenever,
by reason of the sale of land within a local improvement
district for unpaid taxes or assessments, or for any other
reason, it may appear apparent that the remaining lands
within any such local improvement district are and will be
unable to pay out the cost of such improvement or the bond
issue or contract indebtedness therefor, the landowners of the
local improvement district may petition the directors of the
irrigation district or the directors of the district may upon
their own initiative, and either upon receipt of such petition
or the passing of such resolution the directors of the irrigation district shall cause a complete survey to be made of the
affairs of the local improvement district pertaining to the
payment of the cost of said improvement, and shall determine the amount of property remaining in the hands of
private owners that is still subject to assessment for the
improvement, the amount of land standing in the name of
the district which is subject to assessment for said improvement and the amount of any lands which may have been
entirely removed from the liability of any such assessments,
and such other and pertinent data as may be necessary, in
order to determine the ability of said remaining private
property to pay the remaining balance of the cost of said
improvement, and if as a result thereof it shall appear that
the remaining private property will be unable to pay the said
remaining cost of the improvement, the said board of
directors shall determine what amount and to what extent the
(2002 Ed.)
87.03.495
remaining private property will be able to equitably pay on
the cost of said improvement which shall include the
privately owned property and district owned property and
such remaining portion of the cost of said improvement
which the directors find said land can equitably pay and in
such amounts as in the judgment of the directors shall appear
equitable after taking all circumstances into consideration,
shall be assessed against the lands within such local improvement district and shall be levied and collected in the
manner as in this act provided for the assessment and
collection of construction costs and shall be payable over a
period of not more than twenty years. Notwithstanding all
provisions in this chapter contained for the assessment,
equalization, levy and collection of assessments no election
shall be required to authorize the issue of bonds or the
entering into a contract to cover the cost thereof. Assessments when collected by the county treasurer for the
payment shall constitute a special fund to be called "bond
redemption or contract repayment fund of local improvement
district No. . . . . . ."
The costs or any unpaid portion thereof, of any such
assessment, charged or to be charged or assessed against any
tract of land may be paid in one payment by the owner or by
any one acting for such owner, under and pursuant to such
rules as the board of directors may adopt, and all such
amounts shall be paid to the county treasurer who shall place
the same in the appropriate fund. Upon the payment in full
of the amount charged or to be charged or assessed against
any particular tract of land, said tract of land shall be
thereupon entirely, fully and finally released of any and all
further liability by reason of such improvement and the
amount charged or to be charged and assessed against each
tract of land as designated by said board shall be the limit of
the liability of said tract of land for the costs of said improvement, except insofar as said land may be additionally
liable by reason of being within the irrigation district and
being liable for its portion of the general obligation of the
district. The determination of the amount charged or to be
charged or assessed against any tract of land may be
appealed by the owner of said tract from the decision of the
board of directors to the superior court of the county in
which the property is located at any time within twenty days
from the date of the passage of a resolution by the board of
directors with reference thereto: PROVIDED, HOWEVER,
That in the event said irrigation district shall have borrowed
or have an application on file for the borrowing of money
from the reconstruction finance corporation, or its successor,
or has entered into a contract with the United States or the
state of Washington, or both, then in that event before any
such reassessment shall be made it shall first receive the
approval of said reconstruction finance corporation, or its
successor or the United States or the state of Washington, or
both, as the case may be. [1970 ex.s. c 70 § 5; 1935 c 128
§ 1; RRS § 7464-1. Formerly RCW 87.36.070 and
87.36.080.]
Assessment, equalization, levy and collection of assessments for irrigation
district purposes: RCW 87.03.240 through 87.03.280.
87.03.510 Local improvement districts—Irrigation
district L.I.D. guarantee fund. There is hereby established
for each irrigation district in this state having local improvement districts therein a fund for the purpose of guaranteeing
[Title 87 RCW—page 33]
87.03.510
Title 87 RCW: Irrigation
to the extent of such fund and in the manner herein provided, the payment of its local improvement bonds and warrants
issued or contract entered into to pay for the improvements
provided for in this act. Such fund shall be designated
"local improvement guarantee fund" and for the purpose of
maintaining the same, every irrigation district shall hereafter
levy from time to time, as other assessments are levied, such
sums as may be necessary to meet the financial requirements
thereof: PROVIDED, That such sums so assessed in any
year shall not be more than sufficient to pay the outstanding
warrants or contract indebtedness on said fund and to
establish therein a balance which shall not exceed five
percent of the outstanding obligations thereby guaranteed.
Whenever any bond redemption payment, interest payment,
or contract payment of any local improvement district shall
become due and there is insufficient funds in the local
improvement district fund for the payment thereof, there
shall be paid from said local improvement district guarantee
fund, by warrant or by such other means as is called for in
the contract, a sufficient amount, which together with the
balance in the local improvement district fund shall be
sufficient to redeem and pay said bond or coupon or contract
payment in full. Said warrants against said guarantee fund
shall draw interest at a rate determined by the board and said
bonds and interest payments shall be paid in their order of
presentation or serial order. Whenever there shall be paid
out of the guarantee fund any sum on account of principal or
interest of a local improvement bond or warrant or contract
the irrigation district, as trustee for the fund, shall be
subrogated to all of the rights of the owner of the bond or
contract amount so paid, and the proceeds thereof, or of the
assessment underlying the same shall become part of the
guarantee fund. There shall also be paid into such guarantee
fund any interest received from bank deposits of the fund, as
well as any surplus remaining in any local improvement
district fund, after the payment of all of its outstanding
bonds or warrants or contract indebtedness which are
payable primarily out of such local improvement district
fund. [1983 c 167 § 224; 1981 c 156 § 31; 1970 ex.s. c 70
§ 6; 1935 c 128 § 2; RRS § 7464-2. Formerly RCW
87.36.090.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Levies, amount—Special funds: RCW 87.03.260.
87.03.515 Local improvement districts—Refunding
bonds. It shall be lawful for any irrigation district which
has issued local improvement district bonds for said improvements, as in this chapter provided, to issue in place
thereof an amount of general bonds of the irrigation district
not in excess of such issue of local improvement district
bonds, and to sell the same, or any part thereof, or exchange
the same, or any part thereof, with the owners of such previously issued local improvement district bonds for the
purpose of redeeming said bonds: PROVIDED, HOWEVER, That all the provisions of this chapter regarding the
authorization and issuing of bonds shall apply, and: PROVIDING, FURTHER, That the issuance of said bonds shall
not release the lands of the local improvement district or districts from liability for special assessments for the payment
thereof: AND PROVIDED FURTHER, That the lien of any
[Title 87 RCW—page 34]
issue of bonds of the district prior in point of time to the
issue of bonds or local improvement district bonds herein
provided for, shall be deemed a prior lien. [1983 c 167 §
225; 1921 c 129 § 30; 1917 c 162 § 15; RRS § 7465.
Formerly RCW 87.36.100.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.03.520 Local improvement districts—Contracts
with state or United States for local improvement work.
Any irrigation district may contract with the United States,
or the state of Washington, for local improvement work, and
for such purpose may form local improvement districts as
herein provided.
Authorization of local improvement district bonds or of
contract with the United States, or the state of Washington,
for local improvement work may be confirmed in the same
manner as provided in RCW 87.03.785 to 87.03.805, inclusive. [1921 c 129 § 31; 1917 c 162 § 16; RRS § 7466.
Formerly RCW 87.36.110.]
87.03.522 Irrigation district authorized to finance
local improvements with general district funds. In lieu of
the issuance of local improvement district bonds or the
entering into a contract with the United States or the state of
Washington, or both, to secure the funds for or to repay the
cost of any improvement to be charged, in whole or in part,
against any local improvement district organized pursuant to
this chapter, any irrigation district may finance the cost of
said local improvement with any general district funds which
may be available for said purpose and provide, in such
manner as the district’s directors may determine, for the
repayment, with or without interest as the district’s directors
determine, through assessments against the lands in the local
improvement district levied in the same manner authorized
by this chapter of said general district moneys thus advanced. [1983 c 167 § 226; 1970 ex.s. c 70 § 8.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.03.525 Local improvement districts—Provisions
applicable to districts formerly organized. Any local
improvement district heretofore duly organized may avail itself of and be subject to any of the provisions of this chapter
increasing the number of annual installments, not to exceed
fifty, after the directors of the irrigation district duly adopt
a resolution to that effect, and it shall be the duty of the
board of directors to adopt such resolution whenever in the
judgment of the board the best interests of the local improvement district will be served thereby, and the interests of the
irrigation district will not be jeopardized. [1970 ex.s. c 70
§ 7; 1919 c 180 § 17; RRS § 7467. Formerly RCW
87.36.120.]
87.03.526 Local improvement districts—
Safeguarding open canals or ditches—Assessments and
benefits. Whenever a local improvement district is established within an irrigation district for the safeguarding of the
public from the dangers of open canals or ditches the rate of
assessment per square foot in the local district may be
determined by any of the methods provided for assessment
(2002 Ed.)
Irrigation Districts Generally
of similar improvements in cities or towns in chapter 35.44
RCW, and the lands specially benefited by such improvements shall be the same as provided in chapter 35.43
RCW for similar improvements in cities or towns. [1959 c
75 § 10. Formerly RCW 87.36.130.]
Safeguarding open canals or ditches: RCW 35.43.040, 35.43.045,
35.44.045, 36.88.015, 36.88.350, 36.88.380 through 36.88.400, and
87.03.480.
87.03.527 Local improvement districts—Alternative
methods of formation. Whenever a local improvement
district is sought to be established within an irrigation
district, in addition to the procedures provided in RCW
87.03.480 through 87.03.525 there may be employed any
method authorized by law for the formation of districts or
improvement districts so that when formed it will qualify
under the provisions of chapter 89.16 RCW. [1959 c 104 §
7. Formerly RCW 87.36.140.]
87.03.530 Consolidation of irrigation districts—
Authorization—Merger of smaller irrigation districts. (1)
Two or more irrigation districts may be consolidated into
one district as provided in RCW 87.03.535 through
87.03.551 and may include in such district other lands
susceptible of irrigation in the manner provided in this act,
and upon the organization of such consolidated district it
shall be an organized irrigation district subject to the
provisions of this chapter.
(2) A smaller irrigation district may be merged into a
larger irrigation district as provided in RCW 87.03.845
through 87.03.855 if the assessed acreage in the smaller
district constitutes not more than thirty percent of the
combined assessed acreage of the two districts. In such a
proceeding, the smaller district is referred to as the "minor"
irrigation district and the larger district is referred to as the
"major" irrigation district. The district resulting from such
a merger shall be an organized district subject to the provisions of this chapter. [1993 c 235 § 1; 1919 c 180 § 18;
RRS § 7468. Formerly RCW 87.40.010.]
87.03.535 Consolidation of irrigation districts—
Proceedings for consolidation—Elections. For the purpose
of organizing a consolidated irrigation district a petition
signed by fifty or a majority of the holders of title to, or
evidence of title to land susceptible of irrigation within the
proposed district shall be presented to the board of county
commissioners of the county in which the lands or the
greater portion thereof are situated, which petition shall set
forth and particularly describe the proposed boundaries of
such district, and the name of each existing irrigation district
proposed to be included therein, and shall pray that the
territory embraced within the boundaries of such proposed
district may be organized as a consolidated irrigation district.
Such petition shall be accompanied by bond as provided in
RCW 87.03.020 and thereupon the same proceedings shall
be had for the organization of such consolidated district as
is provided in RCW 87.03.020 and 87.03.035 through
87.03.045, and the organization of such consolidated district
shall be perfected in the same manner as provided in this
chapter for the organization of new districts, except as
otherwise provided in this section. The board of directors of
(2002 Ed.)
87.03.526
each irrigation district proposed to be included in such
consolidated district shall be served with a copy of the
petition for the organization of such consolidated district
together with notice at the time and place of hearing of such
petition, at least twenty days prior to such hearing, and the
board of county commissioners upon the hearing of such
petition shall not grant the same or call an election if it shall
appear that the board of directors of any existing irrigation
district proposed to be included in such consolidated district
have by resolution, regularly passed and entered upon the
minutes of the directors meetings of such district, voted
against the inclusion of such district into such proposed
consolidated district. The board of county commissioners
upon the hearing of such petition, shall not modify the
boundaries of the proposed district to exclude any of the
lands which are contained in any of the existing districts
proposed to be included in such consolidated districts, and
the order calling an election shall provide an election by the
electors of each existing district proposed to be included in
such consolidated district, and for an election by the electors
of that part of the proposed district not included in any
existing district, but no elector may cast more than one vote
at such election. Such proposed district shall not be declared
organized unless two-thirds of all votes cast in each existing
district shall be Irrigation District—Yes, and unless twothirds of all the votes cast in that part of the proposed
district not included in any existing district shall be Irrigation
District—Yes. If the organization of such consolidated
district is not effected the organization of the district
proposed to be included in such consolidated district shall
not be affected. [1919 c 180 § 19; RRS § 7469. Formerly
RCW 87.40.020.]
87.03.540 Consolidation of irrigation districts—
Directors—Disposition of affairs of included districts.
The board of directors of each included district shall hold
office until the board of directors of the consolidated district
shall have been elected and shall have qualified, and thereupon the term of office of the directors of such included
district shall terminate, and the board of directors of such
consolidated district shall have and exercise all the powers
and duties in regard to such included district as were vested
in the board of directors of such district. Each organized
district included in a consolidated district shall either retain
its corporate existence so far as necessary for the purpose of
carrying out all contracts of such district, and until its
indebtedness has been paid in full, or the board of directors
of the consolidated district may constitute each such included
district a local improvement district for the purpose of
carrying out the obligations of, such included district and
shall have all the power possessed by the board of directors
of such included district to carry out all contracts of such
included district to levy, assess and cause to be collected any
and all assessments or charges against all of the land within
such local improvement district that may be necessary or
required to provide for the payment of all the bonds,
warrants, and other indebtedness thereof, and to provide for
the construction, reconstruction, betterment, improvement,
maintenance and operation of all such work as are for the
special benefit of the land in such local improvement district.
Until such assessments shall have been collected and all
[Title 87 RCW—page 35]
87.03.540
Title 87 RCW: Irrigation
indebtedness of the respective included districts paid,
separate funds shall be maintained for each such district as
were maintained in such included districts prior to the
consolidation. A petition shall not be required for the establishment of the lands of such included districts as local
improvement districts. [1919 c 180 § 20; RRS § 7470.
Formerly RCW 87.40.030.]
Board’s powers and duties generally: RCW 87.03.140.
87.03.545 Consolidation of irrigation districts—
Obligations of included districts unaffected. The inclusion
of an organized district into a consolidated district shall not
affect or impair any bonds or obligations of such included
district and the holders of the bonds of any such included
district shall be entitled to all remedies for the enforcement
of the same as if such district had not been consolidated, and
all obligations that shall have been incurred by any district
prior to its being included in a consolidated district shall be
a prior lien to any obligation that may be incurred against
such land under such consolidated district: PROVIDED,
HOWEVER, That the board of directors of the consolidated
district may when authorized thereto, exchange any bonds of
the consolidated district for the bonds of such included
districts upon obtaining the consent of such bond holders.
If any included district shall prior to the time of its inclusion
into a consolidated district have entered into any contract
with the United States pursuant to the provisions of this
chapter, and the board of directors of such consolidated
district propose to enter into a contract with the United
States by the consolidated district, said board of directors,
when authorized thereto, shall enter into such contract with
the United States, and may in such event, with the consent
of the United States, cancel any contract previously entered
into between any included district and the United States.
[1919 c 180 § 21; RRS § 7471. Formerly RCW 87.40.040.]
Bonds: RCW 87.03.200 through 87.03.235.
Powers and duties of board (contracts with the state and United States):
RCW 87.03.140.
87.03.550 Consolidation of irrigation districts—
Property vested in new district—Credit. The board of
directors of an included district shall before the expiration of
their term of office cause to be prepared and filed with the
board of directors of the consolidated district a statement of
all property of such included district, and upon the organization of such consolidated district, the property, of such
included district shall, subject to the rights of the holders of
the bonds or other obligations of such district, become the
property of such consolidated district, and the board of directors of such consolidated district shall in making assessments
for such consolidated district cause equitable credit to be
given to the lands of such included district for such property
received as is of value and benefit to the consolidated
district. [1919 c 180 § 22; RRS § 7472. Formerly RCW
87.40.050.]
87.03.551 Consolidation of irrigation districts—
Procedures supplemental to boundary change provisions.
The procedure herein provided for the consolidation of
districts shall not supersede or repeal any provisions of this
act providing for changing the boundaries of any irrigation
[Title 87 RCW—page 36]
district, but shall be additional and supplemental thereto.
[1919 c 180 § 23; RRS § 7473.]
87.03.553 Consolidated local improvement districts
for bond issuance. For the purpose of issuing bonds only,
the governing body of any irrigation district may authorize
the establishment of consolidated local improvement districts.
The local improvements within such consolidated districts
need not be adjoining, vicinal, or neighboring. If the
governing body orders the creation of such consolidated
local improvement districts, the moneys received from the
installment payment of the principal of and interest on
assessments levied within original local assessment districts
shall be deposited in a consolidated local improvement
district bond redemption fund to be used to redeem outstanding consolidated local improvement district bonds. [1991 c
8 § 1.]
87.03.555 Change of boundaries authorized—Effect.
The boundaries of any irrigation district now or hereafter
organized under the provisions of this chapter may be
changed in the manner herein prescribed, but such change of
the boundaries of the district shall not impair or affect its
organization, or its rights in or to property, or any of its
rights or privileges of whatsoever kind or nature; nor shall
it affect, impair or discharge any contract, obligation, lien or
charge for or upon which it was or might become liable or
chargeable, had such change of its boundaries not been
made, except as hereinafter expressly in RCW 87.03.645
prescribed: PROVIDED, That in case contract has been
made between the district and the United States, or the state
of Washington, as in RCW 87.03.140 provided, no change
shall be made in the boundaries of the district, and the board
of directors shall make no order changing the boundaries of
the district until the secretary of the interior or the director
of ecology shall assent thereto in writing and such assent be
filed with the board of directors. [1988 c 127 § 46; 1921 c
129 § 32; 1915 c 179 § 21; 1889-90 p 694 § 47; RRS §
7474. Formerly RCW 87.44.010.]
Consolidation of irrigation districts: RCW 87.03.530 through 87.03.551.
87.03.560 Adding lands to district—Petition,
contents—Acknowledgment. The holder or holders of title,
or evidence of title, representing one-half or more of any
body of lands may file with the board of directors of an
irrigation district a petition in writing, praying that the
boundaries of the district may be so changed as to include
such lands. The petition shall describe the boundaries of the
parcel or tract of land, and shall also describe the boundaries
of the several parcels owned by the petitioners, if the
petitioners be the owners respectively of distinct parcels, but
such descriptions need not be more particular than they are
required to be when such lands are entered by the county
assessor in the assessment book. Such petition must contain
the assent of the petitioners to the inclusion within the
district of the parcels or tracts of land described in the
petition, and of which the petition alleges they are respectively the owners; and it must be acknowledged in the same
manner that conveyances of land are required to be acknowledged. [2001 c 149 § 3; 1889-90 p 694 § 48; RRS § 7475.
Formerly RCW 87.44.020, part.]
(2002 Ed.)
Irrigation Districts Generally
Acknowledgments: Chapter 64.08 RCW.
87.03.565 Adding lands to district—Notice—
Contents—Service. The secretary of the board of directors
shall cause a notice of the filing of such petition to be published in the same manner and for the same time that notice
of special elections for the issue of bonds are required by
this chapter to be given. The notice shall state the filing of
such petition and the names of the petitioners, a description
of the lands mentioned in said petition, and the prayer of
said petition, and it shall notify all persons interested in or
that may be affected by such change of the boundaries of the
district to appear at the office of said board at a time named
in said notice, and show cause in writing, if any they have,
why the change in the boundaries of said district, as proposed in said petition, should not be made. The time to be
specified in the notice at which they shall be required to
show cause shall be the regular meeting of the board next
after the expiration of the time for the publication of the
notice. The petitioners shall advance to the secretary
sufficient money to pay the estimated costs of all proceedings under this chapter. [1963 c 68 § 3; 1921 c 129 § 33;
1889-90 p 695 § 49; RRS § 7476. Formerly RCW
87.44.030.]
Notice of special elections for the issue of bonds: RCW 87.03.200.
Official paper for publication: RCW 87.03.020.
87.03.570 Adding lands to district—Hearing—
Assent. The board of directors, at the time and place
mentioned in said notice, or at such other time or times to
which the hearing of said petition may be adjourned, shall
proceed to hear the petition and all the objections thereto
presented in writing by any person showing cause, as
aforesaid, why said proposed change of the boundaries of the
district should not be made. The failure by any person
interested in said district, or in the matter of the proposed
change of its boundaries, to show cause in writing, as
aforesaid, shall be deemed and taken as an assent on his part
to a change of the boundaries of the district as prayed for in
said petition, or to such a change thereof as will include a
part of said lands. And the filing of such petition with said
board, as aforesaid, shall be deemed and taken as an assent
on the part of each and all of such petitioners to such a
change of said boundaries that they may include the whole
or any portion of the lands described in said petition. [188990 p 695 § 50; RRS § 7477. Formerly RCW 87.44.040.]
87.03.575 Adding lands to district—Payment for
benefits received required. The board of directors to
whom such petition to include other lands in the district is
presented, shall require, as a condition precedent to the
granting of the petition, that the petitioners shall severally
pay, or give approved security upon such terms as may be
prescribed by the board to pay, to such district such respective sums as shall be determined by the board at the
hearing above provided for, which sums shall be such
equitable amount as such land shall pay having regard to
placing said lands on the basis of equality with other lands
in the district as to benefits received, and such lands shall
also become subject to all taxes and assessments of the
district thereafter imposed. [1915 c 179 § 22; 1913 c 165 §
(2002 Ed.)
87.03.560
21; 1889-90 p 696 § 51; RRS § 7478. Formerly RCW
87.44.050.]
87.03.580 Adding lands to district—Order. The
board of directors, if they deem it not for the best interests
of the district that a change of its boundaries be so made as
to include therein the lands mentioned in the petition, shall
order that the petition be rejected. But if they deem it for
the best interests of the district that the boundaries of said
district be changed, and if no person interested in said
district, or the proposed change of its boundaries, shows
cause in writing why the proposed change should not be
made, or if, having shown cause, withdraws the same, the
board may order that the boundaries of the district be so
changed as to include therein the lands mentioned in said
petition, or some part thereof. The order shall describe the
boundaries of lands included, as aforesaid; and for that
purpose the board may cause a survey to be made of such
portions of such boundary as is deemed necessary and may
at its option redefine the boundaries of the district, or so
much of the same as it deems advisable. [1947 c 241 § 1;
1889-90 p 696 § 52; Rem. Supp. 1947 § 7479. Formerly
RCW 87.44.060, part.]
87.03.585 Adding lands to district—Resolution. If
any person interested in said district, or the proposed change
of its boundaries, shall show cause, as aforesaid, why such
boundaries should not be changed and shall not withdraw the
same, and if the board of directors deem it for the best
interests of the district that the boundaries thereof be so
changed as to include therein the lands mentioned in the
petition, or some part thereof, the board shall adopt a
resolution to that effect. The resolution shall describe the
exterior boundaries of the lands which the board are of the
opinion should be included within the boundaries of the district when changed. [1889-90 p 696 § 53; RRS § 7480.
Formerly RCW 87.44.060, part.]
87.03.590 Adding lands to district—Election—
Notice—How conducted. Upon the adoption of the
resolution mentioned in RCW 87.03.585, the board shall
order that an election be held within said district, to determine whether the boundaries of the district shall be changed
as mentioned in said resolution; and shall fix the time at
which such election shall be held, and shall cause notice
thereof to be given and published. Such notice shall be
given and published, and such election shall be held and
conducted, the returns thereof shall be made and canvassed,
and the result of the election ascertained and declared, and
all things pertaining thereto conducted, in the manner
prescribed by *this act in case of a special election to
determine whether bonds of an irrigation district shall be
issued. The ballots cast at said election shall contain the
words "For change of boundary," or "Against change of
boundary," or words equivalent thereto. The notice of
election shall describe the proposed change of the boundaries
in such manner and terms that it can readily be traced.
[1889-90 p 697 § 54; RRS § 7481. Formerly RCW
87.44.070.]
*Reviser’s note: "This act" appears to refer to 1889-90 p. 697.
Official paper for publication: RCW 87.03.020.
[Title 87 RCW—page 37]
87.03.590
Title 87 RCW: Irrigation
Special election for the issue of bonds: RCW 87.03.200.
87.03.595 Adding lands to district—Order changing
boundaries—Record. If at such election a majority of all
the votes cast at said election shall be against such change
of the boundaries of the district, the board shall order that
said petition be denied, and shall proceed no further in the
matter. But if a majority of the votes be in favor of such
change of the boundaries of the district, the board shall
thereupon order that the boundaries of the district be
changed in accordance with said resolution adopted by the
board. The said order shall describe the entire boundaries of
said district, and for that purpose the board may cause a
survey of such portions thereof to be made as the board may
deem necessary. [1961 c 18 § 2. Prior: 1889-90 p 697 §
55; RRS § 7482. Formerly RCW 87.44.080, part.]
87.03.600 Adding lands to district—Change of
boundaries recorded—Effect. Upon a change of the
boundaries of a district being made, a copy of the order of
the board of directors ordering such change, certified by the
president and secretary of the board, shall be filed for record
in the offices of county auditor and county assessor of each
county within which are situated any of the lands of the
district, and thereupon the district shall be and remain an
irrigation district, as fully and to every intent and purpose as
if the lands which are included in the district by the change
of the boundaries as aforesaid had been included therein at
the original organization of the district. [1961 c 18 § 3.
Prior: 1921 c 129 § 34; 1889-90 p 697 § 56; RRS § 7483.
Formerly RCW 87.44.080, part.]
87.03.605 Adding lands to district—Petition to be
recorded—Admissible as evidence. Upon the filing of the
copies of the order, as in RCW 87.03.600 mentioned, the
secretary shall record in the minutes of the board the petition
aforesaid; and the said minutes, or a certified copy thereof,
shall be admissible in evidence with the same effect as the
petition. [1889-90 p 698 § 57; RRS § 7484. Formerly
RCW 87.44.090.]
87.03.610 Adding lands to district—Guardian,
administrator or executor may act. A guardian, an
executor or administrator of an estate, who is appointed as
such under the laws of this state, and who, as such guardian,
executor or administrator, is entitled to the possession of the
lands belonging to the estate which he represents, may, on
behalf of his ward or the estate which he represents, upon
being thereunto authorized by the proper court, sign and
acknowledge the petition in this act mentioned, and may
show cause, as in this act mentioned, why the boundaries of
the district should not be changed. [1889-90 p 698 § 58;
RRS § 7485. Formerly RCW 87.44.020, part.]
Reviser’s note: (1) "Petition in this act mentioned" apparently refers
to the petition provided for in RCW 87.03.560.
(2) "Show cause, as in this act mentioned" apparently refers to the
show cause provided for in RCW 87.03.565.
Guardians, etc., when land excluded from district: RCW 87.03.690.
87.03.615 Adding lands to districts of two hundred
thousand acres—Petition. Whenever five or a majority of
[Title 87 RCW—page 38]
the holders of title to or evidence of title to any land
susceptible of irrigation from the water supply and system of
works of any irrigation district in this state, comprising
within its boundaries two hundred thousand or more acres of
land now existing or hereafter organized, desire to have such
land included in said irrigation district, they may file a
petition, in writing, with the board of directors thereof
praying that such land be included in such district. [1939 c
150 § 1; RRS § 7485-1. Formerly RCW 87.44.100.]
87.03.620 Adding lands to districts of two hundred
thousand acres—Time and place of hearing—Notice.
Upon the filing of the petition, the board shall fix a time and
place for the hearing of the same which shall not be less
than thirty days and not more than forty-five days from the
date of said filing; and the board shall cause a notice of such
hearing to be published prior to said hearing in three
consecutive weekly issues of the official newspaper of each
county in which any of said land prayed to be included is
situated. [1939 c 150 § 2; RRS § 7485-2. Formerly RCW
87.44.110.]
Official paper for publication: RCW 87.03.020.
87.03.625 Adding lands to districts of two hundred
thousand acres—Contents of notice. Said notice shall state
the filing of the petition, describe generally the lands
petitioned to be included within the operation of the district
and the prayer of the petition and shall notify all persons
interested in or that may be affected by such inclusion to
appear at the time and place named in the notice, and show
cause in writing, if any they have, why such lands or any
part of the same should not be included within operation of
the district. Such notice shall have the name of the secretary
and of the district either subscribed or subprinted thereto.
[1939 c 150 § 3; RRS § 7485-3. Formerly RCW 87.44.120.]
87.03.630 Adding lands to districts of two hundred
thousand acres—Hearing—Order including lands. The
board of directors of the district shall meet at the time and
place specified in the notice and shall have full authority to
determine all matters pertaining to the petition, including the
denial as well as the granting of said petition or any part
thereof; and if it appears at said hearing, or at any adjournment thereof which may be had not to exceed in all thirty
days, that the land or any portion thereof petitioned to be
included within the district, is susceptible of irrigation from
the water supply and system of works of the said district and
will be benefited by such irrigation; and if at said hearing or
at any adjournment thereof as aforesaid, not more than fifty
percent of the holders of title or evidence of title to the lands
described in the petition and proposed to be included file
their objections in writing to the inclusion of such land
within the time and as in *this act provided, the said board
shall make and enter in the records of their proceedings an
order including said land, or such portion thereof as in their
judgment is susceptible of irrigation and will be benefited as
aforesaid, within the operation of said district. [1939 c 150
§ 4; RRS § 7485-4. Formerly RCW 87.44.130, part and
87.44.140, part.]
*Reviser’s note: "This act" is codified as RCW 87.03.615 through
87.03.640.
(2002 Ed.)
Irrigation Districts Generally
87.03.635 Adding lands to districts of two hundred
thousand acres—Denial of petition. If at said hearing or
at any adjournment thereof, the board of directors shall
determine that said land is not susceptible of irrigation and
will not be benefited as aforesaid by inclusion in the district,
or if more than fifty percent of the holders of title to or
evidence of title to the land described in the petition file
their objections in writing within the time and as aforesaid,
then the board of directors shall deny said petition and shall
make and enter in the records of their proceedings an order
to that effect. [1939 c 150 § 5; RRS § 7485-5. Formerly
RCW 87.44.130, part.]
87.03.640 Adding lands to districts of two hundred
thousand acres—Order filed—Effect. A certified copy of
the order of the board of directors including any lands within
the operation of the district under the provisions of *this act
shall be filed with the county assessor and with the county
auditor of each county in which any part of such included
lands is situated, and from and after the date of such filing
such land shall be subject to all the obligations and entitled
to all the privileges of lands within the operation of the
district. [1939 c 150 § 6; RRS § 7485-6. Formerly RCW
87.44.140, part.]
*Reviser’s note: "This act," see note following RCW 87.03.630.
87.03.645 Exclusion of lands from district—Effect.
The boundaries of any irrigation district or consolidated
irrigation district, now or hereafter organized under the
provisions of this chapter, may be changed, and tracts of
land which were included within the boundaries of such
district, or former irrigation districts which were included
within the boundaries of such consolidated district, at or after
its organization under the provisions of this chapter, may be
excluded therefrom in the manner herein prescribed; but
neither such change of the boundaries of the district or
consolidated district, nor such exclusion of lands from the
district, nor such exclusion of a former district from a
consolidated district, shall impair or affect its organization or
the rights of the district in or to property, except that all
property of a consolidated district, the title to which was
derived from a former district by, and at the time of, the
consolidation shall revert to and become the property of such
former district when reestablished as herein provided; nor
shall it affect, impair or discharge any contract, obligation,
lien, or charge for or upon which such district or such
consolidated district was or might become liable or
chargeable had such change of its boundaries not been made,
or had not any such land been excluded from such district,
or any such former district been excluded from such consolidated district, unless the holders of such lien, obligation,
charge or contract right chargeable against the district, or
consolidated district consent to such exclusion in the manner
hereinafter provided in RCW 87.03.670 for the consent of
the bondholders. [1921 c 129 § 35; 1915 c 179 § 23; 188990 p 698 § 60; RRS § 7486. Formerly RCW 87.44.150.]
87.03.635
title to lands constituting any portion of an irrigation district,
or consolidated district as the case may be, for which lands
similar grounds for exclusion may exist, or fifty or a
majority of the holders of title to lands which constituted a
former irrigation district included with a consolidated district,
may file with the board of directors of such district, or of
such consolidated district, as the case may be, a petition
praying that such tracts, and any other tracts contiguous
thereto, or such land which constituted such former district,
may be excluded and taken from said district, or consolidated district, as the case may be, and in the latter case that
such former district may be reestablished. The petition for
the exclusion of tracts of land from a district shall describe
the boundaries of the land which the petitioners desire to
have excluded from the district, and also describe the land
of such of said petitioners which are included within such
boundaries; but the description of such lands need not be
more particular or certain than is required when the lands are
entered in the assessment book by the county assessor. The
petition for the exclusion of a former district from a consolidated district shall give the corporate name and number of
such former district and shall describe the lands of each of
said petitioners by legal subdivision or lot and block numbers and name of city, town or addition of platted lands.
Every such petition must be acknowledged in the same
manner and form as is required in case of a conveyance of
land, and the acknowledgment shall have the same force and
effect as evidence as the acknowledgment of such conveyance. [1921 c 129 § 36; 1889-90 p 699 § 61; RRS § 7487.
Formerly RCW 87.44.160, part.]
Acknowledgments: Chapter 64.08 RCW.
Property taxes—Listing of property: Chapter 84.40 RCW.
87.03.655 Exclusion of lands from district—
Notice—Contents—Service. The secretary of the board of
directors shall cause a notice of the filing of the petition to
be published for at least two weeks in a newspaper of
general circulation in the county where the office of the
board of directors is situated, and if any portion of the
territory to be excluded lies within another county or
counties, then the notice shall be so published in a newspaper of general circulation within each of the counties. The
notice shall state the filing of the petition, the names of the
petitioners, a description of the lands, or the name and
number of the former district, mentioned in the petition, and
the prayer of the petition; and it shall notify all persons
interested in or that may be affected by the change of the
boundaries of the district to appear at the office of the board
at a time named in the notice, and show cause in writing, if
any they have, why the change of the boundaries of the
district, as proposed in the petition, should not be made.
The time to be specified in the notice at which they shall be
required to show cause shall be the regular meeting of the
board next after the expiration of the time for the publication
of the notice. [1985 c 469 § 89; 1921 c 129 § 37; 1889-90
p 699 § 62; RRS § 7488. Formerly RCW 87.44.170.]
Official paper for publication: RCW 87.03.020.
87.03.650 Exclusion of lands from district—Petition
to exclude lands—Contents. The owner or owners in fee
of one or more tracts of land which constitute a portion of
an irrigation district, or fifty or a majority of the holders of
(2002 Ed.)
87.03.660 Exclusion of lands from district—
Hearing—Assent. The board of directors, at the time and
place mentioned in the notice, or at the time or times to
[Title 87 RCW—page 39]
87.03.660
Title 87 RCW: Irrigation
which the hearing of said petition may be adjourned, shall
proceed to hear the petition, and all objections thereto
presented in writing, by any person showing cause, as aforesaid, why the prayer of said petition should not be granted.
The failure of any person interested in said district or
consolidated district to show cause, in writing, why the tract
or tracts of land mentioned in said petition should not be
excluded from said district, or the former district mentioned
should not be excluded from the consolidated district, as the
case may be, shall be deemed and taken as an assent by him
to such exclusion, and the filing of such petition with such
board, as aforesaid, shall be deemed and taken as an assent
by each and all of such petitioners to such exclusion. [1921
c 129 § 38; 1889-90 p 700 § 63; RRS § 7489. Formerly
RCW 87.44.180.]
87.03.665 Exclusion of lands from district—Order
denying or granting petition. The board of directors, if
they deem it not for the best interest of the district, or
consolidated district, as the case may be, that the lands, or
the former district, mentioned in the petition, or some
portion thereof, should be excluded from said district, or
consolidated district, shall order that said petition be denied;
but if they deem it for the best interests of the district, or
consolidated district, as the case may be, that the lands, or
the former district, as the case may be, be excluded from the
district, or consolidated district, and if no person interested
in the district shows cause, in writing, why the prayer of the
petition should not be granted, or if having shown cause
withdraws the same, and also, if there be no outstanding
bonds of the district, and no contract between the district and
the United States, or the state of Washington, then the board
may order that the lands mentioned in the petition, or some
defined portion thereof, or the former district mentioned in
the petition, be excluded from the district, or consolidated
district, as the case may be, and the former district be
reestablished. [1921 c 129 § 39; 1915 c 179 § 24; 1889-90
p 700 § 64; RRS § 7490. Formerly RCW 87.44.190.]
Board’s powers and duties generally (contracts with state and United
States): RCW 87.03.140.
87.03.670 Exclusion of lands from district—Assent
of bondholders. If there be outstanding bonds of the
district, or consolidated district, as the case may be, or if
such district shall have entered into a contract with the
United States, or the state of Washington, then the board
may adopt a resolution to the effect that the board deems it
to the best interest of the district that the lands mentioned in
the petition, or some portion thereof, or the former district
mentioned in the petition, as the case may be, should be excluded from the district, or consolidated district, and the
former district reestablished. The resolution shall describe
such lands so that the boundaries can readily be traced, or
shall give the corporate name and number of the former district. The holders of such outstanding bonds may give their
assent, in writing, to the effect that they severally consent
that the board may make an order by which the lands, or the
former district, mentioned in the resolution may be excluded
from the district, and in case contract has been made with
the United States, or the state of Washington, the secretary
of the interior or the director of ecology may assent to such
[Title 87 RCW—page 40]
change. The assent must be acknowledged by the several
holders of such bonds in the same manner and form as is
required in case of a conveyance of land, and the acknowledgment shall have the same force and effect, as evidence,
as the acknowledgment of such conveyance. The assent of
the secretary of the interior need not be acknowledged. The
assent shall be filed with the board, and in the office of the
county clerk in each county comprised within the district and
must be recorded in the minutes of the board; and said
minutes, or certified copy thereof, shall be admissible in
evidence with the same effect as the said assent; but if such
assent of the bondholders, and in case of contract with the
United States, or the state of Washington, such assent of the
secretary of the interior or the director of ecology, be not
filed, the board shall deny and dismiss said petition. [1988
c 127 § 47; 1921 c 129 § 40; 1915 c 179 § 25; 1889-90 p
701 § 65; RRS § 7491. Formerly RCW 87.44.200.]
Acknowledgments: Chapter 64.08 RCW.
Board’s powers and duties generally (contracts with state and United
States): RCW 87.03.140.
Certificate of acknowledgment—Evidence: RCW 64.08.050.
87.03.675 Exclusion of lands from district—Order
for election—Notice—Conduct of election. If the assent
aforesaid of the holders of said bonds be filed and entered of
record as aforesaid, and if there be objections presented by
any person showing cause as aforesaid, which have not been
withdrawn, then the board may order an election to be held
in each district to determine whether an order shall be made
excluding said land from said district, or excluding said
former district from said consolidated district, as the case
may be, and such former district be reestablished, as mentioned in said resolution. The notice of such election shall
describe the boundary of all lands, or shall give the corporate name and number of the former district, which it is
proposed to exclude, and such notice shall be published for
at least two weeks prior to such election, in a newspaper
published within the county where the office of the board of
directors is situated; and if any portion of such territory to be
excluded lie within another county or counties, then said
notice shall be so published in a newspaper published within
each of such counties. Such notice shall require the electors
to cast ballots, which shall contain the words "For exclusion"
and "Against exclusion", or words equivalent thereto. Such
election shall be conducted in the manner prescribed in this
chapter for the holding of special elections on the issuance
of bonds. In every case where the petition is for the
exclusion of a former district from a consolidated district the
resolution of the board ordering an election shall provide for
the holding of such election separately in the territory
comprising such former district and in the territory comprising that portion of the consolidated district not included in
such former district, and for canvassing and counting of the
votes cast at such election separately. [1921 c 129 § 41;
1915 c 179 § 26; 1889-90 p 701 § 66; RRS § 7492.
Formerly RCW 87.44.210.]
Special elections on the issuance of bonds: RCW 87.03.200.
87.03.680 Exclusion of lands from district—
Procedure following election—Order of exclusion. If at
any such election a majority of all the votes cast shall be
(2002 Ed.)
Irrigation Districts Generally
against exclusion the board shall deny and dismiss said
petition and proceed no further in said matter; but if in the
case of a petition for the exclusion of lands from a district
a majority of such votes be in favor of the exclusion of said
lands from the district, the board shall thereupon order that
the said lands mentioned in said resolution be excluded from
the district; if in the case of a petition for the exclusion of a
former district from a consolidated district, a majority of the
votes cast in such former district shall be against exclusion,
or a majority of the votes cast in the remaining portion of
the consolidated district shall be against exclusion, the board
shall deny and dismiss the petition and proceed no further in
the matter; but if in the case of a petition for such exclusion
of a former district a majority of the votes cast in such
former district and a majority of the votes cast in the
remaining portion of the consolidated district shall be in
favor of the exclusion of such former district, the board shall
thereupon order that the lands comprising such former
district be excluded from the consolidated district and that
such former district shall be and is reestablished as an irrigation district created and established under the provision of
this chapter and that the title to all property formerly
belonging to, and all property within the boundaries of said
former district, shall be and is vested in such reestablished
district, and shall call an election to be held in such reestablished district for the election of a board of directors thereof,
and direct the publication of notices of such election in the
manner provided in this chapter for the publication of notice
of special elections. The board entering such order shall
continue to administer the affairs of such reestablished
district until the directors elected at such election shall have
qualified.
The said order excluding land from a district shall
describe the boundaries of the lands excluded, should the
exclusion change the boundaries of the district, and in case
of the exclusion of a former district from a consolidated district, shall describe the boundaries of the reestablished
district and the boundaries of the district remaining; and for
that purpose the board may cause a survey to be made of
such portions of the boundaries as the board may deem
necessary. [1961 c 18 § 4. Prior: 1947 c 241 § 2; 1921 c
129 § 42; 1889-90 p 702 § 67; Rem. Supp. 1947 § 7482
(RRS § 7493). Formerly RCW 87.44.220.]
87.03.685 Exclusion of lands from district—Orders
to be recorded—Effect. Upon the entry in the minutes of
the board of any of the orders hereinbefore mentioned, a
copy thereof, certified by the president and the secretary of
the board, shall be filed for record in the offices of the
county auditor and the county assessor of each county within
which are situated any of the lands of the district, and
thereupon said district, and said consolidated district and said
reestablished district, if any, shall each be and remain an
irrigation district as fully, as to every intent and purpose, as
it would be had no change been made in the boundaries
thereof, or had the lands excluded therefrom never constituted a portion thereof. [1921 c 129 § 43; 1889-90 p 702 § 68;
RRS § 7494. Formerly RCW 87.44.230.]
87.03.680
acknowledge. A guardian, and executor or an administrator
of an estate who is appointed as such under the laws of this
state, and who, as such guardian, executor or administrator,
is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward or the
estate which he represents, upon being thereto properly
authorized by the proper court, sign and acknowledge the
petition in this act mentioned, and may show cause, as in
this act provided, why the boundaries of the district should
not be changed. [1889-90 p 703 § 71; RRS § 7496.
Formerly RCW 87.44.160, part.]
Reviser’s note: (1) "Petition in this act mentioned" apparently refers
to the petition provided for in RCW 87.03.650.
(2) "Show cause, as in this act provided" apparently refers to the show
cause provided for in RCW 87.03.655.
Guardians, etc., when land added to district: RCW 87.03.610.
87.03.695 Exclusion of lands from district—
Refunds—Cancellation of assessments. In case of the
exclusion of any lands under the provisions of this act, the
board of directors shall determine what refund, if any, shall
be made to any person or persons who have paid any
assessments to such district on any lands so excluded, but
such refund, if any, shall be on a basis equitable alike to
lands remaining in the district and lands excluded therefrom.
Such payment shall be made in the manner as other claims
against the district, and from such fund or funds as the board
of directors may designate, and which may be legally applied
to such payments. The board may, in its discretion, determine what portion, if any, of the assessments remaining
unpaid shall be canceled. Said cancellation, if any, shall be
accomplished by an order entered upon the minutes of the
board and certified to the office of the county treasurer.
Upon the filing of such certified order, said assessments, or
any portion thereof, canceled by said order shall be marked
"Canceled" upon the treasurer’s records. The lien of such
portion of said assessments, if any, as the board shall refuse
to cancel, shall continue against the lands excluded, and the
district shall retain all of its rights to such assessments or
portions thereof as if said lands had not been excluded.
[1921 c 129 § 44; 1913 c 165 § 22; 1889-90 p 703 § 72;
RRS § 7497. Formerly RCW 87.44.240.]
87.03.700 Connecting system to lower drainage
district—Procedure. When an irrigation district desires to
connect its system of drainage with that of a lower drainage
district or districts, it shall make the lower district or districts
a party to the proceedings to construct its system, and allege
in its petition that the connection is needed to afford a
proper outlet and that the outlet is sufficient for both districts. If the lower system or systems must be improved to
support the additional burden, the petition shall be accompanied by plans and specifications therefor. The owners of all
lands in the lower district or districts affected thereby and
also persons having an interest therein shall be made parties
to the action and assessment for damages shall be the same
as is provided by law for the establishment of the drainage
system in the irrigation district. [1955 c 367 § 2. Formerly
RCW 87.08.250.]
87.03.690 Exclusion of lands from district—
Guardian, executor or administrator may sign and
(2002 Ed.)
[Title 87 RCW—page 41]
87.03.705
Title 87 RCW: Irrigation
87.03.705 Connecting system to lower drainage
district—Negative finding by jury or court. The jury, or
the court if jury be waived, shall first determine whether the
lower drainage system or systems when so improved will
afford a sufficient drainage and outlet for both the drainage
district and irrigation district, and if it finds that it will not,
the finding shall terminate the proceedings so far as the
connecting with the lower drainage district or districts is
concerned and the costs shall be paid as in other suits:
PROVIDED, That the irrigation district may maintain said
suit for the purpose of acquiring the necessary rights of way
from the lower drainage district or districts and the landowners in said lower district or districts that will not interfere
with the operation and maintenance of the drainage system
in the lower district or districts. [1955 c 367 § 3. Formerly
RCW 87.08.260.]
87.03.710 Connecting system to lower drainage
district—Affirmative finding by jury or court—
Assessments. If the jury, or the court if jury be waived,
finds the outlet and drainage sufficient it shall assess the
damages sustained by the lands in the lower drainage district
or districts by reason of the improvement, together with
awards for damaging and taking lands for rights of way
required, which shall be paid by the irrigation district in the
same manner as such payments are made in establishing the
system in the irrigation district, and the cost of improving
the lower system or systems to the extent the improvement
benefits lands in the irrigation district shall be assessed to
the lands in the irrigation district as other costs of drainage
improvement are assessed. [1955 c 367 § 4. Formerly
RCW 87.08.270.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Merger of drainage improvement district with irrigation district: RCW
85.08.830 through 85.08.890.
87.03.725 Merger of district with drainage, joint
drainage, consolidated drainage improvement, or watersewer district—Notice—Contents—Publication—Show
cause against merger. The secretary of the board of
directors shall cause a notice of the proposed merger to be
posted and published in the same manner and for the same
time as notice of a special election for the issue of bonds.
The notice shall state that a petition has been filed with the
legislative authority of the county or counties within which
the irrigation districts lies by the board of supervisors of the
drainage improvement district, joint drainage improvement
district, or consolidated drainage improvement district or by
the board of commissioners of a water-sewer district requesting that the drainage improvement district, joint drainage
improvement district, consolidated drainage improvement
district, or water-sewer district be merged with the irrigation
district or irrigation districts, the names of the petitioners and
the prayer thereof, and it shall notify all persons interested
in the irrigation district to appear at the office of the board
at the time named in the notice, and show cause in writing
why the proposed merger should not take place. The time
to show cause shall be the regular meeting of the board of
directors of the irrigation district next after the expiration of
the time for the publication of the notice. [1999 c 153 § 76;
1977 ex.s. c 208 § 2; 1957 c 94 § 11. Formerly RCW
87.01.250.]
Part headings not law—1999 c 153: See note following RCW
57.04.050.
Official paper for publication: RCW 87.03.020.
87.03.715 Connecting system to lower drainage
district—Increased maintenance costs. The lower district
or districts may require the jury or court to determine any
increased cost to it in annual maintenance of its system as
improved, and judgment shall be rendered against the
irrigation district in favor of the lower drainage district or
districts for any amount so found, and it shall be paid
annually as the cost of construction is paid, and the amount
so paid shall be used by the lower drainage district or districts for maintenance. [1955 c 367 § 5. Formerly RCW
87.08.280.]
87.03.730 Merger of district with drainage, joint
drainage, or consolidated drainage improvement district—Hearing—Failure to show cause deemed assent. At
the time of hearing, or at such other time to which the
hearing may be adjourned, the board of directors of the
irrigation district shall hear the proposal of merger and any
objections thereto. Failure to show cause shall be deemed
as assent to the proposed merger. [1957 c 94 § 12. Formerly RCW 87.01.260.]
87.03.720 Merger of district with drainage, joint
drainage, consolidated drainage improvement, or watersewer district—Power to assent. The board of directors of
an irrigation district shall, after being notified by the legislative authority of the county or counties within which the
irrigation district lies of the filing of the petition therefor,
have the power to assent to the proposed merger with the
irrigation district of that portion of a drainage improvement
district, joint drainage improvement district, consolidated
drainage improvement district, or water-sewer district within
its boundaries at a hearing duly called by the board to
consider the proposed merger if sufficient objections thereto
have not been presented, as hereinafter provided. [1999 c
153 § 75; 1977 ex.s. c 208 § 1; 1957 c 94 § 10. Formerly
RCW 87.01.240.]
87.03.735 Merger of district with drainage, joint
drainage, or consolidated drainage improvement district—Assent, refusal to assent—Effect of show cause
against merger. The board of directors of the irrigation
district, if it deems it not for the best interest of the irrigation district that the proposed merger take place, shall enter
an order refusing to assent to the merger. But, if it deems
it to be to the best interest of the irrigation district that the
merger take place and, if twenty-five or more persons
interested in the irrigation district have not shown cause in
writing why the proposed merger should not take place, or,
if having shown cause, withdraw the same, the board of
directors of the irrigation district may enter an order assenting to the proposed merger.
If twenty-five or more persons interested in the irrigation district shall show cause, as aforesaid, why the proposed
merger should not take place and shall not withdraw the
[Title 87 RCW—page 42]
(2002 Ed.)
Irrigation Districts Generally
same, and if the irrigation district board nevertheless deems
it for the best interest of the irrigation district that the
proposed merger take place, the board shall adopt a resolution to that effect. [1957 c 94 § 13. Formerly RCW
87.01.270.]
87.03.740 Merger of district with drainage, joint
drainage, or consolidated drainage improvement district—Election. Upon the adoption of the resolution, the
board shall order an election held within the irrigation
district on the question of the proposed merger and shall fix
the time thereof and cause notice to be published. The
notice shall be given and the election conducted in the
manner as for special elections on a bond issue of the
district. The ballots shall contain the words "Merger, Yes"
and "Merger, No" or words equivalent thereto. [1957 c 94
§ 14. Formerly RCW 87.01.280.]
Bonds—Election: RCW 87.03.200.
87.03.745 Merger of district with drainage, joint
drainage, or consolidated drainage improvement district—Order of assent or refusal—Filing. If a majority of
the votes cast at the election are against the merger, the
irrigation district board shall enter an order refusing to assent
to the merger. If a majority of the votes cast favor the
merger, the board shall enter an order assenting to the
proposed merger. A copy of the order certified by the
president and secretary of the board shall be filed with the
board of county commissioners or, in case the merger
involves a joint drainage improvement district, with the
boards of county commissioners of the counties in which the
joint drainage improvement district is situated. [1957 c 94
§ 15. Formerly RCW 87.01.290.]
87.03.750 Exclusion of nonirrigable land when state
holds all outstanding bonds—Resolution. Whenever any
irrigation district organized and existing under the laws of
this state, shall have entered into a contract, or contracts,
with the department of ecology, for the sale to and purchase
by the department of an entire authorized issue of the bonds
of the district, for the purpose of procuring funds for district
purposes, including the construction of an irrigation system
for the district, and the department of ecology has advanced,
under such contract, or contracts, funds for such purposes,
and such funds have been expended for the purposes
advanced, and there are no outstanding bonds of the district
other than those which the district has contracted to sell the
department of ecology, and it shall appear to the satisfaction
of the board of directors of the district that the irrigation
system, for the construction of which such funds were
advanced and expended, will not furnish sufficient water for
the successful irrigation of all of the lands within the district
and that the district as constituted will be unable by assessments upon the lands of the district, as provided by law, to
collect sufficient funds to meet the interest payments upon
and pay the bonds at maturity, the board of directors of the
district shall have the power by unanimous resolution to
adopt a comprehensive proposed plan for reducing the
boundaries of the district, excluding therefrom such portions
of the lands of the district as in the judgment of the board
cannot be furnished with sufficient water for successful
(2002 Ed.)
87.03.735
irrigation, and refunding to the owners of such excluded
lands, respectively, any moneys paid for assessments levied
by the district upon the lands excluded, and to release any
such excluded lands from all unpaid assessments levied by
the district, which resolution shall give the boundaries to
which it is proposed to reduce the district and the description
of the lands it is proposed to exclude from the district by
government subdivisions, or metes and bounds. [1988 c 127
§ 48; 1925 ex.s. c 138 § 1; RRS § 7505-1. Formerly RCW
87.44.250.]
87.03.755 Exclusion of nonirrigable land when state
holds all outstanding bonds—Notice of hearing—
Contents. Upon the adoption of the resolution as provided
in RCW 87.03.750, the board of directors of the district shall
cause to be served upon the director of the department of
ecology, and to be published once a week for four successive weeks in a newspaper of general circulation in the
county in which the district is situated a notice that at the
time and place fixed in the notice, the board will hold a
public hearing for the further consideration of the plan
proposed, which notice shall set forth a copy of the resolution adopted by the board, and state that at the hearing the
board will receive and consider any objections to the
proposed plan and/or suggestions for modification thereof, of
any person interested, and at the conclusion of the hearing,
or the final adjournment thereof, the board will proceed by
resolution to adopt the plan proposed, or the modification of
the plan as may be determined by the board, and reduce the
boundaries of the district and exclude therefrom such lands
as cannot be furnished with sufficient water for successful
irrigation, and provide for the repayment to the owners of
the excluded lands of any assessments paid thereon, and the
cancellation of all unpaid assessments against excluded
lands. [1985 c 469 § 90; 1925 ex.s. c 138 § 2; RRS § 75052. Formerly RCW 87.44.260.]
87.03.760 Exclusion of nonirrigable land when state
holds all outstanding bonds—Adoption of resolution—
Appellate review. At the conclusion, or final adjournment,
of the hearing provided for in RCW 87.03.755, the board of
directors of the district shall have the power, by unanimous
resolution to adopt the proposed plan, or such modification
thereof as may be determined by the board, and reduce the
boundaries of the district to such area as, in the judgment of
the board, can be furnished with sufficient water for successful irrigation by the irrigation system of the district, and to
exclude from the district all lands lying outside of such
reduced boundaries, and provide for the repayment to the
owners of any such excluded lands, respectively, of any
sums paid for assessments levied by the district, and to
cancel all unpaid assessments levied by the district against
the lands excluded and release such lands from further
liability therefor. Any person interested and feeling himself
aggrieved by the adoption of such final resolution reducing
the boundaries of the district and excluding lands therefrom,
shall have a right of appeal from the action of the board to
the superior court of the county in which the district is
situated, which appeal may be taken in the manner provided
by law for appeals from justices’ courts, and if upon the
hearing of such appeal it shall be determined by the court
[Title 87 RCW—page 43]
87.03.760
Title 87 RCW: Irrigation
that the irrigation system of the district will not furnish
sufficient water for the successful irrigation of the lands
included within the reduced boundaries of the district, or that
any lands have been excluded from the district unnecessarily,
arbitrarily, capriciously or fraudulently or without substantial
reason for such exclusion, the court shall enter a decree
canceling and setting aside the proceedings of the board of
directors, otherwise the court shall enter a decree confirming
the action of the board. Any party to the proceedings on
appeal in the superior court, feeling himself aggrieved by the
decree of the superior court confirming the action of the
board of directors of the district reducing the boundaries of
the district and excluding lands therefrom, may seek appellate review within thirty days after the entry of the decree of
the superior court in the manner provided by law. If, at the
expiration of thirty days from the entry of the final resolution of the board of directors of the district reducing the
boundaries of the district and excluding lands therefrom, no
appeal has been taken to the superior court of the county in
which the district is situated, or if, after hearing upon appeal
the superior court shall confirm the action of the district, and
at the expiration of thirty days from the entry of such decree,
no appellate review is sought, the boundaries of the district
shall thereafter be in accordance with the resolution of the
board reducing the boundaries, and all lands excluded from
the district by such resolution shall be relieved from all
further liability for any indebtedness of the district or any
unpaid assessments theretofore levied against such lands, and
the owners of excluded lands, upon which assessments have
been paid, shall be entitled to warrants of the district for all
sums paid by reason of such assessments, payable from a
special fund created for that purpose, for which levies shall
be made upon the lands remaining in the district, as the
board of directors may provide. [1988 c 202 § 86; 1971 c
81 § 171; 1925 ex.s. c 138 § 3; RRS § 7505-3. Formerly
RCW 87.44.270.]
Severability—1988 c 202: See note following RCW 2.24.050.
District courts—Civil procedure—Appeals: Chapter 12.36 RCW.
87.03.765 Exclusion of nonirrigable land when state
holds all outstanding bonds—Indebtedness may be
reduced. Whenever it shall appear, to the satisfaction of the
director of ecology, that the irrigation system of any irrigation district, to which the department of ecology of the state
of Washington under a contract with the district for the
purchase of its bonds, has advanced funds for the purpose of
constructing an irrigation system for the district, has been
found incapable of furnishing sufficient water for the
successful irrigation of all of the lands of such district, and
that the board of directors of such district has reduced the
boundaries thereof and excluded from the district, as
provided in RCW 87.03.750 through 87.03.760, sufficient
lands to render such irrigation system adequate for the
successful irrigation of the lands of the district, and that
more than thirty days have elapsed since the adoption of the
resolution by the board of directors reducing the boundaries
of the district and excluding lands therefrom, and no appeal
has been taken from the action of the board, or that the
action of the board has been confirmed by the superior court
of the county in which the district is situated and no appeal
has been taken to the supreme court or the court of appeals,
[Title 87 RCW—page 44]
or that upon review by the supreme court or the court of
appeals the action of the board of directors of the district has
been confirmed, the director of ecology shall be and he is
hereby authorized to cancel and reduce the obligation of the
district to the department of ecology, for the repayment of
moneys advanced for the construction of an irrigation system
for the district, to such amount as, in his judgment, the
district will be able to pay from revenues derived from
assessments upon the remaining lands of the district, and to
accept, in payment of the balance of the obligation of the
district, the authorized bonds of the district, in numerical
order beginning with the lowest number, on the basis of the
percentage of the face value thereof fixed in contracts
between the district and the department of ecology, in an
amount equal to said balance of the obligation of the district,
in full and complete satisfaction of all claims of the department of ecology against the district. [1988 c 202 § 87; 1971
c 81 § 172; 1925 ex.s. c 138 § 4; RRS § 7505-4. Formerly
RCW 87.44.280.]
Severability—1988 c 202: See note following RCW 2.24.050.
87.03.770 Exclusion of nonirrigable land when state
holds all outstanding bonds—Reconveyance of excluded
land formerly foreclosed to district. Whenever the
boundaries of any irrigation district have been reduced and
lands excluded from such district, as provided in *this act,
the directors of such district shall be authorized and directed
to execute and deliver to the owners, respectively, of any
lands excluded from the district, which have been deeded to
the district for the nonpayment of assessments theretofore
levied, deeds of reconveyance and quit claim of all right,
title and interest of the district in such lands, respectively.
[1925 ex.s. c 138 § 5; RRS § 7505-5. Formerly RCW
87.44.290.]
*Reviser’s note: "This act" is codified as RCW 87.03.750 through
87.03.770.
87.03.775 Map of district. Said board of directors
shall cause a map to be made of the irrigation districts
showing each forty acres, subdivision or fraction thereof, and
place the same on file in their office. [1895 c 165 § 28;
RRS § 7495. Formerly RCW 87.08.120.]
Surveys, maps and plans to be prepared: RCW 87.03.165 through
87.03.170.
87.03.780 Proceedings for judicial confirmation—
Authorization. The board of directors of an irrigation
district, now or hereafter organized under the provisions of
this chapter, may commence a special proceeding in and by
which the proceedings for organizing such district or the
proceedings of said board and of said district, providing for
and authorizing the issue and sale of the bonds or refunding
bonds of said district whether said bonds or refunding bonds
or any of them have or have not then been sold or any
contract entered or proposed to be entered into by the
district, or any contract made or entered into, or to be made
or entered into, for the payment of moneys to the United
States or the state of Washington in connection with which
bonds be not deposited with the United States or the state of
Washington as provided in RCW 87.03.140, may be judicially examined, approved and confirmed.
(2002 Ed.)
Irrigation Districts Generally
There may be combined with the proceeding for the
confirmation of the organization and formation of said
district, either of the other confirmation proceedings above
mentioned. [1931 c 60 § 6; 1921 c 129 § 45; 1917 c 162 §
17; 1915 c 179 § 27; 1889-90 p 703 § 73; RRS § 7499.
Formerly RCW 87.08.190.]
Refunding bonds, 1929 act—Judicial confirmation: RCW 87.22.280.
87.03.785 Proceedings for judicial confirmation—
Petition—Contents. The board of directors of the irrigation
district shall file in the superior court of the county in which
the lands of the district, or some portion thereof, are situated,
a petition praying in effect, that the proceedings aforesaid
may be examined, approved, and confirmed by the court.
The petition shall state the facts, showing the proceedings
had for the organization of said district or the proceedings
had for the issue and sale of said bonds or for the issue and
sale of said refunding bonds, or for the authorization of contract with the United States, or other contract described in
said petition; and shall state generally that the irrigation
district was duly organized, and that the first board of
directors was duly elected; but the petition need not state the
facts showing such organization of the district, or the
election of said first board of directors. [1931 c 60 § 7;
1917 c 162 § 18; 1915 c 179 § 28; 1889-90 p 703 § 74;
RRS § 7500. Formerly RCW 87.08.200.]
87.03.790 Proceedings for judicial confirmation—
Notice of hearing. The court shall fix the time for the
hearing of said petition, and shall order the clerk of the court
to give and publish a notice of the filing of said petition.
The notice shall be given and published in the same manner
and for the same length of time that a notice of a special
election provided for by this chapter to determine whether
the bonds of said district shall be issued is required to be
given and published. The notice shall state the time and
place fixed for the hearing of the petition, and the prayer of
the petition, and that any person interested in the organization of said district or in the proceedings for the issue or sale
of said bonds or refunding bonds or for the authorization of
contract with the United States, or the state of Washington,
or any other contract, may, on or before the day fixed for the
hearing of said petition, demur to or answer said petition.
The petition may be referred to and described in said notice
as the petition of the board of directors of irrigation district
(giving its name) praying that the proceedings for the
organization of said district or the proceedings for the issue
and sale of the bonds of said district or for the authorization
of contract with the United States, or the state of Washington, or other contracts, may be examined, approved, and
confirmed by said court. [1931 c 60 § 8; 1921 c 129 § 46;
1917 c 162 § 19; 1915 c 179 § 29; 1889-90 p 704 § 75;
RRS § 7501. Formerly RCW 87.08.210.]
Notice of a special election on bonds: RCW 87.03.200.
Official paper for publication: RCW 87.03.020.
87.03.795 Proceedings for judicial confirmation—
Demurrer or answer—Procedure. Any person interested
in said district or in the issue or sale of said bonds in the
issue or sale of refunding bonds or in the making of a
contract with the United States or any contract referred to in
(2002 Ed.)
87.03.780
said petition may demur to or answer said petition. The
statutes of this state respecting the demurrer, and the answer
to a verified complaint, shall be applicable to a demurrer and
answer to said petition. The person so demurring to or
answering said petition shall be the defendant to said special
proceeding, and the board of directors shall be the plaintiff.
Every material statement of the petition not specifically
controverted by the answer must, for the purposes of said
special proceeding, be taken as true, and each person failing
to answer the petition shall be deemed to admit as true all
the material statements of the petition. The rules of pleading
and practice provided by the statutes of this state, which are
not inconsistent with the provisions of this chapter, are
applicable to the special proceeding herein provided for. A
motion for a new trial must be made upon the minutes of the
court. The order granting a new trial must specify the issue
to be reexamined on such new trial, and the findings of the
court upon the other issues shall not be affected by such
order granting a new trial. [1931 c 60 § 9; 1915 c 179 § 30;
1889-90 p 704 § 76; RRS § 7502. Formerly RCW
87.08.220.]
Rules of court: Cf. Superior Court Civil Rules.
Civil procedure: Title 4 RCW.
87.03.800 Proceedings for judicial confirmation—
Jurisdiction of court—Order—Costs. Upon the hearing of
such special proceedings, the court shall have full power and
jurisdiction to examine and determine the legality and
validity of and approve and confirm each and all of the
proceedings for the organization of said district under the
provisions of this chapter from and including the petition for
the organization of the district, and all other proceedings
which may affect the legality of the formation of said district
or the legality or validity of said bonds, or refunding bonds,
and the order for the sale, and the sale thereof, and all
proceedings which may affect the authorization or validity of
the contract with the United States, or the state of Washington, or other contract. The court, in inquiring into the regularity, legality or correctness of said proceedings, must
disregard any error, irregularity or omission which does not
affect the substantial rights of the parties to said special
proceedings, and it may approve and confirm such proceedings, in part, and disapprove and declare illegal or invalid
other or subsequent parts of the proceedings. The court shall
find and determine whether the notice of the filing of said
petition has been duly given and published for the time and
in the manner in this chapter prescribed. The costs of the
special proceedings may be allowed and apportioned
between all of the parties, in the discretion of the court.
[1931 c 60 § 10; 1921 c 129 § 47; 1917 c 162 § 20; 1915 c
179 § 31; 1889-90 p 705 § 77; RRS § 7503. Formerly
RCW 87.08.230.]
Notice of special election on bonds: RCW 87.03.200.
87.03.805 Proceedings for judicial confirmation—
Appeal. An appeal from an order granting or refusing a
new trial, or from the judgment, must be taken by the party
aggrieved within thirty days after the entry of said order or
said judgment. [1915 c 179 § 32; 1889-90 p 705 § 78; RRS
§ 7504. Formerly RCW 87.08.240.]
[Title 87 RCW—page 45]
87.03.810
Title 87 RCW: Irrigation
87.03.810 Lump sum payment to district for
irrigable lands acquired for highway purposes. Whenever
lands situated in an irrigation district are acquired by the
department of transportation, and the lands, at the time of
their acquisition by the department of transportation, were
irrigable and were being served or were capable of being
served by facilities of the district to the same extent and in
the same manner as lands of like character held under
private ownership were served, the department of transportation, as part of the cost and expense of the acquisition of
rights of way and with funds available for the acquisition
and at the time of the acquisition, shall make a lump sum
payment to the irrigation district in an amount that is:
(1) Sufficient to pay the pro rata share of the district’s
bonded indebtedness, if any, and the pro rata share of the
district’s contract indebtedness to the United States or to the
state of Washington, if any, allocable to the lands, plus
interest on the pro rata share if the indebtedness is not
callable in advance of maturity; and
(2) Further, sufficient to pay any deferred installments
of local improvement district assessments against the lands,
if any; and
(3) Further, sufficient to produce, if invested at an
annual rate of interest equivalent to that set forth in current
tables issued by the state insurance commissioner, a sum of
money equal to the annual increase in operation and maintenance costs against remaining lands in the district resulting
from the severance from the district of the lands thus
acquired by the department of transportation. For the
purposes of determining the amount of the lump sum
payment, the annual maintenance and operation assessment
of the district shall be considered to be the average for the
ten years, or so many years as the district has assessment
experience if less than ten years, preceding the date of
acquisition. [1984 c 7 § 380; 1959 c 303 § 1. Formerly
RCW 87.01.300.]
Severability—1984 c 7: See note following RCW 47.01.141.
87.03.815 Lump sum payment to district for
irrigable lands acquired for highway purposes—Order
relieving further district assessments. Upon the department of transportation making the lump sum payment to the
district under RCW 87.03.810, the district shall make and
enter an order relieving the lands from further district assessments for the delivery of water to the lands. [1984 c 7 §
381; 1959 c 303 § 2. Formerly RCW 87.01.310.]
Severability—1984 c 7: See note following RCW 47.01.141.
87.03.820 Disposal of real property—Right of
adjacent owners. Whenever as the result of abandonment
of an irrigation district right of way real property held by an
irrigation district is to be sold or otherwise disposed of,
notice shall be given to the owners of lands adjoining that
real property and such owners shall have a right of first
refusal to purchase at the appraised price all or any part of
the real property to be sold or otherwise disposed of which
adjoins or is adjacent to their land.
Real property to be sold or otherwise disposed of under
this section shall have been first appraised by the county
assessor or by a person designated by him.
[Title 87 RCW—page 46]
Notice under this section shall be sufficient if sent by
registered mail to the owner, and at the address, as shown in
the tax records of the county in which the land is situated.
Notice under this section shall be in addition to any other
notice required by law.
After sixty days from the date of sending of notice, if
no applications for purchase have been received by the
irrigation district or other person or entity sending notice, the
rights of first refusal of owners of adjoining lands shall be
deemed to have been waived, and the real property may be
sold or otherwise disposed of.
If two or more owners of adjoining lands apply to
purchase the same real property, or apply to purchase
overlapping parts of the real property, the respective rights
of the applicants may be determined in the superior court of
the county in which the real property is situated; and the
court may divide the real property in question between some
or all of the applicants or award the whole to one applicant,
as justice may require.
Any sale or other disposal of real property pursuant to
chapters 87.52, 87.53, and 87.56 RCW shall be made in
accordance with the requirements of this section. [1973 c
150 § 1; 1971 ex.s. c 125 § 2.]
87.03.825 Hydroelectric resources—Development—
Legislative findings. The legislature finds that a significant
potential exists for the development of cost-effective renewable hydroelectric resources by irrigation districts, cities,
towns, and public utility districts and further finds that it is
in the best interests of the state and its citizens for such
entities to develop that hydroelectric generating resource
cooperatively whenever possible through the use of separate
legal authorities. The legislature also finds that the development of such hydroelectric resources will be beneficial in
meeting the present and future energy needs of the citizens
of the state, will further a state purpose and policy, and will
be in the public interest. [1983 c 47 § 1.]
Severability—1983 c 47: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 47 § 7.]
87.03.828 Hydroelectric resources—Separate legal
authority—Creation by irrigation districts and cities,
towns, or public utility districts—Powers. One or more
irrigation districts and any combination of cities, towns, or
public utility districts may create a separate legal authority
to construct, finance, acquire, own, operate, and maintain
hydroelectric facilities including, but not limited to, dams,
canals, plants, transmission lines, other power equipment and
the necessary property and property rights therefor, located
within or outside the boundaries of the entities creating the
authority, for the purpose of utilizing for the generation of
electricity water power made available by and as a part of
the irrigation water storage, conveyance, and distribution
facilities, wasteways, and drainage water facilities which
serve or may in the future serve irrigation districts, and to
sell by contract on such terms and conditions as deemed
appropriate by the legislative body of the authority the
electric power and energy created by or generated at such
hydroelectric facilities to municipal or quasi municipal
corporations or cooperatives authorized to engage in the
(2002 Ed.)
Irrigation Districts Generally
business of distributing electricity, electrical companies
subject to the jurisdiction of the utilities and transportation
commission, or irrigation districts. Any authority so created
shall have the same powers and only those powers granted
to irrigation districts by chapter 185, Laws of 1979 ex. sess.
and has such additional powers relating to its organization,
right to contract in its own name, and general ability to exist
and function as a separate legal authority as deemed appropriate by the entities creating it. The authority shall be
created and organized by contract in the manner described in
chapter 39.34 RCW and shall be a separate legal entity
capable of exercising in its own name the powers granted it.
No provision of chapter 39.34 RCW or any other provision
of law may be interpreted to require the entities creating the
authority to submit the contract creating the authority to any
state, county, or municipal officer, entity, agency, or board
for approval or disapproval. [1983 c 47 § 2.]
Severability—1983 c 47: See note following RCW 87.03.825.
87.03.831 Hydroelectric resources—Separate legal
authority—Procedures for membership and for construction and acquisition of facilities. Cities, towns, and public
utility districts not engaged in the generation, transmission,
or distribution of electricity on April 19, 1983, may be members of a separate legal authority created under the provisions of RCW 87.03.828 without the necessity of obtaining
prior approval of their voters. However, no such city, town,
or public utility district member of such a separate legal
authority may construct or acquire facilities for the generation, transmission, or distribution of electricity independently
of the separate legal authority without complying with the
election requirements applicable to each individual entity.
[1983 c 47 § 4.]
Severability—1983 c 47: See note following RCW 87.03.825.
87.03.834 Hydroelectric resources—Separate legal
authority—Voter ratification of actions. After demand
made by a majority of the authority’s members, the actions
of an authority shall become subject to ratification and
approval by the voters of its members in accordance with
procedures agreed to by its members. Every contract
establishing an authority shall provide appropriate procedures
for ratification and approval of actions taken by the authority
by the voters of its members. [1983 c 47 § 5.]
Severability—1983 c 47: See note following RCW 87.03.825.
87.03.837 Hydroelectric resources—Separate legal
authority—Repayment of indebtedness—Powers. A
separate legal authority shall only have power to incur
indebtedness that is repayable from rates, tolls, charges, or
contract payments for services or electricity provided by the
authority and to pledge such revenues for the payment and
retirement of indebtedness issued for the construction or
acquisition of hydroelectric facilities. An authority shall not
have power to levy taxes or to impose assessments for the
payment of obligations of the authority. Every bond or other
evidence of indebtedness issued by an authority shall provide
(1) that repayment shall be limited solely to the revenues of
the authority, and (2) that no member of the authority shall
be obligated to repay directly or indirectly any obligation of
the authority except to the extent of fair value for services
(2002 Ed.)
87.03.828
actually received from the authority. No member may
pledge its revenues to support the issuance of revenue bonds
or other indebtedness of an authority. This section shall not
be construed to prohibit members of an authority from
paying the necessary expenses of organizing and administering the authority and of studies performed, applications
prepared, and consultants retained with regard to projects the
authority is studying, developing, constructing, or operating.
[1983 c 47 § 6.]
Severability—1983 c 47: See note following RCW 87.03.825.
87.03.840 Chapter supplementary—When. This
chapter supplements and neither restricts nor limits any
powers which a city, town, public utility district, or irrigation
district might otherwise have under any laws of this state,
except that no such authority created by RCW 87.03.828 and
no city, town, or public utility district member of an authority may condemn for the benefit of the authority any plant,
works, dam, facility, right, or property owned by any city,
town, irrigation district, public utility district, or electrical
company subject to the jurisdiction of the utilities and
transportation commission. [1983 c 47 § 3.]
Severability—1983 c 47: See note following RCW 87.03.825.
87.03.845 Merger of minor irrigation district into
major irrigation district—Proceedings to initiate—
Notice—Hearing. This section and RCW 87.03.847 through
87.03.855 provide the procedures by which a minor irrigation district may be merged into a major irrigation district as
authorized by RCW 87.03.530(2).
To institute proceedings for such a merger, the board of
directors of the minor district shall adopt a resolution
requesting the board of directors of the major district to
consider the merger, or proceedings for such a merger may
be instituted by a petition requesting the board of directors
of the major district to consider the merger, signed by ten
owners of land within the minor district or five percent of
the total number of landowners within the minor district,
whichever is greater. However, if there are fewer than twenty owners of land within the minor irrigation district, the
petition shall be signed by a majority of the landowners and
filed with the board of directors of the major irrigation
district.
For the purpose of determining the number of landowners required to initiate merger proceedings under this section,
a husband and wife owning property as community property
shall be considered a single landowner; two or more persons
or entities holding title to property as tenants in common,
joint tenants, tenants in partnership, or other form of joint
ownership shall be considered a single landowner; and the
petition requesting the merger shall be considered by the
board of directors of the major irrigation district may be [if
the petition is] signed by either the husband or wife and by
any one of the co-owners of jointly owned property.
The board of directors of the major irrigation district
shall consider the request at the next regularly scheduled
meeting of the board of directors of the major district
following its receipt of the minor district’s request or at a
special meeting called for the purpose of considering the
request. If the board of the major district denies the request
[Title 87 RCW—page 47]
87.03.845
Title 87 RCW: Irrigation
of the minor district, no further action on the request shall be
taken.
If the board of the major district does not deny the
request, it shall conduct a public hearing on the request and
shall give notice regarding the hearing. The notice shall
describe the proposed merger and shall be published once a
week for two consecutive weeks preceding the date of the
hearing and the last publication shall be not more than seven
days before the date of the hearing. The notice shall contain
a statement that unless the holders of title or evidence of title
to at least twenty percent of the assessed lands within the
major district file a protest opposing the merger with the
board of the major district at or before the hearing, the board
is free to approve the request for the merger without an
election being conducted in the major district on the request.
If the board of the major district is considering requests from
more than one minor district, the hearing shall be conducted
on all such requests. [2001 c 149 § 1; 1998 c 84 § 1; 1993
c 235 § 2.]
87.03.847 Merger of minor irrigation district into
major irrigation district—Denial or adoption of request
for merger—Notice—Elections—Notification of merger.
(1) If, following the public hearing conducted under RCW
87.03.845, the board of directors of the major irrigation
district denies the request for a merger, no further action
shall be taken on the request. If, following the public
hearing, the board adopts a resolution approving the merger,
the merger is approved by the major irrigation district and no
election shall be held in the major district to approve the
merger. However, if the holders of title or evidence of title
to at least twenty percent of the assessed lands within the
major district file a protest opposing the merger with the
board of the major district at or before the public hearing,
the board shall call a special election and submit to the
voters of the major district the question of whether the
merger should or should not be approved. Votes shall be
cast as "Merger - Yes" or "Merger - No." If such a special
election must be conducted and a majority of all votes cast
in the district approve the merger, the merger is approved by
the major district. Such an approval is effective on the date
the returns of the election are canvassed under RCW
87.03.105.
(2) The board of directors of the minor irrigation district
shall, within thirty days of the date the merger is approved
by the major district or of the date the board of the major
district issues its call for a special election on the merger,
call a special election within the minor district and submit to
the voters of the minor district the question of whether the
merger should or should not be approved. If special
elections must be conducted in both districts, both elections
shall be conducted on the date set by the board of the major
district. If only the minor district must conduct such a
special election, the election shall be held not later than sixty
days after the date the merger has been approved by the
board of the major district. Votes on the question shall be
cast as "Merger - Yes" or "Merger - No." If a majority of
all votes cast in the district are cast for "Merger - Yes," the
merger is approved by the minor irrigation district. Such an
approval is effective on the date the returns of the election
are canvassed under RCW 87.03.105.
[Title 87 RCW—page 48]
(3) Notice of election in each district on the merger
question shall conform to the requirements of notices for
elections in the major district. Elections and voting in each
district shall be consistent with RCW 87.03.045, 87.03.051,
and 87.03.071. If the majority of all votes cast in a special
election in either the major or a minor district are cast for
"Merger - No," the merger is not approved.
(4) If the merger is approved by the major irrigation
district and by the minor irrigation district as provided by
this section, the minor irrigation district is merged into the
major irrigation district. If two or more minor districts are
merging with a major district in one process as authorized by
RCW 87.03.855 and if the merger is approved by the major
irrigation district and by at least one of the minor irrigation
districts as provided by this section, each minor irrigation
district so approving is merged into the major irrigation
district. The effective date of the merger is the date by
which approval of the merger has been secured in both
districts or, under RCW 87.03.855, in the major and minor
district or districts. The board or boards of county commissioners of the county or counties containing territory of
the merged districts and the director of the department of
ecology shall be notified that the districts have merged.
[1993 c 235 § 3.]
87.03.849 Merger of minor irrigation district into
major irrigation district—Board of directors—Transfer
of property and assets. The members of the board of
directors of the major irrigation district shall hold office as
directors of the district formed by the merger until the end
of their terms of office. If the major district is divided into
director divisions, the board of the major district shall
propose a plan for redividing the district into divisions that
reflect the boundaries of the district created by the merger
and this requirement regarding the directors of the major
district. If the major district is considering a merger with
more than one minor district, the board shall submit plans
for the various possible mergers. The proposal or proposals
shall be filed with the county legislative authority before the
merger is approved in the major district or the minor district
or districts. Following the merger, the county legislative
authority shall approve the plan submitted for the districts
that actually merged.
On the effective date of the merger, the directors of the
minor district shall transfer the property and other assets of
the district as required in RCW 87.03.853. Following the
transfer of the property and other assets, the minor irrigation
district and the office of director of the minor district shall
cease to exist.
The board of directors of the district formed by the
merger shall have all the powers and obligations of the
boards of the major and minor districts that were merged to
form the district including, but not limited to, such boards’
powers and obligations for any local improvement districts
created in the minor or major district under this chapter.
[1993 c 235 § 4.]
87.03.851 Merger of minor irrigation district into
major irrigation district—Bonds or obligations not
impaired—Enforcement of assessments and obligations—
Establishment of local improvement district to carry out
(2002 Ed.)
Irrigation Districts Generally
obligations. (1) The merger of irrigation districts shall not
affect or impair any bonds or obligations of the merged
districts and the holders of the bonds of any merged district
shall be entitled to all remedies for their enforcement as if
the district had not been merged. All obligations incurred by
the district prior to its merger shall be a prior lien to any
obligation that may be incurred against the district created by
the merger. However, the board of directors of the merged
district may, when authorized under RCW 87.03.200 and
with the consent of the bondholders, exchange the bonds of
the district created by the merger for the bonds of the
districts that merged. If the major or minor district entered,
prior to the merger, into a contract with the United States
under this chapter and the board of directors of the district
created by the merger proposes that the merged district enter
into a contract with the United States, the board may do so
when authorized under RCW 87.03.200 and may, with the
consent of the United States, cancel any contract previously
entered into between the major or minor district and the
United States.
(2) The district created by the merger shall be entitled
to all remedies for the enforcement of the irrigation district
assessments and other obligations of lands to the districts
that merged as if the districts had not merged. All obligations incurred for irrigation district or local improvement district purposes by the lands within the major or minor district
prior to its merger shall be a prior lien to any obligation that
may be incurred against those lands after the merger.
(3) Until premerger assessments have been collected and
all of the premerger indebtedness of the major and minor
districts that merged have been paid, separate funds shall be
maintained for each district as were maintained in each prior
to the merger. The board of directors of the irrigation district created by the merger may establish a local improvement district for each district included in the merger to carry
out the obligations of each such district. This board shall
have all the powers possessed by the boards of directors of
the districts included in the merger to carry out all contracts
of the included districts and to levy, assess, and cause to be
collected any and all assessments or charges against the
lands of each of the included districts. A petition shall not
be required for the formation of a local improvement district
created for this purpose. [1993 c 235 § 5.]
87.03.853 Merger of minor irrigation district into
major irrigation district—Statement of property and
assets of minor district. Prior to or on the effective date of
a merger of a minor irrigation district and a major irrigation
district, the board of directors of the minor district shall
cause to be prepared a statement of all property and other
assets of the minor district. The statement shall be filed
with the board of directors of the district created by the
merger and on the effective date of the merger. The
statement shall also be filed with the county auditor of the
county containing the majority of the territory of the district
after the merger. Upon the filing with the board, the
property and other assets of the minor district shall, subject
to the rights of the holders of bonds or other obligations of
the minor district, become the property and other assets of
the district created by the merger. [1993 c 235 § 6.]
(2002 Ed.)
87.03.851
87.03.855 Merger of minor irrigation district into
major irrigation district—Merger of more than two
districts. More than two irrigation districts may merge
under RCW 87.03.530(2) and 87.03.845 through 87.03.853
in one merger process. However, only one of the districts
may be a "major" irrigation district and the assessed acreage
in all of the other districts merging in the process, when
taken collectively, shall not constitute more than thirty
percent of the combined assessed acreage of all of the
merging districts. In such a case, each of these other,
nonmajor districts is considered to be a "minor" irrigation
district under RCW 87.03.530(2) and 87.03.845 through
87.03.853. [1993 c 235 § 7.]
87.03.857 Merger of minor irrigation district into
major irrigation district—Existing water rights not
impaired. Nothing in RCW 87.03.530(2) and 87.03.845
through 87.03.855 shall authorize the impairment or operate
to impair any existing water rights. [1993 c 235 § 8.]
87.03.860 Assumption of substandard water system—Limited immunity from liability. An irrigation
district assuming responsibility for a water system that is not
in compliance with state or federal requirements for public
drinking water systems, and its agents and employees, are
immune from lawsuits or causes of action, based on noncompliance with state or federal requirements for public
drinking water systems, which predate the date of assuming
responsibility and continue after the date of assuming
responsibility, provided that the irrigation district has
submitted and is complying with a plan and schedule of
improvements approved by the department of health. This
immunity shall expire on the earlier of the date the plan of
improvements is completed or four years from the date of
assuming responsibility. This immunity does not apply to
intentional injuries, fraud, or bad faith. [1994 c 292 § 11.]
Findings—Intent—1994 c 292: See note following RCW 57.04.050.
87.03.870 Mutual aid agreements for emergency
interdistrict assistance—Authority—Liability. (1) Under
the interlocal cooperation act, chapter 39.34 RCW, an
irrigation district may enter into a mutual aid agreement with
any other irrigation district to provide emergency interdistrict
assistance to respond to a breach or other failure of an
irrigation water conveyance system when the required
response exceeds the existing resources available to the
district requesting assistance. Assistance may be provided
without compensation.
(2) Whenever the employees of an irrigation district are
rendering outside aid pursuant to the authority contained in
this section, the employees have the same powers, duties,
rights, privileges, and immunities as if they were performing
their duties in the irrigation district in which they are
normally employed. Supervision of the employees may be
temporarily delegated as provided by the mutual aid agreement.
(3) The irrigation district in which any equipment is
used pursuant to this section is liable for any loss or damage
caused to the equipment and shall pay any ordinary expense
incurred in the daily operation and maintenance of the
equipment. No claim for loss, damage, or expense may be
[Title 87 RCW—page 49]
87.03.870
Title 87 RCW: Irrigation
allowed unless, within sixty days after the loss, damage, or
expense is sustained or incurred, an itemized notice of the
claim under oath is served by mail or otherwise upon the
secretary of the irrigation district where the equipment was
used. [1996 c 214 § 3.]
87.03.880 Tariff for irrigation pumping service—
Authority to buy back electricity. The board may approve
a tariff for irrigation pumping service that allows the
irrigation district to buy back electricity from customers to
reduce electricity usage by those customers during the
irrigation district’s particular irrigation season. [2001 c 122
§ 6.]
Chapter 87.04
DIRECTOR DIVISIONS
Sections
87.04.010
87.04.020
87.04.030
87.04.040
87.04.050
87.04.055
87.04.058
Effective date—2001 c 122: See note following RCW 80.28.310.
87.03.900 Construction—1913 c 165. All irrigation
districts in the state of Washington, and all proceedings had
for the organization of any irrigation district, and all proceedings now pending in or relating to any irrigation district,
shall be governed and controlled by the terms of this act,
and this act shall not be construed as abridging or abrogating
any of the rights or privileges of any irrigation district now
organized, or being organized, and any contract, obligation,
lien or charge, or bonds of any district, which may have
been made, incurred, authorized or issued, prior to the taking
effect of this act shall not be abridged or impaired by the
terms of this act, but this act shall be construed as being a
continuation of, and in aid of the previously existing laws
relating to irrigation districts, except as to the sections
specially repealed; and if in any instance relating to an
existing district or any of its proceedings, the term of this
amendatory act shall not be legally applicable, the district
may proceed, and any contract, obligation, lien or charge
against it may be enforced, under the terms and provisions
of the law relating to irrigation districts in force and in effect
prior to the taking effect of this act. [1913 c 165 § 23.]
87.03.905 Severability—1921 c 129. If any section
or provision of this act shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the act as a whole, or any section, provision or
part thereof not adjudged to be invalid or unconstitutional.
[1921 c 129 § 49.]
87.03.910 Severability—1923 c 138. If any section
or provision of this act shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the act as a whole or any section, provision or
part thereof not adjudged to be invalid or unconstitutional.
[1923 c 138 § 14.]
87.03.915 Severability—1935 c 128. In case any part
or portion of this act shall be held unconstitutional, such
holding shall not affect the validity of this act as a whole or
any other part or portion of this act not adjudged unconstitutional. [1935 c 128 § 3.]
87.04.060
87.04.070
87.04.080
87.04.090
87.04.100
87.04.900
87.04.910
Divisions of certain districts required—Number—
Directors—Who are electors.
Director vacancies, how filled.
New district to be divided by county commissioners—
Objections, denial, election.
Petition to divide or redivide.
Redivision when number of directors changed or new lands
included.
Procedure for adding land to director divisions when new
land included in district.
Application of RCW 87.04.030 through 87.04.055 following
merger of minor irrigation district into major irrigation
district.
Time for hearing on petition—Notice, contents.
Hearing—Order of denial or rejection—Election to divide or
redivide.
Election of directors—Terms.
Levy limitation until water received when federal works or
contracts involved—Exception.
Certain excess lands under federal contracts, assessment
limitation—Exception.
Chapter supplemental to other laws—General repealer.
Severability—1939 c 13.
87.04.010 Divisions of certain districts required—
Number—Directors—Who are electors. An irrigation
district comprising two hundred thousand or more acres, or
irrigation districts comprising less than two hundred thousand acres which have followed the optional procedure
specified in *this amendatory act, shall be divided into
divisions of as nearly equal area as practical, consistent with
being fair and equitable to the electors of the district. The
number of divisions shall be the same as the number of
directors, which shall be numbered first, second, third, etc.
One director, who shall be an elector of the division, shall be
elected for each division of the district by the electors of his
division. A district elector shall be considered an elector of
the division in which he holds title to or evidence of title to
land. An elector holding title to or evidence of title to land
in more than one division shall be considered an elector of
the division nearest his place of residence. [1961 c 192 § 1;
1939 c 13 § 1; RRS § 7505-5a.]
*Reviser’s note: The language "this amendatory act" refers to 1961
c 192 codified as RCW 87.04.010 through 87.04.900, 87.03.045, 87.03.080,
87.03.081, and 87.03.082.
Directors—Election, terms, etc.: RCW 87.03.080 through 87.03.082.
Organization of board, meetings, etc.: RCW 87.03.115.
Qualifications of voters and directors: RCW 87.03.045.
87.04.020 Director vacancies, how filled. Vacancies
in the representation of director divisions on the board of
directors of the irrigation district shall be filled by appointment of an elector of the division concerned, in the same
manner and for the same time as provided by law for the
filling of vacancies on the board of directors of irrigation
districts generally. [1961 c 192 § 2; 1939 c 13 § 2; RRS §
7505-5b.]
Directors—Vacancies, how filled: RCW 87.03.081.
87.04.030 New district to be divided by county
commissioners—Objections, denial, election. When a new
[Title 87 RCW—page 50]
(2002 Ed.)
Director Divisions
irrigation district comprising more than two hundred thousand acres has been authorized, pursuant to law, the board of
county commissioners shall, within thirty days from the
canvassing of the returns, divide the district into director
divisions equal to the number of directors, and in the
resolution organizing the district, they shall include an order
designating the director divisions and describing the boundaries thereof. When a petition for the formation of a new
irrigation district comprising less than two hundred thousand
acres has been filed pursuant to law and said petition
includes a request that the district be divided into director
divisions, the board of county commissioners shall divide the
district into director divisions as provided in this section
unless objections to director divisions are made at the
hearing held pursuant to RCW 87.03.020; and in the event
objections to director divisions are made and not withdrawn,
the board of county commissioners may deny the request for
director divisions or if it determines that it is to the best
interests of the district that director divisions be established,
it may, in its order calling an election for organization of the
district, include a separate proposition on the question of
director divisions; and if a majority of the votes cast on said
proposition are in favor of director divisions, then the resolution organizing the district shall include an order designating the director divisions and describing the boundaries
thereof. [1961 c 192 § 3; 1939 c 13 § 3; RRS § 7505-5c.]
87.04.040 Petition to divide or redivide. Proceedings
to divide or redivide a district comprising less than two
hundred thousand acres into director divisions, or to redivide
the director divisions heretofore established for districts
comprising more than two hundred thousand acres, may be
initiated by a petition filed with the county commissioners of
the county in which the principal office of the district is
situated. The petition shall designate the name of the district
and pray that it be divided into director divisions, or that
existing director divisions be redivided, and shall be signed
by at least two-thirds of the directors of the district or in lieu
thereof by at least twenty electors of the district. A petition
to divide or redivide a district shall not be filed more than
once in each five-year period except for redivisions necessitated by reason of a change in the total number of directors
of the district. [1961 c 192 § 4; 1939 c 13 § 4; RRS §
7505-5d.]
87.04.050 Redivision when number of directors
changed or new lands included. If the number of directors
is changed for a district which is divided into director
divisions or new lands outside of existing director divisions
are included into a district but cannot be added to director
divisions as provided in RCW 87.04.055 due to geographic
limitations, a petition for redivision or addition shall be filed
with the board of county commissioners by the directors of
the district and all proceedings thereon shall be conducted in
the manner as provided in RCW 87.04.060 and 87.04.070:
PROVIDED, That even if objections are filed at the hearing
on said petition, no election shall be held but the board of
county commissioners shall make such division or addition
that they determine to be fair and equitable to the electors of
the district. [1967 c 205 § 1; 1961 c 192 § 5; 1939 c 13 §
7; RRS § 7505-5g.]
(2002 Ed.)
87.04.030
87.04.055 Procedure for adding land to director
divisions when new land included in district. When land
located outside existing director divisions is included in an
irrigation district such land shall thereby be added to the
nearest director division, except that where added lands are
adjacent to two or more director divisions, the common
boundary lines between the divisions shall be extended in a
straight line so as to include the new lands in such divisions:
PROVIDED, That where the provisions of this section
cannot be applied due to geographic limitations, the procedures provided for in RCW 87.04.050 shall apply. [1967 c
205 § 2.]
87.04.058 Application of RCW 87.04.030 through
87.04.055 following merger of minor irrigation district
into major irrigation district. RCW 87.04.030 through
87.04.055 do not apply to redividing a district immediately
following a merger as provided in RCW 87.03.849. [1993
c 235 § 9.]
87.04.060 Time for hearing on petition—Notice,
contents. Upon the filing of the petition the board of county
commissioners shall fix a time and place for hearing thereon,
which shall be not less than thirty days nor more than
forty-five days from the date of filing, and shall cause notice
thereof, stating the time, place, and general purpose of the
hearing, to be published in a newspaper of general circulation in each county in which any of the lands of the district
are situated, in at least three consecutive weekly issues; if
there is no such newspaper published in a county, then in a
newspaper of general circulation therein, designated by the
county commissioner. The notice shall state the filing of the
petition and its prayer, but need not describe with particularity the boundaries of the divisions recommended in the petition, and shall notify all electors of the district to appear at
the time and place named in the notice to show cause, if any
they have, why the district should not be divided or redivided into director divisions. [1961 c 192 § 6; 1939 c 13 § 5;
RRS § 7505-5e.]
Official paper for publication: RCW 87.03.020.
87.04.070 Hearing—Order of denial or rejection—
Election to divide or redivide. At the hearing or adjournments thereof, which shall not be for more than sixty days
in all, the board of county commissioners shall consider the
petition and shall hear electors of the district for or against
the division or redivision of director divisions and recommendations for the manner in which division should be
made. If the board deems it against the best interests of the
district to divide the district into director divisions or to redivide existing divisions, it shall order the petition rejected, but
if it deems it for the best interests of the district that the
petition be granted, and if no elector of the district files
cause in writing at said hearing why the petition should not
be granted, or if having filed said cause in writing withdraws
the same, the board shall enter an order dividing or redividing the district into the same number of director divisions as
there are directors of the district, and designating the divisions and describing the boundaries thereof. The division to
be made shall be such as the commissioners consider fair
and equitable to the electors of the district. A copy of the
[Title 87 RCW—page 51]
87.04.070
Title 87 RCW: Irrigation
commissioners’ order shall be filed for record, without
charge, with the auditor of each county in which any part of
the district is situated, and thereafter the directors shall be
elected or appointed as provided in this chapter. If any
elector shall appear in person at said hearing and shall file
cause in writing as aforesaid why the petition should not be
granted and shall not withdraw the same, and if the board
nevertheless deems it for the best interests of the district that
the petition be granted, the board shall adopt a resolution to
that effect and shall order an election held within the district
on whether the district should be divided into director
divisions or its existing director divisions be redivided, and
shall fix the time thereof and cause notice to be published.
The notice shall be given and the election conducted in the
manner as for special elections on a bond issue of the
district. The notice shall state the general plan of division
or redivision but need not describe with particularity the
boundaries of the proposed division or redivision. Such
boundaries shall be described on the ballot. If the majority
of votes cast at the election are in favor of dividing or
redividing the district into director divisions, the board of
county commissioners shall enter an order dividing or
redividing the district into the same number of director
divisions as there are directors of the district, and designating the divisions and designating the boundaries thereof. If
a majority of the votes cast are against division or redivision
into director districts, the board shall order the petition
denied. [1961 c 192 § 7; 1939 c 13 § 6; RRS § 7505-5f.]
87.04.080 Election of directors—Terms. At the next
general election of directors of a district which has been
divided into director divisions, the electors of the first
division shall select the director then to be elected on the
board, and if more than one director is to be selected, the
second division shall select one, and so on in numerical
order, until, as the terms of incumbent directors expire, all
the divisions are represented on the board, and thereafter
directors shall be elected from the divisions in rotation, as
their respective terms of office expire: PROVIDED, That if
following the numerical order of director divisions will result
in any year in one division having more than one director
and one division having no director, then the numerical order
of the divisions shall not be followed for the year or years
in question but the electors of the next highest numbered
division without representation on the board of directors
shall select the director then to be elected on the board. If
such a district is organized but has not yet held an annual
election of officers, it shall, at its next annual election, select
directors for three, two and one-year terms respectively, and
if the district is managed by a board of three directors, the
first division shall select a director for the three-year term,
the second division shall select one for the two-year term,
and the third division shall select one for the one-year term,
and thereafter their successors shall be elected for three-year
terms, respectively. If the district has five directors, the first
and second divisions shall each select a director for the
three-year term, the third and fourth divisions shall each
select one for the two-year term, and the fifth division shall
select one for the one-year term, and thereafter their successors shall be elected for three-year terms respectively. If the
district has seven directors, the first, second and third
[Title 87 RCW—page 52]
divisions shall each select a director for the three-year term,
the fourth and fifth divisions shall each select a director for
the two-year term, and the sixth and seventh divisions shall
each select a director for the one-year term, and thereafter
their successors shall be elected for three-year terms respectively. [1961 c 192 § 8; 1939 c 13 § 8; RRS § 7505-5h.]
Ballots, declaration of candidacy, nominating petitions: RCW 87.03.075.
Elections are governed by irrigation district laws: RCW 87.03.030.
87.04.090 Levy limitation until water received when
federal works or contracts involved—Exception. Lands
in a district so divided into director divisions, which are to
receive water from a system of works to be constructed by
the federal government or under a contract between the
district and the federal government shall not be assessed
more than five cents an acre in any one calendar year until
the secretary of the interior announces that water is ready for
delivery to the land: PROVIDED, That this section shall not
be applicable to districts comprising less than two hundred
thousand acres. [1969 ex.s. c 93 § 1; 1961 c 192 § 9; 1939
c 13 § 9; RRS § 7505-5i.]
Assessment: RCW 87.03.240 through 87.03.305.
Board’s powers and duties (contracts with state or United States): RCW
87.03.140.
87.04.100 Certain excess lands under federal
contracts, assessment limitation—Exception. Lands in
such a district, which are designated as excess lands under
the act of congress of May 27, 1937, and which have been
subscribed by the owner thereof to the excess land contract,
shall not be assessed more than above specified until after
the date fixed in the contract for the sale of such excess
lands, unless they have been sooner sold or the owner has
sooner called for water thereon: PROVIDED, That this
section shall not be applicable to districts comprising less
than two hundred thousand acres. [1961 c 192 § 10; 1939
c 13 § 10; RRS § 7505-5j.]
Assessments: RCW 87.03.240 through 87.03.305.
87.04.900 Chapter supplemental to other laws—
General repealer. This chapter is intended, and shall be
construed, to be supplemental to and shall become a part of
the law relating to irrigation districts, and any act or part of
the same inconsistent or in conflict with the provisions of
this act or any part thereof are hereby repealed. [1961 c 192
§ 11; 1939 c 13 § 11; RRS § 7505-5k.]
87.04.910 Severability—1939 c 13. Each section and
provision of this chapter shall be considered separable from
every other section and provision of the chapter, and should
any section or provision thereof be held unconstitutional, the
unconstitutionality of such section or provision shall not
affect or impair the validity of the remainder of the chapter
but in that event the unconstitutional section or provision
shall be eliminated and the remainder of the chapter remain
in full force and effect. [1939 c 13 § 12; RRS § 7505-5l.]
(2002 Ed.)
Delinquent Assessments
Chapter 87.06
DELINQUENT ASSESSMENTS
Sections
87.06.010
87.06.020
87.06.030
87.06.040
Definitions.
Certificates of delinquency—Posting of certificates.
Title search to verify legal description of property.
Commencement of action to foreclose assessment liens—
Notice and summons—Recording of notice of lis pendens.
87.06.050 Payment on certificate of delinquency before foreclosure.
87.06.060 Combining foreclosure proceedings—Irregularities or informalities in assessment role not illegal—Correction.
87.06.070 Sale of foreclosed property.
87.06.080 Notice of foreclosure sale—Conduct of sale—Remittal of
excess moneys.
87.06.090 Treasurer’s deed—Title free from certain encumbrances.
87.06.100 Required payments before acquisition at foreclosure sale—
Acquisition by irrigation district—District’s property
stricken from tax rolls—Subsequent purchasers to pay
assessments.
87.06.110 Combined foreclosure for district and county assessments.
87.06.120 Application of chapter to properties with assessments delinquent three or more years or acquired by the district
under possibly legally defective proceedings.
Lien of assessment: RCW 87.03.265.
87.06.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Date of delinquency" means the date when the
assessment first became delinquent under chapter 87.03
RCW.
(2) "Description of property" means a legal description,
the parcel number, tax number, or other description that
sufficiently describes the property or specific parcel of land.
(3) "Minimum bid sheet" means the informational sheet
which is prepared by the treasurer for use at the treasurer’s
sale and which contains a description of the various properties and the minimum bid required for each.
(4) "Party in interest" means an occupant of the property, the owner of record, and any other person having a
financial interest of record in the property.
(5) "Treasurer" means the irrigation district treasurer.
However, if the county treasurer acts as ex officio district
treasurer in accordance with RCW 87.03.440, then "treasurer" means the county treasurer. [1988 c 134 § 1.]
87.06.020 Certificates of delinquency—Posting of
certificates. (1) After thirty-six calendar months from the
month of the date of delinquency, the treasurer shall prepare
certificates of delinquency on the property for the unpaid
irrigation district assessments, and for costs and interest. An
individual certificate of delinquency may be prepared for
each property or the individual certificates may be compiled
and issued in one general certificate including all delinquent
properties. Each certificate shall contain the following
information:
(a) Description of the property assessed;
(b) Street address of property, if available;
(c) Years for which assessed;
(d) Amount of delinquent assessments, costs, and
interest;
(e) Name appearing on the treasurer’s most current
assessment roll for the property; and
(2002 Ed.)
Chapter 87.06
(f) A statement that interest will be charged on the
amount listed in (d) of this subsection at a rate of twelve
percent per year, computed monthly and without compounding, from the date of the issuance of the certificate and
that additional costs, incurred as a result of the delinquency,
will be imposed, including the costs of a title search;
(2) The treasurer may provide for the posting of the
certificates or other measures designed to advertise the
certificates and encourage the payment of the amounts due.
[1988 c 134 § 2.]
87.06.030 Title search to verify legal description of
property. The treasurer shall order a title search of the
property for which a certificate of delinquency has been
prepared to determine or verify the legal description of the
property to be sold and parties in interest. [1988 c 134 § 3.]
87.06.040 Commencement of action to foreclose
assessment liens—Notice and summons—Recording of
notice of lis pendens. (1) After the completion of the title
searches, the treasurer, in the name of the irrigation district,
shall commence legal action to foreclose on the assessment
liens. The treasurer shall give notice of application for
judgment foreclosing assessment liens and summons to all
parties in interest as disclosed by the title search. The
treasurer may include in any notice any number of separate
properties. Such notice and summons shall contain:
(a) A statement that the irrigation district is applying to
superior court of the county in which the property is located
for a judgment foreclosing the lien against the property for
delinquent assessments, costs, and interest;
(b) The full name of the superior court in which the
district is applying for the judgment; and for each property:
The description of the property, the local street address (if
any), and the name of each party in interest;
(c) A description of the lien amount due, which shall
include the amount listed in RCW 87.06.020(1)(d), plus any
costs and interest accruing since the date of preparation of
the certificate of delinquency;
(d) A direction to each party in interest summoning the
party to appear within sixty days after service of the notice
and summons, exclusive of the day of the service, and
defend the action or pay the lien amount due; and when service is made by publication, a direction summoning each
party to appear within sixty days after the date of the first
publication of the notice and summons, exclusive of the day
of first publication, and defend the action or pay the amount
due;
(e) A notice that, in case of failure to defend or pay the
amount due, judgment will be rendered foreclosing the lien
of the assessments, costs, and interest against the property;
and
(f) The date, time, and place of the foreclosure sale as
specified in the application for judgment.
(2) The treasurer shall record in the office of the auditor
of the county in which the property is located a notice of lis
pendens before commencing the service of the notice and
summons.
(3) The notice and summons shall be served in a
manner reasonably calculated to inform each party in interest
of the foreclosure action. At a minimum, service shall be
[Title 87 RCW—page 53]
87.06.040
Title 87 RCW: Irrigation
accomplished by either (a) personal service upon a party in
interest, or (b) publication once in a newspaper of general
circulation that is circulated in the area in which the property
is located and mailing of notice by certified mail to the party
in interest.
(4) It shall be the duty of the treasurer to mail a copy of
the notice and summons, within fifteen days after the first
publication or service thereof, to the treasurer of each
county, city, or town within which any property involved in
an assessment foreclosure is situated, but the treasurer’s
failure to do so shall not affect the jurisdiction of the court
nor the priority of any assessment lien sought to be foreclosed. [1988 c 134 § 4.]
87.06.050 Payment on certificate of delinquency
before foreclosure. (1) Any party in interest of property for
which a certificate of delinquency has been prepared, but
against which a foreclosure judgment has not been entered,
may pay to the treasurer, in person or by agent, the total
amount of the assessment lien, as listed under RCW
87.06.020(1)(d), plus any additional costs and interest,
including any title search costs. If a foreclosure judgment
has been entered, then any party in interest may pay to the
treasurer, in person or by agent, the lien amount for which
the judgment has been rendered, so long as payment is received by the treasurer during regular business hours before
the day of the foreclosure sale. The treasurer shall give a
receipt for each payment received under this subsection.
(2) Upon receipt of payment under this section, the
district shall abandon any foreclosure proceedings commenced against the property. If a notice of lis pendens has
been filed with the county auditor, the treasurer shall record
a release of lis pendens with the auditor. [1988 c 134 § 5.]
87.06.060 Combining foreclosure proceedings—
Irregularities or informalities in assessment role not
illegal—Correction. (1) The proceedings to foreclose the
liens against all properties on a general certificate of delinquency or on more than one individual certificate may be
brought in one action.
(2) No assessment, costs, or interest may be considered
illegal because of any irregularity in the assessment roll or
because the assessment roll has not been made, completed,
or returned within the time required by law, or because the
property has been charged or listed in the assessment roll
without name, or in any other name than that of the owner,
and no error or informality in the proceedings of any of the
officers connected with the assessment may invalidate or in
any other manner affect the assessment thereof. Any
irregularities or informality in the assessment roll or in any
of the proceedings connected with the assessment or any
omission or defective act of any officer or officers connected
with the assessment may be, at the discretion of the court
corrected, supplied, and made to conform to the law by the
court. This section does not apply if the court finds that the
failure to conform to the law unfairly affects parties in
interest. [1988 c 134 § 6.]
87.06.070 Sale of foreclosed property. (1) If the
court renders a judgment of foreclosure, the court shall direct
the treasurer to proceed with the sale of the property and
[Title 87 RCW—page 54]
shall specify the minimum sale price below which the
property is not to be sold.
(2) The treasurer shall sell the property to the highest
and best bidder. All sales shall be made on Friday between
the hours of nine a.m. and five p.m. at a location designated
by the treasurer. However, sales not concluded on Friday
shall be continued from day to day, Saturdays, Sundays, and
holidays excluded, during the same hours until all properties
are sold. [1988 c 134 § 7.]
87.06.080 Notice of foreclosure sale—Conduct of
sale—Remittal of excess moneys. (1) The treasurer shall
post notice of the foreclosure sale, at least ten days before
the sale, at the following locations: At the courthouse of the
county in which the property is located, at the district office,
and at a public place in the district. The treasurer shall also
publish, at least once and not fewer than ten days before the
sale, the notice in any daily or weekly legal newspaper of
general circulation in the district.
(2) The notice shall be in substantially the following
form:
IRRIGATION ASSESSMENT JUDGMENT SALE
Public notice is hereby given that pursuant to judgment,
rendered on . . . . . ., of the superior court of the county of
. . . . . . in the state of Washington, that I shall sell the
property described below, at a foreclosure sale beginning at
. . . . . . (time), on . . . . . . (date), at . . . . . . (location), in
the city of . . . . . . . . . . ., and county of . . . . . . . . . . .,
state of Washington. This sale is made in order to pay for
delinquent assessments, costs, and interest owed to
. . . . . . . . . . . The property will be sold to the highest and
best bidder but bids will not be accepted for less than the
minimum sale price set by the superior court. The minimum
sale price is listed on the bid sheet, a copy of which is
provided at the treasurer’s office. Payment must be made at
time of sale and must be by cash, bank cashier’s check, or
a negotiable instrument of equivalent security.
Description of property: . . . . . . . . . . . . . . . . . . . .
Interested parties and members of the public are invited
to participate in this sale. This sale will not take place if by
. . . . . . (time), on . . . . . . (date), the amount due . . . ., is
paid in the manner specified by law.
............................
Treasurer for . . . . . . . . . . . . . . . . . .
Irrigation District
Date signed: . . . . . . . . . . . . . . . . . .
(3) The treasurer shall conduct the sale in conformance
with the notice and this chapter. If the sale is conducted by
the county treasurer, no county or district officer or employee may directly or indirectly be a purchaser. If the irrigation
district treasurer conducts the sale, no officer or employee of
the district may directly or indirectly be a purchaser.
(4) If the bid amount paid for the property is in excess
of the lien amount for which the judgment has been rendered, plus any additional assessments, costs, and interest
which have become due after the date of preparation of the
certificate of delinquency and before the date of sale, then
the excess shall be remitted, on application therefor, to the
owner of the property. If no claim for the excess is received
by the treasurer within three years after the date of the sale,
(2002 Ed.)
Delinquent Assessments
the treasurer, at expiration of the three-year period, shall
deposit the excess in the current expense fund of the district.
[1988 c 134 § 8.]
87.06.090 Treasurer’s deed—Title free from certain
encumbrances. (1) The treasurer shall execute a treasurer’s
deed to any person who purchases property at the foreclosure
sale. The deed shall vest title to the property therein
described, without further acknowledgment or evidence of
such conveyance, in the grantee or his or her heirs and
assigns. The treasurer’s deed shall be substantially in the
following form:
TREASURER’S DEED
State of Washington
County of . . . . . .
This indenture, made this . . . . . . day of
. . . . . . . . . . ., . . . . . . . . . . ., between . . . . . . . . . . ., as
treasurer of . . . . . . . . . . . irrigation district, state of
Washington, party of the first part, and . . . . . . . . . . ., party
of the second part:
Witnesseth, that whereas, at the public sale of real
property held on the . . . . . . day of . . . . . . . . . . .,
. . . . . . . . . . ., pursuant to an irrigation assessment judgment entered in the superior court in the county of
. . . . . . . . . . . on the . . . . . . . . . . . day of . . . . . . . . . . .,
. . . . . ., in proceedings to foreclose assessment liens upon
real property and an order of sale duly issued by the court,
. . . . . . . . . . . duly purchased in compliance with the laws
of the state of Washington, for and in consideration of the
sum of . . . . . . . . . . . dollars the following described real
property, to wit: (Here place description of real property
conveyed) and that . . . . . . . . . . . has complied with the
laws of the state of Washington necessary to entitle (him,
her, or them) to a deed for the real property.
Now, therefore know ye, that, I . . . . . . . . . . ., treasurer of said irrigation district of . . . . . . . . . . ., state of
Washington, in consideration of the premises and by virtue
of the statutes of the state of Washington, in such cases
provided, do hereby grant and convey unto . . . . . . . . . . .,
his or her heirs and assigns, forever, the real property
hereinbefore described, as fully and completely as said party
of the first part can by virtue of the premises convey the
same.
Given under my hand and seal of office this . . . . . .
day of . . . . . . . . . . ., A.D. . . . . . . . . . . .
............................
Treasurer for . . . . . . . . . . . . . . . . . .
Irrigation District
(2) The title shall be free from all encumbrances except
for the following taxes and assessments if they are not due
at the time of the foreclosure sale: Property taxes, drainage
or diking district assessments, drainage or diking improvement district assessments, mosquito district assessments, and
irrigation district assessments. [1994 c 24 § 1; 1988 c 134
§ 9.]
87.06.100 Required payments before acquisition at
foreclosure sale—Acquisition by irrigation district—
District’s property stricken from tax rolls—Subsequent
(2002 Ed.)
87.06.080
purchasers to pay assessments. (1) Prior to the treasurer
executing and conveying the deed, all persons or entities
acquiring property at the foreclosure sale shall be required to
pay the full amount of all assessments, costs, and interest for
which judgment is rendered; and the full amount of the
following if due at the time of the foreclosure sale: Property
taxes, drainage or diking district assessments, drainage or
diking district improvement assessments, irrigation district
assessments, and costs and interests relating to such taxes or
assessments. This subsection does not apply to the irrigation
district’s acquisition of property.
(2) At all sales of property, if no other bids are received, title to the property shall vest in the irrigation district
and the district shall pay to the county any costs that may
have been incurred by the county under this chapter for the
foreclosure action. The district’s acquisition of the title shall
be as absolute as if the property had been purchased by an
individual under the provisions of this chapter. The deed
provided for in RCW 87.06.090 shall be conveyed to the
irrigation district.
(3) All property deeded to the district under the provisions of this chapter shall be stricken from the tax rolls as
district property and exempt from taxation and shall not be
taxed while property of the district.
(4) If the irrigation district sells any property it has
acquired under this chapter, then it shall not provide a deed
to the purchaser until the purchaser pays all drainage or
diking district assessments, drainage or diking improvement
district assessments, irrigation district assessments, property
taxes, costs, and interest that were due at the time the
irrigation district acquired title to the property. [1988 c 134
§ 10.]
87.06.110 Combined foreclosure for district and
county assessments. The board of directors of the irrigation
district and the county treasurer may through the interlocal
cooperation agreement act, chapter 39.34 RCW, choose to
have one of the treasurers proceed with a combined foreclosure for all property taxes, irrigation assessments, and all
costs and interest owing to both entities. Any such agreement shall include a specific statement as to which entity
shall assume title if no bids are received equal to or greater
than the amount listed on the minimum bid sheet. The
agreement shall also clearly specify how any unclaimed
excess funds from the sale will be divided between the
county and the irrigation district. [1988 c 134 § 11.]
87.06.120 Application of chapter to properties with
assessments delinquent three or more years or acquired
by the district under possibly legally defective proceedings. (1) Except as provided in subsection (2) of this section, certificates of delinquency shall also be issued, and
foreclosure proceedings instituted under this chapter, for
properties for which assessments have been delinquent for a
period of three or more years, if all or part of such period
occurred before June 9, 1988. If foreclosure actions have
been commenced but not completed under the law as it
existed prior to June 9, 1988, the district shall abandon such
actions and proceed against such properties under this
chapter.
[Title 87 RCW—page 55]
87.06.120
Title 87 RCW: Irrigation
(2) Certificates of delinquency shall not be issued under
this chapter for properties that have been sold (other than to
the irrigation district) under foreclosure proceedings which
occurred prior to June 9, 1988. This section does not apply
to any foreclosure sale declared to be invalid by a court of
competent jurisdiction or if district assessments again
become delinquent after the date of sale.
(3) A certificate of delinquency may be issued, and
foreclosure proceedings instituted, under this chapter for
property acquired by an irrigation district under foreclosure
proceedings which occurred prior to June 9, 1988, and which
the district believes might be legally defective. "Acquired"
as used in this subsection also includes the district’s obtaining a certificate of sale under such foreclosure proceedings.
[1988 c 134 § 12.]
Chapter 87.19
REFUNDING BONDS—1923 ACT
Sections
87.19.005
87.19.010
87.19.020
87.19.030
87.19.040
87.19.050
Method not exclusive.
Refunding bonds authorized—Election.
Notice and conduct of election.
Form of bonds, interest, maturity, etc.
Bonds to be refunded in series.
Refunding bonds may be exchanged or sold—Record.
87.19.005 Method not exclusive. In addition to any
other method of refunding irrigation district bonds authorized
by law, bonds heretofore or hereafter issued by any irrigation
district in this state may be refunded in whole or in part in
the manner hereinafter provided. [1933 ex.s. c 11 § 1; 1923
c 161 § 1; RRS § 7434-1. Formerly RCW 87.19.060.]
Validation—1933 ex.s. c 11: "Any and all proceedings heretofore
had and any and all bonds heretofore authorized and issued to redeem or to
refund unmatured bonds under the provisions of chapter 161, Laws of 1923,
as amended by chapter 259, Laws of 1927, but without the unanimous
consent of the holders of unmatured bonds to be refunded, are hereby
validated and confirmed." [1933 ex.s. c 11 § 4.]
87.19.010 Refunding bonds authorized—Election.
Whenever the board of directors of any irrigation district
shall deem it for the best interest of said district that any or
all outstanding bonds of said district be refunded, they shall
so declare by resolution duly adopted and recorded in the
minutes of said board and shall, with the written approval of
the state director of the department of ecology, submit the
question to the legally qualified electors of said district at a
general election or at a special election called for that
purpose and if a majority of said electors voting at said election vote in favor thereof the directors of said district shall
issue and exchange said bonds for those outstanding, or sell
said bonds and retire said outstanding bonds. The bonds
may be issued and sold in accordance with chapter 39.46
RCW. [1983 c 167 § 227; 1923 c 161 § 2; RRS § 7434-2.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.19.020 Notice and conduct of election. The
notice of election provided for in this chapter shall be given
and the election held in all respects in accordance with RCW
87.03.200, except in each county with a population of one
[Title 87 RCW—page 56]
hundred twenty-five thousand or more, where the notice and
election shall be held in the manner provided by law for
such counties. [1991 c 363 § 160; 1923 c 161 § 6; RRS §
7434-6.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Elections by lesser constituencies—Special elections: RCW 29.13.020.
Times for holding elections and primaries: Chapter 29.13 RCW.
87.19.030 Form of bonds, interest, maturity, etc.
(1) Said bonds shall be issued in series and in denominations
of not less than one hundred dollars nor more than one
thousand dollars. The first series shall mature not later than
ten years and the last series not later than forty years. Each
series shall be numbered from one, up consecutively, shall
bear the date of their issue, and shall bear interest at any rate
or rates as authorized by the board of directors of said
district, payable semiannually on the first day of January and
July of each year, and the principal and interest may be
made payable at the office of the county treasurer of the
county in which the office of the board of directors is
situated, or at any fiscal agency of the state of Washington.
Said bonds shall be negotiable in form and the bonds shall
be signed by the president and secretary of the board of
directors of said district and the seal of said district, affixed.
The signatures of the president and secretary may, however,
appear by lithographic facsimile. Such bonds may be in any
form, including bearer bonds or registered bonds as provided
in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 228; 1970 ex.s. c 56 § 96; 1969
ex.s. c 232 § 55; 1923 c 161 § 3; RRS § 7434-3.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Facsimile signatures: RCW 39.44.100.
87.19.040 Bonds to be refunded in series. Where
the bonds to be refunded are serial bonds and not subject to
call, the refunding bonds or any part of the same may be
issued in such series as the board of directors of the district
shall deem necessary to take up the series or any part thereof
to be refunded, and shall be dated as of the maturity of the
series or any part of the same to be refunded. The election
aforesaid shall be sufficient authority for the directors to
issue sufficient bonds to retire the entire outstanding issue of
bonds to be refunded, but none of said refunding bonds shall
be signed before the date of their issue, and until signed
shall be deposited and kept in the office of the county
treasurer; with the consent of the holders of all or any
portion of the outstanding bonds of any issue the directors
may retire all or any portion of such bonds before their
maturity and may issue refunding bonds for that purpose.
[1933 ex.s. c 11 § 3; 1927 c 259 § 2; 1923 c 161 § 5; RRS
§ 7434-5.]
87.19.050 Refunding bonds may be exchanged or
sold—Record. Bonds issued under and by virtue of this
(2002 Ed.)
Refunding Bonds—1923 Act
chapter may be exchanged for outstanding bonds at not less
than the par value of the bonds refunded or may be sold at
not less than ninety percent of their par value, and all money
derived from the sale of such bonds shall be applied to the
redemption of any or all of the outstanding bonds of said
district to be refunded and any such outstanding bonds so
refunded shall be endorsed in red ink "Refunded Bonds" and
filed and preserved for one year and then destroyed by the
county treasurer in the presence of witnesses: and the
secretary of said district and the county treasurer of said
county shall keep a record of such bonds so refunded and
shall note the date of the refunding and the date of the destruction of the refunded bonds and in whose presence they
were destroyed. [1933 ex.s. c 11 § 2; 1923 c 161 § 4; RRS
§ 7434-4.]
Chapter 87.22
REFUNDING BONDS—1929 ACT
Sections
87.22.010
87.22.020
87.22.030
87.22.040
87.22.050
87.22.060
87.22.065
87.22.070
87.22.080
87.22.085
87.22.090
87.22.100
87.22.105
87.22.110
87.22.120
87.22.125
87.22.130
87.22.140
87.22.145
87.22.150
87.22.160
87.22.165
87.22.170
87.22.175
87.22.190
87.22.200
87.22.210
87.22.215
87.22.230
87.22.240
87.22.245
87.22.250
87.22.260
87.22.270
87.22.275
87.22.280
87.22.900
87.22.910
Refunding authorized.
When proceedings may be instituted.
Petition—Contents.
Schedule of maximum benefits.
Hearing, time and place of.
Notice—Service.
Notice—Contents.
Hearing—Decree.
Benefits, how determined—Dismissal—Continuance—
Waiver.
Irrigable acreage, how determined.
Appellate review.
Final judgment conclusive.
Final judgment conclusive—Exception.
Transcript to other counties.
Election—Question to electors.
Election—Procedure.
Election—Notice, contents.
Election—Majority vote affirmative, procedure.
Exchange of bonds.
Form of bonds—Manner of payment—Interest rate.
Interest on unpaid bond installments—When payable.
Bond payments, where payable.
Bond contents—Transferability—Priority.
Bonds—Signature—Registration book.
Transfer on registration book required.
Bonds of equal priority.
Payment to record owner.
Payment to agent.
Assessments—Limitations.
Assessments—Methods of payment.
Assessments—Receipts.
Assessments—Payment in money only.
Sale or lease of foreclosed land—Disposition of proceeds.
Excess in bond fund—Apportionment.
Rights of bond owners—Lien of bonds—Manner of payment.
Judicial confirmation.
Severability—1929 c 120.
Construction—Chapter additional method.
87.22.010 Refunding authorized. Any or all bonds
heretofore issued by any irrigation district in this state may
be refunded as hereinafter provided. [1929 c 120 § 1; RRS
§ 7530-1. FORMER PART OF SECTION: 1929 c 120 §
40; RRS § 7530-40, now codified as RCW 87.22.910.]
(2002 Ed.)
87.19.050
87.22.020 When proceedings may be instituted.
Before any proposition for the issuance of limited liability
refunding bonds, as provided for in this chapter, of an
irrigation district in this state shall be submitted to the
electors thereof, the board of directors of said district shall
at their option have authority, upon the written consent of
the owners of at least fifty-one percent of the face value of
the bonds proposed to be refunded, and upon the written
approval of the state department of ecology, and of the
owners of fifty-one percent of the acreage of the land within
the district, to institute proceedings in the superior court of
the proper county to determine the irrigable acreage of the
lands which shall be subject to assessment for the payment
of said refunding bonds and the interest thereon, and to
determine the maximum benefits to be received by said lands
from said proposed refunding bonds, in the manner herein
provided. [1983 c 167 § 229; 1929 c 120 § 2; RRS § 75302.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.22.030 Petition—Contents. The said board of
directors shall institute such proceedings by filing a petition
in the superior court of the county in which the greater part
of the lands in the district are situated. Said petition shall
give the name of the district, shall set out the nature of its
water rights and the general character of its irrigation works
and distribution system, shall state the amount, maturity
schedule of minimum annual installments of principal and
maximum interest rate of the proposed refunding bonds,
shall state the approximate irrigable acreage in the district
and the probable approximate aggregate annual income
therefrom during the life of the proposed refunding bonds,
shall recite that the required consent of the owners of the
bonds to be refunded has been obtained and shall state such
other matter, if any, the said board of directors may deem
pertinent to the proceedings, shall pray for the determination
of the irrigable acreage and of the maximum benefits
aforesaid and shall be signed and verified by the president of
the said board of directors. [1983 c 167 § 230; 1929 c 120
§ 3; RRS § 7530-3.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.22.040 Schedule of maximum benefits. There
shall accompany said petition as an exhibit thereto a schedule of maximum benefits and of irrigable acreage for all the
respective lands in the district. Such schedule shall contain
in appropriate columns the name of the person to whom such
tract of real property was assessed and the description of
said property according to the district assessment roll last
equalized, in a third column with appropriate heading shall
be specified after each said description of land the maximum
benefit to be received from the proposed refunding bond
issue with the maximum benefits segregated into its three
component parts—(1) the amount required to pay the lands’
proportional part of the principal of the bonds; (2) the
amount required to pay the lands’ proportional part of the
interest over the term of the bonds; (3) the amount of
benefits in excess of the lands’ proportional part of the
principal of the bonds and the interest over the term of the
[Title 87 RCW—page 57]
87.22.040
Title 87 RCW: Irrigation
bonds; and in another appropriately specified column shall
be stated after each tract the irrigable acreage thereof which
will be assessed for payment of the proposed refunding
bonds. Said schedule shall be signed by the secretary of the
district. [1931 c 42 § 1; 1929 c 120 § 4; RRS § 7530-4.]
87.22.050 Hearing, time and place of. Upon the
filing of said petition with the schedule of irrigable acreage
and maximum benefits, the court shall fix a time and place
for hearing the same and shall order the secretary of the
district to give and publish a notice of said hearing. Said
hearing may be held at the place fixed in the order and may
be adjourned to a place certain in any county in which any
lands within the district are situated, and may be continued
from time to time and adjourned from county to county for
the convenience of landowners and other interested persons.
[1929 c 120 § 5; RRS § 7530-5.]
Official paper for publication: RCW 87.03.020.
87.22.060 Notice—Service. The notice of said
hearing shall be given and published in the same manner,
except as herein otherwise provided, and for the same length
of time that a notice of a special election to determine
whether the bonds of the district shall be issued is required
to be given and published. [1929 c 120 § 6; RRS § 7530-6.
FORMER PART OF SECTION: 1929 c 120 § 7; RRS §
7530-7, now codified as RCW 87.22.065.]
Bonds, election for, etc. (notice): RCW 87.03.200.
87.22.065 Notice—Contents. Said notice shall state
that the district (naming it) proposes to issue and dispose of
a refunding bond issue specifying the amount; that proceedings have been instituted in the superior court of the state of
Washington in and for the specified county to determine the
maximum benefits to be received by the lands within the
operation of said district from the issuance and disposal of
said proposed bond issue, and further to determine the
irrigable acreage which will be assessed for the payment of
said bonds, shall state that a schedule of the lands involved
together with a statement of the amount of maximum
benefits received by the amount of irrigable acreage in each
respectively, is on file in said proceedings and may be
inspected by any interested person, shall state the time and
place fixed for the hearing of the petition and shall state that
any person interested in such proceedings may on or before
the day fixed for said hearing file his written objections
thereto with the clerk of said court, or he will be forever
bound by such orders as the court shall make in such proceedings. [1929 c 120 § 7; RRS § 7530-7. Formerly RCW
87.22.060, part.]
87.22.070 Hearing—Decree. At the time and place
stated in the notice of said hearing, the court shall consider
said petition and shall receive such pertinent evidence as
may be offered in support thereof or against the same, shall
enter a decree fully determining the maximum benefits
received by and the irrigable acreage in, the several tracts of
land involved as shown by the schedule and as prayed for in
said petition. Said action shall be an equitable one in rem
and the court shall have full authority to make and issue any
and all necessary orders and to do any and all things proper
[Title 87 RCW—page 58]
or incidental to the exercise of its jurisdiction in this connection. At said hearing the matters set forth in said petition
and accompanying schedule shall be presumed to be true and
correct in the absence of sufficient evidence to the contrary.
[1929 c 120 § 8; RRS § 7530-8.]
Refunding bonds—Form—Manner of payment—Interest rate (decree may
determine): RCW 87.22.150.
87.22.080 Benefits, how determined—Dismissal—
Continuance—Waiver. The maximum benefits accruing to
the several tracts of land in the district from the proposed
refunding bond issue shall be considered as new and
independent of that accruing from the bonds to be refunded
and in determining the maximum benefits as prayed for in
said petition, the court shall not be limited to a consideration
of the enhancement of market value of the lands involved
arising immediately from the issuance and disposal of the
proposed refunding bonds but shall have authority to consider such benefits as shall accrue to said lands from the plan
of financing provided by the proposed bonds and from the
continued operation of the irrigation system under the
administration of the district during the life of said refunding
bonds and any other benefits that may accrue. If the court
finds that the aggregate amount of said maximum benefits
shall not equal at least double the amount of the principal of
the proposed refunding bonds, to which shall be added the
interest computed at the rate specified in the refunding
bonds, it shall enter a decree dismissing the proceedings and
the district shall have no authority to issue the proposed
refunding bonds until a satisfactory decree has been obtained
under the provisions of this chapter: PROVIDED, That
nothing herein contained shall be construed to prevent the
district from continuing the hearing for the purpose of
modifying the proposed refunding bond plan or for the
purpose of otherwise meeting the objection of the court, nor
shall the dismissal of the proceeding be in anywise prejudicial to the institution of a subsequent action for the same
purpose; AND PROVIDED FURTHER, That nothing herein
contained shall be construed to prevent the court from
entering a decree upon stipulation of the holders of the
bonds to be refunded to waive their right to part of the
indebtedness represented by the bonds to be refunded, so that
the proposed refunding bond issue comes within the statutory
requirements as to maximum benefits, or to accept refunding
bonds based on a lesser aggregate maximum benefit than
that required by the statute. [1931 c 42 § 2; 1929 c 120 §
9; RRS § 7530-9. FORMER PART OF SECTION: 1929
c 120 § 10; RRS § 7530-10, now codified as RCW
87.22.085.]
87.22.085 Irrigable acreage, how determined. In
determining the irrigable acreage as provided herein, the
court shall consider all lands included in the district capable
of being used for agricultural purposes, provided that no
lands shall be found to be irrigable which are not irrigable
from the plan of the irrigation works of the district; and
provided that nothing herein contained shall be construed to
prevent a reconsideration of the irrigability of lands found
nonirrigable upon the modification or enlargement of the irrigation system whereby said lands at first found nonirrigable
(2002 Ed.)
Refunding Bonds—1929 Act
may be irrigated by the district system. [1929 c 120 § 10;
RRS § 7530-10. Formerly RCW 87.22.080, part.]
87.22.090 Appellate review. Appellate review of the
judgment entered in said proceedings may be sought in the
same manner as in other cases in equity. [1988 c 202 § 88;
1971 c 81 § 173; 1929 c 120 § 11; RRS § 7530-11.]
Severability—1988 c 202: See note following RCW 2.24.050.
87.22.100 Final judgment conclusive. The judgment
of the court determining maximum benefits and the irrigable
acreage in such proceedings, unless appealed from within the
time prescribed by law, and upon final judgment on appeal,
shall be conclusive, except as herein otherwise provided,
upon and against each and every owner of said bonds issued
as proposed and upon and against every tract of land in the
district, upon and against those owning the same or having
any interest therein, including minors, insane persons, those
convicted of crime as well as those free from disability, and
upon and against those who may have appeared in said
proceedings. [1929 c 120 § 12; RRS § 7530-12. FORMER
PART OF SECTION: 1929 c 120 § 13; RRS § 7530-13,
now codified in RCW 87.22.105.]
87.22.105 Final judgment conclusive—Exception.
Said judgment shall be final and conclusive upon and against
all lands in the district on appeal as aforesaid, except as to
the particular tract or tracts involved in the appeal. [1929 c
120 § 13; RRS § 7530-13. Formerly RCW 87.22.100, part.]
87.22.110 Transcript to other counties. A transcript
of so much of the judgment in said proceedings as pertain to
the lands situated in each county other than the one in which
the proceedings were instituted shall be certified by the clerk
of the court and mailed to the county clerk of each of said
other counties respectively for record among the recorded
judgments therein. [1929 c 120 § 14; RRS § 7530-14.]
87.22.120 Election—Question to electors. Upon
final determination of maximum benefits and irrigable
acreage aforesaid, the board of directors of the district shall
submit to the electors of the district possessing the qualifications prescribed by the irrigation district law the question
whether refunding bonds of the district in amount and of the
maturity proposed by said board shall be issued and exchanged for outstanding bonds as herein provided. [1929 c
120 § 15; RRS § 7530-15. FORMER PART OF SECTION:
1929 c 120 § 16; RRS § 7530-16, now codified as RCW
87.22.125.]
Qualification of voters and directors: RCW 87.03.045.
87.22.125 Election—Procedure. Except as herein
otherwise specifically provided said election shall be called,
noticed, conducted and the results thereof determined in the
same manner and by the same officials as that provided by
law for the calling, noticing, conducting and canvassing of
original bond elections in irrigated districts. [1929 c 120 §
16; RRS § 7530-16. Formerly RCW 87.22.120, part.]
Bond elections: RCW 87.03.200.
(2002 Ed.)
87.22.085
87.22.130 Election—Notice, contents. The notice of
said election shall specify the time and place of the election,
the amount of the proposed refunding bonds, the maturity,
the schedule of the minimum annual payments of the
principal thereof and the maximum annual rate of interest
said bonds shall bear, as approved by the court in the decree
determining maximum benefits and irrigable acreage. [1929
c 120 § 17; RRS § 7530-17.]
87.22.140 Election—Majority vote affirmative,
procedure. If a majority of the votes cast at said election
are in favor of the proposed refunding issue the board of
directors shall thereupon have authority to cause refunding
bonds of the district in the amount and on the basis of the
plan of payment and rate of interest proposed, to be issued
and exchanged as herein provided. [1929 c 120 § 18; RRS
§ 7530-18. FORMER PART OF SECTION: 1929 c 120 §
19; RRS § 7530-19, now codified in RCW 87.22.145.]
87.22.145 Exchange of bonds. Refunding bonds
provided for under this chapter may be exchanged for any or
all of the bonds to be refunded on such basis as may be
agreed upon between the board of directors of the district
and the bond owners: PROVIDED, That said refunding
bonds shall not be issued in a greater sum than the total
aggregate face value of the bonds to be refunded. [1983 c
167 § 231; 1929 c 120 § 19; RRS § 7530-19. Formerly
RCW 87.22.140, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.22.150 Form of bonds—Manner of payment—
Interest rate. (1) Said refunding bonds shall be issued in
such denominations as the board shall determine, but in the
same denominations so far as practicable as the bonds to be
refunded and shall mature at the date specified in the notice
of election but not in any event later than thirty years from
the date thereof, and shall be payable in minimum annual
installments specified on a percentage basis and amortized to
provide for full payment of the bonds with interest at
maturity: PROVIDED, That in lieu of the annual payments
of principal and semiannual payments of interest as provided
in this chapter, the court may prescribe the form, manner of
payment, and interest rate or rates of the refunding bonds, in
the decree determining maximum benefits and irrigable
acreage; and said decree may grant the district the right to
pay at the date of any annual or semiannual payment, one or
more next accruing annual or semiannual installments less
the interest on that part of the principal thus paid in advance:
AND PROVIDED, In all cases in which the court determines the form, manner of payment, and interest rate of the
refunding bonds in the decree determining maximum
benefits, all notices provided in this chapter and any other
provision thereof, shall be given and construed in conformity
with the terms and conditions of said bond prescribed in said
decree. Such bonds may be in any registered form as
provided for in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued in any registered form and sold in
accordance with chapter 39.46 RCW. [1983 c 167 § 232;
[Title 87 RCW—page 59]
87.22.150
Title 87 RCW: Irrigation
1970 ex.s. c 56 § 97; 1969 ex.s. c 232 § 56; 1931 c 42 § 3;
1929 c 120 § 20; RRS § 7530-20.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Hearing—Decree: RCW 87.22.070.
87.22.160 Interest on unpaid bond installments—
When payable. All unpaid installments on account of the
principal of said refunding bonds shall bear interest from the
date of the bonds at a rate or rates as authorized by the
board of directors of the district. Different installments of
the principal of said bonds may bear different rates of
interest if it is so provided in the bond plan. Interest shall
be payable semiannually on the first day of January and July
of each year. [1970 ex.s. c 56 § 98; 1969 ex.s. c 232 § 57;
1929 c 120 § 21; RRS 7530-21. FORMER PART OF
SECTION: 1929 c 120 § 22; RRS § 7530-22, now codified
as RCW 87.22.165.]
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
87.22.165 Bond payments, where payable. Both
principal and interest shall be made payable at the office of
the county treasurer of the county in which the office of the
board of directors of the district is situated. [1929 c 120 §
22; RRS § 7530-22. Formerly RCW 87.22.160, part.]
87.22.170 Bond contents—Transferability—Priority.
Said bonds shall express upon their face that they were
issued by authority of this chapter, stating its title and date
of approval, that the district reserves the right to pay on
account of the principal thereof annual installments at a
greater rate than the minimum rate stated in the bonds, that
said bonds are transferable only on the registration book of
the county treasurer’s office at which said bonds are payable;
that any attempted transfer of said bonds not recorded in said
registration book shall be void so far as the rights of the
district are concerned and that said bonds are of equal
priority, payable with interest on a pro rata basis from
revenues derived from annual assessments levied against the
irrigable benefited lands within the district. [1929 c 120 §
23; RRS § 7530-23. FORMER PART OF SECTION: 1929
c 120 § 24; RRS § 7530-24, now codified as RCW
87.22.175.]
87.22.175 Bonds—Signature—Registration book.
Said bonds shall be signed by the president of the board and
secretary of the district and the seal of the district shall be
impressed thereon. The term "registration book" as used in
chapter 87.22 RCW shall constitute the method of registration adopted in conformance with RCW 39.46.030. [1983 c
167 § 233; 1929 c 120 § 24; RRS § 7530-24. Formerly
RCW 87.22.170, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
[Title 87 RCW—page 60]
87.22.190 Transfer on registration book required.
Said bonds shall be transferable only on the registration book
and any attempted transfer of said bonds not recorded in said
registration book shall be void so far as the rights of the
district are concerned. [1983 c 167 § 234; 1929 c 120 § 26;
RRS § 7530-26. FORMER PART OF SECTION: 1929 c
120 § 27; RRS § 7530-27, now codified as RCW 87.22.195.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.22.200 Bonds of equal priority. Said bonds shall
be of equal priority and shall be paid on a pro rata basis, in
proportion to their respective face values, PROVIDED, That
for purposes of identification only said bonds may be
numbered consecutively. [1929 c 120 § 28; RRS § 753028.]
87.22.210 Payment to record owner. Payment by
the said county treasurer of any installment of or interest on
said bonds, or any of the same, to the recorded owner
thereof as shown on said registration book shall constitute a
valid payment, without surrender of said bonds or any of the
same, provided that final payment on account of any bond
shall not be made until and unless the same is surrendered.
[1929 c 120 § 29; RRS § 7530-29. FORMER PART OF
SECTION: 1929 c 120 § 30; RRS § 7530-30, now codified
as RCW 87.22.215.]
87.22.215 Payment to agent. Any bondholder or
group of bondholders shall have the right to request said
county treasurer in writing to pay the interest and installments of principal of his or their bond or bonds to such
agent as may be designated in said request and payment to
said agent shall constitute a valid payment to the record
owner or owners of said bond or bonds within the provisions
of this chapter. [1929 c 120 § 30; RRS § 7530-30. Formerly RCW 87.22.210, part.]
87.22.230 Assessments—Limitations. No tract of
land shall be assessed by the district during the life of the
proposed bonds when issued for the purpose of paying the
principal of or interest on said bonds in an aggregate amount
in excess of double the amount determined in the decree
fixing maximum benefits under subdivision (1) of RCW
87.22.040, together with the interest on the principal computed at the rates specified in the bond, and any assessment in
excess thereof shall be void. In addition to its regular
normal assessment for the principal or interest of said bonds,
no tract of land shall be assessed in any one year to make up
past or anticipated delinquencies of assessments or both
levied or to be levied against the lands in the district for said
purposes, in excess of fifty percent of its regular normal
assessment for said bonds. [1931 c 42 § 4; 1929 c 120 §
31; RRS § 7530-31.]
87.22.240 Assessments—Methods of payment. The
owner of any land within said irrigation district which shall
be liable for payment of said refunding bonds shall have the
right to pay the same in said annual or semiannual installments or to make payment at any time when installments are
due as in this section provided: (1) To pay an amount equal
(2002 Ed.)
Refunding Bonds—1929 Act
to the amount fixed in said decree determining the maximum
benefits under subdivisions (1) and (2) of RCW 87.22.040 or
the amount of the unpaid balance of said sums if such
payment is not made until one or more installments have
been paid, together with the amount fixed by said decree
under subdivision (1) of RCW 87.22.040, and thereafter no
further assessment shall be levied against such tract of land;
(2) to pay the amount of benefits fixed in the decree determining the maximum benefits under subdivision (1) of RCW
87.22.040 or the unpaid balance thereof if such payment is
made after one or more installments shall have been paid,
with interest on the amount paid to the time of making
payment, and thereafter such lands shall not be subject to assessments except to meet delinquencies of principal and/or
interest on said bonds, for which purpose additional assessments shall be levied against said tract of land to an amount
not exceeding the amount found in the decree fixing the
maximum benefits under subdivision (1) of RCW 87.22.040;
or (3) to pay any additional installments of the principal with
interest accrued on the amount so paid at the time of the
payment, and thereafter, in levying assessments against said
tracts of land, said owner shall be given credit for such
advance payment. The treasurer of the proper county shall
have authority to receive for the benefit of the refunding
bond fund of the district the payments herein authorized to
be made. [1931 c 42 § 5; 1929 c 120 § 32; RRS § 7530-32.
FORMER PART OF SECTION: 1931 c 42 § 6; 1929 c 120
§ 33; RRS § 7530-33, now codified as RCW 87.22.245.]
87.22.245 Assessments—Receipts. In case the owner
of any land within an irrigation district shall make payment
in accordance with the second provision in RCW 87.22.240,
the county treasurer shall issue to such landowner a receipt
stating that such payments have been made and that such
lands shall thereafter be subject only to the assessments
provided for in accordance with such provisions; and, in case
any landowner within such irrigation district shall make any
payments in accordance with the third provision of RCW
87.22.240, the county treasurer shall issue to such landowner
a receipt showing the payment of such installment or
installments and stating that credit therefor is thereby given
to such landowner as to apply to future installments. [1931
c 42 § 6; 1929 c 120 § 33; RRS § 7530-33. Formerly RCW
87.22.240, part.]
87.22.250 Assessments—Payment in money only.
Full payment of the decreed maximum benefits accruing to
any tract of land aforesaid can be made by the payment of
money only and no sale of any tract of land on account of
delinquent district assessments shall be construed as a
satisfaction chargeable against the amount of maximum
benefits decreed as accruing to said tract by reason of said
refunding bonds. [1929 c 120 § 34; RRS § 7530-34.]
87.22.260 Sale or lease of foreclosed land—
Disposition of proceeds. In any instance where an irrigation district having outstanding refunding bonds issued under
the provision of this chapter, sells or rents a tract of land
previously acquired by sale on account of delinquent district
assessments, the proceeds of said sale or lease shall be
distributed to the expense fund and the refunding bond fund
(2002 Ed.)
87.22.240
of the district in proportion to the respective amounts of the
district exactions made against said tract of land for the
benefit of these two funds payable in the year in which the
district assessment for which said tract was sold, became
delinquent. [1929 c 120 § 35; RRS § 7530-35.]
87.22.270 Excess in bond fund—Apportionment.
When the money in the refunding bond fund reaches an
excess of ten percent of the amount necessary to meet the
total aggregate minimum annual installment of the principal
of said bonds and interest next payable, it shall be the duty
of said treasurer to apportion said excess to the several
bondholders on a pro rata basis in proportion to the par
value of their respective bonds and include the same with the
payments of the next annual installment of the principal of
said bonds. [1929 c 120 § 36; RRS § 7530-36.]
87.22.275 Rights of bond owners—Lien of bonds—
Manner of payment. Except as herein otherwise specifically provided, refunding bonds, authorized, issued and disposed of under the provisions of this chapter shall entitle the
owners thereof to the same rights and privileges, shall
constitute a lien on the same property and shall be paid in
the same manner as the original bonds refunded by said
bond issue, and said refunding bonds shall be retired by the
exaction of annual assessments levied against all the lands in
the district: PROVIDED, HOWEVER, That any lands in the
district against which no benefits are determined by the
decree determining maximum benefits may be excluded from
the district in the same manner in which lands may now be
excluded from the districts against which there are no bond
issues, and said lands so excluded shall be forever free of
the liens of said refunding bonds; AND PROVIDED
FURTHER, That no assessments against any tract of land
shall exceed the amount specified under RCW 87.22.230.
[1983 c 167 § 235; 1931 c 42 § 7; 1929 c 120 § 37; RRS §
7530-37. Formerly RCW 87.22.220.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.22.280 Judicial confirmation. Proceedings had for
the authorization, issuance and disposal of refunding bonds
provided for herein may be considered, confirmed and
approved by the court in proceedings authorized by the
irrigation district act in the same manner and with the same
effect, as proceedings had for authorization, issuance and
disposal of other irrigation district bonds provided for by
law, are considered, confirmed and approved. [1929 c 120
§ 38; RRS § 7530-38.]
Proceedings for judicial confirmation: RCW 87.03.780 through 87.03.805.
87.22.900 Severability—1929 c 120. If any section
or provision of this chapter shall be adjudged to be invalid
or unconstitutional such adjudication shall not affect the
validity of the chapter as a whole or any section, provision
or part thereof not adjudged to be invalid or unconstitutional.
[1929 c 120 § 39; RRS § 7530-39.]
87.22.910 Construction—Chapter additional
method. Nothing in this chapter contained shall be deemed
or construed as abridging, enlarging or modifying any
[Title 87 RCW—page 61]
87.22.910
Title 87 RCW: Irrigation
existing statute relating to refunding bonds of irrigation
districts. This chapter is intended as an independent act
providing an additional method for the issuance of refunding
bonds of such districts. [1929 c 120 § 40; RRS § 7530-40.
Formerly RCW 87.22.010, part.]
Chapter 87.25
CERTIFICATION OF BONDS
Sections
87.25.010
87.25.020
87.25.030
87.25.040
87.25.050
87.25.060
87.25.070
87.25.090
87.25.100
87.25.120
87.25.125
87.25.130
87.25.140
87.25.900
Resolution to certify—Investigation.
Request for information—Compliance.
Transcript to attorney general—Report filed with secretary
of state.
Contents of director’s report.
Certificates to be attached to reports.
Supplemental report.
Form of secretary of state’s certificate.
Expense to be paid by district.
Expenditures of bond proceeds—Employment and payment
of attorneys.
Inspection of work as it progresses.
Certification in installments.
Forms prescribed.
Expenditures for construction—Approval—Budget.
Severability—1923 c 51.
87.25.010 Resolution to certify—Investigation.
Whenever the board of directors of any irrigation district,
organized and existing under and pursuant to the laws of the
state of Washington, shall by resolution declare that it deems
it desirable that any contemplated or outstanding bonds of
such district, including any of its bonds authorized but not
sold, be certified under the provisions of this chapter, such
board of directors shall thereupon file a certified copy of
such resolution with the director of ecology. Such director
on receipt of a certified copy of such resolution shall,
without delay, make or cause to be made a full investigation
of the affairs of the district. [1988 c 127 § 49; 1923 c 51 §
1; RRS § 7432-1.]
87.25.020 Request for information—Compliance.
In connection with the investigation and report provided for
in this chapter, the director of ecology is authorized and
directed to make written request upon any state officer, institution or department for information, opinion or advice
relative to any features of such investigation pertinent to the
work of such officer or department. Upon receipt of such
written request from said director, such officer or department
shall, without delay, make such investigation as may be
necessary and shall then furnish the said director with a
report in writing giving the information, opinion or advice
required by said director. [1988 c 127 § 50; 1923 c 51 § 2;
RRS § 7432-2.]
87.25.030 Transcript to attorney general—Report
filed with secretary of state. If, after the investigation
herein provided for, the director finds that the project of the
district is feasible, that the bond issue proposed to be certified is necessary and in sufficient amount to complete the
improvement contemplated and that the district shows a clear
probability of successful operation, he shall submit a
complete transcript, to be furnished and certified by the
[Title 87 RCW—page 62]
district, of the proceedings relating to the organization and
establishment of the district and relating to or affecting the
validity of the bond issue involved, to the attorney general,
for his written opinion as to the legality of the same. If the
attorney general finds that any of the matters submitted in
the transcript are not legally sufficient he shall so state in his
opinion to the director of ecology. The district shall then be
given an opportunity, if possible, to correct the proceeding
or thing complained of to the satisfaction of the attorney
general. If the attorney general finds that all the matters
submitted in the transcript as originally submitted or as
subsequently corrected are legally sufficient said director
shall thereupon file his report with the secretary of state and
forward a copy to the secretary of the district, to be kept
among the records of the district. [1988 c 127 § 51; 1923
c 51 § 3; RRS § 7432-3.]
87.25.040 Contents of director’s report. Said report
filed with the secretary of state shall contain conclusions
upon the following points:
(1) The supply of water available for the project and the
right of the district to so much water as may be needed.
(2) The nature of the soil as to its fertility and susceptibility to irrigation, the probable amount of water needed for
its irrigation and the probable need of drainage.
(3) The feasibility of the district’s irrigation system and
of the specific unit for which the bonds under consideration
are desired, whether such system and unit be constructed,
projected or partially completed; and the sufficiency of the
amount of the proposed bond issue to complete the improvement contemplated.
(4) The reasonable market value of the water, water
rights, canals, reservoirs, reservoir sites and irrigation works
owned by such district or to be acquired or constructed by
it with the proceeds of any such bonds.
(5) The reasonable market value of the lands included
within the district.
(6) The plan of operation and maintenance used or
contemplated by the district.
(7) The method of accounting employed or proposed to
be employed by the district.
(8) Any other matter material to the investigation.
[1923 c 51 § 4; RRS § 7432-4.]
87.25.050 Certificates to be attached to reports.
Attached to said report of said director shall be the following:
(1) A certificate signed by the director of ecology
certifying to the amount and sufficiency of water rights
available for the project.
(2) A certificate signed by a soil expert of the Washington State University, certifying as to the character of the soil
and the classification of the lands in the district.
(3) A certificate signed by the director of ecology
approving the general feasibility of the system of irrigation.
(4) A certificate signed by the attorney general of the
state of Washington approving the legality of the organization and establishment of the district and the legality of the
bond issue offered for certification. [1988 c 127 § 52; 1977
ex.s. c 169 § 112; 1923 c 51 § 5; RRS § 7432-5.]
(2002 Ed.)
Certification of Bonds
87.25.050
Severability—Nomenclature—Savings—1977 ex.s. c 169: See notes
following RCW 28B.10.016.
as the attorney general shall require. [1988 c 127 § 55;
1923 c 51 § 9; RRS § 7432-9.]
87.25.060 Supplemental report. When the proposed
bond issue has been finally approved by the director, he shall
file a supplemental report with the secretary of state giving
the numbers, date or dates of issue and denominations of
said bonds which shall then be entitled to certification as
herein provided. [1923 c 51 § 6; RRS § 7432-6.]
87.25.120 Inspection of work as it progresses.
During the progress of any work to be paid for from the
proceeds of any bond issue certified as in this chapter provided, the director of ecology shall make or cause to be
made, from time to time, at the expense of the district, such
inspection of the work as may be necessary to enable the
said department to know that the plans approved by the
director are being carried out without material modification,
unless such modification has been approved by the director.
[1988 c 127 § 56; 1923 c 51 § 10; RRS § 7432-10.]
87.25.070 Form of secretary of state’s certificate.
All bonds issued by any eligible district availing itself of the
provisions of this chapter shall, before sale by the district,
have attached thereto the certificate of the secretary of state,
essentially in the following form:
Olympia, Washington, . . . .(Insert date). . . . .
I, . . . . . ., secretary of state of the state of Washington,
do hereby certify that the above named district has been
investigated and its project approved by the department of
ecology of the state of Washington; that the legality of the
bond issue of which this bond is one has been approved by
the attorney general of the state of Washington, and that the
carrying out of the purposes for which this bond was issued
is under the supervision of said department, as provided by
law.
[Seal]
......................
Secretary of State.
[1988 c 127 § 53; 1923 c 51 § 7; RRS § 7432-7.]
87.25.090 Expense to be paid by district. All
necessary expenses incurred in making the investigation,
examination, opinions and reports in this chapter provided
for shall be paid at such times and in such manner as the
director of ecology shall require, by the irrigation district, the
affairs of which have been investigated and reported on by
the said director: PROVIDED, That the benefit of any
service that may have been performed and any data that may
have been obtained in pursuance of the requirements of any
law other than this chapter, shall be available for the use of
the director without charge to said district. [1988 c 127 §
54; 1923 c 51 § 8; RRS § 7432-8.]
87.25.100 Expenditures of bond proceeds—
Employment and payment of attorneys. Whenever the
bonds of any irrigation district have been certified, as
provided in this chapter, no expenditures shall be made from
the proceeds of such bonds, nor shall any liability chargeable
against such proceeds be incurred, until there shall have been
filed with and approved by the director of ecology a schedule of proposed expenditures in such form as said director
shall prescribe, and no expenditures from the proceeds of
said bonds shall be made for any purpose in excess of the
amount allowed therefor in such schedule without the written
consent of said director: PROVIDED, FURTHER, That, if
it shall be necessary, the attorney general may employ
competent attorneys to assist him in the performance of his
duties under this chapter, said attorneys to be paid by the
irrigation district for which services are rendered from any
of the funds of said district at such time and in such manner
(2002 Ed.)
87.25.125 Certification in installments. Whenever
the survey, examinations, drawings, and plans of an irrigation district, and the estimate of cost based thereon, shall
provide that the works necessary for a completed project
shall be constructed progressively over a period of years in
accordance with a plan or schedule adopted by resolution of
the board of directors of the district, it shall not be necessary
for the secretary of state to certify at one time all of the
bonds that have been voted for the said completed project;
but such bonds may be certified from time to time, when
approved by the director of ecology, as needed by the
district. If the secretary of state shall certify all of the bonds
necessary for the said completed project, even if said project
is to be constructed progressively over a period of years in
accordance with the aforesaid resolution of the board of
directors, the bonds so voted and certified shall only be sold
after prior written approval of said director. [1988 c 127 §
57; 1923 c 51 § 11; RRS § 7432-11. Formerly RCW
87.25.080.]
87.25.130 Forms prescribed. Districts coming within
the provisions of this chapter shall prepare and maintain all
records of their operation and proceedings upon forms
prescribed by the director of ecology. [1988 c 127 § 58;
1923 c 51 § 12; RRS § 7432-12.]
87.25.140 Expenditures for construction—
Approval—Budget. When the bonds of any district have
been certified as provided herein, it shall be unlawful for the
district, during the life of said bonds to expend any money
or incur any obligation for construction purposes without the
written approval of the director of ecology, nor shall such
district issue and sell any bonds not certified as herein
provided, and the district shall annually at such time as said
director shall prescribe, prepare and file with the director, on
forms furnished by that officer, a budget of its contemplated
expenditures for maintenance and operation during the
ensuing year. [1988 c 127 § 59; 1923 c 51 § 13; RRS §
7432-13. Formerly RCW 87.25.110.]
87.25.900 Severability—1923 c 51. If any section or
provision of this chapter shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole or any section, provision
or part thereof not adjudged to be invalid or unconstitutional.
[1923 c 51 § 14; RRS § 7432-14.]
[Title 87 RCW—page 63]
Chapter 87.28
Title 87 RCW: Irrigation
Chapter 87.28
REVENUE BONDS FOR WATER,
POWER, DRAINS, ETC.
Sections
87.28.005
87.28.010
87.28.015
87.28.020
87.28.030
87.28.035
87.28.040
87.28.070
87.28.090
87.28.100
87.28.103
87.28.108
87.28.110
87.28.120
87.28.150
87.28.200
87.28.210
"County treasurer," "treasurer of the county," defined.
Revenue bonds authorized.
Interest bearing warrants authorized—Form, covenants, issuance and sale.
Form and terms of bonds.
Bonds payable only from special funds—Lien on revenues.
Determining amount payable into special funds.
Bonds do not constitute general debt of district.
Sale of bonds.
Board to set rates to provide necessary revenues.
Fixed share of revenues must be paid into special fund.
Election on proposed bond issue—Exception—Consent of
state.
Payment of bonds—Covenants for securing authorized—
Scope.
Payment of bonds.
Objects executed by resolution—Determining legality of
proceedings.
Refunding revenue bonds authorized—Revenue bond redemption fund established—Use.
Utility local improvement districts—Authorized—Special
assessments—Limitations.
Utility local improvement districts—Conversion of local
improvement districts to.
87.28.005 "County treasurer," "treasurer of the
county," defined. As used in this chapter, in accordance
with RCW 87.03.440, the term "county treasurer" or "treasurer of the county" or other reference to that office means
the treasurer of the district, if the district has designated its
own treasurer, unless the context clearly requires otherwise.
[1979 ex.s. c 185 § 17.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.28.010 Revenue bonds authorized. The board of
directors of any irrigation district in this state which is
furnishing or may furnish irrigation water, domestic water,
electric power, drainage or sewerage services for which rates
or tolls and charges are imposed or contract payments made,
or any combination of such services, shall have authority to
issue and sell bonds of the district payable from revenues
derived from district rates or tolls and charges or contract
payments for such service or services, and to pledge such
revenues from one or more of such services for the payment
and retirement of bonds issued for irrigation water, domestic
water, electric power, and drainage or sewer improvements:
PROVIDED, That nothing in this section shall authorize a
district which is not on March 8, 1973, engaged in providing
electrical service permission to pledge revenue from water
and sewer service to support the issuance of revenue bonds
for the acquisition or construction of electrical power
facilities other than those authorized by RCW 87.03.015(1),
as now or hereafter amended. [1979 ex.s. c 185 § 8; 1973
c 74 § 1; 1949 c 57 § 1; Rem. Supp. 1949 § 7434-10.]
financing pending the issuance of district revenue bonds.
The items, form and content, and the manner of the issuance
and sale of such interest bearing warrants as well as any
covenants for the redemption of such warrants shall be
established by resolution of the district’s board of directors.
Such warrants may be in any form, including bearer warrants
or registered warrants as provided in RCW 39.46.030. Such
warrants may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 236; 1979 ex.s. c 185 § 18.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.28.020 Form and terms of bonds. (1) Said bonds
shall be in such form as the board of directors shall determine; shall be in bearer form or registered as to principal or
interest or both as provided in RCW 39.46.030, and may
provide for conversion between registered and coupon bonds;
shall be in such denominations, shall be numbered, shall bear
such date and shall be payable at such time or times up to a
maximum of not to exceed forty years as shall be determined
by the board of directors; shall bear interest at such rate or
rates, payable at such time or times as authorized by the
board of directors; shall be payable at the office of the
county treasurer of the county in which the principal office
of the district is located or at such other place as the board
of directors shall provide and specify in the bonds; shall be
executed by the president of the board of directors and
attested and sealed by the secretary thereof and may have
facsimile signatures of the president and secretary imprinted
on any interest coupons in lieu of original signatures and the
facsimile seal of the district and the facsimile signature of
either the president or the secretary on the bonds in lieu of
a manual signature. Said bonds may provide that the same
or any part thereof at the option of the board of directors
may be redeemed in advance of maturity on any interest
payment date upon the terms and conditions established by
the board, may include in the amount of the issue funds for
the purpose of paying interest on the bonds during the period
of construction of the facility being financed by the proceeds
of the bonds, and may include in the amount of the issue
funds for the purpose of establishing, maintaining, or
increasing reserves in the manner, for the purposes, and subject to the restrictions set forth in RCW 39.44.140.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 237; 1979 ex.s. c 185 § 9; 1973
c 74 § 2; 1970 ex.s. c 56 § 99; 1969 ex.s. c 232 § 58; 1949
c 57 § 2; Rem. Supp. 1949 § 7434-11.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Facsimile signatures: RCW 39.44.100.
87.28.015 Interest bearing warrants authorized—
Form, covenants, issuance and sale. Irrigation districts
may also issue interest bearing warrants to provide interim
87.28.030 Bonds payable only from special funds—
Lien on revenues. The board of directors of the issuing
district shall have authority and is required to create a
[Title 87 RCW—page 64]
(2002 Ed.)
Revenue Bonds for Water, Power, Drains, Etc.
special fund or funds to be carried in said county treasurer’s
office for the account of the district for the sole purpose of
paying the interest and principal of such bonds. The board
of directors of the issuing district shall obligate and bind the
district to set aside and pay into such special fund or funds
a fixed proportion, or any fixed amount of and not exceeding
a fixed proportion of, or a fixed amount or amounts without
regard to any fixed proportion of the gross revenues from the
charges made by the district for the irrigation water, domestic water, the electric power, drainage, or sewer service, or
any combination of such services as the case may be, for
which the bonds are issued, and such bonds and the interest
thereon shall be payable only out of such special fund or
funds but shall be a lien and charge against all revenues
received for the service or services the revenues of which are
pledged to such fund or funds and payments received from
any utility local improvement district or districts pledged to
secure such bonds, subject only to operating and maintenance expenses of such service. [1979 ex.s. c 185 § 10;
1973 c 74 § 3; 1949 c 57 § 3; Rem. Supp. 1949 § 7434-12.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.28.035 Determining amount payable into special
funds. In creating such special fund or funds the board of
directors of the district shall have due regard for the cost of
the operation and maintenance of the district system required
by the district to furnish said irrigation water, domestic
water, electric power, drainage, or sewer service, as the case
may be, and shall not set aside into such special fund a
greater amount or proportion of the revenue of such service
or services, than, in its judgment, will be available over and
above such cost of maintenance and operation and the
amount or proportion, if any, of the revenue previously
pledged to such special fund or funds. [1979 ex.s. c 185 §
11; 1949 c 57 § 4; Rem. Supp. 1949 § 7434-13. Formerly
RCW 87.28.080.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.28.040 Bonds do not constitute general debt of
district. Any such bonds, and interest thereon, issued
against a special fund as herein provided shall be a valid
claim of the owner thereof only as against said special fund
or funds and its fixed proportion or amount of the revenue
pledged to such fund or funds and shall not constitute a
general indebtedness against the issuing irrigation district.
Each such bond shall state upon its face that it is payable
from a special fund or funds only, naming the special fund
or funds and the resolution creating the fund or funds.
[1983 c 167 § 238; 1979 ex.s. c 185 § 12; 1949 c 57 § 5;
Rem. Supp. 1949 § 7434-13a.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.28.070 Sale of bonds. (1) Such revenue bonds
shall be sold in such manner as the board of directors shall
deem for the best interests of the irrigation district, either at
public or at private sale and at any price and at any rate or
rates of interest, but if the board of directors shall dispose of
(2002 Ed.)
87.28.030
said bonds in exchange for construction of improvements or
for materials, such bonds shall not be disposed of for less
than par for value received by the district.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 239; 1970 ex.s. c 56 § 100; 1969 ex.s. c 232
§ 59; 1949 c 57 § 6; Rem. Supp. 1949 § 7434-14.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
87.28.090 Board to set rates to provide necessary
revenues. The board of directors of any irrigation district
issuing such revenue bonds shall provide for revenues by
fixing rates and charges for furnishing the service involved
as the board shall deem necessary, in the manner provided
by law and as fixed by resolution, the total revenues to be so
estimated and determined as to be sufficient to take care of
costs of maintenance, operation interest and principal
amortization requirements and other charges involved. [1949
c 57 § 7; Rem. Supp. 1949 § 7434-15.]
Assessments and levies: RCW 87.03.240 through 87.03.305.
87.28.100 Fixed share of revenues must be paid into
special fund. When a special fund has been created and
bonds have been issued as herein provided, the fixed proportion or amount of the revenues pledged to the payment of
the bonds and interest shall be set aside and paid into the
special fund monthly as collected, as provided in the
resolution creating the fund, and in case any irrigation
district shall fail thus to set aside and pay said fixed proportion or amount as aforesaid, the owner of any bond against
the special fund may bring appropriate court action against
the district and compel such setting aside and payment.
[1983 c 167 § 240; 1979 ex.s. c 185 § 13; 1949 c 57 § 8;
Rem. Supp. 1949 § 7434-16.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.28.103 Election on proposed bond issue—
Exception—Consent of state. When the directors of the
district have decided to issue revenue bonds as herein
provided, they shall call a special election in the irrigation
district at which election shall be submitted to the electors
thereof possessing the qualifications prescribed by law the
question whether revenue bonds of the district in the amount
and payable according to the plan of payment adopted by the
board and for the purposes therein stated shall be issued.
Said election shall be called, noticed, conducted and canvassed in the same manner as provided by law for irrigation
district elections to authorize an original issue of bonds
payable from revenues derived from annual assessments
upon the real property in the district: PROVIDED, That the
board of directors shall have full authority to issue revenue
bonds as herein provided payable within a maximum period
of forty years without a special election: AND PROVIDED,
FURTHER, That any irrigation district indebted to the state
[Title 87 RCW—page 65]
87.28.103
Title 87 RCW: Irrigation
of Washington shall get the written consent of the director
of the department of ecology prior to the issuance of said
revenue bonds. [1979 ex.s. c 185 § 14; 1949 c 57 § 9; Rem.
Supp. 1949 § 7434-17. Formerly RCW 87.28.050.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
Bonds, election for, etc.: RCW 87.03.200.
Qualification of voters: RCW 87.03.045.
87.28.108 Payment of bonds—Covenants for
securing authorized—Scope. The board of directors may
make such covenants as it may deem necessary to secure and
guarantee the payment of the principal of and interest on
revenue bonds of the district, including but not being limited
to covenants for: The establishment and maintenance of
adequate reserves to secure or guarantee the payment of such
principal and interest; the protection and disposition of the
proceeds of sale of such bonds; the use and disposition of
the gross revenues of the service or services of the district
providing revenues for the payment of such bonds and any
additions or betterments thereto or extensions thereof; the
use and disposition of any utility local improvement district
assessments; the creation and maintenance of funds for
renewals and replacements of the service or services providing revenues for the payment of such bonds; the establishment and maintenance of rates and charges adequate to pay
principal and interest of such bonds and to maintain adequate
coverage over debt service; the maintenance, operation, and
management of the service or services providing revenues
for the payment of such bonds and the accounting, insuring,
and auditing of the business in connection therewith; the
terms upon which such bonds or any of them may be
redeemed at the election of the district; limitations upon the
right of the district to dispose of its service or services
providing revenues for the payment of such bonds or any
part thereof; the appointment of trustees, depositaries, and
paying agents to receive, hold, disburse, invest, and reinvest
all or any part of the income, revenue, and receipts of the
district; and the board of directors may make such other
covenants as it may deem necessary to accomplish the most
advantageous sale of such bonds. The board of directors
may also provide that revenue bonds payable out of the same
source or sources may later be issued on a parity with any
revenue bonds being issued and sold. [1979 ex.s. c 185 §
21.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.28.110 Payment of bonds. Said county treasurer
shall have authority to pay said bonds and any appurtenant
coupons in accordance with their terms from any moneys on
hand in said special fund and when said bonds with interest
have been fully paid, any moneys remaining in the fund shall
be transferred to the expense fund of the district and the
special fund closed. [1983 c 167 § 241; 1949 c 57 § 11;
Rem. Supp. 1949 § 7434-19.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.28.120 Objects executed by resolution—
Determining legality of proceedings. The board of di[Title 87 RCW—page 66]
rectors of the issuing district shall have full authority by
resolution to carry out the objects of this chapter in accordance with the provisions hereof and the same shall be
liberally construed. The court shall have full jurisdiction
under the irrigation district law to examine and determine the
legality of the proceedings held to authorize and dispose of
such revenue bonds, in the same manner and with the same
legal effect as that provided in the case of other bonds of the
district. [1949 c 57 § 12; Rem. Supp. 1949 § 7434-20.
Formerly RCW 87.28.120 and 87.28.130.]
Bonds: RCW 87.03.200 through 87.03.235.
87.28.150 Refunding revenue bonds authorized—
Revenue bond redemption fund established—Use. The
board of directors of any irrigation district may, by resolution, without submitting the matter to the voters of the
district, provide for the issuance of refunding revenue bonds
to refund one or more of the following: Outstanding assessment bonds, revenue bonds, contracts with the United States
or state of Washington, or any part thereof, and all outstanding local improvement district bonds, at maturity thereof, or
before maturity thereof if they are subject to call for prior
redemption or if all of the owners thereof consent thereto.
The refunding bonds shall be issued in the manner and for
the purposes set forth in chapter 39.53 RCW.
Whenever district bonds or contracts payable in whole
or part from assessments have been refunded pursuant to this
section, all assessments remaining unpaid shall thereafter
when collected be paid into the revenue bond redemption
fund established for payment of the refunding revenue
bonds, and the cash balances, if any, in the reserve or
guaranty funds for such refunded bonds and the proceeds
received from any other assets owned by such funds shall be
used in whole or in part as a reserve or guaranty fund for the
refunding revenue bonds or be transferred in whole or in part
to any other funds of the district as the board of directors
may determine. In the event that any warrants are outstanding against the local improvement guaranty fund of the
district at the time of the issuance of such refunding revenue
bonds, said bonds shall be issued in an amount sufficient
also to fund and pay such outstanding warrants. [1983 c 167
§ 242; 1979 ex.s. c 185 § 22.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.28.200 Utility local improvement districts—
Authorized—Special assessments—Limitations. Any
irrigation district shall have the power to establish utility
local improvement districts within its territory and to levy
special assessments within such utility local improvement
districts in the same manner as provided for irrigation district
local improvement districts: PROVIDED, That it must be
specified in any petition for the establishment of a utility
local improvement district that the sole purpose of the
assessments levied against the real property located within
the utility local improvement district shall be the payment of
the proceeds of those assessments into the revenue bond
fund for the payment of revenue bonds, that no warrants or
bonds shall be issued in any such utility local improvement
(2002 Ed.)
Revenue Bonds for Water, Power, Drains, Etc.
district, and that the collection of interest and principal on all
assessments in such utility local improvement district, when
collected, shall be paid into the revenue bond fund. [1979
ex.s. c 185 § 19.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
87.28.210 Utility local improvement districts—
Conversion of local improvement districts to. The board
of directors of any irrigation district may by resolution
convert any then existing local improvement district into a
utility local improvement district at any time prior to the
adoption of a resolution approving and confirming the initial
assessment roll of such local improvement district. The
resolution so converting the local improvement district shall
provide for the payment of the special assessments levied in
that district into the special fund established or to be
established for the payment of revenue bonds issued to
defray the cost of the local improvement district. [1979 ex.s.
c 185 § 20.]
Effective date—Severability—1979 ex.s. c 185: See notes following
RCW 87.03.013.
Chapter 87.48
INDEMNITY TO STATE ON LAND
SETTLEMENT CONTRACTS
Sections
87.48.010
87.48.020
87.48.030
87.48.040
Contracts for indemnity authorized.
Approval of contract—Execution—State obligation to enter
into land settlement contract with federal government.
Assessments—Indemnity fund—Transfer to maintenance
fund, when.
Estimate of expenses and losses—Payment.
87.48.010 Contracts for indemnity authorized. Any
irrigation district by and through its board of directors is
hereby authorized and shall have the power to enter into a
contract with the state of Washington whereby it shall agree
to repay to the state of Washington any expenses incurred by
the state of Washington and to indemnify the state of
Washington against any and all losses and damages which
the state of Washington may suffer, under any contract
between the state of Washington and the United States
relating to land settlement in said district. This chapter shall
apply to all irrigation districts and shall not be otherwise
construed. [1925 ex.s. c 34 § 1; RRS § 7525-1.]
87.48.020 Approval of contract—Execution—State
obligation to enter into land settlement contract with
federal government. When any such irrigation district shall
have duly executed and tendered to the state of Washington
the contract of indemnity as it is herein empowered to do,
the director of ecology is hereby authorized, empowered and
required to sign and execute such contract on behalf of the
state of Washington. After having received any such
contract of indemnity from any such irrigation district the
said director of ecology is hereby authorized, empowered
and required to enter into a contract on behalf of the state of
Washington with the United States relating to the land
settlement in such district if such contract shall be presented,
(2002 Ed.)
87.28.200
or tendered by the United States, which contract, if entered
into on or before June 30, 1926, shall have the same terms
and provisions of that certain contract submitted to the state
of Washington under authority of the act of congress
approved March 3rd, 1925, entitled "An Act making appropriations for the Department of the Interior for the fiscal year
ending June 30, 1926, and for other purposes." PROVIDED,
That the liability of the state of Washington to the United
States under such contract, if entered into on or before June
30, 1926, shall be limited to three hundred thousand dollars
and be subject to appropriation therefor being made by the
legislature. PROVIDED, FURTHER, That the said director
of ecology or any other officer of the state of Washington
shall not enter into any such contract with the United States
after June 30, 1926, unless and until any such contract shall
have been presented to the legislature by the governor
through the director of ecology and approved by a joint
resolution of the legislature, which resolution shall be passed
by a constitutional majority of both branches of the legislature by roll call. [1988 c 127 § 60; 1925 ex.s. c 34 § 2;
RRS § 7525-2.]
87.48.030 Assessments—Indemnity fund—Transfer
to maintenance fund, when. Any such irrigation district
which shall have entered into any such contract of indemnity
with the state of Washington is hereby empowered and shall
annually be required to levy assessments against all the
property within said district from time to time in such
amounts as shall enable it to reasonably anticipate and
promptly comply with its said contract with the state of
Washington. Such assessments shall be levied and be
payable at the time and in the manner that its regular
assessments are made and shall have the same validity, force
and effect as assessments for any other purposes. Such
assessments shall be levied for and shall be paid into a fund
to be known as "The Indemnity Fund" and such fund shall
not be used for any purpose other than to fulfill its obligations under its indemnity contract with the state of Washington. PROVIDED, That when all expenses, losses or damages for which the district may become liable to the state of
Washington under RCW 87.48.010 shall have been paid to
the state of Washington any money then remaining in "The
Indemnity Fund" shall be transferred to the maintenance fund
of said district. [1925 ex.s. c 34 § 3; RRS § 7525-3.]
87.48.040 Estimate of expenses and losses—
Payment. When the state of Washington shall be required
to make any payment or expend any money in the performance of any such contract entered into with the United
States, an estimate of the amount of expenses likely to be
incurred in such performance, together with an estimate of
future losses or damages that may occur under such contract
shall be made by the director of ecology, who shall thereupon return a statement thereof to such district, and the board
of directors of such district shall from time to time as
required by the director of ecology levy against all the
property within said district such assessments as may be
necessary to repay to the state of Washington such estimated
expenses, losses and damages. PROVIDED, If such district
has no money in the "The Indemnity Fund" to repay such
expenses when the same shall be incurred or to pay such
[Title 87 RCW—page 67]
87.48.040
Title 87 RCW: Irrigation
losses and damages as the same shall accrue it shall be the
duty of the board of directors to cause warrants of the
district to be issued in payment of such indebtedness, which
warrants shall bear interest at a rate determined by the board
and be paid from moneys paid into the indemnity fund by
assessments levied as hereinbefore provided. [1988 c 127 §
61; 1981 c 156 § 32; 1925 ex.s. c 34 § 4; RRS § 7525-4.]
Chapter 87.52
DISSOLUTION OF DISTRICTS WITHOUT BONDS
Sections
87.52.001
Actions subject to review by boundary review board.
1897 ACT
87.52.010
87.52.015
87.52.030
87.52.040
87.52.060
Dissolution authorized.
Petition.
Election—Ballots—Qualified electors.
Vote required—Petition to court—Notice and publication of
hearing—Court order.
Board of directors as trustees—Duties—Records to be delivered to clerk.
1939 ACT
87.52.070
87.52.080
87.52.090
87.52.150
Dissolution
Dissolution when not brought under irrigation for twenty
years.
Petition.
Election—Procedure when three-fifths vote for disorganization.
Disposal of real property—Right of adjacent owners.
of inactive special purpose districts: Chapter 36.96 RCW.
87.52.001 Actions subject to review by boundary
review board. Actions taken under chapter 87.52 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 67.]
1897 ACT
87.52.010 Dissolution authorized. Any irrigation
district, organized and existing by virtue of laws of this state,
which has no bonded indebtedness outstanding, may be
disorganized and its business and affairs liquidated and
wound up in the manner hereinafter provided. [1897 c 79 §
1; RRS § 7526. FORMER PART OF SECTION: 1897 c
79 § 2; RRS § 7527, now codified as RCW 87.52.015.]
87.52.015 Petition. A petition signed by one-third or
more holders of title or evidence of title to lands within said
district who shall be qualified electors thereof, reciting the
fact that said district has no bonded indebtedness and
praying that said district be disorganized under the provisions of RCW 87.52.010 through 87.52.060, shall be
delivered to the secretary of the board of directors of said
district or to one of the directors thereof. [1897 c 79 § 2;
RRS § 7527. Formerly RCW 87.52.010, part.]
87.52.030 Election—Ballots—Qualified electors.
Upon the delivery of said petition the board of directors of
said irrigation district shall, at their next succeeding regular
monthly meeting, order an election, the date of which
election shall be within twenty days from the date of said
meeting of the board of directors and which election shall be
[Title 87 RCW—page 68]
conducted as other elections of irrigation districts are
conducted. At said election the qualified electors of said
irrigation district shall cast ballots which shall contain the
words "Disorganize, Yes," or "Disorganize, No." No person
shall be entitled to vote at any election held under the provisions of RCW 87.52.010 through 87.52.060 unless he is a
qualified voter under the election laws of the state, and holds
title or evidence of title to land in said district. [1897 c 79
§ 3; RRS § 7528. FORMER PART OF SECTION: 1939
c 149 § 3, part; RRS § 7527-3, part, now codified in RCW
87.52.090.]
Irrigation district elections: RCW 87.03.030 through 87.03.110.
Voter registration: Chapter 29.07 RCW.
87.52.040 Vote required—Petition to court—Notice
and publication of hearing—Court order. If three-fifths
of the votes cast at any election under the provisions of
RCW 87.52.010 through 87.52.060 shall contain the words
"Disorganize, Yes," then the board of directors shall present
to the superior judge of the county in which said irrigation
district is located an application for an order of said superior
court that such irrigation district be declared disorganized
and dissolved, and that its affairs be liquidated and wound
up, as provided for in RCW 87.52.010 through 87.52.060,
and reciting that at an election of such irrigation district, held
as provided in RCW 87.52.010 through 87.52.060, threefifths of the votes cast contained the words "Disorganize,
Yes," and such petition shall be certified to by the directors
of said district. They shall also file with said superior court
a statement, sworn to by the directors of said irrigation
district, showing all outstanding indebtedness of said
irrigation district, or if there be no such indebtedness, then
the directors shall make oath to that effect. Notice of said
application shall be given by the clerk, which notice shall set
forth the nature of the application, and shall specify the time
and place at which it is to be heard, and shall be published
in a newspaper of the county printed and published nearest
to said irrigation district, once each week for four weeks, or
if no newspaper is published in the county, by publication in
the newspaper nearest thereto in the state. At the time and
place appointed in the notice, or at any other time to which
it may be postponed by the judge, he shall proceed to
consider the application, and if satisfied that the provisions
of RCW 87.52.010 through 87.52.060 have been complied
with he shall enter an order declaring said irrigation district
dissolved and disorganized. [1897 c 79 § 4; RRS § 7529.
Formerly RCW 87.52.040 and 87.52.050. FORMER PART
OF SECTION: 1939 c 149 § 3, part; RRS § 7527-3, part,
now codified in RCW 87.52.090.]
87.52.060 Board of directors as trustees—Duties—
Records to be delivered to clerk. Upon the disorganization
of any irrigation district under the provisions of RCW
87.52.010 through 87.52.060, the board of directors at the
time of the disorganization shall be trustees of the creditors
and of the property holders of said district for the purpose of
collecting and paying all indebtedness of said district, in
which actual construction work has been done, and shall
have the power to sue and be sued. It shall be the duty of
said board of directors, and they shall have the power and
authority, to levy and collect a tax sufficient to pay all such
(2002 Ed.)
Dissolution of Districts Without Bonds
indebtedness, which tax shall be levied and collected in the
manner prescribed by law for the levying and collection of
taxes of irrigation districts. Any balance of moneys of said
district remaining over after all outstanding indebtedness and
the cost of the proceedings under RCW 87.52.010 through
87.52.060 have been paid shall be divided and refunded to
the assessment payers in said irrigation district, to each in
proportion to the amount contributed by him to the total
amount of assessments collected by said district. Said board
of directors shall report to the court from time to time as the
court may direct, and upon a showing to the court that all
indebtedness has been paid, an order shall be entered
discharging said board of directors. Upon the entry of such
order said board of directors and all the officers of said
district shall deliver over to the clerk of said court all books,
papers, records and documents belonging to said district, or
under their control as officers thereof: PROVIDED, That
nothing herein contained shall be construed to validate or
authorize the payment of any indebtedness of said district
exceeding the legal limitation of indebtedness specified by
law for irrigation districts; or any indebtedness contracted by
such irrigation district or its officers without lawful authority.
[1897 c 79 § 5; RRS § 7530.]
Assessments, levy and collection of taxes: RCW 87.03.240 through
87.03.305.
Powers as to incurring indebtedness: RCW 87.03.475.
1939 ACT
87.52.070 Dissolution when not brought under
irrigation for twenty years. Any irrigation district of the
state of Washington, now existing or hereafter organized,
which has no bonded indebtedness outstanding, and which
has been in existence for more than twenty years without
having secured the irrigation of any of its lands, may be
disorganized and its business and affairs liquidated and
wound up in the manner hereinafter provided. [1939 c 149
§ 1; RRS § 7527-1. Formerly RCW 87.52.020, part.]
87.52.080 Petition. A petition signed by twenty-five
or more holders of title or evidence of title to lands within
said district who shall be qualified electors, reciting the fact
that said district has no bonded indebtedness, has been in
existence for more than twenty years, and has secured no
irrigation for any of its lands, and praying that said district
be disorganized under the provisions of RCW 87.52.070
through 87.52.090, shall be delivered to the secretary of the
board of directors of said district or to one of the directors
thereof. [1939 c 149 § 2; RRS § 7527-2. Formerly RCW
87.52.020, part.]
87.52.090 Election—Procedure when three-fifths
vote for disorganization. Upon the delivery of said
petition, as aforesaid, the board of directors of said district,
the secretary thereof, and all other officials provided by law,
shall call, notice, conduct and canvass an election, and if
three-fifths of the votes cast at said election are in favor of
the disorganization of the district, shall proceed with the
disorganization of the district, all in the manner, with the
same powers and with the same force and effect and in
accordance with RCW 87.52.030 through 87.52.060. [1939
(2002 Ed.)
87.52.060
c 149 § 3; RRS § 7527-3. Formerly RCW 87.52.030, part
and 87.52.040, part.]
87.52.150 Disposal of real property—Right of
adjacent owners. See RCW 87.03.820.
Chapter 87.53
DISSOLUTION OF DISTRICTS WITH BONDS
Sections
87.53.001
87.53.010
87.53.020
87.53.030
87.53.040
87.53.050
87.53.060
87.53.070
87.53.080
87.53.090
87.53.100
87.53.110
87.53.120
87.53.130
87.53.140
87.53.150
87.53.200
Dissolution
Actions subject to review by boundary review board.
Dissolution authorized—Consent of bondholders recorded.
Bondholders’ consent necessary—Offer to buy district property.
Petition for dissolution.
Election to be called.
Manner of calling, noticing, conducting election—Ballot—
Qualification of electors.
Election returns, effect—Records to auditor.
Transcript of proceedings—Financial statement.
Proceedings docketed in court—Notice to file claims—
Claims barred, when.
Determination of claims—Court order—Appeal.
Trustee—Appointment—Compensation—Bond.
Sale of district assets.
Report of sale—Rights of purchasers.
Order of dissolution—Effect.
Assessments for unpaid obligations.
State’s consent to dissolution.
Disposal of real property—Right of adjacent owners.
of inactive special purpose districts: Chapter 36.96 RCW.
87.53.001 Actions subject to review by boundary
review board. Actions taken under chapter 87.53 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 68.]
87.53.010 Dissolution authorized—Consent of
bondholders recorded. An irrigation district may be
dissolved and its affairs liquidated as herein prescribed. If
there are outstanding bonds of the district the acknowledged
uniform consent in writing of at least two-thirds in amount
of the holders of the bonds must be recorded in the office of
the auditor of the county in which the district board has its
office. [1951 c 237 § 1. Prior: 1899 c 102 §§ 1, 2; RRS
§§ 7531, 7532.]
Reviser’s note: For prior laws on this subject see 1899 c 102; RRS
§§ 7531-7543.
87.53.020 Bondholders’ consent necessary—Offer
to buy district property. The acknowledged uniform
written consent of one hundred percent of the holders of
bonds may provide for cancellation of part of the bonds and
for the manner and terms of payment of the balance. The
bondholders may also make a firm offer for all property and
rights of the district, except property in the district sold for
taxes and district assessments, to be paid for by turning over
for cancellation an appropriate amount in bonds with accrued
interest. [1951 c 237 § 2.]
87.53.030 Petition for dissolution. At least one-third
of the electors of the district shall sign and file with the
auditor a petition, reciting the substance of the uniform text
[Title 87 RCW—page 69]
87.53.030
Title 87 RCW: Irrigation
of the bondholders’ consent, that the consent has been filed,
and praying that the district be dissolved and its affairs
liquidated. [1951 c 237 § 3. Prior: 1899 c 102 § 3; RRS
§ 7533.]
them on or before a day specified therein, and shall be
published once a week for at least six weeks in a newspaper
of general circulation in the county. Any claim not so filed
shall be barred. [1985 c 469 § 91; 1951 c 237 § 8. Prior:
1899 c 102 § 8; RRS § 7538.]
87.53.040 Election to be called. The board of
commissioners of the county shall at their present or next
regular meeting, call an election to submit to the electors of
the district the question of whether the district shall be so
dissolved. They shall direct the auditor to give notice of the
election and shall appoint the election officials. [1951 c 237
§ 4. Prior: 1899 c 102 § 5; RRS § 7535.]
Official paper for publication: RCW 87.03.020.
87.53.050 Manner of calling, noticing, conducting
election—Ballot—Qualification of electors. The election
shall be called upon the same notice and conducted in like
manner as other elections of the district: PROVIDED, That
when the bondholder’s consent to dissolution provides for an
adjustment of the bonded debt and/or the terms and method
of its payment the notice of election shall recite the substance thereof.
The ballot shall contain the words "For dissolution, Yes"
and "For dissolution, No." No person not a qualified elector
under the general election laws and a freeholder of the
district shall be deemed a qualified elector under this
chapter. [1951 c 237 § 5. Prior: 1899 c 102 § 4; RRS §
7534.]
District elections: RCW 87.03.030 through 87.03.110.
Qualification of voters: RCW 87.03.045.
87.53.060 Election returns, effect—Records to
auditor. The election officials shall file with the auditor the
returns within ten days of the election, and at their next
meeting the commissioners shall canvass the returns, and if
a majority of the votes cast favor dissolution, the commissioners shall declare the election carried. All records of the
district shall, upon demand, be delivered to the auditor.
[1951 c 237 § 6. Prior: 1899 c 102 § 6; RRS § 7536.]
87.53.070 Transcript of proceedings—Financial
statement. The auditor shall deliver to the county clerk a
certified copy of the transcript of the proceedings of the
commissioners on the matter together with a statement of the
district’s cash assets, segregated as to the bond fund and the
total of all other funds, and a statement of the debts of the
district as they appear on the records, taking into account
any reduction in bond debt offered by the bondholders in
their consent to dissolution; also a general inventory of the
district property segregated only as to main classes, together
with any offer for same submitted in the bondholders’
consent to dissolution. [1951 c 237 § 7. Prior: 1899 c 102
§ 7; RRS § 7537.]
87.53.080 Proceedings docketed in court—Notice to
file claims—Claims barred, when. The clerk shall docket
the proceedings entitled "In the matter of the dissolution of
. . . . . . irrigation district," and the court shall direct the
clerk to give notice thereof. The notice shall contain a
general statement of the nature of the proceedings, and
notify all persons having claims against the district to present
[Title 87 RCW—page 70]
87.53.090 Determination of claims—Court order—
Appeal. If the court finds that the provisions of this chapter
have been complied with, it shall then determine the validity
and amount of the claims so filed. No claim barred by the
statute of limitations shall be allowed. It shall separately determine the validity and amount of outstanding bonds with
accrued interest, making allowances for any offer of adjustments contained in the bondholders’ consent to dissolution,
and shall order that all cash in the district’s bond fund
together with the proceeds from a sale of all the property
and rights of the district shall be first applied to the redemption of outstanding bonds with interest; that other cash funds
of the district be applied on payment of valid unsecured
claims, and the remainder on the redemption of any balance
of outstanding bonds with interest. The court shall further
order that in the event the district’s cash funds together with
proceeds from the sale of district property and rights shall
prove insufficient to discharge all valid obligations of the
district, one or more annual assessments shall be made
against the assessable property in the district, as herein
provided, sufficient in amounts to discharge all valid debt.
The district or any person affected by the judgment may
appeal therefrom within ten days of the entry of judgment.
[1951 c 237 § 9. Prior: 1899 c 102 § 9; RRS § 7539.]
87.53.100 Trustee—Appointment—Compensation—
Bond. Upon the entry of final judgment, the court shall
issue an order appointing a trustee for the district and shall
deliver to him a certified copy of the order. The court shall
fix the compensation of the trustee and the amount of his
bond to be obtained at the cost of the district. [1951 c 237
§ 10. Prior: 1899 c 102 § 10, part; RRS § 7540, part.]
87.53.110 Sale of district assets. The trustee shall
give notice that all the property and rights of the district,
except property in the district sold for taxes or district
assessments, will be sold pursuant to order of the court. The
notice shall be given in the same manner and for the same
time as for sale of real property on execution, except that it
need not be posted.
The sale shall be made at public auction at the front
door of the courthouse and may be adjourned from time to
time not exceeding three weeks in all, by public announcement at the time and place of the sale.
Any claim established by the previous judgment of the
court or any securities of the district may be accepted at face
value on the purchase price: PROVIDED, That any offer
made in the bondholders’ written consent to dissolution shall
be considered a bid and shall be accepted in the absence of
a better offer. No bid shall be considered nor shall any sale
be made for less than all the property and rights of the
district. The trustee shall forthwith disburse the cash funds
of the district in accordance with the order of the court.
(2002 Ed.)
Dissolution of Districts With Bonds
[1951 c 237 § 11. Prior: 1899 c 102 § 10, part; RRS §
7540, part.]
87.53.110
ments of the indebtedness as he deems best for the state.
[1988 c 127 § 62; 1951 c 237 § 15.]
Executions: Chapter 6.17 RCW.
87.53.120 Report of sale—Rights of purchasers.
The trustee shall file with the clerk a report of the disposition made of the cash funds and of the sale and if the court
finds the sale was fairly conducted, it shall enter an order
confirming the sale, and the trustee shall execute and deliver
to the purchaser an instrument conveying to him all property
and rights of the district, free from all claims of the district
or its creditors, which shall entitle the purchaser to immediate possession. [1951 c 237 § 12. Prior: 1899 c 102 § 11;
RRS § 7541.]
87.53.130 Order of dissolution—Effect. Upon
verification of the disposition of the cash funds and confirmation of the sale the court shall enter an order dissolving
the district and discharging the trustee, and a certified copy
of the order shall be recorded in the office of the auditor.
Thereupon the district shall cease to exist, except for the
purpose of collecting its indebtedness. All records of the
proceedings shall be delivered to the auditor. [1951 c 237
§ 13. Prior: 1899 c 102 § 13; RRS § 7543.]
87.53.140 Assessments for unpaid obligations. Upon
the dissolution of the district the county commissioners shall
determine from the records the remaining bond and other
indebtedness of the district, and shall determine the proper
number of annual assessments, not over five, necessary to
discharge the debt. They shall cause the county assessor to
prepare the annual assessment roll for the lands in the
district, based upon the acreages shown on the last district
assessment roll. The commissioners shall levy annual
assessments, not exceeding five, upon all property in the
district assessed for the bond fund on the district’s last
assessment roll and according to the ratios of benefits there
shown, sufficient to pay any remaining claims, including
bonds. They shall levy and equalize the assessments, after
the same notice of hearing as are required of district directors on irrigation assessments. The county auditor shall
perform the duties of the secretary of the district and the
county treasurer shall be ex officio treasurer of the district
and shall collect the assessments. In all other respects the
general irrigation district laws shall govern.
Any funds remaining after all assessments have been
collected and all indebtedness and costs liquidated shall be
paid over to the bondholders in cases where they have
accepted a compromise settlement. Otherwise the surplus
shall be distributed as by law provided. [1951 c 237 § 14.
Prior: 1899 c 102 § 12; RRS § 7542.]
General irrigation district laws: Chapter 87.03 RCW.
87.53.150 State’s consent to dissolution. Whenever
any bonds of the district are held in the state reclamation
revolving account, and, in the opinion of the director of
ecology, the district is or will be unable to meet its obligations, and that the state’s investment can be best preserved
by the dissolution of the district the director may give his
consent to dissolution under such stipulations and adjust(2002 Ed.)
87.53.200 Disposal of real property—Right of
adjacent owners. See RCW 87.03.820.
Chapter 87.56
DISSOLUTION OF INSOLVENT DISTRICTS
Sections
87.56.001
87.56.010
87.56.020
87.56.030
87.56.040
87.56.050
87.56.060
87.56.065
87.56.070
87.56.080
87.56.085
87.56.090
87.56.100
87.56.110
87.56.120
87.56.130
87.56.135
87.56.140
87.56.145
87.56.150
87.56.155
87.56.160
87.56.170
87.56.180
87.56.190
87.56.200
87.56.203
87.56.205
87.56.210
87.56.225
87.56.230
87.56.240
87.56.260
87.56.900
87.56.910
Dissolution
Actions subject to review by boundary review board.
When district insolvent—Election to dissolve.
Majority vote—Action for dissolution.
Powers of court.
Service of process.
Complaint—Contents.
Notice of hearing—Publication.
Hearing—Decree—Receiver.
Qualifications, duties, compensation of receiver.
Notice to creditors.
Notice to creditors—Contents.
Unfiled claims barred—Effect of not filing claim of bond
lien.
Unmatured claims—Acceleration.
Collection and disbursement of funds.
Receiver’s report—Plan of liquidation.
Time for hearing receiver’s report to be fixed—Notice.
Time for hearing receiver’s report to be fixed—Contents.
Objections to report.
Objections to report—Fee.
Hearing—Court’s powers and duties.
Decree—Plan of liquidation.
Liquidation—Assessments to pay remaining debts.
Judgment upon stipulation—Payment.
Trustee for creditors—Bond—Duties.
Enforcement of judgment.
Distribution of funds—Court to retain jurisdiction.
Compensation of trustee.
Judgment upon stipulation—Prerequisites.
Judgment upon stipulation—Evidences of indebtedness to be
canceled.
Appellate review.
Final report of receiver—Apportionment of excess assets—
Decree of dissolution.
Decree to be filed in each county.
Disposal of real property—Right of adjacent owners.
Chapter alternative method—Saving.
Construction—1925 ex.s. c 124.
of inactive special purpose districts: Chapter 36.96 RCW.
87.56.001 Actions subject to review by boundary
review board. Actions taken under chapter 87.56 RCW
may be subject to potential review by a boundary review
board under chapter 36.93 RCW. [1989 c 84 § 69.]
87.56.010 When district insolvent—Election to
dissolve. In all instances where fifty percent of the acreage
within an irrigation district has been sold to the district on
account of delinquent district assessments, and more than
one year has elapsed since the sale of said property to the
district without redemption by the owners thereof, and the
district is unable to raise sufficient revenue to meet its
obligations when the same become due and payable, such
district shall be deemed insolvent and the district board shall
have authority to call an election in the district to determine
whether the district shall discontinue operation and dissolve:
PROVIDED, That in case there are bonds of the district
[Title 87 RCW—page 71]
87.56.010
Title 87 RCW: Irrigation
outstanding, written consent of the holders of at least fiftyone percent in amount of such outstanding bonds shall be
obtained by the district board before calling said election:
PROVIDED, FURTHER, That if any portion of such
outstanding bonds are owned by the state of Washington the
board of directors of such district shall give written notice to
the director of ecology of the intention of the board of
directors to call such election, and unless the director of
ecology shall sign written objection to the calling of such
election within ten days after the giving of such notice the
state shall be deemed as consenting thereto.
Said election shall be called, shall be conducted and the
results canvassed in the same manner substantially provided
by law for a bond election in the district. [1988 c 127 § 63;
1931 c 60 § 11; 1925 ex.s. c 124 § 1; RRS § 7543-1.]
the district assets and the amount and character of its
obligations and the maturities thereof; shall state that the district desires to discontinue operation and dissolve its corporate existence and shall pray that the court take the necessary
steps to effect such an object. [1925 ex.s. c 124 § 5; RRS
§ 7543-5.]
87.56.060 Notice of hearing—Publication. The court
shall thereupon fix a time and place for a hearing of the
complaint and notice of the hearing shall be published once
a week for two successive weeks in a newspaper of general
circulation in each county in which any lands in the district
are located. [1985 c 469 § 92; 1925 ex.s. c 124 § 6; RRS
§ 7543-6. FORMER PART OF SECTION: 1925 ex.s. c
124 § 7; RRS § 7543-7, now codified as RCW 87.56.065.]
Bonds, election for: RCW 87.03.200.
87.56.020 Majority vote—Action for dissolution. If
a majority of the votes cast at said election is in favor of
dissolution of the district, the district board shall institute an
action in the superior court of the county in which the office
of the board is located to determine the indebtedness of the
district and to adopt a plan of appropriating the available
resources of the district to the satisfaction of such indebtedness as in this chapter provided. [1925 ex.s. c 124 § 2; RRS
§ 7543-2.]
87.56.030 Powers of court. The superior court in the
exercise of its jurisdiction in matters of this kind shall have
full authority to determine the indebtedness of the district
and to determine the status and priorities thereof in accordance with the laws of the state relating to irrigation districts, shall have power to apportion the obligation of such
indebtedness against the district and the several lands
included therein; the court may award process and cause to
come before it all persons whom it may deem necessary to
examine and have and cause to be issued all such writs as
may be proper or necessary, and do all things proper or
incidental to the exercise of such jurisdiction. [1925 ex.s. c
124 § 3; RRS § 7543-3.]
87.56.040 Service of process. Such action shall be
one in rem and personal service of process shall not be
required to be made on any interested person: PROVIDED,
That the court shall be authorized in proper instances to
order issuance and personal service of process specifying
such time for appearance as the court shall require, AND
PROVIDED FURTHER, That any owner of land within the
district or any creditor of the district or their respective
attorneys may file with the receiver provided for in this
chapter, a written request that his name and address be
placed on the receiver’s mailing list and thereafter the
receiver shall mail to such person at his given address at
least ten days’ written notice of all subsequent hearings
before the court. Personal service of said notice may be
made in any instance in lieu of mailing at the option of the
receiver. [1925 ex.s. c 124 § 4; RRS § 7543-4.]
87.56.050 Complaint—Contents. The complaint in
said action shall recite the holding of the election and the
result thereof and shall give in general terms a summary of
[Title 87 RCW—page 72]
87.56.065 Hearing—Decree—Receiver. At the time
and place fixed in said notice the court shall hear the
objections of interested persons and shall determine whether
the district is insolvent within the provisions of this chapter
and whether the district shall be dissolved. If the court concludes that the district shall not dissolve, he shall so find and
dismiss the action. If the court concludes that the district
should be dissolved, he shall appoint a receiver with bond
conditioned for faithful performance of his duties in such
sum as the court shall determine, to take charge of the
district assets and to perform such other duties as may be
required by the court. [1925 ex.s. c 124 § 7; RRS § 7543-7.
Formerly RCW 87.56.060, part.]
87.56.070 Qualifications, duties, compensation of
receiver. The person appointed by the court as receiver
shall not be financially interested in the affairs of the district
and shall receive such compensation for his services as the
court shall fix. The receiver, upon qualifying, shall under
the direction of the court, have authority to maintain and
operate the district irrigation system during the period of
liquidation, to make all necessary contracts for and in behalf
of the district, to sue and be sued in his official capacity, and
shall upon written consent of any creditor, have full authority
to represent said creditor and shall have power to hire such
assistance as the court shall direct. Said receiver shall have
authority upon order of the court and upon such notice as the
court shall fix to issue receiver’s certificates which shall
constitute a first lien upon the property of the district, and
said receiver shall have full authority to execute all necessary instruments of conveyance and do all things necessary
and expedient for the carrying out of this chapter. [1925
ex.s. c 124 § 8; RRS § 7543-8.]
87.56.080 Notice to creditors. The receiver immediately after his appointment or within such further time as the
court shall fix, shall cause to be published in some newspaper of general circulation in the county where the dissolution
proceedings are pending, notice to creditors of the district
once a week for two successive weeks. [1985 c 469 § 93;
1925 ex.s. c 124 § 9; RRS § 7543-9. FORMER PART OF
SECTION: 1925 ex.s. c 124 § 10; RRS § 7543-10, now
codified as RCW 87.56.085.]
(2002 Ed.)
Dissolution of Insolvent Districts
87.56.085 Notice to creditors—Contents. The notice
shall contain the caption of the dissolution proceedings, shall
state that proceedings to dissolve the . . . . . . district,
(naming it) have been instituted in the above entitled action,
that the undersigned has been appointed as receiver of the
district in such action, and has qualified as such officer; that
all creditors of the district are required within a period of
ninety days from the date of the first publication of said
notice (specifying the date) to serve a statement of their
claim of indebtedness against the district on the undersigned
receiver at his office address below stated and file the same
with proof of such service with the clerk of the above
entitled court, or the same will be forever barred, and proof
by affidavit of the publisher of the publication of such notice
shall be filed with the court. [1925 ex.s. c 124 § 10; RRS
§ 7543-10. Formerly RCW 87.56.080, part.]
Legal publications: Chapter 65.16 RCW.
87.56.090 Unfiled claims barred—Effect of not
filing claim of bond lien. If a statement of claim, except
that involving a bond lien on district property, be not filed
within the time specified in the notice to creditors, said claim
shall be barred and no action shall be commenced or
permitted thereon. Any holder or owner of a bond lien on
district property who fails to file a statement of his claim
with the clerk of the court within the time specified in the
notice to creditors, as in this chapter provided, shall be
limited in the enforcement of his lien against the district to
the district property to which his lien attaches, and shall not
be entitled to the benefits of any judgment of the court, if
any, in the dissolution proceedings authorizing additional
levies of assessments against the lands in the district for the
payment of district obligations remaining unpaid after the
exhaustion of district property. [1925 ex.s. c 124 § 11; RRS
§ 7543-11.]
87.56.100 Unmatured claims—Acceleration. The
owner or holder of a claim of indebtedness against the
district not yet due or matured shall be entitled to serve upon
the receiver and file a statement of his claim with the clerk
of the court, as in the case of due and matured indebtedness,
and the filing of such claim shall constitute an election on
the part of the claimant authorizing the court in its discretion
to accelerate the maturity of said indebtedness to such date
as the court shall determine upon. [1925 ex.s. c 124 § 12;
RRS § 7543-12.]
87.56.110 Collection and disbursement of funds.
All district funds collected or received by the receiver shall
be paid into the county treasurer’s office of the county in
which the action is pending and shall be disbursed by that
office on order of the court, PROVIDED, That no claim of
indebtedness against the district shall be paid by the county
treasurer unless and until the original evidence of indebtedness upon which it is based has been surrendered by the
claimant. [1925 ex.s. c 124 § 13; RRS § 7543-13.]
87.56.120 Receiver’s report—Plan of liquidation.
The receiver within four months after the date of the first
publication of notice to creditors or within such other time
as the court shall fix, shall file a report with the court setting
(2002 Ed.)
87.56.085
forth a detailed list of the district property and its itemized
value according to his best judgment, also a list of the
indebtedness of the district specifying the character, amount
and maturities of the indebtedness. In addition, the report
shall give a description of the lands within the operation of
the district remaining in private ownership, listed according
to separate ownerships together with an estimated value of
designated improvements on each ownership and of the
value of the land and the amount of delinquent taxes, if any,
against the land. The report also shall recommend in general
terms a plan of liquidating the assets of the district and of
appropriating them to the payment of the district indebtedness. [1925 ex.s. c 124 § 14; RRS § 7543-14.]
87.56.130 Time for hearing receiver’s report to be
fixed—Notice. The court thereupon shall fix a time and
place for hearing the receiver’s report, notice of the hearing
shall be published in a newspaper of general circulation in
each county in which lands within the district are situated,
and such other newspapers as the court shall determine once
a week for two successive weeks. A copy of the notice shall
be posted in the office of the board of directors of the
district. [1985 c 469 § 94; 1925 ex.s. c 124 § 15; RRS §
7543-15. FORMER PART OF SECTION: 1925 ex.s. c 124
§ 16; RRS § 7543-16, now codified as RCW 87.56.135.]
87.56.135 Time for hearing receiver’s report to be
fixed—Contents. Said notice shall state in general terms
the purpose of the hearing, shall outline briefly the plan of
liquidation, shall mention the time and place of the hearing
and shall be signed by the receiver and shall give the
receiver’s office address. [1925 ex.s. c 124 § 16; RRS §
7543-16. Formerly RCW 87.56.130, part.]
87.56.140 Objections to report. Any interested
person shall have the right to file with the clerk of the court
and serve upon the receiver at least two days before the time
of the hearing, written objections to the report of the
receiver, specifying the interest of the objector in the
proceedings, the nature of the objection made and the name
and address of the objector or his attorney. [1925 ex.s. c
124 § 17; RRS § 7543-17. FORMER PART OF SECTION:
1925 ex.s. c 124 § 18; RRS § 7543-18, now codified as
RCW 87.56.145.]
87.56.145 Objections to report—Fee. The clerk of
the superior court shall be entitled to a fee of one dollar for
each objector represented in the written objections filed in
his office, and no other fee shall be required of the objectors
by said office. [1925 ex.s. c 124 § 18; RRS § 7543-18.
Formerly RCW 87.56.140, part.]
87.56.150 Hearing—Court’s powers and duties. At
the time and place stated in the notice of the hearing on the
receiver’s report, the court shall consider the objections, if
any, made to the receiver’s report; shall receive such
material evidence as shall be offered for or against said
report, shall have power to approve, modify or disapprove
the same, to correct any errors therein, to order a further or
additional report and to adopt the plan submitted or any
other plan of liquidation, which under the evidence received
[Title 87 RCW—page 73]
87.56.150
Title 87 RCW: Irrigation
may seem proper. The court may continue or adjourn the
hearing for further evidence or for any other substantial
reason. [1925 ex.s. c 124 § 19; RRS § 7543-19. FORMER
PART OF SECTION: 1925 ex.s. c 124 § 20; RRS §
7543-20, now codified as RCW 87.56.155.]
87.56.155 Decree—Plan of liquidation. Upon full
consideration of all the evidence submitted for or against the
report of the receiver, or any modification thereof, the court
shall determine the indebtedness of the district, its several
classes and portions and the status and priority thereof and
shall adopt a plan of liquidation. Said plan shall be fully
outlined in writing by the receiver and included in the decree
of the court determining the matter. [1925 ex.s. c 124 § 20;
RRS § 7543-20. Formerly RCW 87.56.150, part.]
87.56.160 Liquidation—Assessments to pay remaining debts. In the execution of a plan of liquidation, the
court shall have authority to order the sale of any or all of
the district property or the exchange of any of the district
property for any evidence of district indebtedness in accordance with the rights of the district and of all the creditors
concerned, and if upon the exhaustion of the district property
in the payment of the district indebtedness including the
costs of dissolution and receivership proceedings, any district
indebtedness remain undischarged, the court shall have authority to order district assessments against the lands
included within the operation of the district to continue to be
made in accordance with the rights of the persons interested
in the manner provided by law to pay the remaining indebtedness until sufficient revenue has been raised to pay fully
all the obligations of the district. [1925 ex.s. c 124 § 21;
RRS § 7543-21.]
Assessments, levies: RCW 87.03.240 through 87.03.305.
87.56.170 Judgment upon stipulation—Payment.
Upon stipulation of the owners of lands within the district,
and holders of bond liens against said lands, and the district
creditors concerned, the court shall have authority in such
proceedings in lieu of the plan of liquidation set forth in
RCW 87.56.160, to determine the amount of the district
indebtedness remaining after the exhaustion of the district
property and the proportion thereof which each ownership of
land within the district shall be obligated to pay, and
judgment may be rendered in favor of the respective creditors against the several lands concerned. Said judgment may
in the discretion of the court provide that the payment
thereof shall be made by the landowners in one or more
annual installments not to exceed ten in all with annual
interest on all unpaid installments at such rate as the court
shall fix not in excess of the rate to which the respective
creditors may be entitled in their original evidences of
indebtedness. [1925 ex.s. c 124 § 22; RRS § 7543-22.
FORMER PART OF SECTION: 1925 ex.s. c 124 § 27;
RRS § 7543-27, now codified as RCW 87.56.205.]
Prerequisite to judgment upon stipulation: RCW 87.56.205.
87.56.180 Trustee for creditors—Bond—Duties.
The judgment shall also name a trustee to be nominated by
the creditors representing a majority of the indebtedness who
shall give bond conditioned for the faithful performance of
[Title 87 RCW—page 74]
his duties and the strict accounting of all funds received by
him in such amount as the court shall determine, and who
shall have authority to receive payment on account of said
judgment and to satisfy said judgment against the several
lands at the time payment thereon is made by the landowners
in proportion to the amount of said payment. When any
landowner shall make full payment of the amount of the
judgment apportioned against his land, he shall be entitled to
full satisfaction thereof of record. [1925 ex.s. c 124 § 23;
RRS § 7543-23.]
87.56.190 Enforcement of judgment. In case any
landowner fails to pay the judgment against his land or any
installment thereof, when the same shall become due and
payable, said judgment may be enforced by the trustee
named in the decree in the manner provided by law for the
enforcement of judgments in the superior court, and the costs
of execution and sale shall be charged to the defaulting land.
[1925 ex.s. c 124 § 24; RRS § 7543-24.]
Enforcement of judgments: Title 6 RCW.
87.56.200 Distribution of funds—Court to retain
jurisdiction. The trustee named in the decree shall make
distribution of all funds collected on account of said decree
in such manner as the creditors shall agree upon, or in case
of disagreement, then in such manner as the court shall
direct, and jurisdiction of the court in the dissolution
proceedings shall continue until full disbursement of funds
collected on account of said judgment has been made to the
judgment creditors. [1925 ex.s. c 124 § 25; RRS § 754325.]
87.56.203 Compensation of trustee. The trustee
named in the decree shall receive such compensation for his
services as the court shall determine to be paid at such times
as the court shall fix from funds collected on account of said
judgment. [1925 ex.s. c 124 § 26; RRS § 7543-26. Formerly RCW 87.56.220.]
87.56.205
Judgment upon stipulation—
Prerequisites. Before the court shall enter judgment upon
stipulation of the parties as in this chapter provided, the
creditors concerned shall file all evidences of district
indebtedness held by them into the registry of the court to be
held subject to the order of the court. [1925 ex.s. c 124 §
27; RRS § 7543-27. Formerly RCW 87.56.170, part.]
Judgment upon stipulation—Payment: RCW 87.56.170.
87.56.210 Judgment upon stipulation—Evidences of
indebtedness to be canceled. If the judgment rendered by
the court, upon stipulation, be not appealed from as in this
chapter provided and the time for appeal has expired, or
having been appealed from has been finally determined upon
appeal, the court shall upon application of the receiver, order
all evidences of indebtedness filed in the registry of the court
under the provisions relating to judgment upon stipulation to
be delivered to the office of the county treasurer, who shall
have authority and it shall be his duty to cancel the same,
and said evidences of indebtedness shall thereafter cease to
be obligations of the district, and the district thereafter shall
(2002 Ed.)
Dissolution of Insolvent Districts
be discharged of said indebtedness. [1925 ex.s. c 124 § 28;
RRS § 7543-28.]
87.64.020
87.56.225 Appellate review. Any interested person
feeling aggrieved at the judgment of the superior court
dismissing the proceedings or determining the indebtedness
of the district and the status and priority thereof and determining the plan of liquidation, may seek appellate review of
such judgment in the same manner as in other cases in
equity, except that notice of appeal must be both served and
filed within sixty days from the entry thereof. [1988 c 202
§ 89; 1971 c 81 § 174; 1925 ex.s. c 124 § 29; RRS § 754329. Formerly RCW 87.56.250.]
87.64.060
87.64.070
Severability—1988 c 202: See note following RCW 2.24.050.
87.56.230 Final report of receiver—Apportionment
of excess assets—Decree of dissolution. When all district
indebtedness has been discharged as in this chapter provided,
and all expenses of the dissolution proceedings have been
paid, the receiver shall report such fact to the court with a
full account of all assets and moneys received and disbursed.
The court shall examine said report and if found satisfactory
shall approve the same; shall order any funds remaining after
the payment of all indebtedness apportioned to the several
owners of land within the district in accordance with the
ratio of the last assessment roll of the district, and shall enter
a decree dissolving and annulling the district, which shall
thereafter cease to exist as a corporate entity. [1925 ex.s. c
124 § 30; RRS § 7543-30.]
87.56.240 Decree to be filed in each county. A copy
of said decree shall be filed for record forthwith by the
receiver in the office of the county auditor and in the office
of the county assessor, of the counties in which any of the
lands within the district are situated, and said decree shall be
recorded by each of said offices without charge of fee.
[1925 ex.s. c 124 § 31; RRS § 7543-31.]
87.56.260 Disposal of real property—Right of
adjacent owners. See RCW 87.03.820.
87.56.900 Chapter alternative method—Saving.
This chapter is designed to provide an alternative method for
the dissolution of irrigation districts and shall not be deemed
to repeal any other statute or statutes. [1925 ex.s. c 124 §
32; RRS § 7543-32.]
87.56.910 Construction—1925 ex.s. c 124. Nothing
in this chapter contained shall be construed to enlarge,
abridge, modify or otherwise affect the rights, privileges or
obligations of solvent districts, the lands therein or creditors
thereof. [1925 ex.s. c 124 § 33; RRS § 7543-33.]
Chapter 87.64
ADJUSTMENT OF IRRIGATION, DIKING, AND
DRAINAGE DISTRICT INDEBTEDNESS
Sections
87.64.010
(2002 Ed.)
State authorized to adjust indebtedness—When state owns
entire bond issue.
87.64.040
87.56.210
State authorized to adjust indebtedness—When state owns
part of bond issue.
Claim for moneys expended may be settled and compromised.
Cancellation of district’s assessments and taxes.
Powers of district.
87.64.010 State authorized to adjust indebtedness—
When state owns entire bond issue. Whenever the state
shall now or hereafter own, the entire issue of the bonds of
any irrigation, diking or drainage district, and in the judgment of the director of ecology such district is, or will be,
unable to meet its obligations to the state as they mature, and
in the judgment of the director of ecology the investment of
the state can be made more secure by extending, without
refunding, the time of payment of any or all said bonds and
interest payments, or by the exchange of the bonds held by
the state for refunding bonds of such district issued as in the
manner provided by law at the same or a lower rate of interest and/or for a longer term, or by the cancellation of a
portion of the bonds held by the state and/or interest accrued
thereon, and the exchange of the remaining bonds held by
the state for the refunding bonds of the district issued in the
manner provided by law at the same or a lower rate of
interest and/or for the same or a longer term, the director of
ecology shall be and is hereby authorized and empowered to
enter into contract with the district so extending the time of
payment of said bonds and interest payments, without
refunding or to so exchange the bonds held by the state for
such refunding bonds or to cancel a portion of the bonds
held by the state and/or interest accrued thereon, and
exchange the remaining bonds held by the state for such
refunding bonds as in his judgment will be for the best interest of the state. [1983 c 167 § 243; 1941 c 39 § 1; 1929
c 121 § 2; Rem. Supp. 1941 § 7530-41. FORMER PART
OF SECTION: 1941 c 39 § 3, part, last am’ds 1929 c 121
§ 3; Rem. Supp. 1941 § 7530-42, part, now codified in
RCW 87.64.020.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Dissolution: Chapter 87.53 RCW.
Refunding bonds: Chapters 87.19 and 87.22 RCW.
87.64.020 State authorized to adjust indebtedness—
When state owns part of bond issue. Whenever the state
shall, now or hereafter, own a portion of the bonds of any
irrigation, diking or drainage district, and in the judgment of
the director of ecology such district is, or will be, unable to
meet its obligations as they mature, and in the judgment of
the director of ecology the investment of the state can be
made more secure by extending, without refunding, the time
of payment of any or all said bonds and interest payments or
by exchanging the bonds held by the state for the refunding
bonds of the district issued in the manner provided by law
at the same or a lower rate of interest and/or for a longer
term, or by the cancellation of a portion of the bonds held
by the state and/or interest accrued thereon, and the exchange of the remaining bonds held by the state for the
refunding bonds of the district issued in the manner provided
by law at the same or a lower rate of interest and/or for a
longer term, the director of ecology shall be and is hereby
authorized and empowered to enter into contract with the
[Title 87 RCW—page 75]
87.64.020
Title 87 RCW: Irrigation
district so extending the time of payment of said bonds and
interest payments, without refunding, or to so exchange the
bonds held by the state for such refunding bonds or to cancel
a portion of the bonds held by the state and/or interest accrued thereon, and exchange the remaining bonds held by the
state for such refunding bonds as in his judgment will be for
the best interest of the state: PROVIDED, That the owners
of at least ninety percent of all the other bonds of said
district shall make and execute the same arrangement with
the district: AND PROVIDED FURTHER, That when, in
addition to owning a portion of the first issue of bonds of
any such irrigation, diking or drainage district, the state also
owns all the outstanding second issue of bonds of such
district, the director of ecology shall be and he is hereby
authorized and empowered to surrender and cancel said
second issue of bonds held by the state upon whatsoever
terms and conditions he shall deem to the best interest of the
state: AND PROVIDED FURTHER, That whenever the
owners of at least ninety percent of all other bonds of such
district and/or other evidences of indebtedness are willing to
release their existing obligations against said district and to
substitute therefor a contract to pay such existing indebtedness in whole or in part from the proceeds of the sale of
lands owned by the district at the time of such settlement, or
acquired by the district through levies then existing, the
director of ecology shall be and he is hereby authorized and
empowered to cancel the bonds held by the state upon
whatsoever terms that he shall deem most beneficial for the
state, or if deemed beneficial to the state, he may release the
state’s bonds and join with the other holders in the above
mentioned contract for the sale of the district land as
hereinbefore stated: AND PROVIDED FURTHER, That the
director of ecology be and he is hereby authorized to accept
in any settlement made under this chapter, refunding bonds
of any irrigation district that may be issued in accordance
with chapter 87.22 RCW, or any amendment thereto, and he
is hereby authorized, when in his judgment it is to the
interest of the state, to participate in the refunding of bonds
of an irrigation district held under said chapter 87.22 RCW,
or any amendment thereto. [1983 c 167 § 244; 1941 c 39 §
3; 1931 c 43 § 1; 1929 c 121 § 3; Rem. Supp. 1941 § 753042. Formerly RCW 87.64.010, part, 87.64.020, and
87.64.030.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
87.64.040 Claim for moneys expended may be
settled and compromised. Whenever the department of
ecology shall have heretofore entered, or shall hereafter
enter, into a contract with an irrigation, diking or drainage
district and shall have expended moneys under said contract,
and said district shall be indebted to the state for the moneys
so expended, and in the judgment of the director of ecology
said district shall have not received benefits equal to the
amount of said indebtedness, the director of ecology shall be
and is hereby authorized and empowered to settle and
compromise the claim of the state against said district upon
such terms and for such an amount as he shall deem fair and
just to the state and the district. [1988 c 127 § 64; 1941 c
39 § 2; 1929 c 121 § 4; Rem. Supp. 1941 § 7530-43.]
[Title 87 RCW—page 76]
87.64.060 Cancellation of district’s assessments and
taxes. Whenever the director of ecology shall find any
irrigation district is, or will be unable to meet its obligations
and that refunding operations under this chapter are necessary, and that as a part of such refunding operations the
cancellation of assessments and county taxes on the irrigation system and the irrigable lands in such district then
delinquent, is necessary, the board of county commissioners
of the county in which such irrigation district is situated
may, upon request of the director of ecology, cancel any or
all delinquent assessments and county taxes levied upon the
irrigable lands in such district and all county taxes levied
upon the irrigation system of such district, if such board
shall find that such irrigation district is or will be unable to
meet its obligations and such refunding operations are necessary, of which the report of the director of ecology shall
be prima facie evidence. [1988 c 127 § 65; 1929 c 121 § 5;
RRS § 7530-44.]
87.64.070 Powers of district. Any irrigation, diking
or drainage district now or hereafter coming within the
provisions of this chapter shall be and it is hereby authorized
and empowered to enter into contracts, issue evidences of
indebtedness and otherwise carry out on its part the provisions of this chapter. [1941 c 39 § 4; Rem. Supp. 1941 §
7530-45. Formerly RCW 87.64.050.]
Chapter 87.68
DISTRICTS UNDER CONTRACT WITH
UNITED STATES
Sections
87.68.010
87.68.020
87.68.030
87.68.040
87.68.050
87.68.060
Resolution to fix time of paying assessments.
Discount on advance payments.
Meeting of board of equalization—Resolution—Notice.
Assessment rolls, resolution, to county treasurers.
Payment and collection of assessments.
Certain elections—Districts of two hundred thousand
acres—Notice of election.
87.68.070 Deposit of funds in bank of board of control’s choice.
87.68.090 Security for deposits.
87.68.100 Audit of board’s records.
87.68.110 Costs, assessments for—Special funds—Investment of.
87.68.120 Contract for use of canal.
87.68.130 Contract with board to operate works.
87.68.140 Disposal of property authorized—Board may sue and be
sued.
Acquisition, construction and operating funds—Tolls and assessments,
alternative methods of—Liens, foreclosure of—Delinquencies by
tenants: RCW 87.03.445.
Board’s powers and duties generally (contracts with state and United
States): RCW 87.03.140.
Bonds, election for (when contracts with United States): RCW 87.03.200.
Cancellation of assessments due United States—Procedure: RCW
87.03.280.
Certain purposes for which district may be formed: RCW 87.03.010(5).
Indemnity to state on land settlement contracts: Chapter 87.48 RCW.
Levies and assessments (for state or United States): RCW 87.03.260
through 87.03.280.
L.I.D.’s—Contract with state or United States for local improvement work:
RCW 87.03.520.
Payment of bonds and interest (to state and United States): RCW
87.03.215.
Proposed works—Reclamation service may make findings: RCW 87.03.185.
(2002 Ed.)
Districts Under Contract With United States
Rights of federal agencies as to certain district bonds: RCW 87.03.235.
87.68.010 Resolution to fix time of paying assessments. At the option of the board of directors assessments
of irrigation districts in this state under contract with the
United States involving payments thereto for the development and operation of their respective projects shall be
payable on or before December 31st of the year in which the
assessment is levied and upon the resolution of the board of
directors of the district to that effect, adopted and entered at
a regular meeting thereof not later than the second Tuesday
of September of the year in which the levy is made. Such
resolution shall thereafter remain in full force and effect until
revoked by the board. [1941 c 141 § 1; Rem. Supp. 1941 §
7525-13.]
Severability—1941 c 141: "If any section, provision or part of this
act shall be adjudged to be invalid or unconstitutional, such adjudication
shall not affect the validity of the act as a whole or of any section,
provision, or part thereof not adjudged invalid or unconstitutional." [1941
c 141 § 7.]
Construction—1941 c 141: "Nothing in this act contained shall be
held or construed to modify, abridge or extend any other law or provision
thereof relating to irrigation district assessments or the collection thereof
except as herein provided." [1941 c 141 § 6.]
87.68.020 Discount on advance payments. In the
event of the adoption and entering of such resolution by the
board of directors, a person paying all or one-half of the
current district assessment against any tract of land on or
before December 31st of the year in which said assessment
is levied shall be entitled to a discount of ten percent of said
assessment if paid in full and ten percent of one-half of said
assessment if one-half only is paid. In the event one-half of
said assessment is paid on or before December 31st as
aforesaid, the payer of the second half of said assessment
shall be entitled to a discount of ten percent of the amount
of said second half of said assessment if the same is paid on
or before May 31st, next following the December payment.
No discount shall be made for payment of district assessments except as herein specifically provided. [1941 c 141
§ 2; Rem. Supp. 1941 § 7525-14.]
Severability—Construction—1941 c 141: See notes following RCW
87.68.010.
87.68.030 Meeting of board of equalization—
Resolution—Notice. Said board of directors shall adopt and
enter a resolution fixing the day, hour, and place when and
where the board will convene as a board of equalization to
equalize the assessment roll and a copy of the resolution
adopting December 31st as the day on or before which assessments shall be paid, together with a notice signed by the
secretary stating the day, hour, and place of the meeting of
the board of equalization, shall be published for two consecutive weekly issues prior to the day of the convening of the
board of equalization in some newspaper of general circulation in the district to be previously designated by the district
board. [1941 c 141 § 3; Rem. Supp. 1941 § 7525-15.]
Severability—Construction—1941 c 141: See notes following RCW
87.68.010.
87.68.040 Assessment rolls, resolution, to county
treasurers. The officers of said district shall cause said
(2002 Ed.)
Chapter 87.68
assessments to be made, levied and equalized and the assessment roll and any parts thereof to be delivered to the
proper county treasurers on or before December 10th of said
year and upon receipt of a certified copy of said resolution
adopting December 31st as the day on or before which
assessments shall be paid, the county officers charged with
the collection of irrigation district assessments shall be
authorized and it shall be their duty respectively to collect
the same in accordance with the provisions of RCW
87.68.010 through 87.68.050 and of said resolution and to
account for collections in the manner provided by the irrigation district law. [1941 c 141 § 4; Rem. Supp. 1941 § 752516.]
Severability—Construction—1941 c 141: See notes following RCW
87.68.010.
Assessments and levies: RCW 87.03.240 through 87.03.305.
Claims, how paid, etc.: RCW 87.03.440.
87.68.050 Payment and collection of assessments.
Irrigation district assessments levied and becoming payable
under the provisions of RCW 87.68.010 through 87.68.050
shall be payable on and after December 10th next following
the levy and except as in RCW 87.68.010 through 87.68.050
otherwise provided shall become delinquent, shall be
collected by the same officials and lands charged with said
assessments shall be sold when delinquent; all at the same
times in the same manner with the same kind and length of
notice and with the same force, effect, obligations, and
privileges as provided by the irrigation district law generally
for the collection of assessments, and for the sale and
redemption of lands charged with delinquent district assessments. [1941 c 141 § 5; Rem. Supp. 1941 § 7525-17.]
Severability—Construction—1941 c 141: See notes following RCW
87.68.010.
Assessments, sale, redemption: RCW 87.03.240 through 87.03.475.
87.68.060 Certain elections—Districts of two
hundred thousand acres—Notice of election. In any
election called and held in an irrigation district organized
and existing under the laws of this state, comprising two
hundred thousand or more acres of land within its boundaries, for the purpose of voting on any proposed contract
between the district and the United States or any agency
thereof where the proposed contract is to include a provision
in accordance with the fourth proviso in section 1(b) of the
act of congress of May 27, 1937 (50 Stat. 208), the notice of
said election shall state, in addition to the other matters and
things required by law relating to elections in such districts,
that the proposed contract shall include a provision in
accordance with the fourth proviso in section 1(b) of the act
of congress of May 27, 1937 (50 Stat. 208), and shall also
set forth the provisions of section 1(a) and (b) of said federal
act. [1939 c 190 § 1; RRS § 7402-283.]
Qualification of voters: RCW 87.03.045.
87.68.070 Deposit of funds in bank of board of
control’s choice. Funds in the custody of the board of
control of the Sunnyside Division, Yakima Project, or any
similar board created or operated by contract or otherwise
under or pursuant to the federal reclamation laws, or acting
as operating agent for the United States and/or irrigation
[Title 87 RCW—page 77]
87.68.070
Title 87 RCW: Irrigation
districts of this state or of other states, may be deposited on
general deposit in any one or more banks in this state which
such board of control may designate. All such deposits shall
be made in the name of the board and be subject to payment
on demand on the check of any officer or agent fully
authorized and designated by such board. The board of
control of the Sunnyside Division, Yakima Project, referred
to herein, is the board of control created by the respective
contracts entered into by and between the United States of
America and the Sunnyside Valley Irrigation District and
other irrigation districts of the Sunnyside Division of the
Yakima Project, in the state of Washington, under the
provisions of the act of congress of June 17, 1902 (32 Stat.
388), and acts amendatory thereof or supplementary thereto,
all generally referred to as the federal reclamation laws.
[1945 c 163 § 1; Rem. Supp. 1945 § 7525-40. FORMER
PART OF SECTION: 1947 c 265 § 2, part; 1945 c 163 §
7, part; Rem. Supp. 1945 § 7525-46, part, now codified in
RCW 87.68.140. Formerly RCW 87.68.070 and 87.68.080.]
87.68.090 Security for deposits. Upon the designation of any bank by the board of control as in RCW
87.68.070 through 87.68.140 provided, the bank shall furnish
security for any deposits by mortgage, pledge or hypothecation of bank assets or otherwise in such manner as may be
agreed upon between the board of control and the bank, or
in lieu thereof, the bank shall file with the board of control
a surety bond to such board of control, properly executed by
some reliable surety company qualified under the laws of
this state to do business therein, in the maximum amount of
deposits designated by said board to be carried in such bank,
conditioned for the prompt and faithful payment thereof on
checks drawn by the officer or agent fully authorized and
designated by such board. [1945 c 163 § 2; Rem. Supp.
1945 § 7525-41.]
87.68.100 Audit of board’s records. The state
auditor shall audit the books, records and affairs of the board
of control every two years, or at such other times as the
board shall request, and the costs of the audit shall be paid
by said board. [1945 c 163 § 3; Rem. Supp. 1945 § 752542.]
87.68.110 Costs, assessments for—Special funds—
Investment of. Each irrigation district which has or
hereafter may enter into a contract with the United States
providing for the operation and maintenance, by means of a
board of control, of irrigation works used in common with
other districts, shall include in the annual levy of assessments a sufficient amount to pay the annual estimated pro
rata proportion of the costs chargeable to such district and
also such reserve fund as may be fixed by the contract:
PROVIDED, That any district may appropriate moneys from
other funds to pay said costs.
When assessments are paid to the county treasurer for
the board of control fund, they shall be deposited in a special
fund, known as the "Board of Control Fund," and when
assessments are paid to the county treasurer for the board of
control reserve fund they shall be deposited in a special fund
known as the "Board of Control Reserve Fund," and said
funds may be disbursed only upon vouchers approved by a
[Title 87 RCW—page 78]
majority of the voting power of the members of the board of
control, and the county auditor shall issue warrants for the
payments of such claims which shall be payable out of the
funds on which the same are drawn.
Any moneys in the "Board of Control Reserve Fund,"
when so requested by the board of control, shall be invested
by the treasurer of said county and under the direction of
said board of control in U.S. bonds or bonds of the state or
any bonds pronounced by the treasurer of the state as valid
securities for the deposit of public funds. [1951 c 158 § 1;
1947 c 265 § 1; 1945 c 163 § 4; Rem. Supp. 1947 § 752543.]
87.68.120 Contract for use of canal. Any irrigation
district, city, town, or other water user or users whose lands
are irrigated by water carried in works transferred by the
United States to a board of control, are hereby authorized to
enter into contract with another irrigation district whose
lands are irrigated by water carried in the same canal to
operate and maintain the main canal and other works known
as transferred works, and to pay such district in a lump sum
its pro rata proportion of the cost of maintenance and
operation of such transferred works: PROVIDED, That the
amount said pro rata proportion may be estimated and such
estimated amount paid at the beginning of any year, and at
the end of the year the board shall after determining the true
pro rata amount of such user’s cost, require such user to pay
the balance, if any, of said true pro rata amount. [1945 c
163 § 5; Rem. Supp. 1945 § 7525-44.]
87.68.130 Contract with board to operate works.
Any irrigation district, city, town, or other water user or
users whose lands are irrigated by water carried in works
transferred by the United States to a board of control are
hereby authorized to enter into contract with the board of
control for the operation and maintenance of the irrigation
works within the district by the board of control and to pay
such district in a lump sum the cost of maintenance and
operation of such works within the district: PROVIDED,
That the amount of the cost of operation of the works in the
district may be estimated and the estimated amount paid to
the board. At the end of each year the board shall, after
determining the true amount of such costs of operation,
require such district to pay the balance, if any, of such true
amount. [1945 c 163 § 6; Rem. Supp. 1945 § 7525-45.]
87.68.140 Disposal of property authorized—Board
may sue and be sued. Any such board of control shall
have authority to be exercised by a majority of the voting
power of the board to sell at such price and upon such terms
as may be fixed by said board and any real or personal
property owned by the board of control and to authorize the
execution by the president and secretary of said board of a
good and sufficient conveyance therefor, and said board may
sue or be sued in any of the courts of this state without
joining the person, corporation or district for whose benefit
the suit may be prosecuted or defended. [1947 c 265 § 2;
1945 c 163 § 7; Rem. Supp. 1947 § 7525-46. Formerly
RCW 87.68.070, part and 87.68.140.]
Rules of court: Cf. Superior Court Civil Rules.
(2002 Ed.)
Association of Irrigation Districts
Chapter 87.76
ASSOCIATION OF IRRIGATION DISTRICTS
Sections
87.76.010
87.76.020
87.76.030
87.76.040
Coordination of programs—Reports.
Coordinating agency—Expense, how defrayed.
General powers of directors.
Cooperation with other agencies authorized—Financial contributions—Contracts with public and private agencies.
87.76.010 Coordination of programs—Reports. The
directors of the several irrigation districts in the state shall
take such action as they deem necessary to effect coordination of their common programs for the economical and
efficient operation of their districts and the reclamation of
lands therein, and prepare reports annually for such operations. [1947 c 193 § 1; Rem. Supp. 1947 § 7505-10.]
87.76.020 Coordinating agency—Expense, how
defrayed. The directors of such irrigation districts may
designate a statewide association dedicated to the promotion
of irrigated agriculture as a coordinating agency in the
execution of the duties imposed by this chapter, and pay
dues or assessments, or both, to the association from district
expense funds, and the several districts may levy assessments against the lands therein for this purpose. Such dues
and assessments shall be paid only on vouchers approved by
the board of directors of the contributing district in the
manner provided for the approval of district vouchers
generally. The total of such voucher claims for any district
in any calendar year shall not exceed two percent of the total
amount or its equivalent of the expense fund levy of the
district for that year. [1987 c 124 § 1; 1947 c 193 § 2;
Rem. Supp. 1947 § 7505-11.]
Claims, how paid: RCW 87.03.440.
Power as to incurring indebtedness: RCW 87.03.475.
opment and utilization of agricultural water and power
resources and to employ the technical and professional
assistance necessary to survey, plan, investigate, study, print,
and publish information and literature to promote the
development and utilization of such resources and provide
and present data and information to members of congress,
any committee of congress, and to other federal officials as
an aid in securing needed legislation, contracts, and timely
appropriations. [1996 c 214 § 2; 1987 c 124 § 2; 1951 c
202 § 1; 1949 c 41 § 1; Rem. Supp. 1949 § 7505-13.]
Chapter 87.80
JOINT CONTROL OF IRRIGATION DISTRICTS
Sections
87.80.005
87.80.010
87.80.020
87.80.030
87.80.040
87.80.050
87.80.060
87.80.070
87.80.090
87.80.100
87.80.110
87.80.120
87.80.130
87.80.135
87.80.140
87.80.150
87.80.160
87.80.190
87.80.200
87.80.220
87.80.230
87.80.900
87.76.030 General powers of directors. The board
of directors of the several districts may effect the state
organization herein contemplated and take such further and
other action in behalf of their respective districts as they
deem necessary to carry out the intent of this chapter,
including support of and attendance at such meetings as may
be required to promote and perfect the organization and to
effect its purposes. [1947 c 193 § 3; Rem. Supp. 1947 §
7505-12.]
87.76.040 Cooperation with other agencies authorized—Financial contributions—Contracts with public
and private agencies. To avoid duplication of effort the
state association may, in the discretion of its officers,
affiliate and cooperate with other organizations and agencies
engaged in the furthering of reclamation of lands in the state
and make financial contributions to them for such purpose.
In carrying out the powers authorized by this chapter, the
association of irrigation districts is authorized to enter into
contracts with the federal government, the state, irrigation
districts, boards of control, municipal or quasi-municipal
corporations, cooperatives, other public or private agencies,
and associate organizations. The association of irrigation
districts is authorized to advance funds to promote the devel(2002 Ed.)
Chapter 87.76
Definitions.
Board of joint control authorized.
Petition to create board required—Signatures—Filing.
Form and contents of petition—Map.
Petition filed if regular in form—Hearing set.
Notice of hearing.
Form and contents of notice.
Conduct and scope of hearing—Independent investigation
authorized.
Creation of board of joint control—Resolution filed.
Principal office, oaths, terms, of board—Representation on
board.
Organization of board—Meetings—Quorum.
Compensation of board members and employees.
Powers of board of joint control—Limitation.
Board’s limitations.
Annual budget of board—Hearing—Notice.
Hearing and adoption of budget.
Entity’s levy to include budget apportionment.
Control fund created—Deposits and remittances.
Payments from control fund.
Agencies under contract with federal government—Ability
to participate in board.
Board created among entities using Yakima river and tributaries—Coordination with federal and state programs.
Effect of chapter on general water rights adjudications.
87.80.005 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Area of jurisdiction" means all lands within the
exterior boundary of the composite area served by the
irrigation entities that comprise the board of joint control as
the boundary is represented on the map filed under RCW
87.80.030.
(2) "Irrigation entity" means an irrigation district or an
operating entity for a division within a federal reclamation
project.
(3) "Joint use facilities" means those works, including
reservoirs, canals, hydroelectric facilities, pumping stations,
drainage works, reserved works as may be transferred by
contracts with the United States, and system interties that are
determined by the board of joint control to provide common
benefit to its members.
(4) "Ownership interest" means the irrigation entity
holds water rights in its name for the benefit of its water
users or, in federal reclamation projects, the irrigation entity
has a contractual responsibility for delivery of water to its
individual water users.
[Title 87 RCW—page 79]
87.80.005
Title 87 RCW: Irrigation
(5) "Source of water" means a hydrological distinct river
or aquifer system from which board of joint control member
entities appropriate water. [1996 c 320 § 2.]
87.80.010 Board of joint control authorized. A
board of joint control may be created as provided in this
chapter to administer: (1) The construction, operation,
maintenance, betterments, and regulations of the joint use
facilities, including reservoirs, canals, hydroelectric facilities
within the works of the irrigation water supply system,
pumping stations, drainage works, reserved works, and
system interconnections, of two or more irrigation entities
which are the owners of, have an ownership interest in, or
are trustees for owners of water rights having the same
source or which use common works for the diversion and
either transportation, or drainage, or both, of all or any part
of their respective irrigation water supplies; and (2) activities
and programs that promote more effective and efficient water
management for the benefit of member entities of a board of
joint control. [1996 c 320 § 1; 1949 c 56 § 1; Rem. Supp.
1949 § 7505-20.]
87.80.020 Petition to create board required—
Signatures—Filing. (1) For the purpose of creating a board
of joint control a petition signed by two or more entities that
are owners of or hold an ownership interest in water rights
having the same source of water or use common works for
the diversion, transportation, or drainage of all or any part of
their respective irrigation water supplies, must be filed with
the board of county commissioners of the county in which
the greater part of the land irrigated from the source of water
supply is situated.
(2) The petition shall also be filed with the board of
commissioners of each county containing lands irrigated
from the source of water supply of the entities signing the
petition. The board of county commissioners making the
review under RCW 87.80.090 shall consider any comments
of other boards of county commissioners provided within the
public hearing and comment period on the petition. [1996
c 320 § 3; 1949 c 56 § 2; Rem. Supp. 1949 § 7505-21.]
87.80.030 Form and contents of petition—Map.
The petition for the creation of a board of joint control shall
be addressed to the board of county commissioners, shall
describe generally the relationship, if any, of the irrigation
entities to an established federal reclamation project, the
primary water works of the entities including reservoirs,
main canals, hydroelectric facilities, pumping stations, and
drainage facilities, giving them their local names, if any they
have, and shall show generally the physical relationship of
the lands being watered from the water facilities. However,
lands included in any irrigation entity involved need not be
described individually but shall be included by stating the
name of the irrigation entity and all the irrigable lands in the
irrigation entity named shall by that method be deemed to be
involved unless otherwise specifically stated in the petition.
Further, the petition must propose the formula for board of
joint control apportionment of costs among its members, and
may propose the composition of the board of joint control as
to membership, chair, and voting structure. The petition
shall also state generally the reasons for the creation of a
[Title 87 RCW—page 80]
board of joint control and any other matter the petitioners
deem material, and shall allege that it is in the public interest
and to the benefit of all the owners of the lands receiving
water within the area of jurisdiction, that the board of joint
control be created and request that the board of county
commissioners consider the petition and take the necessary
steps provided by law for the creation of a board of joint
control. The petition shall be accompanied by a map
showing the area of jurisdiction and the general location of
the water supply and distribution facilities. [1996 c 320 § 4;
1949 c 56 § 3; Rem. Supp. 1949 § 7505-22.]
87.80.040 Petition filed if regular in form—Hearing
set. Upon the filing of a petition for the creation of a board
of joint control the board of county commissioners at a
regular meeting or at a special meeting shall examine the
petition and, if found regular in form, shall accept the same
for filing, and shall fix a time and place for hearing said
petition. [1949 c 56 § 4; Rem. Supp. 1949 § 7505-23.]
87.80.050 Notice of hearing. Notice of the hearing
on the petition shall be given by the clerk of the board of
county commissioners by publishing the same, at the cost of
the board of control, if created, otherwise at the cost of the
petitioners, in the official newspaper of each county containing lands irrigated from the source of supply of the entities
signing the petition. The notice shall be published in at least
three weekly issues thereof. However, the time of the
hearing shall not be less than thirty days from the date of the
first publication of the notice. A copy of the notice shall be
posted at the regular meeting place of the board of directors
of each irrigation entity concerned in the granting or denial
of the petition and a copy of the notice shall be mailed to
the department of ecology at Olympia at least thirty days
prior to the day of the hearing. [1996 c 320 § 5; 1988 c 127
§ 66; 1949 c 56 § 5; Rem. Supp. 1949 § 7505-24.]
87.80.060 Form and contents of notice. The notice
of the hearing on the petition shall state that a petition
requesting the creation of a board of joint control to administer the facilities and activities, naming them if named in the
petition, has been filed with the board of county commissioners of the county, naming the county; that the board of
joint control, if it is created, will have authority to provide
for apportionment of costs to carry out the objects of its
creation among the member irrigation entities (naming
them); shall state the day, hour, and place of the hearing on
the petition; shall state that any person interested in the
creation of the board of joint control may appear on or
before the day of hearing on the petition, and show cause in
writing, if any, why the same should not be granted, and the
notice shall be over the name of the clerk of the board of
county commissioners. [1996 c 320 § 6; 1949 c 56 § 6;
Rem. Supp. 1949 § 7505-25.]
87.80.070 Conduct and scope of hearing—
Independent investigation authorized. The board of
county commissioners, at the time and place mentioned in
the notice of hearing or at the time or times to which the
hearing on said petition may be adjourned, shall proceed to
hear the petition and all evidence submitted against and in
(2002 Ed.)
Joint Control of Irrigation Districts
support of the same. The board of county commissioners
shall have full authority to adjourn the hearing from time to
time not exceeding four weeks in all and to grant or reject
the petition, and to determine the matter; any irregularities
or omissions in the allegations of the petition shall not be
held or construed to deprive the board of county commissioners of jurisdiction and authority to consider and determine the matter of any such petition accepted by it for
consideration and said board of county commissioners shall
have full authority to make such independent investigation
of the matter of such petition as it shall deem advisable and
to base its judgment on such independent investigation as
well as upon the evidence submitted for and against the
petition upon a hearing thereon as hereinafter provided.
[1949 c 56 § 7; Rem. Supp. 1949 § 7505-26. Formerly
RCW 87.80.070 and 87.80.080.]
87.80.090 Creation of board of joint control—
Resolution filed. If the board of county commissioners
determine[s] that the creation of a board of joint control is
in the public interest, of benefit to the irrigation entities and
individual water uses within those entities concerned, and
will not be detrimental to water right interests outside the
proposed board of joint control area of jurisdiction: Then
the county board shall so find and adopt a resolution creating
the board of joint control, designating it (name of county)
County Joint Control Board No. (specify number), and the
county board at the same time shall appoint the first members of the board of joint control based on the board composition proposed in the petition and the board of joint control
shall consist of this membership. A copy of the resolution
creating the board of joint control certified by the clerk of
the county board shall be filed with the county assessor of
the county in which the board of joint control was created
and with the county assessor in any other county in the state
in which any lands involved are situated, within five days
after the resolution is adopted. [1996 c 320 § 7; 1949 c 56
§ 8; Rem. Supp. 1949 § 7505-27.]
87.80.100 Principal office, oaths, terms, of board—
Representation on board. The principal office and place
of business of the board of joint control shall be at a place
to be designated by the board in the county in which the
board was created. Each member of the board before
entering on the duties of his or her office shall subscribe a
written oath for the faithful discharge of his or her duties as
a member and file the oath with the county clerk of the
county. The filing of the oath shall be without clerk’s fee.
The term of office of members of the board is for one year
or a fraction thereof ending on the first Monday in March
next following their selection and until their respective
successors are selected as provided in this section. The term
of the first members of the board shall also be as above
stated. In January of each year the board of directors of
each irrigation entity concerned shall designate in writing
and deliver to the board of joint control, the name or names
of the person or persons who constitute the entity’s membership and who shall represent the entity on the board of joint
control for the ensuing year. The persons designated under
this section constitute the board of joint control for the year
and until their respective successors are selected and have
(2002 Ed.)
87.80.070
qualified. Any irrigation entity that fails to designate its
representative and to file the same as provided in this section
is not entitled to representation on the board unless and until
the requirements are complied with. [1996 c 320 § 8; 1949
c 56 § 9; Rem. Supp. 1949 § 7505-28.]
87.80.110 Organization of board—Meetings—
Quorum. In the month of March, or another time as
determined by the board of joint control, in each year the
members of the board of joint control shall meet and
organize as a board for the ensuing year and shall select a
chair from their number and appoint a secretary who may,
but need not, be a member of the board, and who shall keep
a record of their proceedings, and perform other duties as the
board prescribes. Business of the board shall be transacted
at meetings thereof and a majority of the qualified membership of the board constitutes a quorum for the transaction of
business and in all matters requiring action by the board
there shall be a concurrence of at least a majority of the
members present. However, if an alternative voting structure
was proposed in the petition and adopted in the board of
county commissioners’ resolution, this structure will govern
the voting procedures of the board of joint control. All
meetings of the board shall be public. [1996 c 320 § 9;
1949 c 56 § 10; Rem. Supp. 1949 § 7505-29.]
87.80.120 Compensation of board members and
employees. Each member of the board of joint control shall
be compensated for services in accordance with the provisions of RCW 87.03.460. The amount must be fixed by
resolution and entered in the minutes of the proceedings of
the board. The board shall fix the compensation to be paid
the secretary and all other agents and employees of the
board. [1996 c 320 § 10; 1949 c 56 § 11; Rem. Supp. 1949
§ 7505-30.]
87.80.130 Powers of board of joint control—
Limitation. (1) A board of joint control created under the
provisions of this chapter shall have full authority within its
area of jurisdiction to enter into and perform any and all
necessary contracts; to accept grants and loans, including,
but not limited to, those provided under chapters 43.83B and
43.99E RCW, to appoint and employ and discharge the
necessary officers, agents, and employees; to sue and be
sued as a board but without personal liability of the members
thereof in any and all matters in which all the irrigation
entities represented on the board as a whole have a common
interest without making the irrigation entities parties to the
suit; to represent the entities in all matters of common
interest as a whole within the scope of this chapter; and to
do any and all lawful acts required and expedient to carry
out the purposes of this chapter. A board of joint control
may, subject to the same limitations as an irrigation district
operating under chapter 87.03 RCW, acquire any property or
property rights for use within the board’s area of jurisdiction
by power of eminent domain; acquire, purchase, or lease in
its own name all necessary real or personal property or
property rights; and sell, lease, or exchange any surplus real
or personal property or property rights. Any transfers of
water, however, are limited to transfers authorized under
subsection (2) of this section.
[Title 87 RCW—page 81]
87.80.130
Title 87 RCW: Irrigation
(2) A board of joint control is authorized and encouraged to pursue conservation and system efficiency improvements to optimize the use of appropriated waters and to
either redistribute the saved water within its area of jurisdiction, or, transfer the water to others, or both. A redistribution of saved water as an operational practice internal to the
board of joint control’s area of jurisdiction, may be authorized if it can be made without detriment or injury to rights
existing outside of the board of control’s area of jurisdiction,
including instream flow water rights established under state
or federal law. Prior to undertaking a water conservation or
system efficiency improvement project which will result in
a redistribution of saved water, the board of joint control
must consult with the department of ecology and if the
board’s jurisdiction is within a United States reclamation
project the board must obtain the approval of the bureau of
reclamation. The purpose of such consultation is to assure
that the proposal will not impair the rights of other water
holders or bureau of reclamation contract water users. A
board of control does not have the power to authorize a
change of any water right that would change the point or
points of diversion, purpose of use, or place of use outside
the board’s area of jurisdiction, without the approval of the
department of ecology pursuant to RCW 90.03.380 and if the
board’s jurisdiction is within a United States reclamation
project, the approval of the bureau of reclamation.
(3) A board of joint control is authorized to design,
construct, and operate either drainage projects, or water
quality enhancement projects, or both.
(4) Where the board of joint control area of jurisdiction
is totally within a federal reclamation project, the board is
authorized to accept operational responsibility for federal
reserved works.
(5) Nothing contained in this chapter gives a board of
joint control the authority to abridge the existing rights,
responsibilities, and authorities of an individual irrigation
entity or others within the area of jurisdiction; nor in a case
where the board of joint control consists of representatives
of two or more divisions of a federal reclamation project
shall the board of joint control abridge any powers of an
existing board of control created through federal contract;
nor shall a board of joint control have any authority to
abridge or modify a water right benefiting lands within its
area of jurisdiction without consent of the party holding the
ownership interest in the water right.
(6) A board of joint control created under this chapter
may not use any authority granted to it by this chapter or by
RCW 90.03.380 to authorize a transfer of or change in a
water right or to authorize a redistribution of saved water before July 1, 1997. [1998 c 84 § 2; 1996 c 320 § 11; 1949
c 56 § 12; Rem. Supp. 1949 § 7505-31.]
87.80.140 Annual budget of board—Hearing—
Notice. In September of each year the board of joint control
shall prepare a budget of its estimated expenses and outlay
for the ensuing calendar year and the apportionment thereof
chargeable against the several irrigation entities coming
within the jurisdiction of the board and shall fix a time and
place when the budget shall be considered and adopted by
the board. Notice of the hearing of the budget signed by the
secretary of the board shall be published in at least two
weekly issues of a newspaper of general circulation in each
county in which any lands chargeable with the expense and
outlay of the board are situated. The date of the first
publication of the notice shall be not less than ten days prior
to the day of the hearing. [1996 c 320 § 12; 1949 c 56 §
13; Rem. Supp. 1949 § 7505-32.]
87.80.135 Board’s limitations. A board of joint
control created under this chapter is limited to the membership, area of jurisdiction, and other terms and conditions
contained in the resolution of the board of county commissioners filed under RCW 87.80.090. Amendments may be
proposed at any time by the board of joint control to the
board of county commissioners and acted upon through the
petition process contained in RCW 87.80.030 through
87.80.090. [1996 c 320 § 16.]
87.80.200 Payments from control fund. When the
county treasurer serves as treasurer for the board of joint
control, the board of joint control shall issue vouchers for its
operations against the control fund and the county treasurer
shall pay out moneys from the fund upon warrants drawn by
the county auditor of said county. [1996 c 320 § 15; 1949
c 56 § 19; Rem. Supp. 1949 § 7505-38.]
[Title 87 RCW—page 82]
87.80.150 Hearing and adoption of budget. At the
time and place stated in said notice the board shall meet and
consider any objections and suggestions as to the items of
said budget which may be offered by any interested person
and may adjourn its meeting from time to time not exceeding ten days in all and shall finally determine the same and
adopt a budget for its operations for the ensuing calendar
year. [1949 c 56 § 14; Rem. Supp. 1949 § 7505-33.]
87.80.160 Entity’s levy to include budget apportionment. Immediately after final adoption of the budget the
secretary of the board shall mail or deliver a copy thereof
showing the apportionment of the charge to each irrigation
entity, to the secretary of each irrigation entity coming under
the jurisdiction of the board of joint control and it shall be
the duty of each irrigation entity to include in its levy for the
ensuing year, the amount apportioned and charged to it in
the budget. [1996 c 320 § 13; 1949 c 56 § 15; Rem. Supp.
1949 § 7505-34.]
87.80.190 Control fund created—Deposits and
remittances. There is created in the county treasurer’s
office of the county in which the board of joint control was
created, a special fund to be designated Control Fund of the
(naming the county) County Joint Control Board No.
(specifying the number). The county treasurer shall distribute all collections for this fund to the control fund. The
treasurer of any other county collecting assessments for this
fund shall remit the assessments monthly to the county
treasurer of the county in which the board of joint control
was created. However, at the option of the board of joint
control, a treasurer other than the county treasurer may be
designated under RCW 87.03.440. [1996 c 320 § 14; 1949
c 56 § 18; Rem. Supp. 1949 § 7505-37.]
87.80.220 Agencies under contract with federal
government—Ability to participate in board. An irriga(2002 Ed.)
Joint Control of Irrigation Districts
tion entity under contract with an agency of the federal government for the construction or operation of its irrigation
system may not participate in a board of joint control under
this chapter if this action is in conflict with provisions of the
subject contract. If a responsible official of the federal
agency notifies the board of county commissioners in writing
on or before the day of hearing provided under RCW
87.80.060 of a conflict in contract provisions and evidences
the conflict, the board of county commissioners must deny
the irrigation entity’s proposed participation. If subsequent
to formation of a board of joint control, a judicial decision
determines a conflict in contract conditions, the irrigation
entity must not participate in a project or activity inconsistent with the court determination. [1996 c 320 § 17.]
87.80.230 Board created among entities using
Yakima river and tributaries—Coordination with federal
and state programs. A board of joint control created
among irrigation entities utilizing waters of the Yakima river
and tributaries shall, when undertaking water conservation
projects, fully coordinate those projects with federal and state
programs adopted under the Yakima river basin water
enhancement project, P.L. 103-434. The projects shall be
developed and implemented, consistent with the board’s
development schedule, within the framework of the Yakima
river basin water enhancement project policies and procedures provided by the state and federal governments, as
funds are available to the board of joint control for the
projects. However, should there be no reasonable prospect
of funding for construction by the federal and state government within three years of the date of the publication of the
Yakima river basin conservation plan under P.L. 103-434,
the board of joint control may pursue the projects under alternative funding programs and conditions. [1996 c 320 §
22.]
87.80.900 Effect of chapter on general water rights
adjudications. This chapter shall not affect the final decree
of a general adjudication conducted under RCW 90.03.110
through 90.03.245. [1996 c 320 § 23.]
Chapter 87.84
IRRIGATION AND REHABILITATION DISTRICTS
Sections
87.84.005
87.84.010
87.84.020
87.84.030
87.84.040
87.84.050
87.84.060
87.84.061
87.84.070
87.84.071
87.84.080
87.84.090
87.84.100
87.84.110
(2002 Ed.)
Purpose—Districts authorized.
Eligibility.
Petition to convert irrigation district to an irrigation and
rehabilitation district, contents—Bond for costs.
Notice and hearing on petition.
Notice and election.
Purposes of organization.
Directors—Powers, rights and authority of directors and
district.
Directors—Additional powers.
Special assessments—Notice and election—Collection.
Special assessments inferior to existing city or town L.I.D.
assessments.
Rules and regulations—Authorized—Publication—Hearing.
Rules and regulations—Violation as misdemeanor—
Jurisdiction—Penalty—Review.
Rules and regulations—Sheriff to enforce.
Corporate powers and authority.
87.84.120
87.80.220
City, town, county, powers not restricted—Title 79 RCW
not modified.
87.84.005 Purpose—Districts authorized. The
growing population of the state of Washington, coupled with
increasing amounts of available leisure time have greatly
expanded the need for and use of the larger lakes in the state
of Washington, both by Washington state residents and
guests from other states and countries. In order to make the
use of such larger lakes safer, and more beneficial to all
concerned, the state of Washington to further the health,
safety, recreation and welfare of its citizens has authorized
the conversion of certain irrigation districts to irrigation and
rehabilitation districts. [1963 c 221 § 1.]
Severability—1963 c 221: "If any section, sentence, clause, or part
of this act is for any reason held to be unconstitutional, such decision shall
not affect the remaining portions of this act. The legislature hereby declares
that it would have passed this act and each section, sentence, clause and part
thereof despite the fact that one or more sections, clauses or parts thereof
be declared unconstitutional." [1963 c 221 § 11.]
87.84.010 Eligibility. Any irrigation district having
the major portion of an inland navigable body of water
within its exterior boundaries and which has filed with the
department of ecology and been granted a water right certificate for fifty thousand acre feet of water or more shall be
eligible to become an irrigation and rehabilitation district as
provided in this chapter. [1988 c 127 § 67; 1963 c 221 § 2;
1961 c 226 § 2.]
Severability—1963 c 221: See note following RCW 87.84.005.
87.84.020 Petition to convert irrigation district to
an irrigation and rehabilitation district, contents—Bond
for costs. A petition to convert an existing irrigation district
to an irrigation and rehabilitation district shall be signed by
at least fifty holders of title or evidence of title to land
within the district. The petition shall contain the following:
(1) The legal description of the property to be served.
(2) The signature and address of each petitioner,
together with the legal description of the lands within the
district owned by each.
(3) Any other matter deemed material.
The petition shall be accompanied by a bond, to be
approved by the board, in double the amount of the probable
cost of organizing the district, and conditioned that the
bondsman will pay all the costs if the organization is not
effected. [1961 c 226 § 3.]
87.84.030 Notice and hearing on petition. A notice
of hearing and a hearing on the petition shall be held as
provided by RCW 87.03.020. [1961 c 226 § 4.]
87.84.040 Notice and election. A notice of election
and election shall be held to determine whether the electors
desire to convert the existing irrigation district to an irrigation and rehabilitation district.
The notice of election and election shall be governed by
the applicable provisions of chapter 87.03 RCW relating to
the original formation of districts. [1961 c 226 § 5.]
87.84.050 Purposes of organization. In addition to
the purposes for which irrigation districts may be organized
[Title 87 RCW—page 83]
87.84.050
Title 87 RCW: Irrigation
under RCW 87.03.010, an irrigation and rehabilitation
district may also be organized or maintained to further the
recreational potential of the area and to further the rehabilitation or improvement of inland lakes and shore lines and the
modification or improvement of existing or planned control
structures located in the district in order to further the health,
recreation, and welfare of the residents in the area. [1963 c
221 § 3; 1961 c 226 § 6.]
Severability—1963 c 221: See note following RCW 87.84.005.
87.84.060 Directors—Powers, rights and authority
of directors and district. The directors of the irrigation and
rehabilitation district shall be the same as of the irrigation
district and the directors shall retain all power, rights and
authority heretofore granted to them or hereafter granted to
them as directors of an irrigation district under any provision
of Title 87 RCW or any amendments thereto or any authority granted to directors of irrigation districts under any other
law of the state of Washington. The irrigation and rehabilitation district shall also retain all power, rights and authority
heretofore or hereafter granted to irrigation districts under
Title 87 RCW or any other law or laws of the state of
Washington, and use said power and authority including
local improvement district provisions to further irrigation and
rehabilitation district purposes and in addition shall have
authority to rehabilitate or improve all or a portion of any
inland body of water including adjacent shore lines located
in the district and shall have the further power of modifying
or improving any existing or planned water control structure
located in the district in order to further the health, recreation, and welfare of the residents in the district.
All rights held by the irrigation district to water located
wholly or partially in the district including but not limited to
rights granted by the department of ecology shall upon
formation of the irrigation and rehabilitation district immediately vest in the irrigation and rehabilitation district and in
addition all water in the newly formed district as to which
the prior district had any rights shall be held by the new
district for all the beneficial uses and purposes for which the
irrigation and rehabilitation district is formed. [1988 c 127
§ 68; 1963 c 221 § 4; 1961 c 226 § 7.]
Severability—1963 c 221: See note following RCW 87.84.005.
87.84.061 Directors—Additional powers. The water
in any natural or impounded lake, wholly or partially within
the boundaries of an irrigation and rehabilitation district,
together with all use of said water and the bottom and shore
lines to the line established by the highest level where water
has been or shall be stored in said lake, shall be regulated,
controlled and used by the irrigation and rehabilitation district in order to further the health, safety, recreation and
welfare of the residents in the district and the citizens and
guests of the state of Washington, subject to rights of the
United States bureau of reclamation and any irrigation
districts organized under the laws of the state of Washington.
In addition to the powers expressly or impliedly
enumerated above, the directors of an irrigation and rehabilitation district shall have the power and authority to:
(1) Control and regulate the use of boats, skiers, skin
divers, aircraft, ice skating, ice boats, swimmers or any other
use of said lake, by means of appropriate rules and regula[Title 87 RCW—page 84]
tions not inconsistent with state fish, game or aeronautics
laws.
(2) Expend district funds for the control of mosquitoes
or other harmful insects which may affect the use of any
lake located in the district: PROVIDED, That the state
department of social and health services gives its approval in
writing to any district program instituted under the authority
of this item. District funds may be expended for mosquito
and insect control or other district projects or activities even
though it may be necessary to place chemicals or carry on
activities on areas located outside of an irrigation and
rehabilitation district’s boundaries. These funds may be
transferred to the jurisdictional health department for the
purpose of carrying out the provisions of this item.
(3) Except for state highways, control, regulate or
prohibit by means of rules and regulations, the building,
construction, placing or allowing to be placed from adjoining
land, sand, gravel, dirt, rock, tires, lumber, logs, bottles,
cans, garbage and trash, or any loathsome, noxious substances or materials of any kind, and any piling, causeways, fill,
roads, culverts, wharfs, bulkheads, buildings, structures,
floats, or markers, in, on or above the line established by the
highest level where water has been or shall be stored in said
lake, located in the district, in order to further the interests
of the citizens of the state of Washington, and residents of
the district.
(4) Except for state highways, control, regulate and
require the placing, maintenance and use of culverts and boat
accesses under and through existing fills constructed over
and/or across any lake located within the district to facilitate
water circulation, navigation and the reduction of flood
danger.
(5) Control the taking of carp or other rough fish
located in the district and including the right to grant or sell
an exclusive or concurrent franchise for the taking of carp or
other rough fish, providing the department of fish and
wildlife give their approval in writing to any district project
regarding the capture, or sale of fish.
(6) Control and regulate by means of rules and regulations the direct or indirect introduction into any lake within
the district of any human, animal or industrial waste products, sewage, effluent or byproducts, treated or untreated:
PROVIDED, That the state department of ecology gives its
approval in writing to any district program instituted under
this section, and nothing herein shall be deemed to amend,
repeal, supersede, or otherwise modify any laws or regulations relating to public health or to the department of
ecology.
(7) Except for state highways, construct, maintain, place,
and/or restore roads, buildings, docks, dams, canals, locks,
mechanical lifts or any other type of transportation facility;
dredge, purchase land, or lease land, or enter into agreements
with other agencies or conduct any other activity within or
without the district boundaries in order to carry out district
projects or activities to further the recreational potential of
the area. [1994 c 264 § 79; 1988 c 127 § 69; 1979 c 141 §
383; 1963 c 221 § 5.]
Severability—1963 c 221: See note following RCW 87.84.005.
87.84.070 Special assessments—Notice and election—Collection. The directors shall be empowered to
(2002 Ed.)
Irrigation and Rehabilitation Districts
specially assess land located in the district for benefits
thereto taking as a basis the last equalized assessment for
county purposes: PROVIDED, That such assessment shall
not exceed twenty-five cents per thousand dollars of assessed
value upon such assessed valuation without securing authorization by vote of the electors of the district at an election
called for that purpose.
The board shall give notice of such an election, for the
time and in the manner and form provided for irrigation
district elections. The manner of conducting and voting at
such an election, opening and closing polls, canvassing the
votes, certifying the returns, and declaring the result shall be
nearly as practicable the same as in irrigation district
elections.
The special assessment provided for herein shall be due
and payable at such times and in such amounts as designated
by the district directors, which designation shall be made to
the county auditor in writing, and the amount so designated
shall be added to the general taxes, and entered upon the
assessment rolls in his office, and collected therewith. [1973
1st ex.s. c 195 § 132; 1961 c 226 § 8.]
Severability—Effective dates and termination dates—
Construction—1973 1st ex.s. c 195: See notes following RCW 84.52.043.
87.84.070
hundred dollar fine or six months in jail: PROVIDED, That
where a violation is designated a misdemeanor, the directors
shall submit such rules and regulations to the county
commissioners of the county or counties in which the district
is located who shall review same and approve or disapprove
thereof. Rules or regulations disapproved by county commissioners within thirty days of submission shall be of no
force or effect. [1987 c 202 § 246; 1963 c 221 § 7.]
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1963 c 221: See note following RCW 87.84.005.
87.84.100 Rules and regulations—Sheriff to enforce.
The sheriff’s department of any county in which an irrigation
and rehabilitation district is located shall enforce the rules
and regulations of the district. [1963 c 221 § 8.]
Severability—1963 c 221: See note following RCW 87.84.005.
87.84.110 Corporate powers and authority. An
irrigation and rehabilitation district shall possess all the usual
powers of a municipal corporation and shall have the
authority to sue and enforce its rules and regulations. [1963
c 221 § 9.]
Severability—1963 c 221: See note following RCW 87.84.005.
87.84.071 Special assessments inferior to existing
city or town L.I.D. assessments. The special assessments
provided for in RCW 87.84.070 shall be subject to and
inferior to existing local improvement district assessments of
any city or town which is included within the boundaries of
an irrigation and rehabilitation district. The collection of
local improvement district assessments of a city or town, and
the right to foreclose the same when delinquent, shall not be
impaired in any manner whatsoever by subsequent special
assessments of an irrigation and rehabilitation district. In the
event that the county treasurer forecloses on land located
within the corporate limits of a city or town for nonpayment
of irrigation and rehabilitation district assessments, the
certificates of sale and the deeds issued pursuant to the foreclosure proceedings shall contain a recital that the certificate
of sale and/or deed is subject to outstanding local improvement district assessments of the city or town. [1965 ex.s. c
6 § 5.]
87.84.120 City, town, county, powers not restricted—Title 79 RCW not modified. The provisions of this
chapter shall not be construed so as to restrict the governing
body of any city, town or county located on or adjacent to
an inland body of water controlled by an irrigation and
rehabilitation district from conducting or carrying out
governmental or proprietary functions of said city, town or
county: PROVIDED, That nothing herein shall be deemed
to amend, repeal, supersede or otherwise modify any
provisions of Title 79 RCW. [1963 c 221 § 10.]
Severability—1963 c 221: See note following RCW 87.84.005.
Severability—1965 ex.s. c 6: See RCW 35.47.900.
87.84.080 Rules and regulations—Authorized—
Publication—Hearing. The directors of an irrigation and
rehabilitation district shall have the authority to pass rules
and regulations to accomplish district purposes. The rules
and regulations shall (except in case of emergency) be
published at least once in a newspaper of general circulation
in the district and a public hearing shall be held prior to
adoption by the directors, at a regular public meeting. [1963
c 221 § 6.]
Severability—1963 c 221: See note following RCW 87.84.005.
87.84.090 Rules and regulations—Violation as
misdemeanor—Jurisdiction—Penalty—Review. The
directors may enact rules and regulations, the violation of
which shall be punishable as a misdemeanor, and the district
judges in said district shall have exclusive jurisdiction over
such offenses. Penalty for violation shall not exceed a five
(2002 Ed.)
[Title 87 RCW—page 85]
Title 88
NAVIGATION AND HARBOR IMPROVEMENTS
Chapters
88.01
88.02
88.04
88.08
88.16
88.24
88.26
88.28
88.32
88.40
88.46
Boating offense compact.
Vessel registration.
Charter boat safety act.
Specific acts prohibited.
Pilotage act.
Wharves and landings.
Private moorage facilities.
Obstructions in navigable waters.
River and harbor improvements.
Transport of petroleum products—Financial
responsibility.
Vessel oil spill prevention and response.
Canal commission: Chapter 47.72 RCW.
Construction projects in state waters: Chapter 77.55 RCW.
Harbor improvements in port districts: Chapter 53.20 RCW.
Harbor line commission: RCW 79.90.070, 79.92.010.
Harbor line commission: State Constitution Art. 15 § 1 (Amendment 15).
Harbors and tide waters: State Constitution Art. 15 § 1 (Amendment 15).
Interference with navigable body, a nuisance: RCW 9.66.010.
Jurisdiction of cities and towns over adjacent waters: RCW 35.21.160.
Lien for transportation, storage, advancements, etc.: Chapter 60.60 RCW.
Lien on vessels and equipment for labor, material, damages, and handling
cargo: Chapter 60.36 RCW.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Marine recreation land act: Chapter 79A.25 RCW.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.90.150.
Port districts: Title 53 RCW.
Powers of cities and towns relative to docks and other appurtenances to
harbors and shipping: RCW 35.22.280, 35.23.440, and 35A.11.020.
Steamboat companies: Chapter 81.84 RCW.
Tidelands, ownership by state: State Constitution Art. 17.
Waterways: Title 91 RCW.
Wood debris—Removal from navigable waters: Chapter 76.42 RCW.
Chapter 88.01
BOATING OFFENSE COMPACT
Sections
88.01.010
Compact provisions.
88.01.010 Compact provisions. The Boating Offense
Compact is enacted into law and entered into on behalf of
this state with all other states legally joining therein in a
form substantially as follows:
ARTICLE I
Findings and Declaration of Policy
(1) The party states find that:
(2002 Ed.)
(a) The safety of their waters is materially affected by
the degree of compliance with state laws and local ordinances relating to the operation of boats;
(b) Violation of such a law or ordinance is evidence that
the violator engages in conduct which is likely to endanger
the safety of persons and property;
(2) It is the policy of each of the party states to promote
compliance with the laws, ordinances, and administrative
rules and regulations relating to the operation of boats by
their operators in each of the jurisdictions where such
operators operate boats.
ARTICLE II
Definition
As used in this compact, "state" means a state that has
entered into this compact.
ARTICLE III
Concurrent Jurisdiction
(1) If conduct is prohibited by two adjoining party
states, courts and law enforcement officers in either state
who have jurisdiction over boating offenses committed
where waters form a common interstate boundary have
concurrent jurisdiction to arrest, prosecute, and try offenders
for the prohibited conduct committed anywhere on the
boundary water between the two states.
(2) This compact does not authorize:
(a) Prosecution of any person for conduct that is
unlawful in the state where it was committed, but lawful in
the other party state;
(b) A prohibited conduct by the party state.
ARTICLE IV
Entry Into Force and Withdrawal
(1) This compact shall enter into force and become
effective as to any state when it has enacted the same into
law.
(2) Any party state may withdraw from this compact by
enacting a statute repealing the same.
ARTICLE V
Construction and Severability
This compact shall be liberally construed so as to
effectuate the purposes thereof. The provisions of this
compact shall be severable and if any phrase, clause,
sentence, or provision of this compact is declared to be
contrary to the constitution of any party state or of the
United States or the applicability thereof to any government,
agency, person, or circumstance is held invalid, the validity
of the remainder of this compact and the applicability thereof
to any government, agency, person, or circumstance shall not
be affected thereby. If this compact shall be held contrary
to the constitution of any state party thereto, the compact
shall remain in full force and effect as to the remaining
[Title 88 RCW—page 1]
88.01.010
Title 88 RCW: Navigation and Harbor Improvements
states and in full force and effect as to the state affected as
to all severable matters. [1992 c 33 § 1.]
Chapter 88.02
VESSEL REGISTRATION
(Formerly: Watercraft registration)
Sections
88.02.010
88.02.020
88.02.023
88.02.025
88.02.028
88.02.030
88.02.035
88.02.040
88.02.045
88.02.050
88.02.052
88.02.053
88.02.055
88.02.060
88.02.070
88.02.075
88.02.078
88.02.090
88.02.100
88.02.110
88.02.112
88.02.115
88.02.118
88.02.120
88.02.125
88.02.130
88.02.140
88.02.150
88.02.160
88.02.170
88.02.180
88.02.184
88.02.188
88.02.189
88.02.190
88.02.200
88.02.210
88.02.220
Definitions.
Registration and display of registration number and decal
prerequisite to ownership or operation of vessel—
Exceptions.
Vessel dealer display decals—Use.
Registration of vessels numbered under the federal boat
safety act.
Registration of rented vessels—Dealer’s vessels—Dealer
registration numbers not transferable.
Exceptions from vessel registration—Use of excess document identification fee for boating safety programs—
Rules.
Confidential vessel registration, law enforcement purposes.
Issuance of registrations—Agents—Deposit of fees in general fund—Allocation for boating safety and education
and law enforcement.
Allocation of funds under RCW 88.02.040 to counties—
Deposit to account for boating safety programs.
Application—Registration fee and excise tax—Registration
number and decal—Registration periods—Renewals—
Marine oil refuse dump and holding tank information—
Transfer of registrations.
Voluntary donations in conjunction with registration—
Maritime historic restoration and preservation.
Maritime historic restoration and preservation account.
Refund, collection of erroneous amounts—Penalty for false
statement.
Registration of dealers—Surety bond—Fees.
Certificates of title.
Duplicate certificates—Replacement decals—Surrender of
original certificate or decal.
Vessel dealer business address—Office—Identification of
business.
Inspection of registration—Violation of chapter.
Rule-making authority.
Penalties—Disposition of moneys collected—Enforcement
authority.
Registration certificate required—Penalty.
Additional penalties for unauthorized or personal use of
dealer display decals.
Evasive registration—Penalty.
Title certificate system—Legislative intent—Authority for
rules and procedures to establish system.
Evidence of ownership by vessel dealers—Sales of consigned vessels—Assignment and warranty of certificates
of ownership.
Class A title certificates.
Issuance of class A title certificates—Required evidence.
Issuance of class A title certificates—Limitation.
Class B title certificates.
Class A and class B title certificates to have apparent distinctions—Class B certificate to bear legend.
Application for title certificate—Oath by owner.
Issuance of temporary permits by registered vessel dealers—
Fee.
Denial, suspension, or revocation of vessel dealer registration—Penalties.
Vessel registration or vessel dealer registration suspension—
Noncompliance with support order—Reissuance.
Inspection of vessels.
Department and state immune from suit for administration
of chapter.
Records of the purchase and sale of vessels.
Receipt of cash or negotiable instrument before delivery of
vessel—Trust account.
[Title 88 RCW—page 2]
88.02.230 Exemption from vessel dealer requirements.
88.02.235 Denial of license.
Boat trailer fee: RCW 46.16.670.
Leases: Chapter 62A.2A RCW.
88.02.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Vessel" means every watercraft used or capable of
being used as a means of transportation on the water, other
than a seaplane.
(2) "Owner" means a person who has a lawful right to
possession of a vessel by purchase, exchange, gift, lease,
inheritance, or legal action whether or not the vessel is
subject to a security interest.
(3) "Dealer" means a person, partnership, association, or
corporation engaged in the business of selling vessels at
wholesale or retail in this state.
(4) "Department" means the department of licensing.
[1983 c 7 § 14.]
88.02.020 Registration and display of registration
number and decal prerequisite to ownership or operation
of vessel—Exceptions. Except as provided in this chapter,
no person may own or operate any vessel on the waters of
this state unless the vessel has been registered and displays
a registration number and a valid decal in accordance with
this chapter, except that a vessel which has or is required to
have a valid marine document as a vessel of the United
States is only required to display a valid decal. [1985 c 267
§ 1; 1983 2nd ex.s. c 3 § 47; 1983 c 7 § 15.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
88.02.023 Vessel dealer display decals—Use. Vessel
dealer display decals shall only be used:
(1) To demonstrate vessels held for sale when operated
by a prospective customer holding a dated demonstration
permit, and shall be carried in the vessel at all times it is
being operated by such individual;
(2) On vessels owned or consigned for sale that are in
fact available for sale and being used only for vessel dealer
business purposes by an officer of the corporation, a partner,
a proprietor, or by a bona fide employee of the firm if a card
so identifying any such individual is carried in the vessel at
all times it is so operated. [1987 c 149 § 4.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.025 Registration of vessels numbered under
the federal boat safety act. (1) A vessel numbered in this
state under the federal boat safety act need not register under
chapter 88.02 RCW until the earlier of: (a) One year from
the date this state’s vessel numbering system is approved
under the federal boat safety act; or (b) the expiration date
of the certificate of number issued for the vessel under the
federal boat safety act. At the time of registration under
chapter 88.02 RCW, the amount of excise tax due under
chapter 82.49 RCW shall include amounts which would have
been due under that chapter if the vessel had been registered
at the time otherwise required under chapter 88.02 RCW.
(2002 Ed.)
Vessel Registration
(2) As used in this section, "federal boat safety act"
means the federal boat safety act of 1971 (85 Stat. 213; 46
U.S.C. 1451 et seq.). [1984 c 250 § 3.]
88.02.028 Registration of rented vessels—Dealer’s
vessels—Dealer registration numbers not transferable.
(1) Rented vessels shall be registered separately under RCW
88.02.020 through 88.02.050.
(2) RCW 88.02.020 does not apply to any registered
dealer’s vessels held for sale.
(3) Dealer registration numbers are not transferable.
[1987 c 149 § 5.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.030 Exceptions from vessel registration—Use
of excess document identification fee for boating safety
programs—Rules. (Effective until January 1, 2003.)
Vessel registration is required under this chapter except for
the following:
(1) Military or public vessels of the United States,
except recreational-type public vessels;
(2) Vessels owned by a state or subdivision thereof,
used principally for governmental purposes and clearly
identifiable as such;
(3) Vessels either (a) registered or numbered under the
laws of a country other than the United States; or (b) having
a valid United States customs service cruising license issued
pursuant to 19 C.F.R. Sec. 4.94. On or before the sixty-first
day of use in the state, any vessel in the state under this
subsection shall obtain an identification document from the
department of licensing, its agents, or subagents indicating
when the vessel first came into the state. At the time of any
issuance of an identification document, a twenty-five dollar
identification document fee shall be paid by the vessel owner
to the department of licensing for the cost of providing the
identification document by the department of licensing. Any
moneys remaining from the fee after payment of costs shall
be allocated to counties by the state treasurer for approved
boating safety programs under RCW 88.02.045. The
department of licensing shall adopt rules to implement its
duties under this subsection, including issuing and displaying
the identification document and collecting the twenty-five
dollar fee;
(4) Vessels that have been issued a valid number under
federal law or by an approved issuing authority of the state
of principal operation. However, a vessel that is validly
registered in another state but that is removed to this state
for principal use is subject to registration under this chapter.
The issuing authority for this state shall recognize the
validity of the numbers previously issued for a period of
sixty days after arrival in this state;
(5) Vessels owned by a nonresident if the vessel is
located upon the waters of this state exclusively for repairs,
alteration, or reconstruction, or any testing related to the
repair, alteration, or reconstruction conducted in this state if
an employee of the repair, alteration, or construction facility
is on board the vessel during any testing: PROVIDED, That
any vessel owned by a nonresident is located upon the
waters of this state exclusively for repairs, alteration,
reconstruction, or testing for a period longer than sixty days,
that the nonresident shall file an affidavit with the depart(2002 Ed.)
88.02.025
ment of revenue verifying the vessel is located upon the
waters of this state for repair, alteration, reconstruction, or
testing and shall continue to file such affidavit every sixty
days thereafter, while the vessel is located upon the waters
of this state exclusively for repairs, alteration, reconstruction,
or testing;
(6) Vessels equipped with propulsion machinery of less
than ten horsepower that:
(a) Are owned by the owner of a vessel for which a
valid vessel number has been issued;
(b) Display the number of that numbered vessel followed by the suffix "1" in the manner prescribed by the
department; and
(c) Are used as a tender for direct transportation
between that vessel and the shore and for no other purpose;
(7) Vessels under sixteen feet in overall length which
have no propulsion machinery of any type or which are not
used on waters subject to the jurisdiction of the United
States or on the high seas beyond the territorial seas for
vessels owned in the United States and are powered by
propulsion machinery of ten or less horsepower;
(8) Vessels with no propulsion machinery of any type
for which the primary mode of propulsion is human power;
(9) Vessels primarily engaged in commerce which have
or are required to have a valid marine document as a vessel
of the United States. Commercial vessels which the department of revenue determines have the external appearance of
vessels which would otherwise be required to register under
this chapter, must display decals issued annually by the
department of revenue that indicate the vessel’s exempt
status;
(10) Vessels primarily engaged in commerce which are
owned by a resident of a country other than the United
States; and
(11) On and after January 1, 1998, vessels owned by a
nonresident individual brought into the state for his or her
use or enjoyment while temporarily within the state for not
more than six months in any continuous twelve-month
period, unless the vessel is used in conducting a
nontransitory business activity within the state. However,
the vessel must have been issued a valid number under
federal law or by an approved issuing authority of the state
of principal operation. On or before the sixty-first day of
use in the state, any vessel temporarily in the state under this
subsection shall obtain an identification document from the
department of licensing, its agents, or subagents indicating
when the vessel first came into the state. An identification
document shall be valid for a period of two months. At the
time of any issuance of an identification document, a twentyfive dollar identification document fee shall be paid by the
vessel owner to the department of licensing for the cost of
providing the identification document by the department of
licensing. Any moneys remaining from the fee after
payment of costs shall be allocated to counties by the state
treasurer for approved boating safety programs under RCW
88.02.045. The department of licensing shall adopt rules to
implement its duties under this subsection, including issuing
and displaying the identification document and collecting the
twenty-five dollar fee. [1998 c 198 § 1; 1997 c 83 § 1;
1991 c 339 § 30. Prior: 1989 c 393 § 13; 1989 c 102 § 1;
1985 c 452 § 1; 1984 c 250 § 2; 1983 2nd ex.s. c 3 § 44;
1983 c 7 § 16.]
[Title 88 RCW—page 3]
88.02.030
Title 88 RCW: Navigation and Harbor Improvements
Effective date—1998 c 198: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 27, 1998]." [1998 c 198 § 2.]
Effective date—1985 c 452: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 452 § 2.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Commission to adopt rules: RCW 79A.60.595.
Partial exemption from ad valorem taxes of ships and vessels exempt from
excise tax under RCW 88.02.030(9): RCW 84.36.080.
88.02.030 Exceptions from vessel registration—Use
of excess document identification fee for boating safety
programs—Rules. (Effective January 1, 2003.) Vessel
registration is required under this chapter except for the
following:
(1) Military or public vessels of the United States,
except recreational-type public vessels;
(2) Vessels owned by a state or subdivision thereof,
used principally for governmental purposes and clearly
identifiable as such;
(3) Vessels either (a) registered or numbered under the
laws of a country other than the United States; or (b) having
a valid United States customs service cruising license issued
pursuant to 19 C.F.R. Sec. 4.94. On or before the sixty-first
day of use in the state, any vessel in the state under this
subsection shall obtain an identification document from the
department of licensing, its agents, or subagents indicating
when the vessel first came into the state. At the time of any
issuance of an identification document, a thirty dollar
identification document fee shall be paid by the vessel owner
to the department of licensing for the cost of providing the
identification document by the department of licensing. Five
dollars from each such transaction must be deposited in the
derelict vessel removal account created in RCW 79.100.100.
Any moneys remaining from the fee after the payment of
costs and the deposit to the derelict vessel removal account
shall be allocated to counties by the state treasurer for
approved boating safety programs under RCW 88.02.045.
The department of licensing shall adopt rules to implement
its duties under this subsection, including issuing and displaying the identification document and collecting the thirty
dollar fee;
(4) Vessels that have been issued a valid number under
federal law or by an approved issuing authority of the state
of principal operation. However, a vessel that is validly
registered in another state but that is removed to this state
for principal use is subject to registration under this chapter.
The issuing authority for this state shall recognize the
validity of the numbers previously issued for a period of
sixty days after arrival in this state;
(5) Vessels owned by a nonresident if the vessel is
located upon the waters of this state exclusively for repairs,
alteration, or reconstruction, or any testing related to the
repair, alteration, or reconstruction conducted in this state if
an employee of the repair, alteration, or construction facility
is on board the vessel during any testing. However, any
vessel owned by a nonresident is located upon the waters of
this state exclusively for repairs, alteration, reconstruction, or
testing for a period longer than sixty days, that the nonresi[Title 88 RCW—page 4]
dent shall file an affidavit with the department of revenue
verifying the vessel is located upon the waters of this state
for repair, alteration, reconstruction, or testing and shall
continue to file such affidavit every sixty days thereafter,
while the vessel is located upon the waters of this state
exclusively for repairs, alteration, reconstruction, or testing;
(6) Vessels equipped with propulsion machinery of less
than ten horsepower that:
(a) Are owned by the owner of a vessel for which a
valid vessel number has been issued;
(b) Display the number of that numbered vessel followed by the suffix "1" in the manner prescribed by the
department; and
(c) Are used as a tender for direct transportation
between that vessel and the shore and for no other purpose;
(7) Vessels under sixteen feet in overall length which
have no propulsion machinery of any type or which are not
used on waters subject to the jurisdiction of the United
States or on the high seas beyond the territorial seas for
vessels owned in the United States and are powered by
propulsion machinery of ten or less horsepower;
(8) Vessels with no propulsion machinery of any type
for which the primary mode of propulsion is human power;
(9) Vessels primarily engaged in commerce which have
or are required to have a valid marine document as a vessel
of the United States. Commercial vessels which the department of revenue determines have the external appearance of
vessels which would otherwise be required to register under
this chapter, must display decals issued annually by the
department of revenue that indicate the vessel’s exempt
status;
(10) Vessels primarily engaged in commerce which are
owned by a resident of a country other than the United
States; and
(11) On and after January 1, 1998, vessels owned by a
nonresident individual brought into the state for his or her
use or enjoyment while temporarily within the state for not
more than six months in any continuous twelve-month
period, unless the vessel is used in conducting a
nontransitory business activity within the state. However,
the vessel must have been issued a valid number under
federal law or by an approved issuing authority of the state
of principal operation. On or before the sixty-first day of
use in the state, any vessel temporarily in the state under this
subsection shall obtain an identification document from the
department of licensing, its agents, or subagents indicating
when the vessel first came into the state. An identification
document shall be valid for a period of two months. At the
time of any issuance of an identification document, a twentyfive dollar identification document fee shall be paid by the
vessel owner to the department of licensing for the cost of
providing the identification document by the department of
licensing. Any moneys remaining from the fee after
payment of costs shall be allocated to counties by the state
treasurer for approved boating safety programs under RCW
88.02.045. The department of licensing shall adopt rules to
implement its duties under this subsection, including issuing
and displaying the identification document and collecting the
twenty-five dollar fee. [2002 c 286 § 12; 1998 c 198 § 1;
1997 c 83 § 1; 1991 c 339 § 30. Prior: 1989 c 393 § 13;
1989 c 102 § 1; 1985 c 452 § 1; 1984 c 250 § 2; 1983 2nd
ex.s. c 3 § 44; 1983 c 7 § 16.]
(2002 Ed.)
Vessel Registration
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
Effective date—1998 c 198: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 27, 1998]." [1998 c 198 § 2.]
Effective date—1985 c 452: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1985." [1985 c 452 § 2.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
Commission to adopt rules: RCW 79A.60.595.
Partial exemption from ad valorem taxes of ships and vessels exempt from
excise tax under RCW 88.02.030(9): RCW 84.36.080.
88.02.035 Confidential vessel registration, law
enforcement purposes. (1) The department may issue
confidential vessel registration for law enforcement purposes
only to units of local government and to agencies of the
federal government.
(2) The department shall limit confidential vessel
registrations owned or operated by the state of Washington
or by any officer or employee thereof, to confidential,
investigative, or undercover work of state law enforcement
agencies.
(3) The director may adopt rules governing applications
for and the use of confidential vessel registrations by law
enforcement and other public agencies. [1991 c 339 § 32.]
88.02.040 Issuance of registrations—Agents—
Deposit of fees in general fund—Allocation for boating
safety and education and law enforcement. (Effective
until January 1, 2003.) The department shall provide for
the issuance of vessel registrations and may appoint agents
for collecting fees and issuing registration numbers and
decals. Fees for vessel registrations collected by the director
shall be deposited in the general fund: PROVIDED, That
any amount above one million one hundred thousand dollars
per fiscal year shall be allocated to counties by the state
treasurer for boating safety/education and law enforcement
programs. Eligibility for such allocation shall be contingent
upon approval of the local boating safety program by the
state parks and recreation commission. Fund allocation shall
be based on the numbers of registered vessels by county of
moorage. Each benefiting county shall be responsible for
equitable distribution of such allocation to other jurisdictions
with approved boating safety programs within said county.
Any fees not allocated to counties due to the absence of an
approved boating safety program, shall be allocated to the
commission for awards to local governments to offset law
enforcement and boating safety impacts of boaters recreating
in jurisdictions other than where registered. [1989 c 393 §
12; 1983 c 7 § 17.]
Commission to adopt rules: RCW 79A.60.595.
88.02.040 Issuance of registrations—Agents—
Deposit of fees in general fund—Allocation for boating
safety and education, law enforcement, and derelict vessel
removal and disposal. (Effective January 1, 2003.) The
department shall provide for the issuance of vessel registrations and may appoint agents for collecting fees and issuing
registration numbers and decals. General fees for vessel
(2002 Ed.)
88.02.030
registrations collected by the director shall be deposited in
the general fund: PROVIDED, That any amount above one
million one hundred thousand dollars per fiscal year shall be
allocated to counties by the state treasurer for boating
safety/education and law enforcement programs and the fee
collected specifically for the removal and disposal of derelict
vessels must be deposited in the derelict vessel removal
account created in RCW 79.100.100. Eligibility for boating
safety/education and law enforcement program allocations
shall be contingent upon approval of the local boating safety
program by the state parks and recreation commission. Fund
allocation shall be based on the numbers of registered
vessels by county of moorage. Each benefitting county shall
be responsible for equitable distribution of such allocation to
other jurisdictions with approved boating safety programs
within said county. Any fees not allocated to counties due
to the absence of an approved boating safety program, shall
be allocated to the commission for awards to local governments to offset law enforcement and boating safety impacts
of boaters recreating in jurisdictions other than where
registered. [2002 c 286 § 14; 1989 c 393 § 12; 1983 c 7 §
17.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
Commission to adopt rules: RCW 79A.60.595.
88.02.045 Allocation of funds under RCW 88.02.040
to counties—Deposit to account for boating safety
programs. Jurisdictions receiving funds under RCW
88.02.040 shall deposit such funds into an account dedicated
solely for supporting the jurisdiction’s boating safety
programs. These funds shall not supplant existing local
funds used for boating safety programs. [1993 c 244 § 40.]
Intent—1993 c 244: See note following RCW 79A.60.010.
88.02.050 Application—Registration fee and excise
tax—Registration number and decal—Registration
periods—Renewals—Marine oil refuse dump and holding
tank information—Transfer of registrations. (Effective
until January 1, 2003.) Application for a vessel registration
shall be made to the department or its authorized agent in
the manner and upon forms prescribed by the department.
The application shall state the name and address of each
owner of the vessel and such other information as may be
required by the department, shall be signed by at least one
owner, and shall be accompanied by a vessel registration fee
of ten dollars and fifty cents per year and the excise tax
imposed under chapter 82.49 RCW. Any fees required for
licensing agents under RCW 46.01.140 shall be in addition
to the ten dollar and fifty cent annual registration fee.
Upon receipt of the application and the registration fee,
the department shall assign a registration number and issue
a decal for each vessel. The registration number and decal
shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174,
of the code of federal regulations. A valid decal affixed as
prescribed shall indicate compliance with the annual registration requirements of this chapter.
The vessel registrations and decals are valid for a period
of one year, except that the director of licensing may extend
[Title 88 RCW—page 5]
88.02.050
Title 88 RCW: Navigation and Harbor Improvements
or diminish vessel registration periods, and the decals
therefor, for the purpose of staggered renewal periods. For
registration periods of more or less than one year, the
department may collect prorated annual registration fees and
excise taxes based upon the number of months in the
registration period. Vessel registrations are renewable every
year in a manner prescribed by the department upon payment
of the vessel registration fee and excise tax. Upon renewing
a vessel registration, the department shall issue a new decal
to be affixed as prescribed by the department.
When the department issues either a notice to renew a
vessel registration or a decal for a new or renewed vessel
registration, it shall also provide information on the location
of marine oil recycling tanks and sewage holding tank
pumping stations. This information will be provided to the
department by the state parks and recreation commission in
a form ready for distribution. The form will be developed
and prepared by the state parks and recreation commission
with the cooperation of the department of ecology. The
department, the state parks and recreation commission, and
the department of ecology shall enter into a memorandum of
agreement to implement this process.
A person acquiring a vessel from a dealer or a vessel
already validly registered under this chapter shall, within
fifteen days of the acquisition or purchase of the vessel,
apply to the department or its authorized agent for transfer
of the vessel registration, and the application shall be
accompanied by a transfer fee of one dollar. [1993 c 244 §
38; 1989 c 17 § 1; 1983 2nd ex.s. c 3 § 45; 1983 c 7 § 18.]
Application—1993 c 244 § 38: "Section 38 of this act [the 1993
amendments to RCW 88.02.050] applies to registrations expiring June 30,
1995, and thereafter." [1993 c 244 § 43.]
Intent—1993 c 244: See note following RCW 79A.60.010.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
88.02.050 Application—Registration fee and excise
tax—Registration number and decal—Registration
periods—Renewals—Marine oil refuse dump and holding
tank information—Transfer of registrations. (Effective
January 1, 2003.) Application for a vessel registration shall
be made to the department or its authorized agent in the
manner and upon forms prescribed by the department. The
application shall state the name and address of each owner
of the vessel and such other information as may be required
by the department, shall be signed by at least one owner, and
shall be accompanied by a vessel registration fee of ten
dollars and fifty cents per year and the excise tax imposed
under chapter 82.49 RCW. In addition, two additional
dollars must be collected annually from every vessel registration application. These moneys must be deposited into the
derelict vessel removal account established in RCW
79.100.100. If the department of natural resources indicates
that the balance of the derelict vessel removal account
reaches one million dollars as of March 1st of any year, the
collection of the two-dollar fee must be suspended for the
following fiscal year. Any fees required for licensing agents
under RCW 46.01.140 shall be in addition to the ten dollar
and fifty cent annual registration fee and the two-dollar
derelict vessel fee.
Upon receipt of the application and the registration fee,
the department shall assign a registration number and issue
[Title 88 RCW—page 6]
a decal for each vessel. The registration number and decal
shall be issued and affixed to the vessel in a manner prescribed by the department consistent with the standard numbering system for vessels set forth in volume 33, part 174,
of the code of federal regulations. A valid decal affixed as
prescribed shall indicate compliance with the annual registration requirements of this chapter.
The vessel registrations and decals are valid for a period
of one year, except that the director of licensing may extend
or diminish vessel registration periods, and the decals
therefor, for the purpose of staggered renewal periods. For
registration periods of more or less than one year, the
department may collect prorated annual registration fees and
excise taxes based upon the number of months in the
registration period. Vessel registrations are renewable every
year in a manner prescribed by the department upon payment
of the vessel registration fee, excise tax, and the derelict
vessel fee. Upon renewing a vessel registration, the department shall issue a new decal to be affixed as prescribed by
the department.
When the department issues either a notice to renew a
vessel registration or a decal for a new or renewed vessel
registration, it shall also provide information on the location
of marine oil recycling tanks and sewage holding tank
pumping stations. This information will be provided to the
department by the state parks and recreation commission in
a form ready for distribution. The form will be developed
and prepared by the state parks and recreation commission
with the cooperation of the department of ecology. The
department, the state parks and recreation commission, and
the department of ecology shall enter into a memorandum of
agreement to implement this process.
A person acquiring a vessel from a dealer or a vessel
already validly registered under this chapter shall, within
fifteen days of the acquisition or purchase of the vessel,
apply to the department or its authorized agent for transfer
of the vessel registration, and the application shall be
accompanied by a transfer fee of one dollar. [2002 c 286 §
13; 1993 c 244 § 38; 1989 c 17 § 1; 1983 2nd ex.s. c 3 §
45; 1983 c 7 § 18.]
Severability—Effective date—2002 c 286: See RCW 79.100.900
and 79.100.901.
Application—1993 c 244 § 38: "Section 38 of this act [the 1993
amendments to RCW 88.02.050] applies to registrations expiring June 30,
1995, and thereafter." [1993 c 244 § 43.]
Intent—1993 c 244: See note following RCW 79A.60.010.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
88.02.052 Voluntary donations in conjunction with
registration—Maritime historic restoration and preservation. In conjunction with the registration of vessels under
this chapter, the department shall provide an opportunity for
each person registering a vessel to make a voluntary donation to support the maritime historic restoration and preservation activities of the Grays Harbor Historical Seaport and the
Steamer Virginia V Foundation. All voluntary donations
collected under this section shall be deposited in the maritime historic restoration and preservation account created
under RCW 88.02.053. [1996 c 3 § 1.]
(2002 Ed.)
Vessel Registration
88.02.053 Maritime historic restoration and preservation account. (1) The maritime historic restoration and
preservation account is created in the custody of the state
treasurer. All receipts from the voluntary donations made
simultaneously with the registration of vessels under chapter
88.02 RCW shall be deposited into this account. These
deposits are not public funds and are not subject to allotment
procedures under chapter 43.88 RCW.
(2) At the end of each fiscal year, the state treasurer
shall pay from this account to the department of licensing an
amount equal to the reasonable administrative expenses of
that agency for that fiscal year for collecting the voluntary
donations and transmitting them to the state treasurer and
shall pay to the state treasurer an amount equal to the
reasonable administrative expenses of that agency for that
fiscal year for maintaining the account and disbursing funds
from the account.
(3) At the end of each fiscal year, the state treasurer
shall pay one-half of the balance of the funds in the account
after payment of the administrative costs provided in
subsection (2) of this section, to the Grays Harbor historical
seaport or its corporate successor and the remainder to the
Steamer Virginia V foundation or its corporate successor.
(4) If either the Grays Harbor historical seaport and its
corporate successors or the Steamer Virginia V foundation
and its corporate successors legally ceases to exist, the state
treasurer shall, at the end of each fiscal year, pay the balance
of the funds in the account to the remaining organization.
(5) If both the Grays Harbor historical seaport and its
corporate successors and the Steamer Virginia V foundation
and its corporate successors legally cease to exist, the
department of licensing shall discontinue the collection of
the voluntary donations in conjunction with the registration
of vessels under RCW 88.02.052, and the balance of the
funds in the account escheat to the state. If funds in the
account escheat to the state, one-half of the fund balance
shall be provided to the office of archaeology and historic
preservation and the remainder shall be deposited into the
parks renewal and stewardship account.
(6) The secretary of state, the directors of the state
historical societies, the director of the office of archaeology
and historic preservation within the department of community, trade, and economic development, and two members
representing the recreational boating community appointed
by the secretary of state, shall review the success of the
voluntary donation program for maritime historic restoration
and preservation established under RCW 88.02.052 and
report their findings to the appropriate legislative committees
by January 31, 1998. The findings must include the progress
of the program and the potential to expand the voluntary
funding to other historic vessels. [1996 c 3 § 2.]
Reviser’s note: 1996 c 3 directed that this section be added to
chapter 43.08 RCW. This section has been codified in chapter 88.02 RCW,
which relates more directly to vessel registration receipts.
88.02.055 Refund, collection of erroneous
amounts—Penalty for false statement. Whenever any
license fee paid under this chapter has been erroneously
paid, in whole or in part, the person paying the fee, upon
satisfactory proof to the director of licensing, is entitled to
a refund of the amount erroneously paid. A license fee is
refundable in one or more of the following circumstances:
(2002 Ed.)
88.02.053
(1) If the vessel for which the renewal license was purchased
was destroyed before the beginning date of the registration
period for which the renewal fee was paid; (2) if the vessel
for which the renewal license was purchased was permanently removed from the state before the beginning date of the
registration period for which the renewal fee was paid; (3)
if the vessel license was purchased after the owner has sold
the vessel; (4) if the vessel is currently licensed in Washington and is subsequently licensed in another jurisdiction, in
which case any full months of Washington fees between the
date of license application in the other jurisdiction and the
expiration of the Washington license are refundable; or (5)
if the vessel for which the renewal license was purchased is
sold before the beginning date of the registration period for
which the renewal fee was paid, and the payor returns the
new, unused, never affixed license renewal decal to the
department before the beginning of the registration period for
which the registration was purchased. Upon the refund
being certified as correct to the state treasurer by the director
and being claimed in the time required by law, the state
treasurer shall mail or deliver the amount of each refund to
the person entitled to the refund. A claim for refund shall
not be allowed for erroneous payments unless the claim is
filed with the director within three years after such payment
was made.
If due to error a person has been required to pay a
license fee under this chapter and excise tax which amounts
to an overpayment of ten dollars or more, the person is
entitled to a refund of the entire amount of the overpayment,
regardless of whether a refund of the overpayment has been
requested. If due to error the department or its agents has
failed to collect the full amount of the license fee and excise
tax due, which underpayment is in the amount of ten dollars
or more, the department shall charge and collect the additional amount as will constitute full payment of the tax and
fees.
Any person who makes a false statement under which
he or she obtains a refund to which he or she is not entitled
under this section is guilty of a gross misdemeanor. [1997
c 22 § 2; 1996 c 31 § 2; 1989 c 68 § 5.]
88.02.060 Registration of dealers—Surety bond—
Fees. (1) Each vessel dealer in this state shall register with
the department in the manner and upon forms prescribed by
the department, in accordance with rules adopted under
chapter 34.05 RCW. After the completed vessel dealer
application has been satisfactorily filed and the applicant is
eligible as determined by the department’s rules, the department shall, if no denial proceeding is in effect, issue the
vessel dealer’s registration on the basis of staggered annual
expiration dates.
(2) Before issuing a vessel dealer’s registration, the
department shall require the applicant to file with the
department a surety bond in the amount of five thousand
dollars, running to the state of Washington, and executed by
a surety company authorized to do business in the state of
Washington. The bond shall be approved by the attorney
general as to form and conditioned that the dealer shall
conduct his business in conformity with the provisions of
this chapter. Any vessel consignor or purchaser who has
suffered any loss or damage by reason of any act or omis[Title 88 RCW—page 7]
88.02.060
Title 88 RCW: Navigation and Harbor Improvements
sion by a dealer that constitutes a violation of this chapter
may institute an action for recovery against the dealer and
the surety upon the bond. Successive recoveries against the
bond shall be permitted, but the aggregate liability of the
surety to all persons shall not exceed the amount of the
bond. Upon exhaustion of the penalty of the bond or
cancellation of the bond by the surety, the vessel dealer
registration shall automatically be deemed canceled.
(3) Vessel dealers selling fifteen vessels or fewer per
year having a retail value of no more than two thousand
dollars each shall not be subject to the provisions of subsection (2).
(4) For the fiscal biennium from July 1, 1987, through
June 30, 1989, the registration fee for dealers shall be fifty
dollars per year for an original registration, and twenty-five
dollars for any subsequent renewal. In addition, a fee of
twenty-five dollars shall be collected for the first decal,
fifteen dollars for each additional decal, and fifteen dollars
for each vessel dealer display decal replacement. In ensuing
biennia, the director shall establish the amount of such fees
at a sufficient level to defray the costs of administering the
vessel dealer registration program. All such fees shall be
fixed by rule adopted by the director in accordance with the
Administrative Procedure Act, chapter 34.05 RCW. All fees
collected under this section shall be deposited with the state
treasurer and credited to the general fund. [1987 c 149 § 1;
1983 c 7 § 19.]
Effective date—1987 c 149: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect July 1,
1987." [1987 c 149 § 15.]
88.02.070 Certificates of title. (1) The department
shall provide for the issuance of vessel certificates of title.
Applications for certificates may be made through the agents
appointed under RCW 88.02.040. The fee for a vessel
certificate of title is five dollars. Fees required for licensing
agents under RCW 46.01.140 are in addition to the vessel
certificate of title fee. Fees for vessel certificates of title
shall be deposited in the general fund. Security interests in
vessels subject to the requirements of this chapter and
attaching after July 1, 1983, shall be perfected only by
indication upon the vessel’s title certificate. The provisions
of chapters 46.12 and 46.16 RCW relating to motor vehicle
certificates of registration, titles, certificate issuance, ownership transfer, and perfection of security interests, and other
provisions which may be applied to vessels subject to this
chapter, may be so applied by rule of the department if they
are not inconsistent with this chapter.
(2) Whenever a vessel is to be registered for the first
time as required by this chapter, except for a vessel having
a valid marine document as a vessel of the United States,
application shall be made at the same time for a certificate
of title. Any person who purchases or otherwise obtains
majority ownership of any vessel subject to the provisions of
this chapter, except for a vessel having a valid marine
document as a vessel of the United States, shall within
fifteen days thereof apply for a new certificate of title which
shows the vessel’s change of ownership.
(3) Security interests may be released or acted upon as
provided by the law under which they arose or were perfected. No new security interest or renewal or extension of an
[Title 88 RCW—page 8]
existing security interest is affected except as provided under
the terms of this chapter and RCW 46.12.095.
(4) Notice shall be given to the issuing authority by the
owner indicated on the certificate of registration within
fifteen days of the occurrence of any of the following: Any
change of address of owner; destruction, loss, abandonment,
theft, or recovery of the vessel; or loss or destruction of a
valid certificate of registration on the vessel.
(5) Within five days, excluding Saturdays, Sundays, and
state and federal holidays, the owner shall notify the department in writing, on the appropriate form, of the date of the
sale or transfer, the name and address of the owner and of
the transferee, and such description of the vessel, including
the hull identification number, the vessel decal number, or
both, as may be required by the department. [1996 c 315 §
5; 1991 c 339 § 31; 1985 c 258 § 4; 1983 2nd ex.s. c 3 §
46.]
Effective dates—1996 c 315 §§ 1, 4, 5: See note following RCW
46.01.140.
Effective date—1985 c 258: "This act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state
government and its existing public institutions, and shall take effect June 30,
1985." [1985 c 258 § 13.]
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
88.02.075 Duplicate certificates—Replacement
decals—Surrender of original certificate or decal. (1) If
a certificate of ownership, a certificate of registration, or a
pair of decals is lost, stolen, mutilated, or destroyed or
becomes illegible, the first priority secured party or, if none,
the owner or legal representative of the owner named in the
certificate, as shown by the records of the department, shall
promptly apply for and may obtain a duplicate certificate or
replacement decals upon payment of one dollar and twentyfive cents and furnishing information satisfactory to the
department.
(a) An application for a duplicate certificate of title shall
be accompanied by an affidavit of loss or destruction in a
form approved by the department and signed by the first
secured party or, if none, the owner or legal representative
of the owner.
(b) An application for a duplicate certificate of registration or replacement decals shall be accompanied by an
affidavit of loss or destruction in a form approved by the
department and signed by the registered owner or legal
representative of the owner.
(2) The duplicate certificate of ownership or registration
shall contain the legend, "duplicate." It shall be mailed to
the first priority secured party named in it or, if none, to the
owner.
(3) A person recovering an original certificate of
ownership, certificate of registration, or decal for which a
duplicate or replacement has been issued shall promptly
surrender the original to the department. [1997 c 241 § 12;
1986 c 71 § 1.]
88.02.078 Vessel dealer business address—Office—
Identification of business. (1) A vessel dealer shall have
and maintain an office in which to conduct business at the
business address of the dealer.
(2002 Ed.)
Vessel Registration
(2) The vessel dealer’s place of business shall be
identified by an exterior sign with the business name. In the
absence of other identifiers that the business conducted is
marine business, the sign must identify the nature of the
business, such as marine sales, service, repair, or manufacturing. [1987 c 149 § 2.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.090 Inspection of registration—Violation of
chapter. Any person charged with the enforcement of this
chapter may request for inspection the certificate of registration from any vessel owner or operator to ascertain the legal
and registered ownership of such vessel. Failure to provide
such certificate for inspection upon the request of any person
charged with enforcement of this chapter constitutes a
violation of this chapter and subjects the person requested to
produce such document to the penalties provided by RCW
88.02.110. [1983 c 7 § 21.]
88.02.100 Rule-making authority. The department
may adopt rules under chapter 34.05 RCW to implement this
chapter. [1983 c 7 § 20.]
88.02.110 Penalties—Disposition of moneys collected—Enforcement authority. (1) Except as otherwise
provided in this chapter, a violation of this chapter and the
rules adopted by the department pursuant to these statutes is
a misdemeanor punishable only by a fine not to exceed one
hundred dollars per vessel for the first violation. Subsequent
violations in the same year are subject to the following fines:
(a) For the second violation, a fine of two hundred
dollars per vessel;
(b) For the third and successive violations, a fine of four
hundred dollars per vessel.
(2) After subtraction of court costs and administrative
collection fees, moneys collected under this section shall be
credited to the current expense fund of the arresting jurisdiction.
(3) All law enforcement officers shall have the authority
to enforce this chapter, and the rules adopted by the department pursuant to these statutes within their respective
jurisdictions: PROVIDED, That a city, town, or county may
contract with a fire protection district for such enforcement
and fire protection districts are authorized to engage in such
activities. [1993 c 244 § 4; 1987 c 149 § 13; 1984 c 183 §
2; 1983 2nd ex.s. c 3 § 50; 1983 c 7 § 22.]
Intent—1993 c 244: See note following RCW 79A.60.010.
Effective date—1987 c 149: See note following RCW 88.02.060.
Construction—Severability—Effective dates—1983 2nd ex.s. c 3:
See notes following RCW 82.04.255.
88.02.112 Registration certificate required—
Penalty. Any person engaging in vessel dealer activities
without first obtaining a registration certificate is guilty of a
gross misdemeanor. [1987 c 149 § 3.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.115 Additional penalties for unauthorized or
personal use of dealer display decals. In addition to other
penalties imposed by this chapter for unauthorized or
(2002 Ed.)
88.02.078
personal use of vessel dealer display decals, the director may
confiscate all display decals for such period as the director
deems appropriate, and in addition, or in lieu of other
sanctions, the director may impose a monetary penalty not
exceeding twice the amount of excise tax that should have
been paid to register each vessel properly. A monetary
penalty assessment is in addition to any fees owing to register each vessel properly. Any monetary penalty imposed
or vessel display decals confiscated shall be done in accordance with chapter 34.05 RCW. Any monetary penalty
imposed by the director and the delinquent excise taxes
collected shall be deposited in the general fund. [1987 c 149
§ 6.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.118 Evasive registration—Penalty. It is a
gross misdemeanor punishable as provided under chapter
9A.20 RCW for any person owning a vessel subject to
taxation under chapter 82.49 RCW to register a vessel in
another state to avoid Washington state vessel excise tax
required under chapter 82.49 RCW or to obtain a vessel
dealer’s registration for the purpose of evading excise tax on
vessels under chapter 82.49 RCW. For a second or subsequent offense, the person convicted is also subject to a fine
equal to four times the amount of avoided taxes and fees, no
part of which may be suspended or deferred. Excise taxes
owed and fines assessed will be deposited in the manner
provided under RCW 46.16.010(2). [2000 c 229 § 6; 1999
c 277 § 10; 1996 c 184 § 4; 1993 c 238 § 4; 1987 c 149 §
7.]
Effective date—2000 c 229: See note following RCW 46.16.010.
Effective date—1996 c 184: See note following RCW 46.16.010.
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.120 Title certificate system—Legislative
intent—Authority for rules and procedures to establish
system. It is the intention of the legislature to establish a
system of certificates of title for vessels and watercraft
similar to that in existence for motor vehicles. It is the goal
of this legislation that the title certificate become prima facie
evidence of ownership of the vessel it describes so that
persons may rely upon that certificate; and that security
interest in vessels be perfected solely by notation of a
secured party upon the title certificate. However, there are
title certificates issued prior to June 30, 1985, which may not
indicate security interests in the certificated vessel. The
establishment of a more reliable system will require implementation over several years, as the existing security
interests are either satisfied or their perfection is not continued. During this interim period of five years from June 30,
1985, two different classes, class A and class B, of title
certificates will be in existence and issued by the department
of licensing. The establishment and operation of the system
for watercraft and vessels should be patterned upon the
system established and operating for motor vehicles and the
department of licensing is hereby authorized and directed to
adopt the regulations and procedures necessary and desirable
to establish such a similar system, excepting only as the
same may be inconsistent with this chapter. [1985 c 258 §
1.]
Effective date—1985 c 258: See note following RCW 88.02.070.
[Title 88 RCW—page 9]
88.02.125
Title 88 RCW: Navigation and Harbor Improvements
88.02.125 Evidence of ownership by vessel dealers—
Sales of consigned vessels—Assignment and warranty of
certificates of ownership. (1) Vessel dealers shall possess
a certificate of ownership, a manufacturer’s statement of origin, a carpenter’s certificate, or a factory invoice or other
evidence of ownership approved by the department for each
vessel in the vessel dealer’s inventory unless the vessel for
sale is consigned or subject to an inventory security agreement. Evidence of ownership shall be either in the name of
the dealer or in the name of the dealer’s immediate vendor
properly assigned.
(2) A vessel dealer may display and sell consigned
vessels or vessels subject to an inventory security agreement
if there is a written and signed consignment agreement for
each vessel or an inventory security agreement covering all
inventory vessels. The consignment agreement shall include
verification by the vessel dealer that evidence of ownership
by the consignor exists and its location, the name and
address of the registered owner, and the legal owner, if any.
Vessels that are subject to an inventory security interest shall
be supported with evidence of ownership that is in the
dealer’s possession or the possession of the inventory
security party. Upon payment of the debt secured for that
vessel, the secured party shall deliver the ownership document, appropriately released, to the dealer. It is the vessel
dealer’s responsibility to ensure that ownership documents
are available for ownership transfer upon the sale of the
vessel.
(3) Following the retail sale of any vessel, the dealer
shall promptly make application and execute the assignment
and warranty of the certificate of ownership. Such assignment shall show any secured party holding a security interest
created at the time of sale. The dealer shall deliver the
certificate of ownership and application for registration to the
department. [1994 c 262 § 27; 1987 c 149 § 8.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.130 Class A title certificates. After June 30,
1985, a class A certificate shall be issued in the following
circumstances:
(1) Upon application for a certificate of title to a new
vessel never before titled and sold by an in-state or
out-of-state dealer or manufacturer. The application must be
accompanied by a manufacturer’s statement of origin or
other document or documents certifying the first conveyance
of said vessel after its manufacture. The manufacturer’s
statement of origin or other similar document or documents
shall reflect the model year, make, and hull identification
number of the vessel.
(2) Upon transfer of a vessel or release of a security
interest in a vessel for which a class A certificate of title has
previously been issued if the department receives appropriate
releases of interests.
(3) Commencing five years after June 30, 1985, in all
cases. [1985 c 258 § 7.]
Effective date—1985 c 258: See note following RCW 88.02.070.
88.02.140 Issuance of class A title certificates—
Required evidence. After June 30, 1985, a class A title
certificate may be issued upon application by an owner,
purchaser, or secured party who presents evidence satisfacto[Title 88 RCW—page 10]
ry to the department of ownership of the vessel in the
registered owner’s name and the absence of security interests
or claims except as will be shown on the new title certificate. The absence of outstanding security interests may be
evidenced by appropriate Uniform Commercial Code
financing statement searches by the appropriate filing officer
or officers pursuant to *RCW 62A.9-407(2) and releases or
disclaimers of interest by any secured parties who might
have security interests perfected by filing of [a] Uniform
Commercial Code financing statement. [1985 c 258 § 8.]
*Reviser’s note: Article 62A.9 RCW was repealed in its entirety by
2000 c 250 § 9A-901, effective July 1, 2001. For later enactment, see
Article 62A.9A RCW.
Effective date—1985 c 258: See note following RCW 88.02.070.
88.02.150 Issuance of class A title certificates—
Limitation. A class A certificate of title shall not be issued
for any vessel for which a class B certificate has been issued
unless the class B certificate is surrendered together with
appropriate releases of interest by parties shown on such certificate. [1985 c 258 § 9.]
Effective date—1985 c 258: See note following RCW 88.02.070.
88.02.160 Class B title certificates. All titles issued
prior to June 30, 1985, are designated class B title certificates. Class B certificates evidence ownership of vessels but
the vessel is more likely to be subject to a valid and perfected security interest or other claims of interest than class A
certificated vessels. [1985 c 258 § 2.]
Effective date—1985 c 258: See note following RCW 88.02.070.
88.02.170 Class A and class B title certificates to
have apparent distinctions—Class B certificate to bear
legend. Class A and class B certificates shall be readily
distinguishable from each other, through different color,
format, or other apparent distinctions. Each class B certificate issued after June 30, 1985, shall bear the legend: "The
vessel may be subject to perfected security interests or
claims not indicated on this certificate." [1985 c 258 § 5.]
Effective date—1985 c 258: See note following RCW 88.02.070.
88.02.180 Application for title certificate—Oath by
owner. Each application for a title certificate shall require
the person to be designated as the registered owner to swear
under penalty of the perjury laws of this state that he is the
owner or an authorized agent of the owner of the vessel, and
that it is free of any claim of lien, mortgage, conditional
sale, or other security interest of any person except the
person or persons set forth in the application as secured
parties. [1985 c 258 § 6.]
Effective date—1985 c 258: See note following RCW 88.02.070.
88.02.184 Issuance of temporary permits by registered vessel dealers—Fee. (1) The department may
authorize vessel dealers properly registered pursuant to this
chapter to issue temporary permits to operate vessels under
such rules as the department adopts.
(2) The fee for each temporary permit application
distributed to an authorized vessel dealer shall be five
dollars, which shall be credited to the payment of registration
(2002 Ed.)
Vessel Registration
fees at the time application for registration is made. [1987
c 149 § 9.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.188 Denial, suspension, or revocation of vessel
dealer registration—Penalties. Except as otherwise
provided in this chapter, the director may by order deny,
suspend, or revoke the registration of any vessel dealer, or
in lieu thereof or in addition thereto, may by order assess
monetary penalties of a civil nature not to exceed one
thousand dollars per violation, if the director finds that the
applicant or registrant:
(1) Is applying for a dealer’s registration or has obtained
a dealer’s registration for the purpose of evading excise taxes
on vessels; or
(2) Has been adjudged guilty of a felony that directly
relates to marine trade and the time elapsed since the
adjudication is less than ten years. For purposes of this
section, adjudged guilty means, in addition to a final conviction in court, an unvacated forfeiture of bail or collateral
deposited to secure a defendant’s appearance in court, the
payment of a fine, a plea of guilty, or a finding of guilt
regardless of whether the sentence is deferred or the penalty
is suspended; or
(3) Has failed to comply with the trust account requirements of this chapter; or
(4) Has failed to transfer a certificate of title to a
purchaser as required in this chapter; or
(5) Has misrepresented the facts at the time of application for registration or renewal; or
(6) Has failed to comply with applicable provisions of
this chapter or any rules adopted under it. [1987 c 149 §
12.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.189 Vessel registration or vessel dealer
registration suspension—Noncompliance with support
order—Reissuance. The department shall immediately
suspend the vessel registration or vessel dealer’s registration
of a person who has been certified pursuant to RCW
74.20A.320 by the department of social and health services
as a person who is not in compliance with a support order or
a *residential or visitation order. If the person has continued
to meet all other requirements for reinstatement during the
suspension, reissuance of the registration shall be automatic
upon the department’s receipt of a release issued by the
department of social and health services stating that the
licensee is in compliance with the order. [1997 c 58 § 863.]
*Reviser’s note: 1997 c 58 § 887 requiring a court to order
certification of noncompliance with residential provisions of a court-ordered
parenting plan was vetoed. Provisions ordering the department of social and
health services to certify a responsible parent based on a court order to
certify for noncompliance with residential provisions of a parenting plan
were vetoed. See RCW 74.20A.320.
Short title—Part headings, captions, table of contents not law—
Exemptions and waivers from federal law—Conflict with federal
requirements—Severability—1997 c 58: See RCW 74.08A.900 through
74.08A.904.
Effective dates—Intent—1997 c 58: See notes following RCW
74.20A.320.
(2002 Ed.)
88.02.184
88.02.190 Inspection of vessels. The department is
hereby authorized to require inspection of vessels which are
brought into this state from another state and for which no
title certificate has been issued and for any other vessel if
the department determines that inspection of the vessel will
help to verify the accuracy of the information set forth on
the application. [1985 c 258 § 10.]
Effective date—1985 c 258: See note following RCW 88.02.070.
88.02.200 Department and state immune from suit
for administration of chapter. No suit or action shall ever
be commenced or prosecuted against the department of
licensing or the state of Washington by reason of any act
done or omitted to be done in the administration of the
duties and responsibilities imposed upon the department
under chapter 88.02 RCW. [1985 c 258 § 11.]
Effective date—1985 c 258: See note following RCW 88.02.070.
88.02.210 Records of the purchase and sale of
vessels. (1) A vessel dealer shall complete and maintain for
a period of at least three years a record of the purchase and
sale of all vessels purchased or consigned and sold by the
vessel dealer. Records shall be made available for inspection by the department during normal business hours.
(2) Before renewal of the vessel dealer registration, the
department shall require, on the forms prescribed, a record
of the number of vessels sold during the registration year.
Vessel dealers who assert that they qualify for the exemption
provided in RCW 88.02.060(3) shall also record, on forms
prescribed, the highest retail value of any vessel sold in the
registration year. [1987 c 149 § 10.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.220 Receipt of cash or negotiable instrument
before delivery of vessel—Trust account. A vessel dealer
who receives cash or a negotiable instrument of deposit in
excess of one thousand dollars, or a deposit of any amount
that will be held for more than fourteen calendar days, shall
place the funds in a separate trust account.
(1) The cash or negotiable instrument must be set aside
immediately upon receipt for the trust account, or endorsed
to such a trust account immediately upon receipt.
(2) The cash or negotiable instrument must be deposited
in the trust account by the close of banking hours on the day
following the receipt.
(3) After delivery of the purchaser’s vessel the vessel
dealer shall remove the deposited funds from the trust
account.
(4) The dealer shall not commingle the purchaser’s
funds with any other funds at any time.
(5) The funds shall remain in the trust account until the
delivery of the purchased vessel. However, upon written
agreement from the purchaser, the vessel dealer may remove
and release trust funds before delivery. [1991 c 339 § 33;
1987 c 149 § 11.]
Effective date—1987 c 149: See note following RCW 88.02.060.
88.02.230 Exemption from vessel dealer requirements. (1) The department may exempt from compliance
with the vessel dealer requirements of this chapter, any
person who is engaged in the business of selling in this state
[Title 88 RCW—page 11]
88.02.230
Title 88 RCW: Navigation and Harbor Improvements
at wholesale or retail, human-powered watercraft which is:
(a) Under sixteen feet in length; (b) unable to be powered by
propulsion machinery or wind propulsion as designed by the
manufacturer; and (c) not designed for use on commonlyused navigable waters.
(2) Any person engaged in the business of selling at
wholesale or retail, exempt and nonexempt watercraft under
this section shall only be required to comply with the
provisions of this chapter in regard to the sale of nonexempt
watercraft. [1990 c 250 § 90.]
Severability—1990 c 250: See note following RCW 46.16.301.
88.02.235 Denial of license. The director may deny
a license under this chapter when the application is a
subterfuge that conceals the real person in interest whose
license has been denied, suspended, or revoked for cause
under this chapter and the terms have not been fulfilled or a
civil penalty has not been paid, or the director finds that the
application was not filed in good faith. This section does
not preclude the department from taking an action against a
current licensee. [1997 c 432 § 3.]
Chapter 88.04
CHARTER BOAT SAFETY ACT
(Formerly: Passenger watercraft for hire—Regulation)
Sections
88.04.005
88.04.015
88.04.025
88.04.035
88.04.045
88.04.055
88.04.065
Purposes.
Definitions.
Operating on state waters—Conditions.
Inspection of charter boats—Certificate of inspection.
Application for inspection—Inspection fee—Deposit of fees.
Evidentiary hearings.
Reciprocal agreements—Annual operating permits—
Education and enforcement programs.
88.04.075 Exemptions from chapter.
88.04.085 Application of Washington industrial safety and health act.
88.04.310 Inspection program fee.
88.04.320 Operating violations enumerated—Penalties.
88.04.330 Rule-making authority.
88.04.900 Short title.
Inspection and regulation, department of labor and industries: RCW
43.22.050.
Regulating sale of passenger tickets: RCW 81.56.150.
Regulation by
first class cities: RCW 35.22.280.
noncharter and charter code cities: RCW 35A.11.020.
second class cities: RCW 35.23.440.
88.04.005 Purposes. The purposes of this chapter are
as follows:
(1) Regulate charter boats for the carrying of more than
six passengers, which are operated on state waters and which
are not regulated by the United States coast guard;
(2) Protect the safety and health of employees, passengers, and persons utilizing charter boats;
(3) Authorize the department of labor and industries to
adopt rules regulating the use of charter boats operating on
state waters and to issue licenses; and
(4) Provide penalties for violations of this chapter.
[1999 c 111 § 1; 1989 c 295 § 1.]
[Title 88 RCW—page 12]
88.04.015 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of labor and
industries.
(2) "Carrying passengers or cargo" means the transporting of any person or persons or cargo on a vessel for a fee
or other consideration.
(3) "Charter boat" means a vessel or barge operating on
state waters that is not inspected or licensed by the United
States coast guard and over which the United States coast
guard does not exercise jurisdiction and which is rented,
leased, or chartered to carry more than six persons or cargo.
(4) "Equipment" means a system, part, or component of
a vessel as originally manufactured, or a system, part, or
component manufactured or sold for replacement, repair, or
improvement of a system, part, or component of a vessel; an
accessory or equipment for, or appurtenance to a vessel; or
a marine safety article, accessory, or equipment, including
radio equipment, intended for use by a person on board a
vessel.
(5) "State waters" means all waters within the territorial
limits of the state of Washington, and not subject to the
jurisdiction of the United States coast guard.
(6) "Operate" means to start or operate any engine
which propels a vessel, or to physically control the motion,
direction, or speed of a vessel.
(7) "Owner" means a person who claims lawful possession of a vessel by virtue of legal title or an equitable
interest in a vessel which entitles that person to possession
of the vessel; but does not include charterers and lessees.
(8) "Passenger" means a person carried on board a
charter boat except:
(a) The owner of the vessel or the owner’s agent; or
(b) The captain and members of the vessel’s crew.
(9) "Operator’s license" means a vessel operator’s
license issued by the United States coast guard or department
for the specified tonnage and operational waters of the
vessel.
(10) "Vessel" means every description of motorized
watercraft, other than a bare-boat charter boat, seaplane, or
sailboat, used or capable of being used to transport more
than six passengers or cargo on water for rent, lease, or hire.
(11) "Bare-boat charter" means the unconditional lease,
rental, or charter of a boat by the owner, or his or her agent,
to a person who by written agreement, or contract, assumes
all responsibility and liability for the operation, navigation,
and provisioning of the boat during the term of the agreement or contract, except when a captain or crew is required
or provided by the owner or owner’s agents to be hired by
the charterer to operate the vessel. [1999 c 111 § 2; 1991 c
45 § 1; 1989 c 295 § 2.]
88.04.025 Operating on state waters—Conditions.
A person shall not rent, lease, or hire out a charter boat, nor
carry, advertise for the carrying of, nor arrange for the
carrying of, more than six passengers on a vessel for a fee
or other consideration on state waters unless each of the
following conditions is satisfied:
(1)(a) The department has inspected the vessel within
the previous twelve months and has issued for the vessel a
(2002 Ed.)
Charter Boat Safety Act
certificate of inspection that is still valid and current and
which allows the carrying of more than six passengers; or
(b) The United States coast guard has inspected the
vessel and has issued a certificate of inspection that is still
valid and current and which allows the carrying of more than
six passengers.
(2) The operator of the vessel is licensed as an operator
by either the United States coast guard or the department.
The operator must carry such license at all times while
operating the vessel and must display such license upon
demand by the department.
(3) The vessel has a valid and current registration
certificate which is available for inspection by the department.
(4) The vessel is covered by current and valid liability
insurance. Proof of such coverage must be provided to the
department upon demand. [1999 c 111 § 3; 1989 c 295 §
3.]
88.04.035 Inspection of charter boats—Certificate
of inspection. The department shall inspect or provide for
the inspection of every charter boat once every twelve
months with the vessel in the water to determine if the
vessel and its equipment comply with the rules promulgated
by the department and with the applicable state and federal
laws and regulations. Beginning no later than January 1,
2002, the department shall also inspect or provide for the
inspection of every charter boat that carries more than six
passengers once every sixty months with the vessel in
drydock. In addition, the department may at any time
inspect or provide for the inspection of any charter boat if
the department has reasonable cause to believe either that a
provision of this chapter has been violated or that an
inspection is necessary to ensure the safety of persons or
property on the vessel.
(1) Ninety days before any certificate of inspection
expires, the department shall mail written notification to the
owner of the vessel that a twelve-month or sixty-month
inspection must be completed before the expiration date.
The department shall include with the notification an
application for inspection, which must be completed and
returned by the owner no later than sixty days before the
expiration date of the current certificate of inspection. The
owner shall include the registration fee with the completed
application form. A person filing an application shall certify
by the person’s signature that the information furnished on
the application is true and correct.
(2) If, after the inspection, the department determines
that the charter boat and its equipment comply with the rules
promulgated by the department and with the applicable state
and federal laws and regulations, the department shall issue
to the owner of the charter boat a certificate of inspection.
Such certificate shall specify the maximum passenger, crew,
and total person capacity of the charter boat. The certificate
shall be valid for one year from the date of issuance. The
certificate shall be prominently displayed on the charter boat
while the charter boat is operating upon state waters.
(3) The department shall determine the minimum
number of crew necessary for the safe operation of the
charter boat.
(2002 Ed.)
88.04.025
(4) If the department determines that the charter boat or
its equipment does not comply with the rules promulgated by
the department and with the applicable state and federal laws
and regulations, the department shall not issue a certificate
of inspection and any current certificate of inspection shall
be revoked by the department. [1999 c 111 § 4; 1989 c 295
§ 4.]
88.04.045 Application for inspection—Inspection
fee—Deposit of fees. (1) The owner of a vessel which does
not have a current certificate of inspection or which has not
previously been inspected by the department and which must
be inspected by the department shall file an application for
inspection, accompanied by the required fee, no later than
sixty days before the scheduled or requested inspection date.
A person filing an application shall certify by the person’s
signature that the information furnished on the application is
true and correct.
(2) When the department inspects or provides for the
inspection of any charter boat because the department has
reasonable cause to believe either that a provision of this
chapter has been violated or that an inspection is necessary
to ensure the safety of persons or property, the owner shall
not be required to pay an inspection fee for that inspection.
(3) When a twelve-month in-water inspection and a
sixty-month drydock inspection are required in the same
year, the owner shall only be required to pay the fee for the
drydock inspection.
(4) All sums received from licenses, inspection fees, or
other sources described in this chapter shall be deposited in
the industrial insurance trust funds and shall be used for
administrative, education, and enforcement costs associated
with this chapter. [1999 c 111 § 5; 1989 c 295 § 5.]
88.04.055 Evidentiary hearings. (1) A person who
has been denied a certificate of inspection or a license may
petition the department for an evidentiary hearing.
(2) A person who owns a charter boat may petition the
department for an evidentiary hearing regarding the determination of the maximum passengers, crew, or total capacity of
the charter boat. [1989 c 295 § 9.]
88.04.065 Reciprocal agreements—Annual operating permits—Education and enforcement programs. (1)
The department may enter into reciprocal agreements with
other states concerning the operation and inspection of
charter boats from those states that operate on the waters of
the state of Washington. Reciprocity shall be granted only
if a state can establish to the satisfaction of the department
that their laws and standards concerning charter boats meet
or exceed the laws and rules of the state of Washington. A
charter boat that operates on state waters under a reciprocal
agreement pursuant to this section shall obtain an annual
operating permit from the department for a fee for each year
the charter boat does business on the waters of the state of
Washington. The department shall deposit the fees from
annual operating permits issued pursuant to this section in
the industrial insurance trust funds.
(2) The department shall develop an education and
enforcement program designed to eliminate the operation of
charter boats that have not been inspected and certified as
[Title 88 RCW—page 13]
88.04.065
Title 88 RCW: Navigation and Harbor Improvements
required by this chapter, and shall provide the public with
information regarding the safety features and requirements
necessary for the lawful operation of charter boats. [1999 c
111 § 6; 1989 c 295 § 10.]
88.04.075 Exemptions from chapter. The provisions
of this chapter shall not apply to:
(1) A vessel that is a charter boat but is being used by
the documented or registered owner of the charter boat
exclusively for the owner’s own noncommercial or personal
pleasure purposes;
(2) A vessel owned by a person or corporate entity
which is donated and used by a person or nonprofit organization to transport passengers for charitable or noncommercial purposes, regardless of whether consideration is
directly or indirectly paid to the owner;
(3) A vessel that is rented, leased, or hired by an
operator to transport passengers for noncommercial or
personal pleasure purposes;
(4) A vessel used exclusively for, or incidental to, an
educational purpose; or
(5) A bare-boat charter boat. [1991 c 45 § 2; 1989 c
295 § 11.]
88.04.085 Application of Washington industrial
safety and health act. Unless specifically provided by
statute this chapter and the rules adopted thereunder shall be
implemented and enforced, including penalties, violations,
citations, appeals, and other administrative procedures,
pursuant to the Washington industrial safety and health act,
chapter 49.17 RCW. [1989 c 295 § 12.]
88.04.310 Inspection program fee. The owner or
operator of every vessel inspected by the department shall
pay the department a fee for each inspection. The fee shall
be established by rule and shall cover the full cost of the
inspection program including travel, per diem, and administrative and legal support costs for the program. [1999 c 111
§ 7; 1989 c 295 § 6; 1979 c 74 § 2.]
88.04.320 Operating violations enumerated—
Penalties. (1) It is unlawful for any person to operate a
vessel unless that person holds a valid license issued by the
United States coast guard or the department to operate a
vessel of that class.
(2) It is unlawful for any person to operate a vessel
unless the vessel is operated in compliance with the rules of
the department of labor and industries and has a current
certificate of inspection posted.
(3) Any violation of the licensing and inspection
provisions of this chapter is punishable pursuant to the
penalties provided under the Washington industrial safety
and health act, chapter 49.17 RCW. [1989 c 295 § 7; 1979
c 74 § 3.]
88.04.330 Rule-making authority. The department
shall adopt by rule, under chapter 34.05 RCW:
(1) Procedures, standards, and fees for the licensing of
operators of any vessel used as a charter boat, as defined
under RCW 88.04.015, operating on state waters for rent,
lease, or hire;
[Title 88 RCW—page 14]
(2) Standards and fees for the inspection of vessels;
(3) Minimum safety and health standards for passengers
and crew on board charter boats consistent with the rules
adopted by the United States coast guard in 46 C.F.R.,
subchapter T, small passenger vessels under one hundred
gross tons; and
(4) Any other rules needed for the efficient administration of the purposes of this chapter. [1999 c 111 § 8; 1989
c 295 § 8; 1979 c 74 § 4.]
88.04.900 Short title. This chapter may be known
and cited as the charter boat safety act. [1989 c 295 § 13.]
Chapter 88.08
SPECIFIC ACTS PROHIBITED
Sections
88.08.020 Tampering with lights or signals.
88.08.030 Bringing certain foreign convicts into state.
88.08.050 Injury to lighthouses or United States light.
88.08.060 Unlicensed pilotage.
Construction projects in state waters: Chapter 77.55 RCW.
Damage by vessel to underwater cable: RCW 80.36.070.
Excessive steam in boilers, penalty: RCW 70.54.080.
Intoxication of steamship employees: RCW 9.91.020.
88.08.020 Tampering with lights or signals. Every
person who, in such manner as might, if not discovered,
endanger a vessel, railway engine, motor, train, or car, shall
show, mask, extinguish, alter, or remove any light or signal,
or exhibit any false light or signal, shall be punished by imprisonment in a state correctional facility for not more than
ten years. [1992 c 7 § 62; 1909 c 249 § 402; RRS § 2654.]
88.08.030 Bringing certain foreign convicts into
state. Every person who, being the master or commander of
any vessel or boat arriving from a foreign country, shall
knowingly bring into this state a person who has been or is
a foreign convict of any offense, which, if committed in this
state would be punishable under the laws thereof, shall be
guilty of a misdemeanor. [1909 c 249 § 435; RRS § 2687.]
Reviser’s note: Caption for 1909 c 249 § 435 reads as follows:
"Sec. 435. Master of Vessel Bringing Foreign Convict."
88.08.050 Injury to lighthouses or United States
light. Every person who shall willfully break, injure, deface,
or destroy any lighthouse station, post, platform, step, lamp,
or other structure pertaining to such lighthouse station, or
shall extinguish or tamper with any light erected by the
United States upon or along the navigable waters of this
state to aid in the navigation thereof, in case no punishment
is provided therefor by the laws of the United States, shall
be punished as follows:
(1) Whenever such act may endanger the safety of any
vessel navigating such waters, or jeopardize the safety of any
person or property in or upon such vessel, by imprisonment
in a state correctional facility for not more than ten years.
(2) In all other cases by imprisonment in the county jail
for not more than one year, or by a fine of not more than
one thousand dollars, or by both. [1992 c 7 § 63; 1909 c
249 § 403; RRS § 2655.]
(2002 Ed.)
Specific Acts Prohibited
88.08.060 Unlicensed pilotage. Every person not duly
licensed thereto, who shall pilot or offer to pilot any vessel
into, within or out of the waters of Juan de Fuca Strait or
Puget Sound, shall be guilty of a misdemeanor: PROVIDED, That nothing herein shall prohibit a master of a vessel
acting as his own pilot, nor compel a master or owner of any
vessel to take out a pilot license for that purpose. [1909 c
249 § 293; RRS § 2545. Prior: 1888 p 177 § 18.]
Chapter 88.16
PILOTAGE ACT
Sections
88.16.005
88.16.010
88.16.020
88.16.035
88.16.040
88.16.050
88.16.061
88.16.070
88.16.090
88.16.100
88.16.102
88.16.103
88.16.105
88.16.107
88.16.110
88.16.115
88.16.118
88.16.120
88.16.130
88.16.135
88.16.140
88.16.150
88.16.155
88.16.160
88.16.170
88.16.180
88.16.190
88.16.195
88.16.200
Unlicensed
Legislative declaration of policy and intent.
Board of pilotage commissioners—Created—Chairperson—
Members—Terms—Qualifications—Vacancies—
Quorum.
Board of pilotage commissioners—Office—Compensation
and travel expenses of members—Employment of personnel.
Board of pilotage commissioners—Powers and duties generally.
Oaths and subpoenas—Compelling attendance of witnesses—Contempt.
Pilotage districts and waters affected.
Pilotage account.
Vessels exempted and included under chapter—Fee—
Penalty.
Pilots’ licenses—Qualifications—Duration—Annual fee—
Written and oral examinations—Physical examinations—Familiarization trips—Penalty—Reporting requirements.
Pilots’ licenses—Revocation, suspension, etc., of—
Reprimand or fine—Other disciplinary actions—
Procedure—Judicial review.
Pilots’ licenses—Mandatory termination of.
Mandatory rest periods for pilots—Rules—Pilot to refuse
assignment, when, report—Penalty.
Size and type of vessels prescribed for newly licensed pilot—Rules.
Pilots may testify without sanctions for doing so.
Pilots to file quarterly report—Contents.
Limiting liability of pilots—Deemed in public interest.
Limiting liability of pilots—Liability of vessel, owner, or
operator not limited.
Failure to observe pilotage rate—Penalty.
Unlicensed pilot liable for payment of rates—Penalty for
refusing to employ licensed pilot.
Assignment of pilots to vessels—Request that pilot not be
assigned—Hearing on request.
Pilot’s lien for compensation.
General penalty—Civil penalty—Jurisdiction—Disposition
of fines—Failure to inform of special directions, gross
misdemeanor.
Vessel master to make certification before pilotage service
offered—Procedure upon refusal—Rules—Penalties—
Exception.
Severability and short title.
Oil tankers—Intent and purpose.
Oil tankers—State licensed pilot required.
Oil tankers—Restricted waters—Standard safety features
required—Exemptions.
Oil tankers—Not to exceed speed of escorting tug.
Vessel designed to carry liquefied natural or propane gas to
adhere to oil tanker provisions.
pilotage: RCW 88.08.060.
88.16.005 Legislative declaration of policy and
intent. The legislature finds and declares that it is the
policy of the state of Washington to prevent the loss of
(2002 Ed.)
88.08.060
human lives, loss of property and vessels, and to protect the
marine environment of the state of Washington through the
sound application of compulsory pilotage provisions in
certain of the state waters.
The legislature further finds and declares that it is a
policy of the state of Washington to have pilots experienced
in the handling of vessels aboard vessels in certain of the
state waters with prescribed qualifications and licenses issued
by the state.
It is the intent of the legislature to ensure against the
loss of lives, loss or damage to property and vessels, and to
protect the marine environment through the establishment of
a board of pilotage commissioners representing the interests
of the people of the state of Washington.
It is the further intent of the legislature not to place in
jeopardy Washington’s position as an able competitor for
waterborne commerce from other ports and nations of the
world, but rather to continue to develop and encourage such
commerce. [1977 ex.s. c 337 § 1.]
Severability—1977 ex.s. c 337: "If any provision of this 1977
amendatory act, or its application to any person or circumstance is held
invalid, the remainder of the act, or the application of the provision to other
persons or circumstances is not affected." [1977 ex.s. c 337 § 18.]
88.16.010 Board of pilotage commissioners—
Created— Chairperson—Members—Terms—
Qualifications—Vacancies—Quorum. (1) The board of
pilotage commissioners of the state of Washington is hereby
created and shall consist of the assistant secretary of marine
transportation of the department of transportation of the state
of Washington, or the assistant secretary’s designee who
shall be an employee of the marine division, who shall be
chairperson, the director of the department of ecology, or the
director’s designee, and seven members appointed by the
governor and confirmed by the senate. Each of the appointed commissioners shall be appointed for a term of four years
from the date of the member’s commission. No person shall
be eligible for appointment to the board unless that person
is at the time of appointment eighteen years of age or over
and a citizen of the United States and of the state of Washington. Two of the appointed commissioners shall be pilots
licensed under this chapter and actively engaged in piloting
upon the waters covered by this chapter for at least three
years immediately preceding the time of appointment and
while serving on the board. One pilot shall be from the
Puget Sound pilotage district and one shall be from the
Grays Harbor pilotage district. Two of the appointed
commissioners shall be actively engaged in the ownership,
operation, or management of deep sea cargo and/or passenger carrying vessels for at least three years immediately
preceding the time of appointment and while serving on the
board. One of said shipping commissioners shall be a
representative of American and one of foreign shipping.
One of the commissioners shall be a representative from a
recognized environmental organization concerned with
marine waters. The remaining commissioners shall be
persons interested in and concerned with pilotage, maritime
safety, and marine affairs, with broad experience related to
the maritime industry exclusive of experience as either a
state licensed pilot or as a shipping representative.
[Title 88 RCW—page 15]
88.16.010
Title 88 RCW: Navigation and Harbor Improvements
(2) Any vacancy in an appointed position on the board
shall be filled by the governor for the remainder of the
unfilled term, subject to confirmation by the senate.
(3) Five members of the board shall constitute a
quorum. At least one pilot, one shipping representative, and
one public member must be present at every meeting. All
commissioners and the chairperson shall have a vote. [2001
c 36 § 4; 1991 c 200 § 1001; 1987 c 485 § 1; 1979 ex.s. c
207 § 1; 1977 ex.s. c 337 § 2; 1977 ex.s. c 151 § 73; 1971
ex.s. c 292 § 58; 1935 c 18 § 1; RRS § 9871-1. Prior: 1888
p 175 § 1.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Severability—1971 ex.s. c 292: See note following RCW 26.28.010.
88.16.020 Board of pilotage commissioners—
Office—Compensation and travel expenses of members—
Employment of personnel. The department of transportation of the state of Washington shall be the office of the
board, and all records shall be kept in the office of the
department. Each pilotage commissioner shall be compensated in accordance with RCW 43.03.240 and shall be
reimbursed for travel expenses in accordance with RCW
43.03.050 and 43.03.060, to be paid out of the pilotage
account on vouchers approved by the chairperson of the
board: PROVIDED, That the sums received under this section shall not be considered compensation earnable as
defined pursuant to RCW 41.40.010(8).
The board is authorized to employ personnel, pursuant
to chapter 41.06 RCW, as necessary to conduct the business
of the board. [1984 c 287 § 111; 1977 ex.s. c 337 § 3; 1977
ex.s. c 151 § 74; 1975-’76 2nd ex.s. c 34 § 178; 1967 c 15
§ 1; 1941 c 184 § 1; 1935 c 18 § 2; RRS § 9871-2.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
Federal requirements—Severability—1977 ex.s. c 151: See RCW
47.98.070 and 47.98.080.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
88.16.035 Board of pilotage commissioners—Powers
and duties generally. The board of pilotage commissioners
shall:
(1) Adopt rules, pursuant to chapter 34.05 RCW as now
existing or hereafter amended, necessary for the enforcement
and administration of this chapter;
(2) License pilot applicants meeting the qualifications
and passing the examination as provided for in RCW
88.16.090 as now or hereafter amended and to establish
additional training requirements, including a program of
continuing education developed after consultation with pilot
organizations, including those located within the state of
Washington, as required to maintain a competent pilotage
service;
(3) Maintain a register of pilots, records of pilot
accidents and other history pertinent to pilotage, along with
a roster of vessels, agents, owners, operators, and masters
[Title 88 RCW—page 16]
necessary for the maintenance of a roster of persons interested in and concerned with pilotage and maritime safety;
(4) Annually fix the pilotage tariffs for pilotage services
performed aboard vessels as required by this chapter:
PROVIDED, That the board may fix extra compensation for
extra services to vessels in distress, for awaiting vessels, or
for being carried to sea on vessels against the will of the
pilot, and for such other services as may be determined by
the board;
(5) File annually with the governor and the chairs of the
transportation committees of the senate and house of
representatives a report which includes, but is not limited to,
the following: The number, names, addresses, ages, pilot
license number, and years of service as a Washington
licensed pilot of any person licensed by the board as a
Washington state pilot; the names, employment, and other
information of the members of the board; the total number
of pilotage assignments by pilotage district, including
information concerning the various types and sizes of vessels
and the total annual tonnage; the annual earnings of individual pilots before and after deduction for expenses of pilot
organizations, including extra compensation as a separate
category; the annual expenses of private pilot associations,
including personnel employed and capital expenditures; the
status of pilotage tariffs, extra compensation, and travel; the
retirement contributions paid to pilots and the disposition
thereof; the number of groundings, mishaps, or other incidents which are reported to or investigated by the board, and
which are determined to be accidents, as defined by the
board, including the vessel name, location of incident, pilot’s
name, and disposition of the case together with information
received before the board acted from all persons concerned,
including the United States coast guard; the names, qualifications, time scheduled for examinations, and the district of
persons desiring to apply for Washington state pilotage
licenses; summaries of dispatch records, quarterly reports
from pilots, and the bylaws and operating rules of pilotage
organizations; the names, sizes in deadweight tons, surcharges, if any, port of call, name of the pilot, and names and
horsepower of tug boats for any and all oil tankers subject
to the provisions of RCW 88.16.190 together with the names
of any and all vessels for which the United States coast
guard requires special handling pursuant to their authority
under the Ports and Waterways Safety Act of 1972; the
expenses of the board; and any and all other information
which the board deems appropriate to include;
(6) Publish a manual which includes the pilotage act and
other statutes of Washington state and the federal government which affect pilotage, including the rules of the board,
together with such additional information as may be informative for pilots, agents, owners, operators, and masters.
Such manual shall be distributed without cost to all pilots
and governmental agencies upon request. All other copies
shall be sold for a five dollar fee with proceeds to be
credited to the pilotage account;
(7) Appoint advisory committees and employ marine
experts as necessary to carry out its duties under this
chapter;
(8) Provide for the maintenance of efficient and competent pilotage service on all waters covered by this chapter;
and do such other things as are reasonable, necessary, and
expedient to insure proper and safe pilotage upon the waters
(2002 Ed.)
Pilotage Act
covered by this chapter and facilitate the efficient administration of this chapter. [1987 c 264 § 1; 1977 ex.s. c 337 § 4.]
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.040 Oaths and subpoenas—Compelling
attendance of witnesses—Contempt. Any member of the
board shall have power to administer oaths in any matter
before the board for consideration or inquiry and to issue
subpoenas requiring witnesses to appear before the board.
Such subpoenas shall be signed by a member of the board
and issued in the name of the state of Washington and be
served and returned, and mileage and witness fees shall be
paid in like manner and effect as in a civil action. A
witness wilfully disobeying such subpoena served upon the
witness shall be proceeded against upon complaint of the
board to the attorney general or the prosecuting attorney of
the county where the attendance of the witness was demanded as for a contempt of the authority of the superior
court of said county. [1987 c 485 § 2; 1967 c 15 § 9; 1935
c 18 § 14; RRS § 9871-14.]
88.16.050 Pilotage districts and waters affected.
This chapter shall apply to the pilotage districts of this state
as defined in this section.
(1) "Puget Sound pilotage district", whenever used in
this chapter, shall be construed to mean and include all the
waters of the state of Washington inside the international
boundary line between the state of Washington, the United
States and the province of British Columbia, Canada and
east of one hundred twenty-three degrees twenty-four
minutes west longitude.
(2) "Grays Harbor pilotage district" shall include all
inland waters, channels, waterways, and navigable tributaries
within Grays Harbor and Willapa Harbor. The boundary line
between Grays Harbor and Willapa Harbor and the high seas
shall be defined by the board. [1987 c 485 § 3; 1979 ex.s.
c 207 § 2; 1977 ex.s. c 337 § 5; 1971 ex.s. c 297 § 2; 1967
c 15 § 2; 1935 c 18 § 3; RRS § 9871-3.]
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.061 Pilotage account. The account in the
general fund designated in RCW 43.79.330(17) as the "Puget
Sound pilotage account" is hereby redesignated as the "pilotage account". [1967 c 15 § 11.]
88.16.070 Vessels exempted and included under
chapter—Fee—Penalty. A United States vessel on a
voyage in which it is operating exclusively on its coastwise
endorsement, its fishery endorsement (including catching and
processing its own catch outside United States waters and
economic zone for delivery in the United States), and/or its
recreational (or pleasure) endorsement, and all United States
and Canadian vessels engaged exclusively in the coasting
trade on the west coast of the continental United States
(including Alaska) and/or British Columbia shall be exempt
from the provisions of this chapter unless a pilot licensed
under this chapter be actually employed, in which case the
pilotage rates provided for in this chapter shall apply.
However, the board shall, upon the written petition of any
interested party, and upon notice and opportunity for hearing,
grant an exemption from the provisions of this chapter to
(2002 Ed.)
88.16.035
any vessel that the board finds is a small passenger vessel or
yacht which is not more than five hundred gross tons (international), does not exceed two hundred feet in length, and
is operated exclusively in the waters of the Puget Sound
pilotage district and lower British Columbia. Such an
exemption shall not be detrimental to the public interest in
regard to safe operation preventing loss of human lives, loss
of property, and protecting the marine environment of the
state of Washington. Such petition shall set out the general
description of the vessel, the contemplated use of same, the
proposed area of operation, and the name and address of the
vessel’s owner. The board shall annually, or at any other
time when in the public interest, review any exemptions
granted to this specified class of small vessels to insure that
each exempted vessel remains in compliance with the
original exemption. The board shall have the authority to
revoke such exemption where there is not continued compliance with the requirements for exemption. The board shall
maintain a file which shall include all petitions for exemption, a roster of vessels granted exemption, and the board’s
written decisions which shall set forth the findings for grants
of exemption. Each applicant for exemption or annual
renewal shall pay a fee, payable to the pilotage account.
Fees for initial applications and for renewals shall be
established by rule, and shall not exceed one thousand five
hundred dollars. The board shall report annually to the
legislature on such exemptions. Every vessel not so exempt,
shall while navigating the Puget Sound and Grays Harbor
and Willapa Bay pilotage districts, employ a pilot licensed
under the provisions of this chapter and shall be liable for
and pay pilotage rates in accordance with the pilotage rates
herein established or which may hereafter be established
under the provisions of this chapter: PROVIDED, That any
vessel inbound to or outbound from Canadian ports is
exempt from the provisions of this section, if said vessel
actually employs a pilot licensed by the Pacific pilotage
authority (the pilot licensing authority for the western district
of Canada), and if it is communicating with the vessel traffic
system and has appropriate navigational charts, and if said
vessel uses only those waters east of the international
boundary line which are west of a line which begins at the
southwestern edge of Point Roberts then to Alden Point
(Patos Island), then to Skipjack Island light, then to Turn
Point (Stuart Island), then to Kellet Bluff (Henry Island),
then to Lime Kiln (San Juan Island) then to the intersection
of one hundred twenty-three degrees seven minutes west
longitude and forty-eight degrees twenty-five minutes north
latitude then to the international boundary. The board shall
correspond with the Pacific pilotage authority from time to
time to ensure the provisions of this section are enforced. If
any exempted vessel does not comply with these provisions
it shall be deemed to be in violation of this section and
subject to the penalties provided in RCW 88.16.150 as now
or hereafter amended and liable to pilotage fees as determined by the board. The board shall investigate any
accident on the waters covered by this chapter involving a
Canadian pilot and shall include the results in its annual
report. [1996 c 144 § 1; 1995 c 174 § 1; 1987 c 194 § 2;
1977 ex.s. c 337 § 6; 1971 ex.s. c 297 § 3; 1967 c 15 § 3;
1935 c 18 § 4; RRS § 9871-4.]
Intent—1987 c 194: "The legislature intends to provide a limited
exemption from the provisions of this chapter for a specified class of small
[Title 88 RCW—page 17]
88.16.070
Title 88 RCW: Navigation and Harbor Improvements
vessels registered as passenger vessels or yachts. It is not the intent of the
legislature that such an exemption shall be a precedent for future exemptions of other classes of vessels from the provisions of this chapter." [1987
c 194 § 1.]
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.090 Pilots’ licenses—Qualifications—
Duration—Annual fee—Written and oral examinations—
Physical examinations—Familiarization trips—Penalty—
Reporting requirements. (1) A person may pilot any
vessel subject to the provisions of this chapter on waters
covered by this chapter only if appointed and licensed to
pilot such vessels on said waters under and pursuant to the
provisions of this chapter.
(2) A person is eligible to be appointed a pilot if the
person is a citizen of the United States, over the age of
twenty-five years and under the age of seventy years, a
resident of the state of Washington at the time of appointment and only if the pilot applicant holds as a minimum, a
United States government license as a master of ocean or
near coastal steam or motor vessels of not more than one
thousand six hundred gross tons or as a master of inland
steam or motor vessels of not more than one thousand six
hundred gross tons, such license to have been held by the
applicant for a period of at least two years prior to taking the
Washington state pilotage examination and a first class
United States endorsement without restrictions on that
license to pilot in the pilotage districts for which the pilot
applicant desires to be licensed, and if the pilot applicant
meets such other qualifications as may be required by the
board. A person applying for a license under this section
shall not have been convicted of an offense involving drugs
or the personal consumption of alcohol in the twelve months
prior to the date of application. This restriction does not
apply to license renewals under this section.
(3) Pilots shall be licensed hereunder for a term of five
years from and after the date of the issuance of their
respective state licenses. Such licenses shall thereafter be
renewed as of course, unless the board shall withhold same
for good cause. Each pilot shall pay to the state treasurer an
annual license fee as follows: For the period beginning July
1, 1995, through June 30, 2001, the fee shall be two thousand five hundred dollars; and for the period beginning July
1, 2001, the fee shall be three thousand dollars. The fees
shall be deposited in the state treasury to the credit of the pilotage account. The board may assess partially active or
inactive pilots a reduced fee.
(4) Pilot applicants shall be required to pass a written
and oral examination administered and graded by the board
which shall test such applicants on this chapter, the rules of
the board, local harbor ordinances, and such other matters as
may be required to compliment [complement] the United
States examinations and qualifications. The board shall hold
examinations at such times as will, in the judgment of the
board, ensure the maintenance of an efficient and competent
pilotage service. An examination shall be scheduled for the
Puget Sound pilotage district if there are three or fewer
successful candidates from the previous examination who are
waiting to become pilots in that district.
(5) The board shall develop an examination and grading
sheet for each pilotage district, for the testing and grading of
pilot applicants. The examinations shall be administered to
[Title 88 RCW—page 18]
pilot applicants and shall be updated as required to reflect
changes in law, rules, policies, or procedures. The board
may appoint a special independent examination committee or
may contract with a firm knowledgeable and experienced in
the development of professional tests for development of
said examinations. Active licensed state pilots may be
consulted for the general development of examinations but
shall have no knowledge of the specific questions. The pilot
members of the board may participate in the grading of
examinations. If the board does appoint a special examination development committee it is authorized to pay the
members of said committee the same compensation and
travel expenses as received by members of the board. When
grading examinations the board shall carefully follow the
grading sheet prepared for that examination. The board shall
develop a "sample examination" which would tend to indicate to an applicant the general types of questions on pilot
examinations, but such sample questions shall not appear on
any actual examinations. Any person who willfully gives
advance knowledge of information contained on a pilot
examination is guilty of a gross misdemeanor.
(6) All pilots and applicants are subject to an annual
physical examination by a physician chosen by the board.
The physician shall examine the applicant’s heart, blood
pressure, circulatory system, lungs and respiratory system,
eyesight, hearing, and such other items as may be prescribed
by the board. After consultation with a physician and the
United States coast guard, the board shall establish minimum
health standards to ensure that pilots licensed by the state are
able to perform their duties. Within ninety days of the date
of each annual physical examination, and after review of the
physician’s report, the board shall make a determination of
whether the pilot or candidate is fully able to carry out the
duties of a pilot under this chapter. The board may in its
discretion check with the appropriate authority for any convictions of offenses involving drugs or the personal consumption of alcohol in the prior twelve months.
(7) The board shall prescribe, pursuant to chapter 34.05
RCW, a number of familiarization trips, between a minimum
number of twenty-five and a maximum of one hundred,
which pilot applicants must make in the pilotage district for
which they desire to be licensed. Familiarization trips any
particular applicant must make are to be based upon the
applicant’s vessel handling experience.
(8) The board may require vessel simulator training for
a pilot applicant and shall require vessel simulator training
for a pilot subject to RCW 88.16.105. The board shall also
require vessel simulator training in the first year of active
duty for a new pilot and at least once every five years for all
active pilots.
(9) The board shall prescribe, pursuant to chapter 34.05
RCW, such reporting requirements and review procedures as
may be necessary to assure the accuracy and validity of
license and service claims, and records of familiarization
trips of pilot candidates. Willful misrepresentation of such
required information by a pilot candidate shall result in
disqualification of the candidate.
(10) The board shall adopt rules to establish time
periods and procedures for additional training trips and
retesting as necessary for pilots who at the time of their
licensing are unable to become active pilots. [1999 sp.s. c
1 § 607; 1995 c 175 § 1; 1991 c 200 § 1002. Prior: 1990
(2002 Ed.)
Pilotage Act
c 116 § 27; 1990 c 112 § 1; 1987 c 264 § 2; 1986 c 122 §
1; 1981 c 303 § 1; 1979 ex.s. c 207 § 3; 1977 ex.s. c 337 §
7; 1967 c 15 § 5; 1935 c 18 § 8; RRS § 9871-8; prior: 1907
c 147 § 1; 1888 p 176 § 8.]
Severability—Effective date—1999 sp.s. c 1: See notes following
RCW 43.19.1906.
Effective date—1995 c 175: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1995." [1995 c 175 § 2.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.100 Pilots’ licenses—Revocation, suspension,
etc., of—Reprimand or fine—Other disciplinary actions—Procedure—Judicial review. (1) The board shall
have power on its own motion or, in its discretion, upon the
written request of any interested party, to investigate the
performance of pilotage services subject to this chapter and
to issue a reprimand, impose a fine against a pilot in an
amount not to exceed five thousand dollars, suspend,
withhold, or revoke the license of any pilot, or any combination of the above, for misconduct, incompetency, inattention
to duty, intoxication, or failure to perform his duties under
this chapter, or violation of any of the rules or regulations
provided by the board for the government of pilots. The
board may partially or totally stay any disciplinary action
authorized in this subsection and subsection (2) of this
section. The board shall have the power to require that a
pilot satisfactorily complete a specific course of training or
treatment.
(2) In all instances where a pilot licensed under this
chapter performs pilot services on a vessel exempt under
RCW 88.16.070, the board may on its own motion, or in its
discretion upon the written request of any interested party,
investigate whether the services were performed in a
professional manner consistent with sound maritime practices. If the board finds that the pilotage services were
performed in a manner that constitutes an act of incompetence, misconduct, or negligence so as to endanger life, limb,
or property, or violated or failed to comply with state laws
or regulations intended to promote marine safety or to
protect navigable waters, the board may issue a reprimand,
impose a fine against a pilot in an amount not to exceed five
thousand dollars, suspend, withhold, or revoke the state pilot
license, or any combination of the above. The board shall
have the power to require that a pilot satisfactorily complete
a specific course of training or treatment.
(3) The board shall implement a system of specified
disciplinary actions or corrective actions, including training
or treatment, that will be taken when a state licensed pilot in
a specified period of time has had multiple disciplinary
actions taken against the pilot’s license pursuant to subsections (1) and (2) of this section. In developing these
disciplinary or corrective actions, the board shall take into
account the cause of the disciplinary action and the pilot’s
previous record.
(4) The board shall immediately review the pilot’s
license of a pilot who has been convicted within the prior
(2002 Ed.)
88.16.090
twelve months of any offense involving drugs or the personal consumption of alcohol while on duty, including an
offense of operation of a vehicle or vessel while under the
influence of alcohol or drugs. After a hearing held pursuant
to subsection (5) of this section:
(a) The board shall order a pilot who has been found to
have been convicted within the prior twelve months of an
offense involving drugs or the personal consumption of
alcohol while on duty and who has not been convicted of another offense involving drugs or the personal consumption of
alcohol in the previous five years to actively participate in
and satisfactorily complete a specific program of treatment.
The board may impose other sanctions it determines are
appropriate. If the pilot does not satisfactorily complete the
program of treatment, the board shall suspend, revoke, or
withhold the pilot’s license until the treatment is completed;
and
(b) The board shall suspend for up to one year the
license of a pilot found to have been convicted within the
prior twelve months of a second or subsequent offense
involving drugs or the personal consumption of alcohol
while on duty.
(5) When the board determines that reasonable cause
exists to issue a reprimand, impose a fine, suspend, revoke,
or withhold any pilot’s license or require training or treatment under subsection (1), (2), or (4) of this section, it shall
forthwith prepare and personally serve upon such pilot a
notice advising him of the board’s intended action, the
specific grounds therefor, and the right to request a hearing
to challenge the board’s action. The pilot shall have thirty
days from the date on which notice is served to request a
full hearing before an administrative law judge on the issue
of the reprimand, fine, suspension, revocation, or withholding of his pilot’s license, or requiring treatment or training.
The board’s proposed reprimand, fine, suspension, revocation, or withholding of a license, or requiring treatment or
training shall become final upon the expiration of thirty days
from the date notice is served, unless a hearing has been
requested prior to that time. When a hearing is requested
the board shall request the appointment of an administrative
law judge under chapter 34.12 RCW who has sufficient
experience and familiarity with pilotage matters to be able to
conduct a fair and impartial hearing. The hearing shall be
governed by the provisions of Title 34 RCW. All final decisions of the administrative law judge shall be subject to
review by the superior court of the state of Washington for
Thurston county or by the superior court of the county in
which the pilot maintains his residence or principal place of
business, to which court any case with all the papers and
proceedings therein shall be immediately certified by the
administrative law judge if requested to do so by any party
to the proceedings at any time within thirty days after the
date of any such final decision. No appeal may be taken
after the expiration of thirty days after the date of final
decision. Any case so certified to the superior court shall be
tried de novo and after certification of the record to said
superior court the proceedings shall be had as in a civil
action. Moneys collected from fines under this section shall
be deposited in the pilotage account.
(6) The board shall have the power, on an emergency
basis, to temporarily suspend a state pilot’s license: (a)
When a pilot has been involved in any vessel accident where
[Title 88 RCW—page 19]
88.16.100
Title 88 RCW: Navigation and Harbor Improvements
there has been major property damage, loss of life, or loss
of a vessel, or (b) where there is a reasonable cause to
believe that a pilot has diminished mental capacity or is
under the influence of drugs, alcohol, or other substances,
when in the opinion of the board, such an accident or
physical or mental impairment would significantly diminish
that pilot’s ability to carry out pilotage duties and that the
public health, safety, and welfare requires such emergency
action. The board shall make a determination within
seventy-two hours whether to continue the suspension. The
board shall develop rules for exercising this authority
including procedures for the chairperson or vice-chairperson
of the board to temporarily order such suspensions, emergency meetings of the board to consider such suspensions, the
length of suspension, opportunities for hearings, and an
appeal process. The board shall develop rules under chapter
34.05 RCW.
(7) The board shall immediately notify the United States
coast guard that it has revoked or suspended a license
pursuant to this section and that a suspended or revoked
license has been reinstated. [1990 c 116 § 28; 1987 c 392
§ 1; 1986 c 121 § 1; 1981 c 67 § 36; 1977 ex.s. c 337 § 12;
1971 ex.s. c 297 § 4; 1935 c 18 § 13; RRS § 9871-13. Prior:
1888 p 178 § 10.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
Severability—1987 c 392: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1987 c 392 § 2.]
Severability—1986 c 121: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 121 § 2.]
Effective dates—Severability—1981 c 67: See notes following RCW
34.12.010.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.102 Pilots’ licenses—Mandatory termination
of. The license of all pilots shall be terminated upon the
pilot reaching the age of seventy: PROVIDED, That all
pilots licensed as of September 1, 1979 may continue
piloting and hold licenses until May 1, 1982. [1979 ex.s. c
207 § 4.]
88.16.103 Mandatory rest periods for pilots—
Rules—Pilot to refuse assignment, when, report—Penalty.
(1) Pilots, after completion of an assignment or assignments
which are seven hours or longer in duration, shall receive a
mandatory rest period of seven hours.
(2) A pilot shall refuse a pilotage assignment if the pilot
is physically or mentally fatigued or if the pilot has a
reasonable belief that the assignment cannot be carried out
in a competent and safe manner. Upon refusing an assignment as herein provided a pilot shall submit a written
explanation to the board within forty-eight hours. If the
board finds that the pilot’s written explanation is without
merit, or reasonable cause did not exist for the assignment
refusal, such pilot may be subject to the provisions of RCW
88.16.100.
(3) The board shall quarterly review the dispatch records
of pilot organizations or pilot’s quarterly reports to ensure
[Title 88 RCW—page 20]
the provisions of this section are enforced. The board may
prescribe rules for rest periods pursuant to chapter 34.05
RCW. [1986 c 122 § 2; 1977 ex.s. c 337 § 9.]
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.105 Size and type of vessels prescribed for
newly licensed pilot—Rules. The board shall prescribe,
pursuant to chapter 34.05 RCW, rules governing the size and
type of vessels which a newly licensed pilot may be assigned
to pilot on the waters of this state and whether the assignment involves docking or undocking a vessel. The rules
shall also prescribe required familiarization trips before a
newly licensed pilot may pilot a larger or different type of
vessel. Such rules shall be for the first five-year period in
which pilots are actually employed. [1991 c 200 § 1003;
1987 c 264 § 3; 1977 ex.s. c 337 § 10.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.107 Pilots may testify without sanctions for
doing so. Any pilot licensed pursuant to this chapter may
appear or testify before the legislature or board of pilotage
commissioners and no person shall place any sanction
against said pilot for having testified or appeared. [1977
ex.s. c 337 § 15.]
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.110 Pilots to file quarterly report—Contents.
(1) Every pilot licensed under this chapter shall file with the
board not later than the tenth day of January, April, July and
October of each year a report for the preceding quarter.
Said report shall contain an account of all moneys received
for pilotage by him or her or by any other person for the
pilot or on the pilot’s account or for his or her benefit. Said
report shall state the name of each vessel piloted, the amount
charged to and/or collected from each vessel, the port of
registry of such vessel, its dead weight tonnage, whether it
was inward or outward bound, whether the amount so received, collected or charged is in full payment of pilotage
and such other information as the board shall by regulation
prescribe.
(2) The report shall include information for each vessel
that suffers a grounding, collision, or other major marine
casualty that occurred while the pilot was on duty during the
reporting period. The report shall also include information
on near miss incidents as defined in RCW 88.46.100.
Information concerning near miss incidents provided pursuant to this section shall not be used for imposing any
sanctions or penalties. The board shall forward information
provided under this subsection to the department of ecology
for inclusion in the collision reporting system established
under RCW 88.46.100. [2001 c 36 § 5; 1991 c 200 § 1004;
1935 c 18 § 7; RRS § 9871-7. Prior: 1888 p 178 § 22.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
88.16.115 Limiting liability of pilots—Deemed in
public interest. The preservation of human life and
property associated with maritime commerce on the pilotage
waters of this state is declared to be in the public interest,
(2002 Ed.)
Pilotage Act
and the limitation and regulation of the liability of pilots
licensed by the state of Washington is necessary to such
preservation and is deemed to be in the public interest.
[1981 c 196 § 1.]
Report to legislature and governor—1981 c 196: "Prior to January
5, 1983, the board of pilotage commissioners shall forward to the legislature
and governor a report concerning the implementation of sections 1 through
3 of this act." [1981 c 196 § 4.] Sections 1 through 3 of this act consist
of the enactment of RCW 88.16.115, 88.16.116, and 88.16.117.
88.16.118 Limiting liability of pilots—Liability of
vessel, owner, or operator not limited. A ship’s pilot
licensed to act as such by the state of Washington shall not
be liable for damages in excess of the amount of five thousand dollars for damages or loss occasioned by the pilot’s
errors, omissions, fault, or neglect in the performance of
pilotage services, except as may arise by reason of the wilful
misconduct or gross negligence of the pilot.
When a pilot boards a vessel, that pilot becomes a
servant of the vessel and its owner and operator. Nothing in
this section exempts the vessel, its owner or operator from
liability for damage or loss occasioned by that ship to a
person or property on the ground that (1) the ship was
piloted by a Washington state licensed pilot, or (2) the
damage or loss was occasioned by the error, omission, fault,
or neglect of a Washington state licensed pilot. [1984 c 69
§ 1.]
88.16.120 Failure to observe pilotage rate—Penalty.
No pilot shall charge, collect or receive and no person, firm,
corporation or association shall pay for pilotage or other
services performed hereunder any greater, less or different
amount, directly or indirectly, than the rates or charges
herein established or which may be hereafter fixed by the
board pursuant to this chapter. Any pilot, person, firm,
corporation or association violating the provisions of this
section shall be guilty of a misdemeanor and shall be
punished pursuant to RCW 88.16.150 as now or hereafter
amended, said prosecution to be conducted by the attorney
general or the prosecuting attorney of any county wherein
the offense or any part thereof was committed. [1987 c 485
§ 4; 1977 ex.s. c 337 § 13; 1967 c 15 § 4; 1935 c 18 § 6;
RRS § 9871-6.]
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.130 Unlicensed pilot liable for payment of
rates—Penalty for refusing to employ licensed pilot. Any
person not holding a license as pilot under the provisions of
this chapter who pilots any vessel subject to the provisions
of this chapter on waters covered by this chapter shall pay
to the board the pilotage rates payable under the provisions
of this chapter. Any master or owner of a vessel required to
employ a pilot licensed under the provisions of this chapter
who refuses to do so when such a pilot is available shall be
punished pursuant to RCW 88.16.150 as now or hereafter
amended and shall be imprisoned in the county jail of the
county wherein he is so convicted until said fine and the
costs of his prosecution are paid. [1977 ex.s. c 337 § 14;
1967 c 15 § 8; 1935 c 18 § 11; RRS § 9871-11. Prior:
1907 c 147 § 4.]
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
(2002 Ed.)
88.16.115
88.16.135 Assignment of pilots to vessels—Request
that pilot not be assigned—Hearing on request. Any
steamship company or agent may submit a request in writing
to the board that a particular pilot not be assigned to pilot
that company’s vessels. The request shall be based on
specific safety concerns of the steamship company or agent.
The board shall notify interested persons and hold a
hearing on that request, and either approve or disapprove the
request. If the request is approved, the board shall notify the
affected pilot and give the pilot a specific list of vessels for
which that pilot shall not provide pilotage services. [1987 c
485 § 6.]
88.16.140 Pilot’s lien for compensation. Each vessel,
its tackle, apparel and furniture and the owner thereof shall
be jointly and severally liable for the compensation of any
pilot employed thereon and such pilot shall have a lien upon
such vessel, her tackle, apparel and furniture for such
compensation. [1935 c 18 § 15; RRS § 9871-15. Prior:
1907 c 147 § 2; 1888 p 178 § 23.]
88.16.150 General penalty—Civil penalty—
Jurisdiction—Disposition of fines—Failure to inform of
special directions, gross misdemeanor. (1) In all cases
where no other penalty is prescribed in this chapter, any
violation of this chapter or of any rule or regulation of the
board shall be punished as a gross misdemeanor, and all
violations may be prosecuted in any court of competent
jurisdiction in any county where the offense or any part
thereof was committed. In any case where the offense was
committed upon a ship, boat or vessel, and there is doubt as
to the proper county, the same may be prosecuted in any
county through any part of which the ship, boat or vessel
passed, during the trip upon which the offense was committed. All fines collected for any violation of this chapter or
any rule or regulation of the board shall within thirty days be
paid by the official collecting the same to the state treasurer
and shall be credited to the pilotage account: PROVIDED,
That all fees, fines, forfeitures and penalties collected or
assessed by a district court because of the violation of a state
law shall be remitted as provided in chapter 3.62 RCW as
now exists or is later amended.
(2) Notwithstanding any other penalty imposed by this
section, any person who shall violate the provisions of this
chapter, shall be liable to a maximum civil penalty of ten
thousand dollars for each violation. The board may request
the attorney general or the prosecuting attorney of the county
in which any violation of this chapter occurs to bring an
action for imposing the civil penalties provided for in this
subsection.
Moneys collected from civil penalties shall be deposited
in the pilotage account.
(3) Any master of a vessel who shall knowingly fail to
inform the pilot dispatched to said vessel or any agent,
owner, or operator, who shall knowingly fail to inform the
pilot dispatcher, or any dispatcher who shall knowingly fail
to inform the pilot actually dispatched to said vessel of any
special directions mandated by the coast guard captain of the
port under authority of the Ports and Waterways Safety Act
of 1972, as amended, for the handling of such vessel shall be
[Title 88 RCW—page 21]
88.16.150
Title 88 RCW: Navigation and Harbor Improvements
guilty of a gross misdemeanor. [1995 c 174 § 2. Prior:
1987 c 485 § 5; 1987 c 202 § 247; 1977 ex.s. c 337 § 8;
1969 ex.s. c 199 § 41; 1967 c 15 § 7; 1935 c 18 § 10; RRS
§ 9871-10; prior: 1888 p 179 § 27.]
Intent—1987 c 202: See note following RCW 2.04.190.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.155 Vessel master to make certification before
pilotage service offered—Procedure upon refusal—
Rules—Penalties—Exception. (1) The master of any vessel
which employs a Washington licensed pilot shall certify on
a form prescribed by the board of pilotage commissioners
that the vessel complies with:
(a) Such provisions of the United States coast guard
regulations governing the safety and navigation of vessels in
United States waters, as codified in Title 33 of the code of
federal regulations, as the board may prescribe; and
(b) The provisions of current international agreements
governing the safety, radio equipment, and pollution of
vessels and other matters as ratified by the United States
Senate and prescribed by the board.
(2) The master of any vessel which employs a Washington licensed pilot shall be prepared to produce, and any
Washington licensed pilot employed by a vessel shall request
to see, certificates of the vessel which certify and indicate
that the vessel complies with subsection (1) of this section
and the rules of the board promulgated pursuant to subsection (1) of this section.
(3) If the master of a vessel which employs a Washington licensed pilot cannot certify that the vessel complies with
subsection (1) of this section and the rules of the board
adopted pursuant to subsection (1) of this section, the master
shall certify that:
(a) The vessel will comply with subsection (1) of this
section before the time the vessel is scheduled to leave the
waters of Washington state; and
(b) The coast guard captain of the port was notified of
the noncomplying items when they were determined; and
(c) The coast guard captain of the port has authorized
the vessel to proceed under such conditions as prescribed by
the coast guard pursuant to its authority under federal
statutes and regulations.
(4) After the board has prescribed the form required
under subsection (1) of this section, no Washington licensed
pilot shall offer pilotage services to any vessel on which the
master has failed to make a certification required by this
section. If the master fails to make a certification the pilot
shall:
(a) Disembark from the vessel as soon as practicable;
and
(b) Immediately inform the port captain of the conditions and circumstances by the best possible means; and
(c) Forward a written report to the board no later than
twenty-four hours after disembarking from the vessel.
(5) Any Washington licensed pilot who offers pilotage
services to a vessel on which the master has failed to make
a certification required by this section or the rules of the
board adopted under this section shall be subject to RCW
88.16.150, as now or hereafter amended, and RCW
88.16.100, as now or hereafter amended.
[Title 88 RCW—page 22]
(6) The board shall revise the requirements enumerated
in this section as necessary to reflect changes in coast guard
regulations, federal statutes, and international agreements.
All actions of the board under this section shall comply with
chapters 34.05 and 42.30 RCW. The board shall prescribe
the time of and method for retention of forms which have
been signed by the master of a vessel in accordance with the
provisions of this section.
(7) This section shall not apply to the movement of
dead ships. The board shall prescribe pursuant to chapter
34.05 RCW, after consultation with the coast guard and
interested persons, for the movement of dead ships and the
certification process thereon. [1977 ex.s. c 337 § 11.]
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
88.16.160 Severability and short title. If any section,
subsection, sentence, clause or phrase of this chapter is for
any reason held to be invalid, such decision shall not affect
the validity of the remaining provisions of this chapter. This
chapter may be cited as the "Pilotage Act." [1967 c 15 § 10;
1935 c 18 § 17; RRS § 9871-16.]
88.16.170 Oil tankers—Intent and purpose.
Because of the danger of spills, the legislature finds that the
transportation of crude oil and refined petroleum products by
tankers on the Columbia river and on Puget Sound and
adjacent waters creates a great potential hazard to important
natural resources of the state and to jobs and incomes
dependent on these resources.
The legislature recognizes that the Columbia river has
many natural obstacles to navigation and shifting navigation
channels that create the risk of an oil spill. The legislature
also recognizes Puget Sound and adjacent waters are a
relatively confined salt water environment with irregular
shorelines and therefore there is a greater than usual likelihood of long-term damage from any large oil spill.
The legislature further recognizes that certain areas of
the Columbia river and Puget Sound and adjacent waters
have limited space for maneuvering a large oil tanker and
that these waters contain many natural navigational obstacles
as well as a high density of commercial and pleasure boat
traffic.
For these reasons, it is important that large oil tankers
be piloted by highly skilled persons who are familiar with
local waters and that such tankers have sufficient capability
for rapid maneuvering responses.
It is therefore the intent and purpose of RCW 88.16.180
and 88.16.190 to decrease the likelihood of oil spills on the
Columbia river and on Puget Sound and its shorelines by
requiring all oil tankers above a certain size to employ
licensed pilots and to be escorted by a tug or tugs while
navigating on certain areas of Puget Sound and adjacent
waters. [1991 c 200 § 601; 1975 1st ex.s. c 125 § 1.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Severability—1975 1st ex.s. c 125: "If any provision of this act, or
its application to any person or circumstance is held invalid, the remainder
of the act, or the application of the provision to other persons or circumstances is not affected." [1975 1st ex.s. c 125 § 6.]
Study authorized and directed: "The House and Senate Transportation and Utilities Committees are authorized and directed to study the
feasibility, benefits, and disadvantages of requiring similar pilot and tug
(2002 Ed.)
Pilotage Act
88.16.170
assistance for vessels carrying other potentially hazardous materials and to
submit their findings and recommendations prior to the 45th session of the
Washington legislature in January, 1977. Such study shall also include a
report on the feasibility, benefits and disadvantages of requiring vessels
under tug escort to observe a speed limit, and such study shall include a
discussion of the impact of a speed limit on the maneuverability of the
vessel, the effectiveness of the tug escort and other legal and technical
considerations material and relevant to the required study. Such study shall
also include an evaluation and recommendations as to whether there should
be a transfer of all duties and responsibilities of the board of pilotage
commissioners to the Washington utilities and transportation commission or
other state agency, and alternate methods for establishing fair and equitable
rates for tug escort and pilot transfer." [1975 1st ex.s. c 125 § 5.]
Discharge of oil and hazardous substances into state waters: RCW
90.56.010 through 90.56.040.
deadweight of less than forty thousand deadweight tons at
the time of construction or reconstruction as reported in
Lloyd’s Register of Ships is not subject to the provisions of
RCW 88.16.170 through 88.16.190. [1994 c 52 § 1; 1975
1st ex.s. c 125 § 3.]
88.16.180 Oil tankers—State licensed pilot required.
Notwithstanding the provisions of RCW 88.16.070, any
registered oil tanker of five thousand gross tons or greater,
shall be required:
(1) To take a Washington state licensed pilot while
navigating Puget Sound and adjacent waters and shall be
liable for and pay pilotage rates pursuant to RCW 88.16.035;
and
(2) To take a licensed pilot while navigating the
Columbia river. [1991 c 200 § 602; 1983 c 3 § 231; 1975
1st ex.s. c 125 § 2.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Severability—1975 1st ex.s. c 125: See notes following RCW
88.16.170.
88.16.190 Oil tankers—Restricted waters—
Standard safety features required—Exemptions. (1) Any
oil tanker, whether enrolled or registered, of greater than one
hundred and twenty-five thousand deadweight tons shall be
prohibited from proceeding beyond a point east of a line
extending from Discovery Island light south to New
Dungeness light.
(2) An oil tanker, whether enrolled or registered, of
forty to one hundred and twenty-five thousand deadweight
tons may proceed beyond the points enumerated in subsection (1) if such tanker possesses all of the following standard
safety features:
(a) Shaft horsepower in the ratio of one horsepower to
each two and one-half deadweight tons; and
(b) Twin screws; and
(c) Double bottoms, underneath all oil and liquid cargo
compartments; and
(d) Two radars in working order and operating, one of
which must be collision avoidance radar; and
(e) Such other navigational position location systems as
may be prescribed from time to time by the board of
pilotage commissioners:
PROVIDED, That, if such forty to one hundred and
twenty-five thousand deadweight ton tanker is in ballast or
is under escort of a tug or tugs with an aggregate shaft
horsepower equivalent to five percent of the deadweight tons
of that tanker, subsection (2) of this section shall not apply:
PROVIDED FURTHER, That additional tug shaft horsepower equivalencies may be required under certain conditions as
established by rule and regulation of the Washington utilities
and transportation commission pursuant to chapter 34.05
RCW: PROVIDED FURTHER, That a tanker assigned a
(2002 Ed.)
Severability—1975 1st ex.s. c 125: See note following RCW
88.16.170.
88.16.195 Oil tankers—Not to exceed speed of
escorting tug. An oil tanker under escort of a tug or tugs
pursuant to the provisions of RCW 88.16.190 shall not
exceed the service speed of the tug or tugs that are escorting
the oil tanker. [1990 c 116 § 26.]
88.16.200 Vessel designed to carry liquefied natural
or propane gas to adhere to oil tanker provisions. Any
vessel designed for the purpose of carrying as its cargo
liquefied natural or propane gas shall adhere to the provisions of RCW 88.16.190(2) as though it were an oil tanker.
[1991 c 200 § 603; 1977 ex.s. c 337 § 16.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Severability—1977 ex.s. c 337: See note following RCW 88.16.005.
Chapter 88.24
WHARVES AND LANDINGS
Sections
88.24.010
88.24.020
88.24.030
88.24.040
Right of riparian owner to construct—Rates.
County may authorize wharves and prescribe rates.
City or town may authorize wharves—Rates—Liability.
Construction requirements of wharves—When deemed incomplete.
88.24.070 County acquisition by condemnation of right-of-way.
Powers of cities and towns relative to docks and other appurtenances to
harbors and shipping: RCW 35.22.280, 35.23.440, and 35A.11.020.
Powers of port districts as to wharves, landings, etc.: Chapter 53.08 RCW.
88.24.010 Right of riparian owner to construct—
Rates. Any person owning land adjoining any navigable
waters or watercourse, within or bordering upon this state,
may erect upon his own land any wharf or wharves, and
may extend them so far into said waters or watercourses as
the convenience of shipping may require; and he may charge
for wharfage such rates as shall be reasonable: PROVIDED,
That he shall at all times leave sufficient room in the
channel for the ordinary purposes of navigation. [Code 1881
§ 3271; 1863 p 531 § 1; 1860 p 326 § 1; 1854 p 357 § 1;
RRS § 9613.]
88.24.020 County may authorize wharves and
prescribe rates. (1) Whenever any person shall be desirous
of erecting any wharf at the terminus of any public highway,
or at any accustomed landing place, he may apply to the
county commissioners of the proper county, who, if they
shall be satisfied that the public convenience requires said
wharf, may authorize the same to be erected and kept up for
any length of time not exceeding twenty years. And they
shall annually prescribe the rates of wharfage and charges
[Title 88 RCW—page 23]
88.24.020
Title 88 RCW: Navigation and Harbor Improvements
thereon, but there shall be no charge for the landing of
passengers or their baggage. (2) No such authority shall be
granted to any person other than the owner of the land where
the wharf is proposed to be erected, unless such owner shall
neglect to apply for such authority; and whenever application
shall be made for such authority by any person other than
such owner, the board of county commissioners shall not
grant the same unless proof shall be made that the applicant
caused notice in writing of his intention to make such
application, to be given by posting up at least three notices
in public places in the neighborhood where the proposed
wharf is to be erected and one notice at the county court
house, twenty days prior to any regular session of the board
of county commissioners at which application shall be made
and by serving a copy of said notice in writing upon such
owner of the land, if residing in the county, at least ten days
before the session of the board of county commissioners at
which the application is made. (3) When such application is
heard, if the owner of such land applies for such authority
and files his undertaking with one or more sureties to be
approved by the county commissioners in a sum not less
than one hundred dollars nor more than five hundred dollars,
to be fixed by the county commissioners, conditioned that
such person will erect said wharf within the time therein limited, to be fixed by the county commissioners, and maintain
the same and keep said wharf according to law; and if
default shall at any time be made in the condition of such
undertaking damages not exceeding the penalty may be
recovered by any person aggrieved before any court having
competent jurisdiction, then said county commissioners shall
authorize such owner of the land to erect and keep such
wharf. (4) If such owner of the land does not apply as
aforesaid the commissioners may authorize the same to be
erected and kept by such applicant upon his entering into an
undertaking as required of such owner of the land. [1893 c
49 § 1; Code 1881 § 3272; 1863 p 531 § 2; 1854 p 537 § 2;
RRS § 9614.]
88.24.030 City or town may authorize wharves—
Rates—Liability. Whenever any person or persons shall be
desirous of erecting a wharf at the terminus of any street of
any incorporated town or city in the state, he or they may
apply to the municipal authorities of such town or city who,
if they shall be satisfied that the public convenience requires
said wharf, may authorize the same to be erected and kept
in repair for any length of time not exceeding ten years; and
every person building, owning or occupying a wharf in this
state, upon which wharfage is charged and received, shall be
held accountable to the owner or owners, consignees or
agents, for any and all damage done to property stored upon,
or passing over said wharf, in consequence of the unfinished,
incomplete, or insufficient condition of said wharf; and every
such person shall post or cause to be posted in a conspicuous
place on said wharf the established rates of wharfage, noting
passengers and their baggage free. [Code 1881 § 3273;
1863 p 531 § 3; RRS § 9615.]
88.24.040 Construction requirements of wharves—
When deemed incomplete. All wharves now standing, or
hereafter to be built, in this state, shall be deemed insufficient, incomplete and unfinished unless they have good and
[Title 88 RCW—page 24]
substantial banisters or railing on the sides thereof, or a strip
of hewn timber at least eight by ten inches square, well
secured all around said wharves within ten inches of the
outer edge thereof, except at the ends. [Code 1881 § 3274;
1863 p 532 § 4; 1860 p 327 § 2; RRS § 9616.]
88.24.070 County acquisition by condemnation of
right-of-way. In cases where a person or persons, firm or
corporation has acquired a right, title or interest in and to the
tidelands or other lands over which it is proposed to build,
construct or maintain such wharf or landing, whether such
interest be a title in fee simple or as lessee or under contract
of purchase or otherwise, and the board of county commissioners shall be unable to agree with the person, persons,
firm or corporation claiming such interest or title as to the
compensation to be paid for the taking of such strip of
tidelands or other lands, then and in that case such board of
county commissioners may by an order direct proceedings to
procure a right-of-way over said tidelands or other lands to
be brought in the superior court by the prosecuting attorney
in the manner provided by law, for the taking of private
property for public use, and to that end are hereby authorized to institute and maintain in the name of the county the
proceedings provided by the laws of this state for the appropriation of lands and other property by counties for public
use. [1903 c 20 § 3; RRS § 9619.]
Chapter 88.26
PRIVATE MOORAGE FACILITIES
Sections
88.26.010
88.26.020
Definitions.
Securing vessels—Notice—Moving vessels ashore—
Regaining possession—Abandoned vessels—Public sale.
88.26.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Charges" means charges of a private moorage
facility operator for moorage and storage, all other charges
owing to or that become owing under a contract between a
vessel owner and the private moorage facility operator, or
any costs of sale and related legal expenses for implementing
RCW 88.26.020.
(2) "Vessel" means every watercraft used or capable of
being used as a means of transportation on the water.
"Vessel" includes any trailer used for the transportation of
watercraft.
(3) "Private moorage facility" means any properties or
facilities owned or operated by a private moorage facility
operator that are capable of use for the moorage or storage
of vessels.
(4) "Private moorage facility operator" means every
natural person, firm, partnership, corporation, association,
organization, or any other legal entity, employee, or their
agent, that owns or operates a private moorage facility.
Private moorage facility operation does not include a
"moorage facility operator" as defined in RCW 53.08.310.
(5) "Owner" means every natural person, firm, partnership, corporation, association, or organization, or their agent,
(2002 Ed.)
Private Moorage Facilities
with actual or apparent authority, who expressly or impliedly
contracts for use of a moorage facility.
(6) "Transient vessel" means a vessel using a private
moorage facility and that belongs to an owner who does not
have a moorage agreement with the private moorage facility
operator. Transient vessels include, but are not limited to,
vessels seeking a harbor or refuge, day use, or overnight use
of a private moorage facility on a space-as-available basis.
[1993 c 474 § 1.]
88.26.020 Securing vessels—Notice—Moving vessels
ashore—Regaining possession—Abandoned vessels—
Public sale. (1) Any private moorage facility operator may
take reasonable measures, including the use of chains, ropes,
and locks, or removal from the water, to secure vessels
within the private moorage facility so that the vessels are in
the possession and control of the operator and cannot be
removed from the facility. These procedures may be used
if an owner mooring or storing a vessel at the facility fails,
after being notified that charges are owing and of the
owner’s right to commence legal proceedings to contest that
such charges are owing, to pay charges owed or to commence legal proceedings. Notification shall be by two
separate letters, one sent by first class mail and one sent by
registered mail to the owner and any lienholder of record at
the last known address. In the case of a transient vessel, or
where no address was furnished by the owner, the operator
need not give notice prior to securing the vessel. At the
time of securing the vessel, an operator shall attach to the
vessel a readily visible notice. The notice shall be of a
reasonable size and shall contain the following information:
(a) The date and time the notice was attached;
(b) A statement that if the account is not paid in full
within ninety days from the time the notice is attached the
vessel may be sold at public auction to satisfy the charges;
and
(c) The address and telephone number where additional
information may be obtained concerning release of the
vessel.
After a vessel is secured, the operator shall make a
reasonable effort to notify the owner and any lienholder of
record by registered mail in order to give the owner the
information contained in the notice.
(2) A private moorage facility operator, at his or her
discretion, may move moored vessels ashore for storage
within properties under the operator’s control or for storage
with a private person under their control as bailees of the
private moorage facility, if the vessel is, in the opinion of
the operator, a nuisance, in danger of sinking or creating
other damage, or is owing charges. The costs of any such
procedure shall be paid by the vessel’s owner.
(3) If a vessel is secured under subsection (1) of this
section or moved ashore under subsection (2) of this section,
the owner who is obligated to the private operator for
charges may regain possession of the vessel by:
(a) Making arrangements satisfactory with the operator
for the immediate removal of the vessel from the facility or
for authorized moorage; and
(b) Making payment to the operator of all charges, or by
posting with the operator a sufficient cash bond or other
acceptable security, to be held in trust by the operator
(2002 Ed.)
88.26.010
pending written agreement of the parties with respect to
payment by the vessel owner of the amount owing, or
pending resolution of the matter of the charges in a civil
action in a court of competent jurisdiction. After entry of
judgment, including any appeals, in a court of competent
jurisdiction, or after the parties reach agreement with respect
to payment, the trust shall terminate and the operator shall
receive so much of the bond or other security as agreed, or
as is necessary, to satisfy any judgment, costs, and interest
as may be awarded to the operator. The balance shall be
refunded immediately to the owner at the last known
address.
(4) If a vessel has been secured by the operator under
subsection (1) of this section and is not released to the
owner under the bonding provisions of this section within
ninety days after notifying or attempting to notify the owner
under subsection (1) of this section, the vessel is conclusively presumed to have been abandoned by the owner.
(5) If a vessel moored or stored at a private moorage
facility is abandoned, the operator may authorize the public
sale of the vessel by authorized personnel to the highest and
best bidder for cash as follows:
(a) Before the vessel is sold, the vessel owner and any
lienholder of record shall be given at least twenty days’
notice of the sale in the manner set forth in subsection (1) of
this section if the name and address of the owner is known.
The notice shall contain the time and place of the sale, a
reasonable description of the vessel to be sold, and the
amount of charges owed with respect to the vessel. The
notice of sale shall be published at least once, more than ten
but not more than twenty days before the sale, in a newspaper of general circulation in the county in which the facility
is located. This notice shall include the name of the vessel,
if any, the last known owner and address, and a reasonable
description of the vessel to be sold. The operator may bid
all or part of its charges at the sale and may become a
purchaser at the sale.
(b) Before the vessel is sold, any person seeking to
redeem an impounded vessel under this section may commence a lawsuit in the superior court for the county in which
the vessel was impounded to contest the validity of the
impoundment or the amount of charges owing. This lawsuit
must be commenced within sixty days of the date the notification was provided under subsection (1) of this section, or
the right to a hearing is deemed waived and the owner is
liable for any charges owing the operator. In the event of
litigation, the prevailing party is entitled to reasonable
attorneys’ fees and costs.
(c) The proceeds of a sale under this section shall be
applied first to the payment of any liens superior to the
claim for charges, then to payment of the charges, then to
satisfy any other liens on the vessel in the order of their
priority. The balance, if any, shall be paid to the owner. If
the owner cannot in the exercise of due diligence be located
by the operator within one year of the date of the sale, the
excess funds from the sale shall revert to the department of
revenue under chapter 63.29 RCW. If the sale is for a sum
less than the applicable charges, the operator is entitled to
assert a claim for deficiency, however, the deficiency
judgment shall not exceed the moorage fees owed for the
previous six-month period.
[Title 88 RCW—page 25]
88.26.020
Title 88 RCW: Navigation and Harbor Improvements
(d) In the event no one purchases the vessel at a sale, or
a vessel is not removed from the premises or other arrangements are not made within ten days of sale, title to the
vessel will revert to the operator.
(6) The rights granted to a private moorage facility
operator under this section are in addition to any other legal
rights an operator may have to hold and sell a vessel and in
no manner does this section alter those rights, or affect the
priority of other liens on a vessel. [1993 c 474 § 2.]
Chapter 88.28
OBSTRUCTIONS IN NAVIGABLE WATERS
Sections
88.28.050
88.28.055
88.28.060
Obstructing navigation—Penalty.
Closure of Camas Slough.
Discharging ballast, when prohibited—Exception—City
areas—Penalty.
88.28.070 Dams, restriction on heights on tributaries of Columbia River.
Hours of labor of operators of power equipment in waterfront operations:
RCW 49.28.100.
Lease of beds of navigable waters for booming purposes: RCW 79.95.010
through 79.95.040.
Public lands: Title 79 RCW.
Railroad bridges over navigable streams: RCW 81.36.100 and chapter
79.01 RCW.
Relocation of harbor lines: RCW 79.92.020.
88.28.050 Obstructing navigation—Penalty. Every
person who shall in any manner obstruct the navigable
portion or channel of any bay, harbor, or river or stream,
within or bordering upon this state, navigable and generally
used for the navigation of vessels, boats, or other
watercrafts, or for the floating down of logs, cord wood,
fencing posts or rails, shall, on conviction thereof, be fined
in any sum not exceeding three hundred dollars: PROVIDED, That the placing of any mill dam or boom across a
stream used for floating saw logs, cord wood, fencing posts
or rails shall not be construed to be an obstruction to the
navigation of such stream, if the same shall be so constructed as to allow the passage of boats, saw logs, cord wood,
fencing posts or rails without unreasonable delay: PROVIDED FURTHER, That the obstruction of navigable waters for
the purpose of deploying equipment to contain or clean up
a spill of oil or other hazardous material shall not be
considered an obstruction. [1987 c 479 § 4; 1888 p 190 §
1; Code 1881 § 919; 1854 p 94 § 104; RRS § 9897.]
88.28.055 Closure of Camas Slough. The department
of transportation may for highway purposes close off by fill
or embankment all water transportation on Camas Slough, a
part of the Columbia River extending from a point of land
at the confluence of the left bank of the Washougal River
and the right bank of the Columbia River to the land on
Lady Island with the axis or center line of the embankment
being more particularly described as a line bearing south
seventy-six degrees (76°), fifty-one a one-half minutes (51
1/2’) west from a point; said point being located on the line
between section 11 and section 14 and distant approximately
520 feet westerly from the corner common to sections 11,
12, 13 and 14, all situate in township 1 north, range 3 east,
[Title 88 RCW—page 26]
W.M. The department shall construct in the fill, at or near
the channel of the slough, an opening of sufficient dimensions to allow normal flow of water during the low water
period or such opening as may be required or approved by
the Corps of Engineers, United States Army. [1984 c 7 §
382; 1955 c 174 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
88.28.060 Discharging ballast, when prohibited—
Exception—City areas—Penalty. Every master or mate, or
other officer or other person, belonging to or in charge of
any vessel, who shall discharge or cause to be discharged the
ballast of such vessels into the navigable portions or channels of any of the inlets, bays, harbors or rivers within or
bordering on this state, where the water is less than twenty
fathoms deep, shall, on conviction thereof, be fined in any
sum not less than seventy-five dollars, nor more than five
hundred dollars: PROVIDED, That nothing in this section
shall be so construed as to prevent any such person from
discharging ballast from such vessel on the beach at or
above ordinary high tide in all waters where the tide ebbs
and flows, and that no ballast shall be discharged on any of
the flats included within the boundary of any city or townsite
or extension thereof: AND PROVIDED FURTHER, That in
harbors within or in front of any incorporated city, where the
waters are less than twenty fathoms deep, a section of said
harbor may be set aside and designated by the city council
of said city as a ballast ground, where ballast may be discharged under control of a harbor master to be appointed by
the council. [1897 c 18 § 1; 1891 c 69 § 30; Code 1881 §
918; 1877 p 285 § 1; 1854 p 94 § 103; RRS § 9898.]
88.28.070 Dams, restriction on heights on tributaries of Columbia River. See chapter 77.55 RCW.
Chapter 88.32
RIVER AND HARBOR IMPROVEMENTS
Sections
88.32.010
88.32.020
88.32.030
88.32.040
88.32.060
88.32.070
88.32.080
88.32.090
88.32.100
88.32.130
88.32.140
88.32.160
88.32.170
88.32.180
88.32.190
88.32.200
88.32.210
88.32.220
88.32.230
88.32.235
Districts authorized.
Improvement commission—Appointment—Oath.
Improvement commission—Notification of appointment—
Organization.
Establishment of assessment district—Assessments—State
lands.
Assessment roll.
Hearing on roll—Date—Notice.
Hearing on roll—Objections—Certification for collection.
Appeal from final assessment.
Lien of assessment—Collection—Payment—Interest.
Local improvement fund—Disbursements.
Bonds—Issuance—Sale—Form.
Bonds—Execution.
Payment in full—Calls for bonds, notice—Bond owners’
rights.
Improvement by counties jointly.
Improvement by counties jointly—Procedure.
Improvement by counties jointly—Joint board of equalization.
Improvement by counties jointly—Joint assessment roll—
Filing, appeals, subsequent proceedings.
Improvement by counties jointly—Expenses of joint board.
Joint aid river and harbor improvements—Bonds—Election.
Joint aid river and harbor improvements—Declared county
purpose.
(2002 Ed.)
River and Harbor Improvements
88.32.240
Joint planning for improvement of navigable river—
Development of river valley.
88.32.250 Joint planning for improvement of navigable river—
Contract—Joint board to control and direct work.
88.32.260 Liability of county or counties for acts relating to river improvement for navigation purposes.
Construction projects in state waters: Chapter 77.55 RCW.
Flood control: Title 86 RCW.
Harbor improvement fund abolished: RCW 43.79.330.
Harbor improvements in port districts: Chapters 53.08 and 53.20 RCW.
Harbor line commission: State Constitution Art. 15 § 1 (Amendment 15);
RCW 79.90.070 and 79.92.010.
Harbors and tide waters: State Constitution Art. 15.
Joint canal construction: RCW 36.64.060.
Port districts, powers of, as to harbor improvements: Chapters 53.08 and
53.20 RCW.
Powers of
first class cities: RCW 35.22.280.
noncharter code cities and charter code cities: RCW 35A.11.020.
second class cities: RCW 35.23.440.
River improvement by counties: Chapters 86.12 and 86.13 RCW.
88.32.010 Districts authorized. Every county in this
state is hereby authorized and empowered, by and through
its county commissioners, whenever the government of the
United States is intending or proposing the construction or
operation of any river, lake, canal or harbor improvement,
partly or wholly within such county, and whenever said
board of county commissioners shall adjudge, upon a petition
therefor filed with it and signed by at least one hundred
freeholders of said county who each own realty of the
assessed valuation of not less than five thousand dollars,
situated within the limits of the improvement district sought
to be created, that it is for the general benefit and welfare of
the people of the county, that such river, lake, canal or
harbor improvement be made and completed to define and
establish an assessment district within such county and to
levy an assessment upon so much of the taxable real estate
of such county as shall be specially benefited by such
improvement as hereinafter provided, for the purpose of
paying the expenses of such improvement, or so much
thereof as said board of county commissioners shall determine, not in any instance exceeding one percent of the
taxable valuations of all real and personal property in the
entire county as appearing on the then last assessment roll.
Such improvement shall be known as river and harbor improvement. [1907 c 236 § 1; RRS § 9669. Prior: 1903 c
143 §§ 1, 2.]
Limitation of levies: RCW 84.52.050 through 84.52.056.
88.32.020
Improvement commission—
Appointment—Oath. Whenever the board of county
commissioners of any such county shall have adjudged as
provided in RCW 88.32.010, said board shall thereupon
apply to the person, who, for the time being, shall be judge
of the United States district court, for the district within
which the county shall be situated, to name eleven reputable
citizens and freeholders of such county and file a list thereof
with said board of county commissioners. The persons so
named, or a majority of them, shall act as a commission, and
be known as the "river and harbor improvement commission
of . . . . . . county", and shall receive no compensation,
except their actual necessary expenses, including necessary
(2002 Ed.)
Chapter 88.32
clerical assistance, to be audited by the board of county
commissioners; and they shall be deemed the agents of the
county in the performance of the duties imposed upon them
by RCW 88.32.010 through 88.32.220. Each member of
such commission shall, before entering upon his duties, take
and subscribe an oath, substantially as follows:
"State of Washington
County of
..........
⎫
⎬ ss.
âŽ
I, the undersigned, a member of the river and harbor
improvement commission of . . . . . . county, to define and
establish the assessment district and assess the costs of the
following improvement (here give the general description of
the improvement), do solemnly swear (or affirm, as the case
may be), that I will well and truly discharge my duties as a
member of said commission." In case the person who is
United States judge shall be unable or decline to act, the
board of county commissioners shall name the eleven
persons to act as such commission. [1907 c 236 § 2; RRS
§ 9670.]
88.32.030 Improvement commission—Notification
of appointment—Organization. The board of county
commissioners of the county, or of the oldest county in case
of counties joining, shall cause the persons named for the
commission to be notified of their appointment in a notice
that shall name all such persons and shall designate the time
and place of the first meeting of the commission. The
commission, having come together pursuant to such notice,
and its members having taken the oath hereinbefore prescribed, shall have full powers to organize and proceed with
its business as a deliberative body. [1907 c 236 § 18; RRS
§ 9686.]
88.32.040 Establishment of assessment district—
Assessments—State lands. It shall be the duty of such
commission to define and establish an assessment district,
within such county, comprising all the taxable real property,
and also (with the limitations hereinafter expressed) the state
shorelands, which shall be specially benefited by said river,
lake, canal or harbor improvement, and to apportion and
assess the amount of separate, special and particular benefits
against each lot, block, parcel or tract of land or shoreland
within such district, by reason of such improvement. The
commission in making the assessment shall include in the
properties upon [which] the assessment is laid, all shorelands
of the state, whether unsold or under contract of sale and
subject to sale by it and as against all purchasers from the
state or under contract to purchase such lands, the assessment shall be a charge upon such land and the purchaser’s
interest therein. The county auditor shall certify to the state
commissioner of public lands a schedule of the state
shorelands so assessed and of the assessment thereon, and
the purchaser shall from time to time pay to the proper
county treasurer the sums due and unpaid under such
assessment, and at the time of such payment the county
treasurer shall give him, in addition to a regular receipt for
such payment, a certificate that such payment has been
made, which certificate the purchaser shall immediately file
with the commissioner of public lands, and no patent from
[Title 88 RCW—page 27]
88.32.040
Title 88 RCW: Navigation and Harbor Improvements
the state nor deed shall issue to such purchaser, nor shall any
assignment of his contract to purchase be approved by the
commissioner of public lands until every matured installment
of such assessment shall have first been fully paid and
satisfied: PROVIDED, HOWEVER, That no such assessment shall create any charge against such shoreland or affect
the title thereof as against the state, and the state shall be as
free to forfeit or annul such contract and again sell such land
as if the assessment had never been made, and in case of
such forfeiture or annulment the state shall be free to sell
again such land entirely disembarrassed and unencumbered
of all right and claim of such former purchaser, and such
purchaser shall have no right, interest or claim upon or
against such land or the state or such new purchaser or at
all, but every such sum paid by such former purchaser upon
such assessment shall be utterly forfeited as against him, his
personal representatives and assigns, and shall inure to the
benefit of such new purchaser. [1907 c 236 § 3; RRS §
9671. Formerly RCW 88.32.040 and 88.32.050.]
88.32.060 Assessment roll. Such commission shall
also make, or cause to be made, an assessment roll, in which
shall appear the names of the owners of the property
assessed, so far as known, the description of each lot, block,
parcel or tract of land within such assessment district, and
the amount assessed against the same, as separate, special or
particular benefits, and certify such assessment roll to the
board of county commissioners, of such county, within ten
weeks after their appointment, or within such further time as
may be allowed by the board of county commissioners of
such county. [1907 c 236 § 4; RRS § 9672. Prior: 1905 c
104 § 1; 1903 c 143 § 21.]
88.32.070 Hearing on roll—Date—Notice. After the
return of the assessment roll to the county legislative
authority it shall make an order setting a day for the hearing
upon any objections to the assessment roll by any parties
affected thereby who shall be heard by the county legislative
authority as a board of equalization, which date shall be at
least twenty days after the filing of such roll. It shall be the
duty of the county legislative authority to give, or cause to
be given, notice of such assessment, and of the day fixed for
the hearing, as follows:
(1) They shall send or cause to be sent, by mail, to each
owner of premises assessed, whose name and place of
residence is known to them, a notice, substantially in this
form, to wit:
" .....................................
"Your property (here describe the property) is assessed
$. . . . . . for river and harbor improvement to be made in
this county.
"Hearing on the assessment roll will be had before the
undersigned, at the office of the county commissioners, on
the . . . . day of . . . . . . 19. . .
.........................
.........................
.........................
"Board of county commissioners."
But failure to send, or cause to be sent, such notice,
shall not be fatal to the proceedings herein prescribed.
[Title 88 RCW—page 28]
(2) They shall cause at least ten days’ notice of the
hearing to be given by posting notice in at least ten public
places in the county, three of which shall be in the neighborhood of the proposed improvement, and by publishing the
same at least once a week for two consecutive weeks in the
official newspaper of the county which notice shall be signed
by the county legislative authority, and shall state the day
and place of the hearing of objections to the assessment roll,
and the nature of the improvement, and that all interested
parties will be heard as to any objections to said assessment
roll. [1985 c 469 § 95; 1907 c 236 § 5; RRS § 9673.]
88.32.080 Hearing on roll—Objections—
Certification for collection. Any person interested in any
real estate affected by such assessment may appear and file
objections to the assessment roll, and the board of county
commissioners may make an order regarding the time of
filing such objections, as to them seems proper. As to all
parcels, lots or blocks as to which no objections are filed
within the time so fixed, the assessment thereon shall be
confirmed. On the hearing, each party may offer proof and
the board shall then have authority to affirm, modify, change
and determine the assessment in such sum as to them
appears just and right. When the assessment is finally
equalized and fixed by the board of county commissioners,
the clerk thereof shall certify the same to the county treasurer for collection, or if appeal has been taken from any part
thereof, then so much thereof, as has not been appealed
from, shall be certified. [1907 c 236 § 6; RRS § 9674.]
88.32.090 Appeal from final assessment. Any
person who feels aggrieved by the final assessment made
against any lot, block or parcel of land owned by him may
appeal therefrom to the superior court of such county. Such
appeal shall be taken within the time, and substantially in the
manner prescribed by the laws of this state for appeals from
justice’s courts. All notices of appeal shall be filed with the
board of county commissioners, and served upon the
prosecuting attorney of the county. The clerk of the board
of county commissioners shall at appellant’s expense certify
to the superior court so much of the record, as appellant may
request, and the cause shall be tried in the superior court de
novo.
Any person aggrieved by any final order or judgment,
made by the superior court concerning any assessment
authorized by RCW 88.32.010 through 88.32.220, may seek
appellate review of the order or judgment in accordance with
the laws of this state relative to such review, except that
review shall be sought within thirty days after the entry of
such judgment. [1988 c 202 § 90; 1971 c 81 § 175; 1907 c
236 § 7; RRS § 9675.]
Severability—1988 c 202: See note following RCW 2.24.050.
88.32.100 Lien of assessment—Collection—
Payment—Interest. The final assessment shall be a lien,
paramount to all other liens, except liens for taxes and other
special assessments, upon the property assessed, from the
time the assessment roll shall be approved by said board of
county commissioners and placed in the hands of the county
treasurer, as collector. After said roll shall have been
delivered to the county treasurer for collection, he shall
(2002 Ed.)
River and Harbor Improvements
proceed to collect the same, in the manner as other taxes are
collected: PROVIDED, That such treasurer shall give at
least ten days’ notice in the official newspaper (and shall
mail a copy of such notice to the owner of the property
assessed, when the post office address of such owner is
known, but failure to mail such notice shall not be fatal
when publication thereof is made), that such roll has been
certified to him for collection, and that unless payment be
made within thirty days from the date of such notice, that
the sum charged against each lot or parcel of land shall be
paid in not more than ten equal annual payments, with
interest upon the whole sum so charged at a rate not to
exceed seven percent per annum. Said interest shall be paid
semiannually, and the county treasurer shall proceed to
collect the amount due each year by the publication of notice
as hereinabove provided. [1907 c 236 § 8; RRS § 9676.
Formerly RCW 88.32.100 and 88.32.110.]
88.32.130 Local improvement fund—Disbursements.
All moneys paid or collected on account of any assessments
made pursuant to RCW 88.32.010 through 88.32.220, shall
be kept by the county treasurer in the county depository
separate and apart from the other funds of the county, in a
fund to be established by the board of county commissioners
and to be known as "Local Improvement Fund, District No.
. . . . of . . . . . . County"; and said money shall at all times
be subject to the order of the United States government
engineer, having said river and harbor improvement in said
county in charge, and the county treasurer shall pay said
money out upon drafts, drawn upon said fund, for the cost
of said improvement, by said United States government
engineer. If such government engineer is unable or unauthorized to act in the premises, then the county treasurer
shall pay out said money for the costs of said improvement,
upon the order of the board of county commissioners. [1907
c 236 § 9; RRS § 9677.]
88.32.140 Bonds—Issuance—Sale—Form. (1) In all
cases, the county, as the agent of the local improvement
district, shall, by resolution of its county legislative authority,
cause to be issued in the name of the county, the bonds for
such local improvement district for the whole estimated cost
of such improvement, less such amounts as shall have been
paid within the thirty days provided for redemption, as
hereinabove specified. Such bonds shall be called "Local
Improvement Bonds, District No. . . . ., County of . . . . . .,
State of Washington", and shall be payable not more than
ten years after date, and shall be subject to annual call by
the county treasurer, in such manner and amounts as he may
have cash on hand to pay the same in the respective local
improvement fund from which such bonds are payable,
interest to be paid at the office of the county treasurer. Such
bonds shall be issued and delivered to the contractor for the
work from month to month in such amounts as the engineer
of the government, in charge of the improvement, shall
certify to be due on account of work performed, or, if said
county legislative authority resolves so to do, such bonds
may be offered for sale after thirty days public notice thereof
given, to be delivered to the highest bidder therefor, but in
no case shall such bonds be sold for less than par, the
proceeds to be applied in payment for such improvement:
(2002 Ed.)
88.32.100
PROVIDED, That unless the contractor for the work shall
agree to take such bonds in payment for his work at par,
such work shall not be begun until the bonds shall have been
sold and the proceeds shall have been paid into a fund to be
called "Local Improvement Fund No. . . . ., County of
. . . . . .", and the owner or owners of such bonds shall look
only to such fund for the payment of either the principal or
interest of such bonds.
Such bonds shall be issued in denominations of one
hundred dollars each, and shall be substantially in the
following form:
"Local Improvement Bond, District Number . . . . of the
County of . . . . . ., State of Washington.
No. . . . . N.B. . . . .
$. . . . . .
This bond is not a general debt of the county of . . . . . .
and has not been authorized by the voters of said county as
a part of its general indebtedness. It is issued in pursuance
of an act of the legislature of the state of Washington,
passed the . . . . day of . . . . . . A.D. 1907, and is a charge
against the fund herein specified and its issuance and sale is
authorized by the resolution of the county legislative
authority, passed on the . . . . day of . . . . . . A.D. 1907.
The county of . . . . . ., a municipal corporation of the state
of Washington, hereby promises to pay to . . . . . ., or bearer,
one hundred dollars, lawful money of the United States of
America, out of the fund established by resolution of the
county legislative authority on the . . . . day of . . . . . .,
A.D. 19. . ., and known as local improvement fund district
number . . . . of . . . . . . county, and not otherwise.
"This bond is payable ten years after date, and is subject
to annual call by the county treasurer at the expiration of any
year before maturity in such manner and amounts as he may
have cash on hand to pay the same in the said fund from
which the same is payable, and shall bear interest at the rate
of . . . . percent per annum, payable semiannually; both
principal and interest payable at the office of the county
treasurer. The county legislative authority of said county, as
the agent of said local improvement district No. . . . .,
established by resolution No. . . . ., has caused this bond to
be issued in the name of said county, as the bond of said
local improvement district, the proceeds thereof to be applied
in part payment of so much of the cost of the improvement
of the rivers, lakes, canals or harbors of . . . . . . county,
under resolution No. . . . ., as is to be borne by the owners
of property in said local improvement district, and the said
local improvement fund, district No. . . . . of . . . . . . county,
has been established by resolution for said purpose; and the
owner or owners of this bond shall look only to said fund
for the payment of either the principal or interest of this
bond.
"The call for the payment of this bond or any bond,
issued on account of said improvement, may be made by the
county treasurer by publishing the same in an official
newspaper of the county for ten consecutive issues, beginning not more than twenty days before the expiration of any
year from date hereof, and if such call be made, interest on
this bond shall cease at the date named in such call.
"This bond is one of a series of . . . . . . bonds, aggregating in all the principal sum of . . . . . . dollars, issued for
said local improvement district, all of which bonds are
subject to the same terms and conditions as herein expressed.
[Title 88 RCW—page 29]
88.32.140
Title 88 RCW: Navigation and Harbor Improvements
"In witness whereof the said county of . . . . . . has
caused these presents to be signed by its chairman of its
county legislative authority, and countersigned by its county
auditor and sealed with its corporate seal, attested by its
county clerk, this . . . . day of . . . . . ., in the year of our
Lord one thousand nine hundred and . . . . . . . . .
The County of . . . . . . . . . . . . . . . . . .
By . . . . . . . . . . . . . . . . . . . . . . . . . .
Chairman County Legislative Authority.
Countersigned, . . . . . . County Auditor.
Attest, . . . . . . Clerk."
The bonds may be in any form, including bearer bonds
or registered bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 245; 1970 ex.s. c 56 § 101;
1969 ex.s. c 232 § 60; 1907 c 236 § 10; RRS § 9678.
Formerly RCW 88.32.140 and 88.32.150.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
88.32.160 Bonds—Execution. Each and every bond
issued for any such improvement shall be signed by the
chairman of the county legislative authority and the county
auditor, sealed with the corporate seal of the county, and
attested by the county clerk. The bonds issued for each
local improvement district shall be in the aggregate for such
an amount as authorized by the resolution of the county
legislative authority with reference to such river, lake, canal
or harbor improvement, and each issue of such bonds shall
be numbered consecutively, beginning with number 1. [1983
c 167 § 246; 1907 c 236 § 11; RRS § 9679.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
88.32.170 Payment in full—Calls for bonds, notice—Bond owners’ rights. The owner of any lot or parcel
of land charged with any assessment as provided for hereinabove, may redeem the same from all liability by paying the
entire assessment charged against such lot or parcel of land,
or part thereof, without interest, within thirty days after
notice to him of such assessment, as herein provided, or may
redeem the same at any time after the bonds above specified
shall have been issued, by paying the full amount of all the
principal and interest to the end of the interest year then
expiring, or next to expire. The county treasurer shall pay
the interest on the bonds authorized to be issued under RCW
88.32.010 through 88.32.220 out of the respective local
improvement funds from which they are payable, and
whenever there shall be sufficient money in any local
improvement fund, against which bonds have been issued
under the provisions of RCW 88.32.010 through 88.32.220,
over and above the amount necessary for the payment of
interest on all unpaid bonds, and sufficient to pay the
principal of one or more bonds, the county treasurer shall
call in and pay such bonds, provided that such bonds shall
be called in and paid in their numerical order: PROVIDED,
FURTHER, That such call shall be made by publication in
[Title 88 RCW—page 30]
the county official newspaper, on the day following the
delinquency of the installment of the assessment, or as soon
thereafter as practicable, and shall state that bonds numbers
. . . . . . (giving the serial number or numbers of the bonds
called), will be paid on the day the interest payment on said
bonds shall become due, and interest upon such bonds shall
cease upon such date. If the county shall fail, neglect or
refuse to pay said bonds or promptly to collect any of said
assessments when due, the owner of any such bonds may
proceed in his own name to collect such assessment and
foreclose the lien thereof in any court of competent jurisdiction, and shall recover in addition to the amount of such
bonds and interest thereon, five percent, together with the
costs of such suit. Any number of owners of such bonds for
any single improvement, may join as plaintiffs and any
number of owners of the property on which the same are a
lien may be joined as defendants in such suit. [1983 c 167
§ 247; 1907 c 236 § 12; RRS § 9680. Formerly RCW
88.32.120 and 88.32.170.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
88.32.180 Improvement by counties jointly. Two or
more adjoining counties, in which are lands to be benefited
by any such improvement as is hereinbefore mentioned, and
as will be partly or wholly within one or more of them, may
jointly take advantage of the provisions of RCW 88.32.010
through 88.32.220, and the procedure in such cases shall, as
nearly as may be, conform to the procedure above prescribed, but with the modifications hereinafter expressed.
[1907 c 236 § 13; RRS § 9681.]
88.32.190 Improvement by counties jointly—
Procedure. In every case of such joint action, the preliminary procedure of RCW 88.32.010 having been first had in
each county severally, the board of county commissioners of
the several counties proposing to join shall unite in such an
application as is prescribed in RCW 88.32.020, and the
application shall be made to any person, who, for the time
being, shall be a judge of the United States district court in
any district in which such counties, or any of them, may lie,
and the list mentioned in RCW 88.32.020 shall be made in
as many counterparts as there are counties so joining, and
one counterpart shall be filed with the board of county
commissioners of each county, and if the person who is such
United States judge shall decline or be unable to act, then,
the board of such counties shall meet in joint session, at the
county seat of such one of the counties as shall be agreed
upon and shall organize as a joint board by appointing a
chairman and clerk, and by resolution in which a majority of
all the commissioners present, and at least one commissioner
from each county, shall concur, name the eleven persons for
the commission, which eleven in such case shall be citizens
of the counties concerned, and as nearly as may be the same
number from each county. A counterpart of such resolution
shall be recorded in the minutes of the proceedings of the
board of each county. The commission shall make as many
assessment rolls as there are counties joining and one
counterpart roll shall be certified by such chairman and clerk
of the joint board, and by such clerk filed with the board of
each of such counties. [1907 c 236 § 14; RRS § 9682.]
(2002 Ed.)
River and Harbor Improvements
88.32.200 Improvement by counties jointly—Joint
board of equalization. For purposes of a board of equalization, said boards shall from time to time meet as a joint
board as aforesaid, and have a chairman and clerk as
aforesaid, and for all purposes under RCW 88.32.070 and
88.32.080, in case of counties joining, the word board
wherever occurring in said sections shall be interpreted to
mean such joint board, and the word clerk shall be deemed
to mean the clerk of such joint board, and the posting of
notices shall be in at least ten public places in each county,
and the publication of the same shall be in a newspaper of
each county, and the objections mentioned in RCW
88.32.080 shall be filed with the clerk of the joint board,
who shall cause a copy thereof, certified by him to be filed
with the clerk of the board of county commissioners of the
county where the real estate of the party objecting is
situated. [1907 c 236 § 15; RRS § 9683.]
88.32.210 Improvement by counties jointly—Joint
assessment roll—Filing, appeals, subsequent proceedings.
The minutes of the proceedings of the joint board and the
assessment roll as finally settled by such board shall be
made up in as many counterparts as there are counties
joining as aforesaid, and shall be signed by the chairman and
clerk of said board, and one of said counterparts so signed
shall be filed by said clerk with the clerk of the board of
county commissioners of each of said counties, and any
appeals and subsequent proceedings under RCW 88.32.090
to 88.32.170, inclusive, as far as relates to real estate in any
individual county, shall be as nearly as may be the same as
if the local improvement district and bond issue concerned
that county only. [1907 c 236 § 16; RRS § 9684.]
88.32.220 Improvement by counties jointly—
Expenses of joint board. The joint board shall keep careful
account of its necessary expenses and shall apportion and
charge the same to the counties joining, and certify to the
board of county commissioners of each such county an
itemized statement of the entire account and of the proportionate part of such expense charged to such county and the
board of county commissioners of such county shall cause
the same to be paid out of the general fund of the county.
[1907 c 236 § 17; RRS § 9685.]
County current expense fund: RCW 36.33.010.
88.32.230 Joint aid river and harbor improvements—Bonds—Election. Whenever the county legislative
authority of any county with a population of one hundred
twenty-five thousand or more deems it for the interest of the
county to engage in or to aid the United States of America,
the state of Washington, or any adjoining county or any city
of this state, or any of them, in construction, enlargement,
improvement, modification, repair or operation of any
harbor, canal, waterway, river channel, slip, dock, wharf, or
other public improvement, or any of the same, for the
purposes of commerce, navigation, sanitation and drainage,
or any thereof, or to acquire or operate wharf sites, dock
sites, or other properties, rights or interests, or any thereof,
necessary or proper to be acquired or operated for public
enjoyment of any such public improvement, and to incur
indebtedness to meet the cost thereof and expenses connect(2002 Ed.)
88.32.200
ed therewith, and issue bonds of the county for the payment
of such indebtedness, or any thereof, such county is hereby
authorized and empowered, by and through its county
legislative authority, to engage in or aid in any such public
work or works, operation or acquisition, as aforesaid, and to
incur indebtedness for such purpose or purposes to an
amount, which, together with the then existing indebtedness
of such county, shall not exceed two and one-half percent of
the value of the taxable property in said county, as the term
"value of the taxable property" is defined in RCW 39.36.015,
and to issue the negotiable bonds of the county for all or any
of such indebtedness and for the payment thereof, in the
manner and form and as provided in chapter 39.46 RCW,
and other laws of this state which shall then be in force, and
to make part or all of such payment in bonds or in moneys
derived from sale or sales thereof, or partly in such bonds
and partly in such money: PROVIDED, That the county
legislative authority shall have first submitted the question of
incurring such indebtedness to the voters of the county at a
general or special election, and three-fifths of the voters
voting upon the question shall have voted in favor of
incurring the same. [1991 c 363 § 161; 1970 ex.s. c 42 §
37; 1911 c 3 § 1; RRS § 9666. FORMER PART OF
SECTION: 1911 c 3 § 2 now codified as RCW 88.32.235.]
Purpose—Captions not law—1991 c 363: See notes following RCW
2.32.180.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
Bonds, generally as to form, etc.: Chapter 39.44 RCW.
88.32.235 Joint aid river and harbor improvements—Declared county purpose. Any and every such
purpose as is mentioned in the foregoing section is hereby
declared to be a county purpose. [1911 c 3 § 2; RRS §
9667. Formerly RCW 88.32.230, part.]
88.32.240 Joint planning for improvement of
navigable river—Development of river valley. Any county
together with any port district therein and first class city in
such county may participate jointly in surveys, investigations
and studies for determining the location, type and design,
with cost estimates, of a project plan for the improvement of
any section or sections, within or without the limits of such
city, of any navigable river emptying into tidal waters in
such city, in aid of commerce and navigation and in aid of
the comprehensive land use and development of such river
valley, including present and future industrial and manufacturing uses. [1951 c 33 § 1.]
88.32.250 Joint planning for improvement of
navigable river—Contract—Joint board to control and
direct work. The joint participation shall be under a
contract in writing made in the names of the county, port
district, and city, under ordinance or resolution that provides
the nature and extent of the work, the extent of the participation of the parties, the division of the costs, and method
of payment. The costs shall be paid from any funds of the
county, city, or port district designated in the contract.
The control and direction of the work shall be under a
joint board consisting of one or more representatives of each
party to the contract, as may be agreed upon by the parties.
[Title 88 RCW—page 31]
88.32.250
Title 88 RCW: Navigation and Harbor Improvements
The representatives of the respective parties shall be appointed by the governing body of the respective parties. The joint
board shall employ such help and services as may be required and fix the compensation to be paid for the services.
The joint board shall consult with the corps of engineers,
department of the army, and with the state secretary of
transportation and the state director of ecology in furtherance
of federal and state of Washington interests in the purposes
of RCW 88.32.240 and 88.32.250. [1984 c 7 § 383; 1951
c 33 § 2.]
Severability—1984 c 7: See note following RCW 47.01.141.
88.32.260 Liability of county or counties for acts
relating to river improvement for navigation purposes.
See RCW 86.12.037.
Chapter 88.40
TRANSPORT OF PETROLEUM PRODUCTS—
FINANCIAL RESPONSIBILITY
Sections
88.40.005
88.40.011
88.40.020
88.40.025
Intent.
Definitions.
Evidence of financial responsibility for vessels.
Evidence of financial responsibility for onshore or offshore
facilities.
88.40.030 Establishing evidence of financial responsibility—
Documentation.
88.40.040 Denial of entry to state waters—Enforcement of federal oil
pollution act.
88.40.900 Severability—1989 1st ex.s. c 2.
Ocean resources management act: Chapter 43.143 RCW.
Oil or gas exploration in marine waters: RCW 90.58.550.
88.40.005 Intent. The legislature recognizes that oil
and hazardous substance spills and other forms of incremental pollution present serious danger to the fragile marine
environment of Washington state. It is the intent and
purpose of this chapter to define and prescribe financial
responsibility requirements for vessels that transport petroleum products as cargo or as fuel across the waters of the
state of Washington and for facilities that store, handle, or
transfer oil or hazardous substances in bulk on or near the
navigable waters. [1991 c 200 § 701; 1990 c 116 § 29;
1989 1st ex.s. c 2 § 1.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
88.40.011 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Cargo vessel" means a self-propelled ship in
commerce, other than a tank vessel or a passenger vessel, of
three hundred or more gross tons, including but not limited
to, commercial fish processing vessels and freighters.
(2) "Bulk" means material that is stored or transported
in a loose, unpackaged liquid, powder, or granular form
capable of being conveyed by a pipe, bucket, chute, or belt
system.
[Title 88 RCW—page 32]
(3) "Covered vessel" means a tank vessel, cargo vessel,
or passenger vessel.
(4) "Department" means the department of ecology.
(5) "Director" means the director of the department of
ecology.
(6)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel,
located on or near the navigable waters of the state that
transfers oil in bulk to or from a tank vessel or pipeline, that
is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) A facility does not include any: (i) Railroad car,
motor vehicle, or other rolling stock while transporting oil
over the highways or rail lines of this state; (ii) retail motor
vehicle motor fuel outlet; (iii) facility that is operated as part
of an exempt agricultural activity as provided in RCW
82.04.330; (iv) underground storage tank regulated by the
department or a local government under chapter 90.76 RCW;
or (v) marine fuel outlet that does not dispense more than
three thousand gallons of fuel to a ship that is not a covered
vessel, in a single transaction.
(7) "Hazardous substances" means any substance listed
in Table 302.4 of 40 C.F.R. Part 302 adopted August 14,
1989, under section 101(14) of the federal comprehensive
environmental response, compensation, and liability act of
1980, as amended by P.L. 99-499. The following are not
hazardous substances for purposes of this chapter:
(a) Wastes listed as F001 through F028 in Table 302.4;
and
(b) Wastes listed as K001 through K136 in Table 302.4.
(8) "Inland barge" means any barge operating on the
waters of the state and certified by the coast guard as an
inland barge.
(9) "Navigable waters of the state" means those waters
of the state, and their adjoining shorelines, that are subject
to the ebb and flow of the tide and/or are presently used,
have been used in the past, or may be susceptible for use to
transport intrastate, interstate, or foreign commerce.
(10) "Oil" or "oils" means any naturally occurring liquid
hydrocarbons at atmospheric temperature and pressure
coming from the earth, including condensate and natural
gasoline, and any fractionation thereof, including, but not
limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil,
oil sludge, oil refuse, and oil mixed with wastes other than
dredged spoil. Oil does not include any substance listed in
Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989,
under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as
amended by P.L. 99-499.
(11) "Offshore facility" means any facility located in,
on, or under any of the navigable waters of the state, but
does not include a facility any part of which is located in,
on, or under any land of the state, other than submerged
land.
(12) "Onshore facility" means any facility any part of
which is located in, on, or under any land of the state, other
than submerged land, that because of its location, could
reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters
of the state or the adjoining shorelines.
(13)(a) "Owner or operator" means (i) in the case of a
vessel, any person owning, operating, or chartering by
(2002 Ed.)
Transport of Petroleum Products—Financial Responsibility
demise, the vessel; (ii) in the case of an onshore or offshore
facility, any person owning or operating the facility; and (iii)
in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or
facility immediately before its abandonment.
(b) "Operator" does not include any person who owns
the land underlying a facility if the person is not involved in
the operations of the facility.
(14) "Passenger vessel" means a ship of three hundred
or more gross tons with a fuel capacity of at least six
thousand gallons carrying passengers for compensation.
(15) "Ship" means any boat, ship, vessel, barge, or other
floating craft of any kind.
(16) "Spill" means an unauthorized discharge of oil into
the waters of the state.
(17) "Tank vessel" means a ship that is constructed or
adapted to carry, or that carries, oil in bulk as cargo or cargo
residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the
jurisdiction of this state.
(18) "Waters of the state" includes lakes, rivers, ponds,
streams, inland waters, underground water, salt waters,
estuaries, tidal flats, beaches and lands adjoining the seacoast
of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
[2000 c 69 § 30; 1992 c 73 § 12; 1991 c 200 § 702.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
88.40.020 Evidence of financial responsibility for
vessels. (1) Any inland barge that transports hazardous
substances in bulk as cargo, using any port or place in the
state of Washington or the navigable waters of the state shall
establish evidence of financial responsibility in the amount
of the greater of one million dollars, or one hundred fifty
dollars per gross ton of such vessel.
(2)(a) Except as provided in (c) of this subsection, a
tank vessel that carries oil as cargo in bulk shall demonstrate
financial responsibility to pay at least five hundred million
dollars.
(b) The director by rule may establish a lesser standard
of financial responsibility for barges of three hundred gross
tons or less. The standard shall set the level of financial
responsibility based on the quantity of cargo the barge is
capable of carrying. The director shall not set the standard
for barges of three hundred gross tons or less below that
required under federal law.
(c) The owner or operator of a tank vessel who is a
member of an international protection and indemnity mutual
organization and is covered for oil pollution risks up to the
amounts required under this section is not required to
demonstrate financial responsibility under this chapter. The
director may require the owner or operator of a tank vessel
to prove membership in such an organization.
(3) A cargo vessel or passenger vessel that carries oil as
fuel shall demonstrate financial responsibility to pay the
greater of at least six hundred dollars per gross ton or five
hundred thousand dollars.
(2002 Ed.)
88.40.011
(4) The documentation of financial responsibility shall
demonstrate the ability of the document holder to meet state
and federal financial liability requirements for the actual
costs for removal of oil spills, for natural resource damages,
and necessary expenses.
(5) The department may by rule set a lesser amount of
financial responsibility for a tank vessel that meets standards
for construction, propulsion, equipment, and personnel
established by the department. The department shall require
as a minimum level of financial responsibility under this
subsection the same level of financial responsibility required
under federal law.
(6) This section shall not apply to a covered vessel
owned or operated by the federal government or by a state
or local government. [2000 c 69 § 31; 1992 c 73 § 13; 1991
c 200 § 703; 1990 c 116 § 31; 1989 1st ex.s. c 2 § 3.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
88.40.025 Evidence of financial responsibility for
onshore or offshore facilities. An onshore or offshore
facility shall demonstrate financial responsibility in an
amount determined by the department as necessary to
compensate the state and affected counties and cities for
damages that might occur during a reasonable worst case
spill of oil from that facility into the navigable waters of the
state. The department shall consider such matters as the
amount of oil that could be spilled into the navigable waters
from the facility, the cost of cleaning up the spilled oil, the
frequency of operations at the facility, the damages that
could result from the spill and the commercial availability
and affordability of financial responsibility. This section
shall not apply to an onshore or offshore facility owned or
operated by the federal government or by the state or local
government. [1991 c 200 § 704.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
88.40.030 Establishing evidence of financial responsibility—Documentation. Financial responsibility required
by this chapter may be established by any one of, or a
combination of, the following methods acceptable to the
department of ecology: (1) Evidence of insurance; (2) surety
bonds; (3) qualification as a self-insurer; or (4) other
evidence of financial responsibility. Any bond filed shall be
issued by a bonding company authorized to do business in
the United States. Documentation of such financial responsibility shall be kept on any covered vessel and filed with the
department at least twenty-four hours before entry of the
vessel into the navigable waters of the state. A covered vessel is not required to file documentation of financial responsibility twenty-four hours before entry of the vessel into the
navigable waters of the state, if the vessel has filed documentation of financial responsibility with the federal government, and the level of financial responsibility required by the
federal government is the same as or exceeds state requirements. The owner or operator of the vessel may file with
the department a certificate evidencing compliance with the
[Title 88 RCW—page 33]
88.40.030
Title 88 RCW: Navigation and Harbor Improvements
requirements of another state’s or federal financial responsibility requirements if the state or federal government requires
a level of financial responsibility the same as or greater than
that required under this chapter. [2000 c 69 § 32; 1991 c
200 § 705; 1990 c 116 § 32; 1989 1st ex.s. c 2 § 4.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
88.40.040 Denial of entry to state waters—
Enforcement of federal oil pollution act. (1) The department shall deny entry to the waters of the state to any vessel
that does not meet the financial responsibility requirements
of this chapter. Any vessel owner or operator that does not
meet the financial responsibility requirements of this chapter
and any rules prescribed thereunder or the federal oil pollution act of 1990 shall be reported by the department to the
United States coast guard.
(2) The department shall enforce section 1016 of the
federal oil pollution act of 1990 as authorized by section
1019 of the federal act. [2000 c 69 § 33; 1992 c 73 § 14;
1991 c 200 § 706; 1989 1st ex.s. c 2 § 5.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
88.40.900 Severability—1989 1st ex.s. c 2. See
RCW 43.143.902.
Chapter 88.46
VESSEL OIL SPILL PREVENTION
AND RESPONSE
Sections
88.46.010
88.46.020
88.46.030
88.46.040
88.46.050
88.46.060
88.46.062
88.46.063
88.46.065
88.46.070
88.46.080
88.46.090
88.46.100
88.46.120
88.46.130
88.46.160
88.46.170
88.46.200
88.46.900
88.46.901
88.46.921
88.46.926
Definitions.
Coordination with federal law.
Tank vessel inspection programs.
Prevention plans.
Vessel screening.
Contingency plans.
Nonprofit corporation providing contingency plan—
Findings—Termination of maritime commission.
Nonprofit corporation providing contingency plan—Transfer
of functions and assets from maritime commission.
Nonprofit corporation providing contingency plan—Liability
limited.
Enforcement of prevention plans and contingency plans—
Determination of violation—Order or directive—Notice.
Unlawful operation of a covered vessel—Penalties—
Evidence of approved contingency plan or prevention
plan.
Unlawful acts—Civil penalty.
Notification of accidents and near miss incidents.
Tank vessel response equipment standards.
Emergency response system.
Refueling, bunkering, or lightering operations—Availability
of containment and recovery equipment.
Field operations program—Coordination with United States
coast guard.
Advisory marine safety committees—Recommendations.
Captions not law.
Effective dates—Severability—1991 c 200.
Office of marine safety abolished.
Apportionments of budgeted funds.
[Title 88 RCW—page 34]
88.46.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Best achievable protection" means the highest level
of protection that can be achieved through the use of the best
achievable technology and those staffing levels, training
procedures, and operational methods that provide the greatest
degree of protection achievable. The director’s determination of best achievable protection shall be guided by the
critical need to protect the state’s natural resources and
waters, while considering (a) the additional protection
provided by the measures; (b) the technological achievability
of the measures; and (c) the cost of the measures.
(2) "Best achievable technology" means the technology
that provides the greatest degree of protection taking into
consideration (a) processes that are being developed, or
could feasibly be developed, given overall reasonable
expenditures on research and development, and (b) processes
that are currently in use. In determining what is best
achievable technology, the director shall consider the
effectiveness, engineering feasibility, and commercial
availability of the technology.
(3) "Cargo vessel" means a self-propelled ship in
commerce, other than a tank vessel or a passenger vessel, of
three hundred or more gross tons, including but not limited
to, commercial fish processing vessels and freighters.
(4) "Bulk" means material that is stored or transported
in a loose, unpackaged liquid, powder, or granular form
capable of being conveyed by a pipe, bucket, chute, or belt
system.
(5) "Covered vessel" means a tank vessel, cargo vessel,
or passenger vessel.
(6) "Department" means the department of ecology.
(7) "Director" means the director of the department of
ecology.
(8) "Discharge" means any spilling, leaking, pumping,
pouring, emitting, emptying, or dumping.
(9)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel,
located on or near the navigable waters of the state that
transfers oil in bulk to or from a tank vessel or pipeline, that
is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) A facility does not include any: (i) Railroad car,
motor vehicle, or other rolling stock while transporting oil
over the highways or rail lines of this state; (ii) retail motor
vehicle motor fuel outlet; (iii) facility that is operated as part
of an exempt agricultural activity as provided in RCW
82.04.330; (iv) underground storage tank regulated by the
department or a local government under chapter 90.76 RCW;
or (v) marine fuel outlet that does not dispense more than
three thousand gallons of fuel to a ship that is not a covered
vessel, in a single transaction.
(10) "Marine facility" means any facility used for tank
vessel wharfage or anchorage, including any equipment used
for the purpose of handling or transferring oil in bulk to or
from a tank vessel.
(11) "Navigable waters of the state" means those waters
of the state, and their adjoining shorelines, that are subject
to the ebb and flow of the tide and/or are presently used,
(2002 Ed.)
Vessel Oil Spill Prevention and Response
have been used in the past, or may be susceptible for use to
transport intrastate, interstate, or foreign commerce.
(12) "Oil" or "oils" means any naturally occurring liquid
hydrocarbons at atmospheric temperature and pressure
coming from the earth, including condensate and natural
gasoline, and any fractionation thereof, including, but not
limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil,
oil sludge, oil refuse, and oil mixed with wastes other than
dredged spoil. Oil does not include any substance listed in
Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989,
under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as
amended by P.L. 99-499.
(13) "Offshore facility" means any facility located in,
on, or under any of the navigable waters of the state, but
does not include a facility any part of which is located in,
on, or under any land of the state, other than submerged
land. "Offshore facility" does not include a marine facility.
(14) "Onshore facility" means any facility any part of
which is located in, on, or under any land of the state, other
than submerged land, that because of its location, could
reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters
of the state or the adjoining shorelines.
(15)(a) "Owner or operator" means (i) in the case of a
vessel, any person owning, operating, or chartering by
demise, the vessel; (ii) in the case of an onshore or offshore
facility, any person owning or operating the facility; and (iii)
in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or
facility immediately before its abandonment.
(b) "Operator" does not include any person who owns
the land underlying a facility if the person is not involved in
the operations of the facility.
(16) "Passenger vessel" means a ship of three hundred
or more gross tons with a fuel capacity of at least six
thousand gallons carrying passengers for compensation.
(17) "Person" means any political subdivision, government agency, municipality, industry, public or private
corporation, copartnership, association, firm, individual, or
any other entity whatsoever.
(18) "Ship" means any boat, ship, vessel, barge, or other
floating craft of any kind.
(19) "Spill" means an unauthorized discharge of oil into
the waters of the state.
(20) "Tank vessel" means a ship that is constructed or
adapted to carry, or that carries, oil in bulk as cargo or cargo
residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the
jurisdiction of this state.
(21) "Waters of the state" includes lakes, rivers, ponds,
streams, inland waters, underground water, salt waters,
estuaries, tidal flats, beaches and lands adjoining the seacoast
of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
(22) "Worst case spill" means: (a) In the case of a
vessel, a spill of the entire cargo and fuel of the vessel
complicated by adverse weather conditions; and (b) in the
case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions. [2000 c 69 § 1;
1992 c 73 § 18; 1991 c 200 § 414.]
(2002 Ed.)
88.46.010
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
88.46.020 Coordination with federal law. In
carrying out the purposes of this chapter, including the
adoption of rules for contingency plans, the director shall to
the greatest extent practicable implement this chapter in a
manner consistent with federal law. [2000 c 69 § 2; 1991 c
200 § 415.]
88.46.030 Tank vessel inspection programs. (1) All
tank vessels entering the navigable waters of the state shall
be subject to inspection to assure that they comply with all
applicable federal and state standards.
(2) The department shall review the tank vessel inspection programs conducted by the United States coast guard
and other federal agencies to determine if the programs as
actually operated by those agencies provide the best achievable protection to the waters of the state. If the department
determines that the tank vessel inspection programs conducted by these agencies are not adequate to protect the state’s
waters, it shall adopt rules for a state tank vessel inspection
program. The department shall adopt rules providing for a
random review of individual tank vessel inspections conducted by federal agencies. The department may accept a tank
vessel inspection report issued by another state if that state’s
tank vessel inspection program is determined by the department to be at least as protective of the public health and the
environment as the program adopted by the department.
(3) The state tank vessel inspection program shall ensure
that all tank vessels entering state waters are inspected at
least annually. To the maximum extent feasible, the state
program shall consist of the monitoring of existing tank
vessel inspection programs conducted by the federal government. The department shall consult with the coast guard
regarding the tank vessel inspection program. Any tank
vessel inspection conducted pursuant to this section shall be
performed during the vessel’s scheduled stay in port.
(4) Any violation of coast guard or other federal
regulations uncovered during a state tank vessel inspection
shall be immediately reported to the appropriate agency.
[2000 c 69 § 3; 1991 c 200 § 416.]
88.46.040 Prevention plans. (1) The owner or
operator for each tank vessel shall prepare and submit to the
department an oil spill prevention plan in conformance with
the requirements of this chapter. The plans shall be submitted to the department in the time and manner directed by the
department. The spill prevention plan may be consolidated
with a spill contingency plan submitted pursuant to RCW
88.46.060. The department may accept plans prepared to
comply with other state or federal law as spill prevention
plans to the extent those plans comply with the requirements
of this chapter. The department, by rule, shall establish
standards for spill prevention plans.
(2) The spill prevention plan for a tank vessel or a fleet
of tank vessels operated by the same operator shall:
(a) Establish compliance with the federal oil pollution
act of 1990 and state and federal financial responsibility
requirements, if applicable;
[Title 88 RCW—page 35]
88.46.040
Title 88 RCW: Navigation and Harbor Improvements
(b) State all discharges of oil of more than twenty-five
barrels from the vessel within the prior five years and what
measures have been taken to prevent a reoccurrence;
(c) Describe all accidents, collisions, groundings, and
near miss incidents in which the vessel has been involved in
the prior five years, analyze the causes, and state the
measures that have been taken to prevent a reoccurrence;
(d) Describe the vessel operations with respect to
staffing standards;
(e) Describe the vessel inspection program carried out
by the owner or operator of the vessel;
(f) Describe the training given to vessel crews with
respect to spill prevention;
(g) Establish compliance with federal drug and alcohol
programs;
(h) Describe all spill prevention technology that has
been incorporated into the vessel;
(i) Describe the procedures used by the vessel owner or
operator to ensure English language proficiency of at least
one bridge officer while on duty in waters of the state;
(j) Describe relevant prevention measures incorporated
in any applicable regional marine spill safety plan that have
not been adopted and the reasons for that decision; and
(k) Include any other information reasonably necessary
to carry out the purposes of this chapter required by rules
adopted by the department.
(3) The department shall only approve a prevention plan
if it provides the best achievable protection from damages
caused by the discharge of oil into the waters of the state
and if it determines that the plan meets the requirements of
this section and rules adopted by the department.
(4) Upon approval of a prevention plan, the department
shall provide to the person submitting the plan a statement
indicating that the plan has been approved, the vessels
covered by the plan, and other information the department
determines should be included.
(5) The approval of a prevention plan shall be valid for
five years. An owner or operator of a tank vessel shall
notify the department in writing immediately of any significant change of which it is aware affecting its prevention
plan, including changes in any factor set forth in this section
or in rules adopted by the department. The department may
require the owner or operator to update a prevention plan as
a result of these changes.
(6) The department by rule shall require prevention
plans to be reviewed, updated, if necessary, and resubmitted
to the department at least once every five years.
(7) Approval of a prevention plan by the department
does not constitute an express assurance regarding the
adequacy of the plan nor constitute a defense to liability
imposed under this chapter or other state law.
(8) This section does not authorize the department to
modify the terms of a collective bargaining agreement.
[2000 c 69 § 4; 1991 c 200 § 417.]
88.46.050 Vessel screening. (1) In order to ensure the
safety of marine transportation within the navigable waters
of the state and to protect the state’s natural resources, the
department shall adopt rules for determining whether cargo
vessels and passenger vessels entering the navigable waters
[Title 88 RCW—page 36]
of the state pose a substantial risk of harm to the public
health and safety and the environment.
(2) The rules may include:
(a) Examining available information sources for evidence that a cargo or passenger vessel may pose a substantial risk to safe marine transportation or the state’s natural
resources. Information sources may include: Vessel
casualty lists, United States coast guard casualty reports,
maritime insurance ratings, the index of contingency plans
compiled by the department of ecology, other data gathered
by the maritime commission, or any other resources;
(b) Requesting the United States coast guard to deny a
cargo vessel or passenger vessel entry into the navigable
waters of the state, if the vessel poses a substantial environmental risk;
(c) Notifying the state’s spill response system that a
cargo or passenger vessel entering the state’s navigable
waters poses a substantial environmental risk;
(d) Inspecting a cargo or passenger vessel that may pose
a substantial environmental risk, to determine whether the
vessel complies with applicable state or federal laws. Any
vessel inspection conducted pursuant to this section shall be
performed during the vessel’s scheduled stay in port; and
(e) Enforcement actions. [2000 c 69 § 5; 1992 c 73 §
19; 1991 c 200 § 418.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
88.46.060 Contingency plans. (1) Each covered
vessel shall have a contingency plan for the containment and
cleanup of oil spills from the covered vessel into the waters
of the state and for the protection of fisheries and wildlife,
natural resources, and public and private property from such
spills. The department shall by rule adopt and periodically
revise standards for the preparation of contingency plans.
The department shall require contingency plans, at a minimum, to meet the following standards:
(a) Include full details of the method of response to
spills of various sizes from any vessel which is covered by
the plan;
(b) Be designed to be capable in terms of personnel,
materials, and equipment, of promptly and properly, to the
maximum extent practicable, as defined by the department,
removing oil and minimizing any damage to the environment
resulting from a worst case spill;
(c) Provide a clear, precise, and detailed description of
how the plan relates to and is integrated into relevant
contingency plans which have been prepared by cooperatives, ports, regional entities, the state, and the federal
government;
(d) Provide procedures for early detection of spills and
timely notification of such spills to appropriate federal, state,
and local authorities under applicable state and federal law;
(e) State the number, training preparedness, and fitness
of all dedicated, prepositioned personnel assigned to direct
and implement the plan;
(f) Incorporate periodic training and drill programs to
evaluate whether personnel and equipment provided under
the plan are in a state of operational readiness at all times;
(g) Describe important features of the surrounding
environment, including fish and wildlife habitat, environmentally and archaeologically sensitive areas, and public facili(2002 Ed.)
Vessel Oil Spill Prevention and Response
ties. The departments of ecology, fish and wildlife, and
natural resources, and the office of archaeology and historic
preservation, upon request, shall provide information that
they have available to assist in preparing this description. If
the *office of marine safety adopted rules for contingency
plans prior to July 1, 1992, the description of archaeologically sensitive areas shall only be required when the
department revises the rules for contingency plans after July
1, 1992. The description of archaeologically sensitive areas
shall not be required to be included in a contingency plan
until it is reviewed and updated pursuant to subsection (9) of
this section;
(h) State the means of protecting and mitigating effects
on the environment, including fish, marine mammals, and
other wildlife, and ensure that implementation of the plan
does not pose unacceptable risks to the public or the environment;
(i) Establish guidelines for the use of equipment by the
crew of a vessel to minimize vessel damage, stop or reduce
any spilling from the vessel, and, only when appropriate and
only when vessel safety is assured, contain and clean up the
spilled oil;
(j) Provide arrangements for the prepositioning of spill
containment and cleanup equipment and trained personnel at
strategic locations from which they can be deployed to the
spill site to promptly and properly remove the spilled oil;
(k) Provide arrangements for enlisting the use of
qualified and trained cleanup personnel to implement the
plan;
(l) Provide for disposal of recovered spilled oil in
accordance with local, state, and federal laws;
(m) Until a spill prevention plan has been submitted
pursuant to RCW 88.46.040, state the measures that have
been taken to reduce the likelihood that a spill will occur,
including but not limited to, design and operation of a
vessel, training of personnel, number of personnel, and
backup systems designed to prevent a spill;
(n) State the amount and type of equipment available to
respond to a spill, where the equipment is located, and the
extent to which other contingency plans rely on the same
equipment; and
(o) If the department has adopted rules permitting the
use of dispersants, the circumstances, if any, and the manner
for the application of the dispersants in conformance with
the department’s rules.
(2)(a) The owner or operator of a tank vessel of three
thousand gross tons or more shall submit a contingency plan
to the department within six months after the department
adopts rules establishing standards for contingency plans
under subsection (1) of this section.
(b) Contingency plans for all other covered vessels shall
be submitted to the department within eighteen months after
the department has adopted rules under subsection (1) of this
section. The department may adopt a schedule for submission of plans within the eighteen-month period.
(3)(a) The owner or operator of a tank vessel or of the
facilities at which the vessel will be unloading its cargo, or
a Washington state nonprofit corporation established for the
purpose of oil spill response and contingency plan coverage
and of which the owner or operator is a member, shall
submit the contingency plan for the tank vessel. Subject to
conditions imposed by the department, the owner or operator
(2002 Ed.)
88.46.060
of a facility may submit a single contingency plan for tank
vessels of a particular class that will be unloading cargo at
the facility.
(b) The contingency plan for a cargo vessel or passenger
vessel may be submitted by the owner or operator of the
cargo vessel or passenger vessel, by the agent for the vessel
resident in this state, or by a Washington state nonprofit
corporation established for the purpose of oil spill response
and contingency plan coverage and of which the owner or
operator is a member. Subject to conditions imposed by the
department, the owner, operator, or agent may submit a
single contingency plan for cargo vessels or passenger
vessels of a particular class.
(c) A person who has contracted with a covered vessel
to provide containment and cleanup services and who meets
the standards established pursuant to RCW 90.56.240, may
submit the plan for any covered vessel for which the person
is contractually obligated to provide services. Subject to
conditions imposed by the department, the person may
submit a single plan for more than one covered vessel.
(4) A contingency plan prepared for an agency of the
federal government or another state that satisfies the requirements of this section and rules adopted by the department
may be accepted by the department as a contingency plan
under this section. The department shall assure that to the
greatest extent possible, requirements for contingency plans
under this section are consistent with the requirements for
contingency plans under federal law.
(5) In reviewing the contingency plans required by this
section, the department shall consider at least the following
factors:
(a) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification
procedures and call down lists, response time, and logistical
arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and
to protect the environment;
(b) The nature and amount of vessel traffic within the
area covered by the plan;
(c) The volume and type of oil being transported within
the area covered by the plan;
(d) The existence of navigational hazards within the area
covered by the plan;
(e) The history and circumstances surrounding prior
spills of oil within the area covered by the plan;
(f) The sensitivity of fisheries and wildlife and other
natural resources within the area covered by the plan;
(g) Relevant information on previous spills contained in
on-scene coordinator reports prepared by the director; and
(h) The extent to which reasonable, cost-effective
measures to prevent a likelihood that a spill will occur have
been incorporated into the plan.
(6) The department shall approve a contingency plan
only if it determines that the plan meets the requirements of
this section and that, if implemented, the plan is capable, in
terms of personnel, materials, and equipment, of removing
oil promptly and properly and minimizing any damage to the
environment.
(7) The approval of the contingency plan shall be valid
for five years. Upon approval of a contingency plan, the
department shall provide to the person submitting the plan a
statement indicating that the plan has been approved, the
[Title 88 RCW—page 37]
88.46.060
Title 88 RCW: Navigation and Harbor Improvements
vessels covered by the plan, and other information the
department determines should be included.
(8) An owner or operator of a covered vessel shall
notify the department in writing immediately of any significant change of which it is aware affecting its contingency
plan, including changes in any factor set forth in this section
or in rules adopted by the department. The department may
require the owner or operator to update a contingency plan
as a result of these changes.
(9) The department by rule shall require contingency
plans to be reviewed, updated, if necessary, and resubmitted
to the department at least once every five years.
(10) Approval of a contingency plan by the department
does not constitute an express assurance regarding the
adequacy of the plan nor constitute a defense to liability
imposed under this chapter or other state law. [2000 c 69 §
6; 1995 c 148 § 3; 1992 c 73 § 20; 1991 c 200 § 419.]
*Reviser’s note: The office of marine safety was abolished and its
powers, duties, and functions transferred to the department of ecology by
1991 c 200 § 430, effective July 1, 1997.
Effective date—1995 c 148 §§ 1-3: "Sections 1 through 3 of this act
are necessary for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing public institutions,
and shall take effect immediately [April 27, 1995]." [1995 c 148 § 6.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
88.46.062 Nonprofit corporation providing contingency plan—Findings—Termination of maritime commission. (1) The legislature finds that there is a need to continue to provide oil spill response and contingency plan
coverage for vessels that do not have their own contingency
plans that transit the waters of this state. A nonprofit
corporation shall be established for the sole purpose of
providing oil spill response and contingency plan coverage
in compliance with RCW 88.46.060.
(2) The maritime commission may conduct activities
and make expenditures necessary for the transition of
services presently provided by the commission and its
contractors to the nonprofit corporation established pursuant
to this section.
(3) Once the nonprofit corporation is established and the
transfers under RCW 88.46.063 are completed, the maritime
commission may cease operation. [1995 c 148 § 1.]
Effective date—1995 c 148 §§ 1-3: See note following RCW
88.46.060.
88.46.063 Nonprofit corporation providing contingency plan—Transfer of functions and assets from
maritime commission. All reports, documents, surveys,
books, records, files, papers, written materials, tangible
property, and assets, including contracts and assessment
moneys held by the maritime commission shall be transferred to the nonprofit corporation created under RCW
88.46.062. Funds transferred under this section shall be used
for the sole purpose of providing oil spill response and
contingency plan coverage and related activities in compliance with RCW 88.46.060. No funds may be transferred
under this section until all liabilities of the maritime commission have been provided for or satisfied. All liabilities not
provided for or satisfied by the maritime commission before
cessation of its operations shall be transferred to the nonprof[Title 88 RCW—page 38]
it corporation at the time the maritime commission’s assets
are transferred to the corporation. [1995 c 148 § 2.]
Effective date—1995 c 148 §§ 1-3: See note following RCW
88.46.060.
88.46.065 Nonprofit corporation providing contingency plan—Liability limited. A nonprofit corporation
established for the sole purpose of providing contingency
plan coverage for any vessel in compliance with RCW
88.46.060 is entitled to liability protection as provided in this
section. Obligations incurred by the corporation and any
other liabilities or claims against the corporation may be
enforced only against the assets of the corporation, and no
liability for the debts or actions of the corporation exists
against a director, officer, member, employee, incident
commander, agent, contractor, or subcontractor of the corporation in his or her individual or representative capacity.
Except as otherwise provided in this chapter, neither the
directors, officers, members, employees, incident commander[s], or agents of the corporation, nor the business
entities by whom they are regularly employed may be held
individually responsible for discretionary decisions, errors in
judgment, mistakes, or other acts, either of commission or
omission, that are directly related to the operation or
implementation of contingency plans, other than for acts of
gross negligence or willful or wanton misconduct. The
corporation may insure and defend and indemnify the
directors, officers, members, employees, incident commanders, and agents to the extent permitted by chapters 23B.08
and 24.03 RCW. This section does not alter or limit the
responsibility or liability of any person for the operation of
a motor vehicle. [1994 sp.s. c 9 § 853.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
88.46.070 Enforcement of prevention plans and
contingency plans—Determination of violation—Order or
directive—Notice. (1) The provisions of prevention plans
and contingency plans approved by the department pursuant
to this chapter shall be legally binding on those persons
submitting them to the department and on their successors,
assigns, agents, and employees. The superior court shall
have jurisdiction to restrain a violation of, compel specific
performance of, or otherwise to enforce such plans upon
application by the department. The department may issue an
order pursuant to chapter 34.05 RCW requiring compliance
with a contingency plan or a prevention plan and may
impose administrative penalties for failure to comply with a
plan.
(2) If the director believes a person has violated or is
violating or creates a substantial potential to violate the
provisions of this chapter, the director shall notify the person
of the director’s determination by registered mail. The
determination shall not constitute an order or directive under
RCW 43.21B.310. Within thirty days from the receipt of
notice of the determination, the person shall file with the
director a full report stating what steps have been and are
being taken to comply with the determination of the director.
The director shall issue an order or directive, as the director
deems appropriate under the circumstances, and shall notify
the person by registered mail.
(2002 Ed.)
Vessel Oil Spill Prevention and Response
(3) If the director believes immediate action is necessary
to accomplish the purposes of this chapter, the director may
issue an order or directive, as appropriate under the circumstances, without first issuing a notice or determination
pursuant to subsection (2) of this section. An order or directive issued pursuant to this subsection shall be served by
registered mail or personally upon any person to whom it is
directed. [2000 c 69 § 7; 1992 c 73 § 21; 1991 c 200 §
420.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
88.46.080 Unlawful operation of a covered vessel—
Penalties—Evidence of approved contingency plan or
prevention plan. (1) Except as provided in subsection (2)
of this section, it shall be unlawful for the owner or operator
to knowingly and intentionally operate in this state or on the
waters of this state a covered vessel without an approved
contingency plan or an approved prevention plan as required
by this chapter, or financial responsibility in compliance with
chapter 88.40 RCW and the federal oil pollution act of 1990.
The first conviction under this section shall be a gross
misdemeanor under chapter 9A.20 RCW. A second or
subsequent conviction shall be a class C felony under
chapter 9A.20 RCW.
(2) It shall not be unlawful for the owner or operator to
operate a covered vessel if:
(a) The covered vessel is not required to have a contingency plan, spill prevention plan, or financial responsibility;
(b) All required plans have been submitted to the
department as required by this chapter and rules adopted by
the department and the department is reviewing the plan and
has not denied approval; or
(c) The covered vessel has entered state waters after the
United States coast guard has determined that the vessel is
in distress.
(3) A person may rely on a copy of the statement issued
by the department pursuant to RCW 88.46.060 as evidence
that a vessel has an approved contingency plan and the
statement issued pursuant to RCW 88.46.040 that a vessel
has an approved prevention plan.
(4) Any person found guilty of willfully violating any
of the provisions of this chapter, or any final written orders
or directive of the director or a court in pursuance thereof
shall be deemed guilty of a gross misdemeanor, as provided
in chapter 9A.20 RCW, and upon conviction thereof shall be
punished by a fine of up to ten thousand dollars and costs of
prosecution, or by imprisonment in the county jail for not
more than one year, or by both such fine and imprisonment
in the discretion of the court. Each day upon which a willful
violation of the provisions of this chapter occurs may be
deemed a separate and additional violation. [2000 c 69 § 8;
1992 c 73 § 22; 1991 c 200 § 421.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
88.46.090 Unlawful acts—Civil penalty. (1) Except
as provided in subsection (4) of this section, it shall be
unlawful for a covered vessel to enter the waters of the state
without an approved contingency plan required by RCW
88.46.060, a spill prevention plan required by RCW
(2002 Ed.)
88.46.070
88.46.040, or financial responsibility in compliance with
chapter 88.40 RCW and the federal oil pollution act of 1990.
The department may deny entry onto the waters of the state
to any covered vessel that does not have a required contingency or spill prevention plan or financial responsibility.
(2) Except as provided in subsection (4) of this section,
it shall be unlawful for a covered vessel to transfer oil to or
from an onshore or offshore facility that does not have an
approved contingency plan required under RCW 90.56.210,
a spill prevention plan required by RCW 90.56.200, or financial responsibility in compliance with chapter 88.40 RCW
and the federal oil pollution act of 1990.
(3) The director may assess a civil penalty of up to one
hundred thousand dollars against the owner or operator of a
vessel who is in violation of subsection (1) or (2) of this
section. Each day that the owner or operator of a covered
vessel is in violation of this section shall be considered a
separate violation.
(4) It shall not be unlawful for a covered vessel to
operate on the waters of the state if:
(a) A contingency plan, a prevention plan, or financial
responsibility is not required for the covered vessel;
(b) A contingency plan and prevention plan has been
submitted to the department as required by this chapter and
rules adopted by the department and the department is
reviewing the plan and has not denied approval; or
(c) The covered vessel has entered state waters after the
United States coast guard has determined that the vessel is
in distress.
(5) Any person may rely on a copy of the statement
issued by the department to RCW 88.46.060 as evidence that
the vessel has an approved contingency plan and the statement issued pursuant to RCW 88.46.040 as evidence that the
vessel has an approved spill prevention plan.
(6) Except for violations of subsection (1) or (2) of this
section, any person who violates the provisions of this
chapter or rules or orders adopted or issued pursuant thereto,
shall incur, in addition to any other penalty as provided by
law, a penalty in an amount of up to ten thousand dollars a
day for each violation. Each violation is a separate offense,
and in case of a continuing violation, every day’s continuance is a separate violation. Every act of commission or
omission which procures, aids, or abets in the violation shall
be considered a violation under the provisions of this
subsection and subject to penalty. The penalty amount shall
be set in consideration of the previous history of the violator
and the severity of the violation’s impact on public health
and the environment in addition to other relevant factors.
The penalty shall be imposed pursuant to the procedures set
forth in RCW 43.21B.300. [2000 c 69 § 9; 1992 c 73 § 23;
1991 c 200 § 422.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
88.46.100 Notification of accidents and near miss
incidents. (1) In order to assist the state in identifying areas
of the navigable waters of the state needing special attention,
the owner or operator of a covered vessel shall notify the
coast guard within one hour:
(a) Of the disability of the covered vessel if the disabled
vessel is within twelve miles of the shore of the state; and
[Title 88 RCW—page 39]
88.46.100
Title 88 RCW: Navigation and Harbor Improvements
(b) Of a collision or a near miss incident within twelve
miles of the shore of the state.
(2) The state military department and the department
shall request the coast guard to notify the state military
department as soon as possible after the coast guard receives
notice of a disabled covered vessel or of a collision or near
miss incident within twelve miles of the shore of the state.
The department shall negotiate an agreement with the coast
guard governing procedures for coast guard notification to
the state regarding disabled covered vessels and collisions
and near miss incidents.
(3) The department shall prepare a summary of the
information collected under this section and provide the
summary to the regional marine safety committees, the coast
guard, and others in order to identify problems with the
marine transportation system.
(4) For the purposes of this section:
(a) A tank vessel or cargo vessel is considered disabled
if any of the following occur:
(i) Any accidental or intentional grounding;
(ii) The total or partial failure of the main propulsion or
primary steering or any component or control system that
causes a reduction in the maneuvering capabilities of the
vessel;
(iii) An occurrence materially and adversely affecting
the vessel’s seaworthiness or fitness for service, including
but not limited to, fire, flooding, or collision with another
vessel;
(iv) Any other occurrence that creates the serious
possibility of an oil spill or an occurrence that may result in
such a spill.
(b) A barge is considered disabled if any of the following occur:
(i) The towing mechanism becomes disabled;
(ii) The towboat towing the barge becomes disabled
through occurrences defined in (a) of this subsection.
(c) A near miss incident is an incident that requires the
pilot or master of a covered vessel to take evasive actions or
make significant course corrections in order to avoid a
collision with another ship or to avoid a grounding as
required by the international rules of the road.
(5) Failure of any person to make a report under this
section shall not be used as the basis for the imposition of
any fine or penalty. [2000 c 69 § 10; 1995 c 391 § 9; 1991
c 200 § 423.]
Effective date—1995 c 391: See note following RCW 38.52.005.
88.46.120 Tank vessel response equipment standards. The department may adopt rules including but not
limited to standards for spill response equipment to be
maintained on tank vessels. The standards adopted under
this section shall be consistent with spill response equipment
standards adopted by the United States coast guard. [2000
c 69 § 11; 1991 c 200 § 425.]
88.46.130 Emergency response system. An emergency response system for the Strait of Juan de Fuca shall be
established by July 1, 1992. In establishing the emergency
response system, the *administrator shall consider the recommendations of the regional marine safety committees. The
*administrator shall also consult with the province of British
[Title 88 RCW—page 40]
Columbia regarding its participation in the emergency
response system. [1991 c 200 § 426.]
*Reviser’s note: The powers, duties, and functions of the administrator were transferred to the director of ecology by 1991 c 200 § 430,
effective July 1, 1997.
88.46.160 Refueling, bunkering, or lightering operations—Availability of containment and recovery equipment. Any person or facility conducting ship refueling and
bunkering operations, or the lightering of petroleum products, and any person or facility transferring oil between an
onshore or offshore facility and a tank vessel shall have
containment and recovery equipment readily available for
deployment in the event of the discharge of oil into the waters of the state and shall deploy the containment and
recovery equipment in accordance with standards adopted by
the department. All persons conducting refueling, bunkering,
or lightering operations, or oil transfer operations shall be
trained in the use and deployment of oil spill containment
and recovery equipment. The department shall adopt rules
as necessary to carry out the provisions of this section. The
rules shall include standards for the circumstances under
which containment equipment should be deployed. An
onshore or offshore facility shall include the procedures used
to contain and recover discharges in the facility’s contingency plan. It is the responsibility of the person providing
bunkering, refueling, or lightering services to provide any
containment or recovery equipment required under this section. This section does not apply to a person operating a
ship for personal pleasure or for recreational purposes.
[2000 c 69 § 12; 1991 c 200 § 438; 1987 c 479 § 2.
Formerly RCW 90.48.510.]
88.46.170 Field operations program—Coordination
with United States coast guard. (1) The department shall
establish a field operations program to enforce the provisions
of this chapter. The field operations program shall include,
but is not limited to, the following elements:
(a) Education and public outreach;
(b) Review of lightering and bunkering operations to
prevent oil spills;
(c) Evaluation and boarding of tank vessels for compliance with prevention plans prepared pursuant to this chapter;
(d) Evaluation and boarding of covered vessels that may
pose a substantial risk to the public health, safety, and the
environment;
(e) Evaluation and boarding of covered vessels for
compliance with rules adopted by the department to implement recommendations of regional marine safety committees;
and
(f) Collection of vessel information to assist in identifying vessels which pose a substantial risk to the public health,
safety, and the environment.
(2) The department shall coordinate the field operations
program with similar activities of the United States coast
guard. To the extent feasible, the department shall coordinate its boarding schedules with those of the United States
coast guard to reduce the impact of boardings on vessel
operators, to more efficiently use state and federal resources,
and to avoid duplication of United States coast guard
inspection operations.
(2002 Ed.)
Vessel Oil Spill Prevention and Response
(3) In developing and implementing the field operations
program, the department shall give priority to activities
designed to identify those vessels which pose the greatest
risk to the waters of the state. The department shall consult
with the marine transportation industry, individuals concerned with the marine environment, other state and federal
agencies, and the public in developing and implementing the
program required by this section. [2000 c 69 § 13; 1993 c
162 § 1.]
88.46.170
priation accounts and equipment records in accordance with
the certification. [1991 c 200 § 435.]
*Reviser’s note: (1) RCW 88.46.922 was repealed by 2000 c 69 §
37.
(2) RCW 88.46.924 and 88.46.925 were decodified by 2000 c 69 § 36.
Effective date—1991 c 200 §§ 430-436: See note following RCW
88.46.921.
Severability—1993 c 162: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1993 c 162 § 4.]
Effective date—1993 c 162: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect July 1,
1993." [1993 c 162 § 5.]
88.46.200 Advisory marine safety committees—
Recommendations. The director may appoint ad hoc,
advisory marine safety committees to solicit recommendations and technical advice concerning vessel traffic safety.
The department may implement recommendations made in
regional marine safety plans that are approved by the
department and over which the department has authority. If
federal authority or action is required to implement the
recommendations, the department may petition the appropriate agency or the congress. [2000 c 69 § 14; 1994 sp.s. c 9
§ 854.]
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
88.46.900 Captions not law. Section headings as
used in this chapter do not constitute any part of the law.
[1991 c 200 § 427.]
88.46.901 Effective dates—Severability—1991 c 200.
See RCW 90.56.901 and 90.56.904.
88.46.921 Office of marine safety abolished. The
office of marine safety is hereby abolished and its powers,
duties, and functions are hereby transferred to the department
of ecology. All references to the administrator or office of
marine safety in the Revised Code of Washington shall be
construed to mean the director or department of ecology.
[1991 c 200 § 430.]
Expiration date—1995 2nd sp.s. c 14 §§ 511-523 and 528-533: See
note following RCW 43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective date—1991 c 200 §§ 430-436: "Sections 430 through 436
of this act shall take effect July 1, 1997." [(1995 2nd sp.s. c 14 § 521
expired June 30, 1997); 1991 c 200 § 1120.]
88.46.926 Apportionments of budgeted funds. If
apportionments of budgeted funds are required because of
the transfers directed by *RCW 88.46.922 through
88.46.925, the director of financial management shall certify
the apportionments to the agencies affected, the state auditor,
and the state treasurer. Each of these shall make the
appropriate transfer and adjustments in funds and appro-
(2002 Ed.)
[Title 88 RCW—page 41]
Title 89
RECLAMATION, SOIL CONSERVATION, AND LAND
SETTLEMENT
Chapters
89.08
Conservation districts.
89.12
Reclamation and irrigation districts in reclamation areas.
89.16
Reclamation by state.
89.30
Reclamation districts of one million acres.
Assessments and charges against state lands: Chapter 79.44 RCW.
Construction projects in state waters: Chapter 77.55 RCW.
Conveyance of real property by public bodies—Recordings: RCW
65.08.095.
Diking and drainage: Title 85 RCW.
Disincorporation of district located in counties with a population of two
hundred ten thousand or more and inactive for five years: Chapter
57.90 RCW.
Facilitating recovery from Mt. St. Helens eruption
scope of local government action: RCW 36.01.150.
scope of state agency action: RCW 43.01.210.
Flood control: Title 86 RCW.
Hospitalization and medical aid for public employees and dependents—
Premiums, governmental contributions authorized: RCW 41.04.180,
41.04.190.
Lien for labor and materials on public works: Chapter 60.28 RCW.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.90.150.
Public bodies may retain collection agencies to collect public debts—Fees:
RCW 19.16.500.
Chapter 89.08
CONSERVATION DISTRICTS
Sections
89.08.005
89.08.010
89.08.020
89.08.030
89.08.040
89.08.050
89.08.060
89.08.070
89.08.080
89.08.090
89.08.100
89.08.110
89.08.120
89.08.130
89.08.140
89.08.150
89.08.160
89.08.170
89.08.180
89.08.185
89.08.190
(2002 Ed.)
Short title.
Preamble.
Definitions.
Conservation commission.
Members—Compensation and travel expenses—Records,
rules, hearings, etc.
Employees—Delegation—Quorum.
Assistance of other state agencies and institutions.
General duties of commission.
Petition to form district—Contents.
Notice of hearing—Hearing.
Findings—Order.
Election—How conducted.
Ballots.
Notice of election.
Expense of hearing and election.
Procedure after canvass.
Appointment of supervisors—Application to secretary of
state.
Secretary of state’s certificate—Change of name.
Annexation of territory—Boundary change—Combining two
or more districts.
Petition to withdraw from district—Approval or rejection—
Disputed petitions.
Nomination and election of supervisors—Annual meeting of
voters.
89.08.200
Supervisors—Term, vacancies, removal, etc.—
Compensation.
89.08.210 Powers and duties of supervisors.
89.08.215 Treasurer—Powers and duties—Bond.
89.08.220 Corporate status and powers of district.
89.08.341 Intergovernmental cooperation—Authority.
89.08.350 Petition to dissolve district—Election.
89.08.360 Result of election—Dissolution.
89.08.370 Disposition of affairs upon dissolution.
89.08.390 Water rights preserved—1939 c 187.
89.08.391 Water rights preserved—1973 1st ex.s. c 184.
89.08.400 Special assessments for natural resource conservation.
89.08.410 Grants to conservation districts.
89.08.440 Best management practices for fish and wildlife habitat,
water quality, and water quantity property tax exemption—List—Forms—Certification of claims.
89.08.450 Watershed restoration projects—Intent.
89.08.460 Watershed restoration projects—Definitions.
89.08.470 Watershed restoration projects—Consolidated permit application process—Fish habitat enhancement project.
89.08.480 Watershed restoration projects—Designated recipients of
project applications—Notice to commission.
89.08.490 Watershed restoration projects—Acceptance of applications—Permit decisions.
89.08.500 Watershed restoration projects—Appointment of project
facilitator by permit assistance center—Coordinated
process for permit decisions.
89.08.510 Watershed restoration projects—General permits—
Cooperative permitting agreements.
89.08.520 Water quality and habitat protection grant programs—
Statement of environmental benefits—Development of
outcome-focused performance measures.
89.08.530 Agricultural conservation easements program.
89.08.540 Agricultural conservation easements account.
89.08.900 Severability—1939 c 187.
89.08.901 Severability—1973 1st ex.s. c 184.
89.08.902 Severability—1989 c 18.
Duties of conservation commission and conservation districts for dairy
waste management: Chapter 90.64 RCW.
Property tax exemption for district’s personal property: RCW 84.36.240,
84.36.815.
State participation in soil conservation district—Limit: RCW 86.26.100.
89.08.005 Short title. This chapter shall be known
and cited as the conservation districts law. [1973 1st ex.s.
c 184 § 1; 1961 c 240 § 1; 1939 c 187 § 1; RRS § 107261.]
89.08.010 Preamble. It is hereby declared, as a
matter of legislative determination:
(1) That the lands of the state of Washington are among
the basic assets of the state and that the preservation of these
lands is necessary to protect and promote the health, safety,
and general welfare of its people; that improper land-use
practices have caused and have contributed to, and are now
causing and contributing to, a progressively more serious
erosion of the lands of this state by wind and water; that the
breaking of natural grass, plant and forest cover have
[Title 89 RCW—page 1]
89.08.010
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
interfered with the natural factors of soil stabilization,
causing loosening of soil and exhaustion of humus, and
developing a soil condition that favors erosion; that the
topsoil is being blown and washed off of lands; that there
has been an accelerated washing of sloping lands; that these
processes of erosion by wind and water speed up with
removal of absorptive topsoil, causing exposure of less
absorptive and less protective but more erosive subsoil; that
failure by any land occupier to conserve the soil and control
erosion upon his lands may cause a washing and blowing of
soil from his lands onto other lands and makes the conservation of soil and control of erosion on such other lands
difficult or impossible, and that extensive denuding of land
for development creates critical erosion areas that are
difficult to effectively regenerate and the resulting sediment
causes extensive pollution of streams, ponds, lakes and other
waters.
(2) That the consequences of such soil erosion in the
form of soil blowing and soil washing are the silting and
sedimentation of stream channels, reservoirs, dams, ditches,
and harbors, and loading the air with soil particles; the loss
of fertile soil material in dust storms; the piling up of soil on
lower slopes and its deposit over alluvial plains; the reduction in productivity or outright ruin of rich bottom lands by
overwash of poor subsoil material, sand, and gravel swept
out of the hills; deterioration of soil and its fertility, deterioration of crops grown thereon, and declining acre yields
despite development of scientific processes for increasing
such yields; loss of soil and water which causes destruction
of food and cover for wildlife; a blowing and washing of
soil into streams which silts over spawning beds, and
destroys water plants, diminishing the food supply of fish; a
diminishing of the underground water reserve, which causes
water shortages, intensifies periods of drought, and causes
crop failures; an increase in the speed and volume of rainfall
run-off, causing severe and increasing floods, which bring
suffering, disease, and death; impoverishment of families
attempting to farm eroding and eroded lands; damage to
roads, highways, railways, buildings, and other property from
floods and from dust storms; and losses in navigation,
hydroelectric power, municipal water supply, irrigation
developments, farming and grazing.
(3) That to conserve soil resources and control and
prevent soil erosion and prevent flood water and sediment
damages, and further agricultural and nonagricultural phases
of the conservation, development, utilization, and disposal of
water, it is necessary that land-use practices contributing to
soil wastage and soil erosion be discouraged and discontinued, and appropriate soil-conserving land-use practices, and
works of improvement for flood prevention of agricultural
and nonagricultural phases of the conservation, development,
utilization, and disposal of water be adopted and carried out;
that among the procedures necessary for widespread adoption, are the carrying on of engineering operations such as
the construction of terraces, terrace outlets, check-dams,
desilting basins, flood water retarding structures, channel
floodways, dikes, ponds, ditches, and the like; the utilization
of strip cropping, contour cultivating, and contour furrowing;
land irrigation; seeding and planting of waste, sloping,
abandoned, or eroded lands to water-conserving and erosionpreventing plants, trees, and grasses; forestation and reforestation; rotation of crops; soil stabilizations with trees,
[Title 89 RCW—page 2]
grasses, legumes, and other thick-growing, soil-holding
crops, retardation of run-off by increasing absorption of
rainfall; and retirement from cultivation of steep, highly
erosive areas and areas now badly gullied or otherwise
eroded.
(4) Whereas, there is a pressing need for the conservation of renewable resources in all areas of the state, whether
urban, suburban, or rural, and that the benefits of resource
practices, programs, and projects, as carried out by the state
conservation commission and by the conservation districts,
should be available to all such areas; therefore, it is hereby
declared to be the policy of the legislature to provide for the
conservation of the renewable resources of this state, and for
the control and prevention of soil erosion, and for the
prevention of flood water and sediment damages, and for
furthering agricultural and nonagricultural phases of conservation, development, utilization, and disposal of water, and
thereby to preserve natural resources, control floods, prevent
impairment of dams and reservoirs, assist in maintaining the
navigability of rivers and harbors, preserve wildlife, protect
the tax base, protect public lands, and protect and promote
the health, safety, and general welfare of the people of this
state. To this end all incorporated cities and towns heretofore excluded from the boundaries of a conservation district
established pursuant to the provisions of the state conservation district law, as amended, may be approved by the
conservation commission as being included in and deemed
a part of the district upon receiving a petition for annexation
signed by the governing authority of the city or town and the
conservation district within the exterior boundaries of which
it lies in whole or in part or to which it lies closest. [1973
1st ex.s. c 184 § 2; 1939 c 187 § 2; RRS § 10726-2.]
89.08.020 Definitions. Unless the context clearly indicates otherwise, as used in this chapter:
"Commission" and "state conservation commission"
means the agency created hereunder. All former references
to "state soil and water conservation committee", "state
committee" or "committee" shall be deemed to be references
to the "state conservation commission";
"District", or "conservation district" means a governmental subdivision of this state and a public body corporate
and politic, organized in accordance with the provisions of
chapter 184, Laws of 1973 1st ex. sess., for the purposes,
with the powers, and subject to the restrictions set forth in
this chapter. All districts created under chapter 184, Laws
of 1973 1st ex. sess. shall be known as conservation districts
and shall have all the powers and duties set out in chapter
184, Laws of 1973 1st ex. sess. All references in chapter
184, Laws of 1973 1st ex. sess. to "districts", or "soil and
water conservation districts" shall be deemed to be reference
to "conservation districts";
"Board" and "supervisors" mean the board of supervisors of a conservation district;
"Land occupier" or "occupier of land" includes any
person, firm, political subdivision, government agency,
municipality, public or private corporation, copartnership,
association, or any other entity whatsoever which holds title
to, or is in possession of, any lands lying within a district
organized under the provisions of chapter 184, Laws of 1973
(2002 Ed.)
Conservation Districts
1st ex. sess., whether as owner, lessee, renter, tenant, or
otherwise;
"District elector" or "voter" means a registered voter in
the county where the district is located who resides within
the district boundary or in the area affected by a petition;
"Due notice" means a notice published at least twice,
with at least six days between publications, in a publication
of general circulation within the affected area, or if there is
no such publication, by posting at a reasonable number of
public places within the area, where it is customary to post
notices concerning county and municipal affairs. Any
hearing held pursuant to due notice may be postponed from
time to time without a new notice;
"Renewable natural resources", "natural resources" or
"resources" includes land, air, water, vegetation, fish,
wildlife, wild rivers, wilderness, natural beauty, scenery and
open space;
"Conservation" includes conservation, development,
improvement, maintenance, preservation, protection and use,
and alleviation of floodwater and sediment damages, and the
disposal of excess surface waters.
"Farm and agricultural land" means either (a) land in
any contiguous ownership of twenty or more acres devoted
primarily to agricultural uses; (b) any parcel of land five
acres or more but less than twenty acres devoted primarily
to agricultural uses, which has produced a gross income
from agricultural uses equivalent to one hundred dollars or
more per acre per year for three of the five calendar years
preceding the date of application for classification under this
chapter; or (c) any parcel of land of less than five acres
devoted primarily to agricultural uses which has produced a
gross income of one thousand dollars or more per year for
three of the five calendar years preceding the date of application for classification under this chapter. Agricultural
lands shall also include farm woodlots of less than twenty
and more than five acres and the land on which appurtenances necessary to production, preparation or sale of the
agricultural products exist in conjunction with the lands
producing such products. Agricultural lands shall also
include any parcel of land of one to five acres, which is not
contiguous, but which otherwise constitutes an integral part
of farming operations being conducted on land qualifying
under this section as "farm and agricultural lands". [1999 c
305 § 1; 1973 1st ex.s. c 184 § 3; 1961 c 240 § 2; 1955 c
304 § 1; 1939 c 187 § 3; RRS § 10726-3.]
89.08.030 Conservation commission. There is hereby
established to serve as an agency of the state and to perform
the functions conferred upon it by law, the state conservation
commission, which shall succeed to all powers, duties and
property of the state soil and water conservation committee.
The commission shall consist of ten members, five of
whom are ex officio. Two members shall be appointed by
the governor, one of whom shall be a landowner or operator
of a farm. At least two of the three elected members shall
be landowners or operators of a farm and shall be elected as
herein provided. The appointed members shall serve for a
term of four years.
The three elected members shall be elected for threeyear terms, one shall be elected each year by the district
supervisors at their annual statewide meeting. One of the
(2002 Ed.)
89.08.020
members shall reside in eastern Washington, one in central
Washington and one in western Washington, the specific
boundaries to be determined by district supervisors. At the
first such election, the term of the member from western
Washington shall be one year, central Washington two years
and eastern Washington three years, and successors shall be
elected for three years.
Unexpired term vacancies in the office of appointed
commission members shall be filled by appointment by the
governor in the same manner as full-term appointments.
Unexpired terms of elected commission members shall be
filled by the regional vice president of the Washington
association of conservation districts who is serving that part
of the state where the vacancy occurs, such term to continue
only until district supervisors can fill the unexpired term by
electing the commission member.
The director of the department of ecology, the director
of the department of agriculture, the commissioner of public
lands, the president of the Washington association of
conservation districts, and the dean of the college of agriculture at Washington State University shall be ex officio
members of the commission. An ex officio member of the
commission shall hold office so long as he or she retains the
office by virtue of which he or she is a member of the
commission. Ex officio members may delegate their
authority.
The commission may invite appropriate officers of
cooperating organizations, state and federal agencies to serve
as advisers to the conservation commission. [1987 c 180 §
1; 1983 c 248 § 13; 1973 1st ex.s. c 184 § 4; 1967 c 217 §
1; 1961 c 240 § 3; 1955 c 304 § 3. Prior: 1951 c 216 § 3;
1949 c 106 § 1, part; 1939 c 187 § 4, part; Rem. Supp. 1949
§ 10726-4, part.]
89.08.040 Members—Compensation and travel
expenses—Records, rules, hearings, etc. Members shall be
compensated in accordance with RCW 43.03.240 and shall
be entitled to travel expenses in accordance with RCW
43.03.050 and 43.03.060 incurred in the discharge of their
duties.
The commission shall keep a record of its official
actions, shall adopt a seal, which shall be judicially noticed,
and may perform such acts, hold such public hearings, and
promulgate such rules and regulations as may be necessary
for the execution of its functions under chapter 184, Laws of
1973 1st ex. sess. The state department of ecology is
empowered to pay the travel expenses of the elected and
appointed members of the state conservation commission,
and the salaries, wages and other expenses of such administrative officers or other employees as may be required under
the provisions of this chapter. [1984 c 287 § 112; 1975-’76
2nd ex.s. c 34 § 179; 1973 1st ex.s. c 184 § 5; 1961 c 240
§ 4; 1955 c 304 § 4. Prior: 1951 c 216 § 4; 1949 c 106 §
1, part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4,
part.]
Legislative findings—Severability—Effective date—1984 c 287:
See notes following RCW 43.03.220.
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
[Title 89 RCW—page 3]
89.08.050
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
89.08.050 Employees—Delegation—Quorum. The
commission may employ an administrative officer, and such
technical experts and such other agents and employees,
permanent and temporary as it may require, and shall
determine their qualifications, duties, and compensation. The
commission may call upon the attorney general for such
legal services as it may require.
It shall have authority to delegate to its chairman, to one
or more of its members, to one or more agents or employees
such duties and powers as it deems proper. It shall be
supplied with suitable office accommodations at the central
office of the department of ecology, and shall be furnished
the necessary supplies and equipment.
The commission shall organize annually and select a
chairman from among its members, who shall serve for one
year from the date of his selection. A majority of the commission shall constitute a quorum and all actions of the
commission shall be by a majority vote of the members
present and voting at a meeting at which a quorum is present. [1973 1st ex.s. c 184 § 6; 1961 c 240 § 5; 1955 c 304
§ 5. Prior: 1949 c 106 § 1, part; 1939 c 187 § 4, part;
Rem. Supp. 1949 § 10726-4, part.]
89.08.060 Assistance of other state agencies and
institutions. Upon request of the commission, for the
purpose of carrying out any of its functions, the supervising
officer of any state agency or state institution of learning
may, insofar as may be possible under available appropriations and having due regard to the needs of the agency to
which the request is directed, assign or detail to the commission, members of the staff or personnel of such agency or
institution of learning, and make such special reports,
surveys, or studies as the commission may request. [1973
1st ex.s. c 184 § 7; 1955 c 304 § 6. Prior: 1949 c 106 § 1,
part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4,
part.]
89.08.070 General duties of commission. In addition
to the duties and powers hereinafter conferred upon the
commission, it shall have the following duties and powers:
(1) To offer such assistance as may be appropriate to
the supervisors of conservation districts organized under the
provisions of chapter 184, Laws of 1973 1st ex. sess., in the
carrying out of any of their powers and programs:
(a) to assist and guide districts in the preparation and
carrying out of programs for resource conservation authorized under chapter 184, Laws of 1973 1st ex. sess.;
(b) to review district programs;
(c) to coordinate the programs of the several districts
and resolve any conflicts in such programs;
(d) to facilitate, promote, assist, harmonize, coordinate,
and guide the resource conservation programs and activities
of districts as they relate to other special purpose districts,
counties, and other public agencies.
(2) To keep the supervisors of each of the several
conservation districts organized under the provisions of
chapter 184, Laws of 1973 1st ex. sess. informed of the
activities and experience of all other districts organized
hereunder, and to facilitate an interchange of advice and
experience between such districts and cooperation between
them.
[Title 89 RCW—page 4]
(3) To review agreements, or forms of agreements,
proposed to be entered into by districts with other districts
or with any state, federal, interstate, or other public or
private agency, organization, or individual, and advise the
districts concerning such agreements or forms of agreements.
(4) To secure the cooperation and assistance of the
United States and any of its agencies, and of agencies of this
state in the work of such districts.
(5) To recommend the inclusion in annual and longer
term budgets and appropriation legislation of the state of
Washington of funds necessary for appropriation by the
legislature to finance the activities of the commission and the
conservation districts; to administer the provisions of any
law hereinafter enacted by the legislature appropriating funds
for expenditure in connection with the activities of conservation districts; to distribute to conservation districts funds,
equipment, supplies and services received by the commission
for that purpose from any source, subject to such conditions
as shall be made applicable thereto in any state or federal
statute or local ordinance making available such funds,
property or services; to issue regulations establishing
guidelines and suitable controls to govern the use by
conservation districts of such funds, property and services;
and to review all budgets, administrative procedures and
operations of such districts and advise the districts concerning their conformance with applicable laws and regulations.
(6) To encourage the cooperation and collaboration of
state, federal, regional, interstate and local public and private
agencies with the conservation districts, and facilitate
arrangements under which the conservation districts may
serve county governing bodies and other agencies as their
local operating agencies in the administration of any activity
concerned with the conservation of renewable natural
resources.
(7) To disseminate information throughout the state
concerning the activities and programs of the conservation
districts organized hereunder, and to encourage the formation
of such districts in areas where their organization is desirable; to make available information concerning the needs and
the work of the conservation district and the commission to
the governor, the legislature, executive agencies of the
government of this state, political subdivisions of this state,
cooperating federal agencies, and the general public.
(8) Pursuant to procedures developed mutually by the
commission and other state and local agencies that are
authorized to plan or administer activities significantly
affecting the conservation of renewable natural resources, to
receive from such agencies for review and comment suitable
descriptions of their plans, programs and activities for
purposes of coordination with district conservation programs;
to arrange for and participate in conferences necessary to
avoid conflict among such plans and programs, to call
attention to omissions, and to avoid duplication of effort.
(9) To compile information and make studies, summaries and analysis of district programs in relation to each
other and to other resource conservation programs on a
statewide basis.
(10) To assist conservation districts in obtaining legal
services from state and local legal officers.
(11) To require annual reports from conservation
districts, the form and content of which shall be developed
by the commission.
(2002 Ed.)
Conservation Districts
(12) To establish by regulations, with the assistance and
advice of the state auditor’s office, adequate and reasonably
uniform accounting and auditing procedures which shall be
used by conservation districts. [1973 1st ex.s. c 184 § 8;
1961 c 240 § 6; 1955 c 304 § 7. Prior: 1949 c 106 § 1,
part; 1939 c 187 § 4, part; Rem. Supp. 1949 § 10726-4,
part.]
89.08.080 Petition to form district—Contents. To
form a conservation district, twenty percent of the voters
within the area to be affected may file a petition with the
commission asking that the area be organized into a district.
The petition shall give the name of the proposed district,
state that it is needed in the interest of the public health,
safety, and welfare, give a general description of the area
proposed to be organized and request that the commission
determine that it be created, and that it define the boundaries
thereof and call an election on the question of creating the
district.
If more than one petition is filed covering parts of the
same area, the commission may consolidate all or any of
them. [1999 c 305 § 2; 1973 1st ex.s. c 184 § 9; 1961 c
240 § 7; 1961 c 17 § 1. Prior: 1939 c 187 § 5, part; RRS
§ 10726-5, part.]
89.08.090 Notice of hearing—Hearing. Within thirty
days after a petition is filed, the commission shall give due
notice of the time and place of a public hearing thereon. At
the hearing all interested persons shall be heard.
If it appears to the commission that additional land
should be included in the district, the hearing shall be
adjourned and a new notice given covering the entire area
and a new date fixed for further hearing, unless waiver of
notice by the owners of the additional land is filed with the
commission.
No district shall include any portion of a railroad right
of way, or another similar district. The lands included in a
district need not be contiguous. [1973 1st ex.s. c 184 § 10;
1955 c 304 § 9. Prior: 1939 c 187 § 5, part; RRS § 107265, part.]
89.08.100 Findings—Order. After the hearing, if the
commission finds that the public health, safety, and welfare
warrant the creation of the district, it shall enter an order to
that effect and define the boundaries thereof by metes and
bounds or by legal subdivisions.
In making its findings the commission shall consider the
topography of the particular area and of the state generally;
the composition of the soil; the distribution of erosion; the
prevailing land use practices; the effects upon and benefits
to the land proposed to be included; the relation of the area
to existing watersheds and agricultural regions and to other
similar districts organized or proposed; and consider such
other physical, geographical, and economic factors as are
relevant.
If the commission finds there is no need for the district,
it shall enter an order denying the petition, and no petition
covering the same or substantially the same area may be
filed within six months thereafter. [1973 1st ex.s. c 184 §
11; 1955 c 304 § 10. Prior: 1939 c 187 § 5, part; RRS §
10726-5, part.]
(2002 Ed.)
89.08.070
89.08.110 Election—How conducted. If the commission finds that the district is needed, it shall then determine
whether it is practicable. To assist the commission in
determining this question, it shall, within a reasonable time,
submit the proposition to a vote of the district electors in the
proposed district.
The commission shall fix the date of the election,
designate the polling places, fix the hours for opening and
closing the polls, and appoint the election officials. The
election shall be conducted, the vote counted and returns
canvassed and the results published by the commission.
[1999 c 305 § 3; 1973 1st ex.s. c 184 § 12; 1955 c 304 §
11. Prior: 1939 c 187 § 5, part; RRS § 10726-5, part.]
89.08.120 Ballots. The commission shall provide the
ballots for the election which shall contain the words
" For creation of a conservation district of the lands
below described and lying in the county or counties of
. . . . . ., . . . . . . and . . . . . .," and
" Against creation of a conservation district of the
lands below described and lying in the county or counties of
. . . . . ., . . . . . . and . . . . . ."
The ballot shall set forth the boundaries of the proposed
district, and contain a direction to insert an X in the square
of the voter’s choice. [1973 1st ex.s. c 184 § 13; 1961 c
240 § 8; 1955 c 304 § 12. Prior: 1939 c 187 § 5, part;
RRS § 10726-5, part.]
89.08.130 Notice of election. The commission shall
give due notice of the election, which shall state generally
the purpose of the election, the date thereof, the place and
hours of voting, and set forth the boundaries of the proposed
district.
Only qualified district electors within the proposed
district as determined by the commission may vote at the
election. Each voter shall vote in the polling place nearest
the voter’s residence. [1999 c 305 § 4; 1973 1st ex.s. c 184
§ 14; 1955 c 304 § 13. Prior: 1939 c 187 § 5, part; RRS §
10726-5, part.]
89.08.140 Expense of hearing and election. The
commission shall bear all expense of giving the notices and
conducting the hearings and election, and shall issue regulations governing all hearings and elections and supervise the
conduct thereof. It shall provide for registration of eligible
voters or prescribe the procedure to determine the eligible
voters. No informality in connection with the election shall
invalidate the results, if the notice thereof was substantially
given, and the election fairly conducted. [1973 1st ex.s. c
184 § 15; 1955 c 304 § 14. Prior: 1939 c 187 § 5, part;
RRS § 10726-5, part.]
89.08.150 Procedure after canvass. If a majority of
the votes cast at the election are against the creation of the
district, the commission shall deny the petition. If a majority
favor the district, the commission shall determine the
practicability of the project.
In making such determination, the commission shall
consider the attitude of the voters of the district; the number
of eligible voters who voted at the election; the size of the
[Title 89 RCW—page 5]
89.08.150
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
majority vote; the wealth and income of the land occupiers;
the probable expense of carrying out the project; and any
other economic factors relevant thereto.
If the commission finds that the project is impracticable
it shall enter an order to that effect and deny the petition.
When the petition has been denied, no new petition covering
the same or substantially the same area may be filed within
six months therefrom. [1999 c 305 § 5; 1973 1st ex.s. c 184
§ 16; 1955 c 304 § 15. Prior: 1939 c 187 § 5, part; RRS §
10726-5, part.]
89.08.160 Appointment of supervisors—Application
to secretary of state. If the commission finds the project
practicable, it shall appoint two supervisors, one of whom
shall be a landowner or operator of a farm, who shall be
qualified by training and experience to perform the specialized skilled services required of them. They, with the three
elected supervisors, two of whom shall be landowners or
operators of a farm, shall constitute the governing board of
the district.
The two appointed supervisors shall file with the
secretary of state a sworn application, reciting that a petition
was filed with the commission for the creation of the district;
that all required proceedings were had thereon; that they
were appointed by the commission as such supervisors; and
that the application is being filed to complete the organization of the district. It shall contain the names and residences
of the applicants, a certified copy of their appointments, the
name of the district, the location of the office of the supervisors and the term of office of each applicant.
The application shall be accompanied by a statement of
the commission, reciting that a petition was filed, notice
issued, and hearing held thereon as required; that it determined the need for the district and defined the boundaries
thereof; that notice was given and an election held on the
question of creating the district; that a majority vote favored
the district, and that the commission had determined the
district practicable; and shall set forth the boundaries of the
district. [1973 1st ex.s. c 184 § 17; 1955 c 304 § 16. Prior:
1939 c 187 § 5, part; RRS § 10726-5, part.]
89.08.170 Secretary of state’s certificate—Change
of name. If the secretary of state finds that the name of the
proposed district is such as will not be confused with that of
any other district, he shall enter the application and statement
in his records. If he finds the name may be confusing, he
shall certify that fact to the commission, which shall submit
a new name free from such objections, and he shall enter the
application and statement as modified, in his records.
Thereupon the district shall be considered organized into a
body corporate.
The secretary of state shall then issue to the supervisors
a certificate of organization of the district under the seal of
the state, and shall record the certificate in his office. Proof
of the issuance of the certificate shall be evidence of the
establishment of the district, and a certified copy of the
certificate shall be admissible as evidence and shall be proof
of the filing and contents thereof. The name of a conservation district may be changed upon recommendation by the
supervisors of a district and approval by the state conservation commission and the secretary of state. The new name
[Title 89 RCW—page 6]
shall be recorded by the secretary of state following the
same general procedure as for the previous name. [1973 1st
ex.s. c 184 § 18; 1961 c 240 § 9; 1955 c 304 § 17. Prior:
1951 c 216 § 1; 1939 c 187 § 5, part; RRS § 10726-5, part.]
89.08.180 Annexation of territory—Boundary
change—Combining two or more districts. Territory may
be added to an existing district upon filing a petition as in
the case of formation with the commission by twenty percent
of the voters of the affected area to be included. The same
procedure shall be followed as for the creation of the district.
As an alternate procedure, the commission may upon the
petition of a majority of the voters in any one or more
districts or in unorganized territory adjoining a conservation
district change the boundaries of a district, or districts, if
such action will promote the practical and feasible administration of such district or districts.
Upon petition of the boards of supervisors of two or
more districts, the commission may approve the combining
of all or parts of such districts and name the district, or
districts, with the approval of the name by the secretary of
state. A public hearing and/or a referendum may be held if
deemed necessary or desirable by the commission in order
to determine the wishes of the voters.
When districts are combined, the joint boards of
supervisors will first select a chairman, secretary and other
necessary officers and select a regular date for meetings. All
elected supervisors will continue to serve as members of the
board until the expiration of their current term of office,
and/or until the election date nearest their expiration date.
All appointed supervisors will continue to serve until the
expiration of their current term of office, at which time the
commission will make the necessary appointments. In the
event that more than two districts are combined, a similar
procedure will be set up and administered by the commission.
When districts are combined or territory is moved from
one district to another, the property, records and accounts of
the districts involved shall be distributed to the remaining
district or districts as approved by the commission. A new
certificate of organization, naming and describing the new
district or districts, shall be issued by the secretary of state.
[1999 c 305 § 6; 1973 1st ex.s. c 184 § 19; 1961 c 240 §
10; 1955 c 304 § 18. Prior: 1951 c 216 § 2; 1939 c 187 §
5, part; RRS § 10726-5, part.]
89.08.185 Petition to withdraw from district—
Approval or rejection—Disputed petitions. The local
governing body of any city or incorporated town within an
existing district may approve by majority vote a petition to
withdraw from the district. The petition shall be submitted
to the district for its approval. If approved by the district,
the petition shall be sent to the commission. The commission shall approve the petition and forward it to the
secretary of state and the boundary of the district shall be
adjusted accordingly. If the petition is not approved by the
district, the district shall adopt a resolution specifying the
reasons why the petition is not approved. The petition and
the district’s resolution shall be sent to the commission for
its review. The commission shall approve or reject the
petition based upon criteria it has adopted for the evaluation
(2002 Ed.)
Conservation Districts
of petitions in dispute. If the commission approves the
petition, it shall forward the petition to the secretary of state
and the boundaries of the district shall be adjusted accordingly. The criteria used by the commission to evaluate
petitions which are in dispute shall be adopted as rules by
the commission under chapter 34.05 RCW, the administrative procedure act. [1999 c 305 § 7.]
89.08.190 Nomination and election of supervisors—
Annual meeting of voters. Within thirty days after the
issuance of the certificate of organization, unless the time is
extended by the commission, petitions shall be filed with the
commission to nominate candidates for the three elected
supervisors. The petition shall be signed by not less than
twenty-five district electors, and a district elector may sign
petitions nominating more than one person.
In the case of a new district, the commission shall give
due notice to elect the three supervisors. All provisions
pertaining to elections on the creation of a district shall
govern this election so far as applicable. The names of all
nominees shall appear on the ballot in alphabetical order, together with instructions to vote for three. The three candidates receiving the most votes shall be declared elected
supervisors, the one receiving the most being elected for a
three-year term, the next for two and the last for one year.
An alternate method of dividing the district into three zones
may be used when requested by the board of supervisors and
approved by the commission. In such case, instructions will
be to vote for one in each zone. The candidate receiving the
most votes in a zone shall be declared elected.
Each year after the creation of the first board of
supervisors, the board shall by resolution and by giving due
notice, set a date during the first quarter of each calendar
year at which time it shall conduct an election, except that
for elections in 2002 only, the board shall set the date during
the second quarter of the calendar year at which time it shall
conduct an election. Names of candidates nominated by
petition shall appear in alphabetical order on the ballots,
together with an extra line wherein may be written in the
name of any other candidate. The commission shall establish procedures for elections, canvass the returns and
announce the official results thereof. Election results may be
announced by polling officials at the close of the election
subject to official canvass of ballots by the commission.
Supervisors elected shall take office at the first board
meeting following the election. [2002 c 43 § 3; 1973 1st
ex.s. c 184 § 20; 1967 c 217 § 2; 1961 c 240 § 11; 1955 c
304 § 19; 1939 c 187 § 6; RRS § 10726-6.]
Intent—Effective date—2002 c 43: See notes following RCW
29.13.020.
89.08.200 Supervisors—Term, vacancies, removal,
etc.—Compensation. The term of office of each supervisor
shall be three years and until his successor is appointed or
elected and qualified, except that the supervisors first
appointed shall serve for one and two years respectively
from the date of their appointments, as designated in their
appointments.
In the case of elected supervisors, the term of office of
each supervisor shall be three years and until his successor
is elected and qualified, except that for the first election, the
(2002 Ed.)
89.08.185
one receiving the largest number of votes shall be elected for
three years; the next largest two years; and the third largest
one year. Successors shall be elected for three-year terms.
Vacancies in the office of appointed supervisors shall be
filled by the state conservation commission. Vacancies in
the office of elected supervisors shall be filled by appointment made by the remaining supervisors for the unexpired
term.
A majority of the supervisors shall constitute a quorum
and the concurrence of a majority is required for any official
action or determination.
Supervisors shall serve without compensation, but they
shall be entitled to expenses, including traveling expenses,
necessarily incurred in discharge of their duties. A supervisor may be removed by the state conservation commission
upon notice and hearing, for neglect of duty or malfeasance
in office, but for no other reason.
The governing board shall designate a chairman from
time to time. [1973 1st ex.s. c 184 § 21; 1961 c 240 § 12;
1955 c 304 § 21. Prior: 1949 c 106 § 2, part; 1939 c 187
§ 7, part; Rem. Supp. 1949 § 10726-7, part.]
89.08.210 Powers and duties of supervisors. The
supervisors may employ a secretary, treasurer, technical
experts, and such other officers, agents, and employees,
permanent and temporary, as they may require, and determine their qualifications, duties, and compensation. It may
call upon the attorney general for legal services, or may
employ its own counsel and legal staff. The supervisors
may delegate to their chairman, to one or more supervisors,
or to one or more agents or employees such powers and
duties as it deems proper. The supervisors shall furnish to
the commission, upon request, copies of such internal rules,
regulations, orders, contracts, forms, and other documents as
they shall adopt or employ, and such other information
concerning their activities as the commission may require in
the performance of its duties under chapter 184, Laws of
1973 1st ex. sess. The supervisors shall provide for the
execution of surety bonds for officers and all employees who
shall be entrusted with funds or property.
The supervisors shall provide for the keeping of a full
and accurate record of all proceedings, resolutions, regulations, and orders issued or adopted. The supervisors shall
provide for an annual audit of the accounts of receipts and
disbursements in accordance with procedures prescribed by
regulations of the commission.
The board may invite the legislative body of any
municipality or county near or within the district, to designate a representative to advise and consult with it on all
questions of program and policy which may affect the
property, water supply, or other interests of such municipality or county. The governing body of a district shall appoint
such advisory committees as may be needed to assure the
availability of appropriate channels of communication to the
board of supervisors, to persons affected by district operations, and to local, regional, state and interstate special-purpose districts and agencies responsible for community
planning, zoning, or other resource development activities.
The district shall keep such committees informed of its
work, and such advisory committees shall submit recommendations from time to time to the board of supervisors. [2000
[Title 89 RCW—page 7]
89.08.210
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
c 45 § 1; 1973 1st ex.s. c 184 § 22; 1955 c 304 § 22. Prior:
1949 c 106 § 2, part; 1939 c 187 § 7, part; Rem. Supp. 1949
§ 10726-7, part.]
89.08.215 Treasurer—Powers and duties—Bond.
The treasurer of the county in which a conservation district
is located is ex officio treasurer of the district. However, the
board of supervisors by resolution may designate some other
person having experience in financial or fiscal matters as
treasurer of the conservation district. The board of supervisors shall require a bond, with a surety company authorized
to do business in the state of Washington, in an amount and
under the terms and conditions which the board of supervisors by resolution from time to time finds will protect the
district against loss. The premium on this bond shall be paid
by the district.
All district funds shall be paid to the treasurer and
disbursed only on warrants issued by an auditor appointed by
the board of supervisors, upon orders or vouchers approved
by it. The treasurer shall establish a conservation district
fund into which shall be paid all district funds. The treasurer shall maintain any special funds created by the board
of supervisors for the placement of all money as the board
of supervisors may, by resolution, direct.
If the treasurer of the district is the treasurer of the
county all district funds shall be deposited with the county
depositaries under the same restrictions, contracts, and
security as provided for county depositaries. If the treasurer
of the district is some other person, all funds shall be
deposited in a bank or banks authorized to do business in
this state as the board of supervisors, by resolution, designates.
A district may provide and require a reasonable bond of
any other person handling moneys or securities of the
district, if the district pays the premium. [2000 c 45 § 2.]
89.08.220 Corporate status and powers of district.
A conservation district organized under the provisions of
chapter 184, Laws of 1973 1st ex. sess. shall constitute a
governmental subdivision of this state, and a public body
corporate and politic exercising public powers, but shall not
levy taxes or issue bonds and such district, and the supervisors thereof, shall have the following powers, in addition to
others granted in other sections of chapter 184, Laws of
1973 1st ex. sess.:
(1) To conduct surveys, investigations, and research
relating to the conservation of renewable natural resources
and the preventive and control measures and works of
improvement needed, to publish the results of such surveys,
investigations, or research, and to disseminate information
concerning such preventive and control measures and works
of improvement: PROVIDED, That in order to avoid
duplication of research activities, no district shall initiate any
research program except in cooperation with the government
of this state or any of its agencies, or with the United States
or any of its agencies;
(2) To conduct educational and demonstrational projects
on any lands within the district upon obtaining the consent
of the occupier of such lands and such necessary rights or
interests in such lands as may be required in order to
demonstrate by example the means, methods, measures, and
[Title 89 RCW—page 8]
works of improvement by which the conservation of renewable natural resources may be carried out;
(3) To carry out preventative and control measures and
works of improvement for the conservation of renewable
natural resources, within the district including, but not
limited to, engineering operations, methods of cultivation, the
growing of vegetation, changes in use of lands, and the
measures listed in RCW 89.08.010, on any lands within the
district upon obtaining the consent of the occupier of such
lands and such necessary rights or interests in such lands as
may be required;
(4) To cooperate or enter into agreements with, and
within the limits of appropriations duly made available to it
by law, to furnish financial or other aid to any agency,
governmental or otherwise, or any occupier of lands within
the district in the carrying on of preventive and control
measures and works of improvement for the conservation of
renewable natural resources within the district, subject to
such conditions as the supervisors may deem necessary to
advance the purposes of chapter 184, Laws of 1973 1st ex.
sess. For purposes of this subsection only, land occupiers
who are also district supervisors are not subject to the
provisions of RCW 42.23.030;
(5) To obtain options upon and to acquire in any
manner, except by condemnation, by purchase, exchange,
lease, gift, bequest, devise, or otherwise, any property, real
or personal, or rights or interests therein; to maintain,
administer, and improve any properties acquired, to receive
income from such properties and to expend such income in
carrying out the purposes and provisions of chapter 184,
Laws of 1973 1st ex. sess.; and to sell, lease, or otherwise
dispose of any of its property or interests therein in furtherance of the purposes and the provisions of chapter 184,
Laws of 1973 1st ex. sess.;
(6) To make available, on such terms, as it shall
prescribe, to land occupiers within the district, agricultural
and engineering machinery and equipment, fertilizer, seeds,
seedlings, and such other equipment and material as will
assist them to carry on operations upon their lands for the
conservation of renewable natural resources;
(7) To prepare and keep current a comprehensive longrange program recommending the conservation of all the
renewable natural resources of the district. Such programs
shall be directed toward the best use of renewable natural
resources and in a manner that will best meet the needs of
the district and the state, taking into consideration, where
appropriate, such uses as farming, grazing, timber supply,
forest, parks, outdoor recreation, potable water supplies for
urban and rural areas, water for agriculture, minimal flow,
and industrial uses, watershed stabilization, control of soil
erosion, retardation of water run-off, flood prevention and
control, reservoirs and other water storage, restriction of
developments of flood plains, protection of open space and
scenery, preservation of natural beauty, protection of fish and
wildlife, preservation of wilderness areas and wild rivers, the
prevention or reduction of sedimentation and other pollution
in rivers and other waters, and such location of highways,
schools, housing developments, industries, airports and other
facilities and structures as will fit the needs of the state and
be consistent with the best uses of the renewable natural
resources of the state. The program shall include an inventory of all renewable natural resources in the district, a
(2002 Ed.)
Conservation Districts
compilation of current resource needs, projections of future
resource requirements, priorities for various resource
activities, projected timetables, descriptions of available
alternatives, and provisions for coordination with other resource programs.
The district shall also prepare an annual work plan,
which shall describe the action programs, services, facilities,
materials, working arrangements and estimated funds needed
to carry out the parts of the long-range programs that are of
the highest priorities.
The districts shall hold public hearings at appropriate
times in connection with the preparation of programs and
plans, shall give careful consideration to the views expressed
and problems revealed in hearings, and shall keep the public
informed concerning their programs, plans, and activities.
Occupiers of land shall be invited to submit proposals for
consideration to such hearings. The districts may supplement such hearings with meetings, referenda and other
suitable means to determine the wishes of interested parties
and the general public in regard to current and proposed
plans and programs of a district. They shall confer with
public and private agencies, individually and in groups, to
give and obtain information and understanding of the impact
of district operations upon agriculture, forestry, water supply
and quality, flood control, particular industries, commercial
concerns and other public and private interests, both rural
and urban.
Each district shall submit to the commission its proposed long-range program and annual work plans for review
and comment.
The long-range renewable natural resource program,
together with the supplemental annual work plans, developed
by each district under the foregoing procedures shall have
official status as the authorized program of the district, and
it shall be published by the districts as its "renewable
resources program". Copies shall be made available by the
districts to the appropriate counties, municipalities, special
purpose districts and state agencies, and shall be made available in convenient places for examination by public land
occupier or private interest concerned. Summaries of the
program and selected material therefrom shall be distributed
as widely as feasible for public information;
(8) To administer any project or program concerned
with the conservation of renewable natural resources located
within its boundaries undertaken by any federal, state, or
other public agency by entering into a contract or other
appropriate administrative arrangement with any agency
administering such project or program;
(9) Cooperate with other districts organized under
chapter 184, Laws of 1973 1st ex. sess. in the exercise of
any of its powers;
(10) To accept donations, gifts, and contributions in
money, services, materials, or otherwise, from the United
States or any of its agencies, from this state or any of its
agencies, or from any other source, and to use or expend
such moneys, services, materials, or any contributions in
carrying out the purposes of chapter 184, Laws 1973 1st ex.
sess.;
(11) To sue and be sued in the name of the district; to
have a seal which shall be judicially noticed; have perpetual
succession unless terminated as hereinafter provided; to
make and execute contracts and other instruments, necessary
(2002 Ed.)
89.08.220
or convenient to the exercise of its powers; to borrow money
and to pledge, mortgage and assign the income of the district
and its real or personal property therefor; and to make,
amend rules and regulations not inconsistent with chapter
184, Laws of 1973 1st ex. sess. and to carry into effect its
purposes;
(12) Any two or more districts may engage in joint
activities by agreement between or among them in planning,
financing, constructing, operating, maintaining, and administering any program or project concerned with the conservation of renewable natural resources. The districts concerned
may make available for purposes of the agreement any
funds, property, personnel, equipment, or services available
to them under chapter 184, Laws of 1973 1st ex. sess.;
Any district may enter into such agreements with a
district or districts in adjoining states to carry out such
purposes if the law in such other states permits the districts
in such states to enter into such agreements.
The commission shall have authority to propose, guide,
and facilitate the establishment and carrying out of any such
agreement;
(13) Every district shall, through public hearings, annual
meetings, publications, or other means, keep the general
public, agencies and occupiers of land within the district,
informed of the works and activities planned and administered by the district, of the purposes these will serve, of the
income and expenditures of the district, of the funds borrowed by the district and the purposes for which such funds
are expended, and of the results achieved annually by the
district; and
(14) The supervisors of conservation districts may
designate an area, state, and national association of conservation districts as a coordinating agency in the execution of the
duties imposed by this chapter, and to make gifts in the form
of dues, quotas, or otherwise to such associations for costs
of services rendered, and may support and attend such
meetings as may be required to promote and perfect the
organization and to effect its purposes. [1999 c 305 § 8;
1973 1st ex.s. c 184 § 23; 1963 c 110 § 1; 1961 c 240 § 13;
1955 c 304 § 23. Prior: (i) 1939 c 187 § 8; RRS § 107268. (ii) 1939 c 187 § 13; RRS § 10726-13.]
89.08.341 Intergovernmental cooperation—
Authority. Any agency of the government of this state and
any local political subdivision of this state is hereby authorized to make such arrangements with any district, through
contract, regulation or other appropriate means, wherever it
believes that such arrangements will promote administrative
efficiency or economy.
In connection with any such arrangements, any state or
local agency or political subdivision of this state is authorized, within the limits of funds available to it, to contribute
funds, equipment, property or services to any district; and to
collaborate with a district in jointly planning, constructing,
financing or operating any work or activity provided for in
such arrangements and in the joint acquisition, maintenance
and operation of equipment or facilities in connection
therewith.
State agencies, the districts, and other local agencies are
authorized to make available to each other maps, reports and
data in their possession that are useful in the preparation of
[Title 89 RCW—page 9]
89.08.341
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
their respective programs and plans for resource conservation. The districts shall keep the state and local agencies
fully informed concerning the status and progress of the
preparation of their resource conservation programs and
plans.
The state conservation commission and the counties of
the state may provide respective conservation districts such
administrative funds as will be necessary to carry out the
purpose of chapter 184, Laws of 1973 1st ex. sess. [1973
1st ex.s. c 184 § 24.]
89.08.350 Petition to dissolve district—Election. At
any time after five years from the organization of a district,
twenty percent of the voters in the district may file with the
commission a petition, praying that the district be dissolved.
The commission may hold public hearings thereon, and
within sixty days from receipt of the petition, shall give due
notice of an election on the question of dissolution. It shall
provide appropriate ballots, conduct the election, canvass the
returns, and declare the results in the same manner as for
elections to create a district.
All district electors may vote at the election. No
informality relating to the election shall invalidate it if notice
is substantially given and the election is fairly conducted.
[1999 c 305 § 9; 1973 1st ex.s. c 184 § 25; 1955 c 304 §
25. Prior: 1939 c 187 § 15, part; RRS § 10726-15, part.]
89.08.360 Result of election—Dissolution. If a
majority of the votes cast at the election are for dissolution,
the district shall be dissolved. [1999 c 305 § 10; 1973 1st
ex.s. c 184 § 26; 1955 c 304 § 26. Prior: 1939 c 187 § 15,
part; RRS § 10726-15, part.]
89.08.370 Disposition of affairs upon dissolution. If
the district is ordered dissolved, the supervisors shall
forthwith terminate the affairs of the district and dispose of
all district property at public auction, and pay the proceeds
therefrom to pay any debts of the district and any remaining
balance to the state treasurer.
They shall then file a verified application with the
secretary of state for the dissolution of the district, accompanied by a certificate of the commission reciting the determination that further operation of the district is impracticable.
The application shall recite that the property of the district
has been disposed of, that the proceeds therefrom have been
used to pay any debts of the district and any remaining
balance paid to the treasurer, and contain a full accounting
of the property and proceeds. Thereupon the secretary shall
issue to the supervisors a certificate of dissolution and file a
copy thereof in his or her records. [1999 c 305 § 11; 1973
1st ex.s. c 184 § 27; 1955 c 304 § 27. Prior: 1939 c 187 §
15, part; RRS § 10726-15, part.]
89.08.390 Water rights preserved—1939 c 187.
Insofar as any of the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of
this chapter shall be controlling: PROVIDED, HOWEVER,
That none of the provisions of this chapter shall be construed
so as to impair water rights appurtenant to lands within or
without the boundaries of any district or districts organized
hereunder. [1939 c 187 § 17; RRS § 10726-17.]
[Title 89 RCW—page 10]
89.08.391 Water rights preserved—1973 1st ex.s. c
184. Insofar as any of the provisions of this chapter are
inconsistent with the provisions of any other law, the
provisions of this chapter shall be controlling: PROVIDED,
HOWEVER, That none of the provisions of this chapter
shall be construed so as to impair water rights appurtenant
to lands within or without the boundaries of any district or
districts organized hereunder. [1973 1st ex.s. c 184 § 30.]
89.08.400 Special assessments for natural resource
conservation. (1) Special assessments are authorized to be
imposed for conservation districts as provided in this section.
Activities and programs to conserve natural resources,
including soil and water, are declared to be of special benefit
to lands and may be used as the basis upon which special
assessments are imposed.
(2) Special assessments to finance the activities of a
conservation district may be imposed by the county legislative authority of the county in which the conservation district
is located for a period or periods each not to exceed ten
years in duration.
The supervisors of a conservation district shall hold a
public hearing on a proposed system of assessments prior to
the first day of August in the year prior to which it is
proposed that the initial special assessments be collected. At
that public hearing, the supervisors shall gather information
and shall alter the proposed system of assessments when
appropriate, including the number of years during which it
is proposed that the special assessments be imposed.
On or before the first day of August in that year, the
supervisors of a conservation district shall file the proposed
system of assessments, indicating the years during which it
is proposed that the special assessments shall be imposed,
and a proposed budget for the succeeding year with the
county legislative authority of the county within which the
conservation district is located. The county legislative
authority shall hold a public hearing on the proposed system
of assessments. After the hearing, the county legislative
authority may accept, or modify and accept, the proposed
system of assessments, including the number of years during
which the special assessments shall be imposed, if it finds
that both the public interest will be served by the imposition
of the special assessments and that the special assessments
to be imposed on any land will not exceed the special
benefit that the land receives or will receive from the
activities of the conservation district. The findings of the
county legislative authority shall be final and conclusive.
Special assessments may be altered during this period on
individual parcels in accordance with the system of assessments if land is divided or land uses or other factors change.
Notice of the public hearings held by the supervisors
and the county legislative authority shall be posted conspicuously in at least five places throughout the conservation
district, and published once a week for two consecutive
weeks in a newspaper in general circulation throughout the
conservation district, with the date of the last publication at
least five days prior to the public hearing.
(3) A system of assessments shall classify lands in the
conservation district into suitable classifications according to
benefits conferred or to be conferred by the activities of the
conservation district, determine an annual per acre rate of
(2002 Ed.)
Conservation Districts
assessment for each classification of land, and indicate the
total amount of special assessments proposed to be obtained
from each classification of lands. Lands deemed not to
receive benefit from the activities of the conservation district
shall be placed into a separate classification and shall not be
subject to the special assessments. An annual assessment
rate shall be stated as either uniform annual per acre amount,
or an annual flat rate per parcel plus a uniform annual rate
per acre amount, for each classification of land. The
maximum annual per acre special assessment rate shall not
exceed ten cents per acre. The maximum annual per parcel
rate shall not exceed five dollars.
Public land, including lands owned or held by the state,
shall be subject to special assessments to the same extent as
privately owned lands. The procedures provided in chapter
79.44 RCW shall be followed if lands owned or held by the
state are subject to the special assessments of a conservation
district.
Forest lands used solely for the planting, growing, or
harvesting of trees may be subject to special assessments if
such lands benefit from the activities of the conservation
district, but the per acre rate of special assessment on
benefited forest lands shall not exceed one-tenth of the
weighted average per acre assessment on all other lands
within the conservation district that are subject to its special
assessments. The calculation of the weighted average per
acre special assessment shall be a ratio calculated as follows:
(a) The numerator shall be the total amount of money
estimated to be derived from the imposition of per acre
special assessments on the nonforest lands in the conservation district; and (b) the denominator shall be the total
number of nonforest land acres in the conservation district
that receive benefit from the activities of the conservation
district and which are subject to the special assessments of
the conservation district. No more than ten thousand acres
of such forest lands that is both owned by the same person
or entity and is located in the same conservation district may
be subject to the special assessments that are imposed for
that conservation district in any year. Per parcel charges
shall not be imposed on forest land parcels. However, in
lieu of a per parcel charge, a charge of up to three dollars
per forest landowner may be imposed on each owner of
forest lands whose forest lands are subject to a per acre rate
of assessment.
(4) A conservation district shall prepare an assessment
roll that implements the system of assessments approved by
the county legislative authority. The special assessments
from the assessment roll shall be spread by the county
assessor as a separate item on the tax rolls and shall be
collected and accounted for with property taxes by the
county treasurer. The amount of a special assessment shall
constitute a lien against the land that shall be subject to the
same conditions as a tax lien, collected by the treasurer in
the same manner as delinquent real property taxes, and
subject to the same interest rate and penalty as for delinquent
property taxes. The county treasurer shall deduct an amount
from the collected special assessments, as established by the
county legislative authority, to cover the costs incurred by
the county assessor and county treasurer in spreading and
collecting the special assessments, but not to exceed the
actual costs of such work.
(2002 Ed.)
89.08.400
(5) The special assessments for a conservation district
shall not be spread on the tax rolls and shall not be collected
with property tax collections in the following year if, after
the system of assessments has been approved by the county
legislative authority but prior to the fifteenth day of December in that year, a petition has been filed with the county
legislative authority objecting to the imposition of such
special assessments, which petition has been signed by at
least twenty percent of the owners of land that would be
subject to the special assessments to be imposed for a
conservation district. [1992 c 70 § 1; 1989 c 18 § 1.]
89.08.410 Grants to conservation districts. The state
conservation commission may authorize grants to conservation districts from moneys appropriated to the commission
for such purposes as provided in this section. Such grants
shall be made annually on or before the last day of June of
each year and shall be made only to those conservation
districts that apply for the grants. After all the grant
requests have been submitted, the initial grants in any year
shall be made so that a conservation district shall not receive
a grant in excess of the lesser of: (1) an amount equal to the
total moneys obtained by the conservation district from all
other sources, other than any grants obtained from the state,
during the preceding calendar year; or (2) twenty-two
thousand five hundred dollars. If the appropriated moneys
are insufficient to make the maximum level of the initial
grants, each grant amount shall be reduced by an equal
dollar amount until the total amount of the grants is equal to
the amount of the appropriation.
However, further grants shall be made to those conservation districts that were limited to grants of twenty-two
thousand five hundred dollars if the appropriated moneys are
in excess of the amount of the initial distribution of grants,
but the total of both grants to any conservation district in
any year shall not exceed an amount equal to the total
moneys obtained by that conservation district from all other
sources, other than any grants obtained from the state, during
the preceding calendar year. If the appropriated moneys are
insufficient to make the second distribution of grants, each
grant under the second distribution shall be reduced by an
equal dollar amount until the total amount of all the grants
is equal to the amount of the appropriation. [1989 c 18 § 2.]
89.08.440 Best management practices for fish and
wildlife habitat, water quality, and water quantity
property tax exemption—List—Forms—Certification of
claims. (1) For the purpose of identifying property that may
qualify for the exemption provided under RCW 84.36.255,
each conservation district shall develop and maintain a list
of best management practices that qualify for the exemption.
(2) Each conservation district shall ensure that the
appropriate forms approved by the department of revenue are
made available to property owners who may qualify for the
exemption under RCW 84.36.255 and shall certify claims for
exemption as provided in RCW 84.36.255(3). [1997 c 295
§ 3.]
Purpose—1997 c 295: See note following RCW 84.36.255.
89.08.450 Watershed restoration projects—Intent.
The legislature declares that it is the goal of the state of
[Title 89 RCW—page 11]
89.08.450
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
Washington to preserve and restore the natural resources of
the state and, in particular, fish and wildlife and their habitat.
It is further the policy of the state insofar as possible to
utilize the volunteer organizations who have demonstrated
their commitment to these goals.
To this end, it is the intent of the legislature to minimize
the expense and delays caused by unnecessary bureaucratic
process in securing permits for projects that preserve or
restore native fish and wildlife habitat. [1995 c 378 § 1.]
89.08.460 Watershed restoration projects—
Definitions. Unless the context clearly requires otherwise,
the definitions in this section shall apply throughout RCW
89.08.450 through 89.08.510.
(1) "Watershed restoration plan" means a plan, developed or sponsored by the department of fish and wildlife, the
department of ecology, the department of natural resources,
the department of transportation, a federally recognized
Indian tribe acting within and pursuant to its authority, a
city, a county, or a conservation district, that provides a
general program and implementation measures or actions for
the preservation, restoration, re-creation, or enhancement of
the natural resources, character, and ecology of a stream,
stream segment, drainage area, or watershed, and for which
agency and public review has been conducted pursuant to
chapter 43.21C RCW, the state environmental policy act. If
the implementation measures or actions would have a
probable significant, adverse environmental impact, a
detailed statement under RCW 43.21C.031 must be prepared
on the plan.
(2) "Watershed restoration project" means a public or
private project authorized by the sponsor of a watershed
restoration plan that implements the plan or a part of the
plan and consists of one or more of the following activities:
(a) A project that involves less than ten miles of
streamreach, in which less than twenty-five cubic yards of
sand, gravel, or soil is removed, imported, disturbed, or
discharged, and in which no existing vegetation is removed
except as minimally necessary to facilitate additional
plantings;
(b) A project for the restoration of an eroded or unstable
stream bank that employs the principles of bioengineering,
including limited use of rock as a stabilization only at the
toe of the bank, and with primary emphasis on using native
vegetation to control the erosive forces of flowing water; or
(c) A project primarily designed to improve fish and
wildlife habitat, remove or reduce impediments to migration
of fish, or enhance the fishery resource available for use by
all of the citizens of the state, provided that any structure
other than a bridge or culvert or instream habitat enhancement structure associated with the project is less than
two hundred square feet in floor area and is located above
the ordinary high water mark of the stream. [1995 c 378 §
2.]
89.08.470 Watershed restoration projects—
Consolidated permit application process—Fish habitat
enhancement project. (1) By January 1, 1996, the Washington conservation commission shall develop, in consultation with other state agencies, tribes, and local governments,
a consolidated application process for permits for a water[Title 89 RCW—page 12]
shed restoration project developed by an agency or sponsored by an agency on behalf of a volunteer organization.
The consolidated process shall include a single permit
application form for use by all responsible state and local
agencies. The commission shall encourage use of the
consolidated permit application process by any federal
agency responsible for issuance of related permits. The
permit application forms to be consolidated shall include, at
a minimum, applications for: (a) Approvals related to water
quality standards under chapter 90.48 RCW; (b) hydraulic
project approvals under *chapter 75.20 RCW; and (c) section
401 water quality certifications under 33 U.S.C. Sec. 1341
and chapter 90.48 RCW.
(2) If a watershed restoration project is also a fish
habitat enhancement project that meets the criteria of
**RCW 75.20.350(1), the project sponsor shall instead follow the permit review and approval process established in
**RCW 75.20.350 with regard to state and local government
permitting requirements. The sponsor shall so notify state
and local permitting authorities. [1998 c 249 § 13; 1995 c
378 § 3.]
Reviser’s note: *(1) Chapter 75.20 RCW was recodified as chapter
77.55 RCW by 2000 c 107. See Comparative Table for that chapter in the
Table of Disposition of Former RCW Sections, Volume 0.
**(2) RCW 75.20.350 was recodified as RCW 77.55.290 pursuant to
2000 c 107 § 129.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
89.08.480 Watershed restoration projects—
Designated recipients of project applications—Notice to
commission. Each agency of the state and unit of local
government that claims jurisdiction or the right to require
permits, other approvals, or fees as a condition of allowing
a watershed restoration project to proceed shall designate an
office or official as a designated recipient of project applications and shall inform the conservation commission of the
designation. [1995 c 378 § 4.]
89.08.490 Watershed restoration projects—
Acceptance of applications—Permit decisions. All
agencies of the state and local governments shall accept the
single application developed under RCW 89.08.470. Unless
the procedures under RCW 89.08.500 are invoked, the
application shall be processed without charge and permit
decisions shall be issued within forty-five days of receipt of
a complete application. [1995 c 378 § 5.]
89.08.500 Watershed restoration projects—
Appointment of project facilitator by *permit assistance
center—Coordinated process for permit decisions. The
applicant or any state agency, tribe, or local government with
permit processing responsibility may request that the *permit
assistance center created by chapter 347, Laws of 1995
appoint a project facilitator to develop in consultation with
the applicant and permit agencies a coordinated process for
permit decisions on the application. The process may
incorporate procedures for coordinating state permits under
chapter 347, Laws of 1995. The *center shall adopt a target
of completing permit decisions within forty-five days of
receipt of a complete application.
(2002 Ed.)
Conservation Districts
If **House Bill No. 1724 is not enacted by June 30,
1995, this section shall be null and void. [1995 c 378 § 6.]
Reviser’s note: *(1) The permit assistance center and its powers and
duties were terminated effective June 30, 1999, pursuant to 1995 c 347 §
617.
**(2) House Bill No. 1724 [1995 c 347] was enacted.
89.08.510 Watershed restoration projects—General
permits—Cooperative permitting agreements. State
agencies, tribes, and local governments responsible for
permits or other approvals of watershed restoration projects
as defined in RCW 89.08.460 may develop general permits
or permits by rule to address some or all projects required by
an approved watershed restoration plan, or for types of
watershed restoration projects. Nothing in chapter 378,
Laws of 1995 precludes local governments, state agencies,
and tribes from working out other cooperative permitting
agreements outside the procedures of chapter 378, Laws of
1995. [1995 c 378 § 7.]
89.08.520 Water quality and habitat protection
grant programs—Statement of environmental benefits—
Development of outcome-focused performance measures.
In administering grant programs to improve water quality
and protect habitat, the commission shall require grant
recipients to incorporate the environmental benefits of the
project into their grant applications, and the commission
shall utilize the statement of environmental benefit[s] in its
grant prioritization and selection process. The commission
shall also develop appropriate outcome-focused performance
measures to be used both for management and performance
assessment of the grant program. The commission shall
work with the districts to develop uniform performance measures across participating districts. To the extent possible,
the commission should coordinate its performance measure
system with other natural resource-related agencies as
defined in RCW 43.41.270. The commission shall consult
with affected interest groups in implementing this section.
[2001 c 227 § 3.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
89.08.530 Agricultural conservation easements
program. (1) The agricultural conservation easements
program is created. The state conservation commission shall
manage the program and adopt rules as necessary to implement the legislature’s intent.
(2) The commission shall report to the legislature on an
on-going basis regarding potential funding sources for the
purchase of agricultural conservation easements under the
program and recommend changes to existing funding authorized by the legislature.
(3) All funding for the program shall be deposited into
the agricultural conservation easements account created in
RCW 89.08.540. Expenditures from the account shall be
made to local governments and private nonprofits on a match
or no match required basis at the discretion of the commission.
(4) Easements purchased with money from the agricultural conservation easements account run with the land.
[2002 c 280 § 2.]
89.08.500
our oldest, well-established farms, often on the fringes of established
communities, are under growing pressure to be sold for uses other than
agriculture. In the face of these rising land costs, new farmers are finding
it increasingly difficult to be able to afford to purchase farmland.
At the same time, the conversion of these prime farmlands to
development costs our communities open and green space, reduces our
access to local quality food, diminishes our cultural and historic roots, often
represents a fiscal loss for governments, and frequently results in environmental costs including reduced flood detention, loss of surface water
filtration, diminished aquifer recharge, loss of habitat and connective
wildlife migration corridors, and loss of opportunities to protect riparian
lands.
These concerns, among others, are leading the federal government and
local jurisdictions around our state to provide funding for local programs to
purchase agricultural conservation easements that help keep farmers in
farming and farmland in agriculture. It is the intent of the legislature to
create a Washington purchase of agricultural conservation easements
program that will facilitate the use of federal funds, ease the burdens of
local governments launching similar programs at the local level, and help
local governments fight the conversion of agricultural lands they have not
otherwise protected through their planning processes." [2002 c 280 § 1.]
89.08.540 Agricultural conservation easements
account. (1) The agricultural conservation easements
account is created in the custody of the state treasurer. All
receipts from legislative appropriations, other sources as
directed by the legislature, and gifts, grants, or endowments
from public or private sources must be deposited into the
account. Expenditures from the account may be used only
for the purchase of easements under the agricultural conservation easements program. Only the state conservation
commission, or the executive director of the commission on
the commission’s behalf, may authorize expenditures from
the account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not
required for expenditures.
(2) The commission is authorized to receive and expend
gifts, grants, or endowments from public or private sources
that are made available, in trust or otherwise, for the use and
benefit of the agricultural conservation easements program.
[2002 c 280 § 3.]
Intent—2002 c 280: See note following RCW 89.08.530.
89.08.900 Severability—1939 c 187. If any provision
of this chapter, or the application of any provision to any
person or circumstances, is held invalid, the remainder of the
chapter and the application of such provision to other
persons or circumstances shall not be affected thereby.
[1939 c 187 § 16; RRS § 10726-16.]
89.08.901 Severability—1973 1st ex.s. c 184. If any
provision of this chapter, or the application of any provision
to any person or circumstances, is held invalid, the remainder of the chapter and the application of such provision to
other persons or circumstances shall not be affected thereby.
[1973 1st ex.s. c 184 § 31.]
89.08.902 Severability—1989 c 18. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 18 § 3.]
Intent—2002 c 280: "Among the rising costs that are increasingly
driving Washington farmers out of business is the cost of land. Many of
(2002 Ed.)
[Title 89 RCW—page 13]
Chapter 89.12
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
Chapter 89.12
RECLAMATION AND IRRIGATION DISTRICTS IN
RECLAMATION AREAS
Sections
89.12.010
89.12.020
89.12.030
89.12.040
89.12.050
89.12.060
89.12.071
89.12.080
89.12.090
89.12.100
89.12.110
89.12.120
89.12.131
89.12.140
89.12.150
89.12.160
89.12.170
89.12.180
Preamble.
Definitions.
Applicability and purpose of chapter.
Units and legal subdivisions authorized—Size—Plats—
Excess land.
Contracts with United States—Permissible provisions.
Covenants running with the land—Contract provisions to
govern.
Fraudulent and unlawful conveyances—Preservation of
rights acquired prior to repeal of RCW 89.12.070.
Instruments may be filed—Filing imparts notice.
State lands in district—State consent to assessment, conditions.
State lands—Terms and conditions of sale.
County lands—Contracts with United States.
Acceptance of federal act—Assessment and taxation authorized.
Adoption of Columbia Basin project act—Revocation of
state’s consent.
Subdivision and sale of state lands in reclamation project.
Exchange of state and federal lands.
Establishment of county road system.
Columbia basin project—Authorization for agreements to
allocate water—Conditions.
Reports to legislature regarding activities under RCW
89.12.170.
89.12.010 Preamble. It is the policy of the state of
Washington in connection with lands within the scope of this
chapter which may be irrigated through works of federal
reclamation projects, to assist the United States in the reduction or prevention of speculation in such lands and in
limiting the size of the holdings thereof entitled to receive
water by means of the works of such projects, and otherwise
to cooperate with the United States with respect thereto.
[1957 c 165 § 1; 1943 c 275 § 1; Rem. Supp. 1943 § 752520.]
Severability—1943 c 275: "Each section and provision of this act
shall be considered separable from every other section and provision of the
act, and should any section or provision thereof be held unconstitutional, the
unconstitutionality of such section or provision shall not affect or impair the
validity of the remainder of the act, but in that event the unconstitutional
section or provision shall be eliminated and the remainder of the act remain
in full force and effect." [1943 c 275 § 16.]
89.12.020 Definitions. As used in this chapter,
The term "secretary" shall mean the secretary of the
interior of the United States, or his duly authorized representative.
The term "appraised value" shall mean the value of
lands within the scope of this chapter appraised or reappraised by the secretary without reference to or increment on
account of the irrigation works built or to be built by the
United States.
The term "district" shall mean an irrigation or reclamation district governed by this chapter as provided in RCW
89.12.030.
The term "federal reclamation laws" shall mean the act
of congress of June 17, 1902 (32 Stat. 388) and acts amendatory thereof or supplemental thereto including the act of
congress entitled "An Act to amend the Act approved May
27, 1937 (Ch. 269, 50 Stat. 208), by providing substitute and
[Title 89 RCW—page 14]
additional authority for the prevention of speculation in lands
of the Columbia Basin project, and substitute an additional
authority related to the settlement and development of the
project, and for other purposes, enacted and approved in the
Seventy-Eighth Session."
The term "lands" shall mean, unless otherwise indicated,
lands within the boundaries of a district contracting or
intending to contract with the United States under the terms
of this chapter.
The term "owner," "landowner," and "any one landowner" shall mean any person, corporation, joint stock association or family owning lands that are within the scope of this
chapter.
The term "family" shall mean a group consisting of
either or both husband and wife, together with their children
under eighteen years of age, or all of such children if both
parents are dead, the term "their children" including the issue
and lawfully adopted children of either or both husband and
wife. Within the meaning of this chapter, lands shall be
deemed to be held by a family if held as separate property
of husband or wife, or if held as a part or all of their
community property, or if they are the property of any or all
of their children under eighteen years of age. [1943 c 275
§ 3; Rem. Supp. 1943 § 7525-22.]
89.12.030 Applicability and purpose of chapter.
The provisions of this chapter shall be applicable to any
irrigation or reclamation district organized under the laws of
this state contracting or intending to contract with the United
States under the federal reclamation laws with respect to a
water supply for irrigation from the Columbia Basin project
or from any project or division of a project hereafter
undertaken in this state by the United States under those
laws, and shall govern as to any lands which are now or
may hereafter be included in any such district and as to the
relationship between any such district and any such lands.
The prospect of the construction of the irrigation features of
the Columbia Basin project and of other works under the
federal reclamation laws for the irrigation of lands in this
state requires the granting of authority to irrigation and reclamation districts and to state and county officers to assist the
United States, in accordance with the policy of this enactment, in meeting the problems of land speculation and in
limiting the size of holdings of lands that may be benefited
by such works, and otherwise to cooperate with the United
States in connection with the irrigation of lands in this state.
The provisions of this chapter, however, are supplemental to
other provisions of the law of the state, not inconsistent
herewith, which pertain to such districts. [1943 c 275 § 2;
Rem. Supp. 1949 § 7525-21.]
89.12.040 Units and legal subdivisions authorized—
Size—Plats—Excess land. In connection with a district
contracting or intending to contract with the United States
under this chapter, the secretary for the purpose of administering the federal reclamation laws and of providing for the
delivery of water thereto, the method thereof, and the turnout
therefor may segregate such lands, or any part thereof, into
units and/or legal subdivisions, having in mind the character
of soil, topography, method or methods of irrigation best
suited therefor, location with respect to the irrigation system,
(2002 Ed.)
Reclamation and Irrigation Districts in Reclamation Areas
type of irrigation system, and such other relevant factors as
enter into the determination of the area and boundaries
thereof and the method or methods of irrigating the same.
Plats or revisions thereof showing the units and/or the legal
subdivisions and the exclusive method or methods of
irrigating such units and/or legal subdivisions or portions
thereof when approved, may be filed by the United States
for record with the auditor of the county in which the land
is located. Lands in excess of the acreage in the amount
specified by applicable federal law as not being excess lands
held by any one landowner shall be deemed excess land.
[1970 ex.s. c 71 § 1; 1963 c 3 § 1; 1957 c 165 § 2; 1943 c
275 § 4; Rem. Supp. 1943 § 7525-23.]
89.12.050 Contracts with United States—
Permissible provisions. A district may enter into repayment
and other contracts with the United States under the terms of
the federal reclamation laws in matters relating to federal
reclamation projects, and may with respect to lands within
its boundaries include in the contract, among others, an
agreement that:
(1) The district will not deliver water by means of the
project works provided by the United States to or for excess
lands not eligible therefor under applicable federal law.
(2) As a condition to receiving water by means of the
project works, each excess landowner in the district, unless
his excess lands are otherwise eligible to receive water under
applicable federal law, shall be required to execute a
recordable contract covering all of his excess lands within
the district.
(3) All excess lands within the district not eligible to receive water by means of the project works shall be subject
to assessment in the same manner and to the same extent as
lands eligible to receive water, subject to such provisions as
the secretary may prescribe for postponement in payment of
all or part of the assessment but not beyond a date five years
from the time water would have become available for such
lands had they been eligible therefor.
(4) The secretary is authorized to amend any existing
contract, deed, or other document to conform to the provisions of applicable federal law as it now exists. Any such
amendment may be filed for record under RCW 89.12.080.
[1963 c 3 § 2; 1957 c 165 § 3; 1951 c 200 § 1; 1943 c 275
§ 5; Rem. Supp. 1943 § 7525-24.]
89.12.060 Covenants running with the land—
Contract provisions to govern. Any or all of the provisions which may be required to be included in recordable
contracts may be made covenants running with any tract of
land covered by the contract by expressly so providing
therein. Recordable contracts expressly providing that any
or all of such provisions shall be covenants running with the
land covered thereby shall not be destroyed or extinguished
by any tax or assessment foreclosure or deed issued pursuant
thereto.
Such of the limitations and provisions of RCW
89.12.050 as are included in the repayment contract between
the district and the United States, shall govern all the lands
within the district unless otherwise provided in such contract
and shall govern notwithstanding any other provisions of the
(2002 Ed.)
89.12.040
laws of this state. [1963 c 3 § 3; 1953 c 148 § 1; 1943 c
275 § 6; Rem. Supp. 1943 § 7525-25.]
89.12.071 Fraudulent and unlawful conveyances—
Preservation of rights acquired prior to repeal of RCW
89.12.070. The rights of any vendee or grantee as defined
in section 7(b), chapter 275, Laws of 1943 as amended by
section 2(b), chapter 200, Laws of 1951 and in RCW
89.12.070(2) are hereby preserved as to any transactions that
were consummated by contract or deed prior to the repeal of
said sections by this chapter. [1963 c 3 § 6.]
89.12.080 Instruments may be filed—Filing imparts
notice. There may be filed for record in the office of the
county auditor in the county in which the land lies any of
the following: (1) Copies of any plat of established farm
units approved by the secretary as provided in RCW
89.12.040, when authenticated in the manner authorized by
law; (2) copies of any instrument, action, determination, rule
or regulation of the secretary made in connection with the
provisions of RCW 89.12.050 or otherwise under the federal
reclamation laws and which is or may be determinative of
title to lands or interest in lands, when authenticated in the
manner authorized by law; and (3) any contract or instrument required to be executed by an owner, land purchaser or
other person in connection with provisions incorporated in
repayment contracts between a district and the United States
as authorized by RCW 89.12.050. Such filing shall impart
legal notice to the public of the matters and things set out
therein. [1943 c 275 § 8; Rem. Supp. 1943 § 7525-27.]
89.12.090 State lands in district—State consent to
assessment, conditions. Whenever a district to which this
chapter applies is organized or in process of organization,
the state of Washington, by and through its proper officials,
is authorized and directed to have any state lands within the
exterior boundaries of such district included as a part of the
lands of such district. The state hereby consents to the
assessment by the district of such state lands so included in
any such irrigation district, and to the enforcement of the
payment of such assessments in like manner and to the same
extent as applicable to private lands in such districts, except
that the payment of such assessment against such state lands
shall not be enforced by transfer of title, by tax sale, tax
foreclosure or otherwise, until the state has sold or transferred such lands to a private party. [1943 c 275 § 9; Rem.
Supp. 1943 § 7525-28.]
89.12.100 State lands—Terms and conditions of
sale. If state lands within a district have been segregated
into farm units and the appraised value thereof established,
the state shall recognize and accept the appraisal as determining the market value of such lands, and shall offer the
state lands for sale for cash on the following terms and
conditions:
(1) Sales shall be made only at the appraised value; (2)
only the number of farm units or acreage specified by
applicable federal law as not being excess lands shall be sold
to any person or family; (3) applicants for the purchase of a
farm unit shall be selected, as nearly as practicable, in accordance with the provisions of subsection (C) of section 4 of
[Title 89 RCW—page 15]
89.12.100
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
the act of congress of December 5, 1924 (43 Stat. 702); and
(4) each applicant shall be required to execute a recordable
contract within six months from the date the state’s conveyance or contract to convey is made, whichever is the earlier,
if such a contract is required as a condition to the delivery
of water under the terms of the district’s repayment contract
with the United States; except as the carrying out of any
such terms or conditions as to particular state lands may be
precluded by provisions of the state Constitution.
The state shall cooperate with the secretary in carrying
out the purposes of this chapter and in connection therewith,
may execute recordable contracts covering any state lands
and such other agreements as are necessary in connection
with the administration of this chapter. [1957 c 165 § 4;
1951 c 200 § 3; 1943 c 275 § 10; Rem. Supp. 1943 § 752529.]
89.12.110 County lands—Contracts with United
States. In the case of any county owned land within any
district has been segregated into farm units as provided in
RCW 89.12.040 and the appraised value thereof established,
the board of county commissioners of the county shall have
authority at its option of entering into a contract with the
United States to bring any of such county lands as the
county board shall determine under the provisions of the
recordable contracts provided for in RCW 89.12.040,
whenever such contracts are required as a condition to the
delivery of water under the terms of the contract between the
district and the United States, upon such terms as shall be
agreed upon between the county and the United States:
PROVIDED, That such contract shall not obligate the county
to pay any district assessments levied against such lands
except such, if any, as the board of county commissioners of
said county shall elect to pay: PROVIDED FURTHER,
That nothing herein contained shall be construed to deprive
the district of the right to assess such lands, if otherwise
assessable and to enforce the collection of the same in the
manner provided by law. [1943 c 275 § 11; Rem. Supp.
1943 § 7525-30.]
89.12.120 Acceptance of federal act—Assessment
and taxation authorized. The provisions and limitations of
subsection 5(b) and 5(c) of the act of congress, as above
entitled in RCW 89.12.020, concerning assessment and
taxation of lands within the Columbia Basin project while
legal title remains vested in the United States are hereby
accepted; and assessment and taxation by the state, political
subdivisions thereof, and districts are hereby authorized to be
made in accordance with such provisions and limitations.
[1943 c 275 § 14; Rem. Supp. 1943 § 7525-33.]
89.12.131 Adoption of Columbia Basin project
act—Revocation of state’s consent. Section 15, chapter
275, Laws of 1943 as amended by section 4, chapter 200,
Laws of 1951 and RCW 89.12.130 are each repealed and
any adoption, enactment, or consent of this state to the
provisions of the federal act, as amended, cited therein are
hereby revoked. [1963 c 3 § 5.]
the state of Washington is authorized to cooperate with the
secretary of the interior of the United States with a view to
facilitate the execution of plans approved by the secretary of
the interior for subdivision and disposal of lands under
federal reclamation projects constructed or to be constructed
under the provisions of the act of congress of June 17, 1902,
(32 Stat., 388) and acts amendatory thereof or supplementary
thereto in farm units bounded by lines considered more
economical and convenient for irrigation and reclamation
than the lines of legal subdivisions and for such purpose is
authorized to cause to be prepared and filed a plat or plats
of any state lands in any such federal reclamation project
showing said state lands subdivided into blocks, lots or farm
units, with boundary lines other than those of legal subdivisions, and located with a view to greater convenience,
economy or efficiency in irrigation and reclamation, and
such subdivision into lots, blocks or farm units may be made
in harmony with any general plan approved by the secretary
of the interior for subdivision of the lands of any such
federal reclamation project or any part or division of any
such project into blocks, lots or farm units with boundary
lines other than the boundary lines of legal subdivisions and
designed for more convenient, economical or efficient
reclamation and irrigation. And the commissioner of public
lands is authorized to offer for sale and to sell such state
lands, in the lots, blocks or farm units designated on such
plat or plats instead of offering and selling the same in the
legal subdivisions of the U.S. public land surveys. [1927 c
246 § 1; RRS § 7402-280.]
Severability—1927 c 246: "Sections 1 and 2 of this act are each
declared to be separable from the remainder of the act, and, should either
of said sections be held unconstitutional or void, the remainder of the act
shall nevertheless remain effective and in such event such unconstitutional
section shall be eliminated without affecting the remainder of the act."
[1927 c 246 § 3.]
89.12.150 Exchange of state and federal lands.
From and after the date that the consent of the United States
shall be given thereto by act of congress, the department of
natural resources is authorized, upon request from the secretary of the interior, to cause an appraisal to be made by the
board of natural resources of state lands in any division of
any federal reclamation project which the secretary of the
interior shall advise the department that he desires to have
subdivided into farm units of class referred to in RCW
89.12.140, and also to cause to be appraised by the board of
natural resources such public lands of the United States on
the same project, or elsewhere in the state of Washington, as
the secretary of the interior may propose to exchange for
such state land, and when the secretary of the interior shall
have secured from congress authority to make such exchange
the department is authorized to exchange such state lands in
any federal reclamation project for public lands of the United
States on the same project or elsewhere in the state of
Washington of approximately equal appraised valuation, and
in making such exchange is authorized to execute suitable
instruments in writing conveying or relinquishing to the
United States such state lands and accepting in lieu thereof
such public land of approximately equal appraised valuation.
[1988 c 128 § 75; 1927 c 246 § 2; RRS § 7402-281.]
89.12.140 Subdivision and sale of state lands in
reclamation project. The commissioner of public lands of
[Title 89 RCW—page 16]
(2002 Ed.)
Reclamation and Irrigation Districts in Reclamation Areas
89.12.160 Establishment of county road system.
See RCW 36.81.140.
89.12.170 Columbia basin project—Authorization
for agreements to allocate water—Conditions. The
department of ecology is authorized to enter into agreements
with the United States for the allocation of ground waters
that exist as a result of the Columbia basin project. The
agreements and any allocation of water pursuant to the
agreements must be consistent with authorized project
purposes, federal and state reclamation laws, including
federal rate requirements, and provisions of United States’
repayment contracts pertaining to the project. The agreements must provide that the department grant an application
to beneficially use such water only if the department
determines that the application will not impair existing water
rights or project operations or harm the public interest. Use
of water allocated pursuant to the terms of the agreements
must be contingent upon issuance of licenses by the United
States to approved applicants. This section is not intended
to alter or affect any ownership interest or rights in ground
waters that are not allocated pursuant to the agreements.
Before implementing any such agreements, the department,
with the concurrence of the United States, shall adopt a rule
setting forth the procedures for implementing the agreements
and the priorities for processing of applications. The
department is authorized to accept funds for administrative
and staff expenses that it incurs in connection with entering
into or implementing the agreements. [2002 c 330 § 3.]
Finding—2002 c 330: "The legislature finds that delivery of
Columbia basin project water through canals and its application to land
through irrigation over approximately the past fifty years has dramatically
affected ground water in the Pasco basin, located in western Franklin
county, along the Columbia river and north of the city of Pasco. According
to studies conducted by the United States geological survey, the volume of
ground water has increased by about five million acre-feet. About eightyfive percent of this increase is the result of percolation following irrigation
and seepage from the distribution system. Ground water levels have also
risen as a result of reservoirs formed behind the dams on the Columbia and
Snake rivers. As a result of drainage management, the system is reported
to be at equilibrium. The studies provide the information needed to
determine which ground water is a result of the project and which is
naturally occurring. Potential problems associated with the raised ground
water levels include landslides and loss of arable land through ponding.
Benefits include dilution of concentrations of nitrate and increase in volume
of water potentially available for beneficial use over the naturally occurring
volume otherwise available." [2002 c 330 § 1.]
Intent—2002 c 330: "It is the intent of the legislature to grant
authority to the department of ecology to enter into agreements with the
United States for allocation of ground waters that exist as a result of the
Columbia basin project, adopt rules for implementing the agreements and
establishing priorities for processing applications, and accept funds for
expenses incurred, consistent with applicable state and federal law.
Inasmuch as rules adopted by the department will be significant legislative
rules, the legislature intends to assure that it will be able to properly carry
out its responsibility to both give direction and review the rules after their
adoption by requiring periodic reports by the department." [2002 c 330 §
2.]
89.12.180 Reports to legislature regarding activities
under RCW 89.12.170. The department of ecology shall
report annually to the standing committees of the legislature
with jurisdiction over water resources regarding the activities
authorized by RCW 89.12.170, beginning December 1, 2002,
and ending December 1, 2007. [2002 c 330 § 4.]
Finding—Intent—2002 c 330: See notes following RCW 89.12.170.
(2002 Ed.)
89.12.160
Chapter 89.16
RECLAMATION BY STATE
Sections
89.16.005
89.16.010
89.16.020
89.16.040
Short title.
Declaration of purpose.
Reclamation account created—Composition.
Payments from account—Reclamation districts specified—
Rehabilitation of existing projects.
89.16.045 Loans from account—Contracts—Repayment.
89.16.050 Powers and duties of director of ecology.
89.16.055 Additional powers and duties enumerated—Payment for
from reclamation account.
89.16.060 Contracts with United States.
89.16.070 Contracts with districts.
89.16.080 State lands may be included—Procedure.
89.16.130 Severability—1919 c 158.
89.16.131 Severability—1972 ex.s. c 51.
Reviser’s note: Throughout this chapter several references are made
to the "reclamation fund" and "reclamation revolving fund"; such fund was
abolished and the moneys therein transferred to the "reclamation revolving
account" in the general fund. See 1955 c 370 § 1; RCW 43.79.330. As to
the references to officers and agencies, see note following title digest.
89.16.005 Short title. This chapter shall be known
and cited as the "State Reclamation Act". [1919 c 158 § 1;
RRS § 3004.]
89.16.010 Declaration of purpose. The object of this
chapter is to provide for the reclamation and development of
such lands in the state of Washington as shall be determined
to be suitable and economically available for reclamation and
development as agricultural lands, and the state of Washington in the exercise of its sovereign and police powers
declares the reclamation of such lands to be a state purpose
and necessary to the public health, safety and welfare of its
people. [1972 ex.s. c 51 § 1; 1919 c 158 § 2; RRS § 3005.]
89.16.020 Reclamation account created—
Composition. For the purpose of carrying out the provisions of this chapter the state reclamation revolving account,
heretofore established and hereinafter called the reclamation
account, shall consist of all sums appropriated thereto by the
legislature; all gifts made to the state therefor and the
proceeds of the sale thereof; the proceeds of the sale or
redemption of and the interest earned by securities acquired
with the moneys thereof; and all reimbursements for moneys
advanced for the payment of assessments upon public lands
of the state for the improvement thereof. [1973 1st ex.s. c
40 § 1; 1972 ex.s. c 51 § 2; 1959 c 104 § 2. Prior: 1919 c
158 § 4, part; RRS § 3007, part.]
89.16.040 Payments from account—Reclamation
districts specified—Rehabilitation of existing projects.
From the moneys appropriated from the reclamation account
there shall be paid, upon vouchers approved by the director
of ecology, the administrative expenses of the director under
this chapter and such amounts as are found necessary for the
investigation and survey of reclamation projects proposed to
be financed in whole or in part by the director, and such
amounts as may be authorized by him for the reclamation of
lands in diking, diking improvement, drainage, drainage
improvement, diking and drainage, diking and drainage
improvement, irrigation and irrigation improvement districts,
[Title 89 RCW—page 17]
89.16.040
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
and such other districts as are authorized by law for the
reclamation or development of waste or undeveloped lands
or the rehabilitation of existing reclamation projects, and all
such districts and improvement districts shall, for the
purposes of this chapter be known as reclamation districts.
[1981 c 216 § 2; 1972 ex.s. c 51 § 3; 1959 c 104 § 4. Prior:
1919 c 158 § 4, part; RRS § 3007, part.]
89.16.045 Loans from account—Contracts—
Repayment. Notwithstanding any other provisions of this
chapter, the director of ecology may, by written contract
with a reclamation district, loan moneys from the reclamation account to said district for use in financing a project of
construction, reconstruction or improvement of district
facilities, or a project of additions to such facilities. No such
contract shall exceed fifty thousand dollars per project or a
term of ten years, or provide for an interest rate of more
than eight percent per annum. The director shall not execute
any contract as provided in this section until he determines
that the project for which the moneys are furnished is within
the scope of the district’s powers to undertake, that the project is feasible, that its construction is in the best interest of
the state and the district, and that the district proposing the
project is in a sound financial condition and capable of
repaying the loan with interest in not more than ten annual
payments. Any district is empowered to enter into a
contract, as provided for in this section, and to levy assessments based on the special benefits accruing to lands within
the district as are necessary to satisfy the contract, when a
resolution of the governing body of the reclamation district
authorizing its execution is approved by the body: PROVIDED, That no district shall be empowered to execute with
the director any such contract during the term of any
previously executed contract authorized by this section.
[1972 ex.s. c 51 § 4; 1967 c 181 § 1.]
89.16.050 Powers and duties of director of ecology.
In carrying out the purposes of this chapter, the director of
the department of ecology of the state of Washington shall
be authorized and empowered:
To make surveys and investigations of the wholly or
partially unreclaimed and undeveloped lands in this state and
to determine the relative agricultural values, productiveness
and uses, and the feasibility and cost of reclamation and
development thereof;
To formulate and adopt a sound policy for the reclamation and development of the agricultural resources of the
state, and from time to time select for reclamation and
development such lands as may be deemed advisable, and
the director may in his discretion advise as to the formation
and assist in the organization of reclamation districts under
the laws of this state;
To purchase the bonds of any reclamation district whose
project is approved by the director and which is found to be
upon a sound financial basis, to contract with any such
district for making surveys and furnishing engineering plans
and supervision for the construction of its project, or for
constructing or completing its project and to advance money
to the credit of the district for any or all of such purposes,
and to accept the bonds, notes or warrants of such district in
payment therefor, and to expend the moneys appropriated
[Title 89 RCW—page 18]
from the reclamation account in the purchase of such bonds,
notes or warrants or in carrying out such contracts: PROVIDED, That interest not to exceed the annual rate provided
for in the bonds, notes or warrants agreed to be purchased,
shall be charged and received for all moneys advanced to the
district prior to the delivery of the bonds, notes or warrants
and the amount of such interest shall be included in the
purchase price of such bonds, notes or warrants: PROVIDED FURTHER, That no district, the bonds, notes or warrants
of which have been purchased by the state under the
provisions of the state reclamation act, shall thereafter during
the life of said bonds, notes or warrants make expenditures
of any kind from the bond or warrant funds of the district or
incur obligations chargeable against such funds or issue any
additional notes without previous written approval of the
director of ecology of the state of Washington, and any
obligations incurred without such approval shall be void;
To sell and dispose of any reclamation district bonds
acquired by the director, at public or private sale, and to pay
the proceeds of such sale into the reclamation account:
PROVIDED, That such bonds shall not be sold for less than
the purchase price plus accrued interest, except in case of a
sale to an agency supplied with money by the United States
of America, or to the United States of America in furtherance of refunding operations of any irrigation district,
diking or drainage district, or diking or drainage improvement district, now pending or hereafter carried on by such
district, in which case the director shall have authority to sell
any bonds of such district owned by the state of Washington
under the provisions of the state reclamation act, to the
United States of America, or other federal agency on such
terms as said United States of America, or other federal
agency shall prescribe for bonds of the same issue of such
district as that held by the state of Washington in connection
with such refunding operations;
To borrow money upon the security of any bonds,
including refunding bonds, of any reclamation district,
acquired by the director, on such terms and rate of interest
and over such period of time as the director may see fit, and
to hypothecate and pledge reclamation district bonds or
refunding bonds acquired by the director as security for such
loan. Such loans shall have, as their sole security, the bonds
so pledged and the revenues therefrom, and the director shall
not have authority to pledge the general credit of the state of
Washington: PROVIDED, That in reloaning any money so
borrowed, or obtained from a sale of bonds it shall be the
duty of the director to fix such rates of interest as will
prevent impairment of the reclamation revolving account;
To purchase delinquent general tax or delinquent special
assessment certificates chargeable against lands included
within any reclamation district obligated to the state under
the provisions of the state reclamation act, and to purchase
lands included in such districts and placed on sale on
account of delinquent taxes or delinquent assessments with
the same rights, privileges and powers with respect thereto
as a private holder and owner of said certificates, or as a
private purchaser of said lands: PROVIDED, That the
director shall be entitled to a delinquent tax certificate upon
application to the proper county treasurer therefor without
the necessity of a resolution of the county legislative
authority authorizing the issuance of certificates of delin(2002 Ed.)
Reclamation by State
quency required by law in the case of the sale of such certificates to private purchasers;
To sell said delinquent certificates or the lands acquired
at sale on account of delinquent taxes or delinquent assessments at public or private sale, and on such conditions as the
director shall determine;
To, whenever the director shall deem it advisable,
require any district with which he may contract, to provide
such safeguards as he may deem necessary to assure bona
fide settlement and development of the lands within such
district, by securing from the owners of lands therein
agreements to limit the amount of their holdings to such
acreage as they can properly farm and to sell their excess
land holdings at reasonable prices;
To employ all necessary experts, assistants and employees and fix their compensation and to enter into any and all
contracts and agreements necessary to carry out the purposes
of this chapter;
To have the assistance, cooperation and services of, and
the use of the records and files in, all the departments and
institutions of the state, particularly the office of the commissioner of public lands, the state department of agriculture,
Washington State University, and the University of Washington; and all state officers and the governing authorities of all
state institutions are hereby authorized and directed to
cooperate with the director in furthering the purpose of this
chapter;
To cooperate with the United States in any plan of land
reclamation, land settlement or agricultural development
which the congress of the United States may provide and
which may effect the development of agricultural resources
within the state of Washington, and the director shall have
full power to carry out the provisions of any cooperative
land settlement act that may be enacted by the United States.
[1983 c 167 § 248; 1977 c 75 § 93; 1972 ex.s. c 51 § 5;
1943 c 279 § 1; 1935 c 7 § 1; 1933 ex.s. c 13 § 1; 1923 c
132 § 1; 1919 c 158 § 5; RRS § 3008.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.16.055 Additional powers and duties enumerated—Payment for from reclamation account. In addition
to the powers provided in RCW 89.16.050, the department
of ecology is authorized and empowered to:
(1) Conduct surveys, studies, investigations, and water
right examinations for proposed reclamation projects or the
rehabilitation of existing reclamation projects that may be
funded fully or partially from the receipts of the sale of
bonds issued by the state of Washington.
(2) Support the preparation for and administration of
proceedings, provided in RCW 90.03.110 or 90.44.220, or
both, pertaining to river systems or other water bodies that
are associated with existing or proposed reclamation projects.
(3) Conduct a regulatory program for well construction
as provided in chapter 18.104 RCW.
Funds of the account established by RCW 89.16.020
may, as appropriated by the legislature, be used in relation
to the powers provided in this section, notwithstanding any
other provisions of chapter 89.16 RCW that may be to the
contrary. [1993 c 387 § 27; 1981 c 216 § 1.]
89.16.050
89.16.060 Contracts with United States. The
department of ecology shall have the power to cooperate and
to contract with the United States for the reclamation of
lands in this state by the United States, and shall have the
power to contract with the United States for the handling of
such reclamation work by the United States and for the
repayment of such moneys as the department of ecology
shall invest from the reclamation account, under such terms
and conditions as the United States laws and the regulations
of the interior department shall provide for the repayment of
reclamation costs by the lands reclaimed. [1972 ex.s. c 51
§ 6; 1919 c 158 § 6; RRS § 3009.]
89.16.070 Contracts with districts. A diking,
drainage, diking and drainage, and irrigation district, and
improvement districts thereof through the parent district, or
such other district as is authorized and organized for the
reclamation or development of waste or undeveloped lands,
may enter into contracts with the director for the reclamation
of the lands of the district in the manner provided herein, or
in such manner as such districts may contract with the
United States or with individuals or corporations, for making
surveys and furnishing engineering plans and supervision for
the construction of all works and improvements necessary
for the reclamation of its lands, and for the sale or delivery
of its bonds, and may issue bonds of the district for such
purposes. [1959 c 104 § 5; 1923 c 132 § 2; 1919 c 158 §
7; RRS § 3010.]
89.16.080 State lands may be included—Procedure.
Whenever in the judgment of the department of natural
resources any state, school, granted, or other public lands of
the state will be specially benefited by any proposed reclamation project approved by the department of ecology, it
may consent that such lands be included in any reclamation
district organized for the purpose of carrying out such
reclamation project, and in that event the department of natural resources shall be authorized to pay, out of current
appropriations, the district assessments levied as provided by
law against such lands, and any such assessments paid shall
be made a charge against the lands upon which they were
levied, and the amount thereof, but without interest, shall be
included in the appraised value of such lands when sold or
leased. [1972 ex.s. c 51 § 7; 1919 c 158 § 8; RRS § 3011.]
89.16.130 Severability—1919 c 158. If any section
or provision of this chapter shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole or any section, provision
or part thereof not adjudged invalid or unconstitutional.
[1919 c 158 § 14; RRS § 3017.]
89.16.131 Severability—1972 ex.s. c 51. If any
provision of this 1972 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1972 ex.s. c 51 § 8.]
Effective date—1993 c 387: See RCW 18.104.930.
(2002 Ed.)
[Title 89 RCW—page 19]
Chapter 89.30
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
Chapter 89.30
RECLAMATION DISTRICTS OF
ONE MILLION ACRES
Sections
89.30.001
89.30.004
89.30.007
89.30.010
89.30.013
89.30.016
89.30.019
89.30.022
89.30.025
89.30.028
89.30.031
89.30.034
89.30.037
89.30.040
89.30.043
89.30.046
89.30.049
89.30.052
89.30.055
89.30.058
89.30.061
89.30.064
89.30.067
89.30.070
89.30.073
89.30.076
89.30.079
89.30.082
89.30.085
89.30.088
89.30.091
89.30.094
89.30.097
89.30.100
89.30.103
89.30.106
89.30.109
89.30.112
89.30.115
89.30.118
89.30.121
89.30.124
89.30.127
89.30.130
89.30.133
89.30.136
89.30.139
89.30.142
89.30.145
89.30.148
89.30.151
89.30.154
89.30.157
89.30.160
89.30.163
89.30.166
District authorized—Area not less than one million acres—
No fees.
Lands in one or more counties.
General purposes of district.
Petition—Filing.
Petition—Contents.
Public lands of state may be included.
Interest in public lands treated as private property—Public
title unaffected, liens barred.
Federal lands may be included.
Possessory interest in federal lands—Water rent, credit for
prior payment.
Petitioners to describe their lands—Petitioners deemed owners thereof.
Proof of ownership by tax roll.
Petition on separate sheets—Withdrawals.
Correction of deficient petition.
Conflicting petitions—Largest territory considered first.
Order for hearing—Notice.
Publication of notice.
Contents of notice.
Copy of notice to each member of commission.
Commission—Creation—Composition.
Commission—Chairman—Clerk—Quorum.
Commission—Clerk not to vote unless tie.
Commission—General powers.
Commission—Adjournments.
Commission—Expenses.
Hearing on petition—Place.
Hearing on petition—Proof of notice.
Hearing on petition—Consideration of petition—Evidence.
Hearing on petition—Boundaries to be fixed.
Hearing on petition—Name—Election to be ordered.
Order for election to county auditors.
Records of commission to be preserved.
Election—How conducted—Qualifications of electors.
Election—Notice, contents—Ballots.
Election—Canvass of returns.
Order organizing district.
Order organizing district—Copy to be filed with county
commissioners of other counties.
Certified statement to be filed for record.
When creation complete—Proceedings conclusive, exception.
District liable for formation costs.
Change of name procedure—Effect.
District is political subdivision.
Judgments against district—When chargeable against improvement and divisional districts.
District a corporate body—Powers.
Powers—In general.
Powers—Improvement and divisional districts, purposes.
Powers—Development, sale, use, etc., of water or electric
energy.
Powers—Bonds payable from income.
Powers—Sale or lease of water—Drains—Land settlement.
Powers—Fiscal agent for United States.
Surety bond from contractor.
Payments under contracts—Retained percentage.
Contracts—Public bidding—Notice.
Contracts with United States or any state for construction,
etc.
Contracts with United States or state of Washington—
Assumption of control or management.
Contracts with United States or state of Washington—Bonds
as payment or security—Levy for interest or payment.
Contracts with United States or state of Washington—
Submission of contracts to electors.
[Title 89 RCW—page 20]
89.30.169
89.30.172
89.30.175
89.30.178
89.30.181
89.30.184
89.30.187
89.30.190
89.30.193
89.30.196
89.30.199
89.30.202
89.30.205
89.30.208
89.30.211
89.30.214
89.30.217
89.30.220
89.30.223
89.30.226
89.30.229
89.30.232
89.30.235
89.30.238
89.30.241
89.30.244
89.30.247
89.30.250
89.30.253
89.30.256
89.30.259
89.30.262
89.30.265
89.30.268
89.30.271
89.30.274
89.30.277
89.30.280
89.30.283
89.30.286
89.30.289
89.30.292
89.30.295
89.30.298
89.30.301
89.30.304
89.30.307
89.30.310
89.30.313
89.30.316
89.30.319
89.30.322
89.30.325
89.30.328
89.30.331
89.30.334
89.30.337
89.30.340
89.30.343
89.30.346
89.30.349
89.30.352
89.30.355
Contracts with United States or state of Washington—
Election procedure.
Contracts with United States or state of Washington—
Liability of district for improvement and divisional
district obligations.
Drainage system—Authorization—Notice—Hearing.
Drainage system—Powers.
Drainage system—Benefit to public road or city sewer system—Assessment.
Eminent domain—Authorized.
Eminent domain—Procedure.
Eminent domain—Joinder, consolidation of actions—
Separate verdicts.
Eminent domain—Damages and benefits—Judgment when
damages exceed benefits, costs.
Eminent domain—Damages and benefits—Judgment for
costs when benefits equal or exceed damages.
Eminent domain—Levy on uncondemned lands unaffected.
Eminent domain—Verdict and findings binding as to levy.
Eminent domain—Damages applied pro tanto to satisfy
levies.
Eminent domain—Title acquired.
Right of entry to make surveys, etc.
Right to construct across streams, highways, railways, etc.—
Duty to restore.
Right to construct across streams, highways, railways, etc.—
Railroads to cooperate.
Right to construct across streams, highways, railways, etc.—
Disagreements, how determined.
Right-of-way on state lands.
Board of directors—Composition.
Board of directors—Term of office.
Director districts.
Director districts—Geographical boundaries—Designation.
First board—Appointment.
First board—Term.
First directors—Election.
First directors—Nominations.
First directors—Terms.
Directors—Term.
Directors—Vacancies.
Directors—Oath—Bond.
Secretary’s oath and bond.
Additional official bonds when fiscal agent of United States.
Additional official bonds when fiscal agent of United
States—Suit on.
Official bonds, cost of.
Directors—Organization—President, secretary.
District office.
District office—Change of location.
Directors—Regular meetings, change of day.
Directors—Special meetings—Notice—Business permissible.
Directors—Meetings and records public.
Directors—Quorum—Action by majority.
Directors—Seal, bylaws, rules.
Compensation of directors, officers, employees.
Interest in contracts prohibited—Penalty.
Delivery of records, etc., to successor.
Employees on termination to deliver records to board—
Penalty.
County treasurer is ex officio district treasurer.
Liability of county treasurers.
County treasurers to collect assessments.
Funds to be deposited with county treasurer.
Claims against district.
Disbursement of funds by county treasurer.
Treasurer’s monthly report.
Secretary’s monthly report of expenditures.
Elections—When general held.
Elections—When special held.
Elections—How noticed and conducted.
Elections—Voting precincts.
Elections—Polling places.
Elections—Polls outside district precinct.
Elections—List of registered voters.
Elections—Certification of propositions.
(2002 Ed.)
Reclamation Districts of One Million Acres
89.30.358
89.30.361
89.30.364
89.30.367
89.30.370
89.30.373
89.30.376
89.30.379
89.30.382
89.30.385
89.30.388
89.30.391
89.30.394
89.30.397
89.30.400
89.30.403
89.30.412
89.30.427
89.30.430
89.30.433
89.30.436
89.30.439
89.30.442
89.30.445
89.30.448
89.30.451
89.30.454
89.30.457
89.30.460
89.30.463
89.30.466
89.30.469
89.30.472
89.30.475
89.30.478
89.30.481
89.30.484
89.30.487
89.30.490
89.30.493
89.30.496
89.30.499
89.30.502
89.30.505
89.30.508
89.30.511
89.30.514
89.30.517
89.30.520
(2002 Ed.)
Elections—Ballots to be separate.
Elections—Checking names of voters against registration
list.
Elections—Returns—Canvassing boards.
Elections—Abstract of result.
Elections—District board to tabulate abstracts and declare
result.
Director district to be represented on board.
Election of subsequent directors.
Director district elections.
Declaration of candidacy for board—Fee.
Ballots for director.
District elections—Primary law not to apply.
Annual tax—Authorization.
Annual tax—How equalized and levied.
Annual tax—How collected.
Debt limit—General.
Exceeding debt limit—Procedure.
General obligation bonds—Authorized.
Special fund from fixed income—Bonds payable from special fund—Contract to purchase or lease electricity—
Powers of reclamation district conferred.
Special fund from fixed income—Contents—Pledge of income—Not district obligation.
Special fund from fixed income—Maturity—Form—Interest
rates.
General improvement districts—Authorized.
General improvement districts—Resolution, survey and investigation.
General improvement districts—Cost of survey and investigation—Limitation of levy.
General improvement districts—Board may make survey
and investigation.
General improvement districts—Contract with state or United States for survey and investigation.
General improvement districts—Report on survey and investigation—Estimate of cost.
General improvement districts—Notice for hearing on report.
General improvement districts—Contents of notice for hearing.
General improvement districts—Hearing—Adjournments.
General improvement districts—Objections and evidence at
hearing.
General improvement districts—Change of plans.
General improvement districts—Order on approval.
General improvement districts—Findings conclusive, exception.
General improvement districts—Special benefits deemed
continuing.
General improvement districts—Powers of board—Act on
behalf of improvement or divisional district not to render reclamation district liable.
Power of board as to assessments in improvement or divisional districts.
Divisional districts—Authorized.
Divisional districts—Powers of board, officers and electors.
Divisional districts—Organization.
Divisional districts—Liability.
Divisional districts—Assessments, contracts, etc.
Exclusion of nonirrigable lands from general improvement
or divisional districts—Petition—Prior obligations.
Exclusion of nonirrigable lands from general improvement
or divisional districts—Time for hearing—Notice.
Exclusion of nonirrigable lands from general improvement
or divisional districts—Hearing.
Exclusion of nonirrigable lands from general improvement
or divisional districts—Levy to pay bonds preserved.
Exclusion of nonirrigable lands from general improvement
or divisional districts—Unconditional relief—Effect.
Exclusion of nonirrigable lands from general improvement
or divisional districts—Power to reduce assessments.
Negotiable bonds of general improvement or divisional district—Authorized.
Negotiable bonds of general improvement or divisional district—Form, contents, payment, interest.
89.30.523
89.30.526
89.30.529
89.30.532
89.30.535
89.30.538
89.30.541
89.30.544
89.30.547
89.30.550
89.30.553
89.30.556
89.30.565
89.30.568
89.30.571
89.30.574
89.30.577
89.30.580
89.30.583
89.30.586
89.30.589
89.30.592
89.30.595
89.30.598
89.30.601
89.30.604
89.30.607
89.30.610
89.30.613
89.30.616
89.30.619
89.30.622
89.30.625
Chapter 89.30
Negotiable bonds of general improvement or divisional district—Obligation of improvement and divisional district—Reclamation district not obligated—Deferred
assessments.
Negotiable bonds of general improvement or divisional district—Election, how conducted.
Negotiable bonds of general improvement or divisional district—Election precincts and officials.
Negotiable bonds of general improvement or divisional district—Contents of notice of election.
Negotiable bonds of general improvement or divisional district—Notice and election in nonassessable area.
Negotiable bonds of general improvement or divisional district—Mailing returns—Canvass.
Negotiable bonds of general improvement or divisional district—Abstract of election results.
Negotiable bonds of general improvement or divisional district—Resolution authorizing issuance of bonds.
Negotiable bonds of general improvement or divisional district—Sale or exchange price.
Negotiable bonds of general improvement or divisional district—Pledge of bonds to United States.
Negotiable bonds of general improvement or divisional district—Public or private sale—Payment in property,
labor, etc.
Negotiable bonds of general improvement or divisional district—Negotiability—Execution.
Negotiable bonds of general improvement or divisional district—Moneys paid to county treasurer.
Negotiable bonds of general improvement or divisional district—Bonds paramount lien on moneys in fund.
Assessments in general improvement or divisional district—
Annual ad valorem basis.
Assessments in general improvement or divisional district—
Assessment roll.
Assessments in general improvement or divisional district—
Contents of assessment roll.
Assessments in general improvement or divisional district—
Basis of valuation.
Assessments in general improvement or divisional district—
Valuation of lands not on tax roll.
Assessments in general improvement or divisional district—
Values on roll are conclusive, when.
Assessments in general improvement or divisional district—
Assessments for prior years—Expense for delinquencies.
Assessments in general improvement or divisional district—
Roll to segregate lands as to counties.
Assessments in general improvement or divisional district—
Roll to district board—Notice of equalization.
Assessments in general improvement or divisional district—
Time for equalization meeting—Inspection of roll.
Assessments in general improvement or divisional district—
Hearing before equalization board—Authority.
Assessments in general improvement or divisional district—
Changes on roll to be noted—Completed roll to county
treasurers.
Assessments in general improvement or divisional district—
Annual levy for bonds and interest.
Assessments in general improvement or divisional district—
Levy for contracts with state or United States or for
other charges.
Assessments in general improvement or divisional district—
Levy for delinquencies.
Assessments in general improvement or divisional district—
Collected assessments to constitute designated special
funds.
Assessments in general improvement or divisional district—
Procedure on failure to deliver roll—Preparation, equalization, levy by county commissioners.
Assessments in general improvement or divisional district—
Manner and effect of levy by county commissioners—
Expenses.
Assessments in general improvement or divisional district—
County treasurer may perform duties of district secretary, when.
[Title 89 RCW—page 21]
Chapter 89.30
89.30.628
89.30.631
89.30.634
89.30.637
89.30.640
89.30.643
89.30.646
89.30.649
89.30.652
89.30.655
89.30.658
89.30.661
89.30.664
89.30.667
89.30.670
89.30.673
89.30.676
89.30.679
89.30.682
89.30.685
89.30.688
89.30.691
89.30.694
89.30.697
89.30.700
89.30.703
89.30.706
89.30.709
89.30.712
89.30.715
89.30.718
89.30.721
89.30.724
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
Assessments in general improvement or divisional district—
Lien of assessment, when attaches.
Assessments in general improvement or divisional district—
Assessment lien paramount—When extinguished.
Assessments in general improvement or divisional district—
When assessments due and payable—Delinquency date.
Assessments in general improvement or divisional district—
When assessment delinquent—Interest rate.
Installment payments—Delinquency.
Installment payments—Assessment book—Contents.
Installment payments—Entry of payments—Receipt.
Installment payments—Statement of assessments levied to
be furnished on request.
Installment payments—County treasurers to make monthly
remittances to district treasurer.
Delinquency and sale in general improvement and divisional
districts—List to be posted.
Delinquency and sale in general improvement and divisional
districts—Notice of delinquency, contents, posting.
Delinquency and sale in general improvement and divisional
districts—Publication of list of posted places and notice
of sale.
Delinquency and sale in general improvement and divisional
districts—Publication of notices—Contents—Time and
place of sale.
Delinquency and sale in general improvement and divisional
districts—Sale of land for delinquency.
Delinquency and sale in general improvement and divisional
districts—How conducted.
Delinquency and sale in general improvement and divisional
districts—Postponement of sale.
Delinquency and sale in general improvement and divisional
districts—Designation of portion to be sold—Sale by
parts.
Delinquency and sale in general improvement and divisional
districts—Resale upon purchaser’s default.
Delinquency and sale in general improvement and divisional
districts—Reclamation district as purchaser.
Delinquency and sale in general improvement and divisional
districts—Entry of sale when district is purchaser—
Credit.
Delinquency and sale in general improvement and divisional
districts—Rights of district as purchaser.
Delinquency and sale in general improvement and divisional
districts—Deed to district in absence of redemption—
Conveyance.
Delinquency and sale in general improvement and divisional
districts—Resolution to convey property acquired by
district—Price.
Delinquency and sale in general improvement and divisional
districts—Lease of property acquired by district.
Delinquency and sale in general improvement and divisional
districts—Disposition of proceeds of sale or lease by
district.
Delinquency and sale in general improvement and divisional
districts—Reconveyance to person entitled to redemption, when.
Delinquency and sale in general improvement and divisional
districts—Certificate of sale in duplicate, contents.
Delinquency and sale in general improvement and divisional
districts—Certificate of sale—Form, filing, delivery.
Delinquency and sale in general improvement and divisional
districts—Certificate of sale may include several tracts.
Delinquency and sale in general improvement and divisional
districts—Entry of sale in assessment book, inspection—
Filing certificate.
Delinquency and sale in general improvement and divisional
districts—Lien of assessment vested in purchaser—
When divested.
Delinquency and sale in general improvement and divisional
districts—Redemption of property sold.
Delinquency and sale in general improvement and divisional
districts—Redemption in coin to treasurer—To whom
credited.
[Title 89 RCW—page 22]
89.30.727
89.30.730
89.30.733
89.30.736
89.30.739
89.30.742
89.30.745
89.30.748
89.30.751
89.30.754
89.30.757
89.30.760
89.30.763
89.30.766
89.30.769
89.30.772
89.30.775
89.30.778
89.30.781
89.30.784
89.30.787
89.30.790
89.30.793
89.30.796
89.30.799
89.30.802
89.30.805
89.30.808
89.30.811
89.30.814
89.30.817
89.30.820
89.30.823
89.30.826
89.30.829
89.30.832
89.30.835
Delinquency and sale in general improvement and divisional
districts—Entry of redemption in book and on certificate.
Delinquency and sale in general improvement and divisional
districts—Deed in absence of redemption, contents.
Delinquency and sale in general improvement and divisional
districts—Fee for deed—Several parcels may be included in one deed.
Delinquency and sale in general improvement and divisional
districts—Recitals in deed—Evidentiary effect.
Delinquency and sale in general improvement and divisional
districts—Deed conclusive, exception.
Delinquency and sale in general improvement and divisional
districts—Title conveyed by deed.
Delinquency and sale in general improvement and divisional
districts—Probative force of assessment book and delinquency list.
Delinquency and sale in general improvement and divisional
districts—Sale not avoided by misnomer or mistake as
to ownership.
Foreclosure of lien for general taxes—Payment in full or
sale subject to assessments due.
Liability of county for assessments after sale to county for
general taxes.
Sale of county lands for delinquent assessments.
Special assessments by general improvement or divisional
district—Authorization by electors.
Special assessments by general improvement or divisional
district—Levy and collection.
Special assessments by general improvement or divisional
district—Proposition to be submitted to electors.
Special assessments by general improvement or divisional
district—Election, how called, conducted, etc.
Special assessments by general improvement or divisional
district—Notice of election—Ballots.
Special assessments by general improvement or divisional
district—Indebtedness authorized.
Special assessments by general improvement or divisional
district—Notes—Terms.
Special assessments by general improvement or divisional
district—Notes payable exclusively by assessments.
Special assessments by general improvement or divisional
district—Interest on notes.
Tolls for electricity and water—Collection, deposit.
Tolls for electricity and water—Toll collector’s bond.
Jurisdiction of courts.
Jurisdiction of courts—Petition for judicial determination.
Jurisdiction of courts—Contents of petition.
Jurisdiction of courts—Notice of hearing of petition.
Jurisdiction of courts—Notice, how given and published.
Jurisdiction of courts—Demurrer or answer to petition.
Jurisdiction of courts—Rules which govern.
Jurisdiction of courts—Motion and order for new trial.
Jurisdiction of courts—Action in rem—Power of court.
Jurisdiction of courts—Errors disregarded—Approval in
whole or part.
Jurisdiction of courts—Conclusiveness of judgment.
Jurisdiction of courts—Costs.
Jurisdiction of courts—Time for appeal.
Liberal construction.
Severability—1927 c 254.
89.30.001 District authorized—Area not less than
one million acres—No fees. Reclamation districts including
an area of not less than one million acres of land may be
created and maintained in this state, as herein provided, for
the reclamation and improvement of arid and semiarid lands
situated in such districts, and for the generation and/or sale
of hydroelectric energy: PROVIDED, That no appropriation,
license, filing, recording, examination or other fee or fees, as
provided in RCW 90.16.050 through 90.16.090 or in RCW
90.03.470 shall be applicable to a district or districts created
(2002 Ed.)
Reclamation Districts of One Million Acres
under this chapter. [1933 c 149 § 1; 1927 c 254 § 1; RRS
§ 7402-1. Formerly RCW 89.20.020 and 89.20.040, part.]
89.30.004 Lands in one or more counties. Such
reclamation districts may include all or part of the territory
of any county and may combine the territory in two or more
counties, in which any of the lands to be reclaimed and
improved are situated, or in which hydroelectric energy may
be generated in connection with project works. [1933 c 149
§ 2; 1927 c 254 § 2; RRS § 7402-2. Formerly RCW
89.20.200.]
89.30.007 General purposes of district. Such
reclamation districts may be organized or maintained for any
or all the following general purposes:
(1) The construction or purchase and the operation and
maintenance of dams, power and pumping works, transmission power lines, reservoirs, pipe lines, and other works or
parts of same for the irrigation of lands within the operation
of the district or districts and for the transmission and sale
of power generated by such works.
(2) The reconstruction, repair or improvement of
existing irrigation works.
(3) The operation or maintenance of existing irrigation
works.
(4) The construction, reconstruction, repair or maintenance of a system of diverting canals or conduits, from a
natural source of water supply to the point of individual
distribution for irrigation purposes.
(5) The execution and performance of any contract
authorized by law with any department of the United States
or any state therein for power, reclamation and irrigation
purposes.
(6) The performance of all things necessary to enable
the district or districts to exercise the powers granted in this
chapter.
(7) That no permits or licenses for the appropriation of
water for irrigation and/or power purposes shall be granted
by the state of Washington which will interfere with the
irrigation and/or power requirements of the district or
districts created under this chapter. [1933 c 149 § 3; 1927
c 254 § 3; RRS § 7402-3. Formerly RCW 89.20.030 and
89.20.040, part.]
89.30.010 Petition—Filing. Whenever fifty, or a
majority of the holders of title to, or of evidence of title to,
lands susceptible of irrigation in each of the several counties
in which lands coming within the proposed district are
located, desire to organize an irrigation [reclamation] district
for any, or all, of the purposes mentioned in RCW
89.30.007, they may propose the organization of an irrigation
[reclamation] district by filing a petition signed by the
required number of holders of title, or evidence of title, to
land within the proposed district with the board of county
commissioners of the county in which the greatest portion of
the land susceptible of irrigation, to be included in the
proposed district, is located. [1933 c 149 § 4; 1927 c 254 §
4; RRS § 7402-4. Formerly RCW 89.20.500.]
89.30.013 Petition—Contents. Said petition shall
describe the lands proposed to be irrigated in township and
(2002 Ed.)
89.30.001
ranges and in case of smaller bodies of land, in legal
subdivisions or fractions thereof, shall give the name of the
county in which said respective irrigable lands are situated,
and shall state all the possible sources of water supply from
which said lands can be irrigated: PROVIDED, That
nothing herein contained shall be construed to limit the
power of any district organized under the provisions of this
chapter to utilize any other source of water supply not mentioned in the petition. Said petition shall also define the
boundaries of the proposed district, which said boundaries
shall include all of the lands, a major portion of which can
be irrigated from the proposed sources of water supply, shall
give the name by which the petitioners desire the district to
be designated and shall state that the petitioners desire to
have the territory included within the boundaries defined,
organized into a reclamation district under the provisions of
this chapter. [1927 c 254 § 5; RRS § 7402-5. Formerly
RCW 89.20.510.]
89.30.016 Public lands of state may be included.
State, granted, school or other public lands of the state of
Washington may be included in such districts, and may be
included in any general improvement district or divisional
district authorized herein within the reclamation district and
subjected to special assessments for general improvement or
divisional district purposes. [1927 c 254 § 6; RRS § 7402-6.
Formerly RCW 89.20.210.]
89.30.019 Interest in public lands treated as private
property—Public title unaffected, liens barred. All
leases, contracts, or other form of holding any interest in any
state or public land shall be treated as the private property of
the lessee or owner of the contractual or possessory interest;
PROVIDED, That nothing in this chapter shall be construed
to affect the title of the state or other public ownership, nor
shall any lien for assessments or taxes attach to the fee
simple title of the state or other public ownership. [1927 c
254 § 7; RRS § 7402-7. Formerly RCW 89.20.220.]
89.30.022 Federal lands may be included. Lands of
the federal government may be included within such districts; and such lands may be included in any general
improvement or divisional district authorized herein, in the
manner and subject to the conditions specified in the statutes
of the United States. [1927 c 254 § 8; RRS § 7402-8.
Formerly RCW 89.20.230.]
89.30.025 Possessory interest in federal lands—
Water rent, credit for prior payment. Lands held by
private persons under possessory rights from the federal
government may be included within the operation of the
district, and as soon as such lands are held under title of
private ownership, the owner thereof shall be entitled to
receive his proportion of water as in case of other landowners upon payment by him of such sums as shall be determined by the district board and at the time to be fixed by
said district board, which sum shall be such equitable
amount as such lands should pay having regard to placing
said lands on the basis of equality with other lands in the
district as to benefits received, and giving credit if equitable
for any sums paid as water rent by the occupant of said
[Title 89 RCW—page 23]
89.30.025
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
lands prior to the vesting of private ownership, and such
lands shall also become subject to all taxes and assessments
of the district thereafter imposed. [1927 c 254 § 9; RRS §
7402-9. Formerly RCW 89.20.240.]
89.30.028 Petitioners to describe their lands—
Petitioners deemed owners thereof. Persons signing said
petition shall state following their respective names, in a
place provided in said petition for that purpose, the legal
description of the lands owned by them and the estimated
irrigable acreage contained in the same: PROVIDED, That
the petitioners shall be prima facie deemed to be the owners
of lands susceptible of irrigation for the purposes of the
petition in the absence of evidence to the contrary submitted
prior to the day of the hearing hereinafter provided for on
said petition. [1927 c 254 § 10; RRS § 7402-10. Formerly
RCW 89.20.520.]
89.30.031 Proof of ownership by tax roll. The
ownership of land of any of the petitioners may be shown by
the county general tax roll of the county in which such land
is situated, last equalized prior to the time of the filing of
said petition with the county board. Any item on said
assessment roll may be proved by a certificate of the county
officer having the custody of said tax roll at the time of
making said certificate. [1927 c 254 § 11; RRS § 7402-11.
Formerly RCW 89.20.530.]
89.30.034 Petition on separate sheets—Withdrawals.
The petition for organization of such reclamation district
shall consist of any number of separate instruments of
uniform similarity, numbered consecutively. For convenience, lands represented on said instruments may be
grouped separately according to the county in which said
lands are situated. No petitioner shall have the right to
withdraw his name from the petition after the same has been
filed with said county board. [1927 c 254 § 12; RRS §
7402-12. Formerly RCW 89.20.540.]
89.30.037 Correction of deficient petition. If it shall
appear that said petition or any part thereof does not contain
the matters and things required by the statute, said county
board shall make an order specifying the deficiency and shall
return said petition or the part thereof found to be deficient
to the persons filing the same. [1927 c 254 § 13; RRS §
7402-13. Formerly RCW 89.20.550.]
89.30.040 Conflicting petitions—Largest territory
considered first. In the event that more than one petition
for the organization of a reclamation district covering any of
the same territory, is filed with the same board or with
different boards of county commissioners prior to the date of
the issuance of the order fixing the time and place for a
hearing on one of said petitions as herein provided, the
petition covering the largest territory shall first be determined and voted upon by the electors concerned. [1927 c
254 § 14; RRS § 7402-14. Formerly RCW 89.20.560.]
89.30.043 Order for hearing—Notice. If and when
said county board finds that the petition is sufficient it shall
[Title 89 RCW—page 24]
enter an order to that effect and shall fix a time and place
for a hearing on said petition which said time shall be not
less than thirty days nor more than ninety days from the date
of said order and shall direct the clerk of the board to
publish notice of said hearing, setting forth the matters and
things hereinafter required in a newspaper of general
circulation published in each county in which any lands to
be included in the district are situated. If there should be no
newspaper of general circulation published in any county
involved, then the county board shall designate some newspaper of general circulation published outside said county for
the publication of said notice as to the lands situated in said
county. [1927 c 254 § 15; RRS § 7402-15. Formerly RCW
89.20.570, part.]
89.30.046 Publication of notice. Said notice shall be
published once a week for at least two weeks (three issues)
before the time when the hearing on said petition is to be
held. [1927 c 254 § 16; RRS § 7402-16. Formerly RCW
89.20.570, part.]
89.30.049 Contents of notice. Said notice shall state
that a petition has been filed with said county board for the
purpose of creating a reclamation district under the provisions of this chapter and may be inspected during office
hours by any interested person, shall specify the boundaries
of the district proposed in the petition, shall mention the time
and place of hearing on said petition and shall state that all
persons having or claiming any interest in said land, or any
part thereof, and all persons otherwise interested are required
at or before the time of said hearing to file in writing with
the clerk of the county board such objections as they may
have, if any, to the creation of said district. Said notice shall
be signed by the clerk of the board. [1927 c 254 § 17; RRS
§ 7402-17. Formerly RCW 89.20.590.]
89.30.052 Copy of notice to each member of
commission. Said clerk shall also mail a copy of said notice
to each member of the commission hereinafter provided for,
at least two weeks before the day of said hearing. [1927 c
254 § 18; RRS § 7402-18. Formerly RCW 89.20.580.]
89.30.055 Commission—Creation—Composition.
Upon the giving of notice of hearing on the petition by the
clerk of the county board aforesaid, there is hereby authorized and created a commission composed of the chairman
of the board of county commissioners of each of the counties
in which any of the lands to be included in the proposed
reclamation district are situated, and of the state director of
ecology, which commission shall consider and determine
said petition. [1988 c 127 § 70; 1933 c 149 § 5; 1927 c 254
§ 19; RRS § 7402-19. Formerly RCW 89.20.700.]
89.30.058 Commission—Chairman—Clerk—
Quorum. The state director of ecology shall be ex officio
chairman of said commission, and the clerk of the county
board of the county in which the petition is filed, shall be ex
officio clerk of said commission. A majority of the members of said commission shall constitute a quorum for the
transaction or exercise of any of its powers, functions, duties
(2002 Ed.)
Reclamation Districts of One Million Acres
and business. [1988 c 127 § 71; 1933 c 149 § 6; 1927 c 254
§ 20; RRS § 7402-20. Formerly RCW 89.20.710, part.]
89.30.061 Commission—Clerk not to vote unless tie.
The clerk of the commission shall not be entitled to vote on
matters coming before it, except in case of a tie vote of the
members thereof, in which event said clerk shall cast the
deciding vote. [1927 c 254 § 21; RRS § 7402-21. Formerly
RCW 89.20.710, part.]
89.30.064 Commission—General powers. Said
commission is hereby given full authority to receive evidence, to make independent investigation, to determine and
establish the boundaries of the district, to adjourn its meeting
from time to time and place to place, and to do any and all
things necessary or incidental to the determination of the
petition and the establishment of the boundaries of the
reclamation district. [1927 c 254 § 22; RRS § 7402-22.
Formerly RCW 89.20.770.]
89.30.067 Commission—Adjournments. The period
of such adjournments, however, shall not exceed ninety days
in all and in case of lack of a quorum, one or more members
of the commission may adjourn to a day certain and notify
the absent members of the day to which said hearing was
adjourned. [1927 c 254 § 23; RRS § 7402-23. Formerly
RCW 89.20.740.]
89.30.070 Commission—Expenses. Except as
otherwise herein provided the necessary expenses of the
commission and of the members thereof in performing the
duties and functions of said commission shall be borne by
the respective counties concerned in proportion to the taxable
value of the acreage of each included in the proposed
reclamation district and said respective counties are hereby
made liable for such expenses. The individual expenses of
the state director of ecology shall be borne by the state.
[1988 c 127 § 72; 1933 c 149 § 7; 1927 c 254 § 24; RRS §
7402-24. Formerly RCW 89.20.720.]
89.30.073 Hearing on petition—Place. The hearing
on said petition shall be held at the office of the county
board of the county where the petition is filed or at such
other convenient place as said county board shall designate.
[1927 c 254 § 25; RRS § 7402-25. Formerly RCW
89.20.730.]
89.30.076 Hearing on petition—Proof of notice. At
the time and place designated in said notice the commission
shall meet to consider said petition. Said commission shall
first determine whether notice of the hearing on said petition
has been published in the manner and for the time required
by this chapter and shall file the affidavits of the publishers
as to the time of publication in their respective newspapers
among the records of the hearing. [1927 c 254 § 26; RRS
§ 7402-26. Formerly RCW 89.20.750.]
89.30.079 Hearing on petition—Consideration of
petition—Evidence. If it is determined that the notice of
the hearing has been properly published, the commission
(2002 Ed.)
89.30.058
shall proceed to consider the petition, and to receive any
pertinent evidence that may be offered. [1927 c 254 § 27;
RRS § 7402-27. Formerly RCW 89.20.760.]
89.30.082 Hearing on petition—Boundaries to be
fixed. Said commission shall have full authority to increase
or diminish and change the boundaries of the proposed
district and to fix the same so as to subserve the best interests of the district and to enable it to carry out the objects of
its creation, and shall establish and define said boundaries.
[1927 c 254 § 28; RRS § 7402-28. Formerly RCW
89.20.780.]
89.30.085 Hearing on petition—Name—Election to
be ordered. At said hearing the commission shall give the
district a name, shall fix a day for and order an election to
be held therein for the purpose of determining whether or
not the district shall be created under the provisions of this
chapter. [1927 c 254 § 29; RRS § 7402-29. Formerly RCW
89.20.790.]
89.30.088 Order for election to county auditors.
The clerk of the commission shall forthwith mail by registered mail a copy of said order for an election to the county
auditors of each of the counties in which any lands within
the boundaries of the proposed reclamation district are
located. [1927 c 254 § 30; RRS § 7402-30. Formerly RCW
89.20.870.]
89.30.091 Records of commission to be preserved.
Upon full determination of the petition and the ordering of
said election, the commission shall turn all papers and
records involved in its deliberations over to the board of the
county where the petition to organize the reclamation district
was filed, and said papers and records shall be preserved
among the records of said county board. [1927 c 254 § 31;
RRS § 7402-31. Formerly RCW 89.20.800.]
89.30.094 Election—How conducted—Qualifications
of electors. Notice of said election shall be given by the
same officer in the same manner and for the same length of
time, electors shall have the same qualifications, and said
election shall be provided for, held and conducted by the
same officers and the results thereof determined by the same
officers in the same manner, and with the same force and
effect as nearly as may be as that provided in this chapter
for general reclamation district elections. [1927 c 254 § 32;
RRS § 7402-32. Formerly RCW 89.20.890.]
89.30.097 Election—Notice, contents—Ballots. The
notice of said election shall specify the boundaries of the
proposed district as established by the commission and shall
state that the object of said election is to determine whether
or not said district shall be created under the provisions of
this chapter, shall state that votes will be received at the
regular polling places of the county precincts, except in the
following new precincts for such election, (new precincts and
voting places for the same shall be specified) and shall state
that the polls will be open from eight o’clock a.m. to eight
o’clock p.m. on said election day. The ballot for said
[Title 89 RCW—page 25]
89.30.097
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
election shall contain the words: Reclamation district—
"Yes", and Reclamation district—"No". [1927 c 254 § 33;
RRS § 7402-33. Formerly RCW 89.20.880.]
89.30.100 Election—Canvass of returns. The board
of county commissioners of the county in which the petition
to organize the district is filed shall receive from the several
county auditors concerned their abstracts of election returns,
herein provided for, shall tabulate the same and declare the
result of the election. [1927 c 254 § 34; RRS § 7402-34.
Formerly RCW 89.20.900.]
89.30.103 Order organizing district. If upon the
tabulation of said abstracts of the returns of said election as
herein provided, it appears that a majority of the votes cast
at said election were in favor of the creation of the district,
the said county board shall by order entered in the minutes
of its proceedings declare the territory included within the
boundaries defined in the notice of election duly organized
into a reclamation district within the provisions of this
chapter, under the name and style theretofore designated and
thereafter no other reclamation district including any of the
same territory shall be organized under the provisions of this
chapter. [1927 c 254 § 35; RRS § 7402-35. Formerly RCW
89.20.910.]
89.30.106 Order organizing district—Copy to be
filed with county commissioners of other counties. Said
county board shall then cause a copy of such order, duly
certified by the clerk of the board to be immediately filed for
record in the office of the county commissioners of any
other county in which any portion of the territory embraced
in such district is situated. [1927 c 254 § 36; RRS § 740236. Formerly RCW 89.20.920.]
89.30.109 Certified statement to be filed for record.
It shall be the duty of the clerk of the board of county
commissioners of every county in which any lands included
in the district are situated forthwith to certify and file for
record in the county auditor’s office of his county, a statement to the effect that, under the provisions of this chapter,
certain lands (describing them in township and range and in
case of smaller bodies of land in legal subdivisions or
fractions thereof) were, by order of the board of county
commissioners of . . . . . . county (naming the county)
entered on the . . . . day of . . . . . . (naming the day, month
and year) included in the . . . . reclamation district (using the
name designated in the order of the county board establishing the district). Said statement certified by the clerk of
the county board shall be entitled to record in the office of
the county auditor without payment of filing or recording
fee. [1927 c 254 § 37; RRS § 7402-37. Formerly RCW
89.20.930.]
89.30.112 When creation complete—Proceedings
conclusive, exception. From and after such filing the
creation of the district shall be complete and its existence
cannot thereafter be legally questioned by any person except
the state of Washington in an appropriate court action
brought within six months from the date of the order of the
county board tabulating the abstracts of the returns of the
[Title 89 RCW—page 26]
organization election and creating said district. If the
existence of said district is not challenged within the period
above specified, the state of Washington shall thereafter be
forever barred from questioning the legal existence of said
district by reason of any defect in the organization thereof.
[1927 c 254 § 38; RRS § 7402-38. Formerly RCW
89.20.940.]
89.30.115 District liable for formation costs. Any
reclamation district created under the provisions of this
chapter shall be liable for the necessary costs preliminary to
and involved in preparing the petition for the organization of
the district, in publishing any notice required and in conducting the election approving the creation of the district. [1927
c 254 § 39; RRS § 7402-39. Formerly RCW 89.20.080.]
89.30.118 Change of name procedure—Effect. Any
reclamation district created under the provisions of this
chapter may change its corporate name by filing with the
board of county commissioners of each of the counties in
which any of the lands included within the operation of the
district are situated a certified copy of a resolution of its
board of directors adopted by a unanimous vote of all the
members of said board at a regular meeting thereof providing for such change of name; and thereafter all proceedings
of such district shall be had under such changed name, but
all existing obligations and contracts of the district entered
into under its former name shall remain outstanding without
change and with the validity thereof unimpaired and unaffected by such change of name. [1927 c 254 § 40; RRS §
7402-40. Formerly RCW 89.20.050.]
89.30.121 District is political subdivision. Reclamation districts created under this chapter shall be political
subdivisions of the state and shall be held and construed to
be municipal corporations within the provisions of the state
Constitution relating to exemptions from taxation and within
the provisions relating to the debt limits of municipal
corporations: PROVIDED, That nothing herein contained
shall be construed as a limitation on general improvement
and divisional districts, authorized herein, to contract obligations. [1967 c 164 § 10; 1927 c 254 § 41; RRS § 7402-41.
Formerly RCW 89.20.070.]
Purpose—Severability—1967 c 164: See notes following RCW
4.96.010.
Tortious conduct of political subdivisions, municipal corporations and quasi
municipal corporations, liability for damages: Chapter 4.96 RCW.
89.30.124 Judgments against district—When
chargeable against improvement and divisional districts.
Any judgment obtained against the reclamation district on
account of any contract or transaction, made for or on behalf
of any general improvement district or divisional district
herein authorized, or on account of the construction or
maintenance of any improvement for such improvement
district or divisional district, shall be chargeable exclusively
against the improvement district or divisional district
concerned and assessments may be levied against the lands
therein to satisfy said judgment. [1927 c 254 § 42; RRS §
7402-42. Formerly RCW 89.24.250.]
(2002 Ed.)
Reclamation Districts of One Million Acres
89.30.127 District a corporate body—Powers. A
reclamation district created under this chapter shall constitute
a body corporate and shall possess all the usual powers of a
corporation for public purposes as well as all powers that
may now or hereafter be specifically conferred by law.
[1927 c 254 § 43; RRS § 7402-43. Formerly RCW
89.20.300.]
89.30.130 Powers—In general. Said reclamation
districts shall have full authority to carry out the objects of
their creation and to that end are authorized to acquire,
purchase, hold, lease, manage, occupy, and sell real and
personal property or any interest therein, to enter into and
perform any and all necessary contracts, to appoint and
employ the necessary officers, agents and employees, to sue
and be sued, to exercise the right of eminent domain, to levy
and enforce the collection of taxes and special assessments
in the manner herein provided against the lands within the
district, for district revenues, and to do any and all lawful
acts required and expedient to carry out the purpose of this
chapter. [1927 c 254 § 44; RRS § 7402-44. Formerly RCW
89.20.310.]
89.30.133 Powers—Improvement and divisional
districts, purposes. Said reclamation districts shall have
authority to create general improvement districts and
divisional districts to include any or all the lands within the
reclamation district, to provide for the levy and collection of
special assessments against the respective lands benefited,
and to issue bonds, and other evidences of indebtedness, as
in this chapter provided. [1927 c 254 § 45; RRS § 7402-45.
Formerly RCW 89.24.010.]
89.30.136 Powers—Development, sale, use, etc., of
water or electric energy. Said reclamation districts shall
have authority to develop and sell, lease or rent the use of
water or electric energy for use or distribution within or
without the district on such terms and under such regulations
as may be determined by the district board or as shall be set
out and prescribed in the contract between the district and
the United States or the state of Washington for the construction of the district irrigation works, and to use the
income derived therefrom for district purposes. [1933 c 149
§ 8; 1927 c 254 § 46; RRS § 7402-46. Formerly RCW
89.20.330.]
89.30.139 Powers—Bonds payable from income.
Said reclamation districts shall also have authority to issue
and sell bonds of the district payable from the income
derived from the sale or rental of water or electric power as
in this chapter provided. [1927 c 254 § 47; RRS § 7402-47.
Formerly RCW 89.26.240.]
89.30.142 Powers—Sale or lease of water—Drains—
Land settlement. Said reclamation districts shall also have
authority:
(1) To construct, repair, purchase, maintain, or lease a
system or systems for the sale or lease of water to the
owners of irrigated lands within the district for domestic
purposes.
(2002 Ed.)
89.30.127
(2) To construct, repair, operate and maintain a system
of drains as in this chapter provided.
(3) To regulate the settlement of lands within the district
under the provisions of any contract with the state of
Washington or the United States.
This section shall not be construed as in any manner
affecting or abridging any other powers of said reclamation
district conferred by law. [1927 c 254 § 48; RRS § 740248. Formerly RCW 89.20.320.]
89.30.145 Powers—Fiscal agent for United States.
Reclamation districts created under this chapter may accept
appointment as fiscal agent or other authority of the United
States to make collections of money for or on behalf of the
United States in connection with any federal or other
reclamation project whereupon the reclamation district and
the county treasurer for said district shall be authorized to
act and to assume the duties and liabilities incident to such
action and the district board shall have full power to do any
and all things required by the said statute now or hereafter
enacted in connection therewith and to do all things required
by the rules and regulations now or that may hereafter be
established by any department of the federal government in
regard thereto. [1927 c 254 § 49; RRS § 7402-49. Formerly RCW 89.20.340.]
89.30.148 Surety bond from contractor. Any
person, firm or corporation except the state of Washington
or the United States, to whom or to which a contract may
have been awarded by the district for construction purposes,
or for labor or material entered into when the total amount
to be paid therefor exceeds one thousand dollars, shall enter
into a surety bond to be approved by the district board,
payable to the district for at least seventy-five percent of the
contract price conditioned for the faithful performance of
said contract and with such further conditions as may be
required by law. [1927 c 254 § 50; RRS § 7402-50.
Formerly RCW 89.24.510.]
89.30.151 Payments under contracts—Retained
percentage. Contracts entered into by reclamation districts
authorized under this chapter for construction or for services
or materials, may provide that payments shall be made in
such monthly amounts or in such monthly proportion of the
contract price as the board shall determine as the work
progresses or as the services or materials are furnished on
monthly estimates of the value thereof approved by the
board; PROVIDED, That at least ten percent of each of the
monthly estimates shall be retained until the contract is
completed and its completion approved by the district board.
[1927 c 254 § 51; RRS § 7402-51. Formerly RCW
89.24.520.]
89.30.154 Contracts—Public bidding—Notice.
Contracts for labor or materials entering into the construction
of any improvement authorized by the district shall be
awarded at public bidding except as herein otherwise
provided. A notice calling for sealed proposals shall be
published in such newspaper or newspapers of such general
circulation as the board shall designate for a period of not
less than two weeks (three issues) prior to the date of the
[Title 89 RCW—page 27]
89.30.154
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
opening of the bids. Such proposals shall be accompanied
by a certified check for such amount as the board shall
decide upon to guarantee compliance with the bid, and shall
be opened in public at the time and place designated in the
notice. The contract shall be awarded to the lowest and best
responsible bidder; PROVIDED, That the board shall have
authority to reject any and all bids. [1927 c 254 § 52; RRS
§ 7402-52. Formerly RCW 89.24.500.]
89.30.157 Contracts with United States or any state
for construction, etc. The board shall have authority to
enter into any obligation or contract authorized by law with
the United States or with any state therein for the supervision of the construction, for the construction, reconstruction,
betterment, extension, sale or purchase, or operation or maintenance of the necessary works for the delivery and distribution of water therefrom or for any other service furthering
the objects for which said reclamation district is created
under the provisions of the law of the state of Washington
or of the United States and all amendments or extensions
thereof and the rules and regulations established thereunder.
[1927 c 254 § 53; RRS § 7402-53. Formerly RCW
89.24.530.]
89.30.160 Contracts with United States or state of
Washington—Assumption of control or management.
Reclamation districts created under this chapter shall have
authority to enter into contracts with the state of Washington
or the United States under any act of congress for the
assumption of the control and management of the works for
such period as may be designated in the contract. [1933 c
149 § 9; 1927 c 254 § 54; RRS § 7402-54. Formerly RCW
89.24.540.]
89.30.163 Contracts with United States or state of
Washington—Bonds as payment or security—Levy for
interest or payment. In case a contract has been or shall be
hereafter made between the district and the state of Washington and/or the United States as herein provided, bonds of any
general improvement district or of any divisional district
herein authorized, may be deposited with the state of
Washington and/or the United States as payment or as
security for future payment at not less than ninety percent of
the par value, the interest on said bonds to be provided for
by assessment and levy as in the case of bonds of the district
sold to private persons and regularly paid to the state of
Washington and/or the United States to be applied as
provided in such contract and if bonds of the district are not
so deposited it shall be the duty of the board of directors to
include as part of any levy or assessment against the lands
of any general improvement district or of any divisional
district concerned, an amount sufficient to meet each year all
payments accruing under the terms of any such contract.
[1933 c 149 § 10; 1927 c 254 § 55; RRS § 7402-55.
Formerly RCW 89.24.550.]
89.30.166 Contracts with United States or state of
Washington—Submission of contracts to electors. No
contract, however, providing for the levy of such assessments shall be entered into with the state of Washington or
the United States as above provided unless a proposition of
[Title 89 RCW—page 28]
entering into such a contract shall have first been submitted
to the electors of the general improvement district or
divisional district concerned, and by said electors approved.
[1927 c 254 § 56; RRS § 7402-56. Formerly RCW
89.24.560.]
89.30.169 Contracts with United States or state of
Washington—Election procedure. Elections held for the
purpose of approving a contract with the state of Washington
or the United States as herein provided, shall be called,
noticed, conducted and canvassed in the same manner and
with the same force and effect as in the case of bond
elections held in general improvement districts or in divisional districts as authorized in this chapter. [1927 c 254 §
57; RRS § 7402-57. Formerly RCW 89.24.570.]
89.30.172 Contracts with United States or state of
Washington—Liability of district for improvement and
divisional district obligations. The reclamation district
shall not be liable under any contract creating an obligation
chargeable against the lands of any general improvement
district or of any divisional district authorized herein unless
such liability is specifically stated in such contract. [1927 c
254 § 58; RRS § 7402-58. Formerly RCW 89.24.580.]
89.30.175 Drainage system—Authorization—
Notice—Hearing. Whenever in the judgment of the
reclamation district board a system of drainage for any lands
included in the operation of any general improvement or
divisional district therein will be of special benefit to the
lands of the general improvement or divisional district as a
whole, it shall pass a resolution to that effect and call a
further meeting of the board to determine the question.
Notice of said meeting shall be given by the secretary for the
same length of time and in the same manner as required by
law for the meeting of the commission to hear the petition
for the organization of the reclamation district. At the time
and place mentioned in the notice the board shall meet, hear
such evidence as shall be presented, and fully determine the
matter by resolution, which said resolution shall be final and
conclusive upon all persons as to the benefit of said system
of drainage to the lands in the district. [1927 c 254 § 59;
RRS § 7402-59. Formerly RCW 89.24.020.]
89.30.178 Drainage system—Powers. Upon the
passing of said resolution, the district shall in all respects
have the same power and authority as is now or may
hereafter be conferred respecting irrigation, and all powers
in this chapter conferred upon the reclamation district with
respect to irrigation shall be construed to include drainage in
conjunction therewith as herein provided. [1927 c 254 § 60;
RRS § 7402-60. Formerly RCW 89.24.030.]
89.30.181 Drainage system—Benefit to public road
or city sewer system—Assessment. Whenever any drainage improvement constructed under the provisions of this
chapter results in benefit to the whole or any part of a public
road, road bed or track thereof, or will facilitate the construction or maintenance of any sewer system in any city or
town, the state, county, city, town or subdivision or any of
them responsible for the maintenance of said public road, or
(2002 Ed.)
Reclamation Districts of One Million Acres
sewer, shall be liable for assessment for the cost and
maintenance of such drainage improvement. [1927 c 254 §
61; RRS § 7402-61. Formerly RCW 89.24.040.]
89.30.184 Eminent domain—Authorized. The taking
and damaging of property or rights therein or thereto by a
reclamation district to construct an improvement or to fully
carry out the purposes of its organization are hereby declared
to be for a public use, and any district organized under the
provisions of this chapter, shall have and exercise the power
of eminent domain to acquire any property or rights therein
or thereto either inside or outside the operation of the district
and outside the state of Washington if necessary, for the use
of the district. [1927 c 254 § 62; RRS § 7402-62. Formerly
RCW 89.22.800.]
89.30.187 Eminent domain—Procedure. Reclamation districts exercising the power of eminent domain shall
proceed in the name of the district in the manner provided
by law for the appropriation of real property or of rights
therein or thereto, by private corporations, except as otherwise expressly provided herein. [1927 c 254 § 63; RRS §
7402-63. Formerly RCW 89.22.810.]
89.30.190 Eminent domain—Joinder, consolidation
of actions—Separate verdicts. The district may at its
option unite in a single action proceedings to condemn, for
its use, property which is held by separate owners. Two or
more condemnation suits instituted separately may also, in
the discretion of the court, be consolidated upon motion of
any interested party, into a single action. In such cases, the
jury shall render separate verdicts for the different tracts of
land. [1927 c 254 § 64; RRS § 7402-64. Formerly RCW
89.22.820.]
89.30.193 Eminent domain—Damages and benefits—Judgment when damages exceed benefits, costs. The
jury, or the court if the jury be waived, in such condemnation proceedings shall find and return a verdict for the
amount of damages sustained: PROVIDED, That the court
or jury, in determining the amount of damages, shall take
into consideration the special benefits, if any, that will
accrue to the property damaged by reason of the improvement for which the land is sought to be condemned, and
shall make special findings in the verdict of the gross
amount of damages to be sustained and the gross amount of
special benefits that will accrue. If it shall appear by the
verdict or findings, that the gross damages exceed said gross
special benefits, judgment shall be entered against the
district, and in favor of the owner or owners of the property
damaged, in the amount of the excess of damages over said
special benefits, and for the costs of the proceedings, and
upon payment of the judgment to the clerk of the court for
the owner or owners, a decree of appropriation shall be
entered, vesting the title to the property appropriated in the
district. [1927 c 254 § 65; RRS § 7402-65. Formerly RCW
89.22.830.]
89.30.196 Eminent domain—Damages and benefits—Judgment for costs when benefits equal or exceed
damages. If it shall appear by the verdict that the gross
(2002 Ed.)
89.30.181
special benefits equal or exceed the gross damages, judgment
shall be entered against the district and in favor of the owner
or owners for the costs only, and upon payment of the
judgment for costs a decree of appropriation shall be entered,
vesting the title to the property in the district. [1927 c 254
§ 66; RRS § 7402-66. Formerly RCW 89.22.840.]
89.30.199 Eminent domain—Levy on uncondemned
lands unaffected. If the damages found in any condemnation proceedings are to be paid for from funds of the
reclamation district, no finding of the jury or court as to
benefits or damages shall in any manner abridge the right of
the district to levy and collect taxes for district purposes
against the uncondemned lands situated within the reclamation district. [1927 c 254 § 67; RRS § 7402-67. Formerly
RCW 89.22.850.]
89.30.202 Eminent domain—Verdict and findings
binding as to levy. If the damages found in any condemnation proceedings are to be paid for from special assessments
levied in behalf of any general improvement or divisional
district, the verdict and findings of the court or jury as to
damages and benefits shall be binding upon the board of
directors of the district in their levy of assessments to pay
the cost of the system or improvements on behalf of which
the condemnation was had, as herein provided. [1927 c 254
§ 68; RRS § 7402-68. Formerly RCW 89.22.860.]
89.30.205 Eminent domain—Damages applied pro
tanto to satisfy levies. The damages thus allowed but not
paid shall be applied pro tanto to the satisfaction of the
levies made for such construction costs upon the lands on
account of which the damages were awarded: PROVIDED,
That nothing herein contained shall be construed to prevent
the district from assessing the remaining lands of the owner
or owners, so damaged, for deficiencies on account of the
principal and interest on bonds and for other benefits not
considered by the jury in the condemnation proceedings.
[1927 c 254 § 69; RRS § 7402-69. Formerly RCW
89.22.870.]
89.30.208 Eminent domain—Title acquired. The
title acquired by the reclamation district in condemnation
proceedings shall be the fee simple title or such lesser estate
as shall be designated in the decree of appropriation and in
case such proceedings are brought in behalf of any general
improvement or divisional district, the reclamation district
shall hold title to lands so acquired as trustee for said
general improvement or divisional district as the case may
be. [1927 c 254 § 70; RRS § 7402-70. Formerly RCW
89.22.880.]
89.30.211 Right of entry to make surveys, etc. The
reclamation district board and its agents and employees shall
have the right to enter upon any land, to make surveys and
may locate the necessary irrigation works and the line for
canal or canals and the necessary branches for the same or
for necessary transmission power lines on any lands which
may be deemed necessary for such location. [1933 c 149 §
11; 1927 c 254 § 71; RRS § 7402-71. Formerly RCW
89.20.350.]
[Title 89 RCW—page 29]
89.30.214
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
89.30.214 Right to construct across streams,
highways, railways, etc.—Duty to restore. The board of
directors of any reclamation district authorized under this
chapter, shall have power to construct district works across
any stream of water, water course, street, avenue, highway,
railway, canal, ditch or flume which works may intersect or
cross in such manner as to afford security for life and
property, but said board shall restore the same when so
crossed or intersected to its former state as near as may be
or in a sufficient manner not to have impaired unnecessarily
its usefulness. [1933 c 149 § 12; 1929 c 254 § 72; RRS §
7402-72. Formerly RCW 89.20.360.]
89.30.217 Right to construct across streams,
highways, railways, etc.—Railroads to cooperate. Every
company whose railroad shall be intersected or crossed by
district works shall unite with said board in forming said
intersections and crossings and shall grant the privileges
aforesaid. [1927 c 254 § 73; RRS § 7402-73. Formerly
RCW 89.20.370.]
89.30.220 Right to construct across streams,
highways, railways, etc.—Disagreements, how determined. If such railroad company and said board or the
owners or controllers of said property, thing or franchise so
to be crossed, cannot agree upon the amount to be paid
therefor or the points or manner of said crossings or intersections, the same shall be ascertained and determined in all
respects as herein provided for the taking of land under the
power of eminent domain. [1927 c 254 § 74; RRS § 740274. Formerly RCW 89.20.380.]
89.30.223 Right-of-way on state lands. The right-ofway is hereby given, dedicated and set apart to locate
construction and maintenance works over and through any of
the lands which are now or may be the property of the state
of Washington. [1927 c 254 § 75; RRS § 7402-75. Formerly RCW 89.20.390.]
89.30.226 Board of directors—Composition. The
affairs of the district shall be managed by a board of
directors composed of a number of qualified resident electors
of the district equal to the number of director districts contained in said reclamation district. [1927 c 254 § 76; RRS
§ 7402-76. Formerly RCW 89.22.020, part.]
89.30.229 Board of directors—Term of office.
Except as herein otherwise provided, the term of the office
of director shall be six years from and after the second
Monday in January next succeeding his election. [1927 c
254 § 77; RRS § 7402-77. Formerly RCW 89.22.050, part.]
89.30.232 Director districts. The county board at the
time of making the order creating a reclamation district
under the provisions of this chapter, shall divide the territory
of the reclamation district into regional divisions to be
known as "director districts". [1927 c 254 § 78; RRS §
7402-78. Formerly RCW 89.22.010, part.]
[Title 89 RCW—page 30]
89.30.235 Director districts—Geographical boundaries—Designation. All the territory of each county
included within the boundaries of the reclamation district
shall constitute a director district which shall be designated
by the name of the county in which it is located. [1927 c
254 § 79; RRS § 7402-79. Formerly RCW 89.22.010, part.]
89.30.238 First board—Appointment. The county
board of the county in which each director district is located
shall within ten days after receipt of the order creating the
reclamation district appoint and certify to the county board
of the county in which the reclamation district was affected,
the appointment of a resident director from said director
district to act as a member of the first board of directors of
said reclamation district. [1927 c 254 § 80; RRS § 7402-80.
Formerly RCW 89.22.030, part.]
89.30.241 First board—Term. The first members of
the district board so appointed shall hold office until their
successors have been elected at the time of the next general
state and county election, and have been qualified. [1927 c
254 § 81; RRS § 7402-81. Formerly RCW 89.22.030, part.]
89.30.244 First directors—Election. At the time of
the next general state and county election, an election shall
be held in each of the director districts in the reclamation
district for the purpose of electing directors of the district.
[1927 c 254 § 82; RRS § 7402-82. Formerly RCW
89.22.600.]
89.30.247 First directors—Nominations. Candidates
for the office of district director shall be nominated in the
manner herein provided for such nominations. [1927 c 254
§ 83; RRS § 7402-83.]
89.30.250 First directors—Terms. The terms of the
first directors of the district to be elected shall be determined
in relation to the amount of the taxable wealth in their
respective director districts. The candidates of the wealthiest
one-third of the total number of director districts shall serve
for a term of six years; the candidates of the next wealthiest
one-third of the total number of director districts shall serve
for a term of four years; the candidates of the next wealthiest
one-third or lesser number of the total number of director
districts shall serve for a term of two years. [1933 c 149 §
13; 1927 c 254 § 84; RRS § 7402-84. Formerly RCW
89.22.040.]
89.30.253 Directors—Term. After the first terms
have been served, all directors shall serve for a term of six
years. [1927 c 254 § 85; RRS § 7402-85. Formerly RCW
89.22.050, part.]
89.30.256 Directors—Vacancies. In case of any
vacancy occurring in the office of director, such vacancy
shall be filled by appointment of a resident elector of the
director district represented by the former incumbent by the
board of directors of the reclamation district, and the person
so appointed shall serve until the time of the next general
state and county election when the vacancy shall be filled for
(2002 Ed.)
Reclamation Districts of One Million Acres
89.30.256
the remainder of the unexpired term by an election in the
director district concerned. [1927 c 254 § 86; RRS § 740286. Formerly RCW 89.22.070.]
the board and shall have custody of the official records of
the district. [1927 c 254 § 92; RRS § 7402-92. Formerly
RCW 89.22.080 and 89.22.280.]
89.30.259 Directors—Oath—Bond. Each director
shall take and subscribe an official oath for the faithful
discharge of the duties of his office and shall execute an
official bond to the district in the sum of twenty-five
hundred dollars conditioned for the faithful discharge of his
office, which bond shall be approved by the judge of the
superior court of the county where the organization of the
district was effected, and said oath and bond shall be
recorded in the office of the clerk of the superior court and
filed with the secretary of the district. [1927 c 254 § 87;
RRS § 7402-87. Formerly RCW 89.22.060.]
89.30.277 District office. The office of the directors
and principal place of business of the reclamation district
shall be some place in the reclamation district to be designated by the directors. [1927 c 254 § 93; RRS § 7402-93.
Formerly RCW 89.22.090.]
89.30.262 Secretary’s oath and bond. The secretary
of the district shall take and subscribe a written oath of
office and execute an official bond in the sum of not less
than twenty-five hundred dollars to be fixed by the board of
directors, and said bond shall be approved and filed as in the
case of the bond of a director. [1927 c 254 § 88; RRS §
7402-88. Formerly RCW 89.22.290.]
89.30.265 Additional official bonds when fiscal
agent of United States. In case any district authorized in
this chapter is appointed fiscal agent of the United States or
is authorized by the United States in connection with any
irrigation project in which the United States is interested to
make collections of money for or on behalf of the United
States, such secretary and each such director and the county
treasurer of the county where the organization of the district
was effected shall each execute a further additional official
bond in such sum respectively as the secretary of the interior
may require conditioned for the faithful discharge of the
duties of his respective office and the faithful discharge by
the district of its duties as fiscal or other agent of the United
States in such appointment or authorization; such additional
bonds to be approved, recorded, filed and paid for as herein
provided for other official bonds. [1927 c 254 § 89; RRS §
7402-89. Formerly RCW 89.22.300.]
89.30.268 Additional official bonds when fiscal
agent of United States—Suit on. Any such additional
bonds required by the secretary of interior as above provided
may be sued upon by the United States or any person injured
by the failure of such officer or the district to fully, promptly
and completely perform their respective duties. [1927 c 254
§ 90; RRS § 7402-90. Formerly RCW 89.22.310.]
89.30.271 Official bonds, cost of. All official bonds
executed by district officers under the provisions of this
chapter shall be secured at the cost of the district. [1927 c
254 § 91; RRS § 7402-91. Formerly RCW 89.22.320.]
89.30.274 Directors—Organization—President,
secretary. The directors of the reclamation district shall
organize as a board and shall elect a president from their
number and appoint a secretary who shall be secretary of the
district and who shall keep a record of the proceedings of
(2002 Ed.)
89.30.280 District office—Change of location. Said
office and official place of business may be changed by
passing a resolution to that effect at a previous meeting of
the board entered in the minutes thereof and by posting a
notice of the same in a conspicuous public place at or near
the place of business which is to be changed at least ten
days prior thereto, and by the previous posting of a copy of
said notice for the same length of time at or near the new
location of the office. [1927 c 254 § 94; RRS § 7402-94.
Formerly RCW 89.22.100.]
89.30.283 Directors—Regular meetings, change of
day. The directors shall hold a regular monthly meeting at
their office on such day in each month as the board shall
designate in their bylaws and may adjourn any meeting from
time to time as may be required for the proper transaction of
business; PROVIDED, That the day of the regular monthly
meeting cannot be changed except in the manner prescribed
herein for changing the place of business of the district.
[1927 c 254 § 95; RRS 7402-95. Formerly RCW
89.22.110.]
89.30.286 Directors—Special meetings—Notice—
Business permissible. Special meetings of the board may
be called at any time by order of a majority of the directors.
Any member not joining in said order shall be given at least
a three days’ notice of such meeting, unless the same is
waived in writing, which notice shall also specify the
business to be transacted and the board at such special meetings shall have no authority to transact any business other
than that specified in the notice, unless the transaction of any
other business is agreed to in writing by all the members of
the board. [1927 c 254 § 96; RRS § 7402-96. Formerly
RCW 89.22.120.]
89.30.289 Directors—Meetings and records public.
All meetings of the board of directors shall be public. All
records of the board shall be open for the inspection of any
elector of the district during business hours of the day in
which any meeting of the board is held. [1927 c 254 § 97;
RRS § 7402-97. Formerly RCW 89.22.130.]
Meetings, minutes of governmental bodies: Chapter 42.32 RCW.
89.30.292 Directors—Quorum—Action by majority.
A majority of the directors shall constitute a quorum for the
transaction of business and in all matters requiring action by
the board, there shall be a concurrence of at least a majority
of the directors. [1927 c 254 § 98; RRS § 7402-98.
Formerly RCW 89.22.180, part.]
[Title 89 RCW—page 31]
89.30.295
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
89.30.295 Directors—Seal, bylaws, rules. The board
shall have the power and it shall be its duty to adopt a seal
of the reclamation district and to establish equitable bylaws,
rules and regulations for the government and management of
the affairs of the district. The bylaws, rules and regulations
must be printed in convenient form for distribution in the
district. [1927 c 254 § 99; RRS § 7402-99. Formerly RCW
89.22.180, part.]
89.30.298 Compensation of directors, officers,
employees. The members of the board of directors shall
each receive not to exceed five dollars per day in attending
the meetings, to be determined by said board, and such
compensation, not exceeding five dollars per day, for other
services rendered the district as shall be fixed by resolution
adopted by vote of the directors and entered in the minutes
of their proceedings, and in addition thereto, said directors
shall receive necessary expenses in attending meetings or
when otherwise engaged in district business. The board shall
fix the compensation to be paid to the secretary and all other
officers, agents and employees of the district. [1927 c 254
§ 100; RRS § 7402-100. Formerly RCW 89.22.140.]
89.30.310 County treasurer is ex officio district
treasurer. The county treasurer of the county in which the
organization of the reclamation district was effected shall be
and is hereby constituted ex officio district treasurer of said
district and of any general improvement district or divisional
district organized therein. [1927 c 254 § 104; RRS § 7402104. Formerly RCW 89.22.400.]
89.30.313 Liability of county treasurers. Any
county treasurer collecting or handling funds of the district
shall be liable upon his official bond and to criminal
prosecution for malfeasance, misfeasance or nonfeasance in
office relative to any of his duties prescribed herein. [1927
c 254 § 105; RRS § 7402-105. Formerly RCW 89.22.470.]
89.30.316 County treasurers to collect assessments.
It shall be the duty of the county treasurer of each county in
which lands of the district are located to collect and receipt
for all assessments and taxes levied as in this chapter
provided, and he shall account to the district for all interest
received on such funds from any public depositary with
which the same may be deposited. [1927 c 254 § 106; RRS
§ 7402-106. Formerly RCW 89.22.420.]
89.30.301 Interest in contracts prohibited—Penalty.
No director or any other officer named in this chapter shall
in any manner be interested, directly or indirectly in any
contract awarded or to be awarded by the board, or in the
profits to be derived therefrom; and for any violation of this
provision, such officer shall be deemed guilty of a misdemeanor, and such conviction shall work a forfeiture of his
office, and he shall be punished by a fine not exceeding five
hundred dollars or by imprisonment in the county jail not exceeding six months, or by both fine and imprisonment:
PROVIDED, That nothing in this section contained shall be
construed to prevent any district officer from being employed by the district as a day laborer. [1927 c 254 § 101;
RRS § 7402-101. Formerly RCW 89.22.150.]
89.30.319 Funds to be deposited with county
treasurer. There shall be deposited with the county
treasurer of the county in which the organization of the
reclamation district was effected, all sums collected for and
on account of taxes levied by the reclamation district, also
all sums collected by tolls, regular annual assessments or
voted special assessments, all proceeds from bond sales and
all other funds belonging to the reclamation district or
collected in behalf of any general improvement district or
divisional district within the reclamation district, and all said
funds shall be placed by the county treasurer in the appropriate fund of the district. [1927 c 254 § 107; RRS § 7402107. Formerly RCW 89.22.410.]
89.30.304 Delivery of records, etc., to successor.
Every person, upon the expiration or sooner termination of
his term of office as an officer of the district, shall immediately turn over and deliver, under oath, to his successor in
office, all records, books, papers and other property under
his control and belonging to such office. In case of the
death of any officer, his legal representative shall turn over
and deliver such records, books, papers and other property
to the successor in office of such deceased person. [1927 c
254 § 102; RRS § 7402-102. Formerly RCW 89.22.160.]
89.30.322 Claims against district. Any claim against
the district shall be presented to the district board for
allowance or rejection. Upon allowance the claim shall be
attached to a voucher verified by the claimant or his agent
and approved by the president and countersigned by the
secretary and directed to the county auditor of the county in
which the organization of the reclamation district was
effected, for the issuance of a warrant against the proper
fund of the district in payment of said claim. [1927 c 254
§ 108; RRS § 7402-108. Formerly RCW 89.20.060.]
89.30.307 Employees on termination to deliver
records to board—Penalty. Every person hired by the
district and having in his custody or under his control, in
connection with his contract of hire, any records, books,
papers or other property belonging to the district shall
immediately upon the expiration of his services, turn over
and deliver, under oath, to the district board or any member
thereof, all such records, books, papers or other property.
Any person violating any of the provisions of this section
shall be guilty of a misdemeanor. [1927 c 254 § 103; RRS
§ 7402-103. Formerly RCW 89.22.170.]
89.30.325 Disbursement of funds by county treasurer. Said county treasurer shall pay out the moneys received
or deposited with him or any portion thereof upon warrants
issued by the county auditor against the proper funds of the
district except the sums to be paid out of the bond fund for
principal and interest payments on bonds. [1983 c 167 §
249; 1927 c 254 § 109; RRS § 7402-109. Formerly RCW
89.22.450.]
[Title 89 RCW—page 32]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
(2002 Ed.)
Reclamation Districts of One Million Acres
89.30.328 Treasurer’s monthly report. The said
treasurer shall report in writing during the first week in each
month to the board of directors of the district the amount of
money held by him, the amount in each fund, the amount of
receipts for the month preceding in each fund and the
amount or amounts paid out of each fund, and said report
shall be filed with the secretary of the district. [1927 c 254
§ 110; RRS § 7402-110. Formerly RCW 89.22.440.]
89.30.331 Secretary’s monthly report of expenditures. The secretary shall also report to the board in writing
during the first week in each month, the amount and items
of expenditures during the preceding month and said report
shall be filed in the office of the board. [1927 c 254 § 111;
RRS § 7402-111. Formerly RCW 89.22.330.]
89.30.334 Elections—When general held. General
elections may be held in the reclamation district at the same
time that general state and county elections are held to
determine any proposition that may be legally submitted to
the electors. [1927 c 254 § 112; RRS § 7402-112. Formerly RCW 89.22.570.]
89.30.337 Elections—When special held. Special
elections may be held at any time upon resolution of the
district board. [1927 c 254 § 113; RRS § 7402-113.
Formerly RCW 89.22.580.]
89.30.340 Elections—How noticed and conducted.
Notice of any general or special reclamation district election
held under the provisions of this chapter shall be given by
the same officials in the same manner and for the same
length of time, and said election shall be provided for, held
and conducted by the same officials and the results thereof
determined by the same officials in the same manner and
with the same force and effect as nearly as may be as that
provided by the general laws of the state of Washington
relating to state and county elections. [1927 c 254 § 114;
RRS § 7402-114. Formerly RCW 89.22.590.]
89.30.343 Elections—Voting precincts. All county
voting precincts lying wholly within the reclamation district
shall also constitute the voting precincts of such district. In
any instance where the county voting precinct lies only
partly within the district, that part of the county voting
precinct lying within the reclamation district shall constitute
the voting precinct of such district. [1927 c 254 § 115; RRS
§ 7402-115. Formerly RCW 89.22.660.]
89.30.346 Elections—Polling places. The polling
places for the county voting precincts shall also be the
polling places for all voting precincts of the reclamation
district, which coincide with or are a part of said county
voting precincts. [1927 c 254 § 116; RRS § 7402-116.
Formerly RCW 89.22.670.]
89.30.349 Elections—Polls outside district precinct.
No reclamation district election, otherwise regular, shall be
invalid by reason of the fact that some of the polling places
for said election were located outside the district voting
(2002 Ed.)
89.30.328
precinct. [1927 c 254 § 117; RRS § 7402-117. Formerly
RCW 89.22.680.]
89.30.352 Elections—List of registered voters. The
registration clerk of any county voting precinct, partially
included in a reclamation district voting precinct, is hereby
authorized and it shall be his duty to prepare and certify at
the expense of the district a poll list of all registered voters
of said reclamation district voting precinct and to attach the
same to the poll books for his county voting precinct. [1927
c 254 § 118; RRS § 7402-118. Formerly RCW 89.22.690.]
89.30.355 Elections—Certification of propositions.
At least thirty days prior to any general district election, the
secretary of the reclamation district shall certify to the
county auditor of each county in which the election is to be
held, any proposition to be voted on in such precincts.
[1927 c 254 § 119; RRS § 7402-119. Formerly RCW
89.22.710.]
89.30.358 Elections—Ballots to be separate. The
reclamation district ballot for any district election shall be
separate from that for any other election held at the same
time and place and shall be printed by the county auditor of
each county concerned. [1927 c 254 § 120; RRS § 7402120. Formerly RCW 89.22.720.]
89.30.361 Elections—Checking names of voters
against registration list. In any case where the reclamation
district voting precinct includes only part of the county
voting precinct, the precinct election officials for said
precinct shall check the names of the electors offering to
vote the district election against the registered poll list
attached to the registration book, and any said elector whose
name appears on said poll list shall receive a district ballot
and shall be entitled to vote at said district election. [1927
c 254 § 121; RRS § 7402-121. Formerly RCW 89.22.700.]
89.30.364 Elections—Returns—Canvassing boards.
Precinct election officials shall make return of reclamation
district elections to their respective county canvassing
boards, which boards are hereby constituted canvassing
boards for all district voting precincts in their respective
counties. [1927 c 254 § 122; RRS § 7402-122. Formerly
RCW 89.22.730.]
89.30.367 Elections—Abstract of result. Immediately upon conclusion of the canvass of the returns of the
reclamation district election held in the precincts located in
his county, the county auditor shall mail to the chairman of
said district board, an abstract of the result of said district
election in his county. [1927 c 254 § 123; RRS § 7402-123.
Formerly RCW 89.22.740, part.]
89.30.370 Elections—District board to tabulate
abstracts and declare result. Upon receipt of all the
required abstracts of any said reclamation district election,
the district board shall meet and tabulate the same, and by
resolution declare the result of the district election. [1927 c
[Title 89 RCW—page 33]
89.30.370
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
254 § 124; RRS § 7402-124. Formerly RCW 89.22.740,
part.]
89.30.373 Director district to be represented on
board. Each director district shall be entitled to representation on the reclamation district board. [1927 c 254 § 125;
RRS § 7402-125. Formerly RCW 89.22.020, part.]
89.30.376 Election of subsequent directors. At the
time of the general state and county election next prior to the
expiration of the term of office of any director representing
a director district on the reclamation district board, a
candidate for such position shall be elected from such
director district by the electors of such district. [1927 c 254
§ 126; RRS § 7402-126. Formerly RCW 89.22.610.]
89.30.379 Director district elections. Director district
elections shall be provided for, noticed, conducted, canvassed
and abstracts of the returns mailed to the reclamation district
board, by the same respective officials and in the same
manner substantially, the voters thereat shall have the same
qualifications and shall vote at the same respective polling
places, as that provided herein for general reclamation
district elections held in said director districts. [1927 c 254
§ 127; RRS § 7402-127. Formerly RCW 89.22.640.]
89.30.382 Declaration of candidacy for board—Fee.
Any qualified resident elector of any director district which
is entitled at that time to elect a candidate for the office of
reclamation district director may become a candidate for
such office by filing, at least thirty days prior to the election,
his declaration of candidacy with the county auditor of his
county and by paying a fee of one dollar for said filing.
[1927 c 254 § 128; RRS § 7402-128. Formerly RCW
89.22.620.]
89.30.385 Ballots for director. The ballots for the
election of any reclamation district director shall contain the
names of all candidates for such office, who have filed and
paid the fee for their respective declarations as aforesaid.
[1927 c 254 § 129; RRS § 7402-129. Formerly RCW
89.22.630.]
89.30.388 District elections—Primary law not to
apply. The provisions of the law of the state relating to
primary elections shall not apply to district elections authorized in this chapter. [1927 c 254 § 130; RRS § 7402-130.]
89.30.391 Annual tax—Authorization. For the
purpose of raising revenue for any of the purposes of the
reclamation district, an annual tax shall be levied on all the
taxable real and personal property within the district:
PROVIDED, That no such tax shall be levied without the
approval of the electors of said district at a general election,
or at a special election called for that purpose. [1933 c 149
§ 14; 1927 c 254 § 131; RRS § 7402-131. Formerly RCW
89.26.010.]
89.30.394 Annual tax—How equalized and levied.
Said taxes shall be assessed by the county assessors of each
[Title 89 RCW—page 34]
county in which any land within the reclamation district is
situated, the valuations of the property assessed shall be
equalized by the board of equalization of each said respective county, and the levy made on estimates furnished by the
district board, by the board of county commissioners of each
said respective county, at the same time general state and
county taxes are assessed, property values equalized and
taxes levied respectively. [1927 c 254 § 132; RRS § 7402132. Formerly RCW 89.26.020.]
89.30.397 Annual tax—How collected. Taxes so
levied shall become a part of the general tax roll of the
county and shall be collected and the property charged
therewith sold in the same manner, at the same time, with
the same penalties attached in case of delinquency, as the
general state and county tax, and the proceeds thereof
credited to the reclamation district in the office of the county
treasurer of the county in which the organization of the
reclamation district was effected, as herein provided. [1927
c 254 § 133; RRS § 7402-133. Formerly RCW 89.26.030.]
89.30.400 Debt limit—General. Reclamation districts
created under the provisions of this chapter are hereby
authorized and empowered to contract indebtedness for
district purposes in any manner, when they deem it advisable, not exceeding an amount, together with the existing
nonvoter approved indebtedness of such district, of threefourths of one percent of the value of the taxable property in
such district, as the term "value of the taxable property" is
defined in RCW 39.36.015. [1984 c 186 § 63; 1970 ex.s. c
42 § 38; 1927 c 254 § 134; RRS § 7402-134. Formerly
RCW 89.26.060.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
89.30.403 Exceeding debt limit—Procedure. Such
reclamation districts may contract indebtedness for strictly
district purposes in excess of the amount specified in the
preceding section, but not exceeding in amount, together
with existing indebtedness, two and one-half percent of the
value of the taxable property, as the term "value of the
taxable property" is defined in RCW 39.36.015, whenever
three-fifths of the voters therein voting at an election held
for that purpose assent thereto. Elections shall be held as
provided in RCW 39.36.050. [1984 c 186 § 64; 1970 ex.s.
c 42 § 39; 1927 c 254 § 135; RRS § 7402-135. Formerly
RCW 89.26.070.]
Purpose—1984 c 186: See note following RCW 39.46.110.
Severability—Effective date—1970 ex.s. c 42: See notes following
RCW 39.36.015.
89.30.412 General obligation bonds—Authorized.
The reclamation district board shall have authority to
evidence district indebtedness by the issuance and sale of
negotiable general obligation bonds of the district. Such
bonds shall be issued and sold in accordance with chapter
39.46 RCW. [1984 c 186 § 65; 1983 c 167 § 250; 1927 c
254 § 138; RRS § 7402-138. Formerly RCW 89.26.200.]
Purpose—1984 c 186: See note following RCW 39.46.110.
(2002 Ed.)
Reclamation Districts of One Million Acres
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.427 Special fund from fixed income—Bonds
payable from special fund—Contract to purchase or lease
electricity—Powers of reclamation district conferred. (1)
In any instance where the district, general improvement or
divisional district is selling, renting or leasing water or
electric energy under the provisions of this chapter and there
is reasonable certainty of a permanent fixed income from
this source, the district board shall have authority to create
a special fund derived from a fixed proportion of the gross
income thus obtained and to issue bonds of the district
payable from such special fund and to sell the same to raise
revenue for the payment or amortization of the cost of the
construction and/or the operation and maintenance of the
reclamation district or general improvement or divisional
district works and for such other purposes as the state of
Washington and/or the United States may require: PROVIDED, That the state of Washington may, through the director
of ecology, enter into a contract with the reclamation district,
improvement or divisional district or districts or the United
States to purchase, rent or lease and to sell or resell and/or
distribute all or any part of the electric energy developed or
to be developed at the reclamation, improvement or divisional district works at a price sufficient to amortize the cost of
power development over a period of fifty years after the
completion of such power development and to provide a surplus sufficient to reduce the cost of reclaiming the lands of
the district or districts within economic limits: AND
PROVIDED FURTHER, That no contract or contracts as in
this section provided shall be finally consummated or
become binding in any way whatsoever until the legislature
of the state of Washington in special or regular session shall
approve the same, and provided further in such sale and/or
distribution of power by the director of ecology preference
in the purchase and/or distribution thereof shall be given to
municipal corporations and cooperative associations: AND
PROVIDED FURTHER, That general improvement and
divisional districts shall have (in addition to the powers
granted them in chapter 254 of the Session Laws of 1927
and in this act) the same powers as are given to the reclamation districts under RCW 89.30.007.
(2) Such bonds may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 254; 1933 c 149 §
15; 1927 c 254 § 143; RRS § 7402-143. Formerly RCW
89.24.270, 89.24.590 and 89.26.250.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.430 Special fund from fixed income—
Contents—Pledge of income—Not district obligation.
Bonds payable from such special fund shall not be an
obligation of the reclamation district and they shall state on
their face that they are payable solely from a special fund
derived from a certain fixed proportion (naming it) of the
gross income derived by the district from the sale, rent or
lease of water or power, as the case may be, and such fixed
proportion of such gross income shall be irrevocably devoted
to the payment of such bonds until the same are fully paid.
[1927 c 254 § 144; RRS § 7402-144. Formerly RCW
89.26.260.]
(2002 Ed.)
89.30.412
89.30.433 Special fund from fixed income—
Maturity—Form—Interest rates. Said bonds shall mature
in series amortized in a definite schedule during a period not
to exceed sixty years from the date of their issuance, shall be
in such denominations and form including bearer bonds or
registered bonds as provided in RCW 39.46.030, and shall
be payable, with annual or semiannual interest at a rate or
rates the board shall provide: PROVIDED, That such bonds
may also be issued in accordance with chapter 39.46 RCW.
[1983 c 167 § 255; 1981 c 156 § 33; 1933 c 149 § 16; 1927
c 254 § 145; RRS § 7402-145. Formerly RCW 89.26.270.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.436 General improvement districts—
Authorized. In any instance where the construction,
reconstruction, betterment or extension of power and/or
irrigation works or the acquisition of property and rights
therein appropriate for the purpose of carrying out the
provisions of this chapter, will specially benefit any or all
the lands within the reclamation district susceptible of
irrigation, the district board shall have authority to organize
said lands into a general improvement district and to provide
for the levy and collection of special assessments against
said lands to raise revenue in support of any or all of said
purposes. [1933 c 149 § 17; 1927 c 254 § 146; RRS §
7402-146. Formerly RCW 89.24.050.]
89.30.439 General improvement districts—
Resolution, survey and investigation. For the purpose of
organizing such an improvement district, the district board
shall pass a resolution outlining in general terms the proposed improvement to be constructed or property or rights to
be acquired, finding that the same will be of special benefit
to any or all the lands susceptible of irrigation within the
reclamation district, and ordering a survey and investigation
with respect to the matter. [1927 c 254 § 147; RRS § 7402147. Formerly RCW 89.24.060.]
89.30.442 General improvement districts—Cost of
survey and investigation—Limitation of levy. The cost of
making said survey and investigation shall be paid from any
funds available for the purpose in the treasury of the
reclamation district; PROVIDED, That the annual tax levy
made by the reclamation district for such purpose shall not
exceed one mill in any year. [1927 c 254 § 148; RRS §
7402-148. Formerly RCW 89.24.070.]
89.30.445 General improvement districts—Board
may make survey and investigation. The district board
shall have full authority to make such survey and investigation as in its judgment shall be necessary to obtain
reliable information upon which to determine whether the
proposed improvement shall be made or property or rights
acquired, and for this purpose the district board shall employ
such services of every nature as may be required. [1927 c
254 § 149; RRS § 7402-149. Formerly RCW 89.24.080.]
89.30.448 General improvement districts—Contract
with state or United States for survey and investigation.
The district board shall also have authority to enter into
[Title 89 RCW—page 35]
89.30.448
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
contracts with the proper department of the state of Washington or the federal government, to make such survey and
investigation, or any part of same or to render any other
service as may be deemed advisable. [1927 c 254 § 150;
RRS § 7402-150. Formerly RCW 89.24.090.]
the district board shall meet at the place designated in the
notice, and if it appears that due notice of such hearing has
been given, shall proceed with the hearing and may adjourn
said hearing from time to time and place to place. [1927 c
254 § 154; RRS § 7402-154. Formerly RCW 89.24.130.]
89.30.451 General improvement districts—Report
on survey and investigation—Estimate of cost. Upon the
completion of said survey and investigation, the district
board shall cause to be filed in its office a written report of
the same. Said report shall specify the character of the
proposed improvement to be made, or property or rights to
be acquired, shall state in reasonable detail the probable cost
of same, including integral parts thereof: PROVIDED, That
such estimate of the cost shall be held to be preliminary only
and shall not be binding as a limit on the amount that may
be expended in carrying out the proposed project. Said
report shall also outline a plan for financing the proposed
project, shall contain any recommendations that may be
deemed advisable, and shall be identified by the signature of
the secretary of the district as the official report of the
survey and investigation in the proceedings to organize said
improvement district. [1927 c 254 § 151; RRS § 7402-151.
Formerly RCW 89.24.100.]
89.30.463 General improvement districts—
Objections and evidence at hearing. At said hearing, the
district board shall hear all objections and receive all pertinent evidence offered and shall, in any event, receive
evidence as to whether all the lands included in the proposed
improvement district will be benefited by the proposed
project. [1927 c 254 § 155; RRS § 7402-155. Formerly
RCW 89.24.140.]
89.30.454 General improvement districts—Notice
for hearing on report. The district board shall thereupon
fix a time and place for a hearing on said report and shall
cause notice of said hearing to be published in the same
manner and for the same length of time as provided herein
in case of notice of hearing on the petition to organize the
reclamation district. [1927 c 254 § 152; RRS § 7402-152.
Formerly RCW 89.24.110.]
89.30.457 General improvement districts—Contents
of notice for hearing. Said notice shall state that all or part
of the lands included in the reclamation district (naming it)
are proposed to be organized as a general improvement
district for the purpose of making a certain improvement
(stating its nature generally) or acquiring certain property or
rights (naming the same) as the case may be, that the lands
within the proposed improvement district (where part only of
the lands in the reclamation district are to be included, such
part shall be described in township, ranges and where necessary in lesser legal subdivisions) are to be assessed to pay
for said improvement, or property or rights therein; that a
report containing further information concerning the matter
is on file in the office of the board of the reclamation district
and may be inspected at any time, during business hours, by
any interested person; that a hearing thereon will be held
(stating the time and place); that all persons interested may
appear before the board at the time and place named in the
notice and show cause, if any they have, why the proposed
district should not be organized, the proposed project carried
out, and said lands assessed for that purpose. Said notice
shall be signed by the secretary of the reclamation district.
[1927 c 254 § 153; RRS § 7402-153. Formerly RCW
89.24.120.]
89.30.460 General improvement districts—
Hearing—Adjournments. On the date set for said hearing,
[Title 89 RCW—page 36]
89.30.466 General improvement districts—Change
of plans. The district board at said hearing may adopt, or
for good reason, change, add to or modify the plans for the
system of improvement, and shall exclude lands not benefited; said board shall have full authority to determine all the
questions properly before it at said hearing. [1927 c 254 §
156; RRS § 7402-156. Formerly RCW 89.24.150.]
89.30.469 General improvement districts—Order on
approval. If at said hearing the district board approves the
plan of improvement or acquisition of property or rights
therein, it shall make and enter an order to that effect, shall
specify the lands that will be specially benefited by the proposed project and shall declare the improvement district duly
organized under the name of general improvement district
No. . . . . of . . . . . . reclamation district. [1927 c 254 §
157; RRS § 7402-157. Formerly RCW 89.24.160.]
89.30.472 General improvement districts—Findings
conclusive, exception. The finding of the board that the
lands included within the general improvement district will
be benefited by the proposed improvement or acquisition of
property or rights therein, shall be a legislative determination
that such lands will be specially benefited to the extent
necessary to pay in full all costs and obligations of every
nature required in making and maintaining such improvement or for the acquisition of property or rights, and such
determination shall be conclusive upon the courts, except for
actual fraud or arbitrary action on the part of the district
board when making such finding as to lands benefited.
[1927 c 254 § 158; RRS § 7402-158. Formerly RCW
89.24.170.]
89.30.475 General improvement districts—Special
benefits deemed continuing. The special benefits conferred
upon the lands involved in the general improvement district
by any such improvement or by the acquisition of any
property or rights therein shall not be deemed to accrue at
any one time but shall be deemed to be benefits continuing
throughout the period of the life of the project, which render
said lands subject to assessment, from year to year as herein
provided, to pay for and carry out the object for which such
improvement was made or property or rights therein acquired. [1927 c 254 § 159; RRS § 7402-159. Formerly
RCW 89.24.180.]
(2002 Ed.)
Reclamation Districts of One Million Acres
89.30.478 General improvement districts—Powers
of board—Act on behalf of improvement or divisional
district not to render reclamation district liable. The
board of directors of the reclamation district shall have full
authority to manage and conduct the business affairs of the
general improvement district, to employ and appoint such
agents, officers and employees as may be necessary and
prescribe their duties, to establish reasonable bylaws, rules
and regulations for the government and management of the
affairs of the improvement district, and generally to perform
any and all acts necessary to carry out the purpose of the
general improvement district: PROVIDED, That no act done
nor contract entered into by the district board for or in behalf
of any improvement district or in behalf of any divisional
district herein authorized, shall in any manner bind the
reclamation district or render the same liable except as
herein specifically provided, but such act or contract shall be
chargeable exclusively to the lands of the improvement
district or divisional district concerned. [1927 c 254 § 160;
RRS § 7402-160. Formerly RCW 89.24.190.]
89.30.481 Power of board as to assessments in
improvement or divisional districts. Said district board
shall have authority to levy assessments as herein provided
against the benefited lands included within the operation of
the general improvement or divisional district for any of the
objects or purposes for which the general improvement or
divisional district was organized. [1927 c 254 § 161; RRS
§ 7402-161. Formerly RCW 89.24.260.]
89.30.484 Divisional districts—Authorized. For the
purpose of carrying out any of the objects for which a
reclamation district may be created and maintained, under
the provisions of this chapter in units of development of
lesser area than that contemplated in the organization of a
general improvement district, the district board shall have
authority to organize the lands susceptible of irrigation in
one or more of such units of development, into divisional
districts. [1927 c 254 § 162; RRS § 7402-162. Formerly
RCW 89.24.200.]
89.30.487 Divisional districts—Powers of board,
officers and electors. All the powers which the district
board, other officers and the electors therein, now or shall
hereafter have under the provisions of this chapter to organize, manage, finance and operate a general improvement
district, said board, other officers and said electors, shall
have to organize, manage, finance and operate divisional
districts, and such divisional districts may be organized,
managed, financed and operated to develop and improve the
lands susceptible of irrigation within their operation for any
of the purposes for which a general improvement district
may be organized, managed, financed and operated. [1927
c 254 § 163; RRS § 7402-163. Formerly RCW 89.24.210.]
89.30.490 Divisional districts—Organization.
Divisional districts shall be organized in the same manner as
that provided herein for the organization of general improvement districts. [1927 c 254 § 164; RRS § 7402-164.
Formerly RCW 89.24.220.]
(2002 Ed.)
89.30.478
89.30.493 Divisional districts—Liability. Any
assessments levied against the lands included in any said
divisional district, any contracts entered into, any evidences
of indebtedness issued, or obligations arising, in behalf of
any said divisional district, shall be in addition to and independent of any assessments, contracts, evidences of indebtedness, or obligations arising in behalf of any general improvement district, authorized under the provisions of this chapter.
[1927 c 254 § 165; RRS § 7402-165. Formerly RCW
89.24.230.]
89.30.496 Divisional districts—Assessments, contracts, etc. The district board and other proper officers shall
have authority to levy and collect assessments against the
lands included in any said divisional district, enter into
contracts, issue evidences of indebtedness, and do everything
that may be necessary to carry out the purposes of the
divisional district organization, in similar form and manner
as that provided in this chapter with respect to general
improvement districts. [1927 c 254 § 166; RRS § 7402-166.
Formerly RCW 89.24.240.]
89.30.499 Exclusion of nonirrigable lands from
general improvement or divisional districts—Petition—
Prior obligations. In any instance in which any tract of
land not susceptible of irrigation in its natural state has been
included in any general improvement district or divisional
district herein authorized through inadvertency or mistake on
the part of the district board at the time of the organization
of such general improvement district or divisional district,
the same may be excluded from the district concerned by a
petition made by the owner or owners thereof and filed with
the district board: PROVIDED, That the exclusion of said
land or lands shall not relieve the same of its obligation to
pay assessments for bonds outstanding at the time said
petition is filed with the district board without written
consent of the holders of said bonds. [1927 c 254 § 167;
RRS § 7402-167. Formerly RCW 89.24.400.]
89.30.502 Exclusion of nonirrigable lands from
general improvement or divisional districts—Time for
hearing—Notice. Upon the receipt of any petition for
exclusion of lands from any general improvement district or
divisional district, the board shall fix a time and place for
hearing said petition and give notice thereof at the expense
of the landowner concerned by publication in a newspaper
of general circulation published in the county where the
lands petitioned to be excluded are situated, for a period of
two weeks (three issues) prior to the date of the hearing.
[1927 c 254 § 168; RRS § 7402-168. Formerly RCW
89.24.410.]
89.30.505 Exclusion of nonirrigable lands from
general improvement or divisional districts—Hearing. At
the time and place named in the notice, the board shall
consider the petition and shall have full authority to grant or
deny the same. [1927 c 254 § 169; RRS § 7402-169.
Formerly RCW 89.24.420.]
89.30.508 Exclusion of nonirrigable lands from
general improvement or divisional districts—Levy to pay
[Title 89 RCW—page 37]
89.30.508
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
bonds preserved. In the event that there are outstanding
bonds, the board shall have authority, if it believes that the
petition should otherwise be granted, to grant the same for
all purposes except that of the levy of assessments to pay the
principal and interest of outstanding bonds. [1927 c 254 §
170; RRS § 7402-170. Formerly RCW 89.24.430.]
89.30.511 Exclusion of nonirrigable lands from
general improvement or divisional districts—
Unconditional relief—Effect. In the event that a petition
for exclusion as herein provided is unconditionally granted
by the district board, said land shall thereafter be relieved
from any obligation to pay special assessments levied in
behalf of the district from which the same is excluded.
[1927 c 254 § 171; RRS § 7402-171. Formerly RCW
89.24.440.]
89.30.514 Exclusion of nonirrigable lands from
general improvement or divisional districts—Power to
reduce assessments. In the event that lands petitioned to be
excluded cannot be relieved of the obligation to pay assessments for outstanding bonds, the board shall have authority,
when sitting as a board of equalization, to make an equitable
reduction in the amount of assessments levied against such
land for bond purposes. [1927 c 254 § 172; RRS § 7402172. Formerly RCW 89.24.450.]
89.30.517 Negotiable bonds of general improvement
or divisional district—Authorized. (1) For the purpose of
furthering or carrying out any of the objects for which a
general improvement or divisional district was organized, for
the purpose of raising additional moneys for that purpose or
for refunding outstanding improvement or divisional district
bonds, the district board shall have authority to issue and sell
negotiable bonds in such amounts as shall be approved by
the electors of the general improvement or divisional district
at an election called for that purpose, as herein provided.
(2) Notwithstanding the provisions of RCW 89.30.520
through 89.30.568, such bonds may be issued and sold in
accordance with chapter 39.46 RCW. [1983 c 167 § 256;
1927 c 254 § 173; RRS § 7402-173. Formerly RCW
89.26.400.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.520 Negotiable bonds of general improvement
or divisional district—Form, contents, payment, interest.
(1) Bonds issued under the provisions of this chapter shall be
negotiable, serial bonds, in such series, maturities and
denominations as the board shall determine, payable in legal
currency of the United States, at such place as the board
shall provide, from funds derived from the levy and collection of special assessments against the benefited lands within
the operation of the general improvement or divisional
district and shall draw interest at a rate or rates as the board
shall authorize. Such bonds may be in any form, including
bearer bonds or registered bonds as provided in RCW
39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued in accordance with chapter 39.46
RCW. [1983 c 167 § 257; 1970 ex.s. c 56 § 103; 1969 ex.s.
[Title 89 RCW—page 38]
c 232 § 62; 1927 c 254 § 174; RRS § 7402-174. Formerly
RCW 89.26.480.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
89.30.523 Negotiable bonds of general improvement
or divisional district—Obligation of improvement and
divisional district—Reclamation district not obligated—
Deferred assessments. Such bonds shall not constitute an
obligation of the reclamation district and shall so specify on
their face, but said bonds shall constitute a general obligation
of the general improvement or divisional district for the
benefit of which the same are issued and all the lands included in such general improvement or divisional district
shall be and remain liable to be assessed for their payment
until the principal and interest of said bonds are fully paid:
PROVIDED, That in case the plan of improvement contemplates the construction of units progressively, the levy and
collection of assessments against lands in any undeveloped
unit, may at the option of the district board be deferred until
such lands are sufficiently developed to equitably bear such
exactions. [1927 c 254 § 175; RRS § 7402-175. Formerly
RCW 89.26.500.]
89.30.526 Negotiable bonds of general improvement
or divisional district—Election, how conducted. Elections
held in a general improvement or divisional district for the
purpose of determining whether bonds of the district shall be
issued, shall except as otherwise herein provided, be called
by the district board, shall be provided for, noticed, conducted and the results thereof determined in the same manner
and by the same officers respectively in each county concerned as nearly as may be as provided in the general
election laws of the state for special municipal and district
elections. [1927 c 254 § 176; RRS § 7402-176. Formerly
RCW 89.26.410.]
89.30.529 Negotiable bonds of general improvement
or divisional district—Election precincts and officials.
The several county election boards of the respective counties
concerned shall have full authority and it shall be their duty
to establish election precincts within the general improvement or divisional district for such bond elections and to
appoint the necessary election officials, and to do such other
things as may be necessary and proper for the holding of
such an election: PROVIDED, That wherever possible the
regular county voting precincts, polling places and election
officials shall be used for said elections. [1927 c 254 § 177;
RRS § 7402-177. Formerly RCW 89.26.420.]
89.30.532 Negotiable bonds of general improvement
or divisional district—Contents of notice of election.
Notice of said election shall state the amount and maturities
of the proposed bonds and in general terms the objects for
which said bonds are to be issued, shall specify any precincts and the location of any polling places other than the
regular county precincts and polling places therein, shall
state that the polling places will be open from eight o’clock
(2002 Ed.)
Reclamation Districts of One Million Acres
89.30.532
a.m. to eight o’clock p.m. on the day of said election and
shall be signed by the clerk of said respective county
election boards. [1927 c 254 § 178; RRS § 7402-178.
Formerly RCW 89.26.430.]
Such bonds may be pledged to the United States under any
contract with the United States authorized by federal statute,
for the purpose of furthering any of the objects and purposes
of the district organization. [1927 c 254 § 184; RRS §
7402-184. Formerly RCW 89.26.530.]
89.30.535 Negotiable bonds of general improvement
or divisional district—Notice and election in nonassessable area. Where any nonassessable area is situated within
any voting precinct within the general improvement or divisional district, any notice or other announcement required by
law to be posted, may be so posted in such area, and any
election held or to be held pursuant to the provisions of this
chapter, may be held within such area. [1927 c 254 § 179;
RRS § 7402-179. Formerly RCW 89.26.440.]
89.30.553 Negotiable bonds of general improvement
or divisional district—Public or private sale—Payment in
property, labor, etc. Such bonds, or any portion thereof,
may be sold at public or private sale, and property or
property rights, labor and material, necessary to carry out the
objects and purposes of said bond issue may be received by
the district board in payment therefor. [1927 c 254 § 185;
RRS § 7402-185. Formerly RCW 89.26.540.]
89.30.538 Negotiable bonds of general improvement
or divisional district—Mailing returns—Canvass. The
election officials for every voting precinct for said bond
elections shall mail their returns to the county election board
of the county in which such precincts are located, and such
board shall canvass the returns of said election. [1927 c 254
§ 180; RRS § 7402-180. Formerly RCW 89.26.450.]
89.30.541 Negotiable bonds of general improvement
or divisional district—Abstract of election results.
Immediately upon the canvass of said election, the county
auditors of the several counties concerned shall mail an
abstract of the result of said election in the precincts of their
respective counties to the board of directors of the reclamation district. [1927 c 254 § 181; RRS § 7402-181. Formerly RCW 89.26.460.]
89.30.544 Negotiable bonds of general improvement
or divisional district—Resolution authorizing issuance of
bonds. The reclamation district board shall tabulate said
abstracts of election returns and if it appears that a majority
of the votes cast at any such election are in favor of the
proposition submitted at said election, the board shall so
declare and enter a resolution authorizing the issuance of
bonds in the amounts and maturities and for the objects
proposed. Such bonds may be issued in accordance with
chapter 39.46 RCW. [1983 c 167 § 258; 1927 c 254 § 182;
RRS § 7402-182. Formerly RCW 89.26.470.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.547 Negotiable bonds of general improvement
or divisional district—Sale or exchange price. (1) General
improvement or divisional district bonds issued under the
provisions of this chapter shall not be sold for less than
ninety percent of their par value, and refunding bonds shall
not be sold or exchanged for less than their par value.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 259; 1927 c 254 § 183; RRS § 7402-183.
Formerly RCW 89.26.520.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.550 Negotiable bonds of general improvement
or divisional district—Pledge of bonds to United States.
(2002 Ed.)
89.30.556 Negotiable bonds of general improvement
or divisional district—Negotiability—Execution. (1) All
general improvement or divisional district bonds issued
under the provisions of this chapter shall be negotiable in
form, shall be signed by the president of the reclamation district board and secretary of said district and shall have the
seal of the district impressed thereon.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued in accordance with chapter 39.46
RCW. [1983 c 167 § 260; 1927 c 254 § 186; RRS § 7402186. Formerly RCW 89.26.490.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.565 Negotiable bonds of general improvement
or divisional district—Moneys paid to county treasurer.
The proceeds of bond sales for cash shall be paid by the
purchaser to the county treasurer of the county in which the
organization of the district was effected or to his duly
authorized agent and credited to the proper fund. [1927 c
254 § 189; RRS § 7402-189. Formerly RCW 89.26.560.]
89.30.568 Negotiable bonds of general improvement
or divisional district—Bonds paramount lien on moneys
in fund. Bonds issued for or in behalf of any general improvement district or any divisional district under the
provisions of this chapter, shall constitute a lien upon the
moneys in any fund set apart for their payment paramount
and superior to that of any other obligation of whatsoever
nature against said fund except that of a prior bond issue
payable from said fund. [1927 c 254 § 190; RRS § 7402190. Formerly RCW 89.26.570.]
89.30.571 Assessments in general improvement or
divisional district—Annual ad valorem basis. Assessments made in order to carry out the purposes of any general
improvement district or of any divisional district, authorized
in this chapter, shall be made annually on an ad valorem
basis against the lands and improvements thereon, included
within the operation of any such district; PROVIDED, That
in assessing lands having and using a water right independent of the district system, the value of such water right
shall be deducted from the assessable value of said lands.
[1927 c 254 § 191; RRS § 7402-191. Formerly RCW
89.26.720.]
[Title 89 RCW—page 39]
89.30.574
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
89.30.574 Assessments in general improvement or
divisional district—Assessment roll. On or before the first
Tuesday in November of each year, the secretary of the
district shall prepare and file with the district board for the
use of any general improvement or divisional district
authorized under this chapter, an assessment roll on which
must be listed all the assessable property within such general
improvement or divisional district. [1927 c 254 § 192; RRS
§ 7402-192. Formerly RCW 89.26.700.]
89.30.577 Assessments in general improvement or
divisional district—Contents of assessment roll. On such
assessment roll must be specified in separate columns, under
appropriate headings, the following:
(1) The name of the person to whom the property is
assessed, if not known then to "unknown owners".
(2) Land by township, range, section or fractional
section and when such land is not a congressional division
or subdivision, by metes and bounds, or other description
sufficient to identify it, giving an estimate of the number of
acres, locality, and the improvements thereon.
(3) City and town lots, naming the city or town, and the
number and block according to the system of numbering in
such city or town, and the improvements thereon.
(4) The cash value of real estate other than city or town
lots.
(5) The cash value of improvements on such real estate.
(6) The cash value of city and town lots.
(7) The cash value of improvements on city and town
lots.
(8) The total value of all property assessed.
(9) The total value of all property after equalization by
the board of directors.
(10) Such other things as the board of directors may
require. [1927 c 254 § 193; RRS § 7402-193. Formerly
RCW 89.26.710.]
89.30.580 Assessments in general improvement or
divisional district—Basis of valuation. The value of such
lands and improvements thereon shown on the county
general tax roll, last equalized, shall be taken as the basis of
valuation wherever possible in preparing said district
assessment roll. [1927 c 254 § 194; RRS § 7402-194.
Formerly RCW 89.26.730.]
89.30.589 Assessments in general improvement or
divisional district—Assessments for prior years—Expense
for delinquencies. Any property which may have escaped
assessment for any year or years shall in addition to the
assessment for the then current year be assessed for such
year or years with the same effect and with the same
penalties as are provided for such current year, and any
property delinquent in any year may be directly assessed
during the current year for any expense caused the district on
account of such delinquency. [1927 c 254 § 197; RRS §
7402-197. Formerly RCW 89.26.750.]
89.30.592 Assessments in general improvement or
divisional district—Roll to segregate lands as to counties.
Where the general improvement or divisional district
embraces lands lying in more than one county, the assessment roll shall be so arranged that the lands lying in each
county shall be segregated and grouped according to the
county in which the same are situated. [1927 c 254 § 198;
RRS § 7402-198. Formerly RCW 89.26.760.]
89.30.595 Assessments in general improvement or
divisional district—Roll to district board—Notice of
equalization. On or before the first Tuesday in November
each year, the secretary shall complete the general improvement or divisional district assessment roll and deliver it to
the district board who shall immediately direct the secretary
to give a notice thereof and of the time the board of directors, acting as a board of equalization, will meet to equalize
assessments, by publication in a newspaper in each of the
counties comprising such district. [1927 c 254 § 199; RRS
§ 7402-199. Formerly RCW 89.26.770.]
89.30.598 Assessments in general improvement or
divisional district—Time for equalization meeting—
Inspection of roll. The time fixed for said meeting shall not
be less than twenty nor more than thirty days from the day
of the first publication of the notice and in the meantime the
assessment roll shall remain in the office of the secretary for
the inspection of all persons interested. [1927 c 254 § 200;
RRS § 7402-200. Formerly RCW 89.26.780.]
89.30.583 Assessments in general improvement or
divisional district—Valuation of lands not on tax roll.
Lands and improvements not shown on the county general
tax roll shall be given such valuation on the district assessment roll as the secretary shall determine having regard to
the equalized valuation of similar private lands in the
vicinity for general tax purposes. [1927 c 254 § 195; RRS
§ 7402-195. Formerly RCW 89.26.740, part.]
89.30.601 Assessments in general improvement or
divisional district—Hearing before equalization board—
Authority. Upon the day specified in the notice of the
meeting of the board of equalization, the board of directors
which is hereby constituted a board of equalization for that
purpose, shall meet and continue in session from day to day
as long as may be necessary, not to exceed ten days exclusive of Sundays, to hear and determine such objections to
the valuation and assessment as may come before them and
the board may change the valuation as may be just. [1927
c 254 § 201; RRS § 7402-201. Formerly RCW 89.26.790.]
89.30.586 Assessments in general improvement or
divisional district—Values on roll are conclusive, when.
The values of land fixed by the secretary on the district
assessment roll shall be conclusive upon all persons unless
challenged before the district board at the time of the
equalization of said roll. [1927 c 254 § 196; RRS § 7402196. Formerly RCW 89.26.740, part.]
89.30.604 Assessments in general improvement or
divisional district—Changes on roll to be noted—
Completed roll to county treasurers. The secretary shall
be present during the sessions of the board of equalization,
and note all changes made in the valuation of property and
in the names of the persons whose property is assessed and
on or before the first day of January next following, he shall
[Title 89 RCW—page 40]
(2002 Ed.)
Reclamation Districts of One Million Acres
complete the assessment roll as finally equalized by the
board and deliver the segregations of the same to the
respective county treasurers concerned. [1927 c 254 § 202;
RRS § 7402-202. Formerly RCW 89.26.800.]
89.30.607 Assessments in general improvement or
divisional district—Annual levy for bonds and interest.
The board of directors shall in each year before said assessment roll for any general improvement or divisional district
herein authorized, is delivered to the respective county
treasurers, levy an assessment sufficient to raise the ensuing
annual interest on the outstanding bonds issued for the
benefit of said district, and shall beginning in the year
preceding the maturity of any series of the bonds of any
issue, levy an assessment for the ensuing year and from year
to year in an amount sufficient to pay and discharge said
outstanding bonds as they mature. [1927 c 254 § 203; RRS
§ 7402-203. Formerly RCW 89.26.830.]
89.30.610 Assessments in general improvement or
divisional district—Levy for contracts with state or
United States or for other charges. Said board shall also
levy an assessment sufficient to provide for all payments due
or to become due in the ensuing year to the United States or
the state of Washington under any contract between the
district and the United States or the state of Washington
authorized under this chapter. A similar levy of assessment
shall be made by the board for any other item chargeable
against the lands of such district under the provisions of this
chapter. [1927 c 254 § 204; RRS § 7402-204. Formerly
RCW 89.26.840.]
89.30.613 Assessments in general improvement or
divisional district—Levy for delinquencies. The board
shall also at the time of making the annual levy for any
general improvement or divisional district authorized under
this chapter, estimate all probable delinquencies on said levy
and shall thereupon levy a sufficient amount to cover the
same and a further amount to cover any deficit that may
have resulted from any delinquent assessments for any
preceding year. [1927 c 254 § 205; RRS § 7402-205.
Formerly RCW 89.26.850.]
89.30.616 Assessments in general improvement or
divisional district—Collected assessments to constitute
designated special funds. Assessments against lands in any
general improvement or divisional district authorized under
this chapter, when collected by the county treasurer shall
constitute a special fund or funds as the case may be, to be
called respectively, the "bond fund of general improvement
or divisional district No. . . . .", the "contract fund of general
improvement or divisional district No. . . . .", the "warrant
fund of general improvement or divisional district No.
. . . .", and any other special fund authorized by law. [1983
c 167 § 261; 1927 c 254 § 206; RRS § 7402-206. Formerly
RCW 89.26.860.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.619 Assessments in general improvement or
divisional district—Procedure on failure to deliver roll—
(2002 Ed.)
89.30.604
Preparation, equalization, levy by county commissioners.
If the annual assessment roll or segregation thereof for any
general improvement or divisional district authorized under
this chapter, has not been delivered to the respective county
treasurers concerned on or before the first day of January
following the equalization thereof, any said county treasurer
shall immediately notify the secretary of the district by
registered mail that unless said roll is delivered to said
county treasurer within ten days from the receipt of said notice, the board of county commissioners of the county in
which the organization of the reclamation district was
effected will cause an assessment roll for the district to be
prepared and shall equalize the same if necessary and make
the levy required by this chapter. [1927 c 254 § 207; RRS
§ 7402-207. Formerly RCW 89.26.810.]
89.30.622 Assessments in general improvement or
divisional district—Manner and effect of levy by county
commissioners—Expenses. Any levy of assessments so
made by said board of county commissioners shall be made
in the same manner and with like effect as if the same had
been made and equalized by the board of directors of the
reclamation district and all expenses incidental thereto shall
be borne by the district. [1927 c 254 § 208; RRS § 7402208. Formerly RCW 89.26.820.]
89.30.625 Assessments in general improvement or
divisional district—County treasurer may perform duties
of district secretary, when. In case of the neglect or
refusal of the secretary of the reclamation district to perform
the duties imposed by law, then the treasurer of the county
in which the organization of the reclamation district was
effected may perform such duties and shall be accountable
therefor on his official bond as in other cases. [1927 c 254
§ 209; RRS § 7402-209. Formerly RCW 89.22.460.]
89.30.628 Assessments in general improvement or
divisional district—Lien of assessment, when attaches.
The assessment upon the real property in any general improvement or divisional district authorized under this chapter,
shall be a lien against the property assessed from and after
the first day of March in the year in which it is levied but as
between a grantor and a grantee such lien shall not attach
until the first Monday of February of the succeeding year.
[1927 c 254 § 210; RRS § 7402-210. Formerly RCW
89.28.200.]
89.30.631 Assessments in general improvement or
divisional district—Assessment lien paramount—When
extinguished. The lien for said assessments shall be
paramount and superior to any other lien theretofore or
thereafter created, whether by mortgage, judgment or
otherwise except a lien for prior assessments and for general
taxes, and such lien shall not be extinguished until the
assessments are paid or the property sold for the payment
thereof and deed issued as provided by law. [1927 c 254 §
211; RRS § 7402-211. Formerly RCW 89.28.210.]
89.30.634 Assessments in general improvement or
divisional district—When assessments due and payable—
Delinquency date. The assessments specified in said as[Title 89 RCW—page 41]
89.30.634
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
sessment roll shall become due and payable on the first
Monday of February of the year succeeding the equalization
of said assessments at the office of each respective county
treasurer and said assessments shall become delinquent at
five o’clock in the afternoon of the thirty-first day of May
thereafter unless fifty percent thereof shall have been paid.
[1927 c 254 § 212; RRS § 7402-212. Formerly RCW
89.28.220, part.]
89.30.637 Assessments in general improvement or
divisional district—When assessment delinquent—
Interest rate. If the whole or fifty percent thereof shall not
have been paid on or before five o’clock in the afternoon on
the thirty-first day of May as above provided, the said
assessments shall become delinquent and shall draw interest
at the rate of twelve percent per annum until paid. [1927 c
254 § 213; RRS § 7402-213. Formerly RCW 89.28.220,
part.]
89.30.640 Installment payments—Delinquency. If
fifty percent of said assessments against any tract of land is
paid on or before five o’clock in the afternoon of the thirtyfirst day of May aforesaid, then the remainder thereof will
not become delinquent until the thirtieth day of November
next following. The second installment of assessments shall
become delinquent at five o’clock in the afternoon on the
thirtieth day of November unless sooner paid and the same
interest shall attach thereto as provided in the case of the
delinquency of the entire assessment. [1927 c 254 § 214;
RRS § 7402-214. Formerly RCW 89.28.230.]
89.30.643 Installment payments—Assessment
book—Contents. Upon receiving the assessment roll for
any general improvement or divisional district authorized
herein, the county treasurer shall prepare therefrom an
assessment book in which shall be written the descriptions
of the land as they appear in the assessment roll, the name
of the owner or owners where known, and if assessed to
unknown owners then the word "unknown", and the total
assessment levied against each tract of land. Proper space
shall be provided in said book for the entry therein of all
subsequent proceedings relating to the payment and collection of said assessments. [1927 c 254 § 215; RRS § 7402215. Formerly RCW 89.28.240.]
land described in such request and all statements of general
taxes covering any land in such district shall be accompanied
by a statement showing the condition of district assessments
against such lands: PROVIDED, That the failure of the
county treasurer to render any statement herein required of
him, shall not render invalid any assessments made for any
general improvement or divisional district or proceeding had
for the enforcement and collection of such assessments
pursuant to this chapter. [1927 c 254 § 217; RRS § 7402217. Formerly RCW 89.28.260.]
89.30.652 Installment payments—County treasurers
to make monthly remittances to district treasurer. It
shall be the duty of the county treasurer of any county other
than the county in which the organization of the reclamation
district was effected to make monthly remittances to the
county treasurer of the county in which the organization of
the reclamation district was effected, covering all amounts
collected by him for any said general improvement or divisional district during the preceding month. [1927 c 254 §
218; RRS § 7402-218. Formerly RCW 89.22.430.]
89.30.655 Delinquency and sale in general improvement and divisional districts—List to be posted. On or
before the thirtieth day of June in each year each respective
county treasurer concerned shall post the delinquency list
which must contain the names of persons and the descriptions of the property delinquent and the amount of assessments, interest and costs opposite each name and the
description in all cases where payment of fifty percent or
more of the assessment against any tract of land has not
been made on or before the thirty-first day of May next preceding. Likewise on or before the fifteenth day of December in each year he must post the delinquency list of all
persons delinquent in the payment of the final installment of
the fifty percent of said assessments as in this chapter
provided. [1927 c 254 § 219; RRS § 7402-219. Formerly
RCW 89.28.400.]
89.30.646 Installment payments—Entry of payments—Receipt. Upon the payment of any said assessment,
the county treasurer shall enter the date of payment in said
assessment book opposite the description of the land and the
name of the person paying, and give a receipt to such person
specifying the amount of the assessment and the amount paid
with the description of the property assessed. [1927 c 254
§ 216; RRS § 7402-216. Formerly RCW 89.28.250.]
89.30.658 Delinquency and sale in general improvement and divisional districts—Notice of delinquency,
contents, posting. Said county treasurer must append to and
post with the delinquency list a notice that unless the assessment delinquent together with interest and costs are paid,
the real property upon which said assessments are a lien will
be sold at public auction. Said notice and delinquent list
shall be posted at least twenty days prior to the date of the
sale. One copy thereof shall be posted in the office of the
county treasurer making the collection, one copy in the
office of the board of directors, and one copy in each of
three public places in the portion of said general improvement or divisional district lying in said county. [1927 c 254
§ 220; RRS § 7402-220. Formerly RCW 89.28.410.]
89.30.649 Installment payments—Statement of
assessments levied to be furnished on request. It shall be
the duty of the county treasurer of the county in which any
land in the general improvement or divisional district is
located, to furnish upon request of the owner or any person
interested, a statement showing any and all assessments
levied as shown by the assessment roll in his office upon
89.30.661 Delinquency and sale in general improvement and divisional districts—Publication of list of
posted places and notice of sale. Concurrent as nearly as
possible with the day of the posting required in the preceding section, the said county treasurer shall publish a list of
the places where said notices are posted and in connection
therewith a notice that unless said delinquent assessments
[Title 89 RCW—page 42]
(2002 Ed.)
Reclamation Districts of One Million Acres
together with the interest and costs are paid, the real property upon which the said assessments are a lien will be sold
at public auction. [1927 c 254 § 221; RRS § 7402-221.
Formerly RCW 89.28.420.]
89.30.664 Delinquency and sale in general improvement and divisional districts—Publication of notices—
Contents—Time and place of sale. Such notice must be
published once a week for two successive weeks (three
issues) in a newspaper of general circulation published in the
county within which the land is located but said notice of
publication need not comprise the delinquent list where the
same is posted as herein provided. Both notices must
designate the time and place of sale. The time of sale must
not be less than thirty nor more than forty-five days from the
date of posting and from the date of the first publication of
the notice thereof and the place must be at some point designated in said notices by said treasurer. [1927 c 254 § 222;
RRS § 7402-222. Formerly RCW 89.28.430.]
89.30.667 Delinquency and sale in general improvement and divisional districts—Sale of land for delinquency. The treasurer of the county in which the land is situated
shall conduct the sale of all land situated therein and must
collect the assessments due as shown on the delinquency list
together with interest from the date of delinquency at the
rate of twelve percent per annum, and the costs of sale.
[1927 c 254 § 223; RRS § 7402-223. Formerly RCW
89.28.440.]
89.30.670 Delinquency and sale in general improvement and divisional districts—How conducted. On the
day fixed for the sale or on some subsequent day to which
the treasurer may have postponed it, of which postponement
he must give notice at the time of making such postponement, and between the hours of ten o’clock a.m. and three
o’clock p.m., the county treasurer making the sale must
commence the same beginning at the head of the list and
continuing alphabetically or in numerical order of the parcels, lots and blocks until completed. [1927 c 254 § 224;
RRS § 7402-224. Formerly RCW 89.28.460.]
89.30.673 Delinquency and sale in general improvement and divisional districts—Postponement of sale. The
county treasurer may postpone the date of commencing the
sale or may postpone the sale from day to day by making
oral notice thereof at the time of the postponement, but the
sale must be completed within three weeks from the first day
fixed. [1927 c 254 § 225; RRS § 7402-225. Formerly
RCW 89.28.450.]
89.30.676 Delinquency and sale in general improvement and divisional districts—Designation of portion to
be sold—Sale by parts. The owner or person in possession
of any real estate offered for sale for assessments thereon
may designate in writing to the county treasurer by whom
the sale is to be made and prior to the sale, what portion of
the property he wishes sold, if less than the whole, but if the
owner or possessor does not, then the treasurer may designate it and the person who will take the least quantity of the
land or in case an undivided interest is assessed then the
(2002 Ed.)
89.30.661
smallest portion of the interest, and pay the assessment,
interest and cost due including one dollar to the treasurer for
a duplicate of the certificate of sale, is the purchaser. The
treasurer shall account to the district for said one dollar.
[1927 c 254 § 226; RRS § 7402-226. Formerly RCW
89.28.470.]
89.30.679 Delinquency and sale in general improvement and divisional districts—Resale upon purchaser’s
default. If the purchaser does not pay the assessment,
interest and costs before ten o’clock a.m. the day following
the sale, the property must be resold on the next day for the
assessment, interest and costs. [1927 c 254 § 227; RRS §
7402-227. Formerly RCW 89.28.480.]
89.30.682 Delinquency and sale in general improvement and divisional districts—Reclamation district as
purchaser. In case there is no purchaser in good faith for
the property on the first day that the property is offered for
sale and if there is no purchaser in good faith when the
property is offered thereafter for sale, the whole amount of
the property assessed shall be struck off to the reclamation
district as the purchaser, and the duplicate certificate shall be
held with the original in the office of the county treasurer.
[1927 c 254 § 228; RRS § 7402-228. Formerly RCW
89.28.490.]
89.30.685 Delinquency and sale in general improvement and divisional districts—Entry of sale when district
is purchaser—Credit. In case the district is the purchaser,
the treasurer shall make an entry "sold to the district", and
he shall receive proper credit for the amount of the sale in
his settlement with the district. [1927 c 254 § 229; RRS §
7402-229. Formerly RCW 89.28.500.]
89.30.688 Delinquency and sale in general improvement and divisional districts—Rights of district as
purchaser. A reclamation district as purchaser at said sale
shall be entitled to the same rights as a private purchaser and
may assign or transfer the certificate of sale upon the
payment of the amount which would be due as redemption
were it made by the owner. Such transfer shall be made by
the president and secretary of the district on the duplicate
certificate which shall be delivered by the county treasurer
to the assignee. The assignee shall be required to pay a fee
of one dollar for such duplicate certificate. [1927 c 254 §
230; RRS § 7402-230. Formerly RCW 89.28.510.]
89.30.691 Delinquency and sale in general improvement and divisional districts—Deed to district in absence
of redemption—Conveyance. If no redemption is made of
land for which a reclamation district holds a certificate of
purchase, the district will be entitled to receive a treasurer’s
deed therefor in the same manner as a private person would
be entitled thereto, and may convey the title so acquired by
deed executed by the president and secretary of the board.
[1927 c 254 § 231; RRS § 7402-231. Formerly RCW
89.28.820, part.]
[Title 89 RCW—page 43]
89.30.694
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
89.30.694 Delinquency and sale in general improvement and divisional districts—Resolution to convey
property acquired by district—Price. Authority to convey
any property thus acquired must be conferred by resolution
of the board entered on its minutes fixing the price at which
such sale may be made. [1927 c 254 § 232; RRS § 7402232. Formerly RCW 89.28.820, part.]
89.30.697 Delinquency and sale in general improvement and divisional districts—Lease of property acquired
by district. In the event that the district board shall determine that the best interests of the district will be conserved
by the leasing of any property acquired for delinquent
assessments, it shall have authority to lease the same for a
period not exceeding five years on such terms and conditions
as the board may require. [1927 c 254 § 233; RRS § 7402233. Formerly RCW 89.28.830.]
89.30.700 Delinquency and sale in general improvement and divisional districts—Disposition of proceeds of
sale or lease by district. All moneys received by the
reclamation district for transfers of certificates of sale, or
through sale or lease of property acquired on account of
sales for delinquent assessments, shall be paid to the county
treasurer of the county in which the lands involved are situated and by him credited to the funds for which the assessments were levied in proportion to the right of each fund
respectively. [1927 c 254 § 234; RRS § 7402-234. Formerly RCW 89.28.840.]
89.30.703 Delinquency and sale in general improvement and divisional districts—Reconveyance to person
entitled to redemption, when. When lands have been
deeded by the county treasurer to the reclamation district on
account of delinquent assessments, if title shall remain
vested in the district and if in the judgment of the board of
directors said sale for delinquent assessments shall have resulted from unavoidable accident, inadvertency or misfortune
and without intent of the owner or persons entitled to make
redemption, to permit said assessments to become delinquent
and the land to be sold, the board of directors may, pursuant
to an order entered upon the minutes of the board, cause said
land to be reconveyed to the owner or person entitled to
redemption within the period of one year after deed is
issued, upon the payment by said owner or person who
would have been entitled to make redemption before
issuance of deed, of the total amount of assessments, interest
and costs, subsequent assessments and an additional penalty
of twenty-five percent of the amount for which the land was
sold: PROVIDED, That nothing herein contained shall be
construed to prevent the district from selling or leasing
property acquired at sales for delinquent assessments
immediately after the deed has been delivered to the district.
[1927 c 254 § 235; RRS § 7402-235. Formerly RCW
89.28.850.]
89.30.706 Delinquency and sale in general improvement and divisional districts—Certificate of sale in
duplicate, contents. After receiving the amount of assessments, interest and costs, the county treasurer must make out
in duplicate a certificate dated on the day of the sale stating
[Title 89 RCW—page 44]
(when known) the names of the persons assessed, a description of the land sold, the amount paid therefor, that it was
sold for assessments giving the amount and year of assessment, and specifying the time when the purchaser shall
be entitled to a deed. [1927 c 254 § 236; RRS § 7402-236.
Formerly RCW 89.28.520.]
89.30.709 Delinquency and sale in general improvement and divisional districts—Certificate of sale—Form,
filing, delivery. The certificate of sale must be signed by
the treasurer making the sale and filed in his office. A
duplicate of said certificate shall be delivered to any purchaser, other than the district. [1927 c 254 § 237; RRS §
7402-237. Formerly RCW 89.28.530.]
89.30.712 Delinquency and sale in general improvement and divisional districts—Certificate of sale may
include several tracts. In case of a sale to a person or a
district of more than one parcel or tract of land, the several
parcels or tracts may be included in one certificate. [1927
c 254 § 238; RRS § 7402-238. Formerly RCW 89.28.540.]
89.30.715 Delinquency and sale in general improvement and divisional districts—Entry of sale in assessment
book, inspection—Filing certificate. The county treasurer
before delivering any copy of a certificate of sale, must file
the same and enter in the assessment book opposite the description of the land sold the date of sale, the purchaser’s
name and the amount paid therefor, and must regularly
number the descriptions on the margin of the assessment
book and put a corresponding number on each certificate.
Such book must be open to public inspection without fee
during office hours when not in actual use. [1927 c 254 §
239; RRS § 7402-239. Formerly RCW 89.28.550.]
89.30.718 Delinquency and sale in general improvement and divisional districts—Lien of assessment vested
in purchaser—When divested. On filing the certificate of
sale as provided herein, the lien of the assessment vests in
the purchaser and is only divested by the payment to the
county treasurer making the sale of the purchase money, the
costs of the certificate, and interest thereon at twelve percent
per annum from the date of sale until redemption for the use
of the purchaser. [1927 c 254 § 240; RRS § 7402-240.
Formerly RCW 89.28.560.]
89.30.721 Delinquency and sale in general improvement and divisional districts—Redemption of property
sold. A redemption of the property sold may be made by
the owner or any person on behalf and in the name of the
owner or by any party in interest within one year from the
date of purchase by paying the amount of the purchase price,
cost of certificate and interest and the amount of any
assessments which any such purchaser may have paid
thereon after purchase by him together with like interest on
such amount, and if the reclamation district is the purchaser,
the redemptioner shall pay in addition to the purchase price
and interest, the amount of any assessments levied against
said land during the period of redemption and which are at
that time delinquent. [1927 c 254 § 241; RRS § 7402-241.
Formerly RCW 89.28.700.]
(2002 Ed.)
Reclamation Districts of One Million Acres
89.30.724 Delinquency and sale in general improvement and divisional districts—Redemption in coin to
treasurer—To whom credited. Redemption must be made
in gold or silver coin, as provided for the collection of state
and county taxes, and the county treasurer must credit the
amount paid to the person named in the certificate or his
assignee and pay it on demand to such person or his assignee. No redemption shall be made except to the county
treasurer of the county in which the land is situated. [1927
c 254 § 242; RRS § 7402-242. Formerly RCW 89.28.710.]
89.30.727 Delinquency and sale in general improvement and divisional districts—Entry of redemption in
book and on certificate. Upon completion of redemption,
the county treasurer to whom redemption has been made,
shall enter the word "redeemed", the date of redemption and
by whom redeemed on the certificate and on the margin of
the assessment book where the entry of the certificate is
made. [1927 c 254 § 243; RRS § 7402-243. Formerly
RCW 89.28.720.]
89.30.730 Delinquency and sale in general improvement and divisional districts—Deed in absence of redemption, contents. If the property is not redeemed within
one year from the date of sale, the county treasurer of the
county in which the land sold is situated, must make to the
purchaser or his assignee a deed of the property reciting in
the deed substantially the matters contained in the certificate
and that no person redeemed the property during the time
allowed by law for its redemption. [1927 c 254 § 244; RRS
§ 7402-244. Formerly RCW 89.28.730.]
89.30.733 Delinquency and sale in general improvement and divisional districts—Fee for deed—Several
parcels may be included in one deed. The treasurer shall
receive from the purchaser for the use of the district one
dollar for making such deed. When any person or district
holds a duplicate certificate covering more than one tract of
land, the several parcels or tracts of land mentioned in the
certificate may be included in one deed. [1927 c 254 § 245;
RRS § 7402-245. Formerly RCW 89.28.740.]
89.30.736 Delinquency and sale in general improvement and divisional districts—Recitals in deed—
Evidentiary effect. The matter recited in the certificate of
sale must be recited in the deed and such deed duly acknowledged or proved is prima facie evidence that:
(1) The property was assessed as required by law.
(2) The property was equalized as required by law.
(3) The assessments were levied in accordance with law.
(4) The assessments were not paid.
(5) At a proper time and place the property was sold as
prescribed by law, and by the proper officers.
(6) The person who executed the deed was the proper
officer. [1927 c 254 § 246; RRS § 7402-246. Formerly
RCW 89.28.750.]
89.30.739 Delinquency and sale in general improvement and divisional districts—Deed conclusive, exception.
Such deed duly acknowledged or proved is (except as
against actual fraud) conclusive evidence of the regularity of
(2002 Ed.)
89.30.724
all the proceedings from the assessment by the secretary
inclusive up to the execution of the deed. [1927 c 254 §
247; RRS § 7402-247. Formerly RCW 89.28.760.]
89.30.742 Delinquency and sale in general improvement and divisional districts—Title conveyed by deed.
The deed conveys to the grantee the absolute title to the
lands described therein free from all encumbrances except
when the land is owned by the United States or the state of
Washington in which case it is prima facie evidence of the
right of possession. [1927 c 254 § 248; RRS § 7402-248.
Formerly RCW 89.28.770.]
89.30.745 Delinquency and sale in general improvement and divisional districts—Probative force of assessment book and delinquency list. The assessment book or
delinquency list, or a copy thereof, certified by the secretary
showing unpaid assessments against any person or property
is prima facie evidence of the assessment of the property, the
delinquency, the amount of the assessments due and unpaid
and that all the forms of law in relation to the assessment
and levy of such assessment have been complied with.
[1927 c 254 § 249; RRS § 7402-249. Formerly RCW
89.28.570.]
89.30.748 Delinquency and sale in general improvement and divisional districts—Sale not avoided by
misnomer or mistake as to ownership. When land is sold
for assessments correctly imposed as the property of a
particular person no misnomer of the owner or supposed
owner or other mistake relating to the ownership thereof
affects the sale or renders it void or voidable. [1927 c 254
§ 250; RRS § 7402-250. Formerly RCW 89.28.780.]
89.30.751 Foreclosure of lien for general taxes—
Payment in full or sale subject to assessments due. The
holder of any certificate of delinquency for general taxes
may, before commencing any action to foreclose the lien of
such certificate, pay in full all general improvement or
divisional district assessments due and outstanding against
the whole or any portion of the property included in such
certificate of delinquency, and the amount of all assessments
so paid together with interest at the rate of twelve percent
per annum reckoned from the date of delinquency of said
assessments shall be included in the amount for which
foreclosure may be had or if said certificate holder elects to
foreclose such certificate without paying such assessments,
the purchaser at such foreclosure sale shall acquire title to
such property subject to all such district assessments. [1927
c 254 § 251; RRS § 7402-251. Formerly RCW 89.28.790.]
89.30.754 Liability of county for assessments after
sale to county for general taxes. Property within a general
improvement or divisional district authorized under the
provisions of this chapter, acquired by a county pursuant to
a foreclosure and sale for general taxes, shall, nevertheless,
be liable for all assessments levied by the district subsequent
to the date of the sale for delinquent general taxes to the
county, which assessments the board of county commissioners may at its option pay from the current expense fund of
the county or execute and deliver to the district a deed from
[Title 89 RCW—page 45]
89.30.754
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
the county to the district in lieu of the payment of said
assessments. [1927 c 254 § 252; RRS § 7402-252. Formerly RCW 89.28.800.]
89.30.757 Sale of county lands for delinquent
assessments. The county treasurer shall have authority to
sell lands, owned by the county, for delinquent assessments
levied against the same subsequent to the acquisition of said
property by the county in the same manner and with the
same force and effect as though said property were owned
by a private individual. [1927 c 254 § 253; RRS § 7402253. Formerly RCW 89.28.810.]
89.30.760 Special assessments by general improvement or divisional district—Authorization by electors.
Special assessments may be voted by the electors of any
general improvement district or divisional district within the
reclamation district for any of the purposes for which bonds
of the district as herein authorized may be issued. [1927 c
254 § 254; RRS § 7402-254. Formerly RCW 89.28.010.]
89.30.763 Special assessments by general improvement or divisional district—Levy and collection. In the
event that special assessments are voted by the electors of
the district, levy for the same against the lands within such
district shall be made on the completion and equalization of
the assessment roll each year, which special assessment roll
shall be prepared, equalized, the levy made and assessments
collected at the same time and in the same manner and by
the same officers that the assessment roll is prepared, equalized and assessments collected for the payment of bonds and
the district board and other officers shall have the same
powers and functions for the purposes of said voted special
assessment as possessed by them in case of levy of assessments to pay bonds of the district. [1927 c 254 § 255; RRS
§ 7402-255. Formerly RCW 89.28.060.]
89.30.766 Special assessments by general improvement or divisional district—Proposition to be submitted
to electors. When it is desired to levy special assessments
for any of the purposes for which bonds of the district may
be issued, the proposition to levy such special assessments
shall be submitted to the electors of the general improvement
district or divisional district as the case may be, at an
election called for that purpose. [1927 c 254 § 256; RRS §
7402-256. Formerly RCW 89.28.020.]
89.30.769 Special assessments by general improvement or divisional district—Election, how called, conducted, etc. Such election shall be called, provided for,
notice thereof given, shall be conducted, and the results
thereof canvassed by the same officers in the same manner
and with the same force and effect as provided herein for
bond elections in such districts. [1927 c 254 § 257; RRS §
7402-257. Formerly RCW 89.28.030.]
89.30.772 Special assessments by general improvement or divisional district—Notice of election—Ballots.
The notice of election must specify the amount of money
proposed to be raised and the purpose for which it is
[Title 89 RCW—page 46]
intended to be used and the number of installments in which
it is to be paid. The ballot at such election shall contain the
words "Assessment—Yes" and "Assessment—No". [1927 c
254 § 258; RRS § 7402-258. Formerly RCW 89.28.040.]
89.30.775 Special assessments by general improvement or divisional district—Indebtedness authorized. If
the majority of the votes cast at such election are "Assessment—Yes", the board may immediately or at intervals
thereafter incur indebtedness to the amount of said special
assessment for any of the purposes for which the proceeds
of said assessment may be used. [1927 c 254 § 259; RRS
§ 7402-259. Formerly RCW 89.28.050.]
89.30.778 Special assessments by general improvement or divisional district—Notes—Terms. Said board in
such event may provide for the payment of said indebtedness
by the issue and sale of notes of the district to an amount
equal to said authorized indebtedness which notes shall be
payable in such equal installments, not exceeding three in
number, as the board shall direct. Such notes may be in any
form, including bearer notes or registered notes as provided
in RCW 39.46.030. Such notes may be issued and sold in
accordance with chapter 39.46 RCW. [1983 c 167 § 262;
1927 c 254 § 260; RRS § 7402-260. Formerly RCW
89.28.070, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.781 Special assessments by general improvement or divisional district—Notes payable exclusively by
assessments. Said notes shall be payable exclusively by
assessments levied at the time of the regular annual levy
each year thereafter until fully paid. All the lands within the
general improvement district or divisional district as the case
may be, shall be and remain liable to an annual assessment
for the payment of said notes with interest until fully paid.
[1983 c 167 § 263; 1927 c 254 § 261; RRS § 7402-261.
Formerly RCW 89.28.080.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.784 Special assessments by general improvement or divisional district—Interest on notes. (1) Notes
issued under the provisions of this chapter shall bear interest
at a rate or rates authorized by the district board, payable
semiannually.
(2) Notwithstanding subsection (1) of this section, such
notes may be issued in accordance with chapter 39.46 RCW.
[1983 c 167 § 264; 1927 c 254 § 262; RRS § 7402-262.
Formerly RCW 89.28.070, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
89.30.787 Tolls for electricity and water—
Collection, deposit. The district board shall have authority
to fix and charge tolls for the sale or lease and/or distribution of electric power or water, as herein provided, and to
collect said tolls from all persons using such service. All
tolls shall be collected by such officer as the board shall
designate and shall be deposited monthly with the county
(2002 Ed.)
Reclamation Districts of One Million Acres
89.30.787
treasurer of the county in which the organization of the reclamation district was effected, and shall be credited to such
fund of the district as the district board shall designate.
[1933 c 149 § 18; 1927 c 254 § 263; RRS § 7402-263.
Formerly RCW 89.26.040.]
89.30.808 Jurisdiction of courts—Demurrer or
answer to petition. Any person interested in the proceedings sought to be judicially examined may demur to or
answer said petition. [1927 c 254 § 270; RRS § 7402-270.
Formerly RCW 89.24.750.]
89.30.790 Tolls for electricity and water—Toll
collector’s bond. Any officer of the district collecting tolls
as herein provided, shall be required to give a surety bond
in double the probable amount of monthly collections conditioned that he will faithfully account to the reclamation
district for all tolls collected under the provisions of this
chapter. [1927 c 254 § 264; RRS § 7402-264. Formerly
RCW 89.26.050.]
89.30.811 Jurisdiction of courts—Rules which
govern. The rules of pleading, practice and appeal provided
by the statutes of this state which are not inconsistent with
any of the provisions herein, are applicable to and shall
govern the special proceedings for the judicial examination
and determination of any of the district proceedings aforesaid. [1927 c 254 § 271; RRS § 7402-271. Formerly RCW
89.24.740.]
89.30.793 Jurisdiction of courts. At the instance of
the board of directors of any reclamation district created
under this chapter, the superior court of the state of Washington shall have original jurisdiction to judicially examine,
approve and confirm any or all proceedings pertaining to the
organization of the reclamation district or of any general
improvement or divisional district therein, and any or all
proceedings had or contemplated in the exercise of any of
the functions or powers of any of such districts. [1927 c
254 § 265; RRS § 7402-265. Formerly RCW 89.24.700.]
89.30.814 Jurisdiction of courts—Motion and order
for new trial. A motion for a new trial must be made upon
the minutes of the court. The order granting a new trial
must specify the issues to be reexamined on such new trial
and the findings of the court upon the other issues shall not
be affected by such order granting a new trial. [1927 c 254
§ 272; RRS § 7402-272. Formerly RCW 89.24.780.]
89.30.796 Jurisdiction of courts—Petition for
judicial determination. For the purpose of securing such
judicial determination, the board of directors of the reclamation district shall file in the superior court of the county
in which the lands of said district or some portion thereof
are situated, a petition praying in effect that the proceedings
aforesaid be examined, approved and confirmed by the court.
[1927 c 254 § 266; RRS § 7402-266. Formerly RCW
89.24.710, part.]
89.30.799 Jurisdiction of courts—Contents of
petition. The petition shall state the facts generally showing
the proceedings which are sought to be judicially examined.
[1927 c 254 § 267; RRS § 7402-267. Formerly RCW
89.24.710, part.]
89.30.802 Jurisdiction of courts—Notice of hearing
of petition. The court shall fix a time for the hearing of
said petition and shall order the clerk of the court to give
and publish a notice of the filing of said petition. The notice
shall mention the time and place fixed for the hearing of the
petition and the prayer of the petition, and shall state that
any person interested in said proceedings may on or before
the day fixed for the hearing of said petition demur to or
answer the same. [1927 c 254 § 268; RRS § 7402-268.
Formerly RCW 89.24.720.]
89.30.805 Jurisdiction of courts—Notice, how given
and published. The notice shall be given and published in
the same manner and for the same length of time as that
required herein for the notice of hearing on the petition to
organize a reclamation district. [1927 c 254 § 269; RRS §
7402-269. Formerly RCW 89.24.730.]
(2002 Ed.)
89.30.817 Jurisdiction of courts—Action in rem—
Power of court. Said action shall be one in rem against all
persons claiming any right or interest in the proceedings
concerned and upon the hearing of such special proceedings
the court shall have full power and jurisdiction to examine
and determine the legality and validity of and to approve and
confirm each and all of the proceedings mentioned in the
petition seeking judicial determination and all other proceedings which may affect the proceedings in question. [1927 c
254 § 273; RRS § 7402-273. Formerly RCW 89.24.760.]
89.30.820 Jurisdiction of courts—Errors disregarded—Approval in whole or part. The court in inquiring
into the regularity, legality and correctness of said proceedings, must disregard any error, determination or omission
which does not affect the substantial rights of the parties to
said special proceedings and it may approve and confirm
such proceedings in part and disapprove and declare illegal
or invalid other and subsequent parts of the proceedings.
[1927 c 254 § 274; RRS § 7402-274. Formerly RCW
89.24.770.]
89.30.823 Jurisdiction of courts—Conclusiveness of
judgment. The judgment rendered in such action unless
appealed from within the time prescribed herein and upon
final judgment upon appeal, shall be conclusive as to all
matters determined by the court in said action against every
person including those under disability as well as those free
from disability. [1927 c 254 § 275; RRS § 7402-275.
Formerly RCW 89.24.800.]
89.30.826 Jurisdiction of courts—Costs. The cost of
the special judicial proceedings authorized herein may be
allowed and apportioned between all of the parties in the
discretion of the court. [1927 c 254 § 276; RRS § 7402276. Formerly RCW 89.24.810.]
[Title 89 RCW—page 47]
89.30.829
Title 89 RCW: Reclamation, Soil Conservation, and Land Settlement
89.30.829 Jurisdiction of courts—Time for appeal.
An appeal from an order granting or refusing a new trial or
from the judgment in said action must be taken by the
parties aggrieved within thirty days after the entry of said
order or said judgment. [1927 c 254 § 277; RRS § 7402277. Formerly RCW 89.24.790.]
89.30.832 Liberal construction. The provisions of
this chapter and all proceedings thereunder shall be liberally
construed with a view to effect their objects. [1927 c 254 §
278; RRS § 7402-278.]
89.30.835 Severability—1927 c 254. If any section
or provision of this chapter shall be adjudged to be invalid
or unconstitutional, such adjudication shall not affect the
validity of the chapter as a whole or any section, provision
or part thereof not adjudged to be invalid or unconstitutional.
[1927 c 254 § 279; RRS § 7402-279.]
[Title 89 RCW—page 48]
(2002 Ed.)
Title 90
WATER RIGHTS—ENVIRONMENT
Chapters
90.03
Water code.
90.08
Stream patrolmen.
90.14
Water rights—Registration—Waiver and
relinquishment, etc.
90.16
Appropriation of water for public and industrial purposes.
90.22
Minimum water flows and levels.
90.24
Regulation of outflow of lakes.
90.28
Miscellaneous rights and duties.
90.36
Artesian wells.
90.38
Yakima river basin water rights.
90.40
Water rights of United States.
90.42
Water resource management.
90.44
Regulation of public ground waters.
90.46
Reclaimed water use.
90.48
Water pollution control.
90.50
Water pollution control facilities—Bonds.
90.50A Water pollution control facilities—Federal
capitalization grants.
90.52
Pollution disclosure act of 1971.
90.54
Water resources act of 1971.
90.56
Oil and hazardous substance spill prevention
and response.
90.58
Shoreline management act of 1971.
90.64
Dairy nutrient management.
90.66
Family farm water act.
90.71
Puget Sound water quality protection.
90.72
Shellfish protection districts.
90.74
Aquatic resources mitigation.
90.76
Underground storage tanks.
90.78
Highway-related storm water management.
90.80
Water conservancy boards.
90.82
Watershed planning.
90.84
Wetlands mitigation banking.
Actionable nuisances defined—Closing of channel stream: RCW 7.48.010.
Annexation of water, sewer, and fire districts (to city or town): RCW
35.02.200, chapter 35.13A RCW.
Aquatic lands: Chapters 79.90 through 79.96 RCW.
Aquifer protection areas: Chapter 36.36 RCW.
Authority to construct viaducts, bridges, drawbridges (first class cities):
Chapter 35.85 RCW.
Board of natural resources—Powers and duties (commission on harbor
lines): RCW 43.30.150.
Bridges across and obstructions in navigable waters: Chapter 88.28 RCW.
Canal commission: Chapter 47.72 RCW.
Cities and towns
auxiliary water systems for protection from fire: RCW 35.21.030.
dikes, levees, embankments, authority to construct: RCW 35.21.090.
first class cities
specific powers enumerated: RCW 35.22.280.
utilities, collective bargaining with employees (waterworks system):
RCW 35.22.350.
wharves, city may let wharves or privileges thereon: RCW
35.22.410.
(2002 Ed.)
jurisdiction over adjacent waters: RCW 35.21.160.
sewerage, drainage and water supply: RCW 35.21.210.
streets and alleys over first class tidelands, control of: RCW 35.21.250.
streets over tidelands, control of: RCW 35.21.240.
swimming pools, power to acquire: RCW 35.21.020.
utility services, lien for (water works): RCW 35.21.290 through
35.21.300.
City in adjoining state may condemn watershed property: RCW 8.28.050.
Dams, height on tributaries of Columbia River: Chapter 77.55 RCW.
Department of natural resources, to locate line between tide and shore land
in tidal rivers: RCW 79.94.330.
Deschutes Basin, project embraces: RCW 79.24.160.
Diking, drainage and sewerage improvement districts: Chapters 85.08
through 85.16 RCW.
Diking and drainage districts: Chapters 85.05 through 85.24 RCW.
Director of fish and wildlife, may modify inadequate fishways and fish
guards: RCW 77.55.070, 77.55.310.
Easements over public lands, waterway rights: Chapters 79.01, 79.36
RCW.
Ferries
county-owned—Ferry districts: Chapter 36.54 RCW.
privately owned (licensed by county): Chapter 36.53 RCW.
Fisheries code: Title 77 RCW.
Flood control districts: Chapter 86.09 RCW.
Food fish, shellfish
compacts: Chapter 77.75 RCW.
construction projects in state waters: Chapter 77.55 RCW.
taxes: Chapter 82.27 RCW.
unlawful acts: Chapter 77.50 RCW.
Franchises on roads and bridges (by counties): Chapter 36.55 RCW.
Furnishing impure water, penalty: RCW 70.54.020.
Game and game fish, unlawful acts: Chapter 77.50 RCW.
Geological survey (objects as to water supplies, etc.): RCW 43.92.020.
Harbor improvements: Chapter 53.20 RCW.
Harbor line commission: RCW 79.90.070 and 79.92.010.
Highway commission (bridges): Chapter 47.01 RCW.
Irrigation: Title 87 RCW.
Irrigation districts
limits of levy until water is received: RCW 87.04.090.
right to cross other property: RCW 87.03.455.
Joint canal construction (by counties): RCW 36.64.060.
Jurisdiction in special cases
additional right-of-way: RCW 37.08.250.
Lake Washington ship canal: RCW 37.08.240.
Lease or conveyance (by county) to United States for flood control,
navigation and allied purposes: RCW 36.34.220 through 36.34.240.
Limitation on municipal indebtedness, exception for water supply: State
Constitution Art. 8 § 6 (Amendment 27).
Local improvements (cities and towns)
filling and draining of lowlands—waterways: Chapter 35.56 RCW.
filling lowlands: Chapter 35.55 RCW.
harbor area leaseholds—assessment: RCW 35.44.150.
leases on tidelands—assessment: RCW 35.44.160.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Master plan of development (including flood control): RCW 43.21A.350.
Material removed for channel or harbor improvement or flood control—Use
for public purpose: RCW 79.90.150.
[Title 90 RCW—page 1]
Title 90
Title 90 RCW: Water Rights—Environment
Merger of minor irrigation district into major irrigation district—Existing
water rights not impaired: RCW 87.03.857.
Municipal utilities
acquisition of out-of-state waterworks: RCW 35.92.014 through
35.92.015.
acquisition of water rights: RCW 35.92.220.
authority to acquire and operate waterworks: RCW 35.92.010.
cannot condemn irrigation system: RCW 35.92.190.
city may extend water system outside limits: RCW 35.92.170.
may acquire property outside city: RCW 35.92.180.
Navigation and harbor improvements: Title 88 RCW.
Nuisance defined (as to water rights): RCW 7.48.120.
Nuisance (deposit of unwholesome substance into any lake, creek or river):
RCW 9.66.050.
Operating agencies (power commission)—Policy declaration as to water
resources: Chapter 43.52 RCW.
Parks, bathing beaches, public camps: Chapter 67.20 RCW.
Penalties imposed by parks and recreation commission: RCW 79A.05.165.
Planning commissions (cities and towns)—Restrictions on buildings—Use
of land: RCW 35.63.080.
Pollution of drinking water supply—Penalty: RCW 70.54.010.
Pollution of watershed of city outside state—Penalty: RCW 70.54.030.
Port districts: Title 53 RCW.
Private ditches and drains: Chapter 85.28 RCW.
Private way of necessity defined—Maintaining drain, flume or ditch: RCW
8.24.010.
Prohibited parking places (upon any bridge): RCW 46.61.570.
Public lands: Title 79 RCW.
Public nuisance (tend to obstruct, or render dangerous for passage, a lake,
navigable river, bay, stream, canal or basin): RCW 9.66.010.
Public nuisances enumerated: RCW 7.48.140.
Public utilities and transportation commission: Chapter 80.01 RCW.
Public utilities—Gas, electrical and water companies: Chapter 80.28 RCW.
Public utility districts—Powers: Chapter 54.16 RCW.
Public waterways: Chapter 91.08 RCW.
Public works: Chapters 39.04 through 39.28 RCW.
Puget Sound ferry and toll bridge system: Chapter 47.60 RCW.
Railroads
bridges over navigable streams: RCW 81.36.100.
lines across or along watercourses: RCW 81.36.040.
may construct and operate canals and ditches: RCW 81.36.130.
structures across state waterways: RCW 81.36.100.
Reclamation and irrigation in United States reclamation areas: Chapter
89.12 RCW.
Reclamation districts of one million acres
general improvement and divisional districts: Chapter 89.30 RCW.
limitation on water appropriation: RCW 89.30.001, 89.30.007.
powers: Chapter 89.30 RCW.
purposes: RCW 89.30.007.
right to cross streams, highways, etc.: RCW 89.30.214.
tolls for electricity and water: RCW 89.30.787.
Regulation of watercourses (counties): RCW 36.32.280.
Relocation of inner harbor line: RCW 79.92.020.
Removal of obstructions (from watercourses, by counties): RCW 36.32.290.
Restrictions on sale of certain water rights by state: State Constitution Art.
15 § 1 (Amendment 15).
Roads and bridges (county): Chapters 36.75 through 36.87 RCW.
Sales and leases of public lands and materials—Water right as improvement: RCW 79.01.284.
Second class cities
acquisition of property for municipal purposes (waterfront leases, etc.):
RCW 35.23.452.
specific powers enumerated: RCW 35.23.440.
utilities (supply city with water): RCW 35.23.515 through 35.23.535.
waterworks: RCW 35.23.560 through 35.23.580.
[Title 90 RCW—page 2]
Sewerage systems (cities and towns)—Waterworks: RCW 35.67.331
through 35.67.340.
Shellfish: Chapter 77.60 RCW.
Small boat facilities for Puget Sound authorized: RCW 79A.05.185.
Soil conservation (conservation of water): Chapter 89.08 RCW.
Soil conservation—Water rights preserved: RCW 89.08.390.
Speed in traversing bridge, tunnels, etc.: RCW 46.61.450.
State board of health—Powers and duties (investigation of water supply):
RCW 43.20.050.
Street grades—Sanitary fills (cities and towns): Chapter 35.73 RCW.
Streets—Drawbridges (cities and towns): Chapter 35.74 RCW.
Tidelands, shorelands, and harbor areas: Chapters 79.92, 79.94 RCW.
Towns, specific powers enumerated: RCW 35.27.370.
Transfer of territory where city’s harbor lies in two counties: Chapter
36.08 RCW.
Trees may be removed from river banks (by counties): RCW 36.32.300.
Unclassified cities, additional indebtedness for municipal utilities (water
supply): RCW 35.30.060.
Use of waters for irrigation, mining, manufacturing, deemed public use:
State Constitution Art. 21.
Washington utilities and transportation commission: Chapter 80.01 RCW.
Water
pollution—Protection from (cities and towns): Chapter 35.88 RCW.
redemption bonds (cities and towns): Chapter 35.89 RCW.
Water-sewer districts
generally: Title 57 RCW.
powers: Chapter 57.08 RCW.
Watercraft adrift: Chapter 79A.60 RCW.
Wharves and landings: Chapter 88.24 RCW.
Chapter 90.03
WATER CODE
Sections
90.03.005
90.03.010
90.03.015
90.03.020
90.03.030
90.03.040
90.03.050
90.03.060
90.03.070
90.03.090
90.03.100
90.03.105
90.03.110
90.03.120
90.03.130
90.03.140
90.03.150
90.03.160
90.03.170
90.03.180
90.03.190
90.03.200
State water policy—Cooperation with other agencies—
Reduction of wasteful practices.
Appropriation of water rights—Existing rights preserved.
Definitions.
Units of water measurement.
Right to convey water along lake or stream—Conveyance to
intake structure in neighboring state.
Eminent domain—Use of water declared public use.
Powers and duties of director of conservation through the
division of water resources.
Water masters—Appointment, compensation.
Water masters—Duties—Office space and equipment—
Clerical assistance.
Water master’s power of arrest.
Prosecuting attorney, legal assistant.
Petition by planning units for general adjudication.
Determination of water rights—Petition—Statement and
plan.
Determination of water rights—Order—Summons—
Necessary parties.
Determination of water rights—Service of summons.
Determination of water rights—Statement by defendants.
Determination of water rights—Guardian ad litem for defendant.
Determination of water rights—Referral to department.
Determination of water rights—Hearing—Notice—Prior
rights preserved.
Determination of water rights—Statement by defendants—
Filing fee.
Determination of water rights—Transcript of testimony—
Filing—Notice of hearing.
Determination of water rights—Exceptions to report—
Decree—Appellate review.
(2002 Ed.)
Water Code
90.03.210
90.03.220
90.03.230
90.03.240
90.03.243
90.03.245
90.03.247
90.03.250
90.03.252
90.03.255
90.03.260
90.03.265
90.03.270
90.03.280
90.03.290
90.03.300
90.03.310
90.03.320
90.03.330
90.03.340
90.03.345
90.03.350
90.03.360
90.03.370
90.03.380
90.03.383
90.03.386
90.03.390
90.03.395
90.03.397
90.03.400
90.03.410
90.03.420
90.03.430
90.03.440
90.03.450
90.03.460
90.03.470
90.03.471
90.03.500
90.03.510
90.03.520
90.03.525
90.03.540
(2002 Ed.)
Determination of water rights—Interim regulation of water—Appeals.
Determination of water rights—Failure to appear—Estoppel.
Determination of water rights—Copy of decree to director.
Determination of water rights—Diversion certificate.
Determination of water rights—State to bear its expenses,
when.
Determination of water rights—Scope.
Minimum flows and levels—Departmental authority exclusive—Other recommendations considered.
Appropriation procedure—Application for permit—
Temporary permit.
Use of reclaimed water by wastewater treatment facility—
Permit requirements inapplicable.
Applications for water right, transfer, or change—
Consideration of water impoundment or other resource
management technique.
Appropriation procedure—Application—Contents.
Appropriation procedure—Cost-reimbursement agreement
for expedited review of application.
Appropriation procedure—Record of application.
Appropriation procedure—Notice.
Appropriation procedure—Department to investigate—
Preliminary permit—Findings and action on application.
Appropriation procedure—Diversion of water for out-of-state
use—Reciprocity.
Appropriation procedure—Assignability of permit or application.
Appropriation procedure—Construction work.
Appropriation procedure—Water right certificate.
Appropriation procedure—Effective date of water right.
Establishment of reservations of water for certain purposes
and minimum flows or levels as constituting appropriations with priority dates.
Construction or modification of storage dam—Plans and
specifications—Additional dam safety inspection requirements for metals mining and milling operations.
Controlling works and measuring devices—Metering of
diversions—Impact on fish stock.
Reservoir permits—Secondary permits—Expedited processing—Underground artificial storage and recovery project
standards and rules—Report to the legislature.
Right to water attaches to land—Transfer or change in point
of diversion—Transfer of rights from one district to
another—Priority of water rights applications.
Interties—Findings—Definitions—Review and approval.
Coordination of approval procedures for compliance and
consistency with approved water system plan.
Temporary changes—Emergency interties—Rotation in use.
Change of point of diversion to downstream intake structure—Intent.
Change of point of diversion to downstream intake structure—Conditions for approval.
Crimes against water code—Unauthorized use of water.
Crimes against water code—Interference with works—
Wrongful use of water—Property destruction—Penalty.
Crimes against water code—Obstruction of right of way.
Partnership ditches—Action for reimbursement for work
done.
Partnership ditches—Procedure for division of water between joint owners.
Partnership ditches—Lien for labor performed.
Inchoate rights not affected.
Schedule of fees.
Disposition of fees.
Storm water control facilities—Imposition of rates and
charges—Legislative findings.
Storm water control facilities—Imposition of rates and
charges—Credit for other improvements.
Storm water control facilities—Imposition of rates and
charges—Definitions.
Storm water control facilities—Imposition of rates and
charges with respect to state highway rights of way—
Annual plan for expenditure of charges.
Highway construction improvement projects—Joint storm
water treatment facilities.
Chapter 90.03
90.03.600
90.03.605
Civil penalties.
Compliance—Sequence of enforcement measures—Location
of compliance personnel.
Prior acts on this subject: Code 1881 c 141; 1889 pp 706-728 §§
1-67, 1889 p 728 § 1; 1889 p 729 §§ 1-2; 1891 c 142; 1899 c 131; 1901
cc 30, 33, 36; 1903 c 53; 1907 c 144; and 1909 c 209.
Aquifer protection areas: Chapter 36.36 RCW.
90.03.005 State water policy—Cooperation with
other agencies—Reduction of wasteful practices. It is the
policy of the state to promote the use of the public waters in
a fashion which provides for obtaining maximum net
benefits arising from both diversionary uses of the state’s
public waters and the retention of waters within streams and
lakes in sufficient quantity and quality to protect instream
and natural values and rights. Consistent with this policy,
the state supports economically feasible and environmentally
sound development of physical facilities through the concerted efforts of the state with the United States, public corporations, Indian tribes, or other public or private entities.
Further, based on the tenet of water law which precludes
wasteful practices in the exercise of rights to the use of
waters, the department of ecology shall reduce these practices to the maximum extent practicable, taking into account
sound principles of water management, the benefits and costs
of improved water use efficiency, and the most effective use
of public and private funds, and, when appropriate, to work
to that end in concert with the agencies of the United States
and other public and private entities. [1989 c 348 § 2; 1979
ex.s. c 216 § 8.]
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
Effective date—Severability—1979 ex.s. c 216: See notes following
RCW 90.03.245.
90.03.010 Appropriation of water rights—Existing
rights preserved. The power of the state to regulate and
control the waters within the state shall be exercised as
hereinafter in this chapter provided. Subject to existing
rights all waters within the state belong to the public, and
any right thereto, or to the use thereof, shall be hereafter
acquired only by appropriation for a beneficial use and in the
manner provided and not otherwise; and, as between appropriations, the first in time shall be the first in right. Nothing
contained in this chapter shall be construed to lessen,
enlarge, or modify the existing rights of any riparian owner,
or any existing right acquired by appropriation, or otherwise.
They shall, however, be subject to condemnation as provided
in RCW 90.03.040, and the amount and priority thereof may
be determined by the procedure set out in RCW 90.03.110
through 90.03.240. [1917 c 117 § 1; RRS § 7351. Prior:
1891 p 127 § 1. Formerly RCW 90.04.020.]
90.03.015 Definitions. As used in this chapter:
(1) "Department" means the department of ecology;
(2) "Director" means the director of ecology; and
(3) "Person" means any firm, association, water users’
association, corporation, irrigation district, or municipal
corporation, as well as an individual. [1987 c 109 § 65.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
[Title 90 RCW—page 3]
90.03.020
Title 90 RCW: Water Rights—Environment
90.03.020 Units of water measurement. The legally
recognized units of water measurement shall be as follows:
For flowing water—one cubic foot of water per second of
time, and to be designated "secondfoot." For absolute
volume or quantity of water—forty-three thousand five
hundred sixty cubic feet of water, and to be designated
"acrefoot." [1917 c 117 § 2; RRS § 7352. Prior: 1890 p
729 § 1. Formerly RCW 90.04.010, part.]
90.03.030 Right to convey water along lake or
stream—Conveyance to intake structure in neighboring
state. Any person may convey any water which he or she
may have a right to use along any of the natural streams or
lakes of this state, but not so as to raise the water thereof
above ordinary highwater mark, without making just compensation to persons injured thereby; but due allowance shall
be made for evaporation and seepage, the amount of such
seepage to be determined by the department, upon the
application of any person interested. Water conveyed under
this section may be conveyed to an approved intake structure
located in a neighboring state in order to accomplish an
approved modification of the point of diversion in a permit
to appropriate water for a beneficial use, if approval of the
neighboring state is documented to the satisfaction of the
department. [1999 c 232 § 3; 1987 c 109 § 68; 1917 c 117
§ 3; RRS § 7353. Formerly RCW 90.28.050.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.040 Eminent domain—Use of water declared
public use. The beneficial use of water is hereby declared
to be a public use, and any person may exercise the right of
eminent domain to acquire any property or rights now or
hereafter existing when found necessary for the storage of
water for, or the application of water to, any beneficial use,
including the right to enlarge existing structures employed
for the public purposes mentioned in this chapter and use the
same in common with the former owner, and including the
right and power to condemn an inferior use of water for a
superior use. In condemnation proceedings the court shall
determine what use will be for the greatest public benefit,
and that use shall be deemed a superior one: PROVIDED,
That no property right in water or the use of water shall be
acquired hereunder by condemnation for irrigation purposes,
which shall deprive any person of such quantity of water as
may be reasonably necessary for the irrigation of his land
then under irrigation to the full extent of the soil, by the
most economical method of artificial irrigation applicable to
such land according to the usual methods of artificial
irrigation employed in the vicinity where such land is
situated. In any case, the court shall determine what is the
most economical method of irrigation. Such property or
rights shall be acquired in the manner provided by law for
the taking of private property for public use by private
corporations. [1917 c 117 § 4; RRS § 7354. Formerly
RCW 90.04.030.]
Eminent domain by corporations: Chapter 8.20 RCW.
90.03.050 Powers and duties of director of conservation through the division of water resources. See RCW
43.21.130.
[Title 90 RCW—page 4]
90.03.060 Water masters—Appointment, compensation. (1) Water masters shall be appointed by the department whenever it shall find the interests of the state or of the
water users to require them. The districts for or in which
the water masters serve shall be designated water master
districts, which shall be fixed from time to time by the
department, as required, and they shall be subject to revision
as to boundaries or to complete abandonment as local
conditions may indicate to be expedient, the spirit of this
provision being that no district shall be created or continued
where the need for the same does not exist. Water masters
shall be supervised by the department, shall be compensated
for services from funds of the department, and shall be
technically qualified to the extent of understanding the
elementary principals of hydraulics and irrigation, and of
being able to make water measurements in streams and in
open and closed conduits of all characters, by the usual
methods employed for that purpose. Counties and municipal
and public corporations of the state are authorized to
contribute moneys to the department to be used as compensation to water masters in carrying out their duties. All such
moneys received by the department shall be used exclusively
for said purpose.
(2) A water master may be appointed by the department
for a watershed management area for which a plan adopted
by a planning unit and by the counties with territory in the
watershed management area under RCW 90.82.130 contains
a requirement or request that a water master be appointed,
subject to availability of state or nonstate funding. [1999 c
237 § 1; 1987 c 109 § 69; 1967 c 80 § 1; 1947 c 123 § 2;
1917 c 117 § 9; Rem. Supp. 1947 § 7359. Formerly RCW
90.08.010.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Stream patrolmen (approval, supervision of, by water masters): Chapter
90.08 RCW.
90.03.070 Water masters—Duties—Office space and
equipment—Clerical assistance. It shall be the duty of the
water master, acting under the direction of the department,
to divide in whole or in part, the water supply of his district
among the several water conduits and reservoirs using said
supply, according to the right and priority of each, respectively. He shall divide, regulate and control the use of water
within his district by such regulation of headgates, conduits
and reservoirs as shall be necessary to prevent the use of
water in excess of the amount to which the owner of the
right is lawfully entitled. Whenever, in the pursuance of his
duties, the water master regulates a headgate of a water
conduit or the controlling works of a reservoir, he shall
attach to such headgate or controlling works a written notice,
properly dated and signed, stating that such headgate or
controlling works has been properly regulated and is wholly
under his control and such notice shall be a legal notice to
all parties. In addition to dividing the available waters and
supervising the stream patrolmen in his district, he shall
enforce such rules and regulations as the department shall
from time to time prescribe.
The county or counties in which water master districts
are created shall deputize the water masters appointed
hereunder, and may without charge provide to each water
master suitable office space, supplies, equipment and clerical
(2002 Ed.)
Water Code
assistance as are necessary to the water master in the
performance of his duties. [1987 c 109 § 70; 1967 c 80 §
2; 1917 c 117 § 10; RRS § 7360. Formerly RCW
90.08.020.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Water master’s power of arrest: RCW 90.03.090.
90.03.090 Water master’s power of arrest. The
water master shall have the power, within his or her district,
to arrest any person in the act of violating any of the
provisions of this chapter and to deliver such person promptly into the custody of the sheriff or other competent officer
within the county and immediately upon such delivery the
water master making the arrest shall, in writing and upon
oath, make complaint before the proper district judge against
the person so arrested. [1987 c 202 § 250; 1917 c 117 § 12;
RRS § 7362. Formerly RCW 90.08.030.]
Intent—1987 c 202: See note following RCW 2.04.190.
90.03.100 Prosecuting attorney, legal assistant. It
shall be the duty of the prosecuting attorney of any county
to appear for or on behalf of the department or any water
master, upon request of any such officer in any case which
may arise in the performance of the official duties of any
such officer within the jurisdiction of said prosecuting
attorney. [1987 c 109 § 71; 1917 c 117 § 13; RRS § 7363.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Attorney general to represent state, agencies, etc.: RCW 43.10.040.
Prosecuting attorney, duties: RCW 36.27.020(3), (4).
90.03.105 Petition by planning units for general
adjudication. The legislature finds that the lack of certainty
regarding water rights within a water resource basin may
impede management and planning for water resources. The
legislature further finds that planning units conducting water
resource planning under chapter 90.82 RCW may find that
the certainty provided by a general adjudication of water
rights under this chapter is required for water planning or
water management in a water resource inventory area or in
a portion of the area. Therefore, such planning units may
petition the department to conduct such a general adjudication and the department shall give high priority to such a
request in initiating any such general adjudications under this
chapter. [1997 c 442 § 301.]
Part headings not law—Severability—1997 c 442: See RCW
90.82.900 and 90.82.901.
90.03.110 Determination of water rights—Petition—
Statement and plan. Upon the filing of a petition with the
department by one or more persons claiming the right to
divert any waters within the state or when, after investigation, in the judgment of the department, the interest of the
public will be subserved by a determination of the rights
thereto, it shall be the duty of the department to prepare a
statement of the facts, together with a plan or map of the
locality under investigation, and file such statement and plan
or map in the superior court of the county in which said
water is situated, or, in case such water flows or is situated
in more than one county, in the county which the department
(2002 Ed.)
90.03.070
shall determine to be the most convenient to the parties
interested therein. Such statement shall contain substantially
the following matter, to wit:
(1) The names of all known persons claiming the right
to divert said water, the right to the diversion of which is
sought to be determined, and
(2) A brief statement of the facts in relation to such
water, and the necessity for a determination of the rights
thereto. [1987 c 109 § 72; 1917 c 117 § 14; RRS § 7364.
Formerly RCW 90.12.010.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Additional powers and duties enumerated—Payment for from reclamation
account: RCW 89.16.055.
Application of RCW sections to specific proceedings: RCW 90.14.200.
Schedule of fees: RCW 90.03.470.
90.03.120 Determination of water rights—Order—
Summons—Necessary parties. Upon the filing of the
statement and map as provided in RCW 90.03.110 the judge
of such superior court shall make an order directing summons to be issued, and fixing the return day thereof, which
shall be not less than sixty nor more than ninety days, after
the making of such order: PROVIDED, That for good
cause, the court, at the request of the department, may
modify said time period. A summons shall thereupon be
issued out of said superior court, signed and attested by the
clerk thereof, in the name of the state of Washington, as
plaintiff, against all known persons claiming the right to
divert the water involved and also all persons unknown
claiming the right to divert the water involved, which said
summons shall contain a brief statement of the objects and
purpose of the proceedings and shall require the defendants
to appear on the return day thereof, and make and file a
statement of claim to, or interest in, the water involved and
a statement that unless they appear at the time and place
fixed and assert such right, judgment will be entered
determining their rights according to the evidence: PROVIDED, HOWEVER, That any persons claiming the right to
the use of water by virtue of a contract with claimant to the
right to divert the same, shall not be necessary parties to the
proceeding. [1987 c 109 § 73; 1977 ex.s. c 357 § 1; 1917
c 117 § 15; RRS § 7365. Formerly RCW 90.12.020.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.130 Determination of water rights—Service of
summons. Service of said summons shall be made in the
same manner and with the same force and effect as service
of summons in civil actions commenced in the superior
courts of the state: PROVIDED, That for good cause, the
court, at the request of the department, as an alternative to
personal service, may authorize service of summons to be
made by certified mail, with return receipt signed by
defendant, a spouse of a defendant, or another person authorized to accept service. If the defendants, or either of them,
cannot be found within the state of Washington, of which the
return of the sheriff of the county in which the proceeding
is pending shall be prima facie evidence, upon the filing of
an affidavit by the department, or its attorney, in conformity
with the statute relative to the service of summons by publi[Title 90 RCW—page 5]
90.03.130
Title 90 RCW: Water Rights—Environment
cation in civil actions, such service may be made by publication in a newspaper of general circulation in the county in
which such proceeding is pending, and also publication of
said summons in a newspaper of general circulation in each
county in which any portion of the water is situated, once a
week for six consecutive weeks (six publications). In cases
where personal service can be had, such summons shall be
served at least twenty days before the return day thereof.
The summons by publication shall state that statements of
claim must be filed within twenty days after the last publication or before the return date, whichever is later.
Personal service of summons may be made by department of ecology employees for actions pertaining to water
rights. [1987 c 109 § 74; 1979 ex.s. c 216 § 2; 1977 ex.s.
c 357 § 2; 1929 c 122 § 1; 1917 c 117 § 16; RRS § 7366.
Formerly RCW 90.12.030.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Effective date—Severability—1979 ex.s. c 216: See notes following
RCW 90.03.245.
Commencement of actions (service of summons): Chapter 4.28 RCW.
Manner of publication and form of summons: RCW 4.28.110.
Service of summons by publication—When authorized: RCW 4.28.100.
90.03.140 Determination of water rights—Statement
by defendants. On or before the return day of such
summons, each defendant shall file in the office of the clerk
of said court a statement, and therewith a copy thereof for
the department, containing substantially the following:
(1) The name and post office address of defendant.
(2) The full nature of the right, or use, on which the
claim is based.
(3) The time of initiation of such right and commencement of such use.
(4) The date of beginning and completion of construction.
(5) The dimensions and capacity of all ditches existing
at the time of making said statement.
(6) The amount of land under irrigation and the maximum quantity of water used thereon prior to the date of said
statement and if for power, or other purposes, the maximum
quantity of water used prior to date of said statement.
(7) The legal description of the land upon which said
water has been, or may be, put to beneficial use, and the
legal description of the subdivision of land on which the
point of diversion is located.
Such statement shall be verified on oath by the defendant, and in the discretion of the court may be amended.
[1987 c 109 § 75; 1929 c 122 § 2; 1917 c 117 § 17; RRS §
7367. Formerly RCW 90.12.040.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.150 Determination of water rights—Guardian
ad litem for defendant. Whenever any defendant in any
proceeding instituted under this chapter is an infant, or an
alleged incompetent or disabled person for whom the court
has not yet appointed either a guardian or a limited guardian,
the court shall appoint a guardian ad litem for such minor or
alleged incompetent or disabled defendant. [1977 ex.s. c 80
[Title 90 RCW—page 6]
§ 75; 1917 c 117 § 18; RRS § 7368. Formerly RCW
90.12.050.]
Purpose—Intent—Severability—1977 ex.s. c 80: See notes
following RCW 4.16.190.
Guardian ad litem
for infant: RCW 4.08.050.
for incapacitated person: RCW 4.08.060.
90.03.160 Determination of water rights—Referral
to department. Upon the completion of the service of
summons as hereinbefore provided, the superior court in
which said proceeding is pending shall make an order
referring said proceeding to the department to take testimony
by its duly authorized designee, as referee, and the designee
shall report to and file with the superior court of the county
in which such cause is pending a transcript of such testimony for adjudication thereon by such court. The superior
court may, in any complex case with more than one thousand named defendants, including the United States, retain
for hearing and further processing such portions of the
proceeding as pertain to a discrete class or classes of
defendants or claims of water rights if the court determines
that: (1) Resolution of claims of such classes appear to
involve significant issues of law, either procedural or
substantive; and (2) such a retention will both expedite the
conclusion of the case and reduce the overall expenditures of
the plaintiff, defendants, and the court. [1989 c 80 § 1;
1987 c 109 § 76; 1917 c 117 § 19; RRS § 7369. Formerly
RCW 90.12.060.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.170 Determination of water rights—
Hearing—Notice—Prior rights preserved. Thereupon the
department shall fix a time and place for such hearing and
serve written notice thereof upon all persons who have
appeared in said proceeding, their agents or attorneys.
Notice of such hearing shall be served at least ten days
before the time fixed therefor. Such hearings may be
adjourned from time to time and place to place. The duly
authorized designee shall have authority to subpoena
witnesses and administer oaths in the same manner and with
the same powers as referees in civil actions. The fees and
mileage of witnesses shall be advanced by the party at
whose instance they are called as in civil actions. A final
decree adjudicating rights or priorities, entered in any case
decided prior to June 6, 1917, shall be conclusive among the
parties thereto and the extent of use so determined shall be
prima facie evidence of rights to the amount of water and
priorities so fixed as against any person not a party to said
decree. [1987 c 109 § 77; 1917 c 117 § 20; RRS § 7370.
Formerly RCW 90.12.070.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Civil procedure—Costs: Chapter 4.84 RCW.
Courts of record—Witnesses: Chapter 2.40 RCW.
Trial procedure—Powers of referee: RCW 4.48.060.
90.03.180 Determination of water rights—Statement
by defendants—Filing fee. At the time of filing the
statement as provided in RCW 90.03.140, each defendant
shall pay to the clerk of the superior court a fee as set under
(2002 Ed.)
Water Code
RCW 36.18.020. [1995 c 292 § 21; 1982 c 15 § 2; 1979
ex.s. c 216 § 3; 1929 c 122 § 3; 1919 c 71 § 2; 1917 c 117
§ 21; RRS § 7371. Formerly RCW 90.12.080, part.]
Effective date—Severability—1979 ex.s. c 216: See notes following
RCW 90.03.245.
90.03.190 Determination of water rights—
Transcript of testimony—Filing—Notice of hearing.
Upon the completion of the taking of testimony it shall be
the duty of the department’s designee to prepare and file
with the clerk of the superior court where such proceeding
is pending, a transcript of the testimony taken at such
hearing, in triplicate, together with all papers and exhibits
offered and received in evidence and not already a part of
the record. He shall also make and file in said court a full
and complete report as in other cases of reference in the
superior court. Two of said transcripts shall be for the use
of the parties as the court may direct. The court shall set a
time for the hearing and the designee shall thereupon prepare
a notice designating a time for the hearing of said report and
serve a copy thereof, together with a copy of his report, on
all persons, their agents or attorneys who have appeared in
such proceeding. Such service shall be made not less than
twenty days before the time for said hearing, either personally or by registered mail, and an affidavit of such service
filed with the clerk. [1987 c 109 § 78; 1917 c 117 § 22;
RRS § 7372. Formerly RCW 90.12.090.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.200 Determination of water rights—
Exceptions to report—Decree—Appellate review. Upon
the filing of the evidence and the report of the department,
any interested party may, on or before five days prior to the
date of said hearing, file exceptions to such report in writing
and such exception shall set forth the grounds therefor and
a copy thereof shall be served personally or by registered
mail upon all parties who have appeared in the proceeding.
If no exceptions be filed, the court shall enter a decree determining the rights of the parties according to the evidence
and the report of the department, whether such parties have
appeared therein or not. If exceptions are filed the action
shall proceed as in case of reference of a suit in equity and
the court may in its discretion take further evidence or, if
necessary, remand the case for such further evidence to be
taken by the department’s designee, and may require further
report by him. Costs, not including taxable attorneys fees,
may be allowed or not; if allowed, may be apportioned
among the parties in the discretion of the court. Appellate
review of the decree shall be in the same manner as in other
cases in equity, except that review must be sought within
sixty days from the entry thereof. [1988 c 202 § 91; 1987
c 109 § 79; 1971 c 81 § 176; 1917 c 117 § 23; RRS § 7373.
Formerly RCW 90.12.100.]
Severability—1988 c 202: See note following RCW 2.24.050.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.210 Determination of water rights—Interim
regulation of water—Appeals. (1) During the pendency of
such adjudication proceedings prior to judgment or upon
(2002 Ed.)
90.03.180
review by an appellate court, the stream or other water
involved shall be regulated or partially regulated according
to the schedule of rights specified in the department’s report
upon an order of the court authorizing such regulation:
PROVIDED, Any interested party may file a bond and
obtain an order staying the regulation of said stream as to
him, in which case the court shall make such order regarding
the regulation of the stream or other water as he may deem
just. The bond shall be filed within five days following the
service of notice of appeal in an amount to be fixed by the
court and with sureties satisfactory to the court, conditioned
to perform the judgment of the court.
(2) Any appeal of a decision of the department on an
application to change or transfer a water right subject to a
general adjudication that is being litigated actively and was
commenced before October 13, 1977, shall be conducted as
follows:
(a) The appeal shall be filed with the court conducting
the adjudication and served under RCW 34.05.542(3). The
content of the notice of appeal shall conform to RCW
34.05.546. Standing to appeal shall be based on the requirements of RCW 34.05.530 and is not limited to parties to the
adjudication.
(b) If the appeal includes a challenge to the portion of
the department’s decision that pertains to tentative determinations of the validity and extent of the water right, review
of those tentative determinations shall be conducted by the
court consistent with the provisions of RCW 34.05.510
through 34.05.598, except that the review shall be de novo.
(c) If the appeal includes a challenge to any portion of
the department’s decision other than the tentative determinations of the validity and extent of the right, the court must
certify to the pollution control hearings board for review and
decision those portions of the department’s decision. Review
by the pollution control hearings board shall be conducted
consistent with chapter 43.21B RCW and the board’s
implementing regulations, except that the requirements for
filing, service, and content of the notice of appeal shall be
governed by (a) of this subsection.
(d) Appeals shall be scheduled to afford all parties full
opportunity to participate before the superior court and the
pollution control hearings board.
(e) Any person wishing to appeal the decision of the
board made under (c) of this subsection shall seek review of
the decision in accordance with chapter 34.05 RCW, except
that the petition for review must be filed with the superior
court conducting the adjudication.
(3) Nothing in this section shall be construed to affect
or modify any treaty or other federal rights of an Indian
tribe, or the rights of any federal agency or other person or
entity arising under federal law. Nothing in this section is
intended or shall be construed as affecting or modifying any
existing right of a federally recognized Indian tribe to protect
from impairment its federally reserved water rights in federal
court. [2001 c 220 § 5; 1988 c 202 § 92; 1987 c 109 § 80;
1921 c 103 § 1; RRS § 7374. Formerly RCW 90.12.110.]
Intent—Construction—Effective date—2001 c 220: See notes
following RCW 43.21B.110.
Severability—1988 c 202: See note following RCW 2.24.050.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
[Title 90 RCW—page 7]
90.03.220
Title 90 RCW: Water Rights—Environment
90.03.220 Determination of water rights—Failure to
appear—Estoppel. Whenever proceedings shall be instituted for the determination of the rights to the use of water,
any defendant who shall fail to appear in such proceedings,
after legal service, and submit proof of his claim, shall be
estopped from subsequently asserting any right to the use of
such water embraced in such proceeding, except as determined by such decree. [1917 c 117 § 24; RRS § 7375.
Formerly RCW 90.12.120.]
90.03.230 Determination of water rights—Copy of
decree to director. The clerk of the superior court, immediately upon the entry of any decree by the superior court,
shall transmit a certified copy thereof to the director, who
shall immediately enter the same upon the records of the
department. [1987 c 109 § 81; 1917 c 117 § 25; RRS §
7376. Formerly RCW 90.12.130.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.240 Determination of water rights—Diversion
certificate. Upon the final determination of the rights to the
diversion of water it shall be the duty of the department to
issue to each person entitled to the diversion of water by
such determination, a certificate under his official seal,
setting forth the name and post office address of such
person; the priority and purpose of the right; the period during which said right may be exercised, the point of diversion
and the place of use; the land to which said water right is
appurtenant and when applicable the maximum quantity of
water allowed. [1987 c 109 § 82; 1917 c 117 § 26; RRS §
7377. Formerly RCW 90.12.140.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.243 Determination of water rights—State to
bear its expenses, when. The expenses incurred by the
state in a proceeding to determine rights to water initiated
under RCW 90.03.110 or 90.44.220 or upon appeal of such
a determination shall be borne by the state. [1982 c 15 § 1.]
90.03.245 Determination of water rights—Scope.
Rights subject to determination proceedings conducted under
RCW 90.03.110 through 90.03.240 and 90.44.220 include all
rights to the use of water, including all diversionary and
instream water rights, and include rights to the use of water
claimed by the United States.
Nothing in this section may be construed as establishing
or creating any new rights to the use of water. This section
relates exclusively to the confirmation of water rights
established or created under other provisions of state law or
under federal laws. [1979 ex.s. c 216 § 1.]
Effective date—1979 ex.s. c 216: "Section 2 of this act is necessary
for the immediate preservation of the public peace, health, and safety, the
support of the state government and its existing public institutions, and shall
take effect immediately [June 4, 1979]." [1979 ex.s. c 216 § 12.]
Severability—1979 ex.s. c 216: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1979 ex.s. c 216 § 13.]
[Title 90 RCW—page 8]
90.03.247 Minimum flows and levels—Departmental
authority exclusive—Other recommendations considered.
Whenever an application for a permit to make beneficial use
of public waters is approved relating to a stream or other
water body for which minimum flows or levels have been
adopted and are in effect at the time of approval, the permit
shall be conditioned to protect the levels or flows. No
agency may establish minimum flows and levels or similar
water flow or level restrictions for any stream or lake of the
state other than the department of ecology whose authority
to establish is exclusive, as provided in chapter 90.03 RCW
and RCW 90.22.010 and 90.54.040. The provisions of other
statutes, including but not limited to *RCW 75.20.100 and
chapter 43.21C RCW, may not be interpreted in a manner
that is inconsistent with this section. In establishing such
minimum flows, levels, or similar restrictions, the department shall, during all stages of development by the department of ecology of minimum flow proposals, consult with,
and carefully consider the recommendations of, the department of fish and wildlife, the department of community,
trade, and economic development, the department of agriculture, and representatives of the affected Indian tribes. Nothing herein shall preclude the department of fish and wildlife,
the department of community, trade, and economic development, or the department of agriculture from presenting its
views on minimum flow needs at any public hearing or to
any person or agency, and the department of fish and
wildlife, the department of community, trade, and economic
development, and the department of agriculture are each
empowered to participate in proceedings of the federal
energy regulatory commission and other agencies to present
its views on minimum flow needs. [1996 c 186 § 523; 1994
c 264 § 82. Prior: 1987 c 506 § 95; 1987 c 505 § 81; 1980
c 87 § 46; 1979 ex.s. c 166 § 1.]
*Reviser’s note: RCW 75.20.100 was recodified as RCW 77.55.100
pursuant to 2000 c 107 § 129.
Findings—Intent—Part headings not law—Effective date—1996
c 186: See notes following RCW 43.330.904.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
90.03.250 Appropriation procedure—Application
for permit—Temporary permit. Any person, municipal
corporation, firm, irrigation district, association, corporation
or water users’ association hereafter desiring to appropriate
water for a beneficial use shall make an application to the
department for a permit to make such appropriation, and
shall not use or divert such waters until he has received a
permit from the department as in this chapter provided. The
construction of any ditch, canal or works, or performing any
work in connection with said construction or appropriation,
or the use of any waters, shall not be an appropriation of
such water nor an act for the purpose of appropriating water
unless a permit to make said appropriation has first been
granted by the department: PROVIDED, That a temporary
permit may be granted upon a proper showing made to the
department to be valid only during the pendency of such
application for a permit unless sooner revoked by the department: PROVIDED, FURTHER, That nothing in this
chapter contained shall be deemed to affect RCW 90.40.010
through 90.40.080 except that the notice and certificate
therein provided for in RCW 90.40.030 shall be addressed to
(2002 Ed.)
Water Code
the department, and the department shall exercise the powers
and perform the duties prescribed by RCW 90.40.030.
[1987 c 109 § 83; 1917 c 117 § 27; RRS § 7378. Formerly
RCW 90.20.010.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Schedule of fees: RCW 90.03.470.
90.03.252 Use of reclaimed water by wastewater
treatment facility—Permit requirements inapplicable.
The permit requirements of RCW 90.03.250 do not apply to
the use of reclaimed water by the owner of a wastewater
treatment facility under the provisions of RCW 90.46.120
and do not apply to the use of agricultural industrial process
water as provided under RCW 90.46.150. [2001 c 69 § 6;
1997 c 444 § 2.]
Severability—1997 c 444: See note following RCW 90.46.010.
90.03.255 Applications for water right, transfer, or
change—Consideration of water impoundment or other
resource management technique. The department shall,
when evaluating an application for a water right, transfer, or
change filed pursuant to RCW 90.03.250 or 90.03.380 that
includes provision for any water impoundment or other
resource management technique, take into consideration the
benefits and costs, including environmental effects, of any
water impoundment or other resource management technique
that is included as a component of the application. The
department’s consideration shall extend to any increased
water supply that results from the impoundment or other
resource management technique, including but not limited to
any recharge of ground water that may occur, as a means of
making water available or otherwise offsetting the impact of
the diversion of surface water proposed in the application for
the water right, transfer, or change. Provision for an
impoundment or other resource management technique in an
application shall be made solely at the discretion of the
applicant and shall not otherwise be made by the department
as a condition for approving an application that does not
include such provision.
This section does not lessen, enlarge, or modify the
rights of any riparian owner, or any existing water right
acquired by appropriation or otherwise. [1997 c 360 § 2;
1996 c 306 § 1.]
Findings—Purpose—1997 c 360: "The legislature finds that in many
basins in the state there is water available on a seasonal basis that is in
excess of the needs of either existing water right holders or instream
resources. The legislature finds that excess waters often result in significant
flooding and damage to public and private resources. Further, it is in the
public interest to encourage the impoundment of excess water and other
measures that can be used to offset the impact of withdrawals and
diversions on existing rights and instream resources. Further, in some areas
of the state additional supplies of water are needed to meet the needs of a
growing economy and population. The legislature finds there is a range of
alternatives that offset the impacts that should be encouraged including the
creation, restoration, enhancement, or enlargement of ponds, wetlands, and
reservoirs and the artificial recharge of aquifers.
The purpose of this act is to foster the improvement in the water
supplies available to meet the needs of the state. It is the goal of this act
to strengthen the state’s economy while maintaining and improving the
overall quality of the state’s environment." [1997 c 360 § 1.]
90.03.260 Appropriation procedure—Application—
Contents. Each application for permit to appropriate water
(2002 Ed.)
90.03.250
shall set forth the name and post office address of the
applicant, the source of water supply, the nature and amount
of the proposed use, the time during which water will be
required each year, the location and description of the
proposed ditch, canal, or other work, the time within which
the completion of the construction and the time for the
complete application of the water to the proposed use. If for
agricultural purposes, it shall give the legal subdivision of
the land and the acreage to be irrigated, as near as may be,
and the amount of water expressed in acre feet to be supplied per season. If for power purposes, it shall give the
nature of the works by means of which the power is to be
developed, the head and amount of water to be utilized, and
the uses to which the power is to be applied. If for construction of a reservoir, it shall give the height of the dam,
the capacity of the reservoir, and the uses to be made of the
impounded waters. If for municipal water supply, it shall
give the present population to be served, and, as near as may
be, the future requirement of the municipality. If for mining
purposes, it shall give the nature of the mines to be served
and the method of supplying and utilizing the water; also
their location by legal subdivisions. All applications shall be
accompanied by such maps and drawings, in duplicate, and
such other data, as may be required by the department, and
such accompanying data shall be considered as a part of the
application. [1987 c 109 § 84; 1917 c 117 § 28; RRS §
7379. Formerly RCW 90.20.020.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Height of dams on tributaries of Columbia river: RCW 77.55.160.
90.03.265 Appropriation procedure—Cost-reimbursement agreement for expedited review of application.
Any applicant for a new withdrawal or a change, transfer, or
amendment of a water right pending before the department,
may initiate a cost-reimbursement agreement with the
department to provide expedited review of the application.
A cost-reimbursement agreement may only be initiated under
this section if the applicant agrees to pay for, or as part of
a cooperative effort agrees to pay for, the cost of processing
his or her application and all other applications from the
same source of supply which must be acted upon before the
applicant’s request because they were filed prior to the date
of when the applicant filed. The department shall use the
process established under RCW 43.21A.690 for entering into
cost-reimbursement agreements, except that it is not necessary for an environmental impact statement to be filed as a
prerequisite for entering into a cost-reimbursement agreement
under this section. [2000 c 251 § 7.]
Intent—Captions not law—Effective date—2000 c 251: See notes
following RCW 43.21A.690.
90.03.270 Appropriation procedure—Record of
application. Upon receipt of an application it shall be the
duty of the department to make an endorsement thereon of
the date of its receipt, and to keep a record of same. If upon
examination, the application is found to be defective, it shall
be returned to the applicant for correction or completion, and
the date and the reasons for the return thereof shall be
endorsed thereon and made a record in his office. No
application shall lose its priority of filing on account of such
[Title 90 RCW—page 9]
90.03.270
Title 90 RCW: Water Rights—Environment
defects, provided acceptable maps, drawings and such data
as is required by the department shall be filed with the
department within such reasonable time as it shall require.
[1987 c 109 § 85; 1917 c 117 § 29; RRS § 7380. Formerly
RCW 90.20.030.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.280 Appropriation procedure—Notice. Upon
receipt of a proper application, the department shall instruct
the applicant to publish notice thereof in a form and within
a time prescribed by the department in a newspaper of
general circulation published in the county or counties in
which the storage, diversion, and use is to be made, and in
such other newspapers as the department may direct, once a
week for two consecutive weeks. Upon receipt by the
department of an application it shall send notice thereof
containing pertinent information to the director of fish and
wildlife. [1994 c 264 § 83; 1988 c 36 § 65; 1987 c 109 §
66; 1953 c 275 § 1; 1939 c 127 § 1; 1925 ex.s. c 161 § 1;
1917 c 117 § 30; RRS § 7381. Formerly RCW 90.20.040.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.290 Appropriation procedure—Department to
investigate—Preliminary permit—Findings and action on
application. (1) When an application complying with the
provisions of this chapter and with the rules of the department has been filed, the same shall be placed on record with
the department, and it shall be its duty to investigate the
application, and determine what water, if any, is available
for appropriation, and find and determine to what beneficial
use or uses it can be applied. If it is proposed to appropriate
water for irrigation purposes, the department shall investigate, determine and find what lands are capable of irrigation
by means of water found available for appropriation. If it is
proposed to appropriate water for the purpose of power
development, the department shall investigate, determine and
find whether the proposed development is likely to prove
detrimental to the public interest, having in mind the highest
feasible use of the waters belonging to the public.
(2)(a) If the application does not contain, and the
applicant does not promptly furnish sufficient information on
which to base such findings, the department may issue a
preliminary permit, for a period of not to exceed three years,
requiring the applicant to make such surveys, investigations,
studies, and progress reports, as in the opinion of the
department may be necessary. If the applicant fails to
comply with the conditions of the preliminary permit, it and
the application or applications on which it is based shall be
automatically canceled and the applicant so notified. If the
holder of a preliminary permit shall, before its expiration,
file with the department a verified report of expenditures
made and work done under the preliminary permit, which, in
the opinion of the department, establishes the good faith,
intent, and ability of the applicant to carry on the proposed
development, the preliminary permit may, with the approval
of the governor, be extended, but not to exceed a maximum
period of five years from the date of the issuance of the
preliminary permit.
[Title 90 RCW—page 10]
(b) For any application for which a preliminary permit
was issued and for which the availability of water was
directly affected by a moratorium on further diversions from
the Columbia river during the years from 1990 to 1998, the
preliminary permit is extended through June 30, 2002. If
such an application and preliminary permit were canceled
during the moratorium, the application and preliminary
permit shall be reinstated until June 30, 2002, if the application and permit: (i) Are for providing regional water
supplies in more than one urban growth area designated
under chapter 36.70A RCW and in one or more areas near
such urban growth areas, or the application and permit are
modified for providing such supplies, and (ii) provide or are
modified to provide such regional supplies through the use
of existing intake or diversion structures. The authority to
modify such a canceled application and permit to accomplish
the objectives of (b)(i) and (ii) of this subsection is hereby
granted.
(3) The department shall make and file as part of the
record in the matter, written findings of fact concerning all
things investigated, and if it shall find that there is water
available for appropriation for a beneficial use, and the
appropriation thereof as proposed in the application will not
impair existing rights or be detrimental to the public welfare,
it shall issue a permit stating the amount of water to which
the applicant shall be entitled and the beneficial use or uses
to which it may be applied: PROVIDED, That where the
water applied for is to be used for irrigation purposes, it
shall become appurtenant only to such land as may be
reclaimed thereby to the full extent of the soil for agricultural purposes. But where there is no unappropriated water in
the proposed source of supply, or where the proposed use
conflicts with existing rights, or threatens to prove detrimental to the public interest, having due regard to the highest
feasible development of the use of the waters belonging to
the public, it shall be duty of the department to reject such
application and to refuse to issue the permit asked for.
(4) If the permit is refused because of conflict with
existing rights and such applicant shall acquire same by
purchase or condemnation under RCW 90.03.040, the
department may thereupon grant such permit. Any application may be approved for a less amount of water than that
applied for, if there exists substantial reason therefor, and in
any event shall not be approved for more water than can be
applied to beneficial use for the purposes named in the
application. In determining whether or not a permit shall
issue upon any application, it shall be the duty of the
department to investigate all facts relevant and material to
the application. After the department approves said application in whole or in part and before any permit shall be
issued thereon to the applicant, such applicant shall pay the
fee provided in RCW 90.03.470: PROVIDED FURTHER,
That in the event a permit is issued by the department upon
any application, it shall be its duty to notify the director of
fish and wildlife of such issuance. [2001 c 239 § 1; 1994 c
264 § 84; 1988 c 36 § 66; 1987 c 109 § 86; 1947 c 133 § 1;
1939 c 127 § 2; 1929 c 122 § 4; 1917 c 117 § 31; Rem.
Supp. 1947 § 7382. Formerly RCW 90.20.050 and
90.20.060.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Inapplicability of section to RCW 90.03.290: RCW 90.14.200.
(2002 Ed.)
Water Code
90.03.300 Appropriation procedure—Diversion of
water for out-of-state use—Reciprocity. No permit for the
appropriation of water shall be denied because of the fact
that the point of diversion described in the application for
such permit, or any portion of the works in such application
described and to be constructed for the purpose of storing,
conserving, diverting or distributing such water, or because
the place of intended use or the lands to be irrigated by
means of such water, or any part thereof, may be situated in
some other state or nation, but in all such cases where either
the point of diversion or any of such works or the place of
intended use, or the lands, or part of the lands, to be
irrigated by means of such water, are situated within the
state of Washington, the permit shall issue as in other cases:
PROVIDED, HOWEVER, That the department may in its
discretion, decline to issue a permit where the point of
diversion described in the application is within the state of
Washington but the place of beneficial use in some other
state or nation, unless under the laws of such state or nation
water may be lawfully diverted within such state or nation
for beneficial use in the state of Washington. [1987 c 109
§ 87; 1921 c 103 § 3; RRS § 7383. Formerly RCW
90.20.070.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.310 Appropriation procedure—Assignability
of permit or application. Any permit to appropriate water
may be assigned subject to the conditions of the permit, but
no such assignment shall be binding or valid unless filed for
record with the department. Any application for permits to
appropriate water prior to permit issuing, may be assigned
by the applicant, but no such assignment shall be valid or
binding unless the written consent of the department is first
obtained thereto, and unless such assignment is filed for
record with the department. [1987 c 109 § 88; 1917 c 117
§ 32; RRS § 7384. Prior: 1891 c 142 § 6. Formerly RCW
90.20.080.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.320 Appropriation procedure—Construction
work. Actual construction work shall be commenced on any
project for which permit has been granted within such
reasonable time as shall be prescribed by the department,
and shall thereafter be prosecuted with diligence and
completed within the time prescribed by the department.
The department, in fixing the time for the commencement of
the work, or for the completion thereof and the application
of the water to the beneficial use prescribed in the permit,
shall take into consideration the cost and magnitude of the
project and the engineering and physical features to be
encountered, and shall allow such time as shall be reasonable
and just under the conditions then existing, having due
regard for the public welfare and public interests affected.
For good cause shown, the department shall extend the time
or times fixed as aforesaid, and shall grant such further
period or periods as may be reasonably necessary, having
due regard to the good faith of the applicant and the public
interests affected. Good cause includes prevention or
restriction of water use by operation of federal laws for the
(2002 Ed.)
90.03.300
time or times fixed for commencing work, completing work,
and applying water to beneficial use otherwise authorized
under a water right permit issued for a federal reclamation
project. In fixing construction schedules and the time, or
extension of time, for application of water to beneficial use
for municipal water supply purposes, the department shall
also take into consideration the term and amount of financing required to complete the project, delays that may result
from planned and existing conservation and water use
efficiency measures implemented by the public water system,
and the supply needs of the public water system’s service
area, consistent with an approved comprehensive plan under
chapter 36.70A RCW, or in the absence of such a plan, a
county-approved comprehensive plan under chapter 36.70
RCW or a plan approved under chapter 35.63 RCW, and
related water demand projections prepared by public water
systems in accordance with state law. An existing comprehensive plan under chapter 36.70A or 36.70 RCW, plan
under chapter 35.63 RCW, or demand projection may be
used. If the terms of the permit or extension thereof, are not
complied with the department shall give notice by registered
mail that such permit will be canceled unless the holders
thereof shall show cause within sixty days why the same
should not be so canceled. If cause is not shown, the permit
shall be canceled. [1999 c 400 § 1; 1997 c 445 § 3; 1987
c 109 § 67; 1917 c 117 § 33; RRS § 7385. Formerly RCW
90.20.090.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.330 Appropriation procedure—Water right
certificate. Upon a showing satisfactory to the department
that any appropriation has been perfected in accordance with
the provisions of this chapter, it shall be the duty of the
department to issue to the applicant a certificate stating such
facts in a form to be prescribed by him, and such certificate
shall thereupon be recorded with the department. Any
original water right certificate issued, as provided by this
chapter, shall be recorded with the department and thereafter,
at the expense of the party receiving the same, be by the
department transmitted to the county auditor of the county or
counties where the distributing system or any part thereof is
located, and be recorded in the office of such county auditor,
and thereafter be transmitted to the owner thereof. [1987 c
109 § 89; 1929 c 122 § 5; 1917 c 117 § 34; RRS § 7386.
Formerly RCW 90.20.100.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.340 Appropriation procedure—Effective date
of water right. The right acquired by appropriation shall
relate back to the date of filing of the original application
with the department. [1987 c 109 § 90; 1917 c 117 § 35;
RRS § 7387. Formerly RCW 90.20.110.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.345 Establishment of reservations of water for
certain purposes and minimum flows or levels as constituting appropriations with priority dates. The establishment of reservations of water for agriculture, hydroelec[Title 90 RCW—page 11]
90.03.345
Title 90 RCW: Water Rights—Environment
tric energy, municipal, industrial, and other beneficial uses
under RCW 90.54.050(1) or minimum flows or levels under
RCW 90.22.010 or 90.54.040 shall constitute appropriations
within the meaning of this chapter with priority dates as of
the effective dates of their establishment. Whenever an
application for a permit to make beneficial use of public
waters embodied in a reservation, established after September 1, 1979, is filed with the department of ecology after the
effective date of such reservation, the priority date for a
permit issued pursuant to an approval by the department of
ecology of the application shall be the effective date of the
reservation. [1979 ex.s. c 216 § 7.]
Effective date—Severability—1979 ex.s. c 216: See notes following
RCW 90.03.245.
90.03.350 Construction or modification of storage
dam—Plans and specifications—Additional dam safety
inspection requirements for metals mining and milling
operations. Except as provided in RCW 43.21A.068, any
person, corporation or association intending to construct or
modify any dam or controlling works for the storage of ten
acre feet or more of water, shall before beginning said construction or modification, submit plans and specifications of
the same to the department for examination and approval as
to its safety. Such plans and specifications shall be submitted in duplicate, one copy of which shall be retained as a
public record, by the department, and the other returned with
its approval or rejection endorsed thereon. No such dam or
controlling works shall be constructed or modified until the
same or any modification thereof shall have been approved
as to its safety by the department. Any such dam or
controlling works constructed or modified in any manner
other than in accordance with plans and specifications
approved by the department or which shall not be maintained
in accordance with the order of the department shall be
presumed to be a public nuisance and may be abated in the
manner provided by law, and it shall be the duty of the
attorney general or prosecuting attorney of the county
wherein such dam or controlling works, or the major portion
thereof, is situated to institute abatement proceedings against
the owner or owners of such dam or controlling works,
whenever he or she is requested to do so by the department.
A metals mining and milling operation regulated under
chapter 232, Laws of 1994 is subject to additional dam
safety inspection requirements due to the special hazards
associated with failure of a tailings pond impoundment. The
department shall inspect these impoundments at least
quarterly during the project’s operation and at least annually
thereafter for the postclosure monitoring period in order to
ensure the safety of the dam or controlling works. The
department shall conduct additional inspections as needed
during the construction phase of the mining operation in
order to ensure the safe construction of the tailings impoundment. [1995 c 8 § 6; 1994 c 232 § 20; 1987 c 109 § 91;
1955 c 362 § 1; 1939 c 107 § 1; 1917 c 117 § 36; RRS §
7388. Formerly RCW 90.28.060.] [1954 SLC-RO-18.]
Findings—1995 c 8: See note following RCW 43.21A.064.
Severability—1994 c 232: See RCW 78.56.900.
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
[Title 90 RCW—page 12]
Height of dams on tributaries of Columbia river: RCW 77.55.160.
90.03.360 Controlling works and measuring devices—Metering of diversions—Impact on fish stock. (1)
The owner or owners of any water diversion shall maintain,
to the satisfaction of the department of ecology, substantial
controlling works and a measuring device constructed and
maintained to permit accurate measurement and practical
regulation of the flow of water diverted. Every owner or
manager of a reservoir for the storage of water shall construct and maintain, when required by the department, any
measuring device necessary to ascertain the natural flow into
and out of said reservoir.
Metering of diversions or measurement by other
approved methods shall be required as a condition for all
new surface water right permits, and except as provided in
subsection (2) of this section, may be required as a condition
for all previously existing surface water rights. The department may also require, as a condition for all water rights,
metering of diversions, and reports regarding such metered
diversions as to the amount of water being diverted. Such
reports shall be in a form prescribed by the department.
(2) Where water diversions are from waters in which the
salmonid stock status is depressed or critical, as determined
by the department of fish and wildlife, or where the volume
of water being diverted exceeds one cubic foot per second,
the department shall require metering or measurement by
other approved methods as a condition for all new and
previously existing water rights or claims. The department
shall attempt to integrate the requirements of this subsection
into its existing compliance workload priorities, but shall
prioritize the requirements of this subsection ahead of the
existing compliance workload where a delay may cause the
decline of wild salmonids. The department shall notify the
department of fish and wildlife of the status of fish screens
associated with these diversions.
This subsection (2) shall not apply to diversions for
public or private hatcheries or fish rearing facilities if the
diverted water is returned directly to the waters from which
it was diverted. [1994 c 264 § 85; 1993 sp.s. c 4 § 12; 1989
c 348 § 6; 1987 c 109 § 92; 1917 c 117 § 37; RRS § 7389.
Formerly RCW 90.28.070.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Instream flows: RCW 90.22.060.
90.03.370 Reservoir permits—Secondary permits—
Expedited processing—Underground artificial storage
and recovery project standards and rules—Report to the
legislature. (1)(a) All applications for reservoir permits are
subject to the provisions of RCW 90.03.250 through
90.03.320. But the party or parties proposing to apply to a
beneficial use the water stored in any such reservoir shall
also file an application for a permit, to be known as the
secondary permit, which shall be in compliance with the
provisions of RCW 90.03.250 through 90.03.320. Such
secondary application shall refer to such reservoir as its
source of water supply and shall show documentary evidence
(2002 Ed.)
Water Code
that an agreement has been entered into with the owners of
the reservoir for a permanent and sufficient interest in said
reservoir to impound enough water for the purposes set forth
in said application. When the beneficial use has been
completed and perfected under the secondary permit, the
department shall take the proof of the water users under such
permit and the final certificate of appropriation shall refer to
both the ditch and works described in the secondary permit
and the reservoir described in the primary permit. The
department may accept for processing a single application
form covering both a proposed reservoir and a proposed
secondary permit or permits for use of water from that
reservoir.
(b) The department shall expedite processing applications for the following types of storage proposals:
(i) Development of storage facilities that will not require
a new water right for diversion or withdrawal of the water
to be stored;
(ii) Adding or changing one or more purposes of use of
stored water;
(iii) Adding to the storage capacity of an existing
storage facility; and
(iv) Applications for secondary permits to secure use
from existing storage facilities.
(c) A secondary permit for the beneficial use of water
shall not be required for use of water stored in a reservoir
where the water right for the source of the stored water
authorizes the beneficial use.
(2)(a) For the purposes of this section, "reservoir"
includes, in addition to any surface reservoir, any naturally
occurring underground geological formation where water is
collected and stored for subsequent use as part of an underground artificial storage and recovery project. To qualify for
issuance of a reservoir permit an underground geological
formation must meet standards for review and mitigation of
adverse impacts identified, for the following issues:
(i) Aquifer vulnerability and hydraulic continuity;
(ii) Potential impairment of existing water rights;
(iii) Geotechnical impacts and aquifer boundaries and
characteristics;
(iv) Chemical compatibility of surface waters and
ground water;
(v) Recharge and recovery treatment requirements;
(vi) System operation;
(vii) Water rights and ownership of water stored for
recovery; and
(viii) Environmental impacts.
(b) Standards for review and standards for mitigation of
adverse impacts for an underground artificial storage and
recovery project shall be established by the department by
rule. Notwithstanding the provisions of RCW 90.03.250
through 90.03.320, analysis of each underground artificial
storage and recovery project and each underground geological formation for which an applicant seeks the status of a
reservoir shall be through applicant-initiated studies reviewed
by the department.
(3) For the purposes of this section, "underground
artificial storage and recovery project" means any project in
which it is intended to artificially store water in the ground
through injection, surface spreading and infiltration, or other
department-approved method, and to make subsequent use of
the stored water. However, (a) this subsection does not
(2002 Ed.)
90.03.370
apply to irrigation return flow, or to operational and seepage
losses that occur during the irrigation of land, or to water
that is artificially stored due to the construction, operation,
or maintenance of an irrigation district project, or to projects
involving water reclaimed in accordance with chapter 90.46
RCW; and (b) RCW 90.44.130 applies to those instances of
claimed artificial recharge occurring due to the construction,
operation, or maintenance of an irrigation district project or
operational and seepage losses that occur during the irrigation of land, as well as other forms of claimed artificial
recharge already existing at the time a ground water subarea
is established.
(4) Nothing in chapter 98, Laws of 2000 changes the
requirements of existing law governing issuance of permits
to appropriate or withdraw the waters of the state.
(5) The department shall report to the legislature by
December 31, 2001, on the standards for review and standards for mitigation developed under subsection (3) of this
section and on the status of any applications that have been
filed with the department for underground artificial storage
and recovery projects by that date.
(6) Where needed to ensure that existing storage
capacity is effectively and efficiently used to meet multiple
purposes, the department may authorize reservoirs to be
filled more than once per year or more than once per season
of use. [2002 c 329 § 10; 2000 c 98 § 3; 1987 c 109 § 93;
1917 c 117 § 38; RRS § 7390. Formerly RCW 90.28.080.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.380 Right to water attaches to land—Transfer
or change in point of diversion—Transfer of rights from
one district to another—Priority of water rights applications. (1) The right to the use of water which has been
applied to a beneficial use in the state shall be and remain
appurtenant to the land or place upon which the same is
used: PROVIDED, HOWEVER, That the right may be
transferred to another or to others and become appurtenant
to any other land or place of use without loss of priority of
right theretofore established if such change can be made
without detriment or injury to existing rights. The point of
diversion of water for beneficial use or the purpose of use
may be changed, if such change can be made without
detriment or injury to existing rights. A change in the place
of use, point of diversion, and/or purpose of use of a water
right to enable irrigation of additional acreage or the addition
of new uses may be permitted if such change results in no
increase in the annual consumptive quantity of water used
under the water right. For purposes of this section, "annual
consumptive quantity" means the estimated or actual annual
amount of water diverted pursuant to the water right,
reduced by the estimated annual amount of return flows,
averaged over the two years of greatest use within the most
recent five-year period of continuous beneficial use of the
water right. Before any transfer of such right to use water
or change of the point of diversion of water or change of
purpose of use can be made, any person having an interest
in the transfer or change, shall file a written application
therefor with the department, and the application shall not be
granted until notice of the application is published as
provided in RCW 90.03.280. If it shall appear that such
transfer or such change may be made without injury or
[Title 90 RCW—page 13]
90.03.380
Title 90 RCW: Water Rights—Environment
detriment to existing rights, the department shall issue to the
applicant a certificate in duplicate granting the right for such
transfer or for such change of point of diversion or of use.
The certificate so issued shall be filed and be made a record
with the department and the duplicate certificate issued to
the applicant may be filed with the county auditor in like
manner and with the same effect as provided in the original
certificate or permit to divert water.
(2) If an application for change proposes to transfer
water rights from one irrigation district to another, the
department shall, before publication of notice, receive
concurrence from each of the irrigation districts that such
transfer or change will not adversely affect the ability to deliver water to other landowners or impair the financial
integrity of either of the districts.
(3) A change in place of use by an individual water user
or users of water provided by an irrigation district need only
receive approval for the change from the board of directors
of the district if the use of water continues within the
irrigation district, and when water is provided by an irrigation entity that is a member of a board of joint control
created under chapter 87.80 RCW, approval need only be
received from the board of joint control if the use of water
continues within the area of jurisdiction of the joint board
and the change can be made without detriment or injury to
existing rights.
(4) This section shall not apply to trust water rights acquired by the state through the funding of water conservation
projects under chapter 90.38 RCW or RCW 90.42.010
through 90.42.070.
(5)(a) Pending applications for new water rights are not
entitled to protection from impairment, injury, or detriment
when an application relating to an existing surface or ground
water right is considered.
(b) Applications relating to existing surface or ground
water rights may be processed and decisions on them
rendered independently of processing and rendering decisions
on pending applications for new water rights within the same
source of supply without regard to the date of filing of the
pending applications for new water rights.
(c) Notwithstanding any other existing authority to
process applications, including but not limited to the authority to process applications under WAC 173-152-050 as it
existed on January 1, 2001, an application relating to an existing surface or ground water right may be processed ahead
of a previously filed application relating to an existing right
when sufficient information for a decision on the previously
filed application is not available and the applicant for the
previously filed application is sent written notice that
explains what information is not available and informs the
applicant that processing of the next application will begin.
The previously filed application does not lose its priority
date and if the information is provided by the applicant
within sixty days, the previously filed application shall be
processed at that time. This subsection (5)(c) does not affect
any other existing authority to process applications.
(d) Nothing in this subsection (5) is intended to stop the
processing of applications for new water rights.
(6) No applicant for a change, transfer, or amendment
of a water right may be required to give up any part of the
applicant’s valid water right or claim to a state agency, the
[Title 90 RCW—page 14]
trust water rights program, or to other persons as a condition
of processing the application.
(7) In revising the provisions of this section and adding
provisions to this section by chapter 237, Laws of 2001, the
legislature does not intend to imply legislative approval or
disapproval of any existing administrative policy regarding,
or any existing administrative or judicial interpretation of,
the provisions of this section not expressly added or revised.
[2001 c 237 § 5; 1997 c 442 § 801; 1996 c 320 § 19; 1991
c 347 § 15; 1987 c 109 § 94; 1929 c 122 § 6; 1917 c 117 §
39; RRS § 7391. Formerly RCW 90.28.090.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
Part headings not law—Severability—1997 c 442: See RCW
90.82.900 and 90.82.901.
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.03.383 Interties—Findings—Definitions—Review
and approval. (1) The legislature recognizes the value of
interties for improving the reliability of public water systems, enhancing their management, and more efficiently
utilizing the increasingly limited resource. Given the continued growth in the most populous areas of the state, the
increased complexity of public water supply management,
and the trend toward regional planning and regional solutions
to resource issues, interconnections of public water systems
through interties provide a valuable tool to ensure reliable
public water supplies for the citizens of the state. Public
water systems have been encouraged in the past to utilize
interties to achieve public health and resource management
objectives. The legislature finds that it is in the public
interest to recognize interties existing and in use as of
January 1, 1991, and to have associated water rights modified by the department of ecology to reflect current use of
water through those interties, pursuant to subsection (3) of
this section. The legislature further finds it in the public
interest to develop a coordinated process to review proposals
for interties commencing use after January 1, 1991.
(2) For the purposes of this section, the following
definitions shall apply:
(a) "Interties" are interconnections between public water
systems permitting exchange or delivery of water between
those systems for other than emergency supply purposes,
where such exchange or delivery is within established
instantaneous and annual withdrawal rates specified in the
systems’ existing water right permits or certificates, or
contained in claims filed pursuant to chapter 90.14 RCW,
and which results in better management of public water
supply consistent with existing rights and obligations.
Interties include interconnections between public water
systems permitting exchange or delivery of water to serve as
primary or secondary sources of supply, but do not include
development of new sources of supply to meet future
demand.
(b) "Service area" is the area designated in a water
system plan or a coordinated water system plan pursuant to
chapter 43.20 or 70.116 RCW respectively. When a public
(2002 Ed.)
Water Code
water system does not have a designated service area subject
to the approval process of those chapters, the service area
shall be the designated place of use contained in the water
right permit or certificate, or contained in the claim filed
pursuant to chapter 90.14 RCW.
(3) Public water systems with interties existing and in
use as of January 1, 1991, or that have received written
approval from the department of health prior to that date,
shall file written notice of those interties with the department
of health and the department of ecology. The notice may be
incorporated into the public water system’s five-year update
of its water system plan, but shall be filed no later than June
30, 1996. The notice shall identify the location of the
intertie; the dates of its first use; the purpose, capacity, and
current use; the intertie agreement of the parties and the
service areas assigned; and other information reasonably
necessary to modify the water right permit. Notwithstanding
the provisions of RCW 90.03.380 and 90.44.100, for public
water systems with interties existing and in use as of January
1, 1991, the department of ecology, upon receipt of notice
meeting the requirements of this subsection, shall, as soon as
practicable, modify the place of use descriptions in the water
right permits, certificates, or claims to reflect the actual use
through such interties, provided that the place of use is
within service area designations established in a water
system plan approved pursuant to chapter 43.20 RCW, or a
coordinated water system plan approved pursuant to chapter
70.116 RCW, and further provided that the water used is
within the instantaneous and annual withdrawal rates
specified in the water right permit and that no outstanding
complaints of impairment to existing water rights have been
filed with the department of ecology prior to September 1,
1991. Where such complaints of impairment have been
received, the department of ecology shall make all reasonable efforts to resolve them in a timely manner through
agreement of the parties or through available administrative
remedies.
(4) Notwithstanding the provisions of RCW 90.03.380
and 90.44.100, exchange or delivery of water through
interties commencing use after January 1, 1991, shall be
permitted when the intertie improves overall system reliability, enhances the manageability of the systems, provides
opportunities for conjunctive use, or delays or avoids the
need to develop new water sources, and otherwise meets the
requirements of this section, provided that each public water
system’s water use shall not exceed the instantaneous or
annual withdrawal rate specified in its water right authorization, shall not adversely affect existing water rights, and
shall not be inconsistent with state-approved plans such as
water system plans or other plans which include specific proposals for construction of interties. Interties commencing
use after January 1, 1991, shall not be inconsistent with
regional water resource plans developed pursuant to chapter
90.54 RCW.
(5) For public water systems subject to the approval
process of chapter 43.20 RCW or chapter 70.116 RCW,
proposals for interties commencing use after January 1,
1991, shall be incorporated into water system plans pursuant
to chapter 43.20 RCW or coordinated water system plans
pursuant to chapter 70.116 RCW and submitted to the
department of health and the department of ecology for
review and approval as provided for in subsections (5)
(2002 Ed.)
90.03.383
through (9) of this section. The plan shall state how the
proposed intertie will improve overall system reliability,
enhance the manageability of the systems, provide opportunities for conjunctive use, or delay or avoid the need to
develop new water sources.
(6) The department of health shall be responsible for
review and approval of proposals for new interties. In its
review the department of health shall determine whether the
intertie satisfies the criteria of subsection (4) of this section,
with the exception of water rights considerations, which are
the responsibility of the department of ecology, and shall
determine whether the intertie is necessary to address
emergent public health or safety concerns associated with
public water supply.
(7) If the intertie is determined by the department of
health to be necessary to address emergent public health or
safety concerns associated with public water supply, the
public water system shall amend its water system plan as
required and shall file an application with the department of
ecology to change its existing water right to reflect the
proposed use of the water as described in the approved water
system plan. The department of ecology shall process the
application for change pursuant to RCW 90.03.380 or
90.44.100 as appropriate, except that, notwithstanding the
requirements of those sections regarding notice and protest
periods, applicants shall be required to publish notice one
time, and the comment period shall be fifteen days from the
date of publication of the notice. Within sixty days of
receiving the application, the department of ecology shall
issue findings and advise the department of health if existing
water rights are determined to be adversely affected. If no
determination is provided by the department of ecology
within the sixty-day period, the department of health shall
proceed as if existing rights are not adversely affected by the
proposed intertie. The department of ecology may obtain an
extension of the sixty-day period by submitting written
notice to the department of health and to the applicant indicating a definite date by which its determination will be
made. No additional extensions shall be granted, and in no
event shall the total review period for the department of
ecology exceed one hundred eighty days.
(8) If the department of health determines the proposed
intertie appears to meet the requirements of subsection (4) of
this section but is not necessary to address emergent public
health or safety concerns associated with public water
supply, the department of health shall instruct the applicant
to submit to the department of ecology an application for
change to the underlying water right or claim as necessary
to reflect the new place of use. The department of ecology
shall consider the applications pursuant to the provisions of
RCW 90.03.380 and 90.44.100 as appropriate. If in its
review of proposed interties and associated water rights the
department of ecology determines that additional information
is required to act on the application, the department may
request applicants to provide information necessary for its
decision, consistent with agency rules and written guidelines.
Parties disagreeing with the decision of the department of
ecology on the application for change in place of use may
appeal the decision to the pollution control hearings board.
(9) The department of health may approve plans
containing intertie proposals prior to the department of
ecology’s decision on the water right application for change
[Title 90 RCW—page 15]
90.03.383
Title 90 RCW: Water Rights—Environment
in place of use. However, notwithstanding such approval,
construction work on the intertie shall not begin until the
department of ecology issues the appropriate water right
document to the applicant consistent with the approved plan.
[1991 c 350 § 1.]
90.03.386 Coordination of approval procedures for
compliance and consistency with approved water system
plan. Within service areas established pursuant to chapters
43.20 and 70.116 RCW, the department of ecology and the
department of health shall coordinate approval procedures to
ensure compliance and consistency with the approved water
system plan. [1991 c 350 § 2.]
90.03.390 Temporary changes—Emergency
interties—Rotation in use. RCW 90.03.380 shall not be
construed to prevent water users from making a seasonal or
temporary change of point of diversion or place of use of
water when such change can be made without detriment to
existing rights, but in no case shall such change be made
without the permission of the water master of the district in
which such proposed change is located, or of the department.
Nor shall RCW 90.03.380 be construed to prevent construction of emergency interties between public water systems to
permit exchange of water during short-term emergency
situations, or rotation in the use of water for bringing about
a more economical use of the available supply, provided
however, that the department of health in consultation with
the department of ecology shall adopt rules or develop
written guidelines setting forth standards for determining
when a short-term emergency exists and the circumstances
in which emergency interties are permitted. The rules or
guidelines shall be consistent with the procedures established
in RCW 43.83B.400 through 43.83B.420. Water users
owning lands to which water rights are attached may rotate
in the use of water to which they are collectively entitled, or
an individual water user having lands to which are attached
water rights of a different priority, may in like manner rotate
in use when such rotation can be made without detriment to
other existing water rights, and has the approval of the water
master or department. [1991 c 350 § 3; 1987 c 109 § 95;
1929 c 122 § 7; RRS § 7391a. Formerly RCW 90.28.100.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.395 Change of point of diversion to downstream intake structure—Intent. The legislature intends
to allow modification of the point of diversion in a water
right permit when such a modification will provide both
environmental benefits and water supply benefits and nothing
in RCW 90.03.397 is to be construed as allowing any other
change or transfer of a right to the use of surface water
which has not been applied to a beneficial use. [1999 c 232
§ 1.]
90.03.397 Change of point of diversion to downstream intake structure—Conditions for approval. The
department may approve a change of the point of diversion
prescribed in a permit to appropriate water for a beneficial
use to a point of diversion that is located downstream and is
an existing approved intake structure with capacity to
[Title 90 RCW—page 16]
transport the additional diversion, if the ownership, purpose
of use, season of use, and place of use of the permit remain
the same.
This section may not be construed as limiting in any
manner whatsoever other authorities of the department under
RCW 90.03.380 or other changes that may be approved
under RCW 90.03.380 under authorities existing before July
25, 1999. [1999 c 232 § 2.]
90.03.400
Crimes against water code—
Unauthorized use of water. The unauthorized use of water
to which another person is entitled or the wilful or negligent
waste of water to the detriment of another, shall be a
misdemeanor. The possession or use of water without legal
right shall be prima facie evidence of the guilt of the person
using it. It shall also be a misdemeanor to use, store or
divert any water until after the issuance of permit to appropriate such water. [1917 c 117 § 40; RRS § 7392. Formerly RCW 90.32.010.]
Punishment of misdemeanor when not fixed by statute: RCW 9.92.030.
90.03.410 Crimes against water code—Interference
with works—Wrongful use of water—Property destruction—Penalty. (1) Any person or persons who shall
wilfully interfere with, or injure or destroy any dam, dike,
headgate, weir, canal or reservoir, flume or other structure or
appliance for the diversion, carriage, storage, apportionment
or measurement of water for irrigation, reclamation, power
or other beneficial uses, or who shall wilfully use or conduct
water into or through his ditch, which has been lawfully
denied him by the water master or other competent authority,
or shall wilfully injure or destroy any telegraph, telephone or
electric transmission line, or any other property owned,
occupied or controlled by any person, association, or
corporation, or by the United States and used in connection
with said beneficial use of water, shall be guilty of a
misdemeanor or, if there is actual physical injury to or
destruction of any real or personal property, of property
destruction and shall incur the penalties set forth in *RCW
9.61.070.
(2) Any person or persons who shall wilfully or unlawfully take or use water, or conduct the same into his ditch or
to his land, or land occupied by him, and for such purpose
shall cut, dig, break down or open any headgate, bank,
embankment, canal or reservoir, flume or conduit, or
interfere with, injure or destroy any weir, measuring box or
other appliance for the apportionment and measurement of
water, or unlawfully take or cause to run or pour out of such
structure or appliance any water, shall be guilty of a misdemeanor or, if there is actual physical injury to or destruction
of any real or personal property, of property destruction and
shall incur the penalties set forth in *RCW 9.61.070.
(3) The use of water through such structure or structures, appliance or appliances hereinbefore named after its or
their having been interfered with, injured or destroyed, shall
be prima facie evidence of the guilt of the person using it.
[1971 ex.s. c 152 § 8; 1921 c 103 § 2; 1917 c 117 § 41;
RRS § 7393. Formerly RCW 90.32.020.]
*Reviser’s note: RCW 9.61.070 was repealed by 1975 1st ex.s. c 260
§ 9A.92.010, effective July 1, 1976.
(2002 Ed.)
Water Code
90.03.420 Crimes against water code—Obstruction
of right of way. Whenever any appropriator of water has
the lawful right of way for the storage, diversion, or carriage
of water, it shall be unlawful to place or maintain any
obstruction that shall interfere with the use of the works, or
prevent convenient access thereto or trespass thereon. [1917
c 117 § 42; RRS § 7394. Formerly RCW 90.32.030.]
90.03.430 Partnership ditches—Action for reimbursement for work done. In all cases where irrigating
ditches are owned by two or more persons and one or more
of such persons shall fail or neglect to do his, her or their
proportionate share of the work necessary for the proper
maintenance and operation of such ditch or ditches or to
construct suitable headgates or measuring devices at the
points where water is diverted from the main ditch, such
owner or owners desiring the performance of such work as
is reasonably necessary to maintain the ditch, may, after
having given ten days’ written notice to such owner or
owners who have failed to perform his, her or their proportionate share of such work, necessary for the operation and
maintenance of said ditch or ditches, perform his, her or
their share of such work, and recover therefor from such
person or persons so failing to perform his, her or their share
of such work in any court having jurisdiction of the matter
the expense or value of such work or labor so performed:
PROVIDED, That no improvement involving an expenditure
in excess of one hundred dollars shall be made without the
written approval of the department having first been obtained. [1987 c 109 § 96; 1919 c 71 § 3; RRS § 7395.
Formerly RCW 90.28.110.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.440 Partnership ditches—Procedure for
division of water between joint owners. When two or
more persons, joint owners in an irrigation ditch or reservoir,
not incorporated, or their lessees, are unable to agree relative
to the division or distribution of water received through their
ditch or from their reservoir, and where there is no disagreement as to the ownership of said water, it shall be lawful for
any such owner or owners, his or their lessee or lessees, or
either of them, to apply to the department, in writing, setting
forth such fact and giving such information as shall enable
the department to estimate the probable expense of such service, asking the department to appoint some suitable person
to take charge of such ditch or reservoir for the purpose of
making a just division or distribution of the water from the
same to the parties entitled to the use thereof. The department shall upon the receipt of such application notify the
applicant of the probable expense of such division and upon
receipt of certified check for said amount, the department
shall appoint a suitable person to make such division. The
person so appointed shall take exclusive charge of such ditch
or reservoir for the purpose of dividing the water therefrom
in accordance with the established rights of the diverters
therefrom, and continue the said work until the necessity
therefor shall cease to exist. The expense of such investigation and division shall be a charge upon all of the co-owners
and the person advancing the payment to the department
shall be entitled to recover in any court of competent
(2002 Ed.)
90.03.420
jurisdiction from his co-owners their proportionate share of
the expense. [1987 c 109 § 97; 1919 c 71 § 4; RRS § 7396.
Formerly RCW 90.28.130.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.450 Partnership ditches—Lien for labor
performed. Upon the failure of any co-owner to pay his
proportionate share of such expense as mentioned in RCW
90.03.430 within thirty days after receiving a statement of
the same as performed by his co-owner or owners, such
person or persons so performing such labor may secure
payment of said claim by filing an itemized and sworn
statement thereof, setting forth the date of the performance
and the nature of the labor so performed, with the county
auditor of the county wherein said ditch is situated, and
when so filed it shall constitute a valid lien against the
interest of such person or persons who shall fail to perform
their proportionate share of the work requisite to the proper
maintenance of said ditch, which said lien when so taken
may be enforced in the same manner as provided by law for
the enforcement of mechanics’ and builders’ liens. [1919 c
71 § 5; RRS § 7397. Formerly RCW 90.28.120.]
Mechanics’ and materialmen’s liens: Chapter 60.04 RCW.
90.03.460 Inchoate rights not affected. Nothing in
this chapter contained shall operate to effect an impairment
of any inchoate right to divert and use water while the
application of the water in question to a beneficial use is
being prosecuted with reasonable diligence, having due
regard to the circumstances surrounding the enterprise,
including the magnitude of the project for putting the water
to a beneficial use and the market for the resulting water
right for irrigation or power or other beneficial use, in the
locality in question. [1917 c 117 § 43; RRS § 7398.
Formerly RCW 90.28.140.]
90.03.470 Schedule of fees. Except as otherwise
provided in subsection (15) of this section, the following fees
shall be collected by the department in advance:
(1) For the examination of an application for permit to
appropriate water or on application to change point of
diversion, withdrawal, purpose or place of use, a minimum
of ten dollars, to be paid with the application. For each
second foot between one and five hundred second feet, two
dollars per second foot; for each second foot between five
hundred and two thousand second feet, fifty cents per second
foot; and for each second foot in excess thereof, twenty
cents per second foot. For each acre foot of storage up to
and including one hundred thousand acre feet, one cent per
acre foot, and for each acre foot in excess thereof, one-fifth
cent per acre foot. The ten dollar fee payable with the
application shall be a credit to that amount whenever the fee
for direct diversion or storage totals more than ten dollars
under the above schedule and in such case the further fee
due shall be the total computed amount less ten dollars.
Within five days from receipt of an application the
department shall notify the applicant by registered mail of
any additional fees due under the above schedule and any
additional fees shall be paid to and received by the depart[Title 90 RCW—page 17]
90.03.470
Title 90 RCW: Water Rights—Environment
ment within thirty days from the date of filing the application, or the application shall be rejected.
(2) For filing and recording a permit to appropriate
water for irrigation purposes, forty cents per acre for each
acre to be irrigated up to and including one hundred acres,
and twenty cents per acre for each acre in excess of one
hundred acres up to and including one thousand acres, and
ten cents for each acre in excess of one thousand acres; and
also twenty cents for each theoretical horsepower up to and
including one thousand horsepower, and four cents for each
theoretical horsepower in excess of one thousand horsepower, but in no instance shall the minimum fee for filing and
recording a permit to appropriate water be less than five
dollars. For all other beneficial purposes the fee shall be
twice the amount of the examination fee except that for
individual household and domestic use, which may include
water for irrigation of a family garden, the fee shall be five
dollars.
(3) For filing and recording any other water right
instrument, four dollars for the first hundred words and forty
cents for each additional hundred words or fraction thereof.
(4) For making a copy of any document recorded or
filed in his office, forty cents for each hundred words or
fraction thereof, but when the amount exceeds twenty
dollars, only the actual cost in excess of that amount shall be
charged.
(5) For certifying to copies, documents, records or
maps, two dollars for each certification.
(6) For blueprint copies of a map or drawing, or, for
such other work of a similar nature as may be required of
the department, at actual cost of the work.
(7) For granting each extension of time for beginning
construction work under a permit to appropriate water, an
amount equal to one-half of the filing and recording fee,
except that the minimum fee shall be not less than five
dollars for each year that an extension is granted, and for
granting an extension of time for completion of construction
work or for completing application of water to a beneficial
use, five dollars for each year that an extension is granted.
(8) For the inspection of any hydraulic works to insure
safety to life and property, the actual cost of the inspection,
including the expense incident thereto.
(9) For the examination of plans and specifications as to
safety of controlling works for storage of ten acre feet or
more of water, a minimum fee of ten dollars, or the actual
cost.
(10) For recording an assignment either of a permit to
appropriate water or of an application for such a permit, a
fee of five dollars.
(11) For preparing and issuing all water right certificates, five dollars.
(12) For filing and recording a protest against granting
any application, two dollars.
(13) The department shall provide timely notification by
certified mail with return receipt requested to applicants that
fees are due. No action may be taken until the fee is paid
in full. Failure to remit fees within sixty days of the
department’s notification shall be grounds for rejecting the
application or canceling the permit. Cash shall not be
accepted. Fees must be paid by check or money order and
are nonrefundable.
[Title 90 RCW—page 18]
(14) For purposes of calculating fees for ground water
filings, one cubic foot per second shall be regarded as
equivalent to four hundred fifty gallons per minute.
(15) For the period beginning July 1, 1993, and ending
June 30, 1994, there is imposed and the department shall
collect a one hundred dollar surcharge on all water rights
applications or changes filed under this section, and upon all
water rights applications or changes pending as of July 1,
1993. This charge shall be in addition to any other fees
imposed under this section. [1993 c 495 § 2; 1987 c 109 §
98; 1965 ex.s. c 160 § 1; 1951 c 57 § 5; 1929 c 122 § 8;
1925 ex.s. c 161 § 2; 1917 c 117 § 44; RRS § 7399.
Formerly RCW 90.04.040.]
Findings—1993 c 495: "The legislature finds that a water right
confers significant economic benefits to the water right holder. The fees
associated with acquiring a water right have not changed significantly since
1917. Water rights applicants pay less than two percent of the costs of the
administration of the water rights program. The legislature finds that, since
water rights are of significant value, water rights applicants should
contribute more to the cost of administration of the water rights program.
The legislature also finds that an abrupt increase in water rights fees
could be disruptive to water rights holders and applicants. The legislature
further finds that water rights applicants have a right to know that the water
rights program is being administered efficiently and that the fees charged for
various services relate directly to the cost of providing those services.
Therefore, the legislature creates a task force to review the water
rights program, to make recommendations for streamlining the application
process and increasing the overall efficiency and accountability of the
administration of the program, and to return to the legislature with a
proposal for a fee schedule where the fee levels relate clearly to the cost of
services provided." [1993 c 495 § 1.]
Reviser’s note: 1993 c 495 § 3 created a water rights task force that
expired June 30, 1994.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.471 Disposition of fees. All fees, collections
and revenues derived under RCW 90.03.470 or by virtue of
RCW 90.03.180, shall be used exclusively for the purpose of
carrying out the work and performing the functions of the
division of water resources of the department. [1987 c 109
§ 99; 1925 ex.s. c 161 § 3; RRS § 7399-1.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.500 Storm water control facilities—Imposition
of rates and charges—Legislative findings. The legislature
finds that increasing the surface water or storm water
accumulation on or flow over real property, beyond that
which naturally occurs on the real property, may cause
severe damage to the real property and limit the gainful use
or enjoyment of the real property, resulting in a tort, nuisance, or taking. The damage can arise from activities
increasing the point or nonpoint flow of surface water or
storm water over the real property, or altering or interrupting
the natural drainage from the real property. The legislature
finds that it is in the public interest to permit the construction and operation of public improvements to lessen the
damage. The legislature further finds that it is in the public
interest to provide for the equitable imposition of special
assessments, rates, and charges to fund such improvements.
This shall include the imposition of special assessments,
rates, and charges on real property to fund that reasonable
portion of the public improvements that alleviate the damage
arising from activities that are the proximate cause of the
(2002 Ed.)
Water Code
damage on other real property. Except as otherwise provided in RCW 90.03.525, these special assessments, rates, and
charges may be imposed on any publicly-owned, including
state-owned, real property that causes such damage. [1986
c 278 § 62; 1983 c 315 § 8.]
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 315 § 26.]
Flood control zone districts—Storm water control improvements: Chapter
86.15 RCW.
Public property subject to rates and charges for storm water control
facilities: RCW 35.67.025, 35.92.021, 36.89.085, and 36.94.145.
90.03.510 Storm water control facilities—Imposition
of rates and charges—Credit for other improvements.
Whenever a county, city, town, water-sewer district, or flood
control zone district imposes rates or charges to fund storm
water control facilities or improvements and the operation
and maintenance of such facilities or improvements under
RCW 35.67.020, 35.92.020, 36.89.080, 36.94.140, 57.08.005,
or 57.08.081, it may provide a credit for the value of storm
water control facilities or improvements that a person or
entity has installed or located that mitigate or lessen the
impact of storm water which otherwise would occur. [1996
c 230 § 1616; 1986 c 278 § 63; 1983 c 315 § 9.]
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1986 c 278: See note following RCW 36.01.010.
Severability—1983 c 315: See note following RCW 90.03.500.
90.03.520 Storm water control facilities—Imposition
of rates and charges—Definitions. The definitions set
forth in this section apply to RCW 90.03.525 and 35.67.025.
(1) "State highway right of way" means the right of way
for a state highway. The phrase includes the right of way of
a state limited-access highway inside or outside a city or
town but does not include city or town streets forming a part
of the route of state highways that are not limited-access
highways. The term does not include state property under
the jurisdiction of the department of transportation that is
outside the right of way lines of a state highway.
(2) "Storm water control facility" means any facility,
improvement, development, property, or interest therein,
made, constructed, or acquired for the purpose of controlling,
or protecting life or property from, any storm, waste, flood,
or surplus waters.
(3) "Rate" means the dollar amount charged per unit of
surface area of a parcel of real property based upon factors
established by the local government utility.
(4) "Comparable real property" means real property
equal to the state highway right of way or a section of state
highway right of way in terms of the factors considered by
the local government utility in establishing rates. [1986 c
278 § 53.]
Severability—1986 c 278: See note following RCW 36.01.010.
Public property subject to rates and charges for storm water control
facilities: RCW 35.67.025.
90.03.525 Storm water control facilities—Imposition
of rates and charges with respect to state highway rights
(2002 Ed.)
90.03.500
of way—Annual plan for expenditure of charges. (1) The
rate charged by a local government utility to the department
of transportation with respect to state highway right of way
or any section of state highway right of way for the construction, operation, and maintenance of storm water control
facilities under chapters 35.67, 35.92, 36.89, 36.94, 57.08,
and 86.15 RCW, shall be thirty percent of the rate for
comparable real property, except as otherwise provided in
this section. The rate charged to the department with respect
to state highway right of way or any section of state highway right of way within a local government utility’s jurisdiction shall not, however, exceed the rate charged for comparable city street or county road right of way within the same
jurisdiction. The legislature finds that the aforesaid rates are
presumptively fair and equitable because of the traditional
and continuing expenditures of the department of transportation for the construction, operation, and maintenance of
storm water control facilities designed to control surface
water or storm water runoff from state highway rights of
way.
(2) Charges paid under subsection (1) of this section by
the department of transportation must be used solely for
storm water control facilities that directly reduce state
highway runoff impacts or implementation of best management practices that will reduce the need for such facilities.
By January 1st of each year, beginning with calendar year
1997, the local government utility, in coordination with the
department, shall develop a plan for the expenditure of the
charges for that calendar year. The plan must be consistent
with the objectives identified in RCW 90.78.010. In
addition, beginning with the submittal for 1998, the utility
shall provide a progress report on the use of charges assessed for the prior year. No charges may be paid until the
plan and report have been submitted to the department.
(3) The utility imposing the charge and the department
of transportation may, however, agree to either higher or
lower rates with respect to the construction, operation, or
maintenance of any specific storm water control facilities
based upon the annual plan prescribed in subsection (2) of
this section. If a different rate is agreed to, a report so
stating shall be submitted to the legislative transportation
committee. If, after mediation, the local government utility
and the department of transportation cannot agree upon the
proper rate, and after a report has been submitted to the
legislative transportation committee and after ninety days
from submission of such report, either may commence an
action in the superior court for the county in which the state
highway right of way is located to establish the proper rate.
The court in establishing the proper rate shall take into
account the extent and adequacy of storm water control
facilities constructed by the department and the actual benefits to the sections of state highway rights of way from storm
water control facilities constructed, operated, and maintained
by the local government utility. Control of surface water
runoff and storm water runoff from state highway rights of
way shall be deemed an actual benefit to the state highway
rights of way. The rate for sections of state highway right
of way as determined by the court shall be set forth in terms
of the percentage of the rate for comparable real property,
but shall in no event exceed the rate charged for comparable
city street or county road right of way within the same jurisdiction.
[Title 90 RCW—page 19]
90.03.525
Title 90 RCW: Water Rights—Environment
(4) The legislature finds that the federal clean water act
(national pollution [pollutant] discharge elimination system,
40 C.F.R. parts 122-124), the state water pollution control
act, chapter 90.48 RCW, and the highway runoff program
under *chapter 90.70 RCW, mandate the treatment and
control of storm water runoff from state highway rights of
way owned by the department of transportation. Appropriations made by the legislature to the department of transportation for the construction, operation, and maintenance of
storm water control facilities are intended to address applicable federal and state mandates related to storm water control
and treatment. This section is not intended to limit opportunities for sharing the costs of storm water improvements
between cities, counties, and the state. [1996 c 285 § 1;
1996 c 230 § 1617; 1986 c 278 § 54.]
Reviser’s note: *(1) All sections in chapter 90.70 RCW were either
repealed or recodified. See chapter 90.71 RCW.
(2) This section was amended by 1996 c 230 § 1617 and by 1996 c
285 § 1, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
Part headings not law—Effective date—1996 c 230: See notes
following RCW 57.02.001.
Severability—1986 c 278: See note following RCW 36.01.010.
90.03.540 Highway construction improvement
projects—Joint storm water treatment facilities. In the
development of highway construction improvement projects,
the department of transportation shall coordinate with
adjacent local governments, ports, and other public and
private organizations to determine opportunities for costeffective joint storm water treatment facilities for both new
and existing impervious surfaces. [1996 c 285 § 6.]
90.03.600 Civil penalties. Except as provided in
RCW 43.05.060 through 43.05.080 and 43.05.150, the power
is granted to the department of ecology to levy civil penalties of up to one hundred dollars per day for violation of
any of the provisions of this chapter and chapters 43.83B,
90.22, and 90.44 RCW, and rules, permits, and similar
documents and regulatory orders of the department of
ecology adopted or issued pursuant to such chapters. The
procedures of RCW 90.48.144 shall be applicable to all
phases of the levying of a penalty as well as review and appeal of the same. [1995 c 403 § 635; 1987 c 109 § 157;
1977 ex.s. c 1 § 8. Formerly RCW 43.83B.335.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.03.605 Compliance—Sequence of enforcement
measures—Location of compliance personnel. (1) The
department shall, through a network of water masters
appointed under this chapter, stream patrollers appointed
under chapter 90.08 RCW, and other assigned compliance
staff to the extent such a network is funded, achieve compliance with the water laws and rules of the state of Washington in the following sequence:
[Title 90 RCW—page 20]
(a) The department shall prepare and distribute technical
and educational information to the general public to assist
the public in complying with the requirements of their water
rights and applicable water laws;
(b) When the department determines that a violation has
occurred or is about to occur, it shall first attempt to achieve
voluntary compliance. As part of this first response, the
department shall offer information and technical assistance
to the person in writing identifying one or more means to
accomplish the person’s purposes within the framework of
the law; and
(c) If education and technical assistance do not achieve
compliance the department shall issue a notice of violation,
a formal administrative order under RCW 43.27A.190, or
assess penalties under RCW 90.03.600 unless the noncompliance is corrected expeditiously or the department determines
no impairment or harm.
(2) Nothing in the section is intended to prevent the
department of ecology from taking immediate action to cause
a violation to be ceased immediately if in the opinion of the
department the nature of the violation is causing harm to
other water rights or to public resources.
(3) The department of ecology shall to the extent
practicable station its compliance personnel within the
watershed communities they serve. To the extent practicable, compliance personnel shall be distributed evenly
among the regions of the state. [2002 c 329 § 2.]
Chapter 90.08
STREAM PATROLMEN
Sections
90.08.040
90.08.050
90.08.060
90.08.070
Stream patrolmen—Appointment—Powers.
Stream patrolmen—Compensation, travel expenses.
Stream patrolmen—Users to share in payment of compensation.
Right of county to sue user for unpaid share of expenses.
90.08.040 Stream patrolmen—Appointment—
Powers. Where water rights of a stream have been adjudicated a stream patrolman shall be appointed by the director
of the department of ecology upon application of water users
having adjudicated water rights in each particular water
resource making a reasonable showing of the necessity
therefor, which application shall have been approved by the
district water master if one has been appointed, at such time,
for such stream, and for such periods of service as local
conditions may indicate to be necessary to provide the most
practical supervision and to secure to water users and owners
the best protection in their rights.
The stream patrolman shall have the same powers as a
water master appointed under RCW 90.03.060, but his
district shall be confined to the regulation of waters of a
designated stream or streams. Such patrolman shall be under
the supervision of the director or his designated representative. He shall also enforce such special rules and regulations
as the director may prescribe from time to time. [1977 c 22
§ 1; 1925 ex.s. c 162 § 1; RRS § 7351-1.]
Water masters
appointment, compensation: RCW 90.03.060.
duties: RCW 90.03.070.
power of arrest: RCW 90.03.090.
(2002 Ed.)
Stream Patrolmen
90.08.050 Stream patrolmen—Compensation, travel
expenses. Each stream patrolman shall receive a wage per
day for each day actually employed in the duties of his
office, or if employed by the month, he shall receive a salary
per month, which wage or salary shall be fixed in the
manner provided by law for the fixing of the salaries or
compensation of other state officers or employees, plus
travel expenses in accordance with RCW 43.03.050 and
43.03.060 as now existing or hereafter amended, to be paid
by the county in which the work is performed. In case the
service extends over more than one county, each county shall
pay its equitable part of such wage to be apportioned by the
director. He shall be reimbursed for actual necessary
expenses when absent from his designated headquarters in
the performance of his duties, such expense to be paid by
the county in which he renders the service. The accounts of
the stream patrolman shall be audited and certified by the
director and the county auditor shall issue a warrant therefor
upon the current expense fund. [1977 c 22 § 2; 1975-’76
2nd ex.s. c 34 § 180; 1947 c 123 § 1; 1925 ex.s. c 162 § 2;
Rem. Supp. 1947 § 7351-2.]
Effective date—Severability—1975-’76 2nd ex.s. c 34: See notes
following RCW 2.08.115.
Public officers, salaries and fees: Chapter 42.16 RCW.
State government, salaries and expenses: Chapter 43.03 RCW.
90.08.060 Stream patrolmen—Users to share in
payment of compensation. The salary of the stream
patrolman shall be borne by the water users receiving the
benefits and shall be paid to the county or counties in the
following manner:
The county or counties may assess each water user for
his proportionate share of the total stream patrolman expense
in the same ratio that the amount of water diverted by him
bears to the total amount diverted from the stream during
each season, on an annual basis, to recover all such county
expenses. The stream patrolman shall keep an accurate
record of the amount of water diverted by each water user
coming under his supervision. On the first of each month
the stream patrolman shall present his record of water diversion to the county or counties for the preceding month.
Where the water users are organized into an irrigation
district or water users’ association, such organization may
enter into an agreement with the county or counties for
direct payment to the stream patrolman in order to minimize
administrative costs. [1977 c 22 § 3; 1925 ex.s. c 162 § 3;
RRS § 7351-3.]
Irrigation districts generally: Chapter 87.03 RCW.
90.08.070 Right of county to sue user for unpaid
share of expenses. Upon failure of any water user to pay
his proportionate share of the expense referred to in RCW
90.08.050 and 90.08.060, the county or counties shall be
entitled to sue for and recover any such unpaid portion in
any court of competent jurisdiction. [1977 c 22 § 4; 1925
ex.s. c 162 § 4; RRS § 7351-4.]
(2002 Ed.)
90.08.050
Chapter 90.14
WATER RIGHTS—REGISTRATION—WAIVER
AND RELINQUISHMENT, ETC.
Sections
90.14.010
90.14.020
90.14.031
90.14.041
90.14.043
90.14.044
90.14.051
90.14.061
90.14.065
90.14.068
90.14.071
90.14.081
90.14.091
90.14.101
90.14.111
90.14.121
90.14.130
90.14.140
90.14.150
90.14.160
90.14.170
90.14.180
90.14.190
90.14.200
90.14.210
90.14.215
90.14.220
90.14.230
90.14.900
90.14.910
Purpose.
Legislative declaration.
Definitions.
Claim of right to withdraw, divert or use ground or surface
waters—Filing statement of claim required—
Exemptions.
Claim of right to withdraw, divert or use ground or surface
waters—Claim upon certification by board—
Procedure—Cut-off date for accepting petitions.
Existing water rights not impaired.
Statement of claim—Contents—Short form.
Statement of claim—Filing procedure—Processing of
claim—Fee.
Statement of claim—Amendment—Review of department of
ecology’s determination.
Statement of claim—New filing period.
Failure to file claim waives and relinquishes right.
Filing of claim not deemed adjudication of right—Prima
facie evidence.
Definitions—Water rights notice—Form.
Notice of chapter provisions—How given—Requirements.
Water rights claims registry.
Penalty for overstating claim.
Reversion of rights to state due to nonuse—Notice by order—Relinquishment determinations—Appeal.
"Sufficient cause" for nonuse defined—Rights exempted.
Rights arising from permit to withdraw public waters not
affected—Extensions.
Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Prior rights acquired through appropriation, custom or general adjudication.
Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Rights acquired
due to ownership of land abutting stream, lake, or watercourse.
Relinquishment of right for abandonment or failure to beneficially use without sufficient cause—Future rights acquired through appropriation.
Water resources decisions—Appeals—Attorneys’ fees.
Implementation and enforcement of chapter—Proceedings
under RCW 90.14.130 deemed adjudicative—
Application of RCW sections to specific proceedings.
Chapter applies to all rights to withdraw ground waters.
Chapter not applicable to trust water rights under chapter
90.38 or 90.42 RCW.
No rights to be acquired by prescription or adverse use.
Rules and regulations.
Effective date—1967 c 233.
Severability—1967 c 233.
90.14.010 Purpose. The future growth and development of the state is dependent upon effective management
and efficient use of the state’s water resources. The purpose
of this chapter is to provide adequate records for efficient
administration of the state’s waters, and to cause a return to
the state of any water rights which are no longer exercised
by putting said waters to beneficial use. [1967 c 233 § 1.]
90.14.020 Legislative declaration. The legislature
finds that:
(1) Extensive uncertainty exists regarding the volume of
private claims to water in the state;
[Title 90 RCW—page 21]
90.14.020
Title 90 RCW: Water Rights—Environment
(2) Such uncertainty seriously retards the efficient
utilization and administration of the state’s water resources,
and impedes the fullest beneficial use thereof;
(3) A strong beneficial use requirement as a condition
precedent to the continued ownership of a right to withdraw
or divert water is essential to the orderly development of the
state;
(4) Enforcement of the state’s beneficial use policy is
required by the state’s rapid growth;
(5) All rights to divert or withdraw water, except
riparian rights which do not diminish the quantity of water
remaining in the source such as boating, swimming, and
other recreational and aesthetic uses must be subjected to the
beneficial use requirement;
(6) The availability for appropriation of additional water
as a result of the requirements of this chapter will accelerate
growth, development, and diversification of the economy of
the state;
(7) Water rights will gain sufficient certainty of ownership as a result of this chapter to become more freely
transferable, thereby increasing the economic value of the
uses to which they are put, and augmenting the alienability
of titles to land. [1967 c 233 § 2.]
90.14.031 Definitions. Unless a different meaning is
plainly required by the context, the following words and
phrases as used in RCW 90.14.031 through 90.14.121 shall
have the following meanings:
(1) "Person" shall mean an individual, partnership,
association, public or private corporation, city or other
municipality, county, or a state agency, and the United States
of America when claiming water rights established under the
laws of the state of Washington.
(2) "Beneficial use" shall include, but not be limited to,
use for domestic water, irrigation, fish, shellfish, game and
other aquatic life, municipal, recreation, industrial water,
generation of electric power, and navigation. [1969 ex.s. c
284 § 12.]
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.14.041 Claim of right to withdraw, divert or use
ground or surface waters—Filing statement of claim
required—Exemptions. All persons using or claiming the
right to withdraw or divert and make beneficial use of public
surface or ground waters of the state, except as provided in
this section, RCW 90.14.043, and 90.14.068, shall file with
the department of ecology not later than June 30, 1974, a
statement of claim for each water right asserted on a form
provided by the department. Neither this section nor RCW
90.14.068 apply to any water rights which are based on the
authority of a permit or certificate issued by the department
of ecology or one of its predecessors. Further, RCW
90.14.068 does not apply to the beneficial uses of water
which are the subject of statements of claim in the water
rights claims registry prior to September 1, 1997, or which
are exempted from permit and application requirements by
RCW 90.44.050 and neither this section nor RCW 90.14.068
requires that statements of claims for such uses be filed
during the filing period established by RCW 90.14.068.
[1997 c 440 § 2; 1988 c 127 § 73; 1969 ex.s. c 284 § 13.]
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
[Title 90 RCW—page 22]
90.14.043 Claim of right to withdraw, divert or use
ground or surface waters—Claim upon certification by
board—Procedure—Cut-off date for accepting petitions.
(1) Notwithstanding any time restrictions imposed by the
provisions of chapter 90.14 RCW, a person may file a claim
pursuant to RCW 90.14.041 if such person obtains a certification from the pollution control hearings board as provided
in this section.
(2) A certification shall be issued by the pollution
control hearings board if, upon petition to the board, it is
shown to the satisfaction of the board that:
(a) Waters of the state have been applied to beneficial
use continuously (with no period of nonuse exceeding five
consecutive years) in the case of surface water beginning not
later than June 7, 1917, and in the case of ground water
beginning not later than June 7, 1945, or
(b) Waters of the state have been applied to beneficial
use continuously (with no period of nonuse exceeding five
consecutive years) from the date of entry of a court decree
confirming a water right and any failure to register a claim
resulted from a reasonable misinterpretation of the requirements as they related to such court decreed rights.
(3) The board shall have jurisdiction to accept petitions
for certification from any person through September 1, 1985,
and not thereafter.
(4) A petition for certification shall include complete
information on the claim pursuant to RCW 90.14.051 (1)
through (8), and any such information as the board may
require.
(5) The department of ecology is directed to accept for
filing any claim certified by the board as provided in
subsection (2) of this section. The department of ecology,
upon request of the board, may provide assistance to the
board pertinent to any certification petition.
(6) A certification by the pollution control hearings
board or a filing with the department of ecology of a claim
under this section shall not constitute a determination or
confirmation that a water right exists.
(7) The provisions of RCW 90.14.071 shall have no
applicability to certified claims filed pursuant to this section.
(8) This section shall have no applicability to ground
waters resulting from the operations of reclamation projects.
[1985 c 435 § 1; 1979 ex.s. c 216 § 4.]
Effective date—Severability—1979 ex.s. c 216: See notes following
RCW 90.03.245.
90.14.044 Existing water rights not impaired. The
provisions of chapter 435, Laws of 1985 authorizing the
acceptance of a petition for certification filed during the
period beginning on July 28, 1985, and ending on midnight,
September 1, 1985, shall not affect or impair in any respect
whatsoever any water right existing prior to July 28, 1985.
[1985 c 435 § 2.]
90.14.051 Statement of claim—Contents—Short
form. The statement of claim for each right shall include
substantially the following:
(1) The name and mailing address of the claimant.
(2) The name of the watercourse or water source from
which the right to divert or make use of water is claimed, if
available.
(2002 Ed.)
Water Rights—Registration—Waiver and Relinquishment, Etc.
(3) The quantities of water and times of use claimed.
(4) The legal description, with reasonable certainty, of
the point or points of diversion and places of use of waters.
(5) The purpose of use, including, if for irrigation, the
number of acres irrigated.
(6) The approximate dates of first putting water to
beneficial use for the various amounts and times claimed in
subsection (3).
(7) The legal doctrine or doctrines upon which the right
claimed is based, including if statutory, the specific statute.
(8) The sworn statement that the claim set forth is true
and correct to the best of claimant’s knowledge and belief.
Except, however, that any claim for diversion or
withdrawal of surface or ground water for those uses
described in the exemption from the permit requirements of
RCW 90.44.050 may be filed on a short form to be provided
by the department. Such short form shall only require
inclusion of sufficient data to identify the claimant, source
of water, purpose of use and legal description of the land
upon which the water is used: PROVIDED, That the
provisions of RCW 90.14.081 pertaining to evidentiary value
of filed claims shall not apply to claims submitted in short
form: AND PROVIDED FURTHER, That claimants for
such minimal uses may, at their option, file statements of
claim on the standard form used by all other claimants.
[1973 1st ex.s. c 113 § 1; 1969 ex.s. c 284 § 14.]
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.14.061 Statement of claim—Filing procedure—
Processing of claim—Fee. Filing of a statement of a claim
shall take place and be completed upon receipt by the
department of ecology, at its office in Olympia, of an
original statement signed by the claimant or his authorized
agent, and two copies thereof. Any person required to file
hereunder may file through a designated representative. A
company, district, public or municipal corporation, or the
United States when furnishing to persons water pertaining to
water rights required to be filed under RCW 90.14.041, shall
have the right to file one claim on behalf of said persons on
a form prepared by the department for the total benefits of
each person served; provided that a separate claim shall be
filed by such company, district, public or private corporation,
or the United States for each operating unit of the filing
entity providing such water and for each water source.
Within thirty days after receipt of a statement of claim the
department shall acknowledge the same by a notation on one
copy indicating receipt thereof and the date of receipt,
together with the wording of the first sentence of RCW
90.14.081, and shall return said copy by certified or registered mail to the claimant at the address set forth in the
statement of claim. No statement of claim shall be accepted
for filing by the department of ecology unless accompanied
by a two dollar filing fee. [1988 c 127 § 74; 1969 ex.s. c
284 § 15.]
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.14.065 Statement of claim—Amendment—
Review of department of ecology’s determination. Any
person or entity, or successor to such person or entity,
having a statement of claim on file with the water rights
claims registry on April 20, 1987, may submit to the
(2002 Ed.)
90.14.051
department of ecology for filing, an amendment to such a
statement of claim if the submitted amendment is based on:
(1) An error in estimation of the quantity of the
applicant’s water claim prescribed in RCW 90.14.051 if the
applicant provides reasons for the failure to claim such right
in the original claim;
(2) A change in circumstances not foreseeable at the
time the original claim was filed, if such change in circumstances relates only to the manner of transportation or
diversion of the water and not to the use or quantity of such
water; or
(3) The amendment is ministerial in nature.
The department shall accept any such submission and
file the same in the registry unless the department by written
determination concludes that the requirements of subsection
(1), (2), or (3) of this section have not been satisfied. Any
person aggrieved by a determination of the department may
obtain a review thereof by filing a petition for review with
the pollution control hearings board within thirty days of the
date of the determination by the department. The provisions
of RCW 90.14.081 shall apply to any amendment filed under
this section. [1987 c 93 § 1.]
90.14.068 Statement of claim—New filing period.
(1) A new period for filing statements of claim for water
rights is established. The filing period shall begin September 1, 1997, and shall end at midnight June 30, 1998. Each
person or entity claiming under state law a right to withdraw
or divert and beneficially use surface water under a right that
was established before *the effective date of water code
established by chapter 117, Laws of 1917, and any person
claiming under state law a right to withdraw and beneficially
use ground water under a right that was established before
**the effective date of the ground water code established by
chapter 263, Laws of 1945, shall register the claim with the
department during the filing period unless the claim has been
filed in the state water rights claims registry before July 27,
1997. A person who claims such a right and fails to register
the claim as required is conclusively deemed to have waived
and relinquished any right, title, or interest in the right. A
statement filed during this filing period shall be filed as
provided in RCW 90.14.051 and 90.14.061 and shall be
subject to the provisions of this chapter regarding statements
of claim. This reopening of the period for filing statements
of claim shall not affect or impair in any respect whatsoever
any water right existing prior to July 27, 1997. A water
right embodied in a statement of claim filed under this
section is subordinate to any water right embodied in a
permit or certificate issued under chapter 90.03 or 90.44
RCW prior to the date the statement of claim is filed with
the department and is subordinate to any water right embodied in a statement of claim filed in the water rights claims
registry before July 27, 1997.
(2) The department of ecology shall, at least once each
week during the month of August 1997 and at least once
each month during the filing period, publish a notice
regarding this new filing period in newspapers of general
circulation in the various regions of the state. The notice
shall contain the substance of the following notice:
[Title 90 RCW—page 23]
90.14.068
Title 90 RCW: Water Rights—Environment
WATER RIGHTS NOTICE
Each person or entity claiming a right to withdraw
or divert and beneficially use surface water under
a right that was established before June 7, 1917, or
claiming a right to withdraw and beneficially use
ground water under a right that was established
before June 7, 1945, under the laws of the state of
Washington must register the claim with the department of ecology, Olympia, Washington. The claim
must be registered on or after September 1, 1997,
and not later than five o’clock on June 30, 1998.
FAILURE TO REGISTER THE CLAIM
WILL RESULT IN A WAIVER AND
RELINQUISHMENT OF THE WATER
RIGHT OR CLAIMED WATER RIGHT
Registering a claim is NOT required for:
1. A water right that is based on the authority of a
permit or certificate issued by the department of
ecology or one of its predecessors;
2. A water right that is based on the exemption
from permitting requirements provided by RCW
90.44.050 for certain very limited uses of ground
water; or
3. A water right that is based on a statement of
claim that has previously been filed in the state’s
water rights claims registry during other registration
periods.
For further information, for a copy of the law
establishing this filing period, and for an explanation of the law and its requirements, contact the
department of ecology, Olympia, Washington.
The department shall also prepare, make available to the
public, and distribute to the communications media information describing the types of rights for which statements of
claim need not be filed, the effect of filing, the effect of
RCW 90.14.071, and other information relevant to filings
and statements of claim.
(3) The department of ecology shall ensure that employees of the department are readily available to respond to
inquiries regarding filing statements of claim and that all of
the information the department has at its disposal that is
relevant to an inquiry regarding a particular potential claim,
including information regarding other rights and claims in
the vicinity of the potentially claimed right, is available to
the person making the inquiry. The department shall
dedicate additional staff in each of the department’s regional
offices and in the department’s central office to ensure that
responses and information are provided in a timely manner
during each of the business days during the month of August
1997 and during the new filing period.
(4) To assist the department in avoiding unnecessary
duplication, the department shall provide to a requestor,
within ten working days of receiving the request, the records
of any water right claimed, listed, recorded, or otherwise
existing in the records of the department or its predecessor
agencies, including any report of a referee in a water rights
adjudication. This information shall be provided as required
by this subsection if the request is provided in writing from
[Title 90 RCW—page 24]
the owner of the water right or from the holder of a possessory interest in any real property for water right records
associated with the property or if the requestor is an attorney
for such an owner. The information regarding water rights
in the area served by a regional office of the department
shall also be provided within ten working days to any
requestor who requests to review the information in person
in the department’s regional office. The information held by
the headquarters office of the department shall also be
provided within ten working days to any requestor who
requests to review the information in person in the
department’s headquarters office. The requirements of this
subsection that records and information be provided to
requestors within ten working days may not be construed as
limiting in any manner the obligations of the department to
provide public access to public records as required by
chapter 42.17 RCW.
(5) This section does not apply to claims for the use of
ground water withdrawn in an area that is, during the period
established by subsection (2) of this section, the subject of
a general adjudication proceeding for water rights in superior
court under RCW 90.03.110 through 90.03.245 and the
proceeding applies to ground water rights. This section does
not apply to claims for the use of surface water withdrawn
in an area that is, during the period established by subsection
(2) of this section, the subject of a general adjudication
proceeding for water rights in superior court under RCW
90.03.110 through 90.03.245 and the proceeding applies to
surface water rights.
(6) This section does not apply to claims for the use of
water in a ground water area or subarea for which a management program adopted by the department by rule and in
effect on July 27, 1997, establishes acreage expansion
limitations for the use of ground water. [1997 c 440 § 1.]
Reviser’s note: *(1) The effective date of chapter 117, Laws of 1917,
is June 7, 1917.
**(2) The effective date of chapter 263, Laws of 1945, is June 7,
1945.
90.14.071 Failure to file claim waives and relinquishes right. Except as provided in *section 5 of this act
or as exempted from filing by RCW 90.14.041, any person
claiming the right to divert or withdraw waters of the state
as set forth in RCW 90.14.041, who fails to file a statement
of claim as provided in RCW 90.14.041, 90.14.043, or
90.14.068 and in RCW 90.14.051 and 90.14.061, shall be
conclusively deemed to have waived and relinquished any
right, title, or interest in said right. [1997 c 440 § 3; 1969
ex.s. c 284 § 16.]
*Reviser’s note: Section 5 of this act was vetoed by the governor.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.14.081 Filing of claim not deemed adjudication
of right—Prima facie evidence. The filing of a statement
of claim does not constitute an adjudication of any claim to
the right to use of waters as between the water use claimant
and the state, or as between one or more water use claimants
and another or others. A statement of claim filed pursuant
to RCW 90.14.061 shall be admissible in a general adjudication of water rights as prima facie evidence of the times of
use and the quantity of water the claimant was withdrawing
or diverting as of the year of the filing, if, but only if, the
(2002 Ed.)
Water Rights—Registration—Waiver and Relinquishment, Etc.
quantities of water in use and the time of use when a
controversy is mooted are substantially in accord with the
times of use and quantity of water claimed in the statement
of claim. A statement of claim shall not otherwise be
evidence of the priority of the claimed water right. [1969
ex.s. c 284 § 17.]
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.14.091 Definitions—Water rights notice—Form.
For the purpose of RCW 90.14.031 through 90.14.121 the
following words and phrases shall have the following
meanings:
(1) "Statement of taxes due" means the statement
required under RCW 84.56.050.
(2) "Notice in writing" means a notice substantially in
the following form:
WATER RIGHTS NOTICE
Every person, including but not limited to an individual,
partnership, association, public or private corporation, city or
other municipality, county, state agency and the state of
Washington, and the United States of America, when
claiming water rights established under the laws of the state
of Washington, are hereby notified that all water rights or
claimed water rights relating to the withdrawal or diversion
of public surface or ground waters of the state, except those
water rights based upon authority of a permit or certificate
issued by the department of ecology or one of its predecessors, must be registered with the department of ecology,
Olympia, Washington not later than June 30, 1974. FAILURE TO REGISTER AS REQUIRED BY LAW WILL
RESULT IN A WAIVER AND RELINQUISHMENT OF
SAID WATER RIGHT OR CLAIMED WATER RIGHT.
For further information contact the Department of Ecology,
Olympia, Washington, for a copy of the act and an explanation thereof. [1988 c 127 § 75; 1969 ex.s. c 284 § 18.]
90.14.081
issued in 1972 a copy of a notice in writing and a declaration that it shall be the duty of the recipient of the statement of taxes due to forward the notice to the beneficial
owner of the property. A sufficient number of copies of the
notice and declaration shall be supplied to each county
treasurer by the director of ecology before the fifteenth day
of January, 1972. In the implementation of this subsection
the department of ecology shall provide reimbursement to
the county treasurer for the reasonable additional costs, if
any there may be, incurred by said treasurer arising from the
inclusion of a notice in writing as required herein.
(5) It shall provide copies of the notice in writing to the
press services with offices located in Thurston county during
January of the years 1970, 1971, 1972, 1973 and 1974.
The director of the department may also in his discretion give notice in any other manner which will carry out the
purposes of this section. Where notice in writing is given
pursuant to subsections (1) and (3) of this section, RCW
90.14.041, 90.14.051 and 90.14.071 shall be set forth and
quoted in full. [1988 c 127 § 76; 1969 ex.s. c 284 § 19.]
Reviser’s note: "this 1969 amendatory act" has been changed to "this
chapter" in the first paragraph. "This 1969 amendatory act" [1969 ex.s. c
284] consists of RCW 90.48.290, former RCW 90.48.295, since repealed,
RCW 90.22.010 through 90.22.040, 90.14.031 through 90.14.121,
43.27A.190 through 43.27A.220, 43.27A.075, and repeals RCW 43.21.145
and 90.14.030 through 90.14.120.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.14.111 Water rights claims registry. The
department of ecology is directed to establish a registry
entitled the "Water Rights Claims Registry". All claims set
forth pursuant to RCW 90.14.041, 90.14.051 and 90.14.061
shall be filed in the registry alphabetically and consecutively
by control number, and by such other manner as deemed
appropriate by the department. [1988 c 127 § 77; 1969 ex.s.
c 284 § 20.]
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.14.101 Notice of chapter provisions—How
given—Requirements. To insure that all persons referred
to in RCW 90.14.031 and 90.14.041 are notified of the
registration provisions of this chapter, the department of
ecology is directed to give notice of the registration provisions of this chapter as follows:
(1) It shall cause a notice in writing to be placed in a
prominent and conspicuous place in all newspapers of the
state having a circulation of more than fifty thousand copies
for each week day, and in at least one newspaper published
in each county of the state, at least once each year for five
consecutive years.
(2) It shall cause a notice substantially the same as a
notice in writing to be broadcast by each commercial
television station operating in the United States and viewed
in the state, and by at least one commercial radio station
operating from each county of the state having such a station
regularly at six month intervals for five consecutive years.
(3) It shall cause a notice in writing to be placed in a
prominent and conspicuous location in each county court
house in the state.
(4) The county treasurer of each county shall enclose
with each mailing of one or more statements of taxes due
(2002 Ed.)
90.14.121 Penalty for overstating claim. The filing
of a statement of claim pursuant to RCW 90.14.061 which
knowingly provides for an overstatement of a right either in
quantities of water or times of use claimed shall constitute
a misdemeanor punishable by a fine of not more than two
hundred fifty dollars or by imprisonment for not more than
ninety days, or both. [1969 ex.s. c 284 § 21.]
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.14.130 Reversion of rights to state due to
nonuse—Notice by order—Relinquishment determinations—Appeal. When it appears to the department of ecology that a person entitled to the use of water has not beneficially used his water right or some portion thereof, and it
appears that said right has or may have reverted to the state
because of such nonuse, as provided by RCW 90.14.160,
90.14.170, or 90.14.180, the department of ecology shall
notify such person by order: PROVIDED, That where a
company, association, district, or the United States has filed
a blanket claim under the provisions of *RCW 90.14.060 for
the total benefits of those served by it, the notice shall be
served on such company, association, district or the United
States and not upon any of its individual water users who
may not have used the water or some portion thereof which
[Title 90 RCW—page 25]
90.14.130
Title 90 RCW: Water Rights—Environment
they were entitled to use. The order shall contain: (1) A
description of the water right, including the approximate
location of the point of diversion, the general description of
the lands or places where such waters were used, the water
source, the amount involved, the purpose of use, and the
apparent authority upon which the right is based; (2) a
statement that unless sufficient cause be shown on appeal the
water right will be declared relinquished; and (3) a statement
that such order may be appealed to the pollution control
hearings board. Any person aggrieved by such an order may
appeal it to the pollution control hearings board pursuant to
RCW 43.21B.310. The order shall be served by registered
or certified mail to the last known address of the person and
be posted at the point of division or withdrawal. The order
by itself shall not alter the recipient’s right to use water, if
any. [1987 c 109 § 13; 1967 c 233 § 13.]
*Reviser’s note: RCW 90.14.060 was repealed by 1969 ex.s. c 284
§ 23, which act added new sections relating to the registration of claims for
water rights as codified in this chapter.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Proceedings under this section deemed adjudicative—Application of RCW
sections to specific proceedings: RCW 90.14.200.
90.14.140 "Sufficient cause" for nonuse defined—
Rights exempted. (1) For the purposes of RCW 90.14.130
through 90.14.180, "sufficient cause" shall be defined as the
nonuse of all or a portion of the water by the owner of a
water right for a period of five or more consecutive years
where such nonuse occurs as a result of:
(a) Drought, or other unavailability of water;
(b) Active service in the armed forces of the United
States during military crisis;
(c) Nonvoluntary service in the armed forces of the
United States;
(d) The operation of legal proceedings;
(e) Federal or state agency leases of or options to
purchase lands or water rights which preclude or reduce the
use of the right by the owner of the water right;
(f) Federal laws imposing land or water use restrictions
either directly or through the voluntary enrollment of a
landowner in a federal program implementing those laws, or
acreage limitations, or production quotas;
(g) Temporarily reduced water need for irrigation use
where such reduction is due to varying weather conditions,
including but not limited to precipitation and temperature,
that warranted the reduction in water use, so long as the
water user’s diversion and delivery facilities are maintained
in good operating condition consistent with beneficial use of
the full amount of the water right;
(h) Temporarily reduced diversions or withdrawals of
irrigation water directly resulting from the provisions of a
contract or similar agreement in which a supplier of electricity buys back electricity from the water right holder and the
electricity is needed for the diversion or withdrawal or for
the use of the water diverted or withdrawn for irrigation
purposes;
(i) Water conservation measures implemented under the
Yakima river basin water enhancement project, so long as
the conserved water is reallocated in accordance with the
provisions of P.L. 103-434;
[Title 90 RCW—page 26]
(j) Reliance by an irrigation water user on the transitory
presence of return flows in lieu of diversion or withdrawal
of water from the primary source of supply, if such return
flows are measured or reliably estimated using a scientific
methodology generally accepted as reliable within the scientific community; or
(k) The reduced use of irrigation water resulting from
crop rotation. For purposes of this subsection, crop rotation
means the temporary change in the type of crops grown
resulting from the exercise of generally recognized sound
farming practices. Unused water resulting from crop rotation
will not be relinquished if the remaining portion of the water
continues to be beneficially used.
(2) Notwithstanding any other provisions of RCW
90.14.130 through 90.14.180, there shall be no relinquishment of any water right:
(a) If such right is claimed for power development
purposes under chapter 90.16 RCW and annual license fees
are paid in accordance with chapter 90.16 RCW;
(b) If such right is used for a standby or reserve water
supply to be used in time of drought or other low flow
period so long as withdrawal or diversion facilities are
maintained in good operating condition for the use of such
reserve or standby water supply;
(c) If such right is claimed for a determined future
development to take place either within fifteen years of July
1, 1967, or the most recent beneficial use of the water right,
whichever date is later;
(d) If such right is claimed for municipal water supply
purposes under chapter 90.03 RCW;
(e) If such waters are not subject to appropriation under
the applicable provisions of RCW 90.40.030;
(f) If such right or portion of the right is leased to
another person for use on land other than the land to which
the right is appurtenant as long as the lessee makes beneficial use of the right in accordance with this chapter and a
transfer or change of the right has been approved by the
department in accordance with RCW 90.03.380, 90.03.383,
90.03.390, or 90.44.100;
(g) If such a right or portion of the right is authorized
for a purpose that is satisfied by the use of agricultural
industrial process water as authorized under RCW 90.46.150;
or
(h) If such right is a trust water right under chapter
90.38 or 90.42 RCW.
(3) In adding provisions to this section by chapter 237,
Laws of 2001, the legislature does not intend to imply
legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or
judicial interpretation of, the provisions of this section not
expressly added or revised. [2001 c 240 § 1; 2001 c 237 §
27; 2001 c 69 § 5; 1998 c 258 § 1; 1987 c 125 § 1; 1967 c
233 § 14.]
Reviser’s note: This section was amended by 2001 c 69 § 5, 2001
c 237 § 27, and by 2001 c 240 § 1, each without reference to the other. All
amendments are incorporated in the publication of this section under RCW
1.12.025(2). For rule of construction, see RCW 1.12.025(1).
Effective date—2001 c 240: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 11, 2001]." [2001 c 240 § 2.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
(2002 Ed.)
Water Rights—Registration—Waiver and Relinquishment, Etc.
Intent—2001 c 237: See note following RCW 90.66.065.
Effective date—1967 c 233: See RCW 90.14.900.
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.14.150 Rights arising from permit to withdraw
public waters not affected—Extensions. Nothing in this
chapter shall be construed to affect any rights or privileges
arising from any permit to withdraw public waters or any
application for such permit, but the department of ecology
shall grant extensions of time to the holder of a preliminary
permit only as provided by RCW 90.03.290. [1987 c 109 §
100; 1967 c 233 § 15.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.14.160 Relinquishment of right for abandonment
or failure to beneficially use without sufficient cause—
Prior rights acquired through appropriation, custom or
general adjudication. Any person entitled to divert or
withdraw waters of the state through any appropriation
authorized by enactments of the legislature prior to enactment of chapter 117, Laws of 1917, or by custom, or by
general adjudication, who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all
or any part of said right to divert or withdraw for any period
of five successive years after July 1, 1967, shall relinquish
such right or portion thereof, and said right or portion
thereof shall revert to the state, and the waters affected by
said right shall become available for appropriation in accordance with RCW 90.03.250. [1981 c 291 § 1; 1979 ex.s. c
216 § 5; 1967 c 233 § 16.]
Effective date—Severability—1979 ex.s. c 216: See notes following
RCW 90.03.245.
Effective date—1967 c 233: See RCW 90.14.900.
Application to Yakima river basin trust water rights: RCW 90.38.040.
Implementation and enforcement of chapter—Proceedings under RCW
90.14.130 deemed adjudicative—Application of RCW sections to
specific proceedings: RCW 90.14.200.
90.14.170 Relinquishment of right for abandonment
or failure to beneficially use without sufficient cause—
Rights acquired due to ownership of land abutting
stream, lake, or watercourse. Any person entitled to divert
or withdraw waters of the state by virtue of his ownership of
land abutting a stream, lake, or watercourse, who abandons
the same, or who voluntarily fails, without sufficient cause,
to beneficially use all or any part of said right to withdraw
or divert said water for any period of five successive years
after July 1, 1967, shall relinquish such right or portion
thereof, and such right or portion thereof shall revert to the
state, and the waters affected by said right shall become
available for appropriation in accordance with the provisions
of RCW 90.03.250. [1967 c 233 § 17.]
Effective date—1967 c 233: See RCW 90.14.900.
Application to Yakima river basin trust water rights: RCW 90.38.040.
Availability for other uses qualified: RCW 90.14.160.
Implementation and enforcement of chapter—Application of RCW sections
to specific proceedings: RCW 90.14.200.
(2002 Ed.)
90.14.140
90.14.180 Relinquishment of right for abandonment
or failure to beneficially use without sufficient cause—
Future rights acquired through appropriation. Any
person hereafter entitled to divert or withdraw waters of the
state through an appropriation authorized under RCW
90.03.330, 90.44.080, or 90.44.090 who abandons the same,
or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to withdraw for any
period of five successive years shall relinquish such right or
portion thereof, and such right or portion thereof shall revert
to the state, and the waters affected by said right shall
become available for appropriation in accordance with RCW
90.03.250. All certificates hereafter issued by the department of ecology pursuant to RCW 90.03.330 shall expressly
incorporate this section by reference. [1987 c 109 § 101;
1967 c 233 § 18.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
Availability for other uses qualified: RCW 90.14.160.
Implementation and enforcement of chapter—Application of RCW sections
to specific proceedings: RCW 90.14.200.
90.14.190 Water resources decisions—Appeals—
Attorneys’ fees. Any person feeling aggrieved by any
decision of the department of ecology may have the same
reviewed pursuant to RCW 43.21B.310. In any such review,
the findings of fact as set forth in the report of the department of ecology shall be prima facie evidence of the fact of
any waiver or relinquishment of a water right or portion
thereof. If the hearings board affirms the decision of the
department, a party seeks review in superior court of that
hearings board decision pursuant to chapter 34.05 RCW, and
the court determines that the party was injured by an
arbitrary, capricious, or erroneous order of the department,
the court may award reasonable attorneys’ fees. [1987 c 109
§ 14; 1967 c 233 § 19.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.14.200 Implementation and enforcement of
chapter—Proceedings under RCW 90.14.130 deemed
adjudicative—Application of RCW sections to specific
proceedings. (1) All matters relating to the implementation
and enforcement of this chapter by the department of
ecology shall be carried out in accordance with chapter 34.05
RCW, the Administrative Procedure Act, except where the
provisions of this chapter expressly conflict with chapter
34.05 RCW. Proceedings held pursuant to RCW 90.14.130
are adjudicative proceedings within the meaning of chapter
34.05 RCW. Final decisions of the department of ecology
in these proceedings are subject to review in accordance with
chapter 43.21B RCW.
(2) RCW 90.14.130 provides nonexclusive procedures
for determining a relinquishment of water rights under RCW
90.14.160, 90.14.170, and 90.14.180. RCW 90.14.160,
90.14.170, and 90.14.180 may be applied in, among other
proceedings, general adjudication proceedings initiated under
RCW 90.03.110 or 90.44.220: PROVIDED, That nothing
herein shall apply to litigation involving determinations of
[Title 90 RCW—page 27]
90.14.200
Title 90 RCW: Water Rights—Environment
the department of ecology under RCW 90.03.290 relating to
the impairment of existing rights. [1989 c 175 § 180; 1979
ex.s. c 216 § 6; 1967 c 233 § 20.]
Effective date—1989 c 175: See note following RCW 34.05.010.
Effective date—Severability—1979 ex.s. c 216: See notes following
RCW 90.03.245.
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.14.210 Chapter applies to all rights to withdraw
ground waters. The provisions of this chapter shall apply
to all rights to withdraw ground waters of the state, whether
authorized by chapter 90.44 RCW or otherwise. [1967 c 233
§ 21.]
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.14.215 Chapter not applicable to trust water
rights under chapter 90.38 or 90.42 RCW. This chapter
shall not apply to trust water rights held or exercised by the
department of ecology under chapter 90.38 or 90.42 RCW.
[1991 c 347 § 14.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
90.14.220 No rights to be acquired by prescription
or adverse use. No rights to the use of surface or ground
waters of the state affecting either appropriated or unappropriated waters thereof may be acquired by prescription or
adverse use. [1967 c 233 § 22.]
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.14.230 Rules and regulations. The department of
ecology is authorized to promulgate such rules and regulations as are necessary to carry out the provisions of this
chapter. [1987 c 109 § 102; 1967 c 233 § 23.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.14.900 Effective date—1967 c 233. The effective
date of this act is July 1, 1967. [1967 c 233 § 25.]
Application to Yakima river basin trust water rights: RCW 90.38.040.
90.14.910 Severability—1967 c 233. If any provisions of this act or the application thereof to any person or
circumstance is held invalid, the act can be given effect
without the invalid provision or application; and to this end
the provisions of this act are declared to be severable. This
act shall be liberally construed to effectuate its purpose.
[1967 c 233 § 26.]
Application to Yakima river basin trust water rights: RCW 90.38.040.
Chapter 90.16
APPROPRIATION OF WATER FOR PUBLIC AND
INDUSTRIAL PURPOSES
Sections
90.16.010
90.16.020
90.16.025
90.16.030
Appropriation by certain water companies.
Appropriation for industrial purposes.
Appropriation for industrial purposes—Procedure.
Right of eminent domain by water power companies.
[Title 90 RCW—page 28]
90.16.040
Right of eminent domain by water power companies—Right
of entry.
90.16.045 Right of eminent domain by water power companies—
Procedure.
90.16.050 Schedule of fees for claimants of water power.
90.16.060 Schedule of fees for claimants of water power—Statement
of claim—Penalties—Excessive claim—Abandonment.
90.16.090 Disposition of fees.
90.16.100 Appropriation of lands by corporations conveying water.
90.16.110 Water for use outside state.
90.16.120 Water for use outside state—Reciprocity.
Use of waters for irrigation, mining, manufacturing, deemed a public use:
State Constitution Art. 21.
90.16.010 Appropriation by certain water companies. Such water companies incorporated for the purposes
specified in the preceding section shall have the right to
purchase or take possession of and use and hold such lands
and waters for the purposes of the company, lying without
the limits of the city or town intended to be supplied with
water upon making compensation therefor. The mode of
proceeding to obtain possession of such lands for the use of
the company, right of way for laying pipes and aqueducts for
the use of the company, when the parties cannot agree shall
so far as the same be applicable be as prescribed in chapter
187: PROVIDED, That nothing therein contained, shall be
so construed, as to authorize the appropriation of water
belonging to any person, unless the owner thereof shall
refuse to supply said town or city with water after being
requested so to do by the town board or city council. [1883
p 45 § 1, subd. 8; Code 1881 § 2448; 1873 p 408 § 28;
1869 p 340 § 30; RRS § 11570.]
Reviser’s note: The language "for the purposes specified in the
preceding section" refers to Code 1881 § 2447 (repealed by 1939 c 143 §
19) which stated in part: ". . . for the purpose of supplying any cities or
towns in this territory, or the inhabitants thereof with pure and fresh water."
The language "chapter 187" refers to chapter 187 of the Code of 1881
the existing sections of which chapter are codified in chapter 81.36 RCW
and RCW 90.16.100; the remaining sections thereof have been repealed.
Validating—1881 Act: "All persons who have organized themselves
as a corporation under the provisions of this chapter for purposes other than
those enumerated in section 2421, are hereby declared incorporate bodies,
with all the powers the same as they would enjoy had they been incorporated for the purposes set forth in section 2421." [Code 1881 § 2445.] The
language "this chapter" refers to chapter 185, Code of 1881 which embodied
the territorial laws relating to the formation of corporations; current
provisions relating thereto are codified in Titles 23 and 24 RCW. The
language "section 2421" refers to Code 1881 § 2421 which set forth the
purposes for which a corporation might then be formed. General purposes
for which a corporation may be formed under existing law are codified in
Title 23B RCW; see also Table of Prior Laws following Title 23 RCW
digest.
90.16.020 Appropriation for industrial purposes.
Any person or persons, or company now incorporated, or
that may hereafter become incorporated under the laws of
this state, for the purpose of mining or manufacturing, shall
have the right to purchase or appropriate and take possession
of and divert from its natural channel, and use and hold the
waters of any river, creek or stream in this state that may be
required for the mining and manufacturing purposes of any
such person or persons, corporation or corporations, and to
construct all dams, canals, reservoirs, ditches, pipes, flumes
and aqueducts, suitable and necessary for the controlling,
directing and running such waters to their mines or manufacturing establishments of any such person or persons, corporation or corporations, where the same may be intended to be
(2002 Ed.)
Appropriation of Water for Public and Industrial Purposes
utilized for such purposes: PROVIDED, That no such
appropriation or diversion of the waters of any such river,
creek, or stream, from its natural channel; nor shall any such
dam, canal, reservoir, ditch, pipe, flume or aqueduct, be
constructed to the detriment of any person or persons,
corporation or corporations, occupying the lands or being
located below the point or place of such appropriation or
diversion on any such stream or its tributaries, or above or
below such dam, canal, reservoir, ditch, pipe, flume or
aqueduct, or of the owners of the lands, through which the
waters run in the natural course for the deprivation of the
same, or the owners of the land through or upon which such
dam, canal, reservoirs, ditch, pipe, flume or aqueduct, may
pass through or over, or be situated upon, unless just and
adequate compensation be previously ascertained and paid
therefor. [Code 1881 Bagley’s Supp. p 36 § 1; 1879 p 124
§ 1; RRS § 11575.]
90.16.025 Appropriation for industrial purposes—
Procedure. The mode of proceeding to appropriate, take
possession of and divert such waters and to build such dam,
canal, ditch, reservoir, pipe, flume, or aqueduct, as prescribed in RCW 90.16.020, when the parties cannot agree
upon the purchase thereof, shall be the same as prescribed in
chapter four of an act to provide for the formation of
corporations, approved November thirteenth, eighteen
hundred and seventy-three, except that the amount of the
benefits accruing to the residue of the property of the same
individual or corporation, by reason of the use made of that
taken, to be estimated by the parties assessing the damages,
shall be deducted from the value of the property taken.
[Code 1881 Bagley’s Supp. p 37 § 2; 1879 p 125 § 2.]
90.16.030 Right of eminent domain by water power
companies. The right of eminent domain for the purpose of
appropriating real estate is hereby extended to all corporations that are now or that may hereafter be incorporated
under the laws of this state, or of any state or territory of the
United States and doing business in this state, for the
purpose of conveying water by ditches, flumes, pipe lines,
tunnels or any other means for the utilization of water
power: PROVIDED, HOWEVER, That said right of
eminent domain shall not be exercised in respect to any residence or business structure or structures. [1901 c 143 § 1;
RRS § 11572. FORMER PART OF SECTION: 1901 c 143
§ 3; RRS § 11574, now codified as RCW 90.16.045.]
90.16.040 Right of eminent domain by water power
companies—Right of entry. Every corporation that is now
or that may hereafter be incorporated under the laws of this
state, or of any other state or territory of the United States
and doing business in this state, for the purpose of conveying
water by ditches, flumes, pipe lines, tunnels or any other
means for the utilization of water power, shall have the right
to enter upon any land between the termini of the proposed
ditches, flumes, pipe lines, tunnels or any other means for
the utilization of water power, for the purpose of examining,
locating and surveying such ditches, flumes, pipe lines,
tunnels or any other means for the utilization of water
power, doing no unnecessary damage thereby. [1901 c 143
§ 2; RRS § 11573.]
(2002 Ed.)
90.16.020
90.16.045 Right of eminent domain by water power
companies—Procedure. Every such corporation shall have
the right, subject to the proviso contained in RCW 90.16.030
to appropriate real estate or other property for a right-of-way
for such ditches, flumes, pipe lines, tunnels or other means
of conveying water, and for any other corporate purposes, in
the same manner and under the same procedure as now is or
may be hereafter provided by law in the case of other
corporations authorized by the laws of the state to exercise
the right of eminent domain. [1901 c 143 § 3; RRS §
11574. Formerly RCW 90.16.030, part.]
Eminent domain by corporations: Chapter 8.20 RCW.
90.16.050 Schedule of fees for claimants of water
power. Every person, firm, private or municipal corporation, or association hereinafter called "claimant", claiming
the right to the use of water within or bordering upon the
state of Washington for power development, shall on or
before the first day of July, 1929, and on or before the first
day of January of each year thereafter pay to the state of
Washington in advance an annual license fee, based upon the
theoretical water power claimed under each and every
separate claim to water according to the following schedule:
For projects in operation: For each and every theoretical horsepower claimed up to and including one thousand
horsepower, at the rate of ten cents per horsepower; for each
and every theoretical horsepower in excess of one thousand
horsepower, up to and including ten thousand horsepower, at
the rate of two cents per horsepower; for each and every
theoretical horsepower in excess of ten thousand horsepower,
at the rate of one cent per horsepower.
For undeveloped projects, the fee shall be at one-half
the rates specified for projects in operation; for projects
partly developed and in operation the fees paid on that
portion of any project that shall have been developed and in
operation shall be the full annual license fee above specified
for projects in operation, and for the remainder of the power
claimed under such project the fees shall be the same as for
undeveloped projects. PROVIDED, That upon the filing of
statement, as hereinafter required, by the United States or the
state claiming the right to the use of water to any extent for
the generation of power, or any other claimant to the use of
water for the generation of fifty horsepower, or less, shall be
exempted from the payment of all fees hereinafter required;
and PROVIDED FURTHER, That any irrigation district or
other municipal subdivision of the state, developing power
chiefly for use in pumping of water for irrigation, may upon
the filing of a statement, showing the amount of power used
for irrigation pumping, be exempted to the extent of the
power so used from the payment of the annual license fee
herein provided for. [1929 c 105 § 1; RRS § 11575-1.]
90.16.060 Schedule of fees for claimants of water
power—Statement of claim—Penalties—Excessive
claim—Abandonment. The license fee herein required
shall be paid in advance to the state department of ecology
and shall be accompanied by written statement, showing the
extent of the claim. Said statement shall set forth the name
and address of the claimant, the name of the stream from
which the water is appropriated or claimed for power
development, a description of the forty acres or smallest
[Title 90 RCW—page 29]
90.16.060
Title 90 RCW: Water Rights—Environment
legal subdivision in which the point of diversion and point
of return are located, the date of the right as claimed, the
maximum amount of water claimed, expressed in cubic feet
per second of time, the total average fall utilized under such
claim, the manner of developing power and the use to which
the power is applied. If the regular flow is supplemented by
water stored in a reservoir, the location of such reservoir, its
capacity in acre feet, and the stream from which it is filled
and fed, should be given, also the date of the right as
claimed for storage purposes.
Should any claimant fail or neglect to file such statement within the time specified, or fail or neglect to pay such
fees within the time specified, the fees due and payable shall
be at the schedule rates set out in RCW 90.16.050, increased
twenty-five percent, and the state shall have preference lien
therefor, with interest at the rate of ten percent per annum
from the date of delinquency, upon the property of claimant
used or necessary for use in the development of the right or
claim, together with any improvements erected thereon for
such development, and upon request from the director of
ecology the attorney general shall proceed to foreclose the
lien, and collect the amount due, as herein provided, in the
same manner as other liens for general state and county
taxes on real property are foreclosed.
The filing of a claim to water in excess of the amount
to which the claimant is legally entitled shall not operate to
vest in such claimant any right to the use of such excess
water, nor shall the payment of the annual license fees,
provided for herein, operate to vest in any claimant any right
to the use of such water beyond the amount to which
claimant is legally entitled. The filing of such claim, or
claims to water shall be conclusive evidence of abandonment
by the claimant of all right to water for power purposes not
covered by the claim, or claims, as filed; and the failure to
file statement and pay the fees, as herein required, for any
power site or claim of power rights on account of riparian
ownership within two years after June 12, 1929, shall be
conclusive evidence of abandonment. The amount of the
theoretical horsepower upon which fees shall be paid shall
be computed by multiplying the maximum amount of water
claimed, expressed in cubic feet per second of time, by the
average fall utilized, expressed in feet, and dividing the
product by 8.8. [1988 c 127 § 78; 1929 c 105 § 2; RRS §
11575-2. Formerly RCW 90.16.060, 90.16.070 and
90.16.080.]
Property taxes
lien foreclosure: Chapter 84.64 RCW.
lien of taxes: Chapter 84.60 RCW.
90.16.090 Disposition of fees. All fees paid under
provisions of this chapter, shall be credited by the state
treasurer to the reclamation revolving account and subject to
legislative appropriation, be allocated and expended by the
director of ecology for investigations and surveys of natural
resources in cooperation with the federal government, or
independently thereof, including stream gaging, hydrographic, topographic, river, underground water, mineral and
geological surveys: PROVIDED, That in any one biennium
all said expenditures shall not exceed total receipts from said
power license fees collected during said biennium: AND
PROVIDED FURTHER, That the portion of money allocated by said director to be expended in cooperation with the
[Title 90 RCW—page 30]
federal government shall be contingent upon the federal
government making available equal amounts for such
investigations and surveys. [1988 c 127 § 79; 1973 c 106 §
39; 1939 c 209 § 1; 1929 c 105 § 3; RRS § 11575-3.]
90.16.100 Appropriation of lands by corporations
conveying water. All corporations, authorized to do
business in the state, and who have been, or may hereafter
be organized, for the purpose of erecting and maintaining
flumes and aqueducts to convey water for consumption or
for mining, irrigation, milling or other industrial purposes,
shall have the same right to appropriate lands for necessary
corporate purposes, and under the same regulations and
instructions as are provided for other corporations; and such
corporations organized for such purposes, in order to carry
out the object of their incorporation, are authorized to take
and use any water not otherwise legally appropriated. [Code
1881 § 2472; 1879 p 134 § 1; RRS § 11576.]
90.16.110 Water for use outside state. Whenever the
use of water shall be necessary for domestic, manufacturing,
irrigation, or in interstate transportation at or for any
incorporated or unincorporated city, town, village or hamlet
situated partly in Washington and partly in an adjoining state
or where any city, town, village or hamlet is incorporated on
one side of the state line and there are inhabitants living in
adjacent and contiguous territory on the other side, it shall be
lawful for any person, association or corporation to locate,
appropriate, divert and deliver any of the unappropriated
public waters of this state necessary for the use of such city,
town, village or hamlet and the inhabitants thereof and those
residing in and embracing such contiguous territory both
within this state and such adjoining state; and locations may
be made and authority is hereby granted for such purpose the
same as for any other appropriation within the state and a
diversion and delivery for such purpose shall have the same
force and effect as if made for use wholly within this state
and any appropriation, diversion or use heretofore made for
such purpose shall be deemed as valid and legal as if made
for a use wholly within this state and priority thereof shall
date from the appropriation and diversion the same as if it
had been made for use wholly within this state. [1919 c 41
§ 1; RRS § 11577.]
90.16.120 Water for use outside state—Reciprocity.
The provisions of *this act shall not apply to any territory or
the inhabitants thereof situated or located in any adjoining
state which does not by its laws, usages or legal regulations
grant similar or reciprocal rights, privileges and opportunities
to this state and its inhabitants and adjacent and contiguous
territory whether incorporated or unincorporated as in *this
act specified. [1919 c 41 § 2; RRS § 11578.]
*Reviser’s note: "this act" [1919 c 41], is codified in RCW
90.16.110 and 90.16.120.
(2002 Ed.)
Minimum Water Flows and Levels
Chapter 90.22
MINIMUM WATER FLOWS AND LEVELS
Sections
90.22.010
90.22.020
90.22.030
90.22.040
90.22.050
90.22.060
Establishment of minimum water flows or levels—
Authorized—Purposes.
Establishment of minimum water flows or levels—
Hearings—Notice—Rules.
Existing water and storage rights—Right to divert or store
water.
Stockwatering requirements.
Civil penalties.
Instream flow evaluations—Statewide list of priorities—
Salmon impact.
90.22.010 Establishment of minimum water flows or
levels—Authorized—Purposes. The department of ecology
may establish minimum water flows or levels for streams,
lakes or other public waters for the purposes of protecting
fish, game, birds or other wildlife resources, or recreational
or aesthetic values of said public waters whenever it appears
to be in the public interest to establish the same. In addition, the department of ecology shall, when requested by the
department of fish and wildlife to protect fish, game or other
wildlife resources under the jurisdiction of the requesting
state agency, or if the department of ecology finds it
necessary to preserve water quality, establish such minimum
flows or levels as are required to protect the resource or
preserve the water quality described in the request or
determination. Any request submitted by the department of
fish and wildlife shall include a statement setting forth the
need for establishing a minimum flow or level. When the
department acts to preserve water quality, it shall include a
similar statement with the proposed rule filed with the code
reviser. This section shall not apply to waters artificially
stored in reservoirs, provided that in the granting of storage
permits by the department of ecology in the future, full
recognition shall be given to downstream minimum flows, if
any there may be, which have theretofore been established
hereunder. [1997 c 32 § 4; 1994 c 264 § 86; 1988 c 47 § 6.
Prior: 1987 c 506 § 96; 1987 c 109 § 103; 1969 ex.s. c 284
§ 3.]
Application—Severability—1988 c 47: See notes following RCW
43.83B.300.
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.22.020 Establishment of minimum water flows or
levels—Hearings—Notice—Rules. Flows or levels authorized for establishment under RCW 90.22.010, or subsequent
modification thereof by the department shall be provided for
through the adoption of rules. Before the establishment or
modification of a water flow or level for any stream or lake
or other public water, the department shall hold a public
hearing in the county in which the stream, lake, or other
public water is located. If it is located in more than one
county the department shall determine the location or
locations therein and the number of hearings to be conducted. Notice of the hearings shall be given by publication in
a newspaper of general circulation in the county or counties
(2002 Ed.)
Chapter 90.22
in which the stream, lake, or other public waters is located,
once a week for two consecutive weeks before the hearing.
The notice shall include the following:
(1) The name of each stream, lake, or other water
source under consideration;
(2) The place and time of the hearing;
(3) A statement that any person, including any private
citizen or public official, may present his or her views either
orally or in writing.
Notice of the hearing shall also be served upon the
administrators of the departments of social and health
services, natural resources, fish and wildlife, and transportation. [1994 c 264 § 87; 1987 c 506 § 97; 1985 c 196 § 1;
1984 c 7 § 384; 1969 ex.s. c 284 § 4.]
Legislative findings and intent—1987 c 506: See note following
RCW 77.04.020.
Severability—1984 c 7: See note following RCW 47.01.141.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.22.030 Existing water and storage rights—Right
to divert or store water. The establishment of levels and
flows pursuant to RCW 90.22.010 shall in no way affect
existing water and storage rights and the use thereof,
including but not limited to rights relating to the operation
of any hydroelectric or water storage reservoir or related
facility. No right to divert or store public waters shall be
granted by the department of ecology which shall conflict
with regulations adopted pursuant to RCW 90.22.010 and
90.22.020 establishing flows or levels. All regulations
establishing flows or levels shall be filed in a "Minimum
Water Level and Flow Register" of the department of
ecology. [1988 c 127 § 81; 1969 ex.s. c 284 § 5.]
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.22.040 Stockwatering requirements. It shall be
the policy of the state, and the department of ecology shall
be so guided in the implementation of RCW 90.22.010 and
90.22.020, to retain sufficient minimum flows or levels in
streams, lakes or other public waters to provide adequate
waters in such water sources to satisfy stockwatering
requirements for stock on riparian grazing lands which drink
directly therefrom where such retention shall not result in an
unconscionable waste of public waters. The policy hereof
shall not apply to stockwatering relating to feed lots and
other activities which are not related to normal stockgrazing
land uses. [1987 c 109 § 104; 1969 ex.s. c 284 § 6.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1969 ex.s. c 284: See note following RCW 90.48.290.
90.22.050
Civil penalties. See RCW 90.03.600.
90.22.060 Instream flow evaluations—Statewide list
of priorities—Salmon impact. By December 31, 1993, the
department of ecology shall, in cooperation with the Indian
tribes, and the department of fish and wildlife, establish a
statewide list of priorities for evaluation of instream flows.
In establishing these priorities, the department shall consider
the achievement of wild salmonid production as its primary
goal. [1998 c 245 § 172; 1993 sp.s. c 4 § 13.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
[Title 90 RCW—page 31]
Chapter 90.24
Title 90 RCW: Water Rights—Environment
Chapter 90.24
REGULATION OF OUTFLOW OF LAKES
Sections
90.24.010
90.24.020
90.24.030
90.24.040
90.24.050
90.24.060
90.24.066
90.24.070
Petition to regulate flow—Order—Exceptions.
Contents of petition.
Title of petition—Service of petition and order—Notice.
Hearing on petition—Order—Continuing jurisdiction.
Devices to protect the fish—Cost—Special fund.
Installation of devices.
Jurisdiction over weed control.
Appellate review.
90.24.010 Petition to regulate flow—Order—
Exceptions. Ten or more owners of real property abutting
on a lake may petition the superior court of the county in
which the lake is situated, for an order to provide for the
regulation of the outflow of the lake in order to maintain a
certain water level therein. If there are fewer than ten
owners, a majority of the owners abutting on a lake may
petition the superior court for such an order. The court, after
notice to the department of fish and wildlife and a hearing,
is authorized to make an order fixing the water level thereof
and directing the department of ecology to regulate the
outflow therefrom in accordance with the purposes described
in the petition. This section shall not apply to any lake or
reservoir used for the storage of water for irrigation or other
beneficial purposes, or to lakes navigable from the sea.
[1999 c 162 § 1; 1985 c 398 § 28; 1959 c 258 § 1; 1939 c
107 § 2; RRS § 7388-1.]
Effective date—1985 c 398: "Sections 28 through 30 of this act shall
take effect January 1, 1986." [1985 c 398 § 31.]
Lake management districts: Chapter 36.61 RCW.
90.24.020 Contents of petition. Such petition shall
contain a complete description of the property surrounding
said lake with the number of front feet contained in each
tract with the name of the owner thereof and his address together with a brief statement of the reasons and necessity for
such application; that the level sought to be established will
in no wise interfere with the navigability of said lake or in
any manner affect or interfere with fish or game fish which
may be then contained or may thereafter be deposited in said
lake, but that in order to protect fish or game fish in said
lake the construction of fish ladders or other devices may be
required to conserve and protect such fish or game fish, then
in that event the property owners to be benefited by the
establishment of said water level in such lake shall be required to pay the cost thereof, in proportion to lineal feet of
water front owned by each. [1939 c 107 § 3; RRS § 73882.]
90.24.030 Title of petition—Service of petition and
order—Notice. The petition shall be entitled "In the matter
of fixing the level of Lake . . . . . . in . . . . . . county,
Washington", and shall be filed with the clerk of the court
and a copy thereof, together with a copy of the order fixing
the time for hearing the petition, shall be served on each
owner of property abutting on the lake, not less than ten
days before the hearing. Like copies shall also be served
upon the director of fish and wildlife and the director of
ecology. The copy of the petition and of the order fixing
[Title 90 RCW—page 32]
time for hearing shall be served in the manner provided by
law for the service of summons in civil actions, or in such
other manner as may be prescribed by order of the court.
For the benefit of every riparian owner abutting on a stream
or river flowing from such lake, a copy of the notice of
hearing shall be published at least once a week for two
consecutive weeks before the time set for hearing in a newspaper in each county or counties wherein located, said notice
to contain a brief statement of the reasons and necessity for
such application. [1994 c 264 § 88; 1988 c 36 § 67; 1987
c 109 § 105; 1963 c 243 § 1; 1959 c 258 § 2; 1947 c 210 §
1; 1939 c 107 § 4; Rem. Supp. 1947 § 7388-3.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.24.040 Hearing on petition—Order—Continuing
jurisdiction. At the hearing evidence shall be introduced in
support of the petition and all interested parties may be
heard for or against it. The court shall make findings and
conclusions and enter an order granting or refusing the
petition, and if the petition is granted, shall fix the water
level to be maintained and direct the department of ecology
to regulate and control the outflow of the lake so as to properly maintain the water level so far as practicable within
maximum and minimum limits when the proper control
devices are installed: PROVIDED, That the court shall have
continuing jurisdiction after a petition is once granted and
shall, upon subsequent petition filed and heard in accordance
with the preceding sections, make such further findings and
conclusions and enter such further orders as are necessary to
accomplish fully the objectives sought in the initial petition:
AND PROVIDED FURTHER, That shall the court find any
such riparian owners abutting on a stream or river flowing
from such lake be adversely affected in any way by the
granting of such a petition, such petition shall be refused.
[1985 c 398 § 29; 1959 c 258 § 3; 1939 c 107 § 5; RRS §
7388-4.]
Effective date—1985 c 398: See note following RCW 90.24.010.
90.24.050 Devices to protect the fish—Cost—Special
fund. In the event the court shall find that to protect fish
and game fish in said lake that fish ladders or other devices
should be constructed therein or that other construction shall
be necessary in order to maintain the determined lake level,
the court shall find the proper device to be constructed, the
probable cost thereof and by its order and judgment shall
apportion the cost thereof among the persons whose property
abuts on said lake in proportion to the lineal feet of waterfront owned by each, which sum so found shall constitute a
lien against said real property and shall be paid to the county
treasurer and by him placed in a special fund to be known
as "Lake . . . . . . Improvement Fund." The director of
ecology shall appoint a suitable person to be compensated by
the property owners to regulate the determined level as
decreed by the court. [1988 c 127 § 82; 1939 c 107 § 6;
RRS § 7388-5.]
90.24.060 Installation of devices. Such improvement
or device in said lake for the protection of the fish and game
fish therein shall be installed by and under the direction of
the board of county commissioners of said county with the
(2002 Ed.)
Regulation of Outflow of Lakes
approval of the respective directors of the department of fish
and wildlife and the department of ecology of the state of
Washington and paid for out of the special fund provided for
in RCW 90.24.050. [1994 c 264 § 89; 1988 c 36 § 68; 1987
c 109 § 106. Prior: 1939 c 107 § 7; RRS § 7388-6.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.24.066 Jurisdiction over weed control. A
superior court may continue its jurisdiction over weed
control in those lakes that had been under the court’s
jurisdiction for such purposes prior to July 28, 1985. The
continuing jurisdiction of a superior court for such weed
control purposes shall be subject to the provisions of chapter
90.24 RCW in the same manner as the continuing jurisdiction of a superior court over the maintenance of lake water
levels.
The superior court shall hold hearings under RCW
90.24.040 whenever subsequent petitions are filed with it
concerning weed control on a lake over which it has continuing jurisdiction for weed control purposes. If the court finds
that the weed control proposals are in the best interests of
the abutting property owners, it shall determine what
measures should be taken to accomplish these objectives, the
probable annual cost thereof, and by its order apportion the
cost among the persons whose property abuts on the lake in
proportion to the lineal feet of waterfront owned by each,
which sum shall constitute a lien against the real property.
Payments of these sums shall be made to the county treasurer who shall place these payments into a special fund to be
known as "Lake . . . . . . weed removal fund." The court
shall appoint a suitable person, to be compensated by the
property owners, to undertake weed control activities as
decreed by the court. [1988 c 133 § 1.]
90.24.070 Appellate review. Any person aggrieved
by the order of judgment of the superior court may seek
appellate review in the same manner as in other civil actions.
[1988 c 202 § 93; 1971 c 81 § 177; 1939 c 107 § 8; RRS §
7388-7.]
Severability—1988 c 202: See note following RCW 2.24.050.
Chapter 90.28
MISCELLANEOUS RIGHTS AND DUTIES
Sections
90.28.010
90.28.020
90.28.040
90.28.160
90.28.170
Right to back and hold waters over roads, streets, and alleys—Procedure.
Right to back and hold waters over roads, streets, and alleys—Relocation—Acquisition of rights—Abandonment.
Limitation on number of irrigation ditches across land.
Fencing across streams.
Dams across streams.
90.28.010 Right to back and hold waters over
roads, streets, and alleys—Procedure. The department of
transportation may, in its sole discretion, grant to any person
or corporation the right, privilege, and authority to perpetually back and hold the waters of any lake, river, stream,
slough, or other body of water, upon or over any state,
county, or permanent highway or road, or any street or alley
(2002 Ed.)
90.24.060
within the limits of any town, or any part thereof, and
overflow and inundate the same whenever the director of
ecology deems it necessary for the purpose of erecting,
constructing, maintaining, or operating any water power
plant, reservoir, or works for impounding water for power
purposes, irrigation, mining, or other public use and shall so
certify to the department of transportation. The decision of
the department of transportation, in the absence of bad faith,
arbitrary, capricious, or fraudulent action, is conclusive. But
the right shall not be granted until it has been heretofore or
is hereafter determined in a condemnation suit instituted by
the person or corporation desiring to obtain the right or
rights in the county wherein is situated that part of the road,
highway, street, or alley so to be affected that the use for
which the grant is sought is a public use, nor until there is
filed with the clerk of the court in which the order or decree
of public use was entered a bond or undertaking signed by
the person or corporation seeking the grant, executed by a
surety company authorized to do business in this state,
conditioned to pay all costs and expenses of every kind and
description connected with and incident to the relocation and
reconstruction of any such highway, road, street, or alley, the
same to be of substantially the same type and grade of
construction as that of the highway, road, street, or alley to
be overflowed or inundated, including any such relocation,
reconstruction, and maintenance costs and expenses as may
arise within a period of eighteen months after the new
highway, road, street, or alley has been opened in its entirety
to public travel, and also including any and all damages for
which the state, county, city, or town may be liable because
of the vacation of any such highway, road, street, or alley
and the relocation thereof in the manner provided herein and
to save harmless the state, county, city, or town from the
payment of the same or any part thereof. The bond shall be
in a penal sum of double the estimated amount of the
expenses, costs, and damages referred to above. In the case
of a state highway the estimate shall be made by the
department of transportation. In case of a county road or
permanent highway the estimate shall be made by the county
legislative authority, and in the case of a street or alley of a
town the estimate shall be made by the city or town council.
The bond shall be approved by the department of
transportation when the road to be affected is a state highway, and in all other cases by a judge of the superior court
in which the order or decree of public use was entered. In
the condemnation suit the state of Washington shall be made
a party defendant when the road affected is a state highway.
If the road is a county road or permanent highway the
county in which the road or permanent highway is situated
shall be made a party defendant, and when any street or
alley in any town is affected the city or town shall be made
a party defendant. Any person or corporation may acquire
the right to overflow as against the owner of the fee in any
such highway, road, street, or alley by making the owner of
the fee or of any part thereof a party defendant in the
condemnation suit provided for herein or by instituting a
separate condemnation suit against any such owner. The
damages sustained by any such owner as a result of the
overflow of any such highway, road, street, or alley shall be
determined as in other condemnation cases, separate and
apart from any damage sustained by the state, county, city,
[Title 90 RCW—page 33]
90.28.010
Title 90 RCW: Water Rights—Environment
or town. [1994 c 81 § 87; 1984 c 7 § 385; 1929 c 154 § 1;
1927 c 202 § 1; RRS § 7354-1.]
Severability—1984 c 7: See note following RCW 47.01.141.
Eminent domain by corporations: Chapter 8.20 RCW.
Private ways of necessity: Chapter 8.24 RCW.
90.28.020 Right to back and hold waters over
roads, streets, and alleys—Relocation—Acquisition of
rights—Abandonment. It shall be the duty of the department of transportation, if the road to be affected shall be a
state highway, or of the county legislative authority of the
county in which such road is located, if the road to be
affected shall be a county road, or permanent highway, or of
the council of any town in which the road is located, if the
road to be affected shall be a street or alley, within thirty
days after entry of said order or decree of public use and the
filing of the bond mentioned in RCW 90.28.010, to enter an
appropriate order or resolution directing the relocation and
reestablishment and completion forthwith of such highway,
road, street or alley in place of that so to be overflowed or
inundated, and promptly thereafter to acquire all property
and rights of way necessary therefor, instituting and diligently prosecuting such condemnation suits as may be necessary
in order to secure such property and rights of way. The
decision of the committee, board or council as to relocation
and reestablishment set forth in such order or resolution shall
be final and conclusive as to all matters and things set forth
therein, including the question of public use and necessity in
any and all condemnation suits to be brought under RCW
90.28.010 and 90.28.020. After the reestablishment and
relocation of any such highway, road, street or alley and the
construction and opening thereof in its entirety to public
travel and the signing of the grant authorized in RCW
90.28.010, the state highway, county road or permanent
highway, street or alley or such part thereof described in said
grant shall be deemed to be abandoned and thereafter cease
to be a highway, road, street or alley. [1994 c 81 § 88;
1927 c 202 § 2; RRS § 7354-2.]
Eminent domain by corporations: Chapter 8.20 RCW.
Private ways of necessity: Chapter 8.24 RCW.
90.28.040 Limitation on number of irrigation
ditches across land. No tract or parcel of improved or
occupied land in this state shall, without the written consent
of the owner thereof, be subjected to the burden of two or
more irrigating ditches constructed for the purpose of
conveying water through said property to lands adjoining or
beyond the same, when the same object can feasibly and
practicably be attained by uniting and conveying all the
water necessary to be conveyed through such property in one
ditch. [1890 p 717 § 39; RRS § 7401.]
90.28.160 Fencing across streams. Owners of land
or their agents shall have the right to fence across all
unmeandered streams at any time when such streams are not
used for a public highway, or by making a fence that will
not be an obstruction. [1891 c 120 § 3; no RRS.]
90.28.170 Dams across streams. There is hereby
granted to persons, firms and corporations organized among
[Title 90 RCW—page 34]
other things, for irrigation and power purposes, the right to
construct and maintain dams and works incident thereto over,
upon and across the beds of the rivers of the state of
Washington in connection with such power and irrigation
purposes, and there is hereby granted to such persons, firms
and corporations an easement over, upon and across the beds
of such rivers for such purposes. Such easement shall be
limited however, to so much of the beds of such rivers as
may be reasonably convenient and necessary for such uses.
All such dams and works shall be completed within five
years after the commencement of construction work upon the
same. The rights and privileges granted by this section shall
inure to the benefit of such persons, firms or corporations
from the date of the commencement of construction work
upon such dams and works incident thereto, and such
construction work shall be diligently prosecuted to completion, and the rights, privileges and easements granted by this
section shall continue so long as the same shall be utilized
by the grantees for the purposes herein specified, and the
failure to maintain and use such dams and works after the
same shall have been constructed, for a continuous period of
two years, shall operate as a forfeiture of all the rights
hereby granted and the same shall revert to the state of
Washington: PROVIDED, That nothing in this section shall
be construed in such a way as to interfere with the use of
said rivers for navigation purposes, and all of such rights,
privileges and easements granted hereby shall be subject to
the paramount control of such rivers for navigation purposes
by the United States: AND, PROVIDED FURTHER, That
the use and enjoyment of the grants and privileges of this
section shall not interfere with the lawful and rightful
diversion of the waters of said rivers by other parties under
water appropriations in existence at the time any such
persons, firms or corporations shall avail themselves of the
benefits and privileges of this section, but no such persons,
firms or corporations shall have any right to construct any
such dams or works over, upon or across the land between
ordinary high water and extreme low water of any river of
this state without first having acquired the right to do so
from the owner or owners of the lands adjoining the land
between ordinary high water and extreme low water over or
across which said dam or works are constructed. [1911 c 95
§ 1; RRS § 7416.]
Reviser’s note: For later enactment, see chapter 90.03 RCW.
Height of dams on tributaries of Columbia river: Chapter 77.55 RCW.
Chapter 90.36
ARTESIAN WELLS
Sections
90.36.010 Right-of-way to wells.
90.36.020 Flow limited during certain period—Exceptions.
90.36.030 Capping well—Exceptions.
90.36.040 Right of neighboring owner to cap well—Lien.
90.36.050 Penalty—1901 c 121.
Aquifer protection areas: Chapter 36.36 RCW.
90.36.010 Right-of-way to wells. Any person who
may be entitled to water from any artesian well shall have
the right to condemn the right-of-way for a ditch to convey
such water for the purpose of irrigation over the lands
(2002 Ed.)
Artesian Wells
intervening between such well and the place where the party
owning such water wishes to use the same, and such rightof-way may be condemned sufficient for the purposes of
conveying the water, together with the right of ingress and
egress, to construct, maintain and repair said ditch, *as is
hereinafter provided for in this act. [1890 p 711 § 18; RRS
§ 7403.]
*Reviser’s note: The language "as is hereinafter provided for in this
act" refers to 1889-90 pp 706-728 §§ 1-67 which has since been repealed
with the exception of those sections now codified as RCW 90.28.030 and
90.28.040. Compare the provisions of later enactment in chapter 90.03
RCW.
90.36.020 Flow limited during certain period—
Exceptions. It shall be unlawful for any person, firm,
corporation or company having possession or control of any
artesian well within the state, whether as contractor, owner,
lessee, agent or manager, to allow or permit water to flow or
escape from such well between the fifteenth day of October
in any year and the fifteenth day of March next ensuing;
PROVIDED, That *this act shall only apply to sections and
communities wherein the use of water for the purpose of
irrigation is necessary or customary; and PROVIDED
FURTHER, That nothing herein contained shall prevent or
prohibit the use of water from any such well between said
fifteenth day of October and the fifteenth day of March next
ensuing, for household, stock and domestic purposes only,
water for said last named purposes to be taken from such
well through a three-quarters inch stop and waste cock to be
inserted in the piping of such well for that purpose. [1929
c 138 § 1; 1901 c 121 § 1; RRS § 7404.]
*Reviser’s note: "this act" refers to 1901 c 121 codified in RCW
90.36.020 through 90.36.050.
90.36.030 Capping well—Exceptions. It shall be the
duty of every person, firm, corporation or company having
possession or control of any artesian well, as provided in
RCW 90.36.020, to securely cap the same over on or before
the fifteenth day of October in each and every year in such
manner as to prevent the flow or escape of water therefrom,
and to keep the same securely capped and prevent the flow
or escape of water therefrom until the fifteenth day of March
next ensuing; PROVIDED, HOWEVER, It shall and may be
lawful for any such person, firm, corporation or company to
insert a three-quarters inch stop and waste cock in the piping
of such well, and to take and use water therefrom through
such stop and waste cock at any time for household, stock,
or domestic purposes, but not otherwise. [1929 c 138 § 2;
1901 c 121 § 2; RRS § 7405.]
90.36.040 Right of neighboring owner to cap well—
Lien. Whenever any person, firm, corporation or company
in possession or control of an artesian well shall fail to
comply with the provisions of *this act, any person, firm,
corporation or company lawfully in the possession of land
situate adjacent to or in the vicinity or neighborhood of such
well and within five miles thereof may enter upon the land
upon which such well is situate, and take possession of such
from which water is allowed to flow or escape in violation
of the provisions of RCW 90.36.020, and cap such well and
shut in and secure the flow or escape of water therefrom,
and the necessary expenses incurred in so doing shall consti(2002 Ed.)
90.36.010
tute a lien upon said well, and a sufficient quantity of land
surrounding the same for the convenient use and operation
thereof, which lien may be foreclosed in a civil action in any
court of competent jurisdiction, and the court in any such
case shall allow the plaintiff a reasonable attorney’s fee to be
taxed as a part of the cost. This shall be in addition to the
penalty provided for in RCW 90.36.050. [1901 c 121 § 4;
RRS § 7407.]
*Reviser’s note: "this act," see note following RCW 90.36.020.
90.36.050 Penalty—1901 c 121. Any person whether
as owner, lessee, agent or manager having possession or
control of any such well, violating the provisions of *this act
shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not exceeding two
hundred dollars for each and every such offense, and the
further sum of two hundred dollars for each ten days during
which such violation shall continue. [1901 c 121 § 3; RRS
§ 7406.]
*Reviser’s note: "this act," see note following RCW 90.36.020.
Chapter 90.38
YAKIMA RIVER BASIN WATER RIGHTS
Sections
90.38.005
90.38.010
90.38.020
90.38.030
90.38.040
90.38.050
90.38.900
90.38.901
90.38.902
Findings—Purpose.
Definitions.
Acquisition or donation of trust water rights.
Water conservation projects—Contracts for financial assistance.
Trust water rights program.
Rules.
Existing policies not replaced.
Transfer of rights between irrigation districts not intended.
Existing rights not impaired.
90.38.005 Findings—Purpose. (1) The legislature
finds that:
(a) Under present physical conditions in the Yakima
river basin there is an insufficient supply of water to satisfy
the needs of the basin;
(b) Pursuant to P.L. 96-162, which was urged for
enactment by this state, the United States is now conducting
a study of ways to provide needed waters through improvements of the federal water project presently existing in the
Yakima river basin;
(c) The interests of the state will be served by developing programs, in cooperation with the United States and the
various water users in the basin, that increase the overall
ability to manage basin waters in order to better satisfy both
present and future needs for water in the Yakima river basin.
(2) It is the purpose of this chapter, consistent with
these findings, to improve the ability of the state to work
with the United States and various water users of the
Yakima river basin in a program designed to satisfy both
existing rights, and other presently unmet as well as future
needs of the basin.
(3) The provisions of this chapter apply only to waters
of the Yakima river basin. [1989 c 429 § 1.]
[Title 90 RCW—page 35]
90.38.010
Title 90 RCW: Water Rights—Environment
90.38.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Net water savings" means the amount of water that
through hydrological analysis is determined to be conserved
and usable for other purposes without impairing existing
water rights, reducing the ability to deliver water, or reducing the supply of water that otherwise would have been
available to other water users.
(3) "Trust water right" means that portion of an existing
water right, constituting net water savings, that is no longer
required to be diverted for beneficial use due to the installation of a water conservation project that improves an existing
system. The term "trust water right" also applies to any
other water right acquired by the department under this
chapter for management in the Yakima river basin trust
water rights program.
(4) "Water conservation project" means any project
funded to further the purposes of this chapter and that
achieves physical or operational improvements of efficiency
in existing systems for diversion, conveyance, or application
of water under existing water rights. [1989 c 429 § 2.]
90.38.020 Acquisition or donation of trust water
rights. (1)(a) The department may acquire water rights,
including but not limited to storage rights, by purchase,
lease, gift, or other appropriate means other than by condemnation, from any person or entity or combination of persons
or entities. Once acquired, such rights are trust water rights.
A water right acquired by the state that is expressly conditioned to limit its use to instream purposes shall be administered as a trust water right in compliance with that condition.
(b) If the holder of a right to water from a body of
water chooses to donate all or a portion of the person’s
water right to the trust water system to assist in providing
instream flows on a temporary or permanent basis, the
department shall accept the donation on such terms as the
person may prescribe as long as the donation satisfies the
requirements of subsection (4) of this section and the other
applicable requirements of this chapter and the terms prescribed are relevant and material to protecting any interest in
the water right retained by the donor. Once accepted, such
rights are trust water rights within the conditions prescribed
by the donor.
(2) The department may make such other arrangements,
including entry into contracts with other persons or entities
as appropriate to ensure that trust water rights acquired in
accordance with this chapter can be exercised to the fullest
possible extent.
(3) The trust water rights may be acquired on a temporary or permanent basis.
(4) A water right donated under subsection (1)(b) of this
section shall not exceed the extent to which the water right
was exercised during the five years before the donation nor
may the total of any portion of the water right remaining
with the donor plus the donated portion of the water right
exceed the extent to which the water right was exercised
during the five years before the donation. A water right
holder who believes his or her water right has been impaired
by a trust water right donated under subsection (1)(b) of this
[Title 90 RCW—page 36]
section may request that the department review the impairment claim. If the department determines that exercising the
trust water right resulting from the donation or exercising a
portion of that trust water right donated under subsection
(1)(b) of this section is impairing existing water rights in
violation of RCW 90.38.902, the trust water right shall be
altered by the department to eliminate the impairment. Any
decision of the department to alter or not alter a trust water
right donated under subsection (1)(b) of this section is
appealable to the pollution control hearings board under
RCW 43.21B.230. A donated water right’s status as a trust
water right under this subsection is not evidence of the
validity or quantity of the water right.
(5) Any water right conveyed to the trust water right
system as a gift that is expressly conditioned to limit its use
to instream purposes shall be managed by the department for
public purposes to ensure that it qualifies as a gift that is
deductible for federal income taxation purposes for the
person or entity conveying the water right.
(6) If the department acquires a trust water right by
lease, the amount of the trust water right shall not exceed the
extent to which the water right was exercised during the five
years before the acquisition was made nor may the total of
any portion of the water right remaining with the original
water right holder plus the portion of the water right leased
by the department exceed the extent to which the water right
was exercised during the five years before the acquisition.
A water right holder who believes his or her water right has
been impaired by a trust water right leased under this
subsection may request that the department review the
impairment claim. If the department determines that
exercising the trust water right resulting from the leasing or
exercising of a portion of that trust water right leased under
this subsection is impairing existing water rights in violation
of RCW 90.38.902, the trust water right shall be altered by
the department to eliminate the impairment. Any decision
of the department to alter or not to alter a trust water right
leased under this subsection is appealable to the pollution
control hearings board under RCW 43.21B.230. The
department’s leasing of a trust water right under this subsection is not evidence of the validity or quantity of the water
right.
(7) For a water right donated to or acquired by the trust
water rights program on a temporary basis, the full quantity
of water diverted or withdrawn to exercise the right before
the donation or acquisition shall be placed in the trust water
rights program and shall revert to the donor or person from
whom it was acquired when the trust period ends. [2002 c
329 § 7; 2001 c 237 § 28; 1989 c 429 § 3.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.38.030 Water conservation projects—Contracts
for financial assistance. (1) For the purposes of this
chapter, the department is authorized to enter into contracts
with water users for the purpose of providing moneys to
users to assist in the financing of water conservation projects. In exchange for the financial assistance provided for
the purposes of this chapter, the water users shall convey the
(2002 Ed.)
Yakima River Basin Water Rights
90.38.030
trust water rights, created as a result of the assistance, to the
department of ecology.
(2) No contract shall be entered into by the department
with a water user under this chapter unless it appears to the
department that, upon the completion of a water conservation
project financed with moneys as provided in this section, a
valid water right exists for conveyance to the department.
(3) The department shall cooperate fully with the United
States in the implementation of this chapter. Trust water
rights may be acquired through expenditure of funds provided by the United States and shall be treated in the same
manner as trust water rights resulting from the expenditure
of state funds.
(4) When water is proposed to be acquired by or
conveyed to the department as a trust water right by an
irrigation district, evidence of the district’s authority to
represent the water right holders must be submitted to, and
for the satisfaction of, the department.
(5) The department shall not acquire an individual’s
water right under this chapter that is appurtenant to land
lying within an irrigation district without the approval of the
board of directors of the irrigation district. [1989 c 429 § 4.]
same time the department may also send notice thereof
containing pertinent information to the director of fish and
wildlife.
(c) Subsections (4) and (5)(b) of this section do not
apply to a trust water right resulting from a donation for
instream flows described in RCW 90.38.020(1)(b) or from
the lease of a water right under RCW 90.38.020(6) if the
period of the lease does not exceed five years. However, the
department shall provide the notice described in (b) of this
subsection the first time the trust water right resulting from
the donation is exercised.
(6) RCW 90.03.380 and 90.14.140 through 90.14.910
shall have no applicability to trust water rights held by the
department under this chapter or exercised under this section.
[2001 c 237 § 29; 1994 c 264 § 90; 1989 c 429 § 5.]
90.38.040 Trust water rights program. (1) All trust
water rights acquired by the department shall be placed in
the Yakima river basin trust water rights program to be
managed by the department. The department shall issue a
water right certificate in the name of the state of Washington
for each trust water right it acquires.
(2) Trust water rights shall retain the same priority date
as the water right from which they originated. Trust water
rights may be modified as to purpose or place of use or
point of diversion, including modification from a diversionary use to a nondiversionary instream use.
(3) Trust water rights may be held by the department for
instream flows, irrigation use, or other beneficial use. Trust
water rights may be acquired on a temporary or permanent
basis. To the extent practicable and subject to legislative
appropriation, trust water rights acquired in an area with an
approved watershed plan developed under chapter 90.82
RCW shall be consistent with that plan if the plan calls for
such acquisition.
(4) A schedule of the amount of net water saved as a
result of water conservation projects carried out in accordance with this chapter, shall be developed annually to
reflect the predicted hydrologic and water supply conditions,
as well as anticipated water demands, for the upcoming
irrigation season. This schedule shall serve as the basis for
the distribution and management of trust water rights each
year.
(5)(a) No exercise of a trust water right may be authorized unless the department first determines that no existing
water rights, junior or senior in priority, will be impaired as
to their exercise or injured in any manner whatever by such
authorization.
(b) Before any trust water right is exercised, the
department shall publish notice thereof in a newspaper of
general circulation published in the county or counties in
which the storage, diversion, and use are to be made, and in
such other newspapers as the department determines are
necessary, once a week for two consecutive weeks. At the
90.38.900 Existing policies not replaced. The
policies and purposes of this chapter shall not be construed
as replacing or amending the policies or the purposes for
which funds available under chapter 43.83B or 43.99E RCW
may be used within or without the Yakima river basin.
[1989 c 429 § 7.]
(2002 Ed.)
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.38.050 Rules. The department may adopt rules as
appropriate to ensure full implementation of this chapter.
[1989 c 429 § 6.]
90.38.901 Transfer of rights between irrigation
districts not intended. It is not the intent of this chapter to
facilitate the transfer of water rights from one irrigation
district to another. [1989 c 429 § 8.]
90.38.902 Existing rights not impaired. Nothing in
this chapter shall authorize the impairment or operate to
impair any existing water rights. [1989 c 429 § 9.]
Chapter 90.40
WATER RIGHTS OF UNITED STATES
Sections
90.40.010
90.40.020
90.40.030
90.40.040
90.40.050
90.40.060
90.40.070
90.40.080
90.40.090
90.40.100
Eminent domain by the United States.
Right to use water courses.
Notice and certificate, effect of.
Appropriation of water—Title to beds and shores.
Reservation of needed lands—Procedure.
Restrictions on sale of state lands within project.
Federal water users’ association—Exemption from fees.
Federal water users’ association—Records by county auditor.
Permit for Grand Coulee project.
Columbia Basin Project—Water appropriated pursuant to
RCW 90.40.030—Periodic renewal not required.
90.40.010 Eminent domain by the United States.
The United States is hereby granted the right to exercise the
power of eminent domain to acquire the right to the use of
any water, to acquire or extinguish any rights, and to acquire
any lands or other property, for the construction, operation,
repairs to, maintenance or control of any plant or system of
[Title 90 RCW—page 37]
90.40.010
Title 90 RCW: Water Rights—Environment
works for the storage, conveyance, or use of water for
irrigation purposes, and whether such water, rights, lands or
other property so to be acquired belong to any private party,
association, corporation or to the state of Washington, or any
municipality thereof; and such power of eminent domain
shall be exercised under and by the same procedure as now
is or may be hereafter provided by the law of this state for
the exercise of the right of eminent domain by ordinary
railroad corporations, except that the United States may
exercise such right in the proper court of the United States
as well as the proper state court. [1905 c 88 § 1; RRS §
7408.]
Condemnation by corporations: Chapter 8.20 RCW.
Eminent domain, railroads—Corporate powers and duties: RCW
81.36.010.
Special railroad eminent domain proceedings: RCW 8.20.140, 28B.20.330,
81.36.020, 81.36.060, 81.52.040, 81.53.180.
90.40.020 Right to use water courses. The United
States shall have the right to turn into any natural or artificial water course, any water that it may have acquired the
right to store, divert, or store and divert, and may again
divert and reclaim said waters from said water course for
irrigation purposes subject to existing rights. [1905 c 88 §
2; RRS § 7409.]
90.40.030 Notice and certificate, effect of. Whenever
the secretary of the interior of the United States, or any
officer of the United States duly authorized, shall notify the
commissioner of public lands of this state that pursuant to
the provisions of the act of congress approved June 17,
1902, entitled, "An act appropriating the receipts from the
sale and disposal of public lands in certain states and
territories to the construction of irrigation works for the
reclamation of arid lands," or any amendment of said act or
substitute therefor, the United States intends to make
examinations or surveys for the utilization of certain specified waters, the waters so described shall not thereafter be
subject to appropriation under any law of this state for a
period of one year from and after the date of the receipt of
such notice by such commissioner of public lands; but such
notice shall not in any wise affect the appropriation of any
water theretofore in good faith initiated under any law of this
state, but such appropriation may be completed in accordance with the law in the same manner and to the same
extent as though such notice had not been given. No
adverse claim to any of such waters initiated subsequent to
the receipt by the commissioner of public lands of such
notice shall be recognized, under the laws of this state,
except as to such amount of the waters described in such
notice or certificate hereinafter provided as may be formally
released in writing by a duly authorized officer of the United
States. If the said secretary of the interior or other duly
authorized officer of the United States shall, before the
expiration of said period of one year, certify in writing to the
said commissioner of public lands that the project contemplated in such notice appears to be feasible and that the
investigation will be made in detail, the waters specified in
such notice shall not be subject to appropriation under any
law of this state for the further period of three years following the date of receipt of such certificate, and such further
[Title 90 RCW—page 38]
time as the commissioner of public lands may grant, upon
application of the United States or some one of its authorized officers and notice thereof first published once in each
week for four consecutive weeks in a newspaper published
in the county where the works for the utilization of such
waters are to be constructed, and if such works are to be in
or extend into two or more counties, then for the same
period in a newspaper in each of such counties: PROVIDED, That in case such certificate shall not be filed with said
commissioner of public lands within the period of one year
herein limited therefor the waters specified in such notice
shall, after the expiration of said period of one year, become
unaffected by such notice and subject to appropriation as
they would have been had such notice never been given:
AND PROVIDED FURTHER, That in case such certificate
be filed within said one year and the United States does not
authorize the construction of works for the utilization of such
waters within said three years after the filing of said certificate, then the waters specified in such notice and certificate
shall, after the expiration of said last named period of three
years, become unaffected by such notice or certificate and
subject to appropriation as they would have been had such
notice never been given and such certificate never filed.
[1905 c 88 § 3; RRS § 7410.]
Reviser’s note: This section refers to the "commissioner of public
lands" in several instances. Note that a later act, the 1917 Water Code, in
section 27 (RCW 90.03.250) states in part:
"PROVIDED, FURTHER, That nothing in this act contained shall be
deemed to affect chapter 88 of the Laws of 1905 except that the notice and
certificate therein provided for in section 3 thereof shall be addressed to the
state hydraulic engineer after the passage of this act, and the state hydraulic
engineer shall exercise the powers and perform the duties prescribed by said
section 3."
Chapter 88, Laws of 1905 referred to in the above quotation is the
instant chapter and "section 3" is the instant section. The language "this
act" in the above quotation refers to the 1917 Water Code codified as
chapter 90.03 RCW. The "state hydraulic engineer" referred to in the
quotation has been changed throughout the remainder of this title because
of the devolution of the powers and duties to "supervisor of water
resources", see note following the title digest. Thus, the language
"commissioner of public lands" is retained in the instant section and in
RCW 90.40.050 and 90.40.060 because while some of the duties have been
transferred to the hydraulic engineer thence to the supervisor of water
resources not all of such duties prescribed in this chapter have so devolved.
90.40.040 Appropriation of water—Title to beds
and shores. Whenever said secretary of the interior or other
duly authorized officer of the United States shall cause to be
let a contract for the construction of any irrigation works or
any works for the storage of water for use in irrigation, or
any portion or section thereof, for which the withdrawal has
been effected as provided in RCW 90.40.030, any authorized
officer of the United States, either in the name of the United
States or in such name as may be determined by the secretary of the interior, may appropriate, in behalf of the United
States, so much of the unappropriated waters of the state as
may be required for the project, or projects, for which water
has been withdrawn or reserved under RCW 90.40.030,
including any and all divisions thereof, theretofore constructed, in whole or in part, by the United States or proposed to
be thereafter constructed by the United States, such appropriation to be made, maintained and perfected in the same
manner and to the same extent as though such appropriation
had been made by a private person, corporation or association, except that the date of priority as to all rights under
(2002 Ed.)
Water Rights of United States
such appropriation in behalf of the United States shall relate
back to the date of the first withdrawal or reservation of the
waters so appropriated, and in case of filings on water previously withdrawn under RCW 90.40.030, no payment of fees
will be required. Such appropriation by or on behalf of the
United States shall inure to the United States, and its
successors in interest, in the same manner and to the same
extent as though said appropriation had been made by a
private person, corporation or association. The title to the
beds and shores of any navigable lake or stream utilized by
the construction of any reservoir or other irrigation works
created or constructed as a part of such appropriation
hereinbefore in this section provided for, shall vest in the
United States to the extent necessary for the maintenance,
operation and control of such reservoir or other irrigation
works. [1929 c 95 § 1; 1905 c 88 § 4; RRS § 7411.]
90.40.050 Reservation of needed lands—Procedure.
When the notice provided for in RCW 90.40.030 shall be
given to the commissioner of public lands the proper officers
of the United States may file with the said commissioner a
list of lands (including in the term "lands" as here used, the
beds and shores of any lake, river, stream, or other waters)
owned by the state, over or upon which the United States
may require rights-of-way for canals, ditches or laterals or
sites for reservoirs and structures therefor or appurtenant
thereto, or such additional rights-of-way and quantity of land
as may be required for the operation and maintenance of the
completed works for the irrigation project contemplated in
such notice, and the filing of such list shall constitute a
reservation from the sale or other disposal by the state of
such lands so described, which reservation shall, upon the
completion of such works and upon the United States by its
proper officers filing with the commissioner of public lands
of the state a description of such lands by metes and bounds
or other definite description, ripen into a grant from the state
to the United States. The state, in the disposal of lands
granted from the United States to the state, shall reserve for
the United States rights-of-way for ditches, canals, laterals,
telephone and transmission lines which may be required by
the United States for the construction, operation and maintenance of irrigation works. [1905 c 88 § 5; RRS § 7412.]
Reviser’s note: See note following RCW 90.40.030.
90.40.060 Restrictions on sale of state lands within
project. After the receipt by the commissioner of public
lands of the notice from the secretary of the interior or other
officer of the United States provided for in RCW 90.40.030,
no lands belonging to the state, susceptible of irrigation and
within the area to be irrigated from the works projected by
the United States and specified in such notice shall be sold
except in conformity to the classification of farm units by
the United States, and the title to such lands shall not pass
from the state until the applicant therefor shall have fully
complied with the provisions of the laws of the United States
and the regulations thereunder concerning the acquisition of
the right to use water from such works and shall produce the
evidence thereof duly issued: PROVIDED, That the restrictions upon the sale or other disposal by the state of any
state lands provided for in this section shall continue for the
same periods, respectively, and upon the same conditions, as
(2002 Ed.)
90.40.040
specified in RCW 90.40.030 for the withdrawal of waters
from appropriation: AND PROVIDED FURTHER, That in
case the authorization by the United States for the construction of irrigation works pursuant to RCW 90.40.030 shall be
made within the period of three years specified therefor in
said section, then the restrictions upon and conditions
prescribed for the sale or other disposal of said lands in this
section shall continue so long as any such lands shall remain
unsold or not disposed of. [1905 c 88 § 6; RRS § 7413.]
Reviser’s note: See note following RCW 90.40.030.
90.40.070 Federal water users’ association—
Exemption from fees. Any water users’ association which
is organized in conformity with the requirements of the
United States under said act of congress, and which under its
articles of incorporation is authorized to furnish water only
to its stockholders, shall be exempt from the payment of any
incorporation tax, and from the payment of any annual
franchise tax; but shall be required to pay, as preliminary to
its incorporation, only a fee of twenty dollars for the filing
and recording of its articles of incorporation and the issuance
of certificates of incorporation. Whenever, with the consent
of the secretary of the interior of the United States, the
stockholders of any such association shall adopt any other
form of organization to manage the affairs of such reclamation project in connection with which any such water users’
association has been organized, such association may
dissolve or disincorporate itself by the procedure and subject
to the laws relating to the disincorporation of corporations in
this state when such dissolution is authorized by a vote of
two-thirds of all the stockholders represented at a meeting of
the stockholders called for such purpose. [1919 c 42 § 1;
1905 c 88 § 7; RRS § 7414.]
Corporations and associations (nonprofit): Title 24 RCW.
90.40.080 Federal water users’ association—
Records by county auditor. It shall be the duty of the
county auditor to provide record books containing printed
forms of the articles of incorporation and stock subscriptions
to the stock of water users’ associations organized in
conformity with the requirements of the United States under
said act of congress, and to use such books for recording
stock subscriptions of such associations; and the charges for
the recording thereof shall be made on the basis of the
number of words actually written therein and not for the
printed form. [1905 c 88 § 8; RRS § 7415.]
90.40.090 Permit for Grand Coulee project. An
application filed by the department of ecology or its assignee, the United States Bureau of Reclamation, for a permit to
appropriate waters of the Columbia River under chapter
90.03 RCW, for the development of the Grand Coulee
project shall be perfected in the same manner and to the
same extent as though such appropriation had been made by
a private person, corporation or association, but no fees, as
provided for in RCW 90.03.470, shall be required. [1988 c
127 § 83; 1933 ex.s. c 13 § 4; RRS § 7399-1, pocket part.]
Severability—1933 ex.s. c 13: "The adjudication of invalidity of any
section, clause, or part of a section of this act, shall not impair or otherwise
affect the validity of the act as a whole or any part thereof." [1933 ex.s. c
13 § 6; RRS § 7399-2.]
[Title 90 RCW—page 39]
90.40.100
Title 90 RCW: Water Rights—Environment
90.40.100 Columbia Basin Project—Water appropriated pursuant to RCW 90.40.030—Periodic renewal
not required. Any water withdrawn from appropriation
pursuant to RCW 90.40.030 associated with the Columbia
Basin Project shall continue as withdrawn from appropriation, without need for periodic renewal, until the project is
declared completed or abandoned by the United States acting
by and through the secretary of the interior or such other
duly authorized officer of the United States. [1987 c 491 §
1.]
Chapter 90.42
WATER RESOURCE MANAGEMENT
Sections
90.42.005
90.42.010
90.42.020
90.42.030
90.42.040
90.42.050
90.42.060
90.42.070
90.42.080
90.42.090
90.42.900
Policy—Findings.
Findings—Intent.
Definitions.
Contracts to finance water conservation projects—Public
benefits—Trust water rights.
Trust water rights program—Water right certificate—Notice
of creation or modification.
Guidelines governing trust water rights—Submission of
guidelines to joint select committee.
Chapter 43.83B or 43.99E RCW not replaced or amended.
Involuntary impairment of existing water rights not authorized.
Trust water rights—Acquisition, donation, exercise, and
transfer—Appropriation required for expenditure of
funds.
Jurisdictional authorities not altered.
Severability—1991 c 347.
90.42.005 Policy—Findings. (1) It is the policy of
the state of Washington to recognize and preserve water
rights in accordance with RCW 90.03.010.
(2) The legislature finds that:
(a) The state of Washington is faced with a shortage of
water with which to meet existing and future needs, particularly during the summer and fall months and in dry years
when the demand is greatest;
(b) Consistent with RCW 90.54.180, conservation and
water use efficiency programs, including storage, should be
the preferred methods of addressing water uses because they
can relieve current critical water situations, provide for
presently unmet needs, and assist in meeting future water
needs. Presently unmet needs or current needs includes the
water required to increase the frequency of occurrence of
base or minimum flow levels in streams of the state, the
water necessary to satisfy existing water rights, or the water
necessary to provide full supplies to existing water systems
with current supply deficiencies; and
(c) The interests of the state will be served by developing programs and regional water resource plans, in cooperation with local governments, federally recognized tribal
governments, appropriate federal agencies, private citizens,
and the various water users and water interests in the state,
that increase the overall ability to manage the state’s waters
in order to resolve conflicts and to better satisfy both present
and future needs for water. [1991 c 347 § 1.]
Purposes—1991 c 347: "The purposes of this act are to:
(1) Improve the ability of the state to work with the United States,
local governments, federally recognized tribal governments, water right
holders, water users, and various water interests in water conservation and
[Title 90 RCW—page 40]
water use efficiency programs designed to satisfy existing rights, presently
unmet needs, and future needs, both instream and out-of-stream;
(2) Establish new incentives, enhance existing incentives, and remove
disincentives for efficient water use;
(3) Establish improved means to disseminate information to the public
and provide technical assistance regarding ways to improve the efficiency
of water use;
(4) Create a trust water rights mechanism for the acquisition of water
rights on a voluntary basis to be used to meet presently unmet needs and
future needs;
(5) Prohibit the sale of nonconforming plumbing fixtures and require
the marking and labeling of fixtures meeting state standards;
(6) Reduce tax disincentives to water conservation, reuse, and
improved water use efficiency; and
(7) Add achievement of water conservation as a factor to be considered by water supply utilities in setting water rates." [1991 c 347 § 2.]
90.42.010 Findings—Intent. The legislature finds
that a need exists to develop and test a means to facilitate
the voluntary transfer of water and water rights, including
conserved water, to provide water for presently unmet needs
and emerging needs. Further, the legislature finds that water
conservation activities have the potential of affecting the
quantity of return flow waters to which existing water right
holders have a right to and rely upon. It is the intent of the
legislature that persons holding rights to water, including
return flows, not be adversely affected in the implementation
of the provisions of this chapter. [1998 c 245 § 173. Prior:
1993 sp.s. c 4 § 14; 1993 c 98 § 1; 1991 c 347 § 5.]
Findings—Grazing lands—1993 sp.s. c 4: See RCW 79.01.2951.
Purposes—1991 c 347: See note following RCW 90.42.005.
90.42.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Net water savings" means the amount of water that
is determined to be conserved and usable within a specified
stream reach or reaches for other purposes without impairment or detriment to water rights existing at the time that a
water conservation project is undertaken, reducing the ability
to deliver water, or reducing the supply of water that
otherwise would have been available to other existing water
uses.
(3) "Trust water right" means any water right acquired
by the state under this chapter for management in the state’s
trust water rights program.
(4) "Pilot planning areas" means the geographic areas
designated under RCW 90.54.045(2).
(5) "Water conservation project" means any project or
program that achieves physical or operational improvements
that provide for increased water use efficiency in existing
systems of diversion, conveyance, application, or use of
water under water rights existing on July 28, 1991. [1991 c
347 § 6.]
Purposes—1991 c 347: See note following RCW 90.42.005.
90.42.030 Contracts to finance water conservation
projects—Public benefits—Trust water rights. (1) For
purposes of this chapter, the state may enter into contracts to
provide moneys to assist in the financing of water conservation projects. In consideration for the financial assistance
(2002 Ed.)
Water Resource Management
provided, the state shall obtain public benefits defined in
guidelines developed under RCW 90.42.050.
(2) If the public benefits to be obtained require conveyance or modification of a water right, the recipient of funds
shall convey to the state the recipient’s interest in that part
of the water right or claim constituting all or a portion of the
resulting net water savings for deposit in the trust water
rights program. The amount to be conveyed shall be finitely
determined by the parties, in accordance with the guidelines
developed under RCW 90.42.050, before the expenditure of
state funds. Conveyance may consist of complete transfer,
lease contracts, or other legally binding agreements. When
negotiating for the acquisition of conserved water or net
water savings, or a portion thereof, the state may require
evidence of a valid water right.
(3) As part of the contract, the water right holder and
the state shall specify the process to determine the amount
of water the water right holder would continue to be entitled
to once the water conservation project is in place.
(4) The state shall cooperate fully with the United States
in the implementation of this chapter. Trust water rights
may be acquired through expenditure of funds provided by
the United States and shall be treated in the same manner as
trust water rights resulting from the expenditure of state
funds.
(5) If water is proposed to be acquired by or conveyed
to the state as a trust water right by an irrigation district,
evidence of the district’s authority to represent the water
right holders shall be submitted to and for the satisfaction of
the department.
(6) The state shall not contract with any person to
acquire a water right served by an irrigation district without
the approval of the board of directors of the irrigation
district. Disapproval by a board shall be factually based on
probable adverse effects on the ability of the district to
deliver water to other members or on maintenance of the
financial integrity of the district. [1993 c 98 § 2; 1991 c 347
§ 7.]
Purposes—1991 c 347: See note following RCW 90.42.005.
90.42.040 Trust water rights program—Water right
certificate—Notice of creation or modification. (1) All
trust water rights acquired by the state shall be placed in the
state trust water rights program to be managed by the
department. Trust water rights acquired by the state shall be
held or authorized for use by the department for instream
flows, irrigation, municipal, or other beneficial uses consistent with applicable regional plans for pilot planning areas,
or to resolve critical water supply problems. To the extent
practicable and subject to legislative appropriation, trust
water rights acquired in an area with an approved watershed
plan developed under chapter 90.82 RCW shall be consistent
with that plan if the plan calls for such acquisition.
(2) The department shall issue a water right certificate
in the name of the state of Washington for each permanent
trust water right conveyed to the state indicating the reach or
reaches of the stream, the quantity, and the use or uses to
which it may be applied. A superseding certificate shall be
issued that specifies the amount of water the water right
holder would continue to be entitled to as a result of the
water conservation project. The superseding certificate shall
(2002 Ed.)
90.42.030
retain the same priority date as the original right. For
nonpermanent conveyances, the department shall issue
certificates or such other instruments as are necessary to
reflect the changes in purpose or place of use or point of
diversion or withdrawal.
(3) A trust water right retains the same priority date as
the water right from which it originated, but as between
them the trust right shall be deemed to be inferior in priority
unless otherwise specified by an agreement between the state
and the party holding the original right.
(4) Exercise of a trust water right may be authorized
only if the department first determines that neither water
rights existing at the time the trust water right is established,
nor the public interest will be impaired. If impairment
becomes apparent during the time a trust water right is being
exercised, the department shall cease or modify the use of
the trust water right to eliminate the impairment.
(5) Before any trust water right is created or modified,
the department shall, at a minimum, require that a notice be
published in a newspaper of general circulation published in
the county or counties in which the storage, diversion, and
use are to be made, and in other newspapers as the department determines is necessary, once a week for two consecutive weeks. At the same time the department shall send a
notice containing pertinent information to all appropriate
state agencies, potentially affected local governments and
federally recognized tribal governments, and other interested
parties.
(6) RCW 90.14.140 through 90.14.230 have no applicability to trust water rights held by the department under this
chapter or exercised under this section.
(7) RCW 90.03.380 has no applicability to trust water
rights acquired by the state through the funding of water
conservation projects.
(8) Subsections (4) and (5) of this section do not apply
to a trust water right resulting from a donation for instream
flows described in RCW 90.42.080(1)(b) or to a trust water
right leased under RCW 90.42.080(8) if the period of the
lease does not exceed five years. However, the department
shall provide the notice described in subsection (5) of this
section the first time the trust water right resulting from the
donation is exercised.
(9) Where a portion of an existing water right that is acquired or donated to the trust water rights program will assist
in achieving established instream flows, the department shall
process the change or amendment of the existing right
without conducting a review of the extent and validity of the
portion of the water right that will remain with the water
right holder. [2002 c 329 § 8; 2001 c 237 § 30; 1993 c 98
§ 3; 1991 c 347 § 8.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
Purposes—1991 c 347: See note following RCW 90.42.005.
90.42.050 Guidelines governing trust water rights—
Submission of guidelines to joint select committee. The
department, in cooperation with federally recognized Indian
tribes, local governments, state agencies, and other interested
parties, shall establish guidelines by July 1, 1992, governing
the acquisition, administration, and management of trust
[Title 90 RCW—page 41]
90.42.050
Title 90 RCW: Water Rights—Environment
water rights. The guidelines shall address at a minimum the
following:
(1) Methods for determining the net water savings
resulting from water conservation projects or programs
carried out in accordance with this chapter, and other factors
to be considered in determining the quantity or value of
water available for potential designation as a trust water
right;
(2) Criteria for determining the portion of net water
savings to be conveyed to the state under this chapter;
(3) Criteria for prioritizing water conservation projects;
(4) A description of potential public benefits that will
affect consideration for state financial assistance in RCW
90.42.030;
(5) Procedures for providing notification to potentially
interested parties;
(6) Criteria for the assignment of uses of trust water
rights acquired in areas of the state not addressed in a
regional water resource plan or critical area agreement; and
(7) Contracting procedures and other procedures not
specifically addressed in this section.
These guidelines shall be submitted to the joint select
committee on water resource policy before adoption. [1991
c 347 § 9.]
Purposes—1991 c 347: See note following RCW 90.42.005.
90.42.060 Chapter 43.83B or 43.99E RCW not
replaced or amended. The policies and purposes of this
chapter shall not be construed as replacing or amending the
policies or the purposes for which funds available under
chapter 43.83B or 43.99E RCW may be used. [1991 c 347
§ 10.]
Purposes—1991 c 347: See notes following RCW 90.42.005.
90.42.070 Involuntary impairment of existing water
rights not authorized. Nothing in this chapter authorizes
the involuntary impairment of any existing water rights.
[1991 c 347 § 11.]
Purposes—1991 c 347: See note following RCW 90.42.005.
90.42.080 Trust water rights—Acquisition, donation, exercise, and transfer—Appropriation required for
expenditure of funds. (1)(a) The state may acquire all or
portions of existing water rights, by purchase, gift, or other
appropriate means other than by condemnation, from any
person or entity or combination of persons or entities. Once
acquired, such rights are trust water rights. A water right
acquired by the state that is expressly conditioned to limit its
use to instream purposes shall be administered as a trust
water right in compliance with that condition.
(b) If the holder of a right to water from a body of
water chooses to donate all or a portion of the person’s
water right to the trust water system to assist in providing
instream flows on a temporary or permanent basis, the
department shall accept the donation on such terms as the
person may prescribe as long as the donation satisfies the
requirements of subsection (4) of this section and the other
applicable requirements of this chapter and the terms prescribed are relevant and material to protecting any interest in
the water right retained by the donor. Once accepted, such
[Title 90 RCW—page 42]
rights are trust water rights within the conditions prescribed
by the donor.
(2) The department may enter into leases, contracts, or
such other arrangements with other persons or entities as
appropriate, to ensure that trust water rights acquired in
accordance with this chapter may be exercised to the fullest
possible extent.
(3) Trust water rights may be acquired by the state on
a temporary or permanent basis.
(4) A water right donated under subsection (1)(b) of this
section shall not exceed the extent to which the water right
was exercised during the five years before the donation nor
may the total of any portion of the water right remaining
with the donor plus the donated portion of the water right
exceed the extent to which the water right was exercised
during the five years before the donation. A water right
holder who believes his or her water right has been impaired
by a trust water right donated under subsection (1)(b) of this
section may request that the department review the impairment claim. If the department determines that exercising the
trust water right resulting from the donation or exercising a
portion of that trust water right donated under subsection
(1)(b) of this section is impairing existing water rights in
violation of RCW 90.42.070, the trust water right shall be
altered by the department to eliminate the impairment. Any
decision of the department to alter or not to alter a trust
water right donated under subsection (1)(b) of this section is
appealable to the pollution control hearings board under
RCW 43.21B.230. A donated water right’s status as a trust
water right under this subsection is not evidence of the
validity or quantity of the water right.
(5) The provisions of RCW 90.03.380 and 90.03.390 do
not apply to donations for instream flows described in
subsection (1)(b) of this section, but do apply to other
transfers of water rights under this section.
(6) No funds may be expended for the purchase of
water rights by the state pursuant to this section unless
specifically appropriated for this purpose by the legislature.
(7) Any water right conveyed to the trust water right
system as a gift that is expressly conditioned to limit its use
to instream purposes shall be managed by the department for
public purposes to ensure that it qualifies as a gift that is
deductible for federal income taxation purposes for the
person or entity conveying the water right.
(8) If the department acquires a trust water right by
lease, the amount of the trust water right shall not exceed the
extent to which the water right was exercised during the five
years before the acquisition was made nor may the total of
any portion of the water right remaining with the original
water right holder plus the portion of the water right leased
by the department exceed the extent to which the water right
was exercised during the five years before the acquisition.
A water right holder who believes his or her water right has
been impaired by a trust water right leased under this
subsection may request that the department review the
impairment claim. If the department determines that
exercising the trust water right resulting from the leasing or
exercising of a portion of that trust water right leased under
this subsection is impairing existing water rights in violation
of RCW 90.42.070, the trust water right shall be altered by
the department to eliminate the impairment. Any decision
of the department to alter or not to alter a trust water right
(2002 Ed.)
Water Resource Management
leased under this subsection is appealable to the pollution
control hearings board under RCW 43.21B.230. The
department’s leasing of a trust water right under this subsection is not evidence of the validity or quantity of the water
right.
(9) For a water right donated to or acquired by the trust
water rights program on a temporary basis, the full quantity
of water diverted or withdrawn to exercise the right before
the donation or acquisition shall be placed in the trust water
rights program and shall revert to the donor or person from
whom it was acquired when the trust period ends. [2002 c
329 § 9; 2001 c 237 § 31; 1993 c 98 § 4; 1991 c 347 § 12.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
Purposes—1991 c 347: See note following RCW 90.42.005.
90.42.090 Jurisdictional authorities not altered. It
is the intent of the legislature that jurisdictional authorities
that exist in law not be expanded, diminished, or altered in
any manner whatsoever by this chapter. [1991 c 347 § 13.]
Purposes—1991 c 347: See note following RCW 90.42.005.
90.42.900 Severability—1991 c 347. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1991 c 347 § 30.]
Chapter 90.44
REGULATION OF PUBLIC GROUND WATERS
Sections
90.44.020
90.44.030
90.44.035
90.44.040
90.44.050
90.44.055
90.44.060
90.44.062
90.44.070
90.44.080
90.44.090
90.44.100
90.44.105
90.44.110
90.44.120
90.44.130
90.44.180
90.44.200
90.44.220
90.44.230
90.44.250
90.44.400
90.44.410
(2002 Ed.)
Purpose of chapter.
Chapter not to affect surface water rights.
Definitions.
Public ground waters subject to appropriation.
Permit to withdraw.
Applications for water right or amendment—Consideration
of water impoundment or other resource management
technique.
Laws governing withdrawal.
Use of reclaimed water by wastewater treatment facility—
Permit requirements inapplicable.
Limitations on granting permit.
Certificate—Showing required.
Certificate of vested rights.
Amendment to permit or certificate—Replacement or new
additional wells.
Amendment to permit or certificate—Consolidation of rights
for exempt wells.
Waste of water prohibited—Exceptions.
Penalty for waste or unauthorized use of water.
Priorities as between appropriators—Department in charge
of ground water withdrawals—Establishment and modification of ground water areas and depth zones—
Declarations by claimant of artificially stored water.
Hearing to adjust supply to current needs.
Water supervisors—Duties—Compensation.
Proceedings to determine rights to water.
Effect of findings and judgment.
Investigations—Reports of appropriators.
Ground water management areas—Purpose—Standards—
Identification—Designation.
Requirements for ground water management programs—
Review of programs.
90.42.080
90.44.420
Ground water management programs—Consideration by
department of ecology—Public hearing—Findings—
Adoption of regulations, ordinances, and programs.
90.44.430 Ground water management programs—Guidance to local
governments and certain departments.
90.44.440 Existing rights not affected.
90.44.445 Acreage expansion program—Authorization—Certification.
90.44.450 Metering or measuring ground water withdrawals—Reports.
90.44.460 Reservoir permits.
90.44.500 Civil penalties.
Aquifer protection areas: Chapter 36.36 RCW.
90.44.020 Purpose of chapter. This chapter regulating and controlling ground waters of the state of Washington
shall be supplemental to chapter 90.03 RCW, which regulates the surface waters of the state, and is enacted for the
purpose of extending the application of such surface water
statutes to the appropriation and beneficial use of ground
waters within the state. [1945 c 263 § 1; Rem. Supp. 1945
§ 7400-1.]
90.44.030 Chapter not to affect surface water
rights. The rights to appropriate the surface waters of the
state and the rights acquired by the appropriation and use of
surface waters shall not be affected or impaired by any of
the provisions of this supplementary chapter and, to the
extent that any underground water is part of or tributary to
the source of any surface stream or lake, or that the withdrawal of ground water may affect the flow of any spring,
water course, lake, or other body of surface water, the right
of an appropriator and owner of surface water shall be
superior to any subsequent right hereby authorized to be
acquired in or to ground water. [1945 c 263 § 2; Rem.
Supp. 1945 § 7400-2.]
90.44.035 Definitions. For purposes of this chapter:
(1) "Department" means the department of ecology;
(2) "Director" means the director of ecology;
(3) "Ground waters" means all waters that exist beneath
the land surface or beneath the bed of any stream, lake or
reservoir, or other body of surface water within the boundaries of this state, whatever may be the geological formation
or structure in which such water stands or flows, percolates
or otherwise moves. There is a recognized distinction
between natural ground water and artificially stored ground
water;
(4) "Natural ground water" means water that exists in
underground storage owing wholly to natural processes;
(5) "Artificially stored ground water" means water that
is made available in underground storage artificially, either
intentionally, or incidentally to irrigation and that otherwise
would have been dissipated by natural processes; and
(6) "Underground artificial storage and recovery project"
means any project in which it is intended to artificially store
water in the ground through injection, surface spreading and
infiltration, or other department-approved method, and to
make subsequent use of the stored water. However, (a) this
subsection does not apply to irrigation return flow, or to
operational and seepage losses that occur during the irrigation of land, or to water that is artificially stored due to the
construction, operation, or maintenance of an irrigation
district project, or to projects involving water reclaimed in
accordance with chapter 90.46 RCW; and (b) RCW
[Title 90 RCW—page 43]
90.44.035
Title 90 RCW: Water Rights—Environment
90.44.130 applies to those instances of claimed artificial
recharge occurring due to the construction, operation, or
maintenance of an irrigation district project or operational
and seepage losses that occur during the irrigation of land,
as well as other forms of claimed artificial recharge already
existing at the time a ground water subarea is established.
[2000 c 98 § 2; 1987 c 109 § 107; 1973 c 94 § 2; 1945 c
263 § 3; RRS § 7400-3. Formerly RCW 90.44.010.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Purpose—1973 c 94: "It is the purpose of this 1973 amendatory act
to state as well as reaffirm the intent of the legislature that "ground waters,"
as defined in chapter 263, Laws of 1945, means all waters within the state
existing beneath the land surface, and to remove any possible ambiguity
which may exist as a result of the dissenting opinion in State v. Ponten, 77
Wn.2d 463 (1969), or otherwise, with regard to the meaning of "ground
waters" in the present wording of RCW 90.44.035. The definition set forth
in section 2 of this 1973 amendatory act accords with the interpretation
given by all of the various administrative agencies having responsibility for
administration of the act since its enactment in 1945." [1973 c 94 § 1.]
This applies to the amendment to RCW 90.44.035 by 1973 c 94 § 2.
90.44.040 Public ground waters subject to appropriation. Subject to existing rights, all natural ground
waters of the state as defined in RCW 90.44.035, also all
artificial ground waters that have been abandoned or forfeited, are hereby declared to be public ground waters and to
belong to the public and to be subject to appropriation for
beneficial use under the terms of this chapter and not
otherwise. [1945 c 263 § 4; Rem. Supp. 1945 § 7400-4.]
90.44.050 Permit to withdraw. After June 6, 1945,
no withdrawal of public ground waters of the state shall be
begun, nor shall any well or other works for such withdrawal
be constructed, unless an application to appropriate such
waters has been made to the department and a permit has
been granted by it as herein provided: EXCEPT, HOWEVER, That any withdrawal of public ground waters for stockwatering purposes, or for the watering of a lawn or of a
noncommercial garden not exceeding one-half acre in area,
or for single or group domestic uses in an amount not
exceeding five thousand gallons a day, or for an industrial
purpose in an amount not exceeding five thousand gallons a
day, is and shall be exempt from the provisions of this
section, but, to the extent that it is regularly used beneficially, shall be entitled to a right equal to that established by
a permit issued under the provisions of this chapter:
PROVIDED, HOWEVER, That the department from time to
time may require the person or agency making any such
small withdrawal to furnish information as to the means for
and the quantity of that withdrawal: PROVIDED, FURTHER, That at the option of the party making withdrawals
of ground waters of the state not exceeding five thousand
gallons per day, applications under this section or declarations under RCW 90.44.090 may be filed and permits and
certificates obtained in the same manner and under the same
requirements as is in this chapter provided in the case of
withdrawals in excess of five thousand gallons a day. [1987
c 109 § 108; 1947 c 122 § 1; 1945 c 263 § 5; Rem. Supp.
1947 § 7400-5.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
[Title 90 RCW—page 44]
90.44.055 Applications for water right or amendment—Consideration of water impoundment or other
resource management technique. The department shall,
when evaluating an application for a water right or an
amendment filed pursuant to RCW 90.44.050 or 90.44.100
that includes provision for any water impoundment or other
resource management technique, take into consideration the
benefits and costs, including environmental effects, of any
water impoundment or other resource management technique
that is included as a component of the application. The
department’s consideration shall extend to any increased
water supply that results from the impoundment or other
resource management technique, including but not limited to
any recharge of ground water that may occur, as a means of
making water available or otherwise offsetting the impact of
the withdrawal of ground water proposed in the application
for the water right or amendment in the same water resource
inventory area. Provision for an impoundment or other resource management technique in an application shall be
made solely at the discretion of the applicant and shall not
be made by the department as a condition for approving an
application that does not include such provision.
This section does not lessen, enlarge, or modify the
rights of any riparian owner, or any existing water right
acquired by appropriation or otherwise. [1997 c 360 § 3;
1996 c 306 § 2.]
Findings—Purpose—1997 c 360: See note following RCW
90.03.255.
90.44.060 Laws governing withdrawal. Applications
for permits for appropriation of underground water shall be
made in the same form and manner provided in RCW
90.03.250 through 90.03.340, as amended, the provisions of
which sections are hereby extended to govern and to apply
to ground water, or ground water right certificates and to all
permits that shall be issued pursuant to such applications,
and the rights to the withdrawal of ground water acquired
thereby shall be governed by RCW 90.03.250 through
90.03.340, inclusive: PROVIDED, That each application to
withdraw public ground water by means of a well or wells
shall set forth the following additional information: (1) the
name and post office address of the applicant; (2) the name
and post office address of the owner of the land on which
such well or wells or works will be located; (3) the location
of the proposed well or wells or other works for the proposed withdrawal; (4) the ground water area, sub-area, or
zone from which withdrawal is proposed, provided the
department has designated such area, sub-area, or zone in
accord with RCW 90.44.130; (5) the amount of water
proposed to be withdrawn, in gallons a minute and in acre
feet a year, or millions of gallons a year; (6) the depth and
type of construction proposed for the well or wells or other
works: AND PROVIDED FURTHER, That any permit
issued pursuant to an application for constructing a well or
wells to withdraw public ground water may specify an
approved type and manner of construction for the purposes
of preventing waste of said public waters and of conserving
their head. [1987 c 109 § 109; 1945 c 263 § 6; Rem. Supp.
1945 § 7400-6.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
(2002 Ed.)
Regulation of Public Ground Waters
90.44.062 Use of reclaimed water by wastewater
treatment facility—Permit requirements inapplicable.
The permit requirements of RCW 90.44.060 do not apply to
the use of reclaimed water by the owner of a wastewater
treatment facility under the provisions of RCW 90.46.120
and do not apply to the use of agricultural industrial process
water as provided under RCW 90.46.150. [2001 c 69 § 7;
1997 c 444 § 3.]
Severability—1997 c 444: See note following RCW 90.46.010.
90.44.070 Limitations on granting permit. No
permit shall be granted for the development or withdrawal of
public ground waters beyond the capacity of the underground
bed or formation in the given basin, district, or locality to
yield such water within a reasonable or feasible pumping lift
in case of pumping developments, or within a reasonable or
feasible reduction of pressure in the case of artesian developments. The department shall have the power to determine
whether the granting of any such permit will injure or
damage any vested or existing right or rights under prior
permits and may in addition to the records of the department, require further evidence, proof, and testimony before
granting or denying any such permits. [1987 c 109 § 110;
1945 c 263 § 7; Rem. Supp. 1945 § 7400-7.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.080 Certificate—Showing required. Upon a
showing to the department that construction has been
completed in compliance with the terms of any permit issued
under the provisions of this chapter, it shall be the duty of
the department to issue to the permittee a certificate of
ground water right stating that the appropriation has been
perfected under such permit: PROVIDED, HOWEVER,
That such showing shall include the following information:
(1) the location of each well or other means of withdrawal
constructed under the permit, both with respect to official
land surveys and in terms of distance and direction to any
preexisting well or wells or works constructed under an
earlier permit or approved declaration of a vested right,
provided the distance to such pre-existing well or works is
not more than a quarter of a mile; (2) the depth and diameter
of each well or the depth and general specifications of any
other works constructed under the terms of the permit; (3)
the thickness in feet and the physical character of each bed,
stratum, or formation penetrated by each well; (4) the length
and position, in feet below the land surface, and the commercial specifications of all casing, also of each screen or
perforated zone in the casing of each well constructed; (5)
the tested capacity of each well in gallons a minute, as
determined by measuring the discharge of the pump or
pumps after continuous operation for at least four hours or,
in the case of a flowing well, by measuring the natural flow
at the land surface; (6) for each nonflowing well, the depth
to the static ground water level as measured in feet below
the land surface immediately before the well-capacity test
herein provided, also the draw-down of the water level, in
feet, at the end of said well-capacity test; (7) for each
flowing well, the shut-in pressure measured in feet above the
land surface or in pounds per square inch at the land surface;
and (8) such additional factual information as reasonably
(2002 Ed.)
90.44.062
may be required by the department to establish compliance
with the terms of the permit and with the provisions of this
chapter.
The well driller or other constructor of works for the
withdrawal of public ground waters shall be obligated to
furnish the permittee a certified record of the factual information necessary to show compliance with the provisions of
this section. [1987 c 109 § 111; 1945 c 263 § 8; Rem.
Supp. 1945 § 7400-8.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.090 Certificate of vested rights. Any person,
firm or corporation claiming a vested right to withdraw
public ground waters of the state by virtue of prior beneficial
use of such water shall, within three years after June 6,
1945, be entitled to receive from the department a certificate
of ground water right to that effect: PROVIDED, That the
issuance by the department of any such certificate of vested
right shall be contingent on a declaration by the claimant in
a form prescribed by the department, which declaration shall
set forth: (1) the beneficial use for which such withdrawal
has been made; (2) the date or approximate date of the
earliest beneficial use of the water so withdrawn, and the
continuity of such beneficial use; (3) the amount of water
claimed; (4) if the beneficial use has been for irrigation, the
description of the land to which such water has been applied
and the name of the owner thereof; and (5) so far as it may
be available, descriptive information concerning each well or
other works for the withdrawal of public ground water, as
required of original permittees under the provisions of RCW
90.44.080: PROVIDED, HOWEVER, That in case of failure
to comply with the provisions of this section within the three
years allotted, the claimant may apply to the department for
a reasonable extension of time, which shall not exceed two
additional years and which shall be granted only upon a
showing of good cause for such failure.
Each such declaration shall be certified, either on the
basis of the personal knowledge of the declarant or on the
basis of information and belief. With respect to each such
declaration there shall be publication, and findings in the
same manner as provided in RCW 90.44.060 in the case of
an original application to appropriate water. If the
department’s findings sustain the declaration, the department
shall approve said declaration, which then shall be recorded
at length with the department and may also be recorded in
the office of the county auditor of the county within which
the claimed withdrawal and beneficial use of public ground
water have been made. When duly approved and recorded
as herein provided, each such declaration or copies thereof
shall have the same force and effect as an original permit
granted under the provisions of RCW 90.44.060, with a
priority as of the date of the earliest beneficial use of the
water.
Declarations heretofore filed with the department in
substantial compliance with the provisions of this section
shall have the same force and effect as if filed after June 6,
1945.
The same fees shall be collected by the department in
the case of applications for the issuance of certificates of
vested rights, as are required to be collected in the case of
[Title 90 RCW—page 45]
90.44.090
Title 90 RCW: Water Rights—Environment
application for permits for withdrawal of ground waters and
for the issuance of certificates of ground water withdrawal
rights under this chapter. [1987 c 109 § 112; 1947 c 122 §
2; 1945 c 263 § 9; Rem. Supp. 1947 § 7400-9.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.100 Amendment to permit or certificate—
Replacement or new additional wells. (1) After an
application to, and upon the issuance by the department of
an amendment to the appropriate permit or certificate of
ground water right, the holder of a valid right to withdraw
public ground waters may, without losing the holder’s priority of right, construct wells or other means of withdrawal at
a new location in substitution for or in addition to those at
the original location, or the holder may change the manner
or the place of use of the water.
(2) An amendment to construct replacement or a new
additional well or wells at a location outside of the location
of the original well or wells or to change the manner or
place of use of the water shall be issued only after publication of notice of the application and findings as prescribed
in the case of an original application. Such amendment shall
be issued by the department only on the conditions that: (a)
The additional or replacement well or wells shall tap the
same body of public ground water as the original well or
wells; (b) where a replacement well or wells is approved, the
use of the original well or wells shall be discontinued and
the original well or wells shall be properly decommissioned
as required under chapter 18.104 RCW; (c) where an
additional well or wells is constructed, the original well or
wells may continue to be used, but the combined total
withdrawal from the original and additional well or wells
shall not enlarge the right conveyed by the original permit or
certificate; and (d) other existing rights shall not be impaired. The department may specify an approved manner of
construction and shall require a showing of compliance with
the terms of the amendment, as provided in RCW 90.44.080
in the case of an original permit.
(3) The construction of a replacement or new additional
well or wells at the location of the original well or wells
shall be allowed without application to the department for an
amendment. However, the following apply to such a
replacement or new additional well: (a) The well shall tap
the same body of public ground water as the original well or
wells; (b) if a replacement well is constructed, the use of the
original well or wells shall be discontinued and the original
well or wells shall be properly decommissioned as required
under chapter 18.104 RCW; (c) if a new additional well is
constructed, the original well or wells may continue to be
used, but the combined total withdrawal from the original
and additional well or wells shall not enlarge the right
conveyed by the original water use permit or certificate; (d)
the construction and use of the well shall not interfere with
or impair water rights with an earlier date of priority than
the water right or rights for the original well or wells; (e) the
replacement or additional well shall be located no closer than
the original well to a well it might interfere with; (f) the
department may specify an approved manner of construction
of the well; and (g) the department shall require a showing
of compliance with the conditions of this subsection (3).
[Title 90 RCW—page 46]
(4) As used in this section, the "location of the original
well or wells" is the area described as the point of withdrawal in the original public notice published for the application
for the water right for the well. [1997 c 316 § 2; 1987 c
109 § 113; 1945 c 263 § 10; Rem. Supp. 1945 § 7400-10.]
Intent—1997 c 316: "The legislature intends that the holder of a
valid permit or certificate of ground water right be permitted by the
department of ecology to amend a valid permit or certificate to allow full
and complete development of the valid right by the construction of
replacement or additional wells at the original location or new locations."
[1997 c 316 § 1.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.105 Amendment to permit or certificate—
Consolidation of rights for exempt wells. Upon the
issuance by the department of an amendment to the appropriate permit or certificate of ground water right, the holder of
a valid right to withdraw public ground waters may consolidate that right with a ground water right exempt from the
permit requirement under RCW 90.44.050, without affecting
the priority of either of the water rights being consolidated.
Such a consolidation amendment shall be issued only after
publication of a notice of the application, a comment period,
and a determination made by the department, in lieu of
meeting the conditions required for an amendment under
RCW 90.44.100, that: (1) The exempt well taps the same
body of public ground water as the well to which the water
right of the exempt well is to be consolidated; (2) use of the
exempt well shall be discontinued upon approval of the
consolidation amendment to the permit or certificate; (3)
legally enforceable agreements have been entered to prohibit
the construction of another exempt well to serve the area
previously served by the exempt well to be discontinued, and
such agreements are binding upon subsequent owners of the
land through appropriate binding limitations on the title to
the land; (4) the exempt well or wells the use of which is to
be discontinued will be properly decommissioned in accordance with chapter 18.104 RCW and the rules of the
department; and (5) other existing rights, including ground
and surface water rights and minimum stream flows adopted
by rule, shall not be impaired. The notice shall be published
by the applicant in a newspaper of general circulation in the
county or counties in which the wells for the rights to be
consolidated are located once a week for two consecutive
weeks. The applicant shall provide evidence of the publication of the notice to the department. The comment period
shall be for thirty days beginning on the date the second
notice is published.
The amount of the water to be added to the holder’s
permit or certificate upon discontinuance of the exempt well
shall be the average withdrawal from the well, in gallons per
day, for the most recent five-year period preceding the date
of the application, except that the amount shall not be less
than eight hundred gallons per day for each residential
connection or such alternative minimum amount as may be
established by the department in consultation with the department of health, and shall not exceed five thousand
gallons per day. The department shall presume that an
amount identified by the applicant as being the average
withdrawal from the well during the most recent five-year
period is accurate if the applicant establishes that the amount
(2002 Ed.)
Regulation of Public Ground Waters
identified for the use or uses of water from the exempt well
is consistent with the average amount of water used for
similar use or uses in the general area in which the exempt
well is located. The department shall develop, in consultation with the department of health, a schedule of average
household and small-area landscaping water usages in
various regions of the state to aid the department and
applicants in identifying average amounts used for these
purposes. The presumption does not apply if the department
finds credible evidence of nonuse of the well during the required period or credible evidence that the use of water from
the exempt well or the intensity of the use of the land
supported by water from the exempt well is substantially
different than such uses in the general area in which the exempt well is located. The department shall also accord a
presumption in favor of approval of such consolidation if the
requirements of this subsection are met and the discontinuance of the exempt well is consistent with an adopted coordinated water system plan under chapter 70.116 RCW, an
adopted comprehensive land use plan under chapter 36.70A
RCW, or other comprehensive watershed management plan
applicable to the area containing an objective of decreasing
the number of existing and newly developed small ground
water withdrawal wells. The department shall provide a
priority to reviewing and deciding upon applications subject
to this subsection, and shall make its decision within sixty
days of the end of the comment period following publication
of the notice by the applicant or within sixty days of the date
on which compliance with the state environmental policy act,
chapter 43.21C RCW, is completed, whichever is later. The
applicant and the department may by prior mutual agreement
extend the time for making a decision. [1997 c 446 § 1.]
90.44.110 Waste of water prohibited—Exceptions.
No public ground waters that have been withdrawn shall be
wasted without economical beneficial use. The department
shall require all wells producing waters which contaminate
other waters to be plugged or capped. The department shall
also require all flowing wells to be so capped or equipped
with valves that the flow of water can be completely stopped
when the wells are not in use under the terms of their respective permits or approved declarations of vested rights.
Likewise, the department shall also require both flowing and
nonflowing wells to be so constructed and maintained as to
prevent the waste of public ground waters through leaky
casings, pipes, fittings, valves, or pumps—either above or
below the land surface: PROVIDED, HOWEVER, That the
withdrawal of reasonable quantities of public ground water
in connection with the construction, development, testing, or
repair of a well shall not be construed as waste; also, that
the inadvertent loss of such water owing to breakage of a
pump, valve, pipe, or fitting shall not be construed as waste
if reasonable diligence is shown by the permittee in effecting
the necessary repair.
In the issuance of an original permit, or of an amendment to an original permit or certificate of vested right to
withdraw and appropriate public ground waters under the
provisions of this chapter, the department may, as in his
judgment is necessary, specify for the proposed well or wells
or other works a manner of construction adequate to accom-
(2002 Ed.)
90.44.105
plish the provisions of this section. [1987 c 109 § 114; 1949
c 63 § 1; 1945 c 263 § 11; Rem. Supp. 1949 § 7400-11.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.120 Penalty for waste or unauthorized use of
water. The unauthorized use of ground water to which
another person is entitled, or the wilful or negligent waste of
ground water, or the failure, when required by the department, to cap flowing wells or equip the same with valves,
fittings, or casings to prevent waste of ground waters, or to
cap or plug wells producing waters which contaminate other
waters, shall be a misdemeanor. [1987 c 109 § 115; 1949 c
63 § 2; 1947 c 122 § 3; Rem. Supp. 1949 § 7400-11A.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.130 Priorities as between appropriators—
Department in charge of ground water withdrawals—
Establishment and modification of ground water areas
and depth zones—Declarations by claimant of artificially
stored water. As between appropriators of public ground
water, the prior appropriator shall as against subsequent
appropriators from the same ground water body be entitled
to the preferred use of such ground water to the extent of his
appropriation and beneficial use, and shall enjoy the right to
have any withdrawals by a subsequent appropriator of
ground water limited to an amount that will maintain and
provide a safe sustaining yield in the amount of the prior
appropriation. The department shall have jurisdiction over
the withdrawals of ground water and shall administer the
ground water rights under the principle just set forth, and it
shall have the jurisdiction to limit withdrawals by appropriators of ground water so as to enforce the maintenance of a
safe sustaining yield from the ground water body. For this
purpose, the department shall have authority and it shall be
its duty from time to time, as adequate factual data become
available, to designate ground water areas or sub-areas, to
designate separate depth zones within any such area or subarea, or to modify the boundaries of such existing area, or
sub-area, or zones to the end that the withdrawals therefrom
may be administratively controlled as prescribed in RCW
90.44.180 in order that overdraft of public ground waters
may be prevented so far as is feasible. Each such area or
zone shall, as nearly as known facts permit, be so designated
as to enclose a single and distinct body of public ground
water. Each such sub-area may be so designated as to
enclose all or any part of a distinct body of public ground
water, as the department deems will most effectively
accomplish the purposes of this chapter.
Designation of, or modification of the boundaries of
such a ground water area, sub-area, or zone may be proposed
by the department on its own motion or by petition to the
department signed by at least fifty or one-fourth, whichever
is the lesser number, of the users of ground water in a
proposed ground water area, sub-area, or zone. Before any
proposed ground water area, sub-area, or zone shall be
designated, or before the boundaries or any existing ground
water area, sub-area, or zone shall be modified the department shall publish a notice setting forth: (1) In terms of the
appropriate legal subdivisions a description of all lands
[Title 90 RCW—page 47]
90.44.130
Title 90 RCW: Water Rights—Environment
enclosed within the proposed area, sub-area, or zone, or
within the area, sub-area, or zone whose boundaries are
proposed to be modified; (2) the object of the proposed
designation or modification of boundaries; and (3) the day
and hour, and the place where written objections may be
submitted and heard. Such notice shall be published in three
consecutive weekly issues of a newspaper of general
circulation in the county or counties containing all or the
greater portion of the lands involved, and the newspaper of
publication shall be selected by the department. Publication
as just prescribed shall be construed as sufficient notice to
the landowners and water users concerned.
Objections having been heard as herein provided, the
department shall make and file in its office written findings
of fact with respect to the proposed designation or modification and, if the findings are in the affirmative, shall also
enter a written order designating the ground water area, or
sub-area, or zone or modifying the boundaries of the existing
area, sub-area, or zone. Such findings and order shall also
be published substantially in the manner herein prescribed
for notice of hearing, and when so published shall be final
and conclusive unless an appeal therefrom is taken within
the period and in the manner prescribed by RCW
43.21B.310. Publication of such findings and order shall
give force and effect to the remaining provisions of this section and to the provisions of RCW 90.44.180, with respect
to the particular area, sub-area, or zone.
Priorities of right to withdraw public ground water shall
be established separately for each ground water area, subarea, or zone and, as between such rights, the first in time
shall be the superior in right. The priority of the right
acquired under a certificate of ground water right shall be
the date of filing of the original application for a withdrawal
with the department, or the date or approximate date of the
earliest beneficial use of water as set forth in a certificate of
a vested ground water right, under the provisions of RCW
90.44.090.
Within ninety days after the designation of a ground
water area, sub-area or zone as herein provided, any person,
firm or corporation then claiming to be the owner of
artificially stored ground water within such area, sub-area, or
zone shall file a certified declaration to that effect with the
department on a form prescribed by the department. Such
declaration shall cover: (1) The location and description of
the works by whose operation such artificial ground water
storage is purported to have been created, and the name or
names of the owner or owners thereof; (2) a description of
the lands purported to be underlain by such artificially stored
ground water, and the name or names of the owner or owners thereof; (3) the amount of such water claimed; (4) the
date or approximate date of the earliest artificial storage; (5)
evidence competent to show that the water claimed is in fact
water that would have been dissipated naturally except for
artificial improvements by the claimant; and (6) such additional factual information as reasonably may be required by
the department. If any of the purported artificially stored
ground water has been or then is being withdrawn, the
claimant also shall file (1) the declarations which this
chapter requires of claimants to a vested right to withdraw
public ground waters, and (2) evidence competent to show
that none of the water withdrawn under those declarations is
in fact public ground water from the area, sub-area, or zone
[Title 90 RCW—page 48]
concerned: PROVIDED, HOWEVER, That in case of
failure to file a declaration within the ninety-day period
herein provided, the claimant may apply to the department
for a reasonable extension of time, which shall not exceed
two additional years and which shall be granted only upon
a showing of good cause for such failure.
Following publication of the declaration and findings—
as in the case of an original application, permit, or certificate
of right to appropriate public ground waters—the department
shall accept or reject such declaration or declarations with
respect to ownership or withdrawal of artificially stored
ground water. Acceptance of such declaration or declarations by the department shall convey to the declarant no
right to withdraw public ground waters from the particular
area, sub-area, or zone, nor to impair existing or subsequent
rights to such public waters.
Any person, firm or corporation hereafter claiming to be
the owner of ground water within a designated ground water
area, sub-area, or zone by virtue of its artificial storage
subsequent to such designation shall, within three years
following the earliest artificial storage file a declaration of
claim with the department, as herein prescribed for claims
based on artificial storage prior to such designation:
PROVIDED, HOWEVER, That in case of such failure the
claimant may apply to the department for a reasonable extension of time, which shall not exceed two additional years and
which shall be granted upon a showing of good cause for
such failure.
Any person, firm or corporation hereafter withdrawing
ground water claimed to be owned by virtue of artificial
storage subsequent to designation of the relevant ground
water area, sub-area, or zone shall, within ninety days
following the earliest such withdrawal, file with the department the declarations required by this chapter with respect
to withdrawals of public ground water. [1987 c 109 § 116;
1947 c 122 § 4; 1945 c 263 § 12; Rem. Supp. 1947 § 740012. Formerly RCW 90.44.130 through 90.44.170.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.180 Hearing to adjust supply to current
needs. At any time the department may hold a hearing on
its own motion, and shall hold a hearing upon petition of at
least fifty or one-fourth, whichever is the lesser number, of
the holders of valid rights to withdraw public ground waters
from any designated ground water area, sub-area, or zone, to
determine whether the water supply in such area, sub-area,
or zone is adequate for the current needs of all such holders.
Notice of any such hearing, and the findings and order
resulting therefrom shall be published in the manner prescribed in RCW 90.44.130 with respect to the designation or
modification of a ground water area, or sub-area, or zone.
If such hearing finds that the total available supply is
inadequate for the current needs of all holders of valid rights
to withdraw public ground waters from the particular ground
water area, sub-area, or zone, the department shall order the
aggregate withdrawal from such area, sub-area, or zone decreased so that it shall not exceed such available supply.
Such decrease shall conform to the priority of the pertinent
valid rights and shall prevail for the term of shortage in the
available supply. Except that by mutual agreement among
the respective holders and with the department, the ordered
(2002 Ed.)
Regulation of Public Ground Waters
90.44.180
decrease in aggregate withdrawal may be accomplished by
the waiving of all or some specified part of a senior right or
rights in favor of a junior right or rights: PROVIDED, That
such waiving of a right or rights by agreement shall not
modify the relative priorities of such right or rights as
recorded in the department. [1987 c 109 § 117; 1945 c 263
§ 13; Rem. Supp. 1945 § 7400-13.]
determine the level below which the ground water body shall
not be drawn down by appropriators, or shall reserve
jurisdiction for the determination of a safe sustaining water
yield as necessary from time to time to preserve the rights
of the several appropriators and to prevent depletion of the
ground water body. [1987 c 109 § 120; 1945 c 263 § 18;
Rem. Supp. 1945 § 7400-18.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.200
Water supervisors—Duties—
Compensation. The department, as in its judgment is
deemed necessary and advisable, may appoint one or more
ground water supervisors for each designated ground water
area, sub-area, or zone, or may appoint one or more ground
water supervisors-at-large. Within their respective jurisdictions and under the direction of the department, such
supervisor and supervisors-at-large shall supervise the
withdrawal of public ground waters and the carrying out of
orders issued by the department under the provisions of this
chapter.
The duties, compensation, and authority of such supervisors or supervisors-at-large shall be those prescribed for
water masters under the terms of RCW 90.03.060 and
90.03.070. [1987 c 109 § 118; 1945 c 263 § 15; Rem.
Supp. 1945 § 7400-15.]
90.44.250 Investigations—Reports of appropriators.
The department is hereby authorized to make such investigations as may be necessary to determine the location, extent,
depth, volume, and flow of all ground waters within the state
and in making such examination, hereby is authorized and
directed to cooperate with the federal government, with any
county or municipal corporation, or any person, firm,
association or corporation, and upon such terms as may seem
appropriate to it.
In connection with such investigation, the department
from time to time may require reports from each ground
water appropriator as to the amount of public ground water
being withdrawn and as to the manner and extent of the
beneficial use. Such reports shall be in a form prescribed by
the department. [1987 c 109 § 121; 1945 c 263 § 19; Rem.
Supp. 1945 § 7400-19. Formerly RCW 90.44.210.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Water master’s power of arrest: RCW 90.03.090.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.44.220 Proceedings to determine rights to water.
In its discretion or upon the application of any party claiming right to the withdrawal and use of public ground water,
the department may file a petition with the superior court of
the county for the determination of the rights of appropriators of any particular ground water body and all the provisions of RCW 90.03.110 through 90.03.240 as heretofore
amended, shall govern and apply to the adjudication and
determination of such ground water body and to the ownership thereof. Hereafter, in any proceedings for the adjudication and determination of water rights—either rights to the
use of surface water or to the use of ground water, or both—
pursuant to chapter 90.03 RCW as heretofore amended, all
appropriators of ground water or of surface water in the
particular basin or area may be included as parties to such
adjudication, as pertinent. [1987 c 109 § 119; 1945 c 263 §
17; Rem. Supp. 1945 § 7400-17.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Additional powers and duties enumerated—Payment from reclamation
account: RCW 89.16.055.
Application of RCW sections to specific proceedings: RCW 90.14.200.
Determination of water rights
scope: RCW 90.03.245.
state to bear its expenses incurred in and on appeal: RCW 90.03.243.
90.44.230 Effect of findings and judgment. In any
determination of the right to withdrawal of ground water
under RCW 90.44.220, the department’s findings and the
court’s findings and judgment shall determine the priority of
right and the quantity of water to which each appropriator
who is a party to the proceedings shall be entitled, shall
(2002 Ed.)
90.44.400 Ground water management areas—
Purpose—Standards—Identification—Designation. (1)
This legislation is enacted for the purpose of identifying
ground water management procedures that are consistent
with both local needs and state water resource policies and
management objectives; including the protection of water
quality, assurance of quantity, and efficient management of
water resources to meet future needs.
In recognition of existing water rights and the need to
manage ground water aquifers for future use, the department
of ecology shall, by rule, establish standards, criteria, and a
process for the designation of specific ground water areas or
sub-areas, or separate depth zones within such area or subarea, and provide for either the department of ecology, local
governments, or ground water users of the area to initiate development of a ground water management program for each
area or sub-area, consistent with state and local government
objectives, policies, and authorities. The department shall
develop and adopt these rules by January 1, 1986.
(2) The department of ecology, in cooperation with
other state agencies, local government, and user groups, shall
identify probable ground water management areas or subareas. The department shall also prepare a general schedule
for the development of ground water management programs
that recognizes the available local or state agency staff and
financial resources to carry out the intent of RCW 90.44.400
through 90.44.420. The department shall also provide the
option for locally initiated studies and for local government
to assume the lead agency role in developing the ground
water management program and in implementing the
provisions of RCW 90.44.400 through 90.44.420. The
[Title 90 RCW—page 49]
90.44.400
Title 90 RCW: Water Rights—Environment
criteria to guide identification of the ground water areas or
sub-areas shall include but not be limited to, the following:
(a) Aquifer systems that are declining due to restricted
recharge or over-utilization;
(b) Aquifer systems in which over-appropriation may
have occurred and adjudication of water rights has not yet
been completed;
(c) Aquifer systems currently being considered for water
supply reservation under chapter 90.54 RCW for future
beneficial uses;
(d) Aquifers identified as the primary source of supply
for public water supply systems;
(e) Aquifers designated as a sole source aquifer by the
federal environmental protection agency; and
(f) Geographical areas where land use may result in
contamination or degradation of the ground water quality.
(3) In developing the ground water management
programs, priority shall be given to areas or sub-areas where
water quality is imminently threatened. [1985 c 453 § 1.]
90.44.410 Requirements for ground water management programs—Review of programs. (1) The ground
water area or sub-area management programs shall include:
(a) A description of the specific ground water area or
sub-areas, or separate depth zones within any such area or
sub-area, and the relationship of this zone or area to the land
use management responsibilities of county government;
(b) A management program based on long-term monitoring and resource management objectives for the area or
sub-area;
(c) Identification of water resources and the allocation
of the resources to meet state and local needs;
(d) Projection of water supply needs for existing and
future identified user groups and beneficial uses;
(e) Identification of water resource management policies
and/or practices that may impact the recharge of the designated area or policies that may affect the safe yield and
quantity of water available for future appropriation;
(f) Identification of land use and other activities that
may impact the quality and efficient use of the ground water,
including domestic, industrial, solid, and other waste disposal, underground storage facilities, or storm water management practices;
(g) The design of the program necessary to manage the
resource to assure long-term benefits to the citizens of the
state;
(h) Identification of water quality objectives for the
aquifer system which recognize existing and future uses of
the aquifer and that are in accordance with department of
ecology and department of social and health services
drinking and surface water quality standards;
(i) Long-term policies and construction practices
necessary to protect existing water rights and subsequent
facilities installed in accordance with the ground water area
or sub-area management programs and/or other water right
procedures;
(j) Annual withdrawal rates and safe yield guidelines
which are directed by the long-term management programs
that recognize annual variations in aquifer recharge;
[Title 90 RCW—page 50]
(k) A description of conditions and potential conflicts
and identification of a program to resolve conflicts with
existing water rights;
(l) Alternative management programs to meet future
needs and existing conditions, including water conservation
plans; and
(m) A process for the periodic review of the ground
water management program and monitoring of the implementation of the program.
(2) The ground water area or sub-area management
programs shall be submitted for review in accordance with
the state environmental policy act. [1988 c 186 § 1; 1985 c
453 § 2.]
Effective date—1988 c 186 § 1: "Section 1 of this act shall take
effect June 30, 1998." [1988 c 186 § 2.]
90.44.420 Ground water management programs—
Consideration by department of ecology—Public hearing—Findings—Adoption of regulations, ordinances, and
programs. The department of ecology shall consider the
ground water area or sub-area management plan for adoption
in accordance with this chapter and chapter 90.54 RCW.
Upon completion of the ground water area or sub-area
management program, the department of ecology shall hold
a public hearing within the designated ground water management area for the purpose of taking public testimony on the
proposed program. Following the public hearing, the
department of ecology and affected local governments shall
(1) prepare findings which either provide for the subsequent
adoption of the program as proposed or identify the revisions
necessary to ensure that the program is consistent with the
intent of this chapter, and (2) adopt regulations, ordinances,
and/or programs for implementing those provisions of the
ground water management program which are within their
respective jurisdictional authorities. [1985 c 453 § 3.]
90.44.430 Ground water management programs—
Guidance to local governments and certain departments.
The department of ecology, the department of social and
health services, and affected local governments shall be
guided by the adopted program when reviewing and considering approval of all studies, plans, and facilities that may
utilize or impact the implementation of the program. [1985
c 453 § 4.]
90.44.440 Existing rights not affected. RCW
90.44.400 through 90.44.430 shall not affect any water rights
existing as of May 21, 1985. [1985 c 453 § 5.]
90.44.445 Acreage expansion program—
Authorization—Certification. In any acreage expansion
program adopted by the department as an element of a
ground water management program, the authorization for a
water right certificate holder to participate in the program
shall be on an annual basis for the first two years. After the
two-year period, the department may authorize participation
for ten-year periods. The department may authorize participation for ten-year periods for certificate holders who have
already participated in an acreage expansion program for two
years. The department may require annual certification that
the certificate holder has complied with all requirements of
(2002 Ed.)
Regulation of Public Ground Waters
90.44.445
the program. The department may terminate the authority of
a certificate holder to participate in the program for one
calendar year if the certificate holder fails to comply with
the requirements of the program. [1993 c 99 § 1.]
90.46.140
90.44.450 Metering or measuring ground water
withdrawals—Reports. The department of ecology may
require withdrawals of ground water to be metered, or
measured by other approved methods, as a condition for a
new water right permit. The department may also require,
as a condition for such permits, reports regarding such
withdrawals as to the amount of water being withdrawn.
These reports shall be in a form prescribed by the department. [1989 c 348 § 7.]
90.46.005 Findings—Coordination of efforts—
Development of facilities encouraged. The legislature finds
that by encouraging the use of reclaimed water while
assuring the health and safety of all Washington citizens and
the protection of its environment, the state of Washington
will continue to use water in the best interests of present and
future generations.
To facilitate the use of reclaimed water as soon as is
practicable, the legislature encourages the cooperative efforts
of the public and private sectors and the use of pilot projects
to effectuate the goals of this chapter. The legislature
further directs the department of health and the department
of ecology to coordinate efforts towards developing an efficient and streamlined process for creating and implementing
processes for the use of reclaimed water.
It is hereby declared that the people of the state of
Washington have a primary interest in the development of
facilities to provide reclaimed water to replace potable water
in nonpotable applications, to supplement existing surface
and ground water supplies, and to assist in meeting the
future water requirements of the state.
The legislature further finds and declares that the
utilization of reclaimed water by local communities for
domestic, agricultural, industrial, recreational, and fish and
wildlife habitat creation and enhancement purposes, including wetland enhancement, will contribute to the peace,
health, safety, and welfare of the people of the state of
Washington. To the extent reclaimed water is appropriate
for beneficial uses, it should be so used to preserve potable
water for drinking purposes. Use of reclaimed water
constitutes the development of new basic water supplies
needed for future generations.
The legislature further finds and declares that the use of
reclaimed water is not inconsistent with the policy of
antidegradation of state waters announced in other state
statutes, including the water pollution control act, chapter
90.48 RCW and the water resources act, chapter 90.54
RCW.
The legislature finds that other states, including California, Florida, and Arizona, have successfully used reclaimed
water to supplement existing water supplies without threatening existing resources or public health.
It is the intent of the legislature that the department of
ecology and the department of health undertake the necessary steps to encourage the development of water reclamation facilities so that reclaimed water may be made available
to help meet the growing water requirements of the state.
The legislature further finds and declares that reclaimed
water facilities are water pollution control facilities as
defined in chapter 70.146 RCW and are eligible for financial
assistance as provided in chapter 70.146 RCW. The legislature finds that funding demonstration projects will ensure the
future use of reclaimed water. The demonstration projects
in RCW 90.46.110 are varied in nature and will provide the
experience necessary to test different facets of the standards
and refine a variety of technologies so that water purveyors
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
90.44.460 Reservoir permits. The legislature recognizes the importance of sound water management. In an
effort to promote new and innovative methods of water
storage, the legislature authorizes the department of ecology
to issue reservoir permits that enable an entity to artificially
store and recover water in any underground geological
formation, which qualifies as a reservoir under RCW
90.03.370. [2000 c 98 § 1.]
90.44.500
Civil penalties. See RCW 90.03.600.
Chapter 90.46
RECLAIMED WATER USE
Sections
90.46.005
90.46.010
90.46.020
90.46.030
90.46.040
90.46.042
90.46.044
90.46.050
90.46.060
90.46.070
90.46.072
90.46.080
90.46.090
90.46.100
90.46.110
90.46.120
90.46.130
(2002 Ed.)
Findings—Coordination of efforts—Development of facilities encouraged.
Definitions.
Interim standards for pilot projects for use of reclaimed
water.
Standards, procedures, and guidelines for industrial and
commercial use of reclaimed water—Reclaimed water
permits—Fee structure for permits—Formal agreements
between the departments of health and ecology.
Standards, procedures, and guidelines for land applications
of reclaimed water—Permits—Referral to department of
health.
Standards, procedures, and guidelines for direct recharge.
Standards, procedures, and guidelines for discharge to
wetlands.
Advisory committee—Development of standards, procedures, and guidelines.
Enforcement powers—Secretary of health.
Exemption from standards, procedures, and guidelines.
Conflict resolution—Reclaimed water projects and chapter
372-32 WAC.
Use of reclaimed water for surface percolation—
Establishment of discharge limit for contaminants.
Use of reclaimed water for discharge into constructed beneficial use wetlands and constructed treatment wetlands—
Standards for discharge.
Discharge of reclaimed water for streamflow augmentation.
Reclaimed water demonstration program—Demonstration
projects.
Use of water from wastewater treatment facility—
Consideration in regional water supply plan or potable
water supply service planning.
Impairment of water rights downstream from freshwater
discharge points.
90.46.150
90.46.160
Greywater reuse—Standards, procedures, and guidelines—
Rules.
Agricultural industrial process water—Permit—Use—
Referral to department of health.
Industrial reuse water—Permit.
[Title 90 RCW—page 51]
90.46.005
Title 90 RCW: Water Rights—Environment
can begin to use reclaimed water technology in a more costeffective manner. This is especially critical in smaller cities
and communities where the feasibility for such projects is
great, but there are scarce resources to develop the necessary
facilities.
The legislature further finds that the agricultural
processing industry can play a critical and beneficial role in
promoting the efficient use of water by having the opportunity to develop and reuse agricultural industrial process water
from food processing. [2001 c 69 § 1; 1997 c 355 § 1; 1995
c 342 § 1; 1992 c 204 § 1.]
Construction—1995 c 342: "This act shall not be construed as
affecting any existing right acquired or liability or obligation incurred under
the sections amended or repealed in this act or under any rule or order
adopted under those sections, nor as affecting any proceeding instituted
under those sections." [1995 c 342 § 10.]
Effective date—1995 c 342: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 11, 1995]." [1995 c 342 § 11.]
90.46.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Greywater" means wastewater having the consistency and strength of residential domestic type wastewater.
Greywater includes wastewater from sinks, showers, and
laundry fixtures, but does not include toilet or urinal waters.
(2) "Land application" means application of treated
effluent for purposes of irrigation or landscape enhancement
for residential, business, and governmental purposes.
(3) "Person" means any state, individual, public or
private corporation, political subdivision, governmental
subdivision, governmental agency, municipality, copartnership, association, firm, trust estate, or any other legal entity
whatever.
(4) "Reclaimed water" means effluent derived in any
part from sewage from a wastewater treatment system that
has been adequately and reliably treated, so that as a result
of that treatment, it is suitable for a beneficial use or a
controlled use that would not otherwise occur and is no
longer considered wastewater.
(5) "Sewage" means water-carried human wastes from
residences, buildings, industrial and commercial establishments, or other places, together with such ground water
infiltration, surface waters, or industrial wastewater as may
be present.
(6) "User" means any person who uses reclaimed water.
(7) "Wastewater" means water and wastes discharged
from homes, businesses, and industry to the sewer system.
(8) "Beneficial use" means the use of reclaimed water,
that has been transported from the point of production to the
point of use without an intervening discharge to the waters
of the state, for a beneficial purpose.
(9) "Direct recharge" means the controlled subsurface
addition of water directly to the ground water basin that
results in the replenishment of ground water.
(10) "Ground water recharge criteria" means the
contaminant criteria found in the drinking water quality
standards adopted by the state board of health pursuant to
chapter 43.20 RCW and the department of health pursuant
to chapter 70.119A RCW.
[Title 90 RCW—page 52]
(11) "Planned ground water recharge project" means any
reclaimed water project designed for the purpose of recharging ground water, via direct recharge or surface percolation.
(12) "Reclamation criteria" means the criteria set forth
in the water reclamation and reuse interim standards and
subsequent revisions adopted by the department of ecology
and the department of health.
(13) "Streamflow augmentation" means the discharge of
reclaimed water to rivers and streams of the state or other
surface water bodies, but not wetlands.
(14) "Surface percolation" means the controlled application of water to the ground surface for the purpose of
replenishing ground water.
(15) "Wetland or wetlands" means areas that are
inundated or saturated by surface water or ground water at
a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation
typically adapted to life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands regulated under this chapter shall be
delineated in accordance with the manual adopted by the
department of ecology pursuant to RCW 90.58.380.
(16) "Constructed beneficial use wetlands" means those
wetlands intentionally constructed on nonwetland sites to
produce or replace natural wetland functions and values.
Constructed beneficial use wetlands are considered "waters
of the state."
(17) "Constructed treatment wetlands" means those
wetlands intentionally constructed on nonwetland sites and
managed for the primary purpose of wastewater or storm
water treatment. Constructed treatment wetlands are
considered part of the collection and treatment system and
are not considered "waters of the state."
(18) "Agricultural industrial process water" means water
that has been used for the purpose of agricultural processing
and has been adequately and reliably treated, so that as a
result of that treatment, it is suitable for other agricultural
water use.
(19) "Agricultural processing" means the processing of
crops or milk to produce a product primarily for wholesale
or retail sale for human or animal consumption, including
but not limited to potato, fruit, vegetable, and grain processing.
(20) "Agricultural water use" means the use of water for
irrigation and other uses related to the production of agricultural products. These uses include, but are not limited to,
construction, operation, and maintenance of agricultural
facilities and livestock operations at farms, ranches, dairies,
and nurseries. Examples of these uses include, but are not
limited to, dust control, temperature control, and fire control.
(21) "Industrial reuse water" means water that has been
used for the purpose of industrial processing and has been
adequately and reliably treated so that, as a result of that
treatment, it is suitable for other uses. [2002 c 329 § 3;
2001 c 69 § 2; 1997 c 444 § 5; 1995 c 342 § 2; 1992 c 204
§ 2.]
Severability—1997 c 444: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1997 c 444 § 11.]
Construction—Effective date—1995 c 342: See notes following
RCW 90.46.005.
(2002 Ed.)
Reclaimed Water Use
90.46.020 Interim standards for pilot projects for
use of reclaimed water. (1) The department of ecology
shall, in coordination with the department of health, develop
interim standards for pilot projects under subsection (3) of
this section on or before July 1, 1992, for the use of reclaimed water in land applications.
(2) The department of health shall, in coordination with
the department of ecology, develop interim standards for
pilot projects under subsection (3) of this section on or
before November 15, 1992, for the use of reclaimed water
in commercial and industrial activities.
(3) The department of ecology and the department of
health shall assist interested parties in the development of
pilot projects to aid in achieving the purposes of this chapter.
[1992 c 204 § 3.]
90.46.030 Standards, procedures, and guidelines for
industrial and commercial use of reclaimed water—
Reclaimed water permits—Fee structure for permits—
Formal agreements between the departments of health
and ecology. (1) The department of health shall, in coordination with the department of ecology, adopt a single set
of standards, procedures, and guidelines on or before August
1, 1993, for the industrial and commercial use of reclaimed
water.
(2) The department of health may issue a reclaimed
water permit for industrial and commercial uses of reclaimed
water to the generator of reclaimed water who may then
distribute the water, subject to provisions in the permit
governing the location, rate, water quality, and purposes of
use.
(3) The department of health in consultation with the
advisory committee established in RCW 90.46.050, shall
develop recommendations for a fee structure for permits
issued under subsection (2) of this section. Fees shall be
established in amounts to fully recover, and not exceed,
expenses incurred by the department of health in processing
permit applications and modifications, monitoring and
evaluating compliance with permits, and conducting inspections and supporting the reasonable overhead expenses that
are directly related to these activities. Permit fees may not
be used for research or enforcement activities. The department of health shall not issue permits under this section until
a fee structure has been established.
(4) A permit under this section for use of reclaimed
water may be issued only to a municipal, quasi-municipal, or
other governmental entity or to the holder of a waste
discharge permit issued under chapter 90.48 RCW.
(5) The authority and duties created in this section are
in addition to any authority and duties already provided in
law with regard to sewage and wastewater collection,
treatment, and disposal for the protection of health and
safety of the state’s waters. Nothing in this section limits
the powers of the state or any political subdivision to
exercise such authority.
(6) The department of health may implement the
requirements of this section through the department of
ecology by execution of a formal agreement between the
departments. Upon execution of such an agreement, the
department of ecology may issue reclaimed water permits for
industrial and commercial uses of reclaimed water by
(2002 Ed.)
90.46.020
issuance of permits under chapter 90.48 RCW, and may
establish and collect fees as required for permits issued
under chapter 90.48 RCW. [2002 c 329 § 4; 1992 c 204 §
4.]
90.46.040 Standards, procedures, and guidelines for
land applications of reclaimed water—Permits—Referral
to department of health. (1) The department of ecology
shall, in coordination with the department of health, adopt a
single set of standards, procedures, and guidelines, on or
before August 1, 1993, for land applications of reclaimed
water.
(2) A permit is required for any land application of
reclaimed water. The department of ecology may issue a
reclaimed water permit under chapter 90.48 RCW to the
generator of reclaimed water who may then distribute the
water, subject to provisions in the permit governing the
location, rate, water quality, and purpose of use. The
department of ecology shall not issue more than one permit
for any individual land application of reclaimed water to a
single generator.
(3) In cases where the department of ecology determines, in land applications of reclaimed water, that a
significant risk to the public health exists, the department
shall refer the application to the department of health for
review and consultation and the department of health may
require fees appropriate for review and consultation from the
applicant pursuant to RCW 43.70.250.
(4) A permit under this section for use of reclaimed
water may be issued only to a municipal, quasi-municipal, or
other governmental entity or to the holder of a waste
discharge permit issued under chapter 90.48 RCW.
(5) The authority and duties created in this section are
in addition to any authority and duties already provided in
law. Nothing in this section limits the powers of the state or
any political subdivision to exercise such authority. [1992
c 204 § 5.]
90.46.042 Standards, procedures, and guidelines for
direct recharge. The department of ecology shall, in
consultation with the department of health, adopt a single set
of standards, procedures, and guidelines, on or before
December 31, 1996, for direct recharge using reclaimed
water. The standards shall address both water quality
considerations and avoidance of property damage from
excessive recharge. [1995 c 342 § 6.]
Construction—Effective date—1995 c 342: See notes following
RCW 90.46.005.
90.46.044 Standards, procedures, and guidelines for
discharge to wetlands. The department of ecology shall, in
consultation with the department of health, adopt a single set
of standards, procedures, and guidelines, on or before June
30, 1996, for discharge of reclaimed water to wetlands.
[1995 c 342 § 7.]
Construction—Effective date—1995 c 342: See notes following
RCW 90.46.005.
90.46.050 Advisory committee—Development of
standards, procedures, and guidelines. The department of
health shall, before July 1, 1995, form an advisory commit[Title 90 RCW—page 53]
90.46.050
Title 90 RCW: Water Rights—Environment
tee, in coordination with the department of ecology and the
department of agriculture, which will provide technical
assistance in the development of standards, procedures, and
guidelines required by this chapter. Such committee shall be
composed of individuals from the public water and
wastewater utilities, landscaping enhancement industry,
commercial and industrial application community, and any
other persons deemed technically helpful by the department
of health. [1995 c 342 § 9; 1992 c 204 § 6.]
Construction—Effective date—1995 c 342: See notes following
RCW 90.46.005.
90.46.060 Enforcement powers—Secretary of
health. The secretary of health has all of the enforcement
powers granted to the secretary of health under chapter 43.70
RCW to enforce this chapter. [1992 c 204 § 7.]
90.46.070 Exemption from standards, procedures,
and guidelines. Any person lawfully using reclaimed water
before April 2, 1992, may continue to do so and is not
required to comply with the standards, procedures, and
guidelines under chapter 90.46 RCW before July 1, 1995.
[1992 c 204 § 8.]
90.46.072 Conflict resolution—Reclaimed water
projects and chapter 372-32 WAC. On or before December 31, 1995, the department of ecology and department of
health shall, in consultation with local interested parties,
jointly review and, if required, propose amendments to
chapter 372-32 WAC to resolve conflicts between the development of reclaimed water projects in the Puget Sound
region and chapter 372-32 RCW [WAC]. [1995 c 342 § 8.]
Construction—Effective date—1995 c 342: See notes following
RCW 90.46.005.
90.46.080 Use of reclaimed water for surface
percolation—Establishment of discharge limit for contaminants. (1) Reclaimed water may be beneficially used
for surface percolation provided the reclaimed water meets
the ground water recharge criteria as measured in ground
water beneath or down gradient of the recharge project site,
and has been incorporated into a sewer or water comprehensive plan, as applicable, adopted by the applicable local
government and approved by the department of health or
department of ecology as applicable.
(2) If the state ground water recharge criteria as defined
by RCW 90.46.010 do not contain a standard for a constituent or contaminant, the department of ecology shall establish
a discharge limit consistent with the goals of this chapter.
(3) Reclaimed water that does not meet the ground
water recharge criteria may be beneficially used for surface
percolation where the department of ecology, in consultation
with the department of health, has specifically authorized
such use at such lower standard. [1997 c 444 § 6; 1995 c
342 § 3.]
Severability—1997 c 444: See note following RCW 90.46.010.
Construction—Effective date—1995 c 342: See notes following
RCW 90.46.005.
90.46.090 Use of reclaimed water for discharge into
constructed beneficial use wetlands and constructed
[Title 90 RCW—page 54]
treatment wetlands—Standards for discharge. (1) Reclaimed water may be beneficially used for discharge into
constructed beneficial use wetlands and constructed treatment
wetlands provided the reclaimed water meets the class A or
B reclaimed water standards as defined in the reclamation
criteria, and the discharge is incorporated into a sewer or
water comprehensive plan, as applicable, adopted by the
applicable local government and approved by the department
of health or department of ecology as applicable.
(2) Reclaimed water that does not meet the class A or
B reclaimed water standards may be beneficially used for
discharge into constructed treatment wetlands where the department of ecology, in consultation with the department of
health, has specifically authorized such use at such lower
standards.
(3) The department of ecology and the department of
health must develop appropriate standards for discharging
reclaimed water into constructed beneficial use wetlands and
constructed treatment wetlands. These standards must be
considered as part of the approval process under subsections
(1) and (2) of this section. [1997 c 444 § 7; 1995 c 342 §
4.]
Severability—1997 c 444: See note following RCW 90.46.010.
Construction—Effective date—1995 c 342: See notes following
RCW 90.46.005.
90.46.100 Discharge of reclaimed water for
streamflow augmentation. Reclaimed water intended for
beneficial reuse may be discharged for streamflow augmentation provided the reclaimed water meets the requirements of
the federal water pollution control act, chapter 90.48 RCW,
and is incorporated into a sewer or water comprehensive
plan, as applicable, adopted by the applicable local government and approved by the department of health or department of ecology as applicable. [1995 c 342 § 5.]
Construction—Effective date—1995 c 342: See notes following
RCW 90.46.005.
90.46.110 Reclaimed water demonstration program—Demonstration projects. (1) The department of
ecology shall establish and administer a reclaimed water
demonstration program for the purposes of funding and
monitoring the progress of five demonstration projects. The
department shall work in cooperation with the department of
health.
(2) The five demonstration projects will be:
(a) The city of Ephrata, to use class A reclaimed water
for surface spreading that will recharge the groundwater and
reduce the nitrate concentrations that currently exceed
drinking water standards in domestic wells;
(b) Lincoln county, for a study of the use of reclaimed
water to transport twenty-two million gallons a day from
Spokane to water sources that will rehydrate and restore long
depleted streambeds;
(c) The city of Royal City to replace an interim emergency sprayfield by using one hundred percent of its
discharge as class A reclaimed water to enhance local
wetlands and lakes in the winter, and potentially irrigate a
golf course;
(d) The city of Sequim to implement a tertiary treatment
system and reuse one hundred percent of the city’s
(2002 Ed.)
Reclaimed Water Use
90.46.110
wastewater to reopen an existing shellfish closure area to
benefit state and tribal resources, improve streamflows in the
Dungeness river, and provide a sustainable water supply for
irrigation purposes;
(e) The city of Yelm to use one hundred percent of its
wastewater to provide alternative water supply for irrigation
and industrial uses in order to offset increased demand for
water supply, to protect the Nisqually river chum salmon
runs, and to develop experimental artificial wetlands to test
low cost treatment options.
(3) By September 30, 1997, the department of ecology
shall enter into a grant agreement with the demonstration
project jurisdictions that includes reporting requirements,
timelines, and a fund disbursement schedule based on the
agreed project milestones.
(4) Upon completion of the projects, the department of
ecology shall report to the appropriate committees of the
legislature on the results of the program.
(5) Demonstration projects which will discharge or
otherwise deliver reclaimed water to federal reclamation
project facilities or irrigation district facilities shall meet the
requirements of the facilities’ operating entity for such
discharges or deliveries.
(6) No irrigation district, its directors, officers, employees, or agents operating and maintaining irrigation works for
any purpose authorized by law, including the production of
food for human consumption and other agricultural and
domestic purposes, is liable for damages to persons or
property arising from the implementation of the demonstration projects in this section. [1997 c 355 § 2.]
facilities unless compensation or mitigation for such impairment is agreed to by the holder of the affected water right.
(2) Agricultural water use of agricultural industrial
process water and use of industrial reuse water under this
chapter shall not impair existing water rights within the
water source that is the source of supply for the agricultural
processing plant or the industrial processing and, if the water
source is surface water, the existing water rights are downstream from the agricultural processing plant’s discharge
points existing on July 22, 2001, or from the industrial
processing’s discharge points existing on June 13, 2002.
[2002 c 329 § 5; 2001 c 69 § 4; 1997 c 444 § 4.]
90.46.120 Use of water from wastewater treatment
facility—Consideration in regional water supply plan or
potable water supply service planning. The owner of a
wastewater treatment facility that is reclaiming water with a
permit issued under this chapter has the exclusive right to
any reclaimed water generated by the wastewater treatment
facility. Use and distribution of the reclaimed water by the
owner of the wastewater treatment facility is exempt from
the permit requirements of RCW 90.03.250 and 90.44.060.
Revenues derived from the reclaimed water facility shall be
used only to offset the cost of operation of the wastewater
utility fund or other applicable source of system-wide
funding.
If the proposed use or uses of reclaimed water are
intended to augment or replace potable water supplies or
create the potential for the development of additional potable
water supplies, such use or uses shall be considered in the
development of the regional water supply plan or plans
addressing potable water supply service by multiple water
purveyors. The owner of a wastewater treatment facility that
proposes to reclaim water shall be included as a participant
in the development of such regional water supply plan or
plans. [1997 c 444 § 1.]
90.46.150 Agricultural industrial process water—
Permit—Use—Referral to department of health. The
permit to apply agricultural industrial process water to agricultural water use shall be the permit issued under chapter
90.48 RCW to the owner of the agricultural processing plant
who may then distribute the water through methods including, but not limited to, irrigation systems, subject to provisions in the permit governing the location, rate, water
quality, and purpose. In cases where the department of
ecology determines that a significant risk to public health
exists, in land application of the water, the department must
refer the application to the department of health for review
and consultation.
The owner of the agricultural processing plant who
obtains a permit under this section has the exclusive right to
the use of any agricultural industrial process water generated
from the plant and to the distribution of such water through
facilities including irrigation systems. Use and distribution
of the water by the owner is exempt from the permit
requirements of RCW 90.03.250, 90.03.380, 90.44.060, and
90.44.100.
Nothing in chapter 69, Laws of 2001 shall be construed
to affect any right to reuse agricultural industrial discharge
water in existence on or before July 22, 2001. [2001 c 69
§ 3.]
Severability—1997 c 444: See note following RCW 90.46.010.
90.46.130 Impairment of water rights downstream
from freshwater discharge points. (1) Except as provided
in subsection (2) of this section, facilities that reclaim water
under this chapter shall not impair any existing water right
downstream from any freshwater discharge points of such
(2002 Ed.)
Severability—1997 c 444: See note following RCW 90.46.010.
90.46.140 Greywater reuse—Standards, procedures,
and guidelines—Rules. (1) The department of health shall
develop standards, procedures, and guidelines for the reuse
of greywater, consistent with RCW 43.20.230(2), by January
1, 1998.
(2) Standards, procedures, and guidelines developed by
the department of health for reuse of greywater shall
encourage the application of this technology for conserving
water resources, or reducing the wastewater load, on domestic wastewater facilities, individual on-site sewage treatment
and disposal systems, or community on-site sewage treatment and disposal systems.
(3) The department of health and local health officers
may permit the reuse of greywater according to rules
adopted by the department of health. [1997 c 444 § 8.]
Severability—1997 c 444: See note following RCW 90.46.010.
90.46.160 Industrial reuse water—Permit. (1) The
permit to use industrial reuse water shall be the permit
issued under chapter 90.48 RCW to the owner of the plant
that is the source of the industrial process water, who may
[Title 90 RCW—page 55]
90.46.160
Title 90 RCW: Water Rights—Environment
then distribute the water according to provisions in the
permit governing the location, rate, water quality, and
purpose. In cases where the department of ecology determines that a proposed use may pose a significant risk to
public health, the department shall refer the permit application to the department of health for review and consultation.
(2) The owner of the industrial plant who obtains a
permit under this section has the exclusive right to the use
of any industrial reuse water generated from the plant and to
the distribution of such water. Use and distribution of the
water by the owner is exempt from the permit requirements
of RCW 90.03.250, 90.03.380, 90.44.060, and 90.44.100.
(3) Nothing in this section affects any right to reuse
industrial process water in existence on or before June 13,
2002. [2002 c 329 § 6.]
90.48.200
90.48.215
90.48.220
90.48.230
90.48.240
90.48.250
90.48.260
90.48.261
90.48.262
90.48.264
Chapter 90.48
WATER POLLUTION CONTROL
Sections
90.48.010
90.48.020
90.48.030
90.48.035
90.48.037
90.48.039
90.48.045
90.48.080
90.48.090
90.48.095
90.48.100
90.48.110
90.48.112
90.48.120
90.48.140
90.48.142
90.48.144
90.48.150
90.48.153
90.48.156
90.48.160
90.48.162
90.48.165
90.48.170
90.48.180
90.48.190
90.48.195
Policy enunciated.
Definitions.
Jurisdiction of department.
Rule-making authority.
Authority of department to bring enforcement actions.
Hazardous substance remedial actions—Procedural requirements not applicable.
Environmental excellence program agreements—Effect on
chapter.
Discharge of polluting matter in waters prohibited.
Right of entry—Special inspection requirements for metals
mining and milling operations.
Authority of department to compel attendance and testimony
of witnesses, production of books and papers—
Contempt proceedings to enforce—Fees.
Request for assistance.
Plans and proposed methods of operation and maintenance
of sewerage or disposal systems to be submitted to
department—Exceptions—Time limitations.
Plan evaluation—Consideration of reclaimed water.
Notice of department’s determination that violation has or
will occur—Report to department of compliance with
determination—Order or directive to be issued—Notice.
Penalty.
Violations—Liability in damages for injury or death of fish,
animals, vegetation—Action to recover.
Violations—Civil penalty—Procedure.
Construction of chapter.
Cooperation with federal government—Federal funds.
Cooperation with other states and provinces—Interstate and
state-provincial projects.
Waste disposal permit—Required—Exemptions.
Waste disposal permits required of counties, municipalities
and public corporations.
Waste disposal permits required of counties, municipalities
and public corporations—Cities, towns or municipal
corporations may be granted authority to issue permits—
Revocation—Termination of permits.
Waste disposal permits required of counties, municipalities
and public corporations—Application—Notice as to new
operation or increase in volume—Investigation—Notice
to other state departments.
Waste disposal permits required of counties, municipalities
and public corporations—Issuance—Conditions—
Duration.
Waste disposal permits required of counties, municipalities
and public corporations—Termination—Grounds.
Waste disposal permits required of counties, municipalities
and public corporations—Modification or additional
conditions may be ordered.
[Title 90 RCW—page 56]
90.48.270
90.48.280
90.48.285
90.48.290
90.48.300
90.48.364
90.48.366
90.48.367
90.48.368
90.48.386
90.48.390
90.48.400
90.48.420
90.48.425
90.48.430
90.48.445
90.48.447
90.48.448
90.48.450
90.48.455
90.48.465
90.48.480
90.48.490
90.48.495
90.48.500
90.48.520
90.48.900
90.48.901
Waste disposal permits required of counties, municipalities
and public corporations—Nonaction upon application—
Temporary permit—Duration.
Upland finfish facilities—Waste discharge standards—Waste
disposal permit.
Marine finfish rearing facilities—Waste discharge standards—Discharge permit applications—Exemption.
Application of administrative procedure law to rule making
and adjudicative proceedings.
Water pollution orders for conditions requiring immediate
action—Appeal.
Agreements or contracts to monitor waters and effluent discharge.
Federal clean water act—Department designated as state
agency, authority—Powers, duties and functions.
Exercise of powers under RCW 90.48.260—Aquatic resource mitigation.
Implementation of RCW 90.48.260—Permits for energy
facilities—Rules and procedures.
Federal clean water act—Rules for on-site sewage disposal
systems adjacent to marine waters.
Sewage drainage basins—Authority of department to delineate and establish.
Sewage drainage basins—Comprehensive plans for sewage
drainage basins.
Contracts with municipal or public corporations and political
subdivisions to finance water pollution control projects—Requisites—Priorities.
Grants to municipal or public corporations or political subdivisions to aid water pollution control projects—
Limitations.
Pollution control facilities—Tax exemptions and credits.
Discharge of oil into waters of the state—Definitions.
Discharge of oil into waters of the state—Compensation
schedule.
Discharge of oil into waters of the state—Assessment of
compensation.
Discharge of oil into waters of the state—Preassessment
screening.
Department of natural resources leases.
Coastal protection fund—Established—Moneys credited to—
Use.
Coastal protection fund—Disbursal of moneys from.
Water quality standards affected by forest practices—
Department of ecology solely responsible for water
quality standards—Forest practices rules—Adoption—
Examination—Enforcement procedures.
Forest practices act and regulations relating to water quality
protection to be utilized to satisfy federal water pollution act.
Watershed restoration projects—Approval process—Waiver
of public review.
Aquatic noxious weed control—Water quality permits—
Definition.
Aquatic plant management program—Commercial herbicide
information—Experimental application of herbicides—
Appropriation for study.
Eurasion water milfoil—Pesticide 2,4-D application.
Discharges from agricultural activity—Consideration to be
given as to whether enforcement action would contribute
to conversion of land to nonagricultural use—Minimize
the possibility.
Discharge of chlorinated organics—Engineering reports by
pulp and paper mills—Permits limiting discharge.
Water discharge fees.
Reduction of sewer overflows—Plans—Compliance schedule.
Sewage treatment facilities—Plans to upgrade or construct.
Water conservation measures to be considered in sewer
plans.
Pollution Disclosure Act of 1971.
Review of operations before issuance or renewal of
wastewater discharge permits—Incorporation of permit
conditions.
Severability—1945 c 216.
Severability—1967 c 13.
(2002 Ed.)
Water Pollution Control
90.48.902 Severability—1970 ex.s. c 88.
90.48.903 Severability—1971 ex.s. c 180.
90.48.904 Severability—1989 c 262.
90.48.906 Short title—1971 ex.s. c 180.
County water and sewerage systems, approval of the department of social
and health services and the department of ecology: RCW 36.94.100.
Domestic waste treatment plants—Certification and regulation of operators:
Chapter 70.95B RCW.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
Oil and hazardous substance spill prevention and response: Chapter 90.56
RCW.
Oil tankers on Puget Sound, restrictions, etc.: RCW 88.16.170 through
88.16.190.
Shellfish, sanitary control: RCW 69.30.130.
Washington clean air act: Chapter 70.94 RCW.
Water-sewer district powers as to mutual systems, approval of exercise by
pollution control commission: RCW 57.08.065.
Water pollution control facilities, tax exemptions and credits: Chapter
82.34 RCW.
Water resources act of 1971: Chapter 90.54 RCW.
90.48.010 Policy enunciated. It is declared to be the
public policy of the state of Washington to maintain the
highest possible standards to insure the purity of all waters
of the state consistent with public health and public enjoyment thereof, the propagation and protection of wild life,
birds, game, fish and other aquatic life, and the industrial
development of the state, and to that end require the use of
all known available and reasonable methods by industries
and others to prevent and control the pollution of the waters
of the state of Washington. Consistent with this policy, the
state of Washington will exercise its powers, as fully and as
effectively as possible, to retain and secure high quality for
all waters of the state. The state of Washington in recognition of the federal government’s interest in the quality of the
navigable waters of the United States, of which certain
portions thereof are within the jurisdictional limits of this
state, proclaims a public policy of working cooperatively
with the federal government in a joint effort to extinguish
the sources of water quality degradation, while at the same
time preserving and vigorously exercising state powers to
insure that present and future standards of water quality
within the state shall be determined by the citizenry, through
and by the efforts of state government, of the state of
Washington. [1973 c 155 § 1; 1945 c 216 § 1; Rem. Supp.
1945 § 10964a.]
90.48.020 Definitions. Whenever the word "person"
is used in this chapter, it shall be construed to include any
political subdivision, government agency, municipality,
industry, public or private corporation, copartnership,
association, firm, individual or any other entity whatsoever.
Wherever the words "waters of the state" shall be used
in this chapter, they shall be construed to include lakes,
rivers, ponds, streams, inland waters, underground waters,
salt waters and all other surface waters and watercourses
within the jurisdiction of the state of Washington.
Whenever the word "pollution" is used in this chapter,
it shall be construed to mean such contamination, or other
alteration of the physical, chemical or biological properties,
of any waters of the state, including change in temperature,
taste, color, turbidity, or odor of the waters, or such dis(2002 Ed.)
Chapter 90.48
charge of any liquid, gaseous, solid, radioactive, or other
substance into any waters of the state as will or is likely to
create a nuisance or render such waters harmful, detrimental
or injurious to the public health, safety or welfare, or to
domestic, commercial, industrial, agricultural, recreational,
or other legitimate beneficial uses, or to livestock, wild
animals, birds, fish or other aquatic life.
Wherever the word "department" is used in this chapter
it shall mean the department of ecology.
Whenever the word "director" is used in this chapter it
shall mean the director of ecology.
Whenever the words "aquatic noxious weed" are used in
this chapter, they have the meaning prescribed under RCW
17.26.020.
Whenever the words "general sewer plan" are used in
this chapter they shall be construed to include all sewerage
general plans, sewer general comprehensive plans, plans for
a system of sewerage, and other plans for sewer systems
adopted by a local government entity including but not
limited to cities, towns, public utility districts, and watersewer districts. [2002 c 161 § 4; 1995 c 255 § 7; 1987 c
109 § 122; 1967 c 13 § 1; 1945 c 216 § 2; Rem. Supp. 1945
§ 10964b.]
Severability—Effective date—1995 c 255: See RCW 17.26.900 and
17.26.901.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.030 Jurisdiction of department. The department shall have the jurisdiction to control and prevent the
pollution of streams, lakes, rivers, ponds, inland waters, salt
waters, water courses, and other surface and underground
waters of the state of Washington. [1987 c 109 § 123; 1945
c 216 § 10; Rem. Supp. 1945 § 10964j. FORMER PART
OF SECTION: 1945 c 216 § 11; Rem. Supp. 1945 §
10964k, now codified as RCW 90.48.035.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.035 Rule-making authority. The department
shall have the authority to, and shall promulgate, amend, or
rescind such rules and regulations as it shall deem necessary
to carry out the provisions of this chapter, including but not
limited to rules and regulations relating to standards of
quality for waters of the state and for substances discharged
therein in order to maintain the highest possible standards of
all waters of the state in accordance with the public policy
as declared in RCW 90.48.010. [1987 c 109 § 124; 1970
ex.s. c 88 § 11; 1967 c 13 § 6; 1945 c 216 § 11; Rem. Supp.
1945 § 10964k. Formerly RCW 90.48.030, part.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.037 Authority of department to bring enforcement actions. The department, with the assistance of
the attorney general, is authorized to bring any appropriate
action at law or in equity, including action for injunctive
relief, in the name of the people of the state of Washington
as may be necessary to carry out the provisions of this
chapter or chapter 90.56 RCW. [1991 c 200 § 1102; 1987
c 109 § 125; 1967 c 13 § 7.]
[Title 90 RCW—page 57]
90.48.037
Title 90 RCW: Water Rights—Environment
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.039 Hazardous substance remedial actions—
Procedural requirements not applicable. The procedural
requirements of this chapter shall not apply to any person
conducting a remedial action at a facility pursuant to a
consent decree, order, or agreed order issued pursuant to
chapter 70.105D RCW, or to the department of ecology
when it conducts a remedial action under chapter 70.105D
RCW. The department of ecology shall ensure compliance
with the substantive requirements of this chapter through the
consent decree, order, or agreed order issued pursuant to
chapter 70.105D RCW, or during the department-conducted
remedial action, through the procedures developed by the
department pursuant to RCW 70.105D.090. [1994 c 257 §
19.]
Severability—1994 c 257: See note following RCW 36.70A.270.
90.48.045 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any other
provision of law, any legal requirement under this chapter,
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions
of an environmental excellence program agreement, entered
into under chapter 43.21K RCW. [1997 c 381 § 26.]
Purpose—1997 c 381: See RCW 43.21K.005.
90.48.080 Discharge of polluting matter in waters
prohibited. It shall be unlawful for any person to throw,
drain, run, or otherwise discharge into any of the waters of
this state, or to cause, permit or suffer to be thrown, run,
drained, allowed to seep or otherwise discharged into such
waters any organic or inorganic matter that shall cause or
tend to cause pollution of such waters according to the determination of the department, as provided for in this chapter.
[1987 c 109 § 126; 1967 c 13 § 8; 1945 c 216 § 14; Rem.
Supp. 1945 § 10964n.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.090 Right of entry—Special inspection
requirements for metals mining and milling operations.
The department or its duly appointed agent shall have the
right to enter at all reasonable times in or upon any property,
public or private, for the purpose of inspecting and investigating conditions relating to the pollution of or the possible
pollution of any of the waters of this state.
The department shall have special inspection requirements for metals mining and milling operations regulated
under chapter 232, Laws of 1994. The department shall
inspect these mining and milling operations at least quarterly
in order to ensure compliance with the intent and any permit
issued pursuant to this chapter. The department shall
conduct additional inspections as needed during the construction phase of these mining operations in order to ensure
compliance with this chapter. [1994 c 232 § 21; 1987 c 109
§ 127; 1945 c 216 § 15; Rem. Supp. 1945 § 10964o.]
Severability—1994 c 232: See RCW 78.56.900.
[Title 90 RCW—page 58]
Effective date—1994 c 232 §§ 6-8 and 18-22: See RCW 78.56.902.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.095 Authority of department to compel
attendance and testimony of witnesses, production of
books and papers—Contempt proceedings to enforce—
Fees. In carrying out the purposes of this chapter or chapter
90.56 RCW the department shall, in conjunction with either
the adoption of rules, consideration of an application for a
waste discharge permit or the termination or modification of
such permit, or proceedings in adjudicative hearings, have
the authority to issue process and subpoena witnesses
effective throughout the state on its own behalf or that of an
interested party, compel their attendance, administer oaths,
take the testimony of any person under oath and, in connection therewith require the production for examination of any
books or papers relating to the matter under consideration by
the department. In case of disobedience on the part of any
person to comply with any subpoena issued by the department, or on the refusal of any witness to testify to any
matters regarding which he may be lawfully interrogated, it
shall be the duty of the superior court of any county, or of
the judge thereof, on application of the department, to
compel obedience by proceedings for contempt, as in the
case of disobedience of the requirements of a subpoena
issued from such court or a refusal to testify therein. In
connection with the authority granted under this section no
witness or other person shall be required to divulge trade
secrets or secret processes. Persons responding to a subpoena as provided herein shall be entitled to fees as are witnesses in superior court. [1991 c 200 § 1103; 1987 c 109 § 128;
1967 c 13 § 9.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.100 Request for assistance. The department
shall have the right to request and receive the assistance of
any educational institution or state agency when it is deemed
necessary by the department to carry out the provisions of
this chapter or chapter 90.56 RCW. [1991 c 200 § 1104;
1987 c 109 § 129; 1945 c 216 § 16; Rem. Supp. 1945 §
10964p.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.110 Plans and proposed methods of operation
and maintenance of sewerage or disposal systems to be
submitted to department—Exceptions—Time limitations.
(1) Except under subsection (2) of this section, all engineering reports, plans, and specifications for the construction of
new sewerage systems, sewage treatment or disposal plants
or systems, or for improvements or extensions to existing
sewerage systems or sewage treatment or disposal plants,
and the proposed method of future operation and maintenance of said facility or facilities, shall be submitted to and
be approved by the department, before construction thereof
may begin. No approval shall be given until the department
(2002 Ed.)
Water Pollution Control
is satisfied that said plans and specifications and the methods
of operation and maintenance submitted are adequate to
protect the quality of the state’s waters as provided for in
this chapter.
(2) To promote efficiency in service delivery and
intergovernmental cooperation in protecting the quality of the
state’s waters, the department may delegate the authority for
review and approval of engineering reports, plans, and
specifications for the construction of new sewerage systems,
sewage treatment or disposal plants or systems, or for
improvements or extensions to existing sewerage system or
sewage treatment or disposal plants, and the proposed
method of future operations and maintenance of said facility
or facilities and industrial pretreatment systems, to local
units of government requesting such delegation and meeting
criteria established by the department.
(3) For any new or revised general sewer plan submitted
for review under this section, the department shall review
and either approve, conditionally approve, reject, or request
amendments within ninety days of the receipt of the submission of the plan. The department may extend this ninety-day
time limitation for new submittals by up to an additional
ninety days if insufficient time exists to adequately review
the general sewer plan. For rejections of plans or extensions
of the timeline, the department shall provide in writing to the
local government entity the reason for such action. In
addition, the governing body of the local government entity
and the department may mutually agree to an extension of
the deadlines contained in this section. [2002 c 161 § 5;
1994 c 118 § 1; 1987 c 109 § 130; 1967 c 13 § 10; 1945 c
216 § 17; Rem. Supp. 1945 § 10964q.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.112 Plan evaluation—Consideration of
reclaimed water. The evaluation of any plans submitted
under RCW 90.48.110 must include consideration of
opportunities for the use of reclaimed water as defined in
RCW 90.46.010. [1997 c 444 § 9.]
Severability—1997 c 444: See note following RCW 90.46.010.
90.48.120 Notice of department’s determination
that violation has or will occur—Report to department of
compliance with determination—Order or directive to be
issued—Notice. (1) Whenever, in the opinion of the
department, any person shall violate or creates a substantial
potential to violate the provisions of this chapter or chapter
90.56 RCW, or fails to control the polluting content of waste
discharged or to be discharged into any waters of the state,
the department shall notify such person of its determination
by registered mail. Such determination shall not constitute
an order or directive under RCW 43.21B.310. Within thirty
days from the receipt of notice of such determination, such
person shall file with the department a full report stating
what steps have been and are being taken to control such
waste or pollution or to otherwise comply with the determination of the department. Whereupon the department shall
issue such order or directive as it deems appropriate under
the circumstances, and shall notify such person thereof by
registered mail.
(2002 Ed.)
90.48.110
(2) Whenever the department deems immediate action
is necessary to accomplish the purposes of this chapter or
chapter 90.56 RCW, it may issue such order or directive, as
appropriate under the circumstances, without first issuing a
notice or determination pursuant to subsection (1) of this
section. An order or directive issued pursuant to this
subsection shall be served by registered mail or personally
upon any person to whom it is directed. [1992 c 73 § 25;
1987 c 109 § 131; 1985 c 316 § 3; 1973 c 155 § 2; 1967 c
13 § 11; 1945 c 216 § 18; Rem. Supp. 1945 § 10964r.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Appeal of orders under RCW 90.48.120(2): RCW 43.21B.310.
90.48.140 Penalty. Any person found guilty of
willfully violating any of the provisions of this chapter or
chapter 90.56 RCW, or any final written orders or directive
of the department or a court in pursuance thereof shall be
deemed guilty of a crime, and upon conviction thereof shall
be punished by a fine of up to ten thousand dollars and costs
of prosecution, or by imprisonment in the county jail for not
more than one year, or by both such fine and imprisonment
in the discretion of the court. Each day upon which a willful
violation of the provisions of this chapter or chapter 90.56
RCW occurs may be deemed a separate and additional
violation. [1992 c 73 § 26; 1973 c 155 § 8; 1945 c 216 §
20; Rem. Supp. 1945 § 10964t.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
90.48.142 Violations—Liability in damages for
injury or death of fish, animals, vegetation—Action to
recover. (1) Any person who:
(a)(i) Violates any of the provisions of this chapter or
chapter 90.56 RCW;
(ii) Fails to perform any duty imposed by this chapter
or chapter 90.56 RCW;
(iii) Violates an order or other determination of the
department or the director made pursuant to the provisions
of this chapter or chapter 90.56 RCW;
(iv) Violates the conditions of a waste discharge permit
issued pursuant to RCW 90.48.160; or
(v) Otherwise causes a reduction in the quality of the
state’s waters below the standards set by the department or,
if no standards have been set, causes significant degradation
of water quality, thereby damaging the same; and
(b) Causes the death of, or injury to, fish, animals,
vegetation, or other resources of the state;
shall be liable to pay the state and affected counties and
cities damages in an amount determined pursuant to RCW
90.48.367.
(2) No action shall be authorized under this section
against any person operating in compliance with the conditions of a waste discharge permit issued pursuant to RCW
90.48.160. [1991 c 200 § 810; 1989 c 262 § 2; 1988 c 36
§ 69; 1987 c 109 § 132; 1985 c 316 § 6; 1970 ex.s. c 88 §
12; 1967 ex.s. c 139 § 13.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
[Title 90 RCW—page 59]
90.48.142
Title 90 RCW: Water Rights—Environment
Findings—1989 c 262: "The legislature finds that there is confusion
regarding the measure of damages authorized under RCW 90.48.142. The
intent of this act is to clarify existing law on the measure of damages
authorized under RCW 90.48.142, not to change the law." [1989 c 262 §
1.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1967 ex.s. c 139: See RCW 82.34.900.
90.48.144 Violations—Civil penalty—Procedure.
Except as provided in RCW 43.05.060 through 43.05.080
and 43.05.150, every person who:
(1) Violates the terms or conditions of a waste discharge
permit issued pursuant to RCW 90.48.180 or 90.48.260
through 90.48.262, or
(2) Conducts a commercial or industrial operation or
other point source discharge operation without a waste
discharge permit as required by RCW 90.48.160 or
90.48.260 through 90.48.262, or
(3) Violates the provisions of RCW 90.48.080, or other
sections of this chapter or chapter 90.56 RCW or rules or
orders adopted or issued pursuant to either of those chapters,
shall incur, in addition to any other penalty as provided by
law, a penalty in an amount of up to ten thousand dollars a
day for every such violation. Each and every such violation
shall be a separate and distinct offense, and in case of a
continuing violation, every day’s continuance shall be and be
deemed to be a separate and distinct violation. Every act of
commission or omission which procures, aids or abets in the
violation shall be considered a violation under the provisions
of this section and subject to the penalty herein provided for.
The penalty amount shall be set in consideration of the
previous history of the violator and the severity of the
violation’s impact on public health and/or the environment
in addition to other relevant factors. The penalty herein
provided for shall be imposed pursuant to the procedures set
forth in RCW 43.21B.300. [1995 c 403 § 636; 1992 c 73 §
27; 1987 c 109 § 17; 1985 c 316 § 2; 1973 c 155 § 9; 1970
ex.s. c 88 § 13; 1967 ex.s. c 139 § 14.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1967 ex.s. c 139: See RCW 82.34.900.
90.48.150 Construction of chapter. This chapter
shall not be construed as repealing any of the laws governing
the pollution of the waters of the state, but shall be held and
construed as ancillary to and supplementing the same and an
addition to the laws now in force, except as the same may
be in direct conflict herewith. [1945 c 216 § 21; Rem.
Supp. 1945 § 10964u.]
90.48.153 Cooperation with federal government—
Federal funds. The department is authorized to cooperate
with the federal government and to accept grants of federal
funds for carrying out the purposes of this chapter. The
department is empowered to make any application or report
[Title 90 RCW—page 60]
required by an agency of the federal government as an
incident to receiving such grants. [1987 c 109 § 133; 1949
c 58 § 1; Rem. Supp. 1949 § 10964pp. Formerly RCW
90.48.040.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.156 Cooperation with other states and
provinces—Interstate and state-provincial projects. The
department is authorized to cooperate with appropriate
agencies of neighboring states and neighboring provinces, to
enter into contracts, and make contributions toward interstate
and state-provincial projects to carry out the purposes of this
chapter and chapter 90.56 RCW. [1991 c 200 § 1105; 1987
c 109 § 134; 1949 c 58 § 2; Rem. Supp. 1949 § 10964pp-1.
Formerly RCW 90.48.050.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.160 Waste disposal permit—Required—
Exemptions. Any person who conducts a commercial or
industrial operation of any type which results in the disposal
of solid or liquid waste material into the waters of the state,
including commercial or industrial operators discharging
solid or liquid waste material into sewerage systems operated
by municipalities or public entities which discharge into
public waters of the state, shall procure a permit from either
the department or the *thermal power plant site evaluation
council as provided in RCW 90.48.262(2) before disposing
of such waste material: PROVIDED, That this section shall
not apply to any person discharging domestic sewage only
into a sewerage system.
The department may, through the adoption of rules,
eliminate the permit requirements for disposing of wastes
into publicly operated sewerage systems for:
(1) Categories of or individual municipalities or public
corporations operating sewerage systems; or
(2) Any category of waste disposer;
if the department determines such permit requirements are no
longer necessary for the effective implementation of this
chapter. The department may by rule eliminate the permit
requirements for disposing of wastes by upland finfish
rearing facilities unless a permit is required under the federal
clean water act’s national pollutant discharge elimination
system. [1989 c 293 § 2; 1973 c 155 § 3; 1967 c 13 § 13;
1955 c 71 § 1.]
*Reviser’s note: The "thermal power plant site evaluation council"
was redesignated the "energy facility site evaluation council" by 1975-’76
2nd ex.s. c 108.
90.48.162 Waste disposal permits required of
counties, municipalities and public corporations. Any
county or any municipal or public corporation operating or
proposing to operate a sewerage system, including any
system which collects only domestic sewerage, which results
in the disposal of waste material into the waters of the state
shall procure a permit from the department of ecology before
so disposing of such materials. This section is intended to
extend the permit system of RCW 90.48.160 to counties and
municipal or public corporations and the provisions of RCW
(2002 Ed.)
Water Pollution Control
90.48.170 through *90.48.210 and 90.52.040 shall be
applicable to the permit requirement imposed under this
section. [1972 ex.s. c 140 § 1.]
*Reviser’s note: RCW 90.48.210 was repealed by 1987 c 109 § 159.
90.48.165 Waste disposal permits required of
counties, municipalities and public corporations—Cities,
towns or municipal corporations may be granted authority to issue permits—Revocation—Termination of
permits. Any city, town or municipal corporation operating
a sewerage system including treatment facilities may be
granted authority by the department to issue permits for the
discharge of wastes to such system provided the department
ascertains to its satisfaction that the sewerage system and the
inspection and control program operated and conducted by
the city, town or municipal corporation will protect the
public interest in the quality of the state’s waters as provided
for in this chapter. Such authority may be granted by the
department upon application by the city, town or municipal
corporation and may be revoked by the department if it
determines that such city, town, or municipal corporation is
not, thereafter, operated and conducted in a manner to
protect the public interest. Persons holding municipal
permits to discharge into sewerage systems operated by a
municipal corporation authorized by this section to issue
such permits shall not be required to secure a waste discharge permit provided for in RCW 90.48.160 as to the
wastes discharged into such sewerage systems. Authority
granted by the department to cities, towns, or municipal
corporations to issue permits under this section shall be in
addition to any authority or power now or hereafter granted
by law to cities, towns and municipal corporations for the
regulation of discharges into sewerage systems operated by
such cities, towns, or municipal corporations. Permits issued
under this section shall automatically terminate if the
authority to issue the same is revoked by the department.
[1987 c 109 § 135; 1967 c 13 § 14.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.170 Waste disposal permits required of
counties, municipalities and public corporations—
Application—Notice as to new operation or increase in
volume—Investigation—Notice to other state departments. Applications for permits shall be made on forms
prescribed by the department and shall contain the name and
address of the applicant, a description of the applicant’s
operations, the quantity and type of waste material sought to
be disposed of, the proposed method of disposal, and any
other relevant information deemed necessary by the department. Application for permits shall be made at least sixty
days prior to commencement of any proposed discharge or
permit expiration date, whichever is applicable. Upon
receipt of a proper application relating to a new operation,
or an operation previously under permit for which an
increase in volume of wastes or change in character of
effluent is requested over that previously authorized, the
department shall instruct the applicant to publish notices
thereof by such means and within such time as the department shall prescribe. The department shall require that the
notice so prescribed shall be published twice in a newspaper
(2002 Ed.)
90.48.162
of general circulation within the county in which the disposal
of waste material is proposed to be made and in such other
appropriate information media as the department may direct.
Said notice shall include a statement that any person desiring
to present his or her views to the department with regard to
said application may do so in writing to the department, or
any person interested in the department’s action on an
application for a permit, may submit his or her views or
notify the department of his or her interest within thirty days
of the last date of publication of notice. Such notification or
submission of views to the department shall entitle said
persons to a copy of the action taken on the application.
Upon receipt by the department of an application, it shall
immediately send notice thereof containing pertinent information to the director of fish and wildlife and to the secretary of social and health services. When an application
complying with the provisions of this chapter and the rules
and regulations of the department has been filed with the
department, it shall be its duty to investigate the application,
and determine whether the use of public waters for waste
disposal as proposed will pollute the same in violation of the
public policy of the state. [1994 c 264 § 91; 1988 c 36 §
70; 1987 c 109 § 136; 1967 c 13 § 15; 1955 c 71 § 2.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.180 Waste disposal permits required of
counties, municipalities and public corporations—
Issuance—Conditions—Duration. The department shall
issue a permit unless it finds that the disposal of waste
material as proposed in the application will pollute the
waters of the state in violation of the public policy declared
in RCW 90.48.010. The department shall have authority to
specify conditions necessary to avoid such pollution in each
permit under which waste material may be disposed of by
the permittee. Permits may be temporary or permanent but
shall not be valid for more than five years from date of
issuance. [1987 c 109 § 137; 1967 c 13 § 16; 1955 c 71 §
3.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.190 Waste disposal permits required of
counties, municipalities and public corporations—
Termination—Grounds. A permit shall be subject to
termination upon thirty days’ notice in writing if the department finds:
(1) That it was procured by misrepresentation of any
material fact or by lack of full disclosure in the application;
(2) That there has been a violation of the conditions
thereof;
(3) That a material change in quantity or type of waste
disposal exists. [1987 c 109 § 138; 1967 c 13 § 17; 1955 c
71 § 4. (1987 3rd ex.s. c 2 § 43 repealed by 1989 c 2 § 24,
effective March 1, 1989.)]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.195 Waste disposal permits required of
counties, municipalities and public corporations—
Modification or additional conditions may be ordered. In
[Title 90 RCW—page 61]
90.48.195
Title 90 RCW: Water Rights—Environment
the event that a material change in the condition of the state
waters occurs the department may, by appropriate order,
modify permit conditions or specify additional conditions in
permits previously issued. [1987 c 109 § 139; 1967 c 13 §
18.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.200 Waste disposal permits required of
counties, municipalities and public corporations—
Nonaction upon application—Temporary permit—
Duration. In the event of failure of the department to act
upon an application within sixty days after it has been filed
the applicant shall be deemed to have received a temporary
permit. Said permit shall authorize the applicant to discharge wastes into waters of the state as requested in its
application only until such time as the department shall have
taken action upon said application. [1987 c 109 § 140; 1967
c 13 § 19; 1955 c 71 § 5.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.215 Upland finfish facilities—Waste discharge
standards—Waste disposal permit. (1) The following
definition shall apply to this section: "Upland finfish
hatching and rearing facilities" means those facilities not
located within waters of the state where finfish are hatched,
fed, nurtured, held, maintained, or reared to reach the size of
release or for market sale. This shall include fish hatcheries,
rearing ponds, spawning channels, and other similarly
constructed or fabricated public or private facilities.
(2) Not later than September 30, 1989, the department
shall adopt standards pursuant to chapter 34.05 RCW for
waste discharges from upland finfish hatching and rearing
facilities. In establishing these standards, the department
shall incorporate, to the extent applicable, studies conducted
by the United States environmental protection agency on
finfish rearing facilities and other relevant information. The
department shall also issue a general permit as authorized by
the federal clean water act, 33 U.S.C. 1251 et seq., or RCW
90.48.160 by September 30, 1989, for upland finfish hatching and rearing facilities. The department shall approve or
deny applications for coverage under the general permit for
upland finfish hatching and rearing facilities within one
hundred eighty days from the date of application, unless a
longer time is required to satisfy public participation requirements in the permit process in accordance with applicable
rules, or compliance with the requirements of the state
environmental policy act under chapter 43.21C RCW. The
department shall notify applicants for coverage by a general
permit as soon as it determines that a proposed discharge
meets or fails to comply with the standards or general permit
conditions set forth pursuant to this section, or that a time
period longer than one hundred eighty days is necessary to
satisfy public participation requirements or the state environmental policy act. [1989 c 293 § 1.]
90.48.220 Marine finfish rearing facilities—Waste
discharge standards—Discharge permit applications—
Exemption. (1) For the purposes of this section "marine
finfish rearing facilities" means those private and public
[Title 90 RCW—page 62]
facilities located within the salt water of the state where
finfish are fed, nurtured, held, maintained, or reared to reach
the size of release or for market sale.
(2) Not later than October 31, 1994, the department
shall adopt criteria under chapter 34.05 RCW for allowable
sediment impacts from organic enrichment due to marine
finfish rearing facilities.
(3) Not later than June 30, 1995, the department shall
adopt standards under chapter 34.05 RCW for waste discharges from marine finfish rearing facilities. In establishing
these standards, the department shall review and incorporate,
to the extent possible, studies conducted by state and federal
agencies on waste discharges from marine finfish rearing
facilities, and any reports and other materials prepared by
technical committees on waste discharges from marine
finfish rearing facilities. The department shall approve or
deny discharge permit applications for marine finfish rearing
facilities within one hundred eighty days from the date of
application, unless a longer time is required to satisfy public
participation requirements in the permit process in accordance with applicable rules, or compliance with the requirements of the state environmental policy act under chapter
43.21C RCW. The department shall notify applicants as
soon as it determines that a proposed discharge meets or
fails to comply with the standards adopted pursuant to this
section, or if a time period longer than one hundred eighty
days is necessary to satisfy public participation requirements
of the state environmental policy act.
(4) The department may adopt rules to exempt marine
finfish rearing facilities not requiring national pollutant
discharge elimination system permits under the federal water
pollution control act from the discharge permit requirement.
[1993 c 296 § 1.]
90.48.230 Application of administrative procedure
law to rule making and adjudicative proceedings. The
provisions of chapter 34.05 RCW, the Administrative
Procedure Act, apply to all rule making and adjudicative
proceedings authorized by or arising under the provisions of
this chapter. [1989 c 175 § 181; 1967 c 13 § 21.]
Effective date—1989 c 175: See note following RCW 34.05.010.
90.48.240 Water pollution orders for conditions
requiring immediate action—Appeal. Notwithstanding any
other provisions of this chapter or chapter 90.56 RCW,
whenever it appears to the director that water quality
conditions exist which require immediate action to protect
the public health or welfare, or that a person required by
RCW 90.48.160 to obtain a waste discharge permit prior to
discharge is discharging without the same, or that a person
conducting an operation which is subject to a permit issued
pursuant to RCW 90.48.160 conducts the same in violation
of the terms of said permit, causing water quality conditions
to exist which require immediate action to protect the public
health or welfare, the director may issue a written order to
the person or persons responsible without prior notice or
hearing, directing and affording the person or persons
responsible the alternative of either (1) immediately discontinuing or modifying the discharge into the waters of the
state, or (2) appearing before the department at the time and
place specified in said written order for the purpose of
(2002 Ed.)
Water Pollution Control
providing to the department information pertaining to the
violations and conditions alleged in said written order. The
responsible person or persons shall be afforded not less than
twenty-four hours notice of such an information meeting. If
following such a meeting the department determines that
water quality conditions exist which require immediate
action as described herein, the department may issue a
written order requiring immediate discontinuance or modification of the discharge into the waters of the state. In the
event an order is not immediately complied with the attorney
general, upon request of the department, shall seek and
obtain an order of the superior court of the county in which
the violation took place directing compliance with the order
of the department. Such an order is appealable pursuant to
RCW 43.21B.310. [1991 c 200 § 1106; 1987 c 109 § 15;
1967 c 13 § 22.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.250 Agreements or contracts to monitor
waters and effluent discharge. The department is authorized to make agreements and enter into such contracts as
are appropriate to carry out a program of monitoring the
condition of the waters of the state and the effluent discharged therein, including contracts to monitor effluent
discharged into public waters when such monitoring is
required by the terms of a waste discharge permit or as part
of the approval of a sewerage system, if adequate compensation is provided to the department as a term of the contract.
[1987 c 109 § 141; 1967 c 13 § 23.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.260 Federal clean water act—Department
designated as state agency, authority—Powers, duties and
functions. The department of ecology is hereby designated
as the State Water Pollution Control Agency for all purposes
of the federal clean water act as it exists on February 4,
1987, and is hereby authorized to participate fully in the
programs of the act as well as to take all action necessary to
secure to the state the benefits and to meet the requirements
of that act. With regard to the national estuary program
established by section 320 of that act, the department shall
exercise its responsibility jointly with the *Puget Sound
water quality authority. The powers granted herein include,
among others, and notwithstanding any other provisions of
chapter 90.48 RCW or otherwise, the following:
(1) Complete authority to establish and administer a
comprehensive state point source waste discharge or pollution discharge elimination permit program which will enable
the department to qualify for full participation in any
national waste discharge or pollution discharge elimination
permit system and will allow the department to be the sole
agency issuing permits required by such national system
operating in the state of Washington subject to the provisions
of RCW 90.48.262(2). Program elements authorized herein
may include, but are not limited to: (a) Effluent treatment
and limitation requirements together with timing requirements related thereto; (b) applicable receiving water quality
standards requirements; (c) requirements of standards of per(2002 Ed.)
90.48.240
formance for new sources; (d) pretreatment requirements; (e)
termination and modification of permits for cause; (f)
requirements for public notices and opportunities for public
hearings; (g) appropriate relationships with the secretary of
the army in the administration of his responsibilities which
relate to anchorage and navigation, with the administrator of
the environmental protection agency in the performance of
his duties, and with other governmental officials under the
federal clean water act; (h) requirements for inspection,
monitoring, entry, and reporting; (i) enforcement of the
program through penalties, emergency powers, and criminal
sanctions; (j) a continuing planning process; and (k) user
charges.
(2) The power to establish and administer state programs in a manner which will insure the procurement of
moneys, whether in the form of grants, loans, or otherwise;
to assist in the construction, operation, and maintenance of
various water pollution control facilities and works; and the
administering of various state water pollution control
management, regulatory, and enforcement programs.
(3) The power to develop and implement appropriate
programs pertaining to continuing planning processes, areawide waste treatment management plans, and basin planning.
The governor shall have authority to perform those
actions required of him or her by the federal clean water act.
[1988 c 220 § 1; 1983 c 270 § 1; 1979 ex.s. c 267 § 1; 1973
c 155 § 4; 1967 c 13 § 24.]
*Reviser’s note: The Puget Sound water quality authority and its
powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were
terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§
11 and 12. Powers, duties, and functions of the Puget Sound water quality
authority pertaining to cleanup and protection of Puget Sound transferred to
the Puget Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
Severability—1983 c 270: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1983 c 270 § 5.]
90.48.261 Exercise of powers under RCW
90.48.260—Aquatic resource mitigation. When exercising
its powers under RCW 90.48.260, the department shall, at
the request of the project proponent, follow the guidance
contained in RCW 90.74.005 through 90.74.030. [1997 c
424 § 7.]
90.48.262 Implementation of RCW 90.48.260—
Permits for energy facilities—Rules and procedures. (1)
The powers established under RCW 90.48.260 shall be
implemented by the department through the adoption of rules
in every appropriate situation. The permit program authorized under RCW 90.48.260(1) shall constitute a continuation
of the established permit program of RCW 90.48.160 and
other applicable sections within chapter 90.48 RCW. The
appropriate modifications as authorized in *this 1973
amendatory act are designed to avoid duplication and other
wasteful practices and to insure that the state permit program
contains all required elements of and is compatible with the
requirements of any national permit system.
(2) Permits for energy facilities subject to chapter 80.50
RCW shall be issued by the energy facility site evaluation
council: PROVIDED, That such permits shall become
effective only if the governor approves an application for
certification and executes a certification agreement pursuant
[Title 90 RCW—page 63]
90.48.262
Title 90 RCW: Water Rights—Environment
to said chapter. The council shall have all powers necessary
to establish and administer a point source discharge permit
program pertaining to such plants, consistent with applicable
receiving water quality standards established by the department, and to qualify for full participation in any national
waste discharge or pollution discharge elimination permit
system. The council and the department shall each adopt, by
rules, procedures which will provide maximum coordination
and avoid duplication between the two agencies with respect
to permits in carrying out the requirements of *this act
including, but not limited to, monitoring and enforcement of
certification agreements, and in qualifying for full participation in any such national system. [1975-’76 2nd ex.s. c 108
§ 41; 1973 c 155 § 5.]
*Reviser’s note: "This 1973 amendatory act" and "this act"
apparently refer to 1973 c 155, which consists of this section, amendments
to RCW 90.48.010, 90.48.120, 90.48.140, 90.48.144, 90.48.160, and
90.48.260, and the repeal of RCW 90.48.070.
Severability—Effective date—1975-’76 2nd ex.s. c 108: See notes
following RCW 43.21F.010.
90.48.264 Federal clean water act—Rules for on-site
sewage disposal systems adjacent to marine waters. In
implementing this chapter and in participating in programs
under the federal clean water act, the department may
consult with the department of social and health services
concerning standards for repair of existing, failing on-site
sewage disposal systems that are adjacent to marine waters.
By January 1, 1989, the department of social and health
services shall propose rules for adoption by the state board
of health identifying the standards for repair of existing,
failing on-site sewage disposal systems at single-family residences that were legally occupied prior to June 9, 1988, and
that are adjacent to marine waters. The rules may specify
the design, operation and maintenance standards for such
repaired systems so as to ensure protection of the public
health, attainment of state water quality standards and the
protection of shellfish and other public resources. The rules
shall also provide that any proposed discharge to marine
water shall be considered only if on-site sewage disposal
systems are not feasible and that such discharges shall meet
the requirements of this chapter and department of ecology
regulations. The state board of health shall adopt such
proposed rules unless the board finds modification or
rejection of them necessary to protect the public health.
[1988 c 220 § 2.]
90.48.270 Sewage drainage basins—Authority of
department to delineate and establish. The department
shall have authority to delineate and establish sewage
drainage basins in the state for the purpose of developing
and/or adopting comprehensive plans for the control and
abatement of water pollution within such basins. Basins may
include, but are not limited to, rivers and their tributaries,
streams, coastal waters, sounds, bays, lakes, and portions or
combinations thereof, as well as the lands drained thereby.
[1987 c 109 § 142; 1967 c 13 § 26.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Aquifer protection areas: Chapter 36.36 RCW.
[Title 90 RCW—page 64]
90.48.280 Sewage drainage basins—Comprehensive
plans for sewage drainage basins. The department is
authorized to prepare and/or adopt a comprehensive water
pollution control and abatement plan and to make subsequent
amendments thereto, for each basin established pursuant to
RCW 90.48.270. Comprehensive plans for sewage drainage
basins may be prepared by any municipality and submitted
to the department for adoption.
Prior to adopting a comprehensive plan for any basin or
any subsequent amendment thereof the department shall hold
a public hearing thereon. Notice of such hearing shall be
given by registered mail, together with copies of the proposed plan, to each municipality, or other political subdivision, within the basin exercising a sewage disposal function,
at least twenty days prior to the hearing date. Such hearing
may be continued from time to time and, at the termination
thereof, the department may reject the plan proposed or
adopt it with such modifications as it shall deem proper.
Following adoption of a comprehensive plan for any
basin, the department shall require compliance with such
plan by any municipality or person operating or constructing
a sewage collection, treatment or disposal system or plant, or
any improvement to or extension of an existing sewage
collection, treatment or disposal system or plant, within the
basin. [1987 c 109 § 143; 1967 c 13 § 27.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.48.285 Contracts with municipal or public
corporations and political subdivisions to finance water
pollution control projects—Requisites—Priorities. The
department is authorized to enter into contracts with any
municipal or public corporation or political subdivision
within the state for the purpose of assisting such agencies to
finance the construction of water pollution control projects
necessary to prevent the discharge of untreated or inadequately treated sewage or other waste into the waters of the
state, including but not limited to, systems for the control of
storm or surface waters which will provide for the removal
of waste or polluting materials in a manner conforming to
the comprehensive plan of water pollution control and
abatement proposed by the agencies and approved by the
department. Any such contract may provide for:
The payment by the department to a municipal or public
corporation or political subdivision on a monthly, quarterly,
or annual basis of varying amounts of moneys as advances
which shall be repayable by said municipal or public corporation, or political subdivision under conditions determined
by the department.
Contracts made by the department shall be subject to the
following limitations:
(1) No contract shall be made unless the department
shall find that the project cannot be financed at reasonable
cost or within statutory limitations by the borrower without
the making of such contract.
(2) No contract shall be made with any public or
municipal corporation or political subdivision to assist in the
financing of any project located within a sewage drainage
basin for which the department shall have previously adopted
a comprehensive water pollution control and abatement plan
unless the project is found by the department to conform
with the basin comprehensive plan.
(2002 Ed.)
Water Pollution Control
(3) The department shall determine the interest rate, not
to exceed ten percent per annum, which such advances shall
bear.
(4) The department shall provide such reasonable terms
and conditions of repayment of advances as it may determine.
(5) The total outstanding amount which the department
may at any time be obligated to pay under all outstanding
contracts made pursuant to this section shall not exceed the
moneys available for such payment.
(6) Municipal or public corporations or political subdivisions shall meet such qualifications and follow such procedures in applying for contract assistance as shall be established by the department.
In making such contracts the department shall give
priority to projects which will provide relief from actual or
potential public health hazards or water pollution conditions
and which provide substantial capacity beyond present
requirements to meet anticipated future demand. [1987 c
109 § 144; 1980 c 32 § 13; 1969 ex.s. c 141 § 1.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1969 ex.s. c 141: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provisions to other persons or circumstances is not affected." [1969 ex.s. c 141 § 2.]
90.48.290 Grants to municipal or public corporations or political subdivisions to aid water pollution
control projects—Limitations. The department is authorized to make and administer grants within appropriations
authorized by the legislature to any municipal or public
corporation, or political subdivision within the state for the
purpose of aiding in the construction of water pollution
control projects necessary to prevent the discharge of
untreated or inadequately treated sewage or other waste into
the waters of the state including, but not limited to, projects
for the control of storm or surface waters which will provide
for the removal of waste or polluting materials therefrom.
Grants so made by the department shall be subject to
the following limitations:
(1) No grant shall be made in an amount which exceeds
the recipient’s contribution to the estimated cost of the
project: PROVIDED, That the following shall be considered
a part of the recipient’s contribution:
(a) Any grant received by the recipient from the federal
government pursuant to section 8(f) of the Federal Water
Pollution Control Act (33 U.S.C. 466) for the project;
(b) Any expenditure which is made by any municipal or
public corporation, or political subdivision within the state as
a part of a joint effort with the recipient to carry out the
project and which has not been used as a matching contribution for another grant made pursuant to this chapter, and
(c) Any expenditure for the project made by the
recipient out of moneys advanced by the department from a
revolving fund and repayable to said fund.
(2) No grant shall be made for any project which does
not qualify for and receive a grant of federal funds under the
provisions of the Federal Water Pollution Control Act as
now or hereafter amended: PROVIDED, That this restriction shall not apply to state grants made in any biennium
(2002 Ed.)
90.48.285
over and above the amount of such grants required to match
all federal funds allocated to the state for such biennium.
(3) No grant shall be made to any municipal or public
corporation, or political subdivision for any project located
within a drainage basin unless the department shall have
previously adopted a comprehensive water pollution control
and abatement plan and unless the project is found by the
department to conform with such basin comprehensive plan:
PROVIDED, That the requirement for a project to conform
to a comprehensive water pollution control and abatement
plan may be waived by the department for any grant
application filed with the department prior to July 1, 1974,
in those situations where the department finds the public
interest would be served better by approval of any grant
application made prior to adoption of such plan than by its
denial.
(4) Recipients of grants shall meet such qualifications
and follow such procedures in applying for grants as shall be
established by the department.
(5) Grants may be made to reimburse recipients for
expenditures made after July 1, 1967 for projects which meet
the requirements of this section and were commenced after
the recipient had filed a grant application with the department. [1987 c 109 § 145; 1969 ex.s. c 284 § 1; 1967 c 13
§ 28.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Severability—1969 ex.s. c 284: "If any provision of this act, or its
application to any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons or circumstances
is not affected." [1969 ex.s. c 284 § 24.]
90.48.300 Pollution control facilities—Tax exemptions and credits. See chapter 82.34 RCW.
90.48.364 Discharge of oil into waters of the state—
Definitions. For the purposes of this chapter, "technical
feasibility" or "technically feasible" means that given
available technology, a restoration or enhancement project
can be successfully completed at a cost that is not disproportionate to the value of the resource before the injury. [1991
c 200 § 811.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
90.48.366 Discharge of oil into waters of the state—
Compensation schedule. By July 1, 1991, the department,
in consultation with the departments of *fisheries, wildlife,
and natural resources, and the parks and recreation commission, shall adopt rules establishing a compensation schedule
for the discharge of oil in violation of this chapter and chapter 90.56 RCW. The amount of compensation assessed
under this schedule shall be no less than one dollar per
gallon of oil spilled and no greater than fifty dollars per
gallon of oil spilled. The compensation schedule shall
reflect adequate compensation for unquantifiable damages or
for damages not quantifiable at reasonable cost for any
adverse environmental, recreational, aesthetic, or other
effects caused by the spill and shall take into account:
(1) Characteristics of any oil spilled, such as toxicity,
dispersibility, solubility, and persistence, that may affect the
[Title 90 RCW—page 65]
90.48.366
Title 90 RCW: Water Rights—Environment
severity of the effects on the receiving environment, living
organisms, and recreational and aesthetic resources;
(2) The sensitivity of the affected area as determined by
such factors as: (a) The location of the spill; (b) habitat and
living resource sensitivity; (c) seasonal distribution or
sensitivity of living resources; (d) areas of recreational use
or aesthetic importance; (e) the proximity of the spill to
important habitats for birds, aquatic mammals, fish, or to
species listed as threatened or endangered under state or
federal law; (f) significant archaeological resources as
determined by the office of archaeology and historic preservation; and (g) other areas of special ecological or recreational importance, as determined by the department. If the
department has adopted rules for a compensation table prior
to July 1, 1992, the sensitivity of significant archaeological
resources shall only be included among factors to be used in
the compensation table when the department revises the rules
for the compensation table after July 1, 1992; and
(3) Actions taken by the party who spilled oil or any
party liable for the spill that: (a) Demonstrate a recognition
and affirmative acceptance of responsibility for the spill,
such as the immediate removal of oil and the amount of oil
removed from the environment; or (b) enhance or impede the
detection of the spill, the determination of the quantity of oil
spilled, or the extent of damage, including the unauthorized
removal of evidence such as injured fish or wildlife. [1994
sp.s. c 9 § 855; 1992 c 73 § 28; 1991 c 200 § 812; 1989 c
388 § 2.]
(4) Restoration shall include the cost to restock such
waters, replenish or replace such resources, and otherwise
restore the stream, lake, or other waters of the state, including any estuary, ocean area, submerged lands, shoreline,
bank, or other lands adjoining such waters to its condition
before the injury, as such condition is determined by the
department. The lost value of a damaged resource shall be
equal to the sum of consumptive, nonconsumptive, and
indirect use values, as well as lost taxation, leasing, and
licensing revenues. Indirect use values may include existence, bequest, option, and aesthetic values. Damages shall
be determined by generally accepted and cost-effective
procedures, including, but not limited to, contingent valuation method studies.
(5) Compensation assessed under this section shall be
recoverable in an action brought by the attorney general on
behalf of the people of the state of Washington and affected
counties and cities in the superior court of Thurston county
or any county in which damages occurred. Moneys recovered by the attorney general under this section shall be
deposited in the coastal protection fund established under
RCW 90.48.390, and shall only be used for the purposes
stated in RCW 90.48.400.
(6) Compensation assessed under this section shall
preclude claims under this chapter by local governments for
compensation for damages to publicly owned resources
resulting from the same incident. [1991 c 200 § 813; 1989
c 388 § 3.]
*Reviser’s note: Powers, duties, and functions of the department of
fisheries and the department of wildlife were transferred to the department
of fish and wildlife by 1993 sp.s. c 2, effective July 1, 1994.
Severability—Headings and captions not law—Effective date—
1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Intent—Application—Captions—Severability—1989 c 388: See
notes following RCW 90.56.010.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Intent—Application—Captions—Severability—1989 c 388: See
notes following RCW 90.56.010.
90.48.367 Discharge of oil into waters of the state—
Assessment of compensation. (1) After a spill or other
incident causing damages to the natural resources of the
state, the department shall conduct a formal preassessment
screening as provided in RCW 90.48.368.
(2) The department shall use the compensation schedule
established under RCW 90.48.366 to determine the amount
of damages if the preassessment screening committee
determines that: (a) Restoration or enhancement of the
injured resources is not technically feasible; (b) damages are
not quantifiable at a reasonable cost; and (c) the restoration
and enhancement projects or studies proposed by the liable
parties are insufficient to adequately compensate the people
of the state for damages.
(3) If the preassessment screening committee determines
that the compensation schedule should not be used, compensation shall be assessed for the amount of money necessary
to restore any damaged resource to its condition before the
injury, to the extent technically feasible, and compensate for
the lost value incurred during the period between injury and
restoration.
[Title 90 RCW—page 66]
90.48.368 Discharge of oil into waters of the state—
Preassessment screening. (1) The department shall adopt
rules establishing a formal process for preassessment
screening of damages resulting from spills to the waters of
the state causing the death of, or injury to, fish, animals,
vegetation, or other resources of the state. The rules shall
specify the conditions under which the department shall
convene a preassessment screening committee. The
preassessment screening process shall occur concurrently
with reconnaissance activities. The committee shall use
information obtained from reconnaissance activities as well
as any other relevant resource and resource use information.
For each incident, the committee shall determine whether a
damage assessment investigation should be conducted, or,
whether the compensation schedule authorized under RCW
90.48.366 and 90.48.367 should be used to assess damages.
The committee may accept restoration or enhancement
projects or studies proposed by the liable parties in lieu of
some or all of: (a) The compensation schedule authorized
under RCW 90.48.366 and 90.48.367; or (b) the claims from
damage assessment studies authorized under RCW
90.48.142.
(2) A preassessment screening committee may consist
of representatives of the departments of ecology, fish and
wildlife, natural resources, social and health services, and
emergency management, the parks and recreation commission, the office of archaeology and historic preservation, as
well as other federal, state, and local agencies, and tribal and
local governments whose presence would enhance the
(2002 Ed.)
Water Pollution Control
reconnaissance or damage assessment aspects of spill
response. The department shall chair the committee and
determine which representatives will be needed on a spill-byspill basis.
(3) The committee shall consider the following factors
when determining whether a damage assessment study
authorized under RCW 90.48.367 should be conducted: (a)
Whether evidence from reconnaissance investigations
suggests that injury has occurred or is likely to occur to
publicly owned resources; (b) the potential loss in services
provided by resources injured or likely to be injured and the
expected value of the potential loss; (c) whether a restoration
project to return lost services is technically feasible; (d) the
accuracy of damage quantification methods that could be
used and the anticipated cost-effectiveness of applying each
method; (e) the extent to which likely injury to resources can
be verified with available quantification methods; and (f)
whether the injury, once quantified, can be translated into
monetary values with sufficient precision or accuracy.
(4) When a resource damage assessment is required for
an oil spill in the navigable waters of the state, as defined in
RCW 90.56.010, the state trustee agency responsible for the
resource and habitat damaged shall conduct the damage
assessment and pursue all appropriate remedies with the responsible party.
(5) Oil spill damage assessment studies authorized under
RCW 90.48.367 may only be conducted if the committee,
after considering the factors enumerated in subsection (3) of
this section, determines that the damages to be investigated
are quantifiable at a reasonable cost and that proposed
assessment studies are clearly linked to quantification of the
damages incurred.
(6) As new information becomes available, the committee may reevaluate the scope of damage assessment using the
factors listed in subsection (3) of this section and may
reduce or expand the scope of damage assessment as
appropriate.
(7) The preassessment screening process shall provide
for the ongoing involvement of persons who may be liable
for damages resulting from an oil spill. The department may
negotiate with a potentially liable party to perform restoration and enhancement projects or studies which may substitute for all or part of the compensation authorized under
RCW 90.48.366 and 90.48.367 or the damage assessment
studies authorized under RCW 90.48.367.
(8) For the purposes of this section and RCW 90.48.367,
the cost of a damage assessment shall be considered "reasonable" when the anticipated cost of the damage assessment is
expected to be less than the anticipated damage that may
have occurred or may occur. [1994 c 264 § 92; 1992 c 73
§ 29; 1991 c 200 § 814; 1989 c 388 § 4.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Intent—Application—Captions—Severability—1989 c 388: See
notes following RCW 90.56.010.
90.48.386 Department of natural resources leases.
After May 15, 1991, the department of natural resources
shall include in its leases for onshore and offshore facilities
the following provisions:
(2002 Ed.)
90.48.368
(1) Require those wishing to lease, sublease, or re-lease
state-owned aquatic lands to comply with the provisions of
this chapter;
(2) Require lessees and sublessees to operate according
to the plan of operations and to keep the plan current in
compliance with this chapter; and
(3) Include in its leases provisions that a violation by
the lessee or sublessee of the provisions of this chapter may
be grounds for termination of the lease. [1991 c 200 §
1101.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
90.48.390 Coastal protection fund—Established—
Moneys credited to—Use. The coastal protection fund is
established to be used by the department as a revolving fund
for carrying out the purposes of restoration of natural
resources under this chapter and chapter 90.56 RCW. To
this fund there shall be credited penalties, fees, damages,
charges received pursuant to the provisions of this chapter
and chapter 90.56 RCW, compensation for damages received
under this chapter and chapter 90.56 RCW, and an amount
equivalent to one cent per gallon from each marine use
refund claim under RCW 82.36.330.
Moneys in the fund not needed currently to meet the
obligations of the department in the exercise of its powers,
duties, and functions under RCW 90.48.142, 90.48.366,
90.48.367, and 90.48.368 shall be deposited with the state
treasurer to the credit of the fund. [1991 sp.s. c 13 § 84;
1991 c 200 § 815; 1989 c 388 § 7; 1989 c 262 § 3; 1971
ex.s. c 180 § 4.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Intent—Application—Captions—Severability—1989 c 388: See
notes following RCW 90.56.010.
Findings—1989 c 262: See note following RCW 90.48.142.
90.48.400 Coastal protection fund—Disbursal of
moneys from. (1) Moneys in the coastal protection fund
shall be disbursed for the following purposes and no others:
(a) Environmental restoration and enhancement projects
intended to restore or enhance environmental, recreational,
archaeological, or aesthetic resources for the benefit of
Washington’s citizens;
(b) Investigations of the long-term effects of oil spills;
and
(c) Development and implementation of an aquatic land
geographic information system.
(2) The director may allocate a portion of the fund to be
devoted to research and development in the causes, effects,
and removal of pollution caused by the discharge of oil or
other hazardous substances.
(3) A steering committee consisting of representatives
of the departments of ecology, fish and wildlife, and natural
resources, and the parks and recreation commission shall
authorize the expenditure of the moneys collected under
RCW 90.48.366 through 90.48.368, after consulting impacted
local agencies and local and tribal governments.
(4) Agencies may not be reimbursed from the coastal
protection fund for the salaries and benefits of permanent
[Title 90 RCW—page 67]
90.48.400
Title 90 RCW: Water Rights—Environment
employees for routine operational support. Agencies may
only be reimbursed under this section if money for reconnaissance and damage assessment activities is unavailable
from other sources. [1994 c 264 § 93; 1992 c 73 § 30; 1991
c 200 § 816; 1990 c 116 § 14. Prior: 1989 c 388 § 8; 1989
c 262 § 4; 1971 ex.s. c 180 § 5.]
Effective dates—Severability—1992 c 73: See RCW 82.23B.902
and 90.56.905.
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
Intent—Application—Captions—Severability—1989 c 388: See
notes following RCW 90.56.010.
Findings—1989 c 262: See note following RCW 90.48.142.
90.48.420 Water quality standards affected by
forest practices—Department of ecology solely responsible for water quality standards—Forest practices rules—
Adoption—Examination—Enforcement procedures. (1)
The department of ecology, pursuant to powers vested in it
previously by chapter 90.48 RCW and consistent with the
policies of said chapter and RCW 90.54.020(3), shall be
solely responsible for establishing water quality standards for
waters of the state. On or before January 1, 1975, the
department of ecology shall examine existing rules containing water quality standards and other applicable rules of
said department pertaining to waters of the state affected by
nonpoint sources of pollution arising from forest practices
and, when it appears appropriate to the department of
ecology, modify said rules. In any such examination or
modification the department of ecology shall consider such
factors, among others, as uses of the receiving waters,
diffusion, down-stream cooling, and reasonable transient and
short-term effects resulting from forest practices.
Adoption of forest practices rules pertaining to water
quality by the forest practices board shall be accomplished
after reaching agreement with the director of the department
or the director’s designee on the board. Adoption shall be
accomplished so that compliance with such forest practice[s]
rules will achieve compliance with water pollution control
laws.
(2) The department of ecology shall monitor water
quality to determine whether revisions in such water quality
standards or revisions in such forest practices rules are
necessary to accomplish the foregoing result, and either
adopt appropriate revisions to such water quality standards
or propose appropriate revisions to such forest practices rules
or both.
(3) Notwithstanding any other provisions of chapter
90.48 RCW or of the rules adopted thereunder, no permit
system pertaining to nonpoint sources of pollution arising
from forest practices shall be authorized, and no civil or
criminal penalties shall be imposed with respect to any forest
practices conducted in full compliance with the applicable
provisions of RCW 76.09.010 through 76.09.280, forest
practices rules, and any approvals or directives of the
department of natural resources thereunder.
(4) Prior to the department of ecology taking action
under statutes or rules relating to water quality, regarding
violations of water quality standards arising from forest
practices, the department of ecology shall notify the depart[Title 90 RCW—page 68]
ment of natural resources. [1999 sp.s. c 4 § 1101; 1975 1st
ex.s. c 200 § 13; 1974 ex.s. c 137 § 30.]
Part headings not law—1999 sp.s. c 4: See note following RCW
77.85.180.
Effective dates—1974 ex.s. c 137: See RCW 76.09.925.
Severability—1974 ex.s. c 137: See RCW 76.09.935.
Forest practices: Chapter 76.09 RCW.
Right of entry to administer this section: RCW 76.09.160.
90.48.425 Forest practices act and regulations
relating to water quality protection to be utilized to
satisfy federal water pollution act. The forest practices
act, chapter 76.09 RCW, and the forest practices regulations
adopted thereunder relating to water quality protection shall
be utilized to satisfy the planning and program requirements
of sections 208, 209, and 305 of the federal Water Pollution
Control Act, as regards silvicultural activities, unless it is
determined by the department of ecology that extraordinary
conditions exist which make forest practices regulations unsuitable to satisfy such federal requirements. [1975 1st ex.s.
c 200 § 14.]
Provisions of state law pertaining to federal clean water act: RCW
90.48.260, 90.48.262.
90.48.430 Watershed restoration projects—
Approval process—Waiver of public review. A permit,
certification, or other approval required by the department
for a watershed restoration project as defined in RCW
89.08.460 shall be processed in compliance with RCW
89.08.450 through 89.08.510. Public review of proposed
watershed restoration projects may be shortened or waived
by the department. [1995 c 378 § 15.]
90.48.445 Aquatic noxious weed control—Water
quality permits—Definition. (1) The director shall issue or
approve water quality permits for use by federal, state, or
local governmental agencies and licensed applicators for the
purpose of using, for aquatic noxious weed control, herbicides and surfactants registered under state or federal
pesticide control laws, and for the purpose of experimental
use of herbicides on aquatic sites, as defined in 40 C.F.R.
Sec. 172.3. The issuance of the permits shall be subject
only to compliance with: Federal and state pesticide label
requirements, the requirements of the federal insecticide,
fungicide, and rodenticide act, the Washington pesticide
control act, the Washington pesticide application act, and the
state environmental policy act, except that:
(a) When the director issues water quality permits for
the purpose of using glyphosate and surfactants registered by
the department of agriculture to control spartina, as defined
by RCW 17.26.020, the water quality permits shall contain
the following criteria:
(i) Spartina treatment shall occur between June 1st and
October 31st of each year unless the department, the
department of agriculture, and the department of fish and
wildlife agree to add additional dates beyond this period,
except that no aerial application shall be allowed on July 4th
or Labor Day and for ground application on those days the
applicator shall post signs at each corner of the treatment
area;
(2002 Ed.)
Water Pollution Control
(ii) The applicator shall take all reasonable precautions
to prevent the spraying of nontarget vegetation and
nonvegetated areas;
(iii) A period of fourteen days between treatments is
required prior to re-treating the previously treated areas;
(iv) Aerial or ground broadcast application shall not be
made when the wind speed exceeds ten miles per hour; and
(v) An application shall not be made when a tidal
regime leaves the plants dry for less than four hours.
(b) The director shall issue water quality permits for the
purpose of using herbicides or surfactants registered by the
department of agriculture to control aquatic noxious weeds,
other than spartina, and the permit shall state that aerial and
ground broadcast applications may not be made when the
wind speed exceeds ten miles per hour.
(c) The director shall issue water quality permits for the
experimental use of herbicides on aquatic sites, as defined in
40 C.F.R. Sec. 172.3, when the department of agriculture has
issued an experimental use permit, under the authority of
RCW 15.58.405(3). Because of the small geographic areas
involved and the short duration of herbicide application,
water quality permits issued under this subsection are not
subject to state environmental policy act review.
(2) Applicable requirements established in an option or
options recommended for controlling the noxious weed by a
final environmental impact statement published under chapter
43.21C RCW by the department prior to May 5, 1995, by
the department of agriculture, or by the department of
agriculture jointly with other state agencies shall be considered guidelines for the purpose of granting the permits issued
under this chapter. This section may not be construed as
requiring the preparation of a new environmental impact
statement to replace a final environmental impact statement
published before May 5, 1995, but instead shall authorize the
department of agriculture, as lead agency for the control of
spartina under RCW 17.26.015, to supplement, amend, or
issue addenda to the final environmental impact statement
published before May 5, 1995, which may assess the
environmental impact of the application of stronger concentrations of active ingredients, altered application patterns, or
other changes as the department of agriculture deems
appropriate.
(3) The director of ecology may not utilize this permit
authority to otherwise condition or burden weed control
efforts. Except for permits issued by the director under
subsection (1)(c) of this section, permits issued under this
section are effective for five years, unless a shorter duration
is requested by the applicant. The director’s authority to
issue water quality modification permits for activities other
than the application of surfactants and approved herbicides,
to control aquatic noxious weeds or the experimental use of
herbicides used on aquatic sites, as defined in 40 C.F.R. Sec.
172.3, is unaffected by this section.
(4) As used in this section, "aquatic noxious weed"
means an aquatic weed on the state noxious weed list
adopted under RCW 17.10.080. [1999 sp.s. c 11 § 1; 1995
c 255 § 3.]
Effective date—1999 sp.s. c 11: "This act is necessary for the
immediate preservation of the public peace, health, or safety, or support of
the state government and its existing public institutions, and takes effect
immediately [June 7, 1999]." [1999 sp.s. c 11 § 2.]
(2002 Ed.)
90.48.445
Severability—Effective date—1995 c 255: See RCW 17.26.900 and
17.26.901.
90.48.447 Aquatic plant management program—
Commercial herbicide information—Experimental
application of herbicides—Appropriation for study. (1)
The department of ecology shall update the final supplemental environmental impact statement completed in 1992 for
the aquatic plant management program to reflect new information on herbicides evaluated in 1992 and new, commercially available herbicides. The department shall maintain
the currency of the information on herbicides and evaluate
new herbicides as they become commercially available.
(2) For the 1999 treatment season, the department shall
permit by May 15, 1999, municipal experimental application
of herbicides such as hydrothol 191 for algae control in lakes
managed under chapter 90.24 RCW. If experimental use is
determined to be ineffective, then the department shall within
fourteen days consult with other state, federal, and local
agencies and interested parties, and may permit the use of
copper sulfate. The Washington institute for public policy
shall contract for a study on the lake-wide effectiveness of
any herbicide used under this subsection. Prior to issuing
the contract for the study, the institute for public policy shall
determine the parameters of the study in consultation with
licensed applicators who have recent experience treating the
lake and with the nonprofit corporation that participated in
centennial clean water fund phase one lake management
studies for the lake. The parameters must include measurement of the lake-wide effectiveness of the application of
the herbicide in maintaining beneficial uses of the lake,
including any uses designated under state or federal water
quality standards. The effectiveness of the application shall
be determined by objective criteria such as turbidity of the
water, the effectiveness in killing algae, any harm to fish or
wildlife, any risk to human health, or other criteria developed by the institute. The results of the study shall be
reported to the appropriate legislative committees by December 1, 1999. A general fund appropriation in the amount of
$35,000 is provided to the Washington institute for public
policy for fiscal year 1999 for the study required under this
subsection. [1999 c 255 § 2.]
Findings—Purpose—1999 c 255: "The legislature finds that the
environmental, recreational, and aesthetic values of many of the state’s lakes
are threatened by the invasion of nuisance and noxious aquatic weeds.
Once established, these nuisance and noxious aquatic weeds can colonize
the shallow shorelines and other areas of lakes with dense surface vegetation
mats that degrade water quality, pose a threat to swimmers, and restrict use
of lakes. Algae can generate health and safety conditions dangerous to fish,
wildlife, and humans. The current environmental impact statement is
causing difficulty in responding to environmentally damaging weed and
algae problems. Many commercially available herbicides have been
demonstrated to be effective in controlling nuisance and noxious aquatic
weeds and algae and do not pose a risk to the environment or public health.
The purpose of this act is to allow the use of commercially available
herbicides that have been approved by the environmental protection agency
and the department of agriculture and subject to rigorous evaluation by the
department of ecology through an environmental impact statement for the
aquatic plant management program." [1999 c 255 § 1.]
Effective date—1999 c 255: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 10, 1999]." [1999 c 255 § 5.]
[Title 90 RCW—page 69]
90.48.448
Title 90 RCW: Water Rights—Environment
90.48.448 Eurasian water milfoil—Pesticide 2,4-D
application. (1) Subject to restrictions in this section, a
government entity seeking to control a limited infestation of
Eurasian water milfoil may use the pesticide 2,4-D to treat
the milfoil infestation, without obtaining a permit under
RCW 90.48.445, if the milfoil infestation is either recently
documented or remaining after the application of other
control measures, and is limited to twenty percent or less of
the littoral zone of the lake. Any pesticide application made
under this section must be made according to all label
requirements for the product and must meet the public notice
requirements of subsection (2) of this section.
(2) Before applying 2,4-D, the government entity shall:
(a) Provide at least twenty-one days’ notice to the department of ecology, the department of fish and wildlife, the
department of agriculture, the department of health, and all
lake residents; (b) post notices of the intent to apply 2,4-D
at all public access points; and (c) place informational buoys
around the treatment area.
(3) The department of fish and wildlife may impose
timing restrictions on the use of 2,4-D to protect salmon and
other fish and wildlife.
(4) The department may prohibit the use of 2,4-D if the
department finds the product contains dioxin in excess of the
standard allowed by the United States environmental
protection agency. Sampling protocols and analysis used by
the department under this section must be consistent with
those used by the United States environmental protection
agency for testing this product.
(5) Government entities using this section to apply 2,4D may apply for funds from the freshwater aquatic weeds
account consistent with the freshwater aquatic weeds
management program as provided in RCW 43.21A.660.
(6) Government entities using this section shall consider
development of long-term control strategies for eradication
and control of the Eurasian water milfoil.
(7) For the purpose of this section, "government
entities" includes cities, counties, state agencies, tribes,
special purpose districts, and county weed boards. [1999 c
255 § 3.]
Findings—Purpose—Effective date—1999 c 255: See notes
following RCW 90.48.447.
90.48.450 Discharges from agricultural activity—
Consideration to be given as to whether enforcement
action would contribute to conversion of land to nonagricultural use—Minimize the possibility. (1) Prior to issuing
a notice of violation related to discharges from agricultural
activity on agricultural land, the department shall consider
whether an enforcement action would contribute to the
conversion of agricultural land to nonagricultural uses. Any
enforcement action shall attempt to minimize the possibility
of such conversion.
(2) As used in this section:
(a) "Agricultural activity" means the growing, raising,
or production of horticultural or viticultural crops, berries,
poultry, livestock, grain, mint, hay and dairy products.
(b) "Agricultural land" means at least five acres of land
devoted primarily to the commercial production of livestock
or agricultural commodities. [1981 c 297 § 31.]
Legislative finding, intent—1981 c 297: See note following RCW
70.94.640.
[Title 90 RCW—page 70]
Severability—1981 c 297: See note following RCW 15.36.201.
90.48.455 Discharge of chlorinated organics—
Engineering reports by pulp and paper mills—Permits
limiting discharge. (1) The department may require each
pulp mill and paper mill discharging chlorinated organics to
conduct and submit an engineering report on the cost of
installing technology designed to reduce the amount of
chlorinated organic compounds discharged into the waters of
the state. The department shall allow at least twenty-four
months from June 11, 1992, for each pulp mill and each
paper mill to submit an engineering report.
(2) The department may not issue a permit establishing
limits to the discharge of chlorinated organic compounds by
a pulp mill or a paper mill under RCW 90.48.160 or
90.48.260 until at least nine months after receiving an
engineering report from a kraft mill and at least fifteen
months after receiving an engineering report from a sulfite
mill.
(3) Nothing in this section shall apply to dioxin
compounds. [1992 c 201 § 1.]
90.48.465 Water discharge fees. (1) The department
shall establish annual fees to collect expenses for issuing and
administering each class of permits under RCW 90.48.160,
90.48.162, and 90.48.260. An initial fee schedule shall be
established by rule and be adjusted no more often than once
every two years. This fee schedule shall apply to all
permits, regardless of date of issuance, and fees shall be
assessed prospectively. All fees charged shall be based on
factors relating to the complexity of permit issuance and
compliance and may be based on pollutant loading and
toxicity and be designed to encourage recycling and the
reduction of the quantity of pollutants. Fees shall be
established in amounts to fully recover and not to exceed
expenses incurred by the department in processing permit
applications and modifications, monitoring and evaluating
compliance with permits, conducting inspections, securing
laboratory analysis of samples taken during inspections,
reviewing plans and documents directly related to operations
of permittees, overseeing performance of delegated pretreatment programs, and supporting the overhead expenses that
are directly related to these activities.
(2) The annual fee paid by a municipality, as defined in
33 U.S.C. Sec. 1362, for all domestic wastewater facility
permits issued under RCW 90.48.162 and 90.48.260 shall
not exceed the total of a maximum of fifteen cents per
month per residence or residential equivalent contributing to
the municipality’s wastewater system.
(3) The department shall ensure that indirect dischargers
do not pay twice for the administrative expense of a permit.
Accordingly, administrative expenses for permits issued by
a municipality under RCW 90.48.165 are not recoverable by
the department.
(4) In establishing fees, the department shall consider
the economic impact of fees on small dischargers and the
economic impact of fees on public entities required to obtain
permits for storm water runoff and shall provide appropriate
adjustments.
(5) The fee for an individual permit issued for a dairy
farm as defined under chapter 90.64 RCW shall be fifty
(2002 Ed.)
Water Pollution Control
cents per animal unit up to one thousand two hundred
fourteen dollars for fiscal year 1999. The fee for a general
permit issued for a dairy farm as defined under chapter
90.64 RCW shall be fifty cents per animal unit up to eight
hundred fifty dollars for fiscal year 1999. Thereafter, these
fees may rise in accordance with the fiscal growth factor as
provided in chapter 43.135 RCW.
(6) The fee for a general permit or an individual permit
developed solely as a result of the federal court of appeals
decision in Headwaters, Inc. v. Talent Irrigation District,
243 F.3rd 526 (9th Cir. 2001) is limited, until June 30, 2003,
to a maximum of three hundred dollars. Such a permit is
required only, and as long as, the interpretation of this court
decision is not overturned or modified by future court
rulings, administrative rule making, or clarification of scope
by the United States environmental protection agency or
legislative action. In such a case the department shall take
appropriate action to rescind or modify these permits.
(7) All fees collected under this section shall be deposited in the water quality permit account hereby created in the
state treasury. Moneys in the account may be appropriated
only for purposes of administering permits under RCW
90.48.160, 90.48.162, and 90.48.260.
(8) The department shall present a biennial progress
report on the use of moneys from the account to the legislature. The report will be due December 31st of odd-numbered years. The report shall consist of information on fees
collected, actual expenses incurred, and anticipated expenses
for the current and following fiscal years. [2002 c 361 § 2;
1998 c 262 § 16; 1997 c 398 § 2; 1996 c 37 § 3; 1992 c 174
§ 17; 1991 c 307 § 1; 1989 c 2 § 13 (Initiative Measure No.
97, approved November 8, 1988).]
Findings—Intent—2002 c 361: "The legislature finds that the recent
federal court of appeals decision in Headwaters, Inc. v. Talent Irrigation
District, 243 F.3rd 526 (9th Cir. 2001) imposes a duty to obtain a national
pollutant discharge elimination system permit under the clean water act for
the application of pesticides to irrigation canals. This duty is also extended
to other individuals and organizations that apply pesticides to other waters,
where no duty existed before the Talent decision.
The legislature finds that the costs associated with the issuance of the
national pollutant discharge elimination system permit now required by the
department of ecology as a result of the federal decision is burdensome to
the affected individuals and organizations. The legislature intends to
temporarily reduce the burden of the federal decision on those individuals
and organizations." [2002 c 361 § 1.]
Effective date—2002 c 361: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[April 4, 2002]." [2002 c 361 § 3.]
Effective date—1998 c 262: See RCW 90.64.900.
Short title—Captions—Construction—Existing agreements—
Effective date—Severability—1989 c 2: See RCW 70.105D.900 through
70.105D.921, respectively.
90.48.480 Reduction of sewer overflows—Plans—
Compliance schedule. The department of ecology shall
work with local governments to develop reasonable plans
and compliance schedules for the greatest reasonable
reduction of combined sewer overflows. The plan shall
address various options, including construction of storage
tanks for sewage and separation of sewage and stormwater
transport systems. The compliance schedule shall be
designed to achieve the greatest reasonable reduction of
combined sewer overflows at the earliest possible date. The
(2002 Ed.)
90.48.465
plans and compliance schedules shall be completed by
January 1, 1988. A compliance schedule will be a condition
of any waste discharge permit issued or renewed after
January 1, 1988. [1998 c 245 § 174; 1985 c 249 § 2.]
90.48.490 Sewage treatment facilities—Plans to
upgrade or construct. Plans for upgrading sewage treatment facilities and plans for new sewage treatment facilities
shall address the greatest reasonable reduction of combined
sewer overflows and implementation of pretreatment standards. [1985 c 249 § 3.]
90.48.495 Water conservation measures to be
considered in sewer plans. The department of ecology
shall require sewer plans to include a discussion of water
conservation measures considered or underway and their
anticipated impact on public sewer service. [1989 c 348 §
10.]
Severability—1989 c 348: See note following RCW 90.54.020.
Rights not impaired—1989 c 348: See RCW 90.54.920.
90.48.500 Pollution Disclosure Act of 1971. See
chapter 90.52 RCW.
90.48.520 Review of operations before issuance or
renewal of wastewater discharge permits—Incorporation
of permit conditions. In order to improve water quality by
controlling toxicants in wastewater, the department of ecology shall in issuing and renewing state and federal
wastewater discharge permits review the applicant’s operations and incorporate permit conditions which require all
known, available, and reasonable methods to control
toxicants in the applicant’s wastewater. Such conditions may
include, but are not limited to: (1) Limits on the discharge
of specific chemicals, and (2) limits on the overall toxicity
of the effluent. The toxicity of the effluent shall be determined by techniques such as chronic or acute bioassays.
Such conditions shall be required regardless of the quality of
receiving water and regardless of the minimum water quality
standards. In no event shall the discharge of toxicants be
allowed that would violate any water quality standard,
including toxicant standards, sediment criteria, and dilution
zone criteria. [1987 c 500 § 1.]
90.48.900 Severability—1945 c 216. Should any
section or provision of this act be held invalid by any court
of competent jurisdiction, the same shall not affect the
validity of the act as a whole or any part thereof other than
that portion so held to be invalid. [1945 c 216 § 23.]
90.48.901 Severability—1967 c 13. If any provision
of this 1967 amendatory act or its application to any person
or circumstance is held invalid the remainder of the act or
the application of the provision to other persons or circumstances is not affected. [1967 c 13 § 30.]
90.48.902 Severability—1970 ex.s. c 88. If any
provision of this 1970 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
[Title 90 RCW—page 71]
90.48.902
Title 90 RCW: Water Rights—Environment
the act, or the application of the provision to other persons
or circumstances is not affected. [1970 ex.s. c 88 § 15.]
90.48.903 Severability—1971 ex.s. c 180. If any
provision of this 1971 amendatory act, or its application to
any person or circumstance is held invalid, the remainder of
the act, or the application of the provision to other persons
or circumstances is not affected. [1971 ex.s. c 180 § 12.]
90.48.904 Severability—1989 c 262. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 262 § 6.]
90.48.906 Short title—1971 ex.s. c 180. This 1971
amendatory act may be cited as the "Coastal Waters Protection Act of 1971". [1971 ex.s. c 180 § 13.]
Chapter 90.50
WATER POLLUTION CONTROL
FACILITIES—BONDS
Sections
90.50.010
90.50.020
90.50.030
90.50.040
Bond issue—Authorized.
Grants to public bodies authorized.
Bond proceeds—Administration.
Water pollution control facilities bond redemption fund—
Bonds payable from sales tax revenues—Remedies of
bondholders.
90.50.050 Legislature may provide additional means for bond payment.
90.50.060 Bonds legal investment for state and municipal corporation
funds.
90.50.080 Definitions.
90.50.900 Referral of act to electorate.
Tax exemptions and credits: Chapter 82.34 RCW.
90.50.010 Bond issue—Authorized. For the purpose
of providing state matching funds to assist public bodies in
the construction and improvement of water pollution control
facilities the state finance committee is hereby authorized to
issue general obligation bonds of the state of Washington in
the sum of twenty-five million dollars to be paid and discharged within twenty years of the date of issuance.
The state finance committee is authorized to prescribe
the form of such bonds, the maximum rate of interest the
same shall bear, and the time of sale of all or any portion or
portions of such bonds, and the conditions of sale and
issuance thereof: PROVIDED, That none of the bonds
herein authorized shall be sold for less than the par value
thereof.
The bonds shall pledge the full faith and credit of the
state of Washington and contain an unconditional promise to
pay the interest and principal when due. The committee
may provide that the bonds, or any of them, may be called
prior to the due date thereof under such terms and conditions
as it may determine. The state finance committee may
authorize the use of facsimile signatures in the issuance of
the bonds. [1970 ex.s. c 67 § 1; 1969 ex.s. c 232 § 63;
1967 c 106 § 1.]
Referral of act to electorate, when—1970 ex.s. c 67: "In the event
all of the bonds authorized by RCW 90.50.010 through 90.50.080 and
[Title 90 RCW—page 72]
90.50.900, have not been issued on or before September 2, 1970, then this
1970 amendatory act shall be submitted to the people for their adoption and
ratification, or rejection, at the general election to be held in this state on the
Tuesday next succeeding the first Monday in November, 1970, in accordance with the provisions of section 3, Article VIII of the state Constitution;
and in accordance with the provisions of section 1, Article II of the state
Constitution as amended, and the laws adopted to facilitate the operation
thereof." [1970 ex.s. c 67 § 2.]
Effective, when—1970 ex.s. c 67: "Section 1 of this 1970 amendatory act shall not become effective unless this act is adopted and ratified at
the referendum election provided for in section 2 of this 1970 amendatory
act." [1970 ex.s. c 67 § 3.]
Adoption—Ratification—1970 ex.s. c 67: The amendment to RCW
90.50.010 by 1970 ex.s. c 67 was adopted and ratified by the people at the
November 3, 1970 general election (Referendum Bill No. 23).
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
90.50.020 Grants to public bodies authorized. The
department of ecology is authorized to make and administer
grants to any public bodies for the purpose of aiding in the
construction and improvement of water pollution control
facilities in conjunction with federal grants authorized
pursuant to the Federal Water Pollution Control Act. [1987
c 109 § 154; 1967 c 106 § 2.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.50.030 Bond proceeds—Administration. The
proceeds from the sale of the bonds authorized herein,
together with all grants, donations, transferred funds and all
other moneys which the state finance committee may direct
shall be administered by the department of ecology under the
authority granted by RCW 90.50.020. [1987 c 109 § 155;
1980 c 32 § 14; 1967 c 106 § 3.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
Effective date—Transfer of moneys—1980 c 32 § 14: "Section 14
of this act shall take effect on September 1, 1981. Any moneys held on that
date in the account disestablished by section 14 of this act shall be
transferred to the water pollution control facilities bond redemption fund."
[1980 c 32 § 15.]
90.50.040 Water pollution control facilities bond
redemption fund—Bonds payable from sales tax revenues—Remedies of bondholders. The water pollution
control facilities bond redemption fund is hereby created in
the state treasury, which fund shall be exclusively devoted to
the payment of interest on and retirement of the bonds
authorized by this chapter. The state finance committee
shall, on or before June 30th of each year, certify to the state
treasurer the amount needed in the ensuing twelve months to
meet bond retirement and interest requirements and on July
1st of each year the state treasurer shall deposit such amount
in said water pollution control facilities redemption fund
from moneys transmitted to the state treasurer by the
department of revenue and certified by the department of
revenue to be sales tax collections and such amount certified
by the state finance committee to the state treasurer shall be
a prior charge against all retail sales tax revenues of the state
of Washington, except that portion thereof heretofore
pledged for the payment of bond principal and interest.
The owner and holder of each of said bonds or the
trustee for any of the bonds may by mandamus or other
(2002 Ed.)
Water Pollution Control Facilities—Bonds
appropriate proceeding require and compel the transfer and
payment of funds as directed herein. [1975 1st ex.s. c 278
§ 214; 1967 c 106 § 4.]
Construction—Severability—1975 1st ex.s. c 278: See notes
following RCW 11.08.160.
90.50.050 Legislature may provide additional means
for bond payment. The legislature may provide additional
means for raising moneys for the payment of the interest and
principal of the bonds authorized herein and this shall not be
deemed to provide an exclusive method for such payment.
[1967 c 106 § 5.]
90.50.060 Bonds legal investment for state and
municipal corporation funds. The bonds herein authorized
shall be a legal investment for all state funds or for funds
under state control and all funds of municipal corporations.
[1967 c 106 § 6.]
90.50.080 Definitions. For the purposes of this
chapter the terms:
(1) "Water pollution control facilities" means the various
devices used in the treatment of sewage or industrial wastes
of a liquid nature, including the necessary intercepting
sewers, outfall sewers, pumping, power, and other equipment, and their appurtenances, and includes any extensions,
improvements, remodeling, additions, and alterations thereof;
(2) "Public bodies" means municipal or public corporations, counties, or departments or agencies of state government. [1967 c 106 § 8.]
90.50.900 Referral of act to electorate. This act
shall be submitted to the people for their adoption and
ratification, or rejection, at the next general election to be
held in this state in accordance with the provisions of section
3, Article VIII of the state Constitution; and in accordance
with the provisions of section 1, Article II of the state
Constitution as amended, and the laws adopted to facilitate
the operation thereof. [1967 c 106 § 9.]
Reviser’s note: Chapter 90.50 RCW was adopted and ratified by the
people at the November 5, 1968, general election (Referendum Bill No. 17).
Governor’s proclamation declaring approval of measure is dated December
5, 1968. State Constitution Art. 2 § 1(d) provides: ". . . Such measure
[initiatives and referendums] shall be in operation on and after the thirtieth
day after the election at which it is approved. . ."
Chapter 90.50A
WATER POLLUTION CONTROL FACILITIES—
FEDERAL CAPITALIZATION GRANTS
Sections
90.50A.005
90.50A.010
90.50A.020
90.50A.030
90.50A.040
90.50A.050
90.50A.060
90.50A.070
90.50A.900
(2002 Ed.)
Purpose.
Definitions.
Water pollution control revolving fund.
Use of moneys in fund.
Administration of fund.
Loans from fund—Requirements for recipients.
Defaults.
Establishment of policies for loan terms and interest rates.
Severability—1988 c 284.
90.50.040
90.50A.005 Purpose. The long-range health and
environmental goals for the state of Washington require the
protection of the state’s surface and underground waters for
the health, safety, use, enjoyment, and economic benefit of
its people. It is the purpose of this chapter to provide an
account to receive federal capitalization grants to provide
financial assistance to the state and to local governments for
the planning, design, acquisition, construction, and improvement of water pollution control facilities and related activities in the achievement of state and federal water pollution
control requirements for the protection of the state’s waters.
[1988 c 284 § 1.]
90.50A.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Eligible cost" means the cost of that portion of a
water pollution control facility or activity that can be
financed under this chapter.
(3) "Fund" means the water pollution control revolving
fund in the custody of the state treasurer.
(4) "Water pollution control facility" or "water pollution
control facilities" means any facilities or systems owned or
operated by a public body for the control, collection, storage,
treatment, disposal, or recycling of wastewater, including but
not limited to sanitary sewage, storm water, combined sewer
overflows, residential, commercial, industrial, and agricultural wastes, which are causing water quality degradation due
to concentrations of conventional, nonconventional, or toxic
pollutants. Water pollution control facilities include all
equipment, utilities, structures, real property, and interests in
and improvements on real property necessary for or incidental to such purpose. Water pollution control facilities also
include such facilities, equipment, and collection systems as
are necessary to protect federally designated sole source
aquifers.
(5) "Water pollution control activities" means actions
taken by a public body for the following purposes: (a) To
control nonpoint sources of water pollution; (b) to develop
and implement a comprehensive management plan for
estuaries; and (c) to maintain or improve water quality
through the use of water pollution control facilities or other
means.
(6) "Public body" means the state of Washington or any
agency, county, city or town, other political subdivision,
municipal corporation or quasi-municipal corporation, and
those Indian tribes now or hereafter recognized as such by
the federal government.
(7) "Water pollution" means such contamination, or
other alteration of the physical, chemical, or biological
properties of any waters of the state, including change in
temperature, taste, color, turbidity, or odor of the waters, or
such discharge of any liquid, gaseous, solid, radioactive, or
other substance into any waters of the state as will or is
likely to create a nuisance or render such waters harmful,
detrimental, or injurious to the public health, safety, or
welfare, or to domestic, commercial, industrial, agricultural,
recreational, or other legitimate beneficial uses, or to
livestock, wild animals, birds, fish, or other aquatic life.
[Title 90 RCW—page 73]
90.50A.010
Title 90 RCW: Water Rights—Environment
(8) "Nonpoint source water pollution" means pollution
that enters any waters of the state from any dispersed waterbased or land-use activities, including, but not limited to,
atmospheric deposition, surface water runoff from agricultural lands, urban areas, and forest lands, subsurface or
underground sources, and discharges from boats or other
marine vessels.
(9) "Federal capitalization grants" means grants from the
federal government provided by the water quality act of
1987 (P.L. 100-4). [1988 c 284 § 2.]
90.50A.020 Water pollution control revolving fund.
(1) The water pollution control revolving fund is hereby
established in the state treasury. Moneys in this fund may
be spent only after legislative appropriation. Moneys in the
fund may be spent only in a manner consistent with this
chapter.
(2) The water pollution control revolving fund shall
consist of:
(a) All capitalization grants provided by the federal
government under the federal water quality act of 1987;
(b) All state matching funds appropriated or authorized
by the legislature;
(c) Any other revenues derived from gifts or bequests
pledged to the state for the purpose of providing financial
assistance for water pollution control projects;
(d) All repayments of moneys borrowed from the fund;
(e) All interest payments made by borrowers from the
fund;
(f) Any other fee or charge levied in conjunction with
administration of the fund; and
(g) Any new funds as a result of leveraging.
(3) The state treasurer may invest and reinvest moneys
in the water pollution control revolving fund in the manner
provided by law. All earnings from such investment and
reinvestment shall be credited to the water pollution control
revolving fund. [1993 c 329 § 1; 1992 c 235 § 9; 1991 sp.s.
c 13 § 102; 1988 c 284 § 3.]
Effective date—1993 c 329: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and shall take effect
immediately [May 12, 1993]." [1993 c 329 § 3.]
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
90.50A.030 Use of moneys in fund. The department
of ecology shall use the moneys in the water pollution
control revolving fund to provide financial assistance as
provided in the water quality act of 1987:
(1) To make loans, on the condition that:
(a) Such loans are made at or below market interest
rates, including interest free loans, at terms not to exceed
twenty years;
(b) Annual principal and interest payments will commence not later than one year after completion of any project
and all loans will be fully amortized not later then twenty
years after project completion;
(c) The recipient of a loan will establish a dedicated
source of revenue for repayment of loans; and
(d) The fund will be credited with all payments of
principal and interest on all loans.
(2) Loans may be made for the following purposes:
[Title 90 RCW—page 74]
(a) To public bodies for the construction or replacement
of water pollution control facilities as defined in section 212
of the federal water quality act of 1987;
(b) For the implementation of a management program
established under section 319 of the federal water quality act
of 1987 relating to the management of nonpoint sources of
pollution, subject to the requirements of that act; and
(c) For development and implementation of a conservation and management plan under section 320 of the federal
water quality act of 1987 relating to the national estuary
program, subject to the requirements of that act.
(3) The department may also use the moneys in the fund
for the following purposes:
(a) To buy or refinance the water pollution control
facilities’ debt obligations of public bodies at or below
market rates, if such debt was incurred after March 7, 1985;
(b) To guarantee, or purchase insurance for, public body
obligations for water pollution control facility construction
or replacement or activities if the guarantee or insurance
would improve credit market access or reduce interest rates,
or to provide loans to a public body for this purpose;
(c) As a source of revenue or security for the payment
of principal and interest on revenue or general obligation
bonds issued by the state if the proceeds of the sale of such
bonds will be deposited in the fund;
(d) To earn interest on fund accounts; and
(e) To pay the expenses of the department in administering the water pollution control revolving fund according to
administrative reserves authorized by federal and state law.
(4) Beginning with the biennium ending June 30, 1997,
the department shall present a biennial progress report on the
use of moneys from the account to the chairs of the senate
committee on ways and means and the house of representatives committee on appropriations. The first report is due
June 30, 1996, and the report for each succeeding biennium
is due December 31 of the odd-numbered year. The report
shall consist of a list of each recipient, project description,
and amount of the grant, loan, or both.
(5) The department may not use the moneys in the
water pollution control revolving fund for grants. [1996 c 37
§ 4; 1988 c 284 § 4.]
90.50A.040 Administration of fund. Moneys
deposited in the water pollution control revolving fund shall
be administered by the department of ecology. In administering the fund, the department shall:
(1) Allocate funds for loans in accordance with the
annual project priority list in accordance with section 212 of
the federal water pollution control act as amended in 1987,
and allocate funds under sections 319 and 320 according to
the provisions of that act;
(2) Use accounting, audit, and fiscal procedures that
conform to generally accepted government accounting
standards;
(3) Prepare any reports required by the federal government as a condition to awarding federal capitalization grants;
(4) Adopt by rule any procedures or standards necessary
to carry out the provisions of this chapter;
(5) Enter into agreements with the federal environmental
protection agency;
(2002 Ed.)
Water Pollution Control Facilities—Federal Capitalization Grants
(6) Cooperate with local, substate regional, and interstate entities regarding state assessment reports and state
management programs related to the nonpoint source
management programs as noted in section 319(c) of the
federal water pollution control act amendments of 1987 and
estuary programs developed under section 320 of that act;
and
(7) Comply with provisions of the water quality act of
1987. [1988 c 284 § 5.]
90.50A.050 Loans from fund—Requirements for
recipients. Any public body receiving a loan from the fund
shall:
(1) Appear on the annual project priority list to be
identified for funding under section 212 of the federal water
pollution control act amendments of 1987 or be eligible
under sections 319 and 320 of that act;
(2) Submit an application to the department;
(3) Establish and maintain a dedicated source of revenue
or other acceptable source of revenue for the repayment of
the loan; and
(4) Demonstrate to the satisfaction of the department
that it has sufficient legal authority to incur the debt for
which it is applying. [1988 c 284 § 6.]
90.50A.060 Defaults. If a public body defaults on
payments due to the fund, the state may withhold any
amounts otherwise due to the public body and direct that
such funds be applied to the indebtedness and deposited into
the account. [1988 c 284 § 7.]
90.50A.070 Establishment of policies for loan terms
and interest rates. The department shall establish by rule
policies for establishing loan terms and interest rates for
loans made from the fund that assure that the objectives of
this chapter are met and that adequate funds are maintained
in the fund to meet future needs. [1988 c 284 § 8.]
90.50A.040
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions
of an environmental excellence program agreement, entered
into under chapter 43.21K RCW. [1997 c 381 § 27.]
Purpose—1997 c 381: See RCW 43.21K.005.
90.52.010 Annual reports required—Contents—
Critical materials designated. Every person conducting a
commercial or industrial operation within this state who
discharges wastes, other than sanitary sewage, into waters of
the state or into any sewer system which discharges into
waters of the state, and every person conducting a commercial or industrial operation within the state who discharges
wastes into the air of the state, shall file, annually, during
the month of January, reports, on forms provided by the
department of ecology, setting forth:
(1) The nature of the enterprise;
(2) A list of materials used in, and incidental to, its
manufacturing processes, including by-products and waste
products;
(3) The estimated annual total gallons or pounds (or
other appropriate measurement) of wastes, including, but not
limited to, process and cooling water to be discharged into
the water or air, or into any sewer system.
The list of materials provided for in subsection (2)
hereof shall relate to all materials designated by the director
of the department of ecology, after consultation with a
committee on [of] environmental specialists of not less than
five appointed by the director, as critical materials which
have substantial potential to adversely affect the quality of
waters or environment of the state, or the uses made thereof,
if allowed to enter the same. Formal designation shall be
adopted by the director as a rule and filed in a "critical
materials" registry of the department of ecology. "Person"
as used herein means an individual partnership, firm,
corporation, association or other entity. [1971 ex.s. c 160 §
1.]
90.50A.900 Severability—1988 c 284. If any
provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the
application of the provision to other persons or circumstances is not affected. [1988 c 284 § 14.]
90.52.020 Confidentiality as to manufacturing
processes. The department of ecology shall provide proper
and adequate procedures to safeguard the confidentiality of
manufacturing processes: PROVIDED, That the confidentiality shall not extend to waste products discharged into the
waters or air of the state. [1971 ex.s. c 160 § 2.]
Chapter 90.52
POLLUTION DISCLOSURE ACT OF 1971
90.52.030 Operation subject to injunction, when—
Civil penalties. Operation of an industrial or commercial
operation in violation of RCW 90.52.010 may be enjoined
on petition of the attorney general to the superior court of
Thurston county or of the county in which the operation is
located.
Operation of an industrial or commercial operation in
violation of this chapter shall provide the basis of a civil
penalty under RCW 90.48.144 or 70.94.431 as now or are
hereafter amended. No person may discharge wastes into
the waters or air of the state who fails to satisfy the requirements of RCW 90.52.010 and 90.52.040. [1971 ex.s. c 160
§ 3.]
Sections
90.52.005
90.52.010
90.52.020
90.52.030
90.52.040
90.52.900
Environmental excellence program agreements—Effect on
chapter.
Annual reports required—Contents—Critical materials designated.
Confidentiality as to manufacturing processes.
Operation subject to injunction, when—Civil penalties.
Wastes to be provided with available methods of treatment
prior to discharge into waters of the state.
Short title.
90.52.005 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any other
provision of law, any legal requirement under this chapter,
(2002 Ed.)
90.52.040 Wastes to be provided with available
methods of treatment prior to discharge into waters of
[Title 90 RCW—page 75]
90.52.040
Title 90 RCW: Water Rights—Environment
the state. Except as provided in RCW 90.54.020(3)(b), in
the administration of the provisions of chapter 90.48 RCW,
the director of the department of ecology shall, regardless of
the quality of the water of the state to which wastes are
discharged or proposed for discharge, and regardless of the
minimum water quality standards established by the director
for said waters, require wastes to be provided with all
known, available, and reasonable methods of treatment prior
to their discharge or entry into waters of the state. [1987 c
399 § 1; 1971 ex.s. c 160 § 4.]
90.52.900 Short title. This act shall be known and
may be cited as the Pollution Disclosure Act of 1971. [1971
ex.s. c 160 § 5.]
Chapter 90.54
WATER RESOURCES ACT OF 1971
Sections
90.54.005
90.54.010
90.54.020
Findings—Objectives—2002 c 329.
Purpose.
General declaration of fundamentals for utilization and management of waters of the state.
90.54.030 Water and related resources—Department to be advised—
Water resources data program.
90.54.035 State funding of water resource programs—Priorities.
90.54.040 Comprehensive state water resources program—Modifying
existing and adopting new regulations and statutes.
90.54.045 Water resource planning—Pilot process—Report to the
legislature.
90.54.050 Setting aside or withdrawing waters—Rules—Consultation
with legislative committees—Public hearing, notice—
Review.
90.54.060 Department to seek involvement of other persons and entities, means—Assistance grants.
90.54.080 State to vigorously represent its interests before federal
agencies, interstate agencies.
90.54.090 State, local governments, municipal corporations to comply
with chapter.
90.54.100 Department to evaluate needs for projects and alternative
methods of financing.
90.54.110 Authority to secure and obtain benefits, including grants.
90.54.120 "Department," "utilize," and "utilization" defined.
90.54.130 Land use management policy modifications—Advisory recommendations.
90.54.140 Protection of ground water aquifers if sole drinking water
source.
90.54.150 Water supply projects—Cooperation with other agencies—
Scope of participation.
90.54.160 Department to report on dam safety.
90.54.170 Electric generation facility—Evaluation of application to
appropriate water.
90.54.180 Water use efficiency and conservation programs and practices.
90.54.800 Policy guidelines.
90.54.900 Certain rights, authority, not to be affected by chapter.
90.54.910 Short title.
90.54.920 Rights not impaired.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
90.54.005 Findings—Objectives—2002 c 329. The
legislature recognizes the critical importance of providing
and securing sufficient water to meet the needs of people,
farms, and fish. The legislature finds that an effective way
to meet the water needs of people, farms, and fish is through
strategies developed and implemented at the local watershed
level. The objectives of these strategies are to supply water
[Title 90 RCW—page 76]
in sufficient quantities to satisfy the following three water
resource objectives:
(1) Providing sufficient water for residential, commercial, and industrial needs;
(2) Providing sufficient water for productive fish
populations; and
(3) Providing sufficient water for productive agriculture.
The legislature affirms its intent to provide continued
support for watershed strategies and provides the tools in
chapter 329, Laws of 2002 to assist local watersheds in
meeting these objectives. [2002 c 329 § 1.]
90.54.010 Purpose. (1) The legislature finds that:
(a) Proper utilization of the water resources of this state
is necessary to the promotion of public health and the
economic well-being of the state and the preservation of its
natural resources and aesthetic values. Although water is a
renewable resource, its supply and availability are becoming
increasingly limited, particularly during summer and fall
months and dry years when demand is greatest. Growth and
prosperity have significantly increased the competition for
this limited resource. Adequate water supplies are essential
to meet the needs of the state’s growing population and
economy. At the same time instream resources and values
must be preserved and protected so that future generations
can continue to enjoy them.
(b) All citizens of Washington share an interest in the
proper stewardship of our invaluable water resources. To
ensure that available water supplies are managed to best
meet both instream and offstream needs, a comprehensive
planning process is essential. The people of the state have
the unique opportunity to work together to plan and manage
our water. Through a comprehensive planning process that
includes the state, Indian tribes, local governments, and
interested parties, it is possible to make better use of
available water supplies and achieve better management of
water resources. Through comprehensive planning, conflicts
among water users and interests can be reduced or resolved.
It is in the best interests of the state that comprehensive
water resource planning be given a high priority so that
water resources and associated values can be utilized and
enjoyed today and protected for tomorrow.
(c) Diverse hydrologic, climatic, cultural, and socioeconomic conditions exist throughout the regions of the state.
Water resource issues vary significantly across regions.
Comprehensive water resource planning is best accomplished
through a regional planning process sensitive to the unique
characteristics and issues of each region.
(d) Comprehensive water resource planning must
provide interested parties adequate opportunity to participate.
Water resource issues are best addressed through cooperation
and coordination among the state, Indian tribes, local
governments, and interested parties.
(e) The long-term needs of the state require ongoing
assessment of water availability, use, and demand. A
thorough inventory of available resources is essential to
water resource management. Current state water resource
data and data management is inadequate to meet changing
needs and respond to competing water demands. Therefore,
a state water resource data program is needed to support an
effective water resource management program. Efforts
(2002 Ed.)
Water Resources Act of 1971
should be made to coordinate and consolidate into one resource data system all relevant information developed by the
department of ecology and other agencies relating to the use,
protection, and management of the state’s water resources.
(2) It is the purpose of this chapter to set forth fundamentals of water resource policy for the state to insure that
waters of the state are protected and fully utilized for the
greatest benefit to the people of the state of Washington and,
in relation thereto, to provide direction to the department of
ecology, other state agencies and officials, and local government in carrying out water and related resources programs.
It is the intent of the legislature to work closely with the
executive branch, Indian tribes, local government, and
interested parties to ensure that water resources of the state
are wisely managed. [1990 c 295 § 1; 1971 ex.s. c 225 § 1.]
90.54.020 General declaration of fundamentals for
utilization and management of waters of the state.
Utilization and management of the waters of the state shall
be guided by the following general declaration of fundamentals:
(1) Uses of water for domestic, stock watering, industrial, commercial, agricultural, irrigation, hydroelectric power
production, mining, fish and wildlife maintenance and
enhancement, recreational, and thermal power production
purposes, and preservation of environmental and aesthetic
values, and all other uses compatible with the enjoyment of
the public waters of the state, are declared to be beneficial.
(2) Allocation of waters among potential uses and users
shall be based generally on the securing of the maximum net
benefits for the people of the state. Maximum net benefits
shall constitute total benefits less costs including opportunities lost.
(3) The quality of the natural environment shall be
protected and, where possible, enhanced as follows:
(a) Perennial rivers and streams of the state shall be retained with base flows necessary to provide for preservation
of wildlife, fish, scenic, aesthetic and other environmental
values, and navigational values. Lakes and ponds shall be
retained substantially in their natural condition. Withdrawals
of water which would conflict therewith shall be authorized
only in those situations where it is clear that overriding
considerations of the public interest will be served.
(b) Waters of the state shall be of high quality. Regardless of the quality of the waters of the state, all wastes and
other materials and substances proposed for entry into said
waters shall be provided with all known, available, and
reasonable methods of treatment prior to entry. Notwithstanding that standards of quality established for the waters
of the state would not be violated, wastes and other materials
and substances shall not be allowed to enter such waters
which will reduce the existing quality thereof, except in
those situations where it is clear that overriding considerations of the public interest will be served. Technologybased effluent limitations or standards for discharges for
municipal water treatment plants located on the Chehalis,
Columbia, Cowlitz, Lewis, or Skagit river shall be adjusted
to reflect credit for substances removed from the plant intake
water if:
(2002 Ed.)
90.54.010
(i) The municipality demonstrates that the intake water
is drawn from the same body of water into which the
discharge is made; and
(ii) The municipality demonstrates that no violation of
receiving water quality standards or appreciable environmental degradation will result.
(4) The development of multipurpose water storage
facilities shall be a high priority for programs of water
allocation, planning, management, and efficiency. The
department, other state agencies, local governments, and
planning units formed under *section 107 or 108 of this act
shall evaluate the potential for the development of new
storage projects and the benefits and effects of storage in
reducing damage to stream banks and property, increasing
the use of land, providing water for municipal, industrial,
agricultural, power generation, and other beneficial uses, and
improving stream flow regimes for fisheries and other
instream uses.
(5) Adequate and safe supplies of water shall be
preserved and protected in potable condition to satisfy
human domestic needs.
(6) Multiple-purpose impoundment structures are to be
preferred over single-purpose structures. Due regard shall be
given to means and methods for protection of fishery
resources in the planning for and construction of water
impoundment structures and other artificial obstructions.
(7) Federal, state, and local governments, individuals,
corporations, groups and other entities shall be encouraged
to carry out practices of conservation as they relate to the
use of the waters of the state. In addition to traditional
development approaches, improved water use efficiency and
conservation shall be emphasized in the management of the
state’s water resources and in some cases will be a potential
new source of water with which to meet future needs
throughout the state.
(8) Development of water supply systems, whether
publicly or privately owned, which provide water to the
public generally in regional areas within the state shall be
encouraged. Development of water supply systems for
multiple domestic use which will not serve the public
generally shall be discouraged where water supplies are
available from water systems serving the public.
(9) Full recognition shall be given in the administration
of water allocation and use programs to the natural interrelationships of surface and ground waters.
(10) Expressions of the public interest will be sought at
all stages of water planning and allocation discussions.
(11) Water management programs, including but not
limited to, water quality, flood control, drainage, erosion
control and storm runoff are deemed to be in the public
interest. [1997 c 442 § 201; 1989 c 348 § 1; 1987 c 399 §
2; 1971 ex.s. c 225 § 2.]
*Reviser’s note: Sections 107 and 108 of this act were vetoed by
governor.
Part headings not law—Severability—1997 c 442: See RCW
90.82.900 and 90.82.901.
Severability—1989 c 348: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 348 § 13.]
Rights not impaired—1989 c 348: See RCW 90.54.920.
[Title 90 RCW—page 77]
90.54.030
Title 90 RCW: Water Rights—Environment
90.54.030 Water and related resources—
Department to be advised—Water resources data program. For the purpose of ensuring that the department is
fully advised in relation to the performance of the water
resources program provided in RCW 90.54.040, the department is directed to become informed with regard to all
phases of water and related resources of the state. To
accomplish this objective the department shall:
(1) Develop a comprehensive water resource data
program that provides the information necessary for effective
planning and management on a regional and statewide basis.
The data program shall include an information management
plan describing the data requirements for effective water
resource planning, and a system for collecting and providing
access to water resource data on a regional and statewide
basis;
(2) Collect, organize and catalog existing information
and studies available to it from all sources, both public and
private, pertaining to water and related resources of the state;
(3) Develop such additional data and studies pertaining
to water and related resources as are necessary to accomplish
the objectives of this chapter; and
(4) Develop alternate courses of action to solve existing
and foreseeable problems of water and related resources and
include therein, to the extent feasible, the economic and
social consequences of each such course, and the impact on
the natural environment.
All the foregoing shall be included in a "water resources
information system" established and maintained by the
department. The department shall develop a system of
cataloging, storing and retrieving the information and studies
of the information system so that they may be made readily
available to and effectively used not only by the department
but by the public generally. [1997 c 32 § 1; 1990 c 295 §
2; 1988 c 47 § 4; 1971 ex.s. c 225 § 3.]
Application—Severability—1988 c 47: See notes following RCW
43.83B.300.
90.54.035 State funding of water resource programs—Priorities. (1) State funding of water resource,
supply, and quality related capital programs, both current and
future, shall, to the maximum extent possible within state or
federal legal requirements, be directed to assist in the
resolution of current conflicts and implementation of regional
water resource plans with priority given to current needs
over new requirements.
(2) Consistent with RCW 90.54.180, priority shall be
given, to the maximum extent possible within state or federal
legal requirements, to those water conservation projects
funded by the state that will result in the greatest net water
savings. [1991 c 347 § 3.]
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
90.54.040 Comprehensive state water resources
program—Modifying existing and adopting new regulations and statutes. (1) The department, through the
adoption of appropriate rules, is directed, as a matter of high
priority to insure that the waters of the state are utilized for
the best interests of the people, to develop and implement in
accordance with the policies of this chapter a comprehensive
[Title 90 RCW—page 78]
state water resources program which will provide a process
for making decisions on future water resource allocation and
use. The department may develop the program in segments
so that immediate attention may be given to waters of a
given physioeconomic region of the state or to specific
critical problems of water allocation and use.
(2) In relation to the management and regulatory
programs relating to water resources vested in it, the
department is further directed to modify existing regulations
and adopt new regulations, when needed and possible, to
insure that existing regulatory programs are in accord with
the water resource policy of this chapter and the program
established in subsection (1) of this section.
(3) The department is directed to review all statutes
relating to water resources which it is responsible for
implementing. When any of the same appear to the department to be ambiguous, unclear, unworkable, unnecessary, or
otherwise deficient, it shall make recommendations to the
legislature including appropriate proposals for statutory
modifications or additions. Whenever it appears that the
policies of any such statutes are in conflict with the policies
of this chapter, and the department is unable to fully perform
as provided in subsection (2) of this section, the department
is directed to submit statutory modifications to the legislature
which, if enacted, would allow the department to carry out
such statutes in harmony with this chapter. [1997 c 32 § 2;
1988 c 47 § 5; 1971 ex.s. c 225 § 4.]
Application—Severability—1988 c 47: See notes following RCW
43.83B.300.
90.54.045 Water resource planning—Pilot process—
Report to the legislature. (1) In the development and
implementation of the comprehensive state water resources
program required in RCW 90.54.040(1), the process described therein shall involve participation of appropriate state
agencies, Indian tribes, local governments, and interested
parties, and shall be applied on a regional basis pursuant to
subsection (2) of this section.
(2) Prior to July 1, 1991, the department, with advice
from appropriate state agencies, Indian tribes, local government, and interested parties, shall identify regions and
establish regional boundaries for water resource planning and
shall designate two regions in which the process shall be
initiated on a pilot basis. One region shall encompass an
area within the Puget Sound basin in which critical water
resource issues exist. A concurrent pilot process may
encompass a region east of the Cascade mountains.
(3) The department shall report to the chairs of the
appropriate legislative committees prior to July 1st each year
summarizing the progress of the pilot process in the two
regions. The pilot process in each region shall be completed
and shall produce a regional water plan by December 31,
1993.
(4) Appropriate state agencies, Indian tribes, local
governments, and interested parties in regions not selected
for the pilot program are strongly encouraged to commence
water resource planning within their regions. [1991 c 347 §
4; 1990 c 295 § 3.]
Effective date—1991 c 347 § 4: "Section 4 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect July 1, 1991." [1991 c 347 § 28.]
(2002 Ed.)
Water Resources Act of 1971
Purposes—1991 c 347: See note following RCW 90.42.005.
Severability—1991 c 347: See RCW 90.42.900.
90.54.050 Setting aside or withdrawing waters—
Rules—Consultation with legislative committees—Public
hearing, notice—Review. In conjunction with the programs
provided for in RCW 90.54.040(1), whenever it appears
necessary to the director in carrying out the policy of this
chapter, the department may by rule adopted pursuant to
chapter 34.05 RCW:
(1) Reserve and set aside waters for beneficial utilization in the future, and
(2) When sufficient information and data are lacking to
allow for the making of sound decisions, withdraw various
waters of the state from additional appropriations until such
data and information are available. Before proposing the
adoption of rules to withdraw waters of the state from additional appropriation, the department shall consult with the
standing committees of the house of representatives and the
senate having jurisdiction over water resource management
issues.
Prior to the adoption of a rule under this section, the department shall conduct a public hearing in each county in
which waters relating to the rule are located. The public
hearing shall be preceded by a notice placed in a newspaper
of general circulation published within each of said counties.
Rules adopted hereunder shall be subject to review in accordance with the provisions of RCW 34.05.240. [1997 c
439 § 2; 1997 c 32 § 3; 1988 c 47 § 7; 1971 ex.s. c 225 §
5.]
Reviser’s note: This section was amended by 1997 c 32 § 3 and by
1997 c 439 § 2, each without reference to the other. Both amendments are
incorporated in the publication of this section under RCW 1.12.025(2). For
rule of construction, see RCW 1.12.025(1).
WAC 173-563-015—Validity—1997 c 439: "WAC 173-563-015 as
it existed prior to July 27, 1997, is void." [1997 c 439 § 1.]
Application—Severability—1988 c 47: See notes following RCW
43.83B.300.
90.54.060 Department to seek involvement of other
persons and entities, means—Assistance grants. To insure
that all of the various persons and entities having an interest
in the water resources of the state and the programs of the
chapter are provided with a full opportunity for involvement
not only with the development of the program but the
implementation by the department under this chapter, the
following directions are given:
(1) The department shall make reasonable efforts to
inform the people of the state about the state’s water and
related resources and their management. The department in
the performance of the responsibilities provided in this
chapter shall not only invite but actively encourage participation by all persons and private groups and entities showing
an interest in water resources programs of this chapter.
(2) The department shall similarly invite and encourage
participation by all agencies of federal, state and local
government, including counties, municipal and public
corporations, having interests or responsibilities relating to
water resources. Said state and local agencies are directed
to fully participate to insure that their interests are considered by the department. The department shall, when funds
are made available to it for such purposes, provide assistance
(2002 Ed.)
90.54.045
grants to said state and local agencies for the purposes of
financing activities directed to be performed by them under
this subsection. [1971 ex.s. c 225 § 6.]
90.54.080 State to vigorously represent its interests
before federal agencies, interstate agencies. The state
shall vigorously represent its interest before water resource
regulation, management, development, and use agencies of
the United States, including among others the federal power
commission, environmental protection agency, army corps of
engineers, department of the interior, department of agriculture and the atomic energy commission, and of interstate
agencies with regard to planning, licensing, relicensing, permit proposals, and proposed construction, development and
utilization plans. Where federal or interstate agency plans,
activities, or procedures conflict with state water policies, all
reasonable steps available shall be taken by the state to
preserve the integrity of this state’s policies. [1971 ex.s. c
225 § 8.]
90.54.090 State, local governments, municipal
corporations to comply with chapter. All agencies of state
and local government, including counties and municipal and
public corporations, shall, whenever possible, carry out
powers vested in them in manners which are consistent with
the provisions of this chapter. [1987 c 505 § 82; 1977 c 75
§ 95; 1971 ex.s. c 225 § 10.]
90.54.100 Department to evaluate needs for projects
and alternative methods of financing. The department of
ecology shall as a matter of high priority evaluate the needs
for water resource development projects and the alternative
methods of financing of the same by public and private
agencies, including financing by federal, state and local
governments and combinations thereof. Such evaluations
shall be broadly based and be included as a part of the
comprehensive state water resources program relating to uses
and management as defined in RCW 90.54.030. [1997 c 32
§ 5; 1971 ex.s. c 225 § 11.]
90.54.110 Authority to secure and obtain benefits,
including grants. The department of ecology is authorized
to obtain the benefits including acceptance of grants, of any
program of the federal government or any other source to
carry out the provisions of this chapter and is empowered to
take such actions as are necessary and appropriate to secure
such benefits. [1971 ex.s. c 225 § 12.]
90.54.120 "Department," "utilize," and "utilization" defined. For the purposes of this chapter, unless the
context is clearly to the contrary, the following definitions
shall be used:
(1) "Department" means department of ecology.
(2) "Utilize" or "utilization" shall not only mean use of
water for such long recognized consumptive or
nonconsumptive beneficial purposes as domestic, stock
watering, industrial, commercial, agricultural, irrigation,
hydroelectric power production, thermal power production,
mining, recreational, maintenance of wildlife and fishlife
purposes, but includes the retention of water in lakes and
streams for the protection of environmental, scenic, aesthetic
[Title 90 RCW—page 79]
90.54.120
Title 90 RCW: Water Rights—Environment
and related purposes, upon which economic values have not
been placed historically and are difficult to quantify. [1971
ex.s. c 225 § 13.]
90.54.130 Land use management policy modifications—Advisory recommendations. The department of
ecology may recommend land use management policy
modifications it finds appropriate for the further protection
of ground and surface water resources in this state. Such
advisory recommendations may be made to other state
regulatory agencies, local governments, water systems, and
other appropriate bodies. [1984 c 253 § 4.]
90.54.140 Protection of ground water aquifers if
sole drinking water source. The legislature hereby declares
that the protection of ground water aquifers which are the
sole drinking water source for a given jurisdiction shall be
of the uppermost priority of the state department of ecology,
department of social and health services, and all local
government agencies with jurisdiction over such areas. In
administration of programs related to the disposal of wastes
and other practices which may impact such water quality, the
department of ecology, department of social and health
services, and such affected local agencies shall explore all
possible measures for the protection of the aquifer, including
any appropriate incentives, penalties, or other measures
designed to bring about practices which provide for the least
impact on the quality of the ground water. [1984 c 253 § 5.]
90.54.150 Water supply projects—Cooperation with
other agencies—Scope of participation. When feasible,
the department of ecology shall cooperate with the United
States and other public entities, including Indian tribes, in
the planning, development, and operation of comprehensive
water supply projects designed primarily to resolve controversies and conflicts over water use by increasing water
quantity and improving water quality within a stream or river
system, or other bodies of water, as well as to enhance
opportunities for both instream and diversionary water uses
within the system, and, in relation thereto, the department
may:
(1) Participate with the federal government and other
public entities in the planning, development, operation, and
management of various phases of water projects hereafter
authorized by congress;
(2) Provide rights to the use of public waters under the
state’s surface and ground water codes for these projects
when the waters are available for allocation; and
(3) Provide financial assistance through grants and loans
for projects when moneys are made available to the department for this assistance by other provisions of this code.
[1979 ex.s. c 216 § 9.]
Effective date—Severability—1979 ex.s. c 216: See notes following
RCW 90.03.245.
90.54.160 Department to report on dam safety. The
department of ecology shall report to the legislature on the
last working day of December of 1984, 1985, and 1986, and
thereafter as deemed appropriate by the department, on dam
facilities that exhibit safety deficiencies sufficient to pose a
significant threat to the safety of life and property. The
[Title 90 RCW—page 80]
report shall identify the owner or owners of such facilities,
detail the owner’s ability and attitude towards correcting
such deficiencies, and provide an estimate of the cost of
correcting the deficiencies if a study has been completed.
[1984 c 83 § 1.]
90.54.170 Electric generation facility—Evaluation
of application to appropriate water. In addition to other
requirements of this chapter, when the proposed water
resource development project involves a new water supply
combined with an electric generation facility where such
electricity generated may be sold to an entity authorized by
law to distribute electricity, the department shall evaluate and
utilize, in connection with any application to appropriate
water pursuant to the water code, chapter 90.03 RCW,
sufficient information furnished by the project applicant
regarding the need for the project, alternative means of
serving the purposes of the project, the cumulative effects of
the project and similar projects that are built, under construction or permitted in the relevant river basin or basins, the
impact, if any, on flood control plans and an estimate of the
impact, if any, of the sale of the project’s electricity on the
rates of utility customers of the Bonneville power administration. Such information shall be furnished at the project
applicant’s own cost and expense. [1985 c 444 § 6.]
Intent—Construction—Severability—1985 c 444: See notes
following RCW 35.92.010.
90.54.180 Water use efficiency and conservation
programs and practices. Consistent with the fundamentals
of water resource policy set forth in this chapter, state and
local governments, individuals, corporations, groups and
other entities shall be encouraged to carry out water use
efficiency and conservation programs and practices consistent with the following:
(1) Water efficiency and conservation programs should
utilize an appropriate mix of economic incentives, cost share
programs, regulatory programs, and technical and public
information efforts. Programs which encourage voluntary
participation are preferred.
(2) Increased water use efficiency should receive
consideration as a potential source of water in state and local
water resource planning processes. In determining the costeffectiveness of alternative water sources, consideration
should be given to the benefits of conservation, waste water
recycling, and impoundment of waters.
(3) In determining the cost-effectiveness of alternative
water sources, full consideration should be given to the
benefits of storage which can reduce the damage to stream
banks and property, increase the utilization of land, provide
water for municipal, industrial, agricultural, and other
beneficial uses, provide for the generation of electric power
from renewable resources, and improve stream flow regimes
for fishery and other instream uses.
(4) Entities receiving state financial assistance for
construction of water source expansion or acquisition of new
sources shall develop, and implement if cost-effective, a
water use efficiency and conservation element of a water
supply plan pursuant to RCW 43.20.230(1).
(5) State programs to improve water use efficiency
should focus on those areas of the state in which water is
(2002 Ed.)
Water Resources Act of 1971
overappropriated; areas that experience diminished
streamflows or aquifer levels; and areas where projected
water needs, including those for instream flows, exceed
available supplies.
(6) Existing and future generations of citizens of the
state of Washington should be made aware of the importance
of the state’s water resources and the need for wise and
efficient use and development of this vital resource. In order
to increase this awareness, state agencies should integrate
public education on increasing water use efficiency into
existing public information efforts. This effort shall be
coordinated with other levels of government, including local
governments and Indian tribes. [1989 c 348 § 5.]
Severability—1989 c 348: See note following RCW 90.54.020.
90.54.800 Policy guidelines. Future development of
hydropower and protection of river-related resources shall be
guided by policies and programs which:
(1) Create opportunities for balanced development of
cost-effective and environmentally sound hydropower
projects by a range of development interests;
(2) Protect significant values associated with the state’s
rivers, including fish and wildlife populations and habitats,
water quality and quantity, unique physical and botanical
features, archeological sites, and scenic and recreational
resources;
(3) Protect the interests of the citizens of the state
regarding river-related economic development, municipal
water supply, supply of electric energy, flood control,
recreational opportunity, and environmental integrity;
(4) Fully utilize the state’s authority in the federal
hydropower licensing process. [1989 c 159 § 3.]
Legislative findings—1989 c 159: "The legislature finds that the task
force on hydroelectric development and resource protection has recommended that:
(1) The state adopt goals to direct future development of hydropower
and protection of river-related resources;
(2) The state take steps to enhance the existing hydropower permit
review process; and
(3) The state develop, in concert with appropriate interests, a
comprehensive state hydropower plan." [1989 c 159 § 1.]
Hydro task force—1989 c 159: "(1) The Washington state energy
office shall contract with an independent facilitator to reconvene and
coordinate the task force assembled to implement section 301, chapter 7,
Laws of 1987 1st ex. sess. The task force shall prepare by March 31, 1991,
a state comprehensive hydropower plan to serve the broad public interest
regarding development of cost-effective electricity and conservation of riverrelated environmental values. Task force meetings shall be open to the
public. The facilitator shall assist the task force in appropriate efforts to
inform the general public regarding project concepts and progress. Task
force members shall make appropriate efforts to inform the interest groups
they represent.
(2) By December 15, 1989, the task force shall engage in a midpoint
review whereby participants can jointly appraise the progress of the project.
If, in the opinion of the participants, a consensus to continue as a task force
cannot be achieved, the executive agencies shall use their existing statutory
authority to develop a plan, with the assistance of all affected parties and
participating agencies, building upon the work that has been done by the
task force.
(3) If the task force continues beyond December 15, 1989, it shall by
July 1, 1990, recommend to the legislature a lead agency for implementation
and management of the state comprehensive hydropower plan." [1989 c
159 § 2.]
Plan content—1989 c 159: "(1) At a minimum, the plan shall
designate two categories of resource agreement areas: (a) Sensitive areas
where hydropower development is likely to conflict with significant
environmental values, and (b) less sensitive areas where development will
(2002 Ed.)
90.54.180
not conflict with or may enhance environmental values. Some areas may
remain unclassified due to lack of information or if they fall between the
two categories. The plan shall integrate resource agreement area findings
with existing state laws and programs including instream flow basin plans
prepared by the department of ecology, watershed planning coordinated by
the department of fisheries, watershed planning coordinated through the
Puget Sound water quality authority, watershed planning for municipal
water supply, the scenic rivers program administered by the parks and
recreation commission, and the planning process developed through the joint
select committee on water resources policy and any actions resulting from
that process.
(2) At a minimum, the final plan report shall:
(a) List applicable laws, rules, and policies;
(b) Describe the waterways or basins covered by the plan;
(c) Designate the categories of resource agreement area for each
waterway or basin;
(d) Describe, for each waterway where hydropower is to be affected,
the significant resources that cause the waterway or basin to be so
designated;
(e) Identify goals, objectives, and recommendations for improving,
developing, or conserving affected waterways;
(f) Describe how the plan is to be integrated with other planning
activities and policy initiatives and how the plan will be implemented and
amended;
(g) Assess the anticipated effect of the plan on hydropower development and resource protection; and
(h) Describe the plan development process." [1989 c 159 § 4.]
90.54.900 Certain rights, authority, not to be
affected by chapter. Nothing in this chapter shall affect
any existing water rights, riparian, appropriative, or otherwise; nor shall it affect existing rights relating to the
operation of any hydroelectric or water storage reservoir or
related facility; nor shall it affect any exploratory work,
construction or operation of a thermal power plant by an
electric utility in accordance with the provisions of chapter
80.50 RCW. Nothing in this chapter shall enlarge or reduce
the department of ecology’s authority to regulate the surface
use of waters of this state or structures on the underlying
beds, tidelands or shorelands. [1971 ex.s. c 225 § 9.]
90.54.910 Short title. This chapter shall be known
and may be cited as the "Water Resources Act of 1971".
[1971 ex.s. c 225 § 14.]
90.54.920 Rights not impaired. (1) Nothing in this
act shall affect or operate to impair any existing water rights.
(2) Nothing in this act shall be used to prevent future
storage options, recognizing that storage may be necessary
as a method of conserving water to meet both instream and
out-of-stream needs.
(3) Nothing in this act shall infringe upon the ratemaking prerogatives of any public water purveyor.
(4) Nothing in this act shall preclude the joint select
committee on water resource policy from reviewing any
subject matter contained herein for any future modifications.
[1989 c 348 § 3.]
Severability—1989 c 348: See note following RCW 90.54.020.
[Title 90 RCW—page 81]
Chapter 90.56
Title 90 RCW: Water Rights—Environment
Chapter 90.56
OIL AND HAZARDOUS SUBSTANCE SPILL
PREVENTION AND RESPONSE
Sections
90.56.005
90.56.010
90.56.020
90.56.030
90.56.040
90.56.050
90.56.060
Findings.
Definitions.
Director responsible for spill response.
Powers and duties.
Authority supplemental.
Rules.
Statewide master oil and hazardous substance spill prevention and contingency plan.
90.56.070 Coordination with federal law.
90.56.080 Hazardous substances incident response training and education program.
90.56.100 Washington wildlife rescue coalition.
90.56.110 Rehabilitation of wildlife—Rules.
90.56.200 Prevention plans.
90.56.210 Contingency plans.
90.56.220 Facility operation standards.
90.56.230 Operations manuals.
90.56.240 Standards for cleanup and containment services contractors.
90.56.250 Index of prevention plans and contingency plans—
Equipment inventory.
90.56.260 Adequacy of contingency plans—Practice drills—Report.
90.56.270 Enforcement of contingency plans.
90.56.280 Duty to notify coast guard and division of emergency management of discharge.
90.56.300 Unlawful operation of facility—Criminal penalties.
90.56.310 Operation of a facility or vessel without contingency or
prevention plan or financial responsibility—Civil penalty.
90.56.320 Unlawful for oil to enter waters—Exceptions.
90.56.330 Additional penalties.
90.56.340 Duty to remove oil.
90.56.350 Investigation, removal, containment, treatment, or dispersal
of oil and hazardous substances—Record of expenses.
90.56.360 Liability for expenses.
90.56.370 Strict liability of owner or controller of oil—Exceptions.
90.56.380 Liability of others for cleanup expenses.
90.56.390 Liability for removal costs.
90.56.400 Department investigation of circumstances of entry of oil—
Order for reimbursement of expenses—Modification—
Action to recover necessary expenses.
90.56.410 Right of entry and access to records pertinent to investigations.
90.56.420 Authorized discharges of oil—Permits.
90.56.500 Oil spill response account.
90.56.510 Oil spill prevention account.
90.56.530 Reckless operation of a tank vessel—Penalty.
90.56.540 Operation of a vessel while under influence of liquor or
drugs—Penalty.
90.56.550 Breath or blood analysis.
90.56.560 Limited immunity for blood withdrawal.
90.56.900 Construction—Appeal not to stay order, rule, or regulation.
90.56.901 Effective dates—1991 c 200.
90.56.902 Captions not law.
90.56.904 Severability—1991 c 200.
90.56.905 Severability—1992 c 73.
Environmental certification programs—Fees—Rules—Liability: RCW
43.21A.175.
90.56.005 Findings. (1) The legislature declares that
the increasing reliance on water borne transportation as a
source of supply for oil and hazardous substances poses
special concern for the state of Washington. Each year
billions of gallons of crude oil and refined petroleum
products are transported by vessel on the navigable waters of
the state. These shipments are expected to increase in the
coming years. Vessels transporting oil into Washington
travel on some of the most unique and special marine
[Title 90 RCW—page 82]
environments in the United States. These marine environments are a source of natural beauty, recreation, and economic livelihood for many residents of this state. As a
result, the state has an obligation to assure the citizens of the
state that the waters of the state will be protected from oil
spills.
(2) The legislature finds that prevention is the best
method to protect the unique and special marine environments in this state. The technology for containing and
cleaning up a spill of oil or hazardous substances is in the
early stages of development. Preventing spills is more
protective of the environment and more cost-effective when
all the costs associated with responding to a spill are considered.
(3) The legislature also finds that:
(a) Recent accidents in Washington, Alaska, southern
California, Texas, and other parts of the nation have shown
that the transportation, transfer, and storage of oil have
caused significant damage to the marine environment;
(b) Even with the best efforts, it is nearly impossible to
remove all oil that is spilled into the water;
(c) Washington’s navigable waters are treasured environmental and economic resources that the state cannot
afford to place at undue risk from an oil spill; and
(d) The state has a fundamental responsibility, as the
trustee of the state’s natural resources and the protector of
public health and the environment to prevent the spill of oil.
(4) In order to establish a comprehensive prevention and
response program to protect Washington’s waters and natural
resources from spills of oil, it is the purpose of this chapter:
(a) To establish state agency expertise in marine safety
and to centralize state activities in spill prevention and
response activities;
(b) To prevent spills of oil and to promote programs
that reduce the risk of both catastrophic and small chronic
spills;
(c) To ensure that responsible parties are liable, and
have the resources and ability, to respond to spills and
provide compensation for all costs and damages;
(d) To provide for state spill response and wildlife
rescue planning and implementation;
(e) To support and complement the federal oil pollution
act of 1990 and other federal law, especially those provisions
relating to the national contingency plan for cleanup of oil
spills and discharges, including provisions relating to the
responsibilities of state agencies designated as natural
resource trustees. The legislature intends this chapter to be
interpreted and implemented in a manner consistent with
federal law;
(f) To provide broad powers of regulation to the
department of ecology relating to spill prevention and
response;
(g) To provide for an independent oversight board to
review the adequacy of spill prevention and response
activities in this state; and
(h) To provide an adequate funding source for state
response and prevention programs. [1991 c 200 § 101; 1990
c 116 § 1.]
(2002 Ed.)
Oil and Hazardous Substance Spill Prevention and Response
90.56.010 Definitions. For purposes of this chapter,
the following definitions shall apply unless the context
indicates otherwise:
(1) "Best achievable protection" means the highest level
of protection that can be achieved through the use of the best
achievable technology and those staffing levels, training
procedures, and operational methods that provide the greatest
degree of protection achievable. The director’s determination of best achievable protection shall be guided by the
critical need to protect the state’s natural resources and
waters, while considering (a) the additional protection
provided by the measures; (b) the technological achievability
of the measures; and (c) the cost of the measures.
(2) "Best achievable technology" means the technology
that provides the greatest degree of protection taking into
consideration (a) processes that are being developed, or
could feasibly be developed, given overall reasonable
expenditures on research and development, and (b) processes
that are currently in use. In determining what is best
achievable technology, the director shall consider the
effectiveness, engineering feasibility, and commercial
availability of the technology.
(3) "Board" means the pollution control hearings board.
(4) "Cargo vessel" means a self-propelled ship in
commerce, other than a tank vessel or a passenger vessel,
three hundred or more gross tons, including but not limited
to, commercial fish processing vessels and freighters.
(5) "Bulk" means material that is stored or transported
in a loose, unpackaged liquid, powder, or granular form
capable of being conveyed by a pipe, bucket, chute, or belt
system.
(6) "Committee" means the preassessment screening
committee established under RCW 90.48.368.
(7) "Covered vessel" means a tank vessel, cargo vessel,
or passenger vessel.
(8) "Department" means the department of ecology.
(9) "Director" means the director of the department of
ecology.
(10) "Discharge" means any spilling, leaking, pumping,
pouring, emitting, emptying, or dumping.
(11)(a) "Facility" means any structure, group of structures, equipment, pipeline, or device, other than a vessel,
located on or near the navigable waters of the state that
transfers oil in bulk to or from a tank vessel or pipeline, that
is used for producing, storing, handling, transferring, processing, or transporting oil in bulk.
(b) A facility does not include any: (i) Railroad car,
motor vehicle, or other rolling stock while transporting oil
over the highways or rail lines of this state; (ii) underground
storage tank regulated by the department or a local government under chapter 90.76 RCW; (iii) motor vehicle motor
fuel outlet; (iv) facility that is operated as part of an exempt
agricultural activity as provided in RCW 82.04.330; or (v)
marine fuel outlet that does not dispense more than three
thousand gallons of fuel to a ship that is not a covered
vessel, in a single transaction.
(12) "Fund" means the state coastal protection fund as
provided in RCW 90.48.390 and 90.48.400.
(13) "Having control over oil" shall include but not be
limited to any person using, storing, or transporting oil
immediately prior to entry of such oil into the waters of the
(2002 Ed.)
90.56.010
state, and shall specifically include carriers and bailees of
such oil.
(14) "Marine facility" means any facility used for tank
vessel wharfage or anchorage, including any equipment used
for the purpose of handling or transferring oil in bulk to or
from a tank vessel.
(15) "Navigable waters of the state" means those waters
of the state, and their adjoining shorelines, that are subject
to the ebb and flow of the tide and/or are presently used,
have been used in the past, or may be susceptible for use to
transport intrastate, interstate, or foreign commerce.
(16) "Necessary expenses" means the expenses incurred
by the department and assisting state agencies for (a)
investigating the source of the discharge; (b) investigating
the extent of the environmental damage caused by the discharge; (c) conducting actions necessary to clean up the discharge; (d) conducting predamage and damage assessment
studies; and (e) enforcing the provisions of this chapter and
collecting for damages caused by a discharge.
(17) "Oil" or "oils" means naturally occurring liquid
hydrocarbons at atmospheric temperature and pressure
coming from the earth, including condensate and natural
gasoline, and any fractionation thereof, including, but not
limited to, crude oil, petroleum, gasoline, fuel oil, diesel oil,
oil sludge, oil refuse, and oil mixed with wastes other than
dredged spoil. Oil does not include any substance listed in
Table 302.4 of 40 C.F.R. Part 302 adopted August 14, 1989,
under section 101(14) of the federal comprehensive environmental response, compensation, and liability act of 1980, as
amended by P.L. 99-499.
(18) "Offshore facility" means any facility located in,
on, or under any of the navigable waters of the state, but
does not include a facility any part of which is located in,
on, or under any land of the state, other than submerged
land.
(19) "Onshore facility" means any facility any part of
which is located in, on, or under any land of the state, other
than submerged land, that because of its location, could
reasonably be expected to cause substantial harm to the environment by discharging oil into or on the navigable waters
of the state or the adjoining shorelines.
(20)(a) "Owner or operator" means (i) in the case of a
vessel, any person owning, operating, or chartering by
demise, the vessel; (ii) in the case of an onshore or offshore
facility, any person owning or operating the facility; and (iii)
in the case of an abandoned vessel or onshore or offshore facility, the person who owned or operated the vessel or
facility immediately before its abandonment.
(b) "Operator" does not include any person who owns
the land underlying a facility if the person is not involved in
the operations of the facility.
(21) "Passenger vessel" means a ship of three hundred
or more gross tons with a fuel capacity of at least six
thousand gallons carrying passengers for compensation.
(22) "Person" means any political subdivision, government agency, municipality, industry, public or private
corporation, copartnership, association, firm, individual, or
any other entity whatsoever.
(23) "Ship" means any boat, ship, vessel, barge, or other
floating craft of any kind.
(24) "Spill" means an unauthorized discharge of oil or
hazardous substances into the waters of the state.
[Title 90 RCW—page 83]
90.56.010
Title 90 RCW: Water Rights—Environment
(25) "Tank vessel" means a ship that is constructed or
adapted to carry, or that carries, oil in bulk as cargo or cargo
residue, and that:
(a) Operates on the waters of the state; or
(b) Transfers oil in a port or place subject to the
jurisdiction of this state.
(26) "Waters of the state" includes lakes, rivers, ponds,
streams, inland waters, underground water, salt waters,
estuaries, tidal flats, beaches and lands adjoining the seacoast
of the state, sewers, and all other surface waters and watercourses within the jurisdiction of the state of Washington.
(27) "Worst case spill" means: (a) In the case of a
vessel, a spill of the entire cargo and fuel of the vessel
complicated by adverse weather conditions; and (b) in the
case of an onshore or offshore facility, the largest foreseeable spill in adverse weather conditions. [2000 c 69 § 15;
1992 c 73 § 31; 1991 c 200 § 102; 1990 c 116 § 2; 1989 c
388 § 6; 1985 c 316 § 5; 1971 ex.s. c 180 § 1; 1970 ex.s. c
88 § 1; 1969 ex.s. c 133 § 10. Formerly RCW 90.48.315.]
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
Intent—1989 c 388: "The legislature finds that oil spills can cause
significant damage to the environment and natural resources held in trust by
and for the people of this state. Some of these damages are unquantifiable,
and others cannot be quantified at a reasonable cost. Both quantifiable and
unquantifiable damages often occur despite prompt containment and cleanup
measures. Due to the inability to measure the exact nature and extent of
certain types of damages, current damage assessment methodologies used
by the state inadequately assess the damage caused by oil spills.
In light of the magnitude of environmental and natural resource
damage which may be caused by oil spills, and the importance of fishing,
tourism, recreation, and Washington’s natural abundance and beauty to the
quality of life and economic future of the people of this state, the legislature
declares that compensation should be sought for those damages that cannot
be quantified at a reasonable cost and for those unquantifiable damages that
result from oil spills. This compensation is intended to ensure that the
public does not bear substantial losses caused by oil pollution for which
compensation may not otherwise be received." [1989 c 388 § 1.]
Application—1989 c 388: "This act applies prospectively only, and
not retroactively. It applies only to causes of action which arise after May
13, 1989." [1989 c 388 § 12.]
Captions not law—1989 c 388: "Section headings as used in this act
do not constitute any part of the law." [1989 c 388 § 13.]
Severability—1989 c 388: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1989 c 388 § 14.]
Severability—1969 ex.s. c 133: "If any provision of this 1969 act or
the application thereof to any person or circumstance is held invalid, this
1969 act can be given effect without the invalid provision or application;
and to this end the provisions of this 1969 act are declared to be severable.
This 1969 act shall be liberally construed to effectuate its purpose." [1969
ex.s. c 133 § 12.]
Marine oil pollution—Baseline study program: RCW 43.21A.405 through
43.21A.420.
90.56.020 Director responsible for spill response.
Except as otherwise specifically provided in this chapter or
other law, the director has the primary authority, in
conformance with the statewide master oil and hazardous
substance spill prevention and contingency plan adopted
pursuant to RCW 90.56.060 and any applicable contingency
plans prepared pursuant to this chapter and chapter 88.46
RCW, to oversee prevention, abatement, response, containment, and cleanup efforts with regard to any oil or hazardous
[Title 90 RCW—page 84]
substance spill in the navigable waters of the state. The
director is the head of the state incident command system in
response to a spill of oil or hazardous substances and shall
coordinate the response efforts of all state agencies and local
emergency response personnel. If a discharge of oil or
hazardous substances is subject to the national contingency
plan, in responding to the discharge, the director shall to the
greatest extent practicable act in accordance with the national
contingency plan and cooperate with the federal on-scene
coordinator or other federal agency or official exercising
authority under the national contingency plan. [1991 c 200
§ 103.]
90.56.030 Powers and duties. The powers, duties,
and functions conferred by this chapter shall be exercised by
the department of ecology and shall be deemed an essential
government function in the exercise of the police power of
the state. Such powers, duties, and functions of the department shall extend to all waters under the jurisdiction of the
state. [1991 c 200 § 104; 1971 ex.s. c 180 § 2. Formerly
RCW 90.48.370.]
90.56.040 Authority supplemental. This chapter
grants authority to the department which is supplemental to
and in no way reduces or otherwise modifies the powers
granted to the department by other statutes. [1991 c 200 §
105; 1987 c 109 § 153; 1969 ex.s. c 133 § 11. Formerly
RCW 90.48.365.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.56.050 Rules. The department may adopt rules
including but not limited to the following matters:
(1) Procedures and methods of reporting discharges and
other occurrences prohibited by this chapter;
(2) Procedures, methods, means, and equipment to be
used by persons subject to regulation by this chapter and
such rules may prescribe the times, places, and methods of
transfer of oil;
(3) Coordination of procedures, methods, means, and
equipment to be used in the removal of oil;
(4) Development and implementation of criteria and
plans to meet oil spills of various kinds and degrees;
(5) When and under what circumstances, if any,
chemical agents, such as coagulants, dispersants, and
bioremediation, may be used in response to an oil spill;
(6) The disposal of oil recovered from a spill; and
(7) Such other rules and regulations as the exigencies of
any condition may require or such as may be reasonably
necessary to carry out the intent of this chapter. [1991 c 200
§ 106; 1971 ex.s. c 180 § 3. Formerly RCW 90.48.380.]
90.56.060 Statewide master oil and hazardous
substance spill prevention and contingency plan. (1) The
department shall prepare and annually update a statewide
master oil and hazardous substance spill prevention and
contingency plan. In preparing the plan, the department
shall consult with an advisory committee representing
diverse interests concerned with oil and hazardous substance
spills, including the United States coast guard, the federal
environmental protection agency, state agencies, local
(2002 Ed.)
Oil and Hazardous Substance Spill Prevention and Response
governments, port districts, private facilities, environmental
organizations, oil companies, shipping companies, containment and cleanup contractors, tow companies, and hazardous
substance manufacturers.
(2) The state master plan prepared under this section
shall at a minimum:
(a) Take into consideration the elements of oil spill
prevention and contingency plans approved or submitted for
approval pursuant to this chapter and chapter 88.46 RCW
and oil and hazardous substance spill contingency plans
prepared pursuant to other state or federal law or prepared
by federal agencies and regional entities;
(b) State the respective responsibilities as established by
relevant statutes and rules of each of the following in the
prevention of and the assessment, containment, and cleanup
of a worst case spill of oil or hazardous substances into the
environment of the state: (i) State agencies; (ii) local
governments; (iii) appropriate federal agencies; (iv) facility
operators; (v) property owners whose land or other property
may be affected by the oil or hazardous substance spill; and
(vi) other parties identified by the department as having an
interest in or the resources to assist in the containment and
cleanup of an oil or hazardous substance spill;
(c) State the respective responsibilities of the parties
identified in (b) of this subsection in an emergency response;
(d) Identify actions necessary to reduce the likelihood of
spills of oil and hazardous substances;
(e) Identify and obtain mapping of environmentally
sensitive areas at particular risk to oil and hazardous substance spills; and
(f) Establish an incident command system for responding to oil and hazardous substances spills.
(3) In preparing and updating the state master plan, the
department shall:
(a) Consult with federal, provincial, municipal, and
community officials, other state agencies, the state of
Oregon, and with representatives of affected regional
organizations;
(b) Submit the draft plan to the public for review and
comment;
(c) Submit to the appropriate standing committees of the
legislature for review, not later than November 1 of each
year, the plan and any annual revision of the plan; and
(d) Require or schedule unannounced oil spill drills as
required by RCW 90.56.260 to test the sufficiency of oil
spill contingency plans approved under RCW 90.56.210.
[2000 c 69 § 16; 1991 c 200 § 107; 1990 c 116 § 10.
Formerly RCW 90.48.378.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.070 Coordination with federal law. In
carrying out the purposes of this chapter, including the
adoption of rules for contingency plans, the department shall
to the greatest extent practicable implement this chapter in
a manner consistent with federal law. [1991 c 200 § 108.]
90.56.080 Hazardous substances incident response
training and education program. The division of fire
protection services shall establish and manage the Washington oil and hazardous substances incident response training
(2002 Ed.)
90.56.060
and education program to provide approved classes in
hazardous substance response, taught by trained instructors.
To carry out this program, the division of fire protection
services shall:
(1) Adopt rules necessary to implement the program;
(2) Establish a training and education program by
developing the curriculum to be used in the program in
colleges, academies, and other educational institutions;
(3) Provide training to local oil and hazardous materials
emergency response personnel; and
(4) Establish and collect admission fees and other fees
that may be necessary to the program. [2000 c 69 § 17;
1991 c 200 § 109.]
90.56.100 Washington wildlife rescue coalition. (1)
The Washington wildlife rescue coalition is established for
the purpose of coordinating the rescue and rehabilitation of
wildlife injured or endangered by oil spills or the release of
other hazardous substances into the environment.
(2) The Washington wildlife rescue coalition shall be
composed of:
(a) A representative of the department of fish and
wildlife designated by the director of fish and wildlife. The
department of fish and wildlife shall be designated as lead
agency in the operations of the coalition. The coalition shall
be chaired by the representative from the department of fish
and wildlife;
(b) A representative of the department of ecology
designated by the director;
(c) A representative of the Washington military department emergency management division, designated by the
director of the Washington military department;
(d) A licensed veterinarian, with experience and training
in wildlife rehabilitation, appointed by the veterinary board
of governors;
(e) A lay person, with training and experience in the
rescue and rehabilitation of wildlife appointed by the
department; and
(f) A person designated by the legislative authority of
the county where oil spills or spills of other hazardous
substances may occur. This member of the coalition shall
serve on the coalition until wildlife rescue and rehabilitation
is completed in that county. The completion of any rescue
or rehabilitation project shall be determined by the director
of fish and wildlife.
(3) The duties of the Washington wildlife rescue
coalition are to:
(a) Develop an emergency mobilization plan to rescue
and rehabilitate waterfowl and other wildlife that are injured
or endangered by an oil spill or the release of other hazardous substances into the environment;
(b) Develop and maintain a resource directory of
persons, governmental agencies, and private organizations
that may provide assistance in an emergency rescue effort;
(c) Provide advance training and instruction to volunteers in rescuing and rehabilitating waterfowl and wildlife
injured or endangered by oil spills or the release of other
hazardous substances into the environment. The training
may be provided through grants to community colleges or to
groups that conduct programs for training volunteers. The
coalition representatives from the agencies described in
[Title 90 RCW—page 85]
90.56.100
Title 90 RCW: Water Rights—Environment
subsection (2) of this section shall coordinate their training
efforts and work to provide training opportunities for young
citizens;
(d) Obtain and maintain equipment and supplies used in
emergency rescue efforts.
(4)(a) Expenses for the coalition may be provided by the
coastal protection fund administered according to RCW
90.48.400.
(b) The coalition is encouraged to seek grants, gifts, or
donations from private sources in order to carry out the
provisions of this section and RCW 90.56.110. Any private
funds donated to the commission shall be deposited into the
wildlife rescue account hereby created within the wildlife
fund as authorized under Title 77 RCW. [2000 c 69 § 18;
1998 c 245 § 175; 1994 c 264 § 94; 1992 c 73 § 32; 1990
c 116 § 12. Formerly RCW 90.48.387.]
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.110 Rehabilitation of wildlife—Rules. The
department of fish and wildlife may adopt rules including,
but not limited to, the following:
(1) Procedures and methods of handling and caring for
waterfowl or other wildlife affected by spills of oil and other
hazardous materials;
(2) The certification of persons trained in the removal
of pollutants from waterfowl or other wildlife;
(3) Development of procedures with respect to removal
of oil and other hazardous substances from waterfowl or
other wildlife;
(4) The establishment of training exercises, courses, and
other training procedures as necessary;
(5) Such other rules as may be reasonably necessary to
carry out the intent of RCW 90.56.100. [1994 c 264 § 95;
1990 c 116 § 13. Formerly RCW 90.48.388.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.200 Prevention plans. (1) The owner or
operator for each onshore and offshore facility shall prepare
and submit to the department an oil spill prevention plan in
conformance with the requirements of this chapter. The
plans shall be submitted to the department in the time and
manner directed by the department. The spill prevention
plan may be consolidated with a spill contingency plan submitted pursuant to RCW 90.56.210. The department may
accept plans prepared to comply with other state or federal
law as spill prevention plans to the extent those plans
comply with the requirements of this chapter. The department, by rule, shall establish standards for spill prevention
plans.
(2) The spill prevention plan for an onshore or offshore
facility shall:
(a) Establish compliance with the federal oil pollution
act of 1990, if applicable, and financial responsibility
requirements under federal and state law;
(b) Certify that supervisory and other key personnel in
charge of transfer, storage, and handling of oil have received
certification pursuant to RCW 90.56.220;
[Title 90 RCW—page 86]
(c) Certify that the facility has an operations manual
required by RCW 90.56.230;
(d) Certify the implementation of alcohol and drug use
awareness programs;
(e) Describe the facility’s maintenance and inspection
program and contain a current maintenance and inspection
record of the storage and transfer facilities and related
equipment;
(f) Describe the facility’s alcohol and drug treatment
programs;
(g) Describe spill prevention technology that has been
installed, including overflow alarms, automatic overflow cutoff switches, secondary containment facilities, and storm
water retention, treatment, and discharge systems;
(h) Describe any discharges of oil to the land or the
water of more than twenty-five barrels in the prior five years
and the measures taken to prevent a reoccurrence;
(i) Describe the procedures followed by the facility to
contain and recover any oil that spills during the transfer of
oil to or from the facility;
(j) Provide for the incorporation into the facility during
the period covered by the plan of those measures that will
provide the best achievable protection for the public health
and the environment; and
(k) Include any other information reasonably necessary
to carry out the purposes of this chapter required by rules
adopted by the department.
(3) The department shall only approve a prevention plan
if it provides the best achievable protection from damages
caused by the discharge of oil into the waters of the state
and if it determines that the plan meets the requirements of
this section and rules adopted by the department.
(4) Upon approval of a prevention plan, the department
shall provide to the person submitting the plan a statement
indicating that the plan has been approved, the facilities
covered by the plan, and other information the department
determines should be included.
(5) The approval of a prevention plan shall be valid for
five years. An owner or operator of a facility shall notify
the department in writing immediately of any significant
change of which it is aware affecting its prevention plan,
including changes in any factor set forth in this section or in
rules adopted by the department. The department may
require the owner or operator to update a prevention plan as
a result of these changes.
(6) The department by rule shall require prevention
plans to be reviewed, updated, if necessary, and resubmitted
to the department at least once every five years.
(7) Approval of a prevention plan by the department
does not constitute an express assurance regarding the
adequacy of the plan nor constitute a defense to liability
imposed under this chapter or other state law.
(8) This section does not authorize the department to
modify the terms of a collective bargaining agreement.
[2000 c 69 § 19; 1991 c 200 § 201.]
90.56.210 Contingency plans. (1) Each onshore and
offshore facility shall have a contingency plan for the
containment and cleanup of oil spills from the facility into
the waters of the state and for the protection of fisheries and
wildlife, natural resources, and public and private property
(2002 Ed.)
Oil and Hazardous Substance Spill Prevention and Response
from such spills. The department shall by rule adopt and
periodically revise standards for the preparation of contingency plans. The department shall require contingency
plans, at a minimum, to meet the following standards:
(a) Include full details of the method of response to
spills of various sizes from any facility which is covered by
the plan;
(b) Be designed to be capable in terms of personnel,
materials, and equipment, of promptly and properly, to the
maximum extent practicable, as defined by the department
removing oil and minimizing any damage to the environment
resulting from a worst case spill;
(c) Provide a clear, precise, and detailed description of
how the plan relates to and is integrated into relevant
contingency plans which have been prepared by cooperatives, ports, regional entities, the state, and the federal
government;
(d) Provide procedures for early detection of oil spills
and timely notification of such spills to appropriate federal,
state, and local authorities under applicable state and federal
law;
(e) State the number, training preparedness, and fitness
of all dedicated, prepositioned personnel assigned to direct
and implement the plan;
(f) Incorporate periodic training and drill programs to
evaluate whether personnel and equipment provided under
the plan are in a state of operational readiness at all times;
(g) Describe important features of the surrounding
environment, including fish and wildlife habitat, environmentally and archaeologically sensitive areas, and public facilities. The departments of ecology, fish and wildlife, and
natural resources, and the office of archaeology and historic
preservation, upon request, shall provide information that
they have available to assist in preparing this description.
The description of archaeologically sensitive areas shall not
be required to be included in a contingency plan until it is
reviewed and updated pursuant to subsection (9) of this
section;
(h) State the means of protecting and mitigating effects
on the environment, including fish, marine mammals, and
other wildlife, and ensure that implementation of the plan
does not pose unacceptable risks to the public or the environment;
(i) Provide arrangements for the prepositioning of oil
spill containment and cleanup equipment and trained
personnel at strategic locations from which they can be
deployed to the spill site to promptly and properly remove
the spilled oil;
(j) Provide arrangements for enlisting the use of
qualified and trained cleanup personnel to implement the
plan;
(k) Provide for disposal of recovered spilled oil in
accordance with local, state, and federal laws;
(l) Until a spill prevention plan has been submitted
pursuant to RCW 90.56.200, state the measures that have
been taken to reduce the likelihood that a spill will occur,
including but not limited to, design and operation of a
facility, training of personnel, number of personnel, and
backup systems designed to prevent a spill;
(m) State the amount and type of equipment available
to respond to a spill, where the equipment is located, and the
(2002 Ed.)
90.56.210
extent to which other contingency plans rely on the same
equipment; and
(n) If the department has adopted rules permitting the
use of dispersants, the circumstances, if any, and the manner
for the application of the dispersants in conformance with
the department’s rules.
(2)(a) The following shall submit contingency plans to
the department within six months after the department adopts
rules establishing standards for contingency plans under
subsection (1) of this section:
(i) Onshore facilities capable of storing one million
gallons or more of oil; and
(ii) Offshore facilities.
(b) Contingency plans for all other onshore and offshore
facilities shall be submitted to the department within eighteen months after the department has adopted rules under
subsection (1) of this section. The department may adopt a
schedule for submission of plans within the eighteen-month
period.
(3)(a) The owner or operator of a facility shall submit
the contingency plan for the facility.
(b) A person who has contracted with a facility to
provide containment and cleanup services and who meets the
standards established pursuant to RCW 90.56.240, may
submit the plan for any facility for which the person is
contractually obligated to provide services. Subject to
conditions imposed by the department, the person may
submit a single plan for more than one facility.
(4) A contingency plan prepared for an agency of the
federal government or another state that satisfies the requirements of this section and rules adopted by the department
may be accepted by the department as a contingency plan
under this section. The department shall assure that to the
greatest extent possible, requirements for contingency plans
under this section are consistent with the requirements for
contingency plans under federal law.
(5) In reviewing the contingency plans required by this
section, the department shall consider at least the following
factors:
(a) The adequacy of containment and cleanup equipment, personnel, communications equipment, notification
procedures and call down lists, response time, and logistical
arrangements for coordination and implementation of response efforts to remove oil spills promptly and properly and
to protect the environment;
(b) The nature and amount of vessel traffic within the
area covered by the plan;
(c) The volume and type of oil being transported within
the area covered by the plan;
(d) The existence of navigational hazards within the area
covered by the plan;
(e) The history and circumstances surrounding prior
spills of oil within the area covered by the plan;
(f) The sensitivity of fisheries and wildlife and other
natural resources within the area covered by the plan;
(g) Relevant information on previous spills contained in
on-scene coordinator reports prepared by the department; and
(h) The extent to which reasonable, cost-effective
measures to prevent a likelihood that a spill will occur have
been incorporated into the plan.
(6) The department shall approve a contingency plan
only if it determines that the plan meets the requirements of
[Title 90 RCW—page 87]
90.56.210
Title 90 RCW: Water Rights—Environment
this section and that, if implemented, the plan is capable, in
terms of personnel, materials, and equipment, of removing
oil promptly and properly and minimizing any damage to the
environment.
(7) The approval of the contingency plan shall be valid
for five years. Upon approval of a contingency plan, the
department shall provide to the person submitting the plan a
statement indicating that the plan has been approved, the
facilities or vessels covered by the plan, and other information the department determines should be included.
(8) An owner or operator of a facility shall notify the
department in writing immediately of any significant change
of which it is aware affecting its contingency plan, including
changes in any factor set forth in this section or in rules
adopted by the department. The department may require the
owner or operator to update a contingency plan as a result of
these changes.
(9) The department by rule shall require contingency
plans to be reviewed, updated, if necessary, and resubmitted
to the department at least once every five years.
(10) Approval of a contingency plan by the department
does not constitute an express assurance regarding the
adequacy of the plan nor constitute a defense to liability
imposed under this chapter or other state law. [2000 c 69 §
20; 1992 c 73 § 33; 1991 c 200 § 202; 1990 c 116 § 3.
Formerly RCW 90.48.371.]
Effective dates—1992 c 73: See RCW 82.23B.902.
Severability—1990 c 116: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1990 c 116 § 35.]
90.56.220 Facility operation standards. (1) The
department by rule shall adopt standards for onshore and
offshore facilities regarding the equipment and operation of
the facilities with respect to the transfer, storage, and handling of oil to ensure that the best achievable protection of
the public health and the environment is employed at all
times. The department shall implement a program to
provide for the inspection of all onshore and offshore facilities on a regular schedule to ensure that each facility is in
compliance with the standards.
(2) The department shall adopt rules for certification of
supervisory and other key personnel in charge of the
transfer, storage, and handling of oil at onshore and offshore
facilities. The rules shall include, but are not limited to:
(a) Minimum training requirements for all facility
workers involved in the transfer, storage, and handling of oil
at a facility;
(b) Provisions for periodic renewal of certificates for
supervisory and other key personnel involved in the transfer,
storage, and handling of oil at the facility; and
(c) Continuing education requirements.
(3) The rules adopted by the department shall not
conflict with or modify standards imposed pursuant to
federal or state laws regulating worker safety. [1991 c 200
§ 203.]
90.56.230 Operations manuals. (1) Each owner or
operator of an onshore or offshore facility shall prepare an
operations manual describing equipment and procedures
involving the transfer, storage, and handling of oil that the
[Title 90 RCW—page 88]
operator employs or will employ for best achievable protection for the public health and the environment and to prevent
oil spills in the navigable waters. The operations manual
shall also describe equipment and procedures required for all
vessels to or from which oil is transferred through use of the
facility. The operations manual shall be submitted to the
department for approval.
(2) Every existing onshore and offshore facility shall
prepare and submit to the department its operations manual
within eighteen months after the department has adopted
rules governing the content of the manual.
(3) The department shall approve an operations manual
for an onshore or offshore facility if the manual complies
with the rules adopted by the department. If the department
determines a manual does not comply with the rules, it shall
provide written reasons for the decision. The owner or
operator shall resubmit the manual within ninety days of
notification of the reasons for noncompliance, responding to
the reasons and incorporating any suggested modifications.
(4) The approval of an operations manual shall be valid
for five years. The owner or operator of the facility shall
notify the department in writing immediately of any significant change in its operations affecting its operations manual.
The department may require the owner or operator to modify
its operations manual as a result of these changes.
(5) All equipment and operations of an operator’s
onshore or offshore facility shall be maintained and carried
out in accordance with the facility’s operations manual. The
owner or operator of the facility shall ensure that all covered
vessels docked at an onshore or offshore facility comply
with the terms of the operations manual for the facility.
[1991 c 200 § 204.]
90.56.240 Standards for cleanup and containment
services contractors. The department shall by rule establish
standards for persons who contract to provide cleanup and
containment services under contingency plans approved
under RCW 90.56.210. [1990 c 116 § 4. Formerly RCW
90.48.372.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.250 Index of prevention plans and contingency plans—Equipment inventory. The department shall
annually publish an index of available, up-to-date descriptions of prevention plans and contingency plans for oil spills
submitted and approved pursuant to RCW 90.56.200,
90.56.210, 88.46.040, and 88.46.060 and an inventory of
equipment available for responding to such spills. [1991 c
200 § 205; 1990 c 116 § 5. Formerly RCW 90.48.373.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.260 Adequacy of contingency plans—Practice
drills—Report. The department shall by rule adopt procedures to determine the adequacy of contingency plans
approved under RCW 90.56.210. The rules shall require
random practice drills without prior notice that will test the
adequacy of the responding entities. The rules may provide
for unannounced practice drills of individual contingency
plans. The department shall review and publish a report on
(2002 Ed.)
Oil and Hazardous Substance Spill Prevention and Response
the drills, including an assessment of response time and
available equipment and personnel compared to those listed
in the contingency plans relying on the responding entities,
and requirements, if any, for changes in the plans or their
implementation. The department may require additional
drills and changes in arrangements for implementing approved plans which are necessary to ensure their effective
implementation. [1990 c 116 § 6. Formerly RCW
90.48.374.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.270 Enforcement of contingency plans. (1)
The provisions of contingency plans approved by the
department under RCW 90.56.210 and prevention plans
approved by the department pursuant to RCW 90.56.200
shall be legally binding on those persons submitting them to
the department and on their successors, assigns, agents, and
employees. The superior court shall have jurisdiction to
restrain a violation of, compel specific performance of, or
otherwise to enforce such plans upon application by the
department. The department may issue an order pursuant to
chapter 34.05 RCW requiring compliance with a contingency
plan or a prevention plan and may impose administrative
penalties under RCW 43.21B.300 for failure to comply with
a plan. An order under this section is not subject to review
by the pollution control hearings board as provided in RCW
43.21B.110.
(2)(a) Any person responsible or potentially responsible
for a discharge, all of the agents and employees of that
person, the operators of all vessels docked at an onshore or
offshore facility that is a source of a discharge, and all state
and local agencies shall carry out response and cleanup
operations in accordance with applicable contingency plans,
unless directed otherwise by the director or the coast guard.
Except as provided in (b) of this subsection, the responsible
party, potentially responsible parties, their agents and
employees, the operators of all vessels docked at an onshore
or offshore facility that is the source of the discharge, and all
state and local agencies shall carry out whatever direction is
given by the director in connection with the response,
containment, and cleanup of the spill, if the directions are
not in direct conflict with the directions of the coast guard.
(b) If a responsible party or potentially responsible party
reasonably, and in good faith, believes that the directions or
orders given by the director pursuant to (a) of this subsection
will substantially endanger the public safety or the environment, the party may refuse to act in compliance with the
orders or directions of the director. The responsible party or
potentially responsible party shall state, at the time of the
refusal, the reasons why the party refuses to follow the
orders or directions of the director. The responsible party or
potentially responsible party shall give the director written
notice of the reasons for the refusal within forty-eight hours
of refusing to follow the orders or directions of the director.
In any civil or criminal proceeding commenced pursuant to
this section, the burden of proof shall be on the responsible
party or potentially responsible party to demonstrate, by clear
and convincing evidence, why the refusal to follow the
orders or directions of the director was justified under the
circumstances. [1991 c 200 § 206; 1990 c 116 § 7.
Formerly RCW 90.48.375.]
(2002 Ed.)
90.56.260
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.280 Duty to notify coast guard and division of
emergency management of discharge. It shall be the duty
of any person discharging oil or hazardous substances or
otherwise causing, permitting, or allowing the same to enter
the waters of the state, unless the discharge or entry was
expressly authorized by the department prior thereto or
authorized by operation of law under RCW 90.48.200, to
immediately notify the coast guard and the division of
emergency management. The notice to the division of
emergency management within the department of community, trade, and economic development shall be made to the
division’s twenty-four hour statewide toll-free number
established for reporting emergencies. [1995 c 399 § 218;
1990 c 116 § 24; 1987 c 109 § 152; 1969 ex.s. c 133 § 9.
Formerly RCW 90.48.360.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.56.300 Unlawful operation of facility—Criminal
penalties. (1) Except as provided in subsection (2) of this
section, it shall be unlawful for the owner or operator to
knowingly and intentionally operate in this state or on the
waters of this state an onshore or offshore facility without an
approved contingency plan or an approved prevention plan
as required by this chapter, or financial responsibility in
compliance with chapter 88.40 RCW and the federal oil
pollution act of 1990. The first conviction under this section
shall be a gross misdemeanor under chapter 9A.20 RCW. A
second or subsequent conviction shall be a class C felony
under chapter 9A.20 RCW.
(2) It shall not be unlawful for the owner or operator to
operate an onshore or offshore facility if:
(a) The facility is not required to have a contingency
plan, spill prevention plan, or financial responsibility; or
(b) All required plans have been submitted to the
department as required by RCW 90.56.210 and rules adopted
by the department and the department is reviewing the plan
and has not denied approval.
(3) A person may rely on a copy of the statement issued
by the department pursuant to RCW 90.56.210(7) as evidence that a facility has an approved contingency plan and
the statement issued pursuant to RCW 90.56.200(4) that a
facility has an approved prevention plan. [1992 c 73 § 34;
1991 c 200 § 301; 1990 c 116 § 8. Formerly RCW
90.48.376.]
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.310 Operation of a facility or vessel without
contingency or prevention plan or financial responsibility—Civil penalty. (1) Except as provided in subsection (3)
of this section, it shall be unlawful:
(a) For the owner or operator to operate an onshore or
offshore facility without an approved contingency plan as
required under RCW 90.56.210, a spill prevention plan
required by RCW 90.56.200, or financial responsibility in
[Title 90 RCW—page 89]
90.56.310
Title 90 RCW: Water Rights—Environment
compliance with chapter 88.40 RCW and the federal oil
pollution act of 1990; or
(b) For the owner or operator of an onshore or offshore
facility to transfer cargo or passengers to or from a covered
vessel that does not have an approved contingency plan or
an approved prevention plan required under chapter 88.46
RCW or financial responsibility in compliance with chapter
88.40 RCW and the federal oil pollution act of 1990.
(2) The department may assess a civil penalty under
RCW 43.21B.300 of up to one hundred thousand dollars
against any person who is in violation of this section. Each
day that a facility or person is in violation of this section
shall be considered a separate violation.
(3) It shall not be unlawful for a facility or other person
to operate or accept cargo or passengers from a covered
vessel if:
(a) A contingency plan, a prevention plan, or financial
responsibility is not required for the facility; or
(b) A contingency and prevention plan has been
submitted to the department as required by this chapter and
rules adopted by the department and the department is
reviewing the plan and has not denied approval.
(4) Any person may rely on a copy of the statement
issued by the department pursuant to RCW 90.56.210(7) as
evidence that the facility has an approved contingency plan
and the statement issued pursuant to RCW 90.56.200(4) as
evidence that the facility has an approved spill prevention
plan. Any person may rely on a copy of the statement
issued by the *office of marine safety, or its successor
agency, the department, pursuant to RCW 88.46.060 as
evidence that the vessel has an approved contingency plan
and the statement issued pursuant to RCW 88.46.040 as
evidence that the vessel has an approved prevention plan.
[2000 c 69 § 34; 1992 c 73 § 35; 1991 c 200 § 302; 1990 c
116 § 9. Formerly RCW 90.48.377.]
*Reviser’s note: The office of marine safety was abolished and its
powers, duties, and functions transferred to the department of ecology by
1991 c 200 § 430, effective July 1, 1997.
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.320 Unlawful for oil to enter waters—
Exceptions. It shall be unlawful, except under the circumstances hereafter described in this section, for oil to enter the
waters of the state from any ship or any fixed or mobile
facility or installation located offshore or onshore whether
publicly or privately operated, regardless of the cause of the
entry or fault of the person having control over the oil, or
regardless of whether it be the result of intentional or negligent conduct, accident or other cause. This section shall not
apply to discharges of oil in the following circumstances:
(1) The person discharging was expressly authorized to
do so by the department prior to the entry of the oil into
state waters; or
(2) The person discharging was authorized to do so by
operation of law as provided in RCW 90.48.200. [1990 c
116 § 17; 1987 c 109 § 146; 1970 ex.s. c 88 § 2; 1969 ex.s.
c 133 § 1. Formerly RCW 90.48.320.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
[Title 90 RCW—page 90]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.56.330 Additional penalties. Except as otherwise
provided in RCW 90.56.390, any person who negligently
discharges oil, or causes or permits the entry of the same,
shall incur, in addition to any other penalty as provided by
law, a penalty in an amount of up to twenty thousand dollars
for every such violation, and for each day the spill poses
risks to the environment as determined by the director. Any
person who intentionally or recklessly discharges or causes
or permits the entry of oil into the waters of the state shall
incur, in addition to any other penalty authorized by law, a
penalty of up to one hundred thousand dollars for every such
violation and for each day the spill poses risks to the
environment as determined by the director. The amount of
the penalty shall be determined by the director after taking
into consideration the gravity of the violation, the previous
record of the violator in complying, or failing to comply,
with the provisions of chapter 90.48 RCW, the speed and
thoroughness of the collection and removal of the oil, and
such other considerations as the director deems appropriate.
Every act of commission or omission which procures, aids
or abets in the violation shall be considered a violation under
the provisions of this section and subject to the penalty
herein provided for. The penalty herein provided for shall
be imposed pursuant to RCW 43.21B.300. [1992 c 73 § 36;
1990 c 116 § 20; 1989 c 388 § 9; 1987 c 109 § 20; 1985 c
316 § 7; 1970 ex.s. c 88 § 9; 1969 ex.s. c 133 § 7. Formerly RCW 90.48.350.]
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
Intent—Application—Captions—Severability—1989 c 388: See
notes following RCW 90.56.010.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.56.340 Duty to remove oil. It shall be the
obligation of any person owning or having control over oil
entering waters of the state in violation of RCW 90.56.320
to immediately collect and remove the same. If it is not
feasible to collect and remove, said person shall take all
practicable actions to contain, treat and disperse the same.
The director shall prohibit or restrict the use of any chemicals or other dispersant or treatment materials proposed for
use under this section whenever it appears to the director
that use thereof would be detrimental to the public interest.
[1991 c 200 § 303; 1970 ex.s. c 88 § 3; 1969 ex.s. c 133 §
2. Formerly RCW 90.48.325.]
90.56.350 Investigation, removal, containment,
treatment, or dispersal of oil and hazardous substances—
Record of expenses. The department shall take all actions
necessary to respond to a substantial threat of a discharge of
oil or hazardous substances into the waters of this state or to
collect, investigate, perform surveillance over, remove,
contain, treat, or disperse oil or hazardous substances
discharged into waters of the state. The department shall
keep a record of all necessary expenses incurred in carrying
out any project or activity authorized under this section,
including a reasonable charge for the services performed by
(2002 Ed.)
Oil and Hazardous Substance Spill Prevention and Response
the state’s personnel and the state’s equipment and materials
utilized. The authority granted hereunder shall be limited to
projects and activities which are designed to protect the
public interest or public property. The department may use
staff, equipment, and material under its control, or contract
with others, to carry out its responsibilities under this
section. [1990 c 116 § 21; 1987 c 109 § 147; 1970 ex.s. c
88 § 4; 1969 ex.s. c 133 § 3. Formerly RCW 90.48.330.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.56.360 Liability for expenses. Any person who
unlawfully discharges oil or hazardous substances into the
waters of the state or who poses a substantial threat of
discharging oil or hazardous substances into the waters of
the state shall be responsible for the necessary expenses
incurred by the state in carrying out a project or activity
authorized under RCW 90.56.350. [1990 c 116 § 22; 1970
ex.s. c 88 § 5; 1969 ex.s. c 133 § 4. Formerly RCW
90.48.335.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.370 Strict liability of owner or controller of
oil—Exceptions. (1) Any person owning oil or having
control over oil that enters the waters of the state in violation
of RCW 90.56.320 shall be strictly liable, without regard to
fault, for the damages to persons or property, public or
private, caused by such entry.
(2) In any action to recover damages resulting from the
discharge of oil in violation of RCW 90.56.320, the owner
or person having control over the oil shall be relieved from
strict liability, without regard to fault, if that person can
prove that the discharge was caused solely by:
(a) An act of war or sabotage;
(b) An act of God;
(c) Negligence on the part of the United States government; or
(d) Negligence on the part of the state of Washington.
(3) The liability established in this section shall in no
way affect the rights which: (a) The owner or other person
having control over the oil may have against any person
whose acts may in any way have caused or contributed to
the discharge of oil, or (b) the state of Washington may have
against any person whose actions may have caused or
contributed to the discharge of oil. [2000 c 69 § 21; 1990
c 116 § 18; 1970 ex.s. c 88 § 6. Formerly RCW 90.48.336.]
Prospective application—1990 c 116 § 18(2): "The section 18(2),
chapter 116, Laws of 1990 changes requiring the defenses in that subsection
to be the sole causes of the discharge, and the text of section 18(2)(b),
chapter 116, Laws of 1990 shall apply prospectively and not retroactively
after June 7, 1990." [2000 c 69 § 26.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.380 Liability of others for cleanup expenses.
In addition to any cause of action the state may have to
recover necessary expenses for the cleanup of oil pursuant to
RCW 90.56.340 and 90.56.330, and except as otherwise
provided in RCW 90.56.390, any other person causing the
(2002 Ed.)
90.56.350
entry of oil shall be directly liable to the state for the
necessary expenses of oil cleanup arising from such entry
and the state shall have a cause of action to recover from
any or all of said persons. Except as otherwise provided in
RCW 90.56.390, any person liable for cost of oil cleanup as
provided in RCW 90.56.340 and 90.56.330 shall have a
cause of action to recover for costs of cleanup from any
other person causing the entry of oil into the waters of the
state including any amount recoverable by the state as
necessary expenses under RCW 90.56.330. [1992 c 73 § 37;
1990 c 116 § 19; 1970 ex.s. c 88 § 7. Formerly RCW
90.48.338.]
Effective dates—1992 c 73: See RCW 82.23B.902.
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
90.56.390 Liability for removal costs. (1)(a) A
person is not liable for removal costs or damages that result
from actions taken or omitted to be taken in the course of
rendering care, assistance, or advice consistent with the
national contingency plan or as otherwise directed by the
federal on-scene coordinator or by the official within the
department with responsibility for oil spill response. This
subsection (1)(a) does not apply:
(i) To a responsible party;
(ii) With respect to personal injury or wrongful death;
or
(iii) If the person is grossly negligent or engages in
willful misconduct.
(b) A responsible party is liable for any removal costs
and damages that another person is relieved of under (a) of
this subsection.
(c) Nothing in this section affects the liability of a
responsible party for oil spill response under state law.
(2) For the purposes of this section:
(a) "Damages" means damages of any kind for which
liability may exist under the laws of this state resulting from,
arising out of, or related to the discharge or threatened
discharge of oil.
(b) "Federal on-scene coordinator" means the federal
official predesignated by the United States environmental
protection agency or the United States coast guard to
coordinate and direct federal responses under subpart D, or
the official designated by the lead agency to coordinate and
direct removal under subpart E, of the national contingency
plan.
(c) "National contingency plan" means the national
contingency plan prepared and published under section
311(d) of the federal water pollution control act (33 U.S.C.
Sec. 1321(d)), as amended by the oil pollution act of 1990
(P.L. 101-380, 104 Stat. 484 (1990)).
(d) "Removal costs" means the costs of removal that are
incurred after a discharge of oil has occurred or, in any case
in which there is a substantial threat of a discharge of oil,
the costs to prevent, minimize, or mitigate oil pollution from
such an incident.
(e) "Responsible party" means a person liable under
RCW 90.56.370. [1992 c 73 § 38; 1991 c 200 § 304.]
Effective dates—1992 c 73: See RCW 82.23B.902.
[Title 90 RCW—page 91]
90.56.400
Title 90 RCW: Water Rights—Environment
90.56.400 Department investigation of circumstances of entry of oil—Order for reimbursement of expenses—Modification—Action to recover necessary expenses.
The department shall investigate each activity or project
conducted under RCW 90.56.350 to determine, if possible,
the circumstances surrounding the entry of oil into waters of
the state and the person or persons allowing said entry or
responsible for the act or acts which result in said entry.
Whenever it appears to the department, after investigation,
that a specific person or persons are responsible for the
necessary expenses incurred by the state pertaining to a
project or activity as specified in RCW 90.56.360, the
department shall notify said person or persons by appropriate
order. The department may not issue an order pertaining to
a project or activity which was completed more than five
years prior to the date of the proposed issuance of the order.
The order shall state the findings of the department, the
amount of necessary expenses incurred in conducting the
project or activity, and a notice that said amount is due and
payable immediately upon receipt of said order. The department may, upon application from the recipient of an order
received within thirty days from the receipt of the order,
reduce or set aside in its entirety the amount due and
payable, when it appears from the application, and from any
further investigation the department may desire to undertake,
that a reduction or setting aside is just and fair under all the
circumstances. If the amount specified in the order issued
by the department notifying said person or persons is not
paid within thirty days after receipt of notice imposing the
same, or if an application has been made within thirty days
as herein provided and the amount provided in the order
issued by the department subsequent to such application is
not paid within fifteen days after receipt thereof, the attorney
general, upon request of the department, shall bring an action
on behalf of the state in the superior court of Thurston
county or any county in which the person to which the order
is directed does business, or in any other court of competent
jurisdiction, to recover the amount specified in the final
order of the department. No order issued under this section
shall be construed as an order within the meaning of RCW
43.21B.310 and shall not be appealable to the hearings
board. In any action to recover necessary expenses as herein
provided said person shall be relieved from liability for
necessary expenses if the person can prove that the oil to
which the necessary expenses relate entered the waters of the
state by causes set forth in RCW 90.56.370(2). [1992 c 73
§ 39; 1991 c 200 § 305; 1987 c 109 § 148; 1985 c 316 § 4;
1970 ex.s. c 88 § 10; 1969 ex.s. c 133 § 5. Formerly RCW
90.48.340.]
Effective dates—1992 c 73: See RCW 82.23B.902.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.56.410 Right of entry and access to records
pertinent to investigations. The department, through its
duly authorized representatives, shall have the power to enter
upon any private or public property, including the boarding
of any ship, at any reasonable time, and the owner, managing agent, master or occupant of such property shall permit
such entry for the purpose of investigating conditions
relating to violations or possible violations of this chapter,
[Title 90 RCW—page 92]
and to have access to any pertinent records relating to such
property, including but not limited to operation and maintenance records and logs. The authority granted herein shall
not be construed to require any person to divulge trade
secrets or secret processes. The director may issue subpoenas for the production of any books, records, documents, or
witnesses in any hearing conducted pursuant to this chapter.
[1990 c 116 § 23; 1987 c 109 § 151; 1969 ex.s. c 133 § 8.
Formerly RCW 90.48.355.]
Findings—Severability—1990 c 116: See notes following RCW
90.56.210.
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.56.420 Authorized discharges of oil—Permits.
Any person who proposes to discharge oil or cause or permit
the entry of same into waters of the state shall prior to such
discharge obtain permission from the director. The director
is authorized to permit the discharge of oil into waters of the
state consistent with the pertinent effluent and receiving
water standards and treatment requirements established by
the department. Permission for industrial or commercial
discharges shall be given through the terms of a waste
discharge permit issued pursuant to RCW 90.48.180.
Permission shall be given in all other cases on a form
prescribed by the director. [1987 c 109 § 149; 1970 ex.s. c
88 § 8. Formerly RCW 90.48.343.]
Purpose—Short title—Construction—Rules—Severability—
Captions—1987 c 109: See notes following RCW 43.21B.001.
90.56.500 Oil spill response account. The state oil
spill response account is created in the state treasury. All
receipts from RCW 82.23B.020(1) shall be deposited in the
account. All costs reimbursed to the state by a responsible
party or any other person for responding to a spill of oil
shall also be deposited in the account. Moneys in the
account shall be spent only after appropriation. The account
is subject to allotment procedures under chapter 43.88 RCW.
The account shall be used exclusively to pay for the costs
associated with the response to spills of crude oil or petroleum products into the navigable waters of the state.
Payment of response costs under this section shall be limited
to spills which the director has determined are likely to
exceed fifty thousand dollars. Before expending moneys
from the account, the director shall make reasonable efforts
to obtain funding for response costs from the person responsible for the spill and from other sources, including the
federal government. Reimbursement for response costs shall
be allowed only for costs which are not covered by funds
appropriated to the agencies responsible for response
activities. Costs associated with the response to spills of
crude oil or petroleum products shall include:
(1) Natural resource damage assessment and related
activities;
(2) Spill related response, containment, wildlife rescue,
cleanup, disposal, and associated costs;
(3) Interagency coordination and public information
related to a response; and
(4) Appropriate travel, goods and services, contracts,
and equipment. [1991 c 200 § 805.]
(2002 Ed.)
Oil and Hazardous Substance Spill Prevention and Response
90.56.510 Oil spill prevention account. (1) The oil
spill prevention account is created in the state treasury. All
receipts from RCW 82.23B.020(2) shall be deposited in the
account. Moneys from the account may be spent only after
appropriation. The account is subject to allotment procedures under chapter 43.88 RCW. If, on the first day of any
calendar month, the balance of the oil spill response account
is greater than nine million dollars and the balance of the oil
spill prevention account exceeds the unexpended appropriation for the current biennium, then the tax under RCW
82.23B.020(2) shall be suspended on the first day of the next
calendar month until the beginning of the following biennium, provided that the tax shall not be suspended during the
last six months of the biennium. If the tax imposed under
RCW 82.23B.020(2) is suspended during two consecutive
biennia, the department shall by November 1st after the end
of the second biennium, recommend to the appropriate
standing committees an adjustment in the tax rate. For the
biennium ending June 30, 1999, and the biennium ending
June 30, 2001, the state treasurer may transfer a total of up
to one million dollars from the oil spill response account to
the oil spill prevention account to support appropriations
made from the oil spill prevention account in the omnibus
appropriations act adopted not later than June 30, 1999.
(2) Expenditures from the oil spill prevention account
shall be used exclusively for the administrative costs related
to the purposes of this chapter, and chapters 90.48, 88.40,
and 88.46 RCW. Starting with the 1995-1997 biennium, the
legislature shall give activities of state agencies related to
prevention of oil spills priority in funding from the oil spill
prevention account. Costs of prevention include the costs of:
(a) Routine responses not covered under RCW
90.56.500;
(b) Management and staff development activities;
(c) Development of rules and policies and the statewide
plan provided for in RCW 90.56.060;
(d) Facility and vessel plan review and approval, drills,
inspections, investigations, enforcement, and litigation;
(e) Interagency coordination and public outreach and
education;
(f) Collection and administration of the tax provided for
in chapter 82.23B RCW; and
(g) Appropriate travel, goods and services, contracts,
and equipment. [2000 c 69 § 22; 1999 sp.s. c 7 § 2; 1997
c 449 § 3; 1995 2nd sp.s. c 14 § 525; 1994 sp.s. c 6 § 903;
1993 c 162 § 2; 1992 c 73 § 41; 1991 c 200 § 806.]
Effective date—1999 sp.s. c 7: See note following RCW
82.23B.020.
Effective date—1997 c 449: See note following RCW 82.23B.020.
Severability—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Effective dates—1995 2nd sp.s. c 14: See note following RCW
43.105.017.
Severability—Effective date—1994 sp.s. c 6: See notes following
RCW 28A.310.020.
Severability—Effective date—1993 c 162: See notes following
RCW 88.46.170.
Effective dates—1992 c 73: See RCW 82.23B.902.
90.56.530 Reckless operation of a tank vessel—
Penalty. (1) A person commits the crime of reckless
operation of a tank vessel if, while (a) navigating a tank
(2002 Ed.)
90.56.510
vessel, (b) piloting a tank vessel, or (c) on the vessel control
bridge and in control of the motion, direction, or speed of a
tank vessel, the person, with recklessness as defined in RCW
9A.08.010, causes a release of oil.
(2) Reckless operation of a tank vessel is a class C
felony under chapter 9A.20 RCW. [1991 c 200 § 604.
Formerly RCW 88.16.210.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
90.56.540 Operation of a vessel while under influence of liquor or drugs—Penalty. (1) A person is guilty
of operating a vessel while under the influence of intoxicating liquor or drugs if the person operates a covered vessel
within this state while:
(a) The person has 0.06 grams or more of alcohol per
two hundred ten liters of breath, as shown by analysis of the
person’s breath made under RCW 90.56.550; or
(b) The person has 0.06 percent or more by weight of
alcohol in the person’s blood as shown by analysis of the
person’s blood made under RCW 90.56.550; or
(c) The person is under the influence of or affected by
intoxicating liquor or drugs; or
(d) The person is under the combined influence of or
affected by intoxicating liquor or drugs.
(2) The fact that any person charged with a violation of
this section is or has been entitled to use such drug under the
laws of this state shall not constitute a defense against any
charge of violating this section.
(3) Operating a vessel while intoxicated is a class C
felony under chapter 9A.20 RCW. [2000 c 69 § 23; 1991 c
200 § 605. Formerly RCW 88.16.220.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
90.56.550 Breath or blood analysis. (1) Upon the
trial of any civil or criminal action or proceeding arising out
of acts alleged to have been committed by a person while
operating a vessel while under the influence of intoxicating
liquor or drugs, if the amount of alcohol in the person’s
blood or breath at the time alleged as shown by analysis of
his blood or breath is less than 0.06 percent by weight of
alcohol in his blood or 0.06 grams of alcohol per two
hundred ten liters of the person’s breath, it is evidence that
may be considered with other competent evidence in
determining whether the person was under the influence of
intoxicating liquor or drugs.
(2) The breath analysis shall be based upon grams of
alcohol per two hundred ten liters of breath. The foregoing
provisions of this section shall not be construed as limiting
the introduction of any other competent evidence bearing
upon the question whether the person was under the influence of intoxicating liquor or any drug.
(3) Analysis of the person’s blood or breath to be
considered valid under this section shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by
the state toxicologist for this purpose. The state toxicologist
shall approve satisfactory techniques or methods, to supervise the examination of individuals to ascertain their qualifications and competence to conduct such analyses, and to
[Title 90 RCW—page 93]
90.56.550
Title 90 RCW: Water Rights—Environment
issue permits that are subject to termination or revocation at
the discretion of the state toxicologist.
(4) If a blood test is administered under this section, the
withdrawal of blood for the purpose of determining its
alcoholic content may be performed only by a physician, a
registered nurse, or a qualified technician. This limitation
shall not apply to the taking of breath specimens.
(5) The person tested may have a physician, or a
qualified technician, chemist, registered nurse, or other
qualified person of his or her own choosing administer one
or more tests in addition to any administered at the direction
of a law enforcement officer. The failure or inability to
obtain an additional test by a person shall not preclude the
admission of evidence relating to the test or tests taken at the
direction of a law enforcement officer.
(6) Upon the request of the person who submits to a test
or tests at the request of a law enforcement officer, full
information concerning the test or tests shall be made
available to the person or his or her attorney. [1991 c 200
§ 606. Formerly RCW 88.16.230.]
90.56.902 Captions not law. Section headings and
part headings as used in this chapter shall constitute no part
of the law. [1991 c 200 § 1113.]
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
Sections
90.58.010
90.58.020
90.56.560 Limited immunity for blood withdrawal.
No physician, registered nurse, qualified technician, or
hospital, or duly licensed clinical laboratory employing or
using services of the physician, registered nurse, or qualified
technician, may incur any civil or criminal liability as a
result of the act of withdrawing blood from any person when
directed by a law enforcement officer to do so for the
purpose of a blood test under RCW 90.56.550. This section
shall not relieve any physician, registered nurse, qualified
technician, or hospital or duly licensed clinical laboratory
from civil liability arising from the use of improper procedures or failing to exercise the required standard of care.
[2000 c 69 § 24; 1991 c 200 § 607. Formerly RCW
88.16.240.]
90.56.904 Severability—1991 c 200. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1991 c 200 § 1118.]
90.56.905 Severability—1992 c 73. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1992 c 73 § 43.]
Chapter 90.58
SHORELINE MANAGEMENT ACT OF 1971
90.58.030
90.58.040
90.58.045
90.58.050
90.58.060
90.58.065
90.58.070
90.58.080
90.58.090
Effective dates—Severability—1991 c 200: See RCW 90.56.901 and
90.56.904.
90.58.100
90.56.900 Construction—Appeal not to stay order,
rule, or regulation. This chapter, being necessary for the
general welfare, the public health, and the public safety of
the state and its inhabitants, shall be liberally construed to
effect their purposes. No rule, regulation, or order of the
department shall be stayed pending appeal under this chapter.
[1991 c 200 § 1107; 1971 ex.s. c 180 § 10. Formerly RCW
90.48.907.]
90.58.110
90.58.120
90.58.130
90.58.140
90.56.901 Effective dates—1991 c 200. (1) Sections
101 through 429, 501 through 706, 805 through 807, 810
through 817, and 901 through 1118 of this act are necessary
for the immediate preservation of the public peace, health, or
safety, or support of the state government and its existing
public institutions, and shall take effect immediately [May
15, 1991].
(2) Sections 801 through 804, 808, and 809 of this act
shall take effect October 1, 1991. [1991 c 200 § 1119.]
90.58.143
90.58.147
90.58.150
90.58.160
90.58.170
90.58.175
90.58.180
[Title 90 RCW—page 94]
Short title.
Legislative findings—State policy enunciated—Use preference.
Definitions and concepts.
Program applicable to shorelines of the state.
Environmental excellence program agreements—Effect on
chapter.
Program as cooperative between local government and
state—Responsibilities differentiated.
Review and adoption of guidelines—Public hearings, notice
of—Amendments.
Application of guidelines and master programs to agricultural activities.
Local governments to submit letters of intent—Department
to act upon failure of local government.
Timetable for local governments to develop or amend master programs.
Approval of master program or segments or amendments
thereof, when—Procedure—Departmental alternatives
when shorelines of statewide significance—Later adoption of master program supersedes departmental program.
Programs as constituting use regulations—Duties when preparing programs and amendments thereto—Program
contents.
Development of program within two or more adjacent local
government jurisdictions—Development of program in
segments, when.
Adoption of rules, programs, etc., subject to RCW 34.05.310
through 34.05.395—Public hearings, notice of—Public
inspection after approval or adoption.
Involvement of all persons and entities having interest,
means.
Development permits—Grounds for granting—
Administration by local government, conditions—
Applications—Notices—Rescission—Approval when
permit for variance or conditional use.
Time requirements—Substantial development permits, variances, conditional use permits.
Substantial development permit—Exemption for projects to
improve fish or wildlife habitat or fish passage.
Selective commercial timber cutting, when.
Prohibition against surface drilling for oil or gas, where.
Shorelines hearings board—Established—Members—
Chairman—Quorum for decision—Expenses of members.
Rules and regulations.
Appeals from granting, denying, or rescinding permits—
Board to act—Local government appeals to board—
(2002 Ed.)
Shoreline Management Act of 1971
Grounds for declaring rule, regulation, or guideline
invalid—Appeals to court.
90.58.185 Appeals involving single family residences—Composition of
board—Rules to expedite appeals.
90.58.190 Appeal of department’s decision to adopt or amend a master
program.
90.58.195 Shoreline master plan review—Local governments with
coastal waters or coastal shorelines.
90.58.200 Rules and regulations.
90.58.210 Court actions to insure against conflicting uses and to enforce—Civil penalty—Review.
90.58.220 General penalty.
90.58.230 Violators liable for damages resulting from violation—
Attorney’s fees and costs.
90.58.240 Additional authority granted department and local governments.
90.58.250 Department to cooperate with local governments—Grants for
development of master programs.
90.58.260 State to represent its interest before federal agencies, interstate agencies and courts.
90.58.270 Nonapplication to certain structures, docks, developments,
etc., placed in navigable waters—Nonapplication to
certain rights of action, authority.
90.58.280 Application to all state agencies, counties, public and municipal corporations.
90.58.290 Restrictions as affecting fair market value of property.
90.58.300 Department as regulating state agency—Special authority.
90.58.310 Designation of shorelines of statewide significance by legislature—Recommendation by director, procedure.
90.58.320 Height limitation respecting permits.
90.58.340 Use policies for land adjacent to shorelines, development of.
90.58.350 Nonapplication to treaty rights.
90.58.355 Hazardous substance remedial actions—Procedural requirements not applicable.
90.58.360 Existing requirements for permits, certificates, etc., not obviated.
90.58.370 Processing of permits or authorizations for emergency water
withdrawal and facilities to be expedited.
90.58.380 Adoption of wetland manual.
90.58.390 Certain secure community transition facilities not subject to
chapter.
90.58.515 Watershed restoration projects—Exemption.
90.58.550 Oil or natural gas exploration in marine waters—
Definitions—Application for permit—Requirements—
Review—Enforcement.
90.58.560 Oil or natural gas exploration—Violations of RCW
90.58.550—Penalty—Appeal.
90.58.570 Consultation before responding to federal coastal zone management certificates.
90.58.600 Conformance with chapter 43.97 RCW required.
90.58.900 Liberal construction—1971 ex.s. c 286.
90.58.910 Severability—1971 ex.s. c 286.
90.58.911 Severability—1983 c 138.
90.58.920 Effective date—1971 ex.s. c 286.
Marine oil pollution—Baseline study program: RCW 43.21A.405 through
43.21A.420.
90.58.010 Short title. This chapter shall be known
and may be cited as the "Shoreline Management Act of
1971". [1971 ex.s. c 286 § 1.]
90.58.020 Legislative findings—State policy enunciated—Use preference. The legislature finds that the
shorelines of the state are among the most valuable and
fragile of its natural resources and that there is great concern
throughout the state relating to their utilization, protection,
restoration, and preservation. In addition it finds that ever
increasing pressures of additional uses are being placed on
the shorelines necessitating increased coordination in the
management and development of the shorelines of the state.
The legislature further finds that much of the shorelines of
(2002 Ed.)
Chapter 90.58
the state and the uplands adjacent thereto are in private
ownership; that unrestricted construction on the privately
owned or publicly owned shorelines of the state is not in the
best public interest; and therefore, coordinated planning is
necessary in order to protect the public interest associated
with the shorelines of the state while, at the same time,
recognizing and protecting private property rights consistent
with the public interest. There is, therefor, a clear and
urgent demand for a planned, rational, and concerted effort,
jointly performed by federal, state, and local governments,
to prevent the inherent harm in an uncoordinated and
piecemeal development of the state’s shorelines.
It is the policy of the state to provide for the management of the shorelines of the state by planning for and
fostering all reasonable and appropriate uses. This policy is
designed to insure the development of these shorelines in a
manner which, while allowing for limited reduction of rights
of the public in the navigable waters, will promote and
enhance the public interest. This policy contemplates
protecting against adverse effects to the public health, the
land and its vegetation and wildlife, and the waters of the
state and their aquatic life, while protecting generally public
rights of navigation and corollary rights incidental thereto.
The legislature declares that the interest of all of the
people shall be paramount in the management of shorelines
of statewide significance. The department, in adopting
guidelines for shorelines of statewide significance, and local
government, in developing master programs for shorelines of
statewide significance, shall give preference to uses in the
following order of preference which:
(1) Recognize and protect the statewide interest over
local interest;
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of the
shorelines;
(6) Increase recreational opportunities for the public in
the shoreline;
(7) Provide for any other element as defined in RCW
90.58.100 deemed appropriate or necessary.
In the implementation of this policy the public’s
opportunity to enjoy the physical and aesthetic qualities of
natural shorelines of the state shall be preserved to the
greatest extent feasible consistent with the overall best
interest of the state and the people generally. To this end
uses shall be preferred which are consistent with control of
pollution and prevention of damage to the natural environment, or are unique to or dependent upon use of the state’s
shoreline. Alterations of the natural condition of the
shorelines of the state, in those limited instances when
authorized, shall be given priority for single family residences and their appurtenant structures, ports, shoreline
recreational uses including but not limited to parks, marinas,
piers, and other improvements facilitating public access to
shorelines of the state, industrial and commercial developments which are particularly dependent on their location on
or use of the shorelines of the state and other development
that will provide an opportunity for substantial numbers of
the people to enjoy the shorelines of the state. Alterations
of the natural condition of the shorelines and shorelands of
the state shall be recognized by the department. Shorelines
[Title 90 RCW—page 95]
90.58.020
Title 90 RCW: Water Rights—Environment
and shorelands of the state shall be appropriately classified
and these classifications shall be revised when circumstances
warrant regardless of whether the change in circumstances
occurs through man-made causes or natural causes. Any
areas resulting from alterations of the natural condition of
the shorelines and shorelands of the state no longer meeting
the definition of "shorelines of the state" shall not be subject
to the provisions of chapter 90.58 RCW.
Permitted uses in the shorelines of the state shall be designed and conducted in a manner to minimize, insofar as
practical, any resultant damage to the ecology and environment of the shoreline area and any interference with the
public’s use of the water. [1995 c 347 § 301; 1992 c 105 §
1; 1982 1st ex.s. c 13 § 1; 1971 ex.s. c 286 § 2.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
90.58.030 Definitions and concepts. As used in this
chapter, unless the context otherwise requires, the following
definitions and concepts apply:
(1) Administration:
(a) "Department" means the department of ecology;
(b) "Director" means the director of the department of
ecology;
(c) "Local government" means any county, incorporated
city, or town which contains within its boundaries any lands
or waters subject to this chapter;
(d) "Person" means an individual, partnership, corporation, association, organization, cooperative, public or
municipal corporation, or agency of the state or local
governmental unit however designated;
(e) "Hearing board" means the shoreline hearings board
established by this chapter.
(2) Geographical:
(a) "Extreme low tide" means the lowest line on the
land reached by a receding tide;
(b) "Ordinary high water mark" on all lakes, streams,
and tidal water is that mark that will be found by examining
the bed and banks and ascertaining where the presence and
action of waters are so common and usual, and so long
continued in all ordinary years, as to mark upon the soil a
character distinct from that of the abutting upland, in respect
to vegetation as that condition exists on June 1, 1971, as it
may naturally change thereafter, or as it may change
thereafter in accordance with permits issued by a local
government or the department: PROVIDED, That in any
area where the ordinary high water mark cannot be found,
the ordinary high water mark adjoining salt water shall be
the line of mean higher high tide and the ordinary high water
mark adjoining fresh water shall be the line of mean high
water;
(c) "Shorelines of the state" are the total of all "shorelines" and "shorelines of statewide significance" within the
state;
(d) "Shorelines" means all of the water areas of the
state, including reservoirs, and their associated shorelands,
together with the lands underlying them; except (i) shorelines
of statewide significance; (ii) shorelines on segments of
streams upstream of a point where the mean annual flow is
twenty cubic feet per second or less and the wetlands
associated with such upstream segments; and (iii) shorelines
[Title 90 RCW—page 96]
on lakes less than twenty acres in size and wetlands associated with such small lakes;
(e) "Shorelines of statewide significance" means the
following shorelines of the state:
(i) The area between the ordinary high water mark and
the western boundary of the state from Cape Disappointment
on the south to Cape Flattery on the north, including harbors,
bays, estuaries, and inlets;
(ii) Those areas of Puget Sound and adjacent salt waters
and the Strait of Juan de Fuca between the ordinary high
water mark and the line of extreme low tide as follows:
(A) Nisqually Delta—from DeWolf Bight to Tatsolo
Point,
(B) Birch Bay—from Point Whitehorn to Birch Point,
(C) Hood Canal—from Tala Point to Foulweather Bluff,
(D) Skagit Bay and adjacent area—from Brown Point to
Yokeko Point, and
(E) Padilla Bay—from March Point to William Point;
(iii) Those areas of Puget Sound and the Strait of Juan
de Fuca and adjacent salt waters north to the Canadian line
and lying seaward from the line of extreme low tide;
(iv) Those lakes, whether natural, artificial, or a combination thereof, with a surface acreage of one thousand acres
or more measured at the ordinary high water mark;
(v) Those natural rivers or segments thereof as follows:
(A) Any west of the crest of the Cascade range downstream of a point where the mean annual flow is measured
at one thousand cubic feet per second or more,
(B) Any east of the crest of the Cascade range downstream of a point where the annual flow is measured at two
hundred cubic feet per second or more, or those portions of
rivers east of the crest of the Cascade range downstream
from the first three hundred square miles of drainage area,
whichever is longer;
(vi) Those shorelands associated with (i), (ii), (iv), and
(v) of this subsection (2)(e);
(f) "Shorelands" or "shoreland areas" means those lands
extending landward for two hundred feet in all directions as
measured on a horizontal plane from the ordinary high water
mark; floodways and contiguous floodplain areas landward
two hundred feet from such floodways; and all wetlands and
river deltas associated with the streams, lakes, and tidal
waters which are subject to the provisions of this chapter;
the same to be designated as to location by the department
of ecology. Any county or city may determine that portion
of a one-hundred-year-flood plain to be included in its
master program as long as such portion includes, as a
minimum, the floodway and the adjacent land extending
landward two hundred feet therefrom;
(g) "Floodway" means those portions of the area of a
river valley lying streamward from the outer limits of a
watercourse upon which flood waters are carried during
periods of flooding that occur with reasonable regularity,
although not necessarily annually, said floodway being
identified, under normal condition, by changes in surface soil
conditions or changes in types or quality of vegetative
ground cover condition. The floodway shall not include
those lands that can reasonably be expected to be protected
from flood waters by flood control devices maintained by or
maintained under license from the federal government, the
state, or a political subdivision of the state;
(2002 Ed.)
Shoreline Management Act of 1971
(h) "Wetlands" means areas that are inundated or
saturated by surface water or ground water at a frequency
and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions.
Wetlands generally include swamps, marshes, bogs, and
similar areas. Wetlands do not include those artificial
wetlands intentionally created from nonwetland sites,
including, but not limited to, irrigation and drainage ditches,
grass-lined swales, canals, detention facilities, wastewater
treatment facilities, farm ponds, and landscape amenities, or
those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road,
street, or highway. Wetlands may include those artificial
wetlands intentionally created from nonwetland areas to
mitigate the conversion of wetlands.
(3) Procedural terms:
(a) "Guidelines" means those standards adopted to
implement the policy of this chapter for regulation of use of
the shorelines of the state prior to adoption of master
programs. Such standards shall also provide criteria to local
governments and the department in developing master
programs;
(b) "Master program" shall mean the comprehensive use
plan for a described area, and the use regulations together
with maps, diagrams, charts, or other descriptive material
and text, a statement of desired goals, and standards developed in accordance with the policies enunciated in RCW
90.58.020;
(c) "State master program" is the cumulative total of all
master programs approved or adopted by the department of
ecology;
(d) "Development" means a use consisting of the
construction or exterior alteration of structures; dredging;
drilling; dumping; filling; removal of any sand, gravel, or
minerals; bulkheading; driving of piling; placing of obstructions; or any project of a permanent or temporary nature
which interferes with the normal public use of the surface of
the waters overlying lands subject to this chapter at any state
of water level;
(e) "Substantial development" shall mean any development of which the total cost or fair market value exceeds
five thousand dollars, or any development which materially
interferes with the normal public use of the water or shorelines of the state. The dollar threshold established in this
subsection (3)(e) must be adjusted for inflation by the office
of financial management every five years, beginning July 1,
2007, based upon changes in the consumer price index
during that time period. "Consumer price index" means, for
any calendar year, that year’s annual average consumer price
index, Seattle, Washington area, for urban wage earners and
clerical workers, all items, compiled by the bureau of labor
and statistics, United States department of labor. The office
of financial management must calculate the new dollar
threshold and transmit it to the office of the code reviser for
publication in the Washington State Register at least one
month before the new dollar threshold is to take effect. The
following shall not be considered substantial developments
for the purpose of this chapter:
(i) Normal maintenance or repair of existing structures
or developments, including damage by accident, fire, or
elements;
(2002 Ed.)
90.58.030
(ii) Construction of the normal protective bulkhead
common to single family residences;
(iii) Emergency construction necessary to protect
property from damage by the elements;
(iv) Construction and practices normal or necessary for
farming, irrigation, and ranching activities, including agricultural service roads and utilities on shorelands, and the
construction and maintenance of irrigation structures including but not limited to head gates, pumping facilities, and
irrigation channels. A feedlot of any size, all processing
plants, other activities of a commercial nature, alteration of
the contour of the shorelands by leveling or filling other than
that which results from normal cultivation, shall not be
considered normal or necessary farming or ranching activities. A feedlot shall be an enclosure or facility used or
capable of being used for feeding livestock hay, grain,
silage, or other livestock feed, but shall not include land for
growing crops or vegetation for livestock feeding and/or
grazing, nor shall it include normal livestock wintering
operations;
(v) Construction or modification of navigational aids
such as channel markers and anchor buoys;
(vi) Construction on shorelands by an owner, lessee, or
contract purchaser of a single family residence for his own
use or for the use of his or her family, which residence does
not exceed a height of thirty-five feet above average grade
level and which meets all requirements of the state agency
or local government having jurisdiction thereof, other than
requirements imposed pursuant to this chapter;
(vii) Construction of a dock, including a community
dock, designed for pleasure craft only, for the private
noncommercial use of the owner, lessee, or contract purchaser of single and multiple family residences. This exception
applies if either: (A) In salt waters, the fair market value of
the dock does not exceed two thousand five hundred dollars;
or (B) in fresh waters, the fair market value of the dock does
not exceed ten thousand dollars, but if subsequent construction having a fair market value exceeding two thousand five
hundred dollars occurs within five years of completion of the
prior construction, the subsequent construction shall be
considered a substantial development for the purpose of this
chapter;
(viii) Operation, maintenance, or construction of canals,
waterways, drains, reservoirs, or other facilities that now
exist or are hereafter created or developed as a part of an
irrigation system for the primary purpose of making use of
system waters, including return flow and artificially stored
ground water for the irrigation of lands;
(ix) The marking of property lines or corners on state
owned lands, when such marking does not significantly
interfere with normal public use of the surface of the water;
(x) Operation and maintenance of any system of dikes,
ditches, drains, or other facilities existing on September 8,
1975, which were created, developed, or utilized primarily
as a part of an agricultural drainage or diking system;
(xi) Site exploration and investigation activities that are
prerequisite to preparation of an application for development
authorization under this chapter, if:
(A) The activity does not interfere with the normal
public use of the surface waters;
(B) The activity will have no significant adverse impact
on the environment including, but not limited to, fish,
[Title 90 RCW—page 97]
90.58.030
Title 90 RCW: Water Rights—Environment
wildlife, fish or wildlife habitat, water quality, and aesthetic
values;
(C) The activity does not involve the installation of a
structure, and upon completion of the activity the vegetation
and land configuration of the site are restored to conditions
existing before the activity;
(D) A private entity seeking development authorization
under this section first posts a performance bond or provides
other evidence of financial responsibility to the local
jurisdiction to ensure that the site is restored to preexisting
conditions; and
(E) The activity is not subject to the permit requirements of RCW 90.58.550;
(xii) The process of removing or controlling an aquatic
noxious weed, as defined in RCW 17.26.020, through the
use of an herbicide or other treatment methods applicable to
weed control that are recommended by a final environmental
impact statement published by the department of agriculture
or the department jointly with other state agencies under
chapter 43.21C RCW. [2002 c 230 § 2; 1996 c 265 § 1.
Prior: 1995 c 382 § 10; 1995 c 255 § 5; 1995 c 237 § 1;
1987 c 474 § 1; 1986 c 292 § 1; 1982 1st ex.s. c 13 § 2;
1980 c 2 § 3; 1979 ex.s. c 84 § 3; 1975 1st ex.s. c 182 § 1;
1973 1st ex.s. c 203 § 1; 1971 ex.s. c 286 § 3.]
Finding—Intent—2002 c 230: "The legislature finds that the dollar
threshold for what constitutes substantial development under the shoreline
management act has not been changed since 1986. The legislature
recognizes that the effects of inflation have brought in many activities under
the jurisdiction of chapter 90.58 RCW that would have been exempted
under its original provisions. It is the intent of the legislature to modify the
current dollar threshold for what constitutes substantial development under
the shoreline management act, and to have this threshold readjusted on a
five-year basis." [2002 c 230 § 1.]
Severability—Effective date—1995 c 255: See RCW 17.26.900 and
17.26.901.
Severability—1986 c 292: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [1986 c 292 § 5.]
Intent—1980 c 2; 1979 ex.s. c 84: "The legislature finds that high
tides and hurricane force winds on February 13, 1979, caused conditions
resulting in the catastrophic destruction of the Hood Canal bridge on state
route 104, a state highway on the federal-aid system; and, as a consequence,
the state of Washington has sustained a sudden and complete failure of a
major segment of highway system with a disastrous impact on transportation
services between the counties of Washington’s Olympic peninsula and the
remainder of the state. The governor has by proclamation found that these
conditions constitute an emergency. To minimize the economic loss and
hardship to residents of the Puget Sound and Olympic peninsula regions, it
is the intent of 1979 ex.s. c 84 to authorize the department of transportation
to undertake immediately all necessary actions to restore interim transportation services across Hood Canal and Puget Sound and upon the Kitsap and
Olympic peninsulas and to design and reconstruct a permanent bridge at the
site of the original Hood Canal bridge. The department of transportation is
directed to proceed with such actions in an environmentally responsible
manner that would meet the substantive objectives of the state environmental policy act and the shorelines management act, and shall consult with the
department of ecology in the planning process. The exemptions from the
state environmental policy act and the shorelines management act contained
in RCW 43.21C.032 and 90.58.030 are intended to approve and ratify the
timely actions of the department of transportation taken and to be taken to
restore interim transportation services and to reconstruct a permanent Hood
Canal bridge without procedural delays." [1980 c 2 § 1; 1979 ex.s. c 84 §
1.]
90.58.040 Program applicable to shorelines of the
state. The shoreline management program of this chapter
[Title 90 RCW—page 98]
shall apply to the shorelines of the state as defined in this
chapter. [1971 ex.s. c 286 § 4.]
90.58.045 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any other
provision of law, any legal requirement under this chapter,
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions
of an environmental excellence program agreement, entered
into under chapter 43.21K RCW. [1997 c 381 § 28.]
Purpose—1997 c 381: See RCW 43.21K.005.
90.58.050 Program as cooperative between local
government and state—Responsibilities differentiated.
This chapter establishes a cooperative program of shoreline
management between local government and the state. Local
government shall have the primary responsibility for initiating the planning required by this chapter and administering
the regulatory program consistent with the policy and
provisions of this chapter. The department shall act primarily in a supportive and review capacity with an emphasis on
providing assistance to local government and on insuring
compliance with the policy and provisions of this chapter.
[1995 c 347 § 303; 1971 ex.s. c 286 § 5.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
90.58.060 Review and adoption of guidelines—
Public hearings, notice of—Amendments. (1) The
department shall periodically review and adopt guidelines
consistent with RCW 90.58.020, containing the elements
specified in RCW 90.58.100 for:
(a) Development of master programs for regulation of
the uses of shorelines; and
(b) Development of master programs for regulation of
the uses of shorelines of statewide significance.
(2) Before adopting or amending guidelines under this
section, the department shall provide an opportunity for
public review and comment as follows:
(a) The department shall mail copies of the proposal to
all cities, counties, and federally recognized Indian tribes,
and to any other person who has requested a copy, and shall
publish the proposed guidelines in the Washington state
register. Comments shall be submitted in writing to the
department within sixty days from the date the proposal has
been published in the register.
(b) The department shall hold at least four public
hearings on the proposal in different locations throughout the
state to provide a reasonable opportunity for residents in all
parts of the state to present statements and views on the
proposed guidelines. Notice of the hearings shall be published at least once in each of the three weeks immediately
preceding the hearing in one or more newspapers of general
circulation in each county of the state. If an amendment to
the guidelines addresses an issue limited to one geographic
area, the number and location of hearings may be adjusted
consistent with the intent of this subsection to assure all
parties a reasonable opportunity to comment on the proposed
amendment. The department shall accept written comments
on the proposal during the sixty-day public comment period
and for seven days after the final public hearing.
(2002 Ed.)
Shoreline Management Act of 1971
90.58.060
(c) At the conclusion of the public comment period, the
department shall review the comments received and modify
the proposal consistent with the provisions of this chapter.
The proposal shall then be published for adoption pursuant
to the provisions of chapter 34.05 RCW.
(3) The department may propose amendments to the
guidelines not more than once each year. At least once
every five years the department shall conduct a review of the
guidelines pursuant to the procedures outlined in subsection
(2) of this section. [1995 c 347 § 304; 1971 ex.s. c 286 §
6.]
pipes, tapes, canals, ditches, and drains; (ii) corridors and
facilities for transporting personnel, livestock, and equipment
to, from, and within agricultural lands; (iii) farm residences
and associated equipment, lands, and facilities; and (iv)
roadside stands and on-farm markets for marketing fruit or
vegetables; and
(d) "Agricultural land" means those specific land areas
on which agriculture activities are conducted.
(3) The department and local governments shall assure
that local shoreline master programs use definitions consistent with the definitions in this section. [2002 c 298 § 1.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
2002.
90.58.065 Application of guidelines and master
programs to agricultural activities. (1) The guidelines
adopted by the department and master programs developed
or amended by local governments according to RCW
90.58.080 shall not require modification of or limit agricultural activities occurring on agricultural lands. In jurisdictions where agricultural activities occur, master programs
developed or amended after June 13, 2002, shall include
provisions addressing new agricultural activities on land not
meeting the definition of agricultural land, conversion of
agricultural lands to other uses, and development not meeting
the definition of agricultural activities. Nothing in this
section limits or changes the terms of the *current exception
to the definition of substantial development in RCW
90.58.030(3)(e)(iv). This section applies only to this chapter,
and shall not affect any other authority of local governments.
(2) For the purposes of this section:
(a) "Agricultural activities" means agricultural uses and
practices including, but not limited to: Producing, breeding,
or increasing agricultural products; rotating and changing
agricultural crops; allowing land used for agricultural
activities to lie fallow in which it is plowed and tilled but
left unseeded; allowing land used for agricultural activities
to lie dormant as a result of adverse agricultural market
conditions; allowing land used for agricultural activities to
lie dormant because the land is enrolled in a local, state, or
federal conservation program, or the land is subject to a
conservation easement; conducting agricultural operations;
maintaining, repairing, and replacing agricultural equipment;
maintaining, repairing, and replacing agricultural facilities,
provided that the replacement facility is no closer to the
shoreline than the original facility; and maintaining agricultural lands under production or cultivation;
(b) "Agricultural products" includes but is not limited to
horticultural, viticultural, floricultural, vegetable, fruit, berry,
grain, hops, hay, straw, turf, sod, seed, and apiary products;
feed or forage for livestock; Christmas trees; hybrid cottonwood and similar hardwood trees grown as crops and
harvested within twenty years of planting; and livestock
including both the animals themselves and animal products
including but not limited to meat, upland finfish, poultry and
poultry products, and dairy products;
(c) "Agricultural equipment" and "agricultural facilities"
includes, but is not limited to: (i) The following used in
agricultural operations: Equipment; machinery; constructed
shelters, buildings, and ponds; fences; upland finfish rearing
facilities; water diversion, withdrawal, conveyance, and use
equipment and facilities including but not limited to pumps,
(2002 Ed.)
*Reviser’s note: "Current" first appears in chapter 298, Laws of
Implementation—2002 c 298: "The provisions of this act do not
become effective until the earlier of either January 1, 2004, or the date the
department of ecology amends or updates chapter 173-16 or 173-26 WAC."
[2002 c 298 § 2.]
90.58.070 Local governments to submit letters of
intent—Department to act upon failure of local government. (1) Local governments are directed with regard to
shorelines of the state in their various jurisdictions to submit
to the director of the department, within six months from
June 1, 1971, letters stating that they propose to complete an
inventory and develop master programs for these shorelines
as provided for in RCW 90.58.080.
(2) If any local government fails to submit a letter as
provided in subsection (1) of this section, or fails to adopt a
master program for the shorelines of the state within its
jurisdiction in accordance with the time schedule provided in
this chapter, the department shall carry out the requirements
of RCW 90.58.080 and adopt a master program for the
shorelines of the state within the jurisdiction of the local
government. [1971 ex.s. c 286 § 7.]
90.58.080 Timetable for local governments to
develop or amend master programs. Local governments
shall develop or amend, within twenty-four months after the
adoption of guidelines as provided in RCW 90.58.060, a
master program for regulation of uses of the shorelines of
the state consistent with the required elements of the
guidelines adopted by the department. [1995 c 347 § 305;
1974 ex.s. c 61 § 1; 1971 ex.s. c 286 § 8.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
90.58.090 Approval of master program or segments
or amendments thereof, when—Procedure—
Departmental alternatives when shorelines of statewide
significance—Later adoption of master program supersedes departmental program. (1) A master program,
segment of a master program, or an amendment to a master
program shall become effective when approved by the
department. Within the time period provided in RCW
90.58.080, each local government shall have submitted a
master program, either totally or by segments, for all
shorelines of the state within its jurisdiction to the department for review and approval.
(2) Upon receipt of a proposed master program or
amendment, the department shall:
(a) Provide notice to and opportunity for written
comment by all interested parties of record as a part of the
[Title 90 RCW—page 99]
90.58.090
Title 90 RCW: Water Rights—Environment
local government review process for the proposal and to all
persons, groups, and agencies that have requested in writing
notice of proposed master programs or amendments generally or for a specific area, subject matter, or issue. The
comment period shall be at least thirty days, unless the
department determines that the level of complexity or
controversy involved supports a shorter period;
(b) In the department’s discretion, conduct a public
hearing during the thirty-day comment period in the jurisdiction proposing the master program or amendment;
(c) Within fifteen days after the close of public comment, request the local government to review the issues
identified by the public, interested parties, groups, and
agencies and provide a written response as to how the
proposal addresses the identified issues;
(d) Within thirty days after receipt of the local government response pursuant to (c) of this subsection, make
written findings and conclusions regarding the consistency of
the proposal with the policy of RCW 90.58.020 and the
applicable guidelines, provide a response to the issues
identified in (c) of this subsection, and either approve the
proposal as submitted, recommend specific changes necessary to make the proposal approvable, or deny approval of
the proposal in those instances where no alteration of the
proposal appears likely to be consistent with the policy of
RCW 90.58.020 and the applicable guidelines. The written
findings and conclusions shall be provided to the local
government, all interested persons, parties, groups, and
agencies of record on the proposal;
(e) If the department recommends changes to the
proposed master program or amendment, within thirty days
after the department mails the written findings and conclusions to the local government, the local government may:
(i) Agree to the proposed changes. The receipt by the
department of the written notice of agreement constitutes
final action by the department approving the amendment; or
(ii) Submit an alternative proposal. If, in the opinion of
the department, the alternative is consistent with the purpose
and intent of the changes originally submitted by the
department and with this chapter it shall approve the changes
and provide written notice to all recipients of the written
findings and conclusions. If the department determines the
proposal is not consistent with the purpose and intent of the
changes proposed by the department, the department may
resubmit the proposal for public and agency review pursuant
to this section or reject the proposal.
(3) The department shall approve the segment of a
master program relating to shorelines unless it determines
that the submitted segments are not consistent with the
policy of RCW 90.58.020 and the applicable guidelines.
(4) The department shall approve those segments of the
master program relating to shorelines of statewide significance only after determining the program provides the
optimum implementation of the policy of this chapter to
satisfy the statewide interest. If the department does not
approve a segment of a local government master program
relating to a shoreline of statewide significance, the department may develop and by rule adopt an alternative to the
local government s proposal.
(5) In the event a local government has not complied
with the requirements of RCW 90.58.070 it may thereafter
upon written notice to the department elect to adopt a master
[Title 90 RCW—page 100]
program for the shorelines within its jurisdiction, in which
event it shall comply with the provisions established by this
chapter for the adoption of a master program for such
shorelines.
Upon approval of such master program by the department it shall supersede such master program as may have
been adopted by the department for such shorelines.
(6) A master program or amendment to a master
program takes effect when and in such form as approved or
adopted by the department. Shoreline master programs that
were adopted by the department prior to July 22, 1995, in
accordance with the provisions of this section then in effect,
shall be deemed approved by the department in accordance
with the provisions of this section that became effective on
that date. The department shall maintain a record of each
master program, the action taken on any proposal for
adoption or amendment of the master program, and any
appeal of the department’s action. The department’s
approved document of record constitutes the official master
program. [1997 c 429 § 50; 1995 c 347 § 306; 1971 ex.s.
c 286 § 9.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
90.58.100 Programs as constituting use regulations—Duties when preparing programs and amendments
thereto—Program contents. (1) The master programs
provided for in this chapter, when adopted or approved by
the department shall constitute use regulations for the various
shorelines of the state. In preparing the master programs,
and any amendments thereto, the department and local
governments shall to the extent feasible:
(a) Utilize a systematic interdisciplinary approach which
will insure the integrated use of the natural and social
sciences and the environmental design arts;
(b) Consult with and obtain the comments of any
federal, state, regional, or local agency having any special
expertise with respect to any environmental impact;
(c) Consider all plans, studies, surveys, inventories, and
systems of classification made or being made by federal,
state, regional, or local agencies, by private individuals, or
by organizations dealing with pertinent shorelines of the
state;
(d) Conduct or support such further research, studies,
surveys, and interviews as are deemed necessary;
(e) Utilize all available information regarding hydrology,
geography, topography, ecology, economics, and other
pertinent data;
(f) Employ, when feasible, all appropriate, modern
scientific data processing and computer techniques to store,
index, analyze, and manage the information gathered.
(2) The master programs shall include, when appropriate, the following:
(a) An economic development element for the location
and design of industries, industrial projects of statewide
significance, transportation facilities, port facilities, tourist
facilities, commerce and other developments that are
particularly dependent on their location on or use of the
shorelines of the state;
(2002 Ed.)
Shoreline Management Act of 1971
(b) A public access element making provision for public
access to publicly owned areas;
(c) A recreational element for the preservation and
enlargement of recreational opportunities, including but not
limited to parks, tidelands, beaches, and recreational areas;
(d) A circulation element consisting of the general
location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other public
utilities and facilities, all correlated with the shoreline use
element;
(e) A use element which considers the proposed general
distribution and general location and extent of the use on
shorelines and adjacent land areas for housing, business,
industry, transportation, agriculture, natural resources,
recreation, education, public buildings and grounds, and
other categories of public and private uses of the land;
(f) A conservation element for the preservation of
natural resources, including but not limited to scenic vistas,
aesthetics, and vital estuarine areas for fisheries and wildlife
protection;
(g) An historic, cultural, scientific, and educational
element for the protection and restoration of buildings, sites,
and areas having historic, cultural, scientific, or educational
values;
(h) An element that gives consideration to the statewide
interest in the prevention and minimization of flood damages; and
(i) Any other element deemed appropriate or necessary
to effectuate the policy of this chapter.
(3) The master programs shall include such map or
maps, descriptive text, diagrams and charts, or other descriptive material as are necessary to provide for ease of understanding.
(4) Master programs will reflect that state-owned
shorelines of the state are particularly adapted to providing
wilderness beaches, ecological study areas, and other
recreational activities for the public and will give appropriate
special consideration to same.
(5) Each master program shall contain provisions to
allow for the varying of the application of use regulations of
the program, including provisions for permits for conditional
uses and variances, to insure that strict implementation of a
program will not create unnecessary hardships or thwart the
policy enumerated in RCW 90.58.020. Any such varying
shall be allowed only if extraordinary circumstances are
shown and the public interest suffers no substantial detrimental effect. The concept of this subsection shall be incorporated in the rules adopted by the department relating to the
establishment of a permit system as provided in RCW
90.58.140(3).
(6) Each master program shall contain standards
governing the protection of single family residences and
appurtenant structures against damage or loss due to
shoreline erosion. The standards shall govern the issuance
of substantial development permits for shoreline protection,
including structural methods such as construction of bulkheads, and nonstructural methods of protection. The
standards shall provide for methods which achieve effective
and timely protection against loss or damage to single family
residences and appurtenant structures due to shoreline
erosion. The standards shall provide a preference for permit
issuance for measures to protect single family residences
(2002 Ed.)
90.58.100
occupied prior to January 1, 1992, where the proposed
measure is designed to minimize harm to the shoreline
natural environment. [1997 c 369 § 7; 1995 c 347 § 307;
1992 c 105 § 2; 1991 c 322 § 32; 1971 ex.s. c 286 § 10.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Findings—Intent—1991 c 322: See note following RCW 86.12.200.
Industrial project of statewide significance—Defined: RCW 43.157.010.
90.58.110 Development of program within two or
more adjacent local government jurisdictions—
Development of program in segments, when. (1) Whenever it shall appear to the director that a master program
should be developed for a region of the shorelines of the
state which includes lands and waters located in two or more
adjacent local government jurisdictions, the director shall
designate such region and notify the appropriate units of
local government thereof. It shall be the duty of the notified
units to develop cooperatively an inventory and master
program in accordance with and within the time provided in
RCW 90.58.080.
(2) At the discretion of the department, a local government master program may be adopted in segments applicable
to particular areas so that immediate attention may be given
to those areas of the shorelines of the state in most need of
a use regulation. [1971 ex.s. c 286 § 11.]
90.58.120 Adoption of rules, programs, etc., subject
to RCW 34.05.310 through 34.05.395—Public hearings,
notice of—Public inspection after approval or adoption.
All rules, regulations, designations, and guidelines, issued by
the department, and master programs and amendments
adopted by the department pursuant to RCW 90.58.070(2) or
90.58.090(4) shall be adopted or approved in accordance
with the provisions of RCW 34.05.310 through 34.05.395
insofar as such provisions are not inconsistent with the
provisions of this chapter. In addition:
(1) Prior to the adoption by the department of a master
program, or portion thereof pursuant to RCW 90.58.070(2)
or 90.58.090(4), at least one public hearing shall be held in
each county affected by a program or portion thereof for the
purpose of obtaining the views and comments of the public.
Notice of each such hearing shall be published at least once
in each of the three weeks immediately preceding the
hearing in one or more newspapers of general circulation in
the county in which the hearing is to be held.
(2) All guidelines, regulations, designations, or master
programs adopted or approved under this chapter shall be
available for public inspection at the office of the department
or the appropriate county and city. The terms "adopt" and
"approve" for purposes of this section, shall include modifications and rescission of guidelines. [1995 c 347 § 308;
1989 c 175 § 182; 1975 1st ex.s. c 182 § 2; 1971 ex.s. c 286
§ 12.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.
90.58.130 Involvement of all persons and entities
having interest, means. To insure that all persons and
entities having an interest in the guidelines and master
[Title 90 RCW—page 101]
90.58.130
Title 90 RCW: Water Rights—Environment
programs developed under this chapter are provided with a
full opportunity for involvement in both their development
and implementation, the department and local governments
shall:
(1) Make reasonable efforts to inform the people of the
state about the shoreline management program of this
chapter and in the performance of the responsibilities
provided in this chapter, shall not only invite but actively
encourage participation by all persons and private groups and
entities showing an interest in shoreline management
programs of this chapter; and
(2) Invite and encourage participation by all agencies of
federal, state, and local government, including municipal and
public corporations, having interests or responsibilities
relating to the shorelines of the state. State and local
agencies are directed to participate fully to insure that their
interests are fully considered by the department and local
governments. [1971 ex.s. c 286 § 13.]
90.58.140 Development permits—Grounds for
granting—Administration by local government, conditions—Applications—Notices—Rescission—Approval
when permit for variance or conditional use. (1) A
development shall not be undertaken on the shorelines of the
state unless it is consistent with the policy of this chapter
and, after adoption or approval, as appropriate, the applicable
guidelines, rules, or master program.
(2) A substantial development shall not be undertaken
on shorelines of the state without first obtaining a permit
from the government entity having administrative jurisdiction
under this chapter.
A permit shall be granted:
(a) From June 1, 1971, until such time as an applicable
master program has become effective, only when the
development proposed is consistent with: (i) The policy of
RCW 90.58.020; and (ii) after their adoption, the guidelines
and rules of the department; and (iii) so far as can be
ascertained, the master program being developed for the
area;
(b) After adoption or approval, as appropriate, by the
department of an applicable master program, only when the
development proposed is consistent with the applicable
master program and this chapter.
(3) The local government shall establish a program,
consistent with rules adopted by the department, for the
administration and enforcement of the permit system
provided in this section. The administration of the system
so established shall be performed exclusively by the local
government.
(4) Except as otherwise specifically provided in subsection (11) of this section, the local government shall require
notification of the public of all applications for permits
governed by any permit system established pursuant to
subsection (3) of this section by ensuring that notice of the
application is given by at least one of the following methods:
(a) Mailing of the notice to the latest recorded real
property owners as shown by the records of the county
assessor within at least three hundred feet of the boundary of
the property upon which the substantial development is proposed;
[Title 90 RCW—page 102]
(b) Posting of the notice in a conspicuous manner on the
property upon which the project is to be constructed; or
(c) Any other manner deemed appropriate by local
authorities to accomplish the objectives of reasonable notice
to adjacent landowners and the public.
The notices shall include a statement that any person
desiring to submit written comments concerning an application, or desiring to receive notification of the final decision
concerning an application as expeditiously as possible after
the issuance of the decision, may submit the comments or
requests for decisions to the local government within thirty
days of the last date the notice is to be published pursuant to
this subsection. The local government shall forward, in a
timely manner following the issuance of a decision, a copy
of the decision to each person who submits a request for the
decision.
If a hearing is to be held on an application, notices of
such a hearing shall include a statement that any person may
submit oral or written comments on an application at the
hearing.
(5) The system shall include provisions to assure that
construction pursuant to a permit will not begin or be
authorized until twenty-one days from the date the permit
decision was filed as provided in subsection (6) of this
section; or until all review proceedings are terminated if the
proceedings were initiated within twenty-one days from the
date of filing as defined in subsection (6) of this section
except as follows:
(a) In the case of any permit issued to the state of
Washington, department of transportation, for the construction and modification of SR 90 (I-90) on or adjacent to Lake
Washington, the construction may begin after thirty days
from the date of filing, and the permits are valid until
December 31, 1995;
(b) Construction may be commenced no sooner than
thirty days after the date of the appeal of the board’s
decision is filed if a permit is granted by the local government and (i) the granting of the permit is appealed to the
shorelines hearings board within twenty-one days of the date
of filing, (ii) the hearings board approves the granting of the
permit by the local government or approves a portion of the
substantial development for which the local government
issued the permit, and (iii) an appeal for judicial review of
the hearings board decision is filed pursuant to chapter 34.05
RCW. The appellant may request, within ten days of the
filing of the appeal with the court, a hearing before the court
to determine whether construction pursuant to the permit
approved by the hearings board or to a revised permit issued
pursuant to the order of the hearings board should not
commence. If, at the conclusion of the hearing, the court
finds that construction pursuant to such a permit would
involve a significant, irreversible damaging of the environment, the court shall prohibit the permittee from commencing the construction pursuant to the approved or revised
permit until all review proceedings are final. Construction
pursuant to a permit revised at the direction of the hearings
board may begin only on that portion of the substantial
development for which the local government had originally
issued the permit, and construction pursuant to such a
revised permit on other portions of the substantial development may not begin until after all review proceedings are
terminated. In such a hearing before the court, the burden
(2002 Ed.)
Shoreline Management Act of 1971
of proving whether the construction may involve significant
irreversible damage to the environment and demonstrating
whether such construction would or would not be appropriate
is on the appellant;
(c) If the permit is for a substantial development
meeting the requirements of subsection (11) of this section,
construction pursuant to that permit may not begin or be
authorized until twenty-one days from the date the permit
decision was filed as provided in subsection (6) of this
section.
If a permittee begins construction pursuant to subsections (a), (b), or (c) of this subsection, the construction is
begun at the permittee’s own risk. If, as a result of judicial
review, the courts order the removal of any portion of the
construction or the restoration of any portion of the environment involved or require the alteration of any portion of a
substantial development constructed pursuant to a permit, the
permittee is barred from recovering damages or costs
involved in adhering to such requirements from the local
government that granted the permit, the hearings board, or
any appellant or intervener.
(6) Any decision on an application for a permit under
the authority of this section, whether it is an approval or a
denial, shall, concurrently with the transmittal of the ruling
to the applicant, be filed with the department and the
attorney general. With regard to a permit other than a
permit governed by subsection (10) of this section, "date of
filing" as used herein means the date of actual receipt by the
department. With regard to a permit for a variance or a
conditional use, "date of filing" means the date a decision of
the department rendered on the permit pursuant to subsection
(10) of this section is transmitted by the department to the
local government. The department shall notify in writing the
local government and the applicant of the date of filing.
(7) Applicants for permits under this section have the
burden of proving that a proposed substantial development
is consistent with the criteria that must be met before a
permit is granted. In any review of the granting or denial of
an application for a permit as provided in RCW 90.58.180
(1) and (2), the person requesting the review has the burden
of proof.
(8) Any permit may, after a hearing with adequate
notice to the permittee and the public, be rescinded by the
issuing authority upon the finding that a permittee has not
complied with conditions of a permit. If the department is
of the opinion that noncompliance exists, the department
shall provide written notice to the local government and the
permittee. If the department is of the opinion that the
noncompliance continues to exist thirty days after the date of
the notice, and the local government has taken no action to
rescind the permit, the department may petition the hearings
board for a rescission of the permit upon written notice of
the petition to the local government and the permittee if the
request by the department is made to the hearings board
within fifteen days of the termination of the thirty-day notice
to the local government.
(9) The holder of a certification from the governor
pursuant to chapter 80.50 RCW shall not be required to
obtain a permit under this section.
(10) Any permit for a variance or a conditional use by
local government under approved master programs must be
submitted to the department for its approval or disapproval.
(2002 Ed.)
90.58.140
(11)(a) An application for a substantial development
permit for a limited utility extension or for the construction
of a bulkhead or other measures to protect a single family
residence and its appurtenant structures from shoreline
erosion shall be subject to the following procedures:
(i) The public comment period under subsection (4) of
this section shall be twenty days. The notice provided under
subsection (4) of this section shall state the manner in which
the public may obtain a copy of the local government
decision on the application no later than two days following
its issuance;
(ii) The local government shall issue its decision to
grant or deny the permit within twenty-one days of the last
day of the comment period specified in (i) of this subsection;
and
(iii) If there is an appeal of the decision to grant or deny
the permit to the local government legislative authority, the
appeal shall be finally determined by the legislative authority
within thirty days.
(b) For purposes of this section, a limited utility
extension means the extension of a utility service that:
(i) Is categorically exempt under chapter 43.21C RCW
for one or more of the following: Natural gas, electricity,
telephone, water, or sewer;
(ii) Will serve an existing use in compliance with this
chapter; and
(iii) Will not extend more than twenty-five hundred
linear feet within the shorelines of the state. [1995 c 347 §
309; 1992 c 105 § 3; 1990 c 201 § 2; 1988 c 22 § 1; 1984
c 7 § 386; 1977 ex.s. c 358 § 1; 1975-’76 2nd ex.s. c 51 §
1; 1975 1st ex.s. c 182 § 3; 1973 2nd ex.s. c 19 § 1; 1971
ex.s. c 286 § 14.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Finding—Intent—1990 c 201: "The legislature finds that delays in
substantial development permit review for the extension of vital utility
services to existing and lawful uses within the shorelines of the state have
caused hardship upon existing residents without serving any of the purposes
and policies of the shoreline management act. It is the intent of this act to
provide a more expeditious permit review process for that limited category
of utility extension activities only, while fully preserving safeguards of
public review and appeal rights regarding permit applications and decisions." [1990 c 201 § 1.]
Severability—1984 c 7: See note following RCW 47.01.141.
90.58.143 Time requirements—Substantial development permits, variances, conditional use permits. (1) The
time requirements of this section shall apply to all substantial
development permits and to any development authorized
pursuant to a variance or conditional use permit authorized
under this chapter. Upon a finding of good cause, based on
the requirements and circumstances of the project proposed
and consistent with the policy and provisions of the master
program and this chapter, local government may adopt
different time limits from those set forth in subsections (2)
and (3) of this section as a part of action on a substantial
development permit.
(2) Construction activities shall be commenced or,
where no construction activities are involved, the use or
activity shall be commenced within two years of the effective date of a substantial development permit. However,
local government may authorize a single extension for a
period not to exceed one year based on reasonable factors,
[Title 90 RCW—page 103]
90.58.143
Title 90 RCW: Water Rights—Environment
if a request for extension has been filed before the expiration
date and notice of the proposed extension is given to parties
of record on the substantial development permit and to the
department.
(3) Authorization to conduct construction activities shall
terminate five years after the effective date of a substantial
development permit. However, local government may
authorize a single extension for a period not to exceed one
year based on reasonable factors, if a request for extension
has been filed before the expiration date and notice of the
proposed extension is given to parties of record and to the
department.
(4) The effective date of a substantial development
permit shall be the date of filing as provided in RCW
90.58.140(6). The permit time periods in subsections (2)
and (3) of this section do not include the time during which
a use or activity was not actually pursued due to the pendency of administrative appeals or legal actions or due to the
need to obtain any other government permits and approvals
for the development that authorize the development to proceed, including all reasonably related administrative or legal
actions on any such permits or approvals. [1997 c 429 § 51;
1996 c 62 § 1.]
Severability—1997 c 429: See note following RCW 36.70A.3201.
90.58.147 Substantial development permit—
Exemption for projects to improve fish or wildlife habitat
or fish passage. (1) A public or private project that is
designed to improve fish or wildlife habitat or fish passage
shall be exempt from the substantial development permit
requirements of this chapter when all of the following apply:
(a) The project has been approved by the department of
fish and wildlife;
(b) The project has received hydraulic project approval
by the department of fish and wildlife pursuant to *chapter
75.20 RCW; and
(c) The local government has determined that the project
is substantially consistent with the local shoreline master
program. The local government shall make such determination in a timely manner and provide it by letter to the project
proponent.
(2) Fish habitat enhancement projects that conform to
the provisions of **RCW 75.20.350 are determined to be
consistent with local shoreline master programs. [1998 c
249 § 4; 1995 c 333 § 1.]
Reviser’s note: *(1) Chapter 75.20 RCW was recodified as chapter
77.55 RCW by 2000 c 107. See Comparative Table for that chapter in the
Table of Disposition of Former RCW Sections, Volume 0.
**(2) RCW 75.20.350 was recodified as RCW 77.55.290 pursuant to
2000 c 107 § 129.
Findings—Purpose—Report—Effective date—1998 c 249: See
notes following RCW 77.55.290.
90.58.150 Selective commercial timber cutting,
when. With respect to timber situated within two hundred
feet abutting landward of the ordinary high water mark
within shorelines of statewide significance, the department or
local government shall allow only selective commercial
timber cutting, so that no more than thirty percent of the
merchantable trees may be harvested in any ten year period
of time: PROVIDED, That other timber harvesting methods
may be permitted in those limited instances where the
[Title 90 RCW—page 104]
topography, soil conditions or silviculture practices necessary
for regeneration render selective logging ecologically
detrimental: PROVIDED FURTHER, That clear cutting of
timber which is solely incidental to the preparation of land
for other uses authorized by this chapter may be permitted.
[1971 ex.s. c 286 § 15.]
90.58.160 Prohibition against surface drilling for oil
or gas, where. Surface drilling for oil or gas is prohibited
in the waters of Puget Sound north to the Canadian boundary
and the Strait of Juan de Fuca seaward from the ordinary
high water mark and on all lands within one thousand feet
landward from said mark. [1971 ex.s. c 286 § 16.]
90.58.170 Shorelines hearings board—Established—
Members—Chairman—Quorum for decision—Expenses
of members. A shorelines hearings board sitting as a quasi
judicial body is hereby established within the environmental
hearings office under RCW 43.21B.005. The shorelines
hearings board shall be made up of six members: Three
members shall be members of the pollution control hearings
board; two members, one appointed by the association of
Washington cities and one appointed by the association of
county commissioners, both to serve at the pleasure of the
associations; and the commissioner of public lands or his or
her designee. The chairman of the pollution control hearings
board shall be the chairman of the shorelines hearings board.
Except as provided in RCW 90.58.185, a decision must be
agreed to by at least four members of the board to be final.
The members of the shorelines board shall receive the compensation, travel, and subsistence expenses as provided in
RCW 43.03.050 and 43.03.060. [1994 c 253 § 1; 1988 c
128 § 76; 1979 ex.s. c 47 § 6; 1971 ex.s. c 286 § 17.]
Intent—1979 ex.s. c 47: See note following RCW 43.21B.005.
90.58.175 Rules and regulations. The shorelines
hearings board may adopt rules and regulations governing
the administrative practice and procedure in and before the
board. [1973 1st ex.s. c 203 § 3.]
90.58.180 Appeals from granting, denying, or
rescinding permits—Board to act—Local government
appeals to board—Grounds for declaring rule, regulation, or guideline invalid—Appeals to court. (1) Any
person aggrieved by the granting, denying, or rescinding of
a permit on shorelines of the state pursuant to RCW
90.58.140 may seek review from the shorelines hearings
board by filing a petition for review within twenty-one days
of the date of filing as defined in RCW 90.58.140(6).
Within seven days of the filing of any petition for
review with the board as provided in this section pertaining
to a final decision of a local government, the petitioner shall
serve copies of the petition on the department, the office of
the attorney general, and the local government. The department and the attorney general may intervene to protect the
public interest and insure that the provisions of this chapter
are complied with at any time within fifteen days from the
date of the receipt by the department or the attorney general
of a copy of the petition for review filed pursuant to this
section. The shorelines hearings board shall schedule review
proceedings on the petition for review without regard as to
(2002 Ed.)
Shoreline Management Act of 1971
whether the period for the department or the attorney general
to intervene has or has not expired.
(2) The department or the attorney general may obtain
review of any final decision granting a permit, or granting or
denying an application for a permit issued by a local
government by filing a written petition with the shorelines
hearings board and the appropriate local government within
twenty-one days from the date the final decision was filed as
provided in RCW 90.58.140(6).
(3) The review proceedings authorized in subsections (1)
and (2) of this section are subject to the provisions of
chapter 34.05 RCW pertaining to procedures in adjudicative
proceedings. Judicial review of such proceedings of the
shorelines hearings board is governed by chapter 34.05
RCW. The board shall issue its decision on the appeal
authorized under subsections (1) and (2) of this section
within one hundred eighty days after the date the petition is
filed with the board or a petition to intervene is filed by the
department or the attorney general, whichever is later. The
time period may be extended by the board for a period of
thirty days upon a showing of good cause or may be waived
by the parties.
(4) Any person may appeal any rules, regulations, or
guidelines adopted or approved by the department within
thirty days of the date of the adoption or approval. The
board shall make a final decision within sixty days following
the hearing held thereon.
(5) The board shall find the rule, regulation, or guideline
to be valid and enter a final decision to that effect unless it
determines that the rule, regulation, or guideline:
(a) Is clearly erroneous in light of the policy of this
chapter; or
(b) Constitutes an implementation of this chapter in
violation of constitutional or statutory provisions; or
(c) Is arbitrary and capricious; or
(d) Was developed without fully considering and
evaluating all material submitted to the department during
public review and comment; or
(e) Was not adopted in accordance with required
procedures.
(6) If the board makes a determination under subsection
(5)(a) through (e) of this section, it shall enter a final
decision declaring the rule, regulation, or guideline invalid,
remanding the rule, regulation, or guideline to the department with a statement of the reasons in support of the determination, and directing the department to adopt, after a
thorough consultation with the affected local government and
any other interested party, a new rule, regulation, or guideline consistent with the board’s decision.
(7) A decision of the board on the validity of a rule,
regulation, or guideline shall be subject to review in superior
court, if authorized pursuant to chapter 34.05 RCW. A
petition for review of the decision of the shorelines hearings
board on a rule, regulation, or guideline shall be filed within
thirty days after the date of final decision by the shorelines
hearings board. [1997 c 199 § 1; 1995 c 347 § 310; 1994
c 253 § 3; 1989 c 175 § 183; 1986 c 292 § 2; 1975-’76 2nd
ex.s. c 51 § 2; 1975 1st ex.s. c 182 § 4; 1973 1st ex.s. c 203
§ 2; 1971 ex.s. c 286 § 18.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.
(2002 Ed.)
90.58.180
Severability—1986 c 292: See note following RCW 90.58.030.
Appeal under this chapter also subject of appeal under state environmental
policy act: RCW 43.21C.075.
90.58.185 Appeals involving single family residences—Composition of board—Rules to expedite appeals.
(1) In the case of an appeal involving a single family
residence or appurtenance to a single family residence,
including a dock or pier designed to serve a single family
residence, the request for review may be heard by a panel of
three board members, at least one and not more than two of
whom shall be members of the pollution control hearings
board. Two members of the three must agree to issue a final
decision of the board.
(2) The board shall define by rule alternative processes
to expedite appeals. These alternatives may include:
Mediation, upon agreement of all parties; submission of
testimony by affidavit; or other forms that may lead to less
formal and faster resolution of appeals. [1994 c 253 § 2.]
90.58.190 Appeal of department’s decision to adopt
or amend a master program. (1) The appeal of the
department s decision to adopt a master program or amendment pursuant to RCW 90.58.070(2) or 90.58.090(4) is
governed by RCW 34.05.510 through 34.05.598.
(2)(a) The department’s decision to approve, reject, or
modify a proposed master program or amendment adopted
by a local government planning under RCW 36.70A.040
shall be appealed to the growth management hearings board
with jurisdiction over the local government. The appeal
shall be initiated by filing a petition as provided in RCW
36.70A.250 through 36.70A.320.
(b) If the appeal to the growth management hearings
board concerns shorelines, the growth management hearings
board shall review the proposed master program or amendment for compliance with the requirements of this chapter
and chapter 36.70A RCW, the policy of RCW 90.58.020 and
the applicable guidelines, and chapter 43.21C RCW as it
relates to the adoption of master programs and amendments
under chapter 90.58 RCW.
(c) If the appeal to the growth management hearings
board concerns a shoreline of statewide significance, the
board shall uphold the decision by the department unless the
board, by clear and convincing evidence, determines that the
decision of the department is inconsistent with the policy of
RCW 90.58.020 and the applicable guidelines.
(d) The appellant has the burden of proof in all appeals
to the growth management hearings board under this
subsection.
(e) Any party aggrieved by a final decision of a growth
management hearings board under this subsection may
appeal the decision to superior court as provided in RCW
36.70A.300.
(3)(a) The department’s decision to approve, reject, or
modify a proposed master program or master program
amendment by a local government not planning under RCW
36.70A.040 shall be appealed to the shorelines hearings
board by filing a petition within thirty days of the date of the
department s written notice to the local government of the
department s decision to approve, reject, or modify a proposed master program or master program amendment as
provided in RCW 90.58.090(2).
[Title 90 RCW—page 105]
90.58.190
Title 90 RCW: Water Rights—Environment
(b) In an appeal relating to shorelines, the shorelines
hearings board shall review the proposed master program or
master program amendment and, after full consideration of
the presentations of the local government and the department, shall determine the validity of the local government’s
master program or amendment in light of the policy of RCW
90.58.020 and the applicable guidelines.
(c) In an appeal relating to shorelines of statewide
significance, the shorelines hearings board shall uphold the
decision by the department unless the board determines, by
clear and convincing evidence that the decision of the
department is inconsistent with the policy of RCW 90.58.020
and the applicable guidelines.
(d) Review by the shorelines hearings board shall be
considered an adjudicative proceeding under chapter 34.05
RCW, the Administrative Procedure Act. The aggrieved
local government shall have the burden of proof in all such
reviews.
(e) Whenever possible, the review by the shorelines
hearings board shall be heard within the county where the
land subject to the proposed master program or master
program amendment is primarily located. The department
and any local government aggrieved by a final decision of
the hearings board may appeal the decision to superior court
as provided in chapter 34.05 RCW.
(4) A master program amendment shall become effective after the approval of the department or after the decision
of the shorelines hearings board to uphold the master
program or master program amendment, provided that the
board may remand the master program or master program
adjustment to the local government or the department for
modification prior to the final adoption of the master
program or master program amendment. [1995 c 347 § 311;
1989 c 175 § 184; 1986 c 292 § 3; 1971 ex.s. c 286 § 19.]
Finding—Severability—Part headings and table of contents not
law—1995 c 347: See notes following RCW 36.70A.470.
Effective date—1989 c 175: See note following RCW 34.05.010.
Severability—1986 c 292: See note following RCW 90.58.030.
90.58.195 Shoreline master plan review—Local
governments with coastal waters or coastal shorelines.
(1) The department of ecology, in cooperation with other
state agencies and coastal local governments, shall prepare
and adopt ocean use guidelines and policies to be used in
reviewing, and where appropriate, amending, shoreline
master programs of local governments with coastal waters or
coastal shorelines within their boundaries. These guidelines
shall be finalized by April 1, 1990.
(2) After the department of ecology has adopted the
guidelines required in subsection (1) of this section, counties,
cities, and towns with coastal waters or coastal shorelines
shall review their shoreline master programs to ensure that
the programs conform with RCW 43.143.010 and 43.143.030
and with the department of ecology’s ocean use guidelines.
Amended master programs shall be submitted to the department of ecology for its approval under RCW 90.58.090 by
June 30, 1991. [1989 1st ex.s. c 2 § 13.]
90.58.200 Rules and regulations. The department
and local governments are authorized to adopt such rules as
[Title 90 RCW—page 106]
are necessary and appropriate to carry out the provisions of
this chapter. [1971 ex.s. c 286 § 20.]
90.58.210 Court actions to insure against conflicting
uses and to enforce—Civil penalty—Review. (1) Except
as provided in RCW 43.05.060 through 43.05.080 and
43.05.150, the attorney general or the attorney for the local
government shall bring such injunctive, declaratory, or other
actions as are necessary to insure that no uses are made of
the shorelines of the state in conflict with the provisions and
programs of this chapter, and to otherwise enforce the
provisions of this chapter.
(2) Any person who shall fail to conform to the terms
of a permit issued under this chapter or who shall undertake
development on the shorelines of the state without first
obtaining any permit required under this chapter shall also be
subject to a civil penalty not to exceed one thousand dollars
for each violation. Each permit violation or each day of
continued development without a required permit shall
constitute a separate violation.
(3) The penalty provided for in this section shall be
imposed by a notice in writing, either by certified mail with
return receipt requested or by personal service, to the person
incurring the same from the department or local government,
describing the violation with reasonable particularity and
ordering the act or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring
necessary corrective action to be taken within a specific and
reasonable time.
(4) Within thirty days after the notice is received, the
person incurring the penalty may apply in writing to the
department for remission or mitigation of such penalty.
Upon receipt of the application, the department or local government may remit or mitigate the penalty upon whatever
terms the department or local government in its discretion
deems proper. Any penalty imposed pursuant to this section
by the department shall be subject to review by the shorelines hearings board. Any penalty imposed pursuant to this
section by local government shall be subject to review by the
local government legislative authority. Any penalty jointly
imposed by the department and local government shall be
appealed to the shorelines hearings board. [1995 c 403 §
637; 1986 c 292 § 4; 1971 ex.s. c 286 § 21.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
Severability—1986 c 292: See note following RCW 90.58.030.
90.58.220 General penalty. In addition to incurring
civil liability under RCW 90.58.210, any person found to
have wilfully engaged in activities on the shorelines of the
state in violation of the provisions of this chapter or any of
the master programs, rules, or regulations adopted pursuant
thereto shall be guilty of a gross misdemeanor, and shall be
punished by a fine of not less than twenty-five nor more
than one thousand dollars or by imprisonment in the county
jail for not more than ninety days, or by both such fine and
imprisonment: PROVIDED, That the fine for the third and
all subsequent violations in any five-year period shall be not
less than five hundred nor more than ten thousand dollars:
(2002 Ed.)
Shoreline Management Act of 1971
PROVIDED FURTHER, That fines for violations of RCW
90.58.550, or any rule adopted thereunder, shall be determined under RCW 90.58.560. [1983 c 138 § 3; 1971 ex.s.
c 286 § 22.]
90.58.230 Violators liable for damages resulting
from violation—Attorney’s fees and costs. Any person
subject to the regulatory program of this chapter who
violates any provision of this chapter or permit issued
pursuant thereto shall be liable for all damage to public or
private property arising from such violation, including the
cost of restoring the affected area to its condition prior to
violation. The attorney general or local government attorney
shall bring suit for damages under this section on behalf of
the state or local governments. Private persons shall have
the right to bring suit for damages under this section on their
own behalf and on the behalf of all persons similarly
situated. If liability has been established for the cost of
restoring an area affected by a violation the court shall make
provision to assure that restoration will be accomplished
within a reasonable time at the expense of the violator. In
addition to such relief, including money damages, the court
in its discretion may award attorney’s fees and costs of the
suit to the prevailing party. [1971 ex.s. c 286 § 23.]
90.58.240 Additional authority granted department
and local governments. In addition to any other powers
granted hereunder, the department and local governments
may:
(1) Acquire lands and easements within shorelines of the
state by purchase, lease, or gift, either alone or in concert
with other governmental entities, when necessary to achieve
implementation of master programs adopted hereunder;
(2) Accept grants, contributions, and appropriations from
any agency, public or private, or individual for the purposes
of this chapter;
(3) Appoint advisory committees to assist in carrying
out the purposes of this chapter;
(4) Contract for professional or technical services
required by it which cannot be performed by its employees.
[1972 ex.s. c 53 § 1; 1971 ex.s. c 286 § 24.]
90.58.250 Department to cooperate with local
governments—Grants for development of master programs. The department is directed to cooperate fully with
local governments in discharging their responsibilities under
this chapter. Funds shall be available for distribution to
local governments on the basis of applications for preparation of master programs. Such applications shall be submitted in accordance with regulations developed by the department. The department is authorized to make and administer
grants within appropriations authorized by the legislature to
any local government within the state for the purpose of
developing a master shorelines program.
No grant shall be made in an amount in excess of the
recipient’s contribution to the estimated cost of such program. [1971 ex.s. c 286 § 25.]
90.58.260 State to represent its interest before
federal agencies, interstate agencies and courts. The state,
through the department of ecology and the attorney general,
(2002 Ed.)
90.58.220
shall represent its interest before water resource regulation
management, development, and use agencies of the United
States, including among others, the federal power commission, environmental protection agency, corps of engineers,
department of the interior, department of agriculture and the
atomic energy commission, before interstate agencies and the
courts with regard to activities or uses of shorelines of the
state and the program of this chapter. Where federal or
interstate agency plans, activities, or procedures conflict with
state policies, all reasonable steps available shall be taken by
the state to preserve the integrity of its policies. [1971 ex.s.
c 286 § 26.]
90.58.270 Nonapplication to certain structures,
docks, developments, etc., placed in navigable waters—
Nonapplication to certain rights of action, authority. (1)
Nothing in this statute shall constitute authority for requiring
or ordering the removal of any structures, improvements,
docks, fills, or developments placed in navigable waters prior
to December 4, 1969, and the consent and authorization of
the state of Washington to the impairment of public rights of
navigation, and corollary rights incidental thereto, caused by
the retention and maintenance of said structures, improvements, docks, fills or developments are hereby granted:
PROVIDED, That the consent herein given shall not relate
to any structures, improvements, docks, fills, or developments placed on tidelands, shorelands, or beds underlying
said waters which are in trespass or in violation of state
statutes.
(2) Nothing in this section shall be construed as altering
or abridging any private right of action, other than a private
right which is based upon the impairment of public rights
consented to in subsection (1) hereof.
(3) Nothing in this section shall be construed as altering
or abridging the authority of the state or local governments
to suppress or abate nuisances or to abate pollution.
(4) Subsection (1) of this section shall apply to any case
pending in the courts of this state on June 1, 1971 relating
to the removal of structures, improvements, docks, fills, or
developments based on the impairment of public navigational
rights. [1971 ex.s. c 286 § 27.]
90.58.280 Application to all state agencies, counties,
public and municipal corporations. The provisions of this
chapter shall be applicable to all agencies of state government, counties, and public and municipal corporations and to
all shorelines of the state owned or administered by them.
[1971 ex.s. c 286 § 28.]
90.58.290 Restrictions as affecting fair market value
of property. The restrictions imposed by this chapter shall
be considered by the county assessor in establishing the fair
market value of the property. [1971 ex.s. c 286 § 29.]
90.58.300 Department as regulating state agency—
Special authority. The department of ecology is designated
the state agency responsible for the program of regulation of
the shorelines of the state, including coastal shorelines and
the shorelines of the inner tidal waters of the state, and is
authorized to cooperate with the federal government and
sister states and to receive benefits of any statutes of the
[Title 90 RCW—page 107]
90.58.300
Title 90 RCW: Water Rights—Environment
United States whenever enacted which relate to the programs
of this chapter. [1971 ex.s. c 286 § 30.]
90.58.310 Designation of shorelines of statewide
significance by legislature—Recommendation by director,
procedure. Additional shorelines of the state shall be
designated shorelines of statewide significance only by
affirmative action of the legislature.
The director of the department may, however, from time
to time, recommend to the legislature areas of the shorelines
of the state which have statewide significance relating to
special economic, ecological, educational, developmental,
recreational, or aesthetic values to be designated as shorelines of statewide significance.
Prior to making any such recommendation the director
shall hold a public hearing in the county or counties where
the shoreline under consideration is located. It shall be the
duty of the county commissioners of each county where such
a hearing is conducted to submit their views with regard to
a proposed designation to the director at such date as the
director determines but in no event shall the date be later
than sixty days after the public hearing in the county. [1971
ex.s. c 286 § 31.]
90.58.320 Height limitation respecting permits. No
permit shall be issued pursuant to this chapter for any new
or expanded building or structure of more than thirty-five
feet above average grade level on shorelines of the state that
will obstruct the view of a substantial number of residences
on areas adjoining such shorelines except where a master
program does not prohibit the same and then only when
overriding considerations of the public interest will be
served. [1971 ex.s. c 286 § 32.]
90.58.340 Use policies for land adjacent to shorelines, development of. All state agencies, counties, and
public and municipal corporations shall review administrative
and management policies, regulations, plans, and ordinances
relative to lands under their respective jurisdictions adjacent
to the shorelines of the state so as the [to] achieve a use
policy on said land consistent with the policy of this chapter,
the guidelines, and the master programs for the shorelines of
the state. The department may develop recommendations for
land use control for such lands. Local governments shall, in
developing use regulations for such areas, take into consideration any recommendations developed by the department as
well as any other state agencies or units of local government.
[1971 ex.s. c 286 § 34.]
90.58.350 Nonapplication to treaty rights. Nothing
in this chapter shall affect any rights established by treaty to
which the United States is a party. [1971 ex.s. c 286 § 35.]
90.58.355 Hazardous substance remedial actions—
Procedural requirements not applicable. The procedural
requirements of this chapter shall not apply to any person
conducting a remedial action at a facility pursuant to a
consent decree, order, or agreed order issued pursuant to
chapter 70.105D RCW, or to the department of ecology
when it conducts a remedial action under chapter 70.105D
RCW. The department of ecology shall ensure compliance
[Title 90 RCW—page 108]
with the substantive requirements of this chapter through the
consent decree, order, or agreed order issued pursuant to
chapter 70.105D RCW, or during the department-conducted
remedial action, through the procedures developed by the
department pursuant to RCW 70.105D.090. [1994 c 257 §
20.]
Severability—1994 c 257: See note following RCW 36.70A.270.
90.58.360 Existing requirements for permits,
certificates, etc., not obviated. Nothing in this chapter shall
obviate any requirement to obtain any permit, certificate,
license, or approval from any state agency or local government. [1971 ex.s. c 286 § 36.]
90.58.370 Processing of permits or authorizations
for emergency water withdrawal and facilities to be
expedited. All state and local agencies with authority under
this chapter to issue permits or other authorizations in
connection with emergency water withdrawals and facilities
authorized under RCW 43.83B.410 shall expedite the
processing of such permits or authorizations in keeping with
the emergency nature of such requests and shall provide a
decision to the applicant within fifteen calendar days of the
date of application. [1989 c 171 § 11; 1987 c 343 § 5.]
Severability—1989 c 171: See note following RCW 43.83B.400.
Severability—1987 c 343: See note following RCW 43.83B.300.
90.58.380 Adoption of wetland manual. The
department by rule shall adopt a manual for the delineation
of wetlands under this chapter that implements and is
consistent with the 1987 manual in use on January 1, 1995,
by the United States army corps of engineers and the United
States environmental protection agency. If the corps of
engineers and the environmental protection agency adopt
changes to or a different manual, the department shall consider those changes and may adopt rules implementing those
changes. [1995 c 382 § 11.]
90.58.390 Certain secure community transition
facilities not subject to chapter. (Expires June 30, 2009.)
An emergency has been caused by the need to expeditiously
site facilities to house sexually violent predators who have
been committed under chapter 71.09 RCW. To meet this
emergency, secure community transition facilities sited
pursuant to the preemption provisions of RCW 71.09.342
and secure facilities sited pursuant to the preemption
provisions of RCW 71.09.250 are not subject to the provisions of this chapter.
This section expires June 30, 2009. [2002 c 68 § 13.]
Purpose—Severability—Effective date—2002 c 68: See notes
following RCW 36.70A.200.
90.58.515 Watershed restoration projects—
Exemption. Watershed restoration projects as defined in
RCW 89.08.460 are exempt from the requirement to obtain
a substantial development permit. Local government shall
review the projects for consistency with the locally adopted
shoreline master program in an expeditious manner and shall
issue its decision along with any conditions within forty-five
days of receiving a complete consolidated application form
from the applicant. No fee may be charged for accepting
(2002 Ed.)
Shoreline Management Act of 1971
and processing applications for watershed restoration projects
as used in this section. [1995 c 378 § 16.]
90.58.550 Oil or natural gas exploration in marine
waters—Definitions—Application for permit—
Requirements—Review—Enforcement. (1) Within this
section the following definitions apply:
(a) "Exploration activity" means reconnaissance or
survey work related to gathering information about geologic
features and formations underlying or adjacent to marine
waters;
(b) "Marine waters" include the waters of Puget Sound
north to the Canadian border, the waters of the Strait of Juan
de Fuca, the waters between the western boundary of the
state and the ordinary high water mark, and related bays and
estuaries;
(c) "Vessel" includes ships, boats, barges, or any other
floating craft.
(2) A person desiring to perform oil or natural gas
exploration activities by vessel located on or within marine
waters of the state shall first obtain a permit from the
department of ecology. The department may approve an
application for a permit only if it determines that the
proposed activity will not:
(a) Interfere materially with the normal public uses of
the marine waters of the state;
(b) Interfere with activities authorized by a permit
issued under RCW 90.58.140(2);
(c) Injure the marine biota, beds, or tidelands of the
waters;
(d) Violate water quality standards established by the
department; or
(e) Create a public nuisance.
(3) Decisions on an application under subsection (2) of
this section are subject to review only by the pollution
control hearings board under chapter 43.21B RCW.
(4) This section does not apply to activities conducted
by an agency of the United States or the state of Washington.
(5) This section does not lessen, reduce, or modify
RCW 90.58.160.
(6) The department may adopt rules necessary to
implement this section.
(7) The attorney general shall enforce this section.
[1983 c 138 § 1.]
Ocean resources management act: Chapter 43.143 RCW.
Transport of petroleum products or hazardous substances: Chapter 88.40
RCW.
90.58.560 Oil or natural gas exploration—Violations
of RCW 90.58.550—Penalty—Appeal. (1) Except as
provided in RCW 43.05.060 through 43.05.080 and
43.05.150, a person who violates RCW 90.58.550, or any
rule adopted thereunder, is subject to a penalty in an amount
of up to five thousand dollars a day for every such violation.
Each and every such violation shall be a separate and
distinct offense, and in case of a continuing violation, every
day’s continuance shall be and be deemed to be a separate
and distinct violation. Every act of commission or omission
which procures, aids or abets in the violation shall be
90.58.515
considered a violation under the provisions of this section
and subject to the penalty provided for in this section.
(2) The penalty shall be imposed by a notice in writing,
either by certified mail with return receipt requested or by
personal service, to the person incurring the penalty from the
director or the director’s representative describing such
violation with reasonable particularity. The director or the
director’s representative may, upon written application
therefor received within fifteen days after notice imposing
any penalty is received by the person incurring the penalty,
and when deemed to carry out the purposes of this chapter,
remit or mitigate any penalty provided for in this section
upon such terms as he or she deems proper, and shall have
authority to ascertain the facts upon all such applications in
such manner and under such regulations as he or she may
deem proper.
(3) Any person incurring any penalty under this section
may appeal the penalty to the hearings board as provided for
in chapter 43.21B RCW. Such appeals shall be filed within
thirty days of receipt of notice imposing any penalty unless
an application for remission or mitigation is made to the department. When an application for remission or mitigation
is made, such appeals shall be filed within thirty days of
receipt of notice from the director or the director’s representative setting forth the disposition of the application. Any
penalty imposed under this section shall become due and
payable thirty days after receipt of a notice imposing the
same unless application for remission or mitigation is made
or an appeal is filed. When an application for remission or
mitigation is made, any penalty incurred hereunder shall
become due and payable thirty days after receipt of notice
setting forth the disposition of the application unless an
appeal is filed from such disposition. Whenever an appeal
of any penalty incurred under this section is filed, the
penalty shall become due and payable only upon completion
of all review proceedings and the issuance of a final order
confirming the penalty in whole or in part.
(4) If the amount of any penalty is not paid to the
department within thirty days after it becomes due and
payable, the attorney general, upon the request of the director, shall bring an action in the name of the state of
Washington in the superior court of Thurston county or of
any county in which such violator may do business, to
recover such penalty. In all such actions the procedure and
rules of evidence shall be the same as an ordinary civil
action except as otherwise in this chapter provided. All
penalties recovered under this section shall be paid into the
state treasury and credited to the general fund. [1995 c 403
§ 638; 1983 c 138 § 2.]
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
90.58.570 Consultation before responding to federal
coastal zone management certificates. The department of
ecology shall consult with affected state agencies, local
governments, Indian tribes, and the public prior to responding to federal coastal zone management consistency certifications for uses and activities occurring on the federal outer
continental shelf. [1989 1st ex.s. c 2 § 15.]
Severability—1989 1st ex.s. c 2: See RCW 43.143.902.
(2002 Ed.)
[Title 90 RCW—page 109]
90.58.600
Title 90 RCW: Water Rights—Environment
90.58.600 Conformance with chapter 43.97 RCW
required. With respect to the National Scenic Area, as
defined in the Columbia [River] Gorge National Scenic Area
Act, P.L. 99-663, the exercise of any power or authority by
a local government or the department of ecology pursuant to
this chapter shall be subject to and in conformity with the
requirements of chapter 43.97 RCW, including the management plan regulations and ordinances adopted by the
Columbia River Gorge commission pursuant to the Compact.
[1987 c 499 § 10.]
90.58.900 Liberal construction—1971 ex.s. c 286.
This chapter is exempted from the rule of strict construction,
and it shall be liberally construed to give full effect to the
objectives and purposes for which it was enacted. [1971
ex.s. c 286 § 37.]
90.58.910 Severability—1971 ex.s. c 286. If any
provision of this chapter, or its application to any person or
legal entity or circumstances, is held invalid, the remainder
of the act, or the application of the provision to other
persons or legal entities or circumstances, shall not be
affected. [1971 ex.s. c 286 § 40.]
90.58.911 Severability—1983 c 138. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1983 c 138 § 4.]
90.58.920 Effective date—1971 ex.s. c 286. This
chapter is necessary for the immediate preservation of the
public peace, health and safety, the support of the state
government, and its existing institutions. This 1971 act shall
take effect on June 1, 1971. The director of ecology is
authorized to immediately take such steps as are necessary
to insure that this 1971 act is implemented on its effective
date. [1971 ex.s. c 286 § 41.]
Chapter 90.64
DAIRY NUTRIENT MANAGEMENT
(Formerly: Dairy waste management)
Sections
90.64.005
90.64.010
90.64.015
90.64.017
90.64.020
90.64.023
90.64.026
90.64.028
90.64.030
90.64.040
90.64.050
90.64.070
90.64.080
Findings.
Definitions.
Environmental excellence program agreements—Effect on
chapter.
Registration of dairy producers—Information required—
Information to producers regarding chapter.
Concentrated dairy animal feeding operation—Designation—
Permit.
Inspection program.
Dairy nutrient management plans—Elements—Approval—
Timelines—Certification.
Appeals from denial of plan approval or certification—Dairy
producer-requested hearings—Extension of timelines.
Investigation of dairy farms—Report of findings—
Corrective action—Violations of water quality laws—
Waivers—Penalties.
Appeal from actions and orders of the department.
Duties of department—Annual report to commission.
Duties of conservation district.
Duties of conservation commission.
[Title 90 RCW—page 110]
90.64.100
90.64.110
90.64.120
90.64.130
90.64.140
90.64.150
90.64.160
90.64.800
90.64.810
90.64.811
90.64.900
Parties’ liability.
Rules.
Department’s authority under federal law or chapter 90.48
RCW not affected.
Data base.
Technical assistance teams—Standards and specifications for
dairy nutrient management plans.
Dairy waste management account.
Grants for dairy producers—Statement of environmental
benefits—Development of outcome-focused performance
measures.
Reports to the legislature.
Dairy nutrient management task force.
Dairy nutrient management task force—Recommendations.
Effective date—1998 c 262.
90.64.005 Findings. The legislature finds that there
is a need to establish a clear and understandable process that
provides for the proper and effective management of dairy
nutrients that affect the quality of surface or ground waters
in the state of Washington. The legislature finds that there
is a need for a program that will provide a stable and
predictable business climate upon which dairy farms may
base future investment decisions.
The legislature finds that federal regulations require a
permit program for dairies with over seven hundred head of
mature cows and, other specified dairy farms that directly
discharge into waters or are otherwise significant contributors of pollution. The legislature finds that significant work
has been ongoing over a period of time and that the intent of
this chapter is to take the consensus that has been developed
and place it into statutory form.
It is also the intent of this chapter to establish an
inspection and technical assistance program for dairy farms
to address the discharge of pollution to surface and ground
waters of the state that will lead to water quality compliance
by the industry. A further purpose is to create a balanced
program involving technical assistance, regulation, and
enforcement with coordination and oversight of the program
by a *committee composed of industry, agency, and other
representatives. Furthermore, it is the objective of this
chapter to maintain the administration of the water quality
program as it relates to dairy operations at the state level.
It is also the intent of this chapter to recognize the
existing working relationships between conservation districts,
the conservation commission, and the department of ecology
in protecting water quality of the state. A further purpose of
this chapter is to provide statutory recognition of the
coordination of the functions of conservation districts, the
conservation commission, and the department of ecology
pertaining to development of dairy waste management plans
for the protection of water quality. [1998 c 262 § 1; 1993
c 221 § 1.]
*Reviser’s note: The dairy nutrient management program advisory
and oversight committee was created in section 8, chapter 262, Laws of
1998, which was vetoed.
90.64.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "*Advisory and oversight committee" means a
balanced committee of agency, dairy farm, and interest group
representatives convened to provide oversight and direction
to the dairy nutrient management program.
(2002 Ed.)
Dairy Nutrient Management
(2) "Bypass" means the intentional diversion of waste
streams from any portion of a treatment facility.
(3) "Catastrophic" means a tornado, hurricane, earthquake, flood, or other extreme condition that causes an
overflow from a required waste retention structure.
(4) "Certification" means:
(a) The acknowledgment by a local conservation district
that a dairy producer has constructed or otherwise put in
place the elements necessary to implement his or her dairy
nutrient management plan; and
(b) The acknowledgment by a dairy producer that he or
she is managing dairy nutrients as specified in his or her
approved dairy nutrient management plan.
(5) "Chronic" means a series of wet weather events that
precludes the proper operation of a dairy nutrient management system that is designed for the current herd size.
(6) "Conservation commission" or "commission" means
the conservation commission under chapter 89.08 RCW.
(7) "Conservation districts" or "district" means a
subdivision of state government organized under chapter
89.08 RCW.
(8) "Concentrated dairy animal feeding operation" means
a dairy animal feeding operation subject to regulation under
this chapter which the director designates under RCW
90.64.020 or meets the following criteria:
(a) Has more than seven hundred mature dairy cows,
whether milked or dry cows, that are confined; or
(b) Has more than two hundred head of mature dairy
cattle, whether milked or dry cows, that are confined and
either:
(i) From which pollutants are discharged into navigable
waters through a manmade ditch, flushing system, or other
similar manmade device; or
(ii) From which pollutants are discharged directly into
surface or ground waters of the state that originate outside of
and pass over, across, or through the facility or otherwise
come into direct contact with the animals confined in the
operation.
(9) "Dairy animal feeding operation" means a lot or
facility where the following conditions are met:
(a) Dairy animals that have been, are, or will be stabled
or confined and fed for a total of forty-five days or more in
any twelve-month period; and
(b) Crops, vegetation forage growth, or postharvest
residues are not sustained in the normal growing season over
any portion of the lot or facility. Two or more dairy animal
feeding operations under common ownership are considered,
for the purposes of this chapter, to be a single dairy animal
feeding operation if they adjoin each other or if they use a
common area for land application of wastes.
(10) "Dairy farm" means any farm that is licensed to
produce milk under chapter 15.36 RCW.
(11) "Dairy nutrient" means any organic waste produced
by dairy cows or a dairy farm operation.
(12) "Dairy nutrient management plan" means a plan
meeting the requirements established under RCW 90.64.026.
(13) "Dairy nutrient management technical assistance
team" means one or more professional engineers and local
conservation district employees convened to serve one of
four distinct geographic areas in the state.
(14) "Dairy producer" means a person who owns or
operates a dairy farm.
(2002 Ed.)
90.64.010
(15) "Department" means the department of ecology
under chapter 43.21A RCW.
(16) "Director" means the director of the department of
ecology, or his or her designee.
(17) "Upset" means an exceptional incident in which
there is an unintentional and temporary noncompliance with
technology-based permit effluent limitations because of
factors beyond the reasonable control of the dairy. An upset
does not include noncompliance to the extent caused by
operational error, improperly designed treatment facilities,
inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(18) "Violation" means the following acts or omissions:
(a) A discharge of pollutants into the waters of the state,
except those discharges that are due to a chronic or catastrophic event, or to an upset as provided in 40 C.F.R. Sec.
122.41, or to a bypass as provided in 40 C.F.R. Sec. 122.41,
and that occur when:
(i) A dairy producer has a current national pollutant discharge elimination system permit with a wastewater system
designed, operated, and maintained for the current herd size
and that contains all process-generated wastewater plus
average annual precipitation minus evaporation plus contaminated storm water runoff from a twenty-five year, twentyfour hour rainfall event for that specific location, and the
dairy producer has complied with all permit conditions,
including dairy nutrient management plan conditions for
appropriate land application practices; or
(ii) A dairy producer does not have a national pollutant
discharge elimination system permit, but has complied with
all of the elements of a dairy nutrient management plan that:
Prevents the discharge of pollutants to waters of the state, is
commensurate with the dairy producer’s current herd size,
and is approved and certified under RCW 90.64.026;
(b) Failure to register as required under RCW
90.64.017; or
(c) The lack of an approved dairy nutrient management
plan by July 1, 2002; or
(d) The lack of a certified dairy nutrient management
plan for a dairy farm after December 31, 2003. [1998 c 262
§ 2; 1993 c 221 § 2.]
*Reviser’s note: The dairy nutrient management program advisory
and oversight committee was created in section 8, chapter 262, Laws of
1998, which was vetoed.
90.64.015 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any other
provision of law, any legal requirement under this chapter,
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions
of an environmental excellence program agreement, entered
into under chapter 43.21K RCW. [1997 c 381 § 29.]
Purpose—1997 c 381: See RCW 43.21K.005.
90.64.017 Registration of dairy producers—
Information required—Information to producers regarding chapter. (1) Every dairy producer licensed under
chapter 15.36 RCW shall register with the department by
September 1, 1998, and shall reregister with the department
by September 1st of every even-numbered year. Every dairy
producer licensed after September 1, 1998, shall register with
[Title 90 RCW—page 111]
90.64.017
Title 90 RCW: Water Rights—Environment
the department within sixty days of licensing. The purpose
of registration is to provide and update baseline information
for the dairy nutrient management program.
(2) To facilitate registration, the department shall obtain
from the food safety and animal health division of the
department of agriculture a current list of all licensed dairy
producers in the state and mail a registration form to each
licensed dairy producer no later than July 15, 1998.
(3) At a minimum, the form shall require the following
information as of the date the form is completed:
(a) The name and address of the operator of the dairy
farm;
(b) The name and address of the dairy farm;
(c) The telephone number of the dairy farm;
(d) The number of cows in the dairy farm;
(e) The number of young stock in the dairy farm;
(f) The number of acres owned and rented in the dairy
farm;
(g) Whether the dairy producer, to the best of his or her
knowledge, has a plan for managing dairy nutrient discharges
that is commensurate with the size of his or her herd, and
whether the plan is being fully implemented; and
(h) If the fields where dairy nutrients are being applied
belong to someone other than the dairy producer whose farm
operation generated the nutrients, the name, address, and
telephone number of the owners of the property accepting
the dairy nutrients.
(4) In the mailing to dairy producers containing the
registration form, the department shall also provide clear and
comprehensive information regarding the requirements of
this chapter.
(5) The department shall require the registrant to
provide only information that is not already available from
other sources accessible to the department, such as dairy
licensing information. [1998 c 262 § 3.]
90.64.020 Concentrated dairy animal feeding
operation—Designation—Permit. (1) The director of the
department of ecology may designate any dairy animal
feeding operation as a concentrated dairy animal feeding
operation upon determining that it is a significant contributor
of pollution to the surface or ground waters of the state. In
making this designation the director shall consider the
following factors:
(a) The size of the animal feeding operation and the
amount of wastes reaching waters of the state;
(b) The location of the animal feeding operation relative
to waters of the state;
(c) The means of conveyance of animal wastes and
process waters into the waters of the state;
(d) The slope, vegetation, rainfall, and other factors
affecting the likelihood or frequency of discharge of animal
wastes and process waste waters into the waters of the state;
and
(e) Other relevant factors as established by the department by rule.
(2) A notice of intent to apply for a permit shall not be
required from a concentrated dairy animal feeding operation
designated under this section until the director has conducted
an on-site inspection of the operation and determined that the
[Title 90 RCW—page 112]
operation should and could be regulated under the permit
program. [1993 c 221 § 3.]
90.64.023 Inspection program. (1) By October 1,
1998, the department shall initiate an inspection program of
all dairy farms in the state. The purpose of the inspections
is to:
(a) Survey for evidence of violations;
(b) Identify corrective actions for actual or imminent
discharges that violate or could violate the state’s water
quality standards;
(c) Monitor the development and implementation of
dairy nutrient management plans; and
(d) Identify dairy producers who would benefit from
technical assistance programs.
(2) Local conservation district employees may, at their
discretion, accompany department inspectors on any scheduled inspection of dairy farms except random, unannounced
inspections.
(3) Follow-up inspections shall be conducted by the
department to ensure that corrective and other actions as
identified in the course of initial inspections are being
carried out. The department shall also conduct such additional inspections as are necessary to ensure compliance with
state and federal water quality requirements, provided that all
licensed dairy farms shall be inspected once within two years
of the start of this program. The department, in consultation
with the *advisory and oversight committee established in
section 8 of this act, shall develop performance-based criteria
to determine the frequency of inspections.
(4) Dairy farms shall be prioritized for inspection based
on the development of criteria that include, but are not
limited to, the following factors:
(a) Existence or implementation of a dairy nutrient
management plan;
(b) Proximity to impaired waters of the state; and
(c) Proximity to all other waters of the state. The
criteria developed to implement this subsection (4) shall be
reviewed by the *advisory and oversight committee. [1998
c 262 § 5.]
*Reviser’s note: The dairy nutrient management program advisory
and oversight committee was created in section 8, chapter 262, Laws of
1998, which was vetoed.
90.64.026 Dairy nutrient management plans—
Elements—Approval—Timelines—Certification. (1) Except for those producers who already have a certified dairy
nutrient management plan as required under the terms and
conditions of an individual or general national pollutant
discharge elimination system permit, all dairy producers
licensed under chapter 15.36 RCW, regardless of size, shall
prepare a dairy nutrient management plan. If at any time a
dairy nutrient management plan fails to prevent the discharge
of pollutants to waters of the state, it shall be required to be
updated.
(2) By November 1, 1998, the conservation commission,
in conjunction with the *advisory and oversight committee
established under section 8 of this act shall develop a
document clearly describing the elements that a dairy nutrient management plan must contain to gain local conservation district approval.
(2002 Ed.)
Dairy Nutrient Management
(3) In developing the elements that an approved dairy
nutrient management plan must contain, the commission may
authorize the use of other methods and technologies than
those developed by the natural resources conservation service
when such alternatives have been evaluated by the *advisory
and oversight committee. Alternative methods and technologies shall meet the standards and specifications of:
(a) The natural resources conservation service as
modified by the geographically based standards developed
under RCW 90.64.140; or
(b) A professional engineer with expertise in the area of
dairy nutrient management.
(4) In evaluating alternative technologies and methods,
the principal objectives of the *committee’s evaluation shall
be determining:
(a) Whether there is a substantial likelihood that, once
implemented, the alternative technologies and methods would
not violate water quality requirements;
(b) Whether more cost-effective methods can be
successfully implemented in some or all categories of dairy
operations; and
(c) Whether the technologies and methods approved or
provided by the natural resources conservation service for
use by confined animal feeding operations are necessarily
required for other categories of dairy operations.
In addition, the *committee shall encourage the conservation commission and the conservation districts to apply in
dairy nutrient management plans technologies and methods
that are appropriate to the needs of the specific type of
operation and the specific farm site and to avoid imposing
requirements that are not necessary for the specific dairy
producer to achieve compliance with water quality requirements.
(5) Such plans shall be submitted for approval to the
local conservation district where the dairy farm is located,
and shall be approved by conservation districts no later than
by July 1, 2002. The conservation commission, in conjunction with conservation districts, shall develop a statewide
schedule of plan development and approval to ensure
adequate resources are available to have all plans approved
by July 1, 2002.
(6) If a dairy producer leases land for dairy production
from an owner who has prohibited the development of
capital improvements, such as storage lagoons, on the leased
property, the dairy producer shall indicate in his or her dairy
nutrient management plan that such improvements are
prohibited by the landowner and shall describe other methods, such as land application, that will be employed by the
dairy producer to manage dairy nutrients.
(7) Notwithstanding the timelines in this section, any
dairy farm licensed after September 1, 1998, shall have six
months from the date of licensing to develop a dairy nutrient
management plan and another eighteen months to fully
implement that plan.
(8) If a plan contains the elements identified in subsection (2) of this section, a conservation district shall approve
the plan no later than ninety days after receiving the plan.
If the plan does not contain the elements identified in
subsection (2) of this section, the local conservation district
shall notify the dairy producer in writing of modifications
needed in the plan no later than ninety days after receiving
the plan. The dairy producer shall provide a revised plan
(2002 Ed.)
90.64.026
that includes the needed modifications within ninety days of
the date of the local conservation district notification. If the
dairy producer does not agree with, or otherwise takes
exception to, the modifications requested by the local
conservation district, the dairy producer may initiate the
appeals process described in RCW 90.64.028 within thirty
days of receiving the letter of notification.
(9) An approved plan shall be certified by a conservation district and a dairy producer when the elements necessary to implement the plan have been constructed or otherwise put in place, and are being used as designed and
intended. A certification form shall be developed by the
conservation commission for use statewide and shall provide
for a signature by both a conservation district representative
and a dairy producer. Certification forms shall be signed by
December 31, 2003, and a copy provided to the department
for recording in the data base established in RCW 90.64.130.
(10) The ability of dairy producers to comply with the
planning requirements of this chapter depends, in many
cases, on the availability of federal and state funding to
support technical assistance provided by local conservation
districts. Dairy producers shall not be held responsible for
noncompliance with the planning requirements of this
chapter if conservation districts are unable to perform their
duties under this chapter because of insufficient funding.
[1998 c 262 § 6.]
*Reviser’s note: The dairy nutrient management program advisory
and oversight committee was created in section 8, chapter 262, Laws of
1998, which was vetoed.
90.64.028 Appeals from denial of plan approval or
certification—Dairy producer-requested hearings—
Extension of timelines. (1) Conservation district decisions
pertaining to denial of approval or denial of certification of
a dairy nutrient management plan; modification or amendment of a plan; conditions contained in a plan; application of
any dairy nutrient management practices, standards, methods,
and technologies to a particular dairy farm; and the failure
to adhere to plan review and approval timelines identified in
RCW 90.64.026 are appealable under this chapter. Department actions pertaining to water quality violations are
appealable under chapter 90.48 RCW.
In addition, a dairy producer who is constrained from
complying with the planning requirements of this chapter
because of financial hardship or local permitting delays may
request a hearing before the conservation commission and
may request an extension of up to one year beyond the
approval and certification dates prescribed in this chapter for
plan approval and certification.
(2) Within thirty days of receiving a local conservation
district notification regarding any of the decisions identified
in subsection (1) of this section, a dairy producer who
disagrees with any of these decisions may request an
informal hearing before the conservation commission or may
appeal directly to the pollution control hearings board. The
commission shall issue a written decision no later than thirty
days after the informal hearing.
(3) If the conservation commission reverses the decision
of the conservation district, the conservation district may
appeal this reversal to the pollution control hearings board
according to the procedure in chapter 43.21B RCW within
thirty days of receipt of the commission’s decision.
[Title 90 RCW—page 113]
90.64.028
Title 90 RCW: Water Rights—Environment
(4) When an appeals process is initiated under this
section, the length of time extending from the start of the
appeals process to its conclusion shall be added onto the
timelines provided in this chapter for plan development,
approval, and certification only if an appeal is heard by the
pollution control hearings board. [1998 c 262 § 7.]
90.64.030 Investigation of dairy farms—Report of
findings—Corrective action—Violations of water quality
laws—Waivers—Penalties. (1) Under the inspection
program established in RCW 90.64.023, the department may
investigate a dairy farm to determine whether the operation
is discharging pollutants or has a record of discharging
pollutants into surface or ground waters of the state. Upon
concluding an investigation, the department shall make a
written report of its findings, including the results of any
water quality measurements, photographs, or other pertinent
information, and provide a copy of the report to the dairy
producer within twenty days of the investigation.
(2) The department shall investigate a written complaint
filed with the department within three working days and
shall make a written report of its findings including the
results of any water quality measurements, photographs, or
other pertinent information. Within twenty days of receiving
a written complaint, a copy of the findings shall be provided
to the dairy producer subject to the complaint, and to the
complainant if the person gave his or her name and address
to the department at the time the complaint was filed.
(3) The department may consider past complaints
against the same dairy farm from the same person and the
results of its previous inspections, and has the discretion to
decide whether to conduct an inspection if:
(a) The same or a similar complaint or complaints have
been filed against the same dairy farm within the immediately preceding six-month period; and
(b) The department made a determination that the
activity that was the subject of the prior complaint was not
a violation.
(4) If the decision of the department is not to conduct
an inspection, it shall document the decision and the reasons
for the decision within twenty days. The department shall
provide the decision to the complainant if the name and
address were provided to the department, and to the dairy
producer subject to the complaint, and the department shall
place the decision in the department’s administrative records.
(5) The report of findings of any inspection conducted
as the result of either an oral or a written complaint shall be
placed in the department’s administrative records. Only
findings of violations shall be entered into the data base
identified in RCW 90.64.130.
(6) A dairy farm that is determined to be a significant
contributor of pollution based on actual water quality tests,
photographs, or other pertinent information is subject to the
provisions of this chapter and to the enforcement provisions
of chapters 43.05 and 90.48 RCW, including civil penalties
levied under RCW 90.48.144.
(7) If the department determines that an unresolved
water quality problem from a dairy farm requires immediate
corrective action, the department shall notify the producer
and the district in which the problem is located. When
corrective actions are required to address such unresolved
[Title 90 RCW—page 114]
water quality problems, the department shall provide copies
of all final dairy farm inspection reports and documentation
of all formal regulatory and enforcement actions taken by the
department against that particular dairy farm to the local
conservation district and to the appropriate dairy farm within
twenty days.
(8) For a violation of water quality laws that is a first
offense for a dairy producer, the penalty may be waived to
allow the producer to come into compliance with water
quality laws. The department shall record all legitimate
violations and subsequent enforcement actions.
(9) A discharge, including a storm water discharge, to
surface waters of the state shall not be considered a violation
of this chapter, chapter 90.48 RCW, or chapter 173-201A
WAC, and shall therefore not be enforceable by the department of ecology or a third party, if at the time of the discharge, a violation is not occurring under RCW
90.64.010(18). In addition, a dairy producer shall not be
held liable for violations of this chapter, chapter 90.48 RCW,
chapter 173-201A WAC, or the federal clean water act due
to the discharge of dairy nutrients to waters of the state
resulting from spreading these materials on lands other than
where the nutrients were generated, when the nutrients are
spread by persons other than the dairy producer or the dairy
producer’s agent.
(10) As provided under RCW 7.48.305, agricultural
activities associated with the management of dairy nutrients
are presumed to be reasonable and shall not be found to
constitute a nuisance unless the activity has a substantial
adverse effect on public health and safety.
(11) This section specifically acknowledges that if a
holder of a general or individual national pollutant discharge
elimination system permit complies with the permit and the
dairy nutrient management plan conditions for appropriate
land application practices, the permit provides compliance
with the federal clean water act and acts as a shield against
citizen or agency enforcement for any additions of pollutants
to waters of the state or of the United States as authorized
by the permit.
(12) A dairy producer who fails to have an approved
dairy nutrient management plan by July 1, 2002, or a
certified dairy nutrient management plan by December 31,
2003, and for which no appeals have been filed with the
pollution control hearings board, is in violation of this
chapter. Each month beyond these deadlines that a dairy
producer is out of compliance with the requirement for either
plan approval or plan certification shall be considered
separate violations of chapter 90.64 RCW that may be
subject to penalties. Such penalties may not exceed one
hundred dollars per month for each violation up to a combined total of five thousand dollars. Failure to register as
required in RCW 90.64.017 shall subject a dairy producer to
a maximum penalty of one hundred dollars. Penalties shall
be levied by the department. [2002 c 327 § 1; 1998 c 262
§ 11; 1993 c 221 § 4.]
90.64.040 Appeal from actions and orders of the
department. Enforcement actions and administrative orders
issued by the department of ecology may be appealed to the
pollution control hearings board in accordance with the
provisions of chapter 43.21B RCW. [1993 c 221 § 5.]
(2002 Ed.)
Dairy Nutrient Management
90.64.050 Duties of department—Annual report to
commission. (1) The department has the following duties:
(a) Identify existing or potential water quality problems
resulting from dairy farms through implementation of the
inspection program in RCW 90.64.023;
(b) Inspect a dairy farm upon the request of a dairy
producer;
(c) Receive, process, and verify complaints concerning
discharge of pollutants from all dairy farms;
(d) Determine if a dairy-related water quality problem
requires immediate corrective action under the Washington
state water pollution control laws, chapter 90.48 RCW, or
the Washington state water quality standards adopted under
chapter 90.48 RCW. The department shall maintain the lead
enforcement responsibility;
(e) Administer and enforce national pollutant discharge
elimination system permits for operators of concentrated
dairy animal feeding operations, where required by federal
regulations and state laws or upon request of a dairy producer;
(f) Participate on the *advisory and oversight committee;
(g) Encourage communication and cooperation between
local department personnel and the appropriate conservation
district personnel;
(h) Require the use of dairy nutrient management plans
as required under this chapter for entities required to plan
under this chapter; and
(i) Provide to the commission and the *advisory and
oversight committee an annual report of dairy farm inspection and enforcement activities.
(2) The department may not delegate its responsibilities
in enforcement. [1998 c 262 § 12; 1993 c 221 § 6.]
*Reviser’s note: The dairy nutrient management program advisory
and oversight committee was created in section 8, chapter 262, Laws of
1998, which was vetoed.
90.64.070 Duties of conservation district. (1) The
conservation district has the following duties:
(a) Provide technical assistance to the department in
identifying and correcting existing water quality problems
resulting from dairy farms through implementation of the
inspection program in RCW 90.64.023;
(b) Immediately refer complaints received from the
public regarding discharge of pollutants to the department;
(c) Encourage communication and cooperation between
the conservation district personnel and local department
personnel;
(d) Provide technical assistance to dairy producers in
developing and implementing a dairy nutrient management
plan; and
(e) Review, approve, and certify dairy nutrient management plans that meet the minimum standards developed
under this chapter.
(2) The district’s capability to carry out its responsibilities under this chapter is contingent upon the availability of
funding and resources to implement a dairy nutrient management program. [1998 c 262 § 13; 1993 c 221 § 8.]
90.64.050
(a) Provide assistance as may be appropriate to the
conservation districts in the discharge of their responsibilities
as management agencies in dairy nutrient management
program implementation;
(b) Provide coordination for conservation district
programs at the state level through special arrangements with
appropriate federal and state agencies, including oversight of
the review, approval, and certification of dairy nutrient
management plans;
(c) Inform conservation districts of activities and
experiences of other conservation districts relative to
agricultural water quality protection, and facilitate an
interchange of advice, experience, and cooperation between
the districts;
(d) Provide an informal hearing for disputes between
dairy producers and local conservation districts pertaining to:
(i) Denial of approval or denial of certification of dairy
nutrient management plans; (ii) modification or amendment
of plans; (iii) conditions contained in plans; (iv) application
of any dairy nutrient management practices, standards,
methods, and technologies to a particular dairy farm; and (v)
the failure to adhere to the plan review and approval
timelines identified in RCW 90.64.026. An informal hearing
may also provide an opportunity for dairy producers who are
constrained from timely compliance with the planning
requirements of this chapter because of financial hardship or
local permitting delays to petition for additional time to
comply;
(e) Encourage communication between the conservation
district personnel and local department personnel;
(f) Accept nominations and appoint members to serve
on the *advisory and oversight committee with advice of the
Washington association of conservation districts and the
department;
(g) Provide a cochair to the *advisory and oversight
committee;
(h) Report to the legislature by December 1st of each
year until 2003 on the status of dairy nutrient management
planning and on the technical assistance provided to dairy
producers in carrying out the requirements of this chapter;
and
(i) Work with the department to provide communication
outreach to representatives of agricultural and environmental
organizations to receive feedback on implementation of this
chapter.
(2) The commission’s capability to carry out its responsibilities under this chapter is contingent upon the availability
of funding and resources to implement a dairy nutrient
management program. [1998 c 262 § 14; 1993 c 221 § 9.]
*Reviser’s note: The dairy nutrient management program advisory
and oversight committee was created in section 8, chapter 262, Laws of
1998, which was vetoed.
90.64.100 Parties’ liability. A party acting under this
chapter is not liable for another party’s actions under this
chapter. [1993 c 221 § 11.]
90.64.110 Rules. The department may adopt rules as
necessary to implement this chapter. [1993 c 221 § 12.]
90.64.080 Duties of conservation commission. (1)
The conservation commission has the following duties:
(2002 Ed.)
[Title 90 RCW—page 115]
90.64.120
Title 90 RCW: Water Rights—Environment
90.64.120 Department’s authority under federal law
or chapter 90.48 RCW not affected. Nothing in this
chapter shall affect the department’s authority or responsibility to administer or enforce the national pollutant discharge
elimination system permits for operators of concentrated
dairy animal feeding operations, where required by federal
regulations or to administer the provisions of chapter 90.48
RCW. [1993 c 221 § 13.]
90.64.130 Data base. (1) By October 1, 1998, the
department, in consultation with the *advisory and oversight
committee, shall develop and maintain a data base to account
for the implementation of this chapter.
(2) The data base shall track registrations; inspection
dates and results, including findings of violations; regulatory
and enforcement actions; and the status of dairy nutrient
management plans. In addition, the number of dairy farm
inspections by inspector shall be tallied by month. A
summary of data base information shall be provided quarterly to the *advisory and oversight committee.
(3) Any information entered into the data base by the
department about any aspect of a particular dairy operation
may be reviewed by the affected dairy producer upon
request. The department shall correct any information in the
data base upon a showing that the information is faulty or
inaccurate. Complaints that have been filed with the
department and determined to be unfounded, invalid, or
without merit shall not be recorded in the data base.
Appeals of decisions related to dairy nutrient management
plans to the pollution control hearings board or to any court
shall be recorded, as well as the decisions of those bodies.
[1998 c 262 § 9.]
*Reviser’s note: The dairy nutrient management program advisory
and oversight committee was created in section 8, chapter 262, Laws of
1998, which was vetoed.
90.64.140 Technical assistance teams—Standards
and specifications for dairy nutrient management plans.
(1) The conservation commission shall establish four dairy
nutrient management technical assistance teams by June 1,
1998. The teams shall be geographically located throughout
the state. Each team shall consist of one or more professional engineers, local conservation district employees, and dairy
nutrient management experts from Washington State University. The purpose of the teams is to:
(a) Actively develop and promote new cost-effective
approaches for managing dairy nutrients; and
(b) Assist dairy farms in developing dairy nutrient
management plans.
(2) By January 1, 1999, each team shall develop one or
more initial sets of standards and specifications to assist
dairy producers in developing and implementing dairy
nutrient management plans. Standards and specifications
developed by a technical assistance team shall be appropriate
to the soils and other conditions within that geographic area
and shall be reviewed by the *advisory and oversight
committee. [1998 c 262 § 10.]
*Reviser’s note: The dairy nutrient management program advisory
and oversight committee was created in section 8, chapter 262, Laws of
1998, which was vetoed.
[Title 90 RCW—page 116]
90.64.150 Dairy waste management account. The
dairy waste management account is created in the custody of
the state treasurer. All receipts from monetary penalties
levied pursuant to violations of this chapter must be deposited into the account. Expenditures from the account may be
used only for the commission to provide grants to local
conservation districts for the sole purpose of assisting dairy
producers to develop and fully implement dairy nutrient
management plans. Only the chairman of the commission or
the chairman’s designee may authorize expenditures from the
account. The account is subject to allotment procedures
under chapter 43.88 RCW, but an appropriation is not required for expenditures. [1998 c 262 § 15.]
90.64.160 Grants for dairy producers—Statement
of environmental benefits—Development of outcomefocused performance measures. In providing grants to
dairy producers, districts shall require grant applicants to
incorporate the environmental benefits of the project into
their applications, and the districts shall utilize the statement
of environmental benefit[s] in their prioritization and
selection process. The districts shall also develop appropriate outcome-focused performance measures to be used both
for management and performance assessment of the program.
The commission shall work with the districts to develop
uniform performance measures across participating districts.
To the extent possible, the commission should coordinate its
performance measure system with other natural resourcerelated agencies as defined in RCW 43.41.270. The commission shall consult with affected interest groups in
implementing this section. [2001 c 227 § 4.]
Findings—Intent—2001 c 227: See note following RCW 43.41.270.
90.64.800 Reports to the legislature. The department, in conjunction with the conservation commission and
*advisory and oversight committee, shall report to the
legislature by December 1st of each year until 2003, on
progress made in implementing chapter 262, Laws of 1998.
At a minimum, the reports shall include data on inspections,
the status of dairy nutrient planning, compliance with water
quality standards, and enforcement actions. The report shall
also provide recommendations on how implementation of
chapter 262, Laws of 1998 could be facilitated for dairy
producers and generally improved.
The conservation commission shall include in the report
to the legislature filed December 1, 1999, an evaluation of
whether the fiscal resources available to the commission, to
conservation districts, and to Washington State University
dairy nutrient management experts are adequate to fund the
technical assistance teams established under RCW 90.64.140
and to develop and certify plans as required by the schedule
established in RCW 90.64.026. If the funding is insufficient,
the report shall include an estimate of the amount of funding
necessary to accomplish the schedule contained in RCW
90.64.026. [1998 c 262 § 17.]
*Reviser’s note: The dairy nutrient management program advisory
and oversight committee was created in section 8, chapter 262, Laws of
1998, which was vetoed.
90.64.810 Dairy nutrient management task force.
(Expires June 30, 2004.) (1) A dairy nutrient management
(2002 Ed.)
Dairy Nutrient Management
task force is created that shall be comprised of no more than
*fifteen members, who are appointed as follows:
(a) Two members of the house of representatives, one
from each major caucus, appointed by the co-speakers of the
house of representatives;
(b) Two members of the senate, one from each major
caucus, appointed by the president of the senate;
(c) A representative of the department of ecology,
appointed by the director of ecology;
(d) A representative of the state conservation commission, appointed by its executive secretary;
(e) A representative of local conservation districts,
appointed by the president of a statewide association of
conservation districts;
(f) A representative of local health departments, appointed by the Washington state association of local public health
officials;
(g) A representative of commercial shellfish growers,
appointed by a statewide organization representing oyster
growers;
(h) Four representatives of the dairy industry, appointed
by a statewide organization representing the dairy industry
in the state;
(i) A representative of an environmental interest
organization with familiarity and expertise in water quality
issues, appointed by a statewide organization representing
environmental interests;
(j) A representative of the United States environmental
protection agency, appointed by the regional director of the
agency if the agency chooses to be represented on the task
force; and
(k) A representative of the United States natural
resources conservation service, appointed by the state
conservationist of that agency for this state, if the agency
chooses to be represented on the task force.
(2) The task force shall convene as soon as possible
upon appointment of its members. The task force shall elect
a chair and adopt rules for conducting the business of the
task force. Staff support for the task force shall be provided
by the Washington state conservation commission.
(3) This section expires June 30, 2004. [2000 c 147 §
1.]
*Reviser’s note: A total of fifteen members is required to be on the
task force. If representatives are appointed under both subsection (1)(j) and
(k), the total number of task force members is sixteen.
Effective date—2000 c 147: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[March 27, 2000]." [2000 c 147 § 5.]
90.64.811 Dairy nutrient management task force—
Recommendations. (Expires June 30, 2004.) (1) By
December 31, 2000, the task force shall recommend to the
department and to the legislature:
(a) Clarification of key terms and phrases such as, but
not limited to, "potential to pollute," that are used in the
administration of this chapter and other statutes on water
quality;
(b) How frequently dairy nutrient management plans
should be updated, considering the evolution of technical
standards developed by the natural resources conservation
service;
(2002 Ed.)
90.64.810
(c) Considering the report under section 3, chapter 147,
Laws of 2000, the disposition of penalties collected from
dairy producers under chapter 90.48 RCW;
(d) Considering the report under *section 4 of this act,
recommended sources of funding to meet the needs identified in the report;
(e) The extent to which engineering expertise is required
to implement the provisions of this chapter;
(f) How to address responsibility for contamination
originating from neighboring farms; and
(g) Clarification of the duties of the department as they
pertain to initial inspections of dairy farms.
(2) The task force shall make recommendations to the
department and to the legislature on any other issues, and at
such times, as the task force deems important to the successful implementation of this chapter.
(3) This section expires June 30, 2004. [2000 c 147 §
2.]
*Reviser’s note: Section 4 of this act was vetoed.
Effective date—2000 c 147: See note following RCW 90.64.810.
90.64.900 Effective date—1998 c 262. This act is
necessary for the immediate preservation of the public peace,
health, or safety, or support of the state government and its
existing public institutions, and takes effect immediately
[April 1, 1998]. [1998 c 262 § 22.]
Chapter 90.66
FAMILY FARM WATER ACT
Sections
90.66.010
90.66.020
90.66.030
90.66.040
90.66.050
90.66.060
90.66.065
90.66.070
90.66.080
90.66.900
90.66.910
Short title.
Prior existing rights to withdraw and use public waters not
affected.
Public policy enunciated—Maximum benefit from use of
public waters—Irrigation.
Definitions.
Classes of permits for withdrawal of public waters for irrigation purposes—Conditions—Requirements.
Withdrawal of water under family farm permit—Conditioned
upon complying with definition of family farm—
Suspension of permit, procedures, time.
Transfers or change in purpose of family farm permits.
Transfer of property entitled to water under permit—
Rights—Requirements.
Rules and regulations—Decisions, review.
Liberal construction—Initiative Measure No. 59.
Severability—Initiative Measure No. 59.
90.66.010 Short title. This chapter shall be known
and may be cited as the "Family Farm Water Act". [1979
c 3 § 1 (Initiative Measure No. 59, approved November 8,
1977).]
90.66.020 Prior existing rights to withdraw and use
public waters not affected. Nothing in this chapter shall
affect any right to withdraw and use public waters if such
rights were in effect prior to *the effective date of the act,
and nothing herein shall modify the priority of any such
existing right. [1979 c 3 § 2 (Initiative Measure No. 59,
approved November 8, 1977).]
*Reviser’s note: "The effective date of the act" [1979 c 3 (Initiative
Measure No. 59)], consisting of RCW 90.66.010 through 90.66.080,
[Title 90 RCW—page 117]
90.66.020
Title 90 RCW: Water Rights—Environment
90.66.900, and 90.66.910, is "thirty days after the election at which it is
approved" as mandated by Article II, section 1(d) of the Washington
Constitution. Initiative Measure No. 59 was approved by the voters at the
election November 8, 1977, and was so certified by the governor on
December 8, 1977.
90.66.030 Public policy enunciated—Maximum
benefit from use of public waters—Irrigation. The people
of the state of Washington recognize that it is in the public
interest to conserve and use wisely the public surface and
ground waters of the state in a manner that will assure the
maximum benefit to the greatest possible number of its
citizens. The maximum benefit to the greatest number of
citizens through the use of water for the irrigation of
agricultural lands will result from providing for the use of
such water on family farms. To assure that future permits
issued for the use of public waters for irrigation of agricultural lands will be made on the basis of deriving such
maximum benefits, in addition to any other requirements in
the law, all permits for the withdrawal of public waters for
the purpose of irrigating agricultural lands after *the effective date of this act shall be issued in accord with the
provisions of this chapter. [1979 c 3 § 3 (Initiative Measure
No. 59, approved November 8, 1977).]
*Reviser’s note: "the effective date of this act," see note following
RCW 90.66.020.
90.66.040 Definitions. For the purposes of this
chapter, the following definitions shall be applicable:
(1) "Family farm" means a geographic area including
not more than six thousand acres of irrigated agricultural
lands, whether contiguous or noncontiguous, the controlling
interest in which is held by a person having a controlling
interest in no more than six thousand acres of irrigated agricultural lands in the state of Washington which are irrigated
under rights acquired after December 8, 1977.
(2) "Person" means any individual, corporation, partnership, limited partnership, organization, or other entity
whatsoever, whether public or private. The term "person"
shall include as one person all corporate or partnership entities with a common ownership of more than one-half of the
assets of each of any number of such entities.
(3) "Controlling interest" means a property interest that
can be transferred to another person, the percentage interest
so transferred being sufficient to effect a change in control
of the landlord’s rights and benefits. Ownership of property
held in trust shall not be deemed a controlling interest where
no part of the trust has been established through expenditure
or assignment of assets of the beneficiary of the trust and
where the rights of the family farm permit which is a part of
the trust cannot be transferred to another by the beneficiary
of the trust under terms of the trust. Each trust of a separate
donor origin shall be treated as a separate entity and the
administration of property under trust shall not represent a
controlling interest on the part of the trust officer.
(4) "Department" means the department of ecology of
the state of Washington.
(5) "Application", "permit" and "public waters" shall
have the meanings attributed to these terms in chapters 90.03
and 90.44 RCW.
[Title 90 RCW—page 118]
(6) "Public water entity" means any public or governmental entity with authority to administer and operate a
system to supply water for irrigation of agricultural lands.
(7) "Transfer" means a transfer, change, or amendment
to part or all of a water right authorized under RCW
90.03.380, 90.03.390, or 90.44.100 or chapter 90.80 RCW.
(8) "Withdraw" means to withdraw ground water or to
divert surface water. [2001 c 237 § 24; 1979 c 3 § 4
(Initiative Measure No. 59, approved November 8, 1977).]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.66.050 Classes of permits for withdrawal of
public waters for irrigation purposes—Conditions—
Requirements. After *the effective date of this act, all
permits issued for the withdrawal of public waters for the
purpose of irrigating agricultural lands shall be classified as
follows and issued with the conditions set forth in this
chapter:
(1) "Family farm permits". Such permits shall limit the
use of water withdrawn for irrigation of agricultural lands to
land qualifying as a family farm.
(2) "Family farm development permits". Such permits
may be issued to persons without any limit on the number of
acres to be irrigated during a specified period of time
permitted for the development of such land into family farms
and the transfer of the controlling interest of such irrigated
lands to persons qualifying for family farm permits. The
initial period of time allowed for development and transfer
of such lands to family farm status shall not exceed ten
years. Such time limit may be extended by the department
for not to exceed an additional ten years upon a showing to
the department that an additional period of time is needed
for orderly development and transfer of controlling interests
to persons who can qualify for family farm permits.
(3) "Publicly owned land permits". Such permits shall
be issued only to governmental entities permitting the
irrigation of publicly owned lands.
(4) "Public water entity permits". Such permits may be
issued to public water entities under provisions requiring
such public water entity, with respect to delivery of water
for use in the irrigation of agricultural lands, to make water
deliveries under the same provisions as would apply if
separate permits were issued for persons eligible for family
farm permits, permits to develop family farms, or for the
irrigation of publicly owned land: PROVIDED, HOWEVER, That such provisions shall not apply with respect to
water deliveries on federally authorized reclamation projects
if such federally authorized projects provide for acreage
limitations in water delivery contracts. [1979 c 3 § 5
(Initiative Measure No. 59, approved November 8, 1977).]
*Reviser’s note: "the effective date of this act," see note following
RCW 90.66.020.
90.66.060 Withdrawal of water under family farm
permit—Conditioned upon complying with definition of
family farm—Suspension of permit, procedures, time.
(1) Except as provided in subsections (2) and (3) of this
section, the right to withdraw water for use for the irrigation
of agricultural lands under authority of a family farm permit
(2002 Ed.)
Family Farm Water Act
shall have no time limit and shall be conditioned upon the
land being irrigated complying with the definition of a
family farm as defined at the time the permit is issued.
(2) If the acquisition by any person of land and water
rights by gift, devise, bequest, or by way of bona fide
satisfaction of a debt, would otherwise cause land being
irrigated pursuant to a family farm permit to lose its status
as a family farm, such acquisition shall be deemed to have
no effect upon the status of family farm water permits
pertaining to land held or acquired by the person acquiring
such land and water rights if all lands held or acquired are
again in compliance with the definition of a family farm
within five years from the date of such acquisition.
(3) For family farm permits under this chapter, if the
department determines that water is being withdrawn for use
on land not in conformity with the definition of a family
farm, the department shall notify the holder of such family
farm permit by personal service of such fact and the permit
shall be suspended two years from the date of receipt of
notice unless the person having a controlling interest in said
land satisfies the department that such land is again in
conformity with the definition of a family farm. The
department may, upon a showing of good cause and reasonable effort to attain compliance on the part of the person
having the controlling interest in such land, extend the two
year period prior to suspension. If conformity is not
achieved prior to five years from the date of notice the rights
of withdrawal shall be canceled. [2001 c 237 § 25; 1979 c
3 § 6 (Initiative Measure No. 59, approved November 8,
1977).]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.66.065 Transfers or change in purpose of family
farm permits. (1) Transfers of water rights established as
family farm permits under this chapter may be approved as
authorized under this section and under RCW 90.03.380,
90.03.390, or 90.44.100 or chapter 90.80 RCW as appropriate.
(2) A family farm permit may be transferred:
(a) For use for agricultural irrigation purposes as limited
by RCW 90.66.060 (1) and (2);
(b) To any purpose of use that is a beneficial use of
water if the transfer is made exclusively under a lease
agreement, except that transfers for the use of water for
agricultural irrigation purposes shall be limited as provided
by RCW 90.66.060 (1) and (2);
(c) To any purpose of use that is a beneficial use of
water if the water right is for the use of water at a location
that is, at the time the transfer is approved, within the
boundaries of an urban growth area designated under chapter
36.70A RCW or, in counties not planning under chapter
36.70A RCW, within a city or town or within areas designated for urban growth in comprehensive plans prepared under
chapter 36.70 RCW, except that transfers for the use of
water for agricultural irrigation purposes shall be limited as
provided by RCW 90.66.060 (1) and (2).
(3) If a portion of the water governed by a water right
established under the authority of a family farm permit is
made surplus to the beneficial uses exercised under the right
(2002 Ed.)
90.66.060
through the implementation of practices or technologies,
including but not limited to conveyance practices or technologies, that are more water-use efficient than those under
which the right was perfected, the right to use the surplus
water may be transferred to any purpose of use that is a
beneficial use of water. Nothing in this subsection authorizes: A transfer of the portion of a water right that is
necessary for the production of crops historically grown
under the right; or a transfer of a water right or a portion of
a water right that has not been perfected through beneficial
use before the transfer. Water right transfers approved under
this subsection must be consistent with the provisions of
RCW 90.03.380(1).
(4) Before a change in purpose of a family farm water
permit to municipal supply purpose or domestic purpose may
be authorized, the public water system that is receiving the
family farm water permit must be meeting the water conservation requirements of its current water system plan approved by the department of health or its small water system
management program.
(5) The place of use for a water right transferred under
the authority of this section shall remain within: The water
resource inventory area containing the place of use for the
water right before the transfer; or the urban growth area or
contiguous urban growth areas of the place of use for the
water right before the transfer if the urban growth area or
contiguous urban growth areas cross boundaries of water
resource inventory areas.
(6) The authority granted by this section to transfer or
alter the purpose of use of a water right established under
the authority of a family farm permit shall not be construed
as limiting in any manner the authority granted by RCW
90.03.380, 90.03.390, or 90.44.100 to alter other elements of
such a water right. [2001 c 237 § 23.]
Intent—2001 c 237: "It is the intent of the legislature to help
preserve the agricultural economy of the state by allowing changes of family
farm water permits from agricultural irrigation to other agricultural purposes.
Within the urbanizing areas of the state, the legislature recognizes the need
to allow water from family farms to be converted to other purposes as the
use of the land changes consistent with adopted land use plans. The
legislature also intends to allow farmers to benefit from water conservation
projects and from temporary leases of their family farm water permits.
Water conservation and water leases will also allow farmers to contribute
to instream flows and other purposes. However, outside of urbanizing areas,
the legislature intends to preserve farmlands by ensuring that the quantity
of water needed to grow the crops historically grown remains with the farm.
In addition, to help retain family farms within the state, the legislature
intends to allow family farms of a large enough size to be economically
viable under modern agricultural market conditions." [2001 c 237 § 22.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
90.66.070 Transfer of property entitled to water
under permit—Rights—Requirements. (1) At any time
that the holder of a family farm development permit or a
publicly owned land permit shall transfer the controlling
interest of all or any portion of the land entitled to water
under such permit to a person who can qualify to receive
water for irrigation of such land under a family farm permit,
the department shall, upon request, issue a family farm
permit to such person under the same conditions as would
have been applicable if such request had been made at the
time of the granting of the original family farm development
permit. If the permit under which water is available is held
[Title 90 RCW—page 119]
90.66.070
Title 90 RCW: Water Rights—Environment
by a public water entity prior to the transfer of the controlling interest to a person who qualifies for a family farm
permit, such entity shall continue delivery of water to such
land without any restriction on the length of time of delivery
not applicable generally to all its water customers.
(2) The issuance of a family farm permit secured
through the acquisition of land and water rights from the
holder of a family farm development permit, or from the
holder of a publicly owned land permit, where water delivery
prior to the transfer is from a public water entity, may be
conditioned upon the holder of the family farm permit issued
continuing to receive water through the facilities of the
public water entity. [1979 c 3 § 7 (Initiative Measure No.
59, approved November 8, 1977).]
90.66.080 Rules and regulations—Decisions, review.
The department is hereby empowered to promulgate such
rules as may be necessary to carry out the provisions of this
chapter. Decisions of the department, other than rule
making, shall be subject to review in accordance with
chapter 43.21B RCW. [1979 c 3 § 8 (Initiative Measure No.
59, approved November 8, 1977).]
Pollution control hearings board of the state: Chapter 43.21B RCW.
90.66.900 Liberal construction—Initiative Measure
No. 59. This chapter is exempted from the rule of strict
construction and it shall be liberally construed to give full
effect to the objectives and purposes for which it was enacted. [1979 c 3 § 9 (Initiative Measure No. 59, approved
November 8, 1977).]
90.66.910 Severability—Initiative Measure No. 59.
If any provision of this act, or its application to any person,
organization, or circumstance is held invalid or unconstitutional, the remainder of the act, or the application of the
provision to other persons, organizations, or circumstances
is not affected. [1979 c 3 § 10 (Initiative Measure No. 59,
approved November 8, 1977).]
Chapter 90.71
PUGET SOUND WATER QUALITY PROTECTION
Sections
90.71.005
90.71.010
90.71.015
90.71.020
90.71.030
90.71.040
90.71.050
90.71.060
90.71.070
90.71.080
90.71.090
90.71.100
90.71.900
90.71.901
90.71.902
90.71.903
Findings.
Definitions.
Environmental excellence program agreements—Effect on
chapter.
Puget Sound action team.
Puget Sound council.
Chair of action team.
Work plans.
Puget Sound research and monitoring.
Work plan implementation.
Public participation.
Senior environmental corps—Authority powers and duties.
Shellfish - on-site sewage grant program—Priority areas—
Memorandum of understanding.
Short title—1996 c 138.
Captions not law.
Implementation and requirements of plan not affected by
repeal—1990 c 115.
Transfer of powers, duties, and functions—References to
executive director or Puget Sound water quality authority.
[Title 90 RCW—page 120]
90.71.005 Findings. (1) The legislature finds that:
(a) Puget Sound and related inland marine waterways of
Washington state represent a unique and unparalleled
resource. A rich and varied range of marine organisms,
comprising an interdependent, sensitive communal ecosystem
reside in these sheltered waters. Residents of this region
enjoy a way of life centered around the waters of Puget
Sound, featuring accessible recreational opportunities, worldclass port facilities and water transportation systems, harvest
of marine food resources, shoreline-oriented life styles,
water-dependent industries, tourism, irreplaceable aesthetics,
and other activities, all of which to some degree depend
upon a clean and healthy marine resource;
(b) The Puget Sound water quality authority has done an
excellent job in developing a comprehensive plan to identify
actions to restore and protect the biological health and
diversity of Puget Sound;
(c) The large number of governmental entities that now
have regulatory programs affecting the water quality of
Puget Sound have diverse interests and limited jurisdictions
that cannot adequately address the cumulative, wide-ranging
impacts that contribute to the degradation of Puget Sound;
and
(d) Coordination of the regulatory programs, at the state
and local level, is best accomplished through the development of interagency mechanisms that allow these entities to
transcend their diverse interests and limited jurisdictions.
(2) It is therefore the policy of the state of Washington
to coordinate the activities of state and local agencies by
establishing a biennial work plan that clearly delineates state
and local actions necessary to protect and restore the
biological health and diversity of Puget Sound. It is further
the policy of the state to implement the Puget Sound water
quality management plan to the maximum extent possible.
To further the policy of the state, a recovery plan developed
under the federal endangered species act for a portion or all
of the Puget Sound shall be considered for inclusion into the
Puget Sound water quality management plan. [1998 c 246
§ 13; 1996 c 138 § 1.]
90.71.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Action team" means the Puget Sound water quality
action team.
(2) "Chair" means the chair of the action team.
(3) "Council" means the Puget Sound council created in
RCW 90.71.030.
(4) "Puget Sound management plan" means the 1994
Puget Sound water quality management plan as it exists June
30, 1996, and as subsequently amended by the action team.
(5) "Support staff" means the staff to the action team.
(6) "Work plan" means the work plan and budget
developed by the action team. [1996 c 138 § 2.]
90.71.015 Environmental excellence program
agreements—Effect on chapter. Notwithstanding any other
provision of law, any legal requirement under this chapter,
including any standard, limitation, rule, or order is superseded and replaced in accordance with the terms and provisions
(2002 Ed.)
Puget Sound Water Quality Protection
of an environmental excellence program agreement, entered
into under chapter 43.21K RCW. [1997 c 381 § 30.]
Purpose—1997 c 381: See RCW 43.21K.005.
90.71.020 Puget Sound action team. (1) The Puget
Sound action team is created. The action team shall consist
of: The directors of the departments of ecology; agriculture;
natural resources; fish and wildlife; and community, trade,
and economic development; the secretaries of the departments of health and transportation; the director of the parks
and recreation commission; the director of the interagency
committee for outdoor recreation; the administrative officer
of the conservation commission designated in RCW
89.08.050; one person representing cities, appointed by the
governor; one person representing counties, appointed by the
governor; one person representing federally recognized
tribes, appointed by the governor; and the chair of the action
team. The action team shall also include the following ex
officio nonvoting members: The regional director of the
United States environmental protection agency; the regional
administrator of the national marine fisheries service; and the
regional supervisor of the United States fish and wildlife
service. The members representing cities and counties shall
each be reimbursed for travel expenses as provided in RCW
43.03.050 and 43.03.060.
(2) The action team shall:
(a) Prepare a Puget Sound work plan and budget for
inclusion in the governor’s biennial budget;
(b) Coordinate monitoring and research programs as
provided in RCW 90.71.060;
(c) Work under the direction of the action team chair as
provided in RCW 90.71.040;
(d) Coordinate permitting requirements as necessary to
expedite permit issuance for any local watershed plan
developed pursuant to rules adopted under this chapter;
(e) Identify and resolve any policy or rule conflicts that
may exist between one or more agencies represented on the
action team;
(f) Periodically amend the Puget Sound management
plan;
(g) Enter into, amend, and terminate contracts with
individuals, corporations, or research institutions for the
purposes of this chapter;
(h) Receive such gifts, grants, and endowments, in trust
or otherwise, for the use and benefit of the purposes of the
action team. The action team may expend the same or any
income therefrom according to the terms of the gifts, grants,
or endowments;
(i) Promote extensive public participation, and otherwise
seek to broadly disseminate information concerning Puget
Sound;
(j) Receive and expend funding from other public
agencies;
(k) To reduce costs and improve efficiency, review by
December 1, 1996, all requirements for reports and documentation from state agencies and local governments
specified in the plan for the purpose of eliminating and
consolidating reporting requirements; and
(l) Beginning in December 1998, and every two years
thereafter, submit a report to the appropriate policy and
fiscal committees of the legislature that describes and
(2002 Ed.)
90.71.015
evaluates the successes and shortcomings of the current work
plan relative to the priority problems identified for each
geographic area of Puget Sound.
(3) By July 1, 1996, the action team shall begin developing its initial work plan, which shall include the coordination of necessary support staff.
(4) The action team shall incorporate, to the maximum
extent possible, the recommendations of the council regarding amendments to the Puget Sound management plan and
the work plan.
(5) All proceedings of the action team are subject to the
open public meetings act under chapter 42.30 RCW. [1998
c 246 § 14; 1996 c 138 § 3.]
90.71.030 Puget Sound council. (1) There is established the Puget Sound council composed of eleven members. Seven members shall be appointed by the governor.
In making these appointments, the governor shall include
representation from business, the environmental community,
agriculture, the shellfish industry, counties, cities, and the
tribes. Two members shall be members of the senate
selected by the president of the senate with one member
selected from each caucus in the senate, and two members
shall be members of the house of representatives selected by
the speaker of the house of representatives with one member
selected from each caucus in the house of representatives.
The legislative members shall be nonvoting members of the
council. Appointments to the council shall reflect geographical balance and the diversity of population within the Puget
Sound basin. Members shall serve four-year terms. Of the
initial members appointed to the council, two shall serve for
two years, two shall serve for three years, and two shall
serve for four years. Thereafter members shall be appointed
to four-year terms. Vacancies shall be filled by appointment
in the same manner as the original appointment for the
remainder of the unexpired term of the position being
vacated. Nonlegislative members shall be reimbursed for
travel expenses as provided in RCW 43.03.050 and
43.03.060. Legislative members shall be reimbursed as
provided in RCW 44.04.120.
(2) The council shall:
(a) Recommend to the action team projects and activities for inclusion in the biennial work plan;
(b) Recommend to the action team coordination of work
plan activities with other relevant activities, including but not
limited to, agencies’ activities other than those funded
through the plan, local plan initiatives, and governmental and
nongovernmental watershed restoration and protection
activities; and
(c) Recommend to the action team proposed amendments to the Puget Sound management plan.
(3) The chair of the action team shall convene the
council at least four times per year and shall jointly convene
the council and the action team at least two times per year.
[1999 c 241 § 3; 1996 c 138 § 4.]
90.71.040 Chair of action team. (1) By June 1,
1996, the governor shall appoint a person in the governor’s
office to chair the action team. The chair shall serve at the
pleasure of the governor.
(2) The chair shall be responsible for:
[Title 90 RCW—page 121]
90.71.040
Title 90 RCW: Water Rights—Environment
(a) Organizing the development of the council recommendations;
(b) Organizing the development of the work plan
required under RCW 90.71.050;
(c) Presenting work plan and budget recommendations
to the governor and the legislature;
(d) Overseeing the implementation of the elements of
the work plan that receive funding through appropriations by
the legislature; and
(e) Serving as chair of the council.
(3) The chair of the action team shall be a full-time
employee responsible for the administration of all functions
of the action team and the council, including hiring and
terminating support staff, budget preparation, contracting,
coordinating with the governor, the legislature, and other
state and local entities, and the delegation of responsibilities
as deemed appropriate. The salary of the chair shall be
fixed by the governor, subject to RCW 43.03.040. [1996 c
138 § 5.]
Effective date—1996 c 138 § 5: "Section 5 of this act is necessary
for the immediate preservation of the public peace, health, or safety, or
support of the state government and its existing public institutions, and shall
take effect immediately [March 25, 1996]." [1996 c 138 § 19.]
90.71.050 Work plans. (1)(a) Each biennium, the
action team shall prepare a Puget Sound work plan and
budget for inclusion in the governor’s biennial budget. The
work plan shall prescribe the necessary federal, state, and
local actions to maintain and enhance Puget Sound water
quality, including but not limited to, enhancement of
recreational opportunities, and restoration of a balanced
population of indigenous shellfish, fish, and wildlife. The
work plan and budget shall include specific actions and
projects pertaining to salmon recovery plans.
(b) In developing a work plan, the action team shall
meet the following objectives:
(i) Use the plan elements of the Puget Sound management plan to prioritize local and state actions necessary to
restore and protect the biological health and diversity of
Puget Sound;
(ii) Consider the problems and priorities identified in
local plans; and
(iii) Coordinate the work plan activities with other
relevant activities, including but not limited to, agencies’
activities that have not been funded through the plan, local
plans, and governmental and nongovernmental watershed restoration activities.
(c) In developing a budget, the action team shall
identify:
(i) The total funds to implement local projects originating from the planning process developed for nonpoint
pollution; and
(ii) The total funds to implement any other projects
designed primarily to restore salmon habitat.
(2) In addition to the requirements identified under
RCW 90.71.020(2)(a), the work plan and budget shall:
(a) Identify and prioritize the local and state actions
necessary to address the water quality problems in the
following locations:
(i) Area 1: Island and San Juan counties;
(ii) Area 2: Skagit and Whatcom counties;
(iii) Area 3: Clallam and Jefferson counties;
[Title 90 RCW—page 122]
(iv) Area 4: Snohomish, King, and Pierce counties; and
(v) Area 5: Kitsap, Mason, and Thurston counties;
(b) Provide sufficient funding to characterize local
watersheds, provide technical assistance, and implement state
responsibilities identified in the work plan. The number and
qualifications of staff assigned to each region shall be
determined by the types of problems identified pursuant to
(a) of this subsection;
(c) Provide sufficient funding to implement and coordinate the Puget Sound ambient monitoring plan pursuant to
RCW 90.71.060;
(d) Provide funds to assist local jurisdictions to implement elements of the work plan assigned to local governments and to develop and implement local plans;
(e) Provide sufficient funding to provide support staff
for the action team; and
(f) Describe any proposed amendments to the Puget
Sound management plan.
(3) The work plan shall be submitted to the appropriate
policy and fiscal committees of the legislature by December
20th of each even-numbered year.
(4) The work plan shall be implemented consistent with
the legislative provisos of the biennial appropriation acts.
[1998 c 246 § 15; 1996 c 138 § 6.]
90.71.060 Puget Sound research and monitoring.
In addition to other powers and duties specified in this
chapter, the action team shall ensure implementation and
coordination of the Puget Sound ambient monitoring program established in the Puget Sound management plan. The
program shall include, at a minimum:
(1) A research program, including but not limited to
methods to provide current research information to managers
and scientists, and to establish priorities based on the needs
of the action team;
(2) A monitoring program, including baselines, protocols, guidelines, and quantifiable performance measures. In
consultation with state agencies, local and tribal governments, and other public and private interests, the action team
shall develop and track quantifiable performance measures
that can be used by the governor and the legislature to assess
the effectiveness over time of programs and actions initiated
under the plan to improve and protect Puget Sound water
quality and biological resources. The performance measures
shall be developed by June 30, 1997. The performance
measures shall include, but not be limited to a methodology
to track the progress of: Fish and wildlife habitat; sites with
sediment contamination; wetlands; shellfish beds; and other
key indicators of Puget Sound health. State agencies shall
assist the action team in the development and tracking of
these performance measures. The performance measures
may be limited to a selected geographic area. [1996 c 138
§ 7.]
90.71.070 Work plan implementation. (1) Local
governments are required to implement local elements of the
work plan subject to the availability of appropriated funds or
other funding sources.
(2) The council shall review the progress of work plan
implementation. Where prescribed actions have not been
accomplished in accordance with the work plan, the respon(2002 Ed.)
Puget Sound Water Quality Protection
sible agency shall submit to the council written explanations
for the shortfalls, together with proposed remedies. [1996 c
138 § 8.]
90.71.080 Public participation. The chair of the
action team shall hold public hearings to solicit public
comment on the work plan. [1996 c 138 § 9.]
90.71.090 Senior environmental corps—Authority
powers and duties. (1) The *Puget Sound water quality
authority shall have the following powers and duties in
carrying out its responsibilities for the senior environmental
corps created under RCW 43.63A.247:
Appoint a representative to the coordinating council;
Develop project proposals;
Administer project activities within the agency;
Develop appropriate procedures for the use of volunteers;
Provide project orientation, technical training, safety
training, equipment, and supplies to carry out project
activities;
Maintain project records and provide project reports;
Apply for and accept grants or contributions for corps
approved projects; and
With the approval of the council, enter into memoranda
of understanding and cooperative agreements with federal,
state, and local agencies to carry out corps approved projects.
(2) The authority shall not use corps volunteers to
displace currently employed workers. [1992 c 63 § 15.
Formerly RCW 90.70.027.]
*Reviser’s note: The Puget Sound water quality authority and its
powers and duties, pursuant to the Sunset Act, chapter 43.131 RCW, were
terminated June 30, 1995, and repealed June 30, 1996. See 1990 c 115 §§
11 and 12. Powers, duties, and functions of the Puget Sound water quality
authority pertaining to cleanup and protection of Puget Sound transferred to
the Puget Sound action team by 1996 c 138 § 11. See RCW 90.71.903.
Severability—1992 c 63: See note following RCW 43.63A.240.
90.71.100 Shellfish - on-site sewage grant program—Priority areas—Memorandum of understanding.
(1) The action team shall establish a shellfish - on-site
sewage grant program in Puget Sound and for Pacific and
Grays Harbor counties. The action team shall provide funds
to local health jurisdictions to be used as grants to individuals for improving their on-site sewage systems. The grants
may be provided only in areas that have the potential to
adversely affect water quality in commercial and recreational
shellfish growing areas. A recipient of a grant shall enter
into an agreement with the appropriate local health jurisdiction to maintain the improved on-site sewage system
according to specifications required by the local health
jurisdiction. The action team shall work closely with local
health jurisdictions and shall endeavor to attain geographic
equity between Willapa Bay and the Puget Sound when
making funds available under this program. For the purposes of this subsection, "geographic equity" means issuing onsite sewage grants at a level that matches the funds generated from the oyster reserve lands in that area.
(2) In the Puget Sound, the action team shall give first
priority to areas that are:
(2002 Ed.)
90.71.070
(a) Identified as "areas of special concern" under WAC
246-272-01001; or
(b) Included within a shellfish protection district under
chapter 90.72 RCW.
(3) In Grays Harbor and Pacific counties, the action
team shall give first priority to preventing the deterioration
of water quality in areas where commercial or recreational
shellfish are grown.
(4) The action team and each participating local health
jurisdiction shall enter into a memorandum of understanding
that will establish an applicant income eligibility requirement
for individual grant applicants from within the jurisdiction
and other mutually agreeable terms and conditions of the
grant program.
(5) The action team may recover the costs to administer
this program not to exceed ten percent of the shellfish - onsite sewage grant program.
(6) For the 2001-2003 biennium, the action team may
use up to fifty percent of the shellfish - on-site sewage grant
program funds for grants to local health jurisdictions to
establish areas of special concern under WAC 246-27201001, or for operation and maintenance programs therein,
where commercial and recreational uses are present. [2001
c 273 § 3.]
90.71.900 Short title—1996 c 138. This act may be
known and cited as the Puget Sound water quality protection
act. [1996 c 138 § 15.]
90.71.901 Captions not law. Captions used in this
chapter do not constitute any part of the law. [1996 c 138
§ 14.]
90.71.902 Implementation and requirements of plan
not affected by repeal—1990 c 115. Nothing in *RCW
43.131.370 shall affect the implementation and requirements
of the Puget Sound water quality management plan existing
on June 30, 1995, or such other effective date of repeal of
the laws referenced in *RCW 43.131.370. The implementation of the plan on and after that date shall be the responsibility of such entities as are provided by the legislature.
[1990 c 115 § 13. Formerly RCW 90.70.902.]
*Reviser’s note: RCW 43.131.370, which sunsetted the Puget Sound
water quality authority June 30, 1996, has been decodified. See Table of
Disposition of Former RCW Sections, Volume 0.
90.71.903 Transfer of powers, duties, and functions—References to executive director or Puget Sound
water quality authority. (1) The powers, duties, and
functions of the Puget Sound water quality authority pertaining to the cleanup and protection of Puget Sound are
transferred to the Puget Sound action team. All references
to the executive director or the Puget Sound water quality
authority in the Revised Code of Washington shall be
construed to mean the chair of the action team or the action
team when referring to the functions transferred in this section.
(2)(a) All reports, documents, surveys, books, records,
files, papers, or written material in the possession of the
authority pertaining to the powers, functions, and duties
transferred shall be delivered to the custody of the action
[Title 90 RCW—page 123]
90.71.903
Title 90 RCW: Water Rights—Environment
team. All cabinets, furniture, office equipment, motor vehicles, and other tangible property employed by the authority
in carrying out the powers, functions, and duties transferred
shall be made available to the action team. All funds,
credits, or other assets held in connection with the powers,
functions, and duties transferred shall be assigned to the
action team.
(b) Any appropriations made to the authority for
carrying out the powers, functions, and duties transferred
shall, on June 30, 1996, be transferred and credited to the
action team.
(c) Whenever any question arises as to the transfer of
any personnel, funds, books, documents, records, papers,
files, equipment, or other tangible property used or held in
the exercise of the powers and the performance of the duties
and functions transferred, the director of financial management shall make a determination as to the proper allocation
and certify the same to the state agencies concerned.
(3) All rules and all pending business before the
authority pertaining to the powers, functions, and duties
transferred shall be continued and acted upon by the action
team. All existing contracts and obligations shall remain in
full force and shall be performed by the action team.
(4) The transfer of the powers, duties, functions, and
personnel of the authority shall not affect the validity of any
act performed before June 30, 1996.
(5) If apportionments of budgeted funds are required
because of the transfers directed by this section, the director
of financial management shall certify the apportionments to
the agencies affected, the state auditor, and the state treasurer. Each of these shall make the appropriate transfer and
adjustments in funds and appropriation accounts and equipment records in accordance with the certification. [1996 c
138 § 11.]
Chapter 90.72
SHELLFISH PROTECTION DISTRICTS
Sections
90.72.020
90.72.030
90.72.040
90.72.045
90.72.060
90.72.065
90.72.070
90.72.080
90.72.900
90.72.905
Shellfish tidelands.
Shellfish protection districts—Establishment—Governing
body—Programs.
Shellfish protection districts—Creation—Boundaries—
Cooperation with governmental entities—Abolition—
Referendum to repeal creation—Certain fees not permitted.
Shellfish protection districts—Programs required after closure or downgrading of growing area classification.
Decisions addressing conflicting uses—Integration of the
state environmental policy act and county ordinances
and resolutions with programs.
Plans to control pollution effects of animal waste—Contracts
with conservation districts.
Program financing—Activities not subject to fees, rates, or
charges—Collection of charges or rates.
State water quality financial assistance—Priority to counties
with shellfish protection districts.
Certain authority of counties not affected by chapter.
Severability—1992 c 100.
90.72.020 Shellfish tidelands. For purposes of this
chapter, "shellfish tidelands" means all saltwater tidelands on
which shellfish are grown or harvested for human consumption. [1985 c 417 § 2.]
[Title 90 RCW—page 124]
90.72.030 Shellfish protection districts—
Establishment—Governing body—Programs. The legislative authority of each county having shellfish tidelands
within its boundaries is authorized to establish a shellfish
protection district to include areas in which nonpoint
pollution threatens the water quality upon which the continuation or restoration of shellfish farming or harvesting is
dependent. The legislative authority shall constitute the
governing body of the district and shall adopt a shellfish
protection program to be effective within the district. The
legislative authority may appoint a local advisory council to
advise the legislative authority in preparation and implementation of shellfish protection programs. This program shall
include any elements deemed appropriate to deal with the
nonpoint pollution threatening water quality, including, but
not limited to, requiring the elimination or decrease of
contaminants in storm water runoff, establishing monitoring,
inspection, and repair elements to ensure that on-site sewage
systems are adequately maintained and working properly,
assuring that animal grazing and manure management
practices are consistent with best management practices, and
establishing educational and public involvement programs to
inform citizens on the causes of the threatening nonpoint
pollution and what they can do to decrease the amount of
such pollution. An element may be omitted where another
program is effectively addressing those sources of nonpoint
water pollution. Within the limits of RCW 90.72.040 and
90.72.070, the county legislative authority shall have full
jurisdiction and authority to manage, regulate, and control its
programs and to fix, alter, regulate, and control the fees for
services provided and charges or rates as provided under
those programs. Programs established under this chapter,
may, but are not required to, be part of a system of sewerage
as defined in RCW 36.94.010. [1992 c 100 § 2; 1985 c 417
§ 3.]
Findings—1992 c 100: "The legislature finds that shellfish harvesting
is important to our economy and way of life. Washington state is an
international leader in the cultivation and production of shellfish. However,
large portions of the state’s productive recreational and commercial shellfish
beds are closed to harvesting, and more are threatened, because of water
pollution. The legislature finds that the problem of shellfish bed closures
demands a public policy solution and that the state, local governments, and
individuals must each take strong and swift action or this precious resource
will be lost.
It is the goal of the legislature to prevent further closures of recreational and commercial shellfish beds, to restore water quality in saltwater
tidelands to allow the reopening of at least one restricted or closed shellfish
bed each year, and to ensure Washington state’s commanding international
position in shellfish production.
The legislature finds that failing on-site sewage systems and animal
waste are the two most significant causes of shellfish bed closures over the
past decade. Remedial actions at the local level are required to effectively
address these problems.
The legislature finds that existing entities, including conservation
districts and local health departments, should be used by counties to address
the water quality problems affecting the recreational and commercial
shellfish harvest.
The legislature finds that local action in each watershed where
shellfish are harvested is required to protect this vital resource. The
legislature hereby encourages all counties having saltwater tidelands within
their boundaries to establish shellfish protection districts and programs
designed to prevent any further degradation and contamination and to allow
for restoration and reopening of closed shellfish growing areas." [1992 c
100 § 1.]
90.72.040 Shellfish protection districts—Creation—
Boundaries—Cooperation with governmental entities—
(2002 Ed.)
Shellfish Protection Districts
Abolition—Referendum to repeal creation—Certain fees
not permitted. (1) The county legislative authority may
create a shellfish protection district on its own motion or by
submitting the question to the voters of the proposed district
and obtaining the approval of a majority of those voting.
The boundaries of the district shall be determined by the
legislative authority. The legislative authority may create
more than one district. A district may include any area or
areas within the county, whether incorporated or unincorporated. Counties shall coordinate and cooperate with cities,
towns, and water-related special districts within their
boundaries in establishing shellfish protection districts and
carrying out shellfish protection programs. Where a portion
of the proposed district lies within an incorporated area, the
county shall develop procedures for the participation of the
city or town in the determination of the boundaries of the
district and the administration of the district, including
funding of the district’s programs. The legislative authority
of more than one county may by agreement provide for the
creation of a district including areas within each of those
counties. County legislative authorities are encouraged to
coordinate their plans and programs to protect shellfish
growing areas, especially where shellfish growing areas are
located within the boundaries of more than one county. The
legislative authority or authorities creating a district may
abolish a shellfish protection district on its or their own
motion or by submitting the question to the voters of the
district and obtaining the approval of a majority of those
voting.
(2) If the county legislative authority creates a shellfish
protection district by its own motion, any registered voter
residing within the boundaries of the shellfish protection
district may file a referendum petition to repeal the ordinance that created the district. Any referendum petition to
repeal the ordinance creating the shellfish protection district
shall be filed with the county auditor within seven days of
passage of the ordinance. Within ten days of the filing of a
petition, the county auditor shall confer with the petitioner
concerning form and style of the petition, issue an identification number for the petition, and write a ballot title for the
measure. The ballot title shall be posed as a question so that
an affirmative answer to the question and an affirmative vote
on the measure results in creation of the shellfish protection
district and a negative answer to the question and a negative
vote on the measure results in the shellfish protection district
not being created. The petitioner shall be notified of the
identification number and ballot title within this ten-day
period.
After this notification, the petitioner shall have thirty
days in which to secure on petition forms the signatures of
not less than twenty-five percent of the registered voters
residing within the boundaries of the shellfish protection
district and file the signed petitions with the county auditor.
Each petition form shall contain the ballot title and full text
of the measure to be referred. The county auditor shall
verify the sufficiency of the signatures on the petitions. If
sufficient valid signatures are properly submitted, the county
auditor shall submit the referendum measure to the registered
voters residing in the shellfish protection district in a special
election no later than one hundred twenty days after the
signed petition has been filed with the county auditor. The
(2002 Ed.)
90.72.040
special election may be conducted by mail ballot as provided
for in chapter 29.36 RCW.
(3) The county legislative authority shall not impose
fees, rates, or charges for shellfish protection district programs upon properties on which fees, rates, or charges are
imposed under chapter 36.89 or 36.94 RCW for substantially
the same programs and services. [1997 c 447 § 20; 1992 c
100 § 3; 1985 c 417 § 4.]
Finding—Purpose—1997 c 447: See note following RCW
70.05.074.
Findings—1992 c 100: See note following RCW 90.72.030.
90.72.045 Shellfish protection districts—Programs
required after closure or downgrading of growing area
classification. The county legislative authority shall create
a shellfish protection district and establish a shellfish
protection program to address causes of pollution within one
hundred eighty days after the department of health, because
of water quality degradation due to ongoing nonpoint sources
of pollution, has, after June 11, 1992, closed or downgraded
the classification of a recreational or commercial shellfish
growing area within the boundaries of the county. [1992 c
100 § 4.]
Findings—1992 c 100: See note following RCW 90.72.030.
90.72.060 Decisions addressing conflicting uses—
Integration of the state environmental policy act and
county ordinances and resolutions with programs.
Whenever a governmental entity makes a decision which
addresses a matter in which there is a conflict between (1)
on the one hand, a proposed development, proposed change
in land use controls, or proposed change in the provision of
utility services; and (2) on the other hand, the long-term use
of an area for the growing or harvesting of shellfish, which
area is within the boundaries of a shellfish protection district,
then the governmental entity making the decision must
observe the requirements of chapter 43.21C RCW and
county ordinances or resolutions integrating the state
environmental policy act of 1971 into the various programs
under county jurisdiction. [1985 c 417 § 6.]
90.72.065 Plans to control pollution effects of
animal waste—Contracts with conservation districts.
Within available funding and as specified in the shellfish
protection program, counties creating shellfish protection
districts shall contract with conservation districts to draft
plans with landowners to control pollution effects of animal
waste. [1992 c 100 § 5.]
Findings—1992 c 100: See note following RCW 90.72.030.
90.72.070 Program financing—Activities not subject
to fees, rates, or charges—Collection of charges or rates.
The county legislative authority establishing a shellfish
protection district may finance the protection program
through (1) county tax revenues, (2) reasonable inspection
fees and similar fees for services provided, (3) reasonable
charges or rates specified in its protection program, or (4)
federal, state, or private grants. Confined animal feeding
operations subject to the national pollutant discharge elimination system and implementing regulations shall not be
subject to fees, rates, or charges by a shellfish protection
[Title 90 RCW—page 125]
90.72.070
Title 90 RCW: Water Rights—Environment
district. Facilities permitted and assessed fees for
wastewater discharge under the national pollutant discharge
elimination system shall not be subject to fees, rates, or
charges for wastewater discharge by a shellfish protection
district. Lands classified as forest land under chapter 84.33
RCW and timber land under chapter 84.34 RCW shall not be
subject to fees, rates, or charges by a shellfish protection
district. Counties may collect charges or rates in the manner
determined by the county legislative authority. [1992 c 100
§ 6; 1985 c 417 § 7.]
Findings—1992 c 100: See note following RCW 90.72.030.
90.72.080 State water quality financial assistance—
Priority to counties with shellfish protection districts.
Counties that have formed shellfish protection districts shall
receive high priority for state water quality financial assistance to implement shellfish protection programs, including
grants and loans provided under chapters 43.99F, 70.146,
and 90.50A RCW. [1992 c 100 § 7.]
Findings—1992 c 100: See note following RCW 90.72.030.
90.72.900 Certain authority of counties not affected
by chapter. This chapter shall not be considered as diminishing or affecting the authority of a county to adopt and
enforce programs or controls, within all or a portion of the
county, to deal with nonpoint pollution. [1985 c 417 § 8.]
90.72.905 Severability—1992 c 100. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1992 c 100 § 10.]
Chapter 90.74
AQUATIC RESOURCES MITIGATION
Sections
90.74.005
90.74.010
90.74.020
90.74.030
Findings—Intent.
Definitions.
Mitigation plans.
Regulatory decisions, guidance—Multiple requests for review of mitigation plans.
90.74.005 Findings—Intent. (1) The legislature finds
that:
(a) The state lacks a clear policy relating to the mitigation of wetlands and aquatic habitat for infrastructure
development;
(b) Regulatory agencies have generally required project
proponents to use compensatory mitigation only at the site
of the project’s impacts and to mitigate narrowly for the
habitat or biological functions impacted by a project;
(c) This practice of considering traditional on-site, inkind mitigation may provide fewer environmental benefits
when compared to innovative mitigation proposals that
provide benefits in advance of a project’s planned impacts
and that restore functions or habitat other than those impacted at a project site; and
(d) Regulatory decisions on development proposals that
attempt to incorporate innovative mitigation measures take
[Title 90 RCW—page 126]
an unreasonably long period of time and are subject to a
great deal of uncertainty and additional expenses.
(2) The legislature therefore declares that it is the policy
of the state to authorize innovative mitigation measures by
requiring state regulatory agencies to consider mitigation
proposals for infrastructure projects that are timed, designed,
and located in a manner to provide equal or better biological
functions and values compared to traditional on-site, in-kind
mitigation proposals.
(3) It is the intent of the legislature to authorize local
governments to accommodate the goals of this chapter. It is
not the intent of the legislature to: (a) Restrict the ability of
a project proponent to pursue project specific mitigation; or
(b) create any new authority for regulating wetlands or
aquatic habitat beyond what is specifically provided for in
this chapter. [1997 c 424 § 1.]
90.74.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Mitigation" means sequentially avoiding impacts,
minimizing impacts, or compensating for remaining unavoidable impacts.
(2) "Compensatory mitigation" means the restoration,
creation, enhancement, or preservation of uplands, wetlands,
or other aquatic resources for the purposes of compensating
for unavoidable adverse impacts that remain after all appropriate and practicable avoidance and minimization has
been achieved. "Compensatory mitigation" includes mitigation that:
(a) Occurs at the same time as, or in advance of, a
project’s planned environmental impacts;
(b) Is located in a site either on, near, or distant from
the project’s impacts; and
(c) Provides either the same or different biological
functions and values as the functions and values impacted by
the project.
(3) "Infrastructure development" means an action that is
critical for the maintenance or expansion of an existing
infrastructure feature such as a highway, rail line, airport,
marine terminal, utility corridor, harbor area, or hydroelectric
facility and is consistent with an approved land use planning
process. This planning process may include the growth
management act, chapter 36.70A RCW, or the shoreline
management act, chapter 90.58 RCW, in areas covered by
those chapters.
(4) "Mitigation plan" means a document or set of
documents developed through joint discussions between a
project proponent and environmental regulatory agencies that
describe the unavoidable wetland or aquatic resource impacts
of the proposed infrastructure development and the proposed
compensatory mitigation for those impacts.
(5) "Project proponent" means a public or private entity
responsible for preparing a mitigation plan.
(6) "Watershed" means an area identified as a state of
Washington water resource inventory area under WAC 173500-040 as it exists on July 27, 1997. [1997 c 424 § 2.]
90.74.020 Mitigation plans. (1) Project proponents
may use a mitigation plan to propose compensatory mitigation within a watershed. A mitigation plan shall:
(2002 Ed.)
Aquatic Resources Mitigation
(a) Contain provisions that guarantee the long-term
viability of the created, restored, enhanced, or preserved
habitat, including assurances for protecting any essential
biological functions and values defined in the mitigation
plan;
(b) Contain provisions for long-term monitoring of any
created, restored, or enhanced mitigation site; and
(c) Be consistent with the local comprehensive land use
plan and any other applicable planning process in effect for
the development area, such as an adopted subbasin or
watershed plan.
(2) The departments of ecology and fish and wildlife
may not limit the scope of options in a mitigation plan to
areas on or near the project site, or to habitat types of the
same type as contained on the project site. The departments
of ecology and fish and wildlife shall fully review and give
due consideration to compensatory mitigation proposals that
improve the overall biological functions and values of the
watershed or bay and accommodate the mitigation needs of
infrastructure development.
The departments of ecology and fish and wildlife are
not required to grant approval to a mitigation plan that the
departments find does not provide equal or better biological
functions and values within the watershed or bay.
(3) When making a permit or other regulatory decision
under the guidance of this chapter, the departments of
ecology and fish and wildlife shall consider whether the
mitigation plan provides equal or better biological functions
and values, compared to the existing conditions, for the
target resources or species identified in the mitigation plan.
This consideration shall be based upon the following factors:
(a) The relative value of the mitigation for the target
resources, in terms of the quality and quantity of biological
functions and values provided;
(b) The compatibility of the proposal with the intent of
broader resource management and habitat management
objectives and plans, such as existing resource management
plans, watershed plans, critical areas ordinances, and
shoreline master programs;
(c) The ability of the mitigation to address scarce
functions or values within a watershed;
(d) The benefits of the proposal to broader watershed
landscape, including the benefits of connecting various
habitat units or providing population-limiting habitats or
functions for target species;
(e) The benefits of early implementation of habitat
mitigation for projects that provide compensatory mitigation
in advance of the project’s planned impacts; and
(f) The significance of any negative impacts to nontarget
species or resources.
(4) A mitigation plan may be approved through a
memorandum of agreement between the project proponent
and either the department of ecology or the department of
fish and wildlife, or both. [1997 c 424 § 3.]
90.74.030 Regulatory decisions, guidance—Multiple
requests for review of mitigation plans. (1) In making
regulatory decisions relating to wetland or aquatic resource
mitigation, the departments of ecology and fish and wildlife
shall, at the request of the project proponent, follow the
guidance of RCW 90.74.005 through 90.74.020.
(2002 Ed.)
90.74.020
(2) If the department of ecology or the department of
fish and wildlife receives multiple requests for review of
mitigation plans, each department may schedule its review
of these proposals to conform to available budgetary resources. [1997 c 424 § 4.]
Chapter 90.76
UNDERGROUND STORAGE TANKS
Sections
90.76.005 Legislative finding and intent.
90.76.010 Definitions.
90.76.020 Department’s powers and duties.
90.76.040 Environmentally sensitive areas.
90.76.050 Delivery of regulated substances—Expiration of subsection.
90.76.060 Investigation and access.
90.76.070 Enforcement.
90.76.080 Penalties.
90.76.090 Annual tank fee.
90.76.100 Underground storage tank account.
90.76.110 Preemption.
90.76.120 Annual report.
90.76.900 Captions not law.
90.76.901 Severability—1989 c 346.
90.76.902 Effective date—1989 c 346.
Reviser’s note—Sunset Act application: The underground storage
tank program is subject to review, termination, and possible extension under
chapter 43.131 RCW, the Sunset Act. See RCW 43.131.393. RCW
90.76.005 through 90.76.120 and 90.76.900 through 90.76.902 are scheduled
for future repeal under RCW 43.131.394.
90.76.005 Legislative finding and intent. The
legislature finds that leaking underground storage tanks
containing petroleum and other regulated substances pose a
serious threat to human health and the environment. To
address this threat, the legislature intends for the department
of ecology to establish an underground storage tank program
designed, operated, and enforced in a manner that, at a
minimum, meets the requirements for delegation of the
federal underground storage tank program of the resource
conservation and recovery act of 1976, as amended (42
U.S.C. Sec. 6901, et seq.). The legislature intends that
statewide requirements for underground storage tanks
adopted by the department be consistent with and no less
stringent than the objectives outlined in the federal regulations.
The legislature further finds that certain areas of the
state possess physical characteristics that make them especially vulnerable to threats from leaking underground storage
tanks and that in these environmentally sensitive areas, local
requirements more stringent than the statewide requirements
may apply. [1989 c 346 § 1.]
Sunset Act application: See note following chapter digest.
90.76.010 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Director" means the director of the department.
(3) "Facility compliance tag" means a marker, constructed of metal, plastic, or other durable material, that clearly
identifies all qualifying underground storage tanks on the
particular site for which it is issued.
[Title 90 RCW—page 127]
90.76.010
Title 90 RCW: Water Rights—Environment
(4) "Federal act" means the federal resource conservation and recovery act, as amended (42 U.S.C. Sec. 6901, et
seq.).
(5) "Federal regulations" means the underground storage
tanks regulations (40 C.F.R. Secs. 280 and 281) adopted by
the United States environmental protection agency under the
federal act.
Except as provided in this section and any rules adopted
by the department under this chapter, the definitions contained in the federal regulations apply to the terms in this
chapter. [1998 c 155 § 1; 1989 c 346 § 2.]
Sunset Act application: See note following chapter digest.
90.76.020 Department’s powers and duties. (1) The
department shall adopt rules establishing requirements for all
underground storage tanks that are regulated under the
federal act, taking into account the various classes or
categories of tanks to be regulated. The rules must be
consistent with and no less stringent than the federal regulations and consist of requirements for the following:
(a) New underground storage tank system design,
construction, installation, and notification;
(b) Upgrading existing underground storage tank
systems;
(c) General operating requirements;
(d) Release detection;
(e) Release reporting;
(f) Out-of-service underground storage tank systems and
closure; and
(g) Financial responsibility for underground storage
tanks containing regulated substances.
(2) The department shall adopt rules:
(a) Establishing physical site criteria to be used in
designating local environmentally sensitive areas;
(b) Establishing procedures for local government
application for this designation; and
(c) Establishing procedures for local government
adoption and department approval of rules more stringent
than the statewide standards in these designated areas.
(3) The department shall establish by rule an administrative and enforcement program that is consistent with and no
less stringent than the program required under the federal
regulations in the areas of:
(a) Compliance monitoring, including procedures for
recordkeeping and a program for systematic inspections;
(b) Enforcement;
(c) Public participation; and
(d) Information sharing.
(4) The department shall establish a program that
provides for the annual licensing of underground storage
tanks. The license shall take the form of a tank endorsement
on the facility’s annual master business license issued by the
department of licensing. A tank is not eligible for a license
unless the owner or operator can demonstrate compliance
with the requirements of this chapter and the annual tank
fees have been remitted. The department may revoke a tank
license if a facility is not in compliance with this chapter.
The master business license shall be displayed by the tank
owner or operator in a location clearly identifiable.
(5)(a) The department shall issue a one-time "facility
compliance tag" to correspond with the December 22, 1998,
[Title 90 RCW—page 128]
underground storage tank compliance deadline for corrosion,
spill, and overfill protection. Facility compliance tags may
only be issued for facilities that have installed the equipment
required to meet corrosion, spill, and overfill protection
standards that are required by December 22, 1998, and at the
time of tag issuance have demonstrated financial responsibility and paid annual tank fees. The facility shall continue to
maintain compliance with corrosion, spill, and overfill
protection standards, and financial responsibility, and have
remitted annual tank fees to display a facility compliance
tag. The facility compliance tag shall be displayed on the
fire emergency shutoff device, or in the absence of such a
device in close proximity to the fill pipes and clearly identifiable to persons delivering regulated substance to underground storage tanks.
(b) The department may revoke a facility compliance
tag if a facility is not in compliance with the requirements
needed to obtain or display the tag.
(6) The department may establish programs to certify
persons who conduct inspections, testing, closure, cathodic
protection, interior tank lining, corrective action, or other
activities required under this chapter. Certification programs
shall be designed to ensure that each certification will be
effective in all jurisdictions of the state.
(7) When adopting rules under this chapter, the department shall consult with the state building code council to
ensure coordination with the building and fire codes adopted
under chapter 19.27 RCW. [1998 c 155 § 2; 1989 c 346 §
3.]
Sunset Act application: See note following chapter digest.
90.76.040 Environmentally sensitive areas. (1) A
city, town, or county may apply to the department to have an
area within its jurisdictional boundaries designated an
environmentally sensitive area. A city, town, or county may
submit a joint application with any other city, town, or
county for joint administration under chapter 39.34 RCW of
a single environmentally sensitive area located in both
jurisdictions.
(2) A city, town, or county may adopt proposed ordinances or resolutions establishing requirements for underground storage tanks located within an environmentally
sensitive area that are more stringent than the statewide
standards established under RCW 90.76.020. Proposed local
ordinances and resolutions shall only apply to new underground storage tank installations. The local government
adopting the ordinances and resolutions shall submit them to
the department for approval. Disapproved ordinances and
resolutions may be modified and resubmitted to the department for approval. Proposed local ordinances and resolutions become effective when approved by the department.
(3) The department shall approve or disapprove each
proposed local ordinance or resolution based on the following criteria:
(a) The area to be regulated is found to be an environmentally sensitive area based on rules adopted by the
department; and
(b) The proposed local regulations are reasonably
consistent with previously approved local regulations for
similar environmentally sensitive areas.
(2002 Ed.)
Underground Storage Tanks
(4) A city, town, or county for which a proposed local
ordinance or resolution establishing more stringent requirements is approved by the department may establish local
tank fees that meet the requirements of RCW 90.76.090, if
such fees are necessary for enhanced program administration
or enforcement. [1998 c 155 § 3; 1989 c 346 § 5.]
Sunset Act application: See note following chapter digest.
90.76.050 Delivery of regulated substances—
Expiration of subsection. (1) Between June 11, 1998, and
December 22, 1998, persons delivering regulated substances
to underground storage tanks shall not deliver to facilities
that do not have an underground storage tank license. This
subsection expires December 22, 1998.
(2) After December 22, 1998, persons delivering
regulated substances to underground storage tanks shall not
deliver to facilities that do not have a facility compliance tag
displayed as required in RCW 90.76.020(5)(a).
(3) A supplier shall not refuse to deliver regulated
substances to an underground storage tank regulated under
this chapter on the basis of its potential to leak contents
where the facility is either tagged as required in this chapter
or is in compliance with federal underground storage tank
regulations and any state or local regulations then in effect.
This section does not apply to a supplier who does not
directly transfer a regulated substance into an underground
storage tank. [1998 c 155 § 4; 1989 c 346 § 6.]
Sunset Act application: See note following chapter digest.
90.76.060 Investigation and access. (1) If necessary
to determine compliance with the requirements of this
chapter, an authorized representative of the state engaged in
compliance inspections, monitoring, and testing may, by
request, require an owner or operator to submit relevant
information or documents. The department may subpoena
witnesses, documents, and other relevant information that the
department deems necessary. In the case of any refusal to
obey the subpoena, the superior court for any county in
which the person is found, resides, or transacts business has
jurisdiction to issue an order requiring the person to appear
before the department and give testimony or produce
documents. Any failure to obey the order of the court may
be punished by the court as contempt.
(2) Any authorized representative of the state may
require an owner or operator to conduct monitoring or
testing.
(3) Upon reasonable notice, an authorized representative
of the state may enter a premises or site subject to regulation
under this chapter or in which records relevant to the
operation of an underground storage tank system are kept.
In the event of an emergency or in circumstances where
notice would undermine the effectiveness of an inspection,
notice is not required. The authorized representative may
copy these records, obtain samples of regulated substances,
and inspect or conduct monitoring or testing of an underground storage tank system.
(4) For purposes of this section, the term "authorized
representative" or "authorized representative of the state"
means an enforcement officer, employee, or representative
of the department. [1998 c 155 § 5; 1989 c 346 § 7.]
90.76.040
90.76.070 Enforcement. The director may seek
appropriate injunctive or other judicial relief by filing an
action in Thurston county superior court or issue such order
as the director deems appropriate to:
(1) Enjoin any threatened or continuing violation of this
chapter;
(2) Restrain immediately and effectively a person from
engaging in unauthorized activity that results in a violation
of any requirement of this chapter and is endangering or
causing damage to public health or the environment;
(3) Require compliance with requests for information,
access, testing, or monitoring under RCW 90.76.060; or
(4) Assess and recover civil penalties authorized under
RCW 90.76.080. [1989 c 346 § 8.]
Sunset Act application: See note following chapter digest.
90.76.080 Penalties. (1) Except as provided in RCW
43.05.060 through 43.05.080 and 43.05.150, a person who
fails to notify the department pursuant to tank notification
requirements or who submits false information is subject to
a civil penalty not to exceed five thousand dollars per
violation.
(2) Except as provided in RCW 43.05.060 through
43.05.080 and 43.05.150, a person who violates this chapter
is subject to a civil penalty not to exceed five thousand
dollars for each tank per day of violation. [1995 c 403 §
639; 1989 c 346 § 9.]
Sunset Act application: See note following chapter digest.
Findings—Short title—Intent—1995 c 403: See note following
RCW 34.05.328.
Part headings not law—Severability—1995 c 403: See RCW
43.05.903 and 43.05.904.
90.76.090 Annual tank fee. (1) An annual tank fee
of one hundred dollars per tank is effective from July 1,
1998, to June 30, 1999. Annually, beginning on July 1,
1999, and upon a finding by the department that a fee
increase is necessary, the previous tank fee amount may be
increased up to the fiscal growth factor for the next year.
The fiscal growth factor is calculated by the office of financial management under RCW 43.135.025 for the upcoming
biennium. The department shall use the fiscal growth factor
to calculate the fee for the next year and shall publish the
new fee by March 1st before the year for which the new fee
is effective. The new tank fee is effective from July 1st to
June 30th of every year. The tank fee shall be paid by every
person who:
(a) Owns an underground storage tank located in this
state; and
(b) Was required to provide notification to the department under the federal act.
This fee is not required of persons who have (i) permanently closed their tanks, and (ii) if required, have completed
corrective action in accordance with the rules adopted under
this chapter.
(2) The department may authorize the imposition of
additional annual local tank fees in environmentally sensitive
areas designated under RCW 90.76.040. Annual local tank
fees may not exceed fifty percent of the annual state tank
fee.
Sunset Act application: See note following chapter digest.
(2002 Ed.)
[Title 90 RCW—page 129]
90.76.090
Title 90 RCW: Water Rights—Environment
(3) State and local tank fees collected under this section
shall be deposited in the account established under RCW
90.76.100.
(4) Other than the annual local tank fee authorized for
environmentally sensitive areas, no local government may
levy an annual tank fee on the ownership or operation of an
underground storage tank. [1998 c 155 § 6; 1989 c 346 §
10.]
Sunset Act application: See note following chapter digest.
90.76.100 Underground storage tank account. The
underground storage tank account is created in the state
treasury. Money in the account may only be spent, subject
to legislative appropriation, for the administration and
enforcement of the underground storage tank program
established under this chapter. The account shall contain:
(1) All fees collected under RCW 90.76.090; and
(2) All fines or penalties collected under RCW
90.76.080. [1991 sp.s. c 13 § 72; 1989 c 346 § 11.]
Sunset Act application: See note following chapter digest.
Effective dates—Severability—1991 sp.s. c 13: See notes following
RCW 18.08.240.
90.76.110 Preemption. (1) Except as provided in
RCW 90.76.040 and subsections (2), (3), (4), and (5) of this
section, the rules adopted under this chapter supersede and
preempt any state or local underground storage tank law,
ordinance, or resolution governing any aspect of regulation
covered by the rules adopted under this chapter.
(2) Provisions of the uniform fire code adopted under
chapter 19.27 RCW, which are not more stringent than, and
do not directly conflict with, rules adopted under this chapter
are not superseded or preempted.
(3) Local laws, ordinances, and resolutions pertaining to
local authority to take immediate action in response to a
release of a regulated substance are not superseded or
preempted.
(4) City, town, or county underground storage tank
ordinances that are more stringent than the federal regulations and the uniform codes adopted under chapter 19.27
RCW and that are in effect on November 1, 1988, are not
superseded or preempted. A city, town, or county with an
ordinance that meets these criteria shall notify the department of the existence of that ordinance by July 1, 1989.
(5) Local laws, ordinances, and resolutions pertaining to
permits and fees for the use of underground storage tanks in
street right of ways that were in existence prior to July 1,
1990, are not superseded or preempted. [1991 c 83 § 1;
1989 c 346 § 12.]
Sunset Act application: See note following chapter digest.
90.76.120 Annual report. The department shall
submit an annual report to the appropriate standing committees of the legislature for five years beginning January 1,
1990, on the implementation of the underground storage tank
regulatory program, including a report on state and local tank
fees. This report shall detail the number of corrective
actions taken with regard to leaking underground storage
tanks and their associated costs, including anticipated future
cleanup costs. [1989 c 346 § 13.]
Sunset Act application: See note following chapter digest.
[Title 90 RCW—page 130]
90.76.900 Captions not law. Section headings used
in this chapter do not constitute any part of the law. [1989
c 346 § 15.]
Sunset Act application: See note following chapter digest.
90.76.901 Severability—1989 c 346. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1989 c 346 § 14.]
Sunset Act application: See note following chapter digest.
90.76.902 Effective date—1989 c 346. (1) Except as
provided in subsection (2) of this section, RCW 90.76.050,
90.76.110, and 19.27.080 take effect on July 1, 1990.
(2) This section shall apply only if this act becomes
effective as provided under *section 20(2) of this act. [1989
c 346 § 18.]
*Reviser’s note: Section 20(2) is an uncodified section that made a
state reinsurance program for owners and operators of underground storage
tanks a prerequisite to 1989 c 346 taking effect. 1989 c 383 created such
a program.
Sunset Act application: See note following chapter digest.
Chapter 90.78
HIGHWAY-RELATED STORM
WATER MANAGEMENT
Sections
90.78.005
90.78.010
90.78.020
90.78.900
Findings—Intent.
Storm water management funding and implementation program for highway and roadway-related problems.
Grants to implement highway and roadway-related storm
water control measures—Oversight by committee.
Expiration of chapter.
90.78.005 Findings—Intent. (Expires July 1, 2003.)
The legislature finds that the increasing population and
continued development throughout the state have increased
the need for storm water control. Storm water impacts have
resulted in increased public health risks related to drinking
water and agricultural and seafood products; increased
disruption of economic activity, transportation facilities, and
other public and private land and facilities due to the lack of
adequate flood control measures; adverse affects [effects] on
state fish populations and watershed hydrology; and contamination of sediments.
In addition, current storm water control and management
efforts related to transportation projects lack necessary
coordination on a watershed, regional, and statewide basis;
have inadequate funding; and fail to maximize use of
available resources.
More stringent regulatory requirements have increased
the costs that state and local governments must incur to deal
with significant sources of pollution such as storm water.
The costs estimated to properly maintain and construct storm
water facilities far exceed available revenues.
Therefore, it is the intent of the legislature to establish
a program to develop a statewide coordination mechanism
for the funding of state, county, and city highway and
roadway-related storm water management and control projects that will facilitate the completion of the state’s most
(2002 Ed.)
Highway-Related Storm Water Management
urgently needed storm water projects in the most costeffective manner. Unexpended annual utility fee payments
that are not collected by virtue of defaulting in preparing a
plan must be used in the storm water grant program as defined in RCW 90.78.010 and 90.78.020. [1999 c 242 § 1;
1996 c 285 § 2.]
Expiration date—1999 c 242 §§ 1-3: "Sections 1 through 3 of this
act expire July 1, 2003." [1999 c 242 § 5.]
90.78.010 Storm water management funding and
implementation program for highway and roadwayrelated problems. (Expires July 1, 2003.) The department
of transportation, in cooperation with the transportation
improvement board, the department of ecology, cities, towns,
counties, environmental organizations, business organizations, Indian tribes, and port districts, shall develop a storm
water management funding and implementation program to
address state, county, and city highway and roadway-related
storm water control problems. As part of the program, the
department may provide grants and may rate and rank local
transportation improvement projects to facilitate the construction of the highest priority stand-alone state and local storm
water management retrofit projects based on cost-effectiveness and contribution toward improved water quality,
mitigating the impacts of altered stream hydrology, improved
salmonid habitat, and reduced flooding in a watershed.
The program shall address, but is not limited to, the
following objectives: (1) Greater statewide coordination of
the construction of storm water treatment facilities; (2)
encouraging multijurisdictional projects; (3) developing
priorities and approaches for implementing activities within
watersheds; (4) methods to enhance, preserve, and restore
salmonid habitat; (5) identification and prioritization of storm
water retrofit programs; (6) evaluating methods to determine
cost benefits of proposed projects; (7) identifying ways to
facilitate the sharing of technical resources; (8) developing
methods for monitoring and evaluating activities carried out
under the program; and (9) identifying potential funding
sources for continuation of the program. [1999 c 242 § 2;
1996 c 285 § 3.]
Expiration date—1999 c 242 §§ 1-3: See note following RCW
90.78.005.
90.78.020 Grants to implement highway and
roadway-related storm water control measures—
Oversight by committee. (Expires July 1, 2003.) The
department of transportation may provide grants and may
rate and rank local transportation improvement projects to
implement state, county, and city highway and roadwayrelated storm water control measures. Cities, towns, counties, port districts, Indian tribes, and the department of
transportation are eligible to receive grants, on a matching
basis. The transportation improvement board may administer
all grant programs specifically designed to assist cities,
counties, and local governments with storm water mitigation
associated with transportation projects. A committee consisting of two representatives each from the department of
transportation, with one as chair, the department of ecology,
cities, and counties, and one representative each from the
transportation improvement board, the department of fish and
wildlife, an environmental organization, and a business orga(2002 Ed.)
90.78.005
nization, shall oversee the grant program. The committee
may add representatives of other agencies, organizations, or
interest groups to serve as members of the committee or in
an advisory capacity. In developing project criteria, the
committee shall identify the most urgent state, county, and
city highway and roadway-related storm water management
and control problems; develop methods for applying priorities across watersheds; give added weight to projects based
on local contribution, multijurisdictional involvement, and
whether the project is a priority for a local storm water utility; and determine the benefits of, and, if appropriate, provide
incentives for off-site placement of storm water facilities and
out-of-kind mitigation for storm water impacts. [1999 c 242
§ 3; 1996 c 285 § 4.]
Expiration date—1999 c 242 §§ 1-3: See note following RCW
90.78.005.
90.78.900 Expiration of chapter. This chapter
expires July 1, 2003. [1996 c 285 § 5.]
Chapter 90.80
WATER CONSERVANCY BOARDS
Sections
90.80.005
90.80.010
90.80.020
90.80.030
90.80.035
90.80.040
90.80.050
90.80.055
90.80.057
90.80.060
90.80.065
90.80.070
90.80.080
90.80.090
90.80.100
90.80.110
90.80.120
90.80.130
90.80.135
90.80.140
90.80.150
90.80.900
90.80.901
Findings.
Definitions.
Water conservancy boards—Creation.
Petition for board creation—Required information—
Approval or denial—Description of training requirements.
Water conservancy boards for water resource inventory areas—Multicounty water conservancy boards—Petition
for creation.
Rules—Minimum training requirements and continuing education.
Corporate powers—Board composition—Members’ terms,
expenses.
Additional board powers.
Quorum.
Board powers—Funding.
Dissolution of board.
Applications for water transfers—Notice—Record of decision—Review.
Records of decision—Transmittal to department and others—Internet posting—Review.
Appeals from director’s decisions.
Damages arising from records of decisions on transfers—
Immunity.
Approval of interties.
Conflicts of interest.
Application of open public meetings act.
Application of chapter 42.17 RCW.
Transfers approved under chapter 90.03 or 90.44 RCW not
affected.
Reports to legislative committees.
Severability—1997 c 441.
Reports to the legislature.
90.80.005 Findings. The legislature finds:
(1) Voluntary water right transfers can reallocate water
use in a manner that will result in more efficient use of
water resources;
(2) Voluntary water right transfers can help alleviate
water shortages, save capital outlays, reduce development
costs, and provide an incentive for investment in water
conservation efforts by water right holders; and
[Title 90 RCW—page 131]
90.80.005
Title 90 RCW: Water Rights—Environment
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
in the county not less than ten days nor more than thirty
days before the date of the hearing. The notice shall
describe the time, date, place, and purpose of the hearing, as
well as the purpose of the board. Following the hearing, the
county legislative authority may adopt a resolution approving
the creation of the board if it finds that the board’s creation
is in the public interest. [1997 c 441 § 3.]
90.80.010 Definitions. The following definitions
apply throughout this chapter, unless the context clearly
requires otherwise.
(1) "Board" means a water conservancy board created
under this chapter.
(2) "Commissioner" means a member of a water
conservancy board.
(3) "Department" means the department of ecology.
(4) "Director" means the director of the department of
ecology.
(5) "Record of decision" means the conclusion reached
by a water conservancy board regarding an application for a
transfer filed with the board.
(6) "Transfer" means a transfer, change, amendment, or
other alteration of a part or all of a water right authorized
under RCW 90.03.380, 90.03.390, or 90.44.100. [2001 c
237 § 7; 1997 c 441 § 2.]
90.80.030 Petition for board creation—Required
information—Approval or denial—Description of training
requirements. (1) The county legislative authority shall
forward a copy of the resolution or petition calling for the
creation of the board, a copy of the resolution approving the
creation of the board, and a summary of the public testimony
presented at the public hearing to the director following the
adoption of the resolution calling for the board’s creation.
(2) The director shall approve or deny the creation of a
board within forty-five days after the county legislative
authority has submitted all information required under
subsection (1) of this section. The director must determine
whether the creation of the board would further the purposes
of this chapter and is in the public interest. The director
shall include a description of the necessary training requirements for commissioners in the notice of approval sent to the
county legislative authority. [1997 c 441 § 4.]
(3) The state should expedite the administrative process
for water right transfers by authorizing the establishment of
water conservancy boards. [2001 c 237 § 6; 1997 c 441 §
1.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.020 Water conservancy boards—Creation.
(1) The county legislative authority of a county may create
a water conservancy board, subject to approval by the
director, for the purpose of expediting voluntary water
transfers within the county.
(2) A water conservancy board may be initiated by: (a)
A resolution of the county legislative authority; (b) a
resolution presented to the county legislative authority calling
for the creation of a board by the legislative authority of an
irrigation district, public utility district that operates a public
water system, a reclamation district, a city operating a public
water system, or a water-sewer district that operates a public
water system; (c) a resolution by the governing body of a
cooperative or mutual corporation that operates a public
water system serving one hundred or more accounts; (d) a
petition signed by five or more water rights holders, including their addresses, who divert water for use within the
county; or (e) any combination of (a) through (d) of this
subsection. The resolution or petition must state the need
for the board, include proposed bylaws or rules and procedures that will govern the operation of the board, identify the
geographic boundaries where there is an initial interest in
transacting water sales or transfers, and describe the proposed method for funding the operation of the board.
(3) After receiving a resolution or petition to create a
board, a county legislative authority shall determine its
sufficiency. If the county legislative authority finds that the
resolution or petition is sufficient, or if the county is
initiating the creation of a board upon its own motion, it
shall hold at least one public hearing on the proposed
creation of the board. Notice of the hearing shall be
published at least once in a newspaper of general circulation
[Title 90 RCW—page 132]
90.80.035 Water conservancy boards for water
resource inventory areas—Multicounty water
conservancy boards—Petition for creation. (1) If a county
is the only county having lands comprising a water resource
inventory area as defined in chapter 173-500 WAC, the
county may elect to establish a water conservancy board for
the water resource inventory area, rather than for the entire
county.
(2) Counties having lands within a water resource
inventory area may jointly petition the department for
establishment of a water conservancy board for the water
resource inventory area. Counties may jointly petition the
department to establish boards serving multiple counties or
one or more water resource inventory areas. For any of
these multicounty options, the counties must reach their joint
determination on the decision to file the petition, on the
proposed bylaws, and on other matters relating to the
establishment and operation of the board in accordance with
the provisions of this chapter and chapter 39.34 RCW, the
interlocal cooperation act. Each county must meet the
requirements of RCW 90.80.020(2). The counties must
jointly determine the sufficiency of a petition under RCW
90.80.020(3) and each county legislative authority must hold
a hearing in its county.
(3) If establishment of a multicounty water conservancy
board under any of the options provided in subsection (2) of
this section is approved by the department, the counties must
jointly appoint the board commissioners and jointly appoint
members to fill vacancies as they occur in accordance with
the provisions of this chapter and chapter 39.34 RCW.
(4) A board established for more than one county or for
one or more water resource inventory areas has the same
powers as other boards established under this chapter. The
board has no jurisdiction outside the boundaries of the water
resource inventory area or areas or the county or counties, as
(2002 Ed.)
Water Conservancy Boards
applicable, for which it has been established, except as
provided in this chapter.
(5) The counties establishing a board for a multiple
county area must designate a lead county for purposes of
providing a single point of contact for communications with
the department. The lead county shall forward the information required in RCW 90.80.030(1) for each county. [2001
c 237 § 8.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.040 Rules—Minimum training requirements
and continuing education. The director of the department
may, as deemed necessary by the director, adopt rules in
accordance with chapter 34.05 RCW necessary to carry out
this chapter, including minimum requirements for the
training and continuing education of commissioners. Training courses for commissioners shall include an overview of
state water law and hydrology. Prior to commissioners
taking action on proposed water right transfers, the commissioners shall comply with training requirements that include
state water law and hydrology. [1997 c 441 § 5.]
90.80.050 Corporate powers—Board composition—
Members’ terms, expenses. (1) A water conservancy board
constitutes a public body corporate and politic and a separate
unit of local government in the state. Each board shall consist of three commissioners appointed by the county legislative authority or authorities as applicable for six-year terms.
The county legislative authority or authorities shall stagger
the initial appointment of commissioners so that the first
commissioners who are appointed shall serve terms of two,
four, and six years, respectively, from the date of their
appointment. The county legislative authority or authorities
may appoint two additional commissioners, for a total of
five. If the county or counties elect to appoint five commissioners, the initial terms of the additional commissioners
shall be for three and five-year terms respectively. All vacancies shall be filled for the unexpired term.
(2) The county legislative authority or authorities shall
consider, but are not limited in appointing, nominations to
the board by people or entities petitioning or requesting the
creation of the board. The county legislative authority or
authorities shall ensure that at least one commissioner is an
individual water right holder who diverts or withdraws water
for use within the area served by the board. The county
legislative authority or authorities must appoint one person
who is not a water right holder. If the county legislative
authority or authorities choose not to appoint five commissioners, and as of May 10, 2001, there is no commissioner
on an existing board who is not a water right holder, the
county or counties are not required to appoint a new commissioner until the first vacancy occurs. In making appointments to the board, the county legislative authority or
authorities shall choose from among persons who are
residents of the county or counties or a county that is
contiguous to the county that the water conservancy board is
to serve.
(3) No commissioner may participate in a record of
decision of a board until he or she has successfully complet(2002 Ed.)
90.80.035
ed the necessary training required under RCW 90.80.040.
Commissioners shall serve without compensation, but are
entitled to reimbursement for necessary travel expenses in
accordance with RCW 43.03.050 and 43.03.060 and costs
incident to receiving training. [2001 c 237 § 10; 1997 c 441
§ 6.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.055 Additional board powers. (1) Except as
provided in subsection (2) of this section, a board shall
operate on a countywide basis or on an areawide basis in the
case of a board with jurisdiction in more than one county or
water resource inventory area, and have the following
powers, in addition to any other powers granted in this
chapter:
(a) Except as provided in subsection (2) of this section,
a board may act upon applications for the same kinds of
transfers that the department itself is authorized to act upon,
including an application to establish a trust water right under
chapter 90.38 or 90.42 RCW. A board may not act upon an
application for the type of transfer within an irrigation
district as described in RCW 90.03.380(3). If a board
receives an application for a transfer between two irrigation
districts as described in RCW 90.03.380(2), the board must,
before publication of notice of the application, receive the
concurrence specified in that section.
(b) A board may act upon an application to transfer a
water right claim filed under chapter 90.14 RCW. In acting
upon such an application, the board must make a tentative
determination as to the validity and extent of the right, if
any, embodied in the claim and may only issue a record of
decision regarding a transfer of such a claim to the extent it
is tentatively determined to be valid. Neither the board’s
tentative determination, nor the director’s acceptance of such
a tentative determination, constitutes an adjudication of the
right under RCW 90.03.110 through 90.03.240 or 90.44.220,
and such a determination does not preclude or prejudice a
subsequent challenge to the validity, priority, or quantity of
the right in a general adjudication under those sections.
(c) A board may establish a water right transfer information exchange through which all or part of a water right
may be listed for sale or lease. The board may also accept
and post notices in the exchange from persons interested in
acquiring or leasing water rights from willing sellers.
(d) The director shall assign a representative of the
department to provide technical assistance to each board. If
requested by the board, the representative shall work with
the board as it reviews applications for formal acceptance,
prepares draft records of decision, and considers other
technical or legal factors affecting the board’s development
of a final record of decision. A board may request and
accept additional technical assistance from the department.
A board may also request and accept assistance and support
from the county government or governments of the county
or counties in which it operates.
(2) The jurisdiction of a board shall not apply within the
boundaries of a federal Indian reservation or to lands held in
trust for an Indian band, tribe, or nation by the federal
government. [2001 c 237 § 9.]
[Title 90 RCW—page 133]
90.80.055
Title 90 RCW: Water Rights—Environment
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.057 Quorum. For purposes of carrying out the
official business of a board, a quorum consists of the
physical presence of two of the three members of a threemember board or three of the five members of a fivemember board. A board may operate with one or two
vacant positions as long as it meets the quorum requirement.
[2001 c 237 § 19.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.060 Board powers—Funding. (1) A water
conservancy board may acquire, purchase, hold, lease,
manage, occupy, and sell real and personal property or any
interest therein, enter into and perform all necessary contracts, appoint and employ necessary agents and employees
and fix their compensation, employ contractors including
contracts for professional services, sue and be sued, and do
any and all lawful acts required and expedient to carry out
the purposes of this chapter.
(2) A board constitutes an independently funded entity,
and may provide for its own funding as determined by the
commissioners. The board may accept grants and may adopt
fees for processing applications for transfers of water rights
to fund the activities of the board. A board may not impose
taxes or acquire property by the exercise of eminent domain.
[1997 c 441 § 7.]
90.80.065 Dissolution of board. A water conservancy
board may be formally dissolved by the county or jointly by
the counties as applicable in which it operates by adoption
of a resolution of the county legislative authority or authorities. Notice of the dissolution must be provided to the
director. The department may petition the county legislative
authority of the county or the lead county for a board to
request that the board be dissolved for repeated statutory
violations or demonstrated inability to perform the functions
for which the board was created. [2001 c 237 § 16.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.070 Applications for water transfers—
Notice—Record of decision—Review. (1) A person
proposing a transfer of a water right may elect to file an
application with a water conservancy board, if a board has
been established for the geographic area where the water is
or would be diverted, withdrawn, or used. If the person has
already filed an application with the department, the person
may request that the department convey the application to
the conservancy board with jurisdiction and the department
must promptly forward the application. A board is not
required to process an application filed with the board. If a
board decides that it will not process an application, it must
return the application to the applicant and must inform the
applicant that the application may be filed with the department. An application to the board for a transfer shall be
[Title 90 RCW—page 134]
made on a form provided by the department. A board may
require an applicant to submit within a reasonable time
additional information as may be required by the board in
order to review and act upon the application. At a minimum, the application shall include information sufficient to
establish to the board’s satisfaction that a right to the
quantity of water being transferred exists, and a description
of any applicable limitations on the right to use water,
including the point of diversion or withdrawal, place of use,
source of supply, purpose of use, quantity of use permitted,
time of use, period of use, and the place of storage.
(2) The applicant for any proposed water right transfer
may apply to a board for a record of decision on a transfer
if the water proposed to be transferred is currently diverted,
withdrawn, or used within the geographic area in which the
board has jurisdiction, or would be diverted, withdrawn, or
used within the geographic area in which the board has
jurisdiction if the transfer is approved. In the case of a
proposed water right transfer in which the water is currently
diverted or withdrawn or would be diverted or withdrawn
outside the geographic boundaries of the county or the water
resource inventory area where the use is proposed to be
made, the board shall hold a public hearing in the county of
the diversion or withdrawal or proposed diversion or
withdrawal. The board shall provide for prominent publication of notice of the hearing in a newspaper of general
circulation published in the county in which the hearing is to
be held for the purpose of affording an opportunity for
interested persons to comment upon the application. If an
application is for a transfer of water out of the water
resource inventory area that is the source of the water, the
board shall consult with the department regarding the application.
(3) After an application for a transfer is filed with the
board, the board shall publish notice of the application and
send notice to state agencies in accordance with the requirements of RCW 90.03.280. In addition, the board shall send
notice of the application to any Indian tribe with reservation
lands that would be, but for RCW 90.80.055(2), within the
area in which the board has jurisdiction. The board shall
also provide notice of the application to any Indian tribe that
has requested that it be notified of applications. Any person
may submit comments and other information to the board
regarding the application. The comments and information
may be submitted in writing or verbally at any public
meeting of the board to discuss or decide on the application.
The comments must be considered by the board in making
its record of decision.
(4) If a majority of the board determines that the
application is complete, and that the transfer is in accordance
with RCW 90.03.380, 90.03.390, or 90.44.100, the board
must issue a record of decision approving the transfer,
subject to review by the director. In making its record of
decision, the board must consider among other things
whether the proposed transfer can be made without detriment
or injury to existing water rights, including rights established
for instream flows. The board must include in its record of
decision any conditions that are deemed necessary for the
transfer to qualify for approval under the applicable laws of
the state. The basis for the record of decision of the board
must be documented in a report of examination. The
board’s proposed approval must clearly state that the
(2002 Ed.)
Water Conservancy Boards
applicant is not permitted to proceed to effect the proposed
transfer until a final decision is made by the director. In
making its record of decision, the board must consider
among other things whether the proposed transfer can be
made without detriment or injury to existing water rights,
including rights established for instream flows.
(5) If a majority of the board determines that the
application cannot be approved under the applicable laws of
the state of Washington, the board must make a record of
decision denying the application together with its report of
examination documenting its record of decision. The
board’s record of decision is subject to review by the
director under RCW 90.80.080. [2001 c 237 § 11; 1997 c
441 § 9.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.080 Records of decision—Transmittal to
department and others—Internet posting—Review. (1)
The board must provide a copy of its record of decision to
the applicant. The board shall submit its record of decision
on the transfer application to the department for review. The
board shall also submit its report of examination to the
department summarizing factual findings on which the board
relied in reaching its record of decision and a copy of the
files and records upon which the board’s record of decision
is based. The board shall also promptly transmit notice by
mail to any person who objected to the transfer or who
requested notice of the board’s record of decision.
(2) Upon receipt of a board’s record of decision, the
department shall promptly post the text of the record of
decision transmittal form on the department’s internet site.
The director shall review each record of decision made by a
board for compliance with applicable state water law.
(3) Any party to a transfer, third party who alleges his
or her water right will be impaired by the proposed transfer,
or other person may file a letter of concern or support with
the department and the department may consider the concern
or support expressed in the letter. Such letters must be
received by the department within thirty days of the
department’s receipt of the board’s record of decision.
(4) The director shall review the record of decision of
the board and shall affirm, reverse, or modify the action of
the board within forty-five days of receipt. The forty-five
day time period may be extended for an additional thirty
days by the director or at the request of the board or
applicant. If the director fails to act within the prescribed
time period, the board’s record of decision becomes the
decision of the department and is appealable as provided by
RCW 90.80.090. If the director acts within the prescribed
time period, the director’s decision to affirm, modify, or
reverse is appealable as provided by RCW 90.80.090, and
the director’s decision to remand is appealable as provided
by RCW 90.80.120(2)(b). [2001 c 237 § 12; 1997 c 441 §
11.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
(2002 Ed.)
90.80.070
90.80.090 Appeals from director’s decisions. The
decision of the director to approve or deny an action to
create a board, or to approve, deny, or modify a water right
transfer either by action or inaction is appealable in the same
manner as other water right decisions made pursuant to
chapters 90.03 and 90.44 RCW. [2001 c 237 § 13; 1997 c
441 § 12.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.100 Damages arising from records of decisions on transfers—Immunity. Neither the county or
counties, the department, a conservancy board, or its
employees, nor individual conservancy board commissioners
shall be subject to any cause of action or claim for damages
arising out of records of decisions on transfers made by a
board under this chapter. [2001 c 237 § 14; 1997 c 441 §
13.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.110 Approval of interties. Nothing in this
chapter eliminates or lessens the requirements necessary for
the approval of interties. [1997 c 441 § 15.]
90.80.120 Conflicts of interest. (1) A commissioner
of a water conservancy board shall not engage in any act
which is in conflict with the proper discharge of the official
duties of a commissioner. A commissioner is deemed to
have a conflict of interest if he or she:
(a) Has an ownership interest in a water right subject to
an application for approval before the board;
(b) Receives or has a financial interest in an application
submitted to the board or a project, development, or venture
related to the approval of the application; or
(c) Solicits, accepts, or seeks anything of economic
value as a gift, gratuity, or favor from any person, firm, or
corporation involved in the application.
(2) The department shall return a record of decision to
a conservancy board without action where the department
determines that any member of a board has violated subsection (1) of this section.
(a) If a person seeking to rely on this section to disqualify a commissioner knows of the basis for disqualification
before the time the board issues a record of decision, the
person must request the board to have the commissioner
recuse himself or herself from further involvement in
processing the application, or be barred from later raising
that challenge.
(b) If the commissioner does not recuse himself or
herself or if the person becomes aware of the basis for
disqualification after the board issues a record of decision
but within the time period under RCW 90.80.080(3) for
filing objections with the department, the person must raise
the challenge with the department. If the department
determines that the commissioner should be disqualified
under this section, the director must remand the record of
decision to the board for reconsideration and resubmission of
a record of decision. The disqualified commissioner shall
[Title 90 RCW—page 135]
90.80.120
Title 90 RCW: Water Rights—Environment
not participate in any further board review of the application.
The department’s decision on whether to remand a record of
decision under this section may only be appealed at the same
time and in the same manner as an appeal of the
department’s decision to affirm, modify, or reverse the
record of decision after remand.
(c) If the person becomes aware of the basis for
disqualification after the time for filing objections with the
department, the person may raise the challenge in an appeal
of the department’s final decision under RCW 90.80.090.
[2001 c 237 § 15; 1997 c 441 § 16.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.130 Application of open public meetings act.
Water conservancy board activities are subject to the open
public meetings act, chapter 42.30 RCW and to chapter
42.32 RCW. This includes announcing meetings in advance.
[2001 c 237 § 17; 1997 c 441 § 17.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.135 Application of chapter 42.17 RCW. (1)
A board is subject to the requirements of chapter 42.17
RCW. Each board must establish and maintain records of its
proceedings and determinations. While in the possession of
the board, all such records must be made available for
inspection and copies must be provided to the public on
request under the provisions of chapter 42.17 RCW.
(2) Upon the conclusion of its business involving a
water right transfer application, a board must promptly send
the original copies of all records relating to that application
to the department for recordkeeping. A board may keep a
copy of the original documents. After the records are
transferred to the department, the responsibility for making
the records available under chapter 42.17 RCW is transferred
to the department. [2001 c 237 § 18.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.140 Transfers approved under chapter 90.03
or 90.44 RCW not affected. Nothing in this chapter affects
transfers that may be otherwise approved under chapter
90.03 or 90.44 RCW. [2001 c 237 § 20; 1997 c 441 § 18.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.150 Reports to legislative committees. The
department shall report biennially by December 31st of each
even-numbered year to the appropriate committees of the
legislature on the boards formed or sought to be formed
under the authority of this chapter, the transfer applications
reviewed and other activities conducted by the boards, and
the funding of such boards. Conservancy boards must
provide information regarding their activities to the department to assist the department in preparing the report. [2001
c 237 § 21; 1997 c 441 § 19.]
[Title 90 RCW—page 136]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.80.900 Severability—1997 c 441. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1997 c 441 § 20.]
90.80.901 Reports to the legislature. (1) By December 31, 2004, the department of ecology must report to the
appropriate legislative committees the pertinent experience
acquired in implementing the various components of chapter
237, Laws of 2001 that are under its jurisdiction.
(2) Beginning December 31, 2001, and ending on
December 31, 2004, the department of ecology shall report
to the legislature by January 1st of each year on the results
of processing applications under RCW 90.03.380(5) and
processing applications through water conservancy boards
under chapter 90.80 RCW. In the report due on December
31, 2004, the department of ecology shall provide an evaluation and make recommendations regarding modification of
any of the provisions of RCW 90.03.380(5).
(3) By October 1, 2001, the office of financial management must complete an assessment of watershed planning,
including evaluation of the performance of both watershed
planning units and state agencies involved in watershed
planning. The office’s assessment must address the progress
of planning units toward completion of watershed plans and
the use of funds provided by the state of Washington to
planning units and state agencies for developing those plans.
The assessment must include an assessment of the progress
of planning units and the department of ecology in setting
instream flows. The office must report the results of the
assessment to the appropriate committees of the legislature,
and the governor.
(4) Beginning December 31, 2001, and ending on
December 31, 2004, the office of financial management shall
review and report to the legislature by January 1st of each
year on whether the department of ecology has adequate
funding for fulfilling the department’s responsibilities for
processing applications through water conservancy boards
under chapter 90.80 RCW.
(5) The office of financial management, in consultation
with the departments of revenue, health, and ecology, must
evaluate the long-term revenue impacts and the costs and
benefits of the deductions and exclusions authorized by
RCW 82.16.0431. The office of financial management must
also evaluate the costs and benefits and revenue impacts of
other potential water conservation tax incentives, including
but not limited to those that may involve the sales, use,
property, utility, and business and occupations taxes. The
office of financial management must report its findings
regarding tax incentives by December 31, 2001, to the
legislature’s standing committees with jurisdiction over water
resources and the legislative fiscal committees.
(6) The office of financial management, in consultation
with the departments of health and ecology, must evaluate
the level of water savings occurring from water suppliers’
use of the tax incentive provisions in RCW 82.16.0431 and
(2002 Ed.)
Water Conservancy Boards
must report its findings to the legislature by December 31,
2002. [2001 c 237 § 32.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
Chapter 90.82
WATERSHED PLANNING
(Formerly: Water resource management)
Sections
90.82.005
90.82.010
90.82.020
90.82.030
90.82.040
90.82.050
90.82.060
90.82.070
90.82.080
90.82.085
90.82.090
90.82.100
90.82.110
90.82.120
90.82.130
90.82.140
90.82.900
90.82.901
90.82.902
Purpose.
Finding.
Definitions.
Principles.
WRIA planning units—Watershed planning grants—
Eligibility criteria—Administrative costs.
Limitations on liability.
Initiation of watershed planning—Scope of planning—
Technical assistance from state agencies.
Water quantity component.
Instream flow component—Rules.
Instream flows—Assessing and setting or amending.
Water quality component.
Habitat component.
Identification of projects and activities.
Plan parameters.
Plan approval—Public notice and hearing—Revisions.
Use of monitoring recommendations in RCW 77.85.210.
Part headings not law—1997 c 442.
Severability—1997 c 442.
Captions not law—1998 c 247.
90.82.005 Purpose. The purpose of this chapter is to
develop a more thorough and cooperative method of determining what the current water resource situation is in each
water resource inventory area of the state and to provide
local citizens with the maximum possible input concerning
their goals and objectives for water resource management
and development.
It is necessary for the legislature to establish processes
and policies that will result in providing state agencies with
more specific guidance to manage the water resources of the
state consistent with current law and direction provided by
local entities and citizens through the process established in
accordance with this chapter. [1997 c 442 § 101.]
90.82.010 Finding. The legislature finds that the local
development of watershed plans for managing water resources and for protecting existing water rights is vital to both
state and local interests. The local development of these
plans serves vital local interests by placing it in the hands of
people: Who have the greatest knowledge of both the
resources and the aspirations of those who live and work in
the watershed; and who have the greatest stake in the proper,
long-term management of the resources. The development
of such plans serves the state’s vital interests by ensuring
that the state’s water resources are used wisely, by protecting
existing water rights, by protecting instream flows for fish,
and by providing for the economic well-being of the state’s
citizenry and communities. Therefore, the legislature
believes it necessary for units of local government
throughout the state to engage in the orderly development of
these watershed plans. [1997 c 442 § 102.]
(2002 Ed.)
90.80.901
90.82.020 Definitions. Unless the context clearly
requires otherwise, the definitions in this section apply
throughout this chapter.
(1) "Department" means the department of ecology.
(2) "Implementing rules" for a WRIA plan are the rules
needed to give force and effect to the parts of the plan that
create rights or obligations for any party including a state
agency or that establish water management policy.
(3) "Minimum instream flow" means a minimum flow
under chapter 90.03 or 90.22 RCW or a base flow under
chapter 90.54 RCW.
(4) "WRIA" means a water resource inventory area
established in chapter 173-500 WAC as it existed on January
1, 1997.
(5) "Water supply utility" means a water, combined
water-sewer, irrigation, reclamation, or public utility district
that provides water to persons or other water users within the
district or a division or unit responsible for administering a
publicly governed water supply system on behalf of a
county.
(6) "WRIA plan" or "plan" means the product of the
planning unit including any rules adopted in conjunction with
the product of the planning unit. [1997 c 442 § 103.]
90.82.030 Principles. In order to have the best
possible program for appropriating and administering water
use in the state, the legislature establishes the following
principles and criteria to carry out the purpose and intent of
chapter 442, Laws of 1997.
(1) All WRIA planning units established under this
chapter shall develop a process to assure that water resource
user interests and directly involved interest groups at the
local level have the opportunity, in a fair and equitable
manner, to give input and direction to the process.
(2) If a planning unit requests technical assistance from
a state agency as part of its planning activities under this
chapter and the assistance is with regard to a subject matter
over which the agency has jurisdiction, the state agency shall
provide the technical assistance to the planning unit.
(3) Plans developed under chapter 442, Laws of 1997
shall be consistent with and not duplicative of efforts already
under way in a WRIA, including but not limited to watershed analysis conducted under state forest practices statutes
and rules. [1997 c 442 § 104.]
90.82.040 WRIA planning units—Watershed
planning grants—Eligibility criteria—Administrative
costs. (1) Once a WRIA planning unit has been initiated
under RCW 90.82.060 and a lead agency has been designated, it shall notify the department and may apply to the
department for funding assistance for conducting the planning. Funds shall be provided from and to the extent of
appropriations made by the legislature to the department
expressly for this purpose.
(2)(a) Each planning unit that has complied with
subsection (1) of this section is eligible to receive watershed
planning grants in the following amounts for three phases of
watershed planning:
(i) Initiating governments may apply for an initial
organizing grant of up to fifty thousand dollars for a single
WRIA or up to seventy-five thousand dollars for a multi[Title 90 RCW—page 137]
90.82.040
Title 90 RCW: Water Rights—Environment
WRIA management area in accordance with RCW
90.82.060(4);
(ii)(A) A planning unit may apply for up to two hundred
thousand dollars for each WRIA in the management area for
conducting watershed assessments in accordance with RCW
90.82.070, except that a planning unit that chooses to conduct a detailed assessment or studies under (a)(ii)(B) of this
subsection or whose initiating governments choose or have
chosen to include an instream flow or water quality component in accordance with RCW 90.82.080 or 90.82.090 may
apply for up to one hundred thousand additional dollars for
each instream flow and up to one hundred thousand additional dollars for each water quality component included for
each WRIA to conduct an assessment on that optional
component and for each WRIA in which the assessments or
studies under (a)(ii)(B) of this subsection are conducted.
(B) A planning unit may elect to apply for up to one
hundred thousand additional dollars to conduct a detailed
assessment of multipurpose water storage opportunities or for
studies of specific multipurpose storage projects which
opportunities or projects are consistent with and support the
other elements of the planning unit’s watershed plan developed under this chapter; and
(iii) A planning unit may apply for up to two hundred
fifty thousand dollars for each WRIA in the management
area for developing a watershed plan and making recommendations for actions by local, state, and federal agencies,
tribes, private property owners, private organizations, and
individual citizens, including a recommended list of strategies and projects that would further the purpose of the plan
in accordance with RCW 90.82.060 through 90.82.100.
(b) A planning unit may request a different amount for
phase two or phase three of watershed planning than is
specified in (a) of this subsection, provided that the total
amount of funds awarded do not exceed the maximum
amount the planning unit is eligible for under (a) of this
subsection. The department shall approve such an alternative
allocation of funds if the planning unit identifies how the
proposed alternative will meet the goals of this chapter and
provides a proposed timeline for the completion of planning.
However, the up to one hundred thousand additional dollars
in funding for instream flow and water quality components
and for water storage assessments or studies that a planning
unit may apply for under (a)(ii)(A) of this subsection may be
used only for those instream flow, water quality, and water
storage purposes.
(c) By December 1, 2001, or within one year of
initiating phase one of watershed planning, whichever occurs
later, the initiating governments for each planning unit must
inform the department whether they intend to have the
planning unit establish or amend instream flows as part of its
planning process. If they elect to have the planning unit
establish or amend instream flows, the planning unit is
eligible to receive one hundred thousand dollars for that
purpose in accordance with (a)(ii) of this subsection. If the
initiating governments for a planning unit elect not to
establish or amend instream flows as part of the unit’s
planning process, the department shall retain one hundred
thousand dollars to carry out an assessment to support
establishment of instream flows and to establish such flows
in accordance with RCW 90.54.020(3)(a) and chapter 90.22
RCW. The department shall not use these funds to amend
[Title 90 RCW—page 138]
an existing instream flow unless requested to do so by the
initiating governments for a planning unit.
(d) In administering funds appropriated for supplemental
funding for optional plan components under (a)(ii) of this
subsection, the department shall give priority in granting the
available funds to proposals for setting or amending instream
flows.
(3)(a) The department shall use the eligibility criteria in
this subsection (3) instead of rules, policies, or guidelines
when evaluating grant applications at each stage of the
grants program.
(b) In reviewing grant applications under this subsection
(3), the department shall evaluate whether:
(i) The planning unit meets all of the requirements of
this chapter;
(ii) The application demonstrates a need for state
planning funds to accomplish the objectives of the planning
process; and
(iii) The application and supporting information evidences a readiness to proceed.
(c) In ranking grant applications submitted at each stage
of the grants program, the department shall give preference
to applications in the following order of priority:
(i) Applications from existing planning groups that have
been in existence for at least one year;
(ii) Applications that address protection and enhancement of fish habitat in watersheds that have aquatic fish
species listed or proposed to be listed as endangered or
threatened under the federal endangered species act, 16
U.S.C. Sec. 1531 et seq. and for which there is evidence of
an inability to supply adequate water for population and
economic growth from:
(A) First, multi-WRIA planning; and
(B) Second, single WRIA planning;
(iii) Applications that address protection and enhancement of fish habitat in watersheds or for which there is
evidence of an inability to supply adequate water for
population and economic growth from:
(A) First, multi-WRIA planning; and
(B) Second, single WRIA planning.
(d) The department may not impose any local matching
fund requirement as a condition for grant eligibility or as a
preference for receiving a grant.
(4) The department may retain up to one percent of
funds allocated under this section to defray administrative
costs.
(5) Planning under this chapter should be completed as
expeditiously as possible, with the focus being on local
stakeholders cooperating to meet local needs.
(6) Funding provided under this section shall be
considered a contractual obligation against the moneys
appropriated for this purpose. [2001 c 237 § 2; 1998 c 247
§ 1; 1997 c 442 § 105.]
Finding—Intent—2001 c 237: "The legislature is committed to
meeting the needs of a growing population and a healthy economy
statewide; to meeting the needs of fish and healthy watersheds statewide;
and to advancing these two principles together, in increments over time.
The legislature finds that improved management of the state’s water
resources, clarifying the authorities, requirements, and timelines for
establishing instream flows, providing timely decisions on water transfers,
clarifying the authority of water conservancy boards, and enhancing the
flexibility of our water management system to meet both environmental and
economic goals are important steps to providing a better future for our state.
(2002 Ed.)
Watershed Planning
The need for these improvements is particularly urgent as we are faced
with drought conditions. The failure to act now will only increase the
potential negative effects on both the economy and the environment,
including fisheries resources.
Deliberative action over several legislative sessions and interim
periods between sessions will be required to address the long-term goal of
improving the responsiveness of the state water code to meet the diverse
water needs of the state’s citizenry. It is the intent of the legislature to
begin this work now by providing tools to enable the state to respond to
imminent drought conditions and other immediate problems relating to water
resources management. It is also the legislature’s intent to lay the
groundwork for future legislation for addressing the state’s long-term water
problems." [2001 c 237 § 1.]
Severability—2001 c 237: "If any provision of this act or its
application to any person or circumstance is held invalid, the remainder of
the act or the application of the provision to other persons or circumstances
is not affected." [2001 c 237 § 33.]
Effective date—2001 c 237: "This act is necessary for the immediate
preservation of the public peace, health, or safety, or support of the state
government and its existing public institutions, and takes effect immediately
[May 10, 2001]." [2001 c 237 § 34.]
Intent—2001 c 237: See note following RCW 90.66.065.
90.82.050 Limitations on liability. (1) This chapter
shall not be construed as creating a new cause of action
against the state or any county, city, town, water supply
utility, conservation district, or planning unit.
(2) Notwithstanding RCW 4.92.090, 4.96.010, and
64.40.020, no claim for damages may be filed against the
state or any county, city, town, water supply utility, tribal
governments, conservation district, or planning unit that or
member of a planning unit who participates in a WRIA
planning unit for performing responsibilities under this
chapter. [1997 c 442 § 106.]
90.82.060 Initiation of watershed planning—Scope
of planning—Technical assistance from state agencies.
(1) Planning conducted under this chapter must provide for
a process to allow the local citizens within a WRIA or multiWRIA area to join together in an effort to: (a) Assess the
status of the water resources of their WRIA or multi-WRIA
area; and (b) determine how best to manage the water
resources of the WRIA or multi-WRIA area to balance the
competing resource demands for that area within the parameters under RCW 90.82.120.
(2) Watershed planning under this chapter may be
initiated for a WRIA only with the concurrence of: (a) All
counties within the WRIA; (b) the largest city or town
within the WRIA unless the WRIA does not contain a city
or town; and (c) the water supply utility obtaining the largest
quantity of water from the WRIA or, for a WRIA with lands
within the Columbia Basin project, the water supply utility
obtaining from the Columbia Basin project the largest
quantity of water for the WRIA. To apply for a grant for
organizing the planning unit as provided for under RCW
90.82.040(2)(a), these entities shall designate the entity that
will serve as the lead agency for the planning effort and
indicate how the planning unit will be staffed.
(3) Watershed planning under this chapter may be
initiated for a multi-WRIA area only with the concurrence
of: (a) All counties within the multi-WRIA area; (b) the
largest city or town in each WRIA unless the WRIA does
not contain a city or town; and (c) the water supply utility
obtaining the largest quantity of water in each WRIA.
(2002 Ed.)
90.82.040
(4) If entities in subsection (2) or (3) of this section
decide jointly and unanimously to proceed, they shall invite
all tribes with reservation lands within the management area.
(5) The entities in subsection (2) or (3) of this section,
including the tribes if they affirmatively accept the invitation,
constitute the initiating governments for the purposes of this
section.
(6) The organizing grant shall be used to organize the
planning unit and to determine the scope of the planning to
be conducted. In determining the scope of the planning
activities, consideration shall be given to all existing plans
and related planning activities. The scope of planning must
include water quantity elements as provided in RCW
90.82.070, and may include water quality elements as
contained in RCW 90.82.090, habitat elements as contained
in RCW 90.82.100, and instream flow elements as contained
in RCW 90.82.080. The initiating governments shall work
with state government, other local governments within the
management area, and affected tribal governments, in
developing a planning process. The initiating governments
may hold public meetings as deemed necessary to develop
a proposed scope of work and a proposed composition of the
planning unit. In developing a proposed composition of the
planning unit, the initiating governments shall provide for
representation of a wide range of water resource interests.
(7) Each state agency with regulatory or other interests
in the WRIA or multi-WRIA area to be planned shall assist
the local citizens in the planning effort to the greatest extent
practicable, recognizing any fiscal limitations. In providing
such technical assistance and to facilitate representation on
the planning unit, state agencies may organize and agree
upon their representation on the planning unit. Such
technical assistance must only be at the request of and to the
extent desired by the planning unit conducting such planning.
The number of state agency representatives on the planning
unit shall be determined by the initiating governments in
consultation with the governor’s office.
(8) As used in this section, "lead agency" means the
entity that coordinates staff support of its own or of other
local governments and receives grants for developing a
watershed plan. [2001 c 229 § 1; 1998 c 247 § 2.]
90.82.070 Water quantity component. Watershed
planning under this chapter shall address water quantity in
the management area by undertaking an assessment of water
supply and use in the management area and developing
strategies for future use.
(1) The assessment shall include:
(a) An estimate of the surface and ground water present
in the management area;
(b) An estimate of the surface and ground water
available in the management area, taking into account
seasonal and other variations;
(c) An estimate of the water in the management area
represented by claims in the water rights claims registry,
water use permits, certificated rights, existing minimum
instream flow rules, federally reserved rights, and any other
rights to water;
(d) An estimate of the surface and ground water actually
being used in the management area;
[Title 90 RCW—page 139]
90.82.070
Title 90 RCW: Water Rights—Environment
(e) An estimate of the water needed in the future for use
in the management area;
(f) An identification of the location of areas where
aquifers are known to recharge surface bodies of water and
areas known to provide for the recharge of aquifers from the
surface; and
(g) An estimate of the surface and ground water
available for further appropriation, taking into account the
minimum instream flows adopted by rule or to be adopted
by rule under this chapter for streams in the management
area including the data necessary to evaluate necessary flows
for fish.
(2) Strategies for increasing water supplies in the
management area, which may include, but are not limited to,
increasing water supplies through water conservation, water
reuse, the use of reclaimed water, voluntary water transfers,
aquifer recharge and recovery, additional water allocations,
or additional water storage and water storage enhancements.
The objective of these strategies is to supply water in
sufficient quantities to satisfy the minimum instream flows
for fish and to provide water for future out-of-stream uses
for water identified in subsection (1)(e) and (g) of this
section and to ensure that adequate water supplies are
available for agriculture, energy production, and population
and economic growth under the requirements of the state’s
growth management act, chapter 36.70A RCW. These
strategies, in and of themselves, shall not be construed to
confer new water rights. The watershed plan must address
the strategies required under this subsection.
(3) The assessment may include the identification of
potential site locations for water storage projects. The
potential site locations may be for either large or small
projects and cover the full range of possible alternatives.
The possible alternatives include off-channel storage,
underground storage, the enlargement or enhancement of
existing storage, and on-channel storage. [2001 2nd sp.s. c
19 § 2; 1998 c 247 § 3.]
Intent—2001 2nd sp.s. c 19: "The legislature recognizes the potential
for additional water storage as a solution to the water supply needs of the
state. Last year the legislature created a task force to examine the role of
increased water storage in providing water supplies to meet the needs of
fish, population growth, and economic development, and to enhance the
protection of people’s lives and their property and the protection of aquatic
habitat through flood control facilities. One solution discussed by the task
force to address the state’s water supply problem is to store water when
there is excess runoff and stream flow, and deliver or release it during the
low flow period when it is needed. The task force discussed the need for
assessments of potential site locations for water storage projects. The
legislature intends this act to assist in obtaining the assessments relating to
water storage." [2001 2nd sp.s. c 19 § 1.]
90.82.080 Instream flow component—Rules. (1)(a)
If the initiating governments choose, by majority vote, to
include an instream flow component, it shall be accomplished in the following manner:
(i) If minimum instream flows have already been
adopted by rule for a stream within the management area,
unless the members of the local governments and tribes on
the planning unit by a recorded unanimous vote request the
department to modify those flows, the minimum instream
flows shall not be modified under this chapter. If the
members of local governments and tribes request the
planning unit to modify instream flows and unanimous
approval of the decision to modify such flow is not achieved,
[Title 90 RCW—page 140]
then the instream flows shall not be modified under this
section;
(ii) If minimum stream flows have not been adopted by
rule for a stream within the management area, setting the
minimum instream flows shall be a collaborative effort
between the department and members of the planning unit.
The department must attempt to achieve consensus and
approval among the members of the planning unit regarding
the minimum flows to be adopted by the department.
Approval is achieved if all government members and tribes
that have been invited and accepted on the planning unit
present for a recorded vote unanimously vote to support the
proposed minimum instream flows, and all nongovernmental
members of the planning unit present for the recorded vote,
by a majority, vote to support the proposed minimum
instream flows.
(b) The department shall undertake rule making to adopt
flows under (a) of this subsection. The department may
adopt the rules either by the regular rules adoption process
provided in chapter 34.05 RCW, the expedited rules adoption
process as set forth in *RCW 34.05.230, or through a rules
adoption process that uses public hearings and notice
provided by the county legislative authority to the greatest
extent possible. Such rules do not constitute significant
legislative rules as defined in RCW 34.05.328, and do not
require the preparation of small business economic impact
statements.
(c) If approval is not achieved within four years of the
date the planning unit first receives funds from the department for conducting watershed assessments under RCW
90.82.040, the department may promptly initiate rule making
under chapter 34.05 RCW to establish flows for those
streams and shall have two additional years to establish the
instream flows for those streams for which approval is not
achieved.
(2)(a) Notwithstanding RCW 90.03.345, minimum
instream flows set under this section for rivers or streams
that do not have existing minimum instream flow levels set
by rule of the department shall have a priority date of two
years after funding is first received from the department
under RCW 90.82.040, unless determined otherwise by a
unanimous vote of the members of the planning unit but in
no instance may it be later than the effective date of the rule
adopting such flow.
(b) Any increase to an existing minimum instream flow
set by rule of the department shall have a priority date of
two years after funding is first received for planning in the
WRIA or multi-WRIA area from the department under RCW
90.82.040 and the priority date of the portion of the minimum instream flow previously established by rule shall
retain its priority date as established under RCW 90.03.345.
(c) Any existing minimum instream flow set by rule of
the department that is reduced shall retain its original date of
priority as established by RCW 90.03.345 for the revised
amount of the minimum instream flow level.
(3) Before setting minimum instream flows under this
section, the department shall engage in government-togovernment consultation with affected tribes in the management area regarding the setting of such flows.
(4) Nothing in this chapter either: (a) Affects the
department’s authority to establish flow requirements or
other conditions under RCW 90.48.260 or the federal clean
(2002 Ed.)
Watershed Planning
water act (33 U.S.C. Sec. 1251 et seq.) for the licensing or
relicensing of a hydroelectric power project under the federal
power act (16 U.S.C. Sec. 791 et seq.); or (b) affects or
impairs existing instream flow requirements and other
conditions in a current license for a hydroelectric power
project licensed under the federal power act.
(5) If the planning unit is unable to obtain unanimity
under subsection (1) of this section, the department may
adopt rules setting such flows. [1998 c 247 § 4.]
*Reviser’s note: RCW 34.05.230 was amended by 2001 c 25 § 1,
deleting the text that refers to expedited rules adoption. For expedited rules
adoption, see RCW 34.05.353.
90.82.085 Instream flows—Assessing and setting or
amending. By October 1, 2001, the department of ecology
shall complete a final nonproject environmental impact
statement that evaluates stream flows to meet the alternative
goals of maintaining, preserving, or enhancing instream
resources and the technically defensible methodologies for
determining these stream flows. Planning units and state
agencies assessing and setting or amending instream flows
must, as a minimum, consider the goals and methodologies
addressed in the nonproject environmental impact statement.
A planning unit or state agency may assess, set, or amend
instream flows in a manner that varies from the final
nonproject environmental impact statement if consistent with
applicable instream flow laws. [2001 c 237 § 3.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.82.090 Water quality component. If the initiating
governments choose to include a water quality component,
the watershed plan shall include the following elements:
(1) An examination based on existing studies conducted
by federal, state, and local agencies of the degree to which
legally established water quality standards are being met in
the management area;
(2) An examination based on existing studies conducted
by federal, state, and local agencies of the causes of water
quality violations in the management area, including an
examination of information regarding pollutants, point and
nonpoint sources of pollution, and pollution-carrying capacities of water bodies in the management area. The analysis
shall take into account seasonal stream flow or level variations, natural events, and pollution from natural sources that
occurs independent of human activities;
(3) An examination of the legally established characteristic uses of each of the nonmarine bodies of water in the
management area;
(4) An examination of any total maximum daily load
established for nonmarine bodies of water in the management area, unless a total maximum daily load process has
begun in the management area as of the date the watershed
planning process is initiated under RCW 90.82.060;
(5) An examination of existing data related to the
impact of fresh water on marine water quality;
(6) A recommended approach for implementing the total
maximum daily load established for achieving compliance
with water quality standards for the nonmarine bodies of
water in the management area, unless a total maximum daily
load process has begun in the management area as of the
(2002 Ed.)
90.82.080
date the watershed planning process is initiated under RCW
90.82.060; and
(7) Recommended means of monitoring by appropriate
government agencies whether actions taken to implement the
approach to bring about improvements in water quality are
sufficient to achieve compliance with water quality standards.
This chapter does not obligate the state to undertake
analysis or to develop strategies required under the federal
clean water act (33 U.S.C. Sec. 1251 et seq.). This chapter
does not authorize any planning unit, lead agency, or local
government to adopt water quality standards or total maximum daily loads under the federal clean water act. [1998 c
247 § 5.]
90.82.100 Habitat component. If the initiating
governments choose to include a habitat component, the
watershed plan shall be coordinated or developed to protect
or enhance fish habitat in the management area. Such
planning must rely on existing laws, rules, or ordinances
created for the purpose of protecting, restoring, or enhancing
fish habitat, including the shoreline management act, chapter
90.58 RCW, the growth management act, chapter 36.70A
RCW, and the forest practices act, chapter 76.09 RCW.
Planning established under this section shall be integrated
with strategies developed under other processes to respond
to potential and actual listings of salmon and other fish
species as being threatened or endangered under the federal
endangered species act, 16 U.S.C. Sec. 1531 et seq. Where
habitat restoration activities are being developed under
chapter 246, Laws of 1998, such activities shall be relied on
as the primary nonregulatory habitat component for fish
habitat under this chapter. [1998 c 247 § 6.]
90.82.110 Identification of projects and activities.
The planning unit shall review historical data such as fish
runs, weather patterns, land use patterns, seasonal flows, and
geographic characteristics of the management area, and also
review the planning, projects, and activities that have already
been completed regarding natural resource management or
enhancement in the management area and the products or
status of those that have been initiated but not completed for
such management in the management area, and incorporate
their products as appropriate so as not to duplicate the work
already performed or underway.
The planning group is encouraged to identify projects
and activities that are likely to serve both short-term and
long-term management goals and that warrant immediate
financial assistance from the state, federal, or local government. If there are multiple projects, the planning group
shall give consideration to ranking projects that have the
greatest benefit and schedule those projects that should be
implemented first. [1998 c 247 § 7.]
90.82.120 Plan parameters. (1) Watershed planning
developed and approved under this chapter shall not contain
provisions that: (a) Are in conflict with existing state
statutes, federal laws, or tribal treaty rights; (b) impair or
diminish in any manner an existing water right evidenced by
a claim filed in the water rights claims registry established
under chapter 90.14 RCW or a water right certificate or
[Title 90 RCW—page 141]
90.82.120
Title 90 RCW: Water Rights—Environment
permit; (c) require a modification in the basic operations of
a federal reclamation project with a water right the priority
date of which is before June 11, 1998, or alter in any
manner whatsoever the quantity of water available under the
water right for the reclamation project, whether the project
has or has not been completed before June 11, 1998; (d)
affect or interfere with an ongoing general adjudication of
water rights; (e) modify or require the modification of any
waste discharge permit issued under chapter 90.48 RCW; (f)
modify or require the modification of activities or actions
taken or intended to be taken under a habitat restoration
work schedule developed under chapter 246, Laws of 1998;
or (g) modify or require the modification of activities or
actions taken to protect or enhance fish habitat if the
activities or actions are: (i) Part of an approved habitat
conservation plan and an incidental take permit, an incidental
take statement, a management or recovery plan, or other
cooperative or conservation agreement entered into with a
federal or state fish and wildlife protection agency under its
statutory authority for fish and wildlife protection that addresses the affected habitat; or (ii) part of a water quality
program adopted by an irrigation district under chapter 87.03
RCW or a board of joint control under chapter 87.80 RCW.
This subsection (1)(g) applies as long as the activities or
actions continue to be taken in accordance with the plan,
agreement, permit, or statement. Any assessment conducted
under RCW 90.82.070, 90.82.090, or 90.82.100 shall take
into consideration such activities and actions and those taken
under the forest practices rules, including watershed analysis
adopted under the forest practices act, chapter 76.09 RCW.
(2) Watershed planning developed and approved under
this chapter shall not change existing local ordinances or
existing state rules or permits, but may contain recommendations for changing such ordinances or rules.
(3) Notwithstanding any other provision of this chapter,
watershed planning shall take into account forest practices
rules under the forest practices act, chapter 76.09 RCW, and
shall not create any obligations or restrictions on forest
practices additional to or inconsistent with the forest practices act and its implementing rules, whether watershed
planning is approved by the counties or the department.
[1998 c 247 § 8.]
90.82.130 Plan approval—Public notice and hearing—Revisions. (1)(a) Upon completing its proposed
watershed plan, the planning unit may approve the proposal
by consensus of all of the members of the planning unit or
by consensus among the members of the planning unit
appointed to represent units of government and a majority
vote of the nongovernmental members of the planning unit.
(b) If the proposal is approved by the planning unit, the
unit shall submit the proposal to the counties with territory
within the management area. If the planning unit has
received funding beyond the initial organizing grant under
RCW 90.82.040, such a proposal approved by the planning
unit shall be submitted to the counties within four years of
the date that funds beyond the initial funding are first drawn
upon by the planning unit.
(c) If the watershed plan is not approved by the planning unit, the planning unit may submit the components of
the plan for which agreement is achieved using the proce[Title 90 RCW—page 142]
dure under (a) of this subsection, or the planning unit may
terminate the planning process.
(2)(a) The legislative authority of each of the counties
with territory in the management area shall provide public
notice of and conduct at least one public hearing on the
proposed watershed plan submitted under this section. After
the public hearings, the legislative authorities of these
counties shall convene in joint session to consider the
proposal. The counties may approve or reject the proposed
watershed plan for the management area, but may not amend
it. Approval of such a proposal shall be made by a majority
vote of the members of each of the counties with territory in
the management area.
(b) If a proposed watershed plan is not approved, it shall
be returned to the planning unit with recommendations for
revisions. Approval of such a revised proposal by the
planning unit and the counties shall be made in the same
manner provided for the original watershed plan. If approval
of the revised plan is not achieved, the process shall terminate.
(3) The planning unit shall not add an element to its
watershed plan that creates an obligation unless each of the
governments to be obligated has at least one representative
on the planning unit and the respective members appointed
to represent those governments agree to adding the element
that creates the obligation. A member’s agreeing to add an
element shall be evidenced by a recorded vote of all members of the planning unit in which the members record
support for adding the element. If the watershed plan is
approved under subsections (1) and (2) of this section and
the plan creates obligations: (a) For agencies of state
government, the agencies shall adopt by rule the obligations
of both state and county governments and rules implementing the state obligations, the obligations on state agencies are
binding upon adoption of the obligations into rule, and the
agencies shall take other actions to fulfill their obligations as
soon as possible; or (b) for counties, the obligations are
binding on the counties and the counties shall adopt any
necessary implementing ordinances and take other actions to
fulfill their obligations as soon as possible.
(4) As used in this section, "obligation" means any
action required as a result of this chapter that imposes upon
a tribal government, county government, or state government, either: A fiscal impact; a redeployment of resources;
or a change of existing policy. [2001 c 237 § 4; 1998 c 247
§ 9.]
Finding—Intent—Severability—Effective date—2001 c 237: See
notes following RCW 90.82.040.
Intent—2001 c 237: See note following RCW 90.66.065.
90.82.140 Use of monitoring recommendations in
RCW 77.85.210. In conducting assessments and other
studies that include monitoring components or recommendations, the department and planning units shall implement the
monitoring recommendations developed under RCW
77.85.210. [2001 c 298 § 2.]
Finding—Intent—2001 c 298: See note following RCW 77.85.210.
90.82.900 Part headings not law—1997 c 442. As
used in this act, part headings constitute no part of the law.
[1997 c 442 § 803.]
(2002 Ed.)
Watershed Planning
90.82.901 Severability—1997 c 442. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1997 c 442 § 805.]
90.82.902 Captions not law—1998 c 247. As used
in this act, captions constitute no part of the law. [1998 c
247 § 15.]
Chapter 90.84
WETLANDS MITIGATION BANKING
Sections
90.84.005
90.84.010
90.84.020
90.84.030
90.84.040
90.84.050
90.84.060
90.84.070
90.84.900
Findings—Purpose—Intent.
Definitions.
Wetlands or wetlands banks—Authority for regulating.
Rules—Submission of proposed rules to legislative committees.
Certification of banks—Approval of use of credits by state
and local governments.
Approval of use of credits by the department—
Requirements.
Interpretation of chapter and rules.
Application to public and private mitigation banks.
Severability—1998 c 248.
90.84.005 Findings—Purpose—Intent. (1) The
legislature finds that wetlands mitigation banks are an
important tool for providing compensatory mitigation for unavoidable impacts to wetlands. The legislature further finds
that the benefits of mitigation banks include: (a) Maintenance of the ecological functioning of a watershed by
consolidating compensatory mitigation into a single large
parcel rather than smaller individual parcels; (b) increased
potential for the establishment and long-term management of
successful mitigation by bringing together financial resources, planning, and scientific expertise not practicable for many
project-specific mitigation proposals; (c) increased certainty
over the success of mitigation and reduction of temporal
losses of wetlands since mitigation banks are typically
implemented and functioning in advance of project impacts;
(d) potential enhanced protection and preservation of the
state’s highest value and highest functioning wetlands; (e) a
reduction in permit processing times and increased opportunity for more cost-effective compensatory mitigation for
development projects; and (f) the ability to provide compensatory mitigation in an efficient, predictable, and economically and environmentally responsible manner. Therefore, the
legislature declares that it is the policy of the state to
authorize wetland mitigation banking.
(2) The purpose of this chapter is to support the
establishment of mitigation banks by: (a) Authorizing state
agencies and local governments, as well as private entities,
to achieve the goals of this chapter; and (b) providing a
predictable, efficient, regulatory framework, including timely
review of mitigation bank proposals. The legislature intends
that, in the development and adoption of rules for banks, the
department establish and use a collaborative process involving interested public and private entities. [1998 c 248 § 1.]
(2002 Ed.)
90.82.901
90.84.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly
requires otherwise.
(1) "Banking instrument" means the documentation of
agency and bank sponsor concurrence on the objectives and
administration of the bank that describes in detail the
physical and legal characteristics of the bank, including the
service area, and how the bank will be established and
operated.
(2) "Bank sponsor" means any public or private entity
responsible for establishing and, in most circumstances,
operating a bank.
(3) "Credit" means a unit of trade representing the
increase in the ecological value of the site, as measured by
acreage, functions, and/or values, or by some other assessment method.
(4) "Department" means the department of ecology.
(5) "Wetlands mitigation bank" or "bank" means a site
where wetlands are restored, created, enhanced, or in
exceptional circumstances, preserved expressly for the
purpose of providing compensatory mitigation in advance of
authorized impacts to similar resources.
(6) "Mitigation" means sequentially avoiding impacts,
minimizing impacts, and compensating for remaining
unavoidable impacts.
(7) "Practicable" means available and capable of being
done after taking into consideration cost, existing technology,
and logistics in light of overall project purposes.
(8) "Service area" means the designated geographic area
in which a bank can reasonably be expected to provide
appropriate compensation for unavoidable impacts to
wetlands.
(9) "Unavoidable" means adverse impacts that remain
after all appropriate and practicable avoidance and
minimization have been achieved. [1998 c 248 § 3.]
90.84.020 Wetlands or wetlands banks—Authority
for regulating. This chapter does not create any new
authority for regulating wetlands or wetlands banks beyond
what is specifically provided for in this chapter. No authority is granted to the department under this chapter to adopt
rules or guidance that apply to wetland projects other than
banks under this chapter. [1998 c 248 § 2.]
90.84.030 Rules—Submission of proposed rules to
legislative committees. Subject to the requirements of this
chapter, the department, through a collaborative process,
shall adopt rules for:
(1) Certification, operation, and monitoring of wetlands
mitigation banks. The rules shall include procedures to
assure that:
(a) Priority is given to banks providing for the restoration of degraded or former wetlands;
(b) Banks involving the creation and enhancement of
wetlands are certified only where there are adequate assurances of success and that the bank will result in an overall
environmental benefit; and
(c) Banks involving the preservation of wetlands or
associated uplands are certified only when the preservation
is in conjunction with the restoration, enhancement, or
[Title 90 RCW—page 143]
90.84.030
Title 90 RCW: Water Rights—Environment
creation of a wetland, or in other exceptional circumstances
as determined by the department consistent with this chapter;
(2) Determination and release of credits from banks.
Procedures regarding credits shall authorize the use and sale
of credits to offset adverse impacts and the phased release of
credits as different levels of the performance standards are
met;
(3) Public involvement in the certification of banks,
using existing statutory authority;
(4) Coordination of governmental agencies;
(5) Establishment of criteria for determining service
areas for each bank;
(6) Performance standards; and
(7) Long-term management, financial assurances, and
remediation for certified banks.
Before adopting rules under this chapter, the department
shall submit the proposed rules to the appropriate standing
committees of the legislature. By January 30, 1999, the
department shall submit a report to the appropriate standing
committees of the legislature on its progress in developing
rules under this chapter. [1998 c 248 § 4.]
rule, consistent with the purposes of this chapter. [1998 c
248 § 7.]
90.84.070 Application to public and private mitigation banks. This chapter applies to public and private
mitigation banks. [1998 c 248 § 8.]
90.84.900 Severability—1998 c 248. If any provision
of this act or its application to any person or circumstance is
held invalid, the remainder of the act or the application of
the provision to other persons or circumstances is not
affected. [1998 c 248 § 9.]
90.84.040 Certification of banks—Approval of use
of credits by state and local governments. (1) The
department may certify only those banks that meet the
requirements of this chapter. Certification shall be accomplished through a banking instrument. The local jurisdiction
in which the bank is located shall be signatory to the
banking instrument.
(2) State agencies and local governments may approve
use of credits from a bank for any mitigation required under
a permit issued or approved by that state agency or local
government to compensate for the proposed impacts of a
specific public or private project. [1998 c 248 § 5.]
90.84.050 Approval of use of credits by the department—Requirements. Prior to authorizing use of credits
from a bank as a means of mitigation under a permit issued
or approved by the department, the department must assure
that all appropriate and practicable steps have been undertaken to first avoid and then minimize adverse impacts to
wetlands. In determining appropriate steps to avoid and
minimize adverse impacts to wetlands, the department shall
take into consideration the functions and values of the
wetland, including fish habitat, ground water quality, and
protection of adjacent properties. The department may
approve use of credits from a bank when:
(1) The credits represent the creation, restoration, or
enhancement of wetlands of like kind and in close proximity
when estuarine wetlands are being mitigated;
(2) There is no practicable opportunity for on-site
compensation; or
(3) Use of credits from a bank is environmentally
preferable to on-site compensation. [1998 c 248 § 6.]
90.84.060 Interpretation of chapter and rules. The
interpretation of this chapter and rules adopted under this
chapter must be consistent with applicable federal guidance
for the establishment, use, and operation of wetlands
mitigation banks as it existed on June 11, 1998, or such
subsequent date as may be provided by the department by
[Title 90 RCW—page 144]
(2002 Ed.)
Title 91
WATERWAYS
Chapters
91.08
Public waterways.
Appropriation of water for public and industrial purposes: Chapter 90.16
RCW.
Assessments and charges against state lands: Chapter 79.44 RCW.
Cities and towns
dikes, levees, embankments—Authority to construct: RCW 35.21.090.
waterways: Chapter 35.56 RCW.
Construction projects in state waters: Chapter 77.55 RCW.
Contracts with flood control districts: RCW 86.24.040.
Counties, joint canal construction: RCW 36.64.060.
Dams, height on tributaries of Columbia river: Chapter 77.55 RCW.
Director of fish and wildlife may modify inadequate fishways and fish
guards: RCW 77.55.070, 77.55.310.
Easements over public lands: Chapter 79.36 RCW.
Eminent domain: Title 8 RCW
by cities—Condemnation authorized—Purposes enumerated: RCW
8.12.030.
by corporations: Chapter 8.20 RCW.
interest on verdict fixed—Suspension during pendency of appeal: RCW
8.28.040.
notice where military land (state) is involved: RCW 8.28.030.
First class cities—City may let wharves: RCW 35.22.410.
Flood control: Title 86 RCW.
Harbors and tide waters: State Constitution Art. 15.
Lake Washington ship canal: RCW 37.08.240.
Lien for labor and materials on public works: Chapter 60.28 RCW.
Marine employees—Public employment relations: Chapter 47.64 RCW.
Material removed for channel or harbor improvement, or flood control—
Use for public purpose: RCW 79.90.150.
Navigation and harbor improvements: Title 88 RCW.
Property taxes—Certain property exempt: RCW 84.36.010.
Public contracts and indebtedness: Title 39 RCW.
Sale of state-owned tide or shorelands to municipal corporation or state
agency: RCW 79.94.160.
State toll bridges, tunnels and ferries: Chapters 47.56 through 47.60 RCW.
Tidelands, shorelands and harbor areas: Chapters 79.92, 79.94 RCW.
Water rights: Title 90 RCW.
Chapter 91.08
PUBLIC WATERWAYS
Sections
91.08.010
91.08.020
91.08.030
91.08.060
91.08.070
91.08.080
91.08.090
91.08.100
91.08.110
91.08.120
(2002 Ed.)
91.08.130
91.08.140
91.08.150
91.08.160
91.08.170
91.08.180
91.08.190
91.08.200
91.08.210
91.08.220
91.08.230
91.08.240
91.08.250
91.08.260
91.08.270
91.08.280
91.08.290
91.08.300
91.08.310
91.08.320
91.08.330
91.08.340
91.08.350
91.08.360
91.08.370
91.08.380
91.08.390
91.08.400
91.08.410
91.08.420
91.08.430
91.08.440
91.08.450
91.08.460
91.08.465
91.08.480
91.08.485
91.08.490
91.08.500
91.08.510
91.08.520
91.08.530
Public waterways authorized.
Accessible lands defined.
Petition—By whom signed—Contents—Notice of filing—
Discharge of proceedings.
Cost bond filed with petition.
Petition may be amended—Order for hearing—Notice—
Record.
Hearing—Findings—Order.
Board’s powers and duties—In general—County immune
from expense.
Board’s powers and duties—Right of eminent domain.
Bridging part of cost.
Eminent domain—Order to acquire or condemn property.
91.08.540
91.08.550
91.08.560
91.08.570
91.08.575
91.08.580
91.08.590
91.08.600
91.08.610
91.08.620
Eminent domain—Petition to condemn.
Eminent domain—Summons.
Eminent domain—Service in case of public lands—Legal
counsel.
Eminent domain—Finding of public use—Jury—Dismissal.
Eminent domain—New parties may be admitted.
Eminent domain—Jury may view property.
Eminent domain—Measure of damage to buildings.
Eminent domain—Findings as interests appear—
Interpleader.
Eminent domain—Procedure after findings.
Eminent domain—Substitution of new owner as defendant.
Eminent domain—Guardian ad litem.
Eminent domain—Damage irrespective of benefits.
Eminent domain—Finality of judgment—Appellate review—
Waiver of review.
Eminent domain—Decree of appropriation.
Assessment procedure—Petition—Assessment commissioners.
Assessment procedure—Oath and compensation of commissioners.
Assessment procedure—Apportionment of assessment.
Assessment procedure—Assessment roll.
Assessment procedure—Order for hearing on roll—Notice.
Assessment procedure—Proof of service of notice.
Assessment procedure—Cause may be continued.
Assessment procedure—Hearing—Findings—Judgment.
Assessment procedure—Roll may be recast—New commissioners.
Assessment procedure—Judgment separate as to each tract—
Effect of appeal.
Assessment procedure—Roll certified to treasurer—Interest
on assessment upon appeal.
Assessment procedure—Notice of filing roll.
Payment of assessment—Alternate methods.
Payment of assessment—Record of payment without interest.
Payment of assessment—Installments—Collection.
Payment of assessment—Record of installment payments.
Payment of assessment—Payment in full or in part—
Interest—Segregation.
Payment of assessment—Interest on last installment.
Payment of assessment—Land taken for public use.
Payment of assessment—Treasurer’s report.
Bonds—Authorized—Purposes for issuance.
Bonds—Terms, form, interest, execution.
Bonds—Sale or exchange for par value.
Bonds—Sale of.
Bonds—Payment.
Bonds—Recourse of owner limited to special assessment—
Bond to so state.
Invalidity of assessments—Reassessment.
Construction—Contractor’s bond—Bidder’s deposit—
Claims.
Construction—Installment payments—Reserve.
Warrants.
Warrants—Payment.
Public lands not devoted to public use to be treated as private lands.
Public lands not devoted to public use to be treated as private lands—Assessment.
Appellate review.
Payment of assessments by satisfying judgment.
Purchase of filling material.
Surplus money in district fund transferred to road fund.
Unclaimed funds, disposal of.
[Title 91 RCW—page 1]
Chapter 91.08
91.08.630
91.08.640
91.08.650
91.08.660
Title 91 RCW: Waterways
Waterways as highways—Control of.
Fees for serving process.
Enforcement.
Construction—1911 c 23.
91.08.010 Public waterways authorized. Whenever
in any county of this state the owners of lands bordering
upon or accessible to any navigable water shall desire to
improve their said lands, hereinafter designated as the
"district," by the construction of a new public waterway, or
the deepening or enlargement of an existing public waterway, for the floatage of vessels and the drainage of swamp
and overflowed lands, and the proposed improvement will
increase the public revenues and be of other public benefit,
they may present the plan of such proposed waterway to the
board of county commissioners of such county, hereinafter
designated the "board," and have the same acted upon as
provided in this chapter. [1911 c 23 § 1; RRS § 9777.]
91.08.020 Accessible lands defined. Lands shall be
deemed accessible to such waterway when by reason of their
nearness to the same their value will be materially increased
by the construction or deepening or widening of such waterway. [1911 c 23 § 2; RRS § 9778.]
91.08.030 Petition—By whom signed—Contents—
Notice of filing—Discharge of proceedings. The plan of
such proposed waterway shall be presented to the board by
a written petition of owners of lands which it is represented
will be improved by the construction, deepening or widening
of such waterway; and such petition shall be signed by the
owners of thirty-five percent or more of the area of lands in
the district, and shall be verified by one or more of the
petitioners to the effect that the signatures attached are the
genuine signature of the persons or corporations signing the
same. Each petitioner shall add a description of the lands he
owns. If petitioners are unmarried persons they shall so
state. If lands are owned by married persons, husband and
wife shall join in the petition. If a petitioner is a corporation, the signature shall be accompanied by a certified copy
of a resolution of the board of directors or trustees of the
corporation authorizing the person signing the petition for
the corporation to execute it. If lands included in the
petition are owned by minors, insane persons, or other
persons under guardianship in this state, the petition may be
signed by the guardians of such persons: PROVIDED, That
the signature be accompanied by a certified copy of an order
of the superior court having the guardianship of such person
in charge, authorizing the guardian to sign the petition. A
petition may consist of one or more separate papers or sheets
which are identified with the subject matter.
The petitioners shall file with the board, with their petition, a map of the lands in the district and a statement
showing each separate ownership of lands as shown by the
public records of the county, and their location in the county,
with the names of the owners as shown by such records, and
the location of the proposed waterway if a new waterway is
to be constructed. If an existing waterway is to be deepened
the map shall show its location, and if it is to be widened the
map shall show its location and the extent to which it is to
be widened. With the petition there shall also be presented
satisfactory evidence from the real property records of the
[Title 91 RCW—page 2]
county that the petitioners are severally the owners in fee
simple of their respective tracts of land, and that all taxes
and assessments due thereon are paid. If it is proposed that
any lands in the district shall be filled with the material dug
or dredged from such waterway, the petition shall so state,
and the map of the district and plan of the improvement
shall show the location, depth and yardage of such fill. The
petition may also fix the price per cubic yard at which such
fill shall be charged to the land filled, which charge shall be
added to the assessment for the improvement to be made
upon such lands and be paid as a part thereof. If the price
of filling is not fixed by the petition it may be fixed by the
board.
At any time after the filing of such petition one or more
of the petitioners may file and record in the office of the
auditor of the county, notice of the pendency of the proceeding, describing the boundaries of the proposed district, and
from the time of such filing all persons shall be deemed to
have notice of the pendency of the proceeding and be bound
thereby. Upon the hearing upon such petition, hereinafter
provided, if the same be denied any person interested may
file in the office of said county auditor a certified copy of
the order denying the same, whereupon the auditor shall
enter the discharge of the notice of the pendency of the
proceeding on the margin of the record thereof. And the
like discharge may be filed whenever the proceeding is
terminated for any other reason. [1911 c 23 § 3; RRS §
9779. Formerly RCW 91.08.030, 91.08.040, and 91.08.050.]
91.08.060 Cost bond filed with petition. Said
petitioners shall at the time of filing their petition with the
board, file a bond executed by one or more of their number
as principals, and in behalf of all, and by a surety corporation authorized to become surety upon public bonds in this
state, which bond shall run to the state of Washington as
obligee and be in the sum of five hundred dollars, conditioned that they will pay all costs of the proceeding in case
for any reason the petition shall not be granted, or in case no
fund shall thereafter be created for the payment of the
expense attending said proposed waterway improvement.
And said petitioners shall, from time to time as the board
shall estimate and order, pay the costs and expenses of such
proceeding. [1911 c 23 § 4; RRS § 9780.]
91.08.070 Petition may be amended—Order for
hearing—Notice—Record. The petition, after the filing
thereof, shall be taken up and considered by the county
legislative authority at the next regular or special meeting
thereof, or as soon thereafter as may be convenient, and if
the petition be defective in any particular it may be amended
and an adjournment of the matter may be had to permit of
the amendment, for a time not exceeding thirty days. If the
petition be defective and be not sufficiently amended within
the adjournment taken, it shall be dismissed. But if the
petition is sufficient, or if by amendment it be made sufficient, it shall be the duty of the county legislative authority
to enter an order setting a time for a public hearing thereon
within thirty days from the date of the order, and directing
the clerk of the county legislative authority to give notice of
the time and place of the hearing in the official newspaper
of the county by publication therein at least once each week
(2002 Ed.)
Public Waterways
for three successive weeks before the time of hearing. The
notice shall be addressed to the owners of lands not petitioning, as shown by the petition or as may be ascertained to be
the fact, and to all other persons known and unknown having
or claiming an interest in the lands in the district, and shall
state the pendency of the proceeding, its object, the names
of the signers of the petition, the number of acres of land
they claim to own, the whole number of acres proposed to
be improved, the boundaries of the lands to be included in
the improvement district, and the time and place of hearing.
And notice shall also be given that at the time and place
named, or at such time as the same may be adjourned to, the
board will consider the petition under the provisions of this
chapter, and will hear all objections offered by interested
parties and grant or refuse the petition as it may be advised.
The clerk of the board shall keep a record of all orders,
hearings and proceedings of the board in reference to the
waterway district in a separate bound book, designated as the
record of proceedings as to such district. [1985 c 469 § 96;
1911 c 23 § 5; RRS § 9781.]
91.08.080 Hearing—Findings—Order. At the time
and place prescribed in the said notice any owner of land
within said proposed improvement district may file with the
board his written consent to the proposed improvement, and
he shall then be considered as a petitioner; and if the owners
of more than one half of the lands within the district,
including the lands represented by the petition, shall assent
to the prayer of said petition, the board shall then proceed to
hear and consider any objections which may have been filed
at that or any previous time, and may adjourn such hearing
from day to day. If the board after full hearing on the
merits of the proposed waterway shall be satisfied that the
same will be of benefit to the public interests, and that
private benefit will result to the lands within the district
sufficient to equal the cost of the proposed improvement,
they may make findings accordingly and declare their
intention to establish the waterway district under the name
of the ". . . . . . Waterway District" and make the improvement as prayed for; but if the owners of less than one half
of the lands in the district shall assent to the creation thereof
and the making of the proposed improvement, the board
shall deny the petition and the proceeding shall be dismissed.
[1911 c 23 § 6; RRS § 9782.]
91.08.090 Board’s powers and duties—In general—
County immune from expense. Upon the entry of an order
creating such waterway district by the board, it shall have
power to perform all the duties and exercise all of the
authority conferred upon it by this chapter, and shall have
the right to sue and be sued in all matters pertaining to such
district as the representative thereof, in the same manner and
to the same extent as in all other county affairs. But such
district shall bear all the expenses of such action on the part
of the board, and the county shall be at no expense or charge
therefor. [1911 c 23 § 7; RRS § 9783.]
91.08.100 Board’s powers and duties—Right of
eminent domain. Said board shall have the right of eminent
domain for the acquisition of lands necessary to the construction or widening of the proposed waterway, and may
(2002 Ed.)
91.08.070
cause all necessary lands to be condemned and appropriated
or damaged for the use of said waterway, and make just
compensation therefor. The private property of the state, the
county, and other public or quasi-public corporations (except
incorporated cities and towns), and of private corporations,
shall be subject to the same rights of eminent domain at the
suit of said board as the property of private individuals.
[1911 c 23 § 8; RRS § 9784.]
91.08.110 Bridging part of cost. Whenever in aid of
the construction or widening of any such waterway it shall
be necessary to cross or disturb any existing public highway
or railroad, the cost of bridging the waterway or otherwise
substantially continuing the highway or railroad may be
ascertained and paid as a part of the cost of the improvement
if such cost is not otherwise provided for. [1911 c 23 § 9;
RRS § 9785.]
91.08.120 Eminent domain—Order to acquire or
condemn property. Whenever the said board shall desire
to condemn and acquire land, or damage lands or property
for any purpose authorized by this chapter, said board shall
make an order therefor wherein it shall be provided that such
land or damages shall be paid for wholly by special assessment upon the property within said waterway district, and
the proceeding thereafter shall be as herein specified. [1911
c 23 § 10; RRS § 9786.]
91.08.130 Eminent domain—Petition to condemn.
The board shall file a petition, verified by its chairman and
signed by the prosecuting attorney, in the superior court of
the county, praying that the property described may be taken
or damaged for the purpose specified and that compensation
therefor be ascertained by a jury or by the court in case a
jury be waived. Such petition shall allege the creation of the
waterway district and contain a copy of the order directing
the proceeding, a reasonably accurate description of the lots
or parcels of land or other property which will be taken or
damaged, and the names of the owners and occupants of said
lands and of said persons having any interest therein so far
as known to the said board, or as appears from the records
in the office of the county auditor. [1911 c 23 § 11; RRS §
9787.]
91.08.140 Eminent domain—Summons. Upon the
filing of the petition aforesaid a summons returnable as
summons in other civil actions, shall be issued and served
upon the persons made parties defendant, together with a
copy of the petition, as in other civil actions; and in case any
of the defendants are unknown or reside out of the state, a
summons for publication shall issue and publication be made
and return and proof thereof be made in the same manner as
is or shall be provided by the laws of the state for service
upon nonresident or unknown defendants in other civil
actions. Notice so given by publication shall be sufficient to
authorize the court to hear and determine the suit as though
all parties had been sued by their proper names and had been
personally served. [1911 c 23 § 12; RRS § 9788.]
Civil procedure—Commencement of actions: Chapter 4.28 RCW.
[Title 91 RCW—page 3]
91.08.150
Title 91 RCW: Waterways
91.08.150 Eminent domain—Service in case of
public lands—Legal counsel. In case the land or other
property sought to be taken or damaged is state land, the
summons and copy of petition shall be served upon the
commissioner of public lands; if it is county land it shall be
served upon the county auditor, and if school land, upon the
county auditor and the chairman of the board of directors of
the school district. Service upon other parties defendant,
public or private, shall be made in the same manner as is or
shall be provided by law for service of summons in other
civil actions. If the state is made a defendant the attorney
general shall represent it. If the county is a defendant the
court shall appoint an attorney to represent it at all stages of
the proceedings, and may allow him compensation for his
services as costs of the proceeding. [1911 c 23 § 13; RRS
§ 9789.]
91.08.190 Eminent domain—Measure of damage to
buildings. If there be any building standing in whole or in
part upon any land to be taken, the jury or court shall add to
the finding of the value of the land taken, the value or
damage to such building as the case may require. If the
entire building is taken, or if it is damaged so that it cannot
be readjusted to premises of the owner, then the measure of
damages shall include the fair market value of the building.
If part of the building is taken, or it is damaged but can be
readjusted or replaced on premises of the owner, then the
measure of damages shall be the cost of readjusting or
moving the building or part thereof left, together with the
depreciation in the market value of said building by reason
of said readjustment or moving. [1911 c 23 § 17; RRS §
9793.]
Civil procedure—Commencement of actions: Chapter 4.28 RCW.
Department of natural resources to exercise certain powers and duties—
Commissioner of public lands: RCW 43.30.130.
Eminent domain where state land is involved: RCW 8.28.010.
Public lands treated as private lands: RCW 91.08.570.
91.08.200 Eminent domain—Findings as interests
appear—Interpleader. If the land and buildings belong to
different parties, or if the title to the property be divided into
different interests by lease or otherwise, the damage done to
each of such parties or interests may be separately found by
the jury or court on the written request of any party. And in
making such findings the jury or court shall first find and set
forth the total amount of the damage to said lands and buildings and all premises therein, estimating the same as an
entire estate and as if the same were the sole property of one
owner in fee simple; and they shall then apportion the
damages so found among the several parties entitled to the
same in proportion to their several interests and claims. But
no delay in ascertaining the amount of compensation shall be
occasioned by any doubt or contest which may arise as to
the ownership of the property or any part thereof, or as to
the extent of the interest of any defendant in the property to
be taken or damaged, but in such case the jury or court shall
ascertain the entire compensation or damage that should be
paid for the property and the court may thereafter require
adverse claimants to interplead so as to fully determine their
rights and interests in the compensation so ascertained, and
may make such order as may be necessary in regard to the
deposit or payment of such compensation and the division
thereof. [1911 c 23 § 18; RRS § 9794.]
91.08.160 Eminent domain—Finding of public
use—Jury—Dismissal. Upon the return of said summons,
or as soon thereafter as the business of the court will permit,
the said court shall proceed to the hearing of such petition
and shall adjudicate whether the proposed condemnation is
for a public use, and if its judgment is that the proposed use
is public, it shall empanel a jury to ascertain the just
compensation to be paid for the lands or property taken or
damaged, unless a jury be waived; but if any defendant or
party in interest shall demand, and the court shall deem it
proper, separate juries may be empanelled as to the separate
compensation or damages to be paid to any one or more of
such defendants or parties in interest. Should the court
determine that the proposed use is not public, it shall dismiss
the proceeding. [1911 c 23 § 14; RRS § 9790.]
91.08.170 Eminent domain—New parties may be
admitted. The jury or court shall also ascertain the just
compensation to be paid to any person found to have an
interest in any lot or parcel of land or property which may
be taken or damaged for such improvement, whether or not
such person’s name or such lot or parcel of land or other
property is mentioned or described in said petition: PROVIDED, That such person shall first be admitted as a party
defendant to such suit by such court and shall file a statement of his interest in, and a description of, the lot or parcel
of land or other property in respect to which he claims
compensation. [1911 c 23 § 15; RRS § 9791.]
Procedure after findings: RCW 91.08.210.
Substitute defendant: RCW 91.08.220.
91.08.180 Eminent domain—Jury may view property. The court may upon motion of the petitioners, or of any
defendant, direct that the jury under the charge of an officer
of the court and accompanied by such person or persons as
may be appointed by the court to point out the property
sought to be taken or damaged, shall view the lands or
property taken or damaged for the proposed improvement.
[1911 c 23 § 16; RRS § 9792.]
[Title 91 RCW—page 4]
91.08.210 Eminent domain—Procedure after
findings. Upon the filing of the findings of the jury or
court, the proceedings of the court regarding new trial and
the entry of judgment thereon, shall be the same as in other
civil actions, and the judgment shall be such as the nature of
the case may require. The final judgment of the court shall
be that the lands and property taken and damaged shall, upon
payment of the sums awarded, vest in the county as and for
a public waterway. The court shall continue or adjourn the
case from time to time as to all defendants named in such
petition who shall not have been served with process or
brought in by publication, and new summons may issue or
new publication be made at any time, and upon such
defendants being brought in the court may empanel a jury to
ascertain the compensation so to be made to such defendants
for property taken or damaged, or may proceed without a
jury if none be demanded, and like proceedings shall be had
for such purpose as are herein provided. [1911 c 23 § 19;
RRS § 9795.]
(2002 Ed.)
Public Waterways
Civil procedure
judgments: Chapters 4.56 through 4.64, 4.72 RCW.
new parties may be admitted: RCW 91.08.170.
new trials: Chapter 4.76 RCW.
91.08.220 Eminent domain—Substitution of new
owner as defendant. The court shall have power at any
time, upon proof that any defendant who has not been served
with process has ceased to be an owner since the filing of
such petition, to substitute the new owner as a defendant,
and after due service of the summons and petition upon him
proceed as though he had been a party in the first instance;
and the court may upon any finding of the jury, or at any
time during the course of the proceedings, enter every such
order, rule, judgment or decree as the nature of the case may
require. [1911 c 23 § 20; RRS § 9796.]
New parties may be admitted: RCW 91.08.170.
Procedure after findings: RCW 91.08.210.
91.08.230 Eminent domain—Guardian ad litem.
When it shall appear from said petition or otherwise, at any
time during the proceedings upon such petition, that any
infant, insane or distracted person is interested in any property that is to be taken or damaged, the court shall appoint a
guardian ad litem for such infant or insane or distracted
person to appear and defend for him, her or them; and the
court shall make such order or decree as it shall deem proper
to protect and secure the interest of such infant or insane or
distracted person in such property, or the compensation
which shall be awarded therefor. [1911 c 23 § 21; RRS §
9797.]
91.08.240 Eminent domain—Damage irrespective of
benefits. The compensation to be ascertained by the jury or
court shall be irrespective of any benefit from the improvement proposed, and the finding shall state separately the
value of land taken from any tract and the damage, if any,
to remaining land by reason of the severance. [1911 c 23 §
22; RRS § 9798.]
91.08.250 Eminent domain—Finality of judgment—
Appellate review—Waiver of review. Any final judgment
rendered by said court upon the findings of the court or a
jury, shall be the lawful and sufficient condemnation of the
land or property to be taken, or of the right to damage the
same in the manner proposed, upon the payment of the
amount of such findings and all costs which shall be taxed
as in other civil cases: PROVIDED, That in case any
defendant recovers no award, no costs shall be taxed. Such
judgment shall be final and conclusive as to the damages
caused by such improvement, unless appellate review is
sought, and no review shall delay proceedings under the
order of said board if it shall pay into court for the owners
and parties interested, as directed by the court, the amount
of the judgment and costs; but such board after making such
payment into court shall be liable to such owner or owners,
or parties interested, for the payment of any further compensation which may at any time be finally awarded to such
parties seeking review in said proceeding, and his or her
costs, and shall pay the same on the rendition of judgment
therefor and abide any rule or order of the court in relation
(2002 Ed.)
91.08.210
to the matter in controversy. In case of review by the
supreme court or the court of appeals of the state, the money
so paid into the superior court by the board, as aforesaid,
shall remain in the custody of said superior court until the
final determination of the proceedings. If the owner of the
land, real estate, premises, or other property, accepts the sum
awarded by the jury or the court, he shall be deemed thereby
to have waived conclusively appellate review and final
judgment may be rendered in the superior court as in other
cases. [1988 c 202 § 94; 1971 c 81 § 180; 1911 c 23 § 23;
RRS § 9799.]
Rules of court: Cf. RAP 2.5(b).
Severability—1988 c 202: See note following RCW 2.24.050.
Appellate review: RCW 91.08.580.
Civil procedure—Costs: Chapter 4.84 RCW.
91.08.260 Eminent domain—Decree of appropriation. The court upon proof that the judgment, together with
costs, has been paid to the person entitled thereto, or has
been paid into court, shall enter an order that the board shall
have the right at any time thereafter to take possession of or
damage the property in respect to which such compensation
shall have been so made or paid into court as aforesaid, and
thereupon the title to any property so taken shall be vested
in fee simple in the public as a water highway. [1911 c 23
§ 24; RRS § 9800.]
91.08.270 Assessment procedure—Petition—
Assessment commissioners. Said board shall, upon the
entry of the condemnation judgment, file in the same
proceeding a supplementary petition, praying the court that
an assessment be made upon the lands in the district for the
purpose of raising an amount necessary to pay the compensation and damages awarded for the property taken or
damaged, with costs of the proceedings, and for the estimated cost of the proposed improvement; and the court shall
thereupon appoint three competent disinterested persons as
commissioners to make such assessment. Said commissioners shall include in such assessment the compensation and
damages awarded for the property taken or damaged, with
legal interest from the date of entry of the judgment, and
with all costs and expenses of the proceedings incurred to
the time of their appointment, or to the time when said
proceedings was referred to them, together with the probable
further costs and expenses of the proceeding, including
therein the estimated cost of making and collecting such
assessment. The petitioners for the improvement shall be
entitled to have included in the costs of the proceeding, and
repaid to them, such reasonable sums as they may have
expended in preparing the maps and plans of the improvement and procuring the names of landowners for filing with
the petition. Such expenditures to be approved and allowed
by the court. [1911 c 23 § 25; RRS § 9801.]
Invalidity of assessments—Reassessment: RCW 91.08.520.
Public lands treated as private lands—Assessment of: RCW 91.08.575.
91.08.280 Assessment procedure—Oath and compensation of commissioners. Said commissioners, before
entering upon their duties, shall take and subscribe an oath
that they will faithfully perform the duties of the office to
which they are appointed, and will to the best of their
[Title 91 RCW—page 5]
91.08.280
Title 91 RCW: Waterways
abilities make true and impartial assessments according to
the law. Every commissioner shall receive compensation at
the rate of five dollars per day for each day actually spent in
making the assessment herein provided for, upon his filing
in the proceeding a verified statement showing the number
of days he has actually spent therein; and upon the approval
of said statement by the judge of the court in which the
proceeding is pending, the board shall issue a warrant in the
amount so approved, upon the special fund created to pay
the awards and costs of said proceeding; and the fees of such
commissioners so paid, and all expenses returned by them
and allowed by the court shall be included in the cost and
expense of such proceeding. [1911 c 23 § 26; RRS § 9802.]
91.08.290 Assessment procedure—Apportionment
of assessment. It shall be the duty of such commissioners
to examine the lands in the district and to apportion and
assess the amount of the judgment, interest and costs as
hereinbefore defined, of the condemnation proceeding, and
of the estimated cost of the proposed improvement, and of
the price of any fill made with material dug or dredged from
such waterway, upon the several lots, blocks, tracts and
parcels of land in said district, in the proportion in which
they will be severally benefited; which assessment shall be
a proportionate charge upon each square foot of land
contained in each separate lot, block, tract or parcel of land.
[1911 c 23 § 27; RRS § 9803.]
91.08.300 Assessment procedure—Assessment roll.
The commissioners shall make or cause to be made an
assessment roll in which shall appear the names of the owners, so far as known, a description of each lot, block, tract
or parcel of land or other property, and the amounts assessed
thereon as special benefits thereto, specifying separately the
benefits from the opening of the waterway, for construction,
and for fill if any, and certify such assessment roll to the
court before which said proceeding is pending, within sixty
days after the date of the order referring said proceeding to
them, or within such extension of said period as shall be
allowed by the court. In determining the benefit to be assessed upon any lot or parcel of land for the opening of the
waterway, the commissioners shall ascertain from the finding
of the court or jury whether or not it is remaining land after
the severance of land taken from an original lot or parcel for
right-of-way of such proposed waterway, and the damage
awarded to such remaining land, if any, allowed by reason
of the severance; and for such opening shall assess as
benefits to such remaining land only the excess of the
benefit accruing thereto over the damage awarded by the
finding. [1911 c 23 § 28; RRS § 9804.]
91.08.310 Assessment procedure—Order for
hearing on roll—Notice. Upon its completion the commissioners shall return their assessment roll into court, and
thereupon the court shall make an order setting a time for
the hearing thereon before the court, which day shall be at
least thirty days after the entry of the order. The commissioners shall give notice of the assessment and of the day
fixed by the court for the hearing thereon in the following
manner:
[Title 91 RCW—page 6]
(1) They shall at least twenty days prior to the date
fixed for the hearing on the roll, mail to each owner of the
property assessed, whose name and address is known to
them, a notice substantially in the following form:
"(Title of cause.) To . . . . . .: Pursuant to an order of
the superior court of the State of Washington, in and for the
county of . . . . . . there will be a hearing in the above
entitled cause on . . . . . . at . . . . . . upon the assessment
roll prepared by the commissioners heretofore appointed by
the court to assess the property specially benefited by the
(here describe nature of improvement); and you are hereby
required if you desire to make any objection to the assessment roll, to file your objections to the same before the date
herein fixed for the hearing upon the roll, a description of
your property and the amount assessed against it for the
aforesaid improvement is as follows: (Description of
property and amount assessed against it.)
......................
......................
......................
Commissioners."
(2) They shall cause at least twenty days’ notice to be
given of the hearing by publishing the same at least once a
week for two successive weeks in the official county
newspaper. The notice so required to be published may be
substantially as follows:
"(Title of cause.) Special Assessment Notice. Notice is
hereby given to all persons interested, that an assessment roll
has been filed in the above entitled cause providing for the
assessment upon the property benefited of the cost of (here
insert brief description of improvement) and that the roll has
been set down for hearing on the . . . . day of . . . . . . at
. . . . The boundaries of the assessment district are substantially as follows: (here insert an approximate description of
the assessment district.) All persons desiring to object to the
assessment roll are required to file their objections before
said date fixed for the hearing upon the roll, and appear on
the day fixed for hearing before the court.
......................
......................
......................
Commissioners."
[1985 c 469 § 97; 1911 c 23 § 29; RRS § 9805.]
91.08.320 Assessment procedure—Proof of service
of notice. On or before the day fixed for the hearing, the
affidavit of one or more of the commissioners shall be filed
in said court showing the mailing of the notices above prescribed, and an affidavit of the publisher of the newspaper
showing the publication of notice, with a copy of the
published notice attached, which affidavit shall be received
as prima facie proof of the giving of notice as herein
required. [1911 c 23 § 30; RRS § 9806.]
91.08.330 Assessment procedure—Cause may be
continued. If twenty days shall not have elapsed between
the first publication of such notice and the day set for
hearing, the hearing shall be continued until such time as the
court shall order. The court shall retain full jurisdiction of
(2002 Ed.)
Public Waterways
the matter until final judgment on the assessments, and if the
notice given shall prove invalid or insufficient the court shall
order new notice to be given. [1911 c 23 § 31; RRS §
9807.]
91.08.340 Assessment procedure—Hearing—
Findings—Judgment. Any person interested in any property assessed and desiring to object to the assessment
thereon, shall file his objections to such report at any time
before the day set for hearing said roll, and serve a copy
thereof upon the prosecuting attorney. As to all property to
the assessment upon which no objections are filed and
served, as herein provided, default may be entered and the
assessment confirmed by the court. On the hearing of
objections the report of the commissioners shall be competent evidence to support the assessment, but either party may
introduce such other evidence as may tend to establish the
right of the matter. The hearing shall be conducted as in
other cases at law tried by the court without a jury; and if it
shall appear that the property of the objector is assessed
more or less than it will be benefited, or more or less than
its proportionate share of the cost of the condemnation and
improvement, the court shall so find, and it shall also find
the amount in which said property ought to be assessed and
correct the assessment accordingly. Judgment shall be
entered confirming the assessment roll as originally filed or
as corrected, as the case may require. [1911 c 23 § 32; RRS
§ 9808.]
Civil procedure: Title 4 RCW.
91.08.350 Assessment procedure—Roll may be
recast—New commissioners. The court before which any
such proceeding may be pending shall have authority at any
time before final judgment to modify, alter, change, annul or
confirm any assessment roll returned as aforesaid, or cause
any such assessment roll to be recast by the same commissioners whenever it shall be necessary for the obtainment
of justice; or it may appoint other commissioners in the
place of all or any of the commissioners first appointed for
the purpose of making such assessment or modifying, altering, changing or recasting the same, and may take all such
proceedings and make all such orders as may be necessary
to make a true and just assessment of the cost of such
condemnation and improvement according to the principals
of this chapter, and may from time to time, as may be
necessary, continue the proceeding for that purpose as to the
whole or any part of the premises. [1911 c 23 § 33; RRS §
9809.]
91.08.330
Appellate review: RCW 91.08.580.
91.08.370 Assessment procedure—Roll certified to
treasurer—Interest on assessment upon appeal. The clerk
of the court in which such judgment is rendered shall certify
a copy of the assessment roll as confirmed, and of the judgment confirming the same, to the treasurer of the county, or
if there has been an appeal taken from any part of such
judgment, then he shall certify such part of the roll and
judgment as is not included in such appeal, and the remainder when final judgment is entered: PROVIDED, That if
upon such appeal the judgment of the superior court shall be
affirmed, the assessments on such property as to which
appeal has been taken shall bear interest at the same rate and
from the same date which other assessments not paid within
the time hereafter provided shall bear. Such copy of the
assessment roll shall be sufficient warrant to the county treasurer to collect the assessments therein specified in the
manner hereinafter provided. [1911 c 23 § 35; RRS §
9811.]
91.08.380 Assessment procedure—Notice of filing
roll. The treasurer receiving such certified copy of the
assessment roll and judgment shall immediately give notice
thereof by publishing such notice at least once in the official
newspaper or newspapers of such county, if such newspaper
or newspapers there be; and if there be no such official
newspaper, then by publishing such notice in some newspaper of general circulation in the county. Such notice may be
in substantially the following form:
"SPECIAL ASSESSMENT NOTICE.
Public notice is hereby given that the superior court of
. . . . . . county, State of Washington, has rendered judgment
for a special assessment upon property benefited by the
following improvement (here insert the character and
location of the improvement in general terms) as will more
fully appear from the certified copy of the assessment roll on
file in my office, and that the undersigned is authorized to
collect such assessments. All persons interested are hereby
notified that they can pay the amounts assessed, or any part
thereof, without interest, at my office (here insert location of
office) within sixty days from the date hereof.
Dated this . . . . day of . . . . . . A.D. 19. . .
......................
Treasurer of . . . . . . . . . . . . .
county, Washington."
[1911 c 23 § 36; RRS § 9812.]
Invalidity of assessments—Reassessment: RCW 91.08.520.
91.08.360 Assessment procedure—Judgment
separate as to each tract—Effect of appeal. The judgment
of the court confirming the assessment roll shall have the
effect of a separate judgment as to each tract or parcel of
land or other property assessed, and any appeal from such
judgment shall not invalidate or delay the judgment except
as to the property concerning which the appeal is taken.
Such judgment shall be a proportionate lien upon each
square foot of the property assessed from the date of entry
until payment shall be made. [1911 c 23 § 34; RRS §
9810.]
(2002 Ed.)
91.08.390 Payment of assessment—Alternate
methods. The owner of any land charged with an assessment under this chapter, may discharge the same from all
liability for the cost of such condemnation and improvement
by paying the entire assessment charged against his land,
without interest, within the time fixed by the notice of the
county treasurer for the payment thereof; or within said time
he may pay a part of such assessment and allow the remainder to continue as an assessment upon his land to be
collected and paid as hereinafter provided; or within said
time he may pay the entire assessment per square foot upon
any part of his land, providing that he shall when paying
[Title 91 RCW—page 7]
91.08.390
Title 91 RCW: Waterways
such partial assessment give to the treasurer a description of
the tract paid for. [1911 c 23 § 37; RRS § 9813.]
Payment of assessments by satisfying judgment: RCW 91.08.590.
91.08.400 Payment of assessment—Record of
payment without interest. When any assessment shall be
paid either in full or in part only, within the time for
payment without interest fixed by his notice, the treasurer
shall note the fact of such payment opposite the assessment.
[1911 c 23 § 38; RRS § 9814.]
91.08.410 Payment of assessment—Installments—
Collection. Immediately after the expiration of the time
fixed by his notice for payment of assessments without
interest, the treasurer shall divide the several assessments
which remain unpaid in whole or in part into ten equal
amounts or installments, as near as may be, without fractional cents, and enter said installments upon the roll opposite
the several assessments, numbering the same from one to ten
successively. And thereafter said treasurer shall annually for
ten years, before the time fixed by law for the collection of
state and county taxes, add one of the said assessment
installments with interest for one year from the expiration of
the time for payment without interest, or of the anniversary
thereof, at a rate determined by the board on the entire
unpaid assessment, to the tax levied upon the property
assessed, where said tax appears upon the county tax roll,
and collect said installment and interest, without reduction of
percentage for prepayment, at the same time and in the same
manner as state and county taxes are collected. And after
delinquency said installments and interest shall be subject to
the same charges for increased interest and penalties as are
other delinquent taxes. But no tax sale of lands assessed
under this chapter shall discharge the same from the lien of
any unpaid installments of the assessment against it until all
installments and interest are fully paid. [1981 c 156 § 34;
1911 c 23 § 39; RRS § 9815.]
Collection of taxes: Chapter 84.56 RCW.
91.08.420 Payment of assessment—Record of
installment payments. As each assessment installment is
paid the treasurer shall note the payment thereof in the
proper place upon the assessment roll. [1911 c 23 § 40;
RRS § 9816.]
91.08.430 Payment of assessment—Payment in full
or in part—Interest—Segregation. The owner of any
lands assessed under this chapter may at any time after the
time fixed by the treasurer’s notice for payment without
interest, discharge his lands from the unpaid assessment by
paying the principal of all installments unpaid with interest
thereon at a rate determined by the board to the next
anniversary of the time fixed as aforesaid; or he may pay
one or more installments, with like interest, beginning with
installment number ten and continuing in the inverse
numerical order of installments. The successor in title to
any part of his lands may have the proportionate assessment
segregated on the roll and charged to such part upon his
producing to the treasurer his recorded deed to such part.
[1981 c 156 § 35; 1911 c 23 § 41; RRS § 9817.]
[Title 91 RCW—page 8]
91.08.440 Payment of assessment—Interest on last
installment. The last installment of any assessment paid
shall include interest thereon at a rate determined by the
board to the actual date of payment. [1981 c 156 § 36; 1911
c 23 § 42; RRS § 9818.]
91.08.450 Payment of assessment—Land taken for
public use. Should any of the lands assessed under this
chapter be taken for or dedicated to public use, for highway
or any other public purpose, before the taking or dedication
shall be complete or take effect there shall be paid to the
county treasurer a sum equal to the principal of the unpaid
assessment upon said land at its proportionate rate per square
foot, with interest thereon for one year at a rate determined
by the board; and the treasurer shall credit the principal sum
paid to the unpaid installments upon the tract as originally
assessed. [1981 c 156 § 38; 1911 c 23 § 43; RRS § 9819.]
91.08.460 Payment of assessment—Treasurer’s
report. Immediately after expiration of the time fixed by
the treasurer for the payment of assessments levied under
this chapter, he shall report to the board in writing the sum
collected by him and in his hands to the credit of the
assessment roll; and thereafter and on or before the first days
of January and July in each year he shall make written
reports to said board of the sums collected by him upon said
roll, stating in detail the amount of principal, interest and
penalty so collected, the amount of principal remaining
uncollected, and also, in detail, the principal and interest paid
out by him under authority of the board, and the balance in
his hands to the credit of the roll. [1911 c 23 § 44; RRS §
9820.]
91.08.465 Bonds—Authorized—Purposes for
issuance. Should the owners of any lands assessed to pay
for an improvement contemplated by this chapter, fail to pay
the assessments thereon in full on or before the day fixed by
the treasurer’s notice as the time for payment without
interest, the board shall provide and issue bonds of the
district to the total amount of the unpaid assessments, which
bonds may either be issued to persons contracting to perform
the work of making the improvement, or exchange with
them for warrants; or be issued in exchange for work or
materials; or they may be sold outright as hereinafter
provided. Such bonds may be issued and sold in accordance
with chapter 39.46 RCW. [1983 c 167 § 265; 1911 c 23 §
45; RRS § 9821. Formerly RCW 91.08.470, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
91.08.480 Bonds—Terms, form, interest, execution.
(1) Such bonds shall be issued pursuant to an order made by
the board and by their terms shall be made payable on or
before a date not to exceed ten years from and after the date
of their issue, which latter date shall also be fixed by such
order. They shall bear interest at the rate or rates as
authorized by the board, which interest shall be payable
semiannually at periods named; shall be of such denomination as shall be provided in the order directing the issue, but
not less than one hundred dollars nor more than one thou(2002 Ed.)
Public Waterways
91.08.480
sand dollars; shall be numbered from one upward consecutively and each bond shall be signed by the president of the
board and attested by its clerk: PROVIDED, HOWEVER,
That any coupons may, in lieu of being so signed, have
printed thereon facsimile signatures of said officers. Each
bond shall in the body thereof refer to the improvement to
pay for which the same is issued; shall provide that the
principal sum therein named and the interest thereon shall be
payable out of the fund created for the payment of the cost
and expense of said improvement, and not otherwise; and
shall not be issued in an amount which, together with the
assessments already paid, will exceed the cost and expense
of the said condemnation and improvement. Such bonds
may be in any form, including bearer bonds or registered
bonds as provided in RCW 39.46.030.
(2) Notwithstanding subsection (1) of this section, such
bonds may be issued and sold in accordance with chapter
39.46 RCW. [1983 c 167 § 266; 1970 ex.s. c 56 § 105;
1969 ex.s. c 232 § 48; 1911 c 23 § 46; RRS § 9822.]
That the call for bonds shall be made by publication in the
official newspaper of the county within five days after the
semiannual interest period, and shall state that bonds
numbered . . . . . . . . . (giving the serial numbers of the
bonds called) will be paid on presentation; and that after a
date named, not more than fifteen days thereafter, interest on
the bonds called shall cease. [1985 c 469 § 98; 1911 c 23
§ 49; RRS § 9825.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
Purpose—1970 ex.s. c 56: See note following RCW 39.52.020.
Validation—Saving—Severability—1969 ex.s. c 232: See notes
following RCW 39.52.020.
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
91.08.485 Bonds—Sale or exchange for par value.
(1) Said bonds, whether sold or exchanged, shall be disposed
of for not less than their par value and accrued interest.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 267; 1911 c 23 § 47; RRS § 9823. Formerly
RCW 91.08.470, part.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
91.08.490 Bonds—Sale of. (1) Before making any
sale of such bonds the board shall advertise the sale and
invite sealed bids therefor, by publication in the county
official newspaper at least once, and in such other manner as
it sees fit, for a period of thirty days. At the time and place
fixed for receiving bids the board shall open all bids presented and may either award the bonds to the highest bidder or
reject all bids. Delivery of the bonds and payment therefor
may be as required by the board. The purchaser of any such
bonds shall pay the money due therefor to the county
treasurer, who shall place it in the district fund.
(2) Notwithstanding subsection (1) of this section, such
bonds may be sold in accordance with chapter 39.46 RCW.
[1983 c 167 § 268; 1911 c 23 § 48; RRS § 9824.]
Liberal construction—Severability—1983 c 167: See RCW
39.46.010 and note following.
91.08.500 Bonds—Payment. The treasurer shall pay
the interest on the bonds authorized to be issued by this
chapter, on presentation of matured coupons therefor, out of
the funds of the district in his hands. Whenever there shall
be sufficient money in any such fund (not less than one
thousand dollars) over and above sufficient for the payment
of matured interest on all outstanding bonds, to pay the
principal of one or more bonds, the treasurer shall call in
and pay the bonds in their numerical order: PROVIDED,
(2002 Ed.)
91.08.510 Bonds—Recourse of owner limited to
special assessment—Bond to so state. The owner of any
bond issued under authority of this chapter shall not have
any claim therefor against any person, body or corporation,
except from the special assessment made for the improvement for which such bond was issued; but his remedy in
case of nonpayment shall be confined to the enforcement of
such assessment. A copy of this section shall be plainly
written, printed or engraved on each bond so issued. [1983
c 167 § 269; 1911 c 23 § 50; RRS § 9826.]
91.08.520 Invalidity of assessments—Reassessment.
In all cases of assessments for improvements under this
chapter, wherein such assessment shall have failed to be
valid in whole or in part for want of form or insufficiency,
informality or irregularity, or nonconformance with the
provisions of this chapter, the board is hereby authorized to
cause such assessments to be reassessed and to enforce their
collection in accordance herewith. [1911 c 23 § 51; RRS §
9827.]
Assessment procedure: RCW 91.08.270 through 91.08.380.
91.08.530 Construction—Contractor’s bond—
Bidder’s deposit—Claims. After the confirmation of the
assessment roll of any improvement district provided for
herein, the board shall proceed at once with the construction
of the improvement, and in carrying on the construction it
shall have full charge and management thereof and the
power to employ such assistants as it may deem necessary,
and purchase all material required in such construction; and
it shall have power to let the whole or any part of the work
of the improvement to the lowest and best bidder therefor,
after public advertisement and call for bids; and in case of
such letting of a contract it shall have the power also to
enter into all necessary agreements with the contractor in the
premises: PROVIDED, That in the case of the letting of a
contract the board shall require the contractor to give a bond
in the amount of the contract price, with sureties to be
approved by the board and running to the board as obligee
therein, conditioned for the faithful and accurate performance
of his or her contract by the contractor, and that he or she
will pay, or cause to be paid, all just claims of all persons
performing labor upon or rendering services in doing the
work, or furnishing materials, merchandise or provisions
used by the contractor in the construction of the improvement. The bond shall be filed and recorded in the office of
the auditor of the county and every subcontractor on any
such work shall file and record a like bond in the full
amount of his or her subcontract. Unless otherwise paid
their claims for labor or services, materials, merchandise or
[Title 91 RCW—page 9]
91.08.530
Title 91 RCW: Waterways
provisions, the claimants may have recourse by suit upon
such bond in their own names: PROVIDED, That no such
claim or suit shall be maintained unless the persons making
the claim shall within thirty days after the completion of the
improvement, file their claims, duly verified, to the effect
that the amounts thereof are just and due and are unpaid,
with the clerk of the board. Each bidder for a contract to be
let under this section shall deliver with his or her bid a
check for five percent of the amount of the bid, drawn upon
a bank in this state and certified by the bank, as surety to the
board that the bidder will enter into the contract with the
board. The checks of unsuccessful bidders will be returned
to them when an award of the contract has been made by the
board. A low bidder who claims error and fails to enter into
a contract is prohibited from bidding on the same project if
a second or subsequent call for bids is made for the project.
[1996 c 18 § 16; 1911 c 23 § 52; RRS § 9828.]
Contractor’s bond: Chapter 39.08 RCW.
91.08.540 Construction—Installment payments—
Reserve. During the construction of the improvement said
board shall have the right to allow payment therefor to
contractors in installments as the work progresses, in
proportion to the amount of work completed: PROVIDED,
That no such allowance or payment shall be made for
exceeding seventy-five percent of the proportionate amount
of the work completed; and twenty-five percent of the
contract price shall be reserved at all times by said board
until such work is fully completed, and shall not be paid
until thirty days have expired after such completion. Upon
completion of the work and the production of satisfactory
evidence to the board that all just claims for labor, materials,
goods, wares, merchandise and provisions furnished to the
contractor have been paid, the board shall accept the improvement and pay the contract price therefor. [1911 c 23
§ 53; RRS § 9829.]
91.08.550 Warrants. The indebtedness of any such
district on contracts, or upon employment or for supplies,
shall be paid by warrants on the district fund only, to be
issued by the board upon allowed written claims. Such warrants shall be in form the same as county warrants, or as
nearly the same as may be practicable; shall draw the legal
rate of interest from the date of their presentation to the
county treasurer for payment, and shall be signed by the
chairman and attested by the clerk: PROVIDED, That no
warrants shall be issued in payment of any indebtedness of
such district for less than the face or par value. [1911 c 23
§ 54; RRS § 9830.]
Public contracts and indebtedness—Interest rate on warrants: Chapter
39.56 RCW.
91.08.560 Warrants—Payment. All warrants issued
under RCW 91.08.550 may be presented by the holders
thereof to the county treasurer, who shall pay them or endorse thereon the date of presentation for payment and if the
same are not paid, and the reason for their nonpayment; and
no warrant shall draw interest until it is so presented and
endorsed by the county treasurer. It shall be the duty of the
treasurer from time to time, when he has sufficient funds in
his hands for the purpose, to give notice to warrant holders
[Title 91 RCW—page 10]
to present their warrants for payment; such notice to be
given by advertisement in the county newspaper. And thirty
days after the first publication of said notice the warrants
called shall cease to bear interest. Said notice shall be
published once each week for two weeks consecutively, and
such warrants shall be called and paid in the order of their
endorsement. [1911 c 23 § 55; RRS § 9831.]
91.08.570 Public lands not devoted to public use to
be treated as private lands. State, school, county, school
district, and other lands belonging to other public corporations which will be benefited by the construction, deepening
or widening of any such waterway, and which are not
devoted to public use, shall be subject to the provisions of
this chapter, and the owners thereof by and through the
proper authorities, shall be made parties in all proceedings
affecting said lands, and shall have the same rights and be
liable to the same right of eminent domain as the lands of
private persons or corporations. [1911 c 23 § 56; RRS §
9832. FORMER PART OF SECTION: 1911 c 23 § 57;
RRS § 9833, now codified as RCW 91.08.575.]
Eminent domain procedure—Service in case of public lands: RCW
91.08.150.
91.08.575 Public lands not devoted to public use to
be treated as private lands—Assessment. Lands belonging
to the state, and school, county, school district and other
lands belonging to public corporations and which are not
devoted to public use, which are benefited by any improvement instituted under the provisions of this chapter, shall be
assessed in the same manner as lands of private persons and
corporations, and the assessment shall be paid by the proper
authorities. [1911 c 23 § 57; RRS § 9833. Formerly RCW
91.08.570, part.]
Assessment procedure: RCW 91.08.270 through 91.08.380, 91.08.520.
91.08.580 Appellate review. Any person aggrieved
by any condemnation judgment for compensation or damages, or by any judgment confirming an assessment upon land
for benefits under this chapter, may seek appellate review of
the judgment as in other civil cases. [1988 c 202 § 95; 1971
c 81 § 181; 1911 c 23 § 58; RRS § 9834.]
Rules of court: Method of appellate review, Cf. Title 2 RAP, RAP 18.22.
Severability—1988 c 202: See note following RCW 2.24.050.
91.08.590 Payment of assessments by satisfying
judgment. Any defendant in a condemnation proceeding
under this chapter, whose remaining land, or whose other
lands in the district, shall be assessed for benefits arising
from the improvement, may pay his assessments in full, if
they be less than his condemnation judgment, at or before
the time fixed by the treasurer for the payment of assessments without interest, by satisfying his judgment upon the
judgment docket and producing to the treasurer the certificate of the county clerk that the judgment has been satisfied.
And if his assessments be greater than his condemnation
judgments he may, within the same time, pay his assessment
to the extent of his judgment by the like satisfaction and the
like production of the clerk’s certificate to the treasurer. In
each case the treasurer shall note the payment and the
(2002 Ed.)
Public Waterways
manner thereof on the assessment roll and report the same
to the board. [1911 c 23 § 59; RRS § 9835.]
Payment of assessment: RCW 91.08.390 through 91.08.460.
91.08.600 Purchase of filling material. At any time
before the completion of excavations required for the
construction, deepening or widening of a waterway under
this chapter, when there will be surplus material dug or
dredged from such waterway, any owner of land within the
district, for the filling of whose land no provision has
theretofore been made, may have such surplus material
delivered upon his land for filling purposes upon paying the
cost of such delivery in a sum to be fixed by the board. The
sum so fixed shall be paid to the treasurer at such time and
in such manner as the board may prescribe, and shall be
credited to the district fund. [1911 c 23 § 60; RRS § 9836.]
91.08.590
91.08.650 Enforcement. The superior court may
compel the performance of duties imposed by this chapter,
and may on proper application therefor issue its mandatory
injunction for such purpose. [1911 c 23 § 66; RRS § 9842.]
91.08.660 Construction—1911 c 23. This chapter
shall not be held to be an exclusive method of constructing,
deepening or widening such waterways, nor in conflict with
any other method which may be provided by law. [1911 c
23 § 64; RRS § 9840.]
91.08.610 Surplus money in district fund transferred to road fund. Should there be any money remaining
in the district fund after the payment in full of all of the
obligations of the district, it shall be transferred to and
become a part of the road fund of the county. [1911 c 23 §
61; RRS § 9837.]
"County road fund" created: RCW 36.82.010.
91.08.620 Unclaimed funds, disposal of. Should any
sum of money paid into court as compensation or damages
for land or property taken or damaged in any condemnation
proceeding under this chapter be uncalled for the period of
two years, the county clerk shall satisfy the judgment
therefor and pay the money in his hands to the treasurer for
the road fund of the county. But upon application to the
board of county commissioners within four years after such
payment, the party entitled thereto shall be paid such money
by the county without interest: PROVIDED, That if any
such party, being a natural person, was under legal disabilities when such money was paid to the treasurer, the time
within which he or his legal representatives shall make
application for the payment thereof shall not expire until one
year after his death or the removal of his disabilities. [1911
c 23 § 62; RRS § 9838.]
91.08.630 Waterways as highways—Control of.
Every waterway constructed, deepened or widened under this
chapter shall, from and after the completion thereof, be a
public highway for vessels and an outlet for swamp or
overflow water which may be drained into it from any lands
in the district or tributary thereto, and shall be under the care
and control of the board of county commissioners of the
county as are other highways: PROVIDED, That whenever
any such waterway shall thereafter be included within the
limits of any city or town, the care and control thereof shall
pass to the corporate authorities of such city or town. [1911
c 23 § 63; RRS § 9839.]
91.08.640 Fees for serving process. The fees for the
service of all process necessary to be served under the
provisions of this chapter shall be the same as those for like
services in other civil cases. [1911 c 23 § 65; RRS § 9841.]
Fees of county officers: Chapter 36.18 RCW.
(2002 Ed.)
[Title 91 RCW—page 11]
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